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Ordinance - 1559ORDINANCE NO. 1559 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, EXTENDING AN INTERIM ORDINANCE RELATING TO ATHLETIC CLUBS AND GYMNASIUMS ON PROPERTY WITHIN ALL ZONES FOR A PERIOD OF EIGHT (8) MONTHS. (Urgency Measure) . The City Council of the City of West Covina does ordain as follows: SECTION 1: That the City Council of the City of West Covina does hereby find, determine and declare,as follows: a. That Interim Ordinance No. 1546, was adopted on June 14, 1982, to allow a sufficient period of time for the City's Zoning Department and Planning Commission to make a complete study and review as to the precise nature of permanent zoning regulations to be imposed in connection with athletic clubs and gymnasiums in order to protect existing commerical and residential areas in the City from adverse downgrading and deleterious effects, said interim ordinance will expire on October 14, 1982, prior to the conclusion of the study and review and the adoption of such permanent zoning regulations; and b: That this City Council has been advised that certain businesses, such as but not limited to, gymnasium and athletic club businesses have been proposed to be located within areas of the City which are zoned for non-residential uses, and are adjacent to residential areas; which businesses have provided for and will . provide services and facilities for activities such as reducing, exercising, weightlifting, swimming, spas, hot tubs, :racke'tball or handball on the premises either as a primary use, integral part of, or incidental use to said businesses; and C. That pursuant to Section 65856 of the Government Code, notice was given and a public hearing was held on._September i2,1; 1982, and testimony received with respect to the extension of Ordinance No. 1546. d. That experience in this City has demonstrated that such uses could have objectionable operational characteristics and provide inadequate parking facilities thereby having a deleterious effect upon surrounding development and neighborhood. e. That the present zoning regulations of the City do not provide adequate control over the establishment of such uses within the City; and f. That it appears that special zoning regulations applicable to these and other similar uses is necessary to preserve the integrity of the existing residential and non- residential areas of the City which are located in proximity to such uses; and g. That to allow such uses to be located in such areas without any interim regulations and control could have the effect of frustrating the, contemplated zoning proposal, as above described; and h. That the public interest, convenience and necessity required that a more intensivestudy be conducted by the Zoning Department making it apparent that an amendment will not be formulated prior to the expiration of the urgency measure and that this Ordinance be immediately adopted for the reasons above set forth. SECTION 2. That notwithstanding any other provision of the . `Nest Covina Municipal Code, during such time as this Ordinance is in full force and effect, no person shall establish, or permit to be established upon any real property located within the City, any business such as but not limited to, a gymnasium or athletic club upon the pre- mises of which services and faciiities.are provided for activities such as reducing, exercising, weight -lifting, swimming, spas, hot tubs, rac- ketball or handball, whether the services or facilities are provided for profit or not for profit, with or without charge. SECTION 3. That this ordinance is hereby declared to be an extension of an urgency measure interim ordinance and shall take effect immediately upon its adoption and shall expire eight months after the October 14, 1982., expiration date of Ordinance No. 1546, unless sooner extended, or upon the effective date of an ordinance.adopting the West Covina Municipal Code Amendment No. 176, whichever occurs first. A statement of facts constituting the basis of such urgency is as above set forth. The legal authority for the enactment of this Ordinance is Section 65858 of the Planning Act of the State of California, and other applicable statutes. SECTION 4. The City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. PASSED and APPROVED this. 27th day of September 1982. Mayor ATTEST: AV &ztre eg_e City Cl rk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF WEST COVINA ) I, Helene M. Mooney, City Clerk of the City of West Covina, do hereby certify that the foregoing.Ordinance No. 1559 was introduced, adopted and passed at a regular meeting of the City Council on the 27th day of September 1982, by the following vote: AYES: Bacon, Tennant, Shearer, Chappell, Tice NOES: None ABSENT: None . City Clerk APPROVED AS TO FORM: ea�, &.,,, C6�a City Attorney CERT IF I C AT ION State of California ) County of Los Angeles ) ss. City . of West Covina. ) I, JANET BERRY, Deputy City Clerk of the.City of. West Covina, St a.te of California., do hereby certify that a true and accurate copy of Ordinance No. \SSA wa:s published, pursuant to law, in the West Covina. Tribune, a. newspaper of general circulation published and'circulated in the City of West Covina. Janet Berry, .Deputy C y Clerk City of West Covina, alifornia Date�C� i