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HomeMy WebLinkAboutResolution No. 77030 0 RESOLUTION NO. 7703 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE APPEAL OF WILLIAM HINKLEY AND APPROVING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED GENERALLY AT 2280 San Gabriel Canyon Road (C-347, HARRY GOODLIN/CANYON INN) 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-347 to Harry Goodlin/Canyon Inn to permit the expansion of a nonconforming restaurant and to operate a public dance floor pursuant to Sections 19.40.050 and 19.24.030 (56) of.the Azusa Municipal Code for the following described property (hereinafter "Subject Property"): "2280 San Gabriel Canyon Road and legally described as: Lot (EX OF STS) AND EX 50 FT STRIP OF LAND DESC IN.DDS 1336-295 COM AT NW COR OF NE -41 OF SEC 23 T 1N R 10W TS S 00 05' W 1077.77 FT TH N 890 55' 10" E OMITTED PORTION IN ASSESSORS MAP BOOK OF NE a OF 23 1N 10." B. A duly -noticed public hearing on the application for the Conditional Use Permit was held by the Planning Commission of the City of Azusa on February 6, 1985, and after considering all of the evidence submitted on the application, the Planning Commission by Resolution No. 2118 conditionally approved the Conditional Use Permit. C. On February 21, 1985, a timely appeal of the Planning Commission's action was filed by William Hinkley of Hinkley's E1 Encanto Restaurant. 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 March 18, 1985, April 1, 1985, and February 15, 1985, at which time the applicant, the appellant, and all others were given the opportunity to speak on the proposed action and all written and documentary evidence was received by the Council. E. In taking this action, the City Council considered the effects of the decision on the housing needs of the region in which the City is located and balanced those needs against the public service needs of the City residents and available fiscal and environmental resources. 0 SECTION 2. The City Council has considered all of the information presented to it at the public hearings and finds that the public necessity, convenience, welfare and good zoning practice justify the issuance of the Conditional Use Permit in that: A. The Subject Property is zoned C-2 (restricted commercial zone) and is developed with a restaurant and bar which are permitted uses within the C-2 zone, however, the property is nonconforming with respect to the existence of substandard parking facilities, several accessory structures built without permits and the operation of a public dance floor without a conditional use permit. The application wishes to construct modifications to the accessory structures on the property and . redesign a portion of the interior of the restaurant which constitutes an expansion and alteration of a nonconforming use which can only be accomplished by means of a conditional use permit pursuant to Section 19.40.050 of the Azusa Municipal Code. B. The improvements proposed will result in a more attractive appearance for the restaurant's exterior and interior. C. The improvements and compliance with the conditions of approval will substantially improve the appearance of the Subject Property, enhance its value and assist in alleviating the parking problems which previously existed at the subject property. D. The proposed improvements and conditions of approval will also result in the continued maintenance of the subject property. E. The location of a public dance floor at the Subject Property is appropriate for the area given the conditions of approval, and particularly the conditions of approval relating to parking, and should not be detrimental to the surrounding property uses. The surrounding property uses consist primarily of low-density residential, agricultural zones (R -A zone, Chapter 19.12 of the Azusa Municipal Code) which is intended as an area particularly suited for light industrial activities, and commercial uses, consisting primarily of a restaurant. F. The conditional use permit is consistent with the General Plan of the City of Azusa in all respects. The land use element of the General Plan designates the Subject Property as general commercial. SECTION 3. The appeal of Conditional Use Permit C-347 is hereby.denied and Conditional Use Permit C-347 is hereby approved subject to the following conditions: A. The permit hereby allowed is conditional upon the privileges being utilized within six (6) months after the effective date hereof, and if they are not utilized or construction work is not begun within said time and carried on diligently in -2- accordance with the conditions imposed by this Resolution, this authorization shall become void, and any privilege or permit granted hereby shall be deemed to have elapsed. B. Construction shall comply with the plot plan submitted. C. All necessary permits shall be obtained. D. Any and all applicable Building Department and Fire Department requirements shall be met before opening and at all times thereafter. E. Applicant shall conduct a survey to ascertain the location of the public right-of-way boundary. All parking areas, including driveways, aisles and parking spaces, shall be situated completely on subject property. F. At least 19 parking spaces shall be provided. G. All parking spaces are including paving, striping accordance with Chapter 19 Municipal Code, including paved on plans submitted, days. to be fully improved, and wheel stops, in .48 of the Azusa all areas indicated to be to be completed within 90 H. Two foot (2') interior landscaping shall be provided along perimeter of parking area. I. Two percent (2%) interior landscaping shall be provided within the interior of parking area. J. A planting list shall be submitted and approved by the Parks Division showing the location and size of all planting areas, irrigation plans, and types of plants to be used. K. Landscaping shall be adequately maintained at all times including, but not limited to, irrigation, weeding, and/or replacement when necessary. L. All outside storage areas shall be fully screened from public view by means of either a chain link fence with wood slats or a masonry block wall. M. The premises shall be maintained in a clean and acceptable condition at all times. All buildings and walls shall be maintained in good repair at all times. All offensive markings shall be removed immediately. N. All undeveloped area shall be maintained in a neat and orderly condition, including removal of weeds and excess vegetation and control of dirt and dust when necessary. O. A Precise Plan of Design approval shall be obtained for the construction of any new structures. -3- 0 P. An adequate and maintained shall be fully of decorative m height gates. in good and ope storage of any trash storage a walls around sa The location of approved by the trash enclosure shall be provided at all times. Such an enclosure screened from public view by means asonry walls served by solid full Said gates shall also be maintained rating condition at all times. The and all trash other than in the rea or higher than the screened id areas is absolutely prohibited. the trash storage area must be local trash contractor. Q. All loud noises emitted from the premises shall be contained within the subject property and meet all of the requirements of Chapter 8.58 of the Azusa Municipal Code. 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 the 6th day of Mav , 1985, by the following vote of the Council: AYES: COUNCIL MEMBERS: CRUZ, LATTA, MOSES NOES: COUNCIL MEMBERS: CAMARENA ABSENT: COUNCIL MEMBERS: COOK .M�J— - I F TY CLERK -4-