CC - Item 3E - Approval Tract Map 622690
•
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: ANDY LAZZARETTO, CITY MANAGE
DATE: APRIL 19, 2006
RE: APPROVAL OF TRACT MAP NO. 62269 - 7931-45 WHITMORE STREET
Tract Map No. 62269 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 street, storm drain and sewer improvements subsequent to
the recordation of the tract map. Easement dedications are required to be granted on the
map for public utility and drainage purposes.
l Also attached for your information is a copy of Planning Commission's Conditions of
Approval.
RECOMMENDATION
It is recommended that the City Council:
1. Approve Tract Map No. 62269;
2. Approve the Undertaking Agreement;
3. Accept the utility and drainage easements; and
4. Direct the City Clerk to arrange for the recordation of the map.
Attachment
0 •
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this J?- day of ,J , 2006, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
SUNNY CONSTRUCTION & DEVELOPMENT CORPORATION
(NAME)
68 GENOA STREET, ARCADIA, CA 91006
(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 62269 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:
Street, storm drain and sewer improvements
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 $55,000.
•
•
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: 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
0
ut the CON-FRAC T OR, and shall in-rp way affect the /zi , fy c~ ibis contract or release th(
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 '::~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
0
CALIFORNIA ALL-PURPOSE AC14i?iiOW LEfr`?GMEN1
State of Californ
ss.
County of
On /2 ~fO before me.
Deg
personally appeared YY ✓\Y/
YVONNE L. RICHARD ~S
Comm. # 1432246 I^
NOMY PUELK - CALIFORMA N
Orange Count
0241 Comm. Wile: August 23. 0
•
"Jane Doe. Notary Pubk )
personally known to me
droved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted-,) executed the instrument.
my hand and official
Though the information beiow is nor required bylaw, it may prove valuable to persons relying on the document and could prevent
2uduient removal and reattachment of this form to another document.
Description c
Title or Type of C
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
- IndLJd al
Iu
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
O Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is
Feortler. Gall Toil-Free 1-804875-5827
BOND NO. 731486S
PREMIUM: $1,650.00/ 2 YEARS
CITY OF ROSEMEAD
BOND FOR FAITHFUL PERFORMANCE
(Subdivisions)
WHEREAS, the City Council of the City of Rosemead, State of California, and
INDEMNITY COMPANY OF CALIFORNIA
(hereinafter designated as "PRINCIPAL") have entered into an undertaking agreement
whereby PRINCIPAL agrees to install and complete certain designated improvements,
which said agreement, dated APRIL 14 , 2006, and identified as Tract
Map 62269, is hereby referred to and made 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, we, the PRINCIPAL and the undersigned as surety, are held
and firmly bound unto the City of Rosemead, hereinafter called ("CITY"), in the penal sum of
Fifty-five Thousand Dollars ($55,000.00) lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, successors,
executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bonded PRINCIPAL his or its
heirs, executors, administrators, successors, or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions, and provisions in
the said agreement and any alteration thereof made as there provided, on his or their part,
to be kept and performed at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless CITY, its
officers, agents, and employees, as therein stipulated, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable attorney's fees, incurred by CITY in
E
•
successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in anyway affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of
time, alteration, or addition to the terms of the agreement or to the work or to the
specifications. The surety hereby waives the requirements of Section 2845 of the Civil
Code as a condition precedent to any of the remedies the City of Rosemead may have.
IN WITNESS WHEREOF, this
instrument
has been
duly executed by the
PRINCIPAL and surety above-named, on
APRIL
14,
1 2006.
Principal
Principal
ALL SIGNATURES MUST BE 110,- i(, r"
WITNESSED BY NOTARY Surety
WILLIAM CHRIS BAILEY,
INDEMNITY COMPANY OF
ATTORNEY-IN-FACT
CALIFORNIA
0
C/`,s;UFORN1A ALL-PURPOSE ACKNOWLEDGMEN7
State of Califor 'a
C
On
Dale (J
personally appeared
ss.
d'
County of
e before me L
Jame and
0 personally known to me
'proved to me on the basis of satisfactory
YVONNE L. RICHARD$ evidence
Comm. # 1432246
LOS NOMY?Ulu",CAltroawu to be the person(s) whose name(s) is/are
r~Aa Orange Cowry subscribed to the within instrument and
/ 61y comm. E►plrei Aul;023.2001
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
W TNESS my hand e al.
/ Sign re of Notary Pu lK
r
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 Doc
i
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by
Signer's
11
Individual
Corporate Officer - Title(s): _
Partner - ❑ Limited ❑ General
Attorney-in-Fact
Trustee
Guardian or Conservator
Other:
Signer Is
of Pages:
Ton of tht, here
0 1999 National Notary ASSObahon - 9350 De Solo Ave . PO Box 2402 • Chatsworth, CA 9'313.2402 • www.nalronalnolary.org Prod No 5907 Reorder Call Toll-Free 1-600.876-6827
f
State of CALIFORNIA
County of LOS ANGELES
On 4/14/2006 beforeme. WILLIAM F. PERSONS, NOTARY PUBLIC
Date dame anc 7tie of ~ffx:er le.g -Jane Doe. Notary Pubxc-
personally appeared WILLIAM CHRIS BAILEY
Namelst of Signers)
}f- personally known to me
_ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscnbea to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capaciry(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
WILLIAM F PERSONS acted. executed the instrument.
COMM #1358134
NOTARY PUBLIC CALIFORNIA
Los ANGELES COUNTY WITNESS my ha d and offi , f seal.
5 re at NotarV PuDlx:
OPTIONAL
Though the information below is nor reoufrea by law, it may prove valuable to persons relying on the document ano could prevent
frauduient removal and reartacrlment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
006
Capacity(ies) Claimed by Signer(s)
Signer's Name:
-1 Individual
Corporate Officer
Title(s):
Partner - - Limited - General
U Attorney-in-Fact
= Trustee
Guardian or Conservator r.
Too of :7urno here
= Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
Individual
Corporate Officer
Title(s):
_ Partner Limited = General
= Attorney-in-Fact
Trustee
= Guardian or Conservator
Other: -cc c- -nunnc mere
Signer Is Representing:
SUBDIVISION PERFORMANCE BOND # 7314865
0 1996 National Notary Association •6:36 Rernmet Ave.. P.O. Box 7184 • Canoga Park. CA 91309-7164 Prod. No. 5907 Reo aer Call Td-Free 1-600-676.6627
• •
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint:
***William Chris Bailey, William Ford Persons, jointly or severally***
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings
and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and ,
all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to
execute Powers of Attorney, qualifying the atomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 st day of February, 2005.
OCT. 5
OCT. 's a : R;ko'
10 i n = 1967
1936 J'21 STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On February 1, 2005, before me, Nita Cz Hiff neyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument
WITNESS my hand and official seal.
Nrm Q. HIFFMEYER
COWL i 1543481
trOUM KIM C&FOfMA
OPANGEE COUNTY
Signature 1 y omm wpIras Jm.10, 200
CERTIFICATE
The undersigned, as Executive Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of
the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is exetutcd in the City of Irvine, Califomia, the 14 t try of APRIL 2006
By
David L. Kerrigan, Executive Vice-President
m-1390 (Rev. 2/05)
i 0
BOND NO. 731486S
CITY OF ROSEMEAD PREMIUM PAID ON PERFORMANCE BONG
BOND FOR LABOR AND MATERIALS
(Subdivisions)
WHEREAS, the City Council of the City of Rosemead, State of California, and
INDEMNITY COMPANY OF CALIFORNIA
(hereinafter designated as "PRINCIPAL") have entered into an undertaking agreement
whereby PRINCIPAL agrees to install and complete certain designated improvements,
which said agreement, dated APRIL 14 ,20061 and identified as Tract
Map 62269, is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, PRINCIPAL is required before
entering upon the performance of the work, to file a good and sufficient payment bond with
the City of Rosemead to secure the claims to which reference is made in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of
California.
NOW, THEREFORE, said PRINCIPAL and the undersigned as surety, are held
firmly bound unto the City of Rosemead and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of the aforesaid agreement
and referred to in the aforesaid Civil Code in the sum of Twenty-seven Thousand Five
Hundred Dollars ($27,500.00), for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor,
that said surety will pay the same in an amount not exceeding the amount hereinabove set
forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by City in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgement therein rendered.
•
11
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit
of any and all persons, companies and corporations entitled to file claims under Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a
right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall
become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of said agreement or the specifications accompanying the
same shall in any manner affect its obligations on this bond, it does hereby waive notice of
any such change, extension, alteration or addition, and hereby waives the requirements of
Section 2845 of the Civil Code as a condition precedent to any remedies the City of
Rosemead may have.
IN WITNESS WHEREOF, this instrument has been duly executed by the
PRINCIPAL and surety above-named, on APRIL 14,
2006.
ALL SIGNATURES MUST BE
WITNESSED BY NOTARY
z
Princi al
Principal
WILLIAM CHRIS BAILEY, ATTORNEY-IN-FACT
INDEMNITY COMPANY OF CALIFORNIA
•
I ALIFORNIA ALA.-PURPOSE ACKNOWLEDGMENT
State of Californi ss.
County of
On / r 1~ - r! before mg.
•
Pub4c )
personally appeared
YVONNE L. RICHARDS~
T = Comm. # 1432246
•'n v
' NOTARY PUBLIC -CALIFORNIA
U/
Orange County
•,-~__y ,N; CoMm FspilesAugustV.2007 ~
personally known to me
,yj,proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted,)executed the instrument.
W(T,NESS my hand an o vial I. -
s,gWture O~N0lary ubiK
OPTIONAL
Thouoh 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 Do ument
Title or Type of Document: L'✓ G~~y~1
t
Document Date: J Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual TOG ° ht mn here
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited `i General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 Nation' Notary A-UmwLon • 9350 De Solo Ave, PO Boy 2402 - Chatsworth, CA 8.313.2402 • www.natronatrrote yorg Prod No. 5907 Reorder Call Toll-Free 1$00.97646827
0 •
FORNIA ALL-PURPOSE ACKNOWLEDGMENT
Mate ~f CAr T FORMA
Countv of LOS ANGELES
On 4/14/2006 beforeme, WILLIAM F. PERSONS, NOTARY PUBLIC
Dale Name and Tice of Officer re o.. 'Jane Doe. Natarv Pudic')
persorally appeared WILLIAM CHRIS BAILEY
.Namels) of Stgnens)
personally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) isiare subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
WILLIAM F person(s), or the entity upon behalf of which the person(s)
COMM #1~35~g ~ p
ANGELESCOUNTY acted. executed the instrument.
'OTAFIyLOSPL"UC CALIfOftVl~tvi WITNESS my hand and official eal.
cousin E9000 A,by 25 2006
;gnat~re a Notary auatc
OPTIONAL
Thougn the information oetow is not required by law it may prove valuaole to persons relying or the document and could prevent
'rauoulent removal and reattacnmenr of this form !o another document.
Description of Attached Document
Title or Type of Document:
Document Date:
SUBDIVISION LABOR & MATERIALS BOND # 731486S
4/14/2006
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Guardian or Conservator -
Other:
Individual
= Corporate Officer
Title(s):
= Partner - = Limited - General
Attomey-in-Fact
Trustee
Signer Is Representing
Signer's Name:
Number of Pages:
- Individual
Corporate Officer
Title(s):
Partner - = Limited - General
Attomey-in-Fact
- Trustee
Guardian or Conservator
- Other:
Signer Is Representing:
• n r°
-oo of -nur-D here
i ~
I
C 1996 National Notary Association • 11236 Remmet Ave.. PC. Box 7184 • Canoga Park CA 91309-7184 Prod. No. 5907 Reorder Calf Tcd-Free 1$00.876-8927
•
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint:
***William Chris Bailey, William Ford Persons, jointly or severally***
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, and ak gs
and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations frill power of substitution and revocation, and '
all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to
execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached,
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of February, 2005.
By. ~.~~{••AND/Np O~►PANYO~
David H. Rhodes, Executive Vice-President
Po
R
0 R4
~W o OCT. z ? OCT. 5
ZUJ C6 ' 10 n = to 1967 X '0 z
BY: o19 36 :J
oy o ~r 2
Walter A. Crowell, Secretary s~7~Ati10W/r•,r~►+ar ~CIFOP~ a
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On February I, 2005, before me, Nita G Hiffmeyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument
WITNESS my hand and official seal.
NffA Q. H":MEYER
COMM. i 1543481
NODIFIY PU PUBIIC CAL1F0W
Signature ORANGE COl1NTY
men agrlraa Jan. 10, 2000
CERTIFICATE
The undersigned, as Executive Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full fora and has not been revoked, and furthermore, that the provisions of
the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the 14 t h bey of APRIL 2006
v 4
BY
David L. Kerrigan, Executive Via-President
ID-1360 (Rev. 2105)
• •
PC RFSOLUTION 05-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS .ANGELES, STATE OF CALIFORNIA
APPROVING TENTATIVE TRACT MAP NO. 062269 FOR THE
SUBDIVISION OF TWO PARCELS INTO SIX LOTS FOR THE
DEVELOPMENT OF SIX (6) NEW SINGLE-FAMILY RESIENTI_AL UNITS
AND ZONE VARIANCE 05-331 FOR ONE COMMON DRIVE TO SERVE
ALL SIN UNITS LOCATED AT 7937 - 7945 W'HITNIORE STREET IN THE
R-2 (SINGLE FAMILY RESIDENTIAL,) ZONE (APN: 5287-031-053,054).
WHEREAS, Grace Kwok has submitted an application for a Tentative Tract Map for the
subdivision of one parcel into six lots, for the development of five new single-family residential units
and a Zone Variance for one common drive to serve all six units, on April 5, 2005; and
WHEREAS, this property, at 7937 - 7945 Whitmore Street, is located in the R-2 (Light
Multi- Family Residential) zone; and
WHEREAS, Section 17.16 et seq. of the Rosemead Municipal Code sets standards for
development of properties in the R-2 Zone; and
WHEREAS. Sections 66451 et seq of the California Government Code (Map Act) and
Section 16.08.130 of the Rosemead Municipal Code authorize the Planning Comtrtission to approve,
conditionally approve or deny tentative subdivision maps; and
WHEREAS, Sections 66473.5 and 66474 of the California Government Code (Map Act) and
16.08 of the Rosemead Municipal Code specify the criteria by which a subdivision map may be
granted:
• The map will not be materially detrimental to the public welfare nor injurious
to the property;
• The proposed subdivision 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; and
WHEREAS. Section 17.108.020 sets criteria required for granting a variance:
• Constitute a grant of special privilege inconsistent with the limitations upon
other properties in the vicinity;
• Be materially detrimental to the public health or welfare or injurious to the
property or improvements in such zone or vicinity;
• Adversely affect the comprehensive general plan; and
• That because of special circumstances, the strict enforcement of the code
would deprive the subject property of privileges enjoyed by other properties
in the vicinity under identical zone classifications.
WHEREAS. on July 7, 2005, notices were posted in 8 public locations and 60 notices were
sent to property owners within a 300-foot radius from the subject property specifying the date time
and location of the public hearing for Tentative Tract Map 062269; and
WHEREAS, on July 18, 2005, the Planning Commission held a duty noticed and advertised
public hearing to receive oral and written testimony relative to Tentative Tract Map 062269; and
WHEREAS, the Rosemead Planting Commission has sufficiently considered all testimony
presented to them in order to make the following determination.
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NO«'. THEREFORE. BE IT RESOLVED by the Planning Commission of the City of
Rosemead as follows:
SECTION 1. The Planning Conunission HEREBY DETERMINES that Tentative Tract
map 062269 and Zone Variance 05-331 are Categorically Exempt under Section 15332(b) of the
California Environmental Quality Act (CEQA) and local environmental guidelines where
development occurs within city limits on a project site of no more than five acres substantially
surrounded by urban uses. Accordingly, Tentative Tract Map 062269 is classified as a Class 32
Categorical Exemption pursuant to Section 15332(b) of CEQA.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts
do exist to justify approving Tentative Tract Map 062269 according to the criteria of Section
16.08.130 of the Rosemead Municipal Code as follows:
A. The map will not be materially detrimental to the public welfare nor injurious to the
property or improvements in the immediate vicinity.
FINDING: Property in the immediate vicinity will not be detrimentally affected by the
proposed subdivision because the surrounding area has zoning and land uses that are also based on
Light Multi-Family Residential. all utilities shall be installed underground, and the proposed lot sizes
exceed the minimum requirements of the City's zoning and subdivision ordinance,
B. The proposed division will not be contrary to any official plan adopted by the City
Council of the City of Rosemead; or to any official policies or standards adopted by the City Council
and on file in the office of the City Clerk at or prior to the time of filing of the application hereunder.
FINDING: The site is designated as medium density residential in the General Plan maps
and Light Multi-Family Residential in the Zoning maps. The proposed development complies with
the allowable uses and the minimum setback requirements of the R-2 (Light Multi-Family
Residential) zoning district. Therefore, this proposed development at its site would not be contrary
to any official plan, policies, and standards adopted by the city.
C. Each proposed parcel conforms in area and dimension to the provisions of zoning and
subdivision requirements of the City of Rosemead.
FINDING: The proposed tract map will subdivide two parcels into six (6) lots for the
development of six (6) new single-family residential units and a common driveway to provide
ingress/egress to the development. Each lot has been designed to meet the minimum lot size and
property dimension requirements as required for single-family residential units, under Rosemead
Municipal Code Section 17.16.
D. All streets, alleys and driveways proposed to serve the property have been dedicated or
such dedication is not required for the protection of public safety, health and welfare and that such
streets, alleys and driveways are of sufficient width, design and construction to preserve the public
safety and to provide adequate access and circulation for vehicular and pedestrian traffic.
FINDING: The City Engineer has reviewed this proposed subdivision relative to the
adjacent right-of-way and the private common driveway has been reviewed by the Los Angeles
County Fire Department in meeting their subdivision requirements. Based on these reviews, it is
determined that the design and construction of this project would preserve the public safety and
provide adequate access and circulation for vehicular and pedestrian traffic.
E. Alley easements and covenants required for the approval of the tentative map or plot plan
have been duly executed and recorded.
FINDING: Prior to recordation of the final tract map, the applicant is required to record a
covenant for ingress and egress, utility and drainage easement, fire lane, and maintenance of
driveways, as required by the City Engineer.
An applicant must obtain a variance in order to create a development that does not meet the
minimum standards. Section 17.108.020 sets criteria required for granting such a variance. If one of
• •
these criteria cannot be met, then the variance may not be granted. These criteria require that
_gantinx such a ,ariance III not:
F. Constitute a grant of special privilege inconsistent with the limitations upon other
properties in the vicinity.
FINDING: This proposal will not be detrimental to the existing neighborhood and will not
be granting any special privilege to the property owner. In fact, staff feels that the addition of this
residential development will increase property values and the general aesthetics of the neighborhood.
G. The project will not be materially detrimental to the public health or welfare or injurious
to the property or improvements in such zone or vicinity.
FINDING:, 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. Overall, staff feels that the addition of this residential development will increase
property values and the general aesthetics of the neighborhood.
H. The project will not adversely affect the comprehensive General Plan.
FINDING: The site is designated in the General Plan for Low Density Residential and on
the zoning map for R-2 Light Multi-Family Residential zone.
1. That because of special circumstances, the strict enforcement of the code would deprive
the subject property of privileges enjoyed by other properties in the vicinity under identical zone
classification.
FINDING: The Zoning Ordinance limits the number of flag lots per project to a maximum
of three (3) allowed within any subdivision consideration. The original proposal, submitted January
24, 2005 was for two (2) adjacent - three (3) flag lot subdivisions. After further review of the
project, Staff felt that one common driveway to serve all six units was a better design. The applicant
applied for a Zone Variance to deviate from the maximum allowable number of units for a flag lot
development.
SECTION 3. The Planning Commission HEREBY APPROVES Tentative Tract Map
062269for the subdivision of two parcels into six lots, for the development of six new single-family
residential units and Zone Variance 05-331 for one common drive to serve all six units, located at
7931- 7945 Whitmore Street (APN: 5287-031-053, 054), subject to the conditions listed in Exhibit
"A" attached hereto and incorporated herein by reference.
SECTION 4. This resolution is the result of an action taken by the Planning Commission on
July 18, 2005, by the following vote:
YES: BREEN, HERRERek, KELTY, LOI AND LOPEZ
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
SECTION 6. The secretary shall certify to the adoption of this resolution and shall transmit
copies of same to the applicant and the Rosemead City Clerk
PASSED, APPROVED and ADOPTED, this I" day of Augus 005.
/Duccoi, Chairperson
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CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission
of the City of Rosemead at its regular meeting, held on the I" day of August, 2005, by the following
vote:
YES: HERRERA, BREEN, LOI, LOPEZ, KELTY
NO: NONE
ABSENT: NONE
ABSTAIN: NONE Xadford /
Secretary
on,
w !
EXHIBIT "A"
TENTATIN E CRAC"I MAP 062209
ZONE N'ARIANCE 0S-331
7931 -7945 WHITMORE STREET
CONDITIONS OF APPROVA L
Julv 18, 2005
1. Tentative Tract Map 062269 and Zone Variance 05-331 are approved for a six-lot single-
family residential development, to be developed in accordance with the Tentative Parcel Map
marked Exhibit "B" dated April 6, 2005, and the architectural plans marked Exhibit "B"
dated April 5, 2005 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 062269 and Zone Variance 05-331 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 062269 and Zone Variance 05-331 are approved for a two-year period.
Applicant shall make progress towards initiation of proposed use or request an extension 30
days prior to expiration froul the Planning Commission. Otherwise Tentative Tract Map
062269 and Zone Variance 05-331 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 shall
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 construction 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. 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.
13. 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
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Planning before installation.
14. All roof top appurtenances and equipment shall adequately be screened from view to ti
satisfaction of the Planning Department.
15. 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.
16. 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.
17. Applicant shall obtain a public works permit for all work in or adjacent to the public
right-of-way.
18. 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.
19. 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.
20. 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.
21. Violation of the conditions of approval may result in citation and/or initiation of revocation
proceedings.
22. Each unit shall be constructed exactly as approved; no as-built plans will be accepted.
23. Prior to the installation of new perimeter block walls, a detail indicating the decorative wall
design shall be submitted to the Planning Department for review and approval.
24. All requirements of the Building and Safety Department and Planning Department shall be
complied with prior to the final approval of the proposed construction.
C'ITI" F7N(,J iFER'S RECONINIFNDED CONDITIONS OF APPROVAL
FOR TENTATIVE PARCEL INW, 062269
GENERAL
1. Details shown on the tentative map are not necessarily approved. Any details which are
inconsistent with requirements of ordinances, general conditions of approval, or Cin,
Engineer's policies must be specifically approved in the final snap 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.
j. Final parcel 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.
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.
S. 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 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.
12. Developer must comply with the City's storm water ordinance and SUSMP requirements.
ROAD
13. Developer shall prepare a covenant, subject to City Engineer's approval, for ingress and
esress, utility and drainage easement, fire lane, and maintenance of the private driveway for
Lots 1 through 6.
14. New drive approach 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.
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1;. Width of private drive-ay sertii112 Lots 1 through 6 shall be as required by the Fire Chief
16. Two (2) existing drive approaches on Whitmore Street shall be closed with full curb. ,uner
and sidewalk.
17. Developer shall remove all of the existing palm trees in the parkway and plant six (6) 24-inch
box parkway trees along the frontage of Lots 1 and 4. Species to be determined by the City
Engineer.
SEWER
is. Approval of this land division is contingent upon the installation of local 8-inch 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.
19. 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.
20. The developer shall consult the City Engineer to determine the sewer location and design
requirements.
UTILITIES
21. Power, telephone and cable television service shall be underground.
22. Any utilities that are in conflict with the development shall be relocated at the developer's
expense.
WATER
23. Al] 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.
24. 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.
25. 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.
S F
O ♦ 7
94 \
® staf
11
eport
ROSEMEAD PLANNUNG COMMISSION
PUBLIC HEARING STAFF REPORT
TO: HONORABLE CHA &IAN
AND MEMBERS
ROSEMEAD PLANNING COMMISSION
FROM: PLAIN7N1NG DEPARTMENT
DATE: JULY IS. 2005
SUBJECT: TENTATIVE TRACT MAP 062269
ZONE VARIANCE 05-331
7937 - 7945 WHITMORE STREET
SUBDIVISION OFTWO (2) EXISTING PARCELS INTO SIX (6) PARCELS,
FOR THE DEVELOPMENT OF SIX (6) SINGLE-FAMILY RESIDENCES.
Project Description
Grace Kwok has submitted an application for a Tentative Tract Map to subdivide two (2) existing
parcels into six (6) parcels, for the development of six (6) single family residences, located at 7931-
7945 Whitmore Street in the R-2; Light Multi-Family Residential Zone.
Public Notice
On July 7, 2005. fifty-three (53) written notices of this public hearing were mailed to property
owners within 300 feet of the subject site. On July 7, 2005, eight (8) notices were posted in
designated public places.
Environmental Analysis
Section 15332(b) of the California Environmental Quality Act (CEQA) and local environmental
guidelines, where development occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses. Accordingly, Tentative Tract Map 062269 & Zone Variance
05-331 is classified as a Class 32 Categorical Exemption pursuant to Section 15332(6) of CEQA.
Accordingly, Tentative Tract Map 062269 and Zone Variance 05-331 are classified as a Class 32
Categorical Exemption pursuant to Section 15315 of CEQA.
Municipal Code Requirements Requirements
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.
Section 17.108.020 sets criteria required for granting such a variance. Uone of these criteria cannot
~OSEMEAD PLANNING
0
r 1
LI
be met, then the variance may not be g-ranted. These criteria require that granting such a variance
«•ill not:
• Constitute a grant of special privilege inconsistent with the limitations upon other
properties in the vicinity:
• Be materially detrimental to the public health or welfare or injurious to the property
or improvements in such zone or vicinity:
• Adversely affect the comprehensive general plan; and
• That because of special circumstances. the strict enforcement of the code would deprive the
sub ject property of privileges enjoyed by other properties in the vicinity under identical zone
classifications.
Property History & Description
The subject site consists of two (2) parcels totaling 38,1001 square feet. The lots are currenth
developed with multiple single-family residential units. According to the Assessors records, the
residences were constructed between 1956 and 1955 with subsequent permits issued by The City of
Rosemead Building Department. All existing structures will be demolished upon approval of the
proposed project.
Subject Sit,, & Surrounding Uses
The site is designated in the General Plan for Low Density Residential and on the zoning map, it is
designated for R-2; Light-Multi Family Residential zone. The site is surrounded by the following
land uses.
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North:
n
i
7
-
`
South:
_
~~'nrr.~i F'an:
~leatum Denstrv 1?esident:al
.
=~encr.~~P!.r,,
i
a
. R.esu
en
~t~1:umL~_nn
.
Light ltulti-Family Residential
R-'
Z011111":
Li ht Multi-Panul_;
ng:
Zon
Land Use:
Residence
Land Use:
Residence
West:
East:
General Plan:
Medium Density Residential
General Plan:
Medium Density Residential
l
:
Z
i
R-2; Light Multi-Family Residential
Zoning!
R-2; Li-ght Multi-Family Residentia
ng
on
Land Use:
Residence
Land Use:
Residence
Administrative Continents & Analysis
The applicant proposes to subdivide the subject properties into six (6) lots with a conunon driveway.
The Zoning Ordinance limits the number of flag lots per project to a maximum of three (3) allowed
within any subdivision consideration. The original proposal, submitted January 24, 2005 was for
two (2) adjacent - three (3) flag lot subdivisions. After further review of the project, Staff felt that
one common driveway to serve all six units was a better design. The applicant applied for a Zone
Variance to deviate from the maximum allowable number of units for a flag lot development.
The proposed lots would range in area from 5,160 square feet to 6,225 square feet (net square
footage), averaging 5,610 square feet; and 6,150 square feet to 6.822 square feet (gross square
footage) with the average lot consisting of approximately 6,399 square feet. The proposed
residences will have between 2,246 and 2,500 square feet of living area. The Floor Area Ratic
(FAR) for the units ranees from 40% to 440,10.
The City Engineer has checked the pardel 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, which is more difficult to achieve if the units were
occupied as rentals. Lastly, the General Plan Land Use element specifies the density for Lo"
Density Residential properties as 0 - 7 units per acre. This proposed project is developed at 6.S
units per acre.
Zoning Setbacks
This area is zoned for R-l; Single Family Residential and the homes are being built within the
property development standards of the R-1; Single-Family Residential zone, as indicated in the table
below:
FIGURE I
Side Yard I
Side Yard
Rear Yard
Building
Lot Number Front Setback
Setback
Setback
Setback
Height
1" floor
2"' floor
1 20'-0"
5'-0"-28'-0" lU'-0„
'
2 20'4" 25%0" 5'-0"- 8'-4" 101-011
-
- -
1' _
%
"
-
-
22 -4„
T7
-;.l -
~
(
4°;
-
-0
5
10
0
- -
-
'811-0"
101-o"
-
20'-0"
_
_
(
27'- l
,
'
- T- 25,
i' 0"- 8 -4'
10'-0'.
2-_4»
-IT
i 27
25'-4"--
6
- 51-0"
'C'-0
20'-0"
Residential Floor Plans
Six (6) single-family residences are proposed with this development. Floor plan sizes range from
2,246 to 2,500 square feet of living area with attached two-car ;arages and two stories. There arc
three (3) different architectural plans detailed by the following:
Lots 1 & 4: This plan consists of 2.500 square feet of living area. The first floor includes a
living room, dining room, family room, kitchen, one (1) bedroom, one (1) bathroom, one (1)
powder room and a two-car garage. The second floor consists of three (3) bedrooms, three
(3) bathrooms and a laundry room.
Lots'_ & 5: This plan consists of 2,246 square feet of living area. The first floor includes a
living room. ditung room, kitchen, family room; one (1) bedroom, one (1) bathroom, one (1)
0
•
powder room, a laundry room and a two-car garage. The second floor consists of a master
t,~dronm Guile (with a wll --in clo5el and hjthr„nml. tvvn r21 hedrooms and mane f 11
lutirroom.
Lots i & 6: This plan consists of 2,450 square feet of living area. The first floor includes a
hvinz room, dining room. kitchen, family room, one (1) bedroom, one (1) bathroom. one (1)
powder room and a two-car garage with laundry facilities. The second floor consists of a
master bedroom suite (with a walk-in closet and bathroom), two (2) bedrooms and one (1)
bathroom.
FIGURE 2
Lot
Floor Area
Number of
Net Lot Area
Floor Area Ratio
Number
(Square Feet)
Bedrooms
(Square Feet
(Percentage)
I
]
- 2,500
-
4
6,225
40%
-
2,246
4
5,160
43%
3 i
2,450
1 4 _
5,447
- 44%
4
2,500
4
6,225
40%
5
2,246
_
--.4
5,160
_43%
6 r
2.450
4
5.447
44%
At•chitecture
There are six (6) different residential designs for the proposed project. The design is a contemporan
architectural forth with many modem architectural features. The applicant has proposed earth tone
exterior color combinations for each xnit~in the following:
There are three (3) different exterior color and material schemes. Lots 1 and 6 share the same color
scheme, Lots 2 and 4 share the same color scheme and Lots 3 and 5 share the same color scheme.
All units will have aluminum roll-up doors in "Almond". Each.unit also has front entry with solid
walls creating recessed entiyways. The porches have small projections from the building wall and do
not extend to the top of the second floor. Each unit also has a combination of hip and gable roof
systems to eliminate the appearance of a single massive roof.
Lots 1 & 6: The main body of the unit will be smooth La Habra Stucco in "Pacificsand".
with stucco window and door trim. fascia and decorative window shutters in "Seal Point".
The roofing material will be flat concrete Eagle Tiles in the "Vallejo" range. The elevation
also incorporates a Riverside Stone veneer product in "Rust and Gray Mountain Stone". The
stone veneer will be placed at the base of the walls and continue up and around the entire
frontage of the entry porch to create a focal entry point for both units. Unit 1 has decorative
wood window shutters as well as decorative ironwork on some of the second floorwindows.
Unit 6 has decorative ironwork on the second floor as well.
Lots 2 & 4: The main body of the unit will be smooth La Habra Stucco in "Oatmeal". with
stucco window and door trim, fascia and decorative window shutters in "Sahara". The
roofing material will be flat concrete Eagle Tiles in the "Kings Canyon Blend". The
elevation also incorporates a Riverside Stone veneer product in "California Cut Castle The
stone veneer will be placed at the base of the walls. Unit 4 has decorative wood window
shutters as well as decorative ironwork on'some of the second floor windows. Unit 2 has
decorative ironwork as well.
Lots 3 & 5: The main body of the unit will be smooth La Habra Stucco in "French Vanilla",
with stucco window and door trim and fascia in "Travertine". The roofing material will be
flat concrete Eagle Tiles in the "Brown- range. The elevation also incorporates a Riverside
Stone veneer product in "Gold Cut Castle". The stone veneer will be placed at the base of
the walls. Unit 5 has decorative ironwork around the window directly above the entry door.
The colored renderings of the elevations will be available to view at the Planning Commission
Meetine.
Landsca,rin, :11id Fencing
Each reside:ice wvill include new landscaping with a combination of trees, slu-ubs, low growing
flowers and sod. Although the rear yard areas will be individually landscaped by the property- owner.
'llc Llilu ,111 h~ i';- 1?a+'=~l t'~;. ~::ild_C:I~";ll^ b,.- the eloper plall mnis:lr.
submitted to the Planning Department for review. Each parcel will be equipped ~,l ith an I rigant
system including automatic timers and moisture sensors.
The site plan indicates that there will be a new 6'-0" tan block wall alone the rear property line. Tile
applicant must submit a detailed wall plan showing the location, appearance, material and color.
This includes any proposal for walls or fences within any required front yard setback, which may not
exceed 4'-0" in height. There will be stamped concrete at the entrance of the common driveway and
spaced equally along the length of the driveway in an earth tone hue complementary to the homes.
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. There are various architectural styles and sizes on
this block of Whitmore Street.
Staff has worked with the developer in designing a project that will create new single-fanrilyhousing
in the City without detracting from the character of the existing surrounding neighborhood. Li
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 stop,
further back than the first, tile roofing and other aesthetically pleasing elements. The stone veneer
was increased to add more character to the front elevations while highlighting the entryway. The
homes will appear more suitable for the lot'size because the massing and bulk of the front elevation
has been reduced. Overall, staff feels that the addition of this residential development will increase
property values and the general aesthetics of the neighborhood.
RECOALNIENDATION
Staff recommends that the Plamling Commission reconunend APPROVAL- of Tentative Tract N1.1'
062269 and Zone Variance 05-331 subject to the conditions outlined in Exhibit "A".
EXHIBITS:
A. Conditions of Approval
B. Tentative Parcel Map 062269
Site Plan. Floor Plans Elevation Plans
C. Assessor's Parcel Map (APN 5287-031-053, 054)
D. Zoning Map
E. General Plan Map
F. Tentative Tract Map Application, dated April 5, _'005
G. Zone Variance, dated April 5, 2005
0 •
EXHIBIT "A"
TENTATIVE TR.-~CT MAP 06269
ZONE VARI. NCE 05-331
7931 - 7915 WHITTIORE STREET
CONDITIONS OF ?.PPROVAL
Julv 18. 2.005
1. Tentative Tract Map 062269 and Zone Variance 05-331 are approved for a six-lot single-
family residential development, to be developed in accordance with the Tentative Parcel Mall
marked Exhibit "B° dated April 6, 2005, and the architectural plans marked Exhibit "B"
dated April 5, 2005 and submitted colored elevations and color and material sample boards.
Anv revisions to the approved plans must be resubmitted for review and approval by the
Planning Department.
2. Approval of Tentative Tract Map 062269 and Zone Variance 05-331 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 062269 and Zone Variance 05-331 are 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 Plamning Commission. Otherwise Tentative Tract Map
06269 and Zone Variance 05-331 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 shall
provide the City with written verification of compliance from the Unified School District.
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 Citv.
8. Planning staff shall have access to the subject property at any time during construction 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 b-ythe appropriate department(s).
11. Driveways and parkina areas shall be surfaced and improved with Porland concrete cement
as shown on Exhibit "B and thereafter maintained in good serviceable condition.
12. 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 Plarming Department approval.
13. All ground level mechanicaliutility equipment (including meters, back flow preservation
devices, fire valves, A/C condensers, fumaces and other equipment) shall be located away
from public view or adequately screened by landscaping or screening walls so as not to b
seen from the public right-of-way. Said screening shall be approved by the Director of
Planuting before installation.
0
i-4. All nog top appurteiianc °s and colUlhlilcilt Shall adeyuatel_, be screened lrom view to tnc
satisfaction of the Plarinin_ Department.
15. 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.
16. 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 Plamtin.,.
prior to installation.
17 . Applicant shall obtain a public works permit for all work in or adjacent to the public
right-of-way.
18. 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.
19. 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
Plaluiing.
20. 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.
21. Violation of the conditions of approval may result in citation and/or initiation of revocation
proceedings.
22. Each unit shall be constructed exactly as approved; no as-built plans will be accepted.
23. Prior to the installation of new perimeter block walls, a detail indicating the decorative wall
design shall be submitted to the Planning Department for review and approval.
24. All requirements of the Building and Safety Department and Planning Department shall be
complied with prior to the final approval of the proposed construction.
{ 1 f} F \4-,INV I C I ' (P%INIFNDI-i? CONDITIONS O F A PPROVILL
FVI: fL:1~ I:~TI} E P.-kKCEL NIAP Ou2269
GENERAL
1. Details shown on the tentative map are not necessarily approved. Any details which 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 Citv 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 fora
map based on a field survey.
5. Final parcel 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
Citv, which will be refunded upon receipt of the mylar copy of the filed 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, tine 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 b_,
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 Cite
Engineer, including dedication of tine necessary easements.
10. A grading and drainage plan must provide for each lot having an independent drainage
svz;tem to the public street, to a public drainage facility, or by means of an approved drainage
11. Historical or existing storm water flow from adjacent lots must be received and directed b%
gravity to the street, a public drainage facility, or an approved drainage easement.
12. Developer must comply with the City's stonn water ordinance and SUSMP requirements.
ROAD
13. 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 for
Lots 1 through 6.
14. New drive approach 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.
11
•
I . Width of pnv-.it? drip e',N c,. per. in_ Lots 1 tilt( uxh r shall be as required the Fire Chief
16. Two (-I) existing drive approaches on Whitmore Street shall be closed with full curb, gutlc!
and sidewalk.
17. Developer shall remove all of the existing paten trees in the parkway and plant six (b) 24-inch
box parkway trees along the frontage of Lots 1 and 4. Species to be determined by the Cite
Engineer.
SEVv'ER
is. Approval of this land division is contingent upon the installation of local 8-inch 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.
19. The developer shall send a print of the sewer plans to the City and to the Los .Angeles Count 'V
Department of Public Works for review. Approval must be assured prior to filing this land
division map.
20. The developer shall consult the City Engineer to determine the sewer location and design
requirements.
UTILITIES
21. Power. telephone and cable television service shall be underground.
22. Airy utilities that are in conflict with the development shall be relocated at the developer's
expense.
WATER
23. 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.
24. The water mains shall be of sufficient size to accommodate the total domestic and fire flo\\
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.
25. Prior to the filing of the final map, there shall also be filed with the City Engineer, a
statement fi•om the water purveyor indicating subdivider compliance with the Fire Chiefs fire
flow requirements.
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Garvey
FIGURE LU-4
Land Usze Policy
Planning Area 4
City of Rosemead
General Plan
COTTON/BELAND/ASSOCIATES
~,A/ - /`r
EXHIBIT E
0
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page _ of
C~ii CF p.OSEHF-I+D, pjAMf--NG DEPlu":':'.'JyT
5938 Vt.=xr IIOU 7 AD
ROS"HSI.D, CA 91770
(818) 288-6671
cPmead
c--r?' ADDpxss: 7931-7245 E_ Whitmore Sr Ro PATE:
6 Lot Subdivision
iL5 _r._PiI017 OF AQUEST; ?~.7-'=CT:
Existing No. Of lots: 2 Proposed No. Of lots: 6
Tentati,e Yap No.: 0 6'2262_ Total lot area: 38.396.16 sf
Legal Description (use separate sheet if more space is required).
Being a subdivision of a portion of lots 30 and 31 of mission
court, as per map recorded in book 12 page 133 of maps, in the
office of the county of recorder of said county*
in add_tion to glans required by item r7 of the instruction sheet, the
following items will also be required:
1. A proper"" owner's affidavit fc,r each perce'_ that get evened bS
the subdi:•ijer.
A weter cert4f:-case from the domestic water company shall be provii~ed
indicating the water pressure (L-e. fire flow) capabilities of all fire
hydrants within 300 feet of the sub]ect p.cparty.
EXHIBIT F
• !
TFP<Tr1T111_ MA t' .+,1'I'I_1 ! L. f 1Ei<1
Pace ~ of
T J y X) copies of a tentative map with the follow no information:
a. North Point, date, and scale (1" = 00 ft. or as appropriate).
b. The map number and a number for each parcel.
C. The dimensions and record boundaries of the total ownership.
d. Sufficient dimensions and record boundaries so as to define the boundaries of tha
proposed minor land division to include reference source used for record
boundaries.
C. The approximate boundaries, dimensions, and area of each proposed parcel.
f. General information as to locations, names, widths, and improvements of all
adjoining hibhways, streets, or ways.
g. The widths and appror.imale alignments of all easements, whether public or
private, for access, drainage, se"•aae disposal, and public utilities %krhich are
exi5tin2 or are Proposed by the subdivider (to include copy of preliminary title
report).
h. Actual street names or an identifying letter for proposed streets.
i. Existing topography shall be indicated by showing contours at sufficient ir,terval_.
to determine exisungo grades and drainage patterns. Proposed grading shall be
indicated by elevations zt sufficient locations to determine grading and drainage
concepts. Drainage arrows and minimum percent of anticipated drainage fall
shall be indicated for each parcel being created.
j. Number and location of trees; label oak: trees.
k. The approximate location, house number (if anv) and proposed disposidon of
existing structures or improvements within or immediately adjacent to the
division. If it is impossible or impractical to describe such structure or
improvements on the tentative map, such information shall be submitted on a
separate plan.
1. The approximate location and direction of flow of all defined 'mater courses (i.e.
permanent drainage devices or easements).
M. Label the method of sewage disposal and name of water company.
n. Distance bet,.veen subject property and nearest cross streets.
o. The approximate location of existing fire hydrants.
p. The approximate location of all existing utility lines (power, cable, phone, -as,
eater, se +er).
q. Lis[ the names of all utility service providers.
T. A vicinity map of the general area.
Fee: S1.3,S5 S100/lot (Planning Fee)
S '270 (T-n,ineering Fee)
Initial Study: S =00 (If applicable)
SIGNATLTRL-: / DATE: 3-22-2005
'AT51 ...15-0, ppli-lim.d-
• 0
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DEP PS2TT r"
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C S E?+~%LL . G4 ° 17 ~
(818) =8o-cE^1
SiTr ALDFESS: 7931 -7045 E. Whitmore St ROSemead,DATZ: 3-22-2005
DESCRIPTIOw OF REQUEST/PFD?ECT: 6 lots subdivision
LOT SIZE: 38, 396.1 6 sf APN: 5287-031 -053, 054 ~oNE: R-2 CEh. ?Ln11: low density
residential
PR0.ECT73USIr::SS NAME: 6 lots subdivision
HOURS OF OPERATION: 4; 1/ n NO. OF EAPLOYEES:
PROJECT DETAILS: (t;.•pe or print on separate sheet if more space is needed):
Existing use: Residential Hcus 6f:3a.,3-16-1,6--s f
to be demolished: 3g,39F_16 sf to remain: 0
Proposed use: F lots Subdivision -
additional sf: 0 total :sf: 28, 396. 1 6 height:
Building sf brol:en down by intended use and number of structures or du:
6 lots subdivisicn
parking calculaticn (show sf/parking ratio/nurrber required & provided):
N/A
Lot coverage, floor area ratio, landscaped percentage:
38,396.16 J N/A / N/A
R??LICPI:T/Sli9DI'JIDE?.: (-raj-t- Xwnk
Address: 110.5 S. First Ave, Arcadia, CA 9100
Grace Kwok
Sus_r:ESS O'WNER(S) :
1105 S. First Ave, Arcadia, CA 91006
;,ddress: phone
626-574-8083
626-574-8083
9
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Kwok
626-574-8083
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1105 S Firs
t Ave, Arcadia, (
phone.
A
626-574-8083
ress:
A
_
.?R_SEI:T
P
ATI'~ (architect
enc ineer
) Hank Jonq
,
,
e
:
Add
11819 Goldring Road, Suit 'A,
Phone:
626-263-3588
r
ss
Arcadia, CA
91006
i hereby
certify that the
wove is correct to
the best of m
y knowledge.
3-22-2005
Applicant
's signature:
f`l
Date
:
P-int
Nalne: Fank
Jonc
DO NOT tit.ITJ BELOW IRIS LIHB
~tPPLICATI OII AC r..T PTLD E1':
CASE(S):
DP.TE :
110(5): FEE:
FL/IIIFOSH
• 0
~rrrrcor s 1~ , z FOPA ( 3 )
CITS OF RO-SnMAD, Fl."M'LriC. DEPART _r
ROSF-KEAD, ca 91770
(918) 258-6671
7931-7945 E.Whitmore St, Rosemead, CA DATE: 3-22-2005
SITE APDF'SS:
DESCF'iPTIDN OF r_EQUEST/PR0J'E07:
6 lots subdivision
1. Surrounding land uses of the site: north Residential
south Residantial
east Residential
„eat F.esidantial
Could the request, if granted, have an effect on any of the ~teme lists
below? Answer yes or no in space provided.
a. Change in scenic views- cZ vistas from existing residential areas to
public lands or roads.
N b. Chance in pattern, scale or character of general area cf project.
~1 c. Chancre in plant or animal life.
-N d. Increase of solid waste or litter.
N e. Change in dust, ash, smoke, fumes or odors in vicinity.
Id d. Increase of solid waste or litter.
N e. Change in dust, ash, smoke, fumes or odors in vicinity.
f. change in ?round eater quality or quantity, or alteration of existing
drainage patterns.
N g. Change in existing noise or vibration levels in the vicinity.
N h. Site on filled land or on slopes of 10% or more.
N i. Use or disposal of potentiall}• hazardous materials, such as toxic
substances, flammables or explosives.
N j. Projected change in demand for City services, (police, fire, water,
sewage, etc-).
N 1. F.eiationship to a larger project or series of projects.
If yes, please t}ie or print explanation on a separate sheet.
3. Number of trees on the site: 2_ No. of oak trees: 0
Plumber of trees to be removed: 14
Plumber of oak trees to be removed:
If oat: trees are to be removed, please refer to P.YC Sec. 9131 about permit
t,rocedures. ,
4. Are there any known cultural, historical, archeological or any other
en-:'_ronmental aspects of the project site and surrounding area that the
Planning Department should be aware cf? No
if yes, please t;^pe or print explanation on a separate sheet.
3-22-2005
SiGt7A^_'IJRE: DATE:
FL/ENVIR014
• 0
APPLICAFT'S A-`'FTDA:IT (S)
8 8 3 8 N'd-LET Lit 0'...i..? R!;
ROSgO:AP, CA 91770
(819) 286-6671
The applicant, not the representative, should read this sheet and then sign an]
notarize signature at bottom:
Dear Applicant:
l:0TIr-
You are advised NOT to obtain any loans or loan commitments on the subject
property, or to clear the land, or do anything whatsoever that is dependent or.
final approval of your application. Anything you do before final approval Will
be AT YOUR OWN RISK. Do not assume that your case will be, or has been finally
approved until you are officially notified of such decision IN WAITING by the
city of Rosemead.
Final approval requires favorable action by the Planning Commission or the City
Council. Further, final approval alone may not be enough. READ the notice of
decision and the RESOLUTION of the Planning Commission or City Council on which
the decision is based. It is necessary that you comply with ALL the conditions
of aoorovai set forth herein before the final apprcval takes effect.
Sincerely,
_ DETER LYON'S
rirector of Planning
Cite of Rosemead
7931-7945 E. ,,Ihitmore St, Rosemead, 'D2te: 3-22-0S
Site Address:
6 lots subdivision
Description of Request/Project:
R£FTDA^IS
City of Rosemead )
Count), of Les Angeles)
State of California )
I/we, Hank Jong isereby
certify that 7/we am, are the applicant(s) involved in this request, and that
the foregoing statements and answers herein contained, and the information
herewith submitted are in all respects true and correct to the best of my/our
}-now•ledoe and belief
Sicned:
Print 1:ame(s):
Failing Address: 11819 Goldring Road, Suit A, Phone: p26-263-3588
Arcadia, CP. 91006 Date: 3-22-05
~_`;/State;~ip:
o ~(dytlc . coos
Subscribed and sworn to before me this ;La day f ,9~•
46 6
J CHING!PING WU
NOTF.P.y PUELIC ~ > Commisslon # 1465450
, r Notory iUb11C • CONOmio
- Los Mgeles Counly -
FL -.F F 1 D A•: I T s ►~Y Comm. Expires Jon 26, 2008
• 0
PROPERTY 0`,4?17R' S A TirA%IT (6)
CITY OF ROSEXEAD, PI1.h`FIFG DE1'M--r Mq-r
](u5FYJ:AD, CA
(818) 280-6671
SITE ADEIRE35:7931-7945 E. Whitmore St, Rosemead, CA DATE: 3-2?-7005
UESCF.iFTIDt1 GF FEQLTEST!PROJECT: 5 lots subdivision
? z'F =D?1717
City of Rosemead )
County of Loa Angeles)
State of California )
hereb;-
ce_tify that Iiwe am/art the owner(sr! of the property involved in this request,
and that the foregoing statements and answers herein contained, and the
information herewith submitted are in all respects true and correct to the nest
of my/our knc,+leda and belief.
Signed
Print Name ( s) : KA l L l!!-V
Yailina Address: ~L I Phone
cit,•,`SUteo• Date:
7 n
subscribed and s•_orn to before me this da-., of 1J3,
BILLIE J. TONE
- / r 1ti--
^Commlasron 1ae1781 =
fiDTRRY PUBLIC ' NotaryPuDac -cahlornta 5
Cks-9`7 Los Angeles county
My Comm Expues ion 10.2006
FOR OFFICE OSE OtTLY - DO NOT KtLTE EE'IOW THIS LINE
Filed with Case No.: on the day cf , 19
FLIPFFID,VIT
CITY OF ROSEKEAD
CONDITIONAL USE PERAIT APPLICATION
PROPERTY OWNERS LIST ArrIDAVIT
E WHITMORE ST
Site Address:
Description of Request/Project:
City of Rosemead )
County of Los Angeles )
State of California )
AFFIDAVIT
PAZ(
Date: NOVEMBER 16, 2004
I, SUSAN MORENO , hereby certify that r_he
names and addresses of all persons to whom all property is assessed as they
appear on the latest available assessment roll of the County of Los Angeles
within the described and for a distance of three hundred (300) feet from the
exterior boundaries of property described as:
79_q-)r € Whitmore 2t
Street Address(ee).
5287-031-053
CC Assessor's Parcel No-(9):
Signed: 1 C- -
Print Name(s): SUSAN MORENO
!-sailing Address: 12106 LAMBERT ROAD Phone: (626)3SO-5944
Nov. 16, 2004
City/State/Zip: EL MONTE CA 91732 Date:
16th November Subscribed and swornlto before me this day of X20 04
PUBLI
FL/RADIUS
1~A IERNAiJl~.-~..d.,~,..r
Commission n 139%31, ;a
NOloryPublic
•Cenitornln
J-W-, My Los Angeles Counl,• QQ
m Expires Jon 24, 2D p t,
!DNE V_ PLJNCE
APPLICATION SUPPLEMENT 1
Ii?r ROSEMLAD. PLANNI NO ULF.-~RlME , f
8838 VALLEY BOULEVARD
ROSEMEAD. CA Q 1770
( 8191 288- 6671
SITE ADDRESS: 7931 AND 7937 VJI-IITMORE STREET. ROSENIFA.D. CA 91007
DATE: March 15`h 2005
DESCRIPTION OF REQUEST PROJECT:
Initially, the project was composed of two separate flag lot developments, a
subdivision project consisted of 3 single-family homes per lot. The initial number of units
in the proposed development meets the standard requirement of the city's code, section
9104.2 1, allowing a maximum of 3 units to be developed on the flag lot. After numerous ,
careful reviews and discussions of the plan, it was suggested by members of the planning
department to combine the two lots and create a private common driveway. However, a
granted variance is needed to achieve the goal without affecting the general plan. This is
a subdivision development of 6 single-family homes.
Request for relief from Rosemead Municipal code section (s): 9104.21
Address the following statements:
1. The variance granted shalt be pubject to such conditions as will assure that the
adjustment thereby authorized shall not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the vicinity and zone in
which the subject property is situated.
A granted variance will not adjust or change the current conditions and limitations of
other properties in the surrounding area/zone. The granted variance does not increase the
number of units being built or the size of the units. Technically, the project is still within
the parameter of the limitation. The interest in combining the lot is to create one common
private driveway that will blend more into the surrounding neighborhood. It does not
constitute a grant of special privilege.
2. The granting of such variance will not be materially detrimental to the public
health or welfare, or injurious to the property or improvements in such zone or
vicinity in which the property is located.
Beautifying the neighborhood is the sole purpose of combining the two properties.
The granted variance will not result into an increase of units being developed. Hence, the
approval will not lead to higher density or traffic congestion, affecting the neighborhoods
or improvements in such zone. The project will not be detrimental to the public health or
welfare, or to the community.
EXHIBIT G
9 9
3. Because of special circumstances applicable to the subject property, including
size, shape. topU-._'raphv, location Or :unoundinLs, the strict applieauvn of the
zoning ordinance is tound to deprive the subject property of privileges enjoyed by
other properties in the vicinity and under identical zone classification.
The two lots combined exceed the average size Of flag lot development in the city
of Rosemead, with a'_00 hundred feet wide frontage and 192 feet in len-th. 7931 and
7937 Whitmore street enjoys a maximum of 3 unit allowable single family homes
subdivision each. The planning department's suggestion to `combine the two
properties and create one common driveway' will deprive the owner from the right of
building b single family homes, a right the owner enjoys if the development is to be
remain as two separate projects.
4. The granting of such variance will not adversely affect the comprehensive
General Plan
Again, the granted variance does not change or adversely affect the general plan
of the development. The only difference is the 34 feet wide private common driveway
that will be created as a result. The granted variance will make the development blend
more into the single family home neighborhoods and will not adversely affect it.
SIGNATURE: ' DATE: FEE: $975
INITIAL STUDY: $300 (if applicable)