HomeMy WebLinkAboutNovember 1, 2005�wu�+wy MEETING AGENDA
Arcadia City Council /Redevelopment Agency EIF
TUESDAY, NOVEMBER I 2005
This agenda contains a summary of each item of business which the Council may discuss or act on at this meeting. The complete staff
report and all other written documentation relating to each item on this agenda are on file in the office of the City Clerk and the
reference desk at the Arcadia Public Library and are available for public inspection and review. If you have any questions regarding any
matter on the agenda, please call the office of the City Clerk at (626) 574 -5455. In compliance with the Americans with Disabilities Act,
If you need special assistance to participate in a City Council meeting, please contact the City Manager's office at (626) 574 -5401 at least
three (3) business days before the meeting or time when special services are needed. This notification will help City staff in making
reasonable arrangements to provide you with access to the meeting.
6:00 p.m., City Council Chamber Conference Room
ROLL CALL
AUDIENCE PARTICIPATION - (5 minutes per person) .
CLOSED SESSION
a.
Conference with Real Property Negotiators (Government Code Section 54956.8)
Property:
55 W. Huntington Drive
21 Morlan Place
28 W. Santa Clara Street
41 W. Huntington Drive
35 W. Huntington Drive
27 W. Huntington Drive
101 W. Huntington Drive
103 W. Huntington Drive
Negotiating Parties - Agency
Property Owner:
Paul Rusnak
Hann Ling Shaw (Church in Arcadia)
Don and Ray Dahlgren
Mrs. Robert Johannsen /Manuel De Jesus Romero
Gary and Dan Braun (35 W. Huntington Partners)
Richard Fisher (Templekadian)
Charles Frandson
James Dorr
Deputy Executive Director and
Economic Development Manager
Under Negotiation - Price and terms of payment
7:00 p.m. in the Council Chamber
PLEDGE OF ALLEGIANCE
ROLL CALL
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
REPORT FROM CLOSED SESSION (AS NECESSARY)
MOTION TO READ ALL ORDINANCES /RESOLUTIONS BY TITLE ONLY AND WAIVE READING IN FULL
PRESENTATIONS
a. Presentation of Proclamation to Arcadia Festival of- Bands.
1. PUBLIC HEARING - CITY COUNCIL
All interested persons are invited to appear at the Public Hearing and to provide'evidence or testimony concerning the proposed Items of
consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to
any Public Hearing Item on this agenda, you may be limited to raising only those issues and objections which you or someone else
raised at or prior to the time of the Public Hearing.
a. An appeal of Plannino Commission's denial to retain an on -site storage container for the DurDOSe of
securing business records at 657 W. Duarte Road.
Recommendation: Deny appeal
b. Resolution No. 6489, adopting false security alarm fees for the Police Department.
Recommendation: Adopt
AUDIENCE PARTICIPATION - (S minutes per person)
REPORTS FROM ELECTED OFFICIALS
2. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY
a.
Minutes of the October 18. 2005 Regular Meeting.
Recommendation: Approve
b.
Resolution No. ARA 217, Amendment No. 1 to the Land Assembly and Development
Agreement between
the Arcadia Redevelopment Agency and Paul P. Rusnak and Rusnak/Arcadla.
Recommendation: Adopt
CONSENT CALENDAR - CITY COUNCIL
C.
Minutes of the October 18, 2005 Regular Meeting.
Recommendation: Approve
d.
Ordinance No. 2212. amending Section 3907 of the Arcadia Municipal Code concerning
false security
alarms,
Recommendation: Introduce
e.
Purchase one (1) asphalt grinding machine from Asphalt Zipper Inc. in the amount
of $65,950.
Recommendation: Approve
f.
Purchase two (2) pick -up trucks with utility bodies in the amount of $49.693.42 from Pasadena Ford.
Recommendation: Approve
g.
Authorize a change order in the amount of $41.210 to RBF Consulting to provide
engineering support
services for the construction of Santa Anita Reservoir No 4.
Recommendation: Approve
h.
Award a contract in the amount of $300.000 to General Pump Company, Inc. to provide
preventive
maintenance services and repair of City owned water wells and booster pump
Recommendation: Approve
3. CITY MANAGER
a. Ordinance No 2211 amending Sections of Arcadia Municipal Code pertaining to Adult Businesses and
adding a new Chapter to the Arcadia Municipal Code pertaining to Licensing of Adult Businesses,
Recommendation: Introduce
ADJOURNMENT
The City Council will adjourn this meeting to November 15, 2005, 6:00 p.m. In the Council Chamber Conference Room.
CLOSED SESSION - CANCELLED
ANNOTATED AGENDA
Arcadia City Council/ Redevelopment Agency
TUESDAY, NOVEMBER 1, 2005
nw
MOTION TO READ ALL ORDINANCES /RESOLUTIONS BY TITLE ONLY AND WAIVE READING IN FULL
APPROVED 5 -0
1. PUBLIC HEARING - CITY COUNCIL
a.
An appeal of Planning Commission's denial to retain an on -site storaae container for the purpose o
APPROVED THE
securina business records at 657 W Duarte Road
DENIAL OF THE
APPEAL; OWNER
HAS 6 MONTHS TO
REMOVE
CONTAINER
5 -0
Recommendation: Deny appeal
b.
Resolution No 6489 adQptino false security alarm fees for the Police Department
APPROVED 5 - 0
Recommendation: Adopt
2. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY
a.
Minutes of the October 18. 2005 Reoular Meeting.
APPROVED 5 - 0
Recommendation: Approve
b.
Resolution No ARA 217 A Resolution of the Arcadia Redevelopment Agency of the City of Arcadia
California aoorovina Amendment No 1 to a certain Land Assembly and Development Aareement with Paul
P. Rusnak and Rusnak/Arcadia.
APPROVED 5 - 0
Recommendation: Adopt
CONSENT CALENDAR - CITY COUNCIL
C.
Minutes of the October 18. 2005 Reaular Meeting.
APPROVED 5 - 0
Recommendation: Approve
d.
Ordinance No 2212 amending Section 3907 of the Arcadia Municipal Code concerning false security
alarms.
APPROVED - 0
Recommendation: Introduce -
e.
Purchase one (1) asphalt arinding machine from Asphalt Zipper Inc in the amount of $65.95
APPROVED 5 - 0
Recommendation: Approve
f.
Purchase two 2 pick-up trucks with utility bodies in the amount of $49.693.42 from Pasadena Ford
APPROVED 5 - 0
Recommendation: Approve
g.
Authorize a change order in the amount of $41,210 to RBF Consulting to provide engineerino support
services for the construction of Santa Anita Reservoir No, 4
APPROVED 5 - 0
Recommendation: Approve
h.
Award a contract in the amount of $300 000 to General Pump Company. Inc. to provide preventiv
maintenance services and repair of City owned water wells and booster Dumps
APPROVED 5 - 0
Recommendation: Approve
3. CITY MANAGER
a.
Ordinance No 2211. amendina Sections of Arcadia Municioal Code pertaining to Adult Businesses and
adding a new Chapter to the Arcadia Municipal Code pertaining to Licensing of Adult Businesses
APPROVED 5 - 0
Recommendation: Introduce
47:0098
R +� IRcvvn! r,-y
CLOSED SESSION - CANCELLED
MINUTES
Arcadia City Council/ Redevelopment Agency
TUESDAY, NOVEMBER 1, 2005
6:00 p.m., City Council Chamber Conference Room
7:00 p.m. In the Council Chamber
INVOCATION Reverend Gene Wallace, Arcadia Episcopal'Church of the Transfiguration
PLEDGE OF ALLEGIANCE Vida Tolman, Chief Deputy City Clerk/Records Manager
ROLL CALL PRESENT: Council /Agency Members Chandler, Kovacic, Marshall, Segal, and Wuo
ABSENT: None
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
None.
REPORT FROM CLOSED SESSION (AS NECESSARY)
Steve Deitsch, City Attorney, reported that tonight's Closed Session was cancelled. There was no reportable action
taken by the City Council.
MOTION TO READ ALL ORDINANCES/ RESOLUTIONS BY TIRE ONLY AND WAIVE READING IN FULL
A motion was made by Council Member Chandler, seconded by Council Member Marshall, and carried without
objection to read all ordinances /resolutions by title only and waive reading In full.
PRESENTATIONS
a. Presentation of Proclamation to Arcadia Festival of Bands.
I. PUBLIC HEARING - CITY COUNCIL
All interested persons are invited to appear.at the Public Hearing and to provide evidence or testimony concerning the proposed items of
consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council, with respect to
any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised
at or prior to the time of the Public Hearing.
a. An appeal of Plannino cnmmission's aerial to retain an on -sne sroraae contain tar Lily uurw� V1
securing business records at 657 W Duarte Road,
Recommendation: Deny appeal
Staff Report Don Penman, Assistant City Manager /Development Services Director, Donna Butler, Community
Development Administrator, and Corky Nicholson, Planning Services Manager, appeared to present the
staff report. Staff noted that the Planning Commission denied the subject application referenced above
because it was determined that the storage container is unsightly and not a suitable means for outdoor
storage; staff Is recommending that the City Council uphold the decision made by, the Planning
Commission to deny the Conditional Use Permit Application No. 05 -14.
In response to a question from Council Member Kovacic, Steve Deitsch, City Attorney, noted that no staff
member has the lawful authority to exceed the Arcadia Municipal Code and such action by a staff member
would not legally bind the City.
In response to a question from Council Member Chandler, staff noted that large bins, such as the one in
this matter, are not permitted by the City.
I
11 -01 -05
47:0099
Public Testimony Joe Borland. Arcadia resident, as the appellant in this matter, appeared to speak in support of approval of
Conditional Use Permit No. 05-14.
Dan Sheh• business owner at 657 West Duarte Road, appeared to speak in support of approval of
Conditional Use Permit No. 05 -14.
Brian Myans, property manager for 657 West Duarte Road, appeared to speak in support of approval of
Conditional Use Permit No. 05 -14.
Joan Markowitz, former business owner on West Duarte Road, appeared to speak in support of approval
of Conditional Use Permit No. 05 -14.
Motion to Close An initial motion to close the public hearing was made and withdrawn by Coundl Member Kovacic.
Public Hearing
Council Member Marshall inquired of the appellant if he had considered microfilming as a method of document
storage.
It was moved by Council Member Kovadc, seconded by Council Member Chandler, and carded without objection to
close the public hearing. _
City Council Steve Deitsch, City Attorney, reviewed the matter in light of the material questions presented to the City Council; he
Deliberation noted that local zoning ordinances do not apply to school districts; he further noted that the City Council should focus
on the findings made by the Planning Commission as well as the finding the Council must make in order to approve or
deny the Conditional Use Permit Application under review in this matter.
In response to an inquiry from Council Member Kovadc, staff responded that the type of storage container under
review in this matter is not legal in the City of Arcadia, and if Council were to grant such a permit, that it would be
provided for under the Conditional Use Permit application process; the City Council would. have to make certain
findings to grant a Conditional Use Permit.
In response to an inquiry from Council Member Kovacic, Mr. Deitsch noted that time limits cannot be placed upon
findings to approve Conditional Use Permits, and that a period of "months" would be a reasonable time limit under
the law to remove an "offending use" should Council make the motion to deny the appeal. -
Council Member Marshall noted that the use of document imaging technology would reduce the appellant's storage
needs for files.
Council Member Segal noted the convenience of the storage container, but also acknowledged the impacts
that approving the appeal would place on the City.
Motion A motion was made by Council Member Chandler and seconded by Council Member Marshall to deny the appeal.
Council Member Kovacic proposed an amendment to the motion, which would allow the appellant six (6) months to
remove the storage container from the subject property.
An amended motion was made by Council Member Chandler, seconded by Council Member Marshall, and carried on
roll call vote to deny the appeal of Conditional Use .Permit Application No. 05 -14 and uphold the Planning
Commission's denial of the subject application based on the determination that the storage container is unsightly and
not a suitable means for outdoor storage at the site; the appellant has six (6) months to remove the storage
container.
Roll Call AYES: Coundl /Agency Members Chandler, Marshall, Kovadc, Segal, and Wuo
NOES: None.
b. Resolution No. 6489, adopting false security alarm fees for the Police Department
Recommendation: Adopt
Staff Report Bob Sanderson, Police Chief, appeared to present the staff report; staff noted that the administrative
response to false alarms can deplete the patrol strength, thus depriving resident and visitors appropriate
and timely access to emergency services; staff recommends the increase in false security alarm fees.
In response to an inquiry from Council Member Marshall, Chief Sanderson outlined the methodology used
to calculate the false alarm fee.
Public Testimony None.
11 -01 -05
47:00100
Motion to Close It was moved by Council Member Chandler, seconded by Council Member Segal, and carried without objection to
Public Hearing dose the public hearing.
city Council None.
Deliberation -
Motion It was moved by Council Member Chandler, seconded by Council Member Marshall, and carried on, roll call vote to
adopt a resolution of the City Council of the City of Arcadia, California, adopting the false security alarm fees for the
Arcadia Police Department.
Roll Call AYES: Council /Agency Members Chandler, Marshall, Kovacic, Segal, and Wuo
NOES: None.'
AUDIENCE PARTICIPATION - (S minutes per person)
Belo Mews and Emily Stork, representatives from the San Gabriel Habitat for Humanity Organization, appeared to
invite the City Council to the dedication of a Habitat for Humanity project in Glendale, California.
REPORTS FROM ELECTED OFFICIALS
MARSHALL, No report this evening.
CHANDLER No report this evening.
KOVACIC Noted that the Boy Scouts of America will be honoring the Arcadia Rotary on November 17, 2005.
SEGAL Invited the public to two upcoming public meetings: November 15, 2005, at which the Council will discuss single-
- family design review, and November 16, 2005, where developers of proposed projects at the Santa Anita Racetrack
and Westfield Shopping Center will present their ideas to the City Council.
INUO Congratulated Recreation staff for their Halloween activities at the Community Center; reminded Arcadia residents
about observing traffic safety rules, especially around schools.
2. - CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY
a. Minutes of the October 18 2005 Regular Meetina
Recommendation: Approve
b. Resolution No ARA 217 A Resolution of the Arcadia Redevelopment Agency of the City of Arcadia.
Recommendation: Adopt
CONSENT CALENDAR - CITY COUNCIL
C. Minutes of the Ouober 18.2005 Regular Meeting
Recommendation: Approve
d. Ordinance No 2212 amending Section 3907 of the Arcadia Municipal Code concerning false security
alarms.
Recommendation: Introduce
e, Purchase (1) asphalt grinding machine from Asphalt Ziooer Inc in the amount of $65,950,
Recommendation: Approve
f, Purchase two (2) pick -up trucks with utility bodies in the amount of $49 693.42 from Pasadena Ford.
Recommendation: Approve
g. Authorize a change order in the amount of $41,210 to RBF Consulting to provide engineering support
services for the construction of Santa Anita Reservoir No. 4.
Recommendation: Approve
h. Award a contract in the amount of $300.000 to General Pump Comoanv Inc to provide preventive
maintenance sexy es and repair of City-owned water wells and booster Dumps.
Recommendation: Approve
11 -01 -05
47:00101
Motion It was moved by Council /Agency Member Chandler, seconded by Council /Agency Member Segal, and
carried on roll all vote to adopt the Arcadia Redevelopment Agency and City Council Consent Calendars in
full
Roll Call AYES: Council /Agency Members Chandler, Segal, Kovacic, Marshall, and Wuo
NOES: None.
3. QTYMANAGER
a. Ordinance No. 2211 amending Sections of Arcadia Municipal Code pertaining to Adult Businesses and
Steve Deitsch, City Attorney, presented the report; he noted that the Ordinance moves the Adult Business
language from the zoning code to a more applicable business license portion of the Municipal Code; it also
provides provisions for restricting adult - oriented materials to minors; staff recommends introduction of the
Ordinance.
Motion It was moved by Council /Agency Member Segal, seconded by Council /Agency Member Marshall, and
carried on roll call vote to introduce Ordinance No. 2211 amending sections of the Arcadia Municipal Code
pertaining to Adult Businesses and adding a new chapter to the Arcadia Municipal Code pertaining to the
Licensing of Adult Businesses..
Roll Call AYES: Council /Agency Members Segal, Marshall, Chandler,Kovacic, and Wuo
NOES: None.
ADJOURNMENT
The City Council adjourned this meeting at 8:57 p.m. to November 15, 2005, 6:00 p.m. in the Council Chamber
Conference Room.
lames H, Barrows, City Clerk
V L4' - FiI�w 444'
By:
Vida Tolman
Chief Deputy City Clerk/Records Manager
q 11 -01.05
November 1, 2005
STAFF REPORT
Development Services Department
TO: Mayor and City Council
FROM: Don Penman, Assistant City Manager /Development Services Director
Donna L. Butler, Community Development Administrator
By: Corkran W. Nicholson, Planning Services Manager .
SUBJECT: An appeal of the Planning Commission's denial of Conditional Use Permit
Application No. 05 -14 for the outdoor use of an existing metal storage
container at 657 West Duarte Road.
Recommendation: Deny the appeal
SUMMARY
The property owner, Mr. Joe Borland, is appealing the Planning Commission's denial of
Conditional Use Permit Application No. 05 -14 to retain an on -site lo'xlo'x20' storage
container for the purpose of securing business records at 657 West Duarte Road, The
Planning Commission denied the subject application because it was determined that the
storage container is unsightly and not a suitable means for outdoor storage at the site.
The Development Services Department is recommending denial of the applicant's appeal.
BACKGROUND
The following sequence of events have transpired as the result of Code Services pursuing
the use of the subject storage container at 657 West Duarte Road:
• A complaint was filed with Code Services during the later part of July 2004 regarding
the outdoor storage of numerous items at the subject property, including the subject
storage container.
Following a site inspection by Code Services the applicant was sent a Notice of
Violation on July 27, 2004, for the accumulation of on -site debris, and the storage of
two boats, a recreational vehicle, and the metal storage container. All of the items
were stored behind the site's commercial building (seethe attached photos).
• On August 17, 2004, a re- inspection of the site was conducted and non - compliance
was noted; therefore, a second Notice of Violation was sent to the applicant.
A re- inspection of the site was conducted on September 1, 2004, which resulted in
third Notice of Violation being sent to the applicant due to non - compliance.
• On September 27, 2004, a re- inspection of the site was conducted, which found the
site still in violation. Per the applicant's request an extension was granted to October
20, 2004.
• On October 20, 2004, a citation was issued to the applicant because the site was still
in non - compliance with the original Notice of Violation.
• On November 11, 2004, the applicant filed a request for an administrative hearing to
contest the citation that was issued for the ongoing non - compliance issues.
• Another re- inspection of the site was conducted on January 10, 2005, at which time it
was noted that the boats, recreational vehicle, and some of the debris had been
removed from the site. The remaining items were the metal storage container and a
small pile of metal light poles.
• On January 12, 2005, the City Attorney sent a final notice to the applicant requesting
that the storage container and the remaining debris on the property be removed by
January 24, 2005.
• A re- inspection of the site was conducted on January 24, 2005, which found the
metal storage container and light poles still remaining at the site. The continued non-
compliance resulted in the case being forwarded to the City Attorney for the purpose
of filing a criminal complaint.
• On February 8, 2005, the City Attorney spoke with the applicant by telephone, and as
a courtesy extended the compliance date to April 30, 2005.
• The hearing for the applicant to contest the issued citation was held on April 20,
2005, at which time staff informed the hearing officer that the only remaining issue
was the storage container since the applicant had recently remove the light poles
from the site. After a brief deliberation the hearing was continued to May 18, 2005
for the purpose of obtaining further clarification on questionable Municipal Code
requirements.
On May 18, 2005, the hearing officer upheld the citation, and requested that the
applicant either remove the storage container or obtain an appropriate use permit for
the outdoor storage of the container.
The applicant submitted Conditional Use Permit Application No. 05 -14 on June 20,
2005 to consider his request to retain the existing storage container at the subject
location.
Appeal /CUP 05 -14
November 1, 2005
Page 2
• The Planning Commission, at its August 9, 2005 meeting, voted 4 -0 with one
member absent to deny Conditional Use Permit Application No. 05 -14.
• On September 21, 2005, the applicant filed his appeal
The background information provided by the applicant, mentions that the National Cash
Register Company originally occupied the building in the early 1960's and used the storage
container to secure cash registers that needed repair. In 1971,, the applicant leased the
subject container to store business records from his physical therapy practice across the
street at 660 West Duarte Road. The applicant purchased the subject property with the
storage container in 1980, and continues to only use the container for storing records from
his off -site physical therapy practice. According to the applicant the storage container has
been in the same location for 45 years.
The applicant is seeking a conditional use permit to retain the 10'x10'x20' metal storage
container at the subject location for the purpose of storing business records. If a conditional
use permit (CUP) was granted, the storage container will remain directly behind the site's
commercial building, as shown on the submitted site plan (copy attached).
The site's non - conforming parking area provides a total of 23 substandard parking spaces,
which does not include the 10'x20' space being occupied by the storage container. The
parking area is in need of repair and should be resurfaced, re- striped, and provided with a
trash enclosure if the applicant's request is approved.
Under the current parking requirements the site's 7,000 sq. ft. commercial building, which is
currently occupied by a music store, requires 35 spaces.
Based on staff's research the use of a storage container for outdoor storage purposes has
never been a permitted use by right. Since 1980 outdoor storage of any item in a
commercial zone has only been permitted on a conditional use permit basis. The applicant
has stated that the subject storage container has existed in the same location for 45 years;
however, a 1985 aerial photo (copy attached) shows the site without any storage container,
which makes the duration of time that the storage container has existed on the site
questionable. Also, staff did not find any documentation to verify any past approval from the
City for the storage container to be located on the site.
After conducting several recent site inspections of the property, it is staffs opinion that the
storage container is unsightly and not a suitable means for outdoor storage because it is
difficult to completely screen the unit from public view. The storage container is highly visible
from the neighboring properties to the north and west of the site, which are approximately 2
to 3 feet higher in grade elevation than the subject property. Also, staff feels that approval of
such a container could set a precedent especially with regards to the automobile service
businesses throughout the City that frequently inquire about the use of similar storage
containers.
Appeal /CUP 05 -14
November 1, 2005
. Page 3
ENVIRONMENTAL IMPACT
Pursuant to the provisions of the California Environmental Quality Act, the Development
Services Department has determined that the proposed use will not have a potential for
causing a significant effect on the environment, and is categorically exempt from CEQA per
Section 15311.
FINDINGS
Storage containers are required to be within a building in accordance with Municipal Code
Section 9263.6.5, which reads as follows:
"All permanent and temporary storage of wares, merchandise, equipment, storage
containers and similar items shall be within a building. The use of temporary storage
bins, sheds, shipping containers, semi trailers and trailers and /or temporary buildings is
not permitted."
Based on a liberal interpretation of "Outdoor Storage" the applicant was provided the
opportunity to apply for a CUP as an alternative.
Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to
be granted, it must be found that all of the following prerequisite conditions can be satisfied:
1. That the granting of such Conditional Use Permit will not be detrimental to the public
health or welfare or injurious to the property or improvements in such zone or vicinity.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
3. That the site for the proposed use is adequate in size and shape to accommodate
said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and
other features required to adjust said use with the land and uses in the
neighborhood.
4. That the site abuts streets and highways adequate. in width and pavement type to
carry the kind of traffic generated by the proposed use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
Planning Commission Resolution No. 1733 (copy attached) sets forth the Commission's
findings for their denial of the subject application.
RECOMMENDATION
The Development .Services Department recommends denial of Conditional Use Permit
Application No. CUP 05 -14 because the existing storage container is not a suitable means
for outdoor storage at the site; and therefore It should be removed to bring the subject
property into compliance, as required by the above - mentioned Code Section 9263.6.5.
Appeal /CUP 05 -14
November 1, 2005
Page 4
If the City Council determines that based on evidence presented this is an appropriate use at
the site and move to approve Conditional Use Permit No. 05 -14, staff recommends the
following conditions of approval:
1. That the applicant shall upgrade the existing parking lot by resurfacing, re- striping,
and constructing a trash enclosure in accordance with all applicable Municipal Code
requirements. This work shall be completed within 60 days from the adoption of the
resolution, and subject to the satisfaction of the Community Development
Administrator or his /her designee.
2. The applicant shall repaint the storage container to match the exterior of the 657
building within the same period of time that is set forth for the completion of the
parking lot improvements, and subject to the satisfaction of the Community
Development Administrator or his /her designee.
3. The applicant shall comply with the condition of approval imposed by the Fire
.Department memorandum, dated July 6, 2005,
4. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officers, employees, and agents from and against any claim, action, or proceeding
against the City of Arcadia, its officers, employees or agents to attack, set aside,
void, or annul any approval or condition of approval of the City of Arcadia concerning
this project and /or land use decision, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or City Staff, which
action is brought within the time period provided for in Government Code Section
66499.37 or other provision of law applicable to this project or decision. The City
shall promptly notify the applicant of any claim, action,,or proceeding concerning the
project and /or land use decision and the City shall cooperate fully in the defense of
the matter. The City reserves the right, at its own option, to choose its own attorney
to represent the City, its officers, employees, and agents in the defense of the matter.
5. Approval of CUP 05 -14 shall not take effect until the property owner(s), and applicant
have executed and filed the Acceptance Form available from the Development
Services Department to indicate awareness and acceptance of the conditions of
approval.
CITY COUNCIL ACTION
Approval
If the City Council intends to approve the appeal, the Council should find that the
prerequisite conditions could be satisfied, move to approve the appeal subject to the
conditions set forth above, or as modified by the Council, and direct staff to prepare a
resolution incorporating the Council's decision and specific findings.
Appeal /CUP 05 -14
November 1, 2005
Page 5
Denial
If the City Council intends to deny the appeal, the Council should state the specific reasons
for denial and direct staff to prepare the appropriate resolution incorporating the Council's
decision and specific findings.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the August 9 t " public hearing, please contact Planning Services
at (626) 574 -5423.
Approved by:
William R. Kelly, City Manager
Attachments:
1. Applicant's letter of appeal with a background summary, and several letters
in favor of the CUP
2. City Attorney's response to the applicant's inquiry regarding the use of
storage containers
3. Planning Commission Minutes of August 9, 2005
4. Planning Commission Resolution No. 1733
5. Fire Department memorandum, dated July 6, 2005
6. Aerial Photo & Zoning Map
7. Land Use Map
8. Plot Plan
9. Current aerial photo of the site
10. Aerial photo of the site, dated 1985
11. Photographs of the site
12. Preliminary Exemption Assessment
13. Environmental Information
Appeal /CUP 05 -14
November 1, 2005
Page 6
City of Arcadia
City Council
240 W. Huntington Dr.
Arcadia, Ca. 91066 -6021
September 20, 2005
Re: Conditional Use.Permit Application No. 05 -14; Appeal of Planning Commission
Resolution No. 1733
Dear City Council Members:
I hereby appeal the denial of my Conditional Use Permit application No. 05 -14. My appeal
is based on the following considerations:
1.) The container that is the subject of this appeal has been in place for over 44
years. My use and occupancy has pre - dated any ordinance that you are
imposing on me. There should be a grandfather provision to allow an
inoffensive pre - existing secure container to remain. This secure container
has never been considered as a problem nor unsightly, contrary to the
subjective comment in the staff report. It is not an unsightly secure container
and it is behind the building and a wall in the middle of the block.
2.) However; there are many similar containers around the city that are used by
schools, hospitals, fire stations, churches, and City Yard, all of which are in
MI view and need of repair to include rental signs on each of them. I have
been told that these entities are exempt.. I have requested from the City
Attorney the ordinance that allows the exemption, but he has not provided
anything.
3.) This container is behind the existing 657 Bldg. and has been in that location
since the bidg..was erected in 1961. No changes have been made to the
building or parking lot spaces that were approved in 1961. According to the
tenant of 10 years Mr. Dan Hsieh, "There has never been a parking problem
on this property".
In fact, this secure container is in the middle of the block and cannot-be seen from Duarte
on the south, Baldwin on the west, Arcadia Ave. on the north and the bldg. on the east.
4.) During the formal CUP process "no negative responses to the CUP
application" were sent to the City by any property owner nor any tenants
within the 300 yard radius. During the hearing, however, there were 2
written letters from tenants within the 300 yard area that were totally
positive and 4 individuals that testified in favor of leaving the container
where it has always been located & bothers no one.
I have reviewed the provisions of Section 9275.1.2 of the Arcadia Municipal Code that
outlines prerequisite conditions for issuance of a Conditional Use Permit and I believe that
I have met all 5 of the conditions set forth. I will sign an acceptance form as published by
the Development Services Department to indicate my awareness and acceptance of any
conditions for approval.
Your re- consideration of my application No. 05 -14 for a Conditional Use Permit for the use
of an existing IO'x10'x20 metal storage container at 657 W. Duarte Road and this appeal is
appreciated.
RECEIVED
SEP 21.2000
Z CITY OF ARCADIA
Joe S. Borland CITY CLERK
BACK GROUND
This property was developed in 1960 by Mr. Upjohn. The 657 Building was built
& Leased to the National Cash Register NCR until 1980 when Joe Borland RPT
purchased the property & secure container. NCR used the secure container for a
night drop for cash registers to be repaired and before work pick up. This secure
container has been behind the 657 Building in the same location unchanged and
unexpanded since that time, a total of 45 years....
Joe Borland Physical Therapist started his physical therapy medical practice
and Borland's Retail with two business licenses in the City of Arcadia in 1971 .
Mr. Upjohn was Borland's patient and also sold Borland a cash register that same
year. On or about the same time Mr. Upjohn leased the secured container to
Borland for his business since NCR now manufactured electronic units. This
secure container has been in Borland's ownership for 34 years same location.
In 1990 Rick Gomez, Development Services Director for City of Arcadia,
Approved the concrete slab under the secure container. "NO" permit was required.
Mr. Gomez at the same time did not object to the secure container nor the location
behind the building, in fact he thought "the location was a good one for 30 years."
Now it has been 45 years...
Since then, 1971 Joe Borland Physical Therapy & Borland's retail has continued
in business at this same location and maintains the property including being the
property manager. Borland continues to have two businesses for the past 34 years
and uses the secure container for those businesses, medical records.
This conditional permit will not create precedent since it has existed since 1960
Piano - Gallerie
CALIFORNIA MUSIC ACADEMY
657 West Duarte Road • Arcadia, CA 91007
VOICE: (626) 821 -9191 • FAX: (626) 821 -6606
September 20, 2005
City Council
City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91007
RE: CONDITIONAL USE PERMIT # 05 -14
Ladies and Gentlemen,
I am the owner operator of Piano Gallerie /California Music Academy located at the subject address
since 1996. During this passed 9+ years I have never received any comment, inquiry or complaint
regarding the subject container.
This subject container is tucked away in the rear of the building at 657 W. Duarte Rd. and is painted
in the same color of the building blended in as part of the landscape. It is not visible from either
Duarte Rd. or Baldwin Ave.. In addition, we never have any parking problem during these passed
many years in business at the location.
Your kind considerations and approval of this permit is just and appreciated.
August 9, 2005
City of Arcadia
240 W Huntington Drive
Arcadia, CA 91007
RE: Conditional Use Permit Hearing
C.U. P #: 2005 -14
Gentlemen:
I understand there is a concern about a security container located at 657 W Duarte Road
being an "eyesore ". I have worked at 630 W Duarte Road for a total of 20 years, first as
Branch Manager for Security Pacific National Bank, and now as Branch Manager for _
Citizens Business Bank. In all of that time, I have not noticed the security container that
is in question, and have never heard any one of my customers express a concern about an
"unsightly" container housed at 657 W Duarte Road.
Sincerely,
Dianne C. Chapman
MESA Chiropractic
September 21, 2005
City of Arcadia
240 W Huntington Drive
Arcadia, CA 91007
RE: C.U.P. Hearing
Dear Sirs:
I have had my clinic at 638 West Duarte Road since September of 1990. During this time
there has been no indication of activity around the security container at 657 West Duarte
Road nor have there been complaints regarding such.
Sincerely,
W. David Goff D. .
September 29, 2005
City of
Arcadia
Joe S Borland
NZAC International, Inc.
657 West Duarte Road
Arcadia, CA 91007
Re: Outdoor Storage
Office of the
City Attorney
Stephen P. Deitsch
City Attorney
Dear Mr. Borland:
I am pleased to respond to your letter dated September 14, 2005. In
that letter, you request the City Attorney to provide to you the basis
for exempting City properties, schools, fire stations, hospitals and
churches from the requirements to obtain a conditional use permit
( "CUP ") from the City to place outdoor storage on property. Please
find below a response to your inquiry.
Regarding city property.
It is generally accepted as a matter of law that neither the State nor its
agencies are subject to local building or zoning regulations unless the
State Legislature consents to such regulation. (See Hall v. City of
Taft (1956) 47 Cal. 2d 177, 183; City of Orange v. Valenti (1974) 37
Ca1.App.3d 240, 244; Town of Atherton v. Superior Court (1958) 159
Cal.App.2d 417, 427). The City of Arcadia is a charter city with
broad discretion in reserving unto itself policy and decision making
that is deemed to be a "municipal affair" as a matter of law. The City
has historically determined that City property, including but not
limited to fire stations, is exempt from zoning regulations, and
approval of a CUP is not required before placing outdoor storage on
City property.
Regarding schools
The foregoing principle of law applies equally to schools, as they are
agencies of the State. In addition, Government Code Section 53904
(a) provides in part that notwithstanding any other provision, the
Government Code does not require a school district to comply with
240 West Huntington Drive
Post Office Box 60021
Arcadia, CA 91066 -6021
(626) 574 -5407
(626) 446 -2991 Fax -
Joe S. Borland
September 29, 2005
Page 2
the zoning ordinances of a county or city. Therefore, schools are not
required to obtain approval of a CUP before placing outdoor storage
on school district property.
Regardiniz hospitals
The City of Arcadia Municipal Code places the property on which
Methodist Hospital is located in an unclassified zoning designation.
Such zoning designation requires the review and approval of activities
on the property on a case by case basis. Approval of a CUP may not
be required if the City determines that it is not appropriate or
necessary. If the zoning classification for that property were changed
to a commercial classification, approval of a CUP would be required.
Therefore, currently the Hospital is not required to obtain a CUP
before placing outdoor storage on its property.
Regarding churches
Like any other uses, churches require the approval of a CUP before
placing outdoor storage on church property.
Sincerely,
Stephen P. Deitsch
City Attorney
c: Don Penman, Asst. City Manager /Dev.Srvs.Dir.
Donna Butler, Community Development Administrator
Corky Nicholson, Planning Services Manager
September 14, 2005
Office of the City Attorney
240 West Huntington Drive
Arcadia, California 91006
Dear Sir:
The Arcadia Municipal code Sections 9266.2.7 and 9275.53.1 allow outdoor storage
containers with an approved Conditional Use Permit. There are many such storage
containers currently in use in Arcadia that have no Conditional Use Permit. The reason
given to us by city officials is that city properties such as schools, fire stations, hospitals,
churches, etc. are exempt from the requirement for a Conditional Use Permit.
Our request is that the city of Arcadia's City Attorney provide us with the section or
sections of the municipal code allowing the exemption for containers within the
boundaries of the city of Arcadia.
In addition, any state or federal code, law, or statute that has directed the city of Arcadia
to exempt the above - mentioned entities. If you have any questions, please call me at
(626) 445 -1978.
3. PUBLIC HEARING CUP 2005 -14
657 W. Duarte Rd.
Joe Borland
Consideration of a conditional use permit to retain an on -site storage container for the purpose
of securing business records.
The staff report was presented
In reply to a question by Chairman Lucas, Mr. Nicholson stated that if they were to add on to the
building, their parking requirements would increase and noted that the current parking is substandard.
The storage container does not add to the square footage of the building, thus, it is not calculated in the
required parking spaces but it does occupy a space. There were no permits issued for this container.
The public hearing was opened.
Joe Borland, 657 W. Duarte Rd., distributed material and photos to the Planning Commission.
Ms. Butler mentioned that staff has had problems with the use of storage containers throughout the city,
that are not in compliance, and staff is currently working on a number of similar issues.
Mr. Borland said that he has been a physical therapist in the City for many years. The subject storage
container is an area where medical records are stored that have to be destroyed and cannot be shredded.
This secure container has been on this site since 1961, thus, when he acquired the property in 1980 it
already existed. The aerial photo in the staff report does not show the storage container and that is
probably because when it was taken, the container was picked up by the service that destroys the
documents. He indicated that in as many years that he has owned this property he has never had one
complaint about the storage container. He did not realize that this container was not permitted until July
2004. This container has been painted to match the building and is unobtrusive. The container is storing
medical records for other medical practices as well as his own.
Ms. Butler indicated that some of the photos that were submitted by Mr. Borland show containers on the
outside of the buildings and explained that these are recycling bins with separate regulations and cannot
be used as a comparison.
Dan Hsaieh, 657 W. Duarte Rd., said that he is the owner and operator of a business on the subject
property that has been there for the past 9 years. The container is painted the same color as the building
and is non - intrusive and in fact he has never had anyone comment or question it. It blends in with the
building and is not visible from the street. He was surprised when he heard of this hearing.
Bryan Miles, 2055 Vista Ave, Sierra Madre, said that he has been a property manager since 1972 in the
area and has managed this property since 1980. The staff report indicates that the container is unsightly
but that is staff's opinion. Further, the report states that it is "not a suitable means for outdoor storage ",
again this is staff s opinion. The report also includes an aerial photo of the area showing that the
container is not there but it is clear that this was probably taken when the container was removed from
the property to discard the records. The container is not visible from the street and is surrounded by
walls. He attested to the fact that since he has been managing this property, the container has been there.
Arcadia City Planning Commission 4 819.!5
In answer to a question by Chairman Lucas, Mr. Miles said that in his many years of experience as a
property manager he has never heard of a similar complaint and felt that this was retaliatory.
April Guzman, 9128 Hermosa Dr., Temple City, said that she is the manager at 660 W. Duarte Rd., and
said that the container is not visible from her building. She did not view it as a hindrance or an eye sore.
Joan Marcoita, 539 W. Palm Dr., Glendora, wanted to provide a character witness for Mr. Borland. This
container is not visible and the only reason a complaint was made to the City about this container was
because Mr. Borland made a complaint to the City about a neighbor.
No one else spoke in favor of or in opposition to this item.
MOTION:
It was moved by Commissioner Olson, seconded by Commissioner Hsu to close the public
hearing. The motion passed by voice vote with no one.dissenting.
AYES: Commissioners Baderian, Hsu, Olson, Lucas
NOES: None
ABSENT: Commissioner Wen
In reply to a question by Commissioner Baderian, Mr. Nicholson said that all of the 5 prerequisite
conditions listed in the staff report must be satisfied to approve the CUP.
Ms. Butler indicated that Finding No. 4 does not apply to this case.
Mr. Nicholson said that the Fire Department's conditions of approval must be complied with if this
request is approved.
Commissioner Olson said that even though the parking deficiency is not an issue today, it could be in
the future. The parking is already substandard by 23 spaces. Even though the container is not visible
from the street, approving this could set a precedent. Just because the container has been there many
years is not a justification for approval.
Commissioner Baderian felt that the Planning Commission should be consistent. They have had other
requests that have come before them for existing features that did not comply that were denied. He did
not think that they should waiver from that policy. He was trying to see if a compromise could be
reached but could not find one.
MOTION:
It was moved by Commissioner Olson; seconded by Commissioner Hsu to deny CUP 2005 -014
subject to the conditions in the staff report and direct staff to prepare the appropriate resolution.
Arcadia City Planning Commission 5 8/9/5
ROLL CALL:
AYES: Commissioners Baderian, Hsu, Olson, Lucas
NOES: None
ABSENT: Commissioner Wen
Chairman Lucas noted that there is a five working day appeal period after the adoption of the
resolution. The resolution will be adopted'on September 13 Appeals are to be filed by September
21".
Arcadia City Planning Commission 6 &9/5
RESOLUTION NO. 1733
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARCADIA, CALIFORNIA, DENYING CONDITIONAL
USE PERMIT NO. 05 -14 FOR THE OUTDOOR USE OF AN
EXISTING METAL STORAGE CONTAINER AT 657 WEST
DUARTE ROAD.
WHEREAS, on June 20, 2005, a conditional use permit application
was filed by the property owner, Joe Borland, to retain an on -site
10'x10'x20' metal storage container for the purpose of storing business
records (Development Services Department Case No. C.U.P. 05 -14) at
property commonly known as 657 West Duarte Road; and
WHEREAS, a public hearing was held on August 9, 2005, at which
time all interested persons were given full opportunity to be heard and to
present evidence.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY
OF ARCADIA RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development
Services Department in the attached report is true and correct.
SECTION 2. This Commission finds:
1. That the granting of such Conditional Use Permit will be
detrimental to the public health or welfare or injurious to the property or
improvements in such zone or vicinity because the appearance of the
outdoor storage container is unsightly and incompatible with the
surrounding development; furthermore, the subject container is not
screened from public view i.e., it is highly visible from the neighboring
properties to the north and west of the site, which are approximately 2 to 3
feet higher in grade elevation than the subject property, which in this case
increases the visibility of the storage container
2. That the use applied for at the location indicated is not a proper
one for which a Conditional Use Permit is authorized because the storage
container occupies a parking space within the site's substandard parking
area, which currently provides 23 parking spaces (excluding the storage
container space) in lieu of the current requirement to provide 35 on -site
spaces, as specified in Sections 9269.1 et seq. of the Arcadia Municipal
Code.
SECTION 3. That for the foregoing reasons this Commission
denies Conditional Use Permit No. CUP 05 -14 for the use of an existing
10'x10'x20' metal storage container at 657 West Duarte Road.
SECTION 4. The decision, findings and conditions contained in
this Resolution reflect the Commission's action of August 9, 2005, and the
following votes:
2
1733
AYES: Commissioners Baderian, Hsu, Olson Lucas
NOES: None
ABSENT: Commissioner Wen
SECTION 5. The Secretary shall certify to the adoption of this
Resolution and shall cause a copy to be forwarded to the City Council of
the City of Arcadia.
I HEREBY CERTIFY that the forgoing Resolution was adopted at a
regular meeting of the Planning Commission held on the 13` day of
September 2005, by the following votes:
AYES:
NOES:
ABSENT:
Chairman, Planning Commission
City of Arcadia
ATTEST:
Secretary, Planning Commission
City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
3
1733
City of
Arcadia
Fire
Department
David Lugo
Fire Chief
PROJECT REQUIREMENTS
Arcadia Fire Department -Fire Prevention Bureau
710 South Santa Anita Ave, Arcadia, CA 91006 Ph (626) 574 -5104
Plan Check # CUP 06-014
Project Name
Project Address
Applicant Name
Storage Container
657 W Duarte Rd
Joe Borland
Date - 716105
The following items listed below are required to be addressed before
Fire Department Approval can be obtained. All changes shall be made
on the original drawing (vellum). Pen or pencil corrections are not acceptable.
A. Contents of container shall be stenciled in 6" high red lettering on north
and east container sides, e.g. "OFFICE SUPPLIES ONLY".
All plan check questions should be directed to Deputy Fire Marshal Mark
Krikorian at (626) 574 -5104. Thank you.
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PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination when attached to Notice of Exemption)
Name or description of project: Conditional Use Kermit Application No. 05 -14:
The applicant is requesting a conditional use permit to retain an on -site
1 storage container at the subject location for the purpose of securing
business records.
Location: 657 West Duarte Road in the City of Arcadia. County of Los
Angeles
3. Entity or person undertaking project:
Q
X B. Other (Private)
(1) Name: Joe Borland
(2) Address: 657 West Duarte Road Arcadia CA 91007
4. Staff Determination:
The City's Staff, having undertaken and completed a preliminary review of this project in
accordance with the City's "Local Guidelines for Implementing the California
Environmental Quality Act (CEQA)" has concluded that this project does not require
further environmental assessment because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
C. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. x The project is categorically exempt.
Applicable Exemption Class: Class 11, Section 15311
f. The project is statutorily exempt.
Applicable Exemption:
g. The project is otherwise exempt on the following basis:
h. The project involves another public agency, which constitutes the
Lead Agency: Name of Lead Agency
Date: June 29, 2005 Corkran Nicholson Planning Manager
Staff
7)02
FILE N0.
CITY OF ARCADIA
240 WEST HUNTINGTON DRIVE
ARCADIA, CA 91007
(626) 574 -5400
ENVIRONMENTAL INFORMATION FORM
Date Filed: (P Ito O
General Information
Name and address of developer or project sponsor:
_Joe Borland Physical Therapy
2. Address of Project (Location):
657 W. Duarte Rd. , Arcadia CA 91007
3. Name, address and telephone number or person to be contacted concerning this project:
Joe Borland 657 W. Duarte Rd.. Arcadia CA 91007
4. List and describe any other related permits and other public approvals required for this
project, including those required by city, regional, state and federal agencies:
1990 Rick Gomez Development Services for City of Arcadia approved the concrete slab
the secure container is on Gomez made no comment about secure container behind bldg.
Zoning: C -2 General Commercial
6. General Plan Designation:
Project Description
Proposed use of site (project description):
Secure container behind 657 Bldg. can not be seen from street. has been in same location
unchanged & unexpanded since 1960 a total of 45 years.
Site Size: 7 " _ Sq. Ft. 10x20 Feet Acre(s)
Square footage per building:
200 Sq. Feet
10. Number of floor of construction:
11
11. Amount of off -street parking provided:
12. Proposed scheduling of project:
Secured container has been behind 657 Blde in the same location unchanged & unexpanded
since 1960 — 45 years.
13. Associated projects:
14. Anticipated incremental development:
15. If residential, included the number of units, schedule of unit sizes, range of sale prices or rents
and type of house hold sized expected:
16. If commercial, indicated the type, i.e. neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities, hours of operation:
By appointment - Commercial
17. If industrial, indicate type, estimated employment per shift, and loading facilities:
18. If institutional, indicate the major function, estimated employment per shift, estimated
occupancy, loading facilities, and community benefits to be derived from the project:
19. If the project involves a variance, conditional use permit or zoning application, state this and
indicate clearly why the application is required:
After 45 vears and with Rick Gomez acceptance in 1990 the city has now re a conditional
use permit to be submitted —
❑ 29. Use or disposal of potentially hazardous materials, such as toxic substances,
flammable or explosives
❑ 30. Substantial change in demand for municipal services (police, fire, water,
sewage, etc.)
❑ 31. Substantial increase in fossil fuel consumption, (electricity, oil, natural gas,
etc.)
❑ ® 32. Relationship to a larger project or series of projects
❑ ® 33. Has a prior environmental impact report been prepared for a program, plan,
policy or ordinance consistent with this project?
❑ ❑ 34. If you answered YES to question no. 33, may this project cause significant
effects on the environment that were not examined in the prior EIR?
Environmental Setting
35. Describe (on a separate sheet) the project site as it exists before the project, including
information on topography, soil stability, plants and animals, any cultural, historical or
scenic aspects. Describe any existing structures on the site, and the use of the
structures. Attach photographs of the site. (Snapshots or Polaroid photos will be
accepted.)
3 4io1
EnviruninfoFOrM
items applicable to the project or its effects? Discuss below all items
20.
Are the following
(attach additional sheets as necessary).
checked
yes
YES
NO ,
❑
'
21.
Change in existing features of any hills, or substantial alteration of ground
contours.
❑
®
22.
change in scenic views or vistas from existing residential areas or public
lands or roads.
❑
23.
Change in pattern, scale or character of general area of project.
❑
®
24.
Significant amounts of solid waste or litter.
❑
tD
25.
Change in dust, ash, smoke, fumes or odors in vicinity.
❑
®
26.
Change in ground water quality or quantity, or alteration of existing drainage
patterns.
❑
27.
Substantial change in existing noise or vibration levels in the vicinity,
❑
28,
is site on filled land or on any slopes of 10 percent or more?
❑ 29. Use or disposal of potentially hazardous materials, such as toxic substances,
flammable or explosives
❑ 30. Substantial change in demand for municipal services (police, fire, water,
sewage, etc.)
❑ 31. Substantial increase in fossil fuel consumption, (electricity, oil, natural gas,
etc.)
❑ ® 32. Relationship to a larger project or series of projects
❑ ® 33. Has a prior environmental impact report been prepared for a program, plan,
policy or ordinance consistent with this project?
❑ ❑ 34. If you answered YES to question no. 33, may this project cause significant
effects on the environment that were not examined in the prior EIR?
Environmental Setting
35. Describe (on a separate sheet) the project site as it exists before the project, including
information on topography, soil stability, plants and animals, any cultural, historical or
scenic aspects. Describe any existing structures on the site, and the use of the
structures. Attach photographs of the site. (Snapshots or Polaroid photos will be
accepted.)
3 4io1
EnviruninfoFOrM
Answer to Question 35.
f
35. The existing site is flat and surrounded by commercial development with a two story building
on the north side, with parking lot and gas station on the west side and a 12 unit commercial rental
on the east side. Security container has been behind the 657 bldg in the same location unchanged
and unexpended since 1960, 45 years.
* *Pictures Attached – Back Ground
36. Describe ( on a separate sheet) the surrounding properties, including information on plants,
animals, any cultural, historical or scenic aspects. Indicate the type of land uses (residential,
commercial, ect.), intensity of land use (one - family, apartment houses, shops, department stores,
ect.), and scale of development (height, frontage, set - backs, rear yards, ect.). Attach photographs of
the vicinity. Snapshots or Polaroid photos will be accepted.
Answer: The surrounding properties are all commercial with variety of stores, restaurants, retail
stores, ample parking spaces. The rear of the project site views parking lot, and mountains, from
Duarte Ave. on the south the security container can not be seen for the south, west, and east of
Baldwin Ave. or Duarte Rd. Project can only be seen if looking south form the raised parking area
on the north side in the of the middle of the parking lot.
* *Ground Diagram Attached
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the'data
and information required for the this initial evaluation to the best of my ability, and that the facts,
statements, and information presented are true and correct to the best of my knowledge and belief.
Date 4j dd ; it Co —
(Signatur
For L`o D,,,t r4
I s ^
7
DECLARATION
I, ���0 ��MQ�o�� , hereby declare that I am over 18
years of age and not a party to the within matter; that my business address is 240 West
Huntington Drive; Arcadia, California; that I am employed in Los Angeles County,
California; that I placed public hearing notice for CCkP QS -1A in
(application number)
envelopes addressed to property owners whose names appear on the attached list
supplied by the
applicant, which envelopes were
then sealed and
postage fully paid
thereon and on
0 N - O RC 6 1, aO 0,S
, deposited in
the U.S. mail at
Arcadia, California.
I hereby declare, under penalty of perjury, that the foregoing is true and correct.
NOTICE OF A PUBLIC HEARING
BEFORE THE
ARCADIA CITY COUNCIL
ryep 'OPOAAx 60 ,00
NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held by and before the ARCADIA CITY
COUNCIL to determine whether or not the following appeal should be approved, conditionally
approved or denied.
LOCATION: 657 West Duarte Road in the City of Arcadia, County of Los Angeles
APPELLANT: Joe Borland (property owner)
APPEAL: An appeal of the Planning Commission's denial of Conditional Use Permit
Application No. 05 -14 to retain an on -site 10'x10'x20' storage container
at the subject location for the purpose of securing business records.
ENVIRONMENTAL Notice of Exemption — Class 11 Categorical / Section 15311 Construction
DOCUMENT: or placement of minor structures accessory to existing facilities.
TIME AND HOUR Tuesday, November 1, 2005 at 7:00 p.m.
OF HEARING:
PLACE OF HEARING: Arcadia City Hall Council Chamber
240 West Huntington Drive, Arcadia, California
The application file is available at the Planning Services Office.
All interested persons are invited to appear at the Public Hearing and to provide evidence or
testimony concerning the appeal. You are hereby advised that should you desire to legally challenge
any action taken by the City Council with respect to the above mentioned appeal you may be limited
to raising only those issues and objections which you or someone else raised at or prior to the time of
the Public Hearing.
Persons wishing to comment on the appeal may do so at the Public Hearing or by writing to the
Community Development Division prior to the November 1, 2005 Public Hearing. It is in the best
interest of any concerned party to be present at the Public Hearing.
For further information regarding this matter, please contact Corkran W. Nicholson by calling (626)
574 -5422 in City Hall or by writing to the Community Development Division at 240 West Huntington
Drive, P. 0. Box 60021, Arcadia, CA 91066 -6021.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
the Public Hearing, please contact the City Clerk's Office at (626) 574 -5455 at least three (3) working
days before the meeting. This notification will help city staff in making reasonable arrangements to
provide you with access at the Public Hearing.
Arcadia City Hall is open Monday through Thursday, from 7:30 a.m. to 5:30 p.m., and on alternate
Fridays from 7:30 a.m. to 4:30 p.m. City Hall will be closed on October 14 and October 28, 2005.
Vida Tolman
Chief Deputy City Clerk /Records Manager
Publish Date: October 10, 2005
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Frank and Chuying Yang
338 Wispering Pines Summit
Arcadia, CA 91007
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33 Wispering Pines Summit
Arcadlu 91007
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Robert Touchon Robert Touchon
P.O. Box 4973 1501 Linda Vista Dr.
Houston, TX 77210 Ukiah, CA 95482
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P. Box 4973 . Linda Vista Dr.
Houst TX 77210 i, CA 9 5482
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3 Wispering Pines Summit P. ox 4973
Arc Ka, CA 91007 Houst , TX 77210
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3 Wispering Pines Summit P. Box 4973
Arc a, CA 91007 Hous , TX 77210
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33 Wispering Pines Summit P.O. ox 4973
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SOO Properties LLC NZAC International Inc.
1108 S. Baldwin Ave. 3288 E. Russell Rd.
Arcadia, CA 91007 Las Vegas, NV 89120
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Linda Vista Dr.
CA 95482
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15 Linda Vista Dr.
Ukiah-, CA 95482
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150 inda Vista Dr.
Ukiah, A 95482
KJR Eastern Enterprises Inc.
206 Camino Del Sol
South Pasadena, CA 91030
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1 8 S. Baldwin Ave. Inc. ' Russell Rd. 20 amino Del Sol
Ar dia, CA 91007 Las Ve s, NV 89120 South sadena, CA 91030
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1 8 S. Baldwin Ave. 32 E. Russell Rd. 20 amino Del Sol
Arcadia, CA 91007 Las as, NV 89120 South asadena, CA 91030
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I 1 8 S. Baldwin Ave. 328 Russell Rd. 206 amino Del Sol
Arc a 'a, CA 91007 Las Vegas, NV 89120 South asadena, CA 91030
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11 S. Baldwin Ave. 328 Russell Rd. 20 Camino Del Sol
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18071 Irvine Blvd.
Tustin, CA 92780
Sin oli Investment LLC
18071 Nne Blvd.
Tustin, CA 2,780
Sia, poli Investment LLC
18071skvine Blvd.
Tustin, 92780
Si Investment LLC
18071 ne Blvd.
Tustin, CA92780
Sin i Investment LLC
18071 I 'ne Blvd.
Tustin, CA 2780
World Saving & Loan Assn.
1901 Harrison St.
Oakland, CA 94612
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190 arrison St.
Oakland A 94612
W Ida Saving & Loan Assn.
1901 nison St.
Oakland, A 94612
W rld Saving & Loan Assn.
1901 >son St.
Oakland, A 94612
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1901 ison St.
Oakland, 94612
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3435 Wilshire Blvd. 600 W. Walnut Ave.
Los Angeles, CA 90 Arcadia, CA 91007
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343 ilshire Blvd.
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6 OR W. Walnut Ave.
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3435 shire Blvd.
Los Ange es, CA 90010
A a d A Capital Inc.
3435 lshire Blvd.
Los Ange s, CA 90010
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3435 shire Blvd.
Los Ange es, CA 90010
E 'c and Carol His
60\W. Walnut Ave.
Arcadia, CA 91007
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600, W Walnut Ave
Arcadia, CA 91007
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600 W. Walnut Ave.
Arcadia, CA 91007
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" - City of Arcadia
City Council
240 W. Huntington Dr.
Arcadia, Ca. 91066 -6021
September 20, 2005
Re: Conditional Use Permit Application No. 05 -14; Appeal of Planning Commission
Resolution No. 1733
Dear City Council Members:
I hereby appeal the denial of my Conditional Use Permit application No. 05 -14. My appeal
is based on the following considerations:
1.) The container that is the subject of this appeal has been in place for over 44
years. My use and occupancy has pre -dated any ordinance that you are
imposing on me. There should be a grandfather provision to allow an
inoffensive pre- existing secure container to remain. This secure container
has never been considered as a problem nor unsightly, contrary to the
subjective comment in the staff report. It is not an unsightly secure container
and it is behind the building and a wall in the middle of the block.
2.) However, there are many similar containers around the city that are used by
schools, hospitals, fire stations, churches, and City Yard, all of which are in
full view and need of repair to include rental signs on each of them. I have
been told that these entities are exempt. I have requested from the City
Attorney the ordinance that allows the exemption, but he has not provided
anything.
3.) This container is behind the existing 657 Bldg. and has been in that location
since the bldg. was erected in 1961. No changes have been made to the
building or parking lot spaces that were approved in 1961. According to the
tenant of 10 years, Mr. Dan Hsieh, "There has never been a parking problem
on this property ".
In fact, this secure container is in the middle of the block and cannot be seen from Duarte
on the south, Baldwin on the west, Arcadia Ave. on the north and the bldg. on the east.
4.) During the formal CUP process "no negative responses to the CUP
application" were sent to the City by any property owner nor any tenants
within the 300 yard radius. During the hearing, however, there were 2
written letters from tenants within the 300 yard area that were totally
positive and 4 individuals that testified in favor of leaving the container
where it has always been located & bothers no one.
I have reviewed the provisions of Section 9275.1.2 of the Arcadia Municipal Code that
outlines prerequisite conditions for issuance of a Conditional Use Permit and I believe that
I have met all 5 of the conditions set forth. I will sign an acceptance form as published by
the Development Services Department to indicate my awareness and acceptance of any
conditions for approval.
Your re- consideration of my application No. 05 -14 for a Conditional Use Permit for the use
of an existing 10'x 10'x20 metal storage container at 657 W. Duarte Road and this appeal is
appreciated.
RECEIVED
SEP 21 2005
CITY OF ARCADIA
Joe S. Borland CITY CLERK
BACK GROUND
This property was developed in 1960 by Mr. Upjohn. The 657 Building was built
& Leased to the National Cash Register NCR until 1980 when Joe Borland RPT
purchased the property & secure container. NCR used the secure container for a
night drop for cash registers to be repaired and before work pick up. This secure
container has been behind the 657 Building in the same location unchanged and
unexpanded since that time, a total of 45 years....
Joe Borland Physical Therapist started his physical therapy medical practice
and Borland's Retail with two business licenses in the City of Arcadia in 1971 .
Mr. Upjohn was Borland's patient and also sold Borland a cash register that same
year. On or about the same time Mr. Upjohn leased the secured container to
Borland for his business since NCR now manufactured electronic units. This
secure container has been in Borland's ownership for 34 years same location.
In 1990 Rick Gomez, Development Services Director for City of Arcadia,
Approved the concrete slab under the secure container. "NO" permit was required.
Mr. Gomez at the same time did not object to the secure container nor the location
behind the building, in fact he thought "the location was a good one for 30 years."
Now it has been 45 years...
Since then, 1971 Joe Borland Physical Therapy & Borland's retail has continued
in business at this same location and maintains the property including being the
property manager. Borland continues to have two businesses for the past 34 years
and uses the secure container for those businesses, medical records.
This conditional permit will not create precedent since it has existed since 1960
Piano Gallerie
CALIFORNIA MUSIC ACADEMY
657 West Duarte Road • Arcadia, CA 91007
VOICE: (626) 821 -9191 • FAX: (626) 821- 6006
September 20, 2005
City Council
City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91007
RE: CONDITIONAL USE PERMIT # 05 -14
Ladies and Gentlemen,
I am the owner operator of Piano Gallerie /California Music Academy located at the subject address
since 1996. During this passed 9+ years I have never received any comment, inquiry or complaint
regarding the subject container.
This subject container is tucked away in the rear of the building at 657 W. Duarte Rd. and is painted
in the same color of the building blended in as part of the landscape. It is not visible from either
Duarte Rd. or Baldwin Ave.. In addition, we never have any parking problem during these passed
many years in business at the location.
Your kind considerations and approval of this permit is just and appreciated.
August 9, 2005
City of Arcadia
240 W Huntington Drive
Arcadia, CA 91007
RE: Conditional Use Permit Hearing
C.U. P #: 2005 -14
Gentlemen:
I understand there is a concern about a security container located at 657 W Duarte Road
being an "eyesore ". I have worked at 630 W Duarte Road for a total of 20 years, first as
Branch Manager for Security Pacific National Bank, and now as Branch Manager for
Citizens Business Bank. In all of that time, I have not noticed the security container that
is in question, and have never heard any one of my customers express a concern about an
"unsightly" container housed at 657 W Duarte Road.
Sincerely,
Dianne C. Chapman
MESA Chiropractic
September 21, 2005
City of Arcadia
240 W Huntington Drive
Arcadia, CA 91007
RE: C.U.P. Hearing
Dear Sirs:
I have had my clinic at 638 West Duarte Road since September of 1990. During this time
there has been no indication of activity around the security container at 657 West Duarte
Road nor have there been complaints regarding such.
Sincerely,
1
W. David Goff D. .
City of Arcadia September 20, 2005
City Council
240 W. Huntington Dr.
Arcadia, Ca. 91066 -6021
Re: Conditional Use Permit Application No. 05 -14; Appeal of Planning Commission
Resolution No. 1733
Dear City Council Members:
I hereby appeal the denial of my Conditional Use Permit application No. 05 -14. My appeal
is based on the following considerations:
1.) The container that is the subject of this appeal has been in place for over 44
years. My use and occupancy has pre -dated any ordinance that you are
imposing on me. There should be a grandfather provision to allow an
inoffensive pre- existing secure container to remain. This secure container
has never been considered as a problem nor unsightly, contrary to the
subjective comment in the staff report. It is not an unsightly secure container
and it is behind the building and a wall in the middle . of the block,
VOID AFTER 90 DAYS
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positive and 4 individuals that testified in favor of leaving the container
where it has always been located & bothers no one.
I have reviewed the provisions of Section 9275.1.2 of the Arcadia Municipal Code that
outlines prerequisite conditions for issuance of a Conditional Use Permit and I believe that
I have met all 5 of the conditions set forth. I will sign an acceptance form as published by
the Development Services Department to indicate my awareness and acceptance of any
conditions for approval.
