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Home My WebLink About2001 030 CC RESO2001 030 CC RESO¹òw @˜ˆù2001 RESO 2001-030–"[HmVRESOLUTION 2001-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A REQUEST TO OVERTURN THE DECISION OF THE PLANNING COMMISSION RELATING TO THE CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT APPLICANT: SAM SHARMOJ, REPRESENTING PLAZA MARKET; LOCATION: 13902 FRANCISQUITO AVENUE, UNITS A, B, & C; CASE NO.: CP-425). WHEREAS, a conditional use permit application seeking the renewal of CP-425 was submitted on behalf of Sam Sharmoj, the businesses 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. WHEREAS, the applicant requested that the City Council overturn conditions of approval J) and N) of Planning Commission Resolution PC 01-04 which prohibited the single can or bottle sales of beer and limiting the conditional use permit renewal period to one 1)year; and WHEREAS, on January 24, 2001 the Planning Commission held a duly noticed public hearing and voted to approve the renewal of CP-425 subject to several conditions of approval including the prohibition of the sales of single cans and bottles of beer and the renewal of the conditional use permit in one year; and WHEREAS, Sam Sharmoj and John Ali 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 April 18, 2001; and NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Findings of Fact for 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 shown that the single can and bottle sales of beer and the renewal of the conditional use permit in one year should be eliminated. 1) That 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 BIB] 37209-U01 2001-U02 RESO-U02 2001-030-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8443-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 030-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8443-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 030 CC RESO¹òw @˜ˆù2001 RESO 2001-030–"[HmVResolution 2001-030 May 2, 2001 2) That 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) That the proposed use will not have an adverse impact upon uses adjacent to the subject property as the applicant has complied with and maintained the property in accordance with the stated conditions of approval of Planning Commission Resolution PC 99-27. Further, the calls for Police service are relatively minor; and 4) That the proposed use is not in conflict with the General Plan of the City of Baldwin Park as the City's Municipal Revenue/Fiscal Impact Element of the General Plan sets as a policy that the City should support and encourage existing businesses. SECTION 2. Findings of Fact for the sale of alcoholic beverages. 1) That the requested use at the proposed location is sufficiently buffered in relation to any abutting residentially zoned properties so as not to adversely affect the residentially zoned areas, as there are no residentially zoned properties abutting said property; and 2) That the exterior appearance of the property does not detract from the character of the surrounding neighborhood as the Applicant has complied with the conditions of approval to relandscape and maintain the setback along Vineland Avenue as well as the planters adjacent to and across from Plaza Market; and 3) That the general vicinity does not have any unusually high crime rate such that the proposed use could result in further criminal activity as an analysis of the specific location between January 1, 2000 and January 1, 2001 only required nine calls for service from the City's Police Department. The City's Police Department has concluded that these calls for service are relatively minor and that some of the calls do not directly affect the business. SECTION 3. That the Application, as herein above described, be the same and is hereby approved subject to the following conditions. BIB] 37209-U01 2001-U02 RESO-U02 2001-030-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8443-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 030-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8443-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 030 CC RESO¹òw @˜ˆù2001 RESO 2001-030–"[HmVResolution 2001-030 May 2, 2001 1) That the site be developed in substantial accordance with Exhibit A", dated April 18, 2001; and 2) That 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) That there shall be no exterior advertising of any kind or type, including advertising to the exterior from within, promoting or indicating the availability of alcoholic beverages; and 4) That all signage at the business location both temporary banners) and permanent window) signs) shall require sign permits from the Planning Division; and 5) That window signage shall be limited to thirty 30) percent of the overall window area; and 6) That no more than five 5) percent of the market's floor area shall be devoted to sale and/or display of alcoholic beverages; and 7) That no alcoholic beverages shall be consumed on any property adjacent to the premises under the control of the business owner; and 8) That the use shall be operated and the subject property be maintained in a neat and orderly manner; that the site shall be kept free of litter and that all graffiti throughout the property) shall be removed within twenty-four 24) at the expense of the applicant and/or owner; and 9) That the applicant shall submit to the Planning Division within ten 10) days of this approval of this Resolution, a check in the amount of $25.00 made out to the Los Angeles County Clerk for the filing of the Notice of Exemption; and 10) That the applicant shall comply with all conditions of approval within twenty 20) days of the effective date of City Council Resolution 2001-030; and 11) That the applicant shall sign a notarized affidavit within twenty 20) days of the date of this resolution stating that the applicant had read and accepts all of the conditions of approval. BIB] 37209-U01 2001-U02 RESO-U02 2001-030-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8443-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 030-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8443-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 030 CC RESO¹òw @˜ˆù2001 RESO 2001-030–"[HmVResolution 2001-030 May 2, 2001 SECTION 4. 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 upheld and those particular conditions of approval removed. SECTION 5. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission and the applicant. PASSED AND APPROVED this 2nd day of May 2001. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES)SS. CITY OF BALDWIN PARK I, Rosemary M. Ramirez, 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 its regular meeting held on May 2, 2001, by the following: AYES: COUNCIL MEMBER: NOES: COUNCIL MEMBER: ABSENT: COUNCIL MEMBER: ABSTAIN: COUNCllTWIEMBER: Marlen Garcia, Ricardo Pacheco, Bill Van Cleave, Mayor Pro Tern Linda Gair, and Mayor ManuelLozano None None None Rosemary M./Rewwrez, CMC Deputy City Clerk /J BIB] 37209-U01 2001-U02 RESO-U02 2001-030-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8443-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 030-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8443-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04