HomeMy WebLinkAbout455ORDINANCE NO. 455
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF IRWINDALE, CALIFORNIA, A CHARTER
CITY,ESTABLISHING INTERIM OPEN SPACE
REQUIREMENTS FOR PARCELS ZONED R-1 AND
DEVELOPED WITH SINGLE FAMILY DWELLINGS, TO
PRESERVE AND MAINTAIN THE PUBLIC'S HEALTH,
SAFETY AND WELFARE (IRWINDALE MUNICIPAL CODE
SECTION 17.16.080) AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals.
C
k
(i) The City Of Irwindale has been developed with and
Pursuant to various subdivision and zoning standards which
currently present a broad spectrum of parcel and dwelling unit
configurations. The current R-1 zoning district development
standards defining a parcel's on-site open space requirements do
not present any flexibility nor respond to the unique constraints
burdening parcels which are less than seven thousand (7,000)
square feet in area.
(ii) The City has experienced ongoing demand for
relief from the open space standard set forth in section
17.16.080 of the Irwindale City Code (five hundred (500) square
feet of area which is cumulative with the open space requirements
established pursuant to the yard area requirements of the R-1
zoning district) for property which has a parcel area less than
seven thousand (7,000) square feet. This demand has been
manifested by applications for variances and development
accomplished outside of the applicable development process.
(iii.) The City believes, that the best interests of the
citizens of the City Of Irwindale will be served by modifying the
on-site open space development standards to respond to the unique
circumstances presented by parcels of less than seven thousand
(7,000) square feet. Further, the Council has determined that
directing City staff to study the proposed interim standards, and
the application of the same, will be in the best interests of and
will assist in maintaining and preserving the health, safety and
welfare of the City and its residents.
cot
309
Ordinance No. 455
Page 2
(iv) The Council further determines that the immediate
imposition of such amended development standards will serve the
City's and its residents' best interests and will preserve and
maintain the health, safety and welfare by ensuring that
development occurs in conformance with appropriate City
standards. The Council desires to adopt these interim standards
and cause the immediate imposition of the same pursuant to the
authority established in California Government Code § 65858.
(v) All requirements and preconditions necessary for
the adoption of this interim ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of
Irwindale does ordain as follows:
Section 1: In all respects as set forth in Part A,
Recitals, hereinabove.
Section 2: City staff is directed to forthwith impose
and apply the amended open space development standards set forth
herein, within R-1 zoning districts, and to study and analyze
said development standards, and the appropriateness thereof, and
report their findings to this Council at the earliest possible
date. Further, staff's determination of the appropriateness of
the open space development standards as set forth herein may be
evidenced by the presentation to this Council of.an amendment to
the Irwindale City Code.
Section 3: The open space standards presently
established in Section 17.16.080 of the Irwindale City Code are
hereby suspended and the following interim development standards
adopted:
"In addition.to the yard area requirements set
forth in Section 17.16.070, each parcel shall be
required to maintain open space in conformance with the
standards set forth hereinafter.
310
Ordinance No. 455
Page 3
"A. All parcels with a gross parcel area of five
thousand (5,000) square feet or less shall maintain not
less than three hundred (300) square feet of open space.
Said open space requirement shall increase one (1)
square foot for every ten (10) square feet of additional
gross parcel area over five thousand (5,000) square
feet, up to a maximum of five hundred (500) square feet
of open space. No parcel shall be required to have open
space in excess of five hundred (500) square feet.
"B. All open space required by this section shall
be calculated at the parcel's average level finished
grade.
"C. All dwelling units"for which open space is
required shall have, and maintain, suitable access
thereto.
"D. Development details for open space.
"1. A maximum of fifty (50) percent of the
required open space may be covered by a cabana or other
roof, .second story or structure overhang.
112. A minimum of twenty-five (25) percent of
the required open space shall be improved with
landscaping or lawn, or otherwise surfaced or improved."
Section 4: This ordinance is enacted under the
authority of California Government Code § 65858(a) and shall be
of no further force and effect forty-five (45) days from the date
of the adoption of this ordinance unless the City Council has
extended this ordinance in the manner as provided in said
§ 65858(a).
Section 5: .This ordinance is hereby declared to be an
urgency measure pursuant to the terms of California Government
Code § 65858(a), and this ordinance shall take effect immediately
upon its adoption.
311
Ordinance No. 455
Page 4
Section 6: The City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be
published in the manner prescribed by law.
ADOPTED AND APPROVED this 24th day of September, 1992.
Mayor
I, Camille Diaz, Deputy, City Clerk of the City of
Irwindale, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the Council of the City of
Irwindale held on the 24th day of September , 1992, and
was finally passed at a regular meeting of the Council of the
City of Irwindale held on the. 24th day of September ,
1992, by the following vote:
AYES: COUNCIL MEMBERS: Miranda, J., Miranda, P., Breceda,
Barbosa and Diaz
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
rd"
ATTEST:
Deputy City Clerk of the City of
Irwindale