HomeMy Public PortalAbout09) 7F Subdivision Map for Tract Mao 71395 for the construction of 6 condominiums at 5416-5420 Welland AvenueAGENDA
ITEM 7.F.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: August 19, 2014
TO: The Honorable City Council
FROM: Donald E. Penman , Interim City Manager
By : Michael D. Forbes, AICP , Community Development Director4
Via : Adam L. Gul ick , Associate Planner
SUBJECT: FINAL SUBDIVISION MAP FOR TRACT MAP NO. 71395 FOR THE
CONSTRUCTION OF SIX (6) CONDOMINIUMS AT 5416-5420
WELLAND AVENUE
RECOMMENDATION:
The City Council is requested to :
1. Make findings as enumerated in the attached letter from the Los Angeles County
Public Works Department (Attachment "A");
2. Approve and accept the work agreements and improvement securities specified in
the attached Multiple Agreement from the Los Angeles County Pub lic Works
Department (Attachment "B ");
3. Approve the final subdivision map for Tract Map No . 71395 and dedications
indicated on the map; and
4 . Authorize the City Clerk to certify Tract Map No . 71395 .
BACKGROUND:
1. On December 8 , 2011 , city staff held a subdivision meeting with th e prope rty
owner/developer, developer's engineer and staff from the Los Angeles County
Public Works Department to review conditions recommended for the propos e d
development.
2 . On January 24, 2012 , at a noticed public hearing , t he Planning Commission
reviewed and recommend ed approval of the 6-unit res idential development at 5416-
City Council
August 19 , 2014
Page 2 of 3
5420 Weiland Avenue .
3. On February 21 , 2012 , at a noticed pub lic hearin g , the City Council approved the 6-
unit residential development at 5416-5420 Weiland Avenue .
4. On July 30, 2014 , the Los Angeles County Department of Publ ic Works made the
determination that the content of the final subd iv is ion map for the project , toge ther
with the provisions for its design and improvement, was consis tent with state
Subd ivision Map A ct requirements . The applicant has also p rovided the work
agreements and security improvements for the project to meet the tentative tract
conditions for street and san itary sewer improvements.
ANALYSIS:
The project is consistent with the land use designation of the site and with the City 's
development standa rds . Th e site is zoned for multiple-family resident ial development
and th e land area is larg e enough to accommodate six detach ed residential un its. Th e
ten tative subdivis ion map for this project was approved by the City Council subsequent
to a notice d public hearing , and th e Los Angeles County Department of Public Works
advises that applicab le conditions of the ten tat ive map approval for st ree t and sanitary
sewer improvements have been satisfied in a mann er consistent with the provisions of
the Subdivision Map A ct and pertinent state statutes .
The City Attorney's office has reviewed the proposed Covenants , Conditions and
Restrictions ("CC&R's ") that will govern th e opera t ion of the homeowner's association
for th e development, and recomme nds no changes . Staff has reviewed the conditions
of tentative tra ct map and co nditional us e 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.
The final subdivision map for T ra ct No . 7 1395 is therefo re ready fo r approval and
recordation (Attachment "B"). Recordation of th e final map for T ract No . 71395 , in
conju ncti on with th e develope r sati sfying all applicable conditions of Conditional Use
Permit 11 -1793 , would allow the deve loper to obtain building permits and start project
constru ction .
CONCLUSION:
Staff recommends that th e City Cou ncil approve the final subdivision map for Tract No.
71395 and accept the dedications indicated on the map and the work agreements and
improvement sec urities for road and sa n itary sewe r improvements required for the
project.
City Council
August 19, 2014
Page 3 of 3
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY) 2014-15 City Budget.
ATTACHMENTS:
A. Letter from Los Angeles County Department of Public Works dated July 20 , 2014
B . Multiple Agreement for Public Improvements from Los Angeles County
Department of Public Works
GA I L FARil l::ll . Dircclur
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
"To Enrich Lives Through Effective and Caring Service "
900 SOUTH FREMONT A VENUE
ALI IAM B RA ,CA LI FORNIA 9 1803-133 1
Telep hone (626H58-5100
hllp ://d p w .lacount ) gov
ATTACHMENT A
ADDRESS ALL CORRESPONDFNCF TO
1' 0 BOX 1~60
A I l li\MURA. CALI FORNIA 91802-14 60
IN REPLY PLEASE
July 30 , 2014 REF ER TO F ILE LD-2
The City Council
City of Temple City
9701 East La s Tunas D rive
Temple City , CA 91780-0668
Dear Council Members :
TRACT NO . 71395
As th e City Engineer, I have reviewed Tract No . 71395 and determined it is reac y for your
approval and acceptance of dedications shown thereon .
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 subdi vision , together with the provisions for its design and
improvement , is consisten t with the general plan required by Article 5
(commencing with Section 65300) of Chapter 3 ot D1vision 1 of the
Government Code or any specific plan adopted , pursuant to Art1cle 8
(commencing with Section 65450) of Chapter 3 of Division 1 of the
Government Code .
c . That the development of the property 1n the manner set forth on t he subje ct
division of land w ill not unreasonably interfere with the free and comp lete
exercise of an y public entity and/or public uti lity rights-of-way
and/or easements within the subject division of land , pursuant to
Sections 66436 (a) 3A (i -viii) of the Subd:vis 1on Map Act.
2 . ApJ.>rove the final map for Tra ct No . 7 139 5.
The City Council
July 30 , 2014
Page 2
3. Accept dedications as indicated on said map .
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 sanitary sewers , road improvements , and
street trees . Two bonds for improvement security were deposited with the
County of Los Angeles Department of Public Works for your City and
transmitted herewith . One bond is in the amount of $99 ,500 for faithful
performance . The other is in the amount of $49 ,750 for labor and
materials .
5 . Instruct the City Clerk to endorse on the face of the map of Tract No . 71395 the
certificate that embodies the approval of said map and acceptance of
dedications shown thereon .
Please return the signed original tracing to the Department of Public Works'
Land Development Divis ion , Subdivision Mapping Section , for processing and filing with the
Registrar-Recorder/County Clerk's office .
Very truly yours ,
~1..~,0 GAILF~R ~( C1ty Engineer
FP :tb
P ILDPU BISUBMAPPING\Ctty Counctlletters\TR71395·TC
En c .
CITY ENGINEER AND
SUPERINTENDENT OF STREETS
MULTIPLE AGREEMENT
ATTACHMENT 8
For Tract/Parcel Map No.__,_7=l3=9...,5.__ ___ _
THIS AGREEMENT, made and entered intoDecember 17 . 201l._, by and between the
C ITY OF TEMPLE CITY ,
State of California, acting by and throug h it's City Council, he reina fter called the CITY, and
BADE CONSTRUCTION CO . , INC.
(Name)
77 W. Las Tunas Drive , Sui te 202 , Arcadi a , CA 91007
(Address)
hereinafter called the SU BDI VIDER.
WITNESSETH:
FIRST: The SUBDIVIDER for and in consideration of the approval of the final map of that certain land
division known as Tract/Parcel Map No. 71395 hereby agrees, at the SUBDIVIDER's own cost and
expe nse, to furnish all labor, materials and equ ipm ent necessary to perform and complete, and within twenty-
fo ur (24) months from the date of filing of said map, to perform and complete in a good and wo rkmanlike
man ner, for the CITY whe re applicable , the following improvement{s) and/or work checked below, to wit:
[ ] A 5-foot CHAIN LINK FE NCE per latest revis ion of Standard Plan for Public Works
Construction
No. 600 at the rear and/or side of lots/parcels--------------
(inclusive) adjacen t to ________ . The estimated cost of this work is the sum
of _____________________________ __
_______________ do llars ($ ___________ ).
[ ] A COMB INATION MASONRY WALL AND CHAIN LINK FENCE per County Engineer Standard
D-63 at the rear and /or side of lots/parcels----------------
(incl u sive) adjacent to ________ . The estimated cost of this work is the sum
of _____________________________ __
_______________ dollars($ ___________ ).
[ ] A 5-foot MASONRY WALL per County Enginee r Standard D-65 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. Sa id 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 (S __________ ).
SANITARY SEWERS and appurtenances thereto, under Private Contract No . 71395
in streets and/or rights of way. In addition, SUBDIVIDER hereby offers said imp rovement fo r
dedication . Th e estimated cos t of this work is the sum of Sj xty Thousand Dollars
and 00/100-------------------------------------------------------
------------------doll ars (S 60 ,000 . 00 -------).
[ ] STORM DRAINS and appurtenances thereto under Private Drain No. --------
in streets and /or rights of way. In addition , SUBDIVIDER hereby offers said improvemen t for
dedication . The estimated cost of this work is the sum of ------------
--------------------dollars (S ________ ).
( ] Setting of SURVEY MONUMENTS and tie points and furnish ing to the City Engi neer tie notes
for said points , accord ing to the provisions of the applicable City Ord inance 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
th is work is the sum of------------------------
-----------------dollars($ _________ ).
[ ] WATER SYSTEM FACILITIES including pump stations , water tanks, water ma ins, 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 standa rd 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
_________________ doll ars (S _________ ).
Page 13-30
[X] ROAD IMPROVEMENTS in accordance wit h the Road Pla ns for said lan d divi sion filed in the
office of the Supe rint ende nt of Streets and to do all work incidental thereto acco rding to th e
Standard Specifications for Public Works Construction , as amended, which are hereby made
a part of th is agreement. The estimated cost of this wo r k and improvements is the sum of
Thirty-Eight Thousand , Four Hundred Dollars and 00/100-----------
-------------------dollars ($ 38 , 400 . 00 -----).
[X] STREET TREE IMPROV EMENTS in accordance with the Road Plans for said land division
fi led in the office of the Superintendent of Streets and to do all work incidental thereto
accordi ng to the Standard Specifications for Public Works Construction , as amended, which
are hereby made a part of this part of th is ag ree ment. The esti mated cost of this work and
im provements is the sum of One Thousand, One Hundred Dollars and 00/100--
__________________ dollars($ 1 ,100.00 ).
[ ]
The estimated cost of this work is the sum of ----------------
____________________ dollars($ ______ ).
[ ]
The estimated cost of th is work is the sum of----------------
___________________ doll ars ($ ______ ).
The above-me ntio ned improvement(s) to be constru cted within and without the boundaries of said land division
according to plans and/o r applicable standards on file in the office of the City Engineer, Superintendent of
Streets and /or othe r city official as applicable and hereby made a pa rt of th is contract as fully as though set forth
herein . That said wo rk shall be done u nder the inspection of, and to the satisfaction of, the City Engineer,
Superintendent of Streets, and/or other city official as applicab le , and sha ll not be deemed completed until
approved and accepted as completed by the CITY. The SUBD IVIDER, his/her contractor(s ), representatives,
and agents shall be responsible for the Operation , maintenance and rep air of the above improvements unti l
accepted by the City. Said acceptance of the improvement(s) shall also consti t ute acce ptance of any offer of
dedication contained here in .
SECOND: That th e CITY shall not, nor shall any officer or employee thereof, be liable or resp onsib le
for any accident, loss or damage happening or occurring to the work specified in this agreement prior to the
completion , approva l, and/or acceptance of same; nor shall the C ITY , nor any officer or employee th ereof, be
lia ble for any persons or property inj ured by reason of the na ture of said work or by reason of the acts or
om is sions of the SUBD IV IDER, his agents or employe es, in performance of said work. All of sa id liabil ities shall
be assumed by the SUBDIVIDER. The SUBDIVIDER further agrees to indemn ify, defend and sa ve harmless
the CITY, its agents, office rs and employees from and against any and all liability, expense, i nclud ing defense
costs and legal fee s, and claims for damages of any nature whatsoever, includ ing, but not li mited to, bodily
injury, death, personal inj ury , or property damage arising from or connected with the SUBDI V IDER's operations,
or its services here under, includ ing any workers' compensa ti on sui ts, liability, or expense, aris ing from or
co nnected with services by any person pu rsua nt to t his agreement, or arisi ng out of the use of any patent or
patented article in the construct ion of sai d wo r k.
Page 13-31
THIRD: The SUBDIVI DER 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 t he subject land division for the purpose of completing the improvement.
This permission shall terminate in the event that the SUBDIVIDER, financial insti tution , 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 pub lic 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 th is agreement.
SIXTH : The SUBDIVIDER hereby agrees to pay for the ins pection of su ch work and improvements as
may be required by the City Engineer, Supe rintend ent of Streets , and/or other city official.
SEVENTH: The SUBDIVIDER shall give notice to the City Engineer, Superintendent of Streets, and/or
other city official at least 24 hours before beginning any work and shall furnish 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 ma intenance 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 origina l total estimated cost of such improvements . Said cost to be borne b y the SUBDIVIDER.
TENTH : The SUBDIVIDER shall guarantee such improvements for a period of one year following the
complet ion by the SUBDIVIDER and acceptance by the CITY against any defective work or labor done, or
defective materials furn islled, in the perfo rmance 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 fail ed to perform as therein specified, the C ITY reserves the rig ht to exclude the SUBDIVIDER from the site
a nd complete the work contemplated by city forces or by separate contract. The SUBDIVIDER further agrees
to reim bu rse the CITY for all charges accruing 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 a nd
sufficient imp ro veme nt security in an amount not le ss 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
amo unt prescribed by law to secure the cla ims to which reference is made in Title 15 (commencing with Section
3082) of Part 4, Division 3 of the Civil Code. If said impro vemen t security or payment secu rity becomes
insufficient in the opinion of the CITY , the S UBDI VIDER agrees to renew said improvement security and/or
payment security wit h good and sufficient imp rovem ent security and/or payment security within ten days after
receiving demand therefor.
Page 13-32
THIRTEENTH: If the SUBDIVIDER neglects , refuses , or fails to prosecute the work with such diligence
as to insure its completion with in 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 s uch
default shall be served upon him and upon any Surety or financial instituti on in connection with this contract.
The C ity 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 or terminate any of the rights
of the CITY as against t he SUBDIV IDE R, 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 satisfactoril y, shall be conclusive
upon the SUBDIVIDER, his Surety, and any an d a ll other parties who may have any interest in the con tract 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, incl ud ing the Surety or Sureties
on any Bond attached to this contract or the financia l 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 under this contract, said extension may be granted by the C ITY either at its own option or upon request
of the SUBDIVIDER, and sha ll in no way affect the validity of this contract or release the Surety or Sureties on
any Bond attached hereto or the financial in sti tution 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 ag reement, including any extensions of time as may be granted therein .
SIXTEENTH: Before the SUBDIVIDER fi le s the final sanitary sewer plans, under conditions approved
by the City En gineer, the SUBDIVIDER may tile prel im inary sanitary sewer plans. Such pre l iminary plans, afte r
approva l by the City Engineer, may be submitted to meet the requ irements for clearance of the final map. The
SUBDIVI DER agrees to make such changes in the preliminary san itary sewer plans as may be required by the
City Engineer and to replace said preliminary plans with final sanitary sewer plans , approved by the City
Engineer, before the SUBD IV IDER ca n apply for a construction/inspection permit.
SEVENTEENTH: It is further agreed by and between the parties hereto that this contract firmly binds
the parties, their heirs, executors, administrators, successors o r assignees, jointly and severally.
IN WITNESS thereby, SUBDIVIDER has affixed his/her name and sea l.
(Seal)
Note: All signatures must be acknowledged
before a notary public. (Attach appropriate
acknowledgment jurats.)
Depu ty
Date: __ ·6_-_~_-_l_L\..,:__ __ _
Approved as to form
CITY ATTORNEY
By ____________________________ __
Deputy
Page 13-33
' ' . .
ACKNOWLEDGMENT
State of California
County of Los Angeles
On December 30, 2013 before me , L. Freeman
A Notary Public in and for sa i d St ate personally appeared ____________ _
Susan Bade Hull and Patricia A. Bade
who proved to me on the basis of satisfactory evidence to be the person(s) whose name (s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they e xecuted
the same in his/her/their authorized capacity(ies), and that by his /her/their signature (s) on the
instrument the person (s), or the entity upon behalf of which the person (s ) acted , executed the
instrument .
I certify under PENALTY OF PERJURY under the laws of the State of _c __ al_if _or_n_ia ____ _
that the foregoing paragraph is true and correct .
. ...............• n il. L. FREEMAN t ~ COMM.#1900028 ~
~ NOTARY PUBLIC-CAUFORNIA Cf
a. LOS ANGELES COUNTY ~ ~~W!'Tl'!IOO &~~ cuau:t ~6: ~1:
(Seal)
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