HomeMy WebLinkAboutResolution No. 96-C23RESOLUTION NO. 96—C23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF AZUSA DENYING AN APPEAL BY
GHASSAN DURR OF THE PLANNING COMMISSION
DECISION TO DENY CONDITIONAL USE PERMIT NO. C-95-11
AND PRECISE PLAN OF DESIGN P-95-86
WHEREAS, an application was received from Ghassan Durr and the Fishman -Covert
Partnership for a conditional use permit and precise plan of design to permit on -sale beer within an
existing billiard parlor (Conditional Use Permit No. C-95-11 and Precise Plan of Design No. P-95-
86), and
WHEREAS, the Planning Commission considered this request in a duly noticed public
hearing on September 27, 1995, and has carefully considered all pertinent evidence and testimony,
and
WHEREAS, the Planning Commission could not make the required findings of fact,
therefore adopting Resolution Nos. 95-50 and 95-51 denying the conditional use permit and precise
plan of design request, and
WHEREAS, the applicant has appealed the Planning Commission's decision to the City
Council, who held a duly noticed public hearing on January 16, 1996, and
WHEREAS, the City Council of the City of Azusa carefully considered all the pertinent
evidence and testimony regarding Conditional Use Permit No. C-95-11 and Precise Plan of Design
No. P-95-86,
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 proposed sale of beer
within this existing billiard parlor is not contrary to the General Commercial land use designation
for this property contained within the Land Use Element of the Azusa General Plan, which
encourages a wide variety of commercial uses. The site appears to have adequate parking and other
facilities to support this use, and is adequately served by Citrus Avenue.
SECTION 2. The City Council for the City of Azusa finds that the proposed use, however,
does have a significant potential to have an adverse effect on surrounding land uses. The proximity
of Azusa Pacific University and nearby single-family residential neighborhoods raises concerns over
the impact of such a use on nearby students and residents, and would likely disturb the peace and
comfort of this institution and these residences.
SECTION 3. The City Council for the City of Azusa finds that the long-term effects of a
pool hall with beer sales increases the likelihood of creating problems which will have a negative
impact on the value of surrounding properties. The noise, loitering and public drunkenness problems
often associated with such uses will make it more difficult to attract high quality businesses to this
area, which is the fastest growing commercial section in Azusa. These impacts create a pattern
which is detrimental to the commercial property values in the area, as well as decrease the liveability
and values of neighboring residential parcels.
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RESOLUTION NO. 96-C23
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SECTION 4. The City Council for the City of Azusa finds that most businesses
which serve beer without being associated with a legitimate restaurant have a history of an increased
in activities requiring a police response. Based on the number of incidents associated with this
business which have already been observed by the Police Department, the proposed alcohol sales
would likely result in an increase in activities such as loitering, public drunkenness and public
brawls. These unwanted activites would jeopardize the public health, safety and general welfare of
this area.
SECTION 5. The decision of the Planning Commission denying Conditional Use Permit
No. C-95-11 and Precise Plan of Design P-95-86 is hereby upheld.
SECTION 6. The City Clerk shall certify to the adoption of this resolution.
ADOPTED AND APPROVED this 20th day of Februar
STEPHEN J. ALEXANDER, MAYOR
1996.
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 2 0th day of February 1996
by the following vote of the Council:
AYES: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE
NOES: COUNCILMEMBERS: ALEXANDER
ABSENT: COUNCILMEMBERS: NONE
APPROVED AS TO FORM:
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CITY CLERK TY ATTORNEY
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