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PC - 2002 - 07 - Approving Zone Variance 01-312, Approving a Variance from Section 17.20.080 of the RMC to Construct a Residential Addition with less than Required Lot SizeS � PC RESOLUTION 02 -07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING ZONE VARIANCE O1 -312, APPROVING A VARIANCE FROM SECTION 17.20.080 OF THE ROSEMEAD MUNICIPAL CODE TO CONSTRUCT A RESIDENTIAL ADDITION WITH LESS THAN THE REQUIRED LOT SIZE, LOCATED AT 9061 NEWBY AVENUE IN THE R -2; LIGHT MULTI - FAMILY RESIDENTIAL ZONE (APN: 5391- 016 -014). WHEREAS, on December 11, 2001, Loc V. Trenh of 1909 Denton Avenue #B, San Gabriel, Ca, 91776, filed a zone variance application to construct a residential addition with less than the required lot size located at 9061 Newby Avenue; and WHEREAS, 9061 Newby Avenue is located in the R -2; Light Multi - Family Residential zone, and . WHEREAS, Section 17.20.080 of the Rosemead Municipal Code (RMC) requires 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, 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 zone variances; and WHEREAS, Sections 17.108.020 of the Rosemead Municipal Code specifies the criteria by which a zone variance may be granted; and WHEREAS, on December 27, 2001, 37 notices were sent to property owners within a 300 - foot radius from the subject property, in addition to notices posted in 12 public locations, specifying the availability of the application, plus the date, time and location of the public hearing for Zone Variance 01 -312; and WHEREAS, on January 7, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Zone Variance 01 -312; 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- 312 is Categorically Exempt from environmental review as a Class 5 Exemption pursuant to Section 15305 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 12 according to the Criteria of Chapter 17.20.020 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 requirements, with an exception to the minimum lot size requirement. The subject property is an atypically smaller lot with adequate yard space still available in the front yard area. B. The project will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity; FINDING: The proposed use is located within a residential district of the City, and is I f designated Medium Density Residential in the General Plan. The proposed use is a small residential addition and is designed to have no negative affects on the surrounding properties. C. The project will not adversely affect the comprehensive General Plan. FINDING: The proposed use will not endanger or otherwise constitute a menace to the surrounding properties as conditions of approval have been incorporated upon the issuance of this zone variance requiring: improvements to the subject property, limitations to hours of construction, and the overall maintenance of the site. 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 classification. FINDING: The subject parcel is situated on a 2,500 square foot lot. This lot size is not typical of average size lots within the City of Rosemead. The existing single - family dwelling is extremely small and over forty -five (45) years old. The proposed residential addition is small in nature and lot coverage will remain under the allowable 45 percent. SECTION 3 . The Planning Commission HEREBY APPROVES Zone Variance 01 -312, to construct a residential addition with less than the required rear yard setback, on property located at 9061 Newby 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 January 7, 2002, by the following vote: YES: LOI, BREEN, ALARCON, 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 21" day of January 2002. William Alarcon, Chairman 0 8 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 21" day of January 2002 by the following vote: YES: NO: ABSENT: ABSTAIN: William Crowe, Secretary - 4 00semead Planning Commission Zone Variance 01 -312 January 7, 2002 Page 4 of S EXHIBIT A ZONE VARIANCE 01 -312 9061 Newby Avenue CONDITIONS OF APPROVAL January 7, 2002 1. Zone Variance 01 -312 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 -312 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 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. 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 Building 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 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 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. — losemead Planning Commission Zone Variance 01 -312 January 7, 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 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. 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. 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 Safety 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.