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HomeMy WebLinkAbout1679 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. -1- 1679 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 -2- 1679 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 , . -1- 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 -2- 1680 .LU.L "-HC PU,.L.j:JUi::lC U.L. ......UH VCL. "-..LJ,l'':t "-HC OCl.lUO;::; ..L,U,"-U Cl ......VU!:-'C.LCl'-..L VC JLLU.L. '--L.p.L.C 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; -3- 1680 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 -4- 1680 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. -5- 1680 ,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 -6- 1680