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HomeMy Public PortalAboutResolution 05-2121 PCRESOLUTION 05 -2121 PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY APPROVING CONDITIONAL USE PERMIT 04 -1603 AND TENTATIVE PARCEL MAP 61338 TO ALLOW THE DEVELOPMENT OF A RESIDENTIAL CONDOMINIUM PROJECT WITH FOUR (4) ATTACHED UNITS FOR THE PROPERTY LOCATED AT 5534 SULTANA AVENUE (CHAN /KWOK/EGL ASSOCIATES, INC.) The Planning Commission of the City of Temple City does hereby resolve: SECTION 1. Based upon a public hearing for a Conditional Use Permit and Tentative Parcel Map as described above, the Planning Commission finds: CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size, shape, topography and circumstances in that the site has a width of 75 feet and a depth of 176.78 feet for a total land area of approximately 13,258.5 square feet. The proposal involves four (4) units; and 2. That the site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use • in that Sultana Avenue is a collector street with a 50 foot right -of -way and a 40 foot wide roadway; 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 designed within criterion established by the Zoning Code. The project has been designed with required 10 and 15 -foot side yard setbacks and a 15 -foot rear yard setback, and 3 parking spaces per dwelling unit. The density of the development project is 13.15 dwelling units per acre. TENTATIVE PARCEL MAP 1. That the design and improvement of the proposed subdivision is consistent with the City's General Plan and Zoning Code as well as the requirements of the State Subdivision Map Act, Sections 66473.5, 66474 and 66474.6; and 2. That the site is physically suitable for the proposed type of development and the proposed density of development; and 3. That the division and development of the property in the manner set forth on the map of Parcel Map 61338 shall not unreasonably interfere with the free and complete exercise of the public entity and /or public utility rights of way and /or easements within the Parcel • Map; and Resolution 05- 2121PC Conditional Use Permit 04 -1603 Tentative Parcel Map No. 61338 Page 2 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 Control Board pursuant to Division 7 of the Water Code. SECTION 2. This project is categorically exempt from CEQA requirements. SECTION 3. Accordingly, the Tentative Parcel Map and Conditional Use Permit are approved, subject to the following conditions: PLANNING 1. The proposed development is in substantial compliance with the submitted subdivision map and development plans date stamped January 20, 2005, except as modified herein. Specifically, a three foot wide landscape strip shall be provided along the south property line, adjacent to the driveway. The trash enclosure shall be relocated so as not to be visible from the street and at the terminus of the driveway along the east property line a decorative trellis shall be constructed with vines to be planted at the base of the trellis along with fast growing tall shrubs such as the American Arborvitae (botanical name: Thuja Occidentalis). Said shrubbery shall provide vertical growth as opposed to "ground cover ". 2. A detailed landscape and irrigation plan shall be submitted prior to the issuance of building permits. At least two trees shall be provided for each dwelling unit; said trees shall be no less than twenty -four inch (24 ") box -size trees. 3. All development standards applicable to multiple - family residential construction as defined in Section 9352 of the Temple City Zoning Code shall be adhered to at all times. 4. The front yard along Sultana Avenue, as well as any landscaped areas along the driveway, shall be planted and maintained until the dwellings are individually sold and continuously maintained thereafter. 5. A chain link security fencing six (6) feet in height shall be installed around the site prior to the demolition of existing structures. The chain link fence shall remain until the required permanent wall or fence is constructed. Any unoccupied dwelling shall be boarded and fenced so as to prevent vandalism. 6. A block wall or a decorative vinyl fence six (6) feet in height shall be provided around the perimeter of the site, except within the front 20 feet back from the Sultana Avenue property line prior to final map approval; in the front 20 feet back from the Sultana Avenue property line the maximum fence height shall be 36 inches. (The existing hedge along the side property lines shall be eliminated or brought into compliance with the maximum permitted height requirement of 36 inches in the front yard area.) Any existing block wall may be retained in lieu of providing a new block wall or fence, • • Resolution 05- 2121PC Conditional Use Permit 04 -1603 Tentative Parcel Map No. 61338 Page 3 subject to review by the Community Development Department. A building permit shall be obtained for the construction of any new block wall or decorative vinyl fencing; said new perimeter fencing shall be appropriately "engineered" for durability. Any proposed block wall shall be stuccoed to match the exterior of the proposed dwelling units. A grading and drainage plan shall be submitted and approved by Los Angeles County Public Works Department prior to installation of any new block wall or fencing. 7. The applicant/property owner shall maintain the subject property after this date and until start of construction and until the project is completed free of weeds, debris, trash or any other offensive, unhealthful and dangerous material. If after five days notice by certified mail, the developer does not comply with the before - mentioned criterion, the City Council may either cancel the Conditional Use Permit, Tentative Map, Building Permits, etc. and /or enter the subject property with City forces and remove all subject violations, bill the applicant and /or put a lien on the subject property. 