HomeMy Public PortalAbout06) 7E FINAL MAP 10 UNITAGENDA
ITEM 7.E.
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: December 18, 2012
MEMORANDUM
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manager(,
Via: Paul Deibel, Community Development Project Manager
By: Hesty Liu, Associate Planner
SUBJECT: FINAL SUBDIVISION
PROPOSED 10 -UNIT
AVENUE
RECOMMENDATION:
The City Council is requested to:
MAP APPROVAL FOR TRACT NO. 71721, A
CONDOMINIUM PROJECT AT 5549 SULTANA
a) Make findings as enumerated in the attached letter from the County of Los Angeles
Department of Public Works (Attachment "A");
b) Accept and approve the associated work agreements and improvement securities
for road and sanitary sewer improvements (Attachment `B");
c) Approve the final subdivision map for Tract No. 71721 and accept dedications as
indicated on the map; and
d) Authorize the City Clerk to certify the approval of the final map for Tract No. 71721
BACKGROUND:
1. On November 17, 2011, the City received an application proposing a residential
condominium subdivision project providing for development of 10 detached dwelling
units at 5549 Sultana Avenue.
2. On January 19, 2012, City staff held a subdivision meeting with the property
owner/developer, the developer's engineer, and staff from the County of Los
Angeles Department of Public Works to review conditions recommended for the
proposed development.
City Council
December 18, 2012
Page 2
3. On March 13, 2012, subsequent to a noticed public hearing, the Planning
Commission reviewed and recommended to the City Council that it adopt a Negative
Declaration and approve Conditional Use Permit 11-1796 and the tentative
subdivision map for Tract No. 71721 (Attachment "C"), subject to the recommended
conditions of approval.
4. On April 17, 2012, the City Council conducted a public hearing to review the
proposed project. In response to concerns expressed by members of the public, the
Council directed staff to provide additional information and analysis concerning
parking and traffic impacts of the project. The item was continued to the Council's
next regular meeting.
5. On May 1, 2012, subsequent to a continued public hearing, the City Council
approved Conditional Use Permit No. 11-1796 and the tentative subdivision map for
Tract No. 71721 to allow the proposed construction of a ten -unit condominium
development subject to the specified conditions of approval (Attachment "D").
6. On November 1, 2012, the County of Los Angeles Department of Public Works
made the determination that the content of the final subdivision map for the project,
together with the provisions for its design and improvement, was consistent with
state Subdivision Map Act requirements; and that the applicant has provided the
work agreements and security improvements for the project as necessary to meet
the tentative tract conditions for street and sanitary sewer improvements
(Attachment "A").
ANALYSIS:
The proposed project is consistent with the land use designation of the site and with the
City's development standards. The site is zoned for multiple -family residential
development and the land area is large enough to accommodate ten detached
condominium dwelling units (Attachments "E" and "F).
The tentative subdivision map for this project was approved by the City Council
subsequent to a noticed public hearing, and the County of Los Angeles Department of
Public Works advises that applicable conditions of the tentative map approval for street
and sanitary sewer improvements have been satisfied in a manner consistent with the
provisions of the Subdivision Map Act and pertinent state statutes.
The City Attorney's office has reviewed the proposed Covenants, Conditions and
Restrictions ("CC&R's") that will govern the operation of the homeowner's association for
the development, and recommends no changes. Staff has reviewed the conditions of
tentative tract map and conditional use permit approval for the project, and determined
that all conditions that must be met prior to approval of the final tract map have been met.
City Council
December 18, 2012
Page 3
The final subdivision map for Tract No. 71721 is therefore ready for approval and
recordation (Attachment "G"). Recordation of the final map for Tract No. 71721, in
conjunction with the developer satisfying all applicable conditions of Conditional Use
Permit 11-1796, would allow the developer to obtain building permits and start project
construction.
CONCLUSION:
Staff recommends that the City Council approve the final subdivision map for Tract No.
71721 and accept the dedications indicated on the map and the work agreements and
improvement securities for road and sanitary sewer improvements required for the
project.
FISCAL IMPACT:
Approval of this item will not have an impact on the City's budget for Fiscal Year (FY)
2012-13.
ATTACHMENTS:
A. Letter from Los Angeles County Department of Public Works Department dated
November 1, 2012
B. Copy of security agreements for sewer and road improvements
C. Planning Commission Resolution No. 12-2343 PC
D. Staff report to City Council dated May 1, 2012
E. Vicinity Map
F. Land Use Map
G. Reduced copy of final subdivision map for Tract No. 71721
GAIL FARBER, Mrector
November 1, 2012
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
"To Enrich Lives Through Effective and Caring Service"
The City Council
City of Temple City
9701 East Las Tunas Drive
Temple City, CA 91780-0668
Dear Council Members:
TRACT NO. 71721
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephooe.(626) 458.5 100
htip://dpw,lacounty.gov
Attachment A
ADDRESS ALL CORRESPONDENCE TO.
P O. BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460
IN REPLY PLEASE
REFER TO FILE LD -2
As the City Engineer, I have reviewed Tract No. 71721 and determined that the map is
ready for your approval and acceptance.
The enclosed agreements and improvement securities are being transmitted for your
approval and acceptance to satisfy requirements for the filing of this map.
IT IS RECOMMENDED THAT YOUR COUNCIL:
1. Make findings as follows:
a. That this project will not violate any of the provisions of Sections 66474,
66474.1, and 66474.6 of the Subdivision Map Act.
b. That the proposed subdivision, together with the provisions for its
design and improvement, is consistent with the general plan required
by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1
of the Government Code or any specific plan adopted, pursuant to
Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of
the Government Code.
C. That the development of the property in the manner set forth on the
subject division of land will not unreasonably interfere with the free and
complete exercise of any public entity and/or public utility rights of way
and/or easements within the subject division of land, pursuant to
Sections 66436(a) 3A (i -viii) of the Subdivision Map Act.
2. Approve the final map for Tract No. 71721.
The City Council
November 1, 2012
Page 2
3. Accept dedications as indicated on Tract No. 71721.
4. Approve and accept the following work agreements and improvement
securities after they have been examined and approved by the City Attorney:
a. An agreement to construct road improvements and sanitary sewers. A
cash security was deposited with the County of Los Angeles Department
of Public Works for your City on September 10, 2012, $98,700 for faithful
performance and $49,350 for labor and materials.
5. Instruct the City Clerk to endorse on the face of Tract No. 71721 the
certificate that embodies the approval of the map and acceptance of
dedications shown thereon.
Please sign the enclosed original tracing and return it to Public Works'
Land Development Division, Subdivision Mapping Section, for processing and filing with
the Registrar-Recorder/County Clerk's office.
Very truly yours,
PAIL FARBER
'City Engineer
FP:tb
PALDPLIMSUBMAPPINIMCITY COUNCIL LTR\TR71721-TC
Enc.
cc: City Clerk
Attachment B
CITY ENGINEER AND
SUPERINTENDENT QF STREETS
MULTIPLE AGREEMENT
For Tract/PereeM Map No. 71721
THIS AGREEMENT, made and entered into 4JA4J— 2a 20 12 , by and between the
CITYOF TEMPLE CITY
State of California, acting by and through it's City Council, hereinafter called the CITY, and
DEXTER SULTANA, LLC
(Name)
11819 GOLDRING ROAD, UNIT C, ARCADIA, CA .91006
(Address)
hereinafter called the SUBDIVIDER.
WITNESSETH:
FIRST: The SUBDIVIDER for and in consideration of the approval of the final map of that certain land
division known as Tract/Peieet Map Nq. 71721 hereby agrees, at the SUBDIVIDER's own cost and
expense, to furnish all labor, materials and egbipment necessaryto perform and complete, and within twenty-
four (24) months from the date of filing of said map, to perform and complete In a good and workmanlike
manner, for the CITY where applicable, the following improvement(s) and/or work checked below, to wit
[ ] A 5 -foot CHAIN LINK FENCE per latest revision of Standard Plan for Public Works
Construction
No. 600 at the rear and/or side of lotslparcels
(inclusive) adjacent to . The estimated cost of this work is the sum
Of
dollars ($ 1•
()
ACOMBINATION MASONRYWALLAND CHAIN LINK FENCE per County Engineer Standard
D-63 at the rear and/or side of lots/parcels
-- (inausive ),adjadent to The estimated cost of this work is the sum
of
dollars ($ �•
j ] A 5 -foot MASONRY WALL per County Engineer Standard D-155 at the rear and/or side of
lots/parcels (inclusive) adjacent to
The estimated cost of this work is.the sum of
dollars ($
Page 13-29
[ ] CORRECTIVE GEOLOGIC IMPROVEMENTS. Said work shall be done under the provisions
of applicable City Codes. The estimated cost of this work is the sum of
dollars ($
[ ] DRAINAGE FACILITIES and appurtenances thereto. The estimated cost of this work is the
sum of
dollars ($
pQ SANITARY SEWERS and appurtenances thereto, under Private Contract No. 11 — 3 ,
in streets and/or rights of way. In addition, SUBDIVIDER hereby offers said improvement for
dedication. The estimated cost of this work is the sum of
SIXTY FIVE THOUSAND ONLY
dollars($ 65,000.00
[ ] STORM DRAINS and appurtenances thereto under Private Drain No.
in streets and/or rights of way. In addition, SUBDIVIDER hereby offers said improvement for
dedication. The estimated cost of this work is the sum of
dollars ($
[ ] Setting of SURVEY MONUMENTS and tie points and furnishing to the City Engineer tie notes
for said points, according to the provisions of the applicable City Ordinance or Codes
regulating division and mapping of land, and paying the surveyor or engineer of record or his
authorized substitute for the work performed by him as provided for in Division 2 Chapter 4,
Article 9, of Title 7 of the Government Code (the Subdivision Map Act). The estimated cost of
this work is the sum of
dollars ($
[ ]' WATER SYSTEM FACILITIES including pump stations, water tanks, water mains, water wells,
fire hydrants, and all other appurtenances thereto, in dedicated public streets, private streets
and easements, in accordance with plans and specifications consistent with the design
requirements and standard specifications governing the installation of water systems on file
in the office of the City Engineer. The estimated cost of this work is the sum of
dollars ($
Page 13-30
[ j ROAD IMPROVEMENTS in accordance with the Road Plans forsaid land division filed in the
office of the Superintendent of Streets and to do all work incidental thereto according to the
Standard Specifications for Public Works Construction, as amended, which are hereby made
a part of this agreement. The estimated cost of this work and improvements is the sum of
THIRTY THREE THOUSAND SEVEN HUNDRED ONLY
dollars ($ 33,700.00 ).
[ j STREET TREE IMPROVEMENTS in accordance with the Road Plans for said land division
filed in the offioe of the Superintendent of Streets and to do all work incidental thereto
according to the Standard Specifications for Public Works Construction, as amended, which
are hereby made a part of this part of this agreement. The estimated cost of this work and
improvements is the sum of
The estimated cost of this work Is the sum of
The estimated cost of this work is the sum of
dollars ($
dollars ($
dollars ($ ).
The above-mentioned improvement(s) to be constructed within and without the boundaries of said land division
according to plans and/or applicable standards on file in the office of the City Engineer, Superintendent of
Streets and/or other city official as applicable and hereby made a part of this contract as fully as though set forth
herein. That said work shall be done under the inspection of, and to the satisfaction of, the City Engineer,
Superintendent of Streets, and/or other city official as applicable, and shall not be deemed completed until
approved and accepted as completed by the CITY. The SUBDIVIDER, his/her contractor(s), representatives,
and agents shall be responsible for the Operation, maintenance and repair of the above improvements until
accepted by the City. Said acceptance of the improvement(s) shall also constitute acceptance of any offer of
dedication contained herein.
SECOND; That the CITY shall not, nor shall any officer or employee thereof, be liable or responsible
for any accident, loss or damage happening or occurring to the work specified in this agreement prior to the
completion, approval, and/or acceptance of same; nor shall the CITY, nor any officer or employee thereof, be
liable for.any persons or property injured by reason of the nature of said work or by reason of the acts or
omissions of the SUBDIVIDER, his agents oremployees, in performance of said work. Al of said liabilities shall
be assumed by the SUBDIVIDER. The SUBDIVIDER further agrees to indemnify, defend and save harmless
the CITY, its agents, officers and employees from and against any and all liability, expense, including defense
costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily
injury, death, personal injury, or property damage arising from or connected with the SUBDIVIDER's operations,
or its services hereunder, including any workers' compensation suits, liability, or expense, arising from or
connected with services by any person pursuant to this agreement, or arising out of the use of any patent or
patented article in the construction of said work.
Page 13-31
THIRD: The SUBDIVIDER hereby grants to the CITY, the Surety upon any Bond, the financial
institution of any improvement security, and to the agents, employees, and contractor of the irrevocable
permission to enter upon the lands of the subject land division for the purpose of completing the improvement.
This permission shall terminate In the event that the SUBDIVIDER, financialinstitution, or the Surety has
completed the work within the time specified or any extension thereof granted by the CITY.
FOURTH: It is further agreed that the SUBDIVIDER will at all times from the approval of said land
division to the completion and acceptance of said work or improvements by the CITY, give good and adequate
warning of each and every dangerous condition caused by the construction of said improvements and will
protect.the traveling public therefrom.
FIFTH: It is further agreed that the SUBDIVIDER shall have such control of the ground/area reserved
for the installation of such work, and the streets in which they are to be placed, as is necessary to allow him to
carry out this agreement.
SIXTH: The SUBDIVIDER hereby agrees to pay forthe inspection of such work and improvements as
may be required by the City Engineer, Superintendent of Streets, and/or other city official.
SEVENTH: The SUBDIVIDER shall give notice to the CltyEngineer,Superintendent ofStreets, arid/or
other city official at least 24 hours before beginning any work.and shall fumish.said officials all reasonable
facilities for obtaining full information respecting the progress and manner of work.
EIGHTH: The SUBDIVIDER agrees to grant to the CITY such easements as are necessary for the
upkeep and maintenance by the CITY of the improvements agreed to be constructed herein.
NINTH: The SUBDIVIDER shall perform any changes or alterations in the construction and installation
of such improvements required by the CITY, provided that all such changes or alterations do not exceed ten
percent of the original total estimated cost of such improvements. Said cost to be home by the SUBDIVIDER.
TENTH: The SUBDIVIDER shall guarantee such improvements for a period of one year following the
completion by the SUBDIVIDER and acceptance by the CITY against any defective work or labor done, or
defective materials furnished, in the performance of this agreement by the SUBDIVIDER.
