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HomeMy WebLinkAbout66-54 Re-enacting Parts of DivisionXVIIORDINANCE No. 66-54 AN ORDINANCE OF THE CITY OF COSTA MESA REPEALING CERTAIN SECTIONS UNDER THE GENERAL PROVISIONS FOUND IN DIVISION XVII, CHAPTER IX, ARTICLE 2 AND RE-ENACTING SAID SECTIONS UNDER DIVISION XIX, CHAPTER IX, ARTICLE 2 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA. The City Council of the City of Costa Mesa does hereby ordain as follows: SECTION 1. Section 9298.1 of Division XVII, Chapter IX, Article 2 is hereby repealed. SECTION 2. Division XIX. Chanter IX. Article 2 is herebv amended to recta as follows: "Section 92100.1 Uses Not Listed. I. It is realized that in the development of a zoning ordinance not all uses of land can be listed, nor can all future uses be anticipated. Therefore, when in this Article a use is not listed for the various districts, additional uses may be permitted pursuant to the obtaining of a use permit under the provisions of this Division. 2. In permitting an unlisted use in any district, the Commission and the City Council shall first make a finding that the following conditions exist: (1) That field investigations have disclosed that the subject use and its operation are compatible with the uses permitted in the area wherein it is proposed to be located, and (2) That the subject use is similar to one or more uses permitted in the district within which it is proposed to be located, and (3) That the subject use will not cause substantial injury to the values of property in the neighborhood within which it is proposed to be located, and (4) That the subject use will be so designed, located and operated that the public health, safety and general welfare will be protected. "Section 92100.2 Procedure 1. The application shall be made to the Planning Commission on forms pre- scribed by said Commission, together with all necessary maps, sketches, diagrams or other evidence that may be required by the Planning Commission. 2. When such form is filed, together with all information required, a uniform fee of Twenty -Five Dollars ($25.00) shall accompany said application, except that no fee shall be charged for Use Permits required in Division XIV. 3. All applications for use permits under this section must be made by and signed by the record owner of the real property to be affected and said application may include, as a joint applicant, the signature of any lessee, purchaser, renter or other party having an interest in the property. Section 92100.3 Public Hearings 1. Upon presentation to the Commission, the Commission may call a public hearing and shall follow the procedure described for variances. 2. Upon receipt of said application by the Planning Department, the Director of Planning may, if he deems it necessary, set a public hearing not less than fifteen (15) days nor more than forty (40) days thereafter and shall follow the procedure described for variances. Section 92100.4 Commission Findings 1. The Planning Commission, after hearing all the evidence, may recommend that the Use Permit be granted or denied. It may impose such conditions as it finds necessary to protect the neighborhood and preserve the orderly development of the area. Section 92100.5 Council Action 1. Upon receipt of the decision of the Planning Commission the City Clerk shall set the matter on the agenda for the next Council meeting without further notice. 2. The City Council shall, by majority vote, either grant or deny the Use Permit and may add to, or eliminate, or alter any conditions recommended by the Planning Commission. SECTION 3• This Ordinance shall take effect and be in null force thirty (30) days from and after its passage 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 3^1 day of at»u a,c , 1967. Mayor of the o Costa Mean ATTESSTTT: y/" J�\ /4i - /`- V,�J City Clergy the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. �4- d y was introduced and considered section by section at a regular meeting of the said City Council held on the /9 Y4 day of December, 1966, and thereafter passed and adopted as a whole at a regular meeting of the said City Council held on the day of�1967, by the following roll call vote: AYES: COUNCILMEN NOES: COUNCILMEN _ /V;l l ASSENT: COUNCILMEN ii STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) 4r I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am the Legal Advertising Manager of the ORANGE COAST DAILY PILOT, a newspaper of gen. erol circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and I certify that Ordinance No 66-54 , of which the copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper on Jan 6-1967 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 6111 , 19-61., at Costa Mesa, California i 1\ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that Ordinance No. 66-54 was introduced and considered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 19th day of December , 1966, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 3rd—day of January 1962, by the following roll -call vote: AYES: COUNCILMEN - BARCK, WILSON, TUCKER, PINKLEY, JORDAN NOES: COUNCILMEN ABSENT: COUNCILMEN - NONE I FURTHER CERTIFY that said Ordinance No. 66-54 was published in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 6th day of January , 1961. City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa 4ZI Of the cnr of costa M Art"I" 1 Is hereby Olyisi0h %IX, Chapter 8 hereby ---de] Is I no tee Perri 1 A.h Firairp ,last.n, after CRON ity AN me City of -