HomeMy WebLinkAbout1587
ORDINANCE NO. 1587
AN ORDINANCE OF THE CITY OF ARCADIA EXTENDING THE
MORATORIUM ON DEVELOPMENT OF HILLSIDE AREAS,
ADOPTING ZONING REGULATIONS FOR HILLSIDE AREAS
REQUIRING A LAND USE PERMIT PRIOR TO USES BEING
UNDERTAKEN, ISSUANCE OF BUILDING PERMITS OR
APPROVAL OF TENTATIVE MAPS FOR ANY DIVISION OF
LAND, COMMENCING APRIL 21, 1977 AND TERMINATING
ON DECEMBER 21, 1977
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS:
SECTION I. This ordinance is an ordinance for the immediate
preservation of the public peace, health and safety of the people of
the City of Arcadia. 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 September 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 de-
velopment 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. The Planning Staff has
concluded that hillside development may be regulated for the pro-
tection 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 Excava-
tion Regulations. Such code amendments must first be preceded by
appropriate 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 develop-
ment General Plan amendments and code amendments. In order to avoid
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the frustration of any comprehensive planning and land use requlations
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. A comprehensive set of hillside planning
and land use regulations of the extent proposed by the Planning Depart-
ment cannot be quickly drafted, and we hereby find that it will take at
least until December 21, 1977 to place into effect the comprehensive
re~ulations. 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 be permitted to enter upon
a course of action which would commit the City of Arcadia to allow de-
feat in whole or in part the ultimate objectives of these plans and
code amendments.
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 Aacadia Planning Department, and described
in the attached Exhibit "A" which are both by this reference incorpo-
rated herein, herein referred to as the hillside area, may not be under-
taken, 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 buildin~ 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. Upon the effective date of this ordinance the Planning Direc-
tor and Superintendent of Building and Safety are instructed to refuse
to issue a building permit in the hereinbefore referred to hillside area.
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SECTION 4. Land use permit procedure.
(a) Application. Notwithstanding any other ordinance regulat-
ing 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 application upon a form provided by the city. The City Staff
shall endorse the dace of its receipt on the application and im-
mediately set the matter for public hearing before the Planning Com-
mission. 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 shall be posted on each public road within
300 feet of the exterior boundaries of the affected land in con-
spicuous places at a distance of not less than 200 feet apart.
(b) Notice of hearing. The notice of the hearing shall con-
tain the time and place of hearing, a brief description of the land,
the purpose of the hearing and the use of the land which is sought.
(c) Hearing, burden of proof and considerations. The Planning
Commission shall hear all persons interested in the matter. The
applicant has the burden and shall offer competent evidence in support
of his application sufficient to enable the commission to consider the
matter and to make findings. In considering an application, the Plann-
ing 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 regu-
la tions;
(3) the effect upon the orderly development of property;
(4) the preservation of property values and the proect-
tion of the tax base;
(5) the effect on the neighborhood;
(6) the likelihood of a nuisance being created;
(7) the hea1th, safety and welfare of the residents of
the city;
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(d)
(8) special conditions or exceptional characteristics of
property and its location or surroundings; and
(9) any other matters relevant to the inquiry.
Necessary findings. The Planning Commission may not grant
permit unless it finds that the following general conditions
the
a land use
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 distribution
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 appropri-
ate 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 conflict with the proposed comprehensive planning and land use
regulations under study.
If) Time and manner of making findings. After hearing
the evidence and considering the application, the Planning Commission
shall make its 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 conditions, or denied. The Planning Commission shall
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make its findings within 10 days after it orders the matter submitted to
it for decision. The decislon of the Planning Commission is final 10
days after the date of the findings.
(g) Tlme for new application. If the city denies the applica-
tion, 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 flndings. 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 glve 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 concluslons ln writing within 30 days after it
closes ~he hearlng. In its flndings, the Council shall report the
facts found and its conclusions, whether the application should be
granted, granted wlth condltions or denied. The decision of the
Council is flnal.
