The URL can be used to link to this page

Home My WebLink About1998 006 CC RESO1998 006 CC RESO¹òw @˜’IRESO 98-6 JAN 21 1998[H'I8 RESOLUTION 98-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO ADOPT THE FINDINGS OF FACT AND DENY THE REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE ON- SALE OF BEER AND WINE IN CONJUNCTION WITH A RESTAURANT. WHEREAS, an application for a conditional use permit CP-568) was submitted on behalf of the owner of certain real property, located at 12710 Ramona Boulevard, in the City of Baldwin Park, described more particularly in the on file with the Planning Division; and WHEREAS, the Application is to allow the on-site sale of beer and wine in conjunction with a new restaurant; and WHEREAS, on October 22,1997, the Planning Commission held a duly noticed public hearing and voted to deny this application; and WHEREAS, the applicant filed a timely appeal of the Planning Commission's decision to the City Council; and WHEREAS, a duly noticed public hearing on said appeal was held by the City Council on January 21,1998; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Findings of Fact applicable to all conditional use permits. Based upon the evidence presented, including applicable staff reports and each member of the City Council being familiar with the property, it is hereby determined that the applicant has failed to show that the proposal meets all of the Findings of Fact applicable to all conditional use permits. A) That the site for the proposed use is not adequate in size and shape to accommodate the introduction of on-sale beer and wine within the existing restaurant. The orientation of the building is such that a significant portion of the available on-site parking is located behind the building, accessible only through a poorly maintained alley. Customers using this parking area would be forced to walk around the building to a secluded and potentially dangerous area. Because of the lack of natural or electronic surveillance, customers may opt to avoid this area, placing an added strain on the limited supply of parking available within the front parking lot. B) That the site does not have sufficient access to streets and highways adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use. The parking area to the rear of the building is only accessible via a 20' wide alley which abuts the residential neighborhood to the south. The pavement within portions of the alley has deteriorated, and many segments of walls and fences lining the alley are dilapidated. The parking spaces along the alley which serve the commercial uses are oriented so that parked vehicles have to back out into the alley into oncoming traffic C) That the proposed use will have an adverse effect upon uses adjacent to the subject property in the following ways: 1) Two off-sale alcohol outlets already exist on Ramona Boulevard within 500 feet of the subject property. The addition of another outlet may result in an undesirable BIB] 37175-U01 RESO-U02 98-6-U02 JAN-U02 21-U02 1998-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 FO1154-U03 DO1162-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-6-U05 JAN-U05 21-U05 1998-U05 BIB] 37426-U01 1998-U02 006-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 DO1162-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-5-U05 JAN-U05 21-U05 1998-U05 1998 006 CC RESO¹òw @˜’IRESO 98-6 JAN 21 1998[H'I8Resolution 986 January 21, 1995 Page 2 of 3 concentration of alcohol outlets along this block. The overconcentration of alcohol sales outlets especially poorly managed alcohol sales outlets often leads to the increased incidents of loitering, littering, drug dealing and public intoxication. The cumulative impact of adding another outlet at this location could be detrimental to the well being of the neighborhood. 2) Given the substandard physical conditions associated with the building, landscaping, parking and rear alley, the introduction of alcohol sales at this location creates an incompatibility with the residential neighborhood to the south. Because of the location of the unbuffered rear parking area and alley, the residences to the south would be subject to an increase in noise and litter, and potentially a reduction in property values. D) That the introduction of alcohol consumption at this location is not consistent with the General Plan of the City of Baldwin Park. The inclusion of on-site sale of beer and wine at the proposed restaurant could conflict with the goals and policies of the Public Services and Facilities Element of the City's General Plan by causing a strain on police services. Further, the proximity to residential neighborhoods creates an incompatibility between residential uses and on-site sale of beer and wine. SECTION 2. Findings of Fact applicable to alcoholic beverage sales. Based upon the evidence presented, including applicable staff reports and each member of the City Council being familiar with the property, it is hereby determined that the applicant has failed to show that the proposal meets all of the Findings of Fact applicable to alcoholic beverage sales. A) That the proposed use at the proposed location is not sufficiently buffered in relation to the abutting single-family residential properties and can adversely affect these residential areas. The residential units are separated only by a 20-foot wide alley. The alley has no landscaped buffer, and is lined with a hodgepodge of walls and fences some of which are falling apart. The condition of the alley and walls do not effectively mitigate the potential adverse impacts on the residential neighborhood. B) The exterior appearance and maintenance of the building, exterior signs, walls and landscaping detracts from the character of the surrounding neighborhood. The introduction of on-site sale of beer and wine will do nothing to improve upon the characteristics of the surrounding neighborhood. Instead, approval of this application may actually result in the decline in the aesthetic quality and character of the property and neighborhood as a result of loitering, littering, public intoxication and other criminal activities that might result from the consumption of alcohol. C) Though the general vicinity does not have an unusually high crime, the site is in close proximity to vacant parcels, residential units, and two off-site alcohol establishments. Further, the alley at the rear creates a secluded area between the subject property and residential properties that may be vulnerable to criminal activities. These conditions create an incompatibility of uses and potentially increases the need for police service for the residential neighborhoods to the south of the site. SECTION 3. That the City Council relied upon the Administrative Records, and the evidence presented at the public hearing, in making the Findings of Fact, and in reaching the conclusion that the appeal should be denied. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and shall forward a copy hereof to the Planning Division and to the applicant. BIB] 37175-U01 RESO-U02 98-6-U02 JAN-U02 21-U02 1998-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 FO1154-U03 DO1162-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-6-U05 JAN-U05 21-U05 1998-U05 BIB] 37426-U01 1998-U02 006-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 DO1162-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-5-U05 JAN-U05 21-U05 1998-U05 1998 006 CC RESO¹òw @˜’IRESO 98-6 JAN 21 1998[H'I8Resolution 98-6 January 21, 1998 Page 3 of 3 APPROVED AND ADOPTED ON January 21,1998. MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES)SS. CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council at a regular meeting thereof, held on the 21st day of January, 1998 by the following vote: AYES: COUNCILMEMBERS: Muse, Pacheco, Lozano, Van Cleave and Mayor Lowes NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None BIB] 37175-U01 RESO-U02 98-6-U02 JAN-U02 21-U02 1998-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 FO1154-U03 DO1162-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-6-U05 JAN-U05 21-U05 1998-U05 BIB] 37426-U01 1998-U02 006-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 DO1162-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-5-U05 JAN-U05 21-U05 1998-U05