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HomeMy WebLinkAboutNOVEMBER 30,1960 5178 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA ADJOURNED REGULAR MEETING NOVEMBER 30, 1960 I Pursuant to the order of adjournment of the regular meeting of the City Council of November 15, 1960, the City Council of the City of Arcadia met in regular adjourned session in the Council Chamber of the City Hall at 7:30 P.M., November 30,'1960. ROLL CALL PRESENT: ABSENT: Councilmen Balser, Butterworth, Reibold, Phillips Mayor Camp house ANNEXATION No. 20, Southeast Arcadia (Uninhabited) Mayor Pro Tempore Balser announced that the City Council has initiated proceedings for the annexation to the City of Arcadia of certain uninhabited territory contiguous and adjacent to the City limits of Arcadia, and that this Regular Adjourned Meeting has been called for 7:30 P.M. on this date in order that the City Council might consider the recommendations of the Planning Commission for interim emergency zoning to be adopted concurrent with such annexation and the classifying of said territory under the zoning regulations of the City; that at 9:00 P.M. the Council would hear from any person owning real property within the described territory, and that prior to 9:30 P.M. any owner of property within the above described territory might file written protest against the annexation. The City Clerk advised that no communications had been received regarding zoning. The City Manager outlined the boundaries of the territory in question on a map, stating that there are two areas involved: one being Annexation 15 rt ~~ which became a part of the City some time ago and the proposed Annexation ~ 7 20; that the part comprised of Annexation 15 is a strip running northerly of Dearborn Street; the balance of the area, lying south of Dearborn Street INDEXEDdown to Randolph Street from Peck Road to Cogswell Road, then northerly to the south side of East Clark Street, being the portion designated as proposed Annexation No. 20. The City Manager continued that the following are recommendations of the Planning Commission: I 1. A basic M-l zone be placed on all the area, including that portion of Annexation 15 which still remains R-l. so that it will be compatible with the proposed development on the west side of Peck Road, which was recently sold by the City. 2. To insure a desirable development in the area, that it be placed in Zone D (Architectural Overlay) with the following requirements: (a) 20 feet be dedicated along the east side of Peck Road where the dedication has no~now been made. ./ (b) An additional 5," feet be dedicated alon~ each side of Clark Street to make it a full 60 feet in width. .-/" ,/. (c) All.-buildings be set back 10 feet from the front property lines--after the street dedication. (d) Along the Peck Road frontage this setback shall be suitably landscaped and maintained in conformance with the west side of ' Peck Road. 1. 11-30-60 ANNEXATION No. 20 - Continued 5179 (e) All buildings constructed be of tilt-up concrete, concrete block or e~uivalent masonry construction and comply with the requirements of Fire Zone~. The City Manager added that the Staff and Building Inspector recommend Fire Zone 3 rather than 1 for the reason that Fire Zone 3 is proper for a manufacturing area whereas Zone 1 is placed primarily on commercial operations such as stores, and shopping centers. ' (f) All doors and windows on the street side of the building, except doors and windows used exclusively for light and ventilation, and opening directly into rooms used exclusively for business offices shall not comprise more than 10% of the area of the street side of the building and no rooms on the I street side of any building shall be used for storage, display or manufacturing purposes if more than 10% of the area of the street side of the building consists of doors and windows; that no door for transporting materials or equipment into or out of the building may face Peck Road unless set back from the front property line 40 feet or more. (g) That along the Peck Road frontage all parking areas for commercial and industrial vehicles and equipment shall be paved and shall be located to the rear or side of the building, All materials and equipment stored outside the building shall be stored at the side or rear of the main building and shall be enclosed by at least a 6 foot high masonry wall, and no materials stored outside shall project above the enclosed masonry wall. (h) parking of employee and customer vehicles will be permitted in front of said building. (i) Any work areas outside the',building shall be located in the rear of said building or at the side, and shall be enclosed with at least a 6 foot masonry wall. 3. That a special use permit be granted to allow a riding academy or board- ing stable for a period not to exceed 10 years on the property bounded by Peck Road, Clark Street, Myrtle Avenue and Dearborn Street; the stable use to have adequate enforcement of sanitation and health regulations. In this respect the City Manager stated that one of the owners of the property passed away November 26, 1960 and it is rather doubtful that such an academy will be built; however, that the remaining owner desires, since there is presently a substantial building located on the property costing approximately $50,000 some four years ago, that pending the development of manufacturing, to have this special use so that horses may be boarded, 4. That a special use permit be granted for the quarrying of rock and sand for a period of 10 years on property located north of the following described boundary line: Beginning at a point in the southerly line of State Street I located 400 feet easterly from peck Road; thence southerly parallel with Peck Road to the northerly line of Dearborn Street; thence easterly along the northerly line of Dearborn Street to the easterly line of Myrtle Avenue; thence southerly thereon to the northerly line of Clark Street, thence easterly thereon to the present easterly Arcadia City boundary line. The City Manager added that since the above recommendation was made by the Planning Commission the owner of the major portion of this property has requested that no quarrying use be authorized in the westerly block of Annexation 15; therefore, the recommendation is now that the quarrying be limited to the east side of Myrtle Avenue and north of Clark Street in these two blocks, and they recommend that the special use permit for quarrying purposes be subject to'the following conditions: 2, 11-30-60 Annexation No. 20 - Continued, I . I' , . I 5180 ,(a) That all operations conducted on the above described property be conducted in compliance with all valid require- ments of the Los Angeles County Air pollution Control District. (b) If necessity requires the installation of rock and sand processing equipment, an additional special use permit with suitable regulation shall be required. (c) If quarrying operation takes place a chain' link wire fence of a minimum height of six feet, topped with three strands of barbed wire, or' a masonry type wall of a minimum height of six feet be installed completely around the property, except that along the northerly side of Clark Street from Cogswell Road to Durfee Road, said masonry type wall shall be installed for the protection of the property to the south that is not involved in manufacturing zoning prior to the beginning of such quarrying operation. (d) All private roads connecting quarry, processing plant and stock pile shall be paved or be kept wetted down while being used, and shall be serviced and maintained so as to eliminate all dust so far as is possible. (e) All excavations from an open pit shall result in a finished slope no steeper than one foot horizontal to one foot vertical. (f) All excavating operations shall be conducted only between the hours of 6:00 A.M. and 7:00 P.M., except in case of a public emergency or whenever reasonable and necessary repairs of equipment are required. Any variation of the above mentioned hours shall have the approval of the City of Arcadia. (g) That there be a 25 foot buffer strip along' the northerly side of Clark Street and that a row of trees be planted and maintained along this buffer strip. 4. The City Manager continued that one of the owners of a portion of the property has also requested a zone variance to allow the raising of sheep for a period of five years; that such a use would not be in the best interests of the' City of Arcadia or the surrounding property and recommends that this variance not be granted. Mayor Pro Tempore Balser then declared the hearing open and inquired if any- one in the audience desired to address the Council regarding the zoning of proposed Annexation No. 20 and part of Annexation No. 15. Mr. George Fisher of Monrovia addressed the Council, stating in substance that he represented the Giveny interests, property owners on the south side of Clark Street west of Myrtle Avenue, and inquired if such property could be used for the purpose of disassemblying automobiles, selling used parts and the like, and also if the matter could be determined at this time or if a variance was needed for such purpose which must be specifically applied for. The City Manager advised that no specific variance is needed for this type of operation provided the restrictions of total enclosure are observed. To Mr. Fisher's inquiry as to whether a six foot redwood fence or a chain link fence would suffice the City Attorney advised that under the wording of the City's ordinance the operation must be within a building, not in'an open yard, open in that sense meaning uncovered. The City Attorney also stated that zoning placed on property concurrent 'with its annexation is done as an emergency measure for the purpose of securing relief forthwith and in order that the area does not remain stagnent for the period of time it takes to review a situation and classify 3. 