PC - 2002 - 50 - Approving Conditional Use Permit 02-898, For The Construction Of A Single-family Residence With A Living Area Of Over 2500 Square Feet, Located At 3732 Temple City BoulevardPC RESOLUTION 02 -50
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 02 -898, FOR THE
CONSTRUCTION OF A SINGLE - FAMILY RESIDENCE WITH A LIVING
AREA OF OVER, 2,500 SQUARE FEET, LOCATED AT 3732 TEMPLE CITY
BOULEVARD IN THE R -1; SINGLE - FAMILY RESIDENTIAL ZONE. (APN:
8593- 026 -014).
WHEREAS, on September 24, 2002, Binh K. Do, project architect, submitted a conditional
use permit application for the construction of a single - family residence with a living area of over
2,500 square feet, located at 3732 Temple City Boulevard in the R - I, Single - Family Residential zone;
and
WHEREAS, 3732 Temple City Boulevard is located in the R -1; Single - Family Residential
Zone; and
WHEREAS, Section 17.112.030.026 of the Rosemead Municipal Code (RMC) allows "for
residential dwelling units in the R -1 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 is deemed:
• Essential or desirable to the public conveniences or welfare;
• In harmony with the elements or objectives of the General Plan, and,
• Not to be detrimental or injurious to surrounding property; and
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 17.112.010 of the Rosemead Municipal Code specifies the criteria by
which a conditional use permit may be granted; and
WHEREAS, on September 26, 2002, fifty -three (53) notices were sent to property owners
within a 300 -foot radius from the subject property, in addition to notices posted in 10 public
locations, specifying the availability of the application, plus the date, time and location of the public
hearing for Conditional Use Permit 02 -898; and
WHEREAS, on October 7, 2002, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 02-
898; 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 Conditional Use
Permit 02 -898 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 -898 according to the Criteria of Chapter
17.112.010 of the Rosemead Municipal Code as follows:
A. The conditional use permit applied for is authorized by the provisions of this title and that
the granting of such conditional use permits will not adversely affect the established character of the
surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone
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in which the property is located.
FINDING: This development has been designed to meet the zoning setbacks of the R -1;
Single- Family Residential Zone. Also, development on this subject site would not be significantly
greater than some of the surrounding properties. In addition, Temple City Boulevard is a highly
traveled vehicular road, not a traditional local street in which a larger house might create a looming
presence.
B. The establishment, maintenance or conduct of the use for which the conditional use pemvt
is sought will not, under the particular case, be detrimental to the health, safety, morals, comfort,
convenience or welfare of persons residing or working in the neighborhood.
FINDING: The proposed use is located within an established residential district of 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 the General Plan encourage complementary uses that will
contribute to the economic well being of the residential areas of the City.
C. The granting of such conditional use permit will not adversely affect the General Plan of
the City.
FINDING: The General Plan land use designation for the subject site is Low Density
Residential; therefore, this residential development complies with its designation and will not
negatively impact the general plan.
SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 02-
898, to allow the construction of single - family residence with more than 2,500 square feet of living
area, on property located at 3732 Temple City Boulevard, 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 7, 2002, by the following vote:
YES: ORTIZ, BREEN, LOI, 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 ADOPTED this 21" day of October 2002.
G�
Loi, Chairman
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CERTIFICATION
`
I hereby certify that the foregoing is a true copy of resolution adopted by the Planning Commission
of the City of Rosemead at its regular meeting, held on the 21" day of October 2002 by the following
vote:
YES:
NO:
ABSENT:
ABSTAIN:
J
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EXHIBIT "A"
CONDITIONAL USE PERMIT 02 -898
3732 TEMPLE CITY BOULEVARD
CONDITIONS OF APPROVAL
October 7, 2002
1. Conditional Use Permit 02 -898, is approved for the construction of a new single- family
residence with a living area square footage of 2,929, to be developed in accordance with the
plan marked Exhibit `B ", dated September 24, 2002, 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 Permit 02 -898, 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. 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.
4. Conditional Use Permit 02 -898 is approved for one year from the date of approval. If no
request for extension is made within thirty (30) days of expiration of this permit or no
progress has been initiated toward the project then this permit shall become null and void.
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 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. 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 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 screening shall be approved by the Director of
Planning before installation.
14. No portion of any required front 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 trailers. 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 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. 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.
22. All requirements of the Building and Safety Department and Planning Department shall be
complied with prior to the final approval of the proposed construction.
23. A fencing plan shall be submitted prior to issuance of permits indicating a decorative block
wall style to be approved by the Planning Department prior to issuance of building permits.
24. Violation of the conditions of approval may result in citation and /or initiation of revocation
proceedings.