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HomeMy WebLinkAboutORD 951ORD 951x ôÎÞmORDINANCE NO. 951 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 staff has recommended to the City Council that a study be conducted in certain areas of the City hereinafter described, to determine whether the zone classifica- tions of properties included in said areas reflect the highest and best use of such 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 and the City's General Plan; and d) 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 provisions of the said Zoning and General Plan; and e) Staff has represented to the Council that inquires have been made concerning proposed developments may not be consistent with the highest and best use of such land; and f) That due to the necessary delays inherent in conducting such studies, and implementing such studies by revising the Zoning and the General Plan, uses of the Properties will be commenced which could have the effect of frustrating the orderly review and amendment of the Zoning and General Plan applicable to such Properties; and g) That if this ordinance is not immediately adopted, imposing a moratorium, the entire study process relating to the zoning measures could be seriously damaged if not frustrated entirely by the commencement of uses inconsistent with the highest and best use of said Properties; and h) That the public interest, convenience and necessity require, in order to prevent the commencement of such uses as hereinabove described, 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 studies; and BIB] 37970-U01 ORD-U02 951-U02 LI2-U03 FO4404-U03 FO33426-U03 DO33454-U03 C5-U03 ORDINANCES-U03 12/11/2003-U04 ROBIN-U04 ORD 951x ôÎÞmORDINANCE NO. 951 PAGE 2 i) That the City Council earlier adopted Ordinance No. 948, imposing a moratorium, as therein described; the staff has recommended that the moratorium be extended to July 15, 1987, or until the study referred to in Ordinance No. 948, and this oridnance is completed and acted upon by the City Council; and j) 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, 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 contruct or reconstruct any building, structure, or commence any new use, 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 measue 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 August 20, 1986; provided that the provisions of this ordinance, notwithstanding any other provision hereof, shall not be deemed to prohibit any development, construction or reconstruction on any of the Properties described and depicted on Exhibit A" hereto; a) Which has been authorized by an issued building permit; and/or b) 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. c) Which work or rehabilitation which in the opinion of the City's Building Department is necessary, to eliminate, correct or abate a public nuisance or any other condition which is, or may be, harmful to persons or to other properties in the immediate vicinity thereof, regardless of the cost of such work or rehabilitation. 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. APPROVED and ADOPTED this 20th day of7 August 1986. ATTEST: LINDA L. GAIR, CITY CLERK BIB] 37970-U01 ORD-U02 951-U02 LI2-U03 FO4404-U03 FO33426-U03 DO33454-U03 C5-U03 ORDINANCES-U03 12/11/2003-U04 ROBIN-U04 ORD 951x ôÎÞmORDINANCE NO. 951 PAGE 3 I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was passed and approved as an urgency ordinance at a regular meeting of City Council of the City of Baldwin Park on the 20th day of August 1986, by the following vote: AYES COUNCILMEN KING, GIBSON, IZELL, MCNEILL AND MAYOR WHITE NOES COUNCILMEN NONE ABSENT: COUNCILMEN NONE t^^ C^ gi^_____ LINDA L.CiAiR, CITY CLERK BIB] 37970-U01 ORD-U02 951-U02 LI2-U03 FO4404-U03 FO33426-U03 DO33454-U03 C5-U03 ORDINANCES-U03 12/11/2003-U04 ROBIN-U04