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ORDINANCE NO. 1679
AN ORDINANCE OF THE CITY OF ARCADIA ADDING A
NEW CHAPTER 6 TO ARTICLE I OF THE ARCADIA
MUNICIPAL CODE MAKING SECTION 1094.6 OF THE
CALIFORNIA CODE OF CIVIL PROCEDURE APPLICABLE
TO JUDICIAL REVIEW OF ANY DECISION BY THE CITY
COUNCIL, ANY COMMISSION, BOARD, OFFICER OR
AGENT OF THE CITY OF ARCADIA PURSUANT TO SECTION
1094.5 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. That the Arcadia Municipal Code is hereby
amended by adding thereto a new Chapter 6 to Article I thereof
to read as follows:
"ARTICLE I. GENERAL PROVISIONS
CHAPTER 6. LIMITATION OF ACTIONS
1610. CALIFORNIA CODE OF CIVIL PROCEDURE SECTION
1094.6 APPLICABLE. Section 1094.6 of the California Code of
Civil Procedure, as amended from time to time, is hereby made
applicable to judicial review pursuant to Section 1094.5 of the
California Code of Civil Procedure of any decision of the City
Council, any commission, committee, board, officer or agent of
the City of Arcadia."
SECTION 2. 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.
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SECTION 3. 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.
PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Arcadia
at its regular meeting held on the 19th day of June, 1979
SIGNED AND APPROVED this 19th day of June, 1979
ATTEST, ~ -1J. ~
~f.<k of the CHy 0 read"
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 19th day of June, 1979 by the affirma-
tive vote of at least three Councilmen, to wit:
AYES: Councilmen Parry, Pellegrino, Saelid and Margett
NOES: Councilman Gilb
ABSENT: None
C1ty Clerk of the C1ty of Arcad1a
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See Ordinance 1685
J
ORDINANCE NO. 16HO
~/V//U;.~<7
AN URGENCY ZONING ORDINANCE OF THE CITY OF ARCADIA
EXTENDING AND EXPANDING THE MORATORIUM TO PROHIBIT
THE CONVERSION OF MULTIPLE DWELLINGS INTO CO-
OPERATIVE MULTIPLE DWELLINGS DURING THE INTERIM
PENDING THE STUDY OF ZONING PROPOSALS REGULATING
THE SAME, EXTENDING THE TERMINATION DATE THEREOF
TO SEPTEMBER 15, 1979, AND DECLARING THIS ORDINANCE
TO BE IMMEDIATELY EFFECTIVE.
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. Said emergency is based upon the following
facts which we hereby find to be true and correct:
1. That February 6, 1979 the City Council instructed the
Arcadia Planning Department to conduct a City-wide study of the
adequacy of existing land use regulations and zoning to control the
land use impacts and impact on the availability of multiple dwelling
rental units from the construction of, or the conversion of, existing
multiple dwellings into cooperative multiple dwellings and adopted
Urgency Ordinance No. 1670 requiring a Conditional Use Permit for co-
operative multiple dwellings.
Thus far the Planning Department has commenced examination
and review of similar requlations of other cities.
2. That on April 24, 1979 the Planning Commission of the City
of Arcadia by its Resolution No. 1099, ordered the Planning Department
to continue its study and further recommended thereby that the City
Council adopt an urgency ordinance prohibiting any proposed conversions
of existing multiple dwellings into cooperative multiple dwellings for
a period of four months.
3. On May 1, 1979 the City Council set a public hearing for
May 15, 1979 for extension of the moratorium established by Ordinance
No. 1670, and on May 15, 1979 said hearing was held at which time all
interested persons were given full opportunity to be heard.
4. The study being conducted by the Planning Department may
CUljinate in a recommendation that the one or more elements of the
Arcadia General plan be amended, that specific plans be adopted, and
I
that appropriate amendments to the Zoning Ordinances, Subdivision
C6de and other portions of Arcadia Municipal Code be adopted. We,
therefore, hereby find that until such General Plan amendment, specific
plans, rezoning proposals, and subsequent code amendments can be
,
studied, discussed, hearings held thereon and adopted, actions might be
,
.
