Loading...
HomeMy WebLinkAboutOrdinance #2622 ORDINANCE NO. 2622 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLES 992 AND 993 OF THE HUNTING- TON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9920 and 9930. 2 THEREOF AND ADDING NEW SECTIONS 9920. 1 and 9920. 2, TO ESTABLISH PROVISIONS FOR THE WAIVER OF THE REQUIREMENT FOR A PARCEL MAP UNDER CERTAIN CONDITIONS The City Council of the City of Huntington Beach does ordain as follows : i SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by amending Sections 9920 and 9930. 2 thereof and adding new Sections 9920. 1 and 9920. 2, as follows : 9920. PARCEL MAP REQUIREMENT. A parcel map shall be filed and recorded for any subdivision for which a tentative and final map are not required by the Subdivision Map Act, except as con- tained herein . 9920. 1 WAIVER OF PARCEL MAP . Other provisions of this chapter to the contrary notwithstanding, the requirement that a parcel map be prepared, filed with the Board of Zoning Adjust- ments and recorded may be waived, provided that a finding is made by the Board of Zoning Adjustments or, on appeal, by the City Council , that the proposed subdivision complies with the require- ments as to area, improvement and design, flood and water drainage control , appropriate improved public roads, sewer and water facilities, environmental protection, and other requirements of this chapter and the Subdivision Map Act . a. The following types of subdivisions are deemed to comply with the findings required by this section for waiver of the parcel map, unless the Board of Zoning Adjustments or , on appeal , the City Council , finds, based on substantial evidence, that public policy necessitates a parcel map, such map shall not be required for the following: ( 1 ) Short-term leases, terminable by either party on thirty (30) days' notice , of a portion of the operating right-of- way of a railroad corporation defined as such by Section 230 of the Public Utilities Code ; (2) Land conveyed to or from a governmental agency, public entity, or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way. ADL:ps 5/5/83 1 . i b. The following subdivisions, provided dedications and improvements are not required under the provisions of this chapter or by the Board of Zoning Adjustments or, on appeal, by the City Council , as a condition of approval , in the absence of evidence to the contrary are deemed to comply with the findings required by this section for waiver of the parcel map: ( 1 ) A subdivision of four (4) lots or less wherein each resulting lot or parcel contains a gross area of forty (40) acres or more ; (2) A subdivision of four (4) lots or less only for the purpose .of leasing the lots resulting from such subdivision ; ( 3) A consolidation of four ( 4) or less contiguous parcels or lots under the same ownership which were created under the provisions of this chapter and when consolidated contain less than five (5) acres, abutting upon a maintained public street or highway and no dedications or improvements are required by this ! chapter or by the Board of Zoning Adjustments . C . The processing of any application pursuant to this section shall be subject to the same time requirements and appeal procedures as are provided in this chapter for tentative parcel j maps . In any case, where waiver of the parcel map is granted by the Board of Zoning Adjustments or, on appeal , by the City Council, the Director of Development Services shall cause to be filed for record with the County Recorder a Certificate of Com- pliance . Pursuant to Section (b) ( 3) such filing shall be accom- panied by a plat map. This plat map shall be of sufficient detail to define legal boundaries of the proposed parcel consolidation . 9920. 2 CERTIFICATE OF COMPLIANCE. The certificate of com- pliance shall state that certain real property complies with the provisions of this chapter and the Subdivision Map Act. The certificate of compliance shall identify the real property and shall state that the consolidation or division thereof complies with this chapter and the Subdivision Map Act. 2930.2 TENTATIVE MAP. Subdivision of five (5) or more parcels and/or units . SECTION 2. This ordinance shall take effect thirty days after adoption . 2. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of June,, 1983. Mayor ATTEST: APPROVED AS TO FORM: 00, • ��:/! City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Development Services 3. Ord. No. 2622 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as: 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 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 16th day of May 19 83 and was again read to said City Council at a regular meeting thereof held on the 6th day of June , 19 83 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, Kelly, MacAllister, Finley, Bailey, Mandic NOES: Councilmen: None ABSENT: Councilmen: Pattinson 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•offibio Clerk of the City Counci;, dc� he:eby certify that a synopsis of this ordinance %as been published in the Huntington Reach In-�'e_sendent en ................................W... "... .lv. ...... 19.:0 In accordance with the City Chaiter of said City_ ALICIA M. WENTWORTH ......................................................................................... ....._ City Clerk . ..........................:.................. ..f.... Deputy City Clerk