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HomeMy WebLinkAbout2511 . 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] . 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 . . 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; . - 1 _. 2511 . 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 . ~~ 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 . 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- . 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 . - 2 - 2511 . 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 . 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 . ~~~~~ ' ity Clerk of the City ot Arcadia SIGNED AND APPROVED THI5 20th day of July, 1954. ~. ,EilOTWPOR. ATTEST :. ~ . 'City Cler~ . - 3 - 2511