CC - 1993-52 - Approva of Tract map 51586 and Zone Variance 93-250SENT BY: WALLIN KRESS REISMAN :10- 6-93 : 6:57AM (310) 450-0506
RESOLUTION NO. 93-52
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD GRANTING
APPROVAL OF TENTATIVE TRACT MAP
51586 AND ZONE VARIANCE 93-250 FOR
PROPERTY LOCATED AT 7629-37 GRAVES
AVENUE, ROSEMEAD
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THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council finds, determines and declares:
1. An application was duly filed by Rosemead Country
Estates to change the underlying zone from R-2 (Medium Multiple
Residential) to PD in order to develop a 7-unit tract on a site
smaller than the prescribed minimum size located at:
7629-37 Graves Avenue,
or more specifically known as:
A subdivision of Lot 4, Block 3 of Garvey
Ranch, in the City of Rosemead, County of Los
Angeles, State of California, as per map
recorded in Map Book 52, pages 43 and 44 of
maps, in the office of the County Recorder of
said county
and that a public hearing was duly scheduled for June 7, 1993 and
continued to June 21, 1993, August 2, 1993 and August 16, 1993,
at 7:00 p.m., in the Council Chambers of Rosemead City Hall, 8838
Valley Boulevard, Rosemead, California; and that notice of the
time, date, place, and purpose of the aforesaid hearings was duly
given according to law; and that public hearings were duly
conducted at the aforementioned times and place.
2. That an appeal of the granting of the variance and the
approval of the Tract Map was duly filed on or about August 23,
1993.
3. That a public hearing on the zone change, variance and
tentative tract map was scheduled for and held on September 28,
1993 before the Rosemead City Council.
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Res. 93-52 •
Section 2. The City Council further finds and determines
that:
1. The tentative tract map is consistent with the Land Use
Element of the General Plan and all other relevant elements of
the General Plan.
2. The design and improvement of the subdivision is
consistent with the General Plan.
3. The tentative tract map, upon the granting of Variance
No. 93-250 and Zone Change 93-194, meets the requirements of the
Rosemead Zoning Ordinance.
4. The site is physically suitable for the development of
residential uses and is in keeping with the character of the area
as intended by the General Plan.
5. The site is suitable for the proposed density of
development.
6. The design of the subdivision is not likely to cause
substantial environmental damage.
7. The design of the project is not likely to cause serious
public health problems.
8. The design of the subdivision will not conflict with
easements acquired by the public at large.
9. Discharge of wastes from the proposed project will not
result in the violation of existing requirements as prescribed by
the California regional Water Quality Control Board.
lo. The subject property is not land subject to contract
pursuant to the California Land Conservation Act.
11. The design of the subdivision reduces the deficiency in
housing allocation as quantified in the City's Housing Element.
Section 3. The City Council hereby determines that the
project will have no significant adverse effects on the
environment, and therefore, a Negative Declaration was prepared,
considered by the City Council during the public hearing and
hereby adopted with the mitigation measures recommended by staff.
Section 4. With respect to the variance to reduce
development standard of minimum area for Planned Development (PD)
Zoning, the City Council finds and determines as follows:
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SENT BY: WALLIN KRESS REISMAN :10- 6-93 : 6:59AM (310) 450-0506- 18183079218:# 4/ 8
Res. 93-52 0 •
1. The limited size of the subject property (.94 acres) and,
its irregular shape constitute special circumstances which,
absent the granting of the variance, would deprive the property
of privileges enjoyed by other property in the vicinity and under
identical zoning classification.
2. The granting of the variance is subject to the
conditions on Exhibit "A", attached hereto and incorporated
herein by this reference. The imposition of these conditions
assures that the variance will 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.
3. The granting of this variance does not provide for a use
or activity which is not otherwise expressly authorized by the
zone regulation governing the parcel of property.
4. The variance allows for a subdivision design which will
be compatible with the surrounding neighborhood in terms of the
orientation of the dwellings and the cul-de-sac street.
5. The granting of the variance will allow the construction
of seven (7) new single-family homes, which will reduce the
deficiency in housing allocation as quantified in the Cityls
Housing Element.
6. The granting of the variance will not have an adverse
effect on surrounding properties because the variance does not
allow the project to exceed the density otherwise allowable by
the previous zone designation, R-2. The granting of the variance
allows for a subdivision design that orients the proposed seven
(7) single-family dwellings away from the adjacent homes.
