1 Mayra Ochiqui
From:Hugh P Mc Larnon
Sent:Sunday, March 27, 2022 6:16 PM
To:City Clerk
Subject:Public Comments
Attachments:BF - 9731 - 9735 Rose St. Letter to Homeowners (2-28-22).pdf Good Afternoon,
I will be attending City Hall meeting on March 28th & will make comments regarding attached document.
v/r
Hugh P McLarnon
213-999-8042
818.333.5120 phone - 818.333.5121 fax
BURBANK OFFICE
2600 W. OLIVE AVENUE
SUITE 500
BURBANK, CA 91505
______________
SAN DIEGO OFFICE
3850 LA JOLLA VILLAGE DRIVE
LA JOLLA, CA 92037
Writer's Direct Contact:
Burbank Office
[email protected]
818.333.5120
WWW.HENSLEYLAWGROUP.COM
February 28, 2022
VIA ELECTRONIC MAIL
Rhea Diwa
9735 Rose Street
Bellflower, CA 90706
Email: [email protected]
Michael Fernandez
9733 Rose Street
Bellflower, CA 90706
Email: [email protected]
Hugh McLarnon
9731 Rose Street
Bellflower, CA 90706
Email: [email protected]
Re: 9731-9735 Rose St. Conditions of Approval Compliance
Dear Homeowners:
As some of you know, I am the Assistant City Attorney for Bellflower, and have been assigned the point person on behalf of the City regarding certain compliance issues with the properties located at 9731-9735 Rose St. This is a follow-up to the meeting at City Hall with Ms.
Diwa, Ms. Diwa’s realtor, Mr. McLarnon, Rowena Genilo-Concepcion from Planning, and me.
In that meeting we generally discussed certain outstanding Conditions of Approval (“COA’s”) that are required by the Planning Department as a condition of building the three houses at this location. These COA’s are mostly architectural elements of the original devleopment. Building Division and Public Works requirements have been satisfied.
We also discussed that records indicate the developer of the property, Mr. Samuel Wassif, did not obtain final approvals for 9731 Rose St. and 9735 Rose Street on these COA’s before selling those homes.
Corrections for Final Inspection
9735 Rose Street
Bellflower, CA. 90706
March 22, 2022
I. Cristian - Demonstrate the building will perform at least 15% better than the current Title 24.
Three additional points can be achieved if the building will perform at least 30% better than the current Tide 24.
2. East23rd- Use porous materials on all paved areas except fire lanes. All projects' lanes or specified fire access as required by the Fire Department.
3. East23rd - All non -permeable paving materials shall be high albedo materials with a Solar Reflectance Index of at least 29.
4. Cris tian/East23rd - Provide continuous rows of appropriately spaced trees (every 25 feet) along all streets (or an equivalent number of trees placed offsite at the discretion of the Planning Director). Trees shall be of a type and nature that have broad canopies and provide amp e shade. Evergreen trees are preferred. Palm trees shall be prohibited from consideration towards achieving this standard.
5. Cristian/East23rd - Provide at least one additional tree per unit above what is required by code.
Trees shall be of a type and nature that have broad canopies and provide ample shade.
Evergreen trees ere preferred Palm frees shall be prohibited from consideration towards achieving this standard.
6. East23rd - Use of efficient irrigation systems and weather -based irrigation controllers.
7. Frances - The conditions of approval for the proposed project shall be part of the title/deed restriction or maintenance covenant applicable to each lot with the project. Provide copy of title/deed restriction or maintenance covenant.
8. Frances - The proposed project is subject to the recently adopted Art in Public Places ordinance, which requires the contribution of 1% of the total valuation of the project towards the Public Art Fund, or an art to be placed onsite, subject to review and approval by the City. The standards from the Climate Action Plan must be completed - see attached (highlighted).
9. East23rd- Postal delivery receptacles shall be located behind the sidewalk and installed in one group of three (3). Postal delivery receptacles shall be located behind the sidewalk and installed in one group of three (3).
10. East23rd- The address sign on each residential unit shall be illuminated and visible from the public right-of-way. Address signs must be illuminated (whether internally or via external light source) and visible from public right-of-way.
11. East23rd - The decorative block walls proposed shall be stucco with a decorative concrete cap.
Decorative block wall with decorative concrete cap must be completed.
12. East23rd or 3rd Party - The perimeter wall for the subject property shall be decorative block wall, with a minimum height of 6'-0", as measured from the finished grade of the subject property, except within the front yard setback where a fence, wall, or hedge is not to exceed forty-two (42) inches in height, to the satisfaction of the Planning Director or his designee. A wall that is more than 6'-0" in overall height is required to be engineered and will require a building permit. Walls must be 6'-0" in height throughout, except for the front yard of Lot 1 which needs to be lowered to 42".
13. East23rd - All existing perimeter walls on the property must be in compliance with all applicable standards as a result of the proposed development. In addition, the perimeter walls for the subject property shall match in color and material. The Applicant is responsible for ensuring that the project complies with this development standard. Any proposed block wall/fencing is subject to review and approval by the Planning Department. Perimeter walls must match in color and material.
14. Frances - The garages shall be used exclusively for the parking of the residents' vehicles. This condition shall be part of the title/deed restriction. Provide copy of title/deed restriction for verification of this condition.
15. Cristian/East23rd - The standard dimension for a legal parking space is 9'-0" in width by 20'-0" in length; and all parking spaces adjacent to a physical impediment (Le., block walls, building walls) shall maintain minimum dimensions of 10'-0" in width and 20'-0" in length. Provide striping to delineate dimensions of parking spaces.
16. East23rd - The guest parking spaces shall be provided with proper signs, shall not be assigned to any one unit, and shall be accessible for guests of all unit owners within the project. The final parcel map shall indicate the designation of guest parking spaces. Provide guest parking signage.
17. Frances - The Applicant/Property Owner(s) shall establish a maintenance covenant or deed restriction to the satisfaction of the City and in compliance with State Law to ensure that all common areas (i.e., landscape, hardscape, driveways, etc.) are properly maintained. The deed restriction or maintenance covenant shall be reviewed and approved by the City Attorney prior to recordation of the Final Parcel Map. In addition, the Applicant/Property Owner(s) shall pay for all attorney fees associated with the review of the document. Provide documentation - deed restriction or maintenance covenant to address this condition.
18. Frances - The three -unit single-family development shall be in conformance with all requirements of the Bellflower Municipal Code. Provide documentation - deed restriction or maintenance covenant to address this condition.
19. Cri5tian/East23rd - Prior to issuance of building permits, the Applicant shall be responsible for submitting for Staff's review a selection of lighting fixtures to be used for each dwelling unit. The lighting fixtures shall be compatible with the architecture of the dwelling unit. Lighting (i.e., light sensor) shall be provided throughout the driveway, guest parking areas, and common areas. A lighting plan shall be submitted to the Planning Department for approval. All lighting shall be shielded in a manner so as to not create a nuisance to adjacent properties. Provide lighting throughout the driveway, guest parking spaces, and common areas which are to be shielded.
20. Frances - Lots 2 and 3 shall have no frontage on a public street but will be provided access with a common driveway. This condition shall be included within the title/deed restrictions, subject to review and approval by the Director of Planning. Provide documentation - deed restriction or maintenance covenant to address this condition.
21. Frances - Each of the subject properties shall be limited to future additions. No additional bedrooms shall be added to each of the homes. Other additions including enlarging bedrooms or other areas of a home may be processed for a planning approval and a building permit through the City's Development Review Board process. In the event the proposed addition is substantially changing a home, the Director of Planning may require the Planning Commission to review the project through a public hearing. This condition shall be included within the title/deed restriction, subject to review and approval by the Director of Planning. Provide documentation - deed restriction or maintenance covenant to address this condition.
22. Cristian - A detailed landscaping and irrigation plan shall be submitted with the building plan check. The landscape plan shall indicate the location and the number of trees and shrubs planted on the property including their scientific and common names. A minimum of at least three ( 3) 48-inch box trees one per parcel) shall be incorporated on the site and at least six (6) 5-gallon plants (per parcel) shall be provided for the subject property. The Applicant shall provide landscaping for the entire project, including the designated back yard area. Provide landscaping pursuant to the approved plans.
23, Frances - The Applicant/operator shall record a maintenance covenant for Standard Urban Stormwater Mitigation Plan and other Municipal NPDES Development Planning Requirements to the satisfaction of the Director of Planning, or his/her designee, prior to finalization of building permits. Provide documentation recorded for this project. What was provided was for the 9616 Rose project, not this project.
24. East23rd- Public Works/Engineering. Obtain sign -off from Public Works Department, if haven't already done so.
25. East23rd or Yd Party - Landscape and hardscape improvements located within the 20-toot front yard setback shall not exceed 42" in height as measured from the paved driveway surface to ensure safe vehicular sight distance. Reduce height of block wall within the front yard area of Lot 1 to 42" or provide line-of-sight analysis.
26. East23rd - Install 20 feet of red curb parking restrictions immediately adjacent to the east side of the proposed drive approach. No red curbing was observed, contact Public Works Department.
27. Frances - CC&R's, or some type of instrument, shall be created to ensure that garages are used exclusively for vehicle parking only. Provide documentation.
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February 28, 2022
While 9733 Rose St. did receive final approval without full compliance of COA’s in common areas, that appears to have been an inadvertent oversight. In any event, compliance with COA’s are a continuing obligation of property owners. Those original COA elements that are part of the common areas of the property remain the joint responsibility of all three homes.
Attached are two documents that highlight remaining elements of the COA’s for which compliance is required: (1) Resolution No. 13-66 containing the COA’s, and (2) the companion Climate-Ready Development Standards. On both documents you will find explanations written in blue that indicate where compliance is required with specific COA elements. Please note that Mr. Wassif was provided with these same documents earlier this month.
We fully understand that this comes unexpected and that you may have been under the impression that your properties were in full compliance at the time of sale. As I stated in our meeting, there is no legal requirement that properties have all approvals met before being sold and the City does not monitor all home sale transactions to ensure as much. Whether Mr. Wassif disclosed these circumstances at the time of sale, and how to respond, is for you to determine.
To help facilitate compliance, the City is willing to waive any required City permit fees associated with bringing the COA’s into compliance for a period of one year. Please note that this applies only to work covered under the original permits that expired, and there may still be some costs involved should substantial staff time be required for things like plan review or inspections. This also does not cover any permits for work beyond that required for the COA’s.
The City very much appreciates your understanding and cooperation. Please contact Rowena Genilo-Concepcion at [email protected] with any questions regarding compliance with COA’s per the attached documents. You can reach out to me at 818-333-5120 or [email protected] regarding any other questions you may have on this matter.
Sincerely,
Timothy E. Campen
Assistant City Attorney
City of Bellflower
enclosures: as stated
cc: Elizabeth Corpuz, Director of Planning and Building Services Karl H. Berger, City Attorney
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CLIMATE-READY DEVELOPMEN7 STANDARDS
Prajeds must acnfeve poi„ts trom tt e fo owing ist of aevebprnent star'ds.
L Demonstrake the bui"fd ng wlfl pertorm at least 15% beusr f f All proje ts 3 6 than tl a current Title 24. Three addlCOnal points can be achieved if tt e building will perform at least 3D4G bet6er than the current Tide 24.
2 Provtde• preferred parlung far iow-emittfng artd iuel f f AN pro]e ts 3 effielent vehicles for 5% oi Me taRal vehide psrking
capacity OR p cvide eledsiG vehicle recharging stations for 396 mi tfie mtal vehiGe parking capa rry.
3. Hlre a third-parry commissionrt g agent to conctud a ' Ail projects 3 commisstoning audlt of ttte buDding and veriFy the
bupding meehsn{cal sys ems were installed end operate
CDIfBCU}/. ,
4. Oesign anrl orient 7596 or more new 6uildi gs such that f ' All projects 3 one axi of eact bul ing ts at Seast LS t"vnes longer lhan . . the alher, and such that the longar sxis is within 25
degrees oi she 4eographical east/west a da'The lengtl
ta w1dtY fatio shel} be appPed only ta the length oi waUs endosing condrtioned space walls enclosing
unconditloned spaces such es garages, arcades, or
por he6 canreot eonvibute tc s nderd achievement
South-}acing vardcei suriaces of buldings eounting
towards smndard achievemerrt must not be mora then
25% sNaded attime of initlal accupency {measured at
noon oh Decamber ?1st}.
5. Implerrfent a wmmute trip reduc6on prt gram if the pp projects 3 proJeci;generates mare than 5Q rtew permenerrt job
6. fnstall Sdar energy generadon to meet 35% af the Afl projects 3- 5 pro)ecds ene gy demand. Tha solar panels should be _
onsfte, ut can be locsied oifsite and witfiln the City
limlts, at the apprwat of the Planning Dlrector. Two
aciditianaf points can be achieved fo meeting 5D% of the projec8s energy demend ihrough instatfed sotar energy
generation.
7. Use pol-ous maierlals on all paved areas except fire `r All projeats rL lanes dr specified fire access as required by the Fire
v
Departinent
8. All non-permeable paving matarials shall be high albedo f All prajects ' materi8ls wfth a 5olar ReHer.tance Index oi et teast 29. 47 93-
f
1 1
9. If a new developrrrent is witfiin 'e rrnle of a ansit srop r { Aq projects 2 and requires ofE-sVeet F^9. P B must be
unbundied fmm the rental or ior-sale cost
10. Provide condnuous rows of apprapriately spaced trees Aq Projects 2 e rery 25 teet) afong aIl streets (or an equivalent number af trees placed olfsite at the discretion of the Planning Direcaor). Trees shaN he of a type and naiura that have broad canopies and provide amp e shade. Evergreen
trees are p efetred. Palm trees shap be prohibited hom
onsidereEion torvards achieving this standerd
11. fi a tacade faces a straet or sidewalk 3096 or greater vE ` ` All projects 2 its contlnuous length shali not be blank (wNt out
windoiws and doors. Watis wfdf public art installations such as murals may be exerr pted.
12 It is prohlbfted tor more than 25% of the linear street r IW projects 2 ironrage of new bulldings to ba garages ar d service bay openings.
13. New multi-unit developmerrts must insmll etectricity, gas, ` f Atl projects 2 and v ber mMers €or each unit '
14. Design and insEa Iandscaping to minimfze summer heat ' r ' All projects 2 gain through: {i) the placementof evergreen traes elong tt e wAst'ia ade of bulid(ngs, (2) the piacemerx oi trees so as to shada 5046of the site's herdscepe with 5 years of corlstruction, ar d ( a covanarit reccrdetJ tt at
prwides fw the ongoing maimenance so as to mairtain
the tr es' shada Trees shafl be oi a type and netura thet have broad canopies and provide mnple shada
Evargieer brees are preferrad. Palm trees sMall he
prot iliitad firom cor sideratlon oowards achieving thfs ' standasrd.
15. Prwide aLleast one secure, enclosed bicycla storage ' ' Atl projects i-4 space, separate and independenttrom the required
autorrlahile parking areas, par nccupantfor a
p2tcei tage oF the pEanned occupartcy and no less thsn
one space per unii Poin strafl be achleved as foilows
a For provision oE spaces far 15% oi ptenned
occupancy, l poin
b. For provision of spaces for 3095 of planned
occupancy, a totsl oi two poir;
c. For provisinn of spaces ior 4595 af planned
occupan y, a tntel of three potnts,
42 j BElLFiC1WFA CLtMA7E ACt{ON PLAN
I i
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94-
d For pruvlsion of spaces i 5096 or more oP
planned occupancy, a Lotal of four points.
1&. Provide visitot bicycle racks on-site with at least one AA projeets 2 bicycte space per ].D,00o square feet of new-nos-reta1
spaca or S,OOD squace feet af retaN space but noi fewer than iour blcycla spaces par building or i space per
business (whichever is greeterx
27. Provide secure vtsitor bicycie racks on-site. with at least ' ' Ab projects 2 one bicycle space per 10 new dwetGng unlis and nat less than four spaca per projact site.
1B. Provida et leest one on-site shower wrth chariging tacility All projects 2 for any davefoprnent with S00 ar more new workers and
at least one addidonal on-sita shoxrer wlth changing •
facility for every 150 new workers thereafter. "
19. Prwide at leest ona add7tions{ tree per uniL above whet ' A1t projects 2 ls required by code. Tcees sha11 be of a type and natvre that have b oad canopies and provide empla sheda
Evargteen trees ere preferred Pelm frees sfiell be
prohibltad from cor sideration towards aehieving this
standard.
20. Provide at least oneuee per 500 square ieet of bultding '' W[ prajects 2 area. Trees shall be of a rype and nafure thaz have broed canoplos and pravide ample shade. Evergraen trees ara
praferted. Peim trees shall be prohiblted frvm
considereUoh towards achieving ihis standard.
2L Ineorporabs aPPropriata traffic cekning features such ss f Projaets ]. curb extensians. mini-circles, parking chicanes, great r than roundabouts, medians, raised sveet crossings or simitar 5 acres leaturas.
72 MiMmize the number of drNeway cuts that fntarsed with A1t projects ]. sidewall s erid other pedestrian wafkways
Z3. DeGneste crosswa ks at every intersection within 34 mile r Projects 2 of tha project site. greater than
5 ecres
24. Cansfruct sidewatks on both sides of streets (except 1 f All projects 1 where the Bellflower Municipal Code exempts s ch) for
irontage convolled by She project appficant Shat is
condguous to the projaot site.
25. Create extemal pedestrian and bicycle connections f f Projects 1 avery 806 Seet along the project perimeter. greater thsn 43 95-
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5 aCT85
26. CoMinue to divert 10096 of a8 non-heza dous inert f ' ' A PzDl 1 constouction and demolition debris for recycCu g and
salvage a d divert 75% of e11 remaining construction snd demolition debris
27.• Locete the maJority entry points to new buildlrtgs within ' ' r AI{ projec 1
a 3b mNe of a transit sbop.
28. Use sak+aged B+hed. or recyc)ad materiffis suct Ail proJecis 12 it at tha sum of these materials corutihites et least 596, based on cost. of the total value of materials on,the
proje t. n sddrtional point can be achieved iF th usa
of thsse materials constid oes at least 1096 0# tha toml vatue of materials.
29. Provide deslgnated space. iacdities. and services for f 'r
P ol
users 6 recycle and compos[ waste.
30. Use only high efficiency lighting.
f f P 1
3L Meet at least 595 of a projecCs tndoor water use ihrough ' " All projects 2 a combination ai redsimed watar and gray water.
ProvidEng plumbing ior iuture reclaimad water
availability wiil meat the requitements of this stalodard ii reelaimed water is nct yet availeble at the slte.
32 esipe (sndscaping iw very-lawwater use.
1 Atl Pr jects 1
33. UtilFte artiHcial turf in place oi grass. ' ' M projects 1 3q, lJse of afficient irrigation systems snd weather-based 'r ' ,411 projects rr(gaition co nollers.
35. Provide at least orre of the foliowing s(dewalk amenities ' AN Projects 1 Iike kyenches, hash receptacles. drEnking fiountains, . anttlor pubIIc art in new mixed-use end multiFamly, for everq 50 ieet of sidewalk tror taga
36. New transit stops musc prrnide seating, shade, end vash ' ' f 'r AA projacts 1
recepiacles, ff a pro}ecc resut ht rebw'lding, relocating, or new construcdon of a transit stop.
37_ •Locate eJl new off-street surface parking lots at the side ' All projecrs i or rear of buildings, leaving buifding iranFages tacing streets free of surface parking lots. Side lot pa fcing shall . be limited to double stacked drive a}s es.
1 ' BE1iF10WER CLIMATE ACi101d Pk.AN
CITY OF BELLFLOWER
RESOLUTION NO. 13-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BELLFLOWER APPROVING PRECISE PLAN CASE NO. PP 13-01
FOR THE DEVELOPMENT OF THREE (3) NEW SINGLE-FAMILY
RESIDENCES ON PROPERTY LOCATED AT 9731 ROSE STREET;
APPLICANT: FIRAS JAMAL
WHEREAS, the Applicant, Firas Jamal, is requesting a Zone Change from R-1 Low Density Residential) to R-1 PD (Low Density Residential Planned Development) and Tentative Parcel Map to allow the subdivision of one (1) existing lot into three (3) single-family lots for the development of three (3) new single-family residences through a Precise Plan on property located at 9731 Rose Street; and WHEREAS, the General Plan contains policies to organize land uses to avoid creating nuisances among adjacent land uses; and
WHEREAS, an environmental assessment has been conducted for this project in compliance with the California Environmental Quality Act (CEQA) and, in accordance with the provisions of CEQA, an Initial Study has been prepared; Resolution No. 13-66 has been adopted, approving Negative Declaration Case No. ND 13-12 by the City Council; and
WHEREAS, it is the purpose of the Zoning Ordinance to encourage the most appropriate use of the land; to conserve and stabilize the value of property; and to promote public peace, health, safety, and general welfare, all in accordance with the General Plan; and
WHEREAS, notices of Public Hearings before the Planning Commission and the City Council were duly given and posted in the time, form, and manner as required by law; and
WHEREAS, a Public Hearing was held before the Planning Commission on November 18, 2013, where, after considering written and oral testimony, the Planning Commission recommended approval of the application to the City Council; and WHEREAS, a Public Hearing was held before the City Council on December 9, 2013, where, after considering all written and oral testimony, the City Council approved Precise Plan Case No. PP 13-01.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELLFLOWER HEREBY RESOLVES, AS FOLLOWS:
SECTION 1. The City Council of the City of Bellflower does hereby find, determine, and declare as follows:
City of Bellflower
Resolution No. 13-66
1. The proposed project is compatible with the surrounding neighborhood and adjacent properties in that the proposed project is designed with three (3) new single-family lots. The new homes are one- and two-story in height and designed with an architectural style that will enhance and be an asset to the neighborhood.
2. The proposed project incorporates superior site design techniques that demonstrate innovative and creative utilization of design principles in that the proposed project includes entry enhancements, decorative paving, adequate amount of parking spaces, and four-sided building elevations creating a superior designed project.
3. The proposed project demonstrate superior architecture and the use of high- quality building materials, building fixtures, and architectural treatments and amenities in that the architectural style includes stone veneer, tile roofing, smooth stucco, wood shutters, and wood corbels creating a superior architectural designed homes.
4. The proposed project has open space that is designed in a manner where the open space is functional and is grouped in a manner that maximizes the appearance and use of open space in that the subject property includes the subdivision of three (3) single-family lots with private open space. The private open space consists of smaller rear yards for Parcels 1 and 2. To compensate for the smaller yard areas, Parcel 1 and 2 have adequate front yard areas to be used as open space and increased side yard setbacks. The private open space consists of front and rear yard areas sufficient in size for personal recreation and leisure.
5. This Resolution shall become effective on the effective date of Ordinance No. 1264.
SECTION 2. Based on the above findings, the City Council hereby approves Precise Plan Case No. PP 13-01 to allow for the construction of three (3) new single- family residences, subject to the following conditions:
Standard Conditions of Approval
1. The proposal includes a new 1,267-square foot, one-story home with an attached 433-square foot, two-car garage for Parcel 1, a new 1,949-square foot, two-story home with an attached 417-square foot, two-car garage for Parcel 2, and a new 1,836-square foot, two-story home with an attached 420-square foot, two-car garage for Parcel 3.
2. The subject property shall be developed and/or used in the manner requested and shall be in substantial conformity with the submitted site plan/precise plans date-stamped December 3, 2013, unless revisions and/or additional conditions are specifically required herein.
City of Bellflower
Resolution No. 13-66
3. This approval shall lapse and become void if the privilege authorized is not utilized within one (1) year from the date of this approval.
5. The Applicant/Property Owner(s) shall submit to the Planning Department an Affidavit in Agreement and Support Thereof acknowledging acceptance of the conditions of approval within thirty (30) days after the date of approval by the Planning Commission. The Affidavit in Support form shall be signed, notarized, and returned to the Planning Department prior to any plan check submittal or building permit application.
6. The Applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use of the subject property will be cause for revocation of this permit.
7. The Applicant shall submit to the Planning Department a revised plan showing all required improvements for review and approval.
8. The conditions of approval for the proposed project shall be part of the title/deed restriction or maintenance covenant applicable to each lot with the project.
9. All conditions of approval shall be met prior to occupancy of the subject site.
10. AII other development standards not specified herein shall be in compliance with the R-1 (Low Density Residential) Zoning Code requirements.
11. Prior to submitting for Fire Department approval and building plan check, the Applicant shall ensure that the tentative parcel map and the architectural plans are revised for consistency.
12. The proposed project is subject to the recently adopted Art in Public Places ordinance, which requires the contribution of 1% of the total valuation of the project towards the Public Art Fund, or an art to be placed on- site, subject to review and approval by the City.
13. The project shall comply with the City of Bellflower Climate Action Plan by integrating the City’s Climate-Ready Development Standards selected by the Applicant, per the email dated November 14, 2013.
14. Prior to obtaining building permits, the Applicant/Property Owner(s) would be subject to the recently adopted Park Fees and Public Facilities Fees.
The proposed unit on Parcel 1 is not subject to the Park or Public Facilities fees. However, the units on Parcels 2 and 3 are subject to the fees.
City of Bellflower
Resolution No. 13-66
15. A Negative Declaration was prepared for the proposed project. If the Department of Fish and Wildlife determines that the project has an effect, a fee of $2,156.25 (or $2,181.25 effective January 1, 2014) shall be paid to the County.
16. The Applicant/Property Owner(s) shall comply with all conditions from DRB Case No. 9-13-4699.
17. The Applicant/Property Owner(s) shall provide a sheet on the construction plans with the City of Bellflower signed resolution stating the conditions of approval as adopted by the City Council. This information shall be incorporated into the plans prior to issuance of a building permit.
18. The Applicant and its successors in interest shall indemnify, protect, defend with legal counsel reasonably acceptable to the City), and hold harmless the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees, and agents from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively Claims") arising out of or in any way relating to this project, any discretionary approvals granted by the City related to the development of the project or the environmental review conducted under California Environmental Quality Act, Public Resources Code Section 21000 et seq., for the project. If the City Attorney is required to enforce any conditions of approval, all costs, including attorney's fees, shall be paid for by the Applicant.
19. Anything which is not shown on application/plans, or which is not specifically reviewed, or which is not in compliance with this section is not being recommended for approval. Any application and/or plans which are defective as to, but not limited to, omissions, dimensions, scale, use, colors, materials, encroachments, easements, etc., shall render any entitlements granted by this section null and void. Construction (if any) shall cease until all requirements of this section are complied with. Development entitlements may be withheld until Code violations are abated.
20. Failure to implement and/or maintain all provisions of these conditions of approval shall be deemed to void the permit, and revocation of said permit may occur following a public hearing of the approving body.
Special Conditions of Approval
Addresses
21. Prior to building permit issuance, new addresses for each of the residences shall be assigned by the Planning Department.
City of Bellflower
Resolution No. 13-66
22. Postal delivery receptacles shall be located behind the sidewalk and installed in one group of three (3).
23. The address sign on each residential unit shall be illuminated and visible from the public right-of-way.
Refuse
24. Trash service shall be provided in an appropriate manner subject to review and approval by the Planning Director and the City's franchise trash collector CR&R as of the date of this resolution). CR&R will be providing curbside disposal pick-up service to the three (3) new homes. Each home will be provided with the following barrels for their disposal need:
a. One (1) gallon black barrel for trash,
b. One (1) gallon green barrel for green waste, and
c. One (1) gallon blue barrel for recyclable waste.
Fences and Walls
25. The Applicant shall obtain the neighbors' consent and approval in writing prior to conducting any work on the existing fences or walls located on the adjacent properties. Prior to the installation of any perimeter walls, the Applicant shall be responsible for contacting abutting property owners for potential removal of existing block walls and the construction of any new block walls.
26. The decorative block walls proposed shall be stuccoed with a decorative concrete cap.
27. Prior to submitting for building plan check, the Applicant shall be responsible for revising the grading plans to include details showing the location, height, and material of all new and existing block walls.
28. The perimeter wall for the subject property shall be decorative block wall, with a minimum height of 6'-0", as measured from the finished grade of the subject property, except within the front yard setback where a fence, wall, or hedge is not to exceed forty-two (42) inches in height, to the satisfaction of the Planning Director or his designee. A wall that is more than 6’-0” in overall height is required to be engineered and will require a building permit.
29. All existing perimeter walls on the property must be in compliance with all applicable standards as a result of the proposed development. In addition, the perimeter walls for the subject property shall match in color and material.
The Applicant is responsible for ensuring that the project complies with this development standard. Any proposed block wall/fencing is subject to review and approval by the Planning Department.
City of Bellflower
Resolution No. 13-66
Parking
30. The garages shall be used exclusively for the parking of the residents' vehicles. This condition shall be part of the title/deed restriction.
31. All guest and visitor parking spaces are limited to passenger vehicles only and at no time can the guest/visitor parking spaces be used for RV, trailers, or other recreational vehicles.
32. The Landscape Plan shall be revised to clearly designate all landscape areas.
Storage or parking of vehicles, recreational vehicles, trailers or other RVs are not permitted within designated landscape areas.
33. All of the proposed two-car garages shall maintain a combined interior dimension of twenty (20) feet in width by twenty (20) feet in depth of clear and unobstructed floor space.
34. The standard dimension for a legal parking space is 9'-0" in width by 20'-0" in length; and all parking spaces adjacent to a physical impediment (i.e., block walls, building walls) shall maintain minimum dimensions of 10'-0" in width and 20'-0" in length.
35. The guest parking spaces shall be provided with proper signs, shall not be assigned to any one unit, and shall be accessible for guests of all unit owners within the project. The final parcel map shall indicate the designation of guest parking spaces.
Deed Restriction/Maintenance Covenant
36. The Applicant/Property Owner(s) shall establish a maintenance covenant or deed restriction to the satisfaction of the City and in compliance with State Law to ensure that all common areas (i.e., landscape, hardscape, driveways, etc.) are properly maintained. The deed restriction or maintenance covenant shall be reviewed and approved by the City Attorney prior to recordation of the Final Parcel Map. In addition, the Applicant/Property Owner(s) shall pay for all attorney fees associated with the review of the document.
37. The three-unit single-family development shall be in conformance with all requirements of the Bellflower Municipal Code.
Architecture and Site Design
38. The dwelling units shall be equipped with automatic garage door openers.
39. No outside storage (i.e., recreational vehicles, trailers, disrepair or dismantled vehicles, furniture) shall be permitted within the driveway areas, guest parking, or areas accessing the enclosed parking garages.
City of Bellflower
Resolution No. 13-66
40. Repair of vehicles and furniture is prohibited within any driveway areas.
41. Prior to issuance of building permits, the Applicant shall be responsible for submitting for Staff's review a selection of lighting fixtures to be used for each dwelling unit. The lighting fixtures shall be compatible with the architecture of the dwelling unit. Lighting (i.e., light sensor) shall be provided throughout the driveway, guest parking areas, and common areas. A lighting plan shall be submitted to the Planning Department for approval. All lighting shall be shielded in a manner so as to not create a nuisance to adjacent properties.
42. Lots 2 and 3 shall have no frontage on a public street, but will be provided access with a common driveway. This condition shall be included within the title/deed restrictions, subject to review and approval by the Director of Planning.
43. The following development standard deviations shall apply to the proposed development:
a. Allow Lots 2 and 3 to be created without the minimum required 50-foot wide street frontage;
b. Allow Lots 1 and 2 to be created with a 5’ (north) and 6’-8”(east) rear yard setback instead of the minimum required rear yard setback of 15 feet;
c. Allow Lot 3 to be created with an 11’-1” (south) front yard setback instead of the minimum required front yard setback of 20 feet; and d. Allow Lot 3 to exceed the maximum allowable concrete area within the required front yard area.
44. Lot 1 shall have the following setbacks:
a. Front yard (South) = 18'
b. Side yard (West) = 24’
c. Side yard (East) = 5’
d. Rear yard (North)= 5'
45. Lot 2 shall have the following setbacks:
a. Front yard (West)= 21'
b. Side yard (North)= 10’
c. Side yard (South)= 16'-11"
d. Rear yard (East)= 6'-8"
46. Lot 3 shall have the following setbacks:
a. Front yard (South) = 11'-1"
b. Side yard (West) = 10’
c. Side yard (East) = 18’
d. Rear yard (North) = 15'-1”
47. AII other development standards not specified herein shall be in compliance with the R-1 (Low-Density Residential) Zoning Code requirements.
City of Bellflower
Resolution No. 13-66
48. A minor modification shall be obtained to allow for the front porch encroachment of the front house on Lot 1 of 2’ into the required 20’ front yard setback.
49. Each of the subject properties shall be limited to future additions. No additional bedrooms shall be added to each of the homes. Other additions including enlarging bedrooms or other areas of a home may be processed for a planning approval and a building permit through the City's Development Review Board process. In the event the proposed addition is substantially changing a home, the Director of Planning may require the Planning Commission to review the project through a public hearing. This condition shall be included within the title/deed restriction, subject to review and approval by the Director of Planning.
50. The final exterior material and color shall be maintained throughout the existence of the dwelling. Any deviation from the approved elevations and color is subject to review by the Development Review Board.
51. AII ground mechanical equipment shall be completely screened behind a permanent structure and no rooftop mechanical equipment shall be permitted. Screening methods shall be architecturally compatible with the main building. The Applicant is responsible for ensuring that the project complies with this development standard.
52. The driveway surface shall be designed and constructed of reinforced concrete in a manner to support ingress and egress of vehicles to the satisfaction of the City Engineer. The concrete shall have a 30-year life expectancy.
Landscaping
53. In an effort to maintain a landscaped area in front of the proposed dwelling units, no expansion, whether concrete area or building area, shall be allowed within the designated front yard landscaped area.
54. A detailed landscaping and irrigation plan shall be submitted with the building plan check. The landscape plan shall indicate the location and the number of trees and shrubs planted on the property including their scientific and common names. A minimum of at least three (3) 48-inch box trees one per parcel) shall be incorporated on the site and at least six (6) 5-gallon plants (per parcel) shall be provided for the subject property. The Applicant shall provide landscaping for the entire project, including the designated back yard area.
Environmental
55. The project shall comply with all applicable erosion control, fugitive dust, and best management practice/NPDES standards.
City of Bellflower
Resolution No. 13-66
56. The Applicant/operator shall integrate Best Management Practices as shown on the site plan to ensure compliance with NPDES guidelines to the satisfaction of the Director of Planning, or his/her designee, prior to the finalization of building permits.
57. The Applicant/operator shall record a maintenance covenant for Standard Urban Stormwater Mitigation Plan and other Municipal NPDES Development Planning Requirements to the satisfaction of the Director of Planning, or his/her designee, prior to finalization of building permits.
58. The Applicant shall submit an erosion control plan as part of the grading plan and permit approval process.
59. The proposed project shall provide proper drainage and shall conform to all applicable City land use provisions, City Stormwater regulations, the NPDES provisions and the Permit. The project shall comply with Best Management Practices to ensure compliance with all stormwater provisions.
60. The proposed project shall comply with Federal Clean Water Act, the State's water code, and the City's runoff control ordinance.
61. The site entrances shall be swept to ensure that dirt does not enter the storm drain system.
Building
62. If the project is submitted for initial plan review on or before December 31, 2013, the project must fully comply with the 2010 California Green Building Standards Code, the 2010 California Building, Plumbing, Mechanical, and Electrical Codes, the 2008 California Energy Standards Code, the 2011 Los Angeles County Fire Code, and the Bellflower Municipal Code as adopted and amended by the City of Bellflower and the County of Los Angeles.
63. If the project is submitted for the initial plan review on January 1, 2014, or thereafter, the project must be designed in conformance with the newly adopted 2013 California Building Standards Codes and 2014 Los Angeles County Fire Code with local amendments thereto.
64. The initial plan check fee will cover the initial plan check and one recheck only. Additional review required beyond the initial recheck shall be paid for on an hourly basis in accordance with the current fee schedule.
65. A copy of the City Conditions of Approval, signed by the Applicant, shall be copied as the second sheet of the building plans, and shall be present at the time of initial plan check submittal. All conditions of approval shall be incorporated into the plans.
City of Bellflower
Resolution No. 13-66
66. In accordance with Los Angeles County Fire Department requirements, a fire flow worksheet shall be provided by the local water provider and returned to the City of Bellflower prior to any permit issuance.
67. Service for all utilities (including, but not limited to, telephone, cable, and electrical service) must be of underground entry from the proposed main electrical service and meter location to the point of utility connection, when the valuation of a project is $50,000 or greater.
68. The project must comply with the 2008 Title 24 California Energy Standards.
Provide two wet stamped and signed calculations to show compliance with the energy requirements and include compliance certificates (CF-1R) and (M- M) mandatory measures on the plans.
69. At the time of initial plan review submittal, four sets of complete plans and specifications along with two sets of structural calculations and any other required supporting documentation shall be submitted prior to the commencement of City plan review services.
70. South Coast Air Quality Management District must be contacted prior to any demolition or renovation. Call (909) 396-2000 for further information. Failure to comply with the provisions of Rule 1403 may result in a penalty of up to 25,000 a day.
71. Please refer to the City of Bellflower Public Works Checklist returned after the first plan review submittal. Any right-of-way improvements necessary shall clearly be detailed on the plot plan. If no improvements are required, please provide a note in the plans.
72. Los Angeles County Fire Prevention and Engineering Division review and written approvals are required prior to building permit issuance.
73. Approved smoke and carbon monoxide alarms shall be installed within each dwelling in accordance with CRC Sections R314.1 and R315.1. Alarms shall be State Fire Marshall approved and be hard wired with battery backup and interconnected.
74. Structural calculations and a lateral analysis for each structure shall be prepared and submitted for review and approval during the initial submittal of building plans. Structural calculations and structural plans shall be prepared under the direction of a California State licensed Civil/Structural Engineer or other appropriately licensed design professional.
City of Bellflower
Resolution No. 13-66
75. Each proposed dwelling unit shall install an approved fire sprinkler system in accordance with the 2010 California Residential Code. Plans shall be submitted to the Los Angeles County Fire Prevention and Engineering Division for review and approvals. Deferred submittals shall be listed on the building plans and be reviewed and approved by the County Fire Department and City Building Official prior to approval, permit, and installation.
76. A grading and drainage plan shall be prepared under the direction of a California licensed Civil Engineer or appropriately licensed design professional in accordance with the Bellflower Municipal Code and the 2010 California Building Code with local amendments.
77. A soil report with a study of liquefaction potential shall be prepared under the direction of a California State licensed Geo-technical Engineer or appropriately licensed design professional in accordance with the Bellflower Municipal Code and 2010 California Building and Residential Codes.
78. Building plans shall show in detail how the project complies with all the requirements of the 2010 California Green Building Standards Codes for residential buildings including all Mandatory Measures and required conservation documentation. See the Building and Safety Division for copies of all required documentation that must be completed and copied within the building plans.
Public Works/Engineering
79. Landscape and hardscape improvements located within the 20-foot front yard setback shall not exceed 42” in height as measured from the paved driveway surface to ensure safe vehicular sight distance.
80. All existing drive approaches that do not access the property shall be removed and replaced with full height curb and gutter, sidewalk, and parkway improvements consistent with existing, adjacent parkway improvements.
81. Install 20 feet of red curb parking restrictions immediately adjacent to the east side of the proposed drive approach.
82. CC&R’s, or some type of instrument, shall be created to ensure that garages are used exclusively for vehicle parking only.
83. A preliminary soils report prepared by a licensed civil or geotechnical engineer is required and shall include an assessment of liquefaction potential.
84. Fire Protection: This development may require construction of fire protection improvements. Prior to the approval of any development plans the Applicant is required to contact Los Angeles County Fire Department, Engineering Division, to obtain the fire flow and access requirements for any proposed development.
City of Bellflower
Resolution No. 13-66
85. The Applicant shall contact the local Water Company to determine the existing fire flow rate in this area. If the existing fire flow capabilities are below the required minimum, the Applicant shall provide the necessary means for meeting the fire flow rates required by the Fire Department.
86. A grading plan prepared by a licensed civil engineer that also addresses site drainage is required. The minimum slope on concrete flow lines shall be
0.50%. Minimum slope on asphalt concrete or turf shall be 1.0%. Existing elevations of street flow lines must be shown. All applicable NPDES requirements shall be complied with.
87. A street tree fee in the amount of $109.00 shall be paid to the City of Bellflower for the provision and installation of one street tree by the City’s Public Works Department.
88. A Tentative and Final Parcel Map is required for the proposed project.
89. Damaged sidewalk shall be removed and reconstructed along the entire property frontage in accordance with City standards.
90. The site plan shall show and dimension all existing and proposed perimeter walls/fences.
91. The existing drive approach does not meet current City standards. Construct a new drive approach per City standards with the bottom width, W, per the approved plans. A “C-8” or an “A” licensed contractor shall do all work. "B-1" contractors are not acceptable for this work. Note: Horizontal saw cutting of existing curb is permitted in most instances. Verify with City Inspector.
92. Curb and gutter shall be removed and replaced associated with the reconstruction of the drive approach in accordance with City standards. Note:
Curb and gutter shall be monolithic.
93. The existing on-site sanitary sewer lateral is proposed to be utilized. If a new lateral is proposed from the property to the existing sewer main, the minimum lateral size from main to property line is 6". A separate sewer clean out shall be provided for each property. Excavation permits with necessary insurance and bonds are required.
94. For any new sewer connections please contact the Los Angeles County Sanitation District and obtain any connection permits. Documentation of said permits shall be submitted to the Building Official prior to the issuance of any building permits. Provide documentation from the District that sufficient sewer capacity is provided. A separate sewer demand analysis prepared by a Registered Civil Engineer may/is be required.
City of Bellflower
Resolution No. 13-66
95. All utilities within the subject property shall be placed underground prior to building occupancy or sale, in accordance with Title 15 of the Bellflower Municipal Code.
96. Un-sodded, mounded planters adjacent to public sidewalk shall be provided with 6" curbs to prevent soil run-off onto the public sidewalk. Curbs are not required if the planter consists of sod.
97. The contractor shall meet with the City Inspector before starting any construction within the public right-of-way.
98. All work within the public right-of-way, including placing and removal of traffic control devices, shall be restricted to the hours between 8:30 A.M. and 3:30 P.M., Monday through Friday. No work requiring continuous inspection or traffic control shall be done on Saturday, Sunday, or Holidays, unless prior arrangements have been made at least one week in advance with the approval of the City Engineer.
99. The developer, at his/her cost, shall be responsible for the relocation as necessary of any public or private utility or other obstruction to facilitate the construction within the public right-of-way.
100. Permits are required for all work within the public right-of-way.
Fire
101. Private driveways shall be indicated on the final map as “Private Driveway and Firelane” with the widths clearly depicted and shall be maintained in accordance with the Fire Code.
102. Vehicular access must be provided and maintained serviceable throughout construction to all require fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction.
103. Provide Fire Department or City approved street signs and building access numbers prior to occupancy.
104. Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded.
105. The required fire flow for public fire hydrants at this location is 1250 gallons per minute at 20 psi.
106. All hydrants shall measure 6”x4”x2-1/2” brass or bronze, conforming to current AWWA standard C503 or approved equal. All on-site hydrants shall be installed a minimum of 25 feet from a structure or protected by a 2-hour rated firewall, as per map on file with the County of Los Angeles Fire Department.
City of Bellflower
Resolution No. 13-66
107. All required fire hydrants shall be installed, tested and accepted or bonded for prior to final map approval. Vehicle access shall be provided and maintained serviceable through construction.
108. Additional water system requirements may be required when this land is further subdivided and/or during the building permit process. 109. Submit completed (original only) fire flow availability form to the County of Los Angeles Fire Department, Land Development Unit — Fire Prevention Division, for review.
110. Per Bellflower Somerset Mutual Water Company, the Fire Flow Availability form dated October 22, 2013, indicates adequate fire hydrant spacing and flow requirements for existing fire hydrants. Additional fire hydrants may be required for this project.
SECTION 3. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 9th DAY OF DECEMBER 2013.
I
Ray 1 nton, Y ayor
Attest:
a,a
Debra D. Bauchop, City Cle *
CjA)
Doc 291216