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PC - 2002 - 17 - Approving Zone Variance 02-314 for the Development of a Coffee Shop with less than the Required Amount of Parking in the C-3; Medium Commericla ZonePC RESOLUTION 02 -17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING ZONE VARIANCE 02 -314 FOR THE DEVELOPMENT OF A COFFEE SHOP WITH LESS THAN THE REQUIRED AMOUNT OF PARKING IN THE C -3; MEDIUM COMMERCIAL ZONE FOR PROPERTY LOCATED AT 3004 SAN GABRIEL BOULEVARD (APN: 5288- 009 -074). WHEREAS, Victor Van DBA San Gabriel Plaza has filed an application for a zone variance for the development of a coffee shop with less than the required amount of parking in the C -3; Medium Commercial Zone, for property located at 3004 San Gabriel Boulevard, on February 5, 2002; and WHEREAS, 3004 San Gabriel Boulevard is located in the C -3; Medium Commercial District; and WHEREAS, Section 17.108.020 of the Rosemead Municipal Code provides the criteria required for granting such a variance; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.108.020 of the Rosemead Municipal Code authorize the Planning Commission to conditionally approve or deny zone variance applications; and WHEREAS, on March 7, 2002, notices were posted in 10 public locations and 22 notices were sent to property owners within a 300 -foot radius from the subject property specifying the availability of the application packet, plus the date, time and location of the public hearing for Zone Variance 02 -314; and WHEREAS, on March 18, 2002, the Planning Commission held a duly noticed and advertised public hearings to receive oral and written testimony relative to Zone Variance 02 -314; 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 Zone Variance 02- 314 consists of minor alterations to land use limitations, such as variances that do not result in the change of land use or density. Such projects are listed as a Class 5 Categorical Exemptions under Section 15305 of the California Environmental Quality Act and local environmental guidelines. Therefore, this project is exempt from environmental review. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts and prerequisite conditions do exist to justify approving Zone Variance 02 -314 in accordance with Section 17.108.020 of the Rosemead Municipal Code as follows: A. The variance will be subject to conditions that will assure that the adjustment will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity. FINDING: Conditions have been adopted that ensure that this project will not create parking problems. The proposed development at other similar locations operates with a similar number of parking as proposed. Parking studies have shown that with this land use, the average number of customers and occupied parking stalls is far less than a fast food restaurant use. 0 0 B. That the granting of such a variance will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. FINDING: Other fast food\ take -out restaurant uses located near the subject property have been granted variances similar in nature and have not incurred issues due to a lack of parking or parking lot congestion. C. Granting of this variance will not adversely affect the comprehensive general plan; FINDING: The proposed use of the subject site as a coffee shop will be compatible with the goal of the General Plan, zoning, and the development of the area surrounding the subject property. D. 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 classifications. FINDING: This proposal would not deprive other businesses of such privileges since a majority of same uses have been developed with the similar parking requirement for a coffee shop. The hours of operations for this permit use will not be in conflict with the adjacent businesses in the commercial center. Potential parking problems due to the shortage of required parking spaces are not expected to arise because Starbucks typically has non -peak busy hours. SECTION 3 . The Planning Commission HEREBY APPROVES a Zone Variance 02 -314 for the development of a coffee shop with less than the required amount of parking in the C -3; Medium Commercial Zone, located at 3004 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 March 18, 2002, by the following vote: YES: ALARCON, ORTIZ, BREEN, LOI, 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 V day of April 2002. William Alarcon, Chairman 0 0 CERTIFICATION I, William Crowe, Secretary of the Rosemead Planning Commission, 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 I st day of April 2002, by the following vote: YES: NO: ABSENT: ABSTAIN: William Crowe, Secretary • ksemead Planning Commission Zone Variance 02 -314 March 18, 2002 Page 4 of 5 EXHIBIT A ZONE VARIANCE 02 -314 3004 San Gabriel Boulevard (Starbucks) CONDITIONS OF APPROVAL March 18, 2002 1. Zone Variance 02 -314 is approved for a coffee shop with less than the required number of parking spaces 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 Zone Variance 02 -314 shall not take effect for any purpose until the applicant has filed with the City of Rosemead an 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. Zone Variance 02 -314 is 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. S. 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. Hours of operations shall be limited to 5:00 a.m. to 12:00 a.m., daily. 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. • *osemead Planning Commission Zone Variance 02 -314 March 18, 2002 Page 5 of 5 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.