HomeMy WebLinkAbout1993 020 CC RESO1993 020 CC RESO (Ìì ¹ ÿ RESOLUTION NO. 93-20
A RESOLUTION OF THE CITY COUNCIL
APPROVING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, A DEVELOPMENT
PLAN TO PERMIT DEVELOPMENT WITHIN THE
SIERRA VISTA OVERLAY ZONE AND A
CONDITIONAL USE PERMIT ALLOWING A
DRIVE-THRU IN CONJUNCTION WITH A FAST
FOOD RESTAURANT APPLICANT: JACK IN
THE BOX; CASE NUMBERS DR-6 AND
CP-515; LOCATION: 3188 BALDWIN PARK
BLVD.).
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Baldwin
Park does hereby find, determine, and declare as follows:
a) That applications Applications") for a
Development Plan and a Conditional Use Permit Permit")
was submitted by the owner of certain real property,
located at 3188 Baldwin Park Blvd., in the City of
Baldwin Park, described more particularly in the
Application on file with the City Planner Planner");
and
b) That the Applications were sought to allow new
development within the Sierra Vista Overlay Zone and a
vehicular drive-thru in conjunction with a fast food
restaurant Sections 17.29.030 and 17.21.030.H
respectively of the City's Code); and
c) That the Planning Commission, on January 27,
1993, conducted a duly noticed public hearing and voted
to recommend approval of the said Applications to the
City Council; and
d) That the City Council conducted a duly noticed
public hearing on the said Applications on February 17,
1993, and based upon the evidence presented including
applicable staff reports and each member of the City
Council being familiar with the subject property, it was
determined that the facts required pursuant to the
provisions of such Application are present and that the
Development Plan and the Permit should be granted,
subject to the terms of this resolution.
SECTION 2. That the City Council does hereby adopt the
following Findings of Fact applicable to the Permit.
a) That the 22,266 square foot site with
approximately 140 feet of street frontage along Baldwin
Park Blvd. and 120 feet of street frontage along
Francisquito Ave. is of adequate size and shape to
accommodate the proposed use; and
b) That the site has sufficient access to
Baldwin Park Blvd., a major four lane arterial and
Francisquito Avenue a collector street respectively as
designated by the City's General Plan, which are of
adequate width and pavement to carry the quantity and
quality of traffic generated by the proposed use; and
c) That the proposed use will eventually become
part of a larger scale shopping center as a restaurant
BIB]
37650-U01
1993-U02
020-U02
CC-U02
RESO-U02
LI3-U03
FO1126-U03
FO1127-U03
DO1718-U03
C6-U03
RESO-U03
10/10/2001-U04
ADMIN-U04
RESO-U05
93-20-U05
FEB-U05
17-U05
1993-U05
1993 020 CC RESO (Ìì ¹ ÿ Resolution No. 93-20
Page 2 of 3
pad'; however, phase one which encompasses the proposed
fast food restaurant will have sufficient buffering from
the currently existing single family residences on the
adjacent properties so the use will not propose any
adverse effects on surrounding properties; and
d) That the proposed use is in conformance with
the General Plan of the City of Baldwin Park.
SECTION 3. That the Development Plan and Permit be and
hereby are, granted, subject to the following conditions:
a) That the subject property shall be developed
and maintained in accordance with Exhibit A' dated
February 17, 1993; and
b) That, pursuant to Fish and Game Code Section
711.2, the project will have a de minimis impact on fish
and wildlife and that a $25.00 administrative fee must
be submitted to the Planning Division made payable to
the Los Angeles County Clerk) for filing the Certificate
of Fee Exemption with the County Clerk; and
c) That a detailed Landscape and Irrigation plan
shall be submitted to the Planning Division for review
and approval during the Plan Check phase of this
project; and
d) That all signs shall require separate permits
and fees; signs shall be subject to review by the Design
Review Committee and shall be compatible with the
architecture of the building; and
e) That a minimum ten 10) foot street side yard
setback shall be maintained along Baldwin Park Blvd. and
Francisquito Avenue; and
f) That all parking stalls not abutting a
structure shall be at least eight and one-half 8.5)
feet in width and eighteen 18) feet in length,
otherwise the stall width shall be ten and one-half
10.5) feet in width; and
g) That all utilities to the project shall be
placed underground; and
h) That the applicant shall cooperate fully with
owners of future developments on properties contiguous
to the subject property so as to integrate the subject
property and adjacent properties within the Specific
Plan Area. In this respect, the applicant shall:
i) Remove perimeter walls along the southwest
and northeast property lines when construction
related to SP 93-1 begins on adjacent contiguous
parcels; and
ii) Enter into an agreement for reciprocal
access and parking with owners developing adjacent
contiguous parcels in accordance with SP 93-1; and
iii) Make all necessary improvements to redesign
the parking area so that drive isles of the subject
property and new development on adjacent contiguous
parcels are connected.
i) That the applicant shall sign a notarized
Maintenance of Landscaping Agreement; and
j) That the applicant shall comply with all
conditions of approval within six 6) months after the
date of City Council approval or DR-6 and CP-515 shall
BIB]
37650-U01
1993-U02
020-U02
CC-U02
RESO-U02
LI3-U03
FO1126-U03
FO1127-U03
DO1718-U03
C6-U03
RESO-U03
10/10/2001-U04
ADMIN-U04
RESO-U05
93-20-U05
FEB-U05
17-U05
1993-U05
1993 020 CC RESO (Ìì ¹ ÿ Resolution No. 93- 20
Page 3 of 3
become null and void and will be subject to revocation.
Any cost associated with the revocation of these permits
shall be paid by the applicant and/or owner; and
k) That the applicant shall sign a notarized
affidavit within twenty 20) days of the date of the
City Council resolution, stating that the applicant has
read and accepts all of the conditions of approval.
SECTION 4. That the City Council relied upon the evidence
presented at the public hearing in making the above Findings of Fact,
and in reaching the conclusion that the Development Plan and the Permit
should be approved.
SECTION 5. That the City Clerk shall certify to the
adoption of this resolution and shall forward a copy thereof to the
Secretary of the Planning Commission and to the Applicant.
APPROVED AND ADOPTED ON FEBRUARY 17, 1993
MAYOR
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES)
CITY OF BALDWIN PARK)
I, Linda L. Gair, City Clerk of the City of Baldw n 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 February 17, 1993, by the
following vote:
AYES COUNCILMEMBER IZELL MARTINEZ MCNEILL MAYOR VARGAS
NOES COUNCILMEMBER NONE
ABSENT COUNCILMEMBER GALLEGOS
ABSTENTION COUNCILMEMBER NONE
BIB]
37650-U01
1993-U02
020-U02
CC-U02
RESO-U02
LI3-U03
FO1126-U03
FO1127-U03
DO1718-U03
C6-U03
RESO-U03
10/10/2001-U04
ADMIN-U04
RESO-U05
93-20-U05
FEB-U05
17-U05
1993-U05