HomeMy WebLinkAboutOrdinance No. 2363 ORDINANCE NO. 2363
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 the 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 conerns 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
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 atmosphere, 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. This extended the moratorium up to and
including January 17, 1988. On January 4, 1988, 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 public
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 4th day of January,
1988.
-#1/1 .17?.
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. 2363 was
duly adopted and passed as an Urgency Ordinance at a regular
meeting of the City Council on the 4th day of January, 1988, by
the following vote, to wit:
AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ , LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Z/1
CITY CLERK