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Home My Public Portal About09) 7F Final Subdivision Map Approval for Parcel Map 73046 9703 Garibaldi AvenueDATE: TO: FROM: SUBJECT : AGENDA ITEM 7.F. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM October 6 , 2015 The Honorab le City Council Bryan Cook , City Manager Via : Mich ae l D. Forbes, AICP , Community Developme nt Director ~ By: Adam Gulick , Associate Pl an ner FINAL SUBDIVISION MAP APPROVAL FOR PARCEL MAP NO. 73046 , A THREE-UNIT CONDOMINIUM SUBDIVISION AT 9703 GARIBALDI AVENUE RECOMMENDATION: The City Council is requested to : a) Rece ive the Subdivision Improvement Agreement (Attachment "A"); b) Approve the final subd ivision map for Parcel Map No . 73046 (Attachment "B"); c) Authorize the City Manager to execute the Subdivision Im prov e ment Agreement ; and d) Authorize th e City Clerk to certify Parcel Map No . 73046 . BACKGROUND: 1. On July 30 , 2014 , the City received an application proposing a three-unit condominium subdivision for the prop e rty located at 9703 Garibaldi Avenue . 2 . On Augu st 15 , 2014 , the submitted tentative map was distributed to the City Engineer, Los Angeles County Fire Department and utility compan ies for comments. 3. On January 13 , 2015 , at a noticed public hea ring , the Planning Commission reviewed and approved the tentative parcel map . 4 . On May 12 , 2015 , t he City Engineer (Transtech) advised the City that the final map was approved for mathematical accuracy , survey analysis , title info rmation , and for City Council October 6 , 2015 Page 2 of 2 compliance with the Subdivision Map Act. As a result , the map was ready for recordation subject to the conditions of approval. 5 . On June 1, 2015 , the developer signed the C ity's Subdivision Improvement Agreement. ANALYSIS: The tentative map for the development was approved on January 13 , 2015 . The approval was based upon the conclusion that the project was consistent with the Genera l Plan and the Zoning Code . The approved tentative map was granted an initial l ife of two years from the date of approval. Since te ntative map approval , the applicant has gradually worked to fulfill the conditions imposed on the project for the final map . Now the final map has been reviewed and approved by the City Engineer and the Fire Department. The appl icant also signed the Subdivision Improvement Agreement and submitted a security deposit for the street improvements of the subdivision. The fina l map will not be released until the labor and materials security deposit in the amount of $24 ,067 is received for the street improvements . Staff concludes that the final map is ready for certification . Certifying the final map will allow the developer to record said map and start construction of the project. CONCLUSION: Based upon the finding that the final map is in substantial compliance with the approved tentative map , staff recommends that the City Council receive the security deposit for the street improvements , authorize the City Manager to execute the Subdivision Improvement Agreement, and approve the final map for the project. 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 . 73046 .------------------ RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: (Document exempt from recording fees purs uant to Cal. Gov. Code § 27383) CITY OF TEMPLE CITY Attn: Bryan Cook, City Manager 9701 Las Tunas Drive Temple City, California 91780 ATTACHMENT A Tms SPACE FOR RECORDER'S USE ONLY SUBDIVISION IMPROVEMENT AGREEMENT FINAL TRACT MAP 73046 By and Between THE CITY OF TEMPLE CITY, a municipal corporation and DATED __ .:::l=.=.c.tt.L£.'11-=:·e;;___.:.l~.s4T---'' 201s SUBDIVISION IMPROVEMENT AGREEMENT FINALTRACTMAP /1P/f/; This Subdivision Improvement Agreement ("Agreement") is entered into as of this __ day of . 2015 by and between the City ofTemple City, a municipal corporation ("City") and q70~ tdJ/J1ZJ.IJ8tDJ ·, L-f.L.: ("Developer''). City and Developer are sometimes hereinafter individually 7eferred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. Developer has submitted to City an application for approval of a ftnal tract map for real property located within City, a legal description ofwhich is attached hereto as Exhibit "A". The tract map is identified in City records a\Jract Map No. t~o'tb . On _____ __, the City conditionally approved Tract No. :_1_ 1tJ Jf--b . B. Developer has not completed all of the work or made all of the Public Improvements required by the Subdivision Map Act (Government Code section s 66410 et ~.), ("Map Act") the City Ordinances, the conditions of approval for Tract No. '7 '?t?¥-t , or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision ofland. C. Pursuant to City Ordinances and the app li cable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the Public Improvements and the furnishing of the security therefor, acceptable to the City E ngineer and City Attorney, for Tract No. '71ttltf:/:z . D. City has authority to enter into this Subdivision Improvement Agreement pursuant to Government Code Sections 66499-66499.10 . E. Pursuant to Government Code Section 66499, Developer's execution of this Agreement and the provision of the security are made in consideration of City's approva l of the ftnal map for Tract No . ('}1P 'ft . DEFINED TERMS "Developer" shall mean 11f?'2 brhZfertzJ) ~ LL C, a ________ _ The term "Developer" shall also include all assignees , to the extent permitted under this Agreement, of the rights and obligations of Developer under this Agreement, and any successor- in-interest to Developer having a legal and/or equitable interest in the Property. "Estimated Costs" shall mean the City Engineer's approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping. -1 - "Litigation Expenses" shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a party in good faith in the prosecution of an action or proceeding, including, but not limited to, court costs, filing, recording, and service fees , copying costs, exhibit production costs, special media re ntal costs , attorneys' fee s, 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 Acf' shall mean the Subdivision Map Act, Government Code Sections 66410 et seq. "ProperJJ!." shalj mean the all of the real property contained within the boundaries of Tract Map No. "'1·'JIJ'f,j, located in the City ofTemple City, California, as is more particularly described in the legal description and tract 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 ofTentative Tract Map No. ~atf-6 and as shown in detail on the plans, and ~cifications which have been approved by t e City and incorporated into Tract Map No. q11~ ~ . 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 obli gated to construct and complete all of the Public Improvements required as conditions of approval for Tentative Tract Map (/1totfb. "Required Insurance" shall mean the insurance required to be maintained by Developer under Section 17. "Security" shall mean surety bonds in the amounts and under the terms of Section 12 or other security approved by City Engineer or City Attorney. "Tract No f'}~vt-f-i ." s hall mean the final map prepared and approved by the City for tentative tract map no. q1Jvfi, .. "Warranty" shall mean the one year period following completion of the Public Improvements by Developer and the acceptance ofthe 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: 1. EFFECTIVENESS. This Agreement sha ll not be effective unl ess and until all four (4) of the foll owing conditions are satisfied in the order provided: -2- 1.1 Security. Developer provides C ity with the Security ofthe type and in t he amounts required by thi s Agreement; 1.2 Final Map and Agreement Approval. The City Council of the City ("City Council") approves the final map for Tract No. 71;o.ifi, 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 ofLos Angeles; and rJ..l 1.4 Record Final Map. Developer records the final map for Tract No. @ OVJ -v in the Recorder's Office of the County 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 terminate without need of further action by either C ity 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 transition s 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 irrigation water or sewer system in conflict with the construction or installation of the Publ ic Improvements. Such replacement, relocation , or removal shall be performed to the complete satisfaction of th e 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 C ity 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 comp leted prior to this Agreement, Deve loper agrees to complete such Public Improvements or assure their compl.etion in accordance with thi s Agreement. 2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer sha ll , at its so le cost, expense, and liability, obtain all neces sary permits and approva ls and g ive all necessary and incidenta l notices required for the lawful construction of the Public Improvements and performance ofDeveloper's obligations under thi s Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requireme nts 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 C ity 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 a nd Specifications . Developer is prohibited from commencing work on any Public Improvement until a ll plans and spec ifications fo r such Public Improvement have been sub mitted to and approved by the City Engin eer, or hi s or her designee. Approval by the City Engineer shall not relieve Developer from ens uring that all Publ ic Improvements conform with all other requirements and standards set forth in this Agreement. -3- 2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance w ith all applicable federal , state and local laws, ordinances, regu lation s, codes, standards, and other requirements. The Public Improvements shall be compl eted in accordance with all approved maps, plans, specifications, standard drawi ngs, and special amendments thereto on file with City, as well as all applicable federal , state, and local laws, ordinances, regulations, codes, standard s, 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 b y professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be s killed 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 perform the work assigned to them, and that they sha ll have all licenses, permits, qualifications and approvals of whatever nature that are legally req uired to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement. 2.6 Alterations to Improvements. AJI work shall be don e 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 C ity. 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. The conditions of approval which have not been satisfi ed prior to the date of this Agreement are identified on Exhibit "D " hereto. 3. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING. City shall not be responsible or li able for the maintenan ce or care of the Public Improveme nts until City formally approves and accepts them in accordance with its policies and procedures. C ity shall exercise no control over the Public Improvements until approved and accepted. Any use by any person of the Public Improvements, or any portion the reof, shall be at the sole and exclusive ri sk of the Developer at all times prior to C ity's acceptance ofthe Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are complete d by Developer and approved and accepted by City, and until the security for the performance of thi s Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, g utters, s idewalks, s ignals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonabl y acceptable to City; removal of debri s fro m sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all street s an d 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 a ll work necessary for such maintenance and the cost thereo f shall be the -4- responsibility of Developer and its surety un der this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way rel ated to or caused by the Public Improvements or their cond ition prior t o acceptance . 4 . CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequatel y comp lete or have completed the Public Improvements within years L_ months) follow ing approval of the final map for Tract No. q1Jo'(.,fp . 4.1 Extensions. City may, in its sole and absolute discretion, provide Developer with add itional tim e within which to com plete the Public Improvem ents. It is understood that by providing t he Security required under Section 12.0 et ~·of thi s Agreement, Developer and its surety consent in advance to an y extension of time as may be given by C ity to Developer, and waives any and all right to notice of s uch extension(s). Developer's acceptance of an exten sion of time granted by City shall constitute a wai ver by Developer and its s urety of all defense of laches , estoppel, statutes of limitations, and other limitati ons of action in any ac tion 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 est imates 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 di sc retion. 4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms the reof shall not accrue until Devel o per has provided the City Engineer with written notice of Developer's intent to abandon or otherwise not complete required or agreed up on Pub lic Improvements . 5. GRADING. Develop er agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of T ract No. q qe't.k s hall conform 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 E ngineer sha ll have the authority to require erosion plans to prescribe reasonable controls on the method , manner, and time of grading, land scaping, and construction act ivities to prevent nuisances to surrounding properties. P lans shall include without limi tation 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, sec uring the job site to prevent injury, 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 ~· 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 Tract No. rJ '?Ji?tfp in accord ance with all a pplic abl e federal , state, an d local laws, rules and - 5 - regulations, including, but not limit ed to , the regu lations, 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 acc ordance with all applicable federal, state, and local laws, rules, and regu lations, 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 lim ited to, all plan check, design review, engineering, inspection, and othe r service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract No. Q1Ptf.f , or as r equired by other governmental agencies having jurisdiction over Tract No. q~o 'f..£, . 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 in spection by C ity of the Public Improvements and areas where construction ofthe Public Improvements is occurri ng or will occur. If the City inspector reque sts it, the Developer at any time before acceptance of the Public Improvements shall remove or uncover such portions 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 he re in 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 herei n, Developer and its surety shall be jointly and severally liable to City for aJI administrative expenses, fees , and costs, including reasonable attorney's fees and costs, in curred in obtaining compliance with this Agreement or in process ing 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 di scretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not relea se 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 R ecorder's Office of the County of Los Angeles a notice of completion for the accepted Public Improveme nts in accordance with California Civil Code section 3093, at which time th e accepted Public Improvements shall become the sole and exclusive property of City w ithout payment therefor. -6 - 10.2 CityAcceptanceofPubliclmprovements. lfTractNo. t>l~o % was approved and recorded as a single phase map, City shaJI not acc ept any one or more of the improvem e nts until all of the Public Improvements are completed by Deve loper and a pproved by City. Issuance by City of occupancy permits for an y buildings or structures located on the P roperty shall not be construed in any manner to const itut e City's acceptan ce or a pproval of any Public Improvements. 10.3 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 (1) set of "as-built" or record drawings or plans t o the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the c ondition of the Public Impro vements as constructed, with all changes incorporated therein . 11 . WARRANTY AND GUARANTEE. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defect ive materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of o ne (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 Warranty for an additional one (1) 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 o f thi s Agreement. 12. SECURITY; SURETY BONDS. Prior to City's approval and execution ofthis Agreement, Developer shall provide City with 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 Section 4 [Construction Schedule], in its so le and absolute discretion, that the Estimated C osts have changed, Developer shall adjust the Security in the amount requested by City. Developer's compliance with this provision (Section 12.0 et seq .) shall in no way limit or modify Developer's indemnification obligation provided in Section 16.0 of this Agreement. 12.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City ifDeveloper is in default as set forth in Section 18.0 et ~·of this Agreement, and to secure Developer's one-year g uarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigoro us and thrivi ng conditio n, Developer shall provide C ity a faithful performance bond in th e amount o f "1"~(-fi?l¥ ff:W~D f,W~(~-'2..4,D<P7 . 00 ), whi c h sum sha ll be not less than one hundred percent (100%) ofthe E stl m~d Costs. -7- 12.2 Partial Release. The City Council m ay, in its sole and absolute di scretion and upon recommend ation of the City Engineer, partially release a portion or portions of the Security provided under this section as the Publi c Improveme nts are accepted by City, provided that Developer is no in default on any provision of this Agreement or condition of approval for Tract No. ':b and the tota l remain in g Security is not less t han twenty-five percent (25%) of the stimated Costs. All Security provided under this section shall be released at the end of t he Warranty period, or any extension t hereof as provided in Section 11.0 of thi s Agreement, provided that Developer is not jn default on any provision of this Agreement or conditi on of a pproval for Tract No. Q?z tJ£N . 12.3 Labor & Material Bond. To secure payment to the contractors, s ubcontractors, labo rers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement~veloper shall provide City a labor and material s bond in the amount of 1"""~@1J~D~OCff~!.$. 21J~7 .tO ), which s um shall not be less than one hundred percent (100%) of the Estul;~te'd Costs. The Security provided under this section may be released by written authorizatio n of the City Engineer after six (6) months from the date City accepts t he fmal Public Improvements. T he amount of such Security shall be reduced by the t otal of all stop notice or mechanic's lien c laim s of which City is aware, plu s an amount equal to twenty percent (20%) of such claims for reimbursement of City's anticipated administrative and lega l expenses arising out of such claims. 12.4 Additi onal Requirements. T he surety for any surety bonds provided as Security shall hav e a current A.M. Best's rating of no less t han A :VIII, be a bank or insurance company li censed 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 th e obligations of this Agreement. The Developer and its s urety stipulate and agree that no change, extension of time, alteration, or addition to the t erms of this Agreeme nt, the Public Improvements, or the plan s a nd s pecifications for the Public Improvements shall in any way affect its ob ligation on the Security. 12 .5 Form of Security. The evidence of the Security sha ll be provided on the form s set forth in Attachment "C", unless other forms are deemed acceptable by the C ity Engin eer and the C ity Attorney, and when such forms are completed to the sati sfaction of C ity, the forms and evidence ofthe 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 in strum e nt, Developer agrees to cooperate with C ity to facilitate City's realization under any Security in strument, and to take no action to prevent City from such realization under any Security in strument. Notwithstanding t he giving of any Security instrument or t he subsequent expiration of a ny Security in strument or any failure by any surety or financial insti tution to perform its obligations with respect thereto, Developer shall be personall y li able for performance unde r this Agreement an d for payment ofthe cost of the labor and ma terial s for the improvement s req ui red to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City s uch substitute Security as C ity shall require satisfyin g the req uirements in thi s Secti on 12 . -8- 13. MONUMENT SECURITY. Prior to City's execution of thi s Agreement, to guarantee payment to the e ngineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Tract No. '7'?04-b in compliance with th e applicable provisions of City's Munici pal and/or Development Code ("S ubdivision Mon ents"), Developer shall deposit cash with City in the amount of Dollars($ , which sum shall not be less than one hundred percent (1 00%) ofthe costs of setting t Subdivision Monuments as determined by the City Engineer . S aid cash deposit may be rele sed by written authorization of the City Engineer after all required Subdivis ion 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 Monuments, and prov ided Devel-::er is not in default of any provision of this Agreement or condition of approval for Tract No. '_J_?c?1>-i, . 14. LIEN. To secure the timely performance of Developer's obl igations under this Agreement, including those obligations for which security bas been provided pursuant to Sections 12 .0 et ~·and 13.0 of this Agreement, Developer hereby creates in favor of City a lien against 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 ~· and 13.0 of thi s Agreement, City shall first attempt to collect against such security prior to exercisi ng its rights as a contract lienholder under this section. 15. SIGNS AND ADVERTISING. Developer understands and agrees to City's ordinances, regulations, and requirements governing s igns and advertising structures. Developer hereby agrees with and consents to the summary removal by City, witho ut notice to Developer, of all signs or other adverti s ing structures erected, placed , or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its s urety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertis in g structures, or their removal. 16. INDEMNIFICATION. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and a ll actual or alleged claims, demands, causes of action , liability, loss, damage, or injury, to property or persons, includ ing 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 mi sconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction 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 fo r all legal expenses and costs incurred by each of them. This indemnification excludes on ly such portion of any claim, demand, cause of action, liability, lo ss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused sole ly and exclusiv e ly by the gross negligence or willful misconduct of City as determined by a court or ad mini strative body of competent jurisdiction. Developer's obligation to in demnify City shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceed s, if any, received by City, its elected officials, officers, employees, or agents. -9 - 17 . INSURANCE. 17.1 Types; 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, suc h insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. 17 .1 .1 General Liability . Developer and its contractors s hall procure and maintain occurrence version general liability insurance, 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 .1.2 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 in surance 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 . Develo per and its contractors shall procure and maintain workers' compensation insu rance with limits as required by the Labor Code ofthe 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 omi ssions 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. Such 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 s hall reduce or eliminate such deductibles or self-insured retentions as re spects City, its elected officials, 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 in sured provisions, and shall contain no s pecial limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. 