HomeMy WebLinkAboutOrdinance #4314 ORDINANCE NO. 4314
AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 241 CONDITIONAL USE PERMITS AND VARIANCES —
TEMPORARY USE PERMITS —WAIVER OF DEVELOPMENT STANDARDS OF THE
HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
(ZONING TEXT AMENDMENT NO. 23-002)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed
public hearings to consider Zoning Text Amendment No. 23-002, which amends Chapter 241 of
the Huntington Beach Zoning and Subdivision Ordinance
After due consideration of the findings and recommendations of the Planning Commission
and all other evidence presented, the City Council finds that the aforesaid amendment is proper
and consistent with the General Plan;
NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain.
as follows:
SECTION 1. That Chapter 241.22 of the Huntington Beach Zoning Code is hereby
amended to read as follows:
241.22 Waiver of Development Standards
A. Standards Which Can Be Waived. An Administrative Permit by the Director may waive
development standards for setbacks, open space, separation between buildings, height of
buildings or fences, site coverage and landscaping without a conditional use permit or a variance,
only if he or she finds that such a waiver improves project design and does not exceed 10%
deviation. No other standards shall be subject to this waiver provision.
B. Time Limit. A waiver shall become null and void six months after date of approval.
C. Extensions. A waiver shall not be extended for more than one year unless the applicant
demonstrates that no circumstances relevant to the approval.of the waiver, including other
development in the neighborhood, have changed from the time of approval.
D. Limitations. A waiver may not be granted if the waiver would in any way degrade the
environment or result in any changes to classification of land use or density. Also,projects not
otherwise subject to discretionary review(i.e., conditional use permit, variance, Coastal
Development Permit, or subdivision approval) may not apply for waiver.
E. Decisions and Appeals. The Director's decision may be appealed in accord with Chapter
248. The Director's decision shall be distributed to the City Council, Planning Commission, and
Zoning Administrator within 48 hours of such decision.
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ORDINANCE NO. 4314
SECTION 2. That Chapter 241.24 of the Huntington Beach Zoning Code is hereby
amended to read as follows:
241.24 Neighborhood Notification
When no entitlement is required and the use requires such notification as stated in the Zoning
and Subdivision Ordinance or Downtown Specific Plan,the review and approval process shall
include an Administrative Permit and notification to property owners and tenants within a 300-
foot radius of the subject property.
Notification requirements are as follows:
A. Notification. Ten calendar days prior to submittal for a building permit or certificate of
occupancy or approval for initial establishment of the use, the applicant shall notice property
owners and tenants by first class mail.
B. Notice of application shall include the following:
1. Name of applicant.
2. Location of planned development or use, including address (map is optional).
3. Complete description of the proposed development or use such that there is full
disclosure in the notice.
4. The Community Development Department phone number and address of City Hall
where plans may be reviewed.
5. The date by which any comments must be received in writing by the Community
Development Department and City appeal procedures.
6. The Community Development Department shall receive entire list including name and
address of those receiving the mailing.
C. Notice of Action. The Director's decision shall be made in writing with information
regarding the appeal process and sent to the applicant and the City Council on the next business
day and posted on the City's website.
D. Appeals. The Director's decision may be appealed in accord with Chapter 248.
SECTION 3. This ordinance shall become effective immediately 30 days after its
adoption.
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ORDINANCE NO. 4314
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the orr day o , 2024.
Wit AIAT
ayor
ATTEST: APPROVED ►. FORM:
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C_,(-1
City Cle it Attorney
REVIEWED AND OVED: INITIATED AND APPROVED:
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City Manager ire or of Community Development
24-14077/331946 3
Ord. No. 4314
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on May 7,2024, and was again read to said City Council
at a Regular meeting thereof held on May 21,2024, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Orange County Register on May 30,2024. �����
In accordance with the City Charter of said City. :e io�j
• stanislau,City Clerk City lerk and ex-officio Clerk
f Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California