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Home My WebLink AboutAdd Public Easement to Definition of Ultimate Right of Way i IN THE Superior Court Aza �3 OFTHE O STATE OF CALIFORNIA In and for the County of Orange �3 PROOF OF PUBLICATION CITY OF HUNTINGTON BEACH+ City Clerk PUB. HEARING Amend... 83-6. State of California ) r'NOTTCEOF PUBLIC HEARING ~ ' County of Orange ) j CODE AMENDMENT 83-6 PUBLIC EASEMENTS JAMIE J.MMOORE DEFINITIONS OF ULTIMATE RIGHT-OF-WAY NOTICE IS HEREBY GIVEN that a That I am and at all times herein mentioned was a citizen of public hearing will be held by the City Council of the City of Huntington Beach, the United States,over the age of twenty-one years,and that I in the Council Chamber of the Civic Cen- ter,Huntington Beach,at the hour of 7:30 , am not a party to,nor interested in the above entitled matter; P.M.,or as soon thereafter as possible on ' that I am the principal clerk of the printer of the Monday the 2nd day of May,1983,for the , Purpose of considering Code Amendment : 1 No.83-6,a request by the City of Hunt- n 9700.19 HUNT.- BEACH IND. REV. �onlProvisonsach*to of thectHuntington 1 General Provisions of the Huntington. 4' a newspaper of general circulation,published in the City of i will add the ch hhrraaseC Publ Said Easseemenmedt t"1� the .definition of "Ultimate Right of Way."This amendment will be applicable HUNTINGTON BEACH (City-wide. ,. A copy of said amendment is on file in the County of Orange and which newspaper is published for the Department of Development Services. r disemination of local news and intelligence of a general charae- All interested Persons are invited ' g g attend as id hearing and express the ter, and which newspaper.at all times herein mentioned had opinions for or against said Code A. and still has a bona fide subscription list of paying subscribers, ment83-6. and which newspaper has been established,printed and pub- Further inffice of thline Citmayy be obtained" ' I p P from the office of the City Clerk,.2000 , lished at regular intervals in the said County of Orange for a Main Street,Huntington Beach,Canfor period exceeding one year;.that.the. notice, of which the DATED April DATED April 11,1983 S annexed is a printed copy, has been published in the regular CITY OF and entire issue of said newspaper,and not in any supplement HUNTINGTON BEACH By:Alicia M.Wentworth thereof,on the following dates,to wit City Clerk Pub.ADr.21,1983 Hunt R -1 r_: ) Apr. 219 1983 I certify(or declare)under penalty of perjury that the forego-. ing is true and correct- GARDEN GROVE' Dated at.. .... California,this 22nd day of JAMIE J. MOORE ?.tMue ........... - " REQUEST FOR CITY COUNCIL ACTION Date April 21, 1983 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator Q Prepared by: James W. Palin, Director of Development Services p Subject: CODE AMENDMENT NO. 83-6 Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: ° STATEMENT OF ISSUE: Transmitted for your consideration -is Code Amendmnet No. 83-6, a request by the City of Huntington Beach to amend Section 9700.19, General Pro- visions, of the Huntington Beach Ordinance Code to add the phrase "pub- lic easement" to the definition of "ultimate right-of-way. " This amend- ment will be applicable city-wide. RECOMMENDATION• The Planning Commission and the planning staff recommend that the City Council approve Code Amendment No. 83-6 and adopt the attached ordinance. ANALYSIS: Applicant: City of Huntington Beach Location; City-wide. within specific industrial districts. Request: An amendment .to Section 9700. 19, General Provisions, of the Huntington Beach Ordinance Code, which will add the phrase "public easement" to the definition of. "ultimate right-of-way. " Planning commission Action on, April 5, 1983 : ON MOTION BY LIVENGOOD AND SECOND BY ERSKINE, CODE AMENDMENT NO. 83-6 WAS APPROVED AS PRESENTED AND RECOMMENDED FOR ADOPTION BY THE CfiTY COUNCIL BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES; None ABSENT: None ABSTAIN: None DISCUSSION: Attached is Code Amendment No. 83-6, a revision to Section 9700. 19, General Provisions, of the Huntington Beach Ordinance Code. The major 0 P10 4/81 C.A. 83-6 April 21, 1983 Page 2 emphasis of this amendment is to clarify the definition of "ultimate right-of-way" as it pertains to the industrial zone. Pursuant to the Department of Public Works standard plans which were adopted by Resolu- tion No. 4620 in 1978, certain developments within the industrial districts were intended to be provided with a potential area for future sidewalks approximately five (5) feet wide. Therefore, the front yard setbacks-'in specific industrial areas were intended to be measured from a point behind any adjacent public easement used for walkways and utility purposes. This amendment would clarify the scope and meaning of "ultimate right-of-way" with respect to industrial districts throughout the City. ENVIRONMENTAL STATUS: Pursuant to Section 15101 of the California Environmental Quality Act, the subject request is categorically exempt from environmental review. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: The City Council may consider- denying Code Amendment No. 83-6, choosing to retain the current wording found in Section 9700. 19 of the ordinance code. SUPPORTING INFORMATION: 1. Planning Commission staff report dated April 5, 1983 2. Ordinance CWT:JWP:HZ:df 'CODE AMENDMENT- O n_-N ' 83-6 . - ?a, 2 MAY' BE' GENERALLY REFERRED TO AS : PUBLIC EASE- MENTS IN' CONJUNCTION,•WITH.`THE ULTIMATE RIGHT- .3 -OF-WAY. ,•.� z ! Ari'f:,:�' The •fol.�o�aing changes,". !proposed,' to `-<the' Huntington - .t5 Beach . Ordi•nance.„Code,_ the intent being, to clarify the,:front set--..v is«s61 .s` 6 back 'in the: industrial; zone'. 7 REPEALED None 8 AMENDED. .S, : 9700. 19 ; 16 S. . 9700. 19 Words beginning: with, the-,-letter. "U" shall have the following definitions.- '•�:, (a.)' Ultimate Right-of-Way- shall" mean,* the" latest. adopted•••maxi 13 mum width for any street, alley, ar. thoroughfare including . ,•;�a. •; 14 any adjacent pub2i c easement used ion a. waZk.wa1j and utility eazement 15 : ' e.6 tabZi.6 hed by the ele e -of-the .General "Plan; a precise plan '16 of:. streety alley, or private street-:alignment; Department of Public.- ` 17 'Works standard plans; or b recordation'i of• a final or 'parcel map. P y 'P ` 18 19 20 ;, ; •. 21Al 22 23 24 25 26. 28 YEA~ Ott Publish April 21 , 1983 NOTICE OF PUBLIC HEARING CODE AMENDMENT 83-6 PUBLIC EASEMENTS - DEFINITIONS OF ULTIMATE RIGHT-OF-WAY NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Monday the 2nd day of May 1983 for the purpose of considering Code Amendment No. 83-6, a request by the City of Huntington Beach to amend Section 9700.19, General Provisions of the Huntington Beach Ordinance Code. . Said amendment will add the phrase "Public Easement " to the definition of "Ultimate Right of Way." This amendment will be applicable City-wide. A copy of said amendment is on file in the Department of Development Services. All interested persons .are invited to attend said hearing and express their opinions for or against said Cnda AmPnrlmant A2-6 Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED April 11 , 1983 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk y NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING ITEM QF_ Aiszi4pawr NG ' 834; TO: CITY CLERK'S OFFICE DATE: 7- " FROM: 'p6yetol2rde r Scyyiets PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE _ DAY OF , -19 AP's are attached AP's will follow No AP's Initiated by: Planning Commission Planning Department. Petition * Appeal Other Adoption of Environmental Status (x) YES NO Refer to kwky r Planning Department - Extension for additional information. * If appeal, please transmit exact wording to be required in the legal. ,�,� 'Y. '" ` •tom_. .. ', .�"..4ti- CODE AMENDMENT." NO,: 83-6 . Ty_ r 2 MAY BE GENERALLY REFERRED .TO AS : PUBLIC EASE- i MENTS IN CONJUNCTION• WITH.`THE ULTIMATE RIGHT- 3 ` ; OF-WAY °`.; . The . fol owin chan es;' arej ro osed, to `:they Huntin ton:: '►5 Beach: Ordinance. Code,. the intent being; to clarify the;,front set- !: ,�� 6 back .in .the.''industrial'. zone. ` 7 44 REPEALED: "None• 8 AMENDED: S. . 9700. 19 r. 10 S. 9700. 19 Words beginning. with: the".letter.. "U" . shall have the following definitions . :12 (a)'. Ultimate Right-of-Way shall'.mean the' latest..adopted. maxi-., •`. 13 mum width for any street, alley, or thoroughfare inctuding;, .14 an y adjacent pubtic ea.a emen.t ud ed ion a. watkwaa and u,titity eaa eme,n.t 15 a,d e,s.tabti,6hed by the ,element .General 'Plan; a precise plan L '`�{I'' 'lf4.:3• 16 Qf: streety alley. or private street" ali nment; Department of Public., 17 Works standard laps; or recordation of. a final or arcel ma P Y p p' 18 19 :..� 20 21 22 }'. 23 t r � ..{ r e + trt {d 24 ^. •;:fir. . . �`'' "t.. r j�l, �3 ti w G, t25 Q� .t'_. 28 {. �xx JW r LEGAL NOTICE NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 83-6 NOTICE IS HEREBY GIVEN that a public hearing will be held ),4 Lrc by the City n-1 n-n 4 aq — W . of the City of Huntington Beach, California, for the purpose of considering Code Amendment No. 83-6, is a request by the City of Huntington Beach to amend Section 9700 . 19, General Provisions of the Huntington Beach Ordinance Code. Said amendment will add the phrase "Public Easement" to the definition of "Ultimate Right of way" .' This amendment will be applicable city wide. A copy of said amendment is on file in the Department of Development Services. Said hearing ^ wi�l7l be held at the hour of 7: 00 P.M. , on r -; i S i n Q K,& 2 --r- -- -• -- �- , in the Council Chambers Building of the Civic Center, 2000 Main Street, Huntington Beach, California. All interested persons are invited to attend said hearing and express their opinions for or against the proposed Code Amendment No. 83-6. Further information may be obtained from the City Planning Department. Telephone No. (714) 536-5271 DATED this } day of 1983 CITY PLANNING COMMISSION James W. Palin By Secretary