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PC - 2016-03 - Approving Design Review 15-09, Minor Exception 15-10, Permitting a 1868 Square Feet Addition PC RESOLUTION 16-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 15-09 AND MINOR EXCEPTION 15-10, PERMITTING A 1,868 SQUARE FEET ADDITION TO AN EXISTING LEGAL, NONCONFORMING SINGLE-FAMILY DWELLING UNIT WITH A SUBSTANDARD SIDE YARD SETBACK AND A TOTAL FLOOR AREA OVER 2,500 SQUARE FEET. THE SUBJECT PROPERTY IS LOCATED AT 3361 MUSCATEL AVENUE (APN: 5289-008-068), IN THE R-1 (SINGLE-FAMILY RESIDENTIAL) ZONE. WHEREAS, on September 16, 2015, Jian Feng Liu 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 and a total floor area over 2,500 square feet at 3361 Muscatel Avenue; WHEREAS, 3361 Muscatel 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 February 25, 2016, fifty-eight (58) 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 15-09 and Minor Exception 15-10; WHEREAS, on March 7, 2016, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 15-09 and Minor Exception 15-10; 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 15-09 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of California Environmental Quality Act guidelines and Minor Exception 15-10 is classified as a Class 5 Categorical Exemption pursuant to Section 15305 of California Environmental Quality Act guidelines. Section 15301 of the California Environmental Quality Act 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 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 15-09 and Minor Exception 15-10, 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 will maintain the existing single-family dwelling use. The proposed project will not disrupt the single-family dwelling characteristic of the surrounding neighborhood. Also, in order to minimize the impacts of adding bulk and mass to existing residential neighborhood, the proposed addition will be located in the rear half of the lot. 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 will 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 proposed addition will essentially match the existing single family dwelling in exterior appearance. Such exterior appearance will complement the surrounding neighborhood, as the colors and materials are similar to those found within the vicinity of the subject site. 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 applicant is 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 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 Muscatel Avenue. The design and construction of this project would preserve and provide adequate access and circulation for vehicular and pedestrian traffic. The proposed development will not significantly 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 will not increase the degree of nonconformity and will not extend into any conforming setback area. The standard minimum side yard setback for the subject property is six (6) feet. The proposed addition will provide a six (6) feet side yard setback along the northern property line and a sixteen (16) feet and six (6) inch side yard setback along the southern property line. The proposed addition will significantly exceed the standard minimum rear yard setback. The existing dwelling structure is proposed to remain. SECTION 3. The Planning Commission HEREBY APPROVES Design Review 15-09 and Minor Exception 15-10 for the construction of additions to an existing legal, nonconforming single-family dwelling unit with a substandard side yard setback and a total floor area over 2,500 square feet at 3361 Muscatel 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 7, 2016, by the following vote: AYES: DANG, HERRERA, LOPEZ, AND TANG NOES: ENG ABSTAIN: NONE ABSENT: 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 7'" day of March, 2016. NAILS John ang, hail 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 7th day of March, 2016, by the following vote: AYES: DANG, HERRERA, LOPEZ, AND TANG NOES: ENG ABSTAIN: NONE ABSENT: NONE c Michelle Ramire cretary APPRO D AS TO M: Grego=urphy, PI ping Commission Attorney Burke, Williams & Sorensen, LLP ATTACHMENT "A" (PC RESOLUTION 16-03) DESIGN REVIEW 15-09 AND MINOR EXCEPTION 15-10 3361 MUSCATEL AVENUE (APN: 5289-008-068) CONDITIONS OF APPROVAL March 7, 2016 Standard Conditions of Approvals 1. Design Review 15-09 and Minor Exception 15-10 ("Project") is approved for the construction of additions to an existing legal, nonconforming single-family dwelling unit with a substandard side yard setback and a total floor area over 2,500 square feet, in accordance with the plans marked Exhibit "B", dated February 24, 2016. 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 Project shall not take effect for any purpose until the applicants have filed with the City of Rosemead ("City") 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 Project. 6. Project 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 Project 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. Project 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 Project. 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, 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. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Project Specific Conditions of Approval 18. 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/or drainage shall take place in accordance with such approved plan. 19. 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. 20. 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. All onsite conditions, such as landscaping and fencing, shall be improved to the satisfaction of the Planning Division. 21. Operation of a child day care facility for care and supervision of 9 to 14 children shall require a City of Rosemead business license. 22. Metal security bars, gates, grilles, or wire mesh shall not be used on the exterior of any window that is visible from any street or other public places. 23. The applicant shall execute and record a covenant, to the satisfaction of the Community Development Director, which would require the property to remain a single unit and not be divided into two or more units. (ADDED BY THE PLANNING COMMISSION ON MARCH 7, 2016) 24. The operation of a childcare facility on the site shall take place only in the existing portion of the building and not in the addition permitted pursuant to this Design Review and Minor Exception. (ADDED BY THE PLANNING COMMISSION ON MARCH 7, 2016)