HomeMy WebLinkAboutCode Amendment 72-33 - Ordinance 1821 - Article 973 Miscella Affidavit of 1l f ilicati®n
State of California J s
C'bunty of Orange ss nJ
City of Huntington Beach ( " A
George Farquhar, being duly sworn on oath, says: That he is a v
citizen of the United States, over the age of twenty-one years.
That he is the printer and publisher of the Huntington Beach
News, 'a weekly newspaper of general circulation printed and pub-
lished in Huntington Beach, California and circulated in the said i
County of Orange and elsewhere and published for the dissemination l
of local and other news of a general character, and has a bona fide
subscription list of ✓° ...........
printed published in s, and said paper has been
established, ringted nd p lished subscribers,
State of California, and
Count of Orange, for at least one r 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 Huntington Beach News Dec.
of Orange County, California August 27th, 1937 by order No. A-5931. 28, 1972.
NOTICE OF PUBLIC HEARING
2-33
That the CODE A14ENDMENT r72.-3i CODE AMENDMENT 7that .
i' NOTICE IS HEREBY GIVEN that a pub-
lic hearing will, be held by the City
Council of the City of Huntington Beach,
in the Council Chamber of the Civic
-of which the annexed is a printed copy, was published in said news- Center, Huntington Beach, at the hour
of,.7:00 P.M., or as soon thereafter as
possible, on Monday the 15th day of
r at least 021e 18 S Ue January; ,1973, for the purpose of con-
pape sidering a code amendment initiated by
the City Planning Commission. proposing
,to amend.Article 973 "Miscellaneous Pro-
commencing from the 28th day of December .'visions" by adding provisions to require
'right-of-way dedication and improvement.i
of all•streets abutting agricultural uses:
19?2 , and ending on the 28th day of December Such dedication and improvement shall]
be subject to review by the,Board of I .
Zoning Adjustments and the .Board shall
consider the fgIiowing' criteria in de-j
1912, both days inclusive, and as often during said period and termining such dedication and improve-
times of publication as said paper was regularly issued, and in the ments: duration of use; vehicular access,
regular and entire issue of said pewspaper proper, and not in a developmenf,in-the area and effect said
supplement, and said notice was published therein on the following use has on traffic.
All interested persons are,invited to,
dates, to-wit: attend. said• hearing and express -their•
opinions for,or'against said'Coyle Amend-
Dec. 28 19 72 ment.
Further information-.may be obtained
from the Office of the City Clerk,
'DATER;"-1,2/21y72 +
CITY OF HUNTINGTON BE-I ` '
////// _..Qy. G..Jones-
City,Clerk j�J
- 7 Putlisher
Subscribed and sworn to before me this 29 th day of
December— 1922
m � a A- Notary Public
Orange County, California
---- " X CITY''... co U N CIL.
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Tu see �/,;.>�..............--'-'..'T
• W E
g Notary Public.Cavfornia
• ':e Orange County
crrY c� x�l� /
My Commission Exnires AV
September 12, 1974
City Clerk l
City of Huntington Beach �, ,
The Huntington Beach Planning Commission, at their .raga-l-a-p/adjourned
meeting held /J�' /1'rz=2 , recommended
0
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, an(4—a—"s-t ef—own-e•rs—af—
�¢rroperty within30--fe°e't--Uf"th"ubj}ecar—ar-ewwill be submitted upon your
request.
The applicant in this matter is ,414O
(Address)
(Telephone)
s
Kenneth R. Reynolds,
Planning Director
by t � �
Number of Excerpts Nogg
Publish Once
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
CODE AmzwDmw wo. 72o33
TiOTICE 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 Proposed Code A�ndenegat
0
Said mendmeant proposes to amend Article 973 wKiscellaneou a Pro vi 0ionotJ
by mdding provisions to require right of way dedication and iim-
provmma nt of all streets abutting agricuaturai u 9QQ- Such dodicatiion
and improvomant @hail be subject to r e vieei by the Board of Zoniigna
Adju mma nts and tha Board shall comidmr the following eT itGTi Q in
dmtm=L ning such d®di@ation and impgovm9nt@ a duration of UOo a
gvchicular acceemD dovalogw nt in thG arms and Offtct said u @G hag
on �rr�ffiico
Said hearing will be held at the hour of 3000 P.M. ,
December bag 1972 , in the Council Chamber of the Civic Center,
ur_tington i,rach, California, nn 5th Street between Main Street
:nd Orange Avenue.
