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HomeMy WebLinkAboutResolution No. 84590 0 RESOLUTION NO. 8459 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING PRECISE PLAN OF DESIGN NO. P-88-74 AND VARIANCE NO. V-88-10 FOR PROPERTY LOCATED AT 425 EAST FOOTHILL BOULEVARD (JAMES DEROSA/SIMA ZIVIC) 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. An application was duly filed by James DeRosa/Sima Zivic ("Applicants") for the development of a commercial building on property located at 425 East Foothill Boulevard ("Subject Property"). B. An application was duly filed by Applicants for a variance on the Subject Property which would permit a reduced two -foot landscape setback on both sides of the parking lot instead of the required ten -foot landscape setback, a zero - foot setback adjacent to the neighboring commercial building instead of the required ten -foot setback, and a five-foot landscape setback to the rear of the property instead of the required fifteen -foot landscape setback from the rear property line. C. A duly noticed public hearing on the application for the precise plan of design and variance was held by the Planning Commission of the City of Azusa on May 18, 1988, and after considering all of the evidence submitted at the hearing, the Planning Commission denied the precise plan of design by its Resolution No. 2566 and denied the variance by its Resolution No. 2565. D. A timely appeal of the Planning Commission's action was filed by the applicant. E. On June 20, 1988 the City Council of the City of Azusa held a duly -noticed public hearing on the appeal of Precise Plan of Design No. 88-74 and Variance No. V-88-10, at which time the planning staff, the applicant and others were given the opportunity to speak on the proposed action that all written and documentary evidence was received by the City Council. F. 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. PMT/RES6301 • • SECTION 2. Having considered all of,the oral and written evidence presented to it at the public hearing, the City Council specifically finds that in accordance with Section 19.56050 of the Azusa Municipal Code, the project would not substantially depreciate property values in the vicinity and would not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof and would not adversely affect the public peace, health, safety or general welfare to a degree greater than that generally permitted by the Municipal Code, provided that the conditions of approval set forth in this resolution are adhered to. A. Having considered all of the oral and written evidence presented to it at the public hearing with respect to the variance, the City Council specifically finds that subparagraph A with respect to the request for variance on the rear yard setback, there are no facts which would show that compliance with the setback requirement would result in practical difficulties or unnecessary hardships for the subject property inconsistent with the general purposes and intent of the zoning title or that there are any exceptional circumstances or conditions applicable to the subject property and to the intended use for development that do not apply generally to other property in the same zone. While the width of the lot is narrow in comparison with other commercial properties in the area, there is a sufficient depth to the property to permit the required setback. Moreover, the required setback will enable the commercial project to be compatible with the surrounding residential properties to the rear and avoid the high density closed in problems that result from commercial properties closely abutting residential properties. B. With respect to the variance request other than the rear yard setback, 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 site is very narrow in comparison to other commercial properties within the area. C. There are exceptional circumstances or conditions applicable to the Subject Property and to the intended use for development of the Subject Property that do not apply generally to other property in the same zone in that, with respect to the terms of the variance other than the rear yard setback, the subject parcel is narrow in comparison to other properties within the area. D. The granting of the variance for the Subject Property, other than for the rear yard setback, 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 of approval will eliminate any potential effects of the variance upon the surrounding area. -2- PMT/RES6301 • E. The granting of the Subject Property is consistent Plan of the City of Azusa and and there are no master plans Subject Property. • variance for the with the General each of its elements applicable to the F. 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 Council does hereby approve the Precise Plan of Design No. P-88-74 subject to the conditions of approval set forth in this Resolution and the terms of the variance approved by this Resolution. The City Council hereby further approves the Variance No. V-88-10 for a reduced two -foot landscape setback on both sides of the parking lot, and a zero -foot setback adjacent to the neigh- boring commercial building, but the request for a five-foot landscape setback to the rear is specifically denied. The approval of the Precise Plan of Design and Variance as described herein are specifically conditioned upon the developer complying with the conditions of approval attached hereto as Exhibit "A." SECTION 4. The City Council finds, determines and declares that this project is categorically exempt from the requirements of the California Environmental Quality Act as a Class 3(c) exemption. SECTION 5. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 5th day of July , 1988. fi ' MAYOR 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 5th day of Julv , 1988, by the following vote of the Council: AYES: COUNCIL MEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCIL MEMBERS: NONE, ABSENT: COUNCIL MEMBERS: NONE 0: l -,ea CITY C ERI -3- 0 0 EXHIBIT 'A' PRECISE PLAN OF DESIGN NO. P-88-74 AND VARIANCE CASE NO. V-88-10 1. All requirements of the Engineering Division shall be met, including but not limited to the following: a. Reconstruct driveway apron(s) on Foothill Blvd. b. Remove driveway apron(s) at Foothill Blvd. and reconstruct curb, gutter and sidewalk. C. Connect to a public sewer w/a four(4) inch V.C.P. house connection. d. Pay $3.00/front foot sewer connection fee, plus any other required sewer fees. e. A City Construction Permit shall be obtained for all work undertaken in the public right-of-way. All work shall be done in accordance with City of Azusa Standards and Standard Specifications for Public Works Construction (Green Book), latest edition and to the satisfaction of the City Engineer or his designee and shall be completed before issuance of Certificate of Occupancy. 2. All requirements of the Planning Division shall be met, including but not limited to the following: a. The approval hereby granted is conditional upon the privileges being utilized within six (6) months after the effective date thereof and, if they are not utilized or construction work is not begun within said time and carried on diligently in accordance with conditions imposed, this approval shall become void and any permission or privilege granted hereby shall be deemed to have elapsed. b. All uses shall comply with Section 19.24 of the Azusa Municipal Code. c. Twelve(12) parking spaces shall be provided and maintained in accordance with Chapter 19.48 of the Azusa Municipal Code. d. Parking shall be striped and shall have adequate guards for protection of other vehicles on same lot (i.e. wheel stops) . e. Two (2) perimeter landscaping shall be provided along perimeter of parking area, except for areas adjacent to buildings. f. Two percent (2%) interior landscaping shall be provided within the interior of parking area. g. Landscaping shall be adequately maintained at all times including, but not limited to, irrigation, weeding, and/or replacement when necessary. h. Trash enclosures shall be provided and constructed to City of Azusa standards, consisting of decorative masonry block walls and solid steel gates. i. A decorative masonry wall shall be provided and maintained along the entire property line abutting any residential use. j. The premises shall be maintained in a clean and acceptable condition at all times. All buildings and walls shall be maintained in good repair at all times. Any offensive markings shall be removed immediately. k. All signs must comply with those sign regulations set forth in Section 19.50 of the Azusa Municipal Code to include restrictuions on sign area, sign types, sign materials, and sign height. prohibited. 1. Temporary or portable signs on the property shall meet all requirements of Section 19.50.150 of the Azusa Municipal Code. M. All necessary permits shall be obtained. n. All construction shall comply with the plot plan submitted. P-88-74 AND V-88-10 - CONTINUED PAGE 2 3. That all conditions of the Public Works Division shall be met, including but not limited to the following: a. A landscaping and irrigation plan shall be submitted at the same time as Building plan check submittal, showing locations, quantities, sizes, and types of plant materials, as well as design of an automated irrigation system. Plans shall be 24" by 36". b. No work within the public right of way shall be commenced without first obtaining a public works permit. c. Parkway trees are required, located no closer than 30 ft. nor greater than 65 ft. apart and shall be irrigated per City Plan R-15. Variety to be specified by Superintendent and shall be at least 15 gallon size. d. A maintenance agreement shall be executed between the city and the property owner, binding the property owner to maintain the landscaping improvements within the public right of way. This agreement shall be recorded. 4. All requirements of the Building Division shall be met, including but not limited to the following: a. All appropriate development fees of the Azusa Unified School District shall be paid in full prior to issuance of any building permit for the approved construction. b. Applicant shall furnish six (6) complete sets of plans for plan check submittal (structural, mechanical, electrical, plumbing, grading, landscaping). C. Two (2) copies energy calculations signed in ink by a registered civil or structural engineer shall be furnished. d. Applicant recognizes that approval granted is for planning and zoning only. Owner is obligated to meet all Building Code requirements, and is obligated to do whatever necessary to bring the structure in compliance with applicable City -adopted Uniform codes. e. Applicant shall submit CF -1A forms with plans. 5. That all conditions of the Light Department shall be met, including but not limited to the following: a. Electrical Service will be limited to 120/240 - 400 amp maximum. See Light Department for details. 6. That all conditions of the Fire Department shall be met, including but not limited to the following: a. Fire Flow shall be 1500 gallons per minute at 20 p.s.i. residual pressure (U.F.C.-10.301). Upgrading of existing, or installation of new water systems may be required to meet this requirement. b. Provide all information requested on the "Plan Check Information Sheet." (attached) C. Complete "Owners Statement of Intended Use." d. All requirements indicated on Fire Department plan check sheets will be required prior to occupancy. e. Fire inspection required prior to occupancy.