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HomeMy WebLinkAboutORD 1257ORD 1257ö˜Ðw`òÕw¢VÀ URGENCY ORDINANCE NO. 1257 AN INTERIM ORDINANCE OF THE CITY OF BALDWIN PARK DECLARING A MORATORIUM ON THE ESTABLISHMENT OF ADULT-ORIENTED BUSINESSES AND TRUCKING TERMINALS/STORAGE YARDS WITHIN THE CITY OF BALDWIN PARK, AND DECLARING THE URGENCY THEREOF WHEREAS, following the updating of the General Plan of the City of Baldwin Park in November of 2002, the City Council directed the Planning Department 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; and WHEREAS, the Planning Department 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 Council's direction; and WHEREAS, two areas of particular concern have been determined through the initial work undertaken by the Planning Department: 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 uses such as parks, places of worship, and residential areas, 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 within or outside of the trucks using such terminals trucking terminal/storage yards"), including but not limited to waste materials hauled by such trucks; and WHEREAS, the City has been and is studying the appropriate locations for adult- oriented businesses and for trucking terminal/storage yards and the appropriate mechanisms to regulate such uses, and the City Council anticipates that zoning proposals relating thereto will be brought forward for hearing by the Planning Commission and the City Council within a reasonable time. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: SECTION 1. The City Council hereby adopts each recital set forth above as a finding of the City Council. ORD 1257ö˜Ðw`òÕw¢VÀ Ordinance 1257-Urgency Page 2 SECTION 2. The City Council further finds that 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 of such uses will have the least effect, may be in conflict with contemplated zoning proposals, and that such potential conflict constitutes a current and immediate threat to the public health, safety or welfare. SECTION 3. The City Council further finds that the implementation of trucking terminal/storage yards without appropriate mechanisms, as permitted, by law, to regulate such uses constitutes a current and immediate threat to the public health, safety orwelfare 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. SECTION 4. Pursuant to Government Code 65858, the City Council hereby declares a moratorium 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. The moratorium declared and established by this Section 4 shall remain in effect until the effective date of new zoning requirements for the development of adult-oriented businesses are adopted by the City Council, or until 45 days after the date of enactment of this ordinance, whichever comes first. Said moratorium shall not apply to development of adult-oriented businesses for which building permits have been issued on or before the effective date of this ordinance. SECTION 5. Pursuant to Government Code 65858, the City Council hereby declares a moratorium on the development of all trucking terminal/storage yards 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 entitlement for use which is required in order to comply with the City's zoning ordinances. The moratorium declared and established by this Section 5 shall remain in effect until the effective date of new zoning requirements for the development of trucking terminal/storage yards are adopted by the City Council, or until 45 days after the date of enactment of this ordinance, whichever comes first. Said moratorium shall not apply to development of trucking terminal/storage yards for which building permits have been issued on or before the effective date of this ordinance. SECTION 6. This ordinance is an interim ordinance and shall take effect immediately. This is an interim ordinance adopted pursuant to Section 65858, subdivision a) of the Government Code and shall expire forty-five 45) days after the date hereof unless extended pursuant to the provisions of said section. SECTION 7. If any part or provision of this ordinance or its application to any person ORD 1257ö˜Ðw`òÕw¢VÀ Ordinance 1257-Urgency Page 3 or circumstance is held invalid, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this ordinance are severable. APPROVED, PASSED AND ADOPTED this 20th day pril, 5. v M L WZANO OR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1257 was adopted as an urgency matter at a regular meeting of the City Council held April 20, 2005, by the following vote of the Council: AYES: COUNCIL MEMBERS: Marlen Garcia, David J. Olivas, Bill Van Cleave, Mayor Pro Tern Ricardo Pacheco, Mayor Manuel Lozano NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE zc:2 ROSEMARY REZ, CMC CHIEF DEPUTY CITY CLERK BIB] 38630-U01 ORD-U02 1257-U02 LI2-U03 FO8535-U03 FO62476-U03 DO73361-U03 C5-U03 ORDINANCES-U03 09/21/2005-U04 ADMIN-U04