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HomeMy WebLinkAbout1728 ARCADIA AMENDING SECTION 9233.8 OF THE ARCADIA MUNICIPAL CODE TO REZONE THE AREA BOUNDED BY THE 210 FREEWAY ON THE NORTH, FIFTH AVENUE ON THE EAST, THE AT&SF RAILROAD ON THE SOUTH AND SECOND AVENUE ON THE WEST FROM M-l, C-2, AND C-2D TO CPD-l AND ADDING AN "H" (HIGH RISE) OVERLAY TO THE NORTH-EAST CORNER OF HUNTINGTON DRIVE AND SECOND AVENUE. WHEREAS, the City of Arcadia initiated Zone Change Z-8l-2, requesting a Zone Change from M-l, C-2, and C-2D to CPD-l (Commercial Planned Deve10pment-1) for the area bounded by the 210 Freeway on the North, Fifth Avenue on the East, the AT&SF Railroad on the South, and Second Avenue on the West, legally described in Exhibit "A" attached hereto, and adding an "H" overlay to the property at the North-east corner of Second Avenue and Huntington Drive, legally described in, Exhibit "B" attached hereto. WHEREAS, a public hearing was held before the City Council on July 7, 1981, at which time all interested persons were given full opportunity to be heard and to present evidence. WHEREAS, the City Council of the City of Arcadia has adopted Resolution No. 4981 certifying review and consideration of the final environmental impact report for this project making the necessary find- ings therein as required by lawl NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Section 9233.8 of the Arcadia Municipal Code is hereby amended by amending the zoning map contained therein so that the property legally described in Exhibit "A" 'attached hereto, which is by this reference incorporated herein, presently zoned M-1, C-2, and C-2D, shall hereafter be zoned CPD-1 (Commercial Planned Deve10pment-l). SECTION 2. That Section 9233.8 of the Arcadia Municipal Code is hereby amended by amending the zoning maps contained herein so that the property legally described in Exhibit "B" which is attached hereto and by this reference incorporated herein, presently zoned M-l, and rezoned CPD-l by Section 1 herein, is hereby rezoned CPD-1H (Commercial Planned Development-l, Special Height Zone. -1- 1728 men 0 e ty ounci1 for the hearing on this zone change is true and cor- rect; that this zone change is consistent with the General Plan; that this zone change would allow for a more harmonious, flexible and desirable development of the area; that the public convenience, necessity, general welfare and good zoning practice justify the proposed zone change; that the new zoning is the highest and best use of property consistent with present zoning classifications. SECTION 4. 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 anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 5. 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 as affecting any of the provisions of such ordinance relating to the collection of any such licenae 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 posted, filed or deposited pursuant to any ordinance and all rights and ob1igationa thereunder appertaining shall continue in full force and effect. SECTION 6. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be ,published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. US ,,:::':: :: "'m'" ~,':: "rug~:';\l'st' ;;, /;;";!f:::"- ~~ City Clerk of the City of Arcadia ~yor of the City of Arcadia I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 4th day of August, 1981, by the affirmative vote of at least three Councilmen, to wit: AYES: Council Members Dring, Haltom, Pellegrino, Saelid NOES: NONE ~ ABSENT: NONE ~ /44f City Clerk -2- 1728