CC RESOLUTION 3124rj
RESOLUTION NO. 12 _
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDOF CALIFORNIAr CALLING AND GIVING
NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON TUESDAY,
JUNE 8, 1982, FOR THE SUBMISSION TO THE
QUALIFIED ELECTORS OF SAID CITY AN ORDINANCE
RELATING TO THE PLACEMENT OF A MORATORIUM
ON THE ERECTION, CONSTRUCTION, ENLARGEMENT,
DEMOLITION OR CREATION OF COMMERCIAL OR
RESIDENTIAL BUILDINGS CONTAINING GREATER
THAN FOUR DWELLING UNITS, AND CONSOLIDATING
SAID ELECTION WITH THE STATEWIDE PRIMARY
ELECTION TO BE HELD ON SAID DATE.
WHEREAS, pursuant to the authority provided by statute,
a petition has been filed with the City Council of the City of
El Segundo signed by not less than fifteen per cent of the number
of qualified registered voters of said city for the purpose of
placing an initiative ordinance upon the ballot, to be submitted
to the qualified voters of said city; and
WHEREAS, the City Clerk of said city has duly examined
and,from the records of registration ascertained that the petition
is signed by the requisite number of voters, and has so certified;
and
WHEREAS, the City Council of said city is thereupon
authorized by statute to submit the ordinance to the qualified
voters:
NOW, THEREFOREr THE CITY COUNCIL OF THE CITY OF EL
SEGUNDOr CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINEr
AND ORDER AS FOLLOWS:
SECTION ONE. That pursuant to the requirements of
the laws of the State of California relating to General Law
Cities within said State, there shall be, and there is hereby
called and ordered held in the City of E1 Segundo, County of
Los Angeles, State of California, on Tuesday, the 8th day of
June, 1982, a special municipal election of the qualified electors
of said City for the purpose of submitting the following proposed
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ordinance, to wit:
"THE PEOPLE OF THE CITY OF EL SEGUNDO DO
ADOPT THE FOLLOWING ORDINANCE: AN ORDINANCE
TO PLACE A MORATORIUM ON THE ERECTION, CONSTRUC-
TION, ENLARGEMENT, DEMOLITION OR CREATION
OF COMMERCIAL OR RESIDENTIAL BUILDINGS CONTAIN-
ING GREATER THAN FOUR DWELLING UNITS.
"SECTION 1. FINDINGS AND PURPOSE
• "(a) The zoning, planning, building and associated
municipal functions of the City of El Segundo require a
comprehensive review to determine that continued development
is consistent with the public peace, health and safety of
the residents of the City of E1 Segundo.
"(b) Commercial and multiple unit residential develop-
ment in the City of El Segundo has not been studied or
controlled so as to take into account the effect of such
continued development upon the facilities and services
maintained and provided by the City of E1 Segundo.
"(c) The public peace, health and safety is threatened
by the granting of any additional commercial or multiple
unit residential development, if urgent action is not taken
to place a moritorium on development of commercial and multi
unit residential properties, irrevocable harm will be done
to the residents of the City of El Segundo through the
additional burdens which will be placed upon the services
and facilities of the City of El Segundo, and limited resources
of available land committed to development which is not
in the best interests of the residents of the City of El
Segundo.
"SECTION 2. MORATORIUM
• "(a) A moratorium is hereby placed upon the acceptance
by the City of El Segundo of any application for grading,
construction or development wherein the proposed development
would be barred by the terms of this ordinance.
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"gib) The Planning Commission and City Council of the
City of E1 Segundo is directed to deny any request for
extension of any tentative tract or parcel map inconsistent
with this ordinance.
"SECTION 3. SCOPE OF MORATORIUM
"�a) A moratorium is hereby placed upon the erection,
construction, enlargement, demolition, relocation or con-
version of any building or structure within the City of
El Segundo, or the grading or excavation for same, which
is other than the following:
1. Any residential building or structure con-
taining four or less dwelling units.
2. Any modifications to existing commercial
structures wherein the proposed modifications do not
increase the total usable square footage of the said
structure by greater than 10% of the existing square
footage.
"SECTION 4. EFFECTIVE DATE AND EXPIRATION
",a) This ordinance shall take effect on the fifteenth
day after its passage by the electorate and those results
are certified by the City Clerk of the City of El Segundo,
and shall remain in full force and effect for (1) a period
of two years thereafter, or (2) upon approval and passage
by the electorate of the City of E1 Segundo of a plan
providing defined limitations upon the development of the
City of E1 Segundo.
