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PC - 2009-09 - Modification to Conditional Use Permit 04-968 Located at 8930-8932 Mission DrivePC RESOLUTION 09-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT 04-968 (MODIFICATION) TO AMEND THE ORIGINALLY APPROVED USES AS SHOWN ON THE SITE PLAN TO ALLOW FOR A MIXTURE OF RETAIL, OFFICE AND RESTAURANT USES WITHIN THE COMMERCIAL PORTION OF THE PROJECT, FOR AN EXISTING MIXED-USE DEVELOPMENT LOCATED AT 8930-8932 MISSION DRIVE (APN: 5391-011-054). WHEREAS, on March 3, 2009, JWDA Architects on behalf of Chin Sung Chen, filed an application to modify the conditions of approval of Conditional Use Permit 04-968 (Modification) to amend the originally approved site plan to show a mixture of retail, office and restaurant uses within the existing mixed-use development, located at 8930-8932 Mission Drive; and WHEREAS, 8930-8932 Mission Drive is located in the C-3 (Medium Commercial) zoning district which allows a mixture of commercial, residential, retail, office and restaurant uses within an approved mixed-use project; and WHEREAS, Section 17.112.010 of the Rosemead Municipal Code Certain states that certain uses may be permitted, subject to suitable conditions, in zones in which they are not otherwise permitted by Chapter 17.112 of the Rosemead Municipal Code, where such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the comprehensive general plan, and are not detrimental to surrounding property. Rosemead Municipal Code Chapter 17.112 sets the following criteria for Conditional Use Permits that must be met: • That the Conditional Use Permit applied for is authorized by the provisions of this title. • 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. • 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. • That the granting of such conditional use permit will not adversely affect the General Plan of the city. WHEREAS, on April 8, 2009, seventy one (71) notices were sent to all 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 04-968 (Modification No. 2); and WHEREAS, on April 20, 2009, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 04-968 (Modification No. 2); 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 04-968 (Modification No. 2) is classified as a Class 32 Categorical Exemption pursuant to Section 15332(b) of CEQA guidelines. Section 15332(b) of the California Environmental Quality Act and local environmental guidelines exempts "in-fill development projects" where the proposed development occurs within city limits on a project site of no more than five (5) acres substantially surrounded by urban areas. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that the modification of the site plan does not in any way alter the findings previously made by the Planning Commission to approve Conditional Use Permit 04-968 (Modification No. 2), and that the facts do exist to justify approving Conditional Use Permit 04-968 (Modification No. 2) according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: 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: The proposed Conditional Use Permit Modification is consistent with land uses in the general area with no foreseeable negative impacts to the adjacent neighborhood. Adjacent properties along Mission Drive are currently developed with either retail uses, or have the potential to be developed with retail uses. The mixed-use development will benefit from having additional retail opportunities, as allowing such uses may reduce trip generation from those who live within the mixed-use portion of the project. 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 existing Mixed-Use development, which was approved by the Rosemead Planning Commission on October 17, 2005, is located within an established commercial district of the City, and it is designated in the General Plan as Mixed-Use Residential/Commercial (0-30 dwelling units per acre). The existing and proposed uses are in conformity with the General Plan, in that the policies of the General Plan encourage mixed uses to provide for an area where people can live, shop and work within the same complex. The request to allow retail uses within the existing development was analyzed in a traffic analysis, prepared by Linscott, Law & Greenspan on March 23, 2009. This analysis determined that the proposed project is not anticipated to create significant traffic related impacts. Furthermore, conditions of approval have been added to ensure that the placement of restaurant uses will not impact the aesthetics of the existing building, or the 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: Conditions of approval have been added to ensure that the establishment, maintenance, and operation of the proposed use will no be detrimental or injurious to the general welfare of the City. The proposed project is a benefit to the City and to the residential occupants of the existing development. Active retail spaces in lieu of office spaces will provide additional shopping opportunities for the residents and help generate additional sales tax for the City. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 04-968 (Modification No. 2), to amend the originally approved site plan for the existing mixed-use development located at 8930-8932 Mission Drive, subject to conditions listed in Exhibit "B" 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 Article IX - Planning and Zoning of the Rosemead Municipal Code. SECTION 5. This resolution is the result of an action taken by the Planning Commission on April 20, 2009, by the following vote: YES: GAY, KUNIOKA, LOPEZ, AND VUU NO: NONE ABSENT: CAM ABSTAIN: NONE 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 20th day of April, 2009. nie op , Ch it an 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 20th day of April, 2009 by the following vote: YES: GAY, KUNIOKA, LOPEZ, AND VUU NO: NONE ABSENT: CAM ABSTAIN: NONE Sheri Bermejo, Secretary TENTATIVE TRACT MAP 061523 CONDTIONAL USE PERMIT 04-968 (MODIFICATION No. 2) 8930-8932 MISSION DRIVE (APN: 5391-011-054) CONDITIONS OF APPROVAL April 20, 2009 1. The following conditions must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 2. Tentative Tract Map 061523 and Conditional Use Permit 04-968 (Modification No. 2) are approved for a 16-unit residential development, to be developed in accordance with the plans on file in the Planning Division and dated October 12, 2005, the Tentative Tract Map 061523, dated July 7, 2004, and the amended site plan marked Exhibit "B" and dated March 3, 2009. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 3. All applicable conditions of approval for Tentative Tract Map 061523 shall remain in effect and apply to Conditional Use Permit 04-968 (Modification No. 2). 4. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building divisions for review. 5. Conditional Use Permit 04-968 (Modification No. 2) 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 Conditional Use Permit 04-968 (Modification No. 2). 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 concerning the project, which action is brought within the time period provided by law. 7. Conditional Use Permit 04-968 (Modification No. 2) shall not take effect for any purpose until the applicant has filed with the City of Rosemead an affidavit stating that they are aware of and accept all of the conditions set forth in the letter of approval and this list of conditions. 