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PC - 2002 - 42 - Approving Design Review 02-100 and Zone Variance 02-319 for Facade Improvements to an Existing Structure and for A Variance from Rosemead Municipal Code Section 17.84.070(B) for Providing Less than the Required Parking Space for a Bakery9 0 PC RESOLUTION 02 -42 A RESOLUTION OF THE PLANNING COMMISSION OF ThIE CITY OF ROSEMEAD APPROVING DESIGN REVIEW 02 -100 AND ZONE VARIANCE 02 -319 FOR THE CONSTRUCTION OF FAQADE IMPROVEMENTS TO AN. EXISTING STRUCTURE AND FOR A VARIANCE FROM ROSEMEAD MUNICIPAL CODE SECTION 17.84.070(B) FOR PROVIDING LESS THAN.THE REQUIRED PARKING SPACES FOR THE ESTABLISHMENT OF A BAKERY, LOCATED AT 8702 VALLEY BOULEVARD (APN: 5390-010-077,-064). WHEREAS, on July 18, 2002, Denise Do D.B.A. Mr. Baquette, filed applications for a design review and zone variance for the construction of fapadc improvements to an existing structures and for a variance from Rosemead Municipal Code Section 17.84.070(B) for providing less than the required number of parking spaces, located at 8702 Valley Boulevard; and WHEREAS, 8702 Valley Boulevard is located in the C -3 D; Medium Commercial with a Design Overlay zone, and WHEREAS, Section 17.72.030 of the Rosemead Municipal Code (RMC) permits that design review procedures shall be followed for all improvements involving visible changes in form, texture, color, exterior, fagade or landscaping. RMC Section 17.84.070(B) requires that land uses that include drive - through and take -out which serve food and drink to the public that there shall not be less than ten spaces for every additional fifty (50) square feet of floor area as provided parking. WHEREAS, 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 design is in harmony is in 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. Section 17.112.010 sets the criteria required for granting such a zone variance permit. These criteria require that the proposed use will not: • Grant a special privilege inconsistent with limitations on other properties; • Be materially detrimental or injurious to the public and surrounding area; • Adversely affect the comprehensive general plan; • That due to the strict enforcement of the code, the project site would be deprived of privileges enjoyed by like properties and land uses. 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 WIIEREAS, on August 8, 2002,34 notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in 9 public locations, specifying the availability of the application, plus the date, time and location of the public hearing for Design Review 02 -100 and Zone Variance 02 -319; and WHEREAS, on August 19, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 02 -100 and Zone Variance 02 -319; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following deterniination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1 . The Planning Commission HEREBY DETERMINES that Design Review 02- 100 is Categorically Exempt from environmental review as a Class 1 Exemption pursuant to Section 15301of the California Environmental Quality Act (CEQA); and Zone Variance 02 -319 is Categorically Exempt from environmental review as a Class 5 Exemption pursuant to Section 15305 of the California Environmental Quality Act (CEQA). SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 02 -100 and Zone Variance 02 -319 according to the Criteria of Chapters 17.72.030 and 17.112.010 of the Rosemead Municipal Code as follows: A. The plans indicate proper consideration for the relationship between the proposed building and site developments that exit or have been approved for the general neighborhood. FINDING: The property owner plans to construct fagade improvements to an existing dilapidated building and add other aesthetically pleasing improvements for the development of a bakery. This site will be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. B. The plan for the proposed building and site developments indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations and other factors, which may have an adverse effect on the government, and the manner of screening mechanical equipment, trash, storage, loading areas. FINDING: This proposed construction solely consists of fagade improvements to an existing building. The applicant is responsible to ensure that the hours of construction comply with those indicated in the city's noise ordinance. The proposed improvements include appropriate consideration for the screening of mechanical equipment, trash, storage, and loading areas. C. The proposed building or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing building or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value. FINDING: The proposed development has been reviewed in consideration of the existing business and residents in the surrounding neighborhood. The proposed fagade improvements will be a great improvement to the existing site and is not so at variance with the appearance of other buildings or site developments in the surrounding area. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in those instances where building are within or adjacent to land shown on the General Plan as being part of the Civic Center or in public or educational use, or are within or immediately adjacent to land included within any precise plan which indicates building shape, size or style; FINDING: Though the proposed project is not located adjacent to the Civic Center or public use, or adjacent to any property within a precise plan, staff has reviewed this proposal to be harmonious in design with the structures within the surrounding area, as well as providing a enduring and aesthetically pleasing architecture. 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 re involved; and o • FINDING: The proposed use is located within an established commercial district 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. F. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaries and other site features indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effect of the development from the view of public streets. FINDING: Staff has conducted an extensive review of the proposed improvements in respect of the functional aspects of the site and its visual effects from the view of public streets. The site itself is situated in a property that provides sufficient parking, adequate traffic circulation with two driveways, and appropriate pedestrian accessibility with the street front building. All landscaping, signs, and other site features have been selected in consideration of its visibility and its improvement to the commercial district. G. Constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity; FINDING: This project will not be granted a special privilege since adjacent properties are similar in that parcels are limited in size and there are other similar retail establishments that operate well with the same number of parking available provided in this site. 1 -1. Be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity; FINDING: The operation of this business with its existing parking spaces will not be materially detrimental to the public health or welfare or be injurious to the property or improvements in the vicinity because a majority of the business is retail in nature; most customers will either be pedestrians who derive from the neighboring residences or from public transit; and dine -in time should be shorter than a sit -down restaurant. 1. Adversely affect the comprehensive General Plan; and FINDING: In the General Plan, the land use designation for this site is Commercial. The proposed project will comply with the intent of the General Plan by encouraging the development of a balance of land use types, which are logically interrelated with one another, and by positively impacting the City through providing corresponding benefits to the City and its residents. J. That because of special circumstances, the strict enforcement of the code would deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classification. FINDING: The strict enforcement of this parking requirement would limit the type of similar retail and bakery land uses that could occupy' this subject site as compared to other commercial centers in the vicinity. This would in turn adversely affect the economic interests of the City and discourage prospective businesses in investing in this commercial district. SECTION 3 . The Planning Commission HEREBY APPROVES Zone Variance 02 -319, and Design Review 02 -100 for the construction of faoade improvements to an existing structures and for a variance from Rosemead Municipal Code Section 17.84.070(B) for providing less than the required number of parking spaces, on properly located at 8702 Valley Boulevard, subject to conditions listed in Exhibit "A" attached hereto and incorporated herein by reference. 0 0 SECTION 4 . This resolution is the result of an action taken by the Planning Commission on August 19, 2002, by the following vote: YES: BREEN, ALARCON, ORTIZ, HERRERA NO: NONE ABSENT: LOI 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 16 "' day of September 2002. Duc Loi, 0 ra] 11 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 16 "' day of September 2002 by the following vote: YES: NO: ABSENT: ABSTAIN: Johnson, Secretary O Rosemead Planning Commnis.sion Design Review 02 -100, Zone Variance 02 -319 August 19, 2002 Page 5 of 8 EXHIBIT A DESIGN REVIEW 02 -100 ZONE VARIANCE 02 -319 8702 East Valley Boulevard CONDITIONS OF APPROVAL August 19, 2002 Design Review 02 -100 and Zone Variance 02 -319 are approved for exterior facade improvements to an existing building and for a variance from Rosemead Municipal Code Section 17.84.070(B) for providing with less than the required number of parking, in accordance with the plan marked Exhibit `B" and submitted colored elevations and color and material sample boards. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2. Approval of Design Review 02 -100 and Zone Variance 02 -319 shall not take effect for any purpose until the applicant has filed with the City of Rosemead an affidavit staling that they are aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions. 3. Design Review 02 -100 and Zone Variance 02 -319 is approved fora one (1) year period. 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 02 -100 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 Flealth Departments. 5. All conditions of case No(s): Design Review 02 -100 and Zone Variance 02 -319, must be complied with to the satisfaction of the Director of Planning, prior to final approval of associated maps, building permits, occupancy permits, or any other appropriate request. 6. The conditions listed on this Exhibit shall be copied directly onto development plans submitted to the Planning and Building Departments for review. 7. All plans for tenant signage must be submitted for review and approval by the Planning Department. Signage shall consist of channel letters on a metal raceway. 8. The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to the hours of 6 A.M. to 10 P.M:, daily. 9. Building pennits 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. 10. 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. Materials, colors, location and size of such address numbers shall be approved by the Director of Planning prior to installation. it. All requirements of the Building and Safely Department and Planning Department shall be complied with prior to the final approval of the proposed construction. 12. Building pen 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. 13. Prior to issuance of building pennits, all school fees shall be paid. The applicant shall provide the City with written verification of compliance from the Unified School District. o � Rosemead Planning Commission Design Review 02 -100, Zone Variance 02 -319 Augusl 19, 2002 Page 6 of 8 14. The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday - Saturday. No construction shall take place on Sundays or on any legal holidays without prior approval by the City. 15. Planning staff shall have access to the subject property at any time during construction to monitor progress. 16. The conditions listed on this Exhibit "A" shall be copied directly onto development plans submitted to the Planning and Building Departments for review. 17. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 18. Driveways and parking areas shall be surfaced and improved with asphaltic concrete as shown on Exhibit "B"; and thereafter maintained in good serviceable condition. 19. Prior to issuance of Building permits, a landscape and irrigation plan shall be submitted to the Planning Department for review, reflecting preliminary approval of landscape /site plan, commonly referred to as Exhibit B. Irrigation plan shall include automatic timers and moisture sensors. All landscaping and irrigation shall be installed and completed prior to final Planning Department approval. 20. Automated irrigation shall be installed, and approved by the Planning Department. 21. All open area not covered by concrete, asphalt, or structures shall be landscaped with turf, trees and shrubs and shall be maintained as necessary. 22. No trees shall be removed other than those shown on the approved plans. 23. Landscape materials and irrigation systems are to be inspected by a City representative prior to final release of utilities. 24. All ground level mechanical /utility equipment (including meters, back flow preservation devices, fire valves, A/C condensers, furnaces 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. Said screening shall be approved by the Director of Planning before installation. Location of air conditioning /heating unit shall be noted on submittal of development plans. 25. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Department. 26. The property shall be graded to drain to the street, but in no case shall such drainage be allowed to sheet flow across public sidewalk. A grading and /or drainage plan shall be prepared, submitted to and approved by the Building Official, and such grading and drainage shall take place in accordance with such approved plan. 27. 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. Materials, colors, location and size of such address numbers shall be approved by the Director of Planning prior to installation. 28. Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 29. All ground level mechanical /utility equipment (including meters, back flow preservation_ devices, fire valves and other equipment) shall be screened by screening walls and /or landscaping to the satisfaction of the Planning Department. Rosemead Planning Commission Design Review 02 -100, Zone Variance 02 -319 August 19, 2002 Page 7 of 8 30. A permanent maintenance program of all landscaping shall be provided insuring regular irrigation, fertilization and weed abatement. 31. All requirements of the Building and Safety Department and Planning Department shall be complied with prior to the final approval of the proposed construction. 32. All trash, rubbish and garbage receptacles shall be regularly cleaned, and inspected and maintained in a clean, safe and sanitary condition. 33. The site shall be maintained in a clean, weed, 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. Any new litter and graffiti shall be removed within twenty -four (24) hours. 34. Signs shall comply with Section 17.104 of the Rosemead Municipal Code (RMC). Signs shall not cover more than 25% of the building area or 15% of window area. All signs shall comply with Section 17.104.080 (RMC) regarding identification of the business in English. 35. 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. 36. All designated parking areas shall be striped in accordance with Chapter 17.84 of the Rosemead Municipal Code and the approved plans. Such striping shall be maintained in a clear, visible and orderly manner. 37. The parking space markers shall be re- painted periodically to City standards to the satisfaction of the Planning Department, including double striping, wheel stops and handicapped parking /markings. 38. Adequate lighting shall be provided in the parking area. Motion - activated lights shall be installed where deemed appropriate by the Director of Planning. All exterior lighting shall be directed away from adjacent properties. 39. 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. 40. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. All trash and debris shall be contained within a trash enclosure. 41. No signs or advertising shall be placed on the subject property without first obtaining approval from the City. 42. Occupancy shall not exceed those limits established by the Building Department and /or Fire Department. 43. Applicant shall install and complete all necessary public improvements, including but not limited to street, curbs, gutters, sidewalks, handicap ramps, and storm drains, along the entire street frontage of the development site as required by the Director. 44. Periodic inspections of subject site shall be conducted by City staff to check that the conditions of this permit are complied by the applicant. 45. Prior to operation, the applicant must obtain a Certificate of Occupancy from the Planning Department. Rosemead Planning Commission Design Review 02 -100, Zone Variance 02 -319 Aagust 19, 2002 Page 8 of 8 46. Prior to operation, the applicant shall obtain a City of Rosemead Business License. 47. NO OCCUPANCY will be granted until ALL IMPROVEMENTS required by this approval have been completed, inspected, and approved by the appropriate department(s). 48. Prior to final occupancy, a lot tic covenant shall be recorded tying Parcel No. 77 and No. 64 together as a single lot. The covenant shall be reviewed by the City prior to recordation and a recorded copy shall be filed with the Planning Department. 49. Violation of the conditions of approval may result in citation and /or initiation of revocation proceedings.