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PC - Item 5B - Conditional Use Permit 10-05 and Design Review 10-04ROSEMEAD PLANNING COMMISSION STAFF REPORT TO:. THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: DECEMBER 20, 2010 SUBJECT: CONDITIONAL USE PERMIT 10 -08 AND DESIGN REVIEW 10 -04 8547 VALLEY BOULEVARD Summary Joseph Su has submitted Conditional Use Permit and Design Review applications proposing to remodel an existing tire service center building and convert it to a four unit commercial /office mini -mall building. The project includes a renovated facade of the existing 4,735 square foot building, redesigned parking layout, and enhanced landscaping. The site is located at 8547 Valley Boulevard in the C -31D (Medium Commercial with Design Overlay) zone. Environmental Determination: Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist of the installation of the minor alteration of existing structures involving negligible expansion of the previous use. The conversion of a tire service center to a mini -mall will result in a negligible expansion of uses on the site since the uses permitted in the project are only ones that are already permitted in the C -3D zone (except eating establishments) and could otherwise occupy the existing building absent the Conditional Use Permit. Accordingly, Conditional Use Permit 10 -08 and Design Review 10 -04 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA guidelines. Staff Recommendation Based on the analysis and findings contained in this report, staff recommends that the Planning Commission APPROVE Conditional Use Permit 10 -08 and Design review 10- 04 and ADOPT Resolution No. 10 -35 with findings (Exhibit "A "), subject to the thirty - seven (37) conditions outlined in Exhibit "B" attached hereto. Property History and Description The subject site is located on the northwest corner of the intersection of Valley Boulevard and Walnut Grove Avenue. The site is at the western edge of the downtown Planning Commission Meeting December 20, 2010 Page 2 of 21 Rosemead area. The property is developed with a 4,735 square foot commercial building that was most recently occupied by a tire service facility. The building has six roll -up doors on the east side of the building. The site consists of one (1) parcel, totaling approximately 0.33 acres. Planning Division records indicate that no entitlements have been approved for this property. View looking west from Walriut Grove Avenue Site & Surrounding Land Uses The project site is designated in the General Plan as Commercial and is zoned C -31D (Medium Commercial with Design Overlay). The site is surrounded by the following land uses: North: I General Plan: High Density Residential Zoning: R -3 (Medium Multiple Residential) Land Use: Apartment buildings I South: General Plan: Commercial and High Intensity Commercial Planning Commission Meeting December 20, 2010 Page 3 of 21 Zoning: C -31D (Medium Commercial with Design Overlay) and C -4 (Regional Commercial) Land Use: McDonald's Restaurant, Barr Lumber commercial site. East: General Plan: Commercial Zoning: C -3D (Medium Commercial with Design Overlay) Land Use: Restaurant and commercial buildings West: General Plan: Commercial Zoning: C -31D (Medium Commercial with Design Overlay) Land Use: Commercial buildings and SCE right -of -way Administrative Analysis The proposed project includes the conversion of a now vacant tire service facility into a mini -mall development. Because the proposed use of the building includes two or more commercial uses on a site that is less than one acre, the proposed project fits the definition of a mini -mall development and pursuant to Section 17.112.030.24 of the Rosemead Municipal Code (RMC), a Conditional Use Permit is required. Additionally, pursuant to Section 17.72.040 of the RMC, the proposed renovations to the exterior of the building requires approval of a Design Review application by the Planning Commission. Site Plan As illustrated in "Exhibit C," the applicant is proposing to convert the existing building into a commercial and office building consisting of four (4) commercial /office tenant units. Each tenant space would range between 1,001 and 1,336 square feet in area. The subject property is approximately 94 feet wide by 153.3 feet deep and fronts Valley Boulevard. The parking area is located along the eastern portion of the lot, adjacent to Walnut Grove Avenue. The parking lot will be improved with new striping and landscaping. The total floor area of the building will remain the same. The applicant is also proposing to install a new trash enclosure with a decorative trellis roof along the northern property line. The trash enclosure has been designed to compliment the building architecture. Staff has added conditions of approval requiring that trash enclosure doors be self - closing and self - latching, and that the trash area be routinely maintained clean free of trash and debris. Floor Plan The single -story commercial building will be developed as a mini -mall comprised of four (4) tenant spaces. According to the plans, Unit A is proposed with 1,198 square feet of gross floor area, Unit B is 1,200 square feet, Unit C is 1,336 square feet, and Unit D will be 1,001 square feet. Each unit will have a unisex restroom. Each unit may be occupied by commercial and /or office uses as permitted in the C -3 Zone. No restaurants are Planning Commission Meeting December 20, 2010 Page 4 of 21 proposed because there is insufficient on -site parking for restaurants. Elevations The applicant is proposing to modernize the fags The purpose of the proposed improvement is to as provide much needed maintenance to tt constructed of concrete blocks and painted b corrugated wall panels to the south and east building. These will be a slate gray color and b( remaining concrete block that will remain exl installed along the east side of the building with further add visual interest in the fagade of the bui irking to accommodate the required e of the existing commercial building. pdate the look of the building, as well entire property. The building is ige. The applicant proposes to add levations to improve the look of the contrasted against a tan color on the )sed. New glass storefronts will be weral red trim architectural accents to The applicant is also proposing to paint the westlside of the building with a pattern and colors complementary to the new materials that will be introduced on the south and east elevations. I The applicant is adding four (4) 6' -8" tall architectural screening elements on the roof. These are designed to break -up the low horizontal look of the building and to provide screening for new roof -top, air conditioning equipment and a Iocation for new tenant signage. Section 17.12.230 of the Rosemead Municipal Code specifies that all commercial and manufacturing zones that abut R -1 and R -2 zones shall have a variable height limitation requirement. Since the property to the north of the subject site is zoned R -3, the variable high limits do not apply to this project. Parking and Circulation The site is accessed via two (2) existing driveways on Valley Boulevard and Walnut Grove Avenue. The existing driveway along Valley Boulevard will remain at 16' -0" wide and the driveway along Walnut Grove Avenue will be reduced from 78' -2" wide to 25' -0" wide. A 2'-4" dedication of land is also being requested by the City Engineer on the Walnut Grove Avenue right -of -way to increase the sidewalk and parkway width from 7'- 8" to 10' -0" in order to meet City and ADA standards. A surface parking lot will be provided on the east 'side of the property. A total of nineteen (19) parking spaces will be provided on site, which includes fourteen (14) standard spaces, four (4) compact spaces and one (1) handicapped parking space. The parking lot will be designed with angled parking and one -way circulation with the entrance to the parking lot on Valley Boulevard and the exit at the driveway on Walnut Grove Avenue. Due to the relatively narrow width of the lot it is not possible to provide ninety (90) degree angle parking and a two -way drive aide while also providing the required parking lot landscaping. Planning Commission Meeting December 20, 2010 Page 5 of 21 Per Rosemead Municipal Code (RMC) Section 17.84.100 (A), any retail or office land use must provide one parking space for every 250 square feet of floor area. Since the commercial building has a combined floor area of 4,735 square feet, nineteen (19) parking spaces are required. The site plan indicates that the subject site meets this requirement-by providing nineteen (19) stalls. It is important to note that because the parking lot has just enough parking to meet the parking requirements for retail /office uses, there is not enough on -site parking to allow for any restaurants or other food establishments to occupy the tenant spaces. A condition of approval has been incorporated into Planning Commission Resolution 10 -35 prohibiting restaurant uses on the site. Staffs site inspection revealed that the parking lot area is currently being used as overflow parking for a beauty school located on an adjacent property. Staff has also incorporated a condition of approval to prohibit the use of the subject site for any off -site parking for any adjacent properties. Landscaping and Fencing The site currently has minimal landscaping around the front of the building on Valley Boulevard. The applicant is proposing approximately 2,831 square feet of new landscaping for the site. The landscaping requirements comply with the standards in the RMC. As required by the RMC,'the applicant is proposing to construct a new three -foot tall decorative block wall along the east property line which abuts the parking stalls. This wall will separate the parking stalls from the pedestrian walkway at the side property line. A new block wall is also proposed along the north property line separating the project site from a multiple family dwelling. The first twenty (20) feet of this wall will be three (3) feet tall and the remaining 74 feet of the wall will be six (6) feet tall and constructed of split face block. Lighting According to the photometric plan, two (2) light pole fixtures are proposed in the parking lot. The new building facade will also incorporate decorative wall mounted light fixtures. A condition of approval has been added to ensure that all new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Signage The applicant is proposing to install a new wall sign on the front elevation of the building and four (4) new signs on the new roof screening elements that have been added to the east elevation. A new monument sign is also proposed to replace the pole sign at the southeast corner of the site. A condition of approval has been added, requiring that the applicant submit a master sign program to the Planning Division for review and approval prior to Planning Division final inspection. Planning Commission Meeting December 20, 2010 Page 6 of 21 Municipal Code Requirements Section 17.112.030.24 of the RMC allows the d the granting of a Conditional Use Permit by the 17.112.010 sets the following criteria that must N • The granting of such conditional use permit objectives of the General Plan; and met: The site is designated in the