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HomeMy WebLinkAbout0111 ~ .. . . . 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 . 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: . 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, 1. ~ - .' . . . . 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 . 2. .. . . . 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. ~~~~ . 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 . "YK-. OJ) . " .