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
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�^ 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.
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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.
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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
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