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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 • 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 3• ura. lvo. 668 • 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. Ord. No. 668 • 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 • 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. n Ura. No. 668 • 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 • 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 0 I I < i f` T5S R11W T53R1 W 3 36 GARFIELD __ 36131 31 32 STREET 3233 1 I 6 6 5 54 1 j T63RIIW T6SR W as W W W 1 W I W R ' 3 I YORK OWN STREET I R4 y 2 )AIAMS 1 6 6 5 AVENUE 54 I 11 12 127 7 8 8 9 x u J Q m _ -3 o ] INDIANAPOLIS AVENUE AlLl II 12 ATLANTA 12 7 AVENUE 71 8 14 13 13 IS 18 17 F Z co O F � Y F p 'J HAMILTON STREET �..� _ I Z Q z = \� Z Z N - U in i 13 118 BANNING AVENUE I I c 24 19 1 0 ( 16 Q j c,,"- ti J TOM ti INTERIM ZONING DISTRICT B '9y I --� GENERAL AGRICULTURAL DISTRICT y� 1, �(� SUBURBAN RESIDENTIAL DISTRICT �UT MC vj`f� r 1 PPY.��� I'I OQTIL CITY OF HUNTIN TON BEACH ORANGE COUNTY, CALIF. 9-6-57 - I I