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HomeMy WebLinkAbout1987-12-16 - ORDINANCES - REAL PROPERTY MORATORIUM (2)ORDINANCE NO. 87-11 r AN INTERIM URGENCY ORDINANCE OF THE CITY OF SANTA CLARITA, CALIFORNIA, IMPOSING A MORATORIUM ON CERTAIN REAL PROPERTY WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Clarita does hereby find, determine and declare: (a) That the City of Santa Clarita is a newly incorporated City which comprises territory formerly within the unincorporated area of Los Angeles County. The City Council immediately following its organization and prior to performing any other official act, adopted Ordinance No. 87- 1, pursuant to California Government Code Section 57376 providing that all Los Angeles County ordinances previously applicable shall remain in full force and effect as the City ordinances for the City of Santa Clarita for a period of 120 days after incorporation, or until the City Council has enacted ordinances superceding the Los Angeles County ordinances; and (b) The City Council finds and determines that it has directed that a study be done to determine to what extent the Land Use Element of the County's General Plan should be revised; whether the existing County Zoning agricultural classification of A-2 Heavy Agricultural Zone (hereinafter "Designated Zone") is appropriate and proper and lastly, whether the zoning regulations applicable to the Designated Zone are adequate and appropriate (hereinafter "Studies"); and (c) The City Council further finds and determines that the absence of this ordinance would create a serious threat to the orderly and effective implementation of any land use or zoning plans which may be adopted by the City Council as a result of said Studies, in that further development within the Designated Zone at this time would permit zoning and land uses which may be in conflict with or frustrate the contemplated updates and revisions to the Land Use Element and Zoning Code provisions. The City Council recognizes and finds that said Designated Zone is a transitional zone which usage may become intensified and that further intensified development within the Designated f Zone at this time would permit zoning and land uses which may be in conflict with or frustrate the contemplated updates and revisions to the Land Use Element and Zoning Code provisions; and (d) That the City Council has directed that said Studies be commenced as expeditiously as possible; such direction included authorization to employ consultants to assist in the conduct of such Studies; and (e) While this ordinance is in effect there shall be no building permits or other approvals issued by the City of Santa Clarita, or its officers, employees, servants, or agents relative to any parcel of land located within the Designated Zone, nor shall there be any construction of any ::building" or "structure" and/or the commencement of any "use" within the Designated Zone (the quoted words shall be defined for the purpose of this Ordinance, as is set forth in the County of Los Angeles Zoning Code pending completion of said Studies); and (f) That due to the necessary delays inherent in conduct and implementation of such Studies by revising the zoning regulations and the General Plan, uses of the properties will be commenced which would have the effect of frustrating the orderly review and amendment of the zoning regulations and General Plan. That in order to prevent the frustration of such Studies, and the implementation thereof, the public interest, conveniences, health, safety, welfare and necessity as hereinabove described, require the immediate enactment of this Ordinance as an urgency measure so as to place into effect a limited moratorium pending the completion and implementation of such Studies; and (g) Pursuant to California Government Code Section 65858, the City Council hereby finds and determines that a current and immediate threat to the public health, safety and welfare of the City and its citizens necessitates the immediate enactment of this Ordinance. The facts constituting such an urgency are set forth in Section 1(c) of this Ordinance. SECTION 2. This Ordinance shall be effective immediately --Pon its adoption and shall expire and be of no further force and effect on January 29, 1988, unless sooner extended pursuant to California Government Code Section 65858. This Ordinance and its provisions, notwithstanding any other provision hereof, shall not be deemed to prohibit any development, redevelopment, construction, reconstruction or use: -2- (1) as to a vested right under a lawful issued building permit; and/or (2) for which a building permit is required, if the work contemplated is estimated to be of a value less than $10,000; and/or (3) any residential or health care use. SECTION 3. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a 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 and adopted this Ordinance and each and all provisions hereof, irrespective of the fact that any one or more of said provisions may be declared invalid. SECTION 4. Ordinance No. 87-8 is hereby repealed. SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance by not less than a four-fifths vote of the City Council; shall enter the same in the book of original ordinances of the City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED this 16th day of December, 1987. AYES: COUNCILMEMBERS: Boyer, Darcy, Heidt, Koontz, McKeon NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: en, City None None Howard P. "Buck" McKeon, Mayor