HomeMy WebLinkAbout00-10 Moratorium; Small-lot ResidentialORDINANCE NO. p0 -It!)
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF COSTA MESA, CALIFORNIA,
IMPOSING A MORATORIUM ON SMALL -LOT
RESIDENTIAL DEVELOPMENTS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1.
A. The City of Costa Mesa has been experiencing an inordinate number of
new small -lot residential subdivisions, especially on parcels in the Eastside
community of the City. The common element of these projects involves
subdividing large residential lots, often containing a single family residence, into
three or more small lots, each containing a single family residence.
B. These projects significantly increase the density of these neighborhood
communities where they are located and generally decrease the overall tranquility
that has previously characterized these areas.
C. The City Council is concerned that continuing to allow more of these
projects would degenerate the quality of life the residents in these communities
have become accustomed to enjoy and cherish.
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 considered the adoption of this urgency ordinance at
a regular, legally -noticed public meeting on June 5, 2000, 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.
1. After the effective date of this ordinance, the City shall not approve
any application for a discretionary approval of a project consisting of more than
two detached, single-family residential dwelling units.
2. This moratorium does not apply to:
(a) An application that was filed with the City before May 15, 2000.
(b) An application to subdivide the land of a prior residential project
whose application for discretionary approval was filed before May 15, 2000.
(c) An application for a residential project if each single-family
dwelling unit is located on a separate lot having 6,000 square feet or more and
direct access to a public street.
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(d) An amended application to redesign a project if the original
application was filed before May 15, 2000, and denied between May 15, 2000,
and June 5, 2000.
3. This moratorium shall not prohibit the filing and processing of an
application for any residential project 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 a public hearing on the application or any Environmental Impact Report
therefor during the moratorium.
4. The City staff is directed to conduct a study to evaluate possible
amendments to applicable residential development standards and possible General
Plan and/or zoning changes and report back to the City Council.
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.
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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 5th day of June, 2000.
ATTEST:
Mayor of a City of Costa Mesa
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Deputy City 1I rk of the City of Costa Mesa
APPROVED AS TO FORM
CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF ORANGE 1 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. 66-/6 was introduced and' considered section by section at a
regular meeting of the City Council held on the 5th day of June, 2000, and
thereafter passed and adopted as a whole at a regular meeting of the City Council
held on the 5th day of June, 2000, by the following roll call vote:
AYES: Monahan, Cowan, Erickson, Somers, Dixon
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 6th day of June, 2000.
Deputy Ci/V-. Clerk and ex -officio Clerk of
the City Cbhnc1I of the City of Costa Mesa
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