PC - 2002 - 32 - Approving Tentative Parcel Map No. 26545 and Zone Variance 02-315 for Subdivision of 1 Residential Lot into 3 Parcels with Development of 2 New Single-family Residences, with 1 existing residence w/ less than Required Side Yard SetbackPC RESOLUTION 02 -32
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING TENTATIVE
PARCEL MAP NO. 26545 AND ZONE VARIANCE 02 -315 FOR THE SUBDIVISION OF
ONE RESIDENTIAL LOT INTO THREE (3) PARCELS WITH THE DEVELOPMENT OF
TWO NEW SINGLE- FAMILY RESIDENCES, WITH ONE EXISTING RESIDENCE TO
REMAIN WITH LESS THAN THE REQUIRED SIDE YARD SETBACK, TO BE
LOCATED AT 4324 RIO. HONDO AVENUE IN THE R -1; SINGLE- FAMILY
RESIDENTIAL ZONE. (APN: 8592 -0,17 -012).
WHEREAS, Hung Xuong Truong, 4324 Rio Hondo Avenue, Rosemead, California
91770, filed tentative parcel map and zone variance applications to reconfigure one lot into four
lots for the construction of two residences, with one remaining residence with less than the
required side yard setback, on December.3, 2001; and
WHEREAS, this property on Rio Hondo 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 R -1 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
WHEREAS, Sections 66473.5 and 66474 of the California Government Code (Map Act)
and 16.08.130 of the Rosemead Municipal Code specify the criteria by which a subdivision map
may be granted; and
WHEREAS, Section 17.16.140 of the Rosemead Municipal Code allows flag lot
development within the R -1 zoning district; and
WHEREAS, Section 17.16.060 of the Rosemead Municipal Code specifies the criteria by
which a zone variance may be granted for less than the required side yard setback, a variance from
Rosemead Municipal Code Section 17.16.060; and
WHEREAS, on May 23, 2002, notices were posted in 12.public locations and.57 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 26545 and Zone Variance
02 -315; and
WHEREAS, on June 3, 2002, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Tentative Parcel Map
26545 and Zone Variance 02 -315; 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 this activity is
exempt from further CEQA review under section 15315 of CEQA which exempts projects limited
to the subdivision of certain properties in urban areas into four or fewer parcels. '
SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Tentative Parcel .Map 26545 and Zone Variance 02 -315
according to the criteria of Section 16.08.130 and Section 17.16.060, respectively, of the
Rosemead Municipal Code as follows:
Tentative Parcel Map Findings .
0
A. The proposed lot reconfiguration 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 lot reconfiguration in that .a six foot block wall between the reconfigured lots and
adjacent residential property will be installed, all utilities shall be installed underground, and the
proposed lot sizes exceed the minimum requirements of the City's flag lot ordinance.
B. The proposed lot reconfiguration 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: Single - family home development complies with the zoning district and general
plan designation that encompass this portion of the City. This area is designated as low density
single- family residential in both of these maps and the development complies with the minimum
lot dimension and size requirements of the R -1 zoning district.
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. All
three proposed parcels meet the minimum parcel size and property dimension requirements.
D. All streets, alleys and driveways proposed to serve the property have been dedicated or
such dedication is not required for the protection of public 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: Access to the proposed parcels is from Rio Hondo Avenue which is a fully
improved local street. The private common driveway is twenty (20) feet wide as required by the
Los Angeles County Fire Department.
E. Alley easements and covenants required for the approval of the tentative 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 for ingress and egress, utility and drainage easement, fire lane, and maintenance of
driveway for Lots 2 and 3:
Zone Variance Findings
A. The proposed use has been developed so as not to constitute a grant of special privilege `
inconsistent with the limitations upon other properties in the vicinity.
FINDING: This project has been designed to meet the zoning requirements of the R -1
Single- Family Residential zone, with an exception to the side yard setback for the existing
residence. The existing residence will remain unchanged and conditions have been added to
alleviate any potential impacts that might occur.
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: The subject site is situated within an existing single - family neighborhood and
is designated Low Density Residential in the General Plan. The proposed development is similar
to other subdivision projects located in the City and in the immediate vicinity of the subject.
property on Rio Hondo Avenue.
C. That the project will not adversely affect the comprehensive General Plan.
FINDING: The proposed project will not endanger or otherwise constitute a menace to
the surrounding properties as conditions of approval have been incorporated upon the issuance of
this zone variance requiring improvements to the subject property, limitations to hours of
construction. and the overall maintenance of the site.
D. 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.
FINDING: There are several flag -lot subdivisions, similar to the proposed project,
located on Rio Hondo Avenue. There will be two new residences constructed, with one
existing single - family residence to remain. Because the the Los Angeles County Fire
Department requires a 20 -foot wide access leg for the rear two lots, the existing front
residence will not be able to meet the side setback requirement. There are no impacts that
are expected to occur due to the granting of this zone variance.
SECTION 3 . The Planning Commission HEREBY APPROVES Tentative Parcel Map
26545 and Zone Variance 02 -315 to reconfigure one parcel into three parcels, and construct two
single- family residences, with one existing residence to remain with less than the required side
yard setback, located at 4324 Rio Hondo Avenue (APN: 8592- 017 -012), subject to the conditions
listed in Exhibit "A" attached hereto and incorporated herein by reference.
SECTION 4
on June 3, 2002, by
YES:
NO:
ABSENT:
ABSTAIN:
This resolution is the result of an action taken by the Planning Commission
the following vote:
LOI, ORTIZ, BREEN, HERRERA, ALARCON
NONE
NONE
NONE
SECTION 6 . 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 17th day of June, 002.
G
uid 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 17th day of June, 2002,'
by the following vote:
f.
u
I
I
YES:
NO:
ABSENT:
ABSTAIN:
LOI, ORTIZ, BREEN, HERRERA, ALARCON`
NONE
NONE
NONE
• - 7PM 26545,ZV 02 -315
June 03, 2002
Page 4 of 8
EXHIBIT "A'
TENTATIVE PARCEL MAP 26545
ZONE VARIANCE 02 -315
4324 Rio Hondo Avenue
CONDITIONS OF APPROVAL
t :
June 3, 2002
1. Tentative Parcel Map 26545 and Zone Variance 02 -315, are approved for the subdivision of
one lot into three with one existing residence and two new single - family residences one with
less than the required side setback, to be developed in accordance with the plan marked
Exhibit `B" 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 Tentative Parcel Map 26545 and Zone Variance 02 -315, 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. Tentative Parcel Map 26545 and Zone Variance 02 -3 15 are approved fora one -year period.
Applicant shall make progress towards initiation of proposed use or request an extension 30
days prior to expiration from the Planning Commission. Otherwise Tentative Parcel Map
26545 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.
11
Occupancy will not be granted until all improvements required by this approval. have been
completed, inspected, and approved by the appropriate department(s).
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. ' A wall and fence plan will be required if any perimeter fencing or walls are proposed. 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..
.13. 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,
• - 7Pb126545,ZI -315
Jane 03, 2002
Page 5 of 8
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.
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
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.
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 trash
and debris shall be contained within a trash enclosure.
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. 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.
23. All utilities shall be placed underground including facilities and wires for the supply and
distribution of electrical energy, telephone, cable television etc. The underground conversion
of these utilities shall consider all future connections to the satisfaction of the Director of
Planning.
24. 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.
25. All requirements of the Building and Safety Department and Planning Department shall be
complied with prior to the final approval of the proposed construction.
26. Violation of the conditions of approval may result in citation and /or initiation of revocation
proceedings.
City Engineer's Recommended Conditions of Approval for .
Tentative Parcel Map No. 26545
Page 1
GENERAL
1. Details shown on the tentative map are not necessarily approved. Any details
which are inconsistent with requirements of ordinances, general conditions of
approval, or City Engineer's policies must be specifically approved in the final map
or improvement plan approvals.
2. A final parcel map prepared by, or under the direction of a Registered Civil
Engineer authorized to practice land surveying, or a Licensed Land Surveyor, must
be processed through the City Engineer's office prior to being filed with the County
Recorder.
3. A preliminary subdivision guarantee is required showing all fee interest holders and
encumbrances. An updated title report shall be provided before the final parcel
map is released for filing with the County Recorder.
4. Monumentation of parcel map boundaries, street centerline and lot boundaries is
required for a map based on a field survey.
5. Final parcel map shall be filed with the County Recorder and one (1) mylar copy of
filed map shall be submitted to the City Engineer's 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, which will be refunded upon receipt of the
mylar copy of the filed map.
6. Comply with all requirements of the Subdivision Map Act.
7. Approval for filing of this land division is contingent upon approval of plans and
specifications mentioned below. If the improvements are not installed prior to the
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 Engineer guaranteeing the installation of the improvements.
8. The City reserves the right to impose any new plan check and /or permit fees
approved by City Council subsequent to tentative approval of this map.
DRAINAGE AND GRADING
9. Prior to the recordation of the final map, grading ,and drainage plans must, be
approved to provide for contributory drainage from adjoining properties as approved
City Engineer's Recommended Conditions of Approval for
Tentative Parcel Map No. 26545
Page 2
by the City Engineer, including dedication of the necessary easements.
10. A grading and drainage plan must provide for each lot having an independent
drainage system to the public street, to a public drainage facility, or by means of an
approved drainage easement.
11. Historical or existing storm water flow from adjacent lots must be received and
directed by gravity to the street, a public drainage facility, or an approved drainage
easement.
12. Developer shall 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 private
driveway for Lots 3 and 2.
14. Lot 1 shall have an independent drive approach.
15. New drive approaches shall be constructed at least 3' from any above - ground
obstructions in the public.right -of -way to the top of 'Y' or the obstruction shall be
relocated.
16.. Drive approach,shall. be at least 20' wide for lots 2 and 3 and 10' wide for lot 1. `.
SEWER
.17. Approval of this land division is contingent upon providing separate house sewer
laterals to serve each lot of the land division.
UTILITIES
18.' Power, telephone and cable television service shall be underground.
19. Any utilities that are in conflict with the development shall be relocated at the,
developer's expense.
WATER