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HomeMy WebLinkAbout2016-05-24 - AGENDA REPORTS - URGENCY ORD MORATORIUM RETAIL (2)Agenda Item: 13 CITY OF SANTA CLARITA Q) AGENDA REPORT PUBLIC HEARINGS i, CITY MANAGER APPROVAL: 1 j=� DATE: May 24, 2016 SUBJECT: URGENCY ORDINANCE: EXTENSION OF A MORATORIUM FOR CERTAIN RETAIL USES ON MAIN STREET DEPARTMENT: Community Development PRESENTER: Joseph Montes RECOMMENDED ACTION Adopt an Urgency Ordinance entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, EXTENDING A MORATORIUM ON ALL NEW RETAIL USES IN THE URBAN CENTER ZONE OF THE OLD TOWN NEWHALL SPECIFIC PLAN (MAIN STREET AREA), EXCEPT THOSE SPECIFICALLY RELATED TO THE ESTABLISHMENT AND SUPPORT OF AN ARTS AND ENTERTAINMENT DISTRICT" for a period of 10 months and 15 days. BACKGROUND At their meeting on April 26, 2016, by a four-fifths vote, the City Council approved an Urgency Ordinance placing a 45 -day moratorium on new retail uses in the Urban Center zone of the Old Town Newhall Specific Plan (ONSP) (Main Street area), except for those use -types that support a pedestrian -oriented Arts and Entertainment District. The expiration date of the 45 -day moratorium is June 10, 2016. The Urgency Ordinance applies to all general retail uses listed in ONSP Section 4.2.020.C, except for the following: • Antique, Collectible, or Vintage Clothing Stores • Bar, Tavern, Night Club • Neighborhood Market/Convenience Store • Outdoor Displays and Sales (for existing businesses, subject to City approval) • Outdoor Dining (in the public right-of-way) • Restaurant, Caf6, Coffee Shop, except drive-through • Restaurants with accessory alcohol sales, Wine Tasting Rooms, Wine Bars, Beer Gardens, or Micro -Breweries Page 1 Packet Pg. 135 In addition to those listed above, all other categories of General Retail and Specific Retail as listed in Unified Development Code Sections 17.43.010.19 and 17.43.010.20, shall be prohibited, except for the following: • Apparel Boutiques • Art Supply Stores • Bakeries • Bicycle Shops • Book Stores • Florist Shops • Hobby Stores • Jewelry Stores • Music Stores • Sporting Goods Stores • Stationery Stores • Toy Stores The permitted uses listed above are not intended to be comprehensive. During the moratorium period, should the City receive an application or zoning referral request for a business not included in the list above, the Director of Community Development will review the application and determine if the proposed use supports the arts and entertainment uses envisioned for Old Town Newhall. No additional requests or applications for retail uses outside of those listed above have been submitted since the Council's initial moratorium action on April 26, 2016. Any uses approved outside of those listed above shall be subject to written findings. This moratorium only applies to general retail uses as described above, and does not affect the processes already in place regulating other use categories listed in the ONSP. Government Code Sections 36937 and 65858 authorize the City to adopt an extension of the Urgency Ordinance adopted by the City Council on April 26. The proposed Urgency Ordinance would extend the moratorium an additional 10 months and 15 days from the initial expiration date of June 10, 2016, and would apply to all properties within the Urban Center zone. The extension would give the City time to examine the specific uses that support the envisioned Arts and Entertainment District, and to amend the ONSP to reflect the changes. The moratorium extension would expire on April 25, 2017. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT None Page 2 Packet Pg. 136 ATTACHMENTS Public Hearing Notice Ordinance - ONSP Moratorium Extension 10 -Day Report - ONSP 45 -Day Moratorium ONSP Urban Center Zone Map ONSP Zoning Map 2014 Page 3 Packet Pg. 137 13.a CITY OF SANTA CLARITA NOTICE OF A PUBLIC HEARING REGARDING THE EXTENSION OF A MORATORIUM ADOPTED BY THE CITY COUNCIL ON APRIL 26, 2016 PROHIBITING CERTAIN RETAIL USES IN THE URBAN CENTER ZONE (MAIN STREET) IN THE OLD TOWN NEWHALL SPECIFIC PLAN AREA PUBLIC NOTICE IS HEREBY GIVEN: E 0 A public hearing will be held before the City Council of the City of Santa Clarita to consider the R extension of a moratorium on retail uses in the Urban Center zone (Main Street) of the Old Town 0 Newhall Specific Plan, except for those use types that support a pedestrian -oriented Arts and vi Entertainment District (Moratorium). c R On April 26, 2016, the City Council adopted Ordinance No. 16-07, an Urgency Ordinance establishing a 45 -day Moratorium on certain retail uses in the Urban Center zone on Main Street in Old Town Newhall. On May 24, 2016, the City Council will consider extending the c Moratorium for 10 months and 15 days to provide time