17.4 Primary Insurance; Waiver of Subrogation. The Required Insurance sha ll be primary with respect to any in s urance or self-in surance programs covering City, its elected official s, officers, emplo yees , agents , and volunteers . All policies for the Required Insurance shall prov id e that the insurance company waives a ll ri ght of recove ry by way of sub ro gation against City in connection with any damage or harm covered by such policy. -10- 17.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person a uthori zed by that insurer to bind coverage on its behalf. All certificates 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 tenn of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date . All policies shall be endorsed to prov ide 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 w riting by City, all Required Insurance shall placed with in surers 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 w ithin ten (10) 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 verbally, and Developer shall commence the required work within twenty-four (24) hours thereof. Immediately upon City's issuance of the demand to remedy the default, Developer and its surety shall be liable to City for a ll costs of construction and installation ofthe 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 th e 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 abso lute 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 el ects to complete or arrange for completion of the remaining work and improvements, C ity may require a ll work by Deve loper or its surety to cease in order to allow adequate coordi nation by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City w ill not be prejudiced thereby, City may a lso process a reversion to acreage and thereafter recover from Developer or its surety the fu ll cost and expense incurred. -11 - I I I 18.3 Other Remedies. No acti on by City pursuant to Section 18.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal , state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or s pecific performance. 19. GENERAL PROVISIONS. 19.1 Authoritv to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party. 19.2 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 19.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation ofthis Agreement, the language of this Agreement s hall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not defme, limit, augment, or describe the scope, content, or intent of this Agreement. 19.4 Notices . All notices, demands, invoices, and written communic ations shall be in wri ting and delivered to the following addresses or such other addresses as the Parties may designate by written notice: CITY: City of Temple City Attn: Bryan Cook, City Manager 970 1 Las Tunas Drive Temple City, California 91780 DEVELOPER: 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 deli vered by regular mail; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid , as of72 hours after deposit in the U.S . Mail. -12 - 19.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be bind ing unless executed in writing and s igned by both Parties. 19.6 Waiver. City's fa il ure to insist u pon strict compliance with any provision of this Agreement or to exercise an y right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Deve loper of any of its obligations under this Agreement, whether of the same or s imil ar type. The foregoing shall be true whether City 's acti ons are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as we11 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. U nless 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 t he 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 an y Party to assign any right or obligation. 19.9 No Third Party Beneficiaries. There are no intended third party beneficiari es of any right or obligation assumed by the Parties. 19.10 Invalidity; Severability. If any portion of this Agreement is declared invalid , illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 19.11 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 proceeding 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 County 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 federa l right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer express ly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394. 19.12 Attorneys' Fees and Costs. If any arbitrati on, lawsu it, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, th e prevailing party, whether by final judgment o r ar bitration award, shall be -13- entitled to and recover from the other party all Liti gation Expenses. Any judgment, order, or award entered in such legal action or proceeding sh all contain a specific provi s ion providing for the recovery ofLitigation Expenses. 19.13 Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract No. Z2of& , nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Devel oper. 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 counterpart originals , which taken together, shall constitute one and the same instrument. 19.15 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: PeggyKuo City Clerk APPROVED AS TO FORM By: ___________ _ Eric S. Vail City Attorney -14- CITY OF TEMPLE CITY By: __________ _ Bryan Cook, City Manager By :_"""""'5'>~=j;~~~~~?:£..!___ Its: --~M~I'7"8-L..L--'-rtzj"--7--e-7Z:::::.._ __ By:C~ Its: H~tt ~ - NOTE: DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. -15 - 9703 GARIBALDI, U.C OfflCER APPOINTMENT 9703 GARIBALDI, LLC The manager of the 9703 GARIBALDI, LLC, hereby appoint Gary Lin, as the officer with the delegated power to sign any and all documentation related to m•P!lf!e the business IDd affairs of the LLC qcevt as otherwise provjded in the LLC Operating Agreement. This power includes but is not limited to signing the followin g: Section 3.03 (c)-finance that LLC's activities by borTOwing money !Tom thi.rd parties on such terms and conditions that the Managers deem appropriate. IN WITNESS WHEREOF, the undersigned, being the have hereunto executed this Agreement u of tho 4m ofNovember. 2014. LOUISE KUANJU CHEN MANAGER, 9703 GARIBALDI, LLC GARY LIN MANAGER. 9703 GARIBALDI, LLC KEVINKUO MANAGER, 9703 OARJBALDI, LLC .~ MANAGER, 9703 GARIBALDI, LLC SAMUELKUO MANAGER, 9703 GAR IBALDI , LLC ---~--.rtwuC11'111•_,_..,.11! _ __... .. ~ .. -- --------------------------- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C IVIL CODE§ 1189 • A notary publ ic or other officer completing th is ce rtifi cate verifies only the iden tity of the individu al who sign ed the document to whic h this ce rtifi cate is atta ched, and not th e truthfulness , acc uracy, or va lidity of that document. State of California County of /.,c5 ~.d~.J On Av.g llsf-S , ?/0/'5' before me, ____ 5_1'f1--k-t_~-t_~ _ _.~1:___:_N_o_:-fn_"1+, __;_F_'ul._· f_,c. ____ _ Date Here Insert Name and Title of the Officer person~~ appea~d ---------~~~-~~_L_i_~----------------~ Name(s) of Signer(s) who proved to me o n the basis of satisfactory evidence to be the person(s) w hose name(s) is/at=e subscribed to the within in strument and acknowledged to me that he/~ executed the same in his/hetAI4gir authorized capacity(ies), and that by his/he##leir signature(s) on the instrument the person(s), or the entity upon behalf of which t he person(s) acted, executed the instrument. Place Notary Sea! Abo ve I certify under PENALTY OF PERJURY under the laws of the State of Californi a that the fo r egoing paragraph is true and correct. WITNESS my hand and official seal. Signature -----~------''--ll~--'-------- Signature of Notary Public -----------------------------OPTIONAL----------------------------- Though this section is optional, completing this information ca n deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document .fl.,..t~l Th ef-tv\P..t I 3. 0 lfb 1<-w:rk C.f-1, c.rr-1 7 °3 4-o.ri b"J.,{,· L-L-C.. Title or Ty pe of Document: "'S v b.,l,"'slt'}>.. / ""iruv.e.J"' c,.,.f A~Fu.J•Ien.t-Oocument bate: ---===~~~~::..:·1\.:::c..'---..!._.