HomeMy Public PortalAboutCommunity Development Director Resolution 18-0012 CDD 10912 Freer StreetCity of Temple City
Resolution 18-0012 CDD
File 17-948
Address: 10912 Freer Street
A RESOLUTION OF THE TEMPLE CITY COMMUNITY DEVELOPMENT
DIRECTOR APPROVING A MAJOR SITE PLAN REVIEW FOR THE
DEVELOPMENT OF TWO DWELLING UNITS AT 10912 FREER STREET.
SECTION 1. The Community Development Director 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 at or prior to the
public hearing; 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 at or 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 September 12, 2017, the applicant submitted the application.
2. On December 21, 2017, the application was deemed complete.
3. Notice of the Community Development Director's public hearing was mailed to
property owners within 300 feet of the property at least ten (10) days prior to the
hearing.
4. Notice of the public hearing satisfied the noticing requirements set forth in
Government Code Sections 65090 and 65091.
5. The project site is zoned R-2, Light Multiple Family.
Resolution No. 18-0012 CDD
File 17-948
10912 Freer Street
Page 2 of 4
6. The project site is designated Medium Density Residential by the Mid -Century
General Plan.
7. The applicant is proposing to demolish the existing residence and improve the site
with two new dwelling units.
SECTION 3. Based upon the information above, the Community Development Director
finds:
1. The construction complies with all applicable provisions of this Zoning Code.
The project proposes a floor area ratio of 0.5, a lot coverage of 34.6 percent, a
permeable coverage of 48 percent, all of which comply with the standard of the
Zoning Code which is a maximum of 0.5 for the floor area ratio, a maximum of 50
percent for the lot coverage, and a minimum of 35 percent for the permeable
coverage. Review of the development plans also leads to the conclusion that the
project is in compliance in terms of the builidng setbacks and the minimum
dimensions for the garages and the driveway. Therefore, the project meets this
finding.
2. The construction is consistent with the General Plan, any applicable specific
plan, and any special design theme adopted by the City for the site and
vicinity.
The Mid -Century General Plan desigates the property as Medium Density
Residential and for a density of 7-12 units per acre. The project proposes a two -
unit development with a density of 10.7 units per acre, complying with such a
deligation. The new policy of the Mid -Century Plan which restricts the
development on flag lots or tiered lots does not apply to this project. The policy
stipulates that properties "that qualify as 'tiered' or 'flag' lots or located on cul-de-
sacs shall be limited to the development of single family -detached units". Although
the subject property was created through a flag lot subdivision, it is the front lot
not the flag Iot.Therefore, the project meets this finding.
3. The approval of the site plan review is in compliance with the California
Environmental Quality Act (CEQA).
Resolution No. 18-0012 CDD
File 17-948
10912 Freer Street
Page 3 of 4
The approval of the site plan review is in compliance with CEQA because it is a
project categorically exempt per CEQA Guidelines, Section 15303 (New
Construction or Conversion of Small Structures). Therefore, the project meets this
finding.
4. The proposed structures, signs, site development, grading and/or
landscaping are compatible in design, appearance and scale, with existing
uses, development, signs, structures, and landscaping for the surrounding
area.
The project is designed to comply with all applicable zoning standards, and the
proposed desinty conforms to the desiganted density of the City's Mid -Century
General Plan. Landscaping will be provided according to the plans prepared by a
lincensed landscape architect, and the project will result in a residential
development for a neighborhood predominately improved with residential
developments. Therefore, the project 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 has a land area of 8,100 square feet. Based on the minimum of
3,600 square feet per unit zoning designation, the site is adequate to
accommodate two units The development plans show that yards and setbacks will
be provided according to the zoning standards and the total open space of 2,293
square feet will exceed the miniumun requirement of 1,000 square feet ( 500 square
feet per unit) of the Zoning Code. The off-street parking the project will provide
also meets the zoning standards including the number of spaces and the
miniumum size for the garage and the guest parking space. Therefore, the project
meets this finding.
SECTION 4. This project is Categorically Exempt from environmental review pursuant to
Section 15303 (New Construction and Conversion of Small Structures) of the California
Environmental Quality Act (CEQA) Guidelines.
SECTION S. Accordingly, File No. 17-948 a request for a Major Site Plan Review to
construct two dwelling units is approved, subject to the applicant complying with all
Resolution No. 18-0012 CDD
File 17-948
10912 Freer Street
Page 4 of 4
requirements of the Temple City Municipal Code and the conditions as set forth in Exhibits
A through C to this resolution.
SECTION 6. The Secretary shall certify to the adoption of this Resolution.
EXHIBITS
A. Planning Division Conditions of Approval
B. Building Division Conditions of Approval
C. Engineering and Public Works Division Conditions of Approval
Community Development Director
I hereby certify that the foregoing Resolution was approved by the Community
Development Director of the City of Temple City at a Director's Hearing held on the 9th of
January, 2018.
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EXHIBIT A
PLANNING DIVISION
CONDITIONS OF APPROVAL
Temple City, Planning Division
Conditions of Approval
10912 Freer Street
Project Specific Conditions
1. The project shall be in substantial compliance with the architectural plans
submitted on December 21, 2017, except as modified by these conditions
of approval.
2. Tree Planting: Prior to building permits being finalized, the applicant shall
plant a 24 -inch box Crape Myrtle tree in the public right-of-way along Freer
Street. The tree shall be planted, staked, and irrigated per the City's street
tree details, which shall be shown on the landscape plan. The contractor
shall call the Urban Forestry staff at (626) 285-2171 ext. 4500 to arrange for
the staff to be present during planting.
General Conditions
3. The applicant and property owner(s), 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.
4. This site plan review approval shall expire 24 months from the date of
approval. If building permits are not issued prior to the expiration date, the
property owner may apply in writing to the Community Development
Director at least forty (40) days before the expiration date for major site plan
review. The major site plan review may be extended for up to two (2) years
from the date of approval, at the discretion of the Community Development
Director.
5. Substantial Compliance: The development shall be in substantial
compliance with the submitted approved site, floor, elevation, landscape,
and other applicable plans.
File: 17-948
10912 Freer Street
6. No Lesser Elements: The project shall not be developed with lesser
architectural elements or components intended to complement the
architectural style and design of the development than is proposed in the
submitted approved plans.
7. Certificate of Occupancy: Permits shall not be finaled and/or Certificate of
Occupancy issued until the project is fully completed to the satisfaction of
the Community Development Department.
8. Hardscape: The hardscape shown on the landscape plan and the
architectural plans shall be consistent in size, location, and material. The
applicant is responsible for submitting plans that are internally
consistent. The Planning Division shall verify compliance with this condition
prior to approving plans for building permit issuance. Proposed changes to
the hardscape shall be reviewed and approved by the Planning Division
prior to installation or construction. Changes to the proposed hardscape
shall be shown on both the architectural site plan and the landscape plan.
9. Water Efficient Landscaping: The landscaping of the site shall be
implemented to fully comply with the criteria of the City's Water Efficient
Landscape Ordinance. Prior to permits being approved, the applicant shall
provide the required Landscape Documentation Package or a
demonstration that the Prescriptive Measures have been met. The
Landscape Documentation Package is required for the projects with an
aggregate landscape area over 2,500 square feet. A project with an
aggregate landscape area between 500 to 2,500 square feet shall comply
with the Prescriptive Measures or submit a Landscape Documentation
Package. The Landscape Architect shall certify conformance with the
Ordinance on a form provided by the Planning Division.
10. Walls and fences: Walls and fences shall be designed in a style, material and
color that complement the architecture of the dwelling units to which they
are attached. Concrete masonry unit (CMU) walls shall be constructed with
slump block, split face, or other decorative block style. Both sides of all
perimeter walls or fences shall be architecturally treated.
11. Submittal of Soils Analysis Report: For sites that will be regraded and a
Landscape Documentation Package (LDP) is required, a soils characteristic
report will not be a required portion of the LDP. After the site is graded the
property owner shall perform a soils test for agricultural suitability including
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File: 17-948
10912 Freer Street
a soils analysis report and specific amendment recommendations. Soil
testing shall be done following final grading and before planting, as the
surface soil in landscape areas may change due to grading work. Any soil
amendments listed in the specifications are for bidding purposes only. The
contractor shall adjust actual amendments and backfill mixes to conform to
soil analysis report recommendations. Prior to requesting a final inspection
from the Planning Division the property owner or contractor shall provide
evidence in the form of receipts for the soil amendment and invoices for
services provided to the Planning Division.
