Chapter 11.50 PRECISE PLANS

Chapter 11.50
PRECISE PLANS

Sections:

11.50.010 Purpose declared.

11.50.020 Procedures.

11.50.030 Form of precise plans.

11.50.040 Planning commission responsibility--Map.

11.50.050 Amendments and additions.

11.50.060 Responsibility for administrative conformance.

11.50.070 Encroachments upon public areas--Precise plans adopted as part of zoning code.

11.50.080 Existing buildings or utilities.

11.50.090 Adjustments.

11.50.100 Penalty for violations.

11.50.110 Units of precise plans.

11.50.010 Purpose declared.

In order to conserve and promote the public health, safety, and general welfare, and to carry out the purpose of the State Conservation and Planning Act, precise plans as defined by the state law are hereby and will hereafter be adopted from time to time. Such precise plans will pertain to such subjects as are defined by said Conservation and Planning Act and particularly streets and highways, lot patterns, sizes and arrangements, special treatment of areas involving the use of land where necessary, as supplemental provisions to the zoning ordinance of the city of South Gate, recreational facilities, public buildings, off-street parking and related subjects.

The city council hereby declares that a comprehensive master plan as defined by state law, is in process of being developed and adopted and that precise plans based thereon will be prepared and adopted.

(Ord. 792 § 1, 10-14-58)

11.50.020 Procedures.

The procedures governing the preparation and adoption of precise plans shall be such as are prescribed by the State Conservation and Planning Act or said Act as it may be amended.

(Ord. 792 § 2, 10-14-58)

11.50.030 Form of precise plans.

Precise plans prepared and adopted pursuant to this chapter and applicable state law, or amendments to such plans, shall be identified by serial numbers assigned them by this chapter, descriptive title sufficient to identify subject and location, and a map which said map, with appropriate notations shown thereon, shall set forth in detail all pertinent features and information necessary to assure compliance with, and enforcement of, the provisions and requirements of such precise plans.

(Ord. 792 § 3, 10-14-58)

11.50.040 Planning commission responsibility--Map.

The planning commission shall be charged with the responsibility of preparing such precise plans and the required resolutions and maps with respect thereof, and shall prepare and maintain for public inspection a map of the city of South Gate on which shall be shown the location of all units of precise plans and proper identification of each such unit of precise plan to make possible accurate reference to the full scale map and record pertaining to each such unit.

(Ord. 792 § 4, 10-14-58)

11.50.050 Amendments and additions.

Additions to, or amendments of, precise plans shall be by ordinance in the manner prescribed by law. Each such ordinance adding to or amending precise plans shall be constituted as an amendment to Section 11.50.110 of this chapter and for purposes of clarity and simplicity shall take the form of adopting a new serially numbered item under said section. Each such amendment to Section 11.50.110 shall contain, as a part thereof, a map and record as required by Section 11.50.030 of this chapter. For purposes of legal publication, a suitable facsimile reduced scale map may be used, and provided further that each such amendment shall contain a proper title or designation identifying the project or projects adopted by said amendment, together with a statement of the purpose and objective thereof.

(Ord. 792 § 5, 10-14-58)

11.50.060 Responsibility for administrative conformance.

Each officer or employee of the city of South Gate having the responsibility and authority for issuing licenses or permits, and any officer or official body having the authority or responsibility to pass upon plans or specifications for private or public projects, shall issue no license, permit or authorize by approval any project, plan or specification, the purpose or form of which does not conform to any feature of precise plans adopted hereunder.

(Ord. 792 § 6, 10-14-58)

11.50.070 Encroachments upon public areas--Precise plans adopted as part of zoning code.

No person, firm or corporation shall erect, construct, or establish any building, well, wall, or other improvement within an area designated by any precise plan adopted hereunder which is planned for a street, alley, public building site, park, playground or other form of public use except as provided in Section 11.50.090 of this chapter, provided this prohibition shall not apply to street improvement, including sidewalks, or to subsurface or surface installations of public service whether installed by public agencies, privately owned public utilities or individuals, and provided further that such installations conform to applicable legal controls.

Precise plans adopted under the provisions of this chapter may also be adopted as amendments to the zoning map of the city, and when so adopted as an amendment to the zoning map the provisions of the zoning ordinance of the city of South Gate shall apply thereto.

(Ord. 792 § 7, 10-14-58)

11.50.080 Existing buildings or utilities.

If on the effective date of any precise plan adopted hereunder, buildings, utilities or other installations exist within areas reserved by precise plan for public use, such nonconforming buildings may continue with reasonable maintenance, but may not be enlarged or replaced except as provided in Section 11.50.090 of this chapter.

(Ord. 792 § 8, 10-14-58)

11.50.090 Adjustments.

If practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this chapter result through the strict and literal interpretation, application and enforcement of precise plans adopted hereunder, the city planning commission, upon a written application from the owner or owners of property affected, shall have authority, subject to approval of the city council, to grant a variance from the provisions of this chapter as may be in harmony with its general purpose to serve the public health, safety, and general welfare, and to assure substantial justice. The granting of such variance shall be subject to the following:

(a) A public hearing shall be held before the city planning commission for the purpose of considering any such application.

(b) Notice of such public hearing shall be given not less than ten days prior to the date of such public hearing by one publication in a newspaper of general circulation in the city of South Gate, California. Such notice shall also be delivered through the United States mail addressed to the owners of all property within a radius of five hundred feet of the site of the building, utility or other installation involved in the application, using for the purpose the name and address of the last known owners as shown by the latest available assessment roll of the county of Los Angeles.

(c) Within not to exceed forty days following such public hearing, the city planning commission shall by resolution recite in full its findings upon which it bases its approval or disapproval of such variance.

(d) A copy of such resolution containing the recommendations of the city planning commission shall be mailed to the applicant, using therefor the address shown upon the written application. One copy of the resolution shall be delivered to the city council. The city council may approve or disapprove the recommendation of the city planning commission and the action of said city council shall be final.

(e) If the adjustment involved in an application pertains to situations arising from a reservation for public purposes, there shall be no application filing fee. If the adjustment involves a matter of land design, or any other feature not directly related to a reservation for a public purpose, there shall be an application filing fee of seventy dollars.

(Ord. 792 § 9, 10-14-58)

11.50.100 Penalty for violations.

Any person, firm, or corporation violating any of the provisions of Section 11.50.070 of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed one thousand dollars or by imprisonment in the city jail of the city of South Gate, California, or in the county jail of the county of Los Angeles, California, as committing magistrate may direct for a period of not more than six months, or by both such fine and imprisonment in the discretion of the court. Each such person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, or corporation, and shall be punishable therefor as herein provided.

(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 792 § 10, 10-14-58)

11.50.110 Units of precise plans.

1. Alhambra Avenue as per map.

2. Cortland Avenue as per map.

3. Firestone Boulevard as per map.

4. Gardendale Street as per map.

5. McKinley Avenue as per map.

6. Widening and extension of Miller Way and the widening of East Frontage Road and Southern Avenue, as per map.

7. Widening of Garfield Avenue from Garfield Place to the southeasterly city boundary, as per map.

8. Access roads in the Gardendale/Garfield Area, as per map.

9. Widening of Jess Street between Firestone Boulevard and the alley south of Firestone Boulevard, as per map.

10. Realignment of Tweedy Boulevard easterly of Atlantic Avenue, as per map.

11. (blank).

12. Right-of-way extension Century Boulevard between Paramount Boulevard and Ruther Avenue, as per map.

13. (blank).

14. (blank).

15. Widening of Southern Avenue East of Garfield Avenue to east city boundary, as per map.

16. Opening of Luxor Street from DePalma Street to Southern Avenue, as per map.

17. Firestone Fill-In Project.

a. Land Uses. The permitted land uses allowed in the project shall be as specified in the plan.

b. Development Standards. Development of the project shall be subject to the following standards:

i. Unless otherwise waived, the development of six hundred sixty-one self-storage units and one hundred eighty-six condominiums and all related parking set forth in the plan shall comply with all applicable codes, laws, rules and regulations including, but not limited to the health and safety, building, public works, and zoning codes of the city of South Gate, and health and fire codes of the county of Los Angeles.

ii. The development of the project as set forth in the plan shall comply with the provisions of the plan, including without limitation the site plan layout dated March 20, 2006.

iii. The development of the mixed-use allowed pursuant to the plan shall comply with all development standards set forth in the plan, as well as all mitigation measures imposed on the project as a result of the environmental assessment referenced above, including without limitation the Traffic Study prepared by Fehr & Peers Transportation Consultants, dated June 23, 2006 ("Traffic Study"), and attached to the Preliminary Environmental Assessment No. 1740 for the project and the four mitigation measures identified in subsection (17)(c) of this section.

c. Mitigation Measures. Development of the project shall include the following mitigation measures:

i. Signal at Firestone Boulevard/Calden Avenue. The major mitigation measure proposed for the project is the installation of a traffic signal at the intersection of Firestone Boulevard and Calden Avenue. The project is estimated to increase traffic at this intersection by five percent. The developer has agreed to assist the city in installing the signal as part of the required public improvements for the project. The signal will also affect the college campus, north of the project site as well as Hon Industries located on the north side of Firestone Boulevard. The city also hereby agrees to allocate the fees/revenue generated by its Art-in-Public Places Ordinance to the installation of said signal, the signal being a higher priority and necessary to accommodate and mitigate vehicle and pedestrian conflicts.

ii. Access Road on Southern Avenue. To minimize traffic impacts to Southern Avenue, traffic exiting from the property onto Southern Avenue will be restricted to right turns only. This access road will be brought up to city street standards as required by the department of public works.

iii. Calden Avenue Vacation and Dedication. As part of the plan’s requirement to widen Calden Avenue, a portion of Calden Avenue located between Glenwood Place and Southern Avenue will be vacated/dedicated by the city and the developer. This vacation and dedication will be conducted to accommodate requirements set forth by the department of public works to achieve a consistent right-of-way width of sixty-three feet along Calden Avenue adjacent to the property and to reduce traffic impacts. As such, all preliminary exhibits in the plan are subject to minor changes, as may be required for final approval of the right-of-way dimensions by the department of public works. Accordingly, parcel dimensions and square footage as well as total paved area and landscape area set forth in this document are approximations. Final dimensions will be as acceptable to the director of public works and the director of community development. The developer is also required to show the dedication/vacation on the tentative parcel map.

iv. Acceleration/Deceleration Lane. As part of the findings of the Traffic Study, an acceleration/deceleration lane shall be included as part of the public street improvements. This lane will be striped so as to provide time limited guest parking spaces and will serve as a vendor loading/unloading zone. Residents adjacent to Calden Avenue, with a valid parking permit shall be permitted to park in said loading/unloading zone on street sweeping days when the west side of Calden Avenue is subject to restriction. In so doing, the existing parking problems along Calden Avenue will not be further exacerbated including the parking issues associated with East Los Angeles College Campus. The college is in the process of constructing two temporary parking lots on both corners of Southern Avenue/Calden. It is anticipated that the new lots will help to alleviate some of the existing on-street parking demand. Long-term parking solutions are being evaluated as part of the East Los Angeles College Campus master parking plan. By striping and posting the guest parking lane as time limited the parking is preserved for the short-term in keeping with the intent of Section 11.30.165(7) of this title.

d. Additional Development Requirements and Conditions. Development of the project shall also comply with all requirements and conditions of approval established by other discretionary actions approved by the city counsel for the project, as follows:

i. General Plan Amendment No. 06-01 (Resolution No.) which amends the current general plan designation from manufacturing to mixed-use commercial/high density residential. The general plan amendment also proposes to amend at this time the community development element of the general plan by including the west side of Calden Avenue as an amendment to locations (Section 2.1 Land Use Designations of the Community Development Element) allowing a mixed-use commercial/residential development. The proposed amendment will also amend Section 2.2 of the same element, pertaining to Planning Area 3—Westside by adding the proposed mixed-use designation to the west side of Calden Avenue.

ii. Tentative Parcel Map No. 66056 (Resolution No.) which will subdivide two lots into four unequal size lots. The tentative parcel map also includes widening Calden Avenue, including a partial dedication and vacation of a portion of Calden Avenue. As part of the discretionary action to approve that tentative parcel map, the required finding of conformance with the city’s general plan was made.

iii. Tentative Tract Map No. 066245 (Resolution No.) creates one lot for the condominium portion of the project, including some parking. The proposed lot will overlay Parcel No. 4 of Tentative Parcel Map No. 66056.

e. Variances. The adoption of the plan includes the following variances:

i. The requirement for an on-site manager, at the self-storage facility, shall be modified so as to only require a manager on-site during business hours.

ii. Pursuant to current Title 11, a total of twenty-seven parking spaces would be required. Based on industry standards, eleven spaces are deemed adequate. The plan allows eleven spaces, rather than twenty-seven spaces.

iii. Title 11 requires complete rooftop lighting for self-storage facilities. This requirement is modified by the plan for reasons related to overall site lighting and the desire to minimize the effects to surrounding properties.

iv. Title 11 requires that units with one bedroom or less be at least eight hundred square feet in area. The plan calls for fifteen one-bedroom units, with seven hundred thirty square feet in the Courtyard Building of floor area. These units are located in the interior corners of the Courtyard Building and occupy space that would otherwise be unusable or would be required to be combined to create larger units that may be beyond the reach of the average homeowner.

v. Pursuant to Section 11.30.165(7)(b) of this title, each unit within a condominium development must have at least four hundred cubic feet of enclosed, weather-proofed and lockable storage space lockers, cabinets, or closets, but cannot be split among two or more locations. To address the four hundred cubic foot storage requirements residents of the condominium complex that is part of the project will be given priority to rent up to four hundred cubic feet of storage space in the self-storage facility.

f. Associated Approvals. Neither the plan nor the associated Zone Change No. 102 and Site Plan No. 278 are valid without the concurrent approval of General Plan Amendment No. 06-01, Tentative Parcel Map No. 66056 and Tentative Tract Map No. 066245.

g. Incorporation of Plan. The plan shall be incorporated into Title 11 in the manner prescribed by this chapter.

h. Incorporation of Recitals. The recitals set forth above are true and correct and incorporated into this chapter by this reference. (Ord. 2212 § 3, 7-25-06)

18. Atlantic Avenue and Tweedy Boulevard as per Map.

a. The Precise Plan (“Plan”) is enacted pursuant to Section 65450 et seq. of the Government Code of the State of California and other applicable laws. The purpose of the Plan is to provide standards to support development that allows for the simultaneous use of residential and commercial uses, including the residential character for appropriate commercial areas.

b. Except as expressly provided herein, these provisions incorporate all of the applicable standards and regulations as set forth in the South Gate Municipal Code. The standards and provisions of the Plan take precedence over any contrary provisions in the South Gate Municipal Code.

c. Applicability. The provisions of the Plan shall apply to the areas legally described as Portion of Lot No. 5 of Tract No. 1451 as recorded in Map Book No. 20, Pages 58 and 59, Portion of Lot 11 of Tract No. 2778 as recorded in Map Book No. 30, Pages 84 and 85, Lot Nos. 1—7, Lots 10 to 32, Lot No. 34, Lot No. 36, Lot No. 38, Lot No. 40, Lot No. 42, Lot No. 44, Lot No. 46, and Lot No. 48 of Tract No. 6436 as recorded in Map Book 70, Pages 16 and 17 in the Office of the Los Angeles County Recorder, consisting of approximately 3.72 acres of land located on the southwest corner of Atlantic Avenue and Tweedy Boulevard, addressed as 9923 Atlantic Avenue.

d. Development Standards.

i. Unless otherwise waived, the development of 46,650 square feet of commercial floor space and 34 residential condominium units and all related parking set forth in the Plan shall comply with all applicable codes, laws, rules and regulations including, but not limited to, the health and safety, building, public works, and zoning codes of the city of South Gate and the fire code of the county of Los Angeles.

ii. The development of the commercial floor space, the residential condominium units and the attendant parking shall be as depicted in the architectural drawings dated December 20, 2006.

iii. The development of the commercial floor space, the residential condominium units and the attendant parking shall comply with all conditions of approval for Site Plan No. 283 and the provisions of Precise Plan No. 18.

e. Associate Approvals. Approval of Zone Change No. 106/Precise Plan No. 18 will not be valid or take effect without the concurrent approval of Site Plan No. 283 and General Plan Amendment No. 2007-01.

19. 3125 Firestone Boulevard as per Map.

c. Applicability. The provisions of the Plan shall apply to the areas legally described as:

Parcel 1: Lots 46 and 63 of tract no. 3233, in the City of South Gate, County of Los Angeles, State of California, as per map recorded in Book 36, Page 70 of maps, in the office of the County Recorder of said county.

Except the southerly 20 feet of said lot 46 included in Firestone Boulevard.

Parcel 2: The southerly 40 feet of lot 62 of tract no. 3233, in the City of South Gate, County of Los Angeles, State of California, as per map recorded in Book 36, page 70 of maps, in the office of the County Recorder of said county.

Parcel 3: The south 40 feet of lot 47 of tract no. 3233, in the City of South Gate, County of Los Angeles, State of California, as per map recorded in Book 36, page 70 of maps, in the office of the County Recorder of said county.

Parcel 4: The south 40 feet of the north 80 feet of lot 62 of tract no. 3233, in the City of South Gate, County of Los Angeles, State of California, as per map recorded in book 36, page 70 of maps, in the office of the County Recorder of said county.

Parcel 5: The southerly 40 feet of the northerly 80 feet of lot 62 of tract no. 3233, in the City of South Gate, County of Los Angeles, State of California, as per map recorded in book 36, page 70 of maps, in the office of the County Recorder of said county.

Parcel 6: The north 40 feet of lot 47 of tract no. 3233, in the City of South Gate, County of Los Angeles, State of California, as per map recorded in book 36, page 70 of maps, in the office of the County Recorder of said county.

d. Development Standards.

i. Unless otherwise waived, the development of approximately fifteen thousand square feet of commercial floor space and forty-seven residential condominium units and all related parking set forth in the Plan shall comply with all applicable codes, laws, rules and regulations including, but not limited to, the health and safety, building, public works, and zoning codes of the city of South Gate and the fire code of the county of Los Angeles.

ii. The development of the commercial floor space, the residential condominium units and the attendant parking shall be as depicted in the architectural drawings dated November 28, 2006.

e. Associate Approvals. Approval of Zone Change No. 107/Precise Plan No. 19 will not be valid or take effect without the concurrent approval of Site Plan No. 284 and General Plan Amendment No. 2007-02.

(Ord. 2241 § 3, 9-25-07; Ord. 2232 § 3, 7-10-07; Ord. 2212 § 3, 7-25-06; Ord. 1967 § 4, 1-11-94; Ord. 1267 § 1, 7-21-75 (repealed); Ord. 1121 § 1, 1970; Ord. 991, 1966: Ord. 963, 1965: Ord. 905, 1963: Ord. 898 § 1, 1963: Ord. 880 § 1, 1962: Ord. 872 § 1, 1962: Ord. 848 § 1, 1961: Ord. 823, 1960: Ord. 815, 1959: Ord. 792 § 11, 10-14-58)