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HomeMy WebLinkAbout2007 053 CC RESO2007 053 CC RESOHÄ—@¸—¿Í«RESOLUTION 2007-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, ADOPTING THE FINDINGS OF FACT, AND APPROVING A MODIFICATION TO A DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT TO ACCOMMODATE A PROPOSED FLOOR AREA EXPANSION AND FAQADE REMODEL OF AN EXISTING DEPARTMENT STORE APPLICANT: PACIFIC LAND SERVICES, REPRESENTING TARGET CORPORATION; CASE NO.: CP-690MOD AND DR-36; LOCATION: 3100 BALDWIN PARK BLVD.). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: a) That applications Applications") for modifications to a Development Plan and Conditional Use Permit were submitted on behalf of the owners of certain real property, located at 3100 Baldwin Park Boulevard in the City of Baldwin Park, described more particularly in the Applications on file with the Planning Division; and b) That the Development Plan is requesting approval to accommodate the proposed floor area expansion and facade remodel of an existing department store pursuant to Government Code Section 65453; and c) That the Conditional Use Permit modification is requesting approval to accommodate the proposed floor area expansion and facade remodel of an existing department store, pursuant to Section 153.502 C) 1) of the City's Municipal Code; and d) That on August 22, 2007, 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 Negative Declaration of Environmental Impact and the modifications to the Development Plan and Conditional Use Permit; and BIB] 39423-U01 2007-U02 053-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO110360-U03 C6-U03 RESO-U03 12/5/2007-U04 ROBIN-U04 2007 053 CC RESOHÄ—@¸—¿Í«Resolution 2007-053 Page 2 e) That a duly noticed public hearing was held on said Appliications by the City Council, and based upon evidence presented including applicable staff reports and each member of the Council being familiar with the properties, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of such Applications are present and that the modifications to the Development Plan and Conditional Use Permit should be approved. SECTION 2. That the City Council adopts the following findings of fact applicable to all conditional use permits: a) That the site is adequate in size and shape to accommodate the proposed use as Target is located within an established Shopping Center Sierra Center), which has more than the minimum required lot size approximately 18.5 acres) for the particular use; and b) That the site has sufficient access to sidewalks, streets and highways adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use, as the subject property has access to Baldwin Park Blvd. and Francisquito Ave., which are designated as arterial streets by the City's General Plan; and c) That the existing sale of beer and wine in conjunction with the existing Target Store has not had an adverse impact upon uses adjacent to the subject property, as the use is compatible with the adjacent uses. Furthermore, there have not been any issues/complaints related to the off- site sales of beer and wine from the residential area across from Target; and d) That the proposed use is consistent with the General Plan of the City of Baldwin Park as the General Plan encourages the development of high volume retail commercial centers Economic Development Element, Policy 5.1). SECTION 3. That the City Council adopts the following Findings of Fact applicable to the sale of alcoholic beverages: a) That the requested use at the proposed location is sufficiently buffered in relation to any abutting residentially zoned properties so as not to adversely affect the residentially zoned areas as the residential zone to the north of the site is buffered by Francisquito Avenue, which provides a secondary entrance to the shopping center as opposed to the main entrance along Baldwin Park Boulevard. Additionally, the primary entrance to the Target store is approximately 320 feet away from the residential uses which reduces noise; and BIB] 39423-U01 2007-U02 053-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO110360-U03 C6-U03 RESO-U03 12/5/2007-U04 ROBIN-U04 2007 053 CC RESOHÄ—@¸—¿Í«Resolution 2007-053 Page 3 b) That the exterior appearance of the property, including, but not limited to landscaping and architectural treatment of the building will not detract from the character of the surrounding neighborhood, as the proposed expansion and facade improvements have been reviewed and are in compliance with the Design Guidelines for the Sierra Vista Redevelopment Project Area. Furthermore, conditions of approval have been included to require the installation and maintenance of healthy vegetation in the existing and new landscape planters throughout the parking area of the Target site; and c) The general vicinity does not have an unusually high crime rate such that the proposed use would result in further criminal activity thus requiring additional police services if the modification to the conditional use permit is granted. Police Department review has indicated that there have not been any significant problems at this location and there shouldn't be, provided the Applicant complies with the conditions of approval and conditions imposed by ABC. SECTION 4. That the modifications to the Development Plan and Conditional Use Permit, as herein described by and the same are hereby approved subject to the following conditions of approval. a) That the property shall be developed and maintained in substantial accordance with Exhibit A" dated August 22, 2007; and b) That the use shall be operated and the subject property be maintained in a neat and orderly manner; that the site shall be kept free of litter and that all graffiti throughout the Sierra Center property) shall be removed within twenty-four 24) hours at the expense of the Applicant and/or owner; and c) That any temporary signs require separate fees, review, and approval from the Planning Division; and d) That this proposed project is subject to the City's Public Art Fee, Traffic Congestion Fee and Flood Control Protection Fee; and that these fees are paid prior to the issuance of any building permits; and e) That any mechanical equipment located on the roof shall be screened from public view. The means and methods of screening shall be identified on the plans submitted for plan check; and f) That all vents, gutters, downspouts, louvers, exposed flashiing, etc. shall be hidden from public view, treated as design elements, and fully coordinated with the rest of the building; and BIB] 39423-U01 2007-U02 053-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO110360-U03 C6-U03 RESO-U03 12/5/2007-U04 ROBIN-U04 2007 053 CC RESOHÄ—@¸—¿Í«Resolution 2007-053 Page 4 g) In the event that the Applicant proposes any new exterior elevation lighting, the Applicant shall submit to the City all manufacturer's literature related to the same. Any proposed light fixtures shall be subject to review and approval by the Planning Division; and h) That the Applicant shall remove or cause to be permanently removed all of the large, metal, temporary storage containers located on the premises; and i) That the Applicant shall install and/or maintain healthy vegetation within the landscaped planters on site. The Applicant shall identify on the plans submitted for plan check, existing and/or new landscaped planters, any new landscaping within the planters, and/or mulch as required; and j) That current emergency contact information shall be kept on file with the Baldwin Park Police Department; and k) That the Applicant shall provide a drainage plan. The Drainage Plan shall provide for ground water infiltration thru post construction best management practices and for roof runoff to be directed to earthen swales or landscaped planters. This information shall be included in the erosion control notes; and I) That the Applicant shall install four 4) parkway trees along Francisquito Avenue. Tree location, type and specific planting details shall be subject to review and approval by the City's Engineering Division; and m) That the Applicant shall submit a Standard Urban Storm Water Mitigation Plan SUSMP) form for the implementation of construction and post construction best management practices; and shall implement said practices; and n) That the Applicant shall provide a traffic control plan for any and all work adjacent to public streets; and o) That the Applicant shall submit all requested plans to Los Angeles County Fire Department LACFD") for any applicable approvals prior to obtaining a building permit. LACFD plan check service is located at 231 W. Mountain View Avenue, Glendora, CA 91741. 626) 963- 5564]. p) That the Applicant shall provide a minimum 26-foot wide fire department access road, clear to the sky, to within 150 feet of all portions of the exterior wall, as approved by the LACFD; and BIB] 39423-U01 2007-U02 053-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO110360-U03 C6-U03 RESO-U03 12/5/2007-U04 ROBIN-U04 2007 053 CC RESOHÄ—@¸—¿Í«Resolution 2007-053 Page 5 q) That the Applicant shall submit fire flow availability information on the closest fire hydrant using LACFD Form 196. This information can be obtained from the water purveyor; and r) That the Applicant ensure the fire flow from public hydrants at thus location be 3,750 gallons per minute at a residual pressure of 20 p.s.i. for a duration of 3 hours in compliance with LACFD requirements; and s) That a minimum 5-foot wide approved firefighter access walkway leading from the fire apparatus access road to the nearest building exterior opening shall be provided for firefighter and rescue purposes; and t) That the Applicant shall identify Building Code occupancy classification and type of construction on the building plans; and u) That the Applicant shall identify all existing fire hydrants within 300 feet of the property