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Home My WebLink About74-30 Section 65858/ Urgency Ordinance4 5 6 7 8 9 10 11 12 13 OtAl 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 301 311 321 ORDINANCE NO. AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ENACTED PURSUANT TO SECTION 65858 GOVERNMENT CODE, TO PRO- TECT THE PUBLIC SAFETY, HEALTH AND WELFARE, PROHIBITING USES WHICH MAY BE IN CONFLICT WITH CONTEMPLATED ZONING PROPOSALS, AND AN ADOPTED COMMUNITY REDEVELOPMENT AGENCY REDEVELOPMENT PLAN, ADOPTING THE SANE 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 Redevelop- ment 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 andcbclares that a study must be undertaken to determine whether existing zones should be modified and changed or whether the Redevelopment Plan 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 Redevelopment 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 1 2 3 4 5 6 7 8 9 10 11 12 13 OtAl 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 301 311 321 ORDINANCE NO. AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ENACTED PURSUANT TO SECTION 65858 GOVERNMENT CODE, TO PRO- TECT THE PUBLIC SAFETY, HEALTH AND WELFARE, PROHIBITING USES WHICH MAY BE IN CONFLICT WITH CONTEMPLATED ZONING PROPOSALS, AND AN ADOPTED COMMUNITY REDEVELOPMENT AGENCY REDEVELOPMENT PLAN, ADOPTING THE SANE 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 Redevelop- ment 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 andcbclares that a study must be undertaken to determine whether existing zones should be modified and changed or whether the Redevelopment Plan 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 Redevelopment 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 s 1 zones and uses established by the Redevelopment Agency in its 2 Redevelopment Plan; no building permit in excess of $5,000.00 3 value shall be issued for construction within an -area described 4 in a plot plan attached to this. Ordinance Marked Exhibit "A" 5 and by this specific reference made a part hereof, pending a 6 study to be conducted by the Planning Agency of the City of 7 Costa Mesa. 8 SECTION 3: When because of special circumstances 9 applicable to the property, including size, shape, topography, 10 location or surroundings, the strict application of this 11 ordinance deprive such property of privileges enjoyed by other 12 property in the vicinity and under identical zoning classifications, 13 and where it appears that undue hardship will result from strict 14 application of this ordinance, a variance may be granted therefrom 15 after appropriate application to the Planning Commission and 16 final consideration by the City Council. 17 SECTION 4: The City Council -of the City of Costa Mesa 18 adopts this ordinance as an urgency ordinance pursuant to §65858 19 and §36934 California Government Code. 20 SECTION 5: The reasons in support of the urgency 21 actions of the City Council of the City of Costa Mesa are as 22 follows: 23 1. The City Council of the City of Costa Mesa 24 encourages development in the Redevelopment area which is con - 25 sistent with the Redevelopment Plan. 26 2. Zoning classifications within the Redevelopment 27 area may be inconsistent with the adopted Redevelopment Plan. 28 3. To allow development which is inconsistent 29 with the Redevelopment Plan will prohibit the attainment of the 30 objectives of the Redevelopment Agency. 31 4. It is necessary that uses within zones in - 32 consistent with the uses established by the Redevelopment Plan 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 The 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 news- paper of general circulation printed and published 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 6th da of May 1974 AAIJ ATTEST: Ma or of the City of Costa Mesa City Clerk of the City of Costa 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. 74-30 was introduced and considered section by section at a regular meeting of said City Council held on the 6th day of May F 1974 and there- after passed and adopted as a whole at a regular meeting of said City Council held on the 6th day of May 1974 by the following roll call vote: AYES: COUNCILMEN: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this 7th day of May , 1974. City Clerk and ex-officigfClerk =- -- = of the City Council of t&le City of Costa Mesa - 3 - -c r , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 The 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 news- paper of general circulation printed and published 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 6th da of May 1974 AAIJ ATTEST: Ma or of the City of Costa Mesa City Clerk of the City of Costa 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. 74-30 was introduced and considered section by section at a regular meeting of said City Council held on the 6th day of May F 1974 and there- after passed and adopted as a whole at a regular meeting of said City Council held on the 6th day of May 1974 by the following roll call vote: AYES: COUNCILMEN: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this 7th day of May , 1974. 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