HomeMy WebLinkAboutResolution No. 91-C0571J
RESOLUTION NO. 91-rs7
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA APPROVING CONDITIONAL USE
PERMIT NO. C-90-23 AND PRECISE PLAN OF
DESIGN NO. P-90-263 FOR 792 EAST ALOSTA
AVENUE
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. Application for Conditional Use Permit No.
C-90-23 and Precise Plan of Design No. P-90-263 has
been made by Melad Girgis and SFL Partners III,
Inc. ("Applicants") to operate a mini market at 792
East Alosta Avenue in the City of Azusa ("Subject
Property").
B. The proposed mini market is considered a
drive-in business as defined in Section 19.04.180
of the Azusa Municipal Code and the Subject
Property is located in the C3, Restricted
Commercial Zone. According to Section 19.24.040(6)
and 19.26.020(1) of the Azusa Municipal Code, a
conditional use permit is required.
C. The application was considered by a duly
noticed public hearing held by the Planning
Commission on January 30, 1991. The Planning
Commission approved both Conditional Use Permit No.
C-90-23 and Precise Plan of Design No. P-90-263 by
adopting Resolution Nos. 91-10 and 91-11.
D. On March 18, 1991, the Council scheduled a
duly noticed public hearing which was continued to
April 15, 1991 and May 6, 1991.
E. The Council has carefully considered the
Planning Commission's determination, the staff
reports submitted in connection with this appeal
and application, and the written and oral public
comments received at said public hearings.
F. The establishment of a mini market would add a
use which is often associated with similar small
retail commercial centers. This business would
serve the surrounding residential neighborhoods and
should not create any impact which would affect
nearby properties. The creation of a business
which is compatible with its surrounding
residential and commercial uses is consistent with
good zoning practice.
G. Initially, the Applicants considered the sale
of alcoholic beverages at the Subject Property in
addition to the operation of a mini market. The
Council was advised that the Applicants were in the
process of applying with the State Department of
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Alcoholic Beverage Control for an offsite license
for the sale of beer and wine ("liquor license").
However, pursuant to a letter from Applicants dated
May 8, 1991, Applicants do not intend to pursue a
liquor license and do not intend to operate the
mini market with alcohol sales. Any sale of
alcoholic beverages shall only be considered by
application to amend the conditional use permit
granted herein.
H. The location of the proposed mini market is
consistent with the General Plan of the City of
Azusa and the purpose and intent of Title 19,
Zoning, of the Azusa Municipal Code. The proposed
mini market will not adversely affect the public
peace, health, safety or general welfare of persons
residing or working in the neighborhood surrounding
the Site.
I. The Conditional Use Permit and Precise Plan of
Design approved by this Resolution are consistent
with and in conformance with the General Plan of
the City of Azusa and each of the elements thereof.
J. In taking this action, the Council has
considered the effects of its decision on the
housing needs of the region in which Azusa is
located and balanced those needs against the public
service needs of Azusa residents and available
fiscal and environmental resources.
SECTION 3. An Initial Study of Environmental
Impact and a Negative Declaration have been prepared in
accordance with the provisions of the California
Environmental Quality Act, California Environmental Quality
Act Guidelines and the City of Azusa's Municipal Code.
Resolution No. certifying the negative declaration
for Conditional Use Permit No. C-90-23 and Precise Plan of
Design No. P-90-263, is hereby incorporated by reference.
SECTION 3. Based on the findings set forth in
Section 1 of this Resolution, the City Council of the City
of Azusa hereby approves Conditional Use Permit No. C-90-23
and Precise Plan of Design No. P-90-263, subject to the
conditions as specified on Exhibit A, attached hereto and
incorporated herein by this reference.
SECTION A. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 3rd day of
7uae , 1991.
ATTEST:
ITY CLERJk
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pca/RES056179
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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 '3rd day of
June , 1991, by the following vote of the
Council:
AYES: COUNCILMEMBERS-�DANGLSIS, NARANJO, ALEXANDER, MOSES
NOES: COUNCILMEMBERS NONE'
ABSENT: COUNCILMEMBERS STEMRICH
ABSTAIN: COUNCILMEMBERS NONE
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pca/RES056179
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EXHIBIT "A"
CONDITIONS FOR APPROVAL
OF
CONDITIONAL USE PERMIT C-90-23
AND
PRECISE PLAN OF DESIGN P-90-263
1. There shall be no sale of any alcoholic beverage on the
subject property; however, nothing herein affects the
right of Applicant to apply to the City of Azusa for an
amendment to conditional use permit C-90-23.
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 necessary permits shall be obtained.
C. All applicable Building Department and Fire
Department requirements shall be met at all times.
d. All construction and uses shall be in conformance
with the plot plan submitted.
e. Twenty-seven (27) parking spaces shall be provided
and maintained in accordance with Chapter 19.48 of
the Azusa Municipal Code.
f. Landscaping shall be adequately maintained at all
times including, but not limited to, irrigation,
weeding, and/or replacement when necessary.
g. 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 graffiti offensive markings shall be
removed immediately.
h. Trash enclosures shall be provided and constructed
to City of Azusa standards, consisting of
decorative masonry block walls and solid steel
gates.
i. Applicant shall provide and maintain a litter
receptacle outside of the business and be
responsible for keeping the receptacle and the area
around it clean and free of excess trash or debris
at all times.
All signs must comply with those sign regulations
set forth in Section 19.50 of the Azusa Municipal
Code to include restrictions on sign area, sign
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sign materials, and sign height. A sigm
k. Portable signs on the property are prohibited.
1. Temporary signs on the property shall meet all
requirements of Section 19.50.150 of the Azusa
Municipal Code.
M. Conditional use permit C-90-23 shall be reviewed
within two (2) years by the Community Development
Department and a written report shall be submitted
to the Planning Commission for their review.
n. Alcoholic beverages shall not be sold or consumed
on the property.
3. All requirements of the Building Division shall be met,
including but not limited to the following:
a. Applicant recognizes that approval granted is for
planning and zoning only and the owner is obligated
to meet all applicable Building Division
requirements.
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