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HomeMy WebLinkAboutORD 1285ORD 128579wV ×P•Y˜ö URGENCY ORDINANCE NO. 1285 AN URGENCY ORDINANCE OF THE CITY OF BALDWIN PARK EXTENDING A CITYWIDE MORATORIUM ON THE ESTABLISHMENT OF ADULT-ORIENTED BUSINESSES AND TRUCKING TERMINALS/STORAGE YARDS WITHIN THE CITY OF BALDWIN PARK WHEREAS, on April 20.2005, the City Council of the City of Baldwin Park adopted an urgency ordinance, Ordinance No. 1257, establishing a 45-day moratorium on the establishment of adult-oriented businesses and trucking terminals/storage yards within the City of Baldwin Park; WHEREAS, on June 1, 2005 the City Council of the City of Baldwin Park adopted Ordinance No. 1263, extending that moratorium; and WHEREAS, on April 5, 2006, the City Council conducted a public hearing, notice of which was given pursuant to Government Code Section 65090, on the potential extension of the moratorium. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: SECTION 1. Based upon the information presented at the public hearing, including but not limited to the oral and written staff reports, the City Council hereby finds and determines as follows: A. Following the updating of the General Plan of the City of Baldwin Park in November 2002, the City Council directed the Planning Division to review the City's Zoning Code and Zoning Maps to assure that they are consistent with the revised general Plan Land use map and other provisions of the General Plan as well as internally consistent, understandable, and in compliance with all applicable federal and state law. The Planning Division has undertaken the preliminary steps required for such work, including but not limited to the preparation of an Administrative Draft of the Zoning Code, and is actively proceeding with the studies required to implement the City Councils direction. B. Two areas of particular concern have been determined through the initial work undertaken by the Planning Division: 1) the City's existing standards for adult- oriented businesses, as defined in Baldwin park Municipal Code Section 153.440, require detailed study and review to assure that they are both consistent with current legal requirements, and contain sufficient safeguards to protect the public health, safety, and welfare, including but not limited to, the separation of such businesses from sensitive land uses such as parks, places of worship, and residential uses given the 2002 revisions to the General Plan Land Use Map; and 2) the City presently has insufficient standards for trucking terminals which may also be used for the storage of materials and items either ORD 128579wV ×P•Y˜ö Urgency Ordinance No. 1285 Page 2 within or outside of the trucks using such terminals trucking terminals/storage yards") including but not limited to waste materials hauled by such trucks. C. The City has been studying the appropriate locations for adult-oriented businesses and for trucking terminals/storage yards and the appropriate mechanisms to regulate such uses, and the City Council anticipated that the zoning proposals relating thereto will be brought forward for hearing by the Planning Commission and City Council within a reasonable time. D. The implementation of adult-oriented businesses in the absence of appropriate mechanisms, as permitted by law, to regulate such uses, including but not limited to locating such uses in areas where the secondary impacts as such uses will have the least effect, may be in conflict with the contemplated zoning proposals, and in light of such potential conflict, the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for such as use which is required to comply with a zoning ordinance or with Baldwin Park Municipal Code Chapter 124 constitutes a current and immediate threat to the public health, safety or welfare. E. The implementation of trucking terminals/storage yards without appropriate mechanism, as permitted by law, to regulate such uses constitutes a current and immediate threat to the public health, safety or welfare in that such uses may impose adverse impacts on surrounding properties, including but not limited to noise and odor, and on the City itself if the storage consists of waste material which must be properly accounted for so as not to be deemed generated within the City of Baldwin Park, and the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlements for such as use which is required to comply with a zoning ordinance constitutes a current and immediate threat to the public health, safety and welfare. SECTION 1. Pursuant to Government Code 65858, the City Council hereby extends the moratorium established by Ordinance No. 1257, and extended by Ordinance No. 1263, on the development of all adult-oriented businesses within the City and on the issuance of any permits, approvals, or entitlements, for use for such development, including but not limited to subdivisions, use permits, variances, building permits, or any other applicable permit or entitlement for use which is required in order to comply with the City's Zoning Ordinances or with Baldwin Park Municipal Code Chapter 124 until the earlier of April 19, 2006 being 12 months after the date of termination set forth in Ordinance 1263) or the effective date of new zoning requirements for the development of adult- oriented businesses. Said moratorium shall not apply to the development of adult-oriented businesses for which building permits have been issued on or before the effective date of this ordinance. SECTION 2. If any part or provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance, including the application as such part or provision to other persons or circumstances, shall not be affect and shall continue un full force and effect. To this end, the provisions of this ordinance are severable. ORD 128579wV ×P•Y˜ö Urgency Ordinance No. 1285 Page 3 APPROVED, PASSED AND ADOPTED this 5tr, day of April, 2006. A O MAYO ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1285 was adopted as an urgency matter at a regular meeting of the City Council held April 5, 2006, by the following vote of the Council: AYES: COUNCILMEMBERS: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Mayor Pro Tern David J. Olivas and Mayor Manuel Lozano NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE JM/u 77 1-ho 4- f.,. URA M. NIETO DEPUTY CITY CLERK BIB] 38894-U01 ORD-U02 1285-U02 LI2-U03 FO8535-U03 FO84123-U03 DO88789-U03 C5-U03 ORDINANCES-U03 6/26/2006-U04 ROBIN-U04