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HomeMy WebLinkAboutResolution No. 87380 RESOLUTION NO. 8738 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING CONDITIONAL USE PERMIT NO. C-89-12 FOR PROPERTY LOCATED AT 475 WEST SIERRA MADRE AVENUE (APPLICANT: D&D DEVELOPMENT/ JOHNNY JOHNSON; CUP NO. C-89-12) THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Azusa does hereby find, determine, and declare that: A. An Application ("Application") was filed by D&D Development/Johnny Johnson for a Conditional Use Permit to construct a 67 -unit detached condominium project and requesting an exemption from the multi -family residential construction moratorium as set forth in Ordinance No. 2397 for the property located at 475 West Sierra Madre Avenue ("Subject Property"). B. A duly -noticed public hearing on the Application for the Conditional Use Permit was held by the Planning Commission of the City of Azusa on August 16, 1989, and after considering all of the evidence submitted on the Application, the Planning Commission, by Resolution No. 89-71, approved Conditional Use Permit, subject to conditions of approval attached hereto as Exhibit A, and incorporated herein by reference, as though set out in full and at length. C. On September 18, 1989, the City Council held a duly noticed public hearing on the Conditional Use Permit and has carefully considered all of the evidence and public comments received at said hearing. SECTION 2. Having considered all of the oral and written evidence presented to it at said public hearings, the City Council finds, determines and declares that: A. As a detached condominium project, this development meets or exceeds all of the residential standards of the City of Azusa. B. The resulting Project will be of high quality, in keeping with the City's desire to improve the housing stock in Azusa. C. The Project is compatible with the stated goals of the multi -family residential development moratorium to encourage single-family residential development and approval would be consistent with good zoning practice. D. The Project would not adversely affect the public peace, health, safety or general welfare to a degree greater than in said Municipal Code, approval are adhered to. 0 that generally permitted provided the conditions of E. In January, 1989, a court decision exempted the Subject Parcel from the provisions of the Azusa Greens Preservation Ordinance. Thus, the City has the legal right to process this Application for development of the Subject Property. F. In taking this action, the City Council has considered the effects of the decision on the housing needs of the region in which the City is located and balanced those needs against the public service needs of the City residents and available fiscal and environmental resources. G. This Conditional Use Permit for the Subject Property is consistent with the General Plan of the City of Azusa and the elements thereof. SECTION 3. Based on the findings set forth in Section 2 of this Resolution, the City Council of the City of Azusa hereby approves Conditional Use Permit No. C-89-12, subject to conditions of approval attached hereto as Exhibit A. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 26th day of October, 1989. ATTEST: ITY CLERK 10/26/89 elh/RES04829 V -2- MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 26th day of October, 1989, by the following vote of the Council: AYES: COUNCILMEMBERS AVILA, STEMRICH, NARANJO, LATTA NOES: COUNCILMEMBERS MOSES ABSENT: COUNCILMEMBERS NONE _I /' -3- elh/RES04829 � GD�v��TTou s EXHIBIT A D&D DEVELOPMENT/JOHNNY 475 EAST SIERRA MADRE Z-89-4, GPA -89-2, TTM NO. 47847 & JOHNSON AVENUE C-89-12, P-89-97 All requirements of the Engineering Division shall be met, including but not limited to the following: a. Construct sidewalk on private street "D" in front of lots 3 and 4 as shown on plans submitted. b. Construct standard alley intersection on Sunset Avenue. C. An on-site drainage plan shall be prepared and submitted to the City Engineer for approval at the time of building Plan check submittal. Plan shall be 24" X 36"1 ink on mylar, with elevations to nearest 0.01 ft. scale 1". Plan shall be prepared by a registered civil engineer. Grading plan check fees must be paid in advance. d. Grading shall be performed per County of Los Angeles Uniform Building Laws, current edition, relating to Excavations and Fills. e. No ponding on this property or neighboring property shall be allowed. f. Design and construct V.C.P. sewer mainline as necessary to serve site. g. A City Construction Permit shall be obtained for all work undertaken in the public right-of-way. All work shall be done in accordance with City of Azusa Standards and Standard Specifications for Public Works Construction (Green Book), latest edition and to the satisfaction of the City Engineer or his designee and shall be completed before issuance of Certificate of Occupancy. h. Arrange for relocation of all utilities, poles, signals, street lights, etc. 2. All requirements of the Planning Division shall be met, including but not limited to the following: a. All uses shall comply with Section 19.16 of the Azusa Municipal Code. b. The approval hereby granted is conditional upon the privileges being utilized within six (6) months after the effective date thereof and if they are not utilized or construction work is not begun within said carried on diligently time and in time with conditions imposed, this approval shall become void and any permission or privilege granted hereby shall be deemed to have elapsed. c. All necessary permits shall be obtained. d. All construction shall comply with the plot plan and elevations submitted. e. Twenty-five (25) guest parking spaces shall be provided and maintained in accordance with Chapter 19.48 of the Azusa Municipal Code. f. hall(2) or three (3) garage spaces (full garage w/door) provided and maintained in accordance with Chapter 19.48 of the Azusa Municipal Code as originally Provided for each dwelling unit. g. Parking of vehicles on areas other than paved surfaces or in garages is prohibited. h. Guest parking shall be striped and shall have adequate guards for protection of other vehicles on same lot (i.e. wheel stops). i. Common area landscaping shall be adequately maintained at all times including, but not limited to, irrigation, weeding, and/or replacement when necessary. J. The premises shall be maintained in a clean and acceptable condition at all times. All buildings and walls shall be maintained in good repair at all times. Any offensive markings shall be removed immediately. Continued Next Page - (1 of $) 0 0 EXHIBIT 'A' D&D Development/Johnny Johnson -475 E. Sierra Madre Ave. Z-89-4, GPA -89-2, C-89-12 TTM NO. 47847 & P-89-97 PAGE 2 k. The parking of recreational vehicles including but not limited to campers, motor homes, trailers, boats, etc., is absolutely prohibited unless a designated storage area is provided, which is fully enclosed and from public view. Any such space cannot occupy any other required parking, driveway or required usable open space or area. 1. A combination splitface or slumpstone masonry block wall and wrought iron fence six feet (6') in height shall be. constructed around the entire perimeter of the project with the exception of entry areas or areas needed for visibility. Block walls shall also be constructed between units where separation is to be provided. Wrought iron fencing shall be substituted for the rear property line those lots which rear upon the common open space area in the center of the project. A separate detailed wall plan shall be submitted to the Planning Division for approval. M. Entryways into the site shall be marked by low block wall entry statements and stamped concrete pavers. Said pavers shall also be placed across the street at other locations as indicated on plans submitted. Large 36" box specimen trees and appropriate landscaping shall complete the entry ways. n. Detailed landscaping plans shall be submitted to the Public Works Department for approval for all common area and front yard landscaping, as well as parkway landscaping along the main access road leading from Sunset Avenue. o. Front yards of individual units shall be completely landscaped within 30 days of close of escrow for each unit. A completion bond shall be posted with the City to the satisfaction of the Public Works Department. p. All common area improvements shall remain in perpetuity unless specifically otherwise authorized by the Planning Commission. q. A separate minor Precise Plan of Design shall be submitted for the cabana, pool and spa improvements. r. On -street parking within the site shall be prohibited. s. A final condominium map shall be submitted for approval of this project. Final map must be approved prior to issuance of building permits. t. An application for a variance shall be submitted by the developer for future patio cover construction, prior to plan check submittal. U. A copy of the Covenants, Conditions and Restrictions (CC&R's) for the project shall be submitted to he Planning Division for approval. The CC&R's shall include parking restrictions on the private streets, prohibition of recreational vehicle parking, required maintenance of landscape and irrigation system of all parkways, and wrought iron fencing for those units abutting the Pool/open space area. All conditions of approval listed in this Exhibit A shall be made a part of the CC&R's with provisions included placing responsiblity for these conditions with the homeowner's association. V. All garages shall be fitted with sectional roll -up doors and automatic door openers. W. No two adjacent houses shall be constructed with identical exterior design elevations. x. No additional construction of livable area shall be permitted beyond that shown on the plot plan submitted except for patio covers approved under a separate variance. Y• No mail boxes or posts shall be located within the sidewalk area. Exact locations shall be approved for the Post Office and the Planning Division with an attempt made to cluster mail boxes where possible. Z. "No Parking" signs or red painted curbs shall be installed and maintained along the private street, in order to prohibit curbside parking. Continued Next Page 2 of 0 • EXHIBIT 'A' D&D Development/Johnny Johnson -475 E. Sierra Madre Ave. Z-89-4, GPA -89-2, C-89-12 TTM NO. 47847 & P-89-97 PAGE 3 aa. Protective screens shall be constructed adjacent to the golf course to protect houses and traffic using access roads from damage caused by golf balls. Design and details of such screens shall be reviewed and approved by the Planning Division prior to their installation. bb. Golf cart crossings across the main access road shall be marked with warning or speed reduction devices to the satisfaction of the Engineering Division. cc. Noise buffers shall be installed on the adjacent water Pumping plant and its associated equipment to reduce noise for nearby residences to levels required under the Azusa Noise Ordinance (Chapter 8.58 of the Azusa Municipal Code). dd. Painting, refinishing or other maintenance shall be performed to improve the visual appearance of the buildings (e.g. elimination of exposed rusted metal surfaces) from the subject project. Plans for improvements shall be reviewed and approved by the Planning Division prior to construction. ee. Permanent access shall be provided to the water pumper station. ff. A final, written determination of the flood zone status of the subject property shall be obtained from the Los angeles County Flood Control District prior to issuance of building permits for the project. gg. The developer shall participate in the development of an estimation of fees and method of payment for the financing of police and fire services for this project, and shall make arrangements for the payment of such fees to the satisfaction of the City Administrator. hh. All mitigation measures required by the EIR prepared for this project shall be fully implemented. That all conditions of the Public Works Division shall be met, including but not limited to the following: a. A landscaping and irrigation plan shall be submitted at the same time as Building plan check submittal, showing locations, quantities, sizes, and types of plant materials, as well as design of an automated of system. Plans shall be 24" by 36". b. No work within the public right-of-way shall be commenced without first obtaining a public works permit. C. Parkway trees are required, located no closer than 30 feet nor greater than 65 feet apart and shall be irrigated per City Plan R-15. Variety to be specified by Superintendent and shall be at least 15 gallon size. d. Park and Recreation in -lieu fees shall be paid in accordance with Azusa Municipal Code Section 18.08.050. e. Upgrades to existing downstream sewer facilities to accomodate increased flows will be required to the satisfaction of the Public Works Department. All requirements of the Building Division shall be met, including but not limited to the following: a. All appropriate development fees of the Azusa Unified School District shall be paid in full prior to issuance of any building permit for the approved construction. b. All plans shall be checked by a registered civil engineer attesting to the project's conformance with all energy conservation standards, as applicable. c. Applicant shall furnish three (e) complete sets of plans for plan check submittal (structural, mechanical, electrical, plumbing, grading, landscaping). d• Two (2) copies of soil reports shall be furnished. Continued Next Page - (3 of S) 0 0 EXHIBIT 'A' D&D Develotment/Johnny Johnson -475 E. Sierra Madre Ave. Z-89-4, GPA -89-2, C-89-12 TTM NO. 47847 & P-89-97 PAGE 4 e. Applicant recognizes that approval granted is for Planning and zoning only. Owner is obligated to meet all Building Code requirements, and is obligated- to do whatever necessary to bring the structure in compliance with applicable City -adopted Uniform codes. f. Applicant shall submit CF-lR/CF-lA form(s) with plans. g. Any building within 3' of a property line shall be of one hour construction. h. Guard post shall be provided in front of washers and dryers in garages. 5. That all conditions of the Light Department shall be met, including but not limited to the following: a. Contact Light Department as soon as possible for specifications and requirements. b. Utilities shall be underground. Developer to provide all conduits, pull boxes, transformer pads, street lights as necessary. 6. That all conditions of the Water Department shall be met, including but not limited to the following: a. Installation of a new water main will be required to the satisfaction of the Water Department. b. Inspection and plan check fees must be paid to Light and Water Department before a Notice of Occupancy form will be signed. c. A pre -construction meeting is to be held 48 hours prior to construction. d. This project is subject to Ordinance 2388, Chapter 16.36, City of Azusa Municipal Code Development entitled "Water System Fee". Fee must be paid to the Light and Water Department before a Certificate of Occupancy is signed. e. This project will require fire flow availability information before the Los Angeles County Fire Department Will approve a building permit. f. Developer is to get fire flow requirements from Los Angeles County Fire Department before any building permit is issued. The development fees are $587.00 per unit, which totals $39,916.00. Developer will be responsible for installation or all water facilities which include, watermains, fire hydrants, services and meters. The Contractor selected by the developer to install the water facilities must be approved by the Water Division. The fire flow at Sunset Avenue and Ellsworth Avenue is 775 gpm @ 20 psi and at Virginia Avenue and Edith Ann Avenue 2882 gpm @ 20 psi. 7. That all conditions of the Fire Department shall be met, including but not limited to the following: a. Fire flow shall be 1250 gallons per minute at 20 p.s.i. residual pressure (U.F.C.-10.301 existing, or installation of new water systemsdlng may bof e required to meet this requirements. b. Provide all information requested on the "Plan Check Information Sheet," available from the Fire Department. C. All requirements indicated on Fire Department plan check sheets will be required prior to occupancy. d. Final inspection required prior to occupancy. e. Parking restrictions: There will be no on -street parking allowed on the 28' streets. f. All the roadways shall be labeled as fire lanes. g. Fire hydrant locations and the number required may change, h. Roadways cannot exceed 151 grade. i. All houses shall be equipped with internally lit address boxes. Continued Next Page - (4 of 2) 0 EXHIBIT 'A' D&D Development/Johnny Johnson -475 E. Sierra Madre Ave. Z-89-4, GPA -89-2, C-89-12 TTM NO. 47847 & P-89-97 PAGE 5 j. Secondary access road shall be gated with a Knox box to the satisfaction of the Fire Department and Police Department. k. All requirements of city of Azusa Fire Zone 4 shall be met at all times. 8. That all conditions of the Police Department shall be met, including but not limited to the following: a. Front doors to the residences shall be equipped with quality dead bolt locks and heavy duty strike plates. Front doors shall also have door viewers. b. All front doors shall be visible from the street. c. Street lighting shall be provided to adequately illuminate the front of all residences within the development. 9. The following monitoring program shall be established to evaluate the implementation of mitigation measures applied to this project: a. A review of traffic accidents within the subdivision and on the entry roads of the project shall be conducted one year after the final occupancy is permitted for this project. b. A noise study of the water pumping station shall be conducted one year after the final occupancy is Permitted for this project. c. A study of damage caused by golf balls and the adequacy Of screen protection for houses and cars shall be conducted one year after the final occupancy is permitted for this project. d. A fee of $500.00 shall be paid to the City of Azusa for implementation of this monitoring program. This amount is to be paid prior to issuance of Building Permits. e. The homeowner's association for this project shall be responsible for all improvements necessary to implement Mitigation measures as a result of the abovementioned studies. Said requirement shall be included in the CC&R's for the association. Continued Next Page - (5 of 6) elh/INSO25590 • . INSO25590 10. PUBLIC SAFETY IMPACT FEE ti (a) Compliance with this Condition shall be deemed compliance with the requirement of Condition 2(gg) to mitigate the impacts of the development on police services. (b) Developer agrees that it shall not protest the formation of a Mello -Roos Community Facilities District or other authorized special taxing district, or the imposition of a Mello -Roos special tax or other authorized special tax and shall vote "yes" at any election to approve a Mello -Roos special tax (pursuant to the Mello -Roos Community Facilities Act of 1982, as amended) or other special tax (and appropriations limit therefor) the proceeds of which shall be used to provide police services within the City and to the project area. (c) Developer further agrees that it shall deposit with the City within a reasonable time after approval of these conditions and before City commences work on the Mello -Roos an amount determined by City to be sufficient to pay for the costs of the engineering, administrative, legal, financial, tax consultant and other services necessary to structure such a special tax, prepare any and .11 necessary documents to adopt and implement the special tax (and appropriations limit therefor), conduct a protest hearing and election and to meet any and all other related requirements. (d) Prior to commencement of any proceedings to impose such a special tax, Developer and City shall agree to and execute a financing agreement containing the provisions of (b) and (c) above and any other terms or conditions the parties determine to be necessary to finance the provision of police services.