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CC - Item 2B - Conditional Use Permit 07-1101• • ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER DATE: NOVEMBER 20, 2007 SUBJECT: GENERAL PLAN AMENDMENT 07-04, ZONE CHANGE 07-227, DESIGN REVIEW 07-146 AND CONDITIONAL USE PERMIT 07-1101 LOCATED AT 9800-9804 VALLEY BOULEVARD SUMMARY Mr. Leo Wu has submitted applications for a General Plan Amendment, Zone Change, Conditional Use Permit and Design Review for approval of a 6,226 square-foot retail/office building on three adjoining parcels. Two of the three parcels fronting Valley Blvd are currently zoned C-3D (Medium Commercial with a Design Overlay) and designated "Commercial" by the City's General Plan. The third parcel lies to the south of the subject property, currently zoned R-1 (Single Family Residential zone) and is designated "Low Density Residential" by the General Plan. Staff Recommendation Staff recommends that the City Council ADOPT Ordinance No. 857, thereby APPROVING General Plan Amendment 07-04, Zone Change 07-227, Conditional Use Permit 07-1101, and Design Review 07-146, subject to the attached conditions. ANALYSIS The subject site is located at the southeast corner of Valley Boulevard and Strang Avenue at the City's easterly boundary. The property is currently improved with several structures, including a single family residence and accessory structures that were constructed in 1942. The commercial facilities located at 9800 Valley Boulevard were constructed in 1944 and consist of an auto repair facility that has been in business since the 1970's. All structures on the property will be demolished in preparation for the new development. Although all three subject parcels are under the same ownership, the zoning and the general plan designations split the property in half, thus making it infeasible to develop with one single land use. Two of the parcels are designated for commercial, while the third parcel is designated for residential use. Additionally, the third irregularly-shaped parcel is zoned R-1 and does not meet current development standards. Amending the general plan and the zoning designations to give this property potential for adaptive commercial development is beneficial to the City and to the neighborhood. APPROVED FOR CITY COUNCIL AGENDA: 0 • • City Council Meeting November 20, 2007 Page 2 of 2 The Zone Change request is to change the zoning designation of the irregularly-shaped southern parcel from R-1 (Single Family Residential zone) to C-3D (Medium Commercial zone with Design Overlay). The General Plan Amendment request is to change the land use designation of the southern parcel from Low Density Residential to Commercial to accommodate all three parcels under one land use designation. Pursuant to the Zoning Ordinance, a Conditional Use Permit is required because the proposed development is defined as a "mini-mall". The subject site lies within a Design Overlay. Therefore, design review of the site plan, floor plan, building elevations, and landscaping is required to assure an orderly project that harmonizes with the surrounding neighborhood. On September 17, 2007, the Planning Commission held a duly noticed public hearing. After hearing all testimonies from the applicant and the public, the Commission unanimously voted to recommend approval to the City Council. Prepar d ,b Matt Everling City Planner Su Itt d by: I aeki A ' ant City Manager Attachment A: Ordinance 857 Attachment B: Planning Commission Application Package (Planning Commission Staff Report of September 17, 2007, Amended Conditions of Approval, and Planning Commission Minutes of September 17, 2007) 0 0 Ordinance No. 857 General Plan Amendment 07-04 Zone Change 07-227 Design Review 07-146 Conditional Use Permit 07-1101 Page 1 of 6 ORDINANCE NO. 857 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING ZONE CHANGE 07-227, AMENDING A PORTION OF THE ROSEMEAD ZONING MAP FROM R-1 "SINGLE FAMILY RESIDENTIAL" TO "C-31)" MEDIUM COMMERCIAL WITH DESIGN OVERLAY", AND GENERAL PLAN AMENDMENT 07-04 AMENDING A PORTION OF THE CITY OF ROSEMEAD GENERAL PLAN MAP FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL FOR THE DEVELOPMENT OF A MINI-MALL CONSISTING OF 6,226 SQUARE FEET OF OFFICE AND RETAIL SPACE. THE SUBJECT PROPERTY IS LOCATED AT 9800-9804 VALLEY BLVD AND IS COMMONLY KNOWN AS (APNs: 8578-001-003, 037 & 038) WHEREAS, on May 30, 2007, Leo Wu of 67 E. Live Oak #201 Arcadia CA, 91006 filed an application requesting a Zone Change from Single Family Residential to Medium Commercial with Design Overly and a General Plan Amendment application from Low Density Residential to Commercial on a property located at 9800-9804 Valley Blvd (APN 8578-001-003); and WHEREAS, the City of Rosemead has an adopted General Plan, Zoning Ordinance, and associated maps. including specific development standards to control development; and WHEREAS, approval of Zone Change 07-227 would designate the subject property as C-31) "Medium Commercial with Design Overlay" allowing commercial types of development on the subject property such as retail and office uses; and WHEREAS, State Planning and Zoning Law, Title 17 and Chapter 17.116 of the Rosemead Municipal Code authorize and set standards for approval of zone change applications and governs development of private properties; and WHEREAS, Sections 17.116.010 of the City of Rosemead Municipal Code authorize the City Council to approve zone change applications whenever the public necessity, convenience, general welfare or good zoning practices justify such action; and WHEREAS, Section 65350 of the California Government Code authorizes the City's governing body such as the City Council to approve General Plan Amendment applications through public hearings and any other means the City deems appropriate; and ATTACHMENT A 0 0 Ordinance No. 857 General Plan Amendment 07-04 Zone Change 07-227 Design Review 07-146 Conditional Use Permit 07-1101 Page 2 qf6 WHEREAS, City of Rosemead policy encourages consistency of its Zoning Code with the General Plan and promotes separation of conflicting land uses through good planning practices; and WHEREAS, on September 17, 2007. the City of Rosemead Planning Commission considered General Plan Amendment 07-04, Zone Change 07-227, Design Review 07-146 and Conditional Use Permit 07-1101 for the proposed 6,226 square-foot mini mall and recommended approval to the City Council after the commission made findings that the proposed General Plan Amendment and Zone Changes are exempt from CEQA and no potential significant environmental impacts are anticipated from this project, and WHEREAS, on September 6, 2007, notices were posted in several public locations and mailed to property owners within a 300-foot radius from the subject property specifying the public comment period and the time and place for a public hearing pursuant to California Government Code Section 65091(a)(3); and WHEREAS, on September 17, 2007, the Planning Commission held a public hearing to receive testimony and after hearing all testimonies from the public and the applicant, the Commission unanimously recommended approval to the City Council of General Plan Amendment 07-04, Zone Change 07-227, Design Review 07-146 and Conditional Use Permit 07-1101; and WHEREAS, on October 15, 2007 the Planning Commission adopted Planning Commission Resolution 07-48, thereby recommending approval to the City Council of General Plan Amendment 07-04, Zone Change 07-227, and Conditional Use Permit 07-1101 and Design Review 07-146, and WHEREAS, on November 20, 2007 the City Council of the City of Rosemead held a public hearing to receive public testimony relative to General Plan Amendment 07-04, Zone Change 07- 227, Conditional Use Permit 07-1101 and Design Review 07-146; and WHEREAS, the City Council has sufficiently considered all testimony presented to them and hereby make the following determination: NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Rosemead as follows: Section 1. Pursuant to the City of Rosemead's CEQA Procedures and CEQA Guidelines, it has been determined that the adoption of this ordinance will not have potential significant environmental impacts. This conclusion is based upon the Lead Agency's determination that this project is categorically exempt from environmental review pursuant to Section 15303(c) of the California Environmental Quality Act and comments received during the public review period. Therefore, a Notice of Exemption has been prepared according to CEQA guidelines. • • Ordinance No. 857 General Plan Amendment 07-01 Zone Change 07-227 Design Review 07-146 Conditional Use Permit 07-1101 Page 3 of '6 The City Council. having final approval authority over this project, has reviewed and considered all comments received during the public review prior to the approval of this project. Furthermore, the City Council has exercised its own discretionary and independent judgment in reaching the above conclusion. The City Council, therefore. hereby approves the Notice of Exemption. Pursuant to Title XIV, California Code of Regulations, Section 753.5(v)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have potential adverse effects on wildlife resources or the habitat upon which the wildlife depends. Furthermore, on the basis of substantial evidence, the City Council hereby finds any presumption of adverse impact has been adequately rebutted. Therefore, pursuant to Fish and Game Code Section 711.2 and Title XIV, California Code of Regulations, Section 735.5(a)(3), the City Council finds that the project has a de minimis impact on Fish and Game resources. Section 2. The City Council of the City of Rosemead HEREBY FINDS, DETERMINES AND DECLARES that placing the subject property in the "Commercial" General Plan designation and C-313 "Medium Commercial with Design Overlay" zone will provide an improved level of planning and protection to the quality and character of the area where the development is proposed. Section 3. The City Council FURTHER FINDS that General Plan Amendment 07-04 and Zone Change 07-227 meet the City's goals and objectives as follows: A. Land Use: General Plan Amendment 07-04 and Zone Change 07-227consist of amending the General Plan land use designation for a property known as APN 8578-001-003 from "Low Density Residential" to "Commercial" and change the existing zone from R-1 (Single Family Residential) zone to C-3D (Medium Commercial with Design Overlay) zone. This amendment will allow the proposed commercial development to be agglomerated in one consistent General Plan designation and within one consistent zone. Agglomeration of the proposed commercial use in one zone at the strategic intersection of Valley Blvd and Strang Avenue is consistent with General Plan Policy 2.1 that encourages, through zoning and less restrictive land use controls, agglomeration of commercial activities in small commercial centers located at strategic intersections. B. Circulation: This development is located on Valley Boulevard and Strang Avenue. Primary access to the proposed retail/office facility will be via Strang Avenue. No new driveway is proposed off of Valley Boulevard. Without the addition of new driveways on Valley Blvd, free flow of vehicular traffic will be maintained along Valley Blvd. C. Housing: Although a portion of the subject site is currently zoned R-I "Single Family Residential", the proposed zone change and General Plan Amendment will not deplete • • Ordinance No. 857 General Plan Amendment 07-04 Zone Change 07-227 Design Review 07-146 Conditional Use Permit 07-1101 Page 4 of 6 substantial available land for residential housing. The proposed General Plan Amendment and Zone Change will affect the southerly parcel which cannot feasibly be developed with residential uses because of its irregular shape, and does not meet current minimum R-1 development standards. Existing housing on the lot is surrounded by commercial uses and is dilapidated. Therefore, the zone change and general plan amendment will not remove potential land for single family residential development from the area. D. Resource Management: The proposed mini-mall development will provide high quality landscaping on-site and will not affect any natural resources in the area. E. Noise: This development will not generate any significant noise levels for the surrounding area. The site will be razed and a new 6-foot tall decorative CMU block wall will be constructed along the south property line to protect the residential uses on the south side of the subject property from residual commercial noise impacts and vehicular noise impacts. Public Safety: The Fire and Sheriff Departments have reviewed the proposed plans. The site is not located in any special study zones. The entire City of Rosemead is free from any flood hazard designations. G. CEQA Compliance: The City as a "Lead Agency" has determined that this project is exempt from the California Environmental Quality Act (CEQA) Section 15303(c), and a Notice of Exemption has been prepared pursuant to CEQA guidelines. Section 4. The City Council HEREBY APPROVES General Plan Amendment 07-04, amending a portion of Rosemead General Plan Land Use Map from "Low Density Residential" to "Commercial", Zone Change 07-227 changing a portion of Rosemead Zoning Map from R-1; "Single Family Residential" to C-31); "Medium Commercial with Design Overlay", Design Review 07-146 approving architectural design of the project, and Conditional Use Permit 07-1101 for development of a mini-mall totaling 6,226 square feet of retail/office space to be located at 9800- 9804 Valley Blvd. Section 5. If any section, subsection, sentence, clause or word of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rosemead HEREBY DECLARES that it would have passed and adopted Ordinance No. 857, and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. • • Ordinance No. 857 General Plan Amendment 07-04 Zone Change 07-227 Design Review 07-146 Conditional Use Permit 07-1101 Page 5 of 6 Section 6. The City Clerk shall certify to the passage of this Ordinance. PASSED AND APPROVED, this 20th day of November, 2007. JOHN TRAN, Mayor ATTEST: Kamal Bhate, Acting City Clerk • Ordinance No. 857 General Plan Amendment 07-04 Zone Change 07-227 Design Review 07-146 Conditional Use Permit 07-1101 Page 6 of 6 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF ROSEMEAD ) • I Kamal Bhate, Acting City Clerk of the City of Rosemead, do hereby certify that the foregoing Ordinance No. 857 being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING GENERAL PLAN AMENDMENT 07-04 AMENDING A PORTION OF ROSEMEAD GENERAL PLAN LAND USE MAP FROM "LOW DENSITY RESIDENTIAL" TO "COMMERCIAL" AND AMENDING A PORTION OF ROSEMEAD ZONING MAP FROM R-I"SINGLE FAMILY RESIDENTIAL" TO C- 3D; "MEDIUM COMMERCIAL WITH DESIGN OVERLAY", DESIGN REVIEW 07-146, AND CONDITIONAL USE PERMIT 07- 1101 FOR THE DEVELOPMENT OF A MINI-MALL LOCATED AT 9800-9804 VALLEY BLVD. Ordinance 857 was duly introduced and placed upon first reading at a regular meeting of the City Council on the 20th day of November, 2007, and that thereafter, said Ordinance was duly adopted and passed, by the following vote, to wit: AYES: JOHN TRAN, JOHN NUNEZ, MARGARET CLARK, POLLY LOW, GARY TAYLOR. NOES: NONE ABSTAIN: NONE ABSENT: NONE Kamal Bhate, Acting City Clerk • ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: SEPTEMBER 17, 2007 SUBJECT: GENERAL PLAN AMENDMENT 07-04, ZONE CHANGE 07-227, CONDITIONAL USE PERMIT 07-1101, AND DESIGN REVIEW 07-146 9800 & 9804 VALLEY BLVD. AND 3852 STRANG AVE., ALONG WITH A PORTION OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT'S EATON WASH Project Description Leo Wu has submitted applications for a General Plan Amendment, Zone Change, Conditional Use Permit, and Design Review for a 6,226 square-foot proposed retail/office building affecting three adjoining parcels. Two of the three parcels contain frontage along Valley Blvd. and are zoned C-3D (Medium Commercial with a Design Overlay) with a Commercial General Plan Land Use designation. The third parcel lies to the south and is zoned R-1 (Single Family Residential). The Zone Change request is to change the zoning designation of the southern parcel from R-1 to C-3D. The General Plan Amendment request is to change the land use designation of the southern parcel from Low Density Residential to Commercial. A Conditional Use Permit is required because the proposed development is defined as a "mini-mall" under the Zoning Ordinance, and is subject to specific development standards. Environmental Analysis Section 15303(c) of the California Environmental Quality Act (CEQA) and local environmental guidelines categorically exempts this project from further environmental analysis because this project consists of a retail/office structure not exceeding 10,000 square feet of floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. No variances or exceptions are required. Accordingly, the project is classified as a Class 3 Categorical Exemption. ATTACHMENT B Planning Commission Meeting • September 17, 2007 Page 2 of 8 Municipal Code Requirements Zone Change - Chapter 17.116 of the Rosemead Municipal Code sets forth the procedures and requirements for zone changes and amendments. A zone change may be permitted whenever the public necessity, convenience, general welfare or good zoning practice justifies such action. A zone change must be found consistent with the Rosemead General Plan. Conditional Use Permit - Section 17.112.020.2 of the Rosemead Municipal Code (RMC) allows mini-malls upon the granting of a Conditional Use Permit (CUP). • Section 17.112.010 sets the following criteria that must be met: • That the Conditional Use Permit applied for is authorized by the provisions of this title; and • That the granting of such Conditional Use Permit will not adversely affect the established character of the surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located; and • That the establishment, maintenance or conduct of the use for which the Conditional Use Permit is sought will not, under the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood; and • That the granting of such Conditional Use Permit will not adversely affect the General Plan of the City. Staff Recommendation Staff recommends that the Planning Commission RECOMMEND APPROVAL to the City Council of General Plan Amendment 07-04, Zone Change 07-227, Conditional Use Permit 07-1101, and Design Review 07-146, subject to the conditions outlined in Exhibit "A." ANALYSIS PROPERTY HISTORY & DESCRIPTION The subject site is located at the southeast corner of Valley Boulevard and Strang Avenue. The single family home and associated garage structures located at 3852 Strang Avenue were constructed in 1942. The structures located at 9800 Valley Boulevard were constructed in 1944 and currently consist of an auto repair facility that has been in business since the 1970's. All structures on all three properties will be demolished in preparation for the new development. • • Planning Commission Meeting September 17, 2007 Page 3 of 8 Site & Surrounding Land Uses The project consists of three adjoining parcels. Two of the three parcels contain frontage along Valley Blvd. and are zoned C-3D (Medium Commercial with a Design Overlay) with a Commercial General Plan Land Use designation. The third parcel lies to the south and is zoned R-1 (Single Family Residential). The Zone Change request is to change the zoning designation of the southern parcel from R-1 to C-31D. The General Plan Amendment request is to change the land use designation of the southern parcel from Low Density Residential to Commercial. The sites are surrounded by the following land uses: North: General Plan: Commercial Zoning: C-3d (Medium Commercial with Design Overlay) Land Use: Commercial South: General Plan: Low Density Residential Zoning: R-1 (Single Family Residential) Land Use: Single Family residential East: General Plan: Los Angeles County Flood Control District Zoning: Los Angeles County Flood Control District Land Use: Los Angeles County Flood Control District West: General Plan: Commercial & Low Density Residential Zoning: C-3D (Medium Commercial with Design Overlay) & R-1 (Single Family Residential) Land Use: Commercial & Single Family residential ADMINISTRATIVE COMMENTS AND ANALYSIS Site Plan These properties are unique in the fact that they abut the existing Los Angeles Flood Control District's (LAFCD) Eaton Wash to the east. The LAFCD owns rights to a 25-foot wide access easement which traverses along a portion of each property adjacent to the wash. The proposed development will encroach 9 feet into the easement along the entire eastern boundary line and will consist of a row of parking spaces along with a minimum 5-foot wide landscape buffer. The proposed two-story building will not encroach into the easement. In addition, this encroachment will not interfere with the 16-foot wide maintenance road that the LAFCD uses to access the wash via Valley Blvd. • • Planning Commission Meeting September 17, 2007 Page 4 of 8 Primary access to the retail/office facility will be via Strang Avenue. No driveway is proposed off of Valley Blvd. The 1St floor of the two story structure will comprise of two adjacent retail tenant suites that will face Valley Blvd. However, these suites do not meet the minimum size or width requirements. The Zoning Ordinance requires that a commercial tenant space must have a minimum width of 25 feet and consist of at least 1,000 square feet. The proposed floor plan illustrates two suites that do not meet either requirement. Staff has added a condition requiring that the two retail spaces be combined into one space that will comply with the Zoning Ordinance. The project requires a total of 25 on-site parking spaces, and the applicant is proposing the same. The majority of the surface lot parking spaces will be covered by the 2nd floor. Access to the 2nd floor is via stairs or an elevator which leads to three large office suites. The applicant has created a significant perimeter landscape tract around the site and has exceeded the minimum parking lot landscaping requirements. The Zoning Ordinance requires a 3-foot tall decorative parking lot screen wall to buffer parking spaces that lie adjacent to the street. Staff has added a condition requiring a revised landscape plan illustrating the required decorative screen walls adjacent to Strang Avenue. All parking lot lights will be fully shielded to mitigate glare on adjacent residences to the south and west. A single trash enclosure will serve the site that has been designed to comply with City requirements. Elevations The architecture consists of a contemporary vernacular with elements such as stucco, vertical reveals, marble tile, and decorative pop-outs, along with a thick cornice that anchors the building to the site. The street-facing elevations provide both vertical and horizontal articulation by employing various parapet wall heights and by pushing the taller portions of the facade back from the street. The focal point of the building is a circular element that rises above the remaining portions of the structure that creates balance and proportional massing for the corner. Columns along the street frontages aide in recessing the storefront windows and the entry doors for the street-level retail suites. These columns create shadow lines and add interest to the elevations. An existing single family residence lies to the south of the proposed project. Staff has worked with the applicant in meeting the City's variable height requirement by revising the south elevation through stepping the building back. 0 0 Planning Commission Meeting September 17, 2007 Paae 5 of 8 Property Improvements It is staff's understanding that the entire site will be razed and that a new 6-foot tall decorative CMU block wall will be constructed along the south property line adjacent to the existing single family residence. PUBLIC NOTICE PROCESS On September 6, 2007 written notices of owners within 300 feet of the subject designated public places and filed with the this public hearing were mailed to property >ite and eight (8) notices were posted in Los Angeles County Clerk. Prepared by: Matt Everlln Senior Planner Sub 'tt d by, B%a Saeki Assistant City Manager Attachments: A. Conditions of Approval B. Site/Floor/Elevation Plans C. Assessor's Parcel Maps D. Zoning Map E. General Plan Map F. Applications dated, May 30, 2007 GAPlanning\PC ReponS\ZC\ZC 07-227, GPA 07-04, CUP 07-1101, DR 07-146, Commercial office bldg.doc • E EXHIBIT "A" GENERAL PLAN AMENDMENT 07-04, ZONE CHANGE 07-227, CONDITIONAL USE PERMIT 07-1101, AND DESIGN REVIEW 07-146 Commercial Office Building 9800 Valley Blvd. (APN's: 8578-001-003, 037, 038) CONDITIONS OF APPROVAL September 17, 2007 General Plan Amendment 07-04, Zone Change 07-227, Conditional Use Permit 07- 1101, and Design Review 07-146 are approved for the construction of a 6,226 square-foot two story commercial office building located at 9800 Valley Blvd. The project shall be developed in accordance with the plan marked Exhibit "B," dated May 30, 2007 and submitted colored elevations and color and material sample boards. Any revision to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of General Plan Amendment 07-04, Zone Change 07-227, Conditional Use Permit 07-1101, and Design Review 07-146 shall not take effect for any purpose until the applicant has filed with the City of Rosemead an affidavit stating that they are aware of and accept all of the conditions set forth in the letter of approval and this list of conditions. 3. General Plan Amendment 07-04, Zone Change 07-227, Conditional Use Permit 07- 1101, and Design Review 07-146 are approved for a two-year period. Applicant shall make progress towards initiation of proposed use or request an extension 30 days prior to expiration from the Planning Commission. Otherwise General Plan Amendment 07-04, Zone Change 07-227, Conditional Use Permit 07-1101, and Design Review 07-146 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. Planning staff shall have access to the subject property at any time during construction to monitor progress. 6. The conditions listed on this Exhibit "A" shall be copied directly onto development plans submitted to the Planning and Building Departments for review. 7. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 8. There shall be no outside storage of vehicles, vehicle parts, equipment, or trailers All trash and debris shall be contained within a trash enclosure. 9. All trash, rubbish and garbage receptacles shall be regularly cleaned, and inspected and maintained in a clean, safe and sanitary condition. 10. The site shall be maintained in a clean, weed, litter free state in accordance with Sections 8.32.010, .020, 030, and .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. Any new litter and graffiti shall be removed within twenty-four (24) hours. A 24-hour Graffiti Hotline can be called at (626) 307-0463 for assistance. 11.The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of '/4 inches, 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. 12.The parking area, including handicapped spaces, shall be paved and re-painted periodically to City standards to the satisfaction of the Planning Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking venues hall be striped. Such striping shall be maintained in a clear, visible, and orderly manner. 13. Pursuant to California Vehicle Code Section 22511.8, at least two (2) percent of the required parking stalls shall be designated for handicapped space. A letter by the property owner shall be given to the City authorizing enforcement. 14. The parking space markers, including double striping, wheel stops, and handicapped, shall be re-painted periodically to City standards and to the satisfaction of the Planning Division. 15. 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. 16. All open area not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 17. The property shall comply with all appropriate building, fire and health department regulations. 18. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Division. 19.There shall be no mechanical equipment located on the sides of the building. All mechanical equipment shall be adequately screened to the satisfaction of the 0 0 Planning Director. 20. The developer shall comply with the City's storm water ordinance and Los Angeles County's SUSMP requirements with respect to planning and development of the site. 21. During site grading, the site shall be watered at least twice a day to reduce fugitive dust and shall meet all applicable requirements and shall ensure consistency with AQMD rules and regulations. 22. Construction vehicle speeds shall be limited to a maximum of 15 miles per hour. 23. Prior to the issuance of any sign permit, the applicant shall submit a Master Sign Program to the Planning Division for review and approval. 24. The applicant shall submit a final landscape and irrigation plan to the Planning Division prior to the issuance of building permits. The landscape and irrigation plan shall include a sprinkler system with automatic timers and moisture sensors. The new planting materials shall include a combination of colorful and drought tolerant 24" box trees, shrubs, and low growing flowers. In addition, the revised landscape plan shall illustrate the locations of all required 3-foot tall decorative parking lot screen walls adjacent to Strang Avenue. 25. The applicant shall submit a revised floor plan showing that the two commercial suites have been combined into one suite consisting of a minimum width of 25 feet and a minimum of 1,000 square feet of gross floor area. 26. A permanent maintenance program of all landscaping shall be provided to Planning Division insuring regular irrigation, fertilization and weed abatement. 27. The block wall along the south property line shall be installed to physically separate existing residential and proposed commercial uses. 28. Violation of the conditions of approval may result in citation and/or initiation of revocation proceedings. 29. Prior to the issuance of building permits, the applicant shall submit a lot line adjustment application to the Planning Division to consolidate all subject parcels into one parcel. 30. Planning Commission and City Council hereby authorizes the Planning Division to make or approve minor modifications to approved plans. • n CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES September 17, 2007 CALL TO ORDER: The regular meeting of the City of Rosemead Planning Commission was called to order by Chairman Lopez at 7:00 p.m. in the Council Chambers of the Rosemead City Hall at 8838 East Valley Boulevard, Rosemead. Vice-Chairman Kunioka led the Pledge of Allegiance. Commissioner Bevington delivered the invocation. ROLL CALL: PRESENT: Chairman Lopez, Vice-Chairman Kunioka, Commissioners Bevington, Cam, and Vuu ABSENT: None EX OFFICIO: Agaba, Trinh, and Yin EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS: Attorney Yin explained the public hearing process and the right to appeal Planning Commission decisions to the City Council. 2. PUBLIC COMMENTS: Chairman Lopez asked if anyone would like to speak on any items not on the agenda, to step forward. Mr. Jim Flournoy of 8655 Landis View, a resident, stated he's not sure if the Planning Commission knows that Councilman Gary Taylor has appealed the Garvey School District/ELAC project. He said he thinks the Planning Commission did a great job at making their decision. He also said he wanted them to know they were very fair. He said the Walmart Super Center is up for a one year review in September. He also said he passed out some items of things that should be reviewed, such as seismic and cart issues. He then suggested that the Planning Commissioners schedule a field trip and take pictures. 3. PUBLIC HEARINGS: A. Conditional Use Permit 06-1077 (Extension) - 2440 Pine Street. Victor Aguilar has submitted a request for an extension for a previously approved application to allow a new two-story addition to an existing single-family residence which will result in approximately 2,866 square feet of living area, located at 2440 Pine Street in the R-2 (Light Multi-Family Residential) zone. Rosemead Planning Commission Meeting: September 17, 2007 Page 1 of 12 0 0 Presentation: Senior Planner George Agaba Staff Recommendation: APPROVE - subject to the conditions, for six (6) months. Senior Planner Agaba stated the applicant was present and asked the Commissioners if they have any questions. Chairman Lopez opened the public hearing to those IN FAVOR of this application: Mr. Victor Aguilar of 2440 Pine Street, the applicant, stated his family wishes to extend this project. He said his mom has recently passed away and he hopes the Planning Commission will approve the extension of this project. Mr. Flournoy said he supports this approval. He also said staff needs to let people know that they must submit plans with new building codes. He said there should be a cutoff time and staff should notify applicants somewhere down the line. Chairman Lopez questioned if there is a cutoff time for people submitting applications. Senior Planner Agaba said as far as Planning, no, but he'll check with the Building Division. Chairman Lopez agreed. Senior Planner Agaba said he will double check with the Building Division on the cutoff date. Chairman Lopez opened the public hearing to those who wished to OPPOSE the application: None. Chairman Lopez closed the public hearing to the public and opened the public hearing to the Commissioners. Commissioner Bevington said Mr. Flournoy raised a great question. He wanted to know if a condition can be added to make sure that the new building codes do not override their approval. Chairman Lopez agreed. He said as he recalls, old projects are grandfathered into new amendments. Commissioner Bevington questioned if any change is needed to be updated, or if it's okay the way that it is. Senior Planner Agaba said it was deemed complete prior to the adoption of the new ordinance, so it is grandfathered in. Rosemead Planning Commission Meeting. September 17, 2007 Page 2 of 12 0 0 There being no one further wishing to address the Commission; Chairman Lopez closed the public hearing segment for this project. MOTION BY COMMISSIONER BEVINGTON, SECONDED BY COMMISSIONER VUU, to APPROVE CONDITIONAL USE PERMIT 06-1077 (EXTENSION). Vote results: YES: BEVINGTON, CAM, KUNIOKA, LOPEZ, AND VUU NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered B. CONDITIONA L USE PERMIT 07-1106 - 8921 Valley Boulevard. Kevin Imamoto of Que's Bar and Grill has submitted an application for a Conditional Use Permit requesting approval for the transfer of an existing On-Sale General Public Premises (Type 48) ABC license. The subject site is located at 8921 Valley Boulevard, in the CBD-D (Central Business District with a Design Overlay) zone. Presentation: Senior Planner George Agaba Staff Recommendation: APPROVE - subject to the conditions, for six (6) months. Senior Planner Agaba stated the applicant was present and asked the Commissioners if they have any questions. Chairman Lopez opened the public hearing to those IN FAVOR of this application None. Chairman Lopez opened the public hearing to those who wished to OPPOSE the application: None. Chairman Lopez closed the public hearing to the public and opened the public hearing to the Commissioners. Commissioner Bevington stated he has visited the site and he doesn't think it meets the City's current code requirements for access. He questioned what the minimum code requirement for access is. Senior Planner Agaba stated the minimum requirement is 10 feet. Commissioner Bevington said the access for this driveway is 9.92 feet. Rosemead Planning Commission Meeting: September 17, 2007 Page 3 of 12 0 0 C George said the issue is that it's an existing driveway and an existing use. He added, from the circulation standpoint, the adjacent properties to the west and east are normally closed by 6 or 7pm. He said the driveways of some of the uses along Valley Boulevard are 6-7 feet substandard. Commissioner Bevington said if code requirement is 10 feet minimum, he has no objection. He said he just thought it was 12 feet. Vice-Chairman Kunioka referred to Exhibit B and questioned if the applicant has a reciprocal agreement to use the parking spaces adjacent to this property. From the audience, Mr. Kevin Imamoto, the applicant, stated yes. He said they have permission to use the upper spaces as well. Vice-Chairman Kunioka said he just wanted clarification. He said although people park on Valley Boulevard, they aren't entitled to street parking. Mr. Imamoto stated yes. Vice-Chairman Kunioka made a motion to approve. He said although there is over concentration, it's a transfer of an ABC license and there hasn't been any service calls from the Sheriffs Department. There being no one further wishing to address the Commission; Chairman Lopez closed the public hearing segment for this project. MOTION BY VICE-CHAIRMAN KUNIOKA, SECONDED BY COMMISSIONER CAM, to APPROVE CONDITIONAL USE PERMIT 07-1106. Vote results: YES: BEVINGTON, CAM, KUNIOKA, LOPEZ, AND VUU NO: NONE ABSENT: NONE ABSTAIN: NONE PERMIT'S 07-1101, AND DESIGN REVIEW 07-146 - 9800 & 9804 Valley Boulevard and 3852 Strang Avenue, along with a portion of the LA County Flood Control District's Eaton Wash. Leo Wu has submitted several applications for a General Plan Amendment, Zone Change, Conditional Use Permit, and Design Review for a 6,226 square-foot proposed retail/office building. The subject site is located at 9800 & 9804 Valley Blvd. and 3852 Strang Avenue, in the C-3D (Medium Commercial with a Design Overlay) and R-1 (Single Family Residential) zone. Presentation: Senior Planner George Agaba Staff Recommendation: APPROVE - subject to the conditions, for two (2) years. Rosemead Planning Commission Meeting: September 17, 2007 Page 4 of 12 0 0 Senior Planner Agaba stated the applicant and representative were present and asked the Commissioners if they had any questions. Chairman Lopez opened the public hearing to anyone else IN FAVOR of this application: Mr. Leo Wu of 67 E. Live Oak Avenue, Suite 201, Arcadia, the applicant and architect of the project, thanked staff. He stated they accept all the conditions. He said there is one point he wanted to point out. He said the shape of the lot is very unique. He also said all articulation extends from the west to the east. He thinks the building is very important because it's clearly exposed. He said this project will benefit Valley Blvd. and the City of Rosemead. Commissioner Bevington stated he doesn't think there's a driveway on Strang Avenue. Mr. Wu stated there will only be one new driveway on Strang Avenue. Commissioner Bevington stated there looks like there's no access for the LA County flood channel easement. Mr. Wu said the access for that easement will remain for access purposes only. Commissioner Bevington questioned how they get access into the easement and parking lot. Mr. Wu said there is a driveway and a gate off Strang Avenue that accesses underneath the new building. Commissioner Bevington questioned if access is through Valley Boulevard. Mr. Wu answered yes, for pedestrians. Vice-Chairman Kunioka questioned if this project has been reviewed by the flood control Mr. Wu stated yes. Vice-Chairman Kunioka referred to Exhibit F, the project application and questioned why #10 of the environmental application is marked no. Senior Planner Agaba stated it's a standard application that they answer prior to submittal. He said everything will be cleared up at final Building approval. Vice-Chairman Kunioka referred to #12 regarding the Alquist-Priolo and #14 regarding waste material and toxic substances of the environmental application and questioned if their answers make a difference on what they check off. Senior Planner Agaba said these questions are asked to make sure the applicant provides upfront information. He said everything will be cleared prior to building permit Rosemead Planning Commission Meeting: September 17, 2007 Page 5 of 12 • • issuance. Vice-Chairman Kunioka said they are storing materials onsite and there is a possibility it may leak. Senior Planner Agaba stated through the building permit process, these issues are reviewed. Vice-Chairman Kunioka questioned if these items will be checked and considered as factors. Senior Planner Agaba stated yes. Vice-Chairman Kunioka questioned condition 21, regarding water on the site. Senior Planner Agaba stated this is a recommended condition from staff to make sure the air quality impacts get resolved. He said staff wants to make sure the residential properties to the south are not impacted by dust. Vice-Chairman Kunioka said he thinks we should have a stronger condition. He said from his recollection, AQMD rule 403 requires no dust leaving the site. He said we want to make sure dust doesn't leave the site, so a stronger condition should be written. Senior Planner Agaba stated that can be added. Vice-Chairman Kunioka referred to condition 22 on speed limit. He said it's a small site and 5mph is more reasonable on the site. Senior Planner Agaba stated it's a standard condition. Vice-Chairman Kunioka said he is curious on the south block wall that is bordering the residential neighbors. He questioned if the applicant intends on installing that wall because there is no condition added on that. Senior Planner Agaba stated there is a proposal to the south. Vice-Chairman Kunioka said he believes that wall is to screen from the neighbors. He said it should be required if the neighbors would like it. Commissioner Bevington questioned condition 13 and the 2% requirement. Senior Planner Agaba said he's not sure, he will clarify with the Building Division to make sure they meet the ADA requirement. Attorney Yin commented on Vice-Chairman Kunioka's comment. He said condition 27 should be added, which states a block wall along the south property line shall be installed. Rosemead Planning Commission Meeting: September 17, 2007 Page 6 of 12 • • Senior Planner Agaba agreed. Vice-Chairman Kunioka questioned if the applicant, in the future, decides to change the retail use to office, would they be able to. Senior Planner Agaba stated no. He said staff wants to make sure they are approved for what they were approved for. Vice-Chairman Kunioka said this is an improvement to that corner. He stated he wants to make sure it'll stay as retail and not change to office. Commissioner Bevington said it looks like it'll be a welcoming addition to the city. Senior Planner Agaba asked Vice-Chairman Kunioka to clarify the language on condition 21. Vice-Chairman Kunioka stated he wants to make sure fugitive dust control mitigation is consistent with AQMD rules. He said if they water twice a day and dust still leaves the site, it means they're not consistent with AQMD. Mr. Flournoy stated he thinks this will be a key project as it is an entrance to the City. He questioned if there is anything coming for the site across the street. Chairman Lopez stated staff will definitely do their work and make sure something comes out of that. Mr. Flournoy stated AQMD rule 403 should be there no matter what. He said the Building Department has never enforced AQMD rule 403 or any other rule on dust. He added, the building inspector should enforce this, but they don't. He said they should be educated to do so and to enforce and follow through all conditions of approval. Chairman Lopez refers the question to Attorney Yin regarding building inspection enforcement. Attorney Yin stated we can. Chairman Lopez stated these things have to be taken care of. Vice-Chairman Kunioka stated that is why he suggested that it is incorporated in the conditions of approval. Mr. Flournoy stated AQMD rule 403 covers a lot, besides just fugitive dust control. He questioned if the path along Eaton Canyon Wash will be kept. Chairman Lopez answered yes. Mr. Flournoy stated toxic substances should be a condition of approval. He said if it's not mentioned, the Building Department will not check on it. Rosemead Planning Commission Meeting: September 17, 2007 Page 7 of 12 Chairman Lopez reiterated what Senior Planner Agaba said regarding how all the things discussed are processes taken prior to building permit approval. Mr. Flournoy said he's sure planning staff will do so, but building won't. He said someone has to raise the flag. Chairman Lopez asked Attorney Yin if something can be done to address that these issues are taken care of. Mr. Flournoy questioned if air conditioners have been discussed and where the compressors will be located. He stated he doesn't like roof-mounted equipment. Vice-Chairman Kunioka answered they are on the roof and shielded. Senior Planner Agaba stated all equipment will be on the roof and staff will make sure it's screened. Mr. Flournoy stated roof-mounted equipment is noisy. He said staff needs to make sure they use a specific kind of screening. Then he discussed about the block wall and suggested that someone visits the CALTRANS website to obtain their designs that are up to building code, in case of an earthquake. He said doing it from scratch is tough. He said this project is not in the Alquist Priolo zone, but a Seismic Hazard Mapping Act zone. He also said he thinks the City Geologist should review this project and find out how the fault is. He said he suggests that a seismic hazard mapping analysis should be done as well as a liquefaction test. He then asked the applicant if this is a conventional construction, Mr. Wu answered yes. He said it is wood frame. Mr. Flournoy questioned if there is a development agreement. Senior Planner Agaba answered no. Mr. Flournoy ended by stating that he thinks this will be a great project. Attorney Yin made a clarification regarding condition 21 to address Vice-Chairman Kunioka's concern. He said the language should be, "During site grading, the site shall be watered at least twice a day to reduce fugitive dust and shall meet all applicable requirements and shall ensure consistency with AQMD rules and regulations." Vice-Chairman Kunioka said that works for him. Attorney Yin said with regards to the other concerns raised, we will remind the Engineering Department. Mr. Brian Lewin of 9501 Ralph Street, a resident, stated he thinks this project will be really good. He said that part of Valley Boulevard is blighted. He questioned where the Rosemead Planning Commission Meeting: September 17, 2007 Page 8 of 12 0 0 highly reflective material will be used. Mr. Wu stated its storefront material for the windows facing Valley Boulevard. Mr. Lewin said he is concerned, since its extremely reflective material. Mr. Wu answered no. Mr. Lewin said with sunset, it will reflect light. Vice-Chairman Kunioka said it won't be a problem, since the sun won't reflect off the window. Mr. Lewin said he's just concerned about that, everything else is great. Chairman Lopez asked Mr. Wu if he wanted to answer any questions that were raised. Mr. Wu stated they will accept all the conditions, including the revised condition 21 and installing a block wall along the south property line. Mr. Flournoy questioned why this project is going to City Council, even after it's approved by the Planning Commission. Chairman Lopez answered because of the zone change. Chairman Lopez opened the public hearing to those who wished to OPPOSE the application: None. There being no one further wishing to address the Commission; Chairman Lopez closed the public hearing segment for this project. MOTION BY VICE-CHAIRMAN KUNIOKA, SECONDED BY COMMISSIONER VUU, to APPROVE GENERAL PLAN AMENDMENT 07-04, ZONE CHANGE 07-227, CONDITIONAL USE PERMIT'S 07-1101, AND DESIGN REVIEW 07-146. Vote results: YES: BEVINGTON, CAM, KUNIOKA, LOPEZ, AND VUU NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 4. CONSENT CALENDAR - These items are considered to be routine actions that may be considered in one motion by the Planning Commission. Any interested party may request an item from the consent calendar to be discussed separately. Rosemead Planning Commission Meeting September 17, 2007 Page 9 of 12 • • A. A pproval of Minutes - September 5, 2007 Commissioner Bevington stated he would like to pull the minutes. He stated on the last paragraph of page 10, it says, " He said he wants to clarify that the Commissioners did not recuse. He said the Planning Commissioners suggested that the applicant and neighbors meet to clarify their concerns. Vice-Chairman questioned if we can clarify this statement in today's minutes. Commissioner Bevington said he wants to clarify that the Commission just wanted them to come up with a compromise. Vice-Chairman Kunioka stated that the Commission can move for approval of the minutes, but with the understanding that this is not a precedent to be used in the future. Attorney Yin agreed. B. Resolution No. 07-46 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING TENTATIVE TRACT MAP 062930 AND CONDITIONAL USE PERMITS 05-1041 THROUGH 05-1046, REQUESTING TO SUBDIVIDE TWO EXISTING PARCELS INTO SIX (6) PARCELS FOR THE DEVELOPMENT OF SIX (6) NEW SINGLE FAMILY HOMES, ALL OF WHICH MEET OR EXCEED 2,500 SQUARE FEET OF LIVING AREA, LOCATED AT 3832 & 3840 CHARLOTTE AVENUE IN THE R-1 (SINGLE FAMILY RESIDENTIAL) ZONE (APNS: 5371-006-062, 5371-005-036). Chairman Lopez called Mr. Flournoy to speak. Mr. Flournoy questioned the preservation of trees. He said he is concerned they will remove the big tree in the front. Chairman Lopez stated some trees will be preserved and some will be removed. Senior Planner Agaba stated he thinks the big tree will be removed. He said when the map is recorded; they will bring in the final landscaping plans. Mr. Flournoy stated it is unacceptable for them to remove the tree. Senior Planner Agaba stated the plot plan will probably be the same during the Building plan check. He said he doesn't have the plans with him, but basically, the Planning Division will still approve the same plan. Mr. Flournoy asked if the tree is staying or going. Senior Planner Agaba stated the planner that reviews the project will determine that. Rosemead Planning Commission Meeting: September 17, 2007 Page 10 of 12 0 0 Vice-Chairman Kunioka said it's not an oak tree, and it's their tree. We can't regulate big trees on people's property. Mr. Flournoy then discussed about the setbacks of the second floor and said a structural engineer should be required to look at this. Vice-Chairman Kunioka said he's pretty sure it's a misunderstanding. He said when they say a 17-foot setback; they mean 17-feet from the property line. Mr. Flournoy stated over 4 feet requires a structural engineer to review. He then said the project is close to two earthquake faults and a condition should be added to reference that. Vice-Chairman Kunioka stated general requirement is for sideyards to be setback 5-feet minimum. Mr. Flournoy said that is a problem. Senior Planner Agaba stated since it's a 6-lot subdivision, he thinks the Building Department will require a structural engineer to look at this project. Commissioner Vuu said every plan that goes through the Building, Department is required to have a structural engineer to look at it. Chairman Lopez asked for a motion for approval of the other items on the Consent Calendar. MOTION. BY BEVINGTON SECONDED BY VICE-CHAIRMAN KUNIOKA, TO WAIVE FURTHER READING AND ADOPT CONSENT CALENDAR. Vote results: YES: BEVINGTON, CAM, KUNIOKA, LOPEZ AND VUU NO: NONE ABSENT: NONE ABSTAIN: NONE 5. 6. Chairman Lopez declared said motion duly carried and so ordered. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Commissioner Vuu said he has comments regarding Vice-Chairman Kunioka's concern on the mitigation of dusts. He said it's called erosion control and Building does address those issues. He said Building Department must look at structural. He said they look beyond the Planning Department. He said Building Department does look into dust mitigation. Vice-Chairman Kunioka thanked Commissioner Vuu for the clarification. MATTERS FROM THE PLANNING SERVICES ADMINISTRATOR AND STAFF Rosemead Planning Commission Meeting: September 17, 2007 Page 11 of 12 0 9 Senior Planner Agaba stated staff has noticed two mixed-use projects that will be held on October 15, 2007. 7. ADJOURNMENT: Chairman Lopez adjourned the Planning Commission Meeting at 8:12 p.m. MOTION BY COMMISSIONER BEVINGTON, SECONDED BY VICE-CHAIRMAN KUNIOKA to ADJOURN UNTIL THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING. 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