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PC - 2024-06 – Approve Minor Exception 23-14, Permit a 2,114 Sq Ft, Two Story, Single-Family Dwell Unit w/ An Attached Two Car Garage at the Front of a Lot Where a Legal, Nonconforming Single-Family Dwell Unit Exists, at 3322 Rockhold AvePC RESOLUTION 24-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MINOR EXCEPTION 23-14, PERMITTING A NEW 2,114 SQUARE -FOOT, TWO-STORY, SINGLE-FAMILY DWELLING UNIT WITH AN ATTACHED TWO -CAR GARAGE AT THE FRONT OF A LOT WHERE A LEGAL, NONCONFORMING SINGLE-FAMILY DWELLING UNIT EXISTS, AND TO REVERT A PERMITTED BONUS ROOM BACK TO ITS ORIGINAL USE AS A TWO -CAR GARAGE FOR THE EXISTING SINGLE-FAMILY DWELLING, LOCATED AT 3322 ROCKHOLD AVENUE (APN: 5288-016-007), IN A LIGHT MULTIPLE RESIDENTIAL (R-2) ZONE. WHEREAS, on November 1, 2023, James Ming Feng submitted a Minor Exception application, requesting approval to construct a new 2,114 square -foot, two-story, single- family dwelling unit with an attached two -car garage at the front of a lot where a legal, nonconforming single-family dwelling unit exists, and to revert a permitted bonus room back to its original use as a two -car garage for the existing nonconforming, single-family dwelling unit, located at 3322 Rockhold Avenue; WHEREAS, 3322 Rockhold Avenue is located in a Light Multiple Residential (R- 2) 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 June 6, 2024, thirty-three (33) 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 23-14; and WHEREAS, on June 17, 2024, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Minor Exception 23-14; 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 23-14 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 23-14, in accordance with Sections 17.142.020(B)(2) and 17.142.020(A)(1)(a) of the Rosemead Municipal Code as follows: FINDING 1: 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; FACT: 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 2,114 two-story single-family dwelling unit with an attached two -car garage, which would meet all Building and Safety requirements. FINDING 2: The proposal includes the necessary work to maintain or improve the aesthetic appearance or architectural viability of the existing nonconforming structures onsite; FACT: The applicant has proposed to renovate the exterior of the existing nonconforming single-family dwelling unit and detached garage to match the new single- family dwelling unit at the front. Improvements to the existing single-family dwelling unit include an exterior fagade renovation to match the colors, materials, and architectural style of the proposed single-family dwelling unit. A condition has been incorporated to require that the existing, legal nonconforming single-family dwelling unit and detached garage to be improved to match the proposed single-family dwelling unit. FINDING 3: 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; FACT: Staff has confirmed that the existing legal nonconforming single-family dwelling unit contains substandard side yard and rear yard setbacks along the north and east property lines. There are no other nonconforming development standards on the property. FINDING 4: The existing nonconforming residential accessory structure(s) proposed to remain onsite are solely nonconforming due to driveway width, turning radius, minimum stall size, setbacks, or landscaping; FACT: The permitted attached patio at the rear of the existing nonconforming single-family dwelling unit is nonconforming solely due to the rear yard setback. There are no other nonconforming residential accessory structures proposed to remain on the property. SECTION 3. The Planning Commission HEREBY APPROVES Minor Exception 23-14 for a new 2,114, two-story, square -foot single-family dwelling unit with an attached two -car garage at the front of a lot where a legal, nonconforming single-family dwelling unit exists, and to revert a permitted bonus room back to its original use as a two -car garage for the existing single-family dwelling, located at 3322 Rockhold 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 June 17, 2024, by the following vote: AYES: ESCOBAR, LOPEZ, AND UNG NOES: NONE ABSTAIN: NONE ABSENT: BERRY AND 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 17th day of June, 2024. &�Vo i Emma Escobar, Vice -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 17th day of June, 2024, by the following vote: AYES: ESCOBAR, LOPEZ, AND UNG NOES: NONE ABSTAIN: NONE ABSENT: BERRY AND TANG --g'a Lily alenzuela, Secretary APPROVED AS TO FORM: d'1" � a z tephanie Gutie rez ing Commissi rney Burke, Williams & Sorensen, LLP ATTACHMENT"A" (PC RESOLUTION 24-06) MINOR EXCEPTION 23-14 3322 ROCKHOLD AVENUE (APN: 5288-016-007) CONDITIONS OF APPROVAL JUNE 17, 2024 Standard Conditions of Approvals 1. Minor Exception 23-14 ('Project') is approved for a new 2,114 square -foot, two- story, single-family dwelling unit with an attached two -car garage at the front of a lot where a legal, nonconforming single-family dwelling unit exists, and to revert a permitted bonus room back to its original use as a two -car garage for the existing single-family dwelling in accordance with the plans marked Exhibit "B", dated June 5, 2024. 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. 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 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. The existing single-family dwelling unit shall be improved to match the proposed single-family dwelling unit in terms of colors, materials, and architectural style. All mechanical and/or architectural features shall be painted to match the single-family dwelling units. 21. All onsite conditions, such as landscaping and fencing, shall be improved to the satisfaction of the Planning Division. A fence permit application shall be submitted to the Planning Division for review and approval prior to the installation of any fence, wall, gate, etc. All fencing shall incorporate decorative elements. 22. 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. Building & Safety Conditions of Approval 23. 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. 24. Plans prepared in compliance with the current Building Code shall be submitted to Building Division for review prior permit issuance. 25. School Developmental Fees shall be paid to School District prior to the issuance of the building permit. 26. Fees shall be paid to the County of Los Angeles Sanitation District prior to issuance of the building permit. 