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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. 152 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.-