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HomeMy WebLinkAboutCode Amendment 72-32 - Ordinance 1852 - Unclassified Uses - Affidavit of P 1®catin State of 'California County of Orange ss �r®"` City of Huntington Beach George Farquhar, being duly sworn"on oath, says: That he is a `o- /s' 0 citizen of the United States, over the age of twenty-one years. That he is the printer and publisher of the Huntington Beach News, 'a weekly newspaper of general circulation printed and pub- O 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 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 - (Published Huntington Beach News May of Orange County, California August 27th, 1937 by order No. A-5931. za, 1973) NOTICE OF PUBLIC HEARING That the CODE AMENDMENT NO, 72-32 coax amendment No.. 72-32 NOTICE IS HEREBY GIVEN that,a pub- 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- i Center, Huntington Beach, at the hour of 7:00 P.M., or as soon thereafter as passible, an Monday the 4th day of June; paper at least one Issue 1973, for the "purpose of considering "a proposed Code Amendment, initiated by the City. Planning. Commission, UN- CLASSIFIED USES,"!the intent being to commencing from the24th day of MY establish a"procedure to authorize."certain uses that possess'unique characteristics 19�, and ending on the 24th day of May and special farm as to make impractical .—. their being included automatically with- in any classes of use as set forth in the _various districts. 1923— both days inclusive, and as often during said period and All interested persons are invited to times of publication as said paper was regularly issued and in the attend said -nearing and' express their , "opinions for or against said Cade Amend>" regular and entire issue of said pewspaper proper, and not in a ment. Further information may be ob=; supplement, and said notice was published therein on the following tained from the Office of the city Clerk' dates, to-wit: DATED: May 21,,1973." CITY OF HUNTINGTON BEACH Mav 24. 1973 By: ALICIA M..WENTWORTH; City Clerk' APPROVED By CITY CO( NC Ablisher Subscribed and sworn to before me this 2 5 t day of _ Ma..y 1923L. Notary Public — n Orange County, California THOMAS D. WYLUE Notary Public-California ©range County My Commission Expirels Saptember 12, 1974 6 `h ; 72-32 ; 5,11.5/73 R3 1 Sec. 9201. 3. 2 Unclassified uses as set forth by Article 933 , �,.. 2 Section 9331. R4 $ Sec. 9231. 3. 2 Unclassified uses as set forth, by Article 933 , 4 Section 9331 . C2 5 SSc. 9430 . 8 Uses subject to Conditional Use Permit : 6 The following uses may be permitted subject 7 to the issuance of a conditional use permit.. 8 Sec. 9430 . 8 : 1 Unclassified uses as set forth by Article 933 . 9 C3 10 Sec. 9455 Uses subject to Conditional Us,e. Permit : 11 The following uses may be permitted subject 12 to the issuance of a conditional use permit . C3. 13 Sec.-_9455. 1 Unclassified uses as set forth by Article 933 . 14 C4 15 Sec. 9472 . 2 Uses subject to Conditional Use Permit : 16. The following uses may be permitted subject 17 to the issuance of a conditional use permit. C4 18 Sec. 9472 . 2 .1 Unclassified uses as set forth by Artitle 933. M1-A 19 Sec. 9511. 2 Uses subject, to Conditional Use Permit : 20 The following uses may be permitted subject 21 to the issuance of a conditional use permit. MI-A 22 Sec. 9511. 2 . 1 Unclassified .uses as set forth by Article 933. MI '23 Sec _9530..a4 Uses subject to Conditionai ' Use Permit : 24 The .following uses may be permitted subject 25 to the issuance. of a conditional use permit . Ml 26 Sec. 9530 . 4.1 Unclassified uses as set forth by Article 933 . RA 27 Sec. 9601. 5 Uses Subject to Conditional Use Permit . The following 28 onditional uses may be permitted subject to the issuance of a c 2 use permit.. RA Sec. 9601 ..5 . 1 Unclassified uses as set forth by Article 3. page 2 of 6 6th; 72- 32 ; 5/15/73 1 Article 933 2 UNCLASSIFIED. USES 3 S . 