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HomeMy WebLinkAbout2017 194 CC RESO RESOLUTION 2017-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE TO LANGUAGE CONTAINED IN A SPECIFIC PLAN (SP 08-01 MOD) MODIFYING AND ADDING LANGUAGE IN SECTION 4.1.11 OF SP 08-01 TO ALLOW A RETRACTABLE GATE ALONG THE VEHICULAR ENTRANCE ON FOSTER AVENUE SUBJECT TO DEVELOPMENT STANDARDS (LOCATION: BELLA VITA HOMEONWER'S ASSOCIATION (APN: 8552- 022-116); APPLICANT: PHIL SILVER, REPRESENTING BELLA VITA HOMEOWNER'S ASSOCIATION CASE NO.: SP 08-01 MOD). 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 an application ("Application") for a modification to the existing Specific Plan (SP 08-01) was submitted on behalf of the owner of certain real property, located at 3427-3441 Baldwin Park Blvd. in the City of Baldwin Park (Assessor's Parcel Number 8552-022-116), described more particularly in the Application on file with the City Planner; and (b) That the Application was sought to allow the approval changes in language contained in the specific plan which prohibited a vehicular gate along Foster Avenue; and (c) That a duly noticed public hearing was held on said Application by the City Council, and based upon evidence presented including applicable staff reports and each member of the City Council being familiar with the property, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of such Application are present and that the modifications to the specific plan should be approved subject to the conditions of approval contained herein; and SECTION 2. The modification of the language in the Specific Plan (SP 08-01) regarding the installation of a retractable vehicular gate is Categorically Exempt from the California Environmental Quality Act, pursuant to Article 19, Section 15301, Existing Facilities, no further review is required. SECTION 3. The City Council does hereby adopt the following Findings of Fact applicable to Specific Plans: Resolution 2017-194 July 19, 2017 Page 2 (a) The specific plan is consistent with and provides for the orderly, systematic and specific implementation of the General Plan. The specific plan has already been `built out'. The development as facilitated by the Specific Plan includes fifty-two (52) attached, 3-story, multi-family residential structures, each between 3-4 bedrooms and 3-3.5 bathrooms having between 1,471 and 1,905 square feet of floor area. Each unit has a 2-car attached garage and there are a total of 26 guest parking spaces throughout the complex. Each unit has private open space areas totaling not less than 100 s.f. The units facing Baldwin Park Boulevard have a direct pedestrian-oriented environment through a continuous street-frontage, pedestrian connections and ground-floor design features that provide a visual link to the street and sidewalk. There is one vehicular entrance to the property on Foster Avenue as well as 3 gated pedestrian entrances from both Baldwin park Boulevard and Foster Avenue. The addition of the vehicular gate along Foster Avenue will not have an impact upon the General Plan and will provide the residents with a sense of safety with a more controlled community. (b) The land use and development regulations within the specific plan are comparable in breadth and depth to regulations contained in this chapter. The Development regulations contained in the specific plan have not changed and are comparable to the regulations contained in the City's Zoning Code. The only exception is the addition of language which allows for the placement of a mechanical vehicular gate at the vehicular entrance on Foster Avenue. Said gate is proposed to be setback from the property line approximately twenty (20) feet, which is a consistent with or a deeper setback when compared with other existing vehicular gates to multi-family projects within the surrounding area. (c) The specific plan will not adversely affect the public health and safety or result in incompatible land uses. The deletion of language contained in the specific plan which would enable the installation of a vehicular entry gate at the only vehicular entrance along Foster Avenue would not adversely affect the public health and safety as the proposed vehicular gate has been reviewed and vetted and will be subject to final approval by the Los Angeles County Fire Department prior to obtaining permits from the City. Additionally, installation of the vehicular gate will not result in incompatible land uses as there are several adjacent and nearby properties with vehicular gates which limit ingress and egress to their properties. Resolution 2017-194 July 19, 2017 Page 3 (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 public facilities concurrently with completion of development entailed in the specific plan. As mentioned prior, the Specific Plan is `built out' at this time with fifty-two (52) attached dwelling units, open spaces, and guest parking. All necessary public improvements as required by the City's Public Works Department were installed and completed prior to the completion of the development. (e) The specific plan identifies adequate financing mechanisms for the infrastructure and public facilities required to support the development. There are no financing mechanisms noted in the specific plan and as mentioned above the Specific Plan is already `built out' with all of the units since about 2012. SECTION 4. The Application, as herein above described below, and the same is hereby approved subject to the following conditions: (a) That the language contained in the Specific Plan shall be modified to allow a retractable sliding vehicular ingress/egress gate along Foster Avenue as shown in Attachment #1 to the staff report dated June 21, 2017; and (b) The subject Property shall be developed and maintained in 21, 2017 except as substantial accordance with Exhibit "A", dated Junep modifiedherein; and (c) That all conditions of approval of City Council Resolutions PC 08-01 and PC 09-10 shall remain in full force and effect except as related to a vehicular gate along Foster Avenue; and (d) That all conditions of approval of City Council Resolutions 2008-033, 2008-034 and 2008-045 shall remain in full force and effect except as related to a vehicular gate along Foster Avenue; and (e) That the applicant shall obtain Los Angeles County Fire Department approval on the proposed installation of the retractable mechanical sliding gate prior to obtaining permits from the City's Building Department; and (f) The Homeowner's Association (HOA) shall be required to verify (provide in writing) that the HOA's Covenants, Conditions and Resolution 2017-194 July 19, 2017 Page 4 Restrictions (CC&R's) for the HOA, will or will not need to be modified to reflect the proposed retractable, sliding vehicular ingress/egress gate along Foster Avenue. Should the CC&R's be required to be modified, the modifications shall be provided to the City for review. The applicant shall assume monetary responsibility for City Attorney review of the CC&R's. CC&R's shall be reviewed and approved by the city attorney prior to receiving final approval for the vehicular gate; and (g) That the applicant shall comply with all conditions of approval within six (6) months after the date of approval of the Specific Plan Modification by the City Council or approval of the specific plan modification shall become null and void and will be subject to revocation pending a hearing by the City Council or the City Council on appeal. Furthermore, any costs associated with the revocation of this conditional use permit shall be paid by the applicant and/or owner; and (h) That the applicant shall sign a notarized affidavit within ten (10) days after the entitlements are approved by the City Council stating that the applicant has read and accepts all of the conditions of approval. SECTION 5. 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 APPROV D his 19th day of July, 20 ..111111-11111-11.1. 111111.11111 MAti r'u."--OZAN• 'YO Resolution 2017-194 July 19, 2017 Page 5 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. 2017-194 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 19th day of July, 2017 by the following vote: AYES: COUNCIL MEMBERS: Baca, Lozano, Pacheco, Rubio NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: /i UNCIL , RS: Garcia 14, ALEJ ND- AV-ILA CITY CLE' t.1 -111'