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Home My WebLink AboutCC Ord 1171 1984-11-19 ORDINANCE NUMBER I'J'~/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING A MORATORIUM ON CERTAIN LAND USE APPROVALS AND PERMITS RELATED TO THAT PORTION OF THE CITY LYING IN THE VICINITY OF PACIFIC COAST HIGHWAY AND FIRST STREET AND DECLARING THE URGENCY THEREOF Section 1. The City Council of the City of Seal Beach hereby adopts and establishes a moratorium for a period of forty-five (45) days on the filing, processing, or issuance of building, grading or other permits or entitlements for use and applications related thereto for new construction and on the filing, processing, or approval of general plan amendments, zone changes, conditional use permits, variances, tentative maps or parcel maps and applications related thereto with respect to the property described in Exhibit A attached hereto and shown on the map attached hereto as Exhibit B. I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN: Section 2. Notwithstanding any other ordinance or code of the City of Seal Beach, no building permit. grading permit or other permit or entitlement for use or application related thereto for new construction shall be accepted for filing, processed or issued and no general plan amendment, zone change, conditional use permit, variance, or tentative map or parcel map for the subdivision of land or application related thereto shall be accepted for filing, processed or approved with respect to the property described in Exhibit A attached hereto and shown on the map attached hereto as Exhibit B. I Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity or remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. Section.4. The property which is subject to the moratorium imposed by this ordinallce is vacant land whose development is critical to the City. Such property is located along a scenic highway at one of the main entrances to the City. The vacant land lying adjacent to the subject property within the City is governed presently by the Hellman Specific Plan which provides for comprehensively-planned and coordinated development. The City wants to ensure that the development of the subject property will be compatible with the future development under the Hellman Specific Plan. Further directly north of the subject property is land designated as a wetland by the State of California Fish and Game Department, California Coastal Commission and California Coastal Conservancy. If not carefully planned and regulated, the development of the subject property may have a detrimental impact on such wetlands. The City Council has previously determined that the most effective means of ensuring the proper development of the subject property and preventing any adverse impacts on the community is to prepare and adopt a specific plan. On September 12, 1983, a specific plan regulating the development of the I Ordinance Humber J/1/ Section 5. subject property was adopted. This specific plan permits a wide range of commercial uses. After further study, the City staff, Planning Commission and City Council have concluded that the specific plan must be amended to insure that the City's land use goals and objectives for the subject property are achieved. In particular, the type of permitted uses needs to be more specifically defined and the visual impacts of future development needs to be more thoroughly addressed. The private development of the subject property is imminent. In the absence of the immediate effectiveness of this ordinance, development could take place which would conflict with the amendments to the specific plan that are being considered and studied. The construction of any development that would conflict with the proposed amendments to the specific plan would be highly detrimental to the welfare of the community. Due to the foregoing circumstances, there is a current and immediate threat to the public health, safety, and welfare from the approval of any subdivisions, land use permits, variances, building permits, or other applicable entitlements for use with respect to the subject property under the existing zoning ordinance and and specific plan. Therefore, it is necessary for the immediate preservation of the public peace, health, safety and welfare that this ordinance take effect immediately. This ordinance is an interim ordinance and shall expire forty-five (45) days after the adoption thereof unless extended by the City Council. The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law and the same shall take effect as provided by law. I I PASSED, APPROVED AND A OPT D by the City Council of the City of Seal Be~~) Ca1ifor at a regul r adjourned meeting thereof on the ~day of , 1984. ~, ',-c&. ,. -eN' ., Mayor :::> held ATTEST: ~ "~'-1ffh( ti (5"ty Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is the original copy of Ordinance Number //1/ on file in the office of the i Clerk introduced at a meeting held on the I~~day of , 1984, and passed, approved and adopted by the Ci y Council ~r:.~pe City 0 a1 Bea a a meeting thereof he 1 d on the ..L!fiL day of , 1984 by the fall owi ng ~: . ~ AYES: Counci1members ~ NOES, c,""',....."'~ ABSENT: councilmembers~ and do hereby further certify that Ordinance Number /11'/ has been ~8~~~shed pursuant to the sea~l Beach City Chartery2and Resolution Number Am.I1 lJt Ci y. Clerk Ordi nance flumber 1/11 I EXIIIII'l' A LBGAL DJ:SCRIP'l'IClII VIl1'ce1 36, pal. 16. A....sor llap aoolr. 110. n. .bo "fur.1S ~ .. Parc.l !eo. 041-160-36, ill t:Il. office of tJle As....or. county of 0&'8119., sute of CaUforllia. -. . I EXIIIU'1' A I Ordinance Number 1/"7/ I .. I . . - ~\.. .J , I SIT IE. ') ( I I "-II I~ " 1 , I "- -~ ....- -. I ,.1 i r~~~ ,:::... .~ ...., ~. ._...." . --.. ..'- ....... ,. - ~ . . ...... # . I , . I ...........;,. . Ordinance Number 1'/1'/ - PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County atoresaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of the .oooooo.~~~...~~.~..... .................................................... a newspaper of general circulation, printed and published .....~.oo.oo,..oo..oo in the City of ......~....oo.~....... County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, underthedateof.~., 19 ~7., N A t.J.O 8'3 . th t th t. Case umber 0000............, a e no Ice, of which the annexed is a printed copy (set in type not 'smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ...o.~~.. JR"".... .................. all in the year 19.8: i. I certify (or declare) under penalty of perjury that the foregoing is true and correct . Dated at..... _.... ~~... ~~.4-..... ...00. California, this..~~...day of .{.).~, 19.r.f. ...................~~~.~:..~... Free copies of thl. blilnk form mlY be secured tram: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 West Second St., Los Angeles, Calif. 90012 Telephone: (2131625-2541 Plene request GENERAL Pl"oofol Putllliutlon when orderln. thl. form. This space is for the County Clerk's Filing Stamp I Proof of Publ ication of .......................................................... ..........~...~~.~oooo. SU_AI1Y - 0nI_ Nu_ 1171 . Momartum . 2.74 AcIII P...... PoolfIc Coal HIg-, MId '1 Fir.' Slreet (St.. Lind. 1 COnunllllan) Ordinance Number 1171 of the City of Seal Beac:b. Estabhshlrc" moramrium on certam land use apprtMlls and per- mits rellWd to that portion of the City.. tyme In the vicinity of Pacific Coat HIp", and First Street (State lInds i CommiSSIOn property), WiI5 introduced and adopted. decllnng the UfleflCY thereof, by the Sool Sl!lICh City Coun- Cil It ,. re.... adloumf'CI meeb"l thereof held on the 19th day of November, 1984,.by tne followi"l -, AYES: BrowMlI, Clift. Grps, Risner, Wilson "'OE5. None Motion carried Copies of Orv;nance Number 1171.. -: ~ available In the offICe of the City Clerk. J City Hall, 211 - 81h SIrHt, telephafte (213) 431-2527 . - - . DATED thiS 21st dIy of November,. _. 1984. 1 Joanne M. Yeo, City Clerk CIty of Seal Beach Nov. 2B, 1984 i! Published in the Seat BeBc.h Journal. -: IIi i I I