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HomeMy Public PortalAboutResolution 80-1868RESOLUTION NO. 80 -1868 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REVERSING RESOLUTION NO. 79 -872PC AND GRANTING A VARIANCE, CONDITIONAL USE PERMIT AND TENTATIVE MAP (TRACT 38349, ZV 79 -569 AND CUP 79 -570) THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES RESOLVE: IISECTION 1, After a public hearing and E.I.R. process, the City Council does hereby reverse Resolution No, 79 -872PC and with regard to property at 5048 N. Sereno Drive grant and approve: 1. Zone Variance 79 -469, subject to the conditions set forth in Exhibit "A". 20 Conditional Use Permit 79 -570, subject to the conditions set forth in Exhibit "B" plus one additional condition that the second stories shall be soundproof to the satisfaction of the Planning Director. 3. Tentative Tract Map 38349, subject to the conditions, findings, and understands set forth in Exhibit "C ", and the Council makes such findings. SECTION 2. The City Clerk shall certify to the adoption of this Resolution, APPROVED and ADOPTED this 15th day of January, 1980. 1 ATTEST: _ae- C ie Deputy City C er I hereby certify that the foregoing Resolution was adopted by the City Council of the City of Temple City at a regular meeting held on the 15th day of January, 1980, by the following vote of the Council: AYES: Councilmen - Atkins, Gillanders, Merritt, Tyrell, Dennis NOES: Councilmen -None ABSENT: Councilmen -None - #I Chie Deputy City Clerk 1 Resolution No.. 80 -1868 I1. That this variance shall not become effective unless Tentative Tract No. 38349 and Conditional Use Permit Case No. 79 -570 are approved; and 1 2. That all applicable City regulations shall be complied with at all times; and 3. That this variance shall expire and be of no effect unless exercised within a period of one year from and after the date of adoption of resolution granting the variance; and 4. That applicant shall file, or cause to be filed, with the City Clerk, a document which the City may record, which shall acknowledge that the owner of the subject property is aware of and accepts the conditions set forth in paragraphs 1 through 4 above, and that the subject property, regardless of any change in ownership, is bound by and subject to the provisions of the resolution granting the variance and the conditions contained therein, Resolution No, 80 -1868 That the subject property shall be developed consistent with Exhibits "A" and "B "; and That this conditional use permit shall not become effective unless Tentative Tract No, 38349 and Zone Variance Case No. 79 -569 are approved; and 3. That all applicable City regulations shall be complied with at all times; and 4. That this conditional use permit shall expire and be of no effect unless exercised within a period of one year from and after the date of adoption of resolution granting the condi- tional use permit; and 5. That applicant shall file, or cause to be filed, with the City Clerk, a document which the City may record, which shall acknowledge that the owner of the subject property is aware of and accepts the conditions set forth in paragraphs 1 through 4 above, and that the subject property, regardless of any change in ownership, is bound by and subject to the provisions of the resolution granting the conditional use permit and the conditions contained therein, Resolution No. 80 -1868 1. That this approval shall expire 13 mc:iths from the date of approval by the City Council. If the final map is not to be recorded prior to the expiration date, the subdivider should apply in writing to the City of Temple City Planning Commission at least 40 days before the above date for an extension of this approval; and Planning 2. That the development of the subject site shall be substantially in accordance with Revised Exhibits "A" and "B "; and 3 That the Planning Commission shall make the following findings of fact: That the design and improvement of the proposed subdivision is basically consistent with the City's General Plan and that there are no precise plans applicable to said map; and That the site is physically suitable for the proposed type of develop- ment and proposed density of development; and That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or to cause serious health problems; and dL That the design of the subdivision and the type of improvement will not conflict with easements, acquired by the public at large, for access through, or use of property within the proposed subdivision; and That the sewer discharge from the proposed subdivision would not result in violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 of the Water Code; and b, ce f That a Draft Environmental Impact Report has been submitted in accordance with the requirements of the California Environmental Quality Act of 1970, as amended; and 4, That the development of the project, including the size of the condominium units, shall be in compliance with the requirements and standards of the R -2 Zone; and 5. ThatlPublic Works improvements shall include, but not be limited to curb, gutter, sidewalk, driveway approach, street trees and street lights in accordance with City standards; and 6. That this tract shall be approved as a condominium project whereby the Owners of the units of air space will hold an undivided interest in the common areas which will, in turn, provide the necessary access and utility easements for the units, and that it will be so noted on the final map; and 7. That a method for the continual maintenance of the common areas shall be provided in the covenants, conditions and restrictions, and that the Planning Commission and /or City Council shall' be provided with a copy; of the document prior to filing of the' Final Map, and that this document shall 4150 incorporate •a maintenance agreement for the parkway as well as an agreement to maintain the driveway as a "no parking" zone and that an adequate lighting system shall be provided along all walkways to be con - structed within the common areas, all subject to the approval of the City Attorney and Planning Commission and /or City Council; and That a minimum paved driveway width of 26 ft, shall be provided; and That the private driveways shall be labeled as "Private Driveways" on the final map; and D. That a copy of the approved drainage plan shall be submitted to the Planning Director prior to the issuance of the building permit; and L That a trash enclosure (6 ft. x 8 ft.) shall be.ins.tal.led with 6 inch__.. bumper guards along the interior walls; and Resolution No. 80 -1868 12. That a 6 ft. high masonry wan. shall 'be ': :.erected and` -maintained_. along the property lines, except in the required ; front • yard :.a:rea , and 13. That a detailed landscaping plan shall be submitted to' -the' Planning Director for approval prior to the issuance of the building ,permit;.