CC - 1990-73 - Denying Conditional Use Permit 90-500 to 9016 Mission Drive0
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RESOLUTION NO. 90- 73
FOLLOWS:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD DENYING CONDITIONAL USE PERMIT 90-500 TO
ALLOW THE SALE OF BEER AND WINE IN CONJUNCTION
WITH AN EXISTING RESTAURANT LOCATED AT 9016
MISSION DRIVE.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS
Section 1. The City Council finds, determines and declares as
follows:
A. A conditional use permit application requesting beer and wine
in conjunction with an existing restaurant was duly filed by Tai-Huu Huynh and
Le-Hoa Tsuang; and
B. The Planning Commission conducted a duly noticed public
hearing on said application on August 6, 1990; and
C. The Planning Commission denied the application, by unanimous
vote, by the adoption of its Resolution No. 90-47; and
D. The applicant, through a representative, Rod Archer, filed a
timely appeal to the decision of the Planning Commission; and
E. The City Council conducted a duly noticed public hearing on
said application on November 13, 1990.
Section 2. Concerning the merits of the application, the City
Council finds:
A. That the establishment, maintenance or operation of the use
applied for will, under the circumstances of the particular case, be
detrimental to the health, safety, peace, morals, comfort or general welfare of
persons residing or working in the neighborhood thereof and will also be
detrimental or injurious to the property and improvements in the neighborhood
or to the general welfare of the city.
B. That the applicant has not sustained the burden of proof that
no loitering, obstruction of pedestrian traffic, interference with children to
and' from school or church, or the incompatibility of alcohol sales to
surrounding residential homes would occur or be substantially mitigated with
the approval of this request.
C. That the establishment will be detrimental or injurious t'othe
property and improvements in the neighborhood or to the general welfare of the
City.
Section 3. Based upon the foregoing findings, the City Council
hereby denies the application for Conditional Use Permit 90-500.
Resolution
of record.
ATTEST:
Section 4. The City Clerk shall certify to the adoption of this
and shall transmit a copy thereof to the applicant and his attorney
APPROVED and ADOPTED this 27th day of November,/1990
CITY CLERK
I hereby cd4tify that the foregoing Resolution
No. 90-73 was duly and regularly adopted by.the
City Council of the City of Rosemead at a regular
meeting thereof held on the 27th day of November,
1990, by the following vote:
Yes: Taylor, Imperial, Bruesch
No: None Absent: McDonald Abstain: None
C Y CLERK,