HomeMy WebLinkAbout88-20 (Revision A) - Measure GORDINANCE NO. 88-20, REVISION "All
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 PENDING 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 requirements;
and
WHEREAS, pursuant to Elections Code Section 4013, Measure G
becomes 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 development applications would exceed
Measure G standards and if so, what mitigation measures may be
required to assure compliance; and
WHEREAS, projects which are exempt pursuant to Section III.N.
can continue to be processed because they are not required to
comply with the standards enacted by the initiative; 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 development applications before
the Project and Traffic Monitoring Report is completed and adopted
and other implementing procedures are established, and that
piecemeal approval of such development applications prior to
completion of a comprehensive analysis of the cumulative effect of
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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 postponement
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, nor
shall it approve or issue, an application for any
"project" as defined in Section VII. W. of Measure G
unless:
a. The project is exempt pursuant to Section III.N.,
or
b. 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
Development 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 necessitate 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 adoption. 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 permits, 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.
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C. This Ordinance shall terminate 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 from and after the passage thereof, and prior to the
expiration of fifteen (15) days from 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.
PASSED AND ADOPTED this _L .,day of , 1988.
ATTEST:
7.
Citylerk of the City of a Mayor of the City Costa Mesa
Cost Mesa
APPROVED AS TO FORM:
City°Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
e
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-Ro R 4r. "A" was introduced and
considered section by section at a regular meeting of said City
Council held on the 17'0- day of , 19�F, and
thereafter passed and adopted as a whole at a regular meeting of
said Council held on the jjt& day of 1988, by
the following roll call vote:
AYES: COUNCIL MEMBERS: 134FFA 4o Rm ac o- kL E 4 M OZI R 4 EK
�
NOES: COUNCIL MEMBERS: NonJE
ABSENT: COUNCIL MEMBERS: d6tj6-
IN WITNESS WHEREOF, I have hereby spt my hand and affixed the
Seal of the City of Costa Mesa this ,20 _ day of ,
1988$ .
gee,d 6' - 6-14�
City Clerk and ex -officio Cle
of the City Council of the Ci y
of Costa Mesa
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