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Home My WebLink About1744 SECTION 3 OF ORDINANCE NO. 760 INSOFAR AS IT IMPOSES C-2 ZONING ON l30 WEST HUNTINGTON DRIVE AND AMENDING ARCADIA MUNICIPAL CODE SECTION 9233.10 OF THE ZONING ORDINANCE TO RECLASSIFY PROPERTY AT 130 WEST HUNTINGTON DRIVE FROM C-2 ,TO C-2 & H (HIGH-RISE OVERLAY) SO LONG AS SPECIFIED CONDITIONS ARE COMPLIED WITH. WHEREAS, an application Z-81-6 was filed on November 23, 1981 by John Kirkpatrick on behalf of TOWA Corporation, hereinafter referred to as "Applicant", requesting zone change 81-6 to add an "H" (high-rise) , overlay to the C-2 zoned property at 130 West Huntington Drive, more particularly described in attached Exhibit "A", hereinafter referred to as "Property". WHEREAS, a public hearing was held by the City Council on Z-81-6 and a draft EIR therefor on April 6, 1982, at which time all interested persons, were given full opportunity to be heard and to present evidence. WHEREAS, on April 20, 1982 the City Council adopted Resolution No. 5037 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADOPTING, AS THE LEAD AGENCY, THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SANTA ANITA PLAZA-HOTEL AND OFFICE DEVELOPMENT, AND CERTIFY- ING ITS PREPARATION IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, STATE GUIDELINES AND CITY OF ARCADIA RULES IMPLEMENT- ING THE SAME, AND CERTIFYING ITS REVIEW AND CONSIDERATION AND MAKING FINDINGS OF OVERRIDING CONSIDERATIONS RELATING TO MITIGATION MEASURES AND PROJECT ALTERNATIVES FOR ZONE CHANGE Z-81-6 IMPOSING A HIGH-RISE OVERLAY AND CONDITIONAL USE PERMIT 8l-15 FOR DEVELOPMENT OF 130 WEST HUNTINGTON DRIVE." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES I HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Section 3 of Ordinance No. 760 is hereby suspended and shall remain inoperative only insofar as it 'imposes C-2 zoning on Property which is legally described in Exhibit "A" which is by this reference incorporated herein, and Section 3 of this Ordinance No. 1744 shall remain operative only so long as: -1- 1744 as per plans on file for Conditional Use Permit C.U.l'. ~.1.-.1.::>, nere.lIl- after referred to as C.U.P. 81-15, comply with all conditions of approval of C.U.P. 81-15, and comply with mitigation measures required by Resolution No. 5037 and C.U.P. 81-15, within one year from the effective date of C.U.P. 81-15 or within such extensions of time as applied for by Applicant or his successors in interest and granted by the Planning Commission or City Council. SECTION 2. Whether or not the conditions set forth in Section 1 of this ordinance have been complied with shall be determined by the City Council which determination shall be final and conclusive. If the City Council of the City of Arcadia makes a determination that the conditions set forth in Section 1 of this ordinance have not been com- plied with, then Section 3 of Ordinance No. 760, suspended by Section 1 of this ordinance insofar as it imposes C-2 zoning on Property, shall be deemed, for all purposes, to have been in full force and effect at all times from May 21, 1982, and Section 3 of this Ordinance No. 1744 shall become deemed to have had no force or effect at any time. SECTION 3. That Section 9233.10 of the Arcadia Municipal Code is hereby amended, by amending the zoning map contained therein so the Property as described in Exhibit "A" attached hereto, presently classi- fied as C-2, shall hereafter be classified as C-2 & H. SECTION 4. We find and determine that all written documentation presented by the Planning Department to the City Council for the hearing on this zone change is true and correct; that this zone change is con- sistent 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 classi- fications. SECTION 5. That this Ordinance No. 1744 is hereby adopted pur- suant to the powers granted the City of Arcadia by Section 200 of the Arcadia City Charter. -2- 1744 SECTION 6. 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 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 posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 7. 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. PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meet- ing held on the 4th day of May , 1982. SIGNED AND APPROVED this 4th day of May" 1982. ~~~~- City Clerk of the City of Arcadia Mayor I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Counc il of the City of Arcadia, California, held on the 4th' day of May., 1982 , by the affirmative vote of at least three Councilmen, to wit: ,AYES: Councilmen Dring, Haltom, Hannah, Lojeski & Pellegrino NOES: None ABSENT: None ~~ City Clerk of the City of Arcadia " "-,. -3- 1744