HomeMy WebLinkAboutOrdinance 3837 amending Chapter 12.37 of the Huntington Beac Huntington Beach Independent has been adjudged a newspaper of general
circulation in Huntington Beach and Orange County by Decree of the Superior
Court of Orange County, State of California,under date of Aug. 24, 1994,case
A50479.
PROOF OF
PUBLICATION
STATE OF CALIFORNIA )
SS. CITY OF
HUNTINGTON BEACH '
COUNTY OF ORANGE ) LEGALNOTICE
ORDINANCE NO.3837 I
Adopted by the City ;
Council on
I am the Citizen of the United States and a JULY ,2009
"AN ORDINANCE.ONCE_OF.THE
resident of the County aforesaid; I am over CITY OF HUNTING TOW,
BEACH .AMENDING.-,
the age of eighteen years, and not a art HUNTINGTON
R TON OF THE.
party HUNTINGTON .BEACH,;.
to or interested in the below entitled matter. MUNICIPAL CODE RE-.;.
EATING TO NEWSRACKS" l
I am a principal clerk of the HUNTINGTON SYNOPSIS: ,(
AS A RESULT OF THE
BEACH INDEPENDENT a news a er of SUCCESS E THE-
' p p DOWNTOWN NWSRACK_,
general circulation, printed and published in EFFORTS, THE COMMIT-,,
TEE DECIDED`TO IMPLE=
the City of Huntington Beach, Ciount of MENT SIMILAR DESIGN.;
Y CRITERIA FOR ALLNEW, ,
Orange, State of California and the SRAGKS CITYWIDE. THE,,
, COMMITTEE .MET IN,
attached Notice is a true and complete co FEBRUARY, AND APRIL•
I
N copy 2009 AND, DEVELOPED .
as was printed and published on the RECOMMENDATIONS;'
FOR 'CITYWIDE , NEW-,,,
following dates): SRAGKS. ALL NEW- ;
SRAGKS CITYWIDE (EX-,•
CLUDING DOWNTOWN)_.
WILL BE .SUBJECT TO:,
THIS ORDINANCE AND,"
TAKE ,EFFECT. OW AN--
AMORTIZED BASIS. AS ,
FOLLOWS: 1) ALL NEW-_
SRAGKS ON BEACH BOU-,,,
LEVARD BY SEPTEMBER,,,
30, 2009; 2) ALL�NEW_,-
SRACKS ON WARNER-'
Jul 16 2009 AND/OR EDINGER BY
y DECEMBER 31, 2009; 3)-',,,
ALC',REMAINING NEW- „
SRAGKS BY. MARCH, 31,
2010.
PASSEDAND ADOPTED.
by the,City;Council .of,,
the City of Huntington,;,;
Beach'at.a regular meet- ;
�Ing,held July 6,'2009 by-,;
the'following roll call
vote:
'AYES: C4chio, Dwyer,,,,
declare, under penalty of perjury, that the Bohr,Coerper,Hansen
NOES-None
foregoing is true and correct. ABSTAIN:None,
ABSENT:Green,Hardy
THE FULL TEXT OF THE,.,,-
ORDINANCE IS AVAIL—,
ABLE -IN THE CITY
CLERK'S OFFICE.
Executed on July 21, 2009 I This.ordinance iseffect"':
at Costa Mesa, California adoption, days after'
CITY OF
HUNTINGTON BEACH
2000'MAIN STREET
�HUNTINGTON BEACH;.�
CA 92648
�7� 14-536-536-5227 '
�., JOAN L.FLYNN,:
(gnat CITY CLERK
Published Huntington,,
Beach Independent July.,
16,2009 073=840-,
Council/Agency MeetingHeld: 6,
Deferred/Continued to: /
pr ve C nditi Ily ove ❑ enied Cit ature
Council Meeting Date: 6/15/2009 Department ID Number: PL 09-14
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUPPIL MEMBERS
SUBMITTED BY: FRED A. WILSON, CITY ADMINIST hVAA-)
PREPARED BY: SCOTT HESS, DIRECTOR OF PLANN
SUBJECT: APPROVE PROPOSED AMENDMENTS TO THE CITYWIDE
NEWSRACK ORDINANCE AND ADOPT A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING
A NEWSRACK COLOR SCHEME
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Transmitted for City Council consideration are amendments to
Newsrack Ordinance Chapter 12.37 in the Huntington Beach Municipal Code and a
resolution adopting a newsrack color scheme. The amendments and resolution are based
upon the Citywide Newsrack Committee recommendations.
Funding Source: Not applicable
Recommended Action: Motion to: ORDINANCE NO. 3837
(1) Approve the proposed amendments to Newsrack Ordinance Chapter 12.37 of the
Huntington Beach Municipal Code.
(2) Approve Resolution No. 2009-30 A Resolution of the City Council of the City of
Huntington Beach adopting a citywide newsrack color scheme.
Alternative Action(s):
Do not approve Resolution or proposed amendments to the existing Newsrack Ordinance.
J
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 6/15/2009 DEPARTMENT ID NUMBER: PL 09-14
Analysis: On August 20, 2007, City Council directed staff to form a committee to review
newsracks in the downtown. The newsrack workgroup consisted of city staff, downtown
business representatives, one Planning Commissioner, newspaper vendors, and one Design
Review Board (DRB) Member. Newspaper vendors included, but were not limited to, LA
Times, HB Independent, USA Today, OC Register, and OC Voice. The workgroup's primary
objectives were to reduce blight in the downtown, minimize public hazards, and enhance
aesthetics of the public right of way.
After several months of meetings, the committee approved recommendations for downtown
newsracks, including:
• Specific newsrack locations determined by workgroup
• A permit fee based on city-wide fee study to offset enforcement costs.
• Uniform newsracks and color, single tray and pedestal (using K-Jack Mini-view 100
or similar)
• No more than four units in a row, and no more than eight in a specific location
• Branding language for display window and advertising rack cards
On August 18, 2008, the City Council adopted these amendments to Newsrack Ordinance
Chapter 12.37 of the Huntington Beach Municipal Code and staff began the process of
implementing the new ordinance with the cooperation of the newspaper vendors. In January
2009, all newsracks in the downtown area were in compliance with the new ordinance.
As a result of the success of the downtown efforts, the Committee decided to implement
similar design criteria for all newsracks citywide. The Committee met in February and April
2009 and developed recommendations for citywide newsracks, including:
• A permit fee based on city-wide fee study to offset enforcement costs ($50 initial fee,
$15 annual renewal fee).
• Uniform newsrack dimensions, including single tray and pedestal (using K-Jack Mini-
view 100 or similar)
• Limited range of solid colors (brown, green, red, white, and blue)
• No more than four units in a row, and no more than eight (8) within two hundred
(200) feet in the same block
• Branding language for display window and advertising rack cards
• Amortized implementation to allow for manufacturing and installation of the new
racks citywide.
If City Council approves the Committee's recommendations, all newsracks citywide,
excluding downtown, will be subject to the proposed ordinance, resolution and recommended
standards. The new ordinance will be implemented and take effect on an amortized basis as
follows:
All newsracks on Beach Boulevard by September 30, 2009
• All newsracks on Warner and/or Edinger by December 31, 2009
• All remaining newsracks by March 31, 2010
-2- 6/8/2009 5:08 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 6/15/2009 DEPARTMENT ID NUMBER: PL 09-14
Strategic Plan Goal:
The proposed resolutions and ordinance amendments are consistent with Strategic Plan
Goal L-4, "Create an environment that promotes tourism to increase revenues to support
community services and transform the City's economy into a destination economy."
Environmental Status:
The proposed project is exempt from the provisions of the California Environmental Quality
Act (CEQA), pursuant to Section 15305, Class 5 of the CEQA, because the project
represents a minor alteration in land use limitations which do not result in any changes in
land use or density.
Attachment(s):
® -
1. Ordinance No. 3837 An Ordinance of the City of Huntington
Beach amending Chapter 12.37 of the Huntington Beach
Municipal Code relating to newsracks
2. Legislative Draft Chapter 12.37
3. Resolution No. 2ooA-jn A Resolution of the City Council of the
City of Huntington Beach designating a citywide newsrack color
scheme
4. PowerPoint: Citywide Newsracks Committee Recommendations
-3- 6/8/2009 5:08 PM
ATTACHMENT # 1
ORDINANCE NO. 3837
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 12.37 OF THE HUNTINGTON BEACH
MUNICIPAL CODE RELATING TO NEWSRACKS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 12.37.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
12.37.010 Definitions. Definitions as used in this section:
(a) "Newsracks" shall mean any self-service or coin-operated box, container, storage
unit or other dispenser, including the pedestal, installed, used, or maintained for
the display and sale of newspapers or new periodicals
(b) "Street" shall mean all that area dedicated to public use for public street purposes
and shall include, but not be limited to,roadways, parkways, alleys and
sidewalks
(c) "Roadway" shall mean that portion of a street improved, designed, or ordinarily
used for vehicular travel.
(d) "Parkway" shall mean that area between the sidewalks and the curb of any street,
and where there is no sidewalk, that area between the edge of the roadway and
the property line adjacent thereto. Parkway shall also include any area within a
roadway which is not open to vehicular travel.
(e) "Sidewalk" shall mean any surface provided for the primary use of pedestrians.
SECTION 2. Section 12.37.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
12.37.030 Registration of location.
(a) No person shall install or maintain any newsrack which in whole or in part rests
upon, in or over any public sidewalk or parkway without first obtaining a permit
from the Director of Planning or his designated representative after
providing the following
(1) The location of each newsrack to be installed or maintained in the City by the
application; and
(2) The name, address and telephone number of the applicant.
(b) No more than one notification shall be required per applicant, regardless of the
number of newsracks the applicant maintains in the City.
08-1758.002/33582 1
1
Ordinance No. 3837
(c) From the above information the Director of Planning or his designated
representative shall designate locations and shall be guided therein solely by the
standards and criteria set forth in Section 12.37.040 hereof. Such application
may be granted either in whole or in part when more than one location is
proposed by the applicant, and in any event, when denial is solely as to location,
it shall be without prejudice to amend such application to state a different
location or locations.
SECTION 3. Section 12.37.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
12.37.040 Standards for installation, maintenance and operation. Except as
otherwise provided in Section 12.37.045, any newsrack which in whole or in part
rests upon, in or over any public sidewalk or parkway shall comply with the
following standards:
(a) No newsrack shall exceed forty-eight(48) inches in height, thirty(30) inches in
width, or two feet in thickness.
(b) There shall be no more than four newsracks in a row and no more than a total of
eight in one location. There shall be a three-foot distance between newsrack
locations with more than four newsracks.
(c) All newsracks shall be a single metal pedestal newsrack with tray, Model K-Jack
100 Mini-view or similar type and shall use no more than two of the solid colors
of exterior powder coating as approved by Resolution of the City Council.
(d) The single metal pedestal base shall be sixteen(16) inches in height with a three
(3) inch square post and a ten(10) inch square plate mount. Mounts shall be
bolted in place on the sidewalk using half-inch metal drop-in anchor bolts.
(e) Newsracks shall only be placed pursuant to approval by the Director of Planning
or his designated representative near a curb or adjacent to the wall of a building.
Newsracks placed near the curb shall be placed no less than eighteen(18) inches
nor more than twenty-four(24) inches from the edge of the curb. Newsracks
placed adjacent to the wall of a building shall be placed parallel to such wall and
not more than six inches from the wall. No newsrack shall be placed or
maintained on the sidewalk or parkway opposite a newsstand or another
newsrack.
(f) No newsrack shall be chained, or otherwise attached to any property not owned
by the owner of the newsrack or to any permanently fixed object.
(g) Notwithstanding the provisions of subsection(b)of Section 12.37.020, no
newsrack shall be placed, installed, used or maintained:
(1) Within five (5) feet of any marked crosswalk
(2) Within fifteen(15) feet of the curb return of any unmarked crosswalk;
(3) Within five(5)feet of any fire hydrant, fire call box, police call box or other
emergency facility
(4) Within five (5) feet of any driveway;
08-1758.002/33582 2
Ordinance No.3837
(5) Within five (5) feet ahead of, and twenty-five (25) feet to the rear of any sign
marking a designated bus stop;
(6) Within six(6) feet of any bus bench;
(7) At any location whereby the clear space for the passageway of pedestrians is
impeded;
(8) Within fifty(50)feet of any other newsrack containing the same publication.
(h) Newsracks shall carry no advertising except the name of the newspaper or
periodical being dispensed on the bottom of the plastic hood and rack cards
contained in card pans, which are attached to and located on the front of the
newsrack, shall be limited to fifteen(15)inches in height,twenty-two (22) inches
in length and shall be limited to the display, sale, or purchase of the newspaper or
periodical being dispensed
(i) Each newsrack shall be maintained in a clean,neat and attractive condition and
in good repair at all time.
(j) Pay the annual permit fee as determined by Resolution of the City Council.
Permit to be renewed on an annual basis.
(k) No more than eight(8)newsracks shall be located on any public right-of-way
within a space of two hundred (200)feet in any direction within the same block
of the same street; provided,however,that no more than sixteen(16)newsracks
shall be allowed on any one (1)block. As used herein, "block" shall mean
one side of a street between two (2) consecutive intersecting streets.
In determining which newsracks shall be permitted to remain, the Director of
Planning, or his designated representative, shall be guided solely by the
following criteria:
(1) First priority shall be given to newsracks used for the sale of daily
publications (those published on five [5] or more days in a calendar week.
(2) Second priority shall be given to newsracks used for the sale of weekly
publications (those published on at least one but less than five [5] days in a
calendar week).
In the event that there is a conflict between newspapers within the same priority
seeking the same location, and there are insufficient newsrack spaces remaining
to accommodate the conflicting newspapers after first filling as many spaces as
possible by utilizing the criteria set forth above, then the Director of Planning or
his designated representative shall assign the space or spaces at random by
placing the names of all applicants for the remaining spaces at a location into a
container from which the names shall be drawn, one at a time until the particular
locations remaining number of unfilled newsracks has been filled. Such drawing
shall be open to the public at a time and date designated by the Director of
Planning or his designated representative.
(1) No person shall display or exhibit in any public newsrack or other display device,
any material which is defined by California Penal Code Section 313 as harmful
to minors unless such material is:
08-1758.002/33582 3
Ordinance No.3837
(1) displayed in an area from which minors are excluded and,
(2) is covered by a device, commonly known as a "blinder rack", such that the
lower two thirds(2/3) of the material is not exposed to view.
(m)No person shall display or exhibit in any public newsrack or other display device,
other than in locations from which minors are excluded, material which exposes
or exhibits to public view, any depiction of human genitalia,the pubic, or anal
region, or the breast of a female person other than a child under the age of
puberty, or any description, pictorial or otherwise, of explicit sexual acts, sexual
organs or excrement where such depiction or description has as its purpose or
effect sexual arousal or affront.
SECTION 4. Section 12.37.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
12.37.050 Newsracks identification required. Every person or other entity which
places or maintains a newsrack on the streets of the City of Huntington Beach shall
have his or its name, address and telephone number affixed thereto in a place where
such information may be easily seen. Prior to the designation of a location by the
Director of Planning or his designated representative,the applicant shall
present evidence of compliance with this section.
SECTION 5. Section 12.37.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
12.37.060 Newsrack violations.
(a) Any newsrack installed, used or maintained in violation of the provisions of this
article shall be tagged with a"notice of violation" stating the violation, date of
tagging, notice of intention to remove the newsrack if the violation is not
corrected within ten(10) days, and procedure for obtaining a hearing before the
Director of Planning or his designated representative, if desired.
(b) Notwithstanding subsection(a), in the case of violations of this article relative to
restrictions upon attachments of newsracks to property other than that owned by
the owner of the newsrack,to fixed objects, or to each other, and upon location
of newsracks, the Director of Planning-or his designated representative may, as
an alternative to tagging such newsrack, move, align, remove such attachment, or
otherwise move such rack or racks in order to restore them to a legal condition.
(c) Any newsrack which has been tagged and remains in violation of the provisions
stated on the tag past the ten-day(10) correction period, and no hearing has been
requested, said newsrack shall be removed by the Director of Planning or his
designated representative and stored in any convenient place. The Director of
Planning or his designated representative shall notify the owner thereof by
mailing a "notice of removal" to the last known address of the owner. Such
notice shall state the date the newsrack was removed,the reasons therefore, the
location and procedure for claiming the newsrack, and the procedure for
obtaining a post-removal hearing before the Director of Planning or his
designated representative, if desired. Any such newsrack removed and stored
pursuant to these provisions shall be released to the owner thereof if claimed
within forty-five (45) days after such removal and upon the payment of
08-1758.002/33582 4
reasonable charges of removal and storage therefor. Upon failure of the owner to
claim such newsrack and pay the reasonable charges within forty-five (45) days
after the mailing of written notice of removal, such newsrack shall be deemed to
be unclaimed property in possession of the Department of Planning and may be
disposed of pursuant to the provisions of this code.
(d) Any newsrack in violation of the provisions of this article, which violation
creates an immediate danger to the health, safety or welfare of the public,which
violation cannot be corrected my moving or otherwise reposition of the
newsrack, said newsrack may be summarily removed and stored in a convenient
location so as to eliminate the danger to the health, safety and welfare of the
public. The Director of Planning or his designated representative shall notify the
owner thereof by mailing a "notice of removal' to the last known address of the
owner. Such notice shall state the date the newsrack was removed, the reasons
therefor,the location and procedure for claiming the newsrack, and the procedure
for obtaining a post-removal hearing before the Director of Planning or his
designated representative, if desired. Any such newsrack removed and stored
pursuant to this subsection shall be released to the owner thereof if claimed
within forty-five (45) days after the mailing of written notice of removal and
upon the payment of reasonable charges of removal and storage.
SECTION 5. Section 12.37.070 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
12.37.070 Same, applicability. Except as otherwise provided for in Section
12.37.045, the provisions of this article shall apply to all newsracks, whether
installed and maintained prior to or after the effective date of any of the provisions
herein. Those newsracks installed prior to the effective date of any provision
enacted hereunder shall be brought into compliance with said provisions as follows:
(a) All newsracks on Beach Boulevard by September 30, 2009;
(b) All newsracks on Warner and/or Edinger by December 31, 2009;
(c) All remaining newsracks by March 31,2010.
Any newsrack not brought into compliance within the aforementioned time period
shall be deemed to be in violation of this article.
SECTION 7. Section 12.27.080 of the Huntington Beach Municipal Code is hereby deleted
in its entirety.
SECTION 8. Section 12.37.090 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
12.37.090 Hold. harmless. Every person or other entity which places or maintains a
newsrack on a public sidewalk or parkway in the City of Huntington Beach shall file
a written statement with the Director of Planning or his designated representative
which complies with the current City policy, rules and/or regulations on Hold
Harmless clauses.
SECTION 9. This ordinance shall become effective 30 days after its adoption.
08-1758.002/33582 5
Ordinance No. 3837
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 6 t h date of July , 2009.
Mayor
ATTEST: INITIATE AN PROVED:
ity Clerk Directo of Planning
REVIE D APPROVED:
APPII.OVED AS TO FORM:
Ci inistrator
ty Attorney Y , D 51►�o�t
08-1758.002/33582
Ord. No. 3837
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 regular
meeting thereof held on.Tune 15,2009, and was again read to said City Council at a
regular meeting thereof held on July 6, 2009, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Dwyer, Bohr, Coerper, Hansen
NOES: None
ABSENT: Green, Hardy
ABSTAIN: None
1,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 July 16,2009.
In accordance with the City Charter of said City
Joan L. Flynn City Clerk CV Clerk and ex-officio erk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #2
LEGISLATIVE DRAFT
ORDINANCE NO. 3837
Chapter 12.37
NEWSRACKS
(3015-9/89,3813-1/09)
Sections
12.37.010 Definitions
12.37.020 Prohibition
12.37.030 Registration of Location
12.37.040 Standards for Installation, Maintenance, and Operation
12.37.045 Downtown Newsracks
12.37.050 Newsracks Identification Required
12.37.060 Newsrack Violations
12.37.070 Same Applicability
12.37.090 Hold Harmless
12.3 7.100 Insurance.
12.37.010 Definitions. Definitions as used in this section:
(a) "Newsracks" shall mean any self-service or coin-operated box, container, storage unit or
other dispenser, including the bedestal. installed, used, or maintained for the display and sale
of newspapers or new periodicals. (3015-9/89)
(b) "Street" shall mean all that area dedicated to public use for public street purposes and shall
include,but not be limited to, roadways, parkways, alleys and sidewalks. (3015-9/89)
(c) "Roadway" shall mean that portion of a street improved, designed, or ordinarily used for
vehicular travel. (3015-9/89)
(d) "Parkway" shall mean that area between the sidewalks and the curb of any street, and where
there is no sidewalk, that area between the edge of the roadway and the property line adjacent
thereto. Parkway shall also include any area within a roadway which is not open to vehicular
travel. (3015-9/89)
(e) "Sidewalk" shall mean any surface provided for the primary use of pedestrians. (3015-9/89)
12.37.020 Prohibitions.
(a) No person shall install, use or maintain any newsrack or other structure which projects onto,
into or over any part of the roadway of any public street, or which rests, wholly or in part,
upon, along or over any portion of the roadway of any public street. (3015-9/89)
(b) No person shall install, use or maintain any newsrack which in whole or in part rests upon, in
or over any public sidewalk or parkway, when such installation, use or maintenance
endangers the safety of persons or property, or when such site or location is used for public
utility purposes, public transportation purposes or other governmental use, or when such
newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic,
including any legally parked or stopped vehicle, the ingress into or egress from any residence
or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or
other objects permitted at or near said location, or when such newsrack interferes with the
cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery. (3015-9/89)
Huntington Beach Municipal Code Chapter 12.37 Page 1 of 6
08-1758.002/31524
12.37.030 Registration of location.
(a) No person shall install or maintain any newsrack which in whole or in part rests upon, in or
over any public sidewalk or parkway without first obtaining a permit from the Director of
Rublie Wer-ks Planning or his designated representative after providing the following:
(3015-9/89)
(1) The location of each newsrack to be installed or maintained in the City by the application;
and (3015-9/89)
(2) The name, address and telephone number of the applicant. (3015-9/89)
(b) No more than one notification shall be required per applicant, regardless of the number of
newsracks the applicant maintains in the City. (3015-9/89)
(c) From the above information the Director of Publ e Aler-k Planning or his designated
representative shall designate locations and shall be guided therein solely by the standards
and criteria set forth in Section 12.37.040 hereof. Such application may be granted either in
whole or in part when more than one location is proposed by the applicant, and in any event,
when denial is solely as to location, it shall be without prejudice to amend such application to
state a different location or locations. (3015-9/89)
12.37.040 Standards for installation, maintenance and operation. Except as otherwise
provided in Section 12.37.045, aAny newsrack which in whole or in part rests upon, in or over
any public sidewalk or parkway shall comply with the following standards: (3015-9/89)
(a) No newsrack shall exceed forty-eight (48) inches in height, thirty(30) inches in width, or two
feet in thickness. (3015-9/89)
(b) All ne s eks will be bolted t the sidewalkper-City . .1._ iz n,�o.,&-9 Q There shall be no
more than four newsracks in a row and no more than a total of eight in one location There
shall be a three-foot distance between newsrack locations with more than four newsracks.
(c) All newsracks shall be a single metal pedestal newsrack with tray. Model K-Jack 100 Mini-
view or similar type and shall use no more than two of the solid colors of exterior powder
coating as approved by Resolution of the City Council.
d) The single metal pedestal base shall be sixteen (16) inches in height with a three (3) inch
square post and a ten (10) inch square plate mount. Mounts shall be bolted in place on the
sidewalk using half-inch metal drop-in anchor bolts.
(op
)Newsracks shall only be placed pursuant to approval by the Director of Publ e W, fks
Planning or his designated representative near a curb or adjacent to the wall of a building.
Newsracks placed near the curb shall be placed no less than eighteen (18) inches nor more
than twenty-four (24) inches from the edge of the curb. Newsracks placed adjacent to the
wall of a building shall be placed parallel to such wall and not more than six inches from the
wall. No newsrack shall be placed or maintained on the sidewalk or parkway opposite a
newsstand or another newsrack. (3015-9/89)
(df)No newsrack shall be chained, or otherwise attached to any property not owned by the owner
of the newsrack or to any permanently fixed object. (3015-9/89)
three newsr-aeks may be jained tegether-in th' ' id a spaee of tie less than eighteen
1141 ; l l 17 foo 1 ��L,00 o ..L� ff l,oa an�G_oiQa�
`1 8) 1nehes shall sepgr-eup .—�3o�
Huntington Beach Municipal Code Chapter 12.37 Page 2 of 6
08-1758.002/31524
(€g)Notwithstanding the provisions of subsection(b) of Section 12.37.020, no newsrack shall be
placed, installed, used or maintained: (3015-9/89)
(1) Within five (5) feet of any marked crosswalk; (3015-9/89)
(2) Within fifteen (15) feet of the curb return of any unmarked crosswalk; (3015-9/89)
(3) Within five (5) feet of any fire hydrant, fire call box,police call box or other emergency
facility; (3015-9/89)
(4) Within five (5) feet of any driveway; (3015-9/89)
(5) Within five (5) feet ahead of, and twenty-five (25) feet to the rear of any sign marking a
designated bus stop; (3015-9/89)
(6) Within six (6) feet of any bus bench; (3015-9/89)
(7) At any location whereby the clear space for the passageway of pedestrians is impeded;
(3015-9/89)
(8) Within fifty(50) feet of any other newsrack containing the same publication. (3015-9/89)
(gh) Newsracks shall carry no advertising except the name of the newspaper or periodical being
dispensed on the bottom of the plastic hood and rack cards contained in card pans, which are
attached to and located on the front of the newsrack, shall be limited to fifteen (15) inches in
height, twenty-two (22) inches in length and shall be limited to the display, sale, or purchase
of the newspaper or periodical being dispensed
(hi)Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair
at all time. (3015-9/89)
O Pay the annual permit fee as determined by Resolution of the City Council. Permit to be
renewed on an annual basis.
(ik)No more than eight (8) newsracks shall be located on any public right-of-way within a space
of two hundred (200) feet in any direction within the same block of the same street; provided,
however, that no more than sixteen (16)newsracks shall be allowed on any one (1) block. As
used herein, "block" shall mean bethone sides of a street between two (2) consecutive
intersecting streets. (3015-9/89)
In determining which newsracks shall be permitted to remain, the Director of Publie
WerksPlannin , or his designated representative, shall be guided solely by the following
criteria: (3015-9/89)
(1) Fifst pr-iafAy shall be given to newsr-aeks used for-the sale of pttblieafiens whieh have
(3015-9/89)
(21)Seeen First priority shall be given to newsracks used for the sale of daily publications
(those published on five [5] or more days in a calendar week) whieh have net been
,,djud ,a , b o of f t , „lati,., f r O e r rt (3015-9/89)
uu uu�cu�e.. �C �e iie`v"
(32)ThirdSecond priority shall be given to newsracks used for the sale of weekly publications
(those published on at least one but less than five [5] days in a calendar week) whieh have
(3015-9/89)
Huntington Beach Municipal Code Chapter 12.37 Page 3 of 6
08-1758.002/31524
In the event that there is a conflict between newspapers within the same priority seeking the
same location, and there are insufficient newsrack spaces remaining to accommodate the
conflicting newspapers after first filling as many spaces as possible by utilizing the criteria
set forth above, then the Director of P„i he Wefksplannin or his designated representative
shall assign the space or spaces at random by placing the names of all applicants for the
remaining spaces at a location into a container from which the names shall be drawn, one at a
time until the particular locations remaining number of unfilled newsracks has been filled.
Such drawing shall be open to the public at a time and date designated by the Director of
Publi ' Wo-ksPlannlnE or his designated representative. (3015-9/89)
01) No person shall display or exhibit in any public newsrack or other display device, any
material which is defined by California Penal Code Section 313 as harmful to minors unless
such material is: (3015-9/89)
(1) displayed in an area from which minors are excluded and, (3015-9/89)
(2) is covered by a device, commonly known as a "blinder rack", such that the lower two
thirds (2/3) of the material is not exposed to view. (3015-9/89)
(km) No person shall display or exhibit in any public newsrack or other display device, other
than in locations from which minors are excluded,material which exposes or exhibits to
public view, any depiction of human genitalia, the pubic, or anal region, or the breast of a
female person other than a child under the age of puberty, or any description, pictorial or
otherwise, of explicit sexual acts, sexual organs or excrement where such depiction or
description has as its purpose or effect sexual arousal or affront. (3015-9/89)
12.37.045 Downtown Newsracks. (3813-1/09)
(a) In addition to all other requirements of this chapter, the following regulations shall also apply
to all newsracks in the Downtown Specific Plan Boundary as described and defined in the
Zoning and Subdivision Ordinance. (3813-1/09)
(b) The City Council may from time to time adopt a resolution designating the number and
locations of newsracks in the Downtown Specific Plan Boundary. (3813-1/09)
(c) Any newsracks in the Downtown Specific Plan Boundary shall, in addition to all other
requirements of this chapter, comply with the following: (3813-1/09)
(1) Newsracks shall only be at the locations and in the numbers specified by resolution of the
City Council. (3813-1/09)
(2) There shall be no more than four newsracks in a row and no more than a total of eight in
one designated location. There shall be a three-foot distance between newsrack locations
with more than four newsracks. (3813-1/09)
(3) All newsracks shall be a single metal pedestal newsrack with tray, Model K-Jack 100
Mini-view or similar type, with a triangular top, four and three-fourths (4-3/4) inches high
and fourteen (14) inches deep. (3813-1/09)
(4) All newsracks including the triangular top, newsrack, tray, pedestal and pedestal base
shall use the RAL 6006 Code color exterior powder coating. (3813-1/09)
(5) The single metal pedestal base shall be sixteen (16) inches in height with a three (3) inch
square post and a ten (10) inch square plate mount. Mounts shall be bolted in place on the
sidewalk using half-inch metal drop-in anchor bolts. (3813-1/09)
(6) Newsracks shall not exceed thirty(30)inches in height, twenty-seven (27) inches in
width, and eighteen (IS) inches in depth(single deck only). (3813-1/09)
Huntington Beach Municipal Code Chapter 12.37 Page 4 of 6
08-1758.002/31524
(7) Newsracks shall carry no advertising except the name of the newspaper or periodical
being dispensed on the bottom of the plastic hood and racks cards contained in card pans,
which are attached to and located on the front of the newsrack, shall be limited to fifteen (15)
inches in height and twenty-two (22) inches in length and shall be limited to the display, sale
or purchase of the newspaper or periodical being dispensed. (3813-1/09)
(8) Pay the annual permit fee as determined by resolution of the City Council. Permit to be
renewed on an annual basis. (3813-1/09)
(9) First priority will be given to current newsrack permit holders in existing locations and
then priority will be given in accordance with the provisions of the chapter. (3813-1/09)
12.37.050 Newsracks identification required. Within thifty(30) days aftef this aft i ,
beeames ef€eetiN�eEvery person or other entity which places or maintains a newsrack on the
streets of the City of Huntington Beach shall have his or its name, address and telephone number
affixed thereto in a place where such information may be easily seen. Prior to the designation of
a location by the Director of Pttbl e wer-k or his designated representative, the applicant
shall present evidence of compliance with this section. (3015-9/89)
12.37.060 Newsrack violations.
(a) Any newsrack installed, used or maintained in violation of the provisions of this article shall
be tagged with a "notice of violation" stating the violation, date of tagging, notice of intention
to remove the newsrack if the violation is not corrected within ten (10) days, and procedure
for obtaining a hearing before the Director of n.,i he Wed or his designated
representative, if desired. (3015-9/89)
(b) Notwithstanding subsection(a), in the case of violations of this article relative to restrictions
upon attachments of newsracks to property other than that owned by the owner of the
newsrack, to fixed objects, or to each other, and upon location of newsracks, the Director of
n4 he WE)r- -s Planning or his designated representative may, as an alternative to tagging such
newsrack, move, align, remove such attachment, or otherwise move such rack or racks in
order to restore them to a legal condition. (3015-9/89)
(c) Any newsrack which has been tagged and remains in violation of the provisions stated on the
tag past the ten-day(10) correction period, and no hearing has been requested, said newsrack
shall be removed by the Director of Publ e)ALME or his designated representative
and stored in any convenient place. The Director of Dublie WeflE or his designated
representative shall notify the owner thereof by mailing a "notice of removal" to the last
known address of the owner. Such notice shall state the date the newsrack was removed, the
reasons therefore, the location and procedure for claiming the newsrack, and the procedure
for obtaining a post-removal hearing before the Director of Dublie We-ksEanning or his
designated representative, if desired. Any such newsrack removed and stored pursuant to
these provisions shall be released to the owner thereof if claimed within forty-five (45) days
after such removal and upon the payment of reasonable charges of removal and storage
therefor. Upon failure of the owner to claim such newsrack and pay the reasonable charges
within forty-five (45) days after the mailing of written notice of removal, such newsrack shall
be deemed to be unclaimed property in possession of the Department of Publ-ie
Works and may be disposed of pursuant to the provisions of this code. (3015-9/89)
(d) Any newsrack in violation of the provisions of this article, which violation creates an
immediate danger to the health, safety or welfare of the public, which violation cannot be
corrected my moving or otherwise reposition of the newsrack, said newsrack may be
summarily removed and stored in a convenient location so as to eliminate the danger to the
health, safety and welfare of the public. The Director of Dublie`x ofksPlannin or his
designated representative shall notify the owner thereof by mailing a "notice of removal" to
the last known address of the owner. Such notice shall state the date the newsrack was
Huntington Beach Municipal Code Chapter 12.37 Page 5 of 6
08-1758.002/31524
removed, the reasons therefor, the location and procedure for claiming the newsrack, and the
procedure for obtaining a post-removal hearing before the Director of Dublie Wofks lanning
or his designated representative, if desired. Any such newsrack removed and stored pursuant
to this subsection shall be released to the owner thereof if claimed within forty-five (45) days
after the mailing of written notice of removal and upon the payment of reasonable charges of
removal and storage. (3015-9/89)
12.37.070 Same, applicability. Except as otherwise provided for in Section 12.37.045, tThe
provisions of this article shall apply to all newsracks, whether installed and maintained prior to or
after the effective date of any of the provisions herein. Those newsracks installed prior to the
effective date of any provision enacted hereunder shall be brought into compliance with said
provisions within thifty(30) days of the off etive date *her-ee :as follows:
(a) All newsracks on Beach Boulevard by September 30, 2009;
(b) All newsracks on Warner and/or Edinger by December 31, 2009;
c) All remaining newsracks by March 31, 2010. (3015-9/89)
Any newsrack not brought into compliance within the aforementioned time period shall be
deemed to be in violation of this article. (3015-9/89)
enalt
not exeeeding five hundfed dellafs ($500) f6f eaeb additional offense within one . �T
3a4G_oiQo
3Q�3/0 )
12.37.090 Mold harmless. Every person or other entity which places or maintains a newsrack
on a public sidewalk or parkway in the City of Huntington Beach shall file a written statement
with the Director of p4 he Wer-k Planning or his designated representative which complies with
the current City policy, rules and/or regulations on Hold Harmless clauses. (3015-9/89)
12.37.100 Insurance. The City requires every person or other entity which places or maintains
a newsrack on a public sidewalk or parkway in the City of Huntington Beach to provide
insurance as required by current City policy, rule and/or regulations. (3015-9/89)
Huntington Beach Municipal Code Chapter 12.37 Page 6 of 6
08-1758.002/31524
ATTAC H M E N T #3
RESOLUTION NO. 2009-30
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ESTABLISHING SOLID COLORS FOR
ALL NEWSRACKS IN THE CITY OF HUNTINGTON BEACH
OUTSIDE THE DOWNTOWN SPECIFIC PLAN BOUNDARY
WHEREAS, on August 18, 2008, the City Council adopted Ordinance No. 3813
amending Newsrack Ordinance 12.37 of the Huntington Beach Municipal Code and Resolution
2008-52 designating the number and location of newsracks in the Downtown Specific Plan
Boundary. In doing so, the City also designated and approved RAL 6006 Code Color Exterior
Powder Coating for all newsracks in the Downtown Specific Plan Boundary; and
On July 06 , 2009, the City Council adopted Ordinance No.
