HomeMy WebLinkAboutOrdinance No. 2342 ORDINANCE NO. 2342
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF AZUSA ESTABLISHING A MORATORIUM
PROHIBITING THE ISSUANCE OF LAND-USE ENTITLE-
MENTS 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
hereby directs the City Administrator and the 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 shall review the adequacy of the
current code provisions with respect to further regulation
of the parking, architectural style, landscaping, traffic
impact, appropriate locations, conditional use permit
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 recommen-
dations 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 recommenda-
tions developed therefrom.
SECTION 2. Pending the conclusionof such studies
and Council action thereon, no land-use entitlement, permit
( including building permit) , 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. Notwith-
standing 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 the provisions of
Government Code Sections 36934 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 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. 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 provi-
sions may be declared to be invalid.
SECTION 5. This ordinance shall become effective
immediately as an urgency ordinance. This ordinance shall
be effective for a period of thirty (30) days from the date
of its adoption pursuant to the provisions of Government
Code Section 65858. Upon the expiration of this ordinance,
the Council reserves the right to extend the ordinance for
additional periods of time pursuant to the authority granted
by Section 65858 of the Government Code.
SECTION 6. The City Clerk shall certify the
adoption of this ordinance as an urgency ordinance and shall
cause the same to be published as required by law.
PASSED AND APPROVED this 19th day
of January , 1987 .
67MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, ADOLPH SOLIS, City Clerk of the City of Azusa,
do hereby certify that the foregoing Ordinance No. 2342
was duly adopted and passed as an urgency ordinance at a
-2-
regular meeting of the City Council on the 19th day
of January , 1987, by the following vote, to wit:
AYES: COUNCILMEMBERS: AVILA, CRUZ, LATTA, MOSES
NOES: COUNCILMEMBERS: COOK
ABSENT: COUNCILMEMBERS: NONE
ADOLPH / LIS, CITY C RK
-3-