HomeMy WebLinkAbout2019 036 CC RESO RESOLUTION 2019-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK APPROVING A DEVELOPMENT PLAN TO
FACILITATE THE CONSTRUCTION OF NEW 4,018-SQUARE
FOOT DRIVE THROUGH RESTAURANT, A CONDITIONAL USE
PERMIT FOR THE OPERATION OF A DRIVE-THROUGH
RESTAURANT (RAISING CANE'S), AND TENTATIVE PARCEL
MAP TO SUBDIVIDE AN EXISTING 9.19-ACRE LOT (TARGET
CENTER) INTO TWO LOTS AS FOLLOWS: PARCEL 1 (359,641
SQ. FT.) AND PARCEL 2 (40,810 SQ. FT.), WITHIN THE F-C,
FREEWAY COMMERCIAL, AND SIERRA VISTA OVERLAY ZONE.
(LOCATION: 3100 BALDWIN PARK BLVD; APPLICANT: RUBEN
GONZALEZ; CASE NUMBER: DP-18-085, TPM- 1440, AND CP-
879)
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council of the City of Baldwin Park does hereby find,
determine, and declare as follows:
(a) An application ("Applications") for a development plan, a tentative parcel
map, and a conditional use permit, were submitted on behalf of the owner of certain
real property, located at 3100 Baldwin Park Blvd in the City of Baldwin Park, described
more particularly in the Application on file with the City Planner; and
(b) The Applications were sought to approve a development plan, a
tentative parcel map, and a conditional use permit to facilitate the development of a
4,018-sqaure foot drive through restaurant, within the F-C, Freeway Commercial, and
Sierra Vista Overlay Zone pursuant to Tables 152.10, 153.120.220, Section 153.090,
and Section 153.120.240 of the City's Municipal Code; and
(c) A duly noticed public hearing was held on June 12, 2019 on said
Applications by the Planning Commission, and based upon evidence presented
including applicable staff reports and each member of the Commission being familiar
with the property, 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
development plan, tentative parcel map, and conditional use permit should be granted,
subject to the terms of this Resolution; and
(d) on July 17, 2019, the City Council by Resolution No.2019-036 approved
the development plan, tentative parcel map, and conditional use permit and
(e) The City determined that the proposed action (the "Project") is exempt
from California Environment Quality Act (CEQA) pursuant to Section 15303 (Class 3,
New Construction of Small New Facilities) and Section 15315 (Minor Land Divisions).
Section 2. That the City Council does hereby adopt the following findings
applicable to the approval of the tentative parcel map.
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 service.
Comments and conditions have been addressed in the findings and are included, as
applicable, as conditions of approval of the tentative parcel map. Additionally, staff
includes a general condition of approval that any and all conditions from outside
agencies and utility companies shall be met or provided for prior to finalizing the
tentative parcel map.
b) An adequate domestic water distribution system designed and
constructed to service each lot proposed to be created.
Valley County Water District is the purveyor in the area and water would be provided
to the subject property by Valley County Water District.
c) An adequate sewage system designed and constructed to serve
each lot proposed to be created.
The proposed project shall comply with any conditions of approval as imposed by the
Sanitation District of Los Angeles County prior to approval of the final map by the City
of Baldwin Park.
d) An adequate storm water drainage system designed and
constructed to serve each lot proposed to be created.
The Public Works Department conditions of approval require that off-site
improvements may be required and may include storm drains. Provided that the
applicant meets the conditions of approval for development, there will be adequate
storm water drainage for the subject property.
e) An adequate public and/or private street and/or alley system
designed and constructed to serve each lot proposed to be created.
The Public Works Department has determined that there is adequate public street
system to serve the lot. Conditions of approval require public right-of-way
reconstruction of damaged improvements as a result of construction.
f) An adequate traffic regulatory system, including necessary traffic
signals, signs, and pavement markings and stripings.
The City's Public Works Department has concluded that the current conditions will
provide for an adequate traffic regulatory system.
g) The undergrounding of utilities pursuant to Chapter 97, part 2
(Underground Utility District) of the Municipal Code.
