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HomeMy WebLinkAboutCC Ord 1146 1983-06-13 ORDINANCE NUMBER 1/4' AN ORDINANCE 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 I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: Sectfon 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 permfts 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. Section 2. Notwithstanding any other ordinance or code of the City of Seal Beach, no building permit, grading permit or other permit or entitleme~t for use or applicatfon related thereto for new constructio.~ 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 sub- ; . division 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 I, ~:~the map attached hereto as Exhibit B. .......,1 ". ", ..... '. 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 decisfon 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 anyone 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 ordinance 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. 'I If not carefully planned and regulated, the development of the subject property may have a detrimental impact on such wetlands. The City Council has determined that the most effective means of ensuring the proper development of the subject property and preventing any adverse impacts on the community fs to prepare and adopt a specific plan. In the past, the City Council has required the preparation of specific plans for those vacant parcels of property which were significant to the future development and well-being of the City. The private development of the subject property is imminent. In the absence of the I I I Ordinance Number II~~ Page Two immediate effectiveness of this ordinance, development could take 'place which would conflict with the specific plan that will be prepared and adopted. The construction of any develop- ment that would conflict with the proposed specific plan and be incompatible with the future adjacent development under the Hellman Specific Plan would be highly detrimental to the welfare of the cOlllllunity. 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 land use regulations. 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 Ci~ Council. APPROVED AND ADOPTED by the City Council of the Cj!y',of Seal Beach, ia, at a regular meeting thereof held on the l'~ day of , ,1983, ATTEST: ;~ SEAL. '!\\I .:.. 0 .......... ~A "1 : &' r. '0..0.1 .. --..... ~ - ~ .. c.: 1'1':.......... /l.il'+ " " ~ fl.; ~\~l ~O: :d ~"'~o o':il ~"""'"o ,-";-"jt "',,"', Q;:..~t. 21. ,-;..... ~o.# IL~ ~ ....... ,..::; ...'" OUNT'(:,i' ~~I.I._ J:._,!h~ Ci ty ty:~r- ) ) ss ) STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH I, Joanne Yeo, City Clerk of the City of Seal Beach, California, do hereby :~~~~that the foregoing ordinance is the original copy of Ordinance Number on file Jt the office he City Clerk, introduced at a meeting e d on the /$ _ day of , 1983 and passed, approved and adopted by th~City Counci, he City of Seal Beach at a meeting thereof held on the J~~ da of , 1983 by the following vote: , AYES: NOES: f7 Councilmember Councilmembers ABSENT: Councilmembers and do hereby further certify that Ordinance Number J/4b published pursuant to the Seal Beach City Charter and Resoluti . -A ( ( Ordinance Number J/4b I ZXBIBI'1' A LZGA10 DESCRIPTION Parcel 36, page 16. A..e..or Jlap Book Ro. 43, .180 ref.rr.a to as Parcel Ro. 043-160-36, 1n the office of the AB....or, County of orange, Sta1:e of California. . ... .. I EXBurr A I " Ordinance Number ),J'~~ : \ I - ~'\..' ". . - J , , I . . . , I , . SITE ('"J . I I - fILU I , " I .' , , , I . "-~ ......" ,01 ..... "' , , - , . - , , , . ,. , '--. ) . r:-:~~~-: ...... . t.: T:. ._-, . - . ...... .. - . . ~ . . 6 ... I - .. . . ~~ .E--.JI........ . Ordinance Number ~J'~~ . PROOF OF PUBLICATION (2015.5 C,C,P.) STATE OF CALIFORNIA. County of Orange I am a citizen of the United States and a residentofthe County aforesaid; I am over the age of eighteen years. and not a party 10 or Interested In the above-entltled matter. I am the principal clerk of the printer of the .................................................... .....~...&.u.t", a newspaper of general clr tlon. printed, and published .....~............. In the City of.... ~a...,&Ad.-:. County of Orange. and which news. paper has been adjudged a newspal'8r of general circulation by the Superior Court of the County of Orange. State of , () 6'1 California. underthedateof..~. 19..... Case Number. if. ff~a$.a.; that the notice. of which the annexed is a printed copy (set . in type not 'smaller than nonpareil I. has been published in each regular and entire issue of said newspaper and not in any supplement thereof on 'the following dates. to-wit: b";'" ,<1 ............. .' ...~~/'B.d3...... all In the r 19,33. I certify (or declare.l under penalty of perjury that the foregoing Is true and correct. ' . . .' . Dated at ..... . ......~~..:.~g~.... California. thl~.5J.I..day of .............~~... Sifiature ,.... COJI...f .1111 blanll form ma, ... Heu.... 'ro..: CALIFORNIA NEWSPAPER SERVICE BUREAU.INC, Legal Advertising Clearing House 120 We.t Second S~. Los Angeles. Calif. 90012 relephone: (2131825-2541 ....... ....u... .eNeRAL ....... of PuIlUCII'. wll... ord....n. '1111 form. This space is for the County Clerk's Filing Stamp I Proof of Publication of ...~...................................................... .......k...&~...~ ..-..RY :.:.. --lTu -- U -- ---- 0_ NUII8ER 11. ESTABLIlIHINCI MORATOIlIUII.. ; STATE LANDS COIIM_ 1 PROPERTY ' . QnInancoN-.l14601IheCIIy 1 at Seal Beach. California. .... . &sm1g. __ on_lend .... __ end perm.. ro_ to '_partionollhecl\ylylng,""'" - viclnlly 01 PlICIIIc Coat Hlghwoy end First SIrMI. St8I8 landi Cammislal Property. wa. conSidered and odopIIId .. on _nCY onlo_ by , "",__CIlyCauncll8l_ ..~ 01 June 13, 111II3 by "",-.g_: AYES: a_I, llraos. LaozIo,. R_. Vllldorolooy: 1iIOES: _.. - MoIan e&n1ed. : CapIosolOnll_ _". . _"-In""'_of""'CIIr:j CIortl, 211 -1IIh _ --::-1 ..........(213) 431-2527. DATEDTHIS1...doyolJuno, 111II3,;,\ ~'. YEO, ,CIIr ~ CIIJ 01 j JUNE 22. 1983 _ ' --,""",--_.' I I