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HomeMy WebLinkAboutResolution No. 7314RESOLUTION NO. 7314 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA GRANTING A ZONE VARIANCE (VARIANCE CASE NO. V 788 JAMES EDWARDS, JR.). 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 James Edwards, Jr., (Variance Case No. V 788) requesting a variance to allow the waiver of the requirement of Section 19.48.050 regarding required parking lot improvements; that a duly noticed public hearing was held on said application by the Planning Commission on March 23, 1983 and continued through June 22, 1983, and that the Planning Commission denied said zone variance application; 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, on August 1, 1983. SECTION 2. After due notice and public hearing held by the City Council on August 1, 1983, 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 645 East Foothill Blvd., Azusa, and is zoned C-3 (general commercial). B. The subject property use is that of a Drive-in Theatre/Swap Meet. The surrounding property to the north is zoned R -A (residential -agriculture), to the south is zoned C -2/R3 -c (restricted commercial/ multiple family residential), to the east is zoned M-1 (light manufacturing) and to the west it is zoned C-3 (general commercial). C. The area of the application is designated community -commercial by the General Plan. D. 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 prop- erty in the same zone. E. 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 mitigate the adverse effects of a gravel parking area upon the surrounding properties. F. The granting of the variance for the subject property will be consistent with the general plan of the City of Azusa. SECTION 3. The appeal of Zone Variance Case No. V 788 is hereby approved, subject to the following conditions: A. The development shall comply with the Plot Plan submitted. B. The applicant shall grade and fully cover the subject site with gravel or steel slag to the approval of the Director of Public Works. - 1 - 0 0 C. Grading shall be done in a manner so as to provide drainage to the approval of the Director of Public Works. D. The applicant shall provide adequate number of employees to direct the vehicles of the Swap Meet patrons into and out of the designated parking areas. E. A precise plan, indicating grading, drainage, covering material, location of parking spaces and access shall be obtained. F. The Memorandum of Understanding, Marked Exhibit "A", shall be attached hereto and Items of Agreement therein (Item Nos. I through IX) shall become conditions of this variance. 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 "B" has been prepared inaccordance 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. ADOPTED AND APPROVED this 15th day of August, 1983. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof, held on the 15th day of August, 1983, by the following vote of the Council: AYES: COUNCILMEMBERS: DECKER, HART, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE C/7 CLERK - 2 - MEMORANDUM OF UNDERSTANDING PURPOSE: The purpose of this Memorandum is to outline points of agreement between Edwards Theaters and the City of Azusa relating to the operation and maintenance of the swap meet. LONG-TERM PLANS: It is the owner's intent and desire to continue operation of the swap meet activity well into the future. While the owner/operator may desire the future expansion of the swap meet by conducting the swap meet on Saturdays in addition to Sundays, such future expansion of use is not be considered in the terms of this Memorandum of Understanding. ITEMS OF AGREEMENT: I. Maintenance. A. Theater walls and structures are to be repaired with the replacement of missing panels. Walls and structures are to be repainted and properly maintained at all times. B. Landscaping shall be properly maintained at all times. A representative of Edwards shall coordinate with the City Community Services Department in establishing appropriate plants for use in landscaped areas. Edwards shall submit to the City the approved landscaping plan which shall be retained as the official plan for enforce- ment purposes. Provisions shall be made for adequate irrigation and maintenance. II. Parking. Edwards shall have caused to be adequate parking within walking Should a site become unavailable will pursue an alternate site. III. Triangle. processed variances for the distance to the swap meet. for parking purposes, Edwards The triangle property may be used for parking purposes. Edwards agrees to pave the site, provide interior landscaping, and a ten -foot wide landscaped buffer along Alosta Avenue. EXHIBIT "A" 0 0 Memorandum of Understanding Page Two IV. Senior Citizens. Edwards agrees to set aside three (3) spaces reserved for use by seniors who are residents of the City of Azusa; the spaces will be made available on a no -charge basis to qualified senior citizens. Seniors shall be exempted from the vendor tax. V. Control Point. The manager's name and telephone number, as well as a contingency contract, will be made available to the City Police and City Clerk departments. VI. Off -Site Cleaning. Edwards will conduct off-site cleaning in order to remove debris and litter caused by patrons of the swap meet in the vicinity of the theater. VII. Loudspeakers. Loudspeakers shall be used only for emergency purposes. VIII. Vendor Tax. It is agreed that should the amount generated by the vendor tax fall below $30,000 in any fiscal year, Edwards would reimburse the City the difference between the tax generated and $30,000. IX. Site Plan. Edwards shall have caused to be prepared and submitted to the City of Azusa a site plan identifying emergency aisleways, vendor spaces, and landscaped areas. The foregoing is agreed to this 18th day of July 1983. EDWARDS THEATERS, INC. CITY OF AZUSA By 6Z�9,�� CHARLES R. MARTIN City Administrator VARIANCE CASE N0. V-788 • City of Azusa• Assessment of Environmental Impact 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 645 E. Foothill and zoned C-3 (General Commercial). The applicant requests a variance to allow him to provide minimum improvement to the proposed parking areas, however, the areas have been or will be paved. Answer the following questions by placing a check in the appropriate space: Yes No I. Could the project significantly change present uses of the project area? g 2. Could the project significantly change present uses of lard outside the project area? g 3. Could the project deny the peaceful enjoyment of adjoining prcerties? X 4. Could the project affect the use of a recreational area or area cf it„oortan- aesthetic value? X 5. Could the project affect the function- ing 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 mar. -made features in the project'erea unique, that is, not found Ln other parts of the city, county, state, or nation? X EXHIBIT "B” Yes No 9. Could the pr &ct significantly affect • an historica or archaological site or Its setting? X 10. Could the project significantly affect the potential use, extraction, or con- servation 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) 13. Are there any rare or endangered plant species in the project area? 14. Will the project entail the removal of any mature trees7 if so, how many, what species, and general size? 15. Could the project result in erosion, flooding or siltation either inside or outside the property? 16. Could the project serve to encourage development of presently undeveloped areas or intensify development of al- ready developed areas? 17. Will the project raise the level of vehicular traffic in the area? 18. Will the project require a variance from established environmental stan- dards (air, noise, water, etc.)7 19. Could the project breach any published national, state, or local standards relating to solid waste or litter control? e .X X X X X X a Yes No ' 20. Will the prof t require certification, authorization or Issuance of a permit by any local, state, or federal environ- mental control agency? % 21, Is the project out of harmony with City plans or policies? (General Plan, environmental goals and policies) % 22. Will the project require issuance of a variance, conditional use permit or the granting of a change of zone? % 23. Will -the project involve the application, use, or disposal of hazardous materials? % 24. Will the project involve construction of facilities in a flood plain? % 25. Will the project involve construction of facilities in an area•with natural slopes over 10%? % 26. Could any geologic features (slices, faults, etc.) cause adverse conditions to result from this project? % 27. Could the construction of/or the completed project result in the generation of sig- nificant amounts of noise or dust? % 28. Will the project involve the burning of brush, trees, construction materials, etc.? % 29. Could the project involve the possibility of contaminating a public water supply 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? $ a 31. Have alternate plans been considered in light of their Impact on the environ- ment? If so, what aspects of the sub- mitted plan are the result of these con- siderations? • Yes Statement of No Significant Environmental Effects No X 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: 99 The Rijbierr varianre is required becausethe Azusa Municipal Code (Section 19.48.050) requires that parking spaces, other than in a garage shall be fully improved to the approval of the City Engineer. Initial Study prepared by: RUBIN YU Conclusions Place a check in the appropriate box (g ) It has been determined that the project will not have significant environmental effects for the following reason(s): The proposed parking facilities have been or will be paved by the applicant. ( ) It has been determined that the project could have significant environmental effects. An Environmental Impact Statement will be submitted on approximate date By 0 Planning Director By (Director of Public Works