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PC - 1993-45 - Granting Approval of Tentative Tract Map 51586PC RESOLUTION 93-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING APPROVAL OF TENTATIVE TRACT MAP 51586, ZONE VARIANCE 93-250 & ZONE CHANGE 93-194 FOR PROPERTY LOCATED AT 7629-37 GRAVES AVENUE, ROSEMEAD. THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Planning Commission of the City of Rosemead does hereby find and determine that an application was duly filed by Rosemead Country Estates to change the underlying zone from R2 (Medium Multiple Residential) to PD in order to develop a 7-unit tract on a site smaller than the prescribed minimum size located at: 7629-37 Graves Avenue, or more specifically known as: A subdivision of Lot 4, Block 3 of Garvey Ranch, in the City of Rosemead, County of Los Angeles, State of California, as per map recorded in Map Book 52, pages 43 and 44 of maps, in the office of the County Recorder of said county and that a public hearing was duly scheduled for June 7, 1993 and continued to June 21, 1993, August 2, 1993 and August 16, 1993, at 7:00 p.m., in the Council Chambers of Rosemead City Hall, 8838 Valley Boulevard, Rosemead, California; and that notice of the time, date, place, and purpose of the aforesaid hearings was duly given according to law; and that public hearings were duly conducted at the aforementioned times and place. Section 2. The Planning Commission further finds and determines that this request is in conformance with the Land Use Element of the General Plan, and; 1. The tentative tract map is consistent with the Land Use Element of the General Plan and all other relevant elements of the General Plan. 2. The design and improvement of the subdivision is consistent with the General Plan. 3. The tentative tract map, upon the granting of Variance No. 93-250 and Zone Change 93-194, meets the requirements of the Rosemead Zoning Ordinance. 4. The site is physically suitable for the development or residential uses and is in keeping with the character of the area as intended by the General Plan. 5. The site is suitable for the proposed density of development. 6. The design of the subdivision is not likely to cause substantial environmental damage. 7. The design of the project is not likely to cause serious public health problems. 8. The design of the subdivision will not conflict with easements acquired by the public at large. 9. Discharge of wastes from the proposed project will not result in the violation of existing requirements as prescribed by the California regional Water Quality Control Board. PC Resolution 93-45 page 2. 10. The subject property is not land subject to contract pursuant to the California Land Conservation Act. il. The design of the subdivision reduces the deficiency in housing allocation as quantified in the City's Housing Element. Section 3. The Planning Commission hereby determines that the project will have no significant adverse effects on the environment, and therefore, a Negative Declaration was prepared, considered by the Planning Commission during the public hearing and hereby adopted with the mitigation measures recommended by staff. Section 4. With respect to the variance to reduce the minimum area for Planned Development (PD) Zoning, the Planning commission finds and determines as follows: 1. The limited size of the subject property (.94 acres) and its irregular shape constitute special circumstances which, absent the granting of the variance, would deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. 2. The granting of the variance is subject to the conditions on Exhibit "A", attached hereto and incorporated herein by this reference. The imposition of these conditions assures that the variance will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated. 3. The granting of this variance does not provide for a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. 4. The variance allows for a subdivision design which will be compatible with the surrounding neighborhood in terms of the orientation of the dwellings and the cul-de-sac street. 5. The granting of the variance will allow the construction of seven (7) new single-family homes, which will reduce the deficiency in housing allocation as quantified in the City's Housing Element. 6. The granting of the variance will not have an adverse effect on surrounding properties because the variance does not allow the project to exceed the density otherwise allowable by the previous zone designation, R-2. The granting of the variance allows for a subdivision design that orients the proposed seven (7) single-family dwellings away from the adjacent homes. Section 5. The Planning Commission hereby grants Zone Variance No. 93-250, subject to the conditions attached hereto as Exhibit A and incorporated herein by this reference. Section 6. The Planning Commission hereby recommends approval of Zone Change 93-194. Section 7. The Planning Commission hereby recommends approval of Tentative Tract Map 51586, subject to the conditions of approval, attached here to as Exhibit A and incorporated herein by this refe rence. Section 8. The secretary shall certify to the adoption of this resolution and transmit copies thereof to the City Clerk of the City of Rosemead. PC Resolution 93-45 page 3. Section 9. This resolution is the result of an action taken by the Planning commission on August 16, 1993, by the following vote: YES: Ruiz, Young, Breen, Ortiz NO: None ABSENT: Lowrey ABSTAIN: None ADOPTED this 7th day of September, 1993. g a%J/~/ ROBERT K. YOUNG, CHAIRMAN R-PM-A Resolution 93-45 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 7th day of September, 1993, by the following vote: YES: Ruiz, Young, Breen, Ortiz NO: None ABSENT: None ABSTAIN: Lowrey DONALD TAGNER, S CRETARY EXHIBIT A TENTATIVE TRACT MAP 51586 ZONE VARIANCE 93-250 ZONE CHANGE 93-194 7629, 7637 GRAVES AVENUE ROSEMEAD COUNTRY ESTATES CONDITIONS OF APPROVAL AUGUST 16, 1993 1. That the property be developed in accordance with Tentative Tract Map 51586, the elevations and floor plans dated 7-27-93, marked Exhibit B, and approved by the Planning Commission on 8-16-93. 2. That the project comply with the conditions as set forth in the City Engineer's report dated 6-7-93, and the Fire Department's recommendations dated 3-16-93. That all conditions shall be completed to the City Engineer's and Director of Planning's satisfaction prior to recordation of the final map. 3. The interior property line of the newly created lots, and where designated by the Director of Planning, the perimeter property line, shall be fenced with a six foot (61) high masonry wall. Said wall shall be installed prior to recordation of the tract map or prior to the time of final building inspection. All masonry walls shall be finished on both sides. No required walls shall extend beyond the front yard setbacks of any of the dwellings. 4. That each newly created lot shall be provided with a 15-gallon tree subject to the approval of the Director of Planning. 5. That all utilities shall be underground including appropriate wiring for Cable Television. The underground conversion of these utilities shall consider all future connections to the satisfaction of the Director of Planning. 6. The existing dwelling shall be boarded until it is demolished. Demolition shall be completed within 90 days of the granting of this tract map. 7. The property shall be kept cleared of weeds, debris and abandoned vehicles, and maintained to the L.A.County Fire and Health codes until it is developed. While vacant or under construction, it shall be surrounded by a six-foot chain link fence to prohibit traspassing and/or dumping activity. 8. A covenant shall be prepared and approved by the City Attorney assuring that the private street shall be continually maintained and that any costs associated with such maintenance shall be equally shared by these lots in accordance with Section 9104.21(I)(5)(g). This covenant shall be recorded prior to or in conjunction with the final tract map. 9. This map shall be finaled and recorded within two (2) years of tentative approval. Failure to do so may result in the map's expiration and the need for another tentative map application. Any request for extension must be submitted, in writing, together with ten (10) copies of the map and corresponding plans, to the Planning Department before the expiration date. 10. The conditions listed on this Exhibit shall be copied directly onto development plans submitted to the Planning and Building Departments for review.