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PC - 2014-01 - Approving Design Review 13-05, Permitting a New Two Story Residence with 3,110 Sqaure Feet of Living Area With an Attached Four Car Garage at 3812 Charlotte AvenuePC RESOLUTION 14 -01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 13 -05, PERMITTING A NEW TWO - STORY RESIDENCE WITH 3,110 SQUARE FEET OF LIVING AREA WITH AN ATTACHED FOUR CAR GARAGE LOCATED AT 3812 CHARLOTTE AVENUE IN THE R -1 (SINGLE FAMILY RESIDENTIAL) ZONE (APN: 5371- 006 -038). WHEREAS, on November 21, 2013, Philip Chan of PDS Studio Inc. submitted an application requesting approval to construct a new two -story residence and an attached four (4) car garage located at 3812 Charlotte Avenue, and WHEREAS, 3812 Charlotte Avenue is located in the R -1 (Single Family Residential) zoning district; and WHEREAS, Section 17.72.050 of the Rosemead Municipal Code (RMC) provides the purpose and criteria for a design review; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.72.050 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or deny design review applications; and WHEREAS, on December 23, 2013, sixty -two (62) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in five (5) public locations and on -site, specifying the availability of the application, plus the date, time, and location of the public hearing for Design Review 13 -05, and on December 23, 2013, the notice was published in the Rosemead Reader; and WHEREAS, on January 6, 2014, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 13 -05; 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 Design Review 13 -05 is classified as a Class 3 Categorical Exemption pursuant to Section 15303 of the California Environmental Quality Act guidelines. Section 15303 of the CEQA exempts projects that consist of the construction of three or less residential units in a residential zone. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 13 -05 in accordance with Section 17.72.030 et seq., of the Rosemead Municipal Code as follows: A. The plans indicate proper consideration for the relationship between the proposed building and site developments that exist or have been approved for the general neighborhood, FINDING: The property is located within an established residential zone of the City. The applicant has provided an aesthetically complementary design that includes a modern, two -story residential design and new landscaping. The development will improve the overall aesthetics of the neighborhood. B. The plan for the proposed building and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations and other factors which may have an adverse effect on the environment and the manner of screening mechanical equipment, trash, storage, and loading areas. FINDING: The proposed two -story residence is designed with a larger second story setback on the front elevation and the building is proposed with a large rear yard setback that will protect against noise, vibrations, and other impacts to the neighborhood. This development will not generate any permanent impacts to noise levels for the surrounding area. All construction work will be required to comply with the timeframe, and decibel levels indicated in the City's Noise Ordinance (Ordinance 478 and 541). Conditions of approval will specifically address factors such as noise, construction hours, landscaping, and the overall maintenance of the property. C. The proposed building or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing buildings or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value; FINDING: The proposed project will not depreciate the area or neighborhood. Staff has worked closely with the applicant to achieve a home design that will complement the neighborhood character. The applicant has proposed a contemporary architectural design, which incorporates some traditional characteristics found in homes currently being built in the San Gabriel Valley. The residence has been designed to create visual interest at the street level. The proposed design elements include natural stone veneer and earthtoned exterior colors, which are elements found on many homes in the surrounding area. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in those instances where buildings are within or adjacent to land shown on the General Plan as being part of the Civic Center or in public or educational use, or are within or immediately adjacent to land included within any precise plan which indicates building shape, size, or style. FINDING: The property is not part of the Civic Center Plan, precise plan, or land reserved for public or educational use. The applicant has proposed a good architectural design, which will create an improved site that is aesthetically complementary to the surrounding area. The improvements to the residence include the use of higher quality materials and a modern design that will enhance the aesthetics of the area, and will potentially improve land values in the general area. E. The proposed development is in conformity with the standards of this code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved. FINDING: This proposed development meets all of the minimum code requirements for the R -1 (Single Family Residential) zone, and all applicable referenced code sections of the Rosemead Municipal Code. F. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaries, and other site feature indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effect of the development from the view of public streets. FINDING: Access to the site will continue to be taken from Charlotte Avenue. The design and construction of this project would preserve the public safety and provide adequate access and circulation for vehicular and pedestrian traffic. Lastly, the new two -story residence and new landscaping will greatly improve the visual effect of the site from the view of the public street. SECTION 3 . The Planning Commission HEREBY APPROVES Design Review 13 -05 for the new two -story residence with a total of 3,110 square feet of living area and an attached four (4) car garage located at located at 3812 Charlotte Avenue, and subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4 . This action shall become final and effective ten (10) days after this decision by the Planning Commission, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Article IX - Planning and Zoning of the Rosemead Municipal Code. SECTION 5 . This resolution is the result of an action taken by the Planning Commission on January 6, 2014, by the following vote: YES: DINH, ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSTAIN: NONE ABSTENT: 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 6" day of January, 2014. n pf Diana Herrera, Chair 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 6`" day of January, 2014 by the following vote: YES: DINH, ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSTAIN: NONE ABSTENT: NONE Michelle Ramirez, S cretary DYED AS TO FORM: n zy Com� ion Attorney & Sorensen. LLP EXHIBIT "B" DESIGN REVIEW 13 -05 3812 CHARLOTTE AVENUE (APN: 5371- 006 -038) CONDITIONS OF APPROVAL January 6, 2014 1. Design Review 13 -05 is approved for a new two -story residence with 3,110 square feet of living area with an attached four (4) car garage, in accordance with the plans marked Exhibit "C ", dated December 17, 2013. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. The following conditions must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 3. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions for review. 4. Approval of Design Review 13 -05 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he /she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval dale. 5. The onsite public hearing notice posting shall be removed by the end of the 10 -day appeal period of Design Review 13 -05. 6. Design Review 13 -05 is approved for a period of one (1) year. The applicant shall commence the proposed project or request an extension within 30- calendar days prior to expiration. The one (1) year initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If the Design Review 13 -05 has been unused, abandoned or discontinued for a period of one (1) year it shall become null and void. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications to the project and to these conditions of approval. 8. Design Review 13 -05 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Design Review 13 -05. 9. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and /or City Council concerning the project, which action is brought within the time period provided by law. 10. 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. 11. 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. Prior to issuance of building permits, any required school fees shall be paid. The applicant shall provide the City with written verification of compliance from the applicable school districts. 12. The numbers of the address signs shall be at least 6" tall with a minimum character width of 3/4 ", 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 Community Development Director, or his /her designee, prior to installation. 13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m. Monday thru Saturday. No construction shall take place on Sundays or on any federal holiday without prior approval by the City. 14. The Planning staff shall have access to the subject property at any time during construction to monitor progress. 15. 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. 16. 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. 17. The applicant shall submit a final landscape and irrigation plan to the Planning Division prior to the issuance of building permits. The landscape and irrigation plan shall comply with the City's Water Efficient Landscape Ordinance and with the Guidelines for Implementation of the Water Efficient Landscape Ordinance and include a sprinkler system with automatic timers and moisture sensors. The landscape plan shall include a wide variety colorful and drought tolerant trees, shrubs, flowers and ground covers. All landscaping and irrigation shall be installed and completed prior to final Planning Division approval. 18. In order to achieve a maximum 40% FAR for the site the following design elements shall be incorporated on both the primary residence and on the future second residencial unit: - (1) installation of windows that are recessed a minimum of four inches on the front elevation, (2) installation of true divided -light windows, doors and side lights, (3) installation of single -hung or double- hung windows on the front elevation. 19. In order to achieve a maximum 40% FAR for the site, natural architectural materials and decorative hardscape materials shall be used for all walkways and driveways. 20. One (1) 24" box parkway tree must be installed, in the public right -of -way. (Engineering). 21. The existing driveway approach needs to be drawn on the site plan with a note for it to be removed /closed. The new driveway approach must be constructed according to SPPWC standard plan 110 -2. (Engineering) 22. A copy of the drainage /grading plans must be submitted to the engineering department for review and approval. (Engineering) (Modified by Planning Commission on January 6, 2014). 23. The site plan must demonstrate how the new home will be connected to the city sewer system. (Engineering) 24. New sidewalk must be constructed on the frontage of the property (Engineering) 25. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. 26. All requirements of the Building and Safety Division, the Planning Division and the Engineering Division shall be complied with prior to the final approval of the proposed construction. EXHIBIT "B" DESIGN REVIEW 13 -05 3812 CHARLOTTE AVENUE (APN: 5371 -006 -038) CONDITIONS OF APPROVAL January 6, 2014 1. Design Review 13 -05 is approved for a new two -story residence with 3,110 square feet of living area with an attached four (4) car garage, in accordance with the plans marked Exhibit "C ", dated December 17, 2013. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. The following conditions must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 3. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions for review. 4. Approval of Design Review 13 -05 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he /she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval date. 5. The onsite public hearing notice posting shall be removed by the end of the 10 -day appeal period of Design Review 13 -05. 6. Design Review 13 -05 is approved for a period of one (1) year. The applicant shall commence the proposed project or request an extension within 30- calendar days prior to expiration. The one (1) year initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If the Design Review 13 -05 has been unused, abandoned or discontinued for a period of one (1) year it shall become null and void. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications to the project and to these conditions of approval. 8. Design Review 13 -05 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Design Review 13 -05. 9. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and /or City Council concerning the project, which action is brought within the time period provided by law. 10. 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. 11. 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. Prior to issuance of building permits, any required school fees shall be paid. The applicant shall provide the City with written verification of compliance from the applicable school districts. 12. The numbers of the address signs shall be at least 6" tall with a minimum character width of 3/4 ", 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 Community Development Director, or his /her designee, prior to installation. 13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m. Monday thru Saturday. No construction shall take place on Sundays or on any federal holiday without prior approval by the City. 14. The Planning staff shall have access to the subject property at any time during construction to monitor progress. 15. 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. 16. 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. 17. The applicant shall submit a final landscape and irrigation plan to the Planning Division prior to the issuance of building permits. The landscape and irrigation plan shall comply with the City's Water Efficient Landscape Ordinance and with the Guidelines for Implementation of the Water Efficient Landscape Ordinance and include a sprinkler system with automatic timers and moisture sensors. The landscape plan shall include a wide variety colorful and drought tolerant trees, shrubs, flowers and ground covers. All landscaping and irrigation shall be installed and completed prior to final Planning Division approval. 18. In order to achieve a maximum 40% FAR for the site the following design elements shall be incorporated on both the primary residence and on the future second residencial unit: - (1) installation of windows that are recessed a minimum of four inches on the front elevation, (2) installation of true divided -light windows, doors and side lights, (3) installation of single -hung or double- hung windows on the front elevation. 19. In order to achieve a maximum 40% FAR for the site, natural architectural materials and decorative hardscape materials shall be used for all walkways and driveways. 20. One (1) 24" box parkway tree must be installed, in the public right -of -way. (Engineering). 21. The existing driveway approach needs to be drawn on the site plan with a note for it to be removed /closed. The new driveway approach must be constructed according to SPPWC standard plan 110 -2. (Engineering) 22. A copy of the drainage /grading plans must be submitted to the engineering department for review and approval. (Engineering) (Modified by Planning Commission on January 6, 2014). 23. The site plan must demonstrate how the new home will be connected to the city sewer system. (Engineering) 24. New sidewalk must be constructed on the frontage of the property (Engineering) 25. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. 26. All requirements of the Building and Safety Division, the Planning Division and the Engineering Division shall be complied with prior to the final approval of the proposed construction.