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HomeMy WebLinkAbout2001-04-24 - ORDINANCES - URGENCY TOBACCO PARAPHERNALIA (2)ORDINANCE NO. 01-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ENACTING A MORATORIUM UPON THE ISSUANCE OF CONDITIONAL USE PERMITS FOR TOBACCO PARAPHERNALIA BUSINESSES, AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council of the City of Santa Clarita fords and determines as follows: A. The City Council of the City of Santa Clarita has adopted Ordinance No. 01-9, amending the Santa Clarita Unified Development Code to require a _conditional use permit for tobacco paraphernalia businesses, as defined. B. California Government Code section 65858 authorizes the City Council to adopt, by a four-fifths vote, an interim ordinance as an urgency measure prohibiting any uses that may be in conflict with a zoning proposal,being considered by the City. C. The City has received at least one application to establish a new tobacco paraphernalia business prior to the effective date of Ordinance No. 01-9. D. It is in the best interests of the health, safety, and welfare of the citizens of the City of Santa Clarita to prohibit new tobacco paraphernalia businesses during the City's consideration of the Unified Development Code amendments intended to address such businesses. Further, the Unified Development Code amendments are necessary to provide clarification and direction to persons wishing to establish tobacco paraphernalia businesses within the City of Santa Clarita. E. This Ordinance must take effect immediately to preserve the public health, safety, and welfare. There is a current and immediate threat to the public. health, safety, and welfare in that at least one application to establish a tobacco paraphernalia business has been received by the City, and that application is in conflict with the City's contemplated zoning proposal. If an entitlement arose to such a use prior to the effective date of the City's contemplated zoning proposal, the public peace, health, and safety would be threatened and negatively impacted. F. Government Code Section 65858(a) authorizes an interim zoning ordinance adopted by four-fifths (4(5) vote to take effect immediately and remain effective for a period of 45 days. SECTION 2. Pursuant to Government Code Section 65858, for a period of forty-five (45) days, the City of Santa Clarity shall approve no new applications, or approve any current applications, or issue any building, use, or construction permits for any tobacco paraphernalia business, as that term is defined in Ordinance No. 01- 9. SECTION 3. If any portion of this Ordinance is for any reason held to be invalid, that portion shall be stricken and severed, and the remaining portions shall be unaffected and remain in full force and effect. SECTION 4. That the City Clerk shall certify to the passage of this ordinance and shall cause it to be published in the manner prescribed by law. PASSED AND APPROVED this 24' day of April, 2001. ATTEST: x CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) as CITY OF SANTA CLAR.ITA) I Sharon L. Dawson, City Clerk, of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 01-9 was duly passed and adopted as an urgency measure at the regular meeting of the City Council on the 24' day of April, 2001 by the following vote, to wit: AYES: COUNCILMEMBERS: Smyth, Darcy, Kellar, Ferry, Waste NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None .- A -- CITY CLERK