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PC - 2009-05 - Approving Conditional Use Permit to Construct a New Two Story Second Residential Unit Located at 2440 Denton AvenuePC RESOLUTION 09-05 11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 09-01, REQUESTING TO CONSTRUCT A NEW TWO-STORY SECOND RESIDENTIAL UNIT, TOTALING APPROXIMATELY 732 SQUARE FEET, LOCATED AT 2440 DENTON AVENUE IN THE R-2 (LIGHT MULTIPLE RESIDENTIAL) ZONE. (APN 5284-024-031) WHEREAS, on February 17, 2009, Howard Trieu filed an application for the construction of a new two-story second residential unit, totaling approximately 732 square feet. WHEREAS, this property at 2440 Denton Avenue is located in the R-2 (Light Multiple Residential) zone; and WHEREAS, Section 17.112.030 (30) of the Rosemead Municipal Code (RMC) allows second-story and two-story second residential units in accordance with Section 17.30.040 of this code, upon the granting of a Conditional Use Permit (CUP). Section 17.112.010 sets criteria required for granting such a permit. These criteria require that the proposed use is deemed: The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. WHEREAS, Section 17.30.040 provides additional findings for granting a second-story or two-story second residential unit: • Unless modified by this section, meet all standards for one-story units listed in this.Section 17.30.030 above, except that setbacks shall be those applicable to primary dwelling units of the residential district in which the lot is located; and • Not have stairs that are visible'from a street or shall have stairs that are screened from view; and • Not have its door visible from the street in single-family neighborhoods, and generally shall not create an appearance out of character with the single-family nature of the R-1 zone; and • Have an upper story that is smaller than the lower story to decrease the bulk and mass of the building and add architectural character. The square footage of the upper story shall be at least 10% less than the lower story; and • If a detached unit, be no higher than the primary unit; and • If on an alley, may be allowed tandem parking within a garage as an option if tandem parking will result in a unit that (a) faces the alley and (b) has a garden or landscaped area facing the alley. This provision is intended to be an incentive for making the ally an attractive living environment and a secondary street; and • Have its architectural character, design, style, massing, height, construction materials, trim, and color in harmony with the primary unit and the surrounding neighborhood; and • Not cause excessive noise, traffic, parking or overloading of public facilities or infringe upon the privacy of adjacent residences; and • Not invade privacy, cast excessive shade on adjacent properties or reduce light available for solar energy. WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WHEREAS, on February 19, 2009, sixty-six (66) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices posted in five (5) public locations and on-site, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 09-01; and WHEREAS, on March 2, 2009, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 09-01; 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 Conditional Use Permit 09-01 is Categorically Exempt from environmental review as a Class 3 Exemption pursuant to Section 15303 (a) of the California Environmental Quality Act (CEQA). SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 09-01 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The Conditional Use Permit applied for is authorized by the provisions of this title and that the granting of such conditional use permits will not adversely affect the established character of the surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located. FINDING: Staff finds this request to be consistent with land uses in the general area with no foreseeable negative impacts to the adjacent neighborhood. The large size and depth of the subject lot would allow the lot to be developed with a single-family residence and a two-story second residential unit without creating detrimental visual or privacy impacts to the adjacent properties. The applicant has taken appropriate measures to ensure that the two-story second residential unit will not impinge on the privacy of adjacent lots by proposing to install numerous Carolina Laurel Cherry on the north, south and east elevation. B. The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not, under the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood. FINDING: The site is designated in the General Plan as Medium Density Residential. The proposed use is in conformity with the General Plan, in that the policies of the General Plan encourage complementary uses that will not be in conflict with established neighborhood districts. On the zoning map, it is designated as R-2 (Light Multiple Residential), which permits the construction of a two-story second residential unit with approval of a Conditional Use Permit. The two-story second residential unit is being built within the adopted development standards of the R-2 (Light Multiple Residential) zone and Section 17.30.040 of the Rosemead Municipal Code (RMC). Therefore, the project is not anticipated to be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood. C. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental or injurious to the general welfare of the City. FINDING: Staff has worked closely with the designer in designing a two-story second residential unit that will not impinge on adjacent properties. Staff feels that the addition of this two-story second residential unit will improve the overall aesthetics of the. neighborhood, as well as, increase the property values and will not create negative impacts to the general welfare of the City. Staff has also included numerous conditions of approval to address design details of the two-story second residential unit. D. The two-story second residential unit shall meet all standards for one-story units listed in Section 17.30.030 of the Rosemead Municipal Code, except that setbacks shall be those applicable to primary dwelling units of the residential district in which the lot is located. FINDING: Staff has verified that the proposed two-story second residential unit meets all the standards listed in Section 17.30.030 of the Rosemead Municipal Code. E. The two-story second residential unit shall not have stairs that are visible from a street or shall have stairs that are screen from view. FINDING: The staircase of the two-story second residential unit is proposed on the interior of the dwelling unit. Therefore, it is not visible from the street. E. The two-story second residential unit shall not have its door visible from the street in single-family neighborhoods, and generally shall not create an appearance out of character with the single-family nature of the R-1 zone. FINDING: The applicant is proposing to locate the front entry directly facing the garage. F. The two-story second residential unit shall have an upper story that is smaller than the lower story to decrease the bulk and mass of the building and add architectural character. The square footage of the upper story shall be at least 10% less than the lower story. FINDING: The second floor of the proposed second residential unit is 2.2% greater in size than the first floor. G. The two-story second residential unit, if detached, shall be no higher than the primary unit. FINDING: The building, height of the primary unit is 26'-0". The height of the two-story second residential unit is proposed at 22'-9". H. The two-story second residential unit, if on an alley, may be allowed a tandem parking with a garage as an option if parking will result in a unit that (a) faces the alley and (b) has a garden or landscaped area facing the alley. This provision is intended to be an incentive for making the ally an attractive living environment and a secondary street. FINDING: The proposed two-story second residential unit is not located on an alley. 1. The two-story second residential unit shall have its architectural character, design, style, massing, height, construction materials, trim, and color in harmony with the primary unit and the surrounding neighborhood. FINDING: The applicant has proposed a contemporary architectural design to match the main dwelling unit. The applicant is also proposing colors, type and materials to match the main dwelling. The main body of the two-story second residential unit will be a beige stucco color (La Habra Stucco - Pacific Sand). The eave and trim will be finished in a darker beige stucco (La Habra Stucco - Alamo) and the fascia will be painted white (Dunn Edwards - Swiss Coffee). A grayish brown stone veneer (Cultured Stone - Quick Stack/Coastal Brown) will be applied to the base of the second residential unit on the west elevation. The roofing material will be a concrete roof tile (Eagle Roofing Product - Gray Brown Range). J. Not cause excessive noise, traffic, parking or overloading of public facilities or infringe upon the privacy of adjacent residences. FINDING: Staff has worked closely with the applicant or project proponent in designing a two-story second residential unit that will not impinge on adjacent properties. Staff has also included numerous conditions of approval to address these issues. K. Not invade privacy, cast excessive shade on adjacent properties or reduce light available for solar energy. FINDING: Staff has worked closely with the applicant or project proponent in designing a two-story second residential unit that will not impinge on adjacent properties. The applicant is proposing to install numerous Carolina Laurel Cherry on the north, south and east elevation of the second residential unit to ensure that the privacy of adjacent lots will not be impinged. Staff has also added a condition of approval requiring that all second-story windows shall be clere-story windows. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 09-01, to allow the construction of a new two-story second residential unit, located at 2440 Denton Avenue, subject to conditions 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 March 2, 2009, by the following vote: YES: CAM, GAY, KUNIOKA, LOPEZ AND VUU NO: NONE ABSENT: NONE ABSTAIN: NONE SECTION 6. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 2nd day of March, 2009. Daniel Lopez, Chairman 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 2ne day of March, 2009, by the following vote: YES: CAM, GAY, KUNIOKA, LOPEZ AND VUU NO: NONE ABSENT: NONE ABSTAIN: NONE 444 Sheri Bermejo, Secretary • 0 EXHIBIT "B" CONDITIONAL USE PERMIT 09-01 (APN: 5284-024-031) CONDITIONS OF APPROVAL March 2, 2009 1. Conditional Use Permit 09-01 is approved for the construction of a new two-story second residential unit, to be developed in accordance with the plans marked Exhibit "C" dated February 17, 2009, and submitted colored elevations and color and material sample boards. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of Conditional Use Permit 09-01 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he/she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval date. 3. Conditional Use Permit 09-01 is approved for a period of one (1) year from the Planning Commission approval date. The applicant shall initiate the proposed use, or request an extension within 30-calendar days before expiration of the initial one (1) year approval period. Otherwise, Conditional Use Permit 09-01 shall become null and void. 4. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved Plans where necessary. 5. Conditional Use Permit 09-01 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 Conditional Use Permit 09-01. 6. 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. 7. All conditions of approval must be complied with to the satisfaction of the Planning Division, prior to final inspection. 8. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building departments for review. 9. 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. 10.Construction activities shall be limited to take place between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or any legal holidays. 11. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10-day appeal period of Conditional Use Permit 09-01. 12. Building permits will not be issued in connection with any project until such time as all plan check fees, and all other applicable fees are paid in full. 13. Prior to issuance of building permits, all school fees shall be paid. The applicant shall provide the City with written verification of compliance from the School District. 14. Planning staff shall have access to the subject property at any time during construction to monitor progress. 15. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 16. Driveways and parking areas shall be surfaced and improved with 4 inches of asphalt concrete over 4 inch-base material crushed aggregate or 6 inches of concrete, the layout shall be as shown on Exhibit "C"; and thereafter maintained in good serviceable condition. 17.All ground level mechanical/utility equipment (including meters, back flow preservation devices, fire valves, A/C condensers, furnaces and other equipment) shall be located away from public view or adequately screened by landscaping or screening walls so as not to be seen from the public right-of-way. Said screening shall be approved by the Planning Division before installation. 18. No portion of any required front and/or side yards shall be used for storage of any type. • 0 19. There shall be no outside storage of vehicle parts, equipment or trailers. All trash and debris shall be contained within a trash enclosure. 20.All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Division. 21.The numbers of the address signs shall be at least 6" tall with a minimum character width of 1/4", contrasting in color and easily visible at driver's level from the street. Materials, colors location and size of such address numbers shall be approved by the City Planner or his/her designee prior to installation. 22.Applicant shall obtain an encroachment permit for all work in the public right of way. 23.Applicant shall install and complete all necessary public improvements, including but not limited to street, curbs, gutters, sidewalks, handicap ramps, and storm drains, along the entire street frontage of the development site as required by the Planning Division. 24.The dwelling unit shall be provided with water conservation fixtures such as low flush toilets and low flow faucets. The hot water heater and lines shall be insulated. Landscaping irrigation systems shall be designed for high efficiency and irrigation timers programmed for minimized water usage (Modified by the Planning Commission on March 2, 2009). 25.All requirements of the Building and Safety Department and Planning Division shall be complied with prior to the final approval of the proposed construction. 26. Prior to issuance of Building permits, a final landscape and irrigation plan shall be submitted and approved by the Planning Division, reflecting preliminary approval of landscape/site plan, commonly referred to as Exhibit "C," to satisfy the requirements of Rosemead Municipal Code Section 17.20.230, R-2 Residential Design Incentives. The landscape plan shall include a wide variety colorful and drought tolerant trees, shrubs, flowers and ground covers. The irrigation plan shall include automatic timers and moisture sensors. All landscaping-and irrigation shall be installed and completed prior to final Planning Division approval. 27.A minimum of two (2) 24" box trees shall be installed in the front yard and one (1) 24" box tree shall be installed in the side yard of the two-story second residential unit, to satisfy the requirements of Rosemead Municipal Code Section 17.20.230, R-2 Residential Design Incentives. 28.The applicant shall install a minimum of thirty (30) Carolina Laurel Cherry trees on the north, south and east elevation of the two-story second residential unit. Pi 29. No fence, wall or hedge located in the rear or side yards shall exceed a height of six feet and no fence, wall or hedge located in the front yard shall exceed a height of four feet. 30. Vine pockets shall be installed throughout the front yard areas of the entire development to soften the appearance of walls. 31.The two-story second residential unit shall meet all the requirements set forth in Section 17.30.040 of the Rosemead Municipal Code. 32.The windows and doors of the two-story second residential unit shall be placed such that privacy of adjacent lots is not impinged; windows shall be above eye level, shall face toward the existing primary residence or street, or shall be screened from view from adjacent lots. 33.The second floor window located on the north elevation shall be a clere-story window (Modified by the Planning Commission on March 2, 2009). 34.The two-story second residential unit shall match the primary unit in materials, colors, types of windows, doors, trim, proportions, amount of overhang, architectural embellishments, roof shape, and quality. 35.A recorded covenant shall be provided prior to occupancy of the second unit providing such notice and further providing that the second residential unit shall be a legal unit only so long as either the main dwelling unit or the second unit is occupied by the owner of record of the property and providing this restriction shall be binding upon on any successor in ownership of the property. 36.The applicant shall work with the Planning Division on utilizing drought tolerant plants in the landscape plan (Added by the Planning Commission on March 2, 2009). 37.Violation of the conditions of approval may result in citation and/or initiation of revocation proceedings.