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PC - 2002 - 09 - Approving Design Review 01-89 and Zone Variance 01-303 fir the Development of a McDonalds Restaurant with a Drive-Through and Indoor Playplace with less than the Required Parking in the C-3 D• 1 1 • PC RESOLUTION 02 -09 A RESOLUTION OF TILE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 01 -89 AND ZONE VARIANCE 01 -303 FOR THE DEVELOPMENT OF A MCDONALDS RESTAURANT WITH A DRIVE- THROUGH AND INDOOR PLAYPLACE WITH LESS THAN THE REQUIRED AMOUNT • OF PARKING IN THE C -3 D; MEDIUM COMMERCIAL IN A DESIGN OVERLAY FOR PROPERTY LOCATED AT 8548 EAST VALLEY BOULEVARD (APN: 5371 -0,11 -015). WHEREAS, McDonald's Corporation DBA McDonald's Restaurant has filed applications fora design review and a zone variance for the development of a McDonald's restaurant with a drive- through and indoor play place with less than the required amount of parking in the C -3 D; Medium Commercial with a Design Overlay Zone, for property located at 8548 East Valley Boulevard, on January 18, 2001; and WHEREAS, 8548 East Valley Boulevard is located in the C -3 D; Medium Commercial in a Design Overlay Zoning District; and WI -1 EREAS, Section 17.72.030 of the Rosemead Municipal Code provides the purpose and standards for a design review and Section 17.84.070(B) 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 17.112.010 of the Rosemead Municipal Code authorize the Plarming Commission to approve, conditionally approve or deny conditional use permit applications; and WHEREAS, on January 9, 2002, 24 notices were posted in 10 public locations and were sent to properly 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 Design Review 01- 89 and Zone Variance 01 -303; and WHEREAS, on January 21, 2002, the Planning Commission held a duly noticed and advertised public hearings to receive oral and written testimony relative to Design Review 01 -89 and Zone Variance 01 -303; 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 Design Review 0 1 -89 and Zone Variance 01 -303 consist of certain in -fill development projects in urban areas. Such projects are listed as a Class 32 Categorical Exemptions under Section 15332 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 do exist to justify approving Design Review 01 -89 in accordance with Section 17.72.030 of the Rosemead Municipal Code as follows: A. The plans indicate proper consideration for the relationship between the proposed building and site developments that exist or have been approved for the general neigbhorhoodA FINDING: The proposed development has been designed to improve a currently dilapidated site and will complement the architecture of other structures in the surrounding area through its redesign and color scheme. • 0 B. The plan for the proposed building and site development 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 environment, and the manner of screening mechanical equipment, trash, storage and loading areas. FINDING: The hours of construction for this proposed development have been limited as to comply with the noise standards indicated in the municipal code. The proposed building and improvements will create impacts that may adversely affect the environment. C. The proposed building or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing buildings and site developments as to cause the nature of the local environment to materially depreciate in appearance and value; FINDING: Currently, the subject parcel contains a dilapidated building that has been vacated for some time. The applicant will construct a new building with improvements in landscaping and parking that will increase the appearance and value of the property. D. The proposed building is in harmony with the proposed developments on land in the general area, especially in those instances where buildings 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- City staff has worked extensively with the applicants in the design of the proposed improvements for this site so as not to be at variance with the appearance of other existing buildings and developments as to cause the nature of the local environment to materially depreciate in appearance and value. 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 are involved; and FINDING: The proposed plans have been extensively reviewed by the Planning Department and are found to be in conformity with the zoning standards of this code and applicable ordinances for such a project. The provided parking has been developed to meet with the parking requirements of a restaurant use, which will be similar to the number of parking in its current location at 8310 East Valley Boulevard. 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: The proposed exterior for this project will enhance a currently dilapidated site and its location and high visibility has been taken into consideration in its design. Since the proposed work consists only of sign and fagade improvements, traffic and pedestrian circulation will not be affected. Pedestrian circulation maybe temporarily obstructed only during the construction period of this project. All required public works pen must be obtained for safe side closure. SECTION 3 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Zone Variance 01 -303 in accordance with Section 17.108.020 of the Rosemead Municipal Code as follows: A. Constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity. . FINDING: The proposed development has been designcd'to meet the parking requirements for a restaurant use and at its current location, operates with a similar number of parking as proposed. 0 B. Be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. FINDING: The hours of construction for this proposed development have been limited as to comply with the noise standards indicated in the municipal code. The proposed building and improvements will not create impacts that may adversely affect the environment. C. Adversely affect the comprehensive general plan; FINDING: Currently, the subject parcel contains a dilapidated building that has been vacated for some time. The applicant will construct a new building with improvements in landscaping and parking that will increase the appearance and value of the 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 similarbusiness of such privileges since a majority of restaurants have been developed with the similar parking requirement for a restaurant. SECTION 3 . The Planning Commission HEREBY APPROVES Design Review 0 1 -89 an d Zone Variance 01 -303 for the development of a McDonald's restaurant with a drive- through and indoor play place with less than the required amount of parking in the C -3 D; Medium Commercial with a Design Overlay Zone, located at 8548 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 January 21, 2002, by the following vote: YES: ALARCON, ORTIZ, BREEN, LOT, RUIZ 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 4 ° i day of February, 2002. William Alarcon, Chairman CERTIFICATION 1, William Crowe, Secretary of the Rosemead Planning Commission, hereby certify that (lie 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 4th day of February, 2002, by the following vote: YES: NO: ABSENT: ABSTAIN: William Crowe, Secretary 0 EXHIBIT A DESIGN REVIEW 01 -89 ZONE VARIANCE 0 1 -303 8543 East Val Icy Boulevard CONDITIONS OF APPROVAL, January 21, 2002 0 M Z L Design Review 01 -89 and Zone Variance 01 -303 arc approved for the development of a restaurant with a drive- till and indoor playplace with less [hall the required number of parking, in accordance with the plan marked Exhibit "13" 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 01 -89 and Zonc Variance 01 -303 shall not take effect lot any propose until the applicant has filed with the City of Rosemead an affidavit slating that they arc aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions. 3. Design Review 01 -89 and Zone Variance 01 -303 is approved for a one (I)'ycar 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 01 -89 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 Wealth Departments. 5. All plans for tenant signage must be submitted for review and approval by the Planning Department. G. Building permits will not be issircd in connection with any.project until such lime as all plan check fees, and all other applicable fees are paid in full 7. The numbers of the address sighs 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 shcet. Materials, colors, location and size of such address numbers shall be approved by the Director of Planning prior to installation. 8. All requirements of the Building and Safely Department - and Planning Department shall he complied with prior to the final approval of the proposed construction. 9. Building permits 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. Prior to issuance of building permits, all school fees shall be paid. The applicant shall: provide the City with written verification of compliance front file Unified School District 11. Tile hours of construction shall be limited from 7 a.m. to 8 p.m. Monday - Saturday. No construction shall lake place on Sundays or on any legal holidays without picar approval by the City. 12. Planting staff shall have :access to the subject property at any time during construction to monitor progress. 13. The conditions listed on this Exhibit "A" shall be copied directly onto development plans submitted to the Planting and 131.1ilding Departments for review: 14. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). Rosemead Ple ring Commis,vion Design Review 01 -89, 7one Fmiance o1-307 Jarnerr 21, 2002 Page 1 al '2 15. Driveways and pailcing areas shall be surlaced and improved with asphaltic collude cement as shown on 13xhibit "13 "; and thcreafler maintained in goo(I serviceable contlilion. 16. Prior to issuance of Building permits, a landscape and irrigation plan shall be submitted to the Planning Department for mvicw, reflecting preliminary approval of landscape /site plan, commonly referred to as Gxliibit 13. Irrigation plan shall include automatic timers and moisture sensors: All landscaping and irrigation shall be installed and completed prior to final Planning Department approval. 17. All ground level mechanical /utility equipment (including mcicrs, back flow preservation devices, fire valves, A/C condensers, furnaces and other equipment) shall be located away From public vices. 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 /healing unit shall be noted on submittal ol'development plans. 18. . All roof top appurtenances and equipment shall adequately be screened From view to the satisfaction of the Planning Department. 19. The properly shall be graded to drain to the street, but in no case shall such drainage be allowed to sliect 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. 20. The numbers of the address signs shall be at least 6" fall with a minimm�m character width of 1/4 ", contrasting in color and easily visible at driver's level from the slrcel. Maleiials, colons, location and size of such address numbers shall be approved by the Director of Planning prior to installation. 21. Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 22. All 'ground level mechanical /utility equipment (including meters, back flow preservation devices, fire valves anti other equipment) shall be screened by screening walls and /or landscaping to the satisfaction of the Planning Department. 23. All utilities shall be placed underground including facilities and wires for the supply' and tlistribulion of electrical energy, telephone, cable television etc. The underground conversion of these utilities shall consider all future.conncctions to the satisfaction of the Director of Planning. 24. A permanent maintenance program of all landscaping shall be provided insuring regular itiigal ion, fertilization and weed abatement. 25. All requirements of the Building and Safcly Department and Planning Department shall be complied with prior to the final approval of the proposed construction. 26. A "No I,eft Turn" traffic directional sign shall be installed off the V. Boulevard driveway approach. 27. Thal, prior to occupancy of the McDoualds Restaurant, all residential and vacant commercial structures within all thrce-of the parcels (015, 016 & 017) shall be demolished and rennainink vacant land shall be fenced irrigated, hydro - seeded all(] maintained as a fully laodscaped parcel until such time (hat future coils(ructiun conuneliccs. 28: Violation of the conditions of approval play rcstliCin citation anti /or initiation of revocation proceedings.