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HomeMy WebLinkAboutOrdinance No. 2202 ' II ORDINANCE NO. 2202 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA IMPOSING A MORATORIUM PROHIBITING ISSUANCE OF LAND USE ENTITLE- MENT FOR ALL USES INVOLVING THE SALE OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES, OTHER THAN IN CONNECTION WITH A BONA FIDE RESTAURANT OR EATING PLACE WITH CERTAIN EXCEPTIONS THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Azusa finds and declares that since October 3 , 1983 , and at various times prior thereto, the interim City Administrator and the Director of Planning and Community Development have been studying the adequacy of Title 19 (Zoning) of the Azusa Municipal Code with respect to uses serving alcoholic bever- ages on the premises, except for uses serving alcoholic beverages on the premises in connection with a bona fide restaurant or eating place. The study is reviewing the adequacy of current code provisions with respect to said uses' parking facilities, other facilities within the struc- ture, the relationship of the uses to other uses such as churches, residences and schools and other planning and zoning concerns . The study was generated by citizen com- plaints and it is contemplated that recommendations will be made for changes in the current provisions of the Code to correct problems being identified. Council action will be required to evaluate the results of the studies of the problem and to implement any recommendations developed there- from. SECTION 2 . Pending the conclusion of such studies and Council action thereon, no land use entitlement, permit (including building permit) , approval, zone clearance, or other land use authorization shall be issued, nor shall applications therefor be accepted, by the City of Azusa or its officers, agents, or employees, relating to uses involving the sale of alcoholic beverages for consumption on the premises, other than in connection with a bona fide restaurant or eating place, except, however, a building permit may be issued for minor alterations to existing structures where the construction does not result in the expansion of the capacity of the use. SECTION 3 . Pursuant to Government Code Sections 36934 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 and its citizens and, accordingly, the provisions of this ordinance shall become effective at once as an urgency ordinance. The facts con- stituting such urgency are set forth in Section 1 of this ordinance. In addition thereto, the City Council finds and determines that the absence of this ordinance would create a serious threat to the orderly and effective implementation of any zoning or land use plans which may be adopted by the Council as a result of said studies in that current develop- ment of the affected properties would not be subject to any such new plans and would perpetuate the zoning and land use problems which such actions would seek to remedy. SECTION 4 . Pursuant to Government Code Section 65858 this ordinance shall be effective for a period of forty-five (45) days from the date of the adoption hereof, provided, however, that after notice pursuant to said Section 65858 and public hearing, this ordinance may be extended as provided for therein. 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, irrespec- tive of the fact that any one or more of said provisions may be declared to be invalid. SECTION 6 . This ordinance shall become effective immediately upon its adoption. SECTION 7 . The City Clerk shall certify the adoption of this ordinance as an urgency ordinance. SECTION 8 . 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 19th day of December 1983 . ✓• Xaw MAYO 1x44.4.1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss . CITY OF AZUSA ) I , ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. .0D-, was duly adopted and passed as an urgency at a regular meeting of the City Council on the 19th day of December , 1983, by the following vote to wit: AYES: COUNCILMEMBERS: CRUZ , LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ._,fir.; = �• - sot , CIT CLERK -2- Publish Azusa Herald: January 4, 1983