office of the city engineer los angeles, california to the...
TRANSCRIPT
Office of the City Engineer
Los Angeles, California
To The Honorable Council
Of the City of Los AngelesMAY 0 2 2013
Honorable Members: C. D. No.3
SUBJECT:
Final Map of Parcel Map L.A. No. 2004-6606
RECOMMENDATIONS:
Approve the final map ofParce1 Map L.A. No. 2004-6606 located at 18137 Topham Street easterlyof Etiwanda Avenue and accompanying Subdivision Improvement Agreement and Contract withsecurity documents.
FISCAL IMPACT STATEMENT
The subdivider has paid a fee of $ 5,450.00 for the processing of the final parcel map pursuant toSectionl9.02B3 of the Municipal Code. No additional City funds are needed.
TRANSMITTALS:
1. Map of Parcel Map L.A. No. 2004-6606.
2. Unnumbered file for Parcel Map L.A. No. 2004-6606.
3. Subdivision Improvement Agreement and contract with attached security documents.
DISCUSSION:
The Tentative map of Parcel Map LA No. 2004-6606 was conditionally approved by the AdvisoryAgency on February 7, 2005 for a maximum of three single family parcels.
The Advisory Agency has determined that this project will not have a significant effect on theenviroument.
The conditions of approval for the parcel map have been fulfilled including a payment of theRecreation and Parks fee in the amount of$ 5,640.00. Transmitted Subdivision ImprovementAgreement and Contract with attached security documents guarantees construction of the requiredimprovements. Upon approval by the Council, the parcel map will be transmitted to the CountyEngineer for filing with the County Recorder.
Council -2-
The expiration date of the tentative map approval is February 7, 2015.
The Subdivider and surveyor for this subdivision are:
Subdivider Surveyor
Sharon Evenhaim21510 Roscoe Blvd.Canoga Park, CA 91304
Robert Kameoka5011 Acacia StreetSan Gabriel, CA 91776
Report prepared by: Respectfully submitted,
~~~Land Development GroupBureau of Engineering
Land Development Group
Joseph GnadeCivil EngineerPhone (213) 202 3493
EYIJGlkaQ:\parcel\2004-6606
C. D. No.3
APPROVED f'bli TH~CITY ENGINEER BY
~kI1"t>IJf:tltiCity of Los Angeles BOND CONTROLDEPARTMENT OF PUBLIC WORKSOffice of the City Engineer
4385996
SURETY'S BOND NO.VALLEY Premium: $2,535.00/ 2 yr.
CAO ,/2()071t?CAO-RISK MGMT. NO. ( ,.p~ I'rppruWf'b 4- ,t:{ ?o re
SUBDIVISION IMPROVEMENT AND WARRANTY PERFORMANCE BOND
District/Division Design OfficeCouncil District No. 3Date Issued; 02/2212012
KNOW ALL MEN BY THESE PRESENTS;
THAT WE, SHARON EVENHAIM, TRUSTEE OF THE SHARON AND DORIT EVENHAIMLIVING TRUST
as PRINCIPAL and SureTec Insurance Company a corporationincorporated under the laws of the State of Texas and authorized by thelaws of the State of California to execute bonds and undertakings as sale surety, as SURETY, areheld and firmly bound unto the City of Los Angeles, in the JUST and FULL SUM of ONEHUNDRED SIXTY NINE DOLLARS AND NO/i00 Dollars ($169,000.00) . lawful money of theUnited States, for the payment of which sum, well and truly to be made, we bind ourselves, ourheirs, executors, administrators, successors, and assigns, jointly and severally, firmly by thesepresents.
The CONDITION of the foregoing obligation is such that WHEREAS the PRINCIPAL has enteredor is about to enter into the annexed agreement with the CITY, pursuant to the authority of an actof the Legislature of the State of California known as the "Subdivision Map Act" (Division 2,commencing with Section 66410, of Title 7 of the Government Code) and amendments thereto,and pursuant to the provisions of Article 7 of Chapter 1, and Sections 62.105 through 62.117,inclusive, of the Municipal Code of the CITY, as amended, for the construction and installation ofcertain public improvements in accordance with the terms and conditions stipulated in saidagreement, and is required by the CITY to give this bond in connection with the execution of saidagreement as a contract for approval of that certain division of land known as;
PARCEL MAP 2004·6606
NOW, THEREFORE, if the above bounden PRINCIPAL, his or its heirs, executors, administrators,or assigns, shall. in all things stand to and abide by, and well and truly keep and perform thecovenants, conditions and provisions in said annexed agreement and any alteration thereof madeas therein provided, on his or their part, to be kept and performed at the time and in the mannertherein specified, and in all respects according to their true intent and meaning, and shallindemnify and save harmless the 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 andeffect.
Eng. 3.805B (Rev. 09/94) Bond Ref. No. 12630 Page 1 of 2
Continuation Sheet For:
SUBDIVISION IMPROVEMENT AND WARRANTY PERFORMANCE BOND
AS PART OF THE OBLIGATION SECURED HEREBY, and in addition to the face amount specifiedtherefor, there shall be included costs and reasonable expenses and fees, including reasonableattorney's fees, incurred by the CITY in successfully enforcing such obligation, all to be taxed ascosts and included in any judgment rendered therefor.
THE SURETY hereby stipulates and agrees that no change, extension of time, alteration oraddition to the terms of the annexed agreement, or to the work to be performed thereunder, or tothe specifications accompanying the work to be performed, shall in anywise affect its obligations onthis bond, and it does hereby waive notice of any such change, extension of time, alteration oraddition to the terms of said agreement, or to the work, or to the plans and specifications. Theprovisions of Section 2945 of the Civil Code are not a condition precedent to the Surety's obligationhereunder, and are hereby waived by the SURETY.
IN WITNESS WHEREOF, this instrument has been duly executed by the above namedPRINCIPAL and SU ETY on March 6 , 20 ~.
NHAIM LIVING TRUST,
SURETY:
By: -n=c:r-::l----.,=!.t'f-:::-=-,7"'----c:7~:..._ (Attorney-in-Fact)Dav1- No
Surety's Address: -'--"-'-'--'--'--- :...::..'-'-_S.:....::,t.=.e..:..--=-3..:.0--,-0-,-,--,S..:.a",n,---,l):.ci=-e=-g...o,-,-,_C..:.;.;;.lI.-"..9-=-2..;.1.,;:0..::3_
nsurance Company
Eng. 3.805B (Rev. 09/94) Bond Ref. No. 12630 Page 2 of 2
STATE OF CALIFORNIA}COUNTY OF Los Angeles }
On March 22, 2012 , before me, Natalie Bledsoe, a Notary Public, personally appearedSharon Evenhaim, who proved to me on the basis of satisfactory evidence to be theperson whose name is subscribed to the within instrument and acknowledged to me thathe executed the same in his authorized capacity, and that by his signature on theinstrument the person, or the entity upon behalf of which the person acted, executed theinstrument.
I certify under PENALTY OF PERJURY under the laws of the State of California thatthe foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: L-f\~ Q~ (Seal)NATAliE BLEDSOE
Commission # 1948071~ Notary Public· California ~J los Angeles County !:
$ $ 4 , $ eMf ~oT"l':xgires Seg 10. 2015 fOJ ce@;
ACKNOWLEDGMENT
State of CaliforniaCounty of Los Angeles )
On MAR I) 6 2m2 before me, Christopher John Rizzotti. Notary(insert name and title of the officer)
personally appeared J;:DC"a...,v"'id"-':'N"'o"'d"'d""e:':-;--:-_--:-:-_-;--;-:;-__ -;--;---;-- __ --;-;--;-_who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certifY under PENALTY OF PERJURY under the laws of the State of California that the foregoingparagraph is true and correct.
WITNESSm nd and official seal.
Signature _'\"-1 _
POA #: 510010
Sure'I'ec Insurance CompanyLIMITED POWER OF ATTORNEY
Know All. Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized andexisting under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas-does by these presentsmake, constitute and appoint
David Noddle
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledgeand deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to theconditions of contracts and consents of surety for:
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereb~ as fully .and to the same extent as if such bond were signed by the President, sealed with the corporateseal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in thepremises. Said appointment shall continue in force until 10/31/2013' and is made under and by authority of the followingresolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary 'shall be and ishereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and onbehalf of the Company subject to the following provisions: ,Attorney-in-Fact may be given full power and authority for and in the name"of and of behalf of the Company, to execute, acknowledge anddeliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and allnotices and documents canceling or terminating the Company's liability thereunder, and any such, instruments so executed by any suchAttorney-in-Fact shall be binding upon the Company as ifsigned by the President and sealed and effected by the Corporate Secretary.Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney orany certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be validand binding upon the Company with respect. to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2(jh of April,1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate sealto be hereto affixed this3rd day of September, A.D. 2010.
\)AAN~~~;".".-""..f~(§(~.'/. "1\~'
, wi UI, j i!J.~ ...,.-.~*.;J)..-On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say. that
he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the aboveinstrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of theBoard of Directors' of said Company; and that he signed his name thereto by like order.
ss:
SURETEC INSu~~_., PANY
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and furegoing is a true and correct copyofa Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, setout in the Power of Attorney are in full force and effect.
State of TexasCounty of Harris
,1\11111,
~i~\Nt!':;-'''~JACQUELYN MALDONADO!co;/ "{'''% Notary Pubtlc. State 0.1 Texas~",}. i...i My Commlsslon Expires''''':',f.r.:j~~~~ May 18, 2013
By: -;-;~~~q.-=-;- _John
Given under my hand and the seal of said Company at Houston, Texas this day of....,,-"!.!..C'"--"-''-''cc...;.:;;,. --', A.D.
Any instrument issued in excess of the penalty stated above Is totally void and without any validity.For verification of the authority of this power you may call (713) 812~0800any business day between 8:00 am and 5:00 pm CST.
. City of Los AngelesDEPARTMENT OF PUBLIC WORKSOffice of the City Engineer
4385996
VALLEY
DistricUDivision Design OfficeCouncil District No. 3Date Issued:.02l22/2012
SUBDIVISION LABOR AND MATERIAL PAYMENT BOND
CAO-RISK MANAGEMENT NO.
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, SHARON EVENHAIM, TRUSTEE OF THE SHARON AND DORIT EVENHAIMLIVING TRUST
as PRINCIPAL and SureTec Insurance Company a corporationincorporated under the laws of the State of Texas and authorized by thelaws of the State of California to execute bonds and undertakings as sole surety, as SURETY, areheld and firmly bound unto the City of Los Angeles, in the JUST and FULL SUM of EIGHTYFOUR THOUSAND FIVE HUNDRED AND NO/100 Dollars ($84,500.00). lawful money of theUnited States, for the payment of which sum, well and truly to be made, we bind ourselves, ourheirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these
. presents. .
The CONDITION of the foregoing obligation is such that WHEREAS the PRINCIPAL has enteredor is about to enter into a contract with the CITY, pursuant to the authority of an act of theLegislature of the State of California known as the "Subdivision Map Act" (Division 2, commencingwith Section 66410, of Title 7 of the Government Code) and arnendments thereto, for theconstruction and installation of certain public improvernents in accordance with the terms andconditions stipulated in said contract, and WHEREAS, pursuant to said Code, the PRINCIPALmust give this PAYMENT BOND as a condition to the execution of said contract, and for approvalby the CITY of that certain division of land known as:
PARCEL MAP 2004-6606
NOW, THEREFORE, if said PRINCIPAL fails to pay the Contractor or his Subcontractors, or failsto pay persons renting equipment or furnishing labor or materials of any kind for the performanceof said contract, or fails to pay amounts due under the Unemployment Insurance Act with respectto such work or labor, then said SURETY will pay the same in an amount not exceedingtheamount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in additionto the face amount thereof, costs and reasonable expenses and fees, including reasonableattorney's fees, incurred by the CITY in successfully enforcing such obligation, to be awarded andfixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
Eng. 3.805C (Rev. 09-94) Bond Ref. No. 12630 Page 1 of 2
Continuation Sheet For:SUBDIVISION LABOR AND MATERIAL PAYMENT BOND
IT IS EXPRESSLY STIPULATED AND AGREED that this bond shall insure to the benefit of anyand all persons, companies and corporations entitled to file claims under Title 15 (commencing withSection 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or theirassigns to any suit brought upon this bond.
SHOULD THE CONDITION of this bond be fully performed, then this obligation shall become nulland 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 oraddition to the terms of the contract, or to the work to be performed thereunder, or to plans andspecifications for the work to be performed, shall in any manner affect its obligations on this bond,and it does hereby waive notice of any such change, extension, alteration or addition. Theprovisions of Section 2845 of the Civil Code are not a condition precedent to the SURETY'sobligation hereunder and are hereby waived by the SURETY.
IN WITNESS WHEREOF, this instrument has been duly executed by the above namedPRINCIPAL and SURETY on March 6 , 20 ~.
Principal Signatori s Principal Signa riesAIM, TRUSTEE OF THE SHARON AND 0 EVENHAIM LIVING TRUSTc;;-;;
SURETY:
By: "D:av:[d~~Ue~:::::===~ (Attorney-in-Fact}
5th Ave., Ste. 300, San Diego, CA 92103
SureTec Insurance Company
Eng. 3.805C (Rev. 09-94) Bond Ref. No. 12630 Page 2 of 2
STATE OF CALIFORNIA}COUNTY OF Los Angeles }
On March 22,2012 , before me, Natalie Bledsoe, a Notary Public, personally appearedSharon Evenhaim, who proved to me on the basis of satisfactory evidence to be theperson whose name is subscribed to the within instrument and acknowledged to me thathe executed the same in his authorized capacity, and that by his signature on theinstrument the person, or the entity upon behalf of which the person acted, executed theinstrument.
I certify under PENALTY OF PERJURY under the laws of the State of California thatthe foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature :LAv\~ ~. (Seal)
NATALIE BLEDSOECommisSion (I 1948071Notary Public - California ~
Los Angeles County -In Comm. Expires Se 10.2015
ACKNOWLEDGMENT
State of CaliforniaCounty of Los Angeles
MAR {) ® 2012On before me, Christopher John Rizzotti. Notary(insert name and title of the officer)
personally appeared David Noddlewho proved to me on-':t;-'he"-'7'ba""s...!.is"""of7s"'a":'ti""s7fa-c7"to-ry-ev""'i-;de-n-c-e-;t-0"7b-::e-;t7"he-p-e-rs-o-n7(s7)-w7h-o-se-n-am-e7(s7)7is-;/a-r-e-'subscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoingparagraph is true and correct.
WITNESS my Cd and official seal.
Signature _-\--1- _ (Seal)
POA#: 510010
Sure'I'ec Insurance CompanyLIMITED POWER OF ATTORNEY
Know All- Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized andexisting under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas,does by these presentsmake, constitute and appoint
David Noddle
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledgeand. deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to theconditions of contracts and consents of surety for:
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully. and to the same extertt as if such bond were signed by the President, sealed with the corporateseal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that tha said Attorney-in-Fact .may do in thepremises. Said appointment shall continue in force until: 1013112013 and is made under and by authority of the followingresolutions of the Board of Directors ofthe SureTec Insurance Company:
Be it Resolved. that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretaryshall be and ishereby vested with full power and authority to appoint anyone or more suitable persons as Attomey(s)-in-Fact to represent and act for and onbehalf of the Company subject to the following provisions:Attorney-in-Fact may be given full power and authority for and in the name' of and of behalf of the Company. to execute, acknowledge anddeliver, any and all bonds. recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and allnotices and documents canceling or terminatingthe Company's liability thereunder, and any such -instruments so executed by any suchAttorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary,Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney orany certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be validand binding upon the Company with respect.to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20tllof April,1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate sealto be hereto affixed this 3rd day of September, A.D. 2010.
"'''''"If~~\lAANC~.;{~:.,...- ..".fi' ~Jil. "/. "1•.•.~~, ~(w \"O~
~\ vry"~ .. J. "t', ...........~...
!...,.;It'On this 3rd day of September, A.D. 2010 before me personally carne John Knox Jr., to me known, who, being by me duly sworn, did depose and say, thathe resides .in Houston. Texas, that he is President of SURETEC INSURANCE COlv'LPANY.the company described in and which executed the aboveinstrument; that he knows the seal of said Company: that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of theBoard of Directors of said Company; and that he signed his name thereto by like order.
SURETECINSu~~ PANY
State ofTexasCounty of Harris
ss:
By: -::-;---;;;~~q-;-;:;--:- _John
1\I!UII~"$~'t~.Y~;~/'-;.JACQUELYN MALDONADOi"/ ":"1 Notary Public, State of Texas~~" .J{'i My Commission Expires"'~";:/,{,.~r:~~~\'~ May 18, 2013
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copyof a Power of Attorney. executed by said Company. which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, setout in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this _
Any instrument Issued in excess of the penalty stated above Is totally void and without any validity.For verification of the authority of this power you may call (713) 812~0800 any business day between 8:00 am and 5:00 pm CST.
ACCEPTEDRISK MANAGEMENT
CITY ADMINISTRATIVE OFFICE
City of Los AngelesDEPARTMENT OF PUBLIC WORKS
SUBDIVISION IMPROVEMENT AGREEMENT AND CONTRACT
THIS AGREEMENT AND CONTRACT, made and entered into, by and between the CITY OF LOSANGELES, hereinafter designated as the CITY; and SHARON EVENHAIM, TRUSTEE OF THESHARON AND DORIT EVENHAIM LIVING TRUST
hereinafter designated as SUBDIVIDER; WITNESSETH:
~ For, and in consideration of the approval of the final map of that certain division of land knownas: .
PARCEL MAP 2004-6606
and for acceptance of the dedication therein by the CITY, the SUBDIVIDER hereby agrees, at hisown costs and expense, to construct and install all public improvements required in and adjoiningand covered by the final map which are shown on plans, profiles and specifications, previouslysupplied to the City Engineer; and to furnish all equipment, labor and materials necessary toconstruct, install and complete the required improvements in a good and workmanlike manner. Theestimated cost for completion of the above-mentioned work and improvement is the sum of ONEHUNDRED SIXTY NINE DOLLARS AND NO/100 Dollars ($169,000.00).
TWO: It is agreed that the SUBDIVIDER has furnished to the City Engineer all necessary finalplans, profiles and standard specifications for the required public improvements; or, that in lieu ofsuch final plans, profiles and specifications, the. City Engineer has been furnished preliminary plansthat are of sufficient detail so as to be approved by the City Engineer for use in the preparation of theestimated cost of the required improvements. In consideration of the acceptance of such preliminaryplans by the City Engineer, the SUBDIVIDER hereby agrees to furnish all necessary final plans,profiles and specifications in a form that will be sufficient to be processed and approved by the CityEngineer not later than six (6) months from the date the final map of said subdivision of land is filedfor record with the County Recorder, County of Los Angeles, State of California.
THREE: The SUBDIVIDER agrees to perform all of the above-mentioned work under permit orpermits to be issued by the Board of Public Works, hereinafter designated as the BOARD. All workshall be performed in accordance with the standards and specifications of the BOARD, as amended,and to the approval of the City Engineer. The SUBDIVIDER further agrees to pay for such inspectionof work and improvements as may be required by the BOARD, and the performance of the workshall be further conditioned upon due compliance with all of the provisions of Article 7 of Chapter 1,and Sections 62.105 through 62.117, inclusive, of the Los Angeles Municipal Code, as amended.
Eng. 3.805A (Rev. 09-94) Bond Ref. No. 12630 Page 1 of 4
Continuation Sheet For:
SUBDIVISION IMPROVEMENT AGREEMENT AND CONTRACT
FOUR: In the event said work is required to be performed under Class "B" Permit as defined inSection 62.106 of the Municipal Code, the SUBDIVI DER hereby agrees to obtain said permit fromthe City Engineer, including payment of all necessary fees as required under the provisions ofSections 62.110 and 62.111 of said Code, prior to certification of the final map by the City Engineer.
FIVE: If the planting of street trees is required under the conditions of approval established by theAdvisory Agency, the SUBDIVIDER shall install all required trees and shall pay all maintenance feesfor each tree required to be planted by the SUBDIVIDER, in accordance with the maintenance feeschedule set forth in Section 62.176 of the Municipal Code. Said fees shall be paid to the Bureau ofEngineering of the DEPARTMENT OF PUBLIC WORKS and shall be included in the permit feedeposit for the permit type determined by the Bureau of Engieering.
SIX: The SUBDIVIDER agrees to perform any changes or alterations required by the CITY in theconstruction and installation of the required improvements, provided that all such changes oralterations do not exceed ten (10) percent of the original estimated cost of such improvements; andthe SUBDIVIDER further agrees; to install such devices for the abatement of erosion or flood hazardas may be required under the provisions of Section 61.02 of the Municipal Code; the costs of each ofthe above to be borne by the SUBDIVIDER.
SEVEN: The SUBDIVIDER expressly agrees to perform the above-mentioned work in a diligent andworkmanlike manner so as to complete the construction and installation of all required publicimprovements on or before twenty-four (24) months from the date the final map is filed for recordwith the County Recorder, County of Los Angeles, State of California; or within any lawful extensionof said term, or as otherwise provided by law. The SUBDIVIDER acknowledges that in the event anyextension of term is granted, the City Engineer may impose additional conditions in accordance withSection 17.08G-3 of the Municipal Code.
EIGHT: The SUBDIVIDER agrees to warrant all work performed against any defective workmanship,or labor done, or defective materials furnished in the performance of the work required by thiscontract, The term of this warranty shall expire one year from the date of acceptance of thecompleted improvements by the City Engineer, all as required under Chapter 5 of Division 2 of Title7 of the State of California Government Code, known as the "SUbdivision Map Act," and asamended. The estimated amount sufficient for warranty is the sum of NONE.
~ The CITY shall not, nor shall any officer or employee thereof, be liable or responsible for anyaccident, loss or damage happening or occurring from or to the works specified in this contract priorto the completion and acceptance of the same by the City Engineer; nor shall the CITY, nor anyofficer or employee thereof, be liable for any persons or property injured by reason of the nature ofsaid work, or by reason of the acts or omissions of the SUBDIVIDER, his agents or employees, inthe performance of said work; but all of said liabilities shall be assumed by the SUBDIVIDER. TheSUBDIVIDER further agrees to protect, defend and hold harmless the CITY and its officers andemployees from all loss, liability or claim because of, or arising out of, the acts or omissions of theSUBDIVIDER, or his agents and employees, in the performance of this contract, or arising out of theuse of any patent or patented article in the construction of said work.
Eng. 3.805A (Rev. 09-94) Bond Ref. No. 12630 Page 2 of 4
Continuation Sheet For:
SUBDIVISION IMPROVEMENT AGREEMENT AND CONTRACT
TEN: It is agreed that the SUBDIVIDER has filed or deposited with the CITY a good and sufficientIMPROVEMENT SECURITY in accordance with the provisions of Section 17.08G of the MunicipalCode of the CITY. in an amount equal to or greater than the estimated cost of construction andinstallation of the required improvements and an amount sufficient to act as warranty for saidimprovements as defined in Article Eight hereof. together with reasonable attorney's fees which maybe incurred by the CITY in enforcing the terms and conditions of this contract. IN ADDITION TO theImprovement Security. it is further agreed that the SUBDIVIDER has filed or deposited a good andsufficient PAYMENT SECURITY for labor and materials in an amount not less than fifty (50) percentof the amount of the Improvement Security. to secure the claims to which reference is made in Title15. commencing with Section 3082. of Part 4 of Division 3 of the Civil Code of the State of California.If the sureties or security on either said Improvement Security or Payment Security, or both. in theopinion of the CITY become insufficient, in any respect. the SUBDIVIDER hereby agrees to furnishsufficient additional security within ten (10) days after receiving notice from the CITY that said extantsecurities are insufficient.
ELEVEN: It is further understood and agreed. that in the event it is deemed necessary to extend thetime for the performance of the work contemplated to be done under this contract. such extensionsof time may be granted by the City Engineer or by the BOARD, or both, either at their own option orupon request of the SUBDIVI DER, and such extensions shall in no way affect the validity of thiscontract, the Subdivision Cash or Negotiable Security Improvement and Warranty PerformanceAgreement executed in connection herewith or release the Surety on any Surety Bond or Bonds.Such extensions of time may be conditioned upon a construction schedule to be specified by theCity Engineer, and/or a revision of the Improvement Security based on revised estimatedimprovement costs, and/or revision of the plans, profiles and specifications used for the constructionand installation of the required improvements to comply with the standards and specifications of theBOARD in effect at the time such extension of time is granted.
TWELVE: The SUBDIVIDER further agrees to maintain the aforesaid Improvement and PaymentSecurity in full force and effect, during the term of this contract, including any extensions of time asmay be granted thereto.
THIRTEEN: If the SUBDIVIDER neglects, refuses or fails to prosecute the required work with suchdiligence as to insure its completion within the time specified herein, or within such extension of saidtime as may have been granted by the City Engineer or by the BOARD, or both, or if theSUBDIVIDER neglects, refuses or fails to perform satisfactorily any of the provisions of theimprovement construction permit, plans and profiles, or specifications, or any other act requiredunder this agreement and contract, the BOARD may declare this agreement and contract in default.
Immediately upon a declaration of default, the Subdivider and Surety shall be liable to City for thecost of construction and installation of the public improvements and for costs and reasonableexpense and fees, including reasonable attorneys' fees incurred in enforcing this Agreement andContract.
A notice of default shall be mailed to the SUBDIVIDER and any Surety and the Board shall cause ademand to be made for payment of any negotiable securities held as Improvement Securities inconnection with this Agreement and Contract.
Eng. 3.805A (Rev. 09-94) Bond Ref. No. 12630 Page 3 of 4
STATE OF CALIFORNIA}COUNTY OF Los Angeles }
On April 12,2012 , before me, Natalie Bledsoe, a Notary Public, personally appearedSharon Evenhaim, who proved to me on the basis of satisfactory evidence to be theperson whose name is subscribed to the within instrument and acknowledged to me thathe executed the same in his authorized capacity, and that by his signature on theinstrument the person, or the entity upon behalf of which the person acted, executed theinstrument.
I certify under PENALTY OF PERJURY under the laws of the State of California thatthe foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature jl~(l)\ilib7~ ( Seal)
Continuation Sheet For:
SUBDIVISION IMPROVEMENT AGREEMENT AND CONTRACT
In the event of such default, the SUBDIVIDER hereby grants to the CITY and/or the Surety upon anySurety Bond, the irrevocable permission to enter upon the lands of the subject division of land for thepurpose of completing the required improvements. The CITY reserves the right if it elects to do thework to exclude the SUBDIVI DER from the site in order to complete the required work either byCITY forces or by separate contract.
IN WITNESS WHEREOF, this instrument has been duly executed by the above namedSUBDIVIDER on J'rflt2jJ 11-- , 20 \ -z,.. .
SHARON EVENHAIM, TRUSTEE OF THE SHARON A~ORI NHAIM"L1VINGTRUST
~ . - ~-::>~~ .....~---
SEE INSTRUCTIONS FOR SIGNATURES AND ACKNOWLEDGMENTS ON "NOTICE TO CLASSB PERMIT AND BOND APPLICANTS" (FORM ENG. 3.693-REVISED)
District Design Office: VALLEY
Council District No.: 3
Date Issued: 0212212012
Location: 18137 TOPHAM STREET
Eng. 3.805A (Rev. 09-94) Bond Ref. No. 12630 Page 4 of 4
STATE OF CALIFORNIA}COUNTY OF Los Angeles }
On April 12,2012 , before me, Natalie Bledsoe, a Notary Public, personally appearedSharon Evenhaim, who proved to me on the basis of satisfactory evidence to be theperson whose name is subscribed to the within instrument and acknowledged to me thathe executed the same in his authorized capacity, and that by his signature on theinstrument the person, or the entity upon behalf of which the person acted, executed theinstrument.
I certify under PENALTY OF PERJURY under the laws of the State of Cali forni a thatthe foregoing paragraph is true and correct.
WITNESS my hand and official seal. NATALIE BLEDSOECommission" 1948071!'!olary Public - California
Los Angeles County ~My Comm Expires Sep 10.2015
( Seal)
ASSIGNMENT OF FUNDS
FOR VALUE RECEIVED, the receipt of which is hereby acknowledged, I or we hereby sell, assign, transfer and
Sharon Evenhaim, Trustee of the Sharon and Dorit Evenhaim Living Trust
21510 Roscoe Blvd.
Canoga Park, CA 91304
his, her or their successors and assigns all my or our rights, title and interest in and to the sum of $UNUSED FEES
set over to:
payable or to become payable from the amount deposited under BR205068 posted as a guarantee for THE PUBLIC
IMPROVEMENTS REQUIRED UNDER PM 2004-6606 and hereby authorize and direct the City of Los Angeles
to pay said money or other funds to the above or his, her or their successors and assigns.
\q y"lA I iA/\SIGNED AND SEALED THIS day of __ ,--,J_V_'v_~-+- , 20 i _
c~hscorp.
B~'
INSTRUCTIONS TO ASSIGNORS
INDIVIDUALS - Each individual shown must sign all copies and attach a NOTARY ACKNOWLEDGMENT.
PARTNERSHIPS - All general partners must sign all copies and attach a NOTARY ACKNOWLEDGMENT.
CORPORATIONS - Two (2) Corporate Officers (President/Vice-President and Secretary/Assistant Secretary) mustsign all copies and attach a NOTARY ACKNOWLEDGMENT. These requirements alsoapply to corporate partnerships.
LIMITEDLIABILITY COMPANIES - All managing members must sign all copies and each signature must be NOTARIZED
with an "All-Purpose Acknowledgment". You must attach one (1) copy of your OPERATINGAGREEMENT OR LLC-l listing the names of ALL MANAGING members. If the limitedliability company includes one or more corporations, refer to CORPORATrONS below fordetails.
TO BE EXECUTED IN QUADRUPLICATE. Retain one (1) copy and forward three (3) copies to the BondControl Section, Bureau of Engineering - Valley District, 6262 Van Nuys BI., Suite 351, Van Nuys, CA 91401,(818) 374-4600
STATE OF CALIFORNIA}COUNTY OF Los Angeles }
On July 19, 2012 , before me, Natalie Bledsoe, a Notary Public, personally appearedShawn Evenhaim, who proved to me on the basis of satisfactory evidence to be thepersorusr'whose name(i) @ar.e-subscribed to the within instrument and acknowledged tome th~ executed the same i~ authorized capacity, and that by~ftheir signatur@on the instrument the personts), or the entity upon behalf ofwhich the personis) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California thatthe foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: '-11~U'~eal)
DEPARTMENT OFCITY PLANNING
200 N. SPRING STFIE!!.t ROOM 5i5lOSANCEtES, CA w0124801
AND6262 VAN Nu'o's BLVD" SUITE 351
VAN Nuvs, CA 91401
CITY PLANNING COMMISSION
WIlliAM ROSCHENPR£SjOtN\'
REGINA M, FREERVICE-PRESIOENT
SEAN O. BURtONDIEGO CARDOSO
CEORGE HOVAGUIMIANJUSTIN KIM
ROBERT lESSrNBARBARA ROMEROMICHAEL K. WOO
JAMES WILllAMSCOMMISSION vr£CtJTlVI;MSISTANT II
(213) 978·1300
CITY OF Los ANGELESCALIFORNIA
EXECUTIVE OfFICES
MICHAEl J. toGRANDEceecroa
(2131978·1271
AlAN BEll, AtCPDEPUTY DIRECTOR(213)978·1272
EVA YUAN·MCDANIElOePIJlYOIRECJOR(213) 978~1273
VACANTOEPl)lYOIRt:CTORUB) 978-1274
fAX: (213) 978·1275
INFORMATION............"..planning,ladty,org
ANTONIO R. VIi.LARAIGOSAMAYOR
May 24, 2012
All Concerned Consultants and Developers
Re: Extensions of Time for Tentative Tract and Preliminary Parcel Maps
The State legislature on July 15, 2011, enacted legislation whereby all maps areautomatically granted an additional two years as long as those maps were stillvalid as of July 15, 2011 and will expire before January 1, 2014.
In order to take advantage of the increase time extension authority, the City ofLos Angeles adopted a new ordinance consistent with State law (Ordinance No.182106, effective May 20,2012).
The new time extension is in addition to any extension provided for by theMunicipal Code and the State Map Act. Accordingly, the maximum total time (notconsidering offsite improvements, lawsuits, moratoriums, unit maps anddevelopment agreements) a tentative tract map or preliminary parcel map can bemaintained as valid is now 14 years.
AuthoritySection 17.07-A and 17.56-A LAMCSB 1185 State Automatic Extension
Length of time and extension
Ordinance No. 180,647
3 years (for initial approval)1 year (if map is valid on 7/15/08 and
expires before 1/1111)2 years (if map is valid on 7/15/09 and
expires before 1/1112)2 years (if map is valid 7/15/11 and
expires before 1/1114)6 years (by application)
!.i AB 333 State Automatic Extension
AB 208 State Automatic Extension
Total time 14 years
JIM TOKUNAGADeputy Advisory Age cy
~ ~E-PARTMENT OF
1><:0 ,~~TYPLANNING200 N. SPRING STREET,ROOM 525
Los ANGELES, CA 90012·4801AND
6262 VAN Novs BLVD., Sum 351VAN NUYS, CA 91401
CITY PLANNING COMMISSION
WILLIAM ROSCHENPRES!DfNT
REGINA M. fREERVICE-PRESIDENT
SEAN O. BURTONDIEGO CARDOSO
ROBIN R, HUGHESFR. SPENCER T. KEZ10S
CINDY MONTAt\J:EZBARBARA ROMEROMICHAEl K.WOOJAMES WILLIAMS
COMMISSION EXECUTlVEASSISTANT(213) 978-1300
-:ITY OF Los ANGELEi
CALIFORNIA
EXECUTIVE OFFICES
S. GAll GOLDBERG, Ale?DIRECTOR
(213)978-1271
VINCENT p, BERTONI, AlepDEPUTY DIRECTOR(213)978·1272
EVAYUAN·MCDANIElDEPUTY DIRECTOR(213) 978-1273
FAX: (213) 978·1275
ANTONIO R. VILLARAIGOSAMAYOR
INFORMATION(213)978-1270 '
www.planning.ladty.org
Date: DEC 6121l1l1l
Mark Horwitz (A)(O)6071 Shirley AvenueTarzana, CA 91356
RE: AA-2004-6606~PMLARelated Case:. NoneSite Address: 18137 Topham StreetReseda-West Van Nuys Planning AreaZone : (T)R1-1D.M. : 177B125C.D. : 3CEQA: ENV 2004-6607-CELegal Description: Lot 54, Tract 5947
Jennifer Rosen (E)Lanco Engineering1010 Crenshaw Blvd., #200Torrance, CA 90501
EXTENSION OF TIME
On February 7, 2005, the Deputy Advisory Agency conditionally approved thispreliminary parcel map. In accordance with the provisions of Section 17.56-A of theLos Angeles Municipal Code, the Deputy Advisory Agency hereby grants a 5-yearextension, for a total of 8 years from the decision date, for the recording of the final mapfor AA-2004-6606-PMLA, located at 18137 Topham Street in the Reseda-West VanNuys Community Plan.
The new expiration date for the subject map is February 7, 2013, and no furtherextension of time to record a final map can be granted.
S. Gail GoldbergAdvisory Agency
UD\~DANIEL O'DONNELLDeputy Advisory Agency
NOTE: IF THERE IS A RELATED CASE WITHYOUR TRACT I PARCEL, THIS EXTENSIONWILL NOT EXTEND THE RELATED CASEAPPROVAL.
SGG:DO'D:hs:
OEPARTMENT OFCITY PLANNING
200 N. SPRING STREET, ROOM 525Los ANGElES, CA 90012·4801
CITY PLANNING COMMISSION
,-ITY OF Los ANGELE~CALIFORNIA
EXECUTIVE OFFICES
MABEL CHANGPRESIDENT
DAVID L. BURGVICE,PRESIDENT
JOY ATKiNSONERNE5TO CARDENAS
SUSAN CLINEMARY GEORGE
MICHAEL MAHOESiANBRADlEY MINDLINTHOMAS E. SCHIFF
GABRiELE WIlliAMSCOMMISSION EXECUTIVE ASSISTANT
(213) 978·1300
CON HOWEDIRKTOR
(213) 978-1271
I /' ,J." () fRANKLIN p, EBERHARD
tC:'{ ri' )-"'/ .-:t:t "'l(:>f ~2E;~~~~~~E1C;~;
GORDON e. HAMIL TONDEPUTY DIRECTOR(213) 978-1272
ROBERT H. SUTTONDEPUTY DIRECTOR(213) 978-1274
(213) 978-1275
INFORMATION(213) 978-1270
www.lacity.orglPlN
JAMES K, HAHNMAYOR
Date: March 16, 2005
Mark Horwitz (A)(O)6071 Shirley AvenueTarzana, CA 91356
Re: Parcel Map No. AA-2004-6606-PMLACouncil District: 3
LETTER OF CORRECTIONJennifer Rosen (E)Lanco Engineering1010 Crenshaw Blvd., #200Torrance, CA 90501
: i ;::-. :,:,' _,_
On February 7, 2005, in accordance with provisions of Section 17.03 of the Los AngelesMunicipal Code, the Deputy Advisory Agency conditionally approved Parcel Map No. AA-2004-6606 located at 18137 Topham Street for a three-lot subdivision for three single-family homes with six parking spaces. It has come to our attention that there was onecondition under the Street Tree Division and the Department of City Planning section in theLetter of Decision that should be omitted since no trees exist in the public right-of-way.The elimination of one condition changes the subsequent numbering of conditions, andshall be renumbered. Condition 26.c. has been corrected to reflect the conditions statedduring the hearing held on February 1,2005. The guest parking condition, Condition 25.b,is also omitted since single-family homes do not require guest parking spaces. Landscapecondition, Condition 25.c, includes landscape plans be submitted for review by CouncilDistrict 3 as requested at the hearing held February 1, 2005. Also, there are two Condition26. The second condition is eliminated since compliance is required in Condition 7.Therefore; the conditions of approval shall be revised as follows.
Amend the decision letter (February 7.2005) to read:
STREET TREE DIVISION AND TilE DEPARTMENT OF CITY PLANNINGAppro'tal's conducted at 600 S. Spring Street, 10th Fleer.
2&: Prior to tl;e issuanee of a grading permit, a plot plan prepared by a reputable treeexpert, indieating tl;e loeation, size, type, and eondition of all existing trees on tl;esite sl;all be submitted for approval by tl;e Departrf,ent of City Planning and theStreet Tree Division of tl;e Bureau of Street Serviees. All trees in tl;e publie rigl;t-of-·....ay sl;all be provided per tl;e eurrentStreet Tree Division standards.
AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Recydab!e~lldmadelro:rl!ecyciedwasle_ @
The plan shall contain measures recommended by the tree expert for thepreservation of as many trees as possible. Mitigation n,easures such asreplacement by'a minimum of 24-inch box trees in the parkway and on the site, on1'11:1basis, shall be required for the unavoidable loss of desirable trees on the site,and to the satisfaction ofthe Street Tree Division ofthe Bureau of Street Servicesand the Advisory Agency. Note: Removal of all trees in the public right-of.V't8'l shallrequire appro\fal of the Board of Public 'Norks. COl ,tact: Street Tree Division at:213-485-5675. Failure to comply with this condition as written shall require the filingof a modification to tllis tract map in order to clear the condition.
DEPARTMENT OF CITY PLANNING-SITE SPECIFIC CONDITIONSApprovals conducted at 200 North Spring Street, Room 750, unless otherwise indicated.For an appointment with the Advisory Agency or a City Planner submit an email requestat [email protected].
2&.25. Prior to the recordation of the final map, the subdivider shall prepare and executea Covenant and Agreement (Planning Department General Form CP-6770) in amanner satisfactory to the Planning Department, binding the subdivider and allsuccessors to the following:
a. Use. Limit the proposed development to a maximum of 3 units on 3 parcels.
b. Parking. That a minimum of 2 covered parking spaces per dwelling unit willbe provided, for a minimum of 6 parking spaces. The guest parking spaceshall be easily accessible, specifically reserved for guest parking, and postedand maintained satisfactory to the Department of Building and Safety. Allexterior parking area lighting shall be shielded and directed onto the site.
c. landscape Plans. Prior to obtaining any grading or building permits beforethe recordation of the final map, That a landscape plan, prepared by alicensed landscape architect, shall be submitted to Council District 3 forreview and comments and approved by the Advisory Agency in accordancewith CP-6730 prior to obtaining any grading or building permits before therecordation of the final map.
In the event the subdivider decides not to request a permit before therecordation of the final map, a covenant and agreement satisfactory to theAdvisory Agency guaranteeing the submission of such plan before obtainingany permit shall be recorded.
The plan shall contain replacement mitigation measure by planting 24-inchbox trees in the parkway and on the site, on a 1:1 basis, required for theremoval of 12 trees previously found on the site and for any additional treesremoved, to the satisfaction of the Street Tree Division of the Bureau ofStreet Services and the Advisory Agency.
Note: Removal of all trees in the public right-of-way shall require approval ofthe Board of Public Works. Contact: Street Tree Division at: 213-485-5675.Failure to comply with this condition as written shall require the filing of amodification to this parcel map in order to clear the condition.
d. That prior to ,dsuance of a certificate of occupancy, a minimum 6-foot-highslumpstone or decorative masonry wall shall be constructed adjacent toneighboring residences, if no such wall already exists, except in requiredfront yard.
e. That a solar access report shall be submitted to the satisfaction of theAdvisory Agency prior to obtaining a grading permit.
f. That the subdivider consider the use of natural gas and/or solar energy andconsult with the Department of Water and Power and Southern CaliforniaGas Company regarding feasible energy conservation measures.
g. A covenant and agreement will be recorded satisfactory to the AdvisoryAgency stating as follows :
1) During construction, exposed earth surfaces will be sprayed withwater at least twice a day by the contractor to minimize dustgeneration.
2) The owner or contractor will keep the construction area sufficientlydampened to control dust caused by grading and hauling, and at alltimes provide reasonable control of dust caused by wind.
3) Hauling and grading equipment will be kept in good operatingcondition and muffled as required by law.
4) All loads will be secured by trimming, watering or other appropriatemeans to prevent spillage and dust.
5) One flag person will be required at the job site to assist the trucks inand out of the project area. Flag person and warning signs will be incompliance with the 1996 Edition of "Work Area Traffic ControlHandbook".
6) All clearing, grading, earth moving, or excavation activities will bediscontinued during periods of high winds (i.e., greater than 15 mph),so as to prevent excessive amounts of dust.
7) All materials transported off-site will be either sufficiently watered orsecurely covered to prevent excessive amount of dust.
8) General contractors will maintain and operate construction equipmentso as to minimize exhaust emissions.
9) The projectwill comply with the Cityof Los Angeles Noise OrdinancesNo. 144,331 and 161,574, and any subsequent ordinances, whichprohibit the emission or creation of noise beyond certain levels atadjacent uses unless technically infeasible.
10) Construction will be restricted to the hours of 7:00 a.m. to 6:00 p.m.Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturday.
11) Construction activities will be scheduled so as to avoid operatingseveral pieces of equipment simultaneously, which causes high noiselevels.
12) The project contractor will use power construction equipment withstate-of-the-art noise shielding and muffling devices.
13) The project sponsor must comply with the Noise Insulation Standardsof Title 24 of the California Code Regulations, which insure anacceptable interior noise environment.
All other conditions remain unchanged.
Con HoweAdvisory Agency
/J1f1~~-MICHAEL Lcfu~NDEDeputy Advisory Agency
CH:ML:RG:HC
DEPARTMENT OFCITY PLANNING
2'00 N. SPRING STREET, ROOM 525LOS ANGELES, CA 90012-4801
CITY PLANNING COMMISSION
.....lTy OF Los ANGELE:;;.CALIFORNIA
EXECUTIVE OFFICES
MABEL CHANGPRESIDENT
DAVID l. BURGVICE-PRESIDENT
JOY ATKINSONERNESTO CARDENAS
MARY GEORGEMICHAEL MAHDESIAN
BRADLEY MINDLINTHOMAS E. SCHIFF
GABRIELE WILLIAMSCOMMISSION EXECUTIVEASSISTANT
(213) 978-1300
CON HOWEDIRECTOR
(213) 978-1271
FRANKLIN P. EBERHARDDEPUTYDIRECTOR(213) 978-1273
GORDON B. HAMILTONDEPUTYDIR£CTOR(213) 978-1272
ROBERT H. SUTTONDEPUTYDIRECTOR(213) 978-1274
FAX: (213) 978-1275
INFORMATION(213) 978·1270
www.lacity.orglPLN
JAMES K. HAHNMAYOR
Decision Date: February 7,2005
Appeal Period Ends: February 22, 2005
Mark Horwitz (A)(O)6071 Shirley AvenueTarzana, CA 91356
Case No. AA-2004-6606-PMLARelated Case: NoneAddress: 18137 Topham StreetPlanning Area: Reseda-West Van NuysZone (T)R1-1D.M. 177B125C. D. 3CEQA ENV 2004-6607-CEFish arid Game: ExemptLegal Description: TR 5947, Lot 54
Jennifer Rosen (E)Lanco Engineering1010 Crenshaw Blvd., #200Torrance, CA 90501
On February 1, 2005 in accordance with provisions of Section 17.53 of the Los AngelesMunicipal Code, the Advisory Agency approved Parcel Map No. AA-2004-6606-PMLA at18137 Topham Street for a three-lot subdivision for three single-family dwellings. This unitdensity is based on the (T)R1-1 Zone and subject to the following conditions. TheSubdivider is advised the Municipal Code may not permit this density and the approveddensity for the site should be verified with the Department of Building and Safety.
)
NOTE on clearing conditions: When two or more agencies must clear a condition, subdivider should followthe sequence indicated in the condition. For the benefit of the applicant, subdivider will maintain record ofall conditions cleared, including all material supporting clearances and be prepared to present copies of theclearances to each reviewing agency as may be required by its staff at the time of its review.
AN EQUAL EMPLOyMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER~
Recyclable and made ~om recycled waste. \6¢!
AA-2004-6606-PMLA PAGE 2
Bureau of EngineeringBureau of Engineering approvals are conducted at 201 N. Figueroa Street, Suite 200.
1. That a 5-foot wide sidewalk easement be dedicated along Topham Street adjoiningthe subdivision all satisfactory to the City Engineer.
2. That the following improvements be either constructed prior to the recordation of thefinal map or that the construction be suitably guaranteed (Valley EngineeringDistrict):
a. After submittal of hydrology and hydraulic calculations and drainage plansfor review by the City Engineer prior to recordation of the final map,construction of drainage facilities may be required satisfactory to the CityEngineer.
b. Improve Topham Street being dedicated and adjoining the subdivision by theconstruction of the following:
1. Constructing an integral concrete curb and gutter on both sides ofTopham Street, and a 5-foot concrete sidewalk adjoining thesubdivision and landscaping of the parkway.
2. Constructing suitable surfacing to join the existing pavement and tocomplete a 40-foot roadway.
3. Removing and reconstructing the existing improvements asnecessary.
4. Constructing the necessary transitions to join the existingimprovements.
c. Construct, if necessary, on-site and off-site mainline sewer and sewer houseconnections to serve Parcels "A", "B" and "C" to the satisfaction of the CityEngineer.
3. That any required street tree removal, replacement, new street tree planting andtree well installation together with tree well covers along the property in becompleted satisfactory to the City Engineer and the Street Tree Division of theBureau of Street Services.
Department of Building and Safety-Grading DivisionGrading Division approvals are conducted at 201 N. Figueroa Street, 3rd Floor, Counter 24.
4. Comply with any requirements any requirements with the Department of Buildingand Safety, Grading Division for recordation of the final map and issuance of anypermit.
AA-2004-6606-PMLA PAGE 3
Department of Building and Safety-Zoning DivisionBuilding and Safety approvals are conducted by appointment only-contact JohnPourhassan at (213)482-6880.
5. Obtain permits for the demolition or removal of all existing structures on the site.Accessory structures and uses are not permitted to remain on lots without a mainstructure. Provide copies of the demolition permits and signed inspection cards toshow completion of the demolition work.
6. Provide copy of (T) condition.
7. Show compliance with conditions/requirements of the (T) condition.
8. Note that the proposed Subdivision is located within a Liquefaction area.
9. Note that any proposed structures or uses on the site have not been checked forBuilding or Zoning Code requirements. Plan check may be required before anyconstruction, occupancy or change of use.
Department of TransportationTransportation approvals are conducted at 201 N. Figueroa Street, 4thFloor, Station 3.Please contact DOT at (213) 482-7024 for any questions regarding the following.
10. A minimum of20-foot reservoir space be provided between any security gate(s) andthe property line.
11. A parking area and driveway plan be submitted to the Citywide PlanningCoordination Section of the Department of Transportation for approval prior tosubmittal of building permit plans for plan check by the Department of Building andSafety. Transportation approvals are conducted at 201 N. Figueroa Street Suite400, Station 3.
Fire DepartmentFire Department approvals and review are conducted in Room 1500, 221 North FigueroaStreet.
12. Submit plot plans for Fire Department review and approval prior to recordation ofthis Parcel Map Action.
13. In order to mitigate the inadequacy of fire protection in travel distance, sprinklersystems will be required throughout any structure to be built, in accordance with theLos Angeles Municipal Code, Section 57.09.07.
14. Fire land width shall not be less than 20 feet. When a fire lane must accommodatethe operation of Fire Department aerial ladder apparatus or where fire hydrants areinstalled, those portions shall not be less than 28 feet in width.
15. Fire lanes, where required and dead ending streets shall terminate in a cul-de-sacor other approved tuming area. No dead ending street or fire lane shall be greaterthan 700 feet in length or secondary access shall be required.
AA-2004-6606-PMLA PAGE 4
16. No building or portion of a building shall be constructed more than 300 feet from anapproved fire hydrant. Distance shall be computed along path of travel. Exception:Dwelling unit travel distance shall be computed to front door of unit.
17. During demolition, the Fire Department access will remain clear and unobstructed.
18. The entrance or exit of all ground dwelling units shall not be more than 150 feetfrom the edge of a roadway of an improved street, access road, or designated firelane.
19. Any required fire hydrants to be installed shall be fully operational and accepted bythe Fire Department prior to any building construction.
Department of Water and Power
20. Satisfactory arrangements shall be made with the Los Angeles Department ofWater and Power (LADWP)for compliance with LADWP's Water System Rules andrequirements. Upon compliance with these conditions and requirements, LADWP'sWater Services Organization will forward the necessary clearances to the Bureauof Engineering. (This condition shall be deemed cleared at the time the CityEngineer clears Condition No. S-1.(c).)
21. That prior to the issuance of a grading or building permit, satisfactory arrangementsshall be made with the Department of Water and Power for the following:
a. Install a new fire hydrant.
b. An accurate street and site grading plan must be fumished to thisDepartment:
1) To determine the safety or accessibility of existing or proposedfacilities.
2) To determine accurately the conditions or limitations or service.
c. Arrange for the Department to install the following: fire hydrants, meters,services.
d. Pressure regulators will be required in accordance with the Los Angeles CityPlumbing Code for the following lots where pressures exceed 80 psi at thebuilding site elevation.
e. New fire hydrants and/or top upgrades to existing fire hydrants are requiredin accordance with the Los Angeles Fire Code.
Bureau of Street LightingStreet Lighting approvals are conducted by the Bureau of Engineering if streetimprovements are required, or at 600 South Spring Street if no street improvements arerequired.
AA-2004-6606-PM LA PAGE 5
22. The following street lighting facilities to serve the subject property shall be installedas required by the Bureau of Street Lighting:
(1) along Topham Street.
23. Required-Topham Street. The property within the boundary of the development willbe formed or annexed into a Street Lighting Maintenance Assessment District priorto final recordation for this project or issuance of the certificate of occupancy.
Department of Recreation and ParksPark fees are paid at 200 North Spring Street, Room 750 and City Hall East, Room 709.
24. The applicant submit a request for calculation of recreation and park fees for 3single-family units to the Advisory Agency, to be paid to or be guaranteed to be paidin a manner satisfactory to the Department of Recreation and Parks, as providedby Section 17.12-A of the Los Angeles Municipal Code, within one year after CityCouncil approves the final map.
STREET TREE DIVISION AND THE DEPARTMENT OF CITY PLANNINGApprovals conducted at 600 S. Spring Street, 10th Floor.
25. Prior to the issuance of a grading permit, a plot plan prepared by a reputable treeexpert, indicating the location, size, type, and condition of all existing trees on thesite shall be submitted for approval by the Department of City Planning and theStreet Tree Division of the Bureau of Street Services. All trees in the public right-of-way shall be provided per the current Street Tree Division standards.
The plan shall contain measures recommended by the tree expert for thepreservation of as many trees as possible. Mitigation measures such asreplacement by a minimum of 24-inch box trees in the parkway and on the site, ona 1:1 basis, shall be required for the unavoidable loss of desirable trees on the site,and to the satisfaction of the Street Tree Division of the Bureau of Street Servicesand the Advisory Agency. Note: Removal of all trees in the public right-of-way shallrequire approval of the Board of Public Works. Contact: Street Tree Division at: 213-485-5675. Failure to comply with this condition as written shall require the filing ofa modification to this tract map in order to clear the condition.
DEPARTMENT OF CITY PLANNING-SITE SPECIFIC CONDITIONSApprovals conducted at 200 North Spring Street, Room 750, unless otherwise indicated.For an appointment with the Advisory Agency or a City Planner submit an email requestat [email protected].
26. Prior to the recordation of the final map, the subdivider shall prepare and executea Covenant and Agreement (Planning Department General Form CP-6770) in amanner satisfactory to the Planning Department, binding the subdivider and allsuccessors to the following:
a. Use. Limit the proposed development to a maximum of 3 units on 3 parcels.
AA-2004-6606-PMLA PAGE 6
b. Parking. That a minimum of 2 covered parking spaces per dwelling unit willbe provided, for a minimum of 6 parking spaces. The guest parking spaceshall be easily accessible, specifically reservedfor guest parking, and postedand maintained satisfactory to the Department of Building and Safety. Allexterior parking area lighting shall be shielded and directed onto the site.
c. Landscape Plans. That a landscape plan,prepared bya licensed landscapearchitect, be submitted to and approved by the Advisory Agency inaccordance with CP-6730 prior to obtaining any grading or building permitsbefore the recordation of the final map.
In the event the subdivider decides not to request a permit before therecordation of the final map, a covenant and agreement satisfactory to theAdvisory Agency guaranteeing the submission of such plan before obtainingany permit shall be recorded.
d. That prior to issuance of a certificate of occupancy, a minimum 6-foot-highslumpstone or decorative masonry wall shall be constructed adjacent toneighboring residences, if no such wall already exists, except in requiredfront yard.
e. That a solar access report shall be submitted to the satisfaction of theAdvisory Agency prior to obtaining a grading permit.
f. That the subdivider consider the use of natural gas and/or solar energy andconsult with the Department of Water and Power and Southern CaliforniaGas Company regarding feasible energy conservation measures.
g. A covenant and agreement will be recorded satisfactory to the AdvisoryAgency stating as follows:
1) During construction, exposed earth surfaces will be sprayed withwater at least twice a day by the contractor to minimize dustgeneration.
2) The owner or contractor will keep the construction area sufficientlydampened to control dust caused by grading and hauling, and at alltimes provide reasonable control of dust caused by wind.
3) Hauling and grading equipment will be kept in good operatingcondition and muffled as required by law.
4) All loads will be secured by trimming, watering or other appropriatemeans to prevent spillage and dust.
5) One flag person will be required at the job site to assist the trucks inand out of the project area. Flag person and warning signs will be incompliance with the 1996 Edition of "Work Area Traffic ControlHandbook".
AA-2004-6606-PMLA PAGE 7
6) All clearing, grading, earth moving, or excavation activities will bediscontinued during periods of high winds (l.e., greater than 15 mph),so as to prevent excessive amounts of dust
7) All materials transported off-site will be either sufficiently watered orsecurely covered to prevent excessive amount of dust.
8) General contractors will maintain and operate construction equipmentso as to minimize exhaust emissions.
9) The project will comply with the City of Los Angeles Noise OrdinancesNo. 144,331 and 161,574, and any subsequent ordinances, whichprohibit the emission or creation of noise beyond certain levels atadjacent uses unless technically infeasible.
10) Construction will be restricted to the hours of 7:00 a.m. to 6:00 p.m.Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturday.
11) Construction activities will be scheduled so as to avoid operatingseveral pieces of equipment simultaneously, which causes high noiselevels.
12) The project contractor will use power construction equipment withstate-of-the-art noise shielding and muffling devices.
13) The project sponsor must comply with the Noise Insulation Standardsof Title 24 of the California Code Regulations, which insure anacceptable interior noise environment.
26. That the subdivider shall record and execute a Covenant and Agreement to complywith (T) Condition(s) per Ordinance 141,534.
FINDINGS OF FACT (CEQA):The Environmental Review Section of the Planning Department determined that the Cityof Los Angeles Guidelines for the Implementation of the California Environmental QualityAct of 1970 deslqnates the subject project as categorically exempt under Article VII,Section 1, Class 15. Staff issued Categorical Exemption No. ENV 2004·6607 -CE on10/25/04.
In light of the above, the project qualifies for the De Minimis Exception for Fish and Gamefees (AB 3158).
