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HomeMy WebLinkAboutOrdinance No. 97-O9 ORDINANCE NO. 9 7-09 AN INTERIM URGENCY ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA,ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 TO TEMPORARILY PROHIBIT CERTAIN LAND USES WITHIN THE CITY WHEREAS, the City of Azusa (the "City") regulates land uses within the City limits pursuant to the provisions of Chapter 88 of the Azusa Municipal Code, among other provisions and statutory and regulatory authority; and WHEREAS, on May 19, 1997,the City adopted an interim urgency ordinance to temporarily prohibit certain land uses within the City; and WHEREAS, the interim urgency ordinance is due to expire on July 3, 1997; and WHEREAS, the City may receive applications to establish a residential facility in which emotionally disturbed juveniles would be located("Juvenile Home Uses"); and WHEREAS, the City may also receive applications to establish a non-public school use,herein generally defined as full-time or part-time educational instruction provided to children and young adults in lieu of attendance by such children and young adults in public elementary, middle or high schools, and exclusive of Day Care Centers -- Adult and Day Care Centers -- Children,as such terms are defined in Chapter 88 of the Azusa Municipal Code("Non-Public School Uses")and such Non-Public School Uses either may or may not be associated with Juvenile Home Uses; and WHEREAS, Juvenile Home Uses, Non-Public School Uses and similar uses involve the interpretation and application of the City's zoning ordinances and the City's Municipal Code; and WHEREAS, the City's zoning ordinances do not currently expressly permit or prohibit Juvenile Home Uses or similar uses in any zone within the City; and WHEREAS, Juvenile Home Uses,Non-Public School Uses and similar uses may have significant impacts upon residential, commercial and industrial uses located nearby the establishment of Juvenile Home Uses, Non-Public School Uses and similar uses, and other residential, commercial and industrial uses may have significant impacts upon Juvenile Home Uses, Non-Public School Uses or similar uses wherever they may ultimately be located; and WHEREAS, there is a current and immediate threat to the public health, safety and welfare if Juvenile Home Uses,Non-Public School Uses or similar uses are permitted,without study and reasoned analysis by City Staff and further consideration by the City Council of where Juvenile Home Uses,Non-Public School Uses or similar uses should be located, because the placement of Juvenile Home Uses or Non-Public School Uses or similar uses at different locations within the City will likely affect the use and enjoyment of residents and businesses located nearby, and such residents and businesses will likely affect the use and enjoyment of property by Juvenile Home Uses, Non-Public School Uses or similar uses, and there will likely be traffic, safety, noise, physical, structural and other impacts resulting form the location of Juvenile Homes Uses,Non-Public School Uses and similar uses within the City; and Page 1 of 3 Ordinance No. 97-09 Page 2 of 3 WHEREAS, City Staff are authorized and directed during the moratorium established by this Ordinance to promptly undertake and diligently and continuously prosecute to completion a study and analysis of the compatibility of Juvenile Home Uses, Non-Public School Uses and similar uses with other uses within the City to determine where Juvenile Home Uses,Non- Public School Uses and similar uses should be permitted within the City; and WHEREAS, California Government Code Section 65858 authorizes the City Council,without following the procedures otherwise required for the adoption of a zoning ordinance and in order to protect the public safety, health and welfare,to adopt by a four-fifths (4/5) vote as an urgency measure an interim ordinance such as this Ordinance to prohibit for no longer than ten (10) months and fifteen (15) days any new uses which may be in conflict with a contemplated zoning proposal; and WHEREAS, after notice and public hearing, such an interim ordinance can be extended by the City Council for ten(10)months and fifteen(15) days and,thereafter, for another year, if necessary; and WHEREAS, it is the present intention of the City Council to keep this interim Ordinance in effect only until the City Council adopts an ordinance pertaining to the permitted location of Juvenile Home Uses,Non-Public School Uses and similar uses as part of a contemplated zoning proposal. 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 Council hereby finds and determines that the adoption of this Ordinance is necessary for the immediate protection of the public health, safety and welfare because it is necessary to clarify Chapter 88 of the Azusa Municipal Code and other provisions of the Municipal Code with regard to the uses specified hereinafter because, in turn, approval of such new uses under the zoning ordinances as currently written would likely result in incompatibility with surrounding uses. SECTION 3. No application for a Juvenile Home Use, Non-Public School Use, "convalescent facility", "community care facility", "hospital", "institutional use", "drug abuse recovery or treatment facility", "group home" serving seven(7)or more persons, "nursing home", "large family day care home", "non-public school" or similar use shall be approved, nor shall any building or land use permit relative thereto be issued, in any zone within the City while this Ordinance is in effect. SECTION 4. The terms and provisions of this Ordinance are deemed to be severable and if any administrative tribunal or court of law should invalidate any one or more terms or provisions of this Ordinance, it is the intent of the City Council that the remaining terms and provisions remain in full force and effect. Page 2 of 3 Ordinance No. 97-09 Page 3 of 3 SECTION 5. The Mayor shall sign this Ordinance, and the City Clerk shall attest thereto and shall within fifteen(15) days of its adoption cause it to be published in a newspaper published and circulated in the City of Azusa. Pursuant to California Government Code Section 65858,this Ordinance shall take effect immediately as an urgency measure and shall remain in effect through and including July 3, 1998, unless earlier repealed. PASSED, APPROVED AND ADOPTED this 30 day of June , 1997. CRIS74/ A CRUZ-MADRID MAYOR OF THE CITY OF AZUSA ATTEST: I ,/i A)OLPH i LIS, 'T CLERK STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } CITY OF AZUSA } I,Adolph Solis, City Clerk of the City of Azusa,do hereby certify that the foregoing Ordinance No.97-09 was duly introduced and adopted as an urgency ordinance by a four-fifths (4/5)vote at a regular meeting of the City Council on the 30 day of June , 1997,by the following vote,to wit: AYES: Hardison,Stanford,Rocha,Beebe,Madrid NOES: None ABSENT: None ADOLPH ;fes . CITY CLERK APPROVED AS TO FORM: t/L(C. 'BEST, BEST & KRIEGER CITY ATTORNEY Page 3 of 3