PC - 2003-07 - Approving Tentative Parcel map 26776 And Conditional Use Permits 02-0 0
PC RESOLUTION 03 -07
A RESOLUTION OF TILE PLANNING COMMISSION OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING TENTATIVE
PARCEL MAP NO. 26776 AND CONDITIONAL USE PERMITS 02 -903, 02 -904, AND 02-
905 FOR THE SUBDIVISION OF ONE RESIDENTIAL LOT INTO TIIREE (3) PARCELS
FOR THE DEVELOPMENT OF THREE NEW SINGLE - FAMILY RESIDENCES EACH
WITH A LIVING AREA OVER 2,500 SQUARE FEET, TO BE LOCATED AT 3323 -3327
MUSCATEL AVENUE IN THE I2 -1 (SINGLE - FAMILY RESIDENTIAL) ZONE. (APN:
5289- 009 -066).
WHEREAS, property owner Lanh T. Trinh, 3226 Muscatel Avenue, Rosemead,
California 91770, filed it tentative parcel map and conditional use permit applications for the
subdivision 01'011C residential lot into three (3) parcels for the development of three new single -
family residences, on December 3, 2002; and
WHEREAS, this property on 3323 -3327 Muscatel Avenue is located in the R -1; Single -
Family Residential zoning district; and
WHEREAS, Section 17.16 et seq. of the Rosemead Municipal Code sets standards for
development of properties in the 12 -I 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
NVIIEREAS. Sections 66473.5 and 66474 of the California Government Code (Map Act)
and 16.08.130 of [lie 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 17.16.140 of the Rosemead Municipal Code allows for flag lot
subdivision developments within the R -1 zoning district; and
WHEREAS, Section 17.112.010 of the Rosemead Municipal Code specifies the criteria by
which it conditional use permit may be granted:
The establishment, maintenance, and operation of the proposed use so applied for
w i l l not, under the circumstances of the particular case, be detrimental to the health,
safety, peace, morals, comfort or general wel fare 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, on January 23, 2003, notices were posted in 12 public locations and 78
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 26776 and Conditional
Use Permits 02 -903, 02 -904, and 02 -905; and
WHEREAS, on February 3, 2003, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Tentative Parcel Map
0 0
26776, Conditional Use Permit 02 -903, Conditional Use Permit 02 -904, and Conditional Use
Permit 02 -905: and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony
presented to them in order to make the following determination.
NOW, THEREFORE, BE 11' RESOLVED by the Planning Commission of the City of
Rosemead as follows:
SECTION 1 . The Planning Commission HEREBY DETERMINES that this activity is
exempt from further CEQA review under section 15315 of CEQA, whichexempts projects limited
to [lie subdivision of certain properties in urban areas into four or fewer parcels.
SECTION 2 . The Planning Commission 1IEREBY FINDS AND DETERMINES that
facts do exist to justify approving'reiitiitive Parcel Map 26776 according to the criteria of Section
16.08. 130 and Section 17. 16.060, respectively, of the Rosemead Municipal Code as follows:
A. 'file map will not be materially detrimental to the public welfare nor injurious to the
property or improvements in the immediate vicinity.
FINDING: Property in the immediate vicinity will not be detrimentally affected by the
proposed subdivision since the surrounding area consists of single - family homes such as the
proposed project. The implementation of this project will incorporate the construction of new
homes in respect to adjacent residences and improvements such as the installation of a six foot
block wall adjacent to neighboring residential property. The residential designs comply with the
setback requirements for its zoning district and the proposed lot sizes exceed the minimum
requirements of the City's flag lot ordinance.
13. 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 site is designated as low density single- family residential
in both of these maps and the proposed development complies with the minimum lot dimension
and size requirements of the R -I zoning district. Accordingly, this development will not be
contrary to any official plan, policies, or standards adopted by [he city.
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 one existing parcel into three parcels.
Each parcel and proposed residence have been designed to meet tile minimum parcel size and
property ([intension requirements as required in the R -1; Single Family Residential Zone. 'file
proposed Floor Area Ratio for each proposed parcel are below the maximum 45% allowable in dfic
R -1: single - Family Residential zone.
D. All streets, alleys and driveways proposed to serve the property have been dedicated or
such dedication is not required for die protection ofpublic 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 subdivision relative to the
adjacent right -of -way. Access to the proposed parcels is oft' Muscatel Avenue, which is a fully
improved local street. The private common driveway has been reviewed by the Los Angeles
County Fire Department 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.
E. Alley casements and covenants required for tine approval of the tenlative 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
a covenant I'or ingress and egress, utility and drainage casement, fire lane, and the maintenance of
the driveway for Lots 2 and 3, as required by the City Engineer.
SECTION 3 . The Planning Commission HEREBY FINDS AND DETERMINES that facts
do exist to justify approving Conditional Use Permits 02 -903, 02- 904, 02 -905 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,
FINDING: This.development has been designed to meet the zoning setbacks of the R -1
(Single Family Residential) Zornc. The proposed residence has been plumed 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 residential, 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 properly and
improvements in the neighborhood.
FINDING: The proposed use is located on Muscatel AV6111.IC, a residential street in the City,
and is designated Low Density Residential in the General Plan. The proposed use is in conformity
with the General Plan, in that the policies of tlic General Plan encourage complementary uses that
Will contribute to the economic well being of the residential areas of the City. The construction of
the proposed new dwellings will not significantly change the character of the neighborhood and is
architecturally consistent with both its sunToundings 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 use will not endanger or otherwise constitute it 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. to S P.M., Monday through Saturday with no construction to take place on Sundays or on any
legal holidays without prior approval by the City.
SECTI 4. The Planning Commission HEREBY APPROVES Tentative Parcel Map
26776 and Conditional Use Permits 02 -903, 02 -904, and 02 -905 for the subdivision of one
residential lot into three (3) parcels with the development of three new single - family residences,
located at 3323 -3327 Muscatel Avenue, subject to the 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 Ecbruary 3, 2003, by the following vote:
YES: LOT, ORTIZ, BREEN, HERRERA, ALARCON
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 ADOP'T'ED this f0 h- day of Fehr , y 200
Loi,
i
! •
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 18 ° i day of February,
2003, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Brad jA Johnson, Secretary
INK 11r1111' A
'r1';NTt1Tl VE 1'ARCG,L MAP 26776
CONDI'HONAL USE PERIA71"I' 02 -903
CONDITIONAL, USE PERMIT 02 -904
CONDITIONAL USE PERMIT 02 -905
3323 -3327 Muscatel Avenue
CONDITIONS OF APPROVAL,
Februar 3 2003
'rent alive faucet N4 a p 26776, Conch lional Use Permit 02 -903, Conclilional Use Pernd1.02 -904,
and Conditional Use Permit 02 -905 a r e a pproved for the subdivision Drone lot into three wish
three new single-family residences each with over 2,500 square feel in living area, to be
developed in accordance with the plan marked Exhibit "C" and submitted colored elevations
and color and material sample boards. Any revisions to the approved plans must be
resubmilled for review and approval by the Planning Departmenl,
2_ Approval of Tentative Parcel Map 26776, Conclilional Use Permit 02003, Conditional Use
hermit 05901 and Conclilional Use Permit 02 -905 shall not lake effect fdn any purpose until
the applicant has tiled with the City of Rosemead an affidavit staling that they are aware of
and accepts all of the conditions set forth in the letter ofapproval and this list of conditions.
3. Tentative parcel Map 26776, Conditional Use Permit 02 -903, Conditional Use Permit 02 -904,
and Conditional Use Permit 02 -905 are approved for a one-year period. Applicant shall make
progress towards initiation of proposed use or request an extension 30 clays prior to
expiration from the Planning Commission. Othenvise 'Tentative Parcel Map 26776 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 or the Planning Building, Fire, Shcrifl 1lcahh Dcpartmcits.
5_ Building permits will not be issued in connection with any project until such Lime as all plan
Check Ices, and all other applicable fees arc paid in full.
6, prior to issuance ofbuilding permits, all school fees shall be paid. The applicant shall provide
Me City with %v6llen verilicakon of compliance I'rom the Unified School District.
Z The hours of construction shall be limited from 7 P.M. to R P.M. noonday - Saturday. No
construction shall take place on Sundays or on any legal holidays without prior approval by
the City.
;. Planning man - shall have access to the subject property at any We during cons nslion to
monitor progress.
9. The conditions listed on this CxNbil "A" shall be copied directly onto development plans
submitted to the Planning and Building Departincnls for review.
10. Occupancy will not be granted until all improvements required by This approval have been
completed, inspected, and approved by the appropriate depanincri ST
1 1. Driveways and parking areas shall be surfaced and improved with Portland concrete cement
as shown on I xhMil "13 "; and therealler maintained in good serviceable coixhl ion,
12_ A wall and fence plan will be required if any perimeter fencing or walls arc proposed. 'rlie
colors and materials of the proposed fence shall be consistent or compliment the submi"ed
color and material board and Grst be approved by the Planning Department prior to
installation. A maximum Icnce /wall height ON" along the font property line and within the
front setback area and a maxinnun 6' high wall anywhere to the rear of the front yard setback
applies
13. PI iof to issuance: of Building permits, a landscape and irrigation plan shell be sihbmiM to the.
Planning Department for review, reflecting preliminary approval of landscapawe plan,
commonly referred to as 13xhibit C. Irrigation plan shall include automatic timcrs and
moisture sensors. All landscaping and in igalion shall be installed and completed prior to final
Planning Department approval.
14. 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
li om public view or adequately screened by landscaping or screening walls so as not to be
seen From the public right- ollway. 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. 'There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. All bash
and debris shall be CC) nlaincd within a Dash cnclosurc.
17. All roof top appurtenances and cquipmcnt shall adequately be screened from view to (lie
satisfaction of the Planning Department.
Is. The property shall be graded to chain to the street, but in no can shall such drainage be
allowed to sheet flow across public sidewalk. A grading and /or drainage plan shall be
preparecL submilled to and approved by (hcl3uildhg Official, and such grading and drainage
SUM! We place in accordance with Such approval plan.
19. The nunibcrs of (he address signs shall be at least 4" tall with a mininvu n character width of
IM ", contrasting in color and easily visible at driver's level fiom the street. IvIalenals, colors,
location and size Much address numbers shall be approved by the Director ofPlanning prior
to installation.
20, Applicant shall obtain a public works pcgWt for all work in or adjacent to the public
righl-of way.
21. Applicant shall install and complete all necessary public improvements, including but 1101
limited to street,. curbs, gutters, sicl walks, handicap ramps, and storm chains, along (hc cnfire .
street frontage of the development site as required by the Director of Planning.
22. All utilities shall be placed underground, including facilities and wires for the supply and
dish ibulion of electrical energy, telephone, cable television c(c. The underground conversion
of these utilities shall consider all future connections to the satisfaction of the Director of
Planning.
23, Ile dwelling unit shall be provided with water conservation fixtures such as low -hush Ioi%
and low -flow faucets. The hot water healer and lines shall be insulated, landscaping
irrigation systems shall be designed for high efficiency and irrigation timcrs progranuncd for
maximized water usage.
21 All rapfiremcnfs of die Building and Safety Department and Planning Dcparlmcut shall be
complied with prior to (he final approval of the proposed construction.
25. Prior to submittal I'or Plan Check, the stucco corner trims shall be removicehhv"i the
elevation of each proposed residence.
26, x1malion of the conditions ofapproval may result in citation and /or initiation of revocation
proceedings.
0
Cily Erhginecr's Recommended Conditions of Approval for
Tentative Parcel Map No. 26776
Page 'I
GENIJZAL
r]
1. Details shown on the tentative map are not necessarily approved. Any details Thal
are inconsistent with requirements of ordinances, general conditions of approval, or
Cily Engineer's policies must be specifically approved in the final map or
improvement Alen approvals.
2. A final parcel map prepared by, or under the direction of a Regislered Civil Engineer
aulliori-_ed to, practice land surveying, or a Licensed Land Surveyor, must be
processed Through the City Engineer's office prior to being tiled with the County
Recorder.
3. A preliminary subdivision guarantee is required showing all fee interest holders and
encunhbrances. An updated lice report shall be provided before the final parcel map
is released for filing with the County Recorder.
11, Monumenlalion of Marcel map boundaries, street centerline and lot boundaries is
required for a map based on a field Survey.
5. Final rcarcel rnkip shall be fled with the County Recorder and one (1) mylar copy of
Wed map shall be submilled to the City Engineers office. Prior to the release of the
final map by the City, a refundable deposit in the amount of $1,000 shall be
submitted by the developer to the City, YOU will be refunded upon receipt of the
mylar copy of the filed map.
G. Comply with all requirements of the Subdivision Map Act
7. Approval for filing of this land clivision is contingent upon approval of plans and
specificallons mentioned below. If the inhprovenhents are not installed prior to tie
filing of this division, the developer must submit an Undertaking Agreement and a
Faithful Performance and Labor and Materials Bond in the amount estimated by the
City E=ngineer guaranteeing the inslallation of the improvements
8. Hie City reserves the right to impose any new plan check and/or pennil fees
approved by City Council subsequent to tentative approval of this map.
DfZAINAGE AND GOADIN
9. Prior to the recordation of the final map, grading and drainage pla `is must he
approved to provide for contributory drainage from adjoining properties as approved
by the City Engineer, including dedication of the necessary easements.
City Engineer's Rec:onunended Conditions of Approval for
Tento[ive Parcel Map No, 26716
Page 7_
10. A grading and drainage plan must provide for each lot having an independent
damage system to the public street, to a public drainage facility, or by means of an
approved dainage easement.
'I1. Historical or existing slomy water flow from adjacent lots must be received and
directed by gravity to the street, a public drainage facility, or an approved drainage
eesemenl.
12. Developer must comply with the City's storm water ordinance
ROAD
13. Developer shall prepare a covenant, subject to City Engineer's approval, for ingress
and egress, utility and drainage easement, fire lane, and maintenance of the
driveway for Lots 2 and 3.
14. New drive approaches shall be constructed at least 3' from any abovegrowal
obslrudions in the public righkokway to the toll of "I or the obstruction shall be
relocalod.
15. Drive approaches shall be at least 10' nAde for Lot 1, and 15' wide for Lois 2 and 3
16. Existing drive approach on Muscatel Avenue shall be closed with full curb, gutter
and sidewalk.
17. Developer shall grant a 4' wide road deed dedication along the property froulage.
SEWEI=:
10, Approval of this land division is conlingent upon providing separate house sewer
laterals to serve each lot of [lie land division.
UTILITI
19. Power, telephone and cable lclevision service shall be underground.
20. Any utilities that are in conflict with the development shall be relocHted al the
developer's expense.
City Engineer's Recommended Conditions of Approval for
Terilative Parcel Map fvlo. 2077G
Page
WAT
ER
21. Prior to the filing of the final map, there shall also be filed wilh the City Engineer, a
statomenl from the water purveyor indicating subdivider compliance with the Fire
Chief's fire flow requiren'ienls.