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HomeMy WebLinkAbout2011 007 CC RESO RESOLUTION 2011-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK (1) ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; (2) APPROVING A CONDITIONAL USE PERMIT FOR A DENSITY BONUS OR OTHER INCENTIVES IN ACCORDANCE WITH SECTION 153.531 OF THE CITY'S MUNICIPAL CODE AND STATE LAW; AND (3) APPROVING A TENTATIVE TRACT MAP TO SUBDIVIDE TWO (2) LOTS INTO FIFTEEN (15) LOTS FOR RESIDENTIAL PURPOSES; (LOCATION: 3346-3354 VINELAND AVENUE; APPLICANT: DAVID COOK, REPRESENTING DC CORPORATION; CASE NUMBERS: CP-785 and TM-71409) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council at the time of the public hearing on the above matter reviewed and considered the proposed Mitigated Negative Declaration of Environmental Impact, relating to the Conditional Use Permit and tentative Tract Map (CP-785 and TM-71409). The City Council based upon its public review does approve the proposed Mitigated Negative Declaration, since there is no substantial evidence that the project will have a significant impact upon the environment. SECTION 2. The City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: (a) The applications ("Applications") for a conditional use permit and a tentative tract map were submitted on behalf of the owner of certain real property, located at 3346-3354 Vineland Avenue in the City of Baldwin Park, described more particularly in the Application on file with the City Planner and are hereby accepted by the City Council in light of the Applicant's withdrawal of it appeal of the Planning Commission's denial of CP-780 and TM-71409; and (b) The Applications seek a conditional use permit to allow a conditional use permit for a density bonus or other incentives pursuant to Section 153.531 of the City's Municipal Code and State Law, and a tentative tract map to subdivide two (2) lots into fifteen (15) lots pursuant to Section 152.07 of the City's Municipal Code; and (c) A duly noticed public hearing was held on the Applications by the City Council, and based upon evidence presented including applicable staff reports and each member of the City Council being familiar with the property, it was determined the requirements of the Baldwin Park Municipal Code have been met for the conditional granting Resolution No. 2011-007 Page 2 familiar with the property, it was determined the requirements of the Baldwin Park Municipal Code have been met for the conditional granting of the Applications and the conditional use permit and tentative tract map should be approved; and (d) Each fact set forth in the staff report dated April 6, 2011, from Marc Castagnola, AICP, Community Development Manager to the Mayor and Councilmembers ("Staff Report") is true and correct. SECTION 3. The City Council does hereby adopt the following Findings of Fact applicable to all conditional use permits: (a) The site for the proposed use is adequate in size and shape to accommodate the proposed use in that the Project Site, which has a gross lot size 1.89 acres and a net lot size of 1.45 acres will be developed with fifteen (15) single-family residential units and integrated into an existing residential neighborhood provided a conditional use permit for the housing incentives is approved; and (b) 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 a new public, cul-de-sac street will be constructed from Vineland Avenue to serve the fifteen (15) new dwelling units; and (c) The proposed use will not have an adverse affect upon uses adjacent to the subject property, as the proposed use of single-family residences is consistent and compatible with the existing surrounding neighborhood. Design features such as 6' high block walls and enhanced landscaping have been incorporated to lessen the effects on adjacent residences, which are zoned R-1. It is not anticipated that the project will have an impact on the adjacent Big Dalton Wash; and (d) The proposed use is in conformance with the General Plan. The project proposal supports Goal 3.0 of the Housing Element by assisting in the development of affordable housing to low income households and supports Policy 3.1 of the Housing Element General Plan by promoting the development of affordable housing by providing regulatory incentives for projects which include low income units. SECTION 4. The City Council does hereby adopt the following Findings of Fact applicable to all tentative tract maps: (a) The site for the proposed development is physically suitable as the topography of the site is essentially flat and will be developed with fifteen (15) single-family detached residential dwelling units at a density Resolution No. 2011-007 Page 3 allowed by the City's Zoning Code provided that a conditional use permit is approved for the proposed density bonus which is in accordance with Section 153.531 of the City's Municipal Code and State Law; and (b) The design of the subdivision will not be a threat to the Health, Safety, and Welfare of the citizens of Baldwin Park; and (c) The proposed project is for fifteen (15) single-family detached residential dwelling units which is compatible with the surrounding single- family residential zoning designations; and (d) The Tentative Tract Map will be consistent with the City's General Plan, as the subdivision of two (2) lots into fifteen (15) lots will allow for the density bonus of three (3) dwelling units, subject to the approval of the conditional use permit approved pursuant to this Resolution. That is consistent with Goal 3.0 and Policy 3.1 in the Housing Element which discusses the City assistance in the development of housing for affordable housing by providing regulatory incentives for projects which include low and/or moderate income dwelling units; and (e) The development of the Project Site in accordance with the Tentative Tract Map will not affect future passive or natural heating or cooling opportunities for the area due to the natural, flat topography of the site and the future development of fifteen (15) 2-story dwelling units will not affect said opportunities; and (f) The proposed Tentative Map is in an area serviced by Valley County Water District. The District has indicated that the proposal will not violate any water quality standards for the Water District; and (g) The Environmental Assessment did not identify any potentially significant impacts on the environment. There are six (6) areas of environmental impacts which have been found to be less than significant with mitigation measures incorporated, including: Air Quality, Biological Resources, Hazards and Hazardous Materials, Land Use and Planning, Noise, and Public Services. Mitigation measures for these impacts have been identified in both Attachment #8, Environmental Data — Draft Mitigated Negative Declaration and Initial Study and Attachment #9, Mitigation Monitoring Matrix. SECTION 5. The City Council does hereby adopt the following Conditions of Approval for said Project: (a) The subject property shall be developed and maintained in substantial compliance with Exhibit "A," dated April 6, 2011, except as modified herein by these conditions; and Resolution No. 2011-007 Page 4 (b) Electric garage door openers shall be provided for each unit; and (c) Sectional roll-up garage doors shall be provided for each unit; and (d) A decorative six (6) foot high block wall shall be provided surrounding the perimeter of the property. Decorative block walls with brick cap will be required along all exterior property lines that are visible from the public right-of-way. Proposed materials are subject to Planning Division approval. Interior property line delineator walls shall be precision block with a brick cap; and (e) The Applicant shall provide a variety of architectural elements, as discussed with and approved by the City's Design Review Committee, along elevations facing the public right-of-way for those C and M floor plans so that similar elevations shall not be adjacent to one another. Updated elevation plans shall be submitted to the Planning Division for review in accordance with the Site Plan. Approval by the Planning Division on the elevation specifics for the C and M floor/elevation plans shall be obtained prior to commencement of construction; and (t) Each of the dwelling units shall have decorative motion sensor lights at each garage and main level entrance door. Exterior lighting shall be decorative and automatically controlled. Manufacturer's literature shall be submitted to the Planning Division for review and approval when plan are submitted to the Building Division for plan check; and (g) Each unit shall be pre-wired for an alarm system, which shall include motion sensor external lighting at all entries/exits and garages; and (h) Any future addition to individual units shall be limited to a patio cover which shall not exceed 25% of the rear yard area and shall meet all zoning code requirements, such as, but not limited to, setbacks from the property lines; and (i) The City is being served by a cable TV franchise awarded to Time Warner Cable. All residential units constructed shall be prewired and made ready for cable TV connections; and (j) Public improvements shall be installed as required by the Engineering Division and County Fire Department; and (k) The Applicant shall comply with all of the conditions of Resolution No. 2011-007 Page 5 approval as stated in Attachment #5, 'Conditions of Approval, TM-71409, dated March 4, 2011, from the Public Works Department; and (I) The Applicant shall comply with all of the conditions of approval as stated in Attachment #6, 'Conditions of Approval for Subdivisions — Incorporated, dated December 15, 2010/March 9, 2011 from the Los