HomeMy WebLinkAboutORD 921ORD 921 Ü h£Ÿjì ã “ ORDINANCE NO. 921
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-3", dated August 21, 1985, 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 an amended Survey Area within the meaning of
Section 33/310, et se<g. 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 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 currently being conducted as to the Zoning
Regulations and provisions of the General Plan; and
h) That due to the necessary delays inherent
in conducting such studies, and implementing such studies by
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ORD 921 Ü h£Ÿjì ã “ Ordinance No. 921 February 3, 1986
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 amendment 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 the ordinance is not immediately
adopted, imposing 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 pursuant to law a moratorium has
heretofore been imposed, pursuant to Ordinance no. 893; that a
duly noticed public hearing was conducted to determine whether
the said moratorium should be extended, and the City Council has
determined that the said moratorium must be continued in effect;
and
k) 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
1) 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-3", dated August 21, 1985, hereto. No permit or any
other entitlement 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-3", dated August 21,
1985, 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 an
urgency measure and shall take effect immediately upon its adoption.
A statement of facts constituting the basis of its said urgency is as
set forth.
SECTION 4. That this ordinance shall be effective from and
after February 4, 1986 for a period ending on July 16, 1986, provided
that the provisions of this ordinance, notwithstanding any other
provisions hereof, shall not be deemed to prohibit any development,
redevelopment, construction or reconstruction on any of the
Properties described and depicted on Exhibit A-3", dated August 21,
1985, 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 seq.. of the Municipal Code; and/or
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ORD 921 Ü h£Ÿjì ã “ Ordinance No. 921 February 3, 1986
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 value less than $10,000.
SECTION 5. That the City Clerk shall certify to the
adoption of this Ordinance and cause the same to be published in
the manner prescribed by law.
PASSED AND APPROVED this 3rd day of February 1986
M 5 /2^X^
MAYOR
ATTEST:
M
LINDA L. GA^R, CITY CLERK
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. 921 was passed and approved as an urgency ordinance at an
adjourned regular meeting of the City Council of the city of
Baldwin Park on the 3rd day of February 1986, by
the following vote:
AYES: COUNCILMEN MCNEILL, IZELL, GIBSON AND MAYOR WHITE
NOES: COUNCILMEN NONE_____________________________________
ABSENT; COUNCILMEN KING_____________________________________
Y^i X^^
LINDA L. AIR, CITY CLERK
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