HomeMy WebLinkAbout1987 080 CC RESO1987 080 CC RESO (Ìì ÷ y RESOLUTION NO. 87-80
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK GRANTING
A ZONE VARIANCE ALLOWING LESS THAN
THE REQUIRED LOT AREA FOR A PLANNED
DEVELOPMENT APPLICANT: MING-NANG
CHEN; LOCATION: 4765 STEWART AVENUE;
CASE NO.: ZV-563).
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS
FOLLOWS:
SECTION 1. That the City Council of the City
does hereby find, determine and declare, as follows:
of Baldwin Park,
a)
b)
That the owners of certain real property located at
4765 Stewart Avenue, more particularly described as Parcel
45 on Page 15 of Map Book 8542 of the Los Angeles County
Assessor's Records hereinafter Property"), heretofore
made application for a zone variance, as hereinafter
described; and
That the zone variance application seeks permission to
allow less than the required lot area for an R-l PD)
Section 17.30.060 of the City Code): and
c)
That the City Council
hearing upon the said
facts required pursuant
Park Zoning Code for the
present, to wit:
conducted a duly noticed public
matter and determined that the
to the provisions of the Baldwin
granting of a zone variance were
d)
1. That there are exceptional circumstances applicable to
the subject property which do not generally apply to
other property in the same zone, as the property is
located at the end of a future cul-de-sac and will be
required to dedicate a substantial portion of the pro-
perty for street improvements; and
2. That such variance is necessary for the preservation
and enjoyment of a substantial property right pos-
sessed by other property similarly situated, but which
is denied to the property in question, as other pro-
perties with the same amount of gross lot area would
be allowed to be developed with a planned develop-
ment and
3. That the granting of the variance will not be materi-
ally detrimental to the public welfare or injurious
to the adjacent properties, as the proposed develop-
ment is compatible with the existing uses on the
adjacent parcels; and
4. That the granting of the variance will not adversely
affect the General Plan of the City.
That based upon the above findings of fact, the applica-
tion should be granted subject to the conditions herein
after set forth.
SECTION 2. That the above described application for a zone
variance be, and the same hereby is, granted subject to the following
conditions:
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1987 080 CC RESO (Ìì ÷ y That the subject property shall be developed and maint-
ained in substantial compliance with Exhibit A" dated
September 2, 1987; and
The CC&R's shall reflect that the homeowner's association
shall maintain all common areas and the landscaping of the
front of each unit outside of the walled yard, the main-
tenance of the walls located on a property line, and that
future unit expansions shall be limited to patio covers
only, which shall not exceed 25 percent of the lots pri-
vate open space; a five 5) foot side yard area, and a
five 5) foot rear yard area shall be maintained for
said units; and
That the CC&R's shall note that the private street is a
fire lane, and No Parking" signs shall be posted and
maintained for said street; and
That the CC&R's shall include the City's resolution of
approval as an addendum; and
That design approval is subject to this project meeting
all design requirements of the Los Angeles County Fire
Department; and
The applicant shall enter into an agreement for individual
onsite pick-up with the refuse company; and
That electric garage door openers shall be provided for
each unit; and
That 24 inch box specimen trees shall be provided in front
of each unit, at the entrances to the project and within
the common open space area; and
On-site private street shall be designed as a standard
public" street" section with a crown along the centerline
and an integral curb and gutter; and
That the applicant shall submit to the Planning Division
landscape, irrigation plans, and CC&R's for review and
approval; and
That construction shall commence within one 1) year of
the effective date of City Council approval, or approval
of the development plan and zone variance is null and
void; and
The applicants shall install all public improvements as
required by the Engineering Division and Fire Department;
and
That the applicant shall submit for approval a tentative
map with CC&R's, said map shall show a common lot which
shall include the private street and all common open space
areas; and
That the applicant shall submit for approval a grading
plan, a street plan, soils report and a sewer plan pur-
suant to City standards; and
That the applicant shall sign a notarized afidavit within
twenty 20) days after the adoption of the resolution that
the applicant has read and accepts all the conditions of
approval; and
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1987 080 CC RESO (Ìì ÷ y SECTION 3. That the City Council at the time of the public
hearing on the above matter reviewed and considered the proposed
Negative Declaration. That the City Council, based upon its public
review, does hereby approve the proposed Negative Declaration, since
there is no substantial evidence that the project will have a signi-
ficant effect on the environment.
SECTION 4. That the City Clerk shall certify to the adoption of
this Resolution and shall forward a certified copy hereof to the Secre-
tary of the Planning Commission and to the applicant. The City Clerk
shall file the Negative Declaration in a manner prescribed by law.
PASSED AND APPROVED ON September 2 1987.
MAYOR
ATTEST:
itNDA L. GAZR, CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
City Clerk of the City of Baldwin Park do
foregoing resolution was duly and regularly
the City Council of the City of Baldwin Park
of the City Council on September 2 1987
I/ LINDA L. GAIR/
hereby certify that the
approved and adopted by
at its regular meeting
by the following vote:
AYES GIBSON. J. MCNEILL. IZELL, WHITE AND MAYOR KING
NOES NONE________________________________________
ABSENT NONE
ABSTAIN: NONE
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