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HomeMy WebLinkAboutD-2403 ~- . T '0-.- ...-i----~ --~.,..~'::(~~--~, t~'~~). 89':1040254 ... ',-' ,". '.- -.' -. '" 6<..., (/..j I RECEIVED ... .. RECORDING REQUESTED BY, 'AND WHEN RECORDED RETURN TO: City Attorney City of Arcadia :240 W, Huntington Drive Arcadia, CA 91006 RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY, CAUFORNIA 1 M1N, 9 A,M, JUN 291989 PAST, JUL 27 1989 CITY OF ARCADIA CITY ATTORNEY I FEE $ 31.00 II II COVENANT AND AGREEMENT FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, in the form of a reduction of minimum lot size from 30,000 square feet to 22,000 square feet, granted by the adoption of City of Arcadia Ordinance No. 1708, receipt of which is hereby acknowledged, MCCASLIN PROPERTIES, a California General Partnership hereinafter referred to collectively as "Covenantors", hereby declare that they are the owners of that certain real property located in the City of Arcadia, County of Los Angeles, State of California commonly known as "Anoakia Area" or 701 West Foothill Boulevard and legally described as follows: Portion of Lot 3, Tract No. 948, Map Book 17, Page 21, and portions of Rancho Santa Anita Tract, Pat. I, 97 & 98. : all of which aforedescribed is hereinafter referred to ,collecti vely as the "Affected Land" hereby agree and covenant :wi th the City of Arcadia, a Municipal Corporation (hereinafter :referred to as the "Covenantee") on behalf of and for the benefit :of the Covenantee's land, which is the public street and right- :of-way adjacent and contiguous to the Affected Land, and on :behalf of and for the benefit of the "Benefitted Land" which :consists of and includes all the public and private land located ,within 500 feet of the Affected Land, as ,follows: 1. That I will comply with all provisions contained in 'Resolution No, 5288 of the City Council of the City of Arcadia, a :copy of which is attached hereto as Exhibit "A" and by this Ireference incorporated herein pertaining to the Anoakia area and '<any amendments thereto and will abide with all decisions rendered 'thereunder. 2. To the suspension of the R-O 30,000 & D zoning of the Anoakia area and the reinstatement of said R-O 30,000 & D zoning for the Anoakia area, in accordance with the terms and conditions of Ordinance No. 1708, a copy of which is attached as Exhibit "B" 'and by this reference incorporated herein. 3. Covenantor agrees to notify his assignees and successors in interest in Affected Land of this Covenant and Agreement. 4. This Covenant and Agreement is for the benefit of the land of and shall inure 'to the benefit of the City of Arcadia and its heirs, successors and assigns and is for the benefit of and shall inure to the benef i t of all the Benef i t ted Land and the heirs, successors and assigns of the owners of the Benefitted Land, and this Covenant and Agreement shall run with the land and ,~ shall be binding upon the heirs, successors and assigns of the Covenantors. 5. The City of Arcadia in its capacity as Covenantee and in .its capacity as the legal representative of the residents of the City of Arcadia and more ,particularly as an owner of the Benfitted Land is hereby authorized to enforce the provisions of this Covenant and Agreement. " \ .- , " PAR'Th"ER5HI P " I STATE OF CALIFORNIA I , COUNTY OF I orl.J.VY\.Jl..-(CI tC/g . before U'leh the under8ign~d. a notary public in and for said st,ate. personally appeared kO tul2 P. '1Y\C 0:1s...tl. _, , personally known to me (or proved to me on the basis of aatisfactory evidence to be the person that executed this instrument, on behalf of the partnership and acknowledged 'to me, that the partnership executed it. i I ~ ) 55. !' I WITNESS lIlY hand and I , (S~al ) , official seal ~':,,<:-~~--:-"""~-' -~=~~.~,-~..". "- OFF1Cl;\1 c"" CATHERINE B CORRY NOTARY PUBllC - CALIFORNIA LOS ANGELES COUNTY My camm. expires AUG 18, 1992 ~t'-C 13. &vr- -....~~..:;.- I 3M I 89 1040254 . .' < " , /,'1 . I, -.' '-. ~ , -y-'- :ro. _,__ -9:- , .< ;; ,', 6. If any section, subsection, sentence, clause, phrase or portion of this Covenant and Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Covenant and Agreement. 7. I agree and affirm that I am authorized to sign this Agreement and legally bind the "Anoakia Area" to the terms of this Covenant and Agreement. IN WITNESS WHEREOF, Covenantors and Covenantee have executed this instrument on the date shown opposite their signatures. "COVENANTOR" MCCASLIN PROPERTIES A California General Partnership ".cot} ,.~ 11' og ~ 1!