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PC - 2010-20 - Approving Modification 10-02 to Eliminate Conditional of Approval No. 2 under zone variance 84-115 at 705 San GabrielPC RESOLUTION 10-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 10-02, TO ELIMINATE CONDITION OF APPROVAL NO. 2 UNDER ZONE VARIANCE 84-115, TO ALLOW THE MODIFICATION OF THE SIGN CABINET ON AN EXISTING 58-FOOT TALL POLE SIGN TO BEAR THE NAME HOLIDAY INN EXPRESS. THE SUBJECT SITE IS LOCATED AT 705 SAN GABRIEL BOULEVARD, IN THE C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5288-004-062 TO 065). WHEREAS, on April 22, 2010, Swain Sign Inc. filed an application to eliminate Condition of Approval No. 2 under Zone Variance 84-115, to allow the modification of the sign cabinet on an 58-foot tall existing pole sign, located at 705 San Gabriel Boulevard; and WHEREAS, this property at 705 San Gabriel is located in the C-3 (Medium Commercial) zone; and WHEREAS, Section 17.108.020 sets the following criteria required for granting a variance which states that the granting of a variance shall not: Constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity; and Be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity; and That because of special circumstances, the strict enforcement of the code would deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications; and Adversely affect the comprehensive general plan; and WHEREAS, on June 10, 2010, twenty-six (26) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices posted in six (6) public locations and on-site, specifying the availability of the application, plus the date, time and location of the public hearing for Modification 10-02, and on June 11, 2010, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on June 21, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 10-02; 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 Modification 10-02 is Categorically Exempt from environmental review as a Class 11 Exemption pursuant to Section 15311(a) of the California Environmental Quality Act (CEQA). SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that the modification of the plan does not in any way alter the findings previously made by the Planning Commission to approve Zone Variance 84-115. On May 21, 1984, the Planning Commission determined that the zone variance met all the requisite standards set forth. Staff is only applying the requirements for the initial grant of the approval to the applicant's request for a modification. These criteria require: A. That the variance granted shall be subject to such conditions as will assure the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity in which the property is situated; FINDING: Modification 10-02 will not constitute a grant of privilege inconsistent with the limitations upon other properties in the vicinity. The original zone variance was approved by the Planning Commission on May 21, 1984. The modification of the sign cabinet will not affect the zone variance because the variance was based on height and not cabinet size. The applicant will continue to comply with the height and area limitations set forth in the zone variance approval. The modification is proposed to remove the business name limitation on the sign. Therefore, it will not constitute a grant of special privilege to the property owner but instead give the owner the same flexibility as owners of nearby parcels. B. That the granting of such variance will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity; FINDING: Modification 10-02 will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The zone variance was approved by the Planning Commission on May 21, 1984. The modification of the sign cabinet will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The applicant is proposing a simple upgrade of an existing pole sign cabinet to include the new Holiday Inn Express corporate sign colors and design. The height of the sign will not change. The modification is proposed to remove the business name limitation on the sign. C. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications; and FINDING: The proposed sign would not be deprived of a privilege enjoyed by other businesses in the area. The zone variance was approved by the Planning Commission on May 21, 1984. Strict enforcement of the zoning code would hinder visibility. The majority of signs in the area immediate vicinity include the name of the business. The elimination of Condition of Approval No. 2 will allow the business name on the proposed sign. D. That the granting of such variance will not adversely affect the comprehensive General Plan. FINDING: The zone variance was approved by the Planning Commission on May 21, 1984. The modification of the sign cabinet will not affect the zone variance, therefore will not adversely affect the comprehensive General Plan. The modification is proposed to remove the business name limitation on the sign. SECTION 3. The Planning Commission HEREBY APPROVES Modification 10- 02 to modify the sign cabinet on an existing pole sign previously approved under Zone Variance 84-115, to bear the name Holiday Inn Express, located at 705 San Gabriel Boulevard, subject to the 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 June 21, 2010, 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 21St day of June, 2010. William Alarcon, Chairman CERTIFI CA TI ON 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 this 21St day of June, 2010, by the following vote: YES: ALARCON, ENG, HERRERA, HUNTER AND RUIZ NO: NONE ABSENT: NONE ABSTAIN: NONE Sheri Bermejo, Secretary EXHIBIT "B" MODIFICATION 10-02 (ZONE VARIANCE 84-115) 705 SAN GABRIEL BOULEVARD CONDITIONS OF APPROVAL June 21, 2010 1. Modification 10-02 shall be in compliance and remain in compliance with all Conditions of Approval for Zone Variance 84-115, except Condition of Approval No. 2, in addition to the Conditions of Approval for Modification 10-02. 2. Approval of Modification 10-02 shall not take effect for any purpose until the applicant has 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. 3. Modification 10-02 is approved for a period of six (6) months. The applicant shall commence the proposed use or request an extension within 30-calendar days prior to expiration. The six (6) months 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 Modification 10-02 has been unused, abandoned or discontinued for a period of six (6) months it shall become null and void. 4. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved Plans where necessary. 5. Modification 10-02 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 Modification 10-02. 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. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building divisions for review. 8. 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. 9. 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. 10.AII requirements of the Building and Safety Division and the Planning Division shall be complied with prior to the final approval of the proposed construction. 11. 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 any federal holidays. The applicant shall give notice of construction times to residents and business owners within a 300' radius, no less than five days before construction. 12.The Planning staff shall have access to the subject property at any time during construction to monitor progress. 13.Applicant shall obtain a public works permit for all work in or adjacent to the public right-of-way. 14.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. 15. 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. 16.The onsite public hearing notice posting shall be removed within 30 days from the end of the 10-day appeal period of Modification 10-02. 17.Any future business name change on the cabinet of the existing 58-foot pole sign shall be reviewed and approved by the Planning Division. 18.AII future building wall signage proposed shall comply with the Rosemead Municipal Code. 19.Violation of the conditions of approval may result in citation and/or initiation of revocation proceedings.