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HomeMy WebLinkAbout0858 1/;1: ORDINANCE NO.SSS Ali ORDIlWiCE OF THE CITY COUNCIL OF THE CITY OF ARCAmA, CALIFORNIA, AMENDING SECTION 16 . OF ORDINANCE NO.760 OF SAID CITY. , WHEREAS, said Planning Commission after fully considering the matter adopted its certain Resolution No.82 entitled: nA RE- . . . SOLUTION OF THE CITY PLAl'iNlNG COMMISSION OF' THE CITY OF ARCADIA, , . CALIFORIfiA, MAlaBG CERTAIB FINDIliGS AND RIDOMMBNDATIONS RELA.TIVE TO A ,PROPOSED AMENDMENT OF' SECTION 16, PART 1, SUBDIVISION B OF ORDlNAliCE liO.760 OF THE CITY OF ARCADIA. n, wherein and. whereby certain findings and recoumendations to the City Council were made; !U1d WHEREAS; after notice duly given and published as required by l8.w ~. public hearing vas held by and before the City Council ot the City ot Arcadia on September 16, 1952, at which time all persons were. given a rull opportunity to be heard and present evidence relative to the amending of Ordinance l'l0.76o as provided in said Resolution No. 74 of the City Planning Colllll1ssion NOW, THEREFORE the City Council of the City of Arcadia does . hereby find, determine and ordain as follows: SECTION 1. That the business ot chicken and poultry raising W8S one of the principal factors in the development and growth of the City and community of Arcadia; that said business for many years was one 01' the principal if not the main business conducted in the City of Arcadia; that such business is and for some years has been on the vane, but is still a substantial business and an integral part of the business activities of the COllllllUpity. That a necessary attribute of the business of chicken and poultry .raising is that of chicken and poultry dressing; that it is necessary that an adequate. . . number of dressing plants exist to provide for the needs ot the chicken and poultry raising business and the consumers of chicken and poultry in this oOllllllW1ity; that to a large degree sheer economics determines the number of dressing plants that can be reasonably sus- tained by the chicken and poultry raising business; that it is nec- essary and advisable, for the protection and welfare ot the .community that additional provisions and safeguards be provided for the purpose -1.,. . Of controlling the number. location and the methods of operation of dressing plants. That the present number of ch1cken and poul t17 dressing plants in. the. C1ty of Arcadia 1s not excessive' and is reasonably necessa17 tor the proper and efficient conduct ot the chicken and poul try raising business. That dressing plants are not particularly desirable in themselves vi thin the City. and that the number thereof should not be increased beyond the needs of the chicken and poul try ra1sing business vi thin the. .iDllll8dia te . communi ty . and that their number should not be increased unless tbe need for additional dressing plants be clearly established. SECTION 2. That for tbetoregoing reasons the public health. safety. velfare and convenience requ1re that Section 16 ot Ordinance No.760 be amended as hereinafter prOVided. SECTION 3. That Sect10n 16 of Ordinance No.76o of the City of Arcadia ent1tled: "AK ORDIIiAliCE ESTABLISHING ZONES IN THE CITY OF ARCADIA AND THEREIN REGUlATING THE USE OF LAl'ID: BEIGB'l' 'OF BUlJLDIN05 AND YARD SPACES: ADOPTING A MAP SHOWING TO BOUNDARIES OF SAID ZOliES: DEFIIiING THE TERMS USED IN THIS ORDIIiAHCE: PROVIDING POR ITS ADJUST- MBNT. AMBNDMENT AND BNPORCBMBIIIT: PRB5CRIBIHG PENALTIES POR VIOI.A.TION AND REPEALING ORDIl'WiCES OR PORTIONS OF ORDINAliCES IN CONFLICT THERE- WITH. n. adopted May 3. 1949. be and the same is hereby amended to read as follovs: "SECTION 16: VARIAfiCES. When pract1cal difficulties. unnec- essa17 hardships 01' results inconsistent vith the general purpose.of this Ordinance result through the striot and literal interpretation and enforoement ot the. proVisions thereof. the Planning 'Collllll1t1sion of the City of Arcad1a. upon the receipt of a verified appli~at1on from the owner or lessee .of the property.affected stating fully the grounds for the appl1cation and the facts relied upon. or upon the motion' of the said Commlssion. may. in the manner prescribed in this Section. consider the granting of such variance trom the provisions of this Ordinance. vith such conditions and safeguards as it may determine. and as may be in harmony. with. its general purpose and intent so ~at the spirit of this Or<'l1nence ehall be observed. -2- . . . . o~~/ Po)? public sa1'e.tyandvelfare secured and substantial justice done. . 