HomeMy WebLinkAboutOrdinance #3649 ORDINANCE NO. 3,649
AN ORDINANCE OF THE CITY OF HUN/END
AMENDING CHAPTER 250 OF THE HUCH
ZONING AND SUBDIVISION ORDINA
GENERAL PROVISION
The City Council of the City of Huntington Beach does follows:
SECTION 1. Chapter 250 of the Huntington Beach Zision Ordinance is
hereby amended to read as follows:
ha ` ear°"Tnb V meal r,vis ons x
Sections:
250.02 Citation and Authority
250.04 Consistency
250.06 Applicability
250.08 Exceptions
250.10 Definitions
250.12 Responsibilities
250.14 Map Requirem is
250.16 Fees and Dep its
250.02 Citation and Authori
This Title is adopted pursuant to apter XI, Section 7 of the California Constitution and to
supplement and implement the S bdivision Map Act, Section 66410 et seq. of the Government
Code. This title may be cited a the Subdivision Ordinance of the City of Huntington Beach.
250.04 Consistency
No land shall be subdivide and developed for any purpose that is inconsistent with the
Huntington Beach Gener Plan,the Local Coastal Program for development within the coastal
zone, or any applicable s ecific plan of the City or that is not permitted by Titles 20-24, Zoning,
or other ap/eb
prow sions of this Code.
The type ait of land use as shown on the General Plan, and Local Coastal Program for
land withins I zone, and any applicable specific plan shall determine, together with the
requiremenSubdivision Map Act and this Title, the type of streets, roads, highways,
utilities, anpublic services that the subdivider shall provide.
250.06 icability
The provisforth in this Title shall apply to all or parts of subdivisions within the City
and to the ion of subdivision maps and to other maps provided for by the Subdivision
Map Act and this Title after the effective date of this Title. All subdivisions and any part thereof
lying with/in the City shall be made and all subdivision maps shall be prepared and presented for
approvA as provided for in this chapter.
All subdivisions and lot line adjustments located within the coastal zone that meet the definition
of development as defined in Section 245.04(J) shall require approval of a coastal development
permit.
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250.08 Exceptions '
This chapter shall not apply to the items listed in Sections 66412, 66412.1, 66412.2 and 66412.5
of the Subdivision Map Act. However subject to the provisions of Section 66412(d) of the
Subdivision Map Act, a lot line adjustment between two or more existing adjacent parcels,
where the land taken from one parcel is added to an adjacent parcel, and where a greater number
of parcels than originally existed is not thereby created, provided that,the lot line adjustment is
approved pursuant to Section 250.16B.
250.10 Definitions
For the purposes of this Title, unless otherwise apparent from the context, certain words and
phrases used in this Title are defined in this section as set forth below. All definitions provided
in Chapters 1.04, 245.04, and 203 of the Municipal Code and all definitions provided in the
Subdivision Map Act shall also be applicable to this Title and said definitions are hereby
incorporated by this reference as though fully set forth herein.
Access Rights. The right of abutting landowners or occupants to obtain access to an abutting
public way.
Acreage. Any parcel of land which is not a lot, as defined in this chapter, and those areas where
a legal subdivision has not been made previously, or where a legal subdivision has declared such
parcel as acreage.
Block. The area of land within a subdivision,which area is entirely bounded by streets,
highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision.
Certificate of Compliance. A valid authorization, issued by the City, stating that the subdivision
of creation complies with City subdivision laws applicable at the time of creation or stating that
the subdivision complies with the Subdivision Map Act and this Title.
City Engineer. The City Engineer of the City of Huntington Beach.
Collector Street. A street, intermediate in importance between a local street and an arterial
highway, which has the purpose of collecting local traffic and carrying it to an arterial highway.
Conversion. The creation of separate ownership of existing real property together with a
separate interest in space of residential, industrial or commercial buildings.
Cul-de-Sac. A local street, one end of which is closed and consisting of a circular turnaround.
Day. A calendar day unless otherwise specified.
Department. The Community Development Department of the City of Huntington Beach.
Department of Public Works. The Department of Public Works of the City of Huntington
Beach.
Director. The Director of the Community Development Department of the City of Huntington
Beach.
Easement. A grant of one or more property rights by the owner to the City, a public entity,
public utility, or private party.
Final Map. A map showing a subdivision of five or more parcels, prepared in accordance with
the provisions of the Subdivision Map Act and this Title and designed to be placed on record in
the office of the Orange County Recorder.
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Lot Line Adjustment: A minor shift or rotation of an existing lot line wher a greater or lesser
number of parcels than originally existed is not created.
Merger. The joining of two or more contiguous parcels of land under ne ownership into one
parcel.
Parcel. A unit or portion of a unit of improved or unimproved 1
Parcel Map. A map showing a subdivision of four or fewer p els or a subdivision pursuant to
the exceptions stated in Section 66426 of the Subdivision Ma Act prepared in accordance with
the provisions of the Subdivision Map Act and this Title an designed to be placed on record in
the office of the Orange County Recorder.
Parkway. That area between the curb face and abutting roperty line.
Person. Any individual, firm, co-partnership,joint ve ture, organization, corporation, estate,
trust, receiver, syndicate,this City, and any other pu is agency.
Private Street. Any street or accessway which is ivately held, maintained and utilized as
access to a development.
Remainder. That portion of an existing parcel hich is not divided for the purpose of sale,
lease, or financing nor part of the subdivisio
Scenic Easement. An easement dedicated the City that protects a view from a specific
location or locations to a specific visual r ource by prohibiting or limiting development.
Service Road. A street adjacent to and roviding access to an arterial highway.
Standard Plans. Plans and engineeri drawings for public improvements as adopted by the
Department of Public Works.
Standard Engineering S ecificatio s. Specifications for public improvements adopted by the
Department of Public Works.
Subdivision Committee. The S bdivision Committee of the City of Huntington Beach.
Subdivision Map Act. The p ovisions of Division 2, Subdivisions of the California Government
Code, relating to subdivisio of land and real property commencing with Section 66410.
Tentative map. A map m e for the purpose of showing the design and improvements of a
proposed subdivision and he existing conditions in and around it precedent to the approval of a
final map. Tentative ma shall include a tentative parcel map, prepared pursuant to the
provisions of this Title.
Usable Parcel Area. at portion of a parcel which does not exceed a slope of 10 percent. Any
portion of the parcel xceeding 10 percent shall, for the purpose of this Title, be considered
slope and not usable parcel area.
VestingTentative a . A tentative map for a residential subdivision that has, printed
conspicuously on rts face, the words "vesting tentative map" at the time it is filed with the City,
and is processed m accordance with the provisions of Chapter 252 of this Title.
250.12 esponsibilities
A. City Attorney. The City Attorney's responsibilities shall include approving as to
form all subdivision improvement agreements; covenants, codes, and restrictions;
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security, liability agreements and insurance; and all governing documents for a
community apartment project, condominium, stock cooperative, or conversion.
B. City Council. The City Council shall have final jurisdiction in the approval of
final maps and improvement agreements and the acceptance by the City of land
and/or improvements as may be proposed for dedication to the City for
subdivisions of five or more parcels.
The City Council shall act as the appeal board for hearing appeals of all
subdivision maps acted upon by the Planning Commission.
C. Planning Commission. The Planning Commission's responsibilities shall include
approving, conditionally approving, or denying the application for tentative map
approval of subdivisions of ten or more parcels. The Planning Commission shall
act as the appeal board for hearing appeals of tentative parcel maps and tentative
maps for subdivisions of 9 or fewer parcels.
D. Zoning Administrator. The Zoning Administrator's responsibilities shall include
the processing and approval, conditional approval or denial of tentative map
approval of subdivisions of or less parcels, tentative parcel maps and waivers of
parcel map requirements, mergers and certificates of compliance.
E. City Engineer. The City Engineer's responsibilities shall include:
1. Establishing design and construction details, standards and specifications.
2. Determining if proposed subdivision improvements comply with the
provisions of the Subdivision Map Act and this Title.
3. The processing and certification of final maps, reversion to acreage maps,
and amended maps and the processing and approval of subdivision
improvement plans.
4. Examining and certifying that final maps are in substantial compliance with
the approved tentative map.
5. Final jurisdiction in the approval of parcel maps and certification of lot line
adjustments.
