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HomeMy WebLinkAboutORD 1287ORD 128779wT ×PÄG˜ö URGENCY ORDINANCE NO. 1287 AN INTERIM ORDINANCE OF THE CITY OF BALDWIN PARK DECLARING A MORATORIUM ON THE ESTABLISHMENT OF PROFESSIONAL, MEDICAL, AND DENTAL OFFICES, DRIVE-THRU ESTABLIHSMENTS, AND WATER STORES/KIOSKS WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND SUB-AREAS 2 & 3 OF THE SIERRA VISTA REDEVELOPMENT PROJECT AREA, AND DECLARING THE URGENCY THEREOF WHEREAS, following the updating of the General Plan of the City of Baldwin Park in November of 2002, the City Council directed the Planning Department to review the City's zoning code and zoning maps to assure that they are consistent with the revised General Plan Land Use Map and other provisions of the General Plan, as well as internally consistent, understandable, and in compliance with all applicable federal and state law; and WHEREAS, the Planning Department has undertaken the preliminary steps required for such work, including but not limited to the preparation of an Administrative Draft of the Zoning Code, and is actively proceeding with the studies required to implement the City Council's direction; and WHEREAS, an area of particular concern determined through the initial work undertaken by the Planning Department is that the City's current regulations do not have sufficient standards for establishing an urban village, pedestrian oriented downtown; and in that such uses, professional, medical & dental offices, drive-thru establishments, and water stores/kiosks may have a negative impact upon a future urban village, pedestrian oriented downtown. WHEREAS, the City has been and is studying the appropriate mechanisms to locate professional, medical and dental offices, drive-thru establishments, and water stores/kiosks within the Central Business District Redevelopment Project area and Sub-Areas 2 & 3 of the Sierra Vista Redevelopment Project Area Downtown'). The City Council anticipates that zoning proposals relating thereto will be brought forward for hearing by the Planning Commission and the City Council within a reasonable time. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: SECTION 1. The City Council hereby adopts each recital set forth above as a finding of the City Council. ORD 128779wT ×PÄG˜ö Urgency Ordinance 1287 Page 2 SECTION 2. The City Council further finds that the implementation of professional, medical and dental offices, drive-thru establishments and water stores/kiosks within the Downtown' in the absence of appropriate mechanisms, as permitted by law, to regulate such uses, including but not limited to locating such uses in areas where the secondary impacts of such uses will have the least effect, may be in conflict with contemplated zoning proposals, and that such potential conflict constitutes a current and immediate threat to the public health, safety or welfare. SECTION 3. Pursuant to Government Code 65858, the City Council hereby declares a moratorium on the development of all professional, medical, dental offices, drive-thru establishments, and water stores/kiosks, within the Central Business District Redevelopment Area and Sub-Areas 2 & 3 of the Sierra Vista Redevelopment Project Area and on the issuance of any permits, approvals, or entitlements for use for such development, including but not limited to subdivisions, use permits, variances, building permits, or any other applicable permit or entitlement for use which is required in order to comply with the City's zoning ordinances. The moratorium declared and established by this Section 4 shall remain in effect until the effective date of new zoning requirements for the development of such businesses are adopted by the City Council, or until 45 days after the date of enactment of this ordinance, whichever comes first. Said moratorium shall not apply to development of professional, medical and dental offices, drive-thru establishments, and water stores/kiosks for which building permits have been issued on or before the effective date of this ordinance. SECTION 4. This ordinance is an interim ordinance and shall take effect immediately. This is an interim ordinance adopted pursuant to Section 65858, subdivision a) of the Government Code and shall expire forty-five 45) days after the date hereof unless extended pursuant to the provisions of said section. SECTION 5. If any part or provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this ordinance are severable. APPROVED, PASSED AND ADOPTED this 5t' day of July, 2006. ANQ 1f0 MAY ORD 128779wT ×PÄG˜ö Urgency Ordinance 1287 Page 3 i ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES f ss. CITY OF BALDWIN PARK I, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1287 was adopted as an urgency matter at a regular meeting of the City Council held July 5, 2006, by the following vote of the Council: AYES: COUNCILMEMBERS: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Mayor Pro David J.Olivas and Mayor Manuel Lozano NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ROSEMARY M. UTIERREZ v CHIEF DEPUTY CITY CLERK BIB] 38960-U01 ORD-U02 1287-U02 LI2-U03 FO8535-U03 FO84123-U03 DO91906-U03 C5-U03 ORDINANCES-U03 8/31/2006-U04 ROBIN-U04