The National Flood Insurance Program rate maps, which are a part of the Flood HazardManagement Specific Plan adopted by the City Council by Ordinance No. 172,081, havebeen reviewed and it has been determined that this project is not located in a hazardousflood area.
AA-2004-6606-PMLA PAGE 8
FINDINGS OF FACT (SUBDIVISION MAP ACT):In connection with the approval of Parcel Map No. AA-2004-6606-PMLA, the AdvisoryAgency of the City of Los Angeles, pursuant to Sections 66411.1 of the State of CaliforniaGovernment Code (the Subdivision Map Act), makes the prescribed findings as follows:
THE REQUIRED IMPROVEMENTS ARE NECESSARY FOR REASONS OF PUBLICHEALTH AND SAFETY AND ARE A NECESSARY PREREQUISITE TO THE ORDERLYDEVELOPMENT OF THE SURROUNDING AREA AND NEIGHBORHOOD.
The proposed division of land complies with such requirements as may have beenestablished by the Subdivision Map Act (Government Code Sections 664109 et seq.) orArticle 7, Section 17.50 of the Municipal Code as to area, improvement and design,floodwater drainage control, appropriate improved public roads, sanitary disposal facilities,water supply availability, environmental protection and other requirements of theSubdivision Map Act or said Article.
PROPOSED MAP IS CONSISTENT WITH APPLICABLE GENERAL AND SPECIFICPLANS.
The adopted Reseda-West Van Nuys Community Plan designates the subject property forLow Residential density with corresponding zones of RE9, RS, RU, RD5 and RD6. The0.50 acre property is zoned (T)R1-1. The adopted Plan zone allows for the proposedsubdivision.
THE DESIGN AND IMPROVEMENT OF THE PROPOSED SUBDIVISION ARECONSISTENT WITH APPLICABLE GENERAL AND SPECIFIC PLANS.
THE DESIGN OF THE SUBDIVISION AND THE PROPOSED IMPROVEMENTS ARENOT LIKELY TO CAUSE SUBSTANTIAL ENVIRONMENTAL DAMAGE ORSUBSTANTIALLY AND AVOIDABLY INJURE FISH OR WILDLIFE OR THEIR HABITAT.
This subdivision is part of a class of projects which the City Council has determined will nothave a significant effect upon the environment.
THE FOLLOWING NOTES ARE FOR INFORMATIONAL PURPOSES AND ARE NOTCONDITIONS OF APPROVAL OF THIS PARCEL MAP:
Satisfactory arrangements shall be made with the Los Angeles Department of Water andPower, Power System, to pay for removal, relocation, replacement or adjustment of powerfacilities due to this development. The subdivider must make arrangements for theunderground installation of all new utility lines in conformance with Section 17.05N of theLos Angeles Municipal Code.
As part of the construction of your project, you may wish to make arrangements, with theTelecommunications Bureau regarding the cable television franchise holder for this area,by calling (213) 847-2775.
The above action will become effective upon the mailing of this letter, unless an appeal tothe Appeal Board has been submitted within 15 calendar days of the mailing of said letter.Such appeal must be submitted and receipted in person on Form CP-7769 before 5:00
AA-2004-6606-PM LA PAGE 9
p.m. February 22, 2005. Forms are available on-line at www.lacity.org/pln.
No sale of separate parcels is permitted prior to recordation of the final parcel map. Theowner is advised that the above action must record within 36 months of the date ofapproval, unless an extension of time has been requested in person before 5:00 p.m.February 22, 2008.
No requests for time extensions or appeals received by mail will be accepted.
Con HoweAdvisory Agency
~~MICHAEL L~DEDeputy Advisory Agency
CH:ML:HC
cc: Bureau of Engineering - 4ValleyPlanning Office & 1 MapD.M.Bureau of Street LightingStreet Tree Division & 1 Map
Dept. of Building & Safety, Zoning & 2 MapsDepartment of Building & Safety, GradingDepartment of FireDepartment of Recreation & Parks & 1 MapDepartment of Transportation, CPC Section
Room 600, 221 N. Figueroa Street
NOTE: The time in which a party may seek judicial review of this determination is govemedby California Code of Civil Procedure Section 1094.6. Under that provision, a petitionermay seek judicial review of any decision of the City pursuant to California Code of CivilProcedure Section 1094.5, only if the petition for writ of mandate pursuant to that sectionis filed no later than the 90th day following the date on which the City's decision becomesfinal.
CP-1809 (03-01-01)
Date: JAN 0 3 2005
From:
Mr. Con Howe, DirectorDepartment of City PlanningCity Hall, Suite 763
~. ~~.:~~p~ty Advisory AgencyEdmond Ye~agerLand Development Group201 N. Figueroa Street, Suite 200Bureau of Engineering
To:
Subject: Preliminary Parcel Map L.A. No. AA-2004-6606-PMLA -Transmittal of Map
Transmitted is a print of Preliminary Parcel Map L.A.No. AA-2004-6606-PMLA lying along the northerly side of TophamStreet and westerly of Lindley Avenue in Council District No.3.
This map has been filed for a 3-1ot single-family subdivisionover a parcel of land in the existing RA-1 zone. The proposedareas for Parcels A, B, and C are less than the minimum requiredarea for the RA-1 zone. The subdivision layout is generallysatisfactory as submitted.
There is an existing 8-inch sanitary sewer available in LindleyAvenue 350 feet easterly of the subdivision that may be extendedto Tentative Tract No. 60874 adjoining the subdivision to theeast. The construction of mainline and sewer house connectionsmay be required to serve each parcel.
I recommend that Preliminary Parcel Map L.A. No. AA-2004-6606-PMLA be approved, subject to the following conditions:
1. That a 5-foot wide sidewalk easement be dedicated alongTopham Street adjoining the subdivision all satisfactory tothe City Engineer.
2. That the following improvements be either constructed priorto recordation of the final map or that the construction besuitably guaranteed (Valley Engineering District) :
a. After submittal of hydrology and hydraulic calculationsand drainage plans for review by the City Engineerprior to recordation of the final map, construction ofdrainage facilities may be required satisfactory to theCity Engineer.
Mr. Howe 2
b. Improve Topham Street being dedicated and adjoining thesubdivision by the construction of the following:
1. Constructing an integral concrete curb and gutteron both Sides of Topham Street, and a 5-footconcrete sidewalk adjoining the subdivision andlandscaping of the parkway.
2. Constructing suitable surfacing to join theexisting pavement and to complete a 40-footroadway.
3. Removing and reconstructing the existingimprovements as necessary.
4. Constructing the necessary transitions to join theexisting improvement.
c. Construct, if necessary, on-site and off-site mainlinesewer and sewer house connections to serve Parcels "A","B" and "C" to the satisfaction of the City Engineer.
3. That any required street tree removal, replacement, newstreet tree planting and tree well installation togetherwith tree well covers along the property inbe completed satisfactory to the City Engineer and theStreet Tree Division of the Bureau of Street Services.
Any questions regarding this report should be directed to Mr.Ken Alson of the Land Development Group, located at 201 NorthFigueroa Street, Suite 200, or by calling (213) 977-8951.
EY/KA/gtH:Ldg2\gtWP794
Enc.
cc: Valley Engineering District Office
NOrI:S:1. TOTAL EXISTING LOTS:' 12. TOTAL AREA: 12.190 SO.FT. 0.28AC.3. TOTAL PROPOSEDLOTS: 34. SEWERSARE AVAILABLE5. ZONING: RA-16. EX. STRUCTURESTO BE REMOVED7. NO OAK TREES ON THE SITE8. NOT IN FLOoD HAZARD AREA
SITE ADDRESS: 18137 TOPHAM ST. TARZANA CA. 91356
EX CHAIN LINK FENCE'·112.5' /' .-
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LI:GAL.OSOUTH 1/2NO. 54, TRA63-96-97
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ESCRIPTION:OF LOT 54 TRACTCT NO, 5947 M.B.
SU80IVIDI:R:TZY AVE.A. 913568) 996-1463
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DRAWNSARKIS PREPARED BY JOB NO. 4067
DATE 10-01-04 LANCO ENGINEERING PRELIMINARY DRAv"NG NO.
1010 CRENSHAWBLVD. PARCEL MAPSCALE 1"=40' SUITE 200
TORRANCE,CA. 90501 ~(}()4 ..•• D(, D-465REVISED PHONE: ?10~ 533-4955
FAX: 310 533-:0320
4067TENT,dwg 10-01-04 1,52,18 pn EST