HomeMy WebLinkAbout75-08 Zone Exception Permits11
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ORDINANCE NO. _ 75-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA AMENDING CERTAIN SECTIONS OF ARTICLE
23 OF TITLE 13, CHAPTER II OF THE COSTA MESA
MUNICIPAL CODE, RELATING TO ZONE EXCEPTION PERMITS;
PROVIDING FOR REAL HARDSHIP AS AN ADDITIONAL REASON
FOR THE GRANTING OF A ZONE EXCEPTION PERMIT AND
STATING REASONS THEREFOR.
6 THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
7 ORDAIN AS FOLLOWS:
8 SECTION 1: The City Council of the City of Costa Mesa
9 hereby finds and declares that to make the zone exception permit
10 provisions of the Costa Mesa Municipal Code more realistically
11 applicable to situations arising within the City, an amendment
12 is necessary which will add the element of real hardship to those
13 reasons already existing in Section 13-341 as instances where
14 a zone exception permit may be granted. The City Council further
15 finds and declares that the addition of the element of real
16 hardship is not intended to exclude other reasons now existing
17 in Section 13-341, but is intended to augment situations already
IS stated in said section. The City Council of the City of Costa
19 Mesa further finds and declares that its intention in adding real
20 hardship as an additional circumstance in which a zone exception
21 permit may be granted, is to provide for circumstances which
22 arise from time to time within the City and which are not provided
23 for in said Article 23. The City Council further finds and
24 declares that true circumstances showing real hardship must exist
25 before the Planning Commission and the City Council may rely
26 upon this feature of the zone exception permit provisions of the
27 Costa Mesa Municipal Code in granting relief for hardship reasons.
28 Accordingly, the following amendments are made in Title
29 13, Chapter II, Article 23 of the Costa Mesa Municipal Code:
30 SECTION 2: "Section 13-341 Zone Exception Permits:
31 Whenever, by reason of exceptional or extraordinary
32 circumstances or real hardship, the strict interpretation or
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1 inflexible application of this Chapter will lead to results which
2 may be inconsistent with the intent and purpose of the ordinance,
3 or which may be unfair and lead to injustices, or which may lead
4 to practical difficulties in land use or development, or which
5 may unfairly exclude proper and accepted uses, a zone exception
6 permit may be granted."
7 SECTION 3: Section 13-347 Conditions necessary to
.Granting of Zone Exception Permit
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Subsection (1) is hereby amended to read as follows:
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"(1) That exceptional or extraordinary circumstances
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or real hardship existed, justifying the granting of the permit an(
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what these circumstances are."
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13 SECTION 4: This ordinance shall take effect and be in
14 full force and effect thirty (30) days from and after its passage,
15 and before the expiration of fifteen (15) days after its passage,
16 shall be published once in the Orange Coast Daily Pilot, a news -
17 paper of general circulation printed and published in the City of
18 Costa Mesa, together with the names of the members of the City
19 Council voting for and against the same.
20 PASSED AND ADOPTED this 18th day of February 1975.
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Mayor of the City of Costa Mesa
23 ATTEST:
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25,ODp�
City Clerk of the City of
26 Costa Mesa
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APPROVED .AS TO FORM
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30 CITY .ATTORNEY-�
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
CITY OF COSTA MESA )
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--py�yo�. 7S 8 was introduced and
considered section by section at a°elff3r meeting of said City
Council held on the 2yd day of 1975 and thereafter
passed and adopted as a whole ata re ula meeting of said City
Council held on the [&, day of 1975 by the
following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS: )UM %
ABSENT: COUNCIL MEMBERS: X"'a.
IN WITNESS WHEREOF, I have hereby set my hand And,affixed
the Seal of the City of Costa Mesa this _/U day of
1975. if
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City Clerk and ex -officio C rk
of the City Council of the Wity
of Costa Mesa
:AXED AS TO FORM
LA—
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A RNEY