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PC - 2009-06 - Approving Tract Map 071087 to Consolidate 5 parcels into 1 - Located at 7968 Garvey AvenuePC RESOLUTION 09-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING TENTATIVE TRACT MAP 071087 TO CONSOLIDATE FIVE (5) EXISTING PARCELS INTO ONE (1) PARCEL LOCATED AT 7968 GARVEY AVENUE IN THE C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5284-027-027). WHEREAS, on February 3, 2009, Ton Sanh Nguyen submitted a Tentative Tract Map application to consolidate five parcels into one parcel located at 7968 Garvey Avenue; and WHEREAS, this property is located at 7968 Garvey Avenue and is located in the C-3' (Medium Commercial) zone; and WHEREAS, Sections .66473.5 and 66474 of the California Government Code (Map Act) and 16.08.130 of the Rosemead Municipal Code specify the following criteria by which a subdivision map may be granted: • The map will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity The proposed division will not be.contraryto any official plan • Each proposed parcel conforms in area and dimension according to the provisions of City Codes and subdivision Map Act requirements • All streets, alleys, and driveways proposed to serve the property have been dedicated and that such streets, alleys and driveways are of sufficient design to provide adequate access and circulation for vehicular and pedestrian traffic • Easements and covenants required for the Tentative Tract Map have been dully executed and recorded; and WHEREAS, Sections 66451 et. seq. of the California Government Code (Subdivision Map Act) and Section 16.08.130 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny tentative subdivision maps; and WHEREAS, thirty seven (37) notices were sent to property owners within a 300- foot radius from the subject property, in addition to notices being posted in public locations, and the posting of an on-site public notice specifying the availability of the application, plus the date, time and location of the public hearing for Tentative Tract Map 071087; and WHEREAS, on April 20, 2009, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Tentative Tract Map 071087; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that Tentative Tract Map 071087 is Categorically Exempt under Section 15303(c) of the California Environmental Quality Act (CEQA) and local environmental guidelines where the project consists of reversion to acreage in accordance with the Subdivision Map Act. Accordingly, Tentative Tract Map 071087 is classified as a Class 5 Categorical Exemption pursuant to Section 15305(c) of CEQA and therefore exempt from CEQA. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify APPROVAL of Tentative Tract Map 071087 according to the criteria of Section 16.08.130 of the Rosemead Municipal Code as follows A. The proposed subdivision will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity. FINDING: The proposed map to consolidate five (5) parcels into one parcel will improve the alignment of the subject property lines, bring the site into compliance with the Uniform Building Code, and prevent parcels within the development from being sold separately without adequate parking and access facilities in the future. The proposed map is designed within the parameters of the Subdivision Map Act and the Rosemead Municipal Code. The map will not be detrimental to public welfare or injurious to the property improvements. The map will eliminate a non-physical development constraint and allow for the existing structures onsite to be renovated according to the previously approved Conditional Use Permit 07-1107. B. The proposed division will not be contrary to any official plan. FINDING: The subject site is designated C-3 (Medium Commercial) on the Zoning Map and Mixed Use: Residential/Commercial (30-45du/acre) in the General Plan. The proposed Tentative Tract Map was filed with the City of Rosemead to comply with a condition of approval for Conditional Use Permit 07-1107 that approved the development of a mini-mall consisting of a 2,000 square-foot restaurant and a 2,900 square-foot retail establishment as well as fagade and site improvements. Planning Division staff and the City Engineer have checked the tentative map for accuracy and have verified that the application is not contrary to any adopted policy or plans. C. Each proposed parcel conforms in area and dimension according to the provisions of City Codes and Subdivision Map Act requirements. FINDING: The proposed Tentative Tract Map 071087 will consolidate five (5) . parcels into one (1) parcel. The new parcel will total approximately 34,505 square-feet (0.79 acres). The proposed parcel conforms with City Codes and Subdivision Map Act requirements. There is adequate ingress and egress available on the subject parcel. D. All streets, alleys, and driveways proposed to serve the property have been dedicated and that such streets, alleys and driveways are of sufficient design to provide adequate access and circulation for vehicular and pedestrian traffic. FINDING: The City Engineer has reviewed this proposed lot consolidation relative to the adjacent right-of-way. The access to the proposed parcel is via Garvey Avenue to the north and Kelburn Avenue to the east, which are fully improved streets. No additional streets, alleys or driveways are proposed with this tentative map. The proposed development on the site, which was approved by the Planning Commission under Conditional Use Permit 07-1107 on December 3, 2007, would preserve the public safety and provide adequate access and circulation for vehicular and pedestrian traffic. All necessary public improvements will be inspected and approved by applicable agencies prior to the issuance of a certificate of occupancy. Any improvements to be constructed within right-of-way will be reviewed and permitted by the City Engineer who shall ensure guarantee of public safety prior to issuance of applicable permits. E. Easements and covenants required for the approval of the Tentative Tract Map have been duly executed and recorded. FINDING: Prior to recordation of the Final Map, and where applicable, the applicant shall dedicate necessary easements to be executed as required by the City Engineer and such dedicated easements shall be recorded with the Final Map. SECTION 3. The Planning Commission HEREBY APPROVES Tentative Tract Map 071087 to allow consolidation of five (5) parcels into one (1) parcel subject to conditions of approval listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4. This resolution is the result of an action taken by the Planning Commission on April 20, 2009, by the following vote: YES: GAY, KUNIOKA, LOPEZ AND VUU NO: NONE ABSENT:CAM ABSTAIN: NONE SECTION 5. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 20th day of April, 2009. aj~ - Daniel Lopez, Ch irman CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 20th day of April, 2009, by the following vote: YES: GAY, KUNIOKA, LOPEZ AND VUU NO: NONE ABSENT:CAM ABSTAIN: NONE Sheri Bermejo, Secretary EXHIBIT "B" TENTATIVE TRACT MAP 071087 LOCATED AT 7968 GARVEY AVENUE. CONDITIONS OF APPROVAL April 20, 2009 1. Tentative Tract Map 071087 is approved to consolidate five (5) existing parcels into one (1) parcel to be developed in accordance with Tentative Tract Map marked Exhibit "C" dated April 9, 2009. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division and the City Engineer. 2. Approval of Tentative Tract Map 071087 shall not take effect for any purpose until the applicant has filed with the City of Rosemead an affidavit stating that they are aware of and accept all conditions of approval as set forth in the letter of project approval and this list of conditions. 3. Tentative Tract Map 071087 is approved for a period of two years. The applicant shall make progress towards initiation of proposed use or request an extension 30 days prior to expiration from the Planning Commission. Otherwise, Tentative Tract Map 071087 shall become null and void. 4. All applicable conditions of approval for Conditional Use Permit 07-1107 shall remain in effect and shall apply to Tentative Tract Map 071087. 5. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 6. Prior to the issuance of building permits, all applicable fees payable under State Law shall be paid. 7. The numbers of the address signs shall be at least 6" tall with a minimum character width of 1/4", contrasting in color and easily visible at driver's level from the street. The location, color and size of such sign shall be subject to the approval of the Planning Director. 8. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 9. The Applicant shall obtain a public works permit for all work in or adjacent to the public right of way. 10. There shall be no outside storage of vehicles, vehicle parts, equipments, debris or travel trailers. All trash and debris shall be contained within City approved trash enclosures. All trash, rubbish and garbage receptacles shall be regularly cleaned, inspected and maintained in a clean, safe and sanitary condition. All trash receptacles shall include self-closing and self latching doors and shall remain closed at all times. 11. The on-site public hearing notice posting shall be removed within 30 days from the end of the 10-day, appeal period of Tentative Tract Map 071087. 12.The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010-8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. 13. The site shall be maintained in a graffiti-free state. It shall be the responsibility of the subject property owner to remove any new graffiti within twenty-four (24) hours. The City's 24-hour Graffiti Hotline can be called at (626) 569-2345 for assistance. 14.The parking area, including handicapped spaces, shall be paved and re-painted periodically per City standards to the satisfaction of the Planning Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking stalls shall be double striped and have wheel stops. Such striping shall be maintained in a clear, visible, and orderly manner. 15.The applicant shall maintain a minimum clearance of five (5) feet (free of any debris, storage, furniture, etc.) from any electrical/mechanical equipment and/or emergency exits. 16.All open areas not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 17.The landscaped areas shall be maintained with adequate landscaping on a regular basis, including the removal of trash and litter, the replanting of dead or missing shrubs and plants as well as the periodic pruning of dead limbs and branches as necessary. Plants and trees shall be watered with an automatic controlled drip irrigation system and moisture sensors (modified by Planning Commission on 4-20-2009). 18. Driveways and parking areas shall be maintained in good serviceable condition. 