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CC - Item 4B - Approval Tract Map 61208 Vacant Lot Rio Hondo Ave0 TO: BILL CROWE, CITY MANAGER FROM: KEN RUKAVINA, CITY ENGINEER, DATE: NOVEMBER 16, 2005 • RE: APPROVAL OF TRACT MAP NO. 61208 - VACANT LOT ON RIO HONDO AVENUE NORTH OF VALLEY BOULEVARD Tract Map No. 61208 is being submitted for consideration and approval along with an Undertaking Agreement and Letter of Credit to guarantee the construction of sewer mainline and laterals subsequent to the recordation of the tract map. An easement dedication is required to be granted on the map for public sewer purposes. All other conditions of approval have been met. Also attached for your information is a copy of the tract map and Planning Commission's Conditions of Approval. It is recommended that City Council: 1. Approve Tract Map No. 61208; 2. Approve the undertaking agreement; 3. Accept the sewer easement dedication; and 4. Direct the City Clerk to arrange for the recordation of the map. Attachment NOV 2 2 2005 ITErvi ra. 0 • CITY OF RCSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this 15th day of November , 2005, by and between the CITY OF ROSEMEAD. State of Califomia, acting by and through its City Council, hereinafter referred to as "CITY" and OWEN DEVELOPMENT (NAME) 4275 N. Baldwin Ave, E1 Monte, CA 91731 (ADDRESS) hereinafter called the "CONTRACTOR." WITNESSETH: FIRST: The CONTRACTOR, for and in consideration of the approval of the final map of that certain land division known as Tract Map 61208 hereby agrees, at the CONTRACTOR'S own cost and expense to famish all labor, materials, and equipment necessary to perform and complete, and within twenty-four (24) months from the date of filing of said map, to perform and complete in a good and timely manner, the following work, to wit: Construction of mainline sewer and house laterals per sewer plans PC No. 05-10 Said work shall be done to the satisfaction of the City Engineer and shall not be deemed complete until approved and accepted as completed by the City Council of the CITY. The estimates} cost to ao all work and furnish all materials necessary to complete the work is S L eo 57-'s&7.Co 0 n u SECOND: The CITY shall not nor shall any officer or employee thereof, be liable or responsible for any accident, loss, or damage happening or occurring to the work specified in this agreement prior to the completion and approval of same; nor shall the CITY, nor any officer or employee thereof, be liable for any persons or property injured by reason of the nature of said work, or by reason of the acts or omissions of the CONTRACTOR, his agents, or employees, in performances of said work. All of said liabilities shall be assumed by the CONTRACTOR. The CONTRACTOR further agrees to protect and hold harmless the CITY, its officers, and employees, in performance of said work. All of said liabilities shall be assumed by the CONTRACTOR. The CONTRACTOR further agrees to protect and hold harmless the CITY, its officers, and employees, from any and all claims, demands, causes of action, liability, or loss of any sort because of, or arising out of, the acts or omissions of the CONTRACTOR, his agents, and employees, in the performance of this agreement, or arising out of the use of any patent or patented article, in the performance of said agreement. THIRD. The CONTRACTOR hereby grants to the CITY, the Surety upon any Bond, and to the agents, employees, and CONTRACTOR or either of them, the irrevocable permission to enter upon the lands of the subject land division for the purpose of completing the work- This permission shall terminate in the event that the CONTRACTOR or the Surety has completed the work within the time specified or any extension thereof granted by the City Council. FOURTH: It is further agreed that the CONTRACTOR shall have the control of the ground reserved for the installation of said work, and the streets in which they are to be placed, as is necessary to allow him to carry out this agreement. FIFTH: Contemporaneously with the execution of this Agreement, CONTRACTOR shall file with the CITY a Letter of Credit in an amount of Seventy Eight Thousand Seven Hundred Fifty Dollars ($78,750.00) to guarantee faithful performance of all the provisions of IN WITNESS THEREOF, the parties hereto for themselves, their heirs, executors. administrators, successors, and assigns do hereby agree to the full performance of this agreement and affix their names, titles, and seals this day as above indicated. By J By (Seal) Note: SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) By Mayor of the City of Rosemead Attested City Clerk of the City ofRosemed • MAYOR: MARGARET CLARK MAYOR PRO TEM: JAY T. IMPERIAL COUNCILMEMBERS: BILL ALARCON GARY A. TAYLOR JOE VASOUEZ December 9, 2004 Mr. Mike Owen Rio Hondo, LLC 4275 North Baldwin Avenue El Monte, CA 91731 • ~ itch , Pomcad 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 307-9218 SUBJECT: TENTATIVE TRACT MAP 61208 Vacant Lot on Rio Hondo (APN: 8592-009-027) Dear Mr. Owen, On December 6, 2004, the City of Rosemead Planning Commission approved TENTATIVE TRACT MAP 61208; a request to subdivide one parcel into six lots for the development of five new single-family residential units in the 4000 block of Rio Hondo, in the R-1 (Single Family Residential) zone. The application was granted for a period of two (2) years, subject to the conditions of approval. A copy of these conditions ("Exhibit A") is enclosed for your files. We require an affidavit confirming your acceptance of these conditions. Enclosed is an "acceptance of Conditions" validation that needs to be signed, notarized, and returned to us within ten (10) days. For your convenience, free notarial services are available at city hall. We recommend that you call ahead to make sure our notary will be available. If you have any questions, please contact the Planning Department at (626) 569-2140. We are available to assist you at city hall from 7:00 a.m. to 6:00 p.m., Monday through Thursday (closed Fridays). Sincerely, Brad Johrts6n Director of Planning B WJ/bt Enclosures cc: Civiltech Engineering Ms. Sara Canche 118 West Lime Avenue Monrovia, CA 91016 N'1 .y .,..a, CITY,oF R,oAWMII) `f AFFID_A41YIT ACCEPTANCE OF'=CONDITIONS 6T' Case No. TTM 61208 Date: December 81 2004 Mike Owen/Rio Hondo, LLC (Name of Applicant[s]/Business Owner[s]) Vacant Lot on Rio Hondo (APN: 8592-009-027) (Site Address) Being first duly sworn depose and say: I am we are the I am (we ware ofr and a cclept all conditions in the aforemeen tioned are a case number: TENTATIVE TRACT MAP 61208 Received by Planning Staff On: Date: (Applicant's Signature) Staff Nam (Applicant's Signature) State of County of On before me, (Date) personally appeared (Name[s] of Signer[s]) SUBSCRIBED and sworn [or affirmed] to before me on this day of .20 (Signature of Notary Public) (Sea]) (Name and Title of Notary Officer) • 0 EXHIBIT "A" TENTATIVE PARCEL MAP 61208 Vacant Lot on Mo Hondo CONDITIONS OF APPROVAL December 6, 2004 TENTATIVE PARCEL MAP 61208 is approved for a 6-lot subdivision, to be developed in accordance with the Tentative Parcel Map marked Exhibit "B" dated August 9, 2004, and the architectural plans marked Exhibit "B" dated May 25, 2004, and submitted colored elevations and color and material sample boards. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2. Approval of Tentative Parcel Map 61208 shall not take effect for any purpose until the applicant has filed with the City of Rosemead an affidavit stating that they are aware of and accept all of the conditions set forth in the letter of approval and this list of conditions. 3. Tentative Parcel Map 61208 is approved for a two-year period. Applicant shall make progress towards initiation of proposed use or request an extension 30 days prior to expiration from the Planning Commission. Otherwise Tentative Parcel Map 61208 shall become null and void. 4. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 5. Architectural plans for each of the five (5) residential units must be submitted to the Planning Department for Site Plan Review and approval. 6. Building permits will not be issued in connection with any project until such time as all plan check fees, and all other applicable fees are paid in full. 7. Prior to issuance of building permits, all school fees shall be paid. The applicant shall provide the City with written verification of compliance from the Unified School District. 8. The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday - Saturday. No construction shall take place on Sundays or on any legal holidays without prior approval by the City. 9. Planning staff shall have access to the subject property at any time during construction to monitor progress. 10. The conditions listed on this Exhibit "A" shall be copied directly onto development plans submitted to the Planning and Building Departments for review. 11. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 12. Driveways and parking areas shall be surfaced and improved with Portland concrete cement as shown on Exhibit "B"; and thereafter maintained in good serviceable condition. 13. A wall and fence plan will be required if any perimeter fencing or walls are proposed. The colors and materials of the proposed fence shall be consistent or compliment the submitted color and material board and first be approved by the Planning Department prior to installation (on file as Exhibit B). 0 w 14. Prior to issuance of Building permits, a landscape and irrigation plan shall be submitted to the Planning Department for review. The irrigation plan shall include automatic timers and moisture sensors. All landscaping and irrigation shall be installed and completed prior to final Planning Department approval. 15. All ground level mechanical/utility equipment (including meters, back flow preservation devices, fire valves, A/C condensers, furnaces and other equipment) shall be located away from public view or adequately screened by landscaping or screening walls so as not to be seen from the public right-of-way. Said screening shall be approved by the Director of Planning before installation. 16. No portion of any required front and/or side yards shall be used for storage of any type. 17. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. All trash and debris shall be contained within a trash enclosure. 18. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Department. 19. The property shall be graded to drain to the street, but in no case shall such drainage be allowed to sheet flow across public sidewalk. A grading and/or drainage plan shall be prepared, submitted to and approved by the Building Official, and such grading and drainage shall take place in accordance with such approved plan. 20. The numbers of the address signs shall be at least 6" tall with a minimum character width of 1/4", contrasting in color and easily visible at driver's level from the street. Materials, colors, location and size of such address numbers shall be approved by the Director of Planning prior to installation. 21. Applicant shall obtain a public works permit for all work in or adjacent to the public right-of-way. 22. Applicant shall install and complete all necessary public improvements, including but not limited to street, curbs, gutters, sidewalks, handicap ramps, and storm drains, along the entire street frontage of the development site as required by the Director of Planning. 23. All ground level mechanical/utility equipment (including meters, back flow preservation devices, fire valves and other equipment) shall be screened by screening walls and/or landscaping to the satisfaction of the Planning Department. 24. All utilities shall be placed underground including facilities and wires for the supply and distribution of electrical energy, telephone, cable television etc. The underground conversion of these utilities shall consider all future connections to the satisfaction of the Director of Planning. 25. The dwelling unit shall be provided with water conservation fixtures such as low-flush toilets and low-flow faucets. The hot water heater and lines shall be insulated. Landscaping irrigation systems shall be designed for high efficiency and irrigation timers programmed for maximized water usage. 26. All requirements of the Building and Safety Department and Planning Department shall be complied with prior to the final approval of the proposed construction. 27. Violation of the conditions of approval may result in citation and/or initiation of revocation proceedings. 28. Stamped concrete proposed for driveways shall be a medium to dark tone of gray. CJ 29. All 6'-0" block walls that encroach into any required front yard setback shall be reduced to 4'-0" in height. However, an 8-foot high block wall shall be permitted along the south side of the property. 30. The Rosemead Planning Commission must approve any changes to the approved plans. 31. Each unit shall be constructed exactly as approved; no as-built plans will be accepted. 32. Section drawing of the windows and doors shall be reviewed by the Planning Department to ensure that the windows and doors are recessed sufficiently. 33. The private driveway shall include red curbs and signage posting the drive area as a "Fire Lane" no parking allowed. CITY ENGINEER'S CONDITIONS OF APPROVAL GENERAL Details shown on the tentative map are not necessarily approved. Any details that are inconsistent with requirements of ordinances, general conditions of approval, or City Engineer's policies must be specifically approved in the final map or improvement plan approvals. A final tract map prepared by, or under the direction of a Registered Civil Engineer authorized to practice land surveying, or a Licensed Land Surveyor, must be processed through the City Engineer's office prior to being filed with the County Recorder. A preliminary subdivision guarantee is required showing all fee interest holders and encumbrances. An,updated title report shall be provided before the final tract map is released for filing with the County Recorder. 4. Monumentation of tract map boundaries, street centerline and lot boundaries is required for a map based on a field survey. 5. Final tract map shall be filed with the County Recorder and one (1) mylar copy of filed map shall be submitted to the City Engineer's office. Prior to the release of the final map by.the City; a refundable deposit in the amount of $1,000 shall be submitted by the developer to the City, which will be refunded upon receipt of the mylar copy of the filed map. 6. Comply with all requirements of the Subdivision Map Act. Approval for filing of this land division is contingent upon approval of plans and specifications mentioned below. If the improvements are not installed prior to the filing of this division, the developer must submit an Undertaking Agreement and a Faithful Performance and Labor and Materials Bond in the amount estimated by the City Engineer guaranteeing the installation of the improvements. 