Angeles County Fire Department that are directly related to the proposed project, except the Stichman Avenue improvements. A written notification or approval plan from the Fire Department must be submitted to the City; and (m) The project shall be constructed according to the most recent Edition of the Uniform Building Code as adopted by the City; and (n) All designs must conform to California Building Code, California Green Building, California Electrical Code, California Plumbing Code, California Mechanical Code, and California Energy Code, and latest adopted City's building ordinance, in effect at the time of building permit application date; and (o) The first sheet of the architectural plan shall contain information regarding Green Building Code compliance. The project architect must demonstrate how the design complies with mandatory measures and provide charts, table, worksheets, etc; and (p) The following approvals must be obtained prior to applying for building permit: i) Approval from Planning Department ii) Approval from Engineering/Public Works Department iii) Approval from Fire Department iv) Copy of the recorded Tract Map with the County Recorder's Office (q) Three sets of complete plans for architectural, electrical, plumbing and mechanical shall be submitted to the Building Division; and (r) Title-24 energy calculation prepared by a qualified energy consultant shall be submitted to the Building Division. Energy plan sheets shall be included in the plan set; and (s) Two sets of soils reports shall be submitted to the Building Division. If grading permit is required, then a building pad grading certification is required prior to issuing the building permit; and Resolution No.2011-007 Page 6 (t) A landscape and irrigation plan must be designed by a certified landscape architect and submitted for review and approval to the Planning Division at the time of the City's acceptance of building construction plans for Plan Check. Once installed, all landscaping must be continually maintained and preserved in accordance with the approved landscape and irrigation plan. No trees shall be removed without first filing an application with the Tree Department and obtaining approval from the Tree Officer; and (u) All landscaping visible from the public right of way shall be automatically irrigated; and (v) A copy of the recorded tract map if required shall be submitted to the Building Division. Tract map must be recorded prior to building permit issuance; and (w) The Applicant is responsible for contacting the city to inquire about and submit all development fees required for this project, which shall be paid at the time a building permit is sought and prior to occupancy. The fees may include, but are not limited to, the following: i) Building permit fees ii) Plan check fees iii) Planning Department fees iv) Engineering / Public Works fees v) School fees. vi) Fees imposed by other agencies vii) Quimby Fee viii)Public Art Fee ix) Traffic Impact Fee x) Flood Control Fee xi) Mitigation Fees (x) The Applicant shall be responsible for providing qualifying documentation to the City's Housing Authority for the two (2) low-income unit, prior to the issuance of a if p certificate of occupancy for those two units; and (y) The Applicant shall provide a check in the amount of $2,044.00 payable to the Los Angeles County Clerk for the California Department of Fish and Game Fee required for the Mitigated Negative Declaration of Environmental Impact no later than April 7, 2011 (effective date of the City Council approval of the applicable land use entitlements including these conditions of approval) if the Department of Fish and Game has not granted a request for an Exemption; and Resolution No. 2011-007 Page 7 (z) The Applicant shall comply with all of the mitigation measures as stated in Attachment#9, `Mitigation Monitoring Matrix'; and (aa) The Applicant shall comply with all conditions of approval within one (1) year after the date of approval or approval of this Conditional Use Permit shall become null and void and will be subject to revocation pending a hearing by the Planning Commission or the City Council on appeal. Furthermore, any costs associated with the revocation of this conditional use permit shall be paid by the applicant and/or owner; and (bb) 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. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Planning Secretary and the Applicant. PASSED AND APPROVED t is 6th . .. . .f April 20 . r dial MAN fir- • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on April 6, 2011, by the following vote: AYES: COUNCIL MEMBERS: Monica Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Marten Garcia and Mayor Manuel Lozano NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABS A.IN: COUNCIL MEMBERS: NONE [g u dill t / i/ iURA M. NIETO, CMC EPUTY CITY CLERK