HomeMy Public PortalAbout_Resolution No. 23-2614 pc5937 Primrose Avenue_4/25/2023_TEMPLE
CITY
City of Temple City
Resolution 23-2614 PC
File No. PL 23-4011
5937 Primrose Avenue
A RESOLUTION OF THE TEMPLE CITY PLANNING COMMISSION
APPROVING A TIME EXTENSION UNTIL MARCH 23, 2024 FOR
TENTATIVE PARCEL MAP 83171 AND THE ASSOCIATED SITE PLAN
REVIEW. THE PROJECT IS A THREE -UNIT CONDOMINIUM SUBDIVISION
SECTION 1. The Planning Commission has considered all of the evidence
submitted into the administrative record which includes but is not limited to:
Reports and presentations of project related data and analysis prepared
by the Community Development Department; and
2. The Temple City Municipal Code, General Plan, Subdivision Map Act, and
all other applicable regulations and codes; and
3. Public comments, both written and oral, received or submitted at or prior
to the public hearing; and
4. Testimony and comments submitted by the applicant and
representatives in both written and oral form at or prior to the public
hearing; and
5. All other related documents received or submitted at or prior to the
public hearing.
SECTION 2. This resolution is made with reference to the following prefacing
facts as more fully set forth in the administrative record:
1. On February 10, 2020, the applicant submitted the plans for a site plan
review proposing two additional dwelling units on a site which has an
existing dwelling. The project is for a condominium subdivision of three
dwelling units.
2. On December 22, 2020, the applicant submitted the tentative parcel map
for the proposed subdivision.
3. On January 19, 2021, the application was deemed complete.
4. On March 23, 2021, the Planning Commission reviewed and approved the
project. The Planning Commission granted a two-year life for the approval
Resolution No. 23-2614PC
PL 23-4011
5937 Primrose Avenue
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with the expiration date of March 23, 2023.
5. On February 2, 2023, the applicant submitted a request for a time
extension to fulfill all conditions of approval for the final map. The request
was subsequently scheduled for the Planning Commission hearing of
April 25, 2023.
6. Notice of the Planning Commission public hearing was posted on the
City's website at least 14 days before the hearing.
7. Notice of the Planning Commission public hearing was posted on the
subject site at least 14 days before the hearing.
8. Notice of the Planning Commission public hearing was mailed to property
owners within 300 feet of the property at least 14 days prior to the
hearing.
9. Notice of the public hearing satisfied the noticing requirements set forth
in Government Code Sections 65090 and 65091.
10. The project site is zoned R-3.
11. The project site is designated High Density Residential by the Mid -
Century General Plan.
SECTION 3. Based upon the information above, the Planning Commission may
grant a time extension if the application was timely filed and the Commission
determines in its discretion that an extension is warranted.
SECTION 4. This project is Categorically Exempt from environmental review
pursuant to Section 15303 (New Construction and Conversion of Small
Structures) and Section 15315 (Minor Land Divisions) of the California
Environmental Quality Act.
SECTION 5. Accordingly, File No. 23-4011, a request for a time extension for an
approved tentative map and site plan review is approved as the applicant has
shown substantial progress toward completion of the final map, subject to the
applicant complying with all requirements of the Temple City Municipal Code
and the conditions as set forth in Exhibits A through D to this resolution.
SECTION 6. The Secretary shall certify to the adoption of this Resolution.
Resolution No. 23-2614PC
PL 23-4011
5937 Primrose Avenue
Page 3 of 3
EXHIBITS
A. Planning Division Conditions of Approval
B. Building Division Conditions of Approval
C. Public Works Division Conditions of Approval
D. L.A. County Fire Department Conditions of Approval
Planning Commissio ' jair
Cit Att m9j217)
e
I hereby certify that the foregoing Resolution was adopted by the
Planning Commission of the City of Temple City at a meeting held on the 25th
of April 2023 by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Commissioner- Lee, O'Leary, Haddad, Guan
Commissioner- None
Commissioner- Cordes
Commissioner- None
ecretary
EXHIBIT A
PLANNING CONDITIONS OF APPROVAL
TEMPLE
CITY
TEMPLE
CITY
Temple City, Planning Division
Conditions of Approval
5937 Primrose Avenue
Project Specific Conditions
1. The project shall be in substantial compliance with the tentative map and
development plans as submitted to and approved by the Planning
Commission except as modified by the conditions contained hereinafter.
2. Prior to submitting the project for building plan check, the applicant shall
submit revised architectural plans to include the following changes which
shall be approved by the Community Development Department:
a. A revised site plan to show the locations of the water meters, trash cans,
any gates for the yard/walkway, and air conditioners.
b. A revised scope of work for the project to include repainting and
reroofing for the front house using the same color palettes and materials
proposed for the new building.
c. Revised elevations to introduce arched windows with bricks, arched
vents, corbels, higher screed line between the second and third floors,
and appropriate elements to enhance privacy such as trellis or louvered
screening. The awing on the ground floor should focus at the primary
entry without being wrapped around the corner.
3. Prior to submitting the development plan for building plan check, the
applicant shall submit revised landscaping plans to reflect the following
changes which shall be approved by the Community Development
Department:
a. Improve the landscaping design for the courtyard incorporating creative
design elements and additional amenities and features such as a
barbecue area and seating.
b. Use Hopseed bush instead of bay laurel.
4. Adequate lighting must be provided on the building elevation facing the
alley way.
5. This project must provide a mechanical ventilation system designed to
attain enhanced air filtration with the use of air filters that have a filtration
efficiency equivalent to a minimum efficiency reporting value (MERV) of
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eleven (11) or higher as determined by testing methods established by the
American Society Of Heating, Refrigerating And Air -Conditioning Engineers
(ASHRAE) standard 52.2, as periodically amended. All such ventilation
system equipment and air filters must be installed, operated, maintained
and replaced in a manner consistent with applicable building code
requirements and with the manufacturer's specifications and
recommendations. Alternative air pollution mitigation measures (e.g.,
setbacks, landscaped buffers, etc.) may be utilized where feasible if they can
be shown to have a mitigating effect that is equal to or greater than the
enhanced air filtration measures specified herein.
Tentative Map Conditions
6. The subdivision shall be in substantial compliance with the tentative map,
except as modified by these conditions of approval.
7. The applicant and property owners, and their successors in interest, shall
indemnify and defend the City of Temple City and its officers, employees
and agents from and against all liability and costs relating to the City's
actions concerning this project, including (without limitation) any award of
litigation expenses in favor of any person or entity who seeks to challenge
the validity of any of the City's actions or decisions in connection with this
project. The City shall have the sole right to choose its counsel and property
owners shall reimburse the City's expenses incurred in its defenses of any
lawsuit challenging the City's actions concerning this project.
8. Prior to the approval of the final map, the Conditions, Covenants and
Restrictions (CC&R's) shall be provided for review and approval by the City.
After the approval, the CC&R's shall not be changed or modified without
written consent of the City of Temple City. The CC&Rs shall include the
following provisions:
a. The development shall maintain a paved pathway at all time providing
access from the front dwelling to the rear garage.
b. The three mature trees shall be retained on the site which shall not be
topped at a future time. Trimming must be overseen by a licensed
arborist.
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9. Prior to the approval of the final map, the following shall be submitted to
and approved by the City of Temple City unless specifically waived:
a. Public Improvement Estimates and payment of the Surety Bonds,
Security Deposit, or In -Lieu Fee
b. Final Map Mylar
c. Three copies of the Final Map for Fire Department review/approval
10. Prior to issuance of building permits, the applicant shall pay the City's Park
Development Fee to the City of Temple City.
11. The tentative map shall automatically expire 24 months from the date of
approval. If the final map will not 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.
Site Plan Review Conditions
12. The development shall be in substantial compliance with the submitted
approved site, floor, elevation, landscape, and other applicable plans.
13. The project shall not be developed with lesser architectural elements or
components intended to complement the architectural style and design of
the development than is proposed in the submitted approved plans.
14. Expiration: Site Plan Review approval by Planning shall expire if the project
is not exercised within 24 months from the date of approval.
15. The hardscape shown on the landscape plan and the architectural plans
shall be consistent in size, location, and material. The applicant is
responsible for submitting plans that are internally consistent. Planning shall
verify compliance with this condition prior to approving plans for building
permit issuance. Proposed changes to the hardscape shall be reviewed and
approved by Planning prior to installation or construction. Changes to the
proposed hardscape shall be show on both the architectural site plan and
the landscape plan.
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16. The landscaping of the site shall be implemented to fully comply with the
criteria of the City's Water Efficient Landscape Ordinance. Prior to permits
being approved, the applicant shall provide the required Landscape
Documentation Package or a demonstration that the Prescriptive Measures
have been met. The Landscape Documentation Package is required for the
projects with an aggregate landscape area over 2,500 square feet. Projects
with an aggregate landscape area between 500 to 2,500 square feet shall
comply with the Prescriptive Measures or submit a Landscape
Documentation Package. The Landscape Architect shall certify conformance
with the Ordinance on a form provided by Planning.
17. The project is subject to the City's Low Impact Development (LID) Standards.
Plans shall be prepared, and be reviewed and approved by the City in
accordance with the requirements as contained in the City's LID Standards
and Manual prior to the issuance of building permits.
18. Walls and fences shall be designed in a style, material, and color that
complement the architectural style of the dwelling units. All proposed
concrete masonry unit (CMU) walls shall be architecturally treated on both
sides and consist of slump block, split face, decorative block style, and/or
(colored) stucco over CMU. Any existing block wall or fence may be retained
in lieu of providing a new block wall or fence, subject to the review and
approval by the Community Development Department. Any block wall or
fence located on or adjacent to the property lines shall be designed in such
a way that it does not hinder the natural sheet flow or alter the cross -lot
drainage.
19. For sites that will be regraded and a Landscape Documentation Package
(LDP) will be required, a soils characteristic report will not be a required
portion of the LDP. After the site is graded the property owner shall
perform a soils test for agricultural suitability including a soils analysis report
and specific amendment recommendations. Soil testing shall be done
following final grading and before planting, as the surface soil in landscape
areas may change due to grading work. Any soil amendments listed in the
specifications are for bidding purposes only. Contractor shall adjust actual
amendments and backfill mixes to conform to soil analysis report
recommendations. Prior to requesting a final inspection from Planning the
property owner or contractor shall provide evidence in the form of receipts
for the soil amendment and invoices for services provided to Planning.
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20. Prior to requesting a final inspection from Planning, the applicant shall
provide to Planning a certification (on a form provided by Planning) from a
landscape architect that the landscape and irrigation installed on the project
site conforms to the approved landscape plan and the applicable Water
Efficient Landscape Ordinance. If modifications to the landscape plan are
proposed, the applicant shall provide to Planning a revised plan prior to
final inspection and Planning shall review the plan to determine compliance
with the Residential Design Guidelines, as well as the Water Efficient
Landscape Ordinance. This condition shall also be enforced to demonstrate
compliance with projects receiving a floor area ratio incentive for mature
landscaping, as described in the Temple City Municipal Code in Section 9-
1 M-15, Table A.
21. At the time of submittal for building plan check, the applicant shall submit
architectural, grading, and drainage plans that are consistent with one
another and correctly demonstrate the proposed grading. The Building
shall verify that the grading is in compliance with the approved plans during
site inspections.
22. Grading and Drainage: At the time of submittal for building plan check, the
applicant shall submit grading and drainage plans illustrating:
• Existing grade of the subject and adjacent sites and
• Existing drainage patterns for the subject and adjacent sites
23. When existing drainage flows from adjacent sites, then the subject site shall
continue to accept cross lot drainage and shall not be designed in such a
way as to drain toward adjacent sites. The subject site shall not create any
barriers that prohibit existing drainage flows from adjacent sites. The
applicant shall submit plans for building plan check demonstrating
compliance with this requirement and the Planning and Building staff shall
verify compliance. In cases where compliance with this condition is deemed
not feasible by the City, the Director shall approve modifications to
encourage as much onsite infiltration and detention as feasible.
24. If the proposed finished grade will alter existing cross lot drainage patterns,
the applicant shall demonstrate how the subject property will address
existing cross lot drainage patterns.
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25. Building permits shall be obtained for all construction activities of the
project.
26. The applicant/property owner shall maintain the subject property fee of
weeds, debris, trash, construction material(s), construction equipment, or
any other offensive, unhealthy and dangerous material until the project is
completed. If after five (5) days' notice by certified mail, the
applicant/property owner does not comply with the before -mentioned
criterion, the City may either cancel the Tentative Map, Building Permits, etc.
The City may enter the subject property and remove all subject violations
and bill the applicant and/or put a lien on the subject property.
27. Certificate of Occupancy: Permits shall not be finaled and/or Certificate of
Occupancy issued until the project is fully completed to the satisfaction of
the Community Development Department.
28. Construction plans or tenant improvement plans shall include a sheet
containing each page of these conditions of approval at the time of building
plan check submittal.
29. During any demolition and/or construction, noise will be controlled by limiting
construction activities to weekdays between 7:00 A.M. and 7:00 P.M., and
Saturdays between 8:00 A.M. to 4:00 P.M. No construction work is allowed on
Sundays or federal holidays.
30. No construction activity waste or 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
construction debris spills shall be removed daily and shall use necessary dust
control measures. Failure to comply with this condition will result in charges
filed by the District Attorney.
31. This approval shall automatically expire 24 months from the date of approval
if said approval is not exercised within that time. If the project is not
commenced prior to the expiration date, the applicant may apply in writing
for an extension of time at least forty (40) days before the expiration date. The
granting body may in its discretion approve or deny the extension request.
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32. This approval and these conditions may be modified or revoked by the
granting body (the Planning Commission) should it be determined that the
project approved herein is detrimental to the public health, safety, or welfare;
is operated or maintained contrary to these conditions of approval or any
federal, state, or local law; or is operated or maintained so as to constitute a
public nuisance. Such modification or revocation shall occur at a noticed
public hearing and in accordance with the provisions of Section 9-1 F-40 of the
Zoning Code.
33. By carrying out the project approved herein or otherwise using or exercising
this approval, the applicant acknowledges and accepts all of the conditions
imposed. The applicant acknowledges that failure to comply with these
conditions of approval may be cause for revocation of the approval. These
conditions are binding upon the applicant, the current and future property
owners, and any other party using or exercising this approval.
EXHIBIT B
BUILDING AND ENGINEERING
CONDITIONS
TEMPLE
CITY
City of Temple City
JN 201258 /PL 23-4011 / TPM 83171
5937 PRIMROSE
BUILDING DIVISION CONDITIONS
Address/Location: 5937 Primrose
Applicant: Erica Tsang
Scope of Work: Two additional units for a total of three units condominium development,
Maintain the existing front house and construct a three-story building in the backyard containing
two new units and three parking garages.
OFFICE USE ONLY:
Conditions Required
1. The second sheet of building plans is to list all conditions of approval and to include a copy
of the Planning Decision letter. This information shall be incorporated into the plans prior
to the first submittal for plan check.
2. School Developmental Fees shall be paid to the School District prior to the issuance of the
building permit.
3. Fees shall be paid to the County of Los Angeles Sanitation District prior to issuance of the
building permit.
4. The building shall be addressed as 5939 Primrose Avenue Unit A and B and an application
to assign address shall be filed with Building Division prior to plan check submittal.
5. In accordance with paragraph 5538(b) of the California Business and Professions Code,
plans are to be prepared and stamped by a licensed architect.
6. Structural calculations prepared under the direction of an architect, civil engineer or
structural engineer shall be provided.
7. South Coast Air Quality Management District must be contacted prior to any demolition
or renovation. Call (909) 396-2000 for further information. Failure to comply with the
provisions of Rule 1403 may result in a penalty of up to $25,000 per day.
8. A geotechnical and soils investigation report is required, the duties of the soils engineer of
record, as indicated on the first sheet of the approved plans, shall include the following:
a. Observation of cleared areas and benches prepared to receive fill;
b. Observation of the removal of all unsuitable soils and other materials;
c. The approval of soils to be used as fill material;
d. Inspection of compaction and placement of fill;
e. The testing of compacted fills; and
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f. The inspection of review of drainage devices.
9. The owner shall retain the soils engineer preparing the Preliminary Soils and/or
Geotechnical Investigation accepted by the City for observation of all grading, site
preparation, and compaction testing. Observation and testing shall not be performed by
another soils and/or geotechnical engineer unless the subsequent soils and/or geotechnical
engineer submits and has accepted by the Public Works Department, a new Preliminary
Soils and/or Geotechnical Investigation.
10. Prior to permit issuance the pdf copy of the soils report shall be provided by the applicant
11. A grading and drainage plan shall be approved prior to issuance of the building permit. The
grading and drainage plan shall indicate how all storm drainage including contributory
drainage from adjacent lots is carried to the public way or drainage structure approved to
receive storm water.
12. Projects shall comply with the requirements of the NPDES (NATIONAL POLLUTION
DISCHARGE ELIMINATION SYSTEM) prior to issuance of a Demolition, Grading &
Building permit. These include requirements for sediment control, erosion control, and
construction activities control to be implemented on the project site.
13. All State of California disability access regulations for accessibility and adaptability shall
be complied with.
14. The property shall be surveyed and the boundaries shall be marked by a land surveyor
licensed by the State of California.
15. Foundation inspection will not be made until the excavation has been surveyed and the
setbacks determined to be in accordance with the approved plans by a land surveyor
licensed by the State of California. THIS NOTE IS TO BE PLACED ON THE
FOUNDATION PLAN IN A PROMINENT LOCATION.
16. Project shall comply with the CalGreen Residential requirements.
17. No form work or other construction materials will be permitted to encroach in to adjacent
property without written approval of the affected property owner.
18. Fire -resistance rating requirements for exterior walls and Maximum area of exterior wall
openings and degree of open protection based on fire separation distance 0 feet to 3 feet,
dwellings and accessory buildings with automatic residential fire sprinkler protection shall
comply with Table R302.1(2)
19. All fire sprinkler hangers must be designed and their location approved by an engineer or
an architect. Calculations must be provided indicating that the hangers are designed to carry
the tributary weight of the water filled pipe plus a 250 pound point load. A plan indication
this information must be stamped by the engineer or the architect and submitted for
approval prior to issuance of the building permit.
20. Separate permit is required for Fire Sprinklers
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21. Building permits shall not be issued until the final map has been prepared to the satisfaction
of the Building Official.
Reviewed by: AJ
Date: 1/16/2021
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EXHIBIT C
PUBLIC WORKS CONDITIONS
TEMPLE
CITY
City of Temple City
JN 201258 / PL 23-4026 / TPM 83171
5937 PRIMROSE
PUBLIC WORKS CONDITIONS
Address/Location: 5937 Primrose
Applicant: Erica Tsang
Scope of Work: Two additional units for a total of three units condominium development,
Maintain the existing front house and construct a three-story building in the backyard containing
two new units and three parking garages.
OFFICE USE ONLY:
Conditions Required
Comments/Conditional Requirements:
The following are Public Works conditions and shall be incorporated into submittal plans, show
the conditions on site plans and on grading plans (No handwritten notes, stickers etc. shall be
accepted):
PRIMROSE
1. Reconstruct the driveway approach located at 5931 Primrose Ave. in accordance with SPPWC
Standard Plan 110-2, and as directed by the City Engineer or his/her designee.
2. Close existing driveway apron, and install necessary improvements (parkway, landscape,
sidewalk, curb and gutter, any others as applicable) to match required adjacent sections, and
as directed by the City Engineer or his/her designee.
3. Remove and replace broken and off grade sidewalk in accordance with SPPWC standard plan
113-2, and as directed by the City Engineer or his/her designee.
4. Remove and replace broken and off grade curb and gutter in accordance with SPPWC
Standard Plan 120-2, and as directed by the City Engineer or his/her designee.
5. The approved building addresse(s) shall be painted on the curb to the City's standards as
required by the Public Works Inspector prior to final inspection.
6. Rehabilitate existing AC street pavement along the length of the property frontage to the
centerline of Primrose Ave. as indicated below, and as directed by the City Engineer or his/her
designee:
Pay in -lieu fee in the amount of $2,300 for the required rehab to the City. City will use the
in -lieu fees in the future for street rehabilitations as necessary.
7. Underground all utility services to the property.
8. Sewer Study shall be reviewed and approved by the City Engineer or his/her designee, prior
to the issuance of permits. If sewer is found to be inadequate, sewer improvement plans shall
be submitted to the City for approval and required improvements shall be made at the sole
cost to the property owner/developer.
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ALLEY
1. Rehabilitate existing AC street pavement along the length of the property frontage the entire
width of the alley as indicated below, and as directed by the City Engineer or his/her designee:
Pay in -lieu fee in the amount of $2,500 for the required rehab to the City. City will use the
in -lieu fees in the future for street rehabilitations as necessary.
PARCEL MAP REQUIREMENTS
Following information is provided for applicant's convenience. Project shall comply with all
applicable requirements for Parcel Maps.
1. A final parcel map prepared by or under the direction of a registered civil engineer or licensed
land surveyor shall be submitted to and approved by the City prior to being filed with the
Los Angeles County Recorder.
2. A soils report is required.
3. A preliminary parcel map guarantee shall be provided which indicates all trust deeds (to
include the name of the trustee), all easement holders, all fee interest holders, and all interest
holders whose interest could result in a fee. The account for this title report shall remain open
until the final parcel map is filed with the Los Angeles County Recorder.
4. Easements shall not be granted or recorded within any area proposed to be dedicated, offered
for dedication, or granted for use as a public street, alley, highway, right of access, building
restriction, or other easements until after the final parcel map is approved by the City and
filed with the Los Angeles County Recorder; unless such easement is subordinated to the
proposed dedication or grant. If easements are granted after the date of tentative approval, a
subordination shall be executed by the easement holder prior to the filing of the final parcel
map.
5. Monumentation of parcel map boundaries, street centerlines, and lot boundaries is required
if the map is based on a field survey.
6. All conditions from City Departments and Divisions shall be incorporated into the parcel
map prior to submitting the parcel map for review.
7. In accordance with California Government Code Sections 66442 and/or 66450,
documentation shall be provided indicating the mathematical accuracy and survey analysis
of the parcel map and the correctness of all certificates. Proof of ownership and proof of
original signatures shall also be provided.
8. Proof of Tax clearance shall be provided at the time of parcel map review submittal.
9. Upon submittal of the parcel map for review by the City, a letter signed by both the subdivider
and the engineer shall be provided which indicates that these individuals agree to submit five
(5) blueprints and one sepia mylar of the recorded map to the City Public Works Department.
10. A reciprocal easement for ingress and egress, sanitary sewer, utility, drainage, water shall be
provided for each property that does not front on or have direct access to the public way.
Services to each property shall be underground and shall be located in a trench within this
easement.
Reviewed by: EG/AJ/DT
Date: 1/16/2021
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EXHIBIT D
L.A. COUNTY FIRE DEPARTMENT
CONDITIONS
TEMPLE
CITY
COUNTY OF LOS ANGELES FIRE DEPARTMENT
FIRE PREVENTION DIVISION
Land Development Unit
5823 Rickenbacker Road
Commerce, CA 90040
Telephone (323) 890-4243, Fax (323) 890-9783
PROJECT: TPM 83171 - FLDU 202100053
LOCATION: 5937 Primrose A - Temple City
THE FIRE DEPARTMENT RECOMMENDS CLEARANCE OF THIS PROJECT TO
PROCEED TO PUBLIC HEARING AS PRESENTLY SUBMITTED WITH THE
FOLLOWING CONDITIONS OF APPROVAL.
FINAL MAP REQUIREMENTS
Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21
(County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of
Los Angeles Fire Code), which requires an all-weather access surface to be clear to
sky.
The Final Map shall be submitted to our office for review and approval prior recordation.
For any questions regarding the report, please contact Claudia Soiza at (323) 890-4243
or Claudia.soiza rx fire.lacounty.gov
Reviewed by: Claudia Soiza Date: January 13, 2021
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