PC - 2011-21 - Approving Conditional Use Permit 11-11 at 8427 Wells StreetPC RESOLUTION 11 -21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 11 -11, REQUESTING TO
CONSTRUCT A NEW SECOND -STORY SECOND RESIDENTIAL UNIT,
TOTALING APPROXIMATELY 543 SQUARE FEET, LOCATED AT 8427
WELLS STREET IN THE R -1 (SINGLE FAMILY RESIDENTIAL) ZONE
(APN: 5372 - 014 -053).
WHEREAS, on August 23, 2011, Leticia Rivera submitted a Conditional Use
Permit application for the construction of a new second -story second residential unit,
totaling 543 square feet, located at 8427 Wells Street; and
WHEREAS, this property at 8427 Wells Street is located in the R -1 (Single
Family Residential) zone; and
WHEREAS, Section 17.112.030 (30) of the Rosemead Municipal Code (RMC)
allows second -story and two -story second residential units in accordance with Section
17.30.040 of this code, upon the granting of a Conditional Use Permit (CUP). Section
17.112.010 sets the following findings required for granting such a permit:
A. The granting of such conditional use permit will be in harmony with the
elements or objectives of the General Plan.
B. The establishment, maintenance or conduct of the use for which the
conditional use permit is sought will not be detrimental to the health, safety, peace,
morals, comfort or general welfare of the persons residing or working in the
neighborhood thereof; and
C. The granting of such conditional use permit will not be detrimental or
injurious to the property and improvements in the neighborhood or the general welfare.
WHEREAS, Section 17.30.040 provides additional findings for granting a
second -story or two -story second residential unit:
A. Not have stairs that are visible from a street or shall have stairs that are
screened from view; and
B. Not have its door visible from the street in single - family neighborhoods,
and generally shall not create an appearance out of character with the single - family
nature of the R -1 zone; and
C. Have an upper story that is smaller than the lower story to decrease the
bulk and mass of the building and add architectural character. The square footage of
the upper story shall be at least 10% less than the lower story; and
D. If a detached unit, be no higher than the primary unit; and
E. If on an alley, may be allowed tandem parking within a garage as an
option if tandem parking will result in a unit that (a) faces the alley and (b) has a garden
or landscaped area facing the alley. This provision is intended to be an incentive for
making the ally an attractive living environment and a secondary street; and
F. Have its architectural character, design, style, massing, height,
construction materials, trim, and color in harmony with the primary unit and the
surrounding neighborhood; and
G. Not cause excessive noise, traffic, parking or overloading of public
facilities or infringe upon the privacy of adjacent residences; and
H. Not invade privacy, cast excessive shade on adjacent properties or reduce
light available for solar energy.
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.112.010 of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve or deny conditional use permits; and
WHEREAS, on September 22, 2011, forty -four (44) 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 Conditional Use Permit 11 -11, and
on September 23, 2011, the notice was published in the San Gabriel Valley Tribune;
and
WHEREAS, on October 3, 2011, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to
Conditional Use Permit 11 -11; 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
Conditional Use Permit 11 -11 is Categorically Exempt from environmental review as a
Class 3 Exemption pursuant to Section 15303 (a) of the California Environmental
Quality Act (CEQA).
SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 11 -11 according to the
Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows:
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A. The granting of such a Conditional Use Permit will be in harmony with the
elements or objectives.of the General Plan.
FINDING: The site is designated in the General Plan for Low Density
Residential, and on the zoning map it is designated for R -1 (Single - Family Residential)
zone. The proposed use is in conformity with the General Plan in that the R -1 zoning is
a corresponding zone district with the Low Density Residential General Plan land use
category. The proposed use is also in conformity with the General Plan, in that the
policies of the General Plan encourage complementary uses that will not be in conflict
with established neighborhood districts.
B. The establishment, maintenance or conduct of the use for which the
Conditional Use Permit is sought will not be detrimental to the health, safety, peace,
morals, comfort or general welfare of the persons residing or working in the
neighborhood thereof.
FINDING: Staff finds this request to be consistent with land uses in the general
area with no foreseeable negative impacts to the adjacent neighborhood. The large
size and depth of the subject lot would allow the lot to be developed with a single - family
residence and a second residential unit above the existing three -car garage without
creating detrimental visual or privacy impacts to the adjacent properties. Staff has also
included numerous conditions of approval have been added to ensure that the second -
story second residential unit will not impinge on the privacy of adjacent lots.
C. The granting of such a conditional use permit will not be detrimental or
injurious to the property and improvements in the neighborhood or the general welfare.
FINDING: Staff has worked closely with the designer in designing a second
residential unit above the three -car garage that will not impinge on adjacent properties.
Staff feels that the addition of this second -story second residential unit will improve the
overall aesthetics of the neighborhood, as well as, increase the property values and will
not create negative impacts to the general welfare of the City. The second -story second
residential unit has been uniquely designed as part of the main building to give the
appearance of only one single family home on the lot. Staff has also included
numerous conditions of approval to address design details of the second -story second
residential unit.
SECTION 3 . The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 11 -11 according to the
findings of Chapter 17.30.040 of the Rosemead Municipal Code as follows:
A. The two -story second residential unit shall meet all standards for one -story
units listed in Section 17.30.030 of the Rosemead Municipal Code, except that setbacks
shall be those applicable to primary dwelling units of the residential district in which the
lot is located.
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FINDING: Staff has verified that the proposed two -story second residential unit
meets all the standards listed in Section 17.30.030 of the Rosemead Municipal Code.
B. Not have stairs that are visible from a street or shall have stairs that are
screened from view.
FINDING: The stairs are not visible from the street. The applicant has designed
the stairs to be visible from the north and west elevations.
C. Not have its door visible from the street in single - family neighborhoods, and
generally shall not create an appearance out of character with the single - family nature
of the R -1 zone.
FINDING: The door is not visible from Wells Street. The applicant has located
the entrance door on the east elevation.
D. Have an upper story that is smaller than the lower story to decrease the bulk
and mass of the building and add architectural character. The square footage of the
upper story shall be at least 10% less than the lower story.
FINDING: The project complies with this requirement by proposing a second -
story second residential unit that is 76.3% smaller than the lower story.
E. If a detached unit, be no higher than the primary unit.
FINDING: The second -story second residential unit is attached to the primary
unit.
F. If on an alley, may be allowed tandem parking within a garage as an option if
tandem parking will result in a unit that (a) faces the alley and (b) has a garden or
landscaped area facing the alley. This provision is intended to be an incentive for
making the alley an attractive living environment and a secondary street.
FINDING: The second -story second residential unit is not located on an alley.
G. Have its architectural character, design, style, massing, height, construction
materials, trim, and color in harmony with the primary unit and the surrounding
neighborhood.
FINDING: Staff has worked closely with the applicant to achieve a home design
that will match the main dwelling and complement the single family neighborhood
character. The second -story second residential unit has been uniquely designed as
part of the main building to give the appearance of only one single family home on the
lot. The applicant has proposed a contemporary architectural design, colors, and
materials to match the main dwelling. The main body of the second residential unit will
be a gray stucco color. The eave, fascia, and trim will be painted white. The roofing
material will be asphalt shingles.
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H. Not cause excessive noise, traffic, parking or overloading of public facilities or
infringe upon the privacy of adjacent residences.
FINDING: Staff has worked closely with the applicant in designing a second -
story second residential unit that will not impinge on adjacent properties. Per
Rosemead Municipal Code Section 17.30.030 (M), a one bedroom second residential
unit is required to provide a one -car garage. The applicant has provided a one -car
garage for the proposed second -story second residential unit. Staff has also included
numerous conditions of approval to address these issues.
I. Not invade privacy, cast excessive shade on adjacent properties or reduce
light available for solar energy.
FINDING: Staff has worked closely with the applicant in designing a second -
story second residential unit that will not invade privacy, cast excessive shade on
adjacent properties or reduce light available for solar energy. The applicant is not
proposing any window along the north or west elevation. In addition, the second -story
second residential unit is setback 19' -5" from the adjacent property to the north and 21'-
10" from the adjacent property to the west.
