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RESOLUTION NO. 25U
A.. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, r.lAKING CERTAIN
FINDINGS AND D.ETEBMINATIOlfS UNDER THE
AUTHORITY OF SECTION 15-A-1, OF ORDINANCE
NO. 760 REGARDING THE CLASSIFICATION OF
SWIMMING POOLS]
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WHEREAS~ Ordinance No. 760 of the City of Arcadi8l pro-
vides in part as follows:
~xcept as hereinafter provided, no building shall be erected,
constructed, reconstructed or established, nor shall any
building or land be used for any purpose other than is per-
mitted in the same zone in which such building or land is
located. If any ~use~ is for any reason omlttedfram the
lists of those specified as permissible in each of the vari-
oua zones herein designated.,. or if ambiguity arises concern-
ing the appropriate classification of a particular use wi thin
the meaning and intent ot this ordinance, or if ambiguity
exists with reference to matters of height, yard requirements,
or area requirements as set forth herein and as they may per-
tain to untorseen circumstances, it shall be the duty of the
City Planning Commission to ascertain all pertinent facta
concerning said use and by resolution of record set forth its
findings and the reasons therefor, and such findings and
resolutions; shall be referred to the City Council, 8nd~ if ap..-
proved by the City Council~ thereafter such interpretation
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shall govern.m
and
WHEREAS, Section 2 of said Ordinance No. 760 defines a
yard as .an open space other than a court, or a lot~ unoccupied
and unobstructed from the gIluund upward.;: and
WHEREAS, S>ection 2 of said Ordinance No. 760 defines 8l
structure as ~anyth1ng constructed or erected, which requires;
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location on the ground or attached to something having a location
on the ground, but not incl ucUng fences: or walls used as fences;
less than six (6) feet in heightm; and
WREREAS. swimming pools are not specifically mentioned in
Ordinance No. 760 as a use permissible in any zone but private
swimming pools have been consistently accepted as a use permissible
in a Zone R-l!; and
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~~ uncertainty and ambiguity exist with reference
to matters of yard requirements as affected by the aforesaid defini-
tions of yard and structure, particulSI'ly as applied to swimming
pools in residential areas; and
WHEREAS~ the c:1ty plAnning Commission did heretofore, on
April 13. 1954~ adopt its said Resolution No. 146 entitled ~A,
RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ARCADIA,
CALIFORNIA. MAKING CERTAIN FINDINGS AND RECOMMENDATIONS RELAT.IVE TO
THE PROPOSED AMENDMENT OF ORDINANCE NO. 760 OF SAID CITytt wherein
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and Whereby it made recommenda~ions concerning the location of pri-
vate swimming pools with reference to required yards; and
WHEREAS, the City Council! of the City of Arcadia, after a
public hearing duly noticed and held as required by law, did adopt
ordinance No. 894~ entitled aU ORDINANCE OF THE CITY COUNCIL OF' THE
CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION lI.5 OF ORDINANCE NO.
760 OF SAID CITY", wherein and whereby it adopted certain regula-
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tions concerning the location of private swimming pools with refer-
ence to required yards, which said ordinance will soon become
etfective;: and
WHEREAS, the City Planning Commission and the City Council
have ascertained all pertinent facts conoerning said situation and
have fully considered the matter;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA
DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That a private sw1.mm1ng pool:. is a structure
within the aforesaid definition of structure and the location of a
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private swimming pool shall be deemed a structure when and for the
purpose of determining the requirements for front, side and rear
yards and computing area requirements under and in accordance with
the terms and provisions of said Ordinance No. 760.
SECTION 2. The City C]e rk shall certify to the adoption
of this Resolution.
I HEREBY CERTIFY that the foregoing Resolution was adopted
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at a regular lIB eting of
held on the 20th
the City Council of the City of Arcadia,
of July, 1954. by the affirmative vote of
at least three,Councilmsn, to-wit:
AYES:.
NOES:
,ABSENT :
Councilmen Camphouse, Dennis, now and Hulse
None
Councilman Kennett
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ity Clerk of the City ot Arcadia
SIGNED AND APPROVED THI5 20th day of July, 1954.
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,EilOTWPOR.
ATTEST :.
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. 'City Cler~
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