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HomeMy WebLinkAboutOrdinance No. 92-O9 ORDINANCE NO. 92-09 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTIONS 19.63 .020 AND 19. 63. 030 OF THE AZUSA MUNICIPAL CODE RELATING TO ADULT BUSINESSES THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOL- LOWS: SECTION 1. The City Council of the City of Azusa does hereby find, determine and declare: A. That there are currently regulations in the Azusa Municipal Code relating to the operation of adult businesses; and B. That the regulations were enacted in order to preserve the integrity of existing commercial and residential areas in the City and to address the deleterious secondary effects resulting from adult businesses lo- cated near such commercial and residential areas; and C. That the City Council has determined that recent court decisions addressing the issue of adult business regulation necessi- tate amending the Azusa Municipal Code to conform to such decisions; and D. That in an effort to ensure that the City's adult business regulations are in compliance with said recent court cases, to alleviate the continuing threat of litigation at the trial court and appellate court level and to preserve the public interest, conve- nience and necessity and to protect the pub- lic peace, health and safety of the City and its residents, the City Council has deter- mined that this Ordinance shall be adopted as an urgency measure. SECTION 2. Section 19. 63.030 of the Azusa Municipal Code is hereby amended to read as follows: "19.63.030 SPECIAL REGULATIONS. All uses subject to the provisions of this Chapter shall comply with all of the regulations contained in this Title, 19, and the following regulations: (1) That no adult business shall be permitted in any zone other than a C-2 or less restrictive zone; and (2) That no adult business shall be permitted within five hundred (500) feet of a residential zone, either within or outside the city limits of the City of Azusa; and (3) That prior to establishing or conducting any adult business, a conditional use permit therefor shall be obtained. The Planning Commission shall approve an application for a conditional use permit for an adult business as described above, or conditionally approve such application with conditions per- taining to the matters set forth below, where the information submitted by the applicant and/or presented at the public hearing substantiates the following findings: 1. That the proposed use will be consistent with the general plan; 4399.1 -1- 2. That the requested use at the proposed location will not: (a) Adversely affect the health, peace, comfort, or welfare of persons residing or working in the sur- rounding area; or (b) Be materially detrimental to the use, enjoyment or valuation of property of others located in the vicinity of the site; or (c) Jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare; and 3 . That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in Title 19 of the Azusa Municipal Code, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and 4. That the proposed site is adequately served by highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and by other public or private service facilities as are required; and 5. That the requested use at the proposed location is sufficiently buffered in relation to residentially zoned areas within the immediate vicinity so as not to adversely affect such areas; and 6. That the exterior appearance of the building or structure on which the use is located will not be inconsistent with the external appearances of commercial buildings or struc- tures already constructed or under construction within the immediate neighborhood so as to cause blight, deterioration, or substantially diminish or impair property values within the neighborhood. (5) Decisions. Each decision by the Commission authorizing or denying a Conditional Use Permit under this Chapter 19.63, must be a formal and numbered resolution. The hearing on the Conditional Use Permit shall be held in the same time and manner as set forth in section 19. 60.080 of this Code. The Commission shall make its findings and determination within thirty-five days from the date of completion of the hearing on such application, and shall forthwith transmit copies thereof to the applicant and to the City Clerk. Upon the failure of the Commission to make a determination within the time limit herein specified, it shall lose jurisdiction and the applicant may, within twenty days thereafter, appeal to the City Council in the same time and manner as set forth in section 19. 60. 130. The hearing on the appeal shall be held not more than thirty days after the City Council receives the record from the Planning Commission as set forth in section 19.60.130. The Council shall make its findings and determination within thirty days from the date of completion of the hearing on the appeal, and shall forthwith transmit copies thereof to the applicant. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitution- al by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance or any part thereof. The City Council hereby declares that it would have passed each and every section, subsection, subdivision, paragraph, sentence, clause or phrase, irrespective of the fact that any one or more sections, subsec- 4399.1 -2- tions, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and post or publish it as required by law. This Ordinance shall take effect immediately upon adoption. PASSED, APPROVED AND ADOPTED this 18thday of February , 1992. 1:71." MAYOR I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 18th day of February , 1992, by the following vote of the Council. ___,7"--,_,-A_Z / g /2/ /11 CLE v - AYES: COUNCILMEMBERS : DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS : NONE ABSENT: COUNCILMEMBERS : NONE 4399.1 -3-