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Home My WebLink AboutOrdinance #1267 ORDINANCE No. 126,r7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH; DECLARING AN EMERGENCY TO EXIST; ESTABLISHING AN INTERIM HOLDING ZONE UPON CERTAIN PROPERTY WITHIN THE CITY AND ADDING SECTIONS TO CHAPTER 90 OF THE HUNTINGTON BEACH ORDINANCE CODE. WHEREAS, the City Council finds that the best interests of the city lie in conducting studies and holding hearings upon the existing zoning and contemplated zoning on the real property described in detail below; and WHEREAS, it is necessary that this Ordinance be adopted as an emergency ordinance to protect the public safety, health and welfare by adopting an interim holding zone on the real property described below; and V1HEREAS, the council has previously passed Ordinance No. 1251 establishing the manner -in which such interim zoning shall be conducted. NOW, THEREFORE, pursuant to the provisions of Ordinance No. 1251 and Section 65858 of the Government Code of the State of California and in order to protect the public health, safety and welfare, the City Council of the City -of Hunting- ton Beach does ordain as follows : Section 1. That the following sections are hereby add- ,ed to the Huntington Beach Ordinance Code to read in words and figures, as follows : 1. Ord. N0,126`W Section 9051.1 The following described real property is hereby declared to be located within an interim holding zone and any use of said property is prohibited which may be in conflict with the contemplated zoning proposal which this Body, the Planning Commission or the Planning Department in- tends to study within a reasonable time. 2 126L7 Section 9051.1.1 That real property bounded by the following described line; Beginning at the intersection of the C.L. of Beach Blvd, and the NE'ly R/W of Pacific Coast Highway, thence SE'ly along said_NE'ly 8/W to its intersection of the E'ly A/W of Newland St. with said NE'ly R/W of Pacific Coast Highway, thence NE'ly and N'ly along said E'ly A/W of Newland St. to the, N' ly R/W_of the OCFCD Dl _ channel, thence westerly, northwesterly, and northerly along the northerly, northeasterly, and easterly right of way line of said D-1 channel to a point, said point lying 810 feet more or less northerly from the center line of Atlanta Avenue and lying on the easterly prolongation of the south line of a 4. 50 Acre parcel (as shown on page 5 of book 114 of the Orange County Assessor's Map book dated March 1965-66) , thence Westerly along said south bounda-ry of said 4.50 Acre parcel and its easterly prolongation 6601+ to the W'ly A/W of Beach Blvd, thence N'ly along said W'ly R/W to its intersection with the SE'ly A/W of Frankfort St, thence Sally and W'ly along the SE'ly and S'ly A/W of Frankfort St. to the inter- section of said A/W with the E'ly R/W of Delaware Ave, thence S'ly 6601+ along the E'ly A/W of Delaware Ave. , to the S'ly R/W of Detroit St. , thence W'ly along the S'ly A/W of Detroit St. 325'+ to the C.L. of California Ave. , thence S'ly along said prolongation of- California Ave. 630'+ to the E'ly pro- longation of the C.L. of Baltimore St. , thence E'1Y . 330'+ along said E'ly prolongation to a point, said point also being a S'ly prolongation of the E'ly A/W of the S'ly 6601+= .of Delaware Ave, thence S'ly 300.99'+ along said S'ly prolonga- tion of Delaware Avenue to the N!ly R/W of Atlanta Ave. , thence W'ly along said N'ly A/W to the C.L. of Alabama Ave. , thence continuing W'ly 195'+ to the W'ly line of the SPRR A/W, thence N'ly along said SPRR W'ly A/W to its intersect- ion with the C.L. of Palm Ave. , thence W'ly along said C.L. of Palm Ave. to its intersection with the C.L. of Seventh St. , thence SW'ly along the C.L. of Seventh St. to its inter- section with the C.L. of Olive Ave. , thence NW'ly along the C.L. of Olive Ave. to its intersection with the C.L. of 23rd St. , thence SW'ly along said C.L. and its SW'ly prolonga- tion thereof, to the Mean High Tide Line, thence SE'ly along said Mean High Tide Line to a S'ly prolongation of the C.L. of Beach Blvd, thence N'ly to the original point of beginning. EXCEPTING THEREFROM all of that property described in Use Variance 66-63 on file in the Planning Department office. Ord. No.126R Section 9051.2 The interim holding zone established under this ordinance shall prohibit all. contemplated uses of said property provided that the City Council may approve a contemplated use of said property only if they find that said contemplated use shall be in conformity with the Master Plan which is contemplated for the area and that said use has been approved by the Planning Commission, the Planning Department and the Planning Consultant, if any, who shall be responsible for the development of the Master Plan for the aforementioned area. Section 9051. 2.1 Only after approval by the above mentioned entities shall the necessary permits be issued for any new use within the interim zone area. Section 9051.3 This ordinance shall be of no further force and effect after ninety (90) days from its adoption pro- vided, however.., that after notice .pursuant to Section 65856 of the Government Code of the State of California, and a pub- lic hearing. thereon, this body may by a four-fifths vote ex- tend this interim ordinance for one year provided further, that not more than two such extensions may be adopted. Section 9051.4 Severability. If any section, subsect- ion, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitu- tional such decision shall not affect the validity of the re- maining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause Ord. No. 1267 or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentenc- es, clauses or phrases be declared unconstitutional. Section 2. This ordinance being an emergency measure for the immediate preservation of the public health, safety and welfare, which emergency is set forth and defined in the preamble hereof, shall take effect and be in force from and after the passage and adoption hereof. Section 3. The City Clerk shall certify to the pass- age 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 circulated in the City of Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 7th day of November _9 1966. Mayor ATTEST: APPROVED AS TO FOAM: City rk K. DALE B SH, City Attorney 5• Ord. No. 1267 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I, PAUL C. JONES, the duly elected, qualified, and act- ing City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certi- fy the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing emer- gency ordinance was read to said City Council at a regular meeting thereof held on the 7th day of November, 1966, and was passed and adopted by the affirmative vote of seven members of said Council. AYES: Councilmen: Coen, Bartlett , Gisler , Kaufman, Shipley, Green, Stew, r NOES: Councilmen: None ABSENT: Councilmen: None andt ;ty Counci , here0y certify that this ordinance has been published in the nuoungLon Beach News on City Clerk an =officio Clerk of --------- 19___/'9.6-.. the City Coun it of the City of In acc_,rdance wit;; .;ie City Charter Huntington Beach, California O i ; . - .1. ------•-------------------•--- -------------------- -------------------- City Clerk ,�1 -ems--=-.............. Deputy City Clerk