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Home My WebLink About1747 AN URGENCY ORDINANCE OF THE CITY OF ARCADIA IMPOSING A MORATORIUM TO PROHIBIT THE ISSUANCE OF BUILDING PERMITS FOR APPLICATIONS THAT PRO- POSE 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. \ 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: 1. That at its May 18, 1982 regular meeting the City Council instructed: A. The Arcadia Planning Department to prepare a study of zoning proposals and regulations to de- crease the impact of development of commercially zoned property on abutting property zoned R-l; and B. The City Attorney to prepare this urgency ordinance for City Council consideration at its May 22, 1982 adjourned regular meeting; and C. The Chief Building Official, through the Planning Director, not to issue building permits for building permit applications filed prior to May 22, 1982 which propose windows facinq abuttinq R-l zoned property in structures on property zoned commercial unless a modification is applied for and I issued pursuant to and in accordance with Section 2 of this Ordinance. The City Council hereby ordains and ratifies this directive given to the Chief Building Official through the Planning Director. -1- 1747 2. The City Counicl 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. 3. The study being conducted by the Planninq Department may culminate in a recommendation that the one or more elements of the Arcadia General Plan be amended, that specific plans be adopted, and that appropriate amendments to the Zoning Ordinances, Subdivision Code and other portions of Arcadia Municipal Code be adopted. A comprehensive plan and the steps necessary for its implementation cannot be quickly completed. It may take several months to formu- late the details of the comprehensive plan. We therefore find it would be destructive of the Droposed i . plans, rezoning proposals, and code amendments if during the period they are being studied and public hearings are being held thereon, parties seeking to evade the operation of these plans, rezoning proposals, and code amendments in the form they may be adopted should be permitted to enter a course of action which would commit the City of Arcadia to allow defeat in whole or in part the ulti- mate objectives of these plans and code amendments. 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. -2- 1747 :>. TnaL aur.lng "Cue .lIll:.er.Ull LLle I?LUll.l.D~L.lOIl Ul. c.ne l.b::iUdIlCe 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 ulti- mate objectives of afore-described plans and code amendments. 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 improvement 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 intru- sion 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 September 22, 1982. -3- 1747 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 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 iicense 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- 1747 PASSED ru~D ADOPTED by as an urgency ordinance at of May, 1982. SIGNED l\ND APPROVED THIS May 22, 1982. the C~tv CQllncil of the City of Arcadia 'adJourned it1 regular meeting held on the 22nd ATTEST: ~ City Clerk of the Clty of I HEREBY CERTIFY that the foregoing ordinance was adopted at _ adj ourned anI/regular meeting of the City Council of the City of Arcadia, California, held on the 22nd of May, 1982 , by the affirmative vote of at lease four Councilmen, to wit: AYES: NOES: IIBSENT: Councilmen Dring, Haltom, Hannah, Lojeski & Pellegrino None None -5- 1747 PASSED ",.;u ADOPTED by the City Council of the City of Arcadia as a regular ordinance at its regular meeting held on the 1st day of June, 1982. , SIGNED AND ADOPTED this 1st day of June, 1982., Arcadia ATTEST: ~~ .Il~ City Clerk 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 theIst. day of June, 1982 ' by the affirmative vote of at least three Councilmen, to wit: AYES: Cou~cilmen Dring, Haltom, Hannah, Lojeski & Pellegrino NOES: None ABSENT: None ~~~,.. 'icy Clerk of the City of Arcadia -6- 1747