HomeMy WebLinkAboutOrdinance #1821 ORDINANCE NO . 1821
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING SUBSECTION (a) OF SECTION 9730 . 2,
AND ADDING SECTION 9730 . 2. 1 AND SECTION 9730. 6 . 1
RELATING TO RIGHTS OF WAY DEDICATION AND IM-
PROVEMENT FOR AGRICULTURAL USES
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. Subsection (a) of Section 9730 . 2 is hereby
repealed.
SECTION 2. The Huntington Beach Ordinance Code is amended
by adding thereto Sections 9730 . 2. 1 and 9730 . 6 . 1 to read as
follows :
9730 . 2. 1. RIGHTS OF WAY DEDICATION FOR AGRICULTURAL USES .
Prior to issuance of any permit , or prior to the use of land for
any agricultural purpose, the highway, street, or alley right of
way shall be dedicated to or vested in the City of Huntington
Beach to a width as provided by this code, the standards of
the Public Works Department, and provided that the requirement
to dedicate shall be subject to review by the Board of Zoning
Adjustments . The Board shall consider the following criteria
in making its decision:
(a) Type of agricultural use proposed.
(b ) Duration (temporary or permanent) .
(c) Vehicular access .
(d) Effect of the proposed use on traffic in the site.
(e) Relationship between the proposed requirements and
the anticipated expanded use .
No dedication shall be required under this article for
any purpose not reasonably related to the use of the property
for which application has been made or in the case of agri-
cultural use, not reasonably related to such agricultural use.
When filing for a building permit, the applicant may file
a written application with the Planning Department to have the
Board of Zoning Adjustments review the requirement to dedicate
1.
abutting rights of way. If the Board determines that said use
is of an intensity which does not require rights of way dedica-
tion, the Board may grant a temporary postponement for a period
of time not to exceed one (1) year, and may grant additional
extensions as deemed appropriate .
Said application shall be set for hearing before the Board
of Zoning Adjustments within fourteen (14) days following re-
ceipt of application, and the applicant shall receive at least
ten (10 ) days notice of such hearing.
Any decision of the Board may be appealed to the Planning
Commission within ten (10) days following such decision, as
provided by Sections 9815 .1 through 9815 .1 .7 of this code .
9730 . 6 .1 . AGRICULTURAL USES . INSTALLATION OF IMPROVE-
MENTS . Where an agricultural use is established adjacent to a
public right of way, a written request , containing the reasons
therefor and stating the practical difficulties involved, may
be made to the Board of Zoning Adjustments for permission to
install improvements at a later date . A hearing shall be set
before the Board within fourteen (14) days following receipt of
application, and the applicant shall receive at least ten (10 )
days notice of such hearing.
The Board of Zoning Adjustments , when making its decision,
shall consider the criteria contained in Section 9730 . 2 .1 of
this article .
If the Board determines that said use is of an intensity
which does not require rights of way improvement , the Board may
grant a temporary postponement for a period of time not to ex-
ceed one (1) year, and may grant additional extensions as deemed
appropriate .
Any decision of the Board may be appealed to the Planning
Commission within ten (10) days following such decision, pur-
suant to Sections 9815 .1 through 9815 .1 .7 of this code .
SECTION 3 . The provisions of this ordinance insofar as
they are substantially the same as existing provisions of the
Huntington Beach Ordinance Code relating to the same subject
matter shall be construed as restatements and continuations and
not as new enactments .
SECTION 4 . This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
2 .
days after adoption in the Huntington Beach News , a newspaper
of general circulation, printed and published in Huntington
Beach, California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the th
day of February, 1973 •
�2L
Mayor
ATTEST: APPROVED AS TO FORM:
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Ord. No. 1821
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I', PAUL C. JONES, The duly elected, qualified, and
acting City Clerk of the City of Huntington Beach and ex-
officio Clerk of the City Council of the 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 the 5th day Of February
19 73 , and was again read to said City Council at a regular
meeting thereof held on the 20th day Of February_,
19 73 and was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council.
AYES: Councilmen:
Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
None
1, PAUL C. JONES, CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City City Clerk and —O f f i c i O Clerk
Council, do hereby certify that this ordinance has of the City Council Of the City
been published in the Huntington Beach News on Of Huntington Beach, California
--------------------:rAk -------Z i 9.7 3
In accordance with the City Charter of said City.
PAUh C. JONES
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