CC - Item 4B - Approval Of Parcel Map 26406 - 3366 San Gabriel Blvd~~2
TO: BILL CROWE, CITY MANAGER
FROM: KEN RUKAVINA, CITY ENGINEER
DATE: NOVEMBER 5, 2002
RE: APPROVAL OF PARCEL MAP 26406 - 3366 SAN GABRIEL
BOULEVARD
Attached for consideration and approval of Parcel Map No. 26406 are the following:
1. Copy of Parcel Map No. 26406; and
2. Planning Commission's Conditions of Approval.
A corner cut-off dedication will be granted on the map for street and right-of-way purposes
at the intersection of San Gabriel Boulevard and Hellman Avenue. I have determined that
all conditions of approval for the map have been met and the map is ready for Council's
approval.
RECOMMENDATION
1. Approval Parcel Map No. 26406.
2. Accept the street dedication.
3. Direct the City Clerk to arrange for the recordation of the map.
Attachment
2002rsmd/staff rpt/city
COUNCIL AW
NOV 12 2002
ITEM No.
PC RESOLUTION 01-39
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROSEMEAD"APPROVING TENTATIVE PARCEL 1VIAP 26406 and
CONDITIONAL USE PERMIT 01-833 TO CONSOLIDATE THREE
PARCELS INTO ONE FOR THE DEVELOPMENT OF A GASOLINE
STATION WITH A CONVENIENCE MARKET (D.B.A. 7-ELEVEN
AND CITGO), LOCATED AT 3366 SAN GABRIEL BOULEVARD IN
THE C-3; MEDIUM COMMERICAL ZONE. (APN: 5288-017-025,-035,
-039).
WHEREAS, on June 5, 2001, Urban Development of 630 Kenmore Avenue #410, Los
Angeles, CA 90005, filed a tentative parcel map and conditional use permit applications to
consolidate three parcels, for the development of a gasoline station with a convenience market
(d.b.a. 7-Eleven and CITGO), located at 3366 San Gabriel Avenue in the C-3; Medium
Commercial Zone; and
WHEREAS, 3366 San Gabriel Avenue, is in the C-3; Medium Commercial Zoning
District;.and
WHEREAS, Sections 16.08.010-16.08.220 of the Rosemead Municipal Code (RMC)
requires a tentative parcel map for the consolidation of three lots; Sections 17.112.030.028 (b)
and 17.1 12.030.14 of RMC requires a conditional use permit for the development of a gasoline
station with a convenience market; and
WHEREAS, Sections 65800 and 65900 inclusive, of the California Government Code,
and Sections 17.112.010 and 16.08.120 of the Rosemead Municipal Code (RMC) authorize the
Planning Commission to approve, conditionally approve or deny conditional use permit and
tentative parcel maps; and
WHEREAS, Sections 16.08.010-16.08.220, Section 17.112.010 of the Rosemead
Municipal Code specifies the criteria by which a tentative parcel map and a conditional use
permit may be granted; and
WHEREAS, on July 26, 2001, 47 notices were posted in 10 public locations and sent to
property owners within a 300-foot radius from the subject property specifying the availability of
the application, plus the date, time and location of the public hearing for Tentative Parcel Map
26406 and Conditional Use Permit 01-833; and
WHEREAS, on August 6, 2001, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony"relative to Tentative Parcel Map
No. 26406 and Conditional Use Permit 01-833; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to stake the following determination.
NOW, THEREFORE, BE If RESOLVED by the Planning Commission of the City of
Rosemead as follows:
SECTION 1. 'file Planning Commission HEREBY DETERMINES that Tentative
Parcel Map 26406 and Conditional Use Permit 01-833 are Categorically Exempt from
environmental review pursuant to Sections 15315, 15303 and 15305 of the California.
Enyironmental Quality Act (CEQA).
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Tentative Parcel Map 26406 and Conditional Use Permit 01-
833 according-to the Criteria of Section 16.08.080 and Section 17.112.010 of the Rosemead
Municipal Code as follows:
A. The tentative parcel ntap has been developed so as not to be materially detrimental to
the public welfare nor injurious to the property, not be contrary to any ofTicial plan, conforms in
area and dimension to the City codes, that all streets, alleys Find (hiveways proposed to serve the
property bave been dedicated and that such streets, alleys and driveways are of sufficient design
to provide adequate access and circulation for vehicular and pedestrian traffic and easements and
covenants required for the tentative neap have been executed and recorded.
FINDING: The map was distributed to various agencies for their review. The agencies
made their comments and the City Engineer has checked the parcel for its accuracy.
B. The proposed use will not be detrimental to the health, safety, peace, morals, comfort,
or general welfare of persons residing in the neighborhood.
FINDING: The site will be developed in accordance with applicable City regulations
and is in conformity with the development in and around the project site. The highly visible,
commercial corner site is currently abandoned and needs to be redeveloped.
C. The proposed use will not be detrimental or injurious to the property and
improvements in the neighborhood.
FINDING: 'The applicant proposes to denwlish the existing structures and replace it
with a newly constructed building, Adverse impacts to the character of the surrounding
neighborhood will be mitigated and architectural elements have been incorporated into the
design of the both new building and gas pump islands. This project will increase property values
of adjacent Conrnercial properties.
D. The proposed use will not be detriiirental or injurious to the general welfare of the
city.
]FINDING: The construction of a lrew gasoline station ill conjunction with a
convenience market will provide a needed service to the community.
ITINDING: The proposed use, to consolidate three parcels for tine development of a
gasoline station with a convenience market (d b.a. 7-Eleven and CITGO), will not be detrimental
to the welfare of the city. This development will increase property values and the general
aesthetics of the neighborhood, in addition to adding more variety of choices to consumers
within the city.
SECTION 3. The Planning Commission HEREBY APPROVES Tentative Parcel Map
26406 and Conditional Use Permit 01-833 to consolidate three parcels for the development of a
gasoline station with a convenience market, on property located at 3366 San Gabriel Ave.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission oil August 6; 2001, by the following vote:
YES: LOI, ORTIZ, HERRERA
NO: NONE
ABSENT: ALARCON,BREEN
AIISTAIN: NONE
SECTION 5. 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 ADOPTLD this 20th day ofAugust, 2001.
Alarcon, Chau"nlan
%,if
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 20th day of
August, 2001 by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
.
William Crowe, Secretary
Rosemead !Tanning Commission
August 6, 2001
Page 6 of 12
EXHIBIT "A"
TENTATIVE PARCEL MAP 26406
CONDITIONAL USE PERMIT 01-833
3366 San Gabriel Boulevard
CONDITIONS OF APPROVAL
August 6, 2001
Tentative Parcel Map 26406 and Conditional Use Permit 01-833 are approved for the
development of a gasoline stations with a convenience market, to be developed in
accordance with the plan marked Exhibit 1113" and submitted colored elevations and
color and material sample boards. Any revisions to the approved plans must be
resubmitted for review and approval by the Planning Department.
2. Approval of Tentative Parcel Map 26406 and Conditional Use Permit 01-833 shall not take
effect for any purpose until the applicant has filed with the City of Rosemead an affidavit
slating that they are aware of and accepts all of the conditions set forth in the letter of
approval and this list of conditions.
3. Tentative Parcel Map 26406 and Conditional Use Permit 01-833 are approved fora two-year
period. Applicant shall make progress towards initiation of proposed use or request an
extension 30 clays prior to expiration from the Planning Commission. Otherwise Tentative
Parcel Map 26406 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, Sheri ffand Health Departments.
5. 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
6. Prior to issuance of building permits, all school fees shall be paid. The applicant shall
provide the City with written verification of compliance from the Unified School District.
7. The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday - Saturday. No
construction shall lake place on Sundays or on any legal holidays without prior approval by
the City.
8. Planning staff shall have access to the subject property at any time during construction to
monitor progress.
9. The conditions listed on this Exhibit "A" shall be copied directly onto development plans
submitted to the Planning and Building Departments for review.
10. Occupancy will not be granted until all improvements required by this approval have been
completed, inspected, and approved by the appropriate department(s).
1 I . Driveways and parking areas shall be surfaced and improved with Portland concrete cement
as shown on Exhibit "B"; and thereafter maintained in good serviceable condition.
12. Landscaping shall consist of one 24 inch box Crape Myrtle tree, three 15-gallon
Brisbane Box trees, various 5-gallon shrubs including Yellow Daylily, New Zealand
Flax, I'Mospo•um, Carolina Jessamine vines, and Yellow Gazania ground cover.
