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PC - 2012-04 - Approving Conditional Use Permit 11-10 for Conversion at 8752 Valley BoulevardPC RESOLUTION 12 -04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 11 -10 FOR CONVERSION OF AN EXISTING 7,547 SQUARE FOOT RESTAURANT INTO A MEDITATION TEMPLE, LOCATED AT 8752 VALLEY BOULEVARD IN THE C -313 (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN: 5390 -010 -081). WHEREAS, on July 6, 2011, Hari Alipuria submitted an application to convert an existing 7,547 square foot restaurant into a meditation temple located at 8752 Valley Boulevard; and WHEREAS, 8752 Valley Boulevard is located in the C -3D (Medium Commercial with a Design Overlay) zoning district; and WHEREAS, Section 17.112.020 (2) of the Rosemead Municipal Code (RMC) allows churches or other places used exclusively for religious worship, upon the granting of a Conditional Use Permit (CUP) by the Planning Commission. 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 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 February 23, 2012, forty -three (43) 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 -10; and on February 24, 2012, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on March 5, 2012, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 11 -10; 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 -10 is Categorically Exempt from environmental review as a Class 32 Exemption pursuant to Section 15332 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 -10 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 for Commercial, and on the zoning map it is designated for C -31D (Medium Commercial with a Design Overlay) zone. The proposed use is in conformity with the General Plan in that the C -3D zoning is a corresponding zone district with the Commercial General Plan land use category. 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 project includes a request for a Conditional Use Permit for the conversion of an existing 7,547 square foot restaurant into a meditation temple. Due to the small worship area proposed within the temple, the operation impacts are anticipated to be minimal. Although the first floor totals approximately 4,500 square feet, only 359 square feet will be used for worship area. Staff has worked closely with the applicant to ensure that the floor plan design limits the occupancy to that regulated by the Building Code. The remaining square footage will consist of a religious gift shop, walkways, physical elements (such as water features and guard rails), the kitchen, and restrooms. The physical elements will be used to clearly define walkways and the designated worship area in the building. The applicant is proposing to maintain all existing light standards, landscaping and fencing onsite. The existing 6' -0" block walls surround the parking lot area, which provides a buffering between the parking lot area and the adjacent residential properties. The existing lighting, which will be maintained, is fully shielded and downward facing. Therefore,. no new source of light glare will be generated by the project. Lastly, several conditions of approval have been added to ensure that all property maintenance issues are corrected, such as landscape rehabilitation, parking lot rehabilitation, repainting of the building, and cleaning the storefront windows. 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 project consists of the conversion of an existing 7,547 square foot restaurant into a meditation temple known as the Gita Meditation Temple. No exterior renovation is proposed. The proposed meditation temple will be conducted entirely within the enclosed building. The applicant is proposing to maintain all existing light standards, landscaping and fencing onsite. The existing 6' -0" block walls surround the parking lot area, which provides a buffering between the parking lot area and the adjacent residential properties. The existing lighting, which will be maintained, is fully shielded and downward facing. Therefore, no new source of light glare will be generated by the project. Lastly, several conditions of approval have been added to ensure that all property maintenance issues are corrected, such as landscape rehabilitation, parking lot rehabilitation, repainting of the building, and cleaning the storefront windows. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 11 -10 to convert an existing 7,547 square foot restaurant into a meditation temple, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4 . This action shall become final and effective ten (10) days after the Planning Commission decision, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Section 17.124.070 of the Rosemead Municipal Code. SECTION 5 . This resolution is the result of an action taken by the Planning Commission on March 5, 2012, by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ AND SACCARO NO: NONE ABSTAIN: NONE ABSENT: 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 5 th day of March, 2012. N Nana g, 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 5 th day of March, 2011 by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ AND SACCARO NO: NONE ABSTAIN: NONE ABSENT: NONE Michelle Ramirez, Secretary APPROVED,AS TO FORM: Gregon".)1'urph , lanning Commis n Attorney Burke, Williams Sorensen, LLP EXHIBIT "13 11 CONDITIONAL USE PERMIT 11 -10 8752 VALLEY BOULEVARD (APN: 5390 - 010 -081) CONDITIONS OF APPROVAL March 5, 2012 1. Conditional Use Permit 11 -10 is approved for the conversion of a 7,547 square foot restaurant into a meditation temple, in accordance with the plans marked Exhibit "C ", dated January 25, 2012. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. Approval of Conditional Use Permit 11 -10 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. Conditional Use Permit 11 -10 is approved for a period of six (6) months from the Planning Commission approval date. The applicant shall initiate the proposed use, or request an extension within 30- calendar days before the expiration of the six (6) month approval period. Otherwise, Conditional Use Permit 11 -10 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. Conditional Use Permit 11 -10 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 -10. 6. 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. 7. 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. 8. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building divisions for review. 9. The hours of operation shall be limited to 9:00 a.m. to 9:00 p.m., daily. The hours of operation shall be posted on the front window or door. 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. Prior to submittal to the Planning, Building, Fire, Sheriff, and Health Departments for any approvals related to this Conditional Use Permit, the applicant shall submit a revised and correct site plan to the Planning Division, which shall be subject to Division review and approval. 11. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Planning Division. All trash and debris shall be contained within approved trash enclosure(s). 12. The numbers of the address sign 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. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 14. 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. 15. The applicant shall maintain a minimum clearance of five (5) feet (free of any debris, storage, furniture, etc.) from any electrical /mechanical equipment and /or emergency exits. 16. 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. The trash enclosure doors shall be closed at all times. 17. Conditions of approval listed on Exhibit "B" shall be copied directly onto final development plans submitted to the Planning and Building Division for review. 18. 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 and have wheel stops. Such striping shall be maintained in a clear, visible, and orderly manner. 19. Adequate lighting shall be provided in the parking area where deemed appropriate by the Planning Division. All exterior lighting shall be directed away from adjacent properties. 20. The landscaped areas shall be maintained with adequate landscaping on a regular basis, including the removal of trash and litter, the replanting of dead or missing shrubs and plants as shown on the aforementioned plans, as well as the periodic pruning of dead limbs and branches as necessary. 21. Any exterior signage shall be subject to the requirements of the Rosemead Municipal Code and the review and approval of the Planning Division prior to installation. 22. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Conditional Use Permit 11 -10. 23. All driveway entrances and exits shall remain open and unobstructed at all times. 24. Prior to the issuance of Building permits, the existing building shall be repainted. The applicant shall work with Planning Division staff on the selection of the paint color. 25. Prior to the issuance of Building permits, all exterior Christmas lights shall be removed from the building. 26. Prior to the issuance of Building permits, the storefront windows shall be cleaned and maintained. All neon lighting on the storefront windows shall be removed. 27. Prior to the issuance of Building permits, all existing landscape planters onsite shall be rehabilitated and improved with new landscaping. All existing and proposed landscaping shall comply with the City's Water Efficient Landscape regulations. 28. Prior to the issuance of Building permits, the existing trash enclosure onsite shall be upgraded with a solid roof cover. 29. Prior to the issuance of Building permits, the parking lot area shall be rehabilitated (pavement repair, restriping of parking spaces, etc.). All broken wheel stops shall be removed and replaced. Circulation patterns shall be painted along the driveways and parking lot area. 30. All components of the previously used restaurant within the area designated as a "religious gift shop" shall be removed. 31. The second floor shall be closed off to the public and limited to office and storage use only. At no time, shall the open hallways on the second floor be used as assembly area at any time. 32. Any special events, other than regular temple activities, shall require the review and approval of a Special Event Permit by the Community Development Department. 33. All temple activities shall be conducted within the enclosed building. 34. The total occupant load permitted within the meditation area is 52 people. 35. The temple shall not be utilized as living quarters. 36. No classes, seminars, conferences, etc. shall be conducted within the building. 37. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings.