HomeMy WebLinkAboutResolution No. 8227RESOLUTION NO. 8227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA DENYING A CONDITIONAL USE PERMIT TO
JOSE E. RODRIGUEZ FOR PROPERTY LOCATED AT
1049 WEST THIRD STREET, AZUSA, CALIFORNIA
(CONDITIONAL USE PERMIT CASE C-439)
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
Jose E. Rodriguez requesting a conditional use
permit to allow a second unit on property within
the R -lc zone under Section 19.40.090 and to permit
an expansion of a nonconforming residence under
Section 19.40.050 of the Azusa Municipal Code.
B. The subject property is located at 1049 West
Third Street, Azusa, California.
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
February 18, 1987, and by the City Council of the
City of Azusa on March 31, 1987, and April 20,
1987.
E. On February 18, 1987, the Planning Commission
by Resolution No. 2436 voted to deny the
Conditional Use Permit for the subject property.
F. Thereafter, the applicant duly 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 March 31, 1987.
SECTION 2. The City Council of the City of Azusa,
after careful consideration of the evidence presented to it,
does hereby deny said Conditional Use Permit No. C-439 to
allow expansion of a nonconforming residence and to allow a
second dwelling unit on property in an R -lc zone, based upon
the following findings:
A. Approval of the Conditional Use Permit is not
justified by the public necessity, convenience,
welfare and good zoning practice in that:
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(1) The illegal construction of the second
dwelling unit has resulted in the crowding of
two residences onto a relatively small parcel
in the midst of a predominantly single-family
residential neighborhood, which is detrimental
to the public welfare.
(2) The reduction in setback area creates a
potentially hazardous fire situation which
could be harmful to surrounding properties,
and is therefore contrary to good zoning
practice.
(3) The lack of required off-street parking
exacerbates an existing problem of vehicle
parking on city streets, and therefore reduces
the public convenience.
(4) The property owner was aware, in the
latter stages of construction, that the
continuation of work on the second dwelling
unit was being performed illegally; the public
necessity, therefore, would not be served by
approval of this project after construction
has been nearly completed.
B. The granting of the Conditional Use Permit for
the subject property will be materially detrimental
to the public welfare or injurious to the property
or improvements in the zone or neighborhood in
which the property is located as described in
subparagraph A above.
C. The granting of the Conditional Use Permit for
the subject property is not consistent with the
General Plan of the City of Azusa for the reasons
set forth in subparagraph A.
D. 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.
SECTION 3. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day
of May , 1987.
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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
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of Mav 1987, by the following vote of the
Council:
AYES: COUNCILMEMBERS AVILA, COOK, LATTA,
NOES: COUNCILMEMBERS CRUZ, MOSES
ABSENT: COUNCILLMMEMBERS NONE
CITY •CLERK' '
RES8390