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HomeMy WebLinkAboutOrdinance No. 92-O3 ORDINANCE NO. 92-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING, REPEALING AND ADDING VARIOUS SECTIONS OF CHAPTER 19 OF THE AZUSA MUNICIPAL CODE TO REQUIRE A CONDITIONAL USE PERMIT FOR ON AND OFF SITE SALE OF ALCOHOLIC BEVERAGES WITHIN THE CITY (CODE AMENDMENT NO. 181) THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Azusa does hereby find, determines and declares as follows: A. The Planning Commission for the City of Azusa held a duly noticed public hearing on October 30, 1991 and, after fully considering all oral and written testimony offered at the aforementioned public hearing, adopted Resolution No. 91-78, recommending to the City Council the adoption of this ordinance. B. The City Council of the City of Azusa held a duly noticed public hearing on December 2 , 1991 concerning this ordinance and fully and carefully considered all oral and written testimony offered therein prior to acting on this ordinance. C. Currently, under the Azusa Municipal Code, a conditional use permit is required for off-site sale of alcoholic beverages in service stations within the Freeway Service zone and for restaurants with on-sight beer and wine or bars and cocktail lounges in the C2 zone. Mini-markets and liquor stores were required to obtain a conditional use permit prior to the approval of Code Amendment No. 179, which revised the definitions for drive-in businesses. Amendments are needed to the relevant Municipal Code Sections which would require a conditional use permit, pursuant to Chapter 19. 60 of the Azusa Municipal Code, for all uses involving alcohol sales. D. The City has experienced many problems with uses selling alcohol within the City which have adversely affected neighboring businesses and residences to such uses. These amendments would establish a more thorough type of review by the Planning Commission for alcohol sales uses so that potential negative impacts of such uses may be mitigated. E. These Amendments to the Azusa Municipal Code as set forth herein are consistent with the public necessity, convenience, general welfare, and good zoning practice and are necessary for the preservation of the public health, safety and general welfare. F. These amendments to the Azusa Municipal Code as set forth in this ordinance are consistent with and in conformance to the General Plan of the City of Azusa 1608.1 and each of the elements thereof and furthers the intent and purpose of Title 19, ZONING, of the Azusa Municipal Code. G. In taking this action, the City Council has considered the effects of its decision on the housing needs of the region in which the City is located and balanced those needs against the public service needs of the City's residents and available fiscal and environmental resources. SECTION 2 . Section 19.44. 040 (1) , Conditional Uses in Freeway Service Zone, of the Azusa Municipal Code is hereby amended to read as follows: "19.22.040 (1) Commercial recreation facilities such as bowling alleys, skating rinks, gymnasia and recreational parks. " SECTION 3 . Section 19.22. 040(8) , Conditional Uses in the Freeway Service Zone, is hereby added to the Azusa Municipal Code to read as follows: "19.22.040 (8) Businesses licensed for the sale of alcoholic beverages, for consumption either on or off the premises, may be permitted under a Conditional Use Permit in accordance with the procedures contained within Chapter 19.60. Such uses shall include, but not be limited to bars, cocktail lounges, liquor stores, mini-markets, grocery stores, cafes or restaurants licensed for alcohol sales. " SECTION 4. Section 19. 24. 030(35) of the Azusa Municipal Code, Permitted Non-Commercial Uses in the Restricted Commercial Zone, is hereby repealed. SECTION 5. Section 19.24. 040 (7) , Permitted Uses - Retail Commercial Activities Within Enclosed Buildings, is hereby added to the Azusa Municipal Code to read as follows: "19.24.040 (7) Businesses licensed for the sale of alcoholic beverages, for consumption either on or off the premises, may be permitted under Conditional Use Permit in accordance with the procedures contained within Chapter 19. 60. Such uses shall include, but not be limited to, bars, cocktail lounges, liquor stores, mini- markets, grocery stores, cafes or restaurants licensed for alcohol sales. " SECTION 6. Sections 19.26. 020 (2) jj) and (mm) of the Azusa Municipal Code, Permitted Uses in the General Commercial Zone, shall be amended to read as follows: "19.26.020 (2) (jj) Any nonautomobile related accessory sales in service stations shall be subject to approval of a Conditional Use Permit. " "19.26.020 (2) (mm) Existing bars or cocktail lounges which have not previously been approved under a Conditional Use Permit shall obtain such permit in accordance with the 1608.1 -2- procedures of Chapter 19. 60 within ninety (90) days of the effective date of Ordinance No. 2400. " SECTION 7. Section 19.26. 020(2) (nn) , Permitted Uses in General Commercial Zone, is hereby added to the Azusa Municipal Code to read as follows: "19.26.020 (2) (nn) Businesses licensed for the sale of alcoholic beverages, for consumption either on or off the premises, may be permitted under a Conditional Use Permit in accordance with the procedures contained within Chapter 19. 60. Such uses shall include, but not be limited to, bars, cocktail lounges, liquor stores, mini- markets, grocery stores, cafes or restaurants licensed for alcohol sales. " SECTION 8. Section 19.27. 020 (1) (f) of the Azusa Municipal Code, Uses Permitted in the Central Business District Zone, is hereby repealed. SECTION 9. Section 19.27. 020(4) (a) and (f) of the Azusa Municipal Code, Permitted Uses in the Central Business District Zone, are hereby amended to read as follows: "19.27.020 (4) (a) Existing bars or cocktail lounges which have not previously been approved under a Conditional Use Permit are required to obtain such permit in accordance with the procedures of Chapter 19. 60. " "19.27.020 (4) (f) Restaurant, cafe with entertainment on the premises. " SECTION 10. Section 19.27. 020 (4) (h) , Permitted Uses in the Central Businss District Zone, is hereby added to the Azusa Municipal Code to read as follows: "Businesses licensed for the sale of alcoholic beverages, for consumption either on or off the premises, may be permitted under a Conditional Use Permit in accordance with the procedures contained within Chapter 19. 60. Such uses shall include, but not be limited to, bars, cocktail lounges, liquor stores, mini-markets, grocery stores, cafes or restaurants licensed for alcohol sales. " SECTION 11. Sections 19.24. 041, 19.24. 042 , 19.24. 043, 19.24.044 and 19.24. 045 of the Azusa Municipal Code, Conditional Use Permit procedure for bars and cocktail lounges, are hereby repealed. It is the intent of the City Council to reenact said sections, as provided in Section 12 of this Ordinance, in Chapter 19. 60, so as to more appropriately place them with other provisions relating to conditional uses permits. SECTION 12 . Sections 19. 60. 125, 19. 60. 126, 19. 60. 127 and 19. 60. 128 are hereby added to the Azusa Municipal Code to read as follows: "19.60.125 Existing Bars and Cocktail Lounges -- Time for CUP. New and existing bars and cocktail lounges which have not previously been approved under a Conditional Use Permit shall have ninety (90) days from the effective date of Ordinance No. 2400 in 1608.1 -3- which to obtain such permit in accordance with the requirements of this Chapter. " "19.60.126 Alcohol Sales Uses - Findings and Considerations. The Planning Commission may not grant a Conditional Use Permit for businesses licensed for the sale of alcoholic beverages for consumption on or off the premises (including but not limited to bars, cocktail lounges, liquor stores, mini- markets, grocery stores, cafes or restaurants) unless it finds that such use at the proposed location will be consistent with the goals and objectives of the Azusa General Plan and that its operation will not adversely affect the public peace, health, safety, general welfare or surrounding property values. In granting such a permit, the Planning Commission may impose such conditions as are necessary and proper to prevent any such adverse effect. In determining whether a Conditional use Permit will be granted or, if granted, the nature and extent of the conditions imposed thereon, the Planning Commission shall consider the following: (1) Nature and use of real property within five hundred feet of the use and in particular the location of similar nearby uses and the location of sensitive uses such as residences, schools, parks, and churches; (2) Appropriate measures to provide proper maintenance of the building exteriors, including keeping the premises free of junk, litter and debris; (3) Lighting of exterior areas, including parking lots, to discourage activities outside the buildings (4) Protection of persons residing on or using adjacent real property from noise, illegal activity, odors and undue light and glare from the use; (5) Provision of on-site security, both inside and outside the building, to satisfy any concerns raised by the Azusa Police Department over the use; (6) Adequacy on or off-street parking provided for the use; (7) Hours of operation of the use; (8) Controls on occupancy limits inside the building and loitering outside the building; and (9) Prevention of adverse effect of the use or value of adjacent real property. The Planning Commission may adopt a resolution or resolutions setting forth 1608.1 -4- specific standards to implement the foregoing. " "19.60.127 Compliance with Conditions of Approval - Time. If the Planning Commissioin grants a Conditional Use Permit for an existing use, the applicant shall have ninety days in which to comply with any conditions of approval imposed on the permit. The Planning Commission may modify such compliance period as appropriate depending on the nature and extent of the conditions imposed. In determining whether the compliance period should be modified, the Planning Commission shall consider, as applicable, the following: (1) The severity of the maintenance problems and the time required to implement appropriate measures to rectify such problems; (2) The nature of the security needs and any special requirements or conditions of the Azusa Police Department which must be met; (3) The time required to secure all necessary permits, licenses and/or approvals required by law, resolution or ordinance. " "19.60.128 Abatement of Nonconforming Use. (a) If the Planning Commission denies a Conditional Use Permit for an existing bar or cocktail lounge, the existing bar or cocktail lounge shall be considered a legal nonconforming use as of the effective date of the resolution, and shall be abated three years from said date. (b) The Planning Commission may establish a longer abatement period where a Conditional Use Permit for an existing bar or cocktail lounge has been denied. In determining whether the abatement period shall be extended in individual cases, the Planning Commission may consider the following factors, as applicable: the amount of investment or original cost of the use or structure; cost of relocation; present or actual depreciated value; date of construction, amortization for tax purposes; salvage value; remaining useful life; the length of the remaining term of the lease under which the use is maintained; extent of the nonconformity; and the harm to the public if the structure remains standing or the use is permitted to continue beyond the prescribed abatement period. " SECTION 13. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published in the manner required by law. 1608.1 -5- PASSED AND APPROVED this 6ht day of January ,1992 . ILAAt qPIYAILJA MAYOR PR-TEM ATTEST: / / / / ADOLPH SOLIS,% City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF AZUSA ) I, HEREBY CERTIFY that the foregoing Ordinance No. 92-03 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 16th day of December , 1991. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 6th day of January , 1992 , by the following vote, to wit: AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALEXANDER ABSTAIN: COUNCILMEMBERS: NONE /ADOLPH SOL , City Clerk 1608.1 -6-