__-u_:__:=.l)~ Number of Pages: -vS Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name:-----------~ Signer's Name:------------- 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -D Limited D Gen eral 0 Partn er -D Limited 0 General 0 Individual D Attorney in Fact 0 Individual D Attorney in Fact 0 Trustee D Guardian or Conservato r 0 Trustee D Guardian or Conservator · 0 Other:-------------~ 0 Other: -------------- Signer Is Representin g: ________ _ Signer Is Representing: ________ _ • ©20 14 Nat ional No t ary Ass ociati on • www.Nat ionaiN otary.o rg • 1-800-U S NOTARY (1-80 0-876-6827) Item #59 07 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL MAP NO. 73046 THE SOUTH 129.00 FEET OF THAT PORTION OF LOT 8, BLOCK "N" OF THE SANTA ANITA LAND COMPANY'S TRACT, IN THE CITY OF TEMPLE CITY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 137 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE EASTERLY LINE OF KAUFFMAN AVENUE, 60 FEET WIDE, AS DESCRIBED IN THE DECREE OF CONDEMNATION, SUPERIOR COURT CASE NO. 251896, RECORDED IN BOOK 8115, PAGE 36, OFFICIAL RECORDS . EXHIBIT "B" LIST OF PUBLIC IMPROVEMENTS TRACTNO. 78CJ4G 1 SUBDIVISION IMPRO VEMENT AGREEMENT EXlllBIT "C" SURETY BONDS AND OTHER SECURITY TRACT NO. 7 3C>4 & As evidence of understanding the provisions contained in this Agreement, and ofthe Developer's intent to comply with same, the Developer has submitted the below described security in th e amounts required by this Agreement, and has affixed the appropriate signatures thereto: PERFORMANCE BOND PRINCIPAL AMOUNT: Surety: Attorney-in-fact: Address: MATERIALANDLABORBONDPRINCIPALAMOUNT: $ '2.4,CJ07 , CC> ' Surety: Attorney-in-fact: Address: CASH MONUMENT SECURITY: $ -1.4 J){o 1. CJC) Amount deposited per Cash Receipt No. 1.. S ?-;C, 1 Date: ~ -1 -1-0l 0 SUBDI VlS !ON IM PROVEMENT AGREEME NT COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION ROADS COST ESTIMATE FOR BOND PURPOSES LOCATION 6110,6 108,6 106 KAUFFMAN AVE. TEMPLE C ITY , CA 91780 PREPARED BY j vft 11 W~ DATE /~q-/rcHECKEDBY DAT E __ _ I~ -~-------:-·------·:·:--------------------_-·--, .;:J.:· ;: 1 .:11 1l '''"l··~ .~.( )\:.:;~:1 ,:-:-J·'r~·r-~-------, .! Item Quantity Un t Cost I T t C t 0 a1 OS >$50k Unit Price <$50k Unit Price Pavement Asphalt A.C. (2") -Performance Grade 3,460 $ 0.74 /S.F. $ 1.08 $ . 2,560.40 A.C. (3") -Performance Grade $ 1.10 /S.F. $ 1 .37 $ - A.C. (4") -Performance Gra de .. $ 1.41 /S.F. $ 1.69 $ - A.C. (6") -Perfor m ance Grade $ 1 .89 /S.F. $ 2.30 $ - RBAC -Rubbe rized Asphalt Concrete $ 2.82 /S.F. $ 3.67 $ - A.C. (removal) $ 2 .25 /S.F. $ 3.14 $ - A.C. (coldmlll) $ 0.79 /S.F. $ 1 .35 $ - P.C. Concrete Sid ewalk (4" Thick) 640 $ 3.93 /S.F. $ 4.43 $ 2 ,515 .20 Alley Interse ction (6") $ 4.16 /S .F. $ 4.75 $ - Cross-Gutter (8") $ 5.31 /S.F. $ 6.01 $ - Local Depression (3") $ 4.10 /S.F. $ 4.75 $ - Drivew ay (4'1 65 0 $ 3.39 /S .F. $ 4.32 $ 2,203.50 Driveway (6" -commercial) $ 4.1 6 /S .F. $ 4.75 $ - Curb Ramp (with det ectab le warnin g surface) 1 $ 1 ,711.0 1 Each $ 2,137.29 $ 1,71 1.01 Pavem ent (9") $ 5.74 /S.F. $ 6.45 $ - Grouted Rip Rap (6"-12 ") $ 9.0 1 /S .F . $ 15.1 9 $ - Grouted Rip Rap (12"-19") $ 10.17 /S.F. $ 17.43 $ - Gunite (3") $ 3.93 /S.F. $ 4.54 $ - Re inforced Concrete $ 675.63 /C.Y. $ 765.27 $ - C u rb and Gutter P.C.C. Inverte d Shoulder (7-1/2" CF)_ $ 15 .86 /L.F . $ 19 .68 $ - P.C.C . Curb an d 2' G utter {Ty pe A2-6) $ 14.76 /L.F . $ 18 .58 $ - P.C.C. Curb and 2' Gutter (Type A2-8) 42 $ 15.86 /L.F . $ 19.68 $ 66 6.1 2 P.C.C. Curb and 2' Gutter (Type 81 L6)_ ~,ANn S FETY $ 13 .67 fl. F. $ 16.94 $ - P.C.C. Curb and 2 1 Gutter (Type 82,(3)-61 ...,O()llt=J $ 14.76 /l.F. $ 18.58 $ - P.C.C. Curb Typ e C LIB r f'T ro rl.ll RHIIFWA Jr) r I"'PDJ.:f'T r $ 13.67 /L.F . $ 16.94 $ - A.C . Cu rb Typ e D ·LDlo/ PLNG. $ 13.6 7 /l.F. $ 16.94 $ - P.C.C . Alley Gutter '\/?' $ 13.67 /l.F. $ 16.94 $ - ,.....-v 1111 n R ?n1 Miscellaneous Items Street Name Sign s $ 563 .02 Each $ 563 .02 $ - Unclassified Excavation •'"' ........ -.t -~. ~·· $ 84.73 /C.Y. $ 84.73 $ -r • 1 Cleari ng & G ru bbing ,.I .N' ~ '' ,: 1 I.. .<I I I . ' $ 84.73 IC.Y. $ 84 .7 3 $ - Sawcu t ~~-" ,,._,-.,,f'l"i['' r RC 115 $ 2.29 /L.F. $ 2 .8 4 $ 263.35 Concr ete Removal N on Re inforce d $ 337.8 1 IC .Y. $ 33 7.81 $ - Concre te Removal R e inforced $ 563.02 /C.Y. $ 563.02 $ - Crushed Agg. Base (under AC & PCC pavement) $ 56.30 /C.Y. $ 67.78 $ - Crushed Agg. Base (under sidewa lk, c&g, d riveway) $ 56.30 /C.Y. $ 67.78 $ - Crushed Agg. Base (removal) $ 47.55 /C.Y. $ 56.85 $ - 6 Mil Polyethylene Fi lm Membrane (30" deep) $ 11 .48 /L.F . $ 13.67 $ - Trench Backfill Slurry (270-E-50 0)' $ 169.45 /C.Y. $ 229.58 $ - Fees Effective 07/01 /2014 Page 1 of 3 ROAD IMPR OV EMEN TS FOR PARCEL MAP/TRAC T NO . __ -'-P.:.:..M'-'7-=-3-=-04-'-"6'--------- Geotextile fab ric $ 3.39 /S.F . $ 4 .59 $ - Guard Ra il $ 47.55 /L.F. $ 50 .84 $ - G uide Marke rs .. $ 13.67 Each $ 17.00 $ - Chain Link Fen c e (5') $ 16 .94 /L.F. $ 22.53 $ - Chain Link Fence (6') $ 21 .95 /L.F. $ 30.61 $ - T ree Removal (Ave. 12" D) $ 484 .31 Each $ 585.98 $ - Adjust manho le $ 439.48 Each $ 518.19 $ - Tree Well and Covers .. $ 101 .67 Each $ 112.61 $ - Remove Te mpo rary Turnaround $ 843 .98 Each $ 843 .98 $ - Construct Temporary T urnaround $ 1,575.36 Each $ 1,575 .36 $ - Lump Sum (fill in doll ar amount) ,·:·.·.· >.· .• .. 1 $ -Each $ -$ - Drain age Facilities Curb Dra in Curb Drain, 1 Pipe $ 1,126 .04 Each $ 1,126 .04 $ - Curb Drain , 2 Pipes $ 1 ,462.76 Each $ 1 ,462 .76 $ - Curb Dra in, 3 Pipes $ 1,800 .57 Each $ 1,800.57 $ - Parkway Drain No. 1 1 $ 3,374.83 Ea ch $ 3,374 .83 $ 3,374.83 Ca t c h B asins Catch Basin No . 300, W=3.5' $ 4,504.15 Each $ 4,504.15 $ - Catch Basin No. 300, W=?'-10' $ 5,067.17 Ea ch $ 5,067 .17 $ - Catch Basin No. 300, W=14' $ 6,193 .21 Each $ 6,1 93.2 1 $ - Catch Basin No. 300, W-17', 21' $ 7,882 .27 Each $ 7,882 .2 7 $ - Ca tch Basin No. 30 0, W=28' $ 9,008 .31 Eac h $ 9,008.3 1 $ - Catch Basin No. 30 1, W=7' W/1 Grate $ 5,630 .19 Each $ 5,630.19 $ - Catch Basin No. 301, W=1 0' W/1 Grate $ 6,756.23 Each $ 6,756.23 $ - Catch Bas in No. 301, W-14' W/1 G rate $ 7,319.2 5 Each $ 7,3 19.25 $ - Catch Bas in No. 301, W=14' W/2 G rate $ 8,445 .29 Each $ 8,445 .29 $ - Catch Bas in No. 301, W=2 1' W/2 Grate $ 10,134 .33 Each $ 10,1 34 .33 $ - Catch Basin No. 301 , W =28' W/2 Grate $ 12,386.42 Each $ 12,386.42 $ - Catch Bas in No . 301, W-21' W/3 Grates $ 12,386.42 Each $ 12,386.42 $ - Ca tc h Basin No . 301, W-28' WI 3 Grates $ 13,512.46 Each $ 13,512.46 $ - STREET IMPROVEMENT SUBTOTAL (A) $ 13,294.41 Item Qua n t i ty Un i t Cost Total Co s t >$50k Uni t Price <$50k Unit Pri ce Str eet Lights $ 16,398.61 Ea ch $ 16,398.61 $ STREET LIGH T ING SUBTOTAL (B) $ 13,294.41 GRAND SUBTO TAL (E) COST < $50 ,000 (Yes or No) Fe es Effective 07/0 1/2014 Page 2 of 3 Item Quantity Unit Cost Total Cost <$50k Unit Price Street Trees $ 562.48 $ $10 ,000 or less $10,001 to $100,000 100 001 & over $1,629 $2,948 478 + 26.37% over + 11 .70% over + 2.86% ove Revisions _to an already approved plan will require a fee in the amount of $335 per sheet, per submittal. Single lot grading encroachments that are submitted as part of refe rrals from Building and Safety Division TABLE 2: In spect ion Fee Calcu lation • Improvement Total (1, 0) Inspection Fee (J, P ) $1,62 5 or less $355 $1,626 to $20,000 $355 + 21 .57% over $20,001 to $100,000 $4,319 + 12.15% over $100,001 to $500,000 $14,039 + 6.42% over $500,001 & over $39,719 + 3 .37% over *Inspection fees are an estimated amount and subject to change. Please verify with Land Development Division's Permit Section upon request for permit issuance. Fees Effective 07/01/20 "14 $5 ,000 $10,000 100 000 $1,625 $20,000 $100,000 $50 0 000 Page 3 of 3 EXHIBIT "D" LIST OF TRACT MAP CONDITIONS OF APPROVAL NOT SATISFIED [To Be Inserted] ----------------------- SUBDIVISION IM PROVEMENT AGREEMENT R ESOLUTI ON 1 4-242 7 PC A RESOLUTION OF T H E PLANNING COMMISSION OF THE CI TY OF TEMPLE CITY APPROVING FILE 140000204, MAJOR SITE PLAN REVIEW AND TENTATIVE PARCEL MAP NO. 73046 TO SUBDIVIDE AND CONSTRUCT THREE CONDOMINIUM UNITS LOCATED AT 9703 GARIBALDI AVENUE IN THE R-2 ZONE . SECTION 1. The Plann ing Commission has cons idered all of the evidence submitted into the adm in istrative record wh ich includes but is not lim it ed to: 1. Reports and presen t ations of project related data and analysis prepared by the Community Development Department; and 2. The Temple City Mun icipal Cod e , Genera l Plan, Subdivision Map Act and all other appl icab le regulat ions and codes; and 3 . Public comments, bo t h written an d oral , received or submitted prior to the public hearing, s upport ing or opposing the applicant's request; and 4 . T e st imony and comm en ts submitted by the applicant and represen t atives in both w ritten and oral form at or prior to the public hearing; and 5 . All other related documents received o r submitted prior to the publ ic hearing. SECTION 2. Th is resolut ion is made with reference to the followi ng prefacing facts as more fully set forth in the administrative record : 1. On July 30, 2014 , the applicant submitted the application . 2 . On December 17 , 2014, the application was deemed complete . 3 . Notice of the January 13 , 2015 , Planning Commission public hearing was posted at the Council Chambers . 4 . Notice of the Planning Commission public hearing was publ ished in the newspaper at least te n (1 0) days prior to the hearing . 5. Notice of the Planning Commission public hearing was mailed to property owners within 300 feet of the property at least ten (1 0) days p rior to t he hearin g. 6 . Notice of the publ ic hearing satisfied the noticing requ irements set forth in Go v ernment Code Sections 65090 and 65091 . 7 . Th e project site is zoned R-2, Light Multiple Residential. 8. T he project s ite is des ig nated Me d ium Dens ity Res identia l by t he Genera l Pla n. ------_--_--_---_----------------------------------- Resolution 14-2427 PC File 14 0000204 9703 Garibaldi Avenue 9. The applica nt is proposing to construct three (3) detached condominium units. SECTION 3. Based on the public hearing for Fi le 1400000204 and pursuant to the required findings for a major s ite plan review, the Planning Comm ission makes the following findings: 1. The construction complies with all appl icable provisions of this Zoning Code. The proposed tentative parce l map is consistent with all applicable provisions in the Zoning Code which includes the standards of development for multi-family use in the R-2 zone. Therefore, the project meets this finding. 2. The construction is consistent with the General P lan , any applicable specific plan, and any special design theme adopted by the City for the site and vicinity. The proposed tentative parcel map is consistent with the Ge neral Plan in that the proposed project density is three units or 12 un its per acre and t he proposed use is a multi-family use which is consisten t with the medium density residential designation. Therefore , the project meets this finding. 3. The approval of the site plan review is in compliance with the California Environmental Quality Act (CEQA). The approval of the site plan review is in compliance with CEQA because it is categorically exempt by CEQA Section 15303 New Construction or Conversion of Small Structures and Section 15315 Minor Land Divisions. The re fore, the project meets this finding . 4. Th e proposed structures, signs, site development, grading and/or landscaping are compatible in design, appearance and scale, with exiting uses, development, signs, structures, and landscaping for the surrounding area. The three proposed units are compatible with the surround i ng neighborhood in that the units are designed to look like single-family residences with individual garages, driveways , front entr ies , fences, and yards. The project scale , orientation , and mate ri al quality is also compati ble with the surrounding ne ighborhood. Therefore, the pro ject meets this finding . 5. The site is adequate in size and shape to accommodate the proposed structures, yards, walls, fences, parking, landscaping, and other development features . The project site is 11 ,595 square feet and provides adequate area to support the proposed density of 3 units , required yard areas, parking requirements, and other development feat ures. Therefore, the project meets th is find ing . Page 2 of 12 Resolu tion 14-2427 PC F1le 140000204 9703 Gariba ld i Avenue SECTION 4. Based on the publi c hearing for File 1400000204 and pursuant t o the requ ired f indings for a te ntative parcel map , the Planning Commission must deny th e project if it can make any of the follow ing f indings of Secti on 66474 of the Subd ivision Map Act: 1. That the proposed map is not con sistent with applicable general and specific plans ; and The propose d ten tative pa rcel map to create three condom i nium units is con s istent w ith th e purpose of the Medium Dens ity Residential land use designation in the Ge neral Plan and meets t he maximum density requ irements . Theref ore , the project does not meet this fin ding. 2. That the design or i mp rov ement o f the proposed subd ivisio n is not consistent with appl ic ab le general and specific plans; and The proposed tentative parcel map t o create t hree co ndominium units i s cons istent with the zoning code and standards of develo pme nt in the R-2 zone. Therefore, the project does not meet this finding . 3. That the site is not physically suitable for the type of development; and The site is physically su itable for the creation of three condominium unit s and meets all the zoning requirements and developmen t standards of the R-2 zoning district. Therefore, the project does not meet this f i nding . 4. That the site is not physically suitable for the p ro posed density of development; and The project has a lot area of 11,595 square feet. The R-2 zoning d istrict allows for a maximum dens ity of 12 dwell ing units per acre , which would allow a ma ximum of three dwelling units on the site . The project proposes thre e un its . The project also meets all the zo ning requirements and deve lop ment standards of the R-2 zoning district. There fore , the site is physically suitable for t he proposed density of development and the project does not meet this f in di ng . 5 . That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; and The design of th e t entative parcel map does not cause environmental damage or inju re fis h or wildlif e because it is an infill de ve lop ment project. There are no existing envi ronmen ta l or w ildl ife condit ions that could potent ially be harmed by this project. Th is project is exempt from California En v ironmental Quality Act (CEQA) pursuant to Section 15303 fo r New Construction or Conversion of Small Pzge 3 of ·1 2 Resolut ion 14-2427 PC File 140000204 97 03 Garibaldi Avenu e Structures and Section 15315 f or Minor Land Divisions of the CEQA Guidelines. Therefore, the project does not meet thi s finding. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems; and The design of the subdivision is not likely to cause serious publ ic health prob lem s because it does not expose persons to health hazardous causes. Th erefo re, th e project does not meet this finding . 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements , for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision . A five-foo t conduit easement held by California -M ichigan Land and Water Company exists on the southerly edge of the property. T he p roj ect does not affect the easement. No structures are bu ilt within the easement. East Pasadena Water Company has no issues with the project and has confirmed its ability to provide water service. Therefore, the project does not meet this finding. SECTION 5. Th is project is f ound to have no significant effects upon the envi ro nm ent, and is Categorica lly Exempt from environmenta l review per CEQA Guideli nes Section § 15303 New Construction and Conve rsion of Small Structures and Section § 15315 Minor Land Div isio ns . SECTION 6. Accordingly , File 140000204 and TPM 73046 is approved, subject to t he following conditio ns : FINAL MAP REQUIREMENTS 1. Preparation of the final map(s) shall conform to the applicable portions of Sectio ns 66434-66443, and Sections 66456-66462 .5 of the State Subdivision Map Act (SMA) and loca l ordinances. 2. Note shall be included on the final map indicating that the map is approved as a res idential condo min i um developm ent fo r the to tal number of units. Fzge4 o f 1'2 Reso luti on 14 -24 27 PC F ile 140000204 9703 Garibaldi Aven ue 3. Th e final map shall be ce rt ifi ed by or prepared unde r th e d irection of a reg ist ered ci vil eng i neer licensed bef ore January 1, 1982 or by a lice nsed land su rv eyor and ap proved by the City pr ior to being filed w it h the Los Ange les County Reco rder. 4. If sig natures of record t itle interests appear on t he final map , submit a prel iminary title guarantee. A final guarantee will be required at the time of filing of the final map w ith the County Recorder. If said signatures do not appear on t he final map , a prelim inary title report/guarantee dated within 6 months sha ll be subm itted that covers the area show ing all fee owners and interest owners. The account for th is preliminary title report/guarantee shou ld remain open until the final map is fi led w ith the County Recorder. 