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HomeMy WebLinkAboutResolution No. 01-C0610 RESOLUTION NO. 01-C61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A CONDITIONAL USE PERMIT NO. C-2001-03 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 Conditional Use Permit No. C-2001-03. 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 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 Conditional Use Permit No. C-2001-03. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: 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: In accordance with Section 88-320 of the Azusa Municipal Code, the City Council hereby adopts said Conditional Use Permit and approves the same, based on the following findings: That the proposed conditional use is consistent with the General Plan. The General Plan Land Use designation of the site is General Commercial which allows general commercial uses. The project complies with Commercial Land Use Goals No. 2 and No. 3. Goal No. 2 emphasizes the importance of a diverse, yet balanced, economy which is comprised of accessible, attractive and fundamental businesses. Goal No. 3 emphasizes the importance of revitalizing the central downtown business district. The project, as proposed, is consistent with these two goals since it involves the development of a vacant, unused lot located within the Central Business District Redevelopment Project Area. Implementation of the project would add a different use to the existing commercial base of the project's vicinity (adjacent uses are a gas station, motel, commercial office and residences), as well as contribute to the revitalization efforts of the central business district. 2. That the nature, condition, and development of the adjacent uses, buildings, and structures have been considered, and the use will not adversely affect or be materially 0 0 RESOLUTION NO. 01-C61 CONDITIONAL USE PERMIT NO. C-2001-03 PAGE 2 of 3 detrimental to these adjacent uses, buildings, or structures. Adjacent and nearby uses include a commercial office to the north; gas stations to the south, south west (across Azusa Avenue) and northwest (across Azusa Avenue); motels to the west (across Azusa Avenue) and to the east (across the alley); and, residences to the east. It is anticipated that the proposed use would compliment, rather than adversely impact, any of the nearby or adjacent commercial uses. A condition of approval relating to noise from the drive-through speaker board has been included to minimize potential noise impacts on the nearby residences. 3. 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. A Development Review Board meeting was held to receive comments from City departments/divisions. Standard conditions and requirements were given by the various departments. The project meets all of the applicable provisions of the Azusa Municipal Code to accommodate the use, building, yards, walls, landscaping, and other development features proposed, with the exception of the required front yard setback and the required parking. A Variance will be required to allow reductions in these two standards. 4. That the proposed conditional use complies with all of the applicable development standards of the zone district. The proposal meets all of the applicable standards of the C-1 zone which it is located in, with the exception of the required front yard setback and the required parking. Staff has analyzed each development standard and prepared aZoning Conformance Table to show compliance or non-compliance. This table has been included as part of the Planning Commission staff report. 5. 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 site is served by Azusa Avenue to the west and a 20 -foot wide alley to the east. The Traffic Engineering Department has reviewed the project and concluded that the site can be adequately served by the existing street and alley. 6. That the proposed 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 C-1 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-2001-03, 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. RESOLUTION NO. 01-C61 CONDITIONAL USE PERMIT NO. C-2001-03 PAGE 3 of 3 ADOPTED AND APPROVED this 16 day of Ju 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 _ 6 day of ,-m t 2001 by the following vote of the Council: AYES: COUNCILMEMBERS: Hardison, Stanford, Rocha, Chagnon, NOES: COUNCILMEMBERS: Madrid ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED AS TO FORM: EMPMOO0 N Me I A.. CITY rTORtEY