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HomeMy WebLinkAbout6545 - . . RESOLUTION NO. 6545 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MAY 8, 2007, FOR THE SUBMISSION TO THE VOTERS OF A PROPOSED ORDINANCE RELATING TO PERMITTED AND PROHIBITED USES IN THE CENTRAL BUSINESS DISTRICT ZONE WHEREAS, pursuant to authority provided by statute, petitions have been filed with the legislative body of the City of Arcadia, signed by at least fifteen (15%) percent of the number of registered voters of the City, to submit a proposed ordinance amending the General Plan and Zoning Regulations Relating to Pennitted and Prohibited Uses within the Central Business District Zone; and WHEREAS, the City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and WHEREAS, the City Council has not voted in favor of the adoption of the foregoing ordinance; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY, FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1 . .. - , SECTION 1. Pursuant to the requirements of the Arcadia City Charter, there is called and ordered to be held in the City of Arcadia, California, on Tuesday, May 8, 2007, a Special Municipal Election for the purpose of submitting the following proposed ordinance: YES Shall the ordinance amending the General Plan and Zoning Code relating to permitted and prohibited uses NO within the Central Business District Zone be adopted? SECTION 2. The text of the ordinance submitted to the voters IS attached hereto as Exhibit "A". SECTION 3. Approval of this ordinance shall require a majority vote of the total number of valid ballots cast and counted. SECTION 4. The ballots to be used at the election shall be in form and content as required by law. SECTION 5. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduet the election. 2 6545 SECTION 6. The polls shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed. SECTION 7. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. Passed, approved, and adopted this 21st day of November, 2006. Ma r of the City of Arcadia ATTEST: ~r~ City Clerk ' APPROVED AS TO FORM: ~D.~ City Attorney 3 6545 , . 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 Resolution No. 6545 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 21st day of November, 2006 and that said Resolution was adopted by the following vote, to wit: A YES: Council Member Amundson, Harbicht, Segal, Wuo and Chandler NOES: None ABSENT: None ity Clerk of the City of Arcadia 4 6545 - , - . , , '- EXHIBIT "Art The ARCADIA GENERAL PLAN is amended by adding the following text at the following places: "The zoning code made be amended to restrict automobile sales from occurring in certain areas and to encourage-the preservation of existing local businesses in such areas," The above text will be added on page 2,12 within the box entitled Commercial Land Uses, The above text will be added on page 6-3 to the text next to the heading Commercial (e), SECTION 9264.2.11 is added to the ARCADIA MUNICIPAL CODE to read as follows: 9264.2.11 PRESERVING LOCAL BUSINESSES A. TITLE. This section is entitled the PRESERVING LOCAL BUSINESSES ORDINANCE. B. FINDINGS. The People of the City of Arcadia find and determine as follows: 1. The City Council and/or the Arcadia Redevelopment Agency often take actions which discourage or injure the preservation of existing local businesses at their present sites in an attempt to assist or subsidize other businesses. 2, The preservation of local businesses at their existing sites is a goal favored by the People of the City of Arcadia. 3, The city block in the Central Business District Zone bounded by Santa Anita, Morlan Place. and Huntington Drive contains several existing businesses which have been threatened with removal by the City Council andlor Arcadia Redevelopment Agency, 4, This ordinance is intended to encourage the preservation of local businesses at their present sites and to discourage the use of governmental powers to displace or eliminate such local businesses, 6545 II~ 111-\ 11y,.c IVIt:."I-\.;:)IJr\O l U 01:. .;:)U~llIlI ,..____ ...... ..__ .._' 1_ .. -- ~ _ . ................ C. ADDITIONAL PERMITTED USES. In addition to the permitted uses set forth in Sections 9264,2.2 to 9264,2.6, the following uses shall be permitted on the city block bounded by Santa Anita, Morlan Place, and Huntington Drive as those streets existed on January 1, 2006: 1. Any restaurant, eating establishment, coffee houses, juice bar, delicatessen or similar uses, that existed on the block prior to January 1, 2006; 2, Any public storage facility that existed on the block prior to January 1, 2006; 3, Any membership club or assocition that existed on the block prior to January 1. 2006; 4. Vehicular parking and vehicular access that existed on the block prior to January 1, 2006. D. PROHIBITED USES. The provisions of Section 9264,2,9, subsection 15, shall not be utilized to permit the establishment or maintenance of automobile sales or automobile storage or automobile repair services on the block bounded by Santa Anita, Morlan Place, and Huntington Drive, Such uses are specifically prohibited on that block, and any such use established on that block prior to the effective date of this Ordinance shall be considered an illegal non-conforming use and shall be removed or abated as provided in Sections 9400 to 9407.3 within two years. Sections 9245.3 and 9246 regarding the continuance of legal non- conforming uses shall have no application to the illegal uses prohibited by this Subsection D. E. PRIORITY. To the extent that any application of this Section 9264,2.11 may conflict with the application of any other provision of the Arcadia Municipal Code or other ordinances, . resolutions, or policies of the City of Arcadia, this section shall prevail. r-'. EFFECTIVE DATE. This Section 9264.11 shall become effective at noon on the day following its adoption by the voters of the City of Arcadia. G. DURATION. This Section 9264.2.11 shall be automatically repealed and be of no force or effect after twelve (12) years after the date of its adoption by the voters, H. SEVERABILITY, In the event a final judgment of a court of proper jurisdiction determines that a provision of this initiative measure, or a particular application of a provision, is invalid or unenforceable pursuant to a state or federal law or constitution. the invalid or unenforceable portion or application shall be severed from the remainder of this measure, and the remaining portions of this measure shall remain in effect without the invalid or unenforceable provision or application. I. CONFLICT WITH OTHER BALLOT MEASURES. In the event that any other ballot measure is proposed for voter approval on the same election ballot as this initiative measure, and that other measure contains provisions which deal with the same or similar subjects, it is the intent of the voters in adopting this measure that it shall prevail over any such other ballot measure in its entirety to the extent that this measure is approved and it receives a greater number of votes for approval.of the other measure. In such case, no provision of the other measure shall become effective. AMENDMENT. Once this initiative measure becomes effective no provision of this measure may be amended or repealed except by a majority of the voters of the City of Arcadia voting on a ballot measure for that purpose. End. 6545