PC - 2010-38 - Approving Zone Variance 10-03 at 1716 Montebello Town CenterPC RESOLUTION 10 -38
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING ZONE VARIANCE 10 -03, FOR REDUCED PARKING FOR
TWO NEW RESTAURANTS AT 1716 MONTEBELLO TOWN CENTER
IN THE C -3 (MEDIUM COMMERCIAL) ZONE. (APN: 5271 - 002 -058, -59,
-060).
WHEREAS, on November 23, 2010, Montebello Town Center Investors, LLC,
submitted a Zone Variance application for the construction of two restaurant buildings
totaling approximately 15,000 square feet in the Montebello Town Center. A zone
variance is requested to provide parking in conformance with the City's shopping center
standards (1 space per 250 square feet of floor area) instead of the City's restaurant
parking standards (1 space per 100 square feet of floor area) for a phased
development. The project is located at 1716 Montebello Town Center Drive; and
WHEREAS, 1716 Montebello Town Center Drive is located in the C -3 (Medium
Commercial) zone; and
WHEREAS, Section 17.108.020 of the Rosemead municipal Code provides the
purpose and criteria for zone variance approval; and
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.108.020 of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve or deny zone variance applications; and
WHEREAS, An applicant must obtain a zone variance in order to create a
development that does not meet the minimum standards. Section 17.108.020 sets
criteria required for granting such a variance. If one of these criteria cannot be met,
then the variance may not be granted. These criteria require that granting such a
variance will not:
• Constitute a grant of special privilege inconsistent with the limitations upon
other properties in the vicinity;
• Be materially detrimental to the public health or welfare or injurious to the
property or improvements in such zone or vicinity;
• Adversely affect the comprehensive general plan; 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.
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WHEREAS, on December 1, 2010, an Initial Environmental Study for the
proposed Zone Variance was completed, finding that the proposed project could not
have a significant effect on the environment and a Negative Declaration was prepared,
in, accordance with the guidelines of the California Environmental Quality Act, and local
environmental guidelines; and
WHEREAS, on December 9, 2010, forty -one (41) 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 Zone Variance 10 -03; 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
Zone Variance 10 -03; 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 makes a finding of adequacy
with the Negative Declaration and HEREBY ADOPTS the Negative Declaration as the
environmental clearance for Zone Variance 10 -03.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Zone Variance 10 -03 in accordance with Section
17.108.020 et seq., of the Rosemead Municipal Code as follows:
A. Constitute a grant of special privilege inconsistent with the limitations upon
other properties in the vicinity;
FINDING The parking variance would not grant a special privileged inconsistent
with the limitations upon the other properties in the vicinity and zone. The subject
property is improved with a surface parking lot containing approximately 200 spaces
that is adjacent to and is operated as a part of the Montebello Town Center. The
subject property and all of the other parcels of land comprising the Montebello Town
Center are operated as an integrated shopping center, including the effect of a certain
Construction, Operation and Reciprocal Easement Agreement, dated as of December 6,
1984, recorded in the Los Angeles County Recorder's official records, against title to all
parcels that comprise the Montebello Town Center, as amended (the "REA "). The REA
requires that all parcels of land encumbered by the REA provide all parking spaces for
the reciprocal use of occupants and visitors of all other parcels comprising the shopping
center. Development of the project using a "shopping center" ratio of four parking
spaces per 1,000 square feet of floor area is consistent with the development of
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surrounding parcels which are part of the Montebello Town Center. The development
and operation of two restaurants on a separate parcel will be considered part of the
unified Montebello Town Center both in management and function. The zone variance
will not constitute a special privilege because the total number of parking spaces that
serve the shopping center will continue to exceed the required amount of parking under
the REA.
B. Be materially detrimental to the public health or welfare or injurious to the
property or improvements in such zone or vicinity;
FINDING: 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 in which the subject property is located. The proposed project proposes the
construction of two restaurants located within a portion of the parking lot that serves the
existing Montebello Town Center. The Montebello Town Center is located directly
adjacent to Highway 60 (Pomona Freeway) to the south, between the Paramount
Boulevard and San Gabriel Boulevard off - ramps. Adjacent to the east of the subject
property and the other eastern parcel of the Montebello Town Center, on the east side
of Montebello Boulevard, is a Doubletree hotel and Holiday Inn Express hotel. To the
south of the Montebello Town Center is primarily vacant land located in the City of
Montebello that is zoned C -2 -PD (Planned Development). Adjacent to the west of the
Montebello Town Center, also in the City of Montebello, is a medical facility. The
nearest residential use to the subject property is located in the City of Rosemead,
approximately 600 feet to the east, separated from the subject property by Montebello
Boulevard, the Doubletree hotel, the Holiday Inn Express hotel, and San Gabriel
Boulevard. Other residences in the City of Montebello are located approximately 600
feet to the north of the subject property, separated from the subject property by
Montebello Town Center Drive and by the Pomona Freeway. Thus, the Montebello
Town Center is geographically isolated and buffered from other nearby uses that could
be impacted by the project.
Approval of a zone variance is required to allow the restaurants to be developed
in accordance with the City's "shopping center" parking ratio of one (1) space per two
hundred and fifty (250) square feet, instead of the individual restaurant parking ratio of
one (1) space per one hundred (100) square feet. The project is part of the Montebello
Town Center and is subject to the REA that requires that all parcels of land in the mall
to provide all parking spaces for the reciprocal use of occupants and visitors of all other
parcels comprising the Montebello Town Center. The REA requires that all of the
parcels comprising the Montebello Town Center, in the aggregate, provide a parking
ratio of 4.5 spaces per 1,000 square feet of floor area (which ratio exceeds the City's
required 4.0:1 ratio for shopping centers). The total amount of floor area in the
Montebello Town Center (including the proposed 15,000 square feet of space from the
new Project) is approximately 768,653 square feet. According to the 4.5:1 ratio required
by the REA, the entire Montebello Town Center should provide a total of 3,460 parking
spaces. The Montebello Town Center currently provides a total of 3,689 parking space
which results in a ratio of 4.8 spaces per 1,000 square feet. Upon completion of the
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project, the shopping center would provide a total of 3,568 parking spaces which results
in a ratio of 4.6 spaces per 1,000 square feet. With the negligible reduction of overall
parking to accommodate construction of the project, the shopping center would still
provide the amount of required parking. Moreover, anecdotal evidence has indicated
that the shopping center provides more than adequate parking, even during peak
seasons and in better economic conditions, so that the negligible loss of parking at the
shopping center will not result in an inadequate parking supply. Therefore, approval of
the zone variance will not detrimentally impact the public health or welfare or be
injurious to other properties. To the contrary, development of the restaurants would
provide an added amenity to the community and generate additional jobs, additional
sales taxes and an increase in property taxes.
C. Adversely affect the comprehensive general plan; and
FINDING In 1981, the City of Rosemead approved a General Plan Amendment
that included the subject property within a zone designated for the comprehensive
development of the Montebello Town Center. Ancillary uses of the entire Montebello
Town Center were envisioned in the General Plan Amendment, such as low -rise office,
banks, restaurants and other supplemental uses. The General Plan designates the
subject property as Commercial. Permitted uses within the Commercial land use
category include a broad range of retail, office, and service uses that serve local and
regional needs. The development of two restaurants on the subject property would be
consistent with the intended use of the subject property under the General Plan, and as
envisioned when the Montebello Town Center was first entitled. Approval of the zone
variance would be consistent with Action 3.3 of the General Plan which encourages
land use conversion to commercial uses when the proposal provides adequate on -site
parking and circulation. As discussed, the subject property is adjacent to and is
operated as a part of the Montebello Town Center and subject to a reciprocal easement
agreement for the reciprocal use of all parking spaces of occupants and visitors of all
other parcels comprising the shopping center. Thus, patrons of the restaurant could
use available parking spaces located on adjacent parcels within the shopping center.
After completion of the project, the Montebello Town Center would have a total of 3,568
parking spaces which would provide more than adequate parking for the restaurants
and for the entire group of uses within the Montebello Town Center. Therefore, the
granting of the parking variance will not adversely impact the General Plan.
D. 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.
FINDING: The subject parcel is located within the Montebello Town Center and
is improved with a surface parking lot containing approximately 200 spaces. The
subject property is adjacent to other parcels comprising the Montebello Town Center.
The subject property and all of the other parcels of land comprising the - Montebello
Town Center are operated as an integrated shopping center. The shopping center was
developed in the early 1980's and, through a cooperative zoning and entitlement
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process between the City of Montebello and the City of Rosemead, the Montebello
Town Center is partially in the City of Montebello and partially in the City of Rosemead.
All parcels that make up the entire Montebello Town Center are subject to a reciprocal
easement agreement that requires reciprocal use of all parking spaces in the Center.
Other parcels comprising the shopping center contain both parking and buildings and
meet the definition of the shopping center.
The subject property is an isolated parcel of land, elevated above Montebello
Boulevard, with access to public streets only across other common drive aisles of the
Montebello Town Center. Thus, due to the location and topography of the subject
property, the subject property cannot reasonably be developed for any use independent
of the larger Montebello Town Center. The physical constraints of the subject' property
are in addition to the existing legal restrictions on the development, operation and use of
the subject property that are created by the REA.
