HomeMy WebLinkAbout2005 074 CC RESO2005 074 CC RESO ö˜Ðw`òÕwÚ Š ¤³s RESOLUTION 2005-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK APPROVING 1) A DEVELOPMENT
PLAN ALLOWING THE CONSTRUCTION OF A SIXTEEN
16) UNIT SINGLE-FAMILY DETACHED RESIDENTIAL
PLANNED DEVELOPMENT, 2) A CONDITIONAL USE
PERMIT TO ALLOW A DENSITY BONUS OF TWO
ADDITIONAL UNITS TO BE USED FOR AFFORDABLE
HOUSING AND 3) A TENTATIVE TRACT MAP TO
SUBDIVIDE FIVE LOTS INTO SIXTEEN LOTS FOR
RESIDENTIAL PURPOSES; APPLICANT: D.C.
CORPORATION; CASE NO.: DR-32, CP-721 and TM-
61345; LOCATION: 3940-3948 WALNUT STREET)
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:
a) That an application Application") for a Development Plan,
Conditional Use Permit and Tentative Tract Map was submitted on behalf
of the owners of certain real property, located at 3940-3948 Walnut Street
in the City of Baldwin Park the Property"), described more particularly in
the Application on file with the Planning Division; and
b) That the Application is requesting the required legislative and
administrative approvals necessary to allow the construction of a sixteen
16) unit Single-Family Detached Residential Development on the
Property; and
c) That on July 27, 2005, a duly noticed public hearing was held
on said Applications by the Planning Commission, and based upon
evidence presented including applicable staff reports and each member of
the Commission being familiar with the properties, the Planning
Commission recommended that the City Council approve the Application;
and
d) That on September 7, 2005, a duly noticed public hearing
was held on the Application by the City Council; and
e) That each fact set forth in the staff report presented to the
City Council on September 7 2005, is true and correct and accepted as a
fact by the City Council.
SECTION 2. That the City Council does hereby adopt the following Findings of
Fact applicable to all Conditional Use Permits:
2005 074 CC RESO ö˜Ðw`òÕwÚ Š ¤³s Resolution 2005-074
Page 2
a) That the site for the proposed affordable housing use is
adequate in size and shape to accommodate the proposed use provided a
development plan, street width less than 40 feet, and a conditional use
permit for a density bonus are approved, as the city code allows for a
maximum density bonus of 25% for affordable housing; and
b) That the site has sufficient access to streets and highways
adequate in width and pavement to carry the quantity and quality of traffic
generated by the proposed use, provided the street width less than 40 feet
is approved, as the project will be accessed by Walnut Street, the
Kenmore Avenue extension and a private cul-de-sac street having direct
access to Kenmore Avenue; and
c) That the proposed affordable housing use will not have an
adverse affect upon uses adjacent to the subject property as the proposed
use of single family residences is consistent and compatible with the
existing surrounding single family dwelling units; and
d) That the proposed affordable housing use is in conformance
with the General Plan of the City of Baldwin Park as the General Plan
designation of the subject properties is R-1, Single-Residential which is
compatible with the proposed use of sixteen 16) single-family detached
residential dwelling units.
SECTION 3. That the City Council does hereby adopt the following Findings of
Fact applicable to all Tentative Tract Maps:
a) That the site for the proposed development is physically
suitable as the topography of the site is essentially flat and will be
developed with sixteen 16) single-family detached residential dwelling
units at a density allowed by the City's Zoning Code provided that a street
width less than 40 feet, a Development Plan, a conditional use permit for a
Density Bonus, and a Planned Development overlay for the entire site are
approved; and
b) That the design of the subdivision will not be a threat to the
Health, Safety and Welfare of the citizens of Baldwin Park, provided a
street width less than 40 feet is approved, as the proposed project is a
sixteen 16) unit single-family detached residential dwelling development,
which is compatible with the surrounding single-family zoning designations;
and
c) That the Tentative Tract Map is consistent with the City of
Baldwin Park's General Plan as the property is designated Single-Family
Residential; and
d) That development of the site in accordance with the Tentative
Tract Map will not affect future passive or natural heating or cooling
opportunities for the area as the natural topography of the site is flat and
the future development of sixteen 16) 2-story dwelling units will therefore
2005 074 CC RESO ö˜Ðw`òÕwÚ Š ¤³s Resolution 2005-074
Page 3
not affect said opportunities; and
e) That the proposed Tentative Map is in an area serviced by
Valley County Water District and the District has indicated that the
proposal will not violate any water quality standards for the Water District.
SECTION 4. That the City Council does hereby determine that the public
necessity and convenience demand a street width of less than forty 40) feet for the
Kenmore Ave. extension.
