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HomeMy Public PortalAboutOrd. 1332ORDINANCE NO. 1332 AN ORDINANCE OF THE CITY OF LYNWOOD EXTENDING, AS AN URGENCY MEASURE THE MORATORIUM ON CONSTRUCTION IN THE PUBLIC AND COMMUNITY FACILITIES ZONE, ALONG WITH THE IMPOSITION OF A REQUIREMENT FOR A CONDITIONAL USE PERMIT; PENDING COMPLETION OF A CONTEMPLATED ZONING ORDINANCE REVISION AND PROHIBITING THE ISSUANCE OF ANY BUILDING PERMITS IN VIOLATION THEREOF. SECTION 1. The City Council hereby finds that Ordinance No. 1315 concerning the above was introduced and adopted as an urgency measure on December 20, 1988 and extended on January 17, 1989 for an additional 10 months and 15 days; and on that date the council referred the matter to the Community Development Department for further study and evaluation in concurrence with the City's Zoning Ordinance revision. SECTION 2. The City Council further finds that pending the completion of a Zoning Ordinance revision by staff it is imperative to prevent any further development unless it is done through a Conditional Use Permit. SECTION 3. The City Council further finds that there is a current and immediate threat to the public health, safety and welfare as a result of allowing development in the Public and Community Facilites zone under the existing site plan review process and without a Conditional Use Permit. SECTION 4. The City Council has received a report and does hereby extend the moratorium established in Ordinance No. 1315 for an additional year including November 30, 1989. SECTION 5. This ordinance is an interim zoning ordinance enacted pursuant to Section 36934 and 65858 of the Government Code of the State of California, and in accordance therewith, shall be of no further force and effect one (1) year after the adoption of the ordinance unless, after notice pursuant to Section 65090, and public hearing, the City Council shall extend this ordinance in accordance with the terms and provisions of Section 65858 of the Government Code. SECTION 6. The City Council hereby finds, determines and declares the immediate preservation of the public health, safety, and welfare necessitate the enactment of this ordinance as an urgency ordinance. Said findings are as follows: 1. The provisions of the Lynwood Municipal Code regulating public and community facilities are outdated; and 2. City staff is informed that public entities continue to seek develop of such facilites in the City of Lynwood; and 3. Development of new public and community facilities can have permanent negative impacts on the surrounding neighborhoods should they be permitted under the current outdated regulations; and disk57:1315 1 4. A total prohibition on new public and community facilities is not necessary during the moratorium imposed by this ordinance, because the potential adverse impacts outlined above can be adequately controlled or mitigated through the Conditional Use Permit procedure; and SECTION 7. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or places. The City Council hereby adopted this ordinance, and subdivision, sentence, clause, irrespective of the fact that subsections, sentences, clauses, application thereof to any person or unconstitutional. declares that it would have each section, subsection, phrase, or portion thereof, any one or more sections, phrases, or portions, or the or place, be declared invalid First read at a regular meeting of the City Council of said City held on the 21st day of November 1988, and finally adopted and ordered published at a regular meeting of said Council held on the 21st day of November 1989, by the following vote: AYES: COUNCILMEMBERS HEINE, HENNING, MORRIS, WELLS NOES: NONE ABSENT: COUNCILMEMBER RICHARDS ABSTAIN: NONE PASSED, APPROVED AND ADOPTED THIS ___21st__ day of November, 1989 /~(/X~~ E LYN ~ WELLS, Mayor of the City of Lynwood, California disk57:1315 2 ATTEST: / 547,E >,~~4 0 ~ !7~ J~a-r~a~.~.~ ANDREA L. HOOPER, Cit Clerk of the City of Lynwood, California APPROVED AS TO FORM: APPROVED AS TO CONTENT: SA, City Attorney ~• Charles G. Gomez, City Manager disk57:1315