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HomeMy WebLinkAbout1988-07-14 - ORDINANCES - MH PARK MORATORIUM (2)2BM/ORD1244 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, ESTABLISHING A MORATORIUM ON THE CHANGE OF USE OF MOBILEHOME PARKS WITHIN THE CITY AND PROVIDING FOR ITS ADOPTION AS AN URGENCY MEASURE PURSUANT TO SECTION 65858 OF THE GOVERNMENT CODE. WHEREAS, this Ordinance is adopted as an interim ordinance and an urgency measure pursuant to section 65858 of the Government Code of the State of California; and WHEREAS, the City of Santa Clarita ("City") is proceeding in a timely fashion with the preparation of a General Plan and this Ordinance is adopted so that a study may be done to determine to what extent the change of use of any mobilehome park in the City shallnegatively impact or create an inconsistency with such a proposed rP plan; WHEREAS, City staff is in the process of developing zoning regulations which shall be reviewed by the Planning Commission of the City; and WHEREAS, the possibility of the change of use of any mobilehome park within the City creates an immediate threat to the public peace, health, safety or welfare, and any change of use of a mobilehome park willhresult safety or in magnifying the threat to the .,p P welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: The City Council of the City of City of hereby find, determine and declare that: SECTION 1. Santa Clarita, does (a) For the purposes of this Ordinance, the City Council adopts the definitions contained at sections 798 et seq of the Civil Code of the State of California. (b) 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, on December 15, 1987 adopted Ordinance No. 87-1 pursuant to Government Code PBM/ ORD 1.2 4 4 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 superseding ' Angeles County ordinances. The City Of Santa the Los the Losita has extended the applicability of all Los Angeles ClaCounty ordinances for an additional 120 days, or until the City Council has enacted ordinances superseding the Los Angeles County ordinances; and (c) The City has not adopted a General Plan, but has thirty (30) months from the date of incorporation to adopt such a plan, pursuant to Government Code section 65302.5; the City is proceeding in a timely fashion to adopt such a plan; the City Council has directed that a study be conducted to determine to what extent the change of use of any mobilehome park within the City will be inconsistent with the proposed General Plan; whether the existing zoning classifications which allow mobilehome parks are appropriate and proper; and, lastly, whether the zoning regulationr applicable to mobilehome parks are adequate and appropriate (hereinafter sometimes referred to as "Studies"); and (d) That the absence of this Ordinance would create a serious threat to the.orderly and effective implementation of any land use and zoning plans which may be adopted by the City Council as a result Of the Studies, in that the change of use of any mobilehome park at this time may be in conflict with or frustrate the contemplated land use element of the General Plan and Zoning Code provisions. The City Council recognizes and finds that certain mobilehome parks maybe operated pursuant to conditional use permits, and the cessation of the conditional use may result in an intensified use of the land, and that further intensified development within these areas at this time would permit zoning and land uses which may be in conflict with or frustrate the contemplated General Plan and Zoning Code provisions; and (e) The City Council has directed the Studies to be commenced as expeditiously as possible; such direction includes authorization to employ consultants to assist in the Studies; and (f) While this Ordinance is in effect, there shall be no change of use as defined in section 798.10 California Civil Code of a mobilehome park in the City and there shall be no building permits or other approvals issued by the City, its officers, employees, servants, or agents relative -2- r-, to any parcel of land upon which a mobilehome park operates where such permits or approvals would be inconsistent with the use of the property as a mobilehome park; and (g) Due to the necessary time required to conduct and the implement the Studies and draft change of use gof eaulations mob lehome park General Plan, any immediate would have the effect of frustrating the orderly drafting, review and redrafting of the zoning regulations and General Plan. In order to prevent the frustration of the Studies, the implementation thereof, the public interest, health, safety, welfare and necessity as hereinabove described, this Ordinance is adopted as an urgency measure so as to place into effect a limited moratorium pending the completion and implementation of Studies; and (h) Pursuant to section 65858 of the Government Code of the State of California, the City Council hereby finds and determines that a current and immediate threat to the public health, safety, or 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. (i) The provisions of this Ordinance shall not apply to any mobilehome park which has served upon its tenants a relocation impact report as of the effective date of this ordinance. SECTION 2. When practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of this Ordinance occur by reason of any of its provisions, an applicant for the change of use- of a mobilehome park may petition the City for a conditional use permit, following the procedures set out in sections 22.56.010, et seq of the Los Angeles County Planning and Zoning Code. SECTION 3 This Ordinance, and its provisions, notwithstanding any other provision hereof, shall not be deemed to prohibit any party from enforcing a lawful agreement to provide relocation assistance of any kind. This Ordinance shall not affect the change of use of any mobilehome park where the change of use is complete prior to the effective date of this Ordinance. SECTION 4 If any section, subsection, sentence, heldhtose, clause or word of this Ordinance is for any reason be invalid by a court of competent jurisdiction, such decisionsof sthis not affect the validity of the remaining pt 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 the provisions may be declared invalid. SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. PASSED AND APPROVED this 14th day °f July , 1988. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF SANTA CLARITA) George Caravalho , City Clerk of the City Of I, y the oin Ordinance No Santa Clarita, do hereby certif thplaced upon its firs t reading at 88-35 was regularly introduced andCouncil on the 14th day of a regular meeting of the City T„lv 1988. That thereafter/ said Orof the city 1C laondthe adopted and passed at a regular meeting by the following vote, to 14th day of July wit: AYES: COUNCILMEMBERS: Darcy, Heidt, Koontz, mcKeon NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Boyer