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Home My WebLink About502f ORDINANCE NO. 502 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING AN EXTENSION OF INTERIM ZONING REGULATIONS (TEN MONTHS AND FIFTEEN DAYS) PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE § 65858(A), MAKING FINDINGS IN SUPPORT THEREOF, AND EXEMPTING CERTAIN PRIOR -APPROVED PROJECTS AS MORE SPECIFICALLY IDENTIFIED HEREIN. A. Recitals. (i) Heretofore, the City Council of the City of Irwindale adopted its Title 17 setting forth the applicable planning and zoning regulations for the City of Irwindale. (Hereinafter said Title 17 shall be referred to as the "Zoning Ordinance.") eo"�, (ii) City staff has recently commenced an examination of the existing Zoning Ordinance as the same pertains to existing and potential development affecting the City of Irwindale. Such examination has revealed that there are areas within the City which do not provide a stable transition of densities and/or uses and may be incompatible, both internally and with adjacent zones and uses. (iii) Recent applications for outdoor advertising structures/billboards under Chapter 17.72 of the Zoning Ordinance required analysis of the proper land use restrictions, conditions and requirements for such uses. Said analysis reveals that such uses are, or may be, permitted in the City without proper land use controls, thereby creating the potential for an overconcentration of such uses, together with visual blight. (iv) In recognition of the need for effective long-range planning criteria, the City Council has directed staff of the City to study and formulate amendments to the Zoning Ordinance to assure adequate local review of, development standards for, and appropriate permitted areas within the City, pending the adoption of modifications to i^' zoning and development criteria, for such uses. LQRWIMBILBDEXTU 6.6 W (v) The granting of land use approvals and/or building permits for such proposed land uses may not conform to the General Plan or development approval scheme and would contradict the specific purposes of such Zoning Ordinance amendments as related to consistency with the General Plan. Moreover, pending the completion of such amendments, it is foreseeable that further development or land use proposals for property will be sought or submitted which would contradict the ultimate goals of the proposed Zoning Ordinance amendments and the adopted General Plan. (vi) This Council is concerned about the creation of orderly and balanced development within the City. Accordingly, to protect the integrity of the General Plan and to assure the continued development stability of properties within the City, this Council fords it is necessary to establish interim zoning policies to allow City staff the time necessary to investigate and formulate the above -referenced Zoning Ordinance amendments. i^' (vii) The City Council has caused a report to be prepared and issued, in conformance with California Government Code § 65858(d), which report describes the measures taken to alleviate the conditions which the interim zoning addresses. (viii) In response to the concerns identified in the foregoing, the City Council, pursuant to California Government Code § 65858(a) adopted an interim ordinance effective for forty-five days commencing November 16, 1995. The City Council desires to extend such ordinance for the ten-month fifteen -day term permitted by law to accomplish necessary studies as discussed in the report issued in regard to the land use issue as identified. occurred. (ix) All legal prerequisites prior to the adoption of this Ordinance have 6.6 2 P"* B. Ordinance. THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. Section 2. The City Council further finds as follows: a. The City has adopted a General Plan for development in the City. The ultimate goal of the General Plan is to provide a balanced and unified plan of development within the City and protect the economic, social and cultural welfare of persons and properties within the City. The current Zoning Ordinance does not provide sufficient standards for City staff, Planning Commission or City Council to recommend upon or review applications for the approval, or determination, of appropriate land use regulations pertaining to outdoor advertising structures/billboards as specified in Chapter t� 17.72 of the Zoning Ordinance ("such land uses" hereinafter). b. The present recommendation or approval of such land uses may contradict the ultimate goals and objectives of the General Plan and would not be subject to adequate local regulation and/or review under the current provisions of the Zoning Ordinance. c. The approval of such land uses under the current provisions of the Zoning Ordinance would result in an immediate threat to the public health, safety or welfare of persons and property within the City of Irwindale. Section 3. Any and all land uses encompassed within the provisions of Chapter 17.72 of the Zoning Ordinance shall be, and the same hereby are, prohibited, in their entirety, in all zones within the City of Irwindale and no application for any such land use shall be accepted by the City or processed or acted upon. Notwithstanding the foregoing, any person having received final approval of a conditional use permit by the Irwindale Planning Commission on or before September 8, 1995, may proceed with the LVRW MBILBDEXTV 6.6 exercise of the privilege granted thereby, in accordance with the terms and conditions thereof, and shall be exempt from the provisions of this Ordinance. Section 4. The Report attached hereto as Exhibit "A" is adopted and ratified by the City Council as a full and complete description of the actions undertaken in furtherance of alleviating the Zoning Ordinance deficiencies necessitating the interim zoning standards adopted herein. Section 5. This Ordinance is enacted under the authority of California Government Code § 65858(a) and shall be of no further force and effect after November 16, 1996, unless the City Council has extended this Ordinance in the manner as provided in said § 65858(a). Section 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this 14th day of December 1995. Mayor I, DAVID A. CARETTO, City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance was introduced and passed at a regular meeting of the City Council of the City of Irwindale held on the 14 th day of December 1995, by the following vote: AYES: COUNCIL MEMBERS: Tapia, Joseph, Miranda, Pat and Mayor Miranda, Julian A. NOES: COUNCIL MEMBERS: Breceda, Jacquelyn and Mayor Pro ABSENT: COUNCIL MEMBERS: Tem Chavez, Raymond None ABSTAINED: COUNCIL MEMBERS: None ATTEST: David A. azet o, I y er c o the City of Irwindale LHRWIMBILBDEM 6.6 EXHIBIT "A" TEN-DAY REPORT REGARDING ACTIONS IN FURTHERANCE OF ADDRESSING THE FACTORS SUPPORTING THE INTERIM ZONING ORDINANCE REGULATING OFFSITE ADVERTISING STRUCTURES/BILLBOARDS. At a duly noticed meeting held on November 16, 1995, the City Council of the City of Irwindale adopted a forty-five day interim ordinance which precluded the implementation of any new offsite advertising structures/billboards pending a planning and zoning study to determine the appropriate zone(s) and development standards for such uses. In furtherance of analyzing the issues identified and responded to by the City Council, the Planning Department of the City of Irwindale has undertaken the following actions: 1. The Department is compiling base map materials including the �.*. present zoning districts applicable to the City of Irwindale. Further, information regarding the General Plan of the City of Irwindale is being compiled for analysis in regard to the issues. 2. The Planning staff is preparing to acquire the necessary zoning and/or land use materials from surrounding jurisdictions to the extent it deems such is necessary to assist in its analysis of the issue. The Planning staff is working with the Office of the City Attorney to determine any and all legal constraints which may be applicable to the location of such uses in the City of Irwindale. 4. The Planning staff is initiating planning analysis to assist it in determining what characteristics, if any, should be applied to define the characteristics of a site and zone at which such uses may be permitted. LVRwIN'J3LBDEXA\I 6.6 eol�' W 5. The Planning staff is reviewing applicable issues with appropriate senior officials to determine any related issues, including, but not limited to development standards and criteria, landscaping, spatial and similar requirements, which should be necessarily studied as a comprehensive land use analysis in conjunction with the subject issue. The foregoing represents the actions initiated by the Planning staff in regard to the direction of the Council. Given the scope of such undertakings in furtherance of the land use analysis, it is not possible to have completed the same on a date forty-five days after the City Council's initial adoption of the interim zoning measure. LVRWIMBLBDEXAU 6.6