Loading...
HomeMy Public PortalAboutResolution 90-2976 TTM 21992 5241 Santa Anita Avenue1 1 1 RESOLUTION NO. 90 -2976 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING TENTATIVE PARCEL MAP 21992, CONDITIONAL USE PERMIT 90 -1041 AND ZONE VARIANCE 90 -1042 A REQUEST BY MARTIN LIN TO ALLOW THE DEVELOPMENT_OF A 2 -UNIT DETACHED RESIDENTIAL CONDOMINIUM- PROJECT WITH THE REQUIRED GUEST PARKING SITUATED IN TANDEM IMMEDIATELY IN FRONT OF THE PRIVATE GARAGES FOR PROPERTY LOCATED AT- 5241 SANTA ANITA AVENUE THE CITY COUNCIL OF TEMPLE CITY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Based upon a public hearing for a tentative Parcel Map, a Conditional Use Permit and a Zone Variance as described above the City Council finds: PARCEL MAP 1. The design and improvement of the proposed subdivision is consistent with the City's General Plan, Zoning and require- ments of the State Subdivision Map Act. 2. 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 type of improve- ment will not conflict with the easements acquired by the public at large for access through or use of property within the proposed subdivision. 4. That the sewer discharge from the proposed subdivision would not result in a violation of existing requirements pre- scribed by the California Regional Water Quality Control Board pursuant to Division 7 of the Water Code. ZONE VARIANCE 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of such property which do not generally apply to other properties in the same zone in that the subject property is situated on a corner, which allows for vehicular access directly from a public street rather than a private driveway; and 2. That such a variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties similarly situated, but which is denied to the property in question in that the subject proposal consists of detached dwellings which resemble single family homes Resolution No. 90 -2976 Page 2 rather than condominium units; guest parking is provided although it is situated in tandem. Similar guest parking arrangements have been approved at comparable locations throughout the city; and 3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the adja- cent property in that other condominium development stan- dards pertaining to setback, heights, lot coverage and open space would be met; and _ 4. That there are special circumstances as provided in Section 65906 of the California Government Code in that the proposal would not conflict with the intent of the Zoning Code and the General Plan for the City of Temple City. CONDITIONAL USE PERMIT 1. That the side for the proposed use is adequate in size, shape, topography and circumstances in that the site has a width of 65 feet and a length of 150.7 feet for a total land area of approximately 9,795.5 square feet. Based upon the Zoning and General Plan, this land area would allow a total of two (2) dwelling units. The proposal involves two (2) units; and 2. That the site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use in that Freer Avenue is a local street with a 60 foot right -of -way and a 36 foot wide roadway; and 3. That the proposed use will not have and adverse effect upon the use, enjoyment or valuation of adjacent property or upon the public welfare in that the project has been designed within criterion established by the Zoning Code which sets maximum Floor Area Ratios, lot coverage and similar develop- ment regulations. Density of the development project is 6.4 dwelling units per acre and the Floor Area Ratio is 49 %. SECTION 2. This project is Categorically Exempt from CEQA in accordance with Section 15303, Class 3 of the California Environmental Act. SECTION 3. Accordingly, the Parcel Map, Conditional Use Permit and Zone Variance are approved subject to the following conditions: 1 1 1 1 1 Resolution No. 90 -2976 Page 3 PLANNING 1. That the proposed development is in substantial compliance with the submitted development plans date stamped March 1, 1990, and shown as Exhibit "A ", except as modified herein. 2. That a detailed landscape and irrigation plan be submitted prior to the issuance of occupancy permits. Said plans shall include architectural treatment applied to the private driveways in the form of stamped concrete, brick work or other similar treatment; said plans shall be subject to the approval of the Planning Department. At least one tree shall be provided for each dwelling unit; said trees shall consist of no less than two (2) twenty -four inch (24 ") box -size trees. In addition, street trees may be required along Freer Avenue and Santa Anita Avenue; these will be coordinated with the Maintenance Superintendent and will be incorporated into the landscape plan. 3. That all development standards applicable to condominium maintained as defined in Section 9563 of the Temple City Zoning Code be adhered to at all times. 4. That roll -up type garage doors and automatic garage door openers shall be installed for each unit. 5. That the common yard areas shall be planted and maintained until the units are individually sold and continuously maintained thereafter. 6. That a minimum six (6) foot high block wall shall be main- tained along the west and south property lines, except within the front 20 feet back from the street property lines. 7. The applicant /owner shall maintain the subject property after this date and until sale of the property is completed, free of weeds, debris, trash or any other offensive, un- healthful or dangerous material. If after five (5) days notice by certified mail, the applicant /developer does not comply with the above - mentioned criterion, the Community Development Director may either cancel the Zone Variance, Conditional Use Permit, or Parcel Map, Building Permits, etc. that had previous Planning Commission or City Council approval (such cancellation to be ratified by City Council) and /or enter the subject property with City forces and remove all subject violations, bill the applicant and /or put a lien on the subject property. Resolution No. 90 -2976 Page 4 8. Community Disposal Company has indicated curb side trash service is adequate for the subject project. The CC &R's shall specify that each owner /occupant shall be responsible for providing individual trash collection; the Homeowners Association shall be responsible for ensuring trash collec- tion from the site. ENGINEERING 9. That this Tentative Parcel Map, Conditional Use Permit and Zone Variance shall expire 24 months from the date of ap- proval. If the final map is not to be recorded prior to the expiration date, the subdivider should 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 granting of any extension of time to record the final map shall be at the discretion of the granting body. 10. That this Tentative Map shall not become effective unless the request for Conditional Use Permit and Zone Variance are approved and vice versa. 11. That a method for continual maintenance of common areas shall be provided in the Covenants, Conditions and Restric- tions (CC &R's) and that this document shall incorporate maintenance provisions for parkways, perimeter block walls, driveways, the exterior of all structures and all yard areas determined by the City to be common yard areas. For pur- poses of this project located at the southwest corner of Freer Street and Santa Anita Avenue, the common yard areas shall include those yard areas between the structures and the public right -of -way. Said common yard areas shall be maintained in a uniform fashion by the homeowners associa- tion. Additionally, the CC &R's shall state that it shall be the responsibility of the Homeowner's Association to main- tain the exterior of all buildings in a uniform color and condition. Provisions for third party arbitration shall be set forth in the CC &R's. CC &R's shall also prohibit any construction of structures in any private yard areas or exclusive use areas, with the exception of patio covers; said patio covers shall require the permission of the Asso- ciation. The CC &R's and provisions contained therein shall be subject to the review and approval of the City Attorney and Planning Department prior to the approval of the Final Map. 1 1 1 1 Resolution No. 90 -2976 Page 5 12. That the maintenance of the proposed project shall be kept in accordance with City standards. Improvements shall be properly maintained to include landscaping, private drives and perimeter walls to the satisfaction of the City. This could be achieved by the formation of a homeowner's associa- tion, comprised of the owners of the residential units, responsible for the maintenance of the common areas. 13. Approval of this map shall be obtained from the Drainage Unit of the Los Angeles County Public Works Department. Drainage issues will be addressed at the time of building plan submittal. 14. The subdivider shall maintain separate house laterals to serve each building in the land division. 15. The constructed water system with appurtenant facilities must be able to serve the lot in the land division prior to recordation of the final map. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be approved by the fire marshall to accommodate the total domestic and fire flows. 16. There shall be filed with the Los Angeles County Public Works Department a statement from the water purveyor indi- cating that the water system will be operated by the pur- veyor and that under normal operating conditions, the system will meet the requirements for the land division, and that water service will be provided to each lot. 17. Easements shall be granted to the City, appropriate agency or entity for the purpose of ingress, egress, construction and maintenance of all infrastructure constructed for this land division to the satisfaction of the Los Angeles County Public Works Department. 18. A deposit is required to review documents and plans for final map clearance in accordance with Section 21.36.10 (c) of the Subdivision Ordinance. 19. Place a note on the final map to the satisfaction of the Los Angeles County Public Works Department indicating that this map is approved as a condominium project for two (2) units. 20. That the units of air space shall not be shown on the final map but be defined on the condominium plans to be recorded as a separate instrument. Resolution No. 90 -2976 Page 6 21. Prior to final approval of the Parcel Map, submit a nota- rized affidavit to the Los Angeles County Public Works Department, signed by all owners of record at the time of filing of the map with County Recorder, stating that the proposed condominium buildings have not been constructed or that the buildings have not been occupied or rented and that said buildings will not be occupied or rented until after the filing of the map with the County Recorder. 22. A final map prepared by, or under the direction of, a regis- tered civil engineer or licenses land surveyor must be processed through the Los Angeles County Public Works Department prior to being filed with the County Recorder. 23. Private easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication until after the final map is field 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 map. 24. If signatures of record title interests appear on the final map, submit a preliminary guarantee. A final guarantee will 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 owners. The account for this preliminary title report /guarantee should remain open until the final map is filed with the County Recorder. 25. Prior to submitting the final map to the Los Angeles County Public Works Department for it's examination pursuant to Section 66450 of the Government Code, obtain clearances from all affected Departments and Divisions including a clearance from the Subdivision Section of the Land Development divi- sion of the Los Angeles County Department of Public Works for the following mapping items: mathematical accuracy, survey analysis, and correctness of certificates, etc. 26. Prior to the issuance of any "Occupancy Permit" the loca- tions of each structure on each lot must meet the grading or building permit requirements. The owner of the property agrees to develop the property in conformance with the Temple City Municipal Code and other appropriate ordinances such as the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Undergrounding of Utilities Ordinance, Water Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, Fire Code and Zoning Ordinance. 1 1 1 1 1 1 Resolution No. 90 -2976 Page 7 BUILDING AND SAFETY 27. Each building shall maintain a separate connection to a mainline sewer. FIRE PROTECTION 28. Provide water mains, fire hydrants, and fire flows as re- quired by the County Forester and Fire Warden for all land shown on the map to be recorded. 29. Install Fire Department and City approved building address numbers on each of the two structures prior to occupancy. 30. Fire Department access shall extend to within 150 feet distance of any portion of structures, unless waived by the Fire Department. 31. The required fire flow for public fire hydrants at this location is 1250 gallon per minute @ 20 psi for a duration of two (2) hours, over and above maximum daily domestic demand. 32. Fire Hydrant requirements are as follows: Upgrade existing public fire hydrant(s) located at the southeast corner of Freer Street and Santa Anita Avenue. If existing hydrant meets fire flow requirements, upgrade will not be needed. 33. All hydrants shall measure 6" x 4" by 2 -1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. All hydrants shall be installed a minimum of 25' from a structure or protected by a (2) hour fire wall. 34. An automatic fire sprinkler system shall be installed in garages of each unit to the satisfaction of the Los Angeles County Fire Department and the Building and Safety Divi- sion. PUBLIC WORKS 35. All public improvements have been installed; no additional requirements. SPECIAL REQUIREMENTS 36. Both dwelling units shall remain unoccupied until the final map is recorded. 37. The individual houses shall be re- addressed onto Freer Avenue. Resolution No. 90 -2976 Page 8 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. do9wizr/ )4efr4aZ Mayor I hereby certify that the foregoing Resolution, Resolution No. 90 -2976 was duly adopted by the City Council of the City of Temple City on the 19th day of June, 1990 by the following vote: AYES: NOES: ABSENT: Councilmember- Froehle, Manning,McGowan,Wilson,Breazeal Councilmember -None Councilmember -None