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Code Amendment 69-12 - Ordinance 1563 - Enforcement - Use Pe
Page #3 - Council Minutes - 3/16/70 Yj YOUTH COALITION COMMITTEE - "WEEK OF AGAPI" - LAKE PARK CLTjWOUSE:' Mr. Jim Sampson, Chairman of the Youth Coaltion Committee informed Council that their organization planned to hold an event called the "Week of Agapi" at the Lake Park Clubhouse and requested that Council authorize an expenditure of $50.00 for refreshments to be reimbursed to the City from ticket sale proceeds. . Mayor Green stated that this expenditure had been previously authorized, but that he had requested Mr. Sampson's presence at the meeting tonight for the purpose of informing the Council of the "Week of Agapilf event planned by the committee. FISH & CHIP 6PERATION - MUNICIPAL PIER - APPROVED The City Administrator informed Council of a recommendation from the Director of Harbors, Beaches and Development, that Pier Building 1 on the municipal pier be leased by the city to Mr. Carl McCullah for a fish and chip !operat ion. On motion by Coen, Council approved the recommendation of the' Directors of Harbors, Beaches and Development and approved the lease of. Pier Build- ing 1 to Mr. Carl McCulla.h to conduct a fish and chip operation and authorized the Mayor and City Clerk, upon approval by the City.-.Attorney, to execute same on behalf of the City. Motion carried. ORDINANCES FOR ADOPTION On motion by Kaufman, Council directed the Clerk to read Ordinance Nos. 1560, 1561, 1563 and 1564 by title, waived further reading and passed and adopted same by the following unanimous roll call vote: AYES:. Councilmen: Shipley, Bartlett, McCracken, Kaufman, Coen, Green NOES Councilmen: None ABSENT: Councilmen: Matney ORDINANCE NO. 1560 - ADOPTED - INDUSTRIAL DISTRICTS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9511 (4) AND 9551.1, AND AMENDING AND ADDING CERTAIN SECTIONS PERTAINING TO PERMITTED USES IN THE INDUSTRIAL DISTRICTS." ORDINANCE N0.11.561 - DISPOSITION OF UNCLAIMED PROPERTY - ADOPTED "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 1254 RELATING TO DISPOSITION OF UNCLAIMED PROPERTY." u, ORDINANCE N0.'c1563 - ADOPTED - 9NF'ORGEM£sNT - USE PERMIT "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 9730.19 AND ARTICLE 984• BY RENUMBERING CERTAIN SECTIONS; AND BY ADDING ARTICLE 902 ENTITLED 'ENFORCE- MENT", SECTIONS 9101.3.1, 9l:61.3.1 AND 9201.3.1, CHAPTER 93, ENTITLED "PLANNED RESIDENTIAL DEVELOPMENT" ADDING DEFINITIONS TO SECTION 9700, AND ADDING ARTICLE 984, ENTITLED FUSE PERMIT". ORDINANCE Nb. 1564 - ADOPTED - 'COMMUNITY FACILITIES DISTRICT' "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE COD---. BY RENUMBERING ARTICLE 966, ENTITLED 'S1 DISTRICT, ' AND ADDING A NEW ARTICLE 966, ENTITLED, 'COMMUNITY FACILITIES DISTRICT ." -7u ORDINANCE NO. 1565 - ADOPTED - 'CIVIC DISTRICT SUFFIX' Considerable discussion was held by Council regarding Ordinance No. 1565. Fire Chief Picard spoke briefly regarding the addition of the 'Civic District Suffix' to the code and its effect upon the Design Review Board. On motion by Shipley, Council directed the Clerk to read Ordinance No. 1565 by title and waived further reading by the following unanimous roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Coen, Green NOES:. Councilmen: None ABSENT: Councilmen: Matney Page #9 - Council Minutes - 3/2/70 qo PUBLIC HEARING - CODE AMENDMENT 69-2 & CODE AMENDMENT 69-12 �� Mayor Green announced that this was the day and hour set for public hearings on Code Amendment No. 69-12 proposing to establish procedure for Use Permit application to the Planning Commission and the manner in which appeals are made to City Council, and Code Amendment No. 69-2 which proposes to permit Planned. Residential Developments subJect to Use Permit an in the Rl, R2 and R3 Districts. He stated that hearings or the two matters would be conducted simultaneously. The Clerk informed Council that all legal requirements for notification, publication and posting on said public hearing had been met and that he had received communications from the Huntington Harbour Property Owners Association and the Chamber of Commerce regarding Code Amendment No. 69-2. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of said Code Amendments. Mayor Green declared the hearing open. Mr. Harry Burkford, Huntington Harbour Property Owners Association, 17181 Westport Drive, City, addressed Council regarding provisions set forth in Code Amendment No. 69-2. Mr. Jim Bentson, Vice-President of the Huntington Harbour Property Owners Association, 16642 Melville Circle, City, addressed Council and stated that he did not believe that said Code Amendments were in the best interest of City development. There being no one further present to speak on the matter, and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Considerable discussion was held by Council regarding Section 6 - (Open or Public Land) and Section 9311.2 (Maximum Density) contained in Ordinance No. 1563 pertaining to Planned Residential Districts. On motion by Kaufman, Council sustained the decision of the Planning Commission; approved Code Amendments Nos. 69-2 and 69-12 and directed the Clerk to give Ordinance No. 1563 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH -AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 9730.19 AND ARTICLE 984; BY RE- NUMBERING CERTAIN SECTIONS; AND BY ADDING ARTICLE 902 EIITTITLED "ENFORCE- MENT", SECTIONS 9101.3.1 AND 9201.3.1, CHAPTER 93, ENTITLED "PLANNED RESIDENTIAh DEVELOPMENT", ADDING DEFINITIONS TO SECTION 9700, AND ADDING ARTICLE 984, ENTITLED "USE PERMIT". On motion by Kaufman, Council waived further reading of Ordinance No. 1563. When put to a vote, the motion carried by the following unanimous roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Iatney, Coen, Green NOES: Councilmen: Alone ABSENT: Councilmen: None The City Attorney was directed to amend Section 9700 (0) of Ordinance No. 1563 to read as follows: "Shall include parks dedicated or proposed to be dedicated for public use, school sites, areas set aside for school sites, easements or rights of way for electrical transmission lines, or areas set aside for water uses or flood control channels," also to amend the last sentence in Section 9311.2 to read as follows: "For the Purpose of this section gross acreage shall not includ opera or public land as defined in this code". 100 , 0 3 1e � Hunfinstan Beach h NanflNg comdWon P.O. pox 990 CALIFORNIA 92648 February 16, 1970 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Planning Commission SUBJECT: Code Amendment No. 69-12 - USE PERMIT ATTN: Doyle Miller, City Administrator Paul Jones, City Clerk Gentlemen: Transmitted herewith is a copy of Code Amendment No. 69-12. Said amendment proposes to repeal Article 984 "Use Permits" and add a new Article 984 "Use Permits" which describes the procedure for Use Permit application to the Planning Commis- sion and the manner in which appeals may be made to the City Council. By unanimous vote, the Planning Commission approved Code Amendment No. 69-12 and recommends adoption by your Honorable Body. The State Planning Act requires that a public hearing be held after which the Code Amendment may be adopted by Ordinance. This amendment has been approved by the City Attorney' s Office; therefore, the ordinance may be placed on the agenda for first reading concurrently with a public hearing. Respectfull ubmitted, K. A. Reynolds Planning Director KAR:dr f i To LAM Date 3-3--70 Re: Ord. 1563, PRD. At Cif 3a-2-70 council amended by interlinea-= tions Sec. 6 'pg. 3) 110PEW 0P PUBLIC LAND. 't woras were added after 15hali include parks 1R and before "schools" (get 1-ng. from ciKy clk Also, secs 93111.2 MAXIF LIM DENSITY was amended to add land. at end thereof (lanq r c lk) Pls. read amendments in context and advise whethei we can approve, first readi icy was done. �Mpd�C�G�4L Signed Date Signed Redif9rm SEND PARTS 1 AND 3 WITH CARBONS INTACT. 465 PART 3 WILL BE RETURNED WITH REPLY. III ARTICLE 984 3 9 340 USE PER;PITS-. INTE,IT A14D PURPOSE. Use permits, revocable, conditional or valid. for a time period, may be issued for any of the uses or purposes for which such plans are required or 'permitted by the terms of the Huntington Beach Ordinance Code., It 'is the intent and purpose of this Article to establish a procedure which will enable the Plann .;!t r.. Commission to review certain uses of ,property withi,�� :i- y f led, zoning districts of the city in ',order to insui, the 'b'es��R.: and most appropriate use of property in such zoning district's as contemplated by the Master Plan of Land Use. It is further intended that such uses shall not be detrimental to the gen- eral health, welfare, safety and, convenience of the neighbor- hood or city in general, and shall not be detrimental or injurious to the value of property or improvements off , the.:-; , neighborhood or city in general. j4fF' 9841 APPLICATIONS. The Planning Commission-shall prescribe the form and scone of, applications and necessary accompanying data. d 9841.1 FILING. Applications for approval of a use permit shall be filed in the office of the Planning Department. Said application shall be made by the owner of the property or the .property owner's authorized -a_p°ent . r If the applicant is not the property owner, a letter from' tine property owner authorizing' the agent to act in his behalf shall accompany said application. 9841.2 PILING FEE. At the time the application is filed, thie applicant shall pay a gee of One Hundred Ool.l.ars ($100) . i t,.,. 9841.3 PUBLIC 'HEARING. No public hearing need be held on use permits except as specified the Planning Commission. However, public hearings shall held-- for use permits filed for Planned Residential Developments . 9841.4 DENIAL BY THE PLANNING CO.-K.IISSION. The Planning Commission 'may deny .any applications if it finds any one of the the following; %a) That the proposed use has at detrimental effect upon the general health, w4lfare, ',safety 'and jjl cdhvenience of ,>persons rc.sidina or wor�:in: , in the neighborhood, or is detrimental or i.njuriou'S to the value of the: property and improvements.' .. ,'- .,;;,...;. In the neighborhood, or 10. (b) That the proposed use adversely affects the Master Plan of Land Use , or (c) That the proposed use is not compatible with other and proposed uses in the neighborhood, or (d) That the location, site layout , and design of the proposed use does not properly orient the proposed structures to streets, driveways, and other adjac- ent structures and uses in a harmonious manners or (e) That the combination and relationship of one pro- posed use to another on the site are not properly integrated; or (f) That access to and parking for the proposed use creates an undue traffic problem; or (g) In the case of a use permit for a Planned Residen- tial Development , that the development is not consistent with the intent and purpose of Planned Residential Developments as set out in Section 9310. 9841.5 USE PERMIT APPROVAL. The Planning Commission may approve a use ;permit when it finds that the plan will be in substantial compliance with the require- ments of this article, the Master Plan of Land Use, and the development standards for such use, or may conditionally approve such use permit and attach °such conditions as the Planning Commission deems necessary to secure the purposes of this article and Chapter 9, and may require guarantees and evidence that such conditions are being or will be complied with. 9841.6 REARING DATE CONTINUANCE. The Planning Com- mission may continue the hearing from time to 's time, provided, however, the public hearing or hearings shall be conducted within sixty (60) days after the first public hearing. 9841.7 FINDING OF PACs" AND DECISION. In granting, modifying or denying a uce permit , the Planning Commission shall specify the facts relied upon in rendering a. decision. Said decision shall be made within sixty (60) days after the public hearing. '841.8 FAILIIRT TO ACT. Failure of the Planning Commission to take final action on any use permit application within sixty (60) days subsequent to the date of filing or the date said application was referred to the Planning Commission by the City Council, shall be considered a decision of the .Planning Commission recommending 11. that such application be denied , unless a continuance is agreed to by the applicant or his authorized agent . 9841.9 NOTICE 01 DECISION. Notice of the decision of the Planning Commission shall be mailed to the applicant within five (5) working days , excluding; weekends and holidays , after such decision is rendered. 9841.10 E1,'FECr01VT,1 DATE. OF APPROVAL. Use permits shall not become effective for ten (10) days after being granted, and in the event an appeal is filed or a challenge is issued by the City Council, said permit shall not become ef.febtivea until a decision is made on such appeal. 9842 APPEAL TO OR CHALLENGE BY THE CITY COUNCIL. The applicant or any ae!r�g;rieve=d party may appeal a decision or requirement of the Planning; Commission to the City Council, and the City Council or any member thereof may request in, writing a hearing before the City Council to consider any decision, determination or require- ment of the Planning; Commission. 9842.1 TIME LIMIT. All appeals or challenges shall be made within ten (10) days following they decision of the Planning Commission. 9842.2 POR14 ARID CONTENT. Any appeal or challenge shall be in writing, and shall specify, in detail, any grievance, error of decision, or requirement of the Planning Commission. 9842.3 REPORT. The City Clerk shall report the filing; of such notice of appeal or challenge to the Planning Commission. 9842.4 FILING FF.7. Accompanying any appeal shall be a filing fee of Seventy-Five Dollars 075.00) . 9842.5 NOTICE OF TIME OF HEARING. Any decision or requirement of the Planning Commission that is appealed to or challenged by the City Council or any member thereof, shall be set for public hearing before the City Council by the City Clerk. Said hearin- shell be h,?Id at the earliest possible regular City Council meotirr, f with public notification pursuant to Article 987 of thi.3 code. 9842.5.1 HEARING DATE CONTINUANCE. The City Council may continue the hearing from time to time, and the City Council may refer the matter back to the 12. Planning staff of the city for further report , copy of which shall be made available without delay to the landowner or his representative, provided, however, the public hearing or hearings shall be concluded within sixty (60) days after the first public hearing;. 9842.6 ACTION BY CITY COUNCIL. The City Council may, after public hearing, affiLriaa, reverse or modify the decision of the Planning Commission. Further- more , the City Council may make any additional determination or requirement it shall consider appropriate within the limita,ti.o=7s impo,ed by this particle and the Master Flan of Land Use. The decision of the City Council shall be final. 9842.,6.1 FINDING OF FACT AND DECISION. In granting, modifyin7-, or denying an appeal or challenge, the City Council shall specify the Facts relied upon in rendering a decision. Said decision shall be made within sixty (60) days after the public .hearing. 9842.6.2 NOTICE OF CITY COUNCIL DECISION. Notice of the decision of the City Council shall be mailed to the applic:ant within five (5) working days , excludi.nC weekends and holidays , after such decision is rendered. 9843 TIME LIMIT. Each use permit authorized under the provisions of this article for which actual construction has not commenced within one (1) year from the cute of f°i.nal approval , shall become null and void. 9843.1 REVOCATION FOR DELAY. The City Council may revoke any use permit except use permits for Planned Residential Developments, when actual construc- tion has not commenced within a period' of sic (6) months from the date of granting if conditions have changed so as to make the proposed use or bui.ldinF� conflict with surround- ing uses© the intent of this article, ear the intent of the district in which such use or building is proposed . 9843.2 ACTUAL CO;TSTRUCTION DEFINED. For tho pur- pose of Sections 9843 and 9) 43.1, actual construction reams that .construction has started and is proceeding without delay and with tits, dili.rence. Pre-ar-- ation of plans, securing financial arrangements, issuance of building permits, letting of contracts , or stockpiling of materials on the site, shall not constitute actual. construction. 9841.3 DISCO14TINUED USE OF LAiND, BUTI.DING OR PHT"'JSES. When any use of Land, building or premises established under the, provisions of t1ils article 13. has been discontinued for a period of one (1) year, it shall be unlawful to again use s-uc.h land, buildin4-,; or premises for such discork1;inued use unless a ru'beequent use permit is approved. 9843.4 EXTENS3,Otd OF TIME LIMITS. Upon written request by the applicant or property owner, the Planning Commission may gi.,ant extensions of time under Sections 9843, 9843.1., 9843 .2 and 9843.3 , not to exceed one (1) year. 9844 UNIAWFUL USE. Any building or structure set up, erected, built , moved or main- tained and/or any use of prorArty contrary to the provisions of this cede and/or any conditions attached to the granting of aaiy use permit pursuant thereto shall be and the same is hereby declared to be unlawful and a public nuisance, and the duly constituted authorities of Huntington Beach shall, upon order of the City Council , immediately co:maence action or actions, proceeding or proceedings , for the abatement, removal and enjoinment thereof in the manner provided by law, end shall take such ether steps and shall apply to such court or courts as may have 3urisdicti.on to grant such relief as will abate and remove such building;, structure or use and restrain and enjoin any person, firm or corporation from setting ups erect.in-,, building*, moving or mai.ntainin7,, any building, or structure or using any property, contrary to the provisions of this code or the conditions of said use permit. 9845 FAILURE TO COMPLY. Failure to abide by and faithfully comply with any and all con- ditions that may be' attached to the granting of any use permit pursuant to the provisions of this code shall consti- tute grounds for the revocation of said use permit by the City Council. No certirioate of occupancy shall be issued if conditiona attached to the granting of the use permit have not been complied with. All remedies provided. for herein shall be cumulative and not exclusive. 9846 HEARING. The City Council shall hold a hearin;; an any proposed revocation after gi.vin'- written notice to the permittee at least ten (10) days prior to the hearing. 9847 APPLICATION AFTER DENIAL. If a nse permit has been denied , no further application covering the sane or f iv..illar use or elan, whichever is ' axx pl.ie bl shall be filed or considered within the period o one {1 'year from date the determination thereof became final. 9848 EFFECTUATION. W6 building permit shall be issued in any case where _a. use permit is 14. required by the terms of the Huntington Beach Ordinance Code , unless and until such use permit has been granted. No certificate of occupancy shall be issued until all terms and conditions of such use permit have been completed or fulfilled. SECTION 3. If any sections subsection, sentence, clause, phrase or portion of thin ordinance is for any reason held to be invalid or unconstitutional by the decis- ion of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordin- ance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections , clauses , phrases or portions be declared invalid or unconstitutional. SECTION 9. The provisions of these sections insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject matter &hall be construed as restatements and contin-- uations, and not as new enactments. SECTION 10. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances , which violations were committed prior to the effective date here- of, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance , and all rights and obligations thereunder appertaining shall continue in full. force and effect. '15. t I to pubjlnhe,� _krl, to be thl 'N"q 11 Or',tyn 11 W i t tn jp�t t I:--,I A', 'Jew 5 a y l new3p� 4'r ---aC r n ty%e City Council of the City of aeu�ch at a rer. t I 1"7 C, 74syor ATTEST. clerl.% City orpey PUBLIC HEARING SET Publish 2/12/70 E 70. Postcards FOR: �- "` NOTICE OF PUBLIC HEARING CODE AMENDMENT 69-12 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 March 1970 , for the purpose of considering a proposed Code Amendment to repeal Article 984 "Use Permits" and add a new Article 984 "Use Permits" xRdxxddxxxmm which shall describe the procedure for making a Use Permit application to the Planning Commission and also the manner in which appeals maybe made to the City Council. J 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: 2/5/70 CITY OF- HUNTINGTON BEACH By: Paul C . Jones City Clerk i City Clerk City of Huntington Beach The Huntington Beach Planning Commission, at their regulars-a4^„-..— meeting held O , recommended of If approval has been recommended, the City Council will be required to hold a public hearing in this matter , and it will be transmitted to you prior to the next regular meeting of the Council.. A copy of the Planning Department legal notice, and a list of owners of prop- erty within 300 feet of the .subject area is attached hereto® The applicant in this matter is , (Address) .(Telephone) Kenneth R. Reynolds , Planning Director By;; J State of California County of Orange ss City of Huntington Beach 111 J. S. Farquhar, being duly sworn on oath, says: That he is a citizen of the United States, over the age of,twenty-one years. That he is the printer and publisher of the Huntington Beach 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 I(Published Huntington Beach News Dec. 25, 1969) of local and other news of a general character, and has a bona fide LEGAL NOTICE subscription list of paying subscribers, and said paper has been I NOTICE OF PUBLIC HEARING established, printed and published in the State of California, and CODE AMENDMENT NO. 69-12 County of Orange, for at least one year next before the publication NOTICE IS HEREBY GIVEN that a pub- , lic heerinr will be held by the City. of the first insertion of this notice; and the said newspaper is not 'Planning Commission of the City of devoted to the interest of, or published for the entertainment of any I Huntington Beach for the purpose of particular class, profession, trade, calling, race or denomination, or considering a Proposed Code Amendment. Said amendment proposes to repeal. any number thereof. Article 984, "Use Permite^ anc!add a new The Huntington Beach News was adjudicated a legal newspaper Artidescle 984 4he Use Permits" re Which m g all of general circulation by Judge G. K. Scovel in the Superior Court use Permit application to the Planning; of Orange County, California August 27th, 1937 by order No. A-5931. commission .,and also the manner in mT�t which appeals may be made,to.the City, ,,T( IC C' 'PTT'PLT(1, �-. '-lR ii council. That the _ Said hearing will be held at the hour of 7:00 P.M., on January 6, 1970,:in the I r, T:^-•,t; !t 1Tri +, )_� Council Chamber of the Civic Center, _�- p. .:..•_�"•.,_. 1 f 2Huntington 'Beach, California, on 5th street between Maid Street and Orange of which the annexed is a printed copy, was published,in said news- Avenue. All interested' persons are invited'to', attend said hearing and express_ their` paper at least (n P Is-c'.7 P opinions for or against„the proposed Coda Amendment. Further information may be obtained r',1'• T)P t,.P Trill-:t ?' from the City Planning Depertment, commencing from the day Of Telephone No. 536-6551. f DATED this 24th day of December, 1969. F,.,- c CITY PLANNING COMMISSION 19 and ending on the _mot " day of DecT 1 _ 9y K.4ectetary A. REYNOIDS _ C, 19 ,"both days inclusive, and as often during said period and times of publication as said paper was regularly issued, and in the regular and entire issue of said -newspaper proper, and not in a supplement, and said notice was published therein on the following dates, to-wit: 17 _ -.L y Publisher Subscribed and sworn to before me this z en, day of L�1iC�Lck- ,,�-. Notary Public Orange County, California THOMAS D. WYLLIE MAW PUBLIC - CAI-IFORNIA PRIMPAL OFFICE IN ORANGE COUNTY M7 Commission Expires Sept. 12, 1970 Section 6 - That it shall include parks dedicated or proposed to be dedicated for public use, school sites, areas set aside for easements of the electrical Company transmission lines, or areas set aside for water uses, utility main rights-of way with minimum of ten feet orloodontrolha,nnels . 9311.2 for the purpose of this section gross acreage shall not include open or public land as defined in this Code . G� .