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PC - 2009-19 - Conditional Use Permit 09-05 - minimall Development at 9011 Garvey AvePC RESOLUTION 09-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 09-05, FOR THE CONSTRUCTION OF A MINI-MALL DEVELOPMENT CONSISTING OF A 2,068 SQUARE-FOOT ADDITION TO AN EXISTING 1,828 SQUARE-FOOT BUILDING LOCATED AT 9011 GARVEY AVENUE IN THE M-1 (LIGHT MANUFACTURING AND INDUSTRIAL) ZONE (APN: 8595-011-009). WHEREAS, on June 18, 2009, Tony Hung and Sally Luu submitted a Conditional Use Permit application proposing to construct a mini-mall development, consisting of a 3,500 square-foot of commercial building located at 9011 Garvey Avenue; and WHEREAS, this property is located at 9011 Garvey Avenue and is currently located in the M-1 (Light Manufacturing and Industrial) Zone; and WHEREAS, Sections 65800 and 65900 of the California Government Code, and Section 17.112.010 of the Rosemead Municipal Code (RMC) authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WHEREAS applicant must obtain a Conditional Use Permit in order to create a development that meets the definition of a "mini-mall" and subject to specific development standards under Sections 17.112.030 (24) of the Rosemead Municipal Code. Rosemead Municipal Code Section 17.112.101 specifies the criteria by which a Conditional Use Permit may be granted and these criteria are as follows. • The establishment, maintenance and operation of the proposed use will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood; • The establishment, maintenance and operation of the use will not be detrimental or injurious to the property and improvements in the neighborhood; and • The establishment, maintenance and operation of the use will not be detrimental to the general welfare of the city; and WHEREAS, on September 10, 2009, twenty-eight (28) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices being posted in public locations, and the posting of an on-site public hearing notice specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 09-05; and WHEREAS, on September 21, 2009, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 09-05; 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 09-05 is classified as a Categorical Exemption pursuant to Section 15332(b) of California Environmental Quality (CEQA). Section 15332(b) of the California Environmental Quality Act exempts "in-fill development projects" where the proposed development occurs within City limit on a site measuring no more than five (5) acres substantially surrounded by urban uses, meeting applicable General Plan and Zoning regulations. Accordingly Conditional Use Permit 09-05 is classified as a Class 32 categorical exemption pursuant to Section 15332(b) of CEQA. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 09- 05 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The establishment, maintenance and operation of the proposed commercial building will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood. FINDING: The new development has been carefully designed to complement the existing neighborhood. The development incorporates a modern architecture design and new landscaping throughout. No adverse impacts are anticipated with this new development as the new restaurant and retail uses are consistent with other land uses currently operating within the neighborhood. Additionally conditions of approval have been added to ensure that the property will be routinely maintained in order to protect the welfare of persons working and residing within the neighborhood. B. The establishment, maintenance and operation of the use will not be detrimental or injurious to the property and improvements in . the neighborhood. FINDING: The proposed development has taken into consideration the adjacent property improvements to ensure consistency with the surrounding uses. The proposed site layout will allow easy pedestrian and vehicular access without any impediments. Staff has added conditions of approval to protect the surrounding properties from noise, vibration and other factors which may have adverse effects on the environment. A large trash enclosure will be designed to serve the commercial units on-site and shall be fully enclosed to prevent visual impacts. C. The establishment, maintenance, and operation of the use will not be detrimental to the general welfare of the city. FINDING: The proposed commercial development will be consistent with the General Plan Goal 2 which encourages opportunities for concentrated commercial and industrial uses that contribute jobs and tax revenue to the community. Restaurant and commercial uses are a common place in the general vicinity and the existing structures are in need of replacement with upgraded facilities. SECTION 3. The Planning Commission HEREBY approves Conditional Use Permit 09-05 to allow the development of a 3,500 square-foot minimall subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4. This resolution is the result of an action taken by the Planning Commission on September 21, 2009, by the following vote: YES: ALARCON, ENG,HERRERA, HUNTER AND RUIZ NO: NONE ABSENT: NONE ABSTAIN: NONE SECTION 5. 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 21s` day of September, 2009. Am Diana Herrera, Chairwoman 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 21 s` day of September 2009, by the following vote: YES: ALARCON, ENG, HERRERA, HUNTER AND RUIZ NO: NONE ABSENT: NONE ABSTAIN: NONE ~ft ec~ yz0VWV-A Sheri Bermejo, Secretary CONDITIONAL USE PERMIT 09-05 9011 Garvey Avenue (APN :8595-011-009) CONDITIONS OF APPROVAL September 21, 2009 1. The following conditions of approval 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. Conditions of approval listed on Exhibit "B" shall be copied directly onto final development plans submitted to the Planning and Building Division for review. 3. Conditional Use Permit 09-05 is approved for the construction of 3,500 square-foot mini-mall development consisting of three commercial tenants located at 9011 Garvey Avenue. The project shall be developed in accordance with the plans marked Exhibit "C," dated August 6, 2009 and submitted colored elevations and material sample boards. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 4. Conditional Use Permit 09-05 is approved for a one (1) year period. The applicant shall commence the proposed use or request extension within 30-calender days prior to expiration. The one 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 the Conditional Use Permit 09- 05 has been unused, abandoned or discontinued for a period of six months it shall become null and void. 5. Approval of Conditional Use Permit 09-05 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 of approval. 6. Conditional Use Permit 09-05 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 09-05. 7. 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. 8. The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications to the approved plans. 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. 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 School District. 12.City staff shall have access to the subject property at any time during construction to monitor progress and after construction to monitor compliance. 13.Occupancy will not be granted until all improvements required by this approval have been approved, completed and inspected by the appropriate department(s). 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 City approval. 15. Prior to construction commencing, the contractor shall schedule a pre- development meeting with the Planning Division staff to review the conditions of approval and construction plans. 16.Applicant shall obtain a public works permit for all work in or adjacent to the public right-of-way. 17. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of '/4 inches, 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 Division. 18.The parking lot shall comply with the adopted standards in the Rosemead Municipal Code, including the requirements as listed in Section 17.84 of the same code. 19.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. 20.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. 21.The developer shall comply with the City's storm water ordinance and Los Angeles County's SUSMP requirements with respect to planning and development of the site. 22.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. 23.Trash enclosure doors shall be self-closing and self-latching. The trash enclosure shall accommodate both a trash bin and a recyclable bin. 24.The applicant shall keep the electrical and mechanical equipment and/or emergency exits free of any debris, storage, furniture, etc., and maintain a minimum clearance of five (5) feet. 25.AII open area not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis, and landscaping shall substantially conform to the landscape plan shown in Exhibit "C" page L-2 as submitted to the City on August 16, 2009. 26.The landscaped areas shall be maintained with adequate landscaping on a regular basis, including the removal of trash and litter, the replanting of dead or missing shrubs and plants as shown on the aforementioned plans, as well as the periodic pruning of dead limbs and branches as necessary. Plants and trees shall be watered with an automatic controlled drip irrigation system and moisture censors. 27.A final landscape and irrigation plan shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. The landscape and irrigation plan shall include a sprinkler system with automatic timers and moisture sensors. The final plan shall incorporate evenly spaced vine pockets along the east and north property lines. The crape myrtle trees shall be replaced with 24-inch box evergreen shade trees to provide shade within the parking area. Landscaping in front of the south wall shall include at least two rows of plantings. Groundcover shall be used throughout all planters. 28.Adequate lighting shall be provided in the vehicle parking area. Down lit fixtures shall be used to shield light emissions onto adjoining properties. The overall height of the pole and fixture shall not exceed 20 feet. The style of the poles shall compliment the fixture design. Wall packs shall be prohibited. 29.All existing signage on-site, including the roof mounted sign and pole sign, shall be removed prior to Planning final inspection. Prior to installation of any new signage, the applicant/property owner shall submit a master sign program that complies with the Rosemead Municipal Code Section 17.112.030 (24) for review and approval. Window signage shall cover no than fifteen (15) percent of any window. 30.A security gate shall not be installed so as to prevent cars entering and exiting the subject site any time. 31.All existing perimeter fencing and barbed wire shall be removed. All new block walls located along the south and east property line shall consist of split-face block and have a decorative cap. The block wall color shall be a tan color instead of gray. 32. Prior to the issuance of a building permit, the applicant shall submit mechanical equipment location plan to the Planning Division for review. The plan shall show exact location of all air conditioning units, meters boxes, back flow prevention devices, transformers, junction boxes, relay boxes, and any other equipment boxes. 33.All wall mounted equipment shall be flush with the exterior building walls and painted to match the color of the exterior of the building and screened from the view of any public right-of-way. Ground and pad mounted mechanical or utility equipment and other such similar equipment shall be screened from view from all public rights-of-way and adjacent properties by architectural building features, fencing, or landscaping. 34. Clear glazing shall be used for all windows. Windows shall be treated with anti-etching film to provide protection from property damage. 35.Only one of the three tenant spaces shall be permitted for restaurant use due to the limited amount of parking provided onsite. 36.The onsite public hearing notice posting shall be removed within 30 days from the end of the 10-day appeal period of Conditional Use Permit 09-05. 37.Violation of the conditions of approval may result in a citation and/or initiation of revocation proceedings. 38.The applicant shall install one sign in front of the small parking (compact) stalls, in addition to pavement markings on the concrete for each stall. The applicant shall submit a sign detail to the Planning Division for review and approval prior to installation. (This condition was added by the Planning Commission on September 21, 2009.) 39. Prior to the issuance of building permits, the applicant shall either remove or cap the existing clarifier onsite to the satisfaction of the Los Angeles County Department of Public Works, Sanitation/Environmental Programs Division. Proof of clearance shall be submitted to the Planning Division. (This condition was added by the Planning Commission on September 21, 2009.) Engineering Conditions of Approval 40. Prior to the issuance of any building permit, the applicant shall execute and record an irrevocable offer of dedication to the City of Rosemead for a variable width strip of land (one to three feet wide), along the westerly street frontage of the applicant's property, to accommodate a new sidewalk and one (1) street tree within the new public right-of-way. The irrevocable offer of dedication shall be prepared by a licensed Land Surveyor or a Civil Engineer (authorized to practice land surveying) in the State of California, as well as approved as to form, by the City Attorney 41. Prior to the Building Official granting the building final, the applicant shall install a new sidewalk and one (1) street tree to the satisfaction of the City Engineer, in accordance with Exhibit C. Following the completion of the installation of the new sidewalk, trees and other public improvements, the City Engineer will recommend acceptance of the irrevocable offer of dedication to be made by the City Council. 42. The proposed "No Left Turn" sign at the Garvey Avenue driveway is located correctly (on the east side of the driveway) but the sign should be turned (90-degrees) to face any eastbound vehicles on Garvey Avenue that may try to access this driveway. 43. The existing red curb on Garvey Avenue in front of the project shall be repainted. 44. New red curb shall be painted on Garvey Avenue from the existing access ramp west to the corner access ramp. 45. The existing red curb on Rosemead Place in front of the project shall be repainted. 46. New red curb (15 feet) shall be painted on Rosemead Place from the driveway access north 15 feet. 47. New red curb (15 feet) shall be painted on Rosemead Place from the alley south 15 feet.