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PC - 2002 - 58 - Approving Conditional Use Permit 02-902 Construction of a Single-Family Dwelling With Over 2,500 Square Feet of Living Area 7862 Whitmore StreetPC RESOLUTION 02 -58 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OE ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 02 -902, FOR TIE CONSTRUCTION OF A SING LE- FANIILY DWELLING WITH OVER 2,500 SQUARE FEET OF LIVING AREA, TO RE LOCATED A'1' 7862Wlli'rN STREET IN'THE 11-2 (LIGHT )\MULTI- FAMILV RESIDENTIAL) ZONE. (A PN: 5287-033-011) WHEREAS, on November 12, 2002, Pauline Lu tiled a conditional use Permit application for the constriction of a single - family dwelling with over 2,500 square feet of living area, located at 7862 Whitmore Street, which is in the R -2 (Light Multi - Family Residential) zone, and WIIEREAS, 7862 Whitmore Street is located in the R -2 (Light Multi - Family Residential) Zoning District; and NVII EREAS, Section 17.1 12,030(26) ofthe 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 17.1 12.010 sets criteria required for granting such a permit. These criteria require that the proposed use deemed: The establishment, maintenance, and operation ofthe 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 R 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 WIIEREAS, Sections 17.1 12.010 ofthe Rosemead Municipal Code specifies the criteria by which a conditional use permit may be granted; and Will EREAS, on December 4, 2002, 56 notices were sent to property owners within a 300 - fool radius from the subject Property, in addition to notices posted in 12 Public locations, specifying the availability ofthe application, plus the date, time and location of the Public hearing for Conditional Use Permit 02 -902, and WIIEREAS, on December 16, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 02- 902, and WHEREAS, the Rosemead Planning Commission has sulliciently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, RE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION I . The Planning Commission FIEREBY DETERMINES that Conditional Use Permit 02 -902 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 02 -902 according to the Criteria of Chapter 17.1 12.010 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, 0 • FINDING : This development has been designed to meet the zoning setbacks of the R -2 (Light Multi- 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 vaid setbacks to the adjacent properties. Since the project is a residence, its use will not be detrimental to the health, safety, peace, morals, comfort, or general welfare neighborhood and its residents. 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 is located on a residential street in the City, and is designated Medium Density Residential in the General Plan. The proposed use is in conformity with the General Plan, in that the policies ofthe General Plan encourage complementary uses that will cone ibute 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. 'fhe 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 use will not endanger or otherwise constitute a menace to the surrounding properties as conditions of approval have been incorporated upon the issuance of this permit. All construction will be restricted to the designated area and will be limited to the hours of 7 A.M. tog P.M., Monday through Saturday with no construction to take place on Sundays or on any legal holidays without prior approval by the City. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 02- 902, to allow the construction of a single - family dwelling with over 2,500 square feet of living area, on property located at 7562 Whitmore Street, subject to 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 December 16, 2002, by the following vote: YES: L01, ALARCON, BREEN, HERRERA, ORTIZ NO: ABSTAIN: ABSENT: SECTION 5 . The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the to Rosemead City Clerk. PASSED, APPROVED and ADOPTED, this 6"' (lay ofJanuaiy, 2003. G� Duc Lei, Chairman CERTIFICATION I hereby certify that the foregoing is a true copy ofa resolution adopted by the Planning Commission oft lie City of Rosemead at its regular meeting, held on the 6th clay ofJanuary 2003 by the following vote: YES: NO: ABSTAIN: ABSENT: Johnson, Secretary PUNN /N6 COMA/ /SS/ONNMI#6 ALARCON X ORTIZ X X BREEN X HERRERA X X LOI X DATE: January 6, 2003 AGENDA #: 96A -B RESO #: PC RESOLUTION(S) 02 -56, 57, "58; 59 ADDRESS/DBA: > 8818 Garvev (CUP 02 -895) > 8450 Valley, Units 119 -120 (CUP 02 -901) > 7862 Whitmore (CUP 02 -902) > 8811 Garvey (CUP 02 -906) ADJOURNMENT: 7:30 P.M. 9 • CONDITIONAL USE PERMIT 02 -902 7862 WHITMORE STREET CONDITIONS OF APPROVAL December 16, 2002 L Conditional Use Permit 02 -902, is approved for the construction of a new single - family residence with a living area square footage of 2,960, to be developed in accordance with the plan marked Exhibit "B ", dated November 12, 2002, and submitted colored elevations and color and material sample boards. Any revisions to the approved plans nnust be resubmitted for review and approval by the Planning Department, 2. Approval of Conditional Use Permit 02 -902 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. 3. Conditional Use Permit 02 -902 is approved for a 180 -day period. Applicant shall make progress towards initiation of proposed' use or request an extension 30 days prior to expiration from the Planning Commission. Otherwise, Conditional Use Permit 02 -902, 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. 7. The hours of construction 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. " 8. 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 im required by this approval have been completed, inspected, and approved by the appropriate department(s). 1 1. 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. Prior to issuance ofBuilding 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 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 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 screenin- shall be approved b the Director of Planning before installation. 14. No portion of any required font and /or side yards shall be used for storage of any type. 15. There shall be no outside storage of vehicles, vehicle parts, equipment or hailers. All trash and debris shall be contained within a trash enclosure. 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 now 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. is. 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 ground level mechanical /utility equipment (including meters, back flow preservation devices, fire valves and other equipment) shall be screened by screening walls and /or landscaping to the satisfaction of the Planning Department. 22. "I'he dwelling unit shall be provided with water conservation fixtures such as low -flush toilets and low -flow faucets. The hot water healer 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. Violation of the conditions of approval may result in citation and /or initiation of revocation proceedings.