HomeMy WebLinkAboutOrdinance #2373 ORDINANCE N0. 2373
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING CERTAIN SECTIONS RELATING TO
BUILDING SITES, AMENDING SECTIONS 9102.1.1.1,
9162.1.1.1, 9202.1.1.1, 9232. 1.1. 1 AND
9602. 1. 1.1, AND ADDING THERETO SECTIONS 996o. 3
THROUGH 9960.7 ESTABLISHING MERGER OF CERTAIN
PREVIOUSLY SUBDIVIDED LOTS
WHEREAS, the Subdivision Map Act , Section 66424. 2 of the
Government Code , provided for an automatic merger of parcels or
units of land when conditions contained in said section were met ;
and
Said Section 66424. 2 was amended by Chapter 234, Statutes
1977, effective July 7, 1977, to provide that a local ordinance
may provide for merger of contiguous parcels or units ; and
By operation of law, parcels or lots were merged pursuant
to former Section 66424. 2 and the amendments to Section 66424. 2
by Chapter 234 have raised ambiguity regarding the legal status
of lots subject to Section 66424. 2; and
It is the policy of the City Council of the City of Huntington
Beach to cause merger of lots when conditions of former Section
66424.2 are met ,
NOW, THEREFORE, the City Council of the City of Huntington
Beach does ordain as follows :
SECTION 1. Sections 9435.1.1, 9471. 4.2.1.1, 9514.1.1,
9533.1. 1, and 9556. 1. 1 of the Huntington Beach Ordinance Code
are hereby repealed.
SECTION 2. The Huntington Beach Ordinance Code is hereby
amended by amending Sections 9102. 1.1. 1, 9162.1.1.1, 9202.1.1.1,
9232. 1. 1. 1 and 9602.1.1. 1 to read as follows :
9102.1.1.1. Any parcel of land, consisting of two (2) or more
more contiguous lots, existing on June 5, 1946, the effective
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7/6/79
1.
date of Ordinance 495, and each held under separate ownership on
that date may be used as a building site.
9162.1. 1.1. Any parcel of land, consisting of two (2) or
more contiguous lots , existing on June 5, 1946, the effective
date of Ordinance 495, and each held under separate ownership
on that date may be used as a building site.
9202.1. 1. 1. Any parcel of land, consisting of two (2) or
more contiguous lots, existing on June 5, 1946, the effective
date of Ordinance 495, and each held under separate ownership on
that date may be used as a building site.
9232.1.1. 1. Any parcel of land, consisting of two (2) or
more contiguous lots, existing on June 5, 1946, the effective
date of Ordinance 495, and each held under separate ownership on
that date may be used as a building site.
9602.1.1.1 Any legally divided parcel of land, consisting
of two (2) or more contiguous lots , existing on the effective
date of Section 9602. 1, and each held under separate ownership on
that date, may be used as a building site.
SECTION 3. The Huntington Beach Ordinance Code is hereby
amended by adding thereto Sections 9960. 3 through 9960. 7 to
read as follows :
9960. 3. LOT MERGER. For lots or parcels within the city,
there shall be a merger of lots or parcels when each of the fol-
lowing conditions are met :
(a) Two (2) or more contiguous lots or parcels are held
by the same owner;
(b) Said lots or parcels do not conform to the minimum lot
size to permit use or development under the zoning provisions of
this code, and further provided that the minimum lot size set
forth in this code shall apply, for the purposes of merger, to
lots within the city, no matter when created; and
(c) None of such contiguous lots or parcels is developed
with a building for which a building permit has been issued by
the City of Huntington Beach, or by the County of Orange for par-
cels which were created and thereafter annexed to the City of
Huntington Beach.
9960. 4. NOTICE OF MERGER. HEARING. The Director of
Development Services , when he has knowledge that real property
has merged pursuant to this article, shall cause to be filed for
recordation with the County Recorder a notice of merger, speci-
fying the name of the record owner and particularly describing
2.
the real property; provided, that the Director of Development
Services shall advise the owner of the lots or parcels to be af-
fected by the merger at least thirty (30) days prior to recorda-
tion of said notice , the fact that he intends to record the notice
and specifying a time, date and place at which the owner may
present evidence to the Director of Development Services why such
notice should not be recorded. The Director of Development
Services shall hear and consider any such evidence, should the
owner choose to present such evidence. The Director of Development
Services shall make his determination regarding recordation of
such notice , which decision shall become final ten (10) days after
the decision is made in absence of any appeal to the Planning
Commission or request for review by the Planning Commission on its
own motion, adopted by four (4) affirmative votes , or by the
City Council on its own motion, adopted by four (4) affirmative
votes , within said ten (10 ) day period.
9960.5. REVIEW OR APPEAL TO PLANNING COMMISSION. In any
case where the owner is not satisfied with the decision of the
Director of Development Services, he may appeal in writing to
the Planning Commission by filing a notice of appeal within ten
(10) days following the decision by the Director of Development
Services or where the Planning Commission determines to review
the decision of the Director of Development Services , a hearing
shall be held by the Planning Commission. The owner shall be
given notice specifying a time, date and place at which the owner
may present evidence to the Planning Commission why such notice
should not be recorded. The Planning Commission shall hear and
consider any such evidence and make its decision regarding such
notice not later than ten (10) days after the date of the public
discussion of said item by the Planning Commission. The action
of the Planning Commission on such notice shall become final
twenty-one (21) days after the decision of the Planning Commission
in absence of any appeal to the City Council or request for review
by the City Council on its own motion, adopted by four (4) af-
firmative votes.
9960.6. REVIEW BY OR APPEAL TO CITY COUNCIL. In any
case where the owner is not satisfied with the decision of the
Planning Commission, he may appeal in writing to the City
Council by filing a notice of appeal within ten (10) days fol-
lowing the decision by the Planning Commission or where the City
Council has determined to review the decision of the Planning
Commission, a hearing shall be held by the City Council. The
owner shall be given notice specifying a time , date and place
at which the owner may present evidence to the City Council
why such notice should not be recorded. The City Council shall
hear and consider any such evidence and make its decision re-
garding such notice not later than ten (10) days after the date
of the public discussion of said item by the City Council. The
action of the City Council on such notice shall be final.
3.
9960. 7. RECORDATION OF NOTICE. EFFECT. At such time as
the determination to record a notice of merger shall become final,
the notice shall be recorded at the office of the County Recorder,
Orange County, California. Recordation of such notice shall be
a memorialization of the lot merger which had previously occurred.
After such notice has been recorded, the subject lots or parcels
shall be held merged as one lot or parcel for purposes of applying
the zoning and subdivision provisions of this code , and building
regulations contained in the Huntington Beach Municipal Code, and
other regulations regarding land use and development in the city
of Huntington Beach.
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 days after
adoption in the Huntington Beach Independent , a newspaper of gen-
eral circulation.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 6th
day of August 19 79.
' yam Vie.
May r
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED : INITIATED AND APPROVED:
e�_ - 'e_VqJ1
C ' y Administrator Director of Development
Services
4.
Ord. No. 2373
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified 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 member$ 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 16 day of July
19 79 , and was again read to said City Council at a regular
meeting thereof held on the 6th day of August 19 79 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-�officio Clerk
of the City Council of the City
of Huntington Beach, California
1, Alicia M. Wentworth 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 Huntington
Beach Independent on
in accordance h the City Chartr of said City.
......:....GG ............ .
_ City Clerk
Deputy City Clerk