%b) Any building or structure which would be
prohibited by this ordinance shall be exempted from such
prohibition if 1) a valid building permit was issued by
the City of E1 Segundo for such construction prior to January
1, 1982, and (2) such building permit is still in full force
and effect at the time of the effective date of this ordinance,
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and (3) construction has actually commenced on said building
or structure prior to the effective date of this ordinance.
"(c) Actual commencement of construction shall be
defined as 'the pouring of the foundation of the building
or structure, as evidenced by the builder having called
for and had at least one inspection of such foundation by
the appropriate agency or department of the City of El
Segundo, prior to the effective date of this ordinance'.
"(d) Any demolition which would be prohibited by this
ordinance shall be exempted from such prohibition if !1)
a valid demolition permit was issued by the City of E1
Segundo for such demolition prior to January 1, 1982, and
(2) such permit is still in full force and effect at the
time of the effective date of this ordinance, and (3) demo-
lition has actually commenced on said building or structure
prior to the effective date of this ordinance.
"(e) Actual commencement of demolition shall be defined
as 'the actual physical demolition or removal of a portion
of the building or structure, as evidenced by the builder
having called for and had at least one inspection of such
demolition by the appropriate agency or department of the
City of El Segundo, prior to the effective date of this
ordinance'.
"SECTION 5. MORATORIUM ON PERMIT ISSUANCE
"(a) After the effective date of this ordinance no
permit for the demolition, construction or renovation of
any building or structure shall be issued for buildings
or structures of the type barred by the terms hereof.
"(b) Notwithstanding the above, the appropriate agency
of the City of E1 Segundo may, upon proper application,
issue Final Tract Map approvals during the term of this
ordinance.
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"tc) The appropriate agency of the City of El Segundo
shall issue stop work orders to any persons acting in violation
of the terms of this ordinance and in the event of noncompliance
with such stop work order shall pursue all remedies, both
civil and penal as provided by law.
"SECTION 6. VESTED RIGHTS PROCESS
"ta) Any party claiming exemption from the provisions
of this ordinance shall have the burden of substantiating
such claim.
"(b) Claims of exemption shall be determined as pro-
vided by this section.
"tc) Claims shall be filed upon a form approved by
the City Attorney of the City of El Segundo with the City
Clerk of the City of E1 Segundo, who shall maintain a supply
of said forms for the use of the general public. The City
Clerk of the City of E1 Segundo shall establish procedures
for the filing and handling of such claims.
"td) The claim shall be referred to the appropriate
agency of the City of E1 Segundo to investigate and prepare
a recommendation to the City of E1 Segundo as to the merits
of the claim.
"te) The City Council shall, within 30 days of the
filing of such claim, determine whether to grant, deny,
refer the claim for further investigation, or refer the
matter to a hearing examiner for the taking of such evidence
as the City Council may deem necessary to act upon the
claim.
"(f) A claim referred by the City Council to a hearing
examiner shall be decided by the City Council not later
than adjournment of the second regular City Council meeting
thereafter held, unless the City Council, upon a showing
and determination of good cause, extends such date. Should
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no action or decision be made by the City Council within
120 calendar days of the filing of said claim, said claim
shall be considered denied.
" {g) Final decisions of the City Council, either express
or implied, shall be reviewable by Writ of Mandate procedures
in the Los Angeles Superior Court pursuant to the provisions
of California Code of Civil Procedure Sections 1094.5 and
1094.6 or such successor provisions of the statutes of the
State of California which establish the procedures for
judicial review of the final administrative decisions of
local governmental agencies.
"(h) In order to be deemed exempt from the provisions
of this ordinance the claimant must prove, by a preponderance
of the evidence that the building, structure or demolition
is exempted by the provisions of Section 4, hereof.
"SECTION 7. PENALTIES
"(a) Violation of any provision of this ordinance shall
constitute a public nuisance which may be abated through
such provisions of statutory law as from time to time exist
and failure to comply with a valid stop work order issued
pursuant to the terms of this ordinance shall constitute
a violation of this ordinance and shall be punished as a
misdemeanor by a fine of not more than $500.00 or by impri-
sonment in the county jail for a period not exceeding six
months or by both.
"SECTION 8. INCONSISTENT PROVISIONS
"ta) Any provision of the Municipal Code of the City
of El Segundo which is inconsistent with the provisions
of this ordinance, to the extent of such inconsistencies,
and no further, shall be superceeded by the terms hereof
during the term of this ordinance.
