HomeMy WebLinkAboutResolution No. 8387RESOLUTION NO. 8387
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA GRANTING A VARIANCE, CONDITIONAL USE
PERMIT AND PRECISE PLAN OF DESIGN TO FRANCES
MARTINEZ AND MANUEL CASTENEDA FOR PROPERTY
LOCATED AT 934 NORTH SAN GABRIEL AVENUE
(VARIANCE CASE NO. V-952, CONDITIONAL USE
PERMIT CASE NO. C-461, AND PRECISE PLAN OF
DESIGN NO. P-2576)
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
Frances Martinez and Manuel Casteneda requesting a
Conditional Use Permit and Precise Plan of Design
to permit a second residence on an Rlc parcel after
the amortization period has expired and for a
variance to permit the property to exist with the
following deviations of development standards
applicable for the establishment of two single-
family residences on the parcel:
(1) To permit the subject dwellings to
contain 904 and 432 square feet respectively
as opposed to the minimum floor area of 1,000
square feet required for the front dwelling
(Section 19.08.020 (1) (c] of the Azusa
Municipal Code) and 850 square feet for the
rear dwelling (Section 19.08.130 [b]);
(2) One garage space to be provided on the
property where three garage spaces are
required for two dwellings with a total of
three bedrooms (Section 19.48.030 [2] of the
Azusa Municipal Code);
(3) A side -yard setback of four feet for the
rear dwelling where a five-foot side -yard
setback is required for a dwelling unit
(Section 19.08.050 (2] of the Azusa Municipal
Code);
(4) A nine -foot rear -yard setback where a 25 -
foot rear -yard setback is required (Section
19.08.050 (3) of the Azusa Municipal Code);
(5) A separation of eight feet between the
rear dwelling unit and the garage, whereas a
distance of 10 feet is required between a
residence and an accessory building (Section
0
19.08.070 (a) of the Azusa Municipal Code);
and
(6) A lot area of 7,000 square feet where a
minimum lot size of 12,000 square feet is
required to maintain a second dwelling unit on
an Rlc parcel (Section 19.40.090 [1) of the
Azusa Municipal Code).
B. The subject property is generally described as
924 North San Gabriel Avenue and legally described
as Lot 16 of Block 12, Map of Azusa;
C. The application for the Variance, Conditional
Use Permit and Precise Plan 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
January 9, 1988, and by the City Council of the
City of Azusa on February 16, 1988;
E. On January 9, 1988, the Planning Commission of
the City of Azusa by Resolutions No. 2517, 2518,
and 2519, respectively, voted to deny the Variance,
Conditional Use Permit and Precise Plan 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 carefully considered all
of the information presented to it at the public
hearing held on April 15, 1986;
H. The project is categorically exempt from the
requirements of the California Environmental
Quality Act as a Class 3(a) exemption as set forth
in the State CEQA Guidelines.
SECTION 2. The City Council of the City of Azusa,
after careful consideration of the evidence presented to it,
does hereby approve said Variance No. V-952 based upon the
following findings:
A. Strict application of the provisions of the
Zoning Title of the Azusa Municipal Code will
result in practical difficulties or unnecessary
hardships for the subject property inconsistent
with the general purposes and intent of this title
in that the subject buildings have been on the site
for many years and predated the City's Zoning
Codes;
B. There are exceptional circumstances or
conditions applicable to the subject property and
to the intended use or development of the subject
property that do not apply generally to other
property in the same zone in that the property has
been in its present configuration since 1928 and
predates the City's zoning codes;
-2-
pmt/RES9445
0 0
C. The granting of the variance for the subject
property 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 is located in that the conditions for
approval will eliminate any potential effects of
the variance upon the surrounding area and, addi-
tionally, the property has been operating in its
present configuration since 1928 that the neigh-
borhood and surrounding properties will not be
changed by the granting of this variance;
D. The granting of this variance for the subject
property is consistent with the General Plan of the
City of Azusa and each of its elements and there
are no master plans applicable to the subject
property;
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.
SECTION 3. The Conditional Use Permit No. C-461
and Precise Plan of Design No. P-2576 are also approved
based upon the findings set forth for the Variance in
Section 2 of this resolution and the fact that the health,
safety and welfare and good zoning practices justify the
issuance of said permits.
SECTION 4. The approval of the Variance,
Conditional Use Permit and Precise Plan of Design for the
subject property is subject to the applicant's compliance
with the following conditions of approval:
A. Security grills shall be removed from the
bedroom exit windows or a permit shall be obtained
to comply with Section 1204 of the Building Code;
B. Battery-operated smoke detectors shall be
installed in both dwelling units;
C. All illegal and/or exposed electrical wiring
shall be removed or corrected by obtaining an
electrical permit;
D. The existing one -car garage shall be
maintained as a garage for parking purposes and
shall not be converted to residential or other use;
and
E. The premises, buildings and walls shall be
maintained in a clean and neat condition at all
times and any offensive graffiti or other markings
shall be removed immediately.
SECTION 5. The City Clerk shall certify the
adoption of this Resolution.
-3-
pmt/RES9445
0 0
PASSED, APPROVED AND ADOPTED this 7th day
of March , 1988.
,✓' i
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 7th day
of March , 1988, by the following vote of the
Council:
AYES: COUNCILMEMBERS AVILA, COOK, CRUZ, LATTA, MOSES
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS
-4-
pmt/RES9445