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PC - 2010-15 - Approving a modification to the perimeter block wall material previously approved under tentative parcel map 067472 and zone variance 05-337 at 3033 Willard Ave - R-2 ZonePC 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 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 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 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 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: ALARCON, ENG, HERRERA, HUNTER AND RUIZ 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 3rd day of May, 2010. . Nana Herrerra, 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 this 3rd day of May, 2010, by the following vote: YES: ALARCON, ENG, HERRERA, HUNTER AND RUIZ NO: NONE ABSENT: NONE ABSTAIN: NONE n Stan WonVSecretary MODIFICATION 10-01 (TENTATIVE PARCEL MAP 067472 ANDZONE VARIANCE 05-337) 3033 WILLARD AVENUE CONDITIONS OF APPROVAL May 3, 2010 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. 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.