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HomeMy Public PortalAboutResolution 90-3016RESOLUTION 90 -3016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING VESTING TENTATIVE TRACT MAP 49768 AND CONDITIONAL USE PERMIT 90 -1066 A REQUEST BY JOHN CAMBIANICA TO ALLOW THE DEVEL- OPMENT OF A SIX (6) UNIT DETACHED RESIDENTIAL CONDOMINIUM PROJECT FOR PROPERTY LOCATED AT 6161 & 6163 TEMPLE CITY BOULEVARD. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Based upon testimony received at a noticed public hearing and upon facts contained in the staff report and testimony received at a noticed public hearing before the Plan- ning Commission and findings enumerated in the Planning Commis- sion Resolution, the City Council approves the request subject to the following modifications and additions to Planning Commission Resolution No. 90- 1576PC (Attached as Exhibit "A "). 1. Condition No. 2 of Planning Commission Resolution No. 90- 1576PC shall include a proviso that the proposed trees to be planted at the rear of the property line shall be planted upon completion of the project. 2. Condition No. 31 of Planning Commission Resolution No. 90- 1576PC shall be followed by the following verbiage: "Except for those specific development rights which are assured by virtue of an approved Vesting Tentative Map." 3. Condition No. 47 relative to street trees shall be modified to require the installation of two new 24" box -size trees as specified by the Park Maintenance Superintendent. Root barriers shall be required. 4. Off -site water line improvements shall be made to provide adequate domestic and fire flows to the satis- faction of the Los Angeles County Fire Department, Los Angeles County Department of Public Works and the City of Temple City. Improvement plans shall be submitted for review and shall be subject to the approval of the above indicated agencies prior to recordation of the final Vested Tentative Tract Map. 5. All conditions specified in Planning Commission Resolu- tion 90- 1576PC, attached hereto as Exhibit "A" shall be incorporated herein by this reference. Section 2. Accordingly, Vesting Tentative Tract Map is hereby approved. Resolution 90 -3016 Vesting Tentative Tract Map No. 49768 Conditional Use Permit 90 -1066 Page 2 Section 3. The City Clerk shall certify to the passage and adoption of this resolution. APPROVED AND ADOPTED this 4th day of December, 1990. MAYOR a�- I hereby certify that the foregoing Resolution, Resolution No. 90 -3016 was duly adopted by the City Council of the City of Temple City at a regular meeting held on the 4th day of December, 1990, by the following vote: AYES: Councilmember- Froehle, Manning,McCowan,Wilson,Breazeal NOES: Councilmember -None ABSENT: Councilmember -None ity Clerk 1 1 RESOLUTION 90- 1576PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY APPROVING VESTING TENTATIVE TRACT MAP 49768 AND CONDITIONAL USE PERMIT 90 -1066 A REQUEST BY JOHN CAMBIANICA TO ALLOW THE DEVELOPMENT OF A SIX (6) UNIT DETACHED RESIDENTIAL CONDOMINIUM PROJECT FOR PROPERTY LOCATED AT 6161 & 6163 TEMPLE CITY BOULEVARD. The Planning Commission of Temple City does hereby resolve: Section 1. Based upon a public hearing for a Vesting Ten- tative Tract Map, and a Conditional Use Permit as described above the Planning Commission finds: VESTING TENTATIVE TRACT 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 prescribed by the California Regional Water Quality Control Board pursuant to Division 7 of the Water Code. CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size, shape, topography and circumstances in that the site has a width of 98 feet and a length of 220 feet for a total land area of 21,560 square feet. Based upon the Zoning and General Plan this land area would allow a total of 8 dwell- ing units. The proposal involves 6 units. 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 Temple City Boulevard is a primary street with an 80 foot right -of -way and a 64 foot wide roadway. 3. That the proposed use will not have an 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 and provides Resolution 90- 1576PC Page 2 Vesting Tentative Tract Map No. 49768 Conditional Use Permit 90 -1066 adequate setbacks, open space and other safeguards to ensure reasonable consistency within the area. Section 2. This project should not result in any signifi- cant effects upon the environment and a Negative Declaration has been prepared in accordance with the State CEQA Guidelines. Section 3. Accordingly, the Vesting Tentative Tract Map and Conditional Use Permit are approved subject to the following conditions: PLANNING 1. That the proposed development is in substantial compliance with the submitted development plans date stamped August 28, 1990 and as shown on Exhibit "A ", except as modified herein. 2. That a detailed landscape and irrigation plan be submitted prior to the issuance of building permits. Said plans shall include architectural treatment applied to the private driveway /fire lane in the form of stamped concrete or other similar treatment and subject to the approval of the Plan- ning Department. At least one tree shall be provided for each dwelling unit; said trees shall consist of no less than six (6) twenty -four inch (24 ") box -size trees. Required street trees shall be incorporated into the landscape plan. 3. That all development standards applicable to condominium construction as defined in Section 9563 of the Temple City Zoning Code be adhered to at all times. 4. That roll -up type garage doors with automatic 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 main- tained thereafter. 6. That 6 foot chain link security fencing be installed around the site before demolition of existing structures, and remain until the six (6) foot high block wall is constructed. 7. Prior to recordation of the final map a minimum six (6) foot high block wall shall be constructed around the perimeter o the property, except within the front 20 feet back from th street property line. If said wall cannot be constructe along the rear of the lot because of easements, said wal may be re- situated as necessary, subject to review and approval of the Planning Department. 