HomeMy WebLinkAbout2016 159 CC RESO (2) RESOLUTION 2016-159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING THE FINDINGS OF FACT
AND APPROVE A GENERAL PLAN LAND USE MAP
AMENDMENT, A TENTATIVE TRACT MAP, AND A
SPECIFIC PLAN TO SUBDIVIDE FOUR LOTS INTO
FORTY-EIGHT FOR A 47-UNIT DETACHED GATED
CONDOMINIUM PROJECT AND ONE COMMON LOT
WITHIN THE R-G (RESIDENTIAL GARDEN) AND MU-2
(MIXED USE 2) ZONES (LOCATION: 14837-14839
PACIFIC AVENUE; ASSESSOR'S PARCEL NUMBERS:
8438-015-037, -043, -047, -059, -065 THROUGH -103, -
060, -061, -062, -105; APPLICANT: CAL 33 PARTNERS,
LLC; CASE NUMBERS: AGP-118, Z-555, TM-73354, AND
SP 16-01).
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 General Plar<
Amendment (AGP-118), Specific Plan (SP 16-01), and Tentative Tract
Map (TM-73354) were submitted on behalf of the owner of certain real
property, identified by Los Angeles County Assessor's Parcel Numbers:
8438-015-037, -043, -047, -059, -065 THROUGH -103, -060, -061, -062, -
105, 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
General Plan Amendment (AGP-118) to change the land use designation
from Garden Multi-Family Residential or Mixed Use to Multi-Family
Residential (Section 153.210 Part 16); (2) a Specific Plan (SP 16-01) for
the development of forty-seven (47) detached condominiums (Section
153.110); and (3) a tentative tract map to subdivide four (4) lots into forty-
eight (48) properties for a 47-unit detached condominium project with one
(1) common lot (Table 152.10 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 General Plan Amendment, Zone
Change, Specific Plan and Tentative Tract 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
Resolution 2016-159
Page 2
such Applications are present and that the City Council should approve
the General Plan Amendment, Specific Plan, and the Tentative Tract
Map; and
SECTION 2. The City Council does hereby adopt the following Findings of Fact
applicable to all General Plan Amendments:
a) The amendment is consistent with the goals, policies and
objectives of the General Plan. The general plan amendment would be
consistent with the goals, policies and objectives of the General Plan in
that it would allow for a change of the residential land use density of the
major project site for a higher density as well as changing the land use
designations for the remainder project properties so as not to create a
'spot zoning' issue. Specifically, the general plan amendment, which
consists of changing the land use designation from Garden Multi-Family
Residential or Mixed Use to Multi-Family Residential, would satisfy Goal
2.0 of the Land Use Element which states that the City should
accommodate new development that is compatible with and complements
existing conforming land uses; and
b) The amendment will not adversely affect surrounding
properties. The general plan amendment would place a vacant property
into a specific plan overlay district in order to develop the property as a •
part of a comprehensive plan for a forty-seven (47) unit detached
condominium development. The development of this vacant property
would complement and enhance adjacent residential and commercial
areas; and
c) The amendment promotes public health, safety and general
welfare. The general plan amendment would promote the public health,
safety and general welfare of adjacent development and the City as a
whole because it would provide for the development of a property that is
currently vacant. The general plan amendment would further the goal to
improve the area with a detached condominium development that
increases the city's housing stock and would enhance the areas and
properties around the site; and
d) The amendment serves the goals and purposes of the
zoning code. The general plan amendment in conjunction with a zone
change serves the goals and purposes of the zoning code in that it
provides for the orderly development of a new detached condominium
community on an area that is currently vacant. For consistency between
general plan land use and zoning, the general plan amendment would
allow for the zone to be changed to allow High Density Residential and the
Specific Plan Overlay, which would result in the proposed development.
Policy 3.3 of the Housing Element encourages consistency between the
Resolution 2016-159
Page 3
general plan land use designation and zoning classification.
SECTION 3. The City Council does hereby adopt the Findings of Fact applicable
to all 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 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 47
detached dwelling units. The specific plan is located within an area that
includes residential and commercial properties. The site is currently
vacant. Goal 3.0 of the General Plan Land Use Element calls for the
revitalization of deteriorating land uses and properties; and
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 the Multi-Family
Residential (R3) Zone 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; and
c) The specific plan will not adversely affect the public health
and safety or result in incompatible land uses. This specific plan allows
for the comprehensive development of a forty-seven (47) unit single-
family, detached gated condominium development. The specific plan
covers a 3.17 acre site that is located on a prominent intersection within
the City. Currently the site is vacant 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, would enhance adjacent residential and commercial
properties; and
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, Cal 33 Partners, LLC will construct the 47
unit single-family detached condominium project in one phase.
Development of the proposed project will comply with the development
standards and design guidelines contained within the specific plan; and
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
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as part of not only the Specific Plan, but also the tentative tract map (TM-
73354). 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.
Requests for comments/conditions on the proposed tract map were sent
to outside entities as indicated in the staff report on February 3, 2016. The
following agencies responded: Los Angeles County Sanitation District and
Los Angeles County Fire Department.
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 tract map. Additionally, staff includes a general
condition of approval that any and all conditions and requirements from
outside agencies and utility companies shall be met or provided for prior
to finalizing the tentative tract 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.
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.
The Sanitation District of Los Angeles County (District) has issued a letter
which is summarized as follows: (1) wastewater flow will discharge into a
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local sewer line not maintained by the District; (2) generated wastewater is
treated at the San Jose Creek Water Reclamation Plant or the Whittier
Narrows Water Reclamation Plant; (3) the expected increase in average
wastewater flow will be approximately 12,220 gallons per day (260 gallons
per new dwelling unit); and (4) a connection fee shall be paid as
determined by the Sanitation District (Attachment#9).
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 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 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.
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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, not only to the site, but to
each individual property. 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 any new dwelling units.
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 general plan
amendment, zone change, 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 tract 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 in
conjunction with the proposed specific plan 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. 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.
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Any future development on the subject properties will be subject to the
Specific Plan SP 16-01, 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 November 9, 2016;
and
b) Covenants, conditions, and restrictions (CC&R's) and a
Homeowner's Association (HOA) (or equivalent) as approved by the
California Department of Real Estate shall be incorporated into the
development. CC&R's shall be subject to review and approval by the City
Attorney's Office at the expense of the Applicant; and
c) Language shall be included in the CC&R's which prohibit
property owners and/or the HOA from purposely damaging and/or
removing trees from private property without the City's (Tree Officer)
written approval; and
d) Language shall be included in the CC&R's that prohibit
bright floor light fixture placement along the street side elevations of the
dwelling units; and
e) The Homeowner's Association (HOA) or equivalent, or the
CC&R's shall be responsible for the following:
i. On-going maintenance and upkeep of any trees in accordance with
the City's Standards on private property within the front yard and
street side yard areas between the public right-of-way and the
structures; and
ii. On-going maintenance and upkeep of any landscaping
within the front yard and street side yard areas on private
property between the public right-of-way and the structures
or private common areas and the structures; and
f) Any fences and/or walls shall be subject to the development
standards contained in the specific plan relating to material, maximum
Resolution 2016-159
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allowable height and yard setback. Proposed wall material shall be
decorative and subject to review and approval bythe PlanningDivision;
pp
and
g) 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
h) Any proposed structures shall be developed in compliance
with the current development standards and design guidelines contained
within the adopted Specific Plan 16-01; and
i) 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
j) Any and all landscaping shall be developed in compliance
with the current development standards and design guidelines contained
within the adopted Specific Plan 16-01; and
k) 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
i. Public Art
ii. Flood Control
iii. Traffic Congestion
iv. Parkland In-Lieu (Quimby)
v. General Plan/Technology
vi. School Impact Mitigation
vii. Law Enforcement Mitigation
m) 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
n) 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
o) The Applicant shall comply with all comments and conditions
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of approval as determined by the Los Angeles County Sanitation District
shown on Attachment #9; and
p) 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
q) Utilities shall be undergrounded, pursuant to Chapter 97,
Part 2 of the City's Municipal Code; and
r) 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, Frontier Communications Telephone, and Time Warner Cable;
and
s) The Final Map shall comply with the time frames as
contained within the California Subdivision Map Act; and
t) That except for all ongoing conditions of approval, the
applicant shall comply with all conditions of approval within six (6) months
of the effective date of this Resolution shall become null and void and
subject to revocation pending a hearing by the Planning Commission or
the City Council on appeal. Any costs associated with the revocation of
these entitlements shall be paid by the applicant and/or owner; and
u) 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 7th day of December, 2016.
0,1
MANUEL LOZANO
MAYOR
Resolution 2016-159
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 2016-159 was duly and regularly approved and adopted
by the City Council at a regular meeting thereof, held on the 7th day of December, 2016
by the following vote:
AYES: COUNCILMEMBERS: Baca, Garcia, Lozano, Rubio
NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: Pacheco
ABSENT: COUNCILMEMBERS: None
ALEJAND A AVILA
CITY CLERK
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