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PC – 2023-06 – Approving Tentative Parcel Map 84156, For the Subdivision of One Parcel Into Two Parcels. The Project Site is Located at 3901 Delta Ave (APN: 5371-005-022), in a Single-Family Residential (R-1) ZonePC RESOLUTION 23-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 84156, FOR THE SUBDIVISION OF ONE PARCEL INTO TWO PARCELS. THE PROJECT SITE IS LOCATED AT 3901 DELTA AVENUE (APN: 5371-005-022), IN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE. WHEREAS, on June 20, 2023, Kiet Tran submitted a Tentative Parcel Map application, requesting to subdivide one parcel into two parcels at 3901 Delta Avenue; WHEREAS, 3901 Delta Avenue is located in a Single -Family Residential (R-1) 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 October 26, 2023, 70 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 at six public locations and onsite, specifying the availability of the application, and the date, time, and location of the public hearing for Tentative Parcel Map 84156; WHEREAS, on November 6, 2023, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Tentative Parcel Map 84156; 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 84156 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 1 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 84156, 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 designated Low Density Residential in the General Plan and zoned Single -Family Residential (R-1) on the zoning map. 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 Single -Family Residential (R-1) 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 10,238.78 square feet and Parcel 2 will be 10,238.72 square feet, each with a lot width of 52.50 feet. The project will be processed in compliance with the Subdivision Map Act. 2 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 FINDING: Access to the two proposed parcels would continue to be via Delta Avenue. 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 84156 for the subdivision of one parcel into two parcels, located at 3901 Delta 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 November 6, 2023, by the following vote: AYES: ESCOBAR, LOPEZ, TANG, AND UNG NOES: NONE ABSTAIN: NONE ABSENT: BERRY 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 6th daypf November James 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 6th day of November 2023, by the following vote: AYES: ESCOBAR, LOPEZ, TANG NOES: NONE ABSTAIN: NONE ABSENT: BERRY D AS TO FORM: AND UNG tan Wong, Secretary 3 Commission Attorney LLP rd ATTACHMENT"A" (PC RESOLUTION 23-06) TENTATIVE PARCEL MAP 84156 3901 DELTA AVENUE (APN: 5371-005-022) CONDITIONS OF APPROVAL NOVEMBER 6, 2023 Standard Conditions of Approval Tentative Parcel Map 84156 ("Project') is approved for the subdivision of one parcel into two parcels at 3901 Delta Avenue, in accordance with the Tentative Parcel Map marked Exhibit "B", dated October 17, 2023. 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. 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. 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 future projects 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 Building Division, Planning Division, and Engineering Division shall have access to the project site at any time during construction to monitor progress. 12. 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. 13. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Project Specific Conditions of Approval 14. 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. 0 15. 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. 16. The site shall be maintained in a graffiti -free state. 17. 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. 18. 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 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. 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. 20. The project shall comply with the City's Oak Tree Preservation Ordinance should any preserved oak tree(s) be identified on site during the site plan and design review process (Added by the Planning Commission on November 6, 2023). Public Works/Engineering Conditions of Approval 21. The second sheet of building plans, grading plans and/or offsite improvement plans is to list all conditions of approval and to include a copy of the Planning Commission Decision letter. This information shall be incorporated into the plans prior to the first submittal for plan check. 22. Separate permit shall first be obtained from the City Public Works Department prior to placement of any construction materials or equipment in the public way. 23. 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. 24. 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. Rehabilitation includes existing and new traffic control devices including but not limited to pavement markers, striping, and markings to the satisfaction of the City Engineer. All striping and markings shall be a minimum of two coats of thermoplastic paint. 25. Reconstruct 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 drain shall encroach to the frontage of the adjacent property. 26. Remove and replace broken and off grade sidewalk along the length of the property frontage in accordance with SPPWC Standard Plan 113-2, and as directed by the City Engineer and/or his/her designee. 27. As part of the improvement plans, the applicant shall provide irrigation for the planting strip in the public right of way adjacent to the site. 28. Remove and replace broken and off grade curb and gutter in accordance with SPPWC Standard Plan 120-2, and as directed by the City Engineer or his/her designee. 