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Ordinance - 1273ORDINANCE NO. 1273 AN ORDINANCE OF THE CITY COUNCIL • OF THE CITY OF WEST COVINA PROHIBITING THE ISSUANCE OF BUILDING PERMITS FOR THE DEVELOPMENT OF CERTAIN PROPERTIES IN THE VICINITY OF THE SAN BERNARDINO FREEWAY EXCEPT UPON AUTHORIZATION OF THE PLANNING COMMISSION DURING THE PERIOD OF STUDY NOT TO EXCEED 120 DAYS AND DECLARING THE URGENCY THEREOF,TO TAKE EFFECT IMMEDIATELY. WHEREAS, Section 65858 of the Government Code of the State of California authorizes the adoption of an interim ordinance as emergency measure prohibiting any usage of land which may be in conflict with a contemplated zoning proposal which the legislative body or Planning Commission or the Planning Department is consider- ing or studying or intends to study within a reasonable period of time, and WHEREAS, it has been requested that the development of certain properties presently zoned R-A in the Vicinity of the San Bernardino Freeway be suspended pending the study of the necessity for the rezoning of those properties for open space use, and WHEREAS, the properties in question are unsuitable for • development for uses permitted in the R-A zone; NOW, THEREFORE, the City Council of the City of West. Covina does ordain as follows: SECTION 1. Notwithstanding any other provisions of the West Covina Municipal Code, no building permit or other permit shall be issued for the development, construction or alteration or renovation of any use on any of the properties in the vicinity of the San Bernardino Freeway described and set forth on the excess freeway parcel description sheet attached hereto and incorporated herein by reference and further described as those parcels shaded in black on the map which is attached hereto and by this reference incorporated herein, unless said development, construction altera- tion or renovation conforms to the requirements of the open space zone and unless the planning commission has expressly approved the precise plan of development for one or more of said parcels prepared and filed in accordance with the precise plan procedures contained in the West Covina Municipal Code. SECTION 2. This ordinance is declared to be an ordinance for the immediate protection of the public health, safety and general welfare. The facts constituting the urgency are as follows: The properties which are the subject of this ordinance are excess freeway parcels acquired by the State of California in connection with the widening of the San Bernardino Freeway. Most of the properties that are subject of this ordinance are too small to permit development within the standards of the R-A zone and most of said parcels besides having poor vehicle access and visibility contain easements which may restrict quality development. The imminent sa.le--;of said propetties requires that in order for said parcels to be developed their highest and best use, it is necessary that the zoning regulations applicable to said properties be changed. The public peace, health and safety requires that this temporary regulation of development of the properties be immediately effective. SECTION 3. This ordinance shall take effect upon its • adoption and shall continue in effect for a period of no longer than four months, provided, however, that after public notice pursuant to Section 65856 of the Government Code and a public hearing, the City Council may extend the effectiveness of this ordinance for eight months. SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. Passed and approved this llth day of August , 1975. Mayor ATTEST: M _ .A • I HEREBY CERTIFY that the above Ordinance No. 1273 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the llth day of August , 1975, and was duly adopted anUpasse`d at a regular me e ing of the City Council of the llth day of August , 19753 by the following vote, to wit: A,YES,:- Councilmen: Miller, Browne, Tice, Chappell. � NOES: Councilmen: None ABSENT: Councilmen: None ABSTAINED: Councilman Shearer • - 2 -