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HomeMy Public PortalAboutResolution 84-2311RESOLUTION NO. 84 -2311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CONFIRMING WITH MODIFICATIONS RESOLUTION NO. 84- 1138PC THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon a public hearing held on October 2, 1984, Resolution No. 84- 1138PC of the Planning Cohuiiission of the City of Temple City is hereby approved and confirmed except that Condition No. 4 B. of Section 2, of the Planning Commission Resolution is here- by deleted so as to provide that Golden West will go through and be fully developed as called for in the General Plan. SECTION 2. This Resolution shall be effective at such time as: (1) the subdivider has signed the Affidavit of Acceptance of Conditions in the manner provided by the Planning Director; and (2) Ordinance No. 84 -553 rezoning said property to RPD has be- come effective. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. ADOPTED, SIGNED AND APPROVED this 2nd day of October, 1984. ATTEST: I hereby certify that the foregoing Resolution was adopted by the City Council of the City of Temple City at a regular meet- ing held on the 2nd day of October 1984, by the following vote: AYES: Councilmen- Atkins, Dennis, Tyrell, Swain NOES: Councilmen- Gillanders ABSENT: Councilmen -None 4 Chie y City Comer RESOLUTION NO. 84- 1138PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY RECOMMENDING A CHANGE OF- ZONE (RPD 84 -709) AND TENTATIVE MAP NO. 43136. THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DOES RESOLVE: SECTION 1. Based upon a Public Hearing for a change of zone from R -1 to RPD and a tentative map on Tract 43136 for property at the northeast corner of Lower Azusa Road and Golden West Avenue, together with a focused EIR thereon, the Planning Commission finds: A. E.I.R.: 1. That the Draft Focused Environmental Impact Report be amended to include the comments of those testifying at the Public Hearing by incorporating a copy of the Minutes in the report; 2. That the Planning Commission certify that the draft Environmental Impact Report has been completed in conformance with the California Envir- onmental Quality Act and the State guidelines and that the Planning Commission has reviewed and con- sidered the information contained in the report; and 3. That each and every adverse environmental impact contained in the amended report is overruled and counterbalances by: e, a) Economic and social needs, objectives, and concerns in providing private or public improvements of municipal import; or b) By changes or alterations in the project which mitigates against said adverse effects; and /or c) That mitigation of such adverse effects is not feasible under the circumstances and subparagraph (a) above. B. CHANGE OF ZONE FROM R -1 TO RPD: 1. That the request is in conformance with the General Plan; 2. That the project is compatible with surround- ing land uses; and 3. That the Provisiopal Plan is in conformance with Section 9444 of the Temple City Zoning Code. C. TENTATIVE TRACT MAP TO ALLOW AN 18 -UNIT SUBDIVISION : II 1. That the design and improvement of the proposed subdivision is consistent with the City's General Plan and Zoning; RESOLUTION NO. 84- 1138PC 2. That the site is physically suitable for the proposed type of development and proposed density of development; 3. That the design of the subdivision and the proposed improvements are not likely to cause sub- stantial environmental damage or to cause serious health problems; 4. 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; 5. 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 6. That a Negative Declaration of Environmental Impact has been submitted in accordance with the re- quirements of the California Environmental Quality Act of SECTION 2. Accordingly, said change of zone is recommended, the Preliminary Plan approved, and the Tentative Tract approved, subject as follows: 1. To the rezoning; 2. Approval by the City Council;; 3. To all 58 of the 58 Conditions attached hereto; and, 4.. The following additional conditions . and understand - ings which supercede the attached conditions: A. BAs to Condition 3f, it is understood that the reference is to the E.I.R. B. As to the extension of Golden West Avenue as set forth in the 58 conditions (particularly 5 -13) : i) There shall be sidewalks installed if requested by the City; ii) The street shall be barricaded or by cul -de -sac at the northern prolongation of the tract boundary (approximately where the street now ends) in a manner and with drainage as required by the City. SECTION 3. The Secretary shall certify to the adoption of this Resolution. Chairman Secretary I certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temple City on the 14th day of August, 1984, by the following vote: AYES: COMMISSIONERS: Abraham, Breazeal, Coolman NOES: COMMISSIONERS: Stacy ABSENT: COMMISSIONERS: Froehle Secretary -2- CITY OF TEMPLE CITY CONDITIONS OF APPROVAL TENTATIVE TRACT NO. 43136 1 That this tentative tract approval shall expire 24 months from the date of approval of the tentative tract 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 City Council at least 40 days before the above date for the extension of this approval. 2 That the development of the subject site shall take place sub- stantially as shown on the submitted site plan, floor plan, eleva- tion plan, etc., as approved by the Planning Commission. 3 That the Planning Commission shall make the following findings of fact: a. That the design and improvement of the proposed subdivision is consistent with the City's General Plan and Zoning; b. That the site is physically suitable for the proposed type of development and proposed density of development, c. That the design of the subdivision and the proposed improve- ments are not likely to cause substantial environmental damage or to cause serious health problems. d. 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 pro - posed subdivision, e. •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, f. That a Negative Declaration of Environmental Impact has been submitted in accordance with the requirements of the California .Environmental Quality Act of 1970.. 4. That this tentative tract shall not become effective unless Provisional Plans and zone change from R -1 to RPD are approved. 5. Dedicate 30 foot width (half street) for Golden West Avenue along the westerly boundary of the tract with 15 ft. radius return at the northeast corner of Lower Azusa Road. Acquire and dedicate necessary right -of -way to provide a 15 ft. radius return at the northwest corner of Lower Azusa Road and Golden West Avenue. 6. That Golden West Avenue shall be improved per Los Angeles County Road Department standard for a collector street with 60 foot right -of -way width, 40 ft. of improvement from curb to curb, in- tegral PCC curb and ,gutter with 8" curb height; 2 ft. gutter, 5 ft PCC sidewalk adjacent to back of curb. Provide handicap ramps at the intersection of Lower Azusa Road and Golden West Avenue. 7 That improvements for Golden West Avenue shall tie in with the existing improvements northerly of the tract boundaries to in- clude reconstruction of existing driveway on the easterly side of Golden West Avenue. 8. That catch basins shall be provided on both sides of Golden West Avenue to replace the existing drainage ditch to the approval of the Public Works Department and pursuant to the requirements of the Los Angeles County Flood Control District. 9 That, prior to approval of the Final Map, plans and specifications for the street and drainages- facilities shall be submitted to the City Engineer for checking and appro�.ial, and shall comply with the City Engineer's standards. Approval of the Final Map is con- tingent upon approval of plans and specifications mentioned above. If the street and drainage facilities are not installed prior to the filing of this land division, the subdivider must also submit a Labor and Materials bond in addition to an agreement and a faith- ful performance bond in the amount estimated by the City Engineer guaranteeing the installation of the street and drainage facilities. i I 10. Street trees shall be installed as required by the Public Works Department. The placement and number of trees to be approved by Public Works Department. 11. That seven street lights to include three on Golden West and four on the private street (2 on each street) shall be required. The placement and size is to be approved by the Public Works Department. 12 That street name signs, stop signs, curb and pavement markings shall be installed as required by the Public Works Dept. prior to occupancy. 13 That local street intersection shall be provided for the two private streets with Golden West Avenue per Los Angeles County Road Depart- ment Standard Plan 52 -01 with minimum 6" curbface and 25 ft., radius return. 14 That street pavement shall be provided with 4" concrete curbs with 1 ft. gutters for the two private streets per Los Angeles County Road Department standards. 15 That a method for the continual maintenance of the common areas shall be provided in the covenants, conditions and restrictions (CC &R's) and that this document shall incorporate maintenance pro- visions for parkways, private streets, perimeter block walls, and front yard areas. The CC &R's shall also include provisions where- by the City of Temple City shall have the right to cause the repairs and maintenance of the street to`be accomplished and to place liens on the lots if necessary. The CC &R's and provisions contained therein shall be subject to the review and approval of the City Attorney and Planning Commission /City Council prior to the filing of the Final Map. 16 Provisions for payment of rubbish collection services by a home- owners' group or association shall be included in the CC &R's for the 18 units. 17 That the CC &R's shall include a hold harmless clause for rubbish collection on the private streets. 18 That private streets shall be subject to the provisions of the' California Vehicle Code and City Municipal Code and shall be so stated in the CC &R's. 19 That private streets shall be labeled as "Fire Lane" on the Final Map. 20 That a 6 ft. high decorative solid masonry wall shall be con- structed along the southerly, easterly and northerly tract boundary lines per review and approval of the Planning Director: '.The wall along the southerly property line shall incorporate a 2 to 3 ft. retaining wall with planter, depending on grade, subject to the review and approval of the Planning Director. Utilization of a portion of the public parkway for the retaining wall with planter is subject to the approval of the City Council. 21. That all utilities shall be placed underground pursuant to City requirements, and that a plan for underground facilities shall be submitted for approval. 22. That, within 10 days of recording the final map, a demolition per- mit shall be obtained and the existing structures shall be removed and the area cleared. 23. That a. preliminary soil report shall be submitted. A soil expan- sion index test is required and shall be done in accordance with the procedures of UBC Standard No. 29 -2. 24. That, prior to the issuance of building permits, plans shall be submitted and approved to: a. Provide for on -site drainage b. Provide for contributory drainage from adjoining properties. 25. That sanitary sewers shall be provided to serve the subdivision. Individual house connections shall be provided for each unit. Sanitary sewer easements shall be dedicated in the private drives. The developer must comply with the City of Temple City's sanitary sewer reconstruction ordinance. 26. That the subdivider shall submit an area study to the City Engineer to determine whether capacity is available in the sewerage system to be used as the outlet for the sewers in this land division. If the system is found to have insufficient capacity, the problem shall be resolved to the satisfaction of the City Engineer. 27 That 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 (Com- mencing with Section 13000) of the Water Code. 28 That the development shall be served by adequately sized water system facilities which shall include fire hydrants of the size, 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 re- quired are to be determined by the City Engineer. Fire flows re- quired are to be determined by the Fire Chief. 29 At the time the final land division map is submitted for checking, plans and specifications for the water system facilities shall be submitted to the City Engineer for checking and approval, and shall comply with the 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 subdivider must also submit a Labor and Materials bond in addi- tion to either: a. 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. 30 There shall also be filed with the City 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. 31. That a note shall be placed on the final map to the satisfaction of the City Engineer indicating that this map is approved as a Residential Planned Development. 1 1 32. The vehicular access to Lower Azusa Road shall be dedicated. to the City of Temple City. 33 That a final map prepared by, or under the direction of, a regist- ered civil engineer or licensed land surveyor shall be processed through the Planning Department and be approved by the City Council prior to being filed with the County Recorder. 34. That easements shall not be granted or recorded within areas pro- posed to be granted, dedicated, or offered for dedication for public streets or highways, access rights, or other easements until after the final 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 sub- ordination must be executed by the easement holder prior to the filing of the final map. 35 If signatures of record title interests appear on the final map, a preliminary guarantee shall be submitted. A final guarantee shall 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 holders. The account for this preliminary title report /guarantee should remain open until the final map is filed with the County Recorder. 36 That, prior to submitting the final 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 Mapping Division of the County Engineer for the following mapping items: mathematical accuracy, survey analysis, and correctness of certificates, signatures, etc. 37. That the following finding should be made by the City Council: The City Council hereby determined that division and development of the property in the manner set forth on the map of Tract No. 43136 will 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. 38. That the findings and considerations required by Section 66473.5, 66474 and 66474.6 of the Subdivision Map Act shall be made by the City Council. 39. That a determination shall be made that this project is in com- pliance with the California Environmental Quality Act. 40. That final site development plans, building floor plans and elevation and landscaping and irrigation plans shall be reviewed and approved by Planning Department prior to issuance of any permits including grading, building, etc. 41. That licensed architects and engineers and licensed landscape architects shall sign all plans as applicable. 42. That the developer shall landscape and ensure maintenance of land- scaping in the parkway and front yard area until the units are occupied. A landscaping maintenance contract for at least one year shall be made and a copy of that contract shall be approved and filed with the Planning Department. 43. That automatic garage door openers shall be installed and operable on garage doors prior to occupancy. 44. That the maintenance of the subject property, prior to construction of the proposed project, shall be kept in accordance with City standards. Once constructed improvements shall be properly main- tained to include landscaping, private streets and perimeter walls to the satisfaction of the City. 45. That all applicable City regulations shall be complied with at all times. 46. That, during construction, traffic control and pedestrian protec- tion shall be provided in accordance with requirements of the City, Sheriff's office and Los Angeles Road Department. 47. During demolition and construction, noise will be controlled by limiting work on the site to 7 a.m. to 5 p.m. and by requiring all trucks and motorized equipment to have properly operating mufflers. 48. That noise shall be maintained within the limits of the City's Noise Ordinance. 49. That sprinklers and hoses will be utilized during construction to minimize dust emanating from the site. 50. That the cul -de -sacs shall be redesigned to the satisfaction of the Fire Department and City Engineer to provide for an improved transition between the private drives and cul -de -sacs. A turning radius of 32 ft. shall be provided for each cul -de -sac unless otherwise authorized by the Fire Department. 51. That two 6" x 4" x 2 -1/2" brass or bronze hydrant, conforming to AWWA Standard C503 -75 or approved equal, shall be installed. All installations shall meet Fire Department specifications which may be obtained from the City Planning office. One hydrant shall be located at the northeast corner of Lower Azusa Road and Golden West Avenue and one shall be located at the north end of the tract Hydrants shall be installed prior to start of construction. 52. That a fire flow of 1,250 gallons per minute for two hours shall be provided. The water mains in the street fronting this property must be capable of delivering this flow at 20 lbs. per square inch residual pressure. A minimum 6" pipe is required for new main installation or extensions. 53. A neighborhood mail collection box unit for each private street or other approved facilities for postal service shall be reviewed and approved by the U.S. Postal Service prior to issuance of building permits. 54. That an 8" water line shall be extended from Lower Azusa Road north- erly on Golden West to the northern tract boundary. 55 That street names shall be submitted to the City for review and approval by the City prior to approval of the final tract map. 56 Parks and Recreation fees at a rate of $300 per unit shall be paid prior to issuance of building permits. 57 That this approval is subject to the applicant paying all fees, assessments and deposits to the City of Temple City, County or State as required. 58 Certain improvements, to include the full -width improvement of Golden West Avenue (Condition 6), the acquisition, dedication and improve- ment of a 15 ft. radius return at the northwest corner of Lower Azusa Road and Golden West Ave., (Condition 5), and the 8" water line extended from Lower Azusa Road northerly on Golden West to the northern tract boundary (Condition 54) are improvements which have mutual and direct benefit to the property directly to the west of the subject property. Fifty percent of the cost of these improve- ments may be reimbursed to the subdivider if a final map subdividing the property directly to the west is approved within five years of approval of this tentative tract map. Respectfully submitted, JEFFREY L. SHAW Planning Director