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HomeMy WebLinkAbout2008 034 CC RESO2008 034 CC RESOHÄ—@¸—‘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 BIB] 39636-U01 2008-U02 034-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO118401-U03 C6-U03 RESO-U03 7/2/2008-U04 ROBIN-U04 2008 034 CC RESOHÄ—@¸—‘RÍ«Resolution 2008-034 Page 2 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 BIB] 39636-U01 2008-U02 034-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO118401-U03 C6-U03 RESO-U03 7/2/2008-U04 ROBIN-U04 2008 034 CC RESOHÄ—@¸—‘RÍ«Resolution 2008-034 Page 3 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 BIB] 39636-U01 2008-U02 034-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO118401-U03 C6-U03 RESO-U03 7/2/2008-U04 ROBIN-U04 2008 034 CC RESOHÄ—@¸—‘RÍ«Resolution 2008-034 Page 4 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: BIB] 39636-U01 2008-U02 034-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO118401-U03 C6-U03 RESO-U03 7/2/2008-U04 ROBIN-U04 2008 034 CC RESOHÄ—@¸—‘RÍ«Resolution 2008-034 Page 5 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 BIB] 39636-U01 2008-U02 034-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO118401-U03 C6-U03 RESO-U03 7/2/2008-U04 ROBIN-U04 2008 034 CC RESOHÄ—@¸—‘RÍ«Resolution 2008-034 Page 6 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. BIB] 39636-U01 2008-U02 034-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO118401-U03 C6-U03 RESO-U03 7/2/2008-U04 ROBIN-U04 2008 034 CC RESOHÄ—@¸—‘RÍ«Resolution 2008-034 Page 7 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 BIB] 39636-U01 2008-U02 034-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO118401-U03 C6-U03 RESO-U03 7/2/2008-U04 ROBIN-U04