HomeMy WebLinkAbout2007 016 CC RESO2007 016 CC RESO HÄ—@¸— b tXþRESOLUTION 2007-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK UPHOLDING THE PLANNING
COMMISSION'S DECISION TO DENY A WAIVER TO
PERMIT THE USE OF A 56,000 SQUARE-FOOT RETAIL
BUILDING FOR A GROCERY STORE PURSUANT TO
SECTION 153.316 OF THE CITY'S MUNICIPAL CODE.
CASE NO.: RDAO-001; LOCATION: 14433 RAMONA
BOULEVARD; APPELLANT: 14433 BALDWIN PARK, LLC;
APPELLANT: THOMAS A. RYAN, MCDERMOTT, WILL &
EMERY REPRESENTING SUPERIOR SUPER
WAREHOUSE SUPER CENTER CONCEPTS, INC. AND
THEIR AFFILIATE 14433 BALDWIN PARK, LLC")
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Based on the staff report, administrative record and oral and
written testimony presented to the City Council of the City of Baldwin Park the City
Council") at and for its meeting of March 7, 2007, the City Council does hereby find:
a) This matter is exempt from the provisions of the California
Environmental Quality Act CEQA), under Article 19, Class 15301
Existing Facilities) of CEQA and because the request is being denied.
Therefore, no further environmental analysis is required.
b) Thomas A. Ryan, McDermott, Will & Emery representing
Superior Super Warehouse Super Center Concepts, Inc. and their affiliate
14433 Baldwin Park, LLC. hereinafter, the Appellant") filed a timely
request for an appeal of the Planning Commission's decision to deny a
request for a waiver, pursuant to Section 153.316 of the Baldwin Park
Municipal Code BPMC), to allow the use of an existing 56,000 square-
foot building as a grocery store.
b) The City Council conducted a duly noticed meeting upon that
request.
c) The building at 14433 Ramona Boulevard the Building") has
been continuously unoccupied since before April 20, 2006, and remains
vacant.
d) The Building is approximately 56,000 square feet in size.
e) The Building can be divided into smaller spaces and occupied
by uses permitted by Section 153.316 of the BPMC.
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2007 016 CC RESO HÄ—@¸— b tXþResolution 2007-016
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f) The entire Building can be occupied by a use permitted by
Section 153.316 of the BPMC.
SECTION 2. Based on the foregoing findings, the City Council does hereby
determine as follows:
a) The Appellant failed to present substantial evidence to
support its claims i) strict application of Section 153.316 of the BPMC
would effect a taking of private property without just compensation or
otherwise constitute a violation of the United States Constitution, California
Constitution or other applicable Federal or State Laws, or ii) it is
economically infeasible for the Building to be occupied by all the uses listed
in subdivision A) of Section 153.316 of the BPMC.
b) The building can be used in its current configuration of
approximately 56,000 square feet or in configurations which provide smaller
usable spaces for uses permitted by Section 153.316 of the BPMC.
SECTION 3. Based on the foregoing findings and determinations, the City
Council hereby upholds the Planning Commission's decision denying the Appellant's
request for a waiver of the requirements of Section 153.316 of the BPMC.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution
and shall forward a copy hereof to the Secretary of the Planning Commission.
PASSED AND APPROVED on the 7th day of March, 007.
PURUANT TO CODE OF CIVIL PROCEDURE SECTION 1094.6, JUDICIAL REVIEW
OF THIS DECISION MUST BE SOUGHT WITHIN 90 DAYS AFTER THE DATE THIS
RESOLUTION IS MAILED BY FIRST CLASS MAIL, POSTAGE PREPAID, TO THE
APPELLANT.
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2007 016 CC RESO HÄ—@¸— b tXþATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BALDWIN PARK
SS.
I, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk of the Baldwin Park, do
hereby certify that the foregoing Resolution 2007-016 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 March 7, 2007, by the following vote:
AYES: COUNCILMEMBERS: Anthony J. Bejarano, David J. Olivas,
Mayor Pro Tern Marlen Garcia and
Mayor Manuel Lozano
NOES: COUNCILMEMBERS: Ricardo Pacheco
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: C tICILMEMBERS: NONE
ROSEMARY M. GUTTERREZ
CHIEF DEPUTY CITY CLERK
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