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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. ko Ordinance No. 547 Page 2 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. Ordinance No. 547 Page 3 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. Ordinance No. 547 Page 4 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. Ordinance No. 547 Page 5 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 Ordinance No. 547 Page 6 rL