HomeMy WebLinkAboutResolution No. 6864RESOLUTION NO. 6864
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA GRANTING A CONDITIONAL USE
PERMIT (CONDITIONAL USE PERMIT CASE NO.
C218 KIYOHITO NAKAHARA)
THE CITY COUNCIL OF THE CITY OF AZUSA DOES
RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby find
and determine that there was filed with the Planning
Commission the application of Kiyohito Nakahara (Con-
ditional Use Permit Case No. C218) requesting a
Conditional Use Permit to allow on -sale liquor within
three hundred feet (300') of a residential zone and a
disco dance operation on the property located at 295
South Azusa Avenue; that a duly noticed public hearing
was held on said application by the Planning Commission
and that the Planning Commission denied the said
Conditional Use Permit; that the matter was appealed to
the City Council by the applicant and a duly noticed
public hearing was held by the City Council on said appeal;
during the public hearing before the City Council the
applicant stated that the request for the disco operation
would be eliminated from the application; the City Council
determined that the case should be reconsidered by the
Planning Commission based upon the changed evidence and
referred the matter back to the Planning Commission for
that purpose; the matter was reviewed by the Planning
Commission in light of the modified application and the
Planning Commission recommended to the City Council that
the Conditional Use Permit be approved subject to a
condition as to hours of operation; upon the request of an
opponent a rehearing was scheduled and conducted but the
applicant failed to receive notice, so the rehearing was
rescheduled at which evidence was received.
SECTION 2. After due notice and public hearing
the City Council finds:
A. The subject property is located at 295
South Azusa Avenue, Azusa and is zoned FS (Freeway
Service).
B. The applicant in his revised application is
requesting to establish an on -sale liquor operation within
three hundred feet (300') of a residential zone.
C. The area of the application is designated
general commercial by the general plan.
D. The applicant proposes to convert the existing
structure and add to it for the purpose of developing a
restaurant and as part of the restaurant operation applicant
is proposing to serve alcoholic beverages.
E. The on -sale liquor license operation in
conjunction with the restaurant operation should create
no problems provided it is a secondary use and no primary
use.
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F. An assessment of environmental impact has
been prepared which indicates that the on -sale liquor
license conducted as a secondary use should have no
detrimental environmental effects.
G. A possibility exists that the applicant may
in the future develop additional parking on property adjacent
to the subject property and facing on San Gabriel Avenue.
H. If such parking is developed, the residences
to the west can be protected by construction of a masonry
wall between the parking and the residences, prohibition
of access from the parking to San Gabriel Avenue, and
screening of all lighting in the parking lot from shining
on any residential properties.
SECTION 3. Conditional Use Permit Case No. C218
is hereby approved subject to the following conditions:
1. The on -sale liquor license as approved is
only approved as a secondary use in conjunction with a
bona fide operation of a restaurant.
2. The hours of operation shall be limited to
from 9:00 a.m. to 10:00 p.m. daily.
3. If parking is developed in the future on
property along San Gabriel Avenue serving this use, access
shall be prohibited from the parking to San Gabriel Avenue,
a five foot (5') masonry wall shall be constructed to
screen the parking from view by residences on the west side
of San Gabriel Avenue and lighting on the parking lot shall
be screened from shining on residential properties in the
vicinity.
4. The development of the subject property shall
be in accord with Chapter 19.22 of the Azusa Municipal
Code relative to all development. standards.
5. Violation of any condition set forth in this
approval shall constitute cause for revocation of any
approvals provided herein.
SECTION 4. The City Clerk shall certify to the
adoption of this Resolution.
IL•I:;QI
ADOPTED AND APPROVED this 21st day of January
MAYOR
I hereby certify that the foregoing
duly adopted by the City Council of the City
regular meeting thereof held on the 21st day
1980, by the following vote of the Council:
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Resolution was
of Azusa, at a
of January
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AYES: COUNCILMEN: Decker, Fry, Moses, Solem
NOES: COUNCILMEN: Cruz
ABSENT: COUNCILMEN: None
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ADOLPH SOLIS, City Clerk