Your re- consideration of my application No. 05 -14 for a Conditional Use Permit for the use
of an existing 10'xIO'x20 metal storage container at 657 W. Duarte Road and this appeal is
appreciated.
ce rely
�� p
oe S. Borland
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N
STAFF REPORT
Police Department
DATE: November 1, 2005
TO: Mayor and Members of the City Council
FROM: Robert P. Sanderson, Chief of Police 0,
By: Nancy Chik, Management AnaW4 -z-
SUBJECT:: Resolution No. 6489 Adopting False Security Alarm Fees for the Police
Department
Recommendation: Approve
SUMMARY
Resolution No. 6489 sets forth updated fees for false security alarm responses by the
Police Department.
BACKGROUND & DISCUSSION
The Department responds to about 3,500 false alarm calls per year, and the normal
procedure is to have two officers respond to each of these calls. Several alarm
activations occurring in a short period of time can deplete the patrol strength, thus
depriving residents and visitors access to emergency services. Those locations that
chronically have a history of false alarm activations become nuisances.
The Police Department charges fees for services based upon the cost incurred to
provide each service. These fees are periodically updated to reflect increased costs.
The Department needs to recoup reasonable fees for services and to encourage
residents and business owners to properly maintain their alarm systems. A review of
the fees that were established in 1991 indicates that the fees do not reflect our current
rates and actual costs for service; therefore, updated fees are required.
Currently, there is no cost assessment for the first three false alarms in any consecutive
365 -day period. For the fourth and fifth false alarms, there is an assessment of $50; for
the sixth and all subsequent false alarms, there is a $100 cost assessment.
A cost analysis was conducted and it costs approximately $146 for the Police
Department to respond to each false alarm call. It is recommended that there should be
no cost assessment for the first three false alarms because California courts have made
a decision that the municipality must give the subscriber warning of the excessive false
alarms prior to actual billing. For a full recovery cost, $150 for the fourth and fifth false
alarms and $300 for the sixth and subsequent false alarms were suggested.
The Department recommends a lower fee structure because the proposed amounts
already reflect a 100% increase in the current rates, and the $146 per response is
based on a two- officer response, which is the normal practice. However, on some
alarm calls, only one officer is dispatched due to personnel shortage or other
circumstances. The proposed fees are as follows:
Residences and businesses with a security system used for.deterring burglaries are
allowed 3 false alarms over a 365 -day period, starting with the first alarm with no
penalty assessment. The fourth and fifth false security alarms in any consecutive 365 -
day period will be assessed $100. Each of the sixth and all subsequent false security
alarms in any consecutive 365 -day period will be assessed $200:
For each false security alarm which specifically signals a. robbery regardless of any
other crime, there shall be a cost assessment of $200, commencing with the second
false security alarm in any consecutive three hundred sixty-five (365) day period. After
one "robbery" false security alarm, the City shall issue a warning notice to the security
alarm user.
This Resolution shall become effective upon the adoption of Ordinance No. 2212.
FISCAL IMPACT
Staff estimates increased revenue of $5,000 to $10,000 annually to the City.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 6489 adopting false
security alarm fees for the Police Department.
Approved:
I
William R. Kelly, City Manager
Y
RESOLUTION NO. 6489
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA,
ADOPTING FALSE SECURITY ALARM FEES
FOR THE ARCADIA POLICE DEPARTMENT
WHEREAS, the Police Department charges certain fees for administrative
and related activities based on reasonable costs incurred by the Department; and
WHEREAS, subject fees are subject to change to cover actual costs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND
RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Arcadia Municipal Code Section 3907, the
cost assessments for false security alarm responses of the Arcadia Police
Department are set forth as follows:
(A) The first through third false security alarm in any consecutive
three hundred sixty -five (365) day period —No cost assessment.
(B) For each of the fourth and fifth false security alarms in any
consecutive three hundred sixty -five (3 65) day period —One
Hundred Dollars ($100.00) cost assessment.
i
f
(C) For each of the sixth and all subsequent false security alarms in
any consecutive three hundred sixty-five (365) day period—
Two Hundred Dollars ($200.00) cost assessment.
(D) For each false security alarm which specifically signals a
robbery regardless of any other crime, there shall be a cost
assessment of Two Hundred Dollars ($200.00), commencing
with the second false robbery alarm in any three hundred sixty-
five (365) day period.
SECTION 2. That the City Clerk shall certify to the adoption of this
Resolution.
Passed, approved, and adopted this ist
Mayor of the City of Arcadia
ATTEST:
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
2
rY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6489 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the lst day of November, 2005 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
a
City Clerk of the City of Arcadia
3
STAFF REPORT
Arcadia Redevelopment Agency
November 1, 2005
TO: Arcadia Redevelopment Agency
FROM: Don Penman, Deputy Executive Director
By: Brian Saeki, Economic Development Manager
SUBJECT:
SUM MA
On January 4, 2005, the City Council and Redevelopment Agency Board approved a
Land Assembly and Development Agreement ('LADA ") with Paul P. Rusnak .and
Rusnak/Arcadia to assist in assembling five (5) properties (approximately 3.6 acres) to
the east, Le., Church in Arcadia, a vacant triangular property Rod's Grill the Arcadia
Self Storage building, and the Elks Club for purposes of expanding his, existing
dealership. These properties are generally under -utilized, lade sufficient parking, and
combine incompatible land uses. 11
Rusnak/Arcadia is now requesting that the LADA be amended to allow the Executive
Director to approve an equivalent form: of financial assurance for the -Agency's
investment in lieu of a letter of credit. All other forms of security induded in the LADA
shall remain in place.
Rusnak/Arcadia is proposing to substitute the letter of credit form of security with a line
of credit. The line of credit would be issued by Volkswagen Credit. Staff :has reviewed
the line of credit document, and though it is not the same as a letter of credit, staff feels
it would provide adequate security in lieu of the letter of credit. Staff is recommending
that the Agency Board approve resolution number ARA 217 (Attachment 1) which
allows the Executive Director to approve other forms of financial assurance for the
Agency's investment.
Arcadia Redevelopment Agency
November 1, 2005
Page 2
DISCUSSION
The existing LADA provides for,several types of security to protect the City and Agency
in the event Mr. Rusnak and /or Rusnak/Arcadia does not comply with the requirements
as expressed in the LADA.
For example, Rusnak/Arcadia has provided the Agency with a promissory note secured
by a deed of trust on the existing 4-acre site. This could allow the Agency to recoup its
investment in the event of a default. In addition, deeds of trusts must be,recorded on all
acquired properties which would provide for the same type of security. Staff is
comfortable that the market value of the existing Rusnak parcel and any acquired
properties will provide more than adequate security. for the Agency.
Other types of security are as follows:
Section 6.6 of the LADA — No Transfer Prior to Repayment of Agency Loan
The Owner and/or Operator cannot transfer any of its interest in the Expansion
Site, Dealership Site, any improvement on either site nor any automobile
dealership franchise then being operated on the sites prior to repayment in full of
all principal and accrued interest under the Promissory Note.
Section 8.1 of the LADA = Agency Right to Approve Lenders
The Agency can use its "reasonable" discretion to approve lenders.and all related
loan documents.
Section 8.2 of the LADA — Recordation of Construction Loan
The Owner.agrees to record-a construction loan against the Expansion Site or
Dealership Site within 30 days following the close.of escrow.
Section 8.7 of the LADA — Subordination of Agency Deed of Trust
At close -of escrow, the Agency will be in the first lien position. The Agency can
agree tb subordinate to second lien position only to a permitted security interest
(i.e., land financing, construction loans, etc.);
If theAgency is to take a second position to a permitted security interest, the
Owner must provide payment and performance bonds in favor of the Agency for;=
the completion of the Expansion Project.
Arcadia Redevelopment Agency
November 1, 2005
Page 3
Section 10.3 of the LADA — Agency Rights to accelerate Obligations
Upon any default, the Agency may declare all amounts due or that may become
due to the Agency or the City.
Section 10.4 & 5 of the LADA — Agency Termination Rights Prior to the Close of the
First Phase of Agency /Owner Escrow & Agency Power of Termination regarding
Dealership Site
Under Civil Code Sections 885.010, at seq., the Agency in its sole and absolute
discretion (with 30 days written notice), can terminate the fee interest of,the
Owner in real property conveyed through the Agency Grant Deed...
If the Agency were to exercise its right to terminate the Agreement, all approved
loans (land financing and construction loans) would be paid first, then the Agency
and if there were proceeds remaining, they would go to the Owner.
Finally, Mr. Rusnak is to provide the Agency with a $4 million letter of credit. Because
of the cost of the letter of credit, Rusnak is requesting that a similar substitute security
be allowed by the Agency (line of credit).
The line of credit would be in the amount of $4 million and the Agency would have the
exclusive right to draw upon it if in the event of a default by Mr. Rusnak and/or Rusnak
Arcadia. The term of the line of credit would be for three (3) years and will be renewed
annually. However, Volkswagen would have the right to terminate the Agreement with
120 days notice to the Agency. If they choose to do so, Mr. Rusnak must provide an
equivalent substitute security acceptable to the Agency within the 120 day time period.
If an acceptable substitute is not provided, the Agency has the authority to draw upon
the entire $4 million at that time.
It is staffs opinion that the line of credit with Volkswagen is sufficient security in lieu of
the letter of credit. Volkswagen is a credible financial institution with sufficient assets to
guarantee the $4 million line of credit. Most importantly, the Agreement with
Volkswagen Credit will provide the Agency with the opportunity to draw upon the $4
million in the event of a default.
ENVIRONMENTAL IMPACT
Amendment No. 1 to the LADA will not effect the environmental impacts of the proposed
development. Therefore, the Mitigated Negative Declaration and Mitigation Monitoring
Plan approved by the City Council and Agency Board address and mitigate any
potential environmental impacts from the project.
Arcadia Redevelopment Agency
November 1, 2005
Page 4
FINANCIAL IMPACT
Amendment No. 1 to the LADA will have no financial impact on the City and or Agency.
RECOMMENDATION
That the Arcadia Redevelopment Agency Board adopt Resolution No. ARA 217
amending the Land Assembly and Development Agreement between the Arcadia
Redevelopment Agency, and Paul P. Rusnak and RusnaklArcadia which would
allow the Executive Director to approve other forms of financial assurance to the
Agency in lieu of the $4 million letter of credit.
Appro
ved: .
William R. Kelly, Executive Director
—
RESOLUTION NO. ARA -217
A RESOLUTION OF THE ARCADIA REDEVELOPMENT
AGENCY OF THE CITY OF ARCADIA, CALIFORNIA,
APPROVING AMENDMENT NO. I TO A CERTAIN LAND
ASSEMBLY AND DEVELOPMENT AGREEMENT WITH PAUL
P. RUSNAK AND RUSNAK/ARCADIA
WHEREAS, the Arcadia Redevelopment Agency (the "Agency ") has
entered into a certain Land Assembly and Development Agreement ( "Agreement ")
with Paul P. Rusnak and Rusnak/Arcadia (collectively, the "Owner" or the
"Operator ") dated December 7, 2004 pursuant to which the Agency agreed to assist
the Owner and/or the Operator in the expansion of their existing automobile
dealership within the Central Redevelopment Project Area (the "Project Area ");
Wei
WHEREAS, the Agreement requires the Owner to provide the Agency a
letter of credit in order to provide certain financial assurance to the Agency
regarding the Owner's and the Operator's performance of their obligations under
the Agreement; and
WHEREAS, the Agency, the Owner and the Operator now desire and intend
to amend the Agreement to provide for the flexibility of other forms of financial
assurance to be provided by the Owner to the Agency, in addition to or separate
from a letter of credit; and
t
.s
WHEREAS, the Agency now proposes to enter into Amendment No. 1 to
the Agreement ( "Amendment No. 1 ") for the foregoing purposes, and has found
and determined that Amendment No. 1 does not materially alter any essential terms
and provisions of the Agreement, is in the best interests of the Agency and will
assist the Agency in achieving the purposes for which the Agency has entered into
the Agreement.
NOW, THEREFORE, THE ARCADIA REDEVELOPMENT AGENCY OF
THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The Agency hereby approves Amendment No. 1, a copy
of which is on file with the Agency Secretary. The Agency further authorizes and
directs the Executive Director of the Agency, or his designee, to execute
Amendment No. 1 on behalf of the Agency, together with such nonsubstantive
changes thereto as may be approved by the Executive Director of the Agency and
Agency Counsel.
SECTION 2. The City Clerk shall certify to the adoption of this
Resolution.
2
Passed, approved and adopted this ist day of November- , 2005.
Chairperson
Arcadia Redevelopment Agency
ATTEST:
IS/ wJA ES H. BARROWS
Secretary
Arcadia Redevelopment Agency
APPROVED AS TO FORM
Stephen P. Deitsch
Agency Counsel
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, Secretary of the Arcadia Redevelopment Agency of
the City of Arcadia, hereby certifies that the foregoing Resolution No. ARA -217 was
passed and adopted by the Arcadia Redevelopment Agency of the City of Arcadia,
signed by the Chairperson and attested to by the Secretary at a regular meeting of said
Agency held on the 1 st day of November, 2005 and that said Agency Resolution was
adopted by the following vote, to wit:
AYES: Agency Members Chandler, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
JAMS H, ARRO
Secretary of the Arcadia
Redevelopment Agency
0
STAFF REPORT
Police Department
DATE: November 1, 2005
TO: Mayor and Members of the City Council
FROM: Robert P. Sanderson, Chief of Police
By: Nancy Chik, Management Analyst-9
SUBJECT: Ordinance No. 2212 Amendino Sectio
Introduce
SUMMARY
The Police Department requests amendment to Section 3907 of the Arcadia
Municipal Code pertaining to false security alarm cost assessment/grace period.
Speck fees have historically included in the Municipal Code, and it is
recommended that the fee amounts be deleted from the Municipal Code and that
updated fees will be set by resolution from time to time.
BACKGROUND & DISCUSSION
The Department responds to about 3,500 false alarm calls per year. Each
response requires a minimum of two officers to respond on these calls. Several
alarm activations occurring in a short period of time can deplete the patrol
strength, thus depriving residents and visitors access to emergency services.
Those locations that chronically have a history of false alarm activations become
nuisances.
The City has an ordinance dealing with security alarm systems, the required
permits, a process for assessing penalties for nuisance locations, and criminal
prosecution if necessary. Residences and businesses with a security system
used for deterring burglaries are allowed 3 false alarms over a 365 -day period,
starting with the- first alarm with no penalty assessment. The fourth and
subsequent alarms in the 365 -day period can be assessed a penalty that
increases with each false alarm.
In our review of the ordinance pertaining to false alarm fees, it has come to our
attention that the fees charged for false alarm responses are too low. The City
should be able to recoup reasonable fees for services and to encourage residents
and .business owners to properly maintain their alarm systems. Because fee
assessments are periodically reviewed and adjusted, it is recommended that the
fee amounts be removed from the Municipal Code and that updated fees will be
established by resolution adopted by the City Council from time to time.
The proposed amendment will read as follows:
"3907. FALSE SECURITY ALARM COST ASSESSMENT/
GRACE PERIOD. Any person having a security alarm system
which results in an Arcadia Police Department response in which
the security alarm proves to be a false, security alarm, -shall pay a
cost assessment fee to the City of Arcadia as established from time
to time by Resolution of the City Council. There will be no penalty
assessment for any false security alarms that occur within thirty
(30) calendar days of the initial completed installation of a new
security alarm system. A false security alarm cost assessment
shall be paid to the City after four (4) false security alarms have
been received from any one (1) source from any one (1) security
alarm system, in accordance with the following schedule:
A. The first through third false,security alarm in any consecutive
three hundred sixty -five (365) day period will incur no cost
assessment.
B. For each of the fourth and fifth false security alarms in any
consecutive three hundred sixty -five (365) day period, there will
be a cost assessment as set forth by Resolution of the City
Council.
C. For each of the sixth and all subsequent false security alarms in
any_ consecutive three hundred sixty -five (365) day period,
there will be a higher cost assessment as set ;forth by
Resolution of the City Council.
D. Notwithstanding any provisions herein to the contrary, for.each
false security alarm which specifically signals a robbery
regardless of any other crime, there shall be a cost assessment
as set forth by Resolution of the City Council, commencing with
the second false security alarm In any consecutive three
hundred sixty-five (365) day period. After one (1) 'robbery"
false security alarm, the City shall issue a warning notice to the
security alarm user. As set forth in Penal Code Section 211,
"robbery" means the felonious taking of personal property in the
possession of another, from his person or immediate presence,
and against his will, by means of force or fear.
Notwithstanding any provision herein to the contrary, the cost
assessment set forth in this subsection D shall not apply to so-
called "panic" alarms which signify any kind of emergency.
The purpose of this Section 3907 is, in part, to assure that
assessments shall apply to any person whose security alarm
system results in at least four (4) false security alarms within any
consecutive three hundred sixty -five (365) day period. Any false
security alarm within any three hundred sixty-five (365) day period
shall be counted as part of the calculation of cost assessments as
set forth by Resolution of the City Council. Accordingly, a person
cannot be cleared of any false security alarms in this determination,
unless that person's security alarm system does not register any
false security. alarms for at least three hundred sixty-five • (365)
consecutive days."
FISCAL IMPACT
With the new false alarm fees to be established by Resolution, the City
anticipates an annual revenue of $5,000 to $10,000. .
RECOMMENDATION
Introduce Ordinance No. 2212 amending Section 3807 of the Arcadia
Municipal Code Concerning False Security Alarms.
Approved:
William R. Kelly, City Manager
ORDINANCE NO. 2212
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AMENDING
SECTION 3907 OF THE ARCADIA MUNICIPAL
CODE CONCERNING FALSE SECURITY ALARMS.
THE CITY COUNCIL OF, THE. CITY OF ARCADIA, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 3907 of the Arcadia Municipal Code is hereby
amended to read as follows:
"3907. FALSE SECURITY ALARM COST ASSESSMENT /GRACE
PERIOD. Any person having a security alarm system which results in an Arcadia
Police Department response in which the security alarm proves to be a false
security alarm, shall pay a cost' assessment fee to the City of Arcadia as established
from time to time by Resolution of the City Council. There will be no penalty
assessment for any false security alarms that occur within thirty (30) calendar days
of the initial completed installation of a new security alarm system. A false
security alarm cost assessment shall be paid to the City after four (4) false security
alarms have been received from any one (1) source from any one (1) security alarm
system, in accordance with the following schedule:
A. The first through third false security alarm in any consecutive three
hundred sixty-five (365) day period will incur no cost assessment.
1
B. For each of the fourth and fifth false security alarms in any
consecutive three hundred sixty-five (365) day period, there will be a cost
assessment as set forth by Resolution of the City Council.
C. For each of the sixth and all subsequent false security alarms in any
consecutive three hundred sixty-five (365) day period,.there will be a higher cost
assessment as set forth by Resolution of the City Council.
D. Notwithstanding any provisions herein to the contrary, for each false
security alarm which specifically signals a robbery regardless of any other crime,
there shall be a:cost assessment as set forth by Resolution of the City Council,
commencing with the second false security alarm in any consecutive three hundred
sixty-five (365) day period. After one (1) `robbery" false security alarm, the City
shall issue a warning notice to the security alarm user. As set forth in Penal Code
Section 211, "robbery" means the felonious taking of personal property in the
possession of another, from his person or immediate presence, and against his will,
by means of force or fear..
Notwithstanding any provision herein to the contrary, the cost assessment set
forth in this subsection D shall not apply to so- called "panic" alarms which signify
any kind of emergency.
The purpose of this Section 3907 is, in part, to assure that assessments shall
apply to any person whose security alarm system results in at least four (4) false
.a
security alarms within any consecutive three hundred sixty-five (365) day period.
Any false security alarm within any three hundred sixty-five (365) day period shall
be counted as part of the calculation of cost assessments set forth by Resolution of
the City Council. Accordingly, a person cannot be cleared of any false security
alarms in this determination, unless that person's security alarm system does not
register anyfalse security alarms for at least three hundred sixty-five days (365)
consecutive days.
SECTION 2. The City Clerk shall certify the adoption of this Ordinance and
shall cause'a copy of the same to be published in the official newspaper of the City
of Arcadia within fifteen (15) days after its adoption.
Passed, approved and adopted this day of , 2005.
Mayor of the City of Arcadia
ATTEST:
City Cleric of the City of Arcadia
APPROVED AS TO FORM:
R Y
Stephen P. Deitsch
City Attorney
3
t
November 1, 2005
STAFF REPORT
Public Works Services Department
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services DirecCor
Prepared by: Tom.Tait, Field Services Manager
Dave Thompson, Street Superinten ant
SUBJECT: Asphalt - Grinding machine
Recommendation: Purchase one (1) 2005 Asphalt- Grinding machine from
Asphalt Zipper, Inc. in the amount of $65,950
SUMMARY
Staff is recommending that the City Council award a purchase order contract for one (1)
asphalt - grinding machine to Asphalt Zipper, Inc. in the amount of $65,950.00. This
equipment will be used to remove asphalt for trenching and patching of raised and
damaged areas providing an easier and faster repair and improving pavement
maintenance operations of City streets overall.
Funds in the amount of $75,000 have been budgeted for this acquisition in the 2005-
2006 Equipment Replacement Fund.
DISCUSSION
Conventional asphalt roads breakdown and deteriorate due to age, excessive wear and
tear, and weather conditions. Furthermore, City owned tree roots are lifting and
damaging asphalt pavement throughout the City. The asphalt grinder machine will be
used to safely and efficiently remove asphalt for trenching and patching of raised and/or
damaged areas. This machine will greatly reduce the time and physical labor that is
currently spent removing and repairing city streets. The purchase of this piece of
equipment will increase productivity while reducing the risk of injury to staff.
Additionally, the ground material will be recycled and used as a base material to fill
trenches and other repair work. Finally, this machine has been designed to excavate at
variable depths, thus helping to prevent the likelihood of costly damage to underground
utilities.
Mayor and City Council
November 1, 2005
Page 2
Notices inviting bids were published in the adjudicated paper and bid packages were
distributed to area dealers. The following two (2) sealed bids were received on
September 27, 2005:
BIDDER BID AMOUNT
Asphalt Zipper, Inc. $65,950.00
Asphalt Maintenance Equipment $79,270.00
Staff is recommending that the City Council award a purchase order contract for one (1)
Asphalt- Grinding machine in the amount $65,950 to Asphalt Zipper, Inc.
FISCAL IMPACT
Funds in the amount of $75,000 are budgeted' in the 2005 -06 Equipment Replacement
Fund for this acquisition.
RECOMMENDATION
1. Approve the purchase of one (1) 2005 Asphalt- Grinding machine in
the amount of $65,950.00 to Asphalt Zipper, Inc.
2. Authorize the Purchasing Officer to issue a purchase order for this
acquisition.
APPROVED: �
William R. Kelly, City Manager
PM:TWT:DT:dw
STAFF REPORT
Public Works Services Department
November 1, 2005
TO: Mayor and City Council -,
FROM: Pat Malloy: Public Works Services Director
Prepared by: Dave McVey, General Services up rintendent
SUBJECT: Purchase two (2) 2006 Pick Up Trucks
Recommendation: Approve the purchase of two (2) Pick Up
Trucks with utility bodies in the amount of $49,693.42 from
Pasadena Ford
SUMMARY
Staff is recommending that the City Council award a purchase order contract for two (2)
2006 Ford trucks in the amount of $49,693.42 to Pasadena Ford for the purchase of two
(2) three - quarter ton pick up trucks with utility bodies.
These vehicles will replace two (2) vehicles used by the Public Works Services
Department, Streets and Water Sections. $60,000.00 is included in this year's
Equipment Replacement Budget for these units. The total cost for purchasing these
trucks is $49,693.42.
DISCUSSIONS
The 2005 -06 Equipment Replacement Fund provides for the replacement of two (2) pick
up trucks with utility bodies for the Public Works Services Department, Street and Water
Sections. The vehicles scheduled for replacement are a 1995 Chevy and a 1996 Ford
pick up trucks. Each of these vehicles meet the mileage and /or age requirement defined
in the City's vehicle replacement policy. Additionally, the vehicles will be equipped with
new two -way mobile radios, emergency lighting, and arrow message boards.
Pasadena Ford has agreed to recognize a 2003 City of Arcadia purchase order that
included the purchase of a 2004 three - quarter ton pick up truck with utility body.
Pasadena Ford will recognize the same per unit price for two (2) 2006 trucks at the
2004 selling price. The purchase of these vehicles at this particular time allows the City
to benefit by receiving brand new 2006 model vehicles for the price of the 2004 models.
Staff has determined that Pasadena Ford Sales is a qualified company and the vehicles
being provided meet City specifications.
Mayor and City Council
November 1, 2005
Page 2
FISCAL IMPACT
Funds in the amount of $60,000.00 have been budgeted in the 2005 -06 Equipment
Replacement Fund for:the purchase of these vehicles.
RECOMMENDATION
1. Approve the purchase of two (2) 2006 Ford pick up trucks in the amount
of $49,693.42 from Pasadena Ford.
2. Waive the formal bidding process and authorize a cooperative purchase
with Pasadena Ford using the 2003 City of Arcadia purchase order unit
prices.
APPROVED BY:
William R. Kelly, City Manager
PM :DM:dW
Avryn f. NO3
STAFF REPORT
Public Works Services Department
November 1, 2005
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Direc46r
Prepared by: Gary F. Lewis, General Services Ma ager
Ken Herman, Associate Civil Engineer
SUBJECT: Santa Anita Reservoir No. 4 Design
Recommendation: Authorize a change order to RBF Consulting in the
amount of $41,210 to provide engineering support services for the
construction of the Santa Anita Reservoir No. 4.
SUMMARY
The 2003 -04 Capital Improvement Program provides for the construction of a new 4
million gallon reservoir to replace reservoirs No. 1 and 2, each having a storage
capacity of 1.0 million gallons. The City has received $5,126,049 grant funding over the
last four (4) years from the U.S. Environmental Protection Agency (USEPA) for water
system'improverrients for seismic reliability, $2.2 million is being applied to this project.
Included in the scope of work for the design of Santa Anita Reservoir No.4 is the
responsibility of the Engineer of Record to provide engineering technical support to the
project during the course of construction. RBF Consulting has requested additional
funds be added to their existing professional services agreement for engineering
support hours spent in excess of the original budget estimate. Staff recommends that
the City Council authorize a change order in the amount of $41,210 to RBF Consulting
to continue to provide engineering support during the construction of the reservoir.
DISCUSSION
The replacement of Reservoirs No. 1 and 2 with Reservoir No. 4 is the third phase of an
overall program of facility improvements at this site. Phase 1 was completed in 2001
and involved upgrading the Santa Anita Booster Pump Station. Phase 2 was recently
completed and involved the seismic rehabilitation of Santa Anita Reservoir No. 3.
Phase .3 involves the design and construction of a new 3.5 million gallon (MG) reservoir,
replacing the two existing 1.0 MG reservoirs at this facility. Design of the reservoir was
completed in October of 2004, and the City Council awarded the contract for the
construction of the reservoir in January of 2005. The reservoir is currently under
construction and anticipated to be complete in May of 2006.
Mayor and City Council
November 1, 2005
Page 2
During the course of construction, the Engineer of Record typically providesengineering
support of the project by responding to Requests For Information (RFI), reviewing and
approving product submittals, making periodic site inspections, and completing the final
as -built revisions to the Record Drawings.
Prior to the project being designed, it's very difficult for the Design Engineer to
anticipate all the costs that could occur or to know the level of involvement that will be
needed based on the final design. In their initial proposal to provide design services,
submitted in 2002 RBF estimated time required for the construction support of the
project based on the following factors:
• The size and complexity of the structure
• The anticipated project start date and project duration,
• The Construction Management team providing construction direction
• The Contractor and competence of the construction team,•
• The cost to construct the project
• The final document recording required by the EPA
Throughout the course of construction, RBF has supported the "project demands by
reviewing all design - related shop drawings, product information and questions
submitted by the Contractor. Often times these questions are related to product
substitutions or changes in the execution of work proposed by the Contractor in order to
cut the Contractor's costs and increase profit or stay within their bid. These; requests
have needed to be evaluated by the Design Engineer to ensure that the quality of the
structure is not compromised.
RBF has worked very closely with City staff and with the contract Construction
Management staff to control the products used and execution of work, however the
effort required to meet these' demands is in excess of what RBF had originally
anticipated, and they are requesting additional funds to cover their costs. It is important
to retain the services of RBF throughout the construction process as they are the
Engineer of Record, and will be required by the EPA to approve the final record drawing
set.
The tight control of the project by Staff, the Construction Management team, and RBF
has resulted in a project that is on schedule with only $4,400 in change orders. The total
change orders to date by the Contractor represent 0.08% of the original construction
contract.
ENVIRONMENTAL IMPACT:
The City Council adopted a Negative Declaration for this project on November 21, 2000,
pursuant to the provisions of the California Environmental Quality Act; Staff did not find
substantial evidence that this project would have a significant or potentially significant
adverse effect on the environment. As a condition of the federal grant approval, the
USEPA also completed an Environmental Assessment under the National
Environmental Policy Act and did not find this project to have a significant environmental
impact. Therefore,' no further action is necessary for approval of entering into a
professional services agreement.
Mayor and City Council
November 1, 2005
Page 3
FISCAL IMPACT:
Funds in the amount of $540,000 were budgeted in the 2002 -2003 Capital Improvement
Program for engineering services including design and preparation of plans,
specifications and bid and contract documents, and the provision of construction
support. The current contract with RBF Consulting is $422,894. Addition of the
requested change would increase this contract to $464,104.
RECOMMENDATIONS:
Authorize a change order in the amount of $41,210 to RBF Consulting to
provide engineering support services during the construction of the Santa
Anita Reservoir No. 4.
Approved:
William R. Kelly, City Manager
PM:GFL:KH:dw
Lug 5,110
de {u[!. BOf
STAFF REPORT
Public Works Services Department
November 1, 2005
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Direct r-
Prepared by: Tom Tait, Field Services Manager
Martin Ray, Utilities Superintendent
SUBJECT:
Recommendation: Authorize the City Manager to enter into a
contract with General Pump Company, Inc. in the amount of $300,000
to provide preventive maintenance services and repair of City owned
water wells and booster pumps.
SUMMARY
The City of Arcadia owns and operates water production and distribution facilities, which
includes 13 water production wells and 32 booster pumps. The mechanical pumps,
motors and appurtenances require regular and, at times, extraordinary maintenance to
ensure that water system demands are met. Currently, staff solicits separate bids for
each required service, repair or whenever a failure in the system occurs. This can be
time consuming and costly especially for emergency service repairs. To improve our
response time and to keep the system operating as designed, a service contract for this
work would be beneficial to the City. Funding for this work is included in this year's
operating budget.
On September 25, 2005, sealed bids were opened for well and booster pump
maintenance services. Three (3) bids were received with General Pump Company, Inc.
submitting the lowest responsive bid. Staff has reviewed their bid and found it to be
satisfactory. This service contract ensures that preventative maintenance services and
urgent and emergency repairs are performed on the City's wells and booster pumps in a
timely manner. Therefore, staff recommends that the City Council award a one (1) year
contract in the amount of $300,000 to General Pump Company, Inc. for annual
preventive maintenance and repair services on City owned water wells and booster
pumps.
Mayor and City Council
November 1, 2005
Page 2
DISCUSSION
The City of Arcadia's water system annually delivers approximately 17,000 acre -feet of
potable drinking water through its 13,800 water service.:connections. The water supply
for the system is obtained from 13 groundwater production wells. Additionally, the water
system is divided up into seven (7) pressure zones, which includes 32 booster pumps
that pump water through the distribution system into 16 reservoirs throughout the water
system. These reservoirs are used to provide emergency storage, meet daily system
demands and to provide adequate storage and pressure in the event of a fire.
The Public Works Services Department is responsible for the day-to- dayoperation and
maintenance of the City's wells and booster pumps. However, in certain instances work
goes beyond staffs capability to repair or perform specialized maintenance services. In
these cases, a bid is requested each time we have to repair a pump or well which can
be time- and inefficient. Additionally, not having immediate access to a
contractor whenever emergency repairs are needed can be costly to the City. An
annual. preventive maintenance contract will eliminate the need to go out to bid
separately each time a particular service(s),or repair(s) has to be completed.
A specific list of work, covering every possible repair scenario, was listed in the proposal
to ensure that repair costs were covered for any repair. Bidders, were asked to provide
the unit cost associated for each possible work scenario that may or may not be needed
for maintenance and /or repairs. Because the bid tabulation includes all repair
scenarios the actual contract cost will be significantly lower. The amount recommended
for award .:is based on the average actual maintenance and -repair "expenditures
experienced over the last several years.
Moreover, the City's dependence on the water system makes the annual preventative
maintenance wells and booster pumps an essential aspect in continuing to provide a
reliable and safe supply to the City's residents and businesses. As a result, this service
contract will. provide, timely and reliable preventative maintenance services and repairs
to the City's wells and booster pumps.
A Notice inviting Bids for this project was advertised and published in local papers. The
City Clerk publicly opened three (3) responses on September 25, 2005, with the
following results: I
.
Bidder Location Bid Amount
General Pump Company San Dimas $401,500.00
PumpMan Baldwin Park $575,700.00
Evans - Hydro Rancho Dominguez $ No - Bid
L.
Mayor and City Council
November 1, 2005 .
Page 3
The bid proposal form was prepared to include all o� ssible labor, equipment and work
that would or could be required in performance of the preventative maintenance of City
wells and booster pumps. The actual recommended contract amount is based on
average expenditures over the last several years, which is more reflective of the type of
work that will be needed to maintain and service our wells and booster pumps.
Therefore, the actual contract cost will be less than the lowest bidder's proposed
figures.
Staff has reviewed the bid documents for content and has investigated the low bidder's
background and recent projects for competency. It is staffs opinion that General Pump
Company, Inc. can satisfactorily perform the work required and recommends that the
City Council award a contract in the amount of $300,000 to General Pump Company,
Inc. for annual preventative maintenance services on City owned wells and booster
pumps.
ENVIRONMENTAL IMPACT
This project is categorically exempt per Section 15301 Class 1 (d) from the
requirements of the California Environmental Quality Act.
FISCAL IMPACT
$300,000 is budgeted in the 2005/06 operating budget for preventative maintenance
services of the City's water wells and booster pump stations.
RECOMMENDATION
1. Award a one (1) year contract in the amount of $300,000.00 to General
Pump Company, Inc. for the annual preventative maintenance and
rehabilitation of City owned wells and booster pumps.
2. Authorize the City Manager and City Clerk to execute a contract in a form
approved by the City Attorney
Approved by: —�
William R. Kelly, City Manager
PM:TT:MR:dw
c e
°• MEMORANDUM
Office of the City Attorney
DATE: November 1, 2005
TO: MAYOR AND CITY COUNCIL (�
FROM: STEPHEN P. DEITSCH, CITY ATTORNEY v
SUBJECT: ORDINANCE NO. 2211 AMENDING SECTIONS OF THE
ARCADIA MUNICIPAL CODE PERTAINING TO ADULT
BUSINESSES AND ADDING A NEW CHAPTER TO THE
ARCADIA MUNICIPAL CODE PERTAINING TO THE
LICENSING OF ADULT BUSINESSES
Recommendation: Introduce
SUMMARY:
It is recommended that the City Council introduce Ordinance No. 2211 amending
sections of the Arcadia Municipal Code pertaining to adult businesses and adding a
new chapter to the Arcadia Municipal Code pertaining to the licensing of adult
businesses.
DISCUSSION:
The City's existing adult business regulations are contained in the "Division and
Use of Land" provisions of Article IX, Chapter 2, Part 7, Division 9 of the Arcadia
Municipal Code. The regulations include licensing requirements as well as adult
business operating, zoning and locational requirements. As it is currently
structured, any amendment to the City's existing adult business regulations will
require a public hearing since California law requires that local governments hold
public hearings prior to any land -use and planning amendments. The proposed
amendments will reorganize the existing adult business regulations by deleting
certain sections pertaining to adult business licensing from Article IX, Chapter 2
and moving them to the "Businesses, Professions, Trades, and Occupations"
provisions of Article VI, Chapter 8 of the Arcadia Municipal Code. This will not
only move such sections to a more appropriate location, but will allow the City
Council to amend such sections in the future without a public hearing.
Moreover, the proposed amendments are intended to update the City's adult
regulations so they continue to meet the constitutional requirements established by
the courts and to protect the City from the potential adverse secondary effects that
may be caused by having an adult business located inappropriately in the City.
Courts have held that adult businesses provide a forum for protected speech and
expression. Although cities cannot ban them entirely from their jurisdiction, they
may regulate such businesses to address any adverse secondary effects that they
may create including crime, the spread of sexually transmitted diseases and
blighting effects. In fact, the United States Supreme Court in a number of
decisions has repeatedly upheld the use of secondary effect studies to justify
content - neutral regulations aimed at addressing the adverse secondary effects.
Studies documenting the adverse secondary effects upon which the . City's
regulations are based are summarized in the proposed ordinance, and incorporated
herein by reference.
Staff has prepared the attached ordinance for consideration and introduction by the
City Council. Ordinance No. 2211 includes the following changes to the existing
adult business regulations:
1) Adds several findings that cite to studies upon which the City's
regulations are based and references case law as a means to document
additional secondary effects.
2) Adds certain requirements to obtain an adult business regulatory
permit.
3) Eliminates appeals to the City Council by making decisions of the
Business License Review Board final.
4) Requires a security guard to be on duty on adult business premises at
all times.
5) Adds unrated materials that are characterized by an emphasis on
depicting or describing specified sexual activities to the list of
materials that are restricted to minors.
PA
FISCAL IMPACT:
There is no anticipated fiscal impact to the City in regard to the City Council's
action on this item.
RECOMMENDATION
Introduce Ordinance No. 2211 amending sections of the Arcadia Municipal Code
pertaining to adult businesses and adding a new chapter to the Arcadia Municipal
Code pertaining to the licensing of adult businesses.
APPROVED:
William R. Kelly
City Manager
Attachment
3
ORDINANCE NO. 2211
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AMENDING SECTIONS 9279.1,
and 9279.3 THROUGH 9279.16 OF THE ARCADIA
MUNICIPAL CODE PERTAINING TO ADULT BUSINESSES,
DELETING ALL OR PORTIONS OF SECTIONS 9279.1 and
9279.3 THROUGH 9279.14, AND ADDING A NEW CHAPTER
TO THE ARCADIA MUNICIPAL CODE PERTAINING TO
LICENSING OF ADULT BUSINESSES
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. FINDINGS. The City Council of the City of Arcadia hereby finds,
determines, and declares that:
A. The City Council finds that it is necessary and appropriate to amend Article DX,
Chapter 2, Part 7, Division 9, entitled "Adult Businesses" of the Arcadia Municipal Code by
amending the provisions as they relate to required distance between adult businesses by deleting
certain provisions that will be added to a new chapter, located at Article VI, Chapter 8, and
entitled "Adult Business License." The public health, safety and welfare of the City of Arcadia
and its residents require the enactment of this Ordinance in order to: (1) mitigate and reduce the
judicially recognized potential adverse secondary effects of adult businesses, including but not
limited to crime, the prevention of blight in neighborhoods and the increased threat of the spread
of sexually transmitted diseases; (2) protect the quality of life and neighborhoods in the City, the
City's retail and commercial trade, and local property values, and minimize the potential for
nuisances related to the operation of adult businesses; and (3) protect the peace, welfare and
privacy of persons who own, operate and/or patronize adult businesses.
B. The City Council, in adopting this Ordinance, takes legislative notice of the
existence and content of the following studies concerning the adverse secondary effects of adult
businesses in other cities: Garden Grove, California (1991); Tucson, Arizona (1990); Seattle,
Washington, Department of Construction and Land Use (1989); Austin, Texas, Office of Land
Development Services (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana,
Department of Metropolitan Development (1984); Houston, Texas, City Council Report (1983
and 1997); Beaumont, Texas (1982); Minnesota Crime Prevention Center, Inc., Minneapolis
(1980); Phoenix, Arizona (1979); Los Angeles, California, Department of City Planning (1977);
Amarillo, Texas, Planning Department (1977); and Cleveland, Ohio (1977); New York, New
York (1994); Newport News, Virginia (1996); Times Square, New York City (1994); Whittier,
California (1978); Adams County, Colorado (1990); Dallas, Texas (1997) and El Paso, Texas
(1986). The studies and their summaries are available for public review in the City Clerk's
office. The City Council finds that these studies are relevant to the problems addressed by the
City in enacting this Ordinance to regulate the adverse secondary effects of adult businesses and
more specifically finds that these studies provide convincing evidence that:
1. There is substantial evidence that an increase in crime tends to
accompany, concentrate around, and be aggravated by adult businesses, including but not limited
to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and
violence against persons and property. The studies from other cities establish by convincing
evidence that adult businesses that are not regulated as to operating standards often have a
deleterious effect on nearby businesses and residential areas, causing, among other adverse
secondary effects, an increase in crime and a decrease in property values.
2. Regulations for adult businesses should be developed to prevent
deterioration and/or degradation of the vitality of the community before the problem exists,
rather that waiting for problems to be created.
C. In developing this Ordinance, the City Council is mindful of legal principles
relating to regulation of adult businesses, and the City Council does not intend to suppress or
infringe upon any expressive activities protected by the First Amendment of the United States
and California Constitutions but instead desires to enact reasonable time, place, and manner
regulations that address the adverse secondary effects of adult businesses. The City Council has
considered decisions of the United States Supreme Court regarding local regulation of adult
businesses, including but not limited to: City of Los Angeles v. Alameda Books, 122 S.Ct. 1728
(2002); City of Erie v. Pap's A.M. (Kandyland'), 529 U.S. 277, 120 S.Ct. 1382, 146 L.Ed.2d
265 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991);
FW /PBS, Inc. v. City of Dallas, 493 U.S. 215, 110 S.Ct. 596,107 L.Ed.2d 603 (1990); City of
Renton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986); and Young
v. American Mini Theaters, Inc., 427 U.S. 50, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976); decisions of
the United Stated Court of Appeals for the Ninth Circuit, including but not limited to: Gammoh
v. City of La Habra (9` Cir. 2005) 395 F.3d 1114; World Wide Video of Washington, Inc. v. City
of Spokane, 2004 WL 1171686 (9` Cir.(May 2004)); Diamond v. City of Taft, 215 F.3d 1052
(9th Cir. 2000), cert. denied 531 U.S. 1072 (2001); Isbell v. City of San Diego, 258 F.3d 1108
(9th Cir. 2001); Young v. City of Simi Valley, 216 F.3d 807 (9th Cir. 2000), cert. denied 531 U.S.
1104 (2001); Lim v. City of Long Beach, 217 F.3d 1050 (9th Cir. 2000), cert. denied 121 S.Ct.
1189 (2001); Alameda Books v. City of Los Angeles, 222 F.3d 719 (9th Cir. 2000), cert. granted
121 S.Ct. 1223 (2001); Baby Tam & Co., Inc. v. City of Las Vegas ( "Baby Tam 1'), 154 F.3d
1097 (9th Cir. 1998); Baby Tam & Co., Inc. v. City of Las Vegas ("Baby Tam II'), 199 F.3d
1111 (9th Cir. 2000); Baby Tam & Co., Inc. v. City of Las Vegas ( "Baby Tam III), 247 F.3d
1003 (9th Cir. 2001); 4805 Convoy, Inc. v. City of San Diego, 183 F.3d 1108 (9th Cir. 1999);
Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993), cert. denied 511 U.S.
1030 (1994); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. City of
Kent, 163 F.3d 545 (9th Cir. 1998), cert. denied 529 U.S. 1053 (2000); several California cases,
including but not limited to: Tily B., Inc. v. City of Newport Beach, 69 Cal.AppAth 1 (1998); City
of National City v. Wiener, 3 CalAth 832 (1993), cert. denied 510 U.S. 824; People v. Superior
Court (Lucero) 49 Cal.3d 14 (1989); Department of Alcoholic Beverage Control v. Alcoholic
Beverage Appeals Bd. of California ( "Vicary') 99 Cal.App.4th 880 (2002); and City of Vallejo
v. Adult Books, 167 Cal.App.3d 1169 (1985), cert. denied 475 U.S. 1064 (1986); and other
federal cases, including but not limited to: Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th
Cir. 1995); Mitchell v. Commission on Adult Entertainment, 10 F.3d 123 (3rd Cir. 1993);
Lakeland Lounge v. City of Jacksonville, 973 F.2d 1255 (5th Cir. 1992), cert. denied 507 U.S.
-2-
1030 (1993); International Eateries v. Broward County, 941 F.2d 1157 (11th Cir. 1991), cert.
denied 503 U.S. 920 (1992); and Star Satellite, Inc. v. City of Biloxi, 779 F.2d 1074 (5th Cir.
1986). Copies of the decisions are available for public review in the City Clerk's office.
D. The City Council fiuther finds the following, based in part upon its understanding
of the documents, including but not limited to documents describing the experiences of Arcadia,
the declarations of police officers in other jurisdictions setting forth their experiences, and
judicial decisions in the public record:
1. Evidence indicates that some dancers, models, entertainers, performers,
and other persons who publicly perform specified sexual activities or publicly display specified
anatomical areas in adult businesses (collectively referred to as "performers ") have been found to
engage in sexual activities with patrons of adult businesses on the site of the adult business.
2. Evidence has demonstrated that performers employed by adult businesses
have been found to offer and provide private shows to patrons who, for a price, are permitted to
observe and participate with the performers in live sex shows.
3. Evidence indicates that performers at adult businesses have been found to
engage in acts of prostitution with patrons of the establishment.
4. Evidence indicates that fully enclosed booths, individual viewing areas,
and other small rooms whose interiors cannot be seen from public areas of the establishment
regularly have been found to be used as locations for engaging in unlawful sexual activity.
5. As a result of the above, and the increase in incidences of HIV, AIDS,
hepatitis B, and hepatitis C which are sexually transmitted or blood borne diseases, the City has a
substantial interest in adopting regulations that will reduce the possibility for the occurrence of
prostitution and unlawful sex acts at adult businesses in order to protect the health, safety, and
well -being of its citizens. The City finds this is relevant to the experience of Arcadia and the
need to regulate the secondary effects of adult businesses within the community.
6. The public health, safety, welfare, and morals of all persons in the City
must be protected by the establishment of standards to diminish the possibility of infection of
contagious diseases.
E. The City Council is cognizant of the specific danger from the sexually transmitted
disease AIDS, which is currently irreversible and fatal. The City Council takes legislative notice
that according to statistics provided by the Los Angeles County Health Department, in 1998
1,624 cases of AIDS were diagnosed in Los Angeles County and 184 AIDS- related deaths were
reported. According to the most recent statistics available for 1999, 464 cases of AIDS were
diagnosed in Los Angeles County between January 1, 1999 and June 30, 1999, and 42 AIDS -
related deaths were reported for that same period. Further, the City Council takes legislative
notice of the County of Orange Communicable Disease Summary 1998, County of Orange
Health Care Agency, issued January 2000 ( "Communicable Disease Summary'. The
Communicable Disease Summary states that 5,149 cases of AIDS were reported in Orange
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County between 1982 and 1998. In 1998, 305 cases of AIDS were reported in Orange County,
an 8% increase over the 283 reported cases in 1997. As of December 1998, an estimated 2,345
residents of Orange County were living with AIDS, over double the number six years prior. As
of December 2000, an estimated 5,700 Orange County residents were living with HIV or AIDS.
The City also takes legislative notice of the AIDS Surveillance Report dated July 31, 2001 by the
County of San Diego Health and Human Services Agency, Division of AIDS and Community
Epidemiology ( "AIDS Surveillance Report") and the report entitled San Diego County
HIV /AIDS Status dated June 2000, also by the County of San Diego Health and Human Services
Agency ( "AIDS Status Report'). According to the AIDS Surveillance Report, 10,876 AIDS
cases were reported throughout the County since 1981 through July 2001, 150 of which were
reported in 2001 and 420 of which were reported in 2000.
F. The City is also concerned with preventing the spread of other sexually
transmitted diseases such as syphilis, gonorrhea, chlamydia, hepatitis B and hepatitis C. The
Communicable Disease Summary further indicates that between 1994 and 1998, 211 cases of
syphilis were reported, 3,094 cases of gonorrhea were reported, and 17,349 cases of chlamydia
were reported in the County. The City also takes legislative notice of the STD Fact Sheet of
2000 by the County of San Diego Health and Human Services Agency ( "STD Fact Sheet ") and
the Sexually Transmitted Diseases Annual Summary, San Diego County, 1993 -1994, by the
Sexually Transmitted Disease Control Program, dated December 1995 ( "STD Annual
Summary"). According to the STD Fact Sheet and STD Annual Summary, 1109 cases of
syphilis were reported throughout the County between 1990 and 2000, 27 of which were
reported in 2000. With respect to gonorrhea, 27,890 cases of gonorrhea were reported between
1990 and 2000, 1797 of which were reported in 2000. The number of cases of chlamydia
reported within the County dramatically exceeds the number of reported cases of syphilis and
gonorrhea: 74,079 cases were reported between 1990 and 2000, 8637 of which were reported in
2000: It should also be noted that according to the AIDS Status Report, numerous studies have
shown that sexually transmitted diseases such as syphilis, gonorrhea and chlamydia facilitate the
transmission of HIV.
The City Council has a reasonable basis to believe that the experiences of Los Angeles
County, Orange County and San Diego County as to these sexually transmitted or blood borne
diseases are relevant to the experiences of Arcadia.
G. The City Council has also determined that live entertainment facilities with or
without the service of alcohol bring deleterious secondary effects into the community and it is
necessary to protect the health, safety, and general welfare of the citizens of the City of Arcadia.
In addition to the findings in studies conducted in other cities regarding increases in crime rates
and blighting of areas in which such businesses are located, the City Council also takes
legislative notice of the facts recited in the case of Kev, Inc., v. Kitsap County, 793 F.2d 1053
(9th Cir. 1986); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998); and Tily A v. City of
Newport Beach (1999) 69.Cal.App.4th 1, regarding how live adult entertainment facilities result
in secondary effects such as prostitution, drug dealing, and other law enforcement problems. The
City has a reasonable basis to conclude that these secondary effects are in play for live
entertainment facilities which do not serve alcohol which are many times referred to as "nude
juice bars" but in most cases provide totally nude dancers on a raised center stage and offer some
IM
type of off stage activity. It is important to note that the same dancers who perform on stage
totally nude then add a minimal amount of clothing and move immediately off stage in most
cases offering some type of off stage fare typically referred to as lap dances wherein the
entertainer will mount the patron and rub various body parts on the patron's clothed genitals
often times until the patron ejaculates. The City has relied on information from police officers
from its jurisdiction as well as information as to the experiences of sister communities to support
its finding that live entertainment facilities have increased crime, including drug related
activities, all of which place an added burden on the resources of the City's police department.
H. The City also takes legislative note of the number of courts that have upheld
distance limitations between performers and patrons, prohibitions against physical contact
between performers and patrons, and precluded direct exchange of monies between performers
and patrons at adult businesses that provide live entertainment, including, based on the presence
of secondary effects including, but not limited to: Gammoh v. City of La Habra (9 Cir. 2005)
395 F.3d 1114; Tily B. v. City of Newport Beach (1999) 69 Cal.AppAth 1; Colacurcio v. City of
Kent, 163 F.3d 545 (9th Cir. 1998); BSA, Inc. v. King County, 804 F.2d 1104, 1110 -11 (9th Cir.
1986); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); DLS, Inc. v. City of
Chattanooga, 894 F. Supp. 1140 (E.D. Tenn. 1995); Parker v. Whitfield County, 463 S.E.2d 116
(Ga. 1995); and Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995). The City
Council finds that a 6 foot separation is appropriate for reasons which include, but are not limited
to: the fact that 6 feet is approximately the distance of two outstretched arms; and it also assists
in enforcing the prohibitions against physical contact and prevents the transmission of illegal
drugs. The City Council further finds that the city has continuously and correctly interpreted its
existing operational requirements to permit off -stage performances so long as such off -stage
performances are performed no closer than within 6 feet of a patron and that such interpretation
is consistent with the City Councils intent.
I. The City Council recognizes the possible harmful effects on children and minors
exposed to the effects of adult businesses and recognizes the need to enact regulations which will
minimize and/or eliminate such exposure. The City Council takes legislative notice of the Penal
Code provisions authorizing local governments to regulate matter that is harmful to minors (i.e.,
Penal Code § 313 et seq.). The City Council further takes legislative notice of the cases that
recognize that protection of minors from sexually explicit materials is a compelling government
interest, including Crawford v. Lungren, 96 F.3d 380 (9th Cir. 1996), cert. denied 520 U.S. 1117
(1997) and Berry v. City of Santa Barbara, 40 Cal.AppAth 1075 (1995).
J. While the City Council desires to protect the rights conferred by the United States
Constitution to adult businesses, it desires to do so in a manner that ensures the continued and
orderly use and development of property within the City and diminishes, to the greatest extent
feasible, those undesirable adverse secondary effects which the above mentioned studies have
shown to be associated with the operation of adult businesses.
K. Locational and operational limits on adult facilities are a legitimate and
reasonable means of reducing adult businesses' secondary effects and helping to assure that such
businesses comply with reasonable regulations to minimize and control problems associated with
such businesses and thereby protect the health, safety, and welfare of Arcadia residents, protect
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citizens from increased crime, preserve the quality of life, preserve property values and the
character of surrounding neighborhoods and businesses, and deter the spread of urban blight.
The requirements contained in this Ordinance do not unreasonably restrict the establishment or
operation of constitutionally protected adult businesses in the City of Arcadia.
L. The City Council, in adopting operational standards, recognizes that these
standards do not preclude reasonable alternative avenues of communication. For example, the
closing hours requirement means that adult businesses are free to operate seven (7) days a week
for sixteen (16) hours per day. The City Council takes note of the proliferation of adult material
on the Internet, satellite television, direct television, CDs, DVDs, and that these various media
provide alternative avenues of communication. The City Council also considers and relies on
published decisions examining the proliferation of communications on the Internet. (Reno v.
American Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997) [the
principle channel through which many Americans now transmit and receive sexually explicit
communication is the Internet]; Anheuser -Busch v. Schmoke, 101 F.3d 325, 329 (4th Cir. 1996),
cert. denied 520 U.S. 1204 (1997) [the Fourth Circuit rejected a First Amendment challenge to a
Baltimore ordinance restricting alcohol advertisements on billboards acknowledging that the
Internet is one available channel of communication]; U.S. v. Hockings, 129 F.3d 1069 (9th Cir.
1997); see also U.S. v. Thomas, 74 F.3d 701 (6th Cir. 1996), cert. denied 519 U.S. 820
[recognizing the hiternet as a medium for transmission of sexually explicit material in the
context of obscenity prosecutions].) The emergence of the Internet brings with it a virtually
unlimited additional source of adult oriented sexual materials available to interested persons in
every community with a mere keystroke. An adult business no longer has to be physically
located in a City to be available in the community.
M. Zoning, licensing or regulatory permits, along with operating standards are a
legitimate and reasonable means of ensuring that adult businesses are located in places and
conducted in a manner so as to minimize their adverse secondary effects and to help assure that
such operators, businesses, licensees and permittees comply with reasonable regulations related
to such requirements to minimize and control problems associated with such businesses and
thereby protect the health, safety, and welfare of Arcadia residents, protect citizens from
increased crime, preserve the quality of life, preserve property values and the character of
surrounding neighborhoods and businesses, and deter the spread of urban blight.
N. The requirements contained in this Ordinance do not unreasonably restrict the
establishment or operation of constitutionally protected adult businesses in Arcadia, and a
sufficient and reasonable number of alternative locations for adult businesses are provided by the
City of Arcadia. The City Council takes legislative notice of the United States Supreme Court
decision in Renton that requires the City provide adult businesses a reasonable opportunity to
open and operate. The City Council also takes legislative notice of the Ninth Circuit's decision
in Topanga Press, Lim v. City of Long Beach; Isbell v. City of San Diego; and World Wide Video
v. City of Spokane with respect to availability of sites for adult businesses and finds that there are
sufficient sites available for adult businesses within the City.
O. It is not the intent of the City Council of the City of Arcadia in enacting this
Ordinance or any provision here of to condone or legitimize the distribution of obscene material,
E2
and the City and its Council recognize that State law prohibits the distribution of obscene
materials and expect and encourage law enforcement officials to enforce State obscenity statutes
against such illegal activities in Arcadia.
P. The City Council does not intend to regulate in any area preempted by California
law, including but not limited to, regulation of obscene speech, nor is it the intent of the City
Council to preempt regulations of the State Department of Alcoholic Beverage Control ( "ABC').
Q. Nothing in this Ordinance is intended to authorize, legalize, or permit the
establishment, operation, or maintenance of any business, building, or use which violates any
City ordinance or any statute of the State of California regarding public nuisances, unlawful or
indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or
public display thereof.
SECTION 1. Chapter 2, Article XI of the Arcadia Municipal Code is hereby amended by
deleting Sections 9279.1 and 9279.4 through 9279.14 of Chapter 2, Article XI and relocating
them to Chapter 8, Article VI of the Arcadia Municipal Code, with renumbered sections.
SECTION 2. A new Section 9279.1 is hereby added to Chapter 2, Article XI of the
Arcadia Municipal Code to read in its entirety as follows:
"9279.1. DEFINITIONS
The definitions contained in the Arcadia Municipal Code, specifically those found in
Chapter 8, Article VI shall govern for purposes of this chapter."
SECTION 3. Section 9279.3 of Chapter 2, Article XI of the Arcadia Municipal Code is
hereby amended to read in its entirety as follows:
"9279.3. PERMIT REQUIREMENTS
A. All adult businesses that meet the zoning and location requirements set forth in
this Division are also subject to the adult business regulatory permit requirements of this Section,
and the requirements of Chapter 8, Article VI, as well as all other applicable ordinances of the
City and laws of the State of Califomia.
B. Applications must be complete and accompanied by the following:
1. Two (2) sets of preliminary site plans drawn to scale and clearly dimensioned
which include but are not limited by the following:
a) Scale and north arrow.
b) Street addresses of lot or lots to be included as part of the adult
entertainment business.
c) Size of lots accurately dimensioned.
d) Location and size of all existing and proposed structures.
e) Location and size of all existing and proposed parking stalls.
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f) Location of all landscaped area.
g) Location of trash area(s).
h) Location of proposed exterior lighting system as required by Section 6805
of Chapter 8, Article VI.
2. Two (2) sets of preliminary floor plans drawn to scale including square
footage and clearly dimensioned showing the interior configuration of the
premises and showing compliance with the performance standards set forth in
the Ordinance codified in this Division.
3. A radius map(s) illustrating:
a) The distance from any other adult business measured between the nearest
exterior wall of the facility or tenant space housing such use or proposed
use along the shortest route intended and available for public traverse
between said uses; and
b) The distance from any existing residentially zoned property, park,
recreation area, religious establishment, library, school or day care facility.
The distances set forth above shall be measured between the nearest
exterior wall of the facility or tenant space housing the adult business or
the proposed adult business and the nearest property line included within
the residential zone, park, recreation area, religious establishment, library,
school or day care facility, along a straight line extended between two (2)
points."
4. The Director may waive receipt of some of the above information if the
Director determines that such information is not necessary. The Director may
require additional information if the Director deems such information
necessarily to adequately evaluate the application.
SECTION 4. Section 9279.15 of Chapter 2, Article IX of the Arcadia Municipal Code is
hereby renumbered as Section 9279.4.
SECTION 5. Section 9279.16 of Chapter 2, Article IX of the Arcadia Municipal Code is
hereby renumbered as Section 9279.5.
SECTION 6. Chapter 8, entitled "Adult Business License," is hereby added to Article VI
of the Municipal Code with sections numbered 6800 et seq.
SECTION 7. Section 6800 is hereby added to Chapter 8, Article VI of the Arcadia
Municipal Code to read in its entirety as follows:
The intent of this chapter is to regulate uses which, because of their very nature, are
believed to have any of the recognized significant secondary effects on the community which
include, but are not limited to: depreciated property values and increased vacancies in residential
and commercial areas in the vicinity of Adult Oriented Businesses; interference with residential,
commercial and industrial property owners' enjoyment of their property when such property is
located in the vicinity of Adult Oriented Businesses due to increased crime, debris, noise and
vandalism; higher crime rates in the vicinity of Adult Oriented Businesses; and blighting
conditions such as low -level maintenance of commercial premises and parking lots which
thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is
necessary to ensure that these adverse effects will not contribute to the blighting or downgrading
of the neighborhoods in the vicinity of the Adult Oriented Businesses. In approving the
regulations contained in this article, the city council has reviewed detailed studies, reports and
letters prepared by other jurisdictions and its own staff with respect to the detrimental social,
health and economic effects on persons and properties surrounding Adult Oriented Businesses.
These studies include Upland, California (1992); Garden Grove, California (1991); Tucson,
Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma
(1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982);
Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo,
Texas (1977); Cleveland, Ohio (1977); Los Angeles, California (1977); State of Minnesota,
Attorney General Report (1989); Newport news, Virginia (1996); St. Paul, Minnesota (1987);
Corpus Christi, Texas (1995); National Law Center (1995); and Azusa (2003) (collectively
"Studies "). The Studies substantiate the adverse, secondary effects of adult businesses. It is
neither the intent nor effect of this chapter to impose limitations or restrictions on the content of
any communicative material. Similarly, it is neither the intent nor effect of this chapter to restrict
or deny access by adults to sexually oriented materials protected by the First Amendment, or to
deny access by the distributors or exhibitors of sexually oriented materials to their intended
market.
Nothing in this chapter is intended to authorize, legalize or permit the establishment,
operation or maintenance of any business, building or use which violates any City ordinance or
any statute of the State of California regarding public nuisances, unlawful exposure, sexual
conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof."
SECTION 8. Section 6801 (formerly Section 9279.1) of Chapter 8, Article VI of the
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"6801. DEFINITIONS.
In addition to any other definitions contained in the Municipal Code, the following words
and phrases shall, for the purpose of this Division and Article VI, Chapter 7, be defined as
follows, unless it is clearly apparent from the context that another meaning is intended. Should
any of the definitions be in conflict with any current provisions of the Municipal Code, these
definitions shall prevail.
