HomeMy WebLinkAboutCode Amendment 71-12 - Ordinance 1786 - Article 973 - Miscel Page #5 - Council Minutes - 11/20/72
The City Attorney read the communication he had prepared regarding the procedure
which should be followed by Council relative to the issuance of Cease and Desist
Orders on construction of projects for which permits have been issued and where an
Exemption Declaration or Environmental Impact Report has not been approved.
Mayor Coen announced that the Council hearing on this matter would be held later
in the meeting.
RESOLUTIONS
On motion by Green, Council directed the Clerk to read Resolution Nos. 3598, 3599, and
3600 by title, waived further reading and adopted same by the following roll call
vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
RES. NO. 3598 - ADOPTED - REVISION OF CITY FUND APPROPRIATIONS - FISCAL YEAR 1971-72
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE RE- .
VISION OF CITY FUND APPROPRIATIONS FOR THE FISCAL YEAR 1971-1972.11.
RES. NO. 3599 - ADOPTED - CHANGE OF STREET NAME - WOODRIDGE DRIVE TO GLEN DRIVE
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR
CHANGE OF STREET NAME FROM WOODRIDGE DRIVE TO GLEN DRIVE."
RES. NO. 3600 - ADOPTED - APPROVES PROPOSED FEDERAL AID URBAN STREET SYSTEM
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RUNTINGTON BEACH APPROVING THE PRO-
POSED FEDERAL AID URBAN STREET SYSTEM FOR THE AUNTINGTON BEACH-ORANGE COUNTY URBAN-
IZED AREA PORTION OF THE LOS ANGELES-LONG BEACH METROPOLITAN AREA."
ORDINANCES FOR ADOPTION
On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 1786, 1788
and 1790 by title; waived further reading and adopted same by the following roll
call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
ORD. NO, 1786 - ADOPTED - "MISCELLANEOUS PROVISIONS"
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH. AMENDING THE HUNTINGTON BEACH ORDI-
NANCE CODE BY REPEALING ARTICLE 973 IN ITS ENTIRETY AND ADDING NEW ARTICLE 973 ENTITLED
"MISCELLANEOUS PROVISIONS."
ORD. NO. 1788 - ADOPTED - DISPOSAL OF REFUSE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY REPEALING ARTICLES 311, 321, 322, 323, 324 AND 326, AND ADDING THERETO NEW
ARTICLE 311 PERTAINING TO TRANSPORTATION, STORAGE, COLLECTION AND DISPOSAL OF REFUSE.."
may..
` 8
Southern California Edison Company
P. O. BOX ill
HUNTINGTON BEACH, CALIFORNIA 92648
P. W. RICHARDSON
DISTRICT MANAGER July 28, 1971
The Honorable City Council
City of Huntington Beach
P. 0. Box 190
Huntington Beach, Calif. 92648
Gentlemen:
We have been privileged to review the draft of the Proposed
Code Amendment 71-12. We respectfully request that the words
"up to a height of 40 feet" (on lines 26 and 27) in paragraph
S.9730.1 be deleted.
The height of transmission towers is covered by State law. High
voltage electric conductors are required to be maintained a cer-
tain minimum clearance above ground. These clearances govern
the height of transmission towers and in all cases they will
exceed 40 feet.
Respectfully submitted,
Robert P. Burbank, Manager
Huntington Beach
RPB:imr
2--Y-
19 October 1972
TO: City Council
FROM: City Attorney
SUBJECT : Code Amendment No . 71-12
Miscellaneous Provisions
Subject code amendment was presented to the Council
for first reading on October 16, 1972 at which time
it was found that the section providing for dedica-
tion of right of way for oil sites had been inad-
vertently omitted. Such section has been inserted
as Section 9730 . 5, and all subsequent sections have
been renumbered accordingly . Pursuant to Section
511 of the city Charter, Code Amendment No . 71-12
is presented again for first reading.
Respectfully submitted,
s
DON P . BONFA
City Attorney
DPB :WM: ahb
Attachment
(Corrected ,June 1, 1971.)
FIFTH DRAFT - STAFF REVIEW
PROPOSED CODE AMENDMENT 71-12
May 189 1971
That the following changes are Proposed to the Huntington Beach Ordinance
Code: The intent being to reorganize ARTICLF 973, Miscellaneous, for better
readability, and to change a number of provisions in the following manner:
1) delete fire station and radio towers and add rooftop mechanical equipment
6 to the height limitation, 2) Exemption of City Buildings from Division 9,
3) fireworks stands subject to Administrative Review, 4) et cetera. Said
7 changes shall read as follows:
8 REPEALED: Article 973
9 RENUMBERED: - - - -
J,® A-MENDED: - - - -
1 ADDED:
22 ARTICLE 973
23 MISCELLANEOUS PROVISIONS
:L4 S. 9730 Miscellaneous Provisions for ALL :.AND USES.
