HomeMy WebLinkAboutResolution No. 82610
RESOLUTION NO. 8261
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA GRANTING A CONDITIONAL USE PERMIT FOR
PROPERTY LOCATED AT 321 NORTH AZUSA AVENUE,
BEN ARRIETTA, CONDITIONAL USE PERMIT CASE
NO. C-442
THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE
AS FOLLOWS:
SECTION I. The City Council of the City of Azusa does hereby
find, determine and declare that:
A. Ben Arrietta filed an application with the
Planning Commission for a Conditional Use Permit in
order to expand an existing restaurant and food
service business. The Conditional Use Permit is
required by Section 19.40.050 because the current
building on the property is a nonconforming use.
The building was originally constructed adjacent to
the northern and easterly property lines. As a
ten -foot landscaped setback is now required of all
development in the C-2 zone pursuant to Section
19.24.060 of the Azusa Municipal Code, the
restaurant is a nonconforming structure.
B. The subject property is located at 321 North
Azusa Avenue and is zoned C-2 (general commercial)
and is designated as "General Commercial" on the
General Plan of the City of Azusa.
C. The request for the Conditional Use Permit for
the subject property was duly initiated, Notice of
Public Hearings thereon were duly given and
published in accordance with applicable law.
D. Public hearings thereon were held by the
Planning Commission of the City of Azusa on
April 15, 1987, and by the City Council of the City
of Azusa on June 1, 1987.
E. On June 1, 1987, the Planning Commission of
the City of Azusa by Resolution No. 2446 approved
the applicant's request for a variance.
F. Thereafter, the applicant duly filed a Notice
of Appeal with the City Clerk within the time
specified by law, challenging the approval of
Condition 7 to the Conditional Use Permit.
G. The City Council has considered all of the
information presented to it at the public hearing
held on June 1, 1987.
H. 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
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service needs of the City's residents and available
fiscal and environmental resources.
I. The Council specifically finds that the public
necessity, convenience, welfare and good zoning
practice justify the issuance of the Conditional
Use Permit because the proposed addition to the
restaurant and food service building will add to
the utility of the restaurant without substantially
altering the intensity of the property.
J. The Council further finds that the approval of
this Conditional Use Permit will not adversely
affect the surrounding property owners because of
the conditions of approval. The proposed require-
ment for a block wall is not necessary to provide
protection for the adjoining property owner because
the condition requiring a six-inch planter along
the property line with posts imbedded in concrete
will be adequate to substantially reduce the risk
of cars leaving the subject property and entering
the adjacent property.
SECTION 2. After careful consideration of the
matters presented to the City Council at the public hearing
and in the staff report, the City Council hereby grants the
applicant's request for a Conditional Use Permit based upon
the above findings and subject to the following conditions
of approval:
A. Construction 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. Applicant shall apply for and obtain an
approved Precise Plan of Design and an approved
Design Review.
E. All equipment, supplies or other materials
shall be stored within a fully enclosed structure
only. No outdoor storage shall be permitted.
F. A three-foot (3') landscaping planter shall be
provided and maintained along the southerly
property line. The planter shall have a six-inch
curb adjacent to the parking lot which shall have a
curb face perpendicular to the parking lot and
shall be built in accordance with City specifi-
cations. Additionally, the planter shall have
posts imbedded in concrete at intervals determined
by the Director of Community Development to be
sufficient to prevent cars from leaving the parking
area and entering the adjacent property.
G. A landscaping plan
Public Works Division as
of Design application.
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shall be submitted to the
part of the Precise Plan
SECTION 3. The City Council finds and determines
that this project is categorically exempt from the require-
ments of the California Environmental Quality Act as a
Class 1(e) categorical exemption.
SECTION 4. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day
of June , 1987.
r
J
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 15th day
of June 1987, by the following vote of the
Council:
AYES: COUNCILMEMBERS COOK, CRUZ, LATTA, MOSES
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS AVILA
CITY CLERC
pmt/RES7835
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