PC - Item 3C - Design Review 15-04 and Minor Exception 15-08 imi f ROSEMEAD PLANNING COMMISSION
STAFF REPORT
AloRifiran,,,-/
TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: OCTOBER 19, 2015
SUBJECT: DESIGN REVIEW 15-04 AND MINOR EXCEPTION 15-08
3206 IVAR AVENUE
Summary
Marie Oldendorff and Maria Martinez have submitted an application for a Design
Review (DR) and Minor Exception (ME), requesting to construct additions to an existing
legal, nonconforming single-family dwelling unit with a substandard side yard setback,
nonconforming side wall, and a total floor area over 2,500 square feet. The proposed
project includes a new attached three-car garage. The subject property is located at
3206 Ivar Avenue (AIN: 5289-017-043) and in the R-1 (Single-Family Residential) zone.
Environmental Determination
Section 15301 of the CEQA guidelines exempts projects consisting of the operation,
repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public
or private structures, facilities, mechanical equipment, or topographical features,
involving negligible or no expansion of use beyond that existing at the time of the lead
agency's determination. Section 15305 of the California Environmental Quality Act
(CEQA) guidelines exempts projects consisting of minor alterations in land use
limitations in areas with an average slope of less than 20%, which do not result in any
changes in land use or density. Accordingly, Design Review 15-04 is classified as a
Class 1 Categorical Exemption pursuant to Section 15301 of CEQA guidelines and
Minor Exception 15-08 is classified as a Class 5 Categorical Exemption pursuant to
Section 15305 of CEQA guidelines.
Staff Recommendation
It is recommended that the Planning Commission ADOPT Resolution No. 15-17 with
findings (Exhibit "A"), and APPROVE Design Review 15-04 and Minor Exception 15-08,
subject to the 22 conditions outlined in Attachment "A" attached hereto.
Planning Commission Meeting
October 19,2015
Page 2 of 17
Property History and Description
The subject property is located on the east side of Ivar Avenue, between Ramona
Boulevard and Garvey Avenue. According to the Los Angeles County Assessor's Office,
the site consists of one (1) parcel, totaling approximately 14,220 square feet of lot area.
In 1955, a single-family dwelling unit was built on the subject property.
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Front Elevation(Existing)
Site and Surrounding Land Uses
The project site is designated in the General Plan as Low Density Residential and on
the Zoning Map as R-1 (Single-Family Residential) zone. The site is surrounded by the
following land uses:
North
General Plan Designation: Low Density Residential
Zoning: R-1 (Single-Family Residential)
Land Use: Residential
South
General Plan Designation: Low Density Residential
Zoning: R-1 (Single-Family Residential)
Land Use: Residential
East
General Plan Designation: Low Density Residential
Zoning: R-1 (Single-Family Residential)
Land Use: Residential
West
General Plan Designation. Low Density Residential
Zoning: R-1 (Single-Family Residential)
Land Use: Residential
Planning Commission Meeting
October19,2015
Page 3 of 17
Administrative Analysis
As illustrated in Exhibit "B", the applicants are proposing to construct a 1,040 square
feet addition to an existing legal, nonconforming single-family dwelling unit. The
proposed total floor area is 2,837 square feet. Additionally, the applicants are proposing
to construct an attached three-car garage towards the rear of the property. According to
Rosemead Municipal Code, Section 17.12.030(B)(1)(j), any addition to a dwelling unit in
which the total floor area with the addition equals or exceeds two thousand five hundred
(2,500) square feet of developed living area shall be subject to a discretionary Site Plan
and Design Review application.
The single-family dwelling unit is nonconforming due to an existing substandard side
yard setback along the northern property line. According to Rosemead Municipal Code,
Section 17.72.040(A)(2), a structure that is legal nonconforming due to setbacks, height,
or other similar development standard, but not including floor area, may be enlarged or
extended provided that the enlargement shall not increase the degree of nonconformity
nor shall it extend into any conforming setback area. Such enlargement shall be
processed pursuant to the standards set forth in Chapter 17.142 (Minor Exceptions).
In the required front yard, two (2) existing, nonconforming walls are located along the
northern and southern property lines. According to Rosemead Municipal Code, Section
17.142.020(A)(2), [the Community Development Director shall have the authority to
grant, subject to appeals to the Planning Commission], minor exception of fence, wall,
hedge, sign, swimming pool, and storage regulations, including vehicles, boats, trailers,
and campers, as may be necessary to secure an appropriate improvement or use of a
lot, provided that such exceptions do not exceed a 20-percent variation from existing
regulations.
