HomeMy WebLinkAbout2287 ORDINANCE NO. 2287
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AMENDING ARTICLE VI
(BUSINESS, PROFESSIONS, TRADES AND OCCUPATIONS)
AND ARTICLE IX (DIVISION AND USE OF LAND) OF THE
ARCADIA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Article VI, Chapter 4, Part 1, Division 5 of the Arcadia Municipal
Code (Promotional Entertainment — Events Parking Lots) is hereby deleted in its
entirety.
SECTION 2. Article VI, Chapter 4, Part 3, Division 6 of the Arcadia Municipal
Code (Christmas Tree Sales and Pumpkin Sales) is hereby deleted in its entirety.
SECTION 3. Section 9281.4 of Article IX, Chapter 2, Part 8, Division 1 of the
Arcadia Municipal Code is hereby deleted in its entirety.
SECTION 4. Division 9 of Article VI, Chapter 4, Part 3 of the Arcadia Municipal
Code is hereby amended to read in its entirety as follows:
"DIVISION 9.
SIDEWALK AND PARKING LOT SALES."
SECTION 5. Section 6439.2 of Article VI, Chapter 4, Part 3, Division 9 of the
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"6439.2. CONDITIONS OF SIDEWALK AND PARKING LOT SALES.
No merchant, vendor or seller shall place his goods, wares or merchandise
outside of his building for the purpose of storage, advertising, display or sale except
upon applying for and receiving a permit as set forth in Sections 6325.4 and 6325.6,
1
and such sidewalk or parking lot sales shall be permitted only in accordance with the
regulations set forth in this Section:
(1) No business shall participate in more than two (2) sidewalk or parking lot sales
in any calendar year. No such sale may be conducted for more than two (2)
consecutive days and shall be held not earlier than 9:00 a.m. nor later than
9:00 p.m.
(2) Sidewalk and parking lot sales may only be conducted in Downtown Mixed
Use (DMU) or less restrictive zones.
(3) Only the goods, wares or merchandise normally of the type sold on the
premises may be offered for sale and such sale may only be conducted within
the extended lot lines of the premises offering such goods for sale.
(4) For parking lot sales, twenty-five (25%) of the parking area may be utilized for
the sales or display of merchandise. If the parking provided exceeds Code
requirements, those additional spaces may be utilized.
(5) Each sidewalk sale shall include the participation of a minimum of thirty
percent (30%) of the businesses on a block face.
(6) No merchandise or signs shall be displayed within fifty feet (50') of a
residentially zoned property.
(7) Tables, racks and other displays or merchandise may be placed on sidewalks
provided that a walkway of a minimum width of seven feet (7') be left clear
adjacent to the curb and, provided further, that all doorways, alleyways,
driveways and other means of ingress or egress to adjoining buildings and
property shall remain clear of obstruction.
(8) Any signs shall be permitted only during the conduct of the event and shall be
approved as to size and place by the Development Services Director or
designee at the time of application approval."
SECTION 6. Division 5 of Article IX, Chapter 2, Part 8 of the Arcadia Municipal
Code is hereby deleted in its entirety and a new Division 5 is substituted therefore to
read in its entirety as follows:
"9285.1. PURPOSE. It is the purpose of this Chapter to:
A. Recognize that a residential property owner or resident has a limited right
to conduct a small business from a residence (single-family, multi-family, any mixed use
2
2287
development, or accessory dwelling), and that a neighbor, under normal circumstances,
would not be aware of its existence; and
B. Maintain the residential character of residential neighborhoods; and
C. Prevent the use of home occupations from transforming a residential
neighborhood into a commercial area.
9285.2. HOME OCCUPATIONS PROHIBITED WITHOUT PERMIT.
No person shall engage in business or transact and carry on any business, trade,
profession, calling or occupation on any property zoned for residential purposes without
an approved and unrevoked or unsuspended home occupation permit. No permit shall
be issued for a property on which there exists a violation of the law.
9285.3. PERMIT REQUIRED.
The establishment of a home occupation within a residence (single-family, multi-
family, mixed use, or accessory dwelling) shall be regulated by a one-time application
and fee, established by resolution of the City Council for a home occupation permit.
9285.4. PERMITTED HOME OCCUPATION USES
A. Home occupations are uses that generally do not interrupt or interfere with the
general nature or residential character of the residential neighborhood. The uses that
meet the performance standards in Section 9285.5 are permitted home occupations.
B. Any storage of flammable or hazardous materials for a home occupation is
subject to review and approval of the Arcadia Fire Department.
9285.5. PERFORMANCE STANDARDS
The following performance standards shall apply to all business uses of a residence and
to all home occupations, and shall be complied with at all times:
3
2287
A. All business licenses shall be renewed by the license on annual basis.
B. Home occupation uses shall be incidental to the primary use of the structure
as a residential use and shall not detract from the residential character of the
neighborhood. No more than four hundred (400) square feet of the floor area of the
dwelling unit may be used in connection with a home occupation, including any storage
in connection with a home occupation.
C. Only individuals permanently residing on the premises shall be employed
in the home occupation.
D. There shall be no exterior indication of the home occupation or variation
from the residential character of any buildings.
E. There shall be no exterior operations, storage, or display of materials in
conjunction with a home occupation.
F. There shall be no signs, banners, or flags displayed in conjunction with a
home occupation.
G. No home occupation activity shall produce any noxious matter, vibrations,
glare, dust, electrical interference, or perceptible noise beyond the lot lines of the
subject property.
H. The Development Services Director or designee shall have the right at any
time during normal City Hall business hours to enter and inspect the premises.
9285.6. PROCEDURE FOR OBTAINING PERMIT.
A. An application for a home occupation permit shall be submitted to the
Development Services Department on the appropriate application form.
4
2287
B. The Development Services Director or designee shall review the
application to determine if the use and home occupation are authorized in the zone in
which they are proposed, and if the proposed use and home occupation meet the
requirements of this Division.
C. If the application is for an authorized home occupation and use, and
meets the requirements of this Division, the Development Services Director or designee
shall approve the application and a home occupation permit will be issued.
D. If the use or home occupation is not authorized, or the application and/or
proposed use does not meet the requirements of this Division, the Development
Services Director or designee shall deny the application. The decision of the
Development Services Director or designee may be appealed to the Planning
Commission in accordance with Section 9285.7.
E. Unless suspended or revoked by the City, approval of the home
occupation permit is for the lifetime of the home occupation. Renewal of a business
license as required by the City shall be the only necessary renewal action of the permit-
holder to continue the home occupation.
9285.7. APPEALS
Appeals by an applicant must be filed in writing and delivered to Planning
Services within five (5) working days of the decision. Before accepting an appeal, the
City shall charge and collect a fee which shall be paid in an amount established by
resolution of the City Council.
Upon receipt in proper form of an appeal of the Director's or designee's decision,
the Secretary of the Planning Commission shall fix a time and place for a pubk, nearing
5
2287
thereon to be held not less than ten (10) calendar days nor more than forty (40)
calendar days thereafter.
Appeals from the Planning Commission decision shall be made to the City
Council. The decision of the City Council shall be final. Said appeal shall be made in
writing and delivered to the City Clerk within five (5) working days after the Planning
Commission's decision. The decision of the Planning Commission may be appealed to
the City Council, in accordance with Arcadia Municipal Code Section 9522.
9285.8. SUSPENSION/REVOCATION OF PERMIT.
A. Upon a showing of probable cause by the City Code Services staff of a
violation of this Chapter or any conditions of approval by a home occupation permit-
holder, the Development Services Director or designee may suspend or revoke the
home occupation permit pending a hearing before the Planning Commission. The
Director or designee shall cause notice of the suspension or revocation order to be
served on the permit-holder by regular first-class U.S. mail.
B. Whenever the Director or designee has suspended or revoked a home
occupation permit, the Director or designee shall cause a noticed hearing to be held by
the Planning Commission within forty-five (45) days of the notice to consider the
suspension or revocation of the home occupation permit.
C. At the conclusion of the hearing, the Planning Commission may sustain the
Director's or designee's decision to suspend or revoke the home occupation permit, or
overturn the decision and order reinstatement of the permit. Before accepting an
appeal, the City shall charge and collect a fee which shall be paid in an amount
established by resolution of the City Council. The decision of the Planning Commission
6
2287
may be appealed to the City Council in accordance with Arcadia Municipal Code
Section 9522.
9285.9. PENALTIES
It is unlawful and an infraction for any person, firm, or corporation to violate,
disobey, omit, neglect, refuse to comply with, or resist the enforcement of any provision
of this Chapter. Any such violation is a misdemeanor or infraction punishable pursuant
to Sections 1200 and 1201 of the Arcadia Municipal Code."
SECTION 7. The title of Article IX, Chapter 2, Part 9 of the Arcadia Municipal
Code is hereby amended to read in its entirety as follows:
"PART 9.
VARIANCES, MODIFICATIONS, AMENDMENTS, ZONE
CHANGES, ANNEXATIONS, ARCHITECTURAL DESIGN
REVIEW AND SPECIAL USE PERMIT"
SECTION 8. A new Division 8 is hereby added to Article IX, Chapter 2 of the
Arcadia Municipal Code to read in its entirety as follows:
"DIVISION 8.
SPECIAL USE PERMIT
9298. PURPOSE
This Division establishes procedures for issuing a Special Use Permit to allow
short-term activities that may not meet the development or use standards of the
applicable zoning district, but may be acceptable because of their temporary nature.
9298.1. APPLICABILITY
Special events shall not be established, operated, or conducted in any manner
without issuance and maintenance of a valid Special Use Permit in compliance with this
7
2287
Division. Uses that do not fall within the categories defined below shall comply with the
use and development regulations of the applicable zoning district.
9298.2. USES AND EVENTS PERMITTED WITH A SPECIAL USE PERMIT.
EVENT PERMIT PERMIT
FREQUENCY DURATION
Special Events — Temporary uses of land
involving temporary structures such as
barricades, fences, booths, tents or the Maximum 4 times Maximum 12
parking of trailers, for such activities as per days for such
carnivals, circuses, fairs, festivals, non-profit calendar year, at use in any one
fund raising, concerts, farmers' markets, food any one site. calendar year.
events, outdoor entertainment, or arts and
crafts exhibits.
Christmas Tree and Halloween Pumpkin Maximum 2 times Maximum 30
Sales - Temporary outdoor sales of per days for such
Christmas trees and pumpkins may only be calendar year. use, except 45
located on non-residentially zoned property. days for sites
where both
Christmas trees
and Halloween
pumpkin sales
are to be held.
EXCEPTION: The Development Services Director may deem other events or uses as
appropriate temporary uses subject to a Special Use Permit.
9298.3. REGULATIONS FOR CHRISTMAS TREE AND PUMPKIN SALES
1. A power pole shall be installed on each vacant lot where Christmas trees or
pumpkins are sold.
a. All lighting equipment and the power pole for Christmas tree sales locations
shall be removed on or before December 31 of the year in which it was
installed.
b. All lighting equipment and the power pole for pumpkin sales locations shall be
removed on or before November 6 of the year in which it was installed.
8
2287
2. All overhead lighting shall be placed on poles installed at least thirty (30) inches
into the ground. Prior to installation an electrical permit shall be obtained from the City
for all power poles and lighting equipment and the type and installation of all lighting
equipment shall be approved by the Building Official. The power source for all lighting
on property already served by electricity shall be approved by the Building Official.
3. Unless permanent toilet facilities for each sex are available for public use on the
lot, two (2) chemical toilets shall be maintained thereon for public use at all times during
which the Christmas trees or pumpkins are being offered for sale, one to be marked
"Men" and one to be marked "Women".
4. No open fires shall be allowed on any lot and compliance with all local fire
regulations shall be required.
5. The Fire Chief or his designee shall approve the size, location and placement of
all tents and canopies used for storage and sales of Christmas trees.
6. All installations for the spraying of Christmas trees and the method of spraying
shall be approved by the Fire Department.
7. All debris, rubbish, trash, etc. from such Christmas tree sales locations that
constitute a fire hazard or nuisance shall be removed by December 31 of the year in
which the license was issued.
8. All debris, rubbish, trash, etc. from such pumpkin sales locations that constitute a
fire hazard or nuisance shall be removed by November 6 of the year in which the
license was issued.
9. A cash bond of one hundred and no/100 dollars ($100.00) shall be filed with
Building Services at the time of issuance of the certificate of occupancy to insure
9
2287
compliance with the foregoing conditions. Refund of the cash bond shall be made only if
all requirements have been met to the satisfaction of the Building Official. The cash
bond specified may be waived by the Building Official if in his opinion such bond will not
be necessary to insure compliance with the provisions of this Division because of
special circumstances applicable to the applicant and its proposed location of sales.
10. A separate license and a separate certificate of occupancy shall be required for
each location.
11. Outdoor Storage for Christmas trees - Pre-existing retail businesses engaging in
Christmas tree sales on their property may store such trees outside of their building
between December 1 and December 25 of each year. Such trees may only be stored
on:
a) Private pedestrian walkways adjacent to such business in such a manner as
to provide reasonable pedestrian passageway along the length of such
walkway; or
b) The parking lot area of such business, provided that not more than ten
percent (10%) of the total required parking spaces shall be used and that
there shall be no interference with the normal flow of traffic in the parking lot.
12. Outdoor Storage for Pumpkin sales - Pre-existing retail businesses engaged in
pumpkin sales on their property may store such pumpkins outside of their building
between October 5 and October 31 of each year. Such pumpkins may only be stored
on:
a) Private pedestrian walkways adjacent to such business in such a manner as to
provide reasonable pedestrian passageway along the length of such walkway;
10
2287
or
b) The parking lot area of such business, provided that not more than ten percent
(10%) of the total required parking spaces shall be used and that there shall
be no interference with the normal flow of traffic in the parking lot.
9298.4. CRITERIA FOR A SPECIAL EVENT.
The Development Services Director or designee shall approve the special use
permit, based on the following criteria:
1. The site for the intended use is adequate in size and shape to accommodate said
use or event.
2. The location for the proposed use or event would not adversely interfere with
existing uses on the subject property; and would not impede or adversely impact
pedestrian access ways and/or vehicular circulation patterns.
3. The proposed use would not result in a significant adverse impact on adjacent
property.
4. That by requiring certain safeguards as conditions of approval, the proposed use
would not be detrimental to the public health, safety and welfare.
9298.5. DISTANCE TO RESIDENTIAL PROPERTY. PERMIT REQUIREMENTS
No equipment or apparatus related thereto shall be placed or maintained within one
hundred feet (100') of any residential uses.
9298.6. SIGNS
A. Temporary window signs. Any additional window signs shall be permitted only
during the event and shall be approved as to size and placement at the time of
application approval.
11
2287
B. The location of all signs shall comply with the driveway visibility standards.
C. Small directional signs may be permitted.
D. No signs shall be installed prior to issuance of a Special Use Permit.
E. All signs are subject to the approval of the Development Services Director or
designee.
9298.7. APPLICATION
Application for a Special Use Permit should be submitted at least four (4) weeks
prior to the date(s) proposed for such use or event on forms provided by the City and
shall include such plans as may reasonably be required by the Development Services
Director or designee for a complete understanding of the proposal, and a filing fee shall
be paid as established by resolution of the City Council.
9298.8. ACTION
A. Within twenty-one days after the Development Services Director deems
completion of the application for a Special Use Permit, the Development Services
Director or designee shall grant, deny, or conditionally grant the Special Use Permit,
based on the criteria in Section 9298.4.
B. In granting a Special Use Permit, the Development Services Director or
designee may impose conditions on the permit which are reasonable to ensure that the
proposed Special Use will comply with the applicable review criteria of this Title and any
other applicable provisions of this Chapter. Noncompliance with any condition of a
Special Use Permit shall constitute a violation of the municipal code. Such conditions
may include, but are not limited to:
1. Setbacks and buffers;
2. Regulation of outdoor lighting;
3. Regulation of points of vehicular ingress and egress;
12
2287
4. Regulation of noise, vibration, odors, etc.;
5. Regulation of the number, height and size of temporary structures,
equipment and/or signs;
6. Limitation on the hours and/or days of the proposed use;
7. If special sales are proposed, limitations on the location where sales may
occur, the number of vendors, and the scope of goods to be sold; and,
8. If food sales are involved, obtainment of all appropriate health department
permits.
C. Upon approval by the Development Service Director or designee of a Special
Use Permit, notice of the decision shall be given to the applicant and any interested
person.
9298.9. APPEALS
The applicant may appeal the Director's decision on an application for a Special
Use Permit to the Planning Commission. Appeals of the Planning Commission's
decision shall be made to the City Council. Said appeals shall be made in writing with
the reason(s) for the appeal to the Development Services Department within five (5)
working days of the decision and shall be accompanied by an appeal fee in accordance
with the applicable fee schedule adopted by resolution of the City Council.
Upon receipt of an appeal, the Secretary of the Planning Commission shall fix a
time and place for a hearing thereon to be held not less than ten (10) calendar days nor
more than thirty (30) calendar days thereafter."
SECTION 9. Section 9269.5 of Article IX, Chapter 2, Part 6, Division 9 of the
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"9269.5. OFF-STREET PARKING. No less than the following number of off-
street parking spaces shall be provided and maintained for each of the following uses,
except for those temporary reductions permitted by the Business License office for
parking lot sales and for promotional entertainment events. When the number of
13
2287
required parking spaces results in a fraction of one-half or higher, the requirements shall
be rounded up to the next whole number.
Use Parking Spaces Required
Architects/Engineers 4 spaces per 1,000 sq. ft. of gross floor
area
Bars and Cocktail Lounges 15 spaces per 1,000 sq. ft. of gross floor
area
Day Care and/or preschool facilities 1 space per staff+ 1 per 5 children or 1
per 10 children if adequate drop off area
provided
Downtown Mixed Use
- Mixed-Use Residential 1.5 spaces per unit and 1 guest space
for every 2 units.
- Combined Uses Commercial uses are based upon this
table. A 25% reduction will be applied to
the project for all commercial uses due
to the proximity to the light rail station.
Emergency Shelters 2 spaces per 1,000 square feet of gross
floor area.
Financial Institutions including but not 4 spaces per 1,000 sq. ft. of gross floor
limited to banks, savings and loans, area
and credit unions
Health Clubs, Fitness Centers, Indoor
Athletic Facilities and Exercise, 1 space per 100 sq. ft. of gross floor area
Dance/Gymnasium Studios up to in all workout areas
Health Clubs, 3,000 sq. ft. of gross
floor area:
Health Clubs, Fitness Centers, Indoor Required parking spaces to be
Athletic Facilities and Exercise, determined through an approved
Dance/Gymnasium Studios Greater Conditional Use Permit.
than 3,000 square feet of gross floor
area:
Hotels/Motels 1 space per room plus the number of
spaces required for ancillary uses such
as restaurants, large meeting rooms,
etc.
14
2287
Industrial, Manufacturing 3 spaces per 1,000 sq. ft. of gross floor
area for projects up to 10,000 sq. ft. in
area.
2 spaces per 1,000 sq. ft. of gross floor
area for projects over 10,000 sq. ft. in
area.
Martial Arts Studios 1 space per 100 sq. ft. of instructional
floor area
Mixed Use
- Mixed-Use Residential 1.5 spaces per unit and 1 guest space
for every 2 units.
- Combined Uses Commercial uses are based upon this
table. A 25% reduction will be applied to
the project for all commercial uses if the
parking area is located within 1,320 feet
(1/4 mile) of a light rail station.
Offices, General 4 spaces per 1,000 sq. ft. of gross floor
area
Offices, Medical/Dental 6 spaces per 1,000 sq. ft. of gross floor
area
Offices, Medical/Dental (more than 5 spaces per 1,000 sq. ft. of gross floor
10,000 square feet of gross floor area). area
Optometrists and Opticians 5 spaces per 1,000 sq. ft. of gross floor
area
Public/Private Assembly buildings, 1 space per 5 permanent fixed seats; 1
churches, recreation community space per 35 sq. ft. of area w/non-fixed
buildings, private clubs seating; 1 space per 28 linear feet of
bench area
Psychologists, Psychiatrist and 4 spaces per 1,000 sq. ft. of gross floor
Counseling offices area
Residential (Multiple-Family) 2 spaces per unit and 1 guest space per
R-2, R-3 and R-3-R every 2 units.
Restaurant of not more than 1,500 5 spaces per 1,000 square feet of gross
square feet of gross floor area and/or floor area
with up to 12 seats).
15
2287
Restaurant more than 1,500 square 10 spaces per 1,000 sq. ft. of gross floor
feet and/or with more than 12 seats. area
Regional Shopping Centers 4.75 per 1,000 sq. ft. of gross leasable
area
Senior Citizen affordable apartment 1 space per unit
housing
Senior Citizen assisted living facility 1.5 spaces per unit
Senior Citizen Market rate housing 2 spaces per unit
units
Movie theater, performing arts center 1 space per 3 fixed seats
Tutorial schools; learning centers; Facilities for students under high school
Trade schools, Private schools age: 1 space per employee plus 1 space
for every 5 students.
Trade Schools/Private schools, Learning
centers for students of high school age
or older: 1 space per employee plus 1
space for every 3 students.
Warehouses 2 spaces per 1,000 sq. ft. of gross floor
area
Other Permitted Uses, including but 5 spaces per 1,000 sq. ft. of gross floor
not limited to retail, service uses, nail area
and beauty salons, spas, adult
entertainment
NOTES:
1. A 25% reduction will be applied to the off-street parking requirement for any
commercial use that is located within 1,320 feet (1/4 mile) of a light rail station.
2. Land uses not specifically listed in the above chart shall provide parking as
noted in "Other Permitted Uses" unless otherwise set forth in other sections
of the Arcadia Municipal Code.
3. For buildings which exceed three (3) stories in height, the required parking
shall be in accordance with AMC Section 9276.2.11.
4. Eligible projects within the CBD Zone may choose to provide required parking
by using the Alternative Shared-Use Parking Standards (Table 9264.2.4)
otherwise they are to provide parking for the project's exclusive use under the
standards established in this Division."
16
2287
SECTION 10. Section 9220.7.1 is hereby added to Article IX, Chapter 2, Part 2
of the Arcadia Municipal Code to read in its entirety as follows:
"9220.7.1. BARS AND COCKTAIL LOUNGES.
A bar or cocktail lounge is an establishment which serves alcoholic beverages for
on-site consumption as the primary use, including bars, cocktail lounges, pubs, taverns,
and similar establishments where any food service is subordinate to the sale of
alcoholic beverages, and which may offer entertainment such as music and dancing as
a secondary activity, subject to a CUP, and which may also include beer brewing as
part of a microbrewery, and other beverage tasting facilities."
SECTION 11. Section 9220.23.1 of Article IX, Chapter 2, Part 2 of the Arcadia
Municipal Code is hereby deleted in its entirety.
SECTION 12. Section 9220.51.1 of Article IX, Chapter 2, Part 2 of the Arcadia
Municipal Code is hereby amended to read in its entirety as follows:
"9220.51.1. RESTAURANTS
A restaurant is an eating establishment where food and drink are prepared on the
premises and customarily ordered by patrons, regardless of the manner in which the
food and drink are served or whether the food and drink are consumed on or off the
premises, and which may provide indoor and/or outdoor seating. This includes take-out
and fast-food services, and incidental delivery service. A restaurant that has a bar area
exceeding 30 percent of the serving area shall be classified as a bar or cocktail lounge."
SECTION 13. Section 9274.1.11 is hereby added to Article IX, Chapter 2,
Part 7, Division 4, Title 1 of the Arcadia Municipal Code to read in its entirety as follows:
17
2287
"9274.1.11. SAME.
Churches by a Conditional Use Permit."
SECTION 14. Section 9275.1.43 of Article IX, Chapter 2, Part 7, Division 5 of
the Arcadia Municipal Code is hereby amended in its entirety to read as follows:
"9275.1.43. CHURCHES.
R-0, R-1, R-2, R-3, C-O, and S-2 Zones."
SECTION 15. Section 9275.1.45 of Article IX, Chapter 2, Part 7, Division 5 of
the Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"9275.1.45. DRIVE-IN BUSINESSES, INCLUDING BUT NOT LIMITED TO
RESTAURANTS, BANKS, LIQUOR STORES, CLOTHING AND CLEANING
ESTABLISHMENTS AND DAIRY PRODUCT STORES.
C-2 or any less restrictive commercial or industrial zone."
SECTION 16. Section 9275.1.45.1 of Article IX, Chapter 2, Part 7, Division 5
of the Arcadia Municipal Code is hereby deleted in its entirety.
SECTION 17. Section 9275.1.45.3 is hereby added to Article IX, Chapter 2,
Part 7, Division 5 of the Arcadia Municipal Code to read in its entirety as follows:
"9275.1.45.3. ENTERTAINMENT
A restaurant, bar/cocktail lounge, or club that provides live entertainment such as
dancing, music, or similar activities to patrons in any zone shall be subject to a
Conditional Use Permit."
SECTION 18. Section 9275.1.53.5 of Article IX, Chapter 2, Part 7, Division 5
of the Arcadia Municipal Code is hereby amended to read in its entirety as follows:
18
2287
"9275.1.53.5. RESTAURANTS.
A restaurant that exceeds 1,500 square feet of gross floor area, and/or provides
more than 12 seats, and with alcoholic beverage sales in any zone shall be subject to a
Conditional Use Permit.
EXCEPTION: A restaurant that exceeds 1,500 square feet of gross floor area
with no sales of alcoholic beverage is allowed by right in the DMU and MU zones."
SECTION 19. The City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of same to be published at least once 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 18th day of October , 2011.
ayo?%f Ci y .f Arcadia
ATTEST:
ity Clerk
APPROVED AS TO FORM:
“14,2„,„ P.
Stephen P. Deitsch
City Attorney
19
2287
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. 2287 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 18th day of October, 2011 and that said Ordinance was adopted by the
following vote, to wit:
AYES: Council Members Amundson, Chandler, Segal and Kovacic
NOES: None
ABSENT: Council Member Harbicht
(;,,Z Clerk of the City of Arcadia
20
2287