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PC - 2019-02 - Approving Minor Exception 18-24 at 3226-3228 Ivar Avenue PC RESOLUTION 19-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES,:STATE OF CALIFORNIA, APPROVING MINOR EXCEPTION 18-24, PERMITTING_ A NEW 2,499 SQUARE FEET SINGLE-FAMILY DWELLING AND ATTACHED TWO- CAR GARAGE, IN ADDITION TO A DETACHED TWO-CAR GARAGE, ON A LOT WHERE,A LEGAL NONCONFORMING STRUCTURE EXISTS, LOCATED AT 3226 & 3228 IVAR AVENUE (APN: 5289-017-040), IN A SINGLE-FAMILY.RESIDENTIAL (R-1) ZONE WHEREAS, on August 23, 2018, Simon Wu submitted a Minor Exception application, requesting approval to construct a new single-family dwelling and attached two-car garage, in addition to a detached two-car garage, on a lot where a nonconforming structure exists, located at 3226 &3228 Ivar Avenue; WHEREAS, 3226 &3228 Ivar Avenue is located in a Single-Family Residential (R- 1) 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(6)(2) of the Rosemead Municipal Code authorize the, Planning Commission to approve, conditionally approve, or deny Minor Exception applications; WHEREAS, on February;24, 20.19, sixty-seven (67)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 18-24; and; WHEREAS, on February 4, 2019, 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 18-24 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 ofnew,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 doexist to justify approving Minor Exception18-24, in accordance"with Section 17.72070(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 propertyand 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 Cityfrom all property owners of land abutting the subject property and a.notarized sworn declaration ona 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 correctan 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 orarchitectural viability of the existing nonconforming structures onsite; FINDING: The applicant has proposed the following enhancements toimprove the aesthetic appearance of the existing nonconforming single-family dwelling: • ; Re-roof the existing single-family dwellingand utilize a terracotta brown roof (Sunrise Blend, Eagle Roofing Products). • Remove the existing wood siding and utilize tan exterior walls (Adobe; La Habra Stucco).' • Remove the existing brick veneer at the bottom portion of the exterior façade and utilize a range of brown colored stone veneer (York Limestone, Eldorado Stone). The proposed aesthetic appearance of the existing nonconforming single-family dwellin.g will match the new,single-family dwelling: 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 thesubject site, and FINDING: The subject site has not been approved with anyprevious 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 18-24 fora new 2,499 square feet single-family dwelling and attached.two-car garage, in addition to a detached two-car garage, on a lot where a legal nonconforming structure exists, located at 3226 & 3228 Ivar Avenue, and subject to the conditions listed'in Attachment "A" attached hereto and incorporated herein by reference.. SECTION 4. This action shall become final and'effective'ten (10) days after this decision by the Planning Commission, unlesswithin such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Councilas provided in Rosemead Municipal Code Section -17.160.040-Appeals of Decisions. SECTION 5. This resolution 'is;the resultof anaction taken by :the Planning Commission on February 4, 2019, by the following vote:. .. AYES: 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 4th day of February, 2019: _ook,1004111 John . Chaff 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. 4th day of . February, 2019, by the following vote: AYES: ENG, LOPEZ, AND TANG NOES: NONE ABSTAIN NONE ABSENT: HERRERA A 1 Be s-`im, Secretary APPRO D TO FORM: S Kane Thuyen, Planning.Commission Attorney • Burke, Williams &,Sorensen, LLP ATTACHMENT "A" (PC RESOLUTION 19-02) MINOR EXCEPTION 18-24 3226 & 3228 IVAR AVENUE (APN: 5289=017-040) CONDITIONS OF APPROVAL. FEBRUARY 4, 2019 Standard Conditions of Approvals 1. Minor Exception 18-24 ("Project") is approved for a new 2,499 square feet single- family dwelling and attached two-car garage, in addition toa detached two-car garage, on a lot where a legal nonconforming structure exists, in accordance with the plans marked Exhibit "B", dated January 17, 2019.. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 2. The following conditions must be complied to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 3. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions. 4. Approval of Project shall not take effect for any purpose until the 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 removedby the end of the 10 day appeal period of Project.. 6. Project is approved pproved 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 Divisionto make and/or approve minor modifications to the project and to theseconditions of approval. 8. Project is granted or approved with the City and its Planning Commission and City Council retainingand reserving the right andjurisdiction 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, anapprovalof 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, andlocal 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 otherapplicable 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 writtenverification 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, withoutprior approval by the City. The applicant shall abide by the noise controllsections of the Rosemead Municipal Code: 14. The Building and Safety Division, Planning Division, and'Engiineering 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. All ground level mechanical/utility equipment (including meters, back flow prevention devices,'fire.valves, NC condensers, furnaces, and other equipment)':.. shall be located away from public view or adequately screened by landscaping or screening walls soas not to be seen from the public right-of-way,: , 17.: The project site shall be graded,to drain tothe 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. 18. Violations of the conditions of approval may result in citation and/orinitiation of revocation proceedings. Project Specific Conditions of Approval 19.; All property that is vacant, under construction, or being demolished shall be totally enclosed around the perimeter by a fence that is a minimum of six (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 constructedfrom 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 stating "PRIVATE PROPERTY, NO.TRESPASSING" shall be posted on the fence. 20. 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. 21. In order to match the proposed single-family dwelling, the following improvements shall be completed to the existing nonconforming single-family dwelling: • :Re-roof the existing single-familydwelling and utilize a terracotta brown roof (Sunrise Blend, Eagle Roofing Products). • Remove the existing wood siding and utilize tan exterior walls (Adobe, La Habra Stucco). • Remove the existing brick veneer at the bottom_ portion of the.exterior, façade and utilize a range of brown colored stone veneer(York Limestone, - Eldorado Stone). • 22. All gutters, downspouts, mechanical elements, and/or architectural features shall be painted to match the:new single-family dwelling. 23. All onsite conditions, such as; Landscaping and fencing, shall be improved to the satisfaction of the.Planning Division. 24. The applicant(s) shall submit a final landscape and irrigation plan to the. Planning Division prior to the issuance of building permits.The:landscape and irrigation plan shall comply with the City's Water Efficient Landscape Ordinance and with the Guidelines for Implementation of the Water Efficient Landscape Ordinance and include a sprinkler system with automatic timers and moisture sensors. All landscaping and irrigation shall be installed and completed prior to final Planning Division approval. 25. All walls shall be stuccoed and fences shall match or complement the single-family dwelling unit in color, material, and:design; and shall be consistent in appearance. 26. All fencing in the required front yard areas shall be reduced to four feet. (Added by the Planning Commission on February 4 2019) Public Works Conditions of Approval Grading.and Drainage. 27.. Submit gradingand drainage plans per the City's grading guidelines and thelatest edition of the Los Angeles County Building Code.The plans shall be stamped and signed by a California State Registered Civil Engineer.. 28. All grading and drainage plans, must"provide for each lot having an independent drainage system to the public street, to a public drainage facility, or by means of an approved drainage easement. 29. All grading projects require an Erosion Control Plan as part of the grading plans. Grading permit will not be issued until an Erosion Control Plan is approved by the Engineering Department, Roadway Improvements 30. New drive.approaches shall.be constructed at least 3', away from any above- ground obstructions in the public right-of-way to the top of x" or the obstruction shall be relocated. New drive approaches shall be limited to the frontage of the parcel. The drive approach is intended to serve, and is designed to the satisfaction of the City Engineer 31. All work proposed within thepublic right-of-way ;shall require permits from the Public Works Department 32. Remove and replace existing curb and gutter from property line to property line.. 33. Remove and replace with 10 feet minimum width sidewalk from property line to property line. 34. Proposed parkway tree should be 36-inches box min. Contact City Arborist for tree species recommendations. 35. Remove existing driveway approach and construct new driveway approach at 3921 Muscatel Avenue. Utilities 36. All power, telephone and cable television shall be underground. 37. Any utilities that are in conflict with the development shall be relocated. at the developer's expense. Water 38. To provide fire protection for the proposed development, the project shall be approved by the Los Angeles County Fire Department.