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PC – 2025-05 – Approving Design Review 22-03, Permitting a New, Two-Story, 3,247 Sq-Ft Single-Family Dwelling Unit With An Attached Three-Car Garage. The Subject Site is 3454 Burton Ave (APN: 5289-007-035), in the Single Family Residential (R-1) ZoneEXHIBIT "A" PC RESOLUTION 25-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 22-03, PERMITTING A NEW, TWO- STORY, 3,247 SQUARE -FOOT SINGLE-FAMILY DWELLING UNIT, WITH AN ATTACHED THREE -CAR GARAGE. THE SUBJECT SITE IS LOCATED AT 3454 BURTON AVENUE (APN: 5289-007-035), IN THE SINGLE FAMILY RESIDENTIAL (R-1) ZONE. WHEREAS, on July 7, 2022, Eduardo Heredia submitted a Design Review application requesting approval a new 3,247 square foot, two-story single-family dwelling unit with an attached three -car garage towards the rear of the lot; WHEREAS, 3454 Burton Avenue is located in the Single -Family Residential (R-1) zoning district; WHEREAS, Section 17.28.020(C) of the Rosemead Municipal Code provides the criteria for a Design Review; WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.28.020(C) of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or deny Design Review applications; WHEREAS, on April 24, 2025, forty-three (43) notices were sent to property owners within a 300 -foot radius from the subject property, the notice was published in the Rosemead Reader, and notices were posted in five (5) public locations and on site, specifying the availability of the application, and the date, time, and location of the public hearing for Design Review 22-03; WHEREAS, on May 5, 2025, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 22-03; 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 Design Review 22-03 is classified as a Class 3 Categorical Exemption, pursuant to Section 15303 of the California Environmental Quality Act guidelines. Section 15303 of the California Environmental Quality Act guidelines exempts projects consisting of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 22-03, in accordance with Section 17.28.020(C) of the Rosemead Municipal Code as follows: FINDING 1: The plans indicate proper consideration for the relationship between the proposed building and site development that exist or have been approved for the general neighborhood. FACT: The subject property is located within an established residential area of the City that contains a vast array of two-story single -family dwelling units. The applicant has provided an aesthetically complementary design, which consists of a Mediterranean inspired, two-story single -family dwelling unit with warm, earth toned colors. Furthermore, the project incorporates an extensive variety of design elements such as the use of interlocking pavers for the driveway, smooth stucco, stone veneer, recessed windows, decorative lighting, and new landscaping which would complement and improve the overall aesthetics of the surrounding neighborhood. FINDING 2: The plan for the proposed structure and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations, and other factors which may have an adverse effect on the environment, and the manner of screening mechanical equipment, trash, storage and loading areas. FACT: The proposed single -family dwelling unit will be located in the rear half of the lot and is designed with front, side, and rear setbacks that meet or exceed the minimum requirements of the R-1 zone. As a result, this creates a sufficient buffer between the single -family dwelling unit and the surrounding properties to protect against noise, vibrations, and other factors, which may have an adverse effect on the environment and neighborhood. This development would not generate any foreseeable permanent negative impacts to the noise levels of the surrounding area. In addition, the proposed mechanical equipment would not be visible from the street and fully screened from the public right-of-way. The applicant is also installing a six-foot gate which would further screen any mechanical equipment from the public right-of-way. All construction work would be required to comply with the timeframe and decibel levels indicated in the City of Rosemead Noise Ordinance. Conditions of Approval will address factors such as construction hours, fencing/walls, noise, and landscaping. FINDING 3: The proposed building or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing buildings or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value. FACT: The subject property is located within an established residential area of the City that contains a mix of single and two-story single-family dwelling units. Staff worked closely with the applicant to achieve a residential design that would complement the neighborhood character, even though the proposed single-family dwelling unit will be located in the rear half of the lot and is partially obscured by the proposed front single- family dwelling unit. The applicant has proposed an extensive variety of design elements such as the use of interlocking pavers for the driveway, stucco, stone veneer, recessed windows, and decorative lighting which are found in some of the existing residences in the neighborhood. As a result, the project is not at variance with the appearance of other existing single-family dwellings units in the neighborhood and would appreciate the appearance and value of the local environment. FINDING 4: The proposed building or structure is in harmony with the proposed developments on land in the general area, especially those instances where buildings are within or adjacent to land shown on the General Plan as being part of the Civic Center or in public or educational use, or are within or immediately adjacent to land included within any precise plan which indicates building shape, size, or style. FACT: The subject property is not part of the Civic Center Plan, precise plan, or land reserved for public or educational use, but is located in an R-1 zone. The applicant has proposed an aesthetically pleasing design that is complementary to the surrounding area. The neighborhood has a number of new or remodeled single and two-story single- family dwelling units that utilize design elements similar to those proposed in this project, including but not limited to, stone veneer, warm, earth -tone color schemes, recessed windows, decorating lighting, new landscaping. There