Loading...
PC - 2015-05 - Approving Conditional Use Permit 15-01 and Design Review 15-01. To Establish an Animal Grooming with Animal Day Care Use and To Add New Floor Area to the Existing Building, Respectively.PC RESOLUTION 15 -05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 15 -01 AND DESIGN REVIEW 15 -01, TO ESTABLISH AN ANIMAL GROOMING WITH ANIMAL DAY CARE USE AND TO ADD NEW FLOOR AREA TO THE EXISTING BUILDING, RESPECTIVELY. THE SUBJECT PROPERTY IS LOCATED AT 9254 VALLEY BOULEVARD (APN: 8594 - 004 -026), IN THE R -1 (SINGLE- FAMILY RESIDENTIAL) AND C -3D (MEDIUM COMMERCIAL WITH DESIGN OVERLAY) ZONE. WHEREAS, on January 5, 2015, Jing You has submitted applications for a Conditional Use Permit and Design Review, requesting to establish an animal grooming with animal day care use and to add new floor area to the existing building, respectively. The proposed project will include exterior fagade remodeling and interior tenant improvements; WHEREAS, 9254 Valley Boulevard is located in the R -1 (Single - Family Residential) and C -3D (Medium Commercial with Design Overlay) zone; WHEREAS, Section 17.132.040 of the Rosemead Municipal Code provides the criteria for a Conditional Use Permit; WHEREAS, Section 17.28.020(C) of the Rosemead Municipal Code provides the criteria for a Design Review; WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.132.040 & 17.28.020(C) of the Rosemead Municipal Code authorizes the Planning Commission to approve, conditionally approve, or deny Conditional Use Permit and Design Review applications; WHEREAS, on April 9, 2015, thirty -seven (37) 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 15 -01 and Design Review 15 -01, and on April 9, 2015, the notice was published in the Rosemead Reader; WHEREAS, on April 20, 2015, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 15 -01 and Design Review 15 -01; 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 15 -01 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of California Environmental Quality Act (CEQA) guidelines and Design Review 15 -01 is classified as a Class 3 Categorical Exemption pursuant to Section 15303 of CEQA guidelines. Section 15309 of the 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 15303 of the CEQA guidelines exempts projects consisting of the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 15 -01, 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 Valley Boulevard. The proposed rear setback significantly exceeds the minimum requirement of the C -3 (Medium Commercial) zone, which provides a buffer between the residential use abutting the rear of the subject property and the proposed animal grooming with animal day care use. Also, the Los Angeles County Fire Department has reviewed the project and has deemed it as being "No Requirements ". As such, an animal grooming with animal day care 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 Valley Boulevard. Commercial uses abut the subject property to the east and west. As such, the animal grooming and animal day care use will be consistent with the General Plan. 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 in order to establish an animal grooming with animal day care use in the C -3 (Medium Commercial) zone. Such use 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 related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. Accordingly, Conditional Use Permit 15 -01 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 consists of additions to the existing building and remodeling of the exterior facades. As proposed, the project will be consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district. 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 FINDS AND DETERMINES that facts do exist to justify approving Design Review 15 -01, in accordance with Section 17.28.020(C) 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 neighborhood. FINDING: The subject property is located within an established commercial corridor on Valley Boulevard. The proposed project will meet the minimum requirements of the C -3 (Medium Commercial) zone. The proposed rear setback significantly exceeds the minimum requirement of the C -3 (Medium Commercial) zone, which provides a buffer between the residential use abutting the rear of the subject property and the proposed animal grooming with animal day care use. 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 proposed trash enclosure is incorporated into the design of the building. In doing so, the trash enclosure becomes an integral part of the architectural development of the property. The proposed rear setback significantly exceeds the minimum requirement of the C -3 (Medium Commercial) zone, which provides a buffer between the residential use abutting the rear of the subject property and the proposed animal grooming with animal day care use. Such buffer protects the residential uses from any noises or odors associated with the proposed use. 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 or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value. FINDING: The existing form of the building is proposed to remain. The proposed color of the building will complement the colors of the neighborhood. The canvas awning will add visual interest to the front building fagade. Overall, the proposed exterior changes consist of minor upgrades to the existing building. The additions to the rear of the building will not be visible from the street view. D. The proposed building or structure 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: The subject property is not part of the Civic Center Plan, precise plan, or land reserved for public or educational use. The applicant has proposed an appealing design, which will create an improved site that is aesthetically complementary to the surrounding area and may potentially raise the value of the neighborhood. 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. FINDING: The proposed development meets all of the minimum code requirements of the C -3 (Medium Commercial) zone, and all applicable referenced code sections of the Rosemead Municipal Code. F. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaires 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 when viewed from the public streets. FINDING: Access to the site will continue to be from Valley Boulevard. The proposed parking lot is located at the rear of the subject property, away from public street view. The design and construction of this project will preserve the public safety and provide adequate access and circulation for vehicular and pedestrian traffic. The proposed project will significantly improve the visual effect of the site from the view of the public street. SECTION 4. The Planning Commission HEREBY APPROVES Conditional Use Permit 15 -01 and Design Review 15 -01 for the establishment of an animal grooming with animal day care use, addition of new floor area to an existing building, and remodeling of the interior and exterior of the ,building, at 9254 Valley Boulevard, and subject to the conditions listed in Attachment "A" attached hereto and incorporated herein by reference. SECTION 5. 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 6. This resolution is the result of an action taken by the Planning Commission on April 20, 2015, by the following vote: YES: ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSENT: NONE ABSTAIN: NONE SECTION 7. 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 20 day of April, 2015. IV Nancy En , Cha' 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 April, 2015, by the following vote: YES: ENG, HERRERA, NO: NONE ABSENT: NONE ABSTAIN: NONE LOPEZ, AND TANG Lt t & Michelle Ramirez, §2 retary APPROVED AS JO FORM: Gregory M. M p , Planning C sion Attorney Burke, Williams & Sorensen, LLP ATTACHMENT "Ay' CONDITIONAL USE PERMIT 15 -01 AND DESIGN REVIEW 15 -01 9254 VALLEY BOULEVARD (APN: 8594 - 004 -026) CONDITIONS OF APPROVAL April 20, 2015 1. Conditional Use Permit 15 -01 and Design Review 15 -01 are approved for the establishment of an animal grooming with animal day care use, addition of new floor area to an existing building, and remodeling of the interior and exterior of the building, in accordance with the plans marked Exhibit "C ", dated April 7, 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 15 -01 and Design Review 15 -01 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 15 -01 and Design Review 15 -01. 6. Conditional Use Permit 15 -01 and Design Review 15 -01 are 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 15 -01 and Design Review 15 -01 have 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. 8. Conditional Use Permit 15 -01 and Design Review 15 -01 are 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 15 -01 and Design Review 15 -01. 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. 16. All ground level mechanical /utility equipment (including meters, back flow prevention devices, fire valves, A/C 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 7:00 AM to 7:00 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. Temporary structures shall not be erected on the subject properly. 22. 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. 23. The parking lot and driveway shall be periodically re- slurry sealed and re- striped per City of Rosemead parking standards, to the satisfaction of the Planning Division. 24. The animal grooming with animal day care use shall serve dogs only, with a maximum of twenty (20) dogs at any one time. No overnight boarding or outdoor care of animals allowed. (Modified by Planning Commission on April 20, 2015) 25. Signs stating "All animals entering and exiting the building shall be leashed and /or caged" shall be posted in a conspicuous location on the interior and exterior of the building. 26. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings.