PC - 2023-07- Approving ME 23-09, Construct a 2,341 Sq Ft Single-Family Dwelling Unit with an attached, 430 Sq Ft, two-car Garage on a parcel with 916 Sq Ftn rN
PC RESOLUTION 23-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MINOR EXCEPTION 23-09, PERMITTING A NEW 2,341
SQUARE -FOOT, TWO-STORY SINGLE-FAMILY DWELLING WITH AN
ATTACHED, TWO -CAR GARAGE AT THE REAR OF A LOT WHERE A
LEGAL NONCONFORMING SINGLE-FAMILY DWELLING EXISTS, THE
ENLARGEMENT OF THE LEGAL NONCONFORMING SINGLE-FAMILY
DWELLING WITH A NEW ATTACHED, 220 SQUARE -FOOT, ONE -CAR
GARAGE, AND THE CONSTRUCTION OF A NEW 260 SQUARE -FOOT,
ONE -CAR GARAGE ATTACHED TO THE ACCESSORY DWELLING
UNIT (ADU) AT 2722 EARLE AVENUE (APN: 5283-003-013), IN A LIGHT
MULTIPLE RESIDENTIAL (R-2) ZONE.
WHEREAS, on June 27, 2023, Jiaxing Chen submitted a Minor Exception
application, requesting approval for the construction of a new 2,341 square -foot, two-story
single-family dwelling with an attached, two -car garage at the rear of a lot where a legal
nonconforming single-family dwelling exists, the enlargement of the legal nonconforming
single-family dwelling with a new attached, 220 square -foot, one -car garage, and the
construction of a new 260 square -foot, one -car garage attached to the ADU at 2722 Earle
Avenue;
WHEREAS, 2722 Earle Avenue is located in a Light Multiple Residential (R-2)
zone;
WHEREAS, Section 17.142.020(6)(1) of the Rosemead Municipal Code
authorizes the Planning Commission to grant a Minor Exception application for new
structures constructed on a lot where nonconforming structures exist and for the
enlargement of an existing legal nonconforming structure;
WHEREAS, Section 17.142.020(6)(2) of the Rosemead Municipal Code provides
the criteria for a Minor Exception before the Planning Commission;
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.142.020(6)(2) of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve, or deny Minor Exception applications;
WHEREAS, on November 23, 2023, 62 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
Minor Exception 23-09;
WHEREAS, on December 4, 2023, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Minor
Exception 23-09; 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 23-09 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 23-09, 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 proposed
development would not create any hazards or safety problems with the existing structure.
The applicant is proposing to construct a new 2,341 square -foot, two-story single-family
dwelling with an attached, two -car garage.
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 at the front to match the new single-family dwelling
at the rear. Improvements to the existing single-family dwelling include a new roof and an
exterior fagade renovation to match the colors, materials, and architectural style of the
proposed single-family dwelling. A condition has also been added that the existing, legal
nonconforming single-family dwelling unit will be improved to match the proposed single-
family dwelling unit.
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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 contains a substandard side yard setback along the north property line. There
are no other nonconforming development standards on the property.
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.
E. 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, 220 square -foot, one -car garage will not
exceed the square footage of the existing single-family dwelling unit, which is 916 square
feet. In addition, the proposed garage will not encroach into the nonconforming setback
along the north property line.
F. 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 single-family dwelling and garages will meet all
development standards in the Light Multiple Residential (R-2) zone.
G. The minor exception shall be in compliance with all Building and Safety
requirements.
FINDING: The proposed single-family dwelling with an attached, two -car garage
and two one -car garages will comply with Building and Safety requirements once
construction drawings are received and approved by the Building and Safety Division.
H. 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.
I. The expansion area shall be defined by the extension of two or more
existing exterior walls.
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FINDING: The proposed expansion area would extend from the existing walls on
the north, east, and south sides of the existing single-family dwelling.
SECTION 3. The Planning Commission HEREBY APPROVES Minor Exception
23-09 for the construction of a new 2,341 square -foot, two-story single-family dwelling
with an attached, two -car garage at the rear of a lot where a legal nonconforming single-
family dwelling exists, a new 220 square -foot, one -car garage attached to the existing,
nonconforming single-family dwelling, and a new 260 square -foot garage attached to the
ADU at 2722 Earle Avenue, 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 December 4, 2023, by the following vote:
AYES:
BERRY, ESCOBAR, LOPEZ, AND UNG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
TANG
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 4th- day of De ber 2023.
s Berry, Chair
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 4th day of
December 2023, by the following vote:
AYES:
BERRY, ESCOBAR, LOPEZ, AND UNG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
TANG
APPROVED AS TO FORM:
Stan Wong, Secretary
(;0'aYlc.t "
Stepfianib Gutierrez, Pqnning Cohinission Attorney
Burke, Williams & Sorensen, LLP
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