PC - 2015-19 - Approving 1 year Extension for Tentative Tract Map 63609 at 8440-8446 Dorothy StreetPC RESOLUTION 15 -19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING A ONE (1) YEAR EXTENSION FOR TENTATIVE TRACT
MAP 63609, A REQUEST FOR THE SUBDIVISION OF THREE (3)
PARCELS INTO SEVEN (7) PARCELS, FOR THE DEVELOPMENT OF
SIX (6) NEW SINGLE - FAMILY RESIDENCES, LOCATED AT 8440 -8446
DOROTHY STREET, IN THE P -D (PLANNED DEVELOPMENT) ZONE
(AIN: 5288 - 003 -040, 041, AND 042).
WHEREAS, on September 16, 2015, Hubert Trieu filed an Extension application
requesting a one (1) year extension for Tentative Tract Map 63609; and
WHEREAS, 8440 -8446 Dorothy Street 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 of the Rosemead Municipal Code specify the criteria by which a
subdivision map may be granted; and
WHEREAS, on October 22, 2015, forty -one (41) property owners, publication in
the Rosemead Reader, and postings of the notice at the six (6) public locations and on
the subject site; and
WHEREAS, on November 2, 2015, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Tentative
Tract Map 63609 (Extension); 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
Tract Map 63609 (Extension) is Categorically Exempt Section 15061(B)(3) of the
California Environmental Quality Act (CEQA) guidelines. Section 15061 (13)(3) of CEQA
exempt projects if the activity is covered by the general rule that CEQA applies only with
projects, which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in
question may have significant effect on the activity, the activity is not the subject to
CEQA. Accordingly, Tentative Parcel Map 63609 is exempt from CEQA, pursuant to
Section 15061(B)(3) of the CEQA guidelines.
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SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Tentative Tract Map 63609 (Extension) according
to the criteria of Section 16.08 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; and
FINDING: The project was approved by the Planning Commission on November
20, 2006. Through this application, the applicant is only requesting a one (year)
extension to proceed with the project as approved. All necessary public improvements
will be made prior to the construction of the six proposed residential homes. These
improvements will be made on Dorothy Avenue, where the site access is located.
Furthermore, the project site is located within a medium density residential General Plan
land use designation. The subdivision is designed within the parameters of the medium
density definition of 0 — 9 units per acre (prior General Plan). The current General Plan
allows a density of 0 -12 units in the Medium Density land use designation. The project
equates to less than six units per acre, which is a low density design.
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; and
FINDING: The project was approved by the Planning Commission on November
20, 2006. Through this application, the applicant is only requesting a one (year)
extension to proceed with the project as approved. The subject site is designated P -D
(Planned Development) on the Zoning Map and Medium Density 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: The project was approved by the Planning Commission on November
20, 2006. Through this application, the applicant is only requesting a one (year)
extension to proceed with the project as approved. The proposed map conforms 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
FINDING: The project was approved by the Planning Commission on
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November 20, 2006. Through this application, the applicant is only requesting a one
(year) extension to proceed with the project as approved. 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 the original
Conditions of Approval which were approved on November 20, 2006 and will be
complied with at the time of filing the final map and at the implementation phase.
E. All easements and covenants required for the approval of the tentative
map or plot plan have been duly executed and recorded.
FINDING: The project was approved by the Planning Commission on November
20, 2006. Through this application, the applicant is only requesting a one (year)
extension to proceed with the project as approved. As originally approved, 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 a one (1) year
extension for Tentative Tract Map 63609, located at 8440 -8446 Dorothy Street.
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 November 2, 2015, by the following vote:
YES: ENG, DANG, 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 to the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 2 �da"f November, 201
John Tang,
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 nd day of
November, 2015, by the following vote:
YES: ENG, DANG, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSENT: NONE
ABSTAIN: NONE (�
Michelle Ramirez, Secretary
APPROVED O FORM:
Gregory . Mu hy, Cor4irssion Attorney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
(PLANNING COMISSION RESOLUTION 15 -19)
TENTATIVE TRACT MAP 63609 (EXTENSION)
8440 -8446 DOROTHY STREET
(AIN: 5288-003-040,041, AND 042)
CONDITIONS OF APPROVAL
November 2, 2015
1. Tentative Tract Map 63609 (Extension) shall be in compliance and remain in
compliance with all Conditions of Approval for Tentative Tract Map 63609,
Planned Development Review 05 -01, and Zone Variance 06 -342, in addition to
the Conditions of Approval for Tentative Tract Map 63609 (Extension).
2. Tentative Tract Map 63609 (Extension) is approved for a one year extension for
Tentative Tract Map 63609, a request for the subdivision of three (3) parcels into
seven (7) parcels for the development of six (6) new single - family residences.
Any revisions to the approved plans must be resubmitted for the review and
approval of the Planning Division.
3. Tentative Tract Map 63609 (Extension) 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.
4. The onsite public hearing notice posting shall be removed by the end of the 10-
day appeal period of Tentative Tract Map 63609 (Extension).
5: Tentative Tract Map 63609 (Extension) 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 the Tentative Tract Map 63609 (Extension) has been
unused, abandoned or discontinued for a period of one (1) year it shall become
null and void.
6. The Planning Commission hereby authorizes the Planning Division to make
and /or approve minor modifications to the project and to these conditions of
approval.
7. Tentative Tract Map 63609 (Extension) is granted or approved with the City and
its Planning Commission and City Council retaining and reserving the right and
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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 Tentative Tract Map 63609
(Extension).
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 Preliminary Soils Engineering Investigation Report, dated January 23, 2006,
shall be updated and approved in accordance with the City of Rosemead's
Geotechnical and Engineering Geology Consultation and review process.
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