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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