General Plan a! commercial building most recently used for a is in conformity with the General Plan, in Design Overlay) zoning is a correspondinc General Plan land use category. Section 17 mall and similar developments..." in the C -3 z Use Permit pment of mini -mall projects upon ning Commission. RMC Section be in harmony with the elements or Commercial and is developed with a :ire service facility. The proposed use iat C -31D (Medium Commercial with zone district with the Commercial 112.030.24 of the RMC allows "mini - ne upon the granting of a Conditional 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; and The proposed mini -mall project will permit commercial and office uses similar to those types of uses that are found on properties in the surrounding area. The proposed development is consistent with existing land uses in the neighborhood and conditions of approval have been included with the project to protect the welfare of persons working and residing in the neighborhood including the location of the trash enclosure, adequate parking, and complementary architectural design features proposed within the overall design of the budding. • The establishment, maintenance, and will not, under the circumstances of the the general welfare of the City; of the proposed use so applied for case, be detrimental or injurious to The new development has taken into consideration the adjacent properties and improvements surrounding the site and has added high quality architectural design to complement the neighborhood. A six -foot tall wall is being provided on the north side of the property to buffer the residential property to the north. The building is only one story tall which is consistent with surrounding developments. Also, the proposed office and retail uses typically doInot generate excessive noise which might be harmful to surrounding properties. Therefore, the proposed design and use of the site for a small mini -mall development will not be injurious or detrimental to the general welfare of the City. i Section 17.72.030 of the RMC states that Design; Review procedures shall be followed Planning Commission Meeting December 20, 2010 Page 7 of 21 for all improvements requiring a building permit or visible changes in form, texture, color, exterior fagade or landscaping. Section 17.72.050 of the RMC provides the criteria by which the Planning Commission may approve, approve with conditions, or deny a Design Review application: • The plans indicate proper consideration for the relationship between the proposed structure and site developments that exist or have been approved for the general neighborhood; The proposed building and site renovation is located within an established commercial district of the City. The applicant has provided an aesthetically complementary design and the proposed improvements will vastly improve the existing commercial building and its relationship to the commercial district. Additionally the size and orientation of the building and the parking lot will not be altered. The proposed project is consistent with Goal 2, Policy 2.5 of the Land Use Element of the City's General Plan in that it calls for the upgrading of commercial uses by implementing architectural and design reviews of proposals for remodel of existing buildings. • 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. All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Conditions of approval have been incorporated to eliminate any adverse effects on the environment as a result of the proposed project. This development will not generate any permanent impacts to noise levels for the surrounding area. All construction work will be required to comply with the timeframe, and decibel levels indicated in the City's Noise Ordinance (Ordinance 478 and 541). Conditions of approval will specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting and the overall maintenance of the property. • The proposed structure or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing building 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 will improve the physical appearance of the existing commercial building and the overall site. The improvements to the site in terms of new landscaping and pavement treatments in the parking lot will provide a marked improvement over the appearance of other buildings at the intersection of Valley Planning Commission Meeting December 20, 2010 Page 8 of 21 Boulevard and Walnut Grove Avenue, which is one of the key intersections in the downtown Rosemead area. • 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. The property is at the west edge of the civic center area, but there is no precise plan or land reserved for public or educational use, so there is no special need to create harmony with the general area. Notwithstanding this, the approved design will create a development that is aesthetically complementary to the surrounding area and which has the potential to enhance land values in the general area. This is due to the proposed upgrade of the existing building fagade with higher quality materials, a design that blends better with the area, and greatly improved landscaping. • 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; and This proposed development meets all of the minimum code requirements for the C- 3D (Medium Commercial with Design Overlay) zone, and all applicable referenced code sections of the Rosemead Municipal Code. • 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 lof the development from the view of public streets. Ingress to the site is located on Valley Boulevard via a 16' -0" wide driveway and egress will be on Walnut Grove Avenue via a 25' -0" foot wide driveway. The reduction in width of the Walnut Grove Avenue driveway from 78' -2" to 25' will improve traffic circulation be removing a portion of a driveway that is too close to the intersection. The parking lot is conveniently located to the east of the commercial building. All parking lot lighting will be fully, shielded and directed downwards to mitigate glare on adjacent properties. Lastly, this building renovation will greatly improve the visual effect of the site from thi view of the public streets, primarily Walnut Grove Avenue. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300' radius public hearing notice I to twenty -six (26) property owners, publication in the San Gabriel Valley Tribune, and postings of the notice at the six (6) Planning Commission Meeting December 20, 2010 Page 9 of 21 public locations and on the subject site. Prepared by: P ✓� Paul Garry Senior Planner EXHIBITS: Submitted by: i st. Communit �lopment Director Y A. Planning Commission Resolution No. 10 -35 B. Conditions of Approval C. Site Plan /Floor Plan /Elevations D. Assessor Parcel Map (5372- 020 -046) Planning Commission Meeting December 20, 2010 Page 10 of 21 EXHIBIT "A" PC RESOLUTION 10 -35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 10 -08 AND DESIGN REVIEW 10 -04, FOR THE CONVERSION OF A COMMERCIAL BUILDING INTO A MINI -MALL PROJECT AND THE RENOVATION OF THE BUILDING, LOCATED AT 8547 VALLEY BOULEVARD IN THE C- 3D (MEDIUM COMMERCIAL WITH DESIGN OVERALY) ZONE. (APN: 5372 - 020 -046). WHEREAS, on November 4, 2010, Joseph Su submitted Conditional Use Permit and Design Review applications proposing to remodel an existing tire service center building and convert it to a four unit commercial /office mini -mall building. The project includes a renovated facade of the existing 4,735 square foot building, redesigned parking layout, and enhanced landscaping. The project is located at 8547 Valley Boulevard; and WHEREAS, 8547 Valley Boulevard is located in the C -31D (Medium Commercial with Design Overlay) zone; and I} WHEREAS, Section 17.112.030.24 of the Rosemead Municipal Code (RMC) allows "mini -malls and other similar developments meeting the definition set forth in Section 17.04.020 and located in the C -1, C -3, CBD, M -1 and P -D zones ... ", upon the granting of a Conditional Use Permit (CUP). Section 17.112.010 sets the following findings required for granting such a permit: A. The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan. B. The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood thereof; and C. The granting of such conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. WHEREAS, Sections 17.112.010 of the Rosemead Municipal Code specifies the findings by which a Conditional Use Permit may be granted; and WHEREAS, Section 17.72.050 of the Roisemead Municipal Code provides the purpose and criteria for a design review; Planning Commission Meeting December 20, 2010 Page 11 of 21 WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny Conditional Use Permits; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.72.050 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny Design Review applications; and WHEREAS, on December 9, 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 Conditional Use Permit 10 -08 and Design Review 10 -04; and on December 10, 2010, notice was published in the San Gabriel Valley Tribune; and WHEREAS, on December 20, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 10 -08 and Design Review 10 -04; 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 10 -08 and Design Review 10 -04 is Categorically Exempt from environmental review as a Class 1 Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA). SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 10 -08 according to the findings of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The granting of such Conditional Use Permit will be in harmony with the elements or objectives of the General Plan. FINDING: The site is designated in the General Plan as Commercial and is developed with a commercial building most recently used for a tire service facility. The proposed use is in conformity with the General Plan, in that C -31D (Medium Commercial with Design Overlay) zoning is a corresponding zone district with the Commercial General Plan land use category. Section 17.112.030.24 of the RMC allows "mini -mall and similar developments..." in the C -3 zone upon the granting of a Conditional Use Permit. Planning Commission Meeting December 20, 2010 . Page 12 of 21 i i 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 proposed mini -mall project similar to those types of uses that are found on F proposed development is consistent with existin conditions of approval have been included with persons working and residing in the neighboncc enclosure, adequate parking, and compleme proposed within the overall design of the building. Al permit commercial and office uses operties in the surrounding area. The land uses in the neighborhood and the project to protect the welfare of A including the location of the trash itary architectural design features C. The Conditional Use Permit applied ford is authorized by the provisions of this title and that the granting of such conditional use permit will not be injurious to the property or improvements in the neighborhood or to the general welfare of the city. FINDING: The new development has 1 properties and improvements surrounding th architectural design to complement the neight provided on the north side of the property to bufl north. The building is only one story tall u developments. Also, the proposed office and excessive noise which might be harmful to a proposed design and use of the site for a sn injurious or detrimental to the general welfare of I <en into consideration the adjacent site and has added high quality rhood. A six -foot tall wall is being it from the residential property to the rich is consistent with surrounding etail uses typically do not generate rrounding properties. Therefore, the II mini -mall development will not be City. SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 10 -04 according to the findings of Chapter 17.72.050 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 proposed building and site renovation is located within an established commercial district of the City. The applicant has provided an aesthetically complementary design and the proposed improvements will vastly improve the existing commercial building and its relationship to the commercial district. Additionally the size and orientation of the building and the parking lot will not be altered. The proposed project is consistent with the Goal 2, Policy 2.5 of the Land Use Element of the City's General Plan in that it calls for the upgrading of commercial uses by implementing architectural and design reviews of proposals for remodel of existing buildings. Planning Commission Meeting December 20, 2010 Page 13 of 21 B. The plan for the proposed building 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: All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Conditions of approval have been incorporated to eliminate any adverse effects on the environment as a result of the proposed project. This development will not generate any permanent impacts to noise levels for the surrounding area. All construction work will be required to comply with the timeframe, and decibel levels indicated in the City's Noise Ordinance (Ordinance 478 and 541). Conditions of approval will specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting 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 will improve the physical appearance of the existing commercial building and the overall site. The improvements to the site in terms of new landscaping and pavement treatments in the parking lot will provide a marked improvement over the appearance of other buildings at the intersection of Valley Boulevard and Walnut Grove Avenue, which is one of the key intersections in the downtown Rosemead area. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in 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 property is at the edge of the civic center area, but there is no precise plan or land reserved for public or educational use, so there is no special need to create harmony with the general area. Notwithstanding this, the approved design will create a development that is aesthetically complementary to the surrounding area and which has the potential to enhance land values in the general area. This is due to the proposed upgrade of the existing building facade with higher quality materials, a design that blends better with the area, and greatly improved landscaping. 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. Planning Commission Meeting December 20, 2010 Page 14 of 21 FINDING: This proposed development meets all of the minimum code requirements for the C -31D (Medium Commercial with Design Overlay) zone, and all applicable referenced code sections of the Rosemead Municipal Code. F. The site plan and the design of ithe buildings, parking areas, signs, landscaping, luminaries, and other site feature indicates that proper consideration has been given to both the functional aspects of the isite development, such as automobile and pedestrian circulation, and the visual effect of the development from the view of public streets. I FINDING: Ingress to the site is located,on Valley Boulevard via a 16' -0" wide driveway and egress will be on Walnut Grove Avenue via a 25-0" foot wide driveway. The reduction in width of the Walnut Grove Avenue driveway from 78' -2" to 25' will improve traffic circulation be removing a portion !of a driveway that is too close to the intersection. The parking lot is conveniently located to the east of the commercial building. All parking lot lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Lastly, this building renovation will greatly improve the visual effect of the site from the view of the public streets, primarily Walnut Grove Avenue. i I SECTION 4. The Planning Commission HEREBY APPROVES Conditional Use Permit 10 -08 and Design Review 10 -4, to remodel an existing tire service center building and convert it to a four unit commercial /office mini -mall building, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 5. This resolution is the result of an action taken by the Planning Commission on December 20, 2010, by the following vote: YES: i 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 20th day of December, 2010. i iWilliam Alarcon, Chairman Planning Commission Meeting December 20, 2010 Page 15 of 21 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 December, 2010 by the following vote: YES: NO: ABSENT: ABSTAIN: Stan Wong, Secretary Planning Commission Meeting December 20, 2010 Page 16 of 21 EXHIBIT "B" 1 K .K7 12 5. 91 CONDITIONAL USE PERMIT 10 -08 DESIGN REVIEW 10 -04 (APN: 5372 - 020 -046) CONDITIONS OF APPROVAL December 20, 2010 Conditional Use Permit 10 -08 and Design Review 10 -04 are approved for the remodeling of an existing 4,735 square foot commercial building into a mini -mall development in accordance with the plans marked Exhibit "C ", dated November 4, 2010. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. The conditions listed on this exhibit Ishall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions for review. Approval of Conditional Use Permit 10 -08 and Design Review 10 -4 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. Conditional Use Permit 10 -08 and Desi period of six (6) months. The applicant request an extension within 30- calendar month initial approval period shall be of approval date. For the purpose of this pE defined as beginning the permitting prc Divisions, so long as the project is not abs 08 and Design Review 10 -04 have been a period of one (1) year it shall become nc The Planning Commission hereby auth and /or approve minor modifications to the The following conditions must be compliec Division prior to final approval of the occupancy permits, or any other appropria in Review 10 -04 are approved for a ;hall commence the proposed use or Jays prior to expiration. The six (6) ective from the Planning Commission ition, project commencement shall be :ess with the Planning and Building idoned. If Conditional Use Permit 10- nused, abandoned or discontinued for and void. the Planning Division to make with to the satisfaction of the Planning associated plans, building permits, e request. 7. Conditional Use Permit 10 -08 and Design Review 10 -04 are 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 Planning Commission Meeting December 20, 2010 Page 17 of 21 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 10 -08 and Design Review 10 -04. 8. 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. 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 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. 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 federal 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. Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. Planning Commission Meeting December 20, 2010 Page 18 of 21 17. The site shall be maintained in a graffiti7free 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. 1 18. 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 mainti fined in a clean, safe, and sanitary condition. 19. 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 I 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 Planning Division shall approve said screening prior to installation. 20. 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. Such striping shall be maintained in a clear, visible, and orderly manner. 21. At least two percent of the required parking shall be designated for handicap space pursuant to California Vehicle Code Section 22511.8. A letter by the property owner shall be given to the City for authorizing enforcement. 22. All open areas not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 23. The on -site public hearing notice posting [hall be removed within 30 days from the end of the 10 -day appeal period of Con, ditional Use Permit 10 -08 and Design Review 10 -04. 24. The applicant shall submit final sign plans to the Planning Division prior to the issuance of a building permit based on the requirements set forth in Rosemead Commercial Revitalization Design Guidelines and Rosemead Municipal Code. The signs shall consist of internally illuminated channel letters. No 'banned" or Planning Commission Meeting December 20, 2010 Page 19 of 21 box signs shall be permitted on this site. The existing pole sign on the site shall be removed. 25. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code. Wall signs shall be limited to a maximum of two (2) square feet for each linear feet of building frontage based on the City's Commercial Revitalization Design Guidelines. Window signs shall not cover more than 15% of window and glass door areas. All banners and temporary signs shall be permitted by the Rosemead Planning Division prior to installation. 26. All new lighting shall be fully shielded and directed downwards. 27. 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. 28. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. 29. Prior to the issuance of building permits, the developer shall provide a courtesy notice of the start of construction to the occupants of abutting properties and provide a copy of the notice to the Planning Division 30. All on -site electrical services along with telephone and cable services shall be relocated and placed underground. 31. The applicant shall dedicate 2' -4" to the City along Walnut Grove Avenue to create a ten (10) foot wide public right -of -way. The applicant shall construct a new curb, gutter, and sidewalk to the satisfaction of the City Engineer. 32. The applicant shall plant three (3) street trees within the parkways in tree wells with tree grates fronting the proposed project. One tree shall be planted in the parkway fronting Valley Boulevard and the other two in the parkway fronting Walnut Grove Avenue. 33. No upgrade of the existing ADA ramp at the northwest corner of the intersection of Walnut Grove and Valley Boulevard will be required as the City has a project already underway for this proposed work. 34. The parking lot may not be used as off -site parking for any other property. Planning Commission Meeting i December 20, 2010 Page 20 of 21 35. Restaurant or eating establishment tenants that require more parking than is required for commercial /office uses (one space per 250 square feet) are prohibited on the site. I{ 36. Exterior vending machines are prohibited on the site. No video, electronic, or other amusement devises are permitted on' the premises. 37. No storage, display or sales of any merchandise, fixtures or other material shall be permitted outside of the building. i Planning Commission Meeting December 20, 2010 Page 21 of 21 EXHIBIT "D"