PC - 2003-11 - Approving Conditional Use Permit 03-912 Construction of a Single-Family Residence With Over 2,5000 Square Feet of Living Area 3856 Walnut Grove Avenue•
PC RESOLUTION 03 -11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD APPROVING CONDITIONAL USE PERMIT 03 -912,
APPROVING THE CONSTRUCTION OF A SINGLE - FAMILY RESIDENCE
WITH OVER 2,500 SQUARE FEET OF LIVING AREA, LOCATED AT 3856
WALNUT GROVE AVENUE IN THE R -1; SINGLE FAMILY RESIDENTIAL
ZONE. (APN: 8390- 010 -081).
WHEREAS, on January 23, 2003, Hazur Singh Saini submitted a conditional use permit
application for the installation of a Single Family Residential living area with over 2,500 square feet,
located at 3856 Walnut Grove Avenue in the R -1, Single Family Residential Zone; and
WHEREAS, 3856 Walnut Grove Avenue is located in the R -1; Single Family Residential
Zone; and
WH EREAS, Section 17.1 12.030.026 of the Rosemead Municipal Code (RMC) permits the
construction of residential dwelling units in the R -I and R -2 zones that exceed 2,500 square feet of
living area, upon the granting of a Conditional Use Permit (CUP). Section 17.112.010 sets criteria
required for granting such a permit. These criteria require that the proposed use deemed:
The establishment, maintenance, and the 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, not be
detrimental or injurious to the property and improvements in the neighborhood or to the general
welfare of the City.
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, on February 6, 2003, 59 notices were sent to property owners within a 300 -foot
radius from the subject properly, in addition to notices posted in 10 public locations, sped Eying the
availability of the application, plus the date, time and location of the public hearing for Conditional
Use Permit 03 -912; and
WHEREAS, on February 18, 2003, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional Use Permit
03 -912; 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 L The Planning Commission HEREBY DETERMINES that Conditional Use
Permit 03 -912 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 -912 according to the Criteria of Chapter
17.1 12.010 of the Rosemead Municipal Code as follows:
A — The establishment, maintenance or operation of the use under the circumstances of the
case -Ile detrimental to the health, safety, peace, morals, comfort or general welfare of persons
residing or working in the neighborhood thereof;
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FINDING: This development has been designed to meet the zoning setbacks of the R -1
(Single- Family Residential) Zone. The proposed residence has been planned so as not to create a
negative impact to the subject site and actually complements the yard setbacks to the adjacent
properties. Since the project is a residence, its use Will not be detrimental to the health, safety, peace,
rnoraIs, corn fort, or general wet fare neighborhood and its residents.
B. The establishment, maintenance, and operation of the proposed use so applied for will
not. under the circumstances o f the particular case will not be detrimental or injurious to the property
and improvements in the neighborhood.
FINDING: The proposed use is in conformity with the General Plan, in that the policies of
the General Plan encourage complementary uses that will contribute to the economic well being of
the residential areas of the City. The construction of this new dwelling will not significantly change
the character of the neighborhood and is architecturally consistent with both its surroundings and
with newer development elsewhere in the city.
C. The establishment, maintenance, and operation of the proposed use so applied for will
not, under the circumstances of the particular case 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.
SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit
03 -912, to allow the constriction of a Single Family Residential living area with over 2500 square
feet, on property located at 3856 Walnut Grove Avenue, subject to conditions listed in Exhibit "A°
attached hereto and incorporated herein by reference.
SECTION 4 . This'r.csolution is the result of an action taken by the Planning Commission on
February 18, 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 3' day j o � f , March 200
Due Loi, Chairman
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CERTIFICATION
1 hereby certify that the foregoing is a Irue copy of a resolution adopted by the Planning Commission
of the City of Rosemead at its regular meeting, held on the 3" clay of March 2003 by the following
vote: .
YES:
NO:
ABSENT:
ABSTAIN:
— �< zz
/ ' Brad .Io son, Secretary
- 1 "A"
CONDITIONAL USE PE101I ' 03 -9.12
3856 WALNUT GROVH AVFNUP
CONDITIONS OF APPROVAL
February 18, 2003
I. Conditional Use Permit 03-912, A approved for the construction of a new single - family
residence with a living area square footage of3,346, to be developed in accordance with the
plan marked ENhibit "13 ", dated .lanuary 23, 2003, 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 Department.
2. Approval of Conditional Use Pcrmit 03012, shall not take effect for any purpose until the
applicant has filed with the City of Rosemead an affidavit stating that they arc aware ofand
accepts all of the conditions set forth in the letter of approval and this list of conditions.
3. Conditional Use Permit 03 -912 is approved for mono -year period. Applicant shall make
progress Inwards initiation of proposed use or request an extension 30 days prior to
expiration Boni WePKAng Commission. Otherwise, Conditional UscPcrmil 03 -912, shall
become null and void.
4. Theapplicant shall comply with all Federal, Stalc and local laws relative to the approved use
including the requiremcnis ofthc Planning, Building, Fire, Sheriffand 1 tonl0i Mpartments.
5. Building permits will not be issued in connection with any project until such time as all plan
check foes, and all other applicable fees arc paid in Cull.
6. Prior to issuance of building permits, all school fees shall be paid. The applicant shall
provide. the City with wriUcn verification of compliance from the Unificd School District.
7. "fhe Hours of construction shall be limited Boni 7 a.m. to 8 p.m. Monday - Saturday. No
construction shall We place on Sundays or on any legal holidays without prior approval by
Om CRY.
H. Planning slaff shall have access to the subject properly 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.
l0. Occupancy will not be granted until all improvmuents required by this approval have been
comlileled, inspected, and approved by the appropriate deparhncnt(s).
1 1. Driveways and parking areas shall be surfaced and improved with Portland concrete cement
as shown on Exhibit "13"; and thereafter maintained in - good serviceable condition.
12. Prior to issuance of Building permits, a landscape and irrigation plan shall be suhmillcd to
the Planningl)epartmcnt for review, reflecting preliminary approval of landscape /site plan,
commonly referred to as Exhilpit B. 'Irrigation plan shall include automatic timers and
moisture sensors. All landscaping and irrigation shall be installed and completed prior to
final Planning Department approval
13. All ground level mechanical /utility equipment (including melci:s, back flow preservation
devices, fire valves, AN condensers, furnaces and other equipment) shall be located away.
Boni 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.
14 . No portion of any required front and /or side yards shed I be used for storage of anylylie.
15. There shall be no outside storage of vehicles, vehicle parts, equipment or LraiIcis. All trash
and debris shall be coolaincd within it hash enclosure.
16. All roof top appurlenanccs and equipment shall adcquatcly be screened from view to the
salisfaclion oflhcPlanrting Departmcnl.
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 he
prepared, submitted to and approvcd by the Building Official, mxi such grading and drainage
shall lake place in accordance wilh such approved plan.
18. The numbers of the address signs shall beat leasl4" tall with a minimum character width of
114", contrasting in color and easily visible at driver's Icvcl from (lies trcet. Materials, colors,
location and size of such address numbers shall be approvcd by the Director of Planning
prior to installation.
19. Applicant shall oblaiu a public works permit Ibr all work in or adjacent to the public
light-or-way.
20. Applicant shall install and complete all necessary public improvements, including but not
limited to slrcel, curbs, gultcrs, sidewalks, handicap ramps, and storm drains, along the entire
slice( fronlage of the development site as required by the Director of Planning.
21. All ground level mechanical /ulilily equipment (including meters, back flow preservation
devices, fire valves and other equipment) shall be screened by screening walls and /or
landscaping to the sali.91aclion of the Planning Department,
22. The dwelling unit shall be provided Nvilh water conservation fixtures such as low -flush toilets
and low -flow faucets. The her water healer and lines shall be insulated. Landscaping
it systems shall be designed for high efficiency and irrigation timers programmed for
maximized water usage.
23. All requirements of the Building and Safely Department and Planning Department shall be
complied with prior to the final approval of the proposed construction.
24. Violation of the conditions of approval may result in citation and /or initiation of revocation
proceedings.
25. Applicant shall repaint the front existing one story single family dwelling in earth tone
colors.
26. The G' High block wall shall be installed without damaging the root system of the existing
trees located onrlhe lot north of subject property.