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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