HomeMy WebLinkAboutOrdinance No. 2271 ORDINANCE NO. 2271
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF AZUSA EXTENDING A MORATORIUM
PROHIBITING ISSUANCE OF LAND USE ENTITLEMENTS FOR
CERTAIN DEFINED PERMANENT DANCE HALLS PERMITTING PATRONS
UNDER THE AGE OF EIGHTEEN IN ALL ZONES OF THE CITY.
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 the City Administrator/Chief of Police and
Director of Planning and Community Development have been studying
the adequacy of the zoning ordinance with respect to permanent
dance halls permitting persons under the age of 18 (eighteen )
to attend. The study is generated by citizen concerns and
concerns of the City Council with regard to these types of
"teen clubs" and the effect they will have upon the surrounding
land uses. The study is reviewing the provisions of the Azusa
Municipal Code relating to these uses and addressing concerns
related to parking facilities , setback requirements from the
street and surrounding structures, privacy requirements for
neighboring structures, interior and exterior security measures,
fire safety measures , noise problems , vibration problems,
and compatibility of such use with surrounding commercial
and industrial uses. The types of clubs under study present
unique problems not otherwise associated with dance halls
because of the ages of the patrons, the intensity of use of
such clubs, the substantial problems experienced by surrounding
land uses of such dance halls in the cities of Los Angeles,
Pasadena, and Ontario which were not present with other types
of dance halls, and the fact that by not serving alcoholic
beverages such dance halls do not come under the strict regulations
and scrutiny of the Alcoholic Beverage and Control Commission.
City Council action will be required to evaluate the result
of this study of the problem and to implement any recommendations
developed therefrom.
SECTION 2. Pending the conclusion of the study 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 public dance halls allowing
patrons under the age of 18 (eighteen) years and which prohibit
the service of alcoholic beverages . Nothing in this ordinance
shall be construed to prohibit a teen-age dance otherwise
permitted by the provisions of Chapter 8 . 12 of the Azusa Municipal
Code.
SECTION 3 . 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 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
which are hereby found and determined to exist. 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 plan
which may be adopted by the Council as a result of the studies
and problems addressed in Section 1. in that current development
at this time involving the prohibited uses would perpetuate
the zoning and land use problems which are being studied and
which Council action thereon would seek to remedy.
SECTION 4. On May 6, 1985, the City Council enacted
Ordinance No. 2266 imposing this moratorium on uses relating
to permanent dance halls permitting patrons under 18 (eighteen )
years. On June 17, 1985, 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 to the passage
of this ordinance as an urgency ordinance and shall cause
the same to be published as required by law.
PASSED AND APPROVED this 17th day of June, 1985 .
Yai;
OR
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA
I, CONSTANCE LARA, Deputy City Clerk of the City of Azusa, do
hereby certify that the foregoing Ordinance No. 2271 was
duly adopted and passed as an urgency ordinance at a regular
meeting of the City Council on the 17th day of June, 1985,
by the following vote to wit :
AYES: COUNCILMEMBERS: CRUZ, COOK, CAMARENA, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
MP,
DEPUTY CITY C ERK