HomeMy Public PortalAbout15) 7J Final Subdivision Map 5019 Heleo AvenueCity Council
July 7, 2015
Page 2 of 2
5. On June 2, 2015, Los Angeles County Public Works (who reviewed the final map)
advised the City that the final map was approved for mathematical accuracy, survey
analysis, title information, and for compliance with the Subdivision Map Act. As a
result, the map was ready for recordation subject to the conditions of approval.
ANALYSIS:
The tentative map was approved in 2012. The tentative map was for the subdivision of an
existing residential lot into two parcels, one of which would be a flag lot. The flag lot is the
rear parcel which contains a 20-foot driveway connecting the parcel to the street and for
the exclusive use of the parcel. The approval of the tentative map was based upon the
conclusion that the project would be consistent with the General Plan and Zoning Code.
The approved tentative map was granted an initial life of two years from the date of
approval which was set to expire on January 24, 2014. However, under the provisions of
AB 116, passed in July of 2013, any tentative map approved on or after January 1, 2000,
would be automatically extended for another 24 months. As a result, the approval for
Tentative Parcel Map No. 71427 (this project) was extended to January 24, 2016.
Now the final map for the subdivision is ready for recordation. The final map has been
reviewed by Los Angeles County Public Works. The applicant signed the Subdivision
Improvement Agreement and submitted the security deposit for street improvements.
Certifying the final map will allow the developer to finalize the creation of a flag lot so that
a single-story residence can be improved on the lot.
CONCLUSION:
Based upon the finding that the final map is in substantial compliance with the approved
tentative map, staff recommends that the City Council authorize the City Manager to
execute the Subdivision Improvement Agreement and approve the final map.
FISCAL IMPACT:
Approval of this item will not have an impact on the City's budget.
ATTACHMENTS:
A. Copy of the Subdivision Improvement Agreement
B. Copy of Parcel Map No. 71427
"Litigation Expenses" shall mean all costs and expenses, to the extent reasonable in amount,
actually and necessarily incuned by a party in good faith in the prosecution of an action or
proceeding, including, but not limited to, coutt costs, filing, recording, and service fees, copying
costs, exhibit production costs, special media rental costs, attorneys' fees, fees for investigators,
witness fees (both lay and expert), travel expenses, deposition and transcript costs and any other
cost or expense, the award of which a court of competent jurisdiction may determine to be just
and reasonable.
"Map Act" shall mean the Subdivision Map Act, Government Code Sections 66410 et seq.
"Property" shall mean the all of the real property contained within the boundaries of Parcel Map
No. 71427 located in the City of Temple City, California, as is more particularly described in the
legal description and Parcel diagram attached hereto and incorporated hereby by reference at
Attachment "A".
"Public Improvements" shall include, but not be limited to, all grading, roads, streets, paving,
curbs and gutters, sidewalks, paseos, pathways, trails, sanitary sewers, utilities, storm drains,
detention and retention basins and other drainage facilities, traffic controls, landscaping, street
lights and all other facilities required to be constructed and dedicated to the City or other public
entity as conditions of approval of Parcel Map No. 71427 and as shown in detail on the plans,
and specifications which have been approved by the City and incorporated into Parcel Map No.
71427. The Parties agree that the Public Improvements to be completed by Developer are more
specifically described in the diagram or plan attached hereto and incorporated herein by
reference as Attachment "B". Notwithstanding, Attachment "B", Developer shall remain
obligated to construct and complete all of the Public Improvements required as conditions of
approval for Parcel Map No. 71427.
"Required Insurance" shall mean the insurance required to be maintained by Developer under
Section I 7.
"Security" shall mean surety bonds in the amounts and under the terms of Section I 2 or other
security approved by City Engineer or City Attorney.
"Parcel Map No. 71427." shall mean the final map prepared and approved by the City for
Tentative Parcel Map No. 71427.
"Warranty" shall mean the one year period following completion of the Public Improvements by
Developer and the acceptance of the Public Improvements by the City in which Developer
warrants and guarantees all Public Improvements.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the parties and contained here and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
I. EFFECTIVENESS. This Agreement shall not be effective rmless and until all
four ( 4) of the following conditions are satisfied in the order provided:
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1.1 Security. Developer provides City with the Security of the type and in the
amounts required by this Agreement;
1.2 Final Map and Agreement Approval. The City Council of the City
("City Council") approves the final map for Parcel Map No. 71427 and this Agreement;
1.3 Record Agreement. Developer and City execute the Agreement and City .
records this Agreement in the Recorder's Office of the County of Los Angeles; and
1.4 Record Final Map. Developer records the final map for Parcel Map No.
71427 in the Recorder's Office of the Cmmty of Los Angeles.
If the above described conditions are not satisfied in the order, manner and within the time
provided under this Agreement, this Agreement shall automatically tenninate without need of
further action by either City or Developer.
2. PUBLIC IMPROVEMENTS. Developer shall construct or have constructed at
its own cost, expense, and liability the Public Improvements, as defined herein, within the time
and in the manner required under this Agreement. Construction of the Public Improvements
shall include any transitions and/or other incidental work deemed necessary for drainage or
public safety. The Developer shall be responsible for the replacement, relocation, or removal of
any component of any inigation water or sewer system in conflict with the construction or
installation of the Public Improvements. Such replacement, relocation, or removal shall be
performed to the complete satisfaction of the City Engineer and the owner of such water or sewer
system. Developer further promises and agrees to provide all equipment, tools, materials, labor,
tests, design work, and engineering services necessary or required by City to fully and
adequately complete the Public Improvements.
2.1 Prior Partial Construction of Public Improvements. Where
construction of any Public Improvements has been partially completed prior to this Agreement,
Developer agrees to complete such Public Improvements or assure their completion in
accordance with this Agreement.
2.2 Permits; Notices; Utility Statements. Prior to commencing any work,
Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and approvals
and give all necessary and incidental notices required for the lawful construction of the Public
Improvements and performance of Developer's obligations under this Agreement. Developer
shall conduct the work in full compliance with the regulations, rules, and other requirements
contained in any permit or approval issued to Developer. Prior to commencing any work,
Developer shall file a written statement with the City Clerk and the City Engineer, signed by
Developer and each utility which will provide utility service to the Property, attesting that
Developer has made all deposits legally required by the utility for the extension and provision of
utility service to the Property.
2.3 Pre-approval of Plans and Specifications. Developer is prohibited fi'om
commencing work on any Public Improvement until all plans and specifications for such Public
Improvement have been submitted to and approved by the City Engineer, or his or her designee.
Approval by the City Engineer shall not relieve Developer· from ensuring that all Public
Improvements conform with all other requirements and standards set forth in this Agreement.
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2.4 Quality of Work; Compliance With Laws and Codes. The construction
plans and specifications for the Public Improvements shall be prepared in accordance with all
applicable federal, state and local laws, ordinances, regulations, codes, standards, and other
requirements. The Public Improvements shall be completed in accordance with all approved
maps, plans, specifications, standard drawings, and special amendments thereto on file with City,
as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards,
and other requirements applicable at the time work is actually commenced.
2.5 Standard of Performance. Developer and its contractors, if any, shall
perform all work required to construct the Public Improvements under this Agreement in a
skillful and workmanlike manner, and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California. Developer
represents and maintains that it or its contractors shall be skilled in the professional calling
necessary to perform the work. Developer warrants that all of its employees and contractors
shall have sufficient skill and experience to perfom1 the work assigned to them, and that they
shall have all licenses, permits, qualifications and approvals of whatever nature that are legally
required to perform the work, and that such licenses, permits, qualifications and approvals shall
be maintained throughout the te1m of this Agreement.
2.6 Alterations to Improvements. All work shall be done and improvements
made and completed as shown on approved plans and specifications, and any subsequent
alterations thereto. If during the course of construction and installation of the Public
Improvements it is determined that the public interest requires alterations in the Public
Improvements, Developer shall undertake such design and construction changes as may be
reasonably required by City. Any and all alterations in the plans and specifications and the
Public Improvements to be completed may be accomplished without giving prior notice thereof
to Developer's surety for this Agreement.
2.7 Other Obligations Referenced in Conditions of Tentative Map
Annroval. In addition to the foregoing, Developer shall satisfy all of the conditions of approval
on the tentative map for the Property.
3. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.
City shall not be responsible or liable for the maintenance or care of the Public Improvements
until City formally approves and accepts them in accordance with its policies and procedures.
City shall exercise no control over the Public Improvements until approved and accepted. Any
use by any person of the Public Improvements, or any portion thereof, shall be at the sole and
exclusive risk of the Developer at all times prior to City's acceptance of the Public
Improvements. Developer shall maintain all the Public Improvements in a state of good repair
until they are completed by Developer and approved and accepted by City, and until the security
for the performance of this Agreement is released. Maintenance shall include, but shall not be
limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and
sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to
City; removal of debris fro1n sewers and stonn drains; and sweeping, repairing, and maintaining
in good and safe condition all streets and street improvements. It shall be Developer's
responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly
perform such maintenance work when notified to do so by City. If Developer fails to properly
prosecute its maintenance obligation under this section, City may do all work necessary for such
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maintenance and the cost thereof shall be the responsibility of Developer and its surety under
this Agreement. City shall not be responsible or liable for any damages or injury of any nature in
any way related to or caused by the Public Improvements or their condition prior to acceptance.
4. CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 4.1
of this Agreement, Developer shall fully and adequately complete or have completed the Public
Improvements within 3 years ( 3 & months) following approval of the final map
for Parcel Map No. 71427.
4.1 Extensions. City may, in its sole and absolute discretion, provide
Developer with additional time within which to complete the Public Improvements. It is
understood that by providing the Security required under Section 12.0 et ~·of this Agreement,
Developer and its surety consent in advance to any extension of time as may be given by City to
Developer, and waives any and all right to notice of such extension(s). Developer's acceptance
ol' ll.' e>.:•:>b'O;i v<· ti;ne granted by City shall constitute a waiver by Developer and its surety of
all defense of laches, estoppel, statutes of limitations, and other limitations of action in any
action or proceeding filed by City following the date on which the Public Improvements were to
have been completed hereunder. In addition, as consideration for granting such extension to
Developer, City reserves the right to review the provisions of this Agreement, including, but not
limited to, the construction standards, the cost estimates established by City, and the sufficiency
of the improvement security provided by Developer, and to require adjustments thereto when
warranted according to City's reasonable discretion.
4.2 Accrual of Limitations Period. Any limitations period provided by law
related to breach of this Agreement or the terms thereof shall not accrue until Developer has
provided the City Engineer with written notice of Developer's intent to abandon or otherwise not
complete required or agreed upon Public Improvements.
5. GRADING. Developer agrees that any and all grading done or to be done in
conjunction with construction of the Public Improvements or development of Parcel Map No.
71427 shall confmm to all federal, state, and local laws, ordinances, regulations, and other
requirements, including City's grading regulations. All grading, landscaping, and construction
activities shall be performed in a manner to control erosion and prevent flooding problems. The
City Engineer shall have the authority to require erosion plans to prescribe reasonable controls
on the method, mmmer, and time of grading, landscaping, and construction activities to prevent
nuisances to smmunding prope1iies. Plans shall include without limitation temporary drainage
and erosion control requirements, dust control procedures, restrictions on truck and other
construction traffic routes, noise abatement procedures, storage of materials and equipment,
removal of garbage, trash, and refuse, securing the job site to prevent injmy, and similar matters.
In order to prevent damage to the Public Improvements by improper drainage or other hazards,
the grading shall be completed in accordance with the time schedule for completion of the Public
Improvements established by this Agreement, and prior to City's approval and acceptance of the
Public Improvements and release of the Security as set forth in Section 12.0 et seg. of this
Agreement.
6. UTILITIES. Developer shall provide utility services, including water, sewer,
power, gas, and telephone service to serve each parcel, lot, or unit of land within Parcel Map No.
71427 in accordance with all applicable federal, state, and local laws, rules, and regulations,
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including, but not limited to, the regulations, schedules and fees of the utilities or agencies
providing such services. Except for commercial or industrial properties, Developer shall also
provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all
applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the
requirements of the cable company possessing a valid franchise with City to provide such service
within City's jurisdictional limits. All utilities shall be installed underground.
7. FEES AND CHARGES. Developer shall, at its sole cost, expense, and liability,
pay all fees, charges, and taxes arising out of construction of the Public Improvements,
including, but not limited to, all plan check, design review, engineering, inspection, and other
service fees, and any impact or connection fees established by City ordinance, resolution,
regulation, or policy, or as established by City relative to Map No. 71427, or as required by other
governmental agencies having jurisdiction over Parcel Map No. 71427.
8. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Developer shall, at its
sole cost, expense, and liability, and at all times during construction of the Public Improvements,
maintain reasonable and safe facilities and provide safe access for inspection by City of the
Public Improvements and areas where construction of the Public Improvements is occurring or
will occur. If the City inspector requests it, the Developer at any time before acceptance of the
Public Improvements shall remove or uncover such po!iions of the finished work as may be
directed which have not previously been inspected. After examination, the Developer shall
restore said portions of the work to the standards required hereunder. Inspection or supervision
by the City shall not be considered as direct control of the individual workmen on the job site.
City's inspector shall have the authority to stop any and all work not in accordance with the
requirements contained or referenced in this Agreement. The inspection of the work by City
shall not relieve Developer or the contractor of any obligations to fulfill this Agreement as herein
provided, and unsuitable materials or work may be rejected notwithstanding that such materials
or work may have been previously overlooked or accepted.
9. ADMINISTRATIVE COSTS. If Developer fails to construct and install all or
any part of the Public Improvements within the time required by this Agreement, or if Developer
fails to comply with any other obligation contained herein, Developer and its surety shall be
jointly and severally liable to City for all administrative expenses, fees, and costs, including
reasonable attorney's fees and costs, incurred in obtaining compliance with this Agreement or in
processing any legal action or for any other remedies permitted by law.
10. ACCEPTANCE OF IMPROVEMENTS; AS-BUILT OR RECORD
DRAWINGS. The City Council may, in its sole and absolute discretion, accept fully completed
portions of the Public Improvements prior to such time as all of the Public Improvements are
complete, which shall not release or modify Developer's obligation to complete the remainder of
the Public Improvements within the time required by this Agreement.
10.1 Developer's Notice of Completion. Upon the total or partial acceptance
of the Public Improvements by City, Developer shall file with the Recorder's Office of the
;-:'ou.,.tv 1 f T r,s A~wek:o. 8 notice of completion for the accepted Public Improvements in
accordance with California Civil Code section 3093, at which time the accepted Public
Improvements shall become the sole and exclusive property of City without payment therefore.
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I 0.2 City Acceptance of Public Improvements. If Tract Map No. 71427 was
approved and recorded as a single phase map, City shall not accept any one or more of the
improvements until all of the Public Improvements are completed by Developer and approved by .
City. Issuance by City of occupancy permits for any buildings or structures located on the
Property shall not be construed in any manner to constitute City's acceptance or approval of any
Public Improvements.
I 0.3 Developer's Obligation to Provide As-Built or Record Drawings.
Notwithstanding the foregoing, City may not accept any Public Improvements unless and until
Developer provides one (I) set of"as-built" or record drawings or plans to the City Engineer for
all such Public Improvements. The drawings shall be ce1tified and shall reflect the condition of
the Public Improvements as constructed, with all changes incorporated therein.
11. WARRANTY AND GUARANTEE. Developer hereby wan·ants and guarantees
all Public Improvements against any defective work or labor done, or defective materials
furnished in the performance of this Agreement, including the maintenance of all landscaping
within the Prope1ty in a vigorous and thriving condition reasonably acceptable to City, for a
period of one (1) year following completion of the work and acceptance by City. During the
Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise
unsatisfactory portion of the Public Improvements, in accordance with the current ordinances,
resolutions, regulations, codes, standards, or other requirements of City, and to the approval of
the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at
the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements
which have been repaired, replaced, or reconstructed during the Warranty, Developer and its
surety hereby agree to extend the Wan·anty for an additional one(!) year period following City's
acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein
shall relieve Developer from any other liability it may have under federal, state, or local law to
repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or
any extension thereof. Developer's warranty obligation under this section shall survive the
expiration or termination of this Agreement.
12. SECURITY; SURETY BONDS. Prior to City's approval and execution of this
Agreement, Developer shall provide City with Security Deposit and/or Surety Bonds in the
amounts and under the terms set forth below. The amount of the Security shall be based on the
City Engineer's Estimated Costs. If City determines at any time prior to Developer's completion
of the Public Improvements under, in its sole and absolute discretion, that the Estimated Costs
have changed, Developer shall adjust the Security in the amount requested by City. Developer's
compliance with this provision (Section I 2.0 et seq.) shall in no way limit or modifY Developer's
indemnification obligation provided in Section 16.0 of this Agreement.
I 2.1 Performance Security/Bond. To guarantee the faithful performance of
the Public Improvements and all the provisions of this Agreement, to protect City if Developer is
in default as set forth in Section I8.0 et seq. of this Agreement, and to secure Developer's one-
year guarantee and warranty of the Public Improvements, including the maintenance of all
landscaping in a vigorous and tlu-iving condition, Developer shall provide City a faithful
performance security in the amount of forty-five thousands, eight-hundred ($45,800), which sum
shall be not less than one hundred percent (100%) of the Estimated Costs.
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I 2.2 Partial Release. The City Council may, in its sole and absolute discretion
and upon recommendation of the City Engineer, partially release a portion or portions of the
Security provided under this section as the Public Improvements are accepted by City, provided
that Developer is not in default on any provision of this Agreement or condition of approval for
Map No. 71427, and the total remaining Security is not less than twenty-five percent (25%) of
the Estimated Costs. All Security provided under this section shall be released at the end of the
Warranty period, or any extension thereof as provided in Section I I .0 of this Agreement,
provided that Developer is not in default on any provision of this Agreement or condition of
approval for Tract Map No. 71427.
I 2.3 Labor & Material Security . To secure payment to the contractors,
subcontractors, laborers, material men, and other persons furnishing labor, materials, or
equipment for performance of the Public Improvements and this Agreement, Developer shall
provide City a labor and materials Security in the amount of forty-five thousands, eight-hundred
($45,800), which sum shall not be less than one hundred percent (I 00%) of the Estimated Costs.
The Security provided under this section may be released by written authorization of the City
Engineer after six (6) months from the date City accepts the final Public Improvements. The
amount of such Security shall be reduced by the total of all stop notice or mechanic's lien claims
of which City is aware, plus an amount equal to twenty percent (20%) of such claims for
reimbursement of City's anticipated administrative and legal expenses arising out of such claims.
12.4 Additional Requirements. The smety for any surety bonds provided as
Security shall have a current A.M. Best's rating of no less than A: VIII, be a bank or insurance
company licensed to transact surety business in California, and shall be satisfactory to City. As
part of the obligation secured by the Security and in addition to the face amount of the Security,
the Developer or its surety shall secure the costs and reasonable expenses and fees, including
reasonable attorney's fees and costs, incurred by City in enforcing the obligations of this
Agreement. The Developer and its surety stipulate and agree that no change, extension of time,
alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and
specifications for the Public Improvements shall in any way affect its obligation on the Security.
12.5 Form of Security. The evidence of the Security shall be provided on the
forms set fmih in Attachment "C", unless other forms are deemed acceptable by the City
Engineer and the City Attorney, and when such forms are completed to the satisfaction of City,
the forms and evidence of the Security shall be attached hereto as Attachment "C" and
incorporated herein by this reference.
12.6 Developer's Liability. While no action of Developer shall be required in
order for City to realize on its security under any Security instrument, Developer agrees to
cooperate with City to facilitate City's realization under any Security instrument, and to take no
action to prevent City from such realization under any Security instrument. Notwithstanding the
giving of any Security instrument or the subsequent expiration of any Security instrument or any
failure by any surety or financial institution to perform its obligations with respect thereto,
Developer shall be personally liable for performance under this Agreement and for payment of
the cost of the labor and materials for the improvements required to be constructed or installed
hereby and shall, within ten (I 0) days after written demand therefore, deliver to City such
substitute Security as City shall require satisfying the requirements in this Section 12.
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13. MONUMENT SECURITY. Prior to City's execution of this Agreement, to
guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot
comers, and street centerline monuments for Tract Map No. 71427 in compliance with the
applicable provisions of City's Municipal and/or Development Code ("Subdivision
Monuments"), Developer shall deposit cash with City in the amount of Dollars
($ , which sum shall not be less than one hundred percent ( 100%) of the costs of
setting the Subdivision Monnments as determined by the City Engineer. Said cash deposit may
be released by written authorization of the City Engineer after all required Subdivision
Monuments are accepted by the City Engineer, City has received written acknowledgment of
payment in full from the engineer or surveyor who set the Subdivision Monnments, and provided
Developer is not in default of any provision of this Agreement or condition of approval for Map
No. 7/-¥Z7 .
14. LIEN. To secure the timely performance of Developer's obligations under this
Agreement, including those obligations for which security has been provided pursuant to
Sections 12.0 et ~· and 13.0 of this Agreement, Developer hereby creates in favor of City a lien
ap/linst all portions of the Property not dedicated to City or some other governmental agency for
a public purpose. As to Developer's default on those obligations for which security has been
provided pursuant to Sections 12.0 et seq. and 13.0 of this Agreement, City shall first attempt to
collect against such security prior to exercising its rights as a contract lienholder under this
section.
15. SIGNS AND ADVERTISING. Developer understands and agrees to City's
ordinances, regulations, and requirements goveming signs and advertising structures. Developer
hereby agrees with and consents to the summary removal by City, without notice to Developer,
of all signs or other advertising structures erected, placed, or situated in violation of any City
ordinanc.e, regulation, or other requirement. Removal shall be at the expense of Developer and
its surety. Developer and its surety shall indemnify and hold City free and harmless from any
claim or demand arising out of or incident to signs, advertising structures, or their removal.
16. INDEMNIFICATION. Developer shall defend, indemnify, and hold harmless
City, its elected officials, officers, employees, and agents from any and all actual or alleged
claims, demands, causes of action, liability, loss, damage, or injury, to property or persons,
including wrongful death, whether imposed by a court of law or by administrative action of any
federal, state, or local governmental body or agency, arising out of or incident to any acts,
omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or
contractors in connection with or arising out of constmction or maintenance of the Public
Improvements, or performance of this Agreement. This indemnification includes, without
limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and
related costs or expenses, and the reimbursement of City, its elected officials, officers,
employees, and/or agents for all legal expenses and costs incuned by each of them. This
indemnification excludes only such portion of any claim, demand, cause of action, liability, loss,
damage, penalty, fine, or injury, to property or persons, including wrongful death, which is
caused solely and exclusively by the gross negligence or willful misconduct of City as
determined by a court or administrative body of competent jurisdiction. Developer's obligation
to indemnify City shall survive the expiration or termination of this Agreement, and shall not be
restricted to insurance proceeds, if any, received by City, its elected officials, officers,
employees, or agents.
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17. INSURANCE.
17.1 Tvnes; Amounts. Developer shall procure and maintain, and shall require
its contractors to procure and maintain, during construction of any Public Improvement pursuant
to this Agreement, insurance of the types and in the amounts described below. If any of the
Required Insurance contains a general aggregate limit; such insurance shall apply separately to
this Agreement or be no less than two times the specified occurrence limit.
17.1 .I General Liability. Developer and its contractors shall procure and
maintain occurrence version general liability insmance, or equivalent form, with a combined
single limit of not less than $3,000,000 per occurrence for bodily injury, personal injury, and
property damage.
17 .I .2 Business Automobile Liability. Developer and its contractors
shall procure and maintain business automobile liability insurance, or equivalent form, with a
combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle
owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
17.1 .3 Workers' Compensation. Developer and its contractors shall
procure and maintain workers' compensation insurance with limits as required by the Labor
Code of the State of California and employers' liability insurance with limits of not less than
$1,000,000 per occurrence, at all times during which insured retains employees.
17.1.4 Professional Liability. For any consultant or other professional
who will engineer or design the Public Improvements, liability insurance for errors and
omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained
for a period of five (5) years following completion of the Public Improvements. Snch insurance
shall be endorsed to include contractual liability.
17.2 Deductibles. Any deductibles or self-insured retentions must be declared
to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects City, its elected offtcials, officers,
employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial
guarantee satisfactory to City guaranteeing payment of losses and related investigation costs,
claims, and administrative and defense expenses.
17.3 Additional Insured; Separation of Insureds. The Required Insurance
shall name City, its elected officials, officers, employees, agents, and volunteers as additional
insureds with respect to work performed by or on behalf of Developer or its contractors,
including materials, parts, or equipment furnished in connection therewith. The Required
Insurance shall contain standard separation of insured provisions, and shall contain no special
limitations on the scope of its protection to City, its elected officials, officers, employees, agents,
and volunteers.
17.4 Primary Insurance; Waiver of Subt·ogation. The Required Insurance
shall be primary with respect to any insurance or self-insurance programs covering City, its
ckc'<'d nfi'cic<'>, o'Fc~rs, c:mployees, agents, and volunteers. All policies for the Required
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Insurance shall provide that the insurance company waives all right of recovery by way of
subrogation against City in connection with any damage or harm covered by such policy.
17.5 Certificates; Verification. Developer and its contractors shall furnish
City with original ce1tificates of insurance and endorsements effecting coverage for the Required
Insurance. The certificates and endorsements for each insurance policy shall be signed by a
person authorized by that insurer to bind coverage on its behalf. All ce1iificates and
endorsements must be received and approved by City before work pursuant to this Agreement
can begin. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
17.6 Term; Cancellation Notice. Developer and its contractors shall maintain
the Required Insurance for the term of this Agreement and shall replace any ceiiificate, policy, or
endorsement which will expire prior to that date. All policies shall be endorsed to provide that
the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire
except on 30 days' prior written notice to City.
17.7 Insurer Rating. Unless approved in writing by City, all Required
Insurance shall placed with insurers licensed to do business in the State of California and with a
current A.M. Best rating of at least A: VIII.
18. DEFAULT; NOTICE; REMEDIES.
18.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely
complete any obligation, term, or condition of this Agreement, or if City determines there is a
violation of any federal, state, or local law, ordinance, regulation, code, standard, or other
requirement, City may at any time thereafter declare Developer to be in default or violation of
this Agreement and make written demand upon Developer or its surety, or both, to immediately
remedy the default or violation. Developer shall commence the work required to remedy the
default or violation within ten (1 0) days of the written demand from the City. If the default or
violation constitutes an immediate threat to the public health, safety, or welfare, City may
provide the demand verba]] y, and Developer shall commence the required work within twenty-
four (24) homs thereof. Immediately upon City's issuance of the demand to remedy the default,
Developer and its surety shall be liable to City for all costs of construction and installation of the
Public Improvements and all other administrative costs expenses as provided for in Section 9.0
of this Agreement.
18.2 Failure to Remedy; City Action. If the work required to remedy the
noticed default or violation is not diligently prosecuted to a substantial completion acceptable to
City within a reasonable time designated by the City, City may complete all remaining work,
arrange for the completion of all remaining work, and/or conduct such remedial activity as in its
sole and absolute discretion it believes is required to remedy the default or violation. All such
work or remedial activity shall be at the sole and absolute cost, expense, and liability of
Developer and its surety, without the necessity of giving any further notice to Developer or
surety. City's right to take such actions shall in no way be limited by the fact that Developer or
its surety may have constructed any, or none of the required or agreed upon Public
Improvements at the time of City's demand for performance. In the event City elects to
complete or arrange for completion of the remaining work and improvements, City may require
-11 -'.
Depending upon the method of transmittal, notice shall be deemed received as follows: by
facsimile, as of the date and time sent provided the original is contemporaneously deposited with
United States Postal Service and delivered by regular mail; by messenger, as of the date
delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S.
Mail.
19.5 Amendment: Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by both
Parties.
19.6 Waiver. City's failure to insist upon strict compliance with any provision
of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any
breach of this Agreement, shall not relieve Developer of any of its obligations under this
Agreement, whether of the same or similar type. The foregoing shall be true whether City's
actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or
set off, any and all defects, inegularities or deficiencies in the authorization, execution or
performance of the Public Improvements or this Agreement, as well as the laws, rules,
regulations, ordinances or resolutions of City with regards to the authorization, execution or
performance of the Public Improvements or this Agreement.
19.7 Assignment or Transfer of Agreement. Developer shall not assign,
hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest
herein without prior written consent of City. Any attempt to do so shall be null and void, and
any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in
City's written consent, any assignment, hypothecation, or transfer shall not release or discharge
Developer from any duty or responsibility under this Agreement.
19.8 Binding Effect. Each and all of the covenants and conditions shall be
binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal
representatives, or assigns. This section shall not be construed as an authorization for any Pmty
to assign any right or obligation.
19.9 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
19.10 Invalidity; Severability. If m1y portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a comi of competent jurisdiction, the remaining
provisions shall continue in fitll force and effect.
19.1 I Consent to Jurisdiction and Venue. This Agreement shall be construed
in accordance with and governed by the laws of the State of California. Any legal action or
proeeeding brought to interpret or enforce this Agreement, or which in any way arises out of the
Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the
appropriate California State Court in the CoU!1ty of Los Angeles, California. Each Party waives
the benefit of any provision of state or federal law providing for a change of venue to any other
court or jurisdiction including, without limitation, a change of venue based on the fact that a
governmental entity is a party to the action or proceeding, or that a federal right or question is
-13 -
'.
involved or alleged to be involved in the action or proceeding. Without limiting the generality of
the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to
California Code of Civil Procedure Section 394.
19.!2 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal
action or proceeding is brought by one Party against the other Party in connection with this
Agreement or the Property, the prevailing party, whether by final judgment or arbitration award,
shall be entitled. to and recover from the other patiy all Litigation Expenses. Any judgment,
order, or award entered in such legal action or proceeding shall contain a specific provision
providing for the recovery of Litigation Expenses.
19.!3 Relationship Between The Parties. The Pm·ties hereby mutually agree
that neither this Agreement, any map related to Parcel No. 71'qz7 , nor any other related
entitlement, permit, or approval issued by City for the Prope1iy shall operate to create the
relationship of partnership, joint venture, or agency between City and Developer. Developer's
contractors and subcontractors are exclusively and solely under the control and dominion of
Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or
contractor of City.
19.14 Counterparts. This Agreement may be executed in counte1part originals,
which taken together, shall constitute one and the same instrument.
19.!5 Effective Date of Agreement. This Agreement shall not become
effective until the date it has been formally approved by the City and executed by the appropriate
authorities of City and Developer.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
ATTEST:
Peggy Kuo
City Clerk
By:
-14-
CITY OF TEMPLE CITY
~--~~~~~--------Bryan Cook, City Manager
•.
-
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of {/v!t~
Countyof L~ /h~
On ~-~ )/{) ~ 7-o(_s'-before me, _{/ {/L ~df !CJ-.-U-rG '
A Notary Public personally appeared '7&-tJt) f/u; N;rA){i
' ..
.
: ~roved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
· i e subscribed to the within instrument and acknowledged to me ~/sh'elthey-executed
e same in &h.e+Aileir authorized capacity(ies), and that b~/h r signature(s) on the
instrument the person(s), or the entity upon behalf of which t person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. 'Q SIU YIJIG LOUiE . f . • COmmiiBiDft lll 2048260 ..
~ , ·• Notary Public • California !!! j . · . Los Angeles County !:
/;;;?~iiZ. , , , , , ,MlSoTrr·zxgir:sp:c}o}~1~l
Signature
/ ~
(Seal)
Type of Document:
Number of Pages:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On , __ before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL NUMBER OF PAGES
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "B"
LIST OF PUBLIC IMPROVEMENTS
PARCEL NO. 71427
(see the attached)
SUBDIVISION IMPROVEMENT AGREEMENT
....
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS
LAND DEVELOPMENT DIVISION
ROADS
COST ESTIMATE FOR BOND PURPOSES
ROADIMPROVEMENTSFORPARCELN0. __________ ~7~14~2~7 __________________ __
LOCATION ________ ~5~0u1~9~H=EL~E~O~A~V~E~N~U=E~.T~E~M~P~LE~C~IT~Y~.C~A~9~1~78~0L-____________ ~
PREPARED BY __ __,J=C,_L __ DATE 05/05/2014 CHECKED BY _______ .DATE ________ __
1 >~5Qk Unit Price ~~501<
A.C. :2" 'Grade 0.72 /S.F. 1.05 •
A.C. :3" >Grade 1.07 /S.F. 1.34 •
A.C. :4"1 3rade 55.00 -uz /S.F. 1.65 90.72
A.(;. :e''l 3rade 1.84 /S.F. 2.24 '
RBAC· I C 2.75 /S.F. 3.57 ·
A.C~~----------------~--~5~51 .. ~00~~~~~~9~/S.F~·~----~3~--0-~6~~1~68.·3~1
A.C. (cOldmlll) 0.77 /S.F. 1.32 ·
IP.C.
: (4" Thick)
A ~y (6")
8")
Local c n (3")
(4")
(6" -com1
Curp Ramr (with-
(9')
Grouted R pRap '
'Rip Rap~-19")
Gunlte (3"
jGurb and Gutter
f".Q&~ I r (7-1/2"_<::1')
P. :.c. Curb an1 'Gutter TYPe A2-6)
P.G.C. Curb an1 'Gutter Type A2-8:
P.C.C. curb and 2' Gutter :TypeB1-6:
•.c. . curb and 2' Gutter Type
P .C.C. Curb Type C
A.C. Curb Type D
P.C:.(;, Alley Gutter
~Street Nam~ ~~~;;:,:
I i
~&
!]'Jon
I Agg, Base .under AC & PCC
< Agg, Base 'under: I , c&g,
c I Agg. Base ·
6 Mil neFi lm ' (30" deep)
Trench Backfill Slurry •
Fees Effective 07/01/2011
340.00 3.83 /S.F.
4-_Q!;_/S.F.
5.17 /S.F.
3.99 /S.F.
3.30 /S.F.
280.0C 4.05 /S.F.
1 ,644.36 Each
5.59 /S.F.
8.78 /S.F.
9.90 /S.F.
3.83 /S.F.
657.75 /C.Y.
1 b.' ILF.
/L.F.
31.00 >.' /L.F.
13.31 F.
14.37
13.31 F.
13.31 /L.F.
13.31 /L.F.
548.12 Each
82.49 /C.Y.
82.49 /C.Y
81.00 2.23 /L.F.
8.0C 321.87 /C.Y.
54 .12 /C.Y
5 :.81 /C.Y.
12.90 54.81 /C.Y.
10.30 46.30 /C .Y
11.17 /L.F.
1.40 164.97 /C.Y
4.32
_4.63
5.85
4.63
4.21
4.6:
2,080.7:
1.28
1 .79
1 1:97
1.42
745.02
16.49
18.09
16.49
16.49
16.49
548.12
82.49
82.49
2.77
328.87
548.12
65.99
65.99
.55.34
13.31
223.51
1,467.21
.
.
.
':.
. .
.
':. .
.
.
593.95 .
.
.
.
.
.
224.35
2.630.94
.
.
851~
570.02
.
_312.gi_
Page 1 of 4
ROADIMPR0VEMENTSFORPARCELN0. ____________ 7~1~4~27~-------------------
lnst~JI·Detall 9 (2-Coat Paint) $ 2.00 LF $ 2.00 $ -
Install Detail 15 (2-Coat Paint) $ 2.50 LF $ 2.50 $ .
Install Detail 16 (2-Coai Paint) $. 2.50 LF $ 2.50 $ .
Install Detail 21 (2-Coat Paint) $ 3.00 LF $ 3.00 $ -
liJstall Detail 22 (2-Coat Paint $ 3.00 LF $ 3.00 $ -
Install Detail 24 2-Coat Paint $. 2.50 LF $ 2.50 $ -
Install Defall25 (2-Coa\ Paint $ 2.50 LF $ 2.50 $ -
Install Detail 278 (2-Coat Paint) $ 2.50 LF $ 2.50 $ .
Install Detail 28 (2-Coat Paint) $ 3.50 LF $ 3.50 $ -
Install Detail 29 2-Coat Paint $ 3.50 LF $ 3.50 $ -
Install Detail 31 2-Coat Paint $ 3.00 LF $ 3.00 $ -
Install Detail 32 2-Coat Paint $ 3.00 LF $ 3.00 $ -
Install Detail 378 (2-Coat Paint) $ 2.00 LF $ 2.00 $ .
Install Detail 38 (2-Coat Paint) $ 3.00 LF $ 3.00 $ .
Install Detaii38A (2-Coat Paint)_ $ 3.00 u= $ 3.00 $ -
Install Detail 40 (2-Coat Paint) $ 2.00 LF $ 2.00 $ .
Install Detail 41 2-Coat Paint) $ 2.QO LF $ 2.00 $ -
lns!all12 Inch Limit Line (_2-Coat Paint)_ $ 3.00 LF $ 3.00 $ .
Install pavement Marking {2-Coat Paint) {$3.00/SF)
''STOP' -22 SF Enter "Each" Quantity········-> $ 3.00 Each $ 3.00 $ -
"SI(3NAL'-32 SF E:nter "Each" Quantitv········> $ 3.00 Each $ .3.00 $ -
''SCHOOL"~ 35 SF Enter "Each" Quantity·······> $ 3.00 Each $ 3.00 $ -
"AHEAD"~ 31 SF Enter "Each" Quantity·········> $ 3.00 Each $ 3.00 $ -
"YIELD"" 24 SF Enter "!:ach" Quantity···········> $ .3.00 Each $ 3.00 $ -
"Type IV Arrow" ~ 15 SF Enter "Each" Quantity-> $ 3.00 Each $ 3.00 $ -
Install Curb Marking {2-Coat Paint) $ 3.50 LF $ 3.50 $ -
Remove Oetail1 (2-Coat Paint) $ 2.00 LF $ 2.00 $. -
Remove Detail 2 2-Coat Paint) $ 2.00 LF $ 2.00 $ .
Remove Detail 8 2-Coat Paint) $ 2.00 LF $ 2.00 $ -
Remove Detail 9 · 2-Coat Paint) $ 2.00 LF $ 2.00 $ -
Remove Oetail15 2-Coat Paint) $ 2.25 Ll' $ 2.25 $ "
Remove Detall16 2-Coat Paint) $ 2.25 ILF $ 2.25 $ "
Remove Detail 21 2-Coat Paint) $ 2.50 LF $ 2.50 $ -
Remove Detail 22 2-Coat Paint $ 2.50 LF $ 2.50 $ .
Remove Detail 24 2-Coat Paint $ 2.25 LF $ 2.25 $ -
Remove Detail 25 (2-Coat Paint $ 2;25 LF $ 2.25 $ -
Remove Detaii27B (2-Coat Paint) $ 2.00 LF $ 2.00 $ -
Remove Detail 28 {2-Coat Paint $ 4.50 LF $ 4,50 $ -
Remove Detail 29 (2-Coat Paint $ 4.50 LF $ 4.50 $ -
Remove Detail 31 (2-Coat Paint $ 4.50 LF $ 4.50 $ -
Remove Detail 32 (2-Ccat Paint $ 4.50 LF $ 4.50 $ .
Remove Detail 378 (2-Coat Paint) $ 3.00 LF $ 3.00 $ -
Remove Detail :38 {2-Coat Paint) $ 4.00 LF $ 4.00 $ -
Remove Detail 38A (2-Coat Paint) $ 4.00 LF $ 4.00 I$ -
Remove Oetall 40 _(2·Coat Paint) $ 2.00 LF $ 2.00 $ -
Remove Detail41 (2-Coat Paint) $ 2.00 LF $ 2.00 $ -
Remove 12 Inch Limit Line (2-Coat Paint) $ 4.00 LF $ 4.00 $ -
Remove Pavement Marking (2-Coat Paint) ($4.00/SF)_
"STOP"-22 SF Enter "Each" Quantity-··-----·> $ 4.00 Each $ 4.00 $ -
"SIGNAL"~ 32 SF Enter "Each'' Quantity········> $ 4.00 Each $ 4.00 $ -
"SCHOOL"~ 35 SF Enter "Each" QuantitY·······> . $ 4.00. Eaoh $ 4.00 $ -
"AHEAD"-31 SF Enter "Each" Quantity·········> $ 4.00 Each $ 4.00 $ .
"YIELD"" 24 SF Enter "Each" Quantity····-·····-> $ 4.00 Each $ 4.00 $ .
"Type IV Arrow"~ 15 SF Enter "Each" Quantity·> $ 4.00 Each $ 4.00 $ .
Remove Curb Marking {2-Coat Paint) $ 3.00 L.F $ 3.00 $ -
SIGNING AND STRIPING SUBTOTAL (D) $ -
GRANO SUBTOTAL {A+B+C+D)=E) $ 29,208.15
GRAND SUBTOTAL (E) COST< $50,000 (Yes or No) Yes
Fees Effective 07/01/2011 Page 3 of4
EXHIBIT "C"
SURETY BONDS AND OTHER SECUIUTY
PARCEL NO. 71427
As evidence of understanding the provisions contained in this Agreement, and of the Developer's
intent to comply with same, the Developer has submitted the below described security in the
amounts required by this Agreement, and has affixed the appropriate signatures thereto:
PERFORMANCE BOND PIUNCIPAL AMOUNT: $ _4'-'-5"',8_c_OO"--------
Security Deposit for bond purpose: _$~4=5,cc8-=:070-:-::-----=---:c-c:-:-:::-::c:-::--
Cash Deposit Receipt No. 807015030 Date:2/26/2015
MATEIUAL AND LABOR BOND PIUNCIPAL AMOUNT: $ _4'-'-5"-',8'-'-0-'-0 __ _
Security Deposit for bond pmpose: $45,800
Cash Deposit Receipt No. -6~5~85~8~0-13-6=2~&----D~m-e:~2/~2~a~o-,5~&~-
807015030 2/26/2015
Note: a balance of $ 2,800 is paid by Check No.
807015030
CASH MONUMENT SECUIUTY:
Amount deposited per Cash Receipt No.
