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PC - 2002 - 03 - Approving Tentative Parcel Map No 26466; Conditional Use Permit 01-851 and Conditional Use Permit 01-853 for the Subdivision of 1 Residential Lot into 3 Parcels with Development of 3 New Single-family ResidencesPC RESOLUTION 02 -03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO. 26466; CONDITIONAL USE PERMIT 01 -851 AND CONDITIONAL USE PERMIT 01 -853 FOR THE SUBDIVISION OF ONE RESIDENTIAL LOT INTO THREE (3) PARCELS WITH THE DEVELOPMENT OF THREE NEW SINGLE - FAMILY RESIDENCES, EACH WITH A LIVING AREA OVER 2,500 SQUARE FEET LOCATED AT 4617 -46721 DELTA STREET (APNs: 5372- 012 -007). WHEREAS, Ms. Teresa Tan, 2702 S 10 ° i Avenue, Arcadia, California 91006, filed tentative parcel map and conditional use permit applications to reconfigure one lot into three lots and for the construction of three residences larger than 2,500 square feet in floor area, on August 28,2001; and i WHEREAS, this property on Delta Street is located in the R -1; Single Family Residential zoning district; and WHEREAS, Section 17.16 et seq. of the Rosemead Municipal Code sets standards for development of properties in the R -1 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 17.16.140 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 specifies the criteria by which a conditional use permit may be granted; and WHEREAS, on December 6, 2001, notices were posted in 10 public locations and 59 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 26466 and Conditional Use Permit Nos. 01 -851, 01 -852 and 01 -853; 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 26466 and Conditional Use Permit Nos. 01 -851, 01 -852 and 01 -853; 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 Cotmnission 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 26466 and Conditional Use Permit Nos. 01 -851, 01 -852 and 01 -853 according to the criteria of Section 16.08.130 and Section 17.112.010, respectively, of the Rosemead Municipal Code as follows: PC Resolution No. 02 -03 Parcel Map 26466 Page 2 of 3 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 low density single family residential in both of these maps and the development complies with the minimum lot dimension and size requirements of the R -I 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 parcels 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 Delta Street which is a fully improved local street with 60 foot right -of -way. No dedication to the public right -of -way is required for the protection of public safety, health and welfare. E. Alley casements 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 reciprocal ingress /egress easement covenants on the parcels at the rear of the project. 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. 0 0 PC Resolution No. 02 -03 Parcel Map 26466 Page 3 of 3 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 26466 and Conditional Use Permit Nos. 01 -851, 01 -852 and 01 -853 to reconfigure one parcel into three parcels, construct three homes larger than 2,500 square feet in living area, located at 4617- 4621 Delta Street (APN: 5372- 012 -007), 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 December 17, 2001, by the following vote: YES: LOI, ORTIZ, BREEN, HERRERA, ALARCON NO: NONE ABSENT: NONE A13STAIN: 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 7th day of January, 2002. �� • lid ���r,�,�+� 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 71h day of January, 2002, by the following vote: YES: NO: ABSENT: ABSTAIN: William Crowe, Secretary 0 m220466, CUP 01-851 to 01 -353 December l7, 2001 Page 4 of EXHIBIT "A" TENTATIVE PARCEL MAP 26466 CONDITIONAL USE PERMIT 01 -851 CONDITIONAL USE PERMIT O1 -852 CONDITIONAL USE PERMIT O1 -853 4617 -4621 Delta Avenue CONDITIONS OF APPROVAL December 17. 2001 Tentative Parcel Map 26466, Conditional Use Permit 01 -851, Conditional Use Permit 01- 852, and Conditional Use Permit 01 -853, are approved for the subdivision of one lot into two with two new single- family residences one with less than the required rear setback, 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. Approval of Tentative Parcel Map 26466, Conditional Use Permit 01 -851, Conditional Use Permit 01 -852, and Conditional Use Permit 01 -853, 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. 3. Tentative Parcel Map 26466, Conditional Use Permit 01 -851, Conditional Use Permit 01- 852, and Conditional Use Permit 01 -853, 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 26466 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 ofthe 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 pennits, all school fees shall be paid. The applicant shall provide the City with written verification of compliance from 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 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. . 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 dcpartment(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. 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 7'PA1 26466, CUP 01-851 to 01-853 December l7, 2001 Page 5 of 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 Planning Department for review, reflecting preliminary approval of landscape /site plan, commonly referred to as Exhibit B. 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, [ire 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 hash 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 (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. 19. The numbers of the address signs shall be at least 4" tall with a minimum character width of I/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. The applicant shall submit a revised tentative parcel map showing the 20 -foot wide with an additional 4 -foot wide easement along the common driveway within Lot No. 1. This map is f m 26466, CUP 01 -851 In 01-853 December l7, 2001 Page 6 of 8 to be submitted to the Planning Department for review and approval prior to submittal to the City Engineer and the Los Angeles County Recorder. 27. Violation of the conditions of approval may result in citation and /or initiation of revocation proceedings. CITY ENGINEER'S RECOMMENDED CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 26466 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 I 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) nrylar 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 Delta Avenue. . 14. Developer shall prepared a covenant, subject to City Engieeer's approval, for ingress and egress, utility and drainage easement, fire lane, and maintenance of the private driveways for Lots 2 & 3. 15. Lot 1 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 lop of "x" or the obstruction shall be relocated. 17. Drive approaches shall be at least 10' wide. 18. Developer shall plant 2 (two) 24 -inch box parkway tree in front of said properly. Species shall be determined by the City Engineer. 19. Developer shall construct 4 -foot wide sidewalk adjacent to the property line along the entire Property frontage. SEWER 20. Approval of this land division is contingent upon providing separate house sewer laterals to serve each lot of the land division. UTILITIES 21. Power, telephone and cable television service shall be underground. 22. Any utilities that are in conflict with the development shall be relocated at the developer's expense. WATER 23. 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.