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ORDINANCE NO. 174
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF IRWINDALE IMPOSING CERTAIN ZONING
REGULATIONS PURSUANT TO SECTION 65806
OF THE GOVERNMENT CODE AND DECLARING THIS
ORDINANCE TO BE AN URGENCY ORDINANCE
WITHIN THE MEANING OF SAID SECTION.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN
AS FOLLOWS:
SECTION 1. That the City Council of the City of
Irwindale does hereby find, determine and declare as follows:
(a) That the Planning Commission of the
City of Irwindale has been conducting studies
and hearings with reference to a new comprehensive
zoning ordinance for said City, and
(b) That said studies and hearings are now
drawing to a conclusion, and the Commission has
recommended that the zoning regulations as imposed
by Ordinance No. 163 of this City Council,
as amended, be re-enacted and placed in full force
and effect for a 90 -day period from and after
the date of this Ordinance to allow this City
Council to conduct hearings thereon as required
by law; and
(c) That this Ordinance is hereby declared
to be an urgency ordinance to take effect immedi-
ately in order to continue in effect the zoning
regulations as such, within the said City.
Reference is hereby made to the Statement of
Facts contained in Ordinance No. 163, as amended,
of this City which also constitutes a part of
the Statement of Facts indicating the necessity
of this Ordinance as an urgency ordinance.
SECTION 2. That Sections 9300 through 9504, inclusive,
of the Irwindale Municipal Code as adopted by Ordinance No.
163, and as amended by Ordinance Nos. 167, 171, and 172, are
hereby re-enacted pursuant to the authority as granted by
Section 65806 of said Government Code; Section 9351 of said
Irwindale Municipal Code, is hereby amended to read as follows:
"9351. Revocation of Variances and
Conditional Use Permits. Upon recommendation by
the Director, the body which originally granted
the variance or conditional use permit, or in
the case of County permits, the Planning Commission,
shall conduct a hearing, noticed as provided in
Section 9345, to determine whether the variance
or conditional use permit, should be revoked.
Ordinance No. 174
If the Commission or Council finds any one of the
following facts to be present, it shall revoke
the variance or conditional use permit:
1. That the variance or permit was
obtained by fraud; or
2. That the use for which such approval
was granted has ceased to exist, or has
been suspended for a period of six (6)
consecutive months or more; or
3. That the permit or variance granted is
being, or has been, exercised contrary to
the terms and conditions of such &�Otoval
or in violation of any law; or
4. That the use for which the approval
was granted is being exercised so -as to
be detrimental to the public health or
safety, or as to constitute a nuisance.
If the Commission conducts the hearing,
the action taken by the Commission,
shall be subject to an appeal to the
City Council as hereinabove set forth.
The action of the Commisiion, in
the absence of any appeal, and/or the
action of the Council, shall be final
and conclusive."
Section 9353 of said Irwindale Municipal Code as
so adopted by Ordinance No. 163, is also hereby amended to
read as follows:
"9353. Modification. Any condition
imposed upon the granting of a variance or
conditional use permit may be modified or eliminated,
or new conditions may be added, provided that the
Commission or Council, whichever was the granting
body, or in the case of County permits, the
Planning Commission, shall first conduct public
hearings thereon, in the same manner aw'r64ui!ted
for the granting of the same. No such modification
shall be made unless the Commission or Council
finds that such modification is necessary to
protect the public interest, or, in case of deletion
of such a condition, that such action is necessary
to permit reasonable and compatible operation under
the variance or conditional use permit. An appeal
may be taken from a Commission decision regarding
modification in the same manner as set forth in
Section 9348 hereof. In the absence of such an
appeal, the Commission's determination shall be
final and conclusive."
SECTION 3. That this Ordinance shall take effect
immediately upon its adoption.
Ordinance No. 174
SECTION 4. That the City Clerk shall certify to the
adoption ofthis Ordinance and cause the same to be published
in the manner prescribed by law.
PASSED AND APPROVED this 21st day ojtDecember, 1965.
I
Mayor
ATTEST:
City� Clerk
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. 174 was regularly introduced, adopted and passed at a
regular meeting of the City Council on the 21st day of
December, 1965, by the following vote:
AYES: COUNCILMEN: Breceda, Miranda, Martinez,
Sulzer and Mayor Diaz.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
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) yaars and competent to be witness herein.
On December 23, 1965, she securely and conspictiously
posted at each of the public places in said City, to Wit:
181
4aea'4 X.—
e (ed'7'�
Clerk
Maroret
S.
Barbosa, City
of
the City
of Irwindale,
Calif.
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) yaars and competent to be witness herein.
On December 23, 1965, she securely and conspictiously
posted at each of the public places in said City, to Wit:
181
Ordinance No. 174
1. 16034 Calle del Norte;
2. Post Office on Irwindale Avenue; and
3. At or near the door of the Council Chambers,
5050 North Irwindale Avenue.
a copy of Ordinance No. 174 of the City of Irwindale, being
in all respects the same as that attached hereto and made a
part hereof.
Dated: December 23, 1965.
Maradret S. Barbosa, City Clerk
of le City of Irwindale, Calif.
Additional
Exhibit Map was too large to scan.