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HomeMy WebLinkAboutResolution No. 03-C101RESOLUTION NO. 03- C101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING A CONDITIONAL USE PERMIT NO. C- 2003-07 TO ALLOW A RESIDENTIAL USE IN A CBD (CENTRAL BUSINESS DISTRICT) ZONE, LOCATED AT 613/615 N. AZUSA AVENUE WHEREAS, the Planning Commission of the City of Azusa held a public hearing on October 15, 2003 and approved Conditional Use Permit No. C-2003-07, to allow three residential units in a CBD (Central Business District) zone, located at 613/615 N. Azusa Avenue. WHEREAS, Paul Naccachian, resident and property owner of 623/625 N. Azusa Avenue, appealed the approval of Conditional Use Permit No. C-2003-07 to the City Council. WHEREAS, the City Council of the City of Azusa, has given notice thereof as required by law, held a public hearing on the requested Conditional Use Permit No. C- 2003-07. WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. WHEREAS, the City Council's proceedings for a Conditional Use Permit were in compliance with City Code Section 88-300. NOW, THEREFORE, the City Council of the City of Azusa does hereby resolve as follows: SECTION 1: Pursuant to Section 15332 of the California Environmental Quality Act, the proposed project is an in -fill development project and is therefore categorically exempt from further environmental review. SECTION 2: That in accordance with Section 88-300 of the Azusa Municipal Code, the City Council hereby approves said Conditional Use Permit based on the following findings A. That the conditional use is consistent with the General Plan. Commercial Land Use Goal No. 3 of the General Plan encourages the revitalization of the central downtown business district. The approval of this application to allow a residential component in the proposed mixed-use building in the CBD zone would implement this goal. B. That the nature, condition, and development of the adjacent uses, buildings, 0 Resolution No. 03-C1 o1 December 1, 2003 Page 2 of 4 0 and structures have been considered, and the new construction and use will not adversey affect or be materially detrimental to these adjacent uses, buildings, or structures. The uses directly adjacent to the subject property are a vacant commercial building on the southern property line and a vacant commercial building on the northern property line. The northern building is to be demolished to allow the construction of a public breezeway, twenty-five feet wide. The breezeway will provide access from Azusa Avenue to the rear City parking lot. The proposed new use will generate beneficial pedestrian traffic in the CBD zone. C. That the site is of adequate size and shape to accommodate the use, buildings, yards, fences and walls, parking landscaping, and other development features proposed The proposed project was reviewed by the various City departments/divisions. Standard conditions and requirements were submitted by the departments. The project meets all of the applicable provisions of the Azusa Municipal Code to accommodate the use, buildings, yards, fences and walls, landscaping, and other development features proposed. The proposal includes a Major Variance to allow a reduction in the required amount of commercial parking spaces, a deletion of the required residential parking, and temporary residential parking. It is the plan for the City to cooperatively provide permanent parking on a fee basis at the time that a future municipal parking structure will be built on Block 37. At that time, tenant parking will be provided on a fee basis in the permanent parking structure. With the approval of the Major Variance, the proposed use would be accommodated. D. That the conditional use complies with all of the applicable development standards of the zone district. The proposal meets all of the applicable standards of the CBD district in which it is located. Staff has analyzed each development standard and prepared a Zoning Conformance Table to show compliance. This table has been included as part of the Planning Commission staff report. With the approval of the Major Variance for a reduction in the required number of commercial parking spaces, a deletion of the required residential parking, and temporary residential parking, the proposed use complies with the applicable standards of the CBD zone. E. That the site is adequatey served by highways or streets of sufficient width and Improved as necessary to accommodate the type of traffic associated 0 0 Resolution No. 03-C1 01 December 1, 2003 Page 3 of 4 with the proposed use. The existing roads, Azusa Avenue and Sixth Street, can adequately serve the proposed use. F. That the conditional use observes the spirit and intent of the Zoning Ordinance. The intent of the zoning ordinance is to address all relevant issues pertaining to uses within the CBD zone and impose the necessary conditions to prevent impacts and/or mitigate them to a level of insignificance. Conditions of approval have been included to observe the intent of the Zoning Ordinance. SECTION 3: Based on the aforementioned findings, the City Council does hereby approve Conditional Use Permit No. C-2003-07 for the property located at 613/615 N. Azusa Avenue subject to the conditions of approval attached hereto as Exhibit A, and incorporated herein by reference. The City Clerk s,04 certify to the adoption of this resolution. of December, 2003. MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA i 0 0 Resolution No. 03 -Cl 01 December 1, 2003 Page 4 of 4 I HEREBY CERTIFY that the forgoing Resolution No. 03-C1 01was duly adopted and at a regular meeting of the City Council on the 1 st day of December, 2003, by the following vote, to wit: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: NCILMEMBERS: NONE City Clerk APPROVED AS TO FORM: City At orney 0 0 Exhibit "A" l ouncil 1 L/ 1/US Case No: P-2003-35; CUP -2003-02; V-2003-17 Address: 613/615 N. Azusa Avenue A.P.N.: 8611-004-908 Project: Construction of a two-story, mixed-use building in the CDB zone to house a dental office and three residential units, with a Conditional Use Permit to allow residential units in a CDB zone and a Major Variance to allow a reduction in the required number of commercial parking spaces and a deletion of the required residential parking. These conditions of approval shall be printed on or attached to working drawings submitted to the Building Division for approval. A. All requirements of the Planning Division shall be met, including but not limited to the following: 1. 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. 2. All uses shall comply with Chapter 88, Article V., Division 8, Section 88-1075 thru 88-1125 for Commercial Districts of the Azusa Municipal Code. 3. All necessary permits shall be obtained. 4. All applicable Building Department and Fire Department requirements shall be met at all times. 5. Prior to the issuance of Building Permits, the applicant shall obtain a lot -line adjustment to accommodate the proposed encroachment of the elevator into 613/615 N. Azusa Avenue. 6. Prior to submitting for Building Department plan check, the applicant shall submit a revised plot plan subj ect to the review and approval by the Community Development Director. The revised plot plan shall show: a. The new trash enclosure located within the project property boundaries; and b. All existing easements. 7. The applicant shall provide evidence that the proposed construction is consistent with any existing easements or other restrictions. 8. The second—floor office use area shall not be changed to residential use until a Precise Plan of Design application is submitted and approved in the manner prescribed by the zoning regulations in effect at the time of conversion. Said conversion shall conform to all applicable zoning and building code requirements in effect at the time of conversion. 0 0 Draft Exhibit "A" P-2003-35; CUP -2003-02; V-2003-17 December 1, 2003 Page 2 of 5 9. All construction and uses shall be in substantial conformance with the approved plot plan, elevations, approved Conditional Use Permit and approved Major Variance. 10. Three sets of Landscape and Irrigation plans shall be submitted to the Planning Division for review and approval. Said plans shall be 24" by 36" and in compliance with City of Azusa landscape design standards. Location and percentage of landscaping, plant material and quantities of each, plant and planter box sizes, and design of an automatic irrigation system with detailed cross-sections shall be clearly indicated. [Note: Do not submit these plans with building plan check. Plans must be submitted directly to the Planning Division. The applicant is made aware that the Parks Division will be routed two sets of plans. Please allow 2-3 weeks for review]. Minimum number of parkway trees, if any, shall be determined by the Parks Division. 11. 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. Any graffiti shall be painted over within forty-eight (48) hours to match existing wall in color and tone. 12. The parking of recreational vehicles including but not limited to campers, motor homes, trailers, boats, etc., is absolutely prohibited. Storage of vehicles in parking stalls is prohibited. Repair of tenant -owned vehicles in parking lot is prohibited. 13. All illuminated sign and parking lot lighting shall be located, aimed and/or shielded to prevent lights from shining or reflecting on adjacent property. 14. All signs must comply with those sign regulations set forth in Chapter 88, Article VIII. of the Azusa Municipal Code to include restrictions on sign area, sign types, sign materials, and sign height. 15. Portable signs on the property are prohibited. 16. Temporary signs on the property shall meet all requirements of Chapter 88, Section 1630 of the Azusa Municipal Code. 17. Enclosing of the proposed patio areas by means of screens, glass, walls, etc., is absolutely prohibited, unless permitted under a separate Precise Plan of Design. 18. All roof equipment shall be screened to the satisfaction of the Planning Division. 19. All handling and storage of hazardous waste, materials, or chemicals shall be in accordance with all applicable State, Federal, or local laws. 20. The applicant or successor in interest acknowledges that the proposed combined use is permitted without the provision of a personal garage for storage of tenant personal items and shall require, as a part of the tenant rental or lease agreement, that suitable off-site storage will be used for tenants personal items. No external storage of tenant personal items shall be permitted on patio areas. 21. Residential tenants of the subject property shall be allowed to park in the existing municipal parking court until the completion of a municipal parking structure designated for the tenants of Block 37. At that time, suitable parking for one vehicle per residential unit will be provided for an appropriate fee, to be paid by the owner regardless of tenant occupancy or use by tenant of parking space. Draft Exhibit "A" P-2003-35; CUP -2003-02; V-2003-17 October 15, 2003 Page 3 of 5 22. If it becomes necessary for the City to take any legal action or commence any administrative proceedings against the applicant or any successor in interest in order to enforce any of the conditions of approval set forth herein, the City shall recover from the applicant or successor in interest reasonable attorney's fees and other reasonable costs incurred in such action or proceeding, provided that the City obtains a judgment in its favor in any portion of such action or proceeding. 