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HomeMy Public PortalAbout12) 8A Time Extension Request for Tentative Tract Map 5556 Welland AveAGENDA ITEM 8.A. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE : March 6, 2018 TO: The Honora ble City Counc il FROM: Bryan Cook , City Manager Via : Michael D. Forbes , AICP, Community Development Director By : Adam Gulick , Associate Planner SUBJECT: A REQUEST FOR A TIME EXTENSION FOR TENTATIVE TRACT MAP 73565, A CONDOMINIUM SUBDIVISION AND A MAJOR SITE PLAN REVIEW FOR A SIX-UNIT RESIDENTIAL DEVELOPMENT LOCATED AT 5556 WELLAND AVENUE RECOMMENDATION: The City Council is requested to: 1. Open the public hearing ; 2. Accept public testimony from the applicant and members of the pub li c ; and 3. Adopt Resolution No . 18-5317 (Attac hm ent "A ") finding that the project is exempt from the California Environmental Quality Act (CEQA) and approving File No . 17- 1090 , a request to extend Tentative Tract Map 73565 and the related Major Site Plan Review for one year subject to the conditions of approval. BACKGROUND : 1. On October 27 , 2 01 5 , the Planning Commission held a public hearing to consider the project. The Planning Commissio n unanimously approved the proposed tentative tract map and major site plan revi ew submitted by the applicant. 2 . On November 9, 2015 , an appea l of the Planning Comm ission 's decision was filed w ith the City Clerk . 3. On January 19, 2016 , the City Counci l denied the appeal and unanimously approved the proposed tentative tract map and major site plan review subm itted by City Council March 6 , 2018 Page 2 of 3 the applicant (Attachment "B"). The approval gran t ed 24 months for the property owner to final the subdivision map . 4 . On December 4 , 2017 , the engineer and architect were notified that the tentative tract map and m aj or s ite p lan review was schedu led to expire on January 19 , 2018. 5. On December 6, 2017 , the property owner submitted a request for a time extension with Planning st aff to allow additiona l time to comp lete the final map . ANALYSIS : The Planning Comm iss ion regularly re views time extension requests . This case is unique in that it requires City Council approva l. The reason for this is that Section 9-1 E-5 of the Temple City Municipal Code states that a time extensio n request is subject to the review and approval of the approval body. Since the City Counci l approved this on an appeal , it acted as the fina l approval body ; therefore, t he C ity Council must review the requested time extension. The project engineer provided a letter with the time extension request indicating that t hey needed add iti o nal time to demolish t he structures on the property, which is usually one of th e last items before the final map is submitted to the City Council. T he project meets all the other requirements necessary for approval of the final map, including approva l by Los Angeles County Fire Department; approval by the City Eng in eer; approva l of the Covenants , Conditions , and Restrictions (CC&R 's); and demolition of the stru ctures . No changes have occu rred to the Zoning Code or the project since the City Council reviewed and approved the tentative tract map and major site plan review in 2016. The proposed residential condominium development is sti ll consistent , in terms of density and use, with the City's Zoning Code and General Plan designati ons . The property is zoned R-2 , and designated Medium Density Residential in the City's General Plan . The proposed density for th e six-unit co ndominium project is 10 .6 dwelling units per acre and this property is a ll owed to have up to 12 dwe lling un it s per acre. The project st il l meets a ll of the development standards (i .e ., lot cove rage , floor area ratio , permeable coverage, open space , building setbacks , height requirements , etc.) and design gu id elines for the R-2 zone . CITY STRATEGIC GOALS: Approval of the time extension for Tentative Tract Map No . 73565 will further the City 's Strategic Goal of Economic Development. City Council March 6 , 2018 Page 3 of 3 FISCAL IMPACT: Approval of this item will not have an impact on the City's budget for Fiscal Year 2017-18 . ATTACHMENTS: A. Resolution No. 18-5317 B. City Council Staff Report and Attachments , dated January 19 , 2016 C . Tentative Tract Map No . 73565 ATTACHMENT A RESOLUTION NO. 18-5317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING FILE NO . 17 -1090 , A REQUEST FOR A TIME EXTENSION OF A TENTATIVE TRACT MAP AND A MAJOR SITE PLAN REVIEW LOCATED AT 5556 WELLAND AVENUE . THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE : SECTION 1. The City Council has considered al l of the evidence subm itted into the administrative record, which includes , but is not limited to : 1 . Reports and presentation of project related data and analysis prepared by the Commun ity Development Department. 2 . The City of Temple City Municipal Code , and all other app l icable reg u lat ions and codes . 3. Publ ic comments , written and oral , received and/or submitted at or prior to the public hearing, supporting and/or opposing the applicant's request. 4 . Testimony and/or comments from the appl icant and its representatives submitted to t he City in both written and oral form at or prior to the public hearing . 5 . A ll related docume nts received and/or submitted at or prior to the publ ic hea ring . SECTION 2. Based on the follow ing prefacing facts as more fully set fort h in the admin istrative record, the City Council finds that: 1. On July 18 , 2015 , the applicant subm itted the application for a tentative tract map and a major site plan review to construct six residential condominium un its . 2. Notice of the Planning Commission public hearing was pub lished in the newspaper at least ten (1 0) days prior to t he hearing . 3. Notice of the October 27 , 2015 , Plann i ng Comm iss ion Meeting was mailed to property owners within 300 feet of the property at least ten (1 0) days prior to the hearing . 4 . On October 27 , 2015 , the Planning Commission he ld a public hearing to cons ider the matter. The Plann ing Commission unanimous ly approved the proposed tentative tract map and ma j or site plan re v iew subm itted by the applicant. 5 . On November 9, 20 15 , an appeal of the Planning Comm ission 's decision was f iled with the City Clerk . C ity Council of the City ofT emple City Resolution No. 18-5317 March 6 , 2018 Page 2 6 . Notice of the C ity Council Meeting was published in the newspaper at least ten (1 0) days prior to the hearing . 7 . Notice of the January 19 , 2016 , City Counci l Meeting was mailed to property owners within 300 feet of the property at least ten (1 0) days prior to the hearing. 8 . On January 19, 2016 , the City Council held a public hearing to consider the matter. The City Council denied the appeal and unanimously approved the proposed tentative tract map and major site plan review submitted by the app licant. 9 . On December 6 , 2017 , the property owner submitted a request fo r a t ime extens ion to allow additional time to comp lete the final map . 10 . Notice of the City Counci l public hearing was put in the newspaper at least ten (1 0) days prior to the hearing . 11 . Notice of the March 6 , 2018 , City Council Meeting was mailed to property owners within 300 feet of the property at least ten (1 0) days prior to the hea ring . 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-2 , Multi -Family Residential. 14 . The project site is des ignated Medium Density Res idential by the General Plan . 15 . The app l icant is proposing a condominium subdivision at the site resulting in six de tached units . SECTION 3. For the tentative map , the City Council 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; The proposed map will be consistent with the zoning and Genera l Plan des ignation for the site . Th e site is zoned for multi-family residential developments and the proposed six-un it condomin ium project is a pe rm itted use in this zone. Therefore , the project does not meet this find i ng . 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans; The sizes and dimens ions of the condominium project , as well as the site configuration meet all applicable regulat ions and standards . The structural City Counci l of the City of Temple City Resolution No. 18-5317 March 6 , 2018 Page 3 improvements comply with all applicable development standards of the City . Therefore , the project does not meet this finding . 3. That the site is not physically suitable for the type of development; The site is determined to be suitable for the proposed development. The site is relatively flat with a land area large enough to construct six dwelling units . Therefore , the proj ect does not meet this finding. The proposed density is 10 .6 dwelling units per acre , fully complying with the maximum density of 12 dwelling units per acre allowed by the General Plan . Therefore , the project does not meet this finding . 4 . 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; The des ign of the tentative tract map does not cause environmental damage or injure fish or wildlife because it is an in-fill development project. There are no existing environmental or wildlife conditions that could potentially be harmed by this project. Based on the initial study, this project is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15303 for New Construction or Conversion of Small Structures and Section 15332 for In -Fill Development Projects as provided by the CEQA Guidelines. Therefore , the project does not meet this finding . 5. 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 potential to expose persons to health hazardous causes . Construction activities will be temporary and will be governed by the City's Noise Ordinance and Building Code to minimize impacts . Therefore , the project does not meet this finding . 6. 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. City Counc il of the City of Temple C ity Resolution No. 18-5317 March 6 , 20 18 Page4 The City Engineer has reviewed the tentative map and found that the design of the project will not affect existing public easements dedicated on the property . Any future easement dedication after the approval of the tentative map is requ ired to be reviewed by the City Enginee r, and if appl icable , to be subordinated to the public easement(s). Therefore , the project does not meet this finding . SECTION 4. Based upon a public hearing for the major s ite plan review , the City Council finds : 1. The construction complies with all applicable provisions of this Zoning Code. The proposed tentat ive tra ct map and major site plan review is consistent with all applicable provisions of the Zoning Code , which includes the des ign guidelines and development standards for multi -family use in the R-2 zone . The proposed floor area rat io (FAR) is 0.49 , less than the maximum 0 .50 specified in the Zoning Code . The proposed lot coverage is 33 .62 percent with 46 .5 percent permeable area , both meeting the maximum and minimum requirements . 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 proposed tentative tract map is consistent with the General Plan in that the proposed project dens ity is six units or 10 .6 units per acre and the proposed use is a multi -fam ily use , which is consistent with the Med ium Dens ity Res idential designation. The des ign of the development has been rev iewed and is found to comply with the Des ign Guidelines of the Zoning Code . 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 the California Environmental Quali ty Act (CEQA). The project is categorically exempt from CEQA pursuant to Section 15303 New Construction or Conversion of Small Structures and Section 15332 In -Fill Development Projects of the CEQA Gui delines. 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. City Council of the City of Temple City Resolution No . 18-5317 March 6, 2018 Page 5 The scale and appearance of the six proposed units have been reviewed and have been found to be compatible with the surrounding neighborhood . There are several existing condominium developments on Weiland Avenue , as well as existing multi- fam ily residential developments on Santa Anita Avenue (east of the site ). The des ign of the structures are found to comply with the provisions conta ined in the Design Guidelines of the Zoning Code . The appl icant is required to submit a landscape plan to demonstrate that permeable and landscaped areas are provided to the fullest extent possible . 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 is large enough to accommodate six dwelling units. The proposed development provides adequate area to support the proposed density , required yard areas , parking requ irements , and other development features . Therefore , the project meets this finding . SECTION 5. This project is found to have no significant effects upon the environment, and is Categorically Exempt from environmental review per CEQA Guidelines , §15303 (New Construction and Conversion of Small Structures) and §15332 (In-fill Development Projects). SECTION 6. Accordingly , th e City Council finds that the project is exempt from CEQA and approves File PL 17 -1090 , a request for a time extension for a tentative tract map and major site plan review for the construction of six-unit residential condominium development, subject to the appl icant complying with all requ i rements of the Temple City Mun ic ipal Code and the conditions as set forth in Exhibits A through D of this resolut ion . This resolution and conditions of approval shall supersede Resolution 16- 5141 for file PL 15-210 . SECTION 7. The City Clerk shall certify to the adopt ion of this Resolution . City Council of the City of Temple City Resolut ion No. 18-5317 March 6 , 2018 PASSED, APPROVED AND ADOPTED THIS GTH DAY OF MARCH, 2018. MAYOR ATIEST: CITY CLERK Page 6 I hereby certify that the foregoing Resolution , Resolution No . 18-5317 , was adopted by the City Council of the City of Temple City at a regular meeting held on the 61h of March , 2018, by the following vote : AYES : Council Members : NOES : Council Members : ABSENT: Council Members : RECUSED : Council Members : EXHIBITS A. Planning Division Conditions of Approval B . Building Division Conditions of Approval C. Engineering and Public Works Division Conditions of Approval D. L.A. County Fire Department Conditions of Approval EXHIBIT A PLANNING CONDITIONS OF APPROVAL ------------------------ Temple City, Planning Division Conditions of Approval 5556 Weiland Avenue Project Specific Conditions 1. This project must be in substantial compliance w ith the architectural plans dated May 22, 2015 and the tentative tract map dated July 28, 2015 , except as modified by these cond ition s of approval. 2. Th ese cond iti ons of approval in Resolution 18 -5317 for file PL 17-1090, sha ll supersede the conditions of approva l conta ined in Resolution 16 -5141 for file PL 15 -210 . 3. Architectural: Prior to the issuance of building permits, the following must be revised on the architectural plans and must be reviewed and approved by the Community Development Director: a. Recessed door for the front unit. b. Front porch for the rear units. c. Molding and trim details. 4. Landscape: Prior to the issuance of bui lding permits, the following must be revised on the l andscape plans and must be reviewed and approved by the Community Development Director: a. Pavers, grasscrete, or turf block sha ll be utilized in the driveway and guest parking spaces to the fullest extent possible. 5. That a method for continual maintenance of the private street and common area shall be provided in the Covenants, Cond itions and Restrictions (CC&R 's) and that this document shall incorporate maintenance provisions for sidewalks and the private street, drainage devices and other utility lines in the private street and or common area, and all yard areas as determined by the City to be common yard areas. Specifically, the CC&R's shall state the following: a. "No vehicular access gates sha ll be installed across the private street." b. "The City of Temple City and L.A . Cou nty Sheriff's Department sha ll have the authorization to fully enforce the prohibition of overnight parking without a permit in the private street, in cluding issuing citations and towing of vehicles parked ." c. "These CC&R 's shall not be changed or modified w ithout the written co nsent of the City of Templ e City." Pag e 1 of 7 PL 17-1 090 5556 Weil an d Avenue 6. The app li cant may be ab l e to a pay in-lieu fee for the required installation of a new sidewalk along the l ength of the property f r ontage. The amount of the in -li eu fee will be determined by the City Engineer. The City will use t he in -lieu fee in the future for sidewalk s rehabilitation s as nece ssary . This co ndition shall supersede cond ition 3, on page 2 of the Engineering and Public W orks Cond itions. Tentative Map Conditions 7 . The subdivision must be in substantia l compliance w ith the tenta t ive map, except as modified by these conditi on s of approval. 8. Prior to the approv al of the final map, the following must be submitted to and approved by the City of Temp l e City unles s specifi ca ll y wa ived: b . Subdivision Improvement Agreement c. Public I mprovement Estimates and payment of the Surety Bonds, Security Deposit, or In -Lieu Fee d . CC&R's e. Final Map Mylar f . Three cop ies of the Final Map for L.A. Co unty Fire Department review/approval g . Landscape and Irrigation Plans 9 . Prior to issuan ce of building permits, the applicant must pay the City's Park Deve lopment Fee to the City of Temp le City . 10. Prior t o i ssuance of b uilding permits, the app lic ant must pay the City's Sewer Reconstruction Fee of $2,500 per unit, up to three units, or $25,000 for multi -family projects w ith four or more units. Site Plan Review Conditions 11. Substanti al Comp li ance: The development must be in substantial comp lian ce with the submitted approved site, f l oor, e levati on , landscape, and other app li cable plans except modified hereinafter. 1 2. No Lesser Elements: The project must not be devel oped with lesser architectural elements or components intended to complement the architectural style and des ign of the development than is proposed in the submitted approv ed plans. Page 2 of 7 PL 17-1090 5556 We il and Ave nu e 13 . Certificate of Occupancy: Permits wi ll not be finaled and/or Certificate of Occupancy issued until the project is fully completed to the satisfaction of the Community Development Department. 14. Hardscape: The hardscape show n on the landscape plan and the architectural plans must be consistent in size, locat ion, and material. The applicant is responsible for submitting plans that are internally consistent. The Planning Divisio n will verify compliance with this condition prior to approving plans for building permit issuance. Proposed changes to the hardscape must be reviewed and approved by the Planning Di vis ion prior to installation or co nst ruction. Changes to the proposed hardscape must be shown on both the architectural site plan and the landscape plan . 15. Water Efficient Landscaping: The landscap i ng of the site must be implemented to fully comply with the cr iteria of the City's Water Efficient Landscape Ordinance. Prior to permits being approved, the applicant must provide the required Land sca pe Documentation Package or a demonstration that the Pre scr ipti ve Measures have been met. The Landscape Documentation Package is required for the projects with an aggregate landscape area over 2,500 sq uare feet. A proj ect with an aggregate landscape area between 500 to 2,500 sq uare feet shou ld co mply wi th the Prescriptive Measures or submit a Landscape Documentation Package. The Landscape Architect must certify conformance wi th the Ordinance on a form provided by the Planning Di v ision. 16. Walls and fences : Walls and fen ces must be designed in a style, material and color that complement the architecture of th e dwelling units to whi c h they are attached. Concrete masonry unit (CM U) walls must be constructed with slump block, split fa ce, or other decorative block style . Both sides of all perimeter walls or fences mu st be architecturally treated . 17. Submittal of Soils Analysis Report: For sites that w ill be regraded and a Landscape Documentation Packa ge (LDP) is required, a soils characteristic report will not be a required portion o f the LDP . After the site is graded the property owner must perform a soils test for agri cu ltural suitability in cluding a soils analysis report and specific amendment recommendation s. Soil testing mu st be done following final grading and before planting, as the surface soil in landscape areas may change due to grading work. Any soil amendments li sted in the specifications are for bidding purposes only. Contractor must adjust actual amendments and backfill mi xes to conform Page 3 of 7 PL 17-1090 5556 Weil and Avenue to so il analys is report recommendations . Prior to requ est ing a final i nsp ection from the Planning Divisio n the property owner or contractor must provide ev id ence in the form of receipts for the soil amendment and in vo ices for services provided to the Planning Divi sio n . 18. Certification of Correct Land sca pe Installation: Prior to reque st ing a f inal in spection from the Planning Division the applicant mu st provide to the Planning Division a certification (on a form provide d by th e Pl anning Divi sion) from a landscape ar chitect that the landscape and irriga tion installed on the project site conform to the approved l andscape p lan and the app li cab l e Water Eff ici ent Land scape Ordinan ce. I f modificatio ns to the l andscape plan are proposed , the ap pli ca nt mu st provide to the Pl an ning Division a revi se d plan prior to f i nal in spect ion and the Planning Div ision must review the p lan to determine comp li ance with the Re sid ential Des i gn Guidelines as we ll as the Water Effi c ient Landscape Ordinance. Thi s cond ition w ill be enforced to demonstrate compli ance with Temp le City Municipa l Code Section Table 9-1M -15 Table A, for applica nts app ly ing for a floor area ratio in centive re lated to landscape design. 19. Grade and Drain age: At th e tim e of submittal for bu il d i ng plan check, the app li cant must submit plans showing : a. Ex isting grade of the subject and adjacent sites and b . Ex ist in g drai nag e patterns f o r the subject and adjacent site s. c. Cons i stency of Plan s: At the time of submittal for building p l an check the app l ican t must submit arc hitectural, grading, and drainage plan s that are consistent with o ne another and co rrectly demonstrate the proposed grading. 20. Cross Lot Drainage : Where existing drainage flows from adja cen t sites, then the subject site must continu e to accept cross l ot drainage and shou l d not be designed in such a way as to drain toward adjace nt sites. The subject site should not create any barriers t hat prohibit exis ting drainage flows from adjacent sites . The app li cant mu st submit plans for building p la n chec k demonstrating co mpliance with th is requ irem ent and the Planning and Building Division wil l ve rify comp li ance. In cases w here comp li ance with thi s cond ition i s deemed not fea sible by the City, the Directo r ma y approve modifications t o e ncourage as much ons ite infiltration and detention as fea sibl e. Page 4 o f 7 Pll7-1090 5556 We il and Avenue 21 . 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 must be within eight inches. If the proposed finished grade wi ll alter existing cross l ot drainage patterns, the applicant must demonstrate how the subject property will address existing cross lot dra i nage patterns. 22. Grading and Drainage Pl ans: The applicant must submit grading and drainage plan s that demonstrate compliance with this requirement. The Planning and Bu i lding Divisions will review plans for complian ce with this requirement. The Building Division will verify comp l iance during inspections. 23. Street Tree (s): Prior to building permits being finaled, the appl icant must plant a minimum of one 24 -inch box street tree (s) in the publ ic r ight-of-way along Weiland Avenue. The contracto r must ca ll the Urban Forestry staff at (626) 285 -2171 ext. 4500 to determ ine the spec ies of the tree (s). The tree(s ) will be p l anted , staked , and irrigated per the City's street tree details, which must be shown on the landscape plan. Pr i or to fina l inspection from the Planning Division the app l icant must ca ll the Urban Forestry staff to inspect that the tree was p lanted and staked correctly. General Conditions 24. School Developmental Fees shall be paid to the Sc hool District prior to the issuance of the bu ilding permit. 25 . Fees shal l be paid to the County of Los Angeles Sanitation District prior to issuance of the building permit. 26. The project is subject to the City's Low Impact Development (UD) requirements . 27. The app l icant and property owners, and their successors in interest, must indemn ify and defend the City of Temp l e City and its officers, employees, and agents from and against all l iability and costs relating to the City's actions concerning this project, includ ing (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 dec ision s in connection with this project. The City w i ll have the sol e right to choose its counsel and property Page 5 of 7 PL 17-1 090 5556 W eiland Avenue owners must reimburse the City's ex penses incurred in its defenses of any lawsuit challenging the City's actions concerning this project. 28. Building permits must be obtained for all construction activities of the project. 29 . Construction plans or tenant improvement plan s must include a sheet conta i ni ng each page of these conditions of approval at the time of building plan check submitta l. 30. Dur i ng any demolition and/or co nst ruction, 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 may occur on Sunday. 31. Disposa l of Construction Wast e: No cons truction activity was te or material of any kind, including plaster, cement, paint, mud, or any other type of debris or l iquid wi ll be allowed to be disposed of i n the street or gutter, storm drain, or sewer system . All construction debri s spi ll s must be removed daily and must use necessary du st contro l measures . Fa i lure to comply with thi s co nditio n will resu lt in charges filed by the District Attorney. 32. This Resolutio n will not become valid until such t im e that the applicant and property owner have signed the Acceptance of Project Conditions. 33 . The time extension for a tentative map and major site plan review will automatica ll y exp ire 12 months from the date of approval. If the final map wi ll not be recorded prio r to the expiration date, the sub divider may apply in wr iting to t he Community Development Director at least 40 days before the expiration date for an extension of time on the project. 34 . This approval and the se conditions may be modified or revoked by the granting body (the City Council) should it be determined that the project approved herein is detrimenta l to the public health, safety, or welfare; is operated or maintained contrary to these cond itions of approval or any federa l, state, or local law; or is operated or mainta ined so as to constitute a public nu isance . Such modification or revoca tion will occ ur at a noticed public hea ring and in accordance with the provisions of Section 9-lF-40 of the Zoni ng Code . Page 6 of 7 PL 17-1090 555 6 W eil and Avenue 35. By carrying out the project approve d herein or otherwise us ing or exercisi ng this approval , the app licant ac kn owledges and accepts all of the conditions imposed . The applicant acknowledges that failure to comply with these cond iti ons of approval ma y be cause for revocation o f the approval. These cond itions are binding upon the applicant, the curre nt and future property owners, and any other party using o r exercising this approval. Page 7 of 7 EXHIBIT B BUILDING DIVISION CONDITIONS OF APPROVAL • To: City of Temple City BUILDING & SAFETY CONDITIONS OF APPROVAL Michael D. Forbe s, AICP , Commun ity Development Director Adam Gulick, Associate Planner From : Building Official/ DT/AJ Address: 5550-5560 Weiland Ave . (aka 5556 Weiland Ave .) Application No.: 15-210 TIM73565 Date : 8/28/15 PROJECT DESCRIPTION Tentat ive tract map for a new 6 unit res i dential condominium development 1. The initial plan check fee will cover the ini tial 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 bu i lding plans is to li st all conditions of approva l and to include a copy of the Planning Commi ss ion Decision l etter. This information shall be incorporated into the plans prior to the f i rs t submittal for plan check. 3. School Developmenta l Fees sha ll be paid to the School District prior to the i ss uance of the bu il ding permit. 4. Fees sha ll be paid to the County of Lo s Angele s Sanitation District prior to iss uance of the bu il ding permit. 5. The bui l dings shall be addressed as 5550, 5552 , 5554, 5556, 5558, and 5560 Weiland Ave. and an app lication to assign addresses shall be f il ed with Bui lding Division prior to plan check su bmittal. 6. In accordance with paragraph 5538{b) of the California Busine ss an d Professions Code, plans are to be prepared and stamped by a licensed architect. 7. Structura l calculations prepared und er the d i rection of an architect, civil eng i neer or structura l engineer shall be provided. Page 1 I V.20150202 8 . So uth Co as t Air Qua lity Management Dis t rict m ust be contacted prior to any demolition or ren ovat io n . Ca ll (9 09 } 396-2000 for further information. Failure to comp ly wit h the provi sion s of Rule 1403 may resu lt in a penalty of up to $25 ,000 per day. 9. A geotechnical and soils i nvestiga tion re po rt is required, the duties of the soi ls eng i neer of record , as i ndicated on the first sheet of the approved pl ans, shall incl ude th e following : a . Ob servat i on of cl eared areas and benches prepared to rece ive fill ; b . Ob servat i on of the removal of all unsuitable so i ls and other ma terials ; c. Th e approval of soi ls to be used as fi l l material; d . In spec tion of co mpaction an d placement of fi ll; e. Th e testing of compacted fill s; and f . The inspection of r evie w o f dra inage d evic es . 10. The owner shall reta i n the so il s engineer pre par ing the Preliminary So i ls and/or Geotechnical In vest igation accepted by the City for observation of all grad ing , si te preparat i on, and compaction testing . Obse r vation and testing sha l l n ot be performed by an other soils and/or geotech nical engineer unless the su bse qu ent soils an d/or geotechn ica l e ng in eer submits and h as accepted by the Publ i c Works Department, a new Preliminary Soil s and/or Geotechnical Invest i gatio n. 11. Prior to p e rmit is suance the pdf copy of the soils report sha ll be provided by th e app lica nt 12. A gra d ing and dra i nage plan shall be app roved prior to issuance of the build ing permit. The grad i ng and drainage p lan shall indicate how al l storm dra i nage inclu ding contributory drainage from adjacent lots is ca rried to the public way or dra i nage structure a pproved to rece ive storm water. 13 . Projects shall comp ly with the requireme nts of the NPDE S (NATION A L POLLUTION DISCHARGE ELIMINATION SYSTEM) prior to issua nce o f a Demo l ition, Grad i ng & Building permit. These incl ude requirements for sedime nt co ntrol, erosion control, and construction activiti es contro l to be implemented on the p r oject site . 14. The bu ilding permit wi ll not be issued unti l the property has been surveyed and the bou ndaries m a rked by a lan d surveyor licen sed by the State of California . 15. Foundati on i nspecti on will not be made unti l the excavation has been su rveyed and the depth and location of the f ootings ha s been d ete rmin e d to be in accordance with the approved plans by a land surveyor li censed by the State of Ca lifornia. THIS NOTE IS TO BE PLAC ED ON THE FOUND ATION PLAN IN A PROMINENT LOCATION . 1 6. Project sha ll comply w ith the CaiGreen Residential re qui rement s. 17. Demol ition permit i s required for any ex isting build i ngs which are to be demol ished . Page 2 I V.20150202 ------------- 18. Separate plan review and permit is required for each detached structure, including but not limited to common space open trellis . 19. All fire sprinkler hangers mu st be design ed and their location approved by an eng i neer or an architect. Calculations must be provided indicating that the hangers are de signed to ca rry the tributary weight of the water filled pipe plus a 250 pound point load . A plan ind ic ation this information must be stamped by the engineer or the architect and submitted for approval prior to i ss uance of th e building perm it. 20 . Separate permit is required for Fire Spr i nklers 21. A parcel/tract map shall be proces se d prior to i ss uance of the building permit. 22 . Multiple buildings can share a private sewer main if a Sewer Covenant is recorded prior to i ss uance of the bu i lding permit. Page 3 I V.20150202 EXHIBIT C ENGINEERING & PUBLIC WORKS CONDITIONS • To: City of Temple City CONDITIONS OF APPROVAL FOR OFF-SITE IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY Michael D. Forbes, AICP, Community Development Director Adam Gulic k, Associate Planner From : Office ofthe City Engineer/ DT/AJ/VSL Address : 5550-5560 Weiland Ave. (aka 5556 Weiland Ave .) Application No .: 15-210 TIM73565 Date: 8/28/15 PROJECT DESCRIPTION Tentative tract map for a new 6 unit re sidential condominium developm e nt ENGINEERING FEES 1. Prior to i ss uance of grading, building or other permits as appropriate, the applicant shall pay all neces sary fee s to the City. 2. A separate public works permit and payment of f ee is required for all work in the public right-of-way . OFF-SITE IMPROVEMENTS REQUIREMENTS IN PUBLIC RIGHT-OF-WAY Separate p lans for improvements w ithin the public ri ght-of-way are not required . However, prior to issuance of a building and/or grading permit, all neces sa ry improvem ents within the public right-of-way shall be shown on building and on gra ding plans in ac cordance with established City standards or as directed by the City Engineer and /o r his/her de sig n ee. The following are required for the off-site improvements: Weiland Ave. 1. Install new driveway approach in accordance with SPPWC Standard Plan 110-2, an d as directed by the City Engineer or his/her des ig nee . Page 1/V20150602 2. Close existing driveway apron, and install nece ssary improvements {parkway, landscap e, si dewalk, curb and gutte r, any others as applicabl e) to match required adjacent se ctions, and as directed by th e Ci ty Engin eer or his /her de signee . 3 . In sta ll new concrete sid ewalk along t he length of the property frontage in accordance with SPPWC Standard Plan 113-2, and as d irect ed by the City En gineer and/or his/her desig nee . 4 . Install new 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 hi s/her de signee . 5. Rehabilitate existi ng AC street pa vement along the len gth of the property frontage to the centerl ine of t he street as i ndi cated below, and as directed by the City Engineer o r h is/her de signee : Pa y i n-lieu fee in the amount of $7 ,100.0 0 for th e required rehab to the City. City will use the in-lieu fees in the fu ture for street re hab ilitations as necessary. 6. Underground all serv ice s to the property. The following are general requirements for off-site improvements: 1. All improvements are to be designe d, ins talled and completed at the sole ex pens e of the applicant/developer/property own er. 2. The applicant/developer/property o w ner shall des ign and construct the improvements to the satisfaction a nd app roval of th e City Engineer o r his/her designee . 3. All work shall be done in accordance w ith Sta ndard Plans for Public W orks Construction {S PPWC), and/or as directed by the Cit y Eng ineer or his/her de sig nee . 4. Project shall meet all requirem ents of the National Pollutant Di scharge El imination System {NPDES ) r elated to pollutants; runoff or non -s tormwater di sc ha rges. 5. All existing damage d or off-g rade curb, gutte r and si d ewa lk shall be remove d and replaced as d irected by the City Engineer or h is/her designee . 6. Any exi sti ng improvements dam aged or mad e off-grade during construction, Page 2/V20150602 shall be remov ed and replaced in accordance with appropriate standards, and as directed by the City Engineer or his/he r designee . 7 . Bench Marks, Center Line Tie s, and any other Survey Monumentation, shall be established and/or replaced accordingly at the completion of the project. 8 . When requ ired , existing street pavement shall be rehabilitated along the length of the property frontage to the centerline of th e street and as directed by the City Engineer or his/her design ee: 9 . All new driveways sha ll be according to SPPWC Standard Plan 110-2, Type B or C with the m i nimum width established by Planning and/or Los Angeles County Fire Department. 10. All existing noncomplying driveway aprons sha ll be constructed in accordance with applicable SPPWC standards. 11. Top of driveway apron X shall be 5 feet minimum from any trees, power poles, traffic signal controllers, electric services or similar improvements in the public right of way . 12. When required, all existing driveways aprons to be closed shall be removed and replaced with nec essa ry improvements (parkway, land scape, sidewalk, curb and gutter, any others as applicable) to match required adjac ent sections, and as directed by th e City Engineer or hi s/h er designee . 13 . All existing an d propose d utilities shall be conveyed to the site underground. 14 . New street lig hts shall match existing street light sta ndards in the street block, and as direct ed by the City Eng ineer or his/her des ig nee . If required by City, a bond shall be provided for required Public Improvements. Bond Cost for the Public Improvements shall be calculated based on latest cost unit prices adopted by the County of Los Angeles. Page 3/V20150602 TRACT MAP REQUIREMENTS Following information is provided for applicant's convenience. Project shall comply with all applicable requirements for Tract Maps. 1. A final tract map prepared by or under the direction of a registered civil engineer or licen se d land surveyor sha ll be submitted to and approved by th e City of Temple City prior to being filed with the Los Angeles County Recorder. 2. A so il s report is r e quired. 3 . A preliminary tract map guarantee shall be provid ed which indicates all trust deeds (to include the name of the tru stee), all easement hold ers, all fee interest holders, and all interest hold er s whose interest could result in a fee . The account for this title report sha ll remain open until the final tract map is filed with the Lo s Angeles County Recorder . 4. Easements shall not be granted or r ecorded within any area propo sed to be dedicated, offered for dedication, or granted for use as a public stree t , alley, hi ghway, right of access, buil d ing rest riction , or other easements until after the final tract map is approved by the City of Temple City and filed wi th the Lo s Angele s County Recorder; unle ss such easement is subordi nated to th e propo se d dedication or gra nt. If easements are granted afte r the date of tentative approval, a subordination shall be executed by the easement holder prior to the filing of the final tract map. 5 . Monumentation of tract map boundarie s, street centerlines, and lot boundaries is required if the map is ba se d on a fie ld survey. 6. All conditions from City of Temple City Departments and Divis ion s shall be incorporated into the tract map prior to submi ttin g the tract map for review. 7. In accordance with California Governm ent Code Sections 66442 and/or 66450, docum en tation shall be provided indicating the mathematical accuracy and survey analysis of the tract map and the correctness of all certificates. Proof of ownership and proof of original si gna tures shall also be provided . 8 . Proof of Tax clearance sha ll be provided at the time of tract map re view submittal. 9. Upon submittal of the parcel map for review by the City of Temple City, a letter signed by both the subdivider and the engineer shall be provided which indicates that these individuals agree to submit one (1) blueprints and one sepia mylar and pdf copy on a CD of the recorded map to the City of Temple City Public Works Department. Page 4/V20150602 EXHIBIT D L.A . COUNTY FIRE DEPARTMENT CONDITIONS OF APPROVAL COUNTY OF LOS ANGELES FIRE DEPARTMENT FIRE PREVENTION DIVISION Land Development Unit 5823 Rickenbacker Road Commerce , CA 90040 Telephone (323) 890-4243 , Fax (323) 890-9783 PROJECT: TTM 73565 Planner: Adam Gulick MAP DATE : August 27 , 2015 Address : 6666 Weiland Ave . THE FIRE DEPARTMENT RECOMMENDS THAT THIS PROJECT NOT TO BE APPROVED AT THIS TIME AND NOT TO PROCEED WITH THE PUBLIC HEARING PROCESS. THIS RECOMMENDATION MAYBE CHANGED WHEN ITEMS BELOW HAVE BEEN ADDRESSED . TENTATIVE MAP HOLD Submit a Fire Flow Availabil ity form, Form 195 from the closest public fire hydrant to the property line on Weiland Ave. FINAL MAP REQUIREMENTS The Final Map shall be submitted to our office for review and approval prior reco rdation. CONDITIONS OF APPROVAL Verification for compliance will be performed during the architectural plan review prior to building permit issuance. 1. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires all weather access . 2 . F ire Department apparatus access shall be extended to within 150 feet of all portions of the exterior walls of any future buildings or structures . 3. All ex is ting buildings shall provide approved address numbers . Compliance required prior to occupancy to the satisfaction of the Department of Public Works and the County of Los Angeles Fire Code . 4 . Approved building address numbers , bu il ding numbers or approved building identification shall be provided and mainta i ned 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 w ith a minimum stroke width of 0 .5 inch . Fire Code 505 .1 Reviewed by: Claudia Soiza Date : August 27 , 2015 Page 1 of 2 COUNTY OF LOS ANGELES FIRE DEPARTMENT FIRE PREVENTION DIVISION Land Develop ment Unit 5823 Rickenbacker Road Commerce , CA 90040 Telephone (323) 890 -4243 , Fax (323) 890-9783 PROJECT: TTM 73565 Planner: Adam Gulick MAP DATE : August 27 , 2015 Address : 6666 Weiland Ave . CONDITIONS OF APPROVAL-WATER 1. All hydrants shall measure 6"x 4"x 2-1 /2" brass or bronze , co nforming to current AWNA standard C503 or approved equal. 2 . The required fire flow for the public fire hydrants on this residential development is 1250 gallons per minute at 20 psi for a duration of 2 hours, over and above maximum daily domestic demand . 3 . All required publ ic fire hydrants shall be i nstalled , tested and accepted prior clearance of the Final Map . For any questions rega rdi ng the report , please contact Inspector Claudia Soiza at (323) 890-4243 or at C laud ia .So iza@fire .lacounty .gov Reviewed by : Claudia Soiza Date : August 27, 2015 Page 2 of 2 ATTACHMENT 8 COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: January 19, 2016 TO: The Honorable City Council FROM: Bryan Cook , City Manager Via : Michael D. Forbes, AICP, Community Development Director ~ Scott Reimers , Planning Manager By : Adam Gulic k, Associate Planner SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING A TENTATIVE TRACT MAP AND A MAJOR SITE PLAN REVIEW FOR A PROPOSED SIX UNIT RESIDENTIAL CONDOMINIUM AT 5556 WELLAND AVENUE RECOMMENDATION: The City Council is requested to : 1. Open the public hearing ; 2 . Accept public testimony from the applicant, appellant, and members of the public ; and 3. Adopt Resolution No . 16 -5141 (Attachment "A") finding that the project is exempt from the California Environmental Quality Act (CEQA) and approving File No . 15-210 subject to the conditions of approval. BACKGROUND: 1. On July 28 , 2015, the City received an application for a tentative tract map and major site plan review to develop six residential condominium units. 2. On September 22 , 2015 , the application was deemed complete. 3. On October 14, 2015 , the City mailed a public hearing notice to all of the property owners within 300 feet of the property and published the notice in the Temple City Tribune . City Council January 19 , 2016 Page 2 of 3 4 . On October 27, 2015, the Planning Commission held a public hearing to co n si der the matter. The Plannin g Commission unan imously approved t he proposed tentative tract map and major site plan review submitted by the app licant (see Attachm ents "8" and "C" fo r th e Planning Commiss ion staff report and minutes). 5. On November 9, 20 15, an appea l of the Planning Commission's dec ision was fi led with the City Clerk (Attac hm e nt "0"). ANALYSIS: Th e appeal was submitted specifying that the propose d deve lop ment is in violation of Section 66474 of the Subdivision Map Act, which includes seven findings th at must be met for a project to be approved . Specifically the appellant has cited the finding that states , "That the site is not physica lly suitable for the type of development." As ev idence of this fact th e appe ll ant calculated the proposed dens it y for th e project site (5556 W eiland Avenue) by also including th e land area and ex isting number of units fo r th e two adj ace nt properties . By including the two adjacent sites , th e appell an t believes t hat the prop osed density for t he developm ent at 5556 Weiland Avenue and the two adjac ent sites is 20.28 dwelling units per acre . Th e proposed residential condominium d evelopment is consistent, in t erms of density and use, with the City's Zoning Code and General Plan designations . The property is zoned R-2 , and designated Medium Density Res id e ntial in the City's General Plan . Th e General Plan allows a maximum of 12 dwelling units per acre. The density of the proposed project is 10.65 dwelling units per acre . The appellant has incorrectly ca lculated the density by including the adjacent properti es, one of which happens to be legally non-co nforming . Additi onal analysis is provided in the Plann ing Commiss ion Staff Report (Attachment "8"). The appella nt has not provided any add iti ona l evidence demonstrating that th e s ite is not physically suitable for th e type of developme nt. Ove r th e last 15 years the City has approved 25 developments on lots with th e same allowed de nsity and with similar dimensio ns. Of th ese cases , the City ha s also approved Certificates of Occupancy for 20 propertie s with a similar density. None of these sites have proven to be physically unsu ita ble for development. A site that is phys ically un suitable for development co uld include properties with severe slopes , soil compos ition that is un suitable for devel opment , located over an earthquake fault, or some other hazardous condit io n that make development of the site unsuitable . Non e of these conditions are known to exist on the property. City Council January 19, 20 16 Page 3 of 3 Based upon th e finding th at th e te ntative tract map is consistent with the land use desig nation for the site as well as the requ iremen ts o f th e Subdivision Map Act; and based upon t he f inding that the proposed de ve lopm e nt sa tisfies all applicable development st andards of th e Zoning Code and Genera l Plan ; staff recommends that th e City Council adopt Reso lution No.1 6-5141 approving File No . 15 -210, subject to co nditions of approval. CITY STRATEGIC GOALS: Upholding the Planning Commission's decision and approving the proposed development wi ll fu rther the City's Strategic Goals of Pu b li c Health and Safety , Quality of Life, a nd Sustainable Infrastructure. FISCAL IMPACT: Th is item does not have an impact o n the Fiscal Year 2015-16 City Budg et. ATTACHMENTS: A. Res o lution No . 16-5141 B. Planning Commission Staff Report C. Pla nning Commission Meeting Minute s of October 27 , 2015 D. Ap peal Form E . Tentative Tract Map No .73566 F . Development Plans ATTACHMENT A RESOLUTION NO. 16-5141 A RESOLUTION OF THE CITY CO UN CIL OF THE CITY OF TEMPLE CITY APPROVING FILE NO. 15-2 10 WHICH IN C LUDES THE TENTATI VE TRACT MAP NO . 73565 AND A SITE PLAN REVIEW FOR THE PRO PO SED SIX UN IT RESIDENT IA L CON D OM IN IUM AT 5556 WE LLAN D AVENU E. THE CITY COU NCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE : SECTION 1. Th e City Council has considered all of t he evidence submi tted into the administrative record, which includes, but is not limited to : 1. Reports and presentation of project related data and ana lys is prepared by the Community Deve lopment Department. 2. The C ity of Temple City Municipal Code , and all other applicab le regulat ions and codes . 3. Publi c co mments, writt e n and oral, received and/or subm itted at or prio r to th e public hearing, s upport ing and/or oppos i ng t he app lica nt's request. 4 . Testimony and/or comments from the applicant and its representatives submitted to the City in both written and oral form at or pri or to the public he aring . 5. A ll related documents rece iv ed and/or subm itted at or prior to the public hearing . SECTION 2 . Based on the follow ing pre f acing facts as more fully set f orth in the adm ini strative record , th e C ity Cou nci l find s that: 1. On Ju ly 28 , 2015 , th e appl ic ant sub mitted the application . 2. On September 22 , 20 15, t he application was deemed comp lete. 3. Notice of th e Octob er 14 , 2015 Planning Comm iss ion public hea ring was posted at the Cou nc il Chambers . 4. Notice of the Pl annin g Commission public hea ring was put in the newspap er at least ten (10) days prior to the hearin g . 5. Notice of the October 14 , 2015 Planning Commission was mailed to property owners w ithin 300 feet of the pr operty at least ten (1 0) days prior to the hearing . City Counci l of t he City of Temple Ci ty Resolut ion No . 16-5141 Janu ary 19, 20 16 Page 2 6. Notice of the public hearing satisfied th e noticing requirements set forth in Government Cod e Sections 65090 a nd 65091. 7 . Th e p roject site is zoned R-2 , Multiple Family Residential. 8 . The project s ite is designated Mediu m Densi ty Resid en tial by the Genera l Plan . 9. Th e app li ca nt is proposi ng to subd ivid e the site resul t ing i n a six-unit condominium deve lopm ent. 1 0. The applicant is propo sing to co nstru ct six two -story res iden tial dwellings on the s ite after th e s ub division . 11 . On Octobe r 27, 2015 at a public hea ring , the Planning Commission approved the project by a vote of 5-0. 12 . On November 9, 2015, a member of the public filed with the City Clerk a requ es t appeal ing th e Planning Co mmission 's dec ision to th e C it y Council. Th e public hearing for the appeal was subsequently schedu le d for the Council meet ing of January 19 , 2016 . 13 . Notice of the City Council public hearing was put i n the newspaper le ast ten (1 0) days prio r to th e hearing. 14 . Notice of the January 19, 2016 City Council meeting was mailed to property owners within 300 fee t of the property at least ten (1 0) days prior to the hearing . 15. Notice of th e public hearing satisfied the noticing requirements set forth in Government Code Sections 65090 and 65091. SECTION 3. Fo r th e tentati ve map , th e Ci ty Council must deny the project if it can make any of the following findings of Se ction 66474 of the Subdivision Map Act: 1. That the proposed map is not consistent with applicable general and specific plans; The proposed map will result in si x dwelling units wh ic h will be consistent with the zon ing and General Plan designat ion for the site. Th erefore such a find in g cannot be made for the project. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans ; and The sizes and dimens io ns of the condominium project , as well as th e site configuration meet all applicable regulations and standards. Th e structural City Council of the City of Temple City Resolu tion No . 16-5141 January 19, 2016 Page3 improvements comply wi t h all applicable development standards of the City . Therefore, such a find ing cannot be made for the project. 3. That the site is not physically suitable for the type of development; and The site is determined to be suitable for the proposed development. The site is relatively flat with a land area large enough for the creation of six dwelling un its. Therefore, such a finding cannot be made for the project. 4. That the site is not physically suitable for the proposed density of development; and The proposed density is 10 .6 dwelling un its per acre, fully complying with the maxi mum density of 12 dwelling un its per acre allowed by the General Plan. Therefore , such a finding cannot be made for the project. 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 tentative tract map does not cause environmental damage or injure fish or wildlife because it is an in -fill development project. There are no existing environmental or wildlife condi ti ons that could potentially be harmed by this project. Based on the initial study , this project is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15303 for New Construction or Conversion of Small Structures and Section 15332 for In-F i ll Development projects as provided by the CEQA Guidelines . Therefore, such a finding cannot be made for the project. 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 does not expose persons to health hazardous causes . Therefore, such a fi nding cannot be made for the project. 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 subdivi sion . 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 legislati ve body to determine that the public at large has City Coun ci l of the City of Temp le City Reso lution No . 16-5 141 January 19, 2016 Page 4 acquired easements for access through or use of property within the proposed subdivision. The des ign of th e tentative tract map is re qu ired to comply with a ll th e conditio ns developed by th e City's Engin eer to address t he use of existing public easements and future easements dedication . Th e fi n al map review and approval is conti n ge nt on the comp lian ce with such co nditions . Therefore , such a f inding cannot be made for the proj ect. SECTION 4. Based upon a pub lic hea ring for the site plan review , the City Council finds : 1. The construction complies with all applicable provisions of this Zoning Code. The p ro posed tentative tract map is cons istent with al l app li ca bl e provisions of the Zon ing Code wh ich includes the standards of deve lopm en t for multi-fam ily use in the R-2 zo ne . Th eref ore, 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. Th e proposed t en tative tract map is cons istent with the General Plan i n th at the proposed project density is six un its or 10 .6 units per acre and th e proposed use is a multi-family use which is cons istent with the medium density res id ential des ign ation . The des ign of th e constructi on has been rev iewe d and is found to com pl y wi th th e Design Gu id elines of the Zoning Code . Th erefor e, the project meets th is finding . 3. The approval of the site plan review is in compliance with the California Environmental Quality Act (CEQA). The approval of the si t e plan review is in compliance with the California Environmental Quality Act (CEQA) th e project is categorically exempt fro m CEQA pursuant to Section 15 303 New Construction or Conversion of Smal l Structures and Section 153 32 In -Fill Development Projects of the CEQA Guidelines. Th erefore, th e project meets this f inding . 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 . C ity Council of the C ity of Temple City Resolution No. 16-5 14 1 Jan uary 19 , 2016 Page 5 The sca le and appearance of the six proposed units have bee n revie wed and have been found to be compa tibl e with th e surrounding neighborhood. There are several ex istin g condominium developments on Weiland Avenue , as well as existing multi- family residential developments on Santa Anita Aven ue (eas t of the site). The des ign of the structures are found to comply with the provisions contained in the Design Guidelines of the Zoning Code. Th e applicant is req uired to submit a landscape plan to demonstrate that permeable and landscaped areas are prov ided to th e extent possible. T herefore, the project meets th is fin ding . 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 is large enough to accommodate six dwelling units. The proposed deve lopme nt provides adequat e area to suppo rt th e prop osed den si ty, required yard areas , parking requirements , and other development features. Therefore, th e project meets this f inding . SECTION 5. This project is found to have no sig nifica nt effects up on th e environment, and is Categorically Exempt from en vironm ental review per CEQA Guidelines , §153 03 (New Construction and Co nversio n of Sma ll Structures) and §15332 (In-f ill Deve lopm ent Projects). SECTION 6. Accordingly, File 15-21 0 a nd Tentative Tract Map 73565 is approved, s ubject to th e following cond it ions: FINAL MAP REQUIREMENTS 1. A f inal tract map p repared by or under th e direction of a regi stered civi l eng i nee r or lice ns ed land surveyor shall be submitted to and app roved by the City of Temple City prior to be ing filed with the Los Angeles County Recorder. 2. A soils report is required. 3. A preliminary tract map guarantee shall be prov ided which indicates all t rust deeds (to in clude the name of the trustee), all easeme nt holders , all fee interest hold ers , and all interest holders whose in tere st could resul t in a fee . The account fo r th is title report shall rema in open until the final t ract map is fil ed with th e Los Angeles County Recorder. 4. Easements shall not be granted o r recorded within any area propos ed to be ded icated , offered for dedication, or granted for use as a public street, alley , h ighway, rig ht of access , bu i ldi ng rest ri ction , or other easements unti l after City Council of the Ci ty of Temple City Resolutio n No. 16-514 1 January 19 , 2016 Page6 the fin a l tract map is approved by th e City of Temple C ity and filed with t he Los Angeles County Recorder; unless such easeme nt is subo rd inated to th e proposed dedication or grant. If easements are granted after the date of tentative approval , a subordination shall be executed by the easement ho lder prior t o the filin g of the final tract map. 5. Monume ntation of tract map boundaries , street cen terlines , and lot boundaries is required if the map is based on a field survey. 6. A ll con ditions f rom City of Temp le Ci ty Depa rtm en t s and Divisions sha ll be incorporated into the t ra ct map pr ior to sub mitting the t ract map for review. 7 . In accordance wit h Ca liforni a Government Code Sections 66442 and/or 66450, do cumentation sha ll be provided ind icating the mathematical accuracy and s urvey ana lysis of the t ract map and th e correctness of all certificates. Proof of owne rship and proof of original signatures shall als o be pro vided . 8. Proof of Tax clearance sha ll be provided at the t ime of tra ct map review sub mitta l. 9 . Up on submittal of th e tract map for review by the City of Temple City , a lette r signed by both the subdivider and the eng ineer shall be provided which indicates that these indi vidua ls agre e to sub mit one (1) set of blueprints , one sep ia myla r, a nd PDF copy on a CD of t he recorded map to th e City of T em ple Ci ty Pub lic Works Department. PLANNING 1 0 . Th e applicant and property owners , and their succes sors in interest, shall in demnify and defend the City of Temple City and its officers, employees and agen ts from and against all liabil ity and costs relating t o th e City 's actions concernin g this project, includin g (wi thout lim ita ti on) any award of liti gatio n expe nses in fa vor of any person or entity wh o see ks to challe ng e the validity of any of the City's actions or dec isions in connection with this project. The City sha ll have the sole right to choo se its counsel and property owners sha ll reimbu rse th e City's expenses incurred in its defenses of any lawsuit challengi ng th e Cit y's act ions co ncerning this proj ect. 11 . Prior to approval of the final map , the following shall be submitted to and approved by the Ci ty of Temple City unless specifica lly waive d : a . Public Impro vement Es ti mates and Surety Bonds b . Final Map c . Landscape and Irr iga ti on Plan City Counci l of the City of Temple City Reso lution No. 16-5141 January 19 , 2016 Page? 12 . The subdivision shall be in substantial compliance with the architectural plans submitted on May 22, 2015 and the tentative tract map submitted on July 28, 2015, except as modified hereinafter. Planning staff will continue to work with the designer with some pending design features (i.e ., recessed front door for the front unit, front porch for the rear units, moulding and trim detai ls, etc.). The des ign features shall be subject to the approval of the Community Deve lopment Director. 13 . No building permits shall be issued until the final map has been reco rded. Demolition permits for site clearance and grading permits may be issued at any time. 14. A detailed landscape and irrigation plan shall be submitted and approved by the City. At least two trees shall be provided for each dwelling unit. Said trees shall be no less than twenty-four inch (24") box-size specimen trees . At least one of the required tree shall .be located in the front yard , between the front unit and the front property line . In addition , the project is requ i red to provide "grasscrete", turf block, or landscape pavers to the extent possible so as to increase the permeable/landscaped areas . 15. The project is subject to the requirements of the City's Low Impact Development Standards . 16. A chain link security fencing six (6) feet in height shall be installed around the site prior to the demolition of existing st ructures. Any unoccupied structure shall be boarded and fenced so as to prevent vandalism . 17 . A screening wall shall be constructed around the perimeter of the site provided that said wall does not interfere with the natural flow of drainage ; said wall shall consist of solid decorative block fencing which does not disrupt or alter the drainage pattern . Any new block wall shall be slump stone , spl it face or stucco-over CMU block. Chain link or wood fenc ing shall not be allowed . The maximum fence or wall height shall be six (6) feet along the s ides or rear property lines . 18 . A bu i lding perm it shall be obta ined for the construction of any new wall or fence. Any existing wall or fence may be maintained , if deemed acceptable by the City 's Building Inspector. Prior to the installation of any new wall or fence, No new wall or fence shall block contributory drainage from adjacent properties or interfere w ith the natural dra i nage pattern . No weep holes or open head joints is allowed on the southerly and easterly perimeter walls . 19 . Any proposed pe ri meter fence for the development shall comply with the regulations of the Zoning Code . City Counci l of t he City of Te mpl e C ity Resolutio n No. 16-51 41 January 19, 2016 Pa ge 8 20 . The applicanUproperty owner shall ma intain the subject property after this date and until start of construction and until the project is comp leted to be free of weeds, debris, trash or any other offensive , unhealthfu l and dangerous material. If after five days notice by cert ified mail , the developer does not comply with the before -mentioned crite rion , the City Counc il may vo id the Conditional Use Pe rm it, Tentative Map, Bu il ding Permits , etc . and/or enter the subj ect property with C ity forces and remove all subje ct violations , bill the applicant and/or put a lien on the subje ct property. 21 . Noise shall not exceed the limit s of the City's noise ordinance. During any demolition and/or construct ion, noise will be controlled by limiting work from 7:00 a .m. to 7 :00 p.m. on the si te , and requiring all trucks and motorized equip me nt to have properly operating mufflers. 22 . The Park Development fee of $500 per dwelling in the total amount of $3 ,000 and the Sewer Recons truc t ion fee of $25 ,000 shall be paid to the City of Temple City prior to the issuance of building permits f or any new construction . 23 . As provided for in Government Code Section 66020, applicant has ninety days from the date this project is approved to protest the impo sition of any fees, dedications , reservations , or exactions imposed on the project for the purposes of defraying the costs of pub l ic improvements, services , or amenities . This cond ition shal l serve as the notice the City is required to provide applicant under GC Section 66020(d)(1 ). 24 . All windows shall be doub le pan e to mitigate noise impacts and assist in energy conservation. 25 . The six dwelling units shall be provided with a mechanical ventilat ion system designed to att ain enhanced a ir f iltration with the use of air filters that have a filtration efficiency equ ivalent to a minimum efficiency reporting value (MERV) of 14 or highe r as dete rmined by tes tin g methods established by the American Society Of Heating, Refrigerating And Air-Cond ition ing Eng ineers (AS HRAE) standard 52.2 , as periodically amended . All such vent ilation system equipment and air filters shall be installed , operated, maintained and replaced in a manner consistent with applicable bu ilding code requirements and with the manufacturer's specifications and recommendations. Alternative air pollution mitigation measures (e.g ., setbacks , landscaped buffers, etc.) may be utilized where feasible if th ey can be shown to have a mitigati ng effect that is equal to or greater than th e enhanced a ir filtration measures specified herein. (Ord . 13-972) 26. Prior to approva l of the final map or the issuan ce of grading permits and bu ilding permits , a precise grading and dra i nage plan must be subm itted and approved to : City Council of the City of Temp le City Resolutio n No . 16-5141 January 19, 2016 a . Eliminate sheet overflow and pend ing . b . Demonst rate that the site will be f ree of flood hazard. c. Provide fo r contributory drainage from adjoining properties. d . Provide fo r the proper distribution of drainage . Page 9 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 flows into the Eaton Wash . f . Provide for iss uance of posting a bond for the perimeter block wall. g . Minimize change in the existing grade unless war ranted 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 . 27 . Heating and air conditioning equ ipment shall be located so as not to be visible from public streets or adjacent properties in order to avoid disturbing adjacent tenants or property owners with noise or exhaust. 28 . That a method for continual maintenance of the private street and common area shall be provided in the Covenants, Conditions and Restrictions (CC&R's) and that this document shall incorporate maintenance provisions for sidewalks and the private street, drainage devices and other utility lines in the private street and or common area , and all yard areas as determined by the City to be common yard areas. Specifically, the CC&R's shall state the following : a) "no vehicular access gates shall be installed across the private street" b) "the City of Temple City and L.A . County Sheriff's Department shall have the authorization to fully enforce the prohibition of overnight parking w ithout a permit in the private street , including issuing citations and towing of vehicles parked . (c) "these CC&R 's shall not be changed or modified without the written consent of the City of Temple City". The CC&R's and provis ions contained therein shall be subject to the review and approval of the City Attorney prior to approval of the Final Map . 29 . A Street Improvement Plan shall be reviewed and ap p roved prior to the approval of the F inal Map . The Street Improvement Plan shall include a five- foot sidewalk along the private street, street lighting plans, curb and gutters , and other improvements as deemed necessary by the City Eng ineer. 30. Build ing construction plans for the development shal l include a blue-line sheet(s) showing each page of this resolution, including all cond itions of approval contained herein. 31 . All existing structures on the subject site shall be removed pr ior to recordation of the fi nal map. City Counci l of the City of Temple City Res ol ution No. 16-5141 January 19 , 2016 Page 10 32. Prior to the f ina l map approval, the subdivider shall submit a request to the Community Development Department for the addresses for each of the dwe llin g units . 33 . Prior to th e issuance of the Certificate of Occupancy , the street name sign(s) shall be installed for the private street at the location determined by the Public Works Div is ion of the City . 34 . Reserve reciprocal ease ments for d rainage, ing ress/egress, sewer, water, utilities, right to grade , and maintenance purpos es, etc., in documents over the common p rivate street to the satisfaction of the City Engineer. The repair and maintenance of the uti lities within the said reciprocal easements shall be the so le responsibility of the Home Owner Association . 35 . The conditions of approval contained in this Res olution may be enforced by the Sheriff's Offi ce as we l l as City staff. Any vio latio n of any cond ition is a m isdemeanor and may be processed directly by criminal complain t. 36 . No building permits shall be issued until the final map has been recorded . Demolition permits for site clearance, if app licable, must be finaled prior to final map and grading permits may also be issued after tentative map approval. 37. There sha ll be installed a separate water, gas, and electr ic meter for each dwelling unit, as well as a separate meter for common irrigation, if app licable. 38 . Proof of Ta x clearance sha ll be prov ided at the time of f ina l map review submittal. 39. Prior to issuance of Certificate of Occupancy, building address numbers shall be approved by the City and submitted to LACFD . 40 . Upon su bmitt al of the f inal map for rev iew by the C ity, a letter signed by both the subdivide r and the engineer shall be provided wh ich indicates that these individuals agree to submit f ive (5) blueprints and one sep i a mylar of the recorded map to the City Pub lic Wo rks Div ision . 41. That this tentativ e map sha ll expire 24 months from the date of approval. 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 t ime on the approva l of the map . The Map may be extended fo r up to five (5) years from the date of app rova l, at th e discretion of the granting body. City Council of the City of T emple C ity Resolution No. 16-5141 Janu ary 19, 2016 ENGINEERING Page 1 1 42. School Deve lopmental Fees shall be pa id to th e School District prior to the issuance of the bu ilding permit . 43 . Fees shall be pa id to th e County of Lo s Ange les Sanitation Di strict prior to issua nce of the build ing permit. 44 . An application to ass ign building num bers shall b e filed with Building Divis ion prior to plan c he ck su bmittal. 45 . In accordance with paragraph 5538(b) of the California Business and Professions Code , plans are to be prepared and stamped by a licensed arch itect. 46 . St ructura l cal c ulati ons prepared under the direction of an arch ite ct , ci v il engineer or structural engineer sha ll be provided . 4 7 . A geotechnical and soils invest igation report is requ ired, the duties of the so ils en gin ee r of record , as indicated on the firs t sheet of the approved plans , shall include the following : a. Observation of cleared areas and be nches prepared to receive f ill ; b . Observation of the removal of all uns ui ta ble soils and other materials ; c. The approval of soils to be used as fill materia l; d . Insp ection of compactio n and placement of fill ; e . Th e testing of compacted fills ; and f . T he insp ection of review of drainage devices. 48 . The owner shall re ta in the soils eng in eer preparing the Preliminary Soils and/or Geotechn ic al Investigation accepted by th e C ity for observation of all grading , site preparation , and compaction testing. Observation and testing sha ll 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 P re lim inary Soi ls and/or Geotechnicallnvestigation . 49. Prior to permit issuance the PDF copy of th e soils report s hall be provided by t he applicant. 50 . A gra ding and dra inage plan shall be approved prior to issuance of the bu ilding permit . Th e grad i ng and d ra in age plan shall indicate how all storm drainage including contributory drainage from adjacent lots is carried to the public way or d rainage structure approved to receive storm wa ter. City Council of the City of Temple City Resolution No . 16-5141 January 19 , 20 16 Pag e 12 51. The building permit wi ll not be is sued unti l th e property has been surveyed and the boundaries marked by a land s urveyor lice nsed by the State of Californ ia. 52 . Found ation inspecti on will not be mad e until the exca vation has been surveye d and th e depth and lo ca t ion of th e footing s has been determi ned to be in accordance w ith the approved p la ns by a land surveyor licens ed by the State of California . TH IS NOTE IS TO BE PLACED ON THE FOUNDATION PLAN IN A PROMINENT LOCATION . 53 . Project shall co mply with th e Ca iG re en Res idential requirements . 54 . Demolition permit is required fo r any existing buildings which are to be demolished. 55. All fi re s prinkl er hangers must be designed and their location approved by an engineer or an architect. Calculations must be provided indicating that th e hang e rs are designed t o carry th e trib utary weight of the water filled pipe plus a 250 poun d point load. A plan indi cati ng th is information must be stamped by the eng ineer or th e archite ct a nd submitted for approva l prio r to issuance of th e building permit. 56 . Sep arate permi t is required for F ire Sprinklers . 57. Building perm its sha ll not be issued until th e fina l m ap has been prepared to t he satisfaction of th e Building Offici al. THE FOLLOWING ARE GENERAL REQUIREMENTS: 58. The initial plan check fee will cover th e initial plan check a nd one re chec k only. Additional review req uired beyond the first rech eck shall be paid for on an hourly ba s is in accorda nc e with th e curre nt fee sched ul e . 59. The second sheet of bui ld ing pla ns is to list all condi tio ns of approval and to in clu de a copy of the Planning Commission Decision letter. This information shall be incorp orated into the pla ns prior to the first subm ittal for plan ch eck. 60 . South Coast Air Qual ity Managem ent District mu st be co ntacted prior to any demolition or renovation . Call (909) 396-200 0 for f urther information . Fa ilu re to comply with the pr ovisions of Rule 140 3 may result i n a penalty of up to $2 5 ,000 per day. City Council of the City of Temple City Resolut ion No . 16-5141 January 19, 2016 Page 13 61. 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 indicating this information must be stamped by the engineer or the architect and submitted for approval prior to issuance of the building permit. 62. A geotechnical and soils investigation report is/will be provided for any of the following conditions: a. A tract or parcel map is being processed as part of the development. b. The allowable soil bearing pressure used for the foundation design exceeds 1,500 pounds per square foot. c. Subterranean work which is deeper than three feet at any point measured from the top of adjacent grade . d . Unusual soils conditions are encountered which effect the design or stability of the structure. 63 . Where a soils 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 f ill; 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 . 64. 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 . 65. 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. City Cou ncil o f the City of Tem pl e C ity Resolution No . 16-51 41 January 19, 20 16 PUBLIC WORKS ENGINEERING FEES: Page 14 66. Prior to issuan ce of grad in g, build ing or other permits as appropriate , the applican t shall pay all necess ary fees to the Ci ty . 67 . A separa te publ ic works permit and payment of fee is requ i red for all work in the pu bli c right -of-way . OFF-SITE IMPROVEMENTS REQUIREMENTS IN PUBLIC RIGHT-OF-WAY: 68 . Separate plans for improvements within the pub li c righ t-of-w ay are not requ i red. However, prior t o issuance of a bui lding and/or grading pe rmit , all necessary improvements within the public right-of-way sha ll be shown on build ing and on grading plans in accordance with establis hed City standards or as directed by the City Engineer and/or h is/her des ignee . THE FOLLOWING ARE REQUIRED FOR THE OFF-SITE IMPROVEMENTS : 69 . Install new driveway approach on Weiland Avenue in accordance with SPPWC as directed by the City Engineer or his/h er designee . 70. Close existing driveway apron , and install necessary improvements (parkway, l an dscape , sidewalk, curb and gutte r, any others as applicable) to match required adjacent sections , and as directed by the City Engine e r or his/her designee . 71 . Install new concrete sidewa lk along the length of the property f rontage in acco rda nce with SPPWC Standard Plan 113-2 , and as directed by the C ity Eng in eer and/or his/her designee . 72 . Remove and replace broken an d off grade curb and gutter in accordance with SPPWC Standard Plan 120-2 , and as directed by the City Engineer or his/her designee. 73. Rehabi litate existi ng AC street pavement along the length of the property fron ta ge to t he centerl ine of the street as ind icated below, and as directed by the City Eng ineer or his/her desig nee : a . Pay in-li eu fee in t he amount of $7,100 .00 for th e requ ired rehabi litation work to th e City . City wi ll use the in-lieu fees in the future for street rehab i litations as necessary . 74 . Wate r meters sha ll not be located in th e side walk as directed by the City Engineer or his/h er designee . If applicab le , re locate exis ting water meter. 75 . Und erground all services to the property . C ity Counci l of the C ity of Temple C ity Resolut ion No. 16 -514 1 Jan uary 19, 2016 Pag e 15 THE FOLLOWING ARE GENERAL REQUIREMENTS FOR OFF-SITE IMPROVEMENTS: 76 . All improvements are to be designed , ins talled and co mp le ted at the sole expense of th e applicant/deve loper/property owner. 77 . The appl icant/developer/property owner shall design and construct the improvements to the satisfaction and approval of the City Engineer or his/her designee. 78 . All work sha ll be done in accordance with Standard Plans for Public Works Construction (S PPWC), and/or as directed by the City Engineer or his/her designee . 79 . Project shall meet all requirem ents of the National Pollutant Discharge Elim ination System (NPDES) related to pollutants; runoff or non-stormwater discharges . 80 . All existing damaged or off-grade curb, gutter and sidewa lk shall be removed and rep la ced as directed by th e City Engineer or his/her designee . 81 . Any exist in g improvements damaged or made off-grade during construction, shall be removed and rep la ced in accordance with appropriate standards, and as directed by the C ity Eng in eer or his/her designee . 82 . Bench Marks , Center Line T ies, and any other Survey Monumentation , shall be estab l ished and/or rep l aced accordingly at the completion of the project. 83 . When required , existing street pavement shall be rehabilitated along th e length of th e property frontage to the center line of th e street and as directed by the City Engineer or his/her designee : 84 . All new driveways shall be according to SPPWC S tandard Plan 110-2 , Type B or C w ith the minimum width established by Plan ni ng and/or Los Angeles County Fire Department. 85 . All existing noncomplying driveway aprons sha ll be constructed in accordance with applicable SPPWC sta nd ards. 86 . Top of driveway apron X shall be 5 feet minimum from any trees , power poles , traffic signal con t rollers , electric services or similar improvements in the publi c right of way . City Council of the City of Temple Cit y Resolut ion No. 16-5141 January 19, 2016 Page 16 87. When required , all ex is ti ng driveways aprons to be closed shall be removed and replaced with necessary im provements (parkway , landscap e, sidewalk , curb and gutter, any others as app l icable) to match required adjacent sectio ns, and as d i rected by th e City Engineer or his/her designee . 88. All ex isti ng an d proposed utilities s hall be co nve yed t o the site underground. 89. New street li ghts shall match exis ting st reet ligh t standards in the street block, and as directed by th e City Engineer or his/her designee. If required by City, a bond shall be provided for required Public Improvements. Bond Cost for the Public Improvements shall be calculated based on latest cost unit prices adopted by the County of Los Angeles. FIRE PROTECTION 90. Access as noted on the Tentative and t he Exhibit Maps shall comply with T it le 21 (County of Los Angeles Subdivision Code) and Section 503 of the Titl e 32 (County of Los Ang ele s Fi re Code), which requires all weather access. 91 . F ire Department appara tu s access sha ll be extended to within 150 feet of all portions of the ex t erior walls of any f uture buildings or structures . Verification for compliance w ill be performed during the architectura l plan rev iew prior t o building permit issuance. 92. All ex isting buildings shal l provide approve d address numb ers. Comp liance required prio r to occupancy to the satisfaction of the Department of Public Works and th e County of Lo s Angeles Fire Code. 93. Access as noted on the Tentative and the Exhibit Maps shall comply wi t h Titl e 2 1 (County of Los Angeles Subdivision Code) and Sectio n 503 of the T itle 32 (County of Los Angeles Fire Code), wh ich requires a ll weather access. 94 . All proposed st reets with in thi s develop ment shall provide approved street names a nd signs . All futu re bui ldi ngs shall prov id e approved address numbers. Compliance required prior to occupancy to the satisfaction of the C ity of Temple Ci ty, Public Works and the County of Los Angeles Fire Code . 95 . Provide a minimum unobst ruc ted width of 20 feet, exclus ive of shou lders, excep t for approved sec urity gates in accordance with Sectio n 503.6, and an unobstructed vertical clea rance "clear to sky" Fire Department vehicular access to wi t hin 150 feet of a ll portions of the exterior wa lls of the first story of the build ing, as measured by an approved route around the ex t erior of the building. Fire Code 503.1.1 & 503.2.1 . City Council of the City of Temple City Resolution No. 16-5141 January 19, 2016 Page 17 96. The Final Map shall be submitted to our office for review and approval prior recordation . 97 . Fire Department vehicular access roads must be installed and mainta ined in a serviceable manner prior to and during the time of construction . Fire Code 501.4. 98. Multiple residential buildings having entrances to individual units not visible from the street or road shall have unit numbers displayed in groups for all units within each structure . Such numbers may be grouped on the wall of the structure or mounted on a post independent of the structure and shall be posit ioned to be pla i nly visible from the street or road as required by Fire Code 505.3 and in accordance with F ire Code 505 .1. 99 . All hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. 100. The required f ire flow for the public f ire hydrants on this residential development is 1.250 gallons per minute at 20 psi for a duration of 2 hours, over and above maximum daily domestic demand . 101 . Vehicular access must be provided and maintained serv iceable throughout const ruction to all required fire hydrants . All required fire hydrants shall be installed, tested , and accepted prior to construction . 102. All proposed structures shall be equ ipped with fire sprinkler systems that are designed and maintained in accordance with NFPA 13D. 1 03. This project requ ires an additional review by the Fire Prevention Engineering Unit during the Bu il ding Plan Check phase . SECTION 6. The City Clerk shall certify to the adoption of this Resolution . PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF JANUARY, 2015. MAYOR City Council of the City of Temple City Resolut ion No. 16-5 141 January 19, 2016 ATTEST: C ITY CLERK Page 18 I hereby certify t hat th e f oregoing Resolution , Resolu ti on N o. 16-5141 , was adopted by the City Council of t he City of Temple City at a regu lar meeting held on the 191h of January, 2016 , by the fo ll owing vote : AYES : Counc il Members : N OES : Co unc il Members : ABSE NT: Co unc il Members : .------------------ Planning Commission Staff Repo rt October 27, 2015 Item: 7A FILE: 15-210 ADDRESS : 5556 We il and Avenue ATTACHMENT B DESCRIPTION: A tentative tract map and a major site plan review to allow the construct ion of six condom in ium un its in the R-2 zone. APPLICANT: Jack Lee (project eng inee r) PROJECT PLANNER: Adam Gulick, Associate Planner ENVIRO N MENTAL REVIEW: This project is exempt from the California En vi ronmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures) an d Sect ion 15332 (In-fill Development Projects) of the CEQA Guide lines. RECOMMENDATION : Adopt the attached resolution finding that the project is exempt from CEQA and approving File 15 -210 subject to the proposed cond i t ions of approval. SUMMARY: Th is application's proposal is for a tentative tract map and major site plan review for a residenti al condominium development consisting of six units. In reviewing the application, staff has identified and ana lyzed the foll owing issues: • Cons istency with the General Plan designation • Compliance with t he deve l opment standards of the Zoning Ordinance • Compliance with t he Su bdivision Map Act October 27, 2015 Planning Com mission Meeti ng Staff Report -Item No. 7A File 1 5-210, Tentative Tra ct Map and Major Si te Plan Review EXISTING CONDITIONS : Cross Street General Plan Designation Zoning Property Di mension and Size Live Oak Avenue Medi um Density Residentia l R-2, Light-Multiple Residenti al 81.99 feet wide by 300.13 feet deep 24,608 square feet or 0.565 Acres Current Development One single-family residence and a detached garage Existing Entit lements None Street Class ification and Width The property is accessed from Weiland Avenue, a public street that has a 60-foot r ight-of-way and 36 feet of roadway. Surround ing North R-2, M ul ti ple-Fami ly Res identia l Nei ghborhood South R-2, Multiple-Family Residential East R-2, Multiple-Family Residential West R-2, Multiple-Family Res identi al PROPOSED PROJECT INFORMATION : The applicant i s requesting to develop six detached two-story condominium units with attached garages. The p r oject will consist of two f loor plans, 1,739 and 1,595 square feet of living area . Both f loor plans consisting of four bedrooms and three full bathrooms. ANALYSIS: 1. The Subdivision: The proposed tentative map is consisten t, in terms of density and use , with the City's Zoning Code and Genera l Plan designations. The site is zoned for multi p le-family res i dences with the maximum density allowed by the Genera l Pl an as 12 dwellings un its per acre . The tract map will resu lt in si x con dominium units w ith a proposed density of 10 dwelling units per acre, complying wi t h such a land use designation . Access i s from Weila nd Avenue, which has 36 feet of roadway and is considere d adequate to accommodate the traffic generated by the project. The City Engineer has preliminari ly reviewed the tentative map. Cond itions have been recommended for water, sewer, cab le and communica tion services, drainage de si gn, soi l qual ity, grading desig ns, and etc. Detailed drainage design, so il quality, and public improvement plans are required before the fina l map approval. The final map will also be reviewed for com pliance w ith the State Subdivis ion Map Act. Staff the refore recommends that the Planning Comm iss ion approve the tentat ive tract map. Page 2 October 27, 201 5 Planning Commissi on Meeting Staff Report -Item No. 7 A File 15-210, Ten t at ive Tra ct Map an d M aj or Si te Plan Re vi ew 2. Compliance w ith Development Standards: The site plan features a 25 -foot driveway along the southe rn porti on of the lot. The front unit will have the front door facing Weiland Avenue with the rest of units facing the driveway easement. The p roject has been reviewed in light of the applicable development standards . The figure below provides the summary of the p roposed Floor Area Ratio, the Lot Coverage, and the Permeable Lot Coverage for the project. The zoning minimum/maximum standards are provided for a comparison. Proposed 12,286 square feet or 49 .94 percent 33 .62 percent 46 .5 percent Zoning Standards 50 percent (max i mum) 50 percent (max imum) 40 percen t (m inimum) Minimum/Maximum 3. Si t e Access/C ircu lation : Ve hi cular access to the site will be taken from Weiland Avenue . Weiland Avenue is a co ll ector street which has a right-of-way of 60 feet and a roadway of 36 feet The street is considered adequate for the types and volumes of the traffic that will be generated by the project. 4. Landscap ing: There is a total of 7,262 square feet (29.5 percent) of landscape area and more than 738 square feet of private yard space per un it. The conceptual lands cap ing plan illustrates that there will be newly planted trees and shrubs on the project site . A final landscaping and irrigation plan is required prior to the final map recordation (Attachment "A", cond it i on 11). The project meets all of the open space and landscaping requ irements . 5. Utilities (drainage, sewer): The tentative map has been forwarded to the loca l water, gas, and electrical suppliers. "Will serve letters" are required for the project to ensure av ailability of the services. For the dra i nage design a condition of approval has been recommended which requires that the drai nage design for the p roject retain the exi sting grade to the extent feas i ble (Att achment "A", condition 26). Such a cond it i o n will ensure th at the project w ill not drastically alter t he existing grade in the areas abutting the adjacent properties. To enhance the permeability level within the subdivision, the project is requ '1red to comply with the City's Low Impact Development Standards (Attachment "A", condition 15). 6. Other: Necessary public and private improvements pertaini ng to the subdivision have been conditioned in the attached reso lution (Attachment "A"). Page 3 ,------------------ October 27, 2015 Planning Commission Meeting Staff Report -Item N o. 7 A File 15-210, Te ntative Tract Map and Major Site Plan Review REQUIRED FINDINGS : The required findings are provided in the attached resolution (Attachment "A") in accordance with Section 66474 of the Subdivision Map Act for t he tentative tract map, and in accordance with the provisions in 9-1F-11, Burden of Proof, of the Temple City Municipal Code for a Conditi onal Use Perm i t. ENVIRONMENTAL REVIEW: Staff has determined that this project is exempt from the California Envi ronmental Qua lity Act (CEQA) pursu ant to Section 15303 (New Construction or Con vers ion of Small Structures) and Sec t ion 153 32 (l n - f ill Development Projects) of the CEQA Guidelines. CONDITIONS OF APPROVAL : The recommended condi t ions of approval are conta i ned in the attached resolut i on (Attachment "A''). ATTACHMENTS : A: Planning Co m m ission Reso lution B: Ten t ative Tract Map C: Appl ication and Development Pl ans D: Photographs of site and su rrou nd ing area E: Area Zoning F: Aerial Photo Page 4 PLANNING CO MMISSION TE MPLE CITY, CALIFORNIA REGULAR M EETING OCTOBE R 27, 201 5-7:30P.M. 1. CAL L TO ORDER -Chairman O'Leary ATTACHM E NT C 2. RO LL CAL L -Commiss ioner Cordes, Leung , Marston, Haddad, O 'Leary PRESENT: Commiss ioner-Cordes , Leu n g, Marston , Haddad, O'Leary ABSENT: Commissioner-None ALSO PRESENT : Planning Manager Reimers, City Attorney Murphy , Asso c iate Planner Gu lick, and Planning Secretary Venters 3. P L EDGE OF ALLEG IA N CE 4 . PRESENTATIONS 5 . PUBLIC COMMEN T S ON ITE MS NOT LISTED ON THE AGENDA -None 6. CONSENT CALENDAR The Planning Commission is requested to review and approve: 1) Minutes of the Plann ing Comm ission Meeting of Septembe r 22 , 2015. Commissioner Haddad moved to approve the C o nsent Calendar. Seconded by Commissioner Marston and was approved unanimously by the following votes : AYES : ABSTAI N: NOES: ABSENT: Commissioner-Leung , Marston , Haddad , O 'Leary Commiss i oner-Cordes C o mmissioner-Non e Commissioner-None 7 . PUBLI C HEARING A . A tentat ive tract map and a major site plan review to const ruct six condominium units locat ed at 5556 Weiland Avenue . The subject site is a request for a tentative tract map and a major site plan review to constr uct six detached two -story condominium units with attached garages at 5556 We il and Avenue . The project will consist of two floor plans (1 ,739 and 1 ,595 Planning Commiss ion Minutes October 27, 2015 Page 2 of 4 square feet of living area), both consis t ing of fou r bedrooms and three ba th rooms. The site plan fea tu res a 25-foot driveway ease ment alo ng the southerly portion of th e lot. The front unit will fa ce Weiland Avenue and the remain in g five units will fa ce the driveway ease me nt. The property is loca ted in the R-2 zone , and is des ignated as Medium Density Residentia l by th e Ci t y's Ge neral Plan . Associate Planner Gu li ck gave a brief s ummary of the st aff report. Chairma n O'Leary opened the public hearing. Kamen La i , project designer, sta ted that the pro posed development is consis tent with t he surrounding neig hborh ood . He is willing to comply with th e conditions of approval. Cha i rman O'Leary close d the public hearing. Co mmissioner Le un g made a motion to approve File 15-210, ado pt th e resolution , and fi nd that the p roj ect is categorically exempt. Seconded by Commissioner H ad dad and carried by the follow ing roll call vote : AYES: ABS TAIN : NOES : ABSE NT: Commiss ioner-Cordes, Le ung , Marston , Had dad , O'Leary Commissioner-None Com mission e r -None Commissioner -None 8. UNFINISHED BUSINESS -Non e 9. NEW BUSINESS -None 10 . COMMUNICATIONS A . Re port f o r a Zoning Code Inte rpreta tion rega rding Ca lcu lati o n of Demol iti on. Plann ing Manager Reimers provided various examples o f structural modifications that qua lify a s a demolition. He then explai ned how demolition is calc ulated . Mr. Re im e rs furth er briefed th e Commission rega rd ing an address that the abovementioned interpretation would effect. He stated that a p roperty owner applied to remodel and demolish a po rti on of th eir residence, however the applicant's ca lculation diffe rs from staff's ca lc ulation for demolition . City Attorney M urph y ad vi se d that if t he Co mmission desires to hold a public hearing staff wo ul d need to p rovid e furth er info rmat ion regarding th e City's code for demo lition, the history of th e project, and th e scope of work . Chairman O 'Leary opened th e item for publi c comment. Planning Co mmission Minutes October 27 , 2015 Pa ge 3 of 4 Thomas So ng, repres entative, presented material to th e Planning Commission to support his opinion . He stated that he does not consider reducing th e size of a wi ndow a demolition . Jackie Tsang , represe ntative, presented material to the Planning Commission to support his interpretation of the code . City Attorney Murphy stated that th e property in qu est ion is leg a l non conforming. He clarified that at certa in th reshold s of co nstructi on the entire property is required to be brought into compliance . The Planning Com mission has th e option to either rec eive and file staff's interp retation of the Code or call for a revi ew of the Co de in a public hea ring forum . Cha irman O'Leary closed the item fo r public comment. Com mi ss ion er Cordes made a motion to recei ve and fi le staff's interpreta tion of the Zoning Code regarding calculation f or demolition . Seconded by Chairman O'Leary and carried by th e follow ing vo te : AYES: ABSTAIN : NOES: ABSE NT: Commissioner-Cordes , Haddad , O'Leary Co mmissioner -None Comm issioner -Leung, Marston Commissioner-None Comm is s ion e r Hadd ad moved to hav e th e Planning Commission as a highe r body call for review staff's in te rpretat ion of th e Zon ing Code regarding calculation fo r demolition. Second ed by Commiss ion e r Leung and carrie d by the follo w ing vote: AYES : A BSTAI N: NOES : ABSENT: Co mmission er-Leung , Marston , Haddad Com mi ss ioner -None Commissioner-Cordes, O'Lea ry Commissioner-None 11. UPDATE FROM THE PLANNING MANAGER Planning Manager Rei mers announced t he upcoming Specific Plan Community Meeting to tak e p lace on November 5 , 2015 , at 7 :00 p.m . in th e C ity Hall Community Room . 12. COMMISSION ITEMS SEPARATE FROM THE COMMUNITY DEVELOPMENT DIRECTORS REGULAR AGENDA A. COMM ISSIONER CORDES -None Planning Commission Minutes October 27 , 2015 Page 4 of 4 B. COM MI SS IO NER LE UN G-No ne C. COMM ISS IONER MARSTON-Asked Associate Plan ner Gul ick if a square footage incen tive ex ists for solar panel install ation . Associate Pl anner Gulick s ta ted that there is no squ are footage incentive for so lar pane l installation. D . V ICE-C HA IRMAN HADDAD-Anno unced tha t the City is pu tt ing together sandbags f o r the antici pated El Ni no stor m. E . CHA IRM AN O'L EARY-W ished his son a happy bi rthday . 13 . ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LI STED ON THE AGENDA - Aust in. resident, inquired regard ing the CEQA exempt ion for th e project of 5556 Weiland Aven ue. City A tt orney Murphy stated that t he findings for t h e CEQA de termination are availabl e for review . Janice Helme r , res ident , expressed concern regard in g use of the Community Room for the up com in g Specific Plan Communi ty Meeting . 14. ADJOURNMENT The Plan ning Commission Regu la r Meeting was adjourned at 8:41 p.m . C hairman Secretary ATTACHMENT D City ofT emple City APPEAL FORM APPEAL O F A PLANNING COMMISSION OR COMMUNITY DEVELOPMENT DIRECTOR DECIS I ON Name: ·Address: ~~~~~~~~~~--~~r-~----------------------- Phone: APPEAL TYPE: ~: >"'' Appeal of Planning Commission decision (J Appeal of Community Development Director decision PROJECT IN FORMATION: 1 1 VJY" I \, / )../.. • • h. 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WAU. ~0 JI(JtW[.Mlr; NT£"'-OCIC...a "A'II'Eitl l111U'TY SERVICES CAa.!-~T(It~TlOJr!a WI!.Tllt•GCll.O£trfiTAfl: ._Al"Pc::t:JIW¥III't atWDI· ~ ~ crTY NG ......,,. n CQ.W1'Y GAI •n.'GAI~ ~ •IICJU'nCMI CJ!Ili'OI'NA u:.oN TIL[IIHON( • ftAoC:InC I(U IOtOCil. ... MON'TtCfl""' .......OICHOOl ~ rN • LA. COUNTT r1111 O{IINIIfltii(H'T IH(!W1. LA. COUIIITt' ....,, nu.JH 14 f H£NI OIIPOII4l 0/:illitiPNI'I -.:.:::=:· . --= VICINITY PROJECT LOCATION : 5556 WELLAND AVENUE TEMPLE C ITY. CA 91780 a )> ~ ~ )> () I ~ m z ~ ()