HomeMy WebLinkAboutCode Amendment 72-29 - Ordinance 1820 - Delete oil operation Affidavit of P # licati®n
State of California
County of Orange ss �y
City of Huntington Beach I GZ}1`ZG
George Farquhar, being duly sworn on oath, says: That he is a GZ,�V G
citizen of the United States, over the age of twenty-one years. 19 -
That he is the printer and publisher of the Huntington Beach pV
News, 'a weekly newspaper of general circulation printed and pub- AYYg r--�
lished in Huntington Beach, California and circulated in the said 5�
County of Orange and elsewhere and published for the dissemination
of local and other news of a general character, and has a bona fide
subscription list of paying subscribers, and said paper has been
established, printed and published in the State of California, and
County of Orange, for at least one year next before the publication
of the first insertion of this notice; and the said newspaper is not
devoted to the interest of, or published for the entertainment of any
particular class, profession, trade, calling, race or denomination, or
any number thereof.
The Huntington Beach New was adjudicated a legal newspaper
of general circulation by Judge G. K. Scovel in the Superior Court
of Orange County, California August 27th, 1937 by order No. A-5931.
Published Huntington-Beach News-Jan.l
That the CODE AMENDMENT NO. 72--29 4 1973. '
f NOTICE OF PUBLIC HEARING
CODE AMENDMENT NQ; 72-29
NOTICE,IS-HEREBY GIVEN tNt-a pub-
of which the annexed is a printed copy, was published in said news- Tic d61 Of
will tie' held by the City
Council of the City of Huntington Beach,
in.'the Council; Chamber of. the- Civic
one issue :.enter, .Huntington Beach, at the hour l
paper at least of 7:00 P.M., of as'soon thereafter bs
possible,'on Monday the 5th day of I
February, 1973,_fon the purpose of con-
commencing from the 25th day of JRnu&ry sidering a.,proposed code amendment
initiated_by.the,City Planning Commis-I
sion thak:will delete.oil operations in
1971—, and ending on the th day of January the.Ai Agricultural 0i5trict as'a'pi rmit-
ted use ..and'to=allow produce selling+{
stands in the Al Agricultural Distiict,
subject to the criteria provided- by S.
19Z3___, both days inclusive, and as often.during said period and 973and approval of an administrative
times of publication as said paper was regularly issued, and in the review.application by,the Board of Zon-
regular and entire issue of said pewspaper proper, and not in a ing Adjustments.
supplement, and said notice was published therein on the following All interested" persons :area invited toy
attend-.said hearing and express their
dates, to-wit: opinions.for or against said Code Amend-
r�7 3 Lment'. '
Jan ��. 17 Further-informafion may be obtained
1frorn-the Office of the.City Clerk.
D_ATED; 1/22/73 -
CITY OF HUNTINGTON UEACH
By:':'Paul C, Joncs --
City Clerk
Pul3lisher T
Subscribed and sworn to before me this 26th day of
January , 1923—_.
'al"A6;_ Notary Public
Orange County, California
p, THOMAS D. WYLLIE
Notary� Y Public-California
Orange County
My Commission Expires
Fog September 12, 1974
ur:ber of e r Q t s
None
!-,ub 1 h Onc
aAl, NOTICE
T TC H 1�;k
T T,-'— 0,F I T B L
CODE MENDMENT No 72-29
V -�a-f bI i- hearing will- be held
I-OT-CF, t a pu
by the City Planning Comm i E",,s i or of the City of Huntington
i3each for the purpose of considering a 1-reposed Code Amendment
that will delete oil operations in the Al Agricultural District
as a permitted use and to allow 6=:!? produce selling stands in
the Al Agricultural District subject to the criteria provided by
S. 9730.15 and approval of an administrative review application by
the Board of Zoning Adjustments.
�-')r,Jd hearing will be held at ti-ie hour of 7:00
January 16, 1973 9 in
4-; C,- , C,; vlc "'enter,
- nci � Charib r of the�,,he
-intington Cqliforria, n- Mtn Strf-et Mai ;: a reet
n,-I 0 r a n ge
All i=',.,-:rested to -atti�nd sai.:': ',-,earing
and express -heir oninion:, foi, .,)r the -,propose,-:
Code Amenkkaent
Further information rm%J,v 1- obt.-�ined froM h el City
F15nninF D-part,mcn-IF .
