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Private Streets - Development Standards - Code Amendment 81-
IN THE Superior Curt OF THE I STATE OF CALIFORNIA �1 In and for the County of Orange CITY OF HUNTINGTON BEACH' CITY CLERK PROOF OF PUBLICATION Hearing 81-3 State of California ) County of Orange )ss- NOTICE OF PUBidC WARING CODE'AMENDMM#81.3 NOTICE IS HEIMV.GIVEN.that a Rita J. Richter ppublic hearing will be held by the City Coul of the City of Huntington Beach, in the Council Chamber of the Civic Cen- That I am and at all times herein mentioned was a citizen of ter,Huntington Reich;at the hour of 7:30 the United States,over the age of twenty-one years,and that I PAL,or as eoon.thereafter ea possible on am not a art to,nor interested in the above entitled matter; Monday,the 4th day of May,>me for the party purpaee oi,coneidering Code Amendment that I am the principal clerk of the printer of the No.81.3,an amendment to Article 970 by. adding a definition of Private Roadways and amending;Article 973 by requiring Huntington Beach Ind. Review street of Public Worts Standard Plane for a newspaper of general circulation,published in the City of ,private roadways.Said code amendment u on file in the Department of Develop- ment Services Office. Huntington Beach All interested persons are invited to attend•said !rearing and express their County of Orange and which newspaper is published for the opinions for or against said Code Amend- ment 81-3. disemination of local news and intelligence of a general charac- Further information may be'.obtained ter, and which newspaper at all times herein mentioned had from the Office of the City Cle}k;-2000 and still has a bona fide subscription list of paying subscribers, Main Street,Huntington Beacb Cafifor- P P Y g nia 92648—(714)5365227. and which newspaper has been established, printed and pub- Datid April 20 1981. lished at regular intervals in the said County of Orange for a CITY OF HWTINGTON BEACH period exceeding one year; that the notice, of which the By.C' C Cllerk ark WENTWORTH ittyy annexed is a printed copy, has been published in the regular Pub.Apr.23,1981 and entire issue of said newspaper,and not in any supplement Hunt.Beach Ind.Rev.u104M thereof,on the following dates,to wit: April 239 1981 I certify(or declare)under penalty of perjury that the forego- ing is true and correct. Dated at..................Gard-en--Grove............ 23r ARrP. 81 Cal' orni ,t -::. .. ay of .... .... 19...... .. .......... ... .... .... Signature Form No.CAF-81380 REQUEST FOR CITY COUNCIL ACTION' Date April 24, 1981 Submitted to: Honorable Mayor and City Council . /� Submitted by: Charles W. Thompson, Y City Administrato 0" / Prepared by: Department of Development Services Subject: CODE AMENDMENT NO. 81-3 Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is Code Amendment No. 81-3, an amendment to the Huntington Beach Ordinance Code which will allow the City to require private streets44ind roadways to be developed to standards set forth by the Department of Public Works. RECOMMENDATION: The Planning Commission and Planning Staff recommends that the City Council approve Code Amendment 81-3 and adopt the attached ordinance. ANALYSIS• Applicant: Planning Commission Location: Citywide Request: An amendment to the Huntington Beach Ordinance which will allow the City to require private streets and roadways to be developed to City standards set forth by the Department of Public Works and to require that minimum setbacks be established from the ultimate right-of-way of a private street similar to that of a public street. PLANNING COMMISSION ACTION ON APRIL 7, 1981: ON MOTION BY WINCHELL AND SECOND BY BAUER, CODE AMENDMENT NO. 81-3 WAS APPROVED FOR RECOMMENDATION. TO THE CITY COUNCIL BY THE FOLLOWING. VOTE: AYES: Bannister, Kenefick, Winchell, Porter, Schumacher, Bauer NOES: None ABSENT: None ABSTAIN: None �T ,x PIO 4/81 Page Two DISCUSSION: Code Amendment No. 81-3 is an amendment to Article 970 of the Huntington Beach Ordinance Code by adding a definition of private streets and roadways and amends Article 973 of the Huntington Beach Ordinance Code by requiring street improvements pursuant to the Department of Public Works standard plans for private streets and roadways. This code amendment was initiated in conjunction. with Precise Plan of Street Alignment 80-1, an alignment for establishing private streets of minimum dimension in order to provide access to an area that is presently accessed via 20 ft.. wide private easements. Code Amendment No. 80-3 is divided into three specific areas; the first area is a definition of private streets and roadways, the second area adds the words "private street" to the definition of ultimate right of way. This section has been added in order to require standard setbacks for new development adjacent to public streets or roadways; and section three is an amendment to include private streets in this section requiring improvements for all streets, alleys, right-of-ways and now private streets to be made prior to the occupancy of any new structure abutting said right-of- way. At the present time, the Huntington Beach Ordinance Code does not address private streets for any us.e_:`other-: than in planned develop- ments. Both the staff and the Planning Commission feel that this amendment will allow the Tlexibility for the development and im- provements of private streets in those areas where it is virtually impossible to design and/or develop a public street.. These private streets and roadways would only be permitted in very unique situ- ations and only where a public street cannot be accommodated. ENVIRONMENTAL STATUS: Pursuant to Section 15105 of the California Environmental Quality Act, this code amendment is a categorical exemption. FUNDING SOURCE- Non Applicable. ALTERNATIVE ACTION: The City Council may consider denying this code amendment which would preclude the use of private streets in any situation except for plan- ned residential developments. g Page Three SUPPORTING INFORMATION: 1. Planning Commission Staff Report dated April 7, 1981 2. Ordinance Respectfully submitted, James W. Palin, Director Department of Development Services CWT:JWP:SMB:gc nuntington beach development services department .STA f F E ® `T' TO: Planning Commission FROM: Development Services DATE: April 7, 1981 CODE AMENDMENT NO.. 81-3 An amendment to Article. 9.70. by adding a definition of Private Roadways and amending Article 9.73 by requiring street improve- ments pursuant to Development of Public Works, Standard Plans for private roadways. Code Amendment No. 81-3 is an amendment to the .Huntington Beach Ordinance Code which will allow a City to require private streets and roadways to be developed to the standard.s �set forth by . the .Department . of Public Works. The Code Amendment is comprised of three parts . 1 . An addition to Section 9700. 16 has been made defining private streets and roadways. 2. Section 9700. 19 has been amended to include private streets within the definition of ultimate right-of-way.. This section has been added in order to require standard setbacks for new development adjacent to private streets or roadways. 3 . Section 9730. 4. has been amended to include 'private streets in this section requiring improvements for all streets, alleys, right-of-ways and now private streets be made prior to the occupancy of any new structure abutting said right-of-ways . Attached a-re sections of the Ordinance Code which are proposed to be amended and a copy of those amendments. The staff will be prepared to answer questions at the night of the meeting. B:gc A-F M-23 B Publish April 23, 1981 NOTICE OF PUBLIC HEARING CODE AMENDMENT 81-3 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 X , or as soon thereafter as possible on Monday the 4th day of May 19 81 . for the purpose of considering Code Amendment No. 81-3, an amendment to Article 970 by adding a definition of Private Roadways and amending Article 973 by requiring street improvements pursuant to Department of Public Works Standard Plans for private roadways. Said code amendment is on file in the Department of Development Services Office. All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment 81-3 Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED April 20 , 1981 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk 0 . o co--M Publish April 23, 1981 NOTICE OF PUBLIC HEARING CODE AMENDMENT 81-3 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 4th day of May 19 81 . for the purpose of considering Code Amendment No. 81-3, an amendment to Article 970 by.adding a definition of Private Roadways and amending Article 973 by requiring street improvements pursuant to Department of Public Works Standard Plans for private roadways. Said code amendment is on file in the Department of Development Services Office. V All interested persons are invited to attend said hearing and express their opinions for or against said. Code Amendment 81-3 Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington .Beach, California. 92648 - (714) 536-5227 DATED April 20 , 1981 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk Publish April 23, 1981 NOTICE OF PUBLIC HEARING CODE AMENDMENT 81-3 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 7JO P X , or as soon thereafter as possible on Monday the 4th day of May. 19 81 . for the purpose of considering Code Amendment No. 81-3, an amendment to Article 970 by adding a d.efinition _of Private Roadways and amending Article 973 by requiring street improvements pursuant to Department of Public Works Standard Plans for private roadways. Said code amendment is on file in the Department of Development Services Office. . All interested persons are invited .to attend said hearing and express their opinions for or against said Code Amendment.81-3 Further information maybe obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED April 20 , 1981 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk 4 , IN THE Superior Court OFTHE STATE OF CALIFORNIA In and for the County of Orange C?Tv ^r- :4'tJTIP16Tf?PJ PE'ACII PLANNING PROOF OF PUBLICATION Hearin# tam NOM0FPUMX0&6= NOTICE IS HSRESII'd•GIMP that a State of California .) ��Qw "b';�n�' County of OrangeHwy-�'ng`r'n d it d �h a `for the .I, . 'i•r-h t e r 81-3,do emendmtii to=by adding a definition. Private' ys and amending A"M by That I am and.at all times herein mentioned was a citizen of au"t rove' ti 'W�ePari mentorr blieW-"- it for the United States,over the age of twenty-one years,and that I private roadwaje.Sad o*a men► Am not a party to,nor interested in the above entitled matter; a on file in the Depertment'd•geve14- that I am the principal clerk of the printer of the mentServicasotfwill heenrtg rn!!be Geld at the hour:of 7. P.M.: on I911,,..in dw Mjgq Cowreil Chambers of the'Civic t•1,• ';•'Owt rF'1Ch j n►t' . nPViPW ( CRPier, 2000 Main.5.; Hgptingfo6 Beach,California.' ., , a newspaper of general circulation,published in the City of All interested penooe aie invited.tc attend said bearing and expieee their t�, ..M. . -`�• n p a e h �for 81-t the peopoeed Code Further info rmotion may be ob*ped County of Orange and which newspaper is published for the J f[Qm the City Phurging.Depertment Teim*disemination of local news and intelligence of a general charac- one No.( fi98 b271', . DATED this 22��day ay of Mareh;1981. ter, and which newspaper,at all times,herein mentioned had MTPI,ANN(NGCOMMMSION,' and still has a bona fide subscription list of paying subscribers, By JAW W.PAL1N' ; sod which newspaper has.been established, printed'and pub- Pub.M.,Secretary . lished at regular intervals in the said Countyof Orange for a Hurt.Beach Ind.Red:ktoM6 period ,exceeding one year; that the notice, of which the annexed is a printed copy, has been published in the regular and entire issue of said newspaper,and not in any supplement thereof,on the following dates,to wit: I certify(or,declare) under penalty of perjury that the forego- ing iy true and i-orrect. UatPdat.............c.,ri r1.r,1'AVP................. ♦,Y!. : California,this ..ry....dayof ..rch.... 1 .1 I?ichter ........ .... ........................................ Signature t Form No.CAF.81380 NOTICE TO CLERK TO SCHEDULE ©©PUBLIC HEARING ITEM TO: CITY CLERK'S OFFICE DATE: L�� FROM: PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE DAY OF 191%. AP's are attached AP's will follow ell AP's Initiated by: Planning Commission Planning Department Petition * Appeal Other Adoption of Environmental Status (x) YES NO Refer to Planning Department - Extension # for additional information. If appeal, please transmit exact wording to be required in the legal.