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HomeMy Public PortalAboutOrd. 1224.. , ORDINANCE NO. 1994 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TEMPORARILY PROHIBITING THE ESTABLISHMENT OF OFF-SALE LIQUOR ESTABLISHMENTS, AND ESTABLISHING AN INTERIM ZONING ORDINANCE The City Council of the City of Lynwood does hereby ordain as follows: SECTION 1. The City Council finds and determines that, in accordance with the official Zoning Ordinance of the City of Lynwood, off-sale liquor establishments are authorized uses in commercial zones; SECTION 2. The City Council further finds and determines that no regulations exist presently pertaining to the land use requirements of off-sale liquor establishments in the City; SECTION 3. The City Council further finds and , determines that off-sale liquor establishments have concomitant noise, traffic, parking, law enforcement, social and economic impacts in commercial zones, which are in immediate need of study by the City's Community Development Department; SECTION 4. The City Council hereby directs the Community Development Department to commence immediately a study to determine the proper zoning classification and/or regulations that should be adopted for future siting and/or development of off-sale liquor establishments; SECTION 5. This ordinance is an interim urgency zoning ordinance enacted pursuant to California Government Code Section 65858, and in accordance therewith shall be of no further force and effect forty-five (45) days from the date hereof; provided, however, that the Council may extend this ordinance for an additional ten (10) months and fifteen (15) days,-and may subsequently extend it for one (1) year, subject to the terms and provisions of Section 65858. SECTION 6. The City Council hereby finds, determines and declares that the immediate preservation of the public health, safety and welfare necessitates the enactment of this ordinance as an urgency measure. A declaration of fact constituting its urgency is as follows: A. The City Council has heretofore adopted a General Plan for the City and a comprehensive Zoning Ordinance to regulate land use within the City. The zoning requirements have been adopted with a view towards balancing the various interests of the community and ensuring that no use is permitted which unreasonably interferes with the use and enjoyment of adjacent properties; and B. The City presently has one liquor establishment for approximately every five hundred (500) residents. The County of Los Angeles, as a whole, has one liquor establishment for every eight hundred fifty (850) persons; and ,_ J ., C. Off-sale liquor establishments have a high potential to provie problematic to the City because the accompanying traffic hazards, loitering, increased criminal activity, which necessitates concomitant increases in law enforcement activities and resources; and D. Pending a comprehensive study o£ the proper zoning regulations pertaining to the aforementioned off-sale liquor establishments, it is necessary that a moratorium be placed on the further issuance of any building permits, use permits, or other authorizations for any off-sale liquor establishments, in order to protect the public health, safety, comfort and welfare; and E. To enact this ordinance after the giving of notice, the holding of public hearings and two readings thereof, and wait thirty (30) days for said ordinance to become effective, will be detrimental to the public health, safety and welfare. It is therefore necessary that this ordinance go into effect immediately upon adoption. SECTION 7. Notwithstanding any other contrary provision of the Lynwood Municipal Code, no additional off-sale liouor establishments, shall be allowed in commercial zones during the term of this ordinance; SECTION 8. If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person or place, be declared invalid or unconstitutional. SECTION 9. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance and to cause the same to be published once in the Lynwood Press, a newspaper of general circulation, printed, published, and circulated in the City of Lynwood. ADPROVED AND ADOPTED this 20thday of 1964, by the following vote: MARCH , AYES: COUNCILMEN BYORK, REPINING, ROWE, THOMPSON, MORRIS NOES: NONE ABSEIQT: NONE ~ n /A/~~n E. L': MORRIS,-MAYOR CITY OF LYNWOOD ~ ATTEST: U' J~G~c~,Q~C~ ANDREA L. HOOPER, City Clerk APPROVE AS TO EOF!h?: '.~~ D VID R. C WEN, City Attcrney 7640P/1269/00 -2- . a STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said City, do hereby certify that the above is a true and correct copy of Ordinance No. -1224 adopted by the City Council of the City of Lynwood, and that the same was passed on the date and by the vote therein stated. Dated this 23rd day of March 1984. (SEAL) ~s~ zc.e~C~ C-~ . i°~~i~~~~cJ City Clerk, City of Lynwood