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HomeMy Public PortalAboutResolution 88-1424 PC" RESOLUTION 88- 1424PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY APPROVING ZONE VARIANCE 87 -893, CONDI- TIONAL USE PERMIT 87 -883 AND TENTATIVE TRACT MAP 43136, A REQUEST BY WESTCO LAND, INC. TO ALLOW THE DEVELOPMENT OF A SIXTEEN (16) UNIT RESIDENTIAL CONDO- MINIUM WITHOUT THE REQUIRED SIXTEEN (16) OFF- STREET GUEST PARKING SPACES FOR PROPERTY LOCATED AT 9809 LOWER AZUSA ROAD. The Planning Commission of Temple City does hereby re- solve: Section 1: Based upon a public hearing for a Zone Vari- ance, Conditional Use Permit and Tentative Tract Map to allow the development of a sixteen (16) unit residential condominium project less the required sixteen (16) off - street guest parking spaces for property located at 9809 Lower Azusa Road, the Planning Commission finds: ZONE VARIANCE 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of such property which do not generally apply to other properties in the same zone in that most other surrounding properties with single - family residences do not have an off - street guest parking space in addition to their required two -car garages; and 2. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated but which is denied to the property in question in that a similarly improved project across Golden West Avenue was granted a zone variance related to guest parking similar to this request; and 3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the adjacent property in that all other required development standards pertaining to setbacks height, lot coverage and open space would be met; and 4. That there are special circumstances as provided in Sec- tion 65906 of the California Government Code in that the proposal would not conflict with either the Zoning Code or the General Plan for the City of Temple City. Resolution No. 88- 1424PC Conditional Use Permit 87 -883 • Tentative Tract No. 43136 Zone Variance No. 87 -893 • • CONDITIONAL USE PERMIT Page 2 1. That the site for the proposed use is adequate in size, shape, topography and circumstances in that the site has 245 feet of street frontage on Lower Azusa Road and 350 feet of street frontage on Golden West Avenue for a total land area of approximately 85,750 square feet or 1.97 acres. Based upon the zoning and General Plan this land area would allow a total of twenty -three (23) dwelling units. The proposal involves sixteen (16) units; and 2. That the site has sufficient access to streets and high- ways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use in that Lower Azusa Road is a primary road with an 80 foot wide right -of -way and a 64 foot wide roadway, and Golden West Avenue is a local road with a 60 foot wide right -of -way and a 40 foot wide roadway surface; and 3. That the proposed use will not have an adverse effect upon the use, enjoyment or valuation of adjacent property or upon the public welfare in that the project has been de- signed with 10 and 15 foot yard setbacks and 15 foot rear yard setbacks, and is of architectural design to compli- ment the immediate vicinity. TENTATIVE TRACT MAP 1. The design and improvement of the proposed subdivision is consistent with the City's General Plan, Zoning and re- quirements of the State Subdivision Map Act. 2. The site is physically suitable for the proposed type of development and proposed density of development. 3. That the design of the subdivision and the type of im- provement will not conflict with the easements acquired by the public at large for access through or use of property within the proposed subdivision. 4. That the sewer discharge from the proposed subdivision would not result in a violation of existing requirements prescribed by the California Regional Water Quality Con- trol Board pursuant to Division 7 of the Water Code. Section 2. An Environmental Impact Report (EIR) has been prepared for this project and mitigation measures as recom- mended in said EIR have been incorporated herein, in accordance with the State CEQA Guidelines. Resolution No. 88- 1424PC Conditional Use Permit 87 -883 • Tentative Tract No. 43136 Zone Variance No. 87 -893 Page 3 Section 3. Accordingly, the Conditional Use Permit, Zone Variance, Tentative Tract Map are approved subject to the following conditions: CONDITIONAL USE PERMIT AND ZONE VARIANCE 1. That the proposed development is in substantial compliance with the submitted development plans date stamped November 25, 1987, and complies with all standard conditions of approval for Multiple Residential Development (Attachment "A"). 