3837 amending Newsrack Ordinance 12.37 of the Huntington Beach Municipal Code to
provide more uniformity in the grouping and appearance of newsracks throughout the City. In
doing so, the City also determined all newsracks, except those in the Downtown Specific Plan
Boundary, shall use the solid colors of exterior powder coating as approved by Resolution of the
City Council.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. All newsracks in the City, except those in the Downtown Specific Plan Boundary,
shall be no more than two of the following solid colors: green, brown, white, blue or red exterior
powder coating.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15th day of June , 20 09
s
oe Mayor
REVIEW APPROVED: Ti
ED AS TO FORM:
City A ini rator rn y
INITI ED APPROVED:
Dire or of arming
08-1758.002/33537
Res. No. 2009-30
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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on June 15, 2009 by the following vote:
AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy
NOES: None
ABSENT: Hansen
ABSTAIN: None
91
City Jerk and ex-officio d9rk of the
City Council of the City of
Huntington Beach, California
ATTAC H M E N T #4
Citywide Newsracks Committee
Recommendations
Amendments to HBMC 12.37 and
Adoption of Permit Fee and Color
Scheme
June 15, 2009
Request
L
o Approve the proposed amendments to
ewsr ck Ordinance Chapter 12 . 37 of the
Huntington Beach Municipal Code .
o Approve the Resolution adopting citywide
newsrack color scheme .
o Approve the Resolution adopting a citywide
newsrack permit fee
Background
`$ o Au ust 2 , 2007f City Council directed staff
to Or a committee to review newsracks in
the downtown
o Newsrack workgroup consisted of city staff,
downtown usi ness representatives, one
Planning Commissioner, newspaper
vendors, and one Design Review Board
( DRB) Member.
o Primary objectives were to reduce blight In
the downtown , minimize ize public hazards,
and enhance aesthetics of the public right
f way .
Background
` o The committee approved recommendations
for downtown newsracks, including :
Specific newsrack locations determined by
workgroup
A permit fee based on city-wide fee study
to offset enforcement costs.
Uniform newsrack dimensions and color,
( using K-Jack Mini -view 100 or similar)
No more than four units in a row, and no
more than eight in a specific location
Branding language for display window and
advertising rack cards
Background
o On August 18, 2008, the City Council
adopted these amendments to Newsrack
Ordinance Chapter 12 . 37 of the Huntington
Beach Municipal Code
o Downtown newsracks were in compliance
with the new ordinance by January 2009
o based on downtown success, the
Committee decided to implernent similar
design criteria for all newsracks citywide .
Background
o The committee developed recommendations for
4j citywide newsracks, including
A permit fee based on citywide fee study to Offset
:a costs ($50 initial fee 15 annual renewal fee) .
f.
3
°f A Uniform newsrack dimensions (using K-Jack Mini-
view 100 or similar)
Limited range of solid colors (brown, green , red ,
white, and blue)
No more than 4 units in a row, and no more than 8
within 200 feet in the same block
Branding language for display window and
advertising rack cards
Amortized implementation to allow for
manufacturing and installation
Background
®del -Jack Mini View 100 ®r similar
t
r
a,.
Afows
48
10; '"
4$, r
Background
o If City Council approves the Committee's
recommendations,, the new Ordinance will
e implemented as follows :
f , All newsracs On Beach Boulevard by
y• .j
September 30,, 2009
All newsracs on Warner and/or Edinger
y December 31 , 2009
All remaining ne sr cks by
March 31 , 2010
Recommendation
o Staff recommends the City Council :
Approve the proposed amendments to
Newsrack Ordinance Chapter 12 . 37 of
the Huntington Beach Municipal Code .
Approve the Resolution adopting a
citywide newsrack color scheme .
RCA ROUTING SHEET
INITIATING DEPARTMENT: Planning Department
SUBJECT: Citywide Newsrack Recommendations
COUNCIL MEETING DATE: June 15, 2009
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached
Not Applicable ❑
Contract/Agreement (w/exhibits if applicable) Attached. ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (If applicable) Attached
t Applicable
Commission, Board or Committee Report (if applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION-FOR MISSING ATTACHMENTS
F �
REVIE,VED S&' a ` RETURNED FOR ARDED
Administrative Staff
Deputy City Administrator
City Administrator (Initial)
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
m e . Jille
RCA Author: B.Zylla X5274
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council
of the City of Huntington Beach, in the Council Chambers of the Civic Center,
Huntington Beach, located at 2000 Main Street, at the hour of 6:00 PM, or as
soon as possible thereafter on Monday, the 15th of June; 2009, for the purpose of
considering an Amendment of Chapter 12.37 of the Huntington Beach Municipal
Code relating to Newsracks establishing design criteria for newsracks citywide;
for the purpose of considering the Adoption of a Resolution amending the
Comprehensive Fee Schedule for City User Fees creating an initial fee and an
annual renewal fee for Newsracks citywide; and for the purpose of considering
the Adoption of a Resolution establishing a Newsrack Color Scheme.
The amendments and resolutions to be considered are necessary to reduce
blight, minimize public hazards, and enhance aesthetics of the public right of
way, recover the enforcement costs of Chapter 12.37 of the Huntington Beach
Municipal Code, and fall under the responsibility of the Planning Department.
NOTICE IS FURTHER GIVEN that at least one copy of the proposed Ordinance
and proposed resolutions are on file in the Office of the City Clerk, 2000 Main
Street, Huntington Beach, California, for inspection by the public.
All interested persons are invited to attend to express their opinions for, or
against, the proposed amendments and resolutions with written or oral
comments. Written communications to the City Council should be mailed to the
Office of the City Clerk at the address below. Further information may be
obtained from the Planning Department, 2000 Main Street, Huntington Beach,
CA, 92648-2702 (telephone number (714) 536-5271).
ALL INTERESTED PERSONS are invited to attend said hearing and express
opinions or submit evidence for or against the proposed amendments and
resolutions listed above. If you challenge the City Council's action in court, you
may be limited to raising only those issues you or someone else raised at the
public hearing described in this notice, or in written correspondence delivered to
the City at, or prior to, the public hearing. If there are any further questions,
please call the Planning Department at 714-536-5271 and refer to the above
items. Direct any written communications to the City Clerk,
Joan L. Flynn, City Clerk
City of Huntington Beach
nd
2000 Main Street, 2 Floor
Huntington Beach, California 92648
(714) 536-5227
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HB Independent LA Times OC Register
1375 Sunflower 13971 Yorba Avenue 17777 Newhope Street
Costa Mesa, CA 92626 Chino, CA 91710 Fountain Valley, CA 92708
Tricia Delaney Jennifer Shaw Jim Sparling
OC Weekly Real Estate Book Homes & Land
5838 San Fernando Road "D" 6475 E. Pacific Coast Highway 4521 Campus Drive#364
Glendale, CA 91202 Long Beach, CA 90803 Irvine, CA 92612
Stacie Wortham Tang Joe Rodriguez Thomas Gallant
USA Today Recycler, Cars Around the River
18 Centerpointe Drive#110 331 S. State College 1740 E. Gardener
La Palma, CA 90623 Fullerton, CA 92831 Fort Mohave, AZ 86426
Joan Holcomb Anthony Maes Virginia Jauregui
Christian Science Monitor Apartment Magazine Jobs Magazine
810 Olive Street 3190 Airport Loop Ste. J2 331 S. State College
Huntington Beach, CA 92648 Costa Mesa, CA 92626 Fullerton, CA 92831
Jerry Duarte Larry Ellis Mike White
Employment Guide Employees Wanted RoomSaver.com
8282 White Oak, Ste 108 2710 W. Ball Road, Ste. 1221 4205 NW 6th Street
Rancho Cucamonga, CA 91730 Phoenix, AZ 85053 Gainesville, FL 32609
David DeAro Laura Ramage-Lemansky Pedro Rojas
Apartments for Rent Apartment Guide La Opinion
18251 McDurmott West, Ste. B 2381 E. Winston Road 700 S. Flower Street, Ste 3 000/3 100
Irvine, CA 92614 Anaheim, CA 92806 Los Angeles, CA 90017
LA Xpress
1545 N. La Brea Avenue
Hollywood, CA 90028
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CITY COUNCIL/REDEVELOPMENT AGENCY
PUBLIC HEARING REQUEST FORMA
MEETING DATE: c� /S c
SUBJECT: V'��Q
DEPARTMENT:
CONTACT NAME: �Le, PHONE:—!;
N/A YES NO
( ) (i.,,j ( ) Is the notice attached?
( ) (✓j ( ) Do the heading and closing of the notice reflect a hearing before the City
Council and/or Redevelopment Agency?
Are the date, day and time of the public hearing correct?
If an appeal, is the appellant's name included in the notice?
If Coastal Development Permit, does the notice include appeal language?
(✓f ( ) ( ) Is there an Environmental Status to be approved by Council?
wl ( ) ( ) Is a map attached for publication?
( ) ( ) ( ✓f Is a larger ad required? Size
( ) ( ( ) Is the verification statement attached indicating the source and
accuracy of the mailing list?
(✓� ( ( ) Are the applicant's name and address part of the mailing labels?
(✓� ( ) ( ) Are the appellant's name and address part of the mailing labels?
( ( ) ( ) If Coastal Development Permit, is the Coastal Commission part of the
mailing labels?
(✓� ( ) ( ) If Coastal Development Permit, are the resident labels attached?
(►�' ( ) ( ) Is Summary Report 33433 attached? (Redevelopment Agency items only)
What is the minimum number of days from publication to hearing date? 1 O
What is the minimum number of times to be published?
What is the specified number of days between publications?
FOR ADMINISTRATION ARID CITY CLERK USE ONLY
Approved for publi hearing Date noticed newsp er
�- �- ° o
Date publisred Date notices aile
Zo
RCA Process Training Manual 10-05-06 -24-
NOTICE OF CORRECTION
REGARDING NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
PRIOR NOTICE WAS GIVEN that a public hearing would be held by the City
Council of the City of Huntington Beach, in the Council Chambers of the Civic
Center, Huntington Beach, located at 2000 Main Street, at the hour of 6:00 PM,
or as soon as possible thereafter on Monday, the 15t" of June, 2009, for the
purpose of considering an Amendment of Chapter 12.37 of the Huntington Beach
Municipal Code relating to Newsracks establishing design criteria for newsracks
citywide; for the purpose of considering the Adoption of a Resolution amending
the Comprehensive Fee Schedule for City User Fees creating an initial fee and
an annual renewal fee for Newsracks citywide; and for the purpose of
considering the Adoption of a Resolution establishing a Newsrack Color Scheme.
NOTICE IS NEARBY GIVEN that a public hearing will not be held regarding the
above mentioned items. Instead, the City Council of the City of Huntington
Beach, as part of their regular public meeting, at the location, date, and time
indicated above, will consider the Amendment of Chapter 12.37 of the Huntington
Beach Municipal Code relating to Newsracks, establishing design criteria for
newsracks citywide; and consider the Adoption of a Resolution establishing a
Newsrack Color Scheme.
The amendments and resolution to be considered are necessary to reduce blight,
minimize public hazards, and enhance aesthetics of the public right of way,
recover the enforcement costs of Chapter 12.37 of the Huntington Beach
Municipal Code, and fall under the responsibility of the Planning Department.
NOTICE IS FURTHER GIVEN that at least one copy of the proposed Ordinance
and proposed Resolutions are on file in the Office of the City Clerk, 2000 Main
Street, Huntington Beach, California, for inspection by the public.
Further information may be obtained from the Planning Department, 2000 Main
Street, Huntington Beach, CA, 92648-2702 (telephone number (714) 536-5271).
Direct any written communications to the City Clerk,
Joan L. Flynn, City Clerk
City of Huntington Beach
nd
2000 Main Street, 2 Floor
Huntington Beach, California 92648
(714) 536-5227
C:\Documents and Settings\esparzap\Local Settings\Temporary Internet
Files\OLK15B\090615 (Newsracks rvsd).doc
Huntington Beach Independent has been adjudged a newspaper of general
circulation in Huntington Beach and Orange County by Decree of the Superior
Court of Orange County, State of California,under date of Aug. 24, 1994, case
A50479.
PROOF ®F
PUBLICATION
STATE OF CALIFORNIA )
SS. 'NOTICE OF PUBLIC HEARING
COUNTY OF ORANGE ) BEFORE THE CITY COUNCIL.
OF THE CITY OF
HUNTINGTON BEACH air interested'pe�sohs
NOTICE IS HEREBY ; 'are invited to attend to
am the Citizen of the United States and a
GIVEN that a ;public (express their opinions
resident of the County aforesaid I am over hearing will be held by ftr, or against, the pro-
the City Council of the i
the age of eighteen ears and not a art City of Huntington posed amendments and
g g Y party Beach, in the Council for oral c s with written
or oral comments. Writ-
to or interested in the below entitled matter. Chambers of the Civic f ten, communications to
Center; Huntington the City Council should
am a principal clerk of the HUNTINGTON Main Street, at the hour !,of
be mailed to the Office
BEACH INDEPENDENT a newspaper of of 6:00 PM,'or as soon I of the City Clerk ur the
as,possible thereafter on I' 8ddrma below. Further
general circulation printed and published in Monday; the 15th of information may be ob
, p June, 2009, for the ur-.� tained-from the Planning
the City of Huntington Beach Count of p !Department, nti Main.
pose of considering.an,i Street, Huntington
Y g Y Amendment of Chapter. Beach, CA, 92648-2702.
Orange State of California and the 12.37 of the Huntington (telephone number
> > Beach Municipal. Code,( (714)536-5271).
relating to Newsracks I ALL INTERESTED PER-
attached Notice is a true and complete copy establishing design trite- SONS are invited to at-
as was printed and published on the ria for newsracks city- tend said hearing and
wide;for the purpose of express opinions or sub-
following date(s): con"sidenn the Adoption I'
g p mit evidence for or
o f a Resolution against the proposed
amending the Compre- amendments and res-'
i hensive Fee Schedule for volutions listed above. If
City User.Feeg creating kyou challenge the City
pan initial fee and, an !Council's action .in
annual renewal fee for icourt, you may be
Newsracks citywide;and ,limited to raising only
Ifor the purpose of con- ithose issues you or
sidering the Adoption of someone else.raised at '
June4 2009 a Resolution establishing ithe public hearing de-
June Newsrack' Color hsuibed in this notice,or
�Scheme. i'n, written corre,-
The amendments and spondence delivered_to I
resolutions to be consid- the City at, or prior to,
ered are necessary to the public hearing. If
reduce blight, minimize I there are any further
public hazards, and en. questions, please call
hance aesthetics of the the Planning Department
public right of way. re- at 714-536-5271 and re-
cover the .'enforcement .i fer to the above items.
costs of Chapter 12.37 ! Direct any,written com-
of the Huntington Beach munications to the City
declare, under penalty of perjury, that the Municipal Code, and fall I Clerk,
foregoing IS true and Correct. under the responsibility I Joan L.Flynn,City Clerk
g g of the Planning Depart- ! City of Huntington
ment. Beach
NOTICE IS FURTHER 2000 Main Street,
GIVEN that at least one ! 2nd Floor
copy of,the ,proposed i Huntington Beach,
Executed on June 4, 2009 Ordinance and proposed Cal(714)r536-52 7
resolutions are on file in (714)536-5227
the Office of the City Published Huntington
at Costa Mesa, California I Clerk, 2000 Main Street, Beach Independent'
Huntington Beach, Cali- June 4,2009 061-706
fornia, for inspection by
;thegublic. _,_-__
Signatur
Huntington Beach independent has been adjudged a newspaper of general
circulation in Huntington Beach and Orange County by Decree of the Superior
Court of Orange County,State of California,under date of Aug.24, 1994,case
A50479.
PROOF OF
PUBLICATION
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE ) rNOTICEOF PUBLIC HEARING
BEFORE THG(ITY COUNCIL I
j OF THE CITY OF
I am the Citizen of the United States and a HUOFT THE
F
ACH
resident of the County aforesaid; I am over i NOTICE IS HEREBY All interested-persons`
the age of eighteen ears and not a art GIVEN that a public I are invited to attend to
I hearing will be held by I express ,their opinions
g g years, party ithe City Council of the Ifor, or against, the pro-
to or interested in the below entitled matter. city of Huntington posed amendments and
Beach in the Council resolutions with_written
am a principal clerk of the HUNTINGTON Chambers of the Civic to oral comments. writ-
p p Center, Huntington' ten communications toI
BEACH INDEPENDENT a newspaper of (Beach, located at 2000 Ithe City Council should
be mailed to.the Office
general circulation printed and published in Main Street,at the hour
!of 6:00 PM, or as soon of the City Clerk at the J
' las possible thereafter on address below.'.Further
the Cityof Huntington Beach Count of Monday, the 15th of information may be ob-
' y June, 2009„for the pur- tained from the Planning
Orange, State of California, and the pose of considering an Department, 2000 Main
Street, Huntington
attached Notice is a true and complete co Amendment of Chapter
12.37 of the Huntington Beach, CA, 92648-2702
p copy Beach Municipal Code ('telephone number
as was printed and published on the relating to ,Newsracks (714)536-5271)
establishing design crite- ALL INTERESTED PER
following date(s): ria for newsracks city- SONS are invited to at-
wide;,for the purpose of tend said hearing and
considering the Adoption express opinions or sub-
of a R e s o I u t on mit evidence for or
amending the Compre= against. the. proposed
j hensive Fee Schedule for' amendments and res
City User Fees creating olutions listed above. If
an initial tee and an you challenge the City
annual renewal fee for Council's action in
Newsracks citywide;and (court; you may be
June 4 2009 (for the purpose of con- 'limited to raising only
, sidering the Adoption of
those issues you or
a'Resolution establishing isomeone else raised at
a Newsrack Color the public .hearing de-
Scheme., scribed in this notice, or
The. amendments and in .written . cor•re-
�resolutions to be consid- (spondence delivered to
ered are necessary to (the City at, or prior to,
reduce blight," minimize !the public hearing. if
public hazards, and en there are any further
hance aesthetics of,the questions, , please call
public right of way, re- the Planning Department
cover the enforcement at 714-536-5271 and're-
I declare, under penalty of perjury, that the costs of Chapter 12.37 fifer to the above items.
of the Huntington,Beach Direct any written com-
fore oin is true and correct. munications to the City
g g Municipal Code, and fall
under the responsibility Clerk,
of the Planning Depart- Joan L.Flynn,City.Clerk
ment. City of Huntington
NOTICE IS FURTHER Beach
Executed on June 4 2009 (GIVEN that at least one 2000 Main 2ndFloStreet,
COPY of the proposed Huntington Beach,
Ordinance and.proposed
resolutions are on file California 92648
at Costa Mesa, California
the Office .of.the City (714)536-5227
Clerk, 2000 Main Street, Published Huntington
Huntington Beach, Cali- Beachlndependent
fornia, for inspection by June 4,2009 061-706'
the public.
Signatur