HomeMy WebLinkAbout2008 069 CC RESO2008 069 CC RESO HÄ—@¸— Î Í«RESOLUTION 2008-069
A RESOLUTION OF THE CITY COUNCIL OF BALDWIN
PARK OVERTURNING IN PART THE PLANNING
COMMISSION'S DECISION AND APPROVING A
REQUEST TO MODIFY THE CONDITIONS OF APPROVAL
OF CITY COUNCIL RESOLUTION 2001-030
APPLICANTS: SAM SHARMOUG AND JOHN ALI; CASE
NUMBER: CP-425MOD; LOCATION: 13902
FRANCISQUITO AVENUE, UNITS A, B, AND C).
WHEREAS, a conditional use permit application seeking the modification of CP-
425 was submitted on behalf of John Ali and Sam Sharmoug, the business of Plaza
Market located at 13902 Francisquito Avenue, in the City of Baldwin Park described
more particularly in the application on file with the Planning Division of the City of
Baldwin Park; and
WHEREAS, the applicant requested that the City Council overturn condition of
approval #3) of City Council Resolution 2001-030 which prohibited the exterior
advertisement of the sale of alcohol; and
WHEREAS, on September 24, 2008 the Planning Commission held a duly
noticed public hearing and voted to deny the request to remove condition #3 of City
Council Resolution 2001-030; and
WHEREAS, John Ali and Sam Sharmoug filed a timely appeal of the Planning
Commission's decision to the City Council, and
WHEREAS, a duly noticed public hearing was held on said appeal by the City
Council on November 5, 2008; and
WHEREAS, the City Council directed Staff to work out a compromise with the
Applicant.
NOW THEREFORE 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 adopt the following Findings of Fact applicable to all conditional use permits:
1) The site for the proposed use is adequate in size and shape to
accommodate the proposed use as the size of the property is
approximately 1.99 acres and contains 114 spaces for vehicular parking;
and
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2) 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 as the property is located at the intersection of
Francisquito Avenue and Vineland Avenue, designated a collector street
and a local street, respectively by the City's General Plan; and
3) The proposed use will not have an adverse impact upon uses
adjacent to the subject property as the inclusion of LIQUOR" on the
Applicant's permanent wall signs as part of their business statement is not
anticipated to result in a significant increase in the sale of alcoholic
beverages which could in-turn result in the secondary effects such as
loitering, panhandling, drinking in public, littering, and/or vandalism, which
are considered public nuisances; and
4) The proposed use is not in conflict with the General Plan of the
City of Baldwin Park.
SECTION 2. That the City Council does hereby adopt the following
Findings of Fact applicable to all alcoholic beverage sales:
1) The use at the existing location is sufficiently buffered in
relation to any abutting residentially zoned properties so as not to
adversely affect the residentially zoned areas, as the adjacent non-
conforming residential use IC Zone) is buffered by a block wall, which
helps to alleviate any negative impact associated with the existing
shopping center; and
2) The exterior appearance of the property that will result from the
inclusion of the word LIQUOR" on the Applicant's permanent wall signs,
which identify their business statement will not detract from the aesthetic
character of the surrounding neighborhood; and
3) The general vicinity does not have an unusually high crime rate
such that the proposed use could result in further criminal activity as an
analysis of the specific location between September 1, 2007 and
September 1, 2008 reported eleven 11) calls for service from the City's
Police Department, all of which were unrelated to alcoholic beverages.
SECTION 3. That the City Council does hereby adopt the following
conditions of approval applicable to this conditional use permit:
1) The site be developed in substantial accordance with Exhibit
A," dated December 17, 2008; and
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2) The businesses hours of operation be limited to Sunday through
Thursday 8:00 a.m. to 9:00 p.m. and Friday through Saturday 8:00 a.m. to
10:00 p.m.; and
3) The Applicant shall be permitted as part of his business
statement contained within the two 2) existing permanent wall signs the
can/wall sign facing Vineland Avenue and the larger can/wall sign facing
the parking lot NOT the can/wall sign identifying Ochoas Meats) to include
the word LIQUOR." The type face/font of the word LIQUOR" shall not
exceed the size of the type face/font of the words MEATS" or
PRODUCE" as shown on the existing wall/can signs as of December 3,
2008. The Applicant shall obtain Planning Division review and approval of
the type face/font for the word LIQUOR" as submitted. A new sign permit
will be required for each wall sign modification, however sign permit fees
will not be required; and
4) Other than condition #3 above, there shall be no other exterior
advertisement of any kind or type of signage, including interior signage
within ten 10) feet of any exterior window visible from the exterior of the
premises, promoting the availability of alcoholic beverages; and
5) Any new permanent or temporary signage at the business
location shall require sign permits from the Planning Division; and
6) Window signage shall be limited to thirty percent 30%) of the
overall window area; and
7) No more than five percent 5%) of the market's floor area shall
be devoted to sale and/or display of alcoholic beverages; and
8) The Applicant and every future owner of the subject shall not
permit any alcoholic beverage to be consumed on any property adjacent
to the premises under the control of the Applicant or future owner of the
subject business; and
9) The use shall be operated and the subject property shall be
maintained in a neat and orderly manner; the site shall be kept free of
litter and all graffiti throughout the property) shall be removed within
twenty-four 24) hours at the expense of the Applicant and/or owner; and
10) The Applicant shall submit to the Planning Division, within ten
10) days after the effective date of this Resolution approving this matter,
a check in the amount of $50.00 made out to the Los Angeles County
Clerk for the filing of the Notice of Exemption; and
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11) The Applicant shall comply with all conditions of approval within
twenty 20) days after the effective date of thjs Resolution; and
12) The Applicant shall sign a notarized affidavit within twenty 20)
days after the effective date of this Resolution stating the Applicant read
and accepts all of the conditions of approval.
SECTION 4. That the City Clerk shall certify to the adoption of this
Resolution and forward a copy hereof to the City Clerk and the Applicant.
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. 2008-069 was duly and regularly approved and
adopted by the Planning Commission at a regular meeting thereof, held on the 17th day
of December, 2008 by the following vote:
AYES: COUNCIL MEMBERS: Marlen Garcia, Monica Garcia, Ricardo
Pacheco, Mayor Pro Tern Anthony J.
Bejarano, and Mayor Manuel Lozano
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
AURA M. NIETO
DEPUTY CITY CLERK
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