HomeMy WebLinkAboutResolution No. 93-C0080 0
NO. 93-C8
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF AZUSA APPROVING AN APPEAL
OF THE PLANNING COMMISSION
DECISION TO APPROVE CONDITIONAL USE PERMIT
NO. C-91-19, VARIANCE NO. V-91-12
AND PRECISE PLAN OF DESIGN P-91-191
WHEREAS, an application was received from the Price Company
for a conditional use permit, variance and precise plan of design
to operate an international bazaar under the requirements of an
indoor swap meet with reduced vendor floor area on property located
at 1201 West Foothill Boulevard (Conditional Use permit No. C-91-
19, Variance No. V-91-12 and Precise Plan of Design No. P-91-191),
and
WHEREAS, the Planning Commission considered this request in a
duly noticed public hearing on January 15, 1992, and has carefully
considered all pertinent evidence and testimony, and
WHEREAS, the Planning Commission made the required findings of
fact, therefore approving the conditional use permit, variance and
precise plan of design request, and
WHEREAS, the City Council has appealed the Planning
Commission's decision on its own behalf, and held a duly noticed
public hearings on February 3, 1992, continued to February 17,
1992, and also to December 7, 1992 and January 4, 1993, and
WHEREAS, the City Council of the City of Azusa carefully
considered all the pertinent evidence and testimony regarding
Conditional Use Permit No. C-91-19, Variance No. V-91-12 and
Precise Plan of Design No. P-91-191,
NOW THEREFORE, the City Council of the City of Azusa does hereby
resolve as follows:
SECTION 1. The City Council for the City of Azusa finds
that the granting of Conditional Use Permit No. C-91-19 and Precise
Plan of Design No. P-91-191 ar justified as the proposed bazaar
will provide compatible retail and service shopping opportunities
which will benefit the general public and be consistent with the
good zoning practice of encouraging coherent commercial
development.
SECTION 2. The City Council for the City of Azusa finds
that the granting of Variance V-91-12 is justified by an
unnecessary hardship, in that the imposition of the 500 square foot
minimum floor area requirement would deny the owner from providing
long-term opportunities for smaller businesses which would
otherwise be relegated to ordinary swap meets.
SECTION 3. The City Council for the City of Azusa finds
that the granting of Variance V-91-12 is justified by an
exceptional circumstance, in that the indoor location of this
business eliminates the need for additional vendor space to be used
for vendor parking, as is necessary for outdoor swap meets.
SECTION 4. The City Council for the City of Azusa finds
that the granting of Variance V-91-12 will not cause an adverse
effect on surrounding properties, in that the parking provided for
this use will still be sufficient to meet the demands for this
business.
Page 1 of 2
0 0
Exhibit "A"
C-91-19, V-92-12 & P-91-191
1120 West Foothill Boulevard
Indoor international bazaar
1. 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 all provisions of Sections 19.32
and 19.80 with the exception of vendor floor area
requirements of the Azusa Municipal Code.
C. All necessary permits shall be obtained.
d. All applicable Building Department and Fire Department
requirements shall be met at all times.
e. Applicant shall submit a cubicle and/or partition plan,
along with a sign plan for individual tenants for review
and approval by the Planning Division prior to Building
plan check.
f. 1,449 parking spaces shall be provided and maintained in
accordance with Chapter 19.48 of the Azusa Municipal
Code.
g. Eight (8) loading spaces shall be provided and maintained
in size of not less than 101 in width, 22' in length, and
14' in height.
h. Landscaping shall be adequately maintained at all times
including, but not limited to, irrigation, weeding,
and/or replacement when necessary.
i. 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.
J. Trash enclosures shall be provided and constructed to
City of Azusa standards, consisting of decorative masonry
block walls and solid steel gates.
k. Outside storage of any and all materials, goods, etc., is
absolutely prohibited.
1. 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 types, sign
materials, and sign height.
M. Portable signs on the property are prohibited.
n. Temporary signs on the property shall meet all
requirements of Section 19.50.150 of the Azusa Municipal
Code.
o. Vendors shall sell new merchandise or genuine antiques
only. Sales of used or secondhand merchandise is
prohibited.
p. Hours of operation shall be limited to 9:00 a.m. to 6:00
p.m. on Saturdays and 10:00 a.m. to 6:00 p.m. on Sundays.
In addition, similar hours of operation shall be
permitted for a 30 consecutive day period prior to
Christmas each year.
q. Parking area to the rear of the site shall be paved and
fully improved as indicated on plans originally approved
for the entire Price Club Plaza, prior to the opening of
the International Bazaar.
Page 1 of 2
0 0
EXHIBIT 'A'
C -91-19/p-91-191
PAGE 2 OF 2
PLANNING DIVISION CONTINUED...
2.
3.
4.
r. A review of the parking demand for this use shall be
conducted on an annual basis by the Planning Commission.
During said reviews, the Planning Commission shall have
the ability to impose additional conditions of approval
regarding parking requirements as deemed necessary
S. Individual vendors shall maintain at least 100 square
feet of floor area.
t. Main customer entrance shall be located at northeast
corner of the building.
U. Each vendor shall use a cash register to record the sales
transactions conducted at the site, with a point of sale
reported as 1120 West Foothill Boulevard, Azusa. Each
vendor shall obtain a separate business license and
resale number, which shall be conspicuously posted. The
applicant shall require each vendor to comply with the
City requirements, as a condition of the lease.
All requirements of the Public Works Department shall be met,
including but not limited to the following:
a. No work within the public right of way shall be commenced
without first obtaining a public works permit.
All requirements of the Building Division shall be met,
including but not limited to the following:
a. Applicant shall conform to the 1991 Uniform Model Codes
and all applicable Azusa Municipal'Ordinances.
b. Energy plan check fees are required.
C. Applicant shall submit four (4) copies of foundation,
framing, floor and elevation plans for plan check.
d. All appropriate development fees shall be paid in full
prior to issuance of any building permit.
e. Prior to issuance of a permit, the applicant shall submit
approval from the Los Angeles County Health Department.
f. Applicant shall submit for building permits for any
partition over five feet, nine inches (5'-911) in height.
g. Additional illuminated exit signs and emergency lighting
shall be provided in the facility.
All requirements of the Redevelopment Agency shall be met,
including but not limited to the following:
a. All vendors shall obtain valid City of Azusa business
licenses and conspicuously post it at all times.
b. All vendors shall obtain a State Board of Equalization
seller's permit with the City of Azusa as the point of
origin and conspicuously post it at all times.
C. Property owner shall enter into an Owner Participation
Agreement (OPA) with the Azusa Redevelopment Agency.
PAGE 2 OF 2
RESOLUTION NO. 93-C8
PAGE 2 OF 2
SECTION 5. The City Council for the City of Azusa finds
that the granting of Variance V-91-12 will be consistent with the
goals and objectives of the Azusa General Plan, in that the reduced
vendor stall size will help establish new retail and service uses
which would foster the creation of progressive commercial activity.
SECTION 6. The decision of the Planning Commission
approving Conditional Use Permit No. C-91-19, Variance V-92-12 and
Precise Plan of Design P-92-191 is hereby upheld.
SECTION 7. The City Clerk shall certify to the adoption of
this resolution.
ADOPTED AND APPROVED this 18th day of January , 1993.
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 18th day of January , 1993 by
the following vote of the Coun�-
AYES: COUNCILMEMBERS: DANGLEIS, MADRID, NARANJO, ALEXANDER, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
EWI=
Page 2 of 2
fS5a 7611/:i►i:y�+ # -rN ,
CITY ATTORNEY