for the City to further study the issue and EO potentially amend the Old Town Newhall Specific Plan. The 10 day report and supporting documents required by Section 65858(d) are available upon request at the City Clerk's Office. The public hearing will be held by the City Council in the City Hall Council Chambers, 23920 Valencia Boulevard, first floor, the 24th day of May 2016, at or after 6:00 p.m. If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in U)i written correspondence delivered to the City Council at, or prior to, the public hearing. w v Y Proponents, opponents, and any interested persons may be heard on this matter at this time. z° Further information regarding this matter may be obtained by contacting Ben Jarvis, Associate Planner, at 661.255.4330. w x Date: May 13, 20162 a Kevin Tonoian, a Y City Clerk w E t v Publish Date: May 13, 2016 Y Q Packet Pg. 138 13.b ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, EXTENDING A MORATORIUM ON ALL NEW RETAIL USES IN THE URBAN CENTER ZONE OF THE OLD TOWN NEWHALL SPECIFIC PLAN (MAIN STREET AREA), EXCEPT THOSE SPECIFICALLY RELATED TO THE ESTABLISHMENT AND SUPPORT OF AN ARTS AND ENTERTAINMENT DISTRICT WHEREAS, as set forth in the General Plan, the Old Town Newhall Specific Plan was intended to provide opportunities for an Arts and Entertainment District in the vicinity of existing theaters as part of a mixed-use, transit -oriented development, in the historic community of Newhall; and WHEREAS, certain retail uses support an Arts and Entertainment District, and are better situated to a walkable, pedestrian -oriented Main Street environment than other retail uses that are more appropriately located in automobile -oriented, general commercial zones; and WHEREAS, the City and private investors are both in the process of committing funding and resources to the Old Town Newhall Specific Plan and to the Arts and Entertainment District concept through the development of an entire block fronting Main Street, with three projects including a multi -screen arthouse movie theater, a 400 -space public parking structure, and a mixed-use project that is envisioned to include both residences and 20,000 square feet of additional restaurant and retail space; and W WHEREAS, on April 26, 2016, in a four-fifths vote, the City Council adopted Ordinance N No. 16-07, as an Urgency Ordinance and adopted its findings of fact; and WHEREAS, Ordinance No. 16-07, by law, is effective for 45 days and expires on June 10, 2016; and WHEREAS, pursuant to Government Code Section 65858, the City may, after notice and a public hearing, extend the moratorium enacted by Ordinance No. 16-07; and WHEREAS, the City Council continues to find there is a current and immediate threat to the public health, safety, and welfare based on the above findings and the findings contained in Ordinance No. 16-07, and upon that basis has determined that an extension of the moratorium enacted under Ordinance No. 16-07 is warranted. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings of fact. A. The recitals above are true and correct, and are incorporated as part of the City's findings. B. The factual basis for extending the moratorium also includes the findings set forth in Section 1 of Ordinance No. 16-07, which is adopted herein by reference. Packet Pg. 139 13.b C. Pursuant to Government Code Section 65858(d), the City has issued a report relative to the steps taken to alleviate the conditions that necessitated the adoption of Ordinance No. 16-07, which is attached and incorporated by reference. D. The City requires more time to study and decide: 1. If an ordinance (code amendments) is necessary to protect the public health, safety and welfare, and provide protection for public and private investments made in the Old Town Newhall area. 2. If such an ordinance would have any adverse effects upon the general commercial market, particularly commercial space located on Main Street in the Urban Center zone, and whether the effects of not strictly regulating land use on Main Street constitutes a current and immediate threat to the public health, safety, and welfare. 3. The extent the City may regulate land use, and to determine which retail uses are appropriate and supportive of the pedestrian -oriented Arts and Entertainment District envisioned for Old Town Newhall. E. Given the harm to the community by potential business uses that are not conducive to an Arts and Entertainment District, this moratorium should be extended to preserve the status quo, to provide time to seek clarification of the law, and permit City staff to develop appropriate regulations consistent with the requirements of the law. SECTION 2. Environmental Review. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA), pursuant to Section 15060(c)(2), Lo because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; Section 15060(c)(3) because the activity is not a project as defined in Section c 15378; and Section 15061(b)(3) because the activity will not have a significant effect on the 'm environment (CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3). These ,Wa„ findings are premised on the fact that the adoption of this ordinance will maintain existing w environmental conditions arising from the City's current land use regulations without significant E change or alteration. o SECTION 3. Extension of Moratorium Prohibiting Certain Retail Uses in the Urban Center zone. The City Council orders as follows: A. The findings and determinations in Section 1 are true and correct. B. Based on the foregoing, the City Council finds and declares there is a current and immediate threat to the public health, safety, or welfare, and upon that basis has determined that an Urgency Ordinance, pursuant to Government Code Sections 36937 and 65858, is warranted, and shall take effect immediately upon adoption by a four-fifths vote of the City Council. C. All retail uses in the Urban Center zone shall be prohibited except for those uses specifically listed in Ordinance No. 16-07. SECTION 4. Report. Staff is directed to provide a written report to the City Council at least 10 days prior to the expiration of this ordinance, describing the local conditions that led to the adoption of this ordinance and any measures taken to alleviate such conditions, in accordance with State law. Packet Pg. 140 SECTION 5. Effective Date and Duration. This ordinance is an Urgency Ordinance enacted under California Government Code Section 65858(a). This Urgency Ordinance is enacted immediately upon adoption by a four-fifths vote of the City Council, shall take effect on June 10, 2016, and will extend for a period of 10 months and 15 days from the previous expiration date of June 10, 2016. On April 25, 2017, the Urgency Ordinance (moratorium) will automatically expire unless extended by the City Council in accordance with California Government Code Section 65858. SECTION 6. Severability. If any section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and adopted this ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Further, the City Council hereby declares that this ordinance is neither intended to, nor shall it impair, the obligation of existing contracts. SECTION 7. Publication. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 241h day of May, 2016. MAYOR ATTEST: CITY CLERK 13.b Packet Pg. 141 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) ss. CITY OF SANTA CLARITA) I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the for%oing Urgency Ordinance No. 16- was adopted at a regular meeting of the City Council on the 24 day of May 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 13.b AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 16- and was published in The Signal newspaper in accordance with State Law (G.C. 40806). U) CITY CLERK Packet Pg. 142 13.b ORDINANCE NO. 16-07 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ESTABLISHING A MORATORIUM ON ALL NEW RETAIL USES IN THE URBAN CENTER ZONE OF THE OLD TOWN NEWHALL SPECIFIC PLAN (MAIN STREET AREA), EXCEPT THOSE SPECIFICALLY RELATED TO THE ESTABLISHMENT AND SUPPORT OF AN ARTS AND ENTERTAINMENT DISTRICT WHEREAS, as set forth in the General Plan, the Old Town Newhall Specific Plan was intended to provide opportunities for an Arts and Entertainment District in the vicinity of existing theaters as part of a mixed-use, transit -oriented development, in the historic community of Newhall; and WHEREAS, certain retail uses support an Arts and Entertainment District, and are better situated to a walkable, pedestrian -oriented Main Street environment than other retail uses that are more appropriately located in automobile -oriented, general commercial zones; and WHEREAS, the City and private investors are both in the process of committing funding and resources to the Old Town Newhall Specific Plan and to the Arts and Entertainment District concept through the development of an entire block fronting Main Street, with three projects including a multi -screen arthouse movie theater, a 400 -space public parking structure, and a mixed-use project that is envisioned to include both residences and 20,000 square feet of additional restaurant and retail space; and W WHEREAS, there is a current and immediate need to prohibit certain retail uses that do not W advance the concept of an Arts and Entertainment District in order to safeguard past, present, and future public and private investments in Newhall, specifically funds that have been expended in order o to create the Arts and Entertainment District envisioned by the community and the City Council. c NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings of fact. A. In 2005, the City Council adopted the Downtown Newhall Specific Plan (Specific Plan) to create a mixed-use, transit -oriented development. Since the adoption of the Specific Plan, the City of Santa Clarita (City) and the Redevelopment Agency of the City of Santa Clarita have invested considerable resources in Old Town Newhall, both in infrastructure and community events. Some of the infrastructure projects include, but are not limited to a former Caltrans highway was transformed into a pedestrian -friendly Main Street; Newhall Avenue and Railroad Avenue were extended to create a stronger community identity; old sidewalks were replaced with themed streetscape along the entire length of Main Street; the Old Town Newhall Library was constructed; and the intersection of Main Street and Newhall Avenue was improved with the installation of a roundabout. The Specific Plan was renamed the Old Town Newhall Specific Plan (ONSP) in 2014 to reflect the emerging identity of the Old Town Newhall Arts and Entertainment District. Packet Pg. 143 13.b B. The Urban Center (UC) zoning designation was assigned to parcels fronting and immediately adjacent to Main Street. The UC zone encompasses 18.13 acres and is generally bounded by the alley west of Main Street, Railroad Avenue on the east, 11 Street (the Old Town Newhall Library) on the north, and Newhall Avenue on the south. Street frontages throughout this zone are pedestrian -oriented, and defined by nonresidential buildings at the back of the sidewalk (ONSP 4.2.060.A). C. On February 9, 2016, the City Council directed staff to proceed with plans to develop the block immediately to the south of the Old Town Newhall Library with three separate projects that include a 400 -space public parking structure, a multi -screen arthouse movie theater, and a mixed-use project that is envisioned to include 46 residential units and just over 20,000 square feet of restaurant and retail space. The subject properties are located on the block bounded by Main Street, Lyons Avenue, Railroad Avenue, and 9t' Street. Collectively, the project is known as the "Redevelopment Block." D. On March 22, 2016, the City Council awarded a contract to Walker Parking Consultants to prepare the bridging documents for the parking structure component of the Redevelopment Block, with the intent of bringing an item back to the City Council in summer 2016 for consideration of awarding a design -build contract to a qualified firm. The other Redevelopment Block projects, Laemmle Theatres and Old Town -Main, LLC, are expected to submit their entitlement applications to the City in summer 2016. E. Section 4.2.020.0 of the ONSP lists the retail uses currently permitted in the UC zone, w Y either by right or conditionally permitted. These uses generally reflect the original uses w adopted by the City Council for the UC zone in 2005, with minor revisions in 2012 to encourage wine -tasting rooms and micro -breweries, thereby supporting the emerging ;° Arts and Entertainment District. Section 4.2.020.0 was further amended in 2014 to reflect land use categories listed in the Unified Development Code, thereby simplifying land use approvals and reducing the need for interpretation. Retail uses listed in Section 4.2.020.0 include general retail categories that may or may not be conducive to a pedestrian -oriented Arts and Entertainment District. F. Article XI, Section 7, of the California Constitution authorizes cities to adopt local police, sanitary, and other ordinances not in conflict with general laws. An Urgency Ordinance (moratorium) is permitted under this section of the California Constitution. G. A moratorium on retail uses in the Urban Center zone (Main Street area) is necessary because, based on the existing description of retail uses listed in ONSP Section 4.2.020.C, retail uses that are potentially detrimental and harmful to a pedestrian - oriented Arts and Entertainment District are permitted by right. If a temporary moratorium is not established, existing commercial space could be occupied by retail uses that are automobile -oriented, home maintenance -oriented, or office supply - oriented, that are inconsistent with an arts and entertainment district or that are intended to serve regional needs rather than supporting Newhall -specific, Main Street arts venues and entertainment uses. H. Moreover, the City requires time to study and decide: a. If an ordinance is necessary to protect the public health, safety, and welfare, providing clear direction as to the types of retail uses that will foster the emerging Arts and Entertainment District in Newhall; Packet Pg. 144 13.b b. If such an ordinance is necessary, which retail and other commercial uses would be best suited to support the Arts and Entertainment District envisioned for Main Street and the Urban Center zone; If such an ordinance is necessary, whether or not the ordinance would have any adverse effects upon the existing commercial properties in the Urban Center zone (Main Street); d. The extent to which the City may regulate general and specific retail uses in the Urban Center zone (Main Street); If it is necessary, given the potential harm to the entertainment and arts venues and the overall atmosphere of the UC zone, and the hindrance of the development of a pedestrian -oriented district due to incompatible commercial uses locating in the Urban Center zone, whether this moratorium should be extended to preserve the status quo to provide time for City staff to develop appropriate regulations consistent with the requirements of the law and the purposes of the Old Town Newhall Specific Plan. Government Code Sections 36937 and 65858 authorize the adoption of an immediately - effective Urgency Ordinance to protect the public health, safety, and welfare, and to prohibit certain land uses that may conflict with land -use regulations that the City's legislative bodies are considering or intend to study within a reasonable time. J. Accordingly, the City Council has determined that an Urgency Ordinance is necessary W to protect the public health, safety, and welfare of the citizens of the City, and upon that basis has determined that an Urgency Ordinance is necessary to prohibit all new general c .71 and specific retail uses in the Urban Center zone, except for the following: a. The following uses listed in the Old Town Newhall Specific Plan Section 4.2.020.C: Antique, Collectible, or Vintage Clothing Stores; Bar, Tavern, Night Club; Neighborhood Market/Convenience Store; Outdoor Displays and Sales [for existing businesses, subject to City approval]; Outdoor Dining (in the public right- of-way); Restaurant, Cafe, Coffee Shop, except drive-through; and Restaurants with accessory alcohol sales, Wine Tasting Rooms, Wine Bars, Beer Gardens, or Micro -Breweries; b. Uses listed in Unified Development Code Sections 17.43.010.19 and 17.43.010.20: Apparel Boutiques, Art Supply Stores, Bakeries, Bicycle Shops, Book Stores, Florist Shops, Hobby Stores, Jewelry Stores, Music Stores, Sporting Goods Stores, Stationary Stores, and Toy Stores; and Other uses not listed above that the Director of Community Development, through the issuance of written findings, determines support the emerging Arts and Entertainment District, and are consistent with the pedestrian -oriented environment of the Urban Center zone. Any person aggrieved by such written findings shall have the right to appeal the Director's decision, as more fully set forth in Chapter 17.07. Packet Pg. 145 13.b SECTION 2. Environmental Review. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA), pursuant to Section 15060(c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; Section 15060(c)(3) because the activity is not a project as defined in Section 15378; and Section 15061(b)(3) because the activity will not have a significant effect on the environment (CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3). These findings are premised on the fact that the adoption of this ordinance will maintain existing environmental conditions arising from the City's current land use regulations without significant change or alteration. SECTION 3. Applicability. This ordinance shall not apply to any parcel of land not located within the Urban Center zone of the Old Town Newhall Specific Plan. Furthermore, this ordinance applies only to general and specific retail uses in the Urban Center zone. Land use categories other than retail are not affected by this ordinance. SECTION 4. Moratorium. In order to protect the public health, safety, and welfare, and O pursuant to the provisions of Government Code Section 65858, the City adopts a moratorium >, prohibiting the commencement of any new retail uses and the issuance by the City of any permit, approval, or entitlement that would authorize the establishment of any new retail uses in the Urban Center zone of the Old Town Newhall Specific Plan, except as provided for in Section 1(J)(a), (b), and (c), above and except for any proposed retail uses for which entitlement applications have c c already been submitted to the City as of the effective date of this ordinance. For applications submitted after the effective date of this ordinance, during the period of the moratorium, the City will r continue to accept and process applications for non -arts and entertainment related retail uses/permits, w but will not take final action to approve such uses/permits. m N SECTION 5. Enforcement. The establishment of a use prohibited by Section 4 of this ordinance shall be subject to enforcement pursuant to Title 23 of the Santa Clarita Municipal Code. o The City reserves the right to utilize any and all authority available under Title 23 to effectuate the c purposes of this ordinance. X SECTION 6. Report. Staff is directed to provide a written report to the City Council at least 10 days prior to the expiration of this ordinance, describing the study conducted of the local retail and commercial conditions that led to the adoption of this ordinance in accordance with State law. SECTION 7. Effective Date and Duration. This ordinance is an Urgency Ordinance enacted under California Government Code Section 65858(a). This Urgency Ordinance is effective upon adoption by a 4/5ths vote of the City Council, and will extend for a period of 45 days from the date of adoption, at which time it will automatically expire unless extended by the City Council in accordance with California Government Code Section 65858. SECTION 8. Severability. If any section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and adopted this ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Further, the City Council hereby declares that this ordinance neither is intended to, nor shall it impair, the obligation of existing contracts. Packet Pg. 146 SECTION 9. Publication. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 261h day of April, 2016. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) ss. CITY OF SANTA CLARITA) I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Urgency Ordinance No. 16- was adopted at a regular meeting of the City Council on the 26 day of April 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 13.b Packet Pg. 147 13.c 10 -DAY REPORT ON THE CITY OF SANTA CLARITA'S 45 -DAY MORATORIUM URGENCY ORDINANCE PROHIBITING CERTAIN RETAIL USES IN THE URBAN CENTER ZONE OF THE OLD TOWN NEWHALL SPECIFIC PLAN (MAIN STREET AREA), AS REQUIRED BY GOVERNMENT CODE SECTION 65858(d) BACKGROUND: On April 26, 2016, pursuant to Government Code Sections 65858 and 36937, the City Council adopted Ordinance No. 16-07, a 45 -day moratorium Urgency Ordinance. Ordinance No. 16-07 was adopted in an effort to preserve public and private investment in Old Town Newhall, thereby supporting a pedestrian -oriented Arts and Entertainment District. Under Government Code Section 65858(d), at least 10 days prior to the expiration of the 45 -day moratorium, the City is to issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the moratorium. MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT LED TO THE ADOPTION OF THE URGENCY ORDINANCE 1. Since April 26, City staff has researched other cities with retail -use restrictions in their downtown areas. 2. City staff attended an Old Town Newhall Association meeting on May 18 and received feedback on the moratorium, its potential extension, and potential Old Town Newhall Specific Plan (ONSP) amendments. 3. The City Attorney initiated research as to the legal issues associated with restricting certain uses in the Urban Center zone. The City Attorney is also exploring options for business and property owners currently located on Main Street that would not comply should the moratorium be incorporated into potential ONSP amendments. 5. City staff has commenced the process to amend the ONSP, incorporating changes to the regulating plan for the Urban Center zone based on Ordinance No. 16-07. CONTINUED NEED FOR THE MORATORIUM Actions addressing the underlying need for the moratorium are on-going. Specifically, at the direction of Council, staff is preparing amendments to the ONSP which would codify the specific uses envisioned on Main Street. Amendments to the ONSP require public outreach, a public hearing before the Planning Commission, and a second public hearing before the City Council. These tasks cannot be completed within the initial 45 -day period, which ends on June 10, 2016. Therefore, the need for the moratorium remains, and staff recommends the City Council adopt an ordinance extending the current moratorium for a period of 10 months and 15 days from the original expiration date. Unless extended by the City Council, the moratorium extension would automatically expire on April 25, 2017. Staff intends to return to the City Council with ONSP amendments by the end of the calendar year. E M 0 Y R `o Y N c �R Packet Pg. 148 E CM1PR�' / 4 100 200 Parcel data Copyright May 2014, County of Los Angeles All rights reserved Map reproduced with commission granted by Rand McNally 2012 The City of Santa Clant does not warant Me accuracy of Me data and assumes no liability for any enors or omisslons. 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