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HomeMy WebLinkAbout0585 ORDINANCE NO. 585 AN ORDINAilCE OF THE CITY COUNCIL OF THE CITY OF ARCA;)lA, CALIFORNIA, ~IAKING A CONDITIONAL VARIANCE TO CERTAIN PROVISI01':S OF ORDINANCE NO. 43tl OF SAID CITY, PURSUANT TO THE PROVISIONS OF SECTION 25 THEREOF. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFOR.UA, DOES ORDAIN AS FOLLOWS: SECTION 1. A petition signed by A. Jean LYman, having been filed in the ofUce of the City Planning C011lll\ission pursuant to Section 25 of Orc.inance No. 439, entitled, "An Ordinance of the City Council of the City of Arcadia, establishing in said City of Arcadia, zones or districts and re~ulatinG therein the use of property, hei~ht of buildin~s and requiring open spaces for light and venti- lation; to regulate and restrict the location of trades and industries and the location of buildin3s designed for specified uses; providing for the enforcement and prescribing penalties for the violation thereof," adopted on the 28th day of June, 1940, asking that a con- ditional variance be made affecting the property described in said petition and setting forth the specific reasons therefor and the circumstances in connection therewith, and recommendation having been made by the Planning Commission to this Council, and a full investi~ation and consideration of the facts having been made by this Council pertinent td such petition; the Council deter:nines that there are exceptional or extraordinary circumstances or conditions applicable to the property involved and to the intended uses thereof that do not generally apply to the property or classes of uses in the same zone or district in vlhich said property is located, and will not be inconsistent with the general purposes of Ordinance No. 439; This Counc:Ll therefore grants a conditional variance from the prOVisions of said Ordinance No. 439, but only so far as such variance is neces:3ary to permit the follovllng described property, to wit: Southerly ?2.89 feet (measured on the Vlest line) of Lot 36, Tract No. 3430, in the City of Arcadia, County of Los Angeles., State of Cali.fornia, as shovm on map recorded in Book 42, Page 32 of ilaps, records of Los An~eles County, -1- a- cf 6-,) .1;,--' 'HD1;xr;D to be used for the purposes of erecting, maintaining and operating a nursery school for children of pre-school age on said premises. This condJ. tional variance is granted upon the following terms and conditions: (a) That no building permit be granted for the construction, alteration or erection of any building upon said property unless the plans and specifications be first submitted to the Building Inspector of the City of Arcadia and that said plans and specificatIons and shall buildiLg shall in all particulars comply with the building Ordinance and saLitary regulations of the City of Arcadia; (b) That said property shall not at any time be used for any , " purpose of purposes not allowed in Zone R-l of the City of Arcadia except as provided in this Ordinance; (c) That the rights and privileges granted by this Ord- inance are accepted by the persons affected thereby upon the express condition that this Ordinance granting the privileges herein specified shall terminate, cease and have no further force and effect after two (2) years from the effective date of this Ordinance; (d) That upon any violation of any of the provisions of this Ordinance, the uses herein ~rmitted shall cease and terminate and the property above described shall revert to and become a part of the zone in wh:Lch the property is now situated. SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and prior to the expiration of fifteen (15) days from the po.ssage thereof, shall cause the same to be PUblished once in the Arcadia Tribune and Arcadia News, a newspaper of Beneral circulation, published and circulated in the City of Arcadia, and thirty (30) days from and after the final passa3e thereof said Ordinance shall tS.ke effect and be in force. -2- C:!tC'/ S-J..s- ed regular meeting of the City Council of the City of Arcadia. I hereby oertify that the foregoing Ordinance Vias adopted at an adjourn- held on the 1st day of May, 1946. by the affirmative vote of at least three Coun<:ilmen, to wi t: AYES: Cow1cilmen. Adcock, Cornyn, Nugent, Ormsby and Russell NOES: None ABSENT: None ~r~~' Ci ty Clerk .....-: Signed and approved thiS~ay of May, 1946. ?n.#~ dayor ATTE~T: . ~~/~~~. -3- (/.'l.'i"/ S-,f,r A.FFIDA VIT OF PUBLICATION f STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) S S ......Jf.....H!;!.r.9.J.4.....f\9.!?.9.h................................................ of said County and State. being duly sworn, says: That he is and at all times herein mentioned was a citizen of the united States. over eighteen years of age, and not a party to nor interested in the a.bove entitled matter. that he Is the...)!;.4.A:!;.Q!'................of THE ARCADIA TllUBUME AND HEWS a newspaper printed and published weekly In the CIty of ArolIdla. C<lunty of Los Angeles; tihat sdd newspaper luul been continuously printed and pub- Ushed once each week for 8 period of more than one year prior to ,the date hereof; that said newspa_,et' is a paper of general circulation. having a bona fide subscription list of paid subscrtbers; that the ........'Or.d1.nauc..e....NQ........5.8.5....................._............... In the above entitled matter. of wh1eh tIhe anne:<ed b a printed copy. was publlsl1ed Il. saId newspaper and not in a supplement thereof on the followtne day........lo-w1t: ...............................M.~y.....~......l~.1.!L.................._........._... -....-..-......-..-....--.........-.......--.....---.-.-.----- .........--..............-....--........--........-..-......-........-....-......-.--. ORDINANCE No. 585 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA. CALIFORNIA, MAK- ING A CONDITIONAL VARI- ANCE TO CERTAIN PROVI- SIONS OF ORDINANCE No. 439 OF SAID CITY, PURSUANT TO THE PROVISIONS OF SECTION 25 THEREOF. THE CITY COUNCIL OF THE elTY OF AReADlA. CALIFOR- NIA. DOSS ORDAIN AS FOL- LOWS: . SECTION 1. A petition signed by A. Jean Lyman, having been filed in the office of the City Plan- ning Commission pursuant to Sec- tion 25 of Ordinance No. 439, en- titled, "An Ordinance of the City Council of the City of Arcadia, establishing in said City of Arcadia, zones or districts and regulating therein the use of property, height of buildings and requiring open spaces tor light and ventilation; to regulate and restrict the location of trades and Industries and the loca- tion of buildings designed fOf speci- fied uses: providing for the enforce- ment and prescribing .penalties for the violation thereof," adopted on the 28th day of June, 1940, asking that a conditional variance be made affecting the property described in said petition and setting forth the specific reasons therefo:' and the circumstances in connection there- with. and recommendation having been made by the Planning Com- missIon to this Council, and a. full investigation and consideration of the facts having been made by this Council pertinent to such petition; the Council determines that there are exceptional or extraordInary cir- cumstances or conditions applicable to. the property Involved and to the intended uses thereof that do SUbscribed ~ .....orn"ilibet me. thla..............._.. ........ .../.. ...._.........day of.. U.......l94.,.. .......~.........,............_...........~ Notary PublJc In anti f~y Jig~lr:A"i' J'f~' __2. 11141 1... State of OeIltornl&. not generally apply to the property or classes of uses in the same zone or district In which sald property is located, and w1ll not be Inconsistent with the general purposes of Ordi- nance No. 439; This Council therefore grants a conditional variance from the provI- sions of said Ordinance No. 439, but nly so far as such variance is neces- sary to permit the following de- scrIbed property. to wit: Southerly 72.89 feet (measured on the west line) of Lot 36, Tract No. 3430, in the City of Arcadia. COunty of Los Angeles, state of California. as shown on map recorded In Book 42, Page 32 of Maps, records 01 Los Angeles County. to be used for the purposes of erecting, maIntaining and operat- ing a nursery school for children of pre-.school age on said premIses. T his conditional variance is granted upon the following terms and conditions: (a) That no building pennlt be granted for the constrnction, altera- tion or erection of any building upon saId ,property unless the plans and specifications be first sub- mitted to the Building Inspector of the City of Arcadia and that saId plans and speCifications and said building shall In all particulars com- ply with the buildIng Ordinance and sanitary regulations of the City of ArcadIa: (b) That saId property shall not at any time .be used for any purpose or purposes not allowed In Zone R-l of Ule City of Arcadia except as provided In this Ordinance; (c) That the rights and privI~ llOlKes granted by this OrdInance are accepted by the ,persons affected thereby upon the express condition that this Ordinance granting t.he privileges herein specIfied shall ter- minate, cease and have no further r7A..t"jl, -..:;--rS- AFFIDA \lIT OF PUBLICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELBS ) s s F Harold Roach ,........_.t.............._...................................................._........_.._..._.._... Of said County and State. being duly sworn, Says: That he 18 and at all t1mes here-in mentioned was ... citizen of the United States. over eighteen years Of age, and not a party to nor interested in the above entitled matter. that he Is the.F.:.(lJ.:tQ~...........______.of THE ARCADIA TRIBUNE AND MEWS " newspaper printed and published weekly In the CIty of Arcadia. county of Los Angeles: _t sa!d "_aper has been continuously printed and pub- lished once each week for Q period of more than one year prior to .the date hereof: that said newsps."" Is . paper of general circulation, having 8 bona fide subscription llst of paid subscribers: that the ....M~y.....'i!.,....J.~.~~...............___................._........_............... In the above entitled matter. of which tlhe ~ 1$ a printed copy. WBB pubUshed In saId n_per and not In a supplement thereo! on the foUowlns day........to-w1t: ...__MB.y.....9......U.4.6...._._.....__...._.........._........_...__..__ farce and effect after two (2) years from the effective date of this Ordi- nance; (d) That upon any violatJon of any of the provisions of this Ordi- nance, the uses herein permitted shall cease and terminate and the property above described shall revert to and become a part of the zone in which the property is now situ- ated. SECTION 2. The City Clerk shall cert1!y to the adoption of this Ordi- nance and !prior to the expiration of fifteen (-15) days from the passage thereof, shall cause the same to be .publish.ed once In the Arcadia Trib- une and Arcadia News, a newspaper of general circulation, published and circulated In the City of Arcadia, and thirty (30) days from and after the final passage thereof said Ordi- SUbscr1bed~ sworn to before me, this.....__._..__ -'.../W...........day OL1~.....19LL . ......._.~.....~~~~ Notary Public In and far the County of Los Ange- les, State of OalIfornla. nance shall take e!lect and be In force. 1 hereby certify that the forego- Ing Ordinance was adopted at an adjourned regular meeting of the City Council of the City of Arcadia, held on the 1st day of Me.y, 1946, by the affirmative vote of at least three CouncUmen, to wit: AYES: Councilmen, Adcock, Corn- yn, Nugent, Ormsby and Russell. NOES: None. ABSENT: None. . W. C. BILLIG. City Clerk. Signed and a:pproved this 1st day of May. 1946. M. H. ORMSBY. Mayor. ATTEST: W. C. BILLIG. City Clerk. PublIsh May 9, 1946. OA.I!'/. LI)Y.c--