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PC - 2016-04 - Approving Design Review 15-06, Permitting a new 2,818 Sq Ft Two-Story Signle Family Dwelling Unit with an Attached Three-Car Garage PC RESOLUTION 16-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 15-06, PERMITTING A NEW 2,818 SQUARE FEET TWO-STORY SINGLE-FAMILY DWELLING UNIT WITH AN ATTACHED THREE-CAR GARAGE. THE SUBJECT PROPERTY IS LOCATED AT 8917 NEWBY AVENUE (APN: 5391-011-034), IN THE R- 2 (LIGHT MULTIPLE RESIDENTIAL) ZONE. WHEREAS, on June 18, 2015, Vinh Tran submitted a Design Review application to request to construct a new 2,818 square feet two-story single-family dwelling unit with an attached three-car garage at 8917 Newby Avenue; WHEREAS, 8917 Newby Avenue is located in the R-2 (Light Multiple Residential) zoning district; WHEREAS, Section 17.28.020(C) of the Rosemead Municipal Code provides the criteria for a Design Review; WHEREAS, Sections 65800 & 65900 of the California Government Code and Sections 17.28.020(C) of the Rosemead Municipal Code authorizes the Planning Commission to approve, conditionally approve, or deny Design Review applications; WHEREAS, on March 10, 2016, forty-nine (49) notices were sent to property owners within a 300-feet 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 15-06; WHEREAS, on March 21, 2016, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 15-06; 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 15-06 is classified as a Class 3 Categorical Exemption, pursuant to Section 15303 of the California Environmental Quality Act guidelines. Section 15303 of the California Environmental Quality Act guidelines exempts projects consisting of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 15-06, in accordance with Section 17.28.020(C) 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 applicant has provided an aesthetically complementary design, which consists of a modern two-story residential design and new landscaping. The development would improve the overall aesthetics of the surrounding 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-2 zone, which creates a large buffer between the subject residence and the surrounding residences to protect against noise, vibrations, and other factors that 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. Staff has worked closely with the applicant to achieve a residential design that would complement the neighborhood character. The applicant has proposed a contemporary architectural design, which incorporates some aesthetic characteristics found in residences currently built in the San Gabriel Valley. The dwelling unit has been designed to create visual interest at the street level. The proposed design elements are similar to many homes in the surrounding area. 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 has proposed an appealing architectural design, which will create an improved site that is aesthetically complementary to the surrounding area. 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 satisfies all of the minimum zoning code requirements for the R-2 (Light Multiple Residential) zone, and all applicable referenced code sections of the Rosemead Municipal Code. 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 Newby 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. SECTION 3. The Planning Commission HEREBY APPROVES Design Review 15-06 for the construction of a new 2,818 square feet two-story single-family dwelling unit with an attached three-car garage at 8917 Newby 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 21, 2016, by the following vote: AYES: DANG, ENG, HERRERA, LOPEZ, AND TANG NOES: NONE 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 21'h day of March, 2016. JowaTa`ig, C0 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 21th day of March, 2016, by the following vote: AYES: DANG, ENG, HERRERA, LOPEZ, AND TANG NOES: NONE ABSTAIN: NONE ABSENT: NONE Michelle Ramire j-ecretary APPROV- % •STOF T Grego` t .hy, Plannin! Commi ion Attorney Burke, Ili. s & Sorense , ATTACHMENT "A" (PC RESOLUTION 16-04) DESIGN REVIEW 15-06 8917 NEWBY AVENUE (APN: 5391-011-034) CONDITIONS OF APPROVAL March 21, 2016 Standard Conditions of Approvals 1. Design Review 15-06 ("Project") is approved for the construction of a new 2,818 square feet two-story single-family dwelling unit with an attached three-car garage, in accordance with the plans marked Exhibit "B", dated March 07, 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. 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. Project Specific Conditions of Approval 19. All property that is vacant, under construction, or being demolished shall be totally enclosed around the perimeter by a fence that is a minimum of six feet in height as measured from adjacent property, subject to the approval of the Community Development Director or other designated officials. The following requirments shall be met: a. The required fence shall be adequately constructed from chain-link, lumber, masonry or other approved materials. The fence shall be entirely self-supporting and shall not encroach or utilize structures or fencing on any adjacent property without prior written approval of the adjacent property owner. b. The fence shall be installed prior to the initiation of any construction or demolition and shall be continuously maintained in good condition. c. Maintenance of the property shall include the removal of trash and debris, weeding, and pruning of dead materials. d. Signs stating "PRIVATE PROPERTY, NO TRESPASSING" shall be posted on the fence. 20. All fences and/or walls shall be decorative and consistent in design, color, and material throughout the subject property. All new fences and/or walls shall match or complement the surrounding fences and/or walls to the satisfaction of the Planning Division. The proposed CMU block wall on the east property line shall incorporate split face columns. A fence permit shall be obtained prior to installation of the new wall. 21. A series of stamped, colored concrete bands shall be incorporated with a minimum depth of 12 feet. The bands shall complement the single-family dwelling unit. 22. All gutters, downspouts, exterior water heaters, and similar architectural features shall be painted to match the single-family dwelling unit. 23. The final landscaping plans shall comply with the City of Rosemead's Water Efficient Landscaping regulations.