HomeMy WebLinkAbout1991 005 CC RESO1991 005 CC RESO (Ìì ¼ ¯ RESOLUTION NO. 91-5
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK DENYING
APPEAL OF AN ORDER TO ABATE THE
DISPENSING OF DIESEL FUEL AT AN
EXISTING SERVICE STATION APPELLANT:
CALIFORNIA TARGET ENTERPRISES;
LOCATED: 3202 BALDWIN PARK BOULEVARD;
CASE NO.: OA-4)
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds as follows:
A. On or about September 21, 1988, the City Council
adopted Ordinance No. 997 establishing development standards for
service stations that dispense diesel fuel. Prior to the passage
of Ordinance No. 997, most service stations in the City which
dispensed diesel fuel were located on lots which were not large
enough to accommodate large diesel trucks, which resulted in
on-site and/or off-site traffic congestion, conflicts with
pedestrians using sidewalks, and other problems related to the
operation of the service stations. Consequently, Ordinance No.
997, which became effective on November 18, 1988, required
service stations that dispensed diesel fuel to contain at least
20,000 square feet of lot area in order to mitigate any
congestion/conflict problems. Existing service stations which
did not meet the minimum lot size requirement were given 180 days
from the effective date of the Ordinance until May 18, 1989) to
discontinue dispensing diesel fuel.
B. On or about October 31, 1188, the City notified
California Target Enterprises Appellant"), which was operating
a service station dispensing diesel fuel at 3202 Baldwin Park
Boulevard the Site") of the new standards and that service
stations with less than 20,000 square feet would be required to
discontinue dispensing diesel fuel by May 18, 1989.
C. Because Appellant failed to discontinue dispensing
diesel fuel by May 18, 1989, the Director of Community Services
issued an order of abatement on May 26, 1989/instructing
Appellant to immediately discontinue dispensing diesel fuel.
Appellant timely filed an appeal of the order to the Baldwin Park
Planning Commission.
D. The Planning Commission on July 26, September 13, and
October 11, 1989 conducted duly noticed public hearings on said
appeal and ultimately denied the appeal and ordered the abatement
of the dispensing of diesel fuel at the Site.
E. The case was subsequently appealed to and heard by the
City Council on December 20, 1989. The Council referred the case
back to the Planning Commission for further study. After further
study, the Planning Commission on December 12, 1990 conducted
another duly noticed public hearing on the appeal and based upon
the evidence, including applicable staff reports, testimony, and
evidence presented at the public hearing, determined that the
appeal should be denied and the use should be abated. Appellant
again appealed this decision to the City Council.
F. On January 16, 1991, a duly noticed public hearing was
held on said appeal by the City Council, and based on the
evidence presented, including applicable staff reports,
testimony, and evidence presented at the hearing, the following
determinations of fact were made by the City Council:
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1991 005 CC RESO (Ìì ¼ ¯ RESOLUTION NO.91-5 Page 2 of 3
1. Diesel fuel is currently being dispensed at the Site
by Appellant;
2. The Site contains less than 20,000 square feet of
area, containing approximately 9,766 square feet of
lot area. Although Appellant's site, is located
adjacent to a shopping center property owned by the
same person who owns the Site, the Site is a
separate legal lot, operating under an existing
conditional use permit which applies only to the
Site CP- 170). Further, the Site is also adjacent
to a parcel to the southeast developed with a
coin-operated car wash. The car wash business,
however, is not a part of the service station
operation and is not being operated by Appellant.
Moreover, the resolution approving the CUP CP-170)
Planning Commission Resolution No. 71-68) allows
the subject service station only on the Site
Assessors Parcel 13), and not on the adjacent car
wash site Parcel 12).
3. Even were the car wash site included as part of the
service station site, the property lot size of the
Site would still fall short of the ordinance's
requirement for a 20,000 square foot minimum lot, in
that the property would only amount to 19,660 square
feet.
4. Appellant currently serves, and in the past has
served,large diesel trucks. Moreover, its location
at the northeast corner of Baldwin Park Boulevard
and Francisquito Avenue places the site on two
approved truck routes. Consequently, merely
limiting Appellant to dispensing diesel fuel to
small trucks and automobiles would b& ineffective
and would create an unreasonable
enforcement/administrative burden upon: the City.
Total prohibition of the dispensing of diesel fuel
is required to effectively eliminate the public
burdens and hazards sought to be addressed by
Ordinance No. 997.
G. Based upon the evidence presented, the City Council
finds that the property on which the service station is located,
as approved by Conditional Use Permit CP-170), contains less
than 20,000 square feet of lot area and, therefore, is in
violation of Section 17.36.035 of the City LCode and that
dispensing of diesel fuel shall be abated in the time and manner
hereinafter set forth.
SECTION 2. The dispensing of diesel fuel at the Site shall
be abated in the following time and manner:
Within thirty 30) days from January 16, 1991,
Appellant shall empty all underground tanks of
diesel fuel and shall discontinue the dispensing of
diesel fuel at the Site from and after February 15,
1991.
SECTION 3. The City Clerk shall certify to the adoption of
this Resolution and shall cause a copy of said to be served upon
the Appellant.
PASSED AND APPROVED this 6th day of February 1991.
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1991 005 CC RESO (Ìì ¼ ¯ RESOLUTION NO. 91-5 Page 3 of 3
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
CITY OF BALDWIN PARK
I, Linda L. Gair City Clerk of the City of Baldwin
Park, do hereby certify that the foregoing Resolution No. was
duly adopted by the City Council and signed by the Mayor of said
City at a meeting held on the 6th day of February 1991; and that
the same was passed by the following vote, to-wit:
AYES: IZELL,GALLEGOS KEYSER,MCNEILL,MAYOR LOWES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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