PC - 2016-21 - Denying Modification 16-02 to eliminate Condition of Approval No. 59 for Development Agreement 04-01, Tentative Parcel Map No. 26827, and CUPs 02-882 and 03-939. The subject site is 1827 Walnut Grove Ave in a C-3 Zone.PC RESOLUTION 16-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
DENYING MODIFICATION 16-02 TO ELIMINATE CONDITION OF
APPROVAL NUMBER 59 FROM THE CONDITIONS OF APPROVAL
FOR DEVELOPMENT AGREEMENT 04-01, TENTATIVE PARCEL MAP
26827, AND CONDITIONAL USE PERMITS 02-882 AND 03-939. THE
SUBJECT SITE IS LOCATED AT 1827 WALNUT GROVE AVENUE IN A
C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5279-033-001).
WHEREAS, on November 23, 2016, the City of Rosemead initiated Modification
16-02 to modify the conditions of approval for Tentative Parcel Map 26827 and
Conditional Use Permits 02-882 and 03-939. The modification would eliminate Condition
of Approval Number 59, which currently requires the annual Planning Commission review
of Walmart's compliance with the conditions of approval; and
WHEREAS, 1827 Walnut Grove Avenue is located in the C-3 (Medium
Commercial) zone; and
WHEREAS, Rosemead Municipal Code Section 17.120.110(C) sets regulations
on changes approved by original review authority. A proposed change may only be
approved by the original review authority for the project through a modification permit
application filed and processed. While the City Council ultimately approved the Walmart
project, the Planning Commission was the original review authority and Condition of
Approval Number 37 requires the Commission to approve changes to the conditions of
approval; and
WHEREAS, on December 8, 2016, one hundred sixty-nine (169) 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 Modification 16-02; and
WHEREAS, on December 19, 2016, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Modification
16-02; 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 FINDS AND DETERMINES that
facts do exist to justify denying Modification 16-02 according the criteria of Section
17.120.110(C) of the Rosemead Municipal Code as follows:
FINDING: After carefully reviewing City Council Resolution 2004-38, Walmart
Conditions of Approval, and hearing all oral and written testimony relative to Modification
16-02, the Planning Commission determines it is necessary to conduct an annual review
of Walmart's operation to insure it is complying with all conditions of approval. Therefore,
the Planning Commission is denying the request to eliminate Condition of Approval
Number 59, which currently required the annual Planning Commission review of
Walmart's compliance with the conditions of approval.
SECTION 2. 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 Article
IX — Planning and Zoning of the Rosemead Municipal Code.
SECTION 3. This resolution is the result of an action taken by the Planning
Commission on February 6, 2017, by the following vote:
AYES:
DANG, ENG, HERRERA, AND LOPEZ
NOES:
NONE
ABSTAIN:
TANG
ABSENT:
NONE
SECTION 4. 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 6th day of February, 2017.
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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 6t" day of
February, 2017, by the following vote:
AYES:
DANG, ENG, HERRERA, AND LOPEZ
NOES:
NONE
ABSTAIN:
TANG
ABSENT:
NONE
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APPROVED AS T FORlt���
Plan ng Commission Attorney
Burke, Williams & Sorensen, LLP
NOTE: This Planning Commission Resolution 16-21 was initially presented and adopted
to deny Modification 16-02 by the Planning Commission on February 6, 2017. The original
PC Resolution 16-21 was never signed. For the record, PC Resolution 16-21 was
executed on October 27, 2021.
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