ELEVENTH: The SUBDIVIDER hereby agrees that all work on any city highway, which existed prior
to the filing of said map, shall be completed in accordance with the terms and provisions of applicable City
Ordinance or Codes. Said Ordinance or Code requires, In part, that once work is commenced, it shall be
prosecuted in a diligent and workmanlike manner to completion. If the CITY determines that the SUBDIVIDER
has failed to perform as therein specified, the CITY reserves, the right to exclude the SUBDIVIDER from the site
and complete the work contemplated by city forces or by separate contract, The SUBDIVIDER further agrees
to reimburse the CITY for all chargesaccruing as a result of such construction by city forces or separate
contract
TWELFTH: It is further agreed that the SUBDIVIDER has filed with the CITY, an acceptable and
sufficient improvement security in an amount not less than the estimated cost of the work and improvements,
as above specified, for the faithful performance of the terms and conditions and guarantees of this agreement
and has also deposited with the CITY a good and sufficient payment security for labor and materials in the
amount prescribed by law tozecure the claims to which reference is made in Title 15 (commencing with Section
3082) of Part 4, Division 3 of the Civil Code. If said improvement security or payment security becomes
insufficient in the opinion of the CITY, the SUBDIVIDER agrees to renew said improvement security and/or
payment security with good and suffidient improvement security and/or payment security within ten days after
receiving demand therefor.
Page 13-32
THIRTEENTH: If the SUBDIVIDER neglects, refuses, orfails to prosecute the work Wth such diligence
as to insure its completion within the time specified, or within such extensions of said time as have been granted
by the CITY, or if the SUBDIVIDER violates or neglects, refuses, or fails to perform satisfactorily any of the
provisions of the plans and specifications, he shall be in default of this agreement and notice in writing of such
default shall be served upon him and upon any Surety or financial institution in connection with this contract.
The City Engineer, Superintendent of Streets, and/or other city official, shall have the power to terminate all
rights of the SUBDIVIDER in such contract, but said termination shall not affect orterminate any of the rights
of the CITY as against the SUBDIVIDER, financial institution, or surety then existing or which thereafter accrue
because of such default. The determination by the CITY of the question as to whether any of the terms of the
contract or specifications have been violated, or have not been performed satisfactorily, shall be conclusive
upon the SUBDIVIDER, his Surety, and any and all other parties who may have any interest in the contract or
any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies
available to the CITY under law.
FOURTEENTH: In case suit is brought upon this contract, the SUBDIVIDER hereby agrees to pay to
the CITY reasonable attorney's fees to be.fixed by the Court.
FIFTEENTH: It is further agreed by and between the parties hereto, including the Surety or Sureties
on any Bond attached to this contract or the financial institution guaranteeing the improvement security, that
in the event it is deemed necessary by the CITY to extend the time of completion of the work contemplated to
be done underthis contract, said extension may be granted by the CITY either at its own option or upon request
of the SUBDIVIDER, and shall in no way affect the validity of this contract or release the Surety or Sureties on
any Bond attached hereto or the financial Institution guaranteeing the improvement security. SUBDIVIDER
further agrees to maintain said improvement security and payment security in full force and effect during the
terms of this agreement, including any extensions of time as may be granted therein.
SIXTEENTH: Before the SUBDIVIDER files the final sanitary sewer plans, under conditions approved
by the CityEngineer, the SUBDIVIDER may file preliminary sanitary sewer plans. Such preliminary plans, after
approval by the City Engineer, maybe submitted to meet the requirements for clearance of the final map. The
SUBDIVIDER agrees to make such changes in the preliminary sanitary sewer plans as maybe required by the
City Engineer and to replace said preliminary plans with final sanitary sewer plans, approved by the City
Engineer, before the SUBDIVIDER can apply for a constructionrinspection permit.
SEVENTEENTH: It is further agreed by and between the parties hereto that this contract firmly binds
the parties, their heirs, executors, administrators, successors or assignees, jointly and severally.
IN WITNESS thereby, SUBDIVIDER has affixed his/her name and seal.
DEXTER SULTANA, LLC
(Seal) B7: P2)x•i Rest r-WQ/G� T
By_.
CHARLES HUANG Presf¢enk
By
Note: All signatures must be acknowledged
before a notary public. (Attach appropriate
acknowledgment jurats.)
Received on behalf of the
Cityof TEMPLE
bynti�tyEnin,
Deputy
Date: tI ( t-k—
Approved as to form
CITY ATTORNEY
0
Page 13-33
Deputy
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los AAf d e,.r
On Ath11c4 Z7-rZ0lzbefore me, rrne- /A Pg c A d r22 a nokrnr�
(Here insert name and title of the officer)
personally appeared G V \a. T fie, S H 0. an 0
who proved to me on the basis of satisfactory evidence to be the personXwhose name &ire subscribed to
the within instrument and acknowledged to me that fi` 6tlaey executed the same in f /13er/tbeir authorized
capacity, and that by t�i�/fir signature on the instrument the person , or the entity upon behalf of
which the personyaeted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
Commission • 1930926
WITNESS my hand and official seal. LOW diliRllfl Notary Public - California s
Los Angeles County
My Comm. Expires Mar 31, 2015
Signature of Notary Public j / (NotarySeal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
C lkI l^Jy Aear Nn� rjv,Qa r, A � Gtr de.Af p(
(Title or description of attached document)
reefS Mot Ik%pIG Ac)reemeNk
(Title or description of attached document continued)
Number of Pages S Document Date Nli 2DIb
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer) Please check the
document careiallyfor proper notarial wording and attach Ibis form ifrequired.
• Stale and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the camels) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they- is tare) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number ol'pages and dale.
Indicate the capacity claimed by the signer If the claimed capacity is a
corporate officer. indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
(Title)
❑
Paitner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer) Please check the
document careiallyfor proper notarial wording and attach Ibis form ifrequired.
• Stale and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the camels) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they- is tare) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number ol'pages and dale.
Indicate the capacity claimed by the signer If the claimed capacity is a
corporate officer. indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
COUNTY OF LOS ANGELES
PUBLIC iNORKS DEPARTMENT OF PUBLIC WORKS
w,"01
RECEIPT
DATE / TIME: 9/10/2012 10:25:02 AM
No: LR542728
AMOUNT: $97,500.00
FROM:
Dexter Sultana, LLC Tract No. 071721, Sewer Improvement Faithful Performance
► and Labor and Material Security
PAYMENT TYPE.
AMOUNT: DATE:
U CHECK/ MONEY ORDER
$97,500.00 19/10/2012
U CASH
0 00
CREDIT- VISAIMASTER CARD
0.00 .
MCREDIT-DISCOVER
000 ,
Total: $97,500 00
CHECK#:
000147208
PAYMENT FOR:
► Sewer improvement faithful peformance ($65,000) and labor and material ($32,500) improvement security.
ADDITIONAL INFORMATION:
► Dexter Sultana LLC
11819 Goldring Road, Unit C
Arcadia, CA 91006
(626)263-3588
PREPARED BY:
► Sirnes, Daniel
FILL IN THE FOLLOWING IF AVAILABLE
FUND: BSA; RS 1 OBJECT. PROJ 1 FUNC' ACTIVI TY UNIT'
V09 7752
DEPOSIT PERMIT No.(DP#):
AMOUNT:
-��_- $97,500.00
Total: 1$97,500.00
Pagc 1 of 1
http://apps.intranet/finsys/dra/print.aspx?oid=LR542728&action=printcopy 09/10/2012
COUNTY OF LOS ANGELES
PUBLIC WORKS] DEPARTMENT OF PUBLIC WORKS
wRECEIPT
DATE / TIME: 9/10/2012 10:30:50 AM
No: LR542730
------------ - I
AMOUNT: $50,550.00
FROM:
Dexter Sultana, LLC, Tract No. 071721, Road Improvement Faithful Performance
► and Labor and Material Security.
