PC - 2010-35 - Approving Conditional Use Permit 10-08 and Design Review 10-04 for 8547 Valley Blvd.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 -3D (Medium Commercial
with Design Overlay) zone; and
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 Rosemead Municipal Code provides the
purpose and criteria for a design review;
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
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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 "min -mall
and similar developments..." in the C -3 zone upon the granting of a Conditional Use
Permit.
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.
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FINDING: 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 building.
C. The Conditional Use Permit applied for 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 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 it from 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 do not 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.
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.
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.
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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 fagade 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.
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 the buildings, parking areas, signs,
landscaping, luminaries, and other site feature indicates that proper consideration has
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been given to' both the functional aspects of the site development, such as automobile
and pedestrian circulation, and the visual effect of the development from the view of
public streets.
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.
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: ALARCON, ENG, HERRERA, HUNTER, RUIZ
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
SECTION 6 . The secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 20th day;of December, 2010.
William Alarcon, Chairman
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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 20 day of
December, 2010 by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
ALARCON, ENG, HERRERA, HUNTER, RUIZ
NONE
NONE
NONE
EXHIBIT "B"
CONDITIONAL USE PERMIT 10 -08
DESIGN REVIEW 10 -04
(APN: 5372 - 020 -046)
CONDITIONS OF APPROVAL
December 20, 2010
1. 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.
2. The conditions . listed on this exhibit shall be copied directly onto any
development plans subsequently submitted to the Planning and Building
divisions for review.
3. 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.
4. Conditional Use Permit 10 -08 and Design Review 10 -04 are 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)
month 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 Conditional Use Permit 10-
08 and Design Review 10 -04 have been unused, abandoned or discontinued for
a period of one (1) year it shall become null and void.
5. The Planning Commission hereby authorizes the Planning Division to make
and /or approve minor modifications.
6. The following conditions must be complied with to the satisfaction of the Planning
Division prior to final approval of the associated plans, building permits,
occupancy permits, or any other appropriate request.
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
the conditions of approval based on changed circumstances. Changed
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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.
17. 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.
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 maintained 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 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 shall be removed within 30 days from
the end of the 10 -day appeal period of Conditional 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 "canned" or
box signs shall be permitted on this site. The existing pole sign on the site shall
be removed.
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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.
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.
36. Exterior vending machines are prohibited on the site. No video, electronic, or
other amusement devises are permitted on the premises.
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37. No storage, display or sales of any merchandise, fixtures or other material shall
be permitted outside of the building.
38. The applicant shall install a right -turn only sign at the driveway exit on Walnut
Grove subject to the review and approval of the City Engineer (Added by the
Planning Commission on December 20, 2010).
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