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PC - Item 5A - Modification 10-1 - Tentative Parcel Map 067472 and Zone Varience 05-337) 3033 Willard AveROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIRWOMAN AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: MAY 3, 2010 SUBJECT: MODIFICATION 10-01 (TENTATIVE PARCEL MAP 067472 AND ZONE VARIANCE 05-337) 3033 WILLARD AVENUE Summary Ms. Ann Chen is requesting to modify the perimeter block wall material previously approved under Tentative Parcel Map 067472 and Zone Variance 05-337. Condition of Approval No. 25 requires that all perimeter walls consist of split face block with decorative pre-cast concrete caps. Ms. Chen is proposing a precision block wall that is stuccoed and painted to match the exterior of the buildings. The subject site is located at 3033 Willard Avenue in the R-2 (Light Multiple Residential) zone. Environmental Determination: Section 15303 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist 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. Accordingly, Modification 10-01 is classified as a Class 3 Categorical Exemption pursuant to Section 15303 of CEQA and therefore exempt from further environmental analysis. Staff Recommendation Staff recommends that the Planning Commission APPROVE Modification 10-01 and ADOPT Resolution No. 10-15 (Exhibit "A") with findings and subject to nine (9) conditions outlined in Exhibit "B" attached hereto. MOD 10-01, PC Staff Report May 3, 2010 Page 2 of 14 Property History and Description The subject site is located on the west side of Willard Avenue, between Earle Avenue and Walnut Grove Avenue. The site totals approximately 21,212± square feet. On August 6, 2007, the Planning Commission approved Tentative Parcel Map 067472 and Zone Variance 05-337 for the subdivision of two (2) parcels into four (4) parcels for the development of four (4) new single-family homes. A zone variance application was approved to deviate from the minimum required lot size of six thousand (6,000) square feet for flag lot development of the proposed front lot. The project is currently under construction, and the Building Division estimates that the project will be completed by Fall of this year. East Elevation Site & Surrounding Land Uses The site is designated in the General Plan for Multi-Family Density Residential and on the zoning map it is designated for R-2 (Light Multiple Residential) zone. The site is surrounded by the following land uses: North General Plan: Medium Density Residential (0-12 du/ac) Zoning: R-2 (Light Multiple Residential) Land Use: Residential South: General Plan: Mixed use: Residential/Commercial (30 du/ac; 3 stories) Zoning: M-1 (Light Manufacturing and Industrial) MOD 10-01, PC Staff Report May 3, 2010 Page 3 of 14 Land Use: Motel and Auto Business East: General Plan: Medium Density Residential (0-12 du/ac) Zoning: R-2 (Light Multiple Residential) Land Use: Residential West: General Plan: Medium Density Residential (0-12 du/ac) Zoning: R-2 (Light Multiple Residential) Land Use: Residential Administrative Analysis The applicant is requesting to modify Condition of Approval No. 25 as set forth in the original project approvals. As approved by the Rosemead Planning Commission on August 6, 2007, Condition of Approval No. 25 states that A wall/fence plan shall be submitted to the Planning Department for review and approval prior to installation. All perimeter walls shall consist of split face block, in a neutral color, with decorative pre- cast concrete caps." As illustrated on the plans, attached as Exhibit "C," the applicant is requesting to change the wall material from a split face block to a precision block that is stuccoed and painted to match the exterior of the new dwelling units. A split face cap will be added to the top of the wall. In a letter dated March 2, 2010, which has been attached as Exhibit "D," the applicant indicated that her request to modify the wall material is due to an economic hardship. Attached to Ms. Chen's letter is a cost estimate for a split face block wall and a stuccoed precision block wall (which has also been attached as "Exhibit E"). The cost estimate indicates that a precision block wall with a stucco finish would cost $45,000 and a split face block wall would cost $77,000. Ms. Chen states that she is unable to afford the cost of the split face wall. Staff has carefully reviewed the applicant's request to verify that the proposed block wall will be compatible with the architectural style of the new homes under construction. The Single-Family Residential Design Guidelines recommends that all wall material utilize materials and colors that are compatible with the architectural style of the home and surrounding neighborhood. For this reason, staff finds that this request to be consistent with the dwelling units currently under construction. Municipal Code Requirements Section 66474 et seq of the Subdivision Map Act describes the grounds for approving a subdivision map. In addition, Chapter 16.08 of the Rosemead Municipal Code (RMC) provides subdivision regulations for minor subdivisions (4 or less lots). Chapter 16.08 does not contain standards for the modification of maps, and so City staff has applied the same standards to Ms. Chen's request for a modification that were applied to the original map application. MOD 10-01, PC Staff Report May 3, 2010 Paoe 4 of 14 On August 6, 2007, the Planning Commission determined that the subdivision met all the requisite standards of the Subdivision Map Act and Chapter 16.08 of the RMC and approved Tentative Parcel Map 067472. As stated above, in the absence of specific standards for modification in the Code, Staff is applying the requirements for the initial grant of the approval to the applicant's request for a modification. The following are findings that must be made in order to approve~a Tentative Parcel Map and Staffs analysis of each: The map will not be materially detrimental to the public welfare nor injurious to the property, or improvements in the immediate vicinity. The parcel map was approved by the Planning Commission on August 6, 2007 and the LA County Department of Public Works has indicated that the parcel map was recorded on September 2, 2009. The modification of the block wall material will not affect the map, and therefore will not be detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity. • The proposed division will not be contrary to any official plan, policy or standards adopted by the City. The parcel map was approved by the Planning Commission on August 6, 2007 and the LA County Department of Public Works has indicated that the parcel map was recorded on September 2, 2009. The modification of the block wall material will not affect the subdivision, therefore will not be contrary to any official plan adopted by the City Council of the City of Rosemead; or to any official policies or standards adopted by the City Council and on file in the office of the City Clerk at or prior to the time of filing of the application hereunder. • Each proposed parcel conforms in area and dimension to the City codes. The parcel map was approved by the Planning Commission on August 6, 2007 and the LA County Department of Public Works has indicated that the parcel map was recorded on September 2, 2009. The modification of the block wall will not affect each proposed parcel, therefore each proposed parcel continues to conform in area and dimension to the provisions of zoning and subdivision requirements of the City of Rosemead. • 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. The parcel map was approved by the Planning Commission on August 6, 2007 and the LA County Department of Public Works has indicated that the parcel MOD 10-01, PC Staff Report May 3, 2010 Pape 5 of 14 map was recorded on September 2, 2009. The modification of the block wall will not affect the adjacent right-of-way and private common driveway, therefore would not affect the public safety, adequate access, or circulation for vehicular and pedestrian traffic. • Easements and covenants required for the' Tentative Map have been executed and recorded. The parcel map was approved by the Planning Commission on August 6, 2007 and the LA County Department of Public Works has indicated that the parcel map was recorded on September 2, 2009. The modification of the block wall will not affect the execution or recordation of alley easements and covenants required for the approval of the tentative map or plot plan. Section 17.108.020 of the Municipal Code sets criteria required for granting a variance. There being no specific criteria for modification of a variance, Staff has applied these same criteria to Ms. Chen's application. If any one of the criteria cannot be met, then the variance may not be granted. As with the map, on August 6, 2007, the Planning Commission determined that the zone variance met all the requisite standards required by Section 17.108.020 of the RMC. These criteria require that granting such a variance will not: • Constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity; The zone variance was approved by the Planning Commission on August 6, 2007 for less than required lot area (Lot 1). The modification of the block wall will not affect the zone variance. Therefore, it will not constitute a grant of special privilege to the property owner. • Be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity; The zone variance was approved by the Planning Commission on August 6, 2007 for less than required lot area (Lot 1). The modification of the block wall will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The applicant is proposing stuccoed block wall which will be compatible with the architectural style of the new homes under construction. • Adversely affect the comprehensive general plan; and MOD 10-01, PC Staff Report May 3, 2010 Paqe 6 of 14 The zone variance was approved by the Planning Commission on August 6, 2007 for less than required lot area (Lot 1). The modification of the block wall will not affect the subdivision, therefore will not adversely affect the comprehensive General Plan. That because of special circumstances, the strict enforcement of the code would deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications. The zone variance was approved by the Planning Commission on August 6, 2007 for less than required lot area (Lot 1). The modification of the block wall will not deprive the subject property of privileges enjoyed by other properties in the vicinity. Section 17.20.170 of the RMC sets regulations and allows the installation of fences, walls and hedges in the R-2 zone. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300' radius public hearing notice to fifty (50) property owners, publication in the San Gabriel Valley Tribune, and postings of the notice at the six (6) public locations and on the subject site. Prepared by: - Lily Trinh Assistant Planner ,,,Submitted by: Community Director Attachments: A. Resolution 10-15 B. Conditions of Approval C. Architectural Plans dated April 1, 2010 D. Letter of Request dated March 2, 2010 E. Cost Estimate of Block Wall Material MOD 10-01, PC Staff Report May 3, 2010 Page 7 of 14 EXHIBIT "A" PC RESOLUTION 10-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING A MODIFICATION TO THE PERIMETER BLOCK WALL MATERIAL PREVIOUSLY APPROVED UNDER TENTATIVE PARCEL MAP 067472 AND ZONE VARIANCE 05-337 FROM SPLIT FACE BLOCK WALL TO PRECISION BLOCK WALL THAT IS STUCCOED AND PAINTED TO MATCH THE EXTERIOR OF THE BUILDINGS. THE SUBJECT SITE IS LOCATED AT 3033 WILLARD AVENUE, IN THE R-2 (LIGHT MULTIPLE RESIDENTIAL) ZONE (APN: 5288-004-062 TO 065). WHEREAS, on April 1, 2010, Ann Chen filed an application to modify the perimeter block wall material previously approved under Tentative Parcel Map 067472 and Zone Variance 05-337, located at 3033 Willard Avenue; and WHEREAS, this property at 3033 Willard Avenue is located in the R-2 (Light Multiple Residential) zone; and WHEREAS, Section 17.16 et seq. of the Rosemead Municipal Code sets standards for development of properties in the R-2 (Light Multiple Residential) zone; and WHEREAS, Sections 66451 et seq of the California Government Code (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, Sections 66473.5 and 66474 of the California Government Code (Map Act) and 16.08 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; • The proposed subdivision will not be contrary to any official plan; • Each proposed Tract conforms in area and dimension to the City codes; • 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 map have been executed and recorded; and MOD 10-01, PC Staff Report May 3, 2010 Page 8 of 14 WHEREAS, Section 17.108.020 sets the following criteria required for granting a variance which states that the granting of a variance shall not: • Constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity; • Be materially detrimental to the public 'health or welfare or injurious to the property or improvements in such zone or vicinity; • Adversely affect the comprehensive general plan; and • That because of special circumstances, the strict enforcement of the code would deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications; and WHEREAS, the Planning Commission has applied the criteria for a subdivision map and for a variance to the applicant's request for modification of the conditions of the subject map and variance; and WHEREAS, on April 22, 2010, fifty (50) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices posted in six (6) public locations and on-site, specifying the availability of the application, plus the date, time and location of the public hearing for Modification 10-01, and on April 23, 2010, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on May 3, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 10-01; 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 Modification 10-01 is Categorically Exempt from environmental review as a Class 3 Exemption pursuant to Section 15303 of the California Environmental Quality Act (CEQA). SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that the modification of the plan does not in any way alter the findings previously made by the Planning Commission to approve Tentative Parcel Map 067472 and Zone Variance 05-337. On August 6, 2007, the Planning Commission determined that the subdivision and zone variance met all the requisite standards set forth. Staff is only applying the requirements for the initial grant of the approval to the applicant's request MOD 10-01, PC Staff Report May 3, 2010 Page 9 of 14 for a modification. The facts do exist to justify approving Modification 10-01 according to the criteria of Section 16.08.130 of the Rosemead Municipal Code as follows: A. The map will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity. FINDING: The parcel map was approved by the Planning Commission on August 6, 2007 and the LA County Department of Public Works has indicated that the parcel map was recorded on September 2, 2009. The modification of the block wall material will not affect the map, and therefore will not be detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity. B. The proposed division will not be contrary to any official plan adopted by the City Council of the City of Rosemead; or to any official policies or standards adopted by the City Council and on file in the office of the City Clerk at or prior to the time of filing of the application hereunder. FINDING: The parcel map was approved by the Planning Commission on August 6, 2007 and the LA County Department of Public Works has indicated that the parcel map was recorded on September 2, 2009. The modification of the block wall material will not affect the subdivision, therefore will not be contrary to any official plan adopted by the City Council of the City of Rosemead; or to any official policies or standards adopted by the City Council and on file in the office of the City Clerk at or prior to the time of filing of the application hereunder. C. Each proposed parcel conforms in area and dimension to the provisions of zoning and subdivision requirements of the City of Rosemead. FINDING: The parcel map was approved by the Planning Commission on August 6, 2007 and the LA County Department of Public Works has indicated that the parcel map was recorded on September 2, 2009. The modification of the block wall will not affect each proposed parcel, therefore each proposed parcel continues to conform in area and dimension to the provisions of zoning and subdivision requirements of the City of Rosemead. D. All streets, alleys and driveways proposed to serve the property have been dedicated or such dedication is not required for the protection of public safety, health and welfare and that such streets, alleys and driveways are of sufficient width, design and construction to preserve the public safety and to provide adequate access and circulation for vehicular and pedestrian traffic. FINDING: The parcel map was approved by the Planning Commission on August 6, 2007 and the LA County Department of Public Works has indicated that the parcel map was recorded on September 2, 2009. The modification of the block wall will MOD 10-01, PC Staff Report May 3, 2010 Page 10 of 14 not the adjacent right-of-way and private common driveway, therefore would not affect the public safety, adequate access, or circulation for vehicular and pedestrian traffic. E. Alley easements and covenants required for the approval of the tentative map or plot plan have been duly executed and recorded. FINDING: The parcel map was approved by the Planning Commission on August 6, 2007 and the LA County Department of Public Works has indicated that the parcel map was recorded on September 2, 2009. The modification of the block wall will not affect the execution or recordation of alley easements and covenants required for the approval of the tentative map or plot plan. Zone Variance Section 17.108.020 sets criteria required for granting such a variance. If one of these criteria cannot be met, then the variance may not be granted. On August 6, 2007, the Planning Commission determined that the zone variance met all the requisite standards required by Section 17.108.020 of the RMC. Staff is only applying the requirements for the initial grant of the approval to the applicant's request for a modification. These criteria require that granting such a variance will not: A. Constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity. FINDING: The zone variance was approved by the Planning Commission on August 6, 2007 for less than required lot area (Lot 1). The modification of the block wall will not affect the zone variance. Therefore, it will not constitute a grant of special privilege to the property owner. B. The project will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. FINDING: The zone variance was approved by the Planning Commission on August 6, 2007 for less than required lot area (Lot 1). The modification of the block wall will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The applicant is proposing stuccoed block wall which will be compatible with the architectural style of the new homes under construction. C. The project will not adversely affect the comprehensive General Plan. FINDING: The zone variance was approved by the Planning Commission on August 6, 2007 for less than required lot area (Lot 1). The modification of the block wall MOD 10-01, PC Staff Report May 3, 2010 Paoe 11 of 14 will not affect the subdivision project, therefore will not adversely affect the comprehensive General Plan. D. That because of special circumstances, the strict enforcement of the code would deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classification. FINDING: The zone variance was approved by the Planning Commission on August 6, 2007 for less than required lot area (Lot 1). The modification of the block wall will not deprive the subject property of privileges enjoyed by other properties in the vicinity. Section 17.20.170 of the RMC sets regulations and allows the installation of fences, walls and hedges in the R-2 zone. SECTION 3. The Planning Commission HEREBY APPROVES Modification 10- 01 to modify the perimeter block wall material previously approved under Tentative Parcel Map 067472 and Zone Variance 05-337 from split face block wall to precision block wall that is stuccoed and painted to match the exterior of the buildings, located at 3033 Willard Avenue, subject to the 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 May 3, 2010, by the following vote: YES: NO: ABSENT: ABSTAIN: 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 3rd day of May, 2010. Diana Herrerra, Chairwoman MOD 10-01, PC Staff Report May 3, 2010 Page 12 of 14 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 this 3'd day of May, 2010, by the following vote: YES: NO: ABSENT: ABSTAIN: Stan Wong, Secretary EXHIBIT "B" MODIFICATION 10-01 (TENTATIVE PARCEL MAP 067472 ANDZONE VARIANCE 05-337) 3033 WILLARD AVENUE CONDITIONS OF APPROVAL May 3, 2010 MOD 10-01, PC Staff Report May 3, 2010 Pape 13 of 14 1. Modification 10-01 shall be in compliance and remain in compliance with all Conditions of Approval for Tentative Parcel Map 067472 and Zone Variance 05- 337, except Condition of Approval No. 25, in addition to the Conditions of Approval for Modification 10-01. 2. Modification 10-01 is approved for the modification of the perimeter block wall material from split face block wall to precision block wall that is stuccoed and painted to match the exterior of the buildings. 3. Approval of Modification 10-01 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. 4. Modification 10-01 is approved for a period of six (6) months.. The applicant shall commence the proposed use or request an extension within 30-calendar days prior to expiration. The six (6) months 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 Divisions, so long as the project is not abandoned. If the Modification 10-01 has been unused, abandoned or discontinued for a period of six (6) months it shall become null and void. 5. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved Plans where necessary. 6. Modification 10-01 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 Modification 10-01. 7. 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. MOD 10-01, PC Staff Report May 3, 2010 Page 14 of 14 8. 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 05-1015 (Modification). 9. Violation of the conditions of approval may result in citation and/or initiation of revocation proceedings. 3-2-2010 To : Rosemead City Planning Department Ref.: 3033 Willard Ave. Rosemead. Block Wall My name is Ann Chen, the property owner of the 3033 Willard Ave. Rosemead. The purpose of this letter is in regards to the block wall of these properties. As you may know, the cost of a regular block wall is $45,000.00 while the cost of a split face block wall is $77,000.00, a difference of $32,000.00. Since the construction of these four houses turned out to be well over one million dollars, and the bad US economic effecting the real estate market, the split face block wall comes as an unexpected burden, pushing us over our budget. We are now unable to afford the cost of a split face block wall and so we ask that the city planning department allow us to build a regular block wall with stucco finish to match the house, they will look even better because the color match the house and texture in softer. Your consideration of this matter is greatly appreciated. Best regards, Ann Chen EXHIBIT D ADDI/T'IONAL 'WORK AUTHORIZATION L G ~J U I LiJ%= i`~. rr:i\Y ~ (6 c Se~ ~ Oriqinal Job Information: CHANGE ORDE.R4 G 2 DATE G /i6l/U CUSTOMER NAME f=~/ 142\/-J~J Y. STREE 3 iJl./~LC.I i./~. clrr Ds' srnr /IR J j 7 7` JOB NAME n, r LOCATION ' r JOB/CONTRACT 4 DATE i We hereby submit the following specifically described additional work: r/:,~ VV 7-14 Ucco cbj(00 SF4M Tl'z ` ; L rr.;:r%---- - C~CC~m~ i l='Gocl; t;rr~T-c:L. S h4'f F/'.r ~ fS r-~i~~•~ ~ i,~?ZU ~r~ r-~ 17/ (,10 0 - I Additional charge for above described work is: $ Dollars with payments to be made as follows: Additional work to be performed under same conditions as specified in original contract unless otherwise stipulated. We propose hereby to furnish material and labor - complete in accordance with these specifications at above stated price. Respectfully submitted ACCEPTANCE OF ADDITIONAL WORK The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Date of Acceptance - Signature &.NCSaza ADDITIONAL WORK AUTHORIZATION EXHIBIT E