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PC - 2002 - 11 - Approving Zone Variance 01-313 and Conditional Use Permit 01-859 Approving the Construction of a Single-Family Residence with over 2500 Sq Ft of Living Area with less than the Required Rear Yard Setback, a Variance from RMC Sec 17.12.150PC RESOLUTION 02 -11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING ZONE VARIANCE 01 -313 AND CONDITIONAL USE PERMIT 01 -859 APPROVING THE CONSTRUCTION OF A SINGLE- FAMILY RESIDENCE WITH OVER 2,500 SQUARE FEET OF LIVING AREA WITH LESS THAN THE REQUIRED REAR YARD SETBACK, A VARIANCE FROM ROSEMEAD MUNICIPAL CODE SECTION 17.12.150, LOCATED AT 3031 ROSEMEAD PLACE, IN THE R -1; SINGLE- FAMILY RESIDENTIAL ZONE. (APN: 5289- 019 -066). WHEREAS, Hung Tran, property owner of 3031 Rosemead Place, filed applications for a zone variance and conditional use pen for the construction of a single- family.residence with over 2,500 square feet of living area with less.than the required rear yard setback, a variance from Rosemead Municipal Code Section 17.12.150; and WHEREAS, EREAS, 3031 Rosemead Place is in the R -1; Single- Family Residential Zoning District; and WHEREAS, Section 17.108.020 oflhe Rosemead Municipal Code (RMC) requires a Zone Variance and Section 17.112.030.026 of RMC requires Conditional Use Permit for the construction of a single - family residence with over 2,500 square feet of living area with less than the required rear yard setback; and WHEREAS, Sections 65800 and 65900 inclusive, of the California Government Code, and Sections 17.108 and 17.112.010 of the Rosemead Municipal Code (RMC) authorize the Planning Commission to approve, conditionally approve or deny Zone Variances and Conditional Use Pennits; and WHEREAS, Sections Section 17.112.030.026 and Section 17.12.150 of the Rosemead Municipal Code specifies the criteria by which a conditional use permit and a zone variance may be granted; and WHEREAS, on .lanuary 9, 2002, 38 notices were posted in 10 public locations and sent to property owners within a 300 -foot radius from the subject property specifying the availability of the application, plus the date, time and location of the public hearing for Zone Variance 0 1 -313 and Conditional Use Permit 01 -859; and WHEREAS; on January 21, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Zone Variance No. 01 -313 and Conditional Use Permit 01 -859; 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 Zone Variance 01- 313 and Conditional Use Permit 01 -859 are Categorically Exempt from environmental review pursuant to Sections 15305 and 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 Zone Variance 0 1 -3 13 and Conditional Use Permit 01 -859 according to the Criteria of Section 17.12.150 and Section 17.112.030.026 of the Rosemead Municipal Code as follows: 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 development has been designed to meet the zoning setbacks, with an exception to the front yard setback, of the R -l; Single - Family Zone. Though the zone variance affects the rear yard setback, it has been designed not to create a negative impact to the subject site and actually complements the yard setbacks to the adjacent properties. B. Be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity; FINDING: The proposed development consists of the construction of a new residence, which is in compliance with the land use allowed in its zoning designation. C. Adversely affect the comprehensive general plan; and 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. 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 classifications. FINDING: Due to the design layout of the development and its location, the requested zone variance from the rear yard setback will not greatly deprive the subject property of privileges conceded in its zoning district. E. That the granting of such conditional use permit 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. FINDING: The site will be developed in accordance with applicable City regulations and is in conformity with the development in and around the project site. In comparison to surrounding residences, development on the subject site would be somewhat significantly greater. Adverse impacts to the character of the surrounding neighborhood will be mitigated and architectural interest is added to the project by varying roof ridgelines, setting the second story further back than the first, and incorporating varied roof lines, bay and arched windows, and other aesthetically pleasing elements. F. ' Architecture of the dwelling shall be consistent with and /or complementary to the surrounding neighborhood to assure the neighborhood's integrity and the character of the community. FINDING: The proposed project is in conformity with applicable Zoning and General Plan regulations of the City of Rosemead. The lots in this area are deep and can support larger homes than are presently existing. In addition, some of the homes on this street are reaching the end of their life expectancy. Future new homes will be constructed to maximize the lot areas and will range front 2,000 to 3,000 square feet in size. SECTION 3 . The Planning Commission HEREBY APPROVES Zone Variance 0 1 -313 and Conditional Use Permit 01 -859 for the construction of a single- family residence with over 2,500 square feet of living area with less than the required rear yard setback, a variance from Rosemead Municipal Code Section 17.12.150, on property located at 3031 Rosemead Place. SECTION 4 . This resolution is the result of an action taken by the Planning Commission on January 21, 2002, by the following vote: YES: LOI, ALARCON, BREEN, ORTIZ, HERRERA NO: NONE ABSENT: NONE ABSTAIN: NONE 11 J 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 4 "' day of February 2002. William Alarcon, Chairman 0 0 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 4 ° i day of February 2002 by the following vole: YES: NO: ABSENT: ABSTAIN: William Crowe, Secretary • 0 Rosemead Plaiting Commission Conditional Use Pei mil 01 -359, Zone Variance 01 -313 January 21, 2002 Page 6 of 7 EXHIBIT A CONDITIONAL USE PERMIT 01 -859 ZONE VARIANCE O1 -313 3031 Rosemead Place CONDI'T'IONS OF APPROVAL .lamtary 21, 2002 Conditional Use Permit 01 -859 and 'Zone Variance 01 -313 are approved for the development of a new single - family residence with a living area over 2,500 square feet and for a variance to construct with less than the required rear yard setback in the R- I; Single- Family Residential zone in accordance with the plan marked Exhibit "B ". Any revisions to the approved plans must be resubmilled for review and approval by the planning Department. 2. Approval of Conditional Use permit 01 -859 and Zone Variance 01 -313 shall not take effect for any purpose until the applicant has filed with the City of Rosemead an notarized affidavit stating that he /she is aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions. 3. Conditional Use Permit 01 -859 and Zone Variance 01 -313 are approved for a period of one (1) year. Applicant shall make progress towards initiation of proposed use or request 30 days prior to expiration from the Planning Commission. Otherwise Conditional Use Permit 01 -859 and Zone Variance 01 -313 shall become null and void. 4. The applicant shall comply with all Federal, Slate 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 front 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 lake 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. 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 'B'; and thereafter maintained in good serviceable condition. 12. Prior to issuance of building permits, a wall and fence plan will be required. 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 Planting 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. - Rosemead Planning Commission Conditional Use Permit 01 -859, Zone Gmiance 01 -313 Janam r 21, 2002 Page 7 of 7 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, commonly referred to as Exhibit D. Proposed landscaping shall include varying vegetation, such as new Marathon Lawn sod, four 15- gallon Brisbane Box trees along the rear yard area adjacent to the neighboring properties and at the street front corner, shrubs such as New Zealand Flax and Coyote Brush, and Red Apple evergreen ground cover. 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 required front and /or side yards shall be used for storage of any type. 16. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Department. 17. The properly shall be graded to drain to the street, but in no case shall such drainage be allowed to sheet {low 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 casily, 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 e(Iuipment) shall be screened by screening walls and /or landscaping to the satisfaction oflhe Planning Department. 22. All utilities shall be placed underground including facilities and wires for the supply and distribution of clecnical energy, telephone, cable television etc. "file underground conversion of these utilities shall consider all future connections to the satisfaction of the Director of Planning. 23. 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. 24. All requirements of the 131-lilding and Safety Department and Planning Department shall be complied with prior to (lie final approval of the proposed construction. 25. Violation of the conditions of approval may result in citation and /or initiation of revocation proceedings.