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HomeMy WebLinkAboutOrdinance #2766 uR«owl ORD- a?bw ORDINANCE NO. 2766 AN INTERIM URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH ON THE ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OF SINGLE-UNIT DWELLINGS IN AREAS COMPRISING THE OLDTOWN; TOWNLOT AND DOWNTOWN SPECIFIC PLANS WHEREAS; the City Council of the City of Huntington Beach desires to establish a forty-five (45) day moratorium on the issuance of building permits for new construction of single-unit dwellings in the areas comprising the Oldtown; Townlot and Downtown Specific Plans; and At the present time there are inadequate uniform regula- tions and guidelines governing the development of real property located in the Oldtown; Townlot and Downtown Specific Plan areas; and The Planning Division of the Development Services Department is presently formulating such regulations and guide lines and will present ordinances for consideration of the Planning Commission within such interim moratorium period; NOW; THEREFORE; the City Council of the City of Huntington Beach does ordain as follows: SECTION 1 . A forty-five (45) day moratorium upon the issuance of building permits for new construction of single-unit dwellings in the Oldtown; Townlot and Downtown Specific Plan areas is hereby established ; provided; however; that the Planning Commission shall have the power to authorize the issuance of building permits; if all of the following cri- teria are met: (a) The application for issuance of a building permit 1 . 5 votes accompanied by building plans, or a development permit, was filed prior to the effective date of this ordinance; (b) That the proposed structure is a single-unit dwelling that is not designed to be readily converted to a multiple-unit dwelling; and (c) The property owner has executed a covenant, approved as to form by the City Attorney, that the proposed structure shall be occupied only as a single-unit dwelling. SECTION 2. The City Council finds that there is a current and immediate threat to the public health, safety and welfare, and that the approval of building permits for new construction of single-unit dwellings, or any other applicable entitlement for such use which is required in order to comply with the Huntington Beach Ordinance Code and its provisions, would re- sult in a threat to public health, safety, or welfare in that the Planning Division of the Development Services Department is presently formulating comprehensive, uniform regulations and guidelines which will apply to real property located in the Oldtown, Townlot and Downtown Specific Plan areas: The facts constituting the urgency are these: (a) A serious problem exists with the illegal conversion to multiple-unit dwellings of buildings originally approved as single-unit dwellings . (b) The Huntington Beach Ordinance Code needs to be amended to provide restrictions to prevent floor plan designs from being converted from single unit to multiple-unit dwellings . (c ) The parking provisions of the Huntington Beach Ordinance Code need to be modified to relate the intensity of the use to the number of parking spaces required for residen- tial occupancies. (d) An increase in population density exceeds that allowed by current provisions of the Huntington Beach Ordinance Code.- 2 (e) Proposed regulations and guidelines for development and construction to prevent conversion of single-unit dwellings to multiple-unit dwellings in the Oldtown, Townlot and Downtown Specific Plan areas are being prepared for transmittal to the City Council . The City Council recognizes that it will be nec- essary for the Planning Commission to study, hold hearings and consider the adoption of such uniform regulations and guide-- lines prior to such transmittal. A comprehensive, uniform set of regulations and guidelines for the areas included within the Oldtown, Townlot and Downtown Specific Plans cannot be made quickly, and it will take a reasonable amount of time to work out the details of such regulations and guidelines. It would be destructive of new regulations and guidelines if during the period they are being considered and studied, structures are constructed which defeat the ultimate objective of such regula- tions and guidelines. Further, it is possible that the per mitted uses on real property in the Oldtown, Townlot and Downtown Specific Plan areas may be changed or restricted by the regulations and guidelines now being formulated., and this ordinance is necessary to preserve the status quo. SECTION 3. This ordinance shall take effect immediately and in accordance with Government Code § 658580, shall be of no further force and effect forty-five (45) days from the date of adoption of Ordinance No. 2764 on April 22, 1985. The City Clerk shall certify to the passage of this ordinance and shall cause same to be published within fifteen days of its adoption in a newspaper of general circulation. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of May, 1985 . TTES City Clerk Mayor 3. REVIEWED AND APPROVED: APPROVED AS TO FORM: c City ml s rat Cit ., ttorne INITIATED AND APPROVED: J� Director of Develop nt Services 3449/0535L RCS: ahb 5/9/85 4: Emergency Ord. No.2766 ' ` STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected,. qualified and acting City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the foregoing ordinance was read to the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of May 19 85 , and was passed and adopted by at least four-fifths (4/5) affirmative votes of said City Council. AYES: Councilmen: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: Councilmen: None ABSENT: Councilmen: None NOT VOTING: Thomas City Clerk and ex-officio Clerk`' of the City Council of the City of Huntington Beach, California 10 Aticla M. Wentworth CITY CLERK of the City of HuntlrWon Beach and ex-officlo Clerk of the City Council, do hereby certify that a synopsis of this ordinance ha ':een published to the Huntington Beach lnr.e;endent on •• (i •• co or t ac c th the City Chal cur of szJ City. AUCIA M WENTWORTH ....................... ...C......Clerk ............................. D"VCa"