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HomeMy WebLinkAboutOrdinance No. 2346 ORDINANCE NO. 2346 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 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 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 sale of merchandise in a swap meet or flea market type atmosphere. 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 has been reviewing the adequacy of current code provisions with respect to the parking facilities of said uses, other facilities within the structrue, 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 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 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, 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 1 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. 2339 imposing this moratorium with respect to land uses involving the sale of merchandise in a swap meet or flea market type of atmposphere, in commercial and manufacturing zones within the City. On March 2, 1987, 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. 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 10 months and 15 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. tv 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. 2346 was duly adopted and passed as an Urgency Ordinance at a regular meeting of the City Council on the 2nd day of March, 1987, by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, COOK, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CRUZ / / ,• / ,1 / / / � ,,+ • CIf2Y CLERK 3