5. In accordance w ith Calif ornia Government Code Sections 66442 and/or 66450 , documentation shall be provided indicating the mathemat ical accuracy and survey analysis of the final map and the correctness of all certificates . A record of survey recorded by the County Recorder shall be provided. The record of survey i ncluding desc riptions of all monuments , property lines , and boundaries shall be noted on t he f inal map. 6 . Monumentation of ma p boundaries, street centerlines, and lot boundaries is required if the map is based on a field survey i n accorda nce with SMA 66495 and 66496 . 7. If applicable, show and call ou t all ex isting general and spec ific on-site public and private easements with names of the ho lders, docume nt numbers and recorded dates . Label all easements as "to remain ", "to be relocated " or "to be abandoned ". If an easement is to be abandoned , ind icate the proposed t im ing of the abandonment. If the re are no exist ing on-site public and private easements, add the annotation "No existing on-site public and private easements" on the tentative map . 8 . Easements shall not be granted or recorded within any area p roposed to be dedicated , offered for dedication, or granted for use as a public street, alley, h ighway , right of access , building restriction, or other easements until after the fina l map is approved by the City and filed with the County Recorder; unless such easement is subordinated to the proposed dedication or grant. If easements are granted after the date of tentative approval , a subordination shall be executed by the easement holder prior to the filing of the final map . 9 . All public easements or easements of utility companies governed by the California P ublic Utilities Comm ission that are noted on the f ina l map or parce l map shall require submittal of a ut ility letter (SMA 66436). Pags 5 of 12 Resolution 14-2427 PC File 14 0000204 9703 Garibaldi Avenue PLANNING 10 . Prior to approval of the final map, the following shall be submitted to and approved by the City of Templ e Ci ty unles s specifically waived : a. Subdivision I mprovement Agreement b. Public Improve ment Estimates and Surety Bonds c . Covenants, Con ditions, a nd Restrictions d . fina l map e . Subdivision Architectural Plans, Site Plans, and attachments thereto f. Landscape and Irri gat ion Plan 11 . The subdivision shall be in substantial co mplian ce with the tentative parcel map and architectural plans date sta mped Dec em ber 17, 2014. Future development pla ns will comply with the zoning and design rev ie w stand ards at t he t ime of submittal. 12 . A lan dscape plan shall be reviewed and approved by t he Community Development Department prior to the is suance of building permits. Sa id p lan shall include a minimum of two (2) 24 " box specimen trees per unit on each individual property . 13. The Park Deve lopment Fee of $500/unit shall be paid to t he City of Temple City prior to the issuance of b uild ing permits for any new construction . 14.1f the subdiv ision is in the R-2, R-3 , or RPD zones , the subd ivider sha ll pay a Sewer Reconstruction Fee of $2,500/unit up to three (3) units or $25,000/multi-fami ly project for four (4) units or more to the City of T emple City prior to the final map recordation . 15 . The appl icant/property owner shall maintain the subject property free of weeds, debris, trash, construction material(s), construction equipment, or any other offensive , unhealthful and dangerous material until the proj ect is completed . If after five (5) days notice by certified mail , the applicant/property owner does not comply with the afore-mentioned criterion, the City Co unci l may either cancel the tentative map, bu ilding perm its , etc . and/or enter the subject property with City forces and re move all subject violations, bill the applicant and/or put a lien on the su bject property. 16. During construction , noise shall not exceed t he limits of the City's noise ord inance . During any demolition and/or construction. noise will be controlled by limiting work on the site to 7 :00 a .m. through 6 :00 p .m ., Monday through Saturday and by requ iring all trucks and motorized equipment to have proper operating muffl ers . No con st ruc t ion work shall occur on Sunday. 17. At the ti me of issua nce of a b ui ld i ng perm it, the subdivide r agrees to develop the property in conformance w ith the submitted plan s, t he City code and other Pa ge 6 of 12 Resolution 14-2 427 PC File 14 00 00204 9703 Garibaldi Av en ue ap propriate ordin ances s uch as t he Bui lding Code , Plumbin g Code, Grad ing Ordinance, High way Permit Ordinance, Mecha ni ca l Cod e , Zo nin g Ordin ance , Undergrounding of Utiliti es Ordinanc e, Water Ord inance, San itary Se wer and Industrial Waste Ord inance, Electrical Code , and Fire Code . LAND DEVELOPMENT AND ENGINEERING 18 . Pr ior to approval of the final map , subm it to the La nd De ve lopment/En g ine erin g approval and will-serve letters from the f ollowi ng agenc ies and provide rs: a. Los Angeles County Fire Department Land Development b . Los Angeles County Sanitation District c. Water purveyor company d . The Gas Company e . Southern California Edison f. Athens Services g . School District 19. Prior to the approval of a final map, the f oll ow ing shall be su b mitted an d a pprove d by Land Developmen t/Engineering un less spec ifically w aived: a. Drainage/Grading Plan b . Standard Urban Stormwater Mitigation Plan (SUS MP) c. Storm Water Pollution Prevention Plan (SWPPP) d . Hydrology study e . Sewer capacity study f . Utility plan , street lighting plan g . Preliminary soils report h . Liquefact ion report 20 . Prior to approval of the final map or the issuance of g radi ng perm its and bu ilding permits. a precise grading and drainage plan must be submitted and approved to: a . Eliminate sheet overflow and pend ing . b . Demonstrate that the site will be free of flood hazard. c. Provide for contri butory drainage from adjo ining prop e rties . d. Provide for the proper distribution of drainage. e . Provide for issuance of encroachment permits from the County of Los Angles Flood Control district allowing for the project's storm drain connect ion and acceptance of storm water fl ows into the Eaton Wash . f . Provide for issuance of posting a bond for the perimeter block wa ll. 2 1. A geotechnical and so i ls investig ation report is requ i red , the dut ies of the soils eng ineer of reco rd , a s indicated on th e fi rst sheet of the approved p lans , shall inclu de the follo wi ng: a. Observ ation of cle ared areas and benches p repared to rece ive fill. b. Observa t i on of th e removal of all unsuitable soils and other materials . Pag e 7 cf 12 ----------------------------------------------- Res olu tion 14 -2427 PC File 14000020 4 9703 Gar ibald i Avenue c. The approval of soils to be used as fi ll material. d . Inspection of co mpact ion and placement of f ill. e. The testin g of compacted fills . f . The inspection of drainage devices. 22 . The owner shall re tain the soils engi neer preparing the Prel i m inary So il s and/or Geote chnical Investigation accepted by the City for observation of all grad in g , s ite prepa rat ion , and compaction testing . Observation and te sting shall not be performed by another soils and/or geotechnical engineer unless th e subsequent soils and/or geotechnical engineer submits and has accepted by the Public Works Department, a new Preliminary Soils and/or Geotechnical Investigation . Prio r to permit issuance the PDF copy of the soils report shall be p rovided by the applica nt. 23. Bu il d in g permits will not be issued until the property has be en surveyed and the boundaries marked by a land surveyor licensed by the State of Ca lifornia. Foundation inspection shall not be made until the excavation and footings have been surveyed and determined to be in accordance with the approved plans by a land surveyor l icensed by the State of California. 24 . The subdiviso n shall comply with all requirements of the Na ti o nal Pollutant Discharge Elimination System (NPDES) prior to issuan ce of demolition. grading, and bui lding permits. These include req uirem ents for sediment contro l. erosion con trol, and construction activities contro l to be implemented on the project site . 25 . Prior to pulling building permits, the app li cant shall subm it f or approval from La nd Deve lo pment/Engineeri ng a utility plan indicating locations of all utility lines and service con nectors. Pu b lic utility lines includ ing sewe r, water . gas , electricity and data shall be placed in an underground common util ity trench whenever possible on - site and shall comply with Land De velopment/Engi neering requirements. 26 . Construct or bond for a water system with appurtenant facilities to serve all buildings in the land division as required by the Los Angeles County Fire Department (LACF D) p rio r to recordation of the final map . Water mains shall be sized to accommodate the total domestic and fire flows. 27 . Project shall comply w ith the CaiGreen Residential requirements . 28. A parcel map shall be processed prior to the issuance of a build in g permit. PUBLIC IMPROVEMENTS Separate plans fo r improvements within the public right-of-way are not required . However, prior to issuan ce of a bui ld ing and/or grading perm it, all necessary improvement s w ithin t he publ ic ri gh t-of-way shall be shown on bu ilding or gra ding P2ge 8 of 12 Resolu ti on 14-242 7 PC File 14 0000204 9703 Garibaldi Av enue plans in accordance w ith estab li shed City standa rds or as directed by the City Eng ineer and/or his/her designee. The following are required for off-site improvements. The City Engineer may accept payment of in-l ieu fees in lieu of the applicant comple t ing some or all of the off- site improvements. 29 .1nstall new curb ramp at northeast corner of Gari ba ldi Avenue and Kauffman Avenue in accordance with SPPWC Standard Plan 110-2 , and as directed by the City Engineer or his/her designee . 30 .1nstall new driveway approach in accordance with SPPWC Standard Plan 110 -2 , and as directed by the City Engineer or his/her designee. 31 .1nstall new concrete sidewalk and landscaping along the length of the property frontage in accordance with SPPWC Standard Plan 113 -2 , cons istent with the property located at the southeast corner of Garibaldi Avenue and Kauffman Avenue and as directed by the City Engineer and/or his/her designee. 32 . Remove and replace broken and off grade curb and gutter along the length of the property frontage in accordance with SPPWC Standard Plan 120-2, and as directed by the City Engineer or his/her designee . 33 . Rehabilitate existing AC street pavement along the length of the property frontage to the centerli ne of the street as indicated below, and as directed by the City Engineer or his/her designee: a . Grind existing pavement to a depth of 2" and overlay new AC . 34. Underground all services to the property . 35 . Keep existing street light on Kauffman Avenue in place. FIRE PROTECTION 36 . Fire Department apparatus access shall be extended to within 150 feet of all portions of the exterior walls of any future buildings or structures. Verification for compliance will be performed during the architectural plan review prior to building permit iss uance . 37 .Access as noted on the Tentative and the Exhibit Maps shall comply w ith Title 21 (Coun ty of Los Ange le s Subd ivision Code) and Section 503 of T it le 32 (County of Lo s Angeles Fi re Code), w hich require s all w eat her access . Pzge 9 of 12 Resolution 14-2427 PC File 140000204 9703 Garibaldi Avenue 38 .AII futu re buildings shall provide approved address numbers. Compl iance required prior t o occupancy to the satisfacti on of t he Department of Publi c Wo rk s and the County of Los Angeles Fire Code . 39. The final map shall be submitted t o the Fire Department for rev iew and approva l prior recordation . 40 .AII hydra nts shall measure 6 " x 4" x 2-1/2" brass or bronze . conform ing t o cu r rent AVWVA standard C503 or approved equal. 41 . The requi re d f ire flow for the public fire hydra nt s for this residentia l development is 1,250 gallons pe r minute at 20 psi for a duration of 2 hours, over and ab ove ma xim um daily domestic demand. 42. Vehicular access must be provided and maintained serv iceab le thro ugh o ut construction to all required fire hydrants . Al l requ i red fire hydrants sh all be installed, tested , and accepted prior to construction . 43. Additiona l water system requirements wi ll be required when thi s la nd is furthe r su bdivided and/or during the bu ilding permit process. 44 . All propos e d structures shall be equipped with automatic fire sprinkler systems that are designed and maintained in accordance wit h NFPA 13. SPECIAL REQUIREMENTS 45 . The building construction plans on each lot shall i nclude a blu e-lin e sheet(s) showing each page of this reso lut ion, including all conditions of approval contained he re in. 46 . A ll existing stru ctures on the subject site shall be removed prior to rec ordat ion of the final map . 47 . No building permits shall be issued until th e fi nal map has been reco rded . Demol ition perm its for site clearance , if applicable, must be finaled pr ior to fina l map and grad ing pe rmits may also be issued after te ntati ve map approva l. 48 .1n co mpleting the dra inage and/or grading p lan , the Planning Commi ssion shall rev ie w, at a notice d public hea ring , any proposed dra inage plan if more tha n 12 inche s of fill is proposed on th e subject property . 49 . There shall be installed a sepa rate water, gas , and electri c meter for each dwell ing un it, as we ll as a sepa rate meter for common irrigation , if applicable . 50. Proof of Tax clearance shall be provided at the t ime of f i nal map rev iew submittal. P2ge 10 of 12 Resolution 14-2427 PC File 140000204 97 03 Ganbaldi Avenue 51. Prior to iss uance of Ce rtifi cate of Occupancy , building address numbers shall be approved the City and submitted to LACFD . 52 . Upon submittal of the fina l map for review by the City , a letter signed by both the subdivider a nd the engineer shall be provided wh i ch indicates that these individua ls agree to submit five (5) blueprints and one sep ia mylar of the recorded map t o the City Public Works Division . 53. The conditi ons of approval contained in this Resolution may be enf orced by the Sheriffs Office as well as City staff. Any v iolation of any condition is a misdemeanor and may be processed directly by criminal complaint. 54 . That this tentative map shall exp ire 24 months from the date of approva l. If the final map is not to be recorded prior to the expiration date , the subdivider may apply in writing t o the Commun ity Development Director at least forty (40) days before the expiration date for an extension of time on the approval of the map. The Map may be exte nded for up to five (5) years from the date of approval , at the d iscretion of the granting body . Page 11 of 12 I L_ Res olutio n 14-2427 PC File 140000204 97 03 G anbaldi Aven ue SECTION 7. The Secretary shall certify to the ad opti on of this Reso l uti on . I hereby certify that the f o re going Resol uti on was adopted by the Planning Commiss ion of th e City of Temp le City at a regular meeting held on the 131h of January, 2015 , by the following vote : AYES: NOES : ABSENT: ABSTAIN : Commissioner-C urra n , O 'Leary, Cordes, Le ung Commissioner- Commissioner- Commissioner- ------------------- Page 12 of 1'2 ATTACHMENT B SCALE: 1" = 30' SH EET 4 OF 5 SHEETS PARCEL 1 OF PARCEL MAP NO. 73046 CONDOMINIUM PLAN PROJECT BOUNDARIES: Parcel l of Parcel Map No. 73 046, in the City of Temple City, th e County of Los Angeles, State of California, a s per m ap recorde d in Bo ok Pages_ and_ of Parce l Maps, in the Offi ce o f the County Record e r of s aid County. 30' z <t: ~ ~ ~ ;:J <t: 30 ' 30~ t· 30' ,...... ~I • T HE N'LY LINE OF PARCEL 1 OF PARCEL MAP NO. 73 046, P.M.B. 0 ('() 1 lt604 S .F. ~I ~1 OlO'O_O_" E--r.@- GARIBALDI 0 ('() AVENUE 0 ('() SCALE: 1" = 20' SH EET 5 OF 5 S HE ETS PARCEL 1 OF PARCEL MAP NO. 73046 CONDOMINIUM PLAN THE N 'L Y LINE O F P ARCEL 1 OF PARCEL MAP NO. 73046, P .M.B . . , N 81 o 09'50" E 89.98' in in 0\ 0'! oci 00 N N .-< .-< w 00 U -61 10 0 \0 I': ,_..) ;:J ~ 3,954 S.F. 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