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PC - 2011-19 - Approving Tentative Tract Map 70670 t Subdivide Two Parcels at 3716 Ellis LanePC RESOLUTION 11 -19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING TENTATIVE TRACT MAP 70670 TO SUBDIVIDE TWO (2) EXISTING PARCELS INTO FIVE (5) PARCELS. THE SUBJECT PROPERTY IS LOCATED AT 3715 ELLIS LANE IN THE R -1 (SINGLE - FAMILY RESIDENTIAL) ZONE (APN: 5289 - 017 -047). WHEREAS, on March 21, 2011, John Khuu filed an application for a Tentative Tract Map, proposing to subdivide two (2) existing parcels into five (5) parcels; and WHEREAS, 3715 Ellis Lane 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: A. The map will not be materially detrimental to the public welfare nor injurious to the property; B. The proposed subdivision will not be contrary to any official plan; C. Each proposed parcel conforms in area and dimension to the City codes; D. 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; E. 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 Tract Map, City of Rosemead Ordinance No. 901 requires additional necessary findings for approval of Flag Lot subdivisions. A. That the design is justified by topographic conditions, or the size and shape of the property prohibits conventional lot division practices. 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. 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 September 8, 2011, sixty -four (64) 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 Tract Map 70670, and on September 9, 2011, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on September 19, 2011, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Tentative Tract Map 70670; 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 Tract Map 70670 is Categorically Exempt under Section 15332 of the California Environmental Quality Act (CEQA) and local environmental guidelines for projects that consist of local in -fill development. Accordingly, Tentative Tract Map 70670 is classified as a Class 32 Categorical Exemption pursuant to Section 15332 of CEQA and therefore, exempt from further environmental review. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Tentative Tract Map 70670, 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. 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 unit for each 6,000 square feet of lot area. The proposed parcels and residential units meet the required parcel size standards. Lots 1 and 3 will have a gross and net lot area of 6,002 square feet. Lot 2 will have a gross and net lot area of 6,006 square feet. Lot 4 will have a gross and net lot area of 6,001 square feet. Lot 5, the flag lot, will have a gross lot area of 6,534 square feet and a net lot area of 5,000 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 conventional lots and flag 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. Lots 1 and 3 will have a gross and net lot area of 6,002 square feet. Lot 2 will have a gross and net lot area of 6,006 square feet. Lot 4 will have a gross and net lot area of 6,001 square feet. Lot 5, the flag lot, will have a gross lot area of 6,534 square feet and a net lot area of 5,000 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 via Ellis Lane and Marshall Street. Based on this review, it is determined that the design and construction of the project would preserve 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 Ellis Lane and Marshall Street right -of -ways 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 four (4) conventional lots and one (1) flag lot with five (5) separate driveways. Lots 1 and 2 have been developed with a new private driveway for vehicular access fronting Ellis Lane. Lots 3, 4 and 5 have been developed with a new private driveway for vehicular access fronting Marshall Street. The driveway widths range from 11 to 15 feet. SECTION 3 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Tentative Tract Map 70670, 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 site consists of two (2) parcels of land, totaling approximately 30,535 square feet (0.70 acres). Because the site is located at a corner, the applicant is unable to build five (5) conventional lots. For this reason, the proposed subdivision will create four (4) conventional lots and one (1) flag lot. 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. 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 four (4) existing flag lot subdivisions within 300 -feet from the subject site. Therefore, the proposed subdivision is consistent with the established neighborhood pattern of development. SECTION 4 . The Planning Commission HEREBY APPROVES Tentative Tract Map 70670 to allow the subdivision of two (2) existing parcels into five (5) parcels. 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 September 19, 2011, by the following vote: YES: ENG, HERRERA, RUIZ, AND SACCARO NO: NONE ABSENT: HUNTER 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 19th day of September, 2011. ti Nancy , Chair 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 19th day of September, 2011, by the following vote: YES: ENG, HERRERA, RUIZ, AND SACCARO NO: NONE ABSENT: HUNTER ABSTAIN: NONE a Stan Wong, Secretary APPROVED AS TO FORM: GregorA. M rphy, Planni g C mission Attorney Burke, Williams & Sorensen, LLP EXHIBIT "B" TENTATIVE TRACT MAP 70670 3715 Ellis Lane CONDITIONS OF APPROVAL September 19, 2011 1. Tentative Tract Map 70670 is approved for the subdivision of two (2) existing parcels into five (5) parcels to be developed in accordance with the Tentative Tract Map marked Exhibit "C" dated September 6, 2011. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of Tentative Tract Map 70670 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 Tract Map 70670 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 Tract Map 70670 has been unused, abandoned, or discontinued for a period of two (2) years, it shall become null and void. Tentative Tract Map 70670 shall not become final and shall not be recorded until such time the current improvements on the lot have been demolished, all block walls proposed on the subdivision are installed, and grading and drainage on the lots are properly finished (Modified by the Planning Commission on September 19, 2011). 