HomeMy WebLinkAboutOrdinance #2771 F4t eD
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ORDINANCE NO. 2771
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
HUNTINGTON BEACH EXTENDING A MORATORIUM ON THE
ISSUANCE OF BUILDING PERMITS FOR CONSTRUCTION OF
SINGLE-UNIT DWELLINGS IN AREAS COMPRISING THE
OLDTOWN, TOWNLOT AND DOWNTOWN SPECIFIC PLANS
WHEREAS, on May 6, 1985, the City Council of the City of
Huntington Beach adopted Ordinance No. 2766 to place 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
The Planning Division of the Development Services
Department is presently formulating uniform regulations and
guidelines to be incorporated in ordinances for consideration
of the Planning Commission, and additional time is needed in
the preparation of such uniform regulations and guidelines,
Notice pursuant to Government Code section 65090 having
been given, and public hearing having been held, the City
Council finds that this urgency measure is necessary to protect
the public health, safety and welfare so that the city may
complete its ordinances incorporating regulations and guide-
lines for new construction of single-unit dwellings in the
areas of the Oldtown, Townlot and Downtown Specfic Plans,
NOW, THEREFORE, the City Council of the City of Huntington
Beach does ordain as follows:
SECTION 1. A moratorium for 10 months and 15 P
days upon the
issuance of building permits for new construction of
single-unit dwellings in the Oldtown, Townlot and Downtown
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5 votes
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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 criteria are met:
(a) The application for issuance of a building permit
accompanied by building plans, or a development permit, was
filed prior to May 6, 1985, the effective date of Ordinance
No. 2766;
(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
formulating comprehensive, uniform regulations and guidelines
which will apply to real property located in the Oldtown,
Townlot and Downtown Specific Plan areas. The facts consti-
tuting 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
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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.
( 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
necessary for the Planning Commission to study, hold hearings
and consider the adoption of such uniform regulations and
guidelines 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 an additional 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 regu-
lations 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 � 65858, shall be of no
further force and effect 10 months and 15 days from the date of
its adoption. 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
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circulation.
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ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 6th
day of May, 1985.
ATTEST:
City Clerk Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
vu ,r�'W"
1 «GY1
City Administr or City Att ney
INITIATED AND APPROVED:
Dir r o4,eldp-uYe
Se
3449/0585L
RCS:ahb
5/29/85
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'FA tLE
Emergency Ord. No.
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 3rd day of June
19 85 and ' ile1b4
was-�a a opted by at least four-fifths (4/5)
affirmative votes of said City Council,
AYES: Councilmen:
Green
NOES: Councilmen:
Kelly, MacAllister, Mandic, Bailey, Finley
ABSENT: Councilmen:
None
NOT VOTING: Thomas
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California