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Home My Public Portal About04-1320(U) ORDINANCE NOs 04=1320(U) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 EXTENDING THE MORATORIUM ON � 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 RECITALS WHEREAS, the City Council of the City of Carson ("City Council") adopted Interim Urgency Ordinance No. 04-1315(0) at its regular meeting on June 1, 2004, prohibiting the granting of certain entitlements and/or land use permits as is set forth in more detail therein, and incorporated herein by this reference as if set forth in full; and WHEREAS, all of the findings cited in Interim Urgency Ordinance No. 04- 1315(U), concerning the existence of an immediate and current threat to the public safety, health and welfare, due to the fact that the zoning code sections pertaining to driving skill courses are outdated and incompatible with the current needs and challenges of the industrial zones in the City of Carson ("City") continue to be valid; and WHEREAS, the City Council, acting through its Development Services staff, has issued the written report required pursuant to Government Code is Section 65858(d) describing the measures taken to alleviate the conditions which led up to the adoption of Interim Urgency Ordinance No. 03-1315(0), which report is also incorporated herein by this reference as if set forth in full; and WHEREAS, pending completion of the tasks set forth in such report, the City Council finds and determines that there is a need to extend Interim Urgency Ordinance No. 03-1315(0) for 10 months and 15 days as authorized by Government Code Section 65858(a) to enable City staff to further research and develop a revised ordinance that addresses the City's concerns, which were the basis for the moratorium, which research will include, but not be limited to the following: a. The City is processing an update to the Carson General Plan, which update has provided the City additional confirmation of the need to balance land uses. The Light and I Heavy Industrial areas are intended to provide for industrial uses. The City anticipates the need to amend the Zoning Ordinance to clarify those commercial uses that should be permitted and conditionally permitted in the industrial areas Ordinance No. 04-1316(U) Page 2 of 4 to further the goal of maintaining compatibility between industrial and adjacent land uses and b. City staff has reviewed Code Enforcement files related to driving skill course uses to determine if there are any prevalent problems that should be addressed through any ordinance t adopted as a result of this moratorium. WHEREAS, Government Code Sections 65858, 36934 and 36397 expressly authorize the City Council to adopt an urgency ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan or zoning ordinance which the City Council or the Development Services Department is considering studying or intends to study within a reasonable period of time; and WHEREAS, subsequent to notice pursuant to Government Code Section 65090, the City Council has conducted a public hearing on the extension proposed herein. THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS: SECTION 1. Above Recitals. The City Council hereby finds that the above recitals are true and correct. SECTION 2. Extension of Moratorium. Ordinance No. 03-1315(0), was duly adopted June 1, 2004, is hereby readopted and extended in full force and effect for ten months and fifteen days, expiring May 25, 2005, unless earlier repealed. SECTION 3. Alleviation Measures Report. In accordance with California Government Code Section 65858(d), the City issued a written report describing the measures taken to alleviate the condition that led to the adoption of Ordinance No. 03-1315(0), a copy of which was provided concurrently with the staff report supporting this ordinance and is on file with the Development Services Department and available for ublic p ins pection. SECTION 4. ggOA 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. This finding is supported by the fact that no development may occur, which could potentially create an impact during the effectiveness of this Ordinance. It is therefore exempt from California Environmental Quality Act review pursuant to 14 California Code of Regulations Section 15061(b)(3). Page 2 of 4 739064.1 Ordinance No. 04-1316(U) Page 3 of 4 SECTION 5. Urciency Declaration. The City of Carson currently is processing an update of the Carson General Plan. In connection with that update, the City has obtained additional confirmation of the need to provide zoning regulations that will facilitate the compatibility of commercial uses in industrial areas. The City has initiated a study and intends to continue to study, within a reasonable time, the adequacy of its existing ordinances regulating development in this area. SECTION 6. Urqencv Findings. (a) In adopting this urgency ordinance extending Interim Ordinance No. 03-1315(U), the City Council finds and determines 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) for the reasons set forth below in this Section 6. Were the City Council, Planning Commission or Development Services Department to grant any entitlement relating to the establishment of a driving skill course during the pendency of the studies necessary to revise the City's zoning ordinance, such approvals could: (i) Exacerbate land use compatibility issues within industrial areas which could result from the insufficiently regulated establishment of new driving skill courses; and (ii) 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; and (b) The City Council further finds that there is a current and immediate threat to the public health, safety and welfare presented by the potential establishment of new driving skill courses in industrial zones, based on the facts described in Ordinance No. 03-1315(U) as well as this Ordinance. 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 and welfare, as identified above in this Section 6. Due to the foregoing circumstances, it is necessary for the preservation of the public health, safety and welfare that this Ordinance take effect immediately. SECTION 7. Vote Required for Adoption of Ordinance. This Ur gency 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 (4,15/1 vote of the City Council as if and to the same extent that such ordinance had been adopted pursuant to each of the individual sections set forth hereinabove. Page 3 of 4 739064.1 Ordinance No. 04-1316(U) Page 4 of 4 SECTION 8. Effectiveness of Ordinance., This Urgency Ordinance shall be of no further force or effect ten months and fifteen days from and after the date of its adoption, pursuant to the authority conferred upon the City Council by Government Code Section 65858(a). � PASSED, APPROVED and ADOPTED this 6th day of July, 2004. l MAYOR ATTEST:CITY CL "AK APPROVED AS TO FORM: CITY ORNEY 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 CNo. 04-1320(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 6th day of July, 2004, and that the same was passed and adopted by the following roll call vote: f AYES: COUNCIL MEMBERS: Mayor Dear, Calas, Santarina, and Ruiz-Raber NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None lie 739064.1 City'Clerk, City of arson, alifornia