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PC - 2010-37 - Approving Tentative Parcel 071253 and Desing Review 10-02 at 3333 Delta AvenuePC RESOLUTION 10 -37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING TENTATIVE PARCEL MAP 071253 AND DESIGN REVIEW 10 -02 REQUESTING TO SUBDIVIDE ONE (1) EXISTING PARCEL INTO TWO (2) PARCELS FOR THE DEVELOPMENT OF ONE (1) NEW SINGLE - FAMILY HOME WITH 3,028 SQUARE FEET OF LIVING AREA ON LOT 2. AN EXISTING HOME ON ONE LOT 1 WILL BE IMPROVED WITH A 406 SQUARE -FOOT ADDITION, TOTALING THE LIVING AREA TO 2,248 SQUARE FEET. THE SUBJECT PROPERTY IS LOCATED AT 3333 DELTA AVENUE IN THE R -2 (LIGHT MULTIPLE RESIDENTIAL) ZONE (APN 5288 - 019 -013). WHEREAS, on May 17, 2010, Peter Ung filed an application for a Tentative Parcel Map 071253 and a Design Review 10 -02, proposing to subdivide one (1) existing parcel into two (2) parcels for the development of one new single - family home. An existing home on one parcel will be improved; and WHEREAS, this property at 3333 Delta Avenue is located in the R -2 (Light Multiple Residential) zone; and WHEREAS, Sections 66473.5 and 66474 of the California Government Code (Map Act) and 16.08.130 of the Rosemead Municipal Code specify the 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 parcel 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, 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, on December 9, 2010, public hearing notices were posted in six (6) public locations and sixty -two (62) 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 Tentative Parcel Map 071253 and Design Review 4 10 -02, and on December 10, 2010, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on December 20, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Tentative Parcel Map 071253 and Design Review 10 -02; 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 Tentative Parcel Map 071253 and Design Review 10 -02 are Categorically Exempt under Section 15315 of the California Environmental Quality Act (CEQA) guidelines where the project is a minor land division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels meeting local standards are available or will be provided as needed, the parcel was not involved in a division of a larger parcel within the previous two (2) years, and the parcel does not have an average slope greater than 20 percent. Accordingly, Tentative Parcel Map 071253 and Design Review 10 -02 are classified as a Class 15 Categorical Exemption pursuant to Section 15315 of CEQA guidelines. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Tentative Parcel Map 071253; according to the criteria of Section 16.08.130 of the Rosemead Municipal Code as follows: A. The proposed division will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity; FINDING: The large size and depth of the subject lot would allow the lot to be subdivided and developed with a new single - family residence and an existing single - family residence without creating detrimental visual or privacy impacts to the surrounding parcels. The project site is located within a Medium Density Residential General Plan designation and Zoning district. The subdivision is designed within the parameters of the Medium Density Residential limitation of 0 -12 units per acre. The homes are being built within the adopted development standards of the R -2 (Light Multiple Residential) zone and are not anticipated to be detrimental to the public welfare. 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 site is designated for the proper land use designation to permit such a development. The minimum lot area in the R -2 (Light Multiple Residential) zone is 6,000 square feet with not less than 4,500 square feet of lot area per dwelling unit. The proposed parcels and residential units meet the required parcel size standards. C. Each proposed parcel conforms in area and dimension to the provisions of zoning and subdivision requirements of the City of Rosemead. FINDING: The proposed lots meet the minimum requirements for two -lot subdivisions. According to Section 17.16.080 of the Rosemead Municipal Code, the lot area minimum is 6,000 square feet with not less than 4,500 square feet of lot area per dwelling unit. The proposed project complies with these requirements. Each lot has a width of 50' -0" and a depth of 175' -0" for a total lot area of approximately 8,750 square feet. 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 City Engineer has reviewed this proposed subdivision relative to the adjacent right of way. Access to the proposed parcels is from Delta Avenue, which is a fully improved public local street. Based on this review, it is determined that the design and construction of this project would preserve the public safety and provide adequate access and circulation for vehicular and pedestrian traffic. All necessary public improvements will be made prior to the proposed construction. These improvements will be constructed within the Delta Avenue right -of -way when developed. E. Alley easements and covenants required for the approval of the Tentative Map or plot have been duly executed and recorded. FINDING: The proposed subdivision will create two (2) conventional lots with two (2) separate driveways. Both lots are accessed from Delta Avenue and there are no alleys abutting the project site. SECTION 3 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 10 -02 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: The proposed development of a new single - family residence is located within an established residential area in the City. The applicant has provided an aesthetically complementary design that will create new single - family housing in the City. The new single - family residential development will improve the overall aesthetics of the neighborhood. In addition, the new development will have similar setbacks and heights as homes in the surrounding area. 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. This development will not generate any permanent impacts to noise levels for the surrounding area. All construction work will be required to comply with the timeframe, and decibel levels indicated in the City's Noise Ordinance (Ordinance 478 and 541). Conditions of approval will specifically address factors such as noise, construction hours, landscaping, and the overall maintenance of the property. 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 development of a new single - family residence will improve the physical appearance of the existing site. Staff has worked closely with the applicant to achieve a home design that will complement the neighborhood character. The applicant has proposed a contemporary architectural design, which incorporates some traditional characteristics found in homes currently being built in the San Gabriel Valley. The new single - family residence has been designed to create visual interest at the street level. The proposed design elements include stucco, precast stucco molding, stone veneer, and concrete roof tile, which are elements found on many homes in the surrounding area. 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 property is not part of the Civic Center Plan, precise plan or land reserved for public or educational use, so there is no special need to create harmony with the general area. Notwithstanding this, the approved design will create a development that is aesthetically complementary to the surrounding area and which will enhance land values in the general area. This is due to utilizing higher quality materials and a design that blends better with the area. The size, mass, setbacks and landscaping will also be complementary with homes in the surrounding area. 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: This proposed development meets all of the minimum code requirements for the R -2 (Light Multiple Residential) zone, and all applicable referenced code sections of the Rosemead Municipal Code. 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: Access to the lot will be located from Delta Avenue via a 11' -9" driveway for ingress and egress. The design and construction of this project would preserve the public safety and provide adequate access and circulation for vehicular and pedestrian traffic. The new development will greatly improve the visual appearance of the site from the view of the public streets, primarily Delta Avenue. SECTION 4 . The Planning Commission HEREBY APPROVES Tentative Parcel Map 071253 and Design Review 10 -02 to allow the subdivision of one (1) existing lot into two (2) lots for development of one new single - family residence with 3,028 square feet of living area on Lot 2. An existing home on Lot 1 will be improved with a 406 square -foot addition, totaling the living area to 2,248 square feet with 2,248 square feet. The property is located at 3333 Delta Avenue. The subject development shall fully comply with the conditions listed in Exhibit "B," attached hereto and incorporated herein by reference. SECTION 5 . This resolution is the result of an action taken by the Planning Commission on December 20, 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 20 day of December, 2010. V , ,����17 a William Alarcon, Chair man 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 20 day of December, 2010, by the following vote: YES: ALARCON, ENG, HERRERA, HUNTER AND RUIZ NO: NONE ABSENT: NONE ABSTAIN: NONE A Stan Wong! Secretary EXHIBIT "B" TENTATIVE PARCEL MAP 071253 AND DESIGN REVIEW 10 -02 CONDITIONS OF APPROVAL DECEMBER 20, 2010 1. Tentative Parcel Map 071253 and Design Review 10 -02 is approved for the subdivision of one (1) existing lot into two (2) lots for development of one new one new single - family residence on Lot 2 and an improved existing home on Lot 1, to be developed in accordance with the Tentative Parcel Map and architectural plans marked Exhibit "C" dated December 8, 2010, and submitted colored elevations and color and material sample boards. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of Tentative Parcel Map 071253 and Design Review 10 -02 shall not take effect for any purpose until the applicant has filed with the City of Rosemead an affidavit stating that they are aware of and accept all of the conditions set forth in the letter of approval and this list of conditions. 3. Conditions of approval listed on Exhibit "B" shall be copied directly onto final development plans submitted to the Planning and Building Division for review. 4. Tentative Parcel Map 071253 and Design Review 10 -02 are approved for a two - year period. The applicant shall commence the proposed use or request an extension within 30- calendar days prior to expiration. The two (2) years 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 Tentative Parcel Map 071253 and Design Review 10 -02 have been unused, abandoned or discontinued for a period of two (2) years, it shall become null and void. 5. 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. 6. 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. 7. Tentative Parcel Map 071253 and Design Review 10 -02 are granted or approved with the City of Rosemead and its Planning Commission 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 Tentative Parcel Map 071253 and Design Review 10 -02. 8. Each 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 aside, 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. 9. Prior to issuance of building permits, all school fees shall be paid. The applicant shall provide the City with written verification of compliance from the Unified School District. 10.The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday Saturday. No construction shall take place on Sundays or on any Federal holidays without prior approval by the City. 11. Planning staff shall have access to the subject property at any time during construction to monitor progress. 12.Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 13.The on -site public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Tentative Parcel Map 071253 and Design Review 10 -02. 14. 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. 15. Driveways and parking areas shall be surfaced and improved with 4 inches of asphalt concrete over 4 inch -base material crushed aggregate or 6 inches of concrete, the layout shall be as shown on Exhibit "C; and thereafter maintained in good serviceable condition. 16.All ground level mechanical /utility equipment (including meters, back flow preservation 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. Said screening shall be approved by the City Planner before installation. 17. No portion of any required front and /or side yards shall be used for storage of any type. 18.The numbers of the address signs shall be at least 4" tall with a minimum character width of 1/4 ", contrasting in color and easily visible at driver's level from the street. 19.Applicant shall obtain an encroachment permit for all work in the public right of way. 20.Applicant shall install and complete all necessary public improvements, including but not limited to street, curbs, gutters, sidewalks, handicap ramps, and storm drains, along the entire street frontage of the development site as required by the City Planner. 21.The dwelling unit shall be provided with water conservation fixtures such as low flush toilets and low flow faucets. The hot water heater and lines shall be insulated. Landscaping irrigation systems shall be designed for high efficiency and irrigation timers programmed for maximized water usage. 22.All requirements of the Building and Safety Division and Planning Division shall be complied with prior to the final approval of the proposed construction. 23.The applicant 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. The landscape plan shall include a wide variety colorful and drought tolerant trees, shrubs, flowers and ground covers. All landscaping and irrigation shall be installed and completed prior to final Planning Division approval. 24.On Lot 1, a minimum of one (1) 24" box trees (non- deciduous, evergreen shade trees) shall be planted in the front yard and side yard. On Lot 2, two (2) 24" box trees (non- deciduous, evergreen shade trees) shall be planted in the front yard 25. Prior to issuance of Building permits, a detailed fence plan shall be submitted to the Planning Division for review and approval. The perimeter walls surrounding the development shall be constructed of decorative slump stone, decorative split - faced block, or concrete block that is stuccoed and painted to match the exterior of the buildings. The perimeter walls located in the rear or side yards shall not exceed a height of six (6) feet and the perimeter walls located in the front yard shall not exceed a height of four (4) feet. 26. Vine pockets shall be installed along the driveway of Lot 1 and Lot 2 to soften the appearance of walls. 27.Along the driveway of Lot 1 and Lot 2, a series of stamped, colored concrete bands shall be incorporated with a minimum depth of 12 feet. The bands shall be a natural earth toned color. 28.Violation of the conditions of approval may result in citation and /or initiation of revocation proceedings. 29. The existing house presently located at the rear of Lot 2 shall be demolished and the proposed improvements (the house addition and the new 2 -car garage) for Lot 1 shall be constructed prior to final map approval (Added by the Planning Commission on December 20, 2010). 30.AII landscaping shall be installed for the subdivision prior to the issuance of building occupancy permit for Lot 2. (Added by the Planning Commission on December 20, 2010). CITY ENGINEER'S RECOMMENDED CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 071253 3333 Delta Ave., Rosemead, Ca. 91770 GENERAL 1. Details shown on the tentative map are not necessarily approved. Any details which are inconsistent with requirements of ordinances, general conditions of approval, or City Engineer's policies must be specifically approved in the final map or improvement plan approvals. 2. A final parcel map prepared by, or under the direction of a Registered Civil Engineer authorized to practice land surveying, or a Lioensed Land Surveyor, must be processed through the City Engineer's office prior to being filed with the County Recorder. 3. A preliminary subdivision guarantee Is required showing all fee interest holders and encumbrances. An updated title report shall be provided before the final parcel map is released for filing with the County Recorder. 4. The final parcel map shall be based on a field survey, and monuments shall be set to permanently mark parcel map boundaries, street center lines and lot boundaries to the satisfaction of the City Engineer. The basis of bearing used for the field survey required for the final map shall include two survey well monuments found or set. The City Engineer may waive this requirement upon petition should this be impractical. Well monuments shall be set in accordanoe with standard plan No. S08 -001, If required. 5. Final parcel map shall be filed with the County Recorder and one (1) mylar copy of filed map shall be submitted to the City Engineer's office. Prior to the release of the final map by the City, a refundable deposit in the amount of $1,000 shall be submitted by the developer to the City, which will be refunded upon receipt of the mylar copy of the filed map. 6. Comply with all requirements of the Subdivision Map Act. 7. Approval for filling of this land division is contingent upon approval of plans and specifications mentioned below. If the improvements are not installed prior to the filing of this division, the developer must submit an Undertaking Agreement and a Faithful Performance and Labor and Materials Bond in the amount estimated by the City Engineer guaranteeing the installation of the improvements. 8. The City reserves the right to impose any new plan check and/or permit fees approved by City Council subsequent to tentative approval of this map. DRAINAGE AND GRADING 9. Prior to the recordation of the final map, grading and drainage plans must be approved to provide for contributory drainage from adjoining properties as approved by the City Engineer, including dedication of the necessary easements. 10. A grading and drainage plan must provide for each lot having an independent drainage system to the public street, to a public drainage facility, or by means of an approved drainage easement. 11. Historical or existing storm water flow from adjacent lots must be received and directed by gravity to the public street, to a public drainage facility, or an approved drainage easement. 12. Developer must comply with the City's storm water ordinance. ROAD 13. New drive approaches shall be constructed at least 3' from any above -ground obstructions in the public right -of -way to the top of "x" or the obstruction shall be relocated. 14. The proposed drive approach shall be at least 12' wide. 15. One 24° box street tree shall be planted within the existing 10' wide parkway within the public right -of -way adjacent to Rose Street to the satisfaction of the City Engineer. 16. All work proposed within the public right -of -way shall require permits from the Public Works Department. SEWER 17. Approval of this land division is contingent upon providing a separate house sewer lateral to serve each lot of the land division. UTILITIES 18. All power, telephone and cable television shall be underground. 19. Any utilities that are in conflict with the development shall be relocated at the developer's expense. WATER 20. Prior to the filing of the final map, then; shall also be filed with the City Engineer, a statement from the water purveyor indicating subdivider complianoe with the Fire Chiefs fire flow requirements.