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.
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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
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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.
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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:
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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
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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/
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