HomeMy WebLinkAbout2008 034 CC RESO2008 034 CC RESO HÄ—@¸— ‘ RÍ«RESOLUTION 2008-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK APPROVING THE SPECIFIC PLAN AND
DEVELOPMENT PLAN TO ALLOW FOR THE
CONSTRUCTION OF A MULTI-FAMILY RESIDENTIAL
DEVELOPMENT CASE NO.: SP 08-01, DR-37, CP-760
AND TM-61747; LOCATION: 3427-3441 BALDWIN PARK
BOULEVARD; APPLICANT: D.C. CORPORATION)
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 Specific Plan,
Development Plan, Zone Change Specific Plan Overlay), Conditional Use
Permit and Tentative Tract Map was submitted on behalf of the owner of
certain real property, located at 3427-3441 Baldwin Park Boulevard in the
City of Baldwin Park, described more particularly in the Application on file
with the City Planner; and
b) That the Application was sought to allow the approval
of a Specific Plan, Development Plan, Specific Plan Overlay, Conditional
Use Permit and Tentative Tract Map which would allow for the
construction of a multi-family residential development 52 dwelling units);
and
c) That on May 14, 2008, 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
Specific Plan, Development Plan, Conditional Use Permit and Tentative
Tract Map; and
d) That a duly noticed public hearing was held on said
Applications 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 Specific Plan, Development Plan, Conditional Use
Permit and Tentative Tract Map should be approved.
SECTION 2. That the City Council does hereby adopt the following
Findings of Fact applicable to all Conditional Use Permits:
a) That the site for the proposed use is adequate in size and shape
to accommodate the proposed use in that the project site, which is 2.7
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acres will be developed with fifty-two 52) multi-family residential units and
integrated into an existing residential neighborhood provided a specific
plan, development plan and a conditional use permit for a housing
incentive is approved; 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 as the project will have access from
Foster Street; and
c) That the proposed use will not have an adverse affect upon uses
adjacent to the subject property, as the proposed use of multi-family
residences is consistent and compatible with the existing surrounding
neighborhood. Design features such as 8' high block walls and enhanced
landscaping have been incorporated to lessen the effects on adjacent
residences, which are zoned RG and R-1; and
d) That the proposed use is in conformance with the General Plan
of the City of Baldwin Park as the General Plan designation of the subject
properties is RG, Residential Garden, which is compatible with the
proposed use of fifty-two 52) multi-family 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 fifty-two 52) multi-family dwelling residences at a density
consistent with the applicable zoning provided that a Specific Plan,
Development Plan and Zone Change adding the Specific Plan SP)
Overlay) 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 as the proposed
project is a fifty-two 52) unit multi-family residential subdivision which is
compatible with the surrounding multi-family and single-family residential
zoning designations; and
c) That the Tentative Tract Map will be consistent with the City
of Baldwin Park's General Plan, provided approval of the Specific Plan,
Development Plan and Zone Change will allow for the site to be
developed with multi-family residences which is consistent with the project
proposal; 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; and
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e) That the proposed project is housing balanced as the
developer is providing multi-family homes for households of varying
income levels by including three 3) moderate income dwelling units; and
f) That the proposed Tentative Map is in an area serviced by
Valley County Water District, which has indicated that, the proposal is not
in violation of any water quality standards for the Water District.
SECTION 4. That Specific Plan SP 08-01, as set forth in Exhibit A"
hereto, hereby is approved.
SECTION 5. That the Development Plan as set forth in Exhibit B",
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 accordance with Exhibit A" and Exhibit B",
dated June 4, 2008 except as modified herein; 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) Each structure be pre-wired for security/alarm system
and include motion sensor external lighting at all entries/exits and
garages; and
e) That the applicant shall install public improvements as
required by the Engineering Division and County Fire Department; and
f) That a Homeowners Association HOA) shall be
established, pursuant to state law, and Covenants, Conditions and
Restrictions CC&R's) for the HOA shall be provided to the City for review.
