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HomeMy WebLinkAbout1733 RESOLUTION NO. 1733 . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO. 05-14 FOR THE OUTDOOR USE OF AN EXISTING METAL STORAGE CONTAINER AT 657 WEST DUARTE ROAD. WHEREAS, on June 20, 2005, a conditional use permit application was filed by the property owner, Joe Borland, to retain an on-site 1 0'x1 O'x20' metal storage container for the purpose of storing business records (Development Services Department Case No. C.U.P. 05-14) at property commonly known as 657 West Duarte Road; and . WHEREAS, a public hearing was held on August 9, 2005, 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 RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report is true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will be detrimental to the public health or welfare or injurious to the property or . improvements in such zone or vicinity because the appearance of the . . . outdoor storage container is unsightly and incompatible with the surrounding development; furthermore, the subject container is not screened from public view Le., it is highly visible from the neighboring properties to the north and west of the site, which are approximately 2 to 3 feet higher in grade elevation than the subject property, which in this case increases the visibility of the storage container. 2. That the use applied for at the location indicated is not a proper one for which a Conditional Use Permit is authorized because the storage container occupies a parking space within the site's substandard parking area, which currently provides 23 parking spaces (excluding the storage container space) in lieu of the current requirement to provide 35 on-site spaces, as specified in Sections 9269.1 et seq. of the Arcadia Municipal Code. SECTION 3. That for the foregoing reasons this Commission denies Conditional Use Permit No. CUP 05-14 for the use of an existing 1 O'x1 O'x20' metal storage container at 657 West Duarte Road. SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of August 9, 2005, and the following votes: 2 1733 . . . AYES: Commissioners Baderian, Hsu, Olson, Lucas NOES: None ABSENT: Commissioner Wen SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the forgoing Resolution was adopted at a regular meeting of the Planning Commission held on the 13th day of September 2005, by the following votes: AYES: Commissioners Baderian, Hsu, Olson, Lucas, Wen NOES: None Chairman, PI nning Commission City of Arcadia Secretary, Plannln ommission City of Arcadia APPROVED AS TO FORM: ~r/~ Stephen P. Deitsch City Attorney 3 1733 . . . , STAFF REPORT Development Services Department August 9, 2005 TO: FROM: Arcadia City Planning Commission Donna L. Butler, Community Development Administrator By: Corkran W. Nichols.on, Planning Services Manager SUBJECT: Conditional Use Permit Application No. 05-14 SUMMARY This Conditional Use Permit application was submitted by Joe Borland to retain an on-site storage container for the purpose of securing business records at 657 West Duarte Road. The Development Services Department is recommending denial of the applicant's request because in staffs opinion the storage container is unsightly and not a suitable means for outdoor storage at the site. GENERAL INFORMATION APPLICANT: Joe Borland (property owner) LOCATION: 657 West Duarte Road REQUEST: A Conditional Use Permit to retain an on-site 10'x10'x20' metal storage container for the purpose of securing business records. SITE AREA: Approximately 18,670 square feet (.428 of an acre) FRONTAGES: Approximately 76 feet on Duarte Road CUP 05-14 August 9, 2005 Page 1 . . . EXISTING LAND USE & ZONING: The site is developed with a 7,000 sq. ft., one-story commercial building (constructed in 1961), and is zoned C-2/General Commercial. SURROUNDING LAND USES & ZONING: North: General offices and retail uses; zoned C-2 South: A bank and mixed commercial uses; zoned C-2 H4 East: Retail shopping center; zoned C-2 H-4 West: Parking lot; zoned C-2 GENERAL PLAN DESIGNATION: Commercial BACKGROUND The following sequence of events have transpired as the result of Code Services' pursuing the use of the subject storage container at 657 West Duarte Road: . A complaint was filed with Code. Services during the later part of July 2004 regarding the outdoor storage of numerous items at the subject property, including the subject storage container. . . Following a site inspection by Code Services the applicant was sent a Notice of Violation on July 27, 2004, for the accumulation of on-site debris, and the storage of two boats, a recreational vehicle, and the metal storage container. All of the items were stored behind the site's commercial building (see the attached photos). . On August 17, 2004, a re-inspection of the site was conducted and non- compliance was noted; therefore, a second Notice of Violation was sent to the applicant. . A re-inspection of the site was conducted on September 1, 2004, which resulted in a third Notice of Violation being sent to the applicant due to non- compliance. . On September 27, 2004, a re-inspection of the site was conducted, which found the site still in violation. Per the applicant's request an extension was granted to October 20, 2004. . On October 20, 2004, a citation was issued to the applicant because the site was still in non-compliance with the original Notice of Violation. CUP 05-14 August 9, 2005 Page 2 . . On November 11, 2004, the applicant filed a request for an administrative hearing to contest the citation that was issued for the ongoing non-compliance issues. . Another re-inspection of the site was conducted on January 10, 2005, at which time it was noted that the boats, recreational vehicle, and some of the debris had been removed from the site. The remaining items were the metal storage container and a small pile of metal light poles. . On January 12, 2005, the City Attorney sent a final notice to the applicant requesting that the storage container and the remaining debris on the property be removed by January 24, 2005. . A re-inspection of the site was conducted on January 24, 2005, which found the metal storage container and light poles still remaining at the site. The continued non-compliance resulted in the case being forwarded to the City Attorney for the purpose of filing a criminal complaint. . On February 8, 2005, the City Attorney spoke with the applicant by telephone, and as a courtesy extended the compliance date to April 30, 2005. . . The hearing for the applicant to contest the issued citation was held on April 20, 2005, at which time staff informed the hearing officer that the only remaining issue was the storage container since the applicant had recently remove the light poles from the site. After a brief deliberation the hearing was continued to May 18, 2005 for the purpose of obtaining further clarification on questionable Municipal Code requirements. . On May 18, 2005, the hearing officer upheld the citation, and requested that the applicant either remove the storage container or obtain an appropriate use permit for the outdoor storage of the container. . The applicant submitted Conditional Use Permit Application No. 05-14 on June 20, 2005 to consider his request to retain the existing storage container at the subject location. The background information submitted by the applicant (copy attached), mentions that the National Cash Register Company originally occupied the building in the early 1960's and used the storage container to secure cash registers that needed repair. In 1971, the applicant leased the subject container to store business records from his physical therapy practice across the street at 660 West Duarte Road. The applicant purchased the subject property with the storage container in 1980., and continues to use the storage container for businesses purposes. According to the applicant the storage container has been in the same location for 45 years. . CUP 05-14 August 9,2005 Page 3 . . . PROPOSAL The applicant is seeking a conditional use permit to retain the 1 0'x1 0'x20' metal storage container at the subject location for the purpose of storing business records. If a conditional use permit (CUP) is granted, the storage container would remain directly behind the building, as shown on the submitted site plan (copy attached). ParkinQ The site's non-conforming parking area provides a total of 23 substandard parking spaces, which does not include the 10'x20' space being occupied by the storage container. The parking area is in need of repair and should be resurfaced, re- striped, and provided with a trash enclosure if the applicant's request is approved. Under the current parking requirements the existing 7,000 sq. ft. commercial building, which is currently occupied by a music store, requires 35 spaces. ANALYSIS Based on staffs research the use of a storage container for outdoor storage purposes has never been a permitted use by right. Since 1966 outdoor storage of any item in a commercial zone has only been permitted on a conditional use permit basis. The applicant has stated that the subject storage container has existed in the same location for 45 years; however, a 1985 aerial photo (copy attached) shows the site without any'storage container, which makes the duration of time that the storage container has existed on the site questionable. Also, staff did not find any documentation to verify any past approval from the City for the storage container to be located on the site. After conducting several recent site inspections of the property, it is staffs opinion that the storage container is unsightly and not a suitable means for outdoor storage because it is difficult to completely screen the unit from public view. The storage container is highly visible from the neighboring properties to the north and west of the site, which are approximately 2 to 3 feet higher in grade elevation than the subject property. Also, staff feels that approval of such a container could set a precedent especially with regards to the automobile service businesses throughout the City that frequently inquire about the use of similar storage containers. CEQA Pursuant to the provIsions of the Califomia Environmental Quality Act, the Development Services Department has determined that the proposed use will not have a potential for causing a significant effect on the environment, and is categorically exempt from CEQA per Section 15311. CUP 05-14 . August 9, 2005 Page 4 . . . FINDINGS Storage containers are required to be within a building in accordance with Municipal Code Section 9263.6.5, which reads as follows: "All permanent and temporary storage of wares, merchandise, equipment, storage containers and similar items shall be within a building. The use of temporary storage bins, sheds, shipping containers, semi trailers and trailers and/or temporary buildings is not permitted." Based on a liberal interpretation of "Outdoor Storage" the applicant was provided the opportunity to apply for a CUP as an altemative. Section 9275,1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. RECOMMENDATION The Development Services Department recommends denial of Conditional Use Permit Application No. CUP 05-14 because the existing storage container is not a suitable means for outdoor storage at the site; and therefore it should be removed to bring the subject property into compliance, as required by the above-mentioned Code Section 9263.6.5. If the Planning commission determines that based on evidence presented this is an appropriate use at the site and move to approve CUP 05-14 August 9, 2005 Page 5 Conditional Use Permit No. 05-14, staff recommends the following conditions of . approval: 1. That the applicant shall upgrade the existing parking lot by resurfacing, re- striping, and constructing a trash enclosure in accordance with all applicable Municipal Code requirements. This work shall be completed within 60 days from the adoption of the resolution, and subject to the satisfaction of the Community Development Administrator or his/her designee. 2. The applicant shall repaint the storage container to match the exterior of the 657 building within the same period of time that is set forth for the completion of the parking lot improvements. and subject to the satisfaction of the Community Development Administrator or his/her designee. 3. The applicant shall comply with the condition of approval imposed by the. Fire Department memorandum, dated July 6, 2005. 4. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense ofthe matter. . 5. Approval of CUP 05-14 shall not take effect until the property owner(s), and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and. acceptance of the conditions of approval. PLANNING COMMISSION ACTION Aooroval If the Planning Commission intends to approve this conditional use permit application, the Commission should move to approve and find that the project will not have a significant effect on the environment; and that this project is categorically . CUP 05-14 August 9, 2005 Page 6 . exempt from CEQA per Section 15311, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings. Denial If the Planning Commission intends to deny this Conditional Use Permit application, the Commission should state the specific reasons for denial and direct staff to prepare the appropriate resolution incorporating the Commission's decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the August 9th public hearing, please contact Planning Services at (626) 574-5423. . Attachments: Fire Department memorandum, dated July 6, 2005 Aerial Photo & Zoning Map , Land Use Map Plot Plan Current aerial photo of the site Aerial photo of the site, dated 1985 Photographs of the site Preliminary Exemption Assessment Environmental Information Submitted application . CUP 05-14 August 9, 2005 Page 7 City of Arcadia Fire Department David Lugo Fire Chief . . PROJECT REQUIREMENTS Arcadia Fire Department-Fire Prevention Bureau 710 South Santa Anita Ave, Arcadia, CA 91006 Ph (626) 574-5104 Plan Check # CUP 05-014 Date - 7/6/05 Project Name Storage Container Project Address 657 W Duarte Rd Applicant Name Joe Borland The following items listed below are required to be addressed before Fire Department Approval can be obtained. All changes shall be made on the original drawing (vellum). Pen or pencil corrections are not acceptable. A. Contents of container shall be stenciled in 6" high red lettering on north and east container sides, e.g. "OFFICE SUPPLIES ONL V". All plan check questions should be directed to Deputy Fire Marshal Mark Krikorian at (626) 574-5104. Thank you. tl N 1011 0 fOIl ~ -~I~~' kl ' J re- t. 1l~ - ~ , ,1 \ ,I ~ ~ .' ~ 657 W Duarte Rd D Arcadia ~ Zone '7fh:r ~ Development Services Depariment Engineering Division 2011 Feel , '. ~J ~~~ ...., 657 W /Duane R~ad CUP (}!)a14 . AVE ARCADlA C-2 :,,31.":: '" '" "" Wells ... Helma's "" 2 0 Fargo Burgers Bank !Al.;3 C-2 C-2 ;4"1.1;04 ARCADIA H-4 AVE. Gas Station ;., "'T'S.t'f Mixed CommeneiaJ . , Beauty spa '" . ... - ui . > C-2 < IHOP Z :: C ...J < m Om,e bldj} Mixed Commercial 707.;Q ~...~ OU~RTE RO. Beauty saloO'l ~u. ",. Cpao} Office bldG. bank (.aol (",Ii) I j I C-2 C-2 office bldg. C-2 H-4 medical offices Burlington Cost FacIOry . World Savings Bank LAND USE & ZONING MAP Application No: CUP 05-14 t NORTH . 657 W. Duarte Road Scale: 1 inch = 100 feet . . . h N 7K'50T [: UA'-17" 'OUT '1'.1)'" 6'3T \ ~R1TUNl: ",-1 \ ..l'.e' s~ \ " -. gl:!. EX!~TN::;. " " E>:15T1W6'1WllC:M1 .... p-"", n,lZ'~ 5QA<TJ .. ~ """. . ~ " ~ I \ .. E .. I ! \ '0 .. 011 r .. " ~ \\ .2e)'xs..... & . I I~ I <;:> I \ ;:) .;; ~.lO"X 8..... aTAl..L& ~ I \ I -- Y .--- ~LIl'E N 2U.'ll' PLOT PLAN ~ 657 W. DUARTE RD. ARCADIA. CA 91006 1116-.".". EXI!TrNat e . . n = ., ., .. = .... "CI cr C> .... 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It-.,,: ...Iy:r ."',.~:,fr.i; ,~~.. .""" ~;' ~~ ,~~~j ~/ 'f~~'''. ,_~~~- '. '.'1 ~:, ~;. ...,:,:--;.... '_~ f\.-;' '.t . . ' r--- .~~~!;- I~ ~ ,g,.. 3:Q9-Ptl~:- . ___0 h '"; - --'- ._~---~ -'. MAY 9, 2005 . . ,.' '....../1'. . ,....I,~.. '~. f' '" , ), 1_ ... "l" " , ~, ~", l .!...:J....J: .. _.'...' ~ ,..it -; 'l ~'# ~., vr.. ..."'...:.. ~".._'~=' ~ '. -:""'- . I ''"', c.... " r<-......{1 '.-~ .. .::.' . t ~1r,' :' ':~ ""."'- " .~ . d"", .' w.'~' '.. ~:'4.. ""'$1:' . ".-. ~..- _ ",'{;; .....f- ,~,i...'~' .' -~. Ilr- ~~ I _______.~___ iii ... ~F I , . I I: - - - . 4J t..:, .- i ". 3:07 PM MAY 9, 2005 . I . . . . OCTOBER 20, 2004 . . . PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination when attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit Application No. 05-14: The applicant is reauestina a conditional use permit to retain an on-site 1 0'x1 O'x20' storaae container at the subiect location for.the purpose of securina business records. 2. Location: Anaeles 657 West Duarte Road in the City of Arcadia. Countv of Los 3. Entity or person undertaking project: A. X B. Other (Private) (1) Name: Joe Borland (2) Address: 657 West Duarte Road. Arcadia. CA 91007 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA, b. The project is a Ministerial Project. c, The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. --2L- The project is categorically exempt. Applicable Exemption Class: Class 11. Section 15311 f. The project is statutorily exempt. Applicable Exemption: The project is otherwise exempt on the following basis: g. h. The project involves another public agency, which constitutes the Lead Agency: Name of Lead Agency Date: Corkran Nicholson. Plannina ManaCler Staff June 29. 