PC - Item 4B - Conditional Use Permit 11-06 at 3257 Del Mar Avenuea • ,•
TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: AUGUST 1, 2011
SUBJECT: CONDITIONAL USE PERMIT 11 -06
3257 DEL MAR AVENUE
Summary
Chan Duong has submitted a Conditional Use Permit Application requesting approval to
convert an existing 3,642 square foot office building into a five (5) unit commercial /office
mini -mall building. The site is located at 3257 Del Mar Avenue in the C -3 (Medium
Commercial) 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. Accordingly, Conditional Use Permit
11 -06 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 11 -06 and ADOPT Resolution
No. 11 -13 with findings (Exhibit "A "), subject to the thirty -two (32) conditions outlined in
Exhibit "B" attached hereto.
Property History and Description
The subject site is located on the west side of Del Mar Avenue between Hellman
Avenue and Emerson Place. According to Building Department records, the property is
currently developed with an office building totaling 3,642 square feet. According to the
LA County Assessor's records, the site consists of one (1) parcel totaling 9,900 square
feet.
Planning Division records indicate that no entitlements have been approved for this
property.
Planning Commission Meeting
August 1, 2011
Page 2 of 13
East Elevation
Site & Surrounding Land Uses
The project site is designated in the General Plan as Commercial and is zoned C -3
(Medium Commercial). The site is surrounded by the following land uses:
North:
General Plan:
Commercial
Zoning:
C -3 (Medium Commercial)
Land Use:
Residential
South:
General Plan:
Commercial
Zoning:
C -3 (Medium Commercial)
Land Use:
Religious Institution
East:
General Plan:
Commercial
Zoning:
C -3 (Medium Commercial)
Land Use:
Commercial
West:
General Plan:
Medium Density Residential (0- 12du /ac)
Zoning:
R -2 (Light Multiple Residential)
Land Use:
Residential
Planning Commission Meeting
August 1, 2011
Page 3 of 13
Administrative Analysis
The proposed project includes a conditional use permit for the conversion of an existing
office building into a mini -mall building. 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.
The existing office building consists of five (5) tenant units. The applicant is proposing
to convert the existing office unit on the first floor into a retail unit. The existing four (4)
units on the second floor will remain as office. Due to the requirements listed in Section
17.112.030.24 (e), a condition of approval has been added to assure that the units on
the second floor will remain as office.
The applicant is not proposing to modify the parking or circulation on the subject
property. Access to the site would be via an existing driveway on Del Mar Avenue. A
total of sixteen (16) parking spaces will be provided on site, which includes fourteen (11)
standard spaces, four (4) compact spaces and one (1) handicapped parking space. 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 3,642 square feet, fifteen (15) parking
spaces are required. 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 11 -13 to prohibit restaurant uses on the subject site.
Municipal Code Requirements
Section 17.112.030.24 of the RMC allows the development of mini -mall projects upon
the granting of a Conditional Use Permit by the Planning Commission. RMC Section
17.112.010 sets the following criteria that must be met:
• The granting of such conditional use permit will be in harmony with the elements or
objectives of the General Plan; and
The site is designated in the General Plan as Commercial and is developed with an
office building. The proposed use is in conformity with the General Plan in that C -3
(Medium Commercial) 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.
• 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,
Planning Commission Meeting
August 1, 2011
Paoe 4 of 13
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.
• The establishment, maintenance, and operation of the proposed use so applied for
will not, under the circumstances of the particular case, be detrimental or injurious to
the general welfare of the City;
The proposed mini -mall project will be conducted entirely within the enclosed
building. The applicant is only proposing to convert the existing office unit on the
first floor into a retail unit. The existing four (4) units on the second floor will remain
as office. Also, the proposed office and retail uses typically do not generate
excessive noise which might be harmful to surrounding properties. Therefore, the
use of the site for a small mini -mall development will not be injurious or detrimental
to the general welfare of the City.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300' radius public hearing notice to sixty -two (62) property owners,
publication in the San Gabriel Valley Tribune, and postings of the notice at the six (6)
public locations and on the subject site.
Prepared by:
Lily Trinh
Assistant Planner
EXHIBITS:
A. Planning Commission Resolution No. 11, -13
B. Conditions of Approval
C. Site Plan /Floor Plan /Elevations
D. Assessor Parcel Map (5286- 030 -040)
Submitted by:
U G.
Stan Wong �(6r
Community Development Director
Planning Commission Meeting
August 1, 2011
Paoe 5 of 13
EXHIBIT "A"
PC RESOLUTION 11 -06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 11 -06 AND FOR THE
CONVERSION OF AN OFFICE BUILDING INTO A MINI -MALL
PROJECT, LOCATED AT 3257 DEL MAR AVENUE IN THE C -3
(MEDIUM COMMERCIAL) ZONE. (APN: 5286- 030 -040).
WHEREAS, on June 6, 2011, Chan Duong submitted a Conditional Use Permit
application proposing to convert an existing 3,642 square foot office building into a five
(5) unit commercial /office mini -mall building. The project is located at 3257 Del Mar
Avenue; and
WHEREAS, 3257 Del Mar Avenue is located in the C -3 (Medium Commercial)
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, 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, on July 21, 2011, sixty -two (62) 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
Planning Commission Meeting
August 1, 2011
Page 6 of 13
the date, time and location of the public hearing for Conditional Use Permit 11 -06; and
on July 22, 2011, notice was published in the San Gabriel Valley Tribune; and
WHEREAS, on August 1, 2011, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to
Conditional Use Permit 11 -06; 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 11 -06 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 11 -06 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 an office building. The proposed use is in conformity with the General
Plan in that C -3 (Medium Commercial) 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.
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.
Planning Commission Meeting
August1,2011
Paae 7 of 13
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 proposed mini -mall project will be conducted entirely within the
enclosed building. The applicant is only proposing to convert the existing office unit on
the first floor into a retail unit. The existing four (4) units on the second floor will remain
as office. Also, the proposed office and retail uses typically do not generate excessive
noise which might be harmful to surrounding properties. Therefore, the 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 APPROVES Conditional Use
Permit 11 -06 to convert an existing 3,642 square foot office building into a five (5) unit
commercial /office mini -mall building, 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 August 1, 2011, by the following vote:
YES:
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 1St day of August, 2011.
Nancy Eng, Chair
Planning Commission Meeting
August 1, 2011
Paoe 8 of 13
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 15t day of
August, 2011, by the following vote;
YES:
NO:
ABSENT:
ABSTAIN:
Stan Wong, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
August 1, 2011
Paae 9 of 13
CONDITIONAL USE PERMIT 11 -06
(APN: 5286- 030 -040)
CONDITIONS OF APPROVAL
August 1, 2011
1. Conditional Use Permit 11 -06 is approved for the conversion of an existing 3,642
square foot office building into a mini -mall development in accordance with the
plans marked Exhibit "C" dated June 6, 2011. 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 11 -06 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 11 -06 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 Conditional Use Permit 11 -06 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. Conditional Use Permit 11 -06 is granted or approved with the City and its
Planning Commission and City Council retaining and reserving the right and
jurisdiction to review and to modify the permit including the conditions of approval
based on changed circumstances. Changed circumstances include, but are not
limited to, the modification of the use, a change in scope, emphasis, size, or
nature of the use, or the expansion, alteration, reconfiguration, or change of use.
Planning Commission Meeting
August 1, 2011
Page 10 of 13
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 11 -06.
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 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 11 -06.
10. 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.
11. 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.
12. 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.
13. 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.
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. 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.
17. 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
Planning Commission Meeting
August 1, 2011
Page 11 of 13
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.
18. 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.
19. 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.
20. 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.
21. All open areas not covered by concrete, asphalt, or structures shall be
landscaped and maintained on a regular basis.
22. All new lighting shall be fully shielded and directed downwards.
23. Exterior vending machines are prohibited on the site. No video, electronic, or
other amusement devises are permitted on the premises.
24. No storage, display, or sales of any merchandise, fixtures or other material shall
be permitted outside of the building.
25. The applicant/property owner shall submit a master sign program that complies
with the Rosemead Municipal Code Section 17.112.030 (24) for review and
approval.
26. Remove all unpermitted signage on the building.
27. All excessive window signage on the building shall be removed. Window
signage shall cover no than fifteen (15) percent of any window.
Planning Commission Meeting
August 1, 2011
Page 12 of 13
28. The applicant/property owner shall remove the unpermitted carport located along
the west property line.
29. The applicant/property owner shall bring all existing fencing onsite into
compliance with the Rosemead Municipal Code.
30. 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..
31. Pursuant to the Rosemead Municipal Code Section 17.112.030.24 (e), the office
units located on the second floor shall remain as office use.
32. Violations of the conditions of approval may result in citation and /or initiation of
revocation proceedings.
Planning Commission Meeting
August 1, 2011
Page 13 of 13
EXHIBIT "D"
SUBJECT SITE