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HomeMy WebLinkAbout1886 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: / 1886 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. -2- 1886 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 -3- 1886 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 -4- 1886 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. -5- 1886 Passed, approved and adopted this 7th day of June 1988. //~ 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 -6- 1886