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HomeMy WebLinkAboutOrdinance #3690 ORDINANCE NO. 3690 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 250 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO GENERAL PROVISIONS —MAP REQUIREMENTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 250 of the Huntington Beach Zoning and Subdivision Ordinance entitled General Provisions is hereby amended by amending Section 250.14, said section to read as follows: 250.14 Map Requirements A. Tentative and Final Map. A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the 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 Map Act shall comply with Subsection B. B. Tentative and Parcel Mgp. A tentative and parcel map shall be required for all divisions of land into four or fewer parcels and exceptions stated in Section 66426 of the Subdivision Map Act. However parcel maps shall not be required for: 1. Subdivisions of a portion of the operating right-of-way of a railroad corporation, which are created by short-term leases terminable by either party on not more than 30 days' notice in writing. 2. Land 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, 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 Commission on appeal; and (3530-2/02) f. A plat map showing the lot line adjustment is prepared, approved, and fled in accord with the provisions of Section 253.24. or&04zoning/chap 250 11-04 1 Ordinance 3690 4. Parcel maps waived by the Zoning Administrator as provided by Section. 251.20. 5. Subdivision of property with two to four apartment or stock cooperative units that were converted to and sold as condominium units without approval of a conditional use permit and tentative parcel map prior to June 1,2004, provided: a. Sale of condominium units is evidenced by recorded documents; b. No dedications or improvements are required by the Zoning and Subdivision Ordinance; c. Covenants, conditions, and restrictions (CC&Rs) are recorded at the County of Orange; d. A plat map showing the condominium subdivision is prepared, approved by the City Engineer, and recorded at the County of Orange; e. A conditional use permit is approved pursuant to Section 235.04 and.a Certificate of Compliance is issued by the Director and recorded at the County of Orange. 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. 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 6 th day of December 2004. Ar ATTEST: APPROVED AS TO FORM: �r City der City Attorney YY REVIEWED AND APPROVED: TNI TED AND APPROVED: City Wdministrator Director of Planning ord/04zoning/chap 250 11-04 2 Ord. No. 3690 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L_ FLYNN, 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 r. egular meeting thereof held on the 29th day of November, 2004, and was again read to said City Council at a re ular meeting thereof held on the 6th day of December,2004, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,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 Fountain Valley Independent on December 16,2004. In accordance with the City Charter of said City Joan L. Flynn, Qi1y Clerk CIU Clerk and ex-officio Werk Deputy city Clerk of the City Council of the City of Huntington Beach, California