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HomeMy WebLinkAbout0538 . . n ~;sr:rP~ u:\ ~ L . IJ G,J Li (rJ b . RESOLUTION NO. 538 r .' t l' t-I I .J I..J. 'I'"] "'''r~'':'''''''\'J . ~~ . , 1 I I " ) .1 .,,' r "::J . ~ju ~ A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ARCADIA,. CALIFORNIA, RECOIvlMENDING THE AIvlENJJ!I!ENT OF DIVISION 5 OF PART or OF CHAPTER 2 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE CONCEru~ING C.omn'fIONi\.,L' USES. THE CITY PLANNING CO~I!ISSION OF THE CI~' OF ARCP~IA, CALIFORNIA DOES DETEffilINE AND RESOLVE AS FOLLOWS: SECTION 1. That on July 28, 1964, the City Planning Commission adopted its certain Resolution No. 526 wherein and whereby it instituted proceedings for the purpose of considering . and making recommendations concerning the amendment of Division 5 of Part 7 of Chapter 2 of Article IX of the Arcadia Municipal Code, includin~ additions to or deletions frrnn the uses presently specified in Title 1 thereof, the changing or augmenting of the procedures specified in Title 2 including provisions for the im- position and enforcement of conditions, and the deletion from the uses specified as permissible in other Zones of some or all uses classed as special uses, pursuant to which a public hearing for such purposes was scheduled for Tuesaay, August 25, 1964, which said hearing was then held and duly and regularly continued from time to time to the date hereof. SECTION 2. The City Planning Commission having received and considered evidence and recommendations on the subject does ~ hereby find and determine that Division 5 of Part 7 of Chapter 2 of Article IX of the Arcadia ~unicipal Code be amended as follows: -1- 538 J/ .,' - I ' r - , . SECTION 3. The Secretary shall certify to the adop- tion of this resolution and shall cause a copy of the same to be for\~arded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Planning Co~n1ssion held on the 8th day of December, 1964, by the following vote: AYES: Commissioners Ferguson, Golisch, Hanson, Kuyper, Parker, Turner and Norton NOES: None ABSENT: None ~J /'- ----.(; \. ./ ;7 IJ! ". / //";; ,c~t./{ .~/ ,<-- ,.,2:,/L C7" ,.c a rman . ATTEST: Secretary ~ 538 ~' , . . ~ t?:l:::c::Si::.lX' Jo Jl.::.;5:" 'iO a 1?1Ol1...iili~ C;,y--l:l.OCll'oC..i"1 iJi~0:"a C2,~V t'~Jt;csmJ ,-,;j~"':'ll'D J~aotc::.J ct:~co Co G~il~M::'.o1. 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QJQo!l\1.o'l00 m.t~ c;-;'Q !l?i'i''}C:;]j.1WL) Go.}UC,j. ~~ CAtv' Cllor;'d c!lI.oU ccC \..\,;; ',' ( Cn~t.Olf' Ji'Ol;> t:~Clh'11C)L9C:;;j! :~J'c C9t;!00 Gf? C~ ~JlI;:::J. D!O-JO O:;:j O:3J~:x.l t::::=:...:.::J " 2.!. I:,l':) Oc.:;:) c:.1..'1.-::)i;>J(U:Jvw6~'b,~(J iJy .J..;gCll.Q:l :;3(:,l.C.4. tIC O~"'a L~cm~ C;;:Q ';:c~lJll.l ffi'.n!l :'0JRct:1 \;~O m.UtlWO m~ ~I',!OO at ~lO li'il.o.I~lJ".[, Cc:::1!DoaU:a a":t.:ct'~ Ul.O wctc:;'o oej t.u 'Jo/?':;olOllo \.>fc:n:.;(J!;>:J.VtD llf Q:Jj}. (..'~ Cc,:,;;~a.l f:::.'& ~l il~o <:llIXlWt:!l.G;.. ~O!,.' O:>i......~:;..~o li"s,,-'8 or-&, !QtO.r00CC:) j;Xl1."Clj ,;u~ 881,lllliJ tl't'J ovil~c~JO Cl:"'d (AI.:) ~oroQ-::oo cs.J CO'J!l.oic-..-::J \:.0 c:G ""-"0 tt;W&,;)~'ro:J. ()JI)N.L ~ ~l ~ , ;' . -\':.-- I '-.!- -1- I, ~ , , . . . 927~.2.1I. JAMA. ~ClSI.01i. At ttie concludon of the i1eaz>- It'ij; gO appeal the C1tV CoanoU llI&y; 1. Approve the tltKl1ll1on of the ,1.ann1n6 CCllIill1uloni 2. API-rovti the Jeo1alon of' thlt PlaIm1ng CClIJlIII1aalon with a141tlonal o~ltlun.J ,;,. lilod1t'V the Ciecle10n 01' the Plannlno 1:0Illm1..1oDa ~. ~~ the .Qe"Ju~o~ or the Plan~ c~n~lJll. _ "', 5.. ~~!~..;~. -., ..7-":;~~ .(t",:.- ,";'. . , ....:. J. . ~;. I~!.'"'U Jj"\ .,.*', Tlllil 11e"J;j,a1cm <.11' the ~1t,y COlIDdl aba11 be f1na1. -:\ , .~a 'l> aoJ f - .tel1Ulllber JeoUOlla ~27:J.2.11.. iai:;.2.12.. ~2'l:J.2.lj &I s/2(;...2.l4 to 92l;;i.2.12~ i-I'27:;1.2.1j, Si'2r;...2.14 and 92'(;.i.2.1:;. rage 14. .. Ada a mtW i:,ieatl<m )21:.1......1'1. S,2'l;;.j.l-'a. WAIViill 0'9 ~Ul!~J. Tlle Plann1.na CQIlIlI1ulon ~ wa1ve ~ of the E'8SQ1atlOlllt apedt1ed lu lth1~ Title upon e. aho1flQiS I;,y the appllcant ana a 1".tC<<U0i; by the OommtsQiol1 tuat an.r a~h i'ebiAla- t.1011 1a lnap",roprlate or lnappU,.atlle etther to Uw 1nten>Jed wae or the prtipet'ty or to tnlll property luelf, tll 10 ~:':; ;.' ~'; of ,Ji, tI1!1,,~~ .. :J. ~+ ~ . ,1 . Tn. Oondltlonal use AmandmBnt sho~la also ~onta1n e ~oonmon4a- t1Gn 1'01' t.he repeal ot all se::tiona apeu11)tll'lS uaeil to ~ tl'anaferred t.o Title 1 fI'OlIl otnel:' ~tlon. ot the ,"Ol'Wlb Ordlnanae. In tilts con- Duction it ,.,014113 alae> be weU to ~OlIIllIena the repeal of Title ~ Qon- taln1nil .~alal resulatlona on \lUnaa cU'C631na lIln~. .. no lo~r have a c;oatCll'll areultli; plant 10 town and pl'Ot>.b~ never "111. ~$ JAME& A. NICKLIN ~1t)' At.tomey JAlhJte . ~.;;.~ . . -~ 'r r;t..J'r~-'..,.tr'. I'" I. ~# /71, \J~ 4 . i ,...:; t-f / """ ,i, _~..;':. ',.". 4>> ~. ,.. .,(,/,.} ,l,Fe,' ,- ...':::' , (n , , liJ ,I-A '.~ < - I J . ~ 1 ,. . I /t.?, :. ';'t'~, .,?-~ ".- i. " , ,; . . ~ ~ 1--'-;\. / , .A '-- ~~,-:/' :,; , ",1" , , " J~/;.,./."..1 u'" ~t~ L~::~;1~. :!.~ -,_..(;..,:" . _:.. '..../.. I r :;. - "i- ' '/" .... . ." "'~ \... J.';'\ "J)I~:.t ~",;:-~-"I /1' (~~f/ ~ .J (I>~/ <!A-:-U"'Y-' /.... -.'>' -'./1.-.//" ~. .... ;:'. ....-"'~ ... , " / \ '. ," j /Y) , k , 1'\.oJ{ .1',,,/1..-,,,<,,,7-;-, <. ,- ~/'; ~ (. ,-"':".;. .i ",- [;tCt/.t.!'........l r) --'.:- . " .~.~ " 4'l/{- I /[rlAX___" ,1 4.;', I / / /.' 0-,', :;.'.J"'Jt_- , .-!" I , -. ..~. -""";;,-.-~ a /14 ( /1'/ / " 1/,...-7 , v I , .( f'L.... /Y}\/lJlc ;;,,--..1- f"~t:.[t: '" ,1- ",0" /'''..''' ,')';;:-A ... C' .,L'1vL , , ~~ 't...' , ". ..4 ,'- }: _ .A:: ( I -/', '.' .; / ......, 1" ( . ,1 ,,~, , ,r.t/' .,. " " ,:') " , " , \ ,/.\ /'- {:..: . / I ," 1>.+1_ ,/ /. ,,' " (/ / /' , .' I o:'/) " , . 1..-. , .' , j " " " '. p. . ;0,/2/.<. " ..// I~' .... t ~ . . PROPOSED CODE CHANGES TO BE INCORPORATED IN RESOLUTION DIVISION 5. CONDITIONAL USES TITLE 1. PREREQUISITES AND CLASSIFICATION 9275.1 . 9275,1.1 ~ 9275.1.2 DECLARATION. Uses may be permitted by the Planning Cammissian and Council in Zones in which they are otherwise prohibited by this Chapter, where such uses ore found by said Commission and/or Council to be essential or desirable to the publ ic convenience or welfare, and can be harmoniously adjusted to the surrounding uses and the commun ity. This declaration is based upon the fact that all of the uses enumerated in this title possess characteristics of unique and special form as to make impractical their being automatically included in any class of use as set forth in the various zones herein defined. Such uniqueness may consist of one or more of the following: o. Uses which require special consideration to the effect such uses may have on the property values, health, safety, and welfare on adjacent properties in the neighborhood, or in the community as a whole. b. Differences in the size of the area needed for full development of such uses. c. Unusual traffic characteristics, d. Problems incidental to an operation but outside the regular standards of the zone. e. Special location requirement not related to zoning, f. Uses which an approximate location is indicated on the general plan but which exact location and arrangement must be carefully studied. ADMINISTRATIVE ACT. All acts performed by city officers under the provisions of this Division shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this Chapter shall apply in special cases, as provided in this Division, and shall not be con- strued as amendments to the provisions of this Chapter or the Zoning Map of the city. PREREQUISITE CONDITIONS. Before a Conditional Use permit may be granted, it shall be shown: - 1 - ~ '1~~ " '".. : . . . a. That the granting of such Conditional Use permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zon e or vicinity. b. That the use appl ied for at the location indicated is properly one for which a Conditional Use permit is authorized. c. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required, to adjust said use with the land and uses in the neighborhood. d, That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. e. That the granting of such Conditional Use permit will not adversely affect the comprehensive general plan. 9275.1.3 CONDITIONAL USES PERMITTED IN ANY ZONE. The uses specified in the following subsections may be permitted in any zone upon the granting of a Conditional Use permit therefore as in this Division provided. . . 9275,1.4 SAME Airports 9275.1.5 SAME Auditoriums 9275.1.6 SAME Automobile Service sfotions 9275,1,7 SAME Cemeteries 9275.1.8 SAME Churches 9275,1.9 SAME Circuses 9275,1.10 SAME Clubs 9275.1.11 SAME Communications Equipment Buildings 9275.1.12 SAME Community buildings and libraries 9275,1,13 SAME Crematories 9275.1,14 SAME Displays 9275.1.15 SAME Electric sub-stations - 2 - " . . . 9275.1.16 SAME Establishments ar enterprises invalving large assemblages of people or automobiles 9275. I. 17 SAME Exhibits 9275.1.18 SAME Expositions 9275.1.19 SAME Fa i rg rou nds 9275.1.20 SAME Fairs 9275.1.21 SAME Hospitals 9275,1.22 SAME Institutes of a philanthropic or eleemosynary nature 9275.1.23 SAME Mausoleums 9275,1,24 SAME Mortuaries 9275.1.25 SAME Natural resaurces, development of, together with necessory . buildings, apparatus or appurtenances incident thereto 9275,1.26 SAME Nursery schools, day nurseries, preschool nurseries, child care centers and day care centers 9275.1.27 SAME Open air theaters 9275.1.28 SAME Pageants 9275.1.29 SAME Private clubs, fraternities, sororities, and lodges, excepting those the chief activity of which is a service customarily carried on as a business. 9275.1.30 SAME Public buildings 9275.1.31 SAME Race tracks (other than for horse racing, harness racing and track meets) '127!j. 1. 32 ~ RL.I~; _. 1_'-. -_-_. I ._ .:11_.- 9275.1.33 SAME Recreational centers . 9275.1.34 SAME Riding Academies 9275.1,35 SAME Sanitariums 9275.1.36 SAME Schools - 3 - '. , . . . 9275.1.37 9275.1.38 9275.1.39 9275.1.40 9275.1.41 9275,1..ol2 9275,1,43 9275.1.44 9275.1.45 9275.1.46 9275.1.47 9275.1.48 9275.1.49 9275,1.50 9275.1.51 , .. . CONDITIONAL USES IN SPECIFIED ZONES. The uses specified in the following subsections moy be permitted in zones therein indicated upon the granting of 0 conditional use permit: Advertising sign boards. C-2 of any less restrictive commercial or industrial zone. Amusement parks. C-2 or any less restrictive commercial or industrial zone Automobile laundries, C-M or any less restrictive commercial or industrial zone Automobile shows. C-2 or any less restrictive commercial or industrial zone Baths, turk ish and the like. C-2 or C-3 Billiard halls, pool halls, C-2 or C-3 Bowling Alleys. ,C-1 or any less restrictive commercial or industrial zone Churches, temporary revivol. C-2 or any less restrictive commerciol industrial zone Commercial, Trade, and Music schools. C-2 or any less restrictive commercial or industrial zone Custom dressing, limited to the dressing of poultry ond rabbits for poultry raisers and not including the slaughtering of poultry and rabbits for delivery to the wholesale trade, such os chain stores, markets, butcher shops and the like. C-2 or any less restrictive commercial or industrial zone, Drive-in Businesses, including but not limited to restaurants, bonks, liquor stores, clothing and cleaning establishments, and dairy product stores. e. :I: u, e. 3 in Zone C-2 or any less restrictive commercial or industrial zone. Frozen food locker plants. C-M or any less restrictive commercial or industrial zone. Funeral parlors. C-2 or any less restrictive commercial... imlu,t"iP<lI ? I"l.C Furniture warehouses. C-M or any less restrictive commercial or industria I zone -4- . ~ : . . . 9275.1.52 9275.1.53 9275.1.54 9275,1.55 9275.1.56 9275,1.57 9275.1.58 9275.1.59 9275,1.ti) 9275.1.61 9275,1.02 . . Garages. C-M or any less restrictive commercial or industrial zone Hotels. C-2 or any less restrictive commercial.OF -mJl:;fd. ;...1 ....~I.e Ice storage houses. C-M or any less restrictive commercial or industrial zone Motels, auto courts, and tourist courts. C-2 or any less restrictive commercial ~, ilJ~ Itr-::I' :n! Outdoor eot,ing establishments. C-C or any less restrictive commercial or industrial zone Roller skating rinks. C-2 or any less restrictive commercial or industrici I zone Theaters. C-l or any less restrictive commercial or industrial zone. Ti.,smiths. C-M or any less restrictive commerciol or industrial zone Upholstering, C-M or any less restrictive commercial or industrial zone Veterinary hospitols and veterinary cl inics, each without outside runs. C-:Lor any less restrictive commercial or industrial zone Wedding chapels. C-2 or any less restrictive commercial or industrial zone - 5 - ~ . . TITLE 2, PROCEDURE 9275.2 9275.2.1 . 9275.2.2 9275.2.3 9275.2.4 . FILING OF APPLlCAnON. An application for a conditianal use permit shall be made in writing ta the Planning Cammissian and in such form as is approved by the Planning Commission. The Planning Commission may pravide forms for such purposes and may pres&"J~e ~ "Pr 0[. iJ.'m'i'lJon to be provided thereon. No petition shall be l'8CeSI,; unl~ss It compfies with such requirements. Applications filed pursuant to this Division shall be numbered consecutively in the order of their fi I ing and shall become a part of the permanent official records of the City, and there shall be attached thereto copies of all notices and actions pertaining thereto. INFORMA nON REQUIRED. Each application for a conditional use permit shall be accompanied by: 1. A plot plan and description of the property involved, plans and descriptions of the proposed use of the property, and ground 'plans and elevations for a II existing andj)rop.osed buildings. Information establishing the rac~s required to be shown by Section 9275.1.2 Any addi tional information required by the Planning Commission to evaluate the application. 2. 3.1. FILING FEE. Before accepting for filing any application for a con- ditional use permit, the City shall, for the purpose of defraying the expenditures incidental to the proceedings described herein, charge and collect a fee of One hundred twenty-five dollars ($125.00). INVESTIGATION. The Planning Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application os will serve to provide 011 information necessary to assure that the action on each such application is con- sistent with the intent of this Chapter and with previaus conditianal use permits, amendments, variances, or modifications. NOTICES. Upon the receipt in proper form of any application for a conditional use permit filed pursuant to this Division, the Secretary of the Planning Commission shall fix a time and place for public hearing thereon, to be held not less than ten (10) days nor more than forty (40) days thereafter. Not less than ten (10) days before the date of such public hearing, public notice shall be given of such hearing in the following manner: By mailing, postage prepaid, to the owners of the property within a radius of three hundred (300) feet of the exterior boundaries of the property involved in the appl ication, using for th is purpose the last known name and address of such owners as shown upon the assessment rolls of the City or of the County. Such notice sholl state the nature of the request, the location of the property, and the time and place of hearing. - 6 - S2,;).D.U. ~l?mlw... UllQ.l:;J C::::;;; <<l(';)~ eX'Jo ocCor;> o\.:Jb (;;~r.~ b;; Gl8 fI.1!X..:JiI:"..,J (g::"::.:.J~O~C.'D tr.:8 ~&r..r'~t\D OC' 0:..1;7 ",t:.1C~~ D<..:'~::::1 Cl[;GVw\i'cil vV o~c1;4 (:::)l\.oS,.O~11 ~ 0:;:6"" , l;t~DOa'C!:.l Sa G;7;:'CSoa co, (.:..:~ tJil.C^J ()~~M bV idl.:Jil.t:Y~ Clt"cstJ OP;:;:JN w3.t.~ C~O O:!.t;y GSor;~". (jc..~!,jl;'iX"..a\; C'lt.'1 Ct'JO &)n.~3 oil' GDV rr..::..n av~.!> 0 [lce 0~> (,;:-:::J li,,-r.:.1!.'-l:'l Giio8l\.ru'>J ~v::lCv.GQ~ 01':0!! t:o ~Slc:l ~o 'l.':.c 'O'i'<XDiJiT.)[;> l[;' t!:o L':,i1;:~O! 2-D t:::;::.:",) C:::J D~~3 gC;-~u'1.r;:J;;oa Ql.l;:.'-lt03 c.:::Jl .xolJJ.w Sl.E:''VO!VCJ 2..0 'JL:.~ C'~llp OOC5.G:;1. X:; C"l:J CV:;8GA l).o 00 t;.J "-!~& ~~:c DarY.\\'1C2 QUj li"'2.WLl &E.\.. \iolvli'D (,;.\:\0 CVjillcncSGZl Q1!..~ a Wf7:.Jotllo tV<::m:lox,,:,y;; (jfl' 0)13. t:;:041,~ ll0)!,(l e.:~j,,-cm..~ ~Q 0i/0>AW-4(} o::':ll'.:l 00 L~~~ ~J ::.:10 \.~C~"'-') 0'..:~"rui. crd ~c. c~ cilcn ~o afc;"OcoJ1.11 f'CO ofl 0:".;;) t~~1;";'F0::~ woll.l1.Oli'o ~01WJ.(D) t'..Jt-,:,:&:> (:iotc:J~C IJ2t.. ~:AO (J:lC~ C;;:i\ij)CD,~(;' C;)OC CJCll.Li.:':l<;X;~ oC:JC oil r,':,J:;~)llo.:.\ C\J<) a;:;:)lloD 0[1' 0 i/Ql;onCl:i:l CiX:!'...'Jot",$.pc. t.Jc-" " , . . , 9275.2.5 9275.2.6 9275.2.7 9275.2.8 9275.2.9 . . PUBLIC HEARING, Public hearings as provided far in this Division shall be held before the Planning Commission at the time and place for which public notice has been given as required by Subsection 9275.2.4. The Planning Commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued, in which event the presiding officer at such hearing shall, prior to the adjournment of such hearing, announce the time and place to which such hearing will be continued. FINDINGS AND DECISION. Within thirty-five (35) days after the conclusion of 0 publ ic hearing upon any matter, the Planning Commission sholl render its decision thereon by formal resolution reciting the findings upon which such decision is based. The Planning Commission action sholl be final, subject to appeal to the City Council. SAME. The Planning Commission shall: a. Approve, or b. Approve with conditions, or d. Deny the proposed use, development, or modification as requested in the application and as indicated in any required site plan, based upon findings drawn from the hearing and in accord with the con- ditions as provided in this Division. SAME. NOTICE. Within five (5) days after final action by the Planning Commission on an application for a conditional use permit, notice af the decision in the matter shall be mailed to the applicant at the address shown upon the appl ication and to all other persons who hove filed a written request therefor with the Secretary of the Planning Comm ission. APPEAL. Within ten (10) days after such decision by the Planning Commission, the applicant, or any other person aggrieved by such decision, may appeal therefrom in writing to the City Council by filing such with the Clerk Clerk. A fee of One hundred dollars ($100.00) shall be paid to the Treasurer concurrent with the filing of any appeal concerning a conditional use permit. In the case of appeal by a member of the City Council, such fee shall be waived. -7- . " .~ . . . oo~~3.(''Jjl,Q o!? O~~ tmooo&'il;)tJ) cx.~ OO).'! (;~Ol>'COJf ~2.11 W C8!llvo~;G co Q;r;!AoDC tVC-ra Dcw.::::;nC of.? I':L..~ f,;~ODCO Gml> ::.li' Cf:Jp LUG~. L;:J CC8C uti !t::l r;..."'"C~.J-:;&C14 ocJ Ct:o c-::~,::;~, 01J_,;; dQ&'\."--.)r;>0~ Co ti~J a::lc;) CZ,(J;;>.:.;; l.?Q7? u:';o t.1 tL~ QJlCil c:.). o~:;:Ih C:;;':;::;Q:!.. l!l? tlC0 O:.--:::x,;:o'::. C:;}O'''J2.~:3 W OOJCD \:\w CGc~w(J UO:JC 0.1: 1;2:) u:U.:UQr;>jJ,OC oz:x~ t;;;:,-, c.:;C:::nll CWDt; Cil.OCoc&' D t;~o 02'.')000 o;? \h) G;:7~l',\; O;fCi? ttrJ (,;;:J'.; c..'u1:!'~ Co ro5't:..~ -;:() C:U1)0!].Q.'1'l; ~G:1 cc:;pAOt;!l.U1 0P.l COMvO~i7 of; cuz:;oUmtOo oo.W ol? tto ttxll.':lo!:'il.D~. D.(; 0t~o ii'N;>o~ r;cGi.1lnt' :;;~::J:':fi.2, C8tiJ.CC; fiO~ACc1<lQG 0 (;oo:1oilc~ Ok' C!2o v:.lm'....'S~ Clc~').)o2.C::.l ,-"''';0 ;;:,!!>n:.:r':)') CD t~,fu) (JS.Cli.oo c....v ~,.;r;:;)" Or} ~:;Cl (J:!:;;ll COG'1:JU !;;::V I.'C<:;:.:-JOC c.'12 ~~8 CSo13:; C~:1':':0il.A r'~, if}) Dv tt;:) vo<;:~ c.;g Q r.')jo!.'.il~' o~ Jlto Ci~, "':1 C':)-:':8::~:l t~.) Ut8 g0~"1I,2. oZ..il\1\;CO, Q~,I;::)o1 t!2f;) r2cQl),Z);lw 0~' C:;y) 1711C:;:.,,,~,n~ (2- 'ix[):;l\.OD c~ CO~ a CoCo 012 Lx:anQI) C;'.Jm(.f;\. M' i.;; Di.l:1~ c.:J{,2.e.:J t~~l CC\2oil l;'C(..I3CClCfJ b "'C~0&.l \:;1;\)::,00(;'2&'0 h"..;-:> ~ aD ~::) L~CllX!.['-0 C:.:J ;JD.ltl ODuc:a19 0 ur'Jl)(] t:.:c;:J!;"';:;ul? ~ 1.;:) d~ m'0211o cl)].o (;()';' k1.~~;;t;ll.m fJg D:J ila(;(JxoCu,:J ~"'':'U'. C:) ~cou l.:~1. Do t'C\:iufu.;;:LJ. So \j~'.) 00Ll0 of en ()~n! ii~t'..O !l.l::ltn.t.tJ~cQ cJ to.o GG~oll.A. SJ,i..;.8.1\.rJ. t:;[ll::'~. L~&:;J. (,1;:.l::l r.~Q:i.Jt, oL' ;) c::Y2.CCc:;J O;:;':;~U! 2.:;) CDOOl:~'r'?20 ollC:J. \;:':0 t:."'Occv~~1.Ci i~cot.Uo:J}) t:':".J GRCV ulct'~~ ~ t,Y.Jt ~ GCCGc> &'0;;' ~:;OS';lG:'" o:cJ Jo';,QiU /,;l.vv G;>(;lco Qli' ~..J Dl1clg Vl!.cco Oi.~ C::;:17&C'JO oli' c:.:c; c.Jl::~c1l umOl,C;:;C',;:J l:/;jr;..)I.:$.C 'ilo enD D';:C;'l::;G~~ [~Gw.()..Jp 2.C'J t.::.lo oc::.::J C2.:...~r;> o;J:J "-l1L::J ED C;,;;cJ:...7,1'(;OC tc-. Wl)'oi',C:1 l:2(-;P.(2.<:". ["),1; O~:J~. L-:!~I~ ~o CG~:.Gr.l\. ~C\iU:. W\:&CU C~G t&.o':;'i;c::J Oz::J Jll.ZIcLl ofJ t.~" [>lo.c-.::J&.~.:J GC~Q1C:,) QC;;~I:'..:&G Ct.o c:::.t.tn;'p c.,-::J tlb v0;;:~S2r:l C<;:J:.LiJ;;>l\.r;Cp it;' ("'V'~ 'iLla G(;~~2.A c:o ::'0 rota us.o,,;;'Jt.aO':l coc~ Clr;'C~;.GD Et:;;:J G..-:!!] 2.t1tOl:'OOt.cJ })!J.:.'VJ' 0Ca)cr~) '0:'YJ U\I&CCt:::::o m'\ \;:.~ lIr'&'Q~lil:::JO c;.:.1 ~acl1oi'.Q:;':J t~lA3 r~<:::,:) ~:J,'?aI?L;.:w. ~xr:rJ.o.!l'l. t!nr::.:. CJ2Bl1C.J. D.t Ci.2'J C012:Jl1.~W:-il oJ;" ~ C~oc:;>ilTG c:w CJv:Jc)1, ~~Q O~tJ OC~C4~! i~~ ll.. [!F;:;rx;vo t~ C:~o.ll.o:lO~J a&' Cl.-:--.) l?&o.r~1&CG C'-,,~.Qoi:C':}8 n. !:i};:diCJO C.to (!c::~2.02c;4 or: c.::) DJ1ccnl',r.c Gc:::3oolk::.l c:j).tt~ c.::Ll~0;lc~ o~~til.c::J~ ;J. ~~J {}XJ G()~Qi".c..J 1;)[;' Wo:J Vllc1;::-..n.OJ G,-.loa~s 0. ~VQL''::;O tt:::J uoalJ.o!o;) ()!1 c::.:) l?ao.o.'Jl::lfrlQ Gc;:;...---.r,.OO2.050.; !.>o L.cl?oI? ~ r:JtCot'l::lot; to tt.::J lIAc:.:!-"1llCG GcJ;1o~C:.l u'ol? LtrU;:J;;' O\)~p c..::::w.:uco or;> roc''''''' :~MC1D. ~:8 Ce3JJ.olc..J oJ? cua O~C/7 @c;z;t;}.lJ.l]. o.."m! to 1?lltlOi>. ": ~ " ~ . . . 9275.2,10 SAME. DISPOSITION OF PLANNING COMMISSION DECISION. Upon receipt of the appeal of the Planning Commission's decision, the City Council may: a. Approve and adopt the findings and recommendations of the Planning Commission, or b. Refer the case back to the Planning Commission for further study, with or without instructions, or c, Require presentation of all evidence produced, and a written tronscript of the hearing held befare the Planning Commission. After receipt and study of such evidence and transcript, the City Council may: 1. Approve, or 2. Approve with conditions, or 3. Deny the case d. Set the case for hearing before itself. At such hearing, the City Council shall hear and decide the case de novo. 9275.2.n 12 EFFECTIVE DATE OF CONDITIONAL USE PERMIT. No permit or I icense shall be issued for any use involved in an appl ication for o conditional use permit until action on such application shall have become final by reason of the expiration of time to make an appeal herein provided. 