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HomeMy WebLinkAbout2288 ORDINANCE NO. 2288 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE IX, CHAPTER 2, PART 7, DIVISION 3 OF THE ARCADIA MUNICIPAL CODE TO EXPAND THE PERMITTED USE LIST IN THE SPECIAL USE (S-1) ZONE TO ALLOW MORE TEMPORARY SPECIAL USES AND EVENTS AT THE RACETRACK AND IN THE ADJACENT PARKING LOT AREAS. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9273.1 of Article IX, Chapter 2, Part 7, Division 3 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9273.1. 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, subject to the provisions of Section 9273.1.20 for Special Uses — Permit Required." SECTION 2. Article IX, Chapter 2, Part 7, Division 3 of the Arcadia Municipal Code is hereby amended by adding Section 9273.1.1 to read in its entirety as follows: "9273.1.1. SAME. Ride and drives (car testing & demonstrations), safety and defensive driving schools and clinics." SECTION 3. Section 9273.1.3 of Article IX, Chapter 2, Part 7, Division 3 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9273.1.3. SAME. Conventions, assemblies, ceremonies and receptions." SECTION 4. Section 9273.1.5 of Article IX, Chapter 2, Part 7, Division 3 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: 1 "9273.1.5. SAME. Daytime sports and athletic events. These uses are not allowed at the northerly parking lot." SECTION 5. Section 9273.1.7. of Article IX, Chapter 2, Part 7, Division 3 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9273.1.7. SAME. Christmas tree and Halloween pumpkin sales. These uses are not allowed at the northerly parking lot." SECTION 6. Section 9273.1.12 of Article IX, Chapter 2, Part 7, Division 3 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9273.1.12. SAME. Picnics and food and beverage events. These uses are not allowed at the northerly parking lot." SECTION 7. Section 9273.1.14 of Article IX, Chapter 2, Part 7, Division 3 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9273.1.14. SAME. Any use by an organization, association or corporation which is organized and carried on wholly for the benefit of religious, charitable, educational, recreational or scientific purposes, and from which no individual person other than bona fide employees and assistants necessarily employed receives any gain, remuneration or profit, including veterans' associations and corporations, and including any City, County, State, Federal, Governmental, Political, public or quasi-public unit, body, agency and entity, subject to the provisions of Section 9273.1.20 for Special Uses — Permit Required." SECTION 8. Section 9273.1.15 of Article IX, Chapter 2, Part 7, Division 3 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: 2 "9273.1.15. SAME. ACCESSORY BUILDINGS AND USES. Accessory buildings and uses customarily incident to any of the permitted uses in this zone." SECTION 9. Section 9273.1.16 of Article IX, Chapter 2, Part 7, Division 3 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9273.1.16. SAME. Construction offices, and equipment and materials storage, and vehicle parking for nearby construction projects." SECTION 10. Article IX, Chapter 2, Part 7, Division 3 of the Arcadia Municipal Code is hereby amended by adding Section 9273.1.19 to read in its entirety as follows: "9273.1.19. PORTIONS OF SANTA ANITA PROPERTY ZONED R-1. All uses permitted by this Division are permitted at the adjacent residentially-zoned properties, except as otherwise restricted by the provisions of this Division." SECTION 11. Article IX, Chapter 2, Part 7, Division 3 of the Arcadia Municipal Code is hereby amended by adding Section 9273.1.20 to read in its entirety as follows: "9273.1.20. SPECIAL USES — PERMIT REQUIRED. Any use not listed as a permitted use and not held in conjunction with live racing, or any use or event being held after 10:00 p.m., is required to apply for a Special Use Permit through the Development Services Director. Uses and events subject to this requirement include, but are not limited to the following: 1) Circuses, carnivals, and fixed-run traveling shows 2) Concerts and outdoor entertainment 3) Cultural Festivals 4) Farmers' Markets, antique shows, and craft fairs 5) Parades, cycling and running/walking events 6) Specialty auto, truck and recreational vehicle shows and sales 7) Planned helicopter landings" 3 SECTION 12. Article IX, Chapter 2, Part 7, Division 3 of the Arcadia Municipal Code is hereby amended by adding Section 9273.1.20.1 