23. The applicant or successor in interest shall be the real party in interest and shall assume primary responsibility for the defense of any legal action or proceeding commenced against the City to challenge the City's approval of Land Use Entitlements and/or the City's approval related to such land use approval. The applicant or successor in interest shall reimburse the City for all reasonable attorneys' fees and other reasonable costs incurred by the City in defending such action or proceeding. 24. By accepting approval of the Land Use Entitlements subject to the conditions set forth herein, the applicant or successor in interest shall be deemed to have agreed to the terms and conditions set forth herein and the City shall have the right to enforce in its sole discretion such terms and conditions by pursuing any and all available legal and equitable remedies. 25. Any changes to the conditions listed above must be approved by the Planning Commission. B. All requirements of the Engineering Division shall be met, including but not limited to the following: 1. Connect to a public sewer w/a six (6) inch V.C.P. sewer connection. 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. The contractor shall take every step necessary to contain all dirt, construction materials, and construction run-off on site. No grading or construction related debris, either directly or indirectly carried by water, will be permitted to leave the construction site. C. All requirements of the Building Division shall be met, including but not limited to the following: 1. Applicant shall conform to the 2001 Uniform Building Standards Codes incorporating the State of California 1997 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 1996 National Electric Code, and all applicable Azusa Municipal Ordinances. 2. All plan check fees shall be paid at the time of plan check submittal. Once plan check 0 0 Draft Exhibit "A" P-2003-35; CUP -2003-02; V-2003-17 October 15, 2003 Page 4 of 5 is completed and approved, applicant shall be responsible to pay in full all other appropriate development fees (i.e. school district fees, water reimbursement, park fees) prior to issuance of any building permit. 3. Electrical, mechanical, plumbing plan check fees are required. 4. Energy plan check fees are required. 5. Applicant shall submit 3 copies of foundation, framing, floor and elevation plans for plan check. 6. Structural, architectural, electrical, mechanical, plumbing plans shall be designed by a State of California Registered Engineer, or a State of California Registered Architect. 7. Applicant shall submit 3 copies of structural calculations simultaneous with the construction plans. S. Applicant shall submit 3 copies of energy calculations simultaneous with the construction plans. 9. Electrical, mechanical, plumbing plans shall be submitted for plan check simultaneous with the construction plans. 10. Applicant shall submit 3 copies of soil report simultaneous with the construction plans. 11. Prior to issuance of a permit, the applicant shall submit approval from the Los Angeles County Fire Department. 12. Applicant recognizes that approval granted is for planning and zoning only and the owner is obligated to meet all applicable Building Division requirements. 13. Property falls within an area of potential earthquake induced liquifaction, landslides or both. A site investigation report must be prepared by a certified engineering geologist or registered engineer who must have competence in the field of seismic hazard evaluation and mitigation. The geologic report must be submitted to the Department of Community Development for review. Plan review fees will be based on actual costs with a minimum deposit of $1,000.00 due when the report is submitted. 14. Plans as submitted are not acceptable for Building Division submittal. D. All requirements of the Light Division shall be met, including but not limited to the following: 1. Contact Light Department as soon as possible for specifications and requirements. 2. Service is to be undergrounded as indicated on plan. A minimum of 2-1/2" conduit, commercial minimum of 4" conduit, rigid steel the first 10' of riser; remainder to be schedule 80 pvc. 3. Utilities shall be undergrounded. Developer to provide all conduits, pull boxes, transformer pads, street lights as necessary. 4. Provide electrical load information. Transformer will not be ordered until IT. .IIPUNMNGI£MIILEMEA7l4-CUP120031C-S003-0-'613&615N. AZUSA AVE112-1-03 COCC EXHIBIT -A 12 )-03.D0C) Draft Exhibit "A" P-2003-35; CUP -2003-02; V-2003-17 October 15, 2003 Page 5 of 5 information is supplied and a percentage of the transformer cost is deposited with the Light Department. There is an 18-23 week delivery on transformers. Special Conditions FOR NEW COMMERCIAL CONSTRUCTION - owner/developer will submit two (2) sets of plans showing the following: a. Site survey plan of building to include additions & remodeling foundation, elevations, sections and location of existing electric easements. b. Electric service desired, electrical load calculation and single line diagram. C. Locations of electric meter panel and main switchgear on or in building and drawings, if necessary. d. Location of transformer pad and related substructures. E. All requirements of the Fire Department shall be met, including but not limited to the following: 1. Fire flow shall be determined during plan check. 2. Provide all information requested on the "Plan Check Information Sheet", available from the Fire Department. 3. All requirements indicated on Fire Department plan check sheets will be required pnor to occupancy. 4. Final inspection required prior to occupancy. 5. Fire department access shall be extended to within 150 feet distance of any exterior portion of all structures. 6. Provide Fire Department of City Approved street signs and building access numbers prior to occupancy. 7. Plan check required by Fire Department Jerome Samuels at 323-891-4125. (P:VPL NMNGI&MMEMENPSI4-CUP110031C-1003-02 GM615 N, AZUSA AVE1l;-1-03 CCCC EXH1BmA 72-1-03.DO )