HomeMy WebLinkAboutWaiving Requirements for Parcel Maps - Code Amendment 83-7 - 4.
IN THE
Superior Court -
OF THE. 9
3 — 2
STATE OF CALIFORNIA
In and for the County of Orange
CITY OF HUNTINGTON BEACH PROOF OF PUBLICATION
CITY CLERK
PUBLIC'
tc"NOTICE OF PUBLIC HEARING
t I CODE AMENDMENT NO.83-7
State of California ) `}.,-MNTATIVE PARCEL MAP
REQUIREMENTS)
County of Orange NOTICE IS HEREBY GIVEN that e
APRIL L. ELLIOTT pp blk bearing will be bold by the City'
CounEil of the City of Huntington Beach
in'thi Council Chamber of the Civic Cen-
ieh,Huntington Beach,at the hour of 7.30
That I am and at all times herein mentioned was a citizen of >S.'M.°or as won thereafter o fM y, passible on
M`d'n�ay the 18tb day of May,1983 for the
the United States,over the age of twenty-one years,and that I �u�..ipgee of considering Code Amendment
am not a party to,nor interested in the above entitled matter; No'.1 03 a request to emend Articles 892
,�83 peeta�wng to tentative
that I am the principal clerk of the printer of the inap rreeqquirement&This code amendment
eatabbehes a procedure to waive required
parcs],map.
HUNTI NGTON BEACH I ND. REVIEW i r`p fil
y of this code amendment on e
n"t6e'Department of Developmmt,8erv-
a newspaper of general circulation,published in the City of fog r
Alt:interested Persons are invited to aN
HUNT I NGTON BEACH tetl�d iieid hearing and express their opin-
ion" for or against said Code Amendment
I N'8$-7,
nW
Count of Orange and which newspaper is published for the r information ma be ok,2W
Y BP � frbui` a Office of the Cyty Clerk,,2000
disemination of local news and intelligence of a general charac• Mitreet,Huntington Beech,Calitor•
iu'p:'9 848-(714)fi38.6227
ter, and which newspaper at all times herein mentioned had D¢ May 14)
and still has a bona fide subscription list of paying subscribers, ;n�ITY OF HUNTINGTON BEACH
and which newspaper has been established, printed and pub- T Br Alicia M.Wentworth .
lished at regular intervals in the said County of Orange fora ;[ City Clerk
period exceeding one year; that the notice, of which the
annexed is a printed copy, has been published in the regular a
and entire issue of said newspaper,and not in any supplement
thereof,on the following dates,to wit:-
MAY 59 1983
1
1
1
I certify(or declare)under penalty of perjury that the forego-
ing is true and correct.
GARDEN GROVE
Datedat................................................
6th MAY 83 ,
California,this ........day of ..........19........ /
April L. Elliott
...i.................... .Signature ...
7,� ���Vu
4
REQUEST FOR CITY COUNCIL ACTION
Date May 5, 1983
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City .Administrat
Prepared by: James W. Palin, Director of Development Services
Subject: CODE AMENDMENT NO. 83-7 , WAIVING THE REQUIREMENT40R
A PARCEL MAP
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Transmitted for the City Council ' s consideration is Code Amendment
No. 83-7, a .code amendment which establishes requirements to waive
parcel maps under specific situations.
RECOMMENDATION:
The Planning Commission and staff are recommending that the City Council
approve Code Amendment 83-7 and adopt the attached ordinance..-
ANALYSIS :
Applicant: City of Huntington Beach
Location: City-wide
Request: Establishment of provisions for Division 9 under
Articles 992 and 993, which establish provisions
to waive parcel maps under specific situations and
which further establishes provisions for prepara-
tion of certificates of compliance.
Planning Commission Action of Aprill9, 1983 :
ON MOTION BY HIGGINS AND SECOND BY ERSKINE CODE AMENDMENT NO. 83-7
WAS APPROVED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION BY THE
FOLLOWING VOTE:
AYES: Higgins, Winchell, Porter, Erskine, Schumacher, Mirjahangir
NOES: None
ABSENT: Livengood
ABSTAIN: None
DISCUSSION:
Code Amendment No. 83-7 establishes provisions to waive the require-
ments for parcel maps under specific situations. This code amendment
V
V
PIO 4/81
.C.A. 83-7
May 5, 1983
Page 2
further requires that the Board of Zoning Adjustments make a finding
that the filing and recordation of a parcel map may be waived .when a
proposed subdivision complies with the requirements as. to area, improve-
ments and...design,. flood. "and water damage control, appropriate approved
public roads, sewer. and' water facilities, environmental .protection, and
other requirements of Article 992 and the Subdivision Map Act. Specific
categories of subdivisions have been identified within this code amend-
ment to qualify for the "waiver of the parcel map requirement. These
categories include short-term leases and land conveyed from a govern-
mental agency, public entity, or public utility or a subsidiary of a
public utility for conveyance " to such public utility for right-of-way.
Other provisions contained within this code .amendment include subdivi-
sion of four (4) lots or less with resulting parcels having a gross
area of 40 acres, subdivision -of four lots or less for the purpose of
leasing, and the consolidation of four contiguous parcels "held under the
same ownership.
Also included in this code.amendment, are provisions for a certificate
of compliance and ''.the requirements for said certificate. In addition,
this. code amendment also requires that the division of five (5) or more
parcels, and/or units, requires a tentative map. This provision has
been changed by adding the word "units" to the sentence which required
.a tentative map for.-the -subdivision of five or more parcels.
After minimal discussion the Planning Commission concurred with this
approach and' approved "Code Amendment No. 83-7 and recommended adoption
by the City Council .
ENVIRONMENTAL STATUS:
Pursuant to the. provision,s set forth under the California Environmental
Quality !Act, this code amendment is categorically exempt.
FUNDING SOURCE:
Not applicable. .
ALTERNATIVE ACTION:
The City Council may consider not approving Code Amendment No. 83-7,
which would. continue to require that 'any consolidation or minor lot
split would continue requiring that-the full-parcel map procedure be,
complied with.
SUPPORTING INFORMATION:
1. ' Ordinance
2. Planning Commission staff report and code amendment dated
April 19, 1983
CWT:JWP:SMB:df
�huntington beach development services department
SYAf f
Ep®R`T
TO: Planning Commission
FROM: Development Services
DATE: April 19 , 1983
SUBJECT: CODE AMENDMENT NO. 83-7
1. 0 SUGGESTED ACTION:
Planning Commission approve Code Amendment No . 83-7 as presented and
recommend adoption by the City Council .
2 . 0 DISCUSSION:
Presented to the Commission for your consideration is Code Amendment
No. 83-7 . This code amendment establishes provision to waive required
parcel maps under specific situations . This code amendment further
requires that the Board of Zoning Adjustments make: a- finding that the
filing and recordation of a parcel map may be waived when a proposed
subdivision complies with the requirements as to area, improvements
and design, flood and water damage control , appropriated approved
public roads , sewer and water facilities, environmental protection and
other requirements of Article 992 and the Subdivision Map Act. Spe-
cific categories of subdivisions have been identified within this
code amendment to qualify for the waiver of parcel .maps . These cate-
gories include short term leases , and land conveyed from a governmental
agency, public entity or public utility or subsidiary of a public
utility for conveyance to such public utilities for right-of-way.
Other provisions contained within this code amendment include subdivi-
sions of four lots or less with resulting parcels having a gross area
of 40 acres , subdivision of four lots or less for purposes of leasing
and the consolidation of four contiguous parcels under the same
ownership.
Also included in this code amendment are provisions for a certificate
of compliance and the requirements for said certificate.
3 . 0 ENVIRONMENTAL STATUS :
Pursuant to the provisions set forth under the California Environmental
Quality Act, this code amendment is categorically exempt.
5 . 0 RECOMMENDATION:
Staff is recommending that the Planning Commission approve Code
A-FM-238
CA 83-7
April 19 , 1983
Page 2
Amendment No. 83-7 as presented and recommend adoption of appropriate
ordinance by the City Council.
ATTACHMENT: Code Amendment No. 83-7
: jlm
r .
CODE AMENDMENT NO. 83-7
1 - AN AMENDMENT TO ARTICLES 992 AND 993 OF THE
HUNTINGTON BEACH ORDINANCE CODE BY AMENDING
2 SECTIONS 9920 AND 9930 . 2 THEREOF AND ADDING
3 NEW SECTIONS 9920. 1 AND 9920. 2 , TO ESTABLISH
PROVISIONS FOR THE WAIVER OF THE REQUIREMENT
4 FOR A PARCEL MAP UNDER CERTAIN CONDITIONS.
5 S. 9920. PARCEL MAP REQUIREMENT. A parcel map shall be filed
6 and recorded for any subdivision , for which a tentative
7 and final map are not required by the Subdivision Map Act, emeept
8 te }eases-{teinabie-by-eitke
g Ka ty-es-net-mere-than-tki s-setiee-in-wr4:t-isg}-e-f-a-
10 �etien-et-an-egeating- igi�t-e -�aay-et-a- aiiead-ee �eatien
11 de€fined-as-st�el�-by-Seeties-�39-e�-tke-Psbiie-Htiiities-Eeele;-��e-
12 ceded--l3e�ae�e ;-that-even-a-sl3e�ving-x3ade-te-tire-$ea�d-a€-Bening
13 Adjtistments-based-tagen-ssbstantia1-evidenee;-that-ptibiie-peiiey-
14 neeessitates-saeh-a-map except ate
15 contained heAein. - -•
16 S. 9920. 1 . . WAIVER UP .PARCEL MAP. Other pAovi,5ionS o4 thit5 chapteA
17 to ..the conttcaAy notwith4tanding , the Aequitc.ement that
18 a patccet map be ptcepatced, 6ited with the Boatcd o4 Zoning Adju4tment.5
19 and tcecmded may be waived, pAovided that a 4inding is made by .the
20 Boatcd o6 Zoning Adju6tment�s m, on appeal., by the Cary Counci.E?, that
21 the ptc.opo�sed tubdivision ..comptie,5 with the tequitLement,6 as to aAea,
22 impAovement and :;design, . 6tood. and 'wateA drainage contAo._, ;apptcopki-
23 ate improved pubtic Aoads , sewvtand wateA : 6acititie�s , enviAonmentat
24 ptcotection, and otheA Aequi4ementz o6 .this . chaptet and,,the Subdivi-
25 ,Skon Map Act.
26 (a) The 6ottowing -typers ob zubdivizion4 ate deemed to comply with
27 the 6inding.6 AequiAed by thin zection 6oA waive)t o6 the patcet
28 map, un.Lu,S the. BoaAd o6 Zoning Adju4tment4 oA, on appeal, the City
I Council; {rods , based on substantiat evidence, that pubtic potic.y
2. necessitates a pa.tce.b map, such map shate :.not be Requited Uot the-,
F . 3 UoZZowing :
4 ( 1 ) Shott-term .lea-6 es, tetminab.2e by.. eithet patty on Chitty
5 ( 30 ) days ' notice, oA. a port on oA the opetating .tight-o{�-
6 way o6 a Aaittoad eotpotation . de6ined 'az . such by Section- 230
7 o6 the Pubtic Utz.. itie/s . Code;
8 ( 2 ) Land conveyed to oA ju m a govetnmentaZ agency; -pubtic
9 entity,. ..on pubtic utility, ot,.to a sub/sidl(aty oi<:a- pubtic
. r 1101 utti ty 4oA . conveyance to ..6uch pubtic utif- y �ot Ai htt5-a6-
way:12 (..b ) The 4ottowing .zubdivilsions, ptovided dedicationz and imptove-,
13 menu- ate not - Requited undeA the ptov:L is 'n . ::G thin Chaplet oA
14 by the BoaAd o4 . Zoning Ad1u/stments oA, on a ppeat, by the City
15 Council, ae a condition o6 apptovat, in the:absence o6 evidence to
16 the ean.tAan.y ate deemed .to compty with the 6indingz Aequited by
17 this ,section Got waiveA , o6 the patee.2 map:
18 (1 ) A lsubdiv.izion . o6 �outc (4 ) Zo,ts oA te/ss wheAein each te/sutt-
19 ing tot oA paAeef2 contain/s a gtozz area o6 6otty ( 401
20 aeAes oA mote;
21 (.2 ) A 6ubdivizion o6 6Qut ( 4 ) .bogs oA tezz ont y 6ot the puA-
22 pose o6 Zeasing the Zotz Aezutting 4Aom zueh zubdivizion;
23 (.3 ) A consotida.tion o6 6ouA ( 4 ) contiguouz patcetz oA totz
24 undeA the tame ownetzhip which were cAea-ted undeA .the pto-
25 vizionz o6 .thi6 chapteA and when con6otidated contain Zezz
26 than Give ( 5 ) acte6, abutting upon a maintained pubtic ztlteet
27 oA highway and no dedica.tionz oA imptovementz ate AequiAed by
28 -thiz ehap,tet oA by .the Boatd o6.. Zoning Ad1u/s-tmen.ts .
-t
The pAoceszing o6 any appX-ication pursuant to this section
2 shatt b;e 6ubj'ect to the same time Aequ,inementt5 and appeat pro-
!- ., .. . -.. . .., ...
! 3 cedune,s ass aAe pnov.ided in thin chapteA 6oA tentative patc.cet map,s .
' 4 In any case, .where waived o�) the paAcet map ,i,5 granted by the Board
5 ..'pi6 Zoning Adju6tmentA m, on appeat, by ,the City Counc.it, the D.iA-
6. ectm o6 Devetopment •SeAv-ices shatt cause to be 6ited �oA tcecoAd
7 with the County Recorded. a Ce)Ltijicant o6 Comptiance. Pu't,suant to
8 Section ( b ) ( 3 ) such 6 it ing s hatt be accompan�:ed by a ptat map.
9 This ptat map shatt be 06 su66ic,ien.t deta,it to de6ine tegat bound-
: 10 aALiez o6 the pAoposed patcce.b consotidation.
11 S. 9920. 2 . CERTIFICATE, OF COMPLIANCE :The .ceAti6icate o6 comp2.i-
12 ance ,shaft state that cet tag n %eat pngpeA-ty. comptiez
13 with the pAovis ions o6 th.iz chaptetz and the Subd,ivis.ion Map Act.
14 The cetti6 icate ob comptiance shatt .identi6y the Aea2- ptopeAty and
15 zhatt state that the consotidation oA division theAeo4 comptiez with
16 thiz chaptetz and the Subd,ivi,sion Map Act.
17 'S. .9930. 2 .', TENTATIVE MAP. Subdivision of five (5) or more parcels-
s18 and/oA unitz .
19
20
21
22
23
24
25
26
27
28
Publish 5/5/83
NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO. 83-7
(TENTATIVE PARCEL MAP REQUIREMENTS)
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 16th day of May 1983 ,
for 'the purpose of considering Code Amendment No. 83-7, a request to amend Articles
992 and 993 pertaining to tentative parcel map requirements. This code amendment
establishes, a procedure to waive requi.red parcel map.
A copy of .this code amendment is on file in the Department of -Development Services.
t
All interested persons are invited to attend said hearing and express their
opinions for oorr against said Code Amendment .No. .83-7
Further information may be obtained from the Office of the City Clerk 2000 Main
Street, Huntington Beach, California. 92648 - (714) 536-5227
DATED 5/l/83 CITY OF HUNTINGTON BEACH
By: Alicia M. Wentworth
City Clerk
NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING
ITEM
TO: CITY CLERK'S OFFICE DATE: _
FROM: - E
PLEASE SCHEDULE. A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE
_DAY OF 19F3
AP's are attached
AP's will follow.
No AP's.
Initiated by:
Planning Commission
Petition
* Appeal
I
Other
Adoption of Environmental Status (x)
YES NO
Refer to Planning Department - Extension # 2
for additional information.
* If appeal, please transmit exact wording to be required in the legal.
Authorized to Publish Advertisements of all, s including public
notices by Decree of the Superior Court of Orange County,
California, Number A-6214, dated 29 September, 1961, and
A-24831, dated 11 June, 1963.
STATE OF CALIFORNIA
1
County of Orange Public Notice Advertising covered
by this affidavit Is set in 7 point .
wlth 10 pica column width.
t!
I am a Citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the below
,entitled matter. I am a principal clerk of the Orange
Coast DAILY PILOT, with which is combined the
NEWS-PRESS, a newspaper of general circulation,
printed and published in the City of Costa Mesa,
County of Orange, State of California, and that a
Notice of Pull!
CO
33-7
CITY OF HUNTINGTON BEACH
of whits copy attached hereto is a true and complete
"PUBLIC NOTICE
copy, was printed and published in the Costa Mesa, LEGAL NOTICE '77771
Newport Beach, Huntington Beach, Fountain Valley, ', NOTICE OF PUBLIC NEARING is
y ",-.CODE AMENDMENT N0.89-7
Irvine,. the South Coast communities and Laguna blic'hE rl HEREBY GIVEN that a'
g public'hearing will be held by the
Beach issues of said newspaper for one cs�uNul- City y of Huntington Beachof es
Ca ltornle,�:for the purpose of
a'6R96 Uft1M 1(1 to wit the issues) of considering Code Amendment No.
B -7`a request to amend Articls,+g
I M pertaining_to tentative parcel
i' rnap requirements. This code.
a•mendmen't establlshe.s1a.
April 9 3 procedures to waive required parcel,
198 map: A ,00'py .of:this'code
amendment Is on flie,ln;,the
DgepeOMPnt ,of iDevelo�ment
198 $"�Said heiripng'will be held at the'
7'3n in the f,C.II;ft,'On ChambersBuildingl ent
the Clvlo Cenlar.2000'Main,St,"_ '
198 .,Huntington BeaFh"Califomis"'";'? i
All Interested'persons are Invii,41
to:attend;sald,hearinp` r!Q;axp(eae;
their.opinions:.or or againthe'st
proposed Cgdfl tome,gig4nt No;
198 63
r Further Inlormatlo0 may be
obtained fromuahe CIty7��ann)np
Department 1 a
198 yTelephone No.(714)ee0-e271i
e�DA,I�D ls tli 1,1
'
� a Y '! f'6w�I
10e3+� 1 -�� rW
CltylPlanning Copljos'l n
/3d "4�"1 Secretary ,w all ;
I declare, under penalty of perjury, that the Pubuehed,;'orangePaet
foregoing is true and correct. iPuct :�pnl5g1f)r }
a{t,ta32 b3
Executed on April , 198 3
apfasta Mesa, nia.
Signatu e
PROOF OF PUBLICATION