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ORDINANCE NO. 1928
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
ARCADIA, CALIFORNIA, IMPOSING A MORATORIUM
ON DEVELOPMENT OF UNDEVELOPED HILLSIDE AREAS
(FOUR VOTES REQUIRED)
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:
SECTION 1.
PURPOSE.
DEFINITION.
This Interim Urgency
Ordinance is adopted to protect the publ ic safety, health and
welfare and shall take effect immediately in accordance with
Arcadia City Charter Section 415 and California Government Code
section 65858. The urgency and need for this Interim Ordinance is
based upon the following factors as set forth in Sections 2 and 3.
They relate to a moratorium on development of undeveloped hillside
property in the City of Arcadia. For purposes of this ordinance
"undeveloped property" shall include all property in the area
(property and lots) delineated by Exhibit "A" that is not currently
subject to a previously granted building permit or related land use
permit.
SECTION 2. FINDINGS. Ordinance No. 1582 adopted on December
20, 1976 established a moratorium on hillside development for the
reasons set forth in that ordinance.
Subsequently a permanent
Ordinance No. 1597 was adopted on August 16, 1977.
Since the
effective date of Ordinance No. 1597 a portion of the hillside area
in the city of Arcadia has been developed.
Pursuant to that
development and related to the potential for further development
of the currently undeveloped hillside area, various concerns with
regard to grading, house-size, seismic factors, and protection from
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,
fire hazards have arisen. Also, additional information has evolved
over a period of time with regard to hillside development and the
regulations related to that type of development. Because of these
concerns and the fact that the currently undeveloped hillside area
is an important and limited environmental resource, there is an
urgent need to impose a temporary moratorium. Additional
development of the remaining undeveloped hillside (Exhibit "A"),
in view of the City's experience to date, evolving information, and
new issues of concern as to grading, seismic factors, fire and
related factors demonstrates that there is a current and immediate
threat to the public health, safety and welfare and that the
approval of additional development through subdivisions, building
permits or any other applicable entitlements would result in a
threat to the public health, safety and welfare.
SECTION 3. ADDITIONAL FINDINGS. STUDY. Related to the
factors as set forth above, and to assure a safe, and properly
preserved area, the City Council directs a comprehensive review of
hillside planning and land-use, and a complete study with regard
to the future development of hillsides in Arcadia. Because of the
time involved with regard to such a comprehensive study, and the
possibility of proposed new regulations, to avoid evasion of these
potential regulations or any action which could defeat in whole or
in part the ultimate objectives of future hillside development and
regulation in the City of Arcadia, it is necessary to preclude any
action in conflict with a contemplated General Plan, specific plan,
or zoning proposals and regulations that shall be studied.
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SECTION 4. PROHIBITION. During the effectiveness of this
Interim Urgency Ordinance, every proposed use on currently
undeveloped property within the area delineated on the maps labeled
hillside moratorium area (Exhibit nAn) on file in the office of the
Arcadia Planning Department and described in the attached Exhibit
nAil which are both incorporated by reference as part of this
Interim Urgency Ordinance, may not be undertaken, no building
permit shall be issued nor may a tentative map for any division of
land in said area be accepted or approved, whether or not the use
is permissible under existing zoning regulations, and no action of
any sort may be taken which would grant development of said
currently undeveloped hillside area during the effectiveness of
this moratorium. Code provisions established by Ordinance No. 1597
shall not apply to undeveloped property within the moratorium area
(Exhibit nAn) during the existence of this Interim Urgency
Ordinance.
SECTION 5. EFFECTIVE DATES. This Interim Urgency Ordinance
shall be of no further force and effect 45 days from the date of
its adoption, except that after notice and a pUblic hearing, the
legislative body may extend this Interim Urgency Ordinance for 10
months and 15 days and subsequently extend the Interim Urgency
Ordinance for 1 year, subject to finding that there is a current
and immediate threat to the public health, safety or welfare and
that the approval of additional subdivisions, use permits,
variances, building permits or any other applicable entitlement for
use would result in a threat to the public health, safety or
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welfare.
SECTION 6. VIOLATIONS. No person shall violate any
provision, or fail to comply with any of the requirements of this
Interim Urgency Ordinance. Any person violating any of the
provisions of failing to comply with any of the mandatory
requirements of this Interim urgency Ordinance shall be guilty of
a misdemeanor. Any person convicted of a misdemeanor under any
provision of this Interim Urgency 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. Each 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 Interim urgency Ordinance is committed, continued,
or permitted by such person and shall be punishable accordingly.
SECTION 7. NUISANCE. In addition to the penalties provided
in the preceding Section, any condition caused or permitted to
exist in violation of any of the provisions of this Interim Urgency
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. SEVERABILITY. 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 effect
the validity of the remaining portions of this ordinance. The City
council of the City of Arcadia hereby declares that it would have
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adopted this Interim Urgency
subsection, sentence, clause,
irrespective of the fact that
subsections, sentences, clauses,
invalid or unconstitutional.
SECTION 9. PROSECUTION. Neither the adoption of this Interim
Urgency Ordinance nor the repeal hereby of any ordinance shall in
any manner affect the prosecution 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 security 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. That this Ordinance shall take effect immediately
upon its adoption.
SECTION ll. The City Clerk shall certify to the adoption of
this Interim Urgency 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.
Ordinance and each section,
phrase or portion thereof
anyone or more sections,
phrases or portions be declared
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Passed, approved and adopted this 18th day of December, 1990.
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ATTEST:
City
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the city of Arcadia,
California, hereby certify that the foregoing Ordinance No. 1928
was passed and adopted by the City Council of the city of Arcadia,
signed by the Mayor and attested to by the City Clerk at a regular
meeting of said council on the 18th day of December, 1990 and that
said Ordinance was adopted by the following vote, to wit:
AYES: Councilmember Ciraulo, Fasching, Gilb, Harbicht and Young
NOES: None
ABSENT: None
Ci
-6-
1928
EXHIBIT "A"
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MORATORIUM AREA
EXHIBIT "A"
The proposed moratorium will involve the undeveloped properties bounded
on the north, west and east by the City Boundary and on the south by Elkins
Avenue and its extension to the easterly CitY Boundary. (See attached map).
1928