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HomeMy WebLinkAbout661ORDINANCE NO. 661 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 Irwindale Municipal Code ("IMC"), including the Irwindale Zoning Code, currently provides performance standards for automotive dismantling uses; and WHEREAS, automotive dismantlers are conditionally permitted Citywide in the M-2 (Heavy Manufacturing) zone, all active dismantling uses are currently located on Alpha Street, on the western side of the City of Irwindale ("City"), and are currently operating under ZC/CUP No. 85-4, which allowed them to operate for 25 years from the date each Grant Deed was recorded for each property on Alpha Street; and WHEREAS, over the next few years, the 25-year time period allotted for each property owner will begin to expire in staggered succession; and WHEREAS, the City staff has recently met with a representative of the Alpha Street automotive dismantlers owners regarding proposed applications for new conditional use permits ("CUPs") defined as permits granted by the Planning Commission to insure that the proposed use will be rendered compatible with other existing and permitted uses located in the general area of the proposed use and understands that the applicants' intent is to request an additional 25 years of operation for all automotive dismantling uses on Alpha Street; and WHEREAS, the City Council has determined that, in anticipation of the approaching CUP expiration dates under ZC/CUP No. 85-4, and the impending proposals for new long-term CUPs to extend the life of the existing automotive dismantling uses on Alpha Street, the City's current policies and zoning standards governing the relevance, appropriateness, and operations of automotive dismantling uses in the City are outdated and should be comprehensively reviewed prior to receiving, processing, or deciding upon applications proposing new or extended operations of such use in the City; and WHEREAS, City staff requires time to revisit the current performance standards for automotive dismantling uses, and overall appropriateness of such uses in the City; and WHEREAS, the City Council desires, on an urgency basis, to temporarily prohibit the establishment of new automotive dismantling uses and the extensions, modification or intensification of existing automotive dismantling uses within the City, as further defined in Section 2 of this Ordinance; and Ordinance No. 661 Page 1 WHEREAS, Government Code Sections 36934, 36937 and 65858 expressly authorize the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health or safety and to prohibit a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time. NOW, THEREFORE, the City Council of the Irwindale does ordain as follows: SECTION 1. Findings: A. There are currently ordinances in the Irwindale Municipal or Zoning Code (collectively, "Code") specifically regulating or monitoring the location, zoning standards, or other aspects of automotive dismantling uses. However, their efficacy and appropriateness need to be revisited on the heels of the expiration of the CUP which governs all such uses City-wide. B. Although the City has made a conscientious effort during the past 25 years to address and regulate automotive dismantling uses, the current standards have been determined to be 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. C. City staff has been in communications with a representative of property owners on Alpha Street and anticipates submittal of applications for new CUPs for the continued operation of the automotive dismantling uses. There has been no revision to the existing Conditions of Approval approved under ZC/CUP 85-4 and the existing standards contained in the Code focus mainly on landscaping and fencing/walls and lacks standards to regulate other aspects of these businesses, such as customer parking, hazardous waste disposal, and property maintenance, which have been the source of many code enforcement efforts the City has been forced to pursue related to these operations. The City has therefore determined that the Code lacks appropriate, up-to-date standards to effectively regulate automotive dismantling uses. D. The time extension of the existing uses and any proposed new uses, without appropriate rules and regulations, could result in the creation of negative secondary effects such as an increase in visual blight, additional code enforcement activity, and impacts related to placement of such uses adjacent to incompatible/sensitive uses. E. To allow time for the City to consider, study, and enact regulations for the regulation of automotive dismantling uses, it will be necessary to temporarily suspend Ordinance No. 661 Page 2 the approval of discretionary permits, business licenses, occupancy permits and/or DMV authorizations for new automotive dismantling uses, except where a property has an existing 25-year covenant period originally granted in the agreements between the Irwindale Community Redevelopment Agency and the separate property owners that were recorded in 1988 and 1989. No extension, modification or intensification of existing automotive dismantling uses that require a CUP shall be accepted, processed, approved or issued as such uses may be in conflict with the performance standards and implementation regulations that the City will ultimately impose after the City has considered and studied this issue, which shall be accomplished within a reasonable time. F. A moratorium will provide the City with time to draft and adopt appropriate regulations to regulate the location and operation of for such automotive dismantling uses in a manner that is consistent with the Code, compatible with surrounding neighborhoods and in the best interests of the residents of the City. SECTION 2. Interim Prohibition From and after the date of this ordinance, no discretionary permits, business licenses, occupancy permits and/or DMV authorizations for new automotive dismantling uses shall be issued, except where a property has an existing 25-year covenant period originally granted in the agreements between the Irwindale Community Redevelopment Agency and the separate property owners that were recorded between 1987 and 1989. No extension, modification or intensification of existing automotive dismantling uses that require a CUP shall be accepted, processed, approved or issued for a period of 45 days. For purposes of this ordinance, the term "automotive dismantling use" shall be synonymous with "automobile dismantling yard" per Irwindale Municipal Code Section 17.08.055 and shall also include those improvements defined in said section. SECTION 3. Urgent Need Based on the foregoing recitals and findings which are all deemed true and correct, this interim ordinance is urgently needed for the immediate preservation of the public safety, health, and welfare. This interim ordinance shall take effect immediately upon adoption and shall be of no further force and effect 45 days following the date of its adoption unless extended in accordance with the provisions set forth in Government Code Section 65858. SECTION 4. Authority Government Code Section 65858 provides that an urgency measure in the form of an initial interim ordinance may be adopted without prior public notice by a four-fifths vote of the City Council, which shall be effective for only 45 days following its date of adoption. Government Code Section 65858 further provides that such an urgency Ordinance No. 661 Page 3 )11 ura M. Nieto, CMC eputy City Clerk measure may be extended following compliance with that section for up to an additional 22 months and 15 days beyond the original 45-day period. SECTION 5. Penalties The definitions and penalties for land use violations that are prescribed in the Irwindale Zoning Code shall apply to violations of the provisions of this Interim Ordinance. SECTION 6. Severability If any provision of this Interim Ordinance or the application thereof to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Interim Ordinance which can be given effect without the invalid provision or application and to this end the provisions of this Interim Ordinance are hereby declared to be severable. SECTION 7. Notice 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. PASSED, APPROVED, and ADOPTED, this 25 th day of July, 2012. Ordinance No. 661 Page 4 ra M. Nieto, CMC puty City Clerk Lahra M. Nieto, CMC puty City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 661 was duly approved and adopted at a regular meeting of the Irwindale City Council held on the 25 th day of July, 2012 by the following vote of the Council: AYES: Councilmembers: NOES: Councilnnembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Breceda, Garcia, Ortiz, Miranda, Mayor Fuentes None None None AFFIDAVIT OF POSTING I, Laura M. Nieto, Deputy City Clerk, certify that I caused a copy of Ordinance No. 661, adopted by the City Council of the City of Irwindale at its regular meeting held July 25, 2012, to be posted at the City Hall, Library, and Post Office on July 30, 2012. Dated: June 28, 2012 Ordinance No. 661 Page 5