PC - 2019-13 - Approving Tentative Parcel Map 82804 located at 7556 Gavalia Avenue PC RESOLUTION 19-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 82804, FOR THE
SUBDIVISION OF ONE PARCEL INTO TWO PARCELS. THE PROJECT
SITE IS LOCATED AT 7556 GARVALIA AVENUE (APN: 5285-013-007),
IN A LIGHT MULTIPLE RESIDENTIAL (R-2) ZONE.
WHEREAS, on August 14, 2019, Zhaoting Pan submitted a Tentative Parcel Map
application, requesting to subdivide one parcel into two parcels at 7556 Garvalia Avenue;
WHEREAS, 7556 Garvalia Avenue is located in a Light Multiple Residential (R-2)
zoning district;
WHEREAS, Sections 66473.5 and 66474 of the California Government Code and
Section 16.08.130 of the Rosemead Municipal Code provide the criteria for a Tentative
Parcel Map;
WHEREAS, Sections 66451 et seq. of the California Government Code and
Section 16.08.030 of the Rosemead Municipal Code authorizes the Planning Commission
to approve, conditionally approve, or deny Tentative Parcel Map applications;
• WHEREAS, on December 5, 2019, 72 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
Tentative Parcel Map 82804;
WHEREAS, on December 16, 2019, the Planning Commission held a duly noticed.
and advertised public hearing to receive oral and written testimony relative to Tentative
Parcel Map 82804; 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 Tentative
Parcel Map 82804 is categorically exempt under Section 15315 of the California
Environmental Quality Act guidelines. Section 15315 of the California Environmental
Quality Act guidelines exempt projects consisting of the division of property in urbanized
areas zoned for residential, commercial, or industrial use into four or fewer parcels when
the division is in conformance with the General Plan and zoning, no variances or
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exceptions are required, all services and access to the proposed parcels to local
standards are available, the parcel was not involved in a division of a larger parcel within
the previous two years, and the parcel does not have an average slope greater than 20
percent.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Tentative Parcel Map 82804, in accordance with Section
16.08.130 of the Rosemead Municipal Code as follows:
A. The proposed division will not be materially detrimental to the public welfare nor
injurious to the property or improvements in the immediate vicinity;
FINDING: The proposed division will result in two parcels that will satisfy the
minimum requirements for parcels in the existing zone and will be similar or identical to
the existing parcels in the immediate vicinity. The existing and future land use of the two
parcels shall comply with the Rosemead Zoning Code. As such, the characteristics of the
proposed division will be in harmony and consistent with the existing neighborhood, and
will not be materially detrimental to the public welfare nor injurious to the property or
improvements in the immediate vicinity.
B. The proposed division will not be contrary to any official plan adopted by the
City Council; or to any official policies or standards adopted by the City Planning
Commission or the City Council and on file in the office of the City Clerk at or prior to the
time of filing of the application hereunder;
FINDING: The project site is located in the Light Multiple Residential (R-2) zone
and designated in the General Plan as Medium Density Residential. The proposed
division will be in conformance with the applicable standards, and will not be contrary to
any official plans or policies.
C. Each proposed parcel conforms in area and dimension to the provisions of
zoning and subdivision requirements of the city;
FINDING: In the Light Multiple Residential (R-2) zone, the required minimum lot
area shall be 6,000 square feet and minimum lot width shall be 50 feet. Each proposed
parcel will conform in area and dimension to the provisions of the zoning and subdivision
requirements of the city. Parcel 1 will be 9,000 square feet and Parcel 2 will be 8,950
square feet, each with a 60-foot lot width. The project will be processed in compliance
with the Subdivision Map Act.
D. All streets, alleys and driveways proposed to serve the property have been
dedicated or such dedication is not required for the protection of public safety, health and
welfare and that such streets, alleys and driveways are of sufficient width, design and
construction to preserve the public safety and to provide adequate access and circulation
for vehicular and pedestrian traffic; and
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FINDING: Access to Parcel 1 would continue to be via Garvalia Avenue, whereas
Parcel 2 would be via Wilmar Place. No additional streets or alleys are proposed with this
Tentative Parcel Map. Any future driveways will be in conformance to the Rosemead
Zoning Code and all applicable standards required by the City Engineer.
E. All easements and covenants required for the approval of the tentative map or
plot plan have been duly executed and recorded.
FINDING: Prior to recordation of the final parcel map, and where applicable, the
applicant shall execute and record all necessary easements and covenants as required
by the City Engineer.
SECTION 3. The Planning Commission HEREBY APPROVES Tentative Parcel
Map 82804 for the subdivision of one parcel into two parcels, located at 7556 Garvalia
Avenue, and subject to 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 December 16, 2019, by the following vote:
AYES: BARRY, ENG, LOPEZ, TANG, AND VUONG
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 16th day of December, 2019.