( ;:c~ General Partner "COVENANTEE" Dated: & - ~/-f?9 It. ~/ Ge rei ts City Man ger APPROVED AS TO FORM: ?a':Lo/.. .KJ!1~ City Attorney " . I l 89 :1040254 -2- ,"/~ '. , , l! , " 11 , " " '\ it , ~ " of I ',j Ii ;: II , " I ': \, 'I -, ~ \ . ." " E~h~lr A RESOLUTION NO. 5288 #""/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DETERMINING AND AMENDING REGULATIONS APPLICABLE TO REAL PROPERTY IN THE AREA WEST OF BALDWIN AVENUE AND NORTH OF FOOTHILL BOULEVARD D ARCHITECTURAL DESIGN ZONE AREA THE CITY COUNCIL OF THE CITY OF ARCADIA DOES DETERMINE AND RESOLVE AS FOLLOWS; SECTION 1. That the City Council hereby repeals Resolution No. 4219. and adopts the following resolution pursuant to Ordinance No. 1439, for the property described in Exhibit A, attached hereto. To implement the regulations applicable to the real property within the Rancho Santa Anita Property Owners Association D Architectural Design Zone area, the Architectural Review Board is established and is he'reinafter referred to as the "Board". The governing body of the Board, is the Rancho Santa Anita Property Owners Association, Inc. SECTION 2. In order to promote and maintain the quality single- family residential environment of the City of Arcadia, and to protect the property values and architectural character of such residential environments; in those portions of the City in which the residents have formed a homeowners association, and to accomplish the purposes set forth in Section 4, there is hereby established the following regulations and procedures in which said association may exercise plan review authority. B9 1040254 1. 5288 ( _-..__C ___-~ :'.w---" -",,~.s. . ~... ~-~-..--,,~. ~~ ~ SECTION 3. In order that buildings, structures and landscaping on property within said area will be harmonious with each other and to ;~ promote the full and proper utilization of said property, the following ii conditions are hereby imposed upon all property in said area pursuant to the zoning regulations of the Arcadia Municipal Code, and all those in " control of property within said area. are subject to this resolution and Ordinance No. 1832: 1. FLOOR AREA.' No one-family dwelling shall be erected or permitted which contains less than 2,500 square feet of ground floor area. The space contained within any covered porch, balcony. or garage " attached to a dwelling shall be computed at one-half of the actual square footage therein contained. The minimum required floor area shall j ~ ': be deemed to include the area measured from the outer faces of the exterior walls. " " \ " 2. FRONT YARD. No building or other structure shall be erected less than forty (40) feet from the front property line. If a dwelling with a larger front yard than the minimum required by the ,underlying .. " !I zone designation exists on a lot on either side of a lot proposed to be it ,- Ii " " " ,i ii improved, the Board shall have the power to require an appropriate front yard on the lot to be improved, including a setback up to a size as large as an adjacent front yard. 3. REAR YARD. No building or other structure shall be erected less than forty (40) feet from the rear property line. 4. SIDE YARD. No building or other structure shall be erected less than fifteen (15) feet from the side yard property line. 5. CORNER LOTS. No building or other structure shall be erected less than twenty-five (25) feet from the side street property line. 2 89 1.040254 5288 ; . i I " i) !: l' I: ~ : " " " il lot " ,I ot il t! '. II II , " " " ,I -.-----=-.- - ...---,,-; -1.-- < . , ~ i 6.... 6. FRONT OF DWELLING. Any dwelling placed or maintained on any lot shall face the front thereof. ~~ 7. GARAGES. Any separate garage not connected to the dwelling as an integral part thereof and located in the front 150 feet of the lot shall be not closer to the front property line than the main structure. 8. TREES. No living oak, sycamore, liquidambar, magnolia, or pine tree with a trunk diameter larger than six inches, measured at a point on the tree which is not more than three feet above the grade immediately sdjacent to said tree, shall be cut down, killed or removed in any manner, without first securing the written permission of the Board. Such permission shall not be granted unless it is shown that the tree is a nuisance, and that there is no practical way of removing the nuisance except by cutting down. killing or removing it. 9. EXTERIOR BUILDING MATERIALS. Materials used on the exterior of any structure, including roofing, wall or fence greater than two (2) feet above the lowest adjacent grade, shall be compatible with materials of other structures on the same lot and with other structures in the neighborhood. 10. EXTERIOR BUILDING APPEARANCE. The appearance of any structure, including roof, wall or fence shall be compatible with existing structures, roofing, walls or fences in the neighborhood. 11. ,~~PROVAL OF BOARD REQUIRED. No structure, roof, wall or fence greater than two (2) feet above the lowest adjacent grade, shall be erected, placed or replaced unless approved by the Board. Plans for the erection, placement, or replacement of any structure, roof, wall or fence, sho\iing the precise location on the lot of the structure, wall or fence, shall be submitted to the Board. 3 89 1.040254 5288 - . " Ii " j, : " ;, 'I 'it " ., .\ I . . " ~, , o No structure, roof, wall or fence shall be erected, placed or replaced except in exact conformance with the plans approved by the ~~' Board. If necessary to properly consider any application, the Board may require specific plans, working drawings, specifications, color charts and material samples. The provisions of this requirement shall not apply if the project , consists only of work inside a building which does not substantially change the external appearance of the building. 12. ARCHITECTURAL REVIEW BOARD. The Board shall be empowered to transact business and exercise powers herein conferred, only if the following requirements exist: a. A formally organized property owner's organization exists in said area. b. The organization has by-laws adopted that,authorize the establishment of the Board. c. Said by-laws provide for appointment of property owners, only, to the Board. d. Owners have been appointed to the Board in accordance with the by-laws. e. A copy of the by-laws and any amendments thereto have been filed with the City Clerk and the Director of Planning. f. The Board shall designate a custodian of records who shall maintain said records and make them available for public review upon reasonable request. g. Permanent written records of the meetings, findings, action, and decision of the Board shall be maintained by the Board. 4 89 1.040254 5288 ? Any decision by the Board shall be accompanied by specific findings setting forth the reasons for the Board's decision. ~; Any decision by the Board shall be made by a majority of the entire membership of the Board, and such decision shall be rendered by the Board members who considered the application. , , A copy of the Board's findings and decision shall be mailed to the' applicant within three (3) working days of the Board's decision. h. All meetings of the Board shall be open to the public in accordance with the Ralph M. Brown Act (California Open Meeting Law). 13. POWERS OF THE BOARD. The Board shall have the power to: a. Determine and approve an appropriate front yard pursuant to " i, Condition 2 of Section 3. " " " b. Determine whether materials and appearance are compatible in !\ accordance with the above Conditions 9 & 10 of Section 3. " " " " c. If a grading plan is required for a building permit for a structure, the Board may require such plan to be submitted along with the building plans. ; ~ d. Any of the conditions set forth in Conditions 1 through 8 of It Section 3, may be made less restrictive by the Board if the Board " " determines that such action will foster the development of a lot and " :; " " i' ii will not adversely affect the use and enjoyment of the adjacent lots and II , the general.!l~ighborhood and would not be inconsistent with the provisions and intent of this Resolution. e. The Board shall have the power to establish rules for the purpose of exercising its duties, subject to review and approval of the City. Copies of such rules shall be kept on file with the Secretary of the Association and the City Clerk. 89 1040254 5 5288 . . .:;::. ;. ~ 14. SHORT REVIEW PROCESS PROCEDURE. ' a. The Short Review Process may be used by the Board for the ;~ review of applications for modifications to the requirements set forth in Conditions 1 through 8 of Section 3, provided that the application for a Short Review Process shall be accompanied by a completed application form which shall contain the signatures of all contiguous property owners indicating their awareness and approval of the application. b. The Board is not required to hold a noticed, scheduled meeting for the consideration of a Short Review Process Application. c. The Board Chairman or another Board member designated by the Board Chairman, to act in his absence, shall render his decision on a , I' Short Review Process application within ten (10) working days from the date such request is filed with the Board; failure to take action in said time shall, at the end of the ten (10) working day period. be deemed an approval of the plans. d. The Board may determine which requirements set forth in ;l !I it " " d '; " , " 'I I. Contitions 1 through 8 of Section 3 are not appropriate for the Short Review Process, and therefore require the Regular Review Process for the consideration of such Conditions. Any list of such Conditions which are not appropriate for the Short Review Process shall be filed in writting with the C~t~ Clerk and the Director of Planning. :1 15. REGULAR REVIEW PROCESS PROCEDURES. a. The Regular Review Process shall be used by the Board for the review of the Conditions 1 through 8 of Section 3, (elligible for Short Review) in those cases in which the applicant failed to obtain the signatures of approval from all of the required property owners. 6 89 1040254 ( , y .- ~, , ). . 9 b. The Regular Review Process must be used for the review of applications to those Conditions 1 through 8 of Section 3, which the /~'Board has determined are not appropriate for the Short Review Process , i pursuant to the above. c. The Board is required to hold a noticed, scheduled meeting for the consideration of a Regular Review Process Application. d. Notice of the Board's meeting shall be mailed, postage prepaid to the applicant and to all property owners within one hundred feet (100') of the subject property, not less than ten (10) calendar days before the date of such meeting. , , The applicant shall also provide the Board with the last known name and ! ! address, of such owners as show upon the assessment rolls of the City or Ii of the County. " The applicant shall also provide the Board with letter size " , ' , , , ' envelopes, which are addressed to the property owners who are to receive said notice. The applicant shall provide the proper postage on each of said envelopes. ;; I I't e. Any decision by the Board shall be made by a majority' of the entire membership of the Board, and such decision shall be rendered by 'I " ~ 1 \j the Board members who considered the application. ii f. The Board shall render it's decision on a Regular Review Process application within thirty (30) working days from the date such II :I request is filed with the Board; failure to take action in said time shall, at the end of the thirty (30) working day period, be deemed an approval of the plans. 16. EXPIRATION OF BOARD'S APPROVAL. If for a period of one (1) year from date of approval, any project for which plans have been " " 7 ,89 1040254 5288 " II . . . ~ <, /0 approved by the Board, has been unused, abandoned or discontinued, said approval shall become null and void and of no effect. ;! 17. LIMIT ON BOARD'S POtVER. The Board shall not have the power , i to waive any regulations in the Code pertaining to the basic zone of the property in said area. The Board may, however, make a recommendation to the City agency, which will be considering any such waiver request, ! ! regarding waiving such regulations. 18. APPEAL. Appeals from the Board shall be made to the Planning Commission. Said appeal shall be made in writing and delivered to the Planning Department within seven (7) working days of the Board's " decision and shall be accompanied by an appeal fee in accordance with :: " the applicable fee schedule adopted by resolution of the City Council. " I ~ Upon receipt in proper form of an appeal from the Board's decision, such appeal shall be processed by the Planning Department in !: " " accordance with the same procedures applicable to appeals from the " Modification Committee. 19. STANDARDS FOR BOARD DECISIONS AND APPEALS. The Board and any ,! " body hearing an appeal from the Board's decision shall be guided by the ii' 'I " . ~ following principles: a. Control of architectural appearance and use of materials shall :1 , " II not be so exercised that individual initiative is stifled in creating II the appear~~~e of external features of any particular structure, building, fence, wall or roof, except to the extent necessary to establish contemporary accepted standards of harmony ,and compatibility acceptable to the Board or the body hearing an appeal in order to avoid that which is excessive, garish, and substantially unrelated to the neighborhood. ( pertains to Conditions Nos. 9 & 10 of Section 3 of this II i' 8 89 1.040254 5288 " " " r , , Resolution - Exterior Building Materials & Exterior Building Appearance). ~/ b. Good architectural character is based upon the principles of ! i harmony and proportion in the elements of the structure as well as the relationship of such principles to adjacent structures and other structures in the neighborhood. (pertains to Conditions Nos. 9 & 10 of I: Section 3 of this Resolution - Exterior Building Materials & Exterior Building Appearance). c. A poorly designed external appearance of a structure, wall, fence, or roof, can be detrimental to the use and enjoyment and value of " adjacent property and neighborhood. (pertains to Conditions Nos. 9 & 10 I, of Section 3 of this Resolution - Exterior Building Materials & Exterior " !' !: Building Appearance). d. A good relationship between adjacent front yards increases the I, 1: value of properties and makes the use of both properties more enjoyable. (pertains to Condition No. 2 of Section 3 of this Resolution - Front Yards) . , " I If SECTION 4. The City Council finds and determines that the public health, safety and general welfare of the community require the adoption !!. ,I ,} 'I ':1 , " il of this Resolution. It is determined that the various land use controls, and property regulations as set forth herein are substantially related to maintenance of Arcadia's environment, for the purpose of :1 assuring that the appearance of structures will be compatible and harmonious with the use and enjoyment of surrounding properties. Design controls and aesthetic considerations will help maintain the beauty of the community, protect property values, and help assure protection from deterioration, blight, and unattractiveness all of which can have a 9 89 1040254 5288 - --------.r--.-- : i i ;, :i " :1 it " ,I ,I 'I II i' " iI ,I ;' " i' " it . . -" ., . fa., negative impact on the environment of the community, effecting property values, and the quality of life which is characteristic of Arcadia. ;"/ It is further determined that the purpose and function of this Resolution is' consistent with the history of the City and continued efforts through various means to maintain the City's land use, environmental, and economic goals and to assure perpetuation of both the psychological benefits and economic interests concomitant to an attractive, well maintained community with emphasis on residential living. All findings and statements of purpose in related Resolutions which pre-existed this Resolution or prior covenants, conditions, and restrictions constitute part of the rationale for this Resolution and are incorporated by reference., SECTION S. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution is for any reason held to be invalid by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The Council hereby declares that it would have adopted this Resolution and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that anyone or more section. subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid. 89 104025'1, 10 5288 --:- - --;ll - IJ SECTION 6. That the City Clerk shall certify to the adoption of this Resolution, ,,'/ Passed, approved and adopted this 1st day of April" 1986. i i /~/ DONALD PELLEGRrNO Mayor of the City of Arcadia ATIEST: Isl CHRISTINE VAN MAANEN City Clerk of the City of Arcadia : : , , , ! STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) , ' Ii !: , , I, CHRISTINE VAN MAANEN. Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5288 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and " " " " If attested to by the City Clerk at a regular meeting of said Council held on the lst day of April, 1986, and that said Resolution was adopted by ,I " 'I 'I I il the following vote, to wit: AYES: Councilmen Gilb, Hannah, Lojeski, Young and Pellegrino NOES:" > None !I ABSENT: None :: Isl CHRISTINE VAN MAANEN City Clerk of the City of Arcadia ;, i' 11 89 1040254 5288 " ,I II 'iJ) '~~-- . =._~ -- . -~- y Iy EXHIBIT A That property bounded on the south by the centerline of Foothill /J' Boulevard; on the west by the east line of Michillinda Avenue; on the , I east by the centerline of Baldwin Avenue; and on the north by the City limits. i " " I' J' " " :! 'I ii' .\- " ;, " :1 i' ji Ii ;1 89 1040254 : ,~. . f~~l~\\'P~,' , ORDIl'lANCB NO. 1708 > " .- " <51.. AN ORDINANCB OF THB CITY OF ARCADIA SUSPENDING ORDINANCE NO. 1625 AND ARCADIA KIlNICIPAL CODE , SBCTION 9233.3 OF TBI ZONING ORDIlWfCB TO RECLASSIF! 11IE ANOAKIA AREA AT 701 WEST FOOTHILL BOULEVARD FR(II R-O 33,000 & D TO"R-O 22,000 & D. THE CITY COUNCIL OF 11IB CITY OF ARCADIA DOBS HEREBY ORDAIN AS FOLLOWS: SBCTION 1. That we hereby make the following findings of fact upon which this ordiDance 18 basri: A. An application was fUed by Lowry B. ~Caslin on February 19, 1980, requesting a 1I000e change frOlll R-O & D 30,000 to R-O & D 22,000 for the property at 701 West FoothUl Boulevard, hereinafter referred to as "Anoakia area", !DOre particularly desc:ribed ae followa: Portion of Lot 3, Tract No. 948, Map Book 17, Page 21, and portions of Rancho Santa Anita Tract, Pat. 1, 97 & 98. B. A public hearing was held on May 6, 1980, at which t1llla all interested persona were given full opportunity to be heard and to present evid81lCe, and,,-::- Lowry B. McCaslin's representative and agent Mark McCaslin, hia son, represented on , applicant's behalf that applicant 18 wUling to agree to comply with all provisions contained in Resolution No. 4740 (architectural design) pertaiD1llg to Anoakia area, and abide by all decisions rendered thereunder. C. That but for applicant's agreement to comply with all provisions contained in Resolution No. 4740 (architectural design) and abide by all decisions rendered thereunder, that R-O 22,000 & D would not be the highest and beat use of the Anoak1a area cone1atent with present zoning classifications, and that R-o 30,000 & D would be the hiahest and best use of the Anoak1a area consistent with present zoning classif ica- tione, D. That eo, ~I as applicant and his successors in interest to the Anoakia area comply with RellOlut101l Ro. 4740 end any amendments thereto and sbide by sll decisions rendered thereunder, then Il-O 22,000 & D zoning is the highest and best use of the Anoak1a area consistent with present zoning classifications. B. That s~ long as applicant and his successors in interest to the Anoak1a area comply with Resolution No. 4740 and any amendments thereto and abide by all decisions rendered thereunder, then Il-O 22,000 & D zoning wUl provide unifora ZOIling within the -1- 89 10402S4l, 1708 ~ . Anoak1a area and Upper Rancho area, it will bring the zoning into conformance with the General Plan for the Anoakia area, the public convenience, necessity and general welfare justify the above zone change, and it will provide economic and social advant- ages resulting from an orderly planned use of land resources. SECTION 2. That portion of Ordinance No. 1625 imposing R-O 30,000 & D zoning on the Anoakia area, is hereby suspended and that portion shall remain inoperative and this Ordinance No. 1708 shall remain operative only so long as applicant and his successors in interest comply with Resolution No. 4740 of the Arcadia City Council and any amendments thereto, and abide by all decisions rendered thereunder as determined by the City Council of the City of Arcadia. Any such determination by the City Council of the City of Arcadia shall be final and conclusive. !f the City Council of the City of Arcadia makes a deter- mination that applicant or his successors in interest have failed to comply with Arcadia City Council Resolution No. 4740 or any amendments thereto, or have failed to abide by sl1 decisions rendered thereunder, then tha:: portion of Ordinance No. 1625 hereby sus- pended shall be deemed, for all purposes, to have been in full force and effect at all times from and after May 19, 1978. I{, SECTION 3. That Section 9233.3 of the Arcadia Municipal Code is hereby amended, by amending the zoning map contained in said Section 9233.3 so that the property commonly known as the "Anoakia aliea", hereinafter referred to as such, presently classified as R-O 30,000 & D First One-Family Zone and Architectural Design Zone, shall hereafter be classified as R-O 22,000 & D First One-Fsmily Zone and Architectural Design Zone. SECTION 4. That this Ordinance No. 1708 is hereby adopted pursuant to the powers granted the City of Arcadia by Section 200 of the Arcadia City Charter. SECTION S. That the adoption of Resolution No. 4740 is hereby ratified and reaffirmed. SECTICN 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the vali~ity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby-declares that it would have adopted. this ordinance and each section, subsection. sentence, clause, phrase or portion thereof irrespective of the fact that anyone or m~re sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 7. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of' ordinances, which violations were committed prior to the effective date hereof, nor be construed' a~ affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be -2- 89 1.040254 1708 , '7 posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force-and effect. SECTION 8. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of the City within fifteen (15) days upon its adoption. Passed, approved and adopted this 20th day of June, 1989. /s/ ROGER CHANDLER Mayor of the City of Arcadia , ATTEST: /s/ JUNE D. ALFORD City Clerk of the City of Arcadia STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1708 was passed and adopted by the Arcadia Redevelopment Agency of the City of Arcadia, signed by the Chairman and attested to by the Secretary at a regular meeting of said Agency held on the 20th day of June, 1989, and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmernbers Harbicht, Lojeski, Young and Chandler NOES: None ABSENT: Councilmernber Gilb /s/ JUNE D. ALFORD City Clerk of the City of ARcadia -3- 89 10402S4}