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PC - Item 3B - Zone Variance 17-02 Through 17-05 at 8133 Artson Street Staff ReportS E M F ROSEMEAD PLANNING COMMISSION ® STAFF REPORT 'NC0�'OItATED 1459 TO: THE HONORABLE CHAIR AND PLANNING COMMISSION FROM: PLANNING DIVISION DATE: NOVEMBER 6, 2017 SUBJECT: ZONE VARIANCE 17-02 THROUGH 17-05 8133 ARTSON STREET SUMMARY Efrain Lopez has submitted a Zone Variance Application proposing to construct an 880 square foot single-family dwelling on an existing vacant lot; located at 8133 Artson Street. The applicant is requesting four variances to deviate from the required minimum front yard setback, side yard setback, rear yard setback, and first floor area. The project site is located in the Light Multiple Residential (R-2) zone. Per Rosemead MunicipalCode Section 17.140.020, a Variance is required for any development that is not consistent with applicable development standards or other regulations of the Rosemead Zoning Code. ENVIRONMENTAL DETERMINATION 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. Accordingly, Zone Variance 17-02 through 17-05 are classified as Class 3 Categorical Exemptions, pursuant to Section 15303 of California' Environmental Quality Act guidelines: STAFF RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 17-20 with findings (Exhibit"A" ), and APPROVE Zone Variance 17-02 through 17-05, subject to the 24 conditions outlined in Attachment "A" attached hereto, PROPERTY HISTORY AND DESCRIPTION The project site is located on the north side of Artson Street, between Eckhart Avenue and an Interstate 10 freeway (on- and off- ramp). The project site consists of one vacant parcel totaling approximately 3,260 square feet of gross lot area and approximately 2,200 square feet of net lot area; �zv o � m m � N 3 � o � � w rn o N O_ J y 0 m m Planning Commission Meeting November 6, 2017 Page 3 of 23 SITE AND SURROUNDING LAND USES The project site is designated in the General Plan as Medium Density Residential and on the zoning map as Light Multiple Residential (R-2) zone. The site is surrounded by the following land uses: North General Plan: Not applicable (Interstate 10 Freeway) Zoning: Not applicable (Interstate 10 Freeway) Land Use: Transportation South General Plan: Zoning: Land Use: East General Plan: Zoning: Land Use: West General Plan: Zoning: Land Use: DISCUSSION Medium Density Residential Light Multiple Residential (R-2) Residential Not applicable (Interstate 10 Freeway) Not applicable (Interstate 10 Freeway) Transportation Medium Density Residential Light Multiple Residential (R-2) Residential Project Description As illustrated in Exhibit "B", the applicant has proposed to construct an 880 square foot single-family dwelling with requested exceptions from the following Rosemead Zoning Code development. standards: 1. Minimum Front Yard Setback (ZV 17-02) – 20 ft. (main building) and 25 #t. (front facing garage); 2. Minimum Side Yard Setback (ZV 17-03) –Greater of 5 ft. or 10% of lot width; 3. Minimum Rear Yard Setback (ZV 17-04)—Lesser of 20 ft. or 20%o.of`lot depth; and 4. Minimum First Floor Area (ZV 17-05) -750 sq. ft. Per Rosemead Municipal Code Section 17.140.020, a Variance is required for any development that is not consistent with applicable development standards or other regulations of [the Rosemead Zoning Code], with an exception of Minor Modifications, which are processed in accordance with Chapter 17.142. Planning Commission Meeting November 6, 2017 Page 4 of 23 Development Standards Development Feature Standard Proposed Main Building: 20'-0" (min.) Front Yard Setback 5'-0" Garage: 25'-0" (min.) T-0" (Northeast) 20'-8" (East) Side Yard Setbacks T-0" (min.) T-0" (West) Rear Yard Setback 6'-0" (min.) 5'-0" First Floor Area 750 sq. ft. (min.) 613 square feet 0.35:1 (max.) Floor Area Ratio or 0.40:1 (includes floor area 0.40:1 (max. including floor area bonus) bonus) Parking Two spaces in an enclosed Two spaces in an enclosed garage (min.) garage Note: Proposed Variances indicated in bold Floor Plan and Elevations The floor plan consists of a living room, kitchen, two -car garage; two (2) bedrooms with closets, and two (2) bathrooms. On the elevations, the applicant is proposing a tan color stucco finish for the exterior walls, a brown color blend for the roof, and dark brown color paint for the wood fascia board. To add aesthetic appeal to the elevations, the applicant also proposed to utilize a combination of cedar siding and stone veneer. Off -Street Parking Per Rosemead Municipal Code Section 17.112.040, single-family dwellings with four (4) bedrooms and 2,000 square feet of floor area or less require two parking spaces in an enclosed garage per dwelling unit. As shown on the proposed site and floor plan, the applicant is proposing to construct an attached two -car garage. Fencing and Landscaping The existing five-foot high block wall along the west property line and existing eight (8) feet high block wall along the north property line are proposed to remain. Planning Commission Meeting November 6, 2017 Page 5 of 23 The applicant is proposing to install :drought -tolerant plant materials, utilize automatic irrigation with moisture sensors, and plant three (3) new trees throughout the property. Staff recommends a condition of approval to require the landscaping to be rehabilitated to the Planning Division's satisfaction. Residential Design Incentives The applicant is requesting the following residential floor -area bonuses: • 1:5%0; Eave overhangs of 18 -inches or more with exposed decorative rafter tails • '1.0%: Landscape plan with 3 or more mature trees (defined as 24" box or larger) • 0.5%: Use of landscape materials instead of fencing to create separation between public and private spaces 0.5%:- No front yard fencing or fencinglower than 4 feet in height • 0.5%: Use of natural architectural materials (such as wood and stone) • 0.5%: Use of drought -tolerant plant materials and automatic irrigation with moisture sensors • 0.5%: Use of interlocking pavers, decomposed granite or other decorative hardscape materials for walkways and driveways The granting of the requested residential floor -area bonuses would increase the maximum allowable floor -area by 5%, resulting in a maximum floor -area ratio of 0.40:1. Staff recommends a condition of approval to require the enforcement of the above requested residential floor -area bonus design elements. MUNICIPAL CODE REQUIREMENTS Per Rosemead Municipal Code Section 17.140.010, the purpose of a Variance is to give the Planning Commission authority to allow an exception to certain development standards prescribed in the Zoning Code when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of [the Zoning Code] occur by reason of a strict interpretation and enforcement of any of the provisions of [the Zoning Code]. Per Rosemead Municipal Code Section 17.140.040, all of the following findings shall be made by the Planning Commission in conjunction with the approval of a Variance: A. There are special circumstances or conditions applicable to the subject property (such as location, shape,size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning district. ZV 17-02 (Minimum. Front Yard Setback): The subject lot is not consistent with conventional lots in the City, as it is irregularly shaped, consist of significantly less lot area than the standard lot size of 6,000 square feet, and substantially shallower than other properties in the vicinity Under the identical zoning district. Within the vicinity of the subject property and under the identical zoning district, the properties located along the south side of Artson Street are conventionally shaped, consist of lot sizes over 6,000 square fleet, and are not limited by a shallow lot depth. Such Planning Commission Meeting November 6, 2017 Page 6 of 23 properties have an average lot depth of approximately 138 feet, while the lot depth of the subject property is approximately 31 feet. With a lot depth of approximately 31 feet, developing the subject property with a front yard setback of 20 feet for the main building and 25 feet for the front facing garage would be unfeasible, while the aforementioned properties along the south side of Artson Street are not limited by substantially shallow lot depth. ZV 17-03 (Minimum Side Yard Setback): The subject lot is not consistent with conventional lots in the City, as it is irregularly shaped, consist of significantly less lot area than the standard lot size of 6,000 square feet, and substantially shallower than other properties in the vicinity under the identical zoning district. Within the vicinity of the subject property and under the identical zoning district, the properties located along the south side of Artson Street are conventionally shaped, consist of lot sizes over 6,000 square feet, and are not limited by a shallow lot depth. Such properties have an average lot depth of approximately 138 feet, while the lot depth of the subject property is approximately 31 feet. The irregularly shaped lot and substantially shallow lot depth of the subject property is a significant limiting factor in constructing a single-family dwelling with the required two -car garage and minimum first floor area of 750 square feet. The project will provide the minimum side yard setback required along the west lot line, which is the only side lot line directly adjacent to a residential property. The remaining side lot lines are directly adjacent to the existing eight -foot high block wall separating the subject property from the Interstate 10 Freeway. The aforementioned properties along the south side of Artson Street are not limited by an irregularly shaped lot and substantially shallow lot depth. ZV 17-04 (Minimum Rear Yard Setback): The subject lot is not consistent with conventional lots in the City, as it is irregularly shaped, consist of significantly less lot area than the standard lot size of 6,000 square feet, and substantially shallower than other properties in the vicinity under the identical zoning district. Within the vicinity of the subject property and under the identical zoning district, the properties located along the south side of Artson Street