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PC - 2003-62 - Approving Conditional Use Permit 03-933 Construction of a Single-Family Residence Over 2,500 Square Feet Living Area 3303 Burton Avenuet� PC RESOLUTION 03 -62 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 03 -933, APPROVING THE CONSTRUCTION OF A SINGLE - FAMILY RESIDENCE WITH OVER 2,500 SQUARE FEET OF LIVING AREA, LOCATED AT 3303 13URTON AVENUE IN THE R -1; SINGLE FAMILY RESIDENTIAL ZONE. (APN: 5289- 003 -056). WHEREAS, on August 14, 2003, Mr. Terence Kwok submitted a conditional use permit application for the construction of a Single Family Residence with living area with over 2,500 square feet, located at 3303 Burton Avenue in the R -1, Single Family Residential Zone; and WHEREAS, 3303 Burton Avenue is located in the R -1; Single Family Residential Zone; and WHEREAS, Section 17.112.030.026 of the Rosemead Municipal Code (RMC) requires conditional use permits for residential dwelling units in the R -1 and R -2 zones that exceed 2,500 square feet of living area. Section 17.1 12.030.026 allows the granting of the Conditional Use Permit where such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the comprehensive general plan, and are not detrimental to surrounding property. 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, Sections 17.1 12.010 o f the Rosemead Municipal Code specifies the criteriaby which a conditional use permit may be granted; and 1 *1 1 HEREAS, on September 4, 2003, 51 notices were sent to property owners within a 300 - foot radius from the subject property, in addition to notices published in the San Gabriel Valley Tribune on Friday, September 5, 2003, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 03 -933; and WHEREAS, on October 20, 2003, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 03 -933: 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 03 -933 is Categorically Exempt from environmental review as a Class 3 Exemption pursuant to Section 15303 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 03 -933 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The establislument, maintenance or operation of the use under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood thereof. FINDING: The project is situated within a low density, single - family residential zoning district. All development standards for the R -1 zone have been met with this design, which provide for adequate separation between living and working areas. CERTIFICATION 1 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 17 "' day of November 2003 by the following vote: YES: NO: ABSENT: ABSTAIN: B - Johnson, Secretary