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HomeMy WebLinkAboutORD 118 1989 1220ORDINANCE NO. 118 AN INTERIM ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, EXTENDING A MORATORIUM ON THE DEVELOPMENT OF VACANT PROPERTY IN THE R -1 AND R -E ZONES WHEREAS, by Ordinance No. 117, adopted November 15, 1989, the City Council of the City of Moorpark imposed a moratorium on the development of vacant property in the R -1 and R -E Zones for forty -five (45) days after the adoption thereof; and WHEREAS, for the period of time that Ordinance No. 117 is in full force and effect no application for any land use entitlement related to vacant property that is zoned R -1, R -E, or R -E -1 Acre shall be accepted for filing with, or issued or approved by, the City for all properties shown on Exhibit 1 of Ordinance 117, and by this reference made a part hereof. For purposes of this ordinance, land use entitlement means a general plan amendment, a zone change, a subdivision, or a building permit; and WHEREAS, Ordinance No. 117 directed the Planning Department to conduct a study relative to providing a comprehensive system for the compatible and orderly residential development of vacant property that is presently zoned R -1 or R -E; and WHEREAS, the City has been working diligently to complete said study; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 117 shall be extended from its expiration date of December 30, 1989, for an additional one hundred twenty (120) days, and shall expire on April 29, 1990, unless sooner extended after notice pursuant to Government Code Section 65090 and a public hearing. SECTION 2. 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 danger and threat to the public health, safety, or welfare of the City and its citizens. In addition, the City Council finds and declares that accepting for filing, issuing or approving any land-use entitlement for any vacant R -1, R -E, or R -F. 1 Acre zoned property would result in a threat to the public liealtli, safety or welfare. The facts constituting such urgency and threat are as set forth in Section 1 of Ordinance No. 117. SECTION 3. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared invalid. SECTION 4. The City Clerk shall certify to the passage of this ordinance by not less than a four- fifths vote of the City Council; 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 in the Moorpark News- Mirror, a weekly 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 this 20th day of December, 1989. Mayor of th ity of Moorpar California ATTEST: PAUL W. LAWRASON, Jr. Mayor SCOTT MONTGOMERY Mayor Pro Tem ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M.PEREZ Councilmember LILLIAN KELLERMAN City Clerk MOO'RPARK STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) STEVEN KUENY City Manager CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 118 was adopted by the City Council of the City of Moorpark at a meeting held on the 20th day of December following vote: , 1989, and that the same was adopted by the AYES: Councilmembers Harper, Perez, Montgomery and Mayor Lawrason NOES: Councilmember Brown ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 21st day of December 1989. illian E. Kellerm n City Cleric