HomeMy WebLinkAboutOrdinance No. 97-O150
ORDINANCE NO. 97-015
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AN INTERIM URGENCY ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA,
TEMPORARILY PROHIBITING THE ESTABLISHMENT OF CASKET SALES USES
WITHIN THE CITY FOR A PERIOD OF 45 DAYS, PENDING THE COMPLETION OF A
STUDY OF SUCH USES IN THE CITY AND THE ADOPTION OF ANY AND ALL
AMENDMENTS TO THE CITY'S LAND USE AND BUSINESS REGULATIONS
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1. This interim urgency ordinance is adopted pursuant to Section 65858 of the
California Government Code.
SECTION 2. The City of Azusa shall not issue or approve any building permit, conditional
use permit, variance, precise plan of design, business license or other land
use entitlement for any retail casket sales use on any property within the City
of Azusa, during the time that this interim ordinance is in effect.
For purposes of this ordinance, the term "retail casket sales use" shall be
deemed to mean any property utilized primarily for the retail sale and display
of funeral caskets, or cremation urns, which use is not carried out in
conjunction with a state regulated mortuary or funeral business which has all
necessary permits and licenses for such business.
SECTION 3. The City Council hereby finds, determines and declares that this interim
urgency ordinance adopted pursuant to California Government Code Section
65858 is necessary because:
A. The establishment of retail casket sales uses in the City
presents an immediate threat to the public welfare in that the
City has recently received inquiries regarding the
establishment of this use within the City. The City has also
begun preparing proposed amendments to the City's Zoning
Code which would restrict the locations in which this
proposed use may operate as well as proposed concentration
restrictions to maintain and encourage economic
development. Retail casket sales uses may be incompatible
with the marketing goals and land use policies for several
areas that the City has invested much time and money
developing. The City must prohibit retail casket sales uses in
the City while staff completes its land use studies and its
study on the impact of retail casket sales uses on the public
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health and safety and the potential impact these uses may
have on other commercial activities.
B. The approval of land use entitlements in the various Zones for
retail casket sales uses would result in a threat to public
welfare in that such land uses may be incompatible with the
goals being developed to revitalize the City's commercial
areas to increase economic development in the City and may
be detrimental to community standards if not properly
regulated. The establishment of retail casket sales uses in
these areas would decrease space available for commercial
uses which generate greater revenue for the City and become
a deterrent to economic development within the City. The use
may also pose a health risk to the public if not properly
regulated and subject minors to possible psychological harm
which according to Unified School District Psychologist,
Marla Blasverg may occur to minors. If retail casket sales
use is approved in the various Zones, it may prove to be
harmful to the viability of other businesses in the various land
use Zones without adequate regulation and detrimental to the
community's efforts to improve the image of many areas
within the community. To allow the approval of land use
entitlements or business approvals for retail casket sales uses
in the various Zones at this time while the City staff is
conducting studies concerning retail casket sales uses in the
various commercial areas could result in inconsistent land use
policies which would be harmful to the public welfare.
SECTION 4. Ten days prior to the expiration of this interim urgency ordinance, or
an extension thereof, the City Council shall issue a written report describing the
measures which the City has taken to alleviate the conditions which led to the
adoption of this ordinance.
SECTION 5. This interim urgency ordinance shall take effect immediately upon its
adoption by a four-fifths vote of the City Council. This interim urgency ordinance
shall continue in effect for 45 days from the date of its adoption and shall thereafter
be of no further force and effect unless, after notice pursuant to California
Government Code Section 65090 and a public hearing, the City Council extends this
interim urgency ordinance pursuant to California Government Code Section 65858.
Prior to the expiration of 15 days from the passage of this interim urgency ordinance,
the ordinance, or a summary of the ordinance, along with the names of the City
Councihnembers voting for and against the ordinance, shall be published in a
newspaper of general circulation in the City of Azusa.
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Passed, approved and adopted this 6th day of October, 197.
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MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing
Urgency Ordinance No. 97-015 was duly adopted and passed at a regular meeting of the Azusa
City Council on the 6th day of October, 1997, by the following vote, to wit:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE,
MADRID
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
YC C
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