lines on the site plan and identify the distance from the hydrants to the property lines; and v) That commercial dumpsters shall not be located within 5- feet of combustible walls or eaves unless the area is protected by a fire sprinkler system; and w) That an APN Assessor Parcel Number) is required prior to submitting plans to the LACFD; and x) That the hours of operation shall be Monday through Saturday, 8:00a.m. to 10:00p.m. and Sunday 8:00a.m. to 9:00p.m. Holiday hours of operation shall be 6:00a.m. to midnight, the day after Thanksgiving to January 2; and y) That the Applicant shall prepare an area analysis identifying, on the plan submitted to the Building Division, types of occupancies, allowable areas and proposed areas for each building in conformance with the Chapters 3 and 5 of the Uniform Building Code UBC"); and z) That the Applicant shall prepare an exit analysis, identifying on the plans submitted to the Building Division, all required exits and travel distances for all exits in conformance with Chapter 10 of the UBC; and aa) That the project must fully comply with State of California accessibility requirements. The Applicant shall identify, on the plans to BIB] 39423-U01 2007-U02 053-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO110360-U03 C6-U03 RESO-U03 12/5/2007-U04 ROBIN-U04 2007 053 CC RESOHÄ—@¸—¿Í«Resolution 2007-053 Page 6 the Building Division, all required handicapped parking and show the path of travel from handicapped parking to the building and from the building to the public sidewalk. Buildings must be connected by a walkway accessible by wheel chairs. bb) That the Applicant shall obtain all applicable approvals from the Planning Division, Engineering/Public Works Department, Fire Department, and Health Department prior to applying for a building permit; and cc) That the Applicant shall provide complete Architectural, Structural, Electrical, Plumbing, Mechanical, and Title 24 California Energy plans and reports. Plans must be prepared by architects and/or engineers licensed in the State of California. The Applicant shall submit three sets of plans and two sets of reports energy, structural calculation, soils reports, and other related reports) when applying for a building permit; and dd) In the event that the project requires grading, the Applicant shall submit a building pad certification. A pad certification and compaction report is required prior to issuance of a building permit or in the alternative a building pad grade certification and compaction report must be provided prior to foundation inspection; and ee) That the Applicant shall comply with all requirements imposed by the State Department of Alcoholic Beverage Control and that failure to do so may be grounds for revocation of CP-690mod; and ff) That the Applicant shall comply with all conditions of approval within twelve 12) months after the date of approval of CP- 690mod and DR-36 or CP-690mod and DR-36 shall become null and void and subject to revocation pending a public hearing by the Planning Commission or the City Council on appeal. Any costs associated with the revocation of this conditional use permit and development plan shall be paid by the Applicant and/or owner; and gg) That the Applicant shall sign a notarized affidavit within twenty 20) days after the date of City Council approval stating that the Applicant has read and accepts all of the conditions of approval. SECTION 5. That the City Council at the time of the public hearing on the above matter reviewed and considered the proposed Negative Declaration of Environmental Impact. That the City Council, based upon its public review, does hereby find that said Negative Declaration has been prepared and was considered pursuant to the provisions and guidelines of the California Environmental Quality Act, and hereby adopts the BIB] 39423-U01 2007-U02 053-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO110360-U03 C6-U03 RESO-U03 12/5/2007-U04 ROBIN-U04 2007 053 CC RESOHÄ—@¸—¿Í«Resolution 2007-053 Page 7 Negative Declaration since there is no substantial evidence that the project will have a significant impact on the environment. SECTION 6. 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 19th day of Sep BIB] 39423-U01 2007-U02 053-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO110360-U03 C6-U03 RESO-U03 12/5/2007-U04 ROBIN-U04 2007 053 CC RESOHÄ—@¸—¿Í«Resolution 2007-053 Page 8 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution 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 October 3, 2007, by the following vote: AYES: COUNCIL MEMBERS: Anthony J. Bejarano, Ricardo Pacheco, Mayor Pro Tern Marlen Garcia and Mayor Manuel Lozano NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: David J. Olivas ABSTAIN: COUNCIL MEMBERS: ROSEMAR' M. GUMDRREZ NONE CHIEF DEPUTY CITY CLERK BIB] 39423-U01 2007-U02 053-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO110360-U03 C6-U03 RESO-U03 12/5/2007-U04 ROBIN-U04