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PC - 2018-05 - Approving Minor Exception 17-24, permitting single family dwelling at 9267 Pitkin St APN 8592-016-017, R-1 PC RESOLUTION 18-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MINOR EXCEPTION 17-24, PERMITTING A NEW 1,991 SQUARE FEET SINGLE-FAMILY DWELLING AND ATTACHED THREE- CAR GARAGE ON A LOT WHERE A LEGAL NONCONFORMING STRUCTURE EXISTS, LOCATED AT 9267 PITKIN STREET (APN: 8592- 016-017), IN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE WHEREAS, on October 11, 2017, Huu Duc Ta submitted a Minor Exception application, requesting approval to construct a new single-family dwelling and attached three-car garage on a lot where a nonconforming structure exists, located at 9267 Pitkin Street; WHEREAS, 9267 Pitkin Street is located in a Single-Family Residential (R-1) zone; WHEREAS, Section 17.72.070(6)(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, sixty-two (62) 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 17-24; 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 17-24; 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 Minor Exception 17-24 is classified as a Class 3 Categorical Exemption, pursuant to Section 15303 of 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 Minor Exception 17-24, in accordance with Section 17.72.070(6)(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; FINDING: The existing legal nonconforming residential unit is solely nonconforming due to minimum side yard setback. 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 17-24 for a new 1,991 square feet single-family dwelling and attached three-car garage on a lot where a legal nonconforming structure exists, located at 9267 Pitkin 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: DANG, ENG, HERRERA, LOPEZ, AND TANG NOES: NONE ABSTAIN: NONE ABSENT: NONE SECTION 6. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicants and the Rosemead City CIgrk. PASSED, APPROVED, and ADOPTED this 5'h day of March .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: DANG, ENG, HERRERA, LOPEZ, AND TANG NOES: NONE ABSTAIN: NONE ABSENT: NONE M Be .-'', Secretary APPROVED AS TO Kane huyen, Planning Commission Attorney Burke, Williams & Sorensen, LLP ATTACHMENT "A" (PC RESOLUTION 18-05) MINOR EXCEPTION 17-24 9267 PITKIN STREET (APN: 8592-016-017) CONDITIONS OF APPROVAL March 5, 2018 Standard Conditions of Approvals 1. Minor Exception 17-24 (`Project") is approved for a new 1,991 square feet single- family dwelling and attached three-car garage on a lot where a legal nonconforming structure exists, in accordance with the plans marked Exhibit "B", dated February 20, 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. 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. 8. 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. 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. 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 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.