HomeMy WebLinkAboutOrdinance No. 98-O8 ORDINANCE NO.98-08
AN INTERIM URGENCY ORDINANCE OF THE CITY OF AZUSA,
CALIFORNIA, TEMPORARILY PROHIBITING APPROVAL
OF ALL LAND USE ENTITLEMENTS OR THE ISSUANCE OF
BUILDING PERMITS FOR THE CONSTRUCTION OF
ALL NEW RESIDENTIAL UNITS ON REAL PROPERTY
ADJACENT TO AZUSA GREENS GOLF COURSE
PURSUANT TO GOVERNMENT CODE SECTION 65858
WHEREAS, the City of Azusa (the "City") regulates land uses within the City limits
pursuant to the provisions of Chapter 88 of the Azusa Municipal Code,among other provisions and
statutory and regulatory authority; and
WHEREAS, on April 27, 1998, the City Council adopted an interim urgency ordinance to
temporarily prohibit permits for new residential units adjacent to the Azusa Greens golf course;and
WHEREAS,the interim urgency ordinance is due to expire on Junel 1, 1998; and
WHEREAS,the City may receive applications to construct new residential units adjacent
to the golf course; and
WHEREAS, the City is concerned about land use compatibility of new residential units
adjacent to the golf course,having received a number of complaints regarding errant golf balls from
existing residents; and
WHEREAS,there is a current and immediate threat to the public health, safety and welfare
if new residential units were to be constructed adjacent to the golf course, without study and
reasoned analysis by City staff and further consideration by the Planning Commission and City
Council; and
WHEREAS,City Staff is authorized an directed during the moratorium established by this
ordinance to promptly undertake and diligently and continuously prosecute to completion a study
and analysis of the land use compatibility of the Azusa Greens golf course and new residential units;
and
WHEREAS, California Government Code Section 65858 authorizes the City Council,
without following the procedures otherwise required for the adoption of a zoning ordinance and in
order to protect the public health, safety and welfare, to adopt by a four-fifths' (4/5) majority vote
as an urgency measure an interim ordinance such as this ordinance to prohibit for no longer than ten
(10)months and fifteen(15)days any new residential units adjacent to the Azusa Greens golf course;
and
WHEREAS,after notice and public hearing,such an interim ordinance can be extended by
the City Council for ten (10) months and fifteen (15) days and, thereafter for another year, if
necessary; and
WHEREAS,it is the present intention of the City Council to keep this interim ordinance in
effect only until the City Council acts on the recommendation of Staff regarding the land use
compatibility of new residential units adjacent to the Azusa Greens golf course,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA,DOES ORDAIN AS FOLLOWS:
SECTION 1. This interim urgency ordinance is adopted pursuant to California Government
Code Section 65858.
SECTION 2. The City Council hereby finds and determines that the adoption of this
ordinance is necessary for the immediate protection of the public health, safety and welfare
because it is necessary to study the land use compatibility of new residential units and the
adjacent Azusa Greens golf course.
SECTION 3. No land use entitlements or building permits for the construction of new
residential units on real property adjacent to the Azusa Greens Golf Course shall be approved
or issued while this ordinance is in effect.
SECTION 4. The terms and provisions of this ordinance are deemed to be severable and
if any administrative tribunal or court of law should invalidate any one or more terms or
provisions of this ordinance,it is the intent of the City Council that the remaining terms and
provisions remain in full force and effect.
SECTION 5. The Mayor shall sign this ordinance,and the City Clerk shall attest thereto and
shall within fifteen (15) days of its adoption cause it to be published in a newspaper
published and circulated in the City of Azusa. Pursuant to California Government Code
Section 65858,this ordinance shall take effect immediately as an urgency measure and shall
remain in effect through and including April 26, 1999, unless earlier repealed.
PASSED, APPROVED AND ADOPTED this 10 -day i - , 1998.
eareriar z-Madrid
I, . a . the City of Azusa
ATTEST:
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• doiph Solis, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF AZUSA )
I, Adolph Solis, City Clerk of the City of Azusa, do hereby certify that the foregoing
Ordinance No.9 8-08 was duly introduced and adopted as an urgency ordinance by a four-fifths
(4/5) vote at a regular meeting of the City Council on the 10th day of June , 1998, by
the following vote, to wit:
AYES: HARDISON, ROCHA, BEEBE, MADRID
NOES: NONE
ABSENT: STANFORD / /
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Adolph olis, 'pity Clem
APPROVED AS TO FORM:
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est, Best& Krieger, City Attorney