"SECTION 9. SEVERABILITY
S'�
"(a) If any portion of this ordinance is for any reason
held to be invalid or unenforcable by a final decision of
any court of competent jurisdiction, such decision shall
not effect the validity of the remaining portions of the
ordinance.
"(b) The people of the City of E1 Segundo hereby declare
they would have approved this ordinance regardless of whether
any portion hereof may be subsequently determined to be
invalid or unenforcable.
"SECTION 10. EXECUTION
"(a) Upon certification that this ordinance has been
adopted by the electorate of the City of El Segundo the
Mayor shall sign and the City Clerk shall attest to the
passage and shall cause the same to be published in a news-
paper of general circulation not later than the fifteenth
day after its adoption."
SECTION TWO. That the ballots to be used at said election
shall be, both as to form and matter contained therein, such
as may be required by law to be used thereat.
SECTION THREE. That the polls for said election shall
be opened at seven o'clock A.M. of the day of said election and
shall remain open continuously from said time until eight o'clock
P.M. of the same day, when said polls shall be closed, except
as provided in Section 14301 of the Elections Code of the State
of California.
SECTION FOUR. That on the ballots to be used at said
special municipal election, in addition to any other matters
required by law, there shall be printed substantially the following:
....... ............................... ................
Shall an ordinance placing a moratorium on the ; YES
erection, construction, enlargement, demolition
or creation of commercial or residential build- .
.............
ings containing greater than four dwelling units .
be adopted?
NO
......................... ..................:............
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SECTION FIVE. That a cross ( +) placed in the voting
square after the word "YES" in the manner hereinbefore provided
shall be counted in favor of the adoption of the proposition.
A cross t +) placed in the voting square after the word "NO" in
the manner hereinbefore provided shall be counted against the
adoption of the proposition.
SECTION SIX. That the special municipal election
hereby called for the date hereinbefore specified shall be and
is hereby ordered consolidated with the statewide primary election
to be held on said date, and within said city the precincts,
polling places and officers of election for the special muracipal
election hereby called shall be in the same as those provided
for said statewide primary election. The Board of Supervisors
of Los Angeles County is hereby requested to order the consolidation
of the special municipal election hereby called with said statewide
primary election, and that the Registrar- Recorder of the County
of Los Angeles is hereby authorized to canvass the returns of
said special municipal election, and said elections shall be
held in all respects as if there were only one election, and
only one form of ballot, namely, the ballots used at said primary
election, shall be used. Said Registrar- recorder shall certify
the results of the canvass of the returns of said special muni-
cipal election to the City Council of said city which shall
thereafter declare the results thereof. A proposition submitted
by this resolution shall be designated on the ballot by a letter
printed on the left margin of the square containing the description
of the measure, as provided in Section 10219 of the Elections
Code.
SECTION SEVEN. That notice of the time and place of
holding said election is hereby given and the City Clerk is
hereby authorized, instructed and directed to give such further
or additional notice of said election in time, form and manner
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• as required by law.
SECTION EIGHT. That the City Clerk shall certify to
the passage and adoption of this Resolution; shall enter the
same in the book of original Resolutions of said City; and shall
make a minute of the passage and adoption thereof in the records
of the proceedings of the City Council of said City, in the
minutes of the meeting at which the same is passed and adopted.
SECTION NINE. That this Resolution shall take effect
immediately.
PASSED, APPROVED AND ADOPTED this 2nd day of
March , 19 82.
ATTEST:
( SEAL )
r1
City Clerk
a i4, VL'
Mayor of the City of E1 Segundo,
California
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF EL SEGUNDO )
I. Valeire A. Burrowes
SS
City Clerk of the
City of E1 Segundo, California, DO HEREBY CERTIFY that the
whole number of members of the City Council of the said City is
five; that the foregoing resolution, being Resolution No. 3124
was duly passed and adopted by the said City Council, approved
and signed by the Mayor of said City, and attested by the City
Clerk of said City, all at a regular meeting of the said Council
held on the 2nd day of March -,19 82
and that the same was so passed and adopted by the following vote:
AYES: Councilmen Armstrong, Bue, Johnson,
Siadek, and Mayor Van Vranken
NOES: Councilmen None
ABSENT: Councilmen None
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID
CITY this 2nd day of March
•
( SEAL)
19 82
City Clerk of the City of El Segundo,
California