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ORDINANCE NO. 241
AN ORDINANCE OF THE CITY OF IRWINDALE
ENACTING AN INTERIM ZONING ORDINANCE
PURSUANT TO THE PROVISIONS OF SECTION
65858 OF THE CALIFORNIA GOVERNMENT CODE
IMPOSING A MORATORIUM OF 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
interference 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 large 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
August 20, 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.
Ordinance No. 241
Page 2
375
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.
PASSED and ADOPTED this 13th day of May, 1971.
Gcc,�
ichard Chico, Mayor
ATTEST
rga t 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. 241, was introduced as an urgency ordinance at a
regular adjourned meeting of the City Council of the City of
Irwindale, held on the 13th day of May, 1971, 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: Breceda, Mike Miranda, Pat Miranda
and Mayor Chico.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Diaz.
Marga
t S.
Barbosa, City
Clerk
of the
City
of Irwindale,
Calif.