HomeMy WebLinkAboutCode Amendment 72-31 - Ordinance 1847 - Article 984 Conditio eA
Affidavit ®f PRhlication C)
,State of California
County of Orange ss
City of Huntington Beach
George Farquhar,being duly sworn on oath, says: That he is a
citizen of the United States, over the age of twenty-one years. '
That he is the printer and publisher of the Huntington Beach ��" R�
News, a weekly newspaper of general circulation printed and pub- / IV kG1�Y G
lished in Huntington Beach, California and circulated in the said ( `
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 �J
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 i Published'Huntington Beach News May j
of Orange County, California August 27th, 1937 by order No. A-5931. �'10, 1973,
NOTICE OF PUBLIC BEARING 1
That the CODE AMENDMENT 72-11 CODE AMENDMENT;72-31
NOTICE IS'HEREBY GIVEN that apub
lic hearing will be held 'by the City
Council of the"City of Huntington Beach,
!in the Council Chamber *of the Civic'
of which the annexed is a printed copy, was published in said news- Center. Huntington Beach,• at the hour`
of 7:00 P.M., or as soon.thereafter as
possible, on Monday the 21st day ,of
paper at least one issue I shay 1'374 for the.,,purpose°of'consider-I
mg a';propr�Qcf:Code Amendment; thei
intent,-being to: amend Article 984,from
commencingfrom the l�n day of May u use permit
procedure to a pprconoy ionaf
Y use,.permit procedure far.approv'al,'of
Planned Residential Develooments: '
All interested persons are invited to
19_Z3—, and ending on the 10th day of MA.y attend said hearing and express 'their
opinions for or against said code amend.
ment.
19—u , both days inclusive, and as often during said period and Further information may be obtained
times of publication as said paper was regular` issued, and in the from the office of the city clerk.
p p p Y DATED: May„7, 1973
regular and entire issue of said pewspaper proper, and not in a CITY 4,HUNTINGTON 13CACK
supplement, and said notice was published therein on the following <py Alicia M.-Wentworth
dates, to-wit: 6lty Glcrk ;.
May 10 , 1973
P usher
Subscribed and sworn to before me this 11th day of
May , 19-23_.
Notary Public
Orange County, California
THOMAS D,
Notary Public-CaWliflo'L�aE
` ® .4 Orange County
MY Commission Expires
September 12,
1974
72-31 ; 5/l/73
I (a) That the proposed use has a detrimental effect
2 upon the general healthy welfare , safety and con-
3 venience of persons residing or working in the
4 neighborhood, or is detrimental or injurious to
5 the value of the property and improvements in the
6 neighborhood, or
7 (b) That the proposes use adversely affects the Master
8 Plan of Land Use , or
9 (c) That the proposed use is not compatible with other
10 and proposed uses in the neighborhood, or
11 (d) That the location, site layout , and design of the
12 proposed use does not properly orient the proposed
13 structures to streets , driveways ,and other adjacent
14 structures and uses in a harmonious manner , or
15 (e) That the combination and relationship of one pro-
16 posed use to another on the site are not properly
17 integrated; or
18 (f) That the access to and parking for the proposed use
19 creates an undue traffic problem ; or
201 (g) In the case of a Conde tic►taf Use Permit for a
I
21 Planned Residential Development , that the develop-
22 ment is not consistent with the intent and purpose
23 of Planned Residential Developments as set out in
24 Article 931.
25 S. 9841 . 5 Conditionat Use Permit Approval . The Planning
26 Commission may approve a Conditionat Use Permit
27 when it finds that the plan will be in substantial compliance with
28 the requirements of this article , the Master Plan of Land Use , and
Page 4 of 7
2n4 , 72-31 ; 5/1/73
1 the development standards for such use , or may conditionally
2 approve such Conditionat Use Permit And attach such conditions
3 as the Planning. Commission deems necessary to secure the purposes
of this article and Divi n9 , and may require guarantees and
5 evidence that such conditions are being or will be complied with.
6 S. 9841 , 7 Finding of Fact and Decision. In granting,
7 modifying, or denying a Conditiona�Use Permit , the
8 Planning Commission shall specify the facts relied upon in
9 rendering a decision. Said decision shall be made within sixty
10 (60) days after the public hearing.
11 S. 9841. 8 Failure to Act. Failure of the Planning Commission
12 to take final action on any Conditional Use Permit
13 application within sixty (60) days subsequent to the date of
14 filing or the date said application was referred to the Planning
15 Commission by the City Council , shall be considered a decision
16 of the Planning Commission recommending that such application be
17 denied, unless a continuance is agreed to by the applicant or his
18 authorized agent .
19 S. 9841. 10 Effective Date of Approval . Conditional Use Permits
20 shall not become effective for ten (10) days after
211 being granted, and in the event of appeal is filed or a challenge
22 is issued by the City Council , said permit shall not become effects
23 until a decision is made on such appeal .
24 S. 9843. Time Limit. Each Conditional Use Permit authorize
25 under the provisions of this article for which
26 actual construction has not commenced within one (1) year from
27 the date of final approval , shall become null and void.
28
Page 5 of 7
72-31; 5/l/73
1 S. 9843. 1 Revocation for Delay. The City Council may revoke
any Conditionat Use Permit, except Conditionat
3 Use Permits for Planned Residential Developments , when actual
4 construction has not commenced within a period of six months from
5 the date of granting if conditions have changed so as to make the
6 proposed use or building conflict with surrounding uses , the
7 intent of this article,, or the intent of the district in which
8 such use or building is proposed.
9 S. 9843. 3 Discontinued Use of Land, Building or Premises .
10 When any use of land, building or premises
11 established under the provisions of this article has been dis-
12 continued for a period of six months , it shall be unlawful to
13 again use such land, building or premises for such discontinued
14 use unless a subsequent Conditionat use permit is approved.
15 S. 9844 Unlawful Use . Any building or structure set up ,
16 erected, built , moved or maintained and/or any use
17 of property contrary to the provisions of this article and/or any
18 conditions attached to the granting of any Conditionat use permit
19 1pursuant. thereto shall be and the same is hereby declared to be
2011unlawful and a public nuisance , and the duly constituted authoritie
I
211of Huntington Beach shall , upon order of the City Council ,
22 ' immediately commence action or actions , proceeding or proceedings ,
23 for the abatement , removal and enjoinment thereof in the manner
24 provided by law, and shall take such other steps and shall apply
25 to such court or courts as may have jurisdiction to grant such
26 relief as will abate and remove such building , structure or use
27 and restrain and enjoin any person, firm or corporation from
28 setting up, erecting , building , moving or maintaining any building
or structure or using any property contrary to the provisions of
Page 6 of 7
Tid9 72-31 ; 5/l/73
` this an.t.icte or the conditions of said cond,i.t,ionat -use permit .
2 S. 9845 . Failure to Cvniply. Failure to abide by and
faithfully comply with any and all conditions that
4 may be attached to the granting of any Cond.itionat Use Permit
5 pursuant to the provisions of this ant.icte . shall constitute
6 grounds for the revocation of. said permit by the City Council .
7 No certificate of occupancy shall be issued non bhatt ,the 6inat
8 bu.itd.ing .in.6pection be approved if conditions attached to the
9 granting of the Cond.i.t.ionat Use Permit have not been complied
10 with. All remedies provided for herein shall be cumulative and
11 not exclusive.
12 S. 9847 . Application After Denial . If a Cond.itionat Use
13 Permit has been denied, no further application
14 covering the same or similar use or plan , whichever is applicable ,
15 shall be filed or considered within the period of one (1) year from
16 the date the determination thereof became final .
17 S. 9848 . Effectuation. No building permit shall be issued
18 in any case where a Conditionat Use Permit is
19 ' required by the terms of the Huntington Beach Ordinance Code ,
20 ! unless and until such peewit has been granted . No certificate of
21 ii
occupancy shall be issued non shatt a 4inat bu.i£ding inApection be
22
app4oved until all terms and conditions of such Cond.i.t.ionat
23 Use Permit have been completed or fulfilled.
24
25 ADDED:
(none)
26
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27
28
Page 7 of 7
STAFF REPORT.
t4�
To: PLAN AG OOMMifGN
FROM: Planning DlepasrtQ-aVIT
' CODE AMEND)MENT NO. 72 -3l d• 1 9 D y73
PURPOSE : To amend Article 984 from a use
permit procedure to a ' conditional
use permit procedure for (approval
of planned resident.jai developments
and unclassified uses.
The Conditional Use Permit amends Article 984 to establish
a procedure which ,will enable the Planning Commission to authorize
unclassified uses and Planned Residential Developments .
This code amendment was originally reviewed by the Planning
Commission at the December Sn 1972 meeting. On April 17, 1973
this code amendment was set for public hearing. ' The second
draft reflects the final draft, pending a decision on S .9310 >46
Exceptions at a later date .
