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HomeMy WebLinkAboutCity Council - 3417 RESOLUTION NO. 3417 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUSPENDING THE ISSUANCE OF BUILDING AND OTHER PERMITS FOR CERTAIN CONSTRUC- TION IN MASTER PLAN STUDY AREAS B AND C WHEREAS, on December 20, 1971, the City Council, by minute action, directed the City Attorney to prepare a resolu- tion suspending the issuance of building and other permits for certain residential construction in Study Areas B and C , each as depicted on Exhibit "A" attached hereto and as more particu- larly described by certain detail maps of said study areas in the office of the Planning Director of Huntington Beach, which maps are hereby incorporated herein by reference; and It is the intent of the City Council that the Planning Commission and staff consider and study the said Study Areas B and C in order to determine whether it is necessary and proper to change the master plan and the zoning as to said study areas in order to decrease the density of residential occupancy in such areas, and that a report of such study be presented to the City. Council for its consideration; and Study Area C has been master planned and the master plan is in the process of being adopted, however no zone change in imple- mentation of such master plan has yet become effective . Study Area B is in the process of being master planned; and It is not the intention of the City Council to prevent development in multiple residential zones in Areas B or C which is not or will not be inconsistent with the Master Plan of Area C or the proposed Master Plan of Area B; and The City Council finds that to protect the public safety, health, and welfare that pending the aforesaid studies there 1. should be a suspension of the issuance of building, plumbing, electrical, sign, grading, and other permits in the said Study Areas B and C for a period of ninety (90) days after date hereof as to all multiple family residential construction, with the following exceptions : (1) Permits necessary for repair and maintenance of ex- isting structures, or (2) Permits necessary for completion of construction for which a valid building permit has been issued, or (3) Permits necessary to alter or remodel any structure as long as the permitted occupancy of said structure will not be increased thereby, or (4 ) Permits necessary for construction of condominiums and planned residential developments, or (5) Permits for property which has received final tract map approval from this Council. Provided that any parcel within the moratorium study areas with respect to which zone change ordinance has been adopted after October 4, 1971 shall be exempt from the operation of this resolution upon the effective date of such zone change ordinance . Provided further that with respect to parcels which have been recently studied by the Planning Commission and such study has determined that the zone shall not be changed, such parcels shall be exempt from the operation of this resolution upon written certification by the Planning Director that the master plan study has been completed and no zone change is contemplated thereby . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows : 1. That the public safety, health, and welfare require suspension of the issuance of building, plumbing, electrical, sign, grading, and other permits as to all multiple family residential construction in Study Areas B and C. inconsistent 2 . with the Master Plan of Area C and the proposed Master Plan of Area B, pending a study of said areas by the Planning Commission and staff in order to determine whether it is necessary and proper to change the master plan and the zoning as to said study areas in order to decrease the density of residential occupancy in such areas, with a report of such study to be presented to the City Council for consideration of the afore- said possible changes, and the issuance of such permits is hereby suspended. 2 . That this resolution shall remain in effect only for a period of ninety (90) days from and after the effective date of this resolution with respect to such Study Areas B and C as to any construction which is or shall be inconsistent herewith . 3 . That nothing in this resolution shall be construed to prohibit the issuance of permits for any of the exceptions set forth in this resolution. 4 . Any parcel within the moratorium study areas with re- spect to which zone change ordinance has been adopted after October 4, 1971 shall be exempt from the operation of this resolution upon the effective date of such zone change ordi- nance . 5 . With respect to parcels which have been recently studied by the Planning Commission and such study has deter- mined that the zone shall not be changed, such parcels shall be exempt from the operation of this resolution upon written certification by the Planning Director that the master plan study has been completed and no zone change is contemplated thereby. 6 . That this resolution supersedes any previously adopted resolution which is inconsistent herewith. 7. That nothing herein contained shall be construed as a limitation on the power of the city, the county, the state, the federal government, or any other public agency, to enforce any code, statute, or ordinance applicable to properties within 3 . said Study Areas B and C . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of January, 1972 . Mayor ATTEST: City erk APPROVED AS TO FORM: P -City Attorney f/ 4 . t = REVISED MASTER PLAID STUDY AREAS S DY ARE „C, ST DY A AREA flat low ", c-- S;UDY � AEA // A It CITY OF �Fqy HUNTINGTON BEACH ORANGE COUNTY CALIFORNIA o W rm Exhibit A Res. No. 3417 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, 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 seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 3rd day of January 19_7._, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney. Coen, NOES: Councilmen: None ABSENT: Councilmen: Green ABSTAIN: Councilmen: McCracken City C erk an ex- cio Clerk of the City Councfl of the City of Huntington Beach, California