Ordinance - 1740ORDINANCE NO. 1740
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, EXTENDING A
MORATORIUM ON THE APPROVAL OF APPLICATIONS FOR
• DEVELOPMENTS FOR CERTAIN RESIDENTIAL -TYPE USES
ON THE SPECIFIED PROPERTIES WITHIN 2,000 FEET
OF THE ORIGINAL CLASS I AND CLASS II DISPOSAL
AREA AT THE BKK LANDFILL.
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 Land-
fill; 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 Ordin-
ance; 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
or residential, type construction within 2,000 feet of
the Class I and II waste disposal areas of the BKK Land-
fill; 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
Commission 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 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.
SECTION 2. This
Ordinance was adopted as an
urgency measure (Ordinance
No. 1739) to protect the public
safety, health and welfare
and shall take effect upon its
adoption and shall continue
longer than one (1) year.
in effect for a period of no
A statement of facts constituting
the basis of such urgency was
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.
0
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 27th day
of April , 1987.
ATTEST:
•
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF WEST COVINA )
I, Helene Mooney, City Clerk of the City of West Covina,
• do hereby certify that the foregoing Ordinance No. 1740 was
regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 14th day of April, 1987. That,
thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the 27th Day of April, 1987, by
the following vote:
•
AYES: Councilmembers: Manners, Chappell, Shearer, Bacon, Tennant
NOES:: Councilmembers: None
ABSENT: Councilmembers: None
ITY CLERK
APPROVED AS TO FORM:
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CITY ATTORNEY
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C E R T I F I C A T I O N
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. 1741 4 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.
Janet Berry, City Clerk
City of West Covina, Ca ' ornia
DATED:
-'T