PC - 2003-61 - Approving Tentative Parcel Map 60139 Conditional Use Permit 03-394 and 03-395 Subdivision of One Parcel Into Two Parcels for the Reconstruction of Two Single-Family Dwelling Over 2,500 Square Feet 3050 Sullivan Avenue• •
PC RESOLUTION 03 -61
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING TENTATIVE
PARCEL MAP NO. 60139, AND CONDITIONAL USE PERMIT 03 -394 AND 03 -395, THE
SUBDIVISION OF ONE PARCEL INTO TWO PARCELS FOR THE RECONSTRUCTION
OF TWO SINGLE - FAMILY DWELLINGS OVER 2,500 SQUARE FEET, TO BE
LOCATED AT 3050 SULLIVAN AVENUE IN THE R -1; SINGLE - FAMILY ZONE (APN:
8595 - 012 -017).
WHEREAS, on September 4, 2003, Property owner Francis Tang, filed a tentative parcel
map, and conditional use permit proposing to subdivide one existing parcel into two parcels for the
construction of two new single - family residences with over 2;500 square feet of living area.
WHEREAS, this property on 3050 Sullivan Avenue is located in the R -1; Single Family
Residential zone district; 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 Pennit
where such uses are deemed essential or desirable to the public convenience or welfare, and are in
harniouy 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 of the Rosemead Municipal Code specifies the criteria by
which a conditional use permit may be granted; 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 September 8, 2003, 63 written notices were mailed to property owners
within 300 feet of the subject site on and on September 8, 2003 notice of this public hearing was
published in the San Gabriel Valley Tribune; 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 Tentative Parcel Map
60136; Conditional Use Permit 03 -934 and 03 -935; and
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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
Pcnnit 03 -940 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 Tentative Parcel Map 60136; the Conditional Use Permit 03 -934
and 03 -935 according to the criteria of Section 16.08.130 and 17.112.010 of the Rosemead
Municipal Code as follows:
A. The establishment, maintenance, and operation of the proposed use so applied for will
not, under the circumstances of the particular case, be detrimental to the health, safety, peace,
morals, comfort or general welfare of persons residing or working the neighborhood thereof;
FINDING: The proposed project is for the construction of two single - family residences.
The proposed construction will greatly improve the existing substandard property.
B. The establishment, maintenance, and operation of the proposed use so applied for.will
not, under the circumstances of the particular case, be detrimental or injurious to the property and
improvements in the neighborhood.
FINDING: The proposed use will not endanger the surrounding properties as conditions
of approval have been incorporated upon the issuance of this permit. This proposed
reconstruction complies with the standards of the Rosemead zoning code and General Plan.
A. The map will not be materially detrimental to the public welfare nor injurious to the
property or improvements in the immediate vicinity.
SECTION 3 . The Planning Commission HEREBY FINDS AND DETERMINES that facts
do exist to justify approving Conditional Use Permit 09 -940 according to the Criteria of Chapter
17.112.010 of the Rosemead Municipal Code as follows:
A. The establishment, 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.
B. The estabI ishmcnt, maintenance or operation of the use under the circumstances
of the case will not be detrimental or injurious to the property and improvements
in the neighborhood.
FINDING: The proposed use is located within an established residential district of the City,
and is designated Residential in the General Plan. The proposed use is 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.
C. The project will not be detrimental or injurious to the general welfare of the City.
FINDING: The proposed residence has been designed with a high level of design standards
that incorporate architectural features that provide relief from wall massing by including bay and
arched windows, accent columns and other aesthetically pleasing elements. The layout and design of
this single - family residence will not create negative impacts to the general welfare of the City.
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SECTION 4 . The Planning Commission HEREBY APPROVES Conditional Use Permit
03 -934 and 03 -935, to allow the construction of a Single Family Residential living area with over
2500 square feet, on property located at 3050 Sullivan Avenue, subject to conditions listed in Exhibit
"A" attached hereto and incorporated herein by reference.
SECTION 5 . This resolution is the result of an action taken by the Planning Commission on
November 17, 2003, by the following vote:
YES: LOI, HERRERA, BREEN, ALARCON, ORTIZ
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
SECTION 5 . 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 17 ° iday of November 2003.
"Dianna ra, Chairman
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 17 ° i day of November 2003 by the
following vote:
YES:
NO:
ABSENT:
ABSTAIN: