HomeMy WebLinkAbout6494
RESOLUTION NO. 6494
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, SUSTAINING THE PLANNING
COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT
APPLICATION NO. 05-14 FOR THE OUTDOOR USE OF AN
EXISTING METAL STORAGE CONTAINER AT 657 WEST
DUARTE ROAD.
WHEREAS, on September 21, 2005, an appeal was filed by the
property owner, Joe Borland, for the purpose of appealing the Planning
Commission's denial of Conditional Use Permit Application No. 05-14
(Planning Commission Resolution 1733) to retain an on-site 1 O'x1 0'x20'
metal storage container for storing business records (Development
Services Department Case No. C.U.P. 05-14) at property commonly known
as 657 West Duarte Road; and
WHEREAS, a public hearing was held before the Planning
Commission on August 9, 2005, to consider the applicant's request to
retain the storage container at which time all interested persons were given
full opportunity to be heard and to present evidence; and
WHEREAS, the Planning Commission voted 4-0 with one member
absent to deny the conditional use permit; and
WHEREAS, on November 1, 2005, the City Council held a public
hearing to consider the applicant's appeal; and
WHEREAS, as part of the record of this hearing, the City Council
reviewed and considered:
1. All staff reports and related attachments submitted by the
Community Development Division of the Development Services
Department to the City Council; and
2. The record of the Planning Commission hearing regarding
C.U.P. 05-14; and
3. All evidence and testimony presented at the public hearing
before the City Council; and
WHEREAS, the above recitals are hereby incorporated as part of the
findings set forth below.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA RESOLVES AS FOLLOWS:
SECTION '1. That the factual data submitted by the Development
Services Department in the attached report is true and correct.
SECTION 2. The City Council finds:
1. That the granting of such Conditional Use Permit will be
detrimental to the public health or welfare or injurious to the property or
improvements in such zone or vicinity because the appearance of the
outdoor storage container is unsightly and incompatible with the
2
6494
surrounding development; furthermore, the subject container is not
screened from public view Le., it is highly visible from the neighboring
properties to the north and west of the site, which are approximately 2 to 3
feet higher in grade elevation than the subject property, which in this case
increases the visibility of the storage container.
2. That the use applied for at the location indicated is not a proper
one for which a Conditional Use Permit is authorized because the storage
container occupies a parking space within the site's substandard parking
area, which currently provides 23 parking spaces (excluding the storage
container space) in lieu of the current requirement to provide 35 on-site
spaces, as specified in Sections 9269.1 et seq. of the Arcadia Municipal
Code.
3. That the site is not adequate in size and shape to retain the
subject storage container in that there is not sufficient on-site parking per
Section 9269.1 et seq. of the Arcadia Municipal Code.
SECTION 3. That for the foregoing reasons, the City Council
denies the applicant's appeal and sustains the Planning Commission's
denial of Conditional Use Permit Application No. 05-14 with the provision
that the applicant shall have six (6) months from the adoption of this
Resolution to remove the storage container from the subject property.
3
6494
SECTION 4.
The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved and adopted this 15th day of November, 2005.
/l.-
Ma or of the City of Arcadia
ATTEST:
~,;Jr5 ~
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
~r~
Stephen P. Deitsch
City Attorney
4
6494
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
1, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6494 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 15th day of November, 2005 and that said
Resolution was adopted by the following vote, to wit:
A YES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
c;z ~~~
. City Clerk of the City of Arcadia
5
6494