HomeMy WebLinkAbout614ORDINANCE NO. 614
AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF IRWINDALE, CALIFORNIA,
EXTENDING URGENCY INTERIM ORDINANCE NO. 613
FOR TEN MONTHS AND FIFTEEN DAYS TO COMPLETE STUDIES AND
PREPARE AN AMENDMENT TO THE CITY'S ZONING ORDINANCE RELATIVE TO
DEVELOPMENT REGULATIONS FOR 13025 LOS ANGELES STREET (APN NOS.
8535-020-802; 8535-020-803; 8535-020-804; AND 8535-020-805) AND
13131 LOS ANGELES STREET (APN NO. 8535-020-007)
WHEREAS, the City Council of the City of Irwindale ("City Council"), at its regular
meeting of April 11, 2007, and pursuant to Government Code Sections 65858, 36934
and 36937, adopted Interim Urgency Ordinance No. 613 establishing a moratorium (the
"Moratorium") on the granting of business licenses, occupancy permits, and building
permits for 13025 and 13131 Los Angeles Street pending the completion of an
amendment to the Zoning Ordinance; and
WHEREAS, staff will not be able to complete all of the required studies and
analyses and the preparation of the proposed amendment to the Zoning Ordinance
before June 24, 2007, the date that the 45 -day moratorium expires; and
WHEREAS, all of the findings cited in Interim Urgency Ordinance No. 613,
concerning the existence of an immediate and current threat to the public safety, health
and welfare still remain, due to the fact that the allowable uses in the M-2 zone may
discourage retail development and create a current and immediate threat to the public
health, safety or welfare because of the associated environmental impacts, such as
noise, air quality, heavy truck traffic, and building mass designs associated with
industrial type uses; and
WHEREAS, the City Council, acting through its planning staff, has issued the
written report required pursuant to Government Code Section 65858(d) describing the
measures taken to date to alleviate the conditions which led up to the adoption of
Interim Urgency Ordinances No. 613, which report is also incorporated herein by this
reference as if set forth in full; and
WHEREAS, pending completion of the tasks set forth in such report, the City
Council finds and determines that there is a need to extend Interim Urgency Ordinance
No. 613 for an additional time period of ten (10) months and fifteen (15) days (the
"Project") as authorized by Government Code Section 65858(a) to enable City staff to
further research and develop a revised ordinance that addresses the City's concerns,
which were the basis for the Moratorium, which research will include, but not be limited
to the following:
a. Initiated a survey of areas within the City to determine which sites are most
suitable for regional -serving retail commercial uses and make some preliminary
identification of sites within those areas that would be appropriate for such
businesses; and
Ordinance No. 614
Page 1
b. Initiated the conduct of a survey of other cities to learn about their regulatory
requirements concerning regional -serving retail commercial uses, and assess
their applicability to Irwindale.
WHEREAS, Government Code Sections 36937 and 65858 expressly authorizes
the City Council to adopt an ordinance prohibiting any uses which may be in conflict
with a contemplated general plan, specific plan or zoning ordinance which the City
Council, the Planning Commission or the Planning Department is considering studying
or intends to study within a reasonable period of time; and
WHEREAS, pursuant to the authority and criteria contained in the California
Environmental Quality Act ("CEQA") and the CEQA Guidelines, the City of Irwindale, as
the lead agency, has analyzed the Project and determined that there is no possibility
that the adoption of this Ordinance extending the Moratorium may have a significant
effect on the environment and, therefore, the adoption of this Ordinance is exempt from
the requirements of CEQA pursuant to the provisions of CEQA Guidelines Section
15061(b)(3); and
WHEREAS, subsequent to notice pursuant to Government Code Section 65090,
the City Council has conducted a public hearing on the extension proposed herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Irwindale finds that the above recitals
are true and correct.
SECTION 2. Continuing from and after the date of this Interim Ordinance, neither
the City Council nor the Planning Department shall grant business licenses, occupancy
permits, building permits, or the like, relating to 13025 and 13131 Los Angeles Street
pending completion of studies and related planning and zoning ordinances for the
establishment of a new zoning ordinance and development standards for these
properties.
SECTION 3. This Interim Ordinance shall not apply to any application for a
business license, occupancy permit, or building permit relating to 13025 and 13131 Los
Angeles Street where such application has, prior to April 11, 2007, been deemed
complete by City staff.
SECTION 4. This Interim Ordinance is enacted pursuant to the authority
conferred upon the City Council of the City of Irwindale by Government Code Sections
36937 and 65858, and shall be in full force and effect immediately upon its adoption by
a four-fifths (4/5) vote of the City Council as if and to the same extent that such
ordinance had been adopted pursuant to each of the individual sections set forth
hereinabove.
Ordinance No. 614
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SECTION 5. In adopting this Interim Ordinance extending Interim Urgency
Ordinance No. 613, the City Council finds and determines that each of the recitals
contained in this ordinance are true and correct, and that the adoption of this Interim
Ordinance is necessary to protect the public safety, health and welfare, as those terms
are defined in Government Code Section 65858(a), in at least the following respects:
a. Were the City Council or the Planning Department to grant a business
license, occupancy permit, building permit, or the like, relating to
development of 13025 and 13131 Los Angeles Street during the
pendency of General Plan update and the studies necessary to revise
the City's zoning ordinance relating to comprehensive and adequate
provisions in the Zoning Code and General Plan relating to regional -
serving retail commercial uses, such approvals could undermine the
orderly development of property within the City, resulting in a reduction
of the quality, caliber and aesthetics of the development of such
property; and
b. Were the City Council or the Planning Department to grant a business
license, occupancy permit, building permit, or the like, relating to 13025
and 13131 Los Angeles Street during the pendency of the General
Plan update and the studies necessary to revise the City's zoning
ordinance relating to 13025 and 13131 Los Angeles Street, such
approvals could undermine the orderly development of property within
the City, resulting in the inability of the City to assure that property is
developed to its highest and best use as allowed by law; and
c. Were the City Council or the Planning Department to grant a business
license, occupancy permit, building permit, or the like, relating to 13025
and 13131 Los Angeles Street during the pendency of the General
Plan update and the studies necessary to revise the City's zoning
ordinance relating to 13025 and 13131 Los Angeles Street, such
approvals could authorize development which is in violation of State
laws.
SECTION 6. This Interim Ordinance, unless duly extended, shall be of no further
force or effect ten (10) months and fifteen (15) days from and after the date of its
adoption.
PASSED, APPROVED, AND ADOPTED as an URGENCY ORDINANCE this
23rd day of May 2007.
TTEST:
r
a J. ro, CMC
Deputy City—Clerk
&- 1 24 � =- -
H. Manuel iz, Mayor
Ordinance No. 614
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STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, do hereby certify
that the foregoing Ordinance No. 614 was duly introduced and adopted at a regular
meeting of the Irwindale City Council held on the 23rd day of May 2007, by the following
vote of the Council:
AYES: Councilmembers: Breceda, Gomez, Miranda, Fuentes, Mayor Ortiz
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
R!, fn F
Lu J. Kimb ,
Deputy City Cler
AFFIDAVIT OF POSTING
I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 614 adopted by the City Council of the
City of Irwindale at its regular meeting held May 23, 2007, to be posted at the City Hall, Library, and Post Office on May 24, 2007.
C �
46puty
a J. Ki bro, C Dated: May 24, 2007
City CWk
Ordinance No. 614
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