The applicant shall reimburse the City for the costs associated with the
City Attorney review of the CC&R's. CC&R's shall be reviewed and
approved by the City Attorney prior to map recordation; and
g) That the applicant shall construct the project
according to the most recent Edition of the Uniform Building Code as
adopted by the City; and
h) That a landscape and irrigation plan must be
designed by a certified landscape architect and submitted for review and
approval to the Planning Division prior to the City's acceptance of building
construction plans for Plan Check. Once installed, all landscaping must be
continually maintained and preserved in accordance with the approved
landscape and irrigation plan. No trees shall be removed without good
cause, and only with prior written approval by the Planning Division. All
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landscaping shall be automatically irrigated; and
i) That the applicant shall prepare an area analysis, in
accordance with Chapters 3 and 5 of the California Building Code 2007
CBC), depicting types of occupancies, depicting allowable area and
proposed area for each building; and
j) That the applicant shall show all required occupancy
separations, if any; and
k) That the applicant shall provide exit analysis drafted
in accordance with CBC Chapter 10, depicting all required exists and
travel distance for all exists; and
I) That the applicant shall comply with the accessibility
requirement of the CBC; and
m) That the applicant shall obtain the following approvals
prior to applying for Building Permits:
1. Approval from Planning Division
2. Approval from Engineering/Public Works Department
3. Approval from Fire Department
n) That the design shall meet the requirement of the
CBC and latest adopted City of Baldwin Park building ordinance, in effect
at the time of building permit application date; and
o) That the applicant shall provide to the City 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. Submit two sets of
plans and two sets of reports energy reports, structural calculation, soils
reports, etc.) when applying for a building permit; and
p) That the applicant shall submit building pad
certification if this project requires grading work. Pad certification is
required prior to issuance of a building permit; and
q) That the applicant shall submit a copy of the recorded
parcel map if this project requires a parcel map. Parcel map must be
recorded prior to building permit issuance; and
r) That the applicant is responsible for contacting the
city to inquire about and submit all development fees required for this
project, which shall be paid at the time a building permit is sought and
prior to occupancy. The fees may include but are not limited to the
following:
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Building permit fees
Plan check fees
Planning Department fees
Engineering / Public Works fees
School fees.
Fees imposed by other agencies
Quimby Fee
Public Art Fee
Traffic Impact Fee
Flood Control Fee
Mitigation Fees
s) That the applicant shall meet all conditions of the Los
Angeles County Fire Department prior to recordation. A written
notification or approval plan from the Fire Department must be submitted
to the City; and
t) All conditions of the Subdivision Map Act shall be
met, including those as identified by the City's Engineering Division at
Attachment #7; and
u) That the applicant shall red curb paint) the
eastbound approach to the intersection to 100 feet back of the limit line)
on Foster Avenue at the intersection with Baldwin Park Boulevard; and
v) That the applicant shall install a detector loop in the
right turn lane at the limit line along Foster Avenue at the intersection with
Baldwin Park Boulevard; and
w) That the applicant shall provide a cash deposit in the
amount of $60,000 to the Engineering Division for the future installation of
a traffic signal at the Foster Avenue/Frazier Street intersection. A letter of
credit in the amount of $60,000 may be substituted for the cash deposit,
however, a cash deposit shall be required prior to any issuance of a
certificate of occupancy, unless the traffic signal has been constructed;
and
x) That a demolition permit, grading permit, block wall
building permit and off-site improvements permit may be issued prior to
final map recordation. All other building and construction permits shall not
be issued until the final map has been recorded; and
y) That the applicant shall be responsible for providing
qualifying documentation to the City's Housing Authority for the three 3)
moderate income units, prior to the issuance of a certificate of occupancy
for those three units; and
z) That the applicant shall provide a check in the
amount of $1876.75 payable to the Los Angels County Clerk for the Fish
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and Game Fee required for the Negative Declaration of Environmental
Impact within two 2) business days of City Council approval of the
applicable land use entitlements including these conditions of approval;
and
aa) That the applicant shall comply with all conditions of
approval within one 1) year after the date of approval or approval of this
Development Plan shall become null and void and will be subject to
revocation pending a hearing by the Planning Commission or the City
Council on appeal. Furthermore, any costs associated with the revocation
of this conditional use permit shall be paid by the applicant and/or owner;
and
bb) That the applicant shall sign a notarized affidavit
within twenty 20) days after the entitlements are approved by the City
Council stating that the applicant has read and accepts all of the
conditions of approval.
SECTION 4. 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 APPRCyd this 4th ddv of June 2008.
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES S
CITY OF BALDWIN PARK
I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby
certify that the foregoing Resolution 2008-034 was duly and regularly approved and
adopted by the City Council of the City of Baldwin Park at a regular meeting thereof,
held on June 4, 2008, by the following vote:
AYES: COUNCIL MEMBERS: Marlen Garcia, Monica Garcia, Ricardo
Pacheco, Mayor Pro Tem Anthony J.
Bejarano and Mayor Manuel Lozano
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
RA M. NIETO
PUTY CITY CLERK
Date
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