-and 14, That all electrical and telephone utilities shall be placed underground pursuant to City requirements; and 15. That applicant shall comply with the following conditions: a. Easements shall not be granted or recorded within rights' of way pro- posed to be deeded or dedicated for public streets until after the tract is recorded, unless such easements are subordinated to the road easement by certification on the title sheet of the final map. That Road Department's requirements regarding street and drainage improvements and easements needed for street drainage or slopes shall be complied with; and c. That any broken or damaged curb, gutter, walk, and pavement on streets within or abutting the development shall be repaired; and c. That any existing driveways that are not to be used shall be replaced with standard curb, gutter and walk; and City Engineer - Mapping Division 16. That easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication for public streets or highways, access rights, building restriction rights, or other easements until after the final tract map is filed with the County Recorder unless such easements are subordinated to the proposed grant or dedication. if easements are granted after the date of tentative approval, a subordination must be executed by the easement holder prior to the filing of the final tract map. A final map prepared by, or under the direction of, a Registered Civil Engineer or Licensed Land Surveyor must be processed through this Depart - ment,prior to being filed with the County Recorder. Prior to submitting the tract map to the City Engineer for his examination pursuant to Section 66442 of the Government Code, clearances shall be obtained from all affected Departments and Divisions including a clearance from the Subdivision Section of the Mapping Division of the County Engineer for the following mapping items: mathematical accuracy, survey analysis, and correctness of certificates, signatures, etc.; and City En•ineer - 'Environmental Development Division 17. That the subject property shall be served by adequately sized water system facilities which shall include fire hydrants of the size and type and location as determined by the Fire Chief. The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for the land division. Domestic flows required are to be determined by the City Engineer. Fire flows required are to be determined by the Fire Chief. At the time the final land division map is submitted for checki.r:g plans and specifications for the water system facilities shall be siibinittc.c to the City Engineer for checking and approval, and shall comply with trie City Engineer's standards. Approval for filing of this land division is contingent upon approval of plans and specifications mentioned above. if the water system facilities are not installed prior to the filing of this land division the sub- divider must also submit a Labor and Materials Bond in addition to etcher, -2- Resolution No, 80-1868 1 ao An Agreement and a Faithful Performance Bond in the amount estimated by the City Engineer guaranteeing the installation of the water system, or b. An Agreement and other evidence satisfactory to the City Engineer, indicating that the subdivider has entered into a contract with the serving water utility to .construct the water system as required, and has deposited with such water utility security guaranteeing payment for the installation of the water system. There shall also be filed with this Division a statement from the water purveyor indicating that the proposed water mains and any other required facilities will be operated by the purveyor and that, under normal operating conditions, the system will meet the requirements for the land division. The ao ba c. Water System improvements are necessary at this time to: Provide for the orderly development of the surrounding area and this tract map, and to meet minimum Public Health and Safety Standards. Provide for the orderly development of underdeveloped land to its optimum permitted use. Promote and obtain a reasonable level of service to parcels of land with existing structures which would otherwise be adversely affected and compounded by further development; and City Engineer - Design Division 18. That; since portions of the property are subject to sheet overflow and ponding, drainage plans and necessary support documents to comply with the following requirements shall be submitted for approval prior to filing of a final map: ao Provide for the proper distribution of drainage. b, Eliminate the sheet overflow and ponding or elevate the floors of the buildings with no openings in the foundation walls to at least 12 inches above the finished pad grade. co Provide for contributory drainage from adjoining properties; and s City Engineer - Building and Safety Division 19. That the grading plan shall be approved prior to filing of a final map to the satisfaction of the City Engineer and prior to filing of the Final Map; and 1 A preliminary soil report is required before grading plan approval; and 20. That, prior to issuance of building permits, a soil engineer's report on the expansive properties of soils as such soils are defined by Building Code Section 2904(b) shall be submitted on all building sites in the proposed subdivision. The grading plan shall conform to the approve tentative map; and Engineer - Environmental Development Division = Sewers That_ approval of this land division is contingent upon the installation and dedication of local main line sewers and separate house laterals to serve each building in the land division. The subdivider shall consult the Sewer Design Section of City Engineer to determine the sewer design requir Easements are tentatively required, subject to review to determine the final locations and requirements. -3- of the Department ementso by the City Engineer Resolution No. 80-1868 The discharge of sewage from this land division into the public sewer system shall not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Sec. 13000) of the Water Code; and Flood Control District 22. That the developer shall refer to the report of the City Engineer con- cerning local drainage; and That water mains, fire hydrants, and fire flows shall be provided in accordance with the Fire Department requirements (letter of October 18, 1979); and Where driveways extend further than 300 ft, and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for fire department use. The private driveways shall be indicated on the final map as "FIRE LANES" and shall be maintained in accordance with City standards. Fire protection facilities, including access, shall be provided prior to and during construction (Section 13,301(d) Fire Code); and Department of Health Services 23. That; approval shall be based on the condition that sanitary sewers shall be installed and used as the method of sewage disposal. The owner's statement shall indicate that domestic water will be supplied by the Southern California Water Company. A legal entity shall be established to assume responsibility and. authorit to maintain jointly owned facilities in a clean and sanitary manner at all times; and Other requirements 24. That this tentative tract map shall not become effective unless the zone variance and conditional use permit requests have been approved; and 25, That all applicable City regulations shall be complied with at all times.