HomeMy WebLinkAbout2221
J ~, "" ""
-_~..L-__
"; . .
_) J. ~ ....... "
4l. -: ~ ~
,~_~\ I.':
ORDINANCE NO. 222 I
AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA,
AMENDING THE ARCADIA MUNICIPAL CODE TO REQUIRE
LARGE RETAIL DEVELOPMENTS TO PROVIDE 100% OF THE
TOTAL NUMBER OF OFF-STREET PARKING SPACES FREE OF
CHARGE WITHOUT TIME LIMITS OR V ALIDA TION, EXCEPT
FOR UP TO 10% OF THE TOTAL NUMBER OF OFF STREET
PARKING SPACES FOR WHICH FEES MAYBE CHARGED OR
VALIDATION ALLOWED FOR VALET PARKING
THE VOTERS OF THE <;:ITY OF ARCADIA, CALIFORNIA, ORDAIN
AS FOLLOWS:
SECTION 1.
PURPOSES AND INTENT.
The voters of the City of Arcadia, find that off-street self parking for large
retail developments in the City of Arcadia historically has been provided free of
charge.
The voters of the City of Arcadia, believe that providing free off-street self
parking for patrons, visitors, employees, and residents oflarge retail developments
protects the health and welfare of the citizens of the City of Arcadia because it
encourages them to use parking spaces provided at the retail developments, and
reduces harmful impacts on neighboring City and residential streets.
The voters of the City of Arcadia support a policy that requires large retail
developments to provide off-street self parking for their patrons, visitors,
employees, and residents free of charge for any length of time and without any
.,. J <It "l
,. , , " ... t ,. .
, , . L ~ ~ ~ ~
,. . ., "
1./ '':'- '""l
-..,----
.,
restriction or requirement to obtain parking validation of any kind from a retail
establishment in the development.
SECTION 2.
AMENDMENTS TO ORDINANCE.
A. Article XI, Chapter 2, Part 2, entitled "Definitions," of the Arcadia
Municipal Code is amended to add Section 9220.30.05 to read:
9220.30.05. LARGE RETAIL DEVELOPMENT.
For the purpose of imposing a prohibition on charging for parking as set forth in
Division 4 of Part 8 (Section 9284.6), a Large Retail Development shall mean any
development that includes a planned integrated commercial development (as used
in Municipal Code Section 9220.50.1) comprising more than two hundred
thousand (200,000) square feet of Gross Leasable Area to be used for retail
restaurant, entertainment, and movie theater purposes.
B. Article IX, Chapter 2, Part 8, Division 4, entitled "Parking and
Loading Areas," of the Arcadia Municipal Code is amended to add new Sections
9284.6, 9284.6.1 and 9284.6.2 to read:
9284.6.
FREE OFF-STREET SELF PARKING FOR RETAIL
DEVELOPMENTS.
Off-street parking spaces, except as provided in Municipal Code Section
9284.6.1 provided for all Large Retail Developments in the City, regardless of the
zoning of the Large Retail Development property, shall be provided free of charge
2
2221
... II .. '" - , J J ~ . "..
* '. lo... .. . '" <II , ~ ,.. '" T._ 1< J>.
to all patrons, visitors, employees, and residents without time limits, and they shall
not be required to obtain parking validation from a commercial establishment
within the Large Retail Development in order to enjoy free self parking at the
Large Retail Development property.
9284.6.1.
VALET PARKING.
Valet Parking is a service provided by a Large Retail Development where
customers arriving at the Large Retail Development can drop off their cars to be
parked and have their cars returned to them upon departure, for a fee or validation.
A Large Retail Development may require Valet Parking validation from a
commercial establishment or charge a fee for Valet Parking, as long as the Valet
Parking service uses no more than 10% of the total number of off street parking
spaces of the Large Retail Development required under the Municipal Code,
Article IX, Chapter 2, Part 6, Division 9.
9284.6.2.
PENDING MATTERS.
Upon the effective date of this Ordinance, the City and its departments,
boards, commissions, officers and employees, shall not grant, or by inaction allow
to be approved by operation oflaw, any general plan amendment, zone change,
specific plan, tentative or final subdivision map, conditional use permit, building
permit, certificate of occupancy, business license or any other ministerial or
3
2221
< ..
, ,,. ~ . ,.,..
... " ...... .. -t .... ". .. ;..
;. ;.
discretionary pem1it or approval which is inconsistent with Section 9284.6 and
9284.6.1.
SECTION 3.
IMPLEMENTATION OF THIS ORIDINANCE.
Effective Date:
A. This Ordinance shall be effective on the day that the vote is declared
by the City Council, and shall go into effective 10 days after that date, pursuant to
Elections Code Section 9217.
B. Upon the effective date of this Ordinance, the City and its
departments, boards, commissions, officers and employees, shall not grant, or by
inaction allow to be approved by operation oflaw, any general plan amendment,
zone change, specific plan, tentative or final subdivision map, conditional use
permit, building permit, certificate of occupancy, business license or any other
ministerial or discretionary permit or approval which is inconsistent with this
Ordinance.
SECTION 4.
SEVERABILITY.
If any provision of this Ordinance or the application thereof to any person or
circumstances is held invalid or unconstitutional by any court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect any other
provision or application, and to this end the provisions of this Ordinance are
declared to be severable. The City Council and the electorate by referendum, do
4
2221
~ ...... .. . ... . . ,.. ...
po. ~ ...... " "l" "l_ ~ "".. ..# ,. l ,. ,..
hereby declare that they would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that
anyone or more sections, subsections, clauses, phrases, parts or portions thereof,
be declared invalid or unconstitutional.
SECTION 5.
This Ordinance shall not be amended nor repealed except
by a subsequent vote of the voters of the City of Arcadia.
SECTION 6.
The Mayor shall certify to the passage and adoption of
this Ordinance by the electorate voting thereon on the 7ili day of November, 2006.
I hereby certify that the foregoing Ordinance was passed, approved and
adopted by t~e People of the City of Arcadia on the 7th day of November, 2006.
Dated: January /0
,2007
M or of the City of Arcadia
ATTEST:
/~ ~ .;J;<, S--
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
c
~P.~
Stephen P. Deitsch
City Attorney
5
2221