29. All power, telephone, cable television, and all utilities to the project and adjacent to the project shall be installed and relocated underground. 30. Any utilities that conflict with the development shall be relocated at the developer's expense. 31. Water hydrant, water meter box and utilities box shall be located 8 feet away from parkway trees and 3 feet away from driveway approach. Relocate the existing hydrant along the west side of Delta Ave since it is within 3 feet of adjacent driveway. 32. Prior to final of the building permit(s), inspection is required by the Publics Works inspector. 33. A final parcel map prepared by or under the direction of a registered civil engineer or licensed land surveyor shall be submitted to and approved by the City prior to being filed with the Los Angeles County Recorder. q 34. Public Works approval shall not be granted for permit issuance until the final map has been prepared to the satisfaction of the Building Official and or City Engineer. 35. A soils report is required. Building and Safety Division Conditions of Approval 36. Plans prepared in compliance with the current Codes shall be submitted to Building Division for review prior permit issuance. 37. The second sheet of building plans is to list all conditions of approval and to include a copy of the Planning Commission Decision letter. This information shall be incorporated into the plans prior to the first submittal for plan check. 38. School Developmental Fees shall be paid to School District prior to the issuance of the building permit. 39. Fees shall be paid to the County of Los Angeles Sanitation District prior to issuance of the building permit. 40. In accordance with paragraph 5538(b) of the California Business and Professions Code, plans are to be prepared and stamped by a licensed architect. 41. Structural calculations prepared under the direction of an architect, civil engineer or structural engineer shall be provided. 42. A geotechnical and soils investigation report is required, the duties of the soils engineer of record, as indicated on the first sheet of the approved plans, shall include the following: a) Observation of cleared areas and benches prepared to receive fill; b) Observation of the removal of all unsuitable soils and other materials; c) The approval of soils to be used as fill material; d) Inspection of compaction and placement of fill; e) The testing of compacted fills; and f) The inspection of review of drainage devices. 43. The owner shall retain the soils engineer preparing the Preliminary Soils and/or Geotechnical Investigation accepted by the City for observation of all grading, site preparation, and compaction testing. Observation and testing shall not be performed by another soils and/or geotechnical engineer unless the subsequent soils and/or geotechnical engineer submits and has accepted by the Public Works Department, a new Preliminary Soils and/or Geotechnical Investigation. 44. A grading and drainage plan shall be submitted and plans shall be approved prior to issuance of the building permit. The grading and drainage plan shall indicate M how all storm drainage including contributory drainage from adjacent lots is carried to the public way or drainage structure approved to receive storm water. 45. Prior submitting grading plans to Building Department LID review shall be completed and approved through Engineering/Public Works Department. 46. The property shall be surveyed, and the boundaries shall be marked by a land surveyor licensed by the State of California. 47. Foundation inspection will not be made until the excavation has been surveyed and the depth of the footings has been determined to be in accordance with the approved plans by a land surveyor licensed by the State of California. THIS NOTE IS TO BE PLACED ON THE FOUNDATION PLAN IN A PROMINENT LOCATION. 48. Project shall comply with the CalGreen Residential mandatory requirements. 49. Demolition permit is required for any existing buildings which are to be demolished. 50. Fire -resistance rating requirements for exterior walls and Maximum area of exterior wall openings and degree of open protection based on fire separation distance 0 feet to 3 feet, dwellings and accessory buildings with automatic residential fire sprinkler protection shall comply with Table R302.1(2) 51. All fire sprinkler hangers must be designed, and their location approved by an engineer or an architect. Calculations must be provided indicating that the hangers are designed to carry the tributary weight of the water filled pipe plus a 250 -pound point load. A plan indication this information must be stamped by the engineer or the architect and submitted for approval prior to issuance of the building permit. 52. Separate permit is required for Fire Sprinklers. 53. Permits shall not be issued until the final map has been prepared to the satisfaction of the Building Official. Los Angeles County Fire Department Conditions of Approval Final Map Requirements 54. 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. 55. The Private Driveways proposed for access throughout the two Parcels shall be labeled as "Private Driveway" on the Final Map. The portion of the private driveway intended for fire apparatus access shall be identified as "Fire Lane" on the Final 10 Map. All widths and dimensions shall be clearly delineated with a reciprocal access agreement is required for all private driveways. 56. The Final Map shall be submitted to the Los Angeles County Fire Department for review and approval prior recordation. 11