HomeMy WebLinkAboutCode Amendment 71-5 - Ordinance 1676 - Amends Section 9921.3 ORDINANCE NO. 1676
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING SECTION 9921. 3 AND SUBSECTION (a)
OF SECTION 9921. 8, PERTAINING TO THE FILING
OF SUBDIVISION MAPS , AND AMENDING SECTION 9941 .10
TO PERMIT THE ESTABLISHMENT OF LOTS WITHOUT
FRONTAGE ON A PUBLIC STREET
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1. The Huntington Beach Ordinance Code is hereby
amended by amending Section 9921.3, Subsection (a) of Section
9921. 8 and Section 9941.10 to read as follows :
9921. 3. FILING (SUBDIVISIONS OF FIVE OR MORE LOTS) .
Twenty-five (25) copies of a tentative map and a statement of
the proposed subdivision shall be submitted to the Planning
Department . The filing fee shall be a minimum of $100 plus
$2 per lot for each lot over fifty (10) lots .
9921.8 . PLANNING COMMISSION ACTION .
(a) The Planning Commission shall determine whether
the tentative map is in conformity with the provisions of law and
of this article . A subsequent decision on such map shall be
approved, conditionally approved, or disapproved within the time
and manner prescribed by the Map Act . A notice of this decision
shall be reported directly to the subdivider. Also, a memo shall
be transmitted to the City Engineer setting forth this action
with a copy of the tentative map.
9941.1o . LOTS . The size and shape of lots shall be in con-
formance to any zoning regulations effective in. the area of the
proposed subdivision and the provisions of Section 9941. 4 of this
article, and shall not be less than the regulations specified
therein. The Planning Commission may recommend the granting of
exception to this provision where there are unusual topographic
conditions , curved or cul-de-sac streets or other special
conditions .
In unclassified districts, the Planning Commission shall specify
the size and shape of all lots in conformance with the use pro-
posed and approved by said Planning Commission.
(a) The side lines of all lots , so far as possible , shall be
at right angles to the street which the lot faces , or
radial or approximately radial if the street is curved.
• (b) Divided Lots . No lot shall be divided by a city boundary
line.
-I-
Publish 3/25/71
'1 Poe tcards
f
RULIC HEAR IIJ SE-f ,,-NOTICE OF PUBLIC HEARING
CODE AMN 3O :7
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.N. , or as soon thereafter as possible, on. Monday
the 5th day of ±pril _ 9 . 19 713, for the purpose of
considering a proposed code amendment to renumber the following
Section of the Huntington Beach Ordinance Code to read as follows ;
Renumbered: Section 9921.3 to Section 9921. 2. 1
Said amendment proposes to amend the following section of t:he Huntington
Beach Ordinance Code to read as follows :
Amended : Section 9921. 2. 1 F'iliM Twenty-five (25) copies of a
tentative map and a s atement of the proposed subdivision shall be
submitted to the Planning Department. The filing fee shall be a
minimur,? nf_ $100.00 plus $2.00 per lot for each lot over fifty (50)
,8���
NO
44
A!,M IDE,D'i ecti6n '94,21 v8'
` (a) The Planning Commission shall determine whether the tentative
`t snap is in conformity with the provisions of law and of this Ordinance.
A subsequent decision on such map shall be approved, conditionally
approved or disapproved within the time and manner prescribed by the
Subdivision :'dap Act. A notice of this decision shall be reported
d-irectly to the subdivider. Also, a memo shall be transmitted to the
City Engineer setting forth this action with a copy of the tentative
map.
,t
Amended: Sec r-ion 9941. 1.0 Lots .
(c) Lots without an approved access to a street will not be permitted.
City Clerk
City of Huntington Beach
The Huntington Beach PJanning Commission, at their regular/ad4-aarfCed
meeting heldq az 14, 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,
attached hereto®
The applicant in this matter is
(Address) (Telephone)
Kenneth R. Reynolds ,
Planning Dire- or
By
r
Num er cif Excerpts Done
Publish Once
LEGAL NOTICE
NOTICE OT PUBLIC TEARING
CODE AMENDMENT NO 71-5
ITOTICE 12A i(EREIi ( ',IVE11 th=3t 'j ),)bli.c hraring will be held
by the City Planning Commis.,ion �)f thy, City of Huntington
Beach for th(�. purpose of considering a Proposed Code Amendment
Said amendment proposed to renumber the following Section of the
Huntington Beach Ordinance Code to read as follows:
Renumbered: Section 9921 .3 to Section 9921 .2.1
Said amendment proposes to amend the following section of the
Huntington Beach Ordinance Code to read as follows :
Amended: Section 9921 .2. 1 _ Filing: Twenty-five (25) copies of a
tentative map and a statement of the proposed subdivision shall be
submitted to the Planning Department. The filing fee. shall be a
minimum of $100.00 plus $2 .00 per lot for each lot over s`ifty (50)
lots, (see next page)
Said hearing will be held at th(, hour of 7:00 Pe111^ 9
on March 16, 1971 9 in the Council Chamber of the Civic Center,
Huntington Beach, California, on 5th Street between Main Street
and Orange Avenue.
All interested persons are invited to attend said hearing
and expr-ss their opinions for or against the proposed
4nendment
0
:wurthe=r information may be obtained from the City
Planning Department.
Telephone No 536-5271
DATED this 4th day of March, 1971
CITY PLANNING COMMISSION
K.A. Reynolds
Secretary
(a) The
Mativo MP is in ConforwUl Won
and of WS Ordinance . A Y"bsequen'
,h,11 be pproved, conditionally WNW"
Within tjW njuw and wanncr oMscrWyk h'
Ma p o!: ALS .M . Ain hail In
dic "SW i --4 t1oo-
3ha bn
M Enl1w tWll
rti the su e Eoyrh WS MUM
mitAyg `
with a copy 01 the tentanve Hnp
Amended: Sec, hon 99"JAU Lou> -
(c) Lots WhOut an akDruved
nOL be perminted.
(c) Lots without an approved access to a street will not be
permitted.
(d) Lots , other than corner lots , may front on more than one
street where necessitated by topographic or other unusual
conditions .
(e) The subdivider may be required to dedicate and improve walk-
ways across long blocks or to provide access to school ,
park or other public areas .
SECTION 2 . This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
t
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach News , a weekly news-
paper of general circulation, printed and published in Huntington
Beach, California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 4th
day of October, 1971.
Mayor
ATTEST:
City 6rerk
APPROVED AS TO FORM:
Cit tt
-2-
Ord. Mo.
i
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I, PAUL C. JONES, The duly elected, qualified, and
acting City Clerk of the City of Huntington Beach and ex-
officio Clerk of the City Council of the said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
ordinance was read to said City Council at a regular
meeting thereof held on the 20th day of September
19 71 , and was again read to said City Council at a regular
meeting thereof held on the 4th day of October ,
19 71 and was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council.
AYES: Councilmen:
Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and -officio Clerk
I, PAUt C. JONES, CITY CLERK of the City of of the City Council of the City
Huntington Beach and ex•officio Clerk of the City of Huntington Beach, California
i Council, do hereby certify that this ordinance has
been publisheWithe untington Beach News on
--- -- -- 197f
to accordance with the Ci---- ter of saki City.
�}�UL C CNN
-- r
City Cler i
L
Deputy City Clerk
I
rage ,"15 - Council M-_i ites - 4/5/71
There being no are present to speak on the matter and there being no
protests filed either oral or written, the hearing was closed by the
I.ayor Pro Tempore.
On motion. by Green, Council sustained the decision of the Planning
Commission; approved Zone Case No. 71-2; and directed the City Attorney
to prepare an ordinance effecting the change of zone. Motion carried.
PUBLIC 1-GAF-14G--''ZONE CASE NO. 71-3 - APPRC-VED
Mayor Pro Tempore Matney announced that th s was the day and hour set
for a public liearing on Zone Case No. 71-3, on property located on the
west side of Huntington Street approximately 3C', fee-, south of Adams
Avenue for a change of zone from. E3-0 Limited Multiple gamily Residence
Listrict, combined with oil production to 1-4 Highway Commercial District
With a 50 foot setback from the ultimate property line.
The Clerk informed Co-i_;ncil that all legal requirements for notification,
publication and posting on said public hearing had beet; met and that he
Had received no communications o^ written protests to Zone Case No. 71-.3,
or to the recommendation of approval of the Planning Commission.
Maycr Pro Tempore Pviatney declared the hearing open.
There being no one present to spear on the matter and there being no
protests filed either oral or written, the hearing was closed by the
Mayor Pro Tempore.
On motion by Bartlett, Courc_l sustained, the decision of the Planning
Commission; approved Zone Case No. 71-3; and directed. the City Attorney
to prepare an ordinance effecting the change of zone. miotion carried .
PUBLIC HEARING - ZCNE CAST; NO. 71-4 - APPROVED
Mayor 2ro Tempore Matney announced that this was the day and hour set
for a public hearing on Zone Case Ito. 71-�-:, on property located at the
northeast corner of Bushard. Street and Indianapolis Avenue for a change
of zone fran RA E-esider_tial Agricultural district, to Rl Single Family
esider_ce District.
The Clerk informed Council that all legal requirements for notification,
publication and posting on said public hear_ag had been met and that
he had received no communications or written_ protests tc Zone Case
ado. 71-4, or to the recommendation of approval of the Planning Commission.
Mayor Pro Tempore Matney declared the hearing open.
There being no one present to speak on the matter and there being no
o-rotes�s filed either oral or written, the hearing was closed by the
Mayor Pro ` er:_Nore.
On motion by Green, Cour_cil sustai zed the decision_ of the Planning Com-
mission; approved Zone rase No. 71-4; and directed the City Attorney to
prepare an ordinance effecting same. Motion carried.
PUBLIC HEARI_JG - CODE AMENDP•T-;VT NO. 71-5 - APPRO2D
Mayor _--Pro Tempore Matney announced that this was the day an(: hour set
for a public hearing on Code Amendment No. 71-5 which proposed to re-
number the iollow:.n_g section of the Huntington B-ach Ordina_ce Code to
read as follows: Renumbered: Section 9921.3 to Section 99'1.1.1 -
Amended Section 9�7':21.2.1 Filing - 'Tnrentyfive conies of a to itative map
and a statement of the proposed sabd_ivisior_ shall be submit;ed to the
Planning Department. The filing lee shall be a zlinimum of .3100 plus
$2 per lot for each wot over fii'ty lots. Amended Section 0432'.�3
Plannina Commission Action - (a) The Planning Co-.rnission shall determine
whether the tentative map is in conformity with -,he p-rovisi)ns of law
and of this ord'ra.nce. A swbsequer_•t decision on suc:i -map s tall be
approved, conditionally approved or disapproved r:ithin the --!me and
manner prescribed by tre Subdivision Map Act. A notice of ;his decision
shall be reported direct=y to the subdivider. ALSO a memo ..hall be
transmitted to the City Engineer setting fort^ t .is action a th a copy
of the tentative map. Amended - Section 9941.1,C Lots - (c) Lots without
an approved access to a Ttr-eet- will not be permi ;ted.
=az e Flo - Council Y-.nutes
The Clerk informed Council that all legal req-airei*ie nts for publication
and post-ng hac been met ar_d that e =zd received no ccitmunica-tions
or written protests tc Cove Amendment No. 71-�, or to the recomR_enda-
tion of approval of the Planrr—g Commis-sion.
Mayor Pro ^empore Matney declared the nearing open.
There being no one present to speak on the matter a.nd there being no
protests filed, either oral cr i-rittex:, the hearing was closed by the
Mayor Pro Tempere.
c,n motior. by Bartlett, Counci- sustained the aecision of the Planning
Commission; approved Code Amendment D:o. 71-5, and directed the City
Attorney tc prepare an ordinance amending; the Huntington Beach Ordinance
Code effecting same. Notion carried.
P`iTBLIC TEAR=:dCr - CODE At Td_)_itAi1' 1-0. 7i-? - APPROVED
Mayor Pro Iempore Matney announced that this was the day and hour set
for a public hearing or, Code Amendment No. 71-7 w.:ich oroposes to amend
the Hur_tir_gton Bea.eq Ordinance Code as follov.Ts_ Section 9862-Rejection
of Faulty Petition - The Planning Director or his representatives shall
refuse to accept for filing, any application re-quired to be filer- with
the Planning Department :•rhea said application does not contain informa-
tion req-aired to be prow-ded, is improperly filled out, or on its face,
does not meet the requirements o; this code.
Tie Clerk informed Council that all ietgai regL:irexents for publication
and post; ng had beer_ :het and t-at he had received rio communications or
,-rittcr: protests to Code A_rieridment- vo. 7--7 or to the recommendation
of approval by the Plan=-ng Commission.
Mayor Pre, Tem_:ore I3atney declared the rearing open.
There being r_c one cresen, to speak on the matter and there being rid
protests f-led, either viral or written. the hearin` e.as closed by
the -%Iayor Pro Tempore.
- motiar by careen, Co-c c sustained the decision of the Planning Com-
mission.; ap-rovec Cooe Amendment No. 71-7; and directed the City Attorney
to prepare an ordinance effecting. the hunt=ngtcn Peach Ordinance Code
to effect same. Motion carried.
REQ17ST FOR RECONSiDERA-TO".d - Et?R+ CpSj�tif1"y,fjfj
Mr. Earl Carraway, representative of the A.L. G.Inaling Company, Les
Angeles, addressed Council regarding Counil's rejection of the appeal
fl-ed by A. L. Gindii:�g Company to 'he de-,ial by the Planning Commis-
sion of Condii;ioral Exception ado. 71-1, as said. appeal -na.d not been
filed according tc she requirements set forth it ?Article 988 of the
Hurtington Beach Ordinan,,ce Ccoe.
He requested that Council grant permission to LY=e A. Gindling Company
to contin:;.e the use of the directional sign only ur_ti _ the remair-der
of their houses are sold.
Considerable discussion was held betwee^ tae Council .and "sir. Car-away,
however, no action was taken on the matter.
ADJOI-,R:IMEIaT
Or_ motion by Green, the regular meeting of the City C >urci 1 of tie City
f Huntington Beach adjourned at 1:10 A.M.
'otion carried.
_au nes
City Clergy and e- officio C',_erk
of the City Coin cil of t o :ity
of '-intington ne ch, Califo:•ria
TTE�? v ry .. J1amr
Pau Jones Mayor Pr.; Tempore
49 Ci..y Cleri_
d
HuOnZM Beach N ann ft COMMSSW
P.O. SOX 960 CALIFORNIA 92648
April 5, 1971
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: Planning Commission
RE: Code Amendment No 71-5
ATTN: Doyle Miller, City Administrator
Paul Jones, City Clerk
Gentlemen:
Transmitted herewith is a copy of Code Amendment No 71-5. Said amendment
proposes to renumber the following Section of the Huntington Beach Ordinance
Code to read as follows; Renumbered: Section 9921.3 to Section 9921.2.1
Said amendment proposes to amend the following section of the Huntington
Beach Ordinance Code to read as follows: Amended: Section 9921.2.1 - Filing:
Twenty-five (25) copies of a tentative map and a statement of the proposed
subdivision shall be submitted to the Planning Department. The filing fee
shall be a minimum of $100.00 plus $2.00 per lot for each lot over fifty (50)
lots.
Amended: Section 9921.8 Planning Commission Action:
(a) The Planning Commission shall determine ,whether the tentative map is in
conformity with the provisions of law and of this ordinance. A subsequent
decision on such map shall be approved, conditionally approved, or disapproved
within the time and manner prescribed by the Subdivision Map Act. A notice
of this decision shall be reported directly to the subdivider. Also, a memo
shall be transmitted to the City Engineer setting forth this action with a
copy of the tentative map.
Amended: Section 9941.10 Lots:
(c) Lots without an approved access to a street will not be permitted.
The Planning Commission at their March 16, 1971, meeting unanimously approved
Code Amendment No 71-5 and recommends adoption by your Honorable Body.
The State Planning Act requires that a public hearing be held after which the
plan may be adopted by ordinance.
Respectfully submitted,
K. A. Reynolds
Secretary
KAR: bl
MEMO
TO: Planning Commission
FROM: Richard A. Harlow
DATE: March 16, 1971
RE: CODE AMENDMENT NO. 71-5
The above referenced code amendment proposes three
changes to the Subdivision. Ordinance.
The first change is an amendment to Section 9921.2. 1 -
Filing. This section presently specifies the number of
maps to be submitted when filing a subdivision map, as
well as the filing fee and the time within which this
map must be acted upon. The proposed amendment will
limit this section' s scope to specifying the number of
maps to be submitted and the filing fee.
The second change deals with Section 9921. 8 - Planning
Commission Action. This section was previously entitled
"Planning Commission Approval" and specified the time
within which the Planning Commission must act on a map
and the action to be taken by the Planning Staff after
the map is acted upon. The amendment eliminates any
specific reference to the time within which the map
must be acted upon and refers to the provisions of the
State Subdivision Map Act.
The third change is to Section 9941. 10(c) "Lots" . The
present section does not permit lots without frontage
on a public street. This amendment allows the estab-
lishment of lots without frontage on a public street
but requires that approved access to the street be pro-
vided.
The staff recommends approval of Code Amendment No. 71-5.
1 FOURTH DRAFT
2 PROPOSED CODE AMENDMENT 71-5
3 February 23, 1971
4 The following changes are proposed to the Huntington Beach Ordinance Code;
5 the intent is to revise procedures for subdivisions. Said changes shall
6 read as follows:
i�
7 'i REPEALED: . . . .. . . . ..
8 RENUMBERED: 5.9921.3 to S.9921.2. 1
9 AMENDED: Section 9921.2. 1 Filing.
10 li Twenty-five (25) copies of a tentative map and a statement of the proposed
it
11 %!i subdivision shall be submitted to the Planning Department. The filing fee
12 shall be a minimum of $100.00 plus $2.00 per lot for each lot over fifty
13 (50) lots.
14 AMENDED: Section 9921.8 Planning Commission Action.
15 (a) The Planning Commission shall determine whether the tentative j
16 map is in conformity with the provisions of law and of this
17 Ordinance. A subsequent decision on such map shall be
18 approved, conditionally approved, or disapproved within the
19 time and manner prescribed by the Map Act. A notice of this
20 " decision shall be reported directly to the subdivider.
21 IiI
Also, a memo shall be transmitted to the City Engineer
22 setting forth this action with a copy of the tentative map.
23 AMENDED: Section 9941.10 Lots.
i
24 (c) Lots without an approved access to a street will not be
25 permitted.
26 ADDED: .
27
28
29
30
31
32
�ii
All interested persons are invited to attend said hearing and
express heir opinions for or ,against said Code Amendment.
Further information may be obtained from the Office of the City
Clerk.
DATED- 3/18/71 C 1 TY OF Y NCTON LEACH
By: Paul C . Jones
City Clerk