HomeMy WebLinkAboutOrdinance #2439 ORDINANCE NO . 2439
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING SECTIONS 9685 .5, 9730 .2 AND
9730.2.1 PERTAINING TO DEDICATION REQUIREMENTS
FOR PUBLIC EASEMENTS
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. The Huntington Beach Ordinance Code is hereby
amended by amending Sections 9685 .5, 9730 .2 and 9730. 2.1 to
read as follows:
9685.5 DEDICATION REQUIREMENTS . Prior to issuance of a
drilling permit for a new well located on any 1101" parcel abutting
a public street, alley or highway, all real property shall be
dedicated or an irrevocable offer of dedication made of such real
property which City requires for streets , alleys , including access
rights and abutters' rights , drainage, public utility easements ,
and other public easements . In addition, all streets and alleys
shall be improved, or an agreement entered into for such improve-
ment, including access rights and abutters' rights , drainage,
public utility easements , and other easements .
9730.2 . DEDICATION REQUIRED. Prior to issuance of a build-
ing permit, or prior to the use of land for any purpose, all
real property shall be dedicated or irrevocably offered for
dedication, which City requiresfor streets , alleys , including access
rights and abutters' rights , drainage, public utility easements ,
and other public easements . In addition, all streets and alleys
shall be improved, or an agreement entered into for such improve-
ments , including access rights and abutters ' rights , drainage ,
public utility easements , and other easements , except for the
following:
(a) Interior building alterations that do not exceed one-
third (1/3 ) the value of a building, provided that said altera-
tion does not change the occupancy of the building, as defined
in the Uniform Building Code .
(b) Exterior building alterations or additions for a resi-
dential use that do not exceed one-third (1/3) the value of the
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building, as defined by the Uniform Building Code, and do not
add any additional residential units .
( c) Fences and walls .
( d) Any structure not exceeding forty-two (42) inches in
height .
( e) Temporary uses as described in this article .
9730.2 .1 . DEDICATION FOR AGRICULTURAL USES . Prior to
issuance of any permit, or prior to the use of land for any
agricultural purpose , all real property shall be dedicated or
irrevocably offered for dedication, which City required forstreets ,
alleys , including access rights and abutters ' rights , drainage,
public utility easements , and other public easements . In addition,
all streets and alleys shall be improved, or an agreement entered
into for such improvements , including access rights and abutters '
rights , drainage, public utility easements , and other easements ,
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 agricultural
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 as
required by this section. If the board determines that said use
is of an intensity which does not require such dedication, 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 receipt
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of application, and the applicant shall receiveat 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 pro-
vided by Sections 9815. 1 through 9815 .7 of this code.
SECTION 2. 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 news-
paper of general circulation.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular/me! nV thereof held on the 8th
day of July 1980.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney :�
REVIEWED AND APPROVED: INITIATED AND APPROVED:
}
Ci Administrator Director of-Public Works
3.
Ord. No. 2439
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
ad.lourned meeting thereof held on the 16th day of June
19 80 , and was again read to said City Council at a regular adjourned
meeting thereof held on the 8th day of July , 1980 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Thomas, Finley, Bailey, MacAllister, Mandic, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson
City 4Clernd�ex-of�ficio�Cler ,
of the City Council of the City
of Huntington Beach, California
11, 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 #!f this
ordinv-e haas been published in the Huntington
Beach in. t---Lent on
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In �i�,�thie City Charter Of saal City.
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City Clerk
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Deputy City Clerk