7. That the Planning Commission and City Council have
previously construed the 1 acre minimum lot size for PD zoning as
a development standard subject to the variance process.
8. That the Planning Commission and City Council have
previously approved projects, sought to be developed as Planned
Developments (PD) with variances to the 1 acre minimum
development standard. Those projects are located at:
3122-3134 Bartlett
8445-8463 Mission
4303 Muscatel
3826 Muscatel
SENT BY: WALLIN KRESS REISMAN :10- 6-93 7:OOAM 13101 450-0506 18183079218:# 5/ 8
Res. 93-52 • •
section S. All interested parties are hereby notified that
the time for challenging this decision by any form of judicial
review is governed by Section 1094.6 of the Code of Civil
Procedure.
section 6. The City Clerk shall certify to the adoption of
this Resolution.
ADOPTED and APPROVED this 1
I hereby certify that the above foregoing Resolution was
adopted at a regular meeting of the City Council of the City of
Rosemead held on the 12th day of October , 1993.
AYES Clark, Bruesch, Vasquez
NOES Taylor
ABSENT McDonald
City Clerk
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SENT BY: WALLIN KRESS REISMAN :10- 6-93 : 7:OOAM (310) 450-0506
Res. 93-52 • •
EXHIBIT A
TENTATIVE TRACT MAP 51586
ZONE VARIANCE 93-250
ZONE CHANGE 93-194
7629 - 7637 GRAVES AVENUE
ROSEMEAD COUNTRY ESTATES
CONDITIONS OF APPROVAL
SEPTEMBER 28, 1993
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1. That the property be developed in accordance with
Tentative Tract Map 51586, the elevations and floor plans dated
7-27-93, marked Exhibit "B", and approved by the Planning
Commission on 8-16-93 and by the City Council on 9-28-93.
2. That the project comply with the conditions as set forth
in the City Engineer's report dated 6-7-93, and the Fire
Department's recommendations dated 3-16-93. That 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
wall. Said wall shall be installed prior to recordation of the
tract map or prior to the time of final building inspection. All
masonry walls shall be finished on both sides. No required walls
shall extend beyond the front yard setbacks of any of the
dwellings.
4. That each newly created lot shall be provided with a IS-
gallon tree subject to the approval of the Director of Planning.
5. That all utilities shall be underground including
appropriate wiring for Cable Television. The underground
conversion of these utilities shall consider all future
connections to the satisfaction of the Director of Planning.
6. The existing dwelling shall be boarded until it is
demolished. Demolition shall be completed within 90 days of the
granting of this tract map.
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Res. 93-52 •
7. 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. While vacant or under
construction, it shall be surrounded by a six-foot chain link
fence to prohibit trespassing and/or dumping activity.
8. A covenant shall be prepared by the applicant/subdivider
and approved by the City Attorney assuring that the private
street shall be continually maintained and that any costs
associated with such maintenance shall be equally shared by these
lots in accordance with Section 9104.21(I)(5)(g). This covenant
shall be recorded prior to or in conjunction with the final tract
map.
9. This map shall be finaled and recorded within two (2)
years of tentative tract map 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.
10. The conditions listed on this Exhibit shall be copied
directly onto development plans submitted to the Planning and
Building Departments for review.
11. 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 public view when not actually is use.
12. Construction activities shall be limited to take place
between the hours of 7:00 a.m. and 7:00 p.m. Monday through
Saturday. No construction shall take place on Sundays or on any
legal holidays.
13. The numbers of the address signs shall be at least 611
tall with a minimum character width of 1/411, contrasting in color
and easily visible at driver's level from the street. The
location, color and size of such sign shall be subject to the
approval of the Planning Director.
14. The applicant/subdivider shall defend, indemnify, and
hold harmless the City of Rosemead, its employees, officers and
agents from any claim, action, or proceeding against the city,
its employees, officers or agents to attack, set aside, void, or
annul-. the approval of the City Council concerning the approval
of this tract map.
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Res. 93-52 i •
15. The applicant/subdivider shall file, with the Planning
Department, a notarized acceptance of these conditions within ten
(10) days of the approval of the Resolution imposing said
conditions. in the event the applicant/subdivider does not file
the acceptance of conditions, the approval of the tentative tract
map, zone variance and zone change shall be null and void.
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