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HomeMy WebLinkAbout0594 , ./ ", , ",. ORDINANCE NO. 594 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, MAKING A PERMANENT EXCEPTION TO CERTAIN PROVISIONS OF ORDINANCE NO. 439 OF SAID CITY, ADOPTED JUNE 28, 1940. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLW\7S: \~q?->\- SECTION 1. Petition of Genevieve Ratcliff, and Arthur W. ~\Q~! Whipple and Faye A. Whipple, husband and wife, as joint tenants, ~ having been f1.led in the office of the Planning Commission of the City of Arcadia, pursuant to the provisions of Ordinance No. 439 of said City, adopted June 28, 1940, asking that an exception be made affecting the property described in said petition, and setting forth the specific reasons therefor and the circumstances in connection therewith, and report and recommendation having been made against said petition, and appeal having been made by petit- ioner to this Council, and said matter having been Bet for hearing after notice to interested parties, and said hearing having been concluded, this Council, by a unanimous vote, determines that there are exceptional or extraordinary circumstances or conditions applic- able to the property involved and to the intended uses thereof that do not generally apply to the property or classes of uses in the sarna zone or district in which said property is located, and will not be inconsistent with the general purposes of Ordinance No. 439, and that said property should be excepted from the prOVisions of the zone created by said Ordinance No. 439 affecting said property, but only insofar as hereinafter set forth; and the requirements of said Ordinance No. 439 pertaining to the consent 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 property hereinafter described, but only insofar as such exception is necessary to permit the following described property, to wit: That ;9ortion of Lot 1 of Tract No. 949, in the City of Ar,~adia, County of Los Angela s, State of California - 1 - \l.oEll~ dd S;7;/ as shown on map recorded in Book 17 Page 13 of Maps, in the office of the Recorder of said County, described as follows: Begilming at the point of intersection of the Southerly curvod line of Colorado Boulevard (formerly Orange Avenue) 80 feet in width, as described in Parcel 4 in deed to said City of Arcadia recorded in Book 9396 Page 145 of Official Records of said County, with the Northeasterly line of Colorado Place as described in Parcel 3 in deed to said City of Arcadia and recorded in Book 9396 Page 145 of Official Records of said County (a radial bearing to said point of intersection bears S 320 51' 49" W); thence EastElrly along said curved Southerly line of Colorado Boulevard along a curve concave to the Northeast and havu,g a radius of 756.83 feet, 390.04 feet to a point (a radial bearing to said point bears S 30 20' 09"W); thence S 00 47' 43" E, 513.38 feet, more or less to the intersection with the Northeasterly line of said Colorado Place; thence N 300 33' 16" W along said Northeasterly line of Colorado Place, 735.26 feet to the point of beginning. The above described par' cel of land has a calculated area of 2 acres, to be used for the purpose of the construction, maintenance and operation of a drive-in eating stand, a restaurant, cocktail lounge, and a bungalow hotel containing not less than fifteen (15) units, with a total of not less than twenty (20) rooms, and parking of automobiles by customers of the business being so conducted and operated on said property. This exception is granted upon the following conditions: (a) 'rhat no building permit be granted for the construction, alteration or erection of any building upon said property unless the plans and sp'~oifications be first submitted to the Building Inspector - 2 - od'sy;/" of the City of Arcadia, and that said plans and specifications and said building shall in all particulars comply 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 the City of Arcadia except as provided in this Ordinance; (c) That the buildings to be erected on said premises shall be of value of not less than Seventy-five Thousand Dollars ($75,000.00), and shall be constructed substantially, in accord- ance with the sketch heretofore filed by petitioner, in support of said petition with the Planning Commission of the City of Arcadia and the City Council. (d) That the construction of all curbs, together with driveways providing egress and ingress to said property shall meet the safety regulations as established by the City Engineer and the Chief of Police of the City of Arcadia. (e) ~rhat in case any of the provisions of this Ordinance are violated.. the property above described shall revert to Zone R-1 asdefinlld in Ordinance No. 439, and the rights and privileges herein grantod shall terminate and cease, in the event that any such violation is not terminated wi thin thirty (30) days, or such further time as the City Council may decide that the owners of said ~,;;;,:\~;j.:1) tit (lRO. No: 7 ~~ /,1/ property in the exercise of due diligence, require to correct such violation after the owners of said property have been given written notice by the City Council of such violation. SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and prior to the expiration of fifteen (15) days from the pas~.age thereof, shall cause the same to be published once in the Arcadia Tribune and Arcadia News, a newspaper of general circulation, published and circulated in the City of Arcadia, and thirty (30) d.aysfrom and after the final passage thereof said Ord:inance shell take effect and be in force. . 3 - .. OftC:/ S-PY I hel'eby certify that the foregoing Ordinance \Vas adopted at 11 regular meeting of the City Council of the City of Arcadia, held on the 2nd day of July , 1946, by the affirmative vote of at least three councilmen, to wit: AYES: Councilmen, Adcook, Cornyn, Nugent, Ormsby and Russell NOES: None ABSENT None ~ /~ e t~ City Cle rk { Jul:r , 1946. Signed and e.pproved this 2d day of 01. #~ ayor r ATTEST: ~~-~ City er - 4 - c:::74 cJ7Y AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) s s .F. u ^ -oldhRoaQhh,mhhhhh'hhnm_nhm..hh. ......... . ....Da..Io.. ORDINANCE NO, 59t of Baid County and State. being duly sworn, says: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AR- CADIA. CALIFORNlA. MAKING A PERMANENT EXCEPTION TO CERTAIN PROVISIONS OF OR- DINANCE NO, 439 OF SAID CITY. ADOPTED JUNE 28. 1940, THE CITY COUNCIL OF THE CITY OF ARCADIA. CALIFOR- NIA. DOES ORDAIN AS FOL- LOWS: SECTION 1. Petition of Gene- vieve Ratcliff, and Arthur W. Whipple, and Faye A. Whipple, hUB ban d and wife, as Ioint tenents, having been filed in the office of the Planning Com- mission of the City of Arcadia. pur- suant to the prOvisions of ordi- nance No. 439 of said City. adopted June 28, 1940, asking that an ex- ception be made affecting the property described in said petition, and setting forth the spec1f1c rea- sons ther~for and the circumstance" in connection therewith, ane! report and rec:!mmendatlon having been made against said petition, and ap- peal having been made by peU- ticner to- thi.s Councll, and said matter having been set for hearing after notice to interested parties, and sRid hearing having been con- cluded. this Council, by a unanl- mous vote. determines that there are exceptio-nal or extraordinary circumstances 0: conditions llP- plicable to the property involved and to the intended uses thereof that do not generally apply to the prcperty or classes of uses In the same z:mc or district in which said property is located, and will not be inconsistent with the general pur- poses of Ordin~mce No. 439. and that said property should be ex- cepted from the provisions of the zone created by said Ordinance N'j. 439 affecting said property. but only insofar as hereinafter set forth; and the requirements of said Ordinance No. 439 pertaining ,..............__~___._.....~.....__........__........_~m.-.- ;. '~u=_~:;~~: ~~D)eW;z;.se~;V~g ag~:~e~;r:;l~~d Blgned. _'_u_" _~, . This Council, theref'Jre. excepts to bet th1s from the provISions of the respec- Bubscrlbed and sworn ore me. .mm__u,z;' lIve zone of Ordinance No, 439 ....................// !!::...... - day of .-... ~.. ..--- ..194_ --... ~~r~~~a~i:~ ~e~~f~~~~. ~~: E~fr~;: ~ r 11.1_ ,sofar as such exception is neoessary ~t:l permit. the following described ";~;.:;"~~ ..:..~.~ 'k!l"~~;~m&i ~l~ti-j~~. 195e f.r~~;y Po~~t:t~f Lot 1 of Tract 1... Blate Of oeJl!ornla. That he is and at all times herein mentioned was a clt1zen 01 the ,United States, over eighteen years of age. and not a party to nor inteJ.'ested in the above Editor 0 entitled matter. that he is the................_................._..... f THE ARCADIA TRIBUNE AND NEWS a newspaper printed and published weekly in the CIty ot Arcadia. County ot Los Angeles: that sald newspaper has been continuously printed and pub~ luhed once each week for a period of more than one year prior to the date hereof; that said newspaJer is a paper of general circulation, havlng a bona tide subscription u.,t of paJd. 8ubBcribers; that the O.rd1nano,euuJl"'J~9,~_"',"'u.uu"'_uuu,.u__u ................... . fl. In the above entitled matter, of which the annexed Is a printed copy. w,," published in saId newspaper and not in a 8upplement thereof on the following daY"".",to-w1t: "''''u''''''''',J.uJ.f.'''U...~9,46,...uuuuU''''_,Uhh._U''''UU_U, , No. 949. In the City 01 Areadla. County of Los Angeles. State of California. as shown on map recorded in Book 17, Page 13 of Maps, in the office ()f the Recorder of said County, des- cribed as follews: Beginning at the point of in- tersection of the Southerly curved line of Colorado Boule- vard (fonnerly Orange Ave- nue) 80 feet in width, as des- cribetl in Parcel 4: in d.eed. to said City of Arcadia recorded in Book 9396 Page 14:5 of Oft1~ cial Records of said County, with the Northeasterly Une or Colo- rado Place as described in Pa:'. eel 3 in deed to saId City 01 Arcadia and recorded in Book 9396 Page 145 of Official Records of said C~unt:r' (a radial bear- ing to said point of intersecUOD bears S 320 51' 49" W): thence Easterly along sald curved Southerly line of ColoradO Boulevard along a curve con~ cave to the Northeast and havinc a radius of 756.83 feet, 390.04 feet to a point. (a radial bearing to said point bca: s S 30 20' 09'" W); thence 5 00 47' 43" E. 513.38 feet, more or less to the intersection with the Northeasterly line of said Colo~ rado Place; thence N 300 33' 16'" W along said Kortheasterly line of Colorado Place, 735.26 feet to the point of beginning. The above described parcel of land has a calculated area of 2 acres, to be used for the purpose of the constructIon, maintenance and op- eration of a drive-in eating stand. a :'estaurant, cocktall lounge. and a bungalow hotel containing not less than fifteen (15) units. with a total of not less than twenty (20) rooms, and parking of flutomobiles by customers of the business being so conducted and operated on said property. This exception is granted upon the following conditions: (a) That no building pennit be. granted for the construction. alter- ation or erection of any bulldlng upon said property unless the plans Bnd specificatIons be first submit- ted to the Building Inspector of the City of ArcadlB, and that said plans and speCifications and. said bulld.ing shall in aU particulars comply with the building Ordinance V'-Ad, 6~Y AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) s s mmm.F..mliaro.l.du.Bo.a.Qh.m.nnhm_m_m._uhm.mnn at said County and State. being duly swam, says: That he is and at all times herl!in mentioned was a cit1zen ot the United States. over eighteen years ot age. and not a party to nor interested in the above entitled matter. that he Is the_n.;E.Q..l.t_oru..mmm.ot THE ARCADIA TIIlIBUME AND HEWS a newspaper printed and published weeldy in the CIty ot Aroadla. County ot Los Angeles; tlhat sald newspaper ,has been continuOUSly printed and pub- Itshed once each week for a period of more than one year prior to -the date hereof; th8.t said newspa_,er is a paper of general circulation, having a bona fide subscription llst of patd Subscl1bera; that the m.hn_munmQr.dlnanQ.emi/.nn~.94n_nm_m__u._mmuu_m In the above entitled ma.tter, of which the annexed. Is a prlDted copy. was publlshed In said Dewspaper and not in a supplement thereof on the following daYum.ulo-wlt: .mumn.u.J.uly.m~1.19.46_..._____n.m.m_n....u_h_mhu_m =:=.;?~~~: Subscribed and sworn to betore Dle. thls_munn._u_u II~ ._~ ~ n.".n_mUm__ nuuum.n_u_nuday otu~ nt.'dt..;:umn19L-n. .n..uu-...n.......~M'ynCon:.;;;i&iO-~19,O Notary Publlc In and tor the County of Los Ange- l... State of Oel1!ornla. and sanitary regUlations of the City of Arcadia; (b) That said property shall not at any time be used for any pur- pose or purp06es not allowed in Zone R-I of the City of Arcadia except as provided in this Or- dinance; (e) That the buildings to be erected on said premises shall be of value of not less than Seventy-five Thousand Dollars ($75.000.00). and shall be constructed substantially, In accordance wIth the sketch here- tofore filed by petitioner, in support of said petition with the Planning Commission of the City of Arcadia and the City Council. (d) That the construction of an curbs. together with driveways pro- viding egress and ingress to said property shall meet the safety reg- ulations as established by the City Engineer and the Chief of Police of the City of Arcadia. (e) That in case any or the provisions of this Ordinance are violated, the property above des- cribed shall revert to Zone &-1 as defined in Ordinance No. 439, and the rights and privileges -herein granted shall terminate and cease, In the event that any such viola- tion is not tenninated within thirty (30) days, or such further time as Ule City Council may decide that the owners of said property In the exercise of due diligence, requIre to correct such violation a.!ter the owners of said property have been given written notice by the City Council of such violation. SECTION 2. The' City Clerk shall certify to the adoption or this Ordinance and prior to the explra~ tlOD of fifteen (IS) days tram the passage thereof, shall cause the same to be published once In the Arcac11a Tribune and Arcadia News, a newspaper of general circulation, pubUshed and cIrculated in the CI'Y of ArcadIa, and thirty (30) days from and' after the final passage thereof said Ordinance shall take effect and be In force. I hereby certify that the fore- going Ordinance was adopted at a regular meeting ot the City Coun- cU of the City of Arcadia, held on the 2Dd day ot July. 1946. by the affirmative vote at at least three councllmen. to wit: AYES: Councilmen, Adcock. Cor- nyn, Nugent, Onnsby and Russell. NOES: None. ABSENT: None. W. C. l3ILLIG. City Clerk. Signed and approved this 2nd day of July. 1M6. M. H. ORMSBY. Ma.yor. ATTEST: W. C. BILLIG. City Clerk. PubUsh July 11. 1946. oJ 69/