The URL can be used to link to this page

Home My WebLink About1988-12-08 - ORDINANCES - REAL PROPERTY MORATORIUM (2)ORDINANCE NO. 88- 47 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA EXTENDING A MORATORIUM ON CERTAIN REAL PROPERTY WITHIN THE CITY AND PROVIDING FOR ITS ADOPTION AS AN URGENCY MEASURE PURSUANT TO SECTION 65858 OF THE GOVERNMENT CODE 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, On January 28, 1988, the City Council extended the moratorium imposed by Ordinance No. 87-11 with Ordinance No. 88-6; and WHEREAS, on February 25, 1988, the City Council amended the moratorium pursuant to Government Code Section 65858(e); and WHEREAS, Ordinance Nos. 87-11 and 88-6 were adopted as interim Ordinances and urgency measures pursuant to Section 65858 of the Government Code of the State of California; and WHEREAS, Ordinance Nos. 87-11 and 88-6 were 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 Nos. 87-11 and 88-6 still exist; and WHEREAS, as a consequence of the A-2 Heavy Agricultural Zone as described in Ordinance Nos. 87-11 and "^ 88-6, there currently exists an immediate threat to the public peace, health, safety and welfare, and approval of TBM%ORDlr23 development in such zone without proper regulations will result in magnifying the threat to the public peace, health, safety and welfare; and 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 superseding 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 -2- THM%ORDrl23 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. 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, a conditional use permit (CUP) may be granted pursuant to Sections 22.56.010 et seg. of the Santa Clarita Planning and Zoning Code. Section 3. This Ordinance, pursuant to Government Code Section 65858, shall take effect immediately and continue in full force and effect for one year from the adoption. This Ordinance and its provisions, notwithstanding any other provision hereof, shall not be deemed to prohibit any development, redevelopment, construction, reconstruction or use: -3- TBM%OgD1123 (1) as a vested right under a lawfully issued building permit; or (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; or (4) any commercial or private recreation club or neighborhood recreation facility, as defined - in the Santa Clarita Planning and Zoning Code. Section 4. 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 5. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. December PASSED, APPROVED , 1988. i MSIOUMAMM i�lllll�W AND ADOPTED this 8th day of 4'� Mayor STATE OF CALIFORNIA ) 1 COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I HEREBY CERTIFY that the foregoing Ordinance was duly introduced on the 8th day of December , 1988, and adopted on the 8th day of December 1988, by the following roll call vote: AYES: COUNCILMEMBERS NOES: None ABSENT: None BOYER, DARCY, HEIDT, KOONTZ, MAYOR MCKEON -5-