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HomeMy WebLinkAboutOrdinance No. 92-O26 ORDINANCE NO. 92-026 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTIONS 19.63 . 020 AND 19. 63.030 OF THE AZUSA MUNICIPAL CODE RELAT- ING TO ADULT BUSINESSES (CODE AMENDMENT NO. 185 . ) 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. E. That on March 25, 1992, the Planning Commis- sion of the City of Azusa held a duly noticed public hearing, at which time the Planning Commis- sion recommended to the City Council by Resolution No. 92-32 that the Azusa Municipal Code be amended to add special regulations relating to appropriate screening of materials and to amend the findings required to approve a conditional use permit; and F. That on May 4, 1992, the City Council gave first reading to the proposed ordinance approving Code Amendment No. 185, revising the City's adult business regulations. At that time, the Council directed staff to include an additional change to this amendment. This change would add distancing requirements for adult businesses from schools, churches, parks and playgrounds to the current requirements for separation from residential zoned properties; and G. That in 1990, staff conducted a study to determine the number and location of all parcels in Azusa on which an adult business could be located. Properties were identified which were zoned C2, C3, M1 or M2 and which were at least 500 feet from any residentially zoned land. At that 21930.1 -1- time, a total of 296 such parcels were identified. Most of these properties were located in the western portion of the City; and H. That as a result of the Council's direction to add additional distancing requirements, the planning staff conducted an additional study to determine the effects, if any, of these additional requirements on the ability of an adult business to locate in the City of Azusa; and I. That the addition of a requirement that all adult businesses also be located at least 500 feet from churches, schools, parks and playgrounds would have little effect on the possible locations for adult businesses. Most of such sensitive uses are currently situated on residentially zoned property, which would be subject to the existing distancing requirements. Zacatecas Park and the church located at the corner of Aspan Avenue and First Street are the only such uses which would further constrict the location of adult business- es. If the proposed change in the distancing requirements were imposed, only four (4) addition- al parcels would be restricted from having adult businesses. These parcels include the old County sewage treatment plant at the western end of First Street and three parcels developed with industrial buildings on Aspan Avenue; and J. That some additional parcels could be re- stricted in the future if additional churches or parks were established in the western portion of Azusa. Existing zoning restrictions on these uses would minimize these impacts. Most of these designated parcels are zoned M1 or M2. These zones do not permit private schools and only permit churches on parcels which are within 100 feet of residentially zoned property. This limits future churches to parcels on the periphery of this area, where they would only minimally reduce the number of nearby parcels on which adult busi- nesses could be located. It is also unlikely that future public schools or parks would be estab- lished within these commercial and industrial areas, reducing the potential for future conflicts between such uses and proposed adult businesses; and K. That it would appear that the proposed addi- tion of the distancing requirements for adult businesses from schools, churches, parks and playgrounds would have little negative impact on the ability of adult businesses to locate in Azusa and would therefore provide additional protection to sensitive land uses without compromising the legality of the City's adult business ordinance or the constitutional protections provided to such businesses; and L. That the public interest, necessity and convenience require that the Azusa Municipal Code be amended as set forth below. 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 21930.1 -2- 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) a residential zone, either within or outside the city limits of the City of Azusa; and (b) a school; (c) a church; (d) a park; and (3) That all adult materials shall be displayed or stored in a separate section of the store behind a wall or opaque screen or otherwise screened from public view and clearly marked 'Adults only - No one under 18 admitted' ; and (4) 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, 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; 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 21930.1 -3- 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- 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 2ntlay of July , 1992 . 45064 YOR I HEREBY CERTIFY that the foregoing Ordinance No. 92-026 was regularly introdiced and placed upon its first reading at the regular meeting of the City Council on the 7th day of J-ly, 1992 . That thereafter, said Ordinance was duly adopted and passed at the regular meeting of the City_ Council on the 20th day of July, 1992 by the following vote to wi : n // __, .// CI1CLERK AYES: COUNCILMEMBERS :MADRID, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS :NONE': ABSENT: COUNCILMEMBERS :DANGLEIS 21930.1 -4- L � ORDINANCE NO. 92-025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTION 19.60. 120 OF THE AZUSA MUNICIPAL CODE PERTAINING TO CONDITION- AL USE PERMITS (CODE AMENDMENT NO. 184) THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOL- LOWS: SECTION 1. That the City Council of the City of Azusa does hereby find, determine and declare as follows: A. That in an effort to ensure that the City's general conditional use permit regulations are consistent with the special use permit provisions pertaining to adult business and other regulations, and to preserve the public interest, convenience and necessity and to protect the public peace, health and safety of the City and its residents, the City Council has determined that this Ordinance shall be adopted as an urgency measure. B. That the public interest, necessity and conve- nience require that the Azusa Municipal Code be amended as recommended by the Planning Commission; and C. That on March 25, 1992, the Planning Commission of the City of Azusa held a duly noticed public hearing, at which time the Planning Commission recommended to the City Council by Resolution No. 92-31 that the Azusa Municipal Code be amended to add specified findings required to approve a conditional use permit. SECTION 2 . Section 19.60. 120(b) of the Azusa Municipal Code is hereby amended to read as follows: "19. 60. 120(b) . Conditional Use Permits. The Planning Commission shall approve an application as described above 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; 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 21926.1 -1- would generate, and by other public or private service facilities as are required. 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- 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 day of 20th of July , 1992. 451415"2"4- I HEREBY CERTIFY that the foregoing Ordinace No. 92-025 was regularly introduced and placed upon its first reading at the regular meeting of the City Council on the 7th day of July, 1992 . That thereafter, said Ordinance was -duly adopted and_ passed at the regular meeting of the. City Council on the 20th day of July, 1992 Iy the foil wing vo ,e to wit: ,7 ', /_ CITY LERK AYES: COUNCILMEMBERS : MADRID, NARANJO, ALXANDER, MOSES NOES: COUNCILMEMBERS : NONE ABSENT: COUNCILMEMBERS : DANGLEIS 21926.1 -2-