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PC - 2002 - 38 - Approving Conditional Use Permit 02-877, for the Development of a Mini-mall, Located at 9424-9430 East Valley Boulevard0 0 PC RESOLUTION 02 -38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 02 -877, FORTHE DEVELOPMENT OF A MINI -MALL, LOCATED AT 9424 -9430 EAST VALLEY BOULEVARD IN THE C -3 D; MEDIUM COMMERCIAL WITHIN A DESIGN OVERLAY ZONE. (APN: 8593- 001 -046). WHEREAS, on May 9, 2002, Jeff Chen submitted a conditional use permit and design review application for the development of a mini -mall located at 9424 -9430 East Valley Boulevard in the C -3 D; Medium Commercial within a Design Overlay Zone; and WHEREAS, 9424 -9430 East Valley Boulevard is located in the C -3 D; Medium Commercial within a Design Overlay Zone; and WHEREAS, Section 17.112.030(24) of the Rosemead Municipal Code (RMC) allows "mini - malls" in the C -1, C -3, CBD, M- 1, and P -D zones, upon the granting of Conditional Use Permit (CUP). Section 17.112.010 sets criteria required for granting such a permit. These criteria require that the proposed use is deemed: The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the city. 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 June 24, 2002, thirty -seven (37) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in 10 public locations, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 02 -877 and Design Review 02 -98; and WHEREAS, on July 15, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 02 -877; 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 02 -877 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 02 -877 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The establishment, maintenance, and operation of the proposed use so applied for will not, I. under the circumstances of the; particular case, be detrimental to the health, safety, peace, morals, pers comfort or general Welfare of ons residing or working the neighborhood thereof, . • 0 FINDING: As City policy, a developer must obtain a CUP in order for the development of mini -mall. This site will be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. This project will provide improvements to an existing blighted area. B. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental or injurious to the property and improvements in the neighborhood. FINDING: The proposed use is located within an established commercial area 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. An extensive review of the proposed project has been conducted relative to its effects to surrounding properties and the welfare of persons residing or working the neighborhood. C. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental or injurious to the general welfare of the city. FINDING: The proposed use will not endanger or otherwise constitute a menace to the surrounding properties as conditions of approval have been incorporated upon the issuance of this permit requiring: limitations to the type of land uses to the mini -mall, the installation of new landscaping and irrigation, periodic inspections, and the overall maintenance of the site. SECTION 3 . The.Planning Commission HEREBY APPROVES Conditional Use Permit 02- 877, to allow the development of a mini -mall, on property located at 9424 -9430 East Valley Boulevard, subject to conditions listed in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 4 . This resolution is the result of an action taken by the Planning Commission on July 15, 2002, by the following vote: YES: ALARCON, ORTIZ, BREEN, LOI NO: NONE ABSENT: HERRERA 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 29 day of July 2002. r 1� I 'Due Loi, Chairman I i CERTIFICATION 1 hereby certify that the foregoing is a true copy of resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 29th day of July 2002 by the following vote: YES: NO: ABSENT: ABSTAIN: Bradfor Johnson, Secretary • 00semead Planning Commission Conditional Use Permit 02 -877, Design Review 02 -98 July 1, 2002 Page 6 of 8 EXHIBIT A CONDITIONAL USE PERMIT 02 -877 DESIGN REVIEW 02 -98 9428 East Valley Boulevard CONDITIONS OF APPROVAL July 1, 2002 Conditional Use Permit 02 -877 and Design Review 02 -98 are approved for the development of a mini -mall in accordance with the plan marked Exhibit `B ". Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2. Approval of Conditional Use Permit 02 -877 and Design Review 02 -98 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 set forth in the letter of approval and this list of conditions. 3. Conditional Use Permit 02 -877 and Design Review 02 -98 are approved for a period of one (1) year. Applicant shall make progress towards initiation of proposed use or request 30 days prior to expiration from the Planning Commission. Otherwise Conditional Use Permit 02 -877 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 Health Departments. 5. Prior to the issuance of building permits, all fees payable under State Law shall be paid. 6. All requirements of the Building and Safety Department and Planning Department shall b complied with prior to the final approval of the proposed construction. 7. Prior to issuance of building permits, all school fees shall be paid. The applicant shall provide the City with written verification of compliance from the Unified School District. 8. 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. 9. Planning staff shall have access to the subject property at any time during construction to monitor progress. 10. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 11. Driveways and parking areas shall be surfaced and improved with asphaltic concrete cement as shown on Exhibit B; and thereafter maintained in good serviceable condition. 12. 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 developments. 13. The property shall be graded to drain to the street, but in no cased shall such drainage be allowed to sheet flow across public sidewalk. A grading and /or drainage plan shall be • Osemead Planning Commission Conditional Use Permit 02 -877, Design Review 02 -98 July 1, 2002 Page 7 of 8 prepared, submitted to and approved by the Building Official, and such grading and drainage shall take place in accordance with such approved plan. 14. All utilities shall be placed underground including facilities and wires for the supply and distribution of electrical energy, telephone, cable television etc. The underground conversion of these utilities shall consider all future connections to the satisfaction of the Director of Planning. 15. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Department. 16. 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. The location, color and size of such sign shall be subject to the approval of the Planning Director. 17. Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 18. All conditions of Case No.s: CONDITIONAL USE PERMIT 02 -877 and DESIGN REVIEW 02 -98 must be complied with to the satisfaction of the Director of Planning. 19. Window signage area shall be limited to a maximum'of 15% of the window and door area. Applicant shall remove that signage which exceeds the 15% coverage area. 20. Signs shall comply with the sign program indicated in this report and that of Chapter 17.104 of the Rosemead Municipal Code. Specifically, signs shall not cover more than 15% of window area or 25% of wall areas. All signs must comply with Section 17.104.080 regarding identification of the business in English. 21. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the planning and building departments for review. 22. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 23. 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) 307- 0463 for assistance. 24. 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. 25. Adequate lighting shall be provided in the vehicle parking area. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. 26. The parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Department. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking venues shall be striped. Such striping shall be maintained in a clear, visible, and orderly manner. 27. Pursuant to California Vehicle Code Section § 22261.8, at least two (2) percent of the required parking stalls shall be designated for handicap space. A letter by the property owner shall be given to the city authorizing enforcement. 28. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of /a inches contrasting in color and easily visible at driver's street level. ' 0osemead Planning Commission Conditional Use Permit 02 -877, Design Review 02 -98 July 1, 2002 Page 8 of 8 The location, color, and size of such signs shall be subject to the planning director's approval. 29. The parking space markers — including double striping, wheel stops, and handicapped- - shall be repainted periodically to city standards and to the satisfaction of the planning department. 30. 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. 31. Any changes to the condition of operation listed in this Exhibit "A" must be first approved by the Planning Commission through a modification application. 32. No office or retail space shall be converted into a small -scale eating establishment because such uses will exceed the required number of parking stalls at the subject site. 33. Future tenants must process applications for Occupancy Permits with the Planning Department prior to occupancy of their new business. Business Licenses may apply pending on the type of business. 34. 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. 35. A permanent maintenance program of all landscaping shall be provided insuring regular irrigation, fertilization and weed abatement. 36. The applicant shall submit a sign program for the proposed mini -mall, showing both individual signage and monument signs, to the Planning Director for review and approval. Submittal of this sign program must be prior to final inspection and approval of the site. 37. Prior to issuance of permits, a fencing /wall plan shall be submitted, outlining the construction of a decorative, six -foot high concrete block wall along the perimeter property lines to be reviewed and approved by the Planning Department. 38. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings.