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PC - 2003-57 - Approving Conditional Use Permit 03-931 And Design Review 03-107 Development Of A New 2-Story Commercial Building 9368 East Valley Boulevard Southwest Corner of Valley Boulevard and Rio Hondo AvenuePC RESOLUTION 03 -57 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 03 -931 AND DESIGN REVIEW 03 -107 FOR THE DEVELOPMENT OF A NEW 2 -STORY COMMERCIAL BUILDING, TO BE LOCATED AT 9368 EAST VALLEY BOULEVARD ON THE SOUTHWEST CORNER OF VALLEY BOULEVARD AND RIO HONDO AVENUE (APN: 8594- 005 -009, -010). WHEREAS, on August 6, 2003, Dr. James Sy, of 4118 Rosemead Boulevard, Rosemead, CA 91770, filed applications for a conditional use permit and design review for the development of 2 -story commercial building, located at 9368 East Valley Boulevard; and WH ERE AS, 9368 East Valley Boulevard is located in the C -3D; Medium Commercial with a Design Overlay zone, and WHEREAS, Section 17.72.030 of the Rosemead Municipal Code (RMC) states that design review procedures shall be followed for all improvements involving visible changes in form, texture, color, exterior, fapade or landscaping. Section 17.72.030 sets the criteria required for granting such a design review permit. These criteria require that the proposed use is deemed: • Proper consideration to the general neighborhood; • That the project site and surrounding properties are protected from adverse effects to the environment, and in proper screening to the surrounding area; • The proposed development in its exterior design and appearance cause the nature of the local enviromnent to materially depreciate in appearance and value; • The design is in harmony with the immediate and general area; • In conformity with the standards of this code and other applicable ordinance relative to the location and appearance of the proposed development; and • Proper consideration to functional aspects of site development and visual effects from public streets. WHEREAS, Section 17.72.030 of the Rosemead Municipal Code specifies the criteria by which the aforementioned permit may be granted; and WHEREAS, Section 17.1 12.030(24) of the Rosemead Municipal Code (RMC) allows mini - malls and other similar developments in the C -1, C -3, CBD, M -1, and P -D zones, upon the granting of a Conditional Use Permit (CUP). Section 17.1 12.010 sets citeria required for granting such a permit. These criteria require that the proposed use is deemed: The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. 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 September 25, 2003, 35 notices were sent to property owners within a 300 - foot radius from the subject properly, in addition to notices posted in 12 public locations, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 03 -931 and Design Review 03 -107; and WHEREAS, on October 6, 2003, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 03- 0 931 and Design Review 03 -107; 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 I . The Planning Commission HEREBY DETERMINES that Design Review 03- 107and Conditional Use Permit 03 -931 are Categorically Exempt from environmental review as Class 32 Exemptions pursuant to Section 15332 of the California Environmental Quality Act (CEQA). SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist tojustify approving Conditional Use Permit 03 -931 and Design Review 03 -107 according to the Criteria of Chapters 17.1 12.010 and 17.72.030 of the Rosemead Municipal Code as follows: Conditional Use Permit A. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances ofthe particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working the neighborhood thereof; FINDING: As City policy, a developer must obtain a CUP in order for the development ofa mini -mall or similar development. This site will be operated in accordance with applicable City regulations, and is in confonmity with the development in and around the project site. This project will provide improvements to an existing blighted area. B. 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 property and improvements in the neighborhood. FINDING: The proposed use is located within an established commercial area of the City, and is designated Commercial in the General Plan. The proposed use 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. An extensive review of the proposed project has been conducted relative to its effects to surrounding properties and the welfare of persons residing or working the neighborhood. C. 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. FINDING: The proposed use will not endanger or otherwise constitute a menace to the surrounding properties as conditions of approval have been incorporated upon the issuance of this permit requiring: limitations to the type of land uses to the mini -mall, the installation of new landscaping and fencing, construction hours, periodic inspections, and the overall maintenance of the site. Desipr Review A. The plans indicate proper consideration for the relationship between the proposed development and the general neighborhood; FINDING: Surrounding uses on Valley Boulevard are commercial businesses. The proposed development will "eliminate blight and a deteriorating corner in a commercial area of the City. B. The plan for the proposed building indicates the maumer in which properties are protected against factors which may have an adverse effect on the environment; FINDING: Conditions of approval have been incorporated to eliminate any adverse effects on the environment as a result of the proposed project. Factors such as noise, construction hours, screening 0 of mechanical equipment, landscaping, and the overall maintenance of the property have been addressed in the conditions. C. The proposed development, in its exterior design and appearance, will not cause the nature of the local environment to materially depreciate in appearance and value; FINDING: The proposed use is consistent with surrounding uses and staff has worked with the project architect in the design of the building to ensure an aesthetically attractive project. Architectural elements such as stone veneer, concrete roof tiles, tile inserts, etc., have been added to the design of the proposed development. In addition, the project will include new landscaping,and fencing. D. The proposed project is in harmony with land uses in the immediate and general area; FINDING: The proposed use is commercial. Surrounding land uses are commercial in nature. The development is proposed on one of the City's busiest major arterials. E. The proposed development is in conformity with the standards of this code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved; FINDING: The proposed project will be developed in accordance with the standards of the C -3 zone. The proposed project is in conformity with the land use designation of the General Plan. F. The site plan and design of the proposed project indicates that proper consideration has been given to both the functional aspects of the site development and the visual effect of the development from the view of public streets. FINDING: The proposed project meets all the requirements of tile C -3 (Medium Commercial) zone including parking, building height, and landscape requirements. The facade of the proposed development includes architectural elements such as clay insert details, stone veneer, and tinted galss storefront windows. New landscaping is proposed for the entire project area. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 03 -931 and Design Review 03 -107 for the construction of 2- storycommercial building on property located at 9368 Valley Boulevard , subject to conditions listed in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 4 . This resolution is the result of an action taken by the Planning Commission on October 6, 2003, by the following vote: YES: LOI, BREEN, KELTY, I-IERRERA 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 20` day of October, 2003. k J-,6 - A,4 A i, Diana Herrera, Chairperson • • CERTIFICATION I hereby certi fy that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City ofRoscmcad at its regular meeting, held on the 20 day of October 2003 by the following vote: YES: NO: ABSENT:. ABSTAIN: Bradford Jbhnson, Secretary r Ra cad Planning Commission CUP 03 -931, DR 03 -107 October 6, 2003 Page 5 of 6 EXHIBIT A CONDITIONAL USE PERMIT 03 -931 DESIGN REVIEW 03 -107 9368 East Valley Boulevard (Southwest Comer of Valley and Rio Hondo) CONDITIONS OF APPROVAL October 6, 2003 Design Review 03 -107 and Conditional Use Permit 03 -931 are approved for the development of a commercial building in accordance with the plan marked Exhibit "B ". Any revisions to the approved plans and colored elevations must be resubmitted for review and approval by the Planning Department. 2. Approval of Design Review 03 -107 and Conditional Use Permit 03 -931 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 set forth in the letter of approval and this list of conditions. 3. Design Review 03 -107 and Conditional Use Permit 03 -931 are approved for a period of one (1) year. Applicant shall make progress towards initiation of proposed use or request an extension 30 days prior to expiration from the Planning Commission. Otherwise Design Review 03 -107 and Conditional Use Permit 03 -931 shall become null and void. 4. 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. 5. Prior to the issuance of building permits, all fees payable under State Law shall be paid. 6. Planning staff shall have access to the subject property at any time during construction to monitor progress. 7. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Department. 8. 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. The location, color and size of such sign shall be subject to the approval of the Planning Director. 9. Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 10. All conditions of Case No.: DESIGN REVIEW 03 -107 and CONDITIONAL USE PERMIT 03 -931 must be complied with to the satisfaction of the Director of Planning. 11. A permanent maintenance program of all landscaping shall be provided insuring regular irrigation, fertilization and weed abatement. 12. Window signage area shall be limited to a maximum of 15% of the window and door area. Applicant shall remove that signage which exceeds the 15% coverage area. 13. Signs shall comply with the sign program indicated in this report and that of Chapter 17.104 of the Rosemead Municipal Code. A uniform signage program shall be developed and submitted to the Plarming Department for review and approval. 14. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the planning and building departments for review. Ro�ead Plarn Commission CUP 03 -931; DR 03 -107 October 6, 2003 Page 6 of 6 15. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 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) 307 0463 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. 18. Adequate lighting shall be provided in the vehicle parking area. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. 19.. The }parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Department. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking venues shall be striped. Such striping shall be maintained in a clear, visible, and orderly manner. 20. Pursuant to California Vehicle Code Section § 22261.8, at least two (2) percent of the required parking stalls shall be designated for handicap space. A letter by the property owner shall be given to the city authorizing enforcement. . 21. The parking space markers— including double striping, wheel stops, and handicapped- - shall be repainted periodically to city standards and to the satisfaction of the planning department. 22. The applicant shall keep the electrical and mechanical equipment and /or emergency exits free of any debris, storage, furniture, etc., and maintain a minimum clearance of five (5) feet. 23. Any changes to the condition of operation listed in this Exhibit "A" must be first approved by the Planning Commission through a modification application. 24. The Plamring Department staff shall conduct periodic inspections during the construction process of this proposed development. 25. A landscape and irrigation plan shall be submitted to the Planning Department prior to issuance of Building Permits. The landscape/ irrigation plan shall include an automatic sprinkler system and moisture sensors. 26. 'All existing structures on the site shall be demolished within ninety (90) days of this . approval. 27. Prior to construction commencing, the contractor shall schedule a pre - development meeting with the Planning Department staff to review the conditions of approval and construction plans. 28. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings.