CC - 1979-30 - Denying Conditional Use Permit No 79-13RESOLUTION NO.79-30
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD DENYING CONDITIONAL USE
PERMIT NO. 79-13 (EL GALLO DE ORO)
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY
RESOLVE, DETERMINE AND FIND:
SECTION 1. Application was made to the Planning De-
partment o the City of Rosemead for a conditional use permit,
pursuant to Municipal Code § 9180 et seq. for property located
at .9133 E. Valley Boulevard, Rosemead, California. Said con-
ditional use permit application requests approval of such loca-
tion, commonly known as E1 Gallo de Oro, for the sale of beer
and wine pursuant to Municipal Code § 9181.1(20).
SECTION 2. On April 2, 1979, the Planning Commission
of the City of Rosemead conducted a public hearing in the Council
Chambers of Rosemead City Hall, 8838 E. Valley Boulevard, Rosemead,
California. Notice of the time, date, place and purpose of the
aforesaid hearing was given according to law and, upon such date,
all competent evidence, both written and oral, was received by the
Commission.
SECTION 3. On April 16, 1979, the Planning Commission of
the City of-Rosemead adopted Resolution No. 79-13 denying a con-
ditional use permit to the subject location.
SECTION 4. On May 22, 1979, a hearing was held on appeal
to the City Council of the City of Rosemead. Said hearing was
conducted in the Council Chambers of Rosemead City Hall, 8838 E.
Valley Boulevard, Rosemead, California, at the hour of 8:00 p.m.
Notice of the time, date, place and purpose of the aforesaid
hearing was given according to law and, upon such date, all com-
petent evidence, both written and oral, was received by the
Council.
SECTION 5. The City Council finds and determines that:
(1) A negative declaration was prepared in compliance
with the California Environmental Quality Act, the guidelines
for implementation of said Act, and Rosemead Resolution No. 75-28.
(2) The proposed project is not deemed essential or
desirable to the public convenience because then:,exists is the
immediate neighborhood, a number of beer bars well in excess of
the number necessary to serve the local community. The concen-
tration of such facilities in the immediate vicinity of the subject
property actually createsc,a-negativeCeffect on adjacent residential
neighborhoods well in excess of the convenience provided.
(3) The proposed location is adjacent.to a residential
neighborhood and lacks external amenities and is configured in
such a way as to provide no buffer between adjacent residential
properties and the subject location. The testimony concerning
noise, damage to private property, disturbances to the surrounding
residential neighborhood and a long and protracted history of
threats, disturbances and other activity not conducive to a stable
residential environment renders the subject location a nuisance,
not a benefit to the health and welfare of the surrounding community.
l J ~ •
(4) The proposed project will be detrimental to
surrounding property values and to the general welfare of
nearby residences.
SECTION 6. The findings set forth hereinabove and
the conclusions of this Resolution are based upon the staff
reports received into evidence for the Planning Commission and
City Council, all testimony as received by the Planning
Commission and City Council at the above-mentioned hearing
dates, all written testimony received at such hearings, and
such other evidence, documentary, verbal and graphic as was
introduced at both hearings, all such evidence being incor-
porated by reference into this resolution and expressly made
a part hereof.
SECTION +7. Based upon the aforementioned findings,
the City Council of the City of Rosemead hereby denies a
conditional use permit to the above-mentioned property for the
sale of beer and wine in conjunction with a bar known as E1
Gallo de Oro.
SECTION 8. This action shall become final and
effective upon approval by the City Council and execution
by the Mayor.
SECTION 9.. The City Clerk of the City of Rosemead
shall certi y~ adoption of the resolution, shall trans-
mit copies of same to the applicant and to the Alcoholic
Beverage Commission.
1979.
PASSED, APPROVED and ADOPTED this.12th day of June
MAYOR THE CITY/-OF ROSEMEAD
ATTEST:
CITY CLERK
a
STATE OF CALIFORNIA ) ss.
COUNTY OF LOS ANGELES )
I, Ellen Poochigian, City Clerk of the City of
Rosemead, California, do hereby certify that the foregoing
Resolution was duly adopted by the City Council at a regular
meeting held on the 12th day of June , 1979, and the
same was passed and adopted by the following vote:
AYES: Councilmen Hunter, Cichy, Imperial, Tury & Mayor Taylor
NOES: None
ABSENT: None
ABSTAIN: None
ELLEN POOCHIGI , City Clerk.
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