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HomeMy WebLinkAboutOrdinance No. 2390 ORDINANCE NO. 2390 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTIONS 19 . 04.040 , 19. 22. 040 AND 19. 26.020( 2) ( jj ) OF THE AZUSA MUNICIPAL CODE RELATING TO SALE OF ALCOHOL AT AUTOMOBILE SERVICE STATIONS 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 as follows: A. The change in amendment to the Zoning Ordinance set forth below was duly initiated, and notices of public hearings thereon were duly given and published in accordance with applicable law. B. Public hearings were duly held by the Planning Commission of the City of Azusa on November 9, 1988, and by the City Council of the City of Azusa on December 19, 1988. C. On November 9, 1988, the Planning Commission of the City of Azusa by Resolution No. 2624 recommended to the City Council that the change in the zoning ordinance set forth below be adopted. D. The City Council has considered all of the information presented to it at the public hearing held on December 19, 1988, and finds, determines and declares that the public necessity, convenience, general welfare and good zoning practice require that the zone text amendment set forth in this ordinance be made based upon the fact that the change in text is now required by Business & Professions Code Section 23790 . 5. E. The City of Azusa has officially adopted a General Plan. The City Council finds, determines and declares that the zone text amendment set forth below is consistent with the objectives, policies and programs specified in the General Plan of the City of Azusa and the elements thereof. F. In taking this action the City Council considered the effects of the decision on the housing needs of the region in which the City is located and balanced those needs against the public service needs of the City residents and available fiscal and environmental resources. SECTION 2 . Section 19 . 04.040 of the Azusa Municipal Code is hereby amended to read as follows: 19.04.040 AUTOMOBILE SERVICE STATION. "Automobile service station" means a retail place of business engaged primarily in the sale of motor fuels, but also supplying goods and services generally required in the operation and maintenance of motor vehicles and in the fulfilling of the motorists ' needs. This includes, for all motor vehicles when conducted outside the service station building, and for vehicles of one and one-half tons or less rated capacity when conducted within the service station building, the sale of petroleum products, tires, batteries, accessories, lubrication items, and the supplying of other customer services or products, the performance of minor emergency repairs, and the servicing of spark plugs, batteries, ignition systems, carburetors, water hose, fan belts, brake fluid, light bulbs, wiper blades, blade arms, tires ( including breakdown) , and brake adjustments. This also includes, for vehicles of one and one-half ton or less rated capacity when conducted within the service station building, the sale and servicing of fuel pumps, fuel lines, mufflers, exhaust pipes, floor mats, seat covers, grease retainers, wheel bearings, universal joints, cleaning and repairing of carburetors, repair of tires, cleaning and flushing of radiators, repair of electrical wiring, installation of brake shoes, repair of brake cylinders, steam-cleaning, and washing, polishing and waxing. All painting, body and fender repair, tire recapping, and the rental of other heavy equipment and the sale and rental of other merchandise, other than specified above, is excluded. Other uses, if permitted, in the zone where the automobile service station is located, may be conducted in conjunction with an automobile service station, unless otherwise prohibited and subject to the limitation of that zone. The sale of alcoholic beverages in service stations is subject to the limitations of the zone where the automobile service station is located. SECTION 3 . Section 19 . 22 .040 of the Azusa Municipal Code is hereby amended to read as follows: 19 . 22.040 CONDITIONAL USES. The following uses in the Freeway Service Zone are permitted by Conditional Use Permit issued pursuant to provisions of Chapter 19 .60: (1) Restaurants serving alcoholic beverages and commercial recreation facilities such as bowling alleys, skating rinks, gymnasia, recreational parks, bars and cocktail lounges; ( 2) Social halls, lodges, fraternal organiza- tions and club facilities; (3) Drive-in theaters, open air theaters, stadia (except for animal or auto racing, which are expressly excluded) , golf courses and other enter- prises of an essentially open nature; -2- pmt/ORD5946 ( 4) Public and quasi-public uses of a recreational, cultural or religious nature; ( 5) Automobile service stations, mini- markets, and other drive-in businesses, provided that the sale of alcoholic beverages in automobile service stations shall be subject to the following provisions: (a) Findings for approval of the conditional use permit shall be based on substantial evidence in view of the whole record to justify the ultimate decision. (b) No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler as of January 1, 1988. (c) No advertisement of alcoholic beverages shall be displayed at motor fuel islands. (d) No sale of alcoholic beverages shall be made from a drive-in or drive-up window. (e) No display of beer or wine shall be made from an ice tub. ( f) No self-illuminated advertising for beer or wine shall be located on buildings or windows. (g) Employees on duty between the hours of 10 : 00 p.m. and 2 :00 a.m. shall be at least 21 years of age to sell beer and wine. ( 6) Retail commercial centers with three or more tenants and less than thirty thousand square feet of leasable floor area in accordance with the findings stipulated in Section 19.24.040( 6) . ( 7) Any other use which the Planning Commission finds necessary to serve and sustain other uses permitted in the district and which will not impair the present or potential use of adjacent properties . The Planning Commission may require that the need for sustaining services be demonstrated by a market analysis, if it deems such an analysis necessary. SECTION 4. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published in the manner required by law. PASSED AND APPROVED this 16th day of January 1989 . 466;6Y R -3- pmt/0RD5946 '441/ NIFe STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS. CITY OF AZUSA I, CONSTANCE LARA, Deputy City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2390 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 3rd day of January , 1989 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 16th day of January , 1989, by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 411P:6 DEPUTY CITY K -4-