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HomeMy WebLinkAbout174179 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.