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ORDINANCE NO. 239
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF IRWINDALE ENACTING AN INTERIM
ZONING ORDINANCE PURSUANT TO THE
PROVISIONS OF SECTION 65858 OF THE CALIF-
ORNIA GOVERNMENT CODE IMPOSING A MORATORIUM
ON NEW USES RELATING TO, AND ON BUILDING
AND OCCUPANCY PERMITS FOR AUTO WRECKING
YARDS, AUTO SALVAGE YARDS, JUNK YARDS AND
OTHER SIMILAR USES PENDING PLANNING
COMMISSION STUDIES WITH RESPECT THERETO.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN:
SECTION 1. The City Council does hereby find and determine
that the Planning Department of this City has heretofore undertaken
in good faith studies to determine the appropriate zoning regulations
for auto wrecking yards, auto salvage yards, junk yards and other
similar uses in order to prescribe necessary regulations to assure
optimum development and to safeguard against devaluation and inter-
ference with the uses of neighboring properties.
SECTION 2. The City Council finds further that the
recommendations of the Planning Commission on such matters should be
forthcoming within the next few months, and that to permit construction
or new uses for auto wrecking yards, auto salvage yards, junk yards,
or similar uses prior to the consummation of said studies would in
Targe measure emasculate the benefits to be derived from such studies,
and would be contrary to the best interest and general welfare of the
residents of this City.
SECTION 3. Pending completion of such studies and the
recommendations of the Planning Department, and pursuant to the
provisions of Section 65858 of the Government Code, a moratorium is
hereby imposed upon the construction or new use of auto wrecking yards,
auto salvage yards, junk yards and other similar uses in the City of
Irwindale; and any and all provisions of the Irwindale Municipal Code
authorizing such construction or use are hereby suspended.
SECTION 4. This Ordinance shall remain in effect until
February 19, 1971, and the Building Official of this City is directed
not to issue any building or occupancy permit for an auto wrecking
yard, auto salvage yard, junk yard or other similar use during the
term of this Ordinance; nor during the term hereof shall any person
use any property in the City for a new or expanded auto wrecking yard,
auto salvage yard, junk yard or other similar use.
SECTION 5. This Ordinance shall become immediately
effective pursuant to the provisions of Section 65858 of the Government
Code and for the reasons above stated, and is adopted pursuant to the
authority of Anderson v. Pleasant Hills, 229 CA 2d 79; Metro Realty v.
Co. of E1 Dorado, 222 CA 2d 508; Hunter v. Adams, 180 CA 2d 511; 44
A.G. ops. 14; and Slater v. Los Angeles, 238 CA 2d 864.
SECTION 6. The City Clerk shall certify to the adoption
of this Ordinance and shall cause the same to be processed in the
manner prescribed by law.
X72
Ordinance No. 239
PASSED and APPROVED this 19th day of November, 1970.
Mike'Miranda, Mayor of the City of
Irwindale, California
ATTEST: dam/
Marg et S. Barbosa, 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, being
Ordinance No. 239, was introduced as an urgency ordinance at a
regular meeting of the City Council of the City of Irwindale, held
on the 19th day of November, 1970, and was duly passed, approved and
adopted by said Council, approved and signed by the Mayor and
attested by the City Clerk by the following vote of the Council:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Chico, Pat Miranda,
Breceda;
None.
Diaz and Mike Miranda;
Marga t S. Barbosa, City Clerk of the
City of Irwindale, California