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PC - 2015-01 - Approving Zone Varience 14-06 and Minor Exception 14-25 Granting an Exception to the Minimum setback for an Attached Accessory Building and to Make Additions to an Existing Legal Nonconforming Single-Family Dwelling Unit PC RESOLUTION 15-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING ZONE VARIANCE 14-06 AND MINOR EXCEPTION 14-25, GRANTING AN EXCEPTION TO THE MINIMUM SETBACK FOR AN ATTACHED ACCESSORY BUILDING AND TO MAKE ADDITIONS TO AN EXISTING LEGAL NONCONFORMING SINGLE-FAMILY DWELLING UNIT. THE SUBJECT PROPERTY IS LOCATED AT 3209 FALLING LEAF AVENUE (APN: 5287-023-037), IN THE R-2 (LIGHT MULTIPLE RESIDENTIAL) ZONE. WHEREAS, on November 6, 2014, Frank Wah Hui has submitted an application for a Zone Variance and Minor Exception, requesting an exception to the minimum setback for an attached accessory building and to make additions to an existing legal nonconforming single-family dwelling unit; WHEREAS, 3209 Falling Leaf Avenue is located in the R-2 (Light Multiple Residential) zone; WHEREAS, Section 17.140.040 of the Rosemead Municipal Code provides the criteria for a Zone Variance; WHEREAS, Section 17.72.040 of the Rosemead Municipal Code provides the criteria for a Minor Exception; WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.140.040 of the Rosemead Municipal Code authorizes the Planning Commission to approve, conditionally approve, or deny Zone Variance applications; WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.142.020 of the Rosemead Municipal Code authorizes the Planning Commission to approve, conditionally approve, or deny Minor Exception applications; WHEREAS, on February 19, 2015, fifty-eight (58) 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, and the date, time, and location of the public hearing for Zone Variance 14-06 and Minor Exception 14-25, and on February 19, 2015, the notice was published in the Rosemead Reader; WHEREAS, on March 2, 2015, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Zone Variance 14-06 and Minor Exception 14-25; 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 Zone Variance 14-06 and Minor Exception 14-25 are classified as a Class 5 Categorical Exemption, pursuant to Section 15305 of the California Environmental Quality Act guidelines. Section 15305 of the California Environmental Quality Act guidelines exempts projects consisting of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Zone Variance 14-06 and Minor Exception 14-25, in accordance with Section 17.140.040 and 17.72.040 of the Rosemead Municipal Code as follows: A. According to Rosemead Municipal Code, Section 17.72.040(A)(2), a structure that is legal nonconforming due to setbacks, height, or other similar development standard, but not including floor area, may be enlarged or extended provided that the enlargement shall not increase the degree of nonconformity nor shall it extend into any conforming setback area. Such enlargement shall be processed pursuant to the standards set forth in Chapter 17.142 (Minor Exceptions). FINDING: The existing single-family dwelling unit was constructed with a five (5) feet rear yard setback, two (2) feet interior side yard setback, and seven (7) feet street side yard setback. According to the current Rosemead Zoning Code, the subject single- family dwelling unit would require minimum setbacks of twenty (20) feet, five (5) feet, and ten (10) feet, respectively. The proposed addition and two-car garage would conform to the current minimum setback requirements. The degree of nonconformity would not be increased and does not extend into any conforming setback area. B. There are special circumstances or conditions applicable to the subject property (such as location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning district. FINDING: The standard minimum lot width is fifty (50) feet. The subject property is a narrow corner lot with a lot width of forty (40) feet. With a minimum interior side yard setback of five (5) feet and minimum street side yard setback of twenty (20) feet for the proposed two-car garage (accessory building), it would be unfeasible to construct a garage with the required interior clearance length of twenty (20) feet for vehicles entering and exiting via Falling Leaf Avenue. Due to the location of the existing fire hydrant, stormwater catch basin, and street sign along Emerson Place, it would be unfeasible to locate a driveway along Emerson Place. The surrounding properties are located in the identical zone as the subject property. The properties to the north and west of the subject property are interior lots and do not have such obstacles located in front of their respective properties. The adjacent corner lot, also, has a driveway facing Falling Leaf Avenue, as opposed to Emerson Place. Additionally, the adjacent corner lot has a lot width of fifty (50) feet. C. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning district. FINDING: The adjacent corner lot to the east of the subject property consists of 1,586 square feet of floor area. The adjacent interior lot directly to the west of the subject property consists of 1,541 square feet of floor area. Similarly, the applicant is proposing a total of 1,542 square feet of floor area. The proposed additional square footage would fall under the allowable floor-area ratio of 0.35. Strict compliance with the Zoning Code requirements would deprive the subject property of the privilege of the allowable floor-area ratio enjoyed by the adjacent properties. The surrounding properties are located in the identical zone as the subject property. D. Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated. FINDING: The subject property is hindered by a fire hydrant, stormwater catch basin, and street sign occupying the front of the lot, whereas the adjacent properties do not face such obstacles. Additionally, the subject property does not meet the minimum lot width of fifty (50) feet, while the adjacent corner lot does meet the minimum lot width. The approval of the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity, because the subject property possess special circumstances that are not found on its surrounding properties. E. The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel. FINDING: The use of the property will remain a single-family dwelling, which is permitted in the R-2 (Light Multiple Residential) zone. SECTION 3. The Planning Commission HEREBY APPROVES Zone Variance 14-06 and Minor Exception 14-25 for an exception to the minimum setback for an attached accessory building and to make additions to an existing legal nonconforming single-family dwelling unit, located at 3209 Falling Leaf Avenue, and subject to the conditions listed in Attachment "A" 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 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 March 2, 2015, by the following vote: YES: 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 2nd day of March, 2015. Nan cyEi 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 2"d day of March, 2015, by the following vote: YES: ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSENT: NONE ABSTAIN: NONE Michelle Ramirez, St retary APPRO D AS TO FO( A Greg:ry M.' phy, PI rnir r fission Attorney Burke, Williams & Sorens- , LP ATTACHMENT "A" ZONE VARIANCE 14-06 AND MINOR EXCEPTION 14-25 3209 FALLING LEAF AVENUE (APN: 5287-023-037) CONDITIONS OF APPROVAL March 2, 2015 1. Zone Variance 14-06 and Minor Exception 14-25 is approved for an exception to the minimum setback for an attached accessory building and to make additions to an existing legal nonconforming single-family dwelling unit, in accordance with the plans marked Exhibit "C", dated February 23, 2015. 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 Zone Variance 14-06 and Minor Exception 14-25 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 Zone Variance 14-06 and Minor Exception 14-25. 6. Zone Variance 14-06 and Minor Exception 14-25 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 Zone Variance 14-06 and Minor Exception 14-25 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. Zone Variance 14-06 and Minor Exception 14-25 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 Zone Variance 14-06 and Minor Exception 14-25. 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 prevention devices, fire valves, NC 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. All landscaping shall be rehabilitated to the Planning Division's satisfaction. 19. All trash and debris located on-site shall be removed. 20. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings.