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HomeMy WebLinkAbout2010 036 CC RESO2010 036 CC RESOHÄ—@¸— ¹+Í«RESOLUTION 2010-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING THE APPLICANT'S REQUEST TO MODIFY THE LANGUAGE CONTAINED WITHIN SECTION 153.315.5 OF THE CITY'S MUNICIPAL CODE TO REDUCE THE SIZE OF THE REDEVELOPMENT PROJECT AREA OVERLAY BY ELIMINATING THE PROPERTY LOCATED AT 4201-4299 MAINE AVENUE LOCATION 4201-4299 MAINE AVENUE; APPLICANT: SCOTT GERRITY REPRESENTING JG KALLINS INVESTMENTS, LP; CASE NUMBER AZC-167) WHEREAS, Scott Gerrity, representing JG Kallins Investments, LP Applicant"), filed an application for an amendment to the City's Municipal Code to reduce the size of the Redevelopment Project Area Overlay RDAO") by removing the property located at 4201-4299 Maine Avenue Subject Property") from the boundaries and use restrictions of the RDAO. Hereinafter, the subject application shall be referred to as the Application." WHEREAS, the Subject Property consists of a 79,000 square foot retail center with two retail perimeter pads. The Subject Property is zoned C-2, General Commercial. WHEREAS, on June 30, 2010, the Planning Commission conducted a duly noticed public hearing, as required by law, on the Application to consider the Application and voted 5-0 to recommend the City Council deny the Application Public Hearing"). WHEREAS, on August 18, 2010, the City Council conducted a duly noticed public hearing, as required by law, on the Application to consider the Application and make any appropriate decision on the Application Public Hearing"). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby finds all the foregoing recitals are true and correct. SECTION 2. Based upon substantial evidence presented to the City Council during the Public Hearing, including a written staff report, verbal testimony and site plans, the City Council hereby finds and determines as follows: a) The Subject Property is within City's downtown area and only one-third of a mile away from the Metrolink Station, and as such, ideal for a pedestrian-oriented, mixed-use urban village area. BIB] 40564-U01 2010-U02 036-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO128036-U03 DO132202-U03 C6-U03 RESO-U03 1/20/2011-U04 ROBIN-U04 2010 036 CC RESOHÄ—@¸— ¹+Í«Resolution No. 2010-036 Page 2 b) Approval of the amendments to the Zoning Code as requested by the Applicant would be inconsistent with the City's vision of creating a pedestrian-oriented, mixed-use urban village in its downtown area because it would continue to be subject to the uses and development standards contained within the C-2 Zone which allows uses that are currently prohibited within the RDAO area, such as auto repair/service stations, drive-thru establishments, and medical and dental offices. Such prohibited uses do not promote or encourage a pedestrian-oriented, mixed- use urban village environment. SECTION 3. Based upon the substantial evidence and conclusion set forth hereinabove, the City Council hereby denies the amendment to the Zoning Code. SECTION 4. The City Clerk shall certify the adoption of this Resolution and shall forward a copy hereof to the Planning Division. PASSED AND APPROVED on.the 1:`-liav of September 2010. BIB] 40564-U01 2010-U02 036-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO128036-U03 DO132202-U03 C6-U03 RESO-U03 1/20/2011-U04 ROBIN-U04 2010 036 CC RESOHÄ—@¸— ¹+Í«Resolution No. 2010-036 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES S CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk, do hereby certify that the foregoing Resolution No. 2010-036 was duly and regularly approved and adopted by the City Council at a regular meeting thereof, held on the 1st day of September by the following vote: AYES: COUNCIL MEMBERS: Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE LL4 LAURA M. NIETO, CIVIC' DEPUTY CITY CLERK BIB] 40564-U01 2010-U02 036-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO128036-U03 DO132202-U03 C6-U03 RESO-U03 1/20/2011-U04 ROBIN-U04