HomeMy WebLinkAboutORD 1291ORD 129179wR ×P Ä Z˜ö URGENCY
ORDINANCE NO. 1291
AN INTERIM ORDINANCE OF THE CITY OF BALDWIN
PARK EXTENDING A MORATORIUM ON 1)
PROFESSIONAL, MEDICAL, AND DENTAL OFFICES, 2)
DRIVE-THRU ESTABLISHMENTS AND 3) WATER
STORES/KIOSKS ON ANY PROPERTY WITHIN THE
CENTRAL BUSINESS DISTRICT REDEVELOPMENT
PROJECT AREA AND SUB-AREAS 2 & 3 OF THE SIERRA
VISTA REDEVELOPMENT PROJECT AREA OF THE
BALDWIN PARK REDEVELOPMENT PLAN
WHEREAS, at City Council direction, the City has taken steps to the development of
a master plan for development of certain areas of the City, being the Central Business
District Redevelopment Project area and Sub-Areas 2 & 3 of the Sierra Vista
Redevelopment Project Area, a map of which is attached hereto as Exhibit A the
Downtown Area"), as an urban village with a pedestrian oriented environment, including
the development of a preliminary site plan reviewed by the City Council, and the
introduction of an ordinance to place an overlay zone on such areas to effectuate that
development; 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 assuring consistency of the urban village, pedestrian oriented
downtown with such uses as professional, medical & dental offices, drive-thru
establishments, and water stores/kiosks, and in response thereto, the City Council adopted
Ordinance No. 1287 placing a moratorium on the development of such uses; and
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 Downtown Area and has developed regulations set forth in the introduced
ordinance which would be violated by the development of such uses pending adoption and
the effective date of such ordinance;
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.
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 Area would be in conflict with contemplated zoning proposals, including but not
limited to the overlay zone ordinance which has been introduced, and that such potential
conflict constitutes a current and immediate threat to the public health, safety or welfare.
ORD 129179wR ×P Ä Z˜ö Urgency Ordinance 1291
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SECTION 3. Pursuant to Government Code 65858, the City Council hereby
extends the moratorium on the development of all professional, medical, dental offices,
drive-thru establishments, and water stores/kiosks, within the Downtown 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 3 shall
remain in effect until the Redevelopment Overlay ordinance becomes effective, or until ten
10) months and fifteen 15) 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 July 5, 2006.
SECTION 4. This ordinance is an interim ordinance adopted pursuant to
Government Code Section 65858, which shall take effect immediately.
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 X2' d gust, 2006.
MAYO
ORD 129179wR ×P Ä Z˜ö Urgency Ordinance 1291
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES 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 1291 was adopted as an urgency
matter at a regular meeting of the City Council held August 2, 2006, by the following vote of
the Council:
AYES: COUNCIL MEMBERS: Anthony J. Bejarano, Ricardo Pacheco, Mayor
Pro Tern David J. Olivas and Mayor Manuel
Lozano
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: Marlen Garcia
ABSTAIN: COUNCIL MEMBERS: NONE
ROSEMARY GUTIERREZ
CHIEF DEPUTY CITY CLERK
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