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PC - 2015-14 - Approving Design Review 14-07 and Zone Variance 14-04 for the Construction of a Six Unit Apartment Building at 4117 Walnut Grove Avenue PC RESOLUTION 15-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 14-07 AND ZONE VARIANCE 14-04 FOR THE CONSTRUCTION OF A SIX UNIT APARTMENT BUILDING ON A PARCEL OF LAND WITH A LOT WIDTH OF LESS THAN 70 FEET AT 4117 WALNUT GROVE AVENUE IN THE R-3 (MEDIUM MULTIPLE RESIDENTIAL) ZONE (APN: 5372-020-038). WHEREAS, on April 29, 2014, Alex Ma filed an application to construct a new six unit apartment building, located at 4117 Walnut Grove Avenue; and WHEREAS, 4117 Walnut Grove Avenue is located in the R-3 (Medium Multiple Residential) zoning district, which allows the development of multiple-family dwellings, such as apartments, upon the review and approval of a discretionary Design Review application by the Planning Commission; and WHEREAS, Section 17.28.020.0 of the Rosemead Municipal Code provides the criteria by which the Planning Commission may approve, approve with conditions, or deny an application for a Design Review; and Section 17.12.030 of the Rosemead Municipal Code provides the purpose and criteria for Zone Variance approval; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Sections 17.28.020.0 and 17.140.040 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny Design Review and Zone Variance applications, respectively; and WHEREAS, on September 10, 2015, fifty-nine (59) notices were sent to property owners within a 300-foot radius from the subject property and notice was published in the Rosemead Reader, 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 public hearing for Design Review 14-07 and Zone Variance 14-04; and WHEREAS, on September 21, 2015, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 14-07 and Zone Variance 14-04; 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 14-07 and Zone Variance 14-04 are classified as a Class 3 Categorical Exemption pursuant to Section 15303 of CEQA guidelines. Section 15303 exempts projects that consist of the construction of small structures. In urban areas, this exemption applies to apartments designed for not more than six (6) dwelling units on any legal parcel. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 14-07 in accordance with Section 17.28.020 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 proposed apartment building and site renovation is located within an established multi-family district of the City. The applicant has provided an aesthetically complementary design and the proposed improvements will vastly improve the existing site and its relationship to the residential district. The maximum of height of the structure is 26'-7," which is well below the 35'-0" maximum height allowed by the Zoning Code. The structure height fits appropriately between the larger multifamily development north of the site and the single-story development to the south. Although a large hardscape area is proposed in the front yard, the sloped driveway that leads to the subterranean parking garage will help reduce the amount that is visible from the public right-of-way. Furthermore, the designer is proposing a combination of quality hardscape materials such as permeable 45° herringbone interlocking pavers and scored concrete. 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: Conditions of approval have been incorporated to eliminate or mitigate adverse effects on the environment as a result of the proposed project. All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties in accordance with City Zoning standards. This development will not generate any permanent impacts to noise levels for the surrounding area. The utility room, maintenance closet, and trash enclosure will be located within the subterranean garage, away from view of the public right-of-way. 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, screening of mechanical equipment, landscaping, lighting, 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 improve the physical appearance of the overall site which has been vacant since 1986. The building elevations were designed to complement the existing residential units in the immediate neighborhood. The architectural design of the project is influenced by several Spanish style elements, including the use of clay roof tiles, stucco walls, ceramic tile decorations, and 24" eave overhangs with exposed wood rafter tails. The total height of the structure is 26'-7," which is well below the 35'-0" maximum height allowed by the Zoning Code. The structure height fits appropriately between the larger multifamily development north of the site and the single-story development to the south. The improvements to the site in terms of new landscaping, decorative block walls, and hardscape treatment will provide a marked improvement for this residential area along Walnut Grove Avenue. 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, so there is no special need to create harmony with the general area. Notwithstanding this, the approved design will create a development that is aesthetically complementary to the surrounding area and which has the potential to enhance land values in the general area. This is due to the proposed new apartment building with higher quality materials, a modern Spanish influenced design that blends with the neighborhood, as well as greatly improved landscaping. 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; and FINDING: The proposed development meets all of the minimum code requirements for the R-3 (Medium Multiple Residential) zone, with the exception of lot width for which a Zone Variance request has been submitted. F. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaires 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 when viewed from the public streets. FINDING: Access to the site will be via a 26-0" wide driveway on Walnut Grove Avenue. The City Engineer is also requiring a new 5-0" wide sidewalk, curb, gutter, driveway approach, and 36" box street tree as a condition of approval. Given the narrow lot width, the building will have a larger front yard setback that will slope down to a subterranean parking garage. The driveway's slope will help reduce the amount of hardscape that is visible from the public right-of-way. Two 48" box Gold Medallion trees are also proposed within the front yard, which will help generate a feeling of permanence for the new project. As a condition of approval, staff has requested that the landscape planter located in the front yard, along the south property line, be increased in size. A condition of approval also requires that a drought tolerant vine be added to the second story planter to soften the building wall below the first floor. Lastly, the total height of the structure is 26'-7," which is well below the 35-0" maximum height allowed by the Zoning Code. The structure's height fits appropriately between the larger multifamily development north of the site and the single-story development to the south SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Zone Variance 14-04 in accordance with Section 17.140.040 et seq., of the Rosemead Municipal Code as follows: A. 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 subject site is the only vacant parcel of land located on the west side of Walnut Grove Avenue, north of Valley Boulevard and south of Wells Street in the R-3 zone. The western side of this portion of Walnut Grove Avenue has been predominantly developed with two-story multi-family housing projects. Some of the existing multi-family housing development has occurred on development sites that have lot widths of less than 70 feet. This has occurred on lots that have large depths and lot areas that support multiple units similar to the subject site. The subject site has a lot area of 14,700 square feet. Single-family and two-family development has occurred only on the east side of the street on lots that have lot areas of approximately 7,000 square feet. Although the R-3 zone allows single- family and two-family dwellings on R-3 zoned lots that have lot widths of less than 70 feet by right, such development along this portion of Walnut Grove Avenue would not be consistent with the character of the existing neighborhood. A large multi- family apartment project is sited on the adjacent R-3 lot to north of the subject site, and multiple single-family detached units are sited to the south of the adjacent project site. A multi-family housing project on the subject site would further the goals of the General Plan of ensuring that new residential development is of the same scale of the surrounding units in established neighborhoods. Lastly, encouraging development of this underutilized vacant site would also increase housing stock in Rosemead, which is a program objective of the City's Housing Element. B. 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 subject site measures 294 feet by 50 feet wide and has been vacant since 1986, a period of 29 years. This portion of Walnut Grove Avenue has been predominantly developed with two-story multi-family housing projects. Some of the existing multi-family housing development on the west side of Walnut Grove on the long block on which the subject site is located has occurred on development sites that have lot widths of less than 70 feet. The City has found that lots that have large depths and lot areas can support multiple units similar to the proposal for the subject site. The subject site has a lot area of 14,700 square feet. Single-family and two- family development has occurred in this area only on lots that have lot areas of approximately 7,000 square feet. Although the R-3 zone would allow by right single- family and two-family dwellings on R-3 zoned lots that have lot widths of less than 70 feet, such development along this portion of Walnut Grove Avenue would not be consistent with the character of the existing neighborhood. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity given the large size and depth of this vacant parcel. C. 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; and FINDING: The subject site is located on the west side of Walnut Grove Avenue in the R-3 zone. This portion of Walnut Grove Avenue has been predominantly been developed with two-story multi-family housing projects. Some of the existing multi- family housing development has occurred on development sites that have lot widths of less than 70 feet. The subject site has a lot area of 14,700 square feet. A large multi-family apartment project is sited on the adjacent R-3 lot to north of the subject site, and multiple single-family detached units are sited to the south of the adjacent project site. The approval of the variance for less than the required lot width for a multifamily housing project would promote neighborhood compatibility. In addition, the conditions of approval for the project limit the height of the units and impose other development standards that further bring the project into conformity with the existing neighborhood, such that the variance would not be a grant of special privilege inconsistent with the limitations upon other properties in the vicinity. Specifically, several quality design enhancements are proposed to mitigate bulk and massing issues. The total height of the structure is 26-7," which is well below the 35-0" maximum height allowed by the Zoning Code. This lower building height was accomplished by locating all required parking in a subterranean garage, which will also house the maintenance rooms and trash collection areas. The structure height fits appropriately between the larger multifamily development north of the site and the single-story development to the south. The improvements to the site in terms of new landscaping, decorative block walls, and hardscape treatment will provide a marked improvement for this residential area along Walnut Grove Avenue. D. 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 applicant has submitted a Design Review application for the construction of a six (6) unit residential apartment building located at 4117 Walnut Grove Avenue in the R-3 (Medium Multiple Residential) zone. The R-3 (Medium Multiple Residential) zone only allows residential land uses in the form of single- family units, duplexes, and multiple family dwellings. The Zoning Code defines a multiple-family dwelling as a structure or portion thereof containing three (3) or more dwelling units designed for the independent occupancy of three (3) or more households. Multiple-family dwellings are only permitted in the R-3 (Medium Multiple Residential) zone upon the review and approval of a discretionary Design Review application by the Planning Commission. The proposed apartment building complies with the zoning standards with the exception of the minimum lot with requirement. Further, the proposed multi-family housing project on the subject site is consistent with and would further the goals of the General Plan of ensuring that new residential development is of the same scale of the surrounding units in established neighborhoods. SECTION 4. The Planning Commission HEREBY APPROVES Design Review 14-07 and Zone Variance 14-04 for the construction of a six (6) unit apartment building on a parcel of land with a lot width of less than 70 feet at 4117 Walnut Grove Avenue, subject to conditions listed in Attachment "A" attached hereto and incorporated herein by reference. SECTION 5. 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 6. This resolution is the result of an action taken by the Planning Commission on September 21, 2015 by the following vote: YES: DANG, ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSENT: NONE ABSTAIN: NONE SECTION 7. 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 21st day of September 2015. Atlanta Joan ang,rir 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 21st day of September, 2015, by the following vote: YES: DANG, ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSENT: NONE ABSTAIN: NONE Michelle Ramirez, ecretary APPROVED AS TO FO Gregoory rphy, Plannin. ommission Attorney Burke, Williams & Sorensen, LLP Attachment "A" DESIGN REVIEW 14-07 and ZONE VARIANCE 14-04 4117 WALNUT GROVE AVENUE (APN: 5372-020-038) CONDITIONS OF APPROVAL September 21, 2015 1. Design Review 14-07 and Zone Variance 14-04 are approved for the construction of a six (6) unit two-story multi-family residential development, totaling 5,290 square feet, in accordance with the plans marked Exhibit "C", dated September 9, 2015. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 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. 4. Approval of Design Review 14-07 and Zone Variance 14-04 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 14-07 and Zone Variance 14-04. 6. Design Review 14-07 and Zone Variance 14-04 are 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 14-07 and Zone Variance 14-04 have been unused, abandoned, or discontinued for a period of one (1) year, the entitlements 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, including but not limited to project revisions to incorporate the use of decorative Spanish tiles on the exterior façade, the installation of a combination wrought iron and masonry block wall along the south property line, a solid cover over the wheelchair lift to protect users from harsh weather, and the use of a decorative vertical wrought iron fencing material instead of horizontal wrought iron material (Amended by Planning Commission on September 21, 2015). 