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HomeMy WebLinkAboutResolution No. 01-C0630 0 RESOLUTION NO. 01-C63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A PRECISE PLAN OF DESIGN NO. P-2001-44 FOR THE DEVELOPMENT OF A FAST-FOOD RESTAURANT WITH DRIVE- THROUGH SERVICE AT 126 NORTH AZUSA AVENUE WHEREAS, the Planning Commission of the City of Azusa has, after giving notice thereof as required by law, held a public hearing on May 30, 2001, on the application of Jack In The Box Inc. c/o Lorenzo Reyes with respect to the requested Precise Plan of Design No. P-2001-44. 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 Precise Plan of Design to allow the development of a fast-food restaurant with drive-through service. WHEREAS, on June 18, 2001, in response to a complaint by the owner of the Western Inn, the City Council directed staff to schedule this item for a subsequent City Council public hearing to determine whether the Planning Commission's decision should be overturned or modified. WHEREAS, the City Council of the City of Azusa has, after giving notice thereof as required by law, held a public hearing on July 16, 2001, on the application of Jack In The Box Inc. c/o Lorenzo Reyes with respect to the requested Precise Plan of Design No. P-2001-44. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION I : Pursuant to the California Environmental Quality Act Guidelines, a Negative Declaration has been prepared and the finding has been made that the proposed project could not have a significant effect on the environment. SECTION 2: That in accordance with Section 88-585 of the Azusa Municipal Code, it is found that the project would not unreasonably interfere with the use or enjoyment of property in the vicinity, and would not adversely affect the public peace, health, safety or general welfare, and provided the conditions of approval are adhered to, the City Council hereby approves said Precise Plan of Design based on the following findings: In accordance with Section 88-585 of the Azusa Municipal Code, it is found that the project would not unreasonably interfere with the use or enjoyment of property in the vicinity and would not adversely affect the public peace, health, safety or general welfare in that the proposal is in conformance with the General Plan and is considered a conditionally permitted use in the district in which it is located. Furthermore, the project will be developed in accordance with all of the applicable provisions of the Zoning Code. City divisions and departments have indicated the ability to support the development and have issued standard conditions of approval. SECTION 3: Based on the aforementioned findings, the City Council does hereby approve Precise Plan of Design No. P-2001-44, for the property located at 126 North Azusa Avenue, subject to the conditions attached hereto as Exhibit "A," and incorporated herein by reference, as though set out in full and at length. SECTION 4: The City Clerk shall certify to the adoption of this resolution 0 RESOLUTION NO. 01-C63 PRECISE PLAN OF DESIGN NO. P-2001-44 PAGE 2 OF 2 ADOPTED AND-WROVED this 16 CRUZ -MADRID, MAYOR E July ,2001. 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 16 day of July 2001 by the following vote of the Council: AYES: COUNCILMEMBERS: Hardison, Stanford,Rocha, Chagnon, NOES: COUNCILMEMBERS: Madrid ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None CITY CLERK APPROVED AS TO FORM: 'Y ATTO Y {� CI A. 0 Exhibit "A" Dratt Crtv Council conditions of approval July 10, ZUut Case No: C-2001-03; P-2001-44; V-2001-01 Address: 126 North Azusa Avenue A.P.N.: 8611-031-26 & 8611-031-901 Project: Request for a Conditional Use Permit, Precise Plan of Design and Variance to allow a new 2,867 sf fast-food restaurant with drive-through service All requirements of the Engineering Division shall be met, including but not limited to the following: 1. Construct driveway apron on Azusa Avenue. 2. Remove 4 driveway aprons on Azusa Avenue and reconstruct curb and sidewalk. 3. Grading shall be performed per County of Los Angeles Uniform Building Laws, current edition, relating to Excavations and Fills. 4. No ponding on this property or neighboring property shall be allowed. 5. Connect to a public sewer w/a 6 inch V.C.P. sewer connection. 6. 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. 7. The contractor shall take every step necessary to contain all dirt, construction materials, and construction run-off on site. No grading orconstruction-relateddebris, either directly or indirectly carried by water, will be permitted to leave the construction site. All requirements of the Planning Division shall be met, including but not limited to the following: THE FOLLOWING CONDITIONS SHALL BE SATISFIED BEFORE ANY BUILDING PERMITS MAY BE ISSUED: 1. Revise the site plan (Sheet SD -1) to show that the 10'x 25' rectangular area (which is an alley vacation) near the southeast corner of the lot is not within the project boundaries. 