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HomeMy Public PortalAboutResolution 02-4097RESOLUTION 02 -4097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING TENTATIVE PARCEL MAP NO. 26573, A REQUEST TO ALLOW A TWO UNIT CONDOMINIUM PROJECT AT 6202 -6206 TEMPLE CITY BOULEVARD (UPRISING ENGINEERING /BAGDADIAN) (TPM 26573) THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE: SECTION 1. Based upon information contained in the City Council and Planning Staff reports and based upon the fact that a Zone Variance was granted on June 4, 2002, to allow a two unit condominium project and based upon the fact that the subject development proposal complies with all applicable zoning criteria for the R -3 category and is consistent with the City's General Plan for the high density residential category, and based upon testimony received at this noticed Public Hearing as well as the noticed Public Hearing of June 4, 2002, the City Council hereby makes the findings as enumerated in Sections 2 and 3 and approves the subdivision subject to the conditions contained in Section 4 below. 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 there is no potential for adverse impact upon 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, Tentative Parcel Map No. 26573 is hereby approved based upon the following findings: 1. That the design and improvements of the subject subdivision are consistent with the City's Zoning Code; and 2. That the site is physically suitable for two detached single family dwellings which maybe owned individually as condominium units; and 3. That the design of the subdivision and the type of improvements will be similar to other properties in this particular area and throughout the City; 4. That the sewer discharge from the proposed subdivision would not result in a violation of the existing requirements prescribed by the California Regional Water Quality Control Board pursuant to Division 7 of the Water Code. 5. The subject proposal is consistent with the City's General Plan which designates this parcel as being high- density residential. SECTION 4. Accordingly, Tentative Parcel Map No. 26573 is hereby approved subject to the following conditions: PLANNING 1. The proposed development shall be in substantial compliance with the submitted subdivision map dated February 20, 2002 and the submitted development plans dated February 20, 2002, 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 be no less than twenty - four inch (24 ") box -size trees. 3. All development standards applicable to multiple family residential construction as defined in Section 9352 of the Temple City Zoning Code shall be adhered to at all times. Resolution 02- 4097CC Tentative Parcel Map 26573 Page 2 4. The front yard along Temple City Boulevard shall be planted and maintained until the dwellings are individually sold and continuously maintained thereafter. 5. A block wall, six (6) feet in height, shall be maintained around the outer perimeter of the site, except within the front yard area, even with the front of the houses. 6. The applicant/property owner shall maintain the subject property free of weeds, debris, trash or any other offensive, unhealthful and dangerous material until the project is completed. If after five (5) days notice by certified mail, the applicant/property owner does not comply with the before - mentioned criterion, the City Council may either cancel the 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. 7. That any new 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 8. 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. 9. A soils report must be submitted to the Geology and Soils Section of the Los Angeles County Public Works Department prior to final map approval. 10. 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 final map. The drainage plan must 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.) 11. The subdivider shall install and dedicate a main line sewer and serve each building with a separate house lateral or have approved and bonded sewer plans on file with the Los Angeles County Public Works Department. 12. 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 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. The CC &R's shall also prohibit the construction of structures in private yard areas or exclusive use areas, with the exception of patio covers; said patio covers shall require the permission of the Association. 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. 14. 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. 1 Resolution 02- 4097CC Tentative Parcel Map 26573 Page 3 15. A water system with appurtenant facilities to serve all parcels in the land division must be provided. 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. 16. A statement from the water purveyor shall be filed with the Los Angeles County Public Works Department 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. 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. 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. 19. 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 Public Works Department prior to being filed with the County Recorder unless waived in accordance with the State Subdivision Map Act. 20. The Tentative Parcel Map shall expire 24 months from the date of approval. If the final map is not recorded prior to the expiration date, the subdivider should 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. 21. 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. 22. 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 mains shall be sized to accommodate the total domestic and fire flows. 23. Prior to submitting the final map to the Los Angeles County Public Works Department 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. 24. The owner, shall agree to develop and maintain the property in conformance with the Temple City Municipal Codes 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. Resolution 02- 4097CC Tentative Parcel Map 26573 Page 4 25. 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 holders. The account for this preliminary title report/guarantee should remain open until the final map is filed with the County Recorder. 26. 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 condominium development for two (2) units. 27. Prior to final approval of the parcel 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 building has not been occupied or rented and that said building will not be occupied or rented until after the filing of the map with the County Recorder. 28. A final guarantee will be required at the time of filing of the final map with the County Recorder. BUILDING AND SAFETY 29. Building permits shall be obtained for all work. 30. Each dwelling is required to have a separate connection to the public sewer. All abandoned sewer lines are to be capped within five (5) feet of the front property line. 31. The lot drainage of each lot shall be collected by drainage facilities to be disposed of onto public streets or into storm drains. FIRE PROTECTION 32. 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. 33. Provide Fire Department and City approved building address numbers prior to occupancy. 34. 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. 35. 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. 36. 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. 37. 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. 38. 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. 1 Resolution 02- 4097CC Tentative Parcel Map 26573 Page 5 39. Access shall comply with Section 10.207 of the Fire Code which requires all weather access. All weather access requires paving. PUBLIC WORKS 40. Curbs and gutters: Replace and /or upgrade driveway aprons as may be required by the Public Works Coordinator and the Los Angeles County Department of Public Works. Driveways to be abandoned shall be replaced with standard curb, gutter, and /or sidewalk. Repair any broken or damaged curb, gutter, sidewalk and pavement on streets within or abutting the subdivision. 41. Street Lights: Relocate existing streetlight 20' south of driveway per request of Southern California Edison; remove and replace sidewalk as needed. All work is to be completed at the expense of the property owner. 42. Street Trees: None required. 43. 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. 44. Sewers: Provide sewer main and laterals as required by Code. 45. 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 recordation of final map, a detailed utility plan shall be submitted for review and approval showing all utility pipes, wires, conduits and their respective points of connection. 46. 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 Department of Public Works 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 Department of Public Works standards and shall be reviewed by the City Public Works Coordinator. 47. 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) 48. Solid Waste Management: Prior to the Certificate of Occupancy, provide a written report to the City 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, wire, plastic, etc. Total quantities and general categories are required for all waste material, including weight tickets. 49. Stormwater Pollution: The subdivider shall meet all requirements of the National Pollutant Discharge Elimination System (NPDES) related to pollutants, run -off or non - stormwater discharges. (TCMC 8100 -8405) 1 Resolution 02- 4097CC Tentative Parcel Map 26573 Page 6 SPECIAL REQUIREMENTS 50. No occupancy permit shall be approved until the final map has been recorded. Neither condominium shall be occupied or utilized for any purpose whatsoever until the final subdivision map has been recorded. 51. This Resolution shall not become valid until all responsible parties have signed and agreed to the aforementioned condition of this Resolution. 52. 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. 53. The CC &R's shall include a statement to the effect that in the event that the owners of said condominium units cannot agree upon the repair and maintenance of the Common Area, then such dispute shall be resolved by binding arbitration as set forth in Exhibit "A ", attached hereto. The City may at its discretion, intervene if necessary, to resolve a'dispute by serving as the tie - breaker; however, it shall not be incumbent upon the City to serve in that capacity. SECTION 5. The City Clerk shall certify to the passage of adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON THIS 18th DAY OF JUNE, 2002 ATTEST: fi City Clerk I, City Clerk of the City of Temple City, do hereby certify that Resolution No. 02 -4097 was adopted at a regular meeting of the City Council of the City of Temple City held on the 18th day of June, 2002. 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 18th of June, 2002 by the following vote: AYES: Councilman - Wilson, Vizcarra, Gillanders NOES: Councilman - Souder, Zovak ABSENT: Councilman -None 1 1 1 Resolution 02- 4097CC Tentative Parcel Map 26573 Page 7 READ, UNDERSTOOD AND CONDITIONS APPROVED: Date Dai7 EXHIBIT "A" Any controversy between the owners of condominium units regarding the construction or application of the provisions of this Declaration shall be submitted to arbitration, upon the written request of one or more owner after the service of that request on the other owners. a. Remand for Arbitration. if any such controversy arises under this Declaration, any owner may demand arbitration by filing a written demand with the other owners within 30 days after occurrence of the dispute b. Appointment of Arbitrators. The owners may agree on one arbitrator. If they cannot agree on one arbitrator, there shall be three: one named in writing by the owner demanding arbitration and one named by the other owner within five days after demand for arbitration is given, and a third chosen by the two appointed. Should any owner refuse or neglect to join in the appointment of the arbitrator(s) or to fiunish the arbitrator(s) with any papers or information demanded, the arbitrator(s) may proceed ex parte. c. Hearing. A hearing on the matter to be arbitrated shall take place before the arbitrator(s) in Temple City, County of Los Angeles, State of California, at the time and place selected by the arbitrator(s). The arbitrator(s) shall select the time and place promptly and shall give each party written notice of the time and place at least fifteen days before the date selected. At the hearing, any relevant evidence may be presented by either party, and the formal rules of evidence applicable to judicial proceedings shall. not govern. Evidence may be admitted or excluded in the sole discretion of the arbitrator(s). The arbitrator(s) shall hear and determine the matter and shall execute and acknowledge the award in writing and cause a copy of the writing to be delivered to each of the parties. 25689ccr.doo- 07/25100 -305c 5 d. Award. If there is only one arbitrator, his or her decision shall be binding and concluaive vu the parries, and tr there are three arbitrators, the decision of . any two shall be binding and conclusive. The submission of a dispute to the arbitrator(s) and the rendering of a decision by the arbitrator(s) shall be a condition precedent to any right of legal action on the dispute. A judgment confirming the award may be given by any Superior Court having jurisdiction; or that Court may vacate, modify, or wrrect the award in accordance with the prevailing provisions of the California Arbitration Act. e. New Arbitrators. If three arbitrators are selected, but no two of the three are able to reach an agreement regarding the determination of the dispute, then the Inattec-shall be decided by three new arbitrators who shall be appointed- and -shall ,ree c •. . in the same manner, and the process shall be repeated until a decision is agreed on by two of the three arbitrators selected. f. Costs of Arbitration. The costs of arbitration shall be borne by the losing party or shall be borne in such proportions as the arbitrator(s) determine(s)." 25689ccs.doc- 07/25/00 -305c 6