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PC - Item 3A - Conditional Use Permit 12-07 at 9353-9363 Valley BoulevardROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: AUGUST 20, 2012 SUBJECT: CONDITIONAL USE PERMIT 12 -07 9353 -9363 VALLEY BOULEVARD Summary Randy Planegger, property owner of "Rio Hondo Plaza ", has submitted a Conditional Use Permit application, requesting to expand the existing Asian Pacific Family Center located at 9353 Valley Boulevard into another building within the same commercial center, located at 9363 Valley Boulevard. The subject site is located at 9353 -9363 Valley Boulevard, in the C -3D (Medium Commercial with a Design Overlay) zone. Environmental Determination Section 15301 of the California Environmental Quality Act and local environmental guidelines exempt projects that consists of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Accordingly, Conditional Use Permit 12 -07 is classified as a Class 1 Categorical Exemption pursuant to Section 15309 of CEQA guidelines. Staff Recommendation Based on the analysis and findings contained in this report, staff recommends that the Planning Commission APPROVE Conditional Use Permit 12 -07 and ADOPT Resolution No. 12 -07 with findings (Exhibit A), subject to the twenty -three (23) conditions outlined in Exhibit "B" attached hereto. Property History & Description The subject site is located at northwest corner of Rio Hondo Avenue and Valley Boulevard. The subject site is located on one (1) parcel totaling 42,570 square feet. According to Planning Division records, on November 19, 1990, the Planning Commission approved Conditional Use Permit 90 -508 and Zone Variance 90 -209, for the construction of a mini -mall development with three (3) commercial buildings and less than required parking. On May 4, 1992, the Planning Commission approved a Planning Commission Meeting August 20, 2012 Page 2 of 14 modification to Conditional Use Permit 90 -508 and Zone Variance 92 -235 for the operation of a take -out restaurant (Pizza Hut) at Building "A" with less than required parking. On July 1, 2002, the Planning Commission approved a second modification to Conditional Use Permit 90 -508 (CUP 90 -508 MOD 2), Design Review 02 -99 and Zone Variance 02 -318 for an addition to attach Building "B" and Building "C" with less than required parking. Please find a site plan illustrating the Planning Commission approvals below. Addition (CUP 90 -508 MOD 2, DR 02 -99 and ZV 02 -318) Building "B" T. a w i •p � 1 � `* k r „� t a , Previously Building "C " ` i x x '44 - � • ° - -= �% k \_ - Building "A" According to Building and Safety Division records, the property is currently developed with two (2) commercial buildings. The Asian Pacific Family Center has been operating on the subject site since 1993. They were originally operating a portion of Building "B ", Planning Commission Meeting August 20, 2012 Page 3 of 14 - however, through the years, they have expanded into the entire Building "B" (L- shaped building located along the west and south property lines). Southeast Elevation Site & Surroundina Land Uses The site is designated in the General Plan for Mixed Use: Industrial /Commercial, and on the zoning map it is designated for C -3D (Medium Commercial with a Design Overlay) zone. The site is surrounded by the following land uses: North C -31D (Medium Commercial with a Design Overlay) General Plan: Low Density Residential Zoning: R -1 (Single Family Residential) Land Use: Residential South: C -31D (Medium Commercial with a Design Overlay) General Plan: Commercial Zoning: C -31D (Medium Commercial with a Design Overlay) Land Use: Commercial East: General Plan: Commercial Zoning: C -31D (Medium Commercial with a Design Overlay) Land Use: Commercial West: General Plan: High Density Residential and Low Density Residential Zoning: R -2 (Low Density Residential) and R -1 (Single Family Residential) Land Use: Residential Planning Commission Meeting August 20, 2012 Page 4 of 14 Administrative Analysis The Asian Pacific Family Center is a private nonprofit mental health and behavior healthcare agency. They offer a range of services, such as outpatient mental health services, which includes outpatient psychotherapy, psychosocial, case management, psychiatric medication monitoring, and wellness recovery support. They also offer behavioral health interventions, which include substance abuse prevention, violence prevention, positive youth development, and bicultural parenting education. According to Rosemead Municipal Code Section 17.112.020 (22), medical clinics for the treatment of contagious diseases, mental illnesses, or substance abuse (liquor, drugs, etc.) cases require the approval of Conditional Use Permit. Although Asian Pacific Family Center has been operating at the subject site since 1993, a Conditional Use Permit was never approved for the use. Staff does not know why previous City Staff members did not require a Conditional Use Permit for this use, but because one is required, the requested expansion of the business gives the City the ability to implement the required permit. Business Operation According to the applicant, the business will operate six (6) days a week, from 9:00 a.m. to 5:00 p.m., Monday, Wednesday, and Friday, from 9:00 a.m. to 8:00 p.m. on Tuesday and Thursday, and from 9:00 a.m. to 1:00 p.m. on Saturday. Floor Plan Building "B" (L- shaped building located along the west and south property lines) is currently developed as an office building, occupied by the Asian Pacific Family Center. Building "A" was previously occupied by Pizza Hut. According to the property owner, all fixtures, counters, refrigerators, sinks, and hoods have been removed from the building. Once the Conditional Use Permit is approved, the property owner will submit a tenant improvement to the City for the remodeling of Building "A ". The proposed floor plan includes an office area, a supply room, a lunch room, and restrooms Parking and Circulation The site is accessed directly from Valley Boulevard or Rio Hondo Avenue via two -way drive aisle. No changes to the circulation of the site are proposed with this project. A total of sixty -six (66) parking spaces are provided onsite. Rosemead Municipal Code (RMC) Section 17.84 states that office use must provide one parking space for every 250 square feet of floor area. The two buildings total a combined floor area of 18,447 square feet. A total of seventy-four (74) parking spaces are required in order to comply with RMC Section 17.84 Off - Street Parking Regulations. The site plan illustrates that the subject site does not meet this requirement, as only sixty -six (66) parking stalls are provided. This property is considered legal non - conforming due to the lack of required parking spaces on site and the building's construction prior to the institution of the City's current Planning Commission Meeting August 20, 2012 Page 5 of 14 parking requirements. RMC Section 17.12.060(E) provides a list of permitted uses for properties with less than the required number of parking spaces, including office uses. The requested permit is therefore consistent with the RMC. Code Enforcement Case A Code Enforcement Case (CE 12 -0275) was opened on February 28, 2012, for the construction of interior tenant improvements in Building "A" without City approvals or permits. The property owner would like to legalize all improvements once the Planning Commission has approved Conditional Use Permit 12 -07. Municipal Code Requirements Section 17.112.020 (22) of the Rosemead Municipal Code (RMC) allows the operation of medical clinics for the treatment of contagious diseases, mental illnesses, or substance abuse (liquor, drugs, etc.) cases in any zone upon the granting of a Conditional Use Permit (CUP). Section 17.112.010 sets the following criteria that must be met: A. The granting of such a Conditional Use Permit will be in harmony with the elements or objectives of the General Plan. The site is designated in the General Plan for Commercial, and on the zoning map it is designated for C -3D (Medium Commercial with a Design Overlay) zone. 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. 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. The expansion of the Asian Pacific Family Center will not be detrimental to the health, safety, piece, morals, comfort or general welfare of the persons residing or working in the neighborhood. The Asian Pacific Family Center has been operating in the commercial center since 1993. The Asian Pacific Family Center is a private nonprofit mental health and behavior healthcare agency. They offer a range of services, such as outpatient mental health services, which includes outpatient psychotherapy, psychosocial, case management, psychiatric medication monitoring, and wellness recovery support. They also offer behavioral health interventions, which includes substance abuse prevention, violence prevention, positive youth development, and bicultural parenting education. C. The granting of such a conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. Planning Commission Meeting August 20, 2012 Page 6 of 14 The proposed use will not be detrimental or injurious to the general welfare of the City. The site is completely developed. The Asian Pacific Family Center is requesting to expand their existing office located at 9353 Valley Boulevard into another building within the same commercial center, located at 9363 Valley Boulevard. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300' radius public hearing notice to fifty -one (51) property owners, publication in the Rosemead Reader, and postings of the notice at the six (6) public locations and on the subject site. Prepared by: 4 Lily Trinh Assistant Planner Submitted by: ..•••• 4W'd `i� Michelle Ramirez Community Development Director EXHIBITS: A. Planning Commission Resolution No. 12 -16 B. Conditions of Approval C. Site Plan and Floor Plan D. Assessor Parcel Map (8592- 010 -025) Planning Commission Meeting August 20, 2012 Paqe 7 of 14 EXHIBIT "A" PC RESOLUTION 12 -16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 12 -07, TO EXPAND THE EXISTING ASIAN PACIFIC FAMILY CENTER LOCATED AT 9353 VALLEY BOULEVARD INTO ANOTHER BUILDING WITHIN THE SAME COMMERCIAL CENTER, LOCATED AT 9363 VALLEY BOULEVARD. THE SUBJECT SITE IS LOCATED AT 9353 -9363 VALLEY BOULEVARD IN THE IN THE C -313 (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN: 8592 - 010 -025). WHEREAS, on June 21, 2012, Randy Planneger, property owner of "Rio Hondo Plaza" submitted a Conditional Use Permit application, requesting to expand the existing Asian Pacific Family Center located at 9353 Valley Boulevard into another building within the same commercial center, located at 9363 Valley Boulevard; and WHEREAS, 9353 -9363 Valley Boulevard is located in the C -3D (Medium Commercial with a Design Overlay) zone; and WHEREAS, Section 17.112.020 (22) of the Rosemead Municipal Code (RMC) permits the operation of medical clinics for the treatment of contagious diseases, mental illnesses, or substance abuse (liquor, drugs, etc.) cases in any zone upon the granting of a Conditional Use Permit. Section 17.112.010 sets criteria required for granting such a permit. These criteria require that the proposed use is deemed: 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, Sections 17.112.010 of the Rosemead Municipal Code specifies the criteria by which a Conditional Use Permit may be granted; and Planning Commission Meeting August 20, 2012 Page 8 of 14 WHEREAS, on August 9, 2012, fifty -one (51) 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 12 -07, and on August 9, 2012, the notice was published in the Rosemead Reader; and WHEREAS, on August 20, 2012, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 12 -07; 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 12 -07 is Categorically Exempt from environmental review as a Class 1 Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) and local environmental guidelines covering projects that consists of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 12 -07 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The granting of such a 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 C -3 (Medium Commercial) 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 be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood thereof. FINDING: The expansion of the Asian Pacific Family Center will not be detrimental to the health, safety, piece, morals, comfort or general welfare of the Planning Commission Meeting August 20, 2012 Page 9 of 14 persons residing or working in the neighborhood. The Asian Pacific Family Center has been operating in the commercial center since 1993. The Asian Pacific Family Center is a private nonprofit mental health and behavior healthcare agency. They offer a range of services, such as outpatient mental health services, which includes outpatient psychotherapy, psychosocial, case management, psychiatric medication monitoring, and wellness recovery support. They also offer behavioral health interventions, which includes substance abuse prevention, violence prevention, positive youth development, and bicultural parenting education. C. The granting of such a conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. FINDING: The proposed use will not be detrimental or injurious to the general welfare of the City. The site is completely developed. The Asian Pacific Family Center is requesting to expand their existing office located at 9353 Valley Boulevard into another building within the same commercial center, located at 9363 Valley Boulevard. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 12 -07, to allow the expansion of the existing Asian Pacific Family Center located at 9353 Valley Boulevard into another building within the same commercial center, located at 9363 Valley Boulevard, 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 20, 2012, 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 the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 20 day of August, 2012. Victor Ruiz, Chair Planning Commission Meeting August 20, 2012 Page 10 of 14 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 20 day of August, 2012 by the following vote: YES: NO: ABSENT: ABSTAIN: Michelle Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting August 20, 2012 Page 11 of 14 EXHIBIT "B" CONDITIONAL USE PERMIT 12 -07 (APN: 8592 - 010 -025) CONDITIONS OF APPROVAL August 20, 2012 1. Conditional Use Permit 12 -07 is approved for the expansion of the existing Asian Pacific Family Center located at 9353 Valley Boulevard into another building within the same commercial center, located at 9363 Valley Boulevard in accordance with the plans marked Exhibit "C ", dated August 2, 2012. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Conditional Use Permit 12 -07 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 12 -07 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, Zone Change 12 -01 and Conditional Use Permit 12 -07 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 12 -07 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 12 -07. 6. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or Planning Commission Meeting August 20, 2012 Page 12 of 14 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 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 /her designee, prior to installation. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. Planning Commission Meeting August 20, 2012 Page 13 of 14 15. 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 12 -07. 16. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 17. 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. 18. Window signs shall not cover more than 15% of window and glass door areas. All banners and temporary signs shall be permitted by the Rosemead Planning Division prior to installation. 19. The applicant shall obtain a City of Rosemead Business License for the business operation. 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. The parking area located along the north property line, adjacent to the alley, shall be re- striped. 22. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. Engineering Conditions of Approval 23. Two (2) box parkway trees must be installed in existing 2.5'X3' tree wells, within the City right -of -way. Planning Commission Meeting August 20, 2012 Page 14 of 14 8592 I 30 y t 1 W 2010 14 f R > 2 EXHIBIT "B" JOS �c n 3 ^ l PARCEL .MAP e . z - _ I P.M. 263 -70 1 TRACTS - NO.( 941.1' - 0005 M.B. 127 -72 5216 12 830 PARCEL MAP P. M. 135 - 35 Fx N..... I. essz -!s PARCEL _ MAP P. M. 170.37 TRACT NO. 12662 MB, 246 -29 PARCEL MAP P M. 135 - 57 PARCEL MAP .. N. 217 = T7 IXTRIL 3'ea % -1-69 NO SCALE ... f INDO � a � 4 Y ieO3xxr � 19 �F ���' arei4somwn \ 2830 V ©. 1 AVE. ... f 4 Y BM 859' 19 ¢ J J SUBJECT � 5 391 SITE PARC _MAP P M. 364 -55 -56 An_; 'gSry lhOflES. tlLiF.