HomeMy WebLinkAbout2014 001 CC RESO RESOLUTION 2014-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK: (A) APPROVING THE MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT; (B) ADOPTING THE FINDINGS OF FACT AND
APPROVING THE SPECIFIC PLAN (13-01); AND (C)
ADOPTING THE FINDINGS OF FACT AND APPROVING
THE TENTATIVE MAP (PM-1423) TO CONSOLIDATE FIVE
(5) LOTS OR PORTIONS THEREOF INTO NO MORE
THAN THREE (3) PARCELS WITHIN THE MU-1(D0),
(MIXED-USE 1, DOWNTOWN OVERLAY) AND C-1 (DO),
(NEIGHBORHOOD COMMERCIAL DOWNTOWN
OVERLAY) ZONES. (LOCATION: 14412-14436 RAMONA
BOULEVARD, ASSESSOR'S PARCEL NUMBERS: 8554-
001-901, 907, 904, 913, and 914; APPLICANT: ROEM
DEVELOPMENT CORPORATION FOR SP 13-01 AND
ROEM DEVELOPMENT CORPORATION FOR THE CITY
OF BALDWIN PARK FOR PM-1423; CASE NUMBERS: SP
13-01 AND PM-1423)"
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Baldwin Park does
hereby find, determine, and declare as follows:
(a) That applications ("Applications") for a Specific Plan (SP 13-
01) and Tentative Parcel Map (PM-1423) were submitted on behalf of the
owner of certain real property, located at 14412-14436 Ramona
Boulevard (Los Angeles County Assessor's Parcel Numbers: 8554-001-
901, 904, 907, 913 and 914), in the City of Baldwin Park, described more
particularly in the Applications on file with the City Planner; and
(b) The Applications are sought to allow the approval of: (1) a
Specific Plan which will facilitate the development of a no more than 72
dwelling unit, transit-oriented, mixed use affordable multi-family project,
including one manager's unit with 5,920 square feet of commercial retail
space and (2) a tentative parcel map to consolidate five lots or portions
thereof into no more than three parcels of land within the MU-1 (DO)
(Mixed Use-1 Downtown Overlay) and C-1 (DO) (Neighborhood
Commercial Downtown Overlay) Zones pursuant to Subchapter
153.210.660 and Table 152.10, respectively in the City's Municipal Code;
and
Resolution 2014-001
SP 13-01 and PM-1423
February 26, 2014
Page 2
(c) That a duly noticed public hearing was held on said
Applications by the City Council, and based upon evidence presented
including applicable staff reports for the Specific Plan and Tentative
Parcel Map and each member of the City Council being familiar with the
properties, it was determined that the facts as required by the Baldwin
Park Municipal Code for the granting of such Applications are present and
that the City Council should approve the Specific Plan and the Tentative
Parcel Map; and
(d) An Initial Study was prepared for the proposed Project in
accordance with the provisions of the California Environmental Quality Act
(CEQA), as amended, and the CEQA Guidelines. The City, as the Lead
Agency, has determined, on the basis of the Initial Study, that the
proposed Project will not have a significant impact on the environment.
Based upon the findings of the Initial Study, Rincon Consultants on behalf
of the Lead Agency (City of Baldwin Park) has prepared a Mitigated
Negative Declaration, with regard to the proposed Project; and
(e) The Initial Study and Mitigated Negative Declaration were
made available to the public for review and comment between December
10, 2013 and January 8, 2014 as required by law; and
(f) A properly noticed public hearing was held by the City
Council of the City of Baldwin Park on February 5, 2014, at which time
evidence was heard on the Initial Study and Mitigated Negative
Declaration; and
(g) On February 5, 2014, the City Council voted to continue the
item to February 19, 2014; and
SECTION 2. The City Council, based upon its public review, approves the
proposed Mitigated Negative Declaration, since there is no substantial evidence that the
proposed project will have a significant impact on the environment.
SECTION 3. The City Council does hereby adopt the Findings of Fact
applicable to Specific Plans:
(a) The specific plan is consistent with and provides for the
orderly, systematic and specific implementation of the General Plan.
The specific plan is consistent and will provide for the orderly,
systematic and specific implementation of the General Plan, in that
the specific plan is for a specific, transit-oriented, mixed use,
affordable housing development with 70 dwelling units and 5,920
s.f. of commercial/retail space. The specific plan is located within
Resolution 2014-001
SP 13-01 and PM-1423
February 26, 2014
Page 3
the Downtown Area noted in Goal 8.0 of the Land Use Element of
the General Plan which seeks to establish a pedestrian "core" for
the Downtown Area. Additionally, Policy 8.1 encourages the City to
provide a mix of commercial and multi-family residential uses to
create 24-hour activity in the Downtown, which is exactly what the
Specific Plan facilitates to create for these properties.
(b) The land use and development regulations within the
specific plan are comparable in breadth and depth to regulations
contained in this chapter.
The proposed development standards contained in the specific
plan do vary some from the development standards contained in
the City's Municipal Code; however, as shown in Table #3, all of
the development standards are met to a certain extent, however
the most significant reduction is in the number of on-site parking
stalls required. A reduction in the development standards for on-
site parking is justified in that the project proposal is transit-oriented
given its close proximity and walking distance to the Baldwin Park
Metrolink Rail Station, the MTA rapid bus route along Ramona
Boulevard, which feeds into the El Monte Bus Station, as well as
Foothill Transit bus routes which serve the San Gabriel Valley.
Transit-oriented development typically requires fewer parking than
regular development due to its location near transit hubs and
proximity to goods and services. This reduces the likelihood that
residents to have two automobiles per unit and instead residents
will rely on public transit and other alternative modes of
transportation.
(c) The specific plan will not adversely affect the public health
and safety or result in incompatible land uses.
This specific plan is consistent with Goal 8.0 of the Land Use
Element of the General plan which seeks to establish a pedestrian
'Core' for the Downtown as noted with the transit-oriented, mixed
use development including 70 multi-family residential units and the
5,920 s.f. of commercial/retail space. The specific plan is also
consistent with Policy 8.1 which is to provide for a mix of
commercial and multi-family residential uses...and allows mixed
use development to consist of vertical integration of commercial
and residential uses as shown on the plans attached as an exhibit
to the Specific Plan.
(d) The specific plan provides the framework to phase and pace
growth within the specific plan area so as to ensure completion of all necessary
Resolution 2014-001
SP 13-01 and PM-1423
February 26, 2014
Page 4
public facilities concurrently with completion of development entailed in the
specific plan.
The specific plan is not phased. It is anticipated that the
Developer, ROEM Development Corporation, will construct the
transit-oriented, mixed use development project with 70 dwelling
units, exterior and interior residential open space, and 5,920 s.f. of
retail commercial space in one phase. Development of the
proposed project will comply with the development standards and
design guidelines contained within the specific plan.
(e) The specific plan identifies adequate financing mechanisms
for the infrastructure and public facilities required to support the development.
The Applicant shall be required to provide all infrastructure as
required by the City and any outside utility companies to the project
site as part of not only the Specific Plan, but also the tentative
Parcel Map (PM-1423). There are no financing mechanisms noted
in the specific plan and financing of the infrastructure and the
overall development of the transit-oriented mixed use development
will be completely borne by the Developer. However, this project is
partly subsidized by the City with a contribution of land and federal
funds for low income family with additional funding from state tax
credits. As such, the City has reviewed and vetted a financial pro-
forma to guaranty the financing mechanism enabling this project.
SECTION 4. The City Council does hereby adopt the Findings of Fact
applicable to Tentative Parcel Maps:
(a) Adequate systems designed, and constructed to provide all
necessary utilities to each lot proposed to be created, including, but not
limited to, facilities for water, natural gas, electricity, cable television and
telecommunications telephone services.
Requests for comments/conditions on the proposed parcel map
were sent to the following outside entities as indicated in Table #5
in the staff report on December 3, 2013. The following entities
responded: Los Angeles County Sanitation District, Los Angeles
County Fire Department, and Valley County Water District.
Comments and conditions from the responding agencies have
been addressed in the findings and are included, as applicable, as
conditions of approval of the tentative parcel map. Additionally,
staff includes a general condition of approval that any and all
conditions from outside agencies and utility companies shall be met
Resolution 2014-001
SP 13-01 and PM-1423
February 26, 2014
Page 5
or provided for prior to finalizing the tentative parcel map.
Accordingly, the proposed project, with the recommended
conditions of approval from the various utility companies, would
have all necessary utilities.
(b) An adequate domestic water distribution system designed
and constructed to service each lot proposed to be created.
As shown in the Table #5 in the Staff Report, the property is
serviced by Valley County Water District (Attachment #8). They
indicate that the proposed project will be connected through new
water service to the parcels. The Public Works Department has
also indicated that each parcel is required to have separate water
service. As a result, the proposed parcels would be serviced by an
adequate domestic water distribution system approved by the Fire
Department. As conditioned, the proposed parcels would be
serviced by an adequate domestic water distribution system.
(c) An adequate sewage system designed and constructed to
serve each lot proposed to be created.
The Sanitation District of Los Angeles County (District) has issued
a letter which is summarized as follows: (1) wastewater flow will
discharge into a local sewer line not maintained by the District; (2)
generated wastewater is treated at the San Jose Creek Water
Reclamation Plant and if at capacity is diverted and treated at the
Joint water Pollution Control Plant in Carson; (3) the expected
increase in average wastewater flow will be approximately 11,812
gallons per day; and (4) a connection fee shall be paid as
determined by the District (Attachment #9).
The Public Works Department has indicated that the existing sewer
system is adequate, provided that the Applicant provide a separate
and independent connection to the main sewer line for each
property. Therefore, staff has included a condition of approval that
the project comply with all conditions of approval of the Public
Works Department which includes a condition that there be
separate sewage connections to the proposed parcels.
(d) An adequate storm water drainage system designed and
constructed to serve each lot proposed to be created.
Pursuant to the Public Works Department's comments (Attachment
#7), the Applicant will not be required to provide off-site
improvements relating to storm water drainage dependent upon
Resolution 2014-001
SP 13-01 and PM-1423
February 26, 2014
Page 6
review and approval of a submitted grading plan for the properties.
However, any proposed construction will be subject to the City's
Development Impact Fee, Flood Control. Provided that the
Applicant meets the conditions of approval and the grading plan is
approved, there should be adequate storm water drainage for each
lot.
(e) An adequate public and/or private street and/or alley system
designed and constructed to serve each lot proposed to be created.
The City's Public Works Department has determined that there is
an adequate public street system to serve each lot. However,
certain conditions of approval are required that relate to the public
right-of-way and include construction of drive approaches to each
property which meet ADA requirements, ADA compliant wheel
chair ramp, installation of street trees, and replacement/
reconstruction of any damaged public right-of-way or street
improvements during the construction process in accordance with
the City's current standards.
(f) An adequate traffic regulatory system, including necessary
traffic signals, signs, pavement markings and stripings.
The City's Public Works Department has concluded the current
conditions provide for an adequate traffic regulatory system,
however, specific improvements are required to the public right-of-
way including street tree planting, new parkway irrigation and
landscaping, ADA compliant wheel chair ramp, new drive approach
construction for each property and replacement/reconstruction of
any damaged existing improvements as a result of the new
construction.
(g) The undergrounding of utilities pursuant to Chapter 97, part
2 (Underground Utility Districts) of the Municipal Code.
As part of a condition of approval from the Public Work's
Department and pursuant to Chapter 97 of the City's Municipal
Code all utilities shall be undergrounded to each of the properties.
This requirement is also addressed as part of the overall plan
check requirements for not only review of the final map, but also
the proposed construction of the transit-oriented, mixed use
development.
(h) Any and all other improvements found necessary by the City
to provide all services to each lot proposed to be created.
Resolution 2014-001
SP 13-01 and PM-1423
February 26, 2014
Page 7
Staff is of the opinion that provided that the Applicant obtains
approval by the City Council on the Parcel Map and the related
Specific Plan and meets and or exceeds the conditions of approval
the lot(s) would have adequate service and could be subdivided
consistent with the City's codes.
(i) In addition to the improvements as required by the City's
Municipal Code and Departments, there are also design requirements for
the proposed tentative parcel map that need to be met. Pursuant to
Section 152.12 of the City's Municipal Code, the design of the subdivision
shall conform to the requirements of this Chapter 152, any and all design
requirements set forth in the General Plan, the design and development
standards established for the associated zoning district per the Zoning
Code, the applicable design guidelines set forth in the Design Guidelines
Manual, generally accepted engineering standards, and to such standards
required by the City, including, but not limited to, plans for grading and
erosion control.
