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.
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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
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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.