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HomeMy WebLinkAbout221339 ORDINANCE NO. 221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE DECLARING AND ESTABLISHING A MORATORIUM ON BUILDING PERMITS ON CERTAIN PROPERTY PENDING THE RENDERING OF CERTAIN PLANNING AND ZONING DETERMINATIONS WITH RESPECT THERETO. THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: SECTION 1. That the City Council does hereby find, determine and declare as follows: (a) That certain real property, described as follows: Lot No. 2 of the Azusa Land and Water Co. Subdivision as recorded in Book 43, Page 94, of Miscellaneous Records, on file in the office of the County Recorder, County of Los Angeles was the subject of a special use permit, issued in 1948, which allowed a quarry -type operation thereon; and (b) That a.proceeding is presentlypending before the Planning Commission of`the City to revoke such permit, pursuant to applicable provisions of the Irwindale Municipal Code; and (c) That, in addition, there is pending before said Commission an additional proceeding, involving a similar quarry -type use relating to the same property; and (d) That the lessees of said property have requested certain building permits, with reference to said property, to allow the construction of structures, for use in quarry - type operations; and (e) That pending a matters, above referred building permits for any be inappropriate and not and finalization of such to, the issuance of such structure would in the public interest; (f) That the public interest, convenience and necessity requires the adoption of this Ordinance, establishing a moratorium upon the issuance of building permits to any building or structure for use in a quarry=type operation, upon the said real property, above described, during the term of this Ordinance; and 340 Ordinance No. 221 (g) That the City Council further finds that the Planning Commission will determine said matters within the next ninety (90) days, and to permit construction on said property prior to such determination could or would, in large measure, render moot the effect of decisions on such pending matters and would be.contrary to the best interests of the residents of this City. SECTION 2. That pending the determination of such matters, above described, and pursuant to applicable statutory and appellate authorities, a moratorium is hereby imposed upon the construction of all structures and building, relating to quarry -type uses, on the hereinabove described property; the provisions of the Irwindale Municipal Code authorizing any such construction are hereby suspended during the time that this Ordinance is in full force and effect. SECTION 3. That this Ordinance shall remain in effect for a period of ninety (90) days from and after the date hereof, and during said period the Building Inspector of this City, is directed to issue no building permits for any quarry -type or accessory building or structure, to allow the construction of any such building or structure to be located upon the parcel of property above described. SECTION 4. That this Ordinance shall become effective immediately, pursuant to the provisions of Section 65858 of the Government Code, and is adopted pursuant to the authority of Anderson v. Pleasant Hills, 229 ACA 81, Metro Realty v. Co. of E1 Dorado, 222 ACA 560, Hunter v. Adams, 180 CA2d 511, Los Angeles v. Superior Court, 221 ACA 15, and other statutory and appellate authorities. A statement of facts constituting its urgency is as above set forth., , SECTION 5. That the City Clerk of the City of Irwindale shall certify to the adoption of this Ordinance and shall cause the same to be posted in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this 16th day of July, 1968. ATTEST: City Clerk R Mike Miranda, Mayor Ordinance No. 221 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF IRWINDALE 7 I, Margaret S'. Barbosa, City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 221 was regularly introduced, adopted and passed at a regular meeting of the City Council on the 16th day of July, 1968, by the following vote: AYES: COUNCILMEN: Breceda, Chico, M. Miranda and Barbosa. NOES: COUNCILMEN: Pat Miranda. ABSENT: COUNCILMEN: None. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF IRWINDALE ) Mar ret S. Barbosa, City Clerk ss. I. Margaret S. Barhosa, 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, 1968, she securely and conspicuously posted at each of the three designated public places in said City. Dated: July 28, 1968 IW�Zr ret S. ..