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Home My WebLink About1997 025 CC RESO1997 025 CC RESO(Ìì³¨ RESOLUTION 97- 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO ADOPT THE NEGATIVE DECLARATION, ADOPT THE FINDINGS OF FACT, APPROVE THE NEW 1,456 SQUARE FOOT MINI-MARKET, AND DENY THE REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW OFF-SALE BEER AND WINE. WHEREAS, an application for a conditional use permit CP-560) was submitted Scott Peotter, on behalf of Unocal 76 Products, the business owner at 1606 N. Puente Avenue, in the City of Baldwin Park, described more particularly in the application on file with the Planning Division; and WHEREAS, the application is to allow the oft-site sales of beer and wine in conjunction with a new mini-market at an existing service station; and WHEREAS, on February 26,1997, the Planning Commission held a duly noticed public hearing and voted to deny this application; and WHEREAS, Scott Peotter 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 May 7, 1997; and HOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY 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 is adequate in size and shape to accommodate the proposed use as the site contains adequate on-site circulation and maneuvering to efficiently operate the proposed mini-market at the existing service station: the site contains 22,355 square feet, which exceeds the minimum lot area required for automobile service stations. The site contains sufficient area to accommodate the new 1,456 square foot mini-market. B That the site has sufficient access to streets and highways adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use: the proposed mini-market at the existing automobile service station has been designed to have access onto both Puente and Francisquito Avenues, which have been designated as collector streets in the City's General Plan. C. That the proposed use may have an adverse effect upon uses adjacent to the subject property: BIB] 37650-U01 1997-U02 025-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1337-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-25-U05 MAY-U05 7-U05 1997-U05 1997 025 CC RESO(Ìì³¨Resolution No.97-25 Page2 of4 an additional off-sale license will further over concentrate a census tract which is currently over concentrated by two off-site licenses. Based on ABC standards and calculation of 1 license per 1,301 persons within the census tract, nine 9) off- site licenses are allowed; however, according to ABC there are currently 11 active off-site licenses in census tract 4048. In addition, there are no unique features to the business nor demands that cannot be addressed by the abundant outlets that currently exist within the census tract. Further, there is an existing oft-site establishment within 200 feet of the subject property at the same intersection. As such, no necessity or convenience can be demonstrated to support the application. In fact. the establishment Tomsons Market), which is located within 200 feet from the subject property. can be reached by crossing the parking lot. D. That the proposed use will conflict with the General Plan: the issuance of an additional off-site beer and wine license to a census tract that is currently over concentrated will conflict with the overall Land Use Goal which states that land use policies will provide a framework for the coordinated and effective management, balance, and livability of future development and redevelopment based upon community needs. The community need for oft-site beer and wine is sufficiently addressed by the abundant outlets that currently exist within Census Tract 4048. 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. The requested use at the proposed location is sufficiently buffered in relation to any abutting residentially zoned properties so as not to adversely affect the residential areas: the proposed location does not abut any residentially zoned properties. The majority of the surrounding land uses are commercial and retail establishments. However. there are mobile home parks situated within 500 feet from the subject location. B. The exterior appearance of the property, including, but not limited to, landscaping and architectural treatment of the building, will not detract from the character of the surrounding neighborhood, and, as necessary, will improve upon the characteristics of the surrounding neighborhood with exceptional design characteristics, as determined by the Design Review Committee: the Design Review Committee has determined that the new 1 456t square foot mini-market is architecturally compatible with, and will not detract from, the character of the surrounding commercial area. C. The general vicinity does not have an unusually high crime rate such that the proposed use could result in further criminal activity thus requiring additional police services if the conditional use permit is granted: the location is not within a high crime rate district; however, there has been expressed by the Baldwin Park Police Department that there is a correlation between the presence of an off-sale liquor establishment and an increase in BIB] 37650-U01 1997-U02 025-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1337-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-25-U05 MAY-U05 7-U05 1997-U05 1997 025 CC RESO(Ìì³¨Resolution No. 97- 25 Page3of4 crime. The proposed beer and wine sales has the potential to create adverse effects because this type of business has the potential to create criminal activities. 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 May 7,1997 ATTEST: Z BIB] 37650-U01 1997-U02 025-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1337-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-25-U05 MAY-U05 7-U05 1997-U05 1997 025 CC RESO(Ìì³¨Resolution No. 97-25 Page4 ot4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES)SS. CITY OF BALDWIN PARk 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 May 7,1997, by the following vote: AYES: COUNCIL MEMBERS LOZANO, MUSE, VAN CLEAVE AND MAYOR LOWES NOES: COUNCIL MEMBERS NONE ABSTAIN: COUNCIL MEMBERS NONE ABSENT: COUNCIL MEMBERS NONE AL GA BIB] 37650-U01 1997-U02 025-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1337-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-25-U05 MAY-U05 7-U05 1997-U05