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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
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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.
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(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:
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