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HomeMy WebLinkAbout2013 041 CC RESO RESOLUTION NO. 2013 - 041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND DENYING A CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY WITHIN THE R-1, SINGLE- FAMILY RESIDENTIAL ZONE PURSUANT TO TABLE 153.050.020 IN THE CITY'S MUNICIPAL CODE (LOCATION: 3562 VINELAND AVENUE; APPLICANT: JOE M. LOPEZ, REPRESENTING EASTERN KEYSTONE, INC.; CASE NUMBER: CP-801). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: (a) An application ("Application") for a conditional use permit was submitted on behalf of the owner of certain real property, located at 3562-3572 Vineland Avenue in the City of Baldwin Park, described more particularly in the Application on file with the City Planner; and (b) The Application was sought to approve a conditional use permit to allow a residential care facility within the R-1, Single-Family Residential Zone pursuant to Table 153.050.020 in the City's Municipal Code; and (c) A duly noticed public hearing was held on said Application by the Planning Commission October 23 2013. Prior to the opening of the continued public hearing on October 23, 2013, and consistent with prior Commission public hearings, Chairman Muse recused himself because of the proximity of his residence to the Project. A Motion to deny the Project was not passed because of a 2-2-0 lack of majority vote. A subsequent vote to pass the Project was similarly tied and did not pass. A completed appeal of the Planning Commission's lack of majority was received prior to the November 4, 2013 deadline; and (d) A duly noticed public hearing was held on said Application by the City Council of December 18, 2013. The City Council, after reviewing the Staff Report, Administrative Record, and considering oral evidence during said public hearing, instructed Staff to investigate certain complaints made at the public hearing, including, but not limited to traffic and proximity to schools; and (e) Staff has reexamined this Project, including contracting with Infrastructure Engineers for a Traffic Study completed by Raymond R. Abassi, P.E., T.E., Consultant Traffic Engineer, dated April 29, 2014; and (f) At a duly noticed Regular Meeting of the City Council, the City Council reviewed the Staff Report, Administrative Record, and considered oral Resolution No. 2013-041 May 21, 2014 Page 2 evidence provided at the December 18, 2013 public hearing and has after a full discussion reviewed the Resolution of Denial (Resolution No. 2013-041) of the Application; and (g) Each fact set forth in the staff report dated May 21, 2014 from Marc Castagnola, AICP, Community Development Manager to the Mayor and City Council ("Staff Report") is true and correct. SECTION 2. The City Council does hereby adopt the following Findings of Fact applicable to all conditional use permits: (a) Conditionally permitted. The use is conditionally permitted within the subject zone if it complies with the intent of all applicable provisions of this chapter for a residential care facility in the Single-Family Residential Zone through the conditional use permit process. The site is not developed in accordance to all of the applicable development standards in that there are two adjacent parcels and neither parcel alone (85' by 273' separately, conforms to the development standards at Baldwin Park Code Section 153.040.020. Furthermore, the parcels need to be merged pursuant to BPMC Chapter 152, Subdivisions. As such, although conditionally permitted, this Project does not meet the zoning requirements applicable to a Residential Care Facility pursuant to BPMC Section 153.040.020. (b) Zone integrity and character. The use will impair the integrity and the character of the zone in part because the only public entrance is from Stichman Street, a quiet single family neighborhood. Traffic impacts are deemed significant pursuant to the Traffic Study done by Integrated Engineers, along Vineland Avenue and Stichman Street. Stichman Street. The estimated daily trips for Stichman Street due to this project is 74 per day which results in a significant 8.5 percent (8.5%) increase in traffic. Under the Peak Hour of Generator basis increases are six (6) during the morning and ten (10) in the evening. Pursuant to the ITE Guidelines utilized for this use, any increase in traffic during peak hours of five or more is considered significant. This increase in traffic will significantly impact the character of this single family residential neighborhood given the percentage increase in trips, the total number of trips, and the peak hour trip generator calculation. This increase in traffic does not account for emergency vehicles and service vehicles that must service this senior citizen facility on a daily basis. Vineland Avenue. The heavily traveled Avenue, Vineland, with 6262 daily trips will be impacted by the project in that access to Stichman Street will come from Vineland. An increase of 74 trips per day is calculated to increase traffic by 1.4% which is significant impact on this already heavily traveled Vineland Avenue. The proximity of three schools, which will be discussed below, within i/2 mile of the project will further impact traffic. Also, existing traffic volumes from the nearby freeway will also impact Vineland Avenue and the surrounding streets Resolution No. 2013 -041 May 21, 2014 Page 3 which in turn impacts traffic on Stichman Street. In conclusion, the zone integrity and character would be negatively and significantly impacted by the project given the increased traffic on Stichmand and Vineland; and (c) Site suitability. The subject site is not physically suitable for the type of land being proposed in that the size of the combined properties is approximately 46,609 square-feet of lot area and 170' of street frontage along both Vineland Avenue and Stichman Street. Lot coverage is 28% and there is approximately 13,000 s.f. of landscaped area which is 30% of the site. As described above the two parcels must be merged otherwise the development standards as a matter of law are not met. The development standards stated above is only served by one main entrance on Stichman which impacts Stichman Street, Clydewood Street and Cloverside Street. Stichman is only a 38' wide local north-south street providing one lane of travel in each direction with parking allowed on either side which would not accommodate emergency vehicles required for such a facility. The significant increase in traffic described above does not account for emergency vehicles that must service this senior citizen facility. Furthermore, Stichman Street ends in a cul-de-sac which adds to the impacts on surrounding narrow streets and endangers residents, especially children in the surrounding single family homes. This site is not adequate, in short, because the design places the main entrance on the quiet single family neighborhood of Stichman Avenue. The result is that this design is flawed and would increase traffic volume along Stichman and Vineland and create significant traffic along feeder streets of Clydewood Street and Cloverside Street. For this reason the site is not suitable for the proposed use. The location of three large public schools, described below, (d), in proximity to the project also makes the site unsuitable. (d) Existing compatibility. The use is incompatible with the adjacent school land uses in that three large public schools are located within 1/2 mile of the property site: Vineland Elementary School, Jones Junior High School and Foster Elementary School. Major accesses and traffic flows to and from these schools are from Vineland Avenue. Also, existing traffic volumes from the nearby freeway will also impact Vineland Avenue which feeds into Stichman Avenue in order to enter the project. Many motorist utilize Vineland Avenue as a commuter route for their daily travels and any additional generation of traffic volumes, specifically 74, will impact Vineland Avenue during peak travel flow hours. Furthermore, the proposed use would create an overconcentration of such residential homes as another residential project is a short distance at 3454-3468 Vineland Ave. This facility is similar in size in that it is a 29 bed facility on 51, 895 square feet of property. The cumulative significant effect of both projects on Vineland will be doubled by the proposed use. (e) Future compatibility. The use will not be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located in that the above existing incompatibility will only be heightened in traffic volume and would be incompatible with the 2020 General Resolution No. 2013 -041 May 21, 2014 Page 4 Plan because the parcel retains a Single-Family Residential land use designation with adjacent schools and a high level of traffic on Vineland Avenue and Stichman Avenue. It is anticipated that traffic on these streets will increase by 8.5% and 1.4%, respectively, which would only exacerbate existing traffic significant impacts. The increase in ambulance and other emergency vehicles will cause a significant increase in the ambient noise levels. The BPMC sets the level for noise in a single family residential neighborhood at 45-50 dB. Even on the more traveled Vineland the ambient noise level is set at 60 dB. The ambient noise level of emergency vehicles is estimated at 115dB. This more than doubles the noise permitted by Code. The 1/2 mile proximity to three schools would be significantly impacted by the ambient noise emergency vehicles and service trucks coming to the proposed use and the already existing residential care facility on Vineland. Furthermore, the ambient noise level at the entrance to the project which is where the nineteen parking spaces are located will exceed (in addition to the emergency vehicles) the 45-50dB limit for a single family residential neighborhood; and (f) Utilities and services. Although adequate provisions for water, sewer and public utilities are available to the site and have existed for numerous years, services may be detrimentally harmful in that fire and ambulance services