Landscape & Irrigation plans are subject to review and approval by the Planning
Department prior to plan check submittal to the Building & Safety Department.
13. Prior to issuance of Building permits, a landscape and irrigation plan shall be submitted to
the Planning Department for review, according to the landscape/irrigation plan, referred to as
Exhibit B. Irrigation plan shall include automatic tinners and moisture sensors. All
Rosemead Planning Commission
August 6, 2001
Page 7 of 11
landscaping and irrigation shall be installed and completed prior to final Planning
Department approval.
14. Installation of a new split-face concrete block wall along the east property line. The
block walls will be four feet high along the first 20 feet length of the wall facing the
streets with the remaining wall length to be built at a height of six feet. These
improvements shall be incorporated in the landscape & irrigation plan prior to plan
check submittal.
15. All ground level mechanical/utility equipment (including meters, back flow preservation
devices, fire valves, A/C condensers, furnaces and other equipment) shall be located away
From public view or adequately screened by landscaping or screening walls so as not to be
seen from the public right-of-way. Said screening shall be approved by the Director of
Planning before installation.
16. No portion of any required front and/or side yards shall be used for storage of any type.
17. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. All trash
and debris shall be contained within a trash enclosure.
18. All roof top appurtenances and equipment shall adequately be screened from view to the
. satisfaction of the Planning Department.
19. The property shall be graded to drain to the street, but in no case shall such drainage be
allowed to sheet flow across public sidewalk. A grading and/or drainage plan shall be
prepared, submitted to and approved by the Building Official, and such grading and drainage
shall take place in accordance with such approved plan.
20. 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. Materials, colors,
location and size of such address numbers shall be approved by the Director of Planning
prior to installation.
21. Applicant shall obtain a public works permit for all work in or adjacent to the public
right-of-way.
22. Applicant shall install and complete all necessary public improvements, including but not
limited to street, curbs, gutters, sidewalks, handicap ramps, and stomn drains, along the entire
street frontage of the development site as required by the Director of Planning.
23. All ground level mechanical/utility equipment (including meters, back flow preservation
devices, fire valves and other equipment) shall be screened by screening walls and/or
landscaping to the satisfaction of the Planning Department.
24. All utilities shall be placed underground including facilities and wires for the supply and
distribution of electrical energy, telephone, cable television etc. The underground conversion
of these utilities shall consider all future connections to the satisfaction of the Director of
Planning.
25. All requirements of the Building and Safety Department and Planning Department shall be
complied with prior to the final approval of the proposed construction.
26. The hours of operation shall be posted in the front window or door. Flours of operations
shall be 24 hours, seven days a week.
27. There shall be no sale, display or advertising for sale of automobiles, trucks, or trailers.
28. No commercial vehicles over seven thousand five hundred (7,500) pounds (gross weight),
except vehicles operated by the permittee as a normal incidental service station use, shall
Rosemead Planning Commission
August 6, 2001
Page 8of 12
be permitted to be stored on the site between ten p.m. and six a.m.
29. Signage on gas pump islands will be limited to the north and west sides of the canopy.
30. Outside lighting shall be arranged and shielded so as to prevent any glare, reflection,
nuisance or hazardous interference of any kind to adjoining streets or property.
31. 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.
32. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code. Specifically,
signs shall not cover more than 15% of window area or 25% of wall areas. All signs must
comply with Section 17.104.080 regarding identification of the business in English.
33. The conditions listed on this exhibit shall be copied directly onto any development plans
subsequently Submitted to the planning and building departments for review.
34. The properly shall comply with all appropriate building, fire, and health department
regulations.
35. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and
maintained in a clean, safe, and sanitary condition.
36. 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.
37. The site shall be maintained in a clean, weed and litter free slate 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.
38. 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.
39. 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.
40. Pursuant to California Vehicle Code Section § 22261.8, at leash 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.
41. The numbers of the address signs shall be at least six (6) inches tall with a minimum
character width of 1/4 inches contrasting in color and easily visible at driver's street level.
- The location, color, and size of such signs shall be subject to the planning director's
approval.
42. 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.
43. 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.
44. Any changes to the condition of operation listed in this Exhibit "A" must be first approved
by the Planning Commission through a modification application. The Planning Commission
through a design review must first approve exterior changes to this site.
