PC - 2020-06 - Approving Design Review 20-03, permitting a two-story, 3,429 square-foot single family dwelling unit located at 3143 Burton Ave PC RESOLUTION 20-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING DESIGN REVIEW 20-03, PERMITTING A NEW, TWO-
STORY, 3,429 SQUARE-FOOT SINGLE-FAMILY DWELLING UNIT,
WITH AN ATTACHED THREE-CAR GARAGE. THE SUBJECT SITE IS
LOCATED AT 3143 BURTON AVENUE (APN: 5289-004-062), IN THE
SINGLE FAMILY RESIDENTIAL (R-1) ZONE.
WHEREAS, on April 28, 2020, Anna Chow submitted a Design Review application
requesting approval to construct a new, two-story, 3,429 square-foot single-family
dwelling unit, with an attached three-car garage;
WHEREAS, 3143 Burton Avenue is located in the R-1 zoning district;
WHEREAS, Section 17.28.020(C) of the Rosemead Municipal Code provides the
criteria for a Design Review;
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.28.020(C) of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve, or deny Design Review applications;
WHEREAS, on June 4, 2020, fifty-eight (58) 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 five (5) public locations and on site,
specifying the availability of the application, and the date, time, and location of the public
hearing for Design Review 20-03;
WHEREAS, on June 15, 2020, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Design Review
20-03; 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 Design
Review 20-03 is classified as a Class 3 Categorical Exemption, 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
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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 Design Review 20-03, in accordance with Section
17.28.020(C) of the Rosemead Municipal Code as follows:
A. The plans indicate proper consideration for the relationship between the
proposed building and site developments that exist or have been approved for the general
neighborhood.
FINDING: The subject property is located within an established residential area of
the City. The applicant has provided an aesthetically complementary design, which
consists of a two-story, contemporary-style design, cool, earth-tone colors, decorative
hardscape materials for walkways and driveways, and new landscaping. The
development would improve the overall aesthetics of the surrounding neighborhood.
B. The plan for the proposed structure and site development indicates the manner
in which the proposed development and surrounding properties are protected against
noise, vibrations, and other factors which may have an adverse effect on the environment,
and the manner of screening mechanical equipment, trash, storage and loading areas.
FINDING: The proposed structure is designed with front, side, and rear setbacks
that meet or exceed the minimum requirements of the R-1 zone, which creates a sufficient
buffer between the proposed dwellings and the surrounding properties to protect against
noise, vibrations, and other factors,which may have an adverse effect on the environment
and neighborhood. This development would not generate any foreseeable permanent
negative impacts to the noise levels of the surrounding area. In addition, the mechanical
equipment that are proposed are not visible from public view. All construction work would
be required to comply with the timeframe and decibel levels indicated in the City of
Rosemead Noise Ordinance. Conditions of Approval will address factors such as
construction hours, noise, and landscaping.
C. The proposed building or site development is not, in its exterior design and
appearance, so at variance with the appearance of other existing buildings or site
developments in the neighborhood as to cause the nature of the local environment to
materially depreciate in appearance and value.
FINDING: The proposed project would not depreciate the appearance and value
of the local environment. Staff has worked closely with the applicant to achieve a
residential design that would complement the neighborhood character. The applicant has
proposed a contemporary-style design, which incorporates some aesthetic
characteristics found in residences currently built in the immediate neighborhood. In
addition, the proposed project has incorporated design elements such as the use of
interlocking pavers for the driveway, stone veneer, recessed windows with pre-cast
concrete molding, and a second story top plate that does not exceed twenty (20) feet in
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height. The incorporation of the proposed design elements would create visual interest at
the street level.
D. The proposed building or structure is in harmony with the proposed
developments on land in the general area, especially those instances where buildings are
within or adjacent to land shown on the General Plan as being part of the Civic Center or
in public or educational use, or are within or immediately adjacent to land included within
any precise plan which indicates building shape, size, or style.
FINDING: The subject property is not part of the Civic Center Plan, precise plan,
or land reserved for public or educational use. The applicant has proposed an appealing
architectural design, which will create an improved site that is aesthetically
complementary to the surrounding area. There are similar two-story, single family
dwellings in the general area with square footages that range from 2,300 to 2,986 square
feet. In addition, a similar residential development was approved in 2005 for a two-story,
2,931 square-foot single-family dwelling unit located on the same street as the project
site.
E. The proposed development is in conformity with the standards of this Code and
other applicable ordinances in so far as the location and appearance of the buildings and
structures are involved.
FINDING: The proposed development satisfies all of the minimum zoning code
requirements for the R-1 zone, and all applicable referenced code sections of the
Rosemead Municipal Code.
F'. The site plan and the design of the buildings, parking areas, signs, landscaping,
luminaries, and other site features indicates that proper consideration has been given to
both the functional aspects of the site development, such as automobile and pedestrian
circulation, and the visual effect of the development from the view of public streets.
FINDING: Access to the project site would continue from Burton Avenue. The
design and construction of this project would preserve and provide adequate access
and circulation for vehicular and pedestrian traffic. The incorporation of interlocking
pavers on the proposed driveway will significantly improve the visual effect of the site
from the view of the public street.
SECTION 3. The Planning Commission HEREBY APPROVES Design Review 20-
03, permitting a new, two-story, 3,429 square-foot single-family dwelling unit, with an
attached three-car garage located at 3143 Burton 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, 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.
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SECTION 5. This resolution is the result of an action taken by the Planning
Commission on June 15, 2020, by the following vote:
AYES: BERRY, ENG, LOPEZ, TANG, AND VUONG
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 applicant and the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 15th day of June, 2020.
rV
N y Eng O air
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 15th day of June,
2020 by the following vote:
AYES: BERRY, ENG, LOPEZ, TANG, AND VUONG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
O144415-
Angelica Frausto-Lupo , Secretary
AP 'OVED AS TO FORM:
/ii / ZIL
•Christina Bur ows, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
(PC RESOLUTION 20-06)
DESIGN REVIEW 20-03
3143 BURTON AVENUE
(APN: 5289-004-062)
CONDITIONS OF APPROVAL
JUNE 15, 2020
Standard Conditions of Approvals
1. Design Review 20-03 ("Project") is approved for the construction of a new, two-
story, 3,429 square-foot single-family dwelling unit, with an attached three-car
garage , in accordance with the plans marked Exhibit"B", dated June 1, 2020. 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 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.
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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. All ground level mechanical/utility equipment (including meters, back flow
prevention devices, fire valves, A/C condensers, furnaces, and other equipment)
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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.
17. 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.
18. Violations of the conditions of approval may result in citation and/or initiation 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 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.
c. Signs stating "PRIVATE PROPERTY, NO TRESPASSING" shall be posted
on the fence.
20. All gutters, downspouts, mechanical elements, and/or architectural features shall
be painted to complement the single-family dwelling unit.
21. 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.
22. All walls shall consist of two rows of split face CMU block with smooth concrete
caps. All fences shall match or complement the single-family dwelling unit in color,
material, and design; and shall be consistent in appearance.
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Public Works Conditions of Approval
23. Copy all conditions of approval and the Planning decision letter onto all permit plan
sets.
24. Install street trees if required.
25. Street trees shall be installed per Public Works Department requirements.
26. The property shall have a separate sewer connection.
27. The approved building address(s) shall be painted on the curb to the City's
standard as required by the Public Works Inspector before the final inspection.
28. Rehabilitate existing AC street pavement along the property frontage to the
centerline of the street or pay an in-lieu fee equal to the estimated cost of street
rehabilitation based on the Los Angeles County Land Development Division Bond
Calculation Sheets before the issuance of building permits to the satisfaction of the
City Engineer or designee.
29. Any trenching asphalt or concrete pavement or street or sidewalk removal related
to the project repair shall match the existing 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 rehabilitation.
30. The required street improvements shall include those portions of roadways
contiguous to the subject property and include:
a. Remove and reconstruct existing driveway approaches to meet current
ADA requirements per SPPWC, latest edition. Install new driveway
approaches with ADA bypass for the property in accordance with SPPWC,
latest edition, and as directed by the City Engineer or designee. No portion
of the driveway and/or parkway shall encroach to the frontage of the
adjacent property. Remove and replace relocated driveway approaches
with sidewalk and curb and gutter.
b. Remove and reconstruct all damaged and off-grade curbs, gutters, ADA
ramps, driveway approaches, and sidewalks.
c. Install street storm drain catch basin trash grates adjacent to property
(type to match City standard), when applicable.
Utilities
31. All utilities adjacent to and serving the property shall be underground.
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32. Any utilities that conflict with the development shall be relocated at the
developer's expense.
Water
33. To provide fire protection for the proposed development, the project shall be
approved by the Los Angeles County Fire Department.
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