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PC - 2002 - 04 - Approving Tentative Parcel Map 26494; Conditional Use Permit 01-854; Conditional Use permit 01-855 Approving the Subdivision of 1 Residential Lot into 3 Parcels with the Development of 3 New Single-family Residences• 1 • PC RESOLUTION 02 -04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING TENTATIVE PARCEL MAP 26494; CONDITIONAL USE PERMIT 01 -854; CONDITIONAL USE PERMIT 01 -855 APPROVING THE SUBDIVISION OF ONE RESIDENTIAL LOT INTO THREE (3) PARCELS WITH THE DEVELOPMENT OF THREE NEW SINGLE - FAMILY RESIDENCES, TWO WITH A LIVING AREA OVER 2,500 SQUARE FEET, LOCATED AT 3877 -3881 EARLE AVENUE IN THE R -1; SINGLE- FAMILY RESIDENTIAL ZONE. (APN: 5371 - 009 -023). WHEREAS, Luong Nang Quyen of East Star Development, Inc., 3888 Delta Avenue, Rosemead, Ca, 91770, filed a tentative parcel map application and two conditional use permit applications to subdivide one residential lot into three parcels and develop three new single - family residences, two with a living area over 2,500 square feet located at 3877 -3881 Earle Avenue on September 13,2001; and WHEREAS, this property on Earle Avenue is located in the R -l; Single - Family Residential zone; and WHEREAS, Section_ 17.16 et seq. of the Rosemead Municipal Code set s standards for development of properties in the R -1 zone; and WHEREAS, Section 66451 et seq of the California Government Code (Map Act) and Chapter 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 Section 16.08.130 of the Rosemead Municipal Code specify the criteria by which a subdivision map may be granted, and WHEREAS, Section 17.16.140 of the Rosemead Municipal Code allows flag lot development within the R -1 zoning district; and WHEREAS, Section 17.112.010 of the Rosemead Municipal Code (RMC) specifies the criteria by which a conditional use permit may be granted; and WHEREAS, on December 6, 2001, 52 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 Tentative Parcel Map 26494; Conditional Use Permit 01 -854; Conditional Use Permit 01 -855; and WHEREAS, on December 17, 2001, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Tentative Parcel Map 26494; Conditional Use Permit 01 -854; Conditional Use Permit 0 1 -855 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 15303(a) of CEQA which exempts projects limited to the construction of three or less single- family residential units in urbanized areas. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Tentative Parcel Map 26494 according to criteria of Section 66474 et seq of the Subdivision Map Act and Chapter 16.04 of the Rosemead Municipal Code as follows: 0 0 Tentative Parcel Map Finding 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 low density single - family residential in both of these maps and the development complies with the minimum lot dimensions and size requirements of the R -1 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 one existing parcel into three parcels. All three proposed parcels exceed 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. FINDING: Access to the proposed parcels is from Earle Avenue which is a fully improved local street. No dedication to the public right -of -way is required fort he protection of public safety, health and welfare. 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. Zoning Codes. 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 aesthetically pleasing architectural elements. SECTION 3 . The Planning Commission HEREBY APPROVES Tentative Parcel Map 26494; Conditional Use Permit 01 -854; and Conditional Use Permit 01 -855, to subdivide one residential lot into three parcels and develop three new single - family dwellings, two with a living area 0 • over 2,500 square feet, on property located at 3877 -3881 Earle 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 December 17, 2001, 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 7` day of January 2002. 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 7` day of January 2002 by the following vote: YES: NO: ABSENT: ABSTAIN: William Crowe, Secretary 8 Rosemead Planning Commission Tenlalwe Parceld4ap26494 Conditional Use Permit 01 -854, 01 -855 December 17, 2001 Page 5 of 8 I N:r11930 TENTATIVE PARCEL MAP 26494 CONDITIONAL USE PERMIT 01 -854 CONDITIONAL USE PERMIT 01 -855 3877 -3881 Earle Avenue CONDITIONS OF APPROVAL December 17, 2001 1. Tentative Parcel Map 26494, Conditional Use Permit 01 -854, and Conditional Use Permit 01 -855 are approved for the subdivision of one lot into three new single - family residences, two with over 2,500 square feet of living area, to be developed in accordance with the plan marked Exhibit `B" 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 26494, Conditional Use Permit 01 -854, and Conditional Use Permit 01 -855, 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. Tentative Parcel Map 26494, Conditional Use Permit 01 -854, and Conditional Use Permit 01 -855, are approved for a period of two (2) years. Applicant shall make progress towards initiation of proposed use or request 30 days prior to expiration from the Planning Commission. Otherwise Tentative Parcel Map 26494, Conditional Use Permit 01 -854, and Conditional Use Permit 01 -855 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. 7. Planning staff shall have access to the subject property at any time during construction to monitor progress. 8. 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. 9. Occupancy will not be granted ,until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 10. 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. 11: 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. • Kosemead Planning Commission Tentative Parcel Map26494 Conditional Use Permit 01 -854, 01 -855 December 17, 2001 Page 6 of 8 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. Irrigation plan shall include automatic timers and moisture sensors. All landscaping and irrigation shall be installed and completed prior to final Planning Department,approval. 13. No portion of any required front and /or side yards shall be used for storage of any type. 14. There shall be no outside storage of vehicles, vehicle parts, equipment, or trailers. All trash and debris shall be contained within a trash enclosure. 15. All rooftop appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Department. 16. 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. Tine location, color and size of such sign shall be subject to the approval of the Planning Director. 17. Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 18. 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. 19. 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. 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 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. 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. No pad elevations shall be raised above the highest point of the existing elevation. 25. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings. • /2osemead Planning Commission Tentative Parcel Map26494 Conditional Use Permit 01 -854, 01 -855 December 17, 2001 Page 7 of 8 CITY ENGINEER'S RECOMMENDED CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 26494 GENERAL 1. 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's 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. 8. 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 comply with the City's storm water ordinance. 13. Surface water generated from Lot 1 shall sheet flow over the frontage of said lot onto Earle Avenue. J�Osemeod Planning Commission Tentative Parcel Map26494 Conditional Use Permit 01-854, 01-855 December l7, •2001 Page 8 of 8 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 private driveway for Lots 2 and 3. 15. Lot 1 shall have an independent drive approach. 16. New drive approaches shall be constructed at least 3 feet 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 a minimum of 15' wide for Lot 3, and 10' wide for Lot 1. Drive approaches shall be constructed per City standards. 18. Developer shall construct sidewalk adjacent to the property line along the entire property frontage. SEWER 19. Approval of this land division is contingent upon providing separate house sewer laterals to serve each lot of the land division. UTILITIES 20. Power, telephone and cable television service shall be underground. 21. Any utilities that are in conflict with the development shall be relocated at the developer's expense. WATER 22. 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.