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HomeMy WebLinkAbout2133 RESOLUrION NO. 2133 A RESOLUTION OF THE CITY COUNCil. OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO INSTITUTE PROCEEDINGS FOR THE AMENDMENT OF CERTAIN PROVISIONS OF ORDINANCE NO. 760 OF SAID CITY. WHEREAS, there was filed with the City Clerk a petition bearing approximately $,142 signatures of persons shown by said petition to be residents and qualified voters of the City of Arcadia, which petition requested consideration of the amend- ments of Ordinance No. 760 therein outlined, and further re- quested the holding of public hearings as required by law and the adoption of the amendments thus proposed; and WHEREAS, this Council has read and considered the afore- said petition, and finds that the public health, safety and general welfare of the City requires the further consideration thereof and the holding of public hearings relative to the mat- ters therein contained so that the City Council may be further advised in the premises. NOW, THEREFORE, the City Council of the City of Arcadia, California, hereby resolves as follows: Section 1. A copy of the aforesaid petition, exclusive of the names, addresses and dates thereon written, is attached hereto, incorporated herein by reference and made a part hereof the same as herein again set forth. Section 2. That the City Planning Commission of the City of Arcadia be and they are hereby authorized and instructed to nold such public hearings as are required by law for the con- sideration of the matters set forth in the said petition, and of any other related matters affecting Ordinance No. 760, which - 1 - \~t>t)l~O in the Judgment of the Planning Commission should be considered concurrently therewith, to give and publish notice of said hear- ings as required by law and to make its findings and recommenda- tions relativ'9 to the matters thus considered to this City Council upon the conclusion of such hearings. Section 3. The City Clerk shall certify to the adoption of this Resolution, and shall cause a copy of the same to be forwarded to the City Planning Commission of the City of Arcadia. I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 17th day of April, 19,1, by the affirmative vote of at least three Councilmen, to-wit: AYES: Councilmen Kennett, Klomp, Nottingham, Schmocker and Sullivan NOES: None ABSENT: None ,.y 4 ~~- City Clerk of th ity o~ rcadia c?~ SIGNED AND APPROVED THIS 17th t Mayor of the 19,1. 7L~' Ci ty C/ erry - 2 - " Initiative Petition to the City Council of the City of Arcadia, County of Los Angeles, State of California: REASONS FOR PROPOSED PETITION PROPOSED AMENDMENT OF SECfION 13 OF ZONING ORDINANCE NO. 760, TO ELIMINATE FROM THE PERMITfED USES IN "'S,I"' SPECIAL USE ZONES THE FOLLOWING USES: "AUTOMOBILE SHOWS;' "'DISFLAYS;' "'EXHIBITS;' "'FAIRS,"' "'PAG- EANTS;' AND PROPOSED AMENDMENT TO SECTION 15. SUB,SECfION 4 (cL OF ZONING ORDINANCE NO, 760, RELATING TO NON,CONFORMING USES AND BUILDINGS BY ADDING A NEW SUBPARAGRAPH 3 WHICH WOULD HAVE THE EFFECf OF HEREAFTER LIMITING ANY NON-CONFORMING USE TO A NUMBER OF DAYS IN ANY FUTURE CALENDAR YEAR NOT GREATER THAN THE NUMBER OF DAYS FOR SUCH NON-CONFORMING USE IN ANY FULL CALENDAR YEAR PRIOR TO THE EFFECflVE DATE OF THIS PROPOSED AMENDMENT TO ZONING ORDINANCE NO, 760. THE SUBPARAGRAPHS PRE. VIOUSLY NUMBERED 3 AND 4 HAVE BEEN RE-NUMBERED 4 AND 5, RESPECTIVELY. TO PROVIDE FOR THE NEWLY IN- SERTED SUBPARAGRAPH 3. We, the rmdersigned, registered and qU4lified voters of the City of Arcadia, eqU41 in number, with other stich qrtalified and registered voters whose names are signed to other papers of tenure and effect identical herewith, to at least 15 per cent of the registered voters of the said City of Arcadia, do hereby submit the following proposed ordidance to the honorable City Council of the City of Arcadia, as the legislative body of said city, and request that said proposed ordinance be submitted to the Arcadia City Planning Commission for consideration and that such hearings, notices and reports as are reqrtired by law respecting zoning ordinances be complied with, and that thereafter said proposed ordinance be adopted by the City Council, or if the same not be adopted that said proposed ordinance be submitted to a vote of the voters of the city at a special election called and held for that pr'rpose pursuant to the pro- visions of the Elections Code of the State of California. ORDINANCE No. An ordinance adopted pursuanr ro Sections 1700 through 1723 of rhe Elections Code of the State of California, amending Sections 13 and 15 of Zoning Ordinance No. 760. THE PEOPLE OF THE CITY OF ARCADIA DO ORDAIN AS FOLLOWS: SECTION 1. SECTION 13 OF ZONING ORDINANCE NO. 760 IS HEREBY AMENDED TO READ AS FOLLOWS: The following regulations shall apply in the "'S-l"' Special Use Zone unless Otherwise provided in this ordinance, A. USE, No building or land shall be used and no building shall be hereafter erected, constructed or established except for one or more of the following uses. 1. Any use permitted in Zones "'R-O" and "R-1." 2, Barbecues, 3. Conventions. 4. Dancing, 5, Daytime baseball and football games and track meets, 6, Dog shows, 7. Gasoline service stations. 8, Horsebreeding, raising, training and sale, 9. Horse shows, 10, Horse racing, with or without pari mutuel wagering on the results thereof. 11. Motion picture production, 12. Picnics. 13, Turf Oubs, including retail on .ale of liquot, 14, Accessory buildings and uses cusromarily incident to any of the permitted uses in this zone; provided, a. That no building or structure designed and used for such purposes, excepting gasoline service stations, shall be lo- cated closer than one hundred and fifty (150) feer from Huntington Drive, b. No stable or other building or Structure for the shelter of horses or Other animals shall be located closer than two hundred and fifty (250) feet from any public street or highway, 15. Any similar enterprise or business not here enumerated when so determined as provided in Section 15, A. Use, 1. General, 16. Parking space (See Section IS), B. HEIGHT, None, except that for a use permitted in the "R-O" and "R-l" Zones the height shall be that permitted in such zones, C. FRONT YARD. No front yard shall be required, except for permitted "R" uses, in which case the requirements of the partirular "R" Zone shall apply, D, SIDE YARD, No side yards shall be required except that for permitted "R" uses, in which case the requirements of the particular "R" Zone shall apply, E. REAR YARD, No rear yard shall be required, except that for permitted "R" uses, the requirements of the particular "R" Zone shall apply. F. LOT AREA PER F AM1L Y. For permitted "R" uses the requirements of the particular "R" Zone shall apply, SECTION 2. SUBSECTION 4 (CI OF SECTION 15 OF ZONING ORDINANCE NO. 760 IS HEREBY AMENDED TO READ AS FOllOWS: c. The non-conforming use of a building existing at the time this ordinance became effective may be continued, provided: 1. That a non-conforming use of a non-conforming building may be expanded or extended throughout such building provided no structural alterations except those required by law are made therein. 2, That a non.conforming use of a conforming building shall not be expanded or extended into any other portion of the conforming building, and if such non-conforming use is discontinued, any future use of such building shall be in conformity with the provisions of this otdinance; provided, however, that all non-conforming uses of a conforming building shall be dis- continued not later than three (3) years from the effective date of this ordinance, 3, A non-conforming use of a non-conforming building and a non.conforming use of a conforming building may not be continued during any greater number of days in any calendar year than the number of days of such non-conforming use in any full calendar year prior to the effective date when this subparagtaph 3 was added to subsection 4(c} of Section 15 of Ordi- nance No, 760. 4. That in all "R" Zones every non-conforming building which was designed, or intended for use not permitted in such a zone, other than a residential building, shall be completely removed or altered to structUrally conform to the uses permitted in such zone within a time fixed by the Planning Commission and approved by the City Council. Such time for removal or alterat~on may ~Ot be fixed for a date before the expiration of the normal life of such building as found by said Commission and Oty, Council, In no event may the normal life of such building be fixed at less than forty (40) years from its original construction. Such findings of. the normal life of a non-conforming building and the fixing of time for its removal or alteration may only be had after nOtice to the owner and hearing had thereon in the manner provided for the consideration of variances. No such order shall require the removal or alteration of such a building within ten (10) years from the time such order is made. When such an order is made, it shall be the duty of the Planning Commission ro give the owner of the building af- /' feered written notice thereof immediately upon the order becoming final, and again not less than sixty (60) nor more than ninery (90) days prior to the date such removal or alteration is required to be completed, 5. That, subject to all other regulations of this Section and other ordinances, a building destroyed to the extent of not more than sevenry-five (75%) per cent of its reasonable value by fire, explosion or other casualry or Acr of God, or the pub- lic enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction may be continued. RESIDENCE DATE OF NAME OCCUPATION STREET AND NUMBER SIGNING Precinct 1 2 3 4 5 . 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COUNTY OF LOS ANGELES } STATE OF CALIFORNIA II, being first duly sworn, deposes and States: I am 0. qualified and register voter of the City of Arcadia and that I reside and live within .said City; that all of the signatures of each sh~t hereof were made in my presence; that all sh~ts were securely fastened tORether at the top at the time such signatures were appended thereto; that to the best of my knowledge and belief each sig- nature is the ,Renuine si,qnature of the person whose name purports to b: thereunto subscribed and each si,qner is a Qualified. registered voter of the City of Arcadia. Suscrib,d tmd sworn to b,/or6 m. this-AlI'Y 0/ ,1951 NS' 211 NOJ4fJ P"blie i" tmd /M th, COUtUy of Lm Ang.IflS, SUI. 0/ C~i/QNJU