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URGENCY ORDINANCE NO. 1886
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, PRECLUDING THE
GRANTING AND ISSUANCE OF ANY USE PERMITS, VARIANCES,
BUILDING PERMITS, OCCUPANCY PERMITS AND ANY OTHER
ENTITLEMENT FOR USE APPLICABLE TO CERTAIN SPECIFIED
RETAIL USES IN THE CITY OF ARCADIA WITHIN 150 FEET
OF RESIDENTIALLY ZONED PROPERTY
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:
SECTION 1. This Urgency Ordinance is promulated pursuant to
California Government Code Section 65858 as an urgency measure to
prohibit certain uses which may be in conflict with a zoning
proposal to be studied by the City.
Based on the following
determination, the City of Arcadia intends to study certain
retail businesses selling liquor for off-premise consumption, and
retail businesses selling goods and products to the public on a
walk In basis which are open more than sixteen (16) hours per
day, or which are open to the public any time between 12:00 a.m.
and 6:00 a.m.
The purpose of this study is to determine whether
these type of uses and conditions reasonably related to these
uses create problems or concerns which justify application of the
conditional use permit process to such uses. Because of the
concerns set forth below and other concerns reasonably related to
these determinations, compliance with this Urgency Ordinance is
necessary to protect the public health, safety and welfare for
the following reasons:
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a) Retail businesses such as those defined herein tend to
contr ibute to noise, li ttering, loitering, and other nuisance
related problems.
b) The uses described herein can frustrate the quiet
enjoyment of property in the area of such uses, involve potential
criminal activity and can contribute to traffic crowds and other
concerns which are not consistent with what is basically a
residential community.
c) Current zoning provisions whereby such uses are a matter
of right in the appropriate zone, may not adequately address some
of the concerns and problems created or contributed to by such
uses in proximity to residential property.
d) Preservation of the status quo lS necessary to
adequately address the problems that emanate from the retail uses
described herein without the allowance of such establi shment s
pending study and review so as to avoid deleterious affects and
potential problems caused by such uses.
e) Although the described retail uses have their place in
the community and should exist in certain zones, because of the
problems referred to above and the potential for negative
activity which can. depreciate property values and create other
problems contrary to the health, safety and welfare of the
community, the City would like to study the propriety of
requiring conditional use permits for such uses in order to place
greater control over such uses and be able to mitigate through
conditions and other actions relative to a conditional use
permits their negative effect.
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SECTION 2. The purpose of this Urgency Ordinance is to
preclude those uses defined below in Section 3 because it would
be contrary to the findings set forth above to allow such uses
pending tne study, review and processing of possible code
amendments to regulate such uses. Current allowance would permit
evasion of the above concerns and future regulatory provisions of
the City. Current allowance would defeat, in whole or in part,
the ultimate objective of prospective code amendments.
SECTION 3. The following uses when located less than 150
feet from residentially zoned property are subject to this
Urgency Ordinance.
1. Retail businesses selling liquor for off-premises
consumption.
2. Retail businesses selling goods and products to the
public on a walk-in basis which are open more than sixteen (16)
hours per day or which are open to the public any time between
l2:a.m. and 6:00 a.m.
SECTION 4. With reference to the uses defined above in
Section 3, the City shall not take any action or consider any
application for such uses. Neither the City Council, Planning
Commission or any other agency or department of the City shall
approve any permit, license, variance, occupancy permit or any
other entitlement for use applicable to those retail uses
described above. This prohibition shall apply to the expansion
of any existing use, the alteration of any existing use, the
changing of one use to a similar use and the changing from one
use to another use totally dissimilar. The prohibition set forth
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herein shall not apply to any retail use as defined herein for
which a building permit is in effect and construction commenced
to replace an existing similar retail use in the redevelopment
area of the City.
SECTION 5, No person shall violate any provision, or fail
to comply with any of the requirements of this Urgency Ordinance.
Any person violating any of the provisions or failing to comply
with any of the mandatory requirements of this Urgency Ordinance
shall be guilty of a misdemeanor. Any person convicted of a
misdemeanor under any provision of this Urgency Ordinance shall
be punishable by a fine of not more than Five Hundred Dollars
($500.00), or by imprisonment in the City Jailor County Jail for
a period not exceeding six (6) months, or by both such fine and
imprisonment. 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 Urgency Ordinance lS committed,
continued, or permitted by such person and shall be punishable
accordingly.
SECTION 6.
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 Urgency Ordinance
shall be deemed a public nuisance and may be, by the City,
summarily abated as such, and each day such condition continued
shall be regarded as a new and separate offense.
SECTION 7. If any section, subsection, sentence, clause,
phrase or portion of this Urgency Ordinance is, for any reason,
held to be invalid or unconstitutional by the decision of any
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court of competent juri sdict ion, such decision shall not affect
the validity of the remaining portions of this Urgency Ordinance.
The City Council of the City of Arcadia hereby declares that it
would have adopted this Urgency Ordinance and each section,
subsection,
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 8. Neither the adoption of this Urgency Ordinance
nor the repeal hereby of any Urgency Ordinance shall in any
manner affect the prosecution for violation of Urgency
Ordinances, which violations were commited prior to the effective
date hereof, nor be construed as affecing any of the provisions
of such Urgency 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 cash
deposit in lieu thereof, required to be posted, filed or
deposited pursuant to any Urgency Ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
SECTION 9. That the City Clerk shall certify to the
adoption of this Urgency Ordinance and shall cause a copy of the
same to be publi shed In the official newspaper of said City
within fifteen (15) days after its adoption. This Urgency
Ordinance is effective immediately.
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Passed, approved and adopted this 7th day of June
1988.
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Mayor of the City of Arcadia
ATTEST:
of Arcadia
TATE OF CALIFORNIA
.."
COUNTY OF LOS ANGELES
CITY OF ARCADIA
)
) SS:
)
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby
cert ify that the foregoi ng Ordinance No. 1886
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 held on the 7thday of June
, 1988 and that said
Ordinance was adopted by the following vote, to wit:
AYES: Councilmember Chandler, Gilb, Lojeski, Young and Harbicht
NOES: None
ABSENT: None
of Arcadia
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