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