HomeMy WebLinkAboutOrdinance No. 2309 ORDINANCE NO. 2309
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AZUSA EXTENDING A MORATORIUM
PROHIBITING ISSUANCE OF LAND USE ENTITLEMENTS
FOR CERTAIN DEFINED PERMANENT DANCE HALLS
PERMITTING PATRONS UNDER THE AGE OF EIGHTEEN
IN ALL ZONES OF THE CITY.
THE CITY COUNCIL OF THE CITY OF AZUSA DEOS ORDAIN
AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa
finds and declares that the City Administrator/Chief of Police and
Director of Planning and Community Development have been studying
the adequacy of the zoning ordinance with respect to permanent
dance halls permitting persons under the age of 18 (eighteen) to
attend. The study is generated by citizen concerns and concerns
of the City Council with regard to these types of "teen clubs"
and the effect they will have upon the surrounding land uses. The
study is reviewing the provisions of the Azusa Municipal Code
relating to these uses and addressing concerns related to parking
facilities, setback requirements from the the street and
surrounding structures, privacy requirements for neighboring
structures, interior and exterior security measures, fire safety
measures , noise problems, vibration problems and compatibility of
such use with surrounding commercial and industrial uses. The
types of clubs under study present unique problems not otherwise
associated with dance halls because of the ages of the patrons,
the intensity of use of such clubs, the substantial problems
experienced by surrounding land uses of such dance halls in the
cities of Los Angeles, Pasadena, and Ontario, which were not present
with other types of dance halls, and the fact that by not serving
alcoholic beverages such dance halls do not come under the strict
regulations and scrutiny of the Alcoholic Beverage and Control
Commission. City Council action will be required to evaluate the
result of this study of the problem and to implement any recommenda-
tions developed therefrom.
SECTION 2. Pending the conclusion of the study and
Council action thereon, no land use entitlement permit (including
building permit) , approval, zone clearance, or other land use
authorization shall be issued, nor shall applications therefor
be accepted by the City of Azusa or its officers, agents or
employees, relating to public dance halls allowing patrons under
the age of 18 (eighteen) years and which prohibit the service
of alcoholic beverages. Nothing in this ordinance shall be
construed to prohibit a teen-age dance otherwise permitted by the
provisions of Chapter 8. 12 of the Azusa Municipal Code.
SECTION 3. Pursuant to Government Code Sections
36934, 36937 and 65858, the City Council of the City of Azusa
hereby declares this ordinance to be an urgency ordinance requiring
the immediate enactment thereof because the same is necessary
for the immediate preservation of the public peace, health, safety
and general welfare of the City and its citizens and, accordingly,
the provisions of this ordinance shall become effective at once
as an urgency ordinance. The facts constituting such urgency
are set forth in Section 1. of this ordinance which are hereby
found and determined to exist. In addition thereto, the City
Council finds and determines that the absence of this ordinance
would create a serious threat to the orderly and effective
implementation of any zoning or land use plan which may be adopted
by the Council as a result of the studies and problems addressed
in Section 1. in that current development at this time involving
the prohibited uses would perpetuate the zoning and land use problems
which are being studied and which Council action thereon would
seek to remedy.
SECTION 4. On May 6, 1985, the City Council
enacted Ordinance No. 2266 imposing this moratorium on uses relating
to permanent dance halls permitting patrons under 18 (eighteen)
years. On June 7, 1985, the Council held a hearing pursuant to
Government Code Section 65858 relating to the extension of this
moratorium for an additional period of 10 months and 15 days by
enacting Ordinance No. 2271. This extended the moratorium up to
and including May 2 , 1986. On April 21, 1986, the Council held a
hearing pursuant to Government Code Section 65858 relating to the
extension of this moratorium for an additional period of one ( 1 )
year. After reviewing the material presented at this hearing and
carefully considering the comments presented, the Council hereby
extends the moratorium as set forth in Section 2 . of this
ordinance for a period of one (1 ) year from the effective date of
this ordinance.
SECTION 5. If any section, subsection, sentence,
clause, phrase, or word of this ordinance is for any reason held to be
invalid by a court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Azusa hereby declares
that it would have passed and adopted this ordinance and each
and all provisions thereof irrespective of the fact that any one
or more of said provisions may be declared to be invalid.
SECTION 6 . This ordinance shall become effective
immediately upon its adoption.
SECTION 7 . The City Clerk shall certify to the
passage of this ordinance as an urgency ordinance and shall cause
the same to be published as required by law.
PASSED AND APPROVED this 21st day of April, 1986.
MA O
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA
I, ADOLPH A. SOLIS, City Clerk of the City of Azusa
do hereby certify that the foregoing Ordinance No. 2309 was duly
adopted and passed as an urgency ordinance at a regular meeting
of the City Council on the 21st day of April, 1986, by the following
vote to wit:
AYES: COUNCILMEMBERS: AVILA, COOK, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: CRUZ
CI Y C ERK
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