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Home My WebLink AboutORD 890ORD 890pT3(ÌìâORDINANCE NO. 890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IMPOSING A MORATORIUM ON CERTAIN PORTIONS OF PROPERTY WITHIN THE CITY URGENCY MEASURE) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine and declare as follows: a) That the City's staff has recommended to the City Council that a study be conducted in certain areas of the City, hereinafter described, to determine first, whether the zone classifications of properties included in said areas reflect the highest and best use of such properties and secondly, whether such properties should be included within a redevelopment plan so as to eliminate blight which appears to exist on certain of those said properties; and b) That the real properties to which this ordinance relates are as is described and depicted on Exhibit A" attached hereto and incorporated herein by this reference hereinafter referred to as Properties"); and c) That this City Council has directed the staff to commence a study to determine whether the zone classifications of such Properties, and the designation thereof on the City's General Plan reflect the highest and best use of such Properties consistent with the purpose and intent of the City's Zoning Regulations and the City's General Plan; and d) That the City Council has also instructed the staff to review and study said Properties, in conjunction with a qualified consultant, to determine whether such Properties should be considered for the inclusion in a redevelopment plan so as to eliminate blight by the process of redevelopment; and e) That said Properties have heretofore been included within a Survey Area within the meaning of Section 33,310, e_t seq., of the Health and Safety Code of the State of California; and f) That the City Council has determined that it is necessary to impose a moratorium on the construction of any building or structure and/or the commencement of any use on any of the said Properties, pending a complete study by the staff and Planning Commission to determine whether the present Zoning Regulations and General Plan controls are adequate and reflect the highest and best use of the said Properties consistent with the provisions of the said Zoning Regulations and General Plan, and to determine whether the said Properties should be included within a redevelopment plan for the purpose of elimination of blight by the process of redevelopment; and g) Staff has represented to the Council that inquiries have been made concerning proposed developments on certain of the Properties, which developments appear not to be consistent with either the proposed redevelopment project or with the highest and best use of such land to be determined in the studies to be conducted as to the Zoning Regulations and provisions of the General Plan; and BIB] 37971-U01 ORD-U02 890-U02 LI2-U03 FO4404-U03 FO33427-U03 DO33623-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 890pT3(ÌìâOrdinance No. 890 Page 2 of 3 h) That due to the necessary delays inherent in conducting such studies, and implementing such studies by revising the Zoning Regulations and the General Plan, and the adoption of the redevelopment plan, uses of the Properties will be commenced which could have the effect of frustrating the orderly review and amend- ment of the Zoning Regulations and General Plan applicable to such Properties, and could also have the effect of frustrating any redevelopment activities or processes which could be utilized with reference to such Properties to eliminate blight; and i) That if this ordinance is not immediately adopted, impos- ing a moratorium, the entire study process relating to the zoning measures as well as the redevelopment concept could be seriously damaged if not frustrated entirely by the commencement of uses inconsistent with either or both of such studies; and j) That the public interest, convenience and necessity, in order to prevent the commencement of such uses as hereinabove described, requires the immediate enactment of this ordinance as an urgency measure so as to place into effect a moratorium on the construction of any building, structure or the commencement of any use on the said Properties pending the completion of such zoning and redevelopment studies; and k) That the City Council has determined that the public interest, convenience and necessity require the immediate enactment of this ordinance pursuant to the provisions of the Planning Law of the State of California, the Redevelopment Law of the State of California, and other applicable laws, as an urgency measure. SECTION 2. That notwithstanding any provisions of the Baldwin Park Municipal Code to the contrary, during such time as this ordinance, or any lawful extension thereof, is in full force and effect, no person shall construct or reconstruct any building, structure, or commence any new use, as that is defined in the City's Zoning Regulations, on any of the Properties described and depicted on Exhibit A" hereto. No permit or any other entitle- ment of use, shall be issued by any officer or employee of the City for any building, structure or use on any of the Properties described and depicted on Exhibit A" during such time as this ordinance, or any lawful extension hereof, is in full force and effect. SECTION 3. That this ordinance is hereby declared to be an urgency measure and shall take effect immediately upon its adoption. A statement of facts constituting the basis of its said urgency is as above set forth. SECTION 4. That this ordinance shall be effective from and after February 6, 1985; provided that the provisions of this ordinance, not- withstanding any other provision hereof, shall not be deemed to prohibit any development, redevelopment, construction or reconstruction on any of the Properties described and depicted on Exhibit A" hereto: a) Which has been authorized by an approved development agreement; and/or b) Which has been authorized by a Development Plan, approved pursuant to Section 17.30.010, et_ eg^., of the Municipal Code; and/or c) Which has been authorized by an issued building permit; and/or d) Any construction, reconstruction or development for which a building permit is required, shall be permitted if the work contemplated is estimated to be of a value less than $10,000. BIB] 37971-U01 ORD-U02 890-U02 LI2-U03 FO4404-U03 FO33427-U03 DO33623-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 890pT3(ÌìâOrdinance No. 890 Page 3 of 3 SECTION 5. That the City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. PASSED AND APPROVED this 6th day of February, 1985____. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS CITY OF BALDWIN PARK I, LINDA L. GAIR, CITY CLERK of the City of Baldwin Park do hereby certify that the foregoing Ordinance No. 890 was passed and approved as an urgency ordinance at a regular meeting of the City Council of the City of Baldwin Park on the 6th day of February, 1985, by the following vote: AYES: COUNCILMEN GIBSON, KING, IZELL, MsNEILL AND MAYOR WHITE NOES: COUNCILMEN NCNE ABSENT: COUNCILMEN NCNE LINDA L. GAI^CITY CLERK BIB] 37971-U01 ORD-U02 890-U02 LI2-U03 FO4404-U03 FO33427-U03 DO33623-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 890pT3(Ììâ BIB] 37971-U01 ORD-U02 890-U02 LI2-U03 FO4404-U03 FO33427-U03 DO33623-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 890pT3(Ììâ BIB] 37971-U01 ORD-U02 890-U02 LI2-U03 FO4404-U03 FO33427-U03 DO33623-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04