Loading...
PC - 2002 - 10 - Approving Zone Variance 01-311 Approving the Construction of a Residential Addition with less tha the Required Lot Size, a Variance from RMC Sec 17.20.0800 PC RESOLUTION 02 -10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING ZONE VARIANCE O1 -311 APPROVING THE CONSTRUCTION OF A RESIDENTIAL ADDITION WITH LESS THAN THE REQUIRED LOT SIZE, A VARIANCE FROM ROSEMEAD MUNICIPAL CODE SECTION 17.20.080, LOCATED AT 2722 CHARLOTTE AVENUE IN THE R -2; LIGHT MULTI - FAMILY RESIDENTIAL ZONE. (APN: 5283- 008 -005). WHEREAS, Gilberto Rivera, property owner of 2722 Charlotte Avenue filed an application for a zone variance for the construction of a residential addition with less than the required lot size, a variance from Rosemead Municipal Code Section 17.20.080; and WHEREAS, 2722 Charlotte Avenue is in the R -2; Light Multi - Family Residential Zoning District; and WHEREAS, Sections 17.20.080 of the Rosemead Municipal Code (RMC) requires a Zone Variance for the construction of residential addition with less than the required lot size, avariance from Rosemead Municipal Code Section 17.20.080; and WHEREAS, Sections 65800 and 65900 inclusive, of the California Government Code, and Section 17.112.010 of the Rosemead Municipal Code (RMC) authorize the Planning Commission to approve, conditionally approve or deny Zone Variances; and WHEREAS, Section 17.20.080 of the Rosemead Municipal Code specifies the criteria by which a zone variance may be granted; and WHEREAS, on January 9, 2002, 39 notices were posted in 10 public locations and sent to property owners within a 300 -fool radius from the subject property specifying the availability of the application, plus the date, time and location of the public hearing for Zone Variance 01-311; 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 -31 1; 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 H EREBY DETERMINES that Zone Variance 01- 31 l is Categorical ly Exempt from environmental review pursuant to Sections 15305 and 15303(a) of the Cali fornia Environmental Quality Act (CEQA). SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to j usti fy approving Zone Variance 0 1 -31 I according to the Criteria of Section 17.20.080 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 lot size, of the R -2; Light Multi - Family Zone. Though the zone variance affects the lot size, the proposed addition has been designed not to create a negative.impact to the subject site and although, it does not meet the yard setbacks for its zoning district, it has been designed as to not impact adjacent properties. • • B. Be materially detrimental to the public health or welfare or injurious to the property or improvement in such zone or vicinity; FINDING: The proposed addition is limited to 432 square feet.and will apply to an existing small residence that has a square footage of 700 square feet. The existing lot size is nearly half the size of the required lot for the zoning district. C. Adversely affect the comprehensive general plan; and FINDING: The General Plan land use designation for the subject site is Medium Density Residential; therefore, this residential development complies with its designation and will not negatively impact the general plan. D. Thal 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 classi fications. FINDING: Due to the lot size being established prior to the incorporation of the city and the enactment of the zoning setbacks, the requested zone variance from the required lot size will not greatly deprive the subject property of privileges conceded in its zoning district. SECTION 3 . The Planning Commission HEREBY APPROVES Zone Variance 01 -311 for the construction of a residential addition with less than the required lot size, a variance fi - om Rosemead Municipal Code Section 17.20.080, on property located at 2722 Charlotte Avenue. 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 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 4th day of February 2002. William Alarcon, Chairman CERTIFICATION 1 hereby certify that the foregoing is a true copy of a resolution adopted by the Planiung Commission of the City of Rosemead at its regular meeting, held on the 4th day of February 2002 by the following vote: YES: NO: ABSENT: ABSTAIN: tie ---�- William Crowe, Secretary • • Rosemead Planning Commission Zone Variance 01 -311 Ja nun+ 21, 2002 Page 4 of EXHIBIT A ZONE VARIANCE O1 -311 2722 Charlotte Avenue CONDITIONS OF APPROVAL January 21, 2002 1. Zone Variance 0 1 -3 11 is approved for the construction of a residential addition with less than the required lot size, 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 Zone Variance 01 -311 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. 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 Realth 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. The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday through Saturday. No construction shall take place on Sundays or on any legal holidays without prior approval by the City. 6. Planning staff shall have access to the subject property at any time during construction to monitor progress. 7. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Department. 8. The numbers of the address signs shall be at least 6" tall with a minimum character width of 1/4 ", contrasting in color and easily visible at driver's level from the street. The location, color and size of such sign shall be subject to the approval of the Planning Director. 9. Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 10. A permanent maintenance program of all landscaping shall be provided insuring regular irrigation, fertilization and weed abatement. 11. The conditions listed on this Exhibit "A' shall be copied directly onto any development plans subsequently submitted to the Planning and luilding Departments for review. 12. Occupancy will not be granted until all improvements required by this approval have been completed , inspected, and approved by the appropriate department(s). 13. A wall or fence plan will be required if any perimeter fencing of 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 the 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. r � J Rosemead Planning Commission Zone Variance 01 -311 Jarmmy 21, 2002 Page 5 of 5 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 Oom 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. 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 ofthe development site as required by the Director of Planning. 18. 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 Planning Director. 19. All requirements of the Building and Safely Department and Planning Department shall be complied with prior to the final approval of the proposed construction. 20. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings. 21. Remove existing canopy located on the driveway in the front yard area.