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,
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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.
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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.
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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.
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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.
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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.
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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).
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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).
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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_.
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