PAYMENT TYPE:
AMOUNT. DATECHECK#:
M CHECK/ MONEY ORDER
$50,550.00 19/10/2012 1000147208
MCASH
0.00
CREDIT- VISA/MASTER CARD
000 �.
EICREDIT- DISCOVER
00t1
Total:
$50,550 00
PAYMENT FOR:
► Road Improvement Faithful Performance ($33,700) and Labor and Material ($16,850) Security for Tract No. 071721,
ADDITIONAL INFORMATION:
► Dexter Sultana, LLC
11819 Goldring Road„ Unit C
Arcadia, CA 91006
(626)263-3588
PREPARED BY:
►Shoes, Daniel
FILL IN THE FOLLOWING IF AVAILABLE
FUND BSA / RS / OBJECT: PT: J FUNC, ACTIVITY UNIT
`TF2 .—._..--...._. 7704 ---- ---------__�. __..
DEPOSIT PERMIT No.(DP#):
AMOUNT:
$50,550.00
Total: $50,550.00
Page 1 of 1
http://apps.intranedflnsys/dra/print.aspx?oid=LR542730&action=printcopy 09/10/2012
RESOLUTION NO. 12-2343 PC Attachment C
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMPLE CITY RECOMMENDING APPROVAL OF CONDITIONAL USE
PERMIT 11-1796 AND TENTATIVE TRACT MAP 71721 TO ALLOW THE
DEVELOPMENT OF A RESIDENTIAL CONDOMINIUM PROJECT WITH
TEN (10) UNITS FOR THE PROPERTY LOCATED AT 5549 SULTANA
AVENUE. THE SUBJECT SITE IS ZONED R-3 AND IS DESIGNATED AS
HIGH-DENSITY RESIDENTIAL BY THE GENERAL PLAN (DEXTER
CORPORATION/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 Tract 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 frontage of 120 feet and a depth of 330.12 feet
with a total land area of approximately 31,765± square feet. The proposal involves
the construction of ten (10) units which is in conformance with the allowable
density of the R-3 zone; 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 the site is accessed from Sultana Avenue which is a regular
residential collector street with a 50 -foot right-of-way and 40 foot wide roadway;
and
3. That the proposed project will not have an adverse effect upon the use, enjoyment
or valuation of adjacent property or upon the public welfare in that the site is zoned
for multiple -family residential development and the project will comply with the
development standard established by the Zoning Code as well as the density
designation prescribed by the General Plan.
TENTATIVE TRACT 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
Resolution 12-2343PC
Conditional Use Permit 11-1796
Tentative Tract Map No. 71721
Page 2 of 12
3. That the division and development of the property in the manner set forth on the
map of Tentative Map 71721 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 Tract Map; and
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 should not result in significant effects upon the
environment, and a Negative Declaration has been prepared and the Planning
Commission recommends that a Negative Declaration should be adopted by the City
Council in accordance with the State CEQA Guidelines. The initial statement as
prepared indicates that there is no potential for adverse impact to the environment as it
relates to all wild animals, birds, plants, fish, amphibians and related ecological
communities, including the habitat upon which the wildlife depends for its continued
viability.
SECTION 3. Accordingly, Tentative Tract Map 71721 and Conditional Use Permit
11-1796 are hereby recommended for approval by the City Council, subject to the
following conditions:
PLANNING
1. The development shall be in substantial compliance with the submitted subdivision
map dated January 19, 2012 and development plans dated January 24, 2012 by
the City of Temple City Community Development Department, except as modified
herein after.
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 specimen trees. If
applicable, the landscape plan shall incorporate vine pockets at the terminus of the
driveway planted with fast-growing vines, such as creeping fig.
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 and side years facing Sultana Avenue, as well as any
landscaped areas along the private driveway shall be planted and maintained until
the dwellings are individually sold and continuously maintained thereafter.
Resolution 12-2343PC
Conditional Use Permit 11-1796
Tentative Tract Map No. 71721
Page 3 of 12
5. At least forty percent (40%) of the lot area shall be permeable; these areas may
be maintained with landscaping, appropriate ground cover, permeable pavers,
grasscrete or other acceptable pervious materials, but may not be covered with
structures, concrete or asphalt. Furthermore, interlocking pavers and grasscrete
shall be utilized where indicated on the project plans.
6. A chain link security fencing six (6) feet in height shall be installed around the site
prior to the demolition of existing structures. Any unoccupied structure shall be
boarded and fenced so as to prevent vandalism.
7. A screening wall shall be constructed around the perimeter of the site provided that
said wall does not interfere with the natural flow of drainage; said wall shall consist
of solid decorative block fencing which does not disrupt or alter the drainage
pattern. Any new block wall shall be slump stone, split face or stucco -over CMU
block. Chain link or wood fencing shall not be allowed. The maximum fence or
wall height shall be six (6) feet along the side or rear property lines.
8. A building permit shall be obtained for the construction of any new wall or fence.
Any existing wall or fence may be maintained, if deemed acceptable by the City's
Building Inspector. Prior to the installation of any new wall or fence, a grading and
drainage plan shall be submitted and approved by the Los Angeles County
Department of Public Works. No new wall or fence shall block contributory
drainage from adjacent properties or interfere with the natural drainage
pattern.
9. 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 void 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.
10. 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.
11. The Park Development fees of $500 and the Sewer Reconstruction fee ($25,000)
shall be paid to the City of Temple City prior to the issuance of building permits for
any new construction.
Resolution 12-2343PC
Conditional Use Permit 11-1796
Tentative Tract Map No. 71721
Page 4 of 12
12. Based upon an assumed traffic generation factor of 10 trips per day per dwelling
unit, the proposed development will require 6.8 credits per additional dwelling unit
being added. This project will result in nine (9) additional dwelling units. Based
upon an estimated value of $55 per credit, a Congestion Management Program
fee shall be paid in the amount of $3,366 prior to the issuance of building permits.
13.As provided for in Government Code Section 66020, applicant has ninety days
from the date this project is approved to protest the imposition of any fees,
dedications, reservations, or exactions imposed on the project for the purposes of
defraying the costs of public improvements, services or amenities. This condition
shall serve as the notice the City is required to provide applicant under Section
66020(d)(1).
14.All windows shall be double pane to mitigate noise impacts and assist in energy
conservation.
15. 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.
16.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, drainage devices in the common area, 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 the following: a) "it shall be the responsibility of the
Homeowner's Association to maintain the exterior of all buildings in a uniform color
and conditions" b) "no vehicular access gates shall be installed across the
driveway" c) "no structures shall be built in private yard areas or exclusive use
areas, with the exception of patio covers, which shall be subject to review and
approval of the City of Temple City so as to ensure that at least 40 percent of the
lot area remains permeable and that all applicable setbacks are adhered to" d) "the
City of Temple City, L..A. County Sheriffs Department and L.A. County Fire
Department shall have the authorization to fully enforce the "No Parking"
prohibition in the designated fire lane(s), including issuing citations and towing of
vehicles parked in said fire lane(s)", and (e) "these CC&R's shall not be changed
or modified without the written consent of the City of Temple City". 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.
ENGINEERING
17. Prior to approval of the Final Map or the issuance of building permits, plans must
be approved to:
Resolution 12-2343PC Page 5 of 12
Conditional Use Permit 11-1796
Tentative Tract Map No. 71721
a. Eliminate sheet overflow and ponding.
b. Provide for contributory drainage from adjoining properties.
c. Provide for the proper distribution of drainage.
18. If applicable, show and call out all existing on-site public and private easements
with names of the holders, document numbers and recorded dates. Label all
easements as "to remain", "to be relocated" or "to be abandoned". If easement is
to be abandoned, indicate the proposed timing of the abandonment. If there are no
existing on-site public and provide easements, add the annotation "No existing on-
site public and provide easements" on the tentative map.
19.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.
20. At the grading plan stage, submit two sets of grading plans to the County of Los
Angeles Department of Public Work's Geotechnical and Materials Engineering
Division, Soils Section.
21. Comply with the requirements of the drainage concept/hydrology study/Standard
Urban Stormwater Mitigation Plan, which was approved on August 25, 2011, to the
satisfaction of the Los Angeles County Department of Public Works.
22.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.)
23. 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.
24. 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.
25. Prior to tentative map approval the subdivider shall submit a sewer area study to
demonstrate the adequacy of the existing sewerage system servicing this land
division to the Department of Public Works of Los Angeles County. If the system is
found to be insufficient, upgrade of the proposed and existing sewerage system is
required.
Resolution 12-2343PC
Conditional Use Permit 11-1796
Tentative Tract Map No. 71721
Page 6 of 12
26. Obtain "will serve letter' from the Los Angeles County Sanitation District for the
discharge of sewer into the sewer trunk line.
27. Provide a "will serve letter' from the water purveyor indicating that the water
system will be operated by the purveyor and that under conditions, the system will
meet the requirements for the land division, and that the water service will be
provided to each building.
28. 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.
29. 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.
30.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.
31.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.
32. 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 ten (10) units.
33. Prior to final approval of the subdivision 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.
34.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.
35. Relocate or quitclaim any easements interfering with building locations to the
satisfaction of the City Engineer.
Resolution 12-2343PC
Conditional Use Permit 11-1796
Tentative Tract Map No. 71721
Page 7 of 12
36. 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.
37. 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.
38. 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.
39.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.
40. Submit landscape and irrigation plans for the entire development, in accordance
with the Water Efficient Landscape Ordinance, to the satisfaction of the City
Engineer.
BUILDING AND SAFETY
41. Building permits are to be obtained for all demolition work.
42. Abandoned sewer lines are to be capped within five (5) feet of the front property
line.
43. Each new building must have a separate connection to the public sewer.
Resolution 12-2343PC
Conditional Use Permit 11-1796
Tentative Tract Map No. 71721
FIRE PROTECTION
Page 8 of 12
44. 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.
45. Provide Fire Department and City approved building address numbers prior to
occupancy.
46. Fire Department access shall extend to within 150 feet distance of any portion of
structures to be built unless waived by the Fire Department.
47. Provide a minimum of 26 feet wide paved area 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.
48. Fire hydrant requirements are as follows: verify one (1) existing Public fire hydrant.
If the existing hydrant does not meet the fire flow requirements, upgrade shall be
required and the fire flow test results shall be submitted to the Los Angeles County
Fire Department for approval.
49. Vehicular access must be provided and maintained serviceable throughout
construction to all required fire hydrants. All required fire hydrants shall be
installed, tested and accepted prior to construction.
50. The required fire flow for public fire hydrants at this location is 1,250 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.
51.A water system maintained by the water purveyor, with appurtenant facilities to
serve all buildings in the land division, must be provided. The system shall include
fire hydrants of the type and location (both on-site and off-site) as determined by
the Los Angeles County Fire Department. The water mains shall be sized to
accommodate the total domestic and fire flows.
52.A site plan delineating the distances to the closest fire hydrants and a completed
Resolution 12-2343PC
Conditional Use Permit 11-1796
Tentative Tract Map No. 71721
Page 9 of 12
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.
53.AII 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.
54. 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.
55. Access shall comply with Section 10.203 - 10.206 of the Fire Code, which requires
all weather access. All weather access requires paving.
PUBLIC WORKS
56.Curbs, clutters, and sidewalks: Construct driveways to meet current Americans
with Disabilities Act guidelines and to the satisfaction of the City of Temple City.
Driveways to be abandoned shall be replaced with standard curb, gutter and
sidewalk. Repair any broken or damaged curb, gutter and sidewalk pavement
within or abutting the subdivision.
57.Street Liahts: Install one (1) 5800 lumen HPSV street light (flat glass) on a 25'
marbelite pole with underground service. Streetlight to be installed at northern
property line. Provide street light plan for the review and approval of the
Community Development Department.
58. Street Trees: Not Required.
59. Surface Drainaae: 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.
60. Sewers: Provide an on-site sewer main for the project and laterals as required by
Code. A sewer area study for the proposed subdivision (PC10-3AS TEMP, dated
October 11, 2011) was reviewed and approved. No additional mitigation measures
are required. The sewer area study shall be invalidated should the total number of
dwelling unit increase, the density increase, dwelling units occur on previously
identified building restricted lots, change in the proposed sewer alignment,
increase in tributary sewershed, change of the sewer collection points, or the
adoption of a land use plan or a revision to the current plan. A revision to the
Resolution 12-2343PC
Conditional Use Permit 11-1796
Tentative Tract Map No. 71721
Page 10 of 12
approved sewer area study shall remain valid for two years after initial approval of
the tentative map. After this period of time, an update of the area study shall be
submitted by the applicant if determined to be warranted by the City Engineer.
61. Underoround 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
Community Development Department 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 sidewalk.
62. Dedications: Dedicate a ten (10) foot wide easement for the on-site sewer main.
63. 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 Public
Works Department 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 Public Works
Department standards and shall be reviewed and approved by the City's
Community Department Manager or his designee.
64. 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. Failure to comply with this condition will result in charges being filed with
the District Attorney. (TCMC 3400-3411) All debris shall be removed daily and
dust control measures shall be implemented.
65. Solid Waste Manaciement: Prior to issuance of Certificate of Occupancy, provide
a written report to the City's Community Development Department 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.
66. 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).
Resolution 12-2343PC
Conditional Use Permit 11-1796
Tentative Tract Map No. 71721
SPECIAL REQUIREMENTS
Page 11 of 12
67.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.
68.All existing structures on the subject site shall be removed prior to recordation of
the final map.
69. 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.
70. 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.
71. "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.
Sunken landscaping strip shall be provided along the southern edge of the
proposed driveway to the satisfaction of the Community Development Department
and all other applicable agencies; said landscape strip shall be serviced with an
automatic irrigation system.
72.The conditions of approval contained in this Resolution may be enforced by the
Sheriff's Office as well as City staff. Any violation of any condition is a
misdemeanor and may be processed directly by criminal complaint.
73. The legal description on the final Tract map shall be reviewed and approved by the
Land Development Division of the Los Angeles County Public Works Department.
74. There shall be installed a separate water meter for each dwelling unit, as well as a
separate meter for common irrigation, if applicable.
75. This Resolution shall not become valid until all responsible parties have signed
and agreed to the aforementioned condition of this Resolution.
76.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.
Resolution 12-2343PC Page 12 of 12
Conditional Use Permit 11-1796
Tentative Tract Map No. 71721
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Cairman
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 13th of March 13,
2012, by the following vote:
AYES:
Commissioner- Cordes
NOES:
Commissioner- None
ABSENT:
Commissioner- None
ABSTAIN:
Commissioner- None
Horton, Leung, Seibert, O' Leary
Secretary/
READ AND APPROVED AND CONDITIONS ACCEPTED:
Dexter Corporation
Property Owner Devper
Hank Jong
/applicant
-f– Z –/ 2—
Date
Date
Attachment D
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: May 01, 2012
TO: The Honorable City Council
MEMORANDUM
FROM: Jose E. Pulido, City Manager
By: Steven M. Masura, Community Development Director
Via: Hesty Liu, Associate Planner
SUBJECT: CONTINUED PUBLIC HEARING REGARDING TENTATIVE TRACT MAP
71721 AND CONDITIONAL USE PERMIT 11-1796 FOR THE
CONSTRUCTION OF TEN (10) CONDOMINIUMS AT 5549 SULTANA
AVENUE (DEXTER CORPORATION/HANK JONG).
RECOMMENDATION:
The City Council is requested to:
a) Review this staff report, the draft resolution (12-2343 PC) from March 13, 2012
Planning Commission meeting recommending the adoption of a Negative
Declaration to approve Conditional Use Permit 11-1796 and Tentative Tract Map
71721, conduct the continued public hearing; and
b) Adopt Resolution No. 12-4812 and a Negative Declaration approving Conditional
Use Permit 11-1796 and Tentative Tract Map 71721.
BACKGROUND:
1. On November 17, 2011, the City received an application proposing a residential
condominium subdivision project consisting of ten (10) units at 5549 Sultana
Avenue.
2. On January 19, 2012, city staff held a subdivision meeting with the property
owner/developer, developer's engineer, and staff from the Los Angeles County
Public Works to review conditions recommended for the proposed development.
City Council
May 01, 2012
Page 2
3. On March 13, 2012, the Planning Commission reviewed and approved the proposed
project. The Planning Commission conducted a noticed public hearing and made the
recommendation to the City Council to adopt a Negative Declaration and approve
Conditional Use Permit 11-1796 and Tentative Tract Map 71721.
4. On April 17, 2012, the City Council conducted a public hearing to review the
proposed project. After receiving the public testimony and in response to the
potential issues brought forth by the audience, the Council directed staff to provide
additional information and analysis concerning parking and traffic impacts of the
project. The item was continued to the Council's next regular meeting.
5. On April 18, 2012, staff contacted the City's Traffic Engineer and Local Sheriff's
station for comments regarding the project impact and data associated with crime
level in the past few years. Responses were received thereafter and are provided in
Attachments A, E, and K.
ANALYSIS
In response to the Council's concern and the issues raised related to the project, staff
conducted site visits, researched the existing data on file, and consulted with the Sheriff,
City Traffic Engineer, and the City Attorney.
As a result of the information compiled and the analysis by Staff, it is recommended that
the City Council approve the project. Staff believes there is adequate evidence to
support that there are no significant impacts associated with this project.
Below listed are the conclusion summaries of the areas of concern as understood by
Staff (Attachment A provides a detailed analysis of these items):
1. Projected Added Traffic Impact of The Project:
Conclusion: Existing levels of service on Sultana are well below capacity and the
project contributes a very small percentage increase in peak AM/PM hour trips that
would not change the level of service. No significant impact.
2. Overnight Parking and Factors Associated With Parking Demand (Between
Las Tunas Drive And Broadway Avenue):
Conclusion: There is remaining on -street parking capacity observed of over 25%
and existing overnight parking permit restrictions per unit will greatly limit the
number of new overnight parking permits issued. No significant impact.
City Council
May 01, 2012
Page 3
3. Future Development/Redevelopment Potential In the Area:
Conclusion: The built out condition in the area will not result in a significant
amount of new residential development in the area. No significant impact.
4. Cumulative Traffic Impacts:
Conclusion: Declining traffic counts in recent years contributes to reduced overall
cumulative traffic impacts. No significant impact.
5. Number of Incidents in the Subject Area (3 -year record with the local Sheriff
Station):
Conclusion: Sheriff's provided this data and will be available at the meeting to
further explain any significance. It appears that there is nothing abnormal here
compared to citywide statistics and given the high population density of the area.
6. Consideration of a Moratorium versus waiting for the Housing Element and
General Plan update:
Conclusion: A moratorium cannot be applied on a site specific basis and could
have unintended or negative development consequences citywide that should be
carefully weighed.
7. Permit Streamlining Act and CEOA :
Conclusion: There is not an imminent concern to not comply with the Permit
Streamlining Act provisions, however extended delays in the project decision must
take these time constraints into consideration
CONCLUSION:
The development is consistent with its land use designation having a below -the -maximum
density of 13.7 units per acre, as compared to the 18 units/per acre allowed by the zoning
standard. The project will also contribute to the 417 units of "affordable to above -
moderate income households" housing stock required by the State as part of the Housing
Element update. Potential traffic impact has been assessed by the City's Traffic Engineer,
and according to the trip generation projection, would not be a significant impact.
City Council
May 01, 2012
Page 4
Therefore, Staff recommends that the City Council adopt a Negative Declaration to
approve Tentative Tract Map 71721 and Conditional Use Permit 11-1796, based upon
the findings and subject to the conditions in the attached draft resolution.
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY) 2011-12 City Budget.
ATTACHMENTS:
A. Staff Analysis Details hese)
�B. Draft City Council Resolution No. 12-4812
C. Draft Planning Commission Resolution No. 12-2343 PC
D. Planning Commission Minutes dated March 13, 2012 PC Staff Report dated March
13, 2012, and attachments thereto
E. Traffic Impact projection for the project
F. General Plan Circulation Elements
G. Citywide Traffic Count
H. Photos concerning Parking on the Street (AM and PM)
I. List of the Properties and Redevelopment Potential Rating
J. City Zoning Map
K. Sheriff information regarding Incidents from the Subject Area
L. CC Staff Report Dated April 17, 2012
M. PC Staff Report Dated March 13, 2012 and Attachments thereto
Not e -d �O 74,5 CDpy)
ATTACHMENT A �n 5/1 ala.
fan a�+
STAFF ANALYSIS DETAILS I
In response to the Council's concern and the issues raised related to the project, staff
conducted site visits, researched the existing data on file, and solicited professional
opinions. The following provides a summary of collected information concerning the
various aspects of the project impact and potential ramifications. Staff finds that this
information and analysis provides evidence to support that there are not significant
impacts associated with this project.
1
2.
Projected Added Traffic Impact of The Project:
• Trip Generation of the project is projected at 5.86 trips/per units at a total of 59
trips for the project. The peak hour trips are projected at 5 trips for AM and 6 for
PM using the project as the trip generator.
• The projected impact on the adjacent intersection is minimal at increased rate of
.003%.
• The current level of service (LOS) is A and B, and the project will not affect the
LOS of the street.
• Sultana Avenue is a collector street and the General Plan calls for a minimal of
LOS "C" to be provided.
• Total traffic counts on the affected street: 1,752 (note: between Olive Street and
Las Tunas).
• Latest traffic count indicates a reduced number of trips in the subject area in the
past five years (from 1,942 in 2005 to 1,752 in 2010). The general explanation of
the trend of reduced trips is the result of slower overall development and the
economic downturn in the past few years.
