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RESOLUTION NO. 111
A RESOWTION OF THE CITY PLANNING COMMISSION
OF TIlE CITY OF ARCADIA, CALIFORNIA, MAKING
CERTAIN FINDINGS AND RECOMMENDATIONS RELATIVE
TO TIlE PROPOSED AMENDHENT OF ORDINANCE NO.760
OF THE CITY OF ARCADIA.
WHEREAS, pursuant to Section 17 of Ordinance No. 760 of the
City of Arcadia, the Ci1:.y Planning Connnission of the Ci'ty of Arcadia did,
on April 1.4, 195.3, pass, approve and adopt its certain Resolution No. 105
entitled: " A RESOWTION OF THE CITY PIANNING COHMISSION OF TIlE CITY OF
ARCADIA, CALIFoRNLA.., DECLARING ITS INTENTION TO INSTITUTE PROCEEDINGS FOR
TIlE CmISIDERATION OF AND MAKING RECOMMENDATION CONCERNING THE AMENTMENT
OF SECTIONS 5 AND 15 OF ORDINANCE NO. 760 OF TIlE CITY OF ARCADIA", pursuant
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to which notice was duly published and given and public hearings duly held
on the 12th day of May and the 26th day of May, 195.3,at which times all
persons present and interested were given full opportunity to be heard and
to present eVidence relative to the matter of the proposed amend.ment of
Ordinance No. 760 of said City as provided in said Resolution No. 105; and
WHEREAS, said Planning Col1Ullission having reviewed ann fully
considered all of the evidence presented at said hearings and the testimony-
of all persons desi.ring to be heard cons:l.dering sUc1 matters;
NOW, THEREFORE, the City Planning Commission of the City of
Arcadia, california, does hereby find, determine, and resolve as followsl
SECTION 1. That the public necessity, convenience and general
welfare require, and this Commission hereby recommends, that Section 5, Sub-
division A, Subsection 2 of Ordinance No. 760 of said City be amended to read as
follows:
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SECTION 51 SUBDIVISION A: SUBSECTION 2: The raising or keeping
of not to exCeed a total of ten (10) fowl or birds, and a total of not to
exceed five (S) small animals (and the offspring of' each thereof' until such
of'f'spring is capable of' being raised or maintained separate from and inde-
pendent4>" of full grown members of' the same species), keeping of livestock;
each of the f'oregoing to be subject to such regulations as are now or may
hereafter be imposed u.r Ordinance; private greenhouses and hortioultural
collections (grown in the ground); fruit and vegetable gardens, fruit trees,
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nut trees, sale of only the products produced on the premises.
SECTION 2. Tllat Section 15 ot Ordinance 760 be amended by adding there-
to a new sub-paragraph, numbered and to read as follows:
SECTION 15. SubdiVision A: Subsection 4: Sub-paragraph "t": The
term "discontinue", in aI:\Y tense or torm, as used in this Sectloon shall be
deemed to mean the abandonment ot a non-conforming use. The cessation from
the active participation in a non-conforming use tor a period in excess of
ninety (90) daya allaU conclusively be presumed to constitute the abandonment
of such non-conforming use, unless within such period of ninety (90) days the
owner, occupant or tenant of the premises upon which such non-conforming use
is existant, shall tUe with the City Clerk a verified declaration containing
the following information:
(1) The legal deSCription of the premises upon which the non-
conforming use has existed;
(2) The Street address by which such premises are commonly known;
(,3) The name and address of the owner, occupant or tenant of
such premises;
(4) The business or trade name, if any, under which the non-
conforming use is conducted;
(5) A statement that the cessation of the non-conforming use is
temporary, the reason for such cessation, and the estimated duration of such
cessation.
The City Clerk shall, at the first regular meeting next tollowing
the filing of such Declaration, inform the City Council that such declaration
was so filed. The City Council shall at such meeting approve the Declaration
so filed, unless at such meeting it orders a public hearing to be held for the
purpose of determing the truth, adequacy or validity of the statements therein
contained.
At any time within the period of the estimated duration of cessation
as set torth in such Declaration, the City Council on its own motion may, and
upon the written request of aQy interested person sllall order proceedings taken fOr
the purpose of determining the truth, adequacy or validit.y of the statements
contained in such declaration.
SUch proceedings shall be held in substantial compliance with the
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provisions of Ordinance No. 760 relating to the granting of variances.
AIry person requesting such proceedings shall be required to pay- such fees
as are requi.red to be paid by applicants for variances.
The filing of such Declaration shall be prime facie evidence of
the truth of the statements therein contained. The decision of the City
Council upon the conclusion of such proceedings shall be by resolution,
and sllall be final and conclusive as to all matters thereby determined.
The Secretary shall certify to the adoption of the fo~egoing
Resolu.tion.
PASSED, APPROVED, AND ADOPTED, this 23rd day of June, 1953.
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I HEREBY CERTIFY that the foregoing Resolution was adopted at
a..reglllar meeting of the City Planning Commission of the City of Arcadia,
California, held on the 23rdday of June, 1953, by the affirmative vote of
at least four members, to-wit:
AYES: Commissioners Anderson, Balser, Berky and Knopp
NOES I Colllllissioner Sorenson
ABSENT: Commissioners Pratt
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