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HomeMy WebLinkAboutResolution No. 7208RESOLUTION N0. 7208 A RESOLUTION OF THE CITY COUNCIL OF, THE CITY OF AZUSA GRANTING A ZONE VARIANCE (VARIANCE CASE NO. V-775, SEIGFRIED SPECKERT) NOW, THEREFORE, the City Council of the City of Azusa does resolve as follows: SECTION 1. The City Council of the City of Azusa does hereby find and determine that there was filed with the Planning Commission the application of Seigfried Speckert (Variance Case No. V-775) requesting a variance to allow the waiver of the requirement of Section 19.48.050(1) regarding required parking lot improvements; that a duly noticed public hearing was held on said application by the Planning Commission on October 20, 1982, and that the Planning Commission approved of the variance at that time; that the matter was appealed to the City Council by action of the City Council on November 1, 1982; that a duly noticed public hearing was held by the City Council on said appeal on December 6, 1982. SECTION 2. After due notice and public hearing held by the Council on December 6, 1982, and in consideration of all oral and written evidence presented at said public hearing, the City Council finds that: A. The subject property is located at 1777 North San Gabriel Avenue in the City of Azusa and is located in the C-3 zone (general commercial. .B. Strict application of the provisions of the zoning title of the Azusa Municipal Code will result in practical difficulties or unneces- sary hardships for the subject property inconsis- tent with the general purposes and intent of this title in that it would not be financially feasible to construct the unique land use of a children's bicycle motorcross facility on the subject prop- erty pursuant to the requirements of Section 19.48.050(1). C. There are exceptional circumstances or conditions applicable to the subject property and to the intended use for development of the subject property ,that do not apply generally to other property in the same zone in that the property is uniquely suited to the development of the children's bicycle motorcross use and that no other such use exists in the zone. D. The granting of the variance for the subject property will not be materially detrimental to the public welfare or injurious to the property or improvements in the zone or neighborhood in which the property is located in that the conditions of approval will eliminate the effects of a gravel parking area upon the surrounding properties. E. The granting of the variance for the subject property will be consistent with the general plan of the Citv of Azusa and there are no master plans applicable to the subject property. H SECTION 3. The appeal of Zone Variance Case No. V-775 is hereby denied and Zone Variance V-775 is hereby approved subject to the following conditions: A. The construction shall comply with the plot plan submitted; B. All necessary permits shall be obtained; C. All construction shall comply with the applicable Building Department and Fire Department requirements; D. All the parking spaces, if not paved,, shall be covered with adequate gravel to the satis- faction of the Director of Public Works; E. The variance shall expire on the same date as the Conditional Use Permit expires for the subject facility (C-271, on May 17, 1984); and F. Any and all conditions attached to the subject Conditional Use Permit (C-271) shall be complied with. SECTION 4. The City Council does hereby find and declare that the variance for the subject property described herein will not have a substantial adverse effect upon the environment and the Negative Declaration attached hereto as Exhibit "A" has been prepared in accordance with the California Environmental Quality Act of 1970, as amended, and with the State CEQA Guidelines and is hereby approved and adopted by the City Council. SECTION 5.The City Clerk shall certify to the adoption of this Resolution. 1982. ADOPTED AND APPROVED THIS 20th day of December , I hereby certify that the foregoing Resolution was duly adopted by the City of Azusa, at a regular meeting thereof held on the 2Othday of December , 1982, by the following vote of the Council:' AYES: COUNCILMEMBERS; DECKER, HART, CRUZ, LATTA NOES: COUNCILMEMBERS.: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: MOSES -2- (VARIANCE City of -Azusa: Os sessme'ni of Environmental I Oct Initial Study CASE NO. V-775) A copy of the Initial Study for Public Works projects will be-evailable to the public in the Azusa Public Works Department. A copy of the Initial Study for Planning Department projects will be in the Planning Department and the Public Library. Comments from the public on the projects may be made, in writing, to the respective department directors or at the public hearings for the projects. Project Description: Subject property is located at 1777 North San Gabriel and zoned C-3(General Commercial). This is a request for a variance to waive the requirement of the pavement of parking spaces of the Children's Bicycle Moto -cross Course facility which was approved under a Conditional Use Permit Case No. C-271 which was granted in May of 1982. Answer the following questions by placing a check in the appropriate space: YES NO 1. Could the project significantly change X present uses of the project area? 2. Could the project significantly change present uses of land outside the project area? X 3. Could the project deny the peaceful enjoyment of the adjoining properties? X 4. Could the project affect the use of a recreational area or area of important aesthetic value? X 5. Could the project affect the functioning of an established community? X 6. Could the project result in the dis- placement of community residents? X 7. Will the project contribute over 50 school children to the area? X .8. Are any of the natural or man-made features in the project area unique, that is, not found in other parts of the city, county, state, or nation? X 9. Could the project significantly affect an historical or archaelogicai site or its setting? X 10. Could the project significantly affect the potential use, extraction, or conservation of a scarce natural resource? X 11. Does the project area serve as a habitat, food source, nesting place, source of water, etc., for rare or endangered wildlife or fish species? X 12. Could the project significantly affect fish, wildlife, or plant life? (including migration) X 13. Are there any rare or endangered plant species in the project area? X 14. Will the project entail the removal of any mature trees? If so, how many, what species, and general size? X 15. Could the project result in erosion, y1® NO 16. Could the project serve to encourage development of presently undeveloped areas or intensify development of already developed areas? R 17. Will the project raise the level of vehicular traffic in the area? X 18. Will the project require a variance from established environmental standards (air, noise, water, etc.)? X 19. Could the project breach any published national, state, or local standards relating to solid waste or litter control? X 20. Will the project require certification, authorization or issuance of a permit by any local, state, or federal environmental control agency? X 21. is the project out of harmony with City plans or policies? (General Plan, environmental goals and policies). X 22. Will the project require issuance of a variance, conditional use permit or the granting of a change of zone? X 23. Will the project involve the application, use, or disposal of hazardous materials? R 24. Will the project involve construction of facilities In a flood plain? X 25. Will the project involve construction of fachil.`las In as area with na[ural slopes over 10%? X 26. Could any geologic features (slides, faults, etc.) cause adverse conditions to result from this project? R 27. Could the construction of/or the completed project result in the generation of sig- nificant amounts of noise or dust? R 28'. Will the project involve the burning of brush, trees, construction materials, etc.? g 29. Could the project involve the possibility of contaminating a public water supply system or adversely affect ground water? X 30. Could the project result In a detrimental effect on air quality or on ambient noise levels for adjoining areas? X 31. Have alternate plans been considered in light of their impact on the environment? If so, what aspects of the submitted pian are the result of these considerations? X Statement of No -Significant Environmental Effects if you have answered yes to one or more of the above questions, but still think the project will have no significant environmental effects, indicate your reasons below: 22. The subject variance is required because the Azusa Municipal Code (Section 19.48.050) requires that parking spaces, other than in a garage shall be paved and drained to the approval of the City Engineer. 27. The unpaved parking facilities will generate substantial dust; the staff recommends that all the parking area sh to reduce the amount of dust as a condition o Initial Study prepared by:__ WILLIAM CUNNINGHAM Conclusions Place a check In the appropriate box overe (X ) It has been determined that the project will not have significant environmental effects for the following reason(s): vel The subject variance would be a temporary waiver and if the parking area covered with gravel, the amount of dust generated will be substantially reduced. Therefore, the environmental effects will not be significant. ( ) It has been determined that the project could have significant environmental effects. An Environmental Impact Statement will be submitted on approximate date By: PLANNING DIRECTOR By DIRECTOR OFPUBLIC WORKS