HomeMy WebLinkAboutOrdinance No. 2400 ORDINANCE NO. 2400
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AZUSA, AMENDING CHAPTER 19 OF THE
AZUSA MUNICIPAL CODE RELATING TO
CONDITIONAL USE PERMITS FOR EXISTING BARS
AND COCKTAIL LOUNGES.
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa,
does hereby find, determine and declare that:
A. The change in the amendment to the Zoning
Code, as set forth below, was duly initiated and
notice of public hearings thereon were duly given
and published in accordance with applicable law.
Public hearings thereon were duly held by the
Planning Commission of the City of Azusa on
February 22, 1989, and by the City Council of the
City of Azusa on April 3, 1989.
B. On February 22, 1989, the Planning
Commission of the City of Azusa by Resolution No.
89-3 recommended to the City Council that Code
Amendment No. 162 be approved.
C. The City Council has considered all of
the information presented to it at the public
hearing held on April 3, 1989 , and finds,
determines and declares that the public necessity,
convenience, general welfare and good zoning
practice require that the Zoning Code be amended in
the manner proposed by Code Amendment No. 162 .
Prior to the adoption of this Ordinance, existing
bars or cocktail lounges were not required to
obtain conditional use permits to maintain
operations. This amendment simply requires
existing bars or cocktail lounges which were not
previously required to obtain conditional use
permits to meet the same requirements as other bars
and cocktail lounges in the City.
D. The City Council further finds,
determines and declares that the Zoning Code
amendments set forth in this Ordinance are
consistent with the general plan of the City of
Azusa and each element thereof.
E. In taking this action, the City Council
considered the effects of the decision on the
health, safety and morals of the City and it takes
this action to promote and advance order,
convenience, prosperity and the general welfare of
the public.
SECTION 2. Sections 19 . 24. 041, 19 . 24 .042, 19 . 24 .043,
19 . 24.044, 19 . 24 . 045, 19 . 26 .020(mm) , and 19 . 34. 031( 68) shall
be added to read as follows: :
"19.24.041 BARS AND COCKTAIL LOUNGES -
CONDITIONAL USE PERMIT REQUIRED. New and
existing bars or cocktail lounges which have
not previously been approved under a
Conditional Use Permit, shall have ninety (90)
days from the effective date of this Ordinance
in which to obtain such Permit in accordance
with the procedures of Chapter 19 .60 .
"19.24.042 GRANTING PERMIT - FINDINGS AND
CONSIDERATIONS. The Planning Commission may
not grant a Conditional Use Permit for a bar
or cocktail lounge unless it finds that such
use at the proposed location will be
consistent with the goals and objectives of
the Azusa General Plan and that its operation
will not adversely affect the public peace,
health, safety, general welfare or surrounding
property values . In granting such a permit,
the Planning Commission may impose such
conditions as are necessary and proper to
prevent any such adverse effect. In
determining whether a Conditional Use Permit
will be granted or, if granted, the nature and
extent of the conditions imposed thereon, the
Planning Commission shall consider the
following:
( 1) Nature and use of real property
within five hundred ( 500) feet of the
use;
( 2) Appropriate measures to provide
proper maintenance of the buliding
exteriors, including keeping the premises
free of junk, litter and debris;
( 3) Lighting of exterior areas,
including parking lots, to discourage
activities outside of the building;
( 4) Protection of persons residing on or
using adjacent real property from noise,
odors and undue light and glare from the
use;
( 5) Provision of on-site security, both
inside and outside the building, to
satisfy any concerns raised by the Azusa
Police Department over the use;
( 6) Off-street parking provide for the
use;
(7) Hours of operation of the use;
(8) Controls on occupancy limits inside
the building and loitering outside the
building;
-2-
jfr/ORD1012
( 9 ) Prevention of adverse effect of the
use on value of adjacent real property.
The Planning Commission may adopt a resolution or
resolutions setting forth specific standards to implement
the foregoing.
"19.24.043 COMPLIANCE WITH CONDITIONS OF
APPROVAL - TIME. If the Planning Commission grants
a Conditional Use Permit, the Applicant shall have
ninety (90) days in which to comply with any
conditions of approval imposed on the permit. The
Planning Commission may modify such compliance
period as appropriate depending on the nature and
extent of the conditions imposed. In determining
whether the compliance period should be modified,
the Planning Commission shall consider, as
applicable, the following:
( 1) The severity of the maintenance problems
and the time required to implement appropriate
measures to rectify such problems;
( 2) The nature of the security needs and any
special requirements or conditions of the
Azusa Police Department which must be met;
( 3) The time required to secure all necessary
permits, licenses and/or approvals required by
law, resolution, or Ordinance.
"19.24.044 ABATEMENT OF NONCONFORMING USE.
(a) If the Planning Commission denies the
Conditional Use Permit, the jexisting bar or
cocktail lounge shall be considered a legal
non-conforming use as of the effective date of
this Resolution, and shall be abated three
years from said date.
(b) The Planning Commission may establish a
longer abatement period where a Conditional
Use Permit for an existing bar or cocktail
lounge has been denied. In determining
whether the abatement period shall be extended
in individual cases, the Planning Commission
may consider the following factors, as
applicable: the amount of investment or
original cost of the use or structure; cost of
relocation; present or actual depreciated
value; date of construction; amortization for
tax purposes; salvage value; l remaining useful
life; the length of the remaining term of the
lease under which the use is maintained;
extent of the nonconformity; and the harm to
the public if the structure remains standing
or the use is permitted to continue beyond the
prescribed abatement period.
"19.24.045 REVOCATION OF PERMIT. The
Conditional Use Permit provided for in this
Resolution may be revoked as provided in Section
19 .60.150 of this Code.
-3-
jfr/ORD1012
"19.26.020(mm) and 19.34.031(68) . New and
existing bars or cocktail lounges which have not
previously been approved under a Conditional Use
Permit shall have ninety (90) days from the
effective date of this Resolution in which to
obtain such Permit in accordance with the
procedures of Chapter 19 .60 and the requirements of
Sections 19 . 24 .041-19.24.045. "
"19.27.020[4(a) ] . . "Bar or cocktail lounge,
with new or existing bars or cocktail lounges which
have not previously been approved under a
Conditional Use Permit required to obtain such
Permit within ninety (90) days from the effective
date of this ordinance in accordance with the
procedures of Chapter 19 .60 and the requirements of
Sections 19 . 24 .041 through 19 . 24.045. "
"Section 19.32.020[b(1) ] "Retail or wholesale
stores, businesses . . . stipulated in Section
19 . 24.040(6) ; new or existing bars or cocktail
lounges which have not been previously approved
under a Conditional Use Permit shall have ninety
(90) days from the effective date of this Ordinance
in which to obtain such Permit in accordance with
the procedures of Chapter 19 .60 and the
requirements of Sections 19 . 24.041 through
19 . 24 . 0945. "
SECTION 3 . The City Clerk shall certify to the
passage of this ordinance and shall cause the same to be
published as required by law.
PASSED AND APPROVED this 1st day of May
1989 .
#/4(( il°4A-g-
MAYOR
ATTEST:
/ CITY L RK
-4-
jfr/ORD1012
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.
2400 was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the
17th day of April , 1989. That thereafter , said
Ordinance was duly adopted and passed at a regular meeting
of the City Council on the 1st day of May
1989, by the following vote, to wit:
AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
/ -7/ 7/
CITY CLERK
-5-
jfr/ORD1012