(Reference material: Attachments E, F, and G)
Conclusion: Existing levels of service on Sultana are well below capacity. No
significant impact.
Overnight Parking and Factors Associated With Parking Demand( Between
Las Tunas Drive And Broadway Avenue):
• Total number of housing units on the street (including single family residences):
255.
• Total number of condo units on the street: 49.
• Total number of overnight darkino permits issued for the street. 34 (Total of
overnight oarkina oermits city wide: 623).
• Number of overnight parking permits requested from condo projects: 12
• Total length of Sultana Avenue in the affected area (Approximation): 1,750 Feet
• Total capacity of street parking in the area (Approximation): 80
• Survey of the existing older developments (prior to 1960) indicates that onsite
Page 1 of 4
parking is generally provided at 1 per unit ratio.
Survey of actual parking conditions AM (conducted on 4/24/2012, 11:30 am,
reference pictures are attached).
o Total of 33 cars parked on Sultana Between Las Tunas and Broadway
0 11 could be identified with overnight parking permits.
Survey of the actual parking conditions PM (conducted on 4/26/2012, 2:00 AM).
o Total of 46 cars parked on Sultana Between Las Tunas and Broadway
0 44 identified with permits (4 Disabled Placards, 9 Daily Permits, 31 Annual
Permits, and 2 cars received citation).
City regulations limit overnight parking permits to no more than two per unit and
are only approved with evidence of certain on-site parking limitations.
(Reference material: Attachment H)
Conclusion: There is remaining on -street parking capacity and existing overnight
parking permit restrictions per unit will greatly limit the number of new overnight
parking permits issued. No significant impact.
3. Future Development/Redevelopment Potential In the Area:
• Research factors include: total land area, lot dimension, existing number of units,
potential maximum number of units if redeveloped, the age of the existing
structure(s), and if land consolidation is a premise for redevelopment.
. 14 of the parcels built prior to 1970s exceed the current zoning density and
therefore would not be likely to redevelop in the near future since under the current
zoning density those parcels would result in less total units than built on those
parcels.
• 2 parcels are indentified with higher potential - which are highlighted in red in the
attached spreadsheet (Total of 83 parcels in the affected area). Each could be
potentially redeveloped with a maximum of 3 additional units.
• Likely potential of 3 to 6 new units within the next few years, under the current
zoning standards.
(Reference material: attachment I and J)
Conclusion: The built out condition in the area will not result in a significant
amount of new residential development in the area. No significant impact.
4. Cumulative Traffic Impacts:
• A full citywide study would take about 3-4 months to complete and would require
extensive local and regional growth information.
• Cost to complete such study is estimated at $30,000 to $60,000 depending on the
scope and available data.
• Latest traffic counts indicate a reduced number of trips in the subject area in the
past five years (from 1,942 in 2005 to 1,752 in 2010).
Page 2 of 4
Conclusion: Declining traffic counts contributes to reduced overall cumulative
traffic impacts. No significant impact.
5. Number of Incidents in the Subject Area (3 -year record with the local Sheriff
Station)
Type of Incidents:
2009
2010
2011
Arrests
4
5
1
Traffic Citations
1
0
0
Family Disturbance
13
19
10
Audible Alarms
17
15
3
Suspicious Persons
14
6
1 1
Parking Citation
1 7
1
1 0
Loud Music
2
4
19
Reports
1 11
1 10
5
Stolen Vehicles
1 1
0
0
Traffic Collisions
15
3
1 0
911 Hang Ups
2
0
10
Impounded Cars
2
10
10
Fights
12
1 0
1 0
Neighbor disputes
121
5
Total number
163
44
134
(Reference material: Attachment K)
Conclusion: Sheriff's provided this data and will be available at the meeting to
further explain any significance. It appears that there is nothing abnormal here
compared to citywide statistics and given the high population density of the area.
6. Consideration of a Moratorium versus waiting for the Housing Element and
General Plan update:
Moratorium
• A Legislative decision that suspends all developments of the category, such as
"multi -family residential."
• Generally applies to projects within the limit of the jurisdiction and/or to a large
class of land use designation in the jurisdiction.
• Impact and ramification is usually broader than a limited geographic area
• Justifications required.
Housing Element and General Plan Update
• Will address issues and set policies from the city and regional perspective taking
into account all current and future growth potential.
Page 3 of 4
" C E Q A f o r G e n e r a l P l a n u p d a t e w i l l r e q u i r e a p r o g r a m l e v e l E n v i r o n m e n t a l I m p a c t
R e p o r t t h a t w i l l a d d r e s s c o m p r e h e n s i v e c u m u l a t i v e i m p a c t s .
" H o u s i n g E l e m e n t r e q u i r e s t h e c i t y t o p r o v i d e p o l i c i e s a s m a n d a t e d b y t h e S t a t e ' s
R e g i o n a l H o u s i n g N e e d s A s s e s s m e n t e n a b l i n g 9 7 8 a d d i t i o n a l h o u s i n g u n i t s i n
t h e t i m e p e r i o d o f 2 0 0 6 - 2 0 1 4 w i t h i n t h e j u r i s d i c t i o n
0 4 1 7 u n i t s a f f o r d a b l e t o a b o v e - m o d e r a t e i n c o m e h o u s e h o l d s .
0 1 6 5 u n i t s a f f o r d a b l e t o m o d e r a t e i n c o m e h o u s e h o l d s .
0 1 5 6 u n i t s a f f o r d a b l e t o l o w i n c o m e h o u s e h o l d s .
0 2 4 9 u n i t s a f f o r d a b l e t o v e r y - l o w i n c o m e h o u s e h o l d s .
C o n c l u s i o n : A m o r a t o r i u m c a n n o t b e a p p l i e d o n a s i t e s p e c i f i c b a s i s a n d c o u l d
h a v e u n i n t e n d e d o r n e g a t i v e d e v e l o p m e n t c o n s e q u e n c e s c i t y w i d e t h a t s h o u l d b e
c a r e f u l l y w e i g h e d .
7 . P e r m i t S t r e a m l i n i n g A c t a n d C E Q A :
" U n d e r t h e P e r m i t S t r e a m l i n i n g A c t , t h e C i t y h a s 3 0 d a y s t o f i n d a p r o j e c t c o m p l e t e
a n d a c c e p t i t o r e l s e a d v i s e t h e a p p l i c a n t t h a t i t i s i n c o m p l e t e a n d t h a t i t n e e d s t o
b e r e s u b m i t t e d . I f t h e a p p l i c a n t i s n o t a d v i s e d w i t h i n 3 0 d a y s , t h e a p p l i c a t i o n i s
d e e m e d t o b e c o m p l e t e a n d m u s t b e c a r r i e d f o r w a r d . U p o n a c c e p t a n c e o r
d e e m e d c o m p l e t i o n , t h e C E Q A p r o c e s s s t a r t s .
" U n d e r C E Q A , t h e C i t y h a s 1 8 0 d a y s t o a p p r o v e o r d e n y a N e g a t i v e D e c l a r a t i o n
o n c e t h e N o t i c e o f P r e p a r a t i o n i s f i l e d . ( 0 2 1 2 7 1 2 0 1 2 f o r t h e p r o j e c t , m e a n i n g a
d e c i s i o n m u s t c o m e b y 8 / 2 5 / 1 2 )
" U n d e r t h e P e r m i t S t r e a m l i n i n g A c t , t h e C i t y h a s 6 0 d a y s t o a p p r o v e o r d e n y a
p r o j e c t a f t e r a d o p t i n g a N e g a t i v e D e c l a r a t i o n o r t h e p r o j e c t w i l l b e d e e m e d t o b e
a p p r o v e d
C o n c l u s i o n : T h e r e i s n o t a n i m m i n e n t c o n c e r n t o n o t c o m p l y w i t h t h e P e r m i t
S t r e a m l i n i n g A c t p r o v i s i o n s , h o w e v e r e x t e n d e d d e l a y s i n t h e p r o j e c t d e c i s i o n m u s t
t a k e t h e s e t i m e c o n s t r a i n t s i n t o c o n s i d e r a t i o n
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1 LOT /�
31,721 SQ. FT. TRACT NO, 71 721
IN THE CITY OF TEMPLE CITY
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BEING A SUBDIVISION OF A PORTION OF LOT 19 OF SUNNY'VIEW
TRACT, AS PER MAP RECORDED IN BOOK 13, PAGE 156, OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
FOR CONDOMINIUM PURPOSES
OWNER'S STATEMENT
WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE
LANDS INCLUDED W THIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE
DISTINCTIVE BORDER LINES, AND WE CONSENT TO THE PREPARATION AND FILING
OF SAID MAP AND SUBDIVISION.
AND DEDICATE TO THE CITY OF TEMPLE CITY THE EASEMENT FOR SIDEWALK AND
SANITARY SEWER ..FIR( -OZ -1 11 DE__ .DN_SAID-AAP AND ALL USES
INCIDENT THERETO, INCLUDING THE RIGHT TO MAKE CONNECTIONS I HERENTH FROM
ANY ADJOINING PROPERTIES
DEXIER SULTANA, LLC. A CAUFORNIA LIMITED UABILTY COMPANY (OWNER)
BY DEXTER REAL ESTATE CORP. ITS MANAGER
BY: �,� /
CFAA.E9 IJ�J�PRESIDENT
STATE OF CAUFORNLpOZ, )
COUNTY
M"s AA& ) ss
ON �i7/�rl BEFORE ME=NEUuu T, ONEA1
A NOTARY
PUBLIC, PERSONALLY APPEARED Mo PRO ME �Et
1� BASS IOF
S
SATISFACTORY EVIDENCE TO BE THE PERSON( WHOSE NAME(T}IS/ARE
SUBSCRIBED TO THE WITHIN NSTRUMENT AND ACKNOWLEDGED TO ME THAT
-NEJBHEJIHEY EXECUTED THE SAME IN H&AIM/THETR AUTHORIZED CAPACITY(IZ-:).
AND THAT BY H/MER SGNATJRE(S) ON THE INSTRUMENT THE PERSON(S),
OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS) ACTED, EXECUTED THE
INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TUNE AND COVECT.
WITNESS MY HAND AND OFFICIAL SEAL ��(IM{,��J,
SGNATORF
NAME PRINTED Y A 7 ��
NOTARY PUBLIC fN AND sND r ATE
MY COMMISSION NUMBER r 3P
MY COMMISSION EXPIRES G_FC AO. J 14A+. � 14
MY PRINCIPAL OF BUSINESS Is IN
/"NTY
SIGNATURE OMISSION NOTES
THE SIGNATURES OF BANK OF AMERICA N.A.. FORMERLY KNOWN AS BANK OF
A
,TON, HOLDERS OF M EASEMENT FCR PUBLIC UTIUTIES PURPOSES, BY
CORDED IN BOOK 5381 PAGE 126, OF DEEDS, RECORDS OF LOS ANGELS
HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 68436 (0 31
F THE SUBDIWSION MAP ACT, AS THEIR INTEREST IS SUCH THAT IT
RIPEN INTO A FEE TITLE AND SAID SIGNATURES ME NOT REQUIRED BY
M. AGENCY.
EMENT IS INDETERMINATE IN NATURE.
CONDOMINIUM
THIS TRACT IS APPROVED AS A CONDOMINIUM PROJECT, FOR TEN UNiS,
WHEREBY THE OWNERS OF THE MINS OF NR SPACE WILL HOLD AN UNDIVIDED
INTEREST IN THE COMMON AREAS THAT WILL. IN TURN, PROVIDE THE
NECESSARY ACCESS AND UTILITY EASEMENTS FOR THE UNITS.
Attachment G
SHEET 1 OF 2 SHEETS
SURVEYOR'S STATEMENT
THE MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A
TRUE AND COMPLETE FIELD SURVEY PERFORMED BY ME OR UNDER MY DIRECTION IN
DECEMBER, 2011, IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP
ACT AND LOCAL ORDINANCE AT THE REQUEST OF CHARLES HUANG ON AUGUST 19,
2011. 1 HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE
CONDITIONALLY APPROVED TENTATIVE MAP; THAT ALL THE MONUMENTS ARE OF THE
CHARACTER AND OCCUPY THE POSITIONS INDICATED; THAT THE MONUMENTS ARE
SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED; AND THAT TIE NOTES FOR ALL
CENTERUNE MONUMENTS SHOWN AS °SEIARE ON FILE IN THE OFFICE OF THE CITY
ENGINEER OF THE CRY OF TEMPLE CITY.
ND
/"� •^►/� �u�aJi
NFRE➢" /
DATE SILII, ro.3-rn
J. TIEL 6999 GATE
EMPIRES: 9/30/2013 � sm
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ME BASED ON THE BEARING NOD71'50'W OF THE
CENTERUNE OF SULTANA AVENUE AS SHOWN ON MAP OF TRACT N0. OBORSO
RECORDED IN BOOK 1313, PAGES 56 AND 57, OF MMS, RECORDS OF SND COUNTY.
TENTATIVE MAP: AND THAT I AM SATISFIED THAT 1X15 MAP IS SCHNICALLY
CORRECT IN ALL RESPECTS NOT CERTIFIED BY THE CITY ENGINEER.
COUNTY ENGINEER
DATE DEPUTY
LS.__ EXPIRES
CITY CLERK'S CERTIFICATE
1 HEREBY CERTIFY THAT THE CRY COUNCIL OF THE CITY OF TEMPLE CITY BY
MOTION PASSED ON APPROVED THE ATTACHED MAP AVD
ACCEPTED THE DEDICATION OF THE SIDEWALK AND SANITARY SEWER EASEMENT
SHOWN HEREON.
DATE CIT' CLERK — CITY OF TEMPLE CITY
I HEREBY CERTIFY THAT SECURITY IN THE AMOUNT OF S HAS
SEEN SLED WITH THE EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES AS SECURITY FOR THE PAYMENT OF TAXES AND
SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND SHOWN ON MAP OF
TRACT NO. 71721 AS REQUIRED BY LAW.
EXECUTIVE OFFICER, BOARD OF SIPERVISORS OF RTE
COUNTY OF LOS ANGELES. STATE OF CALIFORNIA
BY.
DEPUTY DAT.
1 HERESY CERTIFY THAT ALL CERTIFICATES HAVE BEEN FILED AND DEPOSITS HAVE
BEEN MADE THAT ARE REQUIRED UNDER THE PROVISIONS OF SECTIONS 66492
AND 68493 OF THE SUBDIVISION MAP ACT.
EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BY
DEPUTY DATE
SCALE: 1"= 30'
TRACT NO"', 71721
SHEET 2 OF 2 SHEETS
LEBEBB IN THE CITY OF TEMPLE CITY
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