Ordinance - 1439ORDINANCE NO. 1439
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, DECLARING A MORATORIUM
ON ANY FURTHER ISSUANCE OF BUILDING PERMITS WITHIN
THE ADOPTED CENTRAL BUSINESS DISTRICT SURVEY AREA
NO. 1, AS AMENDED, EXCLUDING THEREFROM THE ADOPTED
CENTRAL BUSINESS DISTRICT PROJECT'AREA, SAID ORDIN-
ANCE TO BE ADOPTED AS AN URGENCY ORDINANCE PURSUANT
TO SECTION 65858 OF THE GOVERNMENT CODE.
WHEREAS, pursuant to the provisions of the California
Community Redevelopment Act the City Council, on October 4, 19,71,
by Resolution No. 4455, did designate Redevelopment Survey Area.
No. 1 in Downtown West Covina; and
WHEREAS, pursuant to the provisions of the California
Community Redevelopment Act <.-.' the City Council, on December 20,
1971, by Ordinance No. 1180, did designate the Central Business
District Redevelopment Project Area pursuant to which a redevelop-
ment plan was approved and adopted; and
WHEREAS, pursuant to Section 33310 of the California.
Health and Safety Code, the City Council, on December 11, 1978
and on May 14, 1979 by resolutions respectively numbered as 5831
and 5918 did further amend and redesignate Redevelopment Survey
Area No. 1 for study purposes to determine whether a. redevelop-
ment project within such areas were feasible, said amendment
. survey area, set forth on a map attached to said Resolution No.
5918 which ma.p is hereby incorporated herein by reference; and
WHEREAS, the West Covina. Redevelopment Agency staff has
completed preliminary studies of Redevelopment Survey Area No. 1
as further amended and redesignated, and such studies conclude
that commencement of a redevelopment project within such survey
area is feasible and that changes of zone classifications and
,amendments to the City's general plan may be necessary if proposed
redevelopment plans, the City's general plan and the City's zoning
are to be consistent with each other; and
WHEREAS, the City Council on May 14, 1979, by Resolution
No. 5919 directed the West Covina Planning Commission to select
an amended Redevelopment Project Area comprised of all or part of
Redevelopment Survey Area No. 1, as further amended and redesignated
as shown on the map attached to said Resolution as Exhibit "A"
said map incorporated herein by this reference, and further directed
the Planning Commission to formulate an amended preliminary plan
for the redevelopment of the select Redevelopment Project Area. a.s
amended; and
WHEREAS, in the process of selecting an amended Redevelop-
ment Project Area, and formulating an amended preliminary plan for
an amended Redevelopment Project Area, it appears and is anticipated
that there will be conflicts between existing land uses and those
' land uses as set forth on the amended redevelopment plan in con-
nection with a. new proposed Redevelopment Project Area. now under
study by the West Covina Redevelopment Agency staff and the City's
Planning Commission; and
i
WHEREAS, without the adoption of this.urgency ordinance
building permits could be applied for and issued in order to
construct and complete development projects on property within
the adopted survey area as amended which projects may be in
direct conflict with land use designations provided for by a
redevelopment plan pursuant to a redevelopment project area now
presently under study by the City of West Covina and the West
Covina Redevelopment Agency and in addition to which the develop-
ment of any project within the adopted survey area as amended
may not conform to the provisions.of the City's general plan which
is presently under study by the City in connection with further
amendments relating to the adoption of an amended Redevelopment
Project Area; and
WHEREAS, Section 65858 of the Government Code of the
State of California authorizes the adoption of an interim
ordinance as an emergency measure prohibiting the usage of land
which may be in conflict with a contemplated zoning proposal
which the legislative body or Planning Commission is considering
or studying or intends to study within a reasonable period of
time;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
WEST COVINA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Nothwithstanding any other provision of
the West Covina Municipal Code, during such times as this
Ordinance is in full force and effect, no person shall be issued
a building permit for the commencement or establishment.of any
use or the development of any project upon any real property
located within the Central Business District Redevelopment Survey
Area No. 1 as amended by the City Council on December 11, 1978
and on May 14, 1979, pending a study and determination by the
City Planning Commission and the West Covina Redevelopment Agency
of the selection of an amended Redevelopment Project Area and
the formulation of a plan for the redevelopment of an amended
project area and further.pending the study and determination of
any necessary amendments to the City's general plan and necessary
zone changes in conformance therewith. The moratorium on the
issuance of building permits provided for herein shall not apply
to the issuance of building permits for the establishment or
commencement of any uses of real property located within the
Central Business District Redevelopment Project Area as described
in Ordinance 1180 adopted by the City Council on December 20, 1971,
SECTION 2. This Ordinance is adopted as an emergency
measure to protect the public safety, health and welfare and
shall take effect upon its adoption and shall continue in effect
for a period of no longer than four months; provided however,
that after notice pursuant to Section 65856 of the Government
Code and a public hearing, the City Council may extend the
effectiveness of this Ordinance for a period of eight months and
thereafter for an additional period.of one year. A statement of
' facts constituting the basis of such emergency is as above set
forth. The legal authority of the enactment of.this Ordinance is
Section 65858 of the California Government Code and other
applicable statutes.
SECTION 3. The City
adoption of this Ordinance and
in the manner prescribed by law.
Clerk shall certify to the
cause the same to be published
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PASSED AND APPROVED this 29th day of May , 1979.
ATTEST:
4A6��V� aje4a�
CITY CLERK
I HEREBY CERTIFY that the above and foregoing Ordinance
No. 1439 was duly passed and adopted by the City Council of the
City of West Covina at its regular meeting held on the 29th day
of May , 1979 by the following vote:
AYES: Councilmen: Miller, Tice, Shearer, Browne, Chappell.
NOES: Councilmen: None
ABSENT: Councilmen: None
U
APPROVED AS TO FORM:
CITY ATTORNEY
•
OF CITY CLERK
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e
C E R T I F I C A T I O N
State of California. )
County of Los Angeles ) ss.
City of west Covina )
I, JANET BERRY, Deputy City Clerk of the City of
West Covina., State of California., do hereby certify
that a true and accurate copy of Ordinance No.1439
was published, pursuant to law, in the west Covina.
Tribune, a. newspaper of general circulation published
and circulated in the City of west Covina..
Jane Berry, Deput City Clerk
City of west Covina., California
Dated 9/10/79
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