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HomeMy WebLinkAbout0376 ORDINANCE NO. 376. AN ORDIKANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA MAKING A CONDITIONAL VARIANCE TO CERTAIN PROVISIONS OF ORDINANCE NO. 170 OF SAID CITY OF ARCADIA AS AMENDED, APPROVED MARCH 3rd, 1926, PURSUANT TO THE PROVISIONS OF SECTION 4 THEREOF. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOILOWS: SECTION I: An application signed by Rancho Santa Anita Inc., having heretofore been filed with the Planning Commission of the City of Arcadia pursuant to Section 4 of Ordinance No. 170 as amended, entitled "An Ordins.nce of the City of Arcadia, California, providing for the establishment or erection in said City of seven zones consist- ing of various districts and prescribing the class of buildings, struc- tures, improvements and occupancy in said several zones and the use thereof; the percentage of area that may be covered by improvements and the height to which buildings may be erected; defining the terms used therein, and prescribing the penalty for the violation of the pro- visions thereof", adopted March 3, 1926, asking that a conditional variance be made fr~m the provisions of the above Ordinance affecting the property described in said application and setting forth the specific reasons therefor and the circumstances in connection therewith; this Council after having received a report from the Planning Commission of the City of Arcadia and after having first investigated the subject of the application, de~ermines that there are exceptional or extraordinary circumstances or conditions applicable to the property involved and to the intended use thoreof that do not apply generally to the property or classes of uses in lne same zone and district; that the granting of the request made therein will not be materially detrimental to the public welfare or injurious to the property or improvements within the zone and district in which sa,id property is located and will not be inconsistent with the general purposes of Ordinance No. 170 as amended; This Council therefore grants a conditional variance from the provisions of said Ordinance No. 170 as amended, but only so far as such variance is necessary to permit the following described real property, to-wit: -1- aJ cr7/ Parcel Number 1: That portion of Lot 6 of Tract No. 949 in the City of Arcadia, County of Los Angeles, State of California, as shown on map recorded in Book l7, Page l3 of Maps, Records of said County, and that portion of Hunting1;on Drive which was vacated as described in Ordinance 233 of the City of Arcadia, and recorded in Book 9568. Page 282 of Official Records of said County, described as follows: Beginnit~ at the point of intersection of the East line of said Lot 6, as estf~lished and shown on County Surveyor's Map B-Ill, Sheet #4. in the office of the Surveyor of said County, with the North line of Huntington Drive as described in deed to the City of Arcadia, recorded in Book 9~;96, Page 145 of Official Records of said County; thence along said East line N 20 58' 25" E. 2l6.l2 feet, thence N 870 South I' 35" W. 140 feet; thence/20 58' 25" VI 235.45 feet to the intersection with said North line of Huntington Drive, thence N 850 6' 50" E. 141.33 feet along said North line of Huntington Drive to the point of begin- ning; excepting all water or waters in, on or under said real property in excess of the amount reasonably necessary for use thereon. the right to take and use said water being expressly reserved to the Grantor here- in. to be used for the following purposes: a gasoline service station, grease rack and tire repairing shop and restaurant. Parcel Number 2: That portion of Lot 6 of Tract 949, in the City of Arcadia, County of Los Angeles. State of California, as shown on map recorded in Book 17. Page l3 of Maps, Records of said County, described as follows: Beginning at a point in the East line of said Lot 6, as established and shown on County Surveyor's Map B-Ill, Sheet #4, in the office of the Surveyor of said County, distant along said line N 20 58' 25" E. 216.12 feet from the North line of Huntington Drive as described in deed to the City of Arcadia recorded in Book 9396, Page 145 of Official Records of said County; thence N 870 I' 35" W. l40 feet; thence N 20 58' 25" E. 216..13 feet; thence S 870 l' 35" E. 140 feet to a point -2- t/J. 391 in the East line of said Lot 6, said point being N 20 58' 25" E. thereon, 216.l3 feet frOm the point of beginning; thence South 20 58' 25" W. 216.13 feet to the point of beginning; excepting all water or waters in, on or under said real property in excess of the amount reasonably necessary for use thereon, the right to take and use said water being expressly reserved to the Grantor herein, to be used for the following purposes: single family residence, bungalow courts and apart- ment houses. This conditional variance is granted on the following terms and condi tions: 1 - That the conditions set out in this Ordinance shall apply to both Parcel Number I and Parcel Number 2 as above described. 2 - That the property will not be used for any purpose other than specified in this Ordinance. 3 - That the buildings erected on the above described property shall be of good quality and modern in every way; that the property above described will not be used for gambling purposes, gambling ser- vices, or wire transmittal or broadcasting of horse race information, and that no facilities or instruments of any form or description will be permitted upon said property to be used for any of the purposes prohi- bited by this Ordinance. 4 - That there shall be no building or structures of any nature erected, contracted or placed upon said property on any part thereof and no alterations,additions or improvements made to any building or structure of any kind whatsoever unless there has first been obtained a permit from the Building Inspector of the City of Arcadia. 5 - That upon any violation of any of the provisions of this Ordi- nance the uses herein permitted shall cease and terminate and the pro- perty above described shall revert to and become a part of Zone A of this Ordinance and lmy and all uses granted and permitted by this Ordi- nance shall cease wld terminate. SECTION :~: The City Clerk shall certify to the adoption of this Ordinance and flhall cause the same to be published once in the -3- a~ S?t:' Arcadia Tribune, a daily newspaper published and circulated in said City of Arcadia and thirty (30) days from and after the passage hereof the same 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 lr;th day of February , 1938, by the affirmative vote of at least three councilmen, to-wit: AYES: Councilmen, Griffitts, Hoffman, Hudson and MoLean NOES: None ABSENT: None ~C~ Signed and approved this 15th day of February ,1938. ~ ATTEST: ~~" . City Cle -4- cd J?c! AFFIDAVIT OF PUBLICATION COUNTY OF LOS ANGELES ( STATE OF CALIFORNIA J SS ORDINANCE NO. .,.. AN ORDINANCB OF THB CITY COUNCIL OF THE C!TY OF AR- VADI" MAKING A CONDITION- AL VARIANCE TO CERTAIN PROVISIONS OF ORDINANCB NO. 170 OF SAID CITY OF AR- CADIA AS AMENDED. APPROVED MARCH !rd. 19Z6, PURSUANT TO THE PROVISIONS OF .SECTION 4 THEREOF. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES OR- DAIN AS FOLLOWS: SECTION I: An appllcatlon slgned by Rancho Banta Anita Inc., having heretofore been filed with the Planning CommlMion of the City of Arcadia pursuant to section 4 of Ordinance No, 170 as amended, entitled "An Ordi- nance of the City of Anladla. Call- fomla. providing for the establish- ment 01" erection In said City of &even wnes consisting of various dlstrlc'" and prescribing the cia.. or bull:dlngs, structures, Improve- ments e.nd occupancy In said sev- eral zones and the use thereof;-,the percentage of area Ulat may. be covered by improvements and the height to which buildings may be erected: defining the terms uaed !herein. and prescribing the penalty for the violation of the provlsion., thereof". adopted March 3, 1926, asking that a conditional variance be made from the prov',lons of the above Ordinance affectmg the pr0- perty described In said application and setting forth the specific rea- sona therefor and the cJrcumataneea in connection therewith; this Coun- cil after having received a report from the Planning Commls8lon of the OIty of Anladla and after hav- Ing first Investigated the subject of the application, detennlnes that there are exceptional or extraor- dJ.nary circumstances or conditions applicable to the property Invol; ved and to !he Intended use there- of that do not apply generally to the property or claasea of u.seo In the same zone IU1d district: that the granting Of the request made !herein wl!l not be materially detrl; ...,.......,A~,..,~,~,:r.,Ql(t..NQ.ClZ.L,.,...,...,.. of said County and State, being duly sworn, says: That he is and at all times herein mention was a citizen of the United States, over eighteen years at age. and not a. party to nor interested in the above entitled matter: that he Is !he ........,....,:P.,\lbJ..i.Bhar.........,...,.,......... of THE ARCADIA DAILY TRIBUNE a daily newspaper printed and pub. IIshed In the City of Arcadia, County of Los Angeles: that said newspaper has been continuously printed and pub- lished daily, except Sa.turday, Sunday Ilnd Hol1days .for a period of more than two years prior to the date hereof; that said newspaper is a. paper of general circulation, having a. bona fide subscription list of paid subscribers; !hat the Ordinance No. 376 of which the annexed is a printed copy, was publ1shed in sald newspaper and not in a. supplement thereof on the following day..... to-wit: February l8.l93~ :~~~~~-=~ Subscribed and ~ before me, cfJtF- ;r~::::~:'~~"'~:""'~i.f .. ..'.....n .....,k'i.!2.._ ......_,.. ~ Notary Public In and for the Co of L"-' Angeles, State of Calif . ~('-t&on~~t.3(J. !!!3f mental to the public weUare or InJuriOWl to the property or im- provements within the zone and district In wblch...ld property Is located and will not be 1noonaIa- tent with the general _ of ord.illaDce No. 170 aa amended: This Council therefore gran'" a condiUonal variance from the pro- vlslona of aaId ,Ordinance No. 170 as amended. but only 10 far as 6uch variance is necessary to per- mit lhe following described real property, to-wit: Parcel Number ODe: That portion of Lot 6, of Tract No, 949 In the City of Arcadia, County of Los Angeles. state of California, as shown on map rec- orded In Book 17, Page 13 of Mapll. Recorda of said County. and that portion of Huntington DrIve whlch was vacated as desc.r1bed in Or- dinance 233 of the City of ArcadIa, and recorded tn Book 9588, Page 282 of Offlelal Records of said County. deseribed as follow.: Beginning at the point of inter- section of !he >:ast line of said Lot 8. as establtahed and shown on County SUrveyor'. Map B-ll1. Sheet No, 4, In the office of the SUrveyor of said County. with the Norlh line of Huntington Drive as described In deed to the City of Arcadia, recorded In Book 9398. Page 145 Of Official Records of said County; !hence along said East line N, 2 degrees 58 DunUtes 25 seconds E: 216,12 feet, thence N, 8'1 degrees I minute 35 seconds W, 140 feet: thence SOuth 2 degrees 58 minutes 35 seeands W, 235.45 feet to the intersection with said Norlh line of Huntington Drive, thence N, 85 degreea 6 minutes 50 seconds E, Ill.33 feet along said North line of Huntington DrIve to the point of beginning: emeptlltK all water or waters In. on at under said re8J property In excess of the amount reasonably neoessary for use !here- 011. the right to take and use aaId water being expressly reaerved to the Grantor herein, to be used far the following purposes: a ~ service station, _ rack and ~A/'/ J/'~ AFFIDAVIt' OF PVBLlCA1'JOH COUNTY OF LOS ANGELF.S ( STATE OF CAUFORNIA f 55 of said County and State. being duly sworn, says: That he Is and at all times herein mention was a citizen of the United States, over eighteen yeat's of age, Bnd not a. party to nor interested In the above entltled matter; that he Is the .........,.................,.......,........................,.,..,...... of THE ARCADIA DAILY TRIBUNE a. daily newspaper printed and pub. Ilshed In the CIty of Arcadia. County of Los Angeles; that said newspaper has been continuously pril1ted and pub- lished daily I except Saturday I Sunday and Holldays .for a period of more than two years prior to the date hereof; that said newspaper is a paper of general circulation. having a. bona fide subscription list of paid subscribers; that the of which the annexed is a printed copy, was published 1n sa1d newspaper and not in a supplement thereof on "the following day...., to-wit: Signed ,.."".."..."..,..,....,..,........,.."..................... Subscribed Bnd sworn to before rne, this "................,..,........................................... ...., of..,.."..".........."......"..,....,...,.."...,.......... 19,.._.. Notary PubUc In and fo~ the County of Los Angeles, Stalll at CalI!ornIa. tire repairing shop and restaurant. Parcel Number Z: That portion of Lot 6 of Tract 949, in the City of Arcadia, Coun~y of Lo:::: Angeles, state of California, as shown on map recorded in Book 17, Page 13 of Maps, Records of said County, described as :follows: Beginning at a point in the East line of said Lot 6, 'as established and ~hown on County Surveyor's Map B-111, Sheet No.4, In the oh'i-ce of the Surveyor of said Coun- ty, distant aioL!; ~o.ij En::! N. 2 degrees 58 minutes 25 seconds E. 216.12 feet from the North Hne of Huntington Drive as described in deed to the City of Arcadia rec- orded in Book. 9396, Page 145 of Official Records of said County; thence N. 87 degrees 1 minute 35 seconds W. 140 feet; thence N. 2 degrees 58 minutes 25 se.:onds E. 216.13 feet; thence S. 87 degrees 1 minute 35 seconds E. 140 feet to a point in the east line of said Lot 6, said point being N. 2 degrees 58 minutes 25 seconds ~. thereon, 216.13 feet from the point of be- ginning; thence South 2 degre~s 58 minutes 25 seconds W. 216.13 feet to the point of beginning; ex- cepting all water or waters in, on or under said real property in excess of the amount reasonably neces- sary for use thereon, the right to take and use said water being ex- pressly reserved to the Grantor herein, to be used for the follow- ing purposes: SJngle lamny rest- dence, bungalow courts and apart- ment houses. This conditional variance is granted on the following terms and condit1ons : I-That the conditions set out in this ordinance shall apply to both Parcel Number 1 and Parcel Number 2 QS above described. 2-That the property will not be used for any purpose other than specified In this ordinance. 3-That the buHdlngs erected on the above described property shall be of gocx1 quality and modern in every way; that the property above described will not be used for gambling purposes, gambl1ng seT',!'.- ices, or wire transmittal or broad- casting of horse race information, and that no facilities or instru- ments of any form Or description will be permitted upon said pro- perty to be used for any of the purposes prohibited by this ordin- ance. 4-Thnt there shall be no build- ings or structures of any natur~ erected, contracted or placed upon said property on any part thereof and no alterations, additions or :mprovementE made to any build- ing or structure of any kind what- soever unless there has first been Dbtained a permit from the Build- ing Inspector of the City of Ar- cadia. 5-That upon any violation of any of the provisions of this Or- dinance the uses herein permitted shall cease and termina te Bnd the property above described shall re- vert to and become a part of Zone A of this Ordinance and any and all uses granted and permitted by this Ordinance shall cease and terminate. SECTION 2: The City Cle:k ~ha.ll certify to the adoptIon of this Ordinance and shall cause the same to be published once in the Arcadia Tribune, a daily newspaper pub- lished and circulated in said CIty of Arcadia and thirty (30) days from and after the passage here- of the same shall take effect and be in force, I hereby certify that the fore..- going Ordinance was adopted at a. regular meeting of the City Coun- cil of the City Of Arcadia held on the 15th day 01 February. 1938. by the a.ffirmative vote of at least three councilmen, to-wit: AYE S: Councilmen Griffitts, Hoffman, Hudson and McLean. NOES: None. ABSENT: None. W, H, NESBrrr City Clerk Signed and approved this 15th day of February, 1938. J, R. GRIFFI'ITS A'ITEST: Mayor W, H, NESBI'IT City Clerk. ~ ...... .t,'l ~<"~ $?rf