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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:
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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.
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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
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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
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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
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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.
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