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HomeMy WebLinkAboutResolution No. 81420 RESOLUTION 8142 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING VARIANCE NO. V-922 TO LOS ANGELES COUNTY COMMUNITY DEVELOPMENT COMMISSION FOR PROPERTY LOCATED AT 600 EAST EIGHTH STREET 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. Los Angeles County Community Development Commisssion filed an application with the Planning Commission requesting a variance to allow a reduced rear yard setback of zero feet (Azusa Municipal Code Section 19.44.020(a)), a reduced side yard setback of zero feet (Azusa Municipal Code Section 19.44.020(b)), one three story building (Azusa Municipal Code Section 19.16.030), Twenty-four one bedroom units of 576 square feet each (Azusa Municipal Code Section 19.16.020(2)), and to construct carports in place of garages (Azusa Municipal Code Section 19.48.030) in order to construct a 112 unit apartment complex. B. The subject property is located at 600 East Eighth Street, Azusa, California, and is zone R3c (Multi -Family Residential) and is designated as High Density Residential by the General Plan. The request for the variance for the subject property was duly initiated, notice of public hearings thereon were duly given and published in accordance with applicable law. C. Public hearings thereon were duly held by the Planning Commission of the City of Azusa on October 8, 1986 and October 14, 1986, and by the City Council on November 3, 1986. D. On October 14, 1986, the Planning Commission of the City of Azusa by Resolution No. 2400 voted to approve the applicant's request for a variance with respect to the rear setback of zero feet, the side setback of zero feet, the 2 three-story buildings, and to allow 24 one bedroom apartments of 576 square feet each and to allow carports to substitute for garages along the rear of the property and the northern most 25% of each side of the property. E. Thereafter, the applicant duly filed a notice of appeal with the City Clerk within the time specified by law. F. The Citv council has considered all of the information presented to it at the public hearing held on November 3, 1986. MAS/RES3821 • . G. In taking this action the City Council has 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. SECTION 2. The City Council of the City of Azusa further finds and determines as follows: A. The strict application of the provisions of the zoning title would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the title in that the project will have considerable low and moderate income units and the topography and configuration of the parcel are such as to make it almost impossible to develop without the requested variances. Also, the proximity of the parcel to the railroad right-of-way and the special access requirements require the variance. B. There are exceptional circumstances or conditions applicable to the property involved or to the intended use or development of the property that do not apply generally to other property in the same zone or neighborhood in that the project will have considerable low and moderate income units and the topography and configuration of the parcel are such as to make it almost impossible to develop without the requested variances. Also, the proximity of the parcel to the railroad right-of- way and the special access requirements require the variance. C. The granting of such variance 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 was located. The conditions of approval mitigate any potential impacts on the surrounding areas. D. The granting of such variance will not be contrary to the objectives of any part of the General Plan or any master plan adopted by the City. SECTION 3. As a result of the review described above, the City Council of the City of Azusa hereby grants the applicant's request for a variance Case No. V-922, to allow a reduced rear yard setback of zero (0) feet, a reduced side yard setback of zero (0) feet, one three story building, twenty four one bedroom units of 576 square feet each, and limited carports in place of garages for the proposed 112 -unit apartment complex, subject to the following conditions: A. Construction shall comply with the plot plans submitted. B. All necessary permits shall be obtained. -2- rMAS/RES3821 • • C. Any and all applicable building department and fire department requirements shall be met at all times. D. Applicant shall apply for and obtain an approved design review and precise plan of design. E. Applicant shall enter into a covenant with the Azusa Redevelopment Agency that will prohibit the renting of the units to more than one family at any time. Family shall be defined as head of household, spouse and immediate children. F. Security measures shall be made to the rear of the project subject to the approval of the Azusa Police Department. G. Top of wall for sound attenuation along northern property line shall be no less than two and one half feet above the height of the top of the railroad tracks subject to approval of the City Engineer. H. Double -paned windows will be required for all windows on all rear units. I. Seventy-five percent (75%) of the parking space on the easterly and westerly boundaries of the subject property, beginning at the southerly boundary, must be fully enclosed garages, and the remaining parking spaces may be carpots. All of the parking spaces on the northerly side of the subject property may be carports. SECTION 4. The permit hereby allowed is conditional upon the privileges being utilized within six (6) months after the effective date thereof and if it is not utilized or construction work has not yet begun within the said time and carried on diligently in accordance with the conditions imposed by the City Council, this authorization shall be void, and any privilege, permit or variance granted hereon shall be deemed to have elapsed. SECTION 5. The City Clerk shall certify the adoption of this Resolution and transmit a copy thereof to the applicant. PASSED, APPROVED AND ADOPTED this 17th day of November, 1986. ATTEST: CITY CLER I HEREBY CERTIFY that the foregoing Resolution was duly adoped by the City Council of City of Azusa, at a -3- MAS/RES3821 regular meeting thereof, held on the 17th day of November, 1986, by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, CRUZ, MOSES NOES: COUNCILMEMBERS: COOK, LATTA ABSENT: COUNCILMEMBERS: NONE CITY LERK -4-