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HomeMy WebLinkAbout1991 077 CC RESO1991 077 CC RESO(Ìì¼ù RESOLUTION NO. 91-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING A CONDITIONAL USE PERMIT TO ALLOW A PROCESSING CENTER FOR RECYCLABLES APPLICANT: WASTE MANAGEMENT OF POMONA/SAN GABRIEL VALLEY; LOCATION: 5170 COMMERCE DRIVE, BALDWIN PARK, CALIFORNIA 91706 CASE NO.: CP-505). WHEREAS, an application for a conditional use permit was submitted on behalf of the owner of certain real property, located at 5170 Commerce Drive, in the City of Baldwin Park, described more particularly in the application on file with the City Planner; and WHEREAS, the application was to allow a processing center for recyclables within the Industrial Zone; and WHEREAS, on August 28, 1991, the Planning Commission held a duly noticed public hearing on and voted to approve the application; and WHEREAS, Baldwin Industries properties, Ltd. filed a timely appeal of the Planning Commission's decision to the City Council; and WHEREAS, a duly noticed public hearing was held on said application and appeal by the City Council on October 2, 1991. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: FINDINGS. Based upon the evidence presented, including applicable staff reports and each member of the City Council being familiar with the property, it is hereby determined that the applicant has failed to show, to the reasonable satisfaction of the City Council, that the proposed project will not have an adverse affect upon uses adjacent to the subject property in that: 1) Adjacent properties have been transformed from abandoned junk yards, abandoned truck repair facilities, and from dumping grounds for refuse and trash into commercial and industrial warehouse-type buildings with tenants such as Alcoa, Bell & Howell, Federal Express, Gerber, TRW, Taylor Corp., and Home Savings of America. Many of these tenants face Commerce Drive. The proposed use would allow close to 50 daily refuse truck trips via Commerce Drive to the facility, where refuse and trash would be dumped, sorted, compacted and baled into various categories, and then shipped in refuse trucks to recycling facilities and dumps. Such a use with the concomitant presence of refuse trucks along Commerce Drive would be inconsistent with the adjacent high-quality industrial park in terms of noise, traffic, aesthetics and image. BIB] 37650-U01 1991-U02 077-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2039-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-77-U05 OCT-U05 2-U05 1991-U05 1991 077 CC RESO(Ìì¼ù Resolution No. 91-77 Page Two 2) Although the proposed use is technically in conformance with the Land Use Element of the General Plan, it is not otherwise consistent with the General Plan in that it does not serve the public health, safety, or welfare to approve a use which will have a negative and adverse impact on the light industrial uses in the area and upon the high-quality industrial park development known as Baldwin Commerce Center. SECTION 2: DENIAL OF PERMIT. Conditional Use Permit CP-505 is therefore denied without prejudice. Because of this denial, the City Council makes no determination with regard to the negative declaration for this project other than to disapprove the conclusions therein that there are minimal potential adverse impacts from the proposed use on adjacent properties. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and shall forward a copy hereof to the Secretary of the Planning Commission and to the applicant. PASSED, APPROVED and ADOPTED this 2nd day of October, 1991. STATE OF CALIFORNIA COUNTY OF LOS ANGELES) as. CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution was approved and adopted at a regular meeting of the City Council on the 2nd day of October, 1991, by the following roll call vote: AYES COUNCILMEN MCNEILL, MAYOR LOWES, KEYSER NOES COUNCILMEN GALLEGOS, IZELL ABSENT COUNCILMEN NONE ABSTAIN COUNCILMEN: NONE BIB] 37650-U01 1991-U02 077-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2039-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-77-U05 OCT-U05 2-U05 1991-U05