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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fact that the current standards for establishment of new or intensification of existing automobile dismantling uses are outdated and require review and updating to appropriately address the impacts of automotive dismantling uses, including those located in proximity to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: Ordinance No. 670 Page 1 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 Ordinance No. 670 Page 2 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 Ordinance No. 670 Page 3 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 Ordinance No. 670 Page 4 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 Ordinance No. 670 Page 5