PC - 2012-16 - Approving Conditional Use Permit 12-07 to Expand the Existing Asian Pacific Family CenterPC 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
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
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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
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
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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:
HERRERA, HUNTER, RUIZ AND SACCARO
NO:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
RECUSE:
ENG
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.
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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:
HERRERA, HUNTER, RUIZ AND SACCARO
NO:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
RECUSE:
ENG
Michelle Ramirez, Sec tary
APPROVED AS TO FORM:
Gregory . Murphy, Plannin Commission Attorney
Burke, illiams & Sorensen, LLP
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
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.
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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.
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