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HomeMy WebLinkAbout5964 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 2 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' 3 5964