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HomeMy WebLinkAbout1582 ORDINANCE NO. 1582 AN URGENCY ORDINANCE OF THE CITY OF ARCADIA IMPOSING A MORATORIUM ON DEVELOPMENT OF HILLSIDE AREAS, ADOPTING ZONING REGULATIONS FOR HILLSIDE AREAS REQUIRING A LAND USE PER- MIT PRIOR TO USES BEING UNDERTAKEN, ISSUANCE OF BUILDING PERMITS OR APPROVAL OF TENTATIVE MAPS FOR ANY DIVISION OF LAND, AFTER DECEMBER 20, 1976 AND DECLARING THE URGENCY THEREFOR THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. This ordinance is an ordinance for the immediate preservation of the public peace, health and safety of the people of the City of Arcadia and shall take effect immediately in accordance with Arcadia City Charter Section 416. Said emergency is based upon the following facts which we hereby find to be true and correct: The City of Arcadia contains several undeveloped hillside areas zoned primarily for residential development. The Planning Com- mission on Sept. 14, 1976 and the City Council on December 7, 1976 requested the Planning Department to research considerations that are involved in the comprehensive planning and regulation of hillside development in the City of Arcadia. As a result of this request, the Planning Department has reviewed ordinances from other cities that pertain to hillside development and has examined and is continuing to examine the various regulatory considerations. Thus far, Planning Staff has concluded that hillside development may be regulated for the protection of the public health, peace and safety of the people of the City of Arcadia by code amendments to be formulated to one or more of the following portions of the Arcadia Municipal Code: 1) District Regulations; 2) Subdivision Regulations, and 3) Grading and Excavation -1- 1582 Regulations. Such code amendments must first be preceded by appro- priate amendments to the City of Arcadia General Plan. We hereby find that until such General Plan amendments and subsequent code amendments can be studied, discussed, hearings held thereon and adopted, that hillside development uses may be undertaken, tentative maps may be filed and building permits may be issued which may allow development in conflict with the subsequently adopted hillside deve- lopment General Plan amendments and code amendments. In order to avoid the frustration of any comprehensive planning and land use regu- lations for hillside development which may be adopted in the near future, and for the purpose of protecting the public safety, health and welfare, the City Council finds it is necessary to adopt the regulations set forth in this ordinance. The City Council also takes notice of the relatively recent filing of tentative maps for hillside development and the Planning Department has received indications of intent to file tentative maps for hillside development. A comprehen- sive set of hillside planning and land use regulations of the extent proposed by the Planning Department cannot be quickly drafted, and it may take several months to formulate the details of the comprehensive regulations. It would be destructive of the proposed regulations if, during the period they are being studied and public hearings are being held thereon, parties seeking to evade the operation of these regula- tions in the form they may be adopted should not be permitted to enter upon a course of action which would commit the City of Arcadia to allow defeat in whole or in part the ultimate objectives of these regulations. SECTION 2. The purpose of this ordinance is to require that every use proposed within that area delineated on the maps labeled Exhibit "A" on file in the Arcadia Planning Department and described in the attached Exhibit "A" which are both by this reference incorporated -2- 1582 herein, herein referred to as the hillside area, may not be undertaken, no building permit shall be issued nor may a tentative map for any division of land in said hillside area be approved, whether or not the use is permissible under existing zoning regulations, until a land use permit is first obtained from the City of Arcadia in accordance with the land use permit procedures set forth in this ordinance. SECTION 3. Every use proposed within that area hereinbefore referred to as hillside area may not be undertaken, no building permit shall be issued and no tentative map for any division of land may be approved, whether or not the use is permissible under existing zoning regulations, until a land use permit is first obtained from the City of Arcadia. No permit shall be required for a use existing on December 20, 1976, a building permit issued on December 20, 1976, or a tentative map filed for a division of land on December 20, 1976. After December 20, 1976, the Planning Director and Superintendent of Building and Safety are instructed to refuse to issue a building permit in the hereinbefore referred to hillside area. SECTION 4. Land use permit procedure. (a) Application. Notwithstanding any other ordinance regulating the issuance of land use permit, the procedures set forth in this section shall apply. An applicant for a land use permit shall file an applica- tion upon a form provided by the city. The City Staff shall endorse the date of its receipt on the application and immediately set the matter for public hearing before the Planning Commission. A notice of the time and place of public hearing shall be published once at least 10 days before the date set for the hearing and a copy of the notice -3- 1582 shall be posted on each public road within 300 feet of the exterior boundaries of the affected land in conspicuous places at a distance of not less than 200 feet apart. (b) Notice of hearing. The notice of the hearing shall contain the time and place of hearing, a brief description of the land, the pur- pose of the hearing and the use of the land which is sought. (c) Hearing, burden of proof and considerations. The Planning Com- mission shall hear all persons interested in the matter. The applicant has the burden and shall offer competept evidence in support of his application sufficient to enable the commission to consider the matter and to make findings. In considering an application, the Planning Commission shall consider: (1) the effect which the proposed use has on the compre- hensive planning and land use regulations which the Planning Commission has currently under study; (2) the likelihood that the proposed use will conflict with or be compatible with the proposed comprehensive 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 health, safety and welfare of the residents of the city; (8) special conditions or exceptional characteristics of the property and its location or surroundings; and -4- 1582 (9) any other matters relevant to the inquiry. (d) Necessary findings. The Planning Commission may not grant a land use permit unless it finds that the following general conditions exist: (1) the establishment and maintenance of the use applied for conform with the comprehensive planning and land use regulations being studied, or will not conflict with those regulations; (2) the proposed use will not be detrimental to standards of traffic circulation, population density and distri- bution which the Planning Commission 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 use 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 use is not detrimental or injurious to property and improvements in the neighborhood and is appropriate to the location, the lot and the neighborhood. (e) Conditions. If the Planning Commission grants a land use permit, it may impose any condition which it considers necessary to avoid con- flict with the proposed comprehensive planning and land use regula- tions under study. (f) Time and manner of making findings. After the hearing the evidence and considering the application, the Planning Commission shall make its -5- 1582 findings and have them entered in the minutes of the commission. In its findings, the commission shall report the facts found and its conclusion whether a land use permit is granted, granted with condi- tions, or denied. The Planning Commission shall make its findings within 10 days after it orders the matter submitted to it for decision. The decision of the Planning Commission is final 10 days after the date of the findings. (g) Time for new application. If the city denies the application, the applicant may not file a new application for substantially the same thing for a period of 90 days from the date the city takes action. (h) Appeal of City Council. A person who is dissatisfied with the findings of the Planning Commission may appeal to the Council by filing a notice of appeal with the city within 10 days after the Planning Commission files its findings. The council shall set the matter for public hearing by entering an order fixing the date of the hearing. The order shall be made at the first regular meeting of the Council after the appeal is filed. The hearing on appeal shall be set for a