HomeMy Public PortalAboutResolution 90-2976 TTM 21992 5241 Santa Anita Avenue1
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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:
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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.
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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.
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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