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Ordinance - 1729• • ORDINANCE NO. 1729 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA EXTENDING ORDINANCE NO. 1674 PUR- SUANT TO SECTION 65858(b) OF THE GOVERNMENT CODE. 1. WHEREAS, pursuant to the provisions of Section 65858(b) of the Government Code, of the State of California, the City Council, on April 22, 1985, directed staff to advertise an Interim Ordinance relative to Freeway Corridor Study Areas A and B as shown on Exhibit 1: and 2. WHEREAS, the City Council on May 28, 1985, adopted Ordinance No. 1674 declaring a moratorium on Study Areas A and B as shown on Exhibit 1; and 3. WHEREAS, pursuant to Section 65858(b) of the Government Code, Ordinance No. 1674 was adopted as an interim measure for a period of no longer than 45 days; and 0 4. WHEREAS, pursuant to Section 65858(b) of the Government Code and Section 2 of Ordinance No. 1674, the City Council on July 29, 1985, adopted Ordinance No. 1687,'declaring an extension of the moratorium on Study Areas A and B to July 31, 1986; and 5. WHEREAS, pursuant to Section 65858(b) of the Government Code, the City Council on February 10, 1986 adopted Ordinance No. 1712 which provided criteria for the removal of properties from the Freeway Corridor Moratorium and authorized the removal of parcel 1 as shown on Exhibit 2; and 6. WHEREAS, without the extension of the Interim Ordinance, develop- ment plans could be applied for and approved in order to construct and complete development which may be in conformance with zoning and General Plan designations, but may not be appropriate for the area; and 7. WHEREAS, without the extension of the Interim Ordinance, such approval of development plans could negatively impact the orderly and comprehensive development within the Freeway Corridor Areas; and 8. WHEREAS, it has been found that it would be more appropriate to complete the study of areas A and B as part of a preliminary assessment of the entire Freeway Corridor; and 9. WHEREAS, completion of a preliminary assessment of the entire Freeway Corridor will require an additional six months to complete.; and 10. WHEREAS, a notice of a public hearing, pursuant to Section 65090 of the Government Code, to extend the Ordinance No. 1674 was published on July 18, 1986; and 11. WHEREAS, a public hearing was held by the City Council on July 22, 1986, and it was found that without the extension of Ordinance No. 1674, the potential exists for development which would be inconsistent with the orderly and comprehensive development within the Freeway Corridor. NOW, THEREFORE, the City Council of the City of West Covina does ordain as follows: SECTION is This Ordinance is adopted extending Ordinance No. 1674 to November 30, 1986, pursuant to Section 65858(b) of the California Govern- ment Code and Section 2 of Ordinance No. 1674. -2- SECTION 2: 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 or approved for the commence- ment or establishment of any use or the development of any project upon any real property located within the Freeway Corridor Study Areas, as described in Exhibit 3, attached hereto and made a part thereof, pending a study and determination by the City Planning Commission and the West Covina City Council of the selection of appropriate land use designations and, further, pending the study and determination of any amendments to the City's General Plan and necessary zone changes in conformance therewith. SECTION 3: This Ordinance is adopted as an interim measure to protect the current and immediate public safety, health and welfare and shall take effect immediately upon its adoption. A statement of facts as above set forth in the recital of this Ordinance cites a current and immediate threat to the public health, safety or welfare and approval of development plans shall result in a continued threat. The legal authority of the enactment of this Ordinance is Section 65858(b) of the California Government Code and other applicable statutes. SECTION 4: The Mayor shall sign and the City Clerk shall certify to the adoption of this Ordinance by not less than a four -fifths vote and cause the same to be published in the manner prescribed by law. PASSED AND APPROVED this 28th day of yJuly,86. Mayor ATTEST: i City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGEL ES) SS CITY OF WEST COVINA ) I, Helene Mooney, City Clerk of the City of West Covina do hereby certify that the foregoing Ordinance No. 1729 was introduced, adopted and passed at an adjourned regular meeting of the City Council on the 28th day of July, 1986, by the following vote: AYES: Tennant, Bacon, Manners, Chappell NOES: None ABSENT: Shearer ABSTAIN: None APPROVED AS• TO FORM: City Attorney • City Clerk CERTIFICATION 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 Nowas published, pursuant to law, in the San • Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. Janet Berry, City Clerk City of West Covina, Call5rornia DATED: S