to read in its entirety as follows: "9273.1.20.1. CONDITIONS AND REFERRAL TO CITY COUNCIL. The Development Services Director may place conditions on any Special Use or event, or may refer any application for such use or event to the City Council for consideration. Any application for a use or event of five (5) or more days, or that is expected to attract more than 5,000 people is to be subject to City Council approval. Conditions of approval may include, but are not limited to the following: 1) Special setbacks and buffers; 2) Restrictions on outdoor lighting; 3) Restriction of points of vehicular and/or pedestrian ingress and egress; 4) Regulation of noise, vibration, odors, etc.; 5) Regulation of the number, height and size of structures, equipment and/or signs; 6) Limitation of the hours and/or days of the proposed use; 7) If special sales are proposed, limitations on the locations where sales may occur, the number of vendors, and the types of goods sold; and, 8) If food sales are located outside; requirement that all appropriate health department permits have been secured and are in good standing." SECTION 13. Article IX, Chapter 2, Part 7, Division 3 of the Arcadia Municipal Code is hereby amended by adding Section 9273.1.20.2 to read in its entirety as follows: "9273.1.20.2. SPECIAL USE PERMIT. A) An application for a Special Use Permit should be submitted in writing to the Development Services Director at least six (6) weeks prior to the date of the proposed use or event. If such application is to be considered by the City Council, the applicant shall also provide a mailing list and two (2) sets of mailing labels for all the owners of properties within a radius of one thousand (1,000) feet of the exterior boundaries of the property. 4 B) Not more than twenty-one (21) days after the application for a Special Use Permit is deemed complete, the Development Services Director or designee shall grant, deny, conditionally grant, or refer to the City Council the Special Use Permit application, based on the following criteria: 1) That the site is adequate in size and shape to accommodate the proposed Special Use or Event; 2) That the proposed Special Use or Event will not adversely interfere with existing uses on the subject property; and will not impede or adversely impact pedestrian access ways and/or vehicular circulation patterns; 3) That the proposed Special Use or Event will not result in a significant adverse impact on any adjacent property; and, 4) That by requiring certain safeguards as conditions of approval, the proposed Special Use or Event will not be detrimental to the public health, safety and welfare. C) If the Special Use Permit application is to be considered by the City Council, then not less than twenty-one (21) days before the date of such consideration, notice shall be given by mailing, postage prepaid to the owners of properties within a radius of one thousand (1,000) feet of the exterior boundaries of the property, and shall also be published in the official newspaper. D) The applicant or any interested person may appeal the decision by the Development Services Director or designee on an application for a Special Use Permit to the City Council. Said appeal shall be made in writing with the reasons for the appeal and submitted to the City Clerk within five (5) working days of the decision and shall be accompanied by an appeal fee in accordance with the applicable fee schedule adopted 5 by resolution of the City Council. Upon receipt of an appeal, the City Clerk shall fix a time and place for a hearing thereon to be held not less than ten (10) calendar days nor more than forty (40) calendar days thereafter, and notice shall be given by mailing, postage prepaid to the owners of properties within a radius of one thousand (1,000) feet of the exterior boundaries of the property, and shall also be published in the official newspaper." SECTION 14. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty-first (31st) day after its adoption. Passed, approved and adopted this 20th day of September , 2011. • yor ity of Arcadia ATTEST: Aid ity Clerk APPROVED AS TO FORM: ct-442".. C). n Stephen P. Deitsch City Attorney 6 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2288 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 20th day of September, 2011 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Members Amundson, Chandler, Harbicht, Segal and Kovacic NOES: None ABSENT: None y Clerk of the City of Arcadia 7