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