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1680
I
taken, uses might be undertaken, and permits might be issued,
tentative maps and tentative parcel maps may be approved and con-
versions of multiple dwellings into cooperative multiple dwellings
might take place which may allow actions, uses, permits to be issued
or maps approved in conflict with the subsequently-adopted amendments
to the Arcadia General Plan, specific plans, code amendments, or re-
zoning proposals.
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.
5. A comprehensive plan and the necessary steps to effect 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, rezoning proposals, and code amend-
ments 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 ultimate objectives of these plans and code amendments.
6. 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
Council therefore states its express intent to treat co-operative
multiple dwellings differently from multiple dwellings in this ordi-
nance for the protection of the community and for the protection of
purchasers of co-operative multiple dwelling rights or interests.
SECTION 2. For purposes of this ordinance, "co-operative
multiple dwelling" shall mean, any multiple dwelling as defined in
Arcadia Municipal Code Section 9220.23 existing or proposed to be
constructed, where persons will possess or possess an undivided
equitable or legal, right or interest, including but not limited to
shares, stock or beneficial interest in trust,
coupled with an exclusive right or interest to possess, occupy or use
one or more dwelling unit in such multiple dwelling.
SECTION 3. No tentative map or tentative parcel map filed
after April 30, 1979 shall be approved for the subdivision of any
existing multiple dwelling in the City of Arcadia. 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, hypothecate, acquire interest in or lien upon, or
right to, any portion of a multiple dwelling in the City of Arcadia
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1680
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dwelling.
SECTION 4. No person shall be issued a building permit for
any co-operative multiple dwelling proposed to be constructed, 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, hypothecate, acquire interest in or
lien upon, or right to, any portion of a co-operative multiple dwell-
ing proposed to be constructed in the City of Arcadia unless such
person first applies for and obtains approval of a Conditional Use
Permit pursuant to and in accordance with Title 1 (Prerequisites and
Classification) and Title 2 (Procedures) of Division 5, Part 7,
Chapter 2, Article IX of the Arcadia Municipal Code. No conditional
use permit shall be required for any co-operative multiple dwelling
proposed to be constructed 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.)
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 persons interested in such matter shall 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 co-operative multiple dwelling
proposed to be constructed has on the comprehensive
planning and land use regulations which the Planning
Department has currently under study;
2) the likelihood that the co-operative multiple dwelling
proposed to be constructed 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
mutiple dwelling proposed to be constructed;
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8) special conditions or exceptional character~stics
of the property and its location or surroundings;
9) the impact on available and future City-wide rental
units in multiple dwellings; and
10) any other matters relevant to the inquiry.
4. Necessary findings. In addition to the prerequisite
conditions set forth in Arcadia Municipal Code Section 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 proposed to be constructed applied
for conforms with the comprehensive planning and land
use regulations being studied and will not conflict
with those plans or regulations;
2) the proposed co-operative multiple dwelling proposed
to be constructed 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 proposed
to be constructed 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 proposed
to be constructed is not detrimental or injurious to
property and improvements in the neighborhood and is
appropriate to the location, the lot and the neighbor-
hood;
5. In addition to other conditions that may be imposed by law
the Planning Commission and City Council may impose any condition 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 September 15, 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 mis-
demeanor. Any person convicted of a misdemeanor under any provision
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of thi~ 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 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 e. 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 g. 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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,PASSED AND ADOPTED by the City Council of the City of Arcadia
as an urgency ordinance at its regular meeting held on the 15th day
of May, 1979.
SIGNED AND APPROVED this 15th day of May, 1979.
ATTEST:
'J~~
City Clerk of the City'of Arcadia
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 15th day of May, 1979, by the affirmative vote
of at least four Councilmen, to wit:
AYES:
NOES:
Councilmen Parry, Pellegrino, Saelid and Margett
None
ABSENT: Councilman
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