HomeMy WebLinkAbout1979 116 CC RESO1979 116 CC RESO (Ìì í A RESOLUTION NO. 79-116
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK REVOKING
A CONDITIONAL USE PERMIT CASE NO.
CP-268; LOCATION: 3562 VINELAND
AVENUE; APPLICANT: ALBERT RANDALL)
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 the Planning Commission of the City heretofore
issued to Albert Randatt a Conditional Use Permit, No. CP-268,
which had the effect of allowing the conduct of a group home
at 3562 Vinetand Avenue, subject to certain conditions imposed
by Resolution No. P.C. 78-25 of said Commission; and
b) That subsequent to the issuance of said permit,
applicant commenced the operation allowed thereunder; and
c) That on a number of occasions, various members of
the City staff received complaints concerning the nature of
the operation from persons residing in the immediate vicinity
of the said use, and complaints from persons conducting
businesses within the immediate area of said use; and
d) That basically, the said complaints related to
the fact that residents of the facility were permitted to
wander, without supervision, throughout the residential
and commercial areas in the vicinity of the permitted use,
and that many of such residents who were permitted to wander
in these areas, were incapable of caring for themselves and
constituted potential threats and nuisances to surrounding
property owners and residents; and
e) That on a number of occasions, staff members
solicited, and obtained, assurances from the administrators
of the facility, that additional personnel would be employed
as necessary to insure such custodial care and further, to
assure that, in the implementation of the programming
of the facility, that those residents who were not capable
of caring for themselves would not be permitted to freely
wander throughout the said areas; and
f) That such additional care and supervision was not
forthcoming, and the conditions above described continued
without remedial action being taken; and
g) That as a result, a revocation proceeding was
commenced pursuant to applicable provisions of the Baldwin
Park Municipal Code relating to the Conditional Use Permit;
and
h) That the Planning Commission conducted a lengthy
duly noticed public hearing to consider whether or not such
revocation should take place based upon the complaints of
surrounding and adjacent residents and business persons;
and
i) That the Planning Commission determined, after
the conduct of this public hearing, that the said permit
should be revoked on the grounds that, first, the applicant
did not conduct the business in accordance with the con-
ditions of approval imposed upon the issuance of the
permit; and secondly, that the manner in which the applicant
conducted the use constituted a public nuisance as to
surrounding and adjacent property owners, both residential
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1979 116 CC RESO (Ìì í A Resolution No. 79-116
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and commercial; and
j) That the applicant filed a timely appeal, appealing
the decision of the Planning Commission to the City Council;
and
k) That the City Council conducted a duty noticed
public hearing upon such appeal, and based upon the
evidence presented, determined that the permit should
be revoked for the reasons that:
1) That the use authorized by the permit
has been exercised contrary to the terms and
conditions of such approval; and
2) That the said use has been exercised in
a manner which is detrimental to the public health,
peace and safety; and
3) That the use authorized was conducted and
exercised in a manner which constituted a nuisance
as to other persons residing in areas immediately
adjacent to the location, and a nuisance to persons
conducting business in the immediate vicinity of
such use; and
4) That the City Council expressly finds
that:
1) there is an inadequate method or
plan of supervision as to conduct of residents
white not on the site of the facility as is
evidenced by various property owners and resi-
dents who presented evidence at the hearing,
together with police reports as presented at
said hearing; and
ii) that the supervision on site of the
residents of the facility is inadequate as is
evidenced by the conduct of residents with
respect to immediate neighbors in terms of
noise, teasing of pets, throwing of debris in
adjacent yards, and similar conduct; and
iii) that supervision off site, with
respect to residents visiting various places of
business in the area is inadequate as is evi-
denced by the complaints reflected a disruption
in the affairs of businesses caused by residents
who were not chaperoned and who were unable to
conduct themselves in a proper manner in such
places of business; and
iv) that the conduct of residents in
trespassing upon private residential parties
located in the immediate vicinity of the
facility, which resulted in distinct and
definite interference in the rights of such
persons to their privacy, and their rights
to peaceful use and occupancy of their resi-
dential property; dnd
v) that evidence wds presented showing
that unchaperoned r^sidetits of the facility from
time to time walked in the middle of heavily
traveled streets, which could result in the
death or injury of residents of the facility,
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1979 116 CC RESO (Ìì í A Resolution No. 79-116
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as we11 as other persons; and
v-i) that this revocation is based upon
the findings above set forth.
SECTION 2. That for the reasons he^einabove described, the
Conditional Use Permit, as issued by the Planning Commission in Case No.
CP-268, be, and the same hereby is, revoked. That the owners and operators
of the facility, heretofore authorized by said permit, shall, within a period
of not to exceed sixty 60) days from c^nd after the date of adoption of this
Resolution, relocate the residents in other appropriate group homes and
shall terminate the operation presently conducted on the premises, as author-
ized by said permit, within said period of time.
SECTION 3. That the City Clerk shall certify to the adoption of
this Resolution and shall serve a copy hereof upon the Secretary of the
Planning Commission and upon the applicant.
APPROVED AND ADOPTED this 21st day o^T^vember, 1979.
MAYOR
ATTEST: /
/^^ /Q s-
fe-^^—
THELMA L. BALKUS, 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 duty approved and adopted
by the City Council of the City of Baldwin Park at its regular meeting of
the City Council on the 21st day of November, 1979, by the following vote:
AYES: COUNCILMEN Izell, Mayor White and Aguilar__________________
NOES: COUNCILMEN King, McNeill
ABSENT: COUNCILMEN
THELMA L. BALKUS, CITY CLERK
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