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PC - 2012-11 - Modification 12-05, for the Modification of Conditional Use Permit 34 Allowing Expansion at 8366 Grand AvenuePC RESOLUTION 12 -11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 12 -05, FOR THE MODIFICATION OF CONDITIONAL USE PERMIT NUMBER 34, ALLOWING THE EXPANSION TO THE EXISTING OFFICE BUILDING AND A NEW CARPORT STRUCTURE. THE SUBJECT SITE IS LOCATED AT 8366 GRAND AVENUE, IN THE R -1 (SINGLE FAMILY RESIDENTIAL) ZONE (APN: 5389 - 0001 -901). WHEREAS, on May 7, 2012, San Gabriel County Water District submitted a modification application to requesting to modify previously approved Conditional Use Permit 34 to allow for the expansion to an existing office building and a new carport located at 8366 Grand Avenue; and WHEREAS, 8366 Grand Avenue is located in the R -1 (Single Family Residential) Zone; and WHEREAS, Chapter 17.112 of the Rosemead Municipal Code specifies the criteria by which the aforementioned permit may be granted; and WHEREAS, on July 26, 2012, forty (40) 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 Modification 12 -05; and WHEREAS, on August 6, 2012, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 12 -05; 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 Modification 12 -05 is Categorically Exempt under Section 15301(e) of the California Environmental Quality Act (CEQA) and local environmental guidelines, where projects consist of additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structure before the addition or 2,500 square feet. Modification 12 -05 consists of a 253 square foot addition to an existing 4.595 square foot office building. Accordingly, Modification 12 -05 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 12 -05 according to the Criteria of Chapter 17.112 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; and FINDING: The property is located within a single family residential zone and is designated as Public Facilities in the General Plan. The public facilities designation applies to land uses which are operated and maintained for public benefit. The General Plan permits public facilities to be permitted in all zones. Allowing the expansion to the office building will permit the continued operation of the Water District, which will continue to provide water service for the general public. 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; and FINDING: The site will continue to be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. The San Gabriel County Water District has operated this office building since 1972. The office expansion and carport project is small in nature and would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood. A. 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 site will continue to be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. The San Gabriel County Water District has operated this office building since 1972. The office expansion and carport project is small in nature and would not be detrimental to the health, safety, peace, morals, comfort or general welfare of the City. SECTION 3 . The Planning Commission HEREBY APPROVES Modification 12- 05, permitting the expansion of an existing office building and a new carport located at 8366 Grand Avenue, 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 6, 2012, by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ, SACCARO 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 6th day of.Au ust, 2012. ictor uiz, 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 6 day of August, 2012, by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ, SACCARO NO: NONE ABSENT NONE ABSTAIN: NONE / A n / Michelle Ramirez, SecretaryY APPROV D AS TO FO U Grego urphy, Planing Commission Attorney Burke, illiams & Sorensen, LLP EXHIBIT "B" MODIFICATION 12 -05 (APN: 5389 - 001 -901) CONDITIONS OF APPROVAL August 6, 2012 1. The following conditions of approval 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. 2. Conditions of approval listed in Exhibit "B" shall be copied directly onto final development plans submitted to the Planning and Building Division for review. 3. Modification 12 -05 is approved to permit the expansion of an existing office building and a carport to be developed, in accordance with the architectural plans marked Exhibit "C" dated July 19, 2012. Any revisions to the approved plans must be resubmitted for review and approval by the City of Rosemead Planning Division. 4. Approval of Modification 12 -05 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. 5. Modification 12 -05 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) months 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 the Modification 12 -05 has been unused, abandoned or discontinued for a period of six (6) months it shall become null and void 6. Modification 12 -05 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 Modification 12 -05. 7. 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 aside, 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. 8. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications to the approved plans. 9. 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. 10.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. 11. Prior to the issuance of building permits, all school fees shall be paid. The applicant shall provide the City with written verification of compliance from the School District. 12.City staff shall have access to the subject property at any time during construction to monitor progress and after construction to monitor compliance. 13.Occupancy will not be granted until all improvements required by this approval have been approved, completed, and inspected by the appropriate department(s). 14.The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m. Monday to Saturday. No construction shall take place on Sundays or on any legal holidays without prior City approval. Prior to any construction, the applicant shall send written notice to the property owners within a 300 foot radius of the subject site informing of the commencement of the construction. (Added by Planning Commission August 6, 2012) 15.Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 16.The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of '/4 inches, 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 Division. 17.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. 18.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 authorizing enforcement. 19.The developer shall comply with the City's storm water ordinance and Los Angeles County's SUSMP requirements with respect to planning and development of the site. 20.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. 21.The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Modification 12 -05. 22.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. 23.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. 24.AII roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Division. 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. 25.The applicant shall obtain a building permit for the carport structure prior to the issuance of a building permit for the office addition.