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HomeMy Public PortalAbout03-1287U ORDINANCE NO. 03-1287(U) AN ORDINANCE OF THE CITY OF CARSON ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 EXTENDING THE MORATORIUM ON ESTABLISHMENT OF NEW AUTOMOBILE REPAIR AND SERVICE BUSINESSES IN THE CR (COMMERCIAL, REGIONAL) ZONE DISTRICT DURING THE PENDENCY OF THE CITY'S REVIEW AND ADOPTION OF PERMANENT ZONING REGULATIONS FOR SUCH USES AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS: SECTION 1. Extension of Moratorium. Ordinance No. 02-1260(U), adopted September 17, 2002, and readopted and extended by Ordinance No. 03-1271(U) on January 21, 2003, is hereby readopted and extended in full force and effect for one year expiring August 30, 2004, unless earlier repealed. Transfer of ownership of an existing auto repair and service business in the CR (Commercial, Regional) Zone District shall not constitute the establishment of a new such use and shall not be affected by the moratorium. SECTION 2. Alleviation Measures Report. In accordance with California Government Code Section 65858(d), the City of Carson issued a written report describing the measures taken to alleviate the condition that led to the adoption of Ordinance No. 02-1260(U). SECTION 3. CEQA Finding. The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance, and extension of a moratorium hereby, may have a significant effect on the environment. It is therefore exempt from California Environmental Quality Act review pursuant to 14 California Code of Regulations Section 15061(b)(3). SECTION 4. Legislative Findings. The City Council finds that, shortly before the moratorium adopted by Ordinance No. 02-1260(0) and extended by Ordinance No. 03-1271(U), the City of Carson received an application to establish a new automobile repair and service business in the CR (Commercial, Regional) Zone District. Prior to the moratorium, such businesses were automatically permitted in the CR (Commercial, Regional) Zone District subject to designated limitations. Based on the City's experience with existing automobile repair and service businesses, the City Council finds that the proliferation and insufficiently regulated operation of these uses can result in adverse impacts on adjacent properties and the surrounding community. The City Council further finds that the proliferation and insufficiently regulated operation of these uses in the CR (Commercial, Regional) Zone District can be detrimental to the successful redevelopment of a blighted area. The City of Carson intends to study, within a reasonable time, the adequacy of its existing ordinances Ordinance No. 03-1287 (U) Page 2 of 2 regulating automobile repair and service businesses in the CR (Commercial, Regional) Zone District. The City Council finds that there is a current and immediate threat to the public health, safety and welfare presented by the establishment of new automobile repair and service businesses in the CR (Commercial, Regional) Zone District. In the absence of immediate effectiveness, the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use that is required in order to comply with the City's zoning ordinance would result in that threat to public health, safety, or welfare. Due to the foregoing circumstances, it is necessary for the preservation of the public health, safety and welfare that this Ordinance take effect immediately in order to extend the moratorium previously adopted pursuant to state law. PASSED, APPROVED and ADOPTED this 1St day of July, 2003. ATTEST: ��h ii I it.4 E3z 0401 (A) Laot", CITY CLERK MAYOR APPROVED AS TO FORM: CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) 1, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 03-1287(U) was duly and regularly adopted by the City Council of said City on an urgency basis at a regular meeting of said Council, duly and regularly held on the 1 st day of July, 2003, and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Mayor Sweeney, Calas, Dear, Santarina, and Raber NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None -2 of 2- City Clerk, City of Carson, Ca ' 737640.1 fornia