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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