HomeMy WebLinkAbout1984 047 CC RESO1984 047 CC RESO (Ìì ê RESOLUTION NO. 84-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BALCWIN PARK GRANTING APPLICATIONS FOR A
CONDITIONAL USE PERMIT AND A ZONE VARIANCE
APPLICANT: ARCO; CASE NO: CP 399 AND
ZV 493; LOCATION: 13001 FRANCISQUITO AVE.)
THE CITY COUNCIL OF THE CITY OF BAIDWIN PARK DOES
RESOLVE AS FOLLC^S:
SECTICN 1. That the City Council of the City of
Baldwin Park does hereby find, determine and declare, as follows:
a) That the owners of the certain real property
located at 13001 Francisquito Avenue, more particularly
described on Exhibit A" hereinafter Property"),
attached hereto and incorporated herein by this refer-
ence, heretofore made application for a conditional
use permit and zone variance; and
b) That the conditional use permit requested
would allow an automobile service station in
conjunction with a mini-mart operation which would
include the off-sale of alcoholic beverages, to
wit: beer and wine only; and
c) The zone variance as sought would allow an
encroachment in a required yard; and
d) That the Planning Commission considered the
said applications, and denied the same; thereafter the
applicant filed timely appeals appealing each matter
to the City Council;
e) That the City Council conducted duly
noticed public hearings upon said appeals, and
based upon the Administrative Record, on file in
the office of the City Planner, and the oral testi-
mony presented at said hearing, and each Member of
the City Council being familiar with the Property,
it was determined that the zone variance, and the
conditional use permit, as requested, should be
conditionally granted, based upon the findings
hereinafter set forth; and
f) That with reference to the said zone
variance, the City Council makes the following findings:
i) That the zone variance as requested,
if granted, would be consistent with the General
Plan; and
ii) There are exceptional or extraordinary
circumstances or conditions applicable to the
property involved or to the intended use of such
property, which do not generally apply to other
property in the same zone; and
iii) That such variance is necessary for
the preservation and enjoyment of a substantial
property right possessed by other property
similarly situated, but which is denied to the
property in question; and
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1984 047 CC RESO (Ìì ê RESOLUTION NO. 84-47
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iv) That the granting of the variance will
not be materially detrimental to the public
welfare or injurious to the adjacent property; and
g) That with reference to the conditional use
permit, the city Council makes the following findings:
i) That the Property proposed for the
proposed use is adequate in size and shape to
accommodate such a use; and
ii) That the Property has sufficient access
to streets and highways, adequate in width and
pavement type to carry the quantity and quality of
traffic generated by the proposed use; and
iii) That the proposed use will not have
an adverse effect upon uses adjacent to the
subject property; and
iv) That the proposed use is in conformance
with the General Plan.
h) That based upon the foregoing it is clear
that the zone variance and conditional use permit,
as applied for, should be granted, subject to the
conditions hereinafter set forth.
SECTION 2. That the conditional use permit
application and the zone variance application, as hereinabove described,
be, and the same hereby are, granted, subject to the following conditions:
a) That the Property shall be developed
and maintained in substantial compliance with the
applications and Exhibit A", dated May 9, 1984,
except as may be otherwise expressly modified by
the following conditions; and
b) That the Property shall be maintained
in a neat and orderly manner, and shall conform
to all applicable City, State, and Federal laws
and regulations; and
c) That the applicant shall post and
maintain in good repair, in the conspicuous
locations on the Property as approved by the City
Planner signs that give notice as follows:
Possession of Opened Alcoholic Beverage Containers
on These Premises and the Adjacent Public Sidewalks
is Prohibited, BPM3 9.09.010"; and
d) That the applicant shall, within sixty
60) days after adoption of this Resolution r submit
revised plans for review and approval by the
Planning Division which reflect the following
corrections to the plans as submitted: Provide a
minimum of forty 40) square feet of planting area
along both the north and west building facades for
the proposed market; provide a decorative screen
adjacent to the restrocm; relocate the trash
enclosure area so as to maintain a five 5) foot
rear yard area; relocate the loading space so as
to maintain a fifteen 15) foot side yard area
adjacent to a street; provide a trash receptacle
outside of the entrance to the store; and
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1984 047 CC RESO (Ìì ê RESOLUTION NO. 84-47
PAGE THREE
e) That the signage on the Property shall
meet all present City Code requirements; and
f) That the wall on the east lot line be
constructed either of slumpstone or block with a
stucco finish; and
g) That the applicant shall within fifteen
15) days of the date of adoption of this Resolution,
file with the City Planning Division, written
acceptance of all of the conditions of approval set
forth herein/ in a form approved by the City Attorney.
SEOTICN 3. That the City Council relied upon the
Administrative Record, and the evidence presented at the public hearings
in making the above findings of fact, and in reaching the conclusion that
the zone variance and conditional use permit should be conditionally approved,
SECTION 4. That the City Council does hereby approve
and adopt as a result of its said connsiderations, the Negative Declaration
as proposed and does hereby find that the said Negative Declaration has been
prepared and was considered pursuant to the provisions of CEQA, the State
CEQA Guidelines, and the City's Procedures.
SECTION 5. That the City Clerk shall certify the
adoption of this Resolution and forward a certified copy hereof to
the Secretary of the Planning Cornnission and to the applicant. The
City Clerk shall file and post the said Negative Declaration.
PASSED AND APPROVED this 20th day of June, 1984.
ATTEST:
i-^_J^^
L-lMA L. GAIR, TY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BAICWIN PARK
I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby
certify that the foregoing Resolution was duly and regularly approved and
adopted by the City Council of the City of Baldwin Park at its regular
meeting of the City Council on the 20th day of June, 1984, by the following
vote:
AYES: COUNCIMEN KINn, nmqnNr, T7ET.T. AND MAYOR WHTTT1___________________
NOES: COUNCIIMEN M^MRTT.T
ABSENT: OOUNCIIMEN rn^
LINDA L. 0AIR, CITY CLERK
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