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PC - 2011-11 - Approving Tentative Parcel Map 71692 to Subdivide One Exsiting Parcel at 8929 Emerson PlacePC RESOLUTION 11 -11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING TENTATIVE PARCEL MAP 71692 TO SUBDIVIDE ONE EXISTING PARCEL INTO THREE PARCELS. THE SUBJECT PROPERTY IS LOCATED AT 8929 EMERSON PLACE IN THE R -1 (SINGLE- FAMILY RESIDENTIAL) ZONE (APN: 5289 -017 -047). WHEREAS, on April 8, 2010, Charles Tran & Duc Tran filed an application for a Tentative Parcel Map, proposing to subdivide one existing parcel into three parcels; and WHEREAS, 8929 Emerson Place is located in the R -1 (Single - Family 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, Section 66474 et seq of the Subdivision Map Act for the approval of a Tentative Parcel Map, City of Rosemead Ordinance No. 901 requires additional necessary findings for approval of Flag Lot subdivisions. 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 July 7, 2011, seventy -three (73) 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 71692, and on July 8, 2011, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on July 18, 2011, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Tentative Parcel Map 71692; 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 71692 is 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 71692 is classified as a Class 15 Categorical Exemption pursuant to Section 15315 of CEQA. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Tentative Parcel Map 7692, 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 new single - family residences without creating detrimental visual or privacy impacts to the surrounding parcels. The project site is located within a low density residential General Plan designation and Zoning district. The subdivision is designed within the parameters of the low density definition of 0 -7 units per acre with approximately 6.56 units per acre. The homes will be built within the adopted development standards of the R -1 (Single - Family 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 R -1 zone allows for residential uses at a density of one (1) unit for each 6,000 square feet of lot area. The proposed parcels and residential units meet the required parcel size standards. The proposed front lot (Lot 1) will have a total lot area of 6,310 square feet. Lot 2 will have a net lot area of 5,087.25 square feet and a gross lot area of 6,917.5 square feet. Lot 3 will have a net lot area of 5,083.75 square feet and a gross lot area of 6,692.5 square feet. 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 flag lots and conventional lot dimensions comply with the minimum requirements for both flag lot and conventional lot subdivisions. According to Section 17.16.080 of the Rosemead Municipal Code a conventional lot shall have a minimum lot area of 6,000 square feet. Section 17.16.140 of the Rosemead Municipal Code requires flag lots to have a minimum developable lot area of 5,000 square feet, exclusive of vehicle access leg or common driveway access easements. The proposed conventional lot, Lot 1, will have a total lot area of 6,000 square feet. The proposed flag lots, Parcel 2, will have a developable lot area of 5,087.25 square feet and Parcel 3 will have 5,083.75 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 provided from Emerson Place, 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 with the dedication of a 20 foot wide by 30 -foot long Fire Department turnaround. This dedication will be constructed like a public alley with radial curb returns and handicap accessible sidewalk ramps adjacent to the driveway 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 one (1) conventional lot and two (2) flags lots with two (2) separate driveways. The conventional lot (Lot 1) has been developed with a private driveway for vehicular access, and Lots 2 and 3 will be served by a separate, shared common driveway measuring 18 -20 feet wide adjacent to Lot 1 and 20 feet wide adjacent to Lots 2 and 3. Both driveways will be accessed from Emerson Place. Prior to the recordation of the final map, the applicant will be required to record a covenant for ingress and egress, fire lane, and maintenance of the shared common driveway that serves Lots 2 and 3. SECTION 3 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Tentative Parcel Map 71692, according to the criteria of Section 66474 et seq of the Subdivision Map Act and City of Rosemead Ordinance No. 901, as follows: A. That the design is justified by topographic conditions or the size and shape of the property prohibits conventional lot division practices. FINDING: The subject lot is narrow and deep, measuring at 83.00' X 240.00', which does not allow for conventional 50' wide lot subdivisions. B. That the proposed Flag Lot division is not so at variance with the existing neighborhood pattern or development as to create detrimental visual or privacy impacts. FINDING: Staff has worked closely with the designer in designing a project that will not create detrimental visual or privacy impacts. Block walls will be installed along the existing and proposed property lines of each lot. Staff has incorporated conditions of approval to assure that all proposed residential development will conform to building orientation and setback requirements of the Rosemead Municipal Code. In addition, there are nine (9) existing flag lot subdivisions within 300 -feet from the subject site, including the lot abutting the property to the east. Therefore, the proposed subdivision is consistent with the established neighborhood pattern of development. SECTION 4 . The Planning Commission HEREBY APPROVES Tentative Parcel Map 71692 to allow the subdivision of one (1) existing lot into three (3) lots. 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 July 18, 2011, by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ, SACCARO 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 18th day of July, 2011. /V Nancy E , Cha oman APPROVED AS TO FORM: G Tegory M. Murphy, C - � ommission Attorney Burke, Williams & Sorensen, LLP 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 18th day of July 2011, by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ, SACCARO NO: NONE ABSENT: NONE ABSTAIN: NONE Stan \Nohg, Secretary EXHIBIT "B" TENTATIVE PARCEL MAP 71692 8929 Emerson Place CONDITIONS OF APPROVAL July 18, 2011 1. Tentative Parcel Map 71692 is approved for the subdivision of one (1) existing lot into three (3) lots for development of three new single - family residential units to be developed in accordance with the Tentative Parcel Map and architectural plans marked Exhibit "C" dated July 14, 2011. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of Tentative Parcel Map 71692 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 71692 is 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 71692 has 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. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved Plans where necessary. 8. Tentative Parcel Map 71692 is 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 71692. 9. 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. 10. 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. 11. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m. Monday Saturday. No construction shall take place on Sundays or on any Federal holidays without prior approval by the City. 12. Planning staff shall have access to the subject property at any time during construction to monitor progress. 13. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Tentative Parcel Map 71692. 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. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 16. 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. 17. 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. 18. No portion of any required front and /or side yards shall be used for storage of any type. 19. 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. 20. Applicant shall obtain an encroachment permit for all work in the public right of way. 21. 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. 22. Any future dwelling units constructed on Lots 2 and 3 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 for the subdivision shall be designed for high efficiency and irrigation timers programmed for maximized water usage. 23. All requirements of the Building and Safety Department and Planning Division shall be complied with prior to the final approval of the proposed construction. 24. Prior to issuance of Building permits, a final landscape and irrigation plan shall be submitted to the Planning Division for review, reflecting preliminary approval of landscape /site plan, commonly referred to as Exhibit "C." The landscape plan shall include a wide variety colorful and drought tolerant trees, shrubs, flowers, and ground covers. The irrigation plan shall include automatic timers and moisture sensors. All landscaping and irrigation shall be installed and completed prior to final Planning Division approval. 25. A minimum of one (1) 24" box tree (non- deciduous, evergreen shade trees) shall be planted in the front yards and rear yards of all three (3) lots. 26. 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. 27. Vine pockets shall be installed along the driveway of Lots 2 and 3 to soften the appearance of walls. 28. Along the driveway of Lots 1, 2, and 3, 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. 29. All windows located on front elevations of any future homes developed on Lots 2 and 3 shall be recessed a minimum of four (4) inches (Per Single Family Design Guidelines Incentive Bonus Program). 30. Any future homes developed on Lots 2 and 3 shall incorporate eave overhangs of 18- inches or more with exposed decorative rafter tails (Per Single Family Design Guidelines Incentive Bonus Program). 31. Any future homes developed on Lots 2 and 3 shall have a second story plate that does not exceed 20 feet (Per Single Family Design Guidelines Incentive Bonus Program). 32. Any future homes developed on Lots 2 and 3 shall incorporate natural architectural materials, such as wood and stone (Per Single Family Design Guidelines Incentive Bonus Program). 33. Each lot shall use drought - tolerant plant materials and automatic irrigation with moisture sensors (Per Single Family Design Guidelines Incentive Bonus Program). 34. Each lot shall incorporate interlocking pavers, decomposed granite, or other decorative hardscape materials for walkways and driveways (Per Single Family Design Guidelines Incentive Bonus Program). 35. The private 20 -foot wide driveway shall be posted as a "No Parking Fire Lane" including signage and red curbing /striping. 36. A covenant assuring that private common driveways shall be continually maintained and that cost associated with such maintenance shall be equally shared by all future property owners, whose properties benefit within the division shall be prepared by the applicant for review and approval of the City Attorney (Per RMC Section 17.16.140 1.5.g). Upon review and approval, the covenant shall be recorded against Lot 2 and Lot 3. 37. Vehicle access easements for reciprocal use or otherwise shall be shown on the Tentative Parcel Map, together with a statement identifying which lots are subservient and which lots are to benefit from such easements (Per RMC Section 17.16.140 1.4). The vehicle access easements shall be recorded for Lot 2 and Lot 3. 38. The City's independent engineering geotechnical consultant shall review and approve the grading and specific development plans prior to the issuance of building permits. 39. Violation of conditions of approval may result in citation and /or initiation of revocation proceedings. 40. The centerline of any new curb cut on Emerson Place for a driveway to serve the existing house on Lot 1 of TPM 71692 shall be a minimum of 24 feet from the west property line of Lot 1. Any such curb cut shall be a maximum width of 16 feet. The location and design of any such curb -cut shall be subject to the review and approval of the City Engineer. 41. The applicant shall submit architectural plans to the Planning Division for review and approval, illustrating the renovation of the existing house and all landscape areas located on Lot 1. The renovation of the existing house and all landscape improvements shall be completed prior to the recordation of the final parcel map. The design of the existing house shall complement the character of neighborhood and the design of the future homes (Added by the Planning Commission on July 18, 2011). CITY ENGINEER'S CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAPS IN THE CITY OF ROSEMEAD 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 Licensed 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 accordance 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. 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. New drive approaches shall be limited to the frontage of the parcel. The drive approach is intended to serve and is designed to the satisfaction of the City Engineer. 14. All work proposed within the public right -of -way shall require permits from the Public Works Department. SEWER 15. Approval of this land division is contingent upon providing a separate house sewer lateral to serve each lot of the land division. UTILITIES 16. All power, telephone and cable television shall be underground. 17. Any utilities that are in conflict with the development shall be relocated at the developer's expense. WATER 18. Prior to the filing of the final map, there shall also be filed with the City Engineer, a statement from the water purveyor indicating subdivider compliance with the Fire Chief's fire flow requirements.