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PC - 2015-17 - Approving Design Review 15-04 and Minor Exception 15-08 at 3206 Ivar AvenuePC RESOLUTION 15 -17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 15 -04 AND MINOR EXCEPTION 15 -08, PERMITTING A 1,040 SQUARE FEET ADDITION TO AN EXISTING LEGAL, NONCONFORMING SINGLE - FAMILY DWELLING UNIT WITH A SUBSTANDARD SIDE YARD SETBACK, NONCONFORMING SIDE WALL, AND A TOTAL FLOOR AREA OVER 2,500 SQUARE FEET. THE SUBJECT PROPERTY IS LOCATED AT 3206 IVAR AVENUE (AIN: 5289 - 017 -043), IN THE R -1 (SINGLE- FAMILY RESIDENTIAL) ZONE. WHEREAS, on June 4, 2015, Marie Oldendorff and Maria Martinez submitted an application for a Design Review and Minor Exception, requesting to construct additions to an existing legal, nonconforming single - family dwelling unit with a substandard side yard setback, nonconforming side wall, and a total floor area over 2,500 square feet at 3206 Ivar Avenue; WHEREAS, 3206 Ivar Avenue is located in the R -1 (Single - Family Residential) zoning district; WHEREAS, Section 17.28.020(C) of the Rosemead Municipal Code provides the criteria for a Design Review; WHEREAS, Sections 17.72.040(A)(2) and 17.142.020(A)(2) of the Rosemead Municipal Code provides the criteria for the requested Minor Exceptions; WHEREAS, Sections 65800 & 65900 of the California Government Code and Sections 17.28.020(C) and 17.142.020(A) of the Rosemead Municipal Code authorizes the Planning Commission to approve, conditionally approve, or deny Design Review and Minor Exception applications; WHEREAS, on October 8, 2015, sixty -six (66) notices were sent to property owners within a 300 -foot radius from the subject property, the notice was published in the Rosemead Reader, and notices were 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 15 -04 and Minor Exception 15 -08; WHEREAS, on October 19, 2015, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 15 -04 and Minor Exception 15 -08; 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 15 -04 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of California Environmental Quality Act guidelines and Minor Exception 15 -08 is classified as a Class 5 Categorical Exemption pursuant to Section 15305 of California Environmental Quality Act guidelines. Section 15301 of the CEQA guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Section 15305 of the California Environmental Quality Act (CEQA) 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 Design Review 15 -04 and Minor Exception 15 -08, in accordance with Sections 17.28.020(C), 17.72.040(A)(2), and 17.142.020(A)(2) 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 proposed project would maintain the existing single - family dwelling use. The single - family dwelling unit was built in 1955. The proposed addition to the rear of the existing structure would maintain the aesthetics of the existing dwelling unit, and as such, would not disrupt the existing aesthetics of the general 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 project is designed with front and rear setbacks that exceed the minimum requirements of the R -1 zone, which creates a large buffer between the subject 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 would not generate any foreseeable permanent negative impacts to the noise levels of the surrounding area. All construction work would be required to comply with the timeframe and decibel levels indicated in the City of Rosemead Noise Ordinance. Conditions of Approval will specifically address factors such as 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 would not depreciate the appearance and value of the local environment. The single - family dwelling unit was built in 1955. The proposed addition to the rear of the existing structure would maintain the aesthetics of the existing dwelling unit, and as such, would not disrupt the existing aesthetics of the general neighborhood. From the public right -of -way, the appearance of the local environment would be virtually unchanged by the proposed project. 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 subject property is not part of the Civic Center Plan, precise plan, or land reserved for public or educational use. The applicants are proposing to maintain the existing single - family dwelling use, which is the prominent use permitted in the R -1 zone. 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: The proposed development would require the granting of a Minor Exception due to the substandard side yard setback along the northern property line and nonconforming side walls in the front yard, as permitted by the Rosemead Zoning Code. The proposed development conforms with all other standards of the Rosemead Zoning Code and any other applicable referenced ordinances. 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 subject site would continue to be from Ivar Avenue. The design and construction of this project would preserve and provide adequate access and circulation for vehicular and pedestrian traffic. The proposed development would not change the visual effect of the site from the view of the public street. G. 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. FINDING: The proposed addition would not increase the degree of nonconformity and would not extend into any conforming setback area.The standard minimum side yard setback for the subject property is six (6) feet. The proposed addition would provide a six (6) feet and four (4) inch side yard setback along the northern property line and a fifteen (15) feet and six (6) inch side yard setback along the southern property line. The proposed addition would significantly exceed the standard minimum rear yard setback. The existing dwelling structure is proposed to remain. H. Minor exception of fence, wall, hedge, sign, swimming pool, and storage regulations, including vehicles, boats, trailers, and campers, as may be necessary to secure an appropriate improvement or use of a lot, provided that such exceptions do not exceed a 20- percent variation from existing regulations. FINDING: The 20- percent variation from the existing regulation of four (4) feet in height would equal 0.8 feet. However, according to Rosemead Municipal Code, Section 17.04.040(D), where provisions of [the] Zoning Code require calculations to determine applicable requirements, any fractional /decimal results of the calculations shall be rounded as provided by this Subsection: For all calculations required by this Zoning Code other than those described in Subsection D.1, the fractional /decimal results of calculations shall be rounded to the next highest whole number when the fraction /decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. As such, the maximum allowable variation from the standard maximum wall height within the required front yard is one (1) foot. The two (2) nonconforming walls along the northern and southern property line in the required front yard would not exceed the maximum allowable variation. SECTION 3. The Planning Commission HEREBY APPROVES Design Review 15 -04 and Minor Exception 15 -08 for the construction of additions to an existing legal, nonconforming single - family dwelling unit with a substandard side yard setback, nonconforming side wall, and a total floor area over 2,500 square feet at 3206 Ivar 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 October 19, 2015, by the following vote: YES: ENG, DANG, 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 19 day of October, 2015. As )� Ta g, 0jr 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 19 day of October, 2015, by the following vote: YES: ENG, DANG, HERRERA, LOPEZ, AND TANG NO: NONE ABSENT: NONE ABSTAIN: NONE Michelle Ramirez, Aecretary APPROVED AS TO FORM: � , /�r Gregory M. MurphVP Commission Attorney Burke, Williams & Sorensen, LLP ATTACHMENT "A" DESIGN REVIEW 15 -04 AND MINOR EXCEPTION 15 -08 3206 IVAR AVENUE (AIN: 5289 - 017 -043) CONDITIONS OF APPROVAL October 19, 2015 1. Design Review 15 -04 and Minor Exception 15 -08 is approved for the construction of additions to an existing legal, nonconforming single - family dwelling unit with a substandard side yard setback, nonconforming side wall, and a total floor area over 2,500 square feet, in accordance with the plans marked Exhibit "B ", dated October 5, 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 15 -04 and Minor Exception 15 -08 shall not take effect for any purpose until the applicants have 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 15 -04 and Minor Exception 15 -08. 6. Design Review 15 -04 and Minor Exception 15 -08 is approved for a period of one (1) year. The applicant shall commence the approved 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 15 -04 and Minor Exception 15 -08 have 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 15 -04 and Minor Exception 15 -08 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 15 -04 and Minor Exception 15 -08. 9. The applicants 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 applicants 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, 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. All fences and /or walls shall be decorative and consistent in design, color, and material throughout the subject property. All existing fences and /or walls approved to remain shall be improved (e.g. repainted or stucco finished) to match or complement any approved new fences and /or walls to the satisfaction of the Planning Division. A fence permit shall be required prior to final approval of the subject project. 19. Existing residential development proposed to remain on the subject property shall be renovated to match or complement the new construction in color, materials, and architectural style to the satisfaction of the Planning Division. 20. All onsite conditions, such as landscaping and fencing, shall be improved to the satisfaction of the Planning Division. 21. 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. 22. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings.