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CC - Item 2C1 - Approving Planned Development Review 01-01 For The Development Of A Parking Area For Passenger Vans As Part Of An Automotive REntal Business, Located AT 3675 Rosemead Blvd I The P-DRESOLUTION 2002-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNLA APPROVING PLANNED DEVELOPMENT REVIEW 01-01 FOR THE DEVELOPMENT OF A PARKING AREA FOR PASSENGER VANS AS PART OF AN AUTOMOTIVE RENTAL BUSINESS, LOCATED AT 3675 ROSEMEAD BOULEVARD IN THE P-D; PLANNED DEVELOPMENT ZONE. (APN: 5390-017-050). WHEREAS, 'Ming-You Product Corporate DBA Rent-4-Less of 1412 Annadel Avenue, Rowland Heights, California 91748 has submitted a planned development review application for development of a parking area for passenger vans as part of an automotive rental business in the P-D;. Planned Development Zone located at 3675 Rosemead Boulevard on December 20, 2001; and WHEREAS, 3675 Rosemead Boulevard is located in the P-D; Planned Development zone; and NVIIEREAS, Sections 65500 8: 65900 of the California Government Code and Chapter 17.16 of the Rosemead Municipal Code authorize the City Council to approve, conditionally approve or deny planned development reviews; and WHEREAS, Section 17.76.070 of the Rosemead Municipal Code (RMC) specifies the criteria Uy which a planned development review may be modified; and WHEREAS, on March 14,2002,' 6 notices were sent to property owners within a300-foot radius from the subject property, in addition to notices posted in 12 public locations, specifying the availability, of the application, plus the date, time and location of the public hearing for Planned Development Review 01-01; and NAMEREAS, on March 26, 2002, the City Council held a duly noticed and advertised public hearing to receive oral and written testimony relative to Planned Development Review 01-01; and WHEREAS, the Rosemead City Council has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemead as follows: SECTION 1. The City Council HEREBY DETERMINES that this activity is exempt from further CEQA review under section 15304 of CEQA, which exempts projects that consist of minor alterations in the conditions of the land, such as grading, gardening, and landscaping that do not affect sensitive resources. EXHIBIT F Item II - C.1 City Council 03-26-02 Resoludon No. 2002-16 Rosemead Cite Council March 26. 2002 SECTION 2. The City Council HEREBY FINDS AND DETERMINES that facts do exist to justify approving Planned Development Review 01-01 according to criteria of Section 17.116.01 of the Rosemead Municipal Code as follows: A. 'Whenever the public necessity, convenience, general welfare or good zoning practice justifies such action, the City Councilor City Council, upon its own motion, or upon the verified application of one or more owners, or of a public or private agency that is or will be a plaintiff in eminent domain with respect to property affected by such zoning or regulation, may initiate proceedings to change any zone or regulation, established by this title. FINDING: Based on the above discussion; staff feels that the proposed development is appropriate, given its location, proposed operating hours and floor plan, and would not be detrimental to the surrounding properties and land uses in the general area. In addition, the applicant has expressed their intent to provide site improvements that will increase visibility and beautify the existing area. Though staff finds no foreseeable negative impacts to the adjacent . neighborhood with this requested use, conditions have been incorporated to address possible issues related to the proposed business. The existing site has already been developed as a parking area, which is appropriate to the requested land use. Since this area is underutilized and considering the extensive site improvements proposed, this development request would integrate suitably with the intent of the present planned development and the surrounding land uses. SECTION 3. The City Council APPROVES Planned Development Review 01-01, for development of a parking area for passenger vans as pail of an automotive rental business in the P-D; Planned Development Zone, on property located at 3675 Rosemead Boulevard, subject to conditions listed in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 26" day of March 2002. JAY IMPERIAL, MAYOR ATTEST: NANCY VALDERRAMA, City Clerk Resolution No. 2002-16 Rosemead Ciro Council March 26, 2002 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF ROSEME.AD ) I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2002-16 being: . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEME.AD, COUNTY OF LOS ANGELES, STATE OF CALIFORNLA RECOMMENDING APPROVAL TO THE CITY COUNCIL OF PLANNED DEVELOPMENT REVIEW 01-01 APPROVING DEVELOPMENT OF A PARKING AREA FOR PASSENGER VANS AS PART OF AN AUTOMOTIVE RENTAL BUSINESS, LOCATED AT 3675 ROSEMEAD BOULEVARD IN THE P-D; PLANNED DEVELOPMENT ZONE. (APN: 5390-017-080). was duly adopted at a regular meeting of the City Council on the 26" day of March, 2002, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: NANCY VALDERRAMA, City Clerk Yes: Taylor, Bruesch, Clark, Vasquez No: None Absent: Imperial Abstain: None The Mayor Pro Tem declared said motion duly carried and so ordered. A 5-minute recess was taken at 9:20 p.m. and reconvened accordingly. H. PUBLIC HEARINGS An explanation of the procedures for the conduct of the public hearing was presented by the City Attorney. The following item was taken out of order. ftft~. PUBLIC HEARING: PLANNED DEVELOPMENT REVIEW 01-01- 3675 ROSEMEAD BOULEVARD Brad Johnson, Planning Director, presented the staff report. The Mayor Pro Tern opened the public hearing for the applicant or representative to speak on the project. Howard Mehler, 135 S. Beverly Drive, Beverly Hills, stated that he is representing the property owners, who also own the Goodyear Tire Center as well as the adjacent back lot. Mr. Mehler stated that this project will provide an opportunity to improve a blighted lot and to add to the attractiveness of the environment. Mr. Mehler stated that plans include extensive landscaping, as well as cleanup and landscaping improvements to the Goodyear Tire Center. Mr. Mehler stated that that includes planting shrubs at regular intervals.along Marshall Street, and embellishment of the 10' setback along Rosemead Boulevard. Another addition would be the installation of automatic sprinklers, and to include lease provisions to the new tenant to provide for weekly landscaping maintenance and litter disposal. Mr. Mehler stated that provisions have been made for permanent protective 6'. block wall barriers for the parking area along the south and west portions; and 3' block wall plus 1' of wrought iron facing the north and east sides of the lot.. Councilman Taylor stated that the only objection he has is to the south half of the east wall which shows 6' of block wall. Mr. Taylor stated that he is concerned for security reasons that no one can see into the lot, especially at night. Mr. Taylor pointed out that people coming out of the restaurant at night can observe any unusual activity at night if that wall had fencing one could see through, such as chain link. CCMIN:3.26-02 Page N6 Mr. Mebler continued that another safety feature to reduce criminal activity is the installation of improved lighting. Two new light standards will be installed on the east side of the lot to improve visibility. Mr. Mehler explained that the light standards will be a lower wattage (250 W MH) and have a baffle to disperse the light. Mayor Pro Tern Bruesch asked what type of deflector will be used at that corner. Mr. Bruesch stated that deflectors, although a softer light, spread the same light over a greater distance. Mr. Mehler responded that one of the Conditions was to move the northwest standard to the northeast side. Both standards will be on the driveway side, 60' to 70' away from the homes. Councilmember Clark stated to Mr. Mehler that she has received numerous calls from the residents next door complaining about the trash and debris left there. Ms. Clark stated that they have suffered enough. Mr. Mehler replied that much of the day-to-day maintenance rests with Goodyear Tire Company. Mr. Mehler stated that they (the property owners) have a maintenance service once a month to maintain the back lot. However, they cannot continue to improve a property just to have it lay vacant, they need a tenant. The tenant tonight, is willing to negotiate and participate in all the drafting of the plans and to commit to a long-term lease. The Mayor Pro Tern opened the public hearing for those in the audience wishing to. speak in favor of the project. No one in the audience wished to speak. _ .The Mayor Pro Tern opened the public hearing for those in the audience wishing to speak against the project. Joan Hayhurst, 8935 Marshall, Rosemead, speaking against the project, stated that the proposed block wall will be graffitied within one week. Ms. Hayhurst stated that the existing fence is an eyesore. The gardeners come once a month, but they only clean the inside of the lot. The rest of the area attracts trash and litter. Ms. Hayhurst continued that the trash bins from the Ramada Inn are always overflowing. Also, traffic has been a problem and is worse now and the left-turn lane signal eastbound onto Rosemead Boulevard is too short. Ms. Hayhurst stated that currently, the streetlight shines into her house. Sally Harris, 3718 Greendale, Rosemead, stated that she lives on a cul-de-sac off of Marshall. Ms. Harris stated that the driveway area to the proposed business is always congested. She and her neighbors are concerned that this will turn out to be a blighted area. Ms. Harris continued that the City would do the residents a great service by not allowing this business, and to have Goodyear start cleaning up their property. Ms. Harris concluded that the landlords have not maintained the empty lot over the years. CCMIN:3-26-02 Page #7 Alex Chavez, 8926 Marshall Street, Rosemead, stated that he lives next door to the empty lot, and that over years many promises have been made to beautify that area, but it remains the` same if not worse now. Mr. Chavez stated that their kitchen window is less than 5' from the proposed block wall. The security light will shine into that side of their house. Councilmember Clark asked Mr. Chavez if he prefers chain link fencing? Mr. Chavez responded that the best solution is to beautify the area and turn it into a parking lot for Goodyear and Denny's. David Chavez, 8926 Marshall Street, Rosemead, stated that a passenger van business was attempted a few years ago. The vans knocked down the fencing and generated more trash. Juan Nunez, 2702 Del Mar, Rosemead, stated that the light standards on the northeast and southeast corner would shine into the Chavez residence. Mr. Nunez agreed that a block wall will invite more graffiti. There being no one else in the audience wishing to speak in opposition, the public hearing was turned over to the applicant for his rebuttal. Mr. Mehler, in rebuttal, countered that this is an-opportunity to improve the area. Mr. Mehler stated that 13 vans should not impact the overall traffic burden, and that the parking stalls are actually under utilized. Mr. Mehler continued that lease provisions could be imposed to ensure weekly maintenance on the part of the lessee. Mr. Mehler, stated that the lights will be pointed downwards and can be shielded to prevent. excessive illumination or spread of the candlepower. - The Mayor Pro Tem closed the public hearing. Councilman Taylor stated that the biggest problem seems to be the Goodyear tenants not keeping the landscaping maintained on the parkways and parking lot. Mr. Mehler replied that the City issued 'a Stop Work Order the last time that Goodyear tried to install a sprinkler system because they had failed to pull the necessary permits. Mr. Mehler continued that he has agreed to bring the sprinkler system up to code. Councilman Taylor stated that he does not like the innuendo that the City prevented Goodyear from installing a sprinkler system. Legitimate contractors are aware that a permit is necessary. Mr. Taylor asked that when the proposed project is developed and landscaped, what happens to the existing Goodyear landscaping? How will a new agreement to maintain their property be obtained? Mr. Mehler replied that the parking area will be landscaped as well as the Marshall Street frontage. CCMII13-26-02 Page #8 - Councilman Taylor asked Mr. Mehler how they are going to get Goodyear to be a good neighbor? Mr. Mehler replied that they can pay for the landscaping and maintenance on the Goodyear property also. Councilman Taylor stated that Goodyear, according to the complaints voiced tonight, has not been a good neighbor. Mr. Taylor continued that it will be up to the property owner to guarantee to the City that they will interlock the irrigation system and maintain the entire parcel. Brad Johnson, Planning Director, replied that Condition No. 9, while not being specific, addresses that all existing landscape areas for that parcel shall be cleared of litter, debris, and deceased trees and landscaping will be replaced with new plants. Councilman Taylor stated.that new developers do this continuously. They.will landscape .and clean and area as required, then practically abandon the site. Councilman Taylor stated that he wants assurance of continuity in that the parcel will be maintained weekly. Mr. Johnson stated that Condition No. 21 calls out for a permanent landscape maintenance program. Mayor Pro Tern Bruesch and Councilman Taylor agreed that amendment include the clause that maintenance is to include the entire parcel. Mayor Pro Tent Vasquez stated that he is amazed at the number of years this parcel has been neglected and the arrogance that Goodyear has demonstrated in not attending the Planning Commission or City Council meetings. Mr. Mehler stated that he will notify the legal department of Goodyear of the existing conditions and the need for an express agreement for landscape maintenance. Mayor Pro Tern Bruesch asked if time limits can be added to the conditional use permit. Mr. Kress replied that it is not a conditional use. Mr. Kress stated that the code enforcement mechanism can be used if the obligations to maintain the property are not met. Councilmember Clark asked what recourse does the City have if they don't comply? Mr. Johnson replied that there is a conditional use permit for the business that operates out of the Glendon Way Hotel, which has time restraints on it. If these two projects are tied together, that same conditional use permit mechanism can be used to review both properties. CCMIN:3-2602 Page n9 b Mr. Kress stated that general code enforcement can be used for litter, graffiti and those types of issues. Someone from audience asked what will happen when the property is no longer managed by Mr. Mehler. Councilman Taylor responded that is why everything has to be in writing. Mayor Pro Tern Bruesch addressed street lighting and technical ways to make the lights softer so that it does not impinge on the immediate area. Councilman Taylor stated that a shield can be placed on the back of the light and it will stop the shadow line at the wall. Mr. Taylor explained that the light post on the n/w corner can cut the shadow line at the property line and shine the light only to the east. Councilmember Clark stated that she agrees with the residents that the block wall will become a graffiti nightmare. Ms. Clark stated that wrought iron fencing should be required as it will allow visibility. Councilman Taylor suggested that Mr. Chavez consider his east property line. If a block wall is not installed there, then he will have workers and people meandering near his driveway, invading his visual privacy. Mr. Chavez replied that he accepts the block wall on the driveway side. Councilmember Clark requested that these issues be tied to the conditional use permit so that input can be received from the neighboring residents as to any noncompliance, that a block wall be installed on the east side of Mr. Chavez's property, the other fenced areas be of wrought iron, and the light be on the northwest pole be shielded so that it does not shine into the homes. Mr. Johnson replied that a CUP review is on the agenda as a consent item, rather than a public hearing. Councilman Taylor stated that the residents now know that they have the right to file a complaint. Mayor Pro Tern Bruesch asked Mr. Chavez if he prefers a wrought iron fence or a block wall. Mr. Chavez replied that he prefers a block wall, and added that his concrete driveway is cracked from the trees that once were in the lot. Mayor Bruesch summed up that the Council is trying to beautify an area that has been an eyesore for the past 15 to 20 years. CCM[N:3-26-02 Page #10 MOTION BY COUNCILMEMBER CLARK, SECOND BY COUNCILMAN TAYLOR adopt Resolution No. 2002-16, approve Planned Development Review 01-01, subject to the conditions that a 6' block wall be installed on the west property and 6' wrought iron on the remainder of the property; the northwest light be positioned so that it does not shine into the homes; that the landscaping include regular maintenance for the entire parcel; and the CUP be subject to review with input from the public. Vote resulted: Yes: Taylor, Bruesch, Clark, Vasquez No: None Absent: Imperial Abstain: None The Mayor Pro Tern declared said motion duly carried and so ordered. VH. MATTERS FROM OFFICIALS The following item was taken out of order. A. REQUEST FOR FUNDING FROM THE. WEST SAN GABRIEL VALLEY YMCA Councilmember Clark asked if the Council favors all or a portion of the funds earmarked for Camp Ta Ta Pochon. It was the general consensus of the Council that it would be a good use of City funds to earmark funds to Camp Ta Ta Pochon. _ MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN VASQUEZ that the Council approve this request and that the allocation come from the Appropriated Reserves. Vote resulted: Yes: Taylor, Bruesch, Clark, Vasquez No: None Absent: Imperial Abstain: None The Mayor Pro Tem declared said motion duly carried and so ordered. Mayor Pro Tem Bruesch suggested that the YMCA increase their outreach efforts to the southern portion of the City, especially with the Garvey School District. H. PUBLIC HEARINGS CCM[N:3.26-02 Page #11