The URL can be used to link to this page

Home My WebLink About1988-08-25 - ORDINANCES - MH PARK MORATORIUM EXTENSION (2)T)JMjORD1244 J -- ORDINANCE NO. 88-40 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, EXTENDING A MORATORIUM ON THE CHANGE OF USE OF MOBILEHOME PARKS WITHIN THE CITY FOR TEN (10) MONTHS AND FIFTEEN (15) DAYS PURSUANT TO SECTION 65858 OF THE GOVERNMENT CODE. WHEREAS, Ordinance 88-35 was 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 Zoning Regulations and Ordinance 8-35 was adopted so that a study may be done to determine to what extent the change of use of any mobilehome park in the City shall negatively impact or create an inconsistency with such a proposed plan or conflict with such zoning regulations; F..., and WHEREAS, the continued 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 will result in magnifying the threat to the public peace, health, safety or welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of City of Santa Clarita, does hereby find, determine and declare that: (a) For the purposes of this Ordinance, the City Council adopts the definitions contained at sections 798 et sec 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 section 57376 providing that all Los Angeles County ordinances previously applicable shall remain in full force TBK/bFDi244 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 the Los Angeles County ordinances. The City of Santa Clarita has incorporated the Los Angeles County Code as it applies to the City as the Municipal Code and until such time as the City Council has enacted ordinances superseding the Los Angeles County Code; 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 regulations applicable to mobilehome parks are adequate and appropriate (hereinafter sometimes referred to as "Studies"); and (d) That Ordinance 88-35 shall be effective to ,. August 28, 1988 and the moratorium shall expire unless extended pursuant to Section 65858 of the Government Code; and Fco (e) 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 or Zoning Code provisions. The City Council recognizes and finds that certain mobilehome parks may be 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 or Zoning Code provisions; and (f) The City Council has directed the Studies to be completed as expeditiously as possible; such direction includes authorization to employ consultants to assist in the Studies; and -2- T31 /ORD1244 (g) The City Council has adopted a report on the actions which have been taken by the City to alleviate the conditions which led to Ordinance 88-35; and (h) The potential harm to the health, safety or welfare as described in Ordinance 88-35 continues to exist. (i) 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 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 (j) Due to the necessary time required to conduct and implement the Studies and draft the zoning regulations and the General Plan, any immediate change of use of a mobilehome park 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 extends 88-35 so as to continue a limited moratorium pending the completion and implementation of Studies; and (k) 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. (1) 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 Ordinance 88-35, July 14, 1988. 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 seg. of the Los Angeles County Planning and Zoning Code, incorporated by reference as the Santa Clarita Planning and Zoning Code. -3- mBM%OFtD1244 n 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, phrase, clause 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 the provisions may be declared invalid. SECTION 5. Pursuant to Government Code section 65858 this ordinance is effective immediately and shall remain in full force and effect for a period of ten (10) months and fifteen (15) days, provided, however, that after notice and a public hearing the City Council may e-� extend the effectiveness of this ordinance for a period of one year. SECTION 6. The City Clerk shall certify to the adoption of t— hi ordinance and shall cause it to be published in the manner required by law. 19 88, PASSED AND APPROVED this 25th day of August , 94e MAYOR -4- T 99/ORD 12 4 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, George Caravalho City Clerk of the City of SANTA CLARITA, do hereby certify that the foregoing Ordinance No. 88-40 was duly adopted and passed as an urgency measure at a regular meeting of the City Council on the 25th day of August 19 88, by the following vote, to wit: — AYES: COUNCILMEMBERS: Boyer, Darcy, Heidt, Koontz, McKeon NOES: COUNCILMEMBERS: None .N ABSENT: COUNCILMEMBERS: None CITY CLER/ -5-