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HomeMy WebLinkAbout2000 097 CC RESO2000 097 CC RESO(Ìì½ÔRESOLUTION 2000-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND ELIMINATING CONDITION C) OF PLANNING COMMISSION RESOLUTION 00-28 AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO MAINTAIN CONDITION D) REQUIRING A TWO 2) FOOT WIDE LANDSCAPED PLANTER ABUTTING THE WESTERN PROPERTY LINE ADJACENT TO THE RESIDENTIALLY ZONED PROPERTY. APPLICANT: ROBERT MARTINEZ REPRESENTING QUON TRUONG; LOCATION: 4405 N, MAINE AVENUE; CASE NO.: CP-42). WHEREAS, a conditional use permit application seeking the renewal of CP-42 was submitted on behalf of Quon Truong, the business of Kathleen's Service Station located at 4405 North Maine Avenue, in the City of Baldwin Park, described more particularly in the application of file with the Principal Planner of the City of Baldwin Park; and WHEREAS, the applicant requested that the City Council overturn conditions of approval c) and d) of Planning Commission Resolution PC 00-28 which limited the hours of operation of the business and eliminated the landscaped planter adjacent to the residentially zoned property; and WHEREAS, on August 23, 2000 the Planning Commission held a duly noticed public hearing and voted to approve the modification of CP-42 subject to several conditions of approval including a condition limiting the businesses hours of operation and requiring a two 2) foot wide landscaped planter adjacent to the residentially zoned property; and WHEREAS, Robert Martinez, on behalf of Quon Truong, filed a timely appeal of the Planning Commission's decision to the City Council; and WHEREAS, a duly noticed public hearing was held on said appeal by the City Council on October 18, 2000; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Findings of Fact. 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 shown that the limited hours of operation as imposed by condition c) of Planning Commission Resolution PC 00-28 should be eliminated; however the Applicant has not shown that condition d) requiring the two 2) foot wide landscaped planter adjacent to the residentially zoned property should be eliminated. BIB] 37945-U01 2000-U02 097-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2358-U03 DO31516-U03 C6-U03 RESO-U03 11/20/2003-U04 ROBIN-U04 2000 097 CC RESO(Ìì½ÔResolution 2000-97 Page 2 a) That the site is adequate in size and shape to accommodate the use of the property as a service station as the site contains approximately 13,700 square feet of area 30 acres); and b) That the site has sufficient access to sidewalks, streets and highways adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use, as the subject property is located at the intersection of Maine Avenue and Los Angeles Street, each designated a collector street by the City's General Plan; and c) That the service station, which is adjacent to a residentially zoned property and is developed with multi-family residences, could be negatively impacted by the adjacent service station use unless a landscaped setback between the service station and the sensitive residential uses is provided. The landscaped planter adjacent to the multi- family residences will increase the buffer between the uses and assist in mitigating potential noise and fumes. d) That the proposed use is not in conflict with the General Plan of the City of Baldwin Park as the general Plan promotes the rehabilitation and re-use of existing commercial and industrial properties. SECTION 2. That the Application, as herein above described, be the same and is hereby approved subject to the following conditions. a) That the applicant shall comply with Exhibit A", dated October 18,2000;and b) That all conditions of approval as set forth in Planning Commission Resolution 00-28 shall remain in full force and effect except condition c" which limits the Applicant's hours of operation; and c) That the applicant at his discretion shall have the ability to remain open on a continuous basis twenty-four 24) hours per day; and d) That the Applicant shall comply with all conditions of approval within nine 9) months after the date of approval of CP-42 unless otherwise stated in these conditions of approval. Noncompliance with any of the stated conditions of approval contained within this approved Resolution shall be grounds for revocation of CP-42 pending a public hearing by the Planning Commission or the City Council on appeal. Any costs associated with the revocation of CP-42 shall be paid by the applicant and/or owner; and e) That the Applicant shall sign a notarized affidavit within twenty 20) days after the date of this resolution stating that the Applicant has read and accepts all of the conditions of approval. BIB] 37945-U01 2000-U02 097-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2358-U03 DO31516-U03 C6-U03 RESO-U03 11/20/2003-U04 ROBIN-U04 2000 097 CC RESO(Ìì½ÔResolution 2000-97 Page 3 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. That the City Clerk shall certify to the adoption of this resolution and shall forward a copy hereof to the City Planner and the applicant. APPROVED AND ADOPTED this 1st day of November, 2000. /V^X-y^ MA^UEL LOZA^O. MAYOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES)SS. CITY OF BALDWIN PARK I, ROSEMARY M. RAMIREZ, 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 a regular meeting thereof, held on the 1st day of November, 2000 by the following vote: AYES: COUNCILMEMBERS: Gair, Garcia, Van Cleave, Mayor Pro Tern Pacheco and Mayor Lozano NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ROSEMAR^M RAMIREZ. CMC Deputy City CJ^rk BIB] 37945-U01 2000-U02 097-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2358-U03 DO31516-U03 C6-U03 RESO-U03 11/20/2003-U04 ROBIN-U04