PC - 2020-04 - Approving Modification 20-02 and amending Condition of Approval No. 20 located at 3917 Muscatel Ave PC RESOLUTION 20-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MODIFICATION 20-02, AMENDING DESIGN REVIEW 18-
04, BY RELOCATING THE DRIVEWAY, REVISING THE FLOOR PLAN
LAYOUT, REDESIGNING THE EXTERIOR FACADES OF BOTH
SINGLE-FAMILY DWELLING UNITS, AND AMENDING CONDITION OF
APPROVAL NO. 20, BY MODIFYING THE ORIGINAL DESIGN
INCENTIVES. THE SUBJECT SITE IS LOCATED AT 3917 MUSCATEL
AVENUE (APN: 5390-010-051), IN THE SINGLE FAMILY RESIDENTIAL
(R-1) ZONE.
WHEREAS, on March 4, 2020, Emily Young submitted a Modification application
requesting approval to amend Design Review 18-04, to relocate the driveway, revise the
floor plan, redesign the exterior facades of two single-family dwelling units, and amend
Condition of Approval No. 20, by modifying the original design incentives;
WHEREAS, 3917 Muscatel Avenue is located in the Single Family Residential (R-
1) zoning district;
WHEREAS, Section 17.120.110(C) of the Rosemead Municipal Code provides the
criteria for authorizing changes to an approved project;
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 changes to developments or new
uses authorized through a permit granted in compliance with the zoning code;
WHEREAS, on May 21, 2020, forty-six (46) 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 Modification 20-02;
WHEREAS, on June 1, 2020, the Planning Commission meeting was cancelled
and the duly noticed and advertised public hearing was postponed due to the County of
Los Angeles' issued curfew;
WHEREAS, on June 4, 2020, forty-six (46) 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 Modification 20-02;
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WHEREAS, on June 15, 2020, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Modification 20-
02; 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 Modification
20-02 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
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 Modification 20-02, in accordance with Section
17.120.110(C) of the Rosemead Municipal Code as follows:
A. Per Rosemead Municipal Code, Section 17.120.110(C), a proposed change that
does not comply with the criteria identified in subsection B of[RMC Section 17.120.110],
or any other provision of the Zoning Code, may only be approved by the original review
authority for the project through a modification permit application filed and processed in
compliance with [RMC Chapter 17.120].
FINDING: Staff has verified that the proposed modification would be in compliance
with all applicable sections of the Rosemead Zoning Code. Although the relocation of the
driveway has altered the development standards from the original approval of Design
Review 18-04, the proposed single-family dwelling units would continue to satisfy the
development standards of Rosemead Municipal Code Table 17.12.030.1. In addition, the
modification of the floor plan would not alter the square footage of the single-family
dwelling units as originally approved by Design Review 18-04. Furthermore, the proposed
modern design with traditional architectural elements would promote a newer design
while maintaining consistency with the surrounding neighborhood. Additionally, all
applicable conditions of approval of Design Review 18-04 would continue to apply.
SECTION 3.The Planning Commission HEREBY APPROVES Modification 20-02,
an amendment to Design Review 18-04, by relocating the driveway, revising the floor plan
layout, redesigning the exterior facades of both single-family dwelling units, and
amending Condition of Approval No. 20, by modifying the original design incentives
located at 3917 Muscatel Avenue. Modification 20-02 is subject to the conditions listed in
Attachment "A" attached hereto and incorporated herein by reference.
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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 June 15, 2020, by the following vote:
AYES: BERRY, 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 applicant and the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 15th day of June, 2020.
Nan Eng, 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:
ABSTAIN:
ABSENT:
Angelica Frausto-Lupo, ecretary
AP' ' V D AS ' FORM:
hristina Burrows, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
(PC RESOLUTION 20-04)
MODIFICATION 20-02
3917 MUSCATEL AVENUE
(APN: 5390-010-051)
CONDITIONS OF APPROVAL
JUNE 15, 2020
Standard Conditions of Approvals
1. Design Review 18-04 is approved for the construction of two new 3,497
square-foot single-family dwelling units, in accordance with the plans
marked Exhibit "B", dated January 22, 2019. Modification 20-02 would
relocate the driveway, revise the floor plan layout, redesign the exterior
facade of both single-family dwelling units, and amend Conditions of
Approval No. 20, by modifying the original design incentives, 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. (Modified by the Planning Commission on June 15,
2020).
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
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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.
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.
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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 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.
Prosect 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. An additional five (5) percent of floor area has been granted through the use
of the following design incentives, and such design elements shall remain in
effect (Modified by the Planning Commission on June 15, 2020):
a. Garages placed at the rear of the lot and not visible from the street;
b. Usage of windows that are recessed a minimum of four (4) inches on
the front elevation;
c. Use of true divided-light windows, doors and side lights;
d. Second floor setback that exceeds the zoning minimum by more than
five (5) feet on one side elevation;
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e. No front yard fencing or fencing lower than four (4) feet in height;
f. Use of interlocking pavers, decomposed granite or other decorative
hardscape materials for walkways and driveways;
g. Use of drought-tolerant plant materials and automatic irrigation with
moisture sensors.
21. All gutters, downspouts, mechanical elements, and/or architectural features shall
be painted to match the single-family dwelling unit.
22. 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.
23. 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.
Public Works Conditions of Approval
Grading and Drainage
24. 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.
25. 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 utilizing an
approved drainage easement.
26. All grading projects require an Erosion Control Plan as part of the grading plans.
A grading permit will not be issued until an Erosion Control Plan is approved by
the Engineering Department.
27. Comply with Low Impact Development (LID) and all NPDES requirements.
(Modified by the Planning Commission on June 15, 2020).
Roadway Improvements
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 Los Angeles County Land Development
Division Bond Calculation Sheets prior to the issuance of building permits
to the satisfaction of the City Engineer or designee. (Modified by the
Planning Commission on June 15, 2020).
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29. 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.
30. All work proposed within the public right-of-way shall require permits from the
Public Works Department.
31. The approved building address(s) shall be painted on the curb to the City's
standard as required by the Public Works Inspector prior to the final
inspection. (Modified by the Planning Commission on June 15, 2020).
32. 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. (Modified by the Planning
Commission on June 15, 2020).
33. The required street improvements shall include those portions of roadways
contiguous to the subject property and include (Modified by the Planning
Commission on June 15, 2020):
a. Remove and reconstruct existing driveway approaches to meet
current ADA requirements per SPPWC, latest edition.
b. Repair all damaged and off-grade curbs, gutters, ADA ramps, and
sidewalks.
Utilities
34. All utilities adjacent to and serving the property shall be underground.
35. Any utilities that conflict with the development shall be relocated at the
developer's expense.
Water
36. To provide fire protection for the proposed development, the project shall be
approved by the Los Angeles County Fire Department.
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