HomeMy WebLinkAboutORD 972ORD 972 pT3 (Ìì Þ * ORDINANCE NO. 972
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 deter-
mine 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 con-
struction 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 pur-
pose 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 City Council action, therein; and
d) Staff has represented to the Council that applications
have been made seeking plan review and building permits for develop-
ments 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 the City Council has heretofore adopted a limited
scope moratorium, by Ordinance No. 967; and
f) That if this limited moratorium is not extended, the
applications pending for plan review and building permits, representing
641 dwelling units, which represents and increase of 25 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, in-
cluding, but not limited to, police and fire services, public streets,
public storm drains, public sewers, and a wide range of services pro-
vided 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
g) 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
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ORD 972 pT3 (Ìì Þ * h) 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
i) That the City Council has determined that there is an
immediate threat to the public health, safety, welfare, interest,
convenience and necessity and that this threat 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 any
urgency measure, the basis for such current and immediate threat is as
above set forth.
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 construction 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 porperty located in the
City which is classified in zone R-G or in zone R-3 during such time as
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
September 16, 1987; provided that the provisions of this Ordinance,
notwithstanding any other provision hereof, shall not be deemed to pro-
hibit 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 per-
mit; and/or
4) for which a building permit is required, if the work contem-
plated is estimated to be of a value less than $10,000; and/or
5) which is permitted by an approved zone variance or condi-
tional use permit issued prior to September 16, 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.
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
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ORD 972 pT3 (Ìì Þ * 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 pre-
cribed by law.
PASSED AND APPROVED THIS SEPTEMBER 16, 1987.
MA?OR
ATTEST:
IINDA 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 was passed and approved as
an urgency ordinance at a regular meeting of the City Council of the
City of Baldwin Park on September 16, 1987, by the following vote:
AYES
NOES
ABSTAIN:
ABSENT
mTmnTT.MKMRF.R J. MCNEILL/WHITE/GIBSQN/IZELL AND MAYOR KING
MUMP.
NOMF.
NON^
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