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Home My WebLink About2006 005 CC RESO2006 005 CC RESO ×P@É RESOLUTION 2006-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND DENYING AN APPLICATION FOR A MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT TO ALLOW A FINANCIAL INSTITUTION AS A SECONDARY USE WITHIN AN EXISTING FAST FOOD RESTAURANT; CASE NUMBER: CP-301 MODIFICATION; LOCATION: 14008 RAMONA BOULEVARD" WHEREAS, a conditional use permit application seeking a conditional use permit to allow a financial institution as a secondary use within an existing fast food restaurant was submitted on behalf of Frontera International Financial Services the Applicant") at 14008 Ramona Boulevard the Property"), in the City of Baldwin Park, described more particularly in the application on file in the Planning Division in the City of Baldwin Park the Application"); and WHEREAS, on December 14, 2005 the Planning Commission held a duly noticed public hearing and voted to approve the modification of CP-301 allowing the installation of a financial services kiosk within an existing fast food restaurant; and WHEREAS, pursuant to Section 153.689 of the Baldwin Park Municipal Code, the City Council, on December 21, 2005 voted to bring the item forward for review by the City Council, rendering the Planning Commission approval a nullity; and WHEREAS, pursuant to said Section 153.689, a duly noticed, de novo public hearing was held on the Application by the City Council on January 18, 2006; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby finds and determines as follows: a) Each fact set forth in the Staff Report dated January 18, 2006, from Amy L. Harbin to the Honorable Mayor and Councilmembers is true and correct. b) The Applicant has acknowledged that protective devices, e.g. bullet-resistant glass, security cameras and flashing lights for emergencies), are necessary for the safety of its employees, but not such devices are provided for the patrons within the restaurant nor elsewhere on the Property. c) The Property is adjacent to multi-family residences on the south, and to property which is designated in the General Plan as 2006 005 CC RESO ×P@É Resolution No. 2006-005 Page 2 residential on the east. The presence of such residential uses and potential residential uses exacerbates the safety concerns raised by the proposed use. d) The Property presently has the least number of parking spaces legally permissible, having obtained variances and an Administrative Adjustment to decrease the number of spaces provided. Pursuant to City ordinances, however, an additional parking space is required to accommodate the proposed use. e) The Administrative Adjustment to reduce parking on the Property for the present restaurant use was granted subject to compliance with a site plan for the Property which includes a landscaping requirement. The only way to place the additional parking space required for the financial services kiosk on the Property would be to eliminate part of that landscaping. Elimination of landscaping is inconsistent with the goals and objectives of the City. f) The area near the Property is adequately served by financial institutions which provide the same services proposed for the financial services kiosk. SECTION 2. Based upon the evidence presented, including applicable staff reports and each member of the City Council being familiar with the property, and based upon the findings set forth in Section 1, above, the City Council hereby finds and determines as follows: a) The site is not adequate in size and shape to accommodate the proposed financial services kiosk in that although no exterior modification or additional, new floor area is proposed, an additional parking space is required to accommodate the proposed financial services kiosk, but the Property already contains less parking spaces than are otherwise required by law, having obtained variances and an Administrative Adjustment which require landscaping which would have to be eliminated to create the additional parking space needed for this use. b) The site has sufficient access to streets and highways adequate in width and pavement to carry the quantity and quality of traffic generated by the proposed use in that the project has direct access to Ramona Boulevard and Stewart Avenue which can carry large traffic capacities. The estimated number of trips based upon conservative estimations for the additional new use would be within the capacity of the adjacent streets. c) The proposed use of the McDonalds Restaurant with a secondary use of a check-cashing/wire transfer business will have an adverse effect upon adjacent uses in that the proposed facility does not 2006 005 CC RESO ×P@É Resolution No. 2006-005 Page 3 share the same characteristics of a safe, family-oriented environment that is synonymous with McDonald's Restaurants. Furthermore, the employees and patrons including children) of the restaurant, as well as the surrounding properties including residences, would not have the protection e.g. bullet-resistant glass, security cameras and flashing lights for emergencies)) that encompass the check-cashing kiosk and which the Applicant has determined are necessary for the safety of its employees; d) The proposed use of the property is not in conformance with the Baldwin Park General Plan. Goal 2.0 of the Land Use Element states that new development should be compatible and complement the existing, conforming land uses. As stated in Finding c) above, a check- cashing/wire transfer facility does not share the characteristics of a safe, family-oriented restaurant, nor is it consistent with adjacent residential uses. Furthermore, the use of a kiosk style check-cashing/wire transfer facility is inconsistent with the existing uses in the area which include many different financial institutions, thus undermining the City's efforts to improve the urban design and function of the downtown area. SECTION 3. Based upon the findings set forth above, the City Council hereby finds the Applicant has not met its burden to show that the Application meets the applicable standards as established by the Baldwin Park Municipal Code and hereby denies the Application. The City Council specifically finds and determines that such denial is required by each of the findings set forth in subsections a), c) and d) of said Section 2, and should any one of such findings be found insufficient to support denial of the CUP, each of the other such findings shall be deemed independently sufficient to support such determination. 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 18th day of January, 2006. E L. MAYOR z 2006 005 CC RESO ×P@É Resolution No. 2006-005 Page 4 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK f I, ROSEMARY R. 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 thereof, held on the 18th day of January, 2006 by the following vote: AYES: COUNCILMEMBERS: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Mayor Pro Tern David J. Olivas and Mayor Manuel Lozano NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ROSEMARY M. MIREZ CHIEF DEPUTY CITY CLERK I BIB] 38790-U01 2006-U02 005-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO84139-U03 DO84144-U03 C6-U03 RESO-U03 3/13/2006-U04 ROBIN-U04