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HomeMy WebLinkAbout2000 01 13 CC ADJOURNEDAGENDA FOR THE ADJOURNED REGULAR MEETING OF THE CITY OF BALDWIN PARK CITY COUNCIL JANUARY 13,2000 @ 6.00 P.M. COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CALIFORNIA 91706 PUBLIC COMMUNICATIONS FIVE (5) MINUTE MAXIMUM SPEAKING TIME LIMIT No Action or Discussion shall be taken on any item not appearing on the posted agenda, except the members of the legislative body or its staff, who may briefly respond to statements made or questions posed by persons..." (Government Code §54954.2) Si desea hablar acerca de cualquier terra, por favor, ease adelante durante Communicacion Oral, Un interprete estara presente. PUBLIC HEARING A. CONSIDERATION OF AN APPEAL RELATING TO A DECISION OF THE PLANNING COMMISSION TO DENY A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT ZONE VARIANCE AND TENTATIVE TRACT MAP FOR A 20 LOT SINGLE - FAMILY DENSITY BONUS DEVELOPMENT. CASE NO.: CP -592 ZV -563 AND TM- 5282$ LOCATION: 14125 -14139 MERCED AVENUE; APPELLANT: D.C. CORPORATION (Continued from January 5, 2000) Recommendation: Waive further reading and adopt Resolution No. 99 -98 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING ON APPEAL, A CONDITIONAL USE PERMIT, ZONE VARIANCE AND TENTATIVE TRACT MAP FOR A TWENTY LOT SINGLE - FAMILY RESIDENTIAL SUBDIVISION (APPELLANT: D.C. CORPORATION; LOCATION: 14125 -14139 MERGED AVENUE; CASE NO. CP -592, ZV -653, AND TM- 52825) ", read by title only and waive further reading thereof, or, adopt Resolution 99 -98, dated January 5, 2000 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING ON APPEAL, A CONDITIONAL USE PERMIT, ZONE VARIANCE AND TENTATIVE TRACT MAP FOR A TWENTY LOT SINGLE - FAMILY RESIDENTIAL SUBDIVISION INCORPORATING THE CHANGES AS NOTED IN THIS ADDENDUM (APPELLANT: D.C. CORPORATION; LOCATION 14125 -14139 MERCED AVENUE; CASE NO.: CP -592, ZV -653 AND TM- 52825) B. CONSIDERATION OF AN APPEAL RELATING TO A DECISION OF THE PLANNING COMMISSION TO DENY A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT ZONE VARIANCE AND TENTATIVE TRACT MAP FOR AN 11 LOT SINGLE - FAMILY DENSITY BONUS DEVELOPMENT. CASE NO.: CP -573 ZV -641 AND TM -52451 LOCATION: 4906 -4922 BLEECKER STREET, APPELLANT: D.C. CORPORATION (Continued from January 5, 2000) Adjourned Regular Meeting Agenda -- January 13, 2000 Page 2 Recommendation: Waive further reading and adopt Resolution No. 99 -99 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING ON APPEAL, A CONDITIONAL USE PERMIT, ZONE VARIANCE AND TENTATIVE TRACT MAP FOR AN ELEVEN LOT SINGLE - FAMILY RESIDENTIAL SUBDIVISION (APPELLANT: D.0 CORPORATION; LOCATION: 4906 -4922 BLEECKER STREET; CASE NO.: CP -573, ZV -641 M, AND TM52451) ", read by title only and waive further reading thereof. 2. ADJOURN CERTIFICATE OF POSTING 1, Rosemary M. Ramirez, Deputy City Clerk of the City of Baldwin Park, certify under pen Ity of perjury under the laws of the State,of California, that the foregoing agenda was posted on the City Hall bulletin boa not less than 24 hours prior to the meeting. Dated this 10''' day of January 2000. j % �� Rosemary fi Deputy City COPIES OF STAFF REPORTS AND SUPPORTING DOCUMENTATION PERTAINING TO EACH ITEM ON THIS AGENDA IS AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL AND THE LIBRARY. FOR FURTHER INFORMATION REGARDING AGENDA ITEMS, CONTACT THE CITY CLERK'S OFFICE AT (626) 813 -5219 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management, (626) 960 -4011. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CPR 35.102.104 ADA Title I1). i IIII�� STAFF REPORT g�►L�wtni CITY OF BALDWIN PARK P , A . 92 . K CITY COUNCIL AGENDA TO: city Council JAN 13 2000 FROM: Dayle Keller, Interim CEO r ITEM N0. DATE: January 13, 2000 SUBJECT: Continued from Janua 5-,- 2000, consideration of an appeal relating to a decision of the Planning Commission to deny a request to approve a conditional use permit, zone variances, and tentative tract map for a 20 lot single-family density bonus development. Case no.: CP -592, ZV -563 and TM- 52828, Location: 14125 -14139 Merced Avenue, Appellant: D.C. Corporation. PURPOSE This report requests City Council consideration of an appeal relating to the Planning Commission's decision to deny cases CP -552; ZV -653 and TM- 52828. BACKGROUNDIDISCUSSION At the January 5, 2000 meeting of the City Council, Councilmembers voted to continue the above - mentioned entitlements to a special meeting on January 13, 2000. This continuance would allow the Councilmembers additional time to read the documents provided the night of the meeting. In addition to the contents of this report, the Council does have the option of approving Resolution 99 -98 as written which was presented to the City Council on January 5, 2000. Staff met with the Developer on January 10, 2000 to discuss the subject resolution and conditions of approval applicable to Paddy Lane, although ultimately the Developer would like the City Council to approve the resolution dated January 5, 2000 as written. However, the Developer is aware that there are noise concerns regarding the proposed reduction of the 20' high wall adjacent to the railroad tracks to 8' in height, which could affect the proposed residential development. WaU Issue The original wall height of 20' came as a result of the Initial Study, which states that there could be a significant impact on the adjacent residential project from the passing trains unless there are mitigation measures in place, hence the suggestion of a 20' high wall. Additionally, the 20' CP -592, ZV -653, & TM -52828 January 13, 2000 Page 2 of 4 high wall would probably completely obscure view of the passing trains and provide an additional noise barrier. As part of the January 5, 2000 staff report, staff suggested that as opposed to a 20' high wall, the Developer provide an 8' high block wall with Cypress Leylande trees planted every 5' on center. Staff suggested this option to the Developer due to the long -term negative aesthetic effects associated with a 20' high block wall. Additionally, staff spoke with the noise consultant, Behrens & Associates Engineers (This particular consultant prepared the Metrolink Noise Mitigation Study for the City.) regarding staffs proposed reduction of the wall height from 20' to 8' in height. The consultant stated that this proposal is an insignificant noise mitigation improvement, therefore staff returned to the 20' high wall as recommended by the Initial Study. At staff's meeting with the Developer on January 10, 2000, the Developer stated that they would consider a 14' high wall. The Developers, in their opinion, stated that a 14' high wall would substantially obscure the view of the passing trains and also a substantial portion of the noise from not only the 1S1 story windows but also the 2nd story windows. During the January 10, 2000 meeting the Developer stated that they would only consider a 14' high block wall subject to the following conditions (strikethroughs are proposed deletions and bolded words are additions): Landscaping Adiacent to the Wall next to the Railroad tracks 44 Condition (r) would be reworded as follows: That the Developer shall provide a maximum of two (2) type of Cypress Leylande tree species, fifteen (15) gallon in size adjacent to the rear or side wall (on the inside of the property closest to the residence) only on the properties adjacent to the railroad tracks (Lots 1 -7 and 9). Additionally, Ficus Repends (a wall climbing shrub) will be planted adjacent to the wall to climb and spread along the rear or side wall. These trees and wall climbing shrubs shall be planted as close as possible toward the beginning of the construction phase of this project in order to give the trees additional time to root and mature. Additionally, the Developer shall provide a working irrigation system to the rear yard areas and the above - mentioned trees on the above - mentioned Lots; and This compromise between the City and the Developer will reduce the number of trees in the rear yard areas of the properties adjacent to the railroad tracks by approximately 56 trees. Originally, the trees would provide a noise barrier with the 8' high wall; now the increased height of the wall from 8' to 14' would provide additional noise mitigation and eliminate the need for the additional trees. However, additional Ficus Repends will be planted along the wall to soften the view of the proposed wall. Stamped Concrete within the Driveway Areas 24 That condition (u) shall be deleted. That the.. ever shall--previde a GP-592, ZV -653, & TM -52828 January 13, 2000 Page 3 of 4 V 11110 r This compromise between the City and the Developer will result in none of the driveways within the project area having stamped concrete. Wall Framing and Insulation 3) That condition (s) shall be deleted. That unless ethepwise Rated, the This condition is redundant due to the fact the Developer is required to comply with Title 26 of the Los Angeles County Code which addresses development standards for residential uses near ambient noise sources (i.e. railroad tracks, airports, etc.). The City Council adopted this Code in July 1999. Front Yard Trees 4) That condition (1) shall be reworded as follows: (8) 24" bex trees That the Developer shall provide a minimum of fifty percent (50 %) of the trees proposed to be planted in the front yard areas throughout the project would be a combination of 48" box and 32" box trees; the remaining trees shall be of a 24" box variety (reference Condition m below). The front yard of each residence shall be planted with one (1) of the above - mentioned trees. This condition shall only be waived if the Planning Division determines that there is already an existing mature tree within the front yard area of a particular Lot. If there is an already existing mature tree within the front yard of a particular Lot, the Applicant shall then eliminate a 24" box tree, and This is a relatively minor change to the original condition. Instead of requiring absolute numbers (6, 6, and 8) of trees (which might not be available) staff and the Developer compromised to allow the Developer to provide a percentage of the larger box trees. Staff again spoke with Don Behrens of Behrens & Associates Engineers on January 11, 2000 regarding a wall height of 14 feet. Mr. Behrens stated that although a 20' high wall is preferable, a 14` high wall is better than an 8' high wall. However, Mr. Behrens prefaced that statement by saying that in actuality the wall along the Metrolink Tracks should be much higher than 20' and that there is no residential house within 40' of the railroad tracks in Baldwin Park. He indicated that the existing residential homes and proposed homes would suffer from the effects of both the noise and vibration of the passing trains. He stated that a wall which would completely obscure view of the train is best and that although the train horn has been relocated near the base of the train, there is still noise and exhaust from the engine which is located near the top of the train. If Council prefers a 20" high wall additional concessions will need to be considered with regards to the Resolution dated Jana 5 2000. CP -592, ZV -553, & TM -52828 January 13, 2000 Page 4 of 4 Additional Information not related to the Entitlements The City's Redevelopment Agency also has some requirements for the project that need to be addressed as follows: 1) The Developer has applied to reserve Los Angeles County Community Development Commission (CDC) Funding. The commitment. expires in early June 2000. 2) The Agency OPA requires the following important items: ITLi STATUS_ . .............. . a) The Developer needs to provide a list of The list has not been submitted. The eligible homebuyers Schedule of Performance does not clearly address the due date. b) The Developer needs to submit to the The Plan has not been submitted. The Agency for approval a plan to finance the Schedule of Performance does not clearly acquisition and construction of the project address the due date. c) Purchase Negotiations The Agreement requires that the Participant to obtain Agency concurrence on this matter. Staff has not participated in this matter to date. Escrow has been opened and staff has received escrow instructions from Premium Escrow on the property located at 14139 Merced Avenue. RECOMMENDATION Staff recommends that the City Council adopt one (1) of the following recommendations: 1) Staff recommends that the City Council adopt Resolution 99 -98, dated January 5, 2000 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING ON APPEAL, A CONDITIONAL USE PERMIT, ZONE VARIANCE AND TENTATIVE TRACT MAP FOR A TWENTY LOT SINGLE - FAMILY RESIDENTIAL SUBDIVISION (APPELLANT: D.C. CORPORATION; LOCATION 14125 - 14139 MERCED AVENUE; CASE NO.. CP -592, ZV -653 AND TM- 52825); or 2) Staff recommends that the City Council adopt Resolution 99 -98, dated January 5, 2000 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING ON APPEAL, A CONDITIONAL USE PERMIT, ZONE VARIANCE AND TENTATIVE TRACT MAP FOR A TWENTY LOT SINGLE - FAMILY RESIDENTIAL SUBDIVISION INCORPORATING THE CHANGES AS NOTED IN THIS ADDENDUM (APPELLANT: D.C. CORPORATION; LOCATION 14125 -14139 MERCED AVENUE; CASE NO.: CP -592, ZV -653 AND TM- 52825) Approved by: Richard E. Forintos, Interim Community Development Director Report Prepared by: Amy L. Harbin, Acting Principal Planner i f111�� IE 1 BALDWIN 5 . A . R . K TO: FROM: DATE: CITY OF BALDWIN PARK City Council Dayle Keller, Interim CEO January 5, 2000 .STAFF REPORT SUBJECT: Continued from December 15 1999, consideration of an appeal relating to a decision of the Planning Commission to deny a request to approve a conditional use permit, zone variances, and tentative tract map for a 20 lot single- family density bonus development. Case no.: CP -592, ZV -563 and TM- 52828; Location: 14125 -14139 Merced Avenue; Appellant: D.C. Corporation. PURPOSE This report requests City Council consideration of an appeal relating to the Planning Commission's decision to deny cases CP -592; ZV -653 and TM- 52828. BACKGROUND Several months ago, D.C. Corporation submitted applications for 1) a conditional use permit pursuant to Section 153.531 of the City Code allowing a density bonus to construct twenty (20) single family homes, sixteen (16) of which will be reserved for low income families; 2) zone variances from Sections 153.053 (A), 153.053 (G), and 153.053 (B) of the City Code to allow a) less than the minimum required lot areas for lots 1 through 6, 8 through 13 and 15 through 20, b) greater than the maximum floor area ratio for lot 8, and c) less than the minimum required lot width for lots 1 through 5, 9, 10, and 16 through 20; and 3) a tentative tract map to allow a twenty (20) lot single - family residential subdivision. In its current state, the subject property consists of nine (9) contiguous parcels facing Merced Avenue totaling approximately 102,248+ square feet (2.35± acres). The General Plan Land Use designation of the property is Single- Family Residential and the property is consistently zoned R -1 (Single - Family Residential). The site is essentially flat and vacant except for an existing one story single - family residential home at 14139 Merced Avenue which is proposed to be demolished by the Developer. The immediate neighborhood is developed primarily with single story homes, with an average lot size of approximately 5,690 square feet. Existing vegetation on the site consists of several mature trees along the Merced Avenue frontage. The adjacent zoning and land uses are listed in the following table. Reviewed by: CP -592, ZV -653, & TM -52828 January 5, 2000 Page 2 of 14 Table I Ad'acent Zoning & Land Use - Density Bonus The City's Housing Incentives section of the Code (Section 153.530) is intended to implement the State's density bonus law by offering incentives for developers to build affordable housing. State law mandates that, when a developer agrees to set aside a certain percentage of homes for low -or very low- income households, the City must either grant a density bonus, or grant incentives that have the equivalent value of the density bonus. When a city elects to allow a density bonus, the incentive is provided by allowing a developer to build more units than are usually permitted within the underlying zone of the property without purchasing additional land. The added value created by the city granting the bonus functions as a subsidy to the developers cost. In theory, this added value is applied to the project to lower the cost of a percentage of homes, making them available at a below market price and available to low -or very low - income families. The conditional use permit is being requested in order to exceed the maximum density in the R- 1 zone. The City Code allows density bonuses if an applicant agrees to reserve the density bonus units for low- income households. For this project, the applicant is requesting a density bonus of 25% and three additional regulatory concessions (the variances) in return for reserving sixteen homes on the twenty lots (80% of the residences) for low - income families. The affordable units are designated as Lots 1 -7, 9, 10, 12, and 15 -20. Essentially, the applicant is reserving more homes than what the City Code requires. Code Section 153.535 (Housing Incentives) of the Municipal Code requires an agreement to be recorded with the County which shall run with the land ensuring that each affordable unit will remain affordable for a period of thirty (30) years. The City's Housing Authority will be responsible for reviewing each proposed owner to determine their eligibility. Each time ownership of an affordable unit changes, the City's Housing Authority is required to be notified. Additionally, as with prior affordable projects, the City's Redevelopment Agency has been conducting yearly checks to determine that the unit is owner occupied per the City's Housing Incentives Section of the Zoning Code. - Variances By State law, when a city elects to grant a density bonus, it must also grant at least one additional regulatory concession, such as a reduction of a development standard (i.e. parking, open space, setbacks, etc.) to ensure that the housing development will be produced at a reduced cost. To accommodate the higher density of the project, the following variances are being requested by the applicant: 1) less than the minimum lot area; 2) more than the maximum North R -1 Single- Family Residential South R -1105 S F R / Junior High School East R -1 Metrolink Railroad Tracks /SFR West R -1 Single - Family Residential - Density Bonus The City's Housing Incentives section of the Code (Section 153.530) is intended to implement the State's density bonus law by offering incentives for developers to build affordable housing. State law mandates that, when a developer agrees to set aside a certain percentage of homes for low -or very low- income households, the City must either grant a density bonus, or grant incentives that have the equivalent value of the density bonus. When a city elects to allow a density bonus, the incentive is provided by allowing a developer to build more units than are usually permitted within the underlying zone of the property without purchasing additional land. The added value created by the city granting the bonus functions as a subsidy to the developers cost. In theory, this added value is applied to the project to lower the cost of a percentage of homes, making them available at a below market price and available to low -or very low - income families. The conditional use permit is being requested in order to exceed the maximum density in the R- 1 zone. The City Code allows density bonuses if an applicant agrees to reserve the density bonus units for low- income households. For this project, the applicant is requesting a density bonus of 25% and three additional regulatory concessions (the variances) in return for reserving sixteen homes on the twenty lots (80% of the residences) for low - income families. The affordable units are designated as Lots 1 -7, 9, 10, 12, and 15 -20. Essentially, the applicant is reserving more homes than what the City Code requires. Code Section 153.535 (Housing Incentives) of the Municipal Code requires an agreement to be recorded with the County which shall run with the land ensuring that each affordable unit will remain affordable for a period of thirty (30) years. The City's Housing Authority will be responsible for reviewing each proposed owner to determine their eligibility. Each time ownership of an affordable unit changes, the City's Housing Authority is required to be notified. Additionally, as with prior affordable projects, the City's Redevelopment Agency has been conducting yearly checks to determine that the unit is owner occupied per the City's Housing Incentives Section of the Zoning Code. - Variances By State law, when a city elects to grant a density bonus, it must also grant at least one additional regulatory concession, such as a reduction of a development standard (i.e. parking, open space, setbacks, etc.) to ensure that the housing development will be produced at a reduced cost. To accommodate the higher density of the project, the following variances are being requested by the applicant: 1) less than the minimum lot area; 2) more than the maximum CP -592, ZV -653, & TM -52828 January 5, 2000 Page 3 of 14 floor area ratio; and 3) less than the minimum lot width. The following table summarizes the variances being sought: Table 2 Variances Requested LOT* Less than Minimum Required Lot Area Flour Area Ratio Exceeds 50 % Less than Miinirnurn Required Lot 1Nic3th 1 x x 2 x X 3 x x 4 x x 5 x x 6 x x 7 8 x x 9 x 10 x x 11 x 12 x x 13 x 14 15 x 16 x x 17 x x 18 x x 19 X x 20 x x - Legal Notrces/CE'QA Legal notices were published in the San Gabriel Valley Tribune on December 1, 1999 for the appeal to the City Council, and mailed to all property owners within 300 feet of the subject property on December 2, 1999. The Planning Division has completed an environment analysis for these cases. Pursuant to that information, a Draft Negative Declaration of Environmental Impact has been prepared. DISCUSSION These cases came to the City Council on appeal as the Planning Commission denied (4 -0 with one abstention) the Developer's applications at their November 10, 1999 meeting. At the City Council meeting on December 15, 1999, after lengthy public testimony, the City Council concurred that the applications should be referred back to staff, and that staff" shall work with the Developer toward a compromise on the project. City staff, consisting of Rick Forintos, Redevelopment Manager, Mark Dozmati, Building and Code Enforcement Supervisor and Amy Harbin, Acting Principal Planner, met with David and CP -592, ZV -653, & TM -52828 January 5, 2000 Page 4 of 14 Don Cook representing D.C. Corporation on December 29, 1999 at City Hall. The primary focus of this meeting was to aesthetically improve the project without reducing the proposed number of lots or radically changing floor plans or elevations. The Developer provided staff a list of general conditions that were conditions of approval on prior projects (i.e. Vineland Ave. /Stickman Ave. and Los Angeles St. /Phelan Ave., etc.). Prior to the meeting with the Developers, staff reviewed this submitted list and identified areas of concern. At our meeting the collective group of both staff and the Developer went through each condition and both either agreed to the conditions or we discussed the condition and came to a compromise. Additionally, staff had several proposed conditions of approval that we brought to the Developers for discussion, which staff felt that would aesthetically improve the project. The list below identifies the highlights of our discussions with the Developer. (Please refer to the attached Resolution 99 -98 for the specific wording of the conditions.) 