Rosemead Planning Commission
Augusl 6, 2001
Page 9 of 12
45. Violation of the conditions of approval may result in citation and/or the initiation of
revocation proceedings.
CITY ENGINEER'S RECOMMENDED CONDITIONS OF APPROVAL
FOR TENTATIVE PARCEL MAP 26406
GENERAL
1. Details shown on the tentative map are not necessarily approved. Any details which are
inconsistent with requirements of ordinances, general conditions of approval., or City
Engineer's policies must be specifically approved in the final map or improvement plan
approvals.
2. A final Parcel map prepared by, or under the direction of a Registered Civil Engineer
authorized to practice land surveying, or a Licensed Land Surveyor, must be processed
through the City Engineer's office prior to being filed with the County Recorder.
3. A preliminary subdivision guarantee is required showing all fee interest holders and
encumbrances. An updated title report shall be provided before the final Parcel map is
released for filing with the County Recorder.
4. Monumentation of Parcel map boundaries, street centerline and lot boundaries is required for
a map based on a field survey.
5. Final Parcel map shall be filed with the County Recorder and one (1) mylar copy of filed
map shall be submitted to the City Engineer's office prior to issuance of building permits.
6. Comply with all requirements of the Subdivision Mao Act.
7. Approval for filing of this land division is contingent upon approval of plans and
specifications mentioned below. If the improvements are not installed prior to the filing of
this division, the developer must submit an Undertaking Agreement and a Faithful
Performance and Labor and Materials Bond in the amount estimated by the City Engineer
guaranteeing the installation of the improvements.
8. 'rhe City reserves the right to impose any new plan check and/or permit fees approved by
City Council subsequent to tentative approval of this map.
DRAINAGE AND GRADING
9. Prior to the recordation of the final map,'grading and drainage plans mast be approved to
provide for contributory drainage from adjoining properties as approved by the City
Engineer, including dedication of the necessary easements.
10. A grading and drainage plan must provide for each lot having an independent drainage
system to the public street, to a public drainage facility, or by means of an approved drainage
easement.
11. Historical or existing storm water flow from adjacent lots must be received and directed by
gravity to the street, a public drainage facility, or an approved drainage easement.
12. Developer shall comply.with the City storm water ordinance.
ROAD
13. New drive approaches shall be constructed at least 5' from any above-ground obstructions in
the public right-of-way to the top of 'Y' or the obstruction shall be relocated.
Rosemead Planning Commission
August 6. 2001
Page 10 of 12
14. Where existing drive approaches on San Gabriel Boulevard and Hellman Avenue will not be
used, they shall be.closed and full curb, gutter, and sidewalk shall be constructed.
15. Developer shall grant a comer cut-off road deed dedication at the corner of San Gabriel
Boulevard and Hellman Avenue for the construction of an ADA compliant wheelchairramp.
16. Developer shall construct a wheelchair ramp per City standards at the corner of San Gabriel
Boulevard and Hellman Avenue.
t ITILITIP..q
17. Power, telephone and cable television service shall be underground.
18. Any utilities that are in conflict with the development shall be relocated at the developer's
expense.
WATER
19. Prior to the filing of the final map, there shall also be filed with the City Engineer, a
statement from the water purveyor indicating subdivider compliance with the Fire Chiefs fire
flow requirements.
Memorandum
To: Bill Crowe, City Manager
From: Stephen Copenhaver, GRC
Date: October 29, 2002
Subject: City Council Resolution No. 2002-52 Disapproving the
Negative Declaration for Rosemead Redevelopment Project
Area No. 1, Amendment 4; and Staying Consideration of
Amendment 4
Following the public hearing on September 24, 2002 and the continued public
hearing on October 8, 2002, the staff has reviewed and analyzed the comments
received from those attending the meeting. These comments, with only a few
exceptions (which addressed sign issues and the boundaries of the plan
amendment), pertained to the development of a Wal-Mart store as opposed to the
proposed redevelopment plan amendment. In the eyes of the public, the proposed
plan amendment and the anticipated Wal-Mart application were one and the same
project. With this view in mind, the issues addressed at the public hearing
concerning traffic, circulation, noise, dust, soils conditions, etc., would have a
bearing on both the proposed plan amendment and the development project.
