HomeMy WebLinkAboutOrdinance #668 ORDINANCE No. 668
AN INTERIM ORDINANCE OF THE CITY OF HUNT-
INGTON BEACH DECLARING AN EMERGENCY TO
EXIST; ADOPTING AN INTERIM ZONING DISTRICT;
PROVIDING REGULATIONS RELATING TO THE
ERECTION,. CONSTRVCTION AND ALTERATION OF
BUILDINGS, STRUCTURES AND IMPROVEMENTS AND
THE USES OF LAND IN SAID DISTRICT: PRE-
SCRIBING PENALTIES FOR VIOLATION OF ANY
• AND ALL OF THE PROVISIONS HEREOF; AND
ADOPTING, BY REFERENCE, THE ORANGE COUNTY
LAND USE ORDINANCE AS THE SAME HAS BEEN
AMENDED SAID ORDINANCE BEING No. 351
ENTITLE "AN ORDINANCE ESTABLISHING LAND
CLASSIFICATIONS AND DISTRICTS WITHIN THE
UNINCORPORATED TERRITORY OF ORANGE COUNTY
AND REGULATING THE USES OF PROPERTY THERE-
IN, ADOPTING SECTIONAL MAPS OF SAID DIS-
TRICTS, DEFINING THE TERMS USED IN SAID
ORDINANCE, PROVIDING FCR THE ADJUSTMENT ,
ENFORCEMENT AND AMENDMENT THEREOF AND PRE-
SCRIBING PENALTIES FOR ITS VIOLATION",
AND PASSED ON DECEMBER -31 1935•
• WHEREAS, an election has been held in an area northerly
of the City of Huntington Beach described as "North Annexa-
tion" in which the electors therein voted in favor of an-
nexation to the City of Huntington Beach; and
WHEREAS, the territory comprising the said North Annex-
ation consists of approximately seven and one-half (7-1/2)
square miles; and
WHEREAS, the Planning Commission of said City and the
Planning Consultants employed by the City of Huntington
Beach are conducting studies for the purpose of holding
hearings on, and the adoption of a Master Plan for the City
of Huntington Beach, including the area known as the North
Ord,. No. 668
Annexation; and
WHEREAS, the City Council of the City of Huntington
Beach finds that due to the territorial extent of the area
proposed to be annexed to the City of Huntington Beach, the
diversity of interests therein, the necessity for the making
of maps and the careful study of said area, considerable
time will necessarily elapse before the adoption of a Master
Plan for the area and that certain regulations of an inter-
im or emergency nature are necessary to be adopted at this .
time in order to protect the public -interest , comfort,
health, safety and convenience and to preserve the public
welfare .
NOW THEREFORE, in consideration of and by the above
preamble and statement, the City Council of the City of
Huntington Beach declares and defines that an emergency exists
necessitating the following ordinance for the immediate pro-
tection and preservation of the public health, safety and
general welfare.,
0 The - City Council of the City of Huntington Beach do
ordain -as follows:
Section 1. There is hereby adopted an interim zoning
district for the City of Huntington Beach, which district
is more. fully set forth in the map attached hereto and made
a part of this ordinance, said map being entitled "Interim
Zoning District."
Ord. No. 668
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Section 2. No person, firm, or corporation whether
as principal or agent, employee or otherwise , shall here-
after, within the interim zoning district as set forth and
specified in Section 1 of this ordinance, erect, construct
or use any building, structure or land for any purpose
other than as set forth in this ordinance.
•
Section 3. There is hereby adopted and made a part
of this ordinance , by reference, the Land Use Ordinance
of the County of Orange, together with the amendments there-
to, insofar as said ordinance and its amendments affect:: . .
the territory in the interim zoning district, said ordinance
so adopted, by reference, being No. 351, :entitled "An ordi-
nance establishing land classifications and districts with-
in the unincorporated territory of Orange County and regu-
lating the uses .of property therein, adopting sectional maps
of said districts, defining the terms used in said ordinance ,
providing for the adjustment, enforcement and amendment
thereof and prescribing penalties for its violation" , which
ordinance was passed December 3, 1935.
Section 4. That wherever in said County Ordinance No.
351 and the amendments thereto effective at the date of the
adoption of this Interim Ordinance, the term Planning Commiss-
ion is used, it shall be construed to mean Planning Commission
of the City of Huntington Beach; wherever the term Board of
Supervisors is used, it shall be construed to mean City
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Council of the City of Huntington Beach, and wherever the
term Building Inspector of Orange County is used, it shall
be construed to mean Building Inspector of the City of
Huntington Beach, and wherever the term Planning Director
is used, it shall be construed to mean Secretary-Planning
Technician; wherever the term Chairman of the Planning
Commission is used, it shall be construed to mean Chairman
of the Planning Commission of the City of Huntington Beach;
wherever the term County of Orange is used, it shall bec.con-
strued to mean City of Huntington Beach.
Any other reference to any officer, agent, employee ,
department, or Board of. the County of Orange , shall mean
and refer to the corresponding officer, agent, employee, de-
partment or board of the City of Huntington Beach, or if
there be none , then to the City Council of the City of Hunt-
ington Beach.
Section 5. It shall be the duty of the Secretary-
Planning Technician and all officers of said City herein
and/or otherwise charged by law with the enforcement of this
Interim Ordinance to enforce the provisions of the same.
Section 6. Any person, firm or corporation, whether
as principal or agent , employee or otherwise , violating or
causing or permitting the violation of any of the provisions
of this Interim Ordinance shall be guilty of a misdemeanor,
and upon conviction thereof shall be punished by a fine of
Ord. No. 668
not more than three hundred(.$300.00) dollars or by imprison-
ment in the County Jail of said County for a term not ex-
ceeding three (3) months or by both such fine and imprison
ment. Such persons, firm or corporation shall be deemed to
be guilty of a separate offense for each and every day dur-
ing any portion of which any violation of this Interim Ord-
inance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable as herein pro-
vided.
Section 7. Any building or structure set up, erected,
constructed, altered, enlarged, converted, moved or main-
tained contrary to the provisions of this Interim Ordinance ,
and/or any land, building, or premises established, conduct-
ed, operated or maintained contrary to the provisions of
this Interim Ordinance shall be and the same is hereby de-
clared to be unlawful and a public nuisance and the City
Attorney of said City, shall upon order of the City Council,
immediately commence action or ,proceedings for the abatement
and removal thereof in the manner provided by law and shall
• take such other steps, and shall apply to such Court or
Courts as may have jurisdiction to grant such relief as will
abate and remove such building or structure , and restrain
and enjoin any person, firm or corporation from setting up,
erecting, building, maintaining or using any such building
or structure 'or using any property contrary to the provisions
of this Interim Ordinance.
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The remedies provided for herein shall. be cumulative
and not exclusive.
Section 8. The title of this ordinance is hereby made
a part of this ordinance and each and all of the ordinances
and the amendments thereto referred to in the title of this
• ordinance to the extent that the same relative to the terri-
tory in the interim zoning district , are hereby adopted as
the law bf the City of Huntington Beach.
Section 9. This ordinance is adopted under and pursuant
A
to the provisions of Title 5 Division 1, Part 1, Chapter 1,
Article 2 and Section 65806 of the Government Code of the
State of . Calif ornia and the primary code and the secondary
codes adopted by this ordinance are so adopted for the
purpose of establishment of various districts including
therein all the territory within the interim zoning district,
within various of which districts it shall be lawful and
within various of which districts it shall be unlawful
to`;erect:`� .construct, alter or maintain certain buildings
or to carry on certain trades or occupations or
to make certain uses of land, and/or within which the
height and bulk of buildings shall be limited, and/or
within which certain open spaces shall be required about
buildings and consisting further, or appropriate regulations
to be enforced in such districts to promote and protect the
public health, safety, peace , morals, comfort and general
h_
Ord. No. 668
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welfare.
Section 10. It is hereby found and determined by the
City Council of the City of Huntington Beach that said
Council deems the language of Section 9 of this ordinance
sufficient to give notice to interested persons of the pur-
pose of each of the primary codes and each of the other
publications and amendments -referred to in the title of this
ordinance and deems said Section 9 and the title of each
such publication and amendment sufficient to give notice
of. the subject matter of each such publication and amendment.
Section 11. If any section, subsection, sentence, clause
or phrase of this Interim Ordinance is for any reason held
• by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remaining por-
tions of this Interim Ordinance. The City Council of the.
City of Huntington Beach hereby declares that it would have
passed this Interim Ordinance and each section, subsection,
sentence , clause and phrase thereof, irrespective of the fact
that any one or more sections , subsections, sentences,
•
clauses, or phrases be declared invalid.
Section 12. This ordinance, being an emergency measure
for the immediate preservation of the public peace, property,
._ health and safety, which emergency is set forth and defined
in the preamble hereto, shall take effect and be in force
from and after the passage and adoption hereof.
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Section 13. ","That the City Clerk shall certify to the
passage and adoption of this ordinance and shall cause the
same to be published by one insertion in the Huntington
Beach News, a weekly newspaper, printed, published and cir-
culated in the City of. Huntington Beach, California.
• PASSED ,AND ADOPTED By the City Council of the City of
Huntington Beach, California, this 22nd day of July ,
1957.
gVICTOR
TER y
Mayor
•
ATTEST:
eJOHIL. F.��:Ic=T
City Clerk
fi_
Ord. No. 668
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STATE OF CALIFORNIA )
County of Orange ) ss
City of Huntington Beach )
I2 JOHN L. HENRICKSEN2 the duly elected. qualified and
acting City Clerk of the City of Huntington Beach and ex-
officio Clerk of the City Council of said City, do hereby
• certify that the whole number of members of the City
Council of the City of Huntington Beach is five; that the
foregoing ordinance was read to said City Council at a regu-
lar meeting thereof held on the 1st day of July 2 1957,
and was again read to said City Council at a regular meet-
ing thereof held on the 22nd day of July 1957,
and was passed and adopted as an 'emergency -measure by a
four-fifths vote of said City Council as follows:
AYES: Councilmen:
BRYANT, LOCKETT, IRBY, BARTLETT, TERRY.
NOES: Councilmen:
NONE.
ABSENT: Councilmen:
NONE.
J T, L. .-'E'NRICKEEN
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
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CITY OF
HUNTIN TON BEACH
ORANGE COUNTY, CALIF.
9-6-57
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