PC - 2014-13 - Approving Tentative Parcel Map 72586 to Subdivide One Existing Parcel Into Three Parcels, For the Development of Three New Single-Family Homes. The Subject Property is Located at 3365 Ivar Avenue in the R-1 (Single-Family Residential) Zone PC RESOLUTION 14-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 72586 TO SUBDIVIDE ONE (1)
EXISTING PARCEL INTO THREE (3) PARCELS, FOR THE
DEVELOPMENT OF THREE (3) NEW SINGLE-FAMILY HOMES. THE
SUBJECT PROPERTY IS LOCATED AT 3365 IVAR AVENUE IN THE R-
1 (SINGLE-FAMILY RESIDENTIAL) ZONE (APN: 5289-013-049).
WHEREAS, on October 31, 2013, Phat Ton filed an application for a Tentative
Parcel Map, proposing to subdivide one (1) existing parcel into three (3) parcels for the
development of three (3) new single-family homes; and
WHEREAS, 3365 Ivar Avenue is located in the R-1 (Single-Family Residential)
zone; 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 66474 et seq of the Subdivision Map Act for the approval of
a Tentative Parcel Map, City of Rosemead Ordinance No. 901 requires additional
necessary findings for approval of Flag Lot subdivisions; 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, on September 25, 2014, sixty-seven (67) notices were sent to
property owners within a 300-foot radius from the subject property, in addition to notices
posted in six (6) public locations and on-site, specifying the availability of the
application, plus the date, time and location of the special public hearing for Tentative
Parcel Map 72586, and on September 25, 2014, the notice was published in the
Rosemead Reader; and
WHEREAS, on October 6, 2014, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Tentative
Parcel Map 72586; 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:
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SECTION 1. The Planning Commission HEREBY DETERMINES that Tentative
Parcel Map 72586 is Categorically Exempt under Section 15315 of the California
Environmental Quality Act (CEQA) guidelines where the project is a minor land division
of property in urbanized areas zoned for residential, commercial, or industrial use into
four or fewer parcels when the division is in conformance with the General Plan and
zoning, no variances or exceptions are required, all services and access to the
proposed parcels meeting local standards are available or will be provided as needed,
the parcel was not involved in a division of a larger parcel within the previous two (2)
years, and the parcel does not have an average slope greater than 20 percent.
Accordingly, Tentative Parcel Map 72586 is classified as a Class 15 Categorical
Exemption pursuant to Section 15315 of CEQA.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Tentative Parcel Map 72586; according to the
criteria of Section 16.08.130 of the Rosemead Municipal Code as follows:
A. The proposed division will not be materially detrimental to the public welfare
nor injurious to the property or improvements in the immediate vicinity;
FINDING: The large size and depth of the subject lot would allow the lot to be
subdivided and developed with new single-family residences without creating
detrimental visual or privacy impacts to the surrounding parcels. The project site is
located within a low density residential General Plan designation and Zoning district.
The subdivision is designed within the parameters of the low density definition of 0-7
units per acre. The homes will be built within the adopted development standards of the
R-1 (Single-Family Residential) zone and are not anticipated to be detrimental to the
public welfare.
B. The proposed division 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: The site is designated for the proper land use designation to permit
such a development. The R-1 zone allows for residential uses at a density of one unit
for each 6,000 square feet of lot area. The proposed parcels and residential units meet
the required parcel size standards. The proposed front lot (Lot 1) will have a total lot
area of 6,066 square feet. Lot 2 will have a net lot area of 6,100 square feet and a gross
lot area of 7,709 square feet. Lot 3 will have a net lot area of 6,145 square feet and a
gross lot area of 7,718 square feet.
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 flag lots and conventional lot dimensions comply with
the minimum requirements for both flag lot and conventional lot subdivisions. According
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to Section 17.16.080 of the Rosemead Municipal Code a conventional lot shall have a
minimum lot area of 6,000 square feet. Section 17.16.140 of the Rosemead Municipal
Code requires flag lots to have a minimum developable lot area of 5,000 square feet,
exclusive of vehicle access leg or common driveway access easements. The proposed
conventional lot, Lot 1, will have a total lot area of 6,066 square feet. The proposed flag
lots, Lot 2, will have a developable lot area of 6,100 square feet and Lot 3 will have
6,145 square feet.
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: The City Engineer has reviewed this proposed subdivision relative to
the adjacent right-of-way. Access to the proposed parcels is provided from Ivar
Avenue, which is a fully improved public local street. Based on this review, it is
determined that the design and construction of this project would preserve the public
safety and provide adequate access and circulation for vehicular and pedestrian traffic.
All necessary public improvements will be made prior to the proposed construction.
These improvements will be constructed within the Ivar Avenue right-of-way when
developed.
E. Alley easements and covenants required for the approval of the Tentative
Map or plot have been duly executed and recorded.
FINDING: The proposed subdivision will create one (1) conventional lot and two
(2) flags lots with two (2) separate driveways. The conventional lot (Lot 1) has been
developed with a private driveway for vehicular access, and Lots 2 and 3 will be served
by a separate, shared common driveway measuring 20'-3" wide. Both driveways will be
accessed from Ivar Avenue. Prior to the recordation of the final map, the applicant will
be required to record a covenant for ingress and egress, fire lane, and maintenance of
the shared common driveway that serves Lots 2 and 3.
SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Tentative Parcel Map 72586; according to the
criteria of Section 66474 et seq of the Subdivision Map Act and City of Rosemead
Ordinance No. 901 as follows::
F. That the design is justified by topographic conditions or the size and shape of
the property prohibits conventional lot division practices.
FINDING: The subject lot is narrow and deep, measuring at 100' X 222.47',
which does not allow for three conventional 50' wide lot subdivisions.
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G. That the proposed Flag Lot division is not so at variance with the existing
neighborhood pattern or development as to create detrimental visual or privacy impacts.
FINDING: The proposed flag lot subdivision is consistent with development in
the neighborhood. Staff has worked closely with the designer in designing a project that
will not create detrimental visual or privacy impacts. Block walls will be installed along
the existing and proposed property lines of each lot. Staff has incorporated conditions
of approval to assure that all proposed residential development will conform to building
orientation and setback requirements of the Rosemead Municipal Code. In addition,
there are several flag lot subdivisions within the neighborhood, including the lots
abutting the property to the north and south. Therefore, the proposed subdivision is
consistent with the established neighborhood pattern of development.
SECTION 4. The Planning Commission HEREBY APPROVES Tentative Parcel
Map 72586 to allow the subdivision of one (1) existing lot into three (3) lots for
development of three (3) new single-family residential units. The subject development
shall fully comply with the conditions listed in Exhibit "B," attached hereto and
incorporated herein by reference.
SECTION 5. This resolution is the result of an action taken by the Planning
Commission on October 6, 2014, by the following vote:
YES: DINH, ENG, HERRERA, LOPEZ AND TANG
NO: NONE
ABSTAIN: NONE
ABSENT: 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 6th day of October, 2014.
Nan' Eng, Chai
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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 6th day of October,
2014, by the following vote:
YES: DINH, ENG, HERRERA, LOPEZ AND TANG
NO: NONE
ABSTAIN: NONE
ABSENT: NONE
Michelle Ramirez, Se tary
APPROVF,<;b/AASS TO FO:j
Grego//9! phy, Plan C fission Attorney
Burke, W'��/s & Sorense LP
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EXHIBIT "B"
TENTATIVE PARCEL MAP 72586
3365 IVAR AVENUE
CONDITIONS OF APPROVAL
OCTOBER 6, 2014
1. Tentative Parcel Map 72586 is approved for the subdivision of one (1) existing lot
into three (3) lots for development of three (3) new single-family residential units
to be developed in accordance with the Tentative Parcel Map marked Exhibit "C",
dated September 25, 2014. The front, side, and rear yards shall be distinguished
in accordance to Tentative Parcel Map 72586. Any revisions to the approved
plans must be resubmitted for review and approval by the Planning Division.
2. Approval of Tentative Parcel Map 72586 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.
3. The onsite public hearing notice posting shall be removed by the end of the 10-
day appeal period of Tentative Parcel Map 72586.
4. Conditions of approval listed on Exhibit "B" shall be copied directly onto final
development plans submitted to the Planning and Building Division for review.
5. Tentative Parcel Map 72586 is approved for a two-year period. The Applicant
shall commence the proposed use or request an extension within 30-calendar
days prior to expiration. The two (2) 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
Tentative Parcel Map 72586 has been unused, abandoned, or discontinued for a
period of two (2) years it shall become null and void.
6. The Planning Commission hereby authorizes the Planning Division to make
and/or approve minor modifications.
7. 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.
8. Tentative Parcel Map 72586 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 modification of existing or
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imposition of new 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 Tentative Parcel Map 72586.
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.
12.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.
13.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 Planning Division, prior to installation.
14.All requirements of the Planning Division, Building Division, and Public Works
Department shall be complied with prior to the final approval of the proposed
construction.
15.The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m. Monday to
Saturday. No construction shall take place on Sundays or on any federal
holidays without prior approval by the City.
16.The Planning, Building, and Public Works staff shall have access to the subject
property at any time during construction to monitor progress.
17.Occupancy will not be granted until all improvements required by this approval
have been completed, inspected, and approved by the appropriate
department(s).
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18.Driveways and parking areas shall be surfaced and improved with 4 inches of
asphalt concrete over 4 inch-base material crushed aggregate or 6 inches of
concrete, the layout shall be as shown on Exhibit "C"; and thereafter maintained
in good serviceable condition.
19.AII ground level mechanical/utility equipment (including meters, back flow
preservation devices, fire valves, NC condensers, furnaces, utility cabinets 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 or other public space within the development. The Planning Division shall
approve said screening prior to inspection.
20.No portion of any required front and/or side yards shall be used for storage of
any type.
21.Applicant shall obtain an encroachment permit for all work in the public right of
way.
22.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
City Planner.
23.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.
24.Prior to issuance of Building permits, a detailed fence plan shall be submitted to
the Planning Division for review and approval. The perimeter walls surrounding
the development shall be constructed of concrete block that is stucco and
painted to match the exterior of the buildings.
25.Prior to issuance of Building permits, a final landscape and irrigation plan shall be
submitted to the Planning Division for review. The landscape plan shall include a
wide variety colorful and drought tolerant trees, shrubs, flowers and ground
covers. The irrigation plan shall include automatic timers and moisture sensors.
The final landscape plan shall comply with the City's Water Efficient Landscape
Ordinance (Ordinance 885). All landscaping and irrigation shall be installed and
completed prior to final Planning Division approval.
26.Vine pockets shall be installed along the driveway of Lots 2 and 3 to soften the
appearance of walls.
27.Along the driveway of Lots 1, 2 and 3, a series of stamped, colored concrete
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bands shall be incorporated with a minimum depth of 12 feet. The bands shall
be a natural earth toned color and shall match the development.
28.The private 20.5 foot wide driveway shall be posted as a "No Parking Fire Lane"
including signage and red curbing/striping.
29.A covenant assuring that private common driveways shall be continually
maintained and that cost associated with such maintenance shall be equally
shared by all future property owners, whose properties benefit within the division
shall be prepared by the applicant for review and approval of the City Attorney.
The Applicant shall be responsible for all City Attorney review fees. Upon review
and approval, the covenant shall be recorded against Lot 2 and Lot 3.
30.Vehicle access easements for reciprocal use or otherwise shall be shown on the
Tentative Parcel Map, together with a statement identifying which lots are
subservient and which lots are to benefit from such easements (Per RMC
Section 17.16.140 1.4). The vehicle access easements shall be recorded for Lot
2 and Lot 3.
31.Violation of conditions of approval may result in citation and/or initiation of
revocation proceedings.
ENGINEERING CONDITIONS OF APPROVAL
GENERAL
32.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 plan approvals.
33.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.
34.A three (3) foot wide dedication to the City of Rosemead shall be required to
widen the public right-of-way along the entire frontage of Ivar Avenue. The
applicant shall engage a licensed land surveyor (or Civil Engineer authorized to
practice land surveying) to prepare the legal descriptions and documents
required for the proposed right of way dedication, all to the satisfaction of the City
Engineer and the City Land Surveyor, and shall pay all costs for plan checking,
etc.
35.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.
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36.The final parcel map shall be based on a field survey, and monuments shall be
set to permanently mark parcel map boundaries, street center lines and lot
boundaries to the satisfaction of the City Engineer. The basis of bearing used for
the field survey required for the final map shall include two survey well
monuments found or set. The City Engineer may waive this requirement upon
petition should this be impractical. Well monuments shall be set in accordance
with standard plan No. S08-001, if required.
37.Final tract 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 the release of
the final map by the City, a refundable deposit in the amount of $1,000 shall be
submitted by the developer to the City, which will be refunded upon receipt of the
Mylar copy of the filed map.
38.Comply with all requirements of the Subdivision Map Act.
39.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.
40.The City reserves the right to impose any new plan check, fees, permit fees,
and/or any other development fees approved by City Council subsequent to
tentative approval of this map.
41.Prior to performing any grading, obtain a permit from the Engineering
Department. Submit grading and drainage plans pre the City's grading guidelines
and the latest edition of the Los Angeles County Building Code. The plans shall
be stamped and signed by a California State Registered Civil Engineer.
42.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.
43.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.
44.Historical or existing storm water flow from adjacent lots must be received and
directed by gravity to the public street, to a public drainage facility, or an
approved drainage easement.
45.Prepare and submit hydrology and hydraulic calculations for sizing of all
proposed drainage devices. The analysis shall also determine if changes in the
post development versus pre development conditions have occurred. The
analysis shall be stamped by a California State Registered Civil Engineer and
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prepared per the Los Angeles County Department of Public Works Hydrology
Method.
46.AII grading projects require an Erosion Control Plan as part of the grading plans.
Grading permit will not be issued until and Erosion Control Plan is approved by
the Engineering Department.
47.Adjust, relocate, and/or eliminate lot lines, lots, streets, easements or other
physical improvements to comply with ordinances, policies, and standards in
effect at the date the City determined the application to be completed all to the
satisfaction of the Public Works Department.
48.Show clearly all existing lot lines and proposed lot line on the plans.
49.Show any easement on the plans if applicable.
ROAD
50.New drive approaches shall be constructed at least 3' from any above-ground
obstructions in the public right-of-way to the top of "x" or the obstruction shall be
relocated. New drive approaches shall be limited to the frontage of the parcel.
The drive approach is intended to serve, and is designed to the satisfaction of the
City Engineer.
51.No common driveway approach will be allowed. All common driveways shall be
removed and replaced by new driveway approaches.
52.AIl work proposed within the public right-of-way shall require permits from the
Public Works Department.
53.Remove and replace existing curb and gutter from properly line to properly line.
54.Remove and replace sidewalk from property line to property line.
55.Install three (3) parkway trees. All street trees shall be installed to the satisfaction
of the City Engineer and the City Urban Forester. Street trees shall be planted in
a manner that provides a minimum clearance of eight (8) feet from any existing
or proposed sewer laterals to be used to serve the project. The size of the trees
shall be minimum 24 inches box.
SEWER
56.Approval of this land division is contingent upon providing a separate house
sewer lateral to serve each lot of the land division.
57.AII existing laterals to be abandoned shall be capped at the public right of way to
the satisfaction of the City Engineer and the Building Official of the City of
Rosemead.
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UTILITIES
58.AIl power, telephone, and cable television shall be underground.
59.Any utilities that are in conflict with the development shall be relocated at the
developer's expense.
WATER
60.Prior to the filing of the final map, there shall also be filed with the City Engineer,
a statement from the water purveyor indicating compliance with the Fire Chiefs
fire flow requirements.
61.Water hydrant, water meter box and utilities box shall be located 8 feet away
from parkway trees and 3 feet away from driveway approach.
FIRE DEPARTMENT CONDITIONS OF APPROVAL
62.Access shall comply with Section 503 of the Fire Code, which requires all
weather access. All weather access may require paving.
63.Fire Department Access shall be extended to within 150 feet distance of any
exterior portion of all structures.
64.Where driveways extend further than 150 feet and are of single access design,
turnarounds suitable for fire protection equipment use shall be provided and
shown on the final map. Turnarounds shall be designed, constructed and
maintained to insure there integrity for Fire Department use. Where topography
dictates, turnarounds shall be provided for driveways that extend over 150 feet in
length.
65.Private driveways shall be indicated on the final map as "Private Driveway and
Firelane" with the widths clearly depicted and shall be maintained in accordance
with the Fire Code. All required fire hydrants shall be installed, tested and
accepted prior to construction.
66.Vehicular access must be provided and maintained serviceable throughout
construction to all required fire hydrants. All required fire hydrants shall be
installed, tested and accepted prior to construction.
67.Provide Fire Department or City approved street signs and building access
numbers prior to occupancy.
68.AII required fire hydrants shall be installed, tested and accepted or bonded for
prior to Final Map approval. Vehicular access shall be provided and maintained
serviceable throughout construction.
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69.Additional water system requirements will be required when this land is further
subdivided and/or during the building permit process.
70.Hydrants and fire flows are adequate to meet current Fire Department
requirements.
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