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
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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
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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,
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Resolution No, 80-1868
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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
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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.
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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.