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ORDINANCE NO. 1284
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA,
AMENDING THE ARCADIA MUNICIPAL CODE
BY ADDING A NEW PART 4 ENTITLED
"MODIFICATION OF ESTABLISHED;
SETBACKS" TO CHAPTER 3 OF ARTICLE
IX THEREOF.
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 3 of Artacle IX of the Arcadia
Municipal Code is hereby amended by adding thereto a new Part 4
"
entitled "Modification of Established Setba~ks" containing Sections
9341 through 9341.J, the same to read respectively as follows:
ARTICLE IX.
CHAPTER 3,
PART 4,
DIVISION AND USE OF LAND
SETBACKS
MODIFICATION OF ESTABLISHED SETBACKS
934l, MODIFICATION. Any setback established pursuant to
this Chapter may be altered or modified pursuant to any of the fol-
!I
lowing subsections,
9341.1. SAME. REESTABLISHMENT.: By the establishment pur-
suant to Part 1 of this Chapter of a new setback affecting the same
property,
9341. 2 . SAME. SUBDIVISIONS. BYI the affirma ti ve vote of
a majority of the members of the City Council entered upon the Coun-
i
cil minutes in its action approving a final', tract map of a subdivision
with respect to all or any portion of the property within such sub-
division,
9341. 3. SAME. LOT DIVISION. By the affirma ti ve vote of
a majority of the members of the Planning Commission entered upon
the minutes of said Commission in its. indication pursuant to Section
9122 of its intention to approve a division of property; provided,
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however, that any such setback modification shall not be effective
until the division of the property with respect to which such setback
modification was made shall have become fidal in accordance with the
"
provisions of Part 2 of Chapter 1 of this Article,
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9341,4. SAME. MODIFICATION COMMITTEE. By the unanimous
,
vote of the members of the Modification Committee, upon application
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duly made and processed pursuant to Division 2 of Part 9 of Chapter 2
of this Article; provided, however, that the Modification Committee
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shall have no authority to modify any setback established pursuant
to this Chapter unless the Director of Public Works certifies in
writing that the requested or proposed setoack modification will not
adversely affect any proposed widening of the street upon which such
setback was established, or unless the Director of Public Works cer-
:'
tifies in writing to the Modification Committee that there is no
foreseeable need for street widening purposes of any of the property
affected by the requested or proposed setback modification.
9341,5. SAME. RECLASSIFICATION., By ordinance of the
City Council adopted as part of or concurrept with the adoption of
'I
I'
an ordinance reclassifying for zoning purposes property subject to
a setback established pursuant to this Chapter.
9341.6, SAME. CONDITIONAL USE P?RMIT. By resolution of
the Planning Commission granting a conditional use permit, with re-
spect to the property affected by such cond~tional use permit.
943l,7, SAI1E. VARIANCE. By resolution of the City Coun-
cil granting a variance, with respect to the property affected by
such variance,
SECTION 2. This Ordinance is hereby declared by the City
Council to be necessary as an emergency measure for preserving the
public peace, health and safety and shall take effect immediately
upon its adoption, A statement of the reasons for its urgency is
,
as follows: The Arcadia Municipal Code establishes no procedure for
the modification of special setbacks established pursuant to Chapter
3 of Article IX of the Arcadia Municipal Code, The reclassification
of property for zoning purposes, the subdivision or resubdivision of
property, the division of lots and other conditions frequently warrant
'(ilnd in some instances require a modificatiod of special setbac,ks
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established pursuant to Chapter 3 of Article IX of the Arcadia
Municipal Code, That numerous matters are now pending before the
Planning Department, the Planning Commission and the City Council
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the proper culmination of which require the modification of special
setbacks heretofore established, and unnecessary hardship in all
cases and financial loss in some cases will occur unless the required
modifications can be made at once, It is therefore necessary that
this ordinance take effect immediately upon its adoption.
SECTION 3. The City Clerk shall certify to the adoption
of this ordinance.
I HEREBY CERTIFY that the foregoing ordinance was adopted
on the ;;( D
day of
,
of the City Council of the City of Arcadia held
~ ' 1965, by the affirmative vote of at
at a regular meeting
least three Councilmen, to wit:
AYES:
COUNCILMEN BALSER, CONSIDINE, FORMAN, tURNER AND REIBOLD
NOES:
NONE
ABSENT: NONE
~J~A.
City Clerk of the City of ~
SIGNED AND APPROVED this
1965,
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( SEAL)
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1284