HomeMy WebLinkAbout83-11 Extending the Effect of ORD 83-8; Billboards or Outdoor Advertising StructuresORDINANCE N0. ,3 --
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, EXTENDING THE EFFECT OF ORDINANCE
83-8 CONCERNING A MORATORIUM ON THE PROCESSING AND ISSU-
ANCE OF BUILDING PERMITS AND ZONE EXCEPTION PERMITS FOR
BILLBOARDS OR OUTDOOR ADVERTISING STRUCTURES, DECLARING
SAID ORDINANCE TO BE AN URGENCY ORDINANCE AND SETTING
FORTH THE 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 finds and declares
that Ordinance 83-8 was adopted as an urgency interim ordinance to allow
sufficient time for the City to prepare and to adopt a new ordinance to regu-
late billboards and outdoor advertising structures; that the City has made a
good -faith and diligent effort to prepare and to process a new ordinance as
discussed in the "Billboard Ordinance/Moratorium Status Report" issued on
April 22, 1983; and that additional time is needed to complete the processing
of the new ordinance.
Accordingly, the following urgency measure is adopted.
SECTION 2. The City Staff is hereby directed not to process nor issue any
permits of any kind for billboards or outdoor advertising structures for the
duration of this Ordinance, provided that any application for City action that
has been filed with the City, or permit issued by the City before March 16,
1983, shall not be denied, enjoined, or otherwise prevented from being pursued
or completed solely by reason of the adoption of this Ordinance. Such projects
may be processed or completed if otherwise approved by the City.
SECTION 3. The City Council finds and declares that the protection of the
public health, safety, and general welfare requires that this Ordinance be
adopted as an urgency measure, pursuant to Section 65858, California Government
Code.
The reasons in support of the necessity of an urgency measure are as
follows:
The City Council adopted Ordinance 75-30 to pranote commerce and to
encourage redevelopment of blighted areas, to improve traffic safety, to pro-
tect the value of public and private property investments within the City to
create a more desirable environment for the citizens and visitors of the City
of Costa Mesa and to implement the General Plan of the City;
The decision of the United States Supreme Court in the case of Metromedia,
Inc., vs. City of San Diego casts doubt on the constitutional validity of Ordi-
nance 75-30;
That the possible invalidation of Ordinance 75-30 creates a current and
immediate threat to the public health, safety, and welfare and that the con-
struction of unregulated billboards and outdoor advertising structures would
endanger the public health, safety, and welfare;
That additional time beyond a 45 -day moratorium established by Ordinance
83-8 is required to draft and to adopt a new ordinance to control, to regulate,
and, if necessary, to abate billboards or outdoor advertising structures within
the carimunity in order to protect the public health, safety, and welfare.
SECTION 4. This Ordinance shall take effect and be in full force immedi-
ately from and after its passage, and prior to the expiration of fifteen (15)
days frau the passage thereof, 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 manes of the members of the City Council
voting for and against the same. The provisions of this Ordinance shall be
effective until such time as a new ordinance regulating billboards and outdoor
advertising structures becomes effective.
IWM
PASSED AND ADOPTED this 2nd day of May, 1983.
ATIE.ST:
Ci Clerk of the City of Costa Me
STATE OF CALIFORNIA ) APPROVED AS TO FORM
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA
CITY ATTORNEY
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 Ordi-
nance No. ='L was introduced and considered section by section at a
regular meeting of said City Council held on the 2nd day of May, 1983, and
thereafter passed and adapted as a whole at a regular meeting of said Council
held on the 2nd day May, 1983, by the following roll call vote:
AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland
NOES: COUNCIL MEMBERS: None
ABSENT: ODUNCIL MEMBERS: Schafer
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this 3rd day of May, 1983.
Ci y Clerk and ex -officio Clerk ofe
City Council of the City of Costa sa
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