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PC - Item 3B - Condition Use Permit 14-04 at 4237 Rosemead Boulevard iii, ` < ROSEMEAD PLANNING COMMISSION � STAFF REPORT c PRIDE co„0,gE0101a TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: MARCH 16, 2015 SUBJECT: CONDITIONAL USE PERMIT 14-04 4237 ROSEMEAD BOULEVARD Summary Jiajie Li has submitted a Conditional Use Permit application requesting to establish an automobile rental use, without automobile repair. The proposed project will include interior tenant improvements. The project site is located at 4237 Rosemead Boulevard (APN: 5391-011-001), in the C-3 (Medium Commercial) zone. Environmental Determination Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. Accordingly, Conditional Use Permit 14-04 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines. Staff Recommendation It is recommended that the Planning Commission ADOPT Resolution No. 15-02 with findings (Exhibit "A"), and APPROVE Conditional Use Permit 14-04, subject to the twenty-seven (27) conditions outlined in Attachment "A" attached hereto. Property History and Description The property is located on the northwest corner of Lawrence Avenue and Rosemead Boulevard. According to the Los Angeles County Assessor's Office, the property consists of one (1) parcel, totaling approximately 6,729 square feet of lot area. In 1954, a 560 square feet building was built on the subject property. Planning Commission Meeting March 16,2015 Page 2 of 13 A61 It P�!'i l-o= '1. - q I - f' I i 11 i� ® oil, �s,zlillJl Front Elevation Site and Surrounding Land Uses The property is designated in the General Plan as Commecial and on the Zoning Map as C-3 (Medium Commercial) zone. The property is surrounded by the following land uses and zones: North General Plan Designation: Commercial Zoning: C-3 (Medium Commercial) Land Use Commercial South General Plan Designation: Commercial Zoning: C-1 (Neighborhood Commercial) Land Use: Commercial East General Plan Designation: Commercial Zoning: C-3 (Medium Commercial) Land Use Commercial West General Plan Designation: Medium Density Residential Zoning: R-2 (Light Multiple Residential) Land Use: Residential Planning Commission Meeting March 16,2015 Page 3 of 13 Administrative Analysis As illustrated in Exhibit "C", the applicant is proposing to establish an automobile rental use, without automobile repair. According to Rosemead Municipal Code, Section 17.16.020, a Conditional Use Permit is required to establish an automobile rental (no repair) use in the C-3 (Medium Commercial) zone. The applicant has proposed minor tenant improvements to the interior of the building. No changes are proposed for the exterior building facade. The proposed project will not add new square footage to the site. Development Standards Development Feature Requirement Proposed Front Yard Setback None 8 ft. and 6 in Side Yard Interior Side None 5 ft. and 11 in. Setback - Street Side None 9 ft. and 6 in. Rear Yard Setback 15 ft. 100 ft. Floor Area Ratio 35% (maximum) -8.32% Parking 9 10 Floor Plan The floor plan consists of two offices, a restroom, a customer lobby area, and staff register area. Elevations The applicant has not proposed to make changes to the exterior elevations of the existing building. The exterior stucco wall color of the existing building is boston cream, while the shingle roof color is gray. Off-Street Parking Per Rosemead Municipal Code, Section 17.112.040, one (1) parking space is required per 250 square feet of building floor area and one (1) additional parking space is required per rental vehicle. With 560 square feet of building floor area and seven (7) proposed vehicles, a minimum of nine (9) parking spaces are required. As shown on the proposed site plan, the applicant is proposing to maintain ten (10) parking spaces. Planning Commission Meeting March 16,2015 Page 4 of 13 Municipal Code Requirements Per Rosemead Municipal Code, Section 17.132.010, the purpose of a Conditional Use Permit is to provide for uses that have a potential for adverse impacts on surrounding properties, residents, or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts to insure they are not detrimental to surrounding property. Per Rosemead Municipal Code, Section 17.132.040, a Conditional Use Permit may be issued only after a public hearing before the Planning Commission of the City upon application. The Planning Commission shall also find that the establishment, maintenance, or operation of the 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 in the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. All of the following findings shall be made by the Planning Commission in conjunction with the approval of a Conditional Use Permit: A. Approval of the application will not be incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety, and general welfare. The subject property is located in an established commercial corridor of Rosemead Boulevard. An existing automobile rental use has been established on the adjacent property to the north of the subject property. Also, the City of Rosemead Public Safety Department does not have any concerns with the establishment of an automobile rental use, without automobile repair, on the subject property. As such, an automobile rental use will be compatible with the land uses in the vicinity and will not create any foreseeable conditions materially detrimental to the public health, safety, and general welfare. B. The use is consistent with the General Plan. According to the City of Rosemead General Plan, Land Use Goal 2 aims to expand opportunities for concentrated commercial and industrial uses that contribute jobs and tax revenues to the community. The subject property is located in an established commercial corridor of Rosemead Boulevard. An existing automobile rental use has been established on the adjacent property to the north of the subject property. As such, the automobile rental uses will be concentrated in an established commercial corridor. C. The use is consistent with the provisions of this Zoning Code. According to Rosemead Municipal Code, Section 17.16.020, a Conditional Use Permit is required to establish an automobile rental (no repair) use in the C-3 (Medium Commercial) zone. An automobile rental use, without automobile repair, will be consistent with the provisions of the Rosemead Zoning Code, subject to Planning Commission Meeting March 16,2015 Page 5 of 13 the Conditions of Approval imposed by the City of Rosemead Planning Commission. D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. Accordingly, Conditional Use Permit 14-04 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines. E. If development is provided for under the Conditional Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district. The proposed project does not consist of any changes to the exterior façade of the building, nor does it consist of the addition of new floor area. Conditions of Approval will be imposed upon the Conditional Use Permit to ensure orderly development of the project site. Public Notice Process This item has been noticed through the regular agenda notification process, which includes a 300-foot radius public hearing notice to thirty-two (32) property owners, publication in the Rosemead Reader on March 5, 2015, and postings of the notice at the five (5) public locations and on the subject site. Prepared by: Submitted by: a Cory Hanh Michelle Ramirez Assistant Planner Community Development Director EXHIBITS: A. Planning Commission Resolution 15-02 with Attachment"A" (Conditions of Approval) B. Assessor Parcel Map (APN: 5391-011-001) C. Site Plan/Floor Plan/Elevations Planning Commission Meeting March 16,2015 Page 6 of 13 EXHIBIT "A" PC RESOLUTION 15-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 14-04, TO ESTABLISH AN AUTOMOBILE RENTAL USE, WITHOUT AUTOMOBILE REPAIR. THE SUBJECT PROPERTY IS LOCATED AT 4237 ROSEMEAD BOULEVARD (APN: 5391-011-001), IN THE C-3 (MEDIUM COMMERCIAL) ZONE. WHEREAS, on December 10, 2014, Jiajie Li has submitted a Conditional Use Permit application requesting to establish an automobile rental use, without automobile repair. The proposed project will include interior tenant improvements; WHEREAS, 4237 Rosemead Boulevard is located in the C-3 (Medium Commercial) zone; WHEREAS, Section 17.132.040 of the Rosemead Municipal Code provides the criteria for a Conditional Use Permit; WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.132.040 of the Rosemead Municipal Code authorizes the Planning Commission to approve, conditionally approve, or deny Conditional Use Permit applications; WHEREAS, on March 5, 2015, thirty-two (32) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices posted in five (5) public locations and on-site, specifying the availability of the application, and the date, time, and location of the public hearing for Conditional Use Permit 14-04, and on March 5, 2015, the notice was published in the Rosemead Reader; WHEREAS, on March 16, 2015, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 14-04; 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 14-04 is classified as a Class 9 Categorical Exemption, pursuant to Section 15309 of the California Environmental Quality Act guidelines. Section 15309 of the Planning Commission Meeting March 16,2015 Page 7 of 13 California Environmental Quality Act (CEQA) guidelines exempts projects consisting of activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 14-04, in accordance with Section 17.132.040 of the Rosemead Municipal Code as follows: A. Approval of the application will not be incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety, and general welfare. FINDING: The subject property is located in an established commercial corridor of Rosemead Boulevard. An existing automobile rental use has been established on the adjacent property to the north of the subject property. Also, the City of Rosemead Public Safety Department does not have any concerns with the establishment of an automobile rental use, without automobile repair, on the subject property. As such, an automobile rental use will be compatible with the land uses in the vicinity and will not create any foreseeable conditions materially detrimental to the public health, safety, and general welfare. B. The use is consistent with the General Plan. FINDING: According to the City of Rosemead General Plan, Land Use Goal 2 aims to expand opportunities for concentrated commercial and industrial uses that contribute jobs and tax revenues to the community. The subject property is located in an established commercial corridor of Rosemead Boulevard. An existing automobile rental use has been established on the adjacent property to the north of the subject property. As such, the automobile rental uses will be concentrated in an established commercial corridor. C. The use is consistent with the provisions of this Zoning Code. FINDING: According to Rosemead Municipal Code, Section 17.16.020, a Conditional Use Permit is required to establish an automobile rental (no repair) use in the C-3 (Medium Commercial) zone. An automobile rental use, without automobile repair, will be consistent with the provisions of the Rosemead Zoning Code, subject to the Conditions of Approval imposed by the City of Rosemead Planning Commission. D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. FINDING: Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project, including Planning Commission Meeting March 16,2015 Page S of 13 related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. Accordingly, Conditional Use Permit 14-04 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines. E. If development is provided for under the Conditional Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district. FINDING: The proposed project does not consist of any changes to the exterior façade of the building, nor does it consist of the addition of new floor area. Conditions of Approval will be imposed upon the Conditional Use Permit to ensure orderly development of the project site. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 14-04 for the establishment of an automobile rental use, without automobile repair, at 4237 Rosemead Boulevard, and subject to the conditions listed in Attachment "A" attached hereto and incorporated herein by reference. SECTION 4. This action shall become final and effective ten (10) days after this decision by the Planning Commission, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Rosemead Municipal Code Section 17.160.040 —Appeals of Decisions. SECTION 5. This resolution is the result of an action taken by the Planning Commission on March 16, 2015, by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 6. 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 16th day of March, 2015. Nancy Eng, Chair Planning Commission Meeting March 16,2015 Page 9 of 13 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 16th day of March, 2015, by the following vote: YES: NO: ABSENT: ABSTAIN: Michelle Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting March 16,2015 Page 10 of 13 ATTACHMENT "A" CONDITIONAL USE PERMIT 14-04 4237 ROSEMEAD BOULEVARD (APN: 5391-011-001) CONDITIONS OF APPROVAL March 16, 2015 1. Conditional Use Permit 14-04 is approved for the establishment of an automobile rental use, without automobile repair, in accordance with the plans marked Exhibit "C", dated March 5, 2015. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. The following conditions must be complied to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 3. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions for review. 4. Approval of Conditional Use Permit 14-04 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 of approval as set forth in the letter of approval and this list of conditions within ten (10) days from the Planning Commission approval date. 5. The on-site public hearing notice posting shall be removed by the end of the 10- day appeal period of Conditional Use Permit 14-04. 6. Conditional Use Permit 14-04 is approved for a period of one (1) year. The applicant shall commence the proposed project or request an extension within 30 calendar days prior to expiration. The one (1) year initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If Conditional Use Permit 14-04 has been unused, abandoned, or discontinued for a period of one (1) year, it shall become null and void. 7. The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications to the project and to these conditions of approval. i Planning Commission Meeting March 16,2015 Page 11 of 13 8. Conditional Use Permit 14-04 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Conditional Use Permit 14-04. 9. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and/or City Council concerning the project, which action is brought within the time period provided by law. 10. 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. 11. 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. Prior to issuance of building permits, any required school fees shall be paid. The applicant shall provide the City with written verification of compliance from the applicable school districts. 12. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of 3/4 inch, contrasting in color and easily visible at driver's level from the street. Materials, colors, location, and size of such address numbers shall be approved by the Planning Division, prior to installation. 13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or on any federal holiday, without prior approval by the City. 14. The Building Division, Planning Division, and Engineering Division shall have access to the subject property at any time during construction to monitor progress. 15. All requirements of the Building and Safety Division, Planning Division, and Engineering Division shall be complied with prior to the final approval of the proposed construction. Planning Commission Meeting March 16,2015 Page 12 of 13 16. All ground level mechanical/utility equipment (including meters, back flow prevention devices, fire valves, NC 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. 17. 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) 569-2345 for assistance. 18. All existing fences and walls shall match in color. All proposed fences, walls, and landscape screening shall comply with the Rosemead Municipal Code. 19. The hours of operation shall be limited to 10:00 AM to 6:00 PM, daily. The hours of operation shall be posted in the front window or door. 20. The site shall be maintained in a clean, weed and litter free state. 21. All unpermitted additions, patios, and/or canopies shall be removed. 22. Temporary structures shall not be erected on the subject property. 23. All signage unrelated to the subject business shall be removed. Any proposed signage shall be submitted to the Planning Division for review and approval. All proposed signage shall comply with the Rosemead Municipal Code. 24. The parking lot shall be periodically re-slurry sealed and re-striped per City of Rosemead parking standards, to the satisfaction of the Planning Division. 25. All washing and detailing of automobiles parked on site for rental shall comply with State and Federal clean water laws and the City's NPDES requirements. No washing or detailing of automobiles not parked on site for rental shall be allowed on site. 26. No automobile repair operation shall be deemed to be authorized on the subject property by this permit. 27. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Planning Commission Meeting March 16,2015 Page 13 of 13 EXHIBIT "B" Iii y�g °' SUBJECT SITE Y� / 1 6 I IQ2N 1 a CA19 armaasOf 3 a° -� a 8ser - vet zC=w a�°i " 'nc d 8 N d0 O ao 1 - 1 o.x. ` e w xO1 fO ''a CS S__ o�° A —mom'° �bs I oo �� g&a O 0 c 88 e"50 mu xs: a5O`„� cm S.Yml . 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