CC - 1995-09 - Approving Tenetatice Parcel Map 24045 7 Zone Varience 94-266•
RESOLUTION 95-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA APPROVING TENTATIVE PARCEL NAP
CASE NO. 24045 AND ZONE VARIANCE NO. 94-266,
SUBDIVIDING ONE LOT INTO TWO WITH A REDUCED
LOT WIDTH (45-FEET) AND ONE REDUCED SIDE YARD
SETBACK (3-FEET) AT 9318 RALPH STREET,
ROSEMEAD (AP#8594-014-020).
WHEREAS, Mr. Mike Yoakum, Owner/Applicant, 1274 E.
Center Court, Covina, CA 91724 has requested to subdivide 9318 Ralph
Street into two lots to create a vacant lot separate from an existing
single family home; and
WHEREAS, 9318 Ralph Street is located within the R-1
(Single Family Residential) zone; and
WHEREAS, section 66410 et sea of the California
Government Code (Subdivision Map Act) and Chapter 9200 of the
Rosemead Municipal Code (RMC) set guidelines for subdividing land;
and
WHEREAS, Section 9104.4 RMC requires lots in the R-1
zone to maintain interior side yards at a minimum of five (5) feet
and the project proposes a new side yard of an existing single family
home to be three (3) feet; and
WHEREAS, Section 9104.7 RMC requires the minimum lot
width to be fifty (50) feet at the front property line and the second
lot is proposed to be 45 feet wide; and
WHEREAS, on September 9, 1994, 58 notices were mailed
to property owners within a 300 foot radius of the subject property
specifying the date, time and location of the public hearing; and
WHEREAS, on October 17, 1994, the Planning Commission
held a public hearing and adopted Resolution No. 94-24 denying
Tentative Parcel Map No. 24045 and Zone Variance No. 94-266; and
WHEREAS, on October 26, 1994, Mr. Mike Yoakum filed a
written request with the City Clerk for the City Council to consider
an appeal of the 10-17-94 Planning Commission decision; and
WHEREAS, on January 24, 1995 the City Council held a
duly noticed public hearing and sufficiently considered all testimony
in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Rosemead City
Council as follows:
Section 1. The City Council HEREBY DETERMINES that
Tentative Parcel Map No. 24045 is a minor land division (Class 15)
and Variance No. 94-266 is a minor alteration in land use limitations
(Class 5) which are Categorically Exempt from environmental review
under Section 15315 and 15305, respectively, of the California
Environmental Quality Act ordinance City environmental guidelines.
Section 2. The City Council HEREBY FINDS AND
DETERMINES that facts do exist to justify approving Tentative Parcel
Map No. 24045 in accordance with Section 9412 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.
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FINDING: The site is in an urban area that is primarily
built out. Infrastructure and improvements exist to support existing
development. This property is zoned R-1 which would allow up to one
unit per 6,000 square feet of property. The property totals about
18,000 square feet which would allow up to three (3) units. However,
the subdivision will restrict development to one (1) unit on each of
the two (2) lots. Existing infrastructure is adequate to support the
addition of one (1) unit. Conditions have been attached to reduce
any potential impacts to a level of insignificance.
B. The proposed division will not be contrary to any
official plan adopted by the City Council of the City of Rosemead; 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 applicaiton hereunder.
FINDING: Single family residential development is
consistent with the general plan designation of low density
residential. There is no specific plan for this area. The proposed
development meets all minimum development standards in accordance
with the Rosemead Municipal Code. A Zone Variance No. 94-266 has
been approved to allow a reduced side yard for the existing single
family home to allow the maximum amount of developable space (451) on
the newly created lot.
C. Each proposed parcel conforms in area and dimension to
the provisions of zoning and subdivision requirements of the City of
Rosemead.
FINDING: Zone Variance No. 94-266 is approved under this
Resolution to allow a reduced lot width of 45' and reduced side yard
of three (3) feet. The proposed project meets the minimum standards
with the approval of this variance. Any new development will be
required to meet all R-1 single family residential development
standards for new constructin.
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.
FINDING: The site is located at 9318 Ralph Street. Ralph
Street has a 50-feet public right-of-way which is adequate for
residential streets. The area is designated for low density
residential development. Therefore, the street is adequate for
access and circulation at this site. The existing residence will
have the required 2-car garage with a driveway that meets the
development standards. Any development of the new lot will be
designed to meet the minimum code.
E. All easements and covenants required for the approval
of the tentative map or plot plan have been duly executed and
recorded (Section 9412).
FINDING: No easements and/or covenants are necessary for
either of these two lots.
Section 3. The City Council FURTHER FINDS AND
DETERMINES that facts do exist to justify approving Variance No.
94-266 in accordance with Section 9171 of the Rosemead Municipal Code
as follows:
A. The variance granted shall be subject to such conditions
as will assure that the adjustment thereby authorized shall not
constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and zone in which
the subject property is situated.
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FINDING: Location of the existing residence does not allow
the owner to create a new lot with 50 feet of frontage without
adversely affecting the existing structure. A reduced side yard is
created to maximize the lot width of the new lot. Eleven (11)
conditions have been attached. Any new development will be required
to meet all development standards.
B. That the granting of such variance will not be
materially detrimental to the public health or welfare or injurious
to the property or improvemnts in such zone or vicinity in which the
property is located.
FINDING: The reduced side yard is located on side where the
new lot has been created. No existing homes will be affected by this
variance. This variance does not allow the development of any
additional homes. It is simply to preserve the existing home that is
in very good condition.
C. That because of special circumstances applicable to
subject property, including size, shape, topography, locaiton or
surroundings, the strict applicaiton of the zoning ordinance is found
to deprive subject property of privileges enjoyed by other properties
in the vicinity and under identical zone classifications.
FINDING: This site is about 18,000 square feet located in
the R-1 zone. By density, up to three (3) units could be built.
However, this plan is created to preserve the true intent of single
family development by creating a second lot for a single family home.
The variances are necessary to preserve the existing home.
D. That the granting of such variance will not adversely
affect the comprehensive general plan.
FINDING: The general plan designates this area for low
density residential developement. Development of the two lots for
single family homes will keep within the intent of this designation.
Section 4. The City Council HEREBY APPROVES: (1)
Tentative Parcel Map No. 24045, subdividing one lot into two; and (2)
Zone Variance 94-266, allowing a reduced lot width of 45 feet instead
of 50 feet and a reduced side yard of three (3) feet instead of five
(5) feet at 9318 Ralph Street (AP#8594-014-020); subject to the
conditions listed in Exhibit A attached hereto and incorporated
herein by reference.
Section 5. This action by the Rosemead City Council
shall become final and effective immediately upon this appeal
decision pursuant to Section 9186.6 of the Rosemead Municipal Code.
All interested parties are HEREBY NOTIFIED that the time for
challenging this decision by any form of judicial review is governed
by Seciton 1094.6 of the Code of Civil Procedure.
Section 6. This resolution is the result of an action
taken by the City Council on January 24, 1995, by the following vote:
YES: Imperial, Vasquez, Bruesch, Taylor, Clark
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
Section 7. The City Clerk shall certify to the
adoption of this Resolution.
APPROVED and ADOPTED this 14th day ov br}aexy-,-)1995.
ATTEST: I hereby certif that- 5e foregoing Resolution
No. 95-09 was duly and regularly adopted by the
R" _emead,,CityeCouncil at a regular meeting held on
CITY CLERK the 14th day of February, 1995 by the following vote;
/ Yes:Clark, Taylor, Bruesch, Vasquez, Imperial
No:3None; Absent: None; Abstain: None
CITY CLERK
EXHIBIT A
PARCEL MAP 24045
and
ZONE VARIANCE 94-266
9318 RALPH STREET
CONDITIONS OF APPROVAL
JANUARY 24, 1995
1. That the property be developed in accordance with Parcel Map
24045, marked Exhibit B.
2. The project shall comply with the conditions as set forth in the
City Engineer's report dated 8-9-94, and the Fire Department's
recommendations dated 5-6-94. All conditions shall be completed
to the City Engineer's and Director of Planning's satisfaction
prior to recordation of the final map.
3. The interior property line of the newly created lots, and where
designated by the Director of Planning, the perimeter property
line, shall be fenced with a six-foot (61) high masonry or wooden
fence ending at the rear of the dwelling unit on Lot 1. If a
wooden fence is installed, the fence shall be supported by steel
posts set in concrete. Said fence shall be installed prior to
recordation of the parcel map or at the time of issuance of
building permit be made a matter of condition'. All masonry walls
shall have finished surface on both sides.
4. All utilities shall be underground including appropriate wiring
for Cable Television.
5. The property shall be kept cleared of weeds, debris and abandoned
vehicles, and maintained to the L.A. County Fire and Health codes
until it is developed. All trash shall be contained in dumpsters
and removed on an as-needed basis. No trash shall be visible
from outside the dumpster. Surplus construction materials shall
be stored so as to be screened from view when not actually in
use.
6. This map shall be finaled and recorded within two (2) years of
tentative approval. Failure to do so may result in the map's
expiration and the need for another tentative map application.
Any request for extension must be submitted, in writing, together
with ten (10) copies of the map and corresponding plans, to the
Planning Department before the expiration date.
7. The conditions listed on this Exhibit shall be copied directly
onto development plans submitted to the Planning and Building
Departments for review.
8. 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 on any legal
holidays.
9. A 6' high fence, composed of chain link or other approved
material, shall totally enclose the perimeter of the property
when vacant, under construction, or under demolition, and said
fence shall remain until Occupancy is granted.
10. That the existing garage, carport and concrete driveway on the
proposed property line be removed.
11. The applicant shall sign an affidavit of agreement, and return it
to the Planning Department within ten (10) days after approval of
this request.
WPM24045