HomeMy WebLinkAboutF- 5 Resolution Denying a Request for Certificate of Public Convenience and Necessity Submitted by Diamond Yellow CabRESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF
AZUSA, CALIFORNIA, DENYING A REQUEST FOR
CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY SUBMITTED BY DIAMOND YELLOW CAB
WHEREAS, Section 82-66 of the Azusa Municipal Code generally provides that no
person shall engage in the business of providing taxicab service in the city without obtaining a
certificate of public interest, convenience and necessity and complying with the provisions of the
Azusa Municipal Code; and
WHEREAS, the City received a request for the issuance of a certificate of public
interest, convenience and necessity from Diamond Yellow Cab located at 4155 N. Maine Avenue,
Baldwin Park, California 91706 ("Application"); and
WHEREAS, in accordance with Section 82-66, 82-66 and 82-70 of the Azusa
Municipal Code, the City Council of the City of Azusa held a public hearing on the Application on
January 21, 2003, wherein the applicant and all interested persons were provided an opportunity to
comment; and
WHEREAS, at the conclusion of the public hearing, the City Council directed staff to
prepare a resolution of denial for the Application that is based upon the findings contained herein;
and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES FIND AND DECLARE THAT:
SECTION 1. Denial of Application. The City Council of the City of Azusa hereby
denies the Application and makes the following findings in support of the denial in accordance with
Section 82-71:
A. The Application is not in the form and does not contain the information
required to be contained by the Azusa Municipal Code. The vehicle
registration information provided by the applicant reveals that additional
corporate entities are involved in the ownership of the company. The lack of
this information does not comply with Section 82-67(1). Further, the
certificate of insurance submitted with the application has expired. A valid
insurance certificate is a prerequisite for issuance pursuant to Section 82-69.
B. There are already a sufficient number of taxicabs and other automobiles for
hire operating in the City and the granting of an additional certificate would
unduly congest traffic and interfere with the free use of the public streets.
Complaints were received during the public hearing and at other times from
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the residents that taxicabs congregate and park in residential neighborhoods.
Approval of an additional taxicab operator would exacerbate that problem.
Further, there was no evidence was presented to conclude that the citizens of
Azusa are being provided with inadequate taxicab services.
SECTION 3. Effective Date. This Resolution shall become effective upon its
adoption.
PASSED, APPROVED AND ADOPTED this 3rd day of February 2003.
Cristina Cruz -Madrid
Mayor
ATTEST:
Vera Mendoza
City Clerk
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