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Home My WebLink About4639 RESOLUTION NO. 4639 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA MAKING FINDINGS OF FACT AND DENY- ING CONDITIONAL USE PERMIT 77-11 FOR A BOARD AND CARE FACILITY AT 716-728 WEST CAMINO REAL AVENUE WHEREAS, on May 23, 1977, an application was filed with the City of Arcadia Planning Department by Orlando Clarizio to construct and operate a board and care facility, Planning Depart- ment Case No. C.U.P. 77-ll, on property commonly known as 716- 728 West Camino Real Avenue in the City of Arcadia, more parti- cularly described as follows: 716 West Camino Real Avenue: Lot starting on the south line of Camino Real Avenue, commencing east thereon 396 feet from the northwest corner of Lot 1, Block G of Santa Anita Company's Tract, thence east on said southerly line 714 feet, thence southerly. 720-728 West Camino Real Avenue: East 132 feet of the westerly 396 feet of Lot 1, Block G, Santa Anita Company's Tract, Map Book 6, page l37; and WHEREAS, a public hearing was held on said matter by the City of Arcadia Planning Commission on June 14, 1977, at which time all interested persons, including applicant and his legal counsel, were given full opportunity to be heard and to present evidence; and WHEREAS, by a vote of 7 to 0, the City of Arcadia Planning Commission denied the application for Conditional Use Permit 77-11 for a board and care facility based on findings that the project was too dense for the neighborhood, the zoning and the subject site; that proposed parking was insufficient; the proposed height didn't comply with the city code; that proposed open and recrea- tional space was minimal; that the buildings were too close to the street and that the project could be detrimental to the public health and welfare and injurious to other property in the vicinity; and WHEREAS, the applicant Orlando Clarizio, appealed the deci- sion of the Planning Commission to the Arcadia City Council and a -1- 4639 duly noticed public hearing was held on said appeal before the City Council on July 19, 1977, at which time all interested persons were given full opportunity to be heard and to present evidence, including the applicant who was represented by legal counsel, who was allowed to present evidence in favor of the application, as well as evidence in rebuttal to testimony of surrounding neighbors against the application. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: SECTION l. That we hereby make the following findings of fact: A. Conditional Use Permit Application 77-11 requests a conditional use permit be issued, and modifications from the zoning require- ments of the City of Arcadia Zoning Code be granted, to allow the applicant to construct three, three-story buildings, with a total square footage of 81,608 square feet (including covered parking) for a 108 unit board and care facility for well, aged persons, on two R-3 zoned lots, in L-shape, with the address of 7l6-728 West Camino Real Avenue, City of Arcadia, hereinafter referred to as project site. A land use and zoning map of said si te is attached hereto as Exhibit n A" and by this reference incorporated herein as though set forth. B. Under the Arcadia Zoning Code, board and care facilities are allowed in an R-3 zone if an application for Conditional Use Permit is applied for and granted. A Conditional Use Permit may be granted only if findings are made by the City of Arcadia: l. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity; and 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized; and -2- 4639 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood; and 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use; and S. That the granting of such Conditional Use Permit will not adversely affect the comprehensive general plan. C. Subject project site is directly across the street from multi- family residential dwellings for its entire West Camino Real Avenue frontage, except for a small portion thereof, which dwellings would be faced by the proposed project structures after completion and multi-family, and mixed single-family dwellings exist down the entire length of West Camino Real Avenue west of subject site. The rear and south side of sub- ject project site abuts an existing convalescent hospital, owned by the applicant. D. Persons residing in the residential area, surrounding subject project site expressed opposition to this proposed project at both the City Council and Planning Commission public hearings, and we hereby take judicial notice of the testimony given in opposition to this application as contained in the recorded public minutes of the Planning Commission dated June l4, 1977. E. The thirty-five foot (35') high building requested by the appli- cant would be in violation of the thirty foot (30') high zoning code height limitation in an R-3 zone. F. The applicant's request for 189 beds for the project would be in violation of the 101 bed zoning code limitation and 42% in excess of that allowed for board and care facilities for the project site. G. The 55 parking spaces requested by the applicant for the pro- j~ct would be in violation of the 95 parking spaces required by the Arcadia Zoning Code for the project's proposed number of beds. -3- 4639 H. The three three-story buildings requested by the applicant would be in violation of the Zoning Code two-story limitation for the project site. I. The application proposes exterior wing walls and a parapet for the project structures which encroach into the setbacks more than thirty inches (30") than allowed by the Zoning Code. J. Waiver of the Zoning Code requirements for the project as specified in sub-paragraphs E, F, G, H, and I of this Section would not be appropriate and would not be applicable to the in- tended use of the property, the property itself, or to adjacent property. K. The applicant proposes ingress to the project site only from West Camino Real Avenue and egress from a driveway on Baldwin Avenue and egress onto West Camino Real Avenue for delivery vehicles which will be loading and unloading supplies. L. The density proposed for the project is not appropriate for the neighborhood and is too dense for the R-3 zoning. M. The proposed development is too dense for the project site. N. There is insufficient parking proposed for the project. o. There is a minimal amount of open and recreational space in relationship to the density. P. The proposed buildings are too close to the street. Q. The granting of the applied for Conditional Use Permit would be detrimental to the public health or welfare or injurious to the property or improvements in the R-3 zone or vicinity of the project. R. The site for the proposed use is not adequate in size and shape to accommodate said use, or yards, spaces, walls, fences, park- ing, loading, setbacks, open space, or denSity to adjust said proposed use with the land or other uses in the neighborhood. SECTION 2. Based on the foregoing findings of fact, we hereby sustain the decision of the Arcadia Planning Commission and . deny the application for Conditional Use Permit 77-11. SECTION 3. The City Clerk shall certify to the adoption of this resolution. -4- 4639 I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 2nd day of August, 1977, by the affirmative vote of at least three Council members, to wit: AYES: Council Members Gilb, Margett and Saelid NOES: None ABSENT: Council Members Lauber and Parry ~~j)tV1V CJ.ty Clerk of the City Arcadia SIGNED AND APPROVED this 2nd day of August, 1977. (SEAL) -5- 4639 - .".,,~ fJ'Eh/ _/. /'~/J a ~ ~ g z ~ ~ ~- ~ ~ I ~ ~ "... tl h" I ~. I (3 I - J.. 1 oJ ~ ;!! I ('f ~ il( -iii "- S.l',-J-& - - - - Jll ,j 'i:: ;;-, ~ I! .J '- ------ ~ . . ,J v ~ --- G-0~ ~ ----~ 0~ " :r ~ - ;:! - ~-- - - - - ':.. tt__ 0 ~ --- '" C'I ~ . 0 v ~ ..: 3 o ot ... ---- .... --- :--- - - I I I .-- I , I I I I ______1 --- --,--- I ------ :oooo~ , ~ '- o~ it, '- 317N311V \.V ~~~~ ~ ~"~ill .... ~ ~Q.:~<t... ~':::j ~;J <:(t:~!il "-' ... 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