PC - 2011-22 - Approving the Revocation of Conditional Use Permit 3328 Del Mar AvePC RESOLUTION 11 -22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING THE REVOCATION OF CONDTIONAL USE PERMIT (CUP
05 -1014 AND PLANNING COMMISSION RESOLUTION 05 -39), WHICH
ALLOWED THE ESTABLISHMENT OF A MINI -MALL DEVELOPMENT
AT 3328 DEL MAR AVENUE.
WHEREAS, on August 15, 2005, the Rosemead Planning Commission
conducted a public hearing and considered Conditional Use Permit 05 -1014 to allow the
development of a 2,000 square foot, retail, mini -mall project at 3328 Del Mar Avenue in
the C -3 (Medium Commercial) zone, and
WHEREAS, on September 19, 2005, the Planning Commission adopted
Resolution 05 -39, as a result of the project approval action taken by the Planning
Commission on August 15, 2005, and
WHEREAS, on April 19, 2011, the construction of the mini -mall project was
completed, and
WHEREAS, on June 24, 2011, Dr. Wally Hui purchased the property located at
3328 Del Mar Avenue and obtained building permit approvals on June 28, 2011 to
consolidate the mini -mall development into a single occupant dental office building, and
WHEREAS, on September 26, 2011, the property owner formally submitted an
application notifying the City of his desire to abandon the Conditional Use Permit (CUP
05 -1014 and Planning Commission Resolution 05 -39), as he no longer desires to have
the building occupied with multiple retail uses, and
WHEREAS, Rosemead Municipal Code (RMC) Section 17.040.020 states that
commercial projects devoted to office use exclusively shall be exempt from the mini-
mal[ definition, and
WHEREAS, RMC Section 17.44.020 lists a medical office as a permitted use in
the C -3 (Medium Commercial) zone, and
WHEREAS, RMC Section 17.112.060 does not allow the holder of a conditional
use permit to voluntarily abandon the permit but rather requires either the passage of 6
months of the use being abandoned or else the affirmative revocation of the permit by
the Planning Commission; and
WHEREAS, Sections 65800 & 65900 of the California Government Code and
RMC Section 17.112.060 authorize the Planning Commission to revoke Conditional Use
Permits; and
WHEREAS, on October 27, 2011, sixty -six (66) notices were sent to property
owners within a 300 -foot radius from the subject property, in addition notices were
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 the revocation of
Conditional Use Permit (CUP 05 -1014 and Planning Commission Resolution 05 -39);
and on October 28, 2011, the notice was published in the San Gabriel Valley Tribune;
and
WHEREAS, in accordance with revocation procedures set forth in RMC Section
17.112.060.0, notice was sent in writing to the original grantee of the Conditional Use
Permit on October 25, 2011, which stated the Commission's intentions to revoke the
permit, along with the grounds for revocation, and information on the time and place of
the public hearing for the revocation, and
WHEREAS, on November 7, 2011, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to the
revocation of Conditional Use Permit (CUP 05 -1014 and Planning Commission
Resolution 05 -39); 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 the
revocation of Conditional Use Permit (CUP 05 -1014 and Planning Commission
Resolution 05 -39) is Categorically Exempt from environmental review as a Class 21
Exemption pursuant to Section 15321 of the California Environmental Quality Act
(CEQA).
SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify revoking Conditional Use Permit (CUP 05 -1014 and
Resolution 05 -39) according to the provisions in Chapter 17.112.060 of the Rosemead
Municipal Code as follows:
FINDING: Dr. Wally Hui purchased the property on June 24, 2011 for the
purpose of using the entire mini -mall building as a dental office. According to RMC
Section 17.040.020, commercial projects devoted to office use exclusively shall be
exempt from the mini -mall definition. Furthermore, a medical office is a permitted use in
the C -3 (Medium Commercial) zone according to RMC Section 17.44.020. Therefore,
the single occupant use of the building located at 3328 Del Mar Avenue as a dental
office does not require a conditional use permit. The Rosemead Building and Safety
Division issued building permits on June 28, 2011 to consolidate the mini -mall
development into a single occupant dental office building. The construction related to
the interior tenant improvement of the building is complete.
SECTION 3 . The Planning Commission HEREBY APPROVES the revocation of
Conditional Use Permit (CUP 05 -1014 and Planning Commission Resolution. 05 -39) in
its entirety.
SECTION 4 . This resolution is the result of an action taken by the Planning
Commission on November 7, 2011, by the following vote:
YES: ENG, HERRERA, HUNTER, SACCARO, RUIZ
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
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 7 th day of November, 2011.
N n Eng, air
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 7 th day of
November, 2011, by the following vote:
Michelle Ramirez, Se re ry
APPROVED AS TO FORM ::
you / z X TO , Nv -
Gregory M. Murphy, Planning Commissi n Attorney
Burke, Williams & Sorensen, LLP