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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. ..