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ORDINANCE NO. 276
AN ORDINANCE OF THE CITY OF IRWINDALE
ENACTING AN INTERIM ZONING ORDINANCE
PURSUANT TO THE PROVISIONS OF SECTION
65858 OF THE CALIFORNIA GOVERNMENT
CODE RELATING TO A MORATORIUM ON THE
COMMERCIAL PRODUCTION, STORAGE OR USE
OF GASEOUS DERIVATIVES OR BY-PRODUCTS
OF RUBBISH DECOMPOSITION
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN:
SECTION 1. The City Council does hereby find and
determine that:
1) The production, storage or use for
commercial purposes of methane or other gaseous
derivatives or by-products of the decomposition
or chemical processing of rubbish heaps or dumps
is fraught with problems relating to hazard,
zoning classifications, environmental ramifications
and other matters relating to the public welfare;
and
2) The Planning Department and City Council
of this City have heretofore undertaken studies
to determine the appropriate conversion
requirements for such developments, in order to
prescribe necessary conditions to provide hazard
controls, safeguard against devaluation of
neighboring properties and to protect the public
welfare.
SECTION 2: The Council further finds that the processing
of such studies is contemplated within the next few months,
and that to permit further conversion of such uses prior to
the consummation of the Appropriate hearings thereon would in
large measure emasculate the benefits to be derived therefrom
and would be contrary to the best interests and general welfare
of the residents of this city.
SECTION 3. Pending completion of such studies, and
pursuant to the provisions of Section 65858 of the Government
Code, a moratorium is hereby imposed upon the production,
storage or use for commerical purposes of methane or other
similar gaseous derivatives or by-products of the decomposition
of rubbish and garbage dumps.
SECTION 4. All provisions of the Irwindale Municipal
Code inconsistent herewith are suspended during the term of
this Ordinance.
SECTION 5. This Ordinance shall expire upon the latest
date authorized by Section 65858 of the California Government
Code.
M1
Ordinance No. 276
SECTION 6. 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, 222 CA 2d 508; Hunter v. Adams, 180 CA 2d 511;
44 AG Ops 14; Slater V. Los Angeles, 238 CA 864; West Coast
Adv. v. San Francisco, 256 CA 2d 357; and Candlestick v.
San Francisco Bay Conservation and Development commission,
11 CA 3d 557. 11
SECTION 7. The City Clerk shall certify to the ! L�
adoption of this Ordinance and shall cause the same to be
processed in the manner prescribed by law.
APPROVED and ADOPTED this 27th day of June, 1974.
Michael Miranda, bNyor
ATTEST :aaitiZ—� z!!e%
Mar ret 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. 276, was introdtced as an urgency
ordinance at a regular meeting of the City Council of the
City of Irwindale, held on the 27th day of June, 1974, 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: Barbosa, Breceda, Chico, P. Miranda
and Mayor Michael Miranda
NOES: Councilmen: None
ABSENT: Councilmen: None
Ma aret S. Barbosa, City Clerk