HomeMy WebLinkAbout1993 106 CC RESO1993 106 CC RESO (Ìì ´ ß RESOLUTION NO. 93-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OP' BALDWIN PARK APPROVING A REVISED
DEVELOPMENT PLAN AND A TENTATIVE TRACT MAP
TO SUBDIVIDE A 1.65 ACRE SITE FOR A 15 UNIT
RESIDENTIAL SUBDIVISION LOCATED AT 3733-3741
PUENTE AVENUE CASE NO. DR-7 AND TM-51670)
WHEREAS, JIN-JIE YU the Applicant") has filed an application with
the City for a revised Development Plan the Plan") and application
pursuant to Title 16 of the Baldwin Park Municipal Code for a Tentative
Tract Map to subdivide a 1.65 acre site for a 15 unit Residential
Subdivision located at 3733-3741 Puente Avenue the Map"); and
WHEREAS, the Applicant has paid the required filing fees; and
WHEREAS, the Map was submitted to appropriate agencies as required
by the subdivision requirements of state law and the Baldwin Park
Municipal Code, with the request for their review, comments, and
requirements Gov. Code Section 66455.7 school districts]; 66453 et seq
other agencies]); and
WHEREAS, said comments and requirements have been duly considered
and are reflected herein; and
WHEREAS, notice of a public hearing of the Planing Commission of the
City of Baldwin Park to consider the Map and the Plan was given in
accordance with applicable law GOV. Code Section 66451.3, 65090, 65091,
and 65009 b) 2)); and
the WHEREAS, a public hearing on the proposed Map and Plan was held by
Planning Commission in accordance with applicable law and all
interested persons were afforded an opportunity to appear at the hearing
and to express their opinions and otherwise be heard concerning the Map
and the Plan Gov. Code Section 66451, 65010, and 65804); and
WHEREAS, at the conclusion of its public hearing, the Planning
Commission adopted a Resolution recommending that the City Council
approve the proposed Map and Plan subject to certain findings and
conditions; and
WHEREAS, notice of a public hearing of the City Council of the City
of Baldwin Park to consider the proposed Map and Plan was given in
accordance with applicable law Gov. Code Section 66451.3, 65010, and
65084); and
WHEREAS, pursuant to Government Code Section 66452.3, City staff
prepared a written report recommending that the proposed Map be
approved, and served a copy of that report upon the subdivider at least
three 3) days prior to each of the aforementioned hearings; and
WHEREAS, pursuant to Government Code Section 66412.3, the City
Council has considered the effect of the proposed Map of the housing
needs of the region in which Baldwin Park is situated and has balanced
these needs against the public service needs of its residents and
available fiscal and environmental resources; and the approval of the
proposed Map represents the balance of these respective needs in a
manner which is most consistent with the City's obligation pursuant to
its police powers to protect the public health, safety and welfare; and
WHEREAS, the proposed Map and Plan are considered a project"
pursuant to the terms of the California Environmental Quality Act
CEQA"), and a Negative Declaration of Environmental Impact has been
prepared for this project and has been distributed for public review and
comment in accordance with CEQA; and
WHEREAS, the City Council has carefully reviewed and considered all
of the evidence presented in connection with the hearing on the Map and
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1993 106 CC RESO (Ìì ´ ß Plan, including but not limited to the staff report, all environmental
data including the initial study, the proposed Negative Declaration and
all written and oral testimony presented.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby finds as
follows:
Section 1: Pursuant to CEQA, the final Negative Declaration has
been completed in compliance with CEQA, the State CEQA Guidelines, and
the City's CEQA procedures contained in the city's CEQA Guidelines. The
City Council has independently reviewed and considered the information
contained in the Negative Declaration and finds that it adequately
discusses the significant environmental effects of the proposed Project,
and that, on the basis of the initial study and comments received during
the public review process, there is no substantial evidence that there
will be any significant adverse environmental effects as a result of the
approval of this Project Guideline Section 15074). The City Council
further finds that the Negative Declaration reflects its independent
judgement. P.R.C. Section 21082.1(c) 3).)
FURTHERMORE, pursuant to Title 14, California Code of Regulations,
Section 753.5 c) 1), the City Council has determined that, after
considering the record as a whole, there is no evidence that the
proposed project will have the potential for any adverse affect on
wildlife resources or the habitat upon which the wildlife depends. On
the basis of substantial evidence, the City Council hereby determines
that any presumption of adverse impact has been adequately rebutted, and
therefore,pursuant to Fish and Game Code Section 711.2 and Title 14,
California Code of Regulations Section 753.5 a) 3), the project is not
required to pay Fish and Game Department filing fees.