are conventionally shaped, consist of lot sizes over 6,000 square feet, and are not limited by a shallow lot depth. Such properties have an average lot depth of approximately 138 feet, while the lot depth of the subject property is approximately 31 feet. With a lot depth of approximately 31 feet and an irregularly shaped lot, developing the subject property with a rear yard setback of six feet would limit the project from providing a'standard two -car garage with a minimum side yard setback from the adjacent residential property. The project does provide a minimum rear yard setback of six fleet at the corner closest to adjacent residential property. The aforementioned properties along the south side of Artson Street are not limited by substantially shallow lot depth or irregularly shaped lot. ZV 17-05 (Minimum First Floor Area): The subject lot is not consistent with conventional lots in the City, as it is irregularly shaped, consist of significantly less lot area than the standard lot size of 6,000 square feet, and substantially shallower Planning Commission Meeting November 6, 2017 Pagel of 23 than other properties in the vicinity under the identical zoning district. Within the vicinity of the subject property and under the identical zoning district, the properties located along the south side of Artson Street are' conventionally shaped, consist of lot sizes over 6,000 square feet, and are not limited by a shallow lot depth. Such properties have an average lot depth of approximately 138 feet, while the lot depth of the subject property is approximately 31 feet. The irregular shape of the lot, in combination with attempting to provide as much setback as feasible, severely limits the project from providing a minimum first floor area of 750 square feet and a standard two -car garage. The project prioritizes providing the minimum size of the two -car garage required by the Rosemead Zoning Code, and as such, making it unfeasible to provide a minimum first floor area of 750 square feet. The aforementioned properties along the south side of Artson Street are not limited by irregularly shaped lot and are able to reasonably provide the minimum setbacks required. B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning district. ZV 17-02 (Minimum Front Yard Setback): The three adjacent properties located directly to the west of the subject property and north of Artson Street are under the identical zoning district and consists of similar lot conditions to the subject property. However, the subject property's development limiting conditions, an irregularly shaped lot and substantially shallow lot depth, are more severe compared to the conditions of the three adjacent, properties. Such properties were developed as single-family dwellings with substandard front yard setbacks of approximately 10 feet or less. Strict compliance with the Zoning Code requirements would deprive the subject property of the privilege of substandard front yard setback enjoyed by the adjacent properties. Approximate Front Yard Setback of Similar Adjacent Properties Property Address Standard Setbacks Main Building: 20'-0" 8103 Artson Street 9'-0" Front Facing Garage: 25-0" Main Building: 20'-0" 8107 Artson Street Front Facing Garage: 25'-0" Main Building: 20'-0" 8117 Artson Street 6'-0" Front Facing Garage: 25'-0" Main Building: 20'-0" 8133 Artson Street 5'-0" (proposed) Front Facing Garage: 25'-0" Planning Commission Meeting November 6, 2017 Page 8 of 23 ZV 17-03 (Minimum Side Yard Setback): The three adjacent properties located directly to the west of the subject property and north of Artson Street are under the identical zoning district and consists of similar lot conditions to the subject property. However, the subject property's development limiting conditions, an irregularly shaped lot and substantially shallow lot depth, are more severe compared to the conditions of the three adjacent properties. Such properties were developed as single-family dwellings with substandard side yard setbacks. Strict compliance with the Zoning Code requirements would deprive the subject property of the privilege of substandard side yard setback enjoyed by the adjacent properties. Approximate Side Yard Setback of Similar Adjacent Properties Property Address Standard Setbacks T-0" (West) 9103 Artson Street 10'-0" (min J 3'-0" (East) 3'-0" (West) 8107 Artson Street 10'-0" (min.) 3'-0" (East) 6'-0" (West) 8117 Artson Street 15'-0" (min.) 3'-0" (East) T-0" (West — proposed) 8133 Artson Street T-0" (min.) 5'-0" (Northeast — proposed) 20'-8" (East — proposed) ZV 17-04 (Minimum Rear Yard Setback): The three adjacent properties located directly to the west of the subject property and north of Artson Street are under the identical zoning district and consists of similar lot conditions to the subject property. However, the subject property's development limiting conditions, an irregularly shaped lot and substantially shallow lot depth, are more severe compared to the Conditions of the three adjacent properties. Such properties were developed as single-family dwellings with substandard