Pursuant to Chapter 97 of the City's Municipal Code all new utilities to the subject
property shall be undergrounded. This requirement is also addressed as part of the
overall plan check requirements and review of the final map.
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 Planning
Commission and City Council of the Parcel Map and meets and/or exceeds the
conditions of approval, the new lot would have adequate service and could be
subdivided such that the new lot would be 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 parcel 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 of the proposed lot
meets the minimum development standards contained within the Municipal (Zoning)
Code, including, minimum lot size and lot frontage.
Additionally the parcel 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 parcels meet the
existing development standards contained in the Code.
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 3. The City Council does hereby adopt the following Findings of Fact
applicable to all conditional use permits:
(a) The use is conditionally permitted within the subject zone and
complies with the intent of all applicable provisions of this chapter.
The use is conditionally permitted within the subject zone and complies with the intent
of all applicable provisions of Municipal Code. Section and Table 153.050.020
conditionally permits drive-through establishments with an approval by the City's
Planning Commission, and City Council; and
(b) The use will not impair the integrity and character of the zone in
which it is to be located.
The use will not impair the integrity and character of the zone in which it is to be
located. The property is located within the F-C, Freeway Commercial, and Sierra Vista
Overlay Zone which allows for uses that are "freeway-oriented, regional-serving retail
and office complexes and complimentary regional commercial centers". Therefore, a
drive-through restaurant at the location compliments the integrity and character of the
zone; and
(c) The subject site is physically suitable for the type of land use
being proposed.
The subject site is physically suitable for the type of land use being proposed. In
accordance with Section 153.120.240.A and B (Drive-thru Development Standards),
the subject site is greater than 20,000 square feet and the site has existing driveways
making the site suitable for a drive-thru establishment; and
(d) The use is compatible with any land uses presently on the subject
property.
The use is compatible with any land uses presently on the subject property. The
proposed drive through restaurant provides a complimentary service to motorists that
are visiting the existing commercial retail center. The use is also compatible with the
commercial land uses adjacent and in proximity to the subject site; and
(e) The use will be compatible with existing and future land uses
within the zone and the general area in which the proposed use is to be located.
The use will be compatible with existing and future land uses within the zone and the
general area in which the proposed use is to be located. The use of the property as
a commercial building with drive through is compatible with existing and future land
uses within the F-C, Freeway Commercial, and Sierra Vista Overlay Zone and the
general area in which the use is located; and
(f) Adequate provisions for water, sewer and public utilities and
services are available to ensure that the use will not be detrimental to public health
and safety.
Adequate provisions for water, sewer and public utilities and services are available to
ensure that the use will not be detrimental to public health and safety. The existing
commercial retail center has all utilities and services connected and therefore the
proposed drive through restaurant will not be detrimental to public health and safety;
and
(g) Adequate provisions for public access are available to serve the
use.
Adequate provisions for public access are available to serve the use. The site has
direct vehicular and pedestrian access to Baldwin Park Boulevard and Francisquito
Avenue. Baldwin Park Boulevard and Francisquito Avenue are designated Arterial
streets in the City's General Plan. Additionally, adequate sidewalks provide both
pedestrians and persons with disabilities with safe and convenient access to the site,
provide access for motor vehicles. The site's access to sidewalks, streets and
highways are adequate in width and pavement type to carry the quantity of traffic
generated by the proposed self-service car wash facility; and
(h) The use is consistent with the General Plan.
The use is consistent with the General Plan. Land Use Goal 1.0 Balanced
Development in Baldwin Park. Maintain a balanced mix and distribution of land uses
throughout Baldwin Park. Land Use Policy 1.4 Create opportunities for two different
levels of commercial development: (1) commercial uses that meet the retail and
service needs of the local residents and employee populations, and (2) regional-
serving retail commercial businesses that capture revenues from a broader population
base; and
(i) The use will not be detrimental to the public interest, health,
safety, convenience or welfare.
The use will not be detrimental to the public interest, health, safety, convenience or
welfare in that drive through restaurant will be developed in accordance with all
development standards of the zone and will operate in substantial conformance to all
conditions of approval as identified in the resolution of approval.
Section 4. The Application, as herein above described below, and the same
is hereby approved subject to the following conditions:
(a) That the property shall be developed and maintained in substantial
accordance with Exhibit "A" to the staff report for PM-1440 and CP-879, dated July
17, 2019; and
(b) a minimum of one outdoor trash receptacle shall be provide onsite. At least
one additional on-site outdoor trash receptacle shall be provide for every 10 required
parking spaces. Please revise plans to reflect the required outdoor trash receptacles.
(c) The proposed wall signage will require a sign permit with separate review,
fees, and approval at the staff level, provided the sign does not exceed the criteria
contained in the Specific Plan.
(d) The owners of property within each Phase shall, as a condition of approval
for design review and the development plan, enter into an irrevocable agreement to
provide reciprocal parking and vehicular access, as well as mutual parking
maintenance, with the owners of all phases developed in accordance with the
provisions of this plan. The agreement shall be in a form approved by the City
Attorney, and recorded with the Clerk of Los Angeles County prior to the issuance of
a Certificate of Occupancy.
(e) The minimum dimensions for bicycle parking areas shall be 2 feet by 6 feet,
plus a 5-foot maneuvering space behind the bicycle rack area. Please indicate on
plans.
(f) The proposed project is subject to Water Efficient Landscape Standards,
pursuant to Section 153.160.020 of the Baldwin Park Municipal Code. In Accordance
with Section 153.160.060, please submit a revised Preliminary Landscape Design
Plan along with the subsequent Design Review resubmittal. After the project has been
tentatively approved by the Design Review Committee and after entitlements are
approved by the Planning Commission, and City Council, the applicant shall submit a
Landscape Documentation Package during Building Plan Check pursuant to Section
153.160.080. The Landscape Documentation Package shall incorporate the
Preliminary Design Plan. Landscape and Irrigation plans shall be prepared by a
California licensed landscape architect.
Building:
(g) All Conditions of Approval as approved by the Planning Commission and
City Council shall appear as notes on the plans submitted for building plan check and
permits.
(h) Building design shall comply with the Current Edition of the California
Building Code (CBC).
(i) Submit complete construction plans to Building Division for formal plans
review and building permit.
(j) Separate application(s), plan check(s), and permit(s) is/are required for:
Grading (see Engineering Division for requirements), Signs, Fire sprinkler/Alarm
systems (see LA County Fire Department Prevention Division for requirements),
Plumbing, Mechanical, Electrical.
(k) Complete architectural plans prepared a by State licensed architect will be
required. Submit design for review at formal plans review.
(I) Complete structural plans with calculations by State licensed engineer or
architect will be required. Submit design for review at formal plans review.
(m) Compliance to California T-24 Energy regulations will be required. Submit
design for review at formal plans review.
(n) Compliance to California Green Building Standards Code will be required.
Submit design for review at formal plans review.
(o) Separate plumbing, mechanical and electrical plan check will be required.
Submit design for review at formal plans review.
(p) A soils and geology report is required to address the potential for and the
mitigation measures of any seismic induced landslide/liquefaction. Soils report shall
address foundation design and site preparation requirements.
(q) Los Angeles County Fire Department approval is required for the proposed
occupancy. Contact (626) 974-8335 for plans review submittal requirements.
(r) Los Angeles County Health Department approval is required for
restaurant/kitchen/other food services. - Phone (626) 430-5560.
(s) Sanitation District Industrial Waste approval or waiver is required. Please
contact (562) 699-7411, Ext 2900 for additional information.
(t) All new on-site utility service lines shall be placed underground. BPMC
Section 153.140.050.
(u) A complete code analysis is required. Address type of construction,
occupancy, exiting, allowable areas, allowable heights, etc. Provide a summary on
the drawing.
(v) Compliance with the State of California Accessibility regulations is
required, including: Building entrances shall be provided with an accessible path of
travel connecting the building entrances from the public sidewalk, accessible parking,
and other buildings or essential facilities located on the site. Accessible parking: All
restrooms serving the building shall be accessible. All public telephones, if provided,
shall be accessible. At least one and 25% shall be equipped for hearing impaired,
volume control. At least one telephone shall comply with CBC 1117B.2.9.2 for text
telephones where there are at least 4 phones on the site.
