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HomeMy WebLinkAboutOrdinance #3531 ORDINANCE NO. 5 i AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 257 THEREOF RELATING TO MERGERS WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and the Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown Specific Plan).relating to permit streamlining and development processing; and 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 Section 257.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 257.04 Notice of Intention to Determine Status Prior to recording a Notice of Merger, the Director shall mail,by certified mail, a Notice of Intention to Determine Status to the current record owner of the property. The notice shall state that the affected parcels may be merged pursuant to this chapter and that, within 30 days from the date the Notice of Intention was recorded, the owner may request a hearing before the Director to present evidence that the property does not meet the criteria for merger. The Notice of Intention to Determine Status shall be filed for record with the County Recorder by the Director on the same day that the notice is mailed to the property owner. SECTION 2: That Section 257.06 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 257.06 Hearing on Determination of Status The owner of the affected property may file a written request for a hearing with the Director within 30 days after recording of the Notice of Intention to Determine Status. Upon receipt of the request, the Director shall set a time, date and place for a hearing before the Director and notify the owner by certified mail. The hearing shall be conducted within 60 days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the Director and the property owner. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in this chapter. ord/0I zoning ord/c hp257l1 1114/01 1 Ord. No. 3531 At the conclusion of the hearing, the Director shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. Such notification shall be mailed to the property owner by the Director within five days of the date of the hearing. SECTION 3: That Section 257.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 257.08 Determination of Merger If the Director makes a determination that the parcels are to be merged, a Notice of Merger shall be filed for record with the County Recorder by the Director within 30 days of the conclusion of the hearing, unless the decision has been appealed pursuant to Section 257.10. The Notice of Merger shall specify the name of the record owner and a description of the property. If the Director makes a determination that the parcels shall not be merged, a release of the Notice of Intention to Determine Status shall be filed for record with the County Recorder by the Planning Department within 30 days after the Director's determination and a clearance letter shall be mailed to the owner by the Director. SECTION 4: That Section 257.10 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 257.10 Appeals The determination of the Director may be appealed to the Planning Commission in accordance,with Chapter 248, provided that the appeal shall be filed within 10 calendar days of the date of mailing of the Notice of Determination and the Planning Commission shall hear the appeal within 60 days from the date of appeal. If, after this hearing, the Planning Commission grants the appeal and determines that the affected property has not been merged pursuant to this chapter, the Director shall, within 30 days after the Planning Commission determination, file with the County Recorder a release of the Notice of Intention to Determine Status and mail a clearance letter to the owner. SECTION 5: That Section 257.12 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 257.12 Determination When No Hearing Is Requested If the owner does not file a request for a hearing within 30 days after the recording of the Notice of Intention to Determine Status, the Director may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a Notice of Merger shall be filed for record with the County Recorder by the Director within 90 days after the mailing of the Notice of Intention to Determine Status pursuant to Section 257.04. SECTION 6: That Section 257.16 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 257.16 Request for Determination by Owner Upon written application made by the owner to the Director, the Director shall make a determination that the affected parcels have merged or are to be merged. If the Director determines that the parcels have not merged, the owner shall be so notified by the Director. ord/Olzonina ord/chp257/1 1/2/0l 2 Ord. No. 3531 If the Director determines that the parcels were merged but that they meet the conditions for unmerger in Section 257.18, a Notice of Status shall be issued to the owner and filed for record with the County Recorder by the Director. The Notice of Status shall identify each parcel and declare that they are unmerged pursuant to this chapter. If the Director determines that the parcels were merged but do not meet the conditions for unmerger in Section 257.18, a Notice of Merger specifying the record owner and description of the parcel shall be issued to the owner and filed for record with the County Recorder by the Director. The owner may appeal the decision of the Director to the Planning Commission in accordance with Chapter 248,provided that the appeal must be filed within 10 calendar days of the date of the mailing of the Notice of Merger. The Planning Commission shall hear the appeal within 60 days from the date of appeal. SECTION 7: This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of January , 200 2. ATTE T: City Clerk al- Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: to City A ministrator K--City Attorney INITIfiXED,AND APPROVED: 14 Z it for of Plannin ord/OIzoning ordlchp25711112/01 3 Ord. No. 3531 STATE OF CALIFORNIA ) COUNTY OF ORANGE )' ss: CITY OF HUNTINGTON BEACH } 1, CONNIE BROCKWAY,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 re ular meeting thereof held on the 17th day of December,2001, and was again read to said City Council at a regular meeting thereof held on the 7th day of January. 2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Dettloff,Bauer, Cook, Green, Boardman NOES: None ABSENT: Houchen ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this O ordinance has been published in the Independent on 2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway, Cit Clerk of the City Council of the City �Aeputy City Clerk of Huntington Beach, California .........