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HomeMy WebLinkAbout2005 006 CC RESO2005 006 CC RESOåKŸRESOLUTION 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. BIB] 38436-U01 2005-U02 006-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO64478-U03 C6-U03 RESO-U03 3/24/2005-U04 ROBIN-U04 2005 006 CC RESOåKŸResolution 2005-006 Page 2 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 /^//v SrfC-J—y / /^^^^^ MfMQ^\SSff^(5 MAY4 BIB] 38436-U01 2005-U02 006-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO64478-U03 C6-U03 RESO-U03 3/24/2005-U04 ROBIN-U04 2005 006 CC RESOåKŸResolution 2005-006 Page3 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 BIB] 38436-U01 2005-U02 006-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO64478-U03 C6-U03 RESO-U03 3/24/2005-U04 ROBIN-U04