HomeMy WebLinkAboutCC ORD 1988-1959 Interim, urgency measure enacting a moratorium on the construction of small shopping centers and the expansion of existing ones (Special)ORDINANCE NO. /9.147
AN INTERIM ORDINANCE of THE CITY CF NATIONAL CITY,
ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858
AS AN URGENCY MEASURE ENACTING A MORATORIUM
ON THE CONSTRUCTION AND APPROVAL OF SMALL SHOPPING CENTERS
AND ON THE EXPANSION OF EXISTING SHOPPING CENTERS
WHEREAS, the City of National City has been experiencing a rapid
proliferation of shopping centers as defined in Section 18.04.596 of the
National City Municipal Code, many of which are less than five acres in area.
For the purposes of this Ordinance, shopping centers of less than five acres in
area shall be referred to as "small shopping centers"; and
WHEREAS, these small shopping centers have contributed to worsening traffic
congestion in National City and related traffic hazards; and
WHEREAS, several existing shopping centers are experiencing high vacancy
rates and turnover in occupancy, resulting in a blighting effect on surrounding
property and an atmosphere of instability; and
WHEREAS, several additional small shopping centers have been proposed; and
WHEREAS, existing land use controls do not adequately address the potential
adverse effects of small shopping centers; and
WHEREAS, the City Council finds that there is a current and immediate
threat to the public health, safety, and welfare by the continued proliferation
of small shopping centers, and that the continued issuance of building permits
and other entitlements for use for small shopping centers would result in a
threat to the public health, safety, and welfare; and
WHEREAS, the City Council finds it essential to protect the health, safety,
and welfare of the citizens of the City of National City to enact a moratorium
for a period of 45 days on the development or approval of small shopping
centers; and
WHEREAS, the City Council intends to adopt, after appropriate study, zoning
regulations governing small shopping centers throughout National City as soon as
practicable and directs the Planning Commission of this City to commence studies
and procedures necessary for the adoption of such regulations.
NOW THEREFORE, the City Council of National City does ordain as follows:
Section 1. For a period of 45 days from the effective date of this Ordinance, no
building permit nor entitlement for use shall be issued for and no construction
shall take place relating to a shopping center containing less than five acres
in area, and no building permit or entitlement for use shall be issued for and
no construction shall take place relating to the expansion of an existing
shopping center of any size.
Section 2. The City Council hereby directs the Planning Commission to commence
studies and procedures necessary for the adoption of regulations governing small
shopping centers, and for the expansion of existing shopping centers of any
size.
Section 3. This Ordinance shall not apply to projects where prior to the
effective date of this Ordinance, a building permit has been issued and
substantial physical work has begun in reliance on that permit.
Section 4. This Ordinance is adopted as an urgency ordinance necessary for the
immediate preservation of the public health, safety, and welfare within the
meaning of the Government Code and shall take effect immediately.
Passed and adopted this 23rd day of August, 1988.
GEORGE H. WATERS, MAYOR
ATIEST:
IONE CAMPBELL, CITY CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III - CITY ATTORNEY
Passed and adopted by the Council of the City of National City,
California, on 8._2_88 by the following vote, to -wit:
Ayes: Councilmen Cooper, Dalla, Pruitt, VanDeventer, Waters
Nays: Councilmen None
Absent: Councilmen None
Abstain: Councilmen
None
AUTHENTICATED BY: GEORGE H. WATERS
Mayor of the City of National City, California
City Clerk the City of Nati al City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was adopted on
August 23, 1988 , under the provisions of Secs. 65856
and 65858 of the Government Code.
I FURTHER CERTIFY that the reading of said ordinance in full was
dispensed with by a vote of not less than a majority of the mem-
bers elected to the Council.
IFURTHER CERTIFY that the above and foregoing is a full, true
and correct copy of Ordinance No. 1959 of the City of National
City, passed and adopted by the Council of said City on
August 23, 1988
_
- 7,-
-I E CAMPBELL
ity Clerk of the City of
National City, California