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HomeMy WebLinkAboutOrdinance No. 2418 `' ORDINANCE NO. 2418 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA EXTENDING A MORATORIUM PROHIBITING THE ISSUANCE OF ALL LAND USE ENTITLEMENTS FOR PERMANENT AND TEMPORARY SHELTERS FOR THE HOMELESS 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. Proposals have been made to use warehouses, armories and other similar buildings to house homeless persons on a temporary basis. While the City Council encourages the efforts of all public and private organizations to assist homeless people in their time of need, the Council is concerned with whether the use of such facilities as permanent or temporary shelters for the homeless is an appropriate use of those facilities given concerns about land use planning and concerns for the safety of the persons who would be using them as a permanent or temporaty homeless shelter. B. The use of a warehouse, armory or other similar facility as a temporary or permanent shelter for the homeless raises many questions concerning the safety of such buildings for that particular use. The questions concern the adequacy of light, ventilation, heat, sanitary facilities, open space facilities, recreational facilities, and food facilities. C. Of particular concern to the Council is the issue of seismic safety. Warehouse, armories and similar facilities are the lowest on the priority scale for earthquake safety rehabilitation because so few people use those buildings. To change the use to a permanent or temporary shelter for the homeless would substantially increase the number of people using the facility, thereby changing its classification and requiring greater earthquake safeguards. D. The Council is also concerned with fire safety. As a warehouse, armory or other similar use, concerns with fire are important, but limited by the fact that only equipment or goods could be destroyed. To transform the use into one of a dormitory for many people raises additional issues concerning the adequacy of life safety devices, ingress and egress to the facility, sprinklering systems, open space separations, fire resistant walls and doors and smoke alarms. E. There are also substantial land use planning concerns raised by the transformation or use of warehouses, armories and similar buildings to temporary or permanent shelters for the homeless. The compatibility of such uses with adjoining school, residential and commercial areas must be evaluated. Additionally, the impact of heavy manufacturing and potentially toxic substances used in the areas upon the shelter must also be evaluated. F. In adopting this ordinance, the City Council considered the effects of the action upon the housing needs of the region in which the City is located and balanced those needs against the public service needs of the people and City residents and available fiscal and environmental resources. G. Without the immediate enactment of this ordinance it would be impossible for the City and its staff to adequately study the issues raised and to implement the findings of such studies in a workable and fair regulation of temporary and permanent shelters for the homeless. If such shelters are allowed to go in without study of the issues relating to them and without there being in place specific regulations governing them, the problems described in this section of this ordinance will occur with the City having little or no power to rectify them. SECTION 2. The City Council hereby orders the City staff to undertake a comprehensive study of the provisions of the Azusa Municipal Code relating to the regulation of temporary and permanent shelters for the homeless. This study shall include the issues described in Section 1 of this ordinance as well as other issues relating to homeless shelters and shall review the adequacy of the current regulatory controls relating to planning, zoning, life safety and building standards and other regulatory matters. The study shall also review the regulation of the use of such shelters in connection with the housing element of the General Plan. It is anticipated that recommendations will be made for changes in the current provisions of the Code to implement the findings of said study and to correct the problems identified. City Council action will be required to evaluate the results of the studies of the problem and issues and to implement any recommendations developed therefrom. SECTION 3. Upon the adoption of this ordinance and pending the conclusion of the studies described in Section 2 and Council action thereon, no land use entitlement, permit (including all building permits and similar permits) , approvals, zone clearances, finding of general plan consistency, inspection reports, inspection certifications, land use authorizations, or similar permits, actions or authorizations shall be issued, nor shall applications therefor be accepted by the City of Azusa or its officers, agents or employees, relating to the development, construction, or use of any structure within the City for use as a temporary or permanent shelter for the homeless or as a temporary or permanent dormitory. In the event any person determines that the application of this ordinance would cause an undue hardship or substantial deprivation of property rights, they may obtain said permit upon issuance by the City Council of a conditional use permit pursuant to the provisions of the Azusa Municipal Code relating to conditional use permits. SECTION 4. 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, its citizens and all people, and, accordingly, the provisions of the ordinance shall become effective immediately upon its adoption. The facts constituting such urgency are set forth in Section 1 and elsewhere in this ordinance. In addition thereof, the Council finds, determines and declares that the absence of this ordinance would create a serious threat to the orderly and effective implementation of any zone or land use plans which may be adopted by the Council as a result of the studies described herein, in that current development at this time of the affected uses would perpetuate the problems and concerns which said studies seek to identify and to remedy. - 2 - 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. On August 31, 1989, the City Council enacted Ordinance No. 2411 imposing this moratorium on all land use entitlements for permanent and temporary shelters for the homeless within the City of Azusa. On October 2, 1989, the City 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. 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 of this ordinance and elsewhere, for a period of 10 months and 15 days from the date of adoption hereof, provided however, that after notice pursuant to Section 65858 and an additional public hearing, this ordinance may be extended again as provided for therein. SECTION 7. 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 2nd day of October, 1989. 11/0424410 addriL 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. 2418 was duly adopted and passed as an urgency ordinance at a regular meeting of the City Council on the 2nd day of October, 1989, by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NARANJO /71. 5YTY CLERK - 3 -