HomeMy WebLinkAboutResolution No. 77079
RESOLUTION NO.7707
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA DENYING THE APPLICATION FOR CONDI-
TIONAL USE PERMIT NO. C-353 FOR A DANCE HALL,
APPLICANT NATHAN S. KREMS, 629 EAST FOOTHILL
BOULEVARD, CITY OF AZUSA
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa
does hereby find, determine and declare that:
A. Proceedings pursuant to the provisions of
Chapter 19.60 of the Azusa Municipal Code were
duly initiated for the granting of a Conditional
Use Permit, No. C-353, to Nathan S. Krems to
permit a dance hall for a teenage night club
at the premises located at 629 East Foothill
Boulevard in the City of Azusa (hereinafter
"Subject Property");
B. A duly -noticed public hearing on the appli-
cation for the conditional use permit was held
by the Planning Commission of the City of Azusa
on March 6, 1985, and after considering all of
the evidence submitted on the application, the
Planning Commission by Resolution No. 2133
conditionally approved the Conditional Use
Permit;
C. On March 18, 1985, a timely appeal of the
Planning Commission's action was taken by the
City Council pursuant to the provisions of
Section 19.60.130 of the Azusa Municipal Code
upon a finding that further consideration of
the application would be in the best interests
of the City;
D. Thereafter, the City Council of the City of
Azusa held duly -noticed public hearings on the
appeal and the application for the conditional
use permit on April 15, 1985 and May 6, 1985,
at which time the applicant and all others were
given the opportunity to speak on the proposed
action and all written and documentary evidence
was received by the Council. The applicant's
representative appeared at the meeting of April 15,
1985 to present evidence on the proposed applica-
tion, but, notwithstanding due notice of the
continuation of said hearing, did not appear at
the May 6, 1985 hearing.
E. On May 6, 1985 the City Council of the City
of Azusa duly enacted Ordinance No. 2268 entitled
"An Urgency Ordinance of the City Council of the
City of Azusa Imposing a Moratorium Prohibiting
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Issuance of Land -Use Entitlements for Certain
Defined Permanent Dance Halls Permitting Patrons
Under the Age of Eighteen in All Zones of the
City." Section 2 of said ordinance prohibits
the granting of land -use entitlement permits
(including building permits), approvals, zone
clearances, or other land -use authorizations
by the City, or its officers, agents or employees,
relating to public dance halls allowing patrons
under the age of 18 years which prohibit the
service of alcoholic beverages, except in connec-
tion with teen-age dances otherwise permitted
by the provisions of Chapter 8.12 of the Azusa
Municipal Code.
SECTION 2. The City Council has considered all of
the information presented to it at the public hearing and finds
that the public necessity, convenience and welfare and good
zoning practice do not justify the issuance of the conditional
use permit in that in light of the enactment of Ordinance No. 2268
the use for which the conditional use permit is sought is no
longer a permitted use under the Azusa Municipal Code pending
the expiration of the zoning moratorium imposed by said ordinance.
SECTION 3. The appeal of Conditional Use Permit
No. C-353 is hereby granted and the application for Conditional
Use Permit No. C-353 is hereby denied without prejudice. The
applicant may reapply for a conditional use permit for a teen
public dance hall upon the expiration of the moratorium on such
uses and pursuant to whatever zoning regulations are in force
with respect to such uses at that time.
SECTION 4. The City Clerk shall certify the adoption
of this resolution.
PASSED, APPROVED AND ADOPTED this 6th day of May
1985.
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 the6th day of May
1985, by the following vote of the Council:
AYES: COUNCIL MEMBERS: CRUZ, CAMARENA, LATTA, MOSES
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS:
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