HomeMy WebLinkAbout01-02 Imposing a Moratorium on Construction of Certain New Residences and RemodelsORDINANCE NO. D 1. 2-'
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF COSTA MESA, CALIFORNIA,
IMPOSING A MORATORIUM ON CONSTRUCTION
OF CERTAIN NEW RESIDENCES AND REMODELS
ON R-1 LOTS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. FINDINGS
A. The City of Costa Mesa has been experiencing some problems and
concerns regarding the standards governing construction of certain residential
structures. Citizens recently have protested new residential projects bringing into
question the continued adequacy of existing standards, particularly those
standards aimed at addressing residential building mass, scale, and compatibility to
avoid so-called "mansionization.."
B. The City Council wishes to address these- concerns -by reviewing the
existing residential standards and adopting proposals for modifications and
additions.
C. An ordinance revising residential development standards and residential
parking requirements is currently under review by the Planning Commission and
staff.
D. A moratorium has been adopted that precludes approval of
discretionary applications for small lot residential projects. The existing
moratorium does not affect construction within the R-1 zoning district, however,
although new development standards affecting R-1 construction are being'
reviewed as part of the pending study.
E. Continuing to allow new construction or remodels of unusually large
single-family residences that are out of scale with surrounding development within
the R-1 zone before existing development standards are revised would degrade the
quality of life City residents have become accustomed to enjoy and cherish and
could cause dissention and discord.
F. California State Planning and Zoning Law, Section 65858, allows a city
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.
G. The City Council considered the adoption of this urgency ordinance at
a regular, legally -noticed puplic meeting on January 15, 2001, and hereby finds
based upon the facts- set forth In this ordinance- and the facts presented to the
Council that there is a current and immediate threat to the public health, safety, or
welfare and approval of building permits for new, or remodeling of unusually large,
single-family residences on R-1 zoned property would result in that threat to the
public health, safety, or welfare which necessitates the immediate enactment of
this ordinance.
SECTION 2. COVERAGE
1. After the effective date of this ordinance, the City shall not issue
building permits for the construction of any new, or the remodel of any, single -
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family residences located on `11-1 zoned property when the completed structure
would have a floor area ratio (F.A.R.) of greater than 0.5.
2. This moratorium shall not prohibit the filing and processing of an
application for a building permit for any structure covered by this ordinance if the
applicant requests such processing and pays the City in advance for the estimated
processing costs, but neither the Planning Commission nor the City Council shall
hold any public hearing on any application or any Environmental Impact Report
therefor during the moratorium. Any applicant requesting such processing is
hereby advised that the building permit or other application involved might never
be issued or approved due to new City requirements and no credit or refund for
processing costs advanced pursuant to this section will be made.
3. The City staff is directed to complete -as soon as practical the study
evaluating possible amendments to the residential development standards and
possible General Plan and/or zoning changes and. reportback to. the. City Council
with recommendations for adoption.
SECTION 3. URGENCY ADOPTION
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, and declares 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 pursuant to Section 65858.
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SECTION 4. CONFLICTING ORDINANCES
While this ordinance is in effect, it supercedes all ordinances or parts of
ordinances, or regulations in conflict with its provisions.
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 Mesas together with
the names of the members of the City Council voting for and against the same.
PASSED AND ADOPTED this 15th day of January, 2001.
ATTEST:
Deputy City I rk of the City of Costa Mesa
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a or of the City of Costa Mesa
APPROVED AS TO FORM
CIT EY �
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. o/ -a. was introduced and considered section by section at a
regular meeting of the City Council held on the 15th day of January, 2001, and
thereafter passed and adopted as a whole at a regular meeting of the City Council
on the 151h day of January, 2001, by the following roll call vote:
AYES: C.0LLA #3 k aa) M0 NR i/aI-)� c�oi3:,v 54 j
NOES: !vo Al c.
ABSENT: A)o nl 6
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 161' day of January, 2001.
Deputy City lerk and ex -officio Clerk of
the City Co cil of the City of Costa Mesa
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