The URL can be used to link to this page

Home My WebLink AboutORD 1263ORD 1263ö˜Ðw`òÕw¢V¹URGENCY ORDINANCE NO. 1263 AN INTERIM ORDINANCE OF THE CITY OF BALDWIN PARK EXTENDING A 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 Ordinance No. 1257. enacting a moratorium prohibiting the establishment of adult-oriented businesses and trucking terminals/storage yards within the City if Baldwin Park; and WHEREAS, on June 1.2005. the City Council conducted a public hearing, notice of which was given pursuant to Government Code Section 65090. on the potential extension of the interim ordinance; 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 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. 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. B. Two areas of particular concern have been determined through the initial work undertaken by the Planning Department: 1) the Cit/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. BIB] 38630-U01 ORD-U02 1263-U02 LI2-U03 FO8535-U03 FO62476-U03 DO73354-U03 C5-U03 ORDINANCES-U03 09/21/2005-U04 ADMIN-U04 ORD 1263ö˜Ðw`òÕw¢V¹Urgency Ordinance No. 1263 Page 2 C. 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. 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 of 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 a 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 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 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 entitlement for such a use which is required to comply with a zoning ordinance constitutes a current and immediate threat to the public health, safety or welfare. SECTION 2. Pursuant to Government Code 65858. the City Council hereby extends the moratorium established 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 ten 10) months and fifteen 15) days from the date of termination set forth in said Ordinance No. 1263) or the effective date of new zoning requirements for the development of adult-oriented businesses. 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 3. Pursuant to Government Code 65858. the City Council hereby extends the moratorium established by Ordinance No. 1263 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 permit or entitlement for use which is required in order to comply with the City's zoning ordinances until the earlier of April 19. 2006 being ten 10) months and fifteen 15) days fro the date of termination set forth in said Ordinance No. 1263) or the effective date of new zoning requirements for the development of trucking terminal/storage yards. Said moratorium BIB] 38630-U01 ORD-U02 1263-U02 LI2-U03 FO8535-U03 FO62476-U03 DO73354-U03 C5-U03 ORDINANCES-U03 09/21/2005-U04 ADMIN-U04 ORD 1263ö˜Ðw`òÕw¢V¹Urgency Ordinance No. 1263 Page3 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 4. 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 April 19, 2006, unless extended pursuant to the provisions of said section. SECTION 5. 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 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 MAN0E MAYOf< ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK ss. I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1263 was adopted as an urgency matter at a regular meeting of the City Council held June 1, 2005, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Marlen Garcia, David J. Olivas, Bill Van Cleave, Mayor Pro Tern Ricardo Pacheco, and Mayor Manuel Lozano NONE NONE NONE ROSEMARY M.RA^NREZ, CMC CHIEF DEPUTY^ITY CLERK BIB] 38630-U01 ORD-U02 1263-U02 LI2-U03 FO8535-U03 FO62476-U03 DO73354-U03 C5-U03 ORDINANCES-U03 09/21/2005-U04 ADMIN-U04