HomeMy WebLinkAboutCode Amendment 71-27 - DENIED - Proposed to Add a Beach Recr Page #/15 - Council Minutes - 12/6/71
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PUBLIC HEARING - CODE AMENDMENT NO 71-25 - A.PPROVED
Mayor McCracken announced that this was the day and hour set for a
public hearing on Code Amendment No. 71-25, which proposes to amend
and renumber street and highway width provisions of S. 9941.3 et
sequentia. The intent of said proposed code amendment is to in-
crease the right-of-way width dedication provisions of the Subdivision
Code.
The Clerk informed Council that all legal requirements for publica-
tion and posting had been met, and that he had received no communi-
cations or written protests to Code Amendment No. 71-25, or to the
recommendation of approval by the Planning Commission.
Mayor McCracken declared the hearing open.
There being no one present to speak on the matter, and there being
no protests filed, either oral or written, the hearing was closed
by the Mayor.
On motion by Green, Council sustained the decision of the Planning
Commission; approved Code Amendment No. 71-25 and directed the City
Attorney to prepare an ordinance amending the Huntington Beach Ordi-
nance Cod.e. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Gibbs, Green, Matney, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Bartlett, Coen
cn
PUBLIC HEARING - CODE AMENDMENT Z. 71-27 - DENIED
Mayor McCracken announced that this was the day and hour set for a
public hearing on Code Amendment No. 71-27, which proposes to add. a
Beach Recreation and Development District (BRD). The intent of said
district is to provide standards for reasonable public access to the
coastline or shoreline, to protect the ocean beaches and to control
developments at or near the ocean.
The Clerk informed Council that all legal requirements for publi-
cation and posting had been met, and that he had received no communi-
cations or written protests to Code Amendment No. 71-27 or to the
recommendation of-approval by the Planning Commission.
The Planning Director presented a resume' of the Planning Commission's
reasons for recommending approval of Code Amendment No. 71-27. He
informed Council that initiation of this code amendment had occurred
because similar legislation was proposed at the County level and that
the County had urged all cities along the Orange County coastline to
adopt such an ordinance. He further informed Council that the main
purpose of the amendment was to insure access to the beach at 1000 foot
intervals.
The City Attorney addressed Council concerning the relationship of
this code amendment to the Master Plan of the shoreline area.
Mayor McCracken declared the hearing open.
Mr. W. E. Foster, Vice-President of the Huntington Pacific Corporation,
addressed Council and stated that he did not believe the standards
proposed by the Code Amendment were applicable to this area, although
they may be in more urbanized areas of the county.
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.
On motion by McCracken, Council overruled the decision of the Plan-
ning Commission, denied. Code Amendment No. 71-27, and directed the
Planning Commission to conduct a study of the zoning uses on the
beach front to determine if such code amendment is necessary. The
motion was passed by the following vote:
AYES: Councilmen: Shipley, Gibbs, Green, Matney, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Bartlett, Coen
: . 203
Affidavit ®f Publication
State of California
County of-Grange ss
City 6f Huntington Beach fk'" m
George Farquhar, being duly sworn on oath, says: That he is a --
citizen of the United States, over the age of twenty-one years. r
That he is the printer and publisher of the Huntington Beach � NI
News, 'a weekly newspaper of general circulation printed and pub-
lished in Huntington Beach, California and circulated in the said ;a'
County of Orange and elsewhere and published for the dissemination
of local and other news of a general character, and has a bona fide $ ------ -
subscription list of paying subscribers, and said paper has been `b -�._,
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. rPublished Huntington Beach News Nov.
11,"1971.
NOTICE OF PUBLIC HEARING
That the CODES AMENDMENT 71-27 CODE AMENDMENT 71-27
NOTICE IS HEREBY GIVEN that a.p.b•'
lic hearing will be held •by ttie :Cify,:.
Council of the City of Huntington B60 l
of which the annexed is a printed copy, was published in said news-
in the Council Chamber of the •:C.iuic 1
Center,.Huntington Beach, at the 'hour:+.
of 7:30 P.M., or as soon thereafter as
possible, on Monday the 6th day of
paper at least One issue December, 1971, for the purpose of con-
sidering a proposed code amendment to
add a Beach Recreation and Develop-'
commencing from the 11th day of November ment District (BIRD). The intent of said
district is to provide standards for rea-
sonable public access to the coastline'
19 71__, and ending on the llth day of November or shoreline, to protect the ocean,
beaches and to control develpoments
at or,near the ocean.
All interested persons are invited to
19-71—, both days inclusive, and as often during said period and attend said hearing and express their;
times of publication as said paper was regularly issued, and in the opinions for .or against; said Code
regular and entire issue of said pewspaper proper, and not in a Amendment.
supplement, and said notice was published therein on the following Further information may be obtainedi
dates to-Wit: from the Office of the City Clerk.',
DATED: 11/8/71
} CITY OF HUNTINGTON BEACH
Nov 11_ ]97l i By: Paul C. Jones
-�--r� City Clerk
k / IFriblisher
Subscribed and sworn to before me this 12th day of
November 19 71�, }�
02 Notary Public
Orange County, California
THOMAS D. WYLLIE
Notary Public-California
oOrange County
^ My Commission Expires
September 12, 1974
C of Huntington Beach
County of Orange
State of California
i
Jffidavitof Publication
of GEORGE FARQUHAR
Publisher Huntington Beach News
Filed
Clerk
By _
Deputy Clerk
o Huntington Beach Planning Commission
F .O. BOX 190 CALIFORNIA 92648
November 15 , 1971
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: Planning Commission
RE : Code Amendment No . 71-27
ATTN: Brander Castle , Acting City Administrator
Paul Jones , City Clerk
Gentlemen:
Transmitted herewith is a copy, of Code Amendment No. 71- 27 .
