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RESOLUTION 5964
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, SUSTAINING AN APPEAL OF THE PLANNING
COMMISSIONS APPROVAL OF CONDITIONAL USE PERMIT
APPLICA nON NO. CUP 96-008 FOR A DRIVE-THROUGH PHARMACY
AT 200 E. FOOTHILL BOULEVARD.
WHEREAS, the proceedings that are the subject of this Resolution are
authorized by Arcadia Municipal Code Sections 9275.1 and 9275.2. et seq. (Conditional
Use Procedures); and
WHEREAS, on October 10, 1996, an appeal was filed by Jeffrey G. Winans of
the Arcadia City Planning Commission's approval of Conditional Use Permit Application
No. CUP 96-008 for a drive-through pharmacy at 200 E. Foothill Boulevard, and more
particularly described as follows:
Lots 14, 15 and 16, in Book F of Tract 7723, City of Arcadia, County of Los
Angeles, as per map recorded in Book 93 Pages 41 and 42 of maps, in the Office
of the County Recorder of said county.
WHEREAS, the appeal to the City Council was preceded by a noticed public
hearing before the City Planning Commission on September 10, 1996; and
WHEREAS, on November 5, 1996 the City Council held a public hearing to
consider the appeal, at which time all interested persons were given full opportunity to be
heard and to present evidence; and
WHEREAS, as part of the record, the City Council reviewed and considered the
following:
a. The written appeal submitted by Jeffrey G. Winans, the appellant;
b. The staff report and minutes of the September 10, 1996 Arcadia City Planning
Commission meeting;
c. Arcadia Planning Commission Resolution No. 1541;
d. Supplemental memorandums from the Arcadia Police, Fire and Engineering
Departments, dated October 15, 17, and 30,1996 and submitted as part of the staff report.
e. Plans of the proposed project, and all written evidence; including a petition
submitted by the appellant during the public hearing process; and
f. Verbal testimony from the appellant, those in favor of the appeal and the
applicant.
WHEREAS, pursuant to Arcadia Municipal Code Section 9275.2.11, the City
Council may reverse the decision of the Planning Commission.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Arcadia approves the appeal and
overrules the decision of the Planning Commission and pursuant to Arcadia Municipal
Code Section 9275.1.2(1) finds that the granting of the conditional use permit will be
detrimental to the public welfare and injurious to the neighborhood because of the
following reasons:
a. That the traffic at Second Avenue, a two lane undivided street, and Foothill
Boulevard is heavily congested due to the surrounding commercial and residential
developments, parks and school and that the proposed drive-through component of the
retail pharmacy would .exacerbate an already congested intersection;
b. That the proposed drive-through component of the pharmacy could be
detrimental to the safety of the off-site pedestrian traffic, much of which is comprised of
school aged children, generated by the surrounding commercial and residential
developments, parks and school; and
c. That the configuration of the drive-through is confusing, which could be
detrimental to the on-site and off-site traffic and safety.
SECTION 2. The decision and findings contained in this Resolution reflect the
Council's action of November 5, 1996 by the following vote:
A YES: Councilmembers Chang, Kovacic, Young and Kuhn
NOES: Councilmember Harbicht
ABSENT: None
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5964
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 19th day of November of 1996.
/~~
Mayor,bfthe City of Arcadia
Pro tern
ATTEST:
-&
APPROVED AS TO FORM:
1114 f ll/L
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the
foregoing Resolution No. 5964 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 nineteenth day of November, of 1996 and that said Resolution
was adopted by the following vote, to wit:
A YES: Coucilmembers Chang, Kovacic, Young and Kuhn
NOES: Council member Harbicht
ABSENT: None
C~~:~;~'~~i'
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5964