HomeMy WebLinkAboutOrdinance No. 96-O4 ORDINANCE NO. 96-04
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
AZUSA, CALIFORNIA, PROHIBITING THE
ESTABLISHMENT OF CHURCH USES WITHIN THE
CENTRAL BUSINESS DISTRICT ZONE FOR A PERIOD OF
ONE (1) YEAR, PENDING THE COMPLETION OF A
STUDY OF CHURCH USES IN THE CITY'S DOWNTOWN
AREA AND THE ADOPTION OF ANY AND ALL
AMENDMENTS TO THE CITY'S LAND USE REGULATIONS
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. This interim urgency ordinance is adopted
pursuant to Section 65858 of the California Government
Code.
SECTION 2 . The City of Azusa shall not issue or approve
any building permit, conditional use permit, variance,
precise plan of design or other land use entitlement for
any church use on any property within the Central
Business District Zone ("CBD Zone") during the time that
this interim ordinance is in effect. For purposes of
this ordinance, the term "church use" shall be deemed to
mean any property utilized primarily as a place of
worship or for holding religious services, and may
include as accessory uses attendant, fellowship halls,
offices, classrooms and no more than one dwelling unit to
be occupied by an employee of a church.
SECTION 3 . The City Council hereby finds, determines and
declares that this interim urgency ordinance adopted
pursuant to California Government Code Section 65858 is
necessary because:
A. The establishment of church uses in the CBD
Zone presents an immediate threat to the public
welfare in that the City has recently received
numerous inquiries regarding the establishment of
church uses in the CBD Zone. The City has
commenced an extensive marketing and land-use study
for the CBD Zone in an effort to revitalize and
increase economic development in the downtown
commercial areas. The City has also begun
preparing proposed amendments to the City's Zoning
Code. These amendments, if approved by the City
Council, will impact the CBD Zone. Church uses in
the CBD Zone may be incompatible with the marketing
goals and land use policies for the downtown area
that the City has invested much time and money
developing. The City must prohibit church uses in
the CBD Zone while staff completes its marketing
and land use studies and its study on the impact of
church uses in the CBD Zone on commercial
activities.
B. The approval of land use entitlements in the
CBD Zone for church uses would result in a threat
to public welfare in that such land use may be
incompatible with the goals being developed to
revitalize the City's downtown commercial areas to
increase economic development in the City. The
establishment of church uses in the CBD Zone would
decrease space available for commercial uses which
generate revenue for the City. If church uses are
approved in the CBD Zone, they may prove to be
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harmful to the viability of the downtown area as a
commercial center. Additionally, church uses
create noise, parking and traffic impacts that may
be incompatible with the City's downtown area which
is designed for pedestrian traffic along the
commercial store fronts. The City has received
numerous complaints from citizens and business
owners about noise and traffic generated from an
existing church use in the CBD Zone. These
complaints have prompted the City to initiate a
study of the impacts of church uses on the CBD
Zone. To allow the approval of land use
entitlements for church uses in the CBD Zone at
this time while the City's Zoning Code may be
amended and while City staff is conducting studies
concerning church uses in commercial areas could
result in inconsistent land uses and policies which
would be harmful to the public welfare.
C. A moratorium on the establishment of new
churches in the downtown are was enacted on May 15,
1995 under an interim urgency ordinance (Ordinance
No. 95-010) , and extended through a second interim
urgency ordinance enacted on June 20, 1995
(Ordinance No. 95-014) . Since the adoption of the
second ordinance, staff has continued the process
of reviewing the provisions of the Zoning Chapter
(Chapter 86) of the Azusa Municipal Code to deal
more effectively with this issue. However,
finalizing the necessary revisions to the Azusa
Municipal Code require additional time to
accomplish than is provided for under the extended
moratorium.
SECTION 4. Ten days prior to the expiration of the
previously adopted interim urgency ordinance, a written
report was issued describing the measures which the City
has taken to alleviate the conditions which led to the
adoption of the previous ordinance.
SECTION 5. This interim urgency ordinance extending the
moratorium shall take effect immediately upon its
adoption by a four-fifths vote of the City Council.
This interim urgency ordinance shall continue in effect
through, and including, May 14, 1997, and__ shall
thereafter be of no further force and effect, Prior
to the expiration of 15 days from the passage of this
interim urgency ordinance, thecrzinance, or a summary
of the ordinance, along with the names of the City
Councilmembers voting for and against the ordinance,
shall be published in a newspaper of general circulation
in the City of Azusa.
Passed, approved and adopted this 6th day of
May , 1996.
I .1(-4
Mayo, of the City of Azusa
Stephen Alexander
ATTEST
Aoe
AdolphSo/ s, City C
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r
,
I, Adolph Solis, City Clerk of the City of Azusa, do
hereby certify that the foregoing Ordinance No. 96-O4was duly
introduced and approved and adopted at a regular meeting of the
City Council on the 6th day of May , 1996, by the
following vote, to wit:
AYES: Hardison,Madrid, Beebe, Alexander
NOES: Naranjo
ABSENT:None
/ I7 II
/ L. /t moi/
City Clerk
APPROVED AS TO FORM:
si,tie
A-e,vili
City Attorney
BEST, BEST & KRIEGER
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