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PC - 2010-14 - Approving Design Review 08-08 and Zone Variance 10-01 for the Construction of a Six Unit apartment Buidling with a Driveway width of less than 26 Feet at 9349 Ramona Blvd in teh PO-D ZonePC RESOLUTION 10-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 08-08 AND ZONE VARIANCE 10-01 FOR THE CONSTRUCTION OF A SIX UNIT APARTMENT BUILDING WITH A DRIVEWAY WIDTH OF LESS THAN 26 FEET AT 9349 RAMONA BOULEVARD IN THE PO-D (PROFESSIONAL OFFICE WITH A DESIGN OVERLAY) ZONE (APN: 8594-028-013). WHEREAS, on November 17, 2008, Alex Ma filed an application to construct a new six unit apartment building, located at 9655 Valley Boulevard; and WHEREAS, 9349 Ramona Boulevard is located in the PO-D (Professional Office with a Design Overlay) zoning district, which allows the development of multiple family residences; and WHEREAS, Section 17.72.050 of the Rosemead Municipal Code provides the purpose and criteria for a Design Review; Section 17.108.020 of the Rosemead municipal Code provides the purpose and criteria for Zone Variance approval; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Sections 17.72.050 and 17.108.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny Design Review and Zone Variance applications, respectively; and WHEREAS, on April 9, 2010, forty-one (41) notices were sent to property owners within a 300-foot radius from the subject property and notice was published in the San Gabriel Valley Tribune, 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 Design Review 08-08 and Zone Variance 10-01; and WHEREAS, on April 19, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 08-08 and Zone Variance 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 Design Review 08-08 is classified as a Class 3 Categorical Exemption pursuant to Section 15303 of CEQA guidelines. Section 15303 of the California Environmental Quality Act exempts apartments designed for not more than six dwelling units on any legal parcel in an urban area SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 08-08 in accordance with Section 17.72.030 et seq., of the Rosemead Municipal Code as follows: A. The plans indicate proper consideration for the relationship between the proposed building and site developments that exist or have been approved for the general neighborhood; FINDING: Surrounding uses on Ramona Boulevard include several attached multi-unit developments similar to the proposed project. The 1-10 Freeway is located immediately to the south of the property. The height and mass of the proposed project is similar to other residential developments on Ramona Boulevard. The project complies with the variable height limits and has been designed to be sensitive to the single-family units to the north. B. The plan for the proposed building 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. FINDING: Conditions of approval have been incorporated to eliminate any adverse effects on the environment as a result of the proposed project. Factors such as noise, construction hours, screening of mechanical equipment, landscaping, and the overall maintenance of the property have been addressed in the conditions. C. 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; FINDING: The proposed use is consistent with surrounding uses and staff has worked with the project architect in the design of the building to ensure an aesthetically attractive project. Architectural elements such as shutters and window trims have been added to the design of the proposed development. In addition, the project will include new landscaping and fencing. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in 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. FINDING: The proposed use is residential. All immediately surrounding land uses are residential in nature. The existing use on the subject property is single-family residential and properties along Ramona Boulevard are developed with multi-family developments. E. 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. FINDING: The property is located in the PO-D (Professional Office with a Design Overlay) zone. The PO zone allows for uses permitted in the R-3 (Medium Multiple Residential) zone. The proposed project will be developed in accordance with the standards of the R-3 zone, with the exception of driveway width for which a Zone Variance is being requested. The proposed project is in conformity with the land use designation of the General Plan. F. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaries, and other site feature 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. FINDING: The proposed project meets all the requirements of the R-3 (Medium Multiple Residential) zone including height, setbacks, parking, and open space requirements, with the exception of driveway width for which a Zone Variance is being requested. The facade of the proposed development includes architectural elements such as scoring lines, raised molding, wood window accents, shutters, and balconies. New landscaping is proposed for the entire front yard area and along the west property line. SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Zone Variance 10-01 in accordance. with Section 17.108.020 et seq., of the Rosemead Municipal Code as follows: A. The variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is located; FINDING: This proposal will not be detrimental to the existing neighborhood and will not be the granting of a special privilege to the property owner inconsistent from other properties in the neighborhood. This project is consistent with the construction of multiple-family residential projects currently developed in the neighborhood. The request for a Zone Variance is due to the narrow width of the property in comparison to other properties on Ramona Boulevard. There is no minimum lot width requirement in the PO-D or R-3 zone. Thus any legally created lot can be developed if all development standards applicable to the zone can be complied with. Additionally, as is more fully described below in Finding C, the subject property is a much narrower lot than others on Ramona Boulevard. The narrow lot width, compared to other properties in the area, combined with side yard setback and other development standards creates practical difficulties for the construction of a project on a 50-foot wide lot which meets driveway width requirements while also complying with side yard setback requirements. B. The granting of such variance will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity in which the property is located; FINDING: The Los Angeles County Fire Department has reviewed and approved the plans for Fire Department emergency vehicle access requirements. Thus, the reduced driveway width will not impair emergency response. The proposed driveway complies with City standards for turning radii. Consequently, even though the driveway is only twenty (20) feet wide in places instead of the minimum required twenty- six (26) feet, vehicles will still be able to maneuver safely and efficiently in the driveway and will be able to access all parking spaces without the need for three-point turns. Additionally, the width of the driveway will have no impact on vehicle movement on the public streets because there is a security gate at the driveway entrance that will control ingress and egress to and from the site. The width of the driveway is not a controlling factor for potential impacts on the public right-of-way. The driveway width only affects on-site circulation. Therefore, while the driveway does not fully comply with the RMC, it will operate adequately and not be detrimental to the public health or welfare or injurious to the property or improvements in the zone or vicinity. C. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict enforcement of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications; and FINDING: Staff surveyed the residences within this neighborhood, and found that the majority of the lots are wider than the subject property. The average width of all lots on Ramona Boulevard is 82 feet. The average width for those lots that have been developed with multiple-family dwellings is approximately 109 feet. The larger width of these lots has made it possible to construct 26-foot wide driveways. Since the lot width for the proposed project is much narrower than the average developed lot on the block, the size of the lot presents unique challenges that make compliance with the RMC driveway width a hardship. The RMC requires ten (10) foot side yard setbacks. Additionally, the variable height limit requirement also sets limitations on the placement of the building. Strict enforcement of the Zoning Code would result in a building width of fourteen (14) feet, which is extraordinarily narrow and limiting. Therefore, the size and shape of the lot provide the special circumstances that make strict enforcement of the RMC a practical hardship on this property that is not found on other properties in the vicinity or in the same zone. D. Granting of such variance will not adversely affect the comprehensive general plan. FINDING: Not only will the General Plan not be adversely affected, the Land Use Element of the General Plan designates the subject property as High Density Residential and the proposed project is consistent in all ways with the Land Use Element and the General Plan. The project will provide 19.81 units per acre, which is consistent with the High Density Residential land use limitation of 30 units per acre for multiple family residential developments. The only project issue is the driveway width, and that alone is the basis for the variance sought. SECTION 4. The Planning Commission HEREBY APPROVES Design Review 08-08, for the construction of a six (6) unit apartment building and Zone Variance 10-01 for a driveway width less than twenty-six (26) feet at 9349 Ramona Boulevard, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 5. 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 Article IX - Planning and Zoning of the Rosemead Municipal Code. SECTION 6. This resolution is the result of an action taken by the Planning Commission on April 19, 2010 by the following vote: YES: ALARCON, ENG, HERRERA, RUIZ NO: HUNTER ABSENT: NONE ABSTAIN: NONE SECTION 7. 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 19th day f A '12010 Diana Herrera, Chairwoman 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 19th day of April, 2010, by the following vote: YES: ALARCON, ENG, HERRERA, RUIZ NO: HUNTER ABSENT: NONE ABSTAIN: NONE S an Wong, S retary EXHIBIT "B" DESIGN REVIEW 08-08 ZONE VARIANCE 10-01 9349 RAMONA BOULEVARD (APN: 8594-028-013) CONDITIONS OF APPROVAL April 19, 2010 1. Design Review 08-08 and Zone Variance 10-01 is approved for the construction of a new six (6) unit apartment building with a driveway width of less than 26 feet to be developed in accordance with the plans marked Exhibit "C", dated March 29, 2010. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. Approval of Design Review 08-08 and Zone Variance 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. 3. Design Review 08-08 and Zone Variance 10-01 is approved for a period of one (1) year. The applicant shall commence the proposed use 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 Divisions, so long as the project is not abandoned. If Design Review 08-08 and Zone Variance 10-01 have been unused, abandoned or discontinued for a period of one (1) year it 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. Design Review 08-08 and Zone Variance 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 Design Review 08-08. 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. Prior to the issuance of a Building Permit, 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 federal holidays. 11. 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. All trash containers shall be stored in the appropriate trash enclosure at all times. Any new litter and graffiti shall be removed within twenty-four (24) hours. 12. The following conditions must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 13. 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. 14. All requirements of the Building and Safety Division and the Planning Division shall be complied with prior to the final approval of the proposed construction. 15. The Planning staff shall have access to the subject property at any time during construction to monitor progress. 16. Applicant shall obtain a public works permit for all work in or adjacent to the public right-of-way. 17. The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within twenty-four (24) hours. A 24-hour, Graffiti Hotline can be called at (626) 569-2345 for assistance. 18. The parking area, including handicapped spaces, shall be paved and re-painted periodically to 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. Such striping shall be maintained in a clear, visible, and orderly manner. 19. All open area not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 20. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. 21. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 22. Prior to issuance of building permits, a detailed landscape and irrigation plan shall be submitted to the Planning Department for review and approval. Said landscape plan shall reflect preliminary approval by the Planning Commission of landscape/site plan, referred to as Exhibit "C." The Irrigation plan shall include automatic timers and rain sensors. All landscaping and irrigation shall be installed and completed prior to final Planning Department approval. 23. A permanent maintenance program of all landscaping shall be provided insuring regular irrigation, fertilization and weed abatement. 24. The construction drawings for the apartment buildings shall be prepared in accordance with the State of California Uniform Building Code, which specifies that the indoor noise levels for residential living spaces not exceed 45 Ldn due to the combined effect of all noise sources must be enforced. 25. 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 Director of Planning prior to installation. 26. The developer shall submit a detailed grading plan to the Planning Department for review and approval prior to submittal of construction drawings. Said grading plan shall indicate the heights of all perimeter walls and the location of all exterior stairways. 27. A detail of all proposed exterior freestanding lighting standards and wall lights shall be submitted to the Planning Department for review, prior to installation. All lighting shall be designed in a manner that minimizes off-site glare or illumination onto adjacent properties. 28. The developer shall submit a detailed wall plan for review and approval prior to the submittal of construction plans. Said wall plan shall indicate the heights and materials of all proposed walls. Walls shall not exceed a height of six feet. 29. Prior to the issuance of building permits, the developer shall provide a courtesy notice of the start of construction to the occupants of abutting properties and provide a copy of the notice to the Planning Division. 30. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10-day appeal period of Design Review 08-08 and Zone Variance 10-01. 31. Prior to the issuance of a building permit, signs shall be posted in the driveway/fire, subject to approval of the Los Angeles County Fire Department, to indicate that "No Parking" is allowed in the driveway/fire lane. (Added by the Planning Commission on April 19, 2010). 32. Prior to the issuance of a Certificate of Occupancy, the developer shall install a Knox Box on the driveway gate. The Knox Box shall be installed in an accessible location approved by the Los Angeles County Fire Department and Sheriffs Department. (Added by the Planning Commission on April 19, 2010). 33. The developer shall be prohibited from using a chain or other similar locking mechanism on the driveway gate that would interfere with emergency access through the driveway gate. (Added by the Planning Commission on April 19, 2010). 34. All ground level or roof-top mechanical equipment/utility equipment (including meters, backflow prevention devices, fire valves, air conditioning/heating equipment, and other equipment) shall be screened from view from the public right-of-way by screening walls and/or landscaping to the satisfaction of the Planning Division. (Added by the Planning Commission on April 19, 2010). 35. Prior to the issuance of a building permit, the plans shall be revised to replace the asphalt shingle roof material with concrete tile. The color and material of the concrete tile must be compatible with the building design and shall be subject to the review and approval of the Planning Division. (Added by the Planning Commission on April 19, 2010).