8. Conditional Use Permit 04-968 (Modification No. 2) is approved for a six (6) month period. The applicant shall initiate the proposed use, or request an extension 30 days prior to expiration from the Planning Commission. Conditional Use Permit 04-968 (Modification No. 2) shall become null and void. 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. 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. 11. 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 or her designee, prior to installation. 12. All requirements of the Building and Safety Division and the Planning Division shall be complied with prior to the final approval of the proposed construction. 13. Prior to the issuance of building permits, all school fees shall be paid. The applicant shall provide the City with written verification of compliance from the Unified School District. 14. The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday to Saturday. No construction shall take place on Sundays or on any legal holidays without prior approval by the City. 15. The Planning staff shall have access to the subject property at any time during construction to monitor progress. 16. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 17. Applicant shall obtain a public works permit for all work in or adjacent to the public right-of-way. 18. 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. 19. 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. 20. All utilities shall be placed underground, including facilities and wires for the supply and distribution of electrical energy, telephone, cable television etc. The underground conversion of these utilities shall consider all future connections to the satisfaction of the City Planner. 21. The dwelling units 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. 22. Window signage area shall be limited to a maximum of 15% of the window and door area. 23. The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within twenty-four (24) hours. A 24-hour, Graffiti Hotline can be called at (626) 569-2345 for assistance. 24. The site shall be maintained in a clean, weed and.litter free state in accordance with Sections 8.32.010-8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. The trash enclosure doors shall be closed at all times. 25. No portion of any required front and/or side yards shall be used for storage of any type. 26. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 27. Driveways and parking areas shall be surfaced and improved with Portland concrete cement, and thereafter maintained in good serviceable condition. 28. The parking area, including handicapped spaces, shall be paved and re-painted periodically to City standards to the satisfaction of the Planning Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking stalls shall be double striped and have wheel stops. Such striping shall be maintained in a clear, visible, and orderly manner. 29. A wall and fence plan will be required if any perimeter fencing or walls are proposed. The colors and materials of the proposed fence shall be consistent or compliment the submitted color and material board and first be approved by the Planning Division prior to installation (on file as Exhibit C). 30. Prior to issuance of Building Permits, a landscape and irrigation plan shall be submitted to the Planning Department for review, reflecting preliminary approval of landscape/site plan, referred to as Exhibit B, dated July 7, 2004. 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. 31. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Division. There shall be no mechanical equipment located on the sides of the building. Such equipment shall not exceed the height of the parapet wall. All ground level mechanical/utility equipment (including meters, back flow preservation devices, fire valves, A/C condensers, furnaces, utility cabinets 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 or other public space within the development. The City Planner shall approve said screening prior to installation. 32. Stamped concrete color shall be a medium to dark tone of gray. 33. Concrete block wall for the perimeter of the development shall be split face block with decorative smooth, precast, concrete caps. 34. All parking stalls adjacent to an obstruction must be widened by 2'-0". 35. The Rosemead Planning Commission must approve any changes to the approved plans. 36. Each unit shall be constructed exactly as approved; no as-built plans will be accepted. 37. No semi-trailer trucks (larger than 30'-0") are anticipated to make trips to the site and any trucks larger than this are prohibited. 38. The easterly driveway is to be limited to right-turn ingress and egress only. 39. Mission Drive must be restriped to provide a center two-way left-turn lane to facilitate left-turn ingress and egress traffic movements. 40. The perimeter wall is to be increased to 8'-0" in height on the east, west and south property lines. 41. The east, west and south property lines must be planted with fast growing, mature evergreen trees. Minimum 48-inch box. 42. Covenants, Conditions and Restrictions (CC&R's) shall be revised by the developer to reflect the elimination of moderate income condominium units, approved by the City Attorney, City Planner, and City Engineer and recorded on each of these tracts. The CC&R's will cover all aspects of maintenance of the common areas, including but no limited to driveways, fencing, landscaping, lighting, parking stalls, open space, recreation area, sewer maintenance, etc. 43. The amount of allowed restaurant use is limited to a total of 3,200 square feet. For this reason, Units A101 and B101, as shown on Exhibit "C," shall be limited to "office" and "retail" uses only. Although the remaining tenant spaces are shown on Exhibit "C" for possible restaurant uses, the total square footage allowed for restaurant use within the development is restricted to a maximum of 3, 200 square feet. 44. Restaurant uses within Building "B" as shown on Exhibit "C" shall be limited to exclude cooking, baking, or any preparation of food that requires the installation of a ventilation system for any heat producing appliance. Restaurant uses considered within Building "B" shall be limited to a yogurt, ice cream, delicatessen or sandwich shop, so the preparation of food is clearly incidental, such as the use of a small toaster oven to warm the food. 45. Dead and dying landscaping and trees, including potted trees and landscaping, shall be replaced within thirty (30) days of this approval. 46. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Division. Such equipment shall not exceed the height of the parapet wall. 47. Any substantial changes to the approved site plan, including the dividing up of tenant space, will cause the approved Sign Program, dated February 10, 2009, to become void, and a new sign program will be necessary. No signs will be approved for the project unless they meet the approved sign program requirements for placement, color, location, and size. 48. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings.