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PC - Item 3A - Conditional Use Permit 15-05 at 2739 Stingle Avenue IM ` 9 a ROSEMEAD PLANNING COMMISSION ooh!\\ STAFF REPORT -III �E TO: THE HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: PLANNING DIVISION DATE: FEBRUARY 1, 2016 SUBJECT: CONDITIONAL USE PERMIT 15-05 (CONTINUED) 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. On January 4, 2016, the Planning Commission conducted a duly notice public hearing for Conditional Use Permit 15-05. At the public hearing, the Planning Commission reviewed the proposed project and received testimony from members of the public. The Planning Commission expressed concern regarding the potential for the utilization of the outdoor courtyard area for assembly use. In order to provide ample time to modify Condition of Approval No. 28, as it relates to the restriction of area for assembly use, the Planning Commission voted to continue the subject item to the Planning Commission meeting on February 1, 2016. To clarify the exact colors that would be applied to the existing building, the applicant has provided samples of the proposed colors (Exhibit "C"). 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. Planning Commission Meeting February 1,2016 Page 2 of 10 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. 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 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. Planning Commission Meeting February 1,2016 Page 3 of 10 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-3D 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. 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. Prepared by: Submitted by: Liittthibie ory Ha- Michelle Ramirez Associate Planner Community Development Director EXHIBITS: A. Planning Commission Resolution 15-21 with Attachment"A"(Conditions of Approval) B. Planning Commission Staff Report, dated January 4,2016 C. Proposed Color Samples Planning Commission Meeting February 1,2016 Page 4 of 10 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-3D 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-3D 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; WHEREAS, on January 4, 2016, the Planning Commission continued the public hearing to February 1, 2016; and Planning Commission Meeting February 1,2016 Page 5 of 10 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 15-05 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 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. 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-3D 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 February 1,2016 Page 6 of 10 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 February 1, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Meeting February 1,2016 Page 7 of 10 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 1st day of February, 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 1st day of February, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Michelle Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting February 1,2016 Page 8 of 10 ATTACHMENT "A" CONDITIONAL USE PERMIT 15-05 2739 STINGLE AVENUE (APN: 5282-009-007) CONDITIONS OF APPROVAL February 1, 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 February 1,2016 Page 9 of 10 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 February 1,2016 Page 10 of 10 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. Additional permit(s) shall be obtained from the Community Development Department prior to any utilization of outdoor area for assembly use. The maximum number of people that may be permitted in the outdoor and indoor areas for assembly use shall be equal to the maximum occupant load of the building as determined by the Rosemead Building Official. 29. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. EXHIBIT B M ` ROSEMEAD PLANNING COMMISSION 41° o STAFF REPORT It 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 Page 2 of 13 4 Yt Il Front Elevation 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-3D 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: Mixed Use: Residential/Commercial (60 du/ac; 4 stories) Zoning: C-3D RC-MUDO (Medium Commercial with ResidentiaVCommercial Mixed-Use Development and Design Overlays) Land Use: Residential South General Plan Designation: Mixed Use: Residential/Commercial (60 du/ac;4 stories) Zoning: C-3D RC-MUDO (Medium Commercial with Residential/Commercial Mixed-Use Development and Design Overlays) Land Use: Residential East General Plan Designation: Mixed Use: Residential/Commercial (60 du/ac; 4 stories) Zoning: C-3D RC-MUDO (Medium Commercial with Residential/Commercial Mixed-Use Development and Design Overlays) Land Use: Residential West General Plan Designation: Low Density Residential Zoning: R-1 Land Use: Residential Planning Commission Meeting January 4,2016 Page 3 of 13 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 Manning Commission Meeting January 4,2016 Page 4 of 13 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-3D 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. Planning Commission Meeting January 4,2016 Page 5 of 13 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: Cory H h Michelle Ramirez Associate Planner Community Development Director EXHIBITS: A. Planning Commission Resolution 15-21 with Attachment"A" (Conditions of Approval) B. Site PlaniFloor Plan/Landscape Plan C. Assessor Parcel Map (APN: 5282-009-007) • Planning Commission Meeting January 4,2016 Page 6 of 13 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-3D RC- MUDO (MEDIUM COMMERCIAL WITH RESIDENTIALJCOMMERCIAL 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-3D 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 Page 7 of 13 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 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. 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-3D 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 Page 8 of 13 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 Page 9 of 13 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 4th 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 41h 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 Page 10 of 13 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 Page 11 of 13 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 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 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 Page 13 of 13 EXHIBIT "C" 52821 9 r. :, is.._ I1!!!o P..©'r„l,s-- •�e,.,,,aa�,.,,� 2997 5289 GARVEY a.m AVE'_ iii TRACT NO L., O TICD 01 OR y3.T.Yi zLn_ C PG PG--. to 25 P M 272 - 43 __ TR SUBJECT =_ SITE M 3 = Is _o PG If EXHIBIT "C" Exterior Walls: Eaves, Front Entrance, and Bottom Portion of Exterior Walls: