PC - Item 3A - MOD 19-01ROSEMEAD PLANNING COMMISSION
STAFF REPORT
_______________________________________________________
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: DECEMBER 2, 2019
SUBJECT: MODIFICATION 19-01
8526 VALLEY BOULEVARD
SUMMARY
Gerard Yang has submitted a Modification Application (“Modification 19-01”) requesting
to amend Modification 13-01, which was approved by the Planning Commission on May
20, 2013. Specifically, Modification 13-01 was approved with Condition of Approval Nos.
1 and 37, which limited the square footage and percentage of restaurant or fast food use
within the shopping center (“Lucky Plaza”). The said Modification 19-01 would amend
Condition of Approval No. 1 and delete Condition of Approval No. 37, allowing for
additional restaurant or fast food use to be established in the shopping center.
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, MOD 19-01 is classified as
Class 1 Categorical Exemption, pursuant to Section 15301 of CEQA guidelines.
STAFF RECOMMENDATION
It is recommended that the Planning Commission ADOPT Resolution No. 19-12 with
findings (Exhibit “A”), and APPROVE Modification 19-01, subject to the 40 conditions
outlined in Attachment “A” attached hereto.
PROPERTY HISTORY AND DESCRIPTION
Lucky Plaza is located at the southwest corner of Walnut Grove Avenue and Valley
Boulevard. The project area consists of three 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 3,378 square foot McDonald’s
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December 2, 2019
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restaurant building and two commercial buildings totaling 25,500 square feet. Per
Planning Division records, several entitlements were approved by the Planning
Commission since 2001. Below is a summary of the entitlements in chronological order:
Design Review 01-89 and Zone Variance 01-303
On January 21, 2001, the Planning Commission approved Design Review 01-
89 and Zone Variance 01-303 for the construction of a 3,378 square foot
McDonald’s restaurant building and parking lot.
Design Review 03-104
On June 16, 2003, the Planning Commission approved Design Review 03-104
for the development of three new commercial buildings totaling 30,000 square
feet in addition to the existing McDonald’s restaurant building.
Design Review 03-104 (Modification)
The project was modified on July 18, 2005, under Design Review 03-104
(Modification). The applicant proposed to downsize the project from the three
approved buildings to two buildings totaling 25,500 square feet of office and
retail use. A Condition of Approval No. 37 (Resolution No. 05-26), attached as
Exhibit “C” was included, which prohibited any restaurant and fast food use
within the two buildings as follows:
“37. No restaurant or food uses shall be permitted in Building A or Building B
due to parking constraints.”
Modification 13-01
On May 20, 2013, a second Modification was presented to the Planning
Commission for an amendment to the aforementioned Resolution No. 05-26,
Condition of Approval Nos. 1 and 37 (Design Review 03-104). The item was
continued to June 3, 2013, due to concerns related to traffic and the height of
an existing wall located along the west property line. At this meeting, the
Planning Commission approved the amendment of Condition of Approval Nos.
1 and 37, by allowing the requested 10,000 square feet of restaurant and fast
food use. A copy of both staff reports with minutes have been included as
Exhibit “D” and Exhibit “E”, respectively. The amended Condition Nos. 1 and
37 (Resolution No. 13-06) are as follows:
“1. Design Review 03-104 (Modification) is approved for the [sic] for the
construction of a 28,000± square foot shopping center in accordance with the
plan marked Exhibit “B” dated June 14, 2005. Modification 13-01 is approved
for 10,000 of restaurant or fast food use and 15,500 square feet of retail or
office use in Buildings A and B. Any revisions to the approved plans and colored
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elevations must be resubmitted for review and approval by the Community
Development Department.”
“37. Building A and B shall consist of up to 10,000 square feet of restaurant or
fast food use and 15,500 square feet of retail or office use. Restaurant uses
shall open to the outside of the site or towards the McDonald’s pad and not
toward the housing adjacent to the west of the site. In addition, no less than
seventy (70) percent of the restaurant use allowed by this condition shall be
located in Building A. (MODIFIED BY THE PLANNING COMMISSION ON
JUNE 3, 2013)”
Elevation from Northeast Corner of Walnut Grove Avenue and Valley Boulevard (Existing)
Site and Surrounding Land Uses
The project site is designated in the General Plan as Commercial and on the zoning map
as Medium Commercial with a Design Overlay (C-3/D-O) zone. The site is surrounded
by the following land uses:
North:
General Plan: Commercial
Zoning: Medium Commercial with a Design Overlay(C-3/D-O)
Land Use: Commercial
South:
General Plan: Low Density Residential
Zoning: Planned Development (P-D)
Land Use: Residential
East:
General Plan: High Intensity Commercial
Zoning: Regional Commercial with a Design Overlay(C-4/D-O)
Land Use: Commercial and Residential
West:
General Plan: Commercial and Low Density Residential
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Zoning: Medium Commercial with a Design Overlay and Planned Development (C-3/D-O
and P-D)
Land Use: Commercial and Residential
DISCUSSION
The applicant is requesting to remove the limitations of restaurant and fast food use within
the shopping center due to leasing complications within the last year. The applicant has
indicated that there is a decline in retail leasing due to an increase in e-commerce. For
this reason, they would like to extend future leasable square footage to all uses with no
specific limitations to restaurant or fast food use.