Bone NT,, 536-5271
1)ATTE-1) t f.i bath January, 1973
,1 I r,�I�,
7TC, �C,
K.A. Reynolds
Secretary
1�
p.
City Clerk
City of Huntington Beach
The Huntington Beach Planning Commission, at their regular/adjourned
meeting held January 16 , 1973 , recommended
Approval of Code Amendlent No . 72-29
If approval has been recommended, the City Council will be required to
hold a public hearing on this matter. Although there is a 10 day appeal
period, we suggest that the matter be set for the earliest possible City
Council meeting, because the purpose of any appeal is to have a hearing
before the City Council and this is already being accomplished. We
further suggest that you not accept any appeal, as it will serve no purposes
If approval has been recommended other than as requested, the City Council
will be required to hold a public hearing on this matter. However, there
is a possibility that the Planning Commission's decision will be appealed;
therefore, we suggest that publication be held off until the 10 day
appeal period has expired.
If denial has been recommended, the City Council may summarily deny the
request. However, we suggest that the matter not be scheduled on the
City Council agenda until the 10 day appeal period has expired.
A copy of the Planning Department legal notice, and a list of owners of
property within 300 feet of the subject area will be submitted upon your
request. _ 7
The applicant in this matter is i
(Address)
(Telephone)
Kenneth R. Reynolds,
Planning Director
by Betty Oswald
WHITE-CITY ATTORNEY i. CITY OF HUNTINGTON BEACH No.
F BLUE-CITY CLERK
GREEN-ClTY ADMINISTRATOR 17
CANARY-DEPARTMENTAL «uw«c�o«euc« REQUEST for ORDINANCE or RESOLUTION
Date Reg t mf byReyno1dS Department
1-29-73 Planning Director Planning
INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council
Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate
paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must
be cleared and approved by the Director of Finance before submitting to City Administrator's Office.
Preparation of an Ordinance or Resolution is hereby requested:
Code Amendment No. 72-29 attached
v
Desired effective date Signed: Approved as to availability of funds
Director of Finance
City Attorney—Please prepare and submit printed copies to this office by:
City Administrator
40y of Huntington peach
County of ®ravage .
State of California
Af fidavitof Publication
of GEORGE FARQUHAR
Publisher Huntington Beach News
Filed
Clerk
By
Deputy Clerk
L7 ,
J HUHUR M Reach H aWn ° COMMSSW
P.O. BOX 190 CALIFORNIA 92648
TO : Honorable Mayor and City Council
FROM: Planning Commission
DATE : January 29 , 1973
RE : CODE AMENDMENT NO. 72-29
Code Amendment No . 72-29 proposes to :
1 . Delete oil operations in the Al Agricultural
District as a permitted use because this
use no longer applies in the Al District .
2 . Delete the prohibition of produce selling
stands in the Al Agricultural District because
of the conflict with S. 9730 . 15 which permits
agricultural stands subject to the criteria
provided therein and approval of an administrative
review application by the Board of Zoning Adjustments .
The Planning Commission unanimously approved Code Amendment
No. 72-29 at its January 16 , 1973 meeting and recommends
approval by your Honorable Body.
The State Planning Act requires that a public hearing be
held after which the Code Amendment may be adopted by
ordinance .
Additional Information:
The amendment is needed to remove existing conflicts in
the ordinance .
It was brought to the Commission ' s attention by Mr. Dan
McFarland, Building Department , that a problem exists in
the area of produce truck sales along public streets and
on vacant properties because of poor parking and lack of
provision for vehicle access . A report on the problem
as it exists is attached for the Council ' s information.
It was the feeling of the Commission that this problem
should be brought to the Council ' s attention.
Honorable Mayor and City Council January 29 , 1973
Page 2
7/
Supporting Information Submitted Herewith:
1 . Code Amendment No . 72-29
Information to be Submitted at the Public Hearing :
1. Staff Comments
Respectfull submitted ,
K. A. Reynolds
Secretary
KAR:bwo
enc. Code Amendment No. 72-33
Building Department Report
' FCITY ®F HUI TINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Planning Commission From Building Department
through John F. Behrens
Subject Roadside Stands Date. January 29, 1973
The license fee for vendors of agricultural products from a
vehicle are currently being covered under Section 2114.2.18 of the
Huntington Beach Ordinance Code at a cost of $60 per year.
This section covers only the fee, and loosely defines this type
of operation as a "peddler of a commodity being sold or delivered
directly to a consumer by means of a regular system of delivery
vehicle upon a fixed route or from place to place".
In all cases of the vending of agricultural products from a
vehicle, there has -been no administrative approval or code section
permitting this use.
An enforcement problem has been created because the vendors are
under the impression that since they have paid a license fee and have
obtained permission from the owner_ upon whose property they operate
that the use is legal.
The greatest problem is the traffic hazards created by the _lack
of control of setbacks, parking provisions and placement of signs.
The Department of Building and Community Development has notified
these vendors, when they are noted in the field, that they are not
permitted to remain at one location for more than a fifteen minute
period and if found in a high traffic hazard area are ordered not to
set up again at that particular location.
It is recommended that if this type of operation is to be
permitted, an Administrative Review be required with special attention
to be given to the location, number of days and hours of operation,
display of products and signs, and parking provisions.
Sincerely,
John F. Behrens
D partment of Building and Community Development
Wa ter Lipps
Land Use Technician
rIRST DRAFT - STAFF REVIEW
Proposed Code Amendment No. 72-29 OA
November 1, 1972
1 May be generally referred to as:
2' "Al USES' AMENDMENT
8
4 That the following changes are proposed to the Huntington Beach
Ordinance Code: the intent being to delete oil operations in the
6 Al AGRICULTURAL DISTRICT as a permitted use because this use no
longer applies in the Al District and to delete the prohibition
6 of produce selling stands in the Al AGRICULTURAL DISTRICT because
of the conflict with S.9730. ,'Y " which permits agricultural stands
7 subject to the criteria provided therein and the approval of an
administrative review application by the Board of Zoning Adjustments*:,
8 Said changes shall read as follows :
9 • e . • • • • • . • . • • • • . • • • • . . . e • • e • • • • • • • • . . • • • • . • • • . • • • • . • .
REPEALED: � � (none)
10 . . . . . . . . . . . . . . . . . . . . . . . . .
RENUMBERED: (none)
n . . . . . . . . . . . • . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . .
AMENDED:
12
18 S .9611 USES PERMITTED - The following uses shall be permitted
'14 in the Al District: (619)
16 a• Agricultural Use. Agricultural and horticultural uses including
16 orchards , tree crops , field crops , bush crops , vegetable gardening,
17 flower gardening and accessory buildings or structures therefore, i
18 such as greenhouses , barns and implement sheds, all under the
19 further provisions of this Article.