19. All roof top appurtenances and accessory equipments shall be adequately screened by landscaping or screening walls from public view so as not to be visible from adjacent properties. There shall be no mechanical equipments attached to the sides of the building (modified by Planning Commission on 4- 20-2009). 20.The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications to the approved plans. 21. Tentative Tract Map 071087 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit-including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the city, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on this Tentative Tract Map. 22. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and/or City Council concerning the project, which action is brought within the time period provided by law. 23.Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. CITY ENGINEER'S RECOMMENDED CONDITIONS OF APPROVAL GENERAL 24. Details shown on the Tentative Tract Map are not necessarily approved. Any details which are inconsistent with requirements of ordinances, general conditions of approval, or City Engineer's policies must be specifically approved in the final map or improvement plan approvals. 25.A Final Tract Map prepared by, or under the direction of a Registered Civil Engineer authorized to practice land surveying, or a Licensed Land Surveyor, must be processed through the City Engineer's office prior to being filed with the County Recorder. 26.A preliminary subdivision guarantee is required showing all fee interest holders and encumbrances. An updated title report shall be provided before the Final Tract map is released for filing with the County Recorder. 27. Monumentation of tract map boundaries, street centerline and lot boundaries is required for a map based on a field survey. 28. Final Tract Map shall be filed with the County Recorder and one (1) mylar copy of filed map shall be submitted to the City Engineer's office. Prior to the release of the final map by the City, a refundable deposit in the amount of $1,000 shall be submitted by the developer to the City, which will be refunded upon receipt of the mylar copy of the filed map. 29. The Tract Map shall comply with all requirements of the Subdivision Map Act. 30.Approval for filing of this land division is contingent upon approval of plans and specifications mentioned below. If the improvements are not installed prior to the filing of this division, the developer must submit an Undertaking Agreement and a Faithful Performance and Labor and Materials Bond in the amount estimated by the City Engineer guaranteeing the installation of the improvements. 31.The City reserves the right to impose any new plan check and/or permit fees approved by City Council subsequent to tentative approval of this map. DRAINAGE AND GRADING 32. Prior to the recordation of the final map, grading and drainage plans must be approved to provide for contributory drainage from adjoining properties as approved by the City Engineer, including dedication of the necessary easements. 33.A grading and drainage plan must provide for each lot having an independent drainage system to the public street, to a public drainage facility, or by means of an approved drainage easement. 34. Historical or existing storm water flow from adjacent lots must be received and directed by gravity to the street, a public drainage facility, or an approved drainage easement. 35. Developer must comply with the City's storm water ordinance ROAD 36. Any new drive approaches shall be constructed at least 3' from any aboveground obstructions in the public right-of-way to the top of "x" or the obstruction shall be relocated. Drive approaches shall be at least 10' wide. WATER AND UTILITIES 37.New power, telephone, and cable television services shall be underground if new construction is proposed (modified by Planning Commission on 4-20- 2009). 38.Any utilities that are in conflict with the development shall be relocated at the developer's expense. 39. Prior to the filing of the final map, there shall also be filed with the City Engineer, a statement from the water purveyor indicating subdivider compliance with the Fire Chiefs fire flow requirements. City Engineer's additional Conditions of approval (added by Planning Commission on 4-20-2009) 40.A dedication.of three (3) feet of right-of-way is required along the property's frontage along Garvey Avenue. 41.The existing handicap ramp may require replacing or upgrading to meet current ADA standards, the applicant must pay the cost of any improvements required to meet these standards. Street trees must be required and installed along the front of the property within both Garvey Avenue and Kelburn Avenue. 42.Trees species and size of street trees shall be determined by the City's Urban Forester. Tree wells and tree grates may also be required. Location of street trees must be offset a minimum of eight (8) feet from all proposed and existing street trees. 43.The basis of bearings used for the field survey required for the final map shall include two survey well monuments found or set. The City Engineer may waive this requirement upon petition should this be impractical. Well monuments shall be set in accordance with standard plan No. S08-001, if required. 44. All overhead utility services shall be relocated underground where practical.