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Ordinance - 1739ORDINANCE NO. 1739 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, EXTEND- ING A MORATORIUM ON THE APPROVAL OF APPLICATIONS FOR DEVELOPMENTS FOR CERTAIN RESIDENTIAL -TYPE USES ON THE SPECIFIED PROPERTIES WITHIN 2,000 FEET OF THE ORIG- INAL CLASS I AND CLASS II DISPOSAL AREA AT THE BKK LANDFILL: SAID ORDINANCE TO BE ADOPTED AS AN URGENCY ORDINANCE PURSUENT TO SECTION 65858 OF THE GOVERNMENT CODE. WHEREAS, the City on the 27th of May, 1986, adopted Ordinance No. 1720, as an urgency ordinance, extending a moratorium for approval of certain residential type uses on specified properties within 2,000 feet of the BKK Landfill; and WHEREAS, said nine findings of the City Council as set forth in Ordinance No. 1720 are incorporated herein by reference along with and including the remaining whereas clauses set forth in Ordinance No. 1720 to the extent that they are not inconsistent with the provisions of this Ordinance; and WHEREAS, by letter dated February 6, 1987, the City requested the Director of the California Department of Health Services to provide a report and information to the City on the appropriateness of extending the moratorium and for any recommended modifications to the moratorium boundaries; and WHEREAS, by letter dated March 12, 1987, the Director of the Department of Health Services recommended to the City that pursuant to Health and Safety Code Section 25221.1 the moratorium be extended for one additional year oni residential, type construction within 2,000 feet of the Class I and II waste disposal areas of the BKK Landfill; and WHEREAS, the City Council hereby finds as follows: 1. An extension of the existing moratorium is consistent with the recommendation of the California Department of Health Services. 2. An extension of the existing moratorium will provide the necessary time for the California Department of Health Services to complete the various on going studies relating to possible health impacts in the area of the BKK Landfill site. 3. An extension of the existing moratorium will also provide the City with the opportunity to conduct alternative land use studies to determine appropriate land uses in the areas surrounding the BKK Landfill site. 4. That certain amendments to the existing moratorium ordinance, as set forth below, are necessary to accomplish the purposes and goals of extending the moratorium. 5. It is appropriate to allow any affected property owner to participate with the City in studying all land use options, including residential types, providing they may make applications for development including the preparation of plans and environmental impact reports, and process these applications with the Planning Department with the clear understanding that • it is at the property owner's risk and sole expense and no decision or recommendation shall be made by the City Council, Planning Commission and City Staff until after the expiration of the moratorium. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS: SECTION 1. Notwithstanding any other provisions of the West Covina Municipal Code, during such times as this ordinance is in full force and effect, no building permits shall be issued or other land use approvals given for any uses described in California Health and Safety Code Section 25232(b)(1), on property within 2,000 feet from the boundary of the original Class I and Class II disposal area of the BKK Landfill, and more specifically described in Exhibit A and shown on Exhibit B, pending further progress by the California Department of Health Services in its comprehensive site assessment to determine if there is any endangerment to the public health or the environment related to the BKK Landfill and pending further information which may be received as a result of activities undertaken by BKK or other parties as part of the Site Assessment Workplan ordered by EPA or as part of BKK's compliance with the Stipulated Preliminary Injunction issued in People ex rel. City of West Covina v. BKK Corporation, et al. Notwithstanding the above, development plans, tract maps and other land use proposals may be submitted in applications to the City for any property subject to the provisions of this moratorium as more specifically described in Exhibit A and Exhibit B of Ordinance No. 1720. Provided, however, that said applications shall not be approved or denied or recommended for approval or denial by the City until the expiration of this moratorium ordinance and further that any decision made by the City shall be in conformance with all applicable State laws and consistent with any and all land use studies conducted by the City. The property owner shall acknowledge as part of any application that the City is under no obligation to approve, deny or recommend approval or denial for any application for development until after the expiration of this ordinance. In the event the California Department of Health Services determines that any property should be excluded from the moratorium, said property shall no longer be subject to the provisions of this Ordinance and this ordinance shall be amended so as to reflect said exclusion from the moratorium boundaries. SECTION 2. This Ordinance is adopted as an urgency measure to protect the public safety, health and welfare and shall take effect upon its adoption and shall continue in effect for a period of no longer than one (1) year. A statement of facts constituting the basis of such urgency is as above set forth in the recital of this ordinance, and is incorporated herein, citing a current and immediate threat to the public health, safety or welfare and that review and/or approval of said development plans or issuance of said building permits would result in a threat to public health, safety or welfare. The legal authority of the enactment of this ordinance is Section 65858 of the California Government Code and other applicable statutes. -2- • SECTION 3. If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance and cause the same to be published in the manner prescribed by law. PASSED, approved and adopted this 14th day of April 1987. /w,Do M/�, • . ATTEST: CITY CLE K STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF WEST COVINA ). I, HELENE M. MOONEY, City Clerk of the City of West Covina do hereby certify that the foregoing ordinance was adopted as an urgency measure by the City Council of West Covina at an adjourned regular meeting thereof on April 14, 1987, by the following vote of the Council: AYES:. Tennant, Manners, Chappell, Shearer NOES: None ABSENT: Bacon APPROVED AS TO FORM: City Attorney -3- City Clerk He ene Y-11 ooney EXHIBIT W ., The following described properties are subject to the provisions of this Ordinance: 6.* Property described as Tract No. 32323 and Lots 20, 21, 22, 230 24, 25, 26, 27, 28, 29, 30 of Tract No. 42169. 8.* Property described as Lot 36 of Tract 31147. * Number corresponds to number assigned to listed property on Exhibit B. • • • " (. . ' =• ai �. yi .� .ice �� ��'� �-• a •i ' �...:',� , ""J�: -i••• � �_t -21 ,+ f :i._ .. 2.000 feet from ss>,�s (( ::. • - _ _ original Class I a •' ._� ///� /// ' t `� ':{. Rn r _ �� )�' i and Class II Disposal areas4�_; Reluae disposal ®= _ orei _ _ ;: r. :.r - .... .... sazardous vast• �� ''�' disposal area i '•.�•�'': Properties Affected by Moratorium 6&8 �: is i `�•�� r= � ��;,,"i Jta \;►it . � �{��' � , � _ _ —'�rh. B EXHIBIT tttt • cam` �•_.. ,y `•`,. __ -__ -. .- - _ "- s B.K.K. LANDFILL . 4 tAN�•. 4 -Raj11 _ --2000� RADIUS 'MAP CERTIFICATION I, JANET BERRY, Deputy City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. / 7 :� 9 was published, pursuant to law, in the San • Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. valw4eo-o Janet Berry, City Clerk City of West Covina, Cal6rornia DATED: $-