PC - Item 3A - Conditional Use Permit 15-05 at 2739 Stingle AvenueROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM: PLANNING DIVISION
DATE: JANUARY 4, 2016
SUBJECT: CONDITIONAL USE PERMIT 15 -05
2739 STINGLE AVENUE
Summary
Christina Lin submitted a Conditional Use Permit application to establish a religious
assembly use at 2739 Stingle Avenue. The existing building consists of 3,396 square
feet of floor area. The proposed project would not add any new floor area to the
property. The subject property is located in the C -3D RC -MUDO (Medium Commercial
with Residential /Commercial Mixed -Use Development and Design Overlays) zone.
Environmental Determination
Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempts
projects consisting of the operation, repair, maintenance, permitting, leasing, licensing,
or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use
beyond that existing at the time of the lead agency's determination. Accordingly,
Conditional Use Permit 15 -05 is classified as a Class 1 Categorical Exemption pursuant
to Section 15301 of CEQA guidelines.
Staff Recommendation
It is recommended that the Planning Commission ADOPT Resolution No. 15 -21 with
findings (Exhibit "A "), and APPROVE Conditional Use Permit 15 -05, subject to the
twenty -nine (29) conditions outlined in Attachment "A" attached hereto.
Property History and Description
On March 17, 2003, the Planning Commission approved Conditional Use Permit 03 -915
for the construction and operation of a pre - school facility. The property is located on the
west side of Stingle Avenue, south of Garvey Avenue. According to the Los Angeles
County Assessor's Office, the property consists of one (1) parcel, totaling approximately
13,742 square feet of lot area. The effective year built of the existing 3,396 square feet
building is 2004.
Planning Commission Meeting
January 4, 2016
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Site and Surrounding Land Uses
The property is designated in the General Plan as Mixed Use: Residential /Commercial
(60 du /ac; 4 stories) and on the Zoning Map as C -31D RC -MUDO (Medium Commercial
with Residential /Commercial Mixed -Use Development and Design Overlays) zone. The
property is surrounded by the following land uses and zones:
North
General Plan Designation:
Zoning:
Land Use:
South
General Plan Designation:
Zoning:
Land Use:
East
General Plan Designation:
Zoning:
Land Use:
West
General Plan Designation:
Zoning:
Land Use:
Mixed Use: Residential /Commercial (60 du /ac; 4 stories)
C -3D RC -MUDO (Medium Commercial with
Residential /Commercial Mixed -Use Development and Design
Overlays)
Residential
Mixed Use: Residential /Commercial (60 du /ac; 4 stories)
C -3D RC -MUDO (Medium Commercial with
Residential /Commercial Mixed -Use Development and Design
Overlays)
Residential
Mixed Use: Residential /Commercial (60 du /ac; 4 stories)
C -3D RC -MUDO (Medium Commercial with
Residential /Commercial Mixed -Use Development and Design
Overlays)
Residential
Low Density Residential
R -1
Residential
Planning Commission Meeting
January 4, 2016
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Administrative Analysis
As illustrated in Exhibit `B ", the applicant is proposing to establish a religious assembly
use, remodel the interior of the building, and repaint the exterior of the building.
According to Rosemead Municipal Code, Section 17.16.020, a Conditional Use Permit
is required in order to establish a religious assembly use in the C -3D RC -MUDO
(Medium Commercial with Residential /Commercial Mixed -Use Development and Design
Overlays) zone.
Site Plan
The existing building is located in the rear portion of the lot. The applicant has not
proposed any new additions to the existing building or changes to the existing parking
lot area. Proposed site improvements include painting the fences, walls, and trash
enclosure to be consistent with the proposed building colors and rehabilitating
landscaped areas. Staff recommends adding a condition of approval to require a solid
roof for the existing trash enclosure.
Floor Plan
The proposed floor plan consists of a reception area, office, private library, kitchen,
residence for clergy, and two (2) assembly areas. The purpose of the two (2) assembly
areas would be for meditation and study of Buddhism.
Elevations
The applicant is proposing to paint the building with Sheer Apricot (BEHR) for the
exterior walls and Red Chipotle (BEHR) for the eaves, front entrance, and bottom
portion of the exterior walls. The proposed project would not change the building form.
Off - Street Parking
Per Rosemead Municipal Code, Section 17.112.040, one (1) off - street parking space is
required per 75 square feet of floor area for assembly use not containing fixed seats.
With 884 square feet of floor area proposed for assembly use not containing fixed seats,
a minimum of 12 off - street parking spaces are required. As shown on the proposed site
plan, the applicant is proposing to maintain 12 off - street parking spaces.
Municipal Code Requirements
Per Rosemead Municipal Code, 'Section 17.16.020, a Conditional Use Permit is
required in order to establish a religious assembly use in the C -3D RC -MUDO (Medium
Commercial with Residential /Commercial Mixed -Use Development and Design
Overlays) zone.
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
Planning Commission Meeting
January 4, 2016
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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 proposed use will not be incompatible or injurious to the residential uses on
the adjacent properties as places of religious assembly is a use that may be
conditionally permitted within the residential zones. Conditions of approval for
maintainance of the site will protect the public health, safety, and general welfare.
The existing rear setback exceeds the minimum requirement of the C -3 (Medium
Commercial) zone, which provides increased buffer between the residential use
abutting the rear of the subject property and the proposed religious assembly
use. The City's Chief of Police has reviewed the proposed project and has no
concerns.
B. The use is consistent with the General Plan.
Although the land use designation of the subject property is not residential, the
subject property is surrounded by residential land uses. According to the
General Plan, in residential areas, in addition to the primary residential use,
accessory structures, group homes, religious and charitable organizations are.
permitted consistent with State law and zoning ordinance requirements.
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 in order to establish a religious assembly use in the C -31D RC-
MUDO (Medium Commercial with Residential /Commercial Mixed -Use
Development and Design Overlays) zone. The proposed use will be consistent
with the provisions of the Rosemead Zoning Code, subject to the Conditions of
Approval.
D. Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act.
Section 15301 of the California Environmental Quality Act (CEQA) guidelines
exempts projects consisting of the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or
no expansion of use beyond that existing at the time of the lead agency's
determination. Accordingly, Conditional Use Permit 15 -05 is classified as a Class
1 Categorical Exemption pursuant to Section 15301 of CEQA guidelines.
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January 4, 2016
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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 will not modify the existing building form nor add any new
floor area to the existing building. 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 maintenance 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 -seven (37) property owners,
publication in the Rosemead Reader on December 24, 2015, and postings of the notice
at the six (6) public locations and on the project site.
Prepared by: Submitted by:
Q
Cory th Michelle Ramirez
Associate Planner Community Development Director
EXHIBITS:
A. Planning Commission Resolution 15 -21 with Attachment "A" (Conditions of Approval)
B. Site Plan /Floor Plan /Landscape Plan
C. Assessor Parcel Map (APN: 5282 - 009 -007)
Planning Commission Meeting
January 4, 2016
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EXHIBIT "A"
PC RESOLUTION 15 -21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 15 -05, TO ESTABLISH A
RELIGIOUS ASSEMBLY USE AT 2739 STINGLE AVENUE (APN: 5282-
009 -007). THE SUBJECT PROPERTY IS LOCATED IN THE C -313 RC-
MUDO (MEDIUM COMMERCIAL WITH RESIDENTIAL/COMMERCIAL
MIXED -USE DEVELOPMENT AND DESIGN OVERLAYS) ZONE.
WHEREAS, on August 27, 2015, Christina Lin submitted a Conditional Use
Permit application to establish a religious assembly use at 2739 Stingle Avenue (APN:
5282 - 009 -007);
WHEREAS, 2739 Stingle Avenue is located in the C -31D RC -MUDO (Medium
Commercial with Residential /Commercial Mixed -Use Development and Design
Overlays) zone;
WHEREAS, Section 17.16.020 of the Rosemead Municipal Code provides that a
Conditional Use Permit is required to establish a religious assembly use;
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 December 21, 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 six (6) 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 -05, and on December 24, 2015, the notice was published in the Rosemead
Reader;
WHEREAS, on January 4, 2016, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to
Conditional Use Permit 15 -05; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
Planning Commission Meeting
January 4, 2016
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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 -05 is classified as a Class 1 Categorical Exemption pursuant to Section
15301 of California Environmental Quality Act (CEQA) guidelines. Section 15301 of the
CEQA guidelines exempts projects consisting of the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use beyond that existing at the time of the lead agency's determination.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 15 -05, 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 proposed use will not be incompatible or injurious to the
residential uses on the adjacent properties as places of religious assembly is a use that
maybe conditionally permitted within the residential zones. Conditions of approval for
maintainance of the site will protect the public health, safety, and general welfare. The
existing rear setback exceeds the minimum requirement of the C -3 (Medium
Commercial) zone, which provides increased buffer between the residential use
abutting the rear of the subject property and the proposed religious assembly use. The
City's Chief of Police has reviewed the proposed project and has no concerns.
B. The use is consistent with the General Plan.
FINDING: Although the land use designation of the subject property is not
residential, the subject property is surrounded by residential land uses. According to
the General Plan, in residential areas, in addition to the primary residential use,
accessory structures, group homes, religious and charitable organizations are permitted
consistent with State law and zoning ordinance requirements.
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 a religious assembly use in the
C -31D RC -MUDO (Medium Commercial with Residential /Commercial Mixed -Use
Development and Design Overlays) zone. The proposed use will be consistent with the
provisions of the Rosemead Zoning Code, subject to the Conditions of Approval.
Planning Commission Meeting
January 4, 2016
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D. Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act.
FINDING: Section 15301 of the California Environmental Quality Act (CEQA)
guidelines exempts projects consisting of the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion
of use beyond that existing at the time of the lead agency's determination. Accordingly,
Conditional Use Permit 15 -05 is classified as a Class 1 Categorical Exemption pursuant
to Section 15301 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 will not modify the existing building form nor add
any new floor area to the existing building. 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 maintenance of the project site.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 15 -05 for the establishment of a religious assembly use at 2739 Stingle Avenue,
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 January 4, 2016, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Planning Commission Meeting
January 4, 2016
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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 4 th day of January, 2016.
John Tang, Chair
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 4 th day of
January, 2016, 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
January 4, 2016
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ATTACHMENT "A"
CONDITIONAL USE PERMIT 15 -05
2739 STINGLE AVENUE
(APN: 5282 - 009 -007)
CONDITIONS OF APPROVAL
January 4, 2016
1. Conditional Use Permit 15 -05 is approved for the establishment of a religious
assembly use, in accordance with the plans marked Exhibit "B ", dated December
16, 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 with 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 -05 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 -05.
6. Conditional Use Permit 15 -05 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 15 -05 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.
Planning Commission Meeting
January 4, 2016
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8, Conditional Use Permit 15 -05 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 15 -05.
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 and 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 Division, Planning Division, and Engineering
Division shall be complied with prior to the final approval of the proposed
construction.
Planning Commission Meeting
January 4, 2016
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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 and proposed fences and walls shall match in color. All proposed
fences, walls, and landscape screening shall comply with the Rosemead
Municipal Code.
19. All trash enclosures shall match the fences and walls in color.
20. A solid roof shall be added to the existing trash enclosure. The solid roof shall
comply with the Rosemead Municipal Code.
21. The site shall be maintained in a clean, weed and litter free state.
22. Temporary structures shall not be erected on the subject property.
23. All signage unrelated to the approved use 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 and driveway shall be periodically re- slurry sealed and re- striped
per City of Rosemead parking standards, to the satisfaction of the Planning
Division.
25. The applicant shall comply with the City of Rosemead Water Efficient Landscape
Ordinance and any other drought tolerant requirements in effect.
26. All landscaping shall be maintained in a neat and healthy condition.
27. A maximum of one (1) residence for clergy may be permitted on -site.
28. Floor area for assembly use shall not exceed 900 square feet.
29. Violations of the conditions of approval may result in citation and /or initiation of
revocation proceedings.
Planning Commission Meeting
January 4, 2016
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