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Ordinance No. 115 • ORDINANCE NO. 115 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, EXTENDING FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS A MORATORIUM ON CERTAIN RESIDENTIAL PROPERTY GENERAL PLAN AMENDMENTS THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and declares as follows: A. 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 the 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. B. On February 9, 1999, the City Council adopted Ordinance No. 114, an interim urgency ordinance under the provisions of Government Code sections 36937 and 65858, prohibiting the processing of applications for changes in the general plan to effectuate increases in residential density which have not been deemed complete as of February 9, 1999. This Ordinance also prohibits the processing of applications which would re-zone property from non-residential zoning to residential zoning. C. On March 9, 1999, the City Council conducted a duly noticed public hearing pursuant to the requirements of Government Code Section 65858 to consider the adoption of this Ordinance extending the interim restrictions imposed by Ordinance No. 114 and that at said public hearing all those desiring to provide written or oral testimony were provided the opportunity to do so and that the City Council considered all written and oral testimony prior to making a decision on this extension Ordinance. D. A report discussing the steps taken to date to alleviate the condition giving rise to the need for Ordinance No. 114 has been issued. E. The processing of applications for increases in residential density presents an immediate threat to the public health, safety or welfare as set forth in paragraph A, above and arising out of the impacts associated with additional grading and building activity precipitated by such increases in iiip density. SECTION 2. The interim restrictions enacted by the adoption of Ordinance No. 114 are hereby extended for a period• of ten (10) months and fifteen (15) days to February 9, 2000 and are incorporated by reference as though set forth fully herein. 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 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 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 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 Hills Champion, a newspaper of general circulation, as defined in Government Code Section 6008, for the City of Chino Hills. PASSED AND ADOPTED this 23rday of March, 1999. CITY OF CHINO HILLS GA G. LARSON, MAYOR • ATTEST: LINDA D. RUTH, CITY CLERK APPROVED AS TO FORM: A DAHS"`L Y, C`" ,ATTORNEY i _ . . s STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF CHINO HILLS ) I, LINDA D. RUTH, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that the foregoing Ordinance No. 115 was duly introduced at a regular meeting of the City Council of the City of Chino Hills held on the 9th day of March 1999, and adopted at a regular meeting held on the 23rd day of March 1999, with the following roll call, to wit: AYES: COUNCIL MEMBERS: LARSON, WICKMAN, GRAHAM, NORTON-PERRY, THALMAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE • C (t.;-.1-4-)60b59<thrit LINDA D. RUTH, CITY CLERK (SEAL) The foregoing is the original of Ordinance No. 115 duly passed and adopted by the Chino Hills City Council at their regular meeting held March 23, 1999. (SEAL) 9'44-r—i LINDA D. RUTH, CITY CLERK •