PC - Item 3A - Staff Report Minor Exception 17-20 at 7708 Columbia StreetOSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: MARCH 5, 2018
SUBJECT: MINOR EXCEPTION 17-20
7708 COLUMBIA STREET
SUMMARY
Linda Lee has submitted a Minor Exception application, requesting to construct a new
single-family dwelling, attached two -car garage, and detached four -car garage on a lot
where a nonconforming structure exists. The granting of a Minor Exception is required
in order for new structures to be constructed on a lot where nonconforming structures
exist. The requested Minor Exception for the proposed single-family dwelling, attached
two -car garage, and detached four -car garage may be granted only after a public
hearing before the Planning Commission. The proposed single-family dwelling would
consist of 2,190 square feet of floor area. The project site is located at 7708 Columbia
Street, in a Light Multiple Residential (R-2) zone.
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, Minor Exception 17-
20 is classified as a Class 3 Categorical Exemption, pursuant to Section 15303 of
California Environmental Quality Act guidelines.
STAFF RECOMMENDATION
It is recommended that the Planning Commission ADOPT Resolution No. 18-04 with
findings (Exhibit "A"), and APPROVE Minor Exception 17-20, subject to the 23
conditions outlined in Attachment "A" attached hereto; or take alternative action denying
Minor Exception 17-20; or take other action.
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Planning Commission Meeting
March 5, 2018
Paqe 3 of 15
DISCUSSION
Project Description
As illustrated in Exhibit "B", the applicant has proposed to construct a new two-story
single-family dwelling, an attached two -car garage, and detached four -car garage on a
lot where a legal nonconforming duplex exists. The existing duplex is nonconforming
due to a substandard rear yard setback and side yard setback. On the subject lot, a
minimum rear yard setback of 20 feet and a minimum side yard setback of seven feet is
required; however, the existing duplex was constructed with a rear yard setback of 12
feet and nine inches and a side yard setback of five feet and six inches. The granting of
a Minor Exception is required in order for new structures to be constructed on a lot
where nonconforming structures exists.
The proposed single-family dwelling would consist of 2,190 square feet of floor area.
Staff has verified that the proposed single-family dwelling would be in compliance with
the applicable development standards of the Rosemead Zoning Code, as demonstrated
in the following table:
Proposed Single -Family Dwelling
Development Feature
Standard
Project --
Front Yard Setback
20'-0"
25'-0"
Side Yard Setback
T-0"
East: 17'-6"
West: T-0"
Building Separation Between
Dwelling Units
20'-0"
Floor Area Ratio
0.35:1 (maximum)
0.27:1
Parking
Two spaces in enclosed garage
Attached two -car garage
Floor Plan
The proposed floor plan for the new single-family dwelling would include a living room,
dining room, kitchen, four bedrooms with closets, four bathrooms, and an attached two -
car garage.
Planning Commission Meeting
March 5, 2018
Paae 4 of 15
Elevations
The applicant has proposed to utilize a brown roof ("Shakewood" Shingle, GAD Class
C), off-white exterior wall (Eggshell, La Habra Stucco), and dark gray trim (Incognito,
Behr). The proposed colors and materials would substantially match the existing duplex.
Fencing
The existing block wall along the side and rear lot lines are proposed to remain. The
existing wrought iron fencing along the front lot line is proposed to be removed and
replaced with new wrought iron fencing.
Mechanical Elements
The proposed placement of the mechanical elements would not be clearly visible from
the public right-of-way. The air conditioning unit would be located behind the proposed
single-family dwelling and the tankless water heater would be located within the
attached two -car garage.
MUNICIPAL CODE REQUIREMENTS
Per Rosemead Municipal Code Section 17.72.040(A), as long as a nonconforming
building or structure exists upon any lot, no new building or structure may be
established or constructed thereon.
However, per Rosemead Municipal Code Section 17.72.070(8), R-1 and R-2 lots may
be expanded with additional separate residential units or related separate accessory
structures, provided that the additional structures comply with the development
standards and requirements of this Zoning Code. Such expansion shall be processed
pursuant to the standards set forth in Chapter 17.142 (Minor Exceptions).
Per Rosemead Municipal Code Section 17.72.070(B)(2), a Minor Exception request in
accordance with [Section 17.72.070(B)j may be granted only after a public hearing
before the Planning Commission held pursuant to Chapter 17.156. All of the following
findings shall be made by the Planning Commission in conjunction with the approval of
the Minor Exception request:
A. The applicant provides signed written consent on a form created by the City from
all property owners of land abutting the subject property and submits a notarized
sworn declaration on a form created by the City, stating that the declaration is
made under penalty and perjury that all written consents are true and accurate;
The applicant has provided signed written consent on a form created by the City
from all property owners of land abutting the subject property and a notarized
sworn declaration on a form created by the City, stating that the declaration is
made under penalty and perjury that all written consents are true and accurate.
Planning Commission Meeting
March 5, 2018
Pane 5 of 15
B. The proposal includes all necessary work to eliminate any hazard or safety
problem on an existing structure, as required by the Building Official or by an
officer of the City charged with protecting the public safety, in order to correct an
unsafe condition;
According to Code Enforcement records, the subject property currently does not
have any code enforcement cases open. A condition of approval has been
included to require inspection of the existing structures by the Building Official
and Public Safety Division; and require any hazard or safety problem on the
existing structures to be eliminated.
C. The proposal includes the necessary work to maintain or improve the aesthetic
appearance or architectural viability of the existing nonconforming structures
onsite;
Additional work is not necessary on the existing nonconforming structures to
maintain the aesthetic or architectural viability from public view.
D. The legal nonconforming residential unit(s) that exist onsite are solely
nonconforming due to minimum residential unit floor area, setbacks, building
separation, building height, entry treatment height, and second story architectural
standards;
The existing legal nonconforming residential unit is solely nonconforming due to
minimum rear and side yard setbacks.
E. The legal nonconforming residential accessory structure(s) proposed to remain
onsite are solely nonconforming due to driveway width, turning radius, minimum
stall size, setbacks, or landscaping;
The project does not propose to maintain any detached legal nonconforming
resident accessory structures.
F. No previous discretionary permit has been approved for the subject site; and
The subject site has not been approved with any previous discretionary permits.
G. The subject lot does not require the approval of a Design Review entitlement.
The proposal and subject site does not require the approval of a Design Review
entitlement.
Planning Commission Meeting
March 5, 2018
Page 6 of 15
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300 -foot radius public hearing notice to forty-seven (47) property owners,
publication in the Rosemead Reader on February 22, 2018, and postings of the notice
at the six (6) public locations and on the subject site.
Prepared by:
ory Hanh
Associate Planner
Submitted by:
Ben Kim
Community Development Director
Reviewed by:
Lily T. Valenzuela
City Planner
EXHIBITS:
A. Planning Commission Resolution 18-04 with Attachment "A"
B. Site Plan, Floor Plan, and Elevations (Dated January 25, 2018)
C. Assessor Parcel Map (APN: 5286-036-004)
Planning Commission Meeting
March 5, 2018
Paqe 7 of 15
EXHIBIT "A"
PC RESOLUTION 18-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MINOR EXCEPTION 17-20, PERMITTING A NEW 2,190
SQUARE FEET SINGLE-FAMILY DWELLING, ATTACHED TWO -CAR
GARAGE, AND DETACHED FOUR -CAR GARAGE ON A LOT WHERE
A LEGAL NONCONFORMING STRUCTURE EXISTS, LOCATED AT
7708 COLUMBIA STREET (APN:5286-036-004), IN A LIGHT MULTIPLE
RESIDENTIAL (R-2) ZONE
WHEREAS, on September 11, 2017, Linda Lee submitted a Minor Exception
application, requesting approval to construct a new single-family dwelling, attached two -
car garage, and detached four -car garage on a lot where a nonconforming structure
exists, located at 7708 Columbia Street;
WHEREAS, 7708 Columbia Street is located in a Light Multiple Residential (R-2)
zone;
WHEREAS, Section 17.72.070(B)(2) of the Rosemead Municipal Code provides
the criteria for a Minor Exception;
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.72.070(B)(2) of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve, or deny Minor Exception applications;
WHEREAS, on February 22, 2018, forty-seven (47) 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 Minor Exception 17-20; and
WHEREAS, on March 5, 2018, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Minor
Exception 17-20; 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
March 5, 2018
Page 8 of 15
SECTION 1. The Planning Commission HEREBY DETERMINES that Minor
Exception 17-20 is classified as a Class 3 Categorical Exemption, pursuant to Section
15303(a) of California Environmental Quality Act guidelines. Section 15303(a) 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 Minor Exception 17-20, in accordance with
Section 17.72.070(B)(2) of the Rosemead Municipal Code as follows:
A. The applicant provides signed written consent on a form created by the City
from all property owners of land abutting the subject property and submits a notarized
sworn declaration on a form created by the City, stating that the declaration is made
under penalty and perjury that all written consents are true and accurate;
FINDING: The applicant has provided signed written consent on a form created
by the City from all property owners of land abutting the subject property and a
notarized sworn declaration on a form created by the City, stating that the declaration is
made under penalty and perjury that all written consents are true and accurate.
B. The proposal includes all necessary work to eliminate any hazard or safety
problem on an existing structure, as required by the Building Official or by an officer of
the City charged with protecting the public safety, in order to correct an unsafe
condition;
FINDING: According to Code Enforcement records, the subject property currently
does not have any code enforcement cases open. A condition of approval has been
included to require inspection of the existing structures by the Building Official and
Public Safety Division; and require any hazard or safety problem on the existing
structures to be eliminated.
C. The proposal includes the necessary work to maintain or improve the
aesthetic appearance or architectural viability of the existing nonconforming structures
onsite;
FINDING: Additional work is not necessary on the existing nonconforming
structure to maintain the aesthetic or architectural viability from public view.
D. The legal nonconforming residential unit(s) that exist onsite are solely
nonconforming due to minimum residential unit floor area, setbacks, building separation,
building height, entry treatment height, and second story architectural standards;
Planning Commission Meeting
March 5, 2018
Page 9 of 15
FINDING: The existing legal nonconforming residential unit is solely
nonconforming due to minimum rear and side yard setbacks.
E. The legal nonconforming residential accessory structure(s) proposed to
remain onsite are solely nonconforming due to driveway width, turning radius, minimum
stall size, setbacks, or landscaping;
FINDING: The project does not propose to maintain any detached legal
nonconforming residential accessory structures.
F. No previous discretionary permit has been approved for the subject site; and
FINDING: The subject site has not been approved with any previous
discretionary permits.
G. The subject lot does not require the approval of a Design Review entitlement.
FINDING: The proposal and subject site does not require the approval of a
Design Review entitlement.
SECTION 3. The Planning Commission HEREBY APPROVES Minor Exception
17-20 for a new 2,190 square feet single-family dwelling, attached two -car garage and
detached four -car garages on a lot where legal nonconforming structures exist, located
at 7708 Columbia 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 (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 5, 2018, 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.
Planning Commission Meeting
March 5, 2018
Paqe 10 of 15
PASSED, APPROVED, and ADOPTED this 5th day of March, 2018.
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 5th day of
March, 2018, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Ben Kim, Secretary
APPROVED AS TO FORM:
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
March 5, 2018
Paqe 11 of 15
ATTACHMENT "A"
(PC RESOLUTION 18-04)
MINOR EXCEPTION 17-20
7708 COLUMBIA STREET
(APN: 5286-036-004)
CONDITIONS OF APPROVAL
March 5, 2018
Standard Conditions of Approvals
1. Minor Exception 17-20 (Project') is approved for a new 2,190 square feet single-
family dwelling, attached two -car garage and detached four -car garage on a lot
where a legal nonconforming structure exists, in accordance with the plans
marked Exhibit "B", dated January 25, 2018. 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. The conditions listed on
this exhibit shall be copied directly onto any development plans subsequently
submitted to the Planning and Building Divisions.
3. 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.
4. The on-site public hearing notice posting shall be removed by the end of the 10 -
day appeal period of Project.
5. 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.
6. The Planning Commission hereby authorizes the Planning Division to make
and/or approve minor modifications to the project and to these conditions of
approval.
Planning Commission Meeting
March 5, 2018
Page 12 of 15
7. 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.
S. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. The Building and Safety Division, Planning Division, and Engineering Division
shall have access to the project site at any time during construction to monitor
progress.
14. 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.
Planning Commission Meeting
March 5, 2018
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15. 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.
16. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Project Specific Conditions of Approval
17. The site shall be maintained in a clean, weed and litter -free state, in accordance
with the Rosemead Municipal Code Sections pertaining to the storage,
accumulation, collection, and disposal of garbage, rubbish, trash, and debris.
18. An inspection of all existing structures on the project site by the Building Official
and an officer of the City charged with protecting the public safety shall be
required to verify if any work is necessary to eliminate any hazard or safety
problem on the existing structures. If such inspection reveals that work is
necessary to eliminate any hazard or safety problem on the existing structures,
such work shall be completed to the satisfaction of the City prior to issuance of
any building permits associated with Project.
19. All existing structures shall be repainted to match the new dwelling unit and any
damages to the existing structures shall be repaired to the satisfaction of the
Planning Division.
20. All gutters, downspouts, mechanical elements, and/or architectural features shall
be painted to match the new single-family dwelling unit.
21. All onsite conditions, such as landscaping and fencing, shall be improved to the
satisfaction of the Planning Division.
22. If proposed, a driveway gate shall incorporate decorative, view obscuring
material; such material shall be approved by the Planning Division prior to
installation.
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
Planning Commission Meeting
March 5, 2018
Page 14 of 15
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 stating 'PRIVATE PROPERTY, NO TRESPASSING" shall be
posted on the fence.
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