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HomeMy WebLinkAboutOrdinance No. 2340 ORDINANCE NO. 2340 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA EXTENDING A MORATORIUM PROHIBITING THE ISSUANCE OF ALL LAND USE ENTITLEMENTS, WITH CERTAIN LIMITED EXCEPTIONS, FOR PARCELS WITHIN THE CITY OF AZUSA IN THE AREA GENERALLY BOUNDED BY THE CITY LIMITS ON THE WEST, EIGHTH AVENUE AND ITS WESTERLY EXTENSION ON THE NORTH, FOOTHILL BOULEVARD ON THE SOUTH, AND VERNON AVENUE ON THE EAST. THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. The Redevelopment Agency of the City of Azusa has been formally studying the development of industrial uses within the West End Redevelopment Project Area within the City of Azusa and, in particular, the area set forth on Exhibit "A" ("Study Area") . The purpose of such study is to implement the West End Redevelopment Plan in order to increase employment and business opportunities in the Study Area. In connection with that study, the City Council of the City of Azusa has directed the Community Development Director, the Planning Department and the Planning Commission to undertake the development of a specific plan for the Study Area and a study of the zoning uses in the Study Area and changes which will need to be made in order to conform to and implement the West End Redevelopment Project for the Study Area. The development of the specific plan and zoning study shall also review the adequacy of current code provisions with respect to the potential uses in the Study Area and the compatability of them with the surrounding properties, the adequacy of parking facilities, setback requirements from the street and surrounding structures, privacy requirements, height requirements, use restrictions, and the relationship to other uses in the area, and the impact upon City facilities and services serving the Study Area. It is contemplated that recommendations will be made for changes in the current provisions of the Zoning Code and General Plan to implement the changes contemplated and to correct the problems identified. City 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, or other land use authorizations shall be issued nor shall applications therefor be accepted by the City of Azusa or its officers, agents or employees, relating to any uses within the City of Azusa on parcels or property within the Study Area unless the Redevelopment Agency of the City of Azusa has formally approved a Disposition and Development Agreement, or an Owner Participation Agreement. 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 costs of such repairs or maintenance does not exceed 25 percent 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. 1 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 specific plan, zoning or land use plans which may be adopted by the Council as a result of said studies in that current development at this time of the affected properties would perpetuate the zoning and land use problems which such actions would seek to remedy. SECTION 4. On February 3, 1986, the City Council enacted Ordinance No. 2305 imposing this moratorium on uses for parcels within the City of Azusa in the area generally bounded by the City limits on the west, Eighth Avenue and its westerly extension on the north, Foothill Boulevard on the south, and Vernon Avenue on the east. On March 17, 1986, the Council held a hearing pursuant to Government Code Section 65858 relating to extension of this moratorium for an additional period of 10 months and 15 days by enacting Ordinance No. 2309 . This extended the moratorium up to and including February 1, 1987 . On January 19, 1987, 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, 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 19th day of January, 1987. gro!.. 711021e-- MAYOR 2 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. 2340 was duly adopted and passed as an Urgency Ordinance at a regular meeting of the City Council on the 19th day of January, 1987, by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ , LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A' 41r C ! Y CLERK 3