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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 Resolution 2015-048 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. Resolution 2015-048 Page 4 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 Page 5 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 Resolution 2015-048 Page 6 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 Resolution 2015-048 Page 7 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 Resolution 2015-048 Page 8 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 Resolution 2015-048 Page 9 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