PC - 2021-12 - Approving Modification 21-06, amending Design Review 20-02, by eliminating Condition of Approval No. 32, which requires the undergrounding of utilities. The subject site is located at 3139 Burton Avenue (APN: 5289-004-061), in the R-1 Zone.PC RESOLUTION 21-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MODIFICATION 21-06, AMENDING DESIGN REVIEW 20-
02, BY ELIMINATING CONDITION OF APPROVAL NO. 32, WHICH
REQUIRES THE UNDERGROUNDING OF UTILITIES. THE SUBJECT
SITE IS LOCATED AT 3139 BURTON AVENUE (APN: 5289-004-061), IN
THE SINGLE FAMILY RESIDENTIAL (R-1) ZONE.
WHEREAS, on August 30, 2021, the City initiated Modification 21-06, to amend
the conditions of approval for Design Review 20-02 to eliminate Condition of Approval
No. 32, which requires the undergrounding of utilities;
WHEREAS, 3139 Burton Avenue is located in the Single Family Residential (R-1)
zoning district;
WHEREAS, Section 17.120.100(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 September 9, 2020, fifty-two (52) 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, specifying the
availability of the application, and the date, time, and location of the public hearing for
Modification 21-06;
WHEREAS, on September 20, 2021, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Modification
21-06; 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
21-06 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of the
California Environmental Quality Act (CEQA) guidelines. Section 15301 of CEQA
exempts projects consisting of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond
that existing at the time of the lead agency's determination. Accordingly, Modification 21-
06 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of CEQA
guidelines.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Modification 21-06, in accordance with Section
17.120.100(C) of the Rosemead Municipal Code as follows:
A. Per Rosemead Municipal Code, Section 17.120.100(C), a proposed change that
does not comply with the criteria identified in subsection B of [RMC Section 17.120.100],
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. The modification is necessary
as both the City Engineer and SCE have determined that undergrounding utilities would
be impractical. There are circumstances that may hinder the safety of SCE's equipment.
According to SCE, the pole is too close to the driveways at 3138 and 3132 Burton Avenue,
which are located across the street from the project site. If a riser was installed on Pole
1844499E, the riser would be 3/ inch away from the pole and the safety of the riser would
be compromised as it could be easily hit by vehicles utilizing the driveway from either
property. For this reason, the City Engineer is recommending the amendment of the
Public Works Department Conditions to eliminate the condition requiring all utilities to be
installed underground.
SECTION 3. The Planning Commission HEREBY APPROVES Modification 21-06,
an amendment to Design Review 20-02, by eliminating Condition of Approval No. 32,
which requires the undergrounding of utilities. Modification 21-06 is 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 September 20, 2021, by the following vote:
AYES:
BERRY, LEUNG, LOPEZ, TANG, AND UNG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
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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 20th day of September, 2021.
CERTIFICAMN
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 20th day of
September, 2021 by the following vote:
AYES: BERRY, LEUNG, LOPEZ, TANG, AND UNG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
"Frausto-Lupo,
A ica Secreta
AP OkEp AS T O .
Ka e Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
ATTACHMENT "A"
(PC RESOLUTION 21-12)
MODIFICATION 21-06
3139 BURTON AVE
(APN: 5289-004-061)
CONDITIONS OF APPROVAL
September 20, 2021
Modification 21-06 (Project) shall be in compliance and remain in compliance with
all Conditions of Approval for Design Review 20-02, in addition to the Conditions of
Approval for the project.
2. Project is approved for the elimination of Condition of Approval No. 32 of Design
Review 20-02, which required all utilities adjacent to and serving the property shall
be underground.
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. Project is approved for a period of one (1) year. The applicant shall commence the
proposed use 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 Division,
Building Division, and Public Works Department, 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.
5. The City Council hereby authorizes the Planning Division to make and/or approve
minor modifications to the project and to these conditions of approval.
6. Project is granted or approved with the City and its 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 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.
M
7. The applicant(s) 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
aside, void, or annul, an approval of the Planning Commission concerning the
project, which action is brought within the time period provided by law.
8. The applicant(s) shall comply with all Federal, State, and local laws relative to the
approved project, including the requirements of the Planning, Building, Public
Works, Fire, Sheriff, and Health Departments.
9. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
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