HomeMy WebLinkAbout74-54 Extending ORD 74-30 to Protect the Public Safety, Health, and WelfareORDINANCE NO. 75/-5yl
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA ENACTED PURSUANT TO
SECTION 65858 GOVERNMENT CODE, EXTENDING
ORDINANCE 74-30 TO PROTECT THE PUBLIC SAFETY,
HEALTH, AND WELFARE, PROHIBITING USES WHICH
MAY BE IN CONFLICT WITH CONTEMPLATED ZONING
PROPOSALS, AND AN ADOPTED COMMUNITY REDEVEL-
OPMENT AGENCY REDEVELOPMENT PLAN, ADOPTING
THE SAME AS AN URGENCY ORDINANCE AND STATING
REASONS THEREFOR.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Costa Mesa
hereby finds and declares that within the boundaries of the
Redevelopment Agency and the adopted Redevelopment Plan,
certain inconsistencies exist between uses established by
the Redevelopment Plan, uses established by the General Plan
for the City of Costa Mesa and uses established by existing
zones. The City Council further finds and declares that
requests for building permits within said Redevelopment
Agency boundaries may be for uses in conflict with uses
established by the Redevelopment Plan. The City Council
further finds and declares that it anticipates an amendment
of the General Plan to conform with the Redevelopment Plan
adopted by the Redevelopment Agency. The City Council
further finds and declares that a study must be undertaken
to determine whether existing zones should be amended. The
City Council further finds and declares that it is necessary
for the protection of the public safety, health, and welfare
that uses which may be in conflict with either the Redevel-
opment Plan or existing zoning should be prohibited pending
a study of the area to be conducted and concluded within a
reasonable time.
Accordingly, the City Council of the City of Costa Mesa
enacts the following Ordinance provisions:
SECTION 2. "Except where no conflict exists between
zones and uses established by the Redevelopment Agency in
its Redevelopment Plan, no building permit in excess of
$5,000.00 value shall be issued for construction within an
area described in a plot plan attached to this Ordinance
marked Exhibit "A" and by this specific reference made a
part hereof, pending a study to be conducted by the Planning
Agency of the City of Costa Mesa.
SECTION 3. When, because of special circumstances
applicable to the property, including size, shape, topogra-
phy, location or surroundings, the strict application of
this Ordinance, deprives such property of privileges enjoyed
by other property in the vicinity and under identical zoning
classifications, and where it appears that undue hardship
will result from strict application of this Ordinance, a
variance may be granted therefrom after appropriate applica-
tion to the Planning Commission and final consideration by
the City Council.
SECTION 4. The City Council of the City of Costa Mesa
adopts this Ordinance as an Urgency Ordinance pursuant to
Section 65858 and Section 36934 California Government Code.
This Ordinance is the first extension of Ordinance 74-30,
and it shall be in effect for eight months from the adoption
hereof.
SECTION 5. The reasons in support of the urgency
actions of the City Council of the City of Costa Mesa are as
follows:
1. The City Council of the City of Costa Mesa
encourages development in the Redevelopment Area which
is consistent with the Redevelopment Plan.
2. Zoning classifications within the Redevelop-
ment area may be inconsistent with the adopted
Redevelopment Plan.
3. To allow development which is inconsistent
with the Redevelopment Plan will prohibit the attain-
ment of the objectives of the Redevelopment Agency.
4. It is necessary that uses within zones
inconsistent with the uses established by the Redevel-
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opment Plan be prohibited pending a study of said
inconsistencies, and recommended corrective action
by the Planning Staff and the Planning Commission
of the City of Costa Mesa."
SECTION 6. This Ordinance shall take effect and be in
full force and effect immediately from and after its passage,
and before the expiration of fifteen (15) days after its
passage, shall be published once in the Orange Coast Daily
Pilot, a newspaper of general circulation printed and pub-
lished in the City of Costa Mesa, together with the names of
the members of the City Council voting for and against the
same.
PASSED AND ADOPTED this 1,4,4 of , 1974.
Ma or of the i y of Costa Mesa
ATTEST:
City Clerk of the City of C to Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk
of the City Council of the City of Costa Mesa, hereby
certify that the above and foregoing Ordinance No. was
introduced and considered section by section at a regular
meeting of said City Council held on the 1_a;& day of
, 1974, and thereafter passed and adopted as a
whole at a regular meeting of said City Council held on the
/,t day of 1974, by the following roll call
vote:
AYES:
Council Members:
NOES:
Council Members:
ABSENT:
Council Members:
IN WITNESS WHEREOF, I have hereby set my hand and
affixed a Seal of the City of Costa Mesa this day of
1974.
City Clerk and ex -officio Clerkthe
City Council of the City of Cos Mesa
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