A. "Adult arcade" shall mean a business establishment to which the public is permitted or
invited and where coin, card or slug operated or electronically, electrically or mechanically
controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality
devices or other image- producing devices are maintained to show images on a regular or
substantial basis, where the images so displayed are distinguished or characterized by an
emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical
areas." Such devices shall be referred to as "adult arcade devices."
0
B. "Adult booth/individual viewing area" shall mean a partitioned or partially enclosed
portion of an adult business used for any of the following purposes:
1. Where a live or taped performance is presented or viewed, where the
performances and/or images displayed or presented are distinguished or
characterized by their emphasis on matter depicting, describing, or relating to
"specified sexual activities" or "specified anatomical areas "; or
2. Where "adult arcade" devices are located.
C. "Adult business" shall mean:
A business establishment or concern that as a regular and substantial course of
conduct operates as an adult retail store, adult motion picture theater, adult
arcade, adult cabaret, adult motel or hotel, adult modeling studio (as these
phrases are defined in this section); or
2. A business establishment or concern which as a regular and substantial course
of conduct offers, sells or distributes "adult oriented material' or "sexually
oriented merchandise," or which offers to its patrons materials, products,
merchandise, services or entertainment characterized by an emphasis on
matters depicting, describing, or relating to "specified sexual activities" or
"specified anatomical areas" but not including those uses or activities (as these
phrases are defined in this section) which are preempted by State law.
D. "Adult cabaret" shall mean a business establishment (whether or not serving alcoholic
beverages) that features "adult live entertainment."
E. "Adult hotelimotel " shall mean a "hotel' or "motel' (as defined in the Municipal
Code) that is used for presenting on a regular and substantial basis images through closed circuit
television, cable television, still or motion picture machines, projectors, videos, holograms,
virtual reality devices or other image - producing devices that are distinguished or characterized
by the emphasis on matter depicting or describing or relating to "specified sexual activities" or
"specified anatomical areas" (as these phrases are defined in this section).
F. "Adult live entertainment" shall mean any physical human body activity, whether
performed or engaged in, alone or with other persons, including but not limited to singing,
walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1)
the performer (including but not limited to a topless and/or bottomless dancers, go -go dancers,
exotic dancers, strippers, or similar performers) exposes to public view, without opaque
covering, "specified anatomical areas"; and/or (2) the performance or physical human body
activity depicts, describes, or relates to "specified sexual activities" whether or not the specified
anatomical areas are covered.
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G. "Adult modeling studio" shall mean a business establishment which provides for any
form of consideration, the services of a live human model, who, for the purposes of sexual
stimulation of patrons, displays "specified anatomical areas" to be observed, sketched,
photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such
consideration. "Adult modeling studio" does not include schools maintained pursuant to
standards set by the Board of Education of the State of California.
H. "Adult motion picture theater" shall mean a business establishment, with or without a
stage or proscenium, where, on a regular and substantial basis and for any form of consideration,
material is presented through films, motion pictures, video cassettes, slides, laser disks, digital
video disks, holograms, virtual reality devices, or similar electronically- generated reproductions
that is characterized by the depiction or description of "specified sexual activities" or "specified
anatomical areas."
I. "Adult oriented material" shall mean accessories, paraphernalia, books, magazines,
laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion
pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or
devices including computer software, or any combination thereof that is distinguished or
characterized by its emphasis on matter depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas." "Adult oriented material" shall include "sexually
oriented merchandise."
J. "Adult retail store" shall mean a business establishment having as a regular and
substantial portion of its stock in trade, "adult oriented material" and/or "sexually oriented
merchandise."
K. "Day care facility' or "day care center" means any child day care facility as defined in
Section 1596.750 of the California Health and Safety Code other than family day care homes.
L. "Establishment of an adult business" shall mean any of the following:
1. The opening or commencement of any "adult business" (as defined earlier) as
a new business;
2. The conversion of an existing business, whether or not an "adult business," to
any "adult business ";
3. The addition of any "adult business" to any other existing "adult business ";
4. The relocation of any "adult business "; or
5. Physical changes that expand the square footage of an existing "adult
business" by more than ten percent (10 %).
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M. "Owner /permit holder" shall mean any of the following: (1) the sole proprietor of an
adult business; (2) any general partner of a partnership that owns and operates an adult business;
(3) a corporation; (4) the owner of a controlling interest in a corporation or limited liability
company that owns and operates an adult business; or (5) the person designated by the officers
of a corporation or the members of a Limited Liability Company to be the permit holder for an
adult business owned and operated by the corporation.
N. "Park" shall mean any park, playground, swimming pool, golf course or athletic field
within the City which is under the City's control, operation and management, and the Arcadia
County Park.
O. "Performer" shall mean any person who is an employee or independent contractor of
an adult business, and who, with or without any compensation or other form of consideration,
performs adult live entertainment for patrons of an adult business. Performer does not include a
patron.
P. "Religious institution" shall mean structure or facility that is used primarily for
religious worship and related religious activities such as a church, temple or synagogue.
Q. "Residential zone" shall mean any property within the City which carries a zoning
designation of: R -M Residential Mountainous Zone Single Family Zone; R -O Residential First
One- Family; R -1 Residential Second One - Family; R -2 Medium Density Multiple - Family
Residential Zone; and R -3 Multiple Family Residential Zone.
R. "School" shall mean any institution of learning for minors, whether public or private,
offering instruction in those courses of study required by the California Education Code and/or is
maintained pursuant to standards set by the Board of Education of the State of California and has
an approved use permit, if required under the applicable jurisdiction. This definition includes a
nursery school, kindergarten, elementary school, middle or junior high school, senior high
school, or any special institution of education under the jurisdiction of the California Department
of Education, but it does not include a vocational or professional institution of higher education,
including a community or junior college, college, or university. It does not include private
instructional and/or tutoring facilities.
S. "Sexually oriented merchandise" shall mean sexually oriented implements,
paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented
vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and
battery operated vaginas, and similar sexually oriented devices which are designed or marketed
primarily for the stimulation of human genital organs or sado - masochistic activity or
distinguished or characterized by their emphasis on matter depicting, describing or relating to
"specified sexual activities" or "specified anatomical areas."
sp_a
T. "Specified anatomical areas" shall mean and include any of the following:
Less than completely and opaquely covered, and/or simulated to be
reasonably anatomically correct, even if completely and opaquely covered
human:
a) genitals, pubic region;
b) buttocks, anus; or
c) female breasts below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely or
opaquely covered.
U. "Specified sexual activities" shall mean and include any of the following, irrespective
of whether performed directly or indirectly through clothing or other covering:
1.. Human genitals in a state of sexual stimulation or arousal; and/or
2. Acts of human masturbation, sexual stimulation or arousal; and/or
3. Simulated sexual intercourse; and/or
4. Use of human or animal ejaculation, sodomy, oral copulation, coitus or
masturbation; and/or
5. Masochism, erotic or sexually oriented torture, beating, or the infliction of
pain, or bondage and/or restraints; and/or
6. Human excretion, urination, menstruation, vaginal or anal irrigation; and/or
7. Fondling or other erotic touching of human genitals, pubic region, buttock, or
female breast. (Former Section 9279.1 repealed and new Section 9279.1
added by Ord. 2178 adopted 5- 6 -03)"
SECTION 9. Section 6802 is hereby added to Chapter 8, Article VI of the Arcadia
Municipal Code to read in its entirety as follows:
.:1 ; ul : 4=2-2107
In addition to the requirements of Section 9279, et seq., of this Code, no adult business
shall be permitted to operate, engage in, conduct or carry on business within the City unless the
owner of the business first obtains both an Adult Business Regulatory permit and a business
license from the City."
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SECTION 10. Section 6803 (formerly apart of Section 9279.3) of Chapter 8, Article VI
of the Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"6803. PERMIT REQUIREMENTS.
A. It shall be unlawful for any person to establish, operate, engage in, conduct, or
carry on any adult business within the City of Arcadia unless the person first obtains, and
continues to maintain in full force and effect, an adult business regulatory permit as herein
required. Any occurrence of the "establishment of an adult business" as defined in Arcadia
Municipal Code Section 6801(L) shall require a new application for an adult business use permit.
The adult business use permit shall be subject to the development and operational standards
contained in Sections 6805.
B. Permit applicants shall file a written, signed, and verified application on a form
provided by the Director of Development Services or designee (hereinafter referred to as
"Director "). Any changes in information on an application shall be submitted on a supplemental
application within ten (10) working days of each such change. Such application shall contain the
following information and shall also include applicant's acknowledgment that he /she has read
and understands all requirements set forth in Section 6805.
1. If the permit applicant is an individual, the individual shall state his or her legal name,
including any aliases, telephone number, home address (including previous addresses), tax
identification number, social security number, information regarding past adult business
ownership, and shall submit satisfactory written proof that he or she is at least eighteen (18)
years of age.
2. If the permit applicant is a partnership, the partners shall state the partnership's
complete name, address, and telephone number, and the names (including aliases), telephone
number, home address (including previous addresses), tax identification number, social security
number, and information on past adult business ownership of all partners. The applicant and all
the partners shall also submit satisfactory written proof that he or she is at least eighteen (18)
years of age and whether the partnership is general or limited; and shall attach a copy of the
partnership agreement, if any.
3. If the permit applicant is a corporation, the corporation shall provide its complete
name, the date of its incorporation, evidence that the corporation is in good standing under the
laws of the State of California, the names and capacities of all officers and directors, the name of
the registered corporate agent, and the address of the registered office for service of process.
4. If the permit applicant is an individual, he or she shall sign the application. If the
permit applicant is other than an individual, each individual or entity with a ten percent (10 %) or
greater interest in the business entity shall sign the application. Any individual who signs the
application must also provide his or her name, including any aliases, home address (including
previous addresses), telephone number, date of birth, social security number, information
regarding past adult business ownership, and shall submit satisfactory written proof that he or
she is at least eighteen (18) years of age.
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5. If the permit applicant intends to operate the adult business under a name other than
that of the permit applicant, the permit applicant shall file the fictitious name of the adult
business and show proof of registration of the fictitious name.
6. A description of the type of adult business for which the permit is requested and the
proposed address where the adult business will operate, plus the names and addresses of the
owners and lessors of the adult business site. If premises are leased, a complete copy of the
current lease must be attached. The property owner must sign the application.
7. The address to which notice of action on the application is to be mailed.
8. The full names, aliases, if any, addresses, telephone numbers and date of birth of all
employees, independent contractors, and other persons who will perform at the adult business,
who are required by Section 6700 et seq. to obtain an adult business performer license. This
information shall be updated by the licensee of the adult business establishment within five (5)
days of retention of any new or additional employees, independent contractors, and other persons
who will perform at the adult business, who are required by Section 6700 et seq. to obtain an
adult business performer license. All persons who have been issued an adult business regulatory
permit shall promptly supplement the information provided as part of the application for the
permit with the names of all employees, independent contractors, or other persons, who are
required to obtain an adult business performer license, within ten (10) working days of any
change in the information originally submitted. The information obtained by the City pursuant to
this subsection B(8) shall be kept confidential.
9. Permit applications shall include a signed and verified statement that:
A. The permit applicant, if an individual, or each shareholder, partner, officer and
director, or other party possessing a ten percent (10 %) or greater interest, if a partnership or
corporation, has not pled guilty or nolo contendere or been convicted of an offense classified by
this or any other state as a sex or sex - related offense; or
B. if there has been a conviction or a plea, then:
(1) More than two (2) years have elapsed between the date of conviction or plea, or the
date of release from confinement for a conviction or plea, whichever is the later date, and the
date of application if the conviction or plea is a misdemeanor; or
(2) More than five (5) years have elapsed between the date of conviction or plea, or the
date of release from confinement for a conviction or plea, whichever is the later date, and the
date of application if the conviction or plea is a felony, or
(3) More than five (5) years have elapsed between the date of the last conviction or plea,
or the date of release from confinement for the last conviction or plea, whichever is the later
date, and the date of application if the convictions or pleas are two (2) or more misdemeanors or
a combination of misdemeanor offenses occurring within any twenty-four (24) month period.
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C. The completed application shall be accompanied by a non - refundable application fee.
Said fee shall be set forth by Resolution of the City Council.
D. The completeness of an application for an adult business regulatory permit shall be
determined by the Director within five (5) working days of its submittal. If the Director
determines that the permit application is incomplete, the Director shall immediately notify in
writing the permit applicant of such fact and the reasons therefor, including any additional
information necessary to render the application complete. Such writing shall be deposited in the
U.S. mail, postage prepaid, immediately upon determination that the application is incomplete.
Within five (5) working days following the receipt of an amended application or supplemental
information, the Director shall again determine whether the application is complete in
accordance with the provisions set forth above. Evaluation and notification shall occur as
provided herein until such time as the application is found to be complete.
E. The fact that a permit applicant possesses other types of State or City permits or
licenses does not exempt the permit applicant from the requirement of obtaining an adult
business regulatory permit."
SECTION 11. Section 6804 (formerly Section 9279.4) of Chapter 8, Article VI of the
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"6804. INVESTIGATION & ACTION ON APPLICATION FOR ADULT BUSINESS
REGULATORY PERMIT
A. The completeness of an application for an adult business regulatory permit shall be
determined by the Director of Development Services or his designee (hereinafter 'Director ")
within five (5) working days of its submittal. If the Director determines that the permit
application is incomplete, the Director shall immediately notify in writing the permit applicant of
such fact and the reasons therefor, including any additional information necessary to render the
application complete. Such writing shall be deposited in the U.S. mail, postage prepaid,
immediately upon determination that the application is incomplete. Within five (5) working days
following the receipt of an amended application or supplemental information, the Director shall
again determine whether the application is complete in accordance with the provisions set forth
above. Evaluation and notification shall occur as provided herein until such time as the
application is found to be complete.
B. Upon receipt of a completed application and payment of the application and permit
fees, the Director shall immediately write or stamp the application "Received" and, in
conjunction with City staff and the Chief of Police, shall promptly investigate the information
contained in the application to determine whether an adult business regulatory permit shall be
granted.
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C. Within ten (10) working days of receipt of the completed application, the Director
shall issue or deny the license, unless extended for five (5) additional working days upon a
showing of good cause. Only one such extension shall be permitted unless requested by the
applicant.
D. In reaching a decision, the Director shall not be bound by the formal rules of evidence
in the California Evidence Code.
E. The failure of the Director to render any decision within the time frames established in
any part of this Section shall be deemed to constitute an approval, subject to appeal to the
Business License Review Board, pursuant to Section 6807. The Director's decision shall be hand
delivered or mailed to the applicant at the address provided in the application, and shall be
provided in accordance with the requirements of this Code.
F. Notwithstanding any provisions in this Section regarding the occurrence of any action
within a specified period of time, the applicant may request additional time beyond that provided
for in this Section or may request a continuance regarding any decision or consideration by the
City of the pending application. Extensions of time sought by applicants shall not be considered
delay on the part of the City or constitute failure by the City to provide for prompt decisions on
applications.
G. The Director shall grant or deny the application in accordance with the provisions of
this Section, and so notify the applicant as follows:
1. The Director shall write or stamp "Granted" or "Denied" on the application and date
and sign such notation.
2. If the application is denied, the Director shall attach to the application a statement of
the reasons for the denial.
3. If the application is granted, the Director shall stamp "Approved" on the application.
H. The Director shall grant the application and issue the adult business regulatory permit
unless the application is denied based upon one (1) or more of the criteria set forth in subsection
J below.
I. If the Director grants the application, the applicant may begin operating the adult
business for which the permit was sought, subject to strict compliance with the development and
operational standards and requirements of this Division. The permit holder shall post the permit
conspicuously in the premises of the adult business.
J. The Director shall deny the application for any of the following reasons:
1. The adult business does not comply with the zoning and location standards found in
Section 9279.2.
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2. The adult business does not comply with the development, operational or performance
standards found in this Division.
3. The permit applicant, his or her employee, agent, partner, director, officer, shareholder
with a ten percent (10 %) or greater interest, or manager has made any false, misleading, or
fraudulent statement of material fact in the application for an adult business regulatory permit or
in any report, record, or document required to be filed with the application, the Police
Department, Sheriff, other law enforcement agency, or other department of the City.
4. The permit applicant is under eighteen (18) years of age.
5. The required application fees have not been paid.
6. The permit applicant, if an individual, or any shareholder, partner, officer, director or
other party possessing a ten percent (10 1 /o) or greater interest, if a partnership or corporation, has:
(a) Pled guilty or nolo contendere or been convicted of an offense classified by this or
any other state as a sex or sex - related offense; and
(b) (1) Less than two (2) years have elapsed between the date of conviction or plea, or the
date of release from confinement for a conviction or plea, whichever is the later date, and the
date of application if the conviction or plea is a misdemeanor; or
(2) Less than five (5) years have elapsed between the date of conviction or plea, or the
date of release from confinement for a conviction or plea, whichever is the later date, and the
date of application if the conviction or plea is a felony; or
(3) Less than five (5) years have elapsed between the date of the last conviction or plea,
or the date of release from confinement for the last conviction or plea, whichever is the later
date, and the date of application if the convictions or pleas are two (2) or more misdemeanors or
a combination of misdemeanor offenses occurring within any twenty-four (24) month period.
7. Within the past eighteen (18) months the applicant, including, but not limited to, an
owner, partner or shareholder with a 10% or greater financial interest has been found to have
violated any provision of this division, has had an adult oriented business permit or similar
entitlement permitting the establishment of an adult or sexually oriented business revoked,
regardless of whether such revocation occurred within the City or in some other jurisdiction.
K. An applicant cannot re -apply for an adult business regulatory permit for a location for
which the applicant previously submitted an application within one (1) year from the date of
prior denial, if the denial is based on Subsection (J)(6). Denial for any other reason shall be
without prejudice to re- application at any time.
L. Any affected person may appeal the decision of the Director in writing in accordance
with the provisions of Section 6807."
M
SECTION 12. Section 6805 (formerly Section 9279.5) of Chapter 8, Article VI of the
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"6805. DEVELOPMENT AND OPERATING STANDARDS.
A. Hours of Operation. It shall be unlawful for any permitee, owner, operator, manager or
employee of an adult business to allow such adult business taremain open for business, or to
permit any employee or performer to engage in a performance, solicit a performance, make a
sale, solicit a sale, provide a service, or solicit a service, between the hours of 2:00 a.m. and
10:00 a.m. of any day excepting herefrom an "adult hotel/motel."
B. Exterior Lighting Requirements. All exterior areas, including parking lots, of the adult
business shall be illuminated at a minimum of 1.50 foot - candle, maintained and evenly
distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in
such manner as to prevent glare or reflected light from creating adverse impacts on adjoining and
nearby public and private properties. Inoperable and/or broken lights shall be replaced within
twenty-four (24) hours.
C. Interior Lighting Requirements. All interior areas of the adult business excepting
therefrom adult hotels and motels shall be illuminated at a minimum of 1.00 foot - candle,
maintained and evenly distributed at floor level. Inoperable and/or broken lights shall be replaced
within twenty-four (24) hours.
D. Minors' Access.
1. To the extent that it is in conformity with the Penal Code, movies, videotapes, digital
video disks (DVDs), compact disks (CDs) and laser disks rated "X" or "NC -17" by the Motion
Picture Association of America ( "MPAA ") or which have not been submitted to the MPAA for a
rating and which are distinguished or characterized by an emphasis on depicting or describing
specified sexual activities or specified anatomical areas shall be restricted to persons at least
eighteen (18) years of age. If an establishment that is not otherwise prohibited from providing
access to persons under eighteen (18) years of age sells, rents, or displays movies, videos, DVDs,
or laser disks that have been rated "X" or rated "NC -17" by the MPAA, or which have not been
submitted to the MPAA for a rating, and which consist of images which are distinguished or
characterized by an emphasis on depicting or describing specified sexual activities or specified
anatomical areas, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific
section of the establishment where persons under the age of eighteen (18) shall be prohibited.
2. For material relative to adult businesses not covered by Subsection (D)(1), of this
Section, access shall be restricted to persons over eighteen (18) years of age.
3. It shall be unlawful for any employee, owner, operator, responsible managing
employee, manager or permittee of an adult business to allow any person under the age of
eighteen (18) years upon the premises or within the confines of any adult business, either as a
patron or employee, if no liquor is served, or under the age of twenty-one (21) if liquor is served.
SLR
E. Regulation of Adult Booth/Individual Viewing Area.
1. No adult booth/individual viewing area shall be occupied by more than one (1)
individual at a time.
2. Each adult booth/individual viewing area within the adult business shall be visible
from a continuous and accessible main aisle in a public portion of the establishment, and shall
not be obscured by any door, curtain, wall, two -way mirror or other device which would prohibit
a person from seeing the entire interior of the adult booth/individual viewing area from the main
aisle. A manager shall be stationed in the main aisle at all times. Further, no one shall maintain
any adult booth/individual viewing area in any configuration unless the entire interior wherein
the picture or entertainment is viewed is visible from one main aisle. The entire body of any
patron in any_ adult booth/individual viewing area must be visible from the main aisle without the
assistance of mirrors or other device.
3. No doors are permitted on an adult booth/individual viewing area. No partially or fully
enclosed adult booth/individual viewing areas or partially or fully concealed adult
booth/individual viewing areas shall be permitted.
4. No holes or other openings (commonly known as "glory holes ") shall be permitted
between adult booths /individual viewing areas. Any such hole or opening shall be repaired
within twenty-four (24) hours using "pop" rivets to secure metal plates over the hole or opening
to prevent patrons from removing the metal plates.
5. No beds shall be permitted in an adult booth/individual viewing area.
F. Interior of Premises. No exterior door or window on the premises of an adult business
shall be propped or kept open at anytime while the business is open and any exterior windows
shall be covered with opaque coverings at all times.
G. On -Site Manager -- Security Measures. All adult businesses shall have a responsible
person who shall be at least twenty-one (21) years of age and shall be on the premises to act as
manager at all times during which the business is open. The individual designated as the on -site
manager shall be registered with the Director to receive all complaints and be given by the owner
and/or operator the responsibility and duty to address and immediately resolve all violations
taking place on the premises.
All adult businesses shall provide a security system that visually records and monitors all
parking lot areas during all business hours. At least one (1) security guard shall be on duty
outside the premises, patrolling the grounds and parking lot at all times. The security guard shall
be charged with preventing violations of law and enforcing the provisions of this chapter. All
security guards shall be uniformed so as to be readily identifiable as a security guard by the
public. No person acting as a security guard shall act as a door person, ticket taker or seller, or
any similar function, while acting as a security guard. For all adult oriented businesses providing
live entertainment, an additional security guard shall be provided with each increase in maximum
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occupancy of 200 persons. Security guards shall be licensed under the California Private Security
Services Act, Business & Professions Code Section 7580 et seq.
H. Sign Requirements. All adult businesses shall comply with the following sign
requirements, in addition to those otherwise set forth in the Arcadia Municipal Code. Should a
conflict exist between the other requirements of the Arcadia Municipal Code and this subsection,
the more restrictive shall prevail.
1. If an adult business does not serve alcohol, it shall post a notice inside the
establishment, within ten (10) feet of every entrance used by customers for access to the
establishment, stating that persons below the age of eighteen (18) years of age are prohibited
from entering onto the premises or within the confines of the adult business. This notice shall be
posted on a wall in a place of prominence. The dimensions of the notice shall be no less than six
(6) inches by six (6) inches, with a minimum typeface of twenty -five (25) points on contrasting
background. If the adult business serves alcohol, it shall comply with all notice and posting
requirements of the Alcoholic Beverage Control Department.
2. No material relative to adult businesses on the premises shall be displayed in window
areas or any area where they can be viewed from the sidewalk in front of the building.
I. Adult Live Entertainment -- Additional Operating Requirements. The following
additional requirements shall pertain to adult businesses providing live entertainment. No person,
association, partnership, or corporation shall engage in, conduct or carry on, or permit the
operation of an adult business to engage in, conduct or carry on unless all of the following
requirements are met:
1. No employee, owner, operator, responsible managing employee, manager or pernnttee
of such use shall allow any person below the age of eighteen (18) years upon the premises or
within the confines if no liquor is served, or under the age of twenty-one (2 1) if liquor is served.
2. Except as provided below, no performer then performing adult live entertainment
characterized by the exposure of specified anatomical areas or specified sexual activities shall
perform such adult live entertainment at an adult business except upon a permanently fixed stage
at least eighteen (18) inches above the level of the floor surrounded by a railing at least thirty
(30) inches high which railing is set back from the outside edges of the stage by six (6) feet. The
performer then performing live entertainment characterized by the exposure of specified
anatomical areas or specified sexual activities shall only perform such live entertainment six (6)
feet or more from a patron while the performer is so performing.
3. A performer shall only be permitted to perform off -stage adult live entertainment
characterized by the exposure of specified anatomical areas or specified sexual activities when
such performer is at least six (6) feet from a patron while the performer is so performing. This
provision shall not apply to an individual viewing area where the performer is completely
separated from the patron by a floor to ceiling permanent solid barrier enclosed on all sides such
that access by the patron is not possible.
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4. No performer then performing adult live entertainment characterized by the exposure
of specified anatomical areas or specified sexual activities shall have physical contact with any
patron, and no patron shall have physical contact with any performer, while the performer is
performing on the premises. In addition, while on the premises, no performer shall have physical
contact with a patron and no patron shall have physical contact with a performer, which physical
contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft or
the buttocks, perineum, anal region, or female breast with any part or area of any other person's
body either before or after any adult live entertainment by such performer. This prohibition does
not extend to incidental touching. Patrons shall be advised of the separation and no touching
requirements by signs conspicuously placed on the barrier between patrons and performers. If
necessary, patrons shall also be advised of the separation and no touching requirements by
employees or independent contractors of the adult business.
5. All employees, except therefrom performers while performing, shall, at a minimum
while on or about the premises or tenant space, wear an opaque covering which covers their
specified anatomical areas.
6. No performer then performing adult live entertainment characterized by the exposure
of specified anatomical areas or specified sexual activities shall accept directly from a patron,
and no patron shall directly hand to such performer any tip or gratuity, throw tips to performers,
or place tips in the performers' costumes. Patrons shall be advised of these tipping and gratuity
requirements by signs conspicuously placed on the premises. If necessary, patrons shall also be
advised of the tipping and gratuity requirements by employees or independent contractors of the
adult business.
7. The adult business shall provide dressing rooms for performers that are separated by
gender and exclusively dedicated to the performers' use, and which the performers shall use.
Same gender performers may share a dressing room. Patrons shall not be permitted in dressing
rooms.
8. The adult business shall provide an entrance /exit for performers which is separate from
the entrance /exit used by patrons, which the performers shall use at all times.
9. The adult business shall provide access for performers between the stage and the
dressing rooms which is completely separated from the patrons. If such separate access is not
physically feasible, the adult business shall provide a minimum three (3) foot wide walk aisle for
performers between the dressing room area and the stage, with a railing, fence or other barrier
separating the patrons and the performers capable of (and which actually results in) preventing
any physical contact between patrons and performers. Nothing in this Section is intended to
exempt the adult business from compliance with the provisions of Title 24 of the California Code
of Regulations pertaining to handicapped accessibility.
10. Fixed rail(s) at least thirty (3 0) inches in height shall be maintained establishing the
separations between performers and patrons required by this Subsection.
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J. Adult Motion Picture Theater. An adult motion picture theater shall observe the
following special requirements:
1. If the theater contains a hall or auditorium area, the area shall comply with each of the
following provisions:
a. Have individual, separate seats, not couches, benches, or the like, to accommodate the
maximum number of persons who may occupy the area;
b. Have a continuous main aisle alongside of the seating areas in order that each person
seated in the areas shall be visible from the aisle at all times; and
c. Have a sign posted in a conspicuous place at or near each entrance to the hall or
auditorium area which lists the maximum number of persons who may occupy the hall or
auditorium area, which number shall not exceed the number of seats within the hall or
auditorium area.
2. If an adult motion picture theater is designed to permit outdoor viewing by persons
seated in automobiles, it shall have the motion picture screen so situated, or the perimeter of the
establishment so fenced, that the material to be seen by those persons may not be seen from any
public right -of -way, day care facility, park, school, or religious institution, as those terms are
defined in this Division.
K. Regulation of Public Restroom Facilities. If the adult business is required to provide
restrooms for patron use, it shall provide separate restroom facilities for male and female patrons.
The restrooms shall be free from adult oriented material. Only one (1) person shall be allowed in
each restroom at any time, unless otherwise required by law, in which case the adult business
shall employ a restroom attendant of the same sex as the restroom users who shall be present in
the public portion of the restroom during operating hours. The attendant shall ensure that no
person of the opposite sex is permitted into the restroom, and that not more than one (1) person is
permitted to enter a restroom stall, unless otherwise required by law, and that the restroom
facilities are used only for their intended sanitary purposes. Access to restrooms for patron use
shall not require passage through an area used as a dressing area by performers.
L. Trash. All interior trash cans shall be emptied into a single locked trash bin lined with
a plastic bag at least once a day. (Amended by Ord. 2178 adopted 5- 6 -03)"
SECTION 13. Section 6806 (formerly Section 9279.6) of Chapter 8, Article VI of the
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"6806. TRANSFER OF ADULT BUSINESSES OR ADULT BUSINESS
REGULATORY PERMITS.
A. A permit holder shall not operate an adult business under the authority of an adult
business regulatory permit at any place other than the address of the adult business stated in the
application for the permit.
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B. In the event of a transfer of ownership of the adult business or the adult business
regulatory permit, the new owner shall be fully informed by the transferor of the requirements of
this Division, including the operational and development standards of Section 6805 and the
provisions relating to adult business performer licenses including disqualification from certain
criminal convictions pursuant to Sections 6804(J)(6) and 6703(C)(3).
C. In the event of a transfer of the adult business or the adult business regulatory permit,
the transferee must provide the City with the following information at least thirty (30) days prior
to the transfer.
D. No permit shall be transferred to a transferee with criminal convictions as set forth in
Section 6804(J)(6). Such transfers are deemed to be null and void.
E. If the permit holder is a corporation and the corporation retains ownership of the
business, the sale of the corporate stock shall not be considered a transfer of an adult business
regulatory permit under this section. The new shareholders shall provide all information required
under Section 6803 (13)(4) within ten (10) working days of sale of stock."
SECTION 14. Section 6807 (formerly Section 9279.7) of Chapter 8, Article VI of the
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"6807. DENIAL, SUSPENSION OR REVOCATION OF ADULT BUSINESS
REGULATORY PERMITS /APPEAL PROCEDURE.
A. On determining that the grounds for permit denial, suspension, or revocation exist, the
Director shall furnish written notice of the proposed denial, suspension, or revocation to the
permit applicant or permit holder. Such notice shall set forth the time and place of a public
hearing before the Business License Review Board (hereinafter referred to as the "Board ") and
the ground or grounds upon which the hearing is based, the pertinent Arcadia Municipal Code
Sections, and a brief statement of the factual matters in support thereof. The notice shall be
mailed, postage prepaid, addressed to the address of the permit applicant or permit holder
provided to the City, or shall be delivered to the permit applicant or permit holder personally or
at the business, at least ten (10) working days prior to the hearing date. The hearing shall be
consistent with the following requirements:
1. All parties involved shall have the right to offer testimonial, documentary, and tangible
evidence bearing upon the issues and may be represented by counsel.
2. The Board shall not be bound by the formal rules of evidence.
3. Any hearing under this Section may be continued for a reasonable time for the
convenience of a party or witness at the request of the permit applicant or permit holder.
Extensions of time or continuances sought by a permit applicant or permit holder shall not be
considered delay on the part of the City or constitute failure by the City to provide for prompt
decisions on permit denials, suspensions, or revocations.
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4. The Board may conduct the hearing itself or may delegate the hearing to a retired
judge who shall hear the case and make a proposed decision to the Board within five (5) working
days of the conclusion of the hearing. Upon receipt of the designee's proposed decision, the
Board shall convene within four (4) working days to render its decision. If the Board finds and
determines that there are grounds for denial, suspension or revocation, the Board shall impose
one of the following:
a. Denial of the permit or conditional granting of the permit;
b. Suspension of the permit for a specified period not to exceed six (6) months; or
c. Revocation of the permit.
The Board shall render a written decision that shall be hand delivered or overnight mailed
to the permit holder within five (5) working days of the Board convening to render its decision.
B. A permit maybe suspended or revoked based on the following causes arising from the
acts or omissions of the permit holder, or an employee, agent, partner, director, stockholder with
a ten percent (10 %) or greater interest, or manager of the permittee (unless an entertainer is an
employee, any entertainer shall be deemed to be an agent of the permittee for purposes of this
chapter):
1. The use or building, structure, equipment, or location used by the adult business fails
to comply with applicable building, fire, electrical, plumbing, health, and those zoning
requirements of the Arcadia Municipal Code or this Division relating to adult businesses,
including the adult business development and operating standards contained in Section 6805.
2. The permit holder has failed to obtain or maintain all required City, County, and State
licenses and permits.
3. The permit holder has made any false, misleading, or fraudulent statement of material
fact in the application for an adult business regulatory permit.
4. The permit is being used to conduct an activity different from that for which it was
issued.
5. The permit holder has failed to submit and/or update the information pertaining to
performers in accordance with Section 6803(B)(8).
6. An adult business has been operated without a responsible adult on the premises,
officially acting in the capacity of manager, at all times during which the business is open or
operating.
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7. That a permittee, including, but not limited to, an owner, partner, or shareholder with a
ten percent (10 %) or greater financial interest, or employee of an adult business, has pled guilty
or nolo contendere or been convicted of an offense classified by this or any other state as a sex -
related offense and (a) less than two (2) years have elapsed since the date of conviction or the
date of release from confinement of conviction to the date of application, whichever is the later
date, if the conviction is a misdemeanor, or (b) less than five (5) years have elapsed since the
date of conviction or the date of release from confinement of conviction to the date of
application, whichever is the later date, if the conviction is a felony; or (c) less than five (5) years
have elapsed since the date of the last conviction or the date of release from confinement for the
conviction to the date of application, whichever is the later date, if the convictions are two (2) or
more misdemeanors or combination of misdemeanor offenses occurring within any twenty-four
(24) month period.
8. That an individual employed by the adult business has been convicted of two (2) or
more sex - related offenses that occurred in or on the licensed premises within a twelve (12)
month period and was an employee of the adult business at the time the offenses were
committed.
9. That the use for which the approval was granted has ceased to exist or has been
suspended for more than six (6) months.
10. That the transferee /new owner of an adult business or adult business regulatory
permit fails to comply with the requirements of Section 6806.
11. The permit holder, employee, agent, partner, director, stockholder with at least a ten
percent (10 %) interest in the business, or manager has knowingly allowed of permitted, and has
failed to make a reasonable effort to prevent the occurrence of any of the following on the
premises of the adult business; or a permittee has been convicted of violating any of the
following State laws on the premises of the adult business:
a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.
b. Use of the establishment as a place where unlawful solicitations for sexual intercourse,
sodomy, oral copulation, or masturbation openly occur.
c. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct
constituting violations of Sections 315, 316, 318 of the California Penal Code.
d. Any act constituting a felony involving the sale, use, possession, or possession for sale
of any controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the
California Health and Safety Code.
e. Any conduct constituting a criminal offense which requires registration under Section
290 of the California Penal Code.
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f An act or omission in violation of any of the requirements of this Division if such act or
omission is with the knowledge, authorization, or approval of the permit holder or is as a result
of the permit holder's negligent supervision of the employees of the adult facility. This includes
the allowance of activities that are or become a public nuisance which includes the disruptive
conduct of business patrons whether on or immediately off the premises where such patrons
disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law
and otherwise impair the free enjoyment of life and property.
C. In the event a permit is revoked (or suspended) pursuant to this Section, another adult
business regulatory permit to operate an adult business shall not be granted to the permittee, or
any other owner, manager, director, board member or immediate family member of any of the
above within eighteen (18) months after the date of such revocation (or if suspended, during the
period of suspension).
D. Nothwithstanding any other provision of this Code, the decision of the Business
License Review Board on any suspension or revocation shall be deemed final."
SECTION 15. Section 6808 (formerly Section 9279.8) of Chapter 8, Article VI of the
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"6808. JUDICIAL REVIEW.
A. The time for a court challenge to a decision of the Board under Section 6807 is
governed by California Code of Civil Procedure § 1094.8.
B. Notice of the Board's decision and its findings under Section 6807 shall include
citation to California Code of Civil Procedure & 1094.8.
C. Any permit applicant or permit holder whose permit has been denied, suspended, or
revoked pursuant to Sections 6804 and/or 6807 shall be afforded prompt judicial review of that
decision as provided by California Code of Civil Procedure § 1094.8.
D. A suspension or revocation of an adult oriented business license shall be effective
upon the latter to occur of the following: (1) the expiration of the time period within which the
permittee can commence judicial review of the revocation pursuant to Code of Civil Procedure
Section 1094.8 if no such action for review is filed; or (2) if judicial review is commenced, upon
issuance of judgment in the trial court."
SECTION 16. Section 9279.9 of Chapter 2, Article IX of the Arcadia Municipal Code is
hereby renumbered as Section 6809 in Chapter 8, Article VI of the Arcadia Municipal Code.
SECTION 17. Section 6810 (formerly Section 9279.10) of Chapter 8, Article VI of the
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
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"6810. EMPLOYMENT OF AND SERVICES RENDERED TO PERSONS UNDER
THE AGE OF EIGHTEEN (18) YEARS PROHIBITED; TWENTY -ONE (21) IF ALCOHOLIC
BEVERAGES ARE SERVED.
A. Employees. Employees of an adult business must be at least eighteen (18) years of
age. It shall be unlawful for any owner, operator, manager, partner, director, officer, employee,
or other person in charge of any adult business to employ, contract with, or otherwise retain any
services in connection with the adult business with or from any person who is not at least
eighteen (18) years of age. If alcoholic beverages are served at the adult business, employees of
the adult business must be at least twenty-one (21) years of age. If alcoholic beverages are served
at the adult business, it shall be unlawful for any owner, operator, manager, partner, director,
officer, employee, or other person in charge of any adult business to employ, contract with, or
otherwise retain any services in connection with the adult business with or from any person who
is not twenty-one (21) years of age; and said persons shall exercise reasonable care in
ascertaining the true age of persons seeking to contract with, be employed by, or otherwise
service the adult business.
The provisions of this subsection do not apply to service employees (e.g., janitors, repair
and maintenance workers, or similar service workers) whose work is not conducted during the
normal hours of operation as set forth in Section 6805.
B. Patrons. Patrons of an adult business must be at least eighteen (18) years of age. It
shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other
person in charge of any adult business to permit to enter or remain within the adult business any
person who is not at least eighteen (18) years of age. If alcoholic beverages are served at the
adult business, patrons must be at least twenty-one (21) years of age. If alcoholic beverages are
served at the adult business, it shall be unlawful for any owner, operator, manager, partner,
director, officer, employee, or other person in charge of any adult business to permit to enter or
remain within the adult business any person who is not at least twenty-one (21) years of age; and
said persons shall exercise reasonable care in ascertaining the true age of persons entering the
adult business.
C. X -rated Movies. The selling, renting and/or displaying of movies, videotapes, digital
video disks (DVDs), compact disks (CDs) and laser disks rated "X" or "NC -17" by the Motion
Picture Association of America ( "MPAA ") shall be restricted to persons at least eighteen (18)
years of age or older. If an establishment that is not otherwise prohibited from providing access
to persons under eighteen (18) years of age sells, rents, or displays movies, videos, DVDs, CDs,
or laser disks that have been rated "X" or rated "NC -17" by the MPAA, or which have not been
submitted to the MPAA for a rating, and which consist of images that are distinguished or
characterized by an emphasis on depicting or describing specified sexual activities or specified
anatomical areas, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific
section of the establishment from which persons under the age of eighteen (18) shall be
prohibited."
SECTION 18. Section 9279.11 of Chapter 2, Article IX of the Arcadia Municipal Code is
hereby renumbered as Section 6811 of Chapter 8, Article VI of the Arcadia Municipal Code.
on
SECTION 19. Section 9279.12 of Chapter 2, Article IX of the Arcadia Municipal Code is
hereby renumbered as Section 6812 of Chapter 8, Article VI of the Arcadia Municipal Code.
SECTION 20. Section 9279.13 of Chapter 2, Article IX of the Arcadia Municipal Code is
hereby renumbered as Section 6813 of Chapter 8, Article VI of the Arcadia Municipal Code.
SECTION 21. Section 9279.14 of Chapter 2, Article IX of the Arcadia Municipal Code is
hereby renumbered as Section 6814 of Chapter 8, Article VI of the Arcadia Municipal Code.
SECTION 22. Section 6815 is hereby added to Chapter 8, Article VI of the Arcadia
Municipal Code to read in its entirety as follows:
"6815. PUBLIC NUISANCE.
In addition to the penalties set forth in Section 6814 above, any adult business which is
operating in violation of these provisions regulating adult businesses is declared to constitute a
public nuisance and, as such, may be abated or enjoined from further operation."
SECTION 23. Section 6816 is hereby added to Chapter 2, Article IX of the Arcadia
Municipal Code to read in its entirety as follows:
If any section, subsection, paragraph, sentence, clause, or phrase of this Division and the
Ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional,
invalid, or ineffective by any court of competent jurisdiction, the remaining sections,
subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The City
Council hereby declares that it would have adopted this Division and the Ordinance to which it is
a part regardless of the fact that one or more sections, subsections, paragraphs, sentences,
clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective."
SECTION 24. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be published in the official newspaper of said City within fifteen (15) days
after its adoption. This Ordinance shall take effect on the thirty-first (31 day after its adoption.
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Passed, approved and adopted this _ day of 2005.
Mayor of the City of Arcadia
City Clerk
APPROVED AS TO FORM:
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City Attorney
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