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HomeMy WebLinkAbout1993 064 CC RESO1993 064 CC RESO(Ìì¹ã RESOLUTION NO. 93-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN APPEAL OF CONDITION e) OF RESOLUTION PC93-08, THEREBY ALLOWING A HELISTOP IN THE IC, INDUSTRIAL COMMERCIAL, ZONE APPELLANT: JEFF WRIGHT IN-N-OUT BURGER, INC.; LOCATION: 13502 VIRGINIA AVENUE; CASE NO: CP-516) 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 an application Application") for a conditional use permit Permit") was submitted on behalf of the owner of certain real property, located at 13502 Virginia Avenue, in the City of Baldwin Park, described more particularly in the Application on file with the City Planner Planner"); and b) That the Application was sought to allow a helistop in the IC, Industrial Commercial Zone Section 17.25.030.H of the City Code); and c) That on April 28, 1993, the Planning Commission held a duly noticed public hearing on and voted to conditionally approve the Application; and d) That In-N-Out Burger, Inc. filed a timely appeal of condition e) of the Planning Commission's decision to the City Council; and e) That a duly noticed public hearing was held on said Appeal by the City Council, and based upon the evidence presented including applicable staff reports and each member of the City Council being familiar with the Property, it was determined that the appeal of condition e) of the Planning Commission Resolution No. PC93-08 requiring a mandatory one year review should be deleted and that 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; a) That the 8.45 acre site is adequate in size and shape to accommodate the proposed use as the site contains adequate on-site circulation so as not to interfere with the proposed helistop operation; and b) That the site has sufficient access to streets adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use, as the subject property has access to Virginia Avenue; and c) That the proposed helistop will not have an adverse affect upon uses adjacent to the subject property; as the site has been developed to accommodate the proposed use without causing interference with the existing uses. Furthermore, the proposed restrictions on the hours and amount of flights, and the flight routes are adequate to mitigate any negative affects the use may cause; and BIB] 37650-U01 1993-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1127-U03 DO1692-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 93-64-U05 JUN-U05 16-U05 1993-U05 1993 064 CC RESO(Ìì¹ã Resolution No. 93-64 Page 2 of 3 d) That the proposed use is in conformance with the City's General Plan because the development and proposed use are consistent with the City's goals and standards. SECTION 3. That the Conditional Use Permit be, and hereby is, granted, subject to the following conditions: a) That the subject property will be developed and maintained in substantial compliance with Exhibit A" dated April 28, 1993; and b) That the hours of operation for the helistop shall be between 7a.m. and 7p.m.; and c) That a flight log shall be kept by the owner/operator and submitted to the Planning Division ten 10) months after the effective date of this resolution; and d) That the applicant shall gain approvals from pertinent Federal, State, County and Regional agencies, in the event that it is determined to be necessary; and that the applicant shall provide evidence that said approvals have been gained, or that additional approvals are not required, and in particular, the applicant shall provide evidence that the Federal Aviation Administration, Regional Planning Agency acting as the Airport Land Use Commission, and Caltrans Division of Aeronautics have reviewed and approved the project proposal; and e) 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 f) That the applicant shall comply with all conditions of approval within six 6) months after the date of the approval or CP-516 shall become null and void and will be subject to revocation. Any cost associated with the revocation of this Conditional Use Permit shall be paid by the applicant and/or owner; and g) That the applicant shall sign a notarized affidavit within forty 40) days of the adoption of this resolution stating that the applicant has read and accepts all of the conditions of approval. SECTION 4. That the City Council finds the Negative Declaration for this project has been prepared and considered pursuant to, and in accordance with the provisions of CEQA, The State CEQA Guidelines, and the City's procedures. The Negative Declaration is ordered approved and filed. SECTION 5. That the City Council relied upon the Administrative Record, and the evidence presented at the public hearing in making the above Findings of Fact, and in reaching the conclusion *-that the appeal should be approved. SECTION 6. That 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. APPROVED AND ADOPTED THIS 16th day of June. 1993. BIB] 37650-U01 1993-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1127-U03 DO1692-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 93-64-U05 JUN-U05 16-U05 1993-U05 1993 064 CC RESO(Ìì¹ãResolution No. 93-64 Page 3 of 3 MAYOR ATTEST LINDA L. GAIR, CITY CLERK 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 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 June 16. 1993 by the following vote: AYES COUNCILMEMBER MCNEILL, IZELL, GALLEGOS, MARTINEZ, MAYOR VARGAS NOES COUNCILMEMBER NONE ABSENT COUNCILMEMBER NONE ABSTAIN COUNCILMEMBER NONE BIB] 37650-U01 1993-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1127-U03 DO1692-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 93-64-U05 JUN-U05 16-U05 1993-U05