5. Within 60 -days of the demolition required by Condition of Approval Number 4, the applicant/developer shall either submit the project into Building plan check or landscape and seed the property to the Planning Division satisfaction to ensure that erosion and runoff shall not take place and that the property will maintain the character of the neighborhood while construction is pending. 6. 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. 7. 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. 8. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved Plans where necessary. 9. Tentative Tract Map 70670 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 Tract Map 70670. 10. 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. 11. 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. 12. 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. 13. Planning staff shall have access to the subject property at any time during construction to monitor progress. 14. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Tentative Tract Map 70670. 15. 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. 16. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 17. 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. 18. 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. 19. No portion of any required front and /or side yards shall be used for storage of any type. 20. 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. 21. Applicant shall obtain an encroachment permit for all work in the public right of way. 22. 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. 23. All block walls shall meet the requirements set forth in the Rosemead Municipal Code. The block walls shall be constructed of decorative material and shall be reviewed and approved by the Planning Division (Modified by the Planning Commission on September 19, 2011). 24. 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. 25. All requirements of the Building and Safety Department and Planning Division shall be complied with prior to the final approval of the proposed construction. 26. Violation of conditions of approval may result in citation and /or initiation of revocation proceedings. CITY ENGINEER'S CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 70670 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 Engineers policies must be specifically approved in the final map or improvement plan approvals. 2. A final parcel map prepared by, or under the supervision of a Registered Civil Engineer authorized to practice land surveying, or a licensed Land surveyor, must be processed through the City Engineers 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 developer shall comply with all requirements of the Subdivision Map Act. 5. Approval for filing of this land subdivision is contingent upon approval of plans and specifications stated below. If the improvements are not installed prior to filing this division, the developer must submit an Undertaking Agreement guaranteeing the installation of the improvements. 6. The City Engineer reserves the right to impose any new plan check and /or permit fees approved by City Council subsequent to tentative map approval. 7. One (1) street tree shall be provided for each of lots 1, 3, and 4. Three (3) street trees shall be provided for lot 2, this will require (at a minimum) modifying an existing guy wire bracing an existing utility pole on the lot's frontage on Ellis Lane, assuming this facility cannot be placed entirely underground. 8. A five (5) foot wide Portland cement concrete sidewalk shall be installed serving the frontage of all lots along both Ellis Lane and Marshall Street. The sidewalk shall be placed immediately adjacent to property lines within the existing public right of way to create an unpaved parkway between the new sidewalk and the existing back of curb, which shall be planted with grass and be irrigated and installed to the satisfaction of the City Engineer. Street trees shall be 24 inch box size and planted a minimum of 18 inches behind the existing curbs. Street trees shall be a species as approved by the City's urban forester and the City Engineer. 9. A Portland cement concrete ADA ramp shall be installed in accordance with the latest edition of Standard Plans for Public Works Construction ( "Green Book ") at the North West corner of Ellis Lane and Marshall Street, all to the satisfaction of the City Engineer. Any Centerline Ties disturbed by the proposed construction shall be replaced under the supervision of a licensed land surveyor or Civil Engineer licensed to practice surveying in the State of California. 10. Driveway approaches shall be designed to avoid placing curb transitions in front of adjacent lots where practical. The "common" driveway approach between lots 1 and 2, and as well as lots 4 & 5 are unacceptable as proposed and the placement of one or more of the two driveway approaches must be redesigned. 11.A connector pipe screen (CPS), where none exists, shall be installed in any downstream catch basin within the public right of way which receives storm water that originates or will originate from the proposed subdivision. The CPS shall be in accordance with Los Angeles County Department of Public Works (LADPW) Standards and to the satisfaction of the City Engineer. If the CPS must be installed in a catch basin is maintained by the County a permit shall also be obtained from the LADPW to do so at the developer's expense. 12. All existing curbs, gutter, and sidewalk, requiring repair adjacent to the proposed subdivision shall be removed and replaced to the satisfaction of the City Engineer. MAPPING 13.The final map shall be based on a field survey, and final monuments shall be set to mark the tract map boundaries, street center lines, as well as 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 a two (2) 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 City Engineers Standard Plan No.S08 -001. 14.The final Tract Map shall be filed with the County Recorder and one (1) mylar copy of the recorded map submitted to the City Engineers Office. Prior to release of the original signed final map by the City, a refundable deposit of $1,000.00 shall be submitted by the developer to the City, which will be refunded upon receipt of the mylar copy of the recorded final map 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 Chiefs fire flow requirements.