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HomeMy WebLinkAboutResolution No. 00-C1250 0 RESOLUTION NO. 00-C125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REVERSING THE DECISION OF THE PLANNING COMMISSION REGARDING CONDITIONAL USE PERMIT NO. C-2000-6, WHICH WOULD HAVE ALLOWED TYPE 20 BEER AND WINE SALES, FOR PROPERTY LOCATED AT 651 E. ARROW HIGHWAY. WHEREAS, the Planning Commission of the City of Azusa has, after giving notice thereof as required by law, held a public hearing on August 30, 2000, on the application of La Pradera Market c/o Art Rodriguez and Associates with respect to the requested Conditional Use Permit No. C-2000-6. WHEREAS, the Planning Commission, after carefully considering all pertinent testimony and the staff report offered in the case as presented at the public hearing, conditionally approved the conditional use permit for off -sale beer and wine in conjunction with an existing market. WHEREAS, a timely appeal was filed by Joseph Zhou, appealing the Planning Commission's decision to the City Council. WHEREAS, the City Council of the City of Azusa has, after giving notice thereof as required by law, held a public hearing on October 2, 2000, on the application of La Pradera Market c/o Art Rodriguez and Associates with respect to the requested Conditional Use Permit No. C-2000-6. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: Pursuant to the State CEQA Guidelines, this project has been found to be Categorically Exempt from the California Environmental Quality Act- Sec. 15301 Classl(a). SECTION 2: In accordance with Section 88-320 of the Azusa Municipal Code, the City Council hereby reverses the decision of the Planning Commission and denies said conditional use permit, based on the following findings: That the proposed conditional use is consistent with the General Plan. Although the proposal is not in conflict with any specific goal or policy of the General Plan, approving beer and wine sales at this location will result in an undesirable concentration of alcohol sales outlets in the immediate vicinity. 2. Thatthenature, condition and development ofthe adjacent uses, buildings and structures have been considered, and the addition of beer and wine sales at the existing market will adversely affect or be materially detrimental to these adjacent uses, buildings or structures. The addition of beer and wine sales in conjunction with the existing market will not exceed the ratio of off -sale outlets to population described in the State Business and Professions Code. However, when the locations of existing alcohol sales outlets in adjacent contiguous census tracts are considered, there appears to be an undesirable concentration, as evidenced by the nine off -sale and five on -sale outlets located along Arrow Highway between Azusa Avenue and Citrus Avenue. Adding another off -sale outlet to this neighborhood could potentially result in increased incidents RESOLUTION NO. • • CONDITIONAL USE PERMIT NO. C-2000-06 PAGE 3 of 3 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 16th day of October 2000 by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE APPROVED AS TO FORM: I-;J,4v 'a-, �P. - CITY C RK CITY ATTORNEY RESOLUTION NO. • • CONDITIONAL USE PERMIT NO. C-2000-06 PAGE 2 of 3 of loitering, littering, panhandling, public inebriation, and increased demands on police services. That the site is of adequate size and shape to accommodate the use, buildings, yards, fences and walls, parking, landscaping and other existing development features proposed The site is of adequate size and shape, and this proposal does not change the physical characteristics of the site. 4. That the proposed conditional use does complies with all of the applicable development standards of the zone district. The proposal meets all of the applicable standards of the Azusa Municipal Code which pertain to alcoholic beverage uses. All of the determining factors pursuant to Section 88-1340 of the zoning ordinance have been taken into account and applicant had agreed to abide by certain conditions of approval to ensure adequate measures to protect surrounding properties. That the site is adequately served by highways or streets of sufficient width and improved as necessary to accommodate the type of traffic associated with the proposed use. The property is surrounded by two major arterial streets, Arrow Highway and Cerritos Avenue. The site has access from both streets. Based on street capacity, existing parking lot and site access, any additional traffic created by an increase in customers due to the proposed beer and wine sales has already been mitigated. The City Engineer has indicated there will be no impacts as a result of the addition of beer and wine sales. 6. That the proposed conditional use does not observe the spirit and intent of the Zoning Ordinance. The intent of the zoning ordinance is to address all relevant issues regarding the sale of alcoholic beverages, determine potential impacts, impose necessary conditions to prevent the impacts or mitigate them to a level of insignificance, and deny applications at locations where an undesirable concentration of alcohol sales outlets exists. In this case, the subject property is located in an area that suffers from an undesirable concentration of off -sale outlets. SECTION 3: Based on the aforementioned findings, the City Council does hereby deny Conditional Use Permit Number C-2000-6, for the property located at 651 E. Arrow Hwy. SECTION 4: The City Clerk shall certify to the adoption of this resolution. APPROVED this 16th day of October 2000. CRUZ -MADRID, MAYOR