PC - 2002 - 37 - Approving the Modification of Conditional Use Permit 90-508, Zone Variance 02-318, and Design Review 02-99 for the Construction of an Addition to an Existing Mini-Mall with less than required Parking SpacesA RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD APPROVING THE MODIFICATION OF CONDITIONAL USE "
PERMIT 90 -508, ZONE VARIANCE 02 -318, AND DESIGN REVIEW 02 -99 ,
FOR THE CONSTRUCTION OF A 3,247± SQUARE FOOT ADDITION TO
AN EXISTING MINI -MALL WITH LESS THAN THE REQUIRED NUMBER
OF PARKING SPACES, LOCATED.AT 9353 EAST VALLEY BOULEVARD
(APN: 8592- 010 -025).
d
WHEREAS, on May 16, 2002, Randy Planegger, property owner of Rio Honda Plaza, filed
applications for a modification of a conditional use permit, a zone variance, and a design review for
of a 3 247± square foot addition to an existing mini -mall with less than the required
the construction
9 g q
number of parking spaces, located at 9353 East Valley Boulevard; and
WHEREAS, 9353 East Valley Boulevard is located in the C -3 D; Medium Commercial with
a Design Overlay zone, and
WHEREAS, Section 17.112.030(24) of the Rosemead Municipal Code (RMC) permits the
development of mini -malls upon the granting of a conditional use permit (CUP). RMC Section
17.72.030 states 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(A) i
requires that land uses that include a restaurant must have one parking stall for every hundred square
feet of floor area, and RMC Section 17.84. 100 requires one parking space for every 250 square feet
of floor area for office and retail land uses, and RMC Section 17108.020 sets the criteria required for
granting a zone variance from this requirement.
Section 17.112.010 sets the criteria required for granting such a conditional use 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.
Section 17.72.030 sets the criteria required for granting such a design review permit. These
criteria require that the proposed use provide: -
• 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;
r
• 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
WHEREAS, Sections 17.112.010, 17.72.030, and 17.108,020 of thekosemead Municipal
Code specifies the criteria by which the aforementioned permits may be granted; and
WHEREAS, on June 20, 2002, 53 notices were sent to property owners within a 300 -foot
radius from the subject property, in addition to notices posted in 12 public locations, specifying the
availability of the application, plus the date, time and location of the public hearing for the
Modification of Conditional Use Permit 90 -508, Zone Variance 02 -318, and Design Review 02 -99 .
-
and
WHEREAS, on July 15, 2002, the Planning Commissiordheld a duly noticed and advertised
public hearing to receive oral and written testimony relative to Conditional Use Permit 90 -508, Zone
Variance 02 -318, and Design Review 02 -99; 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 I4EREBY DETERMINES that Conditional Use
Permit 90 -508 and Design Review 02 -99 are Categorically Exempt from environmental review as
Class 32 Exemptions and Zone Variance is Categorically Exempt from environmental review as a
Class 5 Exemption pursuant to Sections 15332 and 15305 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 90 -508, Zone Variance 02 -318, and Design
Review 02 -99, according to the Criteria of Chapters 17.112.010, 17.72.030, and 17.108.020 of the .
Rosemead Municipal Code as follows: ,
CONDITIONAL USE PERMIT
A. 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:
FINDING: The property owner plans to intensify the existing commercial center by
constructing an additional 3,247± square feet of area for office space. This site will be operated in .
accordance with applicable City regulations, and is in conformity with the development in and
around the project site.
a
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 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.
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: This proposed project solely consists of office additions to an existing mini -mall
that includes office and restaurant space. This mini -mall has been established in the city for over a
decade and has been operating favorably in its neighborhood.
DESIGN REVIEW
D. Proper consideration to the general neighborhood.
FINDING: The subject site is within an area that is zoned for commercial and is adjacent to
a highly visible street. The proposed development has been reviewed in consideration of the existing
business and residents in the surrounding neighborhood.
E. That the project site and surrounding properties are protected from adverse effects to the
environment, and in proper screening to the surrounding area;
FINDING: This proposed development would not create any adverse effects to the "
environment. There exists mature landscaping.to the site and a 20 -foot wide alley adjacent to the
residential properties that provide appropriate screening from the mini -mall. "
F. The design is in harmony is in the immediate'and general area;'
FINDING: The proposed design of the fagade improvements and additions will match the
existing residential architecture of the mini -mall and will incorporate the same stucco, paint colors,
and roofing as the existing exterior.
G. In conformity with the standards of this code and other applicable ordinance relative to
the location and appearance of the proposed development;
FINDING: The architectural improvements to the mini -mall have been designed to comply
with the standards of the municipal code, including a public review of the proposed development due .
to its location within a Design Overlay. y c
H. Proper consideration to functional aspects of site development and visual effects from
public streets.
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
pennit requiring: immediate improvements to the subject site and the overall maintenance of the site.
ZONE VARIANCE
1. 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 the property owner has '
initialed a parking study that proves that the existing parking spaces are underutilized and that with
this small scale addition, there would be no need for an increase for additional parking.
J.. 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 will not be materially detrimental to the public
health or welfare or be injurious to the property or improvements in the vicinity because it is an '
established mini -mall that has a long and reputable history for well - maintained businesses.
K. Adversely affect the comprehensive General Plan; and
FINDING: The proposed use is located within an established commercial district of the City,
and is designated Commercial in the General Plan. This establishment 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.
L. That because of special circumstances, the strict enforcement of the code would deprive iw
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 land
use that would occupy this subject site as compared to other commercial centers in the vicinity.
Therefore, approval of this permit request would allow for this mini -mall to construct the proposed
architectural improvements with less than the required number of parking spaces.
SECTION 3 . The Planning Commission HEREBY APPROVES the Modification of
Conditional, Use Permit. 90 -508, Zone Variance 02 -318, and Design Review 02 -99 for the
construction of a 3,247± square foot addition to an existing mini -mall with less than the required
number of parking spaces, on property located at 9353 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: LOI, BREEN, ALARCON, ORTIZ
NO: NONE
ABSENT: . - A19I,LieiC�/e�
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 15' day of July, 2002.
Duc Loi, Chairman
. II
•
RoseripPlanning Commission',
Conditional Use Permit 90 -508• Design Review 02 -99, 7one Variance 02 -318
July 1, 2001
EXHIBIT "A' f
CONDITIONAL USE PERMIT 90 -508
DESIGN REVIEW 02 -99 -
ZONE VARIANCE 02 -318
9353 North Rio Honda Plaza .
CONDITIONS OF APPROVAL,
July 1, 2002
1. Conditional Use Permit 90 -508, Design Review 02 -99, and Zone Variance 02 -318 are
approved for the construction of a 3,2471 square foot addition to an existing mini -mall with 4•
less than the required number of parking, 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 90 -508, Design Review 02 -99, and Zone Variance 02-
318 shall not take effect for any purpose until the, applicant has filed with the City of.
Rosemead a notarized affidavit slating 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 90 -508, Design.Review 02 -99, and Zone Variance 02 -314 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 Corrunission.
Otherwise Zone Variance 02 -314 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, ' C
G.. Plamting staff shall have access to the subject property at any time during construction to
monitor progress.
7. All requirements of the Building and Safety Department and,Planning Department shall be
complied with prior to the final approval of the proposed construction
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:. Occupancy will not be granted until all improvements required by this approval have been
completed, inspected, and approved by the appropriate department(s).
10. All ground level mechanical /utility equipment (including meters, back flow preservation
devices, fire valves, A/C Condensers, fumaccs 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
Plamting before installation. Location of air conditioning / heating unit shall be noted on
submittal of developments, .
11. All rooflop appurtenances, and equipment shall adequately be screened from view to the
satisfaction of the Plamting Department.
12. All conditions of CaseNo.s: MODIFICATION ,OF CONDITIONAL USE PERMIT 90 -508,
DESIGN REVIEW 02 -99, AND ZONE VARIANCE 02 -318 must be complied with to the
satisfaction of the Director of Plarming..
• Ro, em@Ld Planning Cwtunirsion -
Conditional Use Permit 90 -508, Design Review 02 -99, Zone Variance 02-318
July 1, 2002
13. Any changes to the condition of operation listed in this Exhibit "A" must be first approved
by the Planning Commission through a modification process.
14. The numbers of the address signs shall be at least 6" tall with a minimum cracter width of
1/4 ", contrasting in color and easily visible at driver's level from the stree t. ha t. The location,
color and size of such sign shall be subject to the approval of the Planning Director.
15. Applicant shall obtain a public works permit for all work in or adjacent to the public
right -of -way.
16. Window signagc 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. ,
17. Signs shall comply with 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.
18. The conditions listed on this exhibit shall be copied directly onto any development plans
subsequently submitted to the planning and building departments for review.
19. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and
maintained in a clean, safe, and sanitary condition.
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) 307 -0463, Coc.
assistance.
21. 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.
22. 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,
23: The parking area, icluding 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 verities shall be striped. Such
striping shall be maintained in a clear, visible, and orderly manner.
24. 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 properly owner
shall be given to the city authorizing enforcement.
25. 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.
26. 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.
27. Any changes to the condition of operation listed in this Exhibit "A" must be first approved
by the Planning Commission through a modification application. The Planning Commission
through a design review must first approve exterior changes to this site
28. Rc- stripe traffic directional markings and a femv parking spaces tin' need of repair) at
ahe street front parking area.
` 29. Business owners for Pizza Ilut and Wells Fargo Bank Financial Center must apply for