Loading...
PC - 2002 - 52 - Approving Zone Variance 02-320, For The Construction Of A Single-family Residence With Less Than The Required Second-Story Side Year Setback, Located At 3041 Earle AvenuePC RESOLUTION 02 -52 0 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING ZONE VARIANCE 02 -320, FOR THE CONSTRUCTION OFA SINGLE - FAMILY RESIDENCE WITH LESS THAN THE REQUIRED SECOND -STORY SIDE YARD SETBACK, LOCATED AT 3041 EARLE AVENUE IN THE R -2; LIGHT MULTI - FAMILY RESIDENTIAL ZONE. (APN: 5288- 005 -042). WHEREAS, on September 23, 2002, Giovanni Calix, property owner, filed an application for a zone variance for the construction of a single - family residence with less than the required second - story side yard setback, located at 3 04 1 Earle Avenue; and WHEREAS, 3041 Garvey Avenue is located in the R -2; Light Multi - Family Residential zone, and WHEREAS, Section 17.20.060 of the Rosemead Municipal Code, (RMC), requires a ten - foot side yard setback for the second story portion of a single - family dwelling. 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. Ifone ofthese 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, Sections 17.108.020 of the Rosemead Municipal Code specifies the criteria by which a zone variance may be granted; and WI I EREAS, on October 9, 2002, 46 notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in 12 public locations, specifying the availability of the application, plus the date, time and location of the public hearing for Zone Variance 02 -320, and WHEREAS, on October 21, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Zone Variance 02 -320; and Will EREAS, 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 Zone Variance 02- 320 is Categorically Exempt from environmental review as a Class 5 Exemption pursuant to Section 15305 of the California Environmental Quality Act (CEQA). SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Zone Variance 02 -320 accorditig to the Criteria of Chapter 17.108.020 of the Rosemead Municipal Code as follows: 0 0 A. The project does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity. FINDING: The subject property is a narrow lot of only forty (40) feet in width. The size of the lot allows for two - single- family dwellings according to the lot size requirements of the R -2: Light Multi - Family Residential zone. Many of the properties surrounding the site are developed with two single - family dwellings. This site will be operated 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: This project has been designed to meet the setback requirements of the R -2: Light Multi - Family Residential zone, with the exception of the second -story side yard setback along the south property line. The proposed residence will be set back farther on the property and will not be constructed directly across from an adjacent dwelling on the south side. The placement of the second -story windows and the addition of a landscape buffer along the south property line will mitigate any potential adverse impacts that may arise as a result of the proposed single - family dwelling. 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 the policies of the General Plan encourage complementary uses that will contribute to the economic well being of the City. D. That because of special circumstances, the strict enforcemempf 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. Many of the surrounding properties are developed with two single - family dwellings. Also, the addition of the proposed dwelling will vastly improve the subject property. SECTION 3 . The Planning Commission HEREBY APPROVES Zone Variance 02 -320, to allow the construction of a single- family dwelling with less than the required second -story side yard setback, on property located at 3041 Earle Avenue, 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 October 21, 2002, by the following vote: YES: LOI, BREEN, ALARCON, HERRERA NO: NONE ABSENT: ORTIZ 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 4 °i day of November 2002, Due Loi, 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 4' day of November 2002 by the following vote: YES: NO: ABSENT: ABSTAIN: Bra4Wrd Johnson, Secretary i • Rosennead Planning Commission 7one Variance 02 -320 Oclober 21, 2002 - Page 5 of 6 EXHIBIT A ZONE VARIANCE 02 -320 3041 Earle Avenue CONDITIONS OF APPROVAL October 21, 2002 l . Zone Variance 02 -320 is approved for the development of a new single- family residence with less than the required second -story side yard setback in the R -2; Light Multi - Family Residential zone in accordance with the plan marked Exhibit `B ". Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2.. Approval of Zone Variance 02 -320 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he /she is aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions. 3. Zone Variance 02 -320 is approved for a period of one (1) year. Applicant shall make progress towards initiation of proposed use or request 30 days prior to expiration from the Planning Commission. Otherwise Zone Variance 02 -320 shall become null and void. 4. Prior to occupancy approval, four 24" box Crape Myrtle trees shall be installed every 25 feet along the side yard setback of the south property line, adjacent to the new residence. 5. 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. 6. 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. 7. 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. 8. 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. 9. Planning staff shall have access to the subject property at any time during construction to monitor progress. 10. The conditions listed on this Exhibit "A" shall be copied directly onto development plans submitted to the Planning and Building Departments for review. IL Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 12. 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. 13. Prior to issuance of building permits, a wall and fence plan will be required. 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. Rosemead Planning Commission Zone Parionce 02 -320 October 21, 2002 Page 6 of 6 14. 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 B. Irrigation shall include automatic timers and moisture sensors. All landscaping and irrigation shall be installed and completed prior to final Planning Department approval. 15. 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 screening shall be approved by the Director of Planning before installation. 16. No portion of any required front and /or side yards shall be used for storage of any type. 17. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Department. 18. 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. 19. 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. 20.. Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 21. 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. 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. Violation of the conditions of approval may result in citation and /or initiation of revocation proceedings.