HomeMy WebLinkAbout2005 007 CC RESO2005 007 CC RESOåK £ RESOLUTION 2005-007
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 R-1, SINGLE-
FAMILY RESIDENTIAL TO R-3, MULTI-FAMILY
RESIDENTIAL. 3) A SPECIFIC PLAN WITH INCLUDED
DEVELOPMENT PLAN ALLOWING THE CONSTRUCTION
OF A NINETEEN 19) UNIT SINGLE-FAMILY DETACHED
RESIDENTIAL DEVELOPMENT AND 4)) A TENTATIVE
TRACT MAP TO SUBDIVIDE FIVE LOTS INTO NINETEEN
LOTS FOR RESIDENTIAL PURPOSES APPLICANT: D.C.
CORPORATION; CASE NO.: AGP-110, Z-545. SP 04-01.
DR-30 and TM-61345; LOCATION: 3940-3948 WALNUT
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, Specific Plan, Development Plan and
Tentative Tract Map was submitted on behalf of the owners of certain real
property, located at 3940-3948 Walnut 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 nineteen
19) unit Single-Family Detached Residential 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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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 Specific Plan and
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 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 2005.
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES I 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, Mayor Manuel
Lozano
NOES: COUNCIL MEMBERS: Bill Van Cleave, Mayor Pro Tern Ricardo Pacheco
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ROSEMARY M-fWM I REZ, CMC
CHIEF DEPUTY CITY CLERK
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