HomeMy WebLinkAbout533^ ORDINANCE NO. 533
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF IRWINDALE, CALIFORNIA EXTENDING ORDINANCE NO. 532
AND RESTRICTING THE ISSUANCE OF DEVELOPMENT PERMITS
FOR YARD USES AND ESTABLISHING INTERIM ZONING
PROVISIONS IN THE COMMERCIAL AND INDUSTRIAL ZONES
PENDING COMPLETION OF GENERAL PLAN STUDIES.
WHEREAS, the City's General Plan was adopted on June 28, 1973 and has not been
updated aside from required updates to the Housing Element; and
WHEREAS, the City is undertaking a major review of its General Plan and has hired
consultants to undertake such review at an expense, including environmental, of some $130,000
to $150,000, which review will include all major elements of the General Plan, including the Land
Use Element; and
WHEREAS, yard uses are land uses, such as storage yards, that are conducted in open
yards, usually with minimal improvements to the property, restricting industrial and commercial
development by utilizing large land areas for storage purposes, creating visual blight and
contributing very little to the City's revenues and goals for future development; and
WHEREAS, most yard uses are currently listed as permitted uses in the Zoning
Ordinance and further unconstrained by acceptable development standards; and
WHEREAS, the City has approximately 345 acres currently devoted to yard uses and
only 327 acres of vacant land available for development, and the continued unregulated growth of
yard uses will result in the further reduction in land available for more desirable
industrial/commercial development; and
WHEREAS, the Planning Commission at their July 2, 1998, meeting conducted a
workshop regarding yard uses and concluded that the City needed to establish proper land use
regulations related to such uses; and
WHEREAS, over the last several months the City has continued to receive periodic
inquiries related to sites suitable for outdoor storage yards, including business dealing in refuse
container storage, green waste recycling/process, transportation yards, auto impound yards, and
recycled rubber storage; and
WHEREAS, the City Council finds that there is a current and immediate threat to the
public welfare because some of the remaining areas available for industrial and commercial
Alp"%, development may be developed for unregulated yard uses before the General Plan amendment and
E related zoning ordinance amendments can be adopted, and that approval of additional land use
entitlements for unregulated yard uses prior to such adoption would seriously jeopardize the
City's ability to attract and promote high quality industrial and commercial development; and
WHEREAS, on November 30, 1998 the City adopted Ordinance NO, 532 to place a 45
day moratorium on yard uses and to establish interim zoning provisions in the commercial and
industrial zones of the City of Irwindale pending the completion of a major General Plan review:
and
WHEREAS, pursuant to Government Code Section 65858, Ordinance No. 532 will
expire on January 14, 1999, 45 days after the date of its adoption; and
WHEREAS, without the extension of Ordinance No. 532, there is a substantial likelihood
that a number of yard use development projects could be submitted for approval before the
General Plan review is completed, which could result in yard uses inconsistent with the proposed
zoning ordinance and General Plan Amendments; and
WHEREAS, Government Code Section 65858 specifically authorizes the City Council to
adopt an urgency interim ordinance to prohibit any development or uses which may be in conflict
with a contemplated zoning proposal which the City is considering or studying or intends to study
within a reasonable time, subject to the procedural requirements and limitations set forth in that
statute.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: Moratorium. Except as provided herein, no applications for development permits
may be accepted for processing, processed, or approved, and no development permits may be
issued for any yard uses located within any area of the City until this Ordinance has expired or has
been repealed according to applicable law.
Section 2: Definitions.
(a) For the purposes of this Ordinance, "yard use" means any of the land uses in Section 3 of this
Ordinance or any similar outdoor land use proposed to be developed in an open yard or lot.
(b) For the purposes of this Ordinance, "development permits" means discretionary or ministerial
land use entitlements or permits issued by the City, including but not limited to conditional use
permits, grading permits, and building permits.
Section 3: Interim Zoning.
(a) The uses listed in this subsection are prohibited in all commercial zones and the M-1 Zone:
17.32.015, A. All outdoor storage of building and contractor supplies.
17.36.015, A. All outdoor storage of building and contractor supplies.
17.40.010, 5 Auto storage or dismantling.
17.40.010, 36 Off-street parking lots
17.40,015, A. All outdoor storage of building and contractor supplies.
17.44.015, A. All outdoor storage of building and contractor supplies.
17.48.010, 7 Automobile, truck and trailer, rental concerns.
17.48.015, A. All outdoor storage of building and contractor supplies.
17.52.010, 15 Building material storage yards.
17.52.010, 27 Contractor's storage yards.
17.52.010, 41 Feed and fuel yards.
17.52.010, 64 Lumberyards
17.52.010, 66 Machinery storage yards.
17.52.010, 78 Plumbing shops, supply, yards.
17.52.010, 91 Storage space for transit and transportation equipment, except
truck terminal.
Any similar use not listed in this section but determined by the Director to be a
prohibited use
(b) The uses fisted in this subsection are authorized only in the M-2, Heavy Manufacturing Zone,
and require the approval of a conditional use permit:
17.56.020, 23 Truck transportation yards.
17.56.020, B. ...or within an area enclosed on all sides with a solid, view -
obscuring wall not less than six feet in height, nor more than eight
feet in height,
l 7.56.070 Automobile dismantling yards, junk yards and salvage yards.
Any similar use not listed in this section but determined by the Director to be a
conditionally permitted use in the M-2 Zone.
(c) The uses listed in this subsection are authorized only in the Q, Quarry Zone, and require the
approval of a conditional use permit:
17.60.010, 7 Accessory uses; provided ....................... repair shop structures.
Any similar use not listed in this section but determined by the Director to be a
conditionally permitted use in the Q Zone.
(d) The uses listed in this subsection are excluded from all commercial zones and the M-1, Light
Manufacturing Zone:
17.80.030, I Dumps and commercial incinerators.
17.80.030, N Off-street parking for commercial or manufacturing uses on any R
zoned property.
17.80.030, V Refuse disposal.
17.80.030, AA All outdoor storage of building and contractor
Any similar use not fisted in this section but determined by the Director to be a use to
be excluded from the commercial zones and the M-1, Light Manufacturing Zone.
Section 4: Grandfather Clause. This Ordinance does not apply to the following:
(a) Projects which have [been filed for] [received] Development Review approval and have
received issuance of a certificate of compliance from the Redevelopment Agency as of the original
effective date of this ordinance.
(b) Projects listed in Section 3(b) or 3(c) for which an application for a conditional use permit has
been filed and which are located within the M-2, Heavy Manufacturing Zone or the Q, Quarry
Zone.
Section 5: Urgency. Based upon the facts, circumstances, and findings in the above -stated
recitals, which are incorporated herein, the City Council declares that the threat to the public
welfare is of an immediate and urgent nature which requires the immediate adoption of this
Ordinance on an urgency basis under the procedures established by Government Code § 65858.
Section 6: Time. Ordinance shall be ofno further force or effect ten (10) months and fifteen (15)
days from its date of adoption in accordance with Government Code § 65858, or November 29,
1999.
r4l,
PASSED, APPROVED AND ADOPTED on the 14th day of January, 1999.
ATTEST: je Im wG
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF IRWINDALE
SS
M R,G' OF INDALE
I, Robert Griego, City Clerk of the City of Irwindale, California do hereby certify that the
foregoing Ordinance No. 533, was duly introduced at a regular meeting of the City Council held
on the 10 day of January, 1999, and was duly approved and adopted by the City Council at a
regular meeting of said Council held on the of I e day of January, 1999, by the following roll call
vote:
AYES: Councilmembers Miranda, Castellanos, Chavez, Tapia
NOES: Councilmembers None
ABSENT: Councilmember Almazan
ABSTAIN: Councilmembers None
pL piles CITY CL , ClfY OF IRWINDALE