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HomeMy WebLinkAbout509NO. 509 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, FURTHER EXTENDING THE INTERIM DEVELOPMENT MORATORIUM FOR ESTABLISHMENT OF OUTDOOR ADVERTISING STRUCTURES/BILLBOARDS. WHEREAS, the City Council adopted Ordinance No. 499 on November 16, 1995, declaring a forty-five (45) day development moratorium that prohibits the establishment of outdoor advertising structures/billboards, as provided by Chapter 17.72 of the Irwindale Zoning Code; and WHEREAS, the City Council adopted Ordinance No. 502 on December 14, 1995, thereby extending the interim development moratorium for an additional ten (10) months and fifteen (15) days; and WHEREAS, if not further extended, Ordinance No. 499 shall be of no further force and effect; and WHEREAS, since the time of the passage of Ordinance No. 499, the City has undertaken, through its Planning Department, a planning and zoning study to determine the appropriate zone(s) and development standards for outdoor advertising structures/billboards; and WHEREAS, a report on such studies, and on the measures taken by the City to alleviate the condition which led to the adoption of the ordinance, to wit, the preliminary indications that areas within the City do not provide stable transitions of densities for and/or may be incompatible with outdoor advertising structures/ billboards, was prepared and presented to the City Council, a copy of which is attached hereto as Exhibit "A" (the "Report"); and WHEREAS, despite diligent efforts, the studies required to clarify which zones in the City are appropriate for the establishment of outdoor advertising structures/ billboards are not complete, and further study is required, as indicated in the Report; and WHEREAS, the City Council finds that the threat posed by areas within the City which do not provide stable transitions of densities for and/or may be incompatible with outdoor advertising structures/billboards constitutes a current and immediate threat to the public health, safety, and welfare, in that such land uses may contradict the ultimate goals and objectives of the City's Zoning Code and General Plan; and 561/099999-OD91/3038133.2 a12/10196 -1- �^ WHEREAS, the City Council finds that approval of applications for outdoor advertising structures/billboards under the City's Zoning Code would result in an immediate threat to the public health, safety, and welfare; and WHEREAS, the provisions of California Government Code Section 65858 permit a second extension of an interim moratorium ordinance for a period of one (1) year. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings and Declaration of Urgency. The City Council hereby finds and determines as follows: A. Preliminary indications are that areas within the City do not provide (stable transitions of densities] for and/or may be incompatible with outdoor advertising structures/billboards uses. B. The current Zoning Code, Chapter 17.72, does not provide sufficient standards or guidelines for the City to review applications for the determination and approval of appropriate land use regulations for outdoor advertising structures/billboards. C. Overconcentration and lack of control over the establishment of outdoor advertising structures/billboards can !"^ result in visual blight and have a negative impact on adjacent uses. D. The adoption of appropriate regulations and guidelines for the establishment of outdoor advertising structures/ billboards will serve to reduce the potential for negative impacts on the community. E. Failure to thoroughly study appropriate zoning and development criteria for the establishment of outdoor advertising structures/billboards will result in a substantial number of such uses being established within the City without controls needed to protect the public health, safety and general welfare. F. The approval of applications for the establishment of outdoor advertising structures/ billboards under the current provisions of the Zoning Code constitutes a current and immediate threat to the public health, safety and welfare of the City and its residents and the approval of use permits, grading permits, building permits and other development or use entitlements for the establishment of outdoor advertising structures/billboards within the City would constitute a current and immediate threat to the public health, safety and welfare. A 561/099999-0091/3038133.2 x12/10/% -2 G. The City has undertaken measures, as identified in the Report, designed to alleviate the condition which led to the adoption of Ordinance No. 499. H. Further extension of Ordinance No. 499 for an additional one (1) year is required to allow sufficient time to complete the studies called for under the ordinance, and to continue protecting the residents of and property located within the City from the threat to health, safety, and welfare herein identified. Advertisina Structures/Billboards. The moratorium enacted in Ordinance No. 499 is hereby extended for an additional period of one (1) year, whereby the City shall not accept for filing, review, process or approve any applications for any use permits, grading permits, building permits or other development or use entitlements for the establishment of outdoor advertising structures/ billboards, as provided for in Chapter 17.72 of the City's Zoning Code, within the City of Irwindale during the existence of this Ordinance. Section 3. Planning Studies. Among other things, the Planning Department has 1) reviewed the City's existing regulations for outdoor advertising structures/billboards, 2) completed an inventory of existing outdoor advertising structures/ billboards, and 3) initiated an analysis of appropriate development standards and criteria for outdoor advertising structures/ billboards. However, the Planning Department has not completed its review and analysis of this project. The Planning Department is hereby directed, utilizing appropriate staff, personnel and resources, to continue necessary studies, including undertaking all actions and conducting further studies, if needed, to determine what zoning regulations are appropriate to permit outdoor advertising structures/ billboards within certain zones of the City. Such studies shall be completed within the time period permitted by this moratorium. The City Attorney shall cooperate in undertaking this review and study by providing appropriate legal analysis of the regulatory standards and guidelines recommended. The Planning Department shall periodically report to the City Council on the status of this project as needed. Section 4. Urgency. Based upon the findings in Section 1, the City Council hereby declares this Ordinance to be an urgency interim measure enacted pursuant to the provisions of Section 65858 of the California Government Code. Section 5. Duration. This Ordinance shall be effective immediately upon adoption by a four-fifths (4/5) vote of the City Council and shall remain in effect for a period of one (1) year from the date hereof, or such shorter period as may be approved by ordinance adopted by the City Council. 5611099999A091/3038133.2 .12/10/96 -3- Section 6. Severability. It is the intention of the City Council that sections, subsections, clauses, and phrases of this Ordinance are severable, and if any portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance, and the City Council would have enacted such remainder without the portion found to be invalid or unconstitutional. Section 7. Publication. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this urgency ordinance, and shall cause the same to be posted and published as may be required by law. APPROVED AND ADOPTED THISllth r/AY O� December , 1996. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF IRWINDALE Mayor, City of SS I, TODD W. ARGOW, City Clerk of the City of Irwindale, California, do hereby certify that the foregoing Ordinance No. 509 was duly introduced, approved and adopted by the City Count of the City of Irwindale at a regular meeting of said Council held on the 11th day ofDecerybAA96, by the following roll call vote: AYES: COUNCIL MEMBERS: Julian Patricio Miranda, Mayor NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None A. Miranda, Jacquelyn Breceda, Pro Tem Joseph Tapia, Mayor Raymond Chavez P TODD W. GOW City Clerk City of Irwindale 561/099999-0091/3038133.2 &12/10/96 -4-