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HomeMy WebLinkAboutORD 229 1997 0403ORDINANCE NO. 229 AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTED AS AN URGENCY MEASURE, EXTENDING ORDINANCE NO. 224, IMPOSING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR NEW LAND USES FOR PROPERTY ON THE SOUTH SIDE OF LOS ANGELES AVENUE AND EAST SIDE OF SPRING ROAD, EAST OF AND ADJACENT TO THE PROPOSED DOWNTOWN SPECIFIC PLAN AREA THROUGH AUGUST 7,1997. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and declares that the City is presently in the process of developing a Specific Plan for the Downtown area and that during the period of time that the Ordinance No. 224 has been in effect consideration has been given to inclusion of certain parcels that are east of and adjacent to the boundaries of the proposed Downtown Specific Plan Area, given that said parcels are the major undeveloped or under developed land in the core area of the City not presently within the proposed Specific Plan Area and the purpose of the Downtown Specific Plan is to promote a comprehensive development scheme for the City's core area. SECTION 2. The City Council hereby directs the Community Development Department to amend the boundaries of the Downtown Specific Plan Area to include three vacant parcel (8 + acres) located on the northeast corner of Spring Road and Flinn Avenue and one (1) parcel located on Los Angeles Avenue, north of the railroad tracks currently used as a construction yard and assorted ancillary uses and to study the land use and zoning designations for said parcels as part of the process of developing a Specific plan for the Downtown Area. In connection with said study, the City Council contemplates consideration of adoption of the Downtown Specific Plan within a reasonable time. Development or redevelopment of said parcels in a manner inconsistent with the Downtown Specific Plan will jeopardize the economic viability of the Downtown Area and a Downtown Area that is not economically viable will have a detrimental effect on the ability of the City to finance governmental services. SECTION 3. For the period of time that this ordinance is in full force and effect, no application shall be accepted or approved for new land uses on the affected parcels (Assessors parcel numbers 512 -0- 171 -215, 512 -0- 171 -205, 512 -0- 171 -185, 512 -0 -160 -585) pursuant to Title 17 of the Moorpark Municipal Code, but not including two parcels previously included in Ordinance No. 224 (Assessors parcel numbers 512 -0- 160 -595 & 070). SECTION 4. Pursuant to Government Code Sections 36937 and 65858, the City Council hereby finds and declares this Ordinance to be an urgency ordinance, requiring the immediate enactment thereof, because there is a current and immediate threat to the public health, safety or welfare of the City and its citizens and the processing, approval and issuance of additional permits pursuant to Title 17, Zoning, of the Moorpark Municipal Code would result in that threat to public Ordinance No. Extension of Interim Ordinance No. 224 Page 2 health, safety or welfare. The facts constituting such urgency and threat are as set forth in Sections 1 and 2 of this Ordinance. SECTION 5. This Ordinance shall be effective immediately upon its adoption, and shall expire and be of no further force and effect as of August 8, 1997, unless sooner extended after notice pursuant to Government Code Section 65090 and a public hearing. SECTION 6. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a daily newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED by not less than a four -fifths vote of the City Council this third day of April, 1997. n ATTEST: r 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 229 was adopted by the City Council of the City of Moorpark at a meeting held on the 3rd day of APRIL , 1997, and that the same was adopted by the following vote: AYES. COUNCILMEMBERS EVANS, PEREZ, WOZNIAK AND MAYOR HUNTER NOES: COUNCILMEMBER TEASLEY ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 4th day of APRIL 1997. illian E. Hare City Clerk PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAK Mayor Mayor Pro Tom Coundmember CourrJImember Coundmember