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HomeMy WebLinkAbout99-18 Prohibiting Certain Uses/Actions for Properties within the Westside Specific Plan AreaORDINANCE NO. 99-18 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING CERTAIN USES/ACTIONS FOR PROPERTIES WITHIN THE WESTSIDE SPECIFIC PLAN AREA. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY ORDAINS AS FOLLOWS: SECTION 1. A. In 1997, the City Council directed the preparation of a Westside Specific Plan due to its concerns with incompatible land uses, substandard housing, deteriorating infrastructure, traffic congestion, and poor economic conditions. B. A contract was awarded to prepare the Westside Specific Plan in August, 1998 which included a schedule of completion that identifies a target completion date of August, 1999, but has been extended to early 2000. C. The City has reviewed several applications for uses that may be in eventual conflict with the final plan, and the City Council is concerned that continuing to accept and process such applications would cause further land use incompatibilities in the future. D. California State Planning and Zoning Law Section 65858 allows cities to adopt an interim zoning ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which is in the process of being considered by the Planning Agency, Planning Commission, or legislative body. E. The City Council has considered the adoption of this urgency ordinance at a regular, legally -noticed public meeting on December 6, 1999 and hereby finds pursuant to California Government Code Section 65858, that a current and immediate threat to the public health, peace, safety and general welfare exists which necessitates the immediate enactment of this Ordinance for the immediate preservation of the public health, peace, safety and general welfare, based upon the facts set forth in this Ordinance and the facts presented to the Council. ACCORDINGLY, the City Council of the City of Costa Mesa by at least a four- fifths vote hereby adopts this interim zoning and urgency measure pursuant to California Government Code Section 65858 as hereinafter set forth: SECTION 2. After the effective date of this ordinance, the City shall not issue any permit, license or other approval which would allow commencement of any of the following uses: (a) All new sales of alcoholic beverages, bars, liquor stores, and convenience stores that sell alcoholic beverages, with the exception of bona fide eating establishments, within the entire Westside Specific Plan study area boundary as shown on Exhibit "A". The provisions of the moratorium do not apply to projects with vesting maps; projects with approved tentative maps for which mass grading permits have been issued; residential projects with approved development agreements, amendments to projects with vesting maps, provided no increase in density or intensity of use; and rehabilitation of existing property where there is no requested change in land use designation or existing footprint. Notwithstanding the provisions of the Costa Mesa Municipal Code, all land use permit applications covered by subparagraph "(a)" above, which have been received and not acted upon by the City as of December 7, 1999, shall not be approved. This moratorium shall not prohibit the processing of any land use application if the applicant requests such processing and pays the City the estimated costs thereof. SECTION 3. Urgency Clause. The City Council finds and declares that this ordinance is required for the immediate protection of the public health, safety and welfare as stated in Section 1 of this ordinance and that this ordinance shall become effective immediately upon its adoption and will continue in full force and effect until the end of 45 days from its effective date, unless its effectiveness is extended in accordance with Government Code Section 65858. SECTION 4. Conflicting Ordinances. This ordinance supersedes while it is in effect all ordinances or parts of ordinances, or regulations in conflict with the provisions of this Ordinance. SECTION 5. Severability. If any provision or clause of this Ordinance or the application thereof to any persons or circumstance is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this Ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this Ordinance are declared to be severable. SECTION 6. Publication. This ordinance shall take effect and be in full force immediately from and after its passage, and prior to the expiration of fifteen (15) days after its passage, shall be published once in the ORANGE COUNTY 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 6' day of December, 1999. ATTEST: Deputy Cit Clerl< of the City of Costa Mesa . (S�7 C�D Mayor of th City of Costa Mesa APPROVED AS TO FORM CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy 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. 99-18 was introduced and considered section by section at a regular meeting of the City Council held on the 6TH day of December, 1999, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 6th day of December, 1999, by the following roll call vote: AYES: Cowan, Erickson, Somers, Dixon NOES: Monahan ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 7th day of December, 1999. V -77 Deputy City Jerk and ex -officio Clerk of the City Cou it of the City of Costa Mesa � 1-/ = Y 11 \ V l VISA _ COSTA MESA LEGEND RI IN SGLE FAMILY RESIDENTIAL DISTRICT R2 MULTIPLE FAMILY RESIDENTIAL D37RICY R2N MULTIPLE FAMILY RESIDENTIAL DM7P= WIGR DENSITY) RD MULTIPLE FAMILY RESIDENTIAL DISTRICT AP ADMINISTRATIVE AND PROFESSION4L DtSTRIC CLS SHOPPNG CENTER DISTRICT CT LOCAL BUSINESS DISTRICT C2 GENERAL BLENEss DISTRICT CL COMMERCIAL LIMITED DISTRICT TC TOWN CENTER DISTRICT PDR -LD PLANNED DEVELOPMENT RESIDENTIAL -LOW DENSITY POR40 PLANNED DEVELOPMENT REsoom LL-10MILIM DENSITY PDR -4D PLANNED DEVELOPMENT RESppNTIAL,NGN DENSITY PDR-WMPLANi@D DEVELOPMENT RESIDEtNnpL-amu ct PDC PLANNED DEVELOPMENT COMIERCIAL PDI PLANNED DEVELOPMENT INDUSTRIAL OR INSTITUTIONAL AND RECREATIONAL DLSTpICT .. t5R-SS INSTITUTIONAL AND RECREATIONAL -SCHOOL DISTRICT P OFF-STREET PARKING MG GENERAL A NDUSTRIAL DISTRICT MP JNDUSTPJALI PARK DISTRICT Cm BOUNDARY IIIIIIIIIIII�IIIII SPECFIC PLAN pp, FLOODWAY OVERLAY FP2 FLOOD PLAN OVERLAY DISTRICT 13 TARGET AREA WESTSIDE SPECIFIC PLAN CCC