rear yard setbacks. Strict compliance with the Zoning Code requirements would deprive the subject property of the privilege of substandard side yard setback enjoyed by the adjacent properties. Planning Commission Meeting November 6, 2017 Page 9 of 23 Approximate Rear Yard Setback of Similar Adjacent Properties Property Address Standard Setbacks 8103 Artson Street 10'-0" (min.) 5'-0" 8107 Artson Street 9'-0" (min.) 4'-0" 8117 Artson Street T-0" (min.) 2'-0" 8133 Artson Street 6'-0" (min.) 5'-0" (proposed) ZV 17-05 (Minimum First Floor Area): The property located at 8107 Artson Street consists of a single-family dwelling and duplex with substandard first floor areas of 600 and 666 square feet, respectively. Such property has similar lot conditions and is located in the identical zone as the subject property. Additionally, the shallow depth and irregular lot shape of the subject property would cause it to be unfeasible to construct a new single-family dwelling Without the granting of the requested Variance, which deprives the subject property the privilege to be developed with a single-family dwelling. Strict compliance with the Zoning Code requirements would deprive the subject property of the privileges of substandard first floor area and single-family dwelling development enjoyed by another property within the vicinity of the subject property. C. Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in, the same vicinity and zone in which the subject property is situated. ZV 17-02 (Minimum Front Yard Setback): The subject property shares similar limitations as the three adjacent properties to the west: irregularly shaped lot and substantially shallow lot depth. The approval of the Variance for the front yard setback requirement would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity, because the subject property possesses special circumstances that are also found on its surrounding properties The three adjacent properties are under the identical zoning district as the subject property. ZV 17-03 (Minimum Side Yard Setback): The subject property shares similar limitations as the three adjacent properties to the west: irregularly shaped Tot and substantially shallow lot depth. The approval of the Variance for the side yard setback requirement would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity, because the subject property possesses special circumstances that are also found on its surrounding properties. The three adjacent properties are under the identical zoning district as the subject property. Planning Commission Meeting November 6, 2017 Pape 10 of 23 ZV 17-04 (Minimum Rear Yard Setback): The subject property shares similar limitations as the three adjacent properties to the west: irregularly shaped lot and substantially shallow lot depth. The approval of the Variance for the rear yard setback requirement would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity, because, the subject property possesses special circumstances that are also found on its surrounding properties. The three adjacent properties are under the identical zoning district as the subject property. ZV 17-05 (Minimum First Floor Area): The subject property is hindered by a limited net lot area, whereas the surrounding properties do not face such obstacle. The subject property consists of approximately 2,200 square feet of net lot area. In comparison, the adjacent property located directly to the west of the subject property consists of approximately 5,750 square feet of net lot area. Additionally, the two adjacent properties located directly to the south of the subject property consist of approximately 6,836 and 6,620 square feet of net lot area. The approval of the Variance for the first floor area requirement would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity, because the subject property possesses special circumstances that are not found on its surrounding properties. D. The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel. ZV 17-02 (Minimum Front Yard Setback): The proposed use is single-family dwelling, which is permitted in the Light Multiple Residential (R-2) zone. ZV 17-03 (Minimum Side Yard Setback): The proposed use is single-family dwelling, which is permitted in the Light Multiple Residential (R-2) zone. ZV 17-04 (Minimum Rear Yard Setback): The proposed use of is single-family dwelling, which is permitted in the Light Multiple Residential (R-2) zone. ZV 17-05 (Minimum First Floor Area): The proposed use of is single-family dwelling, which is permitted in the Light Multiple Residential (R-2) zone. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300 -foot radius public hearing notice to 22 property owners, publication in the Rosemead Reader on October 26, 2017, and postings of the notice at the six public locations and on the subject site. Planning Commission Meeting November 6, 2017 Page 11 of 23 Prepared by: Submitted by: A` Cory Hanh Lily T. Valenzuela Associate Planner City Planner EXHIBITS: A. Planning Commission Resolution 17-20 with Attachment "A" (Conditions of Approval) B. Site Plan, Floor Plan, Elevations (Dated October 2, 2017) C. Assessor Parcel Map (APN: 5287-011-026) Planning Commission Meeting November 6, 2017 Page 12 of 23 EXHIBIT "A" PC RESOLUTION 17-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING ZONE VARIANCE 17-02 THROUGH 17-05, GRANTING EXCEPTIONS TO THE MINIMUM FRONT YARD SETBACK, MINIMUM SIDE YARD SETBACK, MINIMUM REAR YARD SETBACK, AND MINIMUM FIRST FLOOR AREA REQUIREMENTS FOR THE DEVELOPMENT OF A SINGLE-FAMILY DWELLING, LOCATED AT 8133 ARTSON STREET (APN: 5287-011-026), IN A LIGHT MULTIPLE RESIDENTIAL (R-2) ZONE WHEREAS, on August 21, 2017, Efrain Lopez submitted a Zone Variance application, .requesting exceptions to the minimum front yard setback, minimum side yard setback, minimum rear yard setback, and minimum first floor area requirements for the development of a single-family dwelling, located at 8133 Artson Street; WHEREAS, 8133 Artson Street is located in a Light Multiple Residential (R-2) zoning district; WHEREAS, Section 17.140.040 of the Rosemead Municipal Code provides the criteria for a Variance; WHEREAS, Sections 65800 and 65900 of the California Government Code and Sections 17.140.040 of the Rosemead Municipal Code authorizes the Planning Commission to approve, conditionally approve, or deny Variances; WHEREAS, on October 26, 2017, 22 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 public locations and on site, specifying the availability of the application, and the date, time, and location of the public hearing for Zone Variance 17-02 through 17-05; WHEREAS, on November 6, 2017, the Planning Commission held a duly noticed and advertised public hearing to receive oral and Written testimony relative to Zone Variance 17-02 through 17-05; 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: Planning Commission Meeting November 6, 2017 Page 13 of 23 SECTION 1. The Planning Commission HEREBY DETERMINES that Zone Variance 17-02 through 17-05 are classified as Class 3 Categorical Exemptions, 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 Zone Variance 17-02 through 17-05, in accordance with Section 17:140.040 of the Rosemead Municipal Code as follows: A. There are special circumstances or conditions applicable to the subject property (such as location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning district. FINDING: ZV 17-02 (Minimum Front Yard Setback) - The subject lot is not consistent with conventional lots in the City, as it is irregularly shaped, consist of significantly less lot area than the standard lot size of 6,000 square feet, and substantially shallower than other properties in the vicinity under the identical zoning district. Within the vicinity of the subject property and under the identical zoning district, the properties located along the south side of Artson Street are conventionally shaped, consist of lot sizes over 6,000 square feet, and are not limited by a shallow lot depth. Such properties have an average lot depth of approximately 138 feet, while the lot depth of the subject property is approximately 31 feet. With a tot depth of approximately 31 feet, developing the subject property with a front yard setback of 20 feet for the main building and 25 feet for the front facing garage would be unfeasible, while the aforementioned properties along the south side of Artson Street are not limited by substantially shallow lot depth. FINDING: ZV 17-03 (Minimum Side Yard Setback) - The subject lot is not consistent with conventional lots in the City, as it is irregularly shaped, consist of significantly less lot area than the standard lot size of 6,000 square feet, and substantially shallower than other properties in the vicinity under the identical zoning district. Within the vicinity of the subject property and under the identical zoning district, the properties located along the south side of Artson Street are conventionally shaped, consist of lot sizes over 6,000 square feet, and are not limited by shallow lot depth. Such properties have an average lot depth of approximately 138 feet, while the lot depth of the subject property is approximately 31 feet. The irregularly shaped lot and substantially shallow lot depth of the subject property is a significant limiting factor in constructing a single-family dwelling with the required two -car garage and minimum first floor area of 750 square feet. The project will provide the minimum side yard setback required along the west lot line, which is the only side lot line directly adjacent to a residential property. The remaining side lot lines are directly adjacent to the existing eight -foot high block wall separating the subject property from the Interstate 10 Freeway. The aforementioned properties along Planning Commission Meeting November 6, 2017 Page 14 of 23 the south side of Artson Street are not limited by an irregularly shaped lot and substantially shallow lot depth. FINDING: ZV 17-04 (Minimum Rear Yard Setback) - The subject lot is not consistent with conventional lots in the City, as it is irregularly shaped, consist of significantly less lot area than the standard lot size of 6,000 square feet, and substantially shallower than other properties in the vicinity under the identical zoning district. Within the vicinity of the subject property and under the identical zoning district, the properties located along the south side of Artson Street are conventionally shaped, consist of lot sizes over 6,000 square feet, and are not limited by a shallow lot depth. Such properties have an average lot depth of approximately 138 feet, while the lot depth of the subject property is approximately 31 feet. With a lot depth of approximately 31 feet and an irregularly shaped lot, developing the subject property with a rear yard setback of six feet would limit the project from providing a standard two -car garage with a minimum side yard setback from the adjacent residential property. The project does provide a minimum rear yard setback of six feet at the corner closest to adjacent residential property. The aforementioned properties along the south side of Artson Street are not limited by substantially shallow lot depth or irregularly shaped lot. FINDING: ZV 17-05 (Minimum First Floor Area) - The subject lot is not consistent with conventional lots in the City, as it is irregularly shaped, consist of significantly less lot area than the standard lot size of 6,000 square feet, and substantially shallower than other properties in the vicinity under the identical zoning district. Within the vicinity of the subject property and under the identical zoning district, the properties located along the south side of Artson Street are conventionally shaped, consist of lot sizes over 6,000 square feet, and are not limited by a shallow lot depth. Such properties have an average lot depth of approximately 138 feet, while the lot depth of the subject property is approximately 31 feet. The irregular shape of the lot, in combination with attempting to provide as much setback as feasible, severely limits the project from providing a minimum first floor area of 750 square feet and a standard two -car garage. The project prioritizes providing the minimum size of the two -car garage required by the Rosemead Zoning Code, and as such, making it unfeasible to provide a minimum first floor area of 750 square feet. The aforementioned properties along the south side of Artson Street are not limited by irregularly shaped lot and are able to reasonably provide the minimum setbacks required. B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning district. FINDING: ZV 17-02 (Minimum Front Yard Setback) - The three adjacent properties located directly to the west of the subject property and north of Artson Street are under the identical zoning district and consists of similar lot conditions to the subject property. However, the subject property's development limiting conditions, an irregularly shaped lot and substantially shallow lot depth, are more severe compared to the conditions of the three adjacent properties. Such properties were developed as single-family dwellings with Planning Commission Meeting November 6, 2017 Page 15 of 23 substandard front yard setbacks of approximately 10 feet or less. Strict compliance with the Zoning. Code requirements would deprive the subject property of the privilege of substandard front yard setback enjoyed by the adjacent properties. Approximate Front Yard Setback of Similar Adjacent Properties Property Address Standard Setbacks 8103 Artson Street Main Building. 20'-0" 9'-0" 8103 Artson Street Front Facing Garage: 25'-0" 3'-0" (East) 3' 8107 Artson Street Main Building: 20'-0" 10'-0" 8107 Artson Street Front Facing Garage: 25'-0" (East) Main Building: 20'-0" 6'-0" 8117 Artson Street Front Facing Garage: 25'-0" 3'-0" (East) 8133 Artson Street Main Building. 20'-0" 5'-0" (proposed) 8133 Artson Street Front Facing Garage: 25'-O" 5-0" (Northeast — proposed) FINDING: ZV 17-03 (Minimum Side Yard Setback) - The three adjacent properties located directly to the west of the subject property and north of Artson Street are under the identical zoning district and consists of similar lot conditions to the subject property. However, the subject property's development limiting conditions, an irregularly shaped lot and substantially shallow lot depth, are more severe compared to the conditions of the three adjacent properties. Such properties were developed as single-family dwellings with substandard side yard setbacks. Strict compliance with the Zoning Code requirements would deprive the subject property of the privilege of substandard side yard setback enjoyed by the adjacent properties. Approximate Side Yard Setback of Similar Adjacent Properties Property Address Standard Setbacks (West) 8103 Artson Street 10'-0" (min.) 3'-0" (East) 3' 3'-0" (West)3'-0" 8107 Artson Street 10'-0" (mint (East) 6'-0" (West) 8117 Artson Street 15'-0" (min.) 3'-0" (East) 7'-0" (West—proposed) 8133 Artson Street T-0" (min.) 5-0" (Northeast — proposed) 20'-8" (East — proposed) FINDING ZV 17-04 (Minimum Rear Yard Setback) - The three adjacent properties located directly to the west of the subject property and north of Artson Street are under the identical zoning district and consists of similar lot conditions to the subject property. However, the subject property's development limiting conditions, an irregularly shaped lot and substantially shallowlot depth, are more severe compared to the conditions of the Planning Commission Meeting November 6, 2017 Page 16 of 23 three adjacent properties. Such properties were developed as single-family dwellings with substandard rear yard setbacks. Strict compliance with the Zoning Code requirements would deprive the subject property of the privilege of substandard side yard setback enjoyed by the adjacent properties. Approximate Rear Yard Setback of Similar Adjacent Properties Property Address Standard Setbacks 8103 Artson Street 10'-0" (min.) 5'-0" 8107 Artson Street 9'-0" (min.) 4'-0" 8117 Artson Street T-0" (min.) 2'-0" 8133 Artson Street 6'-0" (min.) 5'-0" (proposed) FINDING: ZV 17-05 (Minimum First Floor Area) - The property located at 8107 Artson Street consists of a single-family dwelling and duplex with substandard first floor areas of 600 and 666 square feet, respectively. Such property has similar lot conditions and is located in the identical zone as the subject property. Additionally, the shallow depth and irregular jot shape of the subject property would cause it to be unfeasible to construct a new single-family dwelling without the granting of the requested Variance, which deprives the subject property the privilege to be developed with a single-family dwelling. Strict compliance with the Zoning Code requirements would deprive the subject property of the privileges of substandard first floor area and single-family dwelling development enjoyed by another property within the vicinity of the subject property. C. Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated, FINDING: ZV 17-02 (Minimum Front Yard Setback)- The subject property shares similar limitations as the three adjacent properties to the west: irregularly shaped lot and substantially shallow lot depth. The approval of the Variance for the front yard setback requirement would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity, because the subject property possesses special circumstances that are also found on its surrounding properties. The three adjacent properties are under the identical zoning district as the subject property. FINDING: ZV 17-03 (Minimum Side Yard Setback) The subject property shares similar limitations as the three adjacent properties to the west: irregularly shaped lot and substantially shallow lot depth. The approval of the Variance for the side yard setback requirement would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity, because the subject property possesses special circumstances that are also found on its surrounding properties. The three adjacent properties are under the identical zoning district as the subject property. Planning Commission Meeting November 6, 2017 Page 17 of 23 FINDING: ZV 17-04 (Minimum Rear Yard Setback) - The subject property shares similar limitations as the three adjacent properties to the west: irregularly shaped lot and substantially shallow lot depth. The approval of the Variance for the rear yard setback requirement would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity, because the subjectproperty possesses special circumstances that are also found on its surrounding properties. The three adjacent properties are under the identical zoning district as the subject property. FINDING: ZV 17-05 (Minimum First Floor Area) - The subject property is hindered. by a limited net lot area, whereas the surrounding properties do not face such obstacle. The subject property consists of approximately 2,200 square feet of net lot area. In comparison, the adjacent propertylocated directly to the west of the subject property consists of approximately 5,750 square feet of net lot area. Additionally, the two adjacent properties located directly to the south of the subject property consist of approximately 6,836 and 6,620 square feet of net lot area. The approval of the Variance for the first floor area requirement would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity, because the subject property possesses special circumstances that are not found on its surrounding properties. D. The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel. FINDING: ZV 17-02 (Minimum Front Yard Setback) - The proposed use is single- family dwelling, which is permitted in the Light Multiple Residential (R-2) zone. FINDING; ZV 17-03 (Minimum Side Yard Setback) - The proposed use is single- family dwelling, which is permitted in the Light Multiple Residential (R-2) zone. FINDING: ZV 17-04 (Minimum Rear Yard Setback)- The proposed use of is single- family dwelling, which is permitted in the Light Multiple Residential (R-2) zone. FINDING: ZV 17-05 (Minimum First Floor Area) - The proposed use of is single- family dwelling, which is permitted in the Light Multiple Residential (R-2) zone. SECTION 3. The Planning Commission HEREBY APPROVES Zone Variance 17- 02 through 17-05, granting exceptions to the minimum front yard setback, minimum side yard setback, minimum rear yard setback, and minimum first floor area requirements for the development of a single-family dwelling, located at 8133 Artson Street, 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 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. Planning Commission Meeting November 6, 2017 Page 18 of 23 SECTION 5. This resolution is .the result of an action taken by the Planning Commission on November 6, 2017, by the following vote: AYES: NOES: ABSTAIN: ABSENT: SECTION 6. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicants and the Rosemead City Clerk. PASSED, APPROVED, and ADOPTED this 6th day of November 2017. Sean Dang, Chair 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 6th day of November 2017, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Secretary APPROVED AS TO FORM: Kane Thuyen, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting November 6, 2017 Page 19 of 23 ATTACHMENT "A" (PC RESOLUTION 17-20) ZONE VARIANCE 17-02 THROUGH 17-05 8133 ARTSON STREET (APN: 5287-011-026) CONDITIONS OF APPROVAL NOVEMBER 6, 2017 Standard Conditions of Approval 1. Zone Variance 17-02 through 17-05 ("Project") are approved for the granting of exceptions to the minimum front yard setback, minimum side yard setback, minimum rear yard setback, and minimum first floor area requirements for the development of a single-family dwelling, located at 5133 Artson Street, in accordance with the plans marked Exhibit `B", dated October 2, 2017. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 2. 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. 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 applicant(s) 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(s) 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. Planning Commission Meeting November 6, 2017 Page 20 of 23 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 applicant(s) 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 bylaw. 10. The applicant(s) 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. The applicant shall abide by the noise control sections of the Rosemead Municipal Code. 14. The Building Division, Planning Division, and Engineering Division shall have access to the project site at any time during construction to monitor progress. Planning Commission Meeting November 6, 2017 Page 21 of 23 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. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Project Specific Conditions of Approval 17. All proposed fences and walls shall be consistent in design and complement the approved design of the primary building. All proposed fences, walls, and landscape screening shall comply with the Rosemead Municipal Code. 18. All landscape areas shall be rehabilitated to the satisfaction of the Planning Division. 19. Project shall comply with the City of Rosemead Water Efficient Landscape Ordinance and any other drought tolerant requirements in effect. 20. All gutters, downspouts, mechanical elements, and/or architectural features shall be painted to match the single-family dwelling unit. 21. 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. 22. The project site 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. 23. 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 (6) feet in height as measured from adjacent property; subject to the approval of the Community Development Director or other designated officials. The following requirements shall be satisfied: 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. Signs Planning Commission Meeting November 6, 2017 Page 22 of 23 stating 'PRIVATE PROPERTY, NO TRESPASSING" shall be posted on the fence. 24. Project is approved with floor area bonuses, totaling five percent additional floor area for a maximum floor area ratio of 0.40:1. The following qualifying design elements shall remain in effect: a. 1.5%: Eave overhangs of 18 -inches or more with exposed decorative rafter tails b. 1.0%: Landscape plan with 3 or more mature trees (defined as 24" box or larger) c. 0.5%: Use of landscape materials instead of fencing to create separation between public and private spaces d. 0.5%: No front yard fencing or fencing lower than 4 feet in height e. 0.5%: Use of natural architectural materials (such as wood and stone) f. 0.5%: Use of drought -tolerant plant materials and automatic irrigation with moisture sensors g. 0.5%: Use of interlocking pavers, decomposed granite or other decorative hardscape materials for walkways and driveways Planning Commission Meeting November 6, 2017 Page 23 of 23 EXHIBIT "C" 5287 88+1 SAN BERNARDINO 20 PROJECT, I 0 m �DANNA 'n CT ees 60 —1 rse ¢,o q 6 gyeF awe si Evaf ra - lazy J W 1 2.� 3 b+ 5 a a'°s:+ xaevc> xsrex� 1�omd �/rs. � e� Ca',. H sx�} x se x3 st 13x_22' 54;19 s" 54,19 50 50 7d.8f7 EBtO" [183°" 6$s8e 6,4'.i' 43 ' .074 6198' � Z V m�� @'q V, d0, � � 1 3 v 4. 6 N 7 ti 8 23, O 9 ro 5id.49 SD 50 75.32 y .POR -/23 a �5 N.89°43'25'E: O HELLMAN AVE. ALANREEO SI:— caoE LANDS OF THE SAN GABRIEL TRACT NO. 11444 3gio IMPROVEMENT COMPANY M.5.205-34 FOR MY_ AMIAIT SEE: 1501.'11 � M.R.64^71.-72.