Loading...
PC - Item 3B - Conditional Use Permit 16-03 ROSEMEAD PLANNING COMMISSION STAFF REPORT CIVIC PRIDE WI4 0/ NCO`TPO.RATEO 1959 TO: THE HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: PLANNING DIVISION DATE: JUNE 20, 2016 SUBJECT: CONDITIONAL USE PERMIT 16-03 3927 WALNUT GROVE AVENUE, UNIT 117 Summary I 0 BEEZ, Inc. has submitted a Conditional Use Permit application, a request to establish an internet café use at 3927 Walnut Grove Avenue, Unit 117 (APN: 5371-011-016). The proposed project would not increase the floor area of the existing building. The project site is located in a C-3/D-O (Medium Commercial with Design Overlay) zone. A Conditional Use Permit is required in order to establish an internet café use in a C-3 (Medium Commercial) zone. Environmental Determination Section 15301 of the California Environmental Quality Act 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 16- 03 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of California Environmental Quality Act guidelines. Staff Recommendation It is recommended that the Planning Commission ADOPT Resolution No. 16-10 with findings (Exhibit "A"), and APPROVE Conditional Use Permit 16-03, subject to the 29 conditions outlined in Attachment "A" attached hereto. Property History and Description The project site is located at the southwest corner of Walnut Grove Avenue and Valley Boulevard. The project area consists of three (3) parcels totaling 69,561 square feet (1.59 acres) plus approximately 36,498 square feet of Los Angeles County Flood Control property for parking. The site is currently developed with a 28,878 square foot McDonald's restaurant building and parking lot that was previously approved under Design Review 01-89 and Zone Variance 01-303 on January 21, 2001. Planning Commission Meeting June 20,2016 Page 2 of 14 On June 16, 2003, the Planning Commission approved Design Review 03-104 for the development of three (3) new commercial buildings totaling 30.000 square feet. However, the project was modified on July 18, 2005, under Design Review 03-104 (Modification), for the development of a shopping center consisting of two (2) commercial buildings totaling 25,500 square feet of office and retail use. The construction of the project was completed in 2014. - et‘' 01.21 Front Elevation (Existing) Site and Surrounding Land Uses The project site is designated in the General Plan as Commercial and on the zoning map as C-3/D-O (Medium Commercial with Design Overlay) zone. The site is surrounded by the following land uses: North General Plan: Commercial Zoning: C-3D (Medium Commercial with a Design Overlay) Land Use: Commercial South General Plan: Low Density Residential Zoning: P-D (Planned Development) Land Use: Residential East General Plan: High Intensity Commercial Zoning: C-4D (Regional Commercial with a Design Overlay) Land Use: Commercial and Residential West General Plan: Commercial and Low Density Residential Zoning: C-3D (Medium Commercial with a Design Overlay) and P-D (Planned Development) Land Use: Commercial and Residential Planning Commission Meeting June 20,2016 Page 3 of 14 Administrative Analysis As illustrated in Exhibit "B", the applicant has proposed to establish an internet café use at 3927 Walnut Grove Avenue, Unit 117, which is located within an existing shopping center. A Conditional Use Permit is required in order to establish an internet café use in a C-3 (Medium Commercial) zone. I 0 BEEZ, Inc. currently holds a valid business license to operate a web and software development company, which also provides computer repair services. Hours of Operation Per Rosemead Municipal Code, Section 17.30.140(C)(5), hours of operation shall be limited from 8:00 a.m. to 10:00 p.m. Sunday through Thursday, and 8:00 a.m. to 12:00 a.m. (midnight) Friday and Saturday, unless alternative hours are specifically approved through the Conditional Use Permit process. The applicant has proposed the following hours of operation: 8:00 a.m. to 12:00 a.m. (midnight) Sunday through Saturday. The applicant has provided the following statement: "I 0 Beez requests special operating hours, to be allowed to operate between eight a.m. to midnight Monday through Sunday. I 0 Beez would suffer a loss of competitiveness if I 0 Beez could not stay open between the hours of 9 p.m. to twelve a.m. midnight. Nearby internet cafes, such as Dreamlab Gaming, located at 1023 S. Baldwin Avenue, Arcadia, California 91007 are open until 1:00 a.m. Monday through Sunday." City of Rosemead Chief of Police, Lieutenant Somoano, does not oppose extending the allowable hours of operation to 12:00 a.m. (midnight), and has added an additional condition of approval relating to minors. Staff recommends adding the following condition of approval: Hours of operation shall be limited from 8:00 a.m. to 12:00 a.m. (midnight), daily. Security Per Rosemead Municipal Code, Section 17.30.140(C)(12), a security plan shall be subject to the review and approval of the Chief of Police. The applicant has submitted a security plan (Exhibit "D") to the City; such security plan has been approved by the City of Rosemead Chief of Police, Lieutenant Somoano. Code Enforcement Violations According to the Public Safety Department, from June 2015 to March 2016, a total of nine (9) citations have been issued to Fei Wang, owner of I 0 BEEZ, Inc. The citations were for conducting business activity (internet café) without the appropriate license. Such citations are filed under Code Enforcement records. In speaking with the City of Rosemead Chief of Police, he has no objections to the internet café use. Planning Commission Meeting June 20,2016 Page 4 of 14 Site Plan The applicant has not proposed any changes to the existing commercial site. The proposed project would not increase the floor area of the existing commercial site. Floor Plan The proposed floor plan consists of a service counter, waiting area, restroom, storage room, and 25 computer terminal stations. An existing four (4) feet wall abutting the storage room is proposed to be removed. Parking and Circulation Per Rosemead Municipal Code, Section 17.112.040, a shopping center with more than four (4) tenants is parked at the following ratios: • Centers with up to 100,000 square feet of floor area: 1 parking space per 250 square feet; and • Centers with over 100,000 square feet of floor area: 1 parking space per 280 square feet. The subject shopping center holds 26 commercial units for a total of 25,500 square feet of floor area. As such, the shopping center is parked at one (1) parking space per 250 square feet of floor area. Since the proposed project would not increase the total floor area of the shopping center, additional parking would not be required. Municipal Code Requirements According to Rosemead Municipal Code, Section 17.16.020, a Conditional Use Permit is required in order to establish an internet café use in the C-3 (Medium Commercial) zone. Per Rosemead Municipal Code, Section 17.132.040, 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 or 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 project site is located within an established commercial corridor of the City. Conditions of approval will ensure that the public health, safety, and general welfare would be protected. A security plan, approved by the City of Rosemead Chief of Police, will be implemented to protect the properties and land uses in the vicinity. B. The use is consistent with the General Plan. The Land Use Element of the General Plan aims to concentrate commercial and industrial businesses in established commercial, office, and industrial districts. Planning Commission Meeting June 20,2016 Page 5 of 14 Accordingly, the use will be located within a shopping center within an established commercial corridor. C. The use is consistent with the provisions of this Zoning Code. The use is consistent with the applicable provisions of the Zoning Code. 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 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 16-03 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of California Environmental Quality Act 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 project does not include any new development. The scope of work is limited to only interior tenant improvements. Public Notice Process This item has been noticed through the regular agenda notification process, which includes a 300-foot radius public hearing notice to forty-one (41) property owners, publication in the Rosemead Reader on June 9, 2016, and postings of the notice at the six (6) public locations and on the subject site. Prepared by: Submitted by: I, ; _ Cory H. Michelle Ramirez Associate Planner Community Development Director EXHIBITS: A. Planning Commission Resolution 16-10 B. Site Plan and Floor Plan (Dated May 31, 2016) C. Assessor Parcel Map (APN: 5371-011-016) D. Security Plan Planning Commission Meeting June 20,2016 Page 6 of 14 EXHIBIT "A" PC RESOLUTION 16-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 16-03, PERMITTING THE ESTABLISHMENT OF AN INTERNET CAFE USE AT 3927 WALNUT GROVE AVENUE, UNIT 117 (APN: 5371-011-016), IN A C-3/D-0 (MEDIUM COMMERCIAL WITH DESIGN OVERLAY) ZONE. WHEREAS, on March 15, 2016, I 0 BEEZ, Inc. submitted a Conditional Use Permit application, a request to establish an internet café use at 3927 Walnut Grove Avenue, Unit 117; WHEREAS, 3927 Walnut Grove Avenue is located in a C-31D-O (Medium Commercial with Design Overlay) zoning district; 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 authorize the Planning Commission to approve, conditionally approve, or deny Conditional Use Permit applications; WHEREAS, on June 9, 2016, forty-one (41) notices were sent to property owners within a 300-foot radius from the subject property, the notice was published in the Rosemead Reader, and notices were 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 16-03; WHEREAS, on June 20, 2016, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 16-03; 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 16-03 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of the California Environmental Quality Act guidelines. Section 15301 of the California Environmental Quality Act guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of Planning Commission Meeting June 20,2016 Page 7 of 14 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 16-03, in accordance with Section 17.132.040 of the Rosemead Municipal Code as follows: A. Approval of the application will not be or 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 project site is located within an established commercial corridor of the City. Conditions of approval will ensure that the public health, safety, and general welfare would be protected. A security plan, approved by the City of Rosemead Chief of Police, will be implemented to protect the properties and land uses in the vicinity. B. The use is consistent with the General Plan. FINDING: The Land Use Element of the General Plan aims to concentrate commercial and industrial businesses in established commercial, office, and industrial districts. Accordingly, the use will be located within a shopping center within an established commercial corridor. C. The use is consistent with the provisions of this Zoning Code. FINDING: The use is consistent with the applicable provisions of the Zoning Code. 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 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 16-03 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of California Environmental Quality Act 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 project does not include any new development. The scope of work is limited to only interior tenant improvements. Planning Commission Meeting June 20,2016 Page 8 of 14 SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 16-03, permitting the establishment of an internet café use at 3927 Walnut Grove Avenue, Unit 117, 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 June 20, 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: SECTION 6. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicants and the Rosemead City Clerk. PASSED, APPROVED, and ADOPTED this 20th day of June, 2016. 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 20th day of June, 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Michelle Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting June 20,2016 Page 9 of 14 ATTACHMENT "A" (PC RESOLUTION 16-10) CONDITIONAL USE PERMIT 16-03 3927 WALNUT GROVE AVENUE, UNIT 117 (APN: 5371-011-016) CONDITIONS OF APPROVAL JUNE 20, 2016 Standard Conditions of Approvals 1. Conditional Use Permit 16-03 ("Project") is approved for the establishment of an internet café use at 3927 Walnut Grove Avenue, Unit 117, in accordance with the plans marked Exhibit "B", dated May 31, 2016. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 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. 4. Approval of Project shall not take effect for any purpose until the applicant(s) have filed with the City of Rosemead ('`City") 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 Project. 6. Project is approved for a period of one (1) year. The applicant(s) shall commence the approved 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 Project 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 June 20,2016 Page 10 of 14 8. Project 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 Project. 9. The applicant(s) 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(s) 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 Community Development Director, or his/her designee, 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. The applicant shall abide by the noise control sections of the Rosemead Municipal Code. 14. The Building Division, Planning Division, and Engineering Division shall have access to the project site 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 June 20,2016 Page 11 of 14 16. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Project Specific Conditions of Approval 17. Adult-oriented business activities and/or uses are prohibited, unless specifically approved in compliance with the requirements of Rosemead Municipal Code, Chapter 5.08 and Section 17.30.030 (Adult Businesses). 18. Internet site blocking, for the purposes of restricting adult sites, shall be required. 19. The applicant shall provide full-time adult attendants or supervisors, twenty-one (21) years of age or older, at a ratio of at least one attendant/supervisor for each ten (10) machines, plus one security guard for each twenty (20) machines or fraction thereof or as otherwise directed by the Community Development Director. 20. Hours of operation shall be limited from 8:00 a.m. to 12:00 a.m. (midnight), daily. 