8. Noise shall not exceed the limits of the City's noise ordinance. During any demolition and /or construction, noise will be controlled by limiting work on the site to 7:00 am through 6:00 pm, Monday through Saturday and by requiring all trucks and motorized equipment to have properly operating mufflers. No construction work shall occur on Sunday. • 9. The Park Development fees and the Sewer Reconstruction fee shall be paid to the City of Temple City prior to the issuance of building permits for any new construction. 10. All windows shall be double pane to mitigate noise impacts and assist in energy conservation. 11. Heating and air conditioning equipment shall be located so as not to be visible from public streets or adjacent properties in order to avoid disturbing adjacent tenants or property owners with noise or exhaust. ENGINEERING 12. Prior to the issuance of building permits, plans must be approved to: a. Eliminate sheet overflow and ponding. b. Provide for contributory drainage from adjoining properties. c. Provide for the proper distribution of drainage. • Resolution 05- 2121PC Conditional Use Permit 04 -1603 Tentative Parcel Map No. 61338 Page 4 13. That a method for continual maintenance of common areas shall be provided in the Covenants, Conditions and Restrictions (CC &R's) and that this document shall incorporate maintenance provisions for parkways, perimeter block walls, driveways, the exterior of all structures and all yard areas determined by the City to be common yard areas. Specifically, the CC &R's shall state that it shall be the responsibility of the Homeowner's Association to maintain the exterior of all buildings in a uniform color and conditions. The CC &R's shall specifically state that "No vehicular access gates shall be installed across the driveway unless reviewed and approved by the Planning Commission ". The CC &R's shall also prohibit the construction of structures in private yard areas or exclusive use areas, with the exception of patio covers; said patio covers shall require the permission of the Association. Additionally, the CC &R's shall include a provision that the City of Temple City, L.A. County Sheriffs Department and L.A. County Fire Department have authorization to fully enforce the "No Parking" prohibition in the designated fire lane, including issuing citations and towing of vehicles parked in said fire lane. The CC &R's and provisions contained therein shall be subject to the review and approval of the City Attorney prior to approval of the Final Map. 14. A grading plan and detailed soils engineering report must be submitted and approved by the Geology and Soils Section prior to approval of the final map to assure that all geologic factors have been properly evaluated. 15. A drainage plan must be submitted for review and approval to the Plan Checking Section of the Los Angeles County Department of Public Works prior to installation or posting of a bond for the perimeter block wall and prior to recordation of the final map. The drainage plan must demonstrate that the site will be free of flood hazard and provide for contributory drainage from adjacent properties. (The drainage plan and the grading plan may be submitted in combination.) 16. The subdivider shall install and dedicate a main line sewer and serve each building with a separate house lateral or have approved and bonded sewer plans on file with the Los Angeles County Public Works Department. 17. The subdivider shall submit an area study to the Los Angeles County Public Works Department to determine if capacity is available in the sewerage system to be used as the outlet for the sewers in this land division. If the system is found to have insufficient capacity, the problem must be resolved to the satisfaction of the Los Angeles County Public Works Department. A sewer improvement fee may be imposed to address an existing sewer capacity deficiency, which has been identified in this area. 18. The discharge of sewage from this land division into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. • • Resolution 05- 2121PC Conditional Use Permit 04 -1603 Tentative Parcel Map No. 61338 Page 5 • 19. That this Conditional Use Permit and Tentative Map shall expire 24 months from the date of approval. If the final map is not to be recorded prior to the expiration date, the subdivider may 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. The Map may be extended for up to five (5) years from the date of approval, at the discretion of the granting body. 20. Prior to the final map approval, the subdivider shall enter into an agreement with the City franchised cable TV operator to permit the installation of cable in a common utility trench. • 21. Construct or bond for a water system with appurtenant facilities to serve all buildings in the land division prior to recordation of the final map. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows. 22. There shall be filed with the Los Angeles County Public Works Department a statement from the water purveyor indicating that the water system will be operated by the purveyor 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 building. 23. 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 City Engineer. 24. A deposit is required to review documents and plans for final map clearance in accordance with Section 21.36.010(c) of the Subdivision Ordinance. 25. 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 residential condominium development for four (4) units. 26. Prior to final approval of the parcel map, submit a notarized 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 constructed or that the building has not been occupied or rented and that said building will not be occupied or rented until after the filing of the map with the County Recorder. 27. A final map prepared by, or under the direction of, a registered civil engineer or licensed land surveyor must be processed through the County of Los Angeles Department of Public Works prior to being filed with the County Recorder. Resolution 05- 2121PC Conditional Use Permit 04 -1603 Tentative Parcel Map No. 61338 Page 6 28. Private easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication to the City until after the final map is filed with the County Recorder unless such easements are subordinate to the proposed grant or dedication. If easements are granted after the date of tentative map approval, a subordination must be executed by the easement holder prior to the filing of the final map. 29. If signatures of record title interests appear on the final map, submit a preliminary title guarantee. A final guarantee will be required at the time of filing of the final map with the County Recorder. If said signatures do not appear on the final map, a preliminary title report/guarantee is needed that covers the area showing all fee owners and interest owners. The account for this preliminary title report/guarantee should remain open until the final map is filed with the County Recorder. 30. Prior to submitting the final map to the Los Angeles County Public Works Department for examination pursuant to Section 66442 of the Government Code, obtain clearances from all affected Departments and Divisions including a clearance from the Subdivision Section of the Building and Safety /Land Development Division of the Department of Public Works for the following mapping items: mathematical accuracy, survey analysis, and correctness or certificates, signatures, etc. 31. At the time of issuance of a building permit, the subdivider agrees to develop the property in conformance with the submitted plans, the City code and other appropriate ordinances such as the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utilities Ordinance, Water Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, and Fire Code. 32. A final guarantee will be required at the time of filing of the final map with the County Recorder. BUILDING AND SAFETY 33. Building permits are to be obtained for all demolition work. 34. Abandoned sewer lines are to be capped within five (5) feet of the front property line. 35. Each new dwelling must have a separate connection to the public sewer. FIRE PROTECTION 36. 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. • • Resolution 05- 2121PC Conditional Use Permit 04 -1603 Tentative Parcel Map No. 61338 Page 7 • 37. Provide Fire Department and City approved building address numbers prior to occupancy. 38. Fire Department access shall extend to within 150 feet distance of any portion of structures to be built unless waived by the Fire Department. 39. Provide a minimum of 20 feet of paved driveway width to serve as a private driveway - fire lane. Said driveway shall be noted on the final map and posted "NO PARKING- - FIRE LANE" and shall be maintained in accordance with requirements and standards of the Los Angeles County Fire Department. The Fire Lane shall be conspicuously posted with signage or red curb that meets the specifications of the Los Angeles County Fire and Sheriffs Departments and shall indicate that violators will be towed at owner's expense per the California Vehicle Code and the Temple City Municipal Code. Additionally, the CC &R's shall specifically grant a waiver which allows the City of Temple City, the L.A. County Sheriffs Department or the L.A. County Fire Department to enter upon the private property to enforce the "No Parking" prohibition in the designated fire lane. 40. Fire hydrant requirements are as follows: Install one public fire hydrant. If the existing hydrant meets the fire flow requirements, upgrade may not be required. Submit fire flow test results to the Los Angeles County Fire Department for approval. • 41. The required fire flow for public fire hydrants at this location is 1250 gallons per minute @ 20 psi for a duration of two hours, over and above maximum daily domestic demand unless as otherwise approved by the Los Angeles County Fire Department. 42. A site plan delineating the distances to the closest fire hydrants and a completed water purveyor form shall be submitted to the Los Angeles County Fire Department. The fire hydrant requirements shall be determined by the Los Angeles County Fire Department. 43. All hydrants shall measure 6" x 4" x 2 -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 unless as approved otherwise by the Los Angeles County Fire Department. 44. All required fire hydrants shall be installed, tested and accepted or bonded for prior to recordation of the final map. Vehicular access must be provided and maintained serviceable throughout construction. 45. Access shall comply with Section 10.203 - 10.206 of the Fire Code, which requires all weather access. All weather access requires paving. • Resolution 05- 2121PC Conditional Use Permit 04 -1603 Tentative Parcel Map No. 61338 PUBLIC WORKS Page 8 46. Curbs and gutter<.2' Replace northern driveway with new curb and gutter with a one foot asphalt patch in street and new sidewalk as may be required by the City's Maintenance Supervisor and the Los Angeles County Department of Public Works. Driveways to be abandoned shall be replaced with standard curb, gutter and /or sidewalk. Repair any broken or damaged curb, gutter and pavement on streets within or abutting the subdivision. 47. Street 1 ights• None required. 48. Street Trees. None required. 49. Surface Drainage. Provide all facilities necessary to accommodate contributory runoff and all surface drainage from the subject property and conduct it into appropriate storm drain facilities. No runoff shall be allowed to drain across a public sidewalk. 50. Underground Utilities. All utilities shall be provided underground from a primary service point in the public right -of -way or on a rear property line, to service panels or facilities on buildings. Prior to issuance of building permits, provide to the City's Public Services Maintenance Superintendent a detailed utility plan for review and approval showing all utility pipes, wires and conduits and their respective points of connection. Water meters shall be located outside of the public walkway. 51. Dedications. Dedicate a ten (10) foot wide sewer easement to the City for maintenance of the on -site main line sewer. 52. Sewers. Provide sewer main and separate laterals to serve each unit, as required by City Code. 53. Permits. Show on plot plan all right -of -way improvements from centerline of street to property line. Permits shall be obtained from the Los Angeles County Department of Public Works prior to commencement of any work in the public right -of -way. All work in the public right -of -way shall meet Los Angeles County Department of Public Works standards and be reviewed by the City's Public Services Maintenance Superintendent. 54. Disposal of Construction Waste. No construction activity waste material of any kind, including plaster, cement, paint, mud, or any other type of debris or liquid shall be allowed to be disposed of in the street or gutter, storm drain or sewer system. All debris spills shall be removed daily and the site shall incorporate dust control methods during demolition and construction. Failure to comply with this condition will result in charges being filed with the District Attorney. (TCMC 3400 - 3411). • • Resolution 05- 2121PC Conditional Use Permit 04 -1603 Tentative Parcel Map No. 61338 Page 9 • 55. Solid Waste Manag went• Prior to issuance of Certificate of Occupancy, provide a written report to the City's Public Services Maintenance Superintendent showing description and quantity by weight of all construction and demolition debris and method and location of disposal. Solid waste includes asphalt, concrete, brick, sand, earth, wood, plaster, drywall, paper, cardboard, wire, plastic, etc. Total quantities and general categories are required for all waste material, including weight tickets. 56. Stormwater Pollution. The subdivider shall meet all requirements of the National Pollutant Discharge Elimination System (NPDES) related to pollutants, runoff or non- stormwater discharges (TCMC 8100- 8405). • SPECIAL REQUIREMENTS 57. The building construction plans on each lot shall include a blue -line sheet(s) showing each page of this Resolution, including all conditions of approval contained herein. 58. All existing structures on the subject site shall be removed prior to recordation of the final map. The existing tree, located in the front yard under the power lines, shall also be removed. 59. No building permits shall be issued until the final map has been recorded. Demolition permits for site clearance and grading permits may be issued at any time. 60. In completing the drainage and /or grading plan, the Planning Commission shall review, at a noticed public hearing, any proposed drainage plan if more than 12 inches of fill is proposed on the subject property. 61. There shall be installed a separate water meter for each dwelling unit as well as a separate meter for common irrigation, if applicable. 62. The legal description on the final parcel map shall be reviewed and approved by the Land Development Division of the Los Angeles County Department of Public Works. 63. Provide decorative brickwork or interlocking pavers on the proposed driveway to the satisfaction of the Community Development Department. "Grasscrete" or landscape pavers shall be utilized to the extent possible so as to increase the permeable area on the lot and increase the amount of landscaping. More specifically, grasscrete or turf- block shall be utilized immediately parallel to driveway landscaping and /or 'in the designated guest parking spaces. 64. The conditions of approval contained in this Resolution may be enforced by the Sheriffs Office as well as City staff. Any violation of any condition is a misdemeanor and may be processed directly by criminal complaint. Resolution 05- 2121PC Conditional Use Permit 04 -1603 Tentative Parcel Map No. 61338 Page 10 65. This Resolution shall not become valid until all responsible parties have signed • and agreed to the aforementioned condition of this Resolution. SECTION 4. The Secretary shall certify to the adoption of this Resolution. I hereby certify that the foregoing Resolution was adopted by the Planning Commission of the City of Temple City at a regular meeting held on the 8th of February 2005, by the following vote: AYES: NOES: Commissioner - ABSENT: Commissioner- Blum, Seibert, Le Berthon, Yu, Griffiths .1/4/1/‘-'l,6& 6 Secretary READ AND APPROVED AND CONDITIONS ACCEPTED: Gra e Kwok, Property Owner Sunny Chan, Prdperty Owner Hank Jong, Applicant/Engineer Date (V7 Z .2_3/iai_. Date Date • •