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HomeMy Public PortalAboutResolution 01-40041 1 1 RESOLUTION NO. 01-4004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ACCEPTING THE APPLICANT'S WITHDRAWAL OF A REQUEST FOR A ZONE VARIANCE TO PERMIT A TWO -STORY DWELLING ON A FLAG LOT AND APPROVING ZONE VARIANCE 01 -1447 AND TENTATIVE PARCEL MAP NO. 26283, A REQUEST TO SUBDIVIDE ONE LOT INTO THREE (3) LOTS (INSTEAD OF NO MORE THAN TWO (2) LOTS) AND TO SUBDIVIDE THE LOT WHICH CONTAINS 147.5 FEET OF STREET FRONTAGE (INSTEAD OF NOT MORE THAN 100 FEET OF STREET FRONTAGE) INTO THREE (3) SEPARATE PARCELS TO ACCOMMODATE THREE (3) DETACHED SINGLE - FAMILY DWELLINGS IN THE R -1 ZONE AT 9439 OLIVE STREET (TRITECH/WU) The City Council of the City of Temple City does hereby resolve: SECTION 1. Based upon a public hearing for a Zone Variance and Tentative Parcel Map as described above, the Planning Commission conducted a public hearing, was unable to reach a majority consensus and therefore referred this matter to the City Council for their review and determination. Based upon information contained in the Planning Commission staff report as well as the report made to the City Council and based upon testimony received at the Planning Commission meeting as well as testimony received at the public hearing conducted by the City Council, the City Council hereby makes the following findings relative to this application: ZONE VARIANCE FOR A TWO -STORY DWELLING ON A PROPOSED FLAG LOT; ACCEPT WITHDRAWAL OF REQUEST ZONE VARIANCE: APPROVAL OF A FLAG LOT SUBDIVISION OF A PARCEL WITH MORE THAN 100 FEET OF STREET FRONTAGE INTO THREE (3) SEPARATE LOTS: 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 lot is rectangular in shape with a 147 -foot width and a 212 —foot depth and an overall area of 31,342 square feet; 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 lot is approximately 3/4 of an acre in size and each of the proposed three lots substantially exceeds the minimum lot size requirement; other flag lot developments are permitted with minimum lot sizes of 7,200 square feet, which is comparable to this three -lot subdivision; and 3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the adjacent or neighboring properties in that each of the two lots with primary frontage will exceed the minimum lot width of 60 feet and the proposed flag lot will substantially exceed the minimum lot size by being approximately 11,689 square feet in size. If the flag lot development is limited to single - story structures, the proposal will not adversely impact neighboring properties; and 4. That there are special circumstances as provided in Section 65906 of the California Government code in that the subject lot contains over 31,000 square feet of land area, which is large enough to easily accommodate thrive iots, one of which would be a flag lot. The lot is level and grade and is comparable to other lots throughout the City except for the rather large size Resolution No. 01 -4004 Page 2 TENTATIVE PARCEL MAP APPROVAL 1. That the design and improvement of the proposed subdivision is consistent with the Zoning Code to the extent that it would allow for a subdivision of land where each parcel would exceed the minimum lot width and size criteria; and 2. That the site is physically suitable for the proposed type of development and proposed density of development in that each of the newly- created Tots will allow one single - family dwelling; each new single- family dwelling must comply with all applicable standards of development for the single - family residential zone; 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 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. SECTION 3. Accordingly, the two Zone Variances as described above and the Tentative Parcel Map are approved, subject to the following conditions: PLANNING 1. The proposed development is in substantial compliance with the submitted subdivision map and development plans date stamped April 25, 2001, except as modified herein. Proposed Lot 3 may have a 15- foot -wide access way to Olive Street; said access way shall be improved with a concrete driveway having decorative, stamped concrete and creeping fig or comparable landscaping. The flag lot (Lot 3) shall be limited to single -story construction where the maximum height of the dwelling does not exceed 18 feet and where the maximum distance between the floor and the ceiling above does not exceed 12 feet. 2. A block wall, six (6) feet in height, shall be constructed around the perimeter of Lots 1 and 2 of the site, except within the front yard area, even with the front of the proposed new dwellings; in the front 20 feet back from the Olive Street property line, no wall or fence shall exceed three (3) feet or 36 inches in height. A block wall, six (6) feet in height, shall also be constructed around the perimeter of Lot 3, except within the front 20 feet back from the Olive Street property line. The perimeter block wall to be around the entire site shall be erected prior to recordation of the final map. 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 installatiLA cf the block wall. 3. The applicant/property owner shall demolish all structures and shall remove all debris, excessive vegetation, weeds, vehicles, appliances and other unsightly, unhealthful and dangerous materials from the lot within 90 days of the approval date; said lot shall be in complete compliance with the City's property maintenance standards and criteria, as determined by the City's Public Safety Manager, no later 1 1 1 1 1 1 Resolution No. 01 -4004 Page 3 than July 31, 2001. Subsequent to the initial abatement of existing property nuisances, the subject property shall be continuously maintained in compliance with the City's property maintenance regulations until start of construction and completion of the project. If after five (5) days' notice by certified mail the developer does not comply with the before - mentioned criterion, the City Council may either cancel the Zone Variance, Tentative Map, Building Permits 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. 4. 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 a.m. through 6:00 p.m., Monday through Saturday and by requiring all trucks and motorized equipment to have properly operating mufflers. No construction work shall occur on Sunday. 5. The Park Development fee 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. 6. Based upon an assumed traffic generation factor of 10 trips per day per dwelling unit, the proposed development would require 6.8 credits per additional dwelling unit being added. This project will result in one (1) additional dwelling unit. Based upon an estimated value of $55 per credit, a Congestion Management Program fee shall be paid in the amount of $374 prior to the issuance of building permits. 7. All windows shall be double pane to mitigate noise impacts and assist in energy conservation. 8. 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 9. That this Zone Variance and Tentative Parcel Map shall expire 24 months from the date of approval. If the final map is not to be recorded prior to the expiration date, the subdivider may apply in writing to the Community Development Department 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. Prior to the issuance of building permits, plans must be approved to: a. Eliminate sheet overflow and ponding. b. Provide for contributory drainage from adjoining properties. c. Provide for the proper distribution of drainage. 11. A grading plan and detailed soils engineering report must be submitted and approved by the Geology and Soils Section of the Los Angeles County Department of Public Works prior to approval of the final map to assure that all geologic factors have been properly evaluated. 12. 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 of the perimeter block wall and prior to recordation of the final map. The drainage plan mus demonstrate that the site will be free of flood hazard and provide for contributory drainage from adjacent properties. (The drainage plan and the grading plan may be submitted in combination). 13. 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. Resolution No. 01 -4004 Page 4 14. The subdivider shall submit an area study to the Los Angeles County Public Works Department to determine if 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 Los Angeles County Public Works Department. 15. The discharge of sewage from this land division into the public sewer system shall not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. 16. If necessary, construct or bond for a water system with appurtenant facilities to serve all buildings 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 main shall be sized to accommodate the total domestic and fire flows. 17. There shall be filed with the Los Angeles County Public Works Department a statement indicating 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 each lot. 18. 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. 19. 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 subordinate 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. 20. A final map prepared by, or under the direction of a registered civil engineer or licensed land surveyor must be processed through the Los Angeles County Department of Public Works prior to being filed with the County Recorder. 21 Prior to submitting the final map to the Los Angeles County Department of Public Works for its 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 division of the Los Angeles County Department of Public Works for the following mapping items: mathematical accuracy, survey analysis, and correctness of certificates, signatures, etc. 22. At the time of issuance of a grading or building permit, the owner shall agree 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, Undergrounding of Utilities Ordinance, Water Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, and Fire Code. 23. 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 m 3p, preliminary title report/guarantee is needed that covers the area showing all fee owners and interest : elders. 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. 01 -4004 Page 5 BUILDING AND SAFETY 24. Building permits shall be obtained for all demolition work. 25. Abandoned sewer lines are to be capped within five (5) feet of the front property line. 26. Each building must have a separate connection to the public sewer. 27. The lot drainage of each lot shall be collected by drainage facilities to be disposed of onto public streets or into storm drains. 28. Pools and ponds containing water shall be properly secured by fencing. FIRE PROTECTION 29. 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. 30. Provide Fire Department and City approved building address numbers prior to occupancy. 31. Fire Department access shall extend to within 150 feet of all portions of all structures whether existing or new unless waived by the Fire Department. 32. The required fire flow for public fire hydrants at this location is 1,250 gallons per minute @ 20 psi for a duration of two hours, over and above maximum daily domestic demand. 33. Fire hydrant requirements are as follows: In order to deem whether an upgrade is necessary, the water availability information on the hydrant shall be submitted to the Los Angeles County Fire Department. 34. 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 (2) hour fire wall. 35. All required fire hydrants shall be installed, tested and accepted prior to recordation of the final map. Vehicular access must be provided and maintained serviceable throughout construction. 36. The private driveway shall be indicated on the final map as "Fire Lane" with the width clearly depicted and shall be maintained in accordance with the Los Angeles County Fire Department. 37. The flag lot (Lot 3) shall have at least 15 feet of street frontage. 38. Access shall comply with Section 10.207 of the Fire Code which requires all weather access. All weather access requires paving. PUBLIC WORKS 39 Curbs and gutters: Replace and /or upgrade driveway aprons as may be required by the Cit: Nublic Works Coordinator and the Los Angeles County Public Works Department. Driveways to be abandoned shall be replaced with standard curb, and gutter. Repair any broken or damaged curb, gutter, and pavement on streets within or abutting the subdivision. Resolution No. 01 -4004 Page 6 40. Streetlights: Adequate street lighting presently exists at this location. None required. 41. Street Trees: Adequate trees presently exist at this location. None required. Obtain permits for the removal of any tree(s) located in the public right -of -way. 42. Surface Drainage: Provide all facilities necessary to accommodate contributory runoff from adjacent properties and all surface drainage from the subject property and conduct it into appropriate storm drain facilities. No concentrated runoff shall be allowed to drain across the sidewalk. 43. Sewers. Provide sewer main and laterals as required by Code. 44. Underground Utilities: All utilities shall be provided underground from primary service points in public right -of -way or on a rear property line, to service panels or facilities on buildings. Prior to issuance of building permits, submit a detailed utility plan for review and approval showing all utility pipes, wires, conduits and their respective points of connection. 45. 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 and be reviewed by the City's Public Works Coordinator. 46 Disposal of Constr u .tion Wast .: 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) 47. Solid Waste Management: Prior to the issuance of Certificate of Occupancy, provide a written report to the City of Temple 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 required for all waste material, including weight tickets. 48. Stormwater Pollution. The subdivider shall meet all requirements of the National Pollutant Discharge Elimination System (NPDES) related to pollutants, runoff or non - stormwater discharges. (TCMC 8100- 8405) SPECIAL REQUIREMENTS 49. The existing houses and all other structures on the site, except for the existing swimming pool which may be retained, shall be demolished and removed by July 31, 2001; and the existing swimming pool to be retained shall be properly secured to comply with all safety requirements. 50. The single -story dwelling which is permitted on proposed Lot 3 shall be set back no less than fifteen (15) feet from the north property Tine, no less than five (5) feet from the newly- created south property line, no less than fifteen (15) feet from the west property line and no less than twenty (20) feet from the east property line. 51. The garage parking to serve the proposed single - family dwellings on Lots 1 and 2 shall be situated to allow for "on- site" vehicular turnaround, thus eliminating the need for vehicles to back out into oncoming traffic. 1 1 1 1 1 1 Resolution No. 01 -4004 Page 7 52. The construction plans for Lots 1, 2 and 3 shall include a blue -line sheet(s) showing each page of this resolution, including all conditions of approval contained therein. 53. 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. 54. In completing the drainage and grading plan, the Planning Commission shall review, at a noticed public hearing, any proposed grading /drainage plan if more than 12 inches of cut or fill is proposed. 55. The legal description on the final parcel map shall be reviewed and approved by the Land Development Division of the Los Angeles County Public Works Department. 56. The Conditions of Approval contained in this Resolution may be enforced by the Sheriffs office as well as City staff. Any violation of any condition is a misdemeanor and may be processed directly by criminal complaint. 57. This Resolution shall not become valid until all responsible parties have signed and agreed to the aforementioned conditions of this Resolution. SECTION 4. Accordingly, the two zone variances to allow for a subdivision of a flag lot with more than 100 feet of street frontage and to allow for a subdivision of an existing parcel into three lots, one of which is a flag lot, is hereby approved in conjunction with the parcel map as described herein. PASSED, APPROVED AND ADOPTED this 1st day of May, 2001. 44L MAYOR ATTEST: City Clerk I, City Clerk of the City of Temple City, do hereby certify that Resolution No. 01 -4004 was adopted at a regular meeting of the City Council of the City of Temple City held on the 1st day of May, 2001. It was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested by the City Clerk at a regular meeting held on the 1st day of May, 2001 by the following vote: AYES: Councilman - Vizcarra, Zovak, Gillanders, Wilson NOES: Councilman - Souder ABSENT: Councilman -None »� Lei-IALU-41.) City Clerk Resolution No. 01 -4004 Page 8 r y, Property Owner / MCrFlyi7. Applicant/Engineei- Date 0 Date �S 3 1 1 1