All inti rested persoris a (-. invited .to attend said hearing
and express their opinion:> for or against the proposed
Code Amendment
Further information may be obtained from the City
Planning Dopartmenta
To l �-,,Ii ,ne No 536-5771
DATED tbi-� 7th (1,iy o 1' December, 1972
0
CITY PLANNING COMMISSION
By
K.A. Reynolds
Secretary
WHITE-CITY ATTORNEY CITY OF HUNTINGTON BEACH No.
BLUE-CITY CLERK
GREEN-CITY ADMINISTRATOR
CANARY-DEPARTMENTAL Hu�,mnonaucn REQUEST for ORDINANCE or RESOLUTION
Date Requ I—aAe.byReynoldS Department
1/8/73 Planning Department Planning Department
INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council
Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate
paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must
be cleared and approved by the Director of Finance before submitting to City Administrator's Office.
Preparation of an Ordinance or Resolution is hereby requested:
Code Amendment No. 72-33 attached.
W
Desired effective date Signed: / Approved as to availability of funds
Director of Finance
City Attorney—Please prepare and submit printed copies to this office by: -
City Administrator
10 January 1973
TO : City Council
FROM: City Attorney
SUBJECT : Code Amendment No. 72-33
Code Amendment No. 72-33, entitled, "Rights of Way
Dedication," will require further study before approval
and transmittal to Council.
The recent Selby decision has raised new questions con-
cerning dedication since this matter was before the
Planning Commission.
SUGGESTED ACTION: Code Amendment No. 72-33 - open
public hearing and continue action to next regular
Council meeting.
Zone Case 72-35 - first reading and defer second read-
ing until Council acts on Code Amendment No. 72-33•
Respectfully submitted,
a
DON P. BONFA
City Attorney
DPB :WM:ahb
t ..
z t ,
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To City Clerk From K. A. Reynolds
Planning Director
Subject ZONE CASE NO. 72-35 Date January 10 , 1973
CODE AMENDMENT NO. 72-33
It is our understanding that the City Attorney has
recommended the City Council open the public hearing
on Code Amendment No . 72-33 and continue action to
a later date .
The Planning Commission wishes to have Zone Case No . 72-35
handled concurrently with the code amendment . Therefore ,
we recommend that the City Council have the first reading
on Zone Case No. 72-35 and withhold the second reading
until the Council acts' on Code Amendment No . 72-33 .
K. A. Reyn lds
Planning Director
KAR:bwo
of Huntington (leach
y_ County of ®range
State of California
Affidavitof Publication
of GEORGE FARQUHAR
Publisher Huntington Beach News
Filed—
Clerk
By
Deputy Clerk
�d
HURVnzRan Beach planning commissW
P.O. SOX 990 CALIFORNIA 92648
TO : Honorable Mayor and City Council
FROM: Planning Commission
DATE : January S , 1973,
RE : CODE AMENDMENT NO . 72-33
Code Amendment No . 72-33 proposes to amend Article 973
"Miscellaneous Provisions" by adding provisions to require
right of way dedication and improvement of all streets abutting
agricultural uses . Such dedication and improvement shall be
subject to review by the Board of Zoning Adjustments and the
Board shall consider the following criteria in determining
such dedication and- improvements : Duration of use , vehicular
access , development in the area and effect said use has on
traffic.
The Planning Commission unanimously approved Code Amendment
No . 72-33 at its December 12 , 1972 meeting, 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:
Code Amendment No . 72-33 was prepared at the request of the
Planning Commission to be reviewed concurrently with Zone Case
No . 72-35 which had been filed by the Huntington Beach Company
for rezoning of the property located at the southwest corner
of Garfield Avenue and Goldenwest Street from M2-02 to RA-02 .
Mr . Bill Wren, representing the Huntington Beach Company
discussed the requirements for dedication and improvements
of abutting street right of way as outlined by Code Amendment
No . 72-33 .
The Staff was instructed to prepare a Code Amendment that would
require use permit approval for agricultural uses within the RA
District where processing is a major portion of the operation.
This amendment is to be reviewed by the Planning Commission at
a later date .
Supporting Information Submitted Herewith:
1 . Copy of Code Amendment No . 72 '33
Information to be submitted at the Public Hearing :
1 . Staff Comments
7V. eful submitted,
4�..
K. A. Reyno ds , Secretary
KAR:bwo
enc. Code Amendment No . 7 2 -3 3 `"' �.-
FIRST DRAFT - STAFF REVIEW
Proposed Code Amendment No. 72-33
Amended December 30 , 1972
May be generally referred to as :
"RIGHTS OF WAY DEDICATION"
3 Th,t the fallowing changes are proposed to the Huntington Beach
0ce Code: The intent being to require rights of way
aw,.and improvements for agricultural uses subject to
by tie Board of Zoning Adjustments and criteria contained �
tFa< $d changes shall read as follows:
Section 9730.2 (a)
RENUMBERED:
10 AMENDED:
3.:L ADDED:
12 S. 9730 . 2 RIGHTS OF WAY DEDICATION REQUIRE �
13
A. Prior to issuance of a building permit, or prior to the ,use
3. 4
of land for any purpose, the highway, street, or alley right
of way shall be dedicated to or vested in the City of
Huntington Beach, except the following:
17
1. Aee3� t����-uses-eee��- ha -s£ ee -de�stee ��ae-sire$
18
3.9
20
e�-the-®pe�a��®tee
21
(repealed by this amendment)
22
2 . Interior building alterations that do not exceed one-
23
third (1/3) of the value of a building, provided that said
24
alteration does not change the occupancy of the building,
25
as defined in the Uniform Building Code.
26
3. Exterior building alterations or additions for a residential
27
use that do not exceed one-third (1/3) the value ,of the
28
building, as defined by the Uniform Building Code ,
1 of 5
1st; 72-33 ; 12/ `30/72
Amended
and do not add any additional residential units .
4 . Fences and walls .
3 5 . Any structure3 not exceeding forty-two (42) inches
' in height.
6 . Temporary uses as described in this article .
6 B. Right of Way Dedication for Agricultural Uses
7 Prior to issuance of any permit, or prior to the use of land
6 for any agricultural purpose, the highway, street, or alley
9 right of way shall be dedicated to or vested in the City of
10 Huntington Beach to a width as provided for by Section
11 of the Article, provided however, that the determination for
12 such dedication shall be subject, to review by the Board of
13 Zoning Adjustments and the Board shall consider the following
14 criteria for such determination :
15 1 . The type of agricuZtural use proposed.
16 2 . Duration (temporary or permanent) .
17 ) 3 . Vehicular access .
18 ;; 4 . Development of the surrounding area.
29 , 5. The effect the proposed use has on traffic in the site.
20 6 . The relationship between the proposed requirements and the
21 anticipated expanded use .
22i� When filing for a building permit, the operator may file a
2311 written application to the Planning Department to have the
24 Board of ,Zoning Adjustments review for said determination on
25 dedication of abutting rights of way .
26
27
28
Page 2 of 5 , �
is, .mended 12/30/72; 72-33
If, in the determination of the Board, said use is of an
intensity not to require right of way dedication, the Board
may grant a temporary postponement for a period of time not
to exceed one (Z) year. The Board may grant additional extensions
I
as deemed appropriate .
6 Said application shall be set for hearing before the Board
7 of Zoning Adjustments within 14 days following receipt of the
6 application. The applicant shall receive at least ten (10) days
9 notice of this meeting
10 Any decision of the Board may be appealed to the Planning
11 Commission within ten (10) days of its decision as provided
12 for by Section 9815 of this Ordinance Code .
13 C. Right of Way Dedication for Oil Operation Sites :
14 Right of way dedication for oil operation sites shall comply
15 with all the requirements of Article 968 .
16 S. 9730 .4 USE ABUT`t"ING HIGHWAY, STREET OR ALLEY.
17 INSTALLATION OF IMPROVEMENTS. No Certificate of
18 Occupancy shall be issued by the Building Department
19 until the abutting highway, street, or alley right of
20 way has been improved to the centerline of such right
21 of way. Said improvements shall include curbs , gutters
22 , sidewalks , paving, street trees , street lights, street
i
231 signs , street drainage and sewer and water main exten-
24 sions in full compliance with the City of Huntington
25 Beach street standards and requirements .
26 INSTALLATIO14 OF IMPROVEMENTS . EXCEPTIONS. The
27 ! requirements set out in Section 9730 . 4 shall not
i
2� 4 apply in the following instances :
3 of 5
r.
1st Amended; 72-33; 12/30/72
FY
1 . Where a detached single-family dwelling is constructed
{ on a lot abutting an arterial highway, street improve- §
ments on said arterial highway shall include curb,
6 gutter , sidewalk, street trees and street lights,
g sewer and water main extensions , and ten (10) feet
a
6 ! of street paving to Department of Public Works
7 requirements . Further, temporary paving shall be
( installed to join existing street improvements.
EXCEPTION: Homes constructed as a part of a sub-
10 division shall comply with requirements contained
11 in Chapter 99 of this Code.
12 2 . Where practical difficulties arise, a request may be
13 made to the Director of Public Works., requesting
14 permission to install improvements at a later date.
15 The request, stating reasons therefor, shall be in
16 writing. If, in the opinion of the Director of
17 Public Works , a practical difficulty exists, he may
approve the request provided:
�.� a. .An agreement is entered into with the city agree-
20 ing to install said improvements on a certain
21 date.
22 b. Said agreement shall be secured by a good and
23 sufficient bond or cash deposit, unless waived
24 or otherwise directed by the City Council.
25 c. Said bond or cash deposit shall be in an amount
26 equal to the cost of improvements as estimated
27 by the Director of Public Works.
28 3. Where an agricuZturat use is establi-shed adjacent to a
pubZic right of way and practicaZ difficuZties arise,
4 of 5
1st Amended; 72-33; 12/30 ; ,
a request may be made to the Board of Zoning
Adjustments, requesting permission to install
I .
j improvements at a later date . The . request, stating
reasons therefor, shall be in writing and a hearing
shaZZ be set before the. Board within 14 days
6 following receipt of the request. The applicant
7 shaZZ receive at least ten (10) days notice of this
8 meeting.
9 The Board of Zoning Adjustments in its review shall
10 consider said request pursuant to the criteria
11 i established by Section 9730. 2 (B) of this ordinance
12 code .
13 If in the determination of the Board, said .use is of
14 an intensity not to require right of way improvements,
15 The Board may grant a temporary postponement fcr
16 a period of time not to exceed one (1) year.
i
17 The Board. may grant additional extensions as deemed
18 appropriate .
19 Any decision of the Board may be appealed to. the
20 Planning Commission within ten (10) days of its
21 I decision as provided for by Section 9815 of this
22 ! Ordinance Code .
Ii
03
_ 2, j
I
25
26
27
28
5 of 5 s-
Publish 12/28/72
PUBfIC HEARING SET O
FOR:-----=,1 = 1`S� ..
..._...� ...�'-�................• NOTICE OF PUBLIC HEARING
CODE AINDMENT 72-33
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 15th day of January 19_a, for the purpose of
considering of considering a code amendment initiated by the City
Planning Commission proposing to amend Article 973 "Miscellaneous
Provisions41 by adding provisions to require right-of-way dedication
and improvement of all streets abutting agricultural uses. Such
dedication and improvement shall be subject to review by the Board
of Zoning Adjustments and the Board shall consider the following
criteria in determining such dedication and improvements: duration
of use, vehicular access, development in the area and effect said
use has on traffic.
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: 32/21/72 CITY OF- HUNTINGTON BEACH
By: Paul C . Jones
City Cleric
I�
1 February 1973
TO: City Council
FROM: City Attorney
SUBJECT: Code Amendment No . 72-33
Upon recommendation of the Planning Commission and
direction of the City Council, we transmit ordinance
requiring dedication of public rights of way, and
the installation of improvements prior to issuance
of a building permit or use of land for agricultural
purposes, subject to review and approval by the
Board of Zoning Adjustments .
Respectfully submitted,
i_ 4 ✓
DON P. BONFA
City Attorney
WPB :WM: ahb
Attachment
r