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HomeMy WebLinkAbout202ORDINANCE NO. 202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ENACTING AN INTERIM ZONING ORDINANCE PURSUANT TO SECTION 65858 OF THE GOVERNMENT CODE RELATING TO USES FOR WHICH A CONDITIONAL USE PERMIT IS REQUIRED. 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 it is necessary that the Planning Commission immediately commence a study to determine whether, as a part of the permanent zoning regulations of the City, a conditional use permit shall be required for establishements having an on sale license permitting the dispensing of alcoholic beverages; and (b) That it is necessary that to protect the public health, safety and welfare, that this ordinance be enacted as an urgency measure pursuant to the provision of Section 65858 of the Government Code so as to prevent the establishment of such uses without a conditional use permit, pending final determination by said Commission and this Council; and (c) That it is expected that the said matter can be completely studied and a final determination made within the next several months from the date of the adoption of this ordinance; and (d) That if this ordinance is not adopted as an urgency measure, construction and maintenance of such uses, as hereinabove described, can be commenced and will render the study herein proposed of no practical effect. SECTION 2. That notwithstanding the provisions of the Irwindale,Municipal Code, or any other law, rule, regulation or resolution, no person shall commence, construction, operate or maintain any establishment of any type, whether in conjunction with other uses or not, which use allows or permits the dispens- ing of alcoholic beverages, without first obtaining a conditional use permit therefor in the manner prescribed in the Irwindale Municipal Code. SECTION 3. That this ordinance shall be, and remain, in full force and effect for a period of ninety (90) days from the date of its enactment. SECTION 4. That this ordinance shall become effective immediately as an urgency measure pursuant to the provisions of Section 65858 of the Government Code, for the reasons above set Ordinance No. 202 forth, and is adopted pursuant to the authority of Anderson v. Pleasant Hills, 229 A.C.A. 81; Metro Realty v. County of E1 Dorado, 222 A.C.A. 560; Hunter v. Adams, 180 C.A.2d 511; Los Angeles v. Superior Court, 221 A.C.A. 151; 44 A.G. Ops. 14; and Slater v. Los Angeles,,238 A.C.A 937. SECTION 5. That the City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted in the manner prescribed by law. PASSED AND APPROVED this 25th,day of,July; 1967 Mik6 Miranda, Mayor �L l✓, i. i " i /ii....E 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. 202was regularly introduced, adopted and passed at an adjourned regular, meeting of the City Council on the 25th day of July, 1967, by the following vote: AYES: COUNCILMEN: Breceda,'Diaz, Pat Miranda, Barbosa and Mike Miranda. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) ss. CITY OF IRWINDALE ) None. Mar901et S. Barbosa,City Clerk I, 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 years and competent to be witness herein. On July 28, 1967, she securely and conspicuously posted at each of the public places in said City, to wit: 1. Police Department; 2. Post Office on Calle del Norte; 3. At or near the door of the Council Chambers, a copy of Ordinance No. 202 of the City of Irwindale, being in all respects the same as that attached hereto and made a part hereof. Dated: July 28,1967 Marg et S. Barbosa, City Clerk 249