27. The building shall be addressed as 3320 Rockhold Ave and the address of the existing house to remain 3322 Rockhold, an application to assign unit numbers shall be filed with the City prior to plan check submittal. 28. In accordance with paragraph 5538(b) of the California Business and Professions Code, plans are to be prepared and stamped by a licensed architect. 29. Structural calculations prepared under the direction of an architect, civil engineer or structural engineer shall be provided. 30. Each sheet of the plans shall be stamped and signed by a California licensed architect or engineer per R301.1.3.2 as adopted and amended by the City, for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2 or E. 31. A grading and drainage plan shall be approved prior to issuance of the building permit. The grading and drainage plan shall indicate how all storm drainage including contributory drainage from adjacent lots is carried to the public way or drainage structure approved to receive storm water. 32. Stormwater Planning Program LID Plan Checklist (MS4-1 FORM) completed by Engineer of Record shall be copied on the first sheet of Building Plans and on the first sheet of Grading Plans. When applicable per the LID plan checklist, LID plan shall be approved through the Engineering Division prior submitting grading plans for review. The form can be found at the following link https://www. dropbox.com/sel/fi/m8s 1 r2584cb6fwstigvl b/Rosemead-MS4-1 -LID- Determination-Form. pdf?rlkey=twd265f61ckgenmk4s1 g hm6ap&d1=0 33. Foundation inspection will not be made until the excavation has been surveyed and the setbacks 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. 34. Project shall comply with the CalGreen Residential mandatory requirements. 35. 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. 36. Separate permit is required for Fire Sprinklers. Public Works Conditions of Approval 37. A separate permit shall first be obtained from the City Public Works Department prior to placement of any construction materials or equipment in the public right of way. 38. Install new 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. 39. Remove and replace broken and off grade sidewalk in accordance with SPPWC standard plan 113-2, and as directed by the City Engineer or his/her designee. 40. 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. 41. The approved building address(es) shall be painted on the curb to the City's standards as required by the Public Works Inspector prior to final inspection. 42. Rehabilitate existing AC street pavement along the property frontage to the centerline of the street, rehabilitation includes existing and new traffic control devices including but not limited to pavement markers, striping, and markings as directed by the City Engineer or his/her designee. You may 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. 43. All utilities to the site shall be underground. 44. Prior to final of the building permit(s), inspection required by Public Works inspector. Los Angeles County Sanitation Districts Conditions of Approval 45. The wastewater flow originating from the proposed project will discharge to a local sewer line, which is not maintained by the Districts, for conveyance to the Districts' Santa Anita Outfall Trunk Sewer, located in Garvey Avenue at Willard Avenue. The Districts' 15 -inch diameter trunk sewer has a capacity of 2.6 million gallons per day (mgd) and conveyed a peak flow of 2.1 mgd when last measured in 2013. 46. The wastewater generated by the proposed project will be treated at the Whittier Narrows Water Reclamation Plant (WRP) located near the City of South EI Monte, which has a capacity of 15 mgd and currently processes an average recycled flow of 8.3 mgd, or at the Los Coyotes WRP located in the City of Cerritos, which has a capacity of 37.5 mgd and currently processes an average recycled flow of 17.5 mgd. 47. The expected increase in average wastewater flow from the project, described in the plan as one new singlefamily home, is 260 gallons per day. For a copy of the Districts' average wastewater generation factors, go to www.lacsd.org, under Services, then Wastewater Program and Permits and select Will Serve Program, and click on the Table 1, Loadings for Each Class of Land Use link. 48. The Districts are empowered by the California Health and Safety Code to charge a fee to connect facilities (directly or indirectly) to the Districts' Sewerage System or to increase the strength or quantity of wastewater discharged from connected facilities. This connection fee is used by the Districts for its capital facilities. Payment of a connection fee may be required before this project is permitted to discharge to the Districts' Sewerage System. For more information and a copy of the Connection Fee Information Sheet, go to www.lacsd.org, under Services, then Wastewater (Sewage) and select Rates & Fees. In determining the impact to the Sewerage System and applicable connection fees, the Districts will determine the user category (e.g. Condominium, Single Family Home, etc.) that best represents the actual or anticipated use of the parcel(s) or facilities on the parcel(s) in the development. For more specific information regarding the connection fee application procedure and fees, please contact the Districts' Wastewater Fee Public Counter at (562) 908-4288, extension 2727. 49. In order for the Districts to conform to the requirements of the Federal Clean Air Act (CAA), the capacities of the Districts' wastewater treatment facilities are based on the regional growth forecast adopted by the Southern California Association of Governments (SCAG). Specific policies included in the development of the SCAG regional growth forecast are incorporated into clean air plans, which are prepared by the South Coast and Antelope Valley Air Quality Management Districts in order to improve air quality in the South Coast and Mojave Desert Air Basins as mandated by the CAA. All expansions of Districts' facilities must be sized and service phased in a manner that will be consistent with the SCAG regional growth forecast for the counties of Los Angeles, Orange, San Bernardino, Riverside, Ventura, and Imperial. The available capacity of the Districts' treatment facilities will, therefore, be limited to levels associated with the approved growth identified by SCAG. As such, this letter does not constitute a guarantee of wastewater service, but is to advise the applicant that the Districts intend to provide this service up to the levels that are legally permitted and to inform the applicant of the currently existing capacity and any proposed expansion of the Districts' facilities.