Loading...
Ordinance No. 114/ III ORDINANCE NO. 114 AN INTERIM ORDINANCE OF THE CITY OF CHINO HILLS, CALIFORNIA, ADOPTED ON AN URGENCY BASIS, IMPOSING A MORATORIUM ON CERTAIN RESIDENTIAL PROPERTY GENERAL PLAN AMENDMENTS WHEREAS, pursuant to Government Code Sections 36937 and 65858, a city council may adopt urgency ordinances; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and declares as follows: An initiative petition is being circulated within the City by a group known as "Save Our Canyons." The initiative, if it qualifies for an election and is passed by a majority vote, would prohibit General Plan Amendments which would result in increased residential density or which would re-zone property from non-residential zoning to residential zoning. The Council has ordered studies respecting the initiative, formed an ad hoc • committee to meet with the Save Our Canyons group, and based thereon, has stated its intent to call a special election for November 2, 1999, to allow the Chino Hills electorate the opportunity to vote on an amended version of the Save Our Canyons Initiative. Accordingly, processing applications for General Plan Amendments which have not yet been deemed complete would be in conflict with this General Plan ballot measure. Accordingly, continuing to process such Amendments could result in a direct adverse impact on the health, safety and welfare of the City. SECTION 2. In order to avoid potential conflicts with the General Plan proposals that are contemplated pursuant to Section 1 of this Ordinance, during the period of time that this Ordinance is in full force and effect, applications which have not been deemed complete as of the date of this Ordinance which would increase residential density or re- zone nonresidential zoning to residential zoning, shall not be processed by the City. SECTION 3. Pursuant to Government Code Sections 36937 and 65858, the City Council finds that there is an immediate threat to the public health, safety or welfare and that the approval of additional entitlements for use would result in that threat to public health, safety, or welfare, as would additional grading and building activity. The facts constituting such threat are set forth in Sections 1 and 2 of this Ordinance. • Inn Urgency Ord • SECTION 4. This Ordinance shall be effective immediately upon its adoption and shall expire and be of no further force and effect as of March 25, 1999, unless sooner extended after notice pursuant to Government Code Section 65090 and a public hearing. SECTION 5. 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 declares that it would have passed and adopted this Ordinance and each and every provision hereof, irrespective of the fact that any one or more of said sections, subsections, sentences, clauses,phrases or words may be declared invalid. SECTION 6. 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 the 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 hereof, cause the same to be published in the Chino Champion, a newspaper of general circulation, as defined in Government Code Section 6008, for the City of Chino Hills. PASSED AND ADOPTED this 9th day of February 1999. III CITY OF CHINO HILLS di I. GAR G. LARSON, MAYOR - ATTEST: c1 )A LINDA D. RUTH, CITY CLERK APPROVED AS TO FORM: M D. HENSL , CITY ATTORNEY II Init Urgency Ord 0 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO HILLS ) I, LINDA D. RUTH, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that foregoing Ordinance No. 114 was regularly introduced and adopted on an urgency basis on the 9th day of February, 1999, by the following vote: AYES: COUNCIL MEMBERS: LARSON, WICKMAN, GRAHAM, AND THALMAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NORTON-PERRY LINDA D. RUTH, CITY ERK • (SEAL) The foregoing is the original of Ordinance No. 114 duly passed and adopted by the Chino Hills City Council at their regular meeting held February 9, 1999. LINDA D. RUTH, CIT CLERK 0 (SEAL)