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Home My WebLink About1998 021 CC RESO1998 021 CC RESO¹òw @˜’bRESO 98-21 MAR 4 1998[H,d8 RESOLUTION 98-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO REVOKE A CONDITIONAL USE PERMIT, CP-538, FOR A BILLIARD FACILITY LOCATED AT 4281 MAINE AVENUE. WHEREAS, an application for a conditional use permit CP-538) was approved by the Planning Commission on August 23, 1995 at 4281 Maine Avenue, in the City of Baldwin Park, described more particularly in the application on file with the Planning Division; and WHEREAS, a subsequent application to modify and renew CP-538 was approved by the Planning Commission on August 28, 1996; and WHEREAS, subsequent to the August 28, 1996 modification and renewal of CP-538, the owners of said billiard facility began violating several conditions of approval of CP-538; and WHEREAS, on January 28, 1998, the Planning Commission held a duly noticed public hearing and voted to revoke CP-538 based upon the fact that the conditional use permit was being exercised contrary to the stated conditions of approval: and WHEREAS, the business owners of I. C. Billiards Appellants") 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 March 4, 1998; and WHEREAS, 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 business owners of l.C. Billiards have failed to show compliance with the conditions of approval as stated in OP- 538. HOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the permit granted, CP-538 is being exercised contrary to the conditions of approval imposed on such permit, and in violation of the Municipal Code; and SECTION 2. That the specific violations of the conditional use permit and the Municipal Code are identified as follows: a) That the business is required to have and maintain a minimum of three security cameras, two within the interior of the facility one at the front entrance, the other near the cashier) and the third one located on the outside of the business facing the parking lot; it has been observed on several occasions that the cameras have not been maintained or are nonoperational, a violation of condition c) of Planning Commission Resolution 96-21; and b) A security guard is required to be stationed within the premises between the hours of 6:00 p.m. and closing seven days per week. One additional security guard is required to be stationed outside the building between the hours of 10:00 p.m. and closing each day of the week. All security guards shall be equipped with walkie-talkies or similar devices for communication purposes. Noncompliance is a violation of condition d) of Planning Commission BIB] 37175-U01 RESO-U02 98-21-U02 MAR-U02 4-U02 1998-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 FO1499-U03 DO1654-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-21-U05 MAR-U05 4-U05 1998-U05 BIB] 37426-U01 1998-U02 021-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 DO1654-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 1998 021 CC RESO¹òw @˜’bRESO 98-21 MAR 4 1998[H,d8Resolution No.98- 21 Page 2 of 3 Resolution 96-21. The Police Department has documented several violations of this condition; and C) Condition h.3 of Resolution 96-21 requires that no persons under the age of 17 be permitted into the facility after 10:00 p.m.; inspections by the City's Police Department revealed the business owners are not complying with this condition of approval; and d) Smoking has been observed on several occasions, which is a violation of condition h.1 of Resolution 96-21; and e) Condition h.5 of Resolution 96-21 stating that a dress code no tank tops, gang attire. Slippers allowed) shall be enforced has also been violated. SECTION 3. That based upon the foregoing, it is clear that the said conditional use permit CP-538) should be revoked effective as of the date this Resolution; and that billiard facility shall cease and desist within thirty 30) days of the date of this Resolution. SECTION 4. That the conditional use permit CP-538), as hereinabove described, and be the same hereby, is revoked. SECTION 5. That the City Council relied upon the evidence presented at the public hearing in making the above findings of fact and in reaching the conclusion that the conditional use permit CP-538) should be revoked. SECTION 6. The City Clerk shall certify to the adoption of this Resolution and shall forward a copy hereof the Planning Division and to the Appellant. APPROVED AND ADOPTED on March 4, 1998. ATTEST: MAYOR CITY CLERK BIB] 37175-U01 RESO-U02 98-21-U02 MAR-U02 4-U02 1998-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 FO1499-U03 DO1654-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-21-U05 MAR-U05 4-U05 1998-U05 BIB] 37426-U01 1998-U02 021-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 DO1654-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 1998 021 CC RESO¹òw @˜’bRESO 98-21 MAR 4 1998[H,d8Resolution No.98-21 Page 3 of 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES) CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the Baldwin Park, do hereby certify that the foregoing Resolution 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 4, 1998, by the following vote: AYES: COUNCIL MEMBERS MUSE, LOZANO, PACHECO, VAN CLEAVE. AND MAYOR LOWES NOES: COUNCIL MEMBERS NONE ABSTAIN: COUNCIL MEMBERS NONE ABSENT: COUNCIL MEMBERS NONE BIB] 37175-U01 RESO-U02 98-21-U02 MAR-U02 4-U02 1998-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 FO1499-U03 DO1654-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-21-U05 MAR-U05 4-U05 1998-U05 BIB] 37426-U01 1998-U02 021-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 DO1654-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04