(w) Provide fire sprinklers complying with CBC § 903.3.1 for the following
projects:_Group Al and A2 occupancies having fire area with occupancy load of 100
or more. CBC § 903.2.1.1 and 903.2.1.2.
(x) Total plumbing fixtures required shall be determined by California
Plumbing Code (CPC).
(y) Grease interceptor is required. Design and installation shall comply with
California Plumbing Code.
(z) Type I grease duct is required. Provide complete design per California
Mechanical Code.
Public Works:
(aa)An Erosion Control Plan shall be submitted concurrently with the grading
plan if any grading is proposed, clearly detailing erosion control measures. These
measures shall be implemented during construction. The erosion control plan shall
conform to national Pollutant Discharge Elimination System (NPDES) standards and
incorporate the appropriate Best Management Practices (BMP's) as specified in the
Storm Water BMP Certification. For construction activity which disturbs one acre or
greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed.
(bb)The applicant shall comply with Low Impact Development (LID)
requirements to the satisfaction of the City Engineer. Please refer to LA County LID
Manual.
(cc) If applicable, the Owner shall execute and record a covenant agreement
to maintain and hold the City harmless for all existing improvements in the public right-
of-way.
(dd)If applicable, prior to grading plan submittal, a geotechnical report prepared
by a Geotechnical Engineer, licensed by the State of California, shall be submitted by
the applicant for approval by the City.
(ee)If applicable, upon approval of the geotechnical report, the applicant shall
submit drainage and grading plans prepared by a Civil Engineer, licensed by the State
of California, prepared in accordance with the City's requirements for the City's review
and approval. A list of requirements for grading plan check is available from the Public
Works Department. All grading (cut and fill) calculations shall be submitted to the City
concurrently with the grading plan.
(ff) All easements and flood hazard areas shall be clearly identified on the
grading and improvement plans.
(gg)If applicable, the grading plan shall show the location of any retaining walls
and the elevations of the top of wall/footing/retaining and the finished grade on both
sides of the retaining wall. Construction details for retaining walls shall be shown on
the grading plan. Calculations and details of retaining walls shall be submitted to the
Building and Safety Division for review and approval.
(hh)If applicable, all equipment staging areas shall be located on the project
site. Staging area, including material stockpile and equipment storage area, shall be
enclosed within a 6 foot-high chain link fence. All access points in the fenced area
shall be locked whenever the construction site is not supervised.
(ii) Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices.
(jj) All slopes shall be seeded per landscape plan and/or fuel modification plan
with native grasses or planted with ground cover, shrubs, and trees for erosion control
upon completion of grading or some other alternative method of erosion control shall
be completed to the satisfaction of the City Engineer.
(kk) Submit a stockpile plan showing the proposed location for stockpile for
grading export materials, and the route of transport.
(II) A pre-construction meeting shall be held at the project site with the grading
contractor, applicant, and city grading inspector at least 48 hours prior to commencing
grading operations.
(mm) Rough grade certifications by project soils and civil engineers
shall be submitted prior to issuance of building permits for the foundation of the
residential structure. Retaining wall permits may be issued concurrently with grading
permits.
(nn)Final grade certifications by project civil engineers shall be submitted to the
Public Works Department prior to the issuance of any project final
inspections/certificate of occupancy respectively.
(oo)Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the development shall
be conveyed to a storage containment in conformance to the LID Manual. No on-site
drainage shall be conveyed to adjacent parcels.
(pp)If applicable, prior to the issuance of a grading permit, a complete
hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the
State of California to the satisfaction of the City Engineer and Los Angeles Public
Works Department.
(qq)The applicant shall replace and record any centerline ties and monuments
that are removed as part of this construction with the Los Angeles County Public
Works Survey Division.
(rr) Street improvement plans in a 24" x 36" sheet format, prepared by a
registered Civil Engineer, shall be submitted to and approved by the City Engineer.
Streets shall not exceed a maximum slope of 12 percent.
(ss) Prior to building occupancy, applicant shall construct base and pavement
for all streets in accordance with soils report prepared by a California registered
geotechnical engineer and approved by the City Engineer or as otherwise directed by
the City Engineer.
(tt) Applicant shall coordinate with the City Engineer to record conditions of all
improvements along the project frontage for the purpose of describing any such
improvements that require replacement and determine the condition after construction
for replacement of such improvements damaged during the course of construction that
will need replacement.
(uu)Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purpose shall be offered and shown on the detailed
site plan for dedication to the City or affected utility company.
(vv) Will Serve Letters shall be submitted stating that adequate facilities are or
will be available to serve the proposed project shall be submitted to the City from all
utilities such as, but not limited to, phone, gas, water, electric, and cable.
(ww) If applicable, Applicant shall relocate and underground any
existing on-site utilities to the satisfaction of the City Engineer and the respective utility
owner.
(xx) Underground utilities shall not be constructed within the drip line of any
mature tree except as approved by a registered arborist.
(yy) Applicant shall obtain connection permit(s) from the City and County
Sanitation District prior to issuance of building permits.
(zz) If applicable, Applicant, at applicant's sole cost and expense, shall
construct the sewer system in accordance with the City, Los Angeles County Public
Works Division. Sewer plans shall be submitted for review and approval by the City.
(aaa) Applicant shall submit a current Preliminary Title Report to verify
parcel ownership, legal description, site easements, encumbrances, limitations, and
restrictions. Recorded backup documents shall be provide at next submittal of the
above, described in the Title Report
(bbb) Provide Legal owner(s) on the TPM.
(ccc) Provide a Legal Description of the parcel
(ddd) Provide the name and contact number of the owners, applicant
and engineers.
(eee) Provide a section for the 92' road section of Francisquito Avenue.
(fff) Review and address redlines on TPM.
(ggg) That the Applicant is prohibited from causing or allowing the
deposit or disposal of any hazardous substances at the property. The Applicant shall
be responsible for and bear the entire cost of removal and disposal of hazardous
substances introduced to the property. The Applicant shall also be responsible for
any clean-up and decontamination on or off the property necessitated by the
introduction of such hazardous substances. The Applicant shall indemnify, defend
and hold the City harmless from and against all liabilities, damages, claims, losses,
costs or expenses (including, without limitation, attorney's fees) incurred by or brought
against the City in connection with or arising out of the use, storage, disposal, release
or other presence of hazardous substances on, in under or about the property. The
phrase "hazardous substance", as used herein, has the same meaning as that phrase
has under Section 25359.7 of the California Health and Safety Code; and
(hhh) That prior to the issuance of any building permits, the Applicant
shall pay applicable Development Impact Fees assessed for the project; and
(iii) The proposed project shall comply with any conditions of approval as
imposed by the Los Angeles County Fire Department prior to approval of the final map
by the City of Baldwin Park; and
(jjj) The applicant shall comply with all conditions of approval of the Parcel Map
and those required by all other agencies and utility purveyors including the conditions
of approval required by the Public Works Department; and
(kkk) That Parcel Map 1440 shall be finaled in accordance with State
Law prior to the issuance of building permits; and
(III) If within two years after the date of approval of TPM-1440 and CP-879, all
conditions of approval have not been satisfied, then PM-1440 and CP-879 shall
become null and void; and
(mmm) That the applicant shall sign a notarized 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 5. This Resolution shall become effective immediately upon its
adoption.
Section 6. The City Clerk shall certify to the adoption of this resolution and
hereafter the same shall be in full force and effect.
PASSED, APPROVED, AND ADOPTED th' 17th day of July, 2019.
MA UEL LOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ?- SS:
CITY OF BALDWIN PARK
I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the
foregoing Resolution No. 2019-036 was duly adopted by the City Council of the City of
Baldwin Park at a regular meeting thereof held on July 17, 2019 and that the same was
adopted by the following vote to wit:
AYES: COUNCIL MEMBERS: Avila, Garcia, Hernandez, Lozano, Pacheco
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
JEAN A ALA
CITY ERK