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HomeMy WebLinkAboutOrdinance No. 92-O13 ORDINANCE NO. 92-013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA EXTENDING ORDINANCE NO. 92-011, PROHIBITING ALL RESIDENTIAL LAND USE ENTITLEMENTS FOR NEW HOUSING UNITS FOR ALL THOSE PROPERTIES WITHIN THE CITY OF AZUSA ZONED R-3a, R-3b, AND R-3c AND P EXCEPTING SINGLE FAMILY AND DUPLEX UNITS, THOSE PROPERTIES WHICH HAVE ALREADY RECEIVED BUILDING PERMITS, AND THOSE PROJECTS APPROVED BY THE REDEVELOPMENT AGENCY BOARD, FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS PENDING THE COMPLETION OF A STUDY CONCERNING DENSITY AND DEVELOPMENT STANDARDS FOR SUCH ZONES AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY'S GENERAL PLAN AND/OR MUNICIPAL CODE REQUIRED THEREBY, AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Azusa hereby finds, determines and declares as follows: A. On February 18, 1992 , the Azusa City Council adopted as an urgency measure Ordinance No. 92-011, which prohibited all residential land use entitlements for new housing units for all those properties within the City of Azusa zoned R-3a, R-3b, and R-3c and P excepting single family and duplex units, those properties which have already received building permits, and those projects approved by the Redevelopment Agency Board, on an interim basis pending the completion of a study concerning density and development standards for such zones and the adoption of any and all amendments to the City's General Plan and/or Municipal Code required, for a period of 45 days; and B. The interim measures imposed by said Ordinance No. 92-011 expired on April 3 , 1992; and C. Said Ordinance No. 92-011 was enacted in response to the concerns of the residents of Azusa about the effect of density on the environment and the quality of life and particularly that the R-3a, R-3b, R-c and P zoned properties are being developed too quickly and at maximum density presently permitted under the Azusa General Plan and Municipal Code; and D. Said Ordinance No. 92-011 was also enacted in response to resident complaints that development in the R- 3a, R-3b, R-c and P zones is taxing the City's services, including but not limited to, water, sewer, fire and police, and creating increased traffic and parking congestion within such residential neighborhoods; and E. Because of the foregoing, such overdevelopment presently is, and/or is fast becoming, a threat and hazard to the public peace, safety, and welfare of the residents in the immediate neighborhoods in which this development is occurring as well as to the City of Azusa as a whole and is denying to the residents the quiet enjoyment of their properties to which they are entitled. 10904.1 F. By said Ordinance No. 92-011, the City Council directed the Azusa City Planning Commission and the Azusa City Planning Staff to immediately undertake a study of the current land use designations and/or development standards including density for the R-3a, R-3b, and R-3c zones, which study may result in amendments to the Azusa General Plan and Title 19 of the Azusa Municipal Code, for the purpose of updating and revising those development standards set forth therein involving multiple family residences in the zones; and G. Since these studies have not as yet been concluded, the City of Azusa desires to extend said Ordinance No. 92-011 for a period of ten (10) months and fifteen (15) days or until such time as said studies are completed and/or amendments to the Azusa Municipal Code or the Azusa General Plan are in place, whichever occurs first; and, H. Pursuant to Government Code Section 65858, notice of hearing upon said proposed extension was duly given, and such hearing was duly held before the Azusa City Council on April 6, 1992 . SECTION 2 . This Ordinance is adopted pursuant to the authority of section 65858 of the Government Code. SECTION 3 . Ordinance No. 92-011, is hereby extended commencing on April 6, 1992 for an additional ten (10) months and fifteen (15) days or until such time as the City's studies are completed and/or amendments to the Azusa Municipal Code or the Azusa General Plan are in place, whichever occurs first, in order to permit the Azusa City Planning Commission and the Azusa City Planning Staff sufficient time to duly consider the studies and for the Azusa City Council to enact those standards and/or ordinances which it may deem appropriate and necessary to protect the public health, safety and welfare. SECTION 4 . Except for those R-3a, R-3b, R-3c, and P properties for which building permits have already been validly issued by the City, applications for any and all land use entitlements for new housing units (excluding single family and duplex units) on R-3a, R-3b, and R-3c and P properties, including but not limited to building permits, shall not be accepted nor shall permits for pending applications for development in said zones be issued by the City of Azusa nor shall building permits be issued for any development entitlement previously approved pending said study and the conclusion thereof. Excepted from this prohibition shall be redevelopment projects in those zones located in existing redevelopment areas which are approved by the Redevelopment Agency Board. SECTION 5. This interim ordinance shall take effect immediately upon the date of its adoption by not less than a four-fifths vote of the Azusa City Council and upon its expiration may be extended for a period of one year, after notice pursuant to Government Code section 65090 and public hearing pursuant to Government Code section 65858 . SECTION 6. Ten days prior to the expiration of this ordinance, or an extension thereof, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of this ordinance. SECTION 7 . This ordinance is hereby declared to be an urgency measure necessary for the immediate protection of the public health, safety and welfare. This Council hereby finds that there is a current and immediate threat to the public health, safety and welfare. The facts constituting such agency 10904.1 are as follows: Permitting the acceptance of applications for the hereinabove described land use entitlements for new housing units in the zones affected is necessary to prevent the circumvention of any subsequent development of the said properties should the City Council adopt those revisions to the City's general plan and/or Title 19 of the Municipal Code which may result from such a study. SECTION 8. This ordinance shall become effective immediately. The City Clerk shall certify to the adoption of this and shall cause the same to be posted or published as required by law. ADOPTED AND APPROVED THIS 6TH DAY OF APRIL, 1992 . #11/14i. MAYOR I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the City Council of the City of Azusa at a meeting thereof held on the 6th day of April, 1992 by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSN: COUNCI EMBER : NONE ' ITY CLERK 10904.1