(k)
is $200.00;
Fees. The fee for an application for a land use permit
the fee for an appeal to the Council is $100.00.
SECTION 5. This ordinance shall take effect commencing
April 21, 1977, and shall terminate and be of no force or effect
commencing December 21, 1977.
SECTION 6.
comply with any of
No person shall violate any provision, or fail to
the requirements of this ordinance. Any person
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violating any of the provisions or falling 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 impris-
onment. 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 commltted, continued, or permitted by
such person and shall be punishable accordingly.
SECTION 7. In addltion 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 8. 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 Ci..ty 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, sub-
sections, sentences, clauses, phrases or portions be declared in-
valid or unconstitutional.
SECTION 9. 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 provislons applicable to any
violation thereof, nor to affect the validity of any bond or case
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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 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
at its regular meeting held on the 21st day of March,
City of Arcadia
1977 .
SIGNED AND APPROVED this 21st day of
March,
1977 .
Jr
ATTEST:
I MAYOR PRO TEM
CITY CLERK
I HEREBY CERTIFY that the foregoing ordinance was adopted at
a regular meeting of the City Council of the City of Arcadia, Cali-
fornia, held on the 21st day of March, 1977, by the affirmative
vote of at least three Council members, to wit:
AYES:
Councilmen Gi1b, Margett, Parry and Sae1id
NOES:
None
ABSENT:
Mayor
LaUb~~7i:41
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CITY CLERK, CHRISTINE VAN MAANEN
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EXHIBIT A
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DESCRIPTION OF HILLSIDE AREA
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1) Commencing at the intersection of the easterly City limit and '>::"J
the northerly property line of 409 Hillcrest TIoulevard thence " ".
westerly along selici northerly property line and its prolongation ':: ,;
there of to its intersection with the ~asterly property line of ~ t~~:
1250 Oakhaven Lane thence northerly along said easterly property,!;;(~.~~.
line Ilnd its pro] ongation there of to its intersection with the ,li::~jll'"
southerly property line of 1292 Oakr,lcn Avenue thence easterly}.',
along said southerly property linQ to its interr;ection with the '
easterly property line of 1292 O.1kg len Avenue thence northerlyll.:.~,\. 'i:"
along said casted.y r)1:0:,erty line and its prolonGation there of
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to its intersection with the easterly rrolongation of the :~.?:.'
northerly rropcrty line of 1291 Oakglen Avenue thence l~ester1y , ",
along said northerly property line and its !Eolongation there of . ,i',",
to its intccrsecLion wIth the easterly property line of 1342 . ~';~;'i
Highland Oaks Drive thence northerly along the easterly property "";.1
lines of 1342 through 1990 Highland Oaks Drive thcnce northerly ~;;'-
along the prolongation of the easterly property line of 1990
Highland Oaks Drive to its intersection I^lith the east~rly
property line of 2010 Oakr; PI.ace thence northerly along said
easterly property line and its polongation there of to its
intersection with the northerly property line of 2030 Oaks
Place thensp 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 saiu Si!:] limit to the
point of beginning.
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2) Commencing at the intersection (1f t'2 ea;;tr,d." r.i,~y limit and the .1..-
caster!.) prC'lwrly line 'l[ 2236 llIghland Oaks DLlve thence northerly.
along said easterly property line to its intersection with the '~~.
northerly proper!:;' line of 223(, Highland Oaks Drive thence ::".
