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HomeMy WebLinkAbout3985 o RESOLUTION NO. 3985 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, MODIFYING THE ACTION OF THE CITY PLANNING COMMISSION CONCERNING THE AMENDMENT OF THE CONDITIONS OF APPROVAL OF THE CONDITIONAL USE PERMIT GRANTED TO THE MONTESSORI SCHOOL BY PLANNING COMMISSION RESOLUTION NO. 558. WHEREAS, the City Planning Commission on the 24th day of August, 1965 did grant a conditional use permit by Resolution No. 558 allowing the property located at 1406 South Santa Anita Avenue, Arcaiia, California, and more specifically described in said Resolu- tion, to be used for a twenty (20) pupil Montessori School; and WHEREAS, said Commission in said conditional use permit did provide for certain conditions including the number of pupils to be permitted upon the premises at anyone time and setting ex- piration date for said permit at five (5) years; and WHEREAS, said Commission did receive a communication dated December 5, 1967 from Roberta Firth, one of the owners of said prop- erty, requesting modification of the conditions of said conditional use permit as set forth in Resolution No. 558 by the elimination of paragraphS 5 and 6 of Section 3 thereof; and WHEREAS, the said City Planning Commission did on the 9th day of January, 1968 hold a public hearing on the matter, after due notice as required by the Zoning Ordinance of said City, at which time all interested persons were given full opportunity to be heard and to present evidence. That said City Planning Commis- sion thereafter on January 9, 1968 adopted its certain Resolution No. 626 wherein and whereby it made its certain findings and deter- minations and granted in part the requested modifications of the conditional use permit for the reasons therein stated; said -1- 3985 Resolution modified conditions 5 and 6 contained in Resolution No. 558 by increasing the number of pupils permissible upon the premises at anyone time to that authorized by the Arcadia Municipal Code and applicable State law, but not to exceed twenty-eight (28) pupils and by extending the termination date of said permit to the 3rd day of September, 1971. That at the first regular Council meeting fol- lowing the adoption of Resolution No. 626, which occurred January 16, 1968, it was moved by Councilman Arth, seconded by Councilman Hage and unanimously carried that the Council appeal the decision of the Planning Commission and set a date of hearing thereon as provided in Section 9275.2.9 of the Arcadia Municipal Code. Pursuant to said motion, a public hearing was scheduled for February 6, 1968 before the City Council of the City of Arcadia. The City Clerk of the City of Arcadia gave notice of the time, place and purpose of said appeal as prescribed by Section 9275.2.10. Said public hearing was held as scheduled on February 6, 1968, at which time all interested persons were given full opportunity to be heard and to present evidence; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That after reviewing the minutes and files of the Planning Commission concerning the above matter and hearing arguments from all interested parties concerning the evidence and inferences and decisions to be made therefrom, the City Council herebY modifies the decision of the Planning Commission as follows: (a) The action of the Planning Commission permitting an increase in the number of pupils permissible upon the premises at anyone time to that authorized by the Arcadia Municipal Code and applicable State law, but not to exceed twenty-eight (28) pupils, is approved and sustained. -2- 3985 (b) The action of the Planning Commission granting an extension of the termination date of said conditional use permit to the 3rd day of September, 1971 is disapproved and the said permit shall terminate upon the expiration date of five (5) years after the effective date of Resolution No. 558 of the City Planning Commission of the City of Arcadia. (c) The City Council further resolves that it is said Council's intent that no further extensions of the use permit under said conditional use permit shall be granted. SECTION 2. 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 20th day of February , 1968, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Arth, Forman, Hage and Considine NOES: ABSTAINED: ABSENT: None Councilman None Butterworth ~~?;MV~ City Clerk of the City of Arcadia SIGNED AND APPROVED this 20th day , 1968. a ATTEST: -3- 3985