SECTION 4 . The Planning Commission HEREBY APPROVES Conditional Use
Permit 11 -11, to allow the construction of a new second -story second residential unit,
located at 8427 Wells Street, subject to 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 October 3, 2011, by the following vote:
YES: ENG, HERRERA, HUNTER, RUIZ AND 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 3' day of October, 2011.
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Nancy n , Chair
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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 3 day of October,
2011, by the following vote:
YES: ENG, HERRERA, HUNTER, RUIZ AND SACCARO
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
Startrong, Secretary
AS TO
Gregory M. Myfphy, Planning Cogftission Attorney
Burke, Williams & Sorensen, LL
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EXHIBIT "B"
CONDITIONAL USE PERMIT 11 -11
(APN: 5372 - 014 -053)
CONDITIONS OF APPROVAL
October 3, 2011
1. Conditional Use Permit 11 -11 is approved for the construction of a new second -
story second residential unit, to be developed in accordance with the plans
marked Exhibit "C" dated August 23, 2011, 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 Conditional Use Permit 11 -11 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.
3. Conditional Use Permit 11 -11 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 Conditional Use Permit 11 -11 has been unused, abandoned or
discontinued for a period of six (6) months it shall become null and void.
4. The Planning Commission hereby authorizes the Planning Division to make or
approve minor modifications to the approved Plans where necessary.
5. Conditional Use Permit 11 -11 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 Conditional Use Permit 11 -11.
6. 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.
7. All conditions of approval must be complied with to the satisfaction of the
Planning Division prior to final inspection.
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 11 -11.
9. Prior to the issuance of a Building Permit, the conditions listed on this exhibit
shall be copied directly onto any development plans subsequently submitted to
the Planning and Building and Safety Divisions for review.
10.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.
11. Construction activities shall be limited to take place between the hours of 7:00
a.m. and 8:00 p.m., Monday through Saturday. No construction shall take place
on Sundays or any legal holidays.
12. 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.
13. 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.
14. 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 School
District.
15. Planning staff shall have access to the subject property at any time during
construction to monitor progress.
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. The site shall be maintained in a clean, weed and litter free state in accordance
with Sections 8.32.010 - 8.32.040 of the Rosemead Municipal Code, which
pertains to the storage, accumulation, collection, and disposal of garbage,
rubbish, trash, and debris. All trash containers shall be stored in the appropriate
trash enclosure at all times. Any new litter and graffiti shall be removed within
twenty -four (24) hours of notice from the City.
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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 Planning Division before installation.
19. No portion of any required front and /or side yards shall be used for storage of
any type.
20.All roof top appurtenances and equipment shall adequately be screened from
view to the satisfaction of the Planning Division.
21.The numbers of the address signs shall be at least 6" tall with a minimum
character width of 1/4 ", contrasting in color and easily visible at driver's level from
the street. Materials colors location and size of such address numbers shall be
approved by the Planning Division or his /her designee prior to installation
22.Applicant shall obtain an encroachment permit for all work in the public right of
way.
23.All requirements of the Planning and Building and Safety Divisions shall be
complied with prior to the final approval of the proposed construction.
24. No fence, wall or hedge located in the rear or side yards shall exceed a height of
six feet and no fence, wall or hedge located in the front yard shall exceed a
height of four feet. The applicant shall remove and replace the dilapidated wood
fence along the north property line with concrete block wall that matches the
existing concrete block wall onsite (Modified by the Planning Commission on
October 3, 2011).
25. The second -story second residential unit shall meet all the requirements set forth
in Section 17.30.030 and 17.30.040 of the Rosemead Municipal Code.
26.The second -story second residential unit shall match the primary unit in
materials, colors, types of windows, doors, trim, proportions, amount of
overhang, architectural embellishments, roof shape, and quality.
27.A recorded covenant shall be provided prior to occupancy of the second unit
providing such notice and further providing that the second residential unit shall
be a legal unit only so long as either the main dwelling unit or the second unit is
occupied by the owner of record of the property and providing this restriction
shall be binding upon on any successor in ownership of the property.
28.Violation of the conditions of approval may result in citation and /or initiation of
revocation proceedings.
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