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HomeMy WebLinkAbout2381 ORDINANCE NO. 2381 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING SECTION 7915 OF CHAPTER 9 OF ARTICLE VII OF THE ARCADIA MUNICIPAL CODE RELATING TO CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY WHEREAS, on February 2, 2021, the City Council adopted Ordinance No. 2374 amending Chapter 9 of Article VII of the City of Arcadia Municipal Code relating to camping and storage of personal property on public property; and WHEREAS, on August 17, 2021, the City Council indicated its desire and intent to amend Ordinance No. 2374 to change the camping prohibition hours of 7:00 a.m. to 10:00 p.m. to 7:00 a.m. to 8:00 p.m., and to add clarifying language prohibiting camping on all real property or lots associated with prohibited camping areas or facilities on public property. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein. SECTION 2. Section 7915 of Chapter 9 of Article VII of the Arcadia Municipal Code is amended to read in its entirety as follows: Chapter 9 CAMPING AND STORAGE OF PERSONAL PROPERTY 7915. EXEMPTION FOR NECESSITY. The provisions of this Chapter shall not apply, except as stated below, to any individual camping by necessity, including, for example, those instances in which every shelter in the local area is at capacity. In order to comply with applicable case law, the City Manager may establish local guidelines to determine whether an individual is camping by necessity. If an individual is camping by necessity, the following criteria for safe camping shall apply: (a) No person shall erect, configure, or construct any camp facilities in any public area from 7:00 a.m. to 8:00 p.m. (except during rainfall). A person must take down, fold, and completely remove or put away any camp facilities erected, configured, or constructed on any public property between the hours of 7:00 a.m. and 8:00 p.m. (except during rainfall). At no time shall any person obstruct access to a street, sidewalk, park playground, public utility, public property, or other public right-of- way open for pedestrian travel or governmental use: 1. By sitting, lying or sleeping, or by storing, using, maintaining or placing personal property in a manner that does not allow for passage as required by the Americans with Disabilities Act of 1990, as amended from time to time; or 2. By sitting, lying or sleeping, or by storing, using, maintaining or placing personal property within ten feet or any operational or utilizable, entrance, exit, driveway, or loading dock; or 3. By creating any barrier with string, wire, rope, or chain, or other attachments or appurtenances upon City owned trees, light poles, fences, equipment or other public facilities. (b) The use of public utilities not designated for public use is prohibited. 2 (c) Upon resolution adopted by the City Council and the posting of signage, camping is prohibited on the following public property and related areas including without limitation, the entirety of the real property or lot on which each of the following is located: 1. City benches located in areas as described in Section 7915(c)2 throughl4 2. Bridges and highway underpasses or overpasses (within 500 feet thereof) 3. Park Playgrounds and Synthetic Turf Areas 4. Park Picnic Areas including Tables, Bleachers, Benches, and Pavilions 5. Arcadia Transit Plaza 6. Arcadia City Hall 7. Arcadia Public Library 8. Gilb Museum of Arcadia Heritage 9. Museum Education Center 10.Arcadia Community Center 11.Arcadia Recreation Office 12.Arcadia Par 3 Golf Course 13.Landscaped Areas 14.Freeways onramps and off-ramps 15.Very High Fire Severity Zones 16. Within 25 feet of the following City designated zoning: i. Central Business District (CBD) ii. General Commercial (C-G) iii. Professional Office (C-O) 3 iv. Regional Commercial (C-R) v. Mixed Use (MU) vi. Downtown Mixed Use (DMU) SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected. SECTION 4. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 5. 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 the City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty-first (31st) day after its adoption. 4 Passed, approved and adopted this 5th day of October, 2021. Mayor of the Ci. of Arcadia ATTEST: Cit erk� APPROVED AS TO FORM: WF‘., 41.•1/4" p. Stephen P. Deitsch City Attorney 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2381 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 5th day of October, 2021 and that said Ordinance was adopted by the following vote, to wit: AYES: Chandler, Verlato, Cheng, and Tay NOES: None ABSENT: Beck ' Clerk of th ity of Arcadia 6