HomeMy WebLinkAboutOrdinance No. 2361 ORDINANCE NO. 2361
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AZUSA EXTENDING A MORATORIUM PROHIBITING
THE ISSUANCE OF LAND USE ENTITLEMENTS FOR ALL
MULTI-FAMILY RESIDENTIAL, WITH CERTAIN EXCEPTIONS,
FOR PARCELS WITHIN THE CITY OF AZUSA GENERALLY
BOUNDED BY FIRST STREET ON THE SOUTH, FOOTHILL
BOULEVARD ON THE NORTH, SAN GABRIEL AVENUE ON THE
WEST, AND PASADENA AVENUE ON THE EAST.
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 multi-family
residential land uses in the area bounded by First Street on the
south, Foothill Boulevard on the north, San Gabriel Avenue on the
west, and Pasadena Avenue on the east. Over the past two years,
the Council has received numerous complaints from citizens
relating to the increase in multi-family residential buildings in
the area without adequate regard for density, conflicts with
single-family residential structures, parking, open space,
recreational facilities, architectural style and setbacks. The
study is reviewing the adequacy of the current zoning code
provisions with respect to such uses and other planning and
zoning concerns with respect to these types of structures. 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 multi-family residential uses in the area of the City bounded
by First Street on the south, Foothill Boulevard on the north,
San Gabriel Avenue on the west, and Pasadena Avenue on the east.
Notwithstanding the foregoing provisions, however, projects which
filed an application for City zoning approvals or for plan check
or building permit approvals or other authorization, on or before
January 19, 1987, shall not be subject to this moratorium.
Further, 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 build-
ing or structure, and does not result in an increase in the
square footage of such building or structure.
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. 2341 imposing this moratorium with respect
to multi-family residential land uses in the area bounded by
First Street on the south, Foothill Boulevard on the north, San
Gabriel Avenue on the west, and Pasadena Avenue on the east.
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
10 months and 15 days. This extended the moratorium up to an
including January 1, 1988 . On December 21, 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 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 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 21st day of December,
1987.
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. 2361 was
duly adopted and passed as an Urgency Ordinance at a regular
meeting of the City Council on the 21st day of December, 1987, by
the following vote, to wit:
AYES: COUNCILMEMBERS: CRUZ , LATTA, MOSES
NOES: COUNCILMEMBERS: COOK
ABSENT: COUNCILMEMBERS: AVILA
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CITY CL