The project will be a phased development of two separate restaurant buildings.
Were both buildings to be developed at one time, the subject property and the project
would meet the City's definition of a "shopping center," in that the subject property
would be developed with two or more uses. However, the phased development of two
separate restaurant buildings would result in each building being considered a separate
restaurant development project, and thus subject to the restaurant parking ratio of 1
space per 100 square feet. Moreover, the subject property is encumbered by the REA
and must contribute all parking spaces developed on the subject property for the
beneficial use of all other parcels that comprise the shopping center. Similarly, the
subject property, when developed with the Project, will enjoy the beneficial reciprocal
parking use of all of the other parking spaces throughout the Montebello Town Center.
Therefore, approval of a zone variance is required to allow the restaurants to be
parked using the City's "shopping center" ratio of 1 space per 250 square feet in lieu of
1 space per 100 square feet for a restaurant use. Phase I of the project would include
the development of one restaurant with 115 parking spaces, which exceeds code
parking for an individual restaurant. However, development of the second restaurant
would result in 85 parking spaces in order to provide sufficient lot area to construct the
restaurant pad. Strict application of the zoning ordinance would require the two
separate restaurants to provide a total of 150 spaces. The strict application of the
zoning ordinance would thus result in the development of only one restaurant on the
subject property, because of the limited lot area. It would not be feasible to develop a
second restaurant on the subject property and provide all required parking on the
subject parcel using a restaurant parking ratio. Moreover, the parcel is unique is that is
part of a unified shopping center that, upon completion of the project, would provide a
total of 3,568 parking spaces, or a ratio of 4.6 spaces per 1,000 square feet. Thus, the
subject property, developed with the project, and operated as an integrated part of the
Montebello Town Center, will provide parking in excess of the City's shopping center
parking ratio of 4.0:1. Therefore, approval of a zone variance, allowing the subject
property to apply the City's shopping center parking ratio is reasonable and consistent
with the other properties that comprise the Montebello Town Center..
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SECTION 3 . The Planning Commission HEREBY APPROVES Zone Variance.
10 -03 to provide parking in conformance with the City's shopping center standards (1
space per 250 square feet of floor area) instead of the City's restaurant parking
standards (1 space per 100 square feet of floor area) for a phased restaurant
development, subject to conditions listed in Exhibit "B" attached hereto and incorporated
herein by reference.
SECTION 4 . This resolution is the result of an action taken by the Planning
Commission on December 20, 2010, by the following vote:
YES: ALARCON, ENG
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
HERRERA, HUNTER, RUIZ
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 2Qth day�cember, 010.
'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
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EXHIBIT "B"
ZONE VARIANCE 10 -03
(APN: 5271- 002 -058, -059, -060)
CONDITIONS OF APPROVAL
December 20, 2010
1. Zone Variance 10 -03 is approved construction of two restaurant buildings totaling
approximately 15,000 square feet in the Montebello Town Center and to provide
parking in conformance with the City's shopping center standards (1 space per
250 square feet of floor area) instead of the City's restaurant parking standards
(1 space per 100 square feet of floor area) for a phased development in
accordance with the plans marked Exhibit "C ", dated December 2, 2010. Any
revisions to the approved plans must be resubmitted for the review and approval
of the Planning Division (Modified by the Planning Commission on December
20, 2010).
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 Zone Variance 10 -03 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. Zone Variance 10 -03 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) 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 the Zone Variance 10 -03 has 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. Zone Variance 10 -03 is granted or approved with the City and its Planning
Commission and City Council retaining and reserving the right and jurisdiction to
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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 Zone Variance 10 -03.
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.
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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 Zone Variance 10 -03.
24. 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.
25. 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 the
Montebello Town Center Master Sign Program.
its]
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. Any outdoor dining areas that are included in the project will be required to
provide parking in accordance with City's shopping center parking rate (one
space per 250 square feet of floor area).
30. Parking spaces that are only partially on the restaurant parcels (less than half a
space) may not count toward the total number of parking spaces provided on the
property.
31. Complete architectural plans (site plan, floor plan, and elevation drawings) must
be submitted for Planning Division review and approval prior to the issuance of a
building permit for each building. Staff recommends the incorporation of goose
neck lighting, trellis systems, faux windows, and other design elements be
incorporated into the rear elevation for each restaurant facing Montebello Town
Center Drive.
32. The soils report for the project must be reviewed and approved by the City prior
to the issuance of any building permits.
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