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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
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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.
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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;
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(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
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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
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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
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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
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ABSENT:
~k~
.
CITY CLERK, CHRISTINE VAN MAANEN
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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"