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PC - 2021-18 - Approving ME 21-02, permitting a new 2,446 sq ft, two-story, single-family dwelling w/ a detached three-car garage at the rear of a lot where a legal, nonconforming single-family dwelling unit exists, located at 9238 Pitkin St. in R-1 Zone.PC RESOLUTION 21-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MINOR EXCEPTION 21-02, PERMITTING A NEW 2,446 SQUARE -FOOT, TWO-STORY, SINGLE-FAMILY DWELLING WITH A DETACHED THREE -CAR GARAGE AT THE REAR OF A LOT WHERE A LEGAL, NONCONFORMING SINGLE-FAMILY DWELLING UNIT EXISTS, AND A 20% EXCEPTION FOR THE SIDE YARD SETBACK FROM 6'-0" TO 5'-0" TO CONTINUE THE EXISITING WALL OF THE SINGLE-FAMILY DWELLING UNIT FOR THE CONSTRUCTION OF A 484 SQUARE -FOOT ATTACHED TWO -CAR GARAGE, LOCATED AT 9238 PITKIN STREET (APN: 8592-015-066), IN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE WHEREAS, on February 2, 2021, Simon Liang submitted a Minor Exception application, requesting approval to construct a new 2,446 square -foot, two-story, single- family dwelling with a detached three -car garage at the rear of a lot where a legal, nonconforming single-family dwelling unit exists, and a 20% exception for the side yard setback from 6'-0" to 5'-0" to continue the existing wall of the single-family dwelling unit for the construction of a 484 square -foot attached two -car garage, located at 9238 Pitkin Street; WHEREAS, 9238 Pitkin Street is located in a Single -Family Residential (R-1) zone; WHEREAS, Section 17.142.020(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 17.142.020(B)(2) of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or deny Minor Exception applications; WHEREAS, on November 4, 2021, sixty-one (61) 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 21-02; and WHEREAS, on November 15, 2021, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Minor Exception 21-02; 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 Minor Exception 21-02 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 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 Minor Exception 21-02, in accordance with Sections 17.142.020(B)(2) and 17.142.020(A)(1)(a) of the Rosemead Municipal Code as follows: A. 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 correct an unsafe condition; FINDING: Staff has verified with the Building Official that the proposal would not create any hazards or safety problems with the existing structure. B. The proposal includes the necessary work to maintain or improve the aesthetic appearance or architectural viability of the existing nonconforming structures onsite; FINDING: The applicant has proposed to renovate the exterior of the existing nonconforming single-family dwelling unit to match the proposed single-family dwelling unit at the rear. A condition has also been added that the existing, legal nonconforming single-family dwelling will be improved to match the proposed single-family dwelling unit. The improvements include stuccoing the entire dwelling unit, incorporating stone veneer at the base and entryway, and painting the fascia boards and window trims. C. 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: Staff has confirmed that the existing nonconforming single-family dwelling unit contains a substandard side yard setback along the west property line. There are no other nonconforming development standards on the property. 2 D. 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: There are no nonconforming residential accessory structures that are proposed to remain on the property. i. The square footage of any new encroachment into the setback does not exceed the square footage of the existing non -conforming, encroachment into the setback; FINDING: The proposed attached two -car garage will be 484 square feet and will not exceed the square footage of the existing single-family dwelling unit, which is 1,689 square feet. ii. The resulting structure complies with the floor area, lot coverage, and other setback requirements of the zone in which it is located. FINDING: The proposed attached two -car garage will comply with floor area and lot coverage. With the 20% exception request, the garage will comply with the side yard setback. All other setback requirements would be met. iii. The minor exception shall be in compliance with all Building and Safety requirements. FINDING: The proposed attached two -car garage shall comply with Building and Safety requirements once construction drawings are received and approved by the Building and Safety Division. iv. No previous variance or minor exception has been granted for an extension of the subject nonconforming wall. FINDING: The applicant has not previously requested for a variance or a minor exception for an extension of the subject nonconforming wall. V. The expansion area shall be defined by the extension of two or more existing exterior walls. FINDING: The proposed expansion area would extend from the existing walls on the east and west sides of the single-family dwelling unit. SECTION 3. The Planning Commission HEREBY APPROVES Minor Exception 21-02 for a new 2,446, two-story, square -foot single-family dwelling with a detached three -car garage at the rear of a lot where a legal, nonconforming single-family dwelling unit exists, and a 20% exception for the side yard setback from 6'-0" to 5'-0" to continue the existing wall of the single-family dwelling unit for the construction of a 484 square -foot attached garage, located at 9238 Pitkin Street, 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. SECTION 5. This resolution is the result of an action taken by the Planning Commission on November 15, 2021, by the following vote: AYES: BERRY, LEUNG, LOPEZ, AND UNG 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 15th day of November, 2021. Jame".,Kerry, Chair E 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 November, 2021, by the following vote: AYES: BERRY, LEUNG, LOPEZ, AND UNG NOES: ABSTAIN: ABSENT: Mark Persico, Secretary APPROVE TO F M: �- Kane Thuyen, Planning Commission Attorney Burke, Williams & Sorensen, LLP ATTACHMENT "A" (PC RESOLUTION 21-18) MINOR EXCEPTION 21-02 9238 PITKIN STREET (APN: 8592-015-066) CONDITIONS OF APPROVAL NOVEMBER 15, 2021 Standard Conditions of Approvals Minor Exception 21-02 ("Project") is approved for a new 2,446 square -foot, two- story, single-family dwelling unit with a detached three -car garage at the rear of a lot where a legal, nonconforming single-family dwelling unit exists, and a 20% exception for the side yard setback from 6'-0" to 5-0" to continue the existing wall of the single-family dwelling unit for the construction of a 484 square -foot attached two -car garage, in accordance with the plans marked Exhibit "B", dated November 8, 2021. 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. on 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 and Safety Division, Planning Division, and Engineering Division shall have access to the project site at any time during construction to monitor progress. 15. All ground level mechanical/utility equipment (including meters, back flow prevention devices, fire valves, A/C condensers, furnaces, and other equipment) shall be located away from public view or adequately screened by landscaping or 7 screening walls so as not to be seen from the public right-of-way. 16. 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. 17. Violations of the conditions of approval may result in citation and/or initiation of -revocation proceedings. Project Specific Conditions of Approval 18. 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. 19. 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. 20. All mechanical and/or architectural features shall be painted to match the new single-family dwelling. In order to match the proposed single-family dwelling, the following improvements shall be completed to the existing nonconforming single- family dwelling unit: • Stucco and paint exterior walls • Paint fascia boards, gutters, downspouts, and window trims • Incorporate stone veneer at the base and entryway 21. All onsite conditions, such as landscaping and fencing, shall be improved to the satisfaction of the Planning Division. 22. If applicable, 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. Public Works Conditions of Approval 23. Copy all conditions of approval and the Planning decision letter onto all permit plan sets. 24. 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. 25. 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. 26. 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. 27. The required street improvements shall include those portions of roadways contiguous to the subject property and include: a. Reconstruct existing and construct new driveway approaches with current ADA bypass requirements per SPPWC, latest edition. 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/or off -grade curbs, gutters, ADA ramps, driveway approaches, and sidewalks. I