HomeMy WebLinkAboutAgricultural Uses and Wholesale Nurseries in the (RA) Reside Affidavit of Polication �OUNGIL
PROVED .L- rvtTY
'State of California AP �f
County of Orange ss �_• 19-1
City'of Huntington Beach -�
George Farquhar, being duly sworn on oath, says: That he is a ~
citizen of the United States, over the age of twenty-one years.
CLERK
That he is the printer and publisher of the Huntington Beach ---- -_---
.................•G1TY
News, a weekly newspaper of general circulation printed and pub-
lished in Huntington Beach, California and circulated in the said
County of Orange and elsewhere and published for the dissemination
of local and other news of a general character, and has a bona fide �(u
subscription list of paying subscribers, and said paper has been
established, printed and published in the State of California, and
County of Orange, for at least one year next before the publication
of the first insertion of this notice; and the said newspaper is not
devoted to the interest of, or published for the entertainment of any
particular class, profession, trade, calling, race or denomination, or
any number thereof.
The Huntington Beach New was adjudicated a legal newspaper
of general circulation by Judge G. K. Scovel in the Superior Court
of Orange County, California August 27th, 1937 by order No. A-5931.
Published Huntington Beach News Ap
12, 1973.
That the CODE AMENDMENT 73-5 NOTICE OF PUBLIC HEARING
CODE AMENDMENT 73-5
NOTICE IS HEREBY GIVEN that a pqb-�
lic hearing will be held by,the -City
of which the annexed is a printed copy, was published in said news- I council of the City of Huntington Beach,
in the Council Chamber of the Civic1
Center, Huntington Beach, at the hour
paper at least One issue of 7:00 P.M., or as soon 'thereafter as
Possible,, on Monday the 7th day of
May, 1973, for the purpose of consider-
ing Code Amendment No, 73.5 initiated
commencing from the 12th day of April by the City Planning Commission, to
permit agricultural uses and wholesale
nurseries in the RA Residential Agricul-I
19?3, and ending on the 12th day of April tural zone, subject to the approval of al
use permit by the Board.of zoning Ad-i
justments.
All interested persons are invited tol
1923— both days inclusive, and as often during said period and attbnd said hearing land express their,
times of publication as said paper was regularly issued, and in the opinions for or against said Code Amend•
ent. ,
regular and entire issue of said pewspaper proper, and not in a mFurther -information may he obt8ined�
supplement, and said notice was published therein on the following
from the Office of the City Clerk.
dates, to-wit: DATED: 4/9/73
CITY OF HUNTINGTON BEACH
Ai2r. 12, 1923 By,Ernestina Di Fat)io
Acting City Clerk
P blisher
Subscribed and sworn to before me this 13 th day of
A rb i 1 , 1973_.
Notary Public
Orange County, California
THOMAS D. WYLLIE
Nodary Public-California
m Orange County
My Commission Expires
�" Septemiber 12, 1974
Beach Planning Commission J
Huntington eac g
P.O. BOX 190 CALIFORNIA 92648 .
TO: Honorable Mayor and City Council
FROM: Planning Commission
DATE : April 16, 1973
RE : CODE AMENDMENT NO. 73-5
Code Amendment No. 73- 5 proposes to permit agricultural
uses and wholesale plant nurseries in the RA Residential
Agricultural zone subject to the approval of a use permit
by the Board of Zoning Adjustments .
The Planning Commission held a public hearing on April 3 ,
1973 and the code amendment was approved by the following
vote :
AYES : Bazil , Kerins , Wallin, Higgins , Geiger, Porter, Boyle
NOES : None
ABSENT: None
The State Planning Act requires that a public hearing be
held by the City Council after which the proposed amend-
ment may be adopted by ordinance .
Supporting Information Submitted Herewith:
1. Code Amendment No. 73- 5
2 . Staff Report
Information to be Submitted at the Public Hearing :
1. Staff Comments
Respectfully submitted,
K. A. Reynol s
Secretary
KAR:bwo
attach.
Publish 4/12/73
Postcards p
NOTICE OF PUBLIC HEARING
conE ha m= 73-5
7
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
7:00 P.M. , or as soon thereafter, as possible, on Monday
7�
the day of May 19 73 , for the purpose of
considering a Code Amendment No. 73-5 initiated by the City Planning
Commission, to permit agricultural uses and wholesale nurseries in
the RA Residential Agricultural zone, subject to the approval of a
use permit by the Board of Zoning Adjustments..
All interested persons are invited to attend said hearing and
express their opinions for or against said Code Amendment ,
Further information may be obtained from the Office of the City
Clerk.
DATED: 409/73 CITY OF- HUNTINGTON BEACH
By: OACXag
Ernestina Di Fabio
Acting City Clerk
A
City Clerk
City of Huntington Beach
The Huntington Beach Planning Commission, at their regular/aadj•ourmM
meeting held [� � / 973 , recommended /
If approval has been recommended, the City Council will be required to
hold a public hearing on this matter. Although there is a 10 day appeal
period, we suggest that the matter be set for the earliest possible City
Council meeting, because the purpose of any appeal is to have a hearing
before the City Council and this is already being accomplished. We
further suggest that you not accept any appeal, as it will serve no purpose.
If approval has been recommended other than as requested, the City Council
will be required to hold a public hearing on this matter. However, there
is a possibility that the Planning Commission's decision will be appealed;
therefore, we suggest that publication be held off until the 10 day
appeal period has expired.
If denial has been recommended, the City Council may summarily deny the
request. However, we suggest that the matter not be scheduled on the
City Council agenda until the 10 day appeal period has expired.
A copy of the Planning Department legal notice, ate- 9.R--o- -owne.ns—of..
pr-vpeTty—wl!thin-400—Eeet—oL-the--subj.e-t--ax.ea=wil..L. be submitted upon your
request.
The applicant in this matter isr���
(Address)
(Telephone)
Kenneth R. Reynolds,
Planning Director
By ✓
Number of Excerpts U
Publish Once
LEGAL .NOTICE
NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO. 73- 5
NOTICE IS, HER-EB.Y .GIVEN that public:* hearing will be held
by the City* Plannin Commission of the'"City of Huntington
Beach for the purpose .of -`considering Code Amendment No. 73-5
The .intent being to[permi.t agricultural uses and wholesale nurseries
in the RA Residential :Agricultural zone subject to the approval of a
use permit by the' -Board`of .Zoning Adjustments.
maid hear- g will be held at the hour of 7 ' 00 P.M. ,
�
April 3j3�
n in the Council Chamber of the Civic Center,
intit* o ,6�ach, ' California, on 5th Street between Main Street
.n,d� -0 3a nge Avenue.
All . int,�rested persons ar(, invited to attend said hearing
and express their opinion, 'for or against the proposed
Code Amendment .
Further information may be obtained from the City
Planning Department
Tolc-.Nhone No 536-5271
DATED thi:; 19th &.1y (, C March, 1973
CITY PLANNING COMMISSION
By � • 4 .
K. A. Reynolds
Secretary
March 27, 1973 `
v--- ........
TO : City Council
FROM: City Attorney
SUBJECT: Agricultural St4qds - Code Amendment
Council directed at its meeting of March 19, 1973,
that this office prepare an amendment to Section 9730,15(b)
of the Huntington Beach Ordinance Code to permit sale of
produce from roadside stands providing such produce is
grown anywhere in the city of Huntington Beach.
In; reviewing the proposed amendment,. we find that the
limitation that produce must be grown in the city of
Huntington Beach is a violation of the equal protection
of the law clause of the Fourteenth Amendment. of the
United States Constitution, and, therefore, invalid.
However, we should point out to the Council that the
existing section which ' limits the sale of produce to that
grown on the parcel on which the roadside stand is located
is probably a reasonable exception to the prohibition of
roadside produce sales . Otherwise it would create an
unreasonable hardship to said farmers who would then be
denied a reasonable sales outlet.
Respectfully submitted,
DON P. BONFA
City Attorney
DPB:JG :er
Attachment
1`�t
t,
MEMORANDUM
TO : DON P. BONFA, City Attorney
FROM: JAMES GEORGES , Deputy City Attorney
RE : Produce Sales from Roadside Stands
DATE: March 27 , 1973
POINTS. AND AUTHORITIES ON EQUAL PROTECTION OF THE LAW
FOURTEENTH AMENDMENT TO THE FEDERAL CONSTITUTION
The Fourteenth Amendment to the Federal Constitution. provides
that no state shall "deny to any person within its juris-
diction the equal protection of the law. "
The "equal protection" clause requires that persons under
like circumstances be given equal protection and security
in the enjoyment of personal and civil rights , the acqui-
sition and enjoyment of property . Equal protection of the
law requires that persons similarly situated receive equal
treatment (Iri re Kotta [19211 187 C . 27 , 200 P . 957 ;
Skinner v. Oklahoma T19421 316 U.S . 535, 62 S . Ct . 1110 ,
L. Ed. 1655) .
The clause protects not only property rights but also per-
sonal rights (see Skinner v. Oklahoma,, supra) :
Although discrimination is usually against a class of
persons , a single individual may invoke the ,constitutional
protection on .a basis of unequal treatment (Missouri v.
Canada [19381 305 U.S . 337 , 59 S . Ct . 232 ,. 83 _L. Ed. 208) .
It has also been declared that discrimination may be so
arbitrary and injurious as to be deemed a violation of due
process . (Detroit Bank v. U.S . [19431 317 U.S . 329 ;
Bolling 'v. Sharpe E19541 3 7 U..S . 497) . Where the effect
of the discrimination is to create a closed class by singling
. out ) it is unequal protection of the law. (Morey v. Doud
[19571 354 U.S . 457 ) •
The equal protection clause does not require that every
regulating statute apply to all in the same business , but
it must be on, a rational basis . Also, does the police
power have areal or substantial relation to the public
Memorandum to Don P . Bonfa
March 27, 1973
Page Two
health, morals , safety? The means chosen must be reason-
ably related to the ends . The legislation chosen must be
reasonably related to the economic regulation. What is the
reasonableness of the regulation to the solution to the
problem? The regulation must not be arbitrary discrimination.
PROHIBITION OF OUTSIDE COMPETITION IS A VIOLATION OF THE
EQUAL PROTECTION OF THE LAW CLAUSE
Municipalities sometimes seek to prevent free competition
from businesses having plants or establishments located out-
side the city limits . The attempt to do so by discriminatory
license fees or taxes (tariff barrier) is sometimes upheld
under the taxing powers , the classification being deemed
reasonable . But the attempt wholly to exclude such business
under the police power will fail .
"In LaFranchi v. Santa Rosa (1937) 8 C .2d 331,
65 .P.2d 1301, an ordinance made it unlawful to
distribute , within the city, milk which had been
pasteuri.zed .outside . Petitioner' s plant complied
with all standards of the State Department of
Agriculture , it was located in the same state
inspection district , and. city inspection of his
plant would not unduly burden the inspector. Held,
the ordinance was unconstitutional . Assuming that
the municipality may impose higher standards than
the state and zone plants within the city, this was
not the purpose of. the ordinance; and, although
reasonable restrictions of distance , for con-
venience of inspection, may be justified-, pro-
hibit'ion of the product of outside plants bears
no reasonable relationship to a proper legislative
object . Emphasis added. Witkin, Summary of
California Law, Vol . 3 , pg. 1978 .
CONCLUSION:
Therefore , the city cannot prohibit. produce - grown outside the
city from being sold at roadside stands in the city while at
the same time it permits food grown in the city to be sold
at roadside stands in the city . There is no reasonable . basis
for such arbitrary legislative discrimination . There is no
reasonable .relationship between the means chosen, which must
be reasonably related to the ends . The legislation chosen
must be reasonably related to the economic regulation.
Memorandum to Don P . Bonfa
March 27 , 1973
Page Three
However, it should be noted that the existing section which
limits the sale of produce to that grown on the parcel on
which the roadside stand is located is probably a reasonable
exception to the prohibition of roadside produce sales .
Otherwise , it would create an unreasonable hardship to said
farmers who would then be denied a common type of sales out-
let . Said exception must meet the standards set forth in
Section 9730 .15 , Agricultural Stands . To allow said farmer
to sell anywhere within the city would defeat the reasonable
exception.
JG:er
Southern. California Edison Company
P. O. BOXIII
HUNTINGTON BEACH, CALIFORNIA 9264B
R. P. BURBANK
MANAGER HUNTINGTON BEACH May 4, 1973
Mr: David D. Rowlands
City Administrator
City of Huntington Beach
P. 0. Box 190
Huntington Beach, Ca. 92648
Code Amendment No. 73-5
Item G-I
City Council Agenda 5/7/73
Dear Mr. Rowlands:
It has come to. our attention that Code Amendment 73-5.calls for the
` repeal of Section 9601 .4.1 regarding public. utility substations.
This section presently allows substation sites not exceeding one
acre in size in the RA Zone. /
Inasmuch as substations; transmission lines, etc.. , are vital *to
the welfare and safety of the community we believe they should
be a permitted use, within reason; in all zones.
Therefore, we .respectfully request .that this particular portion of
the. Code Amendment,. repeal of Section 9601.4:1 ; be deleted, until
further study can be made.
Very,Vtruly yours,
/ ,"Iv
.
ert P. Burbank, Manager
Huntington Beach
RPB:i mr
May 2, 1973 r
To : City Council
From: City Attorney
Subject : Code Amendment No . 73-5
At the request of the Director of Planning and the
City Administrator, we transmit an ordinance amending
certain sections of the Huntington Beach Ordinance
Code pertaining to the RA Residential Agricultural
Zone and setting forth the permitted uses in such
zone subject to the approval of the Board of Zoning
Adj stments .
R spdbmit ed,
ON ity t orney
y
A y Attorney
er
Attachment
/. V`/