1) Fifty percent (50 %) of the units will have plexi -glass panels at the top of the garage door. The units with these types of garage doors will be dispersed throughout the project. 2) In addition to brick and stone veneer, staff also recommended that the Developer utilize OSB (Oriented Strand Board) which is a type of wood - like siding. A total of three units will have the eight inch (8 ") wide horizontal OSB siding, three units will have the brick veneer and three units will have the stone veneer. 3) There are a total of twenty lots proposed, unless there already is a mature existing tree within the front yard area, the Developer shall provide one (1) tree in the front yard area of each Lot. At a minimum six (6) 48" box trees shall be utilized, six (6) 32" box trees shall be utilized and eight (8) 24" box trees shall be utilized throughout the project. There are four different types of trees that were agreed upon, Liquid Ambar, Sycamore, Oak, and Maple. Trees shall be evenly dispersed throughout the project, and if a home has an existing tree, the developer shall eliminate a 24" box tree as opposed to eliminating a 48" box tree. Tree type is subject to change subject to seasonal availability, however, Planning Division shall give final approval on any tree changes. 4) That the Developer shall install a six (6) foot high block wall along all side and rear property lines. This wall, which will be viewable from the public right-of-way, along Merced Avenue, shall be brick capped and have a stucco sand finish. Additionally, the walls at the end of the cul -de -sac between lots seven and eight shall be brick capped and have a stucco sand finish. 5) No 'as- built' drawings shall be accepted for elevation changes. 6) Lots 7, 10, 12, 14, and 19 shall have stamped concrete within the driveway areas. This area shall take the form of a ladder shape. A detail of the stamping shall be submitted during the Plan Check phase. CP -592, ZV -653, & TM -52828 January 5, 2000 Page 5 of 14 7) The homes located on lots 6, 9, 12, 17, and 20 shall utilize a flat tile roof as opposed to a curved tile roof. The flat tile colors shall correspond to the colors of the curved roof tiles. 8) In order to provide a visual break along Paddy Lane the Developer has agreed to relocate the proposed single story home on lot 20 to lot 3 and move the proposed home on lot 13 to lot 18. Railroad Wall & Landscaping The most significant change that staff is proposing is the reduction in height of the proposed wall along the rear property lines of the properties that are adjacent to the Metrolink Railroad Tracks. Currently, the Developer was proposing a twenty foot high block wall as a result of the Noise and Vibration Study which was completed by Behrens and Associates Engineers in 1998. This conclusion was derived from the fact that the grade of the railroad track is approximately four feet above the grade of the surrounding properties and that the average height of the train is between fourteen to fifteen feet in height. A twenty foot high wall would provide a high enough visual barrier between the actual noise source and the proposed project. Unfortunately, this proposal would cause a significant impact and create and undue hardship on the properties that are located along the opposite side of the railroad tracks from the proposed project. A twenty (20) foot high wall would cause the reverberation of the noise from the trains against the wall, directly onto the homes on the adjacent side of the railroad tracks. Additionally, twenty (20) foot high wall would become a haven for graffiti and could be considered a significant liability. Staff proposed to the Developer that as opposed to a twenty (20) foot high wall, the Developer build an eight (8) foot high wall with vertical element changes (a.k.a. pilasters or a 6" push -out) every twenty (20) feet provided this change is approved by Behrens & Associates Engineers. The block should either be split -face or slumpstone and should have a cap. In addition to the wall, the Developer shall provide a type of evergreen cypress Leylande tree species 15 gallon in size planted every five feet on center in the rear yard /side yard of the properties adjacent to the railroad tracks. The average property lot width size along the railroad tracks is approximately 45 feet which will allow for between seven and eight trees per lot along the rear property line. Additionally, the Developer is proposing to construct the wall and plant the trees at the beginning of the project. Planting the trees early will allow the trees a bit more time to mature and become rooted in the ground. - Residence Elevations Facing the Railroad Tracks In addition to the proposed wall and trees, staff and the developer agreed that special care should be taken along those home elevations facing the railroad tracks. Staff suggested that the Developer utilize 2' by 6' construction and R -19 insulation which will assist in the reduction in the amount of noise generated by the trains. At the time of the meeting the Developer was unable to verify to staff the type of construction utilized, thinking that they already utilized 2' by 6' construction, but would verify the type of construction with their framer and respond back to staff. The City's Noise Consultant is in the process of reviewing both the wall reduction and the additional construction treatment to determine their equivalency to a twenty (20) foot high wall. CP -592, ZV -653, & TM -52828 January 5, 2000 Pace 6 of 14 - Elevations along Paddy Lane Another concern of staffs was the monotony of elevations along Paddy Lane. Although different colors of stucco, some flat tile roofs and different siding were agreed upon, staff asked if the Developer would consider relocating some of the homes to different lots along Paddy Lane. The Developer checked with their Attorney and it was agreed that the existing single - story home on Lot 20 will be relocated to Lot 3 (the two -story home on Lot 3 will be relocated to Lot 20) and the existing two -story home on Lot 13 will be relocated to Lot 18 (the home on Lot 18 will be relocated to Lot 13). - Maintenance of Landscaping Agreement A final request of staff's to the Developer was that through the escrow process, each potential new owner (both market rate and low - income families) sign and have notarized a 'Maintenance of Landscaping Agreement', this agreement would be then recorded on the property by the County Recorders Office. In summary, this document would allow the City to provide landscaping services should the landscaping within the front yard area of the property fall into disrepair and then record a lien against the property for payment of those services. A Maintenance of Landscaping Agreement does not dictate what type of landscaping shall be utilized, where or how it shall be planted, just that the landscaping be maintained. Typically other cities would require a Home Owners Association or an Assessment District to ensure that the front yard landscaping, which is viewable from the public right -of -way, is maintained. After a bit of discussion by the Developer, neither party could come to a resolution on this item. Staff is of the opinion that if the Developer adheres to the stated and approved conditions of approval, that the project will meet all of the Findings of Fact as required for the conditional use permit, zone variance and tentative tract map. Although a long meeting, both staff and the Developer felt very positive about the outcome. In spite of the fact that there are a couple of items that each party needs to verify (i.e. the type of construction for elevations facing the railroad tracks and the acceptability of the reduction of that wall height by the Sound Engineer), these issues should be resolved prior to the meeting of the Council on January 5, 2000. FINANCIAL_ IMPACT City Funding On February 17, 1999, the City Council, acting as the Redevelopment Agency Board, approved an Owner Participation Agreement (OPA) for this project with the applicant. Under the OPA, the Redevelopment Agency agreed to certain financial assistance in order to build sixteen (16) single - family units for low - income households. The OPA requires the applicant to seek and receive various entitlements (CUP, Tract Map, etc.). As part of the OPA, the Redevelopment Agency has committed $13,000 per affordable unit, for a total of $208,000 to assist in the subsidy of the development. This money is utilized from the Redevelopment Agency's housing set -aside fund. Outside Funding The Developer has also applied for and received a commitment of funding from the Los Angeles County Community Development Commission (CDC) in June 1999, which is valid for CP -592, ZV -653, & TM -52828 January 5, 20100 Page 7 of 14 one (1) year. According to the CDC, the Developer is eligible to receive up to a maximum of $37,000 for each of the sixteen (16) affordable units for a maximum total of $592,000 for the Merced Avenue /Paddy Lane Project. RECOMMENDATION Staff recommends that the City Council adopt Resolution 99 -98 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING ON APPEAL, A CONDITIONAL USE PERMIT, ZONE VARIANCE AND TENTATIVE TRACT MAP FOR A TWENTY LOT SINGLE - FAMILY RESIDENTIAL SUBDIVISION (APPELLANT: D.C. CORPORATION; LOCATION 14125 -14139 MERGED AVENUE; CASE NO.: CP -592, ZV -653 AND TM- 52825)." FINDINGS OF FACT — CONDITIONAL USE PERMIT 1) That the site for the proposed use is adequate in size and shape to accommodate the proposed use as the property does meet the minimum requirements for a proposed twenty (20) unit single - family residential subdivision as the Developer is not proposing to exceed the maximum allowable density for this proposal; and 2) 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 five (5) of the properties will have direct access to Merced Avenue and the developer is providing a two lane 60 foot wide residential cul -de -sac extension of Paddy Lane for the remaining fifteen (15) properties. Given the fact that each unit will have an average of 4.3 persons per dwelling unit, there will be an average of nine (9) trip -ends per household per day; and 3) That the proposed use would not have an adverse affect upon uses adjacent to the subject property as the proposed use of the property is single family residences which is compatible with the existing, surrounding single - family residences; and 4) 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 R -1, Single Family Residential which is compatible with the proposed use of twenty (20) single- family detached dwelling units. FINDINGS OF FACT — ZONE VARIANCE 1) That there are exceptional or extraordinary circumstances applicable to the property involved which do not generally apply to other property in the same zone as the proposed development is unique in that the applicant is providing sixteen (16) single - family dwelling units which will be sold as affordable housing to designated households of very low or low income. To accommodate the density bonus needed to reduce the cost of the affordable units, smaller, narrower lots are needed as the overall site is not large enough to accommodate the proposed project according to the existing R -1. Single - Family Residential development standards; and 2) That the variances are necessary for the preservation and enjoyment of a substantial CP -592, ZV -653, & TM -52828 January 5, 2000 Page 8 of 14 property right possessed by other property similarly situated, but which would be denied to the subject property as other property owners who have agreed to build affordable housing have been permitted similar deviations from the City's development standards; and 3) That the granting of the variance would not adversely affect adjacent properties or be detrimental to the public welfare, as the subject project of single - family residences is consistent with the existing single - family residences; and 4) That the granting of the variance will not adversely affect the General Plan of the City of Baldwin Park, as approval of this variance application will permit the construction of a twenty (20) single - family housing project that will provide new quality housing available to households to very low or low income which is consistent with the goals and policies of the Housing and Land Use Elements of the General Plan. FINDINGS OF FACT —TM -52828 1) That the site for the proposed development is physically suitable as the topography of the site is essentially flat and will be developed with twenty (20) single - family dwelling residences at a density allowed by the City's Zoning Code provided that a conditional use permit is obtained for a density bonus and all variances are granted; and 2) That the design of the subdivision would not be a threat to the Health, Safety and Welfare of the citizens of Baldwin Park as the proposed project is a twenty (20) unit single- family residential subdivision which is compatible with the surrounding single - family residential zoning designations; and 3) That the Tentative Tract Map is consistent with the City of Baldwin Park's General Plan. The City's General Plan designates these sites to be developed with single - family residences which is consistent with the project proposal; and 4) That development of the sites in accordance with the Tentative Tract Map will not affect future passive or natural heating or cooling opportunities for the area; and 5) That the proposed project is housing balanced as the developer is providing single - family homes for households of different income levels, and 6) 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 District. CONDITIONS OF APPROVAL 1 } That the property shall be developed and maintained in substantial accordance with Exhibit 'A' dated January 5, 2000, which shall be submitted by the Developer during the Plan Check phase of this project; and 2) That electric garage door openers shall be provided for each unit; and CP -592, ZV -653, & TM -52828 January 5, 2000 Page 9 of 14 3) That roll -up garage doors shall be provided for each unit; and 4) That the roll -up garage doors at Lots 2, 4, 6, 8, 10, 12, 13, 15, 18, and 20 shall have a plexi -glass panel at the top of the garage door. Developer shall submit a manufacturer's brochure to the Planning Division for our files; and 5) That the Applicant shall install public improvements as requires by the City's Engineering Division and the Los Angeles County Fire Department; and 6) That the Applicant shall provide exterior paint and stucco colors in accordance with the colors provided to and approved by the City's Planning Division. Any changes to the approved exterior paint and stucco colors shall be at the sole discretion and require approval by the City's Planning Division. (Reference attached Exhibit `B'); and 7) That the units on Lots 1, 5, and 11 shall have brick veneer along the front elevation. This veneer shall extend along the side elevation of each home a minimum of three (3) feet and shall have a wood frame along the entire veneer; and 8) That the units on Lots 4, 8, and 10 shall have stone veneer along the front elevation. This veneer shall extend along the side elevation of each home a minimum of three (3) feet and shall have a wood frame along the entire veneer; and 9) That the units on Lots 13, 14, and 17 shall utilize O.S.B. (Oriented Strand Board) horizontal lap siding, along the front elevation. This siding shall extend along the side elevation of each home a minimum of three (3) feet and framing around the siding shall be of nominal 2x resawn lumber as necessary. The Planning Division and the Developer shall compromise and agree to the exact location along the front facade of the OSB siding; and 10) That the Applicant shall utilize Pioneer Brand flat the roofing material for Lots 6, 9, 12, 17 and 20. The Applicant shall submit to the Planning Division color samples of the flat tiles. The flat the roofing colors shall correspond to those curved tile roofing samples that have already been submitted and approved by the Planning Division. The Planning Division reserves the right to review and approved the flat tile colors to ensure compatibility with the curved the roofing colors; and 11) That the Applicant shall submit detailed Landscaping and Irrigation Plans during the Plan Check phase of this project. 12) That the Applicant shall provide a minimum of six (6) 48" box trees, six (6) 32" box trees and eight (8) 24" box trees (reference Condition #13 below). The front yard of each residence shall be planted with one (1) of the above - mentioned trees. This condition shall only be waived if the Planning Division determines that there is already an existing mature tree within the front yard area of a particular Lot. If there is an already existing mature tree within the front yard of a particular Lot, the Applicant shall then eliminate a 24" box tree; and 13) That the acceptable and agreed upon types of tree species for the front yard areas of each home shall be as follows: Liquid Ambar, Oak, Sycamore and Maple. Since four CP -592, ZV -653, & TM -52828 January 5, 2000 Page 10 of 14 (4) types of trees have been agreed upon, a minimum of five (5) of each tree species shall be utilized. Flexibility shall be permitted based upon the seasonal availability of these particular tree species, however, the Planning Division and the Applicant shall compromise to find an acceptable replacement tree similar in nature to the above agreed upon species. The Planning Division shall review and approve all tree specie changes and/or deletions; and 14) That the Applicant shall install a minimum of six (6) foot high block walls along the side and rear property lines (except as other wise noted in these conditions of approval). Due to the high visibility along Merced Avenue and at the end of the cul -de -sac between Lots 7 and 8, these walls which have high visibility shall be brick capped and shall have a stucco sand finish. The stucco color shall be subject to review and approval by the City's Planning Division; and 15) That prior to any changes, the Developer shall obtain in writing or via e-mail written approval from the City's Planning Division. Once changes are verbally agreed upon, the Planning Division shall provide written or e-mail approval to the Developer within twenty - four (24) hours. Any approved modifications shall become part of the conditional use permit, zone variance, and Building Division files. The Acting Principal Planner or her designee will be available to the Developer for questions Monday through Friday, twenty -four hours a day during the construction phase of this project for the purpose of discussing and approving minor modifications; and 16) That no `as- built' drawings will be accepted for any elevation modifications; and 17) That unless otherwise noted, the applicant shall provide a maximum eight (8) foot high decorative (split -face or slump - stone) block wall with a brick cap along the length of the project adjacent to the railroad tracks. Additionally, every twenty (20) feet the wall will have a decorative vertical element (i.e. complimentary pilaster, six inch (6 ") pushout). The detailed plan for this wall shall be submitted during the plan check phase of this project and shall be subject to review and approval by the City's Planning Division; and 18) That the Developer shall provide a type of Cypress Leylande tree species, fifteen (15) gallon in size planted every five (5) feet on center adjacent to the rear or side wall (on the inside of the property closest to the residence) only on the properties adjacent to the railroad tracks (Lots 1 -7 and 9). These trees shall be planted as close as possible toward the beginning of the construction phase of this project in order to give the trees additional time to root and mature. Additionally, the Developer shall provide a working irrigation system to the rear yard areas and the above - mentioned trees on the above - mentioned Lots; and 19) That unless otherwise noted, the Developer shall provide 2' by 6' framing and R -19 insulation along the elevation of those houses adjacent to the railroad tracks (Lots 1 -7 and 9) for additional sound proofing measures; and 20) That the Developer shall use double- paned, gridded glass windows along all elevations that can be viewed from the public right -of -way; and 21) That the Developer shall provide a minimum two (2) foot wide stamped concrete ribbons CP -592, ZV -653, & TM -52828 January 5, 2000 Page 11 of 14 in the shape of a ladder within the driveway areas of Lots 7, 10, 12, 14, and 19. The final layout of the stamped concrete shall be shown on the plans submitted during the Plan Check phase of this project and shall be subject to review and approval by the City's Planning Division; and 22) That an agreement shall be recorded in the Office of the County Recorder and shall constitute a covenant running with the land which shall reserve the specific affordable housing units (Lots 1 -7, 9 -10, 12, and 15 -20) for qualified households for a minimum period of thirty (30) years; and 23) That the applicant shall provide adequate drainage to the storm drain system at the time of construction; and 24) That the applicant shall adhere to SCAQMD Rule 403 insuring the clean -up of construction related dirt on approach routes to the site; and 25) That watering techniques shall be employed to partially mitigate the impact of constructed generated dust particles and that the maintenance and servicing of construction equipment shall minimize exhaust emissions; and 26) That the applicant shall halt construction on the project during Stage one and Stage Two smog alerts; and 27) That the applicant shall construct the project according to the 1997 edition of the Uniform Building Code (UBC) and Title 26 of the Los Angeles County Code as adopted by the City of Baldwin Parr; and 28) That all conditions of the Los Angeles County Fire Department must be met prior to recordation. A written notification or approved plan from the Los Angeles Fire Department must be submitted to the City; and 29) That all special assessments for utilities or sewer connection fees are to be paid prior to recording the final map; and 30) That the Developer shall be responsible for the relocation of existing utilities as necessary. Provide separate utility services to each parcel including water, gas, electric power, telephone, and cable TV tall underground) in accordance with the respective utility company's standards. Easements shall be provided as necessary; and 31) That prior to the recordation of the Final Map, a written request from Valley County Water District, GTE, SCE, the Gas Company, and the Los Angeles County Sanitation District stating that adequate facilities are or will be available to service the proposed development shall be submitted to the City. Such letter must be issued by the utility company at least thirty (30) days prior to Final Map approval; and 32) That 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 Los Angeles County Recorder. An updated title report/guarantee must be submitted then ten (10) working days prior to Final Map CP -592, ZV -653, & TM -52828 January 5, 2000 Page 12 of 14 approval; and 33) That the Final Map shall be based upon a field survey; and 34) That all survey for the proposed development will be done by the Developer, including the establishment of centerline ties; and 35) That the surveyors closure sheets must be enclosed with the Final Map; and 36) That new boundary monuments must be set in accordance with the set City Standards and subject to approval by the City Engineer; and 37) That all existing easements prior to Final Map 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 38) That all site grading, landscaping, irrigation, street improvements and sewer improvement plans shall be coordinated for consistency, to the approval of the City Engineer prior to Final Map approval; and 39) That the following improvement plans, prepared by a registered Civil Engineer and drawn to the satisfaction of the City Engineer, must be submitted to the City's Engineering Division; and a) Grading Plan b) Sewer Plan C) Street Plan d) Street Light Plan 40) That the Developer shall submit a complete Hydrology study of the project area and surrounding area affected by the development; and 4 t) That if the Los Angeles County Fire Department required additional hydrants or water pressure in addition to what already exists, or if the Los Angeles County Fire Department require a fire access road 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 42) 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 43) That demolition and grading permits may be issued by the City prior to approval of the Final Map, provided condition ##30 is met, however, building permits shall not be issued prior to approval of the Final Map; and 44) That the Developer shall submit to the City's Engineering Division a Soils Report signed by a registered Soils Engineer; and CP -592, ZV -653, & TM -52828 January 5, 2000 Page 13 of 14 45) That the following off -site improvements must either be existing or guaranteed for: a) Remove all existing driveway approaches not being utilized and replace with full height curb; and b) Construct new driveway approaches per plan. All driveway approaches shall meet with ADA (Americans with Disabilities Act) requirements, and C) Construct new sidewalk along the entire Paddy Lane frontage of the project; and d) Cold mill one inch (1 ") of asphalt and repave two inch (2 ") asphalt concrete on Merced Avenue from curb to center along the entire frontage of the project; and e) Each proposed parcel must have separate and independent connections to the main sewer line; and f) Install new eight inch (8 ") sewer line in the proposed street; and g) Install new street lights per the City's Master Plan along the new street and one street light Merced Avenue; and h) The proposed street must have 54' right -of -way and cul -de -sac with a 32' turning radius; and i) Plant 24" box street trees 50' apart along the entire frontage of the project in accordance with the City's Standard; and j) Install new irrigation system and landscaping within the parkway area along the entire Paddy Lane frontage of the project; and k) Construct drainage facilities in accordance with the Hydrology Study; and 46) That 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 47) That if there are any required public improvements that have not been completed by the Developer and accepted by the City prior to approval of the Final Map, the Developer shall enter into a subdivision agreement with the City and the Developer shall post the appropriate security; and 48) That approval of this Tentative Map does not constitute approval of a Site Plan or building footprints; and 49) That the City is being serviced by a Cable TV franchise awarded to Adelphia Cable of Baldwin Park. All residential units constructed shall be pre -wired and otherwise made ready for Cable TV connections; and 50) That after the Final Map records, a sepia and two (2) blueline prints shall be submitted to the Engineering Division at no cost to the City. Final Occupancy of any dwelling unit will not be granted until the recorded Map is received by the City's Engineering Division and any /or all other documents and approvals from the City's Building Division; and 51) That a Final Map must be recorded within twenty -four (24) months or all proceedings shall be terminated; and 52) That an 8 1/2" by 11" reduction of the Final Map shall be submitted to the Engineering CP -592, ZV -653, & TM -52828 January 5, 2000 Page 14 of 14 Division prior to the City Council meeting for the subject Tract Map; and 53) That the Developer shall submit those documents required per the National Pollution Discharge Elimination System Act (NPDES) prior to the issuance of a grading permit; and 54) That the Developer shall submit to the Planning Division within ten (10) days of the approval of this resolution a check in the amount of $25.00 made out to the Los Angeles County Clerk for the filing of the Fish and Game Exemption; and 55) That the Developer shall comply with all conditions of approval within one (1) year of the effective date of this resolution or CP -592, ZV -6533 and TM -52828 will be subject to revocation. Any costs associated with the revocation of either the conditional use permit or zone variance shall be paid by the Applicant and/or owner; and 56) That the Applicant shall sign a notarized affidavit within twenty (20) days of the elate of this resolution, stating that the applicant has read and accepts all of the conditions of approval. ATTACHMENTS: - Vicinity Map - Exhihit "A" dated January 5, 2000 - Environmental Information - Application Forms and Statements - Draft Resolution of Approval Report Prepared by: Array L. Harbin, Acting Principal Planner eject Property PLANNING Vicinity DlVI CASE NO.:CASE NQ.:CP-592, ZV -653 and TM- -52828 ADDRESS: 14125 -14139 Merced Avenue and end of Paddy Lane Not to Scale CITY OF BALDWIN PARK DATE: October 18, 1999 APPLICANT: D.C. Corporation TYPE OF PERMIT: Conditional Use Permit, Zone Variances, & Tentative Tract Map FILE NO.: CP -592, ZV -653, & TM -52828 LOCATION OF PROJECT: 14125 -14145 Merced Avenue, Baldwin. Park DESRIPTION OF PROJECT: Applications have been submitted for 1) a conditional use permit to allow a density bonus of 25% to construct 20 units, 16 of which will be reserved for low income families; zone variances from to allow a) less than the minimum required lot area, b) greater than the maximum allowable floor area ratio, and c) less than the minimum required lot width; and a tentative tract map to allow for a 20 lot single- family residential subdivision. It is the opinion of the [] Zoning Administrator ❑ Planning Commission City Council ® Other that, upon review of the project, it has determined that the project will not have a significant effect upon the environment. Mitigation Measures M are attached [] are not required (Signature) Acting Principal Planner Date(s) of Public Notice: 0 Legal advertisement Posting of the properties 0 Written notice (msivformsl negdec) 1/97 CITY OF BALDWIN PARK INITIAL STUDY 1. BACKGROUND 1. Name of D.C. Corporation Proponent: 2. Address and Phone Number of Proponent: 2149 E. Garvey Ave. North Unit A -12 West Covina, CA 91791 (626) 962 -6933 3. Date of Checklist Submitted: October 18 1999 4. Agency Requiring Checklist: City of Baldwin Park 5. Name of Proposal, if applicable: Twenty (20) single family residential units, sixteen 16) of which will be reserved for low income families. 6. File Number: CP -592 ZV-653 & TM -52858 II ENVIRONMENTAL IMPACTS b. Storm water discharges from areas for X materials storage, vehicle or equipment ti 1.) Earth, Will the proposal result in_ X a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction X or over covering of the soil? c. Any increase in wind or water erosion of X soils, either on or off site? X d. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 2.) Air. Will the proposal result in X substantial air emissions, deterioration of ambient air quality, or change in climate? 3.) Water. Will the proposal result in a. Changes in ground water quality or X quantity, or alterations of existing drainage patterns? b. Storm water discharges from areas for X materials storage, vehicle or equipment INITIAL STUDY 14125 -14139 Merced Ave. PAGE 2 Issue . POt lit iiy ..0ten faiiy Less Than No Si lficaint significant SignMdAnt- Impact 'Uhl"s ImOct' . Miltigated fueling, vehicle or equipment maintenance (including washing), waste " handling, hazardous materials handling or storage delivery or loading docs, or other outdoor work areas? c. A significantly environmentally harmful X increase in the flow rate or volume of storm water runoff? d. A significantly environmentally harmful X increase in erosion of the project site or surrounding areas? e. Storm water discharges that would X significantly impair the beneficial uses of receiving waters or areas that provide water quality benefits? f. Harm to the biological integrity of X drainage systems and water bodies? X 4.) Plant and Animal Life. Will the proposal result in change in the diversity of species, or number of any species of plants or animals (including trees, shrubs, grass, crops, microflora and aquatic plants)? 5.) Noise. Will the proposal result in: X a. Increases in existing noise levels? b. Exposure of people to severe noise X levels? X S.) Light and Glare. Will the proposal produce new light and glare? X 7.) Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? 8.) Natural Resources. Will the proposal result in: X a. Increase in the rate of use of any natural resource? b. Substantial depletion of any X nonrenewable natural resources? X 9.) Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including but not limited to oil, pesticides, chemicals, or radiation) in the event of an accident or upset condition? INITIAL STUDY 14125 -14139 Merced Ave PAGE 3 Issu Less Tban No T>rtiiirtt Sigttifittt ltmpact µ� 1� 10.) Population. Will the proposal alter the X location, distribution, density, or growth rate of the human population of an area? 11.) Housing. Will the proposal affect existing X mousing, or create a demand for new housing? 12.) Transportation /Circulation. Will the proposal result in: X a. Generation of substantial additional vehicular movement or alteration to present patterns of circulation or movement of people and/or goods? X b. Effects on existing parking facilities, or demand for new parking? X c. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 13.) Public Services. Will the proposal have an effect upon or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X b. Police protection? X c. Schools? X d. Parks or other recreational facilities? X X e. Maintenance of public facilities including roads? 14.) Energy. Will the proposal result in a X substantial increase in the use of energy? 15.) Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X X b. Communications systems? c. Water? X d. Sewer or septic tanks? X e. Storm water drainage? X f. Solid waste and disposal? X INITIAL STUDY 14125 -14139 Merced Ave. PAGE 4 Issue Potentially Potentially less Than No Significant Significant Significant Impact Unless Impact- Mitigated X 16.) Human Health. Will the proposal result in the creation of any health hazard or potential health hazard? X 17.) Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X 18.) Archeological /Historical. Will the proposal result in an alteration of a significant archeological or historical site, structure, object or building? 19.) Mandatory Findings of Significance. X a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b. Does the project have the potential to achieve short -term, to the disadvantage of long -term environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief period of time, while a long -term impact will endure well into the future). X c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impacts on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? INITIAL STUDY PAGE 5 14125 -14139 Merced Ave III. DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. Date: October 18, 1999 I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. (Signature) Planning Technician (Title) City of Baldwin Park IV. DISCUSSION OF ENVIRONMENTAL EVALUATION Earth The topography is relatively flat and the area is suited for grading. The project will result in minor grading for the preparation of building sites and excavation of utilities. Liquefaction potential, landslides and surface soil failures do not represent significant geo- technical constraints to the project. The project will result in the removal of one existing dwelling unit to accommodate twenty (20) new single family residential units. The project will have various degrees of open space which will be landscaped to allow for the absorption of surface water. The site is served by a storm drain system which provides protection for the subject site and general area. Miti ation Measures: Adequate site drainage to the storm drain system, subject to Engineering approval will be required at the time of construction. INITIAL STUDY 14125 -14139 Merced Ave. PAGE 6 The project site is located in a relatively flat, urbanized area with very low potential for wind and water erosions of soils. d. Southern California is considered a seismically active area and contains a number of active, potentially active and inactive faults. There are no known faults passing directly within the site, and the occurrence of direct ground rupture is not likely. The project will expose additional people to ground shaking from earthquakes due to the additional housing stock provided to the area. However, the potential is similar throughout Southern California and no unique or unusual risk is posed by the proposed project. Mitigation Measures: Policies and measures directed toward mitigating any adverse impacts are addressed in the Public Safety Element of the City's General Plan. Further standard building code provisions provide protection from ground shaking, and the project is subject to the standards of the Uniform Building Code. Air The project is located within the South Coast Air Basin which is a non - attainment area for selected pollutants and air pollution is a regional problem. Pollution levels in Baldwin park are a result of not only local emissions, but also of those throughout out the region. Southern California Association of Governments and the South Coast Air Quality Management District have adopted a South Coast Air Quality Management Plan ( SCAQMD), and the proposed project is consistent with that plan. The project will not have a significant impact upon air quality; however, there will be a temporary increase in air pollutants emissions during the construction phase. Construction dust and air pollution will be reduced to a less that significant level with mitigation measures. Mitigation Measures. Measures to reduce air pollution include the following: 1) That the applicant adhere to the SCAQMD Rule 403 insuring the clean up of construction - related dirt on approach routes to the site. 2) That watering techniques shall be employed to partially mitigate the impact of construction - generated dust particles. 3) Maintenance and servicing of construction equipment to minimize exhaust emissions. 4) Halting of construction activities during Stage One and Stage Two smog alerts. Water The project will result in an increase of impervious surfaces. This coverage may result in the amount and speed of runoff during storms; however, the site is adequately protected by a storm drain system that serves the area. 4. Plant and Animal The site is located in a substantially developed urban area. There is no significant remaining natural vegetation. The native vegetation has been replaced by imported species over the years. Further there are no biological impacts because there are no unique, rare or endangered plant or animal species within the City. The applicant, through a landscaping plan, will provide substantial landscaping throughout the project. Noise a) Noise levels would increase temporarily during the construction phase of the project. Construction is regulated by the City and is addressed in the Municipal Code to limit overall INITIAL STUDY 14125 -14139 Merced Ave. PAGE 7 noise levels to an acceptable range. Increased population and development will result in increasing noise from a variety of sources commonly found in an urban environment (human activities, mechanical equipment, automobiles, pets, etc.) This increase is considered to be less than significant. b) The existing and anticipated future noise levels from the commuter rail along the MetrolinIc right of way are considered incompatible for single - family residential uses unless mitigated. Mitigation Measures: Double -pane glass shall be used for all windows on the south elevations of the homes facing the right of way. The applicant has also proposed to erect a 20' tilt -up block wall to alleviate any noise resulting from the passing of the commuter train. Additional insulation will be added to all rear walls facing the right of way. 6. Light and Glare Lighting throughout the project site must comply with City Standards intended to promote public safety. Lighting in the project site will include additional street lights for the proposed street and residential lighting. An increase in the amount of lighting will result from the need to provide for adequate street lighting. Street lighting levels are generally low in residential areas and the lighting provided for the extension of the proposed street would be subject to the standards of the Municipal Code requirements. Land Use The site is currently developed with one single - family residential unit on large R -1 zoned lots. The remanding of the project site is vacant land. The proposed project would include demolishing the existing dwelling, construction and extension of a cul -de -sac street from the existing Paddy Lane and construction of 20 new single - family residential units. Further, of the 20 units, 16 units will be provided as affordable units. The project is consistent with the zoning and the General Plan designation for the property. The Plan designates the project site as Single - Family Residential. This designation allows for low density residential development, including residential developments granted a density bonus, such as the proposed project. Natural Resources !Natural resources will be used for construction materials, but the project will have no significant increase in additional energy usage.. 9. Risk of upset The residential zone does not allow for the use, storage or transportation of hazardous materials. Therefore, there are no potential hazards or risk of upset associated with this project. 10. Population The provision of 20 single - family residential units avill increase the population of the area which may result in higher levels of traffic and increased demands on municipal agencies. The increase in population would not create a significant impact. According to the Population and Housing Estimates for Individual Counties from the Department of Finance, a slight increase would be expected to occur with an average of four (4) persons per dwelling, which creates an approximate increase of eighty (80) persons. The potential result of increase manpower and equipment needed to serve citywide demands are evaluated annually. The provision of twenty (20) single - family residential units, which includes sixteen (16) affordable units, is considered a beneficial impact. The project also meets the density requirements contained within the Municipal Code and the City's General Plan. INITIAL STUDY 14125 -14139 pierced Ave. 11. Housing PAGE 8 The project involves the demolishing of one existing unit to facilitate the construction of twenty (20) new single - family residential units. The project will increase the housing stock of the City, and provide for affordable housing opportunities. 12. Transportation /Circulation The project wilt result in an estimated increase in traffic generated by the net gain of 20 single - family residential units: five (5) on Merced Avenue and fifteen (15) on the Paddy Lane cul -de -sac. The anticipated impacts are illustrated below a) The proposed project is expected to generate an average of 200 weekday vehicle trips. However, ingress and egress to the site will be provided from Merced Avenue and a newly constructed extension and cul -de -sac of the existing Paddy Lane. 40 trips on Merced Avenue. Both streets are operating at an LOS "A ", therefore, these levels of additional vehicle trips are considered insignificant. No mitigation measures are required. b) The proposed project and site meet the required parking standards contained within the Municipal Code; private parking areas contained within the required two -car garages will be provided for each dwelling unit. c) The addition of five (5) drive approaches on Merced Avenue, a collector street, may result in the creation of traffic, bicycle and pedestrian hazards. 13, Pubaic SerAces a) Police Public services are already in place to serve this development. An increase in public services would be considered less than significant. The project may result in some increase in police calls. b) Fire The proposed project should not result in the need for new or expanded fire prevention facilities. Whether or not the project would require additional police services and fire staff depends on the total requirements of the City and County. c) Schools The net impact of the project on the school facilities will be minimal. There would be a slight increase in local school enrollment. If viewed as an isolated occurrence, the project would result in an estimated increase in population of up to 88 persons (20 units x 4.4 persons per unit) with up to 35 school -aged children (40% of the total between the ages of 0 -20). Mitigation Measures: School development fees in the amount of $1.931s.f. shall be paid to the Baldwin Park Unified School District prior to final occupancy. These fees are considered to provide full and complete school facilities mitigation. d) Parrs Although residential development for this proposed project will increase the population, the project is not expected to significantly impact the City's existing parks or recreational facilities. The City collects a Development Fee, which can be utilized to partially offset the potential impact of the proposed project. 14. Energy A net gain of twenty (20) single - family residential units will increase the demand for energy. However, the proposed growth is a small portion of the total regional growth and does not INITIAL STUDY 14125 -14139 Merced Ave PAGE 9 ............... represent a significantly different energy use. The impact of this growth will not be significant. 15. Utilities a) The site is served by existing utilities. No problem in providing services is foreseen b) The site is currently being served by an adequate communications system. No problem in providing these services is foreseen. c) The site is currently being served by and existing water distribution system. No problem in providing services is foreseen. d) The City's sewer system is maintained by the County Sanitation District, which provides an adequate system. No problems in providing services are foreseen. e) The project site is not within a flood zone area. The increase in impervious surfaces primarily due to the proposed street will marginally increase runoff form the project area. The proposed project will be required to provide satisfactory drainage to available storm drains. f) A net gain of twenty (20) single - family residential units will increase the demand for solid waste disposal; however, the level of solid waste generation is small in comparison to total solid waste disposal on a regional level. The City, in an effort to reduce the amount of solid waste disposed, currently provides recycling containers to residents for the recycling of paper, glass, plastic, and aluminum. 16. Human Health The development of the proposed project does not involve unique or unusual human health concerns. The project will not expose people to additional health hazards such as disease or exposure to hazardous materials. 17. Aesthetics The project will not result in the obstruction of any scenic views open to the public. Through the Design Review process, the project has been designed so as to ensure that no aesthetic offensive site, building, or mechanical equipment will be open to public view. Further, the project is compatible with the surrounding adjacent properties and consistent with the Design Guidelines developed by the City. 18. Archaeological/Historical The project site has not been identified as having any historical or cultural significance; nor does the project site contain any structures possessing local landmark status or have been potentially eligible for listing on the National Register of Historic Places. 19. Mandatory Findings of Significance a. The proposed project will have no impact on fish or wildlife, endangered plant species or examples of major periods of California history or prehistory. The proposal does not have the potential to degrade the quality of the environment. b. The project is not expected to have any long term adverse environmental impacts, and is in keeping with the long range considerations of the General Plan. c. The cumulative impacts of the project are not expected to be significant, since all potential individual impacts are proposed to be mitigated to a level of less than significant. INITIAL STUDY 14125 -14139 Merced Ave PAGE 10 d. The project will not cause substantial adverse impacts on human beings, and is in keeping with the provisions of the City's General Plan. lNET1AL STUDY 14125 -14139 Merced Ave ENVIRONMENTAL INFORMATION FORM Hate filed: October 18, 1999 General Information Name and address of developer or project sponsor: D.C. Corporation, 2149 Garvey Avenue North Unit A -12, West Covina, CA 2. Address of project: 14125, 14133 and 14139 Merced Avenue, Baldwin Park, CA 91706 Assessor's Block and Lot Numbers: 8553 -018 -016 thru 23 PAGE 11 3. Name, address and phone number of person to be contacted concerning this project: Salvador Lopez, Planning Technician, Planning Division, City of Baldwin Park, 14403 E. Pacific Avenue, Baldwin Park, CA 91706, (626) 813 -5261, ext. 456. 4. Indicate the number of the permit application to which this form pertains: CP -592, ZV -653 & TM -52858 List and describe any other related permits and other public approvals required of this project, including those required by city, regional, state or federal agencies: Public approval by the Planning Commission is required for a Conditional Use Permit for the density bonus. An approval of a zone variance is required for the reduction in the minimum lot area and lot width, greater than the maximum allowable floor area. A tentative tract map is required to allow a twenty (20) lot single family residential subdivision. An Owner Participation Agreement has already been approved by the Agency to allow the developer to utilize Redevelopment Agency set -aside funds for the low to moderate income units. 6. Existing zoning district: R -1 Single Family Residential 7. Proposed use of site (Project for which this form is filed): Development of twenty (20) Single Family Residential Units PROJECT DESCRIPTION The proposed project involves the construction of twenty (20) new single family residential units with lot areas ranging between 3,862 and 6,540 square feet and floor areas ranging between 1,481 and 2,363 square feet. The project will also involve the construction and extension of Paddy Lane, as required by the City's General Plan. INITIAL STUDY PAGE 12 14125 -14139 Merced Ave e- ENVIRONMENTAL CHANGES Are the following items applicable to the project or its effects? Discuss all items below checked "yes" (attach additional sheets as necessary). YES NO 1. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 2. Change in scenic views or vistas from existing residential areas or public lands or roads. 3. Change in pattern, scale or character of general area of the project. 4. Significant amounts of solid waste or litter. 5. Change in dust, ash, smoke, fumes or odors in vicinity. 6. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 7. Substantial change in existing noise or vibration levels in the vicinity. & Site on filled land or slope of 10 percent or more. 9. Use of disposal or potentially hazardous materials such as toxic substances, flammable or explosives. r 10. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 11. Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc.). 12. Relationship to larger project or series of projects. DISCUSSION OF ENVIRONMENTAL CHANGES There will be no significant environmental changes. ENVIRONMENTAL SETTING X X X X X X X X X X X X Incorporated in 1956, the City of Baldwin Park is located approximately 17 miles east of downtown Los Angeles. The intersection of the 1 -10 (San Bernardino) and 1 -605 (San Gabriel River) Freeways lies near the southwest corner of this 6.8 square mile City. It is predominantly a residential bedroom community, although recent efforts on the part of the City have placed a greater emphasis on promoting commercial and industrial land uses. However, the City is near "build out ", focusing efforts on the redevelopment of land, especially within freeway close properties. According to the most recent State Department of Finance figures, the City population has surpassed 75,055 persons. This is more than double the population in 1960. A predominantly Hispanic working class community, the City has also experienced a recent increase in its Asian population. Also interesting is that according to the 1990 Census, the City has a considerably larger than average household size that the County average, suggesting increased pressure on the City's housing stock and the provision of services. Land Us( 'application CITY OF BALDWIN PARK PLANNING DIVISION 14403 E. PACIFIC AVE I i BALDWIN PARK, CA 91706 BALDWIN (626) $13 -5261 P•A•P- K / TYPE OF APPLICATION J�2 oP ZIP General Plan Amendment Zone Change +� Code Amendment Development Plan CRA Conceptual Approval ✓ Zone Variance /,QA ,Vconditlonai use Pev mit Administrative Adjustment Specific Plan ~©ther APPLICATION INFORMATION Name of applicant(s) D C LAP9JL4=iVQ Address 14 r Sr O C N� v 13.4 &P w �•.i 4r+E s 0 Phone No. (1(- 33.2 - L Capaclty owner(s) of Record IZV -P4 £ ids Owner's Address 10141,C 1 FNROPERTi� P41FORAfi.A110N Location /� .f '� - �S/�r E %�I %� LP�14d Fir q 1� Assessor Parcel Number(s) Tract and Lot Numbers) Existing General Plan Designation ` Existing Zoning for each parcel fa- Existing Land Use A-1 Code Sectiorf to be amended Purpose of request 0WR CERTIFICATION STATEMENT: Itwe acknowledge the filing of this application and certdfy that all the above Information Is true and accurate and that I/we have familiarized myselflourselves with the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the owner of record mast complete and have notarized the atta ed Owner's Affidavit from the legal owner.) Signa ure to s e k- Signature FOR CITY USE ONLY: Fife No.: F /planninp�'Ora??S/[.gndapp Fee: Received by: Date Date Date: Wr O � a ra .A, t'VNd, t e underslgnvd, hereby declare under E ne penalty of perjury that [/we arrVare the owner /6 of the propertY involved in this i t quest, and hereby authorize D. (a p1iCanis rYanw) t? file a CUP /TENTATIVE MAP (CU V�•1 A7-C,, AG?, etc.) appiicaUon On my In this City of property lonatid at � _� J ;ia�ldwln Park for _ (type of actN�tyj. 7' Da Prn �� W 8 InNJ4� subscribed and sworn to before me this -7,--, day of otery Public t lPfihildll�!'�D�tllOWtl,Aillt %:Oy MORRIS v, COMM. #1103139 < > —O N()r" PUBLIC - CALWORNIA N ° L( S ANGELES COUNTY My CO- im Expires July 28, 2pOQ w -�70W Ci of Baldwin Park Planning Division BURDEN OF PR04 AFFIDAVIT To All Applicants: Employees of the City of Baldwin Park will give every possible assistance to anyone who desires to utilize the remedies provided by the City's Zoning Ordinance. However, the burden of proof is on the applicant to make the necessary showing before any of the described permits can be granted. Also, there is no guarantee — expressed or implied -- that any permit will be granted by whatever tigency or individual that has authority in that manner. The applicant shall understand also that each matter must be carefully investigated and, after a staff investigation has been made or a public hearing has been held, the staffs recommendation or decision may be contrary to a position taken in any preliminary discussions. The staff is not permitted to assist the applicant or any opponents of any applicant in preparing arguments for or against a request. I have read the foregoing and understand that I HAVE THE pUR EEM OF PROOF in the matter arising under the application made by me. Appl" ants Signature Applicant's Name (Printed) Subscribed and sworn to before me this 6 Notary Public Date T Applicant's Address 2 � day of v , '19 r i • 2. Ci of Baldwin Park Planning Division ,, AFFIDAVIT OF ACCURACY OF PR PERTY OWNER'S LIST 11 we 1) C C o ¢, P 00- -r, o a (Print or type names in full) he certify that the above list contains the correct names and addresses of all owners of property within an area described In this petition and for a distance of 340 feet adjacent to this same area, and such names and addresses are taken from the last adopted Los Angeles County Assessor Tax Roll. Appli is Signature Applicant's Signature Subscribed and sworn to before me this F:/Planning/Forms/Mail Aff 9i Date Date i day of J- � ,i9 S� Notary Public Vc.LTp Z CtJ 4V 5 z_ RESOLUTION 99 -98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING ON APPEAL, A CONDITIONAL USE PERMIT ZONE VARIANCE AND TENTATIVE TRACT MAP FOR A 20 LOT SINGLE- FAMILY DENSITY BONUS DEVELOPMENT (CASE NO.: CP -592, ZV -653 AND TM- 62828; LOCATION 14125 -14139 MERCED AVENUE; APPELLANT: D.C. CORPORATION) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE A FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: a) That the applications ( "Applications ") for a conditional use permit, zone variance and tentative tract map were submitted on behalf of the owner of certain real property located at 14125 -14139 Merced Avenue, in the City of Baldwin Park, described more particularly in the Application on files with the Principal Planner; and b) That the conditional use permit was sought to allow a density bonus pursuant to Section 153.531 of the City's Municipal Code, that the zone variance was sought to allow 1) less than the minimum required lot areas for Lots 1 -6, 8 -13 and 15 -20, 2) greater than the maximum floor area ratio for lot 8 and 3) less than the minimum required lot widths for lots 1 -5, 9, 10, and 16 -20, pursuant to Sections 153.053 (A), 153.053 (G) and 153.053 (B), respectively of the City's Municipal Code and that the tentative tract map was sought to allow a twenty (20) lot single- family residential subdivision pursuant to Section 152.03 of the City's Municipal Code; and c) That on November 10, 1999, . a duly noticed public hearing was held on the above said Applications by the Planning Commission, and based upon the evidence presented, including applicable staff reports and each member of the Commission being familiar, it was determined that the facts required pursuant to the provisions of the Baldwin Park Zoning Code and Subdivision Section of the Municipal Code for the granting of the conditional use permit zone variance and tentative tract map were not present and that the entitlements should be denied; and d) That the Planning Commission denied said Applications subject to the provisions of Planning Commission Resolution PC 99 -24; and e) That a timely appeal was filed, appealing the Planning Commission's decision to the City Council; and f) That a duly noticed public Dearing was held on the above said applications by the City Council and based upon the evidence presented, including applicable staff reports and each member of the City Council being familiar with the Resolution No. 99 -98 property, it was determined that the facts required pursuant to the provisions of the Baldwin Park Zoning Code for the granting of the conditional use permit, zone variance and tentative tract map should be granted subject to the terms of this Resolution, SECTION 2. That the City Council does hereby adopt the following Findings of Fact for the conditional use permit: a) That the site for the proposed use is adequate in size and shape to accommodate the proposed use as the property does meet the minimum requirements for a proposed twenty (20) unit single - family residential subdivision as the Developer is not proposing to exceed the maximum allowable density for this proposal; 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 five (5) of the properties will have direct access to Merced Avenue and the developer is providing a two lane 54 foot wide residential cul -de -sac extension of Paddy Lane for the remaining fifteen (15) properties. Given the fact that each unit will have an average of 4.3 persons per dwelling unit, there will be an average of nine (9) trip - ends per household per day; and c) That the proposed use would not have an adverse affect upon uses adjacent to the subject property as the proposed use of the property is single family residences which is compatible with the existing, surrounding single - family residences; 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 R -1, Single Family Residential which is compatible with the proposed use of twenty (20) single- family detached dwelling units. SECTION 3. That the City Council does hereby adopt the following Findings of Fact applicable to the zone variance: a) That there are exceptional or extraordinary circumstances applicable to the property involved which do not generally apply to other property in the same zone as the proposed development is unique in that the applicant is providing sixteen (16) single - family dwelling units which will be sold as affordable housing to designated households of very low or low income. To accommodate the density bonus needed to reduce the cost of the affordable units, smaller, narrower lots are needed as the overall site is not large enough to accommodate the proposed project according to the existing R -1. Single - Family Residential development standards; and b) That the variances are necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which would be denied to the subject property as other property owners who have agreed to build affordable housing have been permitted similar deviations from the City's development standards; and c) That the granting of the variance would not adversely affect adjacent properties or be detrimental to the public welfare, as the subject project of single - family residences is consistent with the existing single - family residences; and d) That the granting of the variance will not adversely affect the General Plan of the City of Baldwin Park, as approval of this variance application will permit the construction of a twenty (20) single - family housing project that will provide new quality housing available to households to very low or low income which is consistent with the goals and policies of the Housing and Land Use Elements of the General Plan. SECTION 4. That the City Council does hereby adopt the following Findings of Fact for the tentative tract map: 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 twenty (20) single - family dwelling residences at a density allowed by the City's Zoning Code provided that a conditional use permit is obtained for a density bonus and all variances are granted; and b) That the design of the subdivision would not be a threat to the Health, Safety and Welfare of the citizens of Baldwin Park as the proposed project is a twenty (20) unit single - family residential subdivision which is compatible with the surrounding single- family residential zoning designations; and c) That the Tentative Tract Map is consistent with the City of Baldwin Park's General Plan. The City's General Plan designates these sites to be developed with single - family residences which is consistent with the project proposal; and d) That development of the sites in accordance with the Tentative Tract Map will not affect future passive or natural heating or cooling opportunities for the area; and Resolution No. 99 -98 e) That the proposed project is housing balanced as the developer is providing single - family homes for households of different income levels; 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 District. SECTION 5. That the conditional use permit, zone variance and tentative tract map be and the same are hereby granted, subject to the following conditions: a) That the property shall be developed and maintained in substantial accordance with Exhibit 'A' dated January 5, 2000, which shall be submitted by the Developer during the Plan Check phase of this project; and b) That electric garage door openers shall be provided for each unit; and c) That roll -up garage doors shall be provided for each unit; and d) That the roll -up garage doors at Lots 2, 4, 6, 8, 10, 12, 13, 15, 18, and 20 shall have a glass panel at the top of the garage door. Developer shall submit a manufacturer's brochure to the Planning Division for our files; and e) That the Applicant shall install public improvements as requires by the City's Engineering Division and the Los Angeles County Fire Department; and f) That the Applicant shall provide exterior paint and stucco colors in accordance with the colors provided to and approved by the City's Planning Division. Any changes to the approved exterior paint and stucco colors shall be at the sole discretion and require approval by the City's Planning Division. (Reference attached Exhibit 'B'); and g) That the units on Lots 1, 5, and 11 shall have brick veneer along the front elevation. This veneer shall extend along the side elevation of each home a minimum of three (3) feet and shall have a wood frame along the entire veneer; and h) That the units on Lots 4, 8, and 10 shall have stone veneer along the front elevation. This veneer shall extend along the side elevation of each home a minimum of three (3) feet and shall have a wood frame along the entire veneer; and Resolution No. 99 -98 i) That the units on Lots 13, 14, and 17 shall utilize O.S.B. (Oriented Strand Board) horizontal lap siding along the front elevation. This siding shall extend along the side elevation of each home a minimum of three (3) feet and framing around the siding shall be of nominal 2x resawn lumber as necessary. The Planning Division and the Developer shall compromise and agree to the exact location along the front facade of the OSB siding; and j) That the Applicant shall utilize Pioneer Brand flat tile roofing material for Lots 6, 9, 12, 17 and 20. The Applicant shall submit to the Planning Division color samples of the flat tiles. The flat tile roofing colors shall correspond to those curved tile- roofing samples that have already been submitted and approved by the Planning Division. The Planning Division reserves the right to review and approve the flat tile colors to ensure compatibility with the curved tile roofing colors; and k) That the Applicant shall submit detailed Landscaping and Irrigation Plans during the Plan Check phase of this project. 1) That the Applicant shall provide a minimum of six (6) 48" box trees, six (6) 32" box trees and eight (8) 24" box trees (reference Condition m below). The front yard of each residence shall be planted with one (1) of the above- mentioned trees. This condition shall only be waived if the Planning Division determines that there is already an existing mature tree within the front yard area of a particular Lot. If there is an already existing mature tree within the front yard of a particular Lot, the Applicant shall then eliminate a 24" box tree; and m) That the acceptable and agreed upon types of tree species for the front yard areas of each home shall be as follows Liquid Ambar, Oak, Sycamore and Maple. Since four (4) types of trees have been agreed upon, a minimum of five (5) of each tree species shall be utilized. Flexibility shall be permitted based upon the seasonal availability of these particular tree species, however, the Planning Division and the Applicant shall compromise to find an acceptable replacement tree similar in nature to the above agreed upon species. The Planning Division shall review and approve all tree specie changes; and n) That the Applicant shall install a minimum of six (6) foot high block walls along the side and rear property lines (except as other wise noted in these conditions of approval). Due to the high visibility along Merced Avenue and at the end of the cul -de -sac between Lots 7 and 8, these walls which have high visibility shall be brick capped and shall have a stucco sand finish. The stucco color shall be subject to review and approval by the City's Planning Division; and Resolution No. 99 -98 o) That prior to any changes, the Developer shall obtain in writing or via e -mail written approval from the City's Planning Division. Once changes are verbally agreed upon, the Planning Division shall provide written or e -mail approval to the Developer within twenty -four (24) hours. Any approved modifications shall become part of the conditional use permit, zone variance, and Building Division files. The Acting Principal Planner or her designee will be available to the Developer for questions Monday through Friday twenty -four hours a day during the construction phase of this project for the purpose of discussing and approving minor modifications; and p) That no `as- built' drawings will be accepted for any elevation modifications; and q) That unless otherwise noted, the applicant shall provide a maximum eight (8) foot high block wall and utilize six (6) feet of regular grey block with two (2) feet of slumpstone or split -face block along the top with a rolled cement cap along the length of the project adjacent to the railroad tracks. Additionally, every twenty (20) feet the wall will have a decorative vertical element (i.e. complimentary pilaster, six inch (6 ") pushout). The detailed plan for this wall shall be submitted during the plan check phase of this project and shall be subject to review and approval by the City's Planning Division; and r) That the Developer shall provide a type of Cypress Leylande tree species, fifteen (15) gallon in size planted every five (5) feet on center adjacent to the rear or side wall (on the inside of the property closest to the residence) only on the properties adjacent to the railroad tracks (Lots 1 -7 and 9). These trees shall be planted as close as possible toward the beginning of the construction phase of this project in order to give the trees additional time to root and mature. Additionally, the Developer shall provide a working irrigation system to the rear yard areas and the above - mentioned trees on the above - mentioned Lots; and s) That unless otherwise noted, the Developer shall provide 2' by 6' framing and R -19 insulation along the elevation of those houses adjacent to the railroad tracks (Lots 1 -7 and 9) for additional sound proofing measures; and t) That the Developer shall use double- paned, gridded glass windows along all elevations that can be viewed from the public right -of- way; and u) That the Developer shall provide a minimum two (2) foot wide stamped concrete ribbons in the shape of a ladder within the Resolution No. 99 -98 driveway areas of Lots 7, 10, 12, 14, and 19. The final layout of the stamped concrete shall be shown on the plans submitted during the Plan Check phase of this project and shall be subject to review and approval by the City's Planning Division; and v) That an agreement shall be recorded in the Office of the County Recorder and shall constitute a covenant running with the land which shall reserve the specific affordable housing units (Lots 1 -7, 9 -10, 12, and 15 -20) for qualified households for a minimum period of thirty (30) years; and w) That the applicant shall provide adequate drainage to the storm drain system at the time of construction; and x) That the applicant shall adhere to SCAQMD Rule 403 insuring the clean -up of construction related dirt on approach routes to the site; and y) That watering techniques shall be employed to partially mitigate the impact of constructed generated dust particles and that the maintenance and servicing of construction equipment shall minimize exhaust emissions; and z) That the applicant shall halt construction on the project during Stage one and Stage Two smog alerts; and aa) That the applicant