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HomeMy WebLinkAbout1755 . .. EFFECTIVE q - rJ / - g;t ORDINANCE NO. l755 AN URGENCY ORDINANCE OF THE CITY OF ARCADIA EXTENDING THE MORATORIUM TO PROHIBIT THE ISSUANCE OF BUILDING PERMITS FOR APPLICATIONS THAT PROPOSE WINDOWS FACING ABUTTING R-l PROPERTY IN STRUCTURES ON PROPERTY ZONED COMMERCIAL DURING THE INTERIM PENDING THE STUDY OF ZONING PROPOSALS AND REGULA- TIONS TO DECREASE THE IMPACT OF DEVELOPMENT OF COMMERCIALLY ZONED PROPERTY ON ABUTTING PROPERTY ZONED R-l, AND DECLARING THIS ORDINANCE TO BE IMME- DIATELY EFFECTIVE, TERMINATING MAY 21, 1983 The City Council of the City of Arcadia does hereby find, determine and ordain as follows: SECTION 1. This ordinance is an ordinance necessary as an emergency measure for the immediate preservation of the public peace, health and safety of the people of the City of Arcadia and shall take effect immediately upon its adoption in accordance with Arcadia City Charter Section 415. This ordinance and said emergency are based upon the following facts which we hereby find to be true and correct: A. That at its May 18, 1982 regular meeting the City Council instructed the Arcadia Planning Department to prepare a study of zoning proposals and regulations to decrease the impact of develop- ment of commercially zoned property on abutting property zoned R-l; and B. That at its May 22, 1982 regular adjourned meeting, the City Council after reading in full adopted Ordinance No. 1747 entitled "An Urgency Ordinance of the City of Arcadia Imposing a Moratorium to Prohibit the Issuance of Building Permits for Applica- tions that Propose Windows Facing Abutting R-l Property in Structures on Property Zoned Commercial During the Interim Pending the Study of Zoning Proposals and Regulations to Decrease the Impact of Development of Commercially Zoned Property on Abutting Property Zoned R-l, and Declaring this Ordinance to be Immediately Effective, Terminating September 22, 1982"; and C. That a public hearing is scheduled for September 28, 1982 on a proposed text amendment before the Arcadia Planning Commission carrying out the directive to the Planning Department set forth in Section 1.A of this ordinance; and -1- 1755 .n D. After a duly noticed public hearing held on September 7, 1982 by the Arcadia City Council at which time all interested persons were given full opportunity to be heard, the City Council moved to direct the City Attorney to prepare this ordinance ex- tending the moratorium set forth in Ordinance No. l747; and E. The City Council hereby finds that windows facing abutting R-l property in structures on property ~oned commercial would visually intrude on the privacy of persons on R~l properties and there exists an immediate need-for protection of this privacy; and F. That the text amendment specified in Section 1.C of this ordinance may take several months to become effective. We therefore find it would be destructive of the proposed text amendment if during the period public hearings are being held thereon, and the time necessary for it to become effective, parties seeking to evade the operation thereof in the form it may be adopted should be per- mitted to enter a course of action which would commit the City of Arcadia to allow defeat in whole or in part the ultimate objectives of said text amendment. In order to avoid the frustration of any such comprehensive planning protecting the public safety, health, morals and welfare, the City Council therefore finds it is necessary to adopt:'the regulations set forth in this ordinance; and G. That during the interim the prohibition of the issuance of building permits for applications which propose windows facing abutting R-l zoned property in structures on property zoned commercial will substantially reduce the possibility that a given course of action will defeat in whole or in part the ultimate objectives of afore-described text amendment. -2- l755 .' SECTION 2. That no person, firm or corporation shall erect, construct, enlarge, move or improve any window that faces abutting R-l zoned property in any structure on commercially zoned property and the Chief Building Official shall not issue any building permit for the erection, construction, enlargement, movement or improve- ment of such a window or structure the plans for which propose such a window, unless a modification permit is' first applied for and issued pursuant to Division 2, Part 9, Chapter 2, Article IX of the Arcadia Municipal Code. Before such a modification permit may be issued, in addition to findings required by aforesaid Division 2, the administrative body must find that the location, configuration and composition of afore-described window will not allow visual intrusion into the privacy of persons on abutting R-l zoned property. SECTION 3. This ordinance shall terminate and be of no force or effect commencing May 21, 1983. -3- l755 '. . SECTION 4. No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jailor County Jail for a period.not exceeding six months. or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any pro- vision of the ordinance is committed, c~ntinued, or permitted by such person and shall be punishable accordingly. SECTION 5. In addition to the penalties provided in the preceding section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City. summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 6. If any section, subsection, sentence. clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause. phrase or portion thereof. irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 7. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 8. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia wichin fifteen (15) days after its adoption. -4- l755 PASSED AND ADOPTED by the City Council of the City of Arcadia as an urgency ordinance at its regular meeting held on the 2lst day of September, 1982. SIGNED AND APPROVED THIS 21st day of September, 1982. ATTEST: ~~-a City Clerk oft~~ty of I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 21st day of September" 1982, by the affirmative vote of at lease four Councilmen, to wit: AYES: Councilmen Dring, Haltom, Hannah, Lojeski & Pellegrino NOES: ABSENT: None None .~ ( ~,~:~-' ~ 4: ~ the City of Arcadia ;;; ci,~y,:~l~rl::~of : I, \ '~~l~.~~;~~: ,.~ b :.~~..-:;;:-:' "'-, -~.,- I-~ ".~'" - ~ "....0, ' _' . , " .~... ___~ C" , ' " - - -- -/ -5- l755 v "o/r ORDINANCE NO. l755 AN URGENCY ORDINANCE OF THE CITY OF ARCADIA EXTENDING THE MORATORIUM TO PROHIBIT THE ISSUANCE OF BUILDING PERMITS FOR APPLICATIONS THAT PROPOSE WINDOWS FACING ABUTTING R-l PROPERTY IN STRUCTURES ON PROPERTY ZONED COMMERCIAL DURING THE INTERIM PENDING THE STUDY OF ZONING PROPOSALS AND REGULA- TIONS TO DECREASE THE IMPACT OF DEVELOPMENT OF COMMERCIALLY ZONED PROPERTY ON ABUTTING PROPERTY ZONED R-l, AND DECLARING THIS ORDINANCE TO BE IMME- DIATELY EFFECTIVE, TERMINATING MAY 21, 1983_ The City Council of the City of Arcadia does hereby find, determine and ordain as follows: SECTION 1. This ordinance is an ordinance necessary as an emergency measure for the immediate preservation of the public peace, health and safety of the people of the City of Arcadia and shall take effect immediately upon its adoption in accordance with Arcadia City Charter Section 415. This ordinance and said emergency are based upon the following facts which we hereby find to be true and correct: A. That at its May 18, 1982 regular meeting the City Council instructed the Arcadia Planning Department to prepare a study of . zoning proposals and regulations to decrease the impact of develop- ment of commercially zoned property on abutting property zoned R-l; and B. That at its May 22, 1982 regular adjourned meeting, the City Council after reading in full adopted Ordinance No. 1747 entitled "An Urgency Ordinance of the City of Arcadia Imposing a Moratorium to Prohibit the Issuance of Building Permits for Applica- tions that Propose Windows Facing Abutting R-l Property in Structures on Property Zoned Commercial During the Interim Pending the Study of Zoning Proposals and Regulations to Decrease the Impact of Development of Commercially Zoned Property on Abutting Property Zoned R-l, and Declaring this Ordinance to be Immediately Effective, Terminating September 22, 1982"; and C. That a public hearing is scheduled for September 28, 1982 on a proposed text amendment before the Arcadia Planning Commission carrying out the directive to the Planning Department set forth in Section 1.A of this ordinance; and -l- 1755 D. After a duly noticed public hearing held on September 7, 1982 by the Arcadia City Council at which time all interested persons were given full opportunity to be heard, the City Council moved to direct the City Attorney to prepare this ordinance ex- tending the moratorium set forth in Ordinance No. l747; and E. The City Council hereby finds that windows facing abutting R-l property in structures on property zoned commercial would visually intrude on the privacy of persons on R~l properties and there exists an immediate need for protection 'of this privacy; and F. That the text amendment specified in Section l.C of this ordinance may take several months to become effective. We therefore find it would be destructive of the proposed text amendment if during the period public hearings are being held thereon, and the time necessary for it to become effective, parties seeking to evade the operation thereof in the form it may be adopted should be per- mitted to enter a course of action which would commit the City of Arcadia to allow defeat in whole or in part the ultimate objectives of said text amendment. In order to avoid the frustration of any such comprehensive planning protecting the public safety, health, morals and welfare, the City Council therefore finds it is necessary to adopt~the regulations set forth in this ordinance; and G. That during the interim the prohibition of the issuance of building permits for applications which propose windows facing abutting R-l zoned property in structures on property zoned commercial will substantially reduce the possibility that a given course of action will defeat in whole or in part the ultimate objectives of afore-described text amendment. -2- l755 SECTION 2. That no person, firm or corporation shall erect, construct, enlarge, move or improve any window that faces abutting R-l zoned property in any structure on commercially zoned property and the Chief Building Official shall not issue any building permit for the erection, construction, enlargement, movement or improve- ment of such a window or structure the plans for which propose such a window, unless a modification permit is first applied ~or and issued pursuant to Division 2, Part 9,. Chapter 2, Article IX of the Arcadia Municipal Code. Before such a modification permit may be issued, in addition to findings required by aforesaid Division 2, the administrative body must find that the location, configuration and composition of afore-described window will not allow visual intrusion into the privacy of persons on abutting R-l zoned property. SECTION 3. This ordinance shall terminate and be of no force or effect commencing May 21, 1983. -3- 1755 SECTION 4. No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jailor County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any pro- vision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 5. In addition to the penalties provided in the preceding section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 6~ If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact t~at anyone or more sections, subsections) sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 7. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 8. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. -4- l755 PASSED ,\\D ADOPTED by the City Council of the City of Arcadia as a rer;,IJar ot'clinance at its rer.;ular meeting held on the 5th day of October, 1982. I SIGNED :\~D ADOPTED this 5th day of October, 1982. of Arcadia ATTEST: ~~~ City Clerk I HEREBY CERTIFY that the,'f.oregoing ordinance was adopted at a regul:tr rreeting of the City Coun~il of.: the City of Arcadia, California, held on the 5th clay of October,. 1982" by the affirmative vote of at least three Councilmen, to,~it: ,\YES: <- Councilmen Dring, Halt9m, Lojeski & Pellegrino --' .-..... NOES: None ABSENT: Councilman Hannah ~~h~/ !\rcaclia -5- 1755