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Home My WebLink About1782 .' .' '" L / \ ! ~ ORDINANCE NO. 1782 AN ORDINANCE OF THE CITY OF ARCADIA TO PRECLUDE SECOND UNITS, WITH FINDINGS PURSUANT TO CALIFORNIA GOVERN~~NT CODE SECTION 65852.2(c) WHEREAS, Senate Bill No. 1534 amended Section 65852,1 and added Section 65852.2 to the California Government Code to provide cities, including charter cities, with the following op~lons with respect to the creation or second units on lots within R-l, R-O, R-M and multi-family residential zones: a) Provide, by ordinance, for such second units with certain limitations, bl Preclude, by ordinance, such second units subject to the making or certain findings, c) Process a~plications for such second unltS as condi- tional use permits with certain restrictions ~rovided neither a) nor bl had been complied with; WHEREAS, pursuant to State law, the City has conducted public hearings concerning the alternatives ?rovided by State law, ane \lliEREAS, based on the evidence ?resented, including staff reports, starf information, the entire record before th~ Planning Commission, and with official notice of the character- istics of the City of Arcadia, its General Plan, Zoning Ordinance, and related evidence which is~part of the record in this proceed- ing, the City Council does hJ;eby make the fo11o'.-lin0 findings pursuant to Gove~nmen~ code/section 658S2.2{c). I N01;'l, THE?EfORE I the City Council of cte Cit,: or Arcadia ( does ordain as follo~s: SECTIO;'; 1. Findings 1. Arcadia is a Cic\" charac~erized as al:~Gst ft!lly developed with a ~~ima~y em?t18sis on residential ~ro?e~ty. ~lain- te~ance of reside!ltial ?roperty and the actendal1c !)elle~its ~s all outstanc~ing cnaracte!:"istic of t!le Ci ~'.. 0: .:..rc3c:.l.a. , , ~ 2. The City's General Plan empllasizes high priorit~. for the retention of residential neighborhoods and their current characteristics. A primary goal or the Gene~al Plan is ~o p~e- serve and enhance high quality res~cential areas thro~shou~ t~e City, emphasizing the City's dominant si~gle-family character an~ quality, It is a primary objective of the City as expressed ~n its land use element to maintain and imDr~ve the residential areas of the City in a manner that will insure the health, saEct~. atld general welfare of all the reside~cs as ~ell as insurinc a level of quality that permits Arcadia to continue as "the Cit~' of fine homes.~' 3. The City of Arcadia has through the im2lement~Lion of a design overlay ordinance and related resolutions dete~mined that the health, safety and welfare of the co~ml:nit~. is closel~. related to maintenance of residential propert~. in i~s CUr~C[lt status; that maintenance of suc~ conditions will beneEit che area and the City of Arcadia by assuri~g a harsonious, comy~t~ble a:1G economically viable commuGity. 4. The City desires to promotc ~n'.'ir8n2ental aesthetics, and cetermines that the inclusio:l of 3dcit~onal structures, and concomitant preclusion of o?en soace could ~1ave a negative aesthetic effect. 5. The Cit~ of Arcadia 8~ovides for a whole range of housing op~ortunities such as high rise, meci~~ censl~~' residen- tial and large lot residential. 6~ There is no neec to disr~?~ ~~e :es~Gen~~21 charac- ter or the ~-l zoned neighborhood in c~e Cit~. of Arcodi3 t~ provide for seco~d ulnits in R-l neighbor~oocls sin~e ~here are available lots itl appropriately zoned areas ror suc~ unlts. 7. The California Su?:eme eoure :13S rec~snl=ed thac preservation of residentiol atmOS?~1e:e is 3 v21~~ objective of zonlflg. l~~) _,0_ l ,- ; '- 8. The Arcadia Municipal Code prohibits second units in R-I zones because such units (as defined by Senate Bill ~o. 1534) ',wuld constitute a dl'ielling unit '.'iithin the seaning of t'1e Arcadia Code and two dwelling units are not allowed on lots in R-l zones, 9. The City of Arcadia wishes to reaffir~ its policy of retaining R-I neighborhoods for R-l neighborhoods for R-I use. 10. Allowing second units in R-O zones ~ould cO~0~omise the power of cities to exe=cise control of local zoning such as the . '. rlgnl- to: a. To regulate aDC ~estrict t~e location aoc use of buildings, structures and land. b. To regulate and limit the density of ;JOpulation. c. To conserve and stabilize the value of pro;Jerty. d. To prevent undue concentration of ?opulation. 