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HomeMy WebLinkAbout2024-013 CC Reso Denying Appeal and Affirming PC Approval of Tentative Parcel Map - Zocalo Civic Plaza ProjectDocuSign Envelope ID: DD885620-5192-418D-B5F4-61 E85D605FFI RESOLUTION 2024-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING THE APPEAL AND AFFIRMING THE PLANNING COMMISSION'S APPROVAL OF A TENTATIVE PARCEL MAP TO CONSOLIDATE FIVE (5) LOTS, VACATED STREET RIGHT-OF-WAY, AND A CITY PARKING LOT INTO ONE (1) 92,680 SQUARE FOOT LOT FOR THE DEVELOPMENT OF THE ZOCALO CIVIC PLAZA PROJECT LOCATED AT THE NORTHWEST INTERSECTION OF MAINE AVENUE AND PACIFIC AVENUE AND EXTENDS SOUTH OF MAINE STREET; (APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER TPM 84199) AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: WHEREAS, On February 16, 2022, Council to proceed with the development northwest intersection of Maine Avenue and Street; and City Staff received direction from the City of a public plaza (Project) located at the Pacific Avenue and extends south of Maine WHEREAS, The City, acting as the applicant, prepared a Tentative Parcel Map to consolidate five (5) lots, vacated street right-of-way, and a City parking lot into one (1) 92,680 square foot lot for the development of the Zocalo Civic Plaza; and WHEREAS, That a duly noticed public hearing was held on February 14, 2024 on said Project by the Planning Commission, and the project was continued to a date certain on March 27, 2024; and WHEREAS, That a duly noticed public hearing was held on March 27, 2024 on said Project by the Planning Commission, and based upon evidence presented including applicable staff report and each member of the Commission being familiar with the property, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of the Project is present and the approved the Project; and WHEREAS, The Planning Commission's decision to approve the project was also based on the fact that the proposed Project was analyzed by the 2016 TOD Downtown Specific Plan EIR and Addendum as well as the traffic analysis prepared for this project and pursuant to the California Environmental Quality Act (CEQA) Section 151692 and Public Resources Code Section 21166, no further environmental review is necessary since none of the conditions that would trigger further environmental review are present; and DocuSign Envelope ID: DD885620-5192-418D-B5F4-61 E85D605FF1 Resolution 2024-13 Page 2 WHEREAS, On April 4, 2024, a member of the public submitted a complete and timely appeal of the Planning Commission's decision to the City Clerk of the City of Baldwin Park; and WHEREAS, A duly noticed public hearing was held on said Application by the City Council on May 15, 2024. The City Council, after reviewing the Staff Report, Administrative Record, Appeal, and considering oral evidence during said public hearing, found that there are requisite findings to approve the tentative parcel map; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 2. Based upon the evidence presented, the City Council hereby finds and determines that each fact set forth in the recitals above is true and correct. SECTION 3. That the City Council does hereby adopt the following requirements and findings applicable to the approval of the Tentative Parcel Map. 1. Adequate systems designed and constructed to provide all necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, cable television and telecommunications telephone services. The project has been designed to provide all the necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, cable television and telecommunications service. All conditions from outside agencies and utility companies shall be met or provided for prior to finalizing the tentative parcel map. 2. An adequate domestic water distribution system designed and constructed to service each lot proposed to be created. Valley County Water District is the purveyor in the area and water would be provided to the subject property by Valley County Water District. 3. An adequate sewage system designed and constructed to serve each lot proposed to be created. The proposed project shall comply with any conditions of approval as imposed by the Sanitation District of Los Angeles County prior to approval of the final map by the City of Baldwin Park. 4. An adequate storm water drainage system designed and constructed to serve each lot proposed to be created. DocuSign Envelope ID: DD885620-5192-418D-B5F4-61 E85D605FF1 Resolution 2024-13 Page 3 The Public Works Department have designed the site to include the construction of storm drains to address stormwater in the area. 5. An adequate public and/or private street and/or alley system designed and constructed to serve each lot proposed to be created. The site will be served by Sterling Way and Maine Avenue to the west and Pacific Avenue to the east. A drive aisle with parking will be created on the north side of the parking area between Sterling Way and Pacific Avenue to allow for one-way vehicular access from the west. A traffic study was prepared on August 18, 2022 date by the City to examine the potential impact to vehicular traffic associated with the closing of the segment on Maine Avenue between Sterling Way and Pacific Avenue (see Exhibit E). The report concluded that no significant impacts to the surrounding areas would occur with the closing of this segment of road. 6. An adequate traffic regulatory system, including necessary traffic signals, signs, and pavement markings and striping. The Project scope entails the closure of a portion of Maine Avenue and minor adjustments to the roads connecting to the Project site will be necessary to create a seamless transition. A new one-way alley will be created along the northern edge of the Project and this alley will be complete with new traffic signs, striping and pavement markings. 7. The undergrounding of utilities pursuant to Chapter 97, part 2 (Underground Utility District) of the Municipal Code. Pursuant to Chapter 97 of the City's Municipal Code all new utilities to the subject property shall be undergrounded. This requirement is also addressed as part of the overall plan check requirements and review of the final map. 8. Any and all other improvements found necessary by the City to provide all services to each lot proposed to be created. The proposed Tentative Parcel Map is consistent with the City's codes and will receive adequate utility service when built as designed. 9. In addition to the improvements as required by the City's Municipal Code and Departments, there are also design requirements for the proposed tentative parcel map that need to be met. Pursuant to Section 152.12 of the City's Municipal Code, the design of the subdivision shall conform to the requirements of this Chapter 152, any and all design requirements set forth in the General Plan, the design and development DocuSign Envelope ID: DD885620-5192-418D-B5F4-61 E85D605FF1 Resolution 2024-13 Page 4 standards established for the associated zoning district per the Zoning Code, the applicable design guidelines set forth in the Design Guidelines Manual, generally accepted engineering standards, and to such standards required by the City, including, but not limited to, plans for grading and erosion control. The Planning Division has reviewed the proposed subdivision of the proposed lot meets the minimum development standards contained within the Municipal (Zoning) Code, including, setbacks, density, and height. Additionally the tentative parcel map is consistent with Goal 2.0 of the Land Use Element of the General Plan which states "accommodate new development that is compatible with and compliments existing conforming land uses" as the proposed parcels meet the existing development standards contained in the Code. 10. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The project is also consistent with the City's General Plan. The designated land use for the site is Mixed -Use and the proposed open space use of the site is allowed by -right for lots with this land use designation. Furthermore, the project is consistent the policies in the General Plan to create pedestrian spaces in the downtown that connect to the City Hall courtyard and have the potential to support businesses that support pedestrianism such as outdoor cafes and flower shops. The design of the civic plaza is in accordance with the 2016 Specific Plan, which is the Specific Plan that was in place at the time of the project's approval. The land use, circulation surrounding the site, improvements to the site are all in compliance with that plan. The proposed use is civic plaza, which is an open space use that was contemplated by the 2016 Specific Plan. The Specific Plan called for new open space areas within the downtown area to improve pedestrian activity and improve destination appeal. The proposed circulation is consistent with the 2016 Specific Plan. There will be an alley and site parking at the northern edge of the site to support vehicle access. Parking and traffic were analyzed in 2022 by a parking and traffic consultant and the project was determined to have no adverse impacts on traffic and parking (Exhibit E). The improvement of the proposed subdivision is also in compliance with the 2022 Downtown Specific Plan. The improvements consist of a civic plaza with accessory retail food businesses and these improvements are permitted land uses within the Downtown Core area of the specific plan. Furthermore, the improvements are consistent with the Plan's policies to expand pedestrian -oriented parks and gathering spaces in the downtown area. Specifically, the subdivision is consistent with the Specific Plan's DocuSign Envelope ID: DD885620-5192-418D-B5F4-61 E85D605FF1 Resolution 2024-13 Page 5 Policy 1.1 to " Expand and maintain an enhanced, interconnected system of public parks, trails and open space in Downtown area", Policy 1.6 to "Expand the inventory of publicly accessible community gathering spaces so that businesses and residents are within a short walking distance of a park or recreational area", Policy 2.13 to "Expand places and spaces where community events and festivals can occur", and Policy 3.8 to "Create well - designed spaces for a high -quality user experience for all modes". 11. The site is physically suitable for the type of development. The site has a flat topography that lends itself to development in general and could support a civic plaza use. Also, it is not located in a flood hazard or high fire zone. Lastly, there is ample access to the site given that it is accessible from Pacific Avenue to the east, Sterling Way to the west, and Maine Avenue to the south. 12. The design of the proposed subdivision or the proposed improvements are unlikely to cause substantial damage or substantially and avoidably injure fish or wildlife of their habitat. The site is a fully urbanized area that is almost entirely paved. It is not a location that provides habitat for fish or wildlife and therefore development of the site for a civic plaza could not harm fish or wildlife habitat. 13. The design of the subdivision or type of improvements are unlikely to cause serious public health problems. The site is currently developed with parking lots and street right of way, both of which facilitate automotive vehicle traffic. The subdivision supports the development of the site as a civic plaza, which facilitates public gathering for pedestrians. The proposed use is aligned with the 2016 Specific Plan and General Plan goals of providing more opportunities within the City for residents for exercise and recreation. Therefore, the proposed use is more likely to promote public health and is not likely to cause public health problems. 14. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to the ones previously acquired by the public. This subsection shall only apply to easements of record or to easements established by judgement of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. DocuSign Envelope ID: DD885620-5192-418D-B5F4-61 E85D605FF1 Resolution 2024-13 Page 6 There are no existing easements in the project area that were acquired by the public at large that would be adversely affected by this project. A portion of City right-of-way will be closed for the creation of the plaza, but vehicular access between Sterling Way and Pacific Avenue will continue via the alley connection at the northern edge of the project site. Furthermore, the traffic study undertaken in 2022 (Exhibit E) determined that the closure of the right-of-way necessary for the development of the site for a civic plaza would not have an adverse effect on traffic and circulation for the area. It should also be mentioned that there are no existing private lots adjacent to the Project that will lose access to the street as result of this subdivision. 15. Discharge of waste from the proposed subdivision into an existing community sewer system would result in a violation of existing requirements prescribed by a California regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the Water Code. Sewer waste discharge from the project site will be in accordance with City, State, and Sanitation District regulations. The small commercial building will have indoor plumbing fixtures that will contribute a minimal amount to the City's overall sewage waste stream, but this contribution will not be in violation of the existing requirements. SECTION 4. The Application, as herein above described below, and the same is hereby approved subject to the following conditions: (a) That the property shall be developed and maintained in substantial accordance with Exhibit "A" to the staff report for TPM 84199, dated March 27, 2024; and (b) If within two (2) years after the date of approval of TPM 84199, all conditions of approval have not been satisfied, then TPM 84199 shall become null and void; and (c) Recordation of Final Parcel Map with the Los Angeles County Reorder shall be required prior to issuance of building permits. (d) The Final Map shall be submitted to Los Angeles County Fire Department for review and approval prior to recordation. SECTION 5. Pursuant to the foregoing recitations and findings, the City Council denies the appeal and upholds the Planning Commission decision to approve a Tentative Parcel Map to consolidate five (5) lots, vacated street right-of-way, and a city parking lot into one (1) 92,680 square foot lot (TPM 84199). SECTION 6. The City Clerk shall Certify to the passage of the adoption of this resolution and enter it into the book of original resolutions. DocuSign Envelope ID: DD885620-5192-418D-B5F4-61 E85D605FFI Resolution 2024-13 Page 7 SECTION 7. This resolution shall become effective immediately upon its adoption. SECTION 8. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED AND APPROVED this 15 th day of May, 2024. E DOCUSigned by: PAPR7P4QC Emmanuel Estrada Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK 1, Christopher Saenz, City Clerk of the Baldwin Park City Council, do hereby certify that the foregoing Resolution No. 2024-013 was duly and regularly approved and adopted by the City Council at a regular meeting thereof, held on May 15, 2024 and that the same was adopted by the following to wit: AYES: AVILA, DAMIAN, ESTRADA NOES: AYALA, GARCIA ABSENT: N/A U1 '-� R I r.11 10 M 0 F, r.11 DocuSigned by: RArnP7Ar")9A,1AA Christopher Saenz City Clerk