2. Submit plans which show the project details for all exterior light fixtures, outdoor furniture and planters. These items must be consistent with the style and architecture of the building and will be subject to the review and approval of the Community 0 0 C -2001-03;P-2001-44; V-2001-01 July 16, 2001 Page 2 of 7 Development Director. THE FOLLOWING CONDITIONS SHALL BE SATISFIED BEFORE FINAL OCCUPANCY IS GRANTED: 3. 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. 4. All uses shall comply with Section(s):Chapter 88, Article V., Division 8, Section 88- 1075 thru 88-1125 for Commercial Districts of the Azusa Municipal Code. 5. All necessary permits shall be obtained. 6. All applicable Building Department and Fire Department requirements shall be met at all times. 7. Prior to submitting for Building Department plan check, applicant shall submit a revised plot plan subject to the review and approval by the Community Development Director. The revised plan shall show compliance with all applicable zoning standards. 8. A minimum five-foot (5') wide landscaped strip shall be provided along the perimeter of the parking area, except for areas adjacent to buildings. 9. A minimum of ten percent (10%) interior landscaping shall be provided within the interior of parking area. 10. Landscaping shall be adequately maintained at all times including, but not limited to, irrigation, weeding, and/or replacement when necessary. 11. 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. 12. All portions of lot, with the exception of driveway areas and building locations shown on plans submitted, shall be completely and adequately landscaped at all times. 13. 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 0 0 C-2001-03; P-2001-44; V-2001-01 July 16, 2001 Page 3 of 7 forty-eight (48) hours to match existing wall in color and tone. 14. Trash enclosures shall be provided and constructed to City of Azusa standards, consisting of decorative masonry block walls and solid steel gates. 15. Adequate trash enclosures(s) shall be maintained at all times. Such enclosures shall be fully screened from public view by means of decorative masonry walls served by solid full height gates. Said gates shall also be maintained in good and operating repair at all times. The storage of any and all trash other than the trash storage area or higher than the screened walls around said storage area is prohibited. Enclosure location must be approved by the local trash contractor. Dumpster(s) to remain in enclosure(s) at all times. 16. Applicant shall provide and maintain a litter receptacle outside of the business and be responsible for keeping the receptacle and the area around it clean and free of excess trash or debris at all times. 17. All illuminated sign and parking lot lighting shall be located, aimed and/or shielded to prevent lights from shining or reflecting on adjacent property. 18. 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. 19. Temporary signs on the property shall meet all requirements of Chapter 88, Section 1630 of the Azusa Municipal Code. 20. All roof equipment shall be screened to the satisfaction of the Planning Division. 21. All handling and storage of hazardous waste, materials, or chemicals shall be in accordance with all applicable State, Federal, or local laws. 22. All conditions of approval of C-2001-03, P-2001-44 and V-2001-01 shall be met at all times. 23. The drive-through speakerboard shall be maintained in good operating order at all times to ensure that noise level outputs are in conformance with the City's Noise Ordinance. 24. Backflow devices and transformers shall be screened from view, to the greatest extent feasible, with landscaping, subject to the review and approval of the Community Development Director. 25. 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 judgement in its favor in any portion of such action or proceeding. 26. 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 0 0 C -2001-03;P-2001-44; V-2001-01 July 16, 2001 Page 4 of 7 applicant or successor in interest shall reimburse the City for all reasonable attorney's fees and other reasonable costs incurred by the City in defending such action or proceeding. 27. 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. 28. Any changes to the conditions listed above must be approved by the Planning Commission. 