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PC - Item 4B - Modification 11-02 of Subway RestaurantROSEMEAD PLANNING COMMISSION STAFF REPORT TO: HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION DATE: AUGUST 15, 2011 SUBJECT: MODIFICATION 11 -02 3010 SAN GABRIEL BOULEVARD Summary David Ngo of Subway Restaurant has submitted an application to modify condition of approval number ten (10) from the previously approved Zone Variance 03 -321 in order to extend the hours of operation for the restaurant, located at 3010 San Gabriel Boulevard, in the C -3 (Medium Commercial) zone. Environmental Determination Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist of operations, repair, maintenance, permitting, licensing, leasing or minor alteration of existing public or private structures involving negligible or no expansion of an existing use beyond that existing at the time of the Lead Agency's determination. Accordingly, Modification 11 -02 is classified as a Class 1 Categorical Exemption pursuant of Section 15301 of CEQA guidelines. Staff Recommendation Based on the analysis and findings contained in this report, staff recommends that the Planning Commission APPROVE Modification 11 -02 and ADOPT Resolution No. 11 -15 with findings (Exhibit A), subject to the ten (10) conditions outlined in Exhibit "B" attached hereto. Property History and Description The subject site is located at the northeast corner of San Gabriel Boulevard and Garvey Avenue within an existing shopping center. The site has a total lot area of approximately 32,560 square feet. According to Building Division records, the subject site is currently developed with a 12,500 square foot commercial building, consisting of seven (7) separate commercial units. The site provides forty -eight (48) parking stalls with driveway. access from San Gabriel Boulevard and Garvey Avenue. On June 16, 2003 the Planning Commission approved Zone Variance 03 -321 for the development of a Quizno's Sandwich shop within the center with less than the required amount of parking. Quizno's Sandwich shop closed and Subway Restaurant is now occuping the tenant space. Subway franchise requires each Subway restaurant to operate under standard hours of operation. For this reason the applicant is requesting to modify condition number ten (10) requesting to extend the business hours for this tenant space. Planning Commission Meeting August 15, 2011 Page 2 of 12 Front Facade/West Elevation Site & Surrounding Land Uses The site is designated in the General Plan as Commercial and on the zoning map, it is designated as C -3; Medium Commercial. The site is surrounded by the following land uses: North: , General Plan: Commercial Zoning: C -3 (Medium Commercial) Land Use: Parking Lot South: I General Plan: Commercial Zoning: C -3D (Medium Commercial with Design Overlay) Land Use: Commercial East: General Plan: Commercial Zoning: C -3D (Medium Commercial with a Design Overlay) Land Use: Commercial West: General Plan: Commercial It Zoning: C -3 (Medium Commercial) Land Use: Restaurant Planning Commission Meeting August 15, 2011 Paae 3 of 12 Administrative Analysis Zone Variance 03 -231 was originally approved with twenty -four (24) conditions of approval. The applicant is requesting to modify Condition number ten (10) which states, "The hours of operation shall be posted in the front window or door. Hours of operations shall be limited to 10:00 a.m. to 10:00 p.m., seven days a week ". Zone Variance 03 -321 was originally approved for a Quizno's Sandwich shop under operating hours that Quizno's requested. Quizno's is no longer occupying the tenant space. Subway Restaurant.is currently in the process modifying the floor plan through a tenant improvement. The applicant is requesting to operate the business in accordance with Subway franchise regulations, which requires business hours of operation from 6:00 a.m. to 12:00 a.m. No new building square- footage is proposed. The parking variance was originally approved based on the determination that the shopping center provides a "shared parking" opportunity. The concept of shared parking is that a single parking space can be used to serve two or more individual tenants without conflict. Hourly parking demands differ between tenants, and one space may provide parking for several uses during different hours of the day. The peak parking demand for retail does not coincide for restaurant uses. Currently, there are forty -eight (48) parking spaces provided onsite. Based on Rosemead's current shopping center parking regulations, fifty (50) spaces would be required. However, allowing the Subway restaurant the flexibility to open the business earlier and to remain open later when the center is not at full capacity, will not further impact the parking demand in the center. Staff finds that approval of this modification will not be detrimental to the surrounding neighborhood. Municipal Code Requirements On June 16, 2003, the Planning Commission determined that the zone variance met all the requisite standards of the Chapter 17.108 of the RMC and approved Zone Variance 03 -321. Section 17.108.020 of the Municipal Code sets criteria required for granting a variance. Constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity. Modification 11 -02 will not change the variance previously granted such to constitute a grant of privilege inconsistent with the limitation upon other properties in the vicinity. Other businesses within the center and other similar businesses in the community do not have restricted hours of operations. The original zone variance was approved by the Planning Commission on June 16, 2003 for a sandwich shop to be developed with fewer than the required number of parking spaces. The modification of the hours of operation will not affect the purpose of the variance, which was to recognize the "shared parking" opportunity for businesses in the shopping center. Subway is proposing to extend the hours to provide service during Planning Commission Meeting August 15, 2011 Page 4 of 12 the early morning and nighttime periods, when the other tenants in the center are closed and shared parking is readily available. • Be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. Modification 11 -02 will not amend the original variance so as to make it materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The zone variance was approved by the Planning Commission on June 16, 2003 to allow a restaurant to occupy the site with less than the required amount of parking. The applicant is requesting to modify condition number ten (10), which requires the hours of operation to be limited from 10:00 a.m. to 10:00 p.m., seven days a week, in order to operate a Subway restaurant from 6:00 a.m. to 12:00 a.m. daily. No new building square footage is proposed. Therefore, additional requested hours of operation will not interfere with the peak parking demand for the center, and the "shared parking" in the center will easily accommodate on -site parking for the Subway in the early morning and late evening hours. • Adversely affect the comprehensive General Plan. The proposed use is located within an established commercial district of the City, and is designated Commercial in the General Plan. This establishment is in conformity with the General Plan, in that the policies of the General Plan encourage complementary uses that will contribute to the economic well being of the commercial areas of the City. This modification will not substantively change any aspect of the variance that would bring it into conflict with the General Plan. 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 classification. The modification would change the hours of operation to allow a Subway restaurant to be open from 6:00 a.m. to 12:00 a.m. daily, in accordance. No new building square footage is proposed. The ;shopping center continues to provide a "shared parking" opportunity, based on alreview of parking demand and existing business operating hours within the center. The strict enforcement of the parking requirement would limit the type of land uses that occupy this subject site as compared to other commercial centers in the vicinity, in particular in the morning and late evening hours when the parking is underutilized. Therefore, approval of this modification would allow for the applicant to operate a Subway in a shopping center with a mix of varying land uses, including retail, office, and other eating establishments. Planning Commission Meeting August 15, 2011 Paqe 5 of 12 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300' radius public hearing notice to seventeen (17) 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. Prep red - by Jerome Joaquin Planning Intern Submitted by: Stan Wong Community Development Director EXHIBITS: A. Resolution 11 -15 B. Conditions of Approval C. Site Plan and Floor Plan D Assessor's Parcel Map (5288- 009 -074) Planning Commission Meeting, August 15, 2011 Paae 6 of 12 EXHIBIT PC RESOLUTION 11 -15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 11 -02, FOR THE MODIFICATION OF CONDITION OF APPROVAL NUMBER TEN (10) RELATING TO THE HOURS OF OPERATION FOR THE RESTAURANT, LOCATED AT 3010. SAN GABRIEL BOULEVARD, IN THE C -3 (MEDIUM COMMERCIAL) ZONE (APN: 5288 - 009 -074). WHEREAS, on June 16, 2003, the Rosemead Planning Commission approved Zone Variance 03 -231 for less than the required number parking spaces located within an existing shopping center at 3010 San Gabriel Boulevard; and WHEREAS, on July 21, 2011, David Ngo submitted a modification application requesting to modify condition number ten (10) from Zone Variance 03 -231 located at 3010 San Gabriel Boulevard; and WHEREAS, 3010 San Gabriel Boulevard 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, Section 65800 and 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 Planning Commission Meeting August 15, 2011 Page 7 of 12 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. WHEREAS, on August 4, 2011, seventeen (17) 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 Modification 11 -02, and on August 4, 2011, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on August 15, 2011, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 11 -02; 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 Modification 11 -02 is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) and local environmental guidelines. Projects consisting of inspections to check for the performance of an operation, or the quality, health, and safety of a project are exempt from environmental review per CEQA guidelines. Accordingly, Modification 11 -02 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 11 -02 according to the Criteria of Chapter 17.108.020 of the Rosemead Municipal Code as follows: • Constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity. Modification 11 -02 will not change the variance previously granted such to constitute a grant of privilege inconsistent with the limitation upon other properties in the vicinity. Other businesses within the center and other similar businesses in the community do not have restricted hours of operations. The original zone variance was approved by the Planning Commission on June 16, 2003 for a sandwich shop to be developed with fewer than the required number of parking spaces. The modification of the hours of operation will not affect the purpose of the variance, which was to recognize the "shared parking" opportunity for businesses in the shopping center. Subway is proposing to extend the hours to provide service during the early morning and nighttime periods, when the other tenants in the center are closed and shared parking is readily available. Planning Commission Meeting August 15, 2011 Paae 8 of 12 • Be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. Modification 11 -02 will not amend the original variance so as to make it materially detrimental to the public health or welfare. or injurious to the property or improvements in such zone or vicinity. The zone variance was approved by the Planning Commission on June 16, 2003 to allow a restaurant to occupy the site with less than the required amount of parking. The applicant is requesting to modify condition number ten (10), which 'requires the hours of operation to be limited from 10:00 a.m. to 10:00 p.m., seven days a week, in order to operate a Subway restaurant from 6:00 a.m. to 12:00 a.m. daily. No new building square footage is proposed. Therefore, additional requested hours of operation will not interfere with the peak parking demand for the center, and the "shared parking" in. the center will easily accommodate on -site parking for the Subway in the early morning and late evening hours. • Adversely affect the comprehensive General Plan. The proposed use is located within an established commercial district of the City, and is designated Commercial in the General Plan. This establishment is in conformity with the General Plan, in that the policies of the General Plan encourage complementary uses that will contribute to the economic well being of the commercial areas of the City. This modification will not substantively change any aspect of the variance that would bring it into conflict with the General Plan. • 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 classification. The modification would change the hours of operation to allow a Subway restaurant to be open from 6:00 a.m. to 12:00 a.m. daily, in accordance. No new building square footage is proposed. The shopping center continues to provide a "shared parking" opportunity, based on a review of parking demand and existing business operating hours within the center. The strict enforcement of the parking requirement would limit the type of land uses that occupy this subject site as compared to other commercial centers in the vicinity, in particular in the morning and late evening hours when the parking is underutilized. Therefore, approval of this modification would allow for the applicant to operate a Subway in a shopping center with a mix of varying land uses, including retail, office, and other eating establishments. SECTION I The Planning Commission APPROVES Modification 11- 02, to eliminate condition number ten (10) from Zone Variance 03 -231, located at 3010 San Gabriel Boulevard. Planning Commission Meeting August 15, 2011 Paqe 9 of 12 SECTION 4 . This resolution is the result of an action taken by the Planning Commission on August 15, 2011, by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 5 . The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and to the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 15 day of August, 2011. Nancy Eng, Chair 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 1 St 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 15, 2011 Paoe 10 of 12 EXHIBIT "B" MODIFICATION 11 -02 3010 San Gabriel Boulevard CONDITIONS OF APPROVAL August 15, 2011 1. Modification 11 -02 shall be in compliance and remain in compliance with all Conditions of Approval for Zone Variance 03 -321, except Condition of Approval No. 2, in addition to the Conditions of Approval for Modification 11 -02. 2. Approval of Modification 11 -02 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. 3. Modification 11 -02 is approved for a period of one (1) year. The applicant shall commence the proposed use or request an extension within 30- calendar days prior to expiration. The one (1) year 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 Modification 11 -02 has been unused, abandoned, or discontinued for a period of one (1) year it shall become null and void. 4. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved Plans where necessary. 5. Modification 11 -02 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. 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 Modification 11 -02. I 6. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees tfrom 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 Planning Commission Meeting August 15, 2011 Page 11 of 12 law. 7. All conditions of approval must be complied with to the satisfaction of the Planning Division prior to final inspection. 8. The hours of operation shall be posted in the front window or door. The hours of operation for the restaurant shall be limited to 6:00 a.m. to 12:00 a.m., seven days a week. 9. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Modification 11 -02 10.Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. Planning Commission Meeting August15,2011 Page 12 of 12 EXHIBIT C 2002 � I � i; PARK AVE. % rN / i Aelt roe 161^- �iv o r J J 0 ITb' . ®42 y «�., 72- N ", s Q m F 05 a d pr ® 73 ® ®97 is , } s 19 40 gxlY r I! - 21© ©38 1h ntw: M@ @94 trdar + BK. h e < � irlrN rx. y 5 152 872 ® 37 J tyor�T7® ®93 tr/e••' . r U r ro K0. • 23 36 z' '8 91 • h N/ rm / I N /!CC 24 35 I 79 91i a ° � 60 90 W 4 134 /Srt!'" I 0: I m 26 3 3 Q a r • ~ refJC O J K K 28 29 3i 32 e b2 83 84 85 86 U8 = 2- 9 ry i .w U I lr d! t3 L{ b !0 Ib 1 1 1r• + + i � C il�KY•wc JGARVEY AVE, ��w meet 8K 5283 ' i T SEE-- TRAC? NO. 6677 M.B. 74 -42 Subject Site I t