HomeMy WebLinkAboutCC ORD 1988-1962 Interim, urgency measure enacting a moratorium on the construction of small shopping centers and the expansion of existing shopping centers (Special)ORDINANCE NO. 1962
AN INTERIM ORDINANCE OF THE CITY OF NATIONAL, CITY,
ADoprj ,U PURSUANT 'ID GOVERNMENT CODE SECTION 65858
AS AN URGENCY MEASURE ENACTING A MORA'IDRIUM
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 and the expansion of existing
shopping centers of all sizes 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 the expansion of shopping centers
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of all sizes; 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 the expansion of existing shopping centers of all
sizes, and, that the continued issuance of building permits and other
entitlements for use for small shopping centers and existing 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 10 months and 15 days on the development or approval of small
shopping centers and the expansion of existing shopping centers of all sizes;
and
WHEREAS, the City Council intends to adopt, after appropriate study, zoning
regulations governing small shopping centers and expansion of existing shopping
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centers of all sizes 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 10 months and 15 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
August 23, 1988, a building permit has been issued and substantial physical work
has begun in reliance on that permit.
Section 4
immediate
meaning of
. This Ordinance is adopted as an urgency ordinance necessary for the
preservation of the public health, safety, and welfare within the
the Government Code and shall take effect immediately.
If any portion of this Ordinance is found to be invalid, it is the
intention of the City Council that the remaining valid provisions of the
Ordinance be severed fran the invalid provisions and remain in full force and
effect.
Passed and adopted this 27th day of September, 1988.
Section 5.
GEORGE H. WATERS, MAYOR
AITEST:
/ONECAMPBELL, CITY CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III - CITY ATTORNEY
F. used and adopted
p by the Council of the
City of National City,
y'
Caiifornia, on
wing vote, to -wit:
Ayes: councilmen Cooper
Da11a, Pruitt, VanDeventer,
Waters
Nays: Councilmen 11°fle
Absent: Councilmen None
Abstain: Councilmen None
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National
City, California
City Clerk of the Ci
;_.. of Na onal City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing -�-�5 9 g ordinance was adopted on
and 65858 of the , under the provisions of Secs. 65856
Government Code.
I FURTHER CERTIFY that the reading of said
dispensed with by a vote of not less thanordinance in full was
bers elected to the Council. a majority of the mem-
I FURTHER CERTIFY that the above and fore
andand correct copy of Ordinance No. 1 62 going is a full
passed and adopted byof the true
the Council o f s City of National
-27-88said City on
-IONE CAMPBELL
City Clerk of the City of
National City, California