The staff recommends approval of Code Amendment No. 72-31 in
conjunction with the unclassified uses .
i
(, of Huntington' peach ,.
County of ®range
State of California
,,4 ffidavit ofPublication
of GEORGE FARQUHAR
Publisher Huntington Beach News
Filed
Clerk
By
Deputy Clerk
Pcsbl h May 14, 1913
Postcards p
NOTICE OF PUBLIC HEARING
Code Amendment 72-31
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
77:00 P.M. . or as soon thereafter as possible, on MondaX
the 21 day of May , 1973 for the purpose of
considering a rroposed Code Amendment, the intent being to amend Article 984
from a use permit procedure to a conditional use permit procedure for approval
of Planned Residential Developments.
All interested persons are invited to attend said hearing and i
express their opinions for or against, said code amendment
Further information may be obtained from the Office of the City
Clerk.
DATED: May 7; 1973 CITE' OFHUNTINCTOW BEACH
By: Alicia . Wentworth
City Clerk ,�
` - Number of Excerpts Nonce
Pub 1 i'Ph Once
LEGAL NOTICE
NOTICE OF`,PUBLIC HEARING
CODE AMENDMNT R10 72-31
I;OTICE IS HEREBY GIVEN that a public hearing will_ be held
by the City Planning Commission of the City of Huntington
Beach for the purpose of considering a Proposed Coda AmandmMn t
The intent bGinng to grand Article 984 from a use permit procedure
to ea conditional use permit procedure for approval of Planned
Residential DavQlopmnts.
Said hearing will be held at the hour of 7a00 P.M.
"T.1 May to 1973 , in the Council. Chamber of the CIvic Center ,
-i tington T'r.ach, California, on, 5th Street beti�,een llal ,,-� Street
nc. Orange y trenue o
All iy-t,-,rested persons q.,— invited to att(,nd saii.? ?searing
and express their opinion,, for or against the proposeC,
Coda Awn not
Further information may b,, obtained from the City
Flanning Department.
No 536-5271
PATER tl)i. 19th Iry () t' Aprilo 1973
CITY PLANNING COMMISSION
By
K.A. Reynolds
a
City Clerk (((
City of Huntington Beach
The Huntington Beach Planning Commission, at their regular/aJ--�
meeting held a2, � , recommended
of E l o
a
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 purpose.
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,
apetyr w#Chin=3f70=feet=o'f the subject: area will be submitted upon your
request.
The applicant in this matter is o o D
�/O� o .
(Address) (v/ O l O .�/�� o.J/
0
(Telephone)
Kenneth R. Reynolds,
Planning Director
by
PO
P.O. BOX 190 CALIFORNIA 92646
ot,
TO: Honorable Mayor and City Council
FROM: Planning Commission
DATE: May 8, 1973
RE: CODE AMENDMENT NO. 72-31
The purpose of Code Amendment No. 72-31 is to amend
Article 984 from a use permit procedure to a con-
ditional use permit procedure for approval of planned
residential developments and unclassified uses. The
Conditional Use Permit will establish a procedure
which will enable the Planning Commission to authorize
unclassified uses and planned residential developments.
The Planning Commission held a public hearing on
May 1, 1973. No one present addressed the Commission,
either for or against the proposed amendment. The
proposed amendment was approved by the following vote:
Ayes : Bazil, Kerins, Wallin, Boyle, Geiger, Porter
Noes: None
Absent: Higgins
The State Planning Act requires that a public hearing
be held by the City Council after which the code
amendment may be adopted by ordinance.
Supporting Information Submitted Herewith:
1. Code Amendment No. 72-31
2. Staff Report
Information to be submitted at the Public Hearing:
1. Staff Comments
Respectfull ubmitted,
K.A. Reynolds , Secretary
KAR:jh
Encl :
1 SECOND DRAFT - STAFF REVIEW
2 May 1 , 1973
3 Proposed Code Amendment No. 72-31
4 May be generally referred to as :
"Conditional Use Permit"
5
That the following changes are proposed to the Huntington Beach
6 Ordinance Code : the intent being to amend Article 984 from a
use permit procedure to a conditional use permit procedure for
7 approval of Planned Residential Developments and Unclassified
Uses . Said changes shall read as follows :
8 - -- - - -- -- -- -- -- -- - - -- -- -- -- -- - - -- -- -- -- -- - - -- ---- - - -- - - - - - - -- --- - -
REPEALED: (none)
g -- -- -- -- -- - - -- -- -- -- - - -- -- -- -- - - -- -- - - - - -- - - - - - - - - - - -- - - -- - - -- - - - -
REWUMBERED : (none)
gO - -- -- -- -- -- - - -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - - - - - - - - - - -- -- -- -- - -- - -
AMENDED:
�1
R1 12 S. 9101. 3 Uses Subject to Cond.itionat Use Permit : The
13 following uses may be permitted subject to the
14 issuance of a Cond.it.ionat Use Permit.
R2 1.5 S. 9161. 3 Uses subject to Con diti,onat Use Permit : The
16 following uses may be permitted subject to the
17 issuance of a Cond.itionat Use Permit.
R3 18 S. 9201. 3 Uses subject to C(Ad.iti0nat Use Permit : The
following uses may be permitted subject to the
20 issuance of a Cond.it.i.onat Use Permit.
R4 21 S . 9231 . 7 Uses subject to Cond.i bona. Use Permit : The
22 following uses may be permitted subject to the
23 issuance of a Cond.iti.onat Use Permit.
.rticle �4 S. 9310 INTENT ARID PURPOSE. In order to promote better
931
25 living environments , this section shall establish
26 basic" Melia-es for approval s conditional approval , or denial of
27 CondaUoae use PQTmits for Planned Residential Developments within
28 certain rarsidantial, disttricts of the City.
Page 1 of 7
72' `'. ; 5/1/73; 2nd
1 It is intended that this Article shall encourage better land
2 planning techniques with maximum use of aesthetically pleasing
3 types of architecture, landscaping, and site layout and design.
4 Certain general planning principles which often characterize
5 Planned Residential Developments and should be of prime con-
s sideration by the Planning Commission include :
7 S. 9310. 1 Conditi.onat Use Permit Required. Planned
8 Residential Developments may be permitted in the
9 R1, R2 , R3 or R4 Districts when a conditionat use permit is first
10 secured for each such development pursuant to Article 984 .
11 S. 9310. 2 Subdivision Map Required. A condition for approval
12 of a Planned Residential Development shall be the
13 recordation of an 'approved subdivision map. A tentative subdivisio
14 map shall be submitted to the Planning Commission as provided by
15 law at the time application is made for a conditionat use permit
16 for the Planned Residential Development. Tentative maps and
17 conditionat use permits filed pursuant to this section may
18 be processed simultaneously.
Article 19 S . 9491 USES PERMITTED. The following uses maybe permitted
949
20 � for a period to be determined by the Planning
21 Commission subject to the approval of a conditional use permit
22 application.
RA 23 S. 9601. 4 Uses Subject to Conditional Use Permit . The
24 following uses may be permited subject to the
25 issuance of a conditional use permit.
Article 26 CONDITIONAL USE PERMITS
984
27 S. 9840 Condit.i.onat Use Permits . Intent and Purpose .
28 Conditional Use Permits , revocable , conditional or valid for a time
Page 2 of 7
49 72-31 , 5/1/73
1 period, may be issued for any of the uses or purposes for which
2
such plans are required or permitted by the terms of the
3 Huntington Beach Ordinance Code.
4 It is the intent and purpose of this article to establish a
5 procedure which will enable the Planning Commission to authorize
6 permitted uses and unclassified uses subject to a conditional
7 use permit to insure the best and most appropriate use of property.
8 as contemplated by the Master Plan of Land Use. It is further
9 intended that such uses shall not be detrimental to the general
10 health, welfare, safety and convenience of the neighborhood or
11 city in general and shall not be detrimental or injurious to the
12 value of property or improvements of the neighborhood or city in
13 general .
14IS. 9841. 1 Filing. Applications for approval of a Conditionat
1.5 Use Permit shall be filed in the office of the
1.6 Planning Department. Said application shall be made by the owner
1.7 of the property or the property owners ' s authorized agent . If
18 the applicant is not the property owner, a letter from the
19 property owner authorizing the agent to act in his behalf shall
20 ) accompany said application.
i
21 S. 9041 . 3 Public Hearing. A public hearing shall be held
by the Planning Commission
22 prior to taking action on any Conditionat Use
23 Permit application after notice of such hearing , as provided
24 in Article 987 of this Code.
25 S. 9841 . 4 Denied by the Planning Commission. The Planning
26 :Commission may deny any application if it finds any
27 one of the following :
28
Page 3 of 7