21. A person shall not enter, be, or remain in any part of the Internet Café while in the possession of, consuming, using, or under the influence of any alcoholic beverage or drug. a. No licensee or manager shall permit any person in possession of, consuming, using, or under the influence of any alcoholic beverage or drug to enter or remain on the premises. b. Signs shall be posted stating this condition to the satisfaction of the Community Development Director. 22. Minors shall be accompanied by a parent or legal guardian after 10:00 p.m. and may not enter the facility during those times when any public school within the City is conducting its regular education program. Patrons who appear under the age of twenty-five (25) shall present proper identification to verify their age before using the facility. Notice of these prohibitions shall be posted at the entrance to the satisfaction of the Community Development Director. 23. Adequate lighting shall be maintained inside the business and parking areas. An interior and exterior lighting plan shall be reviewed and approved by the Community Development Director before occupancy permit will be issued. 24. No window(s) shall be obstructed, tinted, or otherwise covered during business hours. 25. Establishments with internet access consisting of twenty-five (25) percent or more of the gross floor area shall provide a waiting area with seating equal to one seat for every four computer stations. Planning Commission Meeting June 20,2016 Page 12 of 14 a. No waiting list may be maintained beyond the seating capacity of the waiting area. b. No outside waiting (loitering) or seating area shall be allowed and signs shall be posted stating this prohibition to the satisfaction of the Community Development Director. 26. The applicant shall submit and receive an approved plan from the Los Angeles County Fire Department. a. The plan shall address all exiting requirements of the Uniform Building and Fire Codes. b. This includes, but is not limited to, aisle locations and dimensions. equipment location, exiting, and panic hardware. 27. A security plan, approved by the City of Rosemead Chief of Police, shall be implemented and enforced at all times. 28. To minimize noise issues, all computers shall utilize headphones with no external speakers allowed. 29. All outstanding Code Enforcement violations and fines must be resolved to the satisfaction of the Public Safety Department prior to issuance of an occupancy permit. . 1 Planning Commission Meeting June 20,2016 Page 13 of 14 EXHIBIT "C" ivr- ry I _v i a • 30 •NHS �, =9 wvuxorr1 W� 0.' '" -....p y33 , Wes• N'. _ • . z \ 1a£?R. i31 .. • N P VAt EY. �. BLVD. • . — ra.GV�P.-/NLSIO-t-rt - Ili , . -a!* • ',Y. Np T�O:.v ,�t • mV Ba 4 74 r . 1. X X, A 'hl PROJECT 1n n n n _ I as - -I 1-4 t.4 i" SITE o. o 0 10 �I m A r 6 ,r.s 'W o W `o I N.� _ o N I . A '0,4 eo . �Qa@ 3 4--- _ s ), '7 :CA 1W . •1�,;W Eo / - Or O, t !° ti i ‘\ j Z w'J 0,,: ®°M®a; . f ®,.t . \ \. w ` y. 4 u'Y •.r . rrax 64:\` A -,+' e,. • 0 60. 691 .y d ,o' > <a GUESS $ ST o ' ' use., \. N 'tTO q A`•. 0` GZ - a 0) � ° g \ fd lit 8 Ob 40..50 GO 62.3° 91.91. 84 4 '44 6x- G/ dD a a a0 .@m4Q �O 501. o n E ? 89 GO tzzs ✓ w ft15 i` •m -^.°:. RALPH ; ST. t rn• .a®w. _ ..• .. 1 p, A S1_- P= •2 m 631. 60 ,ozsl, a L ([��J �r 4+ s '. 'F • Or .4 .'t'O." .1088...' �• Q pi �5�� .o di�� ` z,'' "f°' n `4 b. co o: w 111 ° S `6 ,, ii0t 80.01 • ,50.50 CO 6l.0.q • 310)4 6 $N.�1 • '1,1 , r C•: p zS5 !dt td IJ e'� �' O ' sap-tt..yr c- PtiEs N•h ., . PL. 7th i0/t N rs a , /Z a K `` ,�, N ZN I -4 :11.4,.of 0 Oh O.Yr V. A,` to 00 03 r a C . ��k�, N A . . •°M Planning Commission Meeting June 20,2016 Page 14 of 14 EXHIBIT "D" SECURITY PLAN FOR IOBEEZ INC. 1. The owner(s) and manager(s) of I 0 Beez, Inc. ("I 0 Beez") shall be subject to a Sheriff's Department background check prior to issuance of a business license. At least one (1) owner or manager shall be on duty at all times during hours of operation. 2. I 0 Beez shall maintain a 24-hour video surveillance recording system ("Video Surveillance System"), which shall include coverage of the following areas: a. Patron and employee arrivals and departures; b. Immediate and adjoining parking areas; c. Entire exterior perimeter of the subject business; d. Any office and cashier areas; and e. Interior of business (customer areas). 3. I 0 Beez's Video Surveillance System shall be stored for a minimum of 30 days and be made available to law enforcement and code enforcement upon request. 4. I 0 Beez's parking lot and exterior will maintain good lighting during the hours of darkness. 5. I 0 Beez's business hours shall be in accordance with current established City regulations. 6. I 0 Beez will be subject to inspections by Code Enforcement and Law Enforcement during all business hours. 7. I 0 Beez will post appropriate signage regarding loitering, which must reflect City regulations on curfew. 8. I 0 Beez will not permit any forms of on-line gambling, subject to City regulations. 9. I 0 Beez will not permit any forms of sexual exploitation, subject to City regulations.