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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
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.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.
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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.
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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.
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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
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the City of Arcadia
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l755
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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
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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.
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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.
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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.
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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
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1755