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HomeMy WebLinkAbout1708 AN ORDINANCE OF TIlE CITY OF ARCADIA SUSPENDING ORDINANCE NO. 1625 AND ARCADIA MUNICIPAL CODE SECTION 9233.3 OF TIlE ZONING ORDINANCE TO RECLASSIFY TIlE ANOAKIA AREA AT 701 \lEST FOOTIIILL BOULEVARD FROM R-O 30,000 & D TO'R-0.22,OOO & D. TIlE CITY COUNCIL OF TIlE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOU.OWS: SECTION 1. That we hereby make the following findings of fact upon which this ordinance is based: A. An application was filed by Lowry B. Mccaslin on February 19, 1980, requesting a zone change from R-O & D 30,000 to R-O & D 22,000 for the property at 701 West Foothill Boulevard, hereinafter referred to as "Anoakia area", more particularly described as follows: Portion of Lot 3, Tract No. 948, Map Book 17, Page 21, and portions of Rancho Santa Anita Tract, Pat. 1, 97 & 98. B. A public hearing was held on May 6, 1980, at which t~e all interested persons were given full opportunity to be heard and to present evidence, and..-:-' Lowry B. Mccaslin's representative and agent Mark Mccaslin, his son, represented on , applicant's behalf that applicant is willing to agree to comply with all provisions contained in Resolution No. 4740 (architectural design) pertaining to Anoakia area, and abide by all decisions rendered thereunder. C. That but for applicant's agreement to comply with all provisions contained in Resolution No. 4740 (architectural design) and abide by all decisions rendered thereunder, that R-O 22,000 & D would not be the highest and best use of the Anoakia area consistent with present zoning c1assificstions, and that R-O 30,000 & D would be the highest and best use of the Anoakia area consistent with present zoning class1fica- t ions. D. That so long as applicant and his successors in interest to the Anoakia area comply with Resolution No. 4740 and any amendments thereto and abide by all decisions rendered thereunder, then R-O 22,000 & D zoning is the highest and best use of the Anoakia area conaistent with present zoning classifications. E. That so long as applicant and his successors in interest to the Anoakia area comply with Resolution No. 4740 and any amendments thereto and abide by all decisions rendered thereunder, then R-O 22,000 & D zoning will provide uniform zoning within the -1- 1708 -' welfare justify the above zone change, and it will provide economic and social advant- ages resulting from an orderly planned use of land resources. SECTION 2. That portion of Ordinance No. 1625 imposing R-O 30,000 & D zoning on the Anoakia area, is hereby suspended and that portion shall remain inoperative and this Ordinance No. 1708 shall remain operative only so long as applicant and his successors in interest comply with Resolution No. 4740 of the Arcadia City Council and any amendments thereto, and ab:lde by all decisions rendered thereunder as determined by the City Council of the City of Arcadia. Any such determination by the City Council of the City of Arcadia shall be final and conclusive. If the City Council of the City of Arcadia makes a deter- mination that applicant or his successors in interest have failed to comply with Arcadia City Council Resolution No. 4740 or any amendments thereto, or have failed to abide by all decisions rendered thereunder, then that portion of Ordinance No. 1625 hereby sus- pended shall be deemed, for all purposes, to have been in full force and effect at all times from and after May 19, 1978. SECTION 3. That Section 9233.3 of the Arcadia Municipal Code is hereby amended, by amending the zoning map contained in said Section 9233.3 so that the property commonly known as the "Anoakia a~ea", hereinafter referred to as such, presently classified as R-O 30,000 & D First One-Family Zone and Architectural Design Zone, shall hereafter be classified as R-O 22,000 & D First One-Family Zone and Architectural Des ign Zone. SECTION 4. That this Ordinance No. 1708 is hereby adopted pursuant to the powers granted the City of Arcadia by Section 200 of the Arcadia City Charter. SECTION 5. That the adoption of Resolution No. 4740 is hereby ratified and reaff irmed. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted. this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that ~~y one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 7. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of' ordinances, which violations were committed prior to the effective date hereof, nor be construed a~ affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be o , ""0 .I. ~~~~..~.............. c;.A.!lU dl.l. rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 8. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of the City within fifteen (15) days upon its adoption. Passed, approved and adopted this 20th day of June, 1989. ATTEST: A) Arcadia Clt rk STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1708 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 20th day of June, 1989, and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmembers Harbicht, Lojeski, Young and Chandler NOES: None ABSENT: Councilmember Gilb ~. 'dA) Cit erk of ~~ t Ci ty\of Arcadia -3- 1708