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HomeMy WebLinkAbout2006 048 CC RESO2006 048 CC RESO ×PĘö RESOLUTION 2006-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING FINDINGS OF FACT, UPHOLDING THE PLANNING COMMISSION'S DECISION, AND DENYING A CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE SERVICE AND REPAIR FACILITY WITHIN THE CM, COMMERCIAL MANUFACTURING ZONE. CASE NO.: CP-731; LOCATION: 15110 RAMONA BLVD.; APPLICANT: ALBERT FRITZ EHLERS 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 conditional use permit was submitted on behalf of the owner of certain real property, located at 15110 Ramona Boulevard in the City of Baldwin Park Property"), described more particularly in the Application on file with the Planning Division; and b) That the conditional use permit request was sought to allow the operation of an automobile service and repair facility within the CM, Commercial Manufacturing Zone, pursuant to Section 153.197(B) of the City's Zoning Code; and c) That on April 26, 2006, a duly noticed public hearing was held on said Application by the Planning Commission, and based upon evidence presented the Planning Commission denied the Application; and d) That an appeal of the Planning Commission's denial was filed by the applicant, and a duly noticed public hearing was held on the Application by the City Council at which hearing the City Council received evidence, including but not limited to a staff report relating to the Application the Staff Report"). SECTION 2. The City Council does hereby find and determine that each fact contained in the Staff Report is true and correct, including but not limited to the following facts: a) The parking on the Property is inadequate in size, location and accessibility in that there is inadequate back up space provided for required parking spaces. b) There is an over-concentration of automobile repair facilities in the vicinity of the Property. 2006 048 CC RESO ×PĘö Resolution 2006-048 Page 2 c) Automobile repair use is not a clean" industrial use because it involves the use of oil and grease, solvents, car battery acids, coolant and gasoline, which can negatively impact storm water runoff. SECTION 3. Based upon the findings set forth in Section 2 above, the City Council hereby finds and determines as follows: a) The Property is not adequate in size and shape to accommodate the proposed use as the Property lacks sufficient on-site parking spaces and has poor circulation. b) The proposed use will have an adverse impact upon uses adjacent to the Property as well as adjacent uses within the Property in that i) the Property does not provide the required on-site parking; ii) the Property has poor circulation and maneuverability not only for vehicles visiting the Property but for public safety vehicles that could cause delay times should emergency response be required; and iii) adding another automobile repair facility within an area with an existing over-concentration of such uses is detrimental to the established goals of diversifying the City's industrial base and increasing the number of clean" industrial uses. c) The proposed use is in conflict with Policy 7.1 of the General Plan Land Use Element which recommends to narrow the range of permitted industrial uses and to encourage clean" industrial uses which support office and retail/service commercial businesses, since the proposed use is not a clean" use. d) The proposed use is in conflict with Policy 7.1 of the Economic Development Element which states that the City should determine whether a business development proposal fits into the City's long-range planning effort since these long-range planning efforts include the promotion of clean industrial uses to the Auction Village Area in which the Property is located, to expand the city's diverse industrial job base which would provide a range of skills and income and soften the blow of future economic downturns), to require adequate on-site parking and circulation and to ensure that adequate parking is provided to meet existing and future demand. The proposed use is not a clean industrial use, would decrease the diversity of uses in an area which is subject to over- concentration of automobile repair uses, and does not provide adequate on-site parking and circulation. SECTION 4. Based upon the facts set forth in Sections 2 and 3 above, the City Council hereby denies the appeal, upholds the determination of the Planning Commission, and determines de novo that the Application is hereby denied. The City Council hereby finds and determines that each finding set forth in Section 3 is independent of the other findings and by itself requires denial of the Application. 2006 048 CC RESO ×PĘö Resolution 2006-048 Page 3 SECTION 5. That the City Clerk shall certify to the adoption of the Resolution and forward a copy hereof to the Secretary of the Planning Commission and the Applicant. PASSED, APPROVED AND ADOPTED this 19th day of July 2006. /z/ NU~ENO MAYC)R ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution 2006-048 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on July 19, 2006 by the following vote: AYES: COUNCIL MEMBERS: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Mayor Pro Tern David J. Olivas and Mayor Manuel Lozano NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE 6~,rxst~ ROSE ARY M UTIERREZ CHIEF DEPUTY CITY CLERK BIB] 38960-U01 2006-U02 048-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO84139-U03 DO91891-U03 C6-U03 RESO-U03 8/30/2006-U04 ROBIN-U04