Ordinance - 1454ORDINANCE NO. 1454
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, EXTENDING THE PROVISIONS OF
URGENCY ORDINANCE NO- 1439 FOR A PERIOD OF EIGHT MONTHS
ON THOSE PARCELS PRESENTLY ZONED MF-20 IN THE AZUSA
AVENUE AREA WITHIN A PORTION OF THE CENTRAL BUSINESS
DISTRICT SURVEY AREA NO.3,41, AS AMENDED.
WHEREAS, pursuant to the provisions of the California Community
Redevelopment Act the City Council, on October 4, 1971, 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 redevelopment plan was approved and adopted; and
WHEREAS, pursuan C6 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 redevelopment project within such areas were feasible, said amended
survey area set forth on a map attached to said Resolution No. 5918, which
map 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 redevelop-
ment 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 Redevelop-
ment 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 Prelim-
inary Plan for the redevelopment of the select Redevelopment Project Area
as amended; and
WHEREAS, the Planning Commission, on September 19, 1979, by
Resolution No. 9-79-2991, did select amended Redevelopment Project Area boun-
daries and did approve and adopt an amended Preliminary Plan, 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 connection
with a proposed amended redevelopment project area now under study by the
West Covina Redevelopment Agency staff and the City's Planning Commission; and
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 proposed amended redevelopment
project area, which projects may be in direct conflict with land use desig-
nations 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 development
of any project within the proposed amended redevelopment project area 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
Ord. No. 1454 -
9/28/79 Page Two
• 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 contem-
plated 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. Notwithstanding 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 those
parcels presently zoned MF-20 in the Azusa Avenue areawithina.portion of
the Central Business District Survey Area No. 1, as amended by the City
Council on December 11, 1978 and on May 14, 1979, pending a study, final
determination, and adoption by the City Council and West Covina Redevelopment
Agency of an Amended Redevelopment Project Area and.Redevelopment Plan for
the redevelopment of an amended Project Area,:and .fu.rther 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, or for the establishment.or commencement of any uses of
real property located within the Central Business District Survey Area No. 1
as further amended and redesignated, except those parcels presently zoned
MF-20 in the Azusa Avenue area.
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 eight
months; provided, however, that after notice pursuant to Section 65856 of the
Government Code and a public hearing, the City Council may extend the effect-
iveness of this Ordinance 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 Clerk shall certify to the adoption of this
ordinance and cause the same to be published in the manner prescribed by law.
PASSED AND APPROVED this 28th day of September 1979.
• ATTEST:
City Clerk
E
Ord. No. 1454
9/28/79 Page Three
I HEREBY CERTIFY that the above and foregoing Ordinance No. 1454
was duly passed and adopted by the City Council of the City of West Covina
at an adjourned regular meeting held on the 28th day of September 1979 by
the following vote:
AYES: Councilmen: Miller, Tice, Browne, Chappell
NOES: Councilmen: None
ABSENT: Councilmen: Shearer
-+-Ar Avg / 6"414Z .
City Clerk
APPROVED AS TO FORM:
• e4e4- „-3 City Attorne
•
•
C l; R. T I- F I C A `r ION
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. Jr`
was published, pursuant to law,. in the West Covina.
Tribune, a. newspaper of general circulation published
and circulated in the City of West Covina..
Dated
Ja.#bt Berry, De y City Clerk
Ci y of West Co ina, California