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HomeMy WebLinkAbout1670 ORDINANCE NO. 1670 AN URGENCY ZONING ORDINANCE OF THE CITY OF ARCADIA IMPOSING A MORATORIUM ON THE CON- STRUCTION OF CO-OPERATIVE MULTIPLE DWELLINGS AND THE CONVERSION OF EXISTING MULTIPLE DWELL- INGS INTO CO-OPERATIVES AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE THE CITY COUNCIL OF THE CITY OF ARCADIA HEREBY FINDS, DETERMINES AND ORDAINS 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. Said emergency is based upon the following facts which we hereby find to be true and correct: 1. That this City Council has instructed the Arcadia Planning Department to conduct a city-wide study of the adequacy of existing land use regulations to control the land use impacts and impact on the availability of multiple dwelling ~ental units from the construc- tion of, or the conversion of, existing multiple dwellings into co- operative multiple dwellings. 2. The study being conducted by the Planning 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 Arcadia Municipal Code be adopted. We, therefore, hereby find that until such General Plan amendment specific plans and subsequent code amendments can be studied, discussed, hearings held thereon and adopted, actions might be taken, uses might be undertaken, and permits might be issued which may allow actions, uses or permits to be issued in conflict with the subsequently adopted amendments to the Arcadia General, Specific Plans or Code Amendments. 3. In order to avoid the frustration of any such comprehensive planning protecting the public safety, health, morals and welfare, the City Council finds it is necessary to adopt the regulations set forth in this ordinance. -1- 1670 its application cannot be quickly drafted, and it may take several months to formulate the details of the comprehensive plan. It would be destructive of the proposed plans 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 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 ultimate objectives of these plans and code amendments. 5. The City Council finds and determines that co-operative multiple dwellings differ from multiple dwellings in numerous respects and, for the benefit of the public health, safety, morals and welfare, they should be treated differently from multiple dwellings. The City Coun'cil therefor states its express intent to treat co-operative multiple dwellings differently from multiple dwellings in this ordin- ance for the protection of the community and for the protection of purchasers of co-operative multiple dwelling rights or interests. Section 2. This ordinance shall be applicable to, and for pur- poses of this ordinance "co-operative multiple dwelling" shall mean, any multiple dwelling existing or proposed to be constructed, where it is proposed that persons will possess an undivided equitable or legal, right or interest, including but not limited to shares, stock or beneficial interest in trust, in a multiple dwelling in the City of Arcadia coupled with an exclusive right or interest to possess, occupy or use one or more dwelling unit in such multiple dwelling. This ordinance shall, however, not be applicable to any co-operative multiple dwelling approved by a final map or parcel map filed for record pursuant to the Subdivision Code of the City of Arcadia (Arcadia Municipal Code, Chapter 1 of Article IX). Section 3. No person shall be issued a building permit for any co-operative multiple dwelling and no person shall offer to sell, lease, grant, issue, or give, contract to sell, lease, grant, issue, or give, or sell, lease, grant, issue or give, or finance, encumber, hypothe- cate, acquire interest in or lien upon, or right to, any portion of a co-operative multiple dwelling in the City of Arcadia unless such person -2- 1670 first applies for and obtains approval of a Conditional Use Permit pursuant to and in accordance with Title 1 (Prerequisites and Class- ification) and Title 2 (Procedures) of Division 5, Part 7, Chapter 2, Article IX of the Arcadia Municipal Code. In addition to the provisions of aforesaid Titles 1 and 2, the following provisions shall also be applicable to the processing of a Conditional Use Permit pursuant to this ordinance: 1. All personsirit~rest~d:iri such'matt~rshal1 be .heard at~ the public hearing subject to the limitations of any rule, regulation, ordinance or charter provision of the City of Arcadia. 2. The applicant has the burden and shall offer competent evidence in support of his application sufficient to enable the matter to be considered and to make findings. 3: The following shall be shown: 1) the effect which the proposed co-operative multiple dwelling has on the comprehensive planning and land use regulations which the Planning Department has currently under study; 2) the likelihood that the proposed co-operative multiple dwelling will conflict with or be compatible with the proposed comprehensive plans and land use regulations; 3) the effect upon the orderly development of property; 4) the preservation of property values and the protection of the tax base; 5) the effect on the neighborhood: 6) the likelihood of a nuisance being created; 7) the effect on the public health, safety, morals and general welfare of the residents of the city and pur- chasers of rights or interests in the co-operative multiple dwelling; 8) special conditions or exceptional characteristics of the property and its location or surroundings; 9) the impact on available city wide rental units in multiple dwellings; and 10) any other matters relevant to the inquiry. -3- 1670 4. Necessary findings. In ,addition to the prerequisite conditions set forth in Arcadia Municipal Code Sec. 9275.1.2 a Conditional Use Permit may not be granted unless the following general conditions are found to exist: 1) the establishment and maintenance of the co-operative multiple dwelling applied for conforms with the com- prehensive planning and land use regulations being studied and will not conflict with those plans or regulations; 2) the proposed co-operative multiple dwelling will not be detrimental to standards, population density and distribution which the Planning Department has under study or intends to study within a reasonable time; 3) adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided; 4) the proposed co-operative multiple dwelling will not under the circumstances of the particular case be a nuisance or be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing in the neighborhood; and 5) the proposed co-operative multiple dwelling is not detrimental or injurious to property and improvements in the neighborhood and is appropriate to the location, the lot and the neighborhood; 5. In addition to other conditions that may be imposed by law the Planning Commission and City Council may impose any con.dition which it considers necessary to avoid conflict with the proposed comprehensive planning and land use regulations under study. Section 4. This ordinance shall terminate and be of no force or effect commencing June 6, 1979. Section 5. 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 misde- meanor. Any person convicted of a misdemeanor under any provision of -4- 1670 this ordinance shall be punishable bya 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 im- prisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. Section 6. In addition to the penalties provided in the pre- ceding Section, any condition caused or permitted to exist in viola- tion 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 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be in- valid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the re- maining 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 un- constitutional. Section 8. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prose- cution 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 9. 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. -5- 1670 PASSED AND ADOPTED by the City Council of the City of Arcadia as an urgency ordinance at its regular meeting held on the 6th day of February 1979. SIGNED AND APPROVED this 6th day of February, 1979. Cj)od)~ Mayor of the Arcadia ATTEST: 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 6th day of February ,1979, by the affirmative vote of at least four Councilmen, to wit: AYES: Councilmen Margett, Pellegrino, Saelid and Parry NOES: None ABSENT: Councilman Gilb ~ City Clerk of the City of Arcadia -6- 1670