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HomeMy WebLinkAbout3587 -. RESOLUTION NO. 3587 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DENYING THE APPLICATION FOR CHANGE OF ZONE FROM ZONE R-2 TO ZONE C-2 AND D (ARCHITECTURAL OVERLAY) OF PROPERTY LOCATED ON THE NORTHWEST CORNER OF DUARTE ROAD AND FIFTH AVENUE IN SAID CITY. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That there was filed with the City Planning Commission on November 15, 1962, the application of Ethlyn Grobmeier, as owner, for a change of zone from Zone R-2 to Zone C-2 and D (Architectural Overlay) on property located at 423, 425, 433 and 435 East Duarte Road in the City of Arcadia, described as follows: Those portions of Lot 1 of Tract No. 3522 in the City of Arcadia, County of Los Angeles, State of California, per map recorded in Book 38, Page 27, of Maps in the office of the County Recorder of said County described as follows: Parcell. Beginning at a point in the easterly line of said Lot 1, distant southerly thereon 224.78 feet from the northeasterly corner of said lot; thence westerly parallel with the northerly line of said lot, 112.5 feet; thence southerly parallel with said easterly line of said lot to a point in the southerly line thereof; thence easterly along said southerly line of said lot to the southeasterly corner thereof; thence northerly along said easterly line to the point of beginning. Parcel 2. Commencing at the northeast corner of sald Lot 1; thence South 0028' East along the easterly 11ne thereof 226.3 feet and South 89032' West parallel with the northerly line of said Lot 1, 110 feet for the true point of beglnnlng for this description; thence South 89032' West parallel with said northerly line, 72.72 feet, more or less, to a point distant easterly measured along said parallel line 68 feet from the westerly line thereof; thence South 0056'39" East parallel with the westerly line of said Lot 1 to a point in the southerly -1- 3587 , , line thereof; thence North 80035' East along said southerly line to a point which bears South 0028' East from said true point of beginning; thence North 0028' West along said line so bearing to the true point of beginning. EXCEPT the east 30 inches thereof, said 30 inch strip of land being shortened or extended to terminate in the northerly and southerly line of above described real property. That after notice required by the Zoning Ordinance of said City, as amended, a public hearing was duly held on said matter by and before said City Planning Commission on January 8, 1963, which hearing was duly continued to January 22, 1963, at each of which times all interested persons were given a full opportunity to be heard and to present evidence. That the City Planning Commission thereon adopted its certain Resolution N~. 470 wherein and whereby it made findings and determinations and recommended the denial of the requested zone change. That thereafter, after notice duly given, a public hearing on said matter was held by and before this City Council on April 16, 1963 at which time all interested persons were given full opportunity to be heard and to present evidence. SECTION 2. That subject properties are located in a block every lot of which is zoned R-2 and used exclusively for residential purposes. That properties on the south side of Duarte Road from Fifth Avenue to a point west of Third Avenue are in Zone R-l and used exclusively for that purpose. That there is no com- mercial zoning or commercial use of land on the north and south sides of Duarte Road from the Arcadia City boundary at Fifth Avenue to a point west of Third Avenue. That every lot between Third Avenue and Fifth Avenue from Duarte Road to California Street is zoned R-2 the same as Bubject property, and every lot between Third -2- 3587 '. ' Avenue and Fifth Avenue south of Duarte Road all the way to Camino Real is zoned R-l. SECTION 3. That the requested application, if granted, would constitute objectionable spot zoning and is not justified by good zoning practice, public necessity, convenience or general welfare. That subject property is located adjacent to the easterly city boundary. That somewhat to the east of the city boundary there is some commercial development in another city. That this fact alone neither justifies nor requires the requested reclassification of subject property. That if commercial encroachment into purely residential zones is to be prevented, this can best be accomplished at the city boundary. SECTION 4. That subject property with respect to its zoning, use and alleged incipient deterioration, is no different than any other property in the general area. That although the reclassification to some less restricted zone of subject property or of the properties surrounding might tend to revitalize and re- develop the area, subject property alone should in no event be singled out for reclassification. That reclassification to some- thing more restrictive than Zone C-2 might likewise tend to re- vitalize the area and might be better justified by good zoning practice. That what area should be reclassified and into what zone such area should be placed are matters that can be properly deter- mined only by an intensive study of the entire area. SECTION 5. That for the foregoing reasons the requested reclassification of the above described property should be and the same is hereby denied, without prejudice however to any future con- sideration of said or any similar application after completion of an intensive study of the entire area of which subject property is but a part. -3- 3587 '. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. 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 7th day of May , 1963, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Balser, Butterworth, and Phillips NOES: Reibold and Turner ABSENT: None &~~, d7 ~ City Clerk of the City of Arcadia SIGNED AND APPROVED this 7th day of May , 1963. \ r;b~~~ Mayor of the City of Arcad a ATTEST: ~~~ City Clerk (SEAL) -4- 3587