SECTION 2: Pursuant to Government Code Section 66473.5, the
proposed Map and the provisions for its design and improvement are
compatible with the objectives, policies and general land uses and
programs provided in the City's General Plan and ay applicable specific
plan.
SECTION 3: Pursuant to Government Code 66473.5, the proposed Map
and the provisions for its design and improvement are compatible with
the objectives, policies and general land use provided in the City's
local open space plan.
SECTION 4: Pursuant to Government Code Section 66474, with
incorporation of those conditions attached as Exhibit 1:
a) The proposed map is consistent with the applicable general and
specific plans.
b) The design and improvements of the proposed subdivision are
consistent with the General Plan.
c) The site is physically suitable for the type of development
contemplated by the proposed subdivision.
d) The site is physically suitable for the proposed density of
development contemplated by the proposed subdivision.
e) The design of the subdivision and improvements is not likely to
cause substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat
f) The design of the subdivision and improvements is not likely to
cause serious public health problems.
g) The design of the subdivision and the type of improvements will
not conflict with easements, acquired by the public at large,
for access through or use of the property within the proposed
subdivision.
SECTION 5: Pursuant to Government Code Section 66474.6, the
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1993 106 CC RESO (Ìì ´ ß discharge of waste from the proposed subdivision into the existing sewer
system will not result in a violation of existing requirements
prescribed by the Regional Water Quality Control Board.
SECTION 6: Pursuant to Government Code Section 66473.1, the
Tentative Tract Map does provide, to the extent feasible, for future
passive or natural heating or cooling opportunities.
SECTION 7: The proposed development exhibits a superior quality of
architecture and site design, and will not be detrimental to surrounding
properties.
SECTION 8: The proposed development represents a logical and
rational transition of residential densities between the adjacent RG and
R1 zoned properties.
SECTION 9: The proposed development, consisting of clustered homes
and common open space, meets the purpose and intent of the Planned
Development Overlay Ordinance.
BE IT FURTHER RESOLVED THAT, based upon the foregoing, the City
Council hereby approves the proposed Tentative Tract Map subject to
those conditions set forth in the attached Exhibit 1, and the proposed
Plan subject to those conditions set forth in the attached Exhibit 2,
all of which are to be satisfied prior to the issuance of a Certificate
of occupancy unless otherwise specified. The City Clerk shall certify
to the adoption of this Resolution and shall transmit copies of same to
the Applicant.
PASSED AND ADOPTED on the 6th day of
October, 1993.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS
CITY OF BALDWIN PARK
I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby
certify that the foregoing resolution was duly adopted by the City
Council of the City of Baldwin Park and signed by the Mayor of said City
at a meeting held on the 6th day of October
1993, and that the same as passed by the following vote, to-wit:
AYES: MARTINEZ, NCNEILL, GALLEGOS, MAYOR VARGAS
NOES: NONE
ABSENT: IZELL
ABSTAIN: NONE
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1993 106 CC RESO (Ìì ´ ß EXHIBIT 1
CONDITIONS. TENTATIVE TRACT MAP NUMBER 51670
1) All conditions of the State Map Act and the City's Subdivision
Ordinance must be met prior to recordation; and
2) All conditions of the Los Angeles County Fire Department must be met
prior to recordation. A written notification or approved plan from
the Fire Department must be submitted to the City; and
3) All special assessments and utilities or sewer connection fees are
to be paid prior to recording the final map; and
4) The developer shall be responsible for the relocation of existing
utilities as necessary. Provide separate utility services to each
parcel including water, gas, electric power, telephone, and cable TV
all underground) in accordance with the respective utility
companies' standards. Easements shall be provided as necessary.
5) Prior to recordation of the final map, a written request from the
water district, GTE, SCE, SCG and the County Sanitation District of
Los Angeles stating that adequate facilities are or will be
available to serve the proposed development shall be submitted to
the City. Such letter must be issued by utility company at least 30
days prior to final map approval; and
6) A title report/guarantee showing all fee owners and interest holders
must be submitted when a final map is submitted for plan check. This
account must remain open until the final map is filed with the
County Recorder. An updated title report/guarantee must be
submitted ten 10) working days prior to final map approval; and
7) The final map shall be based on a field survey; and
8) All survey for the proposed development will be done by the
developer, including the establishment of centerline ties; and
9) The surveyor's closure sheets must be enclosed with the final map.
10) New boundary monuments must be set in accordance with the City
Standards and subject to approval by the City Engineer.
11) All easements existing prior to final map approval must be
identified. If easement is blanket or indeterminate in nature, a
statement to that effect must be shown on the final map in lieu of
its location.
12) All site grading, landscaping, irrigation, street improvements, and
sewer improvement plans shall be coordinated for consistency prior
to final map approval.
13) Submit sewer improvement plan to meet City Standard of public sewer
system, signed by a Registered Civil Engineer and drawn to the
satisfaction of the City Engineer. Plan shall be submitted on the
City's standard mylar.
14) A ten 10) foot easement shall be dedicated to the City for on-site
public sewer mainline; and
15) Submit a complete hydrology study of the project area and
surrounding area affected by the development.
16) Draft CC&R's will be reviewed and approved by the City Attorney
prior to approval of the Final Map.
17) Grading Plan 24"x 36") must be designed in compliance with
recommendations of the final detailed soils report. All remedial
earthwork shall be incorporated into the plans by the Civil
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1993 106 CC RESO (Ìì ´ ß Engineer. Plan shall be submitted on the City's standard mylar.
18) Grading Plan must be signed and stamped by a register soils Engineer
and/or a Registered Geologist.
19) Submit to the Engineering Division a Soils Report signed by a
Registered Soils Engineer.
20) The following off-site improvements must be existing or guaranteed
for:
a) Remove existing drive approach(es) not being utilized and
replace with full height curb and gutter; and
b) Construct new concrete drive approach(es) per plan; and
c) Each proposed parcel must have separate and independent
connection to the mainline sewer line; and
d) Remove two 2) inches of asphalt and repave along the
entire frontage of the project from curb to curb; and
e) Restripe new pavement to match existing striping; and
f) Plant two 2) 24" box street trees;
g) Install new irrigation system and landscaping on parkway
along entire frontage of the project; and
21) The developer shall submit to the City Engineer the total cost
estimate for bonding purposes of all off-site improvements, prior to
approval of the final map; and
22) If any required public improvements have not been completed by the
developer and accepted by the City prior to approval of the final
map, the developer shall enter into a subdivision agreement with the
City and shall post the appropriate security; and
23) Approval of this Tentative Map does not constitute approval of a
site plan or building footprints; and
24) The City is being served by a cable T.V. franchise awarded to United
Television of Baldwin Park, Inc. All Residential units constructed
shall be prewired and otherwise made ready for cable T.V.
connections.
25) After the final map records, a sepia and two blue line prints shall
be submitted to the Engineering Division at no cost to the City.
Final occupancy will not be granted until the recorded map is
receive by the Engineering Division.
26) The Final map must be recorded within 24 months or all proceedings
shall be terminated; and
27) All graffiti visible from Puente Avenue shall be removed within 24
hours; and
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1993 106 CC RESO (Ìì ´ ß EXHIBIT 2
CONDITIONS. DEVELOPMENT PLAN
1) That the property shall be developed and maintained in substantial
compliance with Exhibit A", dated September 22, 1993; and
2) That design approval is subject to this project meeting all design
requirements of the Los Angeles County Fire Department; and
3) That all garages shall contain roll up garage doors; and
4) That electric garage door openers be provided and maintained for
each unit; and
5) That the applicant shall enter into an agreement for individual
on-site pick-up with the refuse company; and
6) 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
7) That the applicant shall submit to the Planning Division landscape
and irrigation plans, an on-site lighting plan, and CC&R's for
review and approval; and
8) That construction shall commence within one 1) year of the
effective date of City Council approval, or approval of the
development plan is null and void; and
9) The applicant shall install all public improvements as required by
the Engineering Division and Fire Dept.; and
10) That the applicant shall submit for approval a final map with the
CC&R's. Said map shall show a common lot which shall include the
private street and all common open space areas; and
11) That a security alarm system shall be provided for each unit to
protect all openings windows and doors) and be pre-equipped to link
with the City's Police Department; and
12) That all block walls, except those portions visible only from within
a private yard, shall be stucco coated; and
13) That the applicant shall submit for approval a grading plan, soils
report and a sewer plan pursuant to City standards; and
14) That pursuant to Fish and Game Code Section 711.2, the project will
have a de minimis impact upon fish and wildlife and that a $25.00
administrative fee must be submitted to the Planning Division made
payable to the Los Angeles County Clerk) for filing the Certificate
of Fee Exemption with the County Clerk; and
15) The CC&R's shall reflect that the homeowner's association shall
maintain all common areas and the landscaping of the front yard
areas of each lot outside of the walled yard; and
16) That the private open space area shall permit the addition of an
architecturally compatible patio cover which does not exceed a
maximum of 150 square feet in area, and which maintains a minimum
setback of five 5) feet from the side and rear lot lines; and
17) That the CC&R's shall include the City's resolution of approval as
an addendum.
18) That any graffiti visible from Puente Avenue shall be removed within
24 hours; and
19) That the applicant shall sign a notarized affidavit within twenty
20) days after the adoption of the City Council Resolution that the
applicant has read and accepts all the conditions of approval.
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