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HomeMy WebLinkAboutOrdinance No. 2369 Nftwe ORDINANCE NO. 2369 AN INTERIM URGENCY ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA IMPOSING A MORATORIUM PROHIBITING THE ISSUANCE OF LAND USE ENTITLEMENTS FOR ALL MULTI- FAMILY RESIDENTIAL USES WITHIN THE CITY OF AZUSA THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Azusa does hereby find, determine and declare that: A. 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 within the City' s jurisdiction. Over the past year 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, traffic, open space, recreational facilities, architectural style and setbacks. Citizens and staff have expressed concern as to the adequacy of the City' s infrastructure; particularly, water and sewer to accommodate increased multi-family growth. The study shall determine to what extent the Land Use Element of the City' s General Plan is in need of revision; whether the existing zone classifications of properties zoned in the City zoned R-3a, R-3b, R-3c and R-GA (hereinafter "Designated Zones" ) are appropriate and proper and, whether the zoning regulations applicable to the Designated Zones are adequate and appropriate (hereinafter collectively referred to as "Studies" ) ; and B. That this City Council has directed the staff to commence the Studies as expeditiously as possible. It is contemplated that recommendations will be made for revisions to the current zoning ordinance and/or Land Use Element of the General Plan to address the problems identified. Council action will be required to evaluate the results of the Studies and to implement as deemed appropriate any recommendations developed from the Studies; and C. The City Council further finds and determines that the absence of this ordinance would create a serious threat to the orderly and effective implementation of any land use or zoning plans which may be adopted by the City Council as a result of said Studies, in that current development of the Designated Zones would perpetuate the zoning and land-use problems which such actions seek to remedy. The City Council further recognizes that any more intensified development of the Designated Zones would permit zoning and land uses which may be in conflict with or frustrate the contemplated revisions to the Land Use Element and Zoning Code provisions; and D. While this ordinance is in effect, no land use entitlement, permit (including building permit) , approval, zone clearance, Precise Plan approval, occupancy permit, or other land use authorization shall be issued by the City of Azusa, its officers, employees, servants or agents relating to multi-family residential development within the City of Azusa. Nor shall the City of Azusa, its officers, employees, servants or agents accept applications relating to multi-family residential property in the City of Azusa. 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 April 4, 1988, shall not be subject to this moratorium. Further, notwithstanding the foregoing provisions, however, a building permit or other authorization may be issued for repairs or maintenance of structures in the Designated Zones, provided that the cost of such repairs or maintenance does not exceed twenty-five percent (25%) 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. E. Pursuant to California Government Section 65858, the City Council hereby finds and determines that a current and immediate threat to the public health, safety or welfare of the City and its citizens necessitates the immediate enactment of this Ordinance. The facts constituting such an urgency are set forth above in Sections 1(a) and 1(c) of this Ordinance. F. In taking this action, the City Council has considered the effect of this decision on the housing needs of the region in which the City is located and balanced these needs against the public service needs of the City' s residents and available fiscal and environmental resources. SECTION 2. This Ordinance shall be effective immediately upon its adoption; provided that the provisions of this Ordinance, notwithstanding any other provision hereof, shall not be deemed to prohibit any development, redevelopment, construction, reconstruction, or use: A. As to a vested right under a lawful issued building permit; B. As to any R-1 or R-2 residential structure. SECTION 3. When practical difficulties or unnecessary hardships occur by reason of this Ordinance or -2- djf/ORD7631 any of its provisions, a conditional use permit ( "C.U.P. " ) may be granted pursuant to Section 19.60 et seq. of the Azusa Municipal Code. 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 for a period of forty-five (45) days from the date of its adoption pursuant to the provisions of Government Code Section 65858. Upon the expiration of this ordinance, the 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 4th day of April 1988. X:Ad" STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, Adolph A. Solis , City Clerk af the City of Azusa, do hereby certify that the foregoing Ordinance No. 2369 was duly adopted and passed as an urgency ordinance at a regular meeting of the City Council on the 4th day of April , 1988. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 4th day of April , 1988, by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, CRUZ , LATTA, MOSES NOES: COUNCILMEMBERS: COOK ABSENT: COUNCILMEMBERS: NONE V Ad(I TY CLERK -3- djf/ORD7631