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PC - 2002 - 25 - Approving Conditional Use Permit 02-873 and Zone Variance 02-316, for Subdivision of Existing Commercial Center into a Mini-mall Development and for Development of Baskin Robbins Ice Cream Establishment with Less than Required parking0 PC RESOLUTION 02 -25 0 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 02 -873 AND ZONE VARIANCE 02 -316, FOR THE SUBDIVISION OF AN EXISTING COMMERCIAL CENTER INTO A MINI -MALL DEVELOPMENT AND FOR THE DEVELOPMENT OF A BASKIN ROBBINS ICE CREAM ESTABLISHMENT WITH LESS THAN THE REQUIRED NUMBER OF PARKING, LOCATED AT 3000 -3014 SAN GABRIEL BOULEVARD. (APN: 5288- 009 -074). WHEREAS, on April 16, 2002, Victor Van, property owner of "San Gabriel Plaza ", filed applications for a conditional use permit to subdivide an existing commercial center into a mini -mall development; and for a zone variance for the development of a Baskin Robbins Ice Cream establishment with less than the required number of parking, located at 3000 -3014 San Gabriel Boulevard; and WHEREAS, 3000 -3014 San Gabriel Boulevard is located in the C -3; Medium Commercial zone, and WHEREAS, Section 17.112.030(24) of the Rosemead Municipal Code (RMC) permits the development of a mini -mall in the C -1; C -3; CBD, and M -1 zones upon the granting of a conditional use permit (CUP). Section 17.112.010 sets the criteria required for granting such a permit. These criteria require that the proposed use is deemed: • Essential or desirable to the public conveniences or welfare; • In harmony with the elements or objectives of the General Plan, and; • Not to be detrimental or injurious to surrounding property; and WHEREAS, Section 17.84.070(B) of the Rosemead Municipal Code (RMC) Section 17.84.070(B) of the Rosemead Municipal Code (RMC) requires one (1) parking space for every fifty (50) square feet of floor area to be provided on site for a take -out use that serves food and drink to the public. An applicant must obtain a variance in order to create a development that does not meet the minimum standards. Section 17.108.020 sets criteria required for granting such a variance. If one of these criteria cannot be met, then the variance may not be granted. These criteria require that granting such a variance will not: • Constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity; • Be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity; • Adversely affect the comprehensive General Plan; and • 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. 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 criteriaby which a conditional use permit may be granted; and WHEREAS, on April 25, 2002, 46 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 Conditional 0 Use Permit 02 -873; and 0 WHEREAS, on May 6, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 02 -873; 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 -873 is Categorically Exempt from environmental review as a Class 9 Exemption pursuant to Section 15309 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 -873 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The project is essential and desirable to the public convenience or welfare. FINDING: The property owner plans to intensify the existing commercial center by subdividing tenant spaces into additional suites. The center was first built before the CUP requirement was enacted. 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 project is in conformity with the elements and objectives of the General Plan and Zoning Codes. FINDING: The proposed use is located within an established commercial district of the City, and is designated Mixed Use: Industrial /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 project will not be detrimental to the surrounding properties. 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: immediate improvements to the tenant space, limitations to operational hours and occupancy, and the overall maintenance of the site. D. 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 properties are limited in size and because most commercial development was completed prior to the establishment of this parking requirement for fast -food land uses. E. 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 a nationally known eating establishment that has a long and reputable history for well- maintained businesses. 0 0 F. Adversely affect the comprehensive General Plan; and FINDING: The proposed use is located within an established commercial district of the City, and is designated Mixed Use: Industrial /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. G. 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 fast food land uses that 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 operate with a mix of varying land uses, including retail, office, and eating establishments. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 02 -873, to allow the subdivision of an existing commercial center into a mini -mall and for the development of a Baskin Robbins Ice Cream establishment with less than the required number of parking, on property located at 3000 -3014 San Gabriel 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 May 6, 2002, by the following vote: YES: LOI, BREEN, ALARCON, ORTIZ, HERRERA 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 2W' day of May, 2002. 61 1 -4440i / ;v William Alarcon, Chairman 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 May 2002 by the following vote: YES: NO: ABSENT: ABSTAIN: William Crowe, Secretary EXHIBIT "A" CONDITIONAL USE PERMIT 02 -873 ZONE VARIANCE 02 -316 3000 -3014 North San Gabriel Boulevard CONDITIONS OF APPROVAL May 6, 2002 Conditional Use Permit 02 -873 Zone Variance 02 -316 May 6, 2002 Conditional Use Permit 02 -873 and Zone Variance 02 -316 are approved for the subdivision of an existing commercial center into a mini -mall development and for the development of Baskin Robbins Ice Cream establishment with less than the required number of parking, in accordance with the plan marked Exhibit "A". Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. Approval of Conditional Use Permit 02 -873 and Zone Variance 02 -316 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that lie /she is aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions. Conditional Use Permit 02 -873 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 Commission. 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. 6. Planning staff shall have access to the subject property at any time during construction to monitor progress. 7. 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. 8. Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 9. A permanent maintenance program of all landscaping shall be provided insuring regular irrigation, fertilization and weed abatement. 10. The hours of operation shall be posted in the front window or door. 11. 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. 12. 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. 13. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the planning and building departments for review. 14. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. Conditional Use Permit 02 -873 Zone Variance 02 -316 May 6. 2001 IN 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. All landscaping and irrigation shall be installed and completed prior to final Planning Department approval. 24. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings.