HomeMy WebLinkAbout163ORDINANCE. NO. 163
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF IRWINDALE ADOPTING A TEMPORARY
INTERIM ZONING ORDINANCE PURSUANT TO
SECTION 65806 OF THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA., AND A STATEMENT
OF FACTS CONSTITUTING THE URGENCY OF
THIS ORDINANCE.
THE CITY COUNCIL OF TRE CITY OF IRWINDALE DOES ORDAIN AS
FOLLOWS:
SECTION 1. That attached hereto and incorporated herein
by this reference, marked Exhibit "A", is that certain document
entitled "An Ordinance of the City Council of the City of Irwindale,
Repealing Sections 9100 Through 9106 of the Irwindale Municipal
Code, and Adding Article X to said Code, Consisting of Sections
9300 Through 9504, Inclusive, Relating to Zoning Regulations",
which said document constitutes a proposed Comprehensive Zoning
Okdinance for the City of Irwindale.
SECTION 2. That said Exhibit "A" has heretofore been
considered by the Planning Commission of the City of Irwindale,
and by its Resolution No. 28, the same has been set for public
hearing to,determine whether. the adoption thereof as constituted,
or as amended, should be recommended for adoption by said Commission
as a Comprehensive Zoning Ordinance of the City of Irwindale.
Said public hearing is now set for May 6th, 1965, as set forth
in said Planning Commission Resolution.
SECTION 3. The City Council finds and determines that is
necessary to protect the public health, safety,and welfare that
this City enact as an urgency ordinance a prohibition against
all persons from violating the proposals set forth in Exhibit
"All,'all in the manner and means pursuant to Section 65806 of
the Government Code of the State of California.
SECTION 4. The City Coundil does hereby enact as a temporary
interim zoning ordinance, pursuant to Section 65806 of the Government
Code of the State of California, the provisions and regulations
set forth in said Exhibit "A" attached hereto.
SECTION 5. From and after the date of the adoption of this
Ordinance, no building or structure shall be erected, nor shall
any existing.building or structure be - relocated, reconstructed,
structurally altered., added to or enlarged, nor shall any permit
be issued for any of the foregoLng, as to any,lot or parcel of
property in the,property above described, except in conformity
to the provisions of said Exhibit "A", and all buildings and
uses not conforming thereto are prohibited. Excluded from such
prohibition, however, are all plans and applications for permits
filed with the Building.Department prior to 7:00 P. M., May 4,
1965. The City officials are instructed not to issue permits
inconsistent herewith.
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SECTION 6. That Ordinance Nos. 41, 43, 47, 64, 96, 100,
103, 116, 118, 121, and 153, the same being the interim zoning
ordinances heretofore adopted by the City Council of this City,
are hereby temporarily suspended during such time as this ordinance
remains in full force and effect; provided that Ordinance No.
161 heretofore adopted by the City Council shall remain in full
force and effect and shall not be deemed to be so suspended.
SECTION 7. This Ordinance shall remain in effect until
April 5, 1966.
SECTION 8. That this ordinance is -hereby declared to be
an urgency ordinance and shall take effect immediately. A
statement of facts constituting the urgency of this ordinance
is as follows:
(a) That since the incorporation of this City the zoning
regulations applicable therein have been adopted by urgency
ordinances, and there is some doubt as to the validity of
the same; and
(b) That if a judicial attack were made upon the said
zoning regulations now in effect in this City, and the said
attack were to be successful, based upon the passage of time
since the original adoption of said temporary interim ordinances,
the said City would be without any zoning regulations whatsoever
applicable to the uses of property within the said City; and
(c) That the Planning Commission of this City has here-
tofore commenced studies, and has now set for public hearing,
the question of whether Exhibit "A" attached hereto should
be adopted as the Comprehensive Zoning Ordinance for the City
of Irwindale; and
(d) That it is necessary and the City Council has the
jurisdiction, pursuant to Section 65806 of the Government
Code of the State of California, to adopt this said Ordinance,
together with Exhibit "A" attached hereto, in order to insure
that the said City will continue to have reasonable zoning
regulations applicable to the uses of property within the said
City; and
(e) That the public interest, convenience and necessity
require the adoption of this Ordinance as an urgency ordinance.
SECTION 9. PENALTY. Any person, firm or corporation
violating this Ordinance shall be guilty of a misdemeanor,
and upon conviction thereof shall be punishable by a fine
of not more than $500 or by imprisonment in the City or
County Jail for a period of not to exceed six months, or by
both such fine and imprisonment.
SECTION 10. That the City Clerk shall certify the adoption
of this Ordinance and cause the same to be posted in the manner
prescribed by law.
Ordinance No. 163
PASSED AND APPROVED this 4th day of May, 1965.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF IRWINDALE
I, Margaret S. Barbosa, City Clerk of the City of Irwindale
do hereby certify that the foregoing Ordinance No. 163 was
regularly introduced, adopted and passed at a Regular meeting
of the City Council on the 4th day of May, 1965, by the following
vote:
AYES: COUNCILMEN: Miranda, Martinez, Sulzer and Mayor
Diaz.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Breceda.
J'A
Marg,*et S. Barbosa, City Clerk
of the City of Irwindale,
California.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF IRWINDALE
MARGARET S. BARBOSA, being first duly sworn, deposes
and says:
That she is the duly appointed and City Clerk of the City
of Irwindale, California, and is and was at all times herein
mentioned a citizen of the United States over the age of
eighteen (18) years and competent to be witness herein.
On May 17, 1965, she securely and conspicuously posted
at each of the public places in said City, to wit:
1. 16034 Calle del Norte;
2. Post Office on Irwindale Avenue; and
153
J-54 Ordinance No. 163
3. At or near the door of the Council Chambers,
5050 North Irwindale Avenue.
a copy of Ordinance No. 163 of the City of Irwindale, being
in all respects the same as that attached hereto and made
a part hereof.
Dated: May 17, 1965.
M7r;F "et S. Barbosa, City Clerk
of the City of Irwindale,
California.-