11. Allo\.iance or second uni ts I:.roulct proi:1ote concentrc:.- tioD of population in areas whose infrastructuce is not designed to accoorr,odate such concentrationSi and generate traffic in excess of that nor~ally associated with single-famil!~ residential neigh- borhoods. Such traffic increases the exposure to potential accidents and exacerbates noise and air pollution levels. 12. The City of Arcadia acJ:nowledges that ~reclu~ing second units may li~it housins OP?o~tunities ~n t~e region. However, the City finds that affirming the polic~' of rreclcding second units in R-l zones will no~ li~i~ " . , nCusl~S o?pOr~U~lL~es i:--: the region because there are 290 lor.s of land :::onec. R-:2 (T:;;o- family Residence) and R-3 (Li:niLed ~ultiple Resi{ence) in the Cit~. of Arcadia or 28~ of the R-2 a~d $-3 ?rogert~' lS c~r~ell~ly developed ~;ith single-f2mily ~CSlcences. The~cEo~e chere are mall',' second-unit o9Portunities remaining ~n t~1e Cit\" 6nd it is no~ necessar~' to intrude i.nto R-l zo~ed areas to ?~ovide seccn~ u:lits. 13. The City's residenti~l cl1Qroccer and (IUalic~' ~s ?r~~ised ll1 part on the utili=acion of 7,500 sq~a~c Eeec a~ ~ mj~i@llnl lot size fo~ one ~~ell.~ng un~=. .' - - - l i 0':: {' , 1'- \ l~ The general welfare of the City, including property values is founded in part on the appearance and maintenance of residenLial property, and considerations of use and enjoyment pertinent to the current R zoning and related requirements or setback, side yard, density, etc. 15. It is desirable to perpetuate the Ci~y of Arcadia along lines of ~easonable regulations which tend to promote the health, safety and general welfare of the community, and to aid thrcugh zon1ng (land use) the successful solution of pro~lems confro~ting the City that are the primary res?onsibility or local governmen~ suc~ as police, fire, and health ?rotection, Dli~ht, traffic control and related issues. 16. Allowance of second units as set forth in St2te law (Governmen~ Code Section 65352.1 and 65852.2) in mul:i-family residenLial zones would prolong underutilizQtion of subjecc ~roperty and inhibit consolication of lots for multi-family development. SSCTIO~~ 2. Based on the above, secc~d un:ts ~s see Eorth - In Government Cote Sections 65852.2 are totally ~~eclu~e~ In single-family and multi-famil~' zoned areas in C11E Ci~y of ArC3dia. SECTION 3. If any section, subsection, se~te~ce, clause, ~hrase 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 decisio~ shal~ not affect the validit~' of the remai~ing ?ortions of this orClnancc. The City Council of the Ci~\' of Arc2~ia herebv declares that it ~ould have adopted chis ordina~ce a~d each sec,tion, subsec~~cn, sentence, clause, phr2se c= ~C~t~Cll thereof irrespec~ive of the fact t}~at an~' one or more sec- tio~s, subseccions, sentences, clauses, phrases ~or~~o~s be declared invalid . . , O~ unconst~tut~Oilal. SECTIO~ ~. Tl12 Clerk of the COllncil shall certif\" to the ?assage anc adcptio~ of =his ordi~2nce arld sl1all CQ~se tile same to be 9ublis]1e~ in the ofiici~l l'ews:)~:)e~ 0: ~ne Cit~" oi ~rcadia withil~ fif=ee~ (LSl ~2VS aiter t=S 2GOpClOll. -~- .-O? lJv_ / ! "- 1- , ,~ PASSi::D Ai,D .'illOPTED BY TH::: CITY COUNCIL of the Cit\' of Arcadia at its regular meeting held on the 6th dav of December, 1983. t\layor or t~e < Arcadia '7TCS"wd-rilA 5M.d~ c~ecl' O' 'C" '" ,'1'-0- """. l~' e_.... .L l... ,-J.L."\ "u..:..c.. I HEREBY CERTIFY that the foregoing ordinance was ado?ted at a regular meeting of the C~ty Council of the City of Arcadia, California. held on the 6th day of Dec.19SJ, by the affirmative vote of at least th~ee Councilmen, to wit: AYE3: NO:::S: ABSENT: Councilman Councilman Councilman Pellegrino Lojeski C1 c.~. C 1 ;:::or:.- , r ,/~ '/, /; ~'--. '\./'- I ~-~ ! ' -..:- . .-....:'~. . ~ .......:::'-. 1""';--- ~~ -- --. - - _ ../-J ~~,~~:~~ '~-'_ _-____~'".7'-// 17S~