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HomeMy WebLinkAbout2168 ORDINANCE NO. 2168 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING THE ARCADIA MUNICIPAL CODE PERTAINING TO SENIOR RESIDENTIAL COMMUNITY, ASSISTED LIVING AND DEMENTIA CARE WHEREAS, this text amendment T.A. 2002-002 was initiated by Huntington Rose Development Partners to add new definitions to the Arcadia Municipal Code relating to senior residential community; assisted living and dementia care to Division 9, Chapter 2, Part 2 "Definitions"; and to add said uses to the list of permitted uses subject to the conditional use permit process; and WHEREAS, on September 10, 2002 a public hearing was held before the Planning Commission on said matter at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission at said meeting voted 5-0 to recommend to the City Council approval of T.A. 2002-002 noting that this text change was long overdue; and WHEREAS, on October 15, 2002, the City Council held a public hearing on said text amendment; and WHEREAS, as part of the record of this hearing, the City Council reviewed and considered: 1. All staff reports and related attachments and exhibits submitted by the Community Development Division of the Development Services Department to the City Council; 2. The record of the Planning Commission hearing regarding text amendment T.A. 2002-002; and 3. All letters, information and material presented as part of the public testimony at the City Council public hearing on October 15, 2002, including the staff reports and all documentation presented at the public hearing; and WHEREAS, the above recitals are hereby incorporated as part of the findings set forth below. '. 2168 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. That the factual data submitted by the Development Services Department in the attached report is true and correct. Section 2. The City Council finds: 1. That the approval of this text amendment will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the granting of this text amendment will not have the potential for causing a significant effect on the environment and is, therefore, categorically exempt from CEQA per Sections 15061 (b)(3) and 15378(b)(2). 3. That approval of this text amendment will provide more accurate descriptions of the types of facilities and uses being proposed in the market place today and identify areas where they may be appropriate subject to the conditional use permit or specific plan process. Section 3. That Section 9220.53.2 of the Arcadia Municipal Code be renumbered Section 9220.53.3 and that new Sections 9220.53.2, 9220.5.1 and 9220.18.3 be added to the Arcadia Municipal Code to read: 9220.53.2. "Senior Residential Community". Senior Residential Community is a congregation of age restricted "apartment-type" living units with kitchen facilities in each unit of which there is at least one occupant who is a minimum age of 55 and in which as part of the group of units there are appurtenant common facilities, such as: facilities for preparation and serving of food and alcoholic beverages to its residents and guests, activity areas, fitness and exercise facilities and/or other common amenities and services. 9220.5.1. "Assisted Living, Congregate Care Facility". Assisted living or congregate care facility is a congregation of age restricted units, in each unit of which there is at least one occupant who is a minimum age of 55 and where there is the provision of food service and care to a senior resident population. This care provides assistance with activities of daily living such as housekeeping, bathing, dressing, grooming and/or medication monitoring. Assisted living or congregate care units mayor may not include facilities for the heating or cooking of food. -2- 2168 9220.18.3. "Dementia/Alzheimer Care Facility". Dementia/Alzheimer care facility is a congregation of units for which there is the provision of food service and specialized care to a resident population. This care provides specialized assistance to residents with cognitive impairment with respect to activities of daily living such as housekeeping, bathing, dressing, grooming and/or medication monitoring. Section 4. That Section 9275.1.54.1 of the Arcadia Municipal Code be renumbered Section 9275.1.54.2, and the new Sections 9275.1.37.2 and 9275.1.54.1 be added to the Arcadia Municipal Code to read: 9275.1.37.2. ASSISTED LIVING, CONGREGATE CARE FACILITY AND ALZHEIMER/DEMENTIA CARE FACILITY. R-3 and C-O zones. 9275.1.54.1. SENIOR RESIDENTIAL COMMUNITY, WHICH MAY OR MAY NOT INCLUDE SOME, BUT NOT ALL, UNITS WHICH PROVIDE ASSISTED LIVING AND ALZHEIMERIDEMENTIA CARE. In zones R-3, CPD-1, C-O, C-1 and C-2. 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 5th day of November ,2002. ATTEST: ;, CitytClerk of the City of APPROVED AS TO FORM: I ~{J.'~f, Stephen P. Deitsch, City Attorney -3- 2168 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) 1, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2168 was passed and adopted by the City Council ofthe City of Arcadia, signed by the Mayor ProTem and attested to by the City Clerk at a regular meeting of said Council held on the 5th day of November, 2002 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmembers Chang, Kovacic, Segal, and Wuo NOES: None ABSENT: Mayor Marshall 4 2168