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HomeMy WebLinkAbout0717 , ~ ,') \ - ORDINANCE NO. 717 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, AMENDING ORDINANCE NO. 635 OF THE CITY OF ARCADIA, ADOPTED MARCH 18, 1947, AND MAKING A PERMANENT EXCE~ION TO CERTAIN PROVISIONS OF ORDINANCE NO. 439 OF SAID CITY, ADOPTED ~JNE 28, 1940. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 1 of Ordinance No. 635 of the City of Arcadia entitled "An Ordinance of the City Council of the City of Arcadia classifying certain real property for zoning purposes and establishing sald property in Zone R-3 and Zone C-l of said City as, defined in Ordinance No. 439 of said City, a dopted June 28; 1940", adopted March 18, 1947, be and the same is hereby amended to read as follows: "SECTION 1. Petition of Harold Jackson and Norma Leadlay Jackson ha.ving been filed in the office of the Planning Commission of the City of Arcadia, pursuant to the pro- visions of' Ordinance No. 439 of said City, adopted June 28, 1940, asking that an exception be made affecting the property described in s aid petition, and setting forth the specific reasons therefor and the circumstances in connection therewith, and recommendation baving been made to this Council, and a full investigation and consideration of the fac'ts having been made by this Council pertinent to this pe'tition; this Council determines that there are exceptional or extraordinary c ircums tances or condi tions. applicable to the property involved and to the intended uses thereof that do not apply generally to the property or classes of uses in the same IDne or district in which said property is located, and will not be inconsistent with the general purposes of said Ordinance No. 439, andl that said property shou~d be excepted from the provisions of the ZonE' created by said Ordinance No. 439 affecting -1- ''''DEX~D UAr.l 7/;7 " \ said property, but only insofar as hereinafter set forth; and the I'equirements of said Ordinance No. 439 pertaining to the cc>nsent of adjacent property owners having been complied with: This Council, therefore, excepts from the provisions of the respective zone of Ordinance No. 439 of the City of Arcadia the hereinafter described property but only insofar as such exception is necessary to permit the following described property, to wit: A portion of Lot 68, Santa Anita Colony, in the City of Arcadia, County of Los Angeles state of California, as shown on Map recorded in Book 42, Page 87 of Miscellaneous records, in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the east line of El M,mte Avenue with the south line of Las Tunas Driv'3, thence east 85 feet, thence south 165 feet, then,~e east 40 feet, then south to a line 100 feet north at right angles from the north line of Live Oak Avenue, thence west parallel with Live Oak Avenue to the east line of El Monte Avenue, thence north to beginning. to be used for the purpose of constructing, maintaining and operating thereon a twelve-unit apartment building, with garages fe,r the use of the tenants of such building, such building to be constructed substantially in accordance with the sketch. submitted by peti t10ners and attached to the afore- mentioned petition. This exception is granted upon the following conditions: (a) That said property shall not at any time be used for any purpose or purposes not allowed in Zone R-l of the City of Arcadia except as provided in this Ordinance; (b) 'rhat in case any of the provisions of this Ordinance -2- {/--td: 7// " are violated, the property above described shall revert to Zone R-l as defined in said Ordinance No. 439 and the rights and priv1.1eges herein granted shall cease and terminate, in the event that any such violation is not terminated within thirty (30) days or such further time as the City Counci~ may decide that the owners of said property in the exercise of due dilieence require to correct such violation after the owners of said property have been given written notice by the City Council of such violation.n SECTION 2. That Section a of Said Ordinance No. 635 be and the same is hereby amended to read as follows: nSECTION 2. Pursuant to the written request of the owners of the hereinafter described real1,property, and upon the recom- mendation of the Planning Commission of the City of Arcadia, said real property is hereby established as a district in Zone C-l under the provisions of Ordinance No. 439 of the City of Arcadia, adopted June 28, 1940, and from and after the effective date of this Ordinance said real property shall become and be a portion of the district as herein indicated. Said rea~ property is more particularly described as follow~: A portion of Lot 68, Santa Anita Colony, in the City of Arcadia, County of Los Angeles, State of California, as shown on map recorded in Book 42:, Page 87 of Miscellaneous Records in the office of the County Recorder of said County, described as: follows: Beginning East 85 feet from the intersection of the East line of El Monte Avenue with the South line of Las Tunas Drive;; thence East 232 f'3et: thence South to a line 100 feet North at right angles from the North line of Live Oak Avenue: thence West parallel with -3- c.;l/t,c./ 7/7 " Live Oak Avenue to a line east 125 feet at right angles from the east line of El Monte Avenue: thence north to a point south 165 feet from the south line of Las Tunas Drive: thenee west 40 feet: thence North 165 feet to beginning.lti SECTION 3" That the foregoing amendment is in the public interest in that Section 1 of said Orainance No. 635 hereby amended erroneously provided for a rezoning of the aforesaid property into Zone R-3 whereas the application of petitioners, considered by the Planning Commi:3sion and the City Council, requested a specific ex.- ception as to such property, which exception was granted by said Council in accordance with the provisions of Section 1 of Or- dinance No. 635, as amended herein; that this amendment is neces- sary to carry out the real purpose and intent of the City CouncilL in the premises. SECTION 4~ The City Clerk shall certify to the adoption of this Ordinance and prior to the expiration of fifteen (15) days: from the passage thereof, shall cause the same to be published once in the Ar'~adia Tribune and Arcadia News, a newspaper of general circulation, published and circulated in the City of Arcadia, and thirty (30) days from and after t he final passage thereof said Ordinance shall take effect and be in force. I HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, held on the 17th day of August, 1948, by the affirmative vote of at least three Councilmen, to wit: AYES: NOES: ABSENT: Councilmen, None None Boucher. Ewing. Klomp. Nugent and Russell SIGNED and APPROVED this ~~~~' City C er of the City of r ia 17th day of August, 1948. '-.- ' /:J <L:::l /"1' ~, Mayor of the City /~Cr of Arcadia. ATTEST: ~e~' C1 Y ;- er~ -4- C/l?/7/;/