1 Resolution 90- 1576PC Vesting Tentative Tract Map No. 49768 Conditional Use Permit 90 -1066 Page 3 8. The applicant /owner shall maintain the subject property after this date and until start of construction and until project is completed, free of weeds, debris, trash or any other offensive, unhealthful or dangerous material. If after five (5) days notice by certified mail, the appli- cant /developer does not comply with the above - mentioned criterion, the Community Development Director may either cancel the Conditional Use Permit, Vesting Tentative Tract 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. 9. A 10 foot by 7 foot trash enclosure shall be provided. Said enclosure shall consist of a 6 -foot high decorative masonry wall with a 6 inch curb around the interior wall; said enclosure shall be equipped with metal gates and latches. The final location and design of the trash enclosure shall be subject to the review and approval of the Planning Department. 10. That noise shall not exceed the limits of the City's noise ordinance. During demolition and construction, noise will be controlled by limiting work on the site to 7:00 a.m. through 6:00 p.m. Monday through Saturday, and by requiring all trucks and motorized equipment to have properly operat- ing mufflers. The applicant indicated that construction work will not be done on Sundays and has voluntarily agreed to ensure that no construction work is done on Sundays. 11. That the Park Development fee and the Sewer Reconstruction fee be paid to the City of Temple City prior to the issuance of building permits. 12. That all windows shall be double pane to mitigate noise impacts and assist in energy conservation. 13. That heating and air conditioning equipment shall be located so as not to be visible from public streets or adjacent properties in order to avoid disturbing adjacent tenants or property owners with noise or exhaust. ENGINEERING, 14. That this Vesting Tentative Map shall expire 24 months from the date of approval. If the final map is not to be re- corded 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 Resolution 90- 1576PC Vesting Tentative Tract Map No. 49768 Conditional Use Permit 90 -1066 Page 4 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. 15. That this Vesting Tentative Map shall not become effective unless the request for Conditional Use Permit is approved. 16. 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, trash enclosures, the exterior of all structures and all yard areas determined by the City to be common yard areas. Specifically, the CC &R's shall state that it shall be the responsibility of the Homeowner's Association to maintain the exterior of all buildings in a uniform color and conditions. 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 Association. The CC &R's and provisions contained therein shall be subject to the review and approval of the City Attorney and Planning Com- mission /City Council prior to the approval of the Final Map. 17. That the maintenance of the proposed project shall be kept in accordance with City standards. Once constructed, im- provements shall be properly maintained to include landscap- ing, private drives and perimeter walls to the satisfaction of the City. This could be achieved by the formation of a homeowner's association, comprised of the owners of the residential units, responsible for the maintenance of the common areas. 18. 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. 19. The subdivider shall install separate house laterals to serve each building in the land division. Installation and dedication of main line sewers on site shall be required. 20. Construct a water system with appurtenant facilities to serve the lot in the land division prior to recordation of the final map. The system shall include fire hydrants o the type and location as determined by the Los Angele County Fire Department. The water mains shall be sized t accommodate the total domestic and fire flows. 1 1 1 Resolution 90- 1576PC Vesting Tentative Tract Map No. 49768 Conditional Use Permit 90 -1066 Page 5 21. 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. 22. 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. 23. 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 24. 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 6 units. 25. 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. 26. Prior to final approval of the Vesting Tentative Tract Map, submit a notarized affidavit to the Los Angeles County Public Works Department, signed by all owners of record at the time of filing of the map with the County Recorder, stating that the proposed condominium buildings have not been constructed or that the buildings have not been occu- pied or rented and that said buildings will not be occupied or rented until after the filing of the map with the county Recorder. 27. A final map prepared by, or under the direction of, a regis- tered civil engineer or licensed land surveyor must be processed through the Los Angeles County Public Works Department prior to being filed with the County Recorder. 28. 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 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 map. Resolution 90- 1576PC Vesting Tentative Tract Map No. 49768 Conditional Use Permit 90 -1066 Page 6 29. 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. 30. 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. 31. In lieu of establishing the final specific locations of structures on each lot at this time, the owner, at the time of issuance of a grading or building permit, agrees t develop the property in conformance with the Temple Cit Municipal Code and other appropriate ordinances such as th Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Undergrounding of Utili- ties Ordinance, Water Ordinance, Sanitary Sewer and Indus- trial Waste Ordinance, Electrical Code, Fire Code and Zoning Ordinance. 32. A soils report shall be prepared by a qualified engineer to the satisfaction of the City Engineer. BUILDING AND SAFETY 33. Building Permits are to be obtained for all demolition work. All demolition work shall be completed prior to final map recordation. 34. Each building must have a separate connection to an on -site mainline sewer. 35. All abandoned sewer lines are to be capped within five (5) feet of the front property line. FIRE PROTECTION 36. Provide water mains, fire hydrants, and fire flows as r quired by the County Forester and Fire Warden for all la shown on the map to be recorded. 1 1 1 Resolution 90- 1576PC Vesting Tentative Tract Map No. 49768 Conditional Use Permit 90 -1066 Page 7 37. Provide Fire Department and City approved building address numbers prior to occupancy. 38. Fire Department access shall extend to within 150 feet distance of any portion of structures to be built unless waived by the Fire Department. 39. The private driveway shall be indicated on the Final Tract Map as "PRIVATE DRIVEWAY - FIRE LANE ". Said driveway shall be posted "NO PARKING - FIRE LANE" and shall be maintained in accordance with the Los Angeles County Fire Department. 40. The required fire flow for public fire hydrants at this location is 1250 gallons per minute @ 20 psi for a duration of two (2) hours, over and above maximum daily domestic demand. 41. Fire Hydrant requirements are as follows: Install one public fire hydrant per the Los Angeles County Fire Depart- ment. Fire flow data shall be provided after the Public Fire Hydrant(s) is installed. 42. 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. 43. All required fire hydrants shall be installed or upgraded, tested and accepted prior to recordation of the final map. Vehicular access must be provided and maintained serviceable throughout construction. 44. 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 45. Curbs, gutters, sidewalks: Maintain existing curb, gutter and sidewalk. Remove existing driveway and drive approach and replace with new curb, gutter and sidewalk. Install new drive approach to serve project. Protect or relocate exist- ing cable TV pull box. Protect all other existing utility facilities. 46. Street lights: None requirement. Street lights existing on opposite side of street. Resolution 90- 1576PC Vesting Tentative Tract Map No. 49768 Conditional Use Permit 90 -1066 Page 8 47. Street Trees: Obtain permit from City to remove existing street tree. Install two new 24" box Lemon Bottlebrush (Callistemon Citrinus) trees behind sidewalk. Root barriers will be required. 48. Surface Drainage: Provide all facilities necessary to accommodate contributory runoff and all surface drainage from the subject property and conduct it into appropriate storm drain facilities in Temple City Boulevard. No drain- age shall be allowed to flow across a sidewalk. 49. Sewers: Provide and dedicate to City new on -site sewer main and 10' sewer easement. 50. Underground Utilities: All utilities shall be provided underground from primary service point in public right -of -way or on rear property line to service panels or facilities on building. Prior to issuance of building permits, provide to Public Works Department a detailed utility plan for review and approval showing all utility lines and conduits and their respective points of connec- tion. 51. Dedications: No additional right -of -way dedications re quired. Dedicate 10' sewer easement to the City. 52. Permits: Show on plot plan all right -of -way improvements from centerline of street to property line. Permits shall be obtained prior to commencement of any work in the public right -of -way. All work in the public right -of -way shall meet L.A. County Public Works Department Standards. 53. Disposal of Construction Waste: No construction activity waste material of any kind, including plaster, paint, mud, or any other type of debris or liquid shall be allowed to be disposed of in the street or gutter or storm drain or sewer system. Failure to comply with this condi- tion will result in charges being filed with the District Attorney. (TCMC 3400 -3411) 54. Solid Waste Management: Prior to issuance of Certificate of Occupancy, provide a written report to Public Works Department showing description and quantity by weight of all construction and demolition debris and method and location of disposal. Solid waste includes asphalt, concrete, brick, sand, earth, wood, plaster, drywall, paper, cardboard, wir plastic, etc. Total quantities and general categories a all that is currently required. 1 1 1 1 Resolution 90- 1576PC Vesting Tentative Tract Map No. 49768 Conditional Use Permit 90 -1066 Page 9 SPECIAL REQUIREMENTS 55. The building construction plans shall include a blue -line sheet(s) showing each page of this resolution, including all conditions of approval contained herein. 56. All existing structures on the subject site shall be removed - prior to recordation of the final map. 57. No building or grading permits shall be issued until the final map has been recorded. Demolition permits for site clearance may be issued at any time. 58. The proposed "pop -out" closets which overhang the guest parking areas between structures shall be eliminated: the guest parking areas shall be open to the sky, exception for permitted eave encroachments. 59. Any required grading plans shall be reviewed and approved by the Planning Department prior to issuance of a grading permit. Any change in pad elevation or proposed retaining walls shall be delineated on said grading plan. 60. All existing off -site meters and laterals shall be moved on -site prior to recordation of the final map. The existing off -site water meter shall be replaced and /or relocated to the satisfaction of the East Pasadena Water Company, The Los Angeles County Fire Department and the City of Temple City. Section 4. The Secretary shall certify to the adoption of this Resolution. I hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temple City on the 13th day of November, 1990 by the following vote: AYES: Commissioners Budds, Floyd, Muto, Seibert and Griffiths NOES: None ABSENT: None Secretary