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HomeMy WebLinkAbout2002 013 CC RESO2002 013 CC RESO¹òw @˜ìRESOLUTION 2002-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING A REQUEST FOR A CONDITIONAL USE PERMIT ALLOWING THE ON-SITE SALES OF BEER AND WINE IN CONJUNCTION WITH THE ADDITION OF LIVE ENTERTAINMENT KARAOKE) WITHIN THE C-2, GENERAL COMMERCIAL ZONE APPLICANT: ALEJANDRO PEREZ; LOCATION: 1832- 1834 PUENTE AVENUE; CASE NO.: CP-635). 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 find, determine, and declare as follows: a) That an application Applications") for a Conditional Use Permit were submitted on behalf of the owners of certain real property, located at 1832-1834 Puente Avenue in the City of Baldwin Park, described more particularly in the Application on file with the Planning Division; and b) That the Conditional Use Permit requests approval of the on- site sales of beer and wine in conjunction with the addition of live entertainment pursuant to Section 153.167(A) and 153.502(C)(1)(2) of the City's Zoning Code; and c) That on November 14, 2001, a duly noticed public hearing was held on said Application by the Planning Commission, and based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the properties, the Planning Commission denied the conditional use permit; and d) That a duly noticed public hearing was held on said Application by the City Council, and based upon evidence presented including applicable staff reports and each member of the Council being familiar with the properties, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of such Application are not present and that the Conditional Use Permit should be denied. SECTION 2. That the Conditional Use Permit, as herein described by and the same hereby is denied subject to the following Findings of Fact. a) That the site for the proposed use is adequate in size and shape to accommodate the proposed use as the property is 32,792 square feet in size and the existing unit is approximately 2,016 square feet; and BIB] 37425-U01 2002-U02 013-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8678-U03 DO8686-U03 C6-U03 RESO-U03 02/20/2002-U04 ADMIN-U04 2002 013 CC RESO¹òw @˜ìResolution 2002-013 Page 2 b) 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 bordered by Puente Avenue to the west, designated as a major arterial and Walnut Creek Pkwy to the south respectively by the General Plan of the City; and c) That the proposed use will have an adverse affect upon uses adjacent to the subject property as the expansion and the addition of live entertainment karaoke) may create a negative impact on the children in the neighborhood; and d) That the proposed use is in confomnance 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 3. That the Conditional Use Permit, as herein described by and the same hereby is approved subject to the following Findings of Fact applicable to all alcoholic beverage sales. a) That the requested use at the proposed location is not sufficiently buffered in relation to any abutting residentially zoned properties as the eastern property line is only buffered by a twenty 20) foot driveway/alley; and b) That the exterior appearance of the property, including, but not limited to, landscaping and architectural treatment of the building, does not detract from the character of the surrounding neighborhood as the applicant has proposed additional Jandscaped planters in the parking area; and c) That the general vicinity does not have an unusual high crime rate such that the proposed use will not result in further criminal activity thus requiring additional police services if the conditional use permit is granted in that there has been no reported incident and that the applicant is installing indoor and outdoor security cameras. SECTION 4. The City Clerk shaEi certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission and the Applicant. PASSED AND DENIED this 16th day of January. 2002. BIB] 37425-U01 2002-U02 013-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8678-U03 DO8686-U03 C6-U03 RESO-U03 02/20/2002-U04 ADMIN-U04 2002 013 CC RESO¹òw @˜ìResolution 2002-013 Page3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS. CITY OF BALDWIN PARK 1, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution 2002-013 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on January 16, 2002, by the following vote: AYES: COUNCILMEMBERS: Marten Garcia, Ricardo Pacheco and Mayor ManuelLozano NOES: COUNCILMEMBERS: Bill Van Cleave & Mayor Pro Tern Linda Gair ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ROSEMARY M^SAMIREZ, CMC CHIEF DEPUTY CITYCLERK BIB] 37425-U01 2002-U02 013-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8678-U03 DO8686-U03 C6-U03 RESO-U03 02/20/2002-U04 ADMIN-U04