HomeMy WebLinkAbout88-20 Processing and Approval of Applications for Development Project Subject to Measure GORDINANCE NO. 88-20
AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF COSTA MESA, CALIFORNIA, REGARDING
THE PROCESSING AND APPROVAL OF APPLICATIONS FOR
DEVELOPMENT PROJECTS SUBJECT TO MEASURE "G" PEND-
ING THE COMPLETION AND ADOPTION OF THE PROJECT
AND TRAFFIC MONITORING REPORT.
SECTION 1.
WHEREAS, at the November 8, 1988, Municipal Election, the voters of the
City of Costa Mesa approved Measure "G", a municipal initiative requiring that
development projects maintain and achieve certain minimum levels of service for
traffic flow, flood control, police, fire, and paramedic response times, or
otherwise mitigate their adverse impacts on the community; and
WHEREAS, Measure "G" requires that the City prepare and approve a "Project
and Traffic Monitoring Report" to provide the baseline information required to
enable the City to determine whether proposed development projects comply with
Measure "G" requiren-ents; and
WHEREAS, pursuant to Elections Code Section 4013, Measure "G" beccmes
effective on December 16, 1988; and
WHEREAS, until the "Project and Traffic Monitoring Report" is prepared
and approved and other implementation procedures have been established, the
City will be unable to evaluate whether the cumulative impacts of develcpment
applications would exceed Measure "G" standards and if so, what mitigation
measures may be required to assure compliance; and
WHEREAS, the City Council finds and determines that this Ordinance is
necessary to protect the public safety, health and welfare in that, unless this
Ordinance is adopted, the City will likely receive numerous additional develop-
ment applications before the Project and Traffic Monitoring Report is ccnpleted
and adopted and other implementing procedures are established, and that piece-
meal approval of such development applications prior to canpletion of a compre-
hensive analysis of the cumulative effect of all development in the City on the
adequate levels of service mandated by Measure "G" would result in confusion,
inconsistency, and improper planning, and would potentially result in the post-
ponement of the objectives of the voters who adopted Measure "G";
ACCORDINGLY, the City Council of the City of Costa Mesa hereby ordains
as follows:
SECTION 2.
A. For all development projects subject to Measure "G", the following
procedures shall apply from the effective date of Measure "G", i.e., December 16,
1988, until the earlier of (i) the date that this Ordinance expires pursuant to
Government Code Section 65858, or (ii) the date the City Council of the City of
Costa Mesa adopts the first "Project and Traffic Monitoring Report" pursuant to
Section III.E of Measure "G".
1. The City shall not accept for filing and processing an applica-
tion for any "project" as defined in Section VII.W. of ['Leasure "G"
unless the applicant has a vested right to proceed with the
project pursuant to a development agreement, a vesting tentative
map, or other State law, or Measure "G" is not applicable to the
project due to any other State law.
2. Immediately after the adoption of this Ordinance, the Develop-
ment Services Department shall prepare a report for the City
Council showing what projects, if any, could be processed and
approved without having any of the adverse effects that necessi-
tate this moratorium and the method to be used in implementing
Measure "G". This Ordinance can then be modified, if appropriate.
B. This Ordinance is an urgency interim ordinance enacted under the City
of Costa Mesa's general police power and the provisions of California Government
Code Section 65858 and shall take effect immediately upon adcption. The City
Council finds that there is a current and immediate threat to the public health,
safety, or welfare, and that the approval of additional subdivisions, use per-
mits, variances, and other applicable entitlements for use which are subject to
Measure "G" in violation of this Ordinance would result in a threat to public
health, safety, or welfare. The facts constituting the urgency and the threat
to the public health, safety, or welfare are as stated in the Recitals to this
Ordinance.
C. This Ordinance shall tenuinate and be of no further force or effect
upon the earlier of (i) its expiration pursuant to Government Code Section 65858,
or (ii) the City Council's adoption of the first "Project and Traffic Monitoring
Report" required pursuant to Measure "G
SECTION 3.
This Ordinance
shall take effect and be
in full force immediately
frau
and after the passage
thereof, and prior to the
expiration of fifteen (15) days
from its passage, shall be published once in
the ORANGE (OAST
LAILY 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.
PASSED AND ADOPTED this 5th day of December, 1988.
ATTEST:
C'ty Clerk of the City of Costa r
sa
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Mayor of the City ff
Costa Mesa
APPROVED AS TO FORM:
City "tiidrney /
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. 88-20 was introduced and considered section by section at a regular meting
of said City Council held on the 5th day of December, 1988, and thereafter
passed and adopted as a whole at a regular meeting of said Council held on the
5th day of December, 1988, by the following roll call vote:
AYES: COUNCIL ME14BERS: Buffa, Hornbuckle, Amburgey, Glasgcw
NOES: COUNCIL MEMBERS: Genis
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this 6th day of December, 1988.
City Clerk and ex -officio Cle rff of the
City Council of the City of vsta Mesa
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