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HomeMy WebLinkAbout398219 ORDINANCE NO. 398 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ENACTING AN INTERIM ZONING OR- DINANCE PURSUANT TO THE PROVISIONS OF SECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE IM- POSING A MORATORIUM ON MECHANICAL DEVICES IN THE M-1 ZONES. 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 placement, location, and screening standards for Mechanical Devices in the M-1 Zones, as hereinafter described, in order to reduce unsightliness, dust, odor, etc. and related nuisances affecting adjacent properties of mechanical devices on the exterior of buildings. 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. 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 mechanical devices on exterior of buildings in the M-1 zones, 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 certificate of completion, certification or any other permits or licenses for mechanical devices, as hereinafter described, during the term of this ordinance. SECTION 5. Mechanical Devices is hereby defined as all mechanical, heating, air conditioning, refrigeration or similar devices, maintained and operated on the exterior of buildings located in the M-1 Zones. 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 Realty v. Co. of El Dorado, 222 CA 2d 50d; Hunter v. Adams, 180 CA 3d 511; 44 A. G. Ops. 14; Slater v. Los Angeles, 23 CA 3d 864; and other case law. SECTION 7. The City Clerk of the City of Irwindale shall certify to the passage and adoption of this ordinance and to its '�✓ approval by the Mayor and shall cause the same to be posted and published as required by law. PASSED, APPROVED and ADOPTED this 24th day of April, 1986. Jose S. Ca-�Sta. s, a er— ATTEST: 24/F_4441i _4/dJBiLieE_9t�_ Mdrgar/�t S. Barbosa, CMC City K erk/Treasurer 22-0 Ordinance No. 398 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF IRWINDALE I, Margaret S. Barbosa, City Clerk of the City of Irwindale do hereby certify that the foregoing Ordinance, being Ordinance No. 398, was introduced at a regular meeting held on April 24, 1986, and was duly passed, approved and adopted by said Council, approved an signed by the Mayor and attested by the City Clerk at a regular meeting held on the 24th day of April, 1986, by the following vote of the Council. AYES: COUNCILMEN: Breceda, Diaz, P. Miranda, Tapia and Mayor Castellanos NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None -- � Margar S. Barbosa, CMC ( City erk/Treasurer y