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Home My WebLink About6532 RESOLUTION NO. 6532 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, NOVEMBER 7, 2006, FOR THE SUBMISSION OF A PROPOSED ORDINANCE CONCERNING PARKING IN LARGE RETAIL DEVELOPMENTS 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 Arcadia Municipal Code Concerning Off-Street Parking for Large Retail Developments; 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 I. 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, November 7, 2006, a Special Municipal Election for the purpose of submitting the following proposed ordinance: Shall the initiative ordinance of the People of Arcadia Y amending Arcadia's 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 validation, except for up to 10% of the total number of off N street parking spaces for which fees may be charged or validation allowed for valet parking, be approved? 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 conduct the election. 2 6532 SECTION 6. The polls shall be open at seven o'clock a.rn. of the day of the election and shall remain open continuously from that time until eight o'clock p.rn. 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 18th day of July ,2006. Ma r of the City of Arcadia ATTEST: ~,/~ ity Clerk APPROVED AS TO FORM: ~p-~ City Attorney 3 6532 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. 6532 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 July, 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 ~r~{~o~a- 4 6532 EXHIBIT A PROPOSED MEASURE 2 The People of the City of Arcadia do ordain as follows: SECTION I: PURPOSES AND INTENT We, tre people 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. We believe that providing free off-street self parking for patrons, visitors, employees, and residents of/arge 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 hannful impacts on neighboring City and residential streets. . We 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 oftime and without any restriction or requirement to obtain parking validation of any kind from a retail establishment in the development, SECTION II: AMENDMENTS TO ORDINANCE A. Article IX, 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 6532 planned integrated commercial development (as used in Municipal Code Section 9220,50. i) 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, Ctapter 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 properly. shall be provided free of charge 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 enioy free self parking at the Large Retail Development properly. 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 the ir cars retumed 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 Lan!!: Retail Development required under the Municipal Code, Article IX, Chapter 2, Part 6. Division 9. 9284.6.2. PENDING MATIERS. Upon the effective date of this measure, the City and its departments, boards. commissions, officers and emplovees, shall not grant, or by inaction allow to be approved by operation of law, any general plan amendment. zone change. specific plan. tentative or final subdivision map. conditional use permit, building penn it. certificate of occupancy. business license or any other ministerial or discretionarv penn it or approval which is inconsistent with Section 9284.6 and 9284,6.1. SECTION III: IMPLEMENTATION OF THIS MEASURE Effective Date: A. This measure shall be effective on the day that the vote is declared by the legislative body, and shall go into effect 10 days after that date, pursuant to Elections Code section 9217. B. Upon the effective date of this measure, the City and its departments, boards, commissions, officers and employees, shall not grant, orby inaction allow to be approved by operation of law, 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 pennit or approval which is inconsistent with this measure. Severability: 6532 -. The provisions of this measure are severable, If any provision of this measure or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. No Repeal or Amendment. This measure shall not be amended nor repealed except by a subsequent vote of the voters of the City of Arcadia. Conflicting Measures A. It is the intent of the People. that in the event that this measure and another initiative measure or measures relating to the same subject shall appear on the same city election ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure shall receive a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and all provisions of the other measure or measures shall be null and void. B. If this measure is approved by voters but superseded by law or by any other conflicting ballot measure approved by the voters at the same election, and the conflicting law, ballot measure, or interpretation thereof barring this measure from taking effect is later held invalid, this measure shall be self-executing and given full force of law. 6532