HomeMy WebLinkAbout2002 013 CC RESO2002 013 CC RESO¹òw @˜ ì RESOLUTION 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
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2002 013 CC RESO¹òw @˜ ì Resolution 2002-013
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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.
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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
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