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PC - 2002 - 23 - Approving Conditional Use Permit 02-867, Approving the Construction of a Single-family Residence with over 2500 Square Feet of Living AreaPC RESOLUTION 02 -23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 02 -867, APPROVING THE CONSTRUCTION OF A SINGLE - FAMILY RESIDENCE WITH OVER 2,500 SQUARE FEET OF LIVING AREA, TO BE LOCATED AT 9128 GUESS STREET IN THE R -1; SINGLE FAMILY RESIDENTIAL ZONE. (APN: 8594- 010 -008). WHEREAS, on February 27, 2002, Richard Hieu Lam submitted a conditional use permit application for the construction of an addition to a single - family residence creating a living area with over 2,500 square feet, located at 9128 Guess Street in the R -1, Single Family Residential Zone; and WHEREAS, 9128 Guess Street is located in the R -1; Single Family Residential Zone; and WHEREAS, Section 17.112.030.026 of the Rosemead Municipal Code (RMC) requires conditional use permits for residential dwelling units in the R -1 and R -2 zones that exceed 2,500 square feet of living area. Section 17.112.030.026 allows the granting of the Conditional Use Permit where such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the comprehensive general plan, and are not detrimental to surrounding property. 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, 17.1 12.010 of the Rosemead Municipal Code specifies the criteria by which a conditional use permit may be granted; and WHEREAS, on April 26, 2002, 65 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 -867; and WHEREAS, on May 6, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 02 -867, 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 -867 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 -867 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The establishment, maintenance or operation of the use under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood thereof. FINDING: The project is situated within a low density, single - family residential zoning district. The proposed project is for an addition to an existing single - family, residence. All development standards for the R- I zone have been met with the design of this addition. 0 0 B. The establishment, maintenance or operation of the use under the circumstances of the case will not be detrimental or injurious to the property and improvements in the neighborhood. FINDING: The proposed use is located within an established residential district of the City, and is designated Single- Family Residential in the General Plan. The proposed use is in conformity with the General Plan, as well as the Zoning Code. In addition, the proposed project is an existing use that will not be in conflict with established neighborhood districts. C. The project will not be detrimental or injurious to the general welfare of the City. FINDING: The proposed residential addition will be constructed in the rear of the property and will not be visible from the street. The applicant has added additional landscaping throughout the rear of the property, and an extra five feet to the side yard setback. It has been designed with a high level of design standards that incorporate architectural features including a second -story deck, accent columns and other aesthetically pleasing elements. The layout and design of this single - family residence will not create negative impacts to the general welfare of the City. SECTION 3 . The Planning Commission I- IEREBY APPROVES Conditional Use Permit 02- 867, to allow the construction of an addition to a single- family residence creating a living area with over 2500 square feet, on property located at 9128 Guess 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 May 6, 2002, by the following vote: YES: ALARCON, ORTIZ, BREEN, LOI, HERRERA 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 20th day ofMay2002. W A44y' -J 01 . Q4W/NN William Alarcon, Chairman CERTIFICATION 1 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 20th day of May 2002 by the following vote: YES: NO: ABSENT: ABSTAIN: William Crowe, Secretary n I EXHIBIT "A" CONDITIONAL USE PERMIT 02 -867 9128 GUESS STREET CONDITIONS OF APPROVAL May 6, 2002 Conditional Use Permit 02 -867, is approved for the construction of an addition to a single - family residence with a living area square footage of 3,170, to be developed 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 Conditional Use Permit 02 -867 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. 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. 5. 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. 6. 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. 7. Planning staff shall have access to the subject property at any time during construction to monitor progress. 8. The conditions listed on this Exhibit "A" shall be copied directly onto development plans submitted to the Planning and Building Departments for review. 9. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 10. 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. 11. 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. 12. 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. 13. No portion of any required front and /or side yards shall be used for storage of any type. 14. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. All trash and debris shall be contained within a trash enclosure. 15. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Department. 16. 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. 17. 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. 18. Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way: 19. 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. 20. 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. 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. Violation of the conditions of approval may result in citation and /or initiation of revocation proceedings. 24. The unpermilted storage shed and carport additions to the garage shall be removed prior to final inspection.