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HomeMy Public PortalAboutOrd. 1143 ORDINANCE NO. 114.3 ATd ORDI?iA?SCE OF Ti E CITY COUNCIL OF 'I'.L CITY OF LYNwOOD PROHInITI^dG ANY ID?STALLATIOi~] OF AliTOP~OTIVE USES I?:i ANY COiRT~IERCIAL OR MANUFACTURIT_dG ZOTdE PI;ND- I.'dG COMPLETION OF A STUBY AND REPORT BY TF.E PLAiiNT_NG DIVISION AS TO T E PROPER REGU_T,ATIO?QS FOR TI?E FUTURE IAISTALLATIOid AND MAIT7TENANCE OL' SUCH BUSIP?ESSES AS AT4 ITVTERI~-T ZONING ORDINADiCE, AND SETTING FORTH FACTS CO^•iSTITUTrNG SAMI: AS AN URGENCY ORDZNAIdCF The City Counci]_ of the City of Lynwood DOES IirRE'_;Y ORDAIN as follows: Section.i. The City Council finds and determines that auto- motive uses may now be installed and maintained in certain commer- cial and manufacturing zones with a Conditional Use Permit, pursuant to Ordinance No. i70, the 7oni.ng Ordinance, as amended. Section 2. The City Council further finds and determines that there are presently no regulations pertaining to the ir.stalla- tion and maintenance of such automotive uses, other than requiring a Conditional L'se Permit, and that there has been a grew influx of such operations in connection with many different types of busi- nesses. Section 3. The City Council further finds and determines that automobile repair businesses have created noise, traffic prob- lems, disrupted neighborhoods, and have resulted in certain undesir- able blighted areas along the major .:oulevards of the city. Section ~1. T-xe City loon.^.il finds and determines that pe~Zd- inq a revieca and study by the Planning Division, pursuant to public l~eari_ng, as to the most appropriate land use regulations for the installation and maintenance of ::ciz automotive uses or automobile repair businesses, that furt;~e-r i.iistallation of any such operation in any conzrner_cial or manufactcir:i_nc zone s'.iould be prohibited. Section 5. T4oti,aitnstanding any other provision of the Lyn- wood '~unicipal Cocie to the contrary, any automotive uses not approved by the Planning Commission on tine date of the adoption of this or- dinance shall he prohibited in any commercial or manufacturing zone during the term of this ordinance. Section b. Tine City Council directs t'_~e Planning Division to immediately commence studies and hearings to determine the proper classification and/or regulations that should be adopted for the future installation of such auto~~,otive uses in connection witrz any automobile repair_ ';usinesses. Section 7. This dinance enacted pursuant tie S+-ate of %' 1i_c n';., four (<?) monti_s from the appronr_ia~e notice and p this ordinance_for eight ordinance is an interim urgency zoning on- to Section 658i~J of the Government Code of ,.u .. ~.li be of no fax ~~ forces a.ici effeCL datecof adoption, providing, that after zblic hearing the City Council may extend (13} months or for ore year. Section <?. The City Council hereby finds and determines and declares that the immediate preservation of the public health, safe- ty and welfa~-e necessitate t?Ze enactment of this ordinance as an .. urgency rneasure. A declaration of facts constituting its urgency is as follows: 1. There are presently no regulations either prohibit=ing or properly regulating the installation and maintenance of automotive uses in the commercial or manufacturing zones, with the exception that such uses are allowed with a Conditional Use Permit. 2. That there is a need to review the Toning Ordinance and the provisions pertaining to automotive uses and deter- mine the proper restrictions for such businesses. 3. That in connection with the foregoing, it is necessary to determine the proper methods of rnaintaining aad up- grading such businesses. 4. That the deluge of such businesses may interfere with proper future planning for the control of such businesses along the main boulevards. 5. Ti1at pending a study of the aforementioned matters by the Planning Division, any farther installation of such automotive uses or automobile repair businesses should be prohibited in order to protect the public health, safety and welfare of the community. 6. That to enact this ordinance after giving notice, the holding of public hearings and two .reading thereof, and then to wait thirty (30) days for the ordinance to be- come effective will be detrimental to tl:e public i:ealth, safety and caelfare of the community, in that numerous businesses will be establis'red which may be contrary to the regulations proposed by t17e Planning Division. It is ti:erefore necessary that this ordinance go into ef- fect immediately upon adoption. Section 9. Severability. If any section, subsection, sub- division, sentence, clause, phrase or portion of this ordinance, or tine 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 tie validity of the remaining portions of this ordinance or its application to other persons or places. mhe City Council hereby declares that it would have adopted this ordinance, and each section, subsection, sub- division, sentence, clause, phrase o.r_ portion thereof, irrespective of the fact that any one o.r more sections, subsections, subdivisions, sentences, clauses, phrases, or portions, or the appiica~`_ion thereof to any person or place, be declared invalid or unconstitutional. Section70'. 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 circu- lation, printed, published, and circulated in the City of Lyn~.~ood. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of said city held on the 15th day of December, 1981. AYES: Councilmen Green, Morris, Rowe, Thompson, Byork NOES: None ABSENT: None i~L:f J hn D. Byork,/ Mayor ,City of Lynwood ATTEST: ~il. A A itl'-v~-P / \ .r"! .11 ~ tip,/ Lau'rene Coffey, City Clerk City of Lynwood APPR D AS T FORM: David R. McEwen, City Attorney APPROVED AS TO CONTENT: Charles G. Gomez, Acting City Manager J ~ S'PAT'E OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) Tj 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, ~1_q3__ adopted by the City Council of the City of Lynwood, and that the same was passed on the date and b,y the vote therein stsated. Dated this _ ~h day of _~e~Pmhar la 81, City Clerk, City of /Lyn„ ood ISEAL)