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RESOLUTION NO. 1765
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARCADIA, CALIFORNIA, DENYING
CONDITIONAL USE PERMIT APPLICATION NO. CUP 07-03
FOR AN UNMANNED WIRELESS COMMUNICATIONS
FACILITY AT 670 W. ORANGE GROVE AVENUE.
WHEREAS, on July 30, 2007, an application was filed by Luci Ibarra of
Royal Street Communications, LLC, representing Metro PCS, for an unmanned
wireless communications facility with an 80-foot tall pole camouflaged as a
pine tree; Development Services Department Case No. CUP 07-03, at 670 W.
Orange Grove Avenue; and
WHEREAS, a public hearing was held on August 28, 2007 and October
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9, 2007, at which time all interested persons were given full opportunity to be
heard and to present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY
OF ARCADIA HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development
Services Department in the attached report dated August 28, 2007 is true and
correct.
SECTION 2. This Commission finds:
A. That the granting of this Conditional Use Permit would be
. detrimental to the public health and welfare and injurious to the property and
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improvements in such zone or vicinity because the use is not compatible with
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the surrounding properties.
B. That the use applied for at the location indicated is properly one for
which a Conditional Use Permit is authorized.
C. That the site for the proposed use is not adequate in size and shape to
accommodate the proposed use; the site is a small public park with limited open
space.
D. That the site abuts a street that is adequate in width to carry the kind
of traffic that would be generated by the proposed use.
E. That the granting of such Conditional Use Permit will not adversely
affect the comprehensive General Plan.
F. That the evaluation of the environmental impacts as set forth in the
initial study is appropriate and that the project could have less than a significant
effect upon the environment within the meaning of the California
Environmental Quality Act of 1970, but the project was not approved, and
therefore, a Negative Declaration could not be approved.
SECTION 3. That for the foregoing reasons this Commission denies
Conditional Use Permit Application No. CUP 07-03 for an unmanned wireless
facility at 670 W. Orange Grove Avenue.
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SECTION 4. The decision and findings contained in this Resolution
reflect the Planning Commission's action of October 9, 2007 to deny
Conditional Use PennitApplication No. CUP 07-03, by the following votes:
AYES:
Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille
NOES:
none
SECTION 5.
The Secretary shall certify to the adoption of this
Resolution.
Passed, approved and adopted this 23'd day of October, 2007.
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Chairman, Planning Commission
ATTEST:
slon
APPROVED AS TO FORM:
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Stephen P. Deitsch, City Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ARCADIA
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I, JASON KRUCKEBERG, Secretary of the Planning Commission of the City of
Arcadia, hereby certify that the foregoing Resolution No. 1765 was passed and
adopted by the PlAnning Commission of the City of Arcadia, signed by the Chairperson
and attested to by the Secretary at a regular meeting of said PlAnning Commission held
on the 23rd day of October, 2007 and that said Resolution was adopted by the
following vote, to wit:
AYES: Planning Commissioners Baderian, Beranek, Hsu and Parille
NOES: None
ABSENT: Planning Commissioner Baerg
S~g~ron
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STAFF REPORT
Development Services Department
August 28, 2007
TO: Arcadia Planning Commission
FROM: Jason Kruckeberg, Community Development AdministratJIJ..{
B~ Kasama, Acting Senior Planner
SUBJECT: Resolution No. 1764 granting Conditional Use Pennit Application No. CUP
07-05 to expand the tutorial center (Nobel Education Institute) at 1 W.
Duarte Road
Attached is Resolution No. 1764 that grants Conditional Use Pennit No. CUP 07-05 to
expand the tutorial center (Nobel Education Institute) at 1 W. Duarte Road.
The conditions of approval listed in Section 3 have been amended and renumbered
from those listed in the August 14, 2007 staff report. The changes include the
additional conditions requested by the Commission and amendments recommended by
the City Attorney.
Additionally, the condition regarding the removal of the "Arcadia Resource" sign has
also been amended at the applicanfs request. The applicant explained that the
Arcadia Resource tutoring service has become a part of the Nobel Education Institute,
and they may like to have it identified separately.
The Arcadia Resource sign was approved through design review (SADR 05-55) and a
sign pennit (No. B00-023-169) was issued for its installation on September 28, 2005.
However, the installation was never inspected by a City Building Inspector and the
permit was expired on July 18, 2006. If the sign is to remain, the pennit must be
renewed and the sign inspected to verify that it was properly installed, and if necessary,
the installation must be corrected so that the sign complies with all applicable building
and safety codes.
Attachment