,V
Na y ng, 6r
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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 16th day of
December, 2019, by the following vote:
AYES: BARRY, ENG, LOPEZ, TANG, AND VUONG
NOES:
ABSTAIN:
ABSENT:
... 1
Ben :/', Secretary
APPROVED AS TO FORM:
ciw,„„,,,,- .0„-
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
TENTATIVE PARCEL MAP 82804
7556 GARVALIA AVENUE
(APN: 5285-013-007)
CONDITIONS OF APPROVAL
DECEMBER 16, 2019
Standard Conditions of Approval
1. Tentative Parcel Map 82804 ("Project") is approved for the subdivision of one
parcel into two parcels, located at 7556 Garvalia Avenue, in accordance with the
Tentative Parcel Map marked Exhibit "B", dated December 9, 2019. Any revisions
to the approved Tentative Parcel Map must be resubmitted for Planning Division
review and, if satisfactory, approval.
2. The conditions listed on this exhibit shall be copied directly onto any development
plans. All conditions shall 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. 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 two (2) years. The applicant shall record the
final map within the two-year period or request an extension within 30 calendar
days prior to expiration. The two (2) year initial approval period shall be effective
from the Planning Commission approval date. The approval may be extended for
no more than three additional 12-month periods beyond the expiration of the
original approval. Any failure to comply with the requirements of any action taken,
condition imposed, or modification required by the Planning Commission or City
Council with respect to the tentative map, or to file a final map conforming with the
requirements of Chapter 16.08 of the Rosemead Municipal Code, within two (2)
years from the approval or conditional approval of the tentative map and prior to
the actual subdivision of the property and commencement of work on the proposed
improvements thereon, shall void all proceedings hereunder and shall have the
effect of a final disapproval of the proposed subdividing of the property.
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.
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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 and 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 shall defend, indemnify, and hold harmless the City of Rosemead
and/or its agents, officers, and employees from any claim, action, or proceeding
against the City of Rosemead and/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 shall comply with all Federal, State, and local laws relative to the
approved project, 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 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.
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15. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Project Specific Conditions of Approval
16. Prior to the recordation of the final map, the applicant shall demolish all structures
located on the project site. All necessary permits shall be obtained and finaled by
the Planning Division and Building and Safety Division.
17. All proposed fences and/or 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. The site shall be maintained in a graffiti-free state.
19. The site shall be maintained in a clean, weed and litter-free state. All trash
containers shall be stored in the approved trash enclosure at all times. All trash
and garbage receptacles shall be regularly inspected and cleaned, and maintained
in a clean, safe, and sanitary condition.
20. A final landscape and irrigation plan shall be submitted to the Planning Division for
review and approval prior to the issuance of building permits. The new planting
materials shall include a combination of colorful and drought tolerant trees, large
potted plants, shrubs, and low growing flowers. The landscape and irrigation plan
shall include a sprinkler system with automatic timers and moisture sensors.
Project shall comply with the City of Rosemead Water Efficient Landscape
Ordinance and any other drought tolerant requirements in effect. All landscape
areas shall be installed and maintained to the satisfaction of the Planning Division.
21. All mechanical/utility equipment (including meters, back flow prevention devices,
fire valves, NC condensers, furnaces, and other equipment) shall be located away
from public view and/or adequately screened by landscaping or screening
walls/parapets so as not to be seen from the public right-of-way and/or adjacent
properties to the satisfaction of the Planning Division. Planning Division approved
of said screening shall be obtained prior to installation.
22. All property that is 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
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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.
23. All property that is vacant, abandoned, or unoccupied for more than thirty (30) days
shall comply with the requirements set forth in Chapter 8.48 (Vacant Lots) of the
Rosemead Municipal Code.
Public Works/Engineering Conditions of Approval
General
24. Applicant shall submit all fees related to the processing of TPM 82804. Applicant
shall be aware that they may be subject to other fees and charges for other
services.
25. A Topographic survey indicating the proposed tentative tract map should be
submitted for approval. This should indicate right of way dimensions, existing
sidewalk dimensions, street dimensions, utilities, etc.
26. Details shown on the tentative map are not necessarily approved. Any details
which are inconsistent with requirements of ordinances, general conditions of
approval, or City Engineer's policies must be specifically approved in the final map
or improvement plan approvals.
27. A final parcel map prepared by, or under the direction of a Registered Civil
Engineer authorized to practice land surveying, or a Licensed Land Surveyor, must
be processed through the City Engineer's office prior to being filed with the County
Recorder.
28. A preliminary subdivision guarantee is required showing all fee interest holders
and encumbrances. An updated title report shall be provided before the final tract
map is released for filing with the County Recorder.
29. The final tract map shall be based on a field survey, and monuments shall be set
to permanently mark parcel map boundaries, street center lines and lot boundaries
to the satisfaction of the City Engineer. The basis of bearing used for the field
survey required for the final map shall include two survey well monuments found
or set. The City Engineer may waive this requirement upon petition should this be
impractical. Well monuments shall be set in accordance with standard plan No.
S08-001, if required.
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30. Final tract map shall be filed with the County Recorder and one (1) Mylar copy of
filed map shall be submitted to the City Engineer's office. Prior to the release of
the final map by the City, a refundable deposit to be determined by the City
Engineer, shall be submitted by the developer to the City, which will be refunded
upon receipt of the Mylar copy of the filed map.
31. Comply with all requirements of the Subdivision Map Act.
32. Approval for filling of this land division is contingent upon approval of plans and
specifications mentioned below. If the improvements are not installed prior to the
filing of this division, the developer must submit an Undertaking Agreement and a
Faithful Performance and Labor and Materials Bond in the amount estimated by
the City Engineer guaranteeing the installation of the improvements.
33. The City reserves the right to impose any new plan check and/or permit fees
approved by City Council subsequent to tentative approval of this map.
34. Prior to performing any grading, obtain a permit from the Engineering Department.
Submit grading and drainage plans per the City's grading guidelines and the latest
edition of the Los Angeles County Building Code. The plans shall be stamped and
signed by a California State Registered Civil Engineer.
35. Prior to the recordation of the final map, grading and drainage plans must be
approved to provide for contributory drainage from adjoining properties as
approved by the City Engineer, including dedication of the necessary easements.
36. A grading and drainage plan 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. No cross lot drainage to be allowed.
37. Historical or existing storm water flow from adjacent lots must be received and
directed by gravity to the public street, to a public drainage facility, or an approved
drainage easement.
38. Prepare and submit hydrology and hydraulic calculations for sizing of all proposed
drainage devices. The analysis shall also determine if changes in the post
development versus pre development conditions have occurred. The analysis shall
be stamped by a California State Registered Civil Engineer and prepared per the
Los Angeles County Department of Public Works Hydrology Method. Applicant
shall submit all applicable fees for review.
39. All grading projects require an Erosion Control Plan as part of the grading plans.
Grading permit will not be issued until and Erosion Control Plan is approved by the
Public Works Department.
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Road
40. All work proposed within the public right-of-way shall require permits from the
Public Works Department.
41. Install driveway approach in accordance with SPPWC Standard Plan 110-2, and
as directed by the City Engineer or his/her designee. No portion of the driveway
and/or parkway shall encroach to the frontage of the adjacent property.
42. Install new concrete sidewalk to extend full width from curb to right-of-way line,
remove landscape to widen the sidewalk and provide ADA access across the
new driveway.
43. Install new curb and gutter along the length of the property frontage in
accordance with SPPWC Standard Plan 120-2, and as directed by the City
Engineer or his/her designee.
44. The approved building addresse(s) shall be painted on the curb to the City's
standard as required by the Public Works Inspector prior to final inspection.
45. Any trenching or asphalt pavement removal in either streets related to the project
shall match the recently paved/slurry sealed surfaces and as directed by the City
Engineer or his designee. New pavement thickness shall be one inch greater than
the existing. All applicable in-lieu fees shall be paid to the City as required for
future pavement rehabilitations.
Sewer
46. Approval of this land division is contingent upon providing a separate house sewer
lateral to serve each lot of the land division.
47. Prepare and submit a sewer calculations analysis for sizing of proposed laterals
including capacity conditions of existing sewer trunk line. The analysis shall be
stamped by a California State Registered Civil Engineer and prepared per the Los
Angeles County Department of Public Works Guidelines. Applicant shall submit all
applicable fees for review.
48. All existing laterals to be abandoned shall be capped at the public right of way to
the satisfaction of the City Engineer and the Building Official of the City of
Rosemead.
Utilities
49. All power, telephone and cable television shall be underground.
50. Any utilities that are in conflict with the development shall be relocated at the
developer's expense.
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Water
51. Prior to the filing of the final map, there shall also be filed with the City Engineer, a
statement from the water purveyor indicating subdivider compliance with the Fire
Chief's fire flow requirements.
52. Prior to the filing of the final map, there shall also be filed with the City Engineer, a
statement from the water purveyor indicating will-serve.
53. Water hydrant, water meter box and utilities box shall be located 8 feet away from
parkway trees and 3 feet away from driveway approach.
54. The project shall be approved by the Los Angeles County Fire Department.
Los Angeles County Fire Department Conditions of Approval
Water System Requirements
55. All hydrants shall measure 6" x 4" x 2-1/2" brass or bronze, conforming to current
AWWA standard C503 or approved equal.
56. Vehicular access must be provided and maintained serviceable throughout
construction to all required fire hydrants. All required fire hydrants shall be
installed, tested, and accepted prior to construction.
57. An approved automatic fire sprinkler system is required for the proposed
buildings within this development. Submit design plans to the Fire Department
Sprinkler Plan Check Unit for review and approval prior to installation.
Final Map Requirements
58. The Final Map shall be submitted to the Los Angeles County Fire Department for
review and approval prior recordation.
59. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21
(County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County
of Los Angeles. Fire Code), which requires an all-weather access surface to be
clear to sky.
Building and Safety Division Conditions of Approval
60. Detailed construction requirements will be determined after a full Building Division
plan review.
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