Loading...
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: 1%<-"-t kfr) ALEJ N AVILA, CITY CLERK