HomeMy WebLinkAbout2005 006 CC RESO2005 006 CC RESOåK Ÿ RESOLUTION 2005-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK DENYING REQUESTS FOR 1) AN
AMENDMENT TO THE CITY'S GENERAL PLAN LAND
USE ELEMENT TO REDESIGNATE PROPERTY FROM
SINGLE-FAMILY RESIDENTIAL TO MULTI-FAMILY
RESIDENTIAL, 2) A ZONE CHANGE FROM 01. OFFICE
INDUSTRIAL TO R-3(PD). MULTI-FAMILY RESIDENTIAL
PLANNED DEVELOPMENT, 3) A DEVELOPMENT PLAN
ALLOWING THE CONSTRUCTION OF A TWELVE 12)
UNIT SINGLE-FAMILY DETACHED PLANNED
DEVELOPMENT AND COMMON LOT. 4) A ZONE
VARIANCE TO ALLOW LESS THAN THE MINIMUM
REQUIRED PARKING SPACES FOR A RESIDENTIAL
PLANNED DEVELOPMENT, AND 5) A TENTATIVE
TRACT MAP TO SUBDIVIDE TWO LOTS INTO SIX LOTS
FOR RESIDENTIAL PURPOSES APPLICANT: D.C.
CORPORATION; CASE NO.: AGP-109, Z-544. ZV-696. DR-
29 and TM-61346; LOCATION: 819 FRAZIER STREET)
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Baldwin Park does hereby find.
determine, and declare as follows:
a) That an application Application") for a General Plan
Amendment, Zone Change, Zone Variance, Development Plan and
Tentative Tract Map was submitted on behalf of the owners of certain real
property, located at 819 Frazier Street in the City of Baldwin Park the
Property"), described more particularly in the Application on file with the
Planning Division; and
b) That the Application is requesting the required legislative and
administrative approvals necessary to allow the construction of a twelve
12) unit Single-Family Detached Planned Development on the Property;
and
c) That on December 16. 2004. a duly noticed public hearing
was held on the Application by the Planning Commission, at the conclusion
of which the Planning Commission recommended that the City Council
deny the Application; and
d) That on February 16, 2005. a duly noticed public hearing was
held on the Application by the City Council; and
e) That each fact set forth in the staff report presented to the
City Council on February 16, 2005, is true and correct and accepted as a
fact by the City Council.
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2005 006 CC RESOåK Ÿ Resolution 2005-006
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SECTION 2. Based upon information provided, including but not limited to the
Negative Declaration, the staff report presented to the City Council regarding the
Application, and the testimony received at the hearing, the City Council hereby finds and
determines:
a. That the amendment to the General Plan and the change of zone sought
in the Application would be detrimental to the public health, safety and welfare; and
b. That the findings required for approval of the Development Plan cannot be
made since the density proposed exceeds that permitted by the General Plan and
consistent zoning regulations, and required off-street parking is not provided;
c. That the findings required for approval of the variance cannot be made
since the Property is flat and there are no exceptional or extraordinary circumstances
applicable to the Property involved or the intended use of such Property which do not
generally apply to other single-family zoned property, a variance is not necessary for the
preservation or enjoyment of a substantial property right, the granting of the requested
variance would be materially detrimental to the public welfare or injurious to the adjacent
properties in that it would place the developer's parking obligations on the public, and
the granting of the variance would adversely affect the General Plan by promoting
density not permitted therein;
d. That the findings required for approval of the Tentative Tract Map cannot
be made, as the Project is inconsistent with the General Plan and zoning which would
be consistent with the General Plan.
SECTION 3. Based upon the findings set forth above, and its legislative
discretion, the City Council hereby finds and determines that the Application shall be
denied.
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 and the Applicant.
PASSED AND APPROVED this 16th day of February 2
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ATTEST:
STATE OF CALIFORNIA 1
COUNTY OF LOS ANGELES r SS.
CITY OF BALDWIN PARK J
I, ROSEMARY M. RAMIREZ, Chief Deputy 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 of the City
Council on February 16, 2005, by the following vote:
AYES: COUNCIL MEMBERS: Marlen Garcia, David J. Olivas and Mayor
ManuelLozano
NOES: COUNCIL MEMBERS: Bill Van Cleave, Mayor Pro Tern Ricardo Pacheco
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ROSEMARY M^AMIREZ, CMC
CHIEF DEPUTY CITY CLERK
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