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Home My WebLink AboutResolution No. 72700 0 RESOLUTION NO. 7270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING A CONDITIONAL USE PERMIT (CONDITIONAL USE PERMIT CASE NO. C 290 WILFRED SCHLANGE). 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 Wilfred Schlange (Conditional Use Permit Case No. C 290) requesting a Conditional Use Permit allowing expansion of an existing non -conforming use and to permit a drive-in business for the purpose of obtaining an "off -sale" beer and wine license, on property located at 600 East Fifth Street; that a duly noticed public hearing was held on said application by the Planning Commission and that the Planning Commission denied said Conditional Use Permit 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. SECTION 2. After due.notice and public hearing the City Council finds: A. The subject property is located at 600 East Fifth Street, Azusa, and is zoned Rlc (single family residential). B. The subject property is presently used as a drive-in dairy and mini -market. The surrounding area is developed with Rlc/R3c uses. C. The area of the property is designated low density residential by the General Plan. D. The applicant wishes to add the "off -sale" of beer and wine at the store. Since the existing business is a non -conforming use, the Azusa Municipal Code requires a conditional use permit for the expansion of such use. E. Of major concern for this proposed use is the close proximity of a public high school to the north of said property. F. The public necessity, convenience, welfare and good zoning practice do not reuqire or justify the issuance of the Conditional Use Permit applied for herein. SECTION 3. Based upon the foregoing findings, Conditional Use Permit Case No. C290 is hereby denied. SECTION 4. An assessment of environmental impact report - negative declaration has been prepared and is attached hereto as 'Exhibit A'. SECTION 5. The City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 6th day of June, 1983. E 0 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: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: r Ji - /v /// - )g' CI 7 CLERK DECKER, HART, CRUZ, LATTA, MOSES NONE NONE - 2 - EXHIBIT A • • City of Azusa Assessment of Environmental Impact Initial Study A copy of the initial Study for Pubilc Works projects will be available to the public in the Azusa Public Works Department. A copy of the Initial Study for Planning Departnent projects will be !n 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 600 East fifth Street and zoned Rlc (single-family residential). The applicant requests a conditional use pernit to allow expansion of an exist ng non -conforming use for the purpose of "off -sale" beer and wine. Answer the following quest i_ by pl ting a check in the appropriate space: I. Could the project siyr:if;can[i} -_i.ange present uses of the project area? 2. Could the project significant],, c':iange present uses of la,,d cutside the project area? 3. Could the project deny the pe:,o:fu! enjoyment of adjoining prc:.ertics? b. Could the project affect the use of a recreational area or area of ic,00rtant aesthetic value? 5. Could the project affect the function- ing of an established community? 6. Could the project result in the placement of commcnity residents? 7. Will the project contribute over 50 school children to the area? S. Are any of the natural or nen-made features in the projact'erea unique, that is, not found in other parts of the city, county, state, or nation? Yes No X X X X X X X X 9. Could the pr! cC sicnifle_,nCtq affect an hiatorieal er sre aalogical site or Its setting? 10. Could the project significantly affect the potential L -se, extraction, or con- servatlon of a scarce ncturai resource? I1. Does the project area serve as a c=bltat, food source, nesting place, source of tsater, etc., for rare or endang_red wildlife or fish species? 12. Could the project sign)ficantly affect fish, wildlife, or plant life? (including migration) 13. Are there any r �..r cndane.-red clam species in the pr -,*eat area? 14. Will the project entail the removal of any mature trees? If so, h•• wary, what species, and S:>oeral size? 15. Could the project re=:lt in C, US;On, flooding or stittitlo.:..,7;':er Inside cr outside the property? " 16. Could the project serve to e -ourage development of ,-loped areas or intensify Eav ?.o; .: o` al- ready developed areas? 17. Will the project raise the el of vehlcuiar traffic in the area? 18. Will the project require a variance from esti-blished environmental stan- derds (air, noise, water, etc.)? 19. Could the project baeach any published national, state, or local standards relating to solid waste or litter control? • t z a 0 ' Yes Rb 20. Will the project require certification, auth:orizat!on or issuance of a permit by any local, state, or federal environ- no_ntal control agency? X: 21, is the project out of harmcny with City plans or policies? (General Plan, environmental ooa!s and policies) X 22. Will the project require issuance of a variance, conditional use permit or the X granting of a change of zone? T 23. Will the project involve the application, use, or disposal of hazardous materials? _ X 24. Will the project '.involve construct' -:,n of facilities in a '!cod plain? _ �X 25. Will the project involve construction of facilities in an s: -_a w; th natural slopes over 10%? X -- 26. Could any neo?c ir__;`_,.t. s (slicas, faults, etc.) -„ajsa-e4-w:''e cen.dit;nns . to result from this ;:roject? _ X 27. Could the construction -f/or tie completed project result in the .%-nerati.c.a of sig- nificant amounts of noise or dust? �X 28. Will the project involve the burning 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 _ • • yes 31, Pave alternate plans been consicered in light of their Impact on the environ- ment? If so, what aspects of the sub- mitted plan are the result of these con- s ider aticns7 Staterrent of No S! nificant 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: Sect ion _19.40.050 of the Azusa �a&_z__ond.J:Jional II P Permit for any expansion of a non -conforming use. Since the store has been established for many years to add an off -sale of beer and wine would not create any significatn environmental effects. Initial Study prepared by: _ Rubin Conclusions Place a check in the appropriate box ( } it has been determined that the project rill not have significant environmental effects for the following rcason(s): ( ) It has been determined that the project could have significant environmental effects. An Environmental Impact Statement will be submitted on proximate da By /art r tanning DDirector 90 By (Director of Pubic Works