shall construct the project according to the 1997 edition of the Uniform Building Code (UBC) and Title 26 of the Los Angeles County Code as adopted by the City of Baldwin Park; and bb) That all conditions of the Los Angeles County Fire Department must be met prior to recordation. A written notification or approved plan from the Los Angeles Fire Department must be submitted to the City; and cc) That all special assessments for utilities or sewer connection fees are to be paid prior to recording the final map; and dd) That the Developer shall be responsible for the relocation of existing utilities as necessary. Provide separate utility services to each parcel including water, gas, electric power, telephone, and cable TV (all underground) in accordance with the respective utility company's standards. Easements shall be provided as necessary; and ee) That prior to the recordation of the Final Map, a written request from Valley County Water District, GTE, SCE, the Gas Company, Resolution No. 99 -98 and the Los Angeles County Sanitation District stating that adequate facilities are or will be available to service the proposed development shall be submitted to the City. Such letter must be issued by the utility company at least thirty (30) days prior to Final Map approval; and ff) That 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 Los Angeles County Recorder. An updated title report/guarantee must be submitted then ten (10) working days prior to Final Map approval; and gg) That the Final Map shall be based upon a field survey; and hh) That all survey for the proposed development will be done by the Developer, including the establishment of centerline ties; and ii) That the surveyors closure sheets must be enclosed with the Final Map; and jj) That new boundary monuments must be set in accordance with the set City Standards and subject to approval by the City Engineer; and kk) That all existing easements prior to Final Map 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 II) That all site grading, landscaping, irrigation, street improvements and sewer improvement plans shall be coordinated for consistency, to the approval of the City Engineer prior to Final Map approval; and mm) That 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; and 1) Grading Plan 2) Sewer Plan 3) Street Plan 4) Street Light Plan nn) That the Developer shall submit a complete Hydrology study of the project area and surrounding area affected by the development; Resolution No. 99 -98 I f a oo) That if the Los Angeles County Fire Department required additional hydrants or water pressure in addition to what already exists, or if the Los Angeles County Fire Department require a fire access road 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 pp) 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 qq) That demolition and grading permits may be issued by the City prior to approval of the Final Map, provided condition is met, however, building permits shall not be issued prior to approval of the Final Map; and rr) That the Developer shall submit to the City's Engineering Division a Soils Report signed by a registered Soils Engineer; and ss) That the following off -site improvements must either be existing or guaranteed for: 1) Remove all existing driveway approaches not being utilized and replace with full height curb; and 2) Construct new driveway approaches per plan. All driveway approaches shall meet with ADA (Americans with Disabilities Act) requirements; and 3) Construct new sidewalk along the entire Paddy Lane frontage of the project; and 4) Cold mill one inch (1") of asphalt and repave two inch (2 ") asphalt concrete on Merced Avenue from curb to center along the entire frontage of the project; and 5) Each proposed parcel must have separate and independent connections to the main sewer line; and 6) Install new eight inch (8 ") sewer line in the proposed street; and 7) Install new street lights per the City's Master Plan along the new street and one street light Merced Avenue; and 8) The proposed street must have 54' right -of- way and cul -de -sac with a 32' turning radius; and 9) Plant 24" box street trees 54' apart along the entire frontage of the project in accordance with the City's Resolution No. 99 -98 Standard; and 10) Install new irrigation system and landscaping within the parkway area along the entire Paddy Lane frontage of the project; and 11) Construct drainage facilities in accordance with the Hydrology Study; and tt) That 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 uu) That if there are any required public improvements that have not been completed by the Developer and accepted by the City prior to approval of the Final Map, the Developer shall enter into a subdivision agreement with the City and the Developer shall post the appropriate security; and vv) That approval of this Tentative Map does not constitute approval of a Site Plan or building footprints; and ww) That the City is being serviced by a Cable TV franchise awarded to Adelphia Cable of Baldwin Park. All residential units constructed shall be pre -wired and otherwise made ready for Cable TV connections; and xx) That after the Final Map records, a sepia and two (2) blueline prints shall be submitted to the Engineering Division at no cost to the City. Final Occupancy of any dwelling unit will not be granted until the recorded Map is received by the City's Engineering Division and any/or all other documents and approvals from the City's Building Division; and yy) That a Final Map must be recorded within twenty -four (24) months or all proceedings shall be terminated; and zz) That an 8 112" by 11" reduction of the Final Map shall be submitted to the Engineering Division prior to the City Council meeting for the subject Tract Map; and aaa) That the Developer shall submit those documents required per the National Pollution Discharge Elimination System Act (NPDES) prior to the issuance of a grading permit; and bbb) That the Developer shall submit to the Planning Division: within ten (10) days of the approval of this resolution a check in the amount of $25.00 made out to the Los Angeles County Clerk for the filing of the Fish and Game Exemption; and Resolution No. 99 -98 ccc) That the Developer shall comply with all conditions of approval within one (1) year of the effective date of this resolution or CP- 592, ZV -653 and TM -52828 will be subject to revocation. Any costs associated with the revocation of either the conditional use permit or zone variance shall be paid by the Applicant and/or owner, and ddd) That the Applicant shall sign a notarized affidavit within twenty (20) days of the date of this resolution, stating that the applicant has read and accepts all of the conditions of approval. SECTION 6. That the City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission. PASSED AND APPROVED ON this 5th day of January, 2000. MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss: CITY OF BALDWIN PARK ) 1, City Clerk/Deputy 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 its regular meeting of the City Council on January 5, 2000, by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: Resolution No. 99 -98 CITY CLERK/DEPUTY RESOLUTION 99 -99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING ON APPEAL, A CONDITIONAL USE PERMIT ZONE VARIANCE AND TENTATIVE TRACT MAP FOR AN 11 LOT SINGLE - FAMILY DENSITY BONUS DEVELOPMENT (CASE NO.: CP -573, ZV -641 AND TM- 52451; LOCATION: 4906 -4922 BLEECKER STREET; APPELLANT: D.C. CORPORATION) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE A FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: a) That the applications, ( "Applications ") for a conditional use permit, zone variance and tentative tract map were submitted on behalf of the owner of certain real property located at 4906 -4922 Bleecker Street, in the City of Baldwin Park, described more particularly in the Application on files with the Principal Planner; and b) That the conditional use permit was sought to allow a density bonus pursuant to Section 153.531 of the City's Municipal Code, that the zone variance was sought to allow 1) less than the minimum required lot areas for Lots 1 -8, 10 and 11; 2) greater than the maximum floor area ratio; 3) less than the minimum required lot widths for Lots 5 -7 and 11; and 4) less than the minimum required side yard setback for a reversed corner lot pursuant to Sections 153.053 (A), 153.053 (G) and 153.053 (B) and 152.053 (E2b), respectively of the City's Municipal Code and that the tentative tract map was sought to allow an eleven (11) lot single- family residential subdivision pursuant to Section 152.03 of the City's Municipal Code; and c) That on November 10, 1999, a duly noticed public hearing was held on the above said Applications by the Planning Commission, and based upon the evidence presented, including applicable staff reports and each member of the Commission being familiar, it was determined that the facts required pursuant to the provisions of the Baldwin Park Zoning Code and Subdivision Section of the Municipal Code for the granting of the conditional use permit zone variance and tentative tract map were not present and that the.entitlements should be denied; and d) That the Planning Commission denied said Applications subject to the provisions of Planning Commission Resolution PC 99 -25; and e) That a timely appeal was filed, appealing the Planning Commission's decision to the City Council; and Resolution No. 99 -99 f) That a duly noticed public hearing was held on the above said applications by the City Council and based upon the evidence presented, including applicable staff reports and each member of the City Council being familiar with the property, it was determined that the facts required pursuant to the provisions of the Baldwin Park Zoning Code for the granting of the conditional use permit, zone variance and tentative tract map should be granted subject to the terms of this Resolution, SECTION 2. That the City Council does hereby adopt the following Findings of Fact for the conditional use permit: a) That the site for the proposed use is adequate in size and shape to accommodate the proposed use as the property does meet the minimum requirements for a proposed eleven (11) unit single - family residential subdivision as the Developer is not proposing to exceed the maximum allowable density for this proposal under the City's Housing Incentives Ordinance; 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 four (4) of the properties will have direct access to Bleecker Street and the developer is providing a two lane 54 foot wide residential cul -de -sac for the remaining seven (7) properties. Given the fact that each unit will have an average of 4.3 persons per dwelling unit, there will be an average of nine (9) trip -ends per household per day; and c) That the proposed use would not have an adverse affect upon uses adjacent to the subject property as the proposed use of the property is single family residences which is compatible with the existing, surrounding single - family residences; and d) That the proposed use is in conformance of the General Plan of the City of Baldwin Park as the General Plan designation of the subject properties is R -1, Single Family Residential which is compatible with the proposed use of eleven (11) single - family detached dwelling units; and SECTION 3. That the City Council does hereby adopt the following Findings of Fact applicable to the zone variance: a) That there are exceptional or extraordinary circumstances applicable to the property involved which do not generally apply to other property in the same zone as the proposed development is unique in that the applicant is providing eight (8) single - family dwelling units which will be sold as affordable housing to designated households of very low or low income; and Resolution No. 99 -99 b) That the variances are necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which would be denied to the subject property as other property owners who have agreed to build affordable housing have been permitted similar deviations from the City's development standards; and C) That the granting of the variance would not adversely affect adjacent properties or be detrimental to the public welfare, as the project proposal of single- family residences is consistent with the surrounding, existing single - family residences; and d) That the granting of the variance will not adversely affect the General Plan of the City of Baldwin Park, as approval of this variance application will permit the construction of a new ten (10) unit single- family housing project that will provide new quality housing available to households to low income which is consistent with the goals and policies of the Housing and Land Use Elements of the General Plan. SECTION 4. That the City Council does hereby adopt the following Findings of Fact for the tentative tract map: 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 ten (10) new single - family dwelling residences (with one existing rehabilitated single- family residence) at a density allowed by the City's Zoning Code provided that a conditional use permit is obtained for a density bonus and all variances are granted; and b) That the design of the subdivision would not be a threat to the Health, Safety and Welfare of the citizens of Baldwin Park as the proposed project is a eleven (11) unit single - family residential subdivision which is compatible with the surrounding single - family residential zoning designations. c) That the Tentative Tract Map is consistent with the City of Baldwin Park's General Plan. The City's General Plan designates these sites to be developed with single- family residences which is consistent with the project proposal; and d) That development of the sites in accordance with the Tentative Tract Map will not affect future passive or natural heating or cooling opportunities for the area; and Resolution No. 99 -99 e) That the proposed project is housing balanced as the developer is providing single- family homes for households of different income levels; 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 District. SECTION 5. That the conditional use permit, zone variance and tentative tract map be and the same are hereby granted, subject to the following conditions; a) That the property shall be developed and maintained in substantial accordance with Exhibit 'A' dated January 13, 2000, which shall be submitted by the Developer during the Plan Check phase of this project; and b) That electric garage door openers shall be provided for each unit; and c) That roll -up garage doors shall be provided for each unit; and d) That the roll -up garage doors at Lots 1, 4, 5, 8, and 9 shall have a glass window panel at the top of the garage door. Developer shall submit a manufacturer's brochure to the Planning Division for our files; and e) That the Applicant shall install public improvements as requires by the City's Engineering Division and the Los Angeles County Fire Department; and f) That the Applicant shall provide exterior paint and stucco colors in accordance with the colors provided to and approved by the City's Planning Division. Any changes to the approved exterior paint and stucco colors shall be at the sole discretion and require approval by the City's Planning Division. (Reference attached Exhibit 'B'); and g) That the units on Lots 3 and 7 shall have brick veneer along the front elevation. This veneer shall extend along the side elevation of each home a minimum of three (3) feet and shall have a wood frame along the entire veneer; and h) That the units on Lots 1 and 11 shall have stone veneer along the front elevation. This veneer shall extend along the side elevation of each home a minimum of three (3) feet and shall have a wood frame along the entire veneer; and Resolution No. 99 -99 i) That the units on Lots 2 and 6 shall utilize eight inch (8 ") wide O.S.B. (Oriented Strand Board) horizontal lap siding along the front elevation. This siding shall extend along the side elevation of each home a minimum of three (3) feet and the framing around the siding shall be nominal 2x resawn lumber as necessary. The Planning Division and the Developer shall compromise and agree to the exact location along the front facade of the OSB siding; and j) That the Applicant shall utilize Pioneer Brand flat the roofing material for Lots 6 and 7. The Applicant shall submit to the Planning Division color samples of the flat tiles. The flat tile roofing colors shall correspond to those curved file roofing samples that have already been submitted and approved by the Planning Division. The Planning Division reserves the right to review and approved the fiat the colors to ensure compatibility with the curved tile roofing colors; and k) That the Applicant shall submit detailed Landscaping and Irrigation Plans during the Plan Check phase of this project. 1) That the Applicant shall provide a minimum of three (3) 48" box trees, three (3) 32" box trees and five (5) 24" box trees (reference Condition m below). The front yard of each residence shall be planted with one of the above - mentioned trees. This condition shall only be waived if the Planning Division determines that there is already an existing mature tree within the front yard area of a particular Lot. If there is an already existing mature tree within the front yard of a particular Lot, the Applicant shall then eliminate a 24" box tree; and m) That the acceptable and agreed upon types of tree species for the front yard areas of each home shall be as follows: Liquid Ambar, Oak, Sycamore and Maple. Since four (4) types of trees have been agreed upon, three (3) of the four (4) above - mentioned tree species shall utilize three (3) trees per specie, while the remaining fourth tree specie shall utilize two (2) trees. Flexibility shall be permitted based upon the seasonal availability of these particular tree species, however, the Planning Division and the Applicant shall compromise to find an acceptable replacement tree similar in nature to the above agreed upon species. The Planning Division shall review and approve all tree specie changes; and n) That the Applicant shall install a minimum of six (6) foot high block walls along the side and rear property lines. Due to the high visibility along Alderson Avenue and at the end of the cul -de -sac between Lots 1 and 11, these walls which have high visibility shall be brick capped and shall have a stucco sand finish. The stucco color shall be subject to Resolution No. 99 -99 review and approval by the City's Planning Division. The remaining higher visible walls between Lots 2 and 3, Lots 4 and a 9 and Lots 9 and 10 (to be specifically identified on the plans submitted for Plan Check phase of this project) shall be four (4) feet in height of regular grey block and the remaining top two feet shall be of either splitface or slumpstone brick with a rolled cement cap; and o) That prior to any changes, the Developer shall obtain in writing or via e-mail written approval from the City's Planning Division. Once changes are verbally agreed upon, the Planning Division shall provide written or e -mail approval to the Developer within twenty -four (24) hours. Any approved modifications shall become part of the conditional use permit, zone variance, and Building Division files. The Acting Principal Planner or her designee will be available to the Developer for questions Monday through Friday twenty -four hours a day during the construction phase of this project for the purpose of discussing and approving minor modifications; and p) That no `as- built' drawings will be accepted for any elevation modifications; and q) That the Developer shall use double- paned, gridded glass windows along all elevations that are visible from the public right -of -way; and r) That the Developer shall provide a minimum two (2) foot wide stamped concrete ribbons in the shape of a ladder within the driveway areas of Lots 7 and 11. The final layout of the stamped concrete shall be shown on the plans submitted during the Plan Check phase of this project and shall be subject to review and approval by the City's Planning Division; and s) That the Developer shall provide to the City a bond in the amount of $37,500.00 for the rehabilitation of the existing house. Of this bond that the Developer shall provide, $25,000.00 of the bond shall be for performance and $12,500.00 of the bond shall be for materials; and t) That the proposed garage for the existing home located on Lot 9 shall have a dutch -gable roof which will match the existing roof line of the home; and u) That the proposed changes to the existing home located on Lot 9 will be as follows: 1) That the Developer shall provide a new 20' by 20' interior clear dimensioned garage; and Resolution No. 99 -99 2) That the roof of the proposed garage shall have a concrete tile roof consistent with the project; and 3) That a concrete tile roof shall be added to the existing home, replacing the existing roof; and 4) That the existing home's electrical system will be upgraded to meet the current 1996 National Electric Code requirements; and 5) That the exterior of the home shall be repainted; and 6) That the new landscaping of the home shall be consistent with the remainder of the project. The Developer shall provide during the Plan Check phase of this project a landscaping plan for this Lot; and 7) That the existing fencing shall be replaced with 6' high Flock unless otherwise noted in this Resolution; and v) That an agreement shall be recorded in the Office of the County Recorder and shall constitute a covenant running with the land which shall reserve the specific affordable housing units (Lots 1, 4 -8 and 10 -11) for qualified households for a minimum period of thirty (30) years; and w) That the applicant shall provide adequate drainage to the storm drain system at the time of construction; and x) That the applicant shall adhere to SCAQMD Rule 403 insuring the clean -up of construction related dirt on approach routes to the site; and y) That watering techniques shall be employed to partially mitigate the impact of constructed generated dust particles and that the maintenance and servicing of construction equipment shall minimize exhaust emissions; and z) That the applicant shall halt construction on the project during Stage One and Stage Two smog alerts; and aa) That the applicant shall construct the project according to the 1997 edition of the Uniform Building Code and Title 26 of the Los Angeles County Code as adopted by the City of Baldwin Park; and bb) That all conditions of the Los Angeles County l=ire Department must be met prior to recordation. A written notification or Resolution No. 99 -99 approved plan from the Los Angeles Fire Department must be submitted to the City; and cc) That all special assessments for utilities or sewer connection fees are to be paid prior to recording the final map; and dd) That the Developer shall be responsible for the relocation of existing utilities as necessary. Provide separate utility services to each parcel including water, gas, electric power, telephone, and cable TV (all underground) in accordance with the respective utility company's standards. Easements shall be provided as necessary; and ee) That prior to the recordation of the Final Map, a written request from Valley County Water District, GTE, SCE, the Gas Company, and the Los Angeles County Sanitation District stating that adequate facilities are or will be available to service the proposed development shall be submitted to the City. Such letter must be issued by the utility company at least thirty (30) days prior to Final Map approval; and ff) That 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 Los Angeles County Recorder. An updated title report/guarantee must be submitted then ten (1.0) working days prior to Final Map approval; and gg) That the Final Map shall be based upon a field survey; and hh) That all survey for the proposed development will be done by the Developer, including the establishment of centerline ties; and ii) That the surveyors closure sheets must be enclosed with the Final Map; and jj) That new boundary monuments must be set in accordance with the set City Standards and subject to approval by the City Engineer; and kk) That all existing easements prior to Final Map 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 11) That all site grading, landscaping, irrigation, street improvements and sewer improvement plans shall be coordinated for consistency, to the approval of the City Engineer prior to Final Map Resolution No. 99 -99 approval; and mm) That the following improvement plans, prepared by a registered Civil Engineer and drawn in accordance with the conditions approval and to the satisfaction of the City Engineer, must be submitted to the City's Engineering Division; and 1) Grading Plan 2) Sewer Plan 3) Street Plan 4) Street Light Plan nn) That the Developer shall submit a complete Hydrology study of the project area and surrounding area affected by the development; and oo) That if the Los Angeles County Fire Department required additional hydrants or water pressure in addition to what already exists, or if the Los Angeles County Fire Department require a fire access road 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 pp) 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 qq) That demolition and grading permits may be issued by the City prior to approval of the Final Map, provided condition cc is met, however, building permits shall not be issued prior to approval of the Final Map; and rr) That the Developer shall submit to the City's Engineering Division a Soils Report signed by a registered Soils Engineer; and ss) That the following off -site improvements must either be existing or guaranteed for: 1) Remove all existing driveway approaches not being utilized and replace with full height curb; and 2) Construct new driveway approaches per plan. All driveway approaches shall meet with ADA (Americans with Disabilities Act) requirements; and 3) Construct new sidewalk along the entire Resolution No. 99 -99 Alderson cul -de -sac frontage of the project; and 4) Cold mill one inch (1") of asphalt and repave two inch (2 ") asphalt concrete on Bleecker Street from curb to center along the entire frontage of the project; and 5) Each proposed parcel must have separate and independent connections to the main sewer line; and 6) Install new eight inch (8 ") sewer line in the proposed street; and 7) Install new street lights per the City's Master Plan along the new street and one street light Bleecker Street; and 8) The proposed street must have 42' right -of- way and cul -de -sac with a 32' turning radius; and 9) Plant 24" box street trees 50' apart along the entire frontage of the project in accordance with the City's Standard; and 10) Install new irrigation system and landscaping within the parkway area along the entire Bleecker Street frontage of the project; and 11) Construct drainage facilities in accordance with the Hydrology Study; and tt) That 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 uu) That if there are any required public improvements that have not been completed by the Developer and accepted by the City prior to approval of the Final Map, the Developer shall enter into a subdivision agreement with the City and the Developer shall post the appropriate security; and vv) That approval of this Tentative Map does not constitute approval of a Site Plan or building footprints; and ww) That the City is being serviced by a Cable TV franchise awarded to Adelphia Cable of Baldwin Park. All residential units constructed shall be pre -wired and otherwise made ready for Cable TV connections; and xx) That after the Final Map records, a sepia and two (2) blueline prints shall be submitted to the Engineering Division at no cost to the City. Final Occupancy of any unit will not be granted until the recorded Map is received by the City's Engineering Division; and yy) That a Final Map must be recorded within twenty -four (24) Z=. R mmi l i• ro we 1 "� ! 0' 1 months or all proceedings shall be terminated; and zz) That an 8 112" by 11 ° reduction of the Final Map shall be submitted to the Engineering Division prior to the City Council meeting for the subject Tract Map; and aaa) That the Developer shall submit those documents required per the National Pollution Discharge Elimination System Act (NPDES) prior to the issuance of a grading permit; and bbb) That the Developer shall submit to the Planning Division within ten (10) days of the approval of this resolution a check in the amount of $25.00 made out to the Los Angeles County Clerk for the filing of the Fish and Game Exemption; and ccc) That the Developer shall comply with all conditions of approval within one (1) year of the effective date of this resolution or CP- 573, ZV -641 and TM -52451 will be subject to revocation. Any costs associated with the revocation of either the conditional use permit or zone variance shall be paid by the Applicant and/or owner; and ddd) That the Applicant shall sign a notarized affidavit within twenty (20) days of the date of this resolution, stating that the applicant has read and accepts all of the conditions of approval. SECTION 6. That the City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission. PASSED AND APPROVED ON this 13th day of January, 2000. MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss: CITY OF BALDWIN PARK ) I, City Clerk /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 its regular meeting of the City Council on January , by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: F-11 : ; 104 \ III City Clerk/Deputy Resolution No. 99 -99 r1 l j� j CITY OF BALDWIN PARK STAFF REPORT BALDWIN CITY COUNCIL AGENDA -.A , R - K JAN 13 2000 TO: Mayor and City Council ITEM N®. � FROM: Dayle Keller, Interim CEO DATE: January 13, 2000 SUBJECT: Continued from January 5,2.000._consideration of an appeal relating to a decision of the Planning Commission to deny a request for approval of a conditional use permit, zone variance and tentative tract map for an eleven (11) lot single - family density bonus development. Case No.: CP -573, ZV -641 and TM 52451; Location 4906 -4922 Bleecker Street; Appellant: D.C. Corporation PURPOSE This report requests an appeal to the City Council relating to the Planning Commission decision to deny Case No. CP -573; ZV -641 and TM- 52451. BACKGROUND/DISCUSSION At their January 5, 2000 meeting the Council continued the above- mentioned entitlements to a special meeting on January 13, 2000. This continuation would provide Council adequate time to review additional documentation that was provided the night of the City Council meeting. Since the Council meeting on January 5, 2000, there have been no modifications to this report or the resolution with regards to the entitlements for the Bleecker Street project. The following recommendation is the same recommendation as provided in the staff report as at the January 5, 2000 meeting. Additional Information not related to the Entitlements The City's Redevelopment Agency also has some requirements for the project that need to be addressed as follows: 1) The Developer has applied to reserve Los Angeles County Community Development Commission (CDC) Funding. The commitment expires in early June 2000. 2) The Agency OPA requires the following important items: CP -573, ZV -641 and TM -52451 January 5, 2000 Paae 2 of 13 [T�IU! ` :STATLf S a) The Developer needs to provide a list of The list has not been submitted. The eligible homebuyers Schedule of Performance does not clearly address the due date. b) The Developer needs to submit to the The Plan has not been submitted. The Agency for approval a plan to finance the Schedule of Performance does not clearly acquisition and construction of the project address the due date. c) Purchase Negotiations The Agreement requires that the Participant to obtain Agency concurrence on this matter. Staff has not participated in this matter to date. It is unknown if escrow has been opened for the purchase of these properties. RECOMMENDATION Staff recommends that the City Council adopt Resolution 99 -99 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING ON APPEAL, A CONDITIONAL USE PERMIT, ZONE VARIANCE AND TENTATIVE TRACT MAP FOR A ELEVEN LOT SINGLE - FAMILY RESIDENTIAL SUBDIVISION (APPELLANT: D.C. CORPORATION; LOCATION 4906 -4922 BLEECKER STREET; CASE NO.: CP -573, ZV -641 AND TM- 52451).° Approved by: Richard E. Forintos, Interim Community Development Director Report Prepared by: Amy L. Harbin, Acting Principal Planner ,mg CITY OF EALDWIN PARK STAFF REPORT A BALDWIN P • A • R • K TO: City Council FROM: Dayle Keller, Interim CEO DATE: January 5, 2000 Y' SUBJECT: Continued from December _15, 1999, consideration of an appeal relating to a decision of the Planning Commission to deny a request for approval of a conditional use permit, zone variance and tentative tract map for an eleven (11) lot single- family density bonus development. Case No.: CP -573, ZV -641 and TM 52451; Location 4906 -4922 Bleecker Street; Appellant: D.C. Corporation PURPOSE This report requests an appeal to the City Council relating to the Planning Commission decision to deny Case No. CP -573; ZV -641 and TM- 52451. BACKGROUND D.C. Corporation submitted applications for: 1) a conditional use permit pursuant to Section 153.531 of the City Code to allow a density bonus to construct ten (10) single family homes (one existing home on -site will be rehabilitated), eight (8) of which will be reserved for low income families, 2) zone variances from Sections 153.053 (A), 153.053 (G), 153.053 {B }, and 153.053 (E2b) of the City Code to allow a) less than the required lot areas for lots 1 through 8, 10 and 11, b) more than the maximum allowed floor area ratio for Lots 1 -8, 10 and 11; c) less than the required lot width for lots 5, 6, 7, and 11; and d) less than the required minimum side yard setback for a reversed corner lot for lot 11 and 3) a tentative tract reap to allow an eleven (11) lot single - family residential subdivision. The subject property consists of three (3) contiguous parcels on Bleecker Street totaling approximately 56,892± square feet (1.3± acres). The General Plan Land Use designation of the property is Single - Family Residential; the property is consistently zoned R -1 (Single - Family Residential). The site is essentially flat and vacant except for an existing two story single - family residential homes. The applicant is proposing to retain the better of the two homes on Lot #9 and demolish the other home. Existing vegetation on the site consists of several mature trees along the Bleecker Street frontage. All trees will be evaluated and as many trees as possible will be retained on site. Reviewed by: CP -573, ZV -641 and TM -52451 January 13, 2000 Page 2 of 13 The adjacent zoning and [and uses are listed in the following table. Table 1 Adjacent Zoning & Land Use AJaoe t�pr Zanfn� ' #rdpety North R -1 Single - Family Residential South R -1 Single- Family Residential East OS Elementary School West R -1 Single - Family Residential Density Bonus The City's Housing Incentives section of the Code (Section 153.530) is intended to implement the State's density bonus law by offering incentives for developers to build affordable housing. State law mandates that, when a developer agrees.to set aside a certain percentage of homes for low -or very low - income households, the City'rh'Ust either grant a density bonus, or grant incentives that have the equivalent value of the density bonus. When a city elects to allow a density bonus, the incentive is provided by allowing a developer to build more units than are usually permitted within the underlying zone of the property without purchasing additional land. The added value created by the City granting the bonus functions as a subsidy to the developers cost. In theory, this added value is applied to the project to lower the cost of a percentage of homes, making them available at a -below market rate and available to low -or very low- income families. The conditional use permit is being requested in order to exceed the maximum density in the R- 1 zone. The City Code allows density bonuses if an applicant agrees to reserve the density bonus units for low - income households. For this project, the applicant is requesting a bonus of 25 %, additional regulatory concessions (the variances) and financial assistance in return for reserving eight of the eleven homes (73 %) for low - income families. The affordable units are designated as Lot numbers 1, 4 -8, 10 and 11, Essentially, the applicant is reserving more homes than what the City's Code requires. City Code Section 153.535 (Housing Incentives) of the Municipal Code, requires an agreement to be recorded with the County which shall run with the land ensuring that each affordable unit will remain affordable for a period of thirty (30) years. According to the Code Section mentioned previously, the City's Housing Authority is responsible for reviewing each proposed owner to determine their eligibility. Each time ownership of an affordable unit changes, the City's Housing Authority is required to be notified. Additionally, as with prior affordable projects, the City's Redevelopment Agency will be conducting yearly, mandatory checks to determine that the unit is owner occupied per the OPA and the City's Housing Incentives Section of the Zoning Code. Variances By State law, when a city elects to grant a density bonus, it must also grant at least one additional regulatory concession, such as a reduction of a development standard (i.e. parking, open space, setbacks, etc) to ensure that the housing development will be produced at a CP -573, ZV -641 and TM -52451 January 13, 2000 Page 3 of 13 reduced cost. To accommodate the higher density of the project, the following four (4) variances are being requested by the applicant: 1) less than the minimum lot area; 2) more than the minimum required floor area ratio; 3) less -than the minimum lot width and 4) less than the minimum yard area for a reverse corner lot. The following table summarizes the variances being sought: Table 2 Variances Requested LOT `# Less than minimum Required lot area Floor Area Ratio Exceeds .50 th Less an minimum Reggred lot width. tress than the minimum`yard area 1 X X 2 X X 3 X X 4 X X 5 X X X 6 X X X 7 X X X 8 X X 9 10 X X 11 X X X X - Legal Notices/CEQA Legal notices were published in the San Gabriel Valley Tribune on December 1, 1999 for the appeal to the City Council, and mailed to all property owners within 300 feet of the subject property on December 2, 1999. The Planning Division has completed an environment analysis for these cases. Pursuant to that information a Draft Negative Declaration of Environmental Impact has been prepared. DISCUSSION These cases came to the City Council on appeal because the Planning Commission denied (4- 0 with one abstention) the Developer's applications at their November 10, 1999 meeting. At the City Council meeting on December 15, 1999, after lengthy public testimony, the City Council concurred that the applications should be referred back to staff, and that staff shall work with the Developer toward a compromise on the project. City staff, consisting of Rick Forintos, Redevelopment Manager, Mark Dozmati, Building and Code Enforcement Supervisor and Amy Harbin, Acting Principal Planner, met with David and Don Cook representing D.C. Corporation on December 29, 1999 at City Hall. The primary focus of this meeting was to aesthetically improve the project without reducing the proposed number of lots or radically changing floor plans or elevations. CP -573, ZV -641 and TM -52451 January 13, 2000 Page 4 of 13 The Developer provided staff a list of general conditions that were conditions of approval on prior projects (i.e. Vineland Ave. /Stichman Ave. and Los Angeles St. /Phelan Ave., etc.). Prior to the meeting with the Developers, staff reviewed this submitted list and identified areas of concern. At our meeting, the collective group of both staff and the Developer went through each condition and both either agreed to the conditions or we discussed the condition and came to a compromise. Additionally, staff had several proposed conditions of approval that we brought to the Developers for discussion, which staff felt that would aesthetically improve the project. The list below identifies the highlights of our discussions with the Developer. (Please refer to the attached Resolution 99 -99 for the specific wording of the conditions.) 1) Fifty percent (50 %) of the units will have plexi -glass window panels at the top of the garage door. The units with these types of garage doors will be dispersed throughout the project. 2) In addition to brick and stone veneer, staff also recommended that the Developer utilize OSB (Oriented Strand Board) which is a type of wood - like siding mainly along the front facade. A total of two units will have the eight inch (8 ") wide horizontal OSB siding, two units will have the brick veneer and two units will have the stone veneer. 3) There are a total of eleven lots proposed, unless there already is a mature existing tree within the front yard area, the Developer shall provide a tree. At a minimum three 48" box trees shall be utilized, three 32" box trees shall be utilized and five 24" box trees shall be utilized. There are four different types of trees that were agreed upon, Liquid Ambar, Sycamore, Oak, and Maple. Trees shall be evenly dispersed throughout the project, and if a home has an existing tree, the developer shall eliminate a 24" box tree as opposed to eliminating a 48" box tree. Tree type is subject to change, given seasonal availability, however, Planning Division shall give final approval on any tree changes. 4) That the Developer shall install a six (6) foot high block wall along all side and rear property lines. This wall, a,portion of which will be viewable from the public right -of -way, along Alderson Street, shall be brick capped and have a stucco sand finish. Additionally, the walls within the large side yard areas between Lots 2 and 3, Lots 4 and 5 and Lots 9 and 10 shall be decorative and utilize four (4) feet of regular grey brick with two (2) feet of slumpstone or splitface block along the top. 5) No `as- built' drawings shall be accepted for elevation changes. 6) Twenty -five percent (25 %) of the Lots shall have stamped concrete within the driveway areas. This area shall take the form of a ladder shape. A detail of the stamping shall be submitted during the Plan Check phase. 7) Twenty -five percent (25 %) of the homes located shall utilize a flat tile roof as opposed to a curved the roof. The flat tile colors shall correspond to the colors of the curved roof tiles. CP -573, ZV -541 and TM -52451 January 13, 2000 Page 5 of 13 Existing Home Although this project is not adjacent to the railroad tracks and staff does not have to address those types of issues, there is an existing well -kept single- family residence which the developer is proposing modifications to which he wants to incorporate into the project. According to the Developer, the current occupant of the home has lived this house for over thirty (30) years, raised his children in the house and intends to remain in the house after the project is completed. Incorporating the existing home in to the proposed project was a great concern of staff's given the delay with the improvements to the `Pink House' at Merced Avenue and Big Dalton Avenue. Since the OPA does not permit the City to retain a Certificate of Occupancy on any of the new units until the existing unit is rehabilitated, staff asked the Developer to either provide a $50,000 bond, $50,000 letter of credit or a $50,000 passbook/savings account in the City's name. in the end, it was agreed to by both parties that the Developer would provide the City a bond in the amount of $37,500 ($25,000 for performance and $12,500 for materials) to ensure that the rehabilitation to the existing home is completed. - Elevation Issues Another concern of staff's was the monotony of elevations along Bleecker Street. Although different colors of stucco, some flat tile roofs and different siding were agreed upon, staff asked if the Developer would consider different elevations. The Developer checked with his Attorney and it was agreed that Lot 5 will have the 1A Plan, Lot 6 will have Plant in reverse, Lot 7 will have a standard Plan 1 and Lot 8 will have Plan IA. These changes will show two of the homes (Plan 1A) without front porches and more arches as opposed to the other two lots (Plan 1 and 1 reversed). - Maintenance of Landscaping Agreement Again as with the Paddy Lane Project, one of staff's request to the Developer was that through the real estate escrow process, each potential new owner (both market rate and low - income families) sign and have notarized a `Maintenance of Landscaping Agreement', this agreement would be then recorded on the property by the County Recorders Office. In summary, this document would allow the City to provide landscaping maintenance services should the landscaping within the front yard area of the property fall into disrepair after the City provided the property owner with a '30 day Notice' to correct the problem. If the City eventually provided the landscaping maintenance services a lien would be recorded against the property for payment of those services. A Maintenance of Landscaping Agreement does not dictate what type of landscaping shall be utilized, where or how it shall be planted, just that the landscaping be maintained. Typically other cities would require a Home Owners Association or an Assessment District to ensure that the front yard landscaping, which is viewable from the public right -of -way, is maintained. After a bit of discussionty the Developer, neither party could come to a resolution on this item. Staff is of the opinion that if the Developer adheres to the stated and approved conditions of approval, that the project will meet all of the Findings of Fact as required for the conditional use permit, zone variance and tentative tract map. Although a long meeting, both staff and the Developer felt very positive about the outcome. CP -573, ZV -641 and TM -52451 January 13, 2000 Page 6 of 13 FINANCIAL IMPACT - City Funding On February 17, 1999, the City Council, acting as the Redevelopment Agency Board approved an Owner Participation Agreement (OPA) for this project with the Developer. Under the OPA, the Redevelopment Agency agreed to certain financial assistance in order to build eight (8) single- family units for low - income households. The OPA requires that the Developer to obtain various entitlements (CUP, Tract Map, etc.) As part of the OPA the Redevelopment Agency has committed $10,000 per affordable unit for a total of $80,000, which will come from the Redevelopment Agency's set -aside fund. - Outside Funding The Developer has also applied for and received a commitment of funding from the Los Angeles County Community Development Commi June (CDC) in 1999, which is valid for one (1) year. According to the CDC, the Developer is eligible to receive up to a maximum of $40,000 for each of the eight (8) affordable units for a maximum total of $320,000 for the Bleecker Street Project. RECOMMENDATION Staff recommends that the City Council adopt Resolution 99 -99 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING ON APPEAL, A CONDITIONAL USE PERMIT, ZONE VARIANCE AND TENTATIVE TRACT MAP FOR A ELEVEN LOT SINGLE - FAMILY RESIDENTIAL SUBDIVISION (APPELLANT: D.C. CORPORATION; LOCATION 4906 -4922 BLEECKER STREET; CASE NO.: CP -573, ZV -641 AND TM- 52451)." FINDINGS OF FACT — CONDITIONAL USE PERMIT 1) That the site for the proposed use is adequate in size and shape to accommodate the proposed use as the property does meet the minimum requirements for a proposed eleven (11) unit single - family residential subdivision as the Developer is not proposing to exceed the maximum allowable density for this proposal under the City's Housing Incentives Ordinance; and 2) 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 four (4) of the properties will have direct access to Bleecker Street and the developer is providing a two lane 60 foot wide residential cul -de -sac for the remaining seven (7) properties. Given the fact that each unit will have an average of 4.3 persons per dwelling unit, there will be an average of nine (9) trip -ends per household per day; and 3) That the proposed use would not have an adverse affect upon uses adjacent to the subject property as the proposed use of the property is single family residences which is compatible with the existing, surrounding single- family residences; and CP -573, ZV -541 and TM -52451 January 13, 2000 Page 7 of 13 4) That the proposed use is in conformance of'the General Plan of the City of Baldwin Park as the General Plan designation of the subject properties is R -1, Single Family Residential which is compatible with the proposed use of eleven (11) single- family detached dwelling units; and FINDINGS OF FACT — ZONE VARIANCE 1 } That there are exceptional or extraordinary circumstances applicable to the property involved which do not generally apply to other property in the same zone as the proposed development is unique in that the applicant is providing eight (8) single - family dwelling units which will be sold as affordable housing to designated households of very low or low income; and 2) That the variances are necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which would be denied to the subject property as other property owners who have agreed to build affordable housing have been permitted similar deviations from the City's development standards; and 3) That the granting of the variance would not adversely affect adjacent properties or be detrimental to the public welfare, as the project proposal of single - family residences is consistent with the surrounding, existing single- family residences; and 4) That the granting of the variance will not adversely affect the General Plan of the City of Baldwin Park, as approval of this variance application will permit the construction of a new ten (10) unit single - family housing project that will provide new quality housing available to households to low income which is consistent with the goals and policies of the Housing and Land Use Elements of the General Plan. FINDINGS OF FACT — TM- 52451 1 } That the site for the proposed development is physically suitable as the topography of the site is essentially flat and will be developed with ten (10) new single - family dwelling residences (with one existing rehabilitated single- family residence) at a density allowed by the City's Zoning Code provided that a conditional use permit is obtained for a density bonus and all variances are granted; and 2) That the design of the subdivision would not be a threat to the Health, Safety and Welfare of the citizens of Baldwin Park as the proposed project is a eleven (11) unit single- family residential subdivision which is compatible with the surrounding single - family residential zoning designations. 3) That the Tentative Tract Map is consistent with the City of Baldwin Park's General Plan. The City's General Plan designates these sites to be developed with single- family residences which is consistent with the project proposal; and 4) That development of the sites in accordance with the Tentative Tract Map will not affect future passive or natural heating or cooling opportunities for the area; and CP -573, ZV -641 and TM -52451 January 13, 2000 Page 8 of 13 5) That the proposed project is housing balanced as the developer is providing single - family homes for households of different income levels; and 6) 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 District. CONDITIONS OF APPROVAL 1) That the property shall be developed and Exhibit 'A' dated January 13, 2000, which the Plan Check phase of this project; and maintained in substantial accordance with shall be submitted by the Developer during 2) That electric garage door openers shall be provided for each unit; and 3) That roll -up garage doors shall be provided for each unit; and 4) That the roll -up garage doors at Lots 1, 4, 5, 8, and 9 shall have a plexi -glass window panel at the top of the garage door. Developer shall submit a manufacturer's brochure to the Planning Division for our files; and 5) That the Applicant shall install public improvements as requires by the City's Engineering Division and the Los Angeles County Fire Department; and 6) That the Applicant shall provide exterior paint and stucco colors in accordance with the colors provided to and approved by the City's Planning Division. Any changes to the approved exterior paint and stucco colors shall be at the sole discretion and require approval by the City's Planning Division. (Reference attached Exhibit 'B'); and 7) That the units on Lots 3 and 7 shall have brick veneer along the front elevation. This veneer shall extend along the side elevation of each home a minimum of three (3) feet and shall have a wood frame along the entire veneer; and 8) That the units on Lots 1 and 11 shall have stone veneer along the front elevation. This veneer shall extend along the side elevation of each home a minimum of three (3) feet and shall have a wood frame along the entire veneer; and 9) That the units on Lots 2 and 6 shall utilize eight inch (8 ") wide O.S.B. (Oriented Strand Board) horizontal lap siding along the front elevation. This siding shall extend along the side elevation of each home a minimum of three (3) feet and the framing around the siding shall be of nominal 2x resawn lumber as necessary. The Planning Division and the Developer shall compromise and agree to the exact location along the front facade of the OSB siding; and 10) That the Applicant shall utilize Pioneer Brand flat tile roofing material for Lots 6 and 7. The Applicant shall submit to the Planning Division color samples of the flat tiles. The flat tile roofing colors shall correspond to those curved the roofing samples that have already been submitted and approved by the, Planning Division. The Planning Division CP -573, ZV -641 and TM -52451 .January 13, 2000 Page 9 of 13 reserves the right to review and approved the flat tile colors to ensure compatibility with the curved tile roofing colors; and 11) That the Applicant shall submit detailed Landscaping and Irrigation Plans during the Plan Check phase of this project. 12) That the Applicant shall provide a minimum of three (3) 48" box trees, three (3) 32" box trees and five (5) 24" box trees (reference Condition #13 below). The front yard of each residence shall be planted with one of the above mentioned trees. This condition shall only be waived if the Planning Division determines that there is already an existing mature tree within the front yard area of a' particular Lot. If there is an already existing mature tree within the front yard of a particular Lot, the Applicant shall then eliminate a 24" box tree; and 13) That the acceptable and agreed upon types of tree species for the front yard areas of each home shall be as follows: Liquid Ambar, Oak, Sycamore and Maple. Since four (4) types of trees have been agreed upon, three (3) of the four (4) tree species shall utilize three (3) trees, while the remaining fourth tress specie shall utilize two (2) trees. Flexibility shall be permitted based upon the seasonal availability of these particular tree species, however, the Planning Division and the Applicant shall compromise to find an acceptable replacement tree similar in nature to the above agreed upon species. The Planning Division shall review and approve all tree specie changes and /or deletions; and 14) That the Applicant shall install a minimum of six (6) foot high block walls along the side and rear property lines. Due to the high visibility along Alderson Avenue and at the end of the cul -de -sac between Lots 2 and 3, Lots 4 and 5 and Lots 9 and 10, these walls which have high visibility shall be brick capped and shall have a stucco sand finish. The stucco color shall be subject to review and approval by the City's Planning Division; and 15) That prior to any changes, the Developer shall obtain in writing or via e -mail written approval from the City's Planning Division. Once changes are verbally agreed upon, the Planning Division shall provide written or e-mail approval to the Developer within twenty - four (24) hours. Any approved modifications i shall become part of the conditional use permit, zone variance, and Building Division files. The Acting Principal Planner or her designee will be available to the Developer for questions Monday through Friday twenty - four hours a day during the construction phase of this project for the purpose of discussing and approving minor modifications; and 16) That no 'as- built' drawings will be accepted for any elevation modifications; and 17) That the Developer shall use double - paned, gridded glass windows along all elevations that can be viewed from the public right -of -way; and 18) That the Developer shall provide a minimum two (2) foot wide stamped concrete ribbons in the shape of a ladder within the driveway areas of Lots 7 and 11. The final layout of the stamped concrete shall be shown on the plans submitted during the Plan Check phase of this project and shall be subject to review and approval by the City's Planning Division; and CP -573, ZV -641 and TM -52451 January 13, 2000 Page 10 of 13 19) That the proposed garage for the existing home located on Lot 9 shall have a Dutch - gable roof which will match the existing roof line of the home; and 20) That an agreement shall be recorded in the Office of the County Recorder and shall constitute a covenant running with the land which shall reserve the specific affordable housing units (Lois 1, 4 -8 and 10 -11) for qualified households for a minimum period of thirty (30) years; and 16) That the applicant shall provide adequate drainage to the storm drain system at the time of construction; and 17) That the applicant shall adhere to SCAQMD Rule 403 insuring the clean -up of construction related dirt on approach routes to the site; and 18) That watering techniques shall be employed to partially mitigate the impact of constructed generated dust particles and that the maintenance and servicing of construction equipment shall minimize exhaust emissions; and 19) That the applicant shall halt construction on the project during Stage one and Stage Two smog alerts; and 20) That the applicant shall construct the project according to the 1997 edition of the Uniform Building Code and Title 26 of the Los Angeles County Code as adopted by the City of Baldwin Park; and 21) That all conditions of the Los Angeles County Fire Department must be met prior to recordation. A written notification or approved plan from the Los Angeles Fire Department must be submitted to the City; and 22) That all special assessments for utilities or sewer connection fees are to be paid prior to recording the final map; and 23) That the Developer shall be responsible for the relocation of existing utilities as necessary. Provide separate utility services to each parcel including water, gas, electric power, telephone, and cable TV (all underground) in accordance with the respective utility company's standards. Easements shall be provided as necessary; and 24) That prior to the recordation of the Final Map, a written request from Valley County Water District, GTE, SCE, the Gas Company, and the Los Angeles County Sanitation District stating that adequate facilities are or will be available to service the proposed development shall be submitted to the City. Such letter must be issued by the utility company at least thirty (30) days prior to Final Map approval; and 25) That 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 Los Angeles County Recorder. An updated title report /guarantee must be submitted then ten (10) working days prior to Final Map approval; and CP -573, ZV -841 and TM -52451 January 13, 2000 Page 11 of 13 26) That the Final Map shall be based upon a field survey; and 27) That all survey for the proposed development will be done by the Developer, including the establishment of centerline ties; and 28) That the surveyors closure sheets must be enclosed with the Final Map; and 29) That new boundary monuments must be set in accordance with the set City Standards and subject to approval by the City Engineer; and 30) That all existing easements prior to Final Map 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 31) That all site grading, landscaping, irrigation, street improvements and sewer improvement plans shall be coordinated for consistency, to the approval of the City Engineer prior to Final Map approval, and 32) That the following improvement plans, prepared by a registered Civil Engineer and drawn to the satisfaction of the City Engineer, must be submitted to the City's Engineering Division; and a) Grading Plan b) Sewer Plan C) Street Plan d) Street Light Plan 33) That the Developer shall submit a complete Hydrology study of the project area and surrounding area affected by the development; and 34) That if the Los Angeles County Fire Department required additional hydrants or water pressure in addition to what already exists, or if the Los Angeles County Fire Department require a fire access road 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 35) 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 36) That demolition and grading permits may be issued by the City prior to approval of the Final Map, provided condition #30 is met, however, building permits shall not be issued prior to approval of the Final Map; and 37) That the Developer shall submit to the City's Engineering Division a Soils Report signed by a registered Soils Engineer; and 38) That the following off -site improvements must either be existing or guaranteed for: a) Remove all existing driveway approaches not being utilized and CP -573, ZV -641 and TM -52451 January 13, 2000 Page 12 of 13 replace with full height curb; and b) Construct new driveway approaches per plan. All driveway approaches shall meet with ADA (Americans with Disabilities Act) requirements; and C) Construct new sidewalk along the entire Paddy Lane frontage of the project; and d) Cold mill one inch (1") of asphalt and repave two inch (2 ") asphalt concrete on Merced Avenue from curb to center along the entire frontage of the project; and e) Each proposed parcel must have separate and independent connections to the main sewer line; and f) Install new eight inch (8 ") sewer line in the proposed street; and g) Install new street lights per the City's Master Plan along the new street and one street light Merced Avenue; and h) The proposed street must have 54' right -of -way and cul -de -sac with a 32' turning radius; and i) Plant 24" box street trees 50' apart along the entire frontage of the project in accordance with the City's Standard; and j) Install new irrigation system and landscaping within the parkway area along the entire Paddy Lane frontage of the project; and k) Construct drainage facilities in accordance with the Hydrology Study; and 39) That 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 40) That if there are any required public improvements that have not been completed by the Developer and accepted by the City prior to approval of the Final Map, the Developer shall enter into a subdivision agreement with the City and the Developer shall post the appropriate security; and 41) That approval of this Tentative Map does not constitute approval of a Site Plan or building footprints; and 42) That the City is being serviced by a Cable TV franchise awarded to Adelphia Cable of Baldwin Park. All residential units constructed shall be pre -wired and otherwise made ready for Cable TV connections; and 43) That after the Final Map records, a sepia and two (2) blueline prints shall be submitted to the Engineering Division at no cost to the City. Final Occupancy of any dwelling unit will not be granted until the recorded Map is received by the City's Engineering Division and any /or all other documents and approvals from the City's Building Division; and 44) That a Final Map must be recorded within twenty -four (24) months or all proceedings shall be terminated; and 45) That an 8 1f2" by 11" reduction of the Final Map shall be submitted to the Engineering Division prior to the City Council meeting for the subject Tract Map; and CP -573, ZV -641 and TM -52451 January 13, 2000 Page 13 of 13 46) That the Developer shall submit those documents required per the National Pollution Discharge Elimination System Act (NPDES) prior to the issuance of a grading permit, and 47) That the Developer shall submit to the Planning Division within ten (10) days of the approval of this resolution a check in the amount of $25.00 made out to the Los Angeles County Clerk for the filing of the Fish and Game Exemption; and 48) That the Developer shall comply with all conditions of approval within one (1) year of the effective date of this resolution or CP -592, ZV -6533 and TM -52828 will be subject to revocation. Any costs associated with the revocation of either the conditional use permit or zone variance shall be paid by the Applicant and/or owner; and 49) That the Applicant shall sign a notarized affidavit within twenty (20) days of the date of this resolution, stating that the applicant has read and accepts all of the conditions of approval. ATTACHMENTS: - Vicinity Map - Exhibit "A ", dated January 13, 2000 - Attachment #1 Letter from Vernon T. Brunson - Environmental Information - Application Forms and Statements - Draft Resolution of Approval Report Prepared by: Army L. Harbin, Acting Principal Planner CASE NO.:CP -573, ZV -641 and TM -52451 N ADDRESS: 4906 -4922 Bleecker Street Not to Scale Clt�, of Zor�� x12' Comm!F3sion October 1 8, 1 g99 He,;arding 1`;ovembpr 10, 1099 ; S PM di�cu.,sicn of icvel.opmunt of Hou:il-ng Tr,rct on 4900 Block of Bleecker Dear Sirs, T I �-im opposed to changing the size of an R1 building lot for a single home belo�; the exisiting 5000 square feet ( Usually 50 X 100 ) because this makes for a more crowded neighborhood with too much additional traffic and demands for parking on the street gdJacent to the new high density housing area. The usual development of a one acre plot allows two front lots on the street plus two flag lots which have access to the same street. This alrerldy causes increased traffic density and parking problems for existing residents of the adjacent area, but this is the historic met',od of allowing the development of the deep one half acre and one aore lots-iii. Balawir_.Park. To allow the density of houses to be even greater , such as the seven houses on the one acre at 4,022 Bleecker, instead of the usual six is excessive. Also allowing four houses instead of three on the one half acre at 4906 Bleecker ( just South of the above mentioned one acre) is excessive. Since I am adJ&c�ant- ntxt- ouothis development, I do not want to see a large increase, in traffic and parking. If the developer had to use 5000 Sq. Ft. lots he could add 8 new houses to the 11 i3'eros which includes 1 exisiting, le total of 9 houses. The builder proposes adding 10 new houses on the 1z acre,ie 11 houses total. The two extra houses squeezed in are both on Bleecker on small lots, which is right where I am concerned , i.e across the street from me. I would like to see the developer denied this plan. His alternative which would take no variance is to put flag lots on each half acre giving Two new houses on Alderson St., plus two flag lots accessed onto Alderson,plus two front .lots on Bleecker. Each frontage would have to be 50 Ft. min, and for these standard 66 Ft by 330 Ft one half acre lots, the 5000 ft min would require a lot depth of 75 Feet, 9 inches ( 66 X 75.75 M 4999.5 Pt sq. )o I was never notified of this plan, but heard of it today from a neighbor. I visited City Hall this morning and saw the plan. I believe there would be much less concerns if a plan such as this was put up for public discussion before the developer put so much effort into drawing eloborate plans. Respectful y Vernon T. Brunson Vernon T. Rruwwn 4917 Bl ,,ker SU W Box 9005 (62,6) 962 -5454 Baldwin Park, CA 91706 86 -12 Copies s Neighbors -- 4900 Block of Bleecker Street, Baldwin Park City Hall - Zoning Planning LTaycr CITY OF BALDWIN PARK DATE: January 5, 2000 APPLICANT: D.C. Corporation TYPE OF PERMIT: Conditional Use Permit, Zone Variances, & Tentative Tract Map FILE NO.: CP -573, ZV -641, & TM -52451 LOCATION OF PROJECT: 4906 -4922 Bleecker Street, Baldwin Park DESRIPTION OF PROJECT: Applications have been submitted for 1) a conditional use permit to allow a density bonus of 25% to construct 10 units, 8 of which will be reserved for low income families; zone variances from to allow a) less than the minimum required lot area, b) greater than the maximum allowable floor area ratio, c) less than the minimum required lot width, and d) less than the minimum required side yard setback for a reversed corner lot; and a tentative tract map to allow for a 20 lot single- family residential subdivision. It is the opinion of the [-1 El El Zoning Administrator Planning Commission City Council Other that, upon review of the project, it has determined that the project will not have a significant effect upon the environment. Mitigation Measures are attached are not required (Signature) Acting Principal Planner (Title) Date(s) of Public Notice: December 1 and 2, 1999 0 Legal advertisement Posting of the properties 0 Written notice (rnsiviforms Inegdec) 1/97 CITY OF BALDWIN PARK INITIAL STUDY I. BACKGROUND 1. Name of D.C. Corporation _ Proponent: 2. Address and Phone Number of Proponent: 2149 E. Garvey Ave. North Unit A -12 West Covina, CA 91791 (626) 962 -6933 3. Date of Checklist Submitted: October 18 1999 4. Agency Requiring Checklist: City of Baldwin Park 5. Name of Proposal, if applicable: Ten (1 0) single family residential units eight 8 of which will be reserved for low income families. 6. File Number: CP -573 ZV -641 & TM -52451 II ENVIRONMENTAL IMPACTS _77 =1-1-1. ��. . 1.) Earth. Will the proposal result in: X a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction X or over covering of the soil? c. Any increase in wind or water erosion of X soils, either on or off site? X d. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 2.) Air. Will the proposal result in X substantial air emissions, deterioration of ambient air quality, or change in climate? 3.) Water. Will the proposal result in a. Changes in ground water quality or X quantity, or alterations of existing drainage patterns? b. Storm water discharges from areas far X materials storage, vehicle or equipment INITIAL STUDY 4906 -4922 Bleecker Street. PAGE 2 Issue P 1 li Pb tr> ! lose Than No " e fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage delivery or loading does, or other outdoor work areas? c. A significantly environmentally harmful X increase in the flow rate or volume of storm water runoff? d. A significantly environmentally harmful X increase in erosion of the project site or surrounding areas? e. Storm water discharges that would X significantly impair the beneficial uses of receiving waters or areas that provide water quality benefits? f. Harm to the biological integrity of X drainage systems and water bodies? X 4.) Plant and Animal Life. Will the proposal result in change in the diversity of species, or number of any species of plants or animals (including trees, shrubs, grass, crops, microflora and aquatic plants)? 