The URL can be used to link to this page

Home My WebLink AboutOrdinance #672 • ORDINANCE No,672 AN INTERIM ORDINANCE OF THE CITY OF HUNT- INGTON BEACH DECLARING AN EMERGENCY TO EXIST; ADOPTING AN INTERIM ZONING DISTRICT "Bit; PROVIDING REGULATIONS RELATING TO THE ERECTION9) CONSTRUCTION AND ALTERATION OF BUILDINGS1 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 ESTABLISHING LAND CLASSIFICATION 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 FOR THE ADJUSTMENT , ENFORCEMENT AND AMENDMENT THEREOF AND PRE- SCRIBING PENALTIES FOR ITS VIOLATION't? AND PASSED ON DECEMBER 3� 193.5.E • WHEREAS, an election has been held in an area easterly of the City of Huntington Beach described as "East Annexa- tion" in which the electors therein voted in favor of annex- ation to the City of Huntington Beach; and WHEREAS, the territory comprising the said East Annex- ation consists of approximately six 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 one and the adoption of a Master Plan for the City of Huntington Beach, including the area known as the East • 1. viu. IV%J* �L Annexation; and - WHEREAS9 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 thereini the necessity for the making b 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 immed- iate protection and preservation of the public health, safety and general welfare. 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 "B". 1 Ord. No. 672 • Section 2. No person, firm, or corporation whether as principal or agent, employee or otherwise, shall here- after, within the interim zoning district "B" , as set forth and specified in Section 1 of this ordinance, erect, con- struct 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 thereto, in- sofar as said ordinance and its amendments affect the terri- tory in the interim zoning district "B" , said ordinance so adopted, by reference, being No. 351, entitled "An ordinance establishing land classifications and districts within the unincorporated territory of Orange County and regulating the uses of property therein, adopting sectional maps of said districts, defining the terms used in said ordinance, pro- viding for the adjustment, enforcement and amendment thereof and prescribing penalties for its violation", which ordinance was passed December 3, 1935• Section 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 1 Ord. No. 672 • 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 Hunt- ington Beach, and wherever the term Planning Director is used, it shall be construed to mean Secretary-Planning Tech- nician; wherever the 'term Chairman of the Planning Commiss- ion 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 be construed 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, Ord. No. 672 and upon conviction thereof shall be punished by a fine of not more than three hundred ($300.00) dollars or by impris- onment 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 Ordi- nance 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 sliall 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, erect- ing, building, maintaining or using any such building or • K_ Ord. No. 672 • structure or using any property contrary to the provisions of this Interim Ordinance. 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 ordinance "B", are hereby adopted as the law of the City of Huntington Beach. Section 9. This ordinance is adopted under and pursuant to the provisions of Title 5 Division 1, Part 1, Chapter. l, Article 2 and Section 65806 of the Government Code of the State of California and the primary code and the secondary codes adopted by this ordinance are so adopted for the pur- pose of establishment of various districts including therein all the territory within the interim zoning district "B", within various of which districts it shall be lawful and 0 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, . 6. Ord. No. 672 of appropriate regulations to be enforced in such districts to promote and protect the public health, safety, peace, morals, comfort and general 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 pub- lications 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, 1 Ord. No. 672 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. Section 13. That the City Clerk shall certify to the passage and adoption of this ordinance and shall cause the 0 same to be published by one insertion in the Huntington Beach Newsq 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 Beachl California' this oth day of September 1957. � o Mayor AT TEST : City Clerk A<`=. Ord. No. Y' 672 • STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I) JOHN L. HENRICKSEN, 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 regular meeting thereof held on the 3rd day of September 1957, and was again read to said City Council at a regular meeting thereof held on the 30th day of September ., 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, Bartlett, Terry. NOES: Councilmen: None. ABSENT: Councilmen: Irby. City- lerk acid ex-officio Clerk of the City Council-of the City-of Huntington Beach, California