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HomeMy WebLinkAbout394213 ORDINANCE NO. 394 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 CALIFORNIA GOVERNMENT CODE IMPOSING A MORATORIUM ON NEW USES CLASSIFIED AS "HAZARDOUS USE". THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby find, determine and declare that the Planning Department has undertaken a study of procedures, development and performance standards for "Hazardous Use", as hereinafter described, in order to alleviate risk and related nuisances affecting adjacent properties as a result of operational and stockpiling activities. SECTION 2. The City Council finds further that the recommendation of the Planning Commission on this matter should be forthcoming within the next few months after having studied regulations of other cities and the availability of propert es for this use. SECTION 3. Pending completion of such studies and recommendation of the Planning Commission and pursuant to the provisions of Section 65858 of the Government Code, a moratorium is hereby imposed upon new "hazardous use", as hereinafter described, within the City, and any and all provisions of the Municipal Code authorizing such construction, or new use are hereby suspended. SECTION 4. This ordinance shall remain in effect for a period of 45 days and the Officials of the City are directed not to issue any building, occupancy or other permits or licenses for "hazardous use", as hereinafter described, or storage during the term of this ordinance. SECTION 5• "Hazardous Use" is hereby defined as any radioactive, explosive chemically reactive, toxic or other substance which may reasonably cause or hold the capacity to cause environmental impact or which i.s regarded as a controlled substance by state of federal regulation. in quantity and quality sufficient to be regarded as dangerous. 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 Hills, 229 CA 2d 508; Metro Realtyvs. Co. of El Dorado, 222 CA 2d 508; Hunter v. Adams, 180 CA 3d 5i1; A. G. Ops. 1 Slater v. Los Angeles, 23 CA 3d 864; and other cas law. SECTION 7. to the passage Mayor and shall by law. The City Clerk of the City of Irwindale shall certify and adoption of this ordinance and to its approval by the cause the same to be posted and published as required PASSED, APPROVED and ADOPTED this 27th day of February, 1986. Mayor Pat Mira a ATTEST: _ Marga r S. arbosa, City Clerk 224 Ordinance No. 394 I, Margaret S. Barbosa, City Clerk of the City of Irwindale, do hereby certify that the above Ordinance, being Ordinance No. 394, was introduced at a regular meeting held on January 23, 1986, and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested by the City Clerk at a regular adjourned meeting held on the 27th day of February, 1986, by the following vote of the Council. AYES: COUNCILMEN: Breceda, Castellanos, Michael Miranda, Tapia and Mayor Pat S. Miranda NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None = Margar t S. Barbosa, City Clerk /rr