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HomeMy WebLinkAbout2005 074 CC RESO2005 074 CC RESOö˜Ðw`òÕwÚŠ¤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 RESOö˜Ðw`òÕwÚŠ¤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 RESOö˜Ðw`òÕwÚŠ¤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 RESOö˜Ðw`òÕwÚŠ¤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 RESOö˜Ðw`òÕwÚŠ¤³s Resolution 2005-074 Page 5 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 RESOö˜Ðw`òÕwÚŠ¤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 RESOö˜Ðw`òÕwÚŠ¤³s Resolution 2005-074 Page 7 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 RESOö˜Ðw`òÕwÚŠ¤³s Resolution 2005-074 Page 8 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 BIB] 38657-U01 2005-U02 074-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO75115-U03 C6-U03 RESO-U03 10/19/2005-U04 ROBIN-U04 BIB] 38657-U01 2005-U02 074-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO75115-U03 C6-U03 RESO-U03 10/19/2005-U04 ROBIN-U04