HomeMy WebLinkAboutEmergency Interim Ordinance No. 3683 Imposing a 45-Day Morat*CITY OF HUNTINGTON
MEETING DATE: 10/4104 DEPARTMENT ID NUMBER: CA-04-12
Council/Agency Meeting Held:
Deferred/Continued to:
❑ Approved ❑ Conditionally Approved Denied
ryqerifs Si na ure
Council Meeting Date: 10/4/04
Departmen Number: CA-04-12
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION C
SUBMITTED TO: HONORABLE MA OR AND CITY N IL MBERS '
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SUBMITTED BY: , PENELOPE CUAFT, City A mini trator 7�
JENNIFER MCG TFity Attorney _>
PREPARED BY: JENNIFER McGRATFAity Attorney U, =
HOWARD ZELEFSKY, Planning Director/►��(/�.
SUBJECT: Moratorium on Construction of Three -Story Homes Qi-�, klo 3F3
[Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Should the City adopt a 45-day moratorium on construction of three
story, single family homes and remodeling of homes to add a third story?
Funding Source: None.
Recommended Action: Do not approve and adopt Ordinance No. 3&'&3
Alternative Action(s): Approve and adopt Ordinance No. 3,,3 with specific findings
regarding the detriment to the public's health, safety and welfare.
Analysis: On September 7, 2004, the City Council requested the staff to return with an
interim ordinance that would impose a 45-day moratorium on construction of three-story,
single family homes. In order to adopt the ordinance and impose the moratorium, the City
Council must find that the issuance of building permits for construction of three-story single
family homes or remodel of homes to add a third story presents a current and immediate
threat to the public health, safety, or welfare, and the approval of additional building permits
for such homes would result in that threat to public health, safety, or welfare. In order to be
defensible if challenged, this finding must be supported by an adequate factual record. In
addition, California Government Code Section 65858 requires a 4/5 vote (affirmative votes)
of the legislative body to adopt the moratorium.
The staff does not support the adoption of the moratorium for several reasons. First, three-
story residences have been permitted in the City for several decades with little or no
04-12 Moratorium on 3-Story Homes 9116/04 2:34 PM r
I �l J
REQUEST FOR COUNCIL ACTION
MEETING DATE: 10/4/04
DEPARTMENT ID NUMBER: CA-04-12
detriment to the public's health, safety or welfare. Consequently, the staff has been unable
to document a sufficient threat to the public's health, safety or welfare to support the
adoption of the moratorium. Additionally, the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO) already contains a comprehensive process for the approval of three-
story homes. This process is strictly regulated with strong public oversight, including the
requirement that a conditional use permit (CUP) be issued following notice and a public
hearing. Finally, the adoption of a moratorium would likely result in the imposition of
additional regulations or the outright ban of three story homes in the community. Such a
ban would make all currently existing three-story homes legal, non -conforming structures,
subject to all the limitations of that designation.
As an alternative, the City Council may wish to direct staff to conduct a review of the
current HBZSO requirements for approval of three-story homes, including design
guidelines, and return to the City Council with a report on that review, including a proposal
regarding amendment of the third story process.
Environmental Status: N/A
Attachment(s):
RCA Author: PDA
04-12 Moratorium on 3-Story Homes 9/23/2004 4:47 PM
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ATTACHMENT 1
ORDINANCE NO. 34&3
AN INTERIM ORDINANCE OF THE CITY OF HUNTINGTON BEACH WPOSING A
MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR COY§TRUCTION OF
SINGLE FAMILY, LOW DENSITY THREE-STORY HOMES
WHEREAS, the City Council of the City of Huntington Beach doe hereby find, determine
and ordain as follows:
SECTION 1. The issuance of building permits for constructs of single family, low
density, three-story homes or remodel to add a third story presents a urrent and immediate threat to
the public health, safety, or welfare, and the approval of additional uilding permits for such homes
would result in that threat to public health, safety, or welfare.
SECTION 2. A moratorium on the issuance of buildi g permits for such homes is hereby
imposed for a period of 45 days. This moratorium includes rmits for the construction of new
homes and permits for the remodel of existing homes.
SECTION 3. Pursuant to California
Beach City Charter Section 501, this interim
PASSED AND ADOPTED by the City
meeting thereof held on the day of ___.�
ATTEST:
City Clerk
REVIEWED AND APPRO D:
City Administr for
6t Code Section 65858(a) and Huntington
shall become effective immediately.
of the City of Huntington Beach at a regular
2004.
Mayor
APPROVED AS TO FORM:
City,AltoP6ey
INITI ED AND APPROVED:
Director of Planning
04ord/moratorium - three story homes/9/16/04
0 0
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
Planning Director
SUBJECT: Moratorium on Construction of Three Story Homes
COUNCIL MEETING DATE: October 4, 2004
RCA ATTAC HMPENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome
Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbud et, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Find in s/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
•gROR RETURN OF
RCA Author: PDA