29. The applicant shall modify the landscape island at the south east comer of the site adjacent to the alley to form a transitional curb extension to calm vehicular traffic within the alley. C. All requirement of the Recreation and Parks Department shall be met, including but not limited to the following: 1. No work within the public right of way shall be commenced without first obtaining a public works permit. 2. Landscape and irrigation plans shall show locations, quantities, sizes, and types of plant materials, as well as design of an automatic irrigation system. No final release from this department shall be granted until these plans have been approved. D. All requirements of the Building Division shall be met, including but not limited to the following: 1. Applicant shall conform to the 1998 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 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. 0 0 C -2001-03;P-2001-44; V-2001-01 July 16, 2001 Page 5 of 7 7. Applicant shall submit 3 copies of structural calculations simultaneous with the construction plans. 8. 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 Health Department, the Los Angeles County Fire Department, South Coast Air Quality Management District (SCAQMD). 12. Applicant recognizes that approval granted is for planning and zoning only and the owner is obligated to meet all applicable Building Division requirements. E. All requirements of the Water Division shall be met, including but not limited to the following: 1. More than one meter can be used on approval of the Water Operations Manager. 2. Will require an approved backflow device. 3. Plan check is required. 4. The property owner or project applicant shall take sole responsibility for cost incurred due to any modification, relocation or alteration of existing water facilities caused by this project to the satisfaction of the Light and Water department. 5. This project is subject to Ordinance 96-08, Chapter 78-471 through 477, City of Azusa Municipal Code entitled "Water System Development Fee". Fee must be paid to the Light and Water Department following the final plan approval by the Building Department. The estimated fee is $4,340.00 (based on today's rate) and will be changed to reflect the actual rate on the day the fee is paid. 6. This project may require fire flow availability information before the L.A. County Fire Department will approve a building permit. F. 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. Electric panel cannot be enclosed. 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 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. 0 0 C -2001-03;P-2001-44; V-2001-01 July 16, 2001 Page 6 of 7 5. Extensive electrical line rebuilding may be necessary. Applicant is directed to contact the Light Department immediately. No permits will be issued until this problem is resolved. 6. 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. 7. Developer/Owner shall pay for all cost of installation of electric structures. 8. Property owner shall grant an easement for utilitypurposes for any facilities installed within the property. 9. Any relocation, modification, alteration of existing electric facilities shall be arranged with Azusa Light & Water, and shall be at sole cost and expense of applicant or property owner. 10. Developer is required to install two new underground feed type street lights along Azusa Avenue in front of property. One at south of new driveway approach and another one at 160' +/-10' to its south. 11. Power pole in alley north of driveway shall be relocated or protected. The developer is required to pay for all cost of pole relocation/protection. G. All requirements of the Redevelopment Agency shall be met, including but not limited to the following: No requirements. H. All requirements of the Police Department shall be met, including but not limited to the following: No requirements. I. 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 occupant load for public assembly occupancies. 3. All requirements indicated on Fire Department plan check sheets will be required prior to occupancy. 4. Final inspection required prior to occupancy. 5. Access shall comply with Section 902 of the Fire Code which requires all weather access. All weather access may require paving. 6. Fire department access shall be extended to within 150 feet distance of any exterior 0 0 C -2001-03;P-2001-44; V-2001-01 July 16, 2001 Page 7 of 7 portion of all structures. The private driveways shall be indicated on the final map as "Private Driveway and Firelane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. Fire Prevention Division 5823 Rickenbacker Road Commerce, CA 90040 (323)890-4125 (P:IIPIanningEnri0emenn14--Cupl2WllC.200143d -2001-eIJackia rhegoxlExhibi,A Ja UnBW-1601.mPdf