2. That a detailed landscape and irrigation plan be submitted prior to the issuance of building permits. Said plans shall include architectural treatment applied to the pri- vate driveway /fire lane in the form of stamped concrete or other similar treatment and be subject to the approval of the Planning Department. At least one tree shall be pro- vided for each dwelling unit; said trees shall consist of no less than sixteen (16) twenty -four inch (24 ") box -size trees. Street trees as required by the Maintenance Super- intendent shall be incorporated into the landscape plan. All yards shall be landscaped by the developer of the site. Said yard areas shall be maintained by the developer until the formation of a Homeowner's Association. 3. That all development standards applicable to condominium construction as defined in Section 9563 of the Temple City Zoning Code be adhered to at all times. 4. That "roll -up" type garage doors and automatic garage door openers be installed for each unit. 5. A six (6) foot high decorative solid masonry wall shall be constructed along the southerly, easterly, and northerly tract boundary lines per review and approval of the Commu- nity Development Director. Fences or walls shall not exceed three (3) feet in height within twenty (20) feet of Golden West Avenue. 6. "No Parking" signs or red curbing shall be provided to prohibit vehicles from parking on the cul -de -sacs and to comply with the Los Angeles Fire Code. 7. The project shall utilize appropriate glazing, roof, floor and wall insulation to meet interior noise levels so as to be in compliance with Title 25 of the California Adminis- trative Code. Resolution No. 88- 1424PC Conditional Use Permit 87 -883 • Tentative Tract No. 43136 Zone Variance No. 87 -893 Page 4 8. The project shall comply with the EPA's Noise Control Program (Part 204 of Title 40, Code of Federal Regula- tions) to control construction equipment noise. 9. Demolition and construction noise shall be controlled by limiting work on the site from 7 a.m. - 8 p.m. weekdays and 9 a.m. to 5 p.m. on Saturdays, Sundays and holidays. All trucks and motorized equipment shall have properly operating mufflers. 10. One or more of the following possible measures to mitigate vehicular headlight disturbances shall be incorporated into the project: landscaping, wing walls, eaves, build- ing orientation and window placement and /or design. 11. A developer's fee in the amount to be determined by the Temple City Unified School District shall be paid in full prior to the issuance of building permits to assist in the mitigation of any school enrollment impacts generated by this project. 12. A Park Development fee of $4,800 shall be paid in full • prior to the issuance of building permits. • TENTATIVE TRACT MAP 1. That this Tentative Tract Map shall expire 24 months from the date of approval. If the final map is not to be re- corded prior to the expiration date, the subdivider should apply in writing to the Community Development Director at least forty (40) days before the expiration date for an extension of time on the approval of the map. 2. That this Tentative Tract Map shall not become effective unless the request for Conditional Use Permit and Zone Variance is approved. 3. That all conditions associated with Conditional Use Permit 88 -898 and Zone Variance No. 87 -893 are hereby incorpo- rated by reference and made a part of this approval. The Conditional Use Permit and Zone Variance shall run concur- rently with the tract map and expire in 24 months from the approval of said map. 4. That a method for continual maintenance of the common areas shall be provided in the Covenants, Conditions and Restrictions (CC &R's) and that this document shall incor- porate maintenance provisions for parkways, perimeter block walls, driveways, and all yard areas determined by the City to be common yard areas. The CC &R's and provi- Resolution No. 88- 1424PC Conditional Use Permit 87 -883 • Tentative Tract No. 43136 Zone Variance No. 87 -893 • • Page 5 sions contained therein shall be subject to the review and approval of the Community Development Director, City Attorney and Planning Commission /City Council prior to the approval of the Final Map. 5. That the maintenance of the proposed project shall be kept in accordance with City standards. Once constructed, improvements shall be properly maintained to include land- scaping, private drives and perimeter walls to the satis- faction of the City. This could be achieved by the formation of a homeowner's association, comprised of the owners of the residential units, responsible for the main- tenance of the common areas. ENGINEERING 6. A preliminary soil report must be submitted to the Los Angeles County Public Works Department prior to approval of the final map. The report, based upon adequate test borings or excavations, shall describe any soil or geo- logic conditions which, if not corrected, might lead to structural damage or slope failure, and recommend action likely to prevent structural damage or slope failure. A soil expansion index test is required and shall be done in accordance with the procedures of UBC Std. No. 29 -2. 7. A grading plan must be submitted and approved prior to the approval of the final map. 8. Necessary support documents to comply with the following requirements must be approved to the satisfaction of the Los Angeles County Public Works Department prior to filing of the final map. a. Provide for the proper distribution of drainage. b. No building permits will be issued for lots subject to sheet overflow until the buildings are adequately protected. 9. The subdivider shall install separate house laterals to serve each building /lot in the land division. Installa- tion and dedication of main line sewers shall be necessary to meet this requirement. 10. The subdivider shall submit an area study to the Los Angeles County Department of Public Works to determine whether capacity is available in the sewerage system to be used as the outlet for the sewers in this land division. Resolution No. 88- 1424PC Conditional Use Permit 87 -883 • Tentative Tract No. 43136 Zone Variance No. 87 -893 • • Page,6 If the system is found to have insufficient capacity, the problem must be resolved to the satisfaction of the Los Angeles County Director of Public Works. 11. Construct a water system with appurtenant facilities to serve all lots in the land division. The system shall include fire hydrants of the type and location as deter- mined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domes- tic and fire flows. 12. There shall be filed with the Los Angeles County Public Works Department a statement from the water purveyor indi- cating that the water system will be operated by the pur- veyor and that under normal operating conditions, the system will meet the requirements for the land division, and that water service will be provided to each lot. 13. Easements shall be granted to the City, appropriate agency or entity for the purpose of ingress, egress, construction and maintenance of all infrastructure constructed for this land division to the satisfaction of the Los Angeles County Public Works Department. 14. A deposit is required to review documents and plans for final map clearance in accordance with Section 21.36.010(c) of the Los Angeles County Code. 15. Place a note on the final map to the satisfaction of the Los Angeles County Public Works Department indicating that this map is approved as a condominium project for sixteen (16) units. 16. It is recommended that the units of air space not be shown on the final map but be defined on the condominium plans to be recorded as a separate instrument. 17. Prior to final approval of the Tract Map, submit a nota- rized affidavit to the Los Angeles County Public Works Department, signed by all owners of record at the time of filing of the map with the County Recorder, stating that the proposed condominium buildings have not been construc- ted or that the buildings have not been occupied or rented and that said buildings will not be occupied or rented until after the filing of the map with the County Recorder. Resolution No. 88- 1424PC Conditional Use Permit 87 -883 • Tentative Tract No. 43136 Zone Variance No. 87 -893 • • Page 7 18. A final map prepared by, or under the direction of, a registered civil engineer or licensed land surveyor must be processed through the Los Angeles County Public Works Department prior to being filed with the County Recorder. 19. Private easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication until after the final map is filed with the County Recorder unless such easements are subordinated to the proposed grant or dedication. If easements are granted after the date of tentative approval, a subordin- ation must be executed by the easement holder prior to the filing of the final map. 20. Show the private driveways as lots and identify them as "Private Driveway and Fire Lane" on the final map to the satisfaction of the Community Development Director. 21. The pavement width on the private driveway serving the lots of the project should be a minimum of 26 feet to the satisfaction of the Los Angeles County Fire Department and the Community Development Director. 22. Remove all existing structures within 90 days of final map recordation and before issuance of building permits to the satisfaction of the Community Development Director. 23. A final guarantee will be required at the time of filing of the final map with the County Recorder. 24. Prior to submitting the final map to the Los Angeles County Public Works Department for his examination pursu- ant to Section 66442 of the Government Code, obtain clear- ances from all affected Departments and Divisions including a clearance from the Subdivision Section of the Land Development division of the Los Angeles County Department of Public Works for the following mapping items: mathematical accuracy, survey analysis, and cor- rectness of certificates, etc. 25. In lieu of establishing the final specific locations of structures on each lot at this time, the owner, at the time of issuance of a grading or building permit, agrees to develop the property in conformance with the Temple City Municipal Code and other appropriate ordinance such as the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordi- nance, Undergrounding of Utilities Ordinance, Water Ordi- nance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, and Fire Code. " " Resolution No. 88- 1424PC Conditional Use Permit 87 -883 Tentative Tract No. 43136 Zone Variance No. 87 -893 FIRE PROTECTION Page 8 26. Provide Los Angeles County Fire Department and City of Temple City approved building address numbers prior to occupancy. 27. Fire Department access shall extend to within 150 feet distance of any portion of structures to be built. 28. Provide water mains, fire hydrants, and fire flows as required by the County Forester and Fire Warden for all land shown on the map to be recorded. 29. All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construc- tion. 30. The required fire flow for public fire hydrants at this location is 1,250 gallons per minute at 20 psi for a dura- tion of two hours, over and above maximum daily domestic demand. Flow data for existing hydrants shall be pro- vided. BUILDING AND SAFETY 31. Permits are to be obtained for all demolition work. 32. All abandoned sewer lines are to be capped within 5 feet of the property line or as approved by the Building Offi- cial. PUBLIC WORKS 33. Curbs, gutters, sidewalks: Construct all curbs, gutters and sidewalks both public and private to meet Los Angeles County Public Works Dept. standards. Construct private street structures to LA County Public Works Dept. stan- dards. Landscape to back of sidewalk. Driveways to be abandoned shall be replaced with standard curb, gutter and sidewalk. Repair any broken or damaged curb, gutter, sidewalk and pavement on streets within or abutting the subdivision. Provide full width sidewalk at all walk returns. 34. Provide standard property line return radii of 13 feet as shown on the Tentative Map. " " Resolution No. 88- 1424PC Conditional Use Permit 87 -883 Tentative Tract No. 43136 Zone Variance No. 87 -893 Page 9 35. Street Lights: Recommend standard 5800 lumen HPSV street light on 25' marbelite pole be provided at the end of each cul -de -sac. 36. Street Trees: Plant four (4) 24" box size Cupancosis Anacardioides (Carrotwood) adjacent to Golden West Avenue and three (3) 24" box size Cupaniosis Anacardioides (Carrotwood) adjacent to Lower Azusa Road, subject to the satisfaction of the Maintenance Supervisor. 37. Surface Drainage: Adequate facilities shall be construc- ted to accommodate all surface runoff and contributory drainage. All runoff should be channeled or conducted into the storm drain catch basin in Golden West Avenue. 38. Sewers: Meet County Standards and Building Code require- ments for sewers for condominiums. Dedicate 10' wide sewer easement. Construct sewer main to serve all units and dedicate to City. 39. Underground Utilities: All utility lines shall be placed underground from the primary service point in public right -of -way to service panels or facilities on buildings. Submit to the Public Works Department a utility plan showing all underground pipes, conduits or lines. Utility services connecting to an existing power pole situated at the north east corner of the "Camellia Homes" project shall be placed underground, unless this is determined to be not feasible by the affected utility companies, the Public Works Coordinator and the Community Development Director. 40. Dedications: Dedicate a minimum 10' sewer main easement in private drive. Complete access rights on Lower Azusa Road shall be dedicated to the satisfaction of the Commu- nity Development Director. 41. Permits: Permits shall be obtained prior to commencement of any work in the public right -of -way. All work in public right -of -way shall meet L.A. County standards. 42. Prior to completion of the construction project, the Traffic Commission shall review the on- street parking situation adjacent to the site along Lower Azusa Road and Golden West Avenue. Resolution No. 88- 1424PC Conditional Use Permit 87 -883 • Tentative Tract No. 43136 Zone Variance No. 87 -893 • • Page 10 Section 4. The Secretary shall certify to the adoption of this Resolution. Chairman I hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temple City on the 24th day of May 1988, by the following vote: AYES: NOES: ABSENT: