HomeMy WebLinkAbout670ORDINANCE NO. 670
AN INTERIM URGENCY 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 45-day
moratorium temporarily prohibiting the granting of permits for auto dismantling uses
pending the completion of an amendment to the Zoning Code regulating such uses and
adopted Ordinance No. 662 at its regular meeting of August 22, 2012 extending an
existing 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 Conditional Use Permit processing; 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 July 7,
2013, the date the ten (10) months and fifteen (15) days moratorium expires; and
WHEREAS, all of the findings cited in the Interim Urgency Ordinance No. 662
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new or intensification of existing automobile dismantling uses are outdated and require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. 662, 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. 662 for an additional time period of one (1) year 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:
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a. Prepare a comprehensive special report; and
b. Conduct two special study sessions; Planning Commission on October 17, 2012
and City Council on February 17, 2013; and
c. Research the types of licensing required by the State for automobile dismantling
uses; and
d. Conduct site surveys to determine the condition of the subject properties; and
e. Create a list of possible compatible outdoor uses; and
f. Survey the location and type of automobile dismantlers within the City to determine
appropriate performance standards; and
g. Review the current performance standards in the IMC Section 17.56.070 and active
conditions of approval for ZC/CUP 85-4; and
h. Survey of other cities to learn about their regulatory requirements concerning
automobile dismantlers, and assess their applicability to Irwindale; and
i. Draft an updated ordinance regulating new automobile dismantlers and existing
automobile dismantlers (including those intensifying/modifying their use); and
Determine if the intent of the General Plan is congruent with this type of use; and
k. 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; and
I. Ponder the possibility of creating an automotive use specific overlay zone, which
includes but is not limited to automotive dismantling, automotive repair, automotive
sales/rental and automotive body shops (automotive uses may include car, trucks,
motorcycles and boats/aquatic vehicle); and
m. Research any history regarding issues or concerns; and
n. Research any past and/or present environmental violations; and
o. 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
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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
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. 662, 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
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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 one (1) year 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.
PASSED, APPROVED, and ADOPTED, this 26 th day of June, 2013.
67 Julian A. Miranda, Mayor
ATTEST:
Yaura M. Nieto, CMC
Deputy City Clerk
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF IRWINDALE
I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that
the foregoing Ordinance No. 670 was duly approved and adopted at a regular meeting
of the Irwindale City Council held on the 26 th day of June, 2013 by the following vote of
the Council:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Breceda, Fuentes, Garcia, Ortiz, Mayor
Miranda
None
None
None
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