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CC- 1989-54 - Denying Conditional use permit 89-446 at 8930 E. MissionRESOLUTION NO. 89-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DENYING CONDITIONAL USE PERMIT 89-446 FOR THE CONSTRUCTION OF A 92-ROOM HOTEL AND 4,000 SQUARE-FOOT RESTAURANT FOR PROPERTY LOCATED AT 8930 E. MISSION DRIVE, ROSEMEAD THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council find, determines and declares as follows: A. An application authorizing a 92-room hotel and restaurant in the C-3 zone at 8930 E. Mission Drive was filed by Lin May Corporation; and B. The Planning Commission conducted a duly noticed public hearing on said application on June 19, 1989; and C. The Planning Commission denied the application, by a majority vote, by the adoption of its Resolution No. 89-46; and D. Lin May Corporation 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 September 12, 1989. Section 2. The City Council finds that: (1) The final EIR has been completed in compliance with CEQA; and (2) The final EIR was presented to the decision-making body of the Lead Agency and that the decision-making body reviewed and considered the information contained in the final EIR prior to denying the project; and Section 3. Concerning the merits of the application, the City Council finds: (a) That the establishment, maintenance, or operation of the use so 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 be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. (b) That the applicant's Economic Feasibility Study failed to address all of the required findings set forth in Section 9181.1.30 of the Rosemead Municipal Code. (c) That the traffic mitigation measures identified in the final EIR failed to adequately avoid or substantially lessen the significant environmental effects resulting from substandard level of service (LOS "E") for the intersection of Rosemead Boulevard and Mission Drive. (d) That the proposed mitigation measure of restriping north and southbound Rosemead Boulevard to include a third travel lane, the applicant failed to address substantial negative effects including: loss of street parking, insufficient accident history on Rosemead Boulevard and adjacent streets, and potential increases in accidents resulting from.the implementation of the restriping plan. Section 4. The City Council finds that based upon the significant adverse effects identified herein, the City Council denies Conditional Use Permit Case No. 88-446 pursuant to Section 15091 of the CEQA guidelines. Section 5. The City Clerk shall certify to the adoption of this resolution and shall transmit a copy thereof to the applicant.and appellant. PASSED, APPROVED and ADOPTED this ATTEST: 26th day f September, i MAYOR 'LLG'G L(/GLv~tifit~ TY'CLERK I A ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ROSEMEAD ) I, Janice Warner, City Clerk of the City of Rosemead, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Rosemead at a regular meeting thereof held on the 26th day of September. 1989 by the following vote: YES: DeCocker, Taylor, McDonald, Bruesch, Imperial NO: None ABSENT: None ABSTAIN: None CI CLERK E-41 (2)