HomeMy WebLinkAboutResolution No. 08-C0700 0
RESOLUTION NO. 08-C70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONAL
USE PERMIT C-99-16 TO ALLOW THE SALE OF BEER AND WINE
FOR OFF-SITE CONSUMPTION AT THE PROPOSED TARGET
DEPARTMENT STORE, LOCATED AT 809 N. AZUSA AVENUE,
AZUSA, CALIFORNIA
WHEREAS, the Planning Commission of the City of Azusa, gave notice thereof as
required by law and held public hearings on June 25, 2008 and July 23, 2008 on the application
of the Target Corporation with respect to the requested application for a Modification to the
Conditional Use Permit C-99-16 for the proposed Target department store, located at 809 N.
Azusa Avenue. On July 23, 2008, the Planning Commission voted to recommend approval of
the application to the City Council; and
WHEREAS, the City Council of the City of Azusa, has given notice thereof as required
by law and held a public hearing on the application of the Target Corporation with respect to
the request to modify the existing Conditional Use Permit C-99-16, which currently allows the
sale of beer, wine and distilled liquor at an existing grocery store at the subject location, to allow
only beer and wine sales for off-site consumption at the proposed Target department store,
located at 809 N. Azusa Avenue; and
WHEREAS, the City Council has carefully considered all pertinent testimony and the
staff report offered in the case as presented at the public hearing; and
WHEREAS, the City Council certified an Environmental Impact Report No. 2008011046
regarding the development of the Project on August 4, 2008.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1: In accordance with City of Azusa Municipal Code Section 88.51.040 and
based on the staff report and other such written and oral evidence as
presented to the City Council regarding the modification to the existing
Conditional Use Permit C-99-16, the City Council finds and determines
that the proposed project:
(a) The proposed use is allowed within the applicable zoning district
and complies with all other applicable provisions of this
Development Code and the Municipal Code.
Per the City of Azusa Development Code, the sale of alcoholic
beverages is permitted in the DTV zone with a Use Permit. There
is an undue concentration of ABC licenses for the sale of alcoholic
beverages for off-site consumption in the project census tract.
However, based on the fact that the existing King Ranch Market
already has an ABC license, the project location is not in a high
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crime area and the Azusa Police Department has determined that
the proposed Target Department Store would not jeopardize public
safety in this area, Staff finds that the public convenience or
necessity would be served by the modification of the existing
Conditional Use Permit to allow the sales of beer and wine at the
proposed Target Department Store. This is based on the fact that a
department store selling alcoholic beverages, as a supplement to
their other merchandise, would provide a convenience to the
residents.
Condition of Approval #1710 requires that strategically placed
surveillance cameras shall be installed at parking lot
entrances/exits, entry/exit points of the store, cashier counters and
along the south side of the building (to include loading dock area)
that are digitally recorded and stored for at least 30 days for
investigative purposes. When requested by police personnel,
Target employees shall provide digitally captured video and
images to the Azusa Police Department in a timely manner,
preferably within 60 minutes of the crime being reported and/or
investigated. In addition, warning signs of such recording(s) shall
be conspicuously posted as a crime deterrent. Condition of
Approval #1714 requires that the store shall be equipped with an
audible or silent burglary alarm at all entry/exit points and
monitored by a reputable alarm company and be in compliance
with pertinent AMC requirements for alarm systems. Condition of
Approval #1719, requires clear signs stating I.D. will be required
for anyone that appears to be underage and wants to purchase
alcohol consistent with California State Alcohol Control Board
requirements.
(b) The proposed use is consistent with the General Plan and any
applicable specific plan.
The proposed use is consistent with the goals, policies and
objectives of the General Plan as shown in Table 1 of the staff
report, as incorporated herein by this reference.
(c) The design, location, size and operating characteristics of the
proposed activity are compatible with the existing and future land
uses in the vicinity.
The operating characteristics will be limited by the Conditions of
Approval, specifically: #1710, #1714 and #1719 regarding
surveillance, alarms and proper identification prior to sale of
alcohol, making the operating characteristics compatible with the
existing and future land uses in the vicinity
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(d) The site is physically suitable for the type, density and intensity of
use being proposed, including access, utilities and the absence of
physical constraints.
The proposed Target Department Store is to be located in the DTV
commercial zone, which is physically suitable for the proposed
use, the sale of beer and wine. The alcohol sales will be a small
portion of the sales from the site. The Site has appropriate access
and utilities for the project as a whole, including the approximately
300 square feet that will be dedicated to beer and wine sales.
(e) Granting the permit would not be detrimental to the public interest,
health, safety, convenience or welfare, or materially injurious to
persons, property or improvements in the vicinity and zoning
district in which the property is located.
Granting the Use permit will be consistent with the General Plan
goals and policies by providing a convenient service for the
residents in the DTV district. Restrictions through the Conditions
of Approval assure that the use will be operated safely and will not
harm persons or property in the immediate vicinity.
Additional Criteria to be considered with Alcoholic Beverage Sales
(f) The nature and use of real property within 500 feet of the use, and
in particular, the location of similar nearby uses and the location of
residences, parks, schools, and religious facilities.
There are no schools or parks within 500 feet of the proposed
Target Department Store, but there are single -and multi family
residences with in 500 feet of the store. However, the ability to
purchase beer and wine for off-site consumption, in addition to
other department store items, will provide a convenience to the
residents.
(g) Appropriate measures to provide proper maintenance of the
building exterior, including keeping the premises free of junk,
litter, and debris.
Conditions of Approval for the project require that the premises are
to be maintained in a clean and acceptable condition at all times.
All buildings and walls shall be maintained in good repair at all
rimes. Any offensive markings shall be removed immediately.
Any graffiii shall be painted over within forty-eight (48) hours, or
48 hours from the Monday following the incident if it occurs on a
weekend, to match existing wall in color and tone
(h) Lighting of exterior areas, including parking lots, to discourage
loitering activities outside of the buildings.
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Conditions of Approval for the project have been included to
ensure that adequate lighting will be provided in the proposed
parking lot and on the perimeter of the building.
(i) Protection of persons residing on or using adjacent properties from
noise, illegal activity, odors, and undue light and glare.
The Conditions of Approval for the project include noise and
lighting mitigation for the site.
(j) Provision of onsite security, both inside and outside the building,
to satisfy any concerns raised by the Police Department.
The Police Department has reviewed the proposed project and has
provided specific Conditions of Approval related to security issues
for the proposed use.
(k) Adequacy of off-street parking provided for the use.
Per the Traffic Study, prepared for the EIR, ample parking will be
provided.
(1) Hours of operation.
Beer and wine sales would occur during business hours: 8:00 am —
10:00 pm Monday through Saturday and 8:00 am — 9:00 pm
Sundays. The store will be closed on Thanksgiving Day,
Christmas Day and Easter Sunday.
(m) Controls on occupancy limits inside the building and loitering
outside of the building.
The Building Division and the Los Angeles County Fire
Department will determine the occupancy limits of the proposed
department store. The Police Department and the Los Angeles
County Fire Department are responsible for enforcing the limits.
(n) Prevention of adverse effect of the use on value of adjacent
properties.
The sale of alcoholic beverages for off-site consumption in the
proposed Target Department Store will not adversely affect the
value of adjacent properties. The alcoholic component of the
department store will be less than 335 square or 0.002% of the
total floor area of the store.
(o) Whether approval would result in an undue concentration of these
uses, and whether public convenience or necessity would mitigate
the issue of undue concentration.
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Per the ABC, there is already an undue concentration of liquor
licenses in the subject census tract, resulting in the need for a
finding of public convenience and necessity. However, the
existing King Ranch Market already has a license to sell beer, wine
and distilled spirits at the proposed location. Therefore the
proposed new ABC license does not represent an increase in the
number of licenses but, rather, the substitute of one license type for
another in the subject census tract. As such, the proposal would not
increase the number of licenses in the census tract. In addition,
staff finds that the public convenience or necessity would be
served by the issuance of a Modification to the Existing
Conditional Use Permit for the proposed Target Department Store,
based on the fact that a department store selling alcoholic
beverages, as a supplement to their other merchandise, would
provide a convenience to the residents.
Section 2. This Resolution shall take effect immediately upon its adoption.
Section 3. The Mayor shall sign this Resolution and the City Clerk shall attest and
certify to the passage and adoption of this Resolution
ADOPTED, SIGNED, AND APPROVED this 4h day of August, 2008.
w
oseph R. Rocha, Mayor
ATTEST:
Vera Mendoza, City Clerk
I HEREBY CERTIFY that the foregoing Resolution No. 08-C70, was adopted by the
City Council of the City of Azusa at a regular meeting thereof held on the 4a' day of August,
2008, by the following vote of the City Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Vera Mendoza, City Clerk
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
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