2005 7/02 . . . FILE NO. CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 (626) 574-5400 ENVIRONMENTAL INFORMATION FORM Date Filed: (; /1-0 /0 ~ I / General Information 1. Name and address of developer or project sponsor: Joe Borland Phvsical Therapv 2. Address ofproject (Location): 657 W. Duarte Rd.. Arcadia. CA 91007 3. Name, address and telephone number or person to be contacted concerning this project: Joe Borland. 657 W. Duarte Rd.. Arcadia. CA 91007 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 1990 Rick Gomez. Develooment Services for City of Arcadia apnroved the concrete slab the secure container is on. Gomez made no comment about secure container behind bId!!. 5. Zoning: C-2 General Commercial 6. General Plan Designation: C Proiect Description 7. Proposed use of site (project description): Secure container behind 657 Bid!!. can not be seen from street. has been in same location unchanged & unexpanded since 1960 a total of45 Years. 8. Site Size: '},", _ Sq. Ft. lOx20 Feet Acre(s) 9. Square footage per building: 200 Sa. Feet . 10. Number of floor of construction: II. Ground II. Amount of off-street parking provided: 21 12. Proposed scheduling of project: Secured container has been behind 657 Bldg. in the same location unchanged & unexpanded since 1960 - 45 vears. 13. Associated projects: N/A 14. Anticipated incremental development N/A . 15. If residential, included the number of units, schedule of unit sizes, range of sale prices or rents and type of house hold sized expected: N/A 16. If commercial, indicated the type, i.e. neighborhood, city or regionally oriented, square footage of sales area, and loading facilities, hours of operation: Bv appointment - Commercial 17. If industrial, indicate type, estimated employment per shift, and loading facilities: N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, .loading facilities, and community benefits to be derived from the project N/A 19. lfthe project involves a variance, conditional use permit or zoning application, state this and indicate c1earl)' why the application inequired: After 45 vears and with Rick Gomez acceptance in 1990. the city has now reQuired a conditional . use Permit to be submitted - This conditional permit will nilt create precedent since it has existed since 1960. EnvironinfoFonn 4/01 20. Are the following items applicable to the. project or its effects? Discuss below all Items . checked yes (attach additional sheets as necessary). YES NO . o .fJ 21. Change In existing features of any hllls, or substantial altera~on of ground contours. o ~ 22. Change in scenic views or vistas from existing residential areas or public lands or roads. CJ~ Cl ~ o t8J D ii9 0 S 0 ~ 0 SI . 0 ~ 23. Change in pattern, scale or character of general area of project. 24. Significant amounts of solid waste or litter. 25. Change in dust, ash, smoke, fumes or odors in vicinity. 26. Change in ground water quality or quantity, or alteration of existing drafnage patterns. 27. Substantial change in existing noise or Vibration levels in the vicinity. 28. 'Is site on filled land or on any slopes of 10 percent or more? 29. Use or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives 30. Substantial change in demand for municipal services (police, fire, water, sewage, etc.) o ~, 31. Substantial increase in fossil fuel consumption (electricity, 011, natural gas, etc.) DIi9 o E6J 32. Relationship to a larger project or series of projects 33. Has a prior environmental impact report been prepared for a program, plan, polley or ordinance consistent with this project? D D 34. If you answered YES to question no. 33, may this project cause significant effects on the environment that were not examined In the prior EIR? .Envlronmen~1 Setting 35. Describe (on a separate sheet) the project site as it exists before the project, inciuding information on topography; soil stability, plants and animals, any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. (Snapshots or Polaroid photos will be accepted,) . EIIvl1OnlnfoForm .3- 4/01 . . . Answer to Question 35. 35. The existing site is flat and surrounded by commercial development with a two story building on the north side, with parking lot and gas station on the west side and a 12 unit commercial rental on the east side. Security container has been behind the 657 bldg in the same location unchanged and unexpended since 1960,45 years. .*Pictures Attached - Back Ground 36. Describe ( on a separate sheet) the surrounding properties, including information on plants, animals, any cultural, historical or scenic aspects. Indicate the type of land uses (residential, commercial, ect.), intensity ofland use (one-family, apartment houses, shops, department stores, ecL), and scale of development (height, frontage, set-backs, rear yards, ect.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Answer: The surrounding properties are all commercial with variety of stores, restaurants, retail stores, ample parking spaces. The rear of the project site views parking lot, and mountains, from Duarte Ave. on the south the security container can not be seen for the south, west, and east of Baldwin Ave. or Duarte Rd. Project can only be seen if looking south form the raised parking,area on the north side in the of the middle of the parking lot. "Ground Diagram Attached Certification I hereby certify that the statements furnished above and in the'attached exhibits present the data and information required for the this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date If IN'-<. O~- (';~ Q &--LI For t., r 7 w D.AA.AlA.../i ~ ~ / ~/)- 1/;1) . . . . . @) CUP cJS, -/ tf CONDmONAL USE PERMIT APPLICATION A. APPLICATioN INFORMATION Name Joe Borland R.P.T.. Inc. 657 W. Duarte Rd.. Arcadia. CA 91 007 Address (Since 1960 Security Container has been located on the same location) Daytime Telephone No. (626) 445-1943 Interest in Property Owner of Prooertv. 2 Business License since 1971 Security Container Is Used By the Business for 34 years. B. PROPERTY OWNER INFORMATION Name Joe Borland Physical Theraoy Address Same as above Daytime Telephone No. (626) 445-1943 C. PROPERTY ADDRESS (LOCATION) 657 W. Duarte Rd.. Arcadia. CA9lD07 D. LEGAL DESCRIPTION .PARCEL # 5778-007-008. MAP CODE 567-A7 TRACT # 3430 LOT COM S 86 10 10nW 75 FT FRO~ NE COR OF LOT 40 TH S 86 10 lOnW 75 FT TH S 3 43 W TO NW LINE OF DUARTE RD TH NE THEREON TO A PT S 3 43 W FROM BEG TH N TO BEG PART OF E. GENERAL PLAN DESIGNATION' Security Container behind Building (Not Seen From Duarte Rd nor Baldwin Ave) F. ZONE CLASSIFICATION C-2 General Commercial G. Proposed Use (State exactly what use is intended for the property. If you ate applying for an eating establisbment,.restaurant, or place of assembly, included the seating capacity and hours of operation) Continued usa~e of security container since 1960. to Present. ADDling for conditional use oermit of lOx 20 steel security container: that has been in usage for the oast 45 Years. Since 1960 Cash Relristers for 11 Vrs. Borland Physical Theraoy for 34 vrs Record Security ~ . PREREQUISITE CONDITIONS: (The law requires that the conditions set forth below be clearly established before a conditional use permit can be granted.) EXPLAIN IN DETAIL WHEREIN YOUR CASE CONFORMS TO THE FOLLOWING FNE CONDITIONS: . 1. Thatthe granting of such conditional use permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zones or vicinity. The secured container has been in the same location since 1960when property was owned bv Mr. Upiohn & leased to NCR (National Cash Registrv) until 1970. When Mr. Upiohn leased the container to Joe Borland for securitvofrecords. Since that time the container has not been moved or exoanded. It is behind the BIde: on the N side of Duarte Rd & behind a wall on the West can not be seen 2. That the use applied for at the location indicated is one for which a conditional use permit is authorized. For 45 VIS the secured container has existed (prior to the city ordnance) presently it is a pre- existing non conforming. non expanded security container behind the buildine: & a wall not seen from street either, 3. That the site for the proposed use is adequate in size and shape to accommodate said use, including all yards, spaces, walls, fences, parking, loading, land-scaping and other features required to adjust said use with the land and uses in the neighborhood. Meets all the above Items - Pre existine: since 1960 can not be seen from Duarte Rd nor Baldwin Ave. painted the same as buildine: 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. The existinlZ securitv container is behind the buildine: & wall. can not be seen from Duarte Rd or Baldwin Ave. It sits on a concrete 6" thick slab that supports the security container and was approved bv Rick Gomez in 1990. Development Service Director. City of Arcadia 5. That the granted of such conditional use permit will not adversely affect the com-prehensive General Plan. The existing (45 vear) securitv container has no adverse affect on anvone. The conditional use permit will not create precedent since it has existed since 1960. . NOTE: The Planning Commission is required by law to make a written fmding of facts, based upon the information presented at the time of the public hearing, that beyond a reasonable doubt the five above enumerated conditions apply. plngformslcupapplicat 01/30/04 .2. . APPLICANT(S)' VERIFICATION I (WE) HEREBY CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY TIIAT TIIE FOREGOING INFORMATION AND ATTACHED OWNERSHIP LIST ARE TRUE AND CORRECT. SIGNAT1JR!!S: ( Telephone No. bJ 6 'fLj) J 7'13 VJv~k~~ C!J- Address (mclude street, city, state and zip code) Appli Telephone No. Applicant (if more than one) Address (include street, city, state and zip code) . Telephone No. b2 ~ L/rS-I'iv3 er record ( signature) !/!JS/ fA) D~ ~ ~ C/J- Address (include street, city, state and zip code Telephone No. Owner of record (rr more than one) Address (include street, city, state and zip code) FOR OFFlCE USE ONLY OCOMPLETED APP. OPLANS & ELEV. ORADIUS ~ Rec~vedby (.(,~, o SIGNATURES OREDUCED PLANS OEIR DOC. 02 $25 CHECKS (LA COUNTY RECORDER) OLABELS INCLUDING 1 FOR AU. INTERESTED PARTIES OLABELS F.OR APPLlC~, ~~ ENGINf.EF,. ARC~q 5 SETS Receipt No. ./ tJ f.R.!l ':L Date LP J W Lf2..!f? . I I . plngfonruo/ cupapp1lca1 '.3, 01/30/04 . . . AFFIDAVIT STATE OF CALIFORNIA CITY OF ARCADIA COUNTY OF LOS ANGELES ) ) ) 1, ~\t) e ~ 0 {Z. I m./lJ n (print name) hereby certify that the attached list contains the names and addresses of all persons to whom all property is assessed as they ap~ear on the latest available equalized assessment roll of the County of Los Angeles. within the area described on the attached application and for the required distance ~f notification from the exterior boundaries of the property descnoed on the attached application. I also certifY that the subject site described on the attached application contains no illegal lot splits or other divisions ofland not specifically authorized by the City of Arcadia. I certifY under penalty of perjury that the foregoing is true and correct (signed) (date) (application #) ;;0 .JU~ c. 0 S- {!./} P. 06 -+ plngloraull cupappllcal M/30/04 ~ BACK GROUND . This property was developed in 1960 by Mr. Upjohn. The 657 Building was built and Lease to the National Cash Register NCR until 1980 when Joe Borland RPT purchased the property & secure container. NCR used the secure container for a night drop for cash registers to be repaired and before work pick up. This secure container has been behind the 657 Building in the same location unchanged and unexpended since that time, a total of 45 years.... Joe Borland Physical Therapist started his physical therapy medical practice and Borland's Retail with two business license in the City of Arcadia in 1971 . Mr. Upjohn was Borlands patient and also sold Borland a cash register that same year. On or about the same time Mr. Upjohn leased the secured container to Borland for his business since NCR now manufactured electronic units. This secure container has been in Borlands ownership for 34 years same location. 1990 Rick Gomez, Development Services Director for City of Arcadia, approved the concrete slab under the secure container "NO" permit was required. Mr. Gomez at the same time did not object to the secure container nor the location behind the building, in fact he though the location was a good one for 30 years. . Since then, 1971 Joe Borland Physical Therapy & Borland's retail has continue in business at this same location' and maintains the property including being the property manager. Borland continues to have two business for the past 34 years and uses the secure container for those businesses. This conditional pennit will not create precedent since it has existed since 1960. . . - - = ===== ==:===:===::=:::?_~. ... ---...- ------..;------...--' ---...-----....---...-...--- "'-"'" ~ .~~....~" "_.so' ---~-"':'" ""'. ,ff.-),.. .,..,- .>6'--,: \....'. ,'~ ~ ::J . ----::~rftHr ;;: :~::::::: ::=~::::: . - - -. ~ - ~.- _ _ _ +A _ __'_ - -.. ..-.... ......_' "R V," . ....",-:;~-=-. ~ -::~ .:',,-.~~......=\:. ~-~. ,.... _..-tt'.""'''' "., - ------ .""";'.",-- '-~-$'>- ~~~ . '-1 - '. ~; .- ". 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