HomeMy WebLinkAbout88-06 Amending Title 13, Articles 23 and 24, Municipal CodeORDIM�NCE NO. 88-6
AN ORDINANCE CF THE CITY COUNCIL CF THE CITY OF
COSTA MESA, CALIFORNIA AMENDIN3. TITLE 13, ARTICLES
23 AND 24, CF THE (DSM MESA MUNICIPAL ODDE, TO
II)ICLULE PROVISIONS LIMITING RESUBMITTAL CF APPLI-
CATIONS FOR PLPNNING ACTIONS AND AMENDMENTS TO THE
OFFICIAL ZONII3 MAP.
SECTION 1.
WHEREAS, Title 7, Chapter 4, of the California Government Code makes
provisions fbr the adoption and amndrmnt of local zoning regulations and
procedures; and
WHEREAS, presently the Costa Mesa Municipal Code does not contain pro-
cedural provisions concerning resubmittal of previously denied applications
for planning actions and amendments to the official zoning map; and
WHEREAS, the City Council finds that unrestricted reapplication of
previously denied applications is not in the best interests of the City of
Costa Mesa in that an undue burden is placed upon citizens and/or potenti-
ally impacted residents to repeatedly attend public hearings for the purpose
of restating testimony on projects that are unchanged fran previous hear-
ings, and results in needless expenditure of City Staff time and resources;
WHEREAS, an apprcpriate appeal and rehearing process is provided
within the Municipal Coda ensuring an applicant, or affected parties, ample
opportunity to present their views canprehensively to appropriate adminis-
trative, advisory, and/or legislative bodies.
ACCORDINGLY, the City Council of the City of Ccsta Mesa hereby amnds
Title 13 of the Costa Mesa Municipal Code as follaas:
SECTION 2.
1. Amend Article 2 3 ; to add the fo 1 lowi ng :
Section 13-355 Reapplication.
Upon final denial of any Planning Action application or revocation of
any such approved action, a new application for substantially the same
action may not be filed within six (6) months of the date of denial, or
revocation. The Develcprrent Services Director shall determine whether the
new application is f3or an action which is substantially the same as a
previously denied or revoked action. No decision cf the Director shall be
effective until a period cf seven (7) days has elapsed following the writ-
ten
ritten notice of decision; any appeal of the decision shall be filed according
to procedures set forth in Costa Mesa Municipal Code Sections 2-300 et.
seq.
2. Amend Article 24, to add the follaainrg:
Section 13-370 Reapplication.
Upon final denial of any amendment of the official Zoning Map, a new
application for substantially the sam amndrrent may not be filed within
six (6) months of the date of denial. The Development Services Director
shall determine whether the new application is for an anendsent which is
substantially the sane as a previously denied application. No decision of
the Director shall be effective until a period of seven (7) days has
elapsed folloaing the written notice of decision; an appeal of the decision
shall be f iled according to procedures set forth in Costa Mesa Municipal
Code Sections 2-300 et. seq.
SECTION 3.
If any section, subsection, sentence, clause, or phrase of this Ordi-
nance is far any reason held to be invalid or unconstitutional by a decision
of array court cf canpetent jurisdiction, such decision shall not affect the
validity of the ranaining portions of the Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each and every
section, subsection, sentence, clause or phrase not declared invalid or
unconstitutional without regard to whether any portion of the Ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4.
This Ordinance shall take effect and be in full force thirty (30) days
from and after the passage thereof, and prior to the expiration of fifteen
(15) days fran its passage shall be published once in the ORANGE ODAST
DAILY PILOT, a newspaper of general circulation, printed and published in
the City of Costa Mesa or, in the alternative, the City Clerk may cause to
be published a summary of this Ordinance and a certified copy of the text
of this Ordinance shall be posted in the office of the City Clerk five (5)
days prior to the date of adoption of this Ordinance, and within fifteen
(15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a
certified copy of this Ordinance together with the names of the members of
the City Council voting for arxi against the Ga -
PASSED AND ADOPTED this 18th day July,
ATTEST:
C' ty Clerk of the City of Cas y
Mesa
APPROVED AS TO FORMEf
CITY ATTORNF.�
STATE CF CALIFORNIA )
OOUNTY OF ORANGE ) ss
CITY OF QJSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Ccsta Mesa, hereby certify that the above and fore-
going Ordinance No. 88-6 was introduced and considered section by section
at a regular meting of said City Council held on the 5th day of July,
1987, and thereafter passed and adopted as a whole at a regular meeting of
said City Council held on the 18th day of July, 1988, by the following
roll call vote:
AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Vrheeler, Buffa
NOES: COUNCIL MEMBERS: Dbne
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
cf the City of Cbsta Mesa .this 19th day of July, 1988.
ty Clerk and ex -officio Clerk of Ae
- _ City Council of the City of Costa Msa