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HomeMy WebLinkAbout1928 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 1 1928 , 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. 2 1928 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 3 1928 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 4 1928 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 5 1928 Passed, approved and adopted this 18th day of December, 1990. l.?2a;E(/:.;fic~ 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" North City Boundary, R.l ~ R.1r\ e. 0 West City BoundarY---7 Santa Anita Canyon Road Grand View Avenue ,,~ I ;, . ~ > " . '..~~ '~ ,~',., '( '..~, '~ . 'l,,; I .) ! ~East City Boundary Elkins Avenue .-t.O"I L_ ~.,'''-\ I ' .~ \ I i ~ il ~\ 'II ), , '/i /1 '" L . 'i' I ;". J!I ,\~"'" \ . " , , ,I " , ,\ i ' ' " , , , ,-, . I, " '0 1'1.1 /" ".1 I' R-I ,0'" ~, 'to, ,to I 40 " ~ " ,I ',f ' ~. M . ;i; ',~ ' GJ" ~ Iii' " i ,-, ~'_~Il'., 'M ~o j .. \:~.rjl;'~l;' .Jt."'" ,-, 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