5.) Noise. Will the proposal result in: X a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X 6.) Light and Glare. Will the proposal produce new light and glare? X 7.) Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? 8.) Natural Resources. Will the proposal result in: X a. increase to the rate of use of any natural resource? X b. Substantial depletion of any nonrenewable natural resources? X 9.) Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including but not limited to oil, pesticides, chemicals, or radiation) in the event of an accident or upset condition? INITIAL STUDY 4906 -4922 Bieecker Street PAGE 3 Issue Potentw Than No b a X ilk _ 10.) Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 11.) Housing. Will the proposal affect existing X housing, or create a demand for new housing? 12.) Transportation /Circulation. Will the proposal result in: X a. Generation of substantial additional vehicular movement or alteration to present patterns of circulation or movement of people and /or goods? X b. Effects on existing parking facilities, or demand for new parking? X c. Increase in traffic hazards.,{ to motor vehicles, Ncyclists or pedestrians? 13.) Public Services. Will the proposal have an effect upon or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X b. Police protection? X c. Schools? X d. Parks or other recreational facilities? X X e. Maintenance of public facilities including roads? 14.) Energy. Will the proposal result in a X substantial increase in the use of energy? 15.) Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X b. Communications systems? X c. Water? X d. Sewer or septic tanks? X e. Storm water drainage? X f. Solid waste and disposal? X INITIAL STUDY 4906 -4922 RIPecker Street PAGE 4 Issue Potentially PotenWI y Less Than " No Slgniifleatrt `. 5i ti CaNlt x 11ni$ lmatcE Mltltad - X 16) Human Health. Will the proposal result in the creation of any health hazard or potential health hazard? X 17 ) Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X 18.) Archeological /Historical. Will the proposal result in an alteration of a significant archeological or historical site, structure, object or building? 19.) Mandatory Findings of Significance. X a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b. Does the project have the potential to achieve short -term, to the disadvantage of long -term environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief period of time, while a long -term impact will endure well into the future). X c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impacts on each resource is relatively small, but where the effect of the total of those impacts On the environment is significant.) X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? INITIAL STUDY 4906 -4922 Bieecker Street, PAGE 5 III. DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. Date: October 18, 1999 I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. (Signature) Planning Technician (Title) City of Baldwin Park Ill. DISCUSSION OF ENVIRONMENTAL EVALUATION 1. Earth a. The topography is relatively fiat and the area is suited for grading. The project will result in minor grading for the preparation of building sites and excavation of utilities. Liquefaction potential, landslides and surface soil failures do not represent significant geo- technical constraints to the project. b. Thrj project will result in the construction of ten (10) new single family residential units and retention of one existing single family dwelling unit. The project will have various degrees of open space which will be landscaped to allow for the absorption of surface water. The site is served by a storm drain system which provides protection for the subject site and general area. Mitigation Measures: Adequate site drainage to the storm drain system, subject to Engineering approval will be required at the time of construction. INITIAL STUDY 4906 -4922 Bleecker Street PAGE 6 C. The project site is located in a relatively flat, urbanized area with very low potential for wind and water erosions of soils. Southern California is considered a seismically active area and contains a number of active, potentially active and inactive faults. There are no known faults passing directly within the site,_ and the occurrence of direct ground rupture is not likely. The project will expose additional people to ground shaking from earthquakes due to the additional housing stock provided to the area. However, the potential is similar throughout Southern California and no unique or unusual risk is posed by the proposed project. Mitigation Measures: Policies and measures directed toward mitigating any adverse impacts are addressed in the Public Safety Element of the City's General Plan. Further standard building code provisions provide protection from ground shaking, and the project is subject to the standards of the Uniform Building Code. 2. Air The project is located within the South Coast Air Basin which is a non - attainment area for selected pollutants and air pollution is a regional problem. Pollution levels in Baldwin park are a result of not only local emissions, but also of those throughout out the region. Southern California Association of Governments and the South Coast Air Quality Management District have adopted a South Coast Air Quality Management Plan ( SCAQMD), and the proposed project is consistent with that plan. The project will not have a significant impact upon air quality-, however, there will be a temporary increase in air pollutants emissions during the construction phase. Construction dust and air pollution will be reduced to a less that significant level with mitigation measures. Mitigation Measures: Measures to reduce air pollution include the following: 1) That the applicant adhere to the SCAQMD Rule 403 insuring the clean up of construction - related dirt on approach routes to the site. 2) That watering techniques shall be employed to partially mitigate the impact of construction - generated dust particles - 3) Maintenance and servicing of construction equipment to minimize exhaust emissions. 4) Halting of construction activities during Stage One and Stage Two smog alerts. 3. Water The project will result in an increase of impervious surfaces. This coverage may result in the amount and speed of runoff during storms-, however, the site is adequately protected by a storm drain System that serves the area. 4. Plant and Animal: The site is located in a substantially developed urban area. There is no significant remaining natural vegetation. The native vegetation has been replaced by imported species over the years. Further there are no biological impacts because there are no unique, rare or endangered plant or animal species within the City. The applicant, through a landscaping plan, will provide substantial landscaping throughout the project. 5. Noise a) Noise levels would increase temporarily during the construction phase of the project. Construction is regulated by the City and is addressed in the Municipal Code to limit overall INITIAL STUDY 4906 -4922 Bleecker Street PAGE 7 noise levels to an acceptable range. increased population and development will result m increasing noise from a variety of sources commonly found in an urban environment (human activities, mechanical equipment, automobiles, pets, etc.) This increase is considered to be less than significant. 6. Light and Glare Lighting throughout the project site must comply with City Standards intended to promote public safety. Lighting in the project site will include additional street lights for the proposed street and residential lighting. An increase in the amount of lighting will result from the need to provide for adequate street lighting. Street lighting levels are generally low in residential areas and the lighting provided for the extension of the proposed street would be subject to the standards of the Municipal Code requirements. Land Use The site is currently developed with one single - family residential unit on large R -1 zoned lots. The remanding of the project site is vacant land. The proposed project would include incorporating the existing dwelling unit, construction and extension of Alderson Avenue with a new cul -de -sac street and construction of ten (10) new single- family residential units. Further, of the 10 units, 8 units will be provided as affordable units. The developer will provide the existing home with a new 20'x 20` garage, new concrete tile roof consistent with the project, an upgraded electrical system, new exterior paint, landscaping consistent with the project and replacement of the existing fence with a 6' high block wall. The project is consistent with the zoning and the General Plan designation for the property. The Plan designates the project site as Single- Family Residential. This designation allows for low density residential development, including residential developments granted a density bonus, such as the proposed project. 8. Natural: Resources Natural resources will be used for construction materials, but the project will have no significant increase in additional energy usage. 9. Risk of Upset The residential zone does not allow for the use, storage or transportation of hazardous materials. Therefore, there are no potential hazards or risk of upset associated with this project. 10. Population The provision of ten (10) single- family residential units will increase the population of the area which may result in higher levels of traffic and increased demands on municipal agencies. The increase in population would not create a significant impact. According to the Population and Housing Estimates for Individual Counties from the Department of Finance, a slight increase would be expected to occur with an average of four (4) persons per dwelling, which creates an approximate increase of forty (40) persons. The potential result of increase manpower and equipment needed to serve citywide demands are evaluated annually. The provision cf ten (10) single - family residential units, which includes eight (8) affordable units, is considered a beneficial impact. The project also meets the density requirements contained within the Municipal Code and the City's General Plan. 11. Housing The project involves the retention and fagade remodeling of one existing unit to facilitate the construction of ten (10) new single - family residential units. The project will increase the housing stock of the City, and provide for affordable housing opportunities. INITIAL STUDY 4906 -4922 Bleecker Street 12. Transportation /Circulation PAGE 8 The project will result in an estimated increase in traffic generated by the net gain of 10 single - family residential units: four (4) on Bleecker Street and six (6) on the proposed cul -de -sac. The anticipated impacts are illustrated below: a) The proposed project is expected to generate an average of 100 weekday vehicle trips. However, ingress and egress to the site will be provided from Bleecker Street and a newly constructed extension and cul -de -sac of the existing Alderson Avenue. Both streets are operating at a LOS "A ", therefore, these levels of additional vehicle trips are considered insignificant. No mitigation measures are required. b) The proposed project and site meet the required parking standards contained within the Municipal Code; private parking areas contained within the required two -car garages will be provided for each dwelling unit. 13. Public Services a) Police Public services are already in place to serve this development. An increase in public services would be considered less than significant. The project may result in some increase in police calls. h) Fire The proposed project should not result in the need for new or expanded fire prevention facilities. Whether or not the project would require additional police services and fire staff depends on the total requirements of the City and County. c) Schools The net impact of the project on the school facilities will be minimal. There would be a slight increase in local school enrollment. If viewed as an isolated occurrence, the project would result in an estimated increase in population of up to 44 persons (10 units x 4.4 persons per unit) with up to 18 school -aged children (40% of the total between the ages of 0 -20). Mitigation Measures: School development fees in the amount of $1.931s.f, shall be paid to the Baldwin Park Unified School District prior to obtaining building permits. These fees are considered to provide full and complete school facilities mitigation. d) Parks Although residential development for this proposed project will increase the population, the project is not expected to significantly impact the City's existing parks or recreational facilities. The City collects a Development Fee, which can be utilized to partially offset the potential impact of the proposed project. 14. E=nergy A net gain of ten (10) single- family residential units will increase the demand for energy. However, the proposed growth is a small portion of the total regional growth and does not represent a significantly different energy use. The impact of this growth will not be significant. 15. Utilities a) The site is served by existing utilities. No problem in providing services is foreseen. b) The site is currently being served by an adequate communications system. No problem in providing these services is foreseen. INITIAL STUDY 4906 -4922 Bleecker Street PAGE 9 c) The site is currently being served by and existing water distribution system. No problem in providing services is foreseen. d) The City's sewer system is maintained by the County Sanitation District, which provides an adequate system. No problems in providing services are foreseen. e) The project site is not within a flood zone area- The increase in impervious surfaces primarily due to the proposed street will marginally increase runoff form the project area. The proposed project will be required to provide satisfactory drainage to available storm drains. f) A net gain of ten (10) single- family residential units will increase the demand for solid waste disposal; however, the level of solid waste generation is small in comparison to total solid waste disposal on a regional level. The City, in an effort to reduce the amount of solid waste disposed, currently provides recycling containers to residents for the recycling of paper, glass, plastic, and aluminum. 16. Human Health The development of the proposed project does not involve unique or unusual human health concerns. The project will not expose people to additional health hazards such as disease or exposure to hazardous materials. 17. Aesthetics The project will not result in the obstruction of any scenic views open to the public. Through the Design Review process, the project has been designed so as to ensure that no aesthatic offensive site, building, or mechanical equipment will be open to public view. Further, the project is compatible with the surrounding adjacent properties and consistent with the Design Guidelines developed by the City. 18. Archaeological/Historical The project site has not been identified as having any historical or cultural significance; nor does the project site contain any structures possessing local landmark status or have been potentially eligible for listing on the National Register of Historic Places. 19. Mandatory Findings of Significance a. The proposed project will have no impact on fish or wildlife, endangered plant species or examples of major periods of California history or prehistory. The proposal does not have the potential to degrade the quality of the environment. b. The project is not expected to have any long term adverse environmental impacts, and is in keeping with the long range considerations of the General Plan. c. The cumulative impacts of the project are not expected to be significant, since all potential individual impacts 'ire proposed to be mitigated to a level of less than significant. d The project will not cause substantial adverse impacts on human beings, and is in keeping with the provisions of the City's General Plan. iNI I IAt STUDY 4936 -4922 Bleecker Street ENVIRONMENTAL INFORMATION FORM Date filed: October 18, 1999 General Information 1. Name and address of developer or project sponsor: D.C. Corporation, 2149 Garvey Avenue North Unit A -12, West Covina, CA Address of project: 4906, 4916 & 4922 Bleecker Street, Baldwin Park, CA 91706 PAGE 10 3. Assessor's Block and Lot Numbers: 8414 -018 -047, 048 & 049 3. Name, address and phone number of person to be contacted concerning this project: Salvador Lopez, Planning Technician, Planning Division, City of Baldwin Paris, 14403 E. Pacific Avenue, Baldwin Park, CA 91706, (626) 813 -5261, ext. 456. 4. Indicate the number of the permit application to which this form pertains: CP -573, ZV -641 & TM -52451 List and describe any other related permits and ether public approval "ired of this project, including those required by city, regional, state or federal agencies: Public approval by the Planning Commission is required for a Conditional Use Permit for the density bonus. An approval of a zone variance is required for the reduction in the minimum lot area, lot width, and less than the required minimum side yard setback for a reversed corner lot. A tentative tract map is required to allow an eleven (11) lot single family residential subdivision. An Owner Participation Agreement has already been approved by the Agency to allow the developer to utilize Redevelopment Agency set -aside funds for the low to moderate income units. 6. Existing zoning district: R -1 Single Family Residential 7. Proposed use of site (Project for which this form is filed): Development of ten (10) Single Family Residential Units PROJECT DESCRIPTION The proposed project involves the construction of ten (10) new single family residential units with lot areas ranging between 3,402 and 7,808 square feet and floor areas ranging between 1,731 and 2,267 square feet. The project will also involve the construction and extension of Alderson Avenue, as required by the City's General Plan. It`tlTIAL STUDY 4906 -4922 Bleecker Street PAGE t I ENVIRONMENTAL CHANGES Are the following items applicable to the.project or its effects? Discuss all items below checked "yes" (attach additional sheets as necessary). YES NO 1. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 2. Change in scenic views or vistas from existing residential areas or public lands or roads. 3. Change in pattern, scale or character of general area of the project. 4. Significant amounts of solid waste or litter. 5. Change in dust, ash, smoke, fumes or odors in vicinity. 6. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. T Substantial change in existing noise or vibration levels in the vicinity. & Site on filled land or slope of 10 percent or more. 9. Use of disposal or potentially hazardous materials such as toxic substances, flammable or explosives. 10. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 11. Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc.). 12. Relationship to larger project or series of projects. [DISCUSSION OF ENVIRONMENTAL CHANGES There will be no significant environmental changes. ENVIRONMENTAL SETTING X X X X X X X X X X X Incorporated in 1956, the City of Baldwin Park is located approximately 17 miles east of downtown Los Angeles. The intersection of the 1 -10 (San Bernardino) and 1-605 (San Gabriel River) Freeways lies near the southwest corner of this 6.8 square mile City. It is predominantly a residential bedroom community, although recent efforts on the part of the City have placed a greater emphasis on promoting commercial and Indust ial land uses. However, the City is near "build out ", focusing efforts on the redevelopment of land, e�;pe- .Dally within freeway close properties. According to the most recent State Department of Finance figures, the City population has surpassed 75,055 persons. This is more than double the population in 1960. A predominantly Hispanic working class community, the City has also experienced a recent increase in its Asian population. Also interesting is that according to the 1990 Census, the City has a considerably larger than average household size that the County average, suggesting increased pressure on the City's housing stock and the provision of services. .3 C _ CC), 71T lf.Ellli. �E.'l)f.'��1j��'i�';:` Dt-f"`•- .. CONDITIONAL USE PERMIT APPLICATION I. Applicant�io..� Name ( Zip Code: A Phone Status (Owner of land, agent, Purchaser, etcl 2. Property Owner I 4 [� Name: Address: I �C Zip Code: I of City: Phone: 3. Property Address: _ SL+� SC,�.I�T. Zone: �L Lot Site: Existing Use of Property: 4, Legal Description (Use description as it appears on your Grant Deed or attach a cope of the deed). g 4-4- q`iG4s H 5. Request for... ........... ZONING CODE SECTION NUMBERS ` 6. Change to be made to property i 7. Special information off Page 4 •" ; i�c <��i. t 1-'ci� �c Commur j Deuelopment {�• ,�tE!r :� TO: PLANNING COMMISSION CASE NO: I the undersigned hereby petition for a Conditional Use permit from the City of Ba)d%k,m Park In what ways is the site for this proposed use of adequete size and shape? 2 Now does this site have sufficent access to streets and highways. adequate in u-idi h and pavement type to carry (lie quantity and quality of traffic generatc d by thr proposed use? 3 1Vh - will the proposed use not have an adverse effect upon adjacent properties? APPLICANT(S) SIGNATURE DATE Pnee 5 ZONE VARIANCE APPLICATION APPLICANT: NAME oR A k o ADDRESS PHONE STATUS (owner of land, agent, purchaser, etc.) PROPERTY OWNER: f NAME: �UI c w. Coo k wlv\ — x C 4 'j r c;. k n sl.- L ADDRESS: _ _L`� ° R ^�' S i �JA� •� C�iK L a- PHONE PROPERTY: ADDRESS: �I� b - '� �z e r 2 si e ,✓ l�Av� ZONE:— EXISTING USE OF PROPERTY: LOT SIZE ���� S LEGAL DESCRIPTION: (Use description as It appears on the Grant Deed or attach a copy of the grant deed) SCc A :/:2� r & r REQUEST: VA ro,, t�,jc -c _ Lj- �'Z� ZONING CODE SECTION NUMBERS: CHANGES TO BE MADE TO PROPERTY: SPECIAL. INFORMATION: PLANNING COMMISSION Case No. I the undersigned hereby petition for a variance from the requirements of the Baldwin Park Zoning Ordinance as specified befow: THAT THERE ARE EXCEPTIONAL OR EXTRAORDINARY CIRCUMSTANCES OR CONDITIONS APPLICABLE TO THE PROPERTY INVOLVED OR TO THE INTENDED USE OF SUCH PROPERTY. WHICH DO NOT GENERALLY APPLY TO OTHER PROPERTIES IN THE SAME ZONE THAT SUCH VARIANCE IS NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF A SUBSTANTIAL PROPERTY RIGHT POSSESSED BY OTHER PROPERTY SIMILARLY SITUATED, BUT WHICH IS DENIED TO THE PROPERTY IN QUESTION, 0 d THAT THE GRANTING OF THE VARIANCE WILL NOT BE MATERIALLY DETRIMENTAL TO DETRIMENTAL TO THE PUBLIC WELFARE OR INJURIOUS TO THE ADJACENT PROPRTIES, IV. THAT THE GRANTING OF THE VARIANCE WILL NOT ADVERSELY AFFECT THE GENERAL PLAN OF THE CITY OF BALDWIN PARK. _....... -- - .................... PLANNER OWNER'S AFFIDAVIT (We) �Pi,f,: u, :yVW name or names in futl) T" e undersigned, hereby grant(s) permission t- ic file a iP (Zone Change, Va Dance, or C.U.P.) application on my property located at In tha City of Baldwin Par. S i 4 n e d Sut,bc: abed and sworn to before ma this f- 4 —_day a E 1 vICTOR CRAVEZ Notory PubCc — Casfomfa Los ANGELES COQNW tr C a nm. bpu es i.cAR 3 f . 1449 NotarS' Ublxc r BPFLI IV gppLIQAN 2 .../ Name / n Address y� / Phone' 6� 6 �t�. `T✓Y Status {Owner of land, agent, purchaser, otc ) ry +c�n14 z 2 Name: / Address'. Phone; li3L 4 3. N N V Name: toA"7' C p^lSdL '�./i S Address: sT Phone; 7ly} (ao•1'7)o Registration Number: Address: Zone. —� Lot Size: L1rAL- Sq Ft 5 ExISTING USE OF PROPERTY: 5 LEGAL DESCRIPTION: (Use description as it appears on your Grant Deed or attach copy of deed) ] PROPOSED USE OF PROPERTY: B NUMBER OF PROPOSED RESIDENTIAL UNITS (if applicable):(//. 9. SPECIAL INFORMATION! -------------------- - - - - -- -FOR OFFICE USE- ----- ---------- -- -- - - -- Date Filed Amount Paid Hearing Date Case Number (if applicable) By