15 S. 9731 Miscellaneous Provisions for RESIDENTIAL USES.
16 9732 Miscellaneous Provisions for COMMERCIAL, PROFESSIONAL
17 AND INDUSTRIAL USES.
18 S. 9730 'MISCELLANEOUS PROVISIONS FOR ALL LAND USES:
19 S. 9730.1 Height Limitations - Exceptions: Height Limitations as
20 specified in each district shall not be deemed to regulate
21 the height of chimneys, cooling towers, flagpoles, scenery lofts, water tanks,
22 ornamental towers, spires, domes, cupolas, oil well derricks, parapet walls
23 not exceeding four feet (4' ) in height, rooftop mechanical equipment, public
24 utility facilities, structures and necessary mechanical appurtenances such as
25 boiler frame work, turbines and generators and related mechanical appurten-
26 antes as well as an exception for transmission towers up to a height of 40
27 feet, or other similar appurtenances not designed for habitation.
28 (495,517)
29 S. 9730.2 Exempted Uses: The limitations of Division 9 shall not be
30 deemed to prohibit within any district the following uses;
31 except the following wherein community facilities and civic district (s)
32 are subject to action, by the Design Review Board:
-1-
I So 9730.2.1 City Buildings: Public buildings owned by the City and
2 the customary uses of such buildings. (495, 517)
3 So 9730.2.2 Schools.- Public Schools, including usual and customary
4 facilities in connection therewith. (495, 517)
rD So 9730.2.3 Parks: Public parks including recreation, storage and
6 service buildings appurtenant to said park and used in
7 connection therewitho
3 So 9730.2.4 Concessions% Commercial enterprises, concessions or
9 amusements operated for gain which are incidental to a
10 parka (495, 517, 596)
11 So 9730.3 Right-of-Way Dedication For All Uses Abutting On
n Any Highway, Street or Alley.
28 So 9730.3.1 Street Dedication: Prior to issuance of a building permit,
JA or prior to the use of land for any purpose, the highway,
15 street, or alley, right-of-way shall be dedicated to or vested in the City
16 of Huntington Beach, except the followings
17 A. Agricultural uses; except: street dedication shall be
18 where the agricultural use is of an industrial nature or
19 where processing is a major portion of the operationo
20 Bo Interior alterations that do not exceed one-third (1/3)
21 the value of a building for any use, provided that said
22 alteration does not change the occupancy of the building
23 as defined by the Uniform Building Code;
24
?z Co Exterior alterations or additions for a residential use
26 that do not exceed one-third (1/3) value of a building as
27 defined by the Uniform Building Code and does not add any
28 additional residential units;
29
30 D. Fences and walls;
31
32 Ea Any structures not exceeding forty-two inches in height.
20
I F. Temporary uses as described .in this Article (S.9730.6,
2 et sequentia).
3 S. 9730.3.2 Dedication Determinants: Right-of-way dedication shall be to
4 a width determined by either of the following, whichever is
6 greater:
6 A. The current Master Plan of Arterial Streets and Highways.
7 B. An approved precise plan of street, highway or alley
8 alignment.
9 C. Department of Public Works Standards or requirements.
20 S. 9730.4 Installation of Improvements for Any Use Abutting
11 Highway, Street or Alley: No Certificate of Occupancy shall
12 be issued by the Building Department until:
I.3 S. 9730.4.1 Dedication Secured: The abutting highway, street, or alley
14 right-of-way has been improved to the centerline of such
15 right-of-way. Said improvements shall include curbs, gutters, sidewalks,
16 paving, street trees, street lights, street signs, street drainage and
17 sewer and water main extensions in full compliance with the City of Hunt-
18 ington Beach Street Standards and Requirements.
19 S. 9730.4.2 Exceptions:
20 A. Where a detached single family dwelling is constructed
21 on a lot abutting an arterial highway, street improvements
22 on said arterial highway shall include curb, gutter,
sidewalk, street trees and street lights, sewer and water
24 main extensions, and ten (10) feet of street paving to
25 Department of Public Works requirements. Further, temporary
26 paving shall be installed to join existing street improve-
27 ments. This requirement shall not apply to homes con-
28 structed as a part of a subdivision in which case the
29 requirements of the subdivision ordinance shall apply.
30 B. Where practical difficulties arise, a request may be made
31 to the Director of Public Works, requesting permission to
32 install improvements at a later date. The request, stating
3.
I reasons, shall be in writing. If, in the opinion of the
2 Director of Public Works, a practical difficulty does
8 exist, he may approve the request provided:
4 1) An agreement is entered into with the City agreeing to
5 install said improvements on a certain date.
6 2) Said agreement shall be secured by a good and sufficient
7 bond or cash deposit, unless waived or otherwise
8 directed by the City Council.
9 3) Said bond or cash deposit shall be in an amount equal
20 to the cost of improvements estimated by the Director
11 of Public Works.
12 S. 9730.5 Encroaching Doors or Gates: Every private garage, gate
23 or portion of a main building used for garage purposes
14 shall be so equipped that the doors when open or being opened will not
15 project beyond any lot line and when said doors open onto an alley, the
16 wall or portion thereof containing said doors or doorways shall be at least
17 five (5) feet from the line forming the common boundary between said lot
18 and the alley. (495, 517)
19 S. 9730.6 Underground Public Utility Facilities: All new public
M and private utility lines and distribution facilities in®
21 cluding, but not limited to, electric, communications, street lighting, and
22 cable television lines shall be installed underground- except as provided
23 in subsections S. 9730.6.1 and S. 9730.6.2. Further clarification of the
24 intent of these provisions shall be subject to Administrative Review by
25 The Board of Zoning Adjustments. (1283, 13269 1351)
26 S. 9730.6.1 Undergrounding of Utilities: Underground utilities need
27 not be installed in the following instance: Equipment
28 appurtenant to underground facilities, such as surface mounted transformers,
29 pedestal mounted terminal boxes, meter cabinets, and concealed ducts in an
30 underground system.
31 S. 9730.6.2 Undergrounding Determinants: In the following instances,
32 unless covered in subsection S. 9730.6.1, the necessity
4.
y
Page #9 - Council Minutes - 1116172
ORD. NO. 1785 - -ADOPTED - ZONE CHANGE NO. 72-27
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTTNGTON BEACH ORDI-
NANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON
REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF ELLIS AVENUE AND NEWLAND STREET
(ZONE CHANGE NO. 72-27)."
ORD. NO. 1787 -.ADOPTED - OFF-STREET PARKING MUIREMENTS
"AN ORDINANCE OF THE, CITY OF HUNTINGTON BEACH AMENDING THE WJNTINGTON BEACH ORDI-
NANCE CODE BY REPEALING SECTIONS 9791.1 THROUGH 9791.9, AND SECTION 9792.2.1; BY
AMENDING SECTIONS 9791, 9792.4 AND 9792.7, ESTABLISHINiG STANDARDS FOR OFF-STREET
PARKING AREAS."
ORDINANCES FOR INTRODUCTION
The City Attorney stated that, pursuant to Council request, he had prepared an
opinion relative to Ordinance No. 1788 as to whether Council is mandated to award
the bid for refuse collection to the lowest bidder. He informed Council that
1 refuse collection contracts need not be advertised for bid; however, if Council
believes that the bid requirement benefits the city, there is nothing inappropriate
or illegal in letting it stand.
On motion by Bartlett, Council directed the Clerk to read Ordinance No. 1786 and
1788 by title and waived further reading by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Done
ORD. NO. 1786 - FIRST READING - '%ISCELLANSOUS PROVISIONS"
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI-
NANCE CODE BY REPEALING ARTICLE 973 IN ITS ENTIRETY AND ADDING NEW ARTICLE 973 EN-
TITLED, 'VaSCELLMOUS PROVISIONS."
ORD. -NO. 1788 -FIRST READING - DISPOSAL OF REFUSE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI-
NANCE CODE BY REPEALING ARTICLES 311, 321, 322, 323, 324, AND 326, AND ADDING
THERETO NEW ARTICLE 311 PERTAINING TO TRANSPORTATION, STORAGE, COLLECTION AND
DISPOSAL OF REFUSE."
CODE AMi VENT NO. 72-17 - APPROVED - ORD. NO. 1790 - FIRST READING
The Clerk presented Code Amendment No. 72-17 initiated by the Planning Coamission,,
on which a public hearing had been held on October 2, 1972, and Council decision
deferred to this date. Code Amendment No. 72-17 proposes to ameend Article 976 -
Sign Code - by amending those sections governing sign height within the'R3, Cl,'
C2, C3, C4 and Industrial Distriets, and establishing a twenty-five 1251 foot
height limit for freestanding signs. Also amends Section 9762.4 to prohibit flashing,
moving and rotating signs.
Discussion was held by Council on the proposed Code Amiendment.
E 4,
Page #9 - Council Minutes - 1.0/16/72
ORDINANCES FOR INTRODUCTION
The Clerk informed Council of a correction in Section 9730 of Ordinance No. 1786.
On motion by Gibbs, Council directed the Clerk to read Ordinance Nos. 1782, 1784,
1786 as amended, and 1787 by title and waived further reading by the following
roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
ORD. NO. 1782 - FIRST READING - ZONING REGULATIONS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY REPEALING SECTIONS 9051.1.1, 9051.2, 9051.2.1, 9051.3, 9051.4 AND 9870.3,
AND ADDING THERETO SECTION 9802 PERTAINING TO ZONING REGULATIONS."
ORD. NO. 1784 - FIRST READING - LICENSING & OPERATION OF BICYCLES
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY REPEALING SECTIONS 6102, 6102.1, 6103, 6104, CHAPTER 67, ARTICLE 733, AND
AMENDING SECTIONS 6115, 7525.3 AND 7341.1; AND ADDING THERETO NEW CHAPTER 67 PER-
TAINING TO THE LICENSING AND OPERATION OF BICYCLES IN SAID CITY.?
ORD. NO. 1786 - FIRST READING - ADDS NEW ARTICLE 973 - MISCELLANEOUS PROVISIONS
7� "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY REPEALING ARTICLE 973 IN ITS ENTIRETY AND ADDING NEW ARTICLE 973 ENTITLED,
"MISCELLANEOUS PROVISIONS."
ORD._ NO. 1787 - FIRST READING - OFF-STREET TARRING REQUIREkENTS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY REPEALING SECTIONS 9791.1 THROUGH 9791.4, SECTIONS 9791.6 THROUGH 9791.9,
AND SECTION 9792.4.1; BY AMENDING SECTIONS 9791, 9791.5, 9792.4 AND 9792.7, ESTAB-
LISHING STANDARDS FOR OFF-STREET PARKING AREAS." .
ORDINANCE NO. 1788 - DISPOSAL OF REFUSE - FIRST READING DEFERRED TO 11/6/72
The Clerk presented Ordinance No. 1788 for a first reading by title - "AN ORDINANCE
OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
REPEALING ARTICLES 311, 321, 322, 323, 324, AND 326, AND ADDING THERETO NEW ARTICLE
311 PERTAINING TO TRANSPORTATION, STORAGE, COLLECTION AND DISPOSAL OF REFUSE."
Mayor Coen questioned the wording of the proposed ordinance, stating that it is
important that it not be interpreted that Council is mandated to award the bid Co
the lowest bidder, as this could conceivably be detrimental to the community.
Discussion was held by Council and the City Administrator recommended that the first
reading of the ordinance be deferred to allow staff an opportunity to study the
matter further.
Mayor Coen directed that consideration of proposed Ordinance No. 1788 be continued
to the meeting of November 6, 1972.
Affidavit of Plication
.rate of California
County of Orange ss
City Huntington Beach )))
rge 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
News, a weekly newspaper of general circulation printed and pub- (J
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 Ti
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 News 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 June
17, 1971.
That the CODE AMENDMENT NO, 71-12 NOTICE OF PUBLIC HEARING
CODE AMENDMENT No. 71.12
NOTICE IS HEREBY GIVEN that'a pub-
lic hearing will be held by the City
Council of the City of Huntington Beach,
of which the annexed is a printed copy, was published in said news- in the Council Chamber 'of the Civic
Center, Huntington Beach, at the hour
of 7:30 P.M., or as soon thereafter as
paper at least One issue possible, on Tuesday the 6th day of
July, 1971, for the purpose of considering
a proposed amendment tb the Hunting-
commencingfrom the 17th da of June ton Beach Ordinance Code to restructure
Y ,and modify :Article 973, Miscellaneous
Provisions. Restructuring has been to
divide this Article into three main sec-
19 71 . and ending on the 17 th day of June tions; All rand uses, Residential Uses
and Commercial,_Professional-and Indus-
trial Uses. Modifications .were to the
19 71- , both days inclusive, and as often during said period and Height Limitations, Exempted uses,
times of publication as said paper was regularly issued, and in the improve way Dedications, Installation of
b'u Y Improvements, Underground Utilities,
regular and entire issue of said newspaper proper, and not in a Screening of Rooftop Mechanical Fea<
supplement, and said notice was published therein on the following tares, Temporary Uses, and Wall Require-
ments for Professional, Commercial and -
' Industrial Uses.
June 17, 1971 All interested persons are invited to
attend said hearing and express their
opinions for or against said Code Amend-
ment.
Further information may be obtained
from the Office of the City Clerk.
J DATED: 6/15/71
l ��1_tJ7 r:t3._ T GC-t°`ld7t i�Jir� CITY OF HUNTINGTON BEACH
By: Paul C. Jones
/Publisher City Gierk
Subscribed and sworn to before me this 187Gh day of !�
June ,19ZI_. _
�✓��y� �� •�✓ �s`rf� �' Notary Pubhc gR�DYED BY CITY GOLI GB
E
Orange County, California
_ -3--•x�1�'- 4- I
THOMAS D. WYLLIE
Notary�a ®< y Public-California _ CITY GLER}X
* Orange County —
,�x�; My Commission Expires
"< ;`r Sepfem.ber 12, 1974
on leach of Huntingt
County of ®range `
State of California
Jf fidavitof Publication
of GEORGE FARQUHAR
Publisher Huntington Beach News
Filed
Clerk
By
Deputy Clerk
�e
Hunfington Beach Naflo j C OMWSSW
P.O. SOX 990 CALIFORNIA 92648
July 6, 1971
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: Planning Commission
RE: Code Amendment No. 71-12 - MISCELLANEOUS PROVISIONS
ARTICLE 973
ATTN: Doyle Miller, City Administrator
Paul Jones, City Clerk
Gentlemen:
Transmitted herewith is a copy of Code Amendment No. 71-12.