9275.2.12 13 EXPIRATION OF CONDITIONAL USE PERMIT. If for a period of six (6) months any use authorized by a conditional use permit is, or has been, unused, abandoned or discontinued or the conditions have not been complied with, said conditional use permit shall become null and void and of no effect. 9275.2.13: 14 SAME. EXTENSION OF CONDITIONAL USE PERMIT. An extension thereof may be granted by the Planning Commission upon the written request of an interested person filed with the Planning Commission prior to the expiration of such six (6) months period. Said request shall set forth reasons supported by factual data why the conditional use permit has been unused, abandoned or discontinued or the conditions not complied with. No extension of any conditional use permit shall be granted unless the Commission finds the facts to be substantially as thus set farth and to constitute justifiable cause for such extension. - 8 - . . . 9275.2.XAC15 REVOCATION. Any special use permit granted under this Division may be revoked by the Planning Commission or the City Council at a public hearing held after at least five (5) days written notice to the permittee, if the Commission or Council finds upon evidence presented at such hearing that any condition of such conditional use permit or any valid regulation of 0 proper supervisory agency, including the City, has been violated without justifiaole excuse, . . - 9,- J' : . . . TITLE 3. REGULATIONS. DRIVE-IN BUSINESSES. 9275,3. GENERAL. The term "Drive-In Business" shall include all automobile service stations and commercial parking lots, and shall include, but shall not be limited to banks, clothes cleaning establishments, dairy products stores, liquor stores, and restaurants, where business or service is directly to an automobile and/or its occupants, or where an automobile discharges passengers for quick service where there is little or no separation of pedes- trian and automobile traffic, 9275.3.1 . 9275.3.2 . 9275.3.3 In cases where there is a question the Planning Commission shall rule whether a use falls within the intent or purpose of this title. SAME. REGULATIONS. Every such drive-in businesssl1alllesubject to all of the regulations applicable to a permitted use in the district in which such drive-in business is located; provided, however, that whenever the regulations of th is section are more restrictive (or impose higher standards or requirements), the requirements of this section shall control. SAME. LOCATION AND SITE REQUIREMENTS. The Planning Commission shall not grant any special use permit for a drive-in business unless it shall find that: A. the proposed use complies with all requirements set forth for the issuance of a spec ia I use perm it. B. The proposed use will not substantially increase vehicular traffic on any street in a residentially zoned district. C. The proposed use will not lessen the suitability of any nearby commercially zoned property for commercial use by inter- ferring with pedestrian traffic. D. The proposed use will not create increased traffic hazards to pedestrians when located near a school, church, auditorium, theater, or other place of assembly. SETBACKS. Setbacks shall be established by the Planning Commission where they are deemed necessary for the safety, ~elfare nd protectio Qf the adjacent property. There shall a minimum set :k of 5 feet from street side proper Ine. Where ther IS window service automobiles it s require that suc service area be se ck a minimum of feet from any str side property I in - 10 - " ,.- . . . 9275.3.4 9275.3.4 9275.3.5 9275.3.6 . . Additiona etbacks may be e blished by th~Plann' g Com . Ion if deemed ne ssary to prov ide for protection roperty values, s ety, health, or welfar . LOT AREA, Each drive-in business shall be located on a lot having an area of not less than 10,000 square feet, the minimum dimensions of which shall be not less than 100 feet. PARKING REQUIREMENTS. Every drive-in business shall be subject to all parking requirements applicable to the zone in which such use is located in addition to complying with the following: a. On site parking shall be provided for each employee on duty. The peak employment period shall be used to determine the number of employee parking spaces. b. No permanent parking of vehicles shall be permitted except when such use is for commercial parking purposes. c. No vehicles may temporarily park on sidewalks, parkways, or alleys. d. No vehicles may be parked on the premises and offered for sale, lease, or rent. ACCESSWAYS. Each developed site shall not have more than two accessways to anyone street, excepting that the Planning Commission has the right to prescribe additional requirements if it is deemed that a change in the location and number of accessways will reduce the possibil ities of traffic hazards so that, at maximum expected operation, neither streets nor sidewalks will be blocked or the safety of pedestrians or motorists be endangered by vehicular movement into or from a proposed use. ACTIVITIES PERMITTED AND PROHIBITED. The following shall regulate activities on any drive-in business site: , a. Vehicles. No vehicles shall be parked on the premises other than those of persons attending to business on the site, vehiCles being serviced for customers, vehicles of employees and tow trucks and other service vehicles, No vehicles shall be parked on streets, alleys, sidewalks, or required landscaped strips. - 11 - ~. .' . 9275.3.7 . . . . b. Au.tomobile Service Stotions - At on automobile service station no activities other than the following sholl be conducted: -dispensing gasoline, oil, grease, tires, batteries, and automobile accessories directly to users of motor vehicles; tuning motors; wheel and broke adjustment and other minor repairs and servicing of motor vehicles only to the extent of installation of tires, batteries and automobile accessories directly to users of motor vehicles. All other activities ore prohibited, including, (but not limited to) upholstery work, auto gloss work, pointing, welding, tire recapping, and auto dismantl ing. SIGNS. Signs sholl comply with the following requirements: a. Signs sholl contain only such subject matter which refers ta the nome of the establishment or to the goods and services sold on the premises on which the sign is located. b. The total area of signs on the property sholl not exceed two (2) square feet of sign area for each lineal foot of property frontage. (Corner lots sholl use only one side of street frontage to determine maximum sign area.) c. The maximum height of signs sholl not exceed twenty-five (25) feet. d. One free standing sign not to exceed on area of 100 square feet sholl be permitted. e. All other signs sholl be mounted flat against the building. f. No billboards sholl be permitted. g. No attraction boards sholl be permitted. h. No sign sholl project more than twelve (12) inches over public rights-of way. i. For sole or lease signs sholl not exceed four (4) square feet. j. No moving sign or signs with any moving ports sholl be permitted. Blinking, flashing, travelling, or moving lights or signs sholl not be permitted. k. Signs sholl not couse any glare or reflection or light on other property or buildings, I. No banners sholl be permitted. - 12 - .. . . . 