9330 . INTENT AND PURPOSE : it is the intent of this 4 Article to establish a procedure to enable the Planning 5 Commission to authorize certain uses that possess characteristic 6 of such unique and special form as to make impractical their 7 being included automatically within any classes of use as set 8 forth. in the various districts . It is further intended that 9 approval of location and operation thereof shall be 10 subject to a conditional use permit , provided, 11 however , that a conditional use permit may not be granted for 12 a use within any district in which such use is specifically 13 excluded by the provisions contained therein. 14 15 A public hearing shall be held on any conditional ,use permit 16 application to determine whether characteristics of the proposed 17 use is compatible with existing uses in surrounding areas and 18 is not obnoxious to surrounding property. Additional conditions l9 may be imposed on the conditional use permit as may be necessary 20 to protect the health, safety and general welfard of the 21. surrounding neighborhood. Conditional use permits shall be 22 processed as set forth in Article 984. 93 S. 9331 Unclassified Uses Subiect to .a Condition.a2 'IJse, Permit . 24 25 A conditional use permit may be $ranted in all zones 'except in the Miscellaneous Districts Al . SP-i and S1 for the 26 27 following unclassified uses : Page 3 of 6 6th; 12-32; . 5/15/73 1. Parking Lots . (Conform to Article 979 . ) _ x 2 2 . Churches . (Ten percent of the parking area shall be 3 landscaped and permanently maintained. ) 4 3. Colleges , universities , private schools , elementary 5 and secondary public schools. (Ten percent of the 6 parking area shall be landscaped and permanently 7 maintained. ) $ 4. Day-care centers and day ,nurseries , provided that ; 9 a. An outdoor play area of 175 sq. ft. per child 10 shall be provided. Such play area shall be kept 11 in grass and fully enclosed with a 6 ft . high 12 fence . Any gate area used for access to the play 13 area shall be securely fastened or said area shall 14 be supervised at all times . 15 b . Thirty-five sq. ft . of play area shall be provided 16 within the building for each child, 17 C. Ten percent of the parking area shall be landscaped. 18' 5 . Public utility substations that do not exceed one acre 19 in total net area. (Excluding switchyard) . 20 6 . Private recreation areas and/or uses for the exclusive 21 use by homeowners of a subdivision. 22 7. Rooming and/or boarding houses . (Shall not be allowed 23 within single family homes or low density areas . 24 8. Horticulture . 25 S. 9332 Unclassified Uses Subject to a Conditional Use Permit 26 A conditional use permit may be granted in all zones except 27 the residential zones and Miscellaneous Districts, Al , SP- 1 and Sl 28 for the following unclassified uses : 4 of 6 6th.; 72-32 ; 5/ 15/7.3 1 . Public and quasi-publics uses such as private clubs 1 or lodges , rest homes , sanitoriums , convalescent 2 hospitals and hospitals . 3 2 . Airports (general aviation stage one (1) ). 4 3. Helip.orts . 5 4 . Amusement enterprises . 6 5 .' Transportation terminals. 7 6 . Commercial horse stables pursuant to all provisions 8 of Article 949. 9 7. Driving range (golf) . 10 8. Kennels , animal hospitals or clinics. 11 9. Miniature golf courses , 12 10 . Museums , 13 11. Open air and/or drive—in theaters; 14 15 12 . Commercial recreation uses and/or centers (ezcluding those uses in _Article 969) . 16 13. Radio or television transmitters. 17 14 . Recreational Vehicle Parks . Subject -to locaiional 3.8 criteria as adopted by resolution of the Planning 19 Commission. 20 15 . Post Offices 21 S. 9335. Development Standards .' Base district develop'mant 22 standards shall be complied with, provided further, the 23 Planning Commission pursuant to Article 984 , may impose more 24 restrictive requirements. 25 , 2. 2�1 I 5 of 6 th; 72- 32; 5/15/73 t .ARTICLE 970 1 EFINITIONS: DEFINITIONS 2 1 . Commercial recreation use and/or center shall mean recreation 8 facilities operated as a business and open to the general publi 4 for a fee . 6 Z . Private club or lodge shall mear, any facility or meeting place 6 of an organization requiring bonafide membership . 7 3. Recreational vehicle Shall mean a vehicle which is designed or . 8 used for temporary human habitation and .for travel or ,recreatio - al purposes including but not .limited to motorhome , camper , 10 travel trailer, camp car or tens: trailer. • 11 Recreational vehicle park shall mean an improved area where 12 spaces or lots are rented to accommodate re'creation-al-vehicles . 18 S . Horticultural shall mean cultivation or art of growing fruits , 14 vegetables , mushrooms ; ornamental plants , and nursery plants . 17 U 19 20 22 28 24 26 26 27 28 Page 6 of 6 *y ®f Huntington lied It County of ®range State of California Jf fadavitof Publication of GEORGE FARQUHAR Publisher Huntington Beach News Filed Clerk By Deputy Clerk PUIb Y ie h ..�... Postcards o NOTICE OF PUBLIC HEARING j Code Amendment No. 72-32 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 the c,r® day of 19_Z_3 , for "the purpose of considering a proposed Code Amendment, initiated by the City Planning Commission, "UNCLASSIFIED USES;' the intent being to establish'a procedure to authorize certain uses that possess unique characteristics and special form as to make impractical their being included automatically within any classes of use as set forth in the various districts. { y � „ All interested persona are invited to attend said hearing and express their opinions : for or against said Cade Amendm nt Further information may be obtained from the Office of the City Clerk. DATED: May 21,; -1.2Z CITY OF- HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk, f , I City Clerk City of Huntington BeachC The Huntington Beach Planning Commission, at their regular/&dj:o>rrne-d meeting held /f// al/� recommended 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 expirred. 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, ael=a=l-f��t of=owners=off proper_t-y—wi_than-300=f---a.et—Qt=the_s.u.bj-ec-- -reap will be submitted upon your request. The applicant in this matter is (Address) (/// it L� / //ter p a (Telephone) Kenneth R. Reynolds, Planning Director None Numbei f Excerpts Publish Once LEGAL NOTICE ITOTICE OF PUBLIC HEARING CODS MENDKM No. 72-32 ITOTICE IS 1SREB.Y GIST that a public .hearing will be held by, the City Planning Co fission of the City of Huntington Beach for the urpose of .�osideri . .� lPro�osed Code Amendment e "UNCLASSIFIED USES ..The i.It m`nt . t*ina to establish a procedure to authorize caettin uono thQt pomse sa-..tirdoue characteristics and spacial .farm 'Aq tad msht,i `AWractical their being included automatically within. any r-Useas of u ae .a@::set -forth in the various districts.. 7000 laid hearing ,will be, held at the hour of P.M. 9 �,n May 19 1973 9 in the Council Chamber of the Civic Center, -:pan ti.ngton Beach, Califomia9 on 5•th Street between Main Street sad. Orange, Avenue- All interested persons aro invited to attend sai( hearing and express -their opinions. for or against the proposed Code pdmant k'u h6r -informati on way be obttained from the City Pl.anni.aig De.partmeyi:t o To 1�t'honea No. g 6-3271 I)A'rtD t2ii:s 19th y (If April , 1973 CITY PLANATING COMMISSION By K.A. Reynolds Secretary WHITE-CITY ATTORNEY TY CLERK BLUE-C F"a CITY OF HUNTINGTON BEACH No. I GREEN-CITY ADMINISTRATOR CANARY-DEPARTMENTAL uua*wr,ra+aucH REQUEST for ORDINANCE or RESOLUTION Date Request made by Department May 29, 1973 K.A. Reynolds 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 r lin n e or Resolution is hereby requested: Code Amendment No. 72-32 Attached Herewith: 1. Code Amendment No. 72.32 2. Staff Report Desired effective date Signed: j Approved as to availability of funds June 4, 1973 /,1 Director of Finance City Attorney—Please p epar and submit printed c ies o this office by: ' City Administrator Y�C i O �d P.O. SOX 990 CALIFORNIA 92648 TO : Honorable Mayor and City Council FROM: Planning Commission DATE : May 24 , 1973 RE : CODE AMENDMENT N0 . 72- 32 Code Amendment No . 72- 32 will establish a procedure whereby certain uses that possess unique characteristics (churches , day care centers , horticulture , museums , recreational vehicle parks and other uses) will be allowed in various districts subject to a conditional use permit . Sections 9331 and 9332 have been amended to specify the zones in which unclassified uses may be considered by the Planning Commission. Also Article 933 is amended to include all development standards of the base districts and allow more restrictive requirements to be imposed pursuant to Article 984 . The Planning Commission held a public hearing on May 1 , 1973 . Mr. Bob Pittinger addressed the Commission speaking in favor of the proposed amendment. Mr. Jerry Shea, Huntington Beach Co . , stated that he generally favored the proposed amendment and that it appeared to be a housekeeping type of ordinance . He noted that golf courses were excluded as a desired use in residential zones and asked why . He referred' to Code Amendment No. 73-6 , Recreational Open Space District , and suggested the uses permitted in residential districts by Code Amendment No . 73-6 also be included under Code Amend- ment No . 73- 32 . He stated that one ,ordinance should cover all unclassified uses . Mr. Hart addressed the Commission concerning its affect on the golf driving range he operates within the city. The proposed amendment was approved by the following vote : Ayes : Geiger, Kerins , Porter , Bazil , Wallin, Boyle Noes : None Absent : Higgins The State Planning Act requires a public hearing be held by the City Council after which the Code Amendment may be adopted by Ordinance . Code Amendment No. 72-32 May 24 , 1973 Page 2 Supporting Information Submitted Herewith: 1 . Code Amendment No . 72-32 2 . Staff Report Information to be submitted at the Public Hearing : 1 . Staff Comments Respectfully submitted , Z. �.., _. K. A. Reynold , Secretary ' 6tb' 72- 32 ; 5/15 /73 1 SIXTH DRAFT 2 May 15 , 1973 3 Code Amendment No. 72- 32 4 May be generally referred to as : "Unclassified Uses" 5 That. the following changes are proposed to the Huntington g Beach Ordinance Code : The intent being to establish a procedure to authorize certain uses that possess unique characteristics 7 and special form as to make impractical their being included automatically within any classes of use as set forth in the 8 various districts . Said changes shall read as follows: -- - -- - - - - -- - - - - - - -- - - - - - - - - -- - ---- - - - - - - - - - - - - - - -- - - - - - - - - - - -- - 9 REPEALED: R1 10 Sec. 9101. 3. 2, 9101. 3. 2 . 1 , 9101 . 3. 3 , 9101. 3. 4 , 9101 . 3. 5 9101. 3. 5 . 1 11 R2 Sec. 9161. 3. 2 , 9161. 3. 2 . 1 , 9161. 3. 3 , 9161 . 3. 4, 9161 . 3 . 5 12 9161 . 3. 5. 1 R3 13, Sec. 9201 . 3. 2 , 9201 . 3. 2 . 1 ,. 9201. 3. 3 , 9,201 . 3. 4, 9201 . 3 . 5 , 9201. 3. 5 . 1 , 9201. 3. 6 , 9201 . 3. 6 . 1 14 R4 Sec. 9231. 21, 9231. 2 . 1 , 9231 . 3 , 9231 . 3 . 1 , 9231 . 4 , 9231 . 5 , 15 9231 . 5. 1 R5 16 Sec. 9404. 4 , 9464. 5 , 9402 C3 17 Sec. 945.6c , 9456c(1) , 9456c(.2) , 9456c(2).(a) and 9456c (2) (b) 18 C4 -Sec. 9471 . 33, 9471 . 3(a) , 9471 . 3(b) , 9471. 3(c) , 9475 19 - -- - - - - - - -- - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - = - - - - - - - - - - - - - 7 - - RENUMBERED: (none) 20 -- - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - AMENDED: R5 21 Sec. 9402 Uses subject to Conditional Use Permit : 22 _ The following uses may be permitted subject to 23 the issuance of a conditional use permit. R5 24 Sec. 940.2. 1 Unclassified uses as set forth by Article 933. - - - - - - - -- - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - 25 ADDED: R1 26 Sec. 9101 . 3 . 2 Unclassified uses as set forth by Article 933 ,. 27 Section 9331. R2 28 Sec. 9161. 3. 2 Unclassified uses as set forth by Article 933 , Section 9331 . f Page 1 of 6 VS%A TO: AWNING COMMISSION FROM: rlanning Department `CODE AMENDMENT NO. 72-32 DATE : May 1 , 1973 PURPOSE : To establish a procedure to authorize certain uses that possess unique characteristics and special form as to make impractical their being included automatically within any classes of use as set forth in the various districts . Code Amendment No. 72-32 Unclassified Uses was approved April 10, 1973 and set for this public hearing. Sections 9331 and 9332 have been ameded to specify the zones in which unclassified uses may be considered by the Planning Commission. Also Article 933 is amended to include all development standards of th6 base districts and allow more restrictive requirements to be imposed pursuant. to Article 984. Staff recommends approval of Unclassified Uses in conjunction with the Conditional Use Permit code amendment .