Rosemead Municipal Code, Section 17.120.030, requires for concurrent processing of
multiple permit applications: multiple applications for the same project shall be
processed concurrently, and shall be reviewed, and approved or denied by the highest
review authority designated by [the] Zoning Code for any of the applications. The
highest review authority designated by the Zoning Code for any of the applications for
the proposed project is the Planning Commission. As such, Design Review 15-04 and
Minor Exception 15-08 shall be reviewed, and approved or denied by the Planning
Commission.
Planning Commission Meeting
October 19,2015
Page 4 of 17
Development Standards
Staff has verified that the proposed single-family dwelling unit addition would be in
compliance with the applicable development standards of the Rosemead Zoning Code,
as demonstrated in the following table:
Development Feature Required Proposed
Front Yard Setback 20 ft. 31 ft.
North:
3 ft. and 3 in. (Existing)
Side Yard Setback Greater of 5 ft.or 10% of lot 6 ft. and 4 in. (Proposed)
width: 6 ft. South:
12 ft. and 6 in.
15 ft. and 6 in.
Rear Yard Setback 35 ft. 89 ft. and 2 in.
-0.20:1
Floor Area Ratio 0.35:1 (maximum)
(includes FAR incentives)
Parking Three spaces in an enclosed Attached three-car garage
garage
Floor Plan
The proposed floor plan consists of a living room, dining room, family room, kitchen, five
(5) bedrooms, four (4) bathrooms, porch, and attached three-car garage.
Elevations
The applicants are proposing a beige colored stucco finish (BEHR, Honey Beige
PPG1207-3) for the exterior walls, a brown colored roof (Malarkey), and brown colored
(BEHR, Tesoro PPG17-20) trim. Stone veneer (Eastern Ledgestone) is utilized at the
bottom portion of the trellis columns.
Parking and Circulation
Per Rosemead Muncipal Code, Section 17.112.040, single-family dwellings with five (5)
or more bedrooms and over 2,000 square feet of floor area require three (3) parking
spaces per dwelling unit in an enclosed garage. As illustrated on the proposed site and
floor plan, the applicants are proposing an attached three-car garage towards the rear
of the property.
Per Rosemead Municipal Code, Section 17.112.090(B)(1)(a), driveways used to serve
not more than two (2) dwelling units shall be a minimum of twelve (12) feet wide. The
applicants are proposing a driveway with a minimum width of twelve (12) feet.
Planning Commission Meeting
October19.2015
Page 5 of 17
Fencing
The applicants are proposing to maintain the existing four (4) feet high brick wall with
wrought iron along the front property line, the existing five (5) feet high decorative
concrete masonry unit (CMU) wall along the north and south property in the front yard,
and the existing six (6) feet high CMU wall along the southern property line. Also, the
applicants are proposing to construct new six (6) feet high decorative CMU walls along
the northern and eastern property lines.
The existing wrought iron and wire fence along the southern property, towards the rear
of the property, are proposed to be removed.
Landscaping
Per Rosemead Municipal Code, Section 17.12.030(B)(1)(f), a minimum of one (1) tree
shall be planted in new or remodeled residential front yards for every fifty (50) feet of
street frontage. The applicants are proposing to maintain three (3) existing trees in the
front yard.
Per Rosemead Municipal Code, Section 17.12.030(B)(1)(a), a minimum of twenty (20)
percent of the entire parcel shall be fully landscaped with plant materials. The proposed
site plan indicates that 44 percent of the subject property would be landscaped.
Staff recommends a condition of approval to require submittal of a final landscape plan
to the Planning Division for review and approval.
Municipal Code Requirements
Rosemead Municipal Code, Section 17.120.030, requires for concurrent processing of
multiple permit applications: multiple applications for the same project shall be
processed concurrently, and shall be reviewed, and approved or denied by the highest
review authority designated by [the] Zoning Code for any of the applications. The
highest review authority designated by the Zoning Code for any of the applications for
the proposed project is the Planning Commission. As such, Design Review 15-04 and
Minor Exception 15-08 shall be reviewed, and approved or denied by the Planning
Commission.
According to Rosemead Municipal Code, Section 17.12.030(B)(1)(j), any addition to a
dwelling unit in which the total floor area with the addition equals or exceeds two
thousand five hundred (2,500) square feet of developed living area shall be subject to a
discretionary Site Plan and Design Review application. Rosemead Municipal Code,
Section 17.28.020(C), provides the criteria by which the Planning Commission may
approve, approve with conditions, or disapprove [a Design Review] application:
A. The plans indicate proper consideration for the relationship between the
proposed building and site developments that exist or have been approved for
the general neighborhood.
Planning Commission Meeting
October 19,2015
Page 6 of 17
The subject property is located within an established residential area of the City.
The proposed project would maintain the existing single-family dwelling use. The
single-family dwelling unit was built in 1955. The proposed addition to the rear of
the existing structure would maintain the aesthetics of the existing dwelling unit,
and as such, would not disrupt the existing aesthetics of the general
neighborhood.
B. The plan for the proposed structure and site development indicates the manner
in which the proposed development and surrounding properties are protected
against noise, vibrations, and other factors which may have an adverse effect on
the environment, and the manner of screening mechanical equipment, trash,
storage and loading areas.
The proposed project is designed with front and rear setbacks that exceed the
minimum requirements of the R-1 zone, which creates a large buffer between the
subject residence and the surrounding residences to protect against noise,
vibrations, and other factors, which may have an adverse effect on the
environment and neighborhood. This development would not generate any
foreseeable permanent negative impacts to the noise levels of the surrounding
area. All construction work would be required to comply with the timeframe and
decibel levels indicated in the City of Rosemead Noise Ordinance. Conditions of
Approval will specifically address factors such as construction hours,
landscaping, and the overall maintenance of the property.
C. The proposed building or site development is not, in its exterior design and
appearance, so at variance with the appearance of other existing buildings or site
developments in the neighborhood as to cause the nature of the local
environment to materially depreciate in appearance and value.
The proposed project would not depreciate the appearance and value of the local
environment. The single-family dwelling unit was built in 1955. The proposed
addition to the rear of the existing structure would maintain the aesthetics of the
existing dwelling unit, and as such, would not disrupt the existing aesthetics of
the general neighborhood. From the public right-of-way, the appearance of the
local environment would be virtually unchanged by the proposed project.
D. The proposed building or structure is in harmony with the proposed
developments on land in the general area, especially those instances where
buildings are within or adjacent to land shown on the General Plan as being part
of the Civic Center or in public or educational use, or are within or immediately
adjacent to land included within any precise plan which indicates building shape,
size, or style.
Planning Commission Meeting
October 19,2015
Page 7 of 17
The subject property is not part of the Civic Center Plan, precise plan, or land
reserved for public or educational use. The applicants are proposing to maintain
the existing single-family dwelling use, which is the prominent use permitted in
the R-1 zone.
E. The proposed development is in conformity with the standards of this Code and
other applicable ordinances in so far as the location and appearance of the
buildings and structures are involved.
The proposed development would require the granting of a Minor Exception due
to the substandard side yard setback along the northern property line and
nonconforming side walls in the front yard, as permitted by the Rosemead Zoning
Code. The proposed development conforms with all other standards of the
Rosemead Zoning Code and any other applicable referenced ordinances.
F. The site plan and the design of the buildings, parking areas, signs, landscaping,
luminaries, and other site features indicates that proper consideration has been
given to both the functional aspects of the site development, such as automobile
and pedestrian circulation, and the visual effect of the development from the view
of public streets.
Access to the subject site would continue to be from Ivar Avenue. The design
and construction of this project would preserve and provide adequate access and
circulation for vehicular and pedestrian traffic. The proposed development would
not change the visual effect of the site from the view of the public street.
According to Rosemead Municipal Code, Section 17.72.040(A)(2), a structure that is
legal nonconforming due to setbacks, height, or other similar development standard, but
not including floor area, may be enlarged or extended provided that the enlargement
shall not increase the degree of nonconformity nor shall it extend into any conforming
setback area. Such enlargement shall be processed pursuant to the standards set forth
in Chapter 17.142 (Minor Exceptions).
The proposed addition would not increase the degree of nonconformity and would not
extend into any conforming setback area.The standard minimum side yard setback for
the subject property is six (6) feet. The proposed addition would provide a six (6) feet
and four (4) inch side yard setback along the northern property line and a fifteen (15)
feet and six (6) inch side yard setback along the southern property line. The proposed
addition would significantly exceed the standard minimum rear yard setback. The
existing dwelling structure is proposed to remain.
Per Rosemead Municipal Code, Section 17.68.030(A)(2), in the R-1, R-2, and R-3
zones, no fence or wall located in the required front yard shall exceed a height of four
(4) feet. According to Rosemead Municipal Code, Section 17.142.020(A)(2), [the
Community Development Director shall have the authority to grant, subject to appeals to
the Planning Commission], minor exception of fence, wall, hedge, sign, swimming pool,
Planning Commission Meeting
October 19,2015
Page 8 of 17
and storage regulations, including vehicles, boats, trailers, and campers, as may be
necessary to secure an appropriate improvement or use of a lot, provided that such
exceptions do not exceed a 20-percent variation from existing regulations.
The 20-percent variation from the existing regulation of four (4) feet in height would
equal 0.8 feet. However, according to Rosemead Municipal Code, Section
17.04.040(D), where provisions of [the] Zoning Code require calculations to determine
applicable requirements, any fractional/decimal results of the calculations shall be
rounded as provided by this Subsection: For all calculations required by this Zoning
Code other than those described in Subsection D.1, the fractional/decimal results of
calculations shall be rounded to the next highest whole number when the
fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction
is less than 0.5. As such, the maximum allowable variation from the standard maximum
wall height within the required front yard is one (1) foot. The two (2) nonconforming
walls along the northern and southern property line in the required front yard would not
exceed the maximum allowable variation.
Public Notice Process
This item has been noticed through the regular agenda notification process, which
includes a 300-foot radius public hearing notice to sixty-six (66) property owners,
publication in the Rosemead Reader on October 8, 2015, and postings of the notice at
the six (6) public locations and on the subject site.
Prepared by: Submitted by:
�
Cory Ha Michelle am irez
iJ
Assistant Planner Community Development Director
EXHIBITS:
A. Planning Commission Resolution No. 15-17 with Attachment"A"(Conditions of Approval)
B. Site Plan, Floor Plan, and Elevations
C. Assessor Parcel Map(AIN:5289-017-043)
Planning Commission Meeting
October19,2015
Page 9 of 17
EXHIBIT "A"
PC RESOLUTION 15-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING DESIGN REVIEW 15-04 AND MINOR EXCEPTION 15-08,
PERMITTING A 1,040 SQUARE FEET ADDITION TO AN EXISTING
LEGAL, NONCONFORMING SINGLE-FAMILY DWELLING UNIT WITH
A SUBSTANDARD SIDE YARD SETBACK, NONCONFORMING SIDE
WALL, AND A TOTAL FLOOR AREA OVER 2,500 SQUARE FEET. THE
SUBJECT PROPERTY IS LOCATED AT 3206 IVAR AVENUE (AIN:
5289-017-043), IN THE R-1 (SINGLE-FAMILY RESIDENTIAL) ZONE.
WHEREAS, on June 4, 2015, Marie Oldendorff and Maria Martinez submitted an
application for a Design Review and Minor Exception, requesting to construct additions
to an existing legal, nonconforming single-family dwelling unit with a substandard side
yard setback, nonconforming side wall, and a total floor area over 2,500 square feet at
3206 Ivar Avenue;
WHEREAS, 3206 Ivar Avenue is located in the R-1 (Single-Family Residential)
zoning district;
WHEREAS, Section 17.28.020(C) of the Rosemead Municipal Code provides the
criteria for a Design Review;
WHEREAS, Sections 17.72.040(A)(2) and 17.142.020(A)(2) of the Rosemead
Municipal Code provides the criteria for the requested Minor Exceptions;
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Sections 17.28.020(C) and 17.142.020(A) of the Rosemead Municipal Code authorizes
the Planning Commission to approve, conditionally approve, or deny Design Review
and Minor Exception applications;
WHEREAS, on October 8, 2015, sixty-six (66) 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 Design Review 15-04 and Minor Exception 15-08;
WHEREAS, on October 19, 2015, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Design
Review 15-04 and Minor Exception 15-08; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
Planning Commission Meeting
October19,2015
Page 10 of 17
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Planning Commission HEREBY DETERMINES that Design
Review 15-04 is classified as a Class 1 Categorical Exemption pursuant to Section
15301 of California Environmental Quality Act guidelines and Minor Exception 15-08 is
classified as a Class 5 Categorical Exemption pursuant to Section 15305 of California
Environmental Quality Act guidelines. Section 15301 of the CEQA guidelines exempts
projects consisting of the operation, repair, maintenance, permitting, leasing, licensing,
or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use
beyond that existing at the time of the lead agency's determination. Section 15305 of
the California Environmental Quality Act (CEQA) guidelines exempts projects consisting
of minor alterations in land use limitations in areas with an average slope of less than
20%, which do not result in any changes in land use or density.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Design Review 15-04 and Minor Exception 15-08,
in accordance with Sections 17.28.020(C), 17.72.040(A)(2), and 17.142.020(A)(2) of the
Rosemead Municipal Code as follows:
A. The plans indicate proper consideration for the relationship between the
proposed building and site developments that exist or have been approved for the
general neighborhood.
FINDING: The subject property is located within an established residential area
of the City. The proposed project would maintain the existing single-family dwelling use.
The single-family dwelling unit was built in 1955. The proposed addition to the rear of
the existing structure would maintain the aesthetics of the existing dwelling unit, and as
such, would not disrupt the existing aesthetics of the general neighborhood.
B. The plan for the proposed structure and site development indicates the
manner in which the proposed development and surrounding properties are protected
against noise, vibrations, and other factors which may have an adverse effect on the
environment, and the manner of screening mechanical equipment, trash, storage and
loading areas.
FINDING: The proposed project is designed with front and rear setbacks that
exceed the minimum requirements of the R-1 zone, which creates a large buffer
between the subject residence and the surrounding residences to protect against noise,
vibrations, and other factors, which may have an adverse effect on the environment and
neighborhood. This development would not generate any foreseeable permanent
negative impacts to the noise levels of the surrounding area. All construction work
would be required to comply with the timeframe and decibel levels indicated in the City
Planning Commission Meeting
October 19,2015
Page 11 of 17
of Rosemead Noise Ordinance. Conditions of Approval will specifically address factors
such as construction hours, landscaping, and the overall maintenance of the property.
C. The proposed building or site development is not, in its exterior design and
appearance, so at variance with the appearance of other existing buildings or site
developments in the neighborhood as to cause the nature of the local environment to
materially depreciate in appearance and value.
FINDING: The proposed project would not depreciate the appearance and value
of the local environment. The single-family dwelling unit was built in 1955. The proposed
addition to the rear of the existing structure would maintain the aesthetics of the existing
dwelling unit, and as such, would not disrupt the existing aesthetics of the general
neighborhood. From the public right-of-way, the appearance of the local environment
would be virtually unchanged by the proposed project.
D. The proposed building or structure is in harmony with the proposed
developments on land in the general area, especially those instances where buildings
are within or adjacent to land shown on the General Plan as being part of the Civic
Center or in public or educational use, or are within or immediately adjacent to land
included within any precise plan which indicates building shape, size, or style.
FINDING: The subject property is not part of the Civic Center Plan, precise plan,
or land reserved for public or educational use. The applicants are proposing to maintain
the existing single-family dwelling use, which is the prominent use permitted in the R-1
zone.
E. The proposed development is in conformity with the standards of this Code
and other applicable ordinances in so far as the location and appearance of the
buildings and structures are involved.
FINDING: The proposed development would require the granting of a Minor
Exception due to the substandard side yard setback along the northern property line
and nonconforming side walls in the front yard, as permitted by the Rosemead Zoning
Code. The proposed development conforms with all other standards of the Rosemead
Zoning Code and any other applicable referenced ordinances.
F. The site plan and the design of the buildings, parking areas, signs,
landscaping, luminaries, and other site features indicates that proper consideration has
been given to both the functional aspects of the site development, such as automobile
and pedestrian circulation, and the visual effect of the development from the view of
public streets.
FINDING: Access to the subject site would continue to be from Ivar Avenue. The
design and construction of this project would preserve and provide adequate access
and circulation for vehicular and pedestrian traffic. The proposed development would
not change the visual effect of the site from the view of the public street.
Planning Commission Meeting
October 19,2015
Page 12 of 17
G. A structure that is legal nonconforming due to setbacks, height, or other
similar development standard, but not including floor area, may be enlarged or extended
provided that the enlargement shall not increase the degree of nonconformity nor shall it
extend into any conforming setback area.
FINDING: The proposed addition would not increase the degree of
nonconformity and would not extend into any conforming setback area.The standard
minimum side yard setback for the subject property is six (6) feet. The proposed
addition would provide a six (6) feet and four (4) inch side yard setback along the
northern property line and a fifteen (15) feet and six (6) inch side yard setback along the
southern property line. The proposed addition would significantly exceed the standard
minimum rear yard setback. The existing dwelling structure is proposed to remain.
H. Minor exception of fence, wall, hedge, sign, swimming pool, and storage
regulations, including vehicles, boats, trailers, and campers, as may be necessary to
secure an appropriate improvement or use of a lot, provided that such exceptions do not
exceed a 20-percent variation from existing regulations.
FINDING: The 20-percent variation from the existing regulation of four (4) feet in
height would equal 0.8 feet. However, according to Rosemead Municipal Code, Section
17.04.040(0), where provisions of [the] Zoning Code require calculations to determine
applicable requirements, any fractional/decimal results of the calculations shall be
rounded as provided by this Subsection: For all calculations required by this Zoning
Code other than those described in Subsection D.1, the fractional/decimal results of
calculations shall be rounded to the next highest whole number when the
fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction
is less than 0.5. As such, the maximum allowable variation from the standard maximum
wall height within the required front yard is one (1) foot. The two (2) nonconforming
walls along the northern and southern property line in the required front yard would not
exceed the maximum allowable variation.
SECTION 3. The Planning Commission HEREBY APPROVES Design Review
15-04 and Minor Exception 15-08 for the construction of additions to an existing legal,
nonconforming single-family dwelling unit with a substandard side yard setback,
nonconforming side wall, and a total floor area over 2,500 square feet at 3206 Ivar
Avenue, and 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.
Planning Commission Meeting
October 19,2015
Page 13 of 17
SECTION 5. This resolution is the result of an action taken by the Planning
Commission on October 19, 2015, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
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.
PASSED, APPROVED, and ADOPTED this 19th day of October, 2015.
John Tang, 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 19`" day of
October, 2015, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Michelle Ramirez, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
October19,2015
Page 14 of 17
ATTACHMENT "A"
DESIGN REVIEW 15-04 AND MINOR EXCEPTION 15-08
3206 IVAR AVENUE
(AIN: 5289-017-043)
CONDITIONS OF APPROVAL
October 19, 2015
1. Design Review 15-04 and Minor Exception 15-08 is approved for the construction
of additions to an existing legal, nonconforming single-family dwelling unit with a
substandard side yard setback, nonconforming side wall, and a total floor area
over 2,500 square feet, in accordance with the plans marked Exhibit "B", dated
October 5, 2015. 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 Design Review 15-04 and Minor Exception 15-08 shall not take effect
for any purpose until the applicants have 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.
5. The on-site public hearing notice posting shall be removed by the end of the 10-
day appeal period of Design Review 15-04 and Minor Exception 15-08.
6. Design Review 15-04 and Minor Exception 15-08 is approved for a period of one
(1) year. The applicant 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 Design Review 15-04 and Minor
Exception 15-08 have 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.
Planning Commission Meeting
October19,2015
Page 15 of 17
8. Design Review 15-04 and Minor Exception 15-08 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 Design Review 15-04 and Minor
Exception 15-08.
9. The applicants 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 applicants 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.
14. The Building Division, Planning Division, and Engineering Division shall have
access to the subject property at any time during construction to monitor
progress.
Planning Commission Meeting
October 19,2015
Page 16 of 17
15. All requirements of the Building and Safety Division, Planning Division, and
Engineering Division shall be complied with prior to the final approval of the
proposed construction.
16. 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.
17. The property 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 drainage shall take place in accordance with such
approved plan.
18. All fences and/or walls shall be decorative and consistent in design, color, and
material throughout the subject property. All existing fences and/or walls
approved to remain shall be improved (e.g. repainted or stucco finished) to match
or complement any approved new fences and/or walls to the satisfaction of the
Planning Division. A fence permit shall be required prior to final approval of the
subject project.
19. Existing residential development proposed to remain on the subject property
shall be renovated to match or complement the new construction in color,
materials, and architectural style to the satisfaction of the Planning Division.
20. All onsite conditions, such as landscaping and fencing, shall be improved to the
satisfaction of the Planning Division.
21. The applicant 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. The
landscape plan shall include a wide variety of colorful and drought tolerant trees,
shrubs, flowers, and ground covers. All landscaping and irrigation shall be
installed and completed prior to final Planning Division approval.
22. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Planning Commission Meeting
October 19,2015
Page 17 of 17
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