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PC - 2017-18 - Approving Conditional Use Permit 15-02 and Minor Exception 17-18. Permitting the Expansion of An Existing Legal Nonconfirming Place of Religous Assembly Use and Enlargement of An Existing Legal Nonconforming Struture at 7915 Hellman PC RESOLUTION 17-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 15-02 AND MINOR EXCEPTION 17-18, PERMITTING THE EXPANSION OF AN EXISTING LEGAL NONCONFORMING PLACE OF RELIGIOUS ASSEMBLY USE AND ENLARGEMENT OF AN EXISTING LEGAL NONCONFORMING STRUCTURE, LOCATED AT 7915 HELLMAN AVENUE (APN: 5287-015- 022), IN A LIGHT MULTIPLE RESIDENTIAL (R-2) ZONE. WHEREAS, on January 14, 2015, Frank Contreras of Open Bible Church submitted a Conditional Use Permit and Minor Exception application, a request to expand the existing legal nonconforming place of religious assembly use and to enlarge the existing legal nonconforming structure, located at 7915 Hellman Avenue; WHEREAS, 7915 Hellman Avenue is located in a Light Multiple Residential (R-2) zoning district; WHEREAS, Section 17.132.040 of the Rosemead Municipal Code provides the criteria for a Conditional Use Permit; WHEREAS, Section 17.72.040(B)(1) and 17.142.020(A)(1) of the Rosemead Municipal Code provides the criteria for a Minor Exception; WHEREAS, Sections 65800 and 65900 of the California Government Code and Sections 17.132.040 and 17.142.020(A) of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or deny Conditional Use Permit and Minor Exception applications; WHEREAS, on September 7, 2017, 69 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 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 15-02 and Minor Exception 17-18; WHEREAS, on September 18, 2017, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 15-02 and Minor Exception 17-18; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that Conditional Use Permit 15-02 and Minor Exception 17-18 are 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 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 15-02, 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 existing place of religious assembly use has been in operation prior to the incorporation of the City of Rosemead. The existing assembly area will not be enlarged, and all other accessory uses are designed to benefit the church members. Based on the scope of the project, the anticipated operation will be typical of a religious assembly use and will not attract injurious activity. Conditions of approval will add protection for the public health, safety, and general welfare. As such, the project will not create any foreseeable substantial negative impacts to the vicinity of the project site. B. The use is consistent with the General Plan. FINDING: According to the Land Use Element of the General Plan, in residential areas, in addition to the primary residential use, other uses, such as religious organizations, are permitted. The design of the project will be compatible with and complement the existing established residential neighborhood. C. The use is consistent with the provisions of this Zoning Code. FINDING: Approval of the Conditional Use Permit with Conditions of Approval will ensure that 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 15-02 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 site is located in a R-2 zoning district. The R-2 zoning district identifies areas characterized by single-family dwellings and duplexes. The R-2 standards are intended to maintain the character of existing neighborhoods while allowing the opportunity for duplex and smaller lot single-family development that is consistent with the General Plan Medium Density Residential land use designation. In addition to the residential use, the General Plan Land Use Element permit other uses, such as religious organizations. The existing structure has been utilized by a religious organization prior to the incorporation of the City of Rosemead. The project will maintain the character of the existing neighborhood as it was designed based on applicable R-2 zoning district standards. SECTION 3.The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Minor Exception 17-18, in accordance with Section 17.72.040(6)(1) and 17.142.020(A)(1) of the Rosemead Municipal Code as follows: A. structure that is legal nonconforming due to setbacks, height, or other similar development standard, but not including floor area, may be enlarged or extended provided that the enlargement shall not increase the degree of nonconformity nor shall it extend into any conforming setback area. FINDING: The proposed addition would not increase the degree of nonconformity nor extend into any conforming setback area, as the proposed addition complies with the minimum setback requirements of the R-2 zone. B. Minor Exceptions of the rear yard, side yard, lot coverage, driveway, or parking stall size as may be necessary to secure an appropriate improvement of a lot to prevent unreasonable hardship or to promote uniformity of appearance, provided such exceptions do not exceed a 20-percent exception from existing regulations. FINDING: The project includes a 17-percent exception from the minimum landscape area requirement of 20-percent lot coverage. Allowing additional off-street parking spaces to be provided in lieu of satisfying the minimum landscape area requirement, would benefit the community by lessening the need for church members to park off-site. To improve the aesthetics of the parking area from public view, the applicant has proposed to allocate a significant amount of landscaping towards the front of the project site. SECTION 4. The Planning Commission HEREBY APPROVES Conditional Use Permit 15-02 and Minor Exception 17-18, permitting the expansion of the existing legal nonconforming place of religious assembly use and enlargement of the existing legal nonconforming structure, located at 7915 Hellman Avenue, and subject to the conditions listed in Attachment "A", attached hereto and incorporated herein by reference. SECTION 5. This action shall become final and effective ten days after this decision by the Planning Commission, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Rosemead Municipal Code Section 17.160.040 —Appeals of Decisions. SECTION 6. This resolution is the result of an action taken by the Planning Commission on September 18, 2017, by the following vote: AYES: DANG, ENG, HERRERA, AND LOPEZ NOES: NONE ABSTAIN: NONE ABSENT: TANG SECTION 7. 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 18`h day of September 2017. ' ^ K dio Sean Dang, 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 18th day of September 2017, by the following vote: AYES: DANG, ENG, HERRERA, AND LOPEZ NOES: NONE ABSTAIN: NONE ABSENT: TANG Lily T. Valenzuela, Secretary APPROVED AS TO FORM: Ale Kane Thuyen, Planning Commission Attorney Burke, Williams & Sorensen, LLP ATTACHMENT "A" (PC RESOLUTION 17-18) CONDITIONAL USE PERMIT 15-02 AND MINOR EXCEPTION 17-18 7915 HELLMAN AVENUE (APN: 5287-015-022) CONDITIONS OF APPROVAL SEPTEMBER 18, 2017 Standard Conditions of Approvals 1. Conditional Use Permit 15-02 and Minor Exception 17-18 ("Project") is approved for the expansion of the existing legal nonconforming place of religious assembly use and enlargement of the existing legal nonconforming structure, located at 7915 Hellman Avenue, in accordance with the plans marked Exhibit "B", dated August 14, 2017. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 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. 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. 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. 16. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Project Specific Conditions of Approval 17. The number of fixed seats provided within the assembly area shall not exceed 270 fixed seats, provided that a minimum of 54 off-street parking spaces are maintained on the project site. At the discretion of the Community Development Director, changes to the scope of the project shall utilize the following ratio to determine the minimum number of off-street parking spaces required: a. One off-street parking space per five fixed seats (one space per 20 linear inches of bench seating area shall be considered a fixed seat); or b. One off-street parking space per 75 square feet of floor area used for assembly not containing seats. 18. Prior to the issuance of any building permits associated with Project, the single- family dwelling unit and garage located towards the west property line shall be demolished and removed. 19. Adequate lighting shall be maintained in the parking areas. All lighting sources shall be directed towards the interior of the property and shielded downwards. 20. The parking lot and driveway shall be periodically re-slurry sealed and re-striped per City of Rosemead standards, to the satisfaction of the Planning Division. The parking area shall be striped in accordance with the approved plans. 21. All existing and proposed fences and walls shall be consistent in design and complement the approved design of the primary building; such walls shall utilize split-face block in material and be earth-tone in color. All proposed fences, walls, and landscape screening shall comply with the Rosemead Municipal Code. (Modified per Planning Commission on September 18, 2017) 22. All landscape areas shall be rehabilitated to the satisfaction of the Planning Division. 23. A new fully enclosed trash enclosure shall be constructed. A solid roof cover, to the satisfaction of the Planning Division, shall be provided for the trash enclosure. The roof shall provide adequate clearance to allow complete access of waste bins. The trash enclosure shall be equipped with self-closing, solid, doors. 24. Project shall comply with the City of Rosemead Water Efficient Landscape Ordinance and any other drought tolerant requirements in effect. Public Works Department Conditions of Approval 25. Remove and replace any broken sidewalk. 26. Install two 36-inch box parkway trees. 27. An Encroachment Permit from Public Works Department shall be obtained for any improvements on the right-of-way. Geological Condition of Approval 28. In concurrence with the recommendations provided by GeoSystems, Inc. in their response letter, the excavation for the proposed retaining wall on the west side of the property shall be observed and recorded by a geologist from that firm. The field review shall verify that their conclusions regarding the potential for surface fault rupture are correct, and that no fault trace or evidence of ground deformation is exposed in the excavation. The geological findings of that review shall be submitted to the City as a supplemental report upon completion of the retaining wall excavation. If evidence of faulting is encountered, the City's Building Department and the undersigned shall be notified immediately, and a site meeting scheduled.