SECTION 5. That the Development Plan, Conditional Use Permit and Tentative
Tract Map, as herein described, be and the same hereby are approved subject to the
following conditions of approval.
a) That the subject Property shall be developed and maintained
in substantial compliance with Exhibit A", dated September 7, 2005,
except as modified herein by these conditions; and
b) That electric garage door openers shall be provided for each
unit; and
c) That sectional roll-up garage doors shall be provided for each
unit; and
d) That all landscaped areas must be separated from vehicular
areas by a 6" continuous concrete curb; and
e) That a decorative block wall shall be provided surrounding
the property. Decorative block walls with brick cap will be required along
all exterior property lines that are visible from the public right-of-way and
the common driveway, proposed materials are subject to Planning Division
approval. Interior property line delineator walls shall be precision block
with a brick cap; and
f) Each of the homes shall be provided with decorative motion
sensor lights at each garage and main level entrance door. Exterior
lighting shall be decorative and automatically controlled. Manufacturer's
literature shall be submitted to the Planning Division for review and
approval when plans are submitted to the Building Division for plan check;
and
g) Each unit shall be pre-wired for an alarm system; and
h) A detailed landscaping plan shall be provided indicating the
size, location, and species of all trees, shrubs, ground cover, and any other
plan life proposed. This plan shall be submitted during plan check phase;
and
i) All Landscaping shall be automatically irrigated and a
2005 074 CC RESO ö˜Ðw`òÕwÚ Š ¤³s Resolution 2005-074
Page 4
detailed irrigation plan shall be submitted during the plan check phase; and
j) That the applicant shall submit a copy of the proposed
covenants, conditions and restrictions to the Planning Division prior to
obtaining building permits. Said CC&Rs must be approved by the City
Attorney for satisfaction with City requirements prior to issuance of such
permits; and
k) That the CC&Rs shall reflect that any future addition to
individual units shall be limited to a patio cover which shall not exceed 25%
of the rear yard area and shall meet all zoning code requirements; and
I) That the CC&Rs shall reflect that the City will not perform any
maintenance services, including, but not limited to, future asphalt repairs,
curb and gutter and sidewalk repairs and regular street sweeping of the
private cul-de-sac street. All future maintenance and repair shall be
controlled by the conditions of approval of the CC&Rs and shall be
financed by the homeowners' association as provided in the CC&Rs; and
m) That the CC&Rs shall note that the private street is a fire
lane, and NO PARKING" signs shall be posted and maintained by the
applicant and subsequently the homeowner's association for said private
street; and
n) That all utilities shall be undergrounded. This includes utility
connections to each individual unit, as well as along the frontage of the
property along Walnut Street and Kenmore Avenue; and
o) Provide the following information upon the Plan Check
submittal:
1. Three 3) architectural plans and one 1) extra site plan
for the Fire Department
2. Three 3) complete sets of Plans for the City.
3. Two sets of the following are required:
i. Soil Reports
ii. Structural Calculations
iii. Title 24 Energy Calculations
p) All conditions of the State Subdivision Act and the City's
Subdivision Ordinance must be met prior to recordation; and
q) All conditions of the Los Angeles County Fire Department
must be met prior to recordation. A written notification or approval plan
from the Fire Department must be submitted to the City; and
r) All special assessments and utilities or sewer connection
fees are to be paid prior to recording the final map; and
2005 074 CC RESO ö˜Ðw`òÕwÚ Š ¤³s Resolution 2005-074
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s) The developer shall be responsible for the relocation of
existing utilities as necessary. Provide separate utility services to each
parcel including water, gas, electricity, telephone, and cable TV all
underground) in accordance with the respective utility companies'
standards. Easements shall be provided as required; and
t) Prior to recordation of the final map, a written certification
from the Water District, GTE, SCE, SCG and Adelphia Cable stating that
adequate facilities are or will be available to serve the proposed
development shall be submitted to the City. The utility companies must
issue such letter at least 30 days prior to final map approval; and
u) 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
v) The final map shall be based on a field survey; and
w) All surveying for the proposed development will be done by
the developer, including the establishment of centerline ties; and
x) The surveyor's closure sheets must be enclosed with the final
map; and
y) New boundary monuments must be set in accordance with
City standards and subject to approval by the City Engineer; and
z) All easements existing prior to final map approval must be
identified. If an easement is blanket or indeterminate in nature, a
statement to that effect must be shown on the final map in lieu of its
location; and
aa) The following improvement plans, prepared by a registered
Civil Engineer and drawn in accordance with the conditions of approval
and to the satisfaction of the City Engineer, must be submitted to the City's
Engineering Division;
1. Grading Plan
2. Sewer Plan
3. Street Plan
4. Street Light Plan per City Master Plan)
bb) That the Developer shall submit a complete Hydrology study
of the Project area and surrounding area affected by the development; and
cc) That if the Los Angeles County Fire Department requires
additional hydrants or water pressure in addition to what already exists, or
if the Los Angeles County Fire Department requires a fire access road
2005 074 CC RESO ö˜Ðw`òÕwÚ Š ¤³s Resolution 2005-074
Page 6
during construction, no building permits shall be issued by the City's
Building Division except demolition or grading permits) prior to written
approval from the Los Angeles County Fire Department that either the
conditions have been met or that the City may go ahead and issue building
permits; and
dd) That no grading, building, demolition or construction permits
shall be issued by the City prior to the applicant having ownership of the
entire site; and final map approval; and
ee) Submit to the office a Soils Report signed by a Registered
Soils Engineer/Registered Civil Engineer; and
ff) The following off-site improvements must be existing or
guaranteed for:
1. Construct new driveway approaches per plan. All
driveway approaches shall meet ADA Americans with
Disabilities Act) requirements.
2. Plant one street tree for each unit on the proposed
development project.
3. All parcels must have separate and independent
connections to the main sewer line.
4. Install water services and gas services for the
development area per water and gas company.
5. Provide maps in digital format to the County of Los
Angeles per County requirements.
6. Provide hydraulic study and design and construct storm
drain for the development area if necessary.
7. Provide streetlights for the proposed street per city
master plan.
8. Obtain 30-foot wide strip of land from APN# 8546-004-
059 on Kenmore Street for the construction of street A".
gg) 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
hh) If the City accepts approval of the final map prior to the
completion of all required public improvements, the developer shall enter
into a subdivision agreement with the City and shall post the appropriate
security; and
ii) A copy of the final map reduced to 8 /2 x 11" shall be
submitted to the Engineering Division prior to final tract map approval; and
jj) Approval of this tentative map does not constitute approval of
the site plan or building footprints; and
2005 074 CC RESO ö˜Ðw`òÕwÚ Š ¤³s Resolution 2005-074
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kk) The City is being served by a cable TV franchise awarded to
Adelphia Cable. All residential units constructed shall be prewired and
made ready for cable TV connections; and
II) After the final map records, a mylar and two blueline 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 received by the
Engineering Division; and
mm) Provide a copy of the final map on a disc in PC format; and
nn) The vacation of a variable portion of street right-of-way as
shown on Tentative Tract Map 61345 must be approved by the City
Council in accordance with the procedure required by law; and
oo) The developer is required to obtain a General Construction
Storm Water Activity Permit GCASWP) from the Los Angeles Regional
Water Quality Control Board; and
pp) The developer is required to submit a Los Angeles Regional
Water Quality Control Board approved Storm Water Pollution Prevention
Plan SWPPP) copy to the Department of Public Works for review. The
SWPPP must always be kept on site and must be made available for
review by the City inspection staff and the State of California Regional
Water Quality Control Board upon request; and
qq) An Erosion Control Plan ECP) must also be submitted to the
Engineering Division for review and approval; and
rr) A Standard Urban Storm Water Mitigation Plan SUSMP)
must be submitted along with other project plans for City approval. The
project plan shall contain requirements specified by the City based on a
project Standard Urban Water Mitigation Plan Evaluation Form to be
provided by the Engineering Division; and
ss) The approval of the proposed project shall be contingent
upon provision of an assessment by a certified Traffic Engineer, of access
road(s) to the subject properties. Traffic conditions shall be analyzed for
the opening year. Occupancy permits shall be issued upon approval of
sufficient and effective circulation at entry and exit points. In conjunction
with the aforementioned assessments a warrant assessment shall be
conducted to evaluate for any potential installation of stop signs or traffic
signal(s) at the proposed entry /exit points. The developer shall implement,
prepare submittals and pay for all costs/fees related to the Traffic
Engineer's recommendations; and
tt) The final map must be recorded within 24 months or all
proceedings shall be terminated.
2005 074 CC RESO ö˜Ðw`òÕwÚ Š ¤³s Resolution 2005-074
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uu) Recordation of an agreement containing covenants, as
approved by the City Attorney, which will ensure the two units which are
proposed to be the low-income household units required to satisfy the
density bonus regulations remain occupied by such households as
required by law.
SECTION 6. Based upon the findings set forth above, and its legislative
discretion, the City Council hereby finds and determines that the Application shall be
approved.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution and
forward a copy hereof to the Secretary of the Planning Commission and the Applicant.
PASSED AND APPROVED this 7th day of September 2 l
NUELLOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF BALDWIN PARK
I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park,
do hereby certify that the foregoing Resolution 2005-074 was duly and regularly approved
and adopted by the City Council of the City of Baldwin Park at a regular meeting of the
City Council on September 7, 2005, by the following vote:
AYES: COUNCIL MEMBERS: Marlen Garcia, David Olivas, Bill Van
Cleave, Mayor Pro Tern Ricardo
Pacheco and Mayor Manuel Lozano
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COU tMBERS: NONE
ROSEMARY M. MIREZ, CMC
CHIEF DEPUTY CITY CLERK
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