HomeMy WebLinkAbout1988-01-28 - ORDINANCES - REAL PROPERTY MORATORIUM (2)ORDINANCE NO. 88-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA EXTENDING A MORATORIUM ON CERTAIN
r- REAL PROPERTY WITHIN THE CITY AND PROVIDING FOR ITS
ADOPTION AS AN URGENCY MEASURE PURSUANT TO
SECTION 65858 OF THE GOVERNMENT CODE
l WHEREAS, on December 16, 1987, the City Council of
the City of Santa Clarita adopted Ordinance No. 87-11
imposing a moratorium on certain real property within the
City as described in the Ordinance; and
WHEREAS, Ordinance. No. 87-11 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, Ordinance No. 87-11 was adopted so that a
study may 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 is
appropriate; and whether the zoning regulations applicable
to A-2 Heavy Agricultural Zone are adequate and appropriate;
and
WHEREAS, City staff is in the process of developing
draft zoning regulations which will be reviewed by the
Planning Commission of the City of Santa Clarita once that
commission has been established; and
WHEREAS, the concerns which led to the adoption of
Ordinance No. 87-11 still exist; and
WHEREAS, as a consequence of the A-2 Heavy
Agricultural Zone as described in Ordinance No. 87-11, there
currently exists an immediate threat to the public peace,
health, safety and welfare, and approval of development in
such zone without proper regulations will result in
magnifying the threat to the public peace, health, safety
and 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
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
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
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"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
I.N ` 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 upon its adoption, shall continue in effect for
a period of no longer than ten (10) months and fifteen (15)
days from the date of its adoption; provided, however, that
after notice pursuant to Section 65856 of the Government
Code and a public hearing, the City Council may extend the
effectiveness of this Ordinance for a period of one year.
This Ordinance and its provisions, notwithstanding any other
provision hereof, shall not be deemed to prohibit any
development, redevelopment, construction, reconstruction or
use:
(1) as a vested right under a lawful issued
building permit; or
r^ (2) for which a building permit is required, if
the work contemplated is estimated to be of a
value less than $10,000; 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
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m
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 5. The City Clerk shall certify to the
adoption of this Ordinance and cause it to be published in
the manner required by law.
PASSED, APPROVED AND ADOPTED this 28th day of
January , 1988.
Mayor
ATTEST:
7
J�
City lerk /
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I HEREBY CERTIFY that the foregoing Ordinance was
duly introduced on the 16th day of December , 1988,
and adopted on the 28th day of January 1988, by
the following roll call vote:
AYES: Boyer, Darcy, Heidt, Koontz, McKeon
NOES:
ABSENT: None
C
City Clerk
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REPORT OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
Subject: Ordinance 88-6 (A-2 Zone Moratorium)
IT IS RECOGNIZED BY THE CITY COUNCIL THAT:
1. The City of Santa Clarita (City) is a newly
incorporated city, formerly an unincorporated area of the
County of Los Angeles; and
2. The City is currently in the process of
establishing a Planning Commission as described in Ordinance
88-2 on file in the office of the City Manager; and
3. The City is currently actively recruiting a
Community Development Director and persons to serve on City
staff and advisory bodies; and
4. The existing City staff is in the process of
preparing zoning drafts, evaluating planning documents and
collecting other material pertinent to the agricultural
classification of A-2 Heavy Agricultural Zone within the
City; and
5. Once the Planning Commission, Community
Development Director and other City officers and staff are
in place, those drafts, documents and materials described
above may be submitted to those commissioners, directors,
officers and staff, and a final recommendation can be made
to the City Council regarding the zoning of what is now A-2
Heavy Agricultural Zone within the City; and
6. As stated within Ordinance 88-6, the absence
of the contemplated moratorium would create a serious threat
to the orderly and effective implementation of any land use
or zoning plan which may be adopted by the City Council.
THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA
CITY OF SANTA CLARITA
NOTICE OF EXEMPTION
TO: County Clerk FROM: City Council
County of Los Angeles City of Santa Clarita
Corporations Division 21021 Soledad Canyon
Main P.O. Box 151 Road, Suite 101
Los Angeles, CA. 90053 Santa Clarita
CA. 91351
Case No.: Not applicable
Project Title: Santa Clarita Moratorium Ordinance Number 88-6
Project Location - Specific: City wide - City of Santa Clarita
Project Location - City: City of Santa Clarita
Project Location - County: County of Los Angeles
Description of Nature, Purpose, and Beneficiaries of Project:
Declaration of a moratorium on certain real property - A-2 Heavy
Agricultural Zone for a period of 10 months and 15 days.
Name of Public Agency Approving Project:
City of Santa Clarita
Name of Person or Agency Carrying Out Project:
Interim City Manager - E. Fredrick Bien
Exempt Status: (Check One)
Ministerial (Sec. 15073)
Emergency Project (Sec. 15071)
Categorical Exemption. State type and section number:
X Statutory Exemption - See attachment "A" hereto
Reasons why project is exempt:
See attachments "A" and "B" hereto
Contact Person:
(Area Code)
E. Fredrick, Bien, Interium City
Date Filed:
(Telephone) (Extension)
Manager / �" 'Yy 2�
Fredridk Bien
ity Manager