HomeMy WebLinkAbout2007 069 CC RESO2007 069 CC RESO HÄ—@¸—
‡ 3Í«RESOLUTION 2007-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK MODIFYING LANGUAGE IN THE
SPECIFIC PLAN SP 06-01) RELATING TO THE
UNDERGROUNDING OF UTILITIES ALONG THE
FRONTAGE OF THE PROJECT. LOCATION: 13940
MERCED AVENUE; APPLICANT: VICTORIA
CHADBOURNE; CASE NO.: SP 06-01).
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Baldwin Park does
hereby find, determine, and declare as follows:
a) That a request for a modifica icri to an existing Specific Plan
SP 06-01) was submitted on behalf of th zA/ners of certain real property,
located at 13940 Merced Avenue in the C,ii;r of Baldwin Park, described
more particularly in the application on file with the Planning Division; and
b) That the application seeks a modification to language contained
within the Specific Plan SP 06-01) which states that all overhead utilities
along the frontage of the project shall be undergrounded; and
c) That the Planning Commission conducted a duly noticed public
hearing upon said matter and recommended that the request be
approved; and
d) That a duly noticed public hearing was held on said Application
by the City Council, and based upon evidence presented including
applicable staff reports and each member of the Council being familiar
with the subject matter, the City Council determined that the said
application should be granted, subject to the terms and conditions
hereinafter set forth.
SECTION 2. The City Council determines no additional environmental
information is required because of the a Negative Declaration was previously adopted
for the Specific Plan SP 06-01), there have been no changes of circumstances, and
the amendment has no significant environmental effect.
SECTION 3. The City Council hereby amends Section 4.3.09 of the
Specific Plan SP 06-01) to delete the undergrounding requirement along Baldwin Park
Boulevard and Merced Avenue and replace that with the following:
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‡ 3Í«Resolution No. 2007-069
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a) That the Developer shall deposit, with the City $500,000;
and
b) That the City shall retain that cash deposit in any account
the City chooses in its sole discretion, whether interest bearing or not; and
c) That if the deposited money is not fully expended for one or
more undergrounding projects within the City of Baldwin Park within
twenty 20) full calendar years after the City's receipt of that deposit, then
any remaining money, plus any interest that may have accrued, shall be
refunded, on a pro-rata basis, to the then property owners of the subject
site; and
d) That the Developer shall be required to underground all
utilities from the existing overhead poles to the proposed project.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution
and forwuard a copy hereof to the Secretary of the Planning Commission.
PASSED AND APPROVED this 17th d~f October 2007.
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‡ 3Í«Resolution No. 2007-069
Page 3
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF BALDWIN PARK
I, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby
certify that the foregoing Resolution No. 2007-069 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 17th day of October, 2007 by the following vote:
AYES: COUNCIL MEMBERS: Anthony J. Bejarano, David J. Olivas, Ricardo
Pacheco and Mayor Manuel Lozano
NOES: COUNC.IL,MEMBERS: Mayor Pro Tern Marlen Garcia
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: N( NE
URA M. NIETO
DEPUTY CITY CLERK
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