PC - 2014-18 - Approving Design Review 14-09, Permitting a New 2,981 Square Feet Single-Family Dwelling Unit. In Addition, the Applicant Will Construct an Attached Three-Car Garage. The Subject Property is Located at 9342 Guess Street (APN: 8594-012-003) PC RESOLUTION 14-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING DESIGN REVIEW 14-09, PERMITTING A NEW 2,981
SQUARE FEET SINGLE-FAMILY DWELLING UNIT. IN ADDITION, THE
APPLICANT WILL CONSTRUCT AN ATTACHED THREE-CAR
GARAGE. THE SUBJECT PROPERTY IS LOCATED AT 9342 GUESS
STREET (APN: 8594-012-003), IN THE R-1 (SINGLE-FAMILY
RESIDENTIAL) ZONE.
WHEREAS, on October 2, 2014, Dat Wong submitted a Design Review
application requesting approval to construct a new 2,981 square feet two-story single-
family dwelling unit. In addition, the applicant is proposing to construct an attached
three-car garage. The subject property is located at 9342 Guess Street;
WHEREAS, 9342 Guess Street is located in the R-1 (Single-Family Residential)
zoning district;
WHEREAS, Section 17.28.020(C) of the Rosemead Municipal Code (RMC)
provides the criteria for a design review;
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.28.020(C) of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve, or deny design review applications;
WHEREAS, on November 20, 2014, fifty-seven (57) 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, and the date, time, and location of the public hearing for Design Review 14-
09, and on November 20, 2014, the notice was published in the Rosemead Reader;
WHEREAS, on December 1, 2014, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Design
Review 14-09; 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 14-09 is classified as a Class 3 Categorical Exemption, pursuant to Section
15303(a) of the California Environmental Quality Act guidelines. Section 15303(a) of the
California Environmental Quality Act guidelines exempts projects limited to the
construction of three (3) 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 Design Review 14-09, in accordance with Section
17.28.020(C) 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 subject property is located within an established residential area
of the City. The applicant has provided an aesthetically complementary design, which
includes a modern two-story residential design and new landscaping. The development
would improve the overall aesthetics of the surrounding neighborhood.
B. The plan for the proposed structure 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 structure is designed with front, side, and rear setbacks
that exceed the minimum requirements of the R-1 zone, which creates a larger buffer
between the proposed residence and the surrounding residences to protect against
noise, vibrations, and other factors which may have an adverse effect on the
environment and 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.
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 appearance and value of
the local environment. Staff has worked closely with the applicant to achieve a
residential design that will complement the neighborhood character. The applicant has
proposed a contemporary architectural design, which incorporates some traditional
characteristics found in residences currently built in the San Gabriel Valley. The
dwelling unit has been designed to create visual interest at the street level. The
proposed design elements are similar to 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 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 an appealing
architectural design, which will create an improved site that is aesthetically
complementary to the surrounding area and may potentially raise the value of the
neighborhood.
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 features 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 from Guess Street. The design
and construction of this project would preserve the public safety and provide adequate
access and circulation for vehicular and pedestrian traffic. The proposed dwelling unit
and landscaping will significantly improve the visual effect of the site from the view of
the public street.
SECTION 3. The Planning Commission HEREBY APPROVES Design Review
14-09 for the construction of a new 2,981 square feet two-story single-family dwelling
unit with an attached three-car garage, located at 9342 Guess Street, and subject to the
conditions listed in Attachment "A" attached herto 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
Rosemead Municipal Code Section 17.160.040 —Appeals of Decisions.
SECTION 5. This resolution is the result of an action taken by the Planning
Commission on December 1, 2014, by the following vote:
YES: DINH, ENG, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSENT: NONE
ABSTAIN: 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 1st day of December, 2014.
yyl l>
Nancy Erfg1 Chair
CERTIFICATION VV
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 1st day of
December, 2014, by the following vote:
YES: DINH, ENG, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
� �
Michelle Ramirez, e
� tary
APPROVE/ • S TO FO
Grego=F. 7phy, Pla 'Trig , mission Attorney
Burke, W i. s & Sorensen, LLP
ATTACHMENT "A"
DESIGN REVIEW 14-09
9342 GUESS STREET
(APN: 8594-012-003)
CONDITIONS OF APPROVAL
December 1, 2014
1. Design Review 14-09 is approved for the construction of a new 2,981 square feet
two-story single-family dwelling unit with an attached three-car garage, in
accordance with the plans marked Exhibit "C", dated November 12, 2014. 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 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 14-09 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 on-site public hearing notice posting shall be removed by the end of the 10-
day appeal period of Design Review 14-09.
6. Design Review 14-09 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
Design Review 14-09 has been unused, abandoned, or discontinued for a period
of one (1) year, it shall become null and void.
7. 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 14-09 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 14-09.
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 six (6) inches tall with a
minimum character width of 3/4 inch, 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
through Saturday. No construction shall take place on Sundays or on any federal
holiday, without prior approval by the City.
14. The Building Division, Planning Division, and Engineering Division shall have
access to the subject property at any time during construction to monitor
progress.
15. All requirements of the Building and Safety Division, Planning Division, and
Engineering Division shall be complied with prior to the final approval of the
proposed construction.
16. 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.
17. 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.
18. 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 of 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.
19. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.