PC - 2002 - 22 - Approving Tentative Parcel Map No 26540, Conditonal Use Permit 02-868 and Conditional Use Permit 02-869 for the Subdivision of 2 Residential Lots into 4 Parcels with the Development of 4 New Singl-family ResidencesPC RESOLUTION 02 -22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING TENTATIVE
PARCEL MAP NO. 26540, CONDITIONAL USE PERMIT 02 -868 AND CONDITIONAL
USE PERMIT 02 -869 FOR THE SUBDIVISION OF TWO RESIDENTIAL LOTS INTO
FOUR (4) PARCELS WITH THE DEVELOPMENT OF FOUR NEW SINGLE - FAMILY
RESIDENCES, TWO WITH A LIVING AREA OVER 2,500 FEET, TO BE
LOCATED AT 2504 -2512 FALLINGLEAF AVENUE IN THE R -2; LIGHT MULTI-
FAMILY RESIDENTIAL ZONE. (APNs: 5284- 013 -002; 5284 -013 -001). "
WHEREAS, Mr. and Mrs. Yen Tran, 3226 North Muscatel Avenue, Rosemead,
California 91770, filed tentative parcel map and conditional use permit applications to reconfigure
two lots into four lots and for the construction of four residences, two larger than 2,500 square
feet in floor area, on November 1, 2001; and
WHEREAS, this property on Fallingleaf Avenue is located in the R -2; Light Multi -
Family Residential zoning district; and
WHEREAS, Section 17.20 et seq. of the Rosemead Municipal Code sets standards for
development of properties in the R -2 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 17.20.020 of the Rosemead Municipal Code allows flag lot
development within the R -2 zoning district; and
WHEREAS, Section 17.112.030.026 of the Rosemead Municipal Code specifies the
criteria by which a conditional use permit may be granted; and
WHEREAS, on April 4, 2002, notices were posted in 10 public locations and 63 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 26540 and Conditional Use
Permit Nos. 02 -868, and 02 -869; and
WHEREAS, on April 15, 2002, the Planning Commission held a duty noticed and
advertised public hearing to receive oral and written testimony relative to Tentative Parcel Map
26540 and Conditional Use Permit Nos. 02 -868 and 02 -869; 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 26540 and Conditional Use Permit Nos.
02 -868 and 02 -869 according to the criteria of Section 16.08.130 and Section 17.112.030.026,
respectively, of the Rosemead Municipal Code as follows:
Tentative Parcel Map Findings
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 medium
density light multi - family residential in both of these maps and the development complies with the
minimum lot dimension and size requirements of the R -2 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 two existing parcels into four parcels. All
four'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.
FENDING' Access to the proposed parcels is from Fallingleaf Avenue which is a fully
improved local street. No dedication to the public right -of -way is required for the protection of
public safety, health and welfare. 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 3 and 4.
Conditional Use Permit Findings
A. That the establishment of the project will not be detrimental to the health, safety,
peace, morals, comfort or general welfare of persons residing or working in the neighborhood.
. FINDING: The project is in conformance with the goals and policies of the City's
comprehensive general plan and zoning maps in relation to developing a project within the
allowable density and single family home development standards as outlined in these plans.
B. That the establishment of the project will not be detrimental or injurious to the property
and improvements in the neighborhood:
FINDING: The subject site is situated within an existing single - family neighborhood and
conditions have been added that will minimize the impact on adjacent residential properties.
C. That the establishment of the project will not be detrimental or injurious to the general
welfare of the City.
FINDING: The proposed flag lot subdivision has incorporated the construction of a six
foot wall around the perimeter of the site In addition, visual and architectural interest is
incorporated into the design of the building by recessed windows, by use of materials varying in
texture and color and by landscaping.
SECTION 3 . The Planning Commission HEREBY APPROVES Tentative Parcel Map
26540 and Conditional Use Permit Nos. 02 -868 and,02 -869 to reconfigure two parcels into four
parcels, and construct four homes, two larger than 2,500 square feet in living area, located at
2504 -2512 Fallingleaf Avenue (APN: 5284- 013 -002, 5284 -013 -001), subject to the 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 15, 2002, by the following vote:
YES: LOI, ORTIZ, BREEN, HERRERA Al-WON
NO: NONE
ABSENT: 04L
ABSTAIN: 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 6th day of May, 2002.
V �q�J�' dVV
William Alarcon, 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 6th day of May, 2002, by
the following vote:
YES:
NO:'
ABSENT:
ABSTAIN:
William Crowe, Secretary
0
TPM 26540, CUP 02 -868 02 -869
April 15, 2002
EXHIBIT A
TENTATIVE PARCEL MAP 26540
CONDITIONAL USE PERMIT 02 -868
CONDITIONAL USE PERMIT 02 -869
2504 -2512 Falling Leaf Avenue
CONDITIONS OF APPROVAL
April 15, 2002
.1. Tentative Parcel Map 26540, Conditional Use Permit 02 -868, and Conditional UsePemut 02-
869 are approved for the subdivision of two lots into four parcels with four new single- family
residences two with more than 2,500 square feet of living area, to be developed in accordance
with the plan marked Exhibit "B" and "Exhibit C" 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 26540, Conditional Use Permit 02 -868 and Conditional
Use Permit 02 -869 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.
Tentative Parcel Map 26540, Conditional Use Permit 02 -868 and Conditional Use Permit 02-
869 are approved for a two -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 26540 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).
11. Driveways and parking areas shall be surfaced and improved with Portland concrete cement
as shown on Exhibit °C'; 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
TPM 26540, CUP 02 -868 02 -869
April 15, 2002
Planning Department for review, reflecting preliminay approval of landscape /site plan,
commonly referred to as Exhibit C. 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.
s �
TAU 26540, CUP 02 -868 02 -869
April 15, 2002
CITY ENGINEER'S RECOMMENDED CONDITIONS OF APPROVAL
FOR TENTATIVE PARCEL MAP 26540
GENERAL
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 Parcel 1
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 issuance of building permits.
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.
S. 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 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 prepare a covenant, subject to City Engineer's approval, to allow cross lot
drainage.
13. Developer must comply with the City's storm water ordinance.
14. 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 driveway for Lots 3
and 4.
15. Lots 1 and 2 shall have an independent drive approach.
16. New drive approaches shall be constructed at least 3' from any above - ground obstructions in
the public right -of -way to the top of "x" or the obstruction shall be relocated.
17. Drive approaches shall be at least 10' wide for Lots 1 and 2 and 15' wide for Lots 3 and 4.
SEWER
18. Approval of this land division is contingent upon providing separate house sewer laterals to
serve each lot of the land division.
UTILITIES
19. Power, telephone and cable television service shall be underground.
20. Any utilities that are in conflict with the development shall be relocated at the developer's
expense.
WATER
21. Prior to the filing of the final map, there shall also be filed with the City Engineer, a statement
from the water purveyor indicating subdivider compliance with the Fire Chief's fire flow
requirements.
j