HomeMy WebLinkAbout1996 007 CC RESO1996 007 CC RESO (Ìì ³ F RESOLUTION NO.96-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK APPROVING, ON APPEAL, A CONDITIONAL USE PERMIT
ALLOWING A PIZZA RESTAURANT WITH BILLIARDS AND A ZONE
VARIANCE TO ALLOW LESS THAN THE MINIMUM NUMBER OF
PARKING STALLS APPELLANT: JESUS MEDINA; CASE NO.: CP-539 &
ZV-624; LOCATION: 14362 RAMONA BOULEVARD).
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 the applications Applications") for a conditional use permit Permit") and
zone variance Variance") were submitted on behalf of the owner of certain real property,
located at 14362 Ramona Boulevard, in the City of Baldwin Park, described more particularly
in the Application on file with the City Planner Planner"); and
b) That the Permit was sought to allow a pizza restaurant with billiards, pursuant to
Section 153.167.Q of the City Code, and the Variance was sought to allow less than the
minimum number of oft-site parking stalls for a restaurant pursuant to Section 153.356 of the
City Code; and
c) That, on December 13,1995, a duly noticed public hearing was held on the
above said Applications by the Planning Commission, and based upon the evidence
presented, including applicable staff reports and each member of the Commission being
familiar with the property, it was determined that the facts required pursuant to the provisions
of the Baldwin Park Zoning Code for the granting of the Permit and Variance were not present
and that the Permit and Variance should be denied.
d) That the Planning Commission denied said Applications subject to the provisions
of Planning Commission resolution PC 95-21; and
e) That a timely appeal was filed, appealing the Planning Commission's decision to
the City Council; and
f) That, a duly noticed public hearing was held on the above said Applications by the
City Council, and based upon the evidence presented, including applicable staff reports and
each member of the Council being familiar with the property, it was determined that the facts
required pursuant to the provisions of the Baldwin Park Zoning Code for the granting of a
conditional use permit and zone variance were present and that the Permit and Variance
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 site is adequate in size and shape to accommodate the use of the
property as a restaurant with billiards when the adjacent public parking facilities are taken into
consideration; and
b) That the site has sufficient access to Ramona Blvd. and Pacific Ave., which are
adequate in width and pavement type to carry the quantity and quality of traffic generated by
the proposed use, and that access to the adjacent public parking facilities is available via
Maine Ave. and Sterling Way; and
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1996 007 CC RESO (Ìì ³ F Resolution No.96-7 Page 2 of 4
c) That the proposed use will not have an adverse effect upon uses adjacent to the
subject property, because of the operational and security measures that are incorporated into
this CUP as conditions of approval, and the fact that the subject property is located across the
street from the City Police Department; and
d) That the proposal is consistent with the Goals and Policies of the City's General
Plan in that it will be a community oriented retail and entertainment use which should help to
revitalize the Central Business District; and
e) That there are exceptional and extraordinary circumstances related to the subject
property in that it is located within a uniquely situated commercial block where parking is
provided primarily by City-owned facilities and that none of the commercial parcels within this
block of Ramona Blvd. contain the Code required number of on-site parking spaces; and
f) That approval of the variance is necessary for the preservation of a property right
possessed by the properties located within this block of Ramona Blvd, but would be denied
to this particular property if the variance is denied; and
g) That the granting of the variance will not be detrimental to the public welfare or
injurious to adjacent properties as the applicant will make every reasonable effort to
encourage customers to park in the rear parking lots; and
h) That granting the variance will not adversely affect the general plan.
SECTION 3. That the Conditional Use Permit and Zone Variance be, and the same are hereby
granted, subject to the following conditions:
a) That the site shall be developed and maintained in substantial compliance with
Exhibit A" dated January 17,1996; and
b) That two 2) security cameras shall be installed and maintained within the facility;
and
c) That the tapes from both cameras shall be retained and available for viewing by
the City Police Department for a minimum of seven 7) days; and
d) That a security guard shall be stationed within the premises between the hours of
6:00 p.m. to closing seven 7) days per week at a minimum; and
e) That the maximum hours of operation shall be 10:30 a.m. to 11:30 p.m. Monday
through Thursday and 10:30 a.m. to 1:30 a.m. Friday through Sunday; and
f) That signs shall be posted at the front entrance and near the cashier noting the
rules of the facility as follows:
1. No Gambling at any time.
2. No Loitering at any time.
3. No one under the age of 18 will be allowed after 10:00 p.m.
4. No alcoholic beverages are served and no alcohol may be
consumed on the premises.
5. If any of these rules are broken, the person(s) will be told to leave
the premises. To be enforced by staff as well as the security guard.
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g) That the employees of the facility shall require customers to provide identification
after 10:00p.m. in order to enforce the City curfew; and
h) That the distance between billiards tables shall be at least 4' 6" and 5' 8" between
tables and walls; and
i) That the applicant shall remove and reconstruct raised pavement at the rear
parking lot; and
j) That the applicant shall remove and reconstruct the damaged or raised curb at the
rear parking lot; and
k) That the applicant shall install a NO LEFT TURN" sign in the rear paring lot. The
precise location shall be determined by the Engineering Division; and
I) That the applicant shall post signs at the entrances which itemize the facility's dress
code and notify patrons that the dress code will be strictly enforced; and
m) That all exterior signs shall be subject to design review and require a separate
permit; and
n) That the applicant shall make the rear entrance the main" entrance and shall
install an illuminated business identification wall sign adjacent to the rear entrance; and
o) That the applicant shall post a sign near the front entrance advising customers to
use the rear parking lot; and
p) That alcoholic beverages shall not be allowed within the facility, including the
outside seating area; and
q) That the conditional use permit shall be subject to a one year time frame
commencing with the date of this resolution except that the applicant may submit an
application for a renewal of this conditional use permit prior to the expiration of the one year
time limit. In the event that the applicants file a new application prior to the expiration of the one
year time limit, the current time limit shall automatically be extended until the new application
has been decided by the Planning Commission at a public hearing or by the City Council on
appeal; and
r) That the applicant shall comply with all conditions of approval within six 6) months
after the date of the Certificate of Occupancy or CP-539 & ZV-624 shall become null and void
and will be subject to revocation. Any cost associated with the revocation of the conditional use
permit shall be paid by the applicant and/or owner; and
s) That the applicant shall sign a notarized affidavit within forty 40) days of the date
of this resolution, stating that the applicant has read and accepts all of the conditions of
approval.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution and forward a copy
hereof to the Secretary of the Planning Commission.
PASSED AND APPROVED ON January 17 1996.
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1996 007 CC RESO (Ìì ³ F Resolution NO.96-7 Page 4 of 4
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 January 17.1996 by the following vote:
AYES COUNCILMEMBER MARTINEZ. LOWES. LOZANO, MUSE, MAYOR VARGAS
NOES COUNCILMEMBER NONE
ABSENT COUNCILMEMBER NONE
ABSTAIN COUNCILMEMBER NONE
LINDA L GAIR, CITY CLERK
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