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HomeMy WebLinkAboutResolution No. 8228RESOLUTION NO. 8228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA GRANTING A CONDITIONAL USE PERMIT TO KITTY KELLY/FERRARIS TRUCKING FOR PROPERTY LOCATED AT 1850 FISH CANYON ROAD (CONDITIONAL USE PERMIT CASE NO. C-440) THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Azusa does hereby find, determine and declare that: A. There has been filed with the Planning Commission of the City of Azusa the application of Kitty Kelly/Ferraris Trucking requesting a conditional use permit to allow use of an unimproved parcel for the parking of trucks and equipment and to utilize a trailer for office purposes pursuant to Sections 19.36.030 and 15.36.020 of the Azusa Municipal Code. B. The subject property is generally described as: 1850 FISH CANYON ROAD AND LEGALLY DESCRIBED AS SUBDIVISION OF THE RANCHO AZUSA DE DUARTE LOT EXT OF ST COM S 101 15' 15" W 434.58 FT FROM MOST N COR OF LOT 5 IN SECTION 21 + TOWNSHIP NORTH RANGE 10 WEST THE S 10 15' 15" W 782.97 FT OMITTED PORTION IN ASSESSORS' MAP BOOK BEG PART OF 21 IN 10 AND AS SHOWN ON A MAP ON FILE WITH THE PLANNING COMMISSION. C. The application for the conditional use permit was duly initiated, and notice of public hearings thereon were duly given and published in accordance with applicable law. D. Public hearings thereon were duly held by the Planning Commission of the City of Azusa on March 4, 1987 and by the City Council of the City of Azusa on April 20, 1987. E. On March 4, 1987 the Planning Commission of the City of Azusa by Resolution No. 2438 approved the conditional use permit for the subject property. F. Thereafter, the City of Duarte filed a notice of appeal with the City Clerk within the time required by law for such appeal. G. The City Council has considered all of the information presented to it at the public hearing held on April 20, 1987. SECTION 2. The City Council of the City of Azusa, after careful consideration of the evidence presented to it, does hereby approve said Conditional Use Permit No. 440 to allow the parking of trucks and heavy equipment on the -1- pmt/RES3280 subject property and to permit the utilization of a trailer for office purposes pursuant to Section 19.36.030 and 15.36.020 of the Azusa Municipal Code based upon the following findings: A. The Pu welfare and good issuance of -this subject property past, is appropr other uses would blic necessity, convenience, zoning practice justify the conditional use permit in that the has been used for this use in the iately zoned for such use, and few be appropriate for this site. B. A granting of the conditional use permit for the subject property will not be materially detrimental to the public welfare or injurious to the property or improvements in the area in which the subject property is located in that the conditions of approval will eliminate any potential effects of the conditional use permit, and any potential noise impacts from trucks utilizing the site would be minimal when compared with other truck traffic in the area and can be mitigated by enforcement of state and local noise regulations. C. The granting of the conditional use permit for the subject property is consistent with the General Plan of the City of Azusa and each of its elements. SECTION 3. The approval of this variance for the subject property is subject to the applicant's compliance with the following conditions of approval: A. Instruction shall comply with the plot plan submitted. 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. A six-foot (6 -foot) Western fence (chainlink fence with pre-installed redwood slats) shall be erected and maintained along the street front that is utilized for truck or equipment storage within six months of the date this Resolution is approved. E. The storage of inoperative vehicles or equipment on the property is prohibited. F. Storage of any and all materials, junk or debris on the subject property is prohibited. G. All structures shall be temporary in nature with no permanent foundations. H. This conditional use permit shall expire two years from the date of approval of this Resolution. -2- pmt/RES3280 0 SECTION 4. The conditional use permit hereby allowed is conditional upon the privileges being utilized within six months after the date of approval of this resolution and if they are not utilized or construction work is not begun within said time and carried on diligently in accordance with conditions imposed by the Council, this authorization shall become void, and any privilege, permit or variance granted hereby shall be deemed to have lapsed. SECTION 5. The City Council hereby finds, determines and declares that this project is categorically exempt from the requirements of a Negative Declaration or Environmental Impact Report as a Class 3(a) categorical exemption under the California Environmental Quality Act and the state CEQA guidelines. SECTION 6. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 4th day of May , 1987. 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 4th day of May 1987, by the following vote of the Council: AYES: COUNCILMEMBERS AVILA, COOK, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS NONE � ,�''� //CITY CLERK -3- pmt/RES3280