are hampered by the only entrance to the project on Stichman as discussed above. Therefore the proposed use will be detrimental to public health and safety in that the proposed use of the property as a residential care facility does not provide adequate entrance along the narrow Stichman Avenue and adjacent streets Clydewood Street and Cloverside Street for emergency vehicles. Large service vehicles providing goods, such as food and supplies will utilize the service entrance on Vineland Avenue and will add to the traffic level and noise level impacting the nearby schools. Since Stichman ends in a cul de sac, emergency vehicles will not have a direct route to and turn around radius for rapid responses to fire or medical emergencies. (g) Public access. Adequate provisions for public access are not available to serve the use in that the site does not have sufficient access to streets and highways adequate in width and pavement to carry the quantity of traffic generated by the proposed use. The properties are through properties, meaning that they have street frontage along both Vineland Avenue and Stichman Street. However, primary access to the facility will be from Stichman Street. The project has assigned nineteen parking spaces. There are ten employees and since this is an ambulatory residential facility, it is anticipated that residents will have automobiles. This will not provide sufficient access and parking for visitors and service vehicles, hence creating another significant impact to Stichman Street. The Francisquito Avenue off-ramp from the westbound 1-10, San Bernardino Freeway feeds directly into Vineland Avenue and many motorists utilize Vineland Avenue as a commuter route to other areas in the central, east portion of the City, and in particular Stichman. The additional traffic volumes, Resolution No. 2013 -041 May 21, 2014 Page 5 discussed above, will severely impact Vineland Avenue and Stichman during the peak evening and morning travel flow hours which would hamper further public access to the project, The project will therefore not provide an adequate public access and creates a harmful and significant affect. (h) General Plan consistency. The use is inconsistent with the General Plan's Circulation Element (C-1) and the Public Safety Element (PS-1). With respect to the Circulation Element, the increased traffic on Vineland Avenue and Stichman Street are contrary to Goal 1.0 (C-4) in that the Project does not provide a street and highway system that provides capacity to ensure acceptable traffic flow.as described in subsections (c), (d) and (g), above, especially with respect to the Stichman cul-de-sac. With respect to the Public Safety Element, the inadequate entrance to the site and narrow street (Stichman) do not provide for "ensuring public safety . . . and the risk of personal injury" as described in subsections (c), (f), (g) and (0; and (i) Safety and welfare. The project is detrimental to the public interest, health, safety, convenience or welfare in that the proposed increase in the traffic, generated by the use of an ambulatory residential care facility will have an impact upon the surrounding residential neighborhood. Along with the increase in traffic along Vineland and the 8.5% percent increase along Stichman, the threat to public safety and hazards increase. First, the proximity to three major schools presents a danger to school children exposed to the increase of emergency vehicles and traffic. Second, the impact to the single residential homes on Stichman will also expose families and children to similar dangers. Over concentration of residential facilities with another residential project located on Vineland does not serve the general welfare of the City because of the cumulative significant effects of both facilities. The ambient noise level of 115dB for emergency vehicles is detrimental to the school children along Vineland and the single family residents along Stichman. Finally, this project is detrimental to the safety and welfare of the City because of a fundamental design flaw. The main entrance to the project is on Stichman Street which is not suitable because of its limited size (38'), insufficient parking spaces, access to emergency vehicles, significant increase in noise and traffic, and single family character of the neighborhood which ends in a cul de sac. All of these threats to the safety and welfare are factually supported by the Staff Report, oral testimony, and the cited Traffic Study. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Applicant. PASSED, APPROVED AND ADOPT I,this 21st day of May, 2014. MANU LOZANO MAY( 2 • Resolution No, 2013 -041 May 21, 2014 Page 6 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 No. 2013-041 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on May 21, 2014 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS; Cruz Baca, Monica Garcia, Mayor Manuel Lozano Mayor Pro Tem Ricardo Pacheco, Susan Rubio NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ' ALEJ" i " AV LA CITY CLERK