HomeMy WebLinkAboutResolution No. 96-C1540
RESOLUTION NO.96-C154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
UPHOLDING AN APPEAL BY PASTOR RICHARD MCDONALD,
AND DENYING CONDITIONAL USE PERMIT NO. C-96-2
WHEREAS, an application was received from Thomas Kang for a
conditional use permit to allow the operation of a grocery store
with off -sale beer and wine (Conditional Use Permit No. C-96-2),
and
WHEREAS, the Planning Commission considered this request in a
duly noticed public hearing on June 26, 1996, and has carefully
considered all pertinent evidence and testimony, and
WHEREAS, the Planning Commission made the required findings of
fact, therefore adopting Resolution No. 96-16 approving the
conditional use permit request, and
WHEREAS, Pastor Richard McDonald of Azusa Foursquare Church,
a neighboring property owner, has appealed the Planning
Commission's decision to the City Council, who held a duly noticed
public hearing on September 3, 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-96-2,
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 General Commercial designation for this site contained
within the Land Use Element of the Azusa General Plan requires
careful review of commercial projects "to ensure their suitability
with their surrounding environment and to minimize potential
adverse impacts." Stores which serve beer and wine have resulted
in land use conflicts around Azusa, including loitering, public
drunkenness and other unwanted activities. These effects would be
most clearly felt by the nearby church, preschool and elementary
school, therefore resulting in an unsuitable environment and
potential adverse impacts on the children and residents of the
adjacent neighborhood.
SECTION 2. The City Council for the City of Azusa finds
that the operation of a grocery store with beer and wine sales at
the proposed location would result in loitering, public drunkenness
and other alcohol-related effects, as demonstrated in proximity to
numerous other alcohol outlets in Azusa. Due to the proximity of
the proposed store to a church, preschool and elementary school,
these effects would seriously impact the children who are at or on
their way to school, adversely affecting the peace and comfort of
the children and their parents.
The addition of this grocery store would result in a numerical
overconcentration of off -sale alcohol outlets within this census
tract, according to the definitions established by the Alcohol
Beverage Control office. Such overconcentration makes this area
less desirable for noncommercial uses, and would therefore have a
negative impact on the valuation of property around the store.
Small grocery stores, along with liquor stores and mini -markets,
are often targets for robberies and other serious crimes. The
proximity of this site to the Foothill Freeway would encourage
criminals to select this site because of the ease of escape from
the scene. The possibility of drunk drivers leaving this store
after purchasing alcohol would also create pedestrian safety
concerns, particularly for children passing the site on their way
to or from the nearby school and preschool. These concerns would
jeopardize the public safety in the vicinity of the store.
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RESOLUTION NO. 96-C154
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SECTION 3. The City Council for the City of Azusa finds
that the size and shape of the site provides enough area for the
existing commercial building and the parking necessary to support
the current and proposed businesses. Parking problems with this
center do not appear to be caused by insufficient parking, but
rather are the result of a land use conflict with the neighboring
church property and its parking layout. The subject site itself is
adequate in size and shape to support the physical improvements
necessary to integrate the proposed use with the surrounding area.
SECTION 4. The City Council for the City of Azusa finds
that the traffic pattern around this site creates problems for
pedestrians and customers of the store. Tight turning situations,
combined with a large number of children walking past the site to
nearby Paramount School, result in dangerous conditions for vehicle
traffic and luckless pedestrians. The improvements to the
surrounding street pattern are therefore inadequate to safely carry
the kind and quantity of traffic generated by the proposed grocery
store.
SECTION 5. The appeal of the decision of the Planning
Commission approving Conditional Use Permit No. C-96-2 is hereby
granted. Conditional Use Permit No. C-96-2 is hereby denied.
SECTION 6. The City Clerk shall certify to the adoption of
this resolution.
ADOPTED AND APPROVED this 7th day of October , 1996.
STEPHEN J. ALEXANDER, MAYOR
' -
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 7th day of October 1996 by
the following vote of the Council:
AYES: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXADNER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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APPROVED AS TO FORM:
CITY ATTORNEY