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Home My WebLink About1893 ORDINANCE NO. 1893 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADDING SECTIONS TO THE ARCADIA MUNICIPAL CODE REQUIRING A CONDmONAL USE PERMIT FOR RETAIL BUSINESSES LOCATED LESS THAN 150 FEET FROM RESIDENTIALLY ZONED PROPERTY, SELLING LIQUOR FOR OFF- PREMISE CONSUMPTION; AND FOR 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 MIDNIGHT (12:00 A.M.) AND 6:00 A.M. WHEREAS, Text Amendment 88-002 was initiated by the City for the consid- eration of adding sections'to the Arcadia Municipal Code which would required a conditional use permit for retail businesses located less than 150 feet from residentially zoned property, selling liquor for off-premise consumption; and for 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 midnight (12:00 a.m.) and 6:00 a.m. WHEREAS, the City Council on June 7, 1988 adopted Urgency Ordinance No. 1886 and on July 19, 1988 adopted Urgency Ordinance No. 1890 extending Urgency Ordinance No. 1886. WHEREAS, a public hearing was held on July 12, 1988 before the Planning Commission at which time all interested persons were given full opportunity to be heard and to present evidence, and WHEREAS, the Planning Commission of the City of Arcadia recommended approval of subject text amendment to the City Council, and WHEREAS, the City Council conducted a public hearing concerning said text amendment on August 2,1988 and approved the amendment. WHEREAS, the City Council determines that: (1) Retail businesses such as those defined herein tend to contribute to noise, littering, loitering, and other nuisance related problems; (2) 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; (3) current zoning provisions whereby such uses are a matter of right in the appropriate zone, may not adequately address some of the concerns and -1- 1893 problems created or contributed to by such uses in proximity to residential property; and (4) the problems referred to above and the potential for negative activity can depreciate property values and create other problems contrary to the health, safety and welfare of the community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the following wording be added to Sections 9275.1.53.6 and 9275.1.53.7 of the Arcadia Municipal Code: "9275.1.53.6. RETAIL BUSINESSES. Retail businesses selling liquor for off- premise consumption which are located in zones CPD-l, C-l, C-2, CoM or any less restrictive commercial zone, and located less than 150 feet from residentially zoned property. 9275.1.53.7. RETAIL BUSINESSES. 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 midnight (12:00 a.m.) and 6:00 a.m., and located in zones CPO-I, C-l, C-2, CoM or any less restrictive commercial zone, and located less than 150 feet from residentially zoned property." Section 2. That the following wording be added to Division 5, Conditional Uses a Title 7, Special Regulations-Retail Businesses Per Sections 9275.1.53.6 and 9275.1.53.7: "9275.7.1. Application. Every retail business selling liquor for off-premise consumption and every retail business selling goods and products to the public on a walk-in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than 150 feet from residentially zoned property, shall be subject to all of the regulations applicable to a permitted use in the zone in which the business is located; provided however, that whenever the regulations of this Title are more restrictive, the requirements of this Title shall control. Said retail business shall include all grocery stores, supermarkets, eating establishments, liquor stores and delicatessens, which engage in retail sales as set forth above. 9275.7.2. Hours of Operation. Retail businesses selling liquor for off-premise consumption may be limited on the hours of operation. Said businesses may be required to be closed between 10:00 p.m. and 7:00 a.m. 9275.7.3. Lighting. lighting shall be provided within the parking area so as to provide adequate lighting for patrons while not disturbing surrounding properties. -2- 1893 9275.7.4. Limitations on Retail Space: Limi~ations may be placed on the amount of retail space that may be devoted to the sale and display of alcoholic beverages. 9275.7.5. Litter Receptacles. Adequate litter receptacles shall be provided. Information on the location and type of litter receptacles shall be provided as part of the conditional use permit. 9275.7.6. Loitering. The operator of the business shall ensure that there is no loitering around the entryways. 9275.7.7. Deliveries. All deliveries shall be between the hours of 7:00 a.m. and 10:00 p.m." Section 3. That Section 9260.1.12.(15) be amended as follows: "9260.1.12.(15). Every retail business selling liquor for off-premise consumption and every retail business selling goods and products to the public on a walk-in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than 150 feet from residentially zoned property." Section 4. That Sections 9262.1, 9262.1.22, 9263.1.2 and 9265.1 be amended as follows: "9262.1. Uses Permitted. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the uses specified in the following subsections. EXCEPTION: A conditional use permit shall be required for every retail business selling liquor for off-premise consumption and every retail business selling goods and products to the public on a walk-in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than 150 feet from residentially zoned property 9261.1.22. Liquor Stores EXCEPTION: A conditional use permit shall be required for every liquor store located less than 150 feet from residentially zoned property. 9263.1.2. Retail Stores. Retail stores or businesses not involving any kind of manufacture, processing or treatment of products other than which is clearly incidental to the retail business conducted on the premises and provided that not more than five (5) persons are employed, and not more than fifty percent (50%) of the floor areas of the building is used in the manufacture, processing or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust, smoke vibration or other similar causes, and provided also that unless otherwise -3- 1893 permitted all such manufacturing, processing or treatment of products shall be conducted inside of buildings. EXCEPTION: A conditional use permit shall be required for every retail business selling liquor for off-premise consumption and every retail business selling goods and products to the public on a walk-in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than 150 feet from residentially zoned property 9265.1. Uses Permitted. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the uses specified in the following subsections. EXCEPTION: A conditional use permit shall be required for every retail business selling liquor for off-premise consumption and every retail business selling goods and products to the public on a walk-in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than 150 feet from residentially zoned property." Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this 6th day of September 1988. ~~~ Mayor of the City of Arcadia ~ ATTEST: .... -y -4- 1893 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1893 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 6th day of September 1988, and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Lojeski and Harbicht NOES: None ABSENT: Councilmember Gilb and Young 2'."'~~~ City erk of the City Arcadia -5- 1893