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HomeMy WebLinkAbout3356 RESOLUTION NO. 3356 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DENYING A CHANGE OF ZONE OF CERTAIN PROPERTY ON DUARTE ROAD AND HOLLY AVENUE AND GRANTING A VARIANCE TO PERMIT SAID PROPERTY ON DUARTE ROAD TO BE USED FOR ANY R-3 PURPOSE UNDER SPECIFIED CONDITIONS. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the City Planning Commission did, on its own mo~ion, initiate proceedings pursuant to Resolution No. 396 for the purpose of considering and making recommendations concern- ing the reclassification from Zone R-I to Zone R-3 or to some more restrictive zone, of property on the north and south sides of Duarte Road between Holly and Baldwin Avenues and of two lots facing on Holly Avenue, pursuant to which a public hearing thereon was duly held by and before said Commission on January 10, 1961, at which hearing all interested persons were given full opportunity to be heard and to present evidence. That on January 24, 1961, said City Planning Commission adopted its certain Resolution No. 403, wherein and whereby it made certain recommendations for the various parcels of property above described. That after notice duly given as required by law the Council did on February 20, 1961, hold a public hearing on said matter, at which time all interested persons were given full opportunity to be heard. SECTION 2. That owners of or representatives for the properties on Duarte Road hereinafter described in this section requested that their properties remain in the present R-l Zone classification; that although general principles of planning might indicate the reclassification would be desirable at this time, -l- 3356 placing said property in a less restrictive zone contrary to the wishes of the owners at this time would serve little useful pur- pose. That for the foregoing reasons the following described real property in the County of Los Angeles, State of California, should remain in and the same is hereby reestablished as property in Zone R-l, to wit: Parcel I. The east one-half of Lot 43, Tract No. 3430, as shown on map recorded in Book 42, page 300f Maps, records of said County. ) Parcel 2. Lots 1 to 4 inclusive and the north 60 feet of Lot 5, Tract No. 8487, as shown on map recorded in Book 114, page 4~ of Maps, records of said County. SECTION 3. That the parcels of property hereinafter in this section described are zoned, developed and used for church purposes and no useful purpose would be served by changing the R-2 zoning at this time. That for the foregoing reason the follow- ing described real property in the County of Los Angeles, State of California, should remain in and the same is hereby reestablished as property in Zone R-2, to wit: Parcell. The west 170 feet of that portion of Lot 1, Tract No. 4090 as shown on map recorded in Book 43, page 4~ of Maps, records of said County, lying north of the north line of Tract No. 6548, as shown on map recorded in Book 82, page 45, of Maps, records of said County. ~ Parcel 2. The east 436 feet of that portion of Lot I, Tract No. 4090, as shown on map , recorded in Book 43, page 47, of Maps, records of said County, lying north of the north line of Tract No. 6548, as shown on map recorded in Book 82, page 45, of Maps, ,records of said County, and west of Holly Avenue (60 feet wide), excepting therefrom the south 200 feet of the east 277 feet thereof. SECTION 4. That under a variance and a special use permit, one lot hereinafter described has been completely de- veloped as a mortuary and ,no further zoning relief is necessary at this time. That for the foregoing reason, the following property in the County of Los Angeles, State of California, -2- 3356 should remain in Zone R-I, to wit: Lot 44, Tract No. 3430, per map recorded in Book 42, page 32, of Maps, records of said County. SECTION 5. That except for churches and schools which are a necessary incident to residential areas, Holly Avenue from Duarte Road to the southerly city limits is zoned for single family residences. That this exclusive residential character should be maintained and for that reason the following described property in the County of Los Angeles, state of California, should remain in its present R-l classification, to wit: 'The south 200 feet of the east 277 feet of that portion of Lot 1, Tract No. 4090, as shown on map recorded in Book 43, page 47, of Maps, records of said County, lying north of the north line of Tract No. 6548, as shown on map recorded in Book 82, page 45 of Maps, records of said County, and west of Holly Avenue (60 feet wide). SECTION 6. That no owner of any portion of the property described in Section 7 hereinafter expressed a desire to have his or her property reclassified to any zone less than Zone R-3, and all owners thereof who expressed themselves, either orally or in writing, insisted upon R-3 zoning. That subject property is bounded on the north by the rear of lots facing Fairview Avenue presently zoned R-3j that properties from the westerly end of subject property to the westerly side of Baldwin Avenue are zoned for and developed to commercial uses. That although Duarte Road is a main East-West thoroughfare permitting even truck travel, portions of subject property are improved with beautiful churches, and Duarte Road east of subject property contains the Holly Avenue School, the Arcadia High School, the Arcadia City Library and some very fine single family residences. That although subject prop- erty by reason of its proximity to commercial properties on the west and its location upon a heavily travelled street is not -3- 3356 ideally suited for single family dwellings, its proximity to a fine residential area, chu~ches, schools and public buildings through and to which Duarte Road serves as a principal means of access requires the preservation to a reasonable degree of a residential atmosphere and less density of dwelling construction than would otherwise be proper. SECTION 7. That for the foregoing reasons a variance from the provisions of the Zoning Ordinance is hereby granted so as to permit the following described property in the County of Los Angeles, State of California: Parcell. Lots 45 to 55 inclusive, Tract No. 3430, as shown on map recorded in Book 42, page 32, of Maps, records of said CountYJ Parcel 2. Lot 2 and that portion of Lot I, Tract No. 4090, as shown on map recorded in Book 43, page 47, of Maps, records of said County, lying north of the north line of Tract No. 6548, as shown on map recorded in Book 82, page 45, of Maps, records of said County, and west of Holly Avenue (60 feet wide) excepting therefrom the west 170 feet and the east 436 feet thereof, to be used for any R-3 purpose authorized by Division 5 of Part 5 of Chapter 2 of Article IX of the Arcadia Municipal Code, upon the following conditions: a. That the southerly 12 feet of each lot or parcel facing or abutting the northerly side of Duarte Road be dedicated to the City of Arcadia for street purposes, ex- cept where dedication may already have been made. b. That the northerly 12 feet of each lot or parcel facing or abutting the southerly side of Duarte Road be dedicated to the City of Arcadia for street purposes, except where dedication may already have been made. c. That that portion of La Cadena Avenue (formely known as EI Molino Avenue) vacated by Ordinance 101, adjacent to Lot 48 of said Tract No. 3430, be dedicated to the City of Arcadia for street purposes. d. That no more than one dwelling unit be constructed or maintained for each 2000 square feet of area in any lot or parcel. -4- 3356 e. That no dwelling unit shall contain less than 600 square,feet of floor area, and all dwelling units on one lot shall contain an average of not less than 850 square feet of floor area. f. No portion of any building constructed within the front 65 feet of any lot or parcel, measured after all street dedications herein- before required shall have been made, shall exceed one story or 16 feet in height. g. No buildings or other structures, other than fences, walls, lighting equipment, bumper strips, landscape architectural features and uncovered automobile parking places, shall be erected or maintained within ,the rear 45 feet of any lot or parcel. h. The lot or parcel at the northwest corner of Holly Avenue and'Duarte Road, known as 1115 , Holly Avenue, shall comply with the set-back applicable both to Holly Avenue and to Duarte Road. i. That all fences and walls existing on any lot or parcel be made to conform in height and location with the requirements therefor speci- fied in aforesaid Division 5, Part 5, Chapter 2, Article IX of the Arcadia Municipal Code. j. That one driveway 20 feet in width (instead of two 10 foot driveways) and unobstructed from the ground upward other than eave over- hang as specified in Section 9255.2.10 of the Arcadia Municipal Code shall be constructed and maintained as access to all automobile parking spaces provided upon each respective lot or parcel. ' k. That each lot or parcel of property included within the property described in this Section may be used for any purpose hereinbefore speci- fied upon compl+ance with each of the conditions herein set forth insofar as they affect such lot or parcel of property. 1. That the planning commission shall retain authority, without the necessity of further notice or proceedings, to make minor modifi- cations in any of the foregoing conditions or regulations if such modifications are necessary and desirable and will nevertheless accompliSh substantially the same results as will the strict adherence to the conditions and regulations herein set forth. m. That except as herein otherwise specifically provided, the provisions of Title 2, Division 5, Part 5, Chapter 2, Article IX of the Arcadia Municipal Code shall be applicable to all structures and uses hereafter erected or con- ducted upon each property used for any purpose authorized by the variance herein recommended. -5- 3356 " n. That Section 9291.2.11 of the Arcadia Munici- pal Code be suspended for a period of ten years from and after the effective date of the variance hereby recommended. o. That each of the foregoing conditions shall be continuing in nature and the violation of anyone or more thereof shall constitute grounds for the revocation or modification of the variance hereby recommended as to the lot or parcel with respect to which such violation occurs. SECTION 8. 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 March ,1961, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Balser, Butterworth, Phillips, Reibold and Camphouse NOES: None ABSENT: None ~~~~ / City Cler or the Ci y of rc~ SIGNED AND APPROVED this 7th day of March ,1961. ~{:I;-~ ATTEST: ~ /J/J ( --- eA/U~ t:l4f City Clerk (SEAL) -6- 3356