time not later than 14 days from the date the appeal is taken. (i) Notice of appeal. The city shall give notice of the time and place of hearing by mailing a copy of the notice to the applicant, the appellant and to any other interested person who has requested notice. (j) Hearing on appeal. The Council shall hear the matter and make its findings and conclusions in writing within 10 days after it closes the hearing. In its findings, the Coupcil shall report the facts , found and its conclusions, whether the application should be granted, granted with conditions or denied. The decision of the Council is final. -6- 1582 The fee for an application for a land use permit is the fee for an appeal to the Council is $100.00. SECTION 5. This ordinance shall terminate and be of no force or effect commencing April 21, 1977. SECTION 6. 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 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 imprison- ment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provi- sion of the ordinance is committed, continued, or permitted by such (k) Fees. $200.00 person and shall be punishable accordingly. SECTION 7. In addition to the penalties provided in the pre- ceding 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 8. 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 -7- 1582 each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portion~ be declared invalid or unconstitutional. SECTION 9. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecu- tion 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 case deposit in lieu thereof, requirep 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 10. 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 as an urgency ordinance at its regular meeting held on the 21st day of December, 1976. SIGNED AND APPROVED this 21st day of December, 1976. 7tJ;:-~ ~~ ATTEST: CITY CLERK -8- 1582 a regular meeting of the City Council of the City of Arcadia, California, held on the 21st day of December, 1976, by the affirmative vote of at least four Council members, to wit: AYES: Councilmen Gilb, Margett, Parry, Saelid and Lauber NOES: None ABSENT: None ~L'd4C( '~407/CLK/?..fft/"-- CITY CLERK, CHRISTINE VAN MAANEN PASSED AND ADOPTED by the City Council of the city of Aacadia as a regular ordinance at its regular meeting held on the 4th day of January , 1977. SIGNED AND ADOPTED this 4th day of January , 1977. If-~ J(~ MAYOR ATTEST: ~. -' , ~) /l( ( [~e Vtlhu/ ~Lf;fU CITY CLERK I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, Ca1i- fornia, held on the 4th day of January , 1977, by the affir- mative vote of at least three Council members, to wit: AYES: Councilmen Gilb, Margett, Parry, Saelid and Lauber NOES: None ABSENT: None /2 G,~ t;:ft~~-d.~~e4c~~~ CITY CLERK, CHRISTINE VAN MAANEN -9- 1582 1) Commencing at the intersection of the eas terly Ci ty limit and ." the n0rtherly property line of 409 Hillcrest Boulevard thence ;~,':':1. westerly along said northerly property line and its prolongation . there of to its intersection with the easterly property line of '" ',' ;:,,:; t' ~il't .~", 1250 Oakhaven Lane thence northerly along said easterly property 'r.~t"3~' line and its prolongation there of to its intersection with the f ',',:,,:,$' southerly property line of 1292 Oakglcn Avenue thence easterly ; , along said southerly property line to it~ intersection with the " easterly property line of 1292 Oakglen Avenue thence northerly along said eas tarly pro;lerty line and its prolongation there of to its intersection with the easterly prolongation of the northerly property line of 1291 Oakglen Avenue thence \~esterly along said northerly property line and its :lJ:olongation there of \ to its intersection with the easterly property line of 1342 ' ,j,~>,:,,) Highland Oaks Drive thence northerly along the easterly property""., j lines of 1342 through 1990 Highland Oaks Drive thence northerly " along the prolongation of the easterly property line of 1990 Highland Oaks Drive to its intersection with the easterly property line of 2010 Oaks Place thence northerly along said easterly property line and its polongation there of to its inter'section with the northerly property line of 2'J3D Oaks Place then~e westerly along said northerly pro~erty line and its prolongation there of to its intersection with the easterly ',/ property line of 2038 Highland Oaks Drive thence northerly along ,,;:;;', the easterly property lines of 2038 through 2152 Highland Oaks Drive to its intersection with the easterly City limit of the City of Arcadia thence southerly along said \::i;::/ limit to the point of beginning. EXHIBIT A DESCRIPTION OF HILLSIDE AREA ,t.,,:: I::--;':'~ ,~~ "t ":f. . ''''' . '.;. "" r:.l'. ~ \' .)'r.. ~! ":~',;i:';-\ " " " .... ;",.-" . ".',,1, . r:" " . .~ p' .'.\ ~. '. ~. .:1 ',,' ~ . .~,. . ., ~ ",'1, ; , . . (~ ~. " , I : ~~~ : i' .l'l:,-n",.,. .~' ~. tIN'~JI . ( :' " ' ,,' 2) Commencing at the intersection of the eastf~-;:'lv City limit and the :;" e,'iS terly property line ':JL 2236 HIghland Oaks Drive thence northerly along said easterly prol,'erty line to its intersection with the northerly property line 01: 22% Highland Oaks Drive thence.;.:::, westerly along said northerly property line and its prolongation ~t' ,T: i.:heL'(~ of to its intersection with the easterl)' nroperty line of' t' '~')~.t . 22l,G HiGh] and Oaks Drive thence northerly along 8'!lid e:wt€rly' I-H'operty line to its intersectioil \~lth the easterly property line of 2282 Highland Vista Drive thence northerly along said easterly property line to its int~rsection with the northerly property line of 2282 Highland Vista Drive thence westerly along said northerly .'." '. " " .,'j., " ~ ::': .~'r ~ '.., ' 'J~I.'. :',( ~-, ., property line aud its prolon~.ation there or to its intersection with the westm'l;, prop~rty J ine of 2285 ~!:i.:;h]all(] Vista Ddve tt:ell~8 suutnerb a1on[; said westerly property line and its prolongation there of to its intersection with the northerly property line of 273 Monte Place thence westerly along the northerly property lines of 273, 269 &. 265 Nonte. Place to its intersection with the northerly property line of 2227 Canyon Road thence westerly along said northerly property line and its westerly prolongation there of to its intersection '"lith the Hesterly property Un", of 2225 Canyon Road thence southerly aJong the westerly property lines of 2225 throur,h 2203 Canyon I<oad to its intersection witn th8 llorthel'ly l'ight of way line of Canyon Road thence ,"Iesterly aJ,ong said right (;f way line t.J its intersection "liI:l1 tile nu:;:therl~: ~Yro[le,.t;J liD"'~ of 2135 Canyon Road th",ne~ l~et;terl}' aIonf, said llol'l:her1~' prof:lerty lill'? to its intersection with th~ w2sterly ~roperty line of 2135 Canyon Road thence southerly a1'Jng :.:aid w(~Gt!2rl)' ;:'L'operty line and its prolill'uation there of j ts ;in L>;'section 1,'i;:11 the northerly :n'operty line of 2131 Canyon, Road thence lies ledy along said northerly property line to its inter see tien I~i th tiLl 1'12 f., ter1y prolHorty lin(! ~)f 2131 CanyC'l.1 Road thence souther1,)' along the westerly property line of 2131 /',;, 2127 Canyon Road ':0 i::~ interse;.;tion I~ith the f>ulll:l;~r1.y property line of 2127 Canyon Road thence easterb alone !;aid ~otlther1y prq',"rty line to its intersection l'Jitb the ",:,,:::,:terly right of "Pj 1ilk :::L C",nyon Lenu thence southerly -'11011g sa:l.d westerly right of way line to its intersection wj,th the northerly property line of 21'09 Canyon Road ~:ben(:2 ,",lest::::l:, ,'JlcnE said northe;:ly propertj l.ne to its intersection l'Jith the westerly p~operLJ 1.111~ (1:L 21C9 C,nyon Road thence southerly along s[lid westerly ?I:"operty line to :l.ts interficctlon \~ith the northerly property l,ine o~ ~f)73 Carolwood Drive thence Ivcstc':l'i :,;lollg ,;,"1.6 northerly r1:'0?el:ty Hue ,;,',d its wes terly prolongati'J\l th':,;:,~ of to:l. \:8 intersectian with the easterly [JroJ.Oi'b~~tion of the nm:therly Dc ' """""l'L'", 1-1"" ,,' '10"'" T,; ,,"~ "",~1""" ""lMJr" l'lest~rl,-, alollg sa-1d t... -.-'.-' J ......- ,~..c.. '- .Iv \. ,'l...... <.LV .......t ~ ,.."... ,.- \.:;..T .... p:,:operty line <md i1:s ;iEstcrly prolungatioIl t;lcrcof to its interFc~~i~! wIth the westerly property line of 2085 Vista Avenue thence southerly along said westerly property line to its intersection with the easterly right of way of Santa Anita Canyon Road thence souther 1y along said right of way line to its inter- ,,,) " section Hith the city limit of the City of Arcadia thence northerly along said city Ij,;,l},t to its i':1;:eJ:se(~ticJn with the northerly City limit of the City of Arcadia thence easterly along said northerly city Urnit to its intersection with the easterly cit)' limit of the city 1iildt: of the eit,;- of ;\rcacJia thenc,; rcoutherly along said easterly city lir.lit to the point uJ: beginning. . ", .~: --:. ':,', , " " " "'. ""' .';. ';' :~ '.'r'j . " ' 1.,"./, ., < . 'I" , "1 ~,', ":.'