Said amendment proposes to restructure and modify Article
973, Miscellaneous Provisions. Restructuring has been to
divide this Article into three main sections; all Land Uses,
Residential Uses, and Commercial, Professional and Industrial
Uses. Modifications were to the Height Limitations, Exempted
Uses, Right-of-Way Dedication, Installation of Improvements,
Underground Utilities, Screening of Rooftop Mechanical Features,
Temporary Uses, and Wall Requirements for Professional, Com-
mercial and Industrial Uses.
The Planning Commission at their June 1, 1971 meeting unani-
mously approved Code Amendment No. 71-12 and recommends
adoption 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.
Respectfully submitted,
K.A. Reynolds
Secretary
KAR:vm
Encl:
1
PUBis,t' HEARING SET
Publish 6/1.7/71
FOR:... ....... ...........
Ze. . Postcards none
.......... IV.Zz ............................
NOTICE OF PUBLIC HEARING
7
CODE AKWMENT No. 71-12 16
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
7.30 P.M. , or as soon thereafter as possible, on Tuesday
the 6th day of July 19 71, for the purpose of
considering a proposed amendment to the Huntington teach Ordinance
Code to restructure and modify Article 973, Miscellaneous Provisions.
Restructuring has been to divide this Article into three main sections;
All Land Uses, Residential Uses and Commercial, Professional .and
Industrial Uses. Modifications were to the Height Limitations;
Exempted Uses, Right-of-Way Dedication, Installation of Improvements,
Underground Utilities, Screening of Rooftop Mechanical Features,
Temporary Uses, and Wall Requirements for Professional, Commercial
and industrial Uses.
J
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: 6/15/71 CITY OF- HUNTINGTON BEACH
By: Paul C . Jones
City Clerk
City Clerk
City of Huntington Beach
The Huntington Beach Planning Commission, at their regular/adj�Ourrffa
meeting held d Q Q , recommended
of
If approval has been recommended, the City Council will be required
to hold a public hearing in this matter , and it will be transmitted
to you prior to the next regular meeting of the Council A copy of
the Planning Department legal notice, a� =�1 sto _ rs—off} r
evty=ud=t-h+rr 3-D6—f= v— —oSf_Uhe—sa:�--bj- -t=�= is attached hereto.
The applicant in this matter is ,
(Address) (Telephone)
Kenneth R. Reynolds ,
Planning Dire-4- r
O
r .
w�=
w `
• Number of Excerpts 0
Publish Once
LEGAL NOTICE
NOTICE O'.P PUBLIC FEARING
CODE —IEND''ENT NO. 71-12
NOTICE IS 1IERE13Y GIVE�d th-3t � public hearing will be held
by the City Planning Commis,-,ion )f the City of Huntington
Beach .for the uroose of considering
g a r,rnnnc,�cl r,_„� amr�y,rin;r�nt
Said antelidinent proposes to restructure and modify -article 973 ,
,Miscellaneous 11rovisions . Restriicturinr, has been to divide this
Article into three i; ain sections All Land Uses , Residential
Uses , and Comriercial , Professional and Industrial 'Uses . �fodi-
fi.cations were to the sleight Limitations , Exer:,,rated Uses , :i Tint-of-
I,day vedication, Installation of L'tiprove:rents , under *rounds Utilities ,
Screening of, "ooftop : Ceclunical Features , 1'e,,iiporary 'ises , and °='all
;eOUirc;,; ents for s'rofessional , Co!nir ercial and Industrial uses .
Said hearing will be held at th(, hour of 7 : 00
on June 1 . 1971 , in the Council Chamber of the Civic Center,
Huntington Beach, California, on 5th Street between Main Street
and Orange Avenue.
All interested persons are invited to attend said hearing
and expr,.s their opinions for or against the proposed code
a«nendment
Further information may be obtained from the City
Planning Department.
Telephone No 536--5271
DATED this 20th day of May , 1971
CITY PLANNING COMMISSION
�Y
i'eyno leis
Secretary
I of installing underground utilities shall be determined by the Board of
2 Zoning Adjustments in which case an application for Administrative Review
3 shall be filed with the City stating why overhead utilities should be
4 permitted.
5 A. Remodeling or altering of a building or structure.
6 B. Enlarging an existing use.
7 C. Temporary uses, including directional signs, temporary
8 stands, construction poles, water pumps, and similar uses.
9 D. Oil Well Services - The criteria for guidelines in
10 reviewing these requests shall be items 3, 4 and 5 in
111 Subsection I of this section.
22 E. Any relocation of a service on a lot when it does not
13 necessitate any increase in the number of existing
14 overhead lines and/or utility poles.
T5 F. Any increase of service size if no additional overhead
16 lines and/or utility poles are required.
17 G. For any new service when utility poles exist along
1$ abutting property lines which are not separated by any
19 alley or public right-of-way and no additional utility
20 poles are required.
21 H. For any new service when utility poles existed on the
22 property prior to February 15, 1967, and no additional
23 utility poles are required.
24 I. The following criteria shall be guidelines for the
25 Board of Zoning Adjustments in approving, conditionally
26 approving or denying such applications for Administr.a-
26 t.ive Review;
28 1. The age and anticipated life of the existing
29 structure.
30 2. The ratio of the cost of underground utilities to
31 the cost of any remodeling or addition.
32 3. The existing utility service in the area.
5.
4. That existing overhead utilities shall not be per-
2 petuated or expanded to the detriment of the
�$ aesthetics of the City.
4 5. Such other factors as the Board of Zoning deems
necessary to maintain the intent of this section. (1407)
6 S. 9730.6.3 Undergrounding Conversion: Any new service which is
7 allowed by provisions herein to be supplied by overhead
3 utilities, shall have installed a service panel to convert to underground
9 utilities at a future date.
20 S. 9730.6.4 Undergrounding Trenches: All underground utility lines
21 in residential developments which are installed on private
22 property shall be located along lot lines. However, the trench for service
13 lines may curve from the lot Line to the building at the nearest most
14 practical location may be permitted.
15 The intent of this provision is to reduce conflicts
16 which may be caused between underground utility lines and future construction.
S. 9730.6.5 Main Feeder and Transmission Lines: Section 9730.6 et
18 sequentia shall not apply to main-feeder lines or transmission lines located
19 within the public right-of-way of an arterial highway as shown on the
20 adopted Master Plan of Arterial Streets and Highways.
21 S. 9730.7 Screening of Rooftop Mechanical Features: All rooftop
22 mechanical features and appurtenances shall not be visible
23 from any public right-of-way.
24 S. 9730.8 Temporary Uses: The following temporary uses may be
25 permitted in any district subject to approval of an
26 Administrative Review Application by the Board of Zoning Adjustments and
27 the conditions contained herein. (1335)
28 S. 9730.8.1 Minor Accessory Uses:
29 A. Minor accessory structures such as cabinets, sheds pet
36 shelters and children's play houses, which are
31 limited to a maximum of thirty-six (36) square feet of
32 floor area, fifty (50) square feet of roof area, and
6.
I a maximum of six (6) feet in height, shall be exempt
2 from the required rear and side yard setbacks for
3 detached accessory buildings.
4 B. Said structures shall be located within the rear
5 two-thirds (2/3) of the lot. When so positioned, if
6 said structures are located within the required side
7 yard setback for the dwelling, there shall be a
8 minimum clear distance of five (5) feet maintained
9 between said structure and the dwelling for access to
29 the rear yard.
11 S. 9730.8.2 Agricultural Stands: (1335)
12 A. The agricultural stands should be located within the
28 agricultural area where the produce is grown.
14 B. The use shall be limited to the sale of produce grown
15 on the parcel or on adjacent parcels under common
16 ownership or under lease by the applicant.
27 C. The stand shall not be located closer than twenty (20)
18 feet from the edge of street pavement. In no case
29 shall the stand encroach onto a public right-of-way.
M D. In the event additional right-of-way is needed or
21 additional improvements are installed, the applicant
22 shall be required to relocate the structure at his
23 expense, and in compliance with all provisions of this
24 Section.
25 E. Adequate off-street parking shall be provided. The
26 off-street parking area shall be oiled with 0.25
27 gallons of Scm70 per square yard. Re-oiling of the
28 parking area shall be performed as required to control
29 the growth of weeds.
30 F. Prior to issuance of a business license or building
31 permit, a one-hundred (100) dollar cash bond shall be
32 posted with the Building Department to guarantee
7.
2. removal of the structure(s) upon termination of the
2 use and to guarantee maintenance of the property. Said
3 bond shall be accompanied by a signed agreement which
4 shall allow the Building Department to enter the premises
5 and destroy or remove the building (s) or structure (s)
6 if they become a nuisance, hazard or are in disrepair.
7 G. Approval shall be limited to one year unless otherwise
8 stated by the Board of Zoning Adjustments.
9 H. Signs for agricultural stands shall be included with
10 the application. Changes in signing shall be subject
11 to an Administrative Review Application before the
12 Board of Zoning Adjustments.
13 S. 9730.8.3 Christmas Tree Sales Lots: (1335)
14 A. Storage and display of trees shall be setback ten (10)
15 feet from the edge of street pavement. In no case
16 shall the stand encroach onto the public right-of-way.
17 B. Said use shall be completely removed by each January 3.
18 C. Any temporary shelter' shall be constructed according
19 to Building Department Standards.
20 D. All provisions of Title 19 of the Fire Code shall be
21 complied with.
22 E. Adequate off-street parking facilities shall be provided.
23 F. Prior to issuance of the business license, a one-
24 hundred (100) dollar cash bond shall be posted with
25 the Building Department to guarantee removal of any
26 structure upon termination of the use and to guarantee
27 maintenance of the property.
28 S. 9730.8.4 Trailers, Temporary Structures or Construction Offices:
29 Trailers or temporary structures may be used on construc-
30 tion sites provided the use is the same as the future use of the building
31 under construction, or is used as a construction office. (1335)
32 A. When the use of the trailer is the same as the future
8.
I use of the building, the permit shall be limited to
2 six (6) months subject to such reasonable conditions
3 as may be imposed by the Director of Building and
4 Safety. After this time period, the applicant may
6 request a continuation by written request to the Board
6 of Zoning Adjustments. Continuation may be granted
7 for any specified period after the Board determines
8 that construction is proceeding without undue delay.
9 (1441)
20 B. Adequate off-street parking facilities shall be provided.
11 C. In no case shall a trailer or temporary structure or
12 construction office be allowed to remain on-site
following completion of the structure that said tempo-
14 rary structure was to substitute for.
15 D. Prior to issuance of a business license or building
16 permit, a one-hundred (100) dollar cash bond shall be
17 posted with the Building Department to guarantee rem
18 moval of the trailer or temporary structure or con-
19 struction office.
20 E. The trailer or temporary structure or construction
21 office shall not be located closer than twenty (20)
22 feet from the edge of street pavement. In no case
23 shall the trailer or temporary structure or construction
24 office encroach onto a public right-of-wayo
25 S. 9730.8.5 Subdivision Sales Offices and Model Homes: Sales offices
26 and model homes in conjunction with a subdivision may be
27 permitted subject to the following: (1335)
28 A. The office use shall be discontinued within a thirty
29 (30) day period following sale of the last on-site unite
30 A cash or surety bond of one thousand (1000) dollars
31 shall be posted with the Building Department for the
32 sales office and for each model home to guarantee
9.
I comnliance �,aith all provisions of the Building and Plan-
2 ning Codes. Said model home sites shall only serve as
3 models for the tract specified In the Administrative
4 Review application.
5 n. The developer or contractor shall provide plot plans in-
di.c.ating the placement of the sales office and all model
7 si.gns, Larking signs, directional signs, temporary struc-
8 tures, Larking and landscaping.
9 C. The application ray be reviewed by the Board of Zoning
10 within one (1 ) year to insure compliance with City codes.
n D. In no case ^hnl.l the sales office be converted or expanded
into a general business office for the contractor or
�a$ developer.
14 S. 9731. 11ISCELLANEOUS PROVISIONS FOR RESIDENTIAL USES:
15 S. 9731.1 Private Garages and Carports; Private garages and carports
16 required by applicable provisions of this code shall be built
17 concurrently with the main buildings to which such garages and carports are
18 accessory. (495, 51.7)
29 S. 9731.2 Use Permits for Multiple Family Residence: It shall be un-
20 lawful to construct, erect or locate any apartment project
21 which extends more than 150 feet from a public street unless an on-site public
22 fire hydrant system is proposed which meets the approval of the Fire Depart-
°3 ment. Such apartment project shall be subject to an Administrative Review
24 Application before the Board of Zoning adjustments. (1046, 1194)
25 S. 9731.3 Home Occupations:
26 S. 9731.3.1 Home Occupation Restrictions: Home occupations may be permit-
27 ted in trailer parks and MH, and In Rl, Rl-PDS, R2, R3 and R4
28 Districts, provided the following conditions are complied with:
29 A. The business shall be restricted to one room only in the
30 dwelling and all material., equipment or facilities shall
31 be kept therein.
32 B. No garage shall be used in connection with such business
except for parking of business vehicles.
C. Only persons residing on the premises may be employed.
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Ii D. There shall be no display of merchandise, projects,
2 operations, signs, or name plates of any kind visible
8 from outside the dwelling.
4 E. In no way shall the appearance of the dwelling be altered
5 or the operation of the business within the dwelling
6 be such that the dwelling may be reasonably recognized
7 as serving a non-residential use, whether by colors,
8 materials, construction, lighting, windows, signs,
9 sounds, or any other means.
20 F. There shall be no storage of materials, supplies,
11 equipment or products outside of the one room of the
12 dwelling used for a home occupation.
23 G. The occupation shall not be of a type which generates
14 pedestrian or vehicular traffic beyond that normal
15 to the particular neighborhood.
16 11. The occupation shall not involve the use of commercial
17 vehicles for delivery of materials to or from the premises
18 I. No marked commercial vehicle or equipment used in con-
19 junction with the occupation shall be parked overnight
20 on the street or within the front yard setback of the
21 premises.
22 J. The occupation shall not create noise, odor, dust,
23 vibration, fumes, or smoke readily discernible at the
24 boundaries of the parcel on which it is situated, and
25 shall not create any electrical disturbance adversely
26 affecting the operation of any appliance or equipment
27 not on the same parcel.
28 K. All provisions of the Uniform Fire Code shall be
29 complied with.
s® L. Any violation of the above conditions or other conditions
31 for approval of a Home Occupation shall be cause for
32 revocation of the authorization to conduct said
11 .
� ' 1
I occupation and immediate cessation of the occupation.
2 S. 9731.3.2 Home Occupation Complaint: Permission to conduct a Home
3 Occupation may extend from year-to-year provided that there
4 have been no complaints regarding the conduct of such occupation. Upon
5 receipt of a complaint, the Board-of-Zoning Adjustments shall set a hear-
6 ing pursuant to S. 9814 of this code in which to review the application to
7 determine whether such occupation may continue. If the Board finds it
8 necessary, in order to preserve the character of the neighborhood and value
9 of property in the neighborhood because the Home Occupation has been
10 operated contrary to the conditions applicable to such an occupation, the
12 Board may revoke said authorization and order immediate cessation of the
a occupation.
18 S. 9731.3.3 Appeal: The decision of the Board of Zoning Adjustments
24 shall be final unless appealed to the Planning Commission
15 -within ten (10) days after the Board's decisions
16 (1423)
17 A. At the time permission to carry on a Home Occupation
1$ is granted, permittee shall sign an affidavit that he
19 understands all conditions of approval for the opera-
20 tion of such home occupation and will comply with such
21 conditions. (1423)
22 B. Any authorized City employee may inspect at any reason-
23 able time the premises for which application has been
?A made or permission granted for a Home Occupation.
25 (11919 13759 1423)
26 S. 9732 MISCELLANEOUS PROVISIONS FOR COMMERCIAL, PROFESSIONAL
27 AND INDUSTRIAL USES:
28 S. 9732.1 Housing of Goods: All goods, wares, merchandise, produce
29 and other commodities, except those being transported,
30 which are stored or offered for sale or exchange in the professional, com-
31 rnercial, and industrial districts, shall be housed in permanent buildings
32 except as otherwise provided by Ordinance. (495, 517, 1194, 1395)
12.
I >?32. ,;all_ Requirements for Professional, Commercial, ard
industrial. Uses:
3 S 9732. 2.1 �;ommon Property Lines Any property used for professional,
4 commercial, or industrial purposes having a common property
1_.n e v, 1 �i.rotr.. t zoned,_ or used for residential, purposes shall be separate..
i r a
6 by a soli- six-inch thick masonry or concrete block wall.
7 S. 9732.2.2 height Exceptions The height of such wall shall be a minimum
8 of 6 feet and when the height is to exceed 6 feet, the pro-
9 posal ,.-ould have to be approved by the Administrative Review befare Board of.
10 Zoning :"djustr.ents.
11 S. 9732.2.3 Ease men' separations ,Then such properties are separated by any
22 easement or right-of-way less than fifty (50) feet in width,
113 the wall shall be constructed on the commercial, industrial, or professional
14 side .of such easement or right-of-way.
15 S. 9732.2.4 Materials and Designs `"'here a wall Is exposed to a public area,
16 particular attention must be given to materials and design of
.i
17 tle ,gull, and that this would be reviewed by the Board of Zoning Adjustments.
,weight 11keasurements
18 S. 732.2, 5 / The height of said wall shall be such that the ton will be
19 six (6) feet above the highest ground surface that: is within
20 twenty (20) feel, of a common property line on the professional, commercial, or
21 industri.al_ side of said wall. Measurement shall be taken at any given point
22 along said wall..
23 S. 9732.2.6 Yard Requirement ; All walls shall conform to the yard re-
?A quirements pertaining to fences, walls, and hedges of the
25 residential district which said use abuts and the provisions of Section. 9786.
26 S. 9732.2." Existing Walls: When such walls are already located on the
27 residential. side of the common property line, physical pro-
28 tection from vehicle damage shall. be provided on the commercial, industrial,
29 or professional side of said wars by one or more of the following rmethods�
30 A. Pine Protectors
31 B. Wheel Bumpers
32 C. Concrete curbs
-1 3-
I D. Any other design or method that will provide protection
2 which is acceptable to the Building Department.
3 S. 9732.3 Certificate of. Occupancy: The requirements herein shall
4 be satisfied prior to the issuance of a Certificate of
5 Occupancy. (1130, 1194, 1222, 1367)
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