HomeMy WebLinkAboutOrdinance No. 2345 ORDINANCE NO. 2345
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AZUSA EXTENDING A MORATORIUM PROHIBITING
THE ISSUANCE OF LAND USE ENTITLEMENTS FOR ALL
USES INVOLVING MINI-MALLS, AS DEFINED, WITH
CERTAIN LIMITED EXCEPTIONS WITHIN THE CITY OF AZUSA.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN
AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa
has directed the City Administrator and Director of Planning and
Community Development to study the adequacy of Title 19 (Zoning)
of the Azusa Municipal Code with respect to land uses involving
the establishment of mini-malls as defined in this ordinance.
Over the past few months, staff and the Council have received
numerous complaints relating to the establishment of mini-malls
within the City. Such malls have often been constructed without
proper regard for architectural style, parking, density,
landscaping, and traffic impacts. The study has been reviewing
the adequacy of the current code provisions with respect to
further regulation of the parking, architectural style,
landscaping, traffic requirements for such uses, and other
planning and zoning concerns in connection with the City's
comprehensive review of the zoning ordinance. It is contemplated
that recommendations will be made for changes in the current
provisions of the Code to address the problems being identified.
Council action will be required to evaluate the results of the
studies of the problem and to implement any recommendations
developed therefrom.
SECTION 2 . Pending the conclusion of the studies
and Council action thereon, no land use entitlement, permit
(including building permits) , approval, zone clearance, Precise
plan approval, occupancy permit, 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 uses in the commercial and manufacturing zones of the City
involving mini-malls. "Mini-malls" as used in this ordinance
shall mean any structure or group of structures containing three
or more retail commercial units with direct access from the
front of such commercial units to a common parking lot.
Notwithstanding the foregoing provisions, however, a building
permit or other authorization may be issued for repairs or
maintenance of structures in the Study Area, provided that the
cost of such repairs or maintenance does not exceed twenty-five
percent (25%) of the replacement value of the building or
structure, and does not result in an increase in the square
footage of such building or structure. Further, notwithstanding
the foregoing provisions, however, the foregoing provisions shall
not apply to a mini-mall where the application for a city zoning
approval or building permit or plan check was filed on or before
January 19, 1987 .
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. 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 plans which may be adopted by the Council as a
result of said studies and that the current development of the
affected properties would perpetuate the zoning and land use
problems which such actions would seek to remedy.
SECTION 4 . On January 19, 1987, the City Council
enacted Ordinance No. 2342 imposing this moratorium with respect
to land uses involving the establishment of mini-malls within
the City. On February 27, 1987, the Council held a public
hearing pursuant to Government Code Section 65858 relating to the
extension of this moratorium for an additional period of
ninety (90) days. 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 ninety (90) days from
the date of adoption hereof, provided, however, that after notice
pursuant to Section 65858 and an additional public hearing, this
Ordinance may be extended again as provided for therein.
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 2nd day of March, 1987.
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MAYOR
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. 2345 was
duly adopted and passed as an Urgency Ordinance at a regular
meeting of the City Council on the 17th day of February, 1987, by
the following vote, to wit:
AYES: COUNCILMEMBERS: AVILA, CRUZ, LATTA, MOSES
NOES: COUNCILMEMBERS: COOK
ABSENT: COUNCILMEMBERS: NONE
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C CLERK