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HomeMy WebLinkAboutORD 1333ORD 1333Ä—ÀHÄ—@¸— ¸©Í«URGENCY ORDINANCE NO. 1333 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING A CITYWIDE MORATORIUM ON DRIVE-THROUGH FACILITIES/ESTABLISHMENTS AND DECLARING THE URGENCY THEREOF WHEREAS, many concerns have resulted from the establishments of drive-through facilities/establishments throughout the City; and WHEREAS, drive-through facilities/establishments potentially generate negative adverse impacts on circulation, traffic, air quality, walkability and the public health, which, while providing service to the public, also are not in line with the City's pursuits in creating and becoming a walkable and physically active, healthy community; and WHEREAS, the Planning Division is presently studying zoning proposals and other regulations to address those adverse impacts and to develop appropriate standards and criteria for the placement of such uses, and the adoption of this urgency measure prohibiting the approval of any subdivision, use permit, variance, building permit, or any other applicable entitlement for use for any of such uses while such study proceeds is necessary to protect the public safety, health and welfare. 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. SECTION 2. Based upon the findings set forth in Section 1 above, the City Council hereby further finds and determines: a. There is a current and immediate threat to the public health, safety, or welfare, in the commencement or expansion of any drive-through facility/establishment until a comprehensive, objective and reasonable study and evaluation of these land uses and their operational characteristics activities can be completed; and b. Without the proper and necessary operational conditions, parking standards or physical implementation of mitigation measures, the commencement or expansion of any drive-through facility/establishment may be in conflict with provisions of the City of Baldwin Park general plan; and BIB] 40564-U01 ORD-U02 1333-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132217-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04 ORD 1333Ä—ÀHÄ—@¸— ¸©Í«Ordinance 1333 Page 2 c. The commencement or expansion of any drive-through facility/establishment, without the ability to evaluate the potential land use impacts, operational characteristics and physical or site requirements and land use interface concerns with adjoining zoning districts and uses, then a threat to the public health, safety or welfare would result. SECTION 3. During the effective period of this Ordinance or any extension thereof, no business license will be issued, nor any building permit or land use determination or entitlement shall be granted, nor shall any application for a business license, subdivision, use permit, variance, building permit, or land use determination or entitlement required to comply with the Baldwin Park Municipal Code be accepted or processed for the commencement or expansion of any drive-through facility/establishment in the City. SECTION 4. This ordinance is an urgency measure to protect the public safety, heath and welfare. Pursuant to Government Code 65858, this Ordinance shall take effect immediately upon adoption. This Ordinance shall expire forty-five 45) days afterthe date of its adoption and shall thereafter be of no further force or effect, unless extended pursuant to the provisions of said section. APPROVED, PASSED AND ADOPTED this 19th day of-May, 20 BIB] 40564-U01 ORD-U02 1333-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132217-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04 ORD 1333Ä—ÀHÄ—@¸— ¸©Í«Ordinance 1333 Page 3 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 1333 was adopted as an urgency matter at a regular meeting of the City Council held May 19, 2010, by the following vote of the Council: AYES: COUNCILMEMBERS: Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE EPUTY CITY CLERK URA M. NIETO, CMC BIB] 40564-U01 ORD-U02 1333-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132217-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04