6. The inspection and approval of subdivision public improvements.
7. The acceptance of dedications and public improvements for subdivisions by
parcel map, and off-site dedications lying outside a subdivision boundary
which require a separate grant deed.
8. Collection of all required fees and deposits associated with final maps and
parcel maps except park and recreation fees.
F. Director. The Director's responsibilities shall include the processing of tentative
maps and lot line adjustments.
1. Determinations of violations of the provisions of the Subdivision Map Act or
this Title.
2. The management of the Planning Division in carrying out the responsibilities
imposed upon it by this Title. When necessary to carry out the Director's
responsibilities hereunder,the Director may designate and authorize a
representative to act on his or her behalf.
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3. Collection of park and recreation fees and fees associated ith tentative
maps.
G. Subdivision Committee. The Subdivision Committee's res nsibilities shall
include examining and determining that tentative and vest' g tentative maps
comply with the provisions of the Subdivision Map Act is Title,the Local
Coastal Program for maps located within the coastal z e, and the City's General
Plan, and recommending approval, disapproval, or c ditional approval of
tentative or vesting tentative maps to the.Planning ommission or Zoning
Administrator.
The Subdivision Committee shall consist of the ollowing members or their
authorized representatives:
1. The Director who shall serve a chairperson and secretary;
2. The City Engineer;
3. The Fire Chief; and
4. Three members of the anning Commission.
Representatives from other dep ments shall attend meetings when requested to
do so by the Subdivision Co ttee.
H. Coastal Commission. The C astal Commission shall have appeal jurisdiction over
coastal development permit approved for all subdivisions and lot line adjustments
located within the appealab e area of the coastal zone that constitute development
as defined in Section 245. 4(J).
250.14 Map Requirements
A. Tentative and Final A tentative and final map shall be required for all
subdivisions creatin five or more parcels, five or more condominiums as defined
in Section 783 of th Civic Code, a community apartment project containing five
or more parcels, or for the conversion of a dwelling to a stock cooperative
containing five or more dwelling units. Exceptions as stated in Section 66426 of
the Subdivision ap Act shall comply with Subsection B.
B. Tentative and 'arcel Map. A tentative and parcel map shall be required for all
divisions of 1 d into four or fewer parcels and exceptions stated in Section 66426
of the Subdi ision Map Act. However parcel maps shall not be required for:
1. Sub 'visions of a portion of the operating right-of-way of a railroad
corioration, which are created by short-term leases terminable by either
patty on not more than 30 days' notice in writing.
2. and conveyed to or from a governmental agency,public entity or public
utility, or for land conveyed to a subsidiary of a public utility for conveyance
to such public utility for rights-of-way, unless a showing is made by the
Department in individual cases, upon substantial evidence,that public policy
necessitates a parcel map. If a parcel map is not required, the dedication or
` offer must be indicated by a separate instrument.
3. Lot line adjustments, provided:
a. No additional parcels or building sites are created;
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b. The resulting parcels conform to Titles 20-24 (Zoning) of this Code;
C. The lot"line adjustment shall not sever any existing structure on either
of the two parcels.
d. The lot line adjustment shall not allow a greater number of dwelling
units than allowed prior to the adjustment.
e. The lot line adjustment is approved by the Director or by the Planning
r Commission on appeal; and
f. A plat map showing the lot line adjustment is prepared, approved, and
filed in accord with the provisions of Section 253.24. '
4. Parcel maps waived by the Zoning Administrator as provided by Section
251.20.
C. Designation of Remainder Parcel. When a subdivision includes a remainder parcel
as provided in Section 66424.6 of the Subdivision Map Act, the remainder parcel
shall be in conformance with Titles 20-24 and shall require a Certificate of
Compliance as provided by Section 258.06.
250.16 Fees and Deposits
All persons submitting maps as required by this chapter shall pay all fees and/or deposits as
provided by this Title and by the City Council resolution establishing applicable fees and
charges.
SECTION 2. This ordinance shall become effective 30 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 day of , 2004.
Mayor
ATTEST: APPROVED AS TO FORM:
e
City Clerk �l s D City Attorney L
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Ardministrator Director of Planning
aNi
sit...
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