are similar two-story, single-family dwelling units in the general area with square footages that range from 2,495 to 3,874 square feet. FINDING 5: The proposed development is in conformity with the standards of this Code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved. FACT: The proposed development satisfies all of the minimum zoning code requirements for the R-1 zone, and all applicable referenced code sections of the Rosemead Municipal Code. Additionally, the applicant has requested an additional five percent of bonus floor area, which is permitted by the zoning code and in return, has proposed the incorporation of design incentive elements. FINDING 6: The site plan and the design of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effect of the development from the view of public streets. FACT: Access to the project site would continue from Burton Avenue. The design and construction of this project would preserve and provide adequate access and circulation for vehicular and pedestrian traffic. While the proposed single-family dwelling unit is located in the rear half of the lot and not readily visible from the public right-of-way, the use of interlocking pavers for the entire driveway, new fencing/walls, and landscaping will create visual interest and significantly improve the visual effect of the site from the view of the public street. Furthermore, two decorative wall mounted, wrought iron light fixtures are proposed on the west elevation illuminating the entrance to the garage. A condition of approval has been incorporated to ensure all exterior lighting will be fully shielded and directed downwards as to not project over the property lines of the subject site. SECTION 3. The Planning Commission HEREBY APPROVES Design Review 22- 03, permitting a new, two-story, 3,247 square -foot single-family dwelling unit with an attached three -car garage located at 3454 Burton Avenue, and subject to the conditions listed in Attachment "A" attached hereto and incorporated herein by reference. SECTION 4. This action shall become final and effective ten (10) days after this decision by the Planning Commission, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Rosemead Municipal Code, Section 17.160.040 — Appeals of Decisions. SECTION 5. This resolution is the result of an action taken by the Planning Commission on May 5, 2025, by the following vote: AYES: BERRY, ESCOBAR, LOPEZ AND UNG NOES: NONE ABSTAIN: NONE ABSENT: TANG 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 5th day of May, 2025. EmmaYiscobar, Chair 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 5'" day of May 2025 by the following vote: AYES: BERRY, ESCOBAR, LOPEZ AND UNG NOES: NONE ABSTAIN: NONE ABSENT: TANG Lily Valenzuela, Secretary APPROVED AS TO FORM: I Justin Ta yo, Planning Commission Attorney Burke, Williams & So, nsen, LLP ATTACHMENT"A" (PC RESOLUTION 25-05) DESIGN REVIEW 22-03 3454 BURTON AVENUE (APN: 5289-007-035) CONDITIONS OF APPROVAL MAY 5, 2025 Standard Conditions of Approvals 1. Design Review 22-03 ("Project') is approved for the construction of a new, two- story, 3,247 square -foot single-family dwelling unit with an attached three -car garage, in accordance with the plans marked Exhibit "B", dated April 8, 2025. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 2. The following conditions must be complied to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 3. The conditions listed on this exhibit, in addition to Planning Commission Decision letter shall be copied directly onto the second sheet of the building plans, grading plans, and/or offsite improvement plans. This information shall be incorporated into the plans prior to the first submittal for plan check. 4. Approval of Project shall not take effect for any purpose until the applicant(s) have filed with the City of Rosemead ("City") 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. 5. The on-site public hearing notice posting shall be removed by the end of the 10 - day appeal period of Project. 6. Project is approved for a period of one (1) year. The applicant(s) shall commence the approved project or request an extension within 30 calendar days prior to expiration. The one (1) year initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building and Safety Divisions, so long as the project is not abandoned. If Project has been unused, abandoned, or discontinued for a period of one (1) year, it shall become null and void. 7. The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications to the project and to these conditions of approval. 8. Project 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 Project. 9. The applicant(s) 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. 10. The applicant(s) shall comply with all Federal, State, and local laws relative to the approved use, including the requirements of the Planning, Building and Safety, Fire, Sheriff, and Health Departments. 11. 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. Prior to issuance of building permits, any required school fees shall be paid. The applicant shall provide the City with written verification of compliance from the applicable school districts. 12. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of 3/4 inch, 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 Community Development Director, or his/her designee, prior to installation. 13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or on any federal holiday, without prior approval by the City. The applicant shall abide by the noise control sections of the Rosemead Municipal Code. 14. The Building and Safety Division, Planning Division, and Engineering Division shall have access to the project site at any time during construction to monitor progress. 15. All requirements of the Building and Safety Division, Planning Division, and Engineering Division shall be complied with prior to the final approval of the proposed construction. 16. The project site shall be graded to drain to the street, but in no case shall such drainage be allowed to sheet flow across public sidewalk. A grading and/or drainage plan shall be prepared, submitted to, and approved by the Building Official, and such grading and/or drainage shall take place in accordance with such approved plan. 17. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Project Specific Conditions of Approval 18. All property that is vacant, under construction, or being demolished shall be totally enclosed around the perimeter by a fence that is a minimum of six (6) feet in height as measured from adjacent property, subject to the approval of the Community Development Director or other designated officials. The following requirements shall be satisfied: a. The required fence shall be adequately constructed from chain-link, lumber, masonry or other approved materials. The fence shall be entirely self- supporting and shall not encroach or utilize structures or fencing on any adjacent property without prior written approval of the adjacent property owner. b. The fence shall be installed prior to the initiation of any construction or demolition and shall be continuously maintained in good condition. c. Signs stating "PRIVATE PROPERTY, NO TRESPASSING" shall be posted on the fence. 19. An additional five percent of floor area has been granted through the use of the following design incentives, and such design elements shall remain in effect: a. Usage of windows that are recessed a minimum of 4 inches on the front elevation - 1.5%; b. Landscape plan with 3 or more mature trees (defined as 24" box or larger) - 1.0%; c. Use of single -hung or double -hung windows of the front elevation - 0.5%; d. Second floor setback that exceeds the zoning minimum by more than 5 feet on 1 side elevation - 0.5%; e. No front yard fencing or fencing lower than 4 feet in height - 0.5%; f. Use of natural architectural materials (such as wood and stone) - 0.5%; and g. Use of interlocking pavers, decomposed granite or other decorative hardscape materials for walkways and driveways - 0.5%. 20. All mechanical/utility equipment (including meters, back flow prevention 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. In addition, all gutters, downspouts, mechanical elements, and/or architectural features shall be painted to complement the single-family dwelling unit. 21. The applicant(s) shall submit a final landscape and irrigation plan to the Planning Division prior to the issuance of building permits. The landscape and irrigation plan shall comply with the City's Water Efficient Landscape Ordinance and with the Guidelines for Implementation of the Water Efficient Landscape Ordinance and include a sprinkler system with automatic timers and moisture sensors. All landscaping and irrigation shall be installed and completed prior to final Planning Division approval. All landscaped areas shall be permanently maintained in a neat and orderly manner. 22. Any exterior lighting shall be fully shielded and directed downwards as to not project over the property lines of the subject site. 23. All perimeter walls along the front, side, and rear property lines shall be decorative to complement the single-family dwelling unit. Building and Safety Conditions of Approval 24. Plans prepared in compliance with the current Building Code shall be submitted to the Building and Safety Division for review prior permit issuance. In addition, structural calculations prepared under the direction of an architect, civil engineer, or structural engineer shall be provided. A separate plan review and permit is required for the swimming pool. 25. Each sheet of the plans shall be stamped and signed by a California licensed architect or engineer per R301.1.3.2 as adopted and amended by the City, for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2 or E. 26. A geotechnical and soils investigation report is required, the duties of the soils engineer of record, as indicated on the first sheet of the approved plans, shall include the following: a) Observation of cleared areas and benches prepared to receive fill; b) Observation of the removal of all unsuitable soils and other materials; c) The approval of soils to be used as fill material; d) Inspection of compaction and placement of fill; e) The testing of compacted fills; and f) The inspection of review of drainage devices. 27. The owner shall retain a soil engineer to prepare the Preliminary Soils and/or Geotechnical Investigation that will be accepted by the City for observation of all grading, site preparation, and compaction testing. Observation and testing shall not be performed by other soils and/or geotechnical engineer unless the subsequent soils and/or geotechnical engineer submits and has accepted by the City, a new Preliminary Soils and/or Geotechnical Investigation. 28. A grading and drainage plan shall be approved prior to issuance of the building permit. The grading and drainage plan shall indicate how all storm drainage including contributory drainage from adjacent lots is carried to the public way or drainage structure approved to receive storm water. 29. Stormwater Planning Program LID Plan Checklist (MS4-1 FORM) completed by Engineer of Record shall be copied on the first sheet of Building Plans and on the first sheet of Grading Plans. The form can be found at the following link 30. The property shall be surveyed, and the boundaries marked by a land surveyor licensed by the State of California. In addition, a foundation inspection will not be made until the excavation has been surveyed and the setbacks are determined to be in accordance with the approved plans by a land surveyor licensed by the State of California. THIS NOTE IS TO BE PLACED ON THE FOUNDATION PLAN IN A PROMINENT LOCATION. 31. The project shall comply with the CalGreen Residential mandatory requirements. 32. All fire sprinkler hangers must be designed, and their location approved by an engineer or an architect. Calculations must be provided indicating that the hangers are designed to carry the tributary weight of the water filled pipe plus a 250 -pound point load. A plan indicating this information must be stamped by the engineer or the architect and submitted for approval prior to the issuance of the building permit. A separate permit is required for Fire Sprinklers. Public Works Conditions of Approval 33. A separate permit shall first be obtained from the Public Works Department prior to placement of any construction materials or equipment in the public way. 34. Dedicate street right-of-way to match the ultimate right-of-way condition, when applicable. 35. The required street improvements shall include those portions of roadways contiguous to the subject property and include: