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PC - Item 3A - Zone Variance 17-06 at 7850 Garvey Avenue and 2743 Strathmore AvenueROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND PLANNING COMMISSION FROM: PLANNING DIVISION DATE: FEBRUARY 5, 2018 SUBJECT: ZONE VARIANCE 17-06 7850 GARVEY AVENUE AND 2743 STRATHMORE AVENUE �'igirihrUela,'� Jingyao Shi of HJ Auto Group, Inc. has submitted a Zone Variance (ZV) application, requesting an exception to Rosemead Municipal Code (RMC) Section 17.68.040.B, by exceeding the allowable maximum height of the perimeter fence. Per Rosemead Municipal Code Section 17.140.020, a Variance is required for any development that is not consistent with applicable development standards or other regulations of the Rosemead Zoning Code. The subject site is located at 7850 Garvey Avenue and 2743 Strathmore Avenue (APN: 5284-038-001 and 5284-038-002), in the Medium Commercial (C-3) zone. ENVIRONMENTAL DETERMINATION Section 15303 of the California Environmental Quality Act guidelines exempts projects consisting of 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, Zone Variance 17-06 is classified as a Class 3 Categorical Exemption, pursuant to Section 15303 of California Environmental Quality Act guidelines. STAFF RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 18-02 with findings (Exhibit "X), and APPROVE Zone Variance 17-06, subject to the 15 conditions outlined in Attachment "A" attached hereto. PROPERTY HISTORY AND DESCRIPTION The subject site is located at the southwest corner of Strathmore Avenue and Garvey Avenue. 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CD N N (CD N Planning Commission Meeting February 5, 2018 Page 5 of 14 Lot Depth Comparison Chart Location - APN Approximate Lot Depth in feet 5284-038-001 Subject Site 180 5284-038-800 180 5284-038-022 330 5284-028-001 130 5284-028-004 130 5284-028-005 130 5284-028-006 130 5284-028-028 130 5287-038-001 110 5287-038-018 125 5287-038-019 125 5287-038-020 125 5287-038-026 111 5287-038-029 111 5287-038-031 125 Fence height restrictions are regulated in the Zoning Code to provide orderly development and encourage a sense of community. In this case, the applicant is proposing to maintain the wrought iron fence by only extending the height to six feet. The openness of the fence material will present less of a visual distraction for passersby and will preserve airflow. The fence will also be sufficiently high to protect the structure from crime issues. Zone Variance Per Rosemead Municipal Code Section 17.140.020, a Variance is required for any development that is not consistent with applicable development standards or other regulations of [the Rosemead Zoning Code], with an exception of Minor Modifications, which are processed in accordance with Chapter 17.142. The applicant is requesting a Variance from Rosemead Municipal Code Section 17.68.040(B), which requires fences and walls located within ten feet of any public right-of-way to be no higher than three feet. The applicant is proposing to extend the existing perimeter wrought iron fence to six feet. MUNICIPAL CODE REQUIREMENTS Per Rosemead Municipal Code Section 17.140.010, the purpose of a Variance is to give the Planning Commission authority to allow an exception to certain development standards prescribed in the Zoning Code when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of [the Zoning Code] occur by reason of a strict interpretation and enforcement of any of the provisions of [the Zoning Code]. Per Rosemead Municipal Code Section 17.140.040, all of the following findings shall be made by the Planning Commission in conjunction with the approval of a Variance: A. There are special circumstances or conditions applicable to the subject property (such as location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning district. Planning Commission Meeting February 5, 2018 Page 6 of 14 HJ Auto Group, Inc. is unique as the company specializes in the resale of luxury and exotic vehicles. The subject site is located at the southwest corner of Strathmore Avenue and Garvey Avenue. The subject lot is larger than most lots within the vicinity. Due to the size of the lot, the vehicles for display for visible from both Garvey Avenue and Strathmore Avenue. Special circumstances are applicable to the subject site that do not apply generally to other properties in the vicinity under the Medium Commercial (C-3) zoning district. The subject site features a deeper lot depth than the typical properties found within the vicinity and under the identical zoning district. As shown below, only three of the 15 properties exceed 130 feet in lot depth. This feature, in conjunction with the rows of tandem parked vehicles (storage) at the rear of the subject site, decreases visibility of potential criminal activity towards the subject site for law enforcement. Lot De th Comparison mow. „- a ....:.#... 5284-038-001 Subject Site M 180 5284-038-800 180 5284-038-022 330 5284-028-001 130 5284-028-004 130 5284-028-005 130 5284-028-006 130 5284-028-028 130 5287-038-001 110 5287-038-018 125 5287-038-019 125 5287-038-020 125 5287-038-026 111 5287-038-029 111 5287-038-031 125 The Chief of Police has provided the statistics for the "calls for service" at the subject location over the last year (from January 1, 2017 to January 29, 2018). A total of 15 calls were made, which include calls for burglary alarm, medical assistance, trespassing, burglary reports, vandalism reports, and possible gun. B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning district. Within the vicinity, there are several properties with existing legal -nonconforming fences/walls that exceed the height of three feet. Due to an increase in crime that is affecting the operation of HJ Auto Group, Inc., strict compliance with the Zoning Code would deprive the property of privileges enjoyed by other properties in the vicinity. In addition, the Chief of Police had recommended that the applicant extend the height of their fence to deter criminal activities. Planning Commission Meeting February 5, 2018 Page 7 of 14 C. Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated. Within the vicinity, there are several properties with existing legal -nonconforming fences/walls that exceed the height of three feet. In addition, the subject site features a deeper lot depth than the typical properties found within the vicinity and under the identical zoning district. As shown below, only three of the 15 properties exceed 130 feet in lot depth. This feature, in conjunction with the rows of tandem parked vehicles (storage) at the rear of the subject site, decreases visibility of potential criminal activity towards the subject site for law enforcement. D. The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel. The proposed use is automotive sales and is permitted in the C-3 zone. The requested Variance does not affect the use. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300 -foot radius public hearing notice to 42 property owners, publication in the Rosemead Reader on January 25, 2018, and postings of the notice at the six public locations and on the subject site. Prepared by: Aa, Lily T. Valenzuela City Planner Submitted by _::::_... _ K ie l Ben Kim Director of Community Development EXHIBITS: A. Planning Commission Resolution 18-02 with Attachment "A" (Conditions of Approval) B. Site Plan (Dated December 11, 2017) C. Assessor's Parcel Map D. Temple Station 2016 Comparison of Incidents Planning Commission Meeting February 5, 2018 Page 8 of 14 EXHIBIT "A" PC RESOLUTION 18-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING ZONE VARIANCE 17-06, GRANTING AN EXCEPTION TO EXTEND THE HEIGHT OF THE EXISTING PERIMETER WROUGHT IRON FENCE TO SIX FEET. THE SUBJECT SITE IS LOCATED AT 7850 GARVEY AVENUE AND 2643 STRATHMORE AVENUE (APN: 5284-038- 001 and 5284-038-002), IN A MEDIUM COMMERCIAL (C-3) ZONE. WHEREAS, on December 11, 2017, Jingyao Shi of HJ Auto Group submitted a Zone Variance application, requesting to exceed the fence height limitation, by extending an existing perimeter wrought iron fence from four feet to six feet, located at 7850 Garvey Avenue and 2643 Strathmore Avenue; WHEREAS, 7850 Garvey Avenue and 2643 Strathmore Avenue are located in a C-3 zone; WHEREAS, Section 17.140.040 of the Rosemead Municipal Code provides the criteria for a Variance; WHEREAS, Sections 65800 and 65900 of the California Government Code and Sections 17.140.040 of the Rosemead Municipal Code authorizes the Planning Commission to approve, conditionally approve, or deny Variances; WHEREAS, on January 25, 2018, 42 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 Zone Variance 17-06; WHEREAS, on February 5, 2018, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Zone Variance 17-06; 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 Zone Variance 17-06 is classified as Class 3 Categorical Exemptions, pursuant to Section 15303 of the California Environmental Quality Act guidelines. Section 15303 of the Planning Commission Meeting February 5, 2018 Page 9 of 14 California Environmental Quality Act guidelines exempts projects consisting of 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. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Zone Variance 17-06, in accordance with Section 17.140.040 of the Rosemead Municipal Code as follows: A. There are special circumstances or conditions applicable to the subject property (such as location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning district. FINDING: HJ Auto Group, Inc. is unique as the company specializes in the resale of luxury and exotic vehicles. The subject site is located at the southwest corner of Strathmore Avenue and Garvey Avenue. The subject lot is larger than most lots within the vicinity. Due to the size of the lot, the vehicles for display for visible from both Garvey Avenue and Strathmore Avenue. Special circumstances are applicable to the subject site that do not apply generally to other properties in the vicinity under the Medium Commercial (C-3) zoning district. The subject site features a deeper lot depth than the typical properties found within the vicinity and under the identical zoning district. As shown below, only three of the 15 properties exceed 130 feet in lot depth. This feature, in conjunction with the rows of tandem parked vehicles (storage) at the rear of the subject site, decreases visibility of potential criminal activity towards the subject site for law enforcement. Lot Depth Comparison 5284-038-001 Subject Site 180 5284-038-800 180 5284-038-022 330 5284-028-001 130 5284-028-004 130 5284-028-005 130 5284-028-006 130 5284-028-028 130 5287-038-001 110 5287-038-018 125 5287-038-019 125 5287-038-020 125 5287-038-026 111 5287-038-029 111 5287-038-031 125 The Chief of Police has provided the statistics for the "calls for service" at the subject location over the last year (from January 1, 2017 to January 29, 2018). A total of Planning Commission Meeting February 5, 2018 Page 10 of 14 15 calls were made, which include calls for burglary alarm, medical assistance, trespassing, burglary reports, vandalism reports, and possible gun. B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning district. Within the vicinity, there are several properties with existing legal -nonconforming fences/walls that exceed the height of three feet. Due to an increase in crime that is affecting the operation of HJ Auto Group, Inc., strict compliance with the Zoning Code would deprive the property of privileges enjoyed by other properties in the vicinity. In addition, the Chief of Police had recommended that the applicant extend the height of their fence to deter criminal activities. C. Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated. FINDING: Within the vicinity, there are several properties with existing legal - nonconforming fences/walls that exceed the height of three feet. In addition, the subject site features a deeper lot depth than the typical properties found within the vicinity and under the identical zoning district. As shown below, only three of the 15 properties exceed 130 feet in lot depth. This feature, in conjunction with the rows of tandem parked vehicles (storage) at the rear of the subject site, decreases visibility of potential criminal activity towards the subject site for law enforcement. D. The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel. FINDING: The proposed use is automotive sales and is permitted in the C-3 zone. The requested Variance does not affect the use. SECTION 3. The Planning Commission HEREBY APPROVES Zone Variance 17- 06, granting an exception to extend the height of the existing perimeter wrought iron fence to six feet, 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 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. Planning Commission Meeting February 5, 2018 Page 11 of 14 SECTION 5. This resolution is the result of an action taken by the Planning Commission on February 5, 2018, 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 5th day of February, 2018. 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 5th day of February, 2018, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Secretary APPROVED AS TO FORM: Kane Thuyen, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting February 5, 2018 Paae 12 of 14 ATTACHMENT"A" (PC RESOLUTION 18-02) ZONE VARIANCE 17-06 7850 GARVEY AVENUE AND 2643 STRATHMORE AVENUE (APN: 5287-011-026) CONDITIONS OF APPROVAL FEBRUARY 5, 2018 Standard Conditions of Approval 1. Zone Variance 17-06 ("Project') is approved for the granting of exception to the allowable maximum height of the perimeter wrought iron fence, located at 7850 Garvey Avenue and 2643 Strathmore Avenue, in accordance with the site plan marked Exhibit "B", dated December 11, 2017. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 2. The conditions listed on this attachment shall be copied directly onto any the fence plan. The fence plan shall be approved by the Planning Division prior to installation. All conditions shall be complied with to the satisfaction of the Planning Division prior to final inspection. 3. 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. 4. The on-site public hearing notice posting shall be removed by the end of the 10 - day appeal period of Project. 5. 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. 6. The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications to the project and to these conditions of approval. 7. 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 Planning Commission Meeting February 5, 2018 Page 13 of 14 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Project Specific Conditions of Approval 14. The wrought iron fence shall complement the existing building in color and design. 15. All landscape areas shall be rehabilitated to the satisfaction of the Planning Division. Planning Commission Meeting February 5, 2018 Pape 14 of 14 EXHIBIT "C" 52$4 38 AVE. 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