HomeMy WebLinkAbout547ORDINANCE NO. 547
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, CALIFORNIA FOR THE EXTENSION OF URGENCY
ORDINANCE NO. 544 AMENDING THE ZONING ORDINANCE TO
REDUCE THE TYPES OF YARD USES LISTED AS PERMITTED USES
AND ESTABLISHING INTERIM ZONING PROVISIONS IN THE
COMMERCIAL AND INDUSTRIAL ZONES PENDING COMPLETION
OF THE ZONING ORDINANCE ADOPTION PROCESS AND
DECLARING THE URGENCY THEREOF.
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, at a cost of some
$225,000.00, 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 salvaging, auto
impound yards, and recycled rubber storage; and
WHEREAS, the Irwindale Redevelopment Agency has spent millions of dollars cleaning
f up the contamination left behind by old yard uses; and
Ordinance No. 547
Page 1
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
development may be developed for unregulated yard uses before the General Plan amendment
and 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, 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.
WHEREAS, without the adoption of Ordinance No. 544, there is a substantial likelihood
that a number of yard use development projects could be submitted for approval before the
zoning ordinance can be amended, which could result in yard uses inconsistent with the proposed
zoning ordinance and proposed General Plan; and
WHEREAS, on December 9, 1999 the City adopted Ordinance No. 544 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 the zoning ordinance
amendment process; and
WHEREAS, pursuant to Government Code Section 65858, Ordinance No. 544 will
expire on January 23, 2000, 45 days after the date of its adoption; and
WHEREAS, on January 13, 2000 the City adopted this Ordinance No. 547 to extend the
initial 45 day moratorium by ten (10) months and fifteen (15) days on yard uses and to establish
interim zoning provisions in the commercial and industrial zones of the City of Irwindale
pending the completion of the zoning ordinance amendment process; and
WHEREAS, pursuant to Government Code Section 65858, Ordinance No. 547 will
expire on December 9, 2000, one (1) year after the date of its adoption; and
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.
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Ordinance No. 547
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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 to be removed as permitted uses 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.
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Any similar use not listed in this section but determined by the Director to be a
prohibited use.
(a) The uses listed in this subsection are to be listed as prohibited uses in the M-2 Zone:
17.56.020, 13 Rubber, reclaiming and storage yards.
17.56.020, 15 Outdoor storage or baling of rags, paper, iron or junk:
Junk yards
Salvage yards
Roll -off bin storage yards.
Storage of disabled vehicles and equipment not associated with a
permitted repair use.
(b) The uses listed in this subsection are authorized only in the M-2, Heavy Manufacturing
Zone, and require the approval of a conditional use permit:
17.56.010, 3
Asphalt plants,
17.56.010, 4
Batching plants,
17.56.010, 8
Brick, tile, cement block or terra cotta manufacture,
17.56.010, 9
Concrete and concrete products manufacture,
17.56.010, 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,
17.56.070
Automobile dismantling 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:
17.60.010, 1 Any use first permitted in the M-2 zone, subject to all of the
limitations and restrictions imposed by Chapter 17.56, except as expressly provided in
this chapter.
(d) 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, 3 Asphalt plants,
17.60.010, 4 Batching plants,
17.60.010, 6 Block, tile or specialty plants, using or processing crushed rock,
sand, gravel, decomposed granite of similar materials,
17.60.010, 7 Accessory uses; provided ....................... repair shop structures.
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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 supplies.
Any similar use not listed 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: Grandparent Clause. This Ordinance does not apply to the following:
(a) Projects which have 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 of no further force or effect ten (10) months and fifteen (15)
days from January 23, 2000 in accordance with Government Code § 65858, or December 9,
2000.
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PASSED, APPROVED AND ADOPTED on the 13th day of January 2000.
Patricio S. Mi anda, Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF IRWINDALE )
I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, California do hereby certify that
the foregoing Ordinance No. 547, was duly approved and adopted on an urgency basis by the
City Council at a regular meeting of said Council held on the of 13`x' day of January 2000, by the
following roll call vote:
AYES: Councilmembers: Almazan, Breceda, Tapia, Castellanos, Mayor Miranda
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
da J. Ki b o, Deputy City Clerk
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