HomeMy WebLinkAbout76-38 Amend Process Zone ExceptionORDINANCE NO. 76-39
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA AMENDING PROCEDURAL REQUIRE-
MENTS OF PROCESSING ZONE EXCEPTIONS UNDER SECTION
13-351 REGARDING REFILING AND MODIFICATION OF
FINAL DECISIONS, GIVING REASONS FOR URGENCY.
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
finds and declares that the City Council has always retained the
legislative prerogative of adding to, eliminating or altering
any condition or conditions imposed upon the granting of a Zone
Exception Permit pursuant to Article 23 of Title 13 of the Costa
Mesa Municipal Code.
Further, that this prerogative has heretofore, by
custom and practice for many years, been exercised after the
original decision has become final and after an applicant has
requested such a modification from the City Council.
The City Council further finds that under subsection 2
of Section 13-351 it appears that any such request for modifi-
cation would require a "refiling", with additional fees, contrary
to the intent and purpose of the City Council, the long-standing
custom and practice and the desire to expedite such procedures.
That this ordinance is adopted as an urgency ordinance
pursuant to Section 36934 of the California Government Code
and that the reasons for the urgency herein are to correlate
and conform the ordinance provisions to the established practice,
avoid inconsistencies and expeditiously.process such land use
matters.
Further, that the numerous applications for such Zone
Exception Permits pending require this ordinance be passed and
made effective as an urgency measure for the general health,
safety and welfare of the public.
Accordingly, subsection 2of Section 13-351 shall be
amended to read as follows:
e
SECTION 2: "Section 13-351 COUNCIL ACTION
2. The City Council shall, by majority vote,
either grant or deny the Zone Exception Permit and may add to,
or eliminate or alter any conditions.recommended by the Planning
Commission. The decision of the City Council shall be final."
SECTION 3: 'This urgency 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 published in the
City of Costa Mesa, together with the names of the members of the
City Council voting for and against the same.
1976.
PASSED AND ADOPTED this day of
ATTEST: APPROVED AS TO FORM:
City Clerk of the City o C'ty ttorn of the City of
Costa Mesa st 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. 74-38 was introduced
and considered section by section at a regular meeting of said
City Council held on the aid day of azLr 1976' -and
thereafter passed and adopted as a whole a regular meeting of
said City Council held on the day o 1976
by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS: Qct1
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the Seal of the City of Costa Mesa this 'S,z,s� day of
19 7,6 : -
• pp
---City Clerk and ex -officio lerk
of the City Council of t City
of Costa Mesa
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