20
�. Oil-8peratiens:--'£ke-driiing-and-eperating-€er-the-disee�ery-
21 er-predgetien-a€-water-er-a€-ei�;-gas;-kyelreearbens-and�er-�€indre
22 9-.bstanees-€n-tke€r-natural-states-tseder-tke-€eliew€ng-esnd€t€ens•(61e
28
. ® €ert�ity-te-6ede:--6nek-eperst€ens-and-eenstrt�eten-ska �-
24 be-in-een€ermity-with-tke-Huntingten-Beaeh-Grdinanee-cede
25
provisions-whisk-are-net-in-seas€iiet-with-the-provisions
26
e€-this-Artieie:-E6i9�
27 1 of 3
28 ;
1st; 72-29; 11/1/72
1 -2% Mud-Bumps;-Snps-Prehibited.--The uses-permitted udder
2 Sectlem-96ll:2-shall-not-be-eenstrued-as permitting-rotary
3 crud-dings;- sutt�ps-er-dispesal, petreleum-re€lning-er-pre--
4 eessing7-ner-sterage-e€-ell er-gas-in-tanks exceeding-ene
6 �keusat�d-��.;000�-liarre3-eapaei��;-net-�o-e�ceeed-s3�z�ee�
6
7 -3: 8e.r€aee-8peratienss--Bistanee-€rerR-Highway --All-star€aee
$ egtaipn�ent;-seek-as-tep-e€-well;-ptat�ps;-tanks-and-the-life
9 shall-be-at-least-ene-kt9ndred-€l€ �-F}583-€eel-€rex�-eke
10 nearest-pertleR-a€-and-publie-read;-street-er-State-Higk�aa ,
11 and-shall-else-be-at-least-twenty-€ive-E2�3-€eet-€rem-an�r-
12 let-line-wkiek-is-net-eecen-with-a-publle-read;-street
18 er-kigkway-line:--(6193
14 4. Setbaeks---in-any-ease-where-the-setbaek -yard-er-spaee
16 requirecc�ents-e€-this-Artiele-would-exelude-the-rase-perr�itt d
16 by-Seetien-9611-Eb3-beeause-e€-the-size-er-shape-of-a-let;
17 staeh-rase- air-be-leeated-en-the-rear-kal€-e€-the-let-and-ne
18 less-than-twelve-and-one-kal€-El� �-€eet-€reel-the-side.-and
19 rear-let-lines;-provided;-kewever;-that-prier-te-the-e€€ee 've .
20 date-e€-this-Artiele;-El)-a-deed-te-staek-let-was-a€-reeerd;
21 f��-that-the-let-ls-assessed-as-a-separate-let;-and-�3�-tk
22 tke-let-is-held-Lander-a-separate-ewriership-€rem-adieining
28 letsa--F619�
24 c. RI Uses. All uses permitted in R1 District, provided that there
26 shall be not more than one dwelling for each five (5) acres of
26 land area in the lot or parcel, upon which the dwelling is
27 located, except as provided in S.9730.5. (619)
28 2 of 3
29
y
' 1st;72-29;.11/1/72
1 d. Parking Lots for Automobiles . (619)
2 e. Radio Transmitter Stations . (619)
8 g. Garbage, Sewage Disposal Prohibited: No provision of this
4 Article shall be construed as permitting farms or plants for
6 the disposal of garbage, sewage, or offal, except by the City
6 of Huntington Beach as a governmental function or service. (61 ))
7 h. Animal Husbandry: Permit Required. No provisions of this
8 shall be construed as permitting animal husbandry, or the
9 raising or keeping of animals or fowls for any commercial
10 purpose unless a permit has been secured from the Council
11 authorizing such use and the conditions upon which the specifi d
12 land may be used for such purpose. (619) .
14 sha��-be-eertst tied-as-pe tt ag-any-bxild erg; strticture-er-
16 stand-e€-ether-a-peartertt-er-te�pea -eharaete -e�-aay-.het
16 or-pareel;-te-faellitate-the-selling-of-produee-er-ereps-of
17 arty-kind-whether-stieh-prodtsee-er-ereps -.were-raised on-tke-
18 pareel-or-not:-(6193-
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . .
19 ADDED:
20
21
22
28
24
25
26
27
3 of 3
28
29
Publish 1/25/73
Postcards 0
NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO 72-29
NOTICE IS HEREBY GIVEN that a public hearing will be held by the
City Council of the City of Huntington Beach, in the Council
Chamber of the Civic. Center, Huntington Beach, at the hour of
7:00 P.M. , or as soon thereafter as possible, on Monday
the 5th day of February 1973 , for the purpose of
considering initiated by the City Planning Commission
g a proposed code amendment/that will delete oil operations
in the Al Agricultural District as; a permitted use and to allow
produce selling stands in the Al agricultural District, subject to
the criteria provided by S. 9730.15 and approval of an administrative
review application by the Board of Zoning Adjustments.
All interested persons are invited to attend said hearing and
express their opinions for or against said Code Amendment.
Further information may be obtained from the Office of the City
Clerk.
DATED: 1/22/73 CITY OF- HUNTINGTON BEACH
By: Paul C . .Jones
City Clerk
1