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PC - 2017-20 - Approving Conditional Use Permit 17-07 For the Operation of a Massage Establishment, the Subject Site is Located at 3927 Walnut Grove Avenue, Units 121 & 122 (APN:5371-011-016), in a medium Commericial with a Design Overlay (C-3/D-0) Zone 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, Brain 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: 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 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. 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 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. 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 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 Front Facing Garage: 25-0" 8107 Artson Street Main Building: 20'-0" Front Facing Garage: 25'-0" 8117 Artson Street Main Building: 20'-0" Front Facing Garage: 25'-0" 8133 Arisen Street Main Building: 20'-0" 5-0" (proposed) Front Facing Garage: 25'-0" 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 7'-0"(West) 8103 Artson Street 10'-0" (min.) 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) 7-0" (West—proposed) 8133 Artson Street 7'-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 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. Approximate Rear Yard Setback of Similar Adjacent Properties Property Address Standard Setbacks 8103 Artson Street 10'-0" (min.) 8107 Artson Street 9'-0"(min.) 8117 Artson Street T-0" (min.) 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 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. 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. 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 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 17-05 (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. 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. SECTION 5. This resolution is the result of an action taken by the Planning Commission on November 6, 2017, by the following vote: AYES: DANG, ENG, LOPEZ, AND TANG NOES: NONE ABSTAIN: NONE ABSENT: HERRERA 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 Nov-mb- 017. 0-an 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: DANG, ENG, LOPEZ, AND TANG NOES: NONE ABSTAIN: NONE ABSENT: HERRERA Secretary APPRO ' i • S TO FOR i• Kane Thuyen, Planning Commission Attorney Burke, Williams & Sorensen, LLP 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 8133 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. 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 by law. 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. 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. a Signs 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 25. Roof material shall be [1] clay/concrete tile or [2] solar roof tiles visually mimicking clay/concrete tile or asphalt shingle tile. (Modified per Planning Commission on November 6, 2017)