PC - Item 4B - 2440 Denton Avenue/PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: MARCH 2, 2009
SUBJECT: CONDITIONAL USE PERMIT 09-01
2440 DENTON AVENUE
SUMMARY
Howard Trieu has submitted an application for a Conditional Use Permit application,
requesting to construct a new two-story second residential unit, totaling approximately
732 square feet, located at 2440 Denton Avenue in the R-2 (Light Multiple Residential)
zone.
Environmental Determination
Section 15303(a) of the California Environmental Quality Act (CEQA) guidelines
exempts projects that consist of one single-family residence, or a second dwelling unit
in a residential zone. Accordingly, Conditional Use Permit 09-01 is classified as a Class
3 Categorical Exemption pursuant to Section 15303(a) of CEQA and therefore exempt
from further environmental analysis.
Municipal Code Requirements
Section 17.112.030 (30) of the Rosemead Municipal Code (RMC) allows second-story
and two-story second residential units in accordance with Section 17.30.040, upon the
granting of a Conditional Use Permit (CUP) by the Planning Commission. Rosemead
Municipal Code Section 17.112.010 sets the following-criteria that must be met:
That the Conditional Use Permit applied for is authorized by the provisions of this
title; and
That the granting of such Conditional Use Permit will not adversely affect the
established character of the surrounding neighborhood or be injurious to the
property or improvements in such vicinity and zone in which the property is
located; and
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• That the establishment, maintenance or conduct of the use for which the
conditional use permit is sought will not, under the particular case, be detrimental
to the health, safety, morals, comfort, convenience or welfare of persons residing
or working in the neighborhood; and
• Not be detrimental or injurious to the property and improvements in the
neighborhood or the general welfare of the city; and
In addition to the general findings required for the issuance of a Conditional Use Permit,
the Planning Commission, or on appeal, the City Council, shall find that each of the
following facts or conditions exist, prior to the issuance of a Conditional Use Permit for
the construction of a two-story or second story second residential unit:
• Unless modified by this section, meet all standards for one-story units listed in
this Section 17.30.030 above, except that setbacks shall be those applicable to
primary dwelling units of the residential district in which the lot is located; and
• Not have stairs that are visible from a street or shall have stairs that are screened
from view; and
• Not have its door visible from the street in single-family neighborhoods, and
generally shall not create an appearance out of character with the single-family
nature of the R-1 zone; and
• Have an upper story that is smaller than the lower story to decrease the bulk and
mass of the building and add architectural character. The square footage of the
upper story shall be at least 10% less than the lower story; and
• If a detached unit, be no higher than the primary unit; and
• If on an alley, may be allowed tandem parking within a garage as an option if
tandem parking will result in a unit that (a) faces the alley and (b) has a
garden or landscaped area facing the alley. This provision is intended to be
an incentive for making the ally an attractive living environment and a
secondary street; and
• Have its architectural character, design, style, massing, height, construction
materials, trim, and color in harmony with the primary unit and the
surrounding neighborhood; and
• Not cause excessive noise, traffic, parking or overloading of public facilities or
infringe upon the privacy of adjacent residences; and
0 Not invade privacy, cast excessive shade on adjacent properties or reduce
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light available for solar energy.
Staff Recommendation
Staff recommends that the Planning Commission APPROVE Conditional Use Permit
09-01 for a period of one (1) year and adopt Resolution 09-05, subject to conditions
outlined in Exhibit "B" attached hereto.
ANALYSIS
Property History and Description
The subject property is located at 2440 Denton Avenue within an R-2 (Light Multiple
Residential) zone, south of Garvey Avenue, between Strathmore Avenue and Kelburn
Avenue. The subject site consists of one (1) parcel, totaling approximately 8,962
square feet. According to Building and Safety Department records, the applicant was
issued a building permit on January 24, 2008, for the construction of a new single-family
home, totaling 2,489 square feet with an attached two-car garage. The building is
currently under construction, as shown on the photo below.
West Elevation
Site & Surrounding Land Uses
The General Plan designates the area where the site is located as Medium Density
Residential. The site is surrounded by the following land uses:
North:
General Plan: Medium Density Residential
Zoning: R-2 (Light Multiple Residential)
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March 2, 2009
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Land Use: Residential
South:
General Plan: Medium Density Residential
Zoning: R-2 (Light Multiple Residential)
Land Use: Residential
East:
General Plan: Medium Density Residential
Zoning: R-2 (Light Multiple Residential)
Land Use: Residential
West:
General Plan: Medium Density Residential
Zoning: R-2 (Light Multiple Residential)
Land Use: Residential
Administrative Analysis
The applicant is proposing to construct a new two-story second residential unit, totaling
approximately 732 square feet, in accordance with the City's "Second Unit Ordinance."
The ordinance is a result of State Assembly Bill 1866, which amended Government
Code Section 65852.2 by eliminating the authority to require a discretionary review for
single-story second residential units that meet specified requirements.
As shown on the site plan, the total living area for both units is 3,221 square feet,
resulting in a Floor Area Ratio (FAR) of 35.9%. Although the maximum FAR in the R-2
zone per Rosemead Municipal Code 17.20.130 is 35%, the applicant has submitted a
preliminary landscape plan with three (3) or more mature trees (defined as 24" box or
larger) to earn a one (1) percent design incentive, which results in additional FAR for the
subject site, up to a maximum of 36% under Section 17.20.230 of the Rosemead
Municipal Code (RMC). Staff has added a condition of approval, requiring that the
landscape plan must be approved by the Planning Division, prior to obtaining building
permits.
Development Standards
The subject site is zoned R-2 (Light Multiple Residential). For the two-story second
residential unit proposal, staff has verified that the main dwelling, which is currently
under construction, and the second residential unit will be in compliance with the
development standards of both the R-2 (Light Multiple Residential) zone standards and
the second residential unit standards, as indicated in the tables below:
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March 2, 2009
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Two-Story Single Family Residence (SFR) Under Construction
(Aooroved by the Plannino Division on 11119/07)
Zoning Setbacks
Required Setbacks .
Two Story SFR
Front Yard
20'-0"
20'-0"
Side Yard (1" Floor)
6'-0"
6'-0"-14'-0"
Side Yard (2nd Floor)
15'-0" combined (never
less than 5'-0"
6'-0"-14'-0"
Rear Yard
20'-0"
20'-0"
Building Height
30'-0"
26'-0"
Garage
2-car
3-car
Vehicle Back Up
25'-0"
29'-0"
Proposed Two-Story Second Residential Unit
Zoning Setbacks
Required Setbacks
Two-Story Second
Residential Unit
Front Yard
N/A
N/A
Side Yard (1s` Floor)
6'-0"
10'-6" - 12'-3"
Side Yard (2nd Floor)
15-0" combined (never
less than 5'-0"
10'-6" - 12'4"
Rear Yard
25'-0"
25'-0"
Building Height
No Higher than the
Prima Unit
22'-9"
Garage
2-car
2-car
Vehicle Back Up
25'-0"
41'-0"
Second Residential Unit Ordinance Requirements
Per the requirements of the Second Residential Unit Ordinance, a minimum of 400
square feet of usable outdoor living area, with a minimum dimension of fifteen (15) feet
in any direction and not including parking areas, driveways, front or rear setback areas,
or outdoor living area required for the primary residential unit of the lot is required. The
applicant has proposed to provide 410 square feet of usable outdoor living areas
between the main dwelling unit and the second residential unit. The second residential
unit ordinance also requires the second residential unit to have windows and doors
placed such that privacy of adjacent lots is not impinged. The applicant is proposing to
use numerous Carolina Laurel Cherry trees to screen the second residential unit from
the adjacent lots. Staff has added a condition that all windows located on the second-
floor shall be clere-story windows.
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The second residential unit ordinance requires that the second residential unit to have
its own entrance, but its entrance shall not be oriented to the street or otherwise change
the single-family appearance of the primary structure. The applicant is proposing to
locate the front entry directly facing the garage, which is attached to the main dwelling
unit. The second unit ordinance also requires that the second residential unit have an
upper story that is smaller than the lower story to decrease the bulk and mass of the
building and add architectural character. Furthermore, the square footage of the upper
story shall be at least ten percent less than the lower story. The project complies with
this requirement by proposing a second floor that is 2.2% greater than the first floor.
Floor Plan
This plan consists of 732 square feet of living area. The floor plan includes a living
room, a kitchen, a powder room, two (2) bedrooms, one (1) bathroom, and an attached
two-car garage.
Architecture
Staff has worked closely with the applicant to achieve a home design that will match the
main dwelling and compliment the neighborhood character. As shown on the
development plans, marked Exhibit "C," the applicant has proposed a contemporary
architectural design to match the main dwelling. The applicant is proposing colors and
materials to match the main dwelling.. The main body of the two-story second
residential unit will be a beige stucco color (La Habra Stucco - Pacific Sand). The eave
and trim will be finished in a darker beige stucco (La Habra Stucco - Alamo) and the
fascia will be painted white (Dunn Edwards - Swiss Coffee). A grayish brown stone
veneer (Cultured Stone - Quick Stack/Coastal Brown) will be applied to the base of the
second residential unit on the west elevation. The roofing material will be a concrete
roof tile (Eagle Roofing Product - Gray Brown Range).
Landscaping and Fencing
New landscaping is proposed for the entire lot. As indicated on the preliminary
landscape plan, included in "Exhibit C," a wide variety of plants materials will be used to
give an established appearance to the new construction. These plant materials include
a wide variety of drought tolerant trees, shrubs, vines and groundcovers. The proposed
materials include Incense Cedar, Evergreen Pear; Carolina Laurel Cherry, Redtip
Photinia, Variegated Mock Orange, Juniper, Iceberg Rose, India Hawthorn, New
Zealand Flax, French Lavender, Orange Daylily, Lily of the Nile, Ivy Geranium, Creeping
Fig, and Tall Fescue. To further ensure that the windows and doors of the two-story
second residential unit do not impinge on the privacy of adjacent lots, the applicant is
proposing to install numerous Carolina Laurel Cherry on the north, south and east
elevation. A condition of approval has been added to make sure that these trees are
planted.
The applicant is proposing to maintain the existing concrete block wall located along the
north, south and east elevation. New fencing is proposed on the west elevation. Staff
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has added a condition requiring that all fencing in the front yard shall not exceed four (4)
feet and all fencing in the side and rear yards shall not exceed six (6) feet.
Neighborhood Character
This is the only second residential unit in this residential neighborhood. Staff has
worked closely with the applicant or project proponent in designing a two-story second
residential unit that will not impinge on adjacent properties. Staff feels that the addition
of this second residential unit will improve the overall aesthetics of the neighborhood, as
well as, increase the property values. Staff has also included numerous conditions of
approval to address design details of the two-story second residential unit.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300' property owner public hearing notice, and postings of the notice at the
five (5) public locations and on the subject site.
Prepared by:
Lily Tfinhh
Assistant Planner
Submitted by:
~~~2vvrt.?-~Q
Sheri Bermejo 0
Principal Planner
Attachments: A. Resolution 09-05
B. Conditions of Approval
C. Site/Floor/Elevation Plans/Landscaping Plans
D. Assessor's Parcel Map (5284-024-031)
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March 2, 2009
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EXHIBIT "A"
RESOLUTION 09-05
A. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 09-01, REQUESTING TO
CONSTRUCT A NEW TWO-STORY SECOND RESIDENTIAL UNIT,
TOTALING APPROXIMATELY 732 SQUARE FEET, LOCATED AT 2440
DENTON AVENUE IN THE R-2 (LIGHT MULTIPLE RESIDENTIAL)
ZONE. (APN 5284-024-031)
WHEREAS, on February 17, 2009
construction of a new two-story second
square feet.
, Howard Trieu filed an application for the
residential unit, totaling approximately 732
WHEREAS, this property at 2440 Denton Avenue is located in the R-2 (Light
Multiple Residential) zone; and
WHEREAS, Section 17.112.030 (30) of the Rosemead Municipal Code (RMC)
allows second-story and two-story second residential units in accordance with Section
17.30.040 of this code, upon the granting of a Conditional Use Permit (CUP). Section
17.112.010 sets criteria required for granting such a permit. These criteria require that
the proposed use is deemed:
The establishment, maintenance, and operation of the proposed use so applied
for will not, under the circumstances of the particular case, be detrimental to the
health, safety, peace, morals, comfort or general welfare of persons residing or
working in the neighborhood thereof, not be detrimental or injurious to the
property and improvements in the neighborhood or to the general welfare of the
city.
WHEREAS, Section 17.30.040 provides additional findings for granting a
second-story or two-story second residential unit:
• Unless modified by this section, meet all standards for one-story units listed in
this Section 17.30.030 above, except that setbacks shall be those applicable to
primary dwelling units of the residential district in which the lot is located; and
• Not have stairs that are visible from a street or shall have stairs that are screened
from view; and
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• Not have its door visible from the street in single-family neighborhoods, and
generally shall not create an appearance out of character with the single-family
nature of the R-1 zone; and
• Have an upper story that is smaller than the lower story to decrease the bulk and
mass of the building and add architectural character. The square footage of the
upper story shall be at least 10% less than the lower story; and
• If a detached unit, be no higher than the primary unit; and
• If on an alley, may be allowed tandem parking within a garage as an option if
tandem parking will result in a unit that (a) faces the alley and (b) has a
garden or landscaped area facing the alley. This provision is intended to be
an incentive for making the ally an attractive living environment and a
secondary street; and
• Have its architectural character, design, style, massing, height, construction
materials, trim, and color in harmony with the primary unit and the
surrounding neighborhood; and
• Not cause excessive noise, traffic, parking or overloading of public facilities or
infringe upon the privacy of adjacent residences; and
• Not invade privacy, cast excessive shade on adjacent properties or reduce
light available for solar energy.
• Unless modified by this section, meet all standards for one-story units listed in
this Section 17.30.030 above, except that setbacks shall be those applicable to
primary dwelling units of the residential district in which the lot is located; and
• Not have stairs that are visible from a street or shall have stairs that are screened
from view; and
Not have its door visible from the street in single-family neighborhoods, and
generally shall not create an appearance out of character with the single-family
nature of the R-1 zone; and
• Have an upper story that is smaller than the lower story to decrease the bulk and
mass of the building and add architectural character. The square footage of the
upper story shall be at least 10% less than the lower story; and
• If a detached unit, be no higher than the primary unit; and
0 If on an alley, may be allowed tandem parking within a garage as an option if
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March 2, 2009
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tandem parking will result in a unit that (a) faces the alley and (b) has a
garden or landscaped area facing the alley. This provision is intended to be
an incentive for making the ally an attractive living environment and a
secondary street; and
• Have its architectural character, design, style, massing, height, construction
materials, trim, and color in harmony with the primary unit and the
surrounding neighborhood; and
• Not cause excessive noise, traffic, parking or overloading of public facilities or
infringe upon the privacy of adjacent residences; and
• Not invade privacy, cast excessive shade on adjacent properties or reduce
light available for solar energy.
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.112.010 of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve or deny conditional use permits; and
WHEREAS, on February 19, 2009, sixty-six (66) notices were sent to property
owners within a 300-foot radius from the subject property, in addition to notices posted
in five (5) public locations and on-site, specifying the availability of the application, plus
the date, time and location of the public hearing for Conditional Use Permit 09-01; and
WHEREAS, on March 2, 2009, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional
Use Permit 09-01; 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
Conditional Use Permit 09-01 is Categorically Exempt from environmental review as a
Class 3 Exemption pursuant to Section 15303 (a) of the California Environmental
Quality Act (CEQA).
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 09-01 according to the
Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows:
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A. The Conditional Use Permit applied for is authorized by the provisions of this
title and that the granting of such conditional use permits will not adversely affect the
established character of the surrounding neighborhood or be injurious to the property or
improvements in such vicinity and zone in which the property is located.
FINDING: Staff finds this request to be consistent with land uses in the general
area with no foreseeable negative impacts to the adjacent neighborhood. The large
size and depth of the subject lot would allow the lot to be developed with a single-family
residence and a two-story second residential unit without creating detrimental visual or
privacy impacts to the adjacent properties. The applicant has taken appropriate
measures to ensure that the two-story second residential unit will not impinge on the
privacy of adjacent lots by proposing to install numerous Carolina Laurel Cherry on the
north. south and east elevation.
B. The establishment, maintenance or conduct of the use for which the
conditional use permit is sought will not, under the particular case, be detrimental to the
health, safety, morals, comfort, convenience or welfare of persons. residing or working in
the neighborhood.
FINDING: The site is designated in the General Plan as Medium Density
Residential. The proposed use is in conformity with the General Plan, in that the
policies of the General Plan encourage complementary uses that will not be in conflict
with established neighborhood districts. On the zoning map, it is designated as R-2
(Light Multiple Residential), which permits the construction of a two-story second
residential unit with approval of a Conditional Use Permit. The two-story second
residential unit is being built within the adopted development standards of the R-2 (Light
Multiple Residential) zone and Section 17.30.040 of the Rosemead Municipal Code
(RMC). Therefore, the project is not anticipated to be detrimental to the health, safety,
morals, comfort, convenience or welfare of persons residing or working in the
neighborhood.
C. The establishment, maintenance, and operation of the proposed use so
applied for will not, under the circumstances of the particular case will not be detrimental
or injurious to the general welfare of the City.
FINDING: Staff has worked closely with the designer in designing a two-story
second residential unit that will not impinge on adjacent properties. Staff feels that the
addition of this two-story second residential unit will improve the overall aesthetics of the
neighborhood, as well as, increase the property values and will not create negative
impacts to the general welfare of the City. Staff has also included numerous conditions
of approval to address design details of the two-story second residential unit.
D. The two-story second residential unit shall meet all standards for one-story
units listed in Section 17.30.030 of the Rosemead Municipal Code, except that setbacks
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shall be those applicable to primary dwelling units of the residential district in which the
lot is located.
FINDING: Staff has verified that the proposed two-story second'residential unit
meets all the standards listed in Section 17.30.030 of the Rosemead Municipal Code.
E. The two-story second residential unit shall not have stairs that are visible from
a street or shall have stairs that are screen from view.
FINDING: The staircase of the two-story second residential unit is. proposed on
the interior of the dwelling unit. Therefore, it is not visible from the street.
E. The two-story second residential unit shall not have its door visible from the
street in single-family neighborhoods, and generally shall not create an appearance out
of character with the single-family nature of the R-1 zone.
FINDING: The applicant is proposing to locate the front entry directly facing the
garage.
F. The two-story second residential unit shall have an upper story that is smaller
than the lower story to decrease the bulk and mass of the building and add architectural
character. The square footage of the upper story shall be at least 10% less than the
lower story.
FINDING: The second floor of the proposed second residential unit is 2.2%
greater in size than the first floor.
G. The two-story second residential unit, if detached, shall be no higher than the
primary unit.
FINDING: The building height of the primary unit is 26'-0". The height of the
two-story second residential unit is proposed at 22'-9".
H. The two-story second residential unit, if on an alley, may be allowed a tandem
parking with a garage as an option if parking will rrrsult in a unit that (a) faces the alley
and (b) has a garden or landscaped area facing the alley. This provision is intended to
be an incentive for making the ally an attractive living environment and a secondary
street.
FINDING: The proposed two-story second residential unit is not located on an
alley.
1. The two-story second residential unit shall have its architectural character,
design, style, massing, height, construction materials, trim, and color in harmony with
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March 2, 2009
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the primary unit and the surrounding neighborhood
FINDING: The applicant has proposed a contemporary architectural design to
match the main dwelling unit. The applicant is also proposing colors, type and materials
to match the main dwelling. The main body of the two-story second residential unit will
be a beige stucco color (La Habra Stucco - Pacific Sand). The eave and trim will be
finished in a darker beige stucco (La Habra Stucco - Alamo) and the fascia will be
painted white (Dunn Edwards - Swiss Coffee). A grayish brown stone veneer (Cultured
Stone - Quick Stack/Coastal Brown) will be applied to the base of the second
residential unit on the west elevation. The roofing material will be a concrete roof tile
(Eagle Roofing Product - Gray Brown Range).
J. Not cause excessive noise, traffic, parking or overloading of public facilities or
infringe upon the privacy of adjacent residences.
FINDING: Staff has worked closely with the applicant or project proponent in
designing a two-story second residential unit that will not impinge on adjacent
properties. Staff has also included numerous conditions of approval to address these
issues.
K. Not invade privacy, cast excessive shade on adjacent properties or reduce
light available for solar energy.
FINDING: Staff has worked closely with the applicant or project proponent in
designing a two-story second residential unit that will not impinge on adjacent
properties. The applicant is proposing to install numerous Carolina Laurel Cherry on
the north, south and east elevation of the second residential unit to ensure that the
privacy of adjacent lots will not be impinged. Staff has also added a condition of
approval requiring that all second-story windows shall be clere-story windows.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 09-01, to allow the construction of a new two-story second residential unit,
located at 2440 Denton Avenue, subject to conditions listed in Exhibit "B" attached
hereto and incorporated herein by reference.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on March 2, 2009, by the following vote:
YES:
NO:
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.
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PASSED, APPROVED and ADOPTED this 2"d day of March, 2009.
Daniel Lopez, Chairman
CERTIFICA
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 2nd day of March,
2009, by the following vote:
YES:
NO:
ABSTAIN:
ABSENT:
Sheri Bermejo, Secretary
Planning Commission Meeting
March 2, 2009
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EXHIBIT "B"
CONDITIONAL USE PERMIT 09-01
(APN: 5284-024-031)
CONDITIONS OF APPROVAL
March 2, 2009
1. Conditional Use Permit 09-01 is approved for the construction of a new two-story
second residential unit, to be developed in accordance with the plans marked
Exhibit "C" dated February 17, 2009, and submitted colored elevations and color
.and material sample boards. Any revisions to the approved plans must be
resubmitted for review and approval by the Planning Division.
2. Approval of Conditional Use Permit 09-01 shall not take effect for any purpose
until the applicant has filed with the City of Rosemead 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.
3. Conditional Use Permit 09-01 is approved for a period of one (1) year from the
Planning Commission approval date. The applicant shall initiate the proposed
use, or request an extension within 30-calendar days before expiration of the
initial one (1) year approval period. Otherwise, Conditional Use Permit 09-01
shall become null and void.
4. The Planning Commission hereby authorizes the Planning Division to make or
approve minor modifications to the approved Plans where necessary.
5. Conditional Use Permit 09-01 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, 3 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 this Conditional Use Permit 09-01.
6. The applicant 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
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March 2, 2009
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concerning the project, which action is brought within the time period provided by
law.
7. All conditions of approval must be complied with to the satisfaction of the
Planning Division, prior to final inspection.
8. The conditions listed on this exhibit shall be copied directly onto any
development plans subsequently submitted to the Planning and Building
departments for review.
9. The applicant 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.
10. Construction activities shall be limited to take place between the hours of 7:00
a:m. and 8:00 p.m., Monday through Saturday. No construction shall take place
on Sundays or any legal holidays.
11.The onsite public hearing notice posting shall be removed within 30 days from
the end of the 10-day appeal period of Conditional Use Permit 09-01.
12. 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.
13. Prior to issuance of building permits, all school fees shall be paid. The applicant
shall provide the City with written verification of compliance from the School
District.
14. Planning staff shall have access to the subject property at any time during
construction to monitor progress.
15. Occupancy will not be granted until all improvements required by this approval
have been completed, inspected, and approved by the appropriate
department(s).
16. Driveways and parking areas shall be surfaced and improved with 4 inches of
asphalt concrete over 4 inch-base material crushed aggregate or 6 inches of
concrete, the layout shall be as shown on Exhibit "C"; and thereafter maintained
in good serviceable condition.
17.All ground level mechanical/utility equipment (including meters, back flow
preservation devices, fire valves, A/C 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.
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March 2, 2009
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Said screening shall be approved by the Planning Division before installation.
18. No portion of any required front and/or side yards shall be used for storage of
any type.
19. There shall be no outside storage of vehicle parts, equipment or trailers. All trash
and debris shall be contained within a trash enclosure.
20.All roof top appurtenances and equipment shall adequately be screened from
view to the satisfaction of the Planning Division.
21.The numbers of the address signs shall be at least 6" tall with a minimum
character width of 1/4", 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 City Planner or his/her designee prior to installation.
22.Applicant shall obtain an encroachment permit for all work in the public right of
way.
23.Applicant shall install and complete all necessary public improvements, including
but not limited to street, curbs, gutters, sidewalks, handicap ramps, and storm
drains, along the entire street frontage of the development site as required by the
Planning Division.
24.The dwelling unit shall be provided with water conservation fixtures such as low
flush toilets and low flow faucets. The hot water heater and lines shall be
insulated. Landscaping irrigation systems shall be designed for high efficiency
and irrigation timers programmed for maximized water usage.
25.AII requirements of the Building and Safety Department and Planning Division
shall be complied with prior to the final approval of the proposed construction.
26. Prior to issuance of Building permits, a final landscape and irrigation plan shall be
submitted and approved by the Planning Division, reflecting preliminary approval
of landscape/site plan, commonly referred To as Exhibit "C," to satisfy the
requirements of Rosemead Municipal Code Section 17.20.230, R-2 Residential
Design Incentives. The landscape plan shall include a wide variety colorful and
drought tolerant trees, shrubs, flowers and ground covers. The irrigation plan
shall include automatic timers and moisture sensors. All landscaping and
irrigation shall be installed and completed prior to final Planning Division
approval.
27.A minimum of two (2) 24" box trees shall be installed in the front yard and one (1)
24" box tree shall be installed in the side yard of the two-story second residential
Planning Commission Meeting
March 2, 2009
Page 18 of 19
unit, to satisfy the requirements of Rosemead Municipal Code Section 17.20.230,
R-2 Residential Design Incentives.
28.The applicant shall install a minimum of thirty (30) Carolina Laurel Cherry trees
on the north, south and east elevation of the two-story second residential unit.
29. No fence, wall or hedge located in the rear or side yards shall exceed a height of
six feet and no fence, wall or hedge located in the front yard shall exceed a
height of four feet.
30. Vine pockets shall be installed throughout the front yard areas of the entire
development to soften the appearance of walls.
31.The two-story second residential unit shall meet all the requirements set forth in
Section 17.30.040 of the Rosemead Municipal Code.
32.The windows and doors of the two-story second residential unit shall be placed
such that privacy of adjacent lots is not impinged; windows shall be above eye
level, shall face toward the existing primary residence or street, or shall be
screened from view from adjacent lots.
33. All second floor windows shall be clere-story windows.
34. The two-story second residential unit shall match the primary unit in materials,
colors, types of windows, doors, trim, proportions, amount of overhang,
architectural embellishments, roof shape, and quality.
35.A recorded covenant shall be provided prior to occupancy of the second unit
providing such notice and further providing that the second residential unit shall
be a legal unit only so long as either the main dwelling unit or the second unit is
occupied by the owner of record of the property and providing this restriction
shall be binding upon on any successor in ownership of the property.
36.Violation of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Planning Commission Meeting
March 2, 2009
Page 19 of 19
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