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HomeMy WebLinkAbout1997 006 CC RESO1997 006 CC RESO(Ìì·D RESOLUTION 97-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY CP- 554. WHEREAS, an application for a conditional use permit CP-554) was submitted on behalf of Jose Luis Padilla, the business owner at 3723 Baldwin Park Boulevard! in the City of Baldwin park, described more particularly in the application on file with the Planning Division; and WHEREAS, the application is to have the off-site sales of beer and wine in conjunction with a mini-market; and WHEREAS, on November 13,1996, the Planning Commission held a duly noticed public hearing and voted to deny this application; and WHEREAS, Jose Luis Padilla filed a timely appeal of the Planning Commission's decision to the City Council; and WHEREAS, a duly noticed public hearing on said appeal was held by the City Council on February 5, 1997; and HOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. Findings of Fact applicable to all conditional use Permits. Based upon the evidence presented, including applicable staff reports and each member of the City Council being familiar with the property, it is hereby determined that the applicant has failed to show, that the proposal meets all of the Findings of Fact applicable to all conditional use permits. A. That the site for the proposed use is adequate in size and shape too accommodate the proposed use as the property contains approximately 1.25 acres 54,597 square feet) of lot area; and B. That the site has sufficient access to street and highways adequate in width and pavement to carry the quantity and quality of traffic generated by the proposed use as the subject property has access to Baldwin Park Boulevard a major arterial and Merced Avenue, a collector street as designated by the City's General Plan; and C. That the proposed use will have an adverse impact upon uses adjacent to the subject property as problems resulting from the sale of alcoholic beverages such as public intoxication would increase; and D. That the proposed use is in conformance with The General Plan of the City of Baldwin Park. SECTION 2. Findings of Fact applicable to alcoholic beverage sales. Based upon the evidence presented, including applicable staff reports and each ember of the City Council being familiar with the property, it is hereby determined that the applicant has failed to show, to that the proposal meets all of the Findings of Fact applicable to alcoholic beverage sales. A. That the requested use at the proposed location is sufficiently buffered in relation to any abutting residentially zoned property so as not to adversely affect the residential areas; and BIB] 37650-U01 1997-U02 006-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1359-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-6-U05 FEB-U05 5-U05 1997-U05 1997 006 CC RESO(Ìì·DResolution No.97- 6 Page2 of3 B. That the exterior appearance of the property, including, but not limited to landscaping and architectural treatment of the building will detract from the character of the surrounding neighborhood, and, as necessary will not improve upon the character of the surrounding neighborhood with exceptional design characteristics as the applicant is not proposing any changes to the exterior of the building; and C. That the proposed use could result in additional criminal activity, therefore, requiring additional Police services if the conditional use permit is granted. The City's Police Department is of the opinion that alcoholic beverage sales will further aggravate the problems already associated with this site. SECTION 3. That the City Council relied upon the Administrative Records, and the evidence presented at the public hearing, in making the Findings of Fact, and in reaching the conclusion that the appeal should be denied. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and shall forward a copy hereof the Planning Division and to the applicant. APPROVED AND ADOPTED on February 5,1997. ATTEST: MAYOR LINDA L. GAIR, CITY CLERK BIB] 37650-U01 1997-U02 006-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1359-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-6-U05 FEB-U05 5-U05 1997-U05 1997 006 CC RESO(Ìì·DResolution No.97- 6 Page 3 of 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES} SS. CITY OF BALDWIN PARK I, LINDA L GAIR, City Clerk of the 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 a regular meeting of the City Council on February 5,1997, by the following vote: AYES: COUNCIL MEMBERS LOZANO, MUSE, LOWES, AND MAYOR VARGAS NOES: COUNCIL MEMBERS NONE ABSTAIN: COUNCIL MEMBERS NONE ABSENT: COUNCIL MEMBERS NONE LINDA L GAIR, CITY CLERK BIB] 37650-U01 1997-U02 006-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1359-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-6-U05 FEB-U05 5-U05 1997-U05