12. Certification of Correct Landscape Installation: Prior to requesting a final
inspection from the Planning Division the applicant shall provide to the
Planning Division a certification (on a form provided by the Planning
Division) from a landscape architect that the landscape and irrigation
installed on the project site conform to the approved landscape plan and
the applicable Water Efficient Landscape Ordinance. If modifications to the
landscape plan are proposed, the applicant shall provide to the Planning
Division a revised plan prior to final inspection and the Planning Division
shall review the plan to determine compliance with the Residential Design
Guidelines as well as the Water Efficient Landscape Ordinance. This
condition shall be enforced to demonstrate compliance with Temple City
Municipal Code Section 9-1M-15 Table A, for applicants applying for a floor
area ratio incentive related to landscape design.
13. Grade and Drainage: At the time of submittal for building plan check, the
applicant shall submit plans showing:
a. Existing grade of the subject and adjacent sites and
b. Existing drainage patterns for the subject and adjacent sites.
14. Consistency of Plans: At the time of submittal for building plan check the
applicant shall submit architectural, grading, and drainage plans that are
consistent with one another and correctly demonstrate the proposed
grading.
15. Cross Lot Drainage: Where existing drainage flows from adjacent sites, then
the subject site shall continue to accept cross lot drainage and shall not be
designed in such a way as to drain toward adjacent sites. The subject site
shall not create any barriers that prohibit existing drainage flows from
adjacent sites. The applicant shall submit plans for building plan check
demonstrating compliance with this requirement and the Planning and
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10912 Freer Street
Building Division shall verify compliance. In cases where compliance with
this condition is deemed not feasible by the City, the Director shall approve
modifications to encourage as much onsite infiltration and detention as
feasible.
16. Grade Differences: If the proposed finished grade will not alter existing
cross lot drainage patterns, the difference between the grade of the subject
site and adjacent sites shall be within eight (8) inches. If the proposed
finished grade will alter existing cross lot drainage patterns, the applicant
shall demonstrate how the subject property will address existing cross lot
drainage patterns.
17. Grading and Drainage Plans: The applicant shall submit grading and
drainage plans that demonstrate compliance with this requirement. The
Planning and Building Divisions shall review plans for compliance with this
requirement. The Building Division shall verify compliance during
inspections.
18. 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 properly
operating mufflers. No construction work shall occur on Sunday.
19. Disposal of Construction Waste: No construction activity waste or material of
any kind, including plaster, cement, paint, mud, or any other type of debris or
liquid shall be allowed to be disposed of in the street or gutter, storm drain,
or sewer system. All construction debris spills shall be removed daily and
shall use necessary dust control measures. Failure to comply with this
condition will result in charges filed by the District Attorney.
20. This approval and these conditions may be modified or revoked by the
Community Development Director should it be determined that the project
approved herein is detrimental to the public health, safety, or welfare, is
operated or maintained contrary to these conditions of approval or any
federal, state, or local law, or is operated or maintained so as to constitute a
public nuisance. Such modification or revocation shall occur at a noticed
public hearing and in accordance with the provisions of Section 9-1F-40 of the
Zoning Code.
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10912 Freer Street
21. By carrying out the project approved herein or otherwise using or exercising
this approval, the applicant acknowledges and accepts all of the conditions
imposed. The applicant acknowledges that failure to comply with these
conditions of approval may be cause for revocation of the approval. These
conditions are binding upon the applicant, the current and future property
owners, and any other party using or exercising this approval.
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EXHIBIT B
BUILDING DIVISION
CONDITIONS OF APPROVAL
City of Temple City
9701 LAS TUNAS DRIVE
TEMPLE CITY CA 91780
JN17576/PLANNING FILE #17-948
10912 FREER
BUILDING DIVISION CONDITIONS
Address/Location: 10912 FREER
Applicant: ERIC TSANG
Scope of Work: 2 NEW SINGLE-FAMILY RESIDENCE
OFFICE USE ONLY:
Conditions Required
1. The initial plan check fee will cover the initial plan check and one recheck only.
Additional review required beyond the first recheck shall be paid for on an hourly
basis in accordance with the current fee schedule.
2. The second sheet of building plans is to list all conditions of approval and to
include a copy of the Planning Commission Decision letter. This information shall
be incorporated into the plans prior to the first submittal for plan check.
3. School Developmental Fees shall be paid to the School District prior to the
issuance of the building permit.
4. Fees shall be paid to the County of Los Angeles Sanitation District prior to issuance
of the building permit.
5. The building shall be addressed as (front unit) 10912 Freer unit A and (Rear Unit)
10912 Freer unit B. An application to assign unit numbers shall be filed with
Building Division prior to plan check submittal.
6. In accordance with paragraph 5538(b) of the California Business and Professions
Code, plans are to be prepared and stamped by a licensed architect.
7. Structural calculations prepared under the direction of an architect, civil engineer
or structural engineer shall be provided.
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8. 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 in a penalty of up to $25,000
per day.
9. 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; and
f. The inspection of review of drainage devices.
10. The owner shall retain the soils engineer preparing 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
soils and/or geotechnical engineer submits and has accepted by the Public Works
Department, a new Preliminary Soils and/or Geotechnical Investigation.
11. Prior to permit issuance the pdf copy of the soils report shall be provided by the
applicant
12. A grading and drainage plan shall be approved prior to issuance of the building
permit. The grading and drainage plan shall indicate how all storm drainage
including contributory drainage from adjacent lots is carried to the public way or
drainage structure approved to receive storm water.
13. Projects shall comply with the requirements of the NPDES (NATIONAL POLLUTION
DISCHARGE ELIMINATION SYSTEM) prior to issuance of a Demolition, Grading &
Building permit. These include requirements for sediment control, erosion
control, and construction activities control to be implemented on the project site.
14. The building permit will not be issued until the property has been surveyed and
the boundaries marked by a land surveyor licensed by the State of California.
15. Foundation inspection will not be made until the excavation has been surveyed
and the depth and location of the footings has been determined to be in
accordance with the approved plans by a land surveyor licensed by the State of
California. THIS NOTE IS TO BE PLACED ON THE FOUNDATION PLAN IN A
PROMINENT LOCATION.
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16. Project shall comply with the CalGreen Residential requirements.
17. Demolition permit is required for any existing buildings which are to be
demolished.
18. Separate plan review and permit is required for each detached structure.
19. All fire sprinkler hangers must be designed and their location approved by an
engineer or an architect. Calculations must be provided indicating that the
hangers are designed to carry the tributary weight of the water filled pipe plus a
250 pound point load. A plan indication this information must be stamped by the
engineer or the architect and submitted for approval prior to issuance of the
building permit.
20. Separate permit is required for Fire Sprinklers
Reviewed by: VSL/DT
Date: 9/28/17
V20150224 Page 3 of 3
EXHIBIT C
ENGINEERING & PUBLIC WORKS
CONDITIONS OF APPROVAL
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TEMPLE
CITY
City of Temple City
9701 LAS TUNAS DRIVE
TEMPLE CITY CA 91780
JN17576/PLANNING FILE #17-948
10912 FREER
PUBLIC WORKS/ ENGINEERING CONDITIONS
Address/Location: 10912 FREER
Applicant: ERIC TSANG
Scope of Work: 2 NEW SINGLE-FAMILY RESIDENCE
OFFICE USE ONLY:
Conditions Required
Comments/Conditional Requirements:
I- The following are Public Works conditions and shall be incorporated into submittal
plans, show the conditions on site plans and on grading plans (No handwritten notes,
stickers etc. shall be accepted):
1. Install new driveway approach in accordance with SPPWC Standard Plan 110-
2, and as directed by the City Engineer or his/her designee.
2. Remove and replace broken and off grade sidewalk in accordance with SPPWC
standard plan 113-2, and as directed by the City Engineer or his/her designee.
3. 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.
4. Rehabilitate existing AC street pavement along the length of the property
frontage to the centerline of the street as indicated below, and as directed by the
City Engineer or his/her designee:
Pay in -lieu fee in the amount of $2,100 for the required rehab to the City.
City will use the in -lieu fees in the future for street rehabilitations as
necessary.
5. Underground all utility services to the property.
Reviewed by: VSL/DT
Date: 9/28/17
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