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HomeMy Public PortalAboutResolution 95-34041 1 1 RESOLUTION NO. 95 -3404 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING TENTATIVE TRACT MAP 51975 TO ALLOW A RESIDENTIAL PLANNED DEVELOPMENT CONSISTING OF EIGHT (8) HOMES FOR THE PROPERTY LOCATED AT 9921 -9945 OLIVE STREET IN THE SINGLE FAMILY (R -1) ZONE. (OWEN) THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE: SECTION 1. Based upon testimony received at a noticed public hearing before the City Council and upon facts contained in the Planning Commission Minutes and staff report dated February 28, 1995, the City Council fmds: ZONE CHANGE 1. That the request to construct eight single family dwellings is in conformance with the Temple City General Plan; and 2. That the project consists of single family dwellings which is compatible with the surrounding land uses; and 3. That the Provisional Plan and the Precise Plan is in conformance with Section 9444 -9446 of the Temple City Zoning Code. TENTATIVE TRACT MAP 1. That the design and improvement of the proposed subdivision is consistent with the City's General Plan and Zoning Code as well as the requirements of the State Subdivision Map Act, Sections 66473.5, 66474 and 66474.6; and 2. That the site is physically suitable for the proposed type of development and the proposed density of development; and 3. That the design of the subdivision and the type of improvement will not conflict with the easements acquired by the public at large for access through or use of property within the proposed subdivision; and 4. That the requirement that all properties contain frontage upon a public street be waived due to the type of development and based upon the fact that the properties will front onto Lot 9 which is utilized exclusively as a private driveway; and 5. 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. SECTION 2. This project should not result in significant effects upon the environment and a Negative Declaration has been prepared in accordance with the State CEQA Guidelines. The initial statement as prepared indicates that there is no potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. Resolution No. 95 -3404 Page 2 SECTION 3. Accordingly, the Zone Change and Tentative Tract Map are approved, subject to the following conditions: PLANNING 1. The proposed development is in substantial compliance with the submitted development plans date stamped January 12, 1995, except as modified herein. 2. A detailed landscape and irrigation plan shall be submitted prior to the issuance of building permits. At least one tree shall be provided for each dwelling unit; said trees shall consist of no less than twenty -four inch (24 ") box -size trees. 3. All development standards applicable to single family residential construction as defined in Sections 9331 and 9440 of the Temple City Zoning Code shall be adhered to at all times. 4. The front yards as well as the Olive Street side yards shall be planted and maintained until the dwellings are individually sold and continuously maintained thereafter. 5. A chain link security fencing six (6) feet in height shall be installed around the site prior to the demolition of existing structures. The chain link fence shall remain until the required six (6) foot high block wall is constructed. Any unoccupied dwelling shall be boarded and fenced so as to prevent vandalism 6. A block wall six (6) feet in height shall be constructed around the perimeter of the property, except within the front 10 feet back from the Olive street property line prior to final map approval. In the front 10 feet along Olive Street, a wall may be constructed three feet in height if solid or six feet in height if constructed of ornamental wrought iron and masonry pillars. A bond may be posted in lieu of constructing the perimeter block wall. A building permit shall be obtained for the construction of the block wall. A grading and drainage plan shall be submitted and approved by Los Angeles County Public Works Department prior to installation of the block wall. The block wall shall not be utilized as a retaining wall to retain more than 12 inches for the subject property or the abutting properties and shall not block contributory drainage from adjacent properties. 7. The applicant /property owner shall maintain the subject property after this date and until start of construction and until the project is completed free of weeds, debris, trash or any other offensive, unhealthful and dangerous material. If after five days notice by certified mail, the developer does not comply with the before - mentioned criterion, the City Council may either cancel the Zone Change, Tentative Map, Building Permits, etc. 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. 8. Noise shall not exceed the limits of the City's noise ordinance. During any demolition and/or construction, noise will be controlled by limiting work on the site to 7:00 am through 6:00 pm, Monday through Saturday and by requiring all trucks and motorized equipment to have properly operating mufflers. No construction work shall occur on Sunday. 9. The Park Development fees and the Sewer Reconstruction fee shall be paid to the City of Temple City prior to the issuance of building permits for any new construction. 1 1 1 1 1 1 Resolution No. 95 -3404 Page 3 10. All windows shall be double pane to mitigate noise impacts and assist in energy conservation. 11. 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 12. That this Zone Change and Tentative Map Permit shall expire 24 months from the date of approval. If the fmal map is not to be recorded prior to the expiration date, the subdivider should reapply 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 fmal map shall be at the discretion of the granting body. 13. That the Tentative Map shall not become effective until and/or unless the request for the Zone Change is approved. 14. That a method for continual maintenance of common areas shall be provided in the Covenants, Conditions and Restrictions (CC &R's) and that this document shall incorporate maintenance provisions for the private street (driveway). 15. A grading plan and detailed soils engineering report must be submitted and approved by the Geology and Soils Section prior to approval of the final map to assure that all geologic factors have been properly evaluated. 16. All geologic hazards associated with this proposed development must be eliminated or delineate restricted use areas, approved by the consultant geologist, to the satisfaction of the Geology and Soils Section, and dedicate to the County the right to prohibit the construction of buildings or other structures within the restricted use areas. 17. A drainage plan must be submitted for review and approval to the Plan Checking Section of the Los Angeles County Department of Public Works prior to installation or posting of a bond for the perimeter block wall and prior to recordation of the fmal map. The drainage plan must demonstrate that the site will be free of flood hazard and provide for contributory drainage from adjacent properties. 18. The subdivider shall dedicate an easement over Lot 9 for utilities including the mainline sewer. Approved and bonded sewer plans shall be on file with the Los Angeles County Public Works Department. 19. The subdivider shall submit an area study to the Los Angeles County Public Works Department 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 must be resolved to the satisfaction of the City Engineer. 20. 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 (commencing with Section 13000) of the Water Code. Resolution No. 95 -3404 Page 4 21. Dedicate right -of -way 30 feet from the centerline of Olive Street; a five (5) foot dedication is required across the west 168 foot frontage of the property along Olive Street as indicated on the tentative map. 22. Furnish the City with a street name acceptable to the subdivider which shall be approved by the City. 23. Prior to the final map approval, the subdivider shall enter into an agreement with the City franchised cable TV operator to permit the installation of cable in a common utility trench. 24. Construct or bond for a water system with appurtenant facilities to serve all lots 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 sized to accommodate the total domestic and fire flows. 25. There shall be filed with the Los Angeles County Public Works Department a statement from the water purveyor indicating that the water system will be operated by the purveyor and that under normal operating conditions, the system will meet the requirements for the land division, and that water service will be provided to the lot. 26. 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 City Engineer. 27. A deposit is required to review documents and plans for final map clearance in accordance with Section 21.36.010(c) of the Subdivision Ordinance. 28. 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 residential planned development for eight (8) residential lots and one common area Lot 9. 29. A final map prepared by, or under the direction of, a registered civil engineer or licensed land surveyor must be processed through the County of Los Angeles Department of Public Works prior to being filed with the County Recorder. 30. Private easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication to the City until after the final map is filed with the County Recorder unless such easements are subordinate to the proposed grant or dedication. If easements are granted after the date of tentative map approval, a subordination must be executed by the easement holder prior to the filing of the final map. 31. If signatures of record title interests appear on the final map, submit a preliminary title 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. 1 1 1 1 1 1 Resolution No. 95 -3404 Page 5 32. Prior to submitting the fmal map to the Los Angeles County Public Works Department for examination pursuant to Section 66442 of the Government Code, obtain clearances from all affected Departments and Divisions including a clearance from the Subdivision Section of the Building and Safety/Land Development Division of the Department of Public Works for the following mapping items• mathematical accuracy, survey analysis, and correctness or certificates, signatures, etc. 33. At the time of issuance of a building permit, the subdivider agrees to develop the property in conformance with the submitted plans, the City code and other appropriate ordinances such as the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utilities Ordinance, Water Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, and Fire Code. 34. A final guarantee will be required at the time of filing of the final map with the County Recorder. BUILDING AND SAFETY 35. Building permits are to be obtained for all demolition work. 36. Each building must have a separate connection to an on -site mainline sewer. Said mainline sewer shall be provided in the private driveway labelled as Lot 9. 37. Abandoned sewer lines are to be capped within five (5) feet of the front property line. 38. A sewer plan shall be part of the submittal to the Building Department. 39. A grading permit is required. Rough grading must be approved prior to the issuance of building permits. FIRE PROTECTION 40. Provide water mains, fire hydrants, and fire flows as required by the County Forester and Fire Warden for all land shown on the map to be recorded. 41. Provide Fire Department and City approved building address numbers prior to occupancy. 42. Fire Department access shall extend to within 150 feet distance of any portion of structures to be built unless waived by the Fire Department. 43. The required fire flow for public fire hydrants at this location is 1250 gallons per minute @ 20 psi for a duration of two hours, over and above maximum daily domestic demand unless as otherwise approved by the Los Angeles County Fire Department. 44. Fire hydrant requirements are as follows: Install one public fire hydrant. The fire hydrant shall be located on the east side of the subject property along Olive Street. The fmal location of the fire hydrant is subject to the approval of the Los Angeles County Fire Department. 45. All hydrants shall measure 6" x 4" x 2 -1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. All hydrants shall be installed a minimum of 25 feet from a structure or protected by a two (21 hour fire wall unless as an n_ rovPdi r,thprw;cP hv Taos An ieles County Department. Resolution No. 95 -3404 Page 6 46. All required fire hydrants shall be installed, tested and accepted or bonded for prior to recordation of the final map. Vehicular access must be provided and maintained serviceable throughout construction. 47. The private driveway labelled as Lot 9 shall be a minimum of 34 feet in width, measured curb to curb. 48. Access shall comply with Section 10.207 of the Fire Code which requires all weather access. All weather access requires paving. PUBLIC WORKS 49. Curbs, gutters, sidewalks: Close any unused driveways with standard curb, gutter and sidewalk. Install a three foot, six inch (3' -6 ") wide sidewalk approximately adjacent to the cul -de -sac private driveway as shown on the submitted plans. Install a five (5) foot wide sidewalk across the full Olive Street frontage of the property. 50. Street Lights: Remove two existing street lights currently located on telephone poles in front of the subject property along Olive Street and replace with two new 100w (9500 lumen) HPSV street lights on 25' marbelite poles with underground power. Install one new 100w (9500 lumen) HPSV street light on 25' marbelite pole with underground power in the cul- de-sac portion of the new private driveway. Coordinate the location and light installation with the City's Public Services Superintendent and Southern California Edison Company. 51. Street Trees: Provide street trees as required by the City's Public Services Superintendent. 52. 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. No runoff shall be allowed to drain across a public sidewalk. 53. Underground Utilities: All utilities shall be provided underground from a primary service point in public right -of -way or on a rear property line, to service panels or facilities on buildings. Prior to issuance of building permits, provide to the City's Public Works Division a detailed utility plan for review and approval showing all utility pipes, wires and conduits and their respective points of connection. 54. Permits: Show on plot plan all right -of -way improvements from centerline of street to property line. Permits shall be obtained from the Los Angeles County Public Works Department prior to commencement of any work in the public right -of -way. All work in the public right -of -way shall meet Los Angeles County Public Works Department standards. 55. Disposal of Construction Waste: No construction activity waste material of any kind, including plaster, cement, paint, mud, or any other type of debris or liquid shall be allowed to be disposed of in the street or gutter, storm drain or sewer system. Failure to comply with this condition will result in charges being filed with the District Attorney. (TCMC 3400 -3411) 1 1 1 1 Resolution No. 95 -3404 Page 7 56. Solid Waste Management: Prior to issuance of Certificate of Occupancy, provide a written report to the City Public Works Division 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, wire, plastic, etc. Total quantities and general categories are all that is currently required. SPECIAL REQUIREMENTS 57. The building construction plans shall include a blue -line sheet(s) showing each page of this resolution, including all conditions of approval contained herein. 58. All existing structures on the subject site shall be removed prior to recordation of the final map. 59. No building permits shall be issued until the final map has been recorded. Demolition permits for site clearance and grading permits may be issued at any time. 60. In completing the drainage and/or grading plan, the Planning Commission shall review, at a noticed public hearing, any proposed drainage plan if more than 12 inches of fill is proposed on the subject property. 61. No vehicular security gate shall be installed on the subject property. 62. The CC &R's shall contain provisions which allow the local franchised disposal company to enter the property with a trash disposal truck. Additionally, the CC &R's shall contain provisions which allow the street sweepers to enter the site. 63. Approval of this Tentative Tract Map shall not be effective until and unless the subject site is rezoned from R -1 to RPD; if the zone change is denied, this approval shall be null and void. SECTION 4. The City Clerk shall certify to passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON 21ST DAY OF MARCH, 1995. Al 1 EST: ir2P: c•- /,/ J,4) Crity,lerk Resolution No. 95 -3404 Page 8 I hereby certify that the foregoing Resolution, Resolution No. 95 -3404 was adopted by the City Council of the City of Temple City at a regular meeting held on 21st day of March, 1995 by the following vote: AYES: Councilmember- Gillanders, Souder, Wilson, Breazeal, Budds NOES: Councilmember -None ABSENT: Councilmember -None f. 1 1 1