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HomeMy Public PortalAboutPlanning Commission Resolution 17-2503 PC 4923 Hallowell AvenueCity of Temple City Resolution 17-2503 PC File No. PL 16-485 4923 Hallowell Avenue, Tentative Parcel Map 73185 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY APPROVING FILE 16-485 FOR TENTATIVE PARCEL MAP NO. 73185 TO BE EXTENDED BY 12 MONTHS. THE PROJECT IS A FLAG LOT SUBDIVISION FOR THE PROPERTY LOCATED AT 4923 HALLOWELL AVENUE. SECTION 1. The Planning Commission has considered all of the evidence submitted into the administrative record which includes but is not limited to: 1. Reports and presentations of project related data and analysis prepared by the Community Development Department; and 2. The Temple City Municipal Code, General Plan, Subdivision Map Act and all other applicable regulations and codes; and 3. Public comments, both written and oral, received or submitted prior to the public hearing, supporting or opposing the applicant's request; and 4. Testimony and comments submitted by the applicant and representatives in both written and oral form at or prior to the public hearing; and 5. All other related documents received or submitted prior to the public hearing. SECTION 2. This resolution is made with reference to the following prefacing facts as more fully set forth in the administrative record: 1. On November 24, 2014, the applicant submitted the application. 2. On May 27, 2015, the application was deemed complete. 3. Notice of the June 23, 2015, Planning Commission public hearing was posted at the Council Chambers. 4. Notice of the Planning Commission public hearing was published in the newspaper at least ten (10) 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 (10) days prior to the hearing. Resolution 17-2503 PC File 16-485 4923 Hallowell Avenue 6. Notice of the public hearing satisfied the noticing requirements set forth in Government Code Sections 65090 and 65091. 7. On June 23, 2015, the Planning Commission conducted a public hearing and approved Tentative Parcel Map No, 73185. The approval granted a two-year life with the expiration set as June 23, 2017. 8. On May 15, 2017, the City received the application requesting a time extension for the approved tentative map. The case was subsequently scheduled for July 11, 2017 Planning Commission meeting. 9. Notice of the July 11, 2017, Planning Commission public hearing was posted at the Council Chambers. 10. Notice of the Planning Commission public hearing was published in the newspaper at least ten (10) days prior to the hearing. 11. Notice of the Planning Commission public hearing was mailed to property owners within 300 feet of the property at least ten (10) days prior to the hearing. 12. Notice of the public hearing satisfied the noticing requirements set forth in Government Code Sections 65090 and 65091. 13. The project site is zoned R-1, Single Family Residential 14. The project site is designated Low Density Residential by the General Plan. 15. The applicant is proposing to subdivide the property into two parcels and in the configuration defined as a flag lot subdivision by the Zoning Code. SECTION 3. Based on the public hearing for File No. 16-485 and pursuant to the required findings for a tentative parcel map, the Planning Commission must deny the project if it can make any of the following findings of Section 66474 of the Subdivision Map Act: 1. That the proposed map is not consistent with applicable general and specific plans; and The proposed map is consistent with the zoning designation of the Zoning Code and the General Plan. The site is zoned for single family residential developments and the proposed subdivision will result in two single-family residential lots. The Page 2 of 14 Resolution 17-2503 PC File 16-485 4923 Hallowell Avenue proposed density is 5.9 lots per acre, complying with the maximum density of six lots per acre allowed by the General Plan. Therefore, the project does not meet this finding. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans; and The improvement of the proposed subdivision will be consistent with applicable general and specific plans. The existing improvement on the front parcel will be modified to comply with all current development standards of the Zoning Code. There is no structural improvement proposed for the rear parcel. Any future improvement on that parcel will be subject to all applicable development standards at the time of the submittal. 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 suitable for two single-family developments. The topography of the land is fairly flat and the dimension as well as the land area are both adequate for the creation of two parcels according to the provisions of the Zoning Code. Therefore, the project does not meet this finding. 4. That the site is not physically suitable for the proposed density of development; and The proposed density is 5.9 units per acres, complying with the six units per acre designated by the General Plan. Therefore, the project does not meet this finding. 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 the subdivision will not cause environmental damage or injure fish or wildlife as the site is located in a fully urbanized region. There are no existing environmental conditions or wildlife that could potentially be harmed by the project. Pursuant to the California Environmental Quality Act (CEQA), the project is exempt under the provisions of Section 15315 (Minor Land Divisions) of the CEQA Guidelines. Therefore, the project does not meet this finding. Page 3 of 14 Resolution 17-2503 PC File 16-485 4923 Hallowell Avenue 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 public health problems because it has no potentials to expose persons to health hazardous causes. Future construction activities will be temporary and will be governed under the City's Noise Ordinance as well as Building Code for a mitigated impact. Therefore, the 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. The City Engineer has reviewed all public and private easements currently exists on the site. The design of the project will not affect any existing public easements. Any future easement dedications after the approval of the tentative map is required to be reviewed by the City Engineer, and if applicable, to be subordinated to the public easement(s). Therefore, the project does not meet this finding. SECTION 4. This project is found to have no significant effects upon the environment, and is Categorically Exempt from environmental review per CEQA Guidelines, Section §15315 (Minor Land Divisions). SECTION 5. Accordingly, File 16-485 and TPM 73185 are approved, subject to the following conditions: Page 4 of 14 Resolution 17-2503 PC File 16-485 4923 Hallowell Avenue FINAL MAP REQUIREMENTS 1. Preparation of the final map(s) shall conform to the applicable portions of Sections 66434-66443, and Sections 66456-66462.5 of the State Subdivision Map Act (SMA) and local ordinances. 2. Note shall be included on the final map indicating that the map is approved as a minor land division for the total number of two parcels. 3. The final map shall be certified by or prepared under the direction of a registered civil engineer licensed before January 1, 1982 or by a licensed land surveyor and approved by the City prior to being filed with the Los Angeles County Recorder. 4. If signatures of record title interests appear on the final map, submit a preliminary title guarantee. A final guarantee will be required at the time of filing of the final map with the County Recorder. If said signatures do not appear on the final map, a preliminary title report/guarantee dated within 6 months shall be submitted that covers the area showing all fee owners and interest owners. The account for this preliminary title report/guarantee should remain open until the final map is filed with the County Recorder. 5. In accordance with California Government Code Sections 66442 and/or 66450, documentation shall be provided indicating the mathematical 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 including descriptions of all monuments, property lines, and boundaries shall be noted on the final map. 6. Monumentation of map boundaries, street centerlines, and lot boundaries is required if the map is based on a field survey in accordance with SMA 66495 and 66496. 7. If applicable, show and call out all existing general and specific on-site public and private easements with names of the holders, document numbers and recorded dates. Label all easements as "to remain", "to be relocated" or "to be abandoned". If an easement is to be abandoned, indicate the proposed timing of the abandonment. If there are no existing on-site public and private easements, add the annotation "No existing on-site public and private easements' on the tentative map. Page 5 of 14 Resolution 17-2503 PC File 16-485 4923 Hallowell Avenue 8. Easements shall not be granted or recorded within any area proposed to be dedicated, offered for dedication, or granted for use as a public street, alley, highway, right of access, building restriction, or other easements until after the final 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 Public Utilities Commission that are noted on the final map or parcel map shall require submittal of a utility letter (SMA 66436). PLANNING 10. The applicant and property owners, and their successors in interest, shall indemnify and defend the City of Temple City and its officers, employees and agents from and against all liability and costs relating to the City's actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City's actions or decisions in connection with this project. The City shall have the sole right to choose its counsel and property owners shall reimburse the City's expenses incurred in its defenses of any lawsuit challenging the City's actions concerning this project. 11. Prior to the issuance of building permits and/or commencement of the final map process, the owner shall abate Municipal Code violations existed on the site, which include making the site free of debris, removing inoperable vehicles, demolishing unpermitted structures, and etc. The City shall be authorized to enter upon and inspect the property for compliance. 12. Prior to approval of the final map, the following shall be submitted to and approved by the City of Temple City unless specifically waived by the Community Development Department: a. Public Improvement Estimates and Surety Bonds b. Final Map c. Landscape and Irrigation Plan 13. The subdivision shall be in substantial compliance with the tentative parcel map and Page 6 of 14 Resolution 17-2503 PC File 16-485 4923 Hallowell Avenue improvement plans submitted on November 24, 2014. Future development for any of the parcels is required to comply with all applicable zoning and design review standards at the time of submittal. 14. Prior to final map recordation, the applicant shall obtain a permit to demolish the existing garage and place a security deposit with the City for a new garage to be constructed on the front parcel. The amount of the deposit shall be the estimated full cost of constructing a new driveway and a two -car garage, as determined by the Building Official in consultation with the applicant. The Building Official and Administrative Service Director shall not release the deposit until building permits are finaled. The construction of a new garage shall commence within one year after the map recordation. The applicant agrees that the City reserves the power of using the deposit for the purpose of enforcing the City's off-street parking standard if the property owner, current or future, fails to do so. 15. Prior to final map recordation, the applicant shall obtain permit for the modification of the southerly side yard setback on the front parcel. Such modification shall be finished and the permit be finalized before recording the final map. 16. A landscape plan shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. Said plan is required to preserve the existing mature trees to the extent possible. Each parcel shall be provided with two mature trees at a minimum of two (2) 24" box including any existing tree to be preserved. In addition, sunken landscaping shall be provided along the sides of the driveway portion of the flag lot, provided that they will not hinder the fire lane clearance required by the Fire Department. 17. A block wall of six (6) feet in height shall be provided around the northerly and westerly perimeters of the site, and along the common property line except within the front yard areas of the proposed parcels. In the 20 -foot front setback area the maximum height shall be 36 inches, or 42 inches for a non -view obscuring fence. Any existing block wall may be retained in lieu of providing a new block wall orfence, subject to review and approval by the Community Development Department. A building permit shall be obtained for the construction of any new block wall; 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 adjacent to property lines shall be designed in such a way that it does not hinder natural sheet flow or cross -lot drainage. Page 7 of 14 Resolution 17-2503 PC File 16-485 4923 Hallowell Avenue 18. The Park Development Fee of $500/unit shall be paid to the City of Temple City prior to the issuance of building permits for any new construction. 19. The applicant/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 project 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 Council may either cancel the tentative map, building permits, etc. and/or enter the subject property with City forces and remove all subject violations, bill the applicant and/or put a lien on the subject property. 20. During construction, noise shall not exceed the limits of the City's noise ordinance. During any demolition and/or construction, noise will be controlled by limiting work on the site to 7:00 a.m. through 6:00 p.m., Monday through Saturday and by requiring all trucks and motorized equipment to have proper operating mufflers. No construction work shall occur on Sunday. 21. At the time of issuance of a building permit, the subdivider agrees to develop the property in conformance with the submitted plans, the City code and other appropriate ordinances such as the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utilities Ordinance, Water Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, and Fire Code. LAND DEVELOPMENT AND ENGINEERING 22. Prior to approval of the final map, submit to the Land Development/Engineering approval and will -serve letters from the following agencies and providers: 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 Page 8 of 14 Resolution 17-2503 PC File 16-485 4923 Hallowell Avenue 23. Prior to the approval of a final map, the following shall be submitted and approved by Land Development/Engineering unless specifically waived: a. Drainage/Grading Plan b. Standard Urban Stormwater Mitigation Plan (SUSMP) 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. Liquefaction report 24. Prior to approval of the final map or the issuance of grading permits and building permits, a precise grading and drainage plan must be submitted and approved to: a. Eliminate sheet overflow and ponding. b. Demonstrate that the site will be free of flood hazard. c. Provide for contributory drainage from adjoining properties. 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 connection and acceptance of storm water flows into the Eaton Wash. f. Provide for issuance of posting a bond for the perimeter block wall. g. Minimize change in the existing grade unless warranted by the grading and drainage design. To the minimum, the existing grade along the perimeters of the site shall be maintained to the extent possible. 25. A geotechnical and soils investigation report is required, the duties of the soils engineer of record, as indicated on the first sheet of the approved plans, shall include the following: a. Observation of cleared areas and benches prepared to receive fill. b. Observation of the removal of all unsuitable soils and other materials. c. The approval of soils to be used as fill material. d. Inspection of compaction and placement of fill. e. The testing of compacted fills. f. The inspection of drainage devices. 26. The owner shall retain the soils engineer to prepare the Preliminary Soils and/or Geotechnical Investigation, accepted by the City, for observation of all grading, site preparation, and compaction testing. Observation and testing shall not be performed by another soils and/or geotechnical engineer unless the subsequent Page 9 of 14 Resolution 17-2503 PC File 16-485 4923 Hallowell Avenue soils and/or geotechnical engineer has submitted and accepted by the Public Works Department a new Preliminary Soils and/or Geotechnical Investigation. Prior to permit issuance the PDF copy of the soils report shall be provided by the applicant. 27. Building permits will not be issued until the property has been surveyed and the boundaries have been marked by a land surveyor licensed by the State of California. 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 licensed by the State of California. 28. The subdivison shall comply with all requirements of the National Pollutant Discharge Elimination System (NPDES) prior to issuance of demolition, grading, and building permits. These include requirements for sediment control, erosion control, and construction activities control to be implemented on the project site. 29. Separate address shall be assigned for each lot. An application to assign addresses shall be filed with Building Division prior to plan check submittal and final map submittal. 30. South Coast Air Quality Management District must be contacted prior to any demolition or renovation. Call(909) 396-2000 for further information. Failure to comply with the provisions of Rule 1403 may result ina penalty of up to $25,000 per day. 31. The project shall comply with all applicable standards contained in the City's Low Impact Development Standards. PUBLIC IMPROVEMENTS Separate plans for improvements within the public right-of-way are not required. However, prior to issuance of a building and/or grading permit, all necessary improvements within the public right-of-way shall be shown on building or grading plans in accordance with established City standards or as directed by the City Engineer and/or his/her designee. The following are required for off-site improvements. The City Engineer may accept payment of in -lieu fees in lieu of the applicant completing some or all of the off-site improvements. Page 10 of 14 Resolution 17-2503 PC File 16-485 4923 Hallowell Avenue 32. Close the existing driveway and install one new driveway approach for parcel one in accordance with SPPWC Standard Plan 110-2, and as directed by the City Engineer or his/her designee. 33. Remove and replace broken and off grade curb and gutter in accordance with SPPWC Standard Plan 120-2, and as directed by the City Engineer or his/her designee. 34. Relocate water meter from the existing location to outside of the proposed driveway approach as directed by the City Engineer or his/her designee. 35. If a new electric meter is installed or the existing meter is relocated the service shall be placed underground. 36. The owner shall make a 10 foot wide offer of dedication to the City for street and highway and public utility purposes of installing sidewalks and a parkway per the City's standards. The public improvements for Hallowell Avenue required by these conditions are not to be constructed by the owner at this time. The offer of dedication will be rejected by the City until such time as the improvements are constructed and the dedication is accepted. The offer of dedication to remain as open pursuant to Subdivision Map Act Section 66477.2. The offer shall be made by execution of a grant deed or on the final parcel map. 37. Pay in lieu fee to install new concrete sidewalk along the length of the property frontage. 38. Pay in lieu fee to rehabilitate existing AC street pavement along the length of the property frontage to the centerline of the street. 39. The applicant shall pay in lieu fees in the amount of $10,900 to the City for the required improvements as required on conditions item number 6 and 7. City will use the in -lieu fees in the future for street rehabilitation and enlargement as necessary. FIRE PROTECTION 40. All on-site Fire Department Vehicular access roads shall be labeled as "Private Driveway and Fire Lane' on the site plan along with the widths clearly depicted on Page 11 of 14 Resolution 17-2503 PC File 16-485 4923 Hallowell Avenue the plan. Labeling is necessary to assure the access availability for Fire Department use. The designation allows for appropriate signage prohibiting parking. 41. Fire Department vehicular access roads must be installed and maintained in a Serviceable manner prior to and during the time of construction Fire Code 501.4). 42.All fire lanes shall be clear of all encroachments, and shall be maintained in accordance with the Title 32, County of Los Angeles Fire Code. 43. The Fire Apparatus Access Roads and designated fire lanes shall be measured from flow line to flow line. 44. Provide a minimum unobstructed width of 20 feet, exclusive of shoulders and an unobstructed vertical clearance "clear to sky' Fire Department vehicular access to within 150 of all portions of the exterior walls of the first story of the building, as measured by an approved route around the exterior of the building (Fire Code 503.1.1 &503.2.1). 45. The dimensions of the approved Fire Apparatus Access Roads shall be maintained as originally approved by the fire code official (Fire Code 503.2.2.1) 46. Fire Apparatus Access Roads shall be designed and maintained to support the imposed load of fire apparatus weighing 37 1/3 tons, and shall be surfaced so as to provide all-weather driving capabilities. Fire apparatus access roads having a grade of 10 percent or greater shall have a paved or concrete surface (Fire Code 503.2.3). 47. Provide approved signs or other approved notices or markings that include the words "NO PARKING -FIRE LANE". Signs shall have a minimum dimension of 12 inches wide by 18 inches high and have red letters on a white reflective background. Signs shall be provided for fire apparatus access roads, to clearly indicate the entrance to such road, or prohibit the obstruction thereof and at intervals. As required by the Fire Inspector (Fire Code 503.3). 48. A minimum 5 -foot wide approved firefighter access walkway leading from the fire department access road to all required openings in the building's exterior walls shall be provided for firefighting and rescue purposes (Fire Code 504.1). 49. Fire Apparatus Access Roads shall not be obstructed in any manner, including by the parking of vehicles, or the use of traffic calming devices, including but not Page 12 of 14 Resolution 17-2503 PC File 16-485 4923 Hallowell Avenue limited to, speed bumps or speed humps. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times (Fire Code 503.4). 50.Approved building address numbers, building numbers or approved building identification shall be provided and maintained so as to be plainly visible and legible from the street fronting the property. The numbers shall contrast with their background, be Arabic numerals or alphabet letters, and be a minimum of 4 inches high with a minimum stroke width of 0.5 inch (Fire Code 505.1). 51. All Fire hydrants shall be measured 6'x4"x2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal, and shall be installed in accordance with the County of Los Angeles Fire Department Regulation 8. 52. All required Public fire hydrants shall be installed, tested, and accepted prior to Beginning construction (Fire Code 501.4). 53. Fire Flow: the required flow for the public fire hydrants for single family residential homes less that a total square footage of 3,600 feet is 1,250 gpm at 20 psi residual pressure for 2 hours with one public fire hydrant flowing. Any single family residential home with 3,601 square feet or greater shall comply with Table 8105.1 of the Fire code in Appendix B. 54. The fire flow is adequate for this project per the Fire Flow Test Performed by the golden State Water Company on 1/10/2014. SPECIAL REQUIREMENTS 55. The building construction plans on each lot shall include a blue -line sheet(s) showing each page of this resolution, including all conditions of approval contained herein. 56. There shall be installed a separate water, gas, and electric meter for each dwelling unit, as well as a separate meter for common irrigation, if applicable. 57. Proof of Tax clearance shall be provided at the time of final map review submittal. 58. Prior to issuance of Certificate of Occupancy, building address numbers shall be approved the City and submitted to LACFD. 59. Upon submittal of the final map for review by the City, a letter signed by both the subdivider and the engineer shall be provided which indicates that these Page 13 of 14 Resolution 17-2503 PC File 16-485 4923 Hallowell Avenue individuals agree to submit five (5) blueprints and one sepia mylar of the recorded map to the City Public Works Division. 60. The conditions of approval contained in this Resolution may be enforced by the Sheriff's Office as well as City staff. Any violation of any condition is a misdemeanor and may be processed directly by criminal complaint. 61. That this tentative map shall become expired on June 23, 2018. If the final map is not to be recorded prior to the expiration date, the subdivider may apply in writing to the Community Development Director at least forty (40) days before the expiration date for an extension of time on the approval of the map. The Map may be extended for up to five (5) years from the date of approval, at the discretion of the granting body. SECTION 6. The Secretary shall certify to the adoption of this Resolution. Chairman City Attorney I hereby certify that the foregoing Resolution was adopted by the Planning Commission of the City of Temple City at a regular meeting held on the 11th of July, 2017, by the following vote: AYES: Commissioner- Cordes, Haddad, Lee, O'Leary, Marston NOES: Commissioner- None ABSENT: Commissioner- None ABSTAIN: Commissioner- None (14�xy Sfcretar/ Page 14 of 14