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HomeMy Public PortalAbout04-1315(U) ORDINANCE NO, 04-1315(U) AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 PROHIBITING THE ESTABLISHMENT OF NEW DRIVING SKILL COURSES IN THE CITY'S INDUSTRIAL ZONES DURING THE PENDENCY OF THE CITY'S REVIEW AND ADOPTION OF PERMANENT ZONING REGULATIONS FOR SUCH USES AND DECLARING THE URGENCY THEREOF WHEREAS, the City Council of the City of Carson ("City Council") has previously adopted regulations governing the establishment of driving skill courses within commercial and industrial zones within the City of Carson ("City"); and WHEREAS, the City Council finds and determines that the City's driving skill course standards may be outdated such that the City's existing standards do not provide for the effective land use regulation of such uses; and WHEREAS, the City Council desires to improve the compatibility and quality of businesses and activities occurring within industrial zones within the City; and WHEREAS, the City Council desires that staff undertake a comprehensive and unified study and analysis of the applicable laws and standards relating to driving skill courses which are being imposed in other cities; and WHEREAS, in an effort to develop comprehensive, consistent and appropriate revisions to the City's zoning ordinance relating to drivin'g'skill courses, the City Council directs staff to proceed with a comprehensive study (1) of the City's current zoning ordinance, and (2) as necessary, to prepare new standards for driving skill courses, including, but not limited to: (a) utilizing a conditional use permit process, (b) preparing a new definition that is reflective of the new types of driving skill courses, (c) incorporating alternative design and improvement standards, (d) evaluate noise and traffic impacts; and WHEREAS, in order to insure sufficient time for staff to undertake the comprehensive planning required to revise the City's zoning ordinance relating to driving skill courses, it will be necessary to temporarily suspend the granting of land use entitlements or permits relating to driving skill courses pending completion of revisions to the City's zoning ordinance; and WHEREAS, Government Code Sections 65858, 36934 and 36937 expressly authorize the City Council to adopt an urgency ordinance prohibiting any uses which may be in conflict with the contemplated zoning ordinance which the legislative body of the City or the Development Services Group is considering or studying or intends to study within a reasonable time. NOW, THEREFORE,, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Carson finds that the above recitals are true and correct. SECTION 2. From and after the date of this urgency ordinance, neither the City Council nor the Development Services Group shall approve land use development entitlements or other land use permits relating to driving skill courses in the industrial zones pending completion of studies and related planning and zoning ordinances for the establishment of a new zoning ordinance and driving skill course standards. SECTION 3. This Urgency Ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Carson by Government Code Section 65858, 36934 and 36937, and shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. SECTION 4. In adopting this interim urgency ordinance, the City Council finds and determines that each of the recitals contained in this ordinance are true and correct, and that the adoption of this interim urgency ordinance is necessary to protect the public safety, health and welfare, as those terms are defined in Government Code Section 65858(a), in at least the following respects: (a) Were the City Council or the Development Services Group to grant land use approvals or permits, or the like, relating to driving skill courses in the industrial zones during the pendency of the studies necessary to revise the City's zoning ordinance, such approvals could undermine the orderly development of property within the City, resulting in a reduction of the quality, caliber and aesthetics of the development of such property; and (b) Were the City Council or the Development Services Group to grant land use approvals or permits, or the like, relating to driving skill courses in the industrial zones during the pendency of the studies necessary to revise the City's zoning ordinance, such approvals could undermine the orderly development of property within the City, resulting in the inability of the City to assure that property is developed to its highest and best use as allowed by law. SECTION 5. This Urgency Ordinance shall be of no further force or effect forty-five (45) days from and after the date of its adoption, unless the same is extended pursuant to the authority conferred upon the City Council by Government Code Section 65858(a). Not later than ten (10) days prior to the expiration of this Urgency Ordinance, the City Council shall issue a written report describing the measures taken to alleviate the condition which has led to the adoption of this Urgency Interim Ordinance. SECTION 8. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. PASSED, APPROVED, AND ADOPTED as an URGENCY ORDINANCE this 1st day of June, 2004. Mayor ATTEST: sr Helen Kawagoe, C i y Clerl APPROVED AS TO FORM: Zoe William W. W City Attorney Ordinance No. 04-1315(U) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I. 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 four; that the foregoing ordinance, being Ordinance No. 04-1315(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 1st day of June, 2004, and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Mayor Dear, Calas, Santarina, and Raber NOES: COi1NCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None age dtoz City Clerk, City of a•son, Ca If-'ornia