Loading...
PC - 2011-13 - Approving Conditional Use Permit 11-06 for Conversion of Office Building Into Mini Mall at 3257 Del Mar AvePC RESOLUTION 11 -13 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 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. 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: ENG, HERRERA, HUNTER, AND SACCARO NO: NONE ABSENT: RUIZ 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 1 day of August, 2011. /U c z� Nan9ftng, C a' 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 day of August, 2011, by the following vote: YES: ENG, HERRERA, HUNTER, AND SACCARO NO: NONE ABSENT: RUIZ ABSTAIN: NONE Stan WorW, Secretary APPROVED AS TO FORM: Gregory M. M ph lanning Comm' sion Attorney Burke, Williams & nsen, LLP 1:0 01 111M f� 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. 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 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. 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. 33. The applicant/property owner shall incorporate a solid roof cover over the existing trash enclosure (Added by the Planning Commission on August 1, 2011).