HomeMy WebLinkAboutResolution No. 95-C660
NO. 95-C66
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF AZUSA UPHOLDING AN APPEAL BY ED SEIDNER,
AND DENYING CONDITIONAL USE PERMIT NO. C-95-2
AND PRECISE PLAN OF DESIGN P-95-26
WHEREAS, an application was received from Dennis Kuga,
Jonathan Yee, Art Apodaca and Juan Altamira for a conditional use
permit and precise plan of design to reopen a bar and restaurant
(Conditional Use Permit No. C-95-2 and Precise Plan of Design No.
P-95-26), and
WHEREAS, the Planning Commission considered this request in a
duly noticed public hearing on March 29, 1995, and has carefully
considered all pertinent evidence and testimony, and
WHEREAS, the Planning Commission made the required findings of
fact, therefore adopting Resolution Nos. 95-17 and 95-18 approving
the conditional use permit and precise plan of design request, and
WHEREAS, Ed Seidner, a neighboring property owner, has
appealed the Planning Commission's decision to the City Council,
who held a duly noticed public hearing on May 1, 1995, and
WHEREAS, the City Council of the City of Azusa carefully
considered all the pertinent evidence and testimony regarding
Conditional Use Permit No. C-95-2 and Precise Plan of Design No. P-
95-26,
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 Specific Plan designation for this site contained within
the Azusa General Plan, which allows a variety of commercial
activities, is appropriate for the operation of a bar and
restaurant, as long as the use does not result in any unwanted
impacts on surrounding properties.
SECTION 2. The City Council for the City of Azusa finds
that the previous operation of the bar has resulted in significant
parking impacts on neighboring property owners. The current
configuration of the site does not have adequate area to provide
enough parking spaces for the proposed bar, and is lacking in
emergency access, handicapped parking, interior landscaping and
access to the rear of the property. Overflow parking from this use
would adversely affect the comfort of nearby workers, and would
also be materially detrimental to the use, enjoyment and valuation
of property of others located in the vicinity of the site. Evening
on -street parking of bar customers on this busy street could result
in pedestrian and vehicular safety issues that would constitute a
menace to public safety.
SECTION 3. The City Council for the City of Azusa finds
that the site does not have adequate size or area to provide the
parking spaces necessary to support the proposed use, based on
observations from the parking demand generated by the similar use
of this property in the past. The Site also appears to be lacking
in emergency access, handicapped parking, interior landscaping and
access to the rear of the property.
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RESOLUTION NO. 95-C66
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SECTION 4. The City Council for the City of Azusa finds
that although Foothill Boulevard has sufficient capacity to handle
the traffic generated by the proposed use, the probable demands for
on -street parking by customers of this bar is inappropriate and
unsafe when conducted on such a busy thoroughfare.
SECTION S. The appeal of the decision of the Planning
Commission approving Conditional Use Permit No. C-95-2 and Precise
Plan of Design P-95-26 is hereby granted. Conditional Use Permit
No. C-95-2 and Precise Plan •of Design No. P-95-26 are hereby
denied.
SECTION 6. The City Clerk shall certify to the adoption of
this resolution.
ADOPTED AND APPROVED this 15th day of MAY
STEPHEN J. ALEXANDER, MAYOR
1995.
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 MAY , 1995 by
the following vote of the Council:
AYES: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER
NOES: COUNCILMENBFRS: NONE
ABSENT: COUNCILMEMBERS: NONE
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APPROVED AS TO FORM:
Cc Y"_ &aT� e
CITY ATTORNEY