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HomeMy WebLinkAboutResolution No. 72240- RESOLUTION N0. 7224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE APPEAL AND APPROVING A CONDITIONAL USE PERMIT (CONDITIONAL USE PERMIT CASE NO. C-283, GEORGE ROSENFELD) 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: , A. There was filed with the Planning Commission the application of George Rosenfeld (Condi- tional Use Permit Case No. C-283) requesting a Conditional Use Permit to allow an automobile wrecking yard located at 1050 West Gladstone Street, Azusa, pursuant to Chapter 19.35 of the Azusa Municipal Code; B. A duly -noticed public hearing was held on said application by the Planning Commission on November 3, 1982, and the Planning Commis- sion conditionally approved the permit; C. The matter was appealed.to the City Council by Walter E. Dahlem on November 15, 1982, and by John A. Artukovich, Jr., on November 15, 1982; D. A duly -noticed public hearing was held by the City Council on said appeal on January 4, 1983, at which time oral and written evidence was received and considered. SECTION 2. After due notice and public hearing and in consideration of all .written and oral evidence presented at said public hearing, the City Council finds that: A. The subject property is located at 1050 West Gladstone Street, Azusa, California, and is located in the M-2 Zone. B. The public necessity, convenience, welfare and good zoning practice justifies the denial of the appeal and the granting of the Conditional Use Permit,and the granting of the Conditional Use Permit for the subject property will not adversely affect the health, safety or general welfare of the area and the surrounding properties due to the conditions attached to the approval of the Conditional Use Permit. SECTION 3. The appeal of Conditional Use Permit C-283 is denied and Conditional Use Permit C-283 is hereby approved subject to the following conditions: . A. All operations and storage, including all equipment used in conducting such business, shall be within an enclosed building, or with- in an area enclosed by a solid wall. B. A solid wall or solid fence shall be provided along the common boundary line between the proposed automobile wrecking and junk yard and the existing ones to the satisfaction of the Director of Public Works. C. All fences and wall shall be of a uniform height in relation to the ground upon which they stand, and shall be a minimum of eight feet and shall not exceed sixteen feet in height. All fences or walls shall be set back five feet from the property line along all frontages abutting a public street or highway. D. All fences and walls open to view from any pub- lic street or highway or any area in a residen- tial, agricultural, or commercial zone, shall be constructed of solid masonry. E. All fences and walls shall be a uniform color, shall be constructed in a workmanlike manner, shall be maintained uniformly and shall consist solely of new materials. The wall shall be maintained at all times including the immediate removal of grafitti. F. All yard gates shall be solid and no less than eight feet in height. Gates shall be kept closed when not in use and shall provide a pedes- trian access opening unless other pedestrian access is provided. G. All aisles and drives within the yard shall be paved with an asphalt surfacing three inches thick to prevent emission of dust or tracking of mud onto public rights-of-way. All areas used for dismantling and/or storage shall be covered with rock base three inches thick to the satisfaction of the Director of Public Works. H. Drainage. All yards shall be graded to drain to the public street or as may be approved by the Director of Public Works. Any drainage discharged onto public rights-of-way shall be processed through a proper clarifier to remove all contaminants. I. A minimum of fifteen (15) parking spaces shall be maintained at all times. Said spaces shall be improved in accord with Chapter 19.48 of the Azusa Municipal Code. J. The parking spaces required herein shall not be used for the parking of vehicles used directly in the conducting of such use or of renovated, repairs, or reassembled vehicles which are owned, operated, or in the possession of the proprietor of the automobile wrecking yard or junk yard. -2- K. All parking areas shall conformance with Section Azusa Municipal Code. •~ be fully landscaped in 19.48.060 of the L. All landscaping required herein shall contain an adequate irrigation system and shall be fully maintained at all times. M. A complete plan for all landscaping required herein shall be .submitted for review and approval by the Park and Planning Departments prior to start of construction. N. All frontages of yard areas along all dedicated public rights-of-way shall be fully improved with curb, gutter, sidewalk, and pavement deemed necessary by the Director of Public Works. O. The minimum performance standards of Section 19.35.020 shall be observed. P. The entire area used for automobile storage and component parts thereof shall be main- tained in a neat and orderly condition. Q. There shall be no storage of vehicles or dismantling done outside of the enclosure. R. Applicant and/or operator shall comply with the requirements of the Air Quality Management District applicable to subject use. S. No press or other body crushing device shall be allowed'. T. A minimum of three (3) loading spaces shall be located inside the yard and kep clear for loading and unloading of trucks at all times. U. This conditional user permit shall expire five (5) years from date of approval. V. All conditions of the Azusa Municipal Code mentioned shall be met to the satisfaction of the department directors involved within sixty (60) days of approval of the conditional use -permit. -3- 0 SECTION 4. The City Council does hereby find and declare that the Conditional Use Permit for the subject proper- ty described herein will not have a substantial adverse effect upon the environment and that the Negative Declaration of Environmental Impact attached hereto as Exhibit "A" has been prepared in accordance with the California Environmental Quality Act of 1970, as amended, and the State CEQA Guidelines and is hereby.appro'ved and adopted by the City Council. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED THIS 17th day of January , 1983. 1 `mom f4AYOR I hereby certify that the foregoing Resolution was duly adopted by the City of Azusa, at a regular meeting thereof held on the 17thday of January , 1983, by the following vote of the Council: AYES: COUNCILMEMBERS: DECKER, HART, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Deputy City Cle -4- �L,-to ' City v i Azusa 1143 Wa( �i ssessment of Environmental I. initial Study A copy of the Initial Study for Public Works projects will be available 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 1050 West Gladstone Street and zoned M-2. Applicant is requesting a conditional use permit to allow an automobile dismantling operation in a M-2 zone within the automobile wrecking and junk yard overlay zone. Answer the following questions by placing a check in the appropriate space: YES NO 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 archaelogical site or its setting? X 10. Could the project significantly affect the potential use, extraction, or conservation of a scarce natural resource? X il. 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 XUAN NO 16. Could the project serve to encourage development of presently undeveloped areas or intensify development of already developed areas? X 17. Will the project raise the leve] 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 X control? 20. Will the project require certification, authorization or issuance of a permit by any local, state, or federal environmental X control agency? 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? X 24. Will the project involve construction of facilities In a flood plain? X 25. Will the project involve construction of facilities in an area with natural slopes over 10%? X 26. Could any geologic features (slides, faults, etc.) cause adverse conditions to result from this project? _ X 27. Could the construction of/or the completed project result in the generation of sig- nificant amounts of noise or dust? X 20". Will the project Involve the burning of brush, trees, construction materials, X etc.? 29. Could the project involve the possibility of contaminating a public water supply X system or adversely affect ground water? 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 plan are the result of these considerations? X The only alternative available besides approval would be to deny the requested conditional use permit. If this were done�the entire pro.iect Id be eliminated. 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 conditional use permit as requested herein is not intended to allcl a use not ordinarily permitted the City the right of setting forth certain conditions based upon this use and its impact on the surrounding area The granting of same will not pPrmit a ue nor intensity of use not ordinarily permitted in this zone. Initial Study prepared by:_ WILLIAM CUNNINGHAM Conclusions Place a check in the appropriate box (X ) It has been determined that the project will not have significant environmental effects for the following reason(s): The conditional use permit as requested will not allow a use not nrriinarily permitted in this zone, nor will it permit a use of a greater intensity than that ordinarily permitted in this zone. It is intended to allow the Cityflexibilii in conditioning approval of operations such as this ( -) It has been determined that the project could have significant environmental effects. An Environmental Impact Statement will be submitted on approximate date �. (PLANNING DIRECTOR) By: DIRECTOR Of PUBLIC WORKS