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HomeMy WebLinkAbout2887 RESOLUTION NO. 2887 ~ RESOLUTION OF THE CITY COUNCIL OF ~HE CITY OF ARCADIA, CALIFORNIA, GRANTI~G A VARIANCE AND A SPECIAL USE PERf.IIT FOR THE CONSTRUCTION AND OPERATION OF A HORTUARY AT 6n WEST DUARTE ROAD IN SAID CITY. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES FIND, DETEFU"I1IKE Al\D RESOLVE AS FOLLOHS: SECTION 1. That there was filed with the City Planning Conunission on January 16, 1957, the application of Johanna M. Henz, as owner, for a zone variance and special use permit to allow the followinB described property in the City of Arcadia, County of Los Angeles, state of California, to wit: Lot 44, Tract No. 3430, as shown on map recorded in Eook 42, page 32, of i.;aps, records of Los Angeles County, located at 611 Hest Duarte Road, to be used for the construction and operation of a mortuary. That after notice as required by Ordinance No. 760 of the City of Arcadia, as amended, a public hearing was duly held by and before said Conunission on the 13th day of February, 1957, which hearing was duly continued to February 26, 1957, at which times all interested persons were given a full opportunity to be heard and to present evidence. That upon the conclusion of said hearing, said ConuniSsion adopted its certain Resolution No. 243, wherein and whereby it made certain findings and reconunendations to this Council. SECTION 2. That there were many protests, both oral and written, to the granting of said variance and special use permit. That although subject property is in Zone R-l, the lots to the north, facing on Fairview, are zoned R-3; that with the exception of Lot 43, adjacent on the west, the balance of the lots west of subject prop- erty on both sides of Duarte Road are zoned either C-2 or C-3; that -1- 2887 variances have been granted in the past for property in the vicinity to the east; and that subject property is such a large lot that it is now more sUitable for the purpose requested than for R-l uses. SECTION 3. That by Section 17 of of Ordinance No. 750, as amended, mortuaries are declared to be a use possessing character- istics of such unique and special form as to make impractical their being automati~ally included in any class of use as set forth in the various zones. That the use of property for a mortuary is permissi- ble in any zone upon the granting of a special use permit therefor. That a mortuary is a business of personal service, the amount of which a community requires is determined by the size and population of the community and other factors in the community affecting the need for mortuaries; that the hearing of applicant's previous appli- cation concern~ng other property, demonstrated rather clearly the need for additional mortuary service within the community. SECTION 4. That much of the objection to the granting of the variance a~d special use permit was based on the fact that sub- ject property ~as in a residential area and the use requested should be considered a commercial use. That for this very reason, the use of subject property for a mortuary could serve to limit the encroach- ment of commercial development in residential areas along Duarte Road east from Baldwin Avenue inasmuch as the use of property for churches, mortuaries, clubs, lodge halls and medical offices makes an effective buffer or transition from a residential area to a commercial area. SECTION 5. That the public welfare and convenience reason- ably require the requested variance and special use permit and that, upon the conditions hereinafter speCified, the granting of such a variance and special use permit will not be inconsistent with good planning practice, nor with the provisions of the master zonin~ plan, nor with the present or prospective development of the neighborhood ~n w~ich the property is located. That there is an exceptional con- dition applicable to the intended use of the property that does not -2- 2887 apply generally to the class of use in the same zone or vicinity; that such exceptional circumstance is recognized by the classifica- tion of mortuaries as a special use. SECTION 6. That for the foregoing reasons, a variance and special use permit is hereby granted to permit the real property hereinabove described to be used for the construction and operation of a mortuary subject to the following conditions: a. That the southerly twelve feet of subject property be deeded to the City of Arcadia for street purposes for the widening of Duarte Road; b. That the northerly thirty feet of subject property be deeded to the City of Arcadia for street purposes and that the own- ers speCify their willingness to contribute their proportionate share for the cost of improvements for the opening of Arcadia Avenue, if and when it occurs; c. That concrete block walls be constructed surrounding the parking lot wherever it abuts residential property, 'and also along the driveway from tre parking lot to the front building line, consistent with the requirements for commercial property abutting residential property; d. That no chimes, bells, or other music be permitted that can be heard beyond the limits of this property; e. That the parking lot entrance and exit on the easter- ly side of the property be increased to twenty feet to allow two- lane traffic, rather than the proposed twelve feet; f. That the parking lot plan be redesigned to provide greater maneuverability within the lot so that processions can be formed within the property rather than on the streets; that all funeral processions held in conjunction with funeral services ren- dered upon the premises be formed on said parking lot; g. That there be substantial compliance with the plot plan and architectural rendering submitted; -3- 2887 h. That no neon signs shall be erected or maintained upon the premises without the further approval of the City Council after recommendation by the City Planning Commission; i. That no ambulance service shall be maintained at or conducted from said'premises without the further approval of the City Council; that no crematorium or mausoleum be conducted or maintained on the premises; j. That each of the foregoing conditions shall be deemed material and shall be complieCLwith throughout the use of the sub- ject property as a mortuary; that the violation of anyone or more of the foregoing conditions at any time shall constitute cause for modification or revocation of the special use permit hereby granted; that all construction work required by anyone or more of the fore- going conditions be completed before any phase of the mortuary business is conducted on the premises. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. 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 21st day of May, 1957, by the affirmative vote of at least three CounCilmen, to wit: AYES: Councilmen Jacobi, Camphouse, Phillips, Reibold and Reibold. NOES: None ABSEKT: None ~/Q ~tU? ~ Ci Y er 01' e City 01' Arcadia SIGNED AND APPROVED ~~~ City Clerk (SEAL) -4- 2887