$ 0
NIA Date: N/A _:_::_::._::_ ____ _
I SUBDIVISION IMPROVEMENT AGREEMENT
Resolution 11-2340 PC
Conditional Use Permit 11-1783
Tentative Parcel Map No. 71427
proposed density of development; and
Page2
3. That the division and development of the property in the manner set forth on the
map of Parcel Map 71427 shall not unreasonably interfere with the free and
complete exercise of the public entity and/or public utility rights of way and/or
easements within the Parcel Map; 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 is Categorically Exempt from the provisions of CEQA
pursuant to Section 15315.
SECTION 3. Aceordingly, Tentative Parcel Map 71427 and Conditional Use
Permit 11-1783 are approved, subject to the following conditions:
PLANNING
1. This approval is for a land division as shown on the Tentative Parcel Map plans date
stamped October 25, 2011 by the City of Temple City Community Development
Department. Future development plans shall be governed by the conditions
contained hereinafter as well as all other applicable zoning and building regulations
at the time of submittal.
2. The private driveway for parcel 2 (the Flag Lot) shall consist of no more than 16 feet
hardscape with a total of four (4) feet landscaping strips on either side of the paved
driveway. In addition, permeable pavement such as interlocking pavers shall be
provided in the driveway to minimize the impermeable land cover.
3. All future building development shall comply with the standards applicable to single-
family residential construction as defined in Section 9325 of the T em pie City Zoning
Code. In particular, Parcel 2 (the Flag Lot) shall be limited to a single-story residential
Development.
4. A block wall or a decorative vinyl fence six (6) feet in height shall be provided
around the perimeter of the site, except within the front 20 feet back from the
street property line prior to final map approval; in the front 20 feet back from the
street property line, the maximum fence height shall be 36 inches. Any existing
block wall may be retained in lieu of providing a new block wall or fence, subject
to review by the Community Development Department. A building permit shall be
obtained for the construction of any new block wall or decorative vinyl fencing;
••
•
said new perimeter fencing shall be appropriately "engineered" for durability. •
Any proposed block wall shall be decorative (consisting of stucco over block, split
face block, or slump stone block). Any block walls or fencing located on or
...
"
"
"
R e s o l u t i o n 1 1 - 2 3 4 0 P C
C o n d i t i o n a l U s e P e r m i t 1 1 - 1 7 8 3
T e n t a t i v e P a r c e l M a p N o . 7 1 4 2 7
P a g e 3
a d j a c e n t t o p r o p e r t y l i n e s s h a l l b e d e s i g n e d i n s u c h a w a y t h a t d o e s n o t
� h i n d e r n a t u r a l s h e e t f l o w o r c r o s s - l o t d r a i n a g e .
5 . P r i o r t o t h e i n s t a l l a t i o n o f t h e b l o c k w a l l o r d e c o r a t i v e v i n y l f e n c i n g , t h e f i n a l
g r a d i n g a n d d r a i n a g e p l a n s h a l l b e s u b m i t t e d a n d a p p r o v e d b y t h e C o u n t y o f L o s
A n g e l e s D e p a r t m e n t o f P u b l i c W o r k s . T h e b l o c k w a l l s h a l l n o t b e u t i l i z e d a s a
r e t a i n i n g w a l l t o r e t a i n m o r e t h a n 1 2 i n c h e s o f d i r t o n t h e s u b j e c t p r o p e r t y o r t h e
a b u t t i n g p r o p e r t i e s a n d s h a l l n o t b l o c k c o n t r i b u t o r y d r a i n a g e f r o m a d j a c e n t
p r o p e r t i e s .
6 . T h e a p p l i c a n t / p r o p e r t y o w n e r s h a l l m a i n t a i n t h e s u b j e c t p r o p e r t y f r e e o f
w e e d s , d e b r i s , t r a s h , c o n s t r u c t i o n m a t e r i a l ( s ) , c o n s t r u c t i o n e q u i p m e n t , o r
a n y o t h e r o f f e n s i v e , u n h e a l t h f u l a n d d a n g e r o u s m a t e r i a l u n t i l t h e p r o j e c t i s
c o m p l e t e d . I f a f t e r f i v e ( 5 ) d a y s n o t i c e b y c e r t i f i e d m a i l , t h e a p p l i c a n t / p r o p e r t y
o w n e r d o e s n o t c o m p l y w i t h t h e b e f o r e - m e n t i o n e d c r i t e r i o n , t h e C i t y C o u n c i l m a y
e i t h e r c a n c e l t h e T e n t a t i v e P a r c e l M a p , B u i l d i n g P e r m i t s , e t c . a n d / o r e n t e r t h e
s u b j e c t p r o p e r t y w i t h C i t y f o r c e s a n d r e m o v e a l l s u b j e c t v i o l a t i o n s , b i l l t h e a p p l i c a n t
a n d / o r p u t a l i e n o n t h e s u b j e c t p r o p e r t y .
7 . N o i s e s h a l l n o t e x c e e d t h e l i m i t s o f t h e C i t y ' s n o i s e o r d i n a n c e . D u r i n g a n y
8 . D e m o l i t i o n a n d / o r c o n s t r u c t i o n , n o i s e w i l l b e c o n t r o l l e d b y l i m i t i n g w o r k o n t h e s i t e
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t r u c k s a n d m o t o r i z e d e q u i p m e n t t o h a v e p r o p e r o p e r a t i n g m u f f l e r s . N o
c o n s t r u c t i o n w o r k s h a l l o c c u r o n S u n d a y .
9 . T h e P a r k D e v e l o p m e n t f e e s h a l l b e p a i d t o t h e C i t y o f T e m p l e C i t y p r i o r t o t h e
i s s u a n c e o f b u i l d i n g p e r m i t s f o r a n y n e w c o n s t r u c t i o n .
1 0 . B a s e d u p o n a n a s s u m e d t r a f f i c g e n e r a t i o n f a c t o r o f 1 0 t r i p s p e r d a y p e r d w e l l i n g
u n i t , t h e p r o p o s e d d e v e l o p m e n t w i l l r e q u i r e 6 . 8 c r e d i t s p e r a d d i t i o n a l d w e l l i n g u n i t
b e i n g a d d e d . T h i s p r o j e c t w i l l r e s u l t i n o n e ( 1 ) a d d i t i o n a l d w e l l i n g u n i t . . B a s e d
u p o n a n e s t i m a t e d v a l u e o f $ 5 5 p e r c r e d i t , a C o n g e s t i o n M a n a g e m e n t P r o g r a m
f e e s h a l l b e p a i d i n t h e a m o u n t o f $ 3 7 4 p r i o r t o t h e i s s u a n c e o f b u i l d i n g p e r m i t s .
1 1 . A s p r o v i d e d f o r i n G o v e r n m e n t C o d e S e c t i o n 6 6 0 2 0 , a p p l i c a n t h a s n i n e t y d a y s
f r o m t h e d a t e t h i s p r o j e c t i s a p p r o v e d t o p r o t e s t t h e i m p o s i t i o n o f a n y f e e s ,
d e d i c a t i o n s , r e s e r v a t i o n s , o r e x a c t i o n s i m p o s e d o n t h e p r o j e c t f o r t h e p u r p o s e s o f
d e f r a y i n g t h e c o s t s o f p u b l i c i m p r o v e m e n t s , s e r v i c e s o r a m e n i t i e s . T h i s c o n d i t i o n
s h a l l s e r v e a s t h e n o t i c e t h e C i t y i s r e q u i r e d t o p r o v i d e a p p l i c a n t u n d e r S e c t i o n
6 6 0 2 0 ( d ) ( 1 ) .
1 2 . T h a t a n y n e w h e a t i n g a n d a i r c o n d i t i o n i n g e q u i p m e n t s h a l l b e l o c a t e d s o a s n o t t o
b e v i s i b l e f r o m p u b l i c s t r e e t s o r a d j a c e n t p r o p e r t i e s i n o r d e r t o a v o i d d i s t u r b i n g
a d j a c e n t t e n a n t s o r p r o p e r t y o w n e r s w i t h n o i s e o r e x h a u s t .
~ . .
Resolution 11-2340 PC
Conditional Use Permit 11-1783
Tentative Parcel Map No. 71427
Page 4
13. The front yard along Heleo Avenue as well as any landscaped areas along the
driveway shall be planted and maintained until the dwellings are individually sold
and shall be continuously maintained thereafter. ·
14. 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 (or decorative fence) is constructed. Any
unoccupied dwelling shall be boarded and fenced so as to prevent vandalism.
15. All windows shall be double pane to mitigate noise impacts and assit in energy
conseNation.
16.A landscape plan shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits. Said plan
shall include a minimum of three (3) 24" box specimen trees on each
individual property.
ENGINEERING
17. 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.
t-. ,:., ovicie for the proper distribution of drainage.
d. Ensure that property line walls and/or fences do not hinder natural sheet
flow or cross-lot drainage.
18. A drainage plan must be submitted for review and approval to the plan checking
section of the County of Los Angeles Department of Public Works prior to the
installation of 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, and that contributory
flow to adjacent properties is not hindered.
19. A deposit is required to review documents and plans for final map clearance in
accordance with Section 21.36.01 O(c) of the Subdivision Ordinance.
20. 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.
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21. A water system with appurtenant facilities to seNe all parcels in the land division •
must be provided. The system shall include fire hydrants of the type and location
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R e s o l u t i o n 1 1 - 2 3 4 0 P C
C o n d i t i o n a l U s e P e r m i t 1 1 - 1 7 8 3
T e n t a t i v e P a r c e l M a p N o . 7 1 4 2 7
P a g e 5
a s d e t e r m i n e d b y t h e L o s A n g e l e s C o u n t y F i r e D e p a r t m e n t . T h e w a t e r m a i n s h a l l
b e s i z e d t o a c c o m m o d a t e t h e t o t a l d o m e s t i c a n d f i r e f l o w s .
2 2 . A s t a t e m e n t f r o m t h e w a t e r p u r v e y o r s h a l l b e f i l e d w i t h t h e C o u n t y o f L o s A n g e l e s
D e p a r t m e n t o f P u b l i c W o r k s i n d i c a t i n g t h a t t h e w a t e r s y s t e m w i l l b e o p e r a t e d b y
t h e p u r v e y o r a n d t h a t u n d e r n o r m a l o p e r a t i n g c o n d i t i o n s , t h e s y s t e m w i l l m e e t t h e
r e q u i r e m e n t s f o r t h e l a n d d i v i s i o n , a n d t h a t w a t e r s e r v i c e w i l l b e p r o v i d e d t o e a c h
l o t .
2 3 . E a s e m e n t s s h a l l b e g r a n t e d t o t h e C i t y , a p p r o p r i a t e a g e n c y o r e n t i t y f o r t h e
p u r p o s e o f i n g r e s s , e g r e s s , c o n s t r u c t i o n a n d m a i n t e n a n c e o f a l l i n f r a s t r u c t u r e s
c o n s t r u c t e d f o r t h i s l a n d d i v i s i o n t o t h e s a t i s f a c t i o n o f t h e C o u n t y o f L o s A n g e l e s
D e p a r t m e n t o f P u b l i c W o r k s .
2 4 . P r i v a t e e a s e m e n t s s h a l l n o t b e g r a n t e d o r r e c o r d e d w i t h i n a r e a s p r o p o s e d t o b e
� g r a n t e d , d e d i c a t e d , o r o f f e r e d f o r d e d i c a t i o n u n t i l a f t e r t h e f i n a l m a p i s f i l e d w i t h t h e
C o u n t y R e c o r d e r u n l e s s s u c h e a s e m e n t s a r e s u b o r d i n a t e d t o t h e p r o p o s e d g r a n t
o r d e d i c a t i o n . I f e a s e m e n t s a r e g r a n t e d a f t e r t h e d a t e o f t e n t a t i v e a p p r o v a l ,
s u b o r d i n a t i o n m u s t b e e x e c u t e d b y t h e e a s e m e n t h o l d e r p r i o r t o t h e f i l i n g o f t h e
f i n a l m a p .
2 5 . A f i n a l m a p p r e p a r e d b y , o r u n d e r t h e d i r e c t i o n o f a r e g i s t e r e d c i v i l e n g i n e e r o r
l i c e n s e d l a n d s u r v e y o r m u s t b e p r o c e s s e d t h r o u g h t h e C o u n t y o f L o s A n g e l e s
D e p a r t m e n t o f P u b l i c W o r k s p r i o r t o b e i n g f i l e d w i t h t h e C o u n t y R e c o r d e r u n l e s s
w a i v e d i n a c c o r d a n c e w i t h t h e S t a t e S u b d i v i s i o n M a p A c t .
2 6 . P r i o r t o s u b m i t t i n g t h e f i n a l m a p t o t h e C o u n t y o f L o s A n g e l e s D e p a r t m e n t o f
P u b l i c W o r k s f o r i t s e x a m i n a t i o n p u r s u a n t t o S e c t i o n 6 6 4 5 0 o f t h e G o v e r n m e n t
C o d e , o b t a i n c l e a r a n c e s f r o m a l l a f f e c t e d D e p a r t m e n t s a n d D i v i s i o n s i n c l u d i n g a
c l e a r a n c e f r o m t h e S u b d i v i s i o n S e c t i o n o f t h e L a n d D e v e l o p m e n t d i v i s i o n o f t h e
C o u n t y o f L o s A n g e l e s D e p a r t m e n t o f P u b l i c W o r k s f o r t h e f o l l o w i n g m a p p i n g
i t e m s : m a t h e m a t i c a l a c c u r a c y , s u r v e y a n a l y s i s , a n d c o r r e c t n e s s o f c e r t i f i c a t e s ,
s i g n a t u r e s , e t c .
2 7 . A t t h e t i m e o f i s s u a n c e o f a g r a d i n g o r b u i l d i n g p e r m i t , t h e o w n e r s h a l l a g r e e t o
d e v e l o p t h e p r o p e r t y i n c o n f o r m a n c e w i t h t h e T e m p l e C i t y M u n i c i p a l a n d Z o n i n g
C o d e s a n d o t h e r a p p r o p r i a t e o r d i n a n c e s s u c h a s t h e B u i l d i n g C o d e , P l u m b i n g
C o d e , G r a d i n g O r d i n a n c e , H i g h w a y P e r m i t O r d i n a n c e , M e c h a n i c a l C o d e ,
U n d e r g r o u n d i n g o f U t i l i t i e s O r d i n a n c e , W a t e r O r d i n a n c e , S a n i t a r y S e w e r a n d
I n d u s t r i a l W a s t e O r d i n a n c e , E l e c t r i c a l C o d e , a n d F i r e C o d e .
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Resolution 11-2340 PC
Conditional Use Permit 11-1783
Tentative Parcel Map No. 71427
Page 6
28.11 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.
BUILDING AND SAIFETY
29. Building permits shall be obtained for all demolition work.
30. The Jot drainage of each Jot shall be collected by drainage facilities to be disposed
of on to public or private streets or into storm drains.
FIRE PROTECTION/
31. Provide water mains, lire hydrants, and lire flows as required by the Los Angeles
County Fire Department for all land shown on the map to be recorded.
32. Provide Fire Department and City approved building address numbers prior to
occupancy.
33. 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.
34. Fire hydrant requirements are as follows: Verily one (1) public lire hydrant and the
water availability information on the hydrant shall be submitted to the Los Angeles
County Fire Department.
35. The required fire flow for public fire hydrants at this location is 1250 gallons per
minutes at 20 psi lor a duration of 2 hours, over and above a maximum daily
domestic demand.
36.AII required hydrants shall measure 6" x 4" x 2-1/2" brass or bronze, conforming to
current AWWA standard C503 or approved equal. All required hydrants shall be
installed a minimum of 25 feet from a structure or protected by a two (2) hour
firewall.
37.AIJ required lire hydrants shall be installed, tested and accepted prior to
recordation of the final map. Vehicular access must be provided and maintained
serviceable throughout construction.
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38. Access shall comply with Section 10.207 of the Fire Code, which requires all •
weather access. All weather access requires paving. .
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R a s o ! u t i o ' l 1 ~ - ? ~ ' ~ I : f . l S
C o n d i t i o n a l U s e P e r m i t 1 1 - 1 7 8 3
T e n t a t i v e P a r c e l M a p N o . 7 1 4 2 7
P U B L I C W O R K S
P a g e 7
3 9 . S u r f a c e D r a i n a g e : P r o v i d e a l l f a c i l i t i e s n e c e s s a r y t o a c c o m m o d a t e c o n t r i b u t o r y
r u n o f f f r o m a d j a c e n t p r o p e r t i e s a n d a l l s u r f a c e d r a i n a g e f r o m t h e s u b j e c t p r o p e r t y
a n d c o n d u c t i t i n t o a p p r o p r i a t e s t o r m d r a i n f a c i l i t i e s . N o c o n c e n t r a t e d r u n o f f s h a l l
b e a l l o w e d t o d r a i n a c r o s s t h e s i d e w a l k a n d c o n t r i b u t o r y f l o w t o a d j a c e n t
p r o p e r t i e s , i f a n y , s h a l l n o t b e h i n d e r e d b y b l o c k w a l l s a n d / o r f e n c i n g l o c a t e d o n o r
a d j a c e n t t o p r o p e r t y l i n e s .
