HomeMy WebLinkAbout662ORDINANCE NO. 662
AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF IRWINDALE, CALIFORNIA, TEMPORARILY
PROHIBITING THE ESTABLISHMENT OF NEW AUTOMOTIVE
DISMANTLING USES AND PROHIBITING THE EXTENSION,
MODIFICATION OR INTENSIFICATION OF EXISTING
AUTOMOTIVE DISMANTLING USES PENDING COMPLETION
OF STUDIES AND THE PREPARATION OF AN UPDATE TO
THE CITY'S ZONING CODE
WHEREAS, the City Council of the City of Irwindale ("City Council"), at its regular
meeting of July 25, 2012, and pursuant to Government Code Sections 65858, 36934
and 36937, adopted Interim Urgency Ordinance No. 661 establishing a moratorium (the
"Moratorium") on the granting of use permits or similar permits for automotive
dismantling uses pending the completion of an amendment to the Zoning Ordinance;
and
WHEREAS, staff will not be able to complete all of the required studies, analyses
and preparation of the proposed amendment to the Zoning Ordinance before
September 7, 2012, the date the 45-day moratorium expires; and
WHEREAS, all of the findings cited in the Interim Urgency Ordinance No. 661
concerning the existence of an immediate and current threat to the public safety, health
and welfare still remain, due to the fact that the current standards for establishment of
new or intensification of existing automobile dismantling uses are outdated and require
review and updating to appropriately address the impacts of automotive dismantling
uses, including those located in proximity to incompatible/sensitive land uses. Indeed,
during such time, the City has had to address significant incidents of code violations
caused or allowed to be maintained by some automotive dismantling operators and/or
property owners on Alpha Street; 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. 661, which report is provided concurrently with this
Resolution and 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. 661 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,
leading to the adoption of the Moratorium, which research will include, but not be limited
to the following:
Ordinance No. 662
Page 1
a. Survey the location and type of automobile dismantlers within the City to determine
appropriate performance standards;
b. Review the current performance standards in the IMC Section 17.56.070 and
conditions of approval for ZC/CUP 85-4;
c. Determine if the intent of the General Plan is congruent with this type of use;
d. Review historical documentation to help determine the short and long term goals
and intentions of automobile dismantling City-wide, specifically the properties
located on Alpha Street;
e. Research history regarding issues or concerns with automotive dismantling uses;
f. Research any past and/or present environmental violations with automotive
dismantling uses; and
g. Continue the collaborative effort with the existing operators in the City to procure
historical records and understand and address their questions and concerns.
WHEREAS, Government Code Sections 36937 and 65858 expressly authorize
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 Sections
15061(b)(3), 15262 and 15306; 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 any permits, or the like,
relating to automobile dismantling uses pending completion of studies and the
Ordinance No. 662
Page 2
establishment of a new zoning ordinance and performance standards for automobile
dismantling uses.
SECTION 3. 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.
SECTION 4. In adopting this Interim Ordinance extending Interim Urgency
Ordinance No. 661, 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 any permit, or the like,
relating to automobile dismantling uses during the pendency of the studies
necessary to revise the City's applicable zoning ordinance, 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 insofar as future code enforcement violations may continue as has been
experienced with many of such uses in the past; and
b. Were the City Council or the Planning Department to grant any permit, or the like,
relating to automobile dismantling uses during the pendency of the studies
necessary to revise the City's applicable zoning ordinance, 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 any permit, or the like,
relating to automobile dismantling uses during the pendency of the studies
necessary to revise the City's applicable zoning ordinance, 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.
SECTION 7. The City Clerk shall certify to the passage of this Interim Ordinance
and shall cause the same to be published and/or posted at the designated locations in
the City of Irwindale.
Ordinance No. 662
Page 3
ura M. Nieto, CMC
eputy City Clerk
Dated: August 27, 2012
Ordinance No. 662
Page 4
a M. Nieto, CMC
uty City Clerk
PASSED, APPROVED, and ADOPTED, this 22 nd day of August, 2012.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF IRWIN DALE
I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that
the foregoing Ordinance No. 662 was duly approved and adopted at a regular meeting
of the Irwindale City Council held on the 22" day of August, 2012 by the following vote
of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilrnembers:
Councilmembers:
Councilmembers:
Councilmembers:
Breceda, Ortiz, Miranda, Mayor Fuentes
None
Garcia
None
1.)
Lyiura M. Nieto, CMC
'---Deputy City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Deputy City Clerk, certify that I caused a copy of Ordinance No. 662, adopted by the
City Council of the City of Irwindale at its regular meeting held August 22, 2012, to be posted at the City
Hall, Library, and Post Office on August 27, 2012.