HomeMy WebLinkAbout1973 095 CC RESO1973 095 CC RESO (Ìì ÿ ü RESOLUTION NO. 73-95
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK REVOKING A CONDITIONAL
USE PERMIT FOR AN AUTO DISMANTLING YARD
LOCATED AT 5048-5056 MERGED AVENUE IN HE
CITY OF BALDWIN PARK CP-136^)
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES
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 Conditional Use Permit No. 136 for
an auto dismantling yard at 5048-5056 Merced Avenue
in the City of Baldwin Park was approved by the
Planning Commission on November 26, 1969, by Resolu-
tion Mo. PC 69-63, a copy of which is attached here-
to and marked Exhibit A" and is incorporated by
this reference; and
b) That conditions of said permit included,
but were not limited to the following: 1) that
the applicant dedicate property for street purposes,
2) that the applicant remove certain encroachments,
3) that the applicant install street improvements,
4) that the applicant sign a street improvement agree-
ment and provide a performance bond for said improve-
ments, 5) that the applicant submit a grading plan
to the City Engineer, 6) that the applicant construct
a masonry wall along the frontage of the property, 7)
that the applicant construct a wall or fence along the
northerly side of the property, 8) that the appli-
cant provide not less than twenty 20] off-street park-
ing spaces, 9) that the applicant raze all nonconform-
ing structures on the.property, 10) that the applicant
hall comply with all said conditions of approval with-
in two 2J years from November 26, 1969; and
c) That the Planning Commission held duly
noticed public hearings to consider whether the per-
mit, as granted, should be revoked pursuant to Baldwin
Park Municipal Code Section 9483; and
d) That the decision of the Planning Commission,
to revoke the same, was timely appealed to the City
Council, and thereafter was the subject of two 2]
de novo public hearings before said City Council; and
e) That at the said public hearings, evidence
was introduced, which showed that the applicant had
failed to comply with the conditions of approval
within the period allowed for such compliance, and
that the use of the property, to which the permit
relates, and the operation under the said permit, as
conducted, constitutes a public nuisance.
SECTION 2. That pursuant to applicable provisions of
the Baldwin Park Municipal Code, Conditional Use Permit
No. 136 be, and the same hereby is, revoked. That grounds
for said revocation are as follows:
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1973 095 CC RESO (Ìì ÿ ü Resolution No. 73-95
a) That the use is being and has beeu exer-
cised contrary to the terms and conditions of such
approval; and
b) That the use for which approval was
granted is exercised so as to constitute a nuisance
due to its unsightliness, disrepair and lack of
adequate access*
SECTION 3. That the City Clerk is hereby directed to
forward a copy of this Resolution to the holder of Conditional
Use Permit No* 136, and all others requesting copies of the
same.
SECTION 4. That the City Clerk shall certify to the
adoption of this Resolution and forward a copy to the
Secretary of the Planning Commission.
APPROVED and ADOPTED this 16th day of May_______^
1973.
y^^^1' c^^ y^'-sis^s^
MAYOR——^^———
ATTEST:
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
I. THELMA L. BALKUS, City Clerk of the City of Baldwin Park
do hereby certify that the foregoing resolution was duly and regularly
passed and adopted by the City Councul of the City of Baldwin Park at
its regular meeting of the City Council on the 16th day of
May____, 1973. by the following vote:
AYES: COUNCILMEN HAMILTON, GREGORY. MC CARON AND MAYOR KING
NOES: COUNCILMEN___________________________________
ABSENT: COUNCI LMEN BLEWETT
FHELMA L. BALKUS, City derF
2-
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1973 095 CC RESO (Ìì ÿ ü EXHIBIT A"
RESOLUTION NO. 73-95
RESOLUTION NO. PC69-63
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF BALDWIN PARK APPROVING A CONDITIONAL USE PERMIT
TO CHANGE THE NONCONFORMING STATUS OF AN ESTABLISHED
AUTO DISMANTLING YARD TO A CONFORMING USE ON CERTAIN
REAL PROPERTY LOCATED AT 5048 5056 MERGED AVENUE.
APPLICANT: DENNIS N. 1RVING. CASE NO, CP-136.
THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION L. That the Planning Commis&lon of the City of Baldwin Park
does hereby find and determine as follows:
a. That on the 26th day of November, 1969, the Planning Com-
mission held a duly notice public hearing on the applica-
tion for a Conditional Use Permit to change the noncon-
forming status of an established auto dismantling yard to
ft conforming use on certain hereafter described real pro-
perty; and
b« That the property to which said Conditional Use Permit
application relates is located at 5048 5056 Merced Avenue
in the City of Baldwin Paik, County of Los Angeles, State
of California, more particularly described as:
Those portions of Lots 1 & 2 of Section 7 T1S
R 10 W described as follows:
Beginning at the intersection of r.he N'ly line
of the Dept. of Water & Power, Ci.ty of Los
Angeles, R/W and the W'ly line of Lot 1; thencu
ME'ly along the N'ly line of said R/W 1080 ft/;
thence N 89° 45' W 870 ft"; thence S along the
W line of Lot 1 to the point of beginning, ex-
cept therefrom the W 30 ft. for road purposes
and the N 145.20 fc, of the W 330 ft, and the
beginning 270 ft. N of the intersection of the
Oept. of Water & Power oi the City of Los
Angeles, R/W & the E line of lor 2; chence N
85° 30' W 243.20 ft.; thence N 37" 10" 30" E
407.50 ft, to the E line of said Lot 2; thence
S along the E line of Lot 353,02 ft, to
the point of beginning,
c.- That there is a need for street improvements along the
future street, namely, Merced Avenue, ie., ru;bs. gutters,
sidewalks, driveway approaches, street paving, street
lights, street trees, etc..
d« That the installation of view obscuring walls or fences,
landscaping and ofr street parking will provide an
esthetic environment for the surrounding area and he
auto dismantling yard.
e- That the faces required by Section 9473 of the Baldwin Park
Zoning Code are present
SECTION 2' That the Conditional Use Permit *o change the none on forming
status of an established auto dismdntljlog yard r-o a conform-
ing use as described bovp, is hereby APPROVED, subject co
the rolLowing conditions:
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1973 095 CC RESO (Ìì ÿ ü EXHIBIT A"
RESOLUTION NO. 73-95
Page 2
Se'.tlon 2, continued Case No. CP-136, Page 2
a* That the applicant shall make formal offers of dedication
for street purposes and all U«€B appurtenant thereto as
follow:
That area forty 40) feet in width by six
hundred sixty 660) feet in lengch desig-
nated future Merced Avenue, adjacent to
Parcels 8, 9 and 16, as recorded in Los
Angelas County Assessor's Book 853?, page 1-
br That the applicant shall remove all encroachments from the
area to be improved for street and highway purposes, in-
cluding, but not limited to, structures and subterranean
utility lines, utility meters, utility poles, to the sat-
isfaction of the Planning Director and City Engineer.
c. That the applicant shall install all street improvements
along the future street, namely, Merced Avenue, i.e»,
curbs, gutters, sidewalks, driveway approaches, street
paving, street lights, stieet trees, sanitary sewer
facilities, water, gas, ele'.tric, and phone lines in
accordance with minimum specifications and standards of
the City of Baldwin Park, the Southern Counties Gas
Company, General Telephone Company, Southern Calitornia
Edison Company, and the Baldwin Park Counry Water District.
d. That the applicant shall sign an improvement, agreement or
contract in a form satisfactory to the Ctiy Engineer, and
provide for a performance bond, deposit of the required
monay, or negotiable bonds, for the necessary tmpiovemtnts
for the development of the future street, namely, Merced
Avenue, to meet all specifications per the Ctc-y Engineer's
requirements and the Baldwin Park Municipal Code.
a. That the applicant shall submit a grading plan which shall
provide proper drainage facilities acceptable to the city
Engineer.
f. That the applicant shall construes a owcncy wall along the
etttire frontage of the subject property abutting the tucure
street, Merced Avenue, with adequate landscaping in t'r^ot
of the wall Said wall shall be not less than elghr 8)
feet in height and the landscaping, design and placeroem
of the vail shall be substantially in accordance with the
plot plan and elevations, entitled Exhibit A", as sub-
alt fed to and approved by the Cuonns^jLcn. Provide fur t lie--
that where gate openings ice provided j;r In the wall, said
gates shall be view obscuring.
g Thac the applUanc ehall pco'rlde i c^lid view obscucin^
wal^ or fence in and along the northerly bide property line
tor a distance ot seven bundled er 710') feet Said wall
or fence ahall b-. act lesfr chan c-gh1, 8) iee'. in helgit
and shall be permaneni. ly maintained
1» The*; thfe r nominee ration of the Lo& /Uigele- C;un<-y Fife
Dep'rt-menr as sei ic' th on the Deparr'n.ent a letter dated
0-';'ber I?, 1969, ad<ir?tf8*=d t^ tnte S.-.^iefdiy, ta be Imposed
as tidUl.ons ot appro'/al tor the d^'.o dl6man'.Ling y-ird.
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1973 095 CC RESO (Ìì ÿ ü EXHIBIT A"
RESOLUTION NO. 73-95
Page 3
Sec clan 2, continued Case No' CP-I36 Page 3
i' That the recommendations c£ the Baldwin Park County Water
District as set forth in the District'^ letter, dated
October 15, 1969, addressed to the Secretary, be imposed
as conditions of approval t:>< the autr- dismantling yard use.
j. That the applicant shall comply with all requirements of
the Los Angeles County Air Pollution Contr-?! District for
the use.
k. That the applicant shall comply with applicable Lodes tor
the use, including, but not limited to. Building and Zoning
Codes.
1. That the applicant shall provide not less than twenty 20)
off-street parking spaces. Said spaces shall be utilized
by customers and employees
a* That all nonconfonning structures located upon the property
shall be razed or brought in conformity wUh the Baldwin
Park Municipal Code for the fire zone Ln which they are
located"
n. That the applicant shall sign an affidavit within ren 10)
days after the adoption of this resolution that he has read
and accepts all the conditions of approval for the auto
dismantling yard use before a building permit n business
license will be issued*.
o. That the applicant shall not stack dismantled vehicles. In
part or in whole, in excess of eight 8) feet tn height,
nor higher than the view obscuring wal' 7'' fen^-c. ro be
provided referred to by subsections f andg* herelnabove-
p. That the applicant shall comply with all conditions r>?
approval as stated by this resolution within a time limit
of not to exceed vo 2) years, r cha appry/^1 gi"en
for the Conditional Use Permit shall become null jnd oid
and the uses on the enctrc- property shall be modified R.-)
as to comply with the City's zoning laws now In etfecr
SECTION 3" The Secretary shall certiiy ro the odopMon of this eso-
lution and forward a copy hereof to the City Clerk of the
City of Baldwin Park.
APPROVED AND ADOPTED this 26th day or November___ 1^69
ROBERT MCCORI). Ch^irpicin
Baldwin Pa rk I*' HnniT*^ Crtimu s- ion
ATTES1.
CHARLES CH1VETTA, Secretary
Baldwin Park Planning Comniissi^n
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1973 095 CC RESO (Ìì ÿ ü EXHIBXT A"
RESOLUTION NO. 73-95
Page 4
Case No. CP-136. Page 4
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF BALDWIN PARK
I, CHARLES CH1VETTA, Secretary of the Planning Commission of the City
of Baldwin Park, hereby certify that the foregoing resolution was duly
approved and adopted at the meeting of said Commission held on the
26th day of November 1969.
CHARLES CH1VETTA. Secretary
Baldwin Park Planning Commission
AGBEEHENT BY APPLICANT
The foregoing Conditional Uae Permit Case No. CP-136, and Resolution No
PC69*63 ia accepted and each and all conditions and provisions are
approved by and consented to by the undersigned applicant who expressly
promises to perform and be bound by each of its terms.
DATE: SIGNED:___________________
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