HomeMy WebLinkAboutOrdinance No. 2248 ORDINANCE NO. 2248
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF AZUSA IMPOSING A MORATORIUM PRO-
HIBITING ISSUANCE OF LAND-USE ENTITLEMENTS
FOR ALL USES INVOLVING THE RETAIL SALE OF
ALCOHOLIC BEVERAGES IN THE CBD (CENTRAL
BUSINESS DISTRICT) ZONE OTHER THAN IN CONNEC-
TION 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,
determines and declares that since August, 1984, and at various
times prior thereto, the City Administrator and the Director of
Planning and Community Development have been studying the ade-
quacy of Title 19 (zoning) of the Azusa Municipal Code with respect
to retail sales of alcoholic beverages in the CBD (Central Business
District) zone. The study is reviewing the adequacy of current
code provisions with respect to the parking facilities of said
uses, other facilities within the structure, the relationship
of the uses to other uses such as churches, residences and schools,
and other planning and zoning concerns in connection with the
City' s comprehensive reivew of the zoning ordinance. The study
was generated by citizen complaints and the City Council ' s con-
tinuing study and development of the CBD zone. It is contemplated
that recommendations will be made for changes in the current pro-
visions of the code to correct problems being identified. Council
action will be required to evaluate the results of the studies of
the problem and implement any recommendations developed therefrom.
SECTION 2. Pending the conclusion of such studies and
Council action thereon, no land-use entitlement, permit (including
building permit) , approval, zone clearance, precise plan approval,
occupancy permit, 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 in the
CBD zone involving off-sale liquor licenses, liquor stores, or
any retail sales of alcoholic beverages, either alone or in connec-
tion with the sale of nonalcoholic items or other uses. The pro-
visions of this section shall not apply to a bona fide restaurant
or eating place. Further, notwithstanding the provisions of this
section, a building permit may be issued for alterations to
existing structures where the construction does not result in
the expansion of the capacity of the use related to the retail
sale of alcoholic beverages.
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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 provi-
sions of this ordinance shall become effective at once as an
urgency ordinance. The facts constituting 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 ordi-
nance 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
development of the affected properties would perpetuate the zoning
and land-use problems which such actions would seek to remedy.
SECTION 4. 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 5. This ordinance shall become effective
immediately as an urgency ordinance. This ordinance shall be
effective for a period of 45 days from its adoption pursuant to
the provisions of Government Code Section 65858 . Upon the expira-
tion of this ordinance, the City Council reserves the right to
extend the ordinance for a period of 10 months and 15 days and,
subsequently, to extend such interim ordinance for a period of
one year pursuant to the authority granted by Section 65858 of
the Government Code.
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 AND APPROVED this 3rd day of December ,
1984.
MAYOR
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. 2248 was duly
adopted and passed as an urgency ordinance at a regular meeting
of the City Council on the 3rd day of December , 1984 , by
the following vote, to wit:
AYES: COUNCILMEMBERS: CRUZ , CAMARENA, LATTA, MOSES
NOES: COUNCILMEMBERS: COOK
ABSENT: COUNCILMEMBERS: NONE
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• ADOLPHLIS, CITY CLERK
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