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HomeMy WebLinkAboutORD 967ORD 967x ôÎÞ9ORDINANCE NO. 967 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IMPOSING A MORATORIUM ON CERTAIN REAL PROPERTY WITHIN THE CITY URGENCY MEASURE) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park does hereby find, determine and declare: a) That the City's staff has recommended to the City Council that studies be conducted, based upon changed circumstances, to determine to what extent the Land Use Element of the City's General Plan is in need of revision; whether the existing zone classification of properties in the City zoned R-G" or R-3" is appropriate and proper and lastly, whether the zoning regulations applicable to the R-G and R-3 zones are adequate and appropriate hereafter Studies"); and b) That this City Council has directed the staff to commence the Studies as expeditiously as possible; such direction included authorization to employ consultants to assist in the conduct of such Studies; and c) That the City Council has determined that it is necessary to impose a limited moratorium, as hereafter described, on the construction of any building" or structure" and/or the commencement of any use" on any lot" located in the City which is classified in zone R-G" or zone R-3", the quoted words shall be defined, for the purpose of this Ordinance, as is set forth in the City's Zoning Code) pending completion of the Studies by the staff and Planning Commission; and d) Staff has represented to the Council that applications have been made seeking plan review and building permits for developments on certain R-G and R-3 zoned Properties, which developments may be inconsistent with or frustrate the implementation of the Studies; and e) That if this limited moratorium is not adopted, the applications pending for plan review and building permits, representing 836 dwelling units, which represents and increase of 32 percent over the existing multiple family/condominium dwelling units now in existence in the City, such a dramatic increase could well cause an intolerable strain on existing public services and facilities, including, but not limited to, police and fire services, public streets, public storm drains, public sewers, and a wide range of services provided by the City to its residents and to persons residing in the immediate surrounding area of the City/- that such dramatic increase requires that the impact upon public services and public facilities be included in such 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; and g) That in order to prevent the frustration of such Studies, and the implementation thereof, the public interest, convenience, 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 BIB] 37970-U01 ORD-U02 967-U02 LI2-U03 FO4404-U03 FO33425-U03 DO33438-U03 C5-U03 ORDINANCES-U03 12/11/2003-U04 ROBIN-U04 ORD 967x ôÎÞ9h) 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 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 3. That except as otherwise expressly set forth in Sections 4, 5 and 6 of this Ordinance, notwithstanding any of the provisions of the Baldwin Park Municipal Code to the contrary, during such time as this Ordinance, or any lawful extension hereof is in full force and effect, no person shall construct or reconstruct any Building or Structure, or commence any new Use, on any real property which is classified in zone R-G or R--3; nor shall any officer or employee of the City issue any permit or any other entitlement for use for any Building, Structure or Use on any real property located in the City which is classified in zone R-G or in zone R-3 during such time as this Ordinance, or any lawful extension hereof, is in full force and effect. SECTION 4. That this Ordinance shall be effective from and after August 5, 1987; provided that the provisions of this Ordinance, notwithstanding any other provision hereof, shall not be deemed to prohibit any development, redevelopment, construction, reconstruction or use, 1) which has been authorized by an approved Disposition and Development Agreement entered into by the Baldwin Park Redevelopment Agency; and/or 2) which has been authorized by a Development Plan, approved pursuant to Section 17.30.010, et seq., of the Municipal Code; and/or 3) which has been authorized by a lawfully issued building permit; and/or 4) for which a building permit is required, if the work contemplated is estimated to be of a value less than $10,000; and/or 5) which is permitted by an approved zone variance or conditional use permit issued prior to August 5, 1987. SECTION 5. That the moratorium imposed by this Ordinance shall not be deemed to prevent the construction of a Building and/or a Structure, and/or the commencement of a Use, on any R-G or R-3 zoned lot if accomplished pursuant to the provisions of Chapter 17.30 shall be deemed permitted during such time as this Ordinance is in full force and effect, and thereafter, upon any lot located in the City which is classified in zone R-G or R-3, notwithstanding that such real property does not bear a PD" zone classification. SECTION 6. That the moratorium imposed by this Ordinance shall not be deemed to prevent the construction of a Building and/or a Structure, and/or the commencement of a Use, on any R-G or R-3 zoned lot for any of the uses permitted pursuant to Section 17.12.030 of the Baldwin Park Zoning Code, provided that a conditional use permit therefor is first obtained. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED AND APPROVED this August 5, 1987. 7^^ MA^OR BIB] 37970-U01 ORD-U02 967-U02 LI2-U03 FO4404-U03 FO33425-U03 DO33438-U03 C5-U03 ORDINANCES-U03 12/11/2003-U04 ROBIN-U04 ORD 967x ôÎÞ9 L^NDA L. GAI^CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of hereby certify that the foregoing approved as an urgency ordinance at a Council of the City of Baldwin Park following vote: the City of Baldwin Park, do Ordinance was passed and regular meeting of the City on August 5, 1987, by the AYES COUNCILMEN GIBSON, IZELL, J. MCNEILL, WHITE AND MAYOR KING NOES COUNCILMEN NONE ABSENT: COUNCILMEN NONE / y/ T^U ty^^-^ l^NDA L. G CITY CLERK BIB] 37970-U01 ORD-U02 967-U02 LI2-U03 FO4404-U03 FO33425-U03 DO33438-U03 C5-U03 ORDINANCES-U03 12/11/2003-U04 ROBIN-U04