HomeMy WebLinkAboutOrdinance No. 2339 ORDINANCE NO. 2339
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF AZUSA ESTABLISHING A MORATORIUM
PROHIBITING THE ISSUANCE OF LAND-USE
ENTITLEMENTS FOR ALL USES INVOLVING THE SALE
OF MERCHANDISE IN A SWAP MEET OR FLEA MARKET
ATMOSPHERE IN COMMERCIAL AND MANUFACTURING
ZONES WITHIN THE CITY
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 sale of merchandise in a swap
meet or flea market type atmosphere. Over the past two
weeks, staff has received numerous inquiries relating to the
sale of used items in an indoor swap meet atmosphere. In
reviewing the City' s zoning code, staff found that there is
little or no zoning regulation of multiple vendors inside a
single building. The impetus for establishing indoor swap
meets appears to be the result of a new indoor swap meet on
Arrow Highway and Hollenbeck Avenue in the unincorporated
area of Covina at the former Ole' s Hardware building. The
study shall review the adequacy of current code provisions
with respect to the parking facilities of said uses, other
facilities within the structure, the relationship of the
uses to other surrounding 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 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 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 the sale of new
and/or used items in a "swap meet" or "flea market" type
operation wherein individual vendors rent space on property
or within a building on an hourly, daily or weekly basis for
the purpose of display or sales.
SECTION 3. Pursuant to 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 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 . 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 5 . This ordinance shall become effective
immediately as an urgency ordinance. This ordinance shall
be effective for a period of 45 days from the date of its
adoption pursuant to the provisions of Government Code
Section 65858. Upon the expiration of this ordinance, the
City 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 .
1/1146
MAYOR �
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. 2339
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
ABSE T: COUNCILMEMBERS: NON
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ADOL/ SOLIS, CITY C ERK
pmt/ORD4576
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