Loading...
HomeMy WebLinkAboutResolution No. 08-C0690 RESOLUTION NO. 08-C69 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING USE PERMIT UP 2008-08 ALLOWING A GENERAL RETAIL USE WITH OVER 50,000 SQUARE FEET OF FLOOR AREA IN THE DTV (DOWNTOWN TRANSIT VILLAGE) ZONE, 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 Use Permit UP 2008-08 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 requested Use Permit UP -2008-08 for 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 Use Permit, 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. According to Section 88.24.005 of the Development Code, a general retail use with over 50,000 square feet in area is allowed in the DTV zone with a Use Permit. The Use Permit allows the review authority to examine the characteristics of the proposed large retail use and determine if the use would or would not have a negative effect on the neighborhood. The proposed Target Department Store will have approximately 159,000 square feet of area, including stock areas. As proposed the Target Department Store will not negatively impact the neighborhood. As designed the Project will remove an older blighted site from the neighborhood 0RANGEAEFIULL449158.1 0 0 and add a well designed commercial/retail use which provides needed services and opportunities to the community. The Project will result in improved roadways, streetscape improvements, and provide much needed commercial services to the community. With approval of the proposed Zoning Ordinance Amendment and the Zone Change, the proposed Target would meet the Development Code standards for the DTV zone. (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, which is 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. As shown in the Mitigation Measures of the attached Environmental Impact Report (EIR), and the attached Conditions of Approval, the proposed design, location, size and operating characteristics of the Target department store will be compatible with the existing and future land uses in the vicinity. The proposed exterior design includes varying heights, setbacks, and wall articulation. The proposed location, in the DTV zone would provide an anchor retail use for the north end of the Downtown District and would support future transit—oriented development in this location. The proposed size and operating characteristics of the large retail use are consistent with the urban form recommendations of the General Plan and with the Mitigation Measures of the DEIR, the use will benefit the community. The operating characteristics of the proposed Target Department Store include truck delivery operations between 4:00 a.m. and midnight. The trucks will not have audible back-up signals. The Noise and Vibration Section of the EIR has determined that the decibel level of noise from the loading docks, both during daytime and nighttime hours, will not exceed the allowable levels of the Development Code, primarily due to construction of a sound wall between the loading dock area and San Gabriel Avenue. Another operating characteristic of public concern is the need to prevent shopping carts from leaving the site. Condition of Approval #A5 will require the Target Department Store to incorporate a cart -locking system to retain the carts on the project site. ORANGEIEHULLW9158.1 0 0 (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 subject site is physically suitable for the type, density and intensity of the propose use. The site has access to the proposed parking area from Azusa Avenue, Ninth Street and San Gabriel Avenue and the parking area will provide the required amount of parking. In addition, a Traffic Study was conducted in conjunction with the EIR. This Traffic Study was reviewed and approved by the City Engineer. The Traffic Study addressed the seasonal parking impact of the proposed Target Department Store and determined that based on the provided amount of parking and the existing public parking lot and street parking, that the parking demand would be met. The Traffic Study also reviewed the proposed truck delivery route, entering from San Gabriel Avenue and exiting north onto Azusa Avenue. This proposed route was also reviewed by the Metro Gold Line Foothill Extension Authority and the Public Utilities Commission. Per their requirements, this was the preferred truck route to avoid the possibility of a delivery truck constraining any train movement on the existing railroad tracks. The impact of additional vehicular traffic generated by the proposed project on existing intersections was also included in the Study. It was determined that the intersection of Ninth Street and Azusa Avenue; Foothill Boulevard and Azusa Avenue, and First Street and Azusa Avenue would all be somewhat effected by the new construction. Condition of Approval #F27, F28 & F38 and Mitigation Measures TPI & TP2 has been included to ensure that additional impacts to these intersections be mitigated. The proposed project site is a developed parcel without physical constraints and utilities are already present at the project site. (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. With the implementation of the mitigation measures of the EIR and the attached Conditions of Approval, granting the Use Permit to allow a retail use with over 50,000 square feet in floor area would not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons property ORANGEEHULL49158.1 0 0 or improvements in the vicinity and zoning districts of the project site. The proposed Target Department Store will benefit the community and will contribute to the revitalization of the Azusa Downtown. The project provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community. Landscaping, wall articulation, varying building heights and the arched opening on the ground floor leading to the street -level parking, combine with second floor setbacks and decorative wall detail to provide architectural design, building massing and scale appropriate to the site surroundings and community. 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 4"' day of August, 2008. -,-9__a_4Z seph R. Rocha, Mayor ATTES Vera Mendoza, City Clerk I HEREBY CERTIFY that the foregoing Resolution No. 08-C69, was adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 4h 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 ABSTA COUNCILMEMBERS: NONE Vera Mendoza, City Clerk APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney ORANGBEHUL 49158.1