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HomeMy WebLinkAbout1655 ORDINANCE NO. 1655 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION 9233.12 OF THE ARCADIA MUNICIPAL CODE TO REZONE PROP- ERTY AT 671 NAOMI TO THE NORTHWEST CORNER OF LOVELL AND NAOMI AVENUES, INCLUDING 1307 AND 1315 LOVELL, FROM R-l, R-2 AND PR-l TO C-O & D (PROFESSIONAL OFFICE WITH ARCHITECTURAL DESIGN OVERLAY) AND ADOPTING REGULA- TIONS THEREFOR WHEREAS, the City Council of the City of Arcadia held a public hearing on September 19, 1978, for the purpose of considering changing the zone from R-l, R-2, PR-l to C-O & D (Professional Office with an Architectural Design Overlay) for the property hereafter described; and WHEREAS, all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 9233.12 of the Arcadia Municipal Code is hereby amended, by amending the zoning map contained therein so that the property from and including 671 Naomi Avenue to the north- west corner of Lovell and Naomi Avenues, including 1307 and 1315 Lovell Avenue, hereafter legally described and referred to herein as "Property", presently classified as R-l, R-2 and PR-l, shall hereafter be classified as C-O & D (Professional Office and Archi- tectural Design Overlay). Said Property is more particularly des- cribed as follows: Lots 5 through 14, inclusive, and Lot 16 of Tract No. 4611 as per map recorded in Book 51, page 82 of Los Angeles County excepting therefrom the of Lots 11 through 14, inclusive; Maps, records of southerly 12 feet '"\ Section 2. tion presented the hearing on zone change is We find and determine that all 'written documenta- by the Planning Department to the City Council for this zone change is true and correct; that this consistent with the general plan; that this zone -1- 1655 change would allow for a more harmonious and desirable development of the area; that the public convenience, necessity, general wel- fare and good zoning practice justify the proposed zone change; that C-O & D zoning is the highest and best use of Property con- sistent with present zoning classifications; and that said zone change will not have a significant effect on the environment due to the mitigation of such effects by the regulations set forth herein. Section 3. That the following restrictions are hereby made applicable to Property under Zone D (Architectural Overlay): a. The height of all buildings constructed on the subject properties shall be limited to two (2) stories, not to exceed 30 feet in height. b. There shall be a minimum setback of 55 feet from the center line of Naomi Avenue. c. No vehicle parking shall be located within the required front yard setback. d. Seventy-five percent (75%) of the required front yard, not used for driveway purpose, shall be landscaped. e. Vehicular access to the properties shall be from one- way ingress drives off of Naomi Avenue. f. A plot plan and elevations showing the proposed develop- ment of the subject properties shall be submitted to and approved by the Planning Commission prior to the issuance of any building permit. g. The Planning Commission and the City Council may modify any of the foregoing conditions if such modification will not ad- versely affect property or improvements in the vicinity and if such 'modification will equally accomplish substantially the same results as will adherence to the foregoing conditions. Section 4. No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any per- son violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of -2- 1655 a misdemeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jail or County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinance is committed, con- tinued, or permitted by such person and shall be punishable accordingly. Section 5. In addition to the penalties provided in the pre- ceding Section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a pUblic nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. 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 jurisdic- tion, 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 ir- respective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or un- constitutional. Section 7. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prose- ,cutlon 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. -3- 1655 Section 8. 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 with- in fifteen (15) days after its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meeting held on the 17th day of October ,1978. SIGNED AND APPROVED this 17th day of October 1978. dia ATTEST: ~d~~ City Clerk 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, Cal itornia, held on the 17th day of October 1978. by the affirmative vote of at least three Councilmen to wit: AYES: Councilmen Margett, Pellegrino, Saelid and Parry NOES: None ABSENT: Councilman Gil~~L~/ City Clerk of the City of Arcad~a -4- 1655