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HomeMy WebLinkAbout100ORDINANCE NO. 100 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A CHANGE OF ZONE CLASSIFICATION FOR ZONE CASE NO. 4, AND MODIFYING SECTION #1909 OF THE IRWINDALE MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: Section 1. That upon a public hearing of Zone Change No. 4, the City Council hereby finds and determines as follows: a) There was duly filed with the Planning Commission a verified petition by M.F. .Joyce, et al, requesting a change of zone on the property hereinafter described, from "A-1" to "Q" b) That the Irwindale Planning Commission held a public hearing as required by law and as a result of said hearing Resolution #20 was adopted providing certain conditions for the granting of said petition. c) That thereafter the City Council held a public hearing on said petition as required by law, after due notice in the manner and for the time required by law. d) That after full consideration of the petition the Council finds that the general public welfare and good zoning practice will be served by the requested zone change if same is granted in accordance with the terms to be hereinafter stated. Section 2. That the property herein referred to is described as follows: The westerly 1000 feet of Lot 9, Section 36 TIN, R11W, S.B.B. & M., Subdivision of the Rancho Azusa de Duarte as shown on map recorded in Book 6, Pages 80 to 82 inclusive of Miscellaneous Records, Records of the County of Los Angeles, State of California, lying southerly of Tract No. 17750 as recorded in Book 432, Pages 14 to 15 of Maps, Records of said County; and all that portion of Lot 10, Section 36, TiN, R11W, S.B.B. & M., Subdivision of the Rancho de Duarte lying easterly of the easterly line of Tract No. 14089 as shown on Map recorded in Book 335, Pages 1 to 3 inclusive of Maps, Records of said County, and lying southerly of the southerly line of Galen Street, 60 feet and 50 feet wide, as shown on the Map of Tract No. 16739 recorded in Book 414, Pages 27 to 29 inclusive of Maps, Records of said County. EXCEPT that portion as shown "Not a part of this Tract" on Sheet 2 of said Tract No. 16739, in the County of Los Angeles, State of California. SAVING AND EXCEPTING that portion which is to be granted to the City and which is described in the Motion previously made on this date on this matter. Section 3. The said property described in Section 2 here- of is hereby changed from a zone classification of "A-1" to zone classification "Q" provided, however, that the said change shall not become operative and effective until fifteen days after the City Manager and City Attorney certify, in writing, before a Regular Meeting of the City Council that each and all of the condi- tions have been complied with: a) That the property fronting on East Galen Street having a depth of 110 feet from curb face, southward, and 110 feet, approximately, paralleling East Galen Street be deeded to the City free and clear of encumbrances. b) That all of the conditions recommended by Resolu- tion #20 of the Planning Commission, adopted 29 September 1960, be complied with, with the following modification, namely, that the condition imposed by Section 3 of said Resolution be changed in one particular only, namely, that the number 143 feet be changed to 110 feet. c) That the City Attorney can render an opinion certifying to the legality of each of the conditions stated. d) That title to the realty described, to be deeded to the City, has vested in the City free and clear of encumbrances. e) That all relocation expenses, and all other ex- penses in connection with the zone change and deeding of the property to the City have been paid by petitioner. f) That the petitioner has executed an agreement with the City complying with the terms of the motion, previously made, which reads as follows: "If property is quarried below the established water pollution control elevation, in such event, within five years from the commencement of such operations, this, and all abutting quarried property below such level shall be brought up to this water pollution elevation with material inspected and approved by the Water Pollution Control District. The City Attorney shall approve the Rules and Regulations which will carry out the intent of this condition." Section 4. That Section 9101 of the Irwindale Municipal Code did incorporate by reference Los Angeles Countv Ordinance No. 1494 as modified and that Section 346 thereof did incorporate a map establishing the Zone Classifications for the City of Irwindale, said map incorporated by the Los Angeles County Ordinance No. 3314 adopted on the 21st day of March, 1939; that said applicable pro- visions of Los Angeles County Ordinance No. 1494 as modified, has incorporated by reference into Section 9101 of the City of Irwin- dale Municipal Code, be and it hereby is amended in conformance with this approved change of zone classification. Section 5. Publication: The Mayor shall sign this Ordin- ance and the City Clerk shall attest to same, and the same shall be posted immediately thereafter in three (3) public places within the City Limits of the City of Irwindale, as prescribed by Resolution No. 60-8. AM#A ADOPTED this 12th day of June, 1961. ATTEST: M Wor, City of Irwindale (2) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF IRWINDALE ) I, JAMES M. McLEAN, City Clerk of the City of Irwindale do hereby certify that the foregoing Ordinance No. 100 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 5th day of June, 1961. That thereafter, said Ordinance was duly adopted at an ad- journed meeting of the City Council on the 12th day of June, 1961, by the following vote, to -wit: �^ AYES: COUNCILMEN: Silva, Diaz, Garcia. NOES: COUNCILMAN: Breceda. IN ABSTENTION: COUNCILMAN ABSENT: COUNCILMEN: None. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF IRWINDALE ) Tapia. Ci Clerk, City of Irwindale JAMES M. McLEAN, being first duly sworn, deposed and says: That he is the City Clerk of the City of. Irwindale, California, and is and was at all times herein mentioned a citizen of the United States over the age of eighteen (18) years and competent to be a witness herein. On June 13, 1961, he securely and conspicously posted at each of the public places in said City, to -wit: (1) 5140 North Irwindale Avenue; (2) Post Office on Irwindale Avenue; (3) Near the door of the Council Chambers at 5050 North Irwindale Avenue; r^ a copy of Ordinance No. 100 of the City of Irwindale, being in all respects the same as that attached hereto and made a part hereof. Dated: June 13, 1961. i erk of the City of le, California On June 30, 1961, a petitio for Referendum was filed. On July 17, 1961, it� City Council , by Resolution #61-37-247 cal d an election to be held-dn September 19, 1961, regarding this Ordinance. ����-k� -- -_- Acting City lerk