1. A. Var1;ences . shall beceDsidered -b;ytbe P181'lD'ingCollllll1ae1on aot1:ng"in an -advt'a:orrca1l8'e~ty1>othe C1't7 -Counc1l, and the recom- mendations made by tbe Pla.nn1ag ColE1eeion Y1-ttr respect to any stich var1an-eeeball be--aubJ.ectto approval b;y the Oi ty COWlCll in the manner provided in Part II, E ot tb1s Section, and Seotion 18. .SECTION 16: 1.B. Allot the telloving, and all matters directly related thereto, except as specitically l'erll1.tted 111 Zane "S-l" under Section 13 Bereet, areL~ereay declared te be sl'8c1al . uses, and autheritr tel' the lacatienandope-l'at1cm ,thereet ahall be granted- oaly under the prenaiens ot anBuP9ncelllJlUanee vi tb the prooed\U'e outlined in this Section 16. This deciara1:i<mis based upon tbetaot that all ot the uses -herein 'enUlllllrated pessess8s characteristios at unique and special tOl'lDS 8S to make illpl"e'ctieal their being autolll8tically inclded in anr classes ot use as set forth in the varil!)us zone. herein defined: . JI ~I \i i i ~~ ~I i j ~, ~ '} f ! ! ~ . ~ i ~ d ~ I i , I I j I Q . Q i r I g .. c 8 z 2 ~ li I: .. - .. .. II: 0, - -- - . 9. 10. 11. 1. 2. i: 5. A1pPOrts ee..ur3!ea C_r8ll&t~ 00l.wa'0e:~ Bs~bl1.8lDMm"'t8 orenterpl'18es invelv1ng large ass_G:~gesof peeple or autamob1les, including a. ~se.en,t Parks b. Cip.cuses-'" c. F&1.'rgna<<s~- d. __1Ji'td.'eD:s: - e. -P&i.rlr _ t. bh1:b1:ts g. Aut._bU,e iboys b. Jlaseanta i . MspllQilt _ j. 'ElIl8A-alcr"'1'lIea<tres' k.'_ce 'l-ltse'ka (&lIbe;p tban tor herserac1ng, ilal'Hess'''bC!ll"se.nG4:D&i..&IIl! track:: meets) 1..ReereattGnai GeDt.&:n. m....'H.spi tale and Sani"tariwu 6. In'8ot1.tut1QDS of a phi.laathrop1c or ele8llGs;yDa'!'J" nature. 71 MauSGleuma 8. R~ ResolU'eas, 4eveieJI]IIeBt at, tog"Eltller nth neee'aaary bu11d1Jlga, apparatus 81' appurtenance a in- c1't1eat thereto". R8d:tG or televia10n trensmttera Ri'dUg Acallell1es- CuatGm Bras'sing "Cuatem Dressing" as used 1ft tB1;s Sectien ahall 11II80 and be 11l11tett to the dress1ng or poultry aad rablt1ts for--tbe poultry -rnserlJ -and sball not JDean alaugbter1l1g of' paultry B1ld rab-ett-sf>G1"'ae['4.'Vft"T't0' . the wholesale trade, s11Cb as chain atores, markets, butcber sbops, etc. -3- O---d. Y',:{) . Ivery custom dressing plant as hereinbefore defined, which has been in existence and operation for a period of six .months prior to the effective date of this amendment, shall be conclusively pre- sumed to have obtained a special use permit under and in compl1ance vi th tbe provisions of this Section 16, if prlol" to sueb ef.f'ec ti ve date the owner or operator of such'dressing plant shall have filed witb tbe City Clerk a verified st&telll8nt containing the following: 1 - The name of the owner or opera tor 2 - Address of owner or. operator 3 - lfs,me of such custom dressing plant 4 - Address. of such .plant 5 - 'Legal description of the property upon which suoh plant is located. 6 - A complete description of tbe improvement con- stituting sucb plant, including the size, location and use of such improV'elllBnts. 7 - Oapacity or average montbly output of such plant Su~b.special use permit shall not permittbe enlargelllBnt of exist- ing improvements nor increase of the capacity or output of such p;1ants, but shall Dot preclude the repair or modem1zat1on of such iml'l"ovement or tbe replacement or repair of existing fixtures or . facil1 ties.. SECTION 4. . The Oity.Clerk shall certify to the adoption of . . ,- . tbis Ordinance and pr10r to the expi1'6tion of fifteen (15) days from the. passage thereof, shall cause the same to be published once in the Arcadia Bulletin, a newspaper of general circulation, publish- ed and circulated in the Oity of Al"oadia, 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 foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, beld on the 21st day o.t October 1952, by the aff1rDBt1vevote of at least .three Oounoilmen, to-wit: - { AYES: COWlci1men Daw, Hulse, NOESl None ABSENT Councilman Schmocker Kennett and Nottingham ~ ' / ~~c.~~ . City C erk of the City ot. A:pcadia SIGDED AliD APPROVED this ~ day of October , 1952. ~~----~ . City Clerk f Arcadia . ATTEST: -4- VU/, f'~ X