The Planning Division has reviewed the proposed subdivision and
in conjunction with the proposed Specific Plan, the proposed lots
each meet the minimum development standards contained within
the Municipal (Zoning) Code, including, minimum lot size, lot depth,
and lot width, in addition to those conditions and development
standards contained in the Specific Plan. As a condition of
approval, any existing structures located on the property shall be
demolished or brought into conformance with the current Zoning
Code and/or adopted specific plan standards prior to the parcel
map being finalized.
Additionally the tentative parcel map is consistent with Goal 2.0 of
the Land Use Element of the General Plan which states
"accommodate new development that is compatible with and
compliments existing conforming land uses" as the proposed
parcels meet the existing development standards contained in the
Code.
Any future development on the subject properties will be subject to
the Specific Plan, SP 13-01, provided it is adopted by the City
Council, otherwise, any future development will be subject to the
current density for the respective zoning designation, development
standards, design guidelines, and processes at the time of
submittal.
Resolution 2014-001
SP 13-01 and PM-1423
February 26, 2014
Page 8
The Public Works Department, as part of their comments, has
included a requirement for the Applicant to submit plans relating to
grading and erosion control for review and approval.
SECTION 5. The City Council does hereby adopt the Conditions of
approval applicable to Tentative Parcel Maps:
(a) The subject property shall be subdivided and maintained in
substantial compliance with Exhibit 'A' dated January 22, 2014; and
(b) Decorative block walls with cap shall be installed around the
perimeter of each property and installed in accordance with the adopted
Specific Plan 13-01. Any fences and/or walls shall be subject to the
development standards contained in the Specific Plan relating to material,
maximum allowable height and yard setback. Proposed wall material
shall be subject to review and approval by the Planning Division; and
(c) Should any existing trees on the property that are
designated as a Mature Tree in accordance with the City's Tree
Ordinance be removed, a tree removal application shall be submitted to
the City's Tree Department (Planning Division) for review and approval
prior to any said removal; and
(d) Any proposed structures shall be developed in compliance
with the current development standards and design guidelines contained
within the adopted Specific Plan 13-01; and
(e) The parcel map may be subject to the following
Development Impact Fees, as required:
Public Art
Flood Control
Traffic Impact
Parkland In-Lieu
(f) The Applicant shall comply with all comments and conditions
of approval as determined by the City's Public Works Department as
shown on Attachment #7; and
(g) The Applicant shall comply with all comments and conditions
of approval as determined by the Valley County Water District, the water
purveyor for the subject project, as shown on Attachment #8; and
Resolution 2014-001
SP 13-01 and PM-1423
February 26, 2014
Page 9
(h) The Applicant shall comply with all comments and conditions
of approval as determined by the Los Angeles County Sanitation District
as shown on Attachment #9; and
(i) The Applicant shall comply with all comments and conditions
of approval as determined by the Los Angeles County Fire Department,
as shown on Attachment #10; and
0) In accordance with the requirements of the Public Works
Department, the Applicant shall provide separate and independent water
and sanitary sewer service to each property; and
(k) Pursuant to Chapter 97, Part 2 of the City's Municipal Code,
all utilities shall be undergrounded to each of the parcels; and
(I) The Applicant shall disclose to each individual on all rental
agreements that the respective unit may be adjacent to, or nearby the City
of Baldwin Park's Police Station; and
(m) That the Applicant shall install or cause to be installed
individual, independent service to each separate property for any and all
utility companies that provide service to said properties, including but not
limited to Valley County Water District, Southern California Edison, The
Gas Company, Verizon Telephone, and Time Warner Cable; and
(n) The Final Map shall comply with the time frames as
contained within the California Subdivision Map Act; and
(o) The Applicant shall sign and have notarized an affidavit
within ten (10) 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 City Planner and the Applicant.
PASSED AND APPROVED this 26th day of Feb , 2014.
AO
MA! UEL Lr• NO, MAYOR
BALDWIN PARK CITY COUNCIL
Resolution 2014-001
SP 13-01 and PM-1423
February 26, 2014
Page 10
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS.
CITY OF BALDWIN PARK )
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify
that the foregoing Resolution 2014-001 was duly and regularly approved and adopted
by the City Council at a regular meeting thereof, held on the 26th day of February, 2014
by the following vote:
Cruz Baca, Monica Garcia, Mayor Manuel Lozano
AYES: COUNCILMEMBERS: Mayor Pro Tem Ricardo Pacheco, Susan Rubio
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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ALEJ N AVILA, CITY CLERK