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HomeMy WebLinkAbout1588 ORDINANCE NO. 1588 AN ORDINANCE OF 'THE CIT\' OF ARCADIA EXTENDING THE MORATORIUM ON DEVELOPMENT OF THE AREA GENERALLY BOUNDED BY FIFTH AVENUE, SECOND AVENUE, SANTA CLARA STREET AND HUNTINGTON DRIVE, DECLARING A NEED FOR A STUDY TO BE CONDUCTED FOR PURPOSES OF RECOMMENDING AMENDMENTS TO THE CIRCULATION ELEMENT OF THE GENERAL PLAN AND LAND USE REGULATIONS FOR SAID STUDY AREA, ADOPTING ZONING REGULATIONS FOR SAID AREA, REQUIRING A LAND USE PERMIT PRIOR TO USES BEING UNDERTAKEN, ISSUANCE OF BUILDING PERMITS OR APPROVAL OF TENTATIVE MAPS FOR ANY DIVISION OF LAND IN SAID STUDY AREA, COMMENCING MAY 18, 1977 AND 'TERMINATING ON DECEHBER 21, 1977 THE CIT\' COUNCIL OF THE CIT\' 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. Said emergency is based upon the following facts which we hereby find to be true and correct: The City Council has instructed the Arcadla Planning Depart- ment and the Arcadia Redevelopment Agency Staff to conduct a study of that certain area generally bounded by Second Avenue, Santa Clara Street, Fifth Avenue and HuntingtOn Dr-ive in the Clty of Arcadia, California, for the need of increasing traffic circulation for in- creased traffic anticipated as a result of M-l industrial development presently taking place and M-l lndustria1 development being planned. The area generally comprises the extreme eastern portion of the Arcadla Redevelopment Pr"oject Area, and is planned and zoned for high quality M-1 industrial development, and is presently designated as a blighted area containing a mixture of existing M-l development, pub- lic utility facUities, single family dwellings, railway right of way, a flood control channel of WhlCh are presently being equipment storage facilities. The study being conducted development Staff may culminate ln a and undeveloped M-1 properties, used as screened and unscreened many heavy by the Planning Department and Re- recommendation that the one or - 1 - 1588 more elements of the Arcadia General Plan to be amended, that specific plans be adopted, and that appropriate amendments to the Arcadia Muni- cipal Code be adopted. We, therefore, hereby find that until such General Plan amendmen~.specific plans and subsequent code amendments can be studied, dlscussed, hearings held thereon and adopted, that uses may be undertaken, and building permits may he issued which may allow development in conflict with the subsequently adopted amendments to the Arcadia General, Specific Plans or Code Amendments. In order to avoid the frustration of any comprehensive plan- ning for st.xeet traffic circulation within the study area which is described in Exhibit "A" attached hereto, and for the purpose of pro- tecting the public safety, health and welfare, the City Council finds it is necessary to adopt the requ1ations set forth in this ordinance. A comprehensive traffic circulation plan for this evolving area and the necessary steps to effect its application cannot be quickly drafted; and it may take until December 21, 197~ to formulate and place into effect the details of the comprehensive plan for this study area. It would be destructive of the proposed plans and code amendments if during the period they are being studied and public hear- ings are being held thereon, parties seekinq to evade the operation of these plans 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. ~ECTIO~~~: The purpose of this ordinance is to require that every use proposed within that area described in the attached Exhibit "A" which is both hy this reference incorporated herein, referred to as the study area, except those for which conditional use permits have been approved, may not. be undertaken, no building permit shall be issued nor may a tentative map for any division of land in said study area be approved, whether or not the use is permissible under existing zoning regulations, until a land use permit is first obtained from the cit.y of Arcadia in accordance with the land use permit proce- dures set forth in this ordinance. .. 2 '" 1588 SECTION 3: Every use proposed within that area hereinbefore referred to as scudy area, except those for which conditional use permits have been approved, 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. 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 study area until the provisions of this ordinance have been complied with. SECTION,4: Land use permit procedure. (ai Application. Notwithstanding any other ordinance regula- ting 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 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 shall be posted on each public road within 300 feet of the ex- terior boundaries of the affected land in conspicuous places at a dis- tance 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. (el Hearinq, burden of proof and considerations. The Plan- ning commission shall hear all persons interested in the matter. The applicant has the burden and shall offer competent evidence in sup- POLt of his application sufficient to enable the commission to con- sider the matter and to make findings. In considering an application, the P1annlng Commission shall consider: \1) the effect which the proposed use has on the comprehensive traffic circulation planning and land use regulations which the Planning Commission has currently under study; - 3 - 1588 (2) the likelihood that the proposed use will conflict with or be compatible with the proposed comprehensive traffic circu- lation plans and land use regulations; (3) the effect upon the (4) the p~eservation of tion of the tax base; orderly development property values and of property; the protec- (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 (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 traffic circulation planning and land use requlations being studied, or will not conflict with those plans or 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 reason- able 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) Condltions, If the Planning commission grants a land use - 4 - 1588 permit, it may impose any condition which it considers necessary to avoid conflict With the proposed comprehensive traffic circulation planning and land use regulations under study. (f) Time and manner of making findings. After hearing the evidence and considering the application, the Planning Commission shall make its flndings and have them entered in the minutes of the commission. In its flndings, 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 make its findlngs withln 10 days Cifter it orders the matter submit- ted to it for decision. The decision of the Planning Commission is final 10 days Cifter the date of the findings. (g) Time for new application. If the city denies the ap- plication, the applicant may not file a new application for sub- stantially 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 fl1ing a notice of appeal with the city within 10 days after the Plannlng 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 tlme not later than 14 days from the date the appeal Is taken. (ii 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 noticeo lj) Hearing on appeal. The Council shall hear the matter and make its findings and conclusions in writing within 30 days after it closes the hearing. In its findings, the Council shall report the fCicts found and its conclusions, whether the application should be granted, granted with conditions, or denied. The decision - 5 - 1588 of the Council is final. SEC~ION 5: This ordinance shall take effect commencing May 18, 1977, and shall terminate and be of no force or effect commencing December 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 person and shall be punishable accordingly. SECT}ON 7: 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 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 City Council of the City of Arcadia hereby de- clares that it would have adopted this ordinance and each section, sub- section, 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. SECTION 9: Neither the adoption of this ordinance nor the - 6 - 1588 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 viola- tion thereof, nor to affect the validity of any bond or case deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obliqations thereunder appertain- ing shall contlnue in full force and effect. SEC~'!ON~: The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to b~ published in the official newspaper of the City of Arcadia within fif- teen (i5j days after its adoption. PASSED AND ADOPTED by the City Council of the City of Arcadia at its regular meeting held on the 21st day of March, 1977. ATTEST: ~~& (J, f 1977 . SIGNED AND APPROVED this 21st CITY CLERK 1 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 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 - 7 - 1588 ABSENT: ~k~ . CITY CLERK, CHRISTINE VAN MAANEN - 8 - 1588 EXHIBIT "A" Beginning at the intersection of the westerly line of Second Avenue and the northerly line of Santa Clara Street, thence easterly along said northerly line and following same through its various courses and distances to the point of intersection with the easterly bounda~of the City of Arcadia, thence southerly along said boundary and following same through its various courses and distances to the point of intersection with the southerly line of Huntington Drive, thence westerly along said southerly line and fo110~ling same through its various courses and distances to the point of intersection with the westerly line of Second Avenue, thence northerly along sa~d westerly line and following same through its various courses and distances to the point of beginning. EXHIBIT "A"