Ordinance - 1637ORDINANCE NO. 1637
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, DECLARING A MORATORIUM
ON ANY FURTHER REVIEW AND APPROVAL OF DEVELOPMENT
• PLANS ON THOSE PARCELS PRESENTLY DESIGNATED SERVICE -
COMMERCIAL (S-C) WITHIN THE EASTLAND REDEVELOPMENT
PROJECT AREA, SAID ORDINANCE TO BE ADOPTED AS AN
URGENCY ORDINANCE PURSUANT TO SECTION 65858 OF
THE GOVERNMENT CODE
WHEREAS, pursuant to the provisions of the California Redevelopment
Act, the City Council, on July 14, 1975, by Ordinance No. 1269 did
designate the Eastland Redevelopment Project Area pursuant to which a
redevelopment plan was approved and adopted; and
WHEREAS, pursuant to Section 400 of the Eastland Redevelopment
Plan, land use designations were established, permitting certain land uses
within the project area; and
WHEREAS, pursuant to Section 402 of the Eastland Redevelopment
Plan, the Service -Commercial (S-C) land use designation was established and
so designated on a map; and
WHEREAS, the Service -Commercial (S-C) land use designation was
established to provide an adequate source of business relocation sites
resulting from redevelopment activity in the Central Business District
(CBD) Redevelopment Project; and
• WHEREAS, as a result of ongoing redevelopment activity, the Agency
has developed alternative relocation sites to accommodate the displaced
businesses from the CBD Project; and
WHEREAS, the Agency has received developer interest for parcels
designated Service -Commercial which propose more intense developments which
may not be appropriate under the Service -Commercial designation; and
WHEREAS, the Agency would study the Service -Commercial parcels to
determine if the current land use designation is still appropriate to meet
the goals and objectives of the Eastland Redeveloment Plan; and
WHEREAS, the current General Plan land use designation for the area
is Service- and Neighborhood -Commercial and Regional -Commercial; and
WHEREAS, the current zoning districts for the area are C-2
(Medium -Commercial), N-C (Neighborhood -Commercial), 0-S (Open Space), S-C
(Service -Commercial), and R-C (Regional -Commercial); and
WHEREAS, the disparity in current zoning districts may provide for
uses which no longer meet the intent of the General Plan land use
designations nor the Eastland Redevelopment Plan's Service Commercial
designation; and
WHEREAS, without the adoption of this urgency ordinance,
development plans could be applied for and approved in order to construct
and complete development projects on property designated Service -Commercial
(S-C) which may be in conformance with zoning and General Plan
designations, but may not be permitted under the Eastland Redevelopment
Plan's Service -Commercial designation; and
•
Ordinance No.
June 25, 1984
Page Two
WHEREAS, without the adoption of the urgency ordinance, such
approval of development plans could negatively impact the orderly and
comprehensive development within the Eastland Redevelopment Project Area;
and
WHEREAS, without the adoption of the urgency ordinance, such
approval of development plans could permit developments which may create
density, building heights and traffic impacts which have not been
adequately addressed in the Redevelopment Plan; and
WHEREAS, such developments may be a threat to the public health,
safety or welfare; 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. Notwithstanding any other provision of the West Covina
• Municipal Code, during such times as this Ordinance is in full force and
effect, no development plan shall be reviewed and approved for the
commencement or establishment of any use or the development of any project
upon any real property designated Service -Commercial (S-C) located within
the Eastland Redevelopment Project Area, pending a study and
determination by the City Planning Commission and the West Covina
Redevelopment Agency of the selection of an appropriate land use
designation 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 review and approval of
development plans provided for herein shall not apply to the approval of
developments for the establishment or commencement of any uses of real
property designated Regional -Commercial (R-C) located within the Eastland
Redevelopment Project 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 45
days; 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 ten months, fifteen days
and thereafter for an additional period of one year. A statement of facts
constituting the basis of such emergency is as above set forth in the
recital of this ordinance citing a current and immediate danger to the
public health, safety or welfare and that approval of development plans
• shall result in a continued threat. The legal authority of the enactment
of this Ordinance is Section 65858 of the California Government Code and
other applicable statutes.
Ordinance No.
June 25, 1984
Page Three
SECTION 3.
• Ordinance and cause
law.
The City Clerk shall certify to the adoption of this
the same to be published in the manner prescribed by
APPROVED AND ADOPTED this 25th day of June 1984.
Mayor
ATTEST:
City Clerk
I HEREBY CERTIFY that the above and foregoing Ordinance No.1637
was duly approved and adopted by the City Council of the City of West
Covina at its regular meeting held on the 25th day of June 1984, by the
following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
• APPROVED AS TO FORM:
On,
City A�tte
•
Manners, Chappell, Shearer, Bacon
None
Tennant
None
City Clerk
L-OZL�C�.�
1
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.U51
was published, pursuant to law, in the.West Covina
Tribune, a newspaper of general circula.tion published
and circulated in the City of West Covina.
•
Janet Berry, Deputy City Clerk
City of West Covina, California
Dated -1 ` K"I
LIM