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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 - 1 - 1587 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. - 2 - 1587 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; - 3 - 1587 (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 - 4 - 1587 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 - 5 - 1587 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 - 6 - 1587 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 ~ CITY CLERK, CHRISTINE VAN MAANEN - 7 - 1587 EXHIBIT A . ,~~~.'f" '" i'.'I,'f: :' I., . ".: i .., }..tJ.,.. ";:"~':'i" . "~,.;~ ,: 1!\". .: .tJ." ;\..: ',. ", f i:t.'\~'~~ DESCRIPTION OF HILLSIDE AREA , ~.' ',;''',-.' ~" 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 ,....". . 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. l' ;, ,/(:i: , , "\ ::'): .'." . ::;;> 't~'/ : , . ., ./ ~ . . i: ' ,.; ,;l; i' ~".'. 1. ,~~ t.,II,I"'" ;"?f (~I,~,' . ;'1: (.,:" }I~~.' ," ",J 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 ~;~ f,I,. ! .' ~ :' ",1',' I ,. ll'J . ,r j.,~ . ""',' ',:,\:"1'. 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 . ~. intersection Hith the easterly right of \vay of Santa Anita Canyon Road thence souther ly along said right of way line to its inter- . "',':} 'il 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. , (', \. 'j: ~. /. ': t ..'~' , tl~,.' '. ~ /:', " ' ~~;..~. I ." :1 " " , ,'", :'~. . \j :,,: , It',,', ,.,... " ~ . '