Consequently, the staff believes that an environmental impact report(s) that
addresses the potential impacts of the redevelopment plan amendment, the sign and
the shopping center should be prepared. This effort would take place only if Wal-Mart
finalizes negotiations with the property owner and proceeds to submit a complete
application with the necessary fees. This approach would also be consistent with provisions
within CEQA that encourage the preparation of an environmental impact report when the
potential impacts of a project become a matter of public controversy. A full environmental
impact report on the proposed redevelopment plan amendment would provide the City
Council and the public an independent analysis of the impacts of any proposed project and
provide a forum for public discussions and comments.
It appears that staying any consideration of Amendment 4 to the Redevelopment Plan and
disapproval of the Negative Declaration would be appropriate. If the proposed shopping
center development project proceeds then either concurrent environmental impact reports or
a single environmental impact report should be prepared and circulated pursuant to CEQA
regulations.
Recommendation
Adopt City Council Resolution No. 2002-52 disapproving the Negative Declaration and
staying consideration of Amendment 4.
COUNCIL,
N OV 12 2002
ITEM No.
RESOLUTION NO. 2002-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD DISAPPROVING THE NEGATIVE
DECLARATION FOR ROSEMEAD REDEVELOPMENT
PROJECT AREA NO. 1, AMENDMENT 4; AND STAYING
CONSIDERATION OF AMENDMENT 4 PENDING
COMPLETION OF AN ENVIRONMENTAL IMPACT
REPORT
The City Council of the City of Rosemead hereby resolves as follows:
Section 1. Background
A. The Rosemead Community Development Commission has
commenced proceedings to amend Rosemead Redevelopment Project No. 1 to add
property located at the intersection of San Gabriel #l€y Boulevard and Walnut
Grove Avenue in the southern portion of the City to facilitate a freeway signage
program (the "Project").
B. On the basis of an Initial Study the Commission staff determined that
the proposed Project would not have a significant adverse effect on the
environment. Based on that determination the. Commission prepared a negative
declaration for the Project.
C. The.City Council and the Commission Board conducted a joint public
hearing on the Project and the Negative Declaration for the Project on September
24 and October 8, 2002.
D. After reviewing the public comments and correspondence received
during the public comment period and at the public hearing the City Council has
determined that the Project could have'a significant impact on the environment and
that an Environmental Impact Report is required.
Section 2. Findings and Determination
A. Based on the information provided the City Council finds that there is
a fair argument presented on verifiable evidence in the record that a potentially
significant impact on the environment could result from carrying out the Project.
SEECA 1466W 95641.1 -1-
B. Staff is directed to complete and circulate an Environmental Impact
Report for the Project . Oln&d. f Q4~ ~ ~ ,p a,q FAJ %Cw-•J!;
C. Further consideration of the Projechs stayed pending the filing of an L-rwr
application deemed to be complete in accordance with California Government Code
Section 65943 for retail development of the 23.7 acre site located at the Southwest ' Q
Corner of Walnut Grove and Rush Street in the City of Rosemead (Assessor's Parcel
No. 5279-027-801), completion of an Environmental Impact Report for. the Project
and a duly noticed public hearing.
Section 3, Effective Date
This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this 12th day of November
2002.
Mayor
City of Rosemead
ATTEST:
City Clerk .
City of Rosemead .
2
Yes: Imperial, Taylor, Bruesch, Clark, Vasquez
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
IV. CONSENT CALENDAR
CC-A APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP
26540 - 2504-2512 FALLING LEAF
ft%*~C-B ACCEPTANCE OF PARCEL MAP 26406 - 3366 SAN GABRIEL
BOULEVARD
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL
that the Council adopt the aforementioned items on the Consent Calendar. Vote resulted:
Yes: Imperial, Taylor, Bruesch, Clark, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION AND ACTION
VI. STATUS REPORTS
VU. MATTERS FROM OFFICIALS
- VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None
IX. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned at 8:30
p.m.. in memory of Boyd Copenhaver, father of Steve and Robert Copenhaver, and Violet Gee,
mother of Chester Gee. The next regular meeting will be held on Tuesday, November 26, 2002,
at 8:00 p.m.
Respectfully submitted:
City Clerk
CCMIN:11-12-02
Page a4