HomeMy WebLinkAboutOrdinance No. 2397 ORDINANCE NO. 2397
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 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 addres the problems
identified. Council action will be required to evaluate
the results of the Studies and to implement as deemed
appropriate any recommendtions 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, is officers, employees,
servants or agents relating to multi-family reidential
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
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 any of its
provisions, a conditional use permit ("C.U.P. ") may be granted
pursuant to Section 1960 et seq. of the Azusa Municipal Code.
SECTION 4. If any section, subsection, sentence,
clause, phrase or word o 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.
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Nor Now
SECTION 5. On April 4, 1988, the City Council enacted
Ordinance No. 2369 imposing this moratorium on land uses for all
multi-family residential uses within the City. On May 16, 1988,
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 March 31, 1989. On March 20,
1989, 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 1 (D) of this Ordinance for a period
of one (1) year from the effective date of this Ordinance.
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, APPROVED AND ADOPTED this 20th day of March,
1989.
'YOR
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. 2397 was duly
adopted and passed as an urgency ordinance at a regular meeting
of the City Council on the 20th day of March, 1989, by the
following vote, to wit:
AYES: COUNCILMEMBERS: STEMRICH, NARANJO, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: AVILA
CITY CLERK
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