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Home My WebLink AboutResolution No. 72710 0 RESOLUTION NO.7271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING A CONDITIONAL USE PERMIT (CONDITIONAL USE PERMIT CASE NO. C 291 LA TOLTECA). 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 Ben E. Arrietta - La Tolteca (Conditional Use Permit Case No. C 291) requesting a Conditional Use Permit permitting on -sale beer and wine license within 300 feet of a residential zone, on property located at 321 North Azusa Avenue; that a duly noticed public hearing was held on said Application by the Planning Commission and that the Planning Commission conditionally approved the Conditional Use Permit with six (6) conditions; that the matter was appealed to the City Council by the Applicant of Conditions Five and Six and a duly noticed public hearing was held by the City Council on said appeal. SECTION 2. After due notice and public hearing the City Council finds: A. The subject property is located at 321 North Azusa Avenue, Azusa, and is zoned C-2 (restricted commercial). B. The subject property is presently used as a restaurant. The surrounding area is developed with C -2/P uses. C. The area of the property is designated community commercial by the General Plan. D. The applicant wishes to add on -sale beer and wine at the restaurant. Given the fact that subject property is located within 300 feet of a residential zone/use, the proposal requires approval of a conditional use permit. E. The public necessity, convenience, welfare and good zoning practice justify the issuance of the conditional use permit. SECTION 3. The appeal of certain conditions of Conditional Use Permit C 291 is hereby approved subject to the following conditions: submitted. A. Construction shall comply with the plot plan B. All necessary permits shall be obtained. C. Any and all applicable building department and fire department requirements shall be met at all times. D. Hours of operation shall be limited to 8:00 A.M. to 10:00 P.M. SECTION 4. The City Council does hereby find and declare that the Conditional Use Permit for the subject property described herein will not have a substantial adverse effect upon the environment and that the Negative Declaration attached hereto as "Exhibit A", is hereby approved and adopted by the City Council. 0 0 SECTION 5. The City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 6th day of June, 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 6th day of June, 1983, by the following vote of the Council: AYES: COUNCILMEMBERS: DECKER, HART, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CITY/,CLERK EXHIBIT A % 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 I'epartment 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 321 North Azusa Avenue, and zoned commercial. The applicant (La Tolteca) requests a conditional use permit to allow on -sale beer and wine license within 300' of a residential zone at an existing drive-in,mir.f-market type of operation. The Azusa Municipal Code Section 19.24.030(7) requires all businesses who wish to sell on -sale beer and wine within 300' of a residential use or zone must process a conditional use permit. Applicant is, -therefore, re�-;uesting said permit. Answer the following questions by p!,z'riny a check in the appropriate space: I. Could the project present uses of tl,e project ares•'. 2. Could the project significantly-:?ar.ye present uses.:.. lard cut!Oda .the projer.t area? M 3. Could the project deny the enjoyment of adjoining prc_,ertlo_s 4. Could the project affect the use of a recreational area or area of important aesthetic value? 5. Could the project affect the function - Ing of an established community? 6. Could the project result in the dis- placement of community residents? 7. Will the project contribute over 50 . school children'to the area? 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? Yes No X ' 8S 9. Could the project signlfflcently affect an historical or erchaelogical site or Its setting? 10. Could the project significantly affect the potential use, extraction, or con- servation of a scarce natural resource? 11. Docs the project area serve as a habitat, food source, nesting plats, source of water, etc., for rare or endangered wildlife or fish species? 12. Could the project. signlficantIV.i,ffeet fish, wildlife, or plant life? (including migrat.i.on) x= 13. Are there any rare dared ;dant species in the projec.yiyai?- 14, will the .-r-) entail the removal of :; any matura"re=s? if so, 5014 meiy. what spck.te-s. Mrd general size? ;: 15. Could the r..—eject res:;a>. in erosion, flooding or- Li -1 atlea>-,&".thee -inside or outside the oropertyl*_. -- 16. 16. Could the project serve t-sr.courage development of presently L•d_zveioped areas or intensify develorm;+:t 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.)? 19. Could the project breach any published national, state, or local standards relating to solid waste or litter control? X X X X X X X X • • Yes 20. Will the project 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 pians or policies? (General Plan, environmental goals and policies) 22. Will the project require issuance of a variance, conditional use permit or the X granting of a change of zone? M X X 23. Will the project involve the application, use, or disposal of hazardous materials? % 24. Will the project involve constrmction of facilities in a flood plain? % 25. Vill ,he project iaeolrsur tructiar, of .,acilit4es in an arwa,wiih-r-AL.-al slopes aver 10%? :. % 26. Could any geologic fetiiwre5.:'.!�licas. faults, etc.) Cause: pdvf;rS sf F'Mti aIs to resul t .f rom 0 is.R 6Y;$2_ X 27. Could the construction of/+rr: t';:: roiroleted project result in the eco<Il ti ,l r•` sig- nificant amounts of nta ixe or `MAS %� X 28. Will the project involve the b &,,ning of brush, trees, construction materials. etc.? X 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 • *as No 31, Have alternate plans been considered in light of their impact on the environ- ment? If so, whet aspects of the sub- mitted plan are the result of these con- siderations? X Statement of No Si nifieant Environmental Effects If you have answered yes to one o:•.;ore wf the above questions, but still think the project will have no siynifican° en•✓.iro-mental. effects, indicate your reasons below: 22. The Azusa Municipal Code regaaz.a conditional use permit for on -sale beer and wine within 300' of a residential zone or use. Since the subject -restaurant is located in the downtown ai-F, and it is oriented toward Azusa Avenue. the on -sale of beer 3nd.W3:^2'%;aild_not adversely create significant adverse environmental of ect9 P s �`trnn-� > r;.,iin in r e initial Study prepared by: fcizc!u�s;c;�s Place a check In the appropriate ( ) It has been determined that YitS;' pros% ct will not have significant environmental effects for the following reason(s): ( ) 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 of Public Works