8. Design Review 14-07 and Zone Variance 14-04 area 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 14-07 and Zone Variance 14-04. 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. 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 awning shall be kept in good repair and shall be cleaned and maintained on a regular basis. Any awning with holes, tears, rips, or which is significantly faded or stained shall be replaced. Prior to the installation of the awning, a material sample shall be submitted to the Planning Division for the review and approval. The awning shall have a matte finish. The awning material shall have a manufacturer's warranty demonstrating that the material is fade resistant, crack and peel resistant, and mildew resistant. 19. A final landscape and irrigation plan shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. The landscape and irrigation plan shall include a water efficient irrigation system. The plan shall include all plant materials, including quantity and container sizes, shown on the landscape plan dated September 9, 2015 with the exception of the following revisions: a. Use four (4) 24"-box Raywood Ash trees instead of (4) 24"-box Crape Myrtle trees to provide a greater amount of shade within the shared open space amenity; b. Add a drought tolerant vine, such as bougainvillea or creeping fig, to be placed in the planter attached to the front building facade (east elevation). The vine shall be trained to grow downward on the building facade that abuts the driveway entrance to the subterranean parking. c. Increase the width of the landscape planter that is located in the front yard, along the south property line, from 2'-0" to 7'-0". d. Revise the landscape plan to include the permeable pavers on the driveway that are shown on the architectural site plan. e. If the total landscape area equals or exceeds 2,500 square feet, the final plan shall comply with the City's Water Efficient Landscape Ordinance. 20. Prior to the issuance of building permits, the Applicant shall submit a lighting plan for approval by the Planning Division. The lighting plan shall include a schematic depicting the location of lighting sources, as well as type of lighting proposed. The lighting plan shall address the following criteria: a. Lighting shall be fully shielded to minimize glare. b. Light fixtures shall be architecturally compatible with the structures design. c. Structure entrances should be well illuminated. 21. In order to utilize the additional 3.5% bonus floor area, the following design elements shall remain in effect: a. Usage of windows that are recessed a minimum of four (4) inches on the front elevation b. Use of single-hung or double-hung windows on the front elevation c. Use of eave overhangs of 18-inch or more with exposed decorative rafter tails 22. Prior to construction commencing, the contractor shall schedule a pre- development meeting with the Planning Division staff to review the conditions of approval and construction plans. 23. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. City Engineer Conditions of Approval 24. (1) New driveway approach according to SPPWC Standard Plan 110-2. New driveway 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 driveway approaches shall be limited to the frontage of the parcel. The driveway approach is intended to serve, and is designed to the satisfaction of the City Engineer. Remove and construct driveway approaches as indicated on the plans. New driveway approach must be a minimum of 2' away from southerly neighbor's driveway approach and cannot be adjoined. Maximum driveway width is to be 25' or the minimum requirement of the Fire Department. 25. Close existing driveway approach with curb, gutter, and sidewalk (from score line to score line). 26. New curb and gutter along the entire frontage of the property and to the nearest score lines. 27. New 5' of P.C.C. Sidewalk shall be installed, as shown on plans, along the entire frontage of the property and to the nearest score lines. 28. All work proposed within the public right-of-way shall require permits from the Public Works Department. 29. Install parkway tree as indicated on the plans. 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. Street trees are also to be a minimum of 6' away from any water meter and 3' away from any existing or proposed driveway apron. The size of the tree shall be minimum 36 inches box. A total of one (1) along Walnut Grove Ave shall be installed. 30. All power, telephone, and cable television shall be underground. 31. Any utilities that are in conflict with the development shall be relocated at the developer's expense. 32. Submit grading, drainage, and structural plans to be forwarded for plan check. 33. Submit a sewer area study in order to determine the impact of the proposed development on the existing sewer system. 34. All 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. 35. A (10) foot wide easement for sidewalk shall be dedicated to the City of Rosemead. It shall be required to widen the public right away along the frontage of Walnut Grove 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.