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PC - 2002 - 21 - Approving Conditional Use Permit 02-866, for the Construction of a Single-Family Residence with a Living Area of over 2500 Square FeetPC RESOLUTION 02 -21 0 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 02 -866, FOR THE CONSTRUCTION OF A SINGLE - FAMILY RESIDENCE WITH A LIVING AREA OF OVER, 2,500 SQUARE FEET, LOCATED AT 3319 I VAR AVENUE IN THE R -1; SINGLE - FAMILY RESIDENTIAL ZONE. (APN: 5289- 012 -074). WHEREAS, on February 27, 2002, Paul Chan, property owner, 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 3319 Ivar Avenue in the R -1; Single - Family Residential zone; and WHEREAS, 3319 Ivar Avenue 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 criteriaby which a conditional use permit may be granted; and WHEREAS, on April 3, 2002, sixty -five (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 -866; and WHEREAS, on April 15, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 02 -866; 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 -866 is Categorically Exempt from environmental review as a Class 3 Exemption pursuant to Section 15303 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 -866 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 provision s 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 in which the property is located. 0 FINDING: This development has been designed to meet the zoning setbacks of the R -1; Single - Family Zone. The proposed residence has been designed not to create a negative impact to the subject site and actually complements the yard setbacks to the adjacent properties. B. The establishment, maintenance or conduct of the use for which the conditional use permit 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 -866, to allow the installation of an unmanned wireless telecommunications facility, on property located at 3319 Ivar 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 April 3, 2002, by the following vote: YES: ORTIZ, BREEN, LOI, HERRERA NO: NONE ABSENT: .ALA�GAI�I— 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 6 day of May 2002. William Alarcon, Chairman CERTIFICATION 0 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 6th day of May 2002 by the following vote: YES: NO: ABSENT: ABSTAIN: a l k' &02� William Crowe, Secretary EXHIBIT "A" CONDITIONAL USE PERMIT 02 -866 3319 WAR AVENUE CONDITIONS OF APPROVAL April 15, 2002 Conditional Use Permit 02 -866, is approved for the construction of a new single- family residence with a living area square footage of 3,035, to be developed in accordance with the plan marked Exhibit `B ", dated March 20, 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 -866, 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. Conditional Use Permit 02 -866 is approved for a 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, Conditional Use Permit 02 -866, 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. 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. 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). it. 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. I I ' 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. 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. 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.