Staff has carefully reviewed the applicant’s request to verify that the proposed
development would remain in conformity with the standards of the Rosemead Municipal
Code, if Condition of Approval No. 1 is amended and Condition of Approval No. 37 is
deleted. According to the Rosemead Municipal Code (RMC) Section 17.04.050, a
shopping center is defined as a commercial site with two or more separate businesses
managed as a total entity sharing common access, circulation, signage, and pedestrian
and parking areas, so that a public right-of-way does not need to be used to get from one
business to another in the C-1, C-3, and CBD zones. As defined, Lucky Plaza meets the
definition of a shopping center with 21 separate businesses. A table of the existing
businesses within the shopping center can be found on page 4.
Existing Uses within the Shopping Center
Building A Use Unit Building Area (S.F.)
Sam Woo BBQ Restaurant 4,309
Fotile Star Retail 1,085
J&A Cell Retail 1,140
MJ Noodles Restaurant 1,024
J&C Snack Shop Retail 1,009
Mr. Dragon Noodle House Restaurant 2,086
VS Fashion Retail 1,020
Sweet Lab Restaurant 902
Momoko Beauty Retail 925
Building B Use Unit Building Area (S.F.)
Bay Island Cafe Restaurant 1,852
USA Photo Studio Retail 1,070
AAA Lucky Market Retail 1,000
Hong Kong SW, Inc. Office 950
Bare Effects Beauty Studio Beauty Salon 945
Elite Global Lending, Inc. Office 945
Healthy Body Foot Spa Massage Establishment 1,890
The Vape Site Retail 790
Broadway Kitchenware Retail 707
Nails Nap Beauty Salon 925
Ke Studio Beauty Salon 926
Existing Building Use Unit Building Area (S.F.)
McDonald’s Restaurant Restaurant/Fast Food Use 3,378
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The modification request would not affect the current off-street parking requirements. Per
Rosemead Municipal Code Table 17.112.040.1, a shopping center that has more than
four tenants is parked at a ratio of 1 parking space for every 250 square feet of floor area
if the total combined floor space of all structures on the parcel is up to 100,000 square
feet of floor area. Based on this parking requirement, the shopping center would require
a total of 116 parking spaces. Currently, the shopping center provides a total of 153
parking spaces, which results in a surplus of 37 parking spaces.
Use Total
Building
Area (s.f.)
Parking
Ratio
Required
Parking
Spaces
Provided
Parking Spaces
Surplus Parking
Spaces
Shopping
Center 28,878 1 space/
250 s.f. 116 153 37
Proposed Amendment to Modification 13-01
The following amendments are proposed through this application.
*Strikethrough text shows proposed language to be removed.
“1. Design Review 03-104 (Modification) is approved for the [sic] for the
construction of a 28,000± square foot shopping center in accordance
with the plan marked Exhibit “B” dated June 14, 2005. Modification 13-
01 is approved for 10,000 of restaurant or fast food use and 15,500
square feet of retail or office use in Buildings A and B. Any revisions to
the approved plans and colored elevations must be resubmitted for
review and approval by the Community Development Department.”
“37. Building A and B shall consist of up to 10,000 square feet of
restaurant or fast food use and 15,500 square feet of retail or office use.
Restaurant uses shall open to the outside of the site or towards the
McDonald’s pad and not toward the housing adjacent to the west of the
site. In addition, no less than seventy (70) percent of the restaurant use
allowed by this condition shall be located in Building A. (MODIFIED BY
THE PLANNING COMMISSION ON JUNE 3, 2013)”
As a result of the applicant’s request for this modification and to ensure that the proposed
additional square footage of restaurant or fast food use would not impact trash facilities
within the development, staff is adding a condition of approval requiring that the City’s
trash service provider confirm that the existing trash enclosures can accommodate the
uses within the shopping center.
MUNICIPAL CODE REQUIREMENTS
Rosemead Municipal Code Section 17.28.020(C) provides the criteria by which the
Planning Commission may approve, approve with conditions, or deny an application.
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EXHIBIT “A”
PC RESOLUTION 19-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MODIFICATION 19-01, AMENDING CONDITION OF
APPROVAL NO. 1 AND DELETING CONDITION OF APPROVAL NO. 37,
ALLOWING FOR ADDITIONAL RESTAURANT OR FAST FOOD USE TO
BE ESTABLISHED IN THE SHOPPING CENTER. THE SUBJECT SITE
IS LOCATED AT 8526 VALLEY BOULEVARD, IN THE MEDIUM
COMMERCIAL WITH A DESIGN OVERLAY (C-3/D-O) ZONE.
WHEREAS, on October 7, 2019, Gerard Yang submitted a Modification
Application requesting to amend Modification 13-01, by modifying Condition of Approval
Number 1 and deleting Condition of Approval Number 37, to remove the limitation of
square footage and percentage of restaurant or fast food use within the shopping center;
WHEREAS, 8526 Valley Boulevard is located in the Medium Commercial with a
Design Overlay (C-3/D-O) Zoning District;
WHEREAS, Section 17.120.110(C) of the Rosemead Municipal Code provides the
criteria for authorizing changes to an approved project;
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.28.020(C) of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve, or deny changes to developments or new
uses authorized through a permit granted in compliance with the zoning code;
WHEREAS, on November 21, 2019, 43 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 Modification19-01;
WHEREAS, on December 2, 2019, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Modification
19-01 and amended Condition of Approval No. 1 and deleted Condition of Approval No.
37; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Planning Commission HEREBY DETERMINES that
Modification19-01 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 (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 Modification 19-01, in accordance with Section
17.120.110(C) of the Rosemead Municipal Code as follows:
A. Per Rosemead Municipal Code, Section 17.120.110(C), a proposed change that
does not comply with the criteria identified in subsection B of [RMC Section 17.120.110],
or any other provision of the Zoning Code, may only be approved by the original review
authority for the project through a modification permit application filed and processed in
compliance with [RMC Chapter 17.120].
FINDING: Staff has verified that the proposed modification would be in compliance
with all applicable sections of the Rosemead Zoning Code. The amendments to
Modification 13-01 would reflect the City’s definition of a shopping center. In addition, the
shopping center currently provides a total of 153 parking spaces onsite. Based on this
ratio, the shopping center has a surplus of 37 parking spaces. Furthermore, all applicable
conditions of approval of Modification 13-01 would apply.
SECTION 3. The Planning Commission HEREBY APPROVES Modification19-01,
an amendment to Modification 13-01, amending Condition of Approval No. 1 and deleting
Condition of Approval No. 37 to remove the limitations of restaurant or fast food use within
the Lucky Plaza shopping center located at 8526 Valley Boulevard, 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 December 2, 2019, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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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 2nd day of December, 2019.
________________________________
Nancy Eng, 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 2nd day of
December, 2019 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
Ben Kim, Secretary
APPROVED AS TO FORM:
________________________________
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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December 2, 2019
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ATTACHMENT “A”
(PC RESOLUTION 19-12)
MODIFICATION 19-01
8526 VALLEY BOULEVARD
(APNs: 5371-011-015, 016, & 017)
CONDITIONS OF APPROVAL
DECEMBER 2, 2019
Standard Conditions of Approvals
1. Design Review 03-104 (Modification) is approved for the [sic] for the construction
of a 28,000± square foot shopping center in accordance with the plan marked
Exhibit “B” dated June 14, 2005. Any revisions to the approved plans and colored
elevations must be resubmitted for review and approval by the Community
Development Department.
2. Approval of Design Review 03-104 (Modification) 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 set forth in the
letter of approval and this list of conditions.
3. Design Review 03-104 (Modification) is approved for a period of one (1) year.
Applicant shall make progress towards initiation of proposed use or request an
extension 30 days prior to expiration from the Planning Commission. Otherwise
Design Review 03-104 (Modification) shall become null and void.
4. 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.
5. Prior to the issuance of building permits, all fees payable under State Law shall be
paid.
6. Planning staff shall have access to the subject property at any time during
construction to monitor progress.
7. All roof top appurtenances and equipment shall adequately be screened from view
to the satisfaction of the Planning Department.
8. The numbers of the address signs shall be at least 6" tall with a minimum character
width of 1/4", contrasting in color and easily visible at driver's level from the street.
The location, color and size of such sign shall be subject to the approval of the
Planning Director.
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9. Applicant shall obtain a public works permit for all work in or adjacent to the public
right-of-way.
10. All conditions of Case No.: DESIGN REVIEW 03-104 must be complied with to the
satisfaction of the Director of Planning.
11. A permanent maintenance program of all landscaping shall be provided insuring
regular irrigation, fertilization and weed abatement.
12. Window signage area shall be limited to a maximum of 15% of the window and
door area. Applicant shall remove that signage which exceeds the 15% coverage
area.
13. Signs shall comply with the sign program indicated in this report and that of
Chapter 17.104 of the Rosemead Municipal Code. A uniform signage program
shall be developed and submitted to the Planning Department for review and
approval.
14. The conditions listed on this exhibit shall be copied directly onto any development
plans subsequently submitted to the planning and building departments for review.
15. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected,
and maintained in a clean, safe, and sanitary condition.
16. 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) 307-0463 for assistance.
17. The site shall be maintained in a clean, weed and litter free state in accordance
with Sections 8.32.010-8.32.040 of the Rosemead Municipal Code, which pertains
to the storage, accumulation, collection, and disposal of garbage, rubbish, trash,
and debris. All trash containers shall be stored in the appropriate trash enclosure
at all times.
18. Adequate lighting shall be provided in the vehicle parking area. All exterior lighting
shall be directed away from adjacent properties and shielded on all sides.
19. The parking area, including handicapped spaces, shall be paved and re-painted
periodically to City standards to the satisfaction of the Planning Department. In
accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated
parking venues shall be striped. Such striping shall be maintained in a clear,
visible, and orderly manner.
20. Pursuant to California Vehicle Code Section 22261.8, at least two (2) percent of
the required parking stalls shall be designated for handicap space. A letter by the
property owner shall be given to the city authorizing enforcement.
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21. The parking space markers—including double striping, wheel stops, and
handicapped--shall be repainted periodically to city standards and to the
satisfaction of the planning department.
22. The applicant shall keep the electrical and mechanical equipment and/or
emergency exits free of any debris, storage, furniture, etc and maintain a minimum
clearance of five (5) feet.
23. Any changes to the condition of operation listed in this Exhibit “A” must be first
approved by the Planning Commission through a modification application.
24. The Planning Department staff shall conduct periodic inspections during the
construction process of this proposed development.
25. A landscape and irrigation plan shall be submitted to the Planning Department prior
to issuance of Building Permits. The landscape/ irrigation plan shall include an
automatic sprinkler system and moisture sensors.
26. All existing structures on the site shall be demolished within ninety (90) days of this
approval.
27. Prior to construction commencing, the contractor shall schedule a pre-
development meeting with the Planning Department staff to review the conditions
of approval and construction plans.
28. The exterior wall areas of the raised center elements shall have a smooth plaster
finish, with the remaining stucco wall areas to match the sand finish of the existing
McDonalds Restaurant.
29. Cornice details on all six (6) towers shall be removed and replaced with decorative
cut exposed rafter tails, with a minimum 24” eave overhang.
30. All wall surface areas on all six (6) towers must be covered with stone veneer
including all columns at the base of the towers.
31. Two (2) additional trash enclosures shall be provided on the site; one (1) on the
south end of the parking lot and one (1) on the west end of the parking lot.
32. The trash enclosures must have a solid roof top. The trash enclosure shall
have opaque steel self-closing and self-latching doors. The trash area must
be maintained and the opaque doors shall be closed at all times.
33. If it is found that the property owner does not own the underlying ground, an
ingress/egress covenant shall be recorded between the developer and the Los
Angeles County Flood Control District that grants the developer a long-term lease
to construct a parking lot for the proposed development over the Rubio Wash.
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34. Each driveway entrance shall be paved with stamped, colored concrete to match
existing driveway entrances to the McDonald’s development.
35. A reciprocal ingress/egress/parking covenant shall be recorded between all
parcels that requires the development provide parking spaces for the McDonald’s
site for the live of the development.
36. The applicant must obtain a Building Permit from the County of Los Angeles for
the construction of a parking lot over the Rubio Wash.
37. Violation of the conditions of approval may result in citation and/or the initiation of
revocation proceedings.
38. Screening shall be provided on the entire west property line in the form of a 3’-0”
split face block wall if the shrubbery is not dense enough to prevent light from
spilling over into the adjacent lots. If required to provide additional screening and
the owners of the adjacent lots are willing to provide access, therefore, additional
shrubbery shall be provided to the satisfaction of Planning Division staff.
(MODIFIED BY THE PLANNING COMMISSION ON JUNE 3, 2013)
39. Modification 13-01 is granted or approved with the City, 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 Modification 13-01.
40. The applicant shall work with the City’s trash service provider to ensure that the
existing trash enclosures can accommodate additional restaurant or fast food use
within the shopping center. Should additional trash facilities be required, the
applicant shall work with the City to meet the requirements.
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EXHIBIT “F”
SUBJECT SITE