8. The City reserves the right to impose any new plan check and/or permit fees approved by City Council subsequent to tentative approval of this map. 9. Prior to recordation of the final map, Covenants, Conditions and Restrictions (CC&R's) shall to be prepared by the developer, approved by the City Attorney, Planning Director, and City Engineer, and recorded with each lot. The CC&R's will cover all aspects of maintenance of Lot 6, including but not limited to the driveway pavement, fencing, landscaping, etc., and provide for the shared maintenance of the existing 30-foot-wide driveway accessing Rio Hondo Avenue. DRAINAGE AND GRADING 10. Prior to the recordation of the final map, grading and drainage plans must be approved to provide for contributory drainage from adjoining properties as approved by the City Engineer, including dedication of the necessary easements. 11. A grading and drainage plan must provide for each lot having an independent drainage system to the public street, to a public drainage facility, or by means of an approved drainage easement. 12. Historical or existing storm water flow from adjacent lots must be received and directed by gravity to the street, a public drainage facility, or an approved drainage easement. 13. Developer shall prepare a covenant, subject to City Engineer's approval, for a drainage easement across Lot 2 benefiting Lots 2 through 6. 14. Developer shall prepare a covenant, subject to City Engineer's approval, to allow cross lot drainage. 15. Any proposed underground drainage systems shall be connected to a City storm drain in the public alley located behind Lots 1 and 2. Lots 1 and 2 may "sheet flow" directly to the back alley, eliminating the proposed drainage sump and catch basin. Also, an underground storm drain is not necessarily required as long as an adequate surface drainage swale outletting onto the alley is provided. Developer shall process the drainage system plans through the City Engineer. 16. Developer must comply with the City's storm water ordinance. ROAD 17. New drive apprgaches shall be constructed at least 3' from any above-ground obstructions in the public right-of-way to the top of "x" or the obstruction shall be relocated. 18. Drive approach on Rio Hondo Avenue shall be at least 20' wide, or as determined by the Fire Department. 19. Developer shall install residential type street light(s) on private driveway at an appropriate spacing. SEWER 20. Approval of this land division is contingent upon the installation of local 8-inch (minimum) main line public sewer within a dedicated (10 feet minimum) easement over a portion of Lot 6 to the City within the proposed private driveway. 21. The developer shall send a print of the sewer plans to the City and to the Los Angeles County Department of Public Works for review. Approval must be assured prior to filing this land division map. 22. Approval of this land division is contingent upon providing separate house sewer laterals to serve each lot of the land division. 23. The developer shall consult the City Engineer to determine the sewer location and design requirements. 24. Easements may be required and shall be subject to review by the City Engineer to determine the final locations and requirements. UTILITIES 25. Power, telephone and cable television service shall be underground. 26. Any utilities that are in conflict with the development shall be relocated at the developer's expense. WATER 27. All lots shall be served by adequately sized water system facilities, which shall include fire hydrants of the size, type and location as determined by the Fire Chief. 28. The water mains shall be of sufficient size to accommodate the total domestic and fire flow required for the land division. Domestic flows required are to be determined by the City Engineer. Fire flows required are to be determined by the Fire Chief. • 29. Plans and specifications for the water system facilities shall be submitted for approval to the water company serving this land division. The subdivider shall submit an agreement and other evidence, satisfactory to the City Engineer, indicating that the subdivider has entered into a contract with the servicing water purveyor guaranteeing payment and installation of the water improvements. 30. Prior to the filing of the final map, there shall also be filed with the City Engineer, a statement from the water purveyor indicating subdivider compliance with the Fire Chiefs fire flow requirements.