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PC - 2015-13 - Approving Tentative Parcel Map 73496 For The Subdivision of One Existing Parcel Into Two Parcels at 1151 San Gabriel PC RESOLUTION 15-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 73496 FOR THE SUBDIVISION OF ONE (1) EXISTING PARCEL INTO TWO (2) PARCELS. THE SUBJECT SITE IS LOCATED AT 1151 SAN GABRIEL BOULEVARD, IN THE P-D (PLANNED DEVELOPMENT) ZONE (APN: 5275-015-027 AND 5275-015-028). WHEREAS, on May 14, 2015, Don Bosco Technical Institute filed an application for Tentative Parcel Map 73496 to subdivide one (1) existing parcel into two (2) parcels, located at 1151 San Gabriel Boulevard, and WHEREAS, 1151 San Gabriel Boulevard is located in the P-D (Planned Development) 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, 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 10, 2015, 191 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 public hearing for Tentative Parcel Map 73496, and on September 10, 2015, the notice was published in the Rosemead Reader; 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 Tentative Parcel Map 73496; 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 Tentative Parcel Map 73496 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 1 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 73496 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 73496; 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 of the subject lot would allow the lot to be subdivided without creating detrimental visual or privacy impacts to the surrounding parcels. The applicant is not proposing any development on the site. The existing site is currently vacant and will remain vacant. The proposed map is designed within the parameters of the Subdivision Map Act and the Rosemead Municipal Code. The map will not be detrimental to public welfare or injurious to the property improvements. B. The proposed division will not be contrary to any official plan adopted by the City Council; or to any official policies or standards adopted by the City Planning Commission or 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 subject site is designated P-D (Planned Development) on the Zoning Map and Public Facilities in the General Plan. Planning Division staff, as well as the City Engineer, have checked the map for accuracy and have verified that the application is not contrary to any adopted policy or plans. C. Each proposed parcel conforms in area and dimension to the provisions of zoning and subdivision requirements of the city; FINDING: Table 17.24.030.2 of the Rosemead Municipal Code requires that a P-D zone include a parcel of land containing not less than one acre. The proposed parcel (Parcel 1) will have a total lot area of 2.01 acres. Therefore, the proposed map will conform to city codes and will be processed in compliance with the Subdivision Map Act 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; and 2 FINDING: Access to the new parcel (Parcel 1) is via Orange Street. No additional streets, alleys, or driveways are proposed with this map. The City Engineer has checked the tentative map for its accuracy and is satisfied with the proposed parcel map request. The City Engineer's conditions of approval have been included in Conditions of Approval and will be complied with at the time of filing the final map and at the implementation phase. In addition, the applicant is not proposing any development on the site. The existing site is currently vacant and will remain vacant. E. All easements and covenants required for the approval of the tentative map or plot plan have been duly executed and recorded. FINDING: Prior to recordation of the final parcel map, and where applicable, the applicant shall dedicate necessary easements to be executed as required by the City Engineer and such dedicated easements shall be recorded with the Final Parcel Map. SECTION 3. The Planning Commission HEREBY APPROVES Tentative Parcel Map 73496 for the subdivision of one (1) existing parcel into two (2) parcels, located at 1151 San Gabriel Boulevard; subject to 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 September 21, 2015, by the following vote: YES: DANG, 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 21st day of September, 2015. Lualak J•hn T- g, Crir 3 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: NO: ABSENT: ABSTAIN: Mil Michelle Ramirez, retary APPROV E���AS�,,T��O FO�fjp' Grego&} Ifti.�I O ,, Plannnniin ommission Attorney Burke, Williams & Sorensen, LLP 4 ATTACHMENT "A" TENTATIVE PARCEL MAP 73496 1151 SAN GABRIEL BOULEVARD (APN: 5275-015-027 AND 5275-015-028) CONDITIONS OF APPROVAL September 21, 2015 1. Tentative Parcel Map 73496 is approved for the subdivision of one (1) existing parcel into two (2) parcels, to be developed in accordance with the Tentative Parcel Map marked Exhibit "C" dated September 2, 2015. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of Tentative Parcel Map 73496 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 73496. 4. Tentative Parcel Map 73496 is approved for a two-year period. The applicant shall commence the proposed project or request an extension within 30 calendar days prior to expiration. The two (2) years 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 73496 has been unused, abandoned, or discontinued for a period of two (2) years, it shall become null and void. 5. The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications. 6. 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. 7. Tentative Parcel Map 73496 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 imposition of new conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the 5 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 73496. 8. 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. 9. 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. 10. Applicant shall obtain an encroachment permit for all work in the public right-of- way. 11. 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. 12. The site shall be maintained in a clean, graffiti and weed free state in accordance with the Rosemead Municipal Code. It shall be the responsibility of the subject property owner to remove any new litter and graffiti within twenty- four (24) hours. The City's 24-hour Graffiti Hotline can be called at (626) 569- 2345 for assistance. 13. Parcel 1 shall be totally enclosed by a fence that is a minimum of six (6) feet in height at all times. All fencing shall be kept in good condition and properly maintained. 14. Violation of conditions of approval may result in citation and/or initiation of revocation proceedings. ENGINEERING CONDITIONS OF APPROVAL GENERAL 15. 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. 6 16. A final tract 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. 17. A preliminary subdivision guarantee is required showing all fee interest holders and encumbrances. An updated title report shall be provided before the final tract map is released for filing with the County Recorder. 18. The final tract 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. 508-001, if required. 19. 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. 20. Comply with all requirements of the Subdivision Map Act. 21. Approval for filling 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. 22. The City reserves the right to impose any new plan check and/or permit fees approved by City Council subsequent to tentative approval of this map. FIRE DEPARTMENT CONDITIONS OF APPROVAL 23. No development is proposed at this time. Future improvements for access and water systems will be addressed with further development of Parcels 1 and 2. 24. All hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. 25. The required fire flow for the public fire hydrants is 1250 gallons per minute at 20 psi for a duration of 2 hours, over and above maximum daily domestic demand.