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HomeMy WebLinkAboutOrdinance No. 2209 New sup, ORDINANCE NO. 2209 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA EXTENDING A MORATORIUM PROHIBITING ISSUANCE OF LAND USE ENTITLEMENTS 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 beverages 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 structure, 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 complaints 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 therefrom. 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 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 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 development of the affected properties would perpetuate the zoning and land use problems which such actions would seek to remedy. SECTION 4. On December 19 , 1983 , the City Council enacted Ordinance No. 2202 imposing this moratorium on all uses relating to 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. On January 16 , 1984 , 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. 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 2 of this ordinance 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 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. 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 16th day of January, 1984 . iipostiA, 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. 2209 was duly adopted and passed as an urgency ordinance at a regular meeting of the City Council on the 16th day of January, 1984 , by the following vote to wit: AYES: COUNCILMEMBERS : CRUZ, COOK, CAMARENA, LATTA, MOSES NOES : COUNCILMEMBERS : NONE ABSENT: COUNCILMEMBERS : NONE CI CL 'K Publish A7usa Herald: 2/1./84 Page 2