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HomeMy WebLinkAboutResolution No. 99-C1550 0 RESOLUTION NO. 99-C155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING TENTATIVE PARCEL MAP NO. 52931 TO SUBDIVIDE ONE PARCEL OF LAND INTO EIGHTY-TWO (82) PARCELS AT 221 S. VIRGINIA AVENUE WHEREAS, an application was received from Legacy Homes at Parkside Azusa, LLC with respect to the requested Tentative Tract Map No. 52931 to subdivide one parcel of land into eighty-two (82) parcels at 221 S. Virginia Avenue. WHEREAS, required notice was mailed as set forth in affidavits on file at the Community Development Department not less than ten days prior to the date of the hearing in compliance with City Code section 88-125, 88-130, 88-135, and 88-140, and Government Code section 65090 and 95091. WHEREAS, the City prepared the Initial Study and Mitigated Negative Declaration in accordance with CEQA, the State CEQA Guidelines, and the City's CEQA implementing procedures, and that the City Council has reviewed and considered the Mitigated Negative Declaration and the comments received thereon. WHEREAS, the City and the Applicant sponsored three community meetings on June 23, 1999, July 29, 1999, and October 21, 1999, to solicit input regarding the Project Approvals and to disseminate information regarding the same. WHEREAS, the City published a notice of its intention to adopt the Mitigated Negative Declaration in compliance with Public Resources Code section 21092 in the Azusa Herald on October 7, 1999, which notice also included a notice of the public hearing before the Planning Commission on October 27, 1999. WHEREAS, the City mailed notice of its intention to adopt the Mitigated Negative Declaration in compliance with Public Resources Code section 21092 on September 30, 1999, to the contiguous landowners and to all public entities entitled to notice under CEQA, which notice also included a notice of the public hearing before the Planning Commission on October 27, 1999. WHEREAS, the Planning Commission held a duly noticed public hearing on October 27, 1999, on the Initial Study and Mitigated Negative Declaration and on the Project Approvals, during which hearing testimony was received from residents living near the Project site in favor of the proposed Project; no testimony against the Project or against the Initial Study and Mitigated Negative Declaration was submitted. WHEREAS, the Planning Commission voted to continue the public hearing on the Initial Study and Mitigated Negative Declaration and on the Project Approvals to November 10, 1999, in order for the Planning Commission and the public to have more time to study the proposed Project and the documentation relating thereto. WHEREAS, on November 1, 1999, after the comment period had closed on the Initial Study and Mitigated Negative Declaration, the City received a letter from the Department of Conservation, which letter indicated that approximately 3.5 acres of Parcel No. 1 (APN 8615- 016-003), which parcel is owned by the Applicant, has been designated as regionally significant for construction aggregate. WHEREAS, prior to their November 10, 1999 meeting, the Planning Commissioners were provided with the Department of Conservation's letter as well as a staff report which provided the Commissioners information regarding the Project's consistency with the City's mineral resources management policies, the fact that the City has not designated Parcel Nos. 1-3 for mineral extraction in the Conservation Element of the City's General Plan, the relative importance of the estimated 1 million ton of construction aggregate on Parcel No. 1 in the context of the regional market for such materials, and the environmental consequences of mining that aggregate. 0 0 WHEREAS, the Planning Commission held the duly noticed continued public hearing on November 10, 1999, on the Initial Study and Mitigated Negative Declaration and on the Project Approvals, and took further testimony from surrounding residents in support of the Project and further received testimony and a letter from Southdown, Inc., in opposition to the Project and the Initial Study and Mitigated Negative Declaration. WHEREAS, after receiving additional testimony and documentation, the Planning Commission closed the public hearing on November 10, 1999, and deliberated regarding the Initial Study and Mitigated Negative Declaration and the Project Approvals, and duly considered all information presented to it, including the additional information which had been received regarding the mineral resources on Parcel No. 1 and the relative importance of the resources to the regional market. WHEREAS, after due deliberation and consideration of the Initial Study and Mitigated Negative Declaration and the written and oral comments received both during and after the comment period thereon, and after fully considering the importance of the mineral resources on Parcel No. 1 in the context of the regional market, the Planning Commission voted unanimously to recommend that the City Council approve the Initial Study and Mitigated Negative Declaration, and further recommended that the City Council approve the Project Approvals. WHEREAS, the City has send a response to the Department of Conservation letter received on November 1, 1999, which response includes the statement specified the reasons for permitting the proposed land uses, which statement was forwarded to the State Geologist and the State Board of Mining and Geology. WHEREAS, the City again published a notice of its intention to adopt the Mitigated Negative Declaration in the Azusa Herald on November 25, 1999, which notice also included a notice of the public hearing before the City Council on December 6, 1999. WHEREAS, the City again mailed a notice of its intention to adopt the Mitigated Negative Declaration to the contiguous landowners and to all public entities entitled to notice under CEQA, which notice also included a notice of the public hearing before the City Council on December 6, 1999. WHEREAS, on November 15, 1999, the City mailed a specific notice to Southdown, Inc., of the City Council's intention to adopt the Mitigated Negative Declaration, which notice also included a notice of the public hearing before the City Council on December 6, 1999. WHEREAS, the members of the City Council have been provided with copies of the Initial Study and Mitigated Negative Declaration and the comments received both during and after the comment period, and have fully the documents and comments and comments thereon, as well as the other information in the record of proceedings, and have further considered the importance of the mineral resources on Parcel No. 1 in the context of the regional market. WHEREAS, the City Council of the City of Azusa carefully considered it the pertient evidence and testimony regarding Tentative Tract Map No. 52931. THE CITY COUNCIL OF THE CITY AZUSA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That Tentative Map 52931 is consistent with the goals, policies and objectives of General Plan of the City of Azusa, as revised by GPA 99-05, and each element therein. In accordance with Section 88-585 of the Azusa Municipal Code, it is found that the project would not unreasonably interfere with the use or enjoyment of property in the vicinity, and would not adversely affect the public peace, health, safety or general welfare, and provided the conditions of approval are adhered to, the Planning Commission hereby recommends approval and adoption of said Tentative Tract Map based on the following finding: The proposed subdivision is in conformance with the proposed General Plan and Zoning 0 0 Map amendments. The project has met the State's CEQA guidelines for environmental review and is consistent with the Subdivision Map Act. Furthermore, the City Engineer has reviewed the proposal and consented to its approval SECTION 2: That Tentative Map 52931 is consistent with the Parkside Azusa Specific Plan 4A and 4B. SECTION 3: That the design and improvements proposed in Tentative Map 52931 are consistent with the goals, policies and objectives of the General Plan of the City of Azusa, as revised by GPA 99-05, and each element therein, and with the Parkside Azusa Specific Plan 4A and 4B. SECTION 4: That the site is physically suitable for the residential development proposed in Tentative Map 52931. SECTION 5: That the site is physically suitable for the proposed density of residential development proposed in Tentative Map 52931. SECTION 6: That the design of Tentative Map 52931 is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. SECTION 7: That the design of Tentative Map 52931 and the improvements proposed therein are not likely to cause serious public health problems. SECTION 8: That the design of Tentative Map 52931 and the type of improvements proposed therein will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. SECTION 9. Pursuant to the State CEQA guidelines, a mitigated negative declaration has been prepared and reviewed, finding that the proposed project could not have a significant effect on the environment. SECTION 10: The City Council hereby approves Tentative Map 52931 based on the aforementioned findings and conditions of approval listed as exhibit A. The map shall be finalized and recorded prior to any construction and only after these findings and conditions have been accepted in writing by the owner of the described property. SECTION 11: The City Clerk shall certify to the passage of this resolution and shall cause the same to be published in compliance with Chapter 66, Article IV, Division 4 of the Azusa Municipal Code. PASSED, APPROVED AND ADOPTED this OW -day of ftornber,1999. Cruz -Madrid, MA I HEREBY CERTIFY that the foregoing Resolution No. 15 5 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on December 6, 1999, by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE NOES: COUNCILMEMBERS: MADRID ABSENT: COUNCILMEMBERS: NONE ABSTAIN: C UNCILMEMBERS: NONE J�� City Clerk APPROVED AS TO FORM AMI(I N �, L City Attorney 0 0 Exhibit A Case No: GPA -99-05; Z-99-06, Z99-07, and Z-99-08; P3-99-10; & TT M 52931 Address: 221 Virginia Avenue, 110 W. First Street, and 209 Virginia Avenue A.P.N.: 8615-016-003, 8615-016-901, and 8615-016-270 Project: A proposal to change the General Plan land use designation from HI (Heavy Industrial) to Specific Plan (SP), to change the zoning designation from M2 (General Manufacturing) to Specific Plan -4 (SP -4), and to adopt a Specific Plan for three parcels of land. The project also includes a proposal to approve a Precise Plan of Design and Tentative Tract Map on one of the three parcels for future construction of up to 82 single-family dwellings. These conditions of approval shall be printed on or attached to working drawings submitted to the Building Division for approval. A. All requirements of the Engineering Division shall be met, including but not limited to the following: 1. The Applicant shall dedicate land for street purposes. Deed shall be executed before a Notary Public and delivered to the City Engineer prior to issuance of building permits. 2. The Applicant shall construct curb and gutter. 3. The Applicant shall construct sidewalks. 4. The Applicant shall construct driveway aprons. 5. The Applicant shall provide street lights on marbellite standards. 6. The Applicant shall provide wheelchair access ramps. 7. 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", ink on mylar. Plan shall be prepared by a registered civil engineer. Grading plan check fees must be paid in advance. 8. Grading shall be performed per County of Los Angeles Uniform Building Laws, current edition, relating to Excavations and Fills. 9. No ponding on this property or neighboring property shall be allowed. 10. An off-site drainage facility shall be provided in accordance with the Master Plan of Drainage. 11. The Applicant shall design and construct V.C.P. sewer. 12. Connect to a public sewer w/a V.C.P. sewer connection. 13. Paving to join existing pavement or to centerline shall be provided. 14. Improvement plans prepared by a registered Civil Engineer shall be submitted for all off-site (public works) improvements. Plan check fees shall be paid in advance. Plans shall be 24" by 36" ink on mylar. 15. 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. 16. A bond or security device shall be posted with the City in an amount sufficient to cover the amount of off-site work to be done, as determined by the City Engineer. No Building Permit will be issued until this device is posted. 17. The contractor shall take every step necessary to contain all dirt, construction materials, and construction run-off on site. No grading or construction -related debris, either directly or indirectly carried by water, will be permitted to leave the construction site. 18. Grading and construction activities in areas over five (5) acres require a Construction Permit from the State of California Department of Regional Water Quality Board. 19. A safe transition between Jackson Avenue and F Street shall be designed for the interim improvement of F Street, to the satisfaction of the Engineering Department. Page 1 of 5 Exhibit A 0 0 B. All requirements of the Planning Division shall be met, including but not limited to the following: THE FOLLOWING CONDITIONS SHALL BE SATISFIED BEFORE ANY BUILDING PERMITS MAY BE ISSUED: 1. 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 begunwithin said time and carried on diligently in accordance with conditions imposed, this approval shall become void and any permission or privilege granted hereby shall be deemed to have elapsed. 2. All necessary permits shall be obtained. 3. All applicable Building Department and Fire Department requirements shall be met at all times. 4. All construction and uses shall be in conformance with the plot plan submitted. 5. Prior to submitting for Building Department plan check, Applicant shall submit a revised plot plan subject to the review and approval by the Community Development Director. The revised plan shall show compliance with all applicable zoning standards. 6. A two -car garage minimum for each home shall be provided and maintained in accordance with Chapter 88, Article VII. of the Azusa Municipal Code. 7. Parking of vehicles on areas other than paved surfaces or in garages is prohibited. 8. Landscaping shall be adequately maintained at all times including, but not limited to, irrigation, weeding, and/or replacement when necessary. 9. Three sets of landscape and irrigation plans shall be submitted to the Planning Division for review and approval of location and percentage of coverage. Said plans shall be 24" by 36" and in compliance with City of Azusa landscape design standards. Plans will be routed by the Planning Division to the Public Works Department for approval of planting material, irrigation, and soil amendment plan. 10. Subsequent owners of the parcels shall have all portions of lot, with the exception of driveway areas and building locations completely and adequately landscaped at all times. 11. 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 screened from public view. Any such space cannot occupy any other required parking, driveway or required usable open space or area. 12. Temporary signs on the property shall meet all requirements of Chapter 88, Section 1630 of the Azusa Municipal Code. 13. Garages shall be constructed with sectional roll -up garage doors. 14. Any and all approvals contained herein for the use of the mobile office structure at this location shall expire six (6) months from date of approval in accordance with Section 14-232 of the Azusa Municipal Code unless a conditional use permit is obtained through the normal process. 15. All roof equipment shall be screened to the satisfaction of the Planning Division. 16. Park in -lieu fees shall be paid to satisfy the park requirement if purchase of Parcel 3 has not been realized. 17. The Specific Plan shall be amended to state that all fences and walls shall be constructed of durable, long -lasting materials. Walls constructed of concrete block shall vary in texture, color, and/or incorporate landscaping in order to provide visual relief. Wood, chain link fencing, and barbed wire are prohibited. 18. If the Applicant cannot acquire Parcel 2, an enhanced landscaped buffer shall be installed around it to the satisfaction of the Planning Division in order to screen Parcel 2 from future residences. 19. The Specific Plan's Appendix A shall be amended to include the use of textured paving and Hollywood driveways. 20. Street names shall be approved by the Planning Division. 21. A Phase I Environmental Assessment shall be conducted for the 0.17 -acre parcel referred to as Parcel l in the Staff Report. If evidence of soil contamination is found, the parcel shall be cleaned up in accordance with applicable standards. 22. Final design of elevations with respect to architectural detail, color, and other design Page 2 of 5 Exhibit A 0 0 enhancements shall be worked out to the satisfaction of the Community Development Director. 23. Prior to recordation of the Final Map, the Applicant shall contribute to a tree maintenance fund for the long term care and maintenance of the parkway trees. The Specific Plan shall be amended to reflect that the maintenance of street trees will be the responsibility of the City. The Specific Plan shall also be amended to include a list of trees appropriate for planting in a 4 -foot parkway that would create a tree canopy as they mature. 24. If Parcel 3 has not been acquired by the Applicant by the time of recordation of the Final Map, Lots 81 and 82 on Parcel 1 will be reoriented to face E Street, and D Street shall be terminated at E Street. These site plan revisions shall be made to the satisfaction of the Community Development Director. 25. All standards pursuant to the Specific Plan, including amendments set forth in these conditions, shall be complied with. 26. The Applicant shall investigate the feasibility of adding street design enhancements, including but not limited to bulb -outs, and decorative paving at the street comers within the project area boundaries. The final street design shall be worked out to the satisfaction of the Community Development Director. The Tentative Map shall be amended to reflect any and all street enhancements. 27. The Applicant shall fund an updated Fiscal Impact Report upon final determination of the disposition of the Glendora well site and park expansion. The Applicant shall mitigate any identified fiscal impacts resulting from the implementation of the proposed project, prior to issuance of building permits. 28. Prior to issuance ofbuilding permits on Parcels 1 and 3, the Acoustical Study will be updated with measurements taken at proposed residential lots along the western perimeter of the project site. The purpose of the update is to ensure that noise level from the adjacent landfill and quarry is not in excess of City standards. 29. The applicant shall comply with all mitigation measures and recommendations contained in the Mitigated Negative Declaration and supporting technical appendices. 30. If it becomes necessary for the City to take any legal action or commence any administrative proceedings against the applicant or any successor in interest in order to enforce any of the conditions of approval set forth herein, the City shall recover from the applicant or successor in interest reasonable attorney's fees and other reasonable costs incurred in such action or proceeding, provided that the City obtains a judgement in its favor in any portion of such action or proceeding. 31. The applicant or successor in interest shall be the real party in interest and shall assume primary responsibility for the defense of any legal action or proceeding commenced against the City to challenge the City's approval of Land Use Entitlements and/or the City's approval related to such land use approval. The applicant or successor in interest shall reimburse the City for all reasonable attorney's fees and other reasonable costs incurred by the City in defending such action or proceeding. 32. By accepting approval of this amendment to conditions subject to the conditions set forth herein, the applicant or successor in interest shall be deemed to have agreed to the terms and conditions set forth herein and the City shall have the right to enforce in its sole discretion such terms and conditions by pursuing any and all available legal and equitable remedies. C. All requirements of the Parks and Recreation Division shall be met, including but not limited to the following: 1. Parkway trees are required, located no closer than 30 ft. nor greater than 65 ft. apart and shall be irrigated per City Plan specifications. Variety to be specified by Superintendent and shall be at least 15 gallon size with the planting of 124" box tree for every 3 15 -gallon trees planted or 124" box tree per 35 feet of linear frontage, whichever results in a greater number of trees being planted. 2. Park and Recreation in -lieu fees shall be paid in accordance with Azusa Municipal Code Section 66-5. Page 3 of 5 Exhibit A 0 0 D. All requirements of the Building Division shall be met, including but not limited to the following: 1. Applicant shall conform to the 1998 Uniform Building Code incorporating the 1997 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code and the 1996 National Electrical Code, and all applicable Azusa Municipal Ordinances. 2. All plan check fees shall be paid at the time of plan check submittal. Once plan check is completed and approved, Applicant shall be responsible to pay in full all other appropriate development fees (i.e. school district fees, water reimbursement, park fees) prior to issuance of any building permit. 3. Energy plan check fees are required. 4. Applicant shall submit 3 copies of foundation, framing, floor and elevation plans for plan check. 5. Structural, architectural, electrical, mechanical, plumbing plans shall be designed by a State of California Registered Engineer, or a State of California Registered Architect. 6. Applicant shall submit 3 copies of structural calculations simultaneous with the construction plans. 7. Applicant shall submit 3 copies of energy calculations simultaneous with the construction plans. 8. Electrical, mechanical, plumbing plans shall be submitted for plan check simultaneous with the construction plans. 9. Applicant shall submit 3 copies of soil report simultaneous with the construction plans. 10. Property shall be surveyed by a State of California Licensed Surveyor and the report shall be submitted simultaneous with the construction plans. 11. Prior to issuance of a building permit, the Applicant shall submit approval from the Los Angeles County Health Department, the Los Angeles County Fire Department, and SCAQMD (Southern California Air Quality Management District) 12. Applicant recognizes that approval granted is for planning and zoning only and the owner is obligated to meet all applicable Building Division requirements. E. That all conditions of the Water Department shall be met, including but not limited to the following: 1. Will require approved backflow devices. 2. Will require installation of a new water main. 3. Plan check is required. 4. This project is subject to Ordinance 96-08, Chapter 78-471, City of Azusa Municipal Code entitled "Water system Development Fee". Fee must be paid to the Light and Water Department before a Building Permit will be issued. 5. This project may require fire flow availability information before the L.A. County Fire Department will approve a building permit. 6. This project is subject to Ordinance #92-030, Chapter 78, Article VI, Division 6 of the City of Azusa Municipal Code, entitled "Water Conservation Plan." Contact Water Department for further information. F. That all conditions of the Light Department shall be met, including but not limited to the following: 1. Contact Light Department as soon as possible for specifications and requirements. 2. Electrical panel/meter shall be located outside and accessible from front yard/entrance. 3. Service is to be undergrounded as indicated on plan. 4. Utilities shall be undergrounded. Developer to provide all conduits, pull boxes, transformer pads, street lights as necessary including, 2" conduit for future telecommunications purposes. 5. Provide electrical load information. Transformer will not be ordered until information is supplied and 25% of the transformer cost is deposited with the Light Department. There is an 18-23 week delivery on transformers. 6. Extensive electrical line rebuilding may be necessary. Applicant is directed to contact the Page 4 of 5 Exhibit A 0 0 Light Department immediately. No permits will be issued until this problem is resolved. 7. Special Conditions FOR NEW CONSTRUCTION - owner/developer will submit two (2) sets of plans showing the following: a. Site survey plan of building to include additions & remodeling foundation, elevations, sections and location of existing electric easements. b. Electric service desired, electrical load calculation and single line diagram. C. Locations of electric meter panel and main switchgear on or in building and drawings, if necessary. 8. Owner/Project developer shall arrange and pay for any relocation, modification, or alteration of existing electric facilities. Relocation shall be in accordance with specifications, utility rules, and regulations of Azusa Light & Water. 9. Owner shall grant underground easement for the new underground electric distribution system. 10. Prior to final approval and before energizing electric service to any of the new homes, the owner shall comply with Azusa Light & Water utility rules and regulations. G. All requirements of the Police Department shall be met, including but not limited to the following: 1. All units shall be wired for alarm system which include burglar, smoke, and fire. 2.. Street names and addresses should conform to established practices. 3. Disclosure shall be made to home buyers regarding the potential noise from the quarry and landfill operations to the north and west of the project site. H. That all conditions of the Fire Department shall be met, including but not limited to the following: 1. Fire flow shall be 1250 gallons per minute at 20 p.s.i. for a duration of 2 hours, over and above maximum daily domestic demand. One hydrant flowing may be used to achieve the required fire flow. 2. Provide water mains, fire hydrants, and fire flows as required by the County of Los Angeles Fire Department for all land shown on map to be recorded. 3. All hydrants shall measure 6"x4"x2 1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. All hydrants shall be installed a minimum of 25 feet from a structure or protected by a two (2) hour fire wall. 4. All required fire hydrants shall be installed, tested, and accepted or bonded prior to final map approval. Vehicular access must be provided and maintained serviceable throughout construction. 5. Upgrade not necessary, if existing hydrant(s) met(s) fire flow requirements. 6. Access shall comply with section #902 of the Fire Code which requires all weather access. 7. Fire Department access shall be extended to within 150 feet to any exterior portion of all structures. 8. Where driveways extend further than 300 feet in length and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways which extend over 150 feet in length. 9. Vehicular access must be provided and maintained serviceable throughout construction to all fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. 10. Provide Fire Department or City approved street signs and building access numbers prior to occupancy. Page 5 of 5 Exhibit A