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HomeMy WebLinkAboutRecreational Open Space District - Code Amendment 73-6 - Ord Affidavit of P lication State of California County of Orange ss City of Huntington Beach I George Farquhar, being duly sworn on oath, says: That he is a citizen of the United States, over the age of twenty-one years. APPROVED X CIT GGUNGIL Huntington Beach News, a pub- lished 1n Huntington Beach of California land circulated and pub- at a is the renter an weekly newspaper g printed ' gin the said ` --------­--­------- County -�-��---•--19� -- of Orange and elsewhere and published for the dissemination 1� of local and other news of a general character, and has a bona fide __ -__ `�_ subscription list of paying subscribers, and said paper has been - KI I established, printed and published in the State of California, and CITY GLERK 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 Published :r4urisine'tom Beach News -W1a of Orange County, California August 27th, 1937 by order No. A-5931. 10, 1973. 11 NOTICE OF PUBLIC HEARING That the CODE AMENDMENT 23.-6 'CODE AMENDMENT 73-6 NOTICE IS HEREBY GIVEN that a pub- lic .hearing will be held by the City Council of the City of Huntington Beach, of which the annexed is a printed copy, was published in said news- 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 the 21st day of paper at least One issue 'May, 1973, for the purpose of consider- ing a proposed Code Amendment: "RECREATIONAL OPEN SPACE DIS- commeneing from the loth day of May TRICT." The purpose of this district is to provide for commercial recreational uses by encouraging their development 19-23—, and ending on the 10th day of May in keeping with the natural amenities of such uses and'to.conserve natural re- .sources and scenic features of the land. All interested persons are invited to 19-23_ both days inclusive, and as often during said period and attend said nearing and express their times of publication as said paper was regularly issued, and in the opinions for or against said,code amend- regular and entire issue of said pewspaper proper, and not in a ment. supplement, and said notice was published therein on the following Further information may b obtained P from thhee Office'fo the City Clerk. dates, to-wit: DATED: May 7, 1973 CITY OF HUNTINGTON BEACH May 10, 19713 BY: Alicia M. Wentworth 1, City Clerk P991isher Subscribed and sworn to before me this llth day of May—, 19_23_. Notary Public Orange County, California THOMAS D. WYLLIE Notary Public-California.. Orange Counfy My Commission Expires September 12 1974 7v Publish Postcards 0 NOTICE OF PUBLIC HEARING Code Amendment 73-6 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 the 7� day of May _ 19 73 , for the purpose of considering a proposed Code Amendment: "RECREATIONAL OPEN SPACE DISTRICT." The purpose of this district is to provide for commercial recreational uses by encouraging their development in keeping with the natural amenities of such uses and to conserve natural resources and scenic features of the land. All interested persons are invited to attend said hearing and express their opinions for or against said code amen,dent Further information may be obtained from the Office of the City Clerk. DATED: -May 7, 1973 CITY OF- HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk e Numbei f Excerpts None F Pub f i s h Once LEGAL NOTICE NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 7 3-6 110TICE IS:' I EREBY GIVEN that a .public ,hearing will be held by the City Pltfaag. C ' ;scion of the City of Huntington Beach for ithe P�Wpope of ,00nq dering Proposed Code Amendment . - �vRECREATORIAL O#EIS SPt C; DISTRICT ," The purpose of this district is .to provide for co r-ciA1 .-.tecreatioual uses by encouraging their develo'' nt .in"�k" ng -with the natural amenities of such uses- a.nd to' tonstkver a turai r.'sources and scenic features of the . land. Said .hearing i13' :be 'held at the: hour of 7 a 00 P.M. , on Fly 1 ,. 1973 p: `in" the Council Chamber of the Civic Center, '. =tington . i,Pach, .'-Califo.rnia, on 5th Street between Main Street end Orange .--,k%.r Leo. All` irti�4-ted` ` '.'r. ns- arc. invited to attend . saiu hearing and express- t;h-03r., .60ih#:oni d:for or against the proposed Code_ g . FCarther:;li f0 tion may,, ,btu .obtained from the City Pl a:, ing, D00artment'l-I;;', T oti�� !)A'i'ED tl2i;; I19 . iry o.f;+."�Pxi1 , 1973 CITY PLANNING COMMISSION By �. K.A. Reynold Secretary S City Clerk City of Huntington Beach The Huntington Beach Planning Commission, at their regular/ wed meeting held , recommended Of 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, . p zr •eft will be submitted upon your request. The applicant in this matter is 4016 (Address) O (Telephone) Kenneth R. Reynolds, Planning Director BY zo r �J Huntington Beach Planning. Commission P.O. BOX 190 CALIFORNIA 92648 TO: Honorable Mayor and City Council FROM: Planning Commission DATE: Ivla � 8, 1973 RE: CODE AMENDMENT NO. 73-6 The purpose of Code Amendment No. 73-6 is to provide for recreational uses by the establishment of a Recreational Open Space District. This district creates a new zone classification for public or privately owned and operated recreational uses. The Planning Commission held a public hearing on May 1, 1973. Mr Jerry Shea, Huntington Beach Company, was present and addressed the Commission, stating that the proposed Recreational Open Space District would not accomplish its intent. He stated that it was unlikely that a property owner would request rezoning unless he was creating a major recreational enterprise. If the city initiates such a zone change, it may amount to inverse condemnation, and even if effected, the zone change will not assure use of the land for that purpose. The end desired would be better accomplished by providing incentives to the land owner under the unclassified uses code amendment. Mr. Shea recommended that the Code Amend- ment not be adopted in the best interest of the public and private sector for the reasons that the proposal is regressive; it should include incentives and should more properly be included in the unclassified uses code amend- ment. The proposed amendment was approved by the following vote: Ayes: Bazil, Kerins, Wallin, Boyle, Geiger, Porter Noes : None Absent; Higgins Code Amendment No. 73-6 May 8 , 1973 Page 2 The reason given by the Commission for adoption of Code Amendment No. 73-6 is the State mandate that the master plan of land use must conform to the zoning. At the present time, the City of Huntington Beach has a master plan desig_, ; nation for Recreational Open Space Land Use, but does not have appropriate zoning. Code Amendment No. 73-6 establishes such a zoning district. The State Planning Act requires that a public hearing be held by the City Council after which the code amendment may be adopted by ordinance. Additional Information: The Planning Commission directed the staff to prepare a map delineating those areas to which the Recreational Open Space District may apply and following review of this map , those areas will be set for rezone hearings. The public hearings are to be scheduled for June 5 , 1973, if at all possible. Supporting Information Submitted Herewith: 1. Code Amendment No. 73-6 2. Staff Report Information to be submitted at the Public Hearing: 1. Staff Comments Respectfully submitted, K.A. Reynolds, Secretary KAR:jh Encl: THIRD DRAFT " , 1 Proposed Code Amendment No . 73-6 2 May 1 , 1973 May be generally referred to as : 3 "RECREATIONAL OPEN SPACE DISTRICT" 4 That the following changes are proposed to the Huntington Beach Ordinance Code : the intent being to recognize that within the 5 City there exists a need for facilities that are publicly or privately owned and operated which •are devoted to recreational 6 use and which consist predominately of open landscaped spaces with incidental structures peculiar to their operation . The purpose 7 of this district is to provide for recreational uses by encouraging their development in keeping with the natural amenities of such 8 uses and to conserve natural resources and scenic features of the 9 land . Said changes shall read as follows : - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 11 REPEALED: (None) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12 RENUMBERED (None) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 13 14 AMENDED : 15 S . 9050 . 1 Designation of Districts . (1677- 10/71) 16 R1 Cl RA R2 C2 Al 17 R3 C3 SP-1 R4 C4 S1 18 MH M1-A CF- R5 M1 -CD 19 -PD M2 0 ROS 20 Stiff ix-'-'X"-added-te-district-designatien- indieated-distriet-as adep�ed-by- Inte�ir�-9rdinanee -Aie: -668 : 21 22 Stiffi.x- L'YL'-added- te-distyiet-desigxatien- indieated-distr}et-as adapted-by- IRte�ir�-Ordinance-Ric: -672: 23 24 (Beth- Interim-9rdinanee-Nez -668-and-672-adept-grange-eaunty-Land Use-Ordinance-Ne: -351-by-refeyenee) - (737i - 754; - 7SS) - 25 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - 26 ADDED : ARTICLE 969 27 RECREATIONAL OPEN SPACE DISTRICT 28 1 . Intent and Purpose • The intent of this district is to 1 of 4 1 recognize that within the City there exists a need for 2 recreational facilities that are privately or publicly owned 3 and operated which consist predominately of open landscaped 4 spaces with incidental ' structures peculiar to their operation. 5 The purpose of this district is to ,provide for recreational 6 uses by encouraging their development in keeping with the 7 natural amenities of such uses and to conserve natural 8 resources and scenic features of the land . 9 2 . Definitions . All definitions shall conform to Article 970 . 10 3 . Uses Permitted. The following uses may be permitted subject . 11 to the approval of a Use Permit application by the Board of 12 Zoning Adjustments : 13 Athletic fields including but not limited to polo , 14 baseball , football , soccer , and lawn bowling . 15 Racquet and tennis clubs 16 Picnic grounds 17 Archery range 18 Golf course 19 (a) County Club 20 (b) Pro shop 21 (c) 3-par golf course (including pitch and putt) 22 Boating 23 Water skiing 24 Fishing ponds 25 Recreation centers 26 27 Swimming pools and clubs 28 Visual art festival grounds 2 of 4 � R ` A 1 Bird sanctuary , aviary, and farm 2 Arboretum 3 4 . Uses Subject to Conditional Use Permit . The following use and other recreational 4 uses and structures that are similar to those permitted and 5 that meet the intent of this article may be permitted subject 6 to the approval of a conditional use permit : a. Zoo 7 S . Yard Requirements . 8 a. Front . The front yard setback shall be a minimum of 9 twenty-five (25) feet , landscaped , and free from any 10 structures , fencing , and parking area. 11 b . Side . 12 1) Interior side yard shall be a minimum of twenty-five 13 (25) feet . 14 2) Exterior side yard shall be a minimum of twenty-five 15 (25) feet , landscaped , and free from any structures , 16 fencing , and parking areas . 17 C . Rear yard setback shall be a minimum of twenty-five 18 (25) feet . 19 6 . Development Standards . 20 a . General Standards I 21 1) Minimum parcel or building site : Five acres . 22 2) Minimum frontage : one hundred (100) lineal feet . 23 3) Maximum building height : The maximum building height 24 shall be forty-five (4S) feet except that any 25 structure located within fifty (50) feet of property 26 that is used , master planned, or zoned for 27 residential use shall not exceed one story or 28 fifteen feet in height whichever is more restrictive . 3 of 4 1 4) Maximum coverage for all structures shall not exceed 2 twenty-five (25) percent of the net land area . 3 S) Landscaping and irrigation plan shall be subject to 4 Planning Department approval . 5 6) Signs shall conform to Article 976 . 6 7) Parking shall conform to Article '979 . 7 8 9 10 11 12 13 14 15 161 17 18 19 20 21i i 22 � i 23 24 25 i 26 27 28 4 of 4 MEMO H I TO: PLANNING COI ISSIOH FROM: Planning Department CODE AMENDMENT NO. .73-6 DATE : May 1 , 1973 PuR OSE: To provide for QQ I U0306AO& recreational uses T by encouraging their development in keeping with the natural amenities of such uses and to conserve natural resources and scenic features of the land . by the establishment of a Recreational Open Space District, The Recreational Open Space District creates a new zone classifica- tion for public or private owned and operated recreational uses . The purpose of this new district is to provide recreational uses in k , ping with the natural amenities of such uses and to conserve natural resources and scenic features of the land. The intent of Fie Recreational Open Space District is to recognize that within the City of Huntington Beach there exists a need for recreational facilities which consist predominately of open landscaped spaces wi)tth incidental structures peculiar to their operation. Code Amendment No. 73-6 was approved at the April 10, 1973 Planning Commission study session and set for this public hearing. The third draft reflects the amendments discussed with the Planning Commission and adds ROS to Section 9050. 1 Desi ation of Districts . Also a deletion of Suffix 'Y' and "y" will eliminate an extraneous part of this section.