11-30-60 Annexation No. 20 - Continued 5181 property to a specific zone; also in order to prevent improper uses from being commenced immediately upon annexation. That formal proceedings are at some future time conducted for a specific piece of property for a given purpose. Councilman Reibold suggested that Mr. Fisher receive an op1n10n at this time as to whether Council would favor, such an operation; that he personally felt it would not be in the best interests of the area as a whole to grant essentially an M-2 usage in the middle of an M-l zone. That it did not appear to him to be good zoning. The City Attorney added that Mr. Fisher's question had been whether he should apply at this time or later. That the other matters have been I recommended favorably by the Planning Commission for special use permits and although they follow somewhat basically the variance provisions as to procedure, special use permits are required only because the zoning ordinance itself recognizes characteristics inherent in certain operations that make them impossible to specifically classify in any zone and must be treated separately. He cited as an example the development of natural resources, which are hard to zone because they are developed and produced where they are found. That in the case of a variance, however, the require- ments are different in that certain findings are mandatory and a specific operation at a specific location is dealt with, and if a variance is granted certain conditions are imposed which make the variance such that it is not harmful or detrimental to other properties. That in his opinion a variance as such is best handled under a separate application than under a blanket type consideration such as is before the Council at this time. The Council agreeing with the City Attorney's explanation, and no one else desiring to speak, Councilman Butterworth moved that the hearing be closed. Councilman Reibold seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips NOES: None ABSENt: Mayor Camphouse The Council then discussed the:: various recommendations and conditions suggested by the Planning Commission and Staff and agreed as follows: 1. That Staff's recommendation as to building construction complying with Fire Zone 3 be accepted. 2. That regarding quarrying operations, a special use permit be granted for a period of ten years covering the following revised area: Beginning at the intersection of the southerly line of State Street with the easterly line of Myrtle Avenue; thence southerly along said easterly line of Myrtle Avenue to the northerly line of Dearborn Street; thence easterly along said I northerly line of Dearborn Street to the present easterly City boundary; thence northerly thereon to the southerly line of State Street; thence westerly thereon to the point of beginning. That a six foot chain link wire fence topped with three strands of barbed wire, or a six foot masonry type wall be installed completely around the property, except that along the northerly side of Clark Street from Cogswell Road to Durfee Road said masonry type wall shall be installed, and that all fences and walls required are to be installed prior to the beginning of any quarrying operations. Also that the perimeter of the property be posted as potential quarry zone once a year. 3. Regarding the Riding Academy, the City Attorney mentioned that the property is located in the immediate vicinity of area-wide County riding trails. The Council agreed to accept the recommendation of the Planning Commission upon the condition that if the use authorized is not acted upon ~ithin a period of six months the special use permit shall become null and void and ~f no effect. 4 . ll-30-60 Annexation No. 20 -' Continued I I WATER BOARD MEETINGS HEARING ON PROPOSED ANNEXATION NO. 20 5182 4. With regard to the "0" overlay provisions, Council agreed that 20 feet of the aforedescribed property be dedicated for widening Peck Road except where the dedication has already been made to a point 50 feet from the center line of Peck Road. 5. Upon questioning of the exact intent of the words "equivalent construction" Council agreed, upon the suggestion of the City Attorney, that a provision be added that the Planning Commission',and the City Council shall retain;authority, without the necessity of further proceed- ings, to make minor modifications in any of the regulations if such modifications are necessary and desirable and will accomplish substantially the same results as will the strict adherence to the regulations set forth. 6. It was agreed that under section 3 of Planning Commission Resolution No. 393 the first sentence of subdivisions g and h be put into one para- graph and the balance of g be a separate subdivision; that g would then read essentia11y:"For properties abutting any dedicated street all parking areas for commercial and industrial vehicles and equipment shall be paved and shall be located to the rear or side of the building. parking of employee and customer vehicles will be permitted in front of said building"; and h would read essentially: "All materials and equipment stored outside the building shall be stored at the side or the rear of the main building and shall be enclosed by at least a six foot high.....". Discussion then ceased and the following motions were made: Motion by Councilman Phillips, seconded by Councilman Reibold and carried unanimously that the recommendation of the Planning Commission with respect to the zoning on that portion of Annexation No. 15 under consideration, and all of Annexation No. 20 be approved by the Council and that the City Attorney be instructed to prepare an ordinance in accordance therewith. Motion by Councilman Reibold, seconded by Councilman Phillips and carried unanimously that Council accept the recommendation of the Planning Commission with respect to the restrictions to be imposed under the architectural over- lay zone as amended in accordance with the, discussions of the Council, and that the City Attorney be instructed to prepare the appropriate resolution accordingly. Motion by Councilman Butterworth, seconded by Councilman Reibold and carried unanimously that the Council accept the recommendation of the Planning Commission and approve the granting of a special use permit for the develop- ment of natural resources as amended in accordance with the discussions of the Council, and instruct the City Attorney to prepare a resolution accordingly. Motion by Councilman Phillips, seconded by Councilman Butterworth and carried unanimously that Council accept the recommendation of the Planning Commission and approve the granting of a special use permit for a riding academy and instruct theCity Attorney to prepare a resolution in accordance therewith. Termination of proceedings regarding interim emergency zoning. There being ten minutes time before 9:00 P.M. when the Council would hear protests regarding the foregoing, Councilman Reibold suggested that Council take under consideration the matter of the Water Board meeting quarterly rather than monthly and Mayor Pro Tempore Balser asked the Council members so to do, and that the matter could be taken up at a future Council meeting. He then declared a recess until 9:00 P.M. At 9:00 o'clock P.M. ~myor Pro Tempore Balser declared the hearing open on the proposed Annexation No. 20. The City Clerk advised that she had on file the affidavits of mailing and publication with regard to the matter; that no written protests from any 5 . I 11-30-60 Annexation No, 20 - Continued ORDINANCE No. 1111 (Introduced) / 1 f;!J .INDEXED / 5183 person owning real property within the proposed annexed territory had been received; that one protest, which she read, had been received from Mr. Charles Carrol, but that said property is not in the proposed annexation area. Mayor Pro Tempore Balser then inquired if anyone in the audience desired to address the Council. Mr. Edward R. Johnson, 316 So. Second Avenue, addressed the Council, stating in substance that he owned property in the City of El Monte adjacent to the property proposed to be annexed by Arcadia, said property abutting the area to be used for quarrying purposes; that it was his intention to construct residential structures on his property and inquired if the Council would I consider extending the masonry wall to be erected along part of the quarry- ing operation a sufficient distance to protect his development. He also inquired if it would be possible for his property to be annexed to Arcadia. After discussion it was the consensus of the Council that Mr. Johnson's request had merit and that to the condition for the block wall requirement would be added that if any of the property on the south side of Clark Street east of Durfee Road be improved with residential structures prior to the commencement of quarrying operations a masonry type wall shall be constructed along the north side of Clark Street east of Durfee Road opposite the properties thereafter developed residentially. That with respect to his request for annexation to the City of Arcadia, the Council advised that the Staff would study the area and report on the matter, and that he would be advised. No one else desiring to be heard, Councilman Reibold moved that the hearing be closed. Motion seconded by Councilman Phillips and was carried unanimously. Motion by Councilman Reibold, seconded by Councilman Phillips and carried unanimously that the following minute order be adopted: "RESOLVED that no written protests were filed by any owner of property contained within the area designated as Annexation No. 20 Southeast Arcad(a (Uninhabited) on or prior to 9:00 o'clock P.M. November 30, 1960, the time fixed for the filing and hearing of protests with respect thereto." The City Attorney stated that if it be the Council's desire to proceed with the proposed annexation that the necessary ordinances could be introduced at this time. Council concurring, the City Attorney then presented for the first time, explained the content and read the title of Ordinance No. 1111, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVINO THE ANNEXATION TO SAID CITY OF THAT CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO SAID CITY DESCRIBED IN RESOLUTION NO. 3308 ADOPTED BY SAID CITY COUNCIL ON OCTOBER 4, 1960, AND DESIGNATED THEREIN AS 'ANNEXATION NO. 20, SOUTHEAST ARCADIA (UNINHABITED)' ." ' Motion by Councilman Phillips, seconded by Councilman Butterworth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1111 be waived: I AYES: Councilmen Balser, Butterworth, Phillips, Reibold NOES: None ABSENT: Mayor camphouse Councilman Phillips further moved that Ordinance No. 1111 be introduced. Councilman Reibold seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Phillips, Reibold NOES: None ABSENT: Mayor Camphouse 6. 11-30-60 ORDINANCE NO, 1112 (Introduced) "'" 11Y. - :INDEX.LJ) I ORDINANCE NO, 1113 (Introduced) 5184 :; ~ ~:': " The City Attorney also presented for the first time, explained the..content and read the title of Ordinance No. 1112, entitled: "AN ORDINANCE OF THF; CITY COUNCIL OF THE CITY OF,ARCADIA, CALIFORNIA, ESTABLISHING CERTAIN REAL PROPERTY NEAR PECK ROAD IN ZONES M-l AND D (ARCHITECTURAL OVERLAY),'! Motion by Councilman Reibold, seconded by Councilman Phillips and carried on roll call vote as follows that the reading of the full body of Ordinance No, 1112 be waived: AYES: Councilmen Balser, Butterworth, Reibold, Phillips NOES: None ABSENT: Mayor Camphouse Councilman Reibold further moved that Ordinance No, 1112 be introduced, Councilman Phillips seconded the motion which was carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips NOES: None ABSENT: Mayor Camphouse The City Attorney then presented, explained the content and read the title of Ordinance No. 1113, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING THE REAL PROPERTY WITHIN THE LIMITS OF PROPOSED ANNEXATION NO. 20, SOUTHEAST ARCADIA (UNINHABITED) IN ZONES M- 1 AND D (ARCHITECTURAL OVERLAY)." Motion by Councilman on roll call vote as No, lll3 be waived: Phillips, seconded by Councilman Reibold and carried follows that::l:he reading of the full body of Ordinance / 1'1!J';) INDEXEDAYES: Councilmen Balser, Butterworth, Reibold, Phillips NOES: None ABSENT: Mayor camphouse I RESOLUT ION NO. 3322 1" <R ~-r.:.. 4 ,'''- . . ;r.:;,., ~:J I/j. V.? Councilman Phillips further moved that Ordinance No. 1113 be introduced, Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips NOES: None ABSENT: Mayor camphouse Mayor Pro Tempore Balser on behalf of the Council commended the City Manager, the City Attorney, The City Clerk, the Staff, the Chamber of Commerce and the Arcadia realtors for their work and the efficient manner in which they brought this annexation to a conclusion; adding that this is a step forward and would prove of great value to the City of Arcadia as well as the owners of the property involved. The City Attorney presented, explained the content and read the title of Resolution No, 3322, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF FIFTH AVENUE, A PUBLIC STREET IN SAID CITY AND TO EXCEPT AND RESERVE EASEMENTS THEREIN AND FIXING A TIME AND PLACE FOR THE HEARING OF OBJECTIONS TO SUCH PROPOSED VACATION AND ABANDONMENT," adding that said resolution fixes the hearing 'date as December 20, 1960,' Motion by Councilman Butterworth, on roll call vote as follows that ttND~DNo, 3322 be waived: seconded by Councilman phillips and carried the reading of the full body of Resolution AYES: Councilmen Balser, Butterworth, Reibold, Phillips NOES: None . ABSENT: Mayor Camphouse 7, 11-30-60 Resolution No. 3322 - Continued ADJOURNNENT 5185 Councilman Butterworth further moved that Resolution No. 3322 be adopted. Motion seconded by Councilman Reibold and carried on roll call vote as follows: AYES: Councilmen Balser, Butterworth, Reibold, Phillips NOES: None ABSENT: Mayor Camphouse L ,~.."'.I - '..:l.' ".:'1 '. .'f:/' "" : ""Jt~.::n :1('( . L,~~) F.l:~i) .~l~: 0:, r;.:_~. Mayor Pro Tempore Balser declared the meeting adjourned at 9:25 P.M. .' . ; ut.',; I . "f' " ..0..). .~,uJ..:tcn7r. " , '~> :):,' -; 1. i'l; ".: ". (":'1": . p' ,.d J. ~(~ Uu: ...; :. r..: , .":l' :td' " , 'l,4'1e ATTEST':"" ~ ~(ffl /}tj;~ t ll,: ~ , CHy C~erk . .j,- . , , " ";'" '1.\~.). (\' '., ~'1t\ : ',.\.:, ..' c I 8. 11-30-60