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HomeMy WebLinkAboutORD 125 1990 0307ORDINANCE NO. 125 AN URGENCY ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, REPEALING INTERIM ORDINANCE NO. 117, WHICH IMPOSED, AND INTERIM ORDINANCE NO. 118, WHICH EXTENDED, A MORATORIUM ON THE DEVELOPMENT OF VACANT PROPERTY IN THE ONE - FAMILY RESIDENTIAL (R -1) AND RURAL EXCLUSIVE (R -E) ZONES WHEREAS, interim Ordinance No. 117 was adopted on November 16, 1989, as an urgency ordinance, and imposed a forty -five (45) day moratorium to prohibit the filing, issuance or approval of any land use entitlement for vacant R -1 and R -E zoned property until a comprehensive system for the compatible and orderly residential development of vacant property could be determined; and WHEREAS, interim Ordinance No. 118 was adopted on December 20, 1989, as an urgency ordinance to extend the moratorium an additional one hundred twenty (120) days; and WHEREAS, the moratorium is no longer required because the City Council has initiated an amendment to the City Zoning Code to require that a Residential Planned Development Permit be obtained for all residential development consisting of five (5) or more separate lots or dwelling units, regardless of the actual residential zone designation; and WHEREAS, there is evidence in the public record that the moratorium has resulted in financial hardship to property owners of existing residential lots who have not been able to obtain a building permit for a single - family residence; and WHEREAS, repeal of Ordinances Nos. 117 and 118 is now considered necessary for the immediate preservation of the public peace, health or safety to remove the restriction against issuance of building permits for designated R -1 and R -E zoned property and thereby avoid further impacts to the overall economic welfare of the citizens of Moorpark; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Ordinance No. 117 and Ordinance No. 118 are hereby repealed. Ordinance No. 125 Page 2 SECTION 2. That this ordinance shall be effective immediately upon adoption. 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 for the City of Moorpark, as defined in Section 6008 of the Government Code, and which is hereby designated for that purpose. PASSED AND ADOPTED this 7th day of March, 1990. ATTEST: City Clerk Mayor of th City of MooroArk, California PAUL W. LAWRASON, Jr. Mayor SCOTT MONTGOMERY Mayor Pro Tern ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M. PEREZ Councilmember LILLIAN KELLERMAN City Clerk STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) SS. STEVEN KUENY City Manager CHERYL J.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. 1 25 was adopted by the City Council of the City of Moorpark at a meeting held on the 7th day of March , 1990, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS BROWN, HARPER, MONTGOMERY, PEREZ AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 7th day of March , 1990. illian E. Keller an C i t' 799 Moorpark Avenue Moorpark, California 930 (805) 529 -6864