HomeMy WebLinkAbout2015 048 CC RESO RESOLUTION 2015-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING THE FINDINGS OF FACT
AND APPROVING A SPECIFIC PLAN AMENDMENT AND
TENTATIVE TRACT MAP TO CONSOLIDATE TWELVE
LOTS OR PORTIONS THEREOF INTO NO MORE THAN
TWO LOTS FOR A DETACHED 51-UNIT DETACHED
DWELLING UNIT RESIDENTIAL CONDOMINIUM
SUBDIVISION AND WIRELESS COMMUNICATIONS
FACILITY WITHIN THE R-1 (SINGLE-FAMILY
RESIDENTIAL) AND MU-2 (MIXED USE 2) ZONES
(LOCATION: ASSESSOR'S PARCEL NUMBERS: 8552-
017-004, 8552-017-068, 069, 070, 071, 072, 073, 074, 075,
076, 077, AND 078; APPLICANT: KLL INVESTMENTS,
LLC; CASE NUMBERS: Z-554, SP 14-01 AND TM-72195)."
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
Amendment (SP 14-01) and Tentative Tract Map (TM-72195) were
submitted on behalf of the owner of certain real property, identified by Los
Angeles County Assessor's Parcel Numbers: 8552-017-004, 8552-017-
068, 069, 070, 071, 072, 073, 074, 075, 076, 077, and 078 , 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) an
amendment to an existing Specific Plan (SP06-01) which will facilitate the
development of a fifty-one unit single-family detached gated condominium
project including the relocation of two wireless communications facilities
and (2) a tentative tract map to consolidate twelve parcels or portions
thereof into one lot of land for a fifty-one dwelling unit residential
condominium subdivision and one lot for a wireless communications
facility within the R-1, (Single-Family Residential) and MU-2 (Mixed Use 2)
zones pursuant to Subchapter 153.210.660 and Table 152.10,
respectively in the City's Municipal Code; and
(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 Amendment and
Tentative Tract Map and each member of the City Council being familiar
Resolution 2015-048
Page 2
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 Tract Map; and
SECTION 2. 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 amendment is consistent with the goals, policies and
objectives of the General Plan, in that it provides for the orderly
development of a specific detached condominium housing development
with up to a maximum of 51 detached dwelling units along with the
relocation of two existing wireless communications facilities on the site to
one mono-eucalyptus tree structure. The specific plan is located within an
area that includes residential and commercial properties. The site is
currently vacant (with the exception of the wireless communication
facilities) and existing structures are in a state of disrepair. Goal 3.0 of the
General Plan Land Use Element calls for the revitalization of deteriorating
land uses and properties. Additionally, Policy 1.2 of the Housing Element
encourages the rehabilitation and removal of substandard housing which
would occur with development of the proposed specific plan amendment.
b) The land use and development regulations within the
specific plan are comparable in breadth to regulations contained in this
chapter.
The development regulations outlined within the specific plan amendment
are consistent with the purpose and intent of both the Single Family
Residential (R-1) and Mixed Use 2 (MU-2) Zones in that they allow for the
development of a single family detached condominium project (including
private yards, garages, and common amenities) that provides a traditional
single-family detached housing community at higher density. The
relocation and consolidation of two wireless communications facilities onto
one stealth mono-eucalyptus structure maintains wireless service in a
contained and aesthetically acceptable manner. All regulations outlined in
the specific plan are consistently formatted with other existing zoning code
regulations for ease of reference.
c) The specific plan will not adversely affect the public health
and safety or result in incompatible land uses;
This specific plan amendment allows for the comprehensive development
of a fifty-one (51) unit single-family, detached gated condominium project
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Page 3
and relocates existing wireless communications facilities to a single mono-
eucalyptus structure. The specific plan amendment covers a 3.65 acre
site that is located on a prominent intersection within the City. Currently
the site contains several vacant dilapidated structures that are structurally
unsound and an eyesore to the public, resulting in blight within the
property and to those areas surrounding the site. Development of a new
residential community, as proposed in the specific plan amendment,
would enhance adjacent residents and commercial properties.
Additionally, the relocation of two existing wireless communications
facilities to a single mono-eucalyptus structure will provide the existing
area with continued cellular service in an aesthetically appealing and
stealth manner.
d) The specific plan provides the framework to phase and pace
growth within the specific plan area as to ensure completion of all necessary
public facilities concurrently with completion of development entailed in the
specific plan.
The specific plan is not phased. It is anticipated that the developer, KLL
Investment, LLC will construct the 51 unit single-family detached
condominium project and mono-eucalyptus wireless facility in one phase.
Development of the proposed project will comply with the development
standards and design guidelines contained within the specific plan
amendment.
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 Tract Map (TM-72195).
There are no financing mechanisms noted in the specific plan and
financing of the infrastructure and the overall development will be
completely borne by the Developer. Maintenance of all common areas
and gated access will be the responsibility of the homeowners
association, established through the Covenants, Conditions and
Restrictions (CC&Rs) for the project.
SECTION 4. The City Council does hereby adopt the Findings of Fact
applicable to Tentative Tract 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.
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Requests for comments/conditions on the proposed tract map were sent
to outside entities as indicated in the staff report on June 5, 2014. Two
agencies responded. Applicable utility agencies will be required to provide
written notice that they will serve the subject development which, in turn,
must be provided to the City as part of the plan check permitting process.
Accordingly, the proposed project will have all necessary utilities.
b) An adequate domestic water distribution system designed
and constructed to service each lot proposed to be created.
The subject property is serviced by Valley County Water District. The
proposed project will be connected through new water service to the units.
The Public Works Department has also indicated that each unit is
required to have separate water service. As a result, the proposed units
would be serviced by an adequate domestic water distribution system
approved by the Fire Department. As conditioned, the proposed units
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.
Wastewater collection for the City is in the service area of the Los Angeles
County Sanitation District No. 15. Wastewater is treated at the San Jose
Creek Water Reclamation Plant (SJCWRP) or at the Joint Water Pollution
Control Plant in Carson (JWPCP). SJCWRP provides primary, secondary
and tertiary treatment for 100 million gallons of wastewater per day.
JWPCP provides both primary and secondary treatment for approximately
280 million gallons of wastewater per day and has a total permitted
capacity of 400 million gallons per day. Development of the Project would
require development/connection fees that would mitigate impacts to
wastewater treatment facilities. Because the Project is considered to be a
relatively small development, the two wastewater facilities currently has
capacity to serve the Project, and the City, SJCWRP and JWPCP would
review the Project's development plans to determine a fair share fee
contribution to mitigate any impacts.
d) An adequate storm water drainage system designed and
constructed to serve each lot proposed to be created.
Pursuant to the Public Works Department, the Applicant will not be
required to provide off-site improvements relating to storm water drainage
dependent upon 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.
Resolution 2015-048
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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 the project. However, certain
conditions of approval are required that relate to the public right-of-way
and include construction of drive approaches 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. The internal roadway will be gated and
privately owned and maintained by the homeowners association.
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 and
replacement/reconstruction of any damaged existing improvements as a
result of the new construction. These requirements are outlined in
through the Public Works Conditions of Approval. As such, the project will
adequately mitigate any traffic impacts.
g) The undergrounding of utilities pursuant to Chapter 97, part
2 (Underground Utility Districts) of the Municipal Code.
Pursuant to Chapter 97, part 2 of the City's Municipal Code, the Applicant
shall be required to underground the utilities.
h) Any and all other improvements found necessary by the City
to provide all services to each lot proposed to be created.
Staff is of the opinion that, provided that the Applicant obtains approval by
the City Council on the tract map and the related specific plan amendment
and zone change request 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 tract map that need to be met. Pursuant to Section
152.12 of the City's Municipal Code, the design of the subdivision shall
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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 in
conjunction with the proposed specific plan amendment and 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 amendment. 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 amendment standards prior to the tract map being finalized.
Additionally the tentative tract 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 lots meet the existing development standards
contained in the Code.
Any future development on the subject properties will be subject to the
Specific Plan Amendment SP 14-01, 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.
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 Tract Maps:
a) The subject property shall be subdivided and maintained in
substantial compliance with Exhibits 'A' and 'B' dated December 10, 2014;
and
b) 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
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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 14-01; and
e) Applicant shall be subject to any and all Los Angeles County
Clerk Posting Fees for the Notice of Determination, including but not
limited to the California Department of Fish and Game Fees; and
f) Applicant shall finalize the Lot Line Adjustment currently in
process with the City of Baldwin Park, prior to the City Council public
hearing on this item in January 2015; and
g) Any and all landscaping (including trees surrounding the
wireless communications facility) shall be developed in compliance with
the current development standards and design guidelines contained within
the adopted Specific Plan 14-01; and
h) Final landscaping and irrigation plans shall be prepared
pursuant to Subchapter 153.160 of the City's Municipal Code. All
landscaping and irrigation plans shall be subject to review and approval by
the Planning Division; and
i) The tract map and proposed development may be subject to
the following Development Impact Fees, as required:
Public Art
Flood Control
Traffic Impact
Parkland In-Lieu
j) 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
k) The Applicant shall comply with all comments and conditions
of approval as determined by the Los Angeles County Fire Department
shown on Attachment #8; and
I) The Applicant shall comply with all comments and conditions
of approval as determined by the Los Angeles County Sanitation District
shown on Attachment #9; and
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m) 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
n) Utilities shall be undergrounded, pursuant to Chapter 97,
Part 1 of the City's Municipal Code; and
o) The Applicant shall provide additional screening in the form
of landscaping (i.e. trees) within the rear yards of those properties within
the project that are adjacent to the Kenmore Avenue Single-Family
Residences to reduce the visual impact of the project. This screening
shall be maintained by said project property owners, and enforced by the
projects Homeowner's Association. Such language regarding the
landscaping and on-going maintenance shall be included within the
Covenants, Conditions, and Restrictions (CC&R's); and
p) 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
q) The Final Map shall comply with the time frames as
contained within the California Subdivision Map Act; and
r) 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 4th day of March, 2015.
MA E •ZANO
MAYOR
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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 2015-048 was duly and regularly, approved and adopted
by the City Council at a regular meeting thereof, held on the 4" day of March, 2015 by
the following vote:
AYES: COUNCILMEMBERS: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: COUNCILMEMBERS: None.
ABSTAIN: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ALEJAN A ILA, CI CLERK