westerly along said northerly property line and its prolongation' ',~:X:,:'
. 'if
Lhen; of to its intersection with the easterly property line of "'11,;
22L,C Hi~hI;tnd Oaks Drive thence northerly along 83.id e.'1~tErly (",
property line to its intersectioil I"ith the easterly property line i.';'
of 22G2 Highland Vi.s:~a Drive thence northerly along said easterly . i
property line to its int"rsectio:l vd.th the nOLI:h~rly propCJ:ty line
of 2282 Highland Vista Drive thence westerly along said northerly ~;~
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property line alld its prolon".ation there or to its intersection
with the \-lesl:r;c1;, proo.:;rLy line of 22;;.3 ~!::J:)a\1(J 'listi'. Ddye
tl:,"w:0 s()u~n,~;'l', ClIOllt; faid 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, 26(] & 2(,5 HontE Place to its intersection
with the northerly property line of 2227 Canyon Road thence
westerly along said northerly property line and its westerly
prolongation thcre of to iLs inter:;ection \-lith the \'7cster1y
propet.ty 1.in2 oE 2225 Canyon Road th(~nce sOlltlled)' along the
\vesterly propenv lines of 2225 tllrou~h 2203 Canyon [{oad to it~
intersection with tlt2 !Iot'tllet"l.)' t".i[;ht or way line of Canyon Road
thence westcr1y along said right of way line ta its intersection
,'Ji':h tile 111J;:1l1C1.1.:, 1'1:0:,cr'::-' .lin'" of 2J35 CanYlJn Road thence
wes ter 1:,- ;dun/:, selid nOl.therl',' proflETty 1111'" ~.o its intersection
with th~ w2~tcrly rroperty line of 2135 Canyon Road thence southerly
al'Jng Gaid ""c~~t'~rJ.:> ::';~lJpcrty linc and its prolul'i.,ation there of
j ts ;inti.'l'~-:ection 1,'i.Lit the northerlj' Fl'operty Bne of 2131 Canyon
Road thence 11CSLCl']Y along !laid northerly pro;Jcrty line to its
intcrscr.1:i on Ivi th t;i:~ \J::", tcrly prOIJCrt)' Jij\c .",[ 2] 31 Canycn
Road thence southerly along the westerly property line of 2131 &
2127 Canyon R000 ,:() 1:;:: !.ntersec:Uon 1.?i.th th~ sl'1!U;"r;) property
line of 2127 Canyon [toad thence easterh along 1ill1d f.olltherly
prcl',"J:'ty line to its interscc tion 1.,i tll tlll~ '.'';;:: ter ly right of
'.J"j Jill-': cJ. C".11)'on [,O,lU .:.hcnce southerly ."lor:g sai.d "iesterly
right of wa~' line to its intersection I,lHh th~ northerly property
line of 2109 Canyon Road thenC2 westsr1; 11cnr saiJ northerly
propel'tj '4ne tu it~ intersection ~ith the westerly p~operLJ
~J.11'C ~1[ 2lCI') C2.,yon ROi',d thence southerly along sctid wester1.v
?l'operty line to its inter~2cticn wJth the northerly property
1.ine oC 1073 Cat'obvood Drive thence lvl'StC.J-, '\loilF, ,,}~(; nUl"therly
rru?e'~ty l':'lP' :;(,d its westerly prolong<lt1.')n th,'c') of to li.:s
inters8cticm vii th the '~Jster ly prolr1lif;,-:U.on DE the nOJ:th8rly
pJ....:)::~1.'i.:./ !.-fn:: :;.L' .20')() Vl~~i.:a :\.-\::::l.~ll'"' {-.'l':lI('"_"_ \.]csterly alon!; said
pc:operty line aud 1.1:s ',Ic-;tcdy prolungatiun tilcrcof to its
iili.:cr,cr.,':i:c'.'HI.th t11'2 westerly property line of 2085 Vista
Avenue thence southerly along said \,lesterly p;~operty line to its
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intersection Hith the easterly right of \vay of Santa Anita Canyon
Road thence souther ly along said right of way line to its inter- . "',':}
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section ~ith the city l.imii.: of the City of Arcadia thence northerly
along said eit/ U.llJ.t to its i':1;:~l'secti(lj) with the northerly
City limit of the City of Arcadia thence easterly along said
northerly city Umit to its J.ntersect1.on wHh the ea8terly city
Hmit of ::he city Hlld t: of t1.18 CiL~' of ,',r-calHa tne!\c'~ :,outherly
along said easterly city !ir,lit to the point ul becinning.
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