Said Code Amendment proposes to add a Beach Recreation
and Development District (BRD) to the Huntington Beach
Ordinance Code . The intent of said district is to
provide standards for reasonable public access to the
coastline or shoreline to protect the ocean beaches and
control development at or near the ocean.
The Planning Commission, at their November 2 , 1971 meeting,
unanimously approved Code Amendment No . 71-27 and recommends
approval 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 .
Additional Information: The Commission felt that the
1000 ft . separation between access points is the maximum,
and that a lesser distance is more desirable .
Respectfully submitted,
K. A. Reynolds
Secretary
Encl: Code Amendment No . 71-27
KAR:sn
(Corrected: 11/2/71)
FIRST DRAFT - STAFF REVIEW APPROVED
Proposed Code Amendment No. `11-27
I October 13, 1971
2 May be generally referred to as :
"BEACH RECREATION AND DEVELOPMENT (BRD) "
4 That the following changes are proposed to the Huntington Beach
Ordinance Code: The intent being to establish a Beach Recreation
6 and Development District which will provide standards for reason-
able public access to the shoreline, to protect the ocean beaches
6 and to control developments at or near the ocean. Said changes
shall read as follows:
7
8 REPEALED: (none)
9 RENUMBERED: (N.one)
10 AMENDED: (none)
11 ADDED: ARTICLE 969
12 BEACH RECREATION AND DEVELOPMENT
18 5. 9690 INTENT AND PURPOSE: The purpose of this district is
14 to establish standards for reasonable public access
16 from public highways to land below the ordinary high-water mark
16 along the City coastline or bay shoreline, to preserve and protect
17 ocean beaches, which are a limited natnmal resource; to control
18 construction of developments at or near the ocean, harbor, . or
19 near ocean-front bluffs which might suffer collapse due to natu-
24 ral forces operating upon or influencing the ocean, or by reason
21 of which sands might be depleted; to protect access to the navi-
22 gable waters of the City and to publicly-owned tidelands.
28 S. 9691 APPLICATION: This district may be combined with any
24 other district. In any district where the district
25 symbol is followed by, as a part of such symbol, parenthetically-
26 enclosed letters "BRD" , the additional requirement standards con-
27 tained in this section shall apply. The district symbol shall
28 constitute the base district and the "BRD" suffix shall constituds
29 the"combining" district.
80 S�'(y 8 2 USES PERMITTED: All of those uses permitted by the
81 base district subject to the following requirements:
82 S. 9692.1 Dedication: Dedication to the public of reasonable
1 of 2
(Corrected: 11/2/71)
(7st; 71-27; 10/13/71)
Ar"I""P
I I"U' ', v
1 public access by fee or easement from a public highway to an
2 below the ordinary high-water mark of the ocean coastline or bay
8 shoreline.
4 S. 9692.2 Location and Width: Such public access shall not b
6 less than twenty (201 ) feet wide and shall not be
6 located more than one thousand ( 1,000° ) feet apart.
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2 of 2
MEMORANDUM
TO: Planning Commission
FROM: Richard A. Harlow
RE: Code Amendment No. 71-27
Date: November 2, 1971
Code Amendment No. 71-27 proposes to add a
Beach Recreation and Development District (BRD)
to the Huntington Beach Ordinance Code.
The intent of said district is to provide
standards for reasonable public access to the
coastline or shoreline to protect the ocean
beaches and to control development at or
near the ocean.
This matter was discussed with the Planning
Commission at a Study Session at which time
it was explained that similar legislation was
proposed at the County level and that the
County has urged all cities along the Orange
County Coastline to adopt such an ordinance.
The staff recommends adoption of Code
Amendment No. 71-27.
FPUILIC-HEARING SET
Publish 11/11/71
FOR:-----.--- -------- 1•- -- POs tc ardS
NOTICE OF PUBLIC HEARING
CODE AMNDMM 71-27 w
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
• P.M. , or as soon thereafter as possible, on Monday
the 6th day of December , 19 71, for the purpose of
considering a proposed code amendment to add a Beech Recreation and
Development District (BRD). The intent of said district is to
provide standards for reasonable public access to the coastline or
shoreline, to protect the ocean beaches and to control developments
at or near the ocean.
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: 11/8/71 CITY OF- HUNTINGTON BEACH
By: Paul C . .Tones
City Clerk
City Clerk
City of Huntington Beach
The Huntington Beach Planning Commission, at their regular/ad-jvu-rned
meeting held '22=o ol // 4,7.2 , recommended
of
....,ems.— ..�. ........��®_.._� -
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, ref—ewe =of=�ro
etyLwxn� =f-eel off=the=sub � anea� is attached hereto.
The applicant in this matter is ,
(Address) (Telephone)
Kenneth R, Reynolds,
Planning Director
By �p O
I
e y.
Number of Excerpts None
Publish Once
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO 71-27
NOTICE IS HEREBY GIVEN that a public hearing will be held
by the City Planning Commission of the City of Huntington
Beach for the purpose of considering a Proposed code amendment to
add r Beach Recreation and Development District (ERE). The intent
of said district is to provide standards for reasonable public
access to the coastline or shoreline, to protect the ocean beaches
knd to control developments at or near the ocean.
Said hearing will be held at the hour of 7°00 P.M. ,
OTNovember 2, 1971 , in the Council Chamber of the Civic Center,
'-untington Beach, California, on 5th Street between Main Street
end Orange Avenue.
All interested persons are invited to attend said hearing
and express their opinions for or against the proposed
Code Amendment
Further information may be obtained from the City
Planning Department.
Telephone No 536-5271
DATED this 21st day of October, 1971
CITY PLANNING COMMISSION
By
K.A. Reynolds
Secretary