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CC - Item 4E - Approval of Tract 60158• TO: FROM: DATE: RE: BILL CROWE, CITY MANAGER KEN RUKAVINA, CITY ENGINEER FEBRUARY 8, 2006 Tract Map No. 60158 is being submitted for consideration and approval along with an Undertaking Agreement and Faithful Performance and Labor and Material Bonds to guarantee the construction of a private street, storm drain facilities, sewer main and laterals, water facilities and survey monuments subsequent to the recordation of the tract map. An easement dedication is required to be granted on the map for public sewer purposes. 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. 60158; 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 APPROVAL OF TRACT MAP NO. 60158 - 8470 MISSION DRIVE COUNCIL I~FB 1 !~2a~_ ITEM No. • E TO: BILL CROWE, CITY MANAGER FROM: KEN RUKAVINA, CITY ENGINEER DATE: FEBRUARY 8, 2006 0 RE: APPROVAL OF TRACT MAP NO. 60158 - 8470 MISSION DRIVE Tract Map No. 60158 is being submitted for consideration and approval along with an Undertaking Agreement and Faithful Performance and Labor and Material Bonds to guarantee the construction of a private street, storm drain facilities, sewer main and laterals, water facilities and survey monuments subsequent to the recordation of the tract map. An easement dedication is required to be granted on the map for public sewer purposes. Also attached for your information is a copy of the tract map and Planning Commission's Conditions of Approval. RECOMMENDATION It is recommended that City Council: 1. Approve Tract Map No. 60158; 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 • • CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this 8th day of February, 2006, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "CITY" and roM 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 60158 hereby agrees, at the CONTRACTOR'S own cost and expense to furnish 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: Private street, storm drain facilities, sewer main and laterals, water facilities and survey monuments. 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 estimated cost to do all work and furnish all materials necessary to complete the work is $192,000. • i 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 orthe 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: It is further agreed that the CONTRACTOR has filed with the CITY a Surety Bond in an amount equal to at least one hundred percent of the estimated cost of this work for the Faithful Performance of this agreement; and a separate Surety Bond in an amount • • equal to at least fifty percent of the estimated cost of this work for the payment of all persons performing labor and furnishing materials in connection with this agreement. If the Sureties on said Bonds, in the opinion of the CITY, become insufficient, CONTRACTOR agrees to renew said bonds with good and sufficient Sureties within ten (10) days of the receiving notice that said Sureties, are insufficient. SIXTH: If the CONTRACTOR neglects, refuses, or fails to prosecute the work with such diligence as to ensure its completion within the time specified, or within such extensions of said time as have been granted by the City Council, or if the CONTRACTOR violates or neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, he shall be in default of this agreement and notice in writing of such default shall be served upon him and upon any Surety in connection with this contract. The City Council shall have the power, on recommendation of the City Engineer, to terminate all rights of the CONTRACTOR or his Surety then existing or which thereafter occur because of such default. The determination by the City Engineer of the question as to whether any of the terms of the contract or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the CONTRACTOR, his Surety, and any and all other parties who may have any interest in the contract or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to the CITY under law. SEVENTH: In case suit is brought upon this contract, the CONTRACTOR hereby agrees to pay to the CITY a reasonable attorney's fee to be fixed by the Court. EIGHTH: It is further agreed by and between the parties hereto, including the Surety or Sureties on any Bond attached to this contract, that in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this contract, said extension may be granted by the City Council, either at its own option, or upon request • • of the CONTRACTOR, and shall in no way affect the validity of this contract or release the Surety of Sureties on any Bond attached hereto. 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 C~M L L 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 of Rosemed • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On F-C personally appeared ss. • Name and Title at Officer (e.g., -Jane Doe. Nola Wtc 1 before me personally known to me ~oved to me on the basis of satisfactory evidence ORiAOfM f EVARFZ LID_ subscribed to the within instrument and CanMmm~i2m s 1454104 Mabry l~tf~c - CaMartio Got Ng" County My Comm. Bq* t Aug 8.2007 to be the persorA whose name -X are acknowledged to me,1 g6%;)8 she/they executed the same in her/their authorized capacitypA, and that by Mier/their signaturgK on the instrument the person9Q, or the entity upon behalf of which the person'M acted, executed the instrument. WITNESS my hand and offi ial al. Signature of Notary uhlic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: f~,4 Capacity(ies) Claimed by Signer Signer's Name: 1 0~ 1~431~ Vlai;l INAHHY Individual .~o nF~:. Corporate Officer -Title(s): ~ f / xx ~ i I_: Partner - Limited -General [I Attorney-in-Fact . i Trustee O Guardian or Conservator Other: Signer Is Representing: Tfc~.-tl C3.. Gc- p__1 A0 . i:3f;,.. =<'r<~~i>> ~t<tr5e1vZ<.'~c^r4^4:Gb 0 1999 Nalional Notary Assocranori - 9350 Do Soto Ave., PO Box 2402 • Chatsworth. CA 91313-2402 • www.nallonelnatary.org Prod. No. 5907 Reorder Call Toll-Free 1-800-6766827 02/99/2996 13:26 4c-TT Ir'SC%ICO ~ f 1--7: f ( Jr 91997594 NODDLE SURETY • INSCO INSURANCE SERVICES, INC. Underwriting Manager for: Developers Surety .and Indemnity Company Indemnity Company of :aVomia 1T,80 Fitch. Suite 200 • Irving. California 92614 • (949) 263-3300 SUBDIVISION IMPROVEMENTS ]PERFORMANCE BOND PAGE 92 ]BOND NO. 731180S $ 4,032.00 -_prernium is for a term of two ____year(s) KNOW ALL MEN BY THESE PRESENTS: That we. Singing Wood of San Gabriel, LLC, a Caltfomla Limited Liability Company ps Principal and Indemnity Company of California _ a corporation organized a 1d doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the Statc of California its Surcty, arc held and firmly hound unto the Gity of Rosemead as Obligee, in t)tc penal cum of, One Hundred Ninety Two Thousand 8 no1100 ($192,000.00 ) Dollars, for which payment, we(] and truly to be made. we bind oursclvcy, our heirs, cuc.ctisnrr,. executors and administrators, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: Whereas the Obligec and Principal have entered into tin agrecmcnt whereby Principal agrees to install and complete certain designated public improvements, which agreement. identified is Imp ovements at Tract 60158 is hereby referred to rind mails a part hereof: and Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now therefore, the condition of this obligation is such that is the above bounden principal, hip or its heirs. executors. administrators, successor or assigns, shall in all Things stand to and abide by, well and truly keep and perfoltn the covenants. conditions and provisions in the ..said agreement and any alteration thereof made as therein provided, on his r-r Their pall, to be kept and performed at the time and in the manner therein specified, and in all respects according to their live in.cnt and meaning, and shall indemnify and save harmless obligee, its officers, agents and employee.-;, as therem stipulated, then this obligation shall become null and void; otherwise it rhall he and remain in full force and effect. As a part of the obligation secured hereby and in addition to the penal sum mcificd therefor, there shall he inch(dt.d custs and reasonable expenses and fees, including ressonablc attorney's fees, mcurrcd by Obligee in succcsSIOlly cnforcinb such obligation, all to be tared as costs and included in any judgement rendcrecl. The Rurety hereby stipulates and agrees that no change, extension of time. alteration or addition to the term, orthe agrcernent or to the work to he performed thereunder or the specifications accompanying the same ,hall in anywise affect its obligations on this bond, and it does hereby waive notice of any Such change, extension of time, alteration or addition to the term: of the agrecmcnt or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named. on February 3 2005 PRINCTPAI,: Sinqinq Wood of San Gabriel, LLC. a California Limited Liability Company SURETY: Inemnity Com ny of California Davi a Arrorncy-in-Fact 10.104:A (CA; stibdi%ftion PWormAnce Bond (REV, 1R)11 02/09/2005 13:25 8189057584 rIODDLE SJPE7V PhGE 03 • 0 STATE OF CALIFORNIA COUNTY OF LOS ANGELES On__FEB 0 8 2006bPlbreme DEBRA K. BELL, NOTARY PUBLIC (here insert name and tirle of the officer), personally appeared DAV LD NODD F personally known to me (dx v~b~ikX UNW&) to be the person(s) whose nsme(s) is/are subscribed to the within instrument and acknowiedged to me that halshe~they executed the same in his/her/their authorized capacrty(ies), and that by h,sIlierltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the narcon(sl acted. executed the instrument WITNESS my hand and official seat. Slgnature C_' Lt-- _ (SEAL) DEBRA K. BELL Commission # 1430084 Notary PUUlc - CalIfocnl a J LOS ANGELES County My Comm EIreBJUI 30, 2001 Thir arcu lea. Q is iul Aiwa lol .C'en1 OPTIONAL Thou,ph the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER (1 INDIVIDUAL r,ORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF bOdu LENT TITLFi S) PARTNERII ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IrI-FACT i_i TRUSTEE(S) ❑ GUARDIANICOI'43ERVA709 11 OTHER NUI,ABEF+ Or AGES DATE Or DOCUMENT SIGNER IS REPRESENTING: NAME OF F6 CISOMLI OR 5N11TYI1ECi1 (REV IZIDS) ALL-PURPOSE ACKNOWLEDGEMENT 02/09/2005 13:25 9199057564 • NODDLE SURET • ;Lr~ INSCO INSURANCE SERVICES, INC. inse%jC:o Underwriting Manager for. Developers Surety and Indomnlly Company rr ti's 5E indernnlry Company of Gal,fornia 17780 Fltch, Suite 200 • Irvine. California 92614 • (949) 263-3300 SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND PAGE 04 BOND NO. 731180S PREMIUM INCLUDED IN PER FORM>,NCE 80'4D KNOW ALL MEN BY THESE PRESENTS: That we,. Singing Wood of San Gabriel, LLC, a California Limked Liability Company as Principal. and Indemnity Company of California a corporation orgamred and doing husine-s under and by virtue of the laws of the State ol'_Califomia _snd duly licen•t d to conduct a general surety business in the State nr calirornia as Surety, are held and fiml3y bound unto the Zity of Rosemead as Ohhgec. m the penal sum of Ninety Six Thou ha1t00 96,000.00 DOLLARS. for which payment, well and truly to be made. we bind ourselves, our heirs, cxccutnrs and successors. jointly and severally firmly by these present-. THF- CON MON OF THE OBLIGAtION 15 SUCH THAT: Whereas. the thove-named Printipal. has entered into on agreement which is made a part of this bond. with the City of Rosemead _ State of California, at. Obligee, for thr, dcsignaiud Ittlblic improvementt in the subdivision identified as Improvements at Tract 60159 as required by the Government C_'atlc of Cslli rornia. Whereas, under the terms of said agreement, principal is required before entering upon the performance of the worl.. to rile a good lint, 5ufftcient payment bond with the city of Rosemead -te securz ncC C116M,e to which reference is mnde in Title 15 (commencing with $ectton 30112) of Pact 4 of Division 3 of die Civil Cock of the Suite or Calilornia. Now, therefore. said principal and the undersigned, as surety, are held rirmly bound unto the City of Rosemead and ill contractor,, subcontractors. lak-er.. materiILlmen and other rcreon- cmpinyed in the performance of the Afretc.aid agreement and referred to in the aforesaid Code of Civil Pmcedure for matcri: l furnished or labor thcrcon of any kind. or rm amount- dim under ncc Unemployment Insurance Act with respect to such wort, or labor. that said Surety will pay the same in an amount nor exceeding the penal -um hereinabovc -e1 forth. and also in ease cuir is brought upon this bond, rvill pay, in addition to the penal sum thercaf, omo and reasonable expenses and fees, including rewsonahle attorney's fees, incurred by GIy of Rosemead _ -in successfully enforcing such obligation, to be aw3rdcd and fixed by the court. and to he taxed as coos and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shill inure to the benefit of any and all persons, companla and corpornlinns cntilled lo file claims under Title 15 (commencing with Section 3052) of Part d of Diviaon 3 of die Civil Cnde. -o ae to give right of ilclion to them or their assigns in any zuit bmught upon this bcnld. Should the condition of this bond be fully performed, then this oblig:tt.inn %hall become null and void, other%vi.c it .hall be and remain in full force and erfeci. The surety hereby stipulates and spree- that no change, extension of time. alteration or addition to the terms of sa d agreement or the specifications accompanying the same shall in any manner arrect its obligation> on this bond, and it does hereby waive nn-ice of nny much change- extension. alteration pr addition. In witne-r, whereof. this instrument has been duly executed by the principal and surety above named, on February 8, 2006 PRINCIPAL: Singing Wood of San Gabriel, LLC, a SURETY: In ity Co any of California i Callfomta Llmlted Liabirity Company ; David ddle ~Altorney-in-Fact to.1093 (CA) Subdmwn Labor and LAelenel Bona (REV. 11011 02/09/2005 13:25 81 11 67594 NODDLE SURETY PAGE 05 • 0 5 7ATE OF CALIFORNIA CouNrYO1= LOS ANGELES On FFB O 8 2005t>etoreme DEBRA K.- BELL, NOTARY PUBLIC 7F J' (here insert name and ittie of the officer), personally appeared T)A personalty known to me (dx~~~~ to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that ha/sheRhey executed the same in his1nen1heir authorized capacity(ics), and that by his/hertheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, exer;i,1ed the instrument. WITNESS my hand and official seal. 5(gnaru~- (SEAL) DEBRA K. BELL Commission # 1430084 >C Notary Public - California J LOSANGELES County W Comm Eq)imJUL 30, 2007 Thir orrU fru• Ojlit,:i0i NnimTrtl ,Srul OPTIONAL Though the data below i.s not required by law, it may prove valuable to persons relying on the do:ument and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL [1 CORPORATE OFFICER ❑ -ARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT LI TRUSTEE(S1 ❑ GUARDIAN/CONSERVATOR 1 OTHER - SIGNER IS REPRESENTING: r+PMC Or PEM ow(ri 0" cr4t'ryoC5+ TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES N DATE OF'60r-LI 'ENT ic•+.~z (REV 121es) ALL-PURPOSE ACKNOWLEDGEMENT 02/08/2005 13: 25 919 594 t10DD! E SURETY PAGE 05 40 19 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA Po Box 19725. IRVINE, CA 92623 (9,19) 263-3300 iCNO'w ALL h1FN BY THESE. PRESENTS. that except as cxprtxsr}' limited DEVELOPERS SL'RT-TY AND fNDE'Mi TTY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby mtl:c. con!titutc and nppomt: **WDavid Noddle, Renee Tarica, Angela Bisordi, jointly or severally*** as their true tmd lawful Attorttcy(s)-in-FaCL +o make. execute, deliver and aekn,,wWgc, for and on behalf of said corporatons, as sutct'" bonds, undertakings and contracts of curerzship giving and granting unto said Annmcy(s)-in-Fact full power and authority ro do and to perform every act necessary, requisite or proper io be done in connection therewith as each of said eorptxatirtns could do, but rr-wmng to each of said eorpnntiow full power of substitution and revocation. and all of the aas of said Attorney(s)-in-Fact, pummnt to thcsc presents, arc hereby ratified and confirmed. This Power of Attorney is granted and is sighed by facsimile under and by authority of the following resolntions adol+ted by the respective Board of Directors of DL•VET-OPl:RS SURETY AND iNDF.MNiTY COMPANY and TNDF.MNITY COMPANY OF CALIFORNIA, effective as o1rNovember 1, 2000: kE$OLVL-D, that the Chairman or the Board. the Primideni Ind any Vice President of the corporation be, and drat each of thorn hereby is, authorized to t-xecvtc PDWerc of Altorrley, qualifying the attorney(s) named in the Powers ofAr+on+cy to cxmitc, on heha)f of the corporarionc bonds, undertakings and contacts of surcryship, and that the Secretary nr any Assistant Secretary of the corporations hc, and each of them hereby is, authorized to arcrt the execution of Any mch Power of AI6rney: k-SOLVFf), FURTHER. that the signmurrs: of Such officers may be sffixed to any such Power of Attorney or to nny a crtifirate relating thereto by facsimile, Ind any such Power ofAttomcy or certificate h=aring such facsimile signatures shall be valid and binding upon tl+e corporation when sn ItFzed and in the future',Ikith feTect to any bond. undtftaknig or contract of surelOup ro which it is mmchcd. IN WITNT SS WHEREOF, DEVELOPERS SUkF_TY AND IT'DFMNiTY COMPANY and INDEMNITY COMPANY OF CALIPOR.NIA have %cvcrally cm%-SEd these presets to he signed by their respoctwc Exceutive Vice Pracidcnt Its] Ittccted by their respective Secretary this Ist clay of December. 20055. ¢ P - OGT ` i 7. OCT 5 1967 10 36 ~y^ o~.~ 19 .~i ~ q p t By. walta.A Crowell. Secretary STATE OF CALIFORNIA COUN1'li OF ORAN(,E Il t cared David H. Rhodes and VVJnltcrA. Cmwcll. On Dceerobor 1, :005 before etc. C,ina L. Carrier, (here a+scrt name and title nt'the o~cer), t+ctrana y Pp pcmonall} known to me (or proved in me on the ha-cis of saticfaetory evidence) to be the person(a) whose namo(s) is.*c subscribed to the within instrument and aeknnwIc118a1 to me that hc/shc4bey rxeeuted the same m hi.OhMthelr autlxxiicd Gtpaeity(ies), and that by his/her,thcir siM. alurr(s) on the insttumetrt the s or the etltity upon behalf of which the person(s) acted, executed the instrurricm. WITt4FSS my hand and official -teal. GINA L GARNER 8561 Sienamrc _ . _ - ;,'Umm. * 156 NQTARY PUBUC CAUFDFHA (S~r1L► ORANGE COUNTY coerttti aapiraa 13, 2009 CERTIFiCATF, The undcrsipod, :K Assistant Secretary, of r)FVF LOFER.S Sl JR%TY AND iNIMFMNITY C()N1 PANY emd fNAF.h'11'IITY COMPANY OF CALIFORNIA, does hcr~by ccrtif), that the foregoing Puwcr of Attorney remains in fill force and has not been revok-d, and furthermore, that the provisions of the rccnlutiom of the respadvc Boards of Directors of :aid corporations ut farllt in the Power of Artomcy, are in force as of alit date of this Certificate. This Ccnificatc is executed ID the City of Irvinc, California, the day of FEB Q 8 7006 BY Albrrt Hillchnnd, &,u mni ScereMry ID-1380 (Rev. 12.4)5) 0 • ROSEMEAD PLANNING COMMISSION PUBLIC HEARING STAFF REPORT TO: HONORABLE CHAIRMAN AND MEMBERS ROSEMEAD PLANNING COMMISSION FROM: PLANNING DEPARTMENT DATE: JUNE 21, 2004 SUBJECT: TENTATIVE TRACT MAP 60158 ZONE CHANGE 03-217 8470 MISSION DRIVE 13-LOT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT Project Description Tom Lee has submitted an application for a Tentative Tract Map to subdivide four (4) parcels into thirteen (13) residential lots for the development of thirteen (13) new single-family residences. The proposed residences will range from 2,250 - 2,340 square feet of living area. Public Notice Notice of this public hearing was published in the San Gabriel Valley Tribune on Friday, May 28, 2004. On May 27, 2004, one hundred and four (104) written notices of this public hearing were mailed to property owners within 300 feet of the subject site. Environmental Analysis An initial study was completed in accordance with the California Environmental Quality Act (CEQA). This study reviews the potential environment impacts of the proposed project. This study has found that there are no potentially significant envirormiental impacts that could occur with the proposed Tentative Tract Map 60158 and Zone Change 03-217. Therefore, a Draft Negative Declaration has been prepared. A copy of this initial study is provided as Exhibit C. Municipal Code Requirements Zone Change - Chapter 17.116 of the Rosemead Municipal Code sets forth the procedures and requirements for zone changes and amendments. A zone change may be permitted whenever the public necessity, convenience, general welfare or good zoning practice justifies such action. A zone change must be found consistent with the Rosemead General Plan. Tentative Tract Map - Section 66474 et seq of the Subdivision Map Act describes the grounds for approving a subdivision map. In addition, Chapter 16.04 of the Rosemead Municipal Code provides subdivision regulations, which adopt Los Angeles County subdivision regulations by reference. The following are findings that must be made in order to approve a tentative tract map: • The map will not be materially detrimental to the public welfare nor injurious to the property. • The proposed division will not be contrary to any official plan. • Each proposed Tract conforms in area and dimension to the City codes. • All streets, alleys and driveways proposed to serve the property have been dedicated and that such streets, alleys and driveways are of sufficient design to provide adequate access and circulation for vehicular and pedestrian traffic. • Easements and covenants required for the tentative map have been executed and recorded. • • If the Planning Commission cannot make all of the findings, then it shall deny the map, Chapter 17.116 of the Rosemead Municipal Code sets forth the procedures and requirements for zone changes and amendments. A zone change may be permitted whenever the public necessity, convenience, general welfare or good zoning practice justifies such action. A zone change must be found consistent with the Rosemead General Plan. Property History & Description The subject site consists of four separate parcels totaling approximately 83,356 square feet in size. Two of the parcels are currently occupied with single-family residences, which will be demolished as a result of the project. The majority of the property was previously used as farmland, which has been vacant for many years. Subiect Site & Surrounding Uses The site is designated in the General Plan for Low Density Residential and on the zoning map, it is designated for R-1; Single Family Residential zone. The site is surrounded by the following land uses: North: East: General Plan: Low Density Residential General Plan: Low Density Residential Zoning: R-l;Single-Family Residential Zoning: R- I;Single-Farnily Residential Land Use: Residence Land Use: Residence South: General Plan: Low Density Residential Zoning: R1; Single Family Residential Land Use: Residence West: General Plan: Low Density Residential Zoning: R-1; Single-Family Residential Land Use: Residence Administrative Comments & Analysis The applicant proposes to subdivide the subject property into thirteen (13) lots with a private driveway. The proposed lots would range in size from 5,002 square feet to 7,506 square feet with the average lot consisting of approximately 5,460 square feet. The proposed residences will have between 2,250 and 2,340 square feet of floor area. Proposed Floor Area Ratios (F.A.R.) for the units range between 31.1 % and 44.9%. Tentative Tract Map Review - The map was distributed to various agencies for their review on February 4, 2004. Responding agencies have made their comments, which are on file. The applicant has provided an emergency access easement to Turpin Avenue reserved for Fire Department use only. The City Engineer has checked the parcel for its accuracy. The City Engineer's conditions of approval have been added to the attached as Exhibit A. By subdividing the land, the opportunity for property ownership becomes a possibility thus creating a higher standard of property maintenance. Lastly, the General Plan Land Use element specifies the density for Low Density Residential properties as 0 - 7 units per acre. There will not be any environmental impacts to the subject area as a result of the Tentative Tract Map and Zone Change. The current residential land use is consistent with the surrounding residential land uses. Zoning Setbacks: This area is currently zoned for R-1 (Single Family Residential) however the request is for a change to the PD (Planned Development) Zone. The homes have been designed within the property development standards of the R- 1; Single-Family Residential zone, as indicated in the table below: • • FIGURE I Front Side Yard Side Yard Rear Yard Building Lot # Setback , Setback 5` Setback " a Setback Height 1 floor floor 2 1 22'-0" 10'-2" - 10'-8" 10'-2" - 10'-8" 15'-0" 24'-6"f 2 - 22'-0" 5'-7" - 10'-1" _ 5'-7" - 10'-1" 15'-1" - 24'-6"f 3 21'-9" . 5'-8" - 10'-1" - 5'-8" - 10'-1" - 15'-1" 24'-6"f 4 ~ . 21'-8" 5'-8" 10'-8" 15'-2" 24'-6"f 5 21'-8" 5'-8" 10'-8" 15'-1" - _ 24'-6"± 6 _ 21'-9" - _ 5'-7" 10'-1" 15'-2" 24'-6"f 7 21'-9" 5'-8" 10'-0" 15'-1" 24'-6"f 8 26'-0" 8'-8" 12'-0" 20'-0" 24'-6"t 9 25'-0" 10'-0" -10'-7" _ _ 10'-7" 21'-0" _ _ 24'-6"± _ - 10 25'-0" . _ . 5'-0" 10'-7" 21'-0" 24'-6"f 11 25'-0" . 5'-0" _ 10'-7" - 21'-0" 24'-6"t _ 12 - _ . 25'-0" 5'-0" 10'-7" - - - 21'-0" - 24'-6"f - - - - _ 13 _ . 25'-0" 5'-0" 22'-8" 20'-9" 24'-6"f Residential Floor Plans - Thirteen single-family residential plans are proposed with this development. Floor plan sizes range from 2,250 - 2,340 square feet of living area with attached 2-car garages and two stories. There are two different floor plans and four different elevations detailed by the following: Lots 1, 3, 5 & 7: This plan consists of 2,250 square feet of living area. The first floor includes a great room, dining room, kitchen, nook, a bedroom, a bathrooms and a 2-car garage. The second floor consists of a master bedroom suite (with a walk-in closet and bathroom), two bedrooms, one bathroom, and a loft. Lots 2, 4 & 6: This plan consists of 2,340 square feet of living area. The first floor includes a living room, dining room, kitchen, nook, a bedroom, a bathroom and a 2-car garage. The second floor consists of a master bedroom suite (with a walk-in closet and bathroom), two bedrooms, one bathroom, and a loft. Lots 8, 10 & 12: This plan consists of 2,250 square feet of living area. The first floor includes a great room, dining room, kitchen, nook, a bedroom, a bathrooms and a 2-car garage. The second floor consists of a master bedroom suite (with a walk-in closet and bathroom), two bedrooms, one bathroom, and a loft. Lots 9, 11 & 13: This plan consists of 2,340 square feet of living area. The first floor includes a living room, dining room, kitchen, nook, a bedroom, a bathrooms and a 2-car garage. The second floor consists of a master bedroom suite (with a walk-in closet and bathroom), two bedrooms, one bathroom, and a loft. FIGURE 2 Lot Number Floor Area S uare Feet Number of Bedrooms Lot Area S uare Feet Floor Area Ratio (Percenta e 1 2,250 4 ----._.__6,707 33.5% 2 2,250 4 5,002 44.9% 3 2,250 --__.__4__..._ _ _-._._..._5,002_..._._.._.__ 44.9% 4 2,250 4 5,002 _ 44.9%_.,__.._.__- 5 2,250 4 ___.5,002 44.9% _ 6 2,250 _.-.4......._......- - --5002 44.9% 7 2,250 4 - _ - 5,002_ _ _ 44.9% - - 8 - 2,340 4 - _____5,253 44.5% 9 2,340 4 5,763 40.6% 10 2,340 4 . . - _ - 5,250 44.5% . _ _ 11 - - - 2,340 _ 4 5,250 44.5% • • Lot Floor Area Number of Lot Area Floor Area Ratio Number (Square Feet Bedrooms (Square Feet (Percentage) 12 2,340 4 5,250 _ 44.5% 13 2,340 4 7,506 I 31.1% Architecture-There are four (4) different residential designs for the proposed project. The applicant has taken the character of the surrounding neighborhood into consideration in the design of the proposed homes. The proposed exteriors are light earthtone and gray colors that will soften the "looming" presence that a larger development has the potential to create in a single-family neighborhood. Also, architectural elements have been added to eliminate impacts of two-story homes that the proposed project may have on surrounding properties. The applicant has proposed earthtone exterior color combinations for each unit in the following: Lots 1, 3, 5 & 7 (Plan I/Elevation A): The color and material of the main body of the units will be La Habra Stucco X-81 in "Oatmeal" with a Santa Barbara Mission finish. The fascia will be Dumi Edwards "Lost Summit" and the accent shutters will be Resawn Wood Shutters in "Marsh Maverick". The roofing material will be the Eagle Ponderosa flat tile in the gray/brown blend. The stone veneer for the base of the units is a Cultured Stone Product in "Aspen Country Ledgestone". Lots 2, 4 & 6 (Plan 1/Elevation B): The color and material of the main body of the unit will be La Habra Stucco X-81 in "Pure Ivory" with a Santa Barbara Mission finish. The exposed rafter tails will be Du -n Edwards "Hawk Brown" and the accent shutter will be Resawn Wood Shutters in "Volcanic". The roofing material will be Capistrano Mission S Tile in "Caliente". Lots 8, 10 & 12 (Plan 2/Elevation A): The color and material of the main body of the units will be La Habra Stucco X-81 in "Oatmeal" with a Santa Barbara Mission finish. The fascia will be Dunn Edwards "Lost Summit" and the accent shutters will be Resawn Wood Shutters in "Marsh Maverick". The roofing material will be the Eagle Ponderosa flat tile in the gray/brown blend. The stone veneer for the base of the units is a Cultured Stone Product in "Aspen Country Ledgestone". Lots 9, 11 & 13: (Plan 2/Elevation B): The color and material of the main body of the unit will be La Habra Stucco X-81 in "Pure Ivory" with a Santa Barbara Mission finish. Tile exposed rafter tails will be Dunn Edwards "Hawk Brown" and the accent shutter will be Resawn Wood Shutters in "Volcanic". The roofing material will be Capistrano Mission S Tile in "Caliente". The colored renderings of the elevations will be available to view at the Planning Commission Meeting. Gradin - The site currently has a natural north to south slope. This is lot has historically had this gradual slope and has drained in this manner. To provide adequate drainage for the site after development, the applicant is proposing to use a combination of fill and pump techniques. Originally, the applicant proposed to have an easement through some abutting properties on Earle Avenue for drainage, but no agreements could be arranged; as a result the applicant is proposing to construct catch basin and sump pump system that will connect directly to an underground County storm drain in Mission Drive. This will be constructed near the end of the common driveway near Lot 8. This will divert water from entering on properties located on Earle and Turpin Avenues. If the County does not approve the connection, the developer may be required to pump the flow onto the street; therefore a swale along Halkett Avenue may be constructed so all drainage flows down Mission Drive to Walnut Grove Avenue. The new Swale will eliminate excessive drainage onto Halkett Avenue, which has had problems with overflow in the past. Landscaping and Fencing - Each residence will include new landscaping with a combination of trees, shrubs, and sod. Each lot will have a combination of 15-gallon and 24" box trees in the front yard as well as low growing flowers and shrubs. The landscape plan indicates that there will be a mixture of Camphor Trees (Cinnamomum Camphora), Purple Leaf Plums (Prunus C. Krater Vesuvius), Crape Myrtles (Lagers troemia Indica) and a minimum of one Coast Live Oak (Quercus Agrifolia) per lot. There are two existing mature Heritage oak trees on the subject property. One of the trees is located on the westerly portion of the development in the public right-of-way and the other is located on the easterly property line of Lot 1. A variety of plants and ground covers have been chosen to create colorful front yards along the private driveway and looking from Mission Drive, such as Day Lilies, Pink Abella, Indian Hawthorne, Star Jasmine and a tall fescue mix for the grass. Although the rear yard areas will be individually landscaped by the property owner, the land will be prepared for landscaping by the developer. Each parcel will be equipped with an irrigation system including automatic timers and moisture sensors. A 6-foot high decorative concrete block wall will surround the entire perimeter of the proposed subdivision. Areas within the front yard setbacks will be reduced to a 4-foot high decorative concrete block wall. All existing fencing wi 11 be removed and replaced with the proposed block wall to provide a consistent look throughout the development. Neighborhood Character - In comparison to surrounding residences, development on the subject site would be greater. However, the proposed homes are consistent with the trend in new housing development in constructing larger homes that maximize lot areas. These homes are smaller than similarly approved project throughout The City of Rosemead. Staff has worked with the developer in designing a project that will create new single-family housing in the City without detracting from the character of the existing surrounding neighborhood. In addition, adverse impacts to the character of the surrounding neighborhood will be mitigated and architectural interest is added to the project by varying roof ridgelines, setting the second story fiirther back than the first, tile roofing, cultured stone veneer and other aesthetically pleasing elements. Overall, staff feels that the addition of this residential development will increase property values and the general aesthetics of the neighborhood. • • VI. RECONIIIIENDATION Staff recommends that the Planning Commission: Reconunend APPROVAL to the City Council of Tentative Tract Map 60158 and Zone Change 03-217, subject to the conditions outlined in Exhibit "A". ADOPT a Negative Declaration for Zone Change 03-217; and EXHIBITS: A. Conditions of Approval B. Tentative Tract Map 60158, Site Plan, Floor Plans & Elevation Plans C. Initial Study/Negative Declaration D. Assessor's Parcel Map (APN: 5372-016-021, 022, 023, 038) E. Zoning Map F. General Plan Map G. Tentative Tract Map Application, dated July 29, 2003 H. Zone Change Application, dated August 21, 2003 EXHIBIT "A" TENTATIVE TRACT MAP 60158 ZONE CHANGE 03-217 8470 MISSION DRIVE CONDITIONS OF APPROVAL JUNE 21, 2004 Tentative Tract Map 60158 and Zone Change 03-217 are approved for a 13-lot single-family residential development, to be developed in accordance with the plans marked Exhibit "B" dated January 21, 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 Tract Map 60158 and Zone Change 03-217 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 Tract Map 60158 and Zone Change 03-217 are approved for a two-yeas 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 Tract Map 60158 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. 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. 6. Prior to issuance of building permits, all school fees shall be paid. The applicant shal provide the City with written verification of compliance from the Unified School District. 7. 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. 8. Planning staff shall have access to the subject property at any time during constriction to monitor progress. 9. The conditions listed on this Exhibit "A" shall be copied directly onto development plans submitted to the Planning and Building Departments for review. 10. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s)- 11. 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. 12. 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 Q. 13. Prior to issuance of Building permits, a landscape and irrigation plan shall be submitted to the Planning Department for review, reflecting preliminary approval of landscape/site plan, commonly referred to as Exhibit B. Irrigation plan shall include automatic timers and moisture sensors. All landscaping and irrigation shall be installed and completed prior to final Planning Department approval. 14. All ground level mechanical/utility equipment (including meters, back flow preservation • 0 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. The Director of Planning before installation shall approve said screening. 15. No portion of any required front and/or side yards shall be used for storage of any type. 16. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. All trash and debris shall be contained within a trash enclosure. 17. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Department. 18. 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. 19. The numbers of the address signs shall be at least 6" tall with a minimum character width of 114", 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. 20. Applicant shall obtain a public works permit for all work in or adjacent to the public right-of-way. 21. Applicant shall install and complete all necessary public improvements, including but not limited to street, curbs, gutters, sidewalks, handicap ramps, and stone drains, along the entire street frontage of the development site as required by the Director of Planning. 22. 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. 23. 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 coniections to the satisfaction of the Director of Planning. 24. Tile 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. 25. All requirements of the Building and Safety Department and Planning Department shall be complied with prior to the final approval of the proposed construction. 26. Violation of the conditions of approval may result in citation and/or initiation of revocation proceedings. 27. Place stamped concrete at main driveway entrance from Mission Drive. Color shall be a medium to dark tone of gray. 28. Concrete block wall for the perimeter of the development shall be split face block with decorative caps and no red blocks. 29. All 6'-0" block walls that encroach into any required front yard setback shall be reduced to 4'-0" in height. 30. The minimum interior of the garages shall be 20'-0" x 20'-0" clear, with no obstructions, such as water heaters, washers and/or dryers. 0 • 31. The Rosemead Planning Commission must approve any changes to the approved plans. 32. Each unit shall be constructed exactly as approved; no as-built plans will be accepted. 33. The private driveway shall include red curbs and signage posting the drive area as a "Fire Lane" no parking allowed. 9 0 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. 2. 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. 3. 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 recorded 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 recorded map. 6. Comply with all requirements of the Subdivision Map Act. 7. 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. DRAINAGE AND GRADING 9. 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. 10. 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. 11. Historical or existing stone water flow from adjacent lots must be received and directed to the street, a public drainage facility, or an approved drainage easement. 12. Developer shall obtain a permit from the Los Angeles County Department of Public Works (LACDPW) for connection of the proposed drainage system to the existing storm drain in Mission Drive. If the proposed storm drain connection is not permitted by LACDPW, drainage from the entire site shall be directed to Earle Avenue by means of an approved drainage easement. If a drainage easement to Earle Avenue cannot be obtained, the developer may pump storm flows onto Mission Drive; however, this will require construction of a cross-gutter at Halkett Avenue. 13. Developer must comply with the City's storm water ordinance and SUSMP requirements. 9 9 ROAD 14. Width of private driveway shall be determined by the Fire Department. 15. Developer shall prepare a covenant, subject to City Engineer's approval, for ingress and egress, utility and drainage easement, fire lane, and maintenance of the private driveway and drainage system for Lots 2 through 12. 16. Lots 1 and 13 shall have independent drive approaches directly to Mission Drive. 17. New drive approaches along Mission Drive shall be constructed at least 5' from any above- ground obstructions in the public right-of-way to the top of "x" or the obstruction shall be relocated. 18. Drive approaches along Mission Drive shall be at least 10' wide for Lots 1 and 13, and 20' wide for Lots 2 through 12, or as required by the Fire Department. 19. Portion of existing drive approaches not in use on Mission Drive shall be closed with full curb, gutter and sidewalk. Protect existing oak tree. 20. Construct new sidewalk, including tree wells, along entire frontage on Mission Drive and plant parkway trees as determined by the City Engineer. The sidewalk shall comply with Americans with Disabilities Act (ADA) access requirements across proposed driveways. Protect the existing oak tree. SEWER 21. 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 to the City within the proposed private driveway. Separate house laterals shall be constructed to serve each lot of the land division. 22. 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. 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. 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.