CC - 2017-66 - Reversing the Planning Commission's Decision and Approving Conditional Use Permit 16-08RESOLUTION NO. 2017-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, REVERSING THE PLANNING
COMMISSION'S DECISION AND APPROVING CONDITIONAL USE
PERMIT 16-08, A REQUEST TO OPERATE A PLACE OF RELIGIOUS
ASSEMBLY. THE SUBJECT SITE IS LOCATED AT 7516 EMERSON
PLACE, IN THE LIGHT MULTIPLE RESIDENTIAL (R-2) ZONE (APN:
5286-017-004)
WHEREAS, on November 20, 2017, the Planning Commission adopted Resolution 17-
22, denying Conditional Use Permit 16-08, a request to operate a place of religious assembly;
WHEREAS, on November 28, 2017, Council Member Steven Ly submitted a Request for
Review under Rosemead Municipal Code Section 17.160.060, to further review Conditional Use
Permit 16-08;
WHEREAS, Rosemead Municipal Code Section 17.160.060 allows any City Council
person, based on his/her responsibility to the electorate, to file with the City Clerk a "Request for
Review" (RFR) of any decision made by the Planning Commission or any discretionary action by
the Community Development Director;
WHEREAS, on November 30, 2017, forty-four (44) 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 heating for the Request for Review
of Conditional Use Permit 16-08;
WHEREAS, on December 12, 2017, the City Council held a duly noticed and advertised
public hearing to receive oral and written testimony relative to Conditional Use Permit 16-08;
WHEREAS, Rosemead Municipal Code Section 17.132.040 provides a number of
findings, all of which are necessary before a Conditional Use Permit may be approved; and
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following determination.
NOW, THEREFORE, the City Council of the City of Rosemead does hereby resolve as
follows:
SECTION 1. The City Council HEREBY DETERMINES that Conditional Use Permit
16-08 is classified as a Class 3 Categorical Exemption, pursuant to Section 15303. Section 15303
of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of
the construction and location of limited numbers of new, small facilities or structures; installation
of small new equipment and facilities in small structures; and the conversion of existing small
structures from one use to another where only minor modifications are made in the exterior of the
structure. Accordingly, Conditional Use Permit 16-08 and is classified as a Class 3 Categorical
Exemption, pursuant to Section 15303 of CEQA guidelines.
SECTION 2. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts
do exist to justify approving Conditional Use Permit 16-08, 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 use will not be incompatible or injurious to the residential uses on the
adjacent properties as a place of religious assembly is a use that may be conditionally permitted
within the residential zones.
The hours of operation for the place of religious assembly will be limited from 11:00 a.m.
to 2:00 p.m. on Monday, Tuesday, Thursday, and Friday; 11:00 a.m. to 1:00 p.m. on Wednesday;
and 10:30 a.m. to 3:00 p.m. on Saturday and Sunday. The congregant departure times of the place
of religious assembly will not coincide with the student departure times of Ralph Waldo Emerson
Elementary School, as the congregant departure times will be 2:00 p.m. on Monday, Tuesday,
Thursday, and Friday, and 1:00 p.m. on Wednesday; whereas the student departure times will be
2:35 p.m. on Monday, Tuesday, Thursday, and Friday, and 1:35 p.m. on Wednesday.
(MODIFIED BY THE CITY COUNCIL ON DECEMBER 12, 20P7)
Conditions of Approval have also been added for the, mitigation of potential smoke
pollution found at Condition of Approval Number 22, and to ensure that the use shall abide by
Rosemead Municipal Code Chapter 8.36 regarding noise control as provided for in Conditions of
Approval Number 20 and 21.
B. The use is consistent with the General Plan.
FINDING: 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: 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 15303 of the California Environmental Quality Act (CEQA)
guidelines exempts projects consisting of the construction and location of limited numbers of
new, small facilities or structures; installation of small new equipment and facilities in small
structures; and the conversion of existing small structures from one use to another where only
minor modifications are made in the exterior of the structure. Accordingly, Conditional Use
Permit 16-08 are classified as a Class 3 Categorical Exemption, pursuant to Section 15303 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 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 project will maintain the
character of the existing neighborhood as it was designed based on applicable R-2 zoning district
standards.
SECTION 3. The City Council HEREBY REVERSES the Planning Commission's
decision to deny Conditional Use Permit 16-08 and APPROVES Conditional Use Permit 16-08,
permitting the operation of a place of religious assembly at 7516 Emerson Place, subject to the
conditions listed in Attachment "A", attached hereto and incorporated herein by reference.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and hereafter
the same shall be in full force and effect.
PASSED, APPROVED, AND ADOPTED this 12' day of December, 2017.
;RachelORM:
Attorney
Polly Low, 'Mayor
ATTEST:
Marc Donohue, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby
certify that the foregoing City Council Resolution, No. 2017-66, was duly adopted by the City
Council of the City of Rosemead, California, at a regular meeting thereof held on the 121x' day of
December, 2017, by the following vote, to wit:
AYES: ARMENIA, LOW, LY
NOES: NONE
ABSENT: ALARCON
ABSTAIN: CLARK
Marc Donohue, icy Clerk
ATTACHMENT "A"
(CC RESOLUTION 2017-66)
CONDITIONAL USE PERMIT 16-08
7516 EMERSON PLACE
(APN: 5286-017-004)
CONDITIONS OF APPROVAL
DECEMBER 12, 2017
Standard Conditions of Approval
1. Conditional Use Permit 16-08 ("Project") is approved for the operation of a place of religious
assembly at 7516 Emerson Place, in accordance with the plans marked Exhibit `B", dated
November 6, 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 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 of approval listed on this exhibit shall be copied directly onto any
development plans submitted to the Planning and Building Divisions. The applicant shall
ensure that all conditions of approval have been met and are in full force prior to the issuance
of a building permit or Certificate of Occupancy as determined by the Director of Community
Development.
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 City Council approval date.
5. The on-site public heating notice posting shall be removed by the end of the 10 -day appeal
period of Project.
6. Project approval is valid for one (1) year from the City Council approval date. The
entitlement shall not be deemed exercised until a building permit has been issued and the
project has commenced construction ("break ground'), or has commenced permitted use in
compliance with the conditions of approval. If said entitlement is not exercised or a time
extension has not been granted during this time frame, this approval shall automatically
expire without further action by the City. Request for time extension shall be submitted to
the Planning Division within 30 calendar days prior to expiration. If Project has been unused,
abandoned, or discontinued for a period of one (1) year, this entitlement approval shall
become null and void.
7. The City Council hereby authorizes the Planning Division to make and/or approve minor
modifications to the project and to these conditions of approval.
Project is granted or approved by 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, including but not limited to the occupancy limit set forth by the Building and
Fire Department. (MODIFIED BY THE CITY COUNCIL ON DECEMBER 12, 2017)
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.
17. The site shall be maintained in a graffiti -free state. Any graffiti shall be removed within
twenty-four (24) hours.
18. The site shall be maintained in a clean, weed and litter free state.
Planning Division
19. The hours of operation for assembly purposes shall be limited to 11:00 a.m. to 2:00 p.m. on
Monday, Tuesday, Thursday, and Friday, 11:00 a.m. to 1:00 p.m. on Wednesday, and 10:30
a.m. to 3:00 p.m. on Saturday and Sunday. (MODIFIED BY THE CITY COUNCIL ON
DECEMBER 12, 2017)
20. All noise shall abide by Rosemead Municipal Code Chapter 8.36.
21. All activities shall take place within the interior of the building while the doors and windows
are closed. There shall be no amplification of music or voice outside of the building. Sound
as measured at the property line shall not exceed a noise performance standard of 60 dBA
during hours of operation.
22. Only smokeless incense shall be used, such as LED or other approved material that does not
create or emit smoke or emission other than water vapor.
23. All outdoor kitchen appliances and portable shade structures shall be removed.
24. The trash enclosure shall be constructed to match the proposed fencing. 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.
25. Exterior lighting shall be of low intensity and shielded so that light will not spill out onto
surrounding properties or project above the horizontal plane.
Public Works Department
26. Install driveway approach per SPPWC Standard Plan 110-2.
27. All work proposed within the public right-of-way shall require permits from the Public
Works Department.
28. Install one (1) 24 -inches box parkway tree per SPPWC Standard Plan 520-4.
29. Remove existing and install 4 -inches thick PCC Sidewalk from property line to property line.
30. Remove existing and install PCC curb and gutter from property line to property line per
SPPWC Standard Plan 120-2.
Additional Conditions
31. The applicant shall obtain a Temporary Use Permit or Special Events Permit as required
pursuant to Section 17.124 (Temporary Use Permits and Special Events) of the RMC.
Temporary Use Permit or Special Events Permit is limited to no more than three events per
calendar year and is subject to review and approval per Section 17.124 of RMC. (ADDED
BY THE CITY COUNCIL ON DECEMBER 12, 2017)
32. The Conditional Use Permit shall be reviewed by the City Council after six months of
receiving a Certificate of Occupancy or final building permit. Staff will present information
to the council to determine compliance with the Conditions of Approval. (ADDED BY THE
CITY COUNCIL ON DECEMBER 12, 2017)