9275.3.8 9275.3.9 9275.3.10 , 9275,3.11 9275.3.12 9275.3.13 . . Fire Resistant Wall. Where a drive-in business adjoins property in a residential zone a six (6) foot high solid masonry wall shall be constructed on interior property I ines. When the wall reaches a point twenty-five (25) feet back of the street side property line, it shall decrease to a height of thirty inches. Lighting. All outside lighting shall be so arranged and shielded as to prevent any glare or reflection, and any nuisance, inconvenience and hazardous interference of any kind on adjoining streets or property. landscaping. landscaping shall comply with the following require- ments: a. Five (5) ft. wide raised planters shall be located along the street side property line except for curb cut openings. b. Three (3) ft. wide raised planters along the walls of the interior property I ines to a distance equal to the front building line (for this purpose canopys and other such structural appurtenances shall not be considered the front building line). c. 150 sq. ft. of raised planting area at the intersection of two property I ines at a street corner. d. Thirty (30) square feet of raised planting area along the building facades fronting on street. e. All planting areas shall be separated from adjacent asphaltic concrete paving by six (6") inch minimum curb walls. f. All landscaped areas shall have permanent irrigation systems and such areas shall be planted and well maintained. Utilities. All utilities service shall be installed underground from poles to buildings. Rest Rooms locatio.. All rest rooms shall be located to the rear of the building. Entrance shall be screened from view of adjacent properties or street rights-ofway by solid decorative screen i ng . Service Station Operation. No service stations shall be operated in a self-service manner. - 13 - , " -..' . .' . . . . .. 9275.3.14 Deliveries. All deliveries made immediately adjacent to residential zones sholl be between the hours of 7:00 o,m. and 10:00 p.m. 9275.3,15 Storage and Displays, All merchandise, wares, crates, etc, in the form of temp()rory and permanent storage or displays shall be within the building except as otherwise provided in this section. 9275.3.16 Trash areas, All outside trash, garbage and refuse areas shall be enclosed on at least three sides by a five foot block wall. Provisions for adequate vehicular access to and from such areas for collection of trash ond garbage shall be provided. 9275,3,17 Automobile Service Stotion Sale, Lease, or Rental Items. No sale, lease, or rental of items, i. e., trailers, trucks, :;'L ~:p, cigaretts (except in dispensers within the building) peat moss, toys, etc. or anything not clearly incidental to the automotive industry shall be permitted. Outside placement of soda pop dispensers when associated with a water sool ing system may be approved by the Plann ing Commission. soft dr1nks, 9275.3.20. WAIVER Oi' REQUIJUlMENTS. The Plann1ng Comm1ssion ma,y waive any of the regulations specified in this Title upon a showing by the applicant and a finding by the Comm1ssion that any such regula- tion is inappropriate Or inapplicable either to the intended use of the property or to the property itself, or to adjacent property. The Planning Comm1ssion further reoommends the repeal of all appropriate Sections of the Arcad1a Muniolpal Code speolfying uses in other zones which are transferred to Title 1 by any of the foregOing provls1ons. This Comm1ss1on further rec~ends the repeal of all of Title 4 oonta1n1ng Sections 9275.4 through 9275.4.1 dealing \'1ith CUstom Dressing. - 14- . DIVISION TITLE I. 9275.1 ~ 9275.1.1 . 9275.1.2 . - PROPOSED CODE CHANGES TO BE INCORPORATED IN RESOLUTION 5. CONDITIONAL USES PREREQUISITES AND CLASSIFICA TION DECLARATION. Uses may be permitted by the Planning Commission Qnd Council in Zones in which they are otherwise prohibited by this Chapter, where such uses ore found by said Commission and/or Council to be essential or desirable to the public convenience or welfare, Qnd can be hormoniously adjusted to the surrounding uses and the community. This declaration is based upon the fact that all of the uses enumerated in this title possess characteristics of unique and special form as to make impractical their being automatically included in any class of use as set farth in the various zones herein defined. Such uniqueness may consist of one or more of the following: a. Uses which require special consideration to the effect such uses moy have on the property values, health, safety, and welfare on adjacent properties in the neighborhood, or in the community as a whole. b, Differences in the size of the area needed for full development of such uses. c, Unusual traffic characteristics, d. Problems incidental to an operation but outside the regular s tanda rds of th e zone, e. Special location requirement not related to zoning. f. Uses which an approximate location is indicated on the general plan but which exact location and arrangement must be carefully studied. ADMINISTRATIVE ACT. All acts performed by city officers under the provisions of this Division shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this Chapter shall QPply in special cases, as provided in this Division, and shall not be con- strued as amendments to the provisions of this Chapter or the Zoning Map of the city. PREREQUISITE CONDITIONS. Before a Conditional Use permit may be gran ted, it sha II be shown: - 1 - . . . a. That the granting of such Conditional Use permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zon e or vicinity, b. That the use appl ied for at the location indicated is properly one for which a Conditional Use permit is authorized. c. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required, to adjust said use with the land and uses in the neighborhood. d. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. e. That the granting of such Conditional Use permit will not adversely affect the comprehensive general plan. 9275.1.3 CONDITIONAL USES PERMITTED IN ANY ZONE. The uses specified in the following subsections may be permitted in any zone upon the granting of a Conditional Use permit therefore as in this Division provided. ~ . 9275.1.4 SAME Airports 9275.1.5 SAME Auditoriums 9275.1.6 SAME Automobi Ie Service stations 9275,1.7 SAME Cemeteries 9275.1.8 SAME Churches 9275.1.9 SAME Circuses 9275.1.10 SAME Clubs 9275.1.11 SAME Communications Equipment Buildings 9275.1.12 SAME Community buildings and libraries 9275.1.13 SAME Crematories 9275,1,14 SAME Displays 9275.1.15 SAME Electric sub-stations - 2 - . 9275.1.16 9275.1.17 9275.1.18 9275.1,19 9275.1.20 9275.1,21 9275. 1 .22 9275.1.23 9275,1.24 9275.1.25 . 9275.1.26 9275.1.27 9275.1.28 9275.1.29 9275.1.30 9275.1.31 at{Ti 1 '39 9275.1.33 . 9275.1.34 9275.1.35 9275.1.36 SAME SAME SAME SAME SAME SAME SAME SAME SAME SAME SAME SAME SAME SAME SAME SAME 5:I!ttlM: SAME SAME SAME SAME . e Establishments ar enterprises involving large assemblages of peaple ar automobiles Exhibits Expositians Fa i rg rou nds Fairs Hospitals Institutes af a ph i1anthropic ar eleemosynary nature Mausoleums Mortuaries Natural resaurces, development of, together with necessary buildings, apparatus or appurtenances incident thereto Nursery schools, day nurseries, preschool nurseries, child care centers and day care centers Open a ir theaters Pageants Private clubs, fraternities, sororities, and lodges, excepting those the chief activity of which is a service customarily carried on as a business. Public buildings Race tracks (other than for horse racing, harness racing and track meets) R 'to . .... .. t 1S Recreationa I centers Riding Academies Sanitariums Schools -3- . 9275.1.37 9275.1.38 9275.1.39 9275.1.40 9275.1.41 9275.1.42 9275.1.43 . 9275,1.44 9275.1.45 9275.1.46 9275.1.47 9275.1.48 9275.1.49 . 9275.1.50 9275.1.51 .. . CONDITIONAL USES IN SPECIFIED ZONES. The uses specified in the following subsections may be permitted in zones therein indicated upon the granting of a conditional use permit: Advertising sign boards. C-2 of any less restrictive commercial or industria I zone. Amusement parks. C-2 or any less restrictive commercial or industrial zone Automobile laundries. C-M or any less restrictive commercial or industrial zone Automobile shows. C-2 or any less restrictive commercial or industrial zone Baths, turkish and the like. C-2 or C-3 Billiard halls, pool halls, C-2 or C-3 Bowling Alleys. C-l or any less restrictive commercial or industrial zone Churches, temporary revival. C-2 or any less restrictive commercial industrial zone Commercial, Trade, and Music schools. C-2 or any less restrictive commercial or industrial zone Custom dressing, limited to the dressing of poultry and rabbits for poultry raisers and not including the slaughtering of paultry and rabbits for delivery to the wholesale trade, such as chain stores, markets, butcher shops and the like, C-2 or any less restrictive commercial or industrial zone. Drive-in Businesses, including but not limited to restaurants, banks, liquor stores, clothing and cleaning establishments, and dairy product stores. ~ in Zone C-2 or any less restrictive commercial or industrial zone. Frozen food locker plants. C-M or any less restrictive commercial or industrial zone. Funeral parlors. C-2 or any less restrictive commercialll/Jt ~k_ Furniture warehouses. C-M or any less restrictive commercial or industrial zone - 4- , " . 9275.1.52 9275.1.53 9275.1.54 9275.1.55 9275.1.56 9275,1,57 9275.1.58 . 9275.1.59 9275.1, &:J 9275.1.61 9275,1.62 . . I Garages, C-M or any less restrictive commercial or industrial zone Hotels. C-2 or any less restrictive commercial.9l' iR1iI"litri~1 ::IgR9 Ice storage houses. C-M or any less restrictive commercial or industrial zone Motels, auto courts, and tourist courts. C-2 or any less restrictive commercia I.. v- : .J -trid Outdoor eat,ing establishments, C-C or any less restrictive commercial or industrial zone Roller skating rinks. C-2 or any less restrictive commercial or industricil zone Theaters. C-l or any less restrictive commercial ar industrial zone. Tinsmiths. C-M or any less restrictive commercial or industrial zone Upholstering. C-M or any less restrictive commercial or industrial zone Veterinary hospitals and veterinary clinics, each without outside runs. C-2,or any less restrictive commercial or industrial zone Wedding chapels. C-2 or any less restrictive commercial or industrial zone -5- . . I TITLE 2. PROCEDURE 9275.2 9275.2.1 . 9275.2.2 9275.2.3 9275.2.4 '", <) . FILING OF APPLICATION. An application for 0 conditional use permit sholl be mode in writing to the Planning Commission and in such form os is approved by the Planning Commission, The Planning Commission may provide forms for such purposes and maYal2r&e'i5i!=>Jldthro~p~flinfgrmation to be provided thereon. No petition shan !)e reeei. ea unless ,re'ompl ies ,-- with such requirements. Applications filed pursuant to this Division sholl be numbered consecutively in the order of their filing and sholl become o port of the permanent official records of the City, and there sholl be attached thereto copies of 011 notices and actions pertaining thereto. INFORMATION REQUIRED. Each application for 0 conditional use permit shall be accompanied by: 1. A plot plan and description of the property involved, plans and descriptions of the proposed use of the property, and ground plans and elevations for a II existing and proposed buildings, Information establishing the facts required to be shown bN Sec..tton 19,27<=; .1.2 . d b h PI . C .. Any adu,fiona Infafmaflon requIre y t e annlng ommlSSlon to evoluote the application. '\ 2. 3. i. FILING FEE. Before accepting for filing any application for a con- ditional use permit, the City shall, for the purpose of defraying the expenditures incidental to the proceedings described herein, charge and collect a fee of One hundred twenty-five dollars ($125.00). INVESTIGATION. The Planning Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide all information necessary to assure that the action on each such appl ication is con- sistent with the intent of this Chapter and with previous conditionol use permits, amendments, variances, or modifications. NOTICES. Upon the receipt in proper form of any application for a conditional use permit filed pursuant to this Division, the Secretary of the Planning Commission sholl fix a time and place for publ ic hearing thereon, to be held not less than ten (10) days nor more than forty (40) days thereafter, Not less than ten (10) days before the date of such public hearing, public notice shall be given of such hearing in the following manner: By mailing, postage prepaid, to the owners of the property within a radius of three hundred (300) feet of the exterior boundaries of the property involved in the appl ication, using for this purpose the last known name and address of such owners as shown upon the assessment rolls of the City or of the County. Such notice shall state the nature of the request, the location of the property, and the time and place of hearing. - 6 - I . '~ .1- ~-- ::;r;':'t'..J.~":;" s:.l.;::?..:..~L. I'Jitl1in ten (10) days after such '::'-:>c:Lsion ,)~. i;i'1,e Planning Comraission, the applicant, or any other pe~son a~grieved oy such decision, may appeal therefrom in writing to the City Council by filing such appeal with the City Cleric. Concurrent with the filing of any sueh appeal) a fee of One hundred dollars ($100.00) ahall be paid to the Treasurer if the appeal is upon the Planning Commission minutes and files involved in the appli- cation, If the appeal is to De upon the minutes and files in- volvin~ the application and a verbatim transcript of all hearings held thereon, the appellant shall so specify in his written appeal and in addition to aforesaid fee of One hundred dollars (~lOO.OO) shall deposit with the City Treasurer the estimated cost of preparing two copies of a verbatim transcript. upon . /. ... -., - <; - L_~ I . 9275.2.5 9275.2.6 9275.2.7 9275.2.8 v 9275.2.9 . . PUBLIC HEARING. Public hearings as provided for in this Division shall be held befare the Planning Commission at the time and place for which public notice has been given as required by Subsectian 9275,2.4. The Planning Commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued, in which event the presiding officer at such hearing shall, prior to the adjournment of such hearing, announce the time and place to which such hearing will be continued. FINDINGS AND DECISION. Within thirty-five (35) days after the conclusion of a publ ic hearing upon any matter, the Planning Commission shall render its decision thereon by formal resolution reciting the findings upon which such decisian is based. The Planning Commission action shall be final, subject to appeal to the City Council. SAME. The Planning Commission shall: a. Approve, or b. Approve with conditions, or d. Deny the proposed use, development, ar modification as requested in the application and as indicated in any required site plan, based upon findings drawn from the hearing and in accord with the con- ditions as provided in this Division. SAME. NOTICE. Within five (5) days after final action by the Planning Cammission on an application for a conditional use permit, notice of the decision in the matter shall be mailed to the applicant at the address shown upon the application and to all other persons who have filed a written request therefor with the Secretary of the Planning Commission. APPEAL. Within ten (10) days after such decision"by the Planning" Commission, the applicant, or any other person aggrieved by such decision, may appeal therefrom in writing to the City Counci I by fil ing such with the Clerk Clerl<. A fee of One hundred dollars ($100.00) shall be paid to the Treasurer concurrent with the filing of any appeal concerning a conditional use permit. In the case of appeal by a member of the City Council, such fee shall be waived. -7- ~ ~ - e completion of such transcript, one copy t~ereof shall be deliverea to appellant upon payment of the balance due, if any, upon the cost of its preparation and the other copy delivered'to the City Clerk for use by the City on such appeal. If the a~mount deposited to cover the estimated cost of the transcript exceeds the actual cost thereof, the excess of the deposit over the cost shall ~e refunded to appellant upon completion and delivery of appellant's copy of the transcript. At the first regular Council meeting following a decision of the Planning Commission made pursuant __ ,_ to this Title, any member of' the City Council may request and the City Council may, by the vote of a majorIty of its members entered upon the Council minutes, appeal the decision of' the Planning Commission and set a date of hearing thereon, If by such action the Council requests a verbatim transcript for use at the hearing on such appeal, a copy thereof' shall be made avail- able for inspection by any int;erested party. No fees shall be required in the case of an appeal thus instituted by the Council. 927...,2.10. SAME. HEARING. Upon receipt of' a written appeal in accordance with the preceding Section, the City Clerk shall set the matter for hearing, and shall give notice of the time, place and purpose of any appeal instituted pursuant to the preceding Section, in the same manner and time as prescribed by Section 927~,2.4, At such hearing tile Council shall review the minutes and files of the Planning Commission concernillg the matter, ano the verbatim transcript, if any. The Council may in its discretion hear arr;wnents from any interested party concernint; t;1e evidence and the inferences and decisions to De made therefrom, 9275.2.11. SAME. DECISION. At the conclusion of the hearing on appeal the City Council may: 1. Approve the decision of the Planninb Commissionj 2. Approve the decision of the Planning Commission Vii tn additional conaitionsj 3, Modify tJle decision Ol~ the Planning COllunissionj 4. Reverse the decision of the Planning COlrunissionj J. Refer the matter back to the Planning Commission for further study, hearings or recommendations. The decision of the City Council shall be final. ~' ~\ . . e 9275,2,10 ME, DISPOSITION OF PLANNING COMMISSION Up receipt of the appeal of the Planning Commissi the C. Cauncil may: a. adopt the findings and reco mission, or b. Cammission for further study, c. ce and transcript, the 1. Appro e, or 2. Ap ove with conditions, or yf. eny the case d. S the case for hearing before itself. At such hearing, the City Council shall hear and decide the case de novo. 9275.2.tk12,' EFFECTIVE DATE OF CONDITIONAL USE PERMIT. No permit or license shall be issued for any use involved in an application for a conditional use perm it until action on such appl ication shall hove become final by reason of the expiration of time to make an appeal herein provided. 9275.2.n13 EXPIRATION OF CONDITIONAL USE PERMIT. If for a period of six (6) months any use authorized by a conditional use permit is, or has been, unused, abandoned or discontinued or the conditions have not been complied with, said conditional use permit shall become null and void and of no effect. 9275.2.014 SAME. EXTENSION OF CONDITIONAL USE PERMIT. An extension thereof may be granted by the Planning Commission upon the written request of an interested person filed with the Planning Commission prior to the expiration of such six (6) months period. Said request shall set forth reasons supported by factual data why the conditional use permit has been unused, abandoned or discontinued or the conditions not complied with. No extension of any conditional use permit shall be granted unless the Commission finds the facts to be substantially as thus set forth and to constitute justifiable cause for such extension. - 8 - " . e I ~ , 9275.2~1~ REVOCATION. Any special use permit granted under this Division may be revoked by the Planning Commission or the City Council at a public hearing held after at least five (5) days written notice to the permittee, if the Cammission or Council finds upon evidence presented at such hearing that any condition of such conditional use permit or any valid regulation of a proper supervisory agency, including the City, has been violated without justifiaole excuse. . . - 9,- . , . TITLE 3,. REGULATIONS. DRIVE-IN BUSINESSES, 9275.3. GENERAL. The term "Drive-In Business" shall include all autamabile service stations and commercial parking lots, and shall include, but shall not be limited to banks, clothes cleaning establishments, dairy products stores, I iquor stores, and restaurants, where business or service is directly to an automobile and/or its occupants, or where an automobile discharges passengers for quick service where there is I ittle or no separation of pedes- trian and automobile traffic. In cases where there is a question the Planning Commission shall rule whether a use falls within the intent or purpose of this title. 9275.3.1 SAME. REGULATIONS. . Every such drive-in business sila! I lesubject to all of the regulations applicable to a permitted use in the district in which such drive-in business is located; provided, however, that whenever the regulations of this section are more restrictive (or impose higher standards or requirements), the requirements of this section shall control. 9275.3.2 SAME. LOCATION AND SITE REQUIREMENTS. The Planning Commission shall not grant any special use permit for a drive-in business unless it shall find that: A. the proposed use complies with all requirements set forth for the issuance of a special use permit. B. The proposed use will not substantially increase vehicular traffic on any street in a residentially zoned district. C. The proposed use will not lessen the suitability of any nearby commercially zoned property for commercial use by inter- ferring with pedestrian traffic. D, The proposed use will not create increased traffic hazards to pedestrians when located near a school, church, auditorium, theater, or other place of assembly. . 9275.3.3 SETBACKS. Setbacks shall be established by the Planning Commission where the~are eemefr necessar~ for the safety w.elfa~e and prqtecti n pf a Jacent r perty , There shall be Inlmum set ck of eet rr>m any ee 1;,ae . property I' . Where there is ow service t utomobiles it sh require that such s ce area be se ck a minimum of feet from any street e property I in , - 10 - . . . " 9275.3.4 9275.3.4 9275.3.5 9275.3.6 . e Additiona I set ks may be est shed by the Pia Commisso I deemed ne ary to provide f a operty values, ety, health, or ware. LOT AREA, Each drive-in business shall be located on a lot having an area of not less than 10,000 square feet, the minimum dimensions of which shall be not less than 100 feet. PARKING REQUIREMENTS. Every drive-in business shall be subject to 011 parking requirements applicable to the zone in which such use is located in addition to complying with the following: a. On site parking shall be provided for each employee on duty. The peak employment period shall be used to determine the number of employee parking spaces. b. No permanent parking of vehicles shall be permitted except when such use is for commercial parking purposes, c. No vehicles may temporarily park on sidewalks, parkways, or alleys, d. No vehicles may be parked on the premises and offered for sale, lease, or rent. ACCESSWAYS. Each developed site shall not have more than two accessways to anyone street, excepting that the Planning Commission has the right to prescribe additional requirements if it is deemed that a change in the location and number of accessways will reduce the possibil ities of traffic hazards so that, at maximum expected operation, neither streets nor sidewalks will be blocked or the safety of pedestrians or motorists be endangered by veh iculor movement into or from a proposed use. ACTIVITIES PERMITTED AND PROHIBITED. The following shall regulate activities an any drive-in business site: , a. Vehicles. No vehicles shall be parked on the premises other than those of persons attending to business on the site, vehicles being serviced for customers, vehicles of employees and tow trucks and other service vehicles. No vehicles shall be parked on streets, alleys, sidewalks, or required landscaped strips. - 11 - . ' . . . - 9275.3.7 . e b. Automobile Service Stations - At an automobile service station no activities other than the following shall be conducted: dispensing gasoline, oil, grease, tires, batteries, and automobile accessories directly to users of motor vehicles; tuning motors; wheel ond brake adjustment and other minor repairs and servicing of motor vehicles only to the extent of installation of tires, batteries and automobile accessories directly to users of motor vehicles. All other activities are prohibited, including, (but not limited to) upholstery work, auto glass work, painting, welding, tire recapping, and auto dismantling. SIGNS. Signs shall comply with the following requirements: a. Signs shall contain only such subject matter which refers ta the name of the establishment or to the goods and services sold on the premises on which the sign is located. b. The total area of signs on the property shall not exceed two (2) square feet of sign area for each lineal foot of property frontage, (Corner lots shall use only one side of street frontage to determine maximum sign area.) c. The maximum height of signs shall not exceed twenty-five (25) feet. d. One free standing sign not to exceed an area of 100 square feet shall be permitted. e. All other signs shall be mounted flat against the building. f. No billboards shall be permitted. g. No attraction boards shall be permitted. h. No sign shall project more than twelve (12) inches over public rights-of way. i. For sale or lease signs shall not exceed four (4) square feet. j. No moving sign or signs with any moving parts shall be permitted. Blinking, flashing, travelling, or moving lights or signs shall not be perm i tted . k. Signs shall not cause any glare or reflection or light on other property or buildings, I. Na banners shall be permitted. - 12 - . . . . . . 9275,3.8 9275.3,9 9275.3.10 9275.3,11 9275.3.12 9275.3.13 . . , - Fire Resistant Wall. Where a drive-in business adjoins property in o residential zone a six (6) foot high solid masonry wall shall be constructed on interior property I ines. When the wall reaches a paint twenty-five (25) feet back of the street s ide property line, it shall decrease to a height of thirty inches. Lighting, All outside lighting shall be so arranged and shielded as to prevent any glare or reflection, and any nuisance, inconvenience and hazardous interference of any kind on adjoining streets or property. Landscaping. Landscaping shall comply with the following require- ments: a. Five (5) ft. wide raised planters shall be located along the street side property line except for curb cut openings. b. Three (3) ft. wide raised planters along the walls of the interior property lines to a distance equal to the front building I ine (for this purpose canopys and other such structural appurtenances shall not be considered the front building line). c. 150 sq. ft. of raised planting area at the intersection of two property I ines at a street comer. d. Thirty (30) square feet of raised planting area along the building facades fronting on street. e. All planting areas shall be separated from adjacent asphaltic concrete pav'ing by six (6") inch minimum curb walls, f. All landscaped areas shall have permanent irrigation systems and such areas shall be planted and well maintoined. Utilities. All utilities service shall be installed underground from poles to buildings, Rest Roams Location. All rest rooms sholl be located to the rear of the building. Entrance shall be screened from view of adjacent properties or street rights-ofway by sol id decorative screen ing. Service Station Operation. No service stations shall be operated in a self-service manner. - 13 - . . . . - 9275,3.14 Deliveries. All deliveries made immediately adjacent ta residential zones sholl be between the hours of 7:00 a.m. and 10:00 p,m. 9275,3.15 Storage and Displays. All merchandise, wares, crates, etc. in the form of temp')rary and permanent storage or displays sholl be within the building except as otherwise provided in th is section. 9275.3.16 Trash areas, All outside trash, gorbage and refuse areas shall be enclosed on at leost three sides by 0 five foot block wall. Provisions for adequate vehicular occess to and from such oreas for collection of trash and garbage shall be prov ided. 9275.3.17 Automobile Service Stotion Sole, Lease, or Rental Items. No sole, lease, or rental of items, i.e., trailers, trucks, 'lO'rJl1 plaP, cigaretts (except in dispensers within the building) peat moss, toys, etc. or anything not clearly incidental to the automotive industry sholl be permitted. Outside placement of soda pop dispensers when associated with 0 water sool ins system may be approved by the Plonn ing Commission. spft drinks, I 9275.3.20.- " WAIVER OF REQUIREMENTS. The Planning Commission may waive any of ~he regulations specified in this Title upon a showing by the applicant and a finding by the Commission that any such regula- tion is inappropriate or inapplicable either to the intended use of the property or to the property itself, or to adJacent property. The Planning Commission further recommends the repeal of all appropriate Sections of the Arcadia Municipal Code specifying uses in other zones which are transferred to Title 1 by any of the foregoing provisions. This Co~ssion further recommends the repeal of all of Title 4 containing Sections 9275.4 through 9275.4.1 dealing with Custom Dressing. - 14-