4 0 . S e w e r s : P r o v i d e s e w e r l a t e r a l s t o s e r v e e a c h p a r c e l , a s r e q u i r e d b y C o d e .
4 1 . S t r e e t T r e e s : P l a n t t w o ( 2 ) 2 4 ' b o x M i l d e w R e s i s t a n t C r a p e M y r t l e s i n t h e p u b l i c
. r i g h t - o f - w a y a r e a t o t h e s a t i s f a c t i o n o f t h e C o m m u n i t y D e v e l o p m e n t D e p a r t m e n t .
4 2 . S t r e e t L i g h t s : I n s t a l l o n e ( 1 ) 2 5 - f o o t m a r b e l i t e p o l e w i t h a 5 8 0 0 l u m e n / 7 0 w a t t H i g h
p r e s s u r e S o d i u m s t r e e t l i g h t i n f r o n t o f t h e p r o j e c t t o t h e s a t i s f a c t i o n o f t h e
C o m m u n i t y D e v e l o p m e n t D e p a r t m e n t .
4 3 . S i d e w a l k I m p r o v e m e n t : C o n s t r u c t a 5 - f o o t s i d e w a l k a d j a c e n t t o t h e f r o n t p r o p e r t y
l i n e o n H e l e o A v e n u e t o t h e s a t i s f a c t i o n o f t h e C o m m u n i t y D e v e l o p m e n t
D e p a r t m e n t .
4 4 . U n d e r g r o u n d U t i l i t i e s : A l l u t i l i t i e s s h a l l b e p r o v i d e d u n d e r g r o u n d f r o m p r i m a r y
s e r v i c e p o i n t s i n p u b l i c o r p r i v a t e r i g h t s - o f - w a y o r o n a r e a r p r o p e r t y l i n e , t o s e r v i c e
p a n e l s o r f a c i l i t i e s o n b u i l d i n g s . P r i o r t o i s s u a n c e o f b u i l d i n g p e r m i t s , p r o v i d e t o
t h e C i t y ' s C o m m u n i t y D e v e l o p m e n t D e p a r t m e n t , a d e t a i l e d u t i l i t y p l a n f o r r e v i e w
a n d a p p r o v a l s h o w i n g a l l u t i l i t y p i p e s , w i r e s , c o n d u i t s a n d t h e i r r e s p e c t i v e p o i n t s o f
c o n n e c t i o n .
4 5 . P e r m i t s : P e r m i t s s h a l l b e o b t a i n e d f r o m t h e C o u n t y o f L o s A n g e l e s D e p a r t m e n t o f
P u b l i c W o r k s p r i o r t o c o m m e n c e m e n t o f a n y w o r k i n t h e p u b l i c r i g h t - o f - w a y . A l l
w o r k i n t h e p u b l i c r i g h t - o f - w a y s h a l l m e e t t h e C o u n t y o f L o s A n g e l e s D e p a r t m e n t o f
P u b l i c W o r k s s t a n d a r d s a n d s h a l l b e r e v i e w e d b y t h e C i t y ' s C o m m u n i t y
D e v e l o p m e n t D e p a r t m e n t .
4 6 . D i s p o s a l o f C o n s t r u c t i o n W a s t e : N o c o n s t r u c t i o n a c t i v i t y w a s t e m a t e r i a l o f a n y
k i n d , i n c l u d i n g p l a s t e r , c e m e n t , p a i n t , m u d , o r a n y o t h e r t y p e o f d e b r i s o r l i q u i d
s h a l l b e a l l o w e d t o b e d i s p o s e d o f i n t h e s t r e e t o r g u t t e r , s t o r m d r a i n o r s e w e r
s y s t e m . N O T E : A L L D E B R I S P I L E S S H A L L B E R E M O V E D D A I L Y A N D S H A L L
H A V E N E C E S S A R Y D U S T C O N T R O L M E A S U R E S .
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Resolution 11-2340 PC
Conditional Use Permit 11-1783
Tentative Parcel Map No. 71427
Page 8
47. Solid Waste Management: Prior to the issuance of Certificate of Occupancy,
provide a written report to the City's Community Development 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.
48. Stormwater Pollution: The subdivider shall meet all requirements of the National
Pollutant Discharge Elimination System (NPDES) related to pollutants, runoff or
non-storm water discharges. (TCMC 81 00-8405)
SPECIAL REQUIREMEIIITS
49. A geology/soils report may be required prior to the approval of building or grading
plan.
50. If the sewer system is found to be insufficient, upgrade of the proposed and
existing sewerage system is required to the satisfaction of the Engineer of the said
County. In addition, if off-site sewer improvements are necessary, a revised
•
tentative parcel map showing the off-site sewer improvements shall be re-•
submitted to the relevant division of the Los Angeles County for approval.
51. Prior to the Fina1l Map approval, Plans shall be reviewed and approved and
building permit shall be acquired and finalized for the proposed modification
on the residenc:e located on Parcel 1 to satisfy the side yard setback
standard as demonstrated on the Tentative Parcel Map.
52. Prior io the Final Map approval, the subdividor shall file and record a Covenant
and Agreement with the County's Recorder's Office pertaining to the proper
maintenance of the cross lot drainage devices on each parcel.
53. A final drainage and grading plan shall be submitted for review and approval by the
County of Los Angeles Department of Public Works; said final grading and
drainage plan shall include wall and/or fence detail so as to ensure adequate
drainage. The final grading and drainage plan shall provide for no more than
.12 inches of fill on the subject lot, as measured from natural grade to the top
of the building pad(s); multiple catch basins, drain pipes, sump pumps, weep
holes and any other means necessary may be utilized to achieve acceptable
drainage within the 12 inch maximum fill allowance. In addition, the plan must and
provide for contributory drainage from adjacent properties, and provide that
contributory flow to adjacent properties is not hindered.
54. Place a note on the final map, to the satisfaction of the City Engineer, indicating •
that this map is approved as a residential project for two parcels.
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R e s o l u t i o n 1 1 - 2 3 4 0 P C
C o n d i t i o n a l U s e P e r m i t 1 1 - 1 7 8 3
T e n t a t i v e P a r c e l M a p N o . 7 1 4 2 7
P a g e 9
5 5 . T h e l e g a l d e s c r i p t i o n o n t h e f i n a l p a r c e l m a p s h a l l b e r e v i e w e d a n d a p p r o v e d b y
t h e L a n d D e v e l o p m e n t D i v i s i o n o f t h e C o u n t y o f L o s A n g e l e s D e p a r t m e n t o f P u b l i c
W o r k s .
5 6 . T h e T e n t a t i v e P a r c e l M a p s h a l l e x p i r e 2 4 m o n t h s f r o m t h e d a t e o f a p p r o v a l .
I f t h e f i n a l m a p i s n o t t o b e r e c o r d e d p r i o r t o t h e e x p i r a t i o n d a t e , t h e s u b d i v i d e r
s h o u l d a p p l y i n w r i t i n g t o t h e C o m m u n i t y D e v e l o p m e n t D e p a r t m e n t a t l e a s t f o r t y
( 4 0 ) d a y s b e f o r e t h e e x p i r a t i o n d a t e f o r a n e x t e n s i o n o f t i m e o n t h e a p p r o v a l o f t h e
m a p . T h e g r a n t i n g o f a n y e x t e n s i o n o f t i m e t o r e c o r d t h e f i n a l m a p s h a l l b e a t t h e
. d i s c r e t i o n o f t h e g r a n t i n g b o d y .
5 7 . A n y f u t u r e c o n s t r u c t i o n p l a n s f o r P a r c e l 1 a n d P a r c e l 2 s h a l l i n c l u d e a b l u e -
l i n e s h e e t ( s ) s h o w i n g e a c h p a g e o f t h i s r e s o l u t i o n , i n c l u d i n g a l l c o n d i t i o n s o f
a p p r o v a l c o n t a i n e d t h e r e i n .
5 8 . T h e c o n d i t i o n s o f a p p r o v a l c o n t a i n e d i n t h i s R e s o l u t i o n m a y b e e n f o r c e d b y
t h e S h e r i f f ' s O f f i c e , a s w e l l a s C i t y s t a f f . A n y v i o l a t i o n o f a n y c o n d i t i o n i s a
m i s d e m e a n o r a n d m a y b e p r o c e s s e d d i r e c t l y b y c r i m i n a l c o m p l a i n t .
5 9 . T h i s R e s o l u t i o n s h a l l n o t b e c o m e v a l i d u n t i l a l l r e s p o n s i b l e p a r t i e s h a v e
s i g n e d a n d a g r e e d t o t h e a f o r e m e n t i o n e d c o n d i t i o n o f t h i s R e s o l u t i o n .
' .