HomeMy WebLinkAbout72-90 - Urging Legislature to Modify Zoning RegulationsRESOLUTION NO. 72-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, URGING MODIFICATION OF CERTAIN PORTIONS OF
TITLE 7, CHAPTER 4, ARTICLE 3 OF THE GOVERNMENT CODE,
RELATING TO ZONING REGULATIONS; URGING ACTION UPON THE
PART OF THE STATE LEGISLATORS; AND GIVING THE REASONS
THEREFOR.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AS FOLLOWS:
THAT WHEREAS, from time to time special circumstances applicable to
property, including size, shape, topography, location and surroundings
require special attention, and relief from the strict application of
zoning ordinances; and
WHEREAS, said relief, if not granted, deprives such property of the
privileges enjoyed by the other property in the vicinity, under identical
zoning classifications; and
WHEREAS, such relief in the form of variance, conditional use permit,
or zone exception permit should be subject to reasonable conditions imposed
by the Legislative body of the local agency to insure the health, safety
and welfare of the community, and to guarantee equal privileges enjoyed by
other neighborhood property; and
WHEREAS, State acts now provide that a variance shall not be granted
for a parcel of property which authorizes a use or activity which is not
otherwise expressly authorized by the zone regulation governing the parcel
of property; and
WHEREAS, case law has established that conditions subject to
defeasance or reversion cannot be imposed upon zone changes because the
reversion to a previous zone by failure of condition constitutes a second
re -zoning and violates the procedural directions of State law, which
demands that re -zoning be accomplished through notice, hearings and planning
commission inquiry; and
WHEREAS, the governing bodies of local agencies are best informed
and equipped to provide for the particular and specialized planning needs
of local communities; and
WHEREAS, the nature of the needs and problems of local planning and
zoning are not of such overriding statewide concern as to require pre-emptive
statewide Legislation; and
WHEREAS, on the contrary, the needs and problems of local planning
and zoning are of such unique, specialized and localized nature as to
require substantial freedom to regulate by local agencies without pre-emptive
interference from State Legislative acts; and
WHEREAS, said governing bodies of said local agencies are now left
with an impractical alternative in order to solve the unique and specialized
planning problems of their communities, and to effectively meet community
and neighborhood planning needs; and
WHEREAS, said alternative is the adoption of new zones for each new
unique or specialized planning problem situation arising in the local
community; and
WHEREAS, the adoption of a multitude of zones to fit special
situations may result in undesirable spot zoning and may lead to unlawful
and discriminatory results; and
WHEREAS, the adoption of a multitude of zones to fit specialized
planning situations within the community will create a conglomerate of
highly complicated and impractical planning problems, impossible to
administer in the community, and will result in continuous changes of
the master plan, all to the detriment of the health, safety and welfare
of the citizens of the community.
NOW, THEREFORE, BE IT RESOLVED, that the Legislature for the State
of California be urged to take immediate Legislative action to relieve
the local agencies from the unreasonable Legislative restrictions now
existing in matters of planning and zoning.
BE IT FURTHER RESOLVED, that the Legislature for the State of
California be urged to recognize the fact that local agencies are best
acquainted with and best equipped to solve the problems of planning and
zoning in their individual communities.
BE IT FURTHER RESOLVED, that the Legislature for the State of
California be urged to take immediate action to re-establish the
jurisdiction in local agencies for the granting of relief from zoning
ordinances wherever warranted, without restriction and without the
necessity of circumvention by multitudious zoning to accomplish the
same purpose.
BE IT FINALLY RESOLVED, that a copy of this resolution be forwarded
to the committees on local government for both the Senate and Assembly
for the Legislature for the State of California, to the Senator and
Assemblyman for this jurisdiction, to the League of California Cities,
and to the Orange County Division, League of California Cities.
PASSED AND ADOPTED this 18th day of September, 1972.
Mayor of the City of Costa Mesa
ATTEST:
Deputy City Clefk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa and ex -officio
Clerk of the City Council for the City of Costa Mesa, hereby certify that the
above and foregoing Resolution No. 72-90 was duly and regularly passed and
adopted by the City Council of the City of Costa Mesa at a regular meeting
thereof held on the 18th day of September, 1972.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 20th day of September, 1972.
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa
Deputy City Clerk of the City of Costa Mesa