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PC - 2003-55 - Approving Tentative Parcel Map 060007 and Zone Variance 03-322 Subdivision of Two Existing Lots Into Four Parcels With Less Than the Minimum Required Lot Size Construction of Four New Single Family Residences 2409 Delta Avenue• 0 PC RESOLUTION 03 -55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO. 060007 AND ZONE VARIANCE 03 -322 FOR THE SUBDIVISION OF TWO EXISTING LOTS INTO FOUR PARCELS WITH LESS THAN THE MINIMUM REQUIRED LOT SIZE FOR THE CONSTRUCTION OF FOUR NEW SINGLE FAMILY RESIDENCES, TO BE LOCATED AT 2409 DELTA AVENUE IN THE R -2; LIGHT MULTI - FAMILY RESIDENTIAL ZONE. (APN: 5283- 023 - 083, -079). WHEREAS, property owner Frank Lac, 2409 Delta Avenue, Rosemead, California 91770, filed tentative parcel map and zone variance applications for the subdivision of two existing lots into four parcels with less than the minimum lot area required for the construction of four new single family residences, on July 21, 2003; and WHEREAS, this property on 2409 Delta Avenue is located in the R -2; Light Multi- Family Residential zoning district; and WHEREAS, Section 17.20 et seq. of the Rosemead Municipal Code sets standards for development of properties in the R -2 Zone; 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, 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 17.20.080 of the Rosemead Municipal Code (RMC) requires a minimum lot area of 6,000 square feet per dwelling in the R -2 zone. An applicant must obtain a variance in order to create a development that does not meet the minimum standards. Section 17.108.020 sets criteria required for granting such a variance. If one of these criteria cannot be met, then the variance may not be granted. These criteria require that granting such a variance will not: • Constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity; • Be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity; • Adversely affect the comprehensive General Plan; and • That because of special circumstances, the strict enforcement of the code would deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classification. WHEREAS, on September 4, 2003, notices were posted in 12 public locations and 45 0 0 notices were sent to property owners within a 300 -foot radius from the subject property specifying the date time and location of the public hearing for Tentative Parcel Map 060007 and Zone Variance 03 -322; and WHEREAS, on September 15, 2003, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Tentative Parcel Map 060007 and Zone Variance 03 -322; 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 060007 is exempt from further CEQA review under section 15315 of CEQA, which exempts projects limited to the subdivision of certain properties in urban areas into four or fewer parcels. Zone Variance 03 -322 is exempt under Section 15305 of CEQA and local environmental guidelines where projects that consist of minor alterations to land use limitations, such as variances, do not result in the change of land use or density. Therefore, Tentative Parcel Map 060007 and Zone Variance 03 -322 are Class 15 and Class 5 Categorical exemptions. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Tentative Parcel Map 060007 and Zone Variance 03 -322 according to the criteria of Section 16.08.130 and Section 17.20, respectively, of the Rosemead Municipal Code as follows: A. The map will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity. FINDING: Properties in the immediate vicinity will not be detrimentally affected by the proposed subdivision since the surrounding properties include residential uses which are consistent with the proposed uses. Existing uses are residential and lot sizes are comparable to those of the proposed project. B. The map 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: This proposed project complies with the zoning district and general plan designation for this area of the City. The General Plan Land Use element specifies the density for Medium Density Residential properties as 0 —9 units per acre. The proposed project would average 8.4 units per acre. Each property will be developed within the zoning regulations of the R -2: Light Multi - Family Residential zone. 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 parcel map will split two existing lots into four parcels. Each parcel and proposed residence have been designed to meet the requirements as required in the R -2: Light Multi- Family Residential Zone. 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 tentative parcel map and has added conditions of approval relative to roads and accessways. The Los Angeles County Fire Department has reviewed this map for meeting their subdivision requirements. Based on these reviews, 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. 0 0 E. Alley easements and covenants required for the approval of the tentative map or plot plan have been duly executed and recorded. FINDING: Prior to recordation of the final parcel map, the applicant is required to record any covenants' for utility and drainage easement, installation of parkway area, etc., as required by the City Engineer. Zone Variance A. The project does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity. FINDING: Properties in the immediate vicinity range in area from 4,000 square feet to over 6,000 square feet. The average lot size for the proposed development is 5,174 square feet making the project compatible with the surrounding area. This proposed project will be developed in accordance with applicable City regulations, and is in conformity with the development in and around the project site. B. The project will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. FINDING: Although the proposed project does not meet the minimum residential lot size requirements, all of the residences have been designed to meet the setback requirements of the R -2: Light Multi - Family Residential zone. The proposed residences will face the Edison property on Klingerman Street and so the size of the dwellings will not impact neighboring properties. C. The project will not adversely affect the comprehensive General Plan. FINDING: The proposed use is located within a residential area of the City, and is designated Medium Density Residential in the General Plan. The proposed use is in conformity with the General Plan in that it meets the density requirements of the Medium Density Residential land use. D. That because of special circumstances, the strict enforcement of the code would deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classification. FINDING: The strict enforcement of the code would limit the property of maximizing the allowable density of this property. The property is currently being underused as it is developed with two small single- family dwellings that are in uninhabitable condition. The addition of the proposed project will vastly improve the neighborhood. SECTION 3 . The Planning Commission HEREBY APPROVES Tentative Parcel Map 060007 and zone Variance 03 -322 for the subdivision of two residential lots into four parcels (4) parcels with the development of four new single - family residences, located at 2409 Delta Avenue (APN: 5283- 023 -083, -079), subject to the conditions listed in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 4 . This resolution is the result of an action taken by the Planning Commission on September 15, 2003, by the following vote: YES: ORTIZ, LOI, HERRERA, BREEN 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 0 0 PASSED, APPROVED and ADOPTED this 6th day of October 2003. Diana Herrera, Chairperson 0 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 6th day of October, 2003, by the following vote: YES: NO: ABSENT: ABSTAIN: Bradford Jot on, Secretary EXHIBIT A TENTATIVE PARCEL MAP 060007 ZONE VARIANCE 03 -322 2409 Delta Avenue CONDITIONS OF APPROVAL September 15, 2003 Tentative Parcel Map 060007, Zone Variance 03 -322 are approved for the subdivision of two lots into four with the development four new single- family residences, to be developed in accordance with the plan marked Exhibit "C" and submitted colored elevations and color boards. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. Approval of Tentative Parcel Map 060007 and Zone Variance 03 -322 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 accepts all of the conditions set forth in the letter of approval and this list of conditions. Tentative Parcel Map 060007 and Zone Variance 03 -322 are approved for a two -year period. Applicant shall make progress towards initiation of proposed use or request an extension 30 days prior to expiration from the Planning Commission. Otherwise Tentative Parcel Map 060007 and Zone Variance 03 -322 shall become null and void. 4. 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. 5. 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. 6. 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. The hours of constriction shall be limited from 7 a.m. to 8 p.m. Monday - Saturday. No construction shall take place on Sundays or on any legal holidays without prior approval by the City. S. Planning staff shall have access to the subject property at any time during construction to monitor progress. 9. The conditions listed on this Exhibit "A" shall be copied directly onto development plans submitted to the Planning and Building Departments for review. 10. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 11. Driveways and parking areas shall be surfaced and improved with Portland concrete cement as shown on Exhibit `B "; and thereafter maintained in good serviceable condition. 12. A wall and fence plan will be required if any perimeter fencing or walls are proposed. The colors and materials of the proposed fence shall be consistent or compliment the submitted color and material board and first be approved by the Planning Department prior to installation. A maximum fence /wall height of 48" along the front property line and within the front setback area and a maximum 6' high wall anywhere to the rear of the front yard setback applies. 13. Prior to issuance of Building permits, a landscape and irrigation plan shall be submitted to the Planning Department for review, reflecting preliminary approval of landscape /site plan, commonly referred to as Exhibit C. Irrigation plan shall include automatic timers and moisture sensors. All landscaping and irrigation shall be installed and completed prior to final Planning Department approval. 14. All ground level mechanicallutility 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 Director of Planning before installation. 15. No portion of any required front and /or side yards shall be used for storage of any type. 16. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Department. 17. The property shall be graded to drain to the street, but in no case shall such drainage be allowed to sheet flow across public sidewalk. A grading and/or drainage plan shall be prepared, submitted to and approved by the Building Official, and such grading and drainage shall take place in accordance with such approved plan. 18. 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. Materials, colors, location and size of such address numbers shall be approved by the Director of Planning prior to installation. 19. Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 20. 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 Director of Planning. 21. All utilities shall be placed underground including facilities and wires for the supply and distribution of electrical energy, telephone, cable television etc. The underground conversion of these utilities shall consider all future connections to the satisfaction of the Director of Planning. 22. The dwelling unit 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 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 Department shall be complied with prior to the final approval of the proposed construction. 24. Prior to submittal for Plan Check, a detailed landscape and irrigation plan shall be submitted to the Planning department for review and approval. 25. Each elevation shall be a different exterior color with different stone veneer, roof colors and tile types. Samples of each shall be submitted to the Planning Department prior to submittal for Plan Check 26. Violation of the conditions of approval may result in citation and /or initiation of revocation proceedings.