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PC - Item 3B - Conditional Use Permit 16-08 Staff ReportROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND PLANNING COMMISSION FROM: PLANNING DIVISION DATE: NOVEMBER 20, 2017 SUBJECT: CONDITIONAL USE PERMIT 16-08 7516 EMERSON PLACE SUMMARY Ky Do and Binh Vinh Tran have submitted an application for a Conditional Use Permit requesting to operate a place of religious assembly. The subject property is located at 7516 Emerson Place (APN: 5286-017-004). The proposed project would not increase the floor area of the existing building. The subject site is located in the Light Multiple Residential (R-2) zone. Per Rosemead Municipal Code Table 17.12.020.1, approval of a Conditional Use Permit is required to establish a place of religious assembly within the Light Multiple Residential (R-2) zone. ENVIRONMENTAL DETERMINATION Section 15303 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Accordingly, Conditional Use Permit 16-08 is classified as a Class 3 Categorical Exemption, pursuant to Section 15303 of CEQA guidelines. STAFF RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 17-22 with findings (Exhibit "A"), and APPROVE Conditional Use Permit 16-08, subject to the 30 conditions outlined in Attachment "A" attached hereto. Planning Commission Meeting November 20,2017 Page 2 of 14 Front elevation (Existing) PROPERTY HISTORY AND DESCRIPTION The project site is located south of Emerson Place between New Avenue and Jackson Avenue. According to the Los Angeles County Assessor's Office, the project site consists of one parcel, totaling approximately 9,500 square feet of lot area. Code Enforcement Violations On April 6, 2016, Code Informant Case 16-0347 was created because the Public Safety Department received a complaint that the single-family dwelling unit was operating as a religious assembly establishment without proper entitlements. On April 26, 2016, the case was closed as the religious assembly establishment ceased operations. On August 16, 2016, Code Informant Case 16-0347 was re-established as the Public Safety Department received a complaint about the noise and smoke from incense. According to the Public Safety Department, the property owner was issued an administrative citation for operating a religious establishment without proper entitlements. For this reason, the applicant submitted a Conditional Use Permit to operate a place of religious assembly. Public Comment On November 16, 2017, the Planning Division received a letter of opposition from a concerned citizen. The written letter has been attached as attachment "D". Site and Surrounding Land Uses The project site is designated in the General Plan as Medium Density Residential and on the zoning map as a Light Multiple Residential (R-2) zone. The site is surrounded by the following land uses: North General Plan: Medium Density Residential Zoning: Light Multiple Residential (R-2) Land Use: Residential South General Plan: Medium Density Residential Planning Commission Meeting November 20, 2017 Palle 3 of 14 Zoning: Light Multiple Residential (R-2) Land Use: Residential East General Plan: Medium Density Residential Zoning: Light Multiple Residential (R-2) Land Use: Residential West General Plan: Medium Density Residential Zoning: Light Multiple Residential (R-2) Land Use: Residential DISCUSSION As illustrated in Exhibit `B", the applicants are proposing to establish a place of religious assembly at 7516 Emerson Place. In addition, the applicants are proposing an interior tenant improvement, a new carport, and new off-street parking spaces. Religious Assembly Operations The applicants are proposing the following hours of operation for assembly purposes: 11:00 a.m. to 3:00 p.m., seven days a week. Site Plan The applicants are proposing to incorporate off-street parking spaces, an attached carport, a fully enclosed trash enclosure, new exterior lighting, and new landscaping to the existing site. The applicants are proposing to remove all outdoor kitchen appliances and portable shade structures. Floor Plan The proposed floor plan consist of a prayer room, kitchen, two bathrooms, and two bedrooms for clergy. In addition, the applicants are proposing to construct a new carport to the existing attached two -car garage. The applicants are also proposing to demolish two unpermitted additions to the east side of the proposed placed of religious assembly. Elevations The applicants are proposing to remove all exterior security bars from all windows visible from public right-of-way. In addition, the applicants are proposing to repair and repaint the fascia boards. Parking and Circulation Per Rosemead Municipal Code, Table 17.112.040.1, one off-street parking space is required per each 75 square feet of floor area for assembly use not containing fixed seats. With 485 square feet of floor area proposed for assembly use not containing fixed seats, a minimum of six off-street parking spaces are required. As shown on the proposed site plan, the applicants are proposing to provide seven off-street parking spaces. The parking spaces in the existing two -car garage will be reserved for clergy. Planning Commission Meeting November 20, 2017 Pape 4 of 14 MUNICIPAL CODE REQUIREMENTS Per Rosemead Municipal Code Table 17.12.020.1, approval of a Conditional Use Permit is required to establish a place of religious assembly within the Light Multiple Residential (R-2) zone. Per Rosemead Municipal Code, Section 17.132.040, all of the following findings shall be made by the Planning Commission in conjunction with the approval of a Conditional Use Permit: A. Approval of the application will not be or incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare. The proposed use will not be incompatible or injurious to the residential uses on the adjacent properties as places of religious assembly is a use that may be conditionally permitted within the residential zones. Conditions of approval for the limited hours of operation, lighting, and construction will protect the public health, safety, and general welfare of the surrounding neighborhood. B. The use is consistent with the General Plan. According to the General Plan, in residential areas, in addition to the primary residential use, accessory structures, group homes, religious and charitable organizations are permitted consistent with State law and zoning ordinance requirements. C. The use is consistent with the provisions of this Zoning Code. The use is consistent with the applicable provisions of the Zoning Code. D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. Section 15303 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Accordingly, Conditional Use Permit 16-08 is classified as a Class 3 Categorical Exemption, pursuant to Section 15303 of CEQA guidelines. E. If development is provided for under the Conditional Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district. Planning Commission Meeting November 20, 2017 Pape 5 of 14 The project site is located in a R-2 zoning district. The R-2 zoning district identifies areas characterized by single-family dwellings and duplexes. The R-2 standards are intended to maintain the character of existing neighborhoods while allowing the opportunity for duplex and smaller lot single-family development that is consistent with the General Plan Medium Density Residential land use designation. In addition to the residential use, the General Plan Land Use Element permit other uses, such as religious organizations. The project will maintain the character of the existing neighborhood as it was designed based on applicable R- 2 zoning district standards. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300 -foot radius public hearing notice to 44 property owners, publication in the Rosemead Reader on November 9, 2017, and postings of the notice at the six public locations and on the subject site. Prepared by: Submitted by: Annie Lao Ben Ki ' Assistant Planner C munity Development Director EXHIBITS: A. Planning Commission Resolution 17-22 with Attachment "A" (Conditions of Approval) B. Site Plan and Floor Plan (Dated November 6, 2017) C. Assessor Parcel Map (APN: 5286-017-004) D. Public Comment Letter Dated November 16, 2017 Planning Commission Meeting November 20, 2017 Page 6 of 14 EXHIBIT "A" PC RESOLUTION 17-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 16-08 FOR THE OPERATION OF A PLACE OF RELIGIOUS ASSEMBLY. THE SUBJECT SITE IS LOCATED AT 7516 EMERSON PLACE (APN: 5286-017-004), IN A LIGHT MULTIPLE RESIDENTIAL (R-2) ZONE. WHEREAS, on October 17, 2017 and November 7, 2017, Ky Do and Binh Vinh Tran submitted a Conditional Use Permit, requesting to operate a place of religious assembly at 7516 Emerson Place; WHEREAS, 7516 Emerson Place, is located in a Light Multiple Residential (R-2) zoning district; WHEREAS, Section 17.132.040 of the Rosemead Municipal Code provides the criteria for a Conditional Use Permit; WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.120.110 of the Rosemead Municipal Code authorize the Planning Commission to approve changes to development or new use authorized through a permit granted in compliance with the zoning code; WHEREAS, on November 8, 2017, 44 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 Conditional Use Permit 16-08; WHEREAS, on November 20, 2017, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 16-08; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that Conditional Use Permit 16-08 is classified as a Class 3 Categorical Exemption, pursuant to Section 15303. Section 15303 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of the construction and location of limited numbers of new, Planning Commission Meeting November 20, 2017 Page 7 of 14 small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Accordingly, Conditional Use Permit 16-08 and is classified as a Class 3 Categorical Exemption, pursuant to Section 15303 of CEQA guidelines. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 16-08, in accordance with Section 17.132.040 of the Rosemead Municipal Code as follows: A. Approval of the application will not be or incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare. FINDING: The proposed use will not be incompatible or injurious to the residential uses on the adjacent properties as places of religious assembly is a use that may be conditionally permitted within the residential zones. Conditions of approval for the limited hours of operation, lighting, and construction will protect the public health, safety, and general welfare of the surrounding neighborhood. B. The use is consistent with the General Plan. FINDING: According to the General Plan, in residential areas, in addition to the primary residential use, accessory structures, group homes, religious and charitable organizations are permitted consistent with State law and zoning ordinance requirements. C. The use is consistent with the provisions of this Zoning Code. FINDING: The use is consistent with the applicable provisions of the Zoning Code. D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. FINDING: Section 15303 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Accordingly, Conditional Use Permit 16-08 are classified as a Class 3 Categorical Exemption, pursuant to Section 15303 of CEQA guidelines. E. If development is provided for under the Conditional Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district. Planning Commission Meeting November 20, 2017 Page 8 of 14 FINDING: The project site is located in a R-2 zoning district. The R-2 zoning district identifies areas characterized by single-family dwellings and duplexes. The R-2 standards are intended to maintain the character of existing neighborhoods while allowing the opportunity for duplex and smaller lot single-family development that is consistent with the General Plan Medium Density Residential land use designation. In addition to the residential use, the General Plan Land Use Element permit other uses, such as religious organizations. The project will maintain the character of the existing neighborhood as it was designed based on applicable R-2 zoning district standards. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 16-08, permitting the operation of a place of religious assembly at 7516 Emerson Place, 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 November 20, 2017, by the following vote: AYES: NOES: ABSTAIN: ABSENT: SECTION 6. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED, and ADOPTED this 20th day of November, 2017. Sean Dang, Chair Planning Commission Meeting November 20, 2017 Page 9 of 14 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 November, 2017, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Ben, Kim Secretary APPROVED AS TO FORM: Kane Thuyen, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting November 20, 2017 Page 10 of 14 ATTACHMENT"A" (PC RESOLUTION 17-21) CONDITIONAL USE PERMIT 16-08 7516 EMERSON PLACE (APN: 5286-017-004) CONDITIONS OF APPROVAL NOVEMBER 20, 2017 Standard Conditions of Approval 1. Conditional Use Permit 16-08 ("Project') is approved for the operation of a place of religious assembly at 7516 Emerson Place, in accordance with the plans marked Exhibit "B", dated November 6, 2017. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 2. The following conditions must be complied to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. & The conditions of approval listed on this exhibit shall be copied directly onto any development plans submitted to the Planning and Building Divisions. The applicant shall ensure that all conditions of approval have been met and are in full force prior to the issuance of a building permit or Certificate of Occupancy as determined by the Director of Community Development. 4. Approval of Project shall not take effect for any purpose until the applicant(s) have filed with the City of Rosemead ("City") a notarized affidavit stating that he/she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions within ten (10) days from the Planning Commission approval date. 5. The on-site public hearing notice posting shall be removed by the end of the 10 - day appeal period of Project. 6. Project approval is valid for one (1) year from the Planning Commission approval date. The entitlement shall not be deemed exercised until a building permit has been issued and the project has commenced construction ("break ground"), or has commenced permitted use in compliance with the conditions of approval. If said entitlement is not exercised or a time extension has not been granted during this time frame, this approval shall automatically expire without further action by the City. Request for time extension shall be submitted to the Planning Division within 30 calendar days prior to expiration. If Project has been unused, abandoned, or discontinued for a period of one (1) year, this entitlement approval shall become null and void. Planning Commission Meeting November 20, 2017 Paqe 11 of 14 7. The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications to the project and to these conditions of approval, 8. Project is granted or approved by the City, and 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 Project. 9. The applicant(s) shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and/or City Council concerning the project, which action is brought within the time period provided by law. 10. The applicant(s) shall comply with all Federal, State, and local laws relative to the approved use, including the requirements of the Planning, Building, Fire, Sheriff, and Health Departments. 11. Building permits will not be issued in connection with any project until such time as all plan check fees and all other applicable fees are paid in full. Prior to issuance of building permits, any required school fees shall be paid. The applicant shall provide the City with written verification of compliance from the applicable school districts. 12. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of 3/4 inch, 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 Community Development Director, or his/her designee, prior to installation. 13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or on any federal holiday, without prior approval by the City. The applicant shall abide by the noise control sections of the Rosemead Municipal Code. 14. The Building Division, Planning Division, and Engineering Division shall have access to the project site at any time during construction to monitor progress. Planning Commission Meeting November 20, 2017 Page 12 of 14 15. All requirements of the Building and Safety Division, Planning Division, and Engineering Division shall be complied with prior to the final approval of the proposed construction. 16. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. 17. The site shall be maintained in a graffiti -free state. Any graffiti shall be removed within twenty-four (24) hours. 18. The site shall be maintained in a clean, weed and litter free state Planning Division 19. The hours of operation for assembly purposes shall be limited to 11:00 a.m. to 3:00 p.m. 20. All noise shall abide by Rosemead Municipal Code Chapter 8.36. 21. Any smoke or emission, other than water vapor, that is visible to the naked eye shall not be emitted from a vent, stack, chimney, window, door, or combustion process and shall not violate any standards established by the South Coast Air Quality Management District and the California Air Resources Board. 22. The place of religious assembly shall not produce any obnoxious or adverse odor that can be detected beyond the boundary of the lot in which it is occupied. 23. All outdoor kitchen appliances and portable shade structures shall be removed. 24. The trash enclosure shall be constructed to match the proposed fencing. A solid roof cover, to the satisfaction of the Planning Division, shall be provided for the trash enclosure. The roof shall provide adequate clearance to allow complete access of waste bins. The trash enclosure shall be equipped with self-closing, solid, doors. 25. Exterior lighting shall be of low intensity and shielded so that light will not spill out onto surrounding properties or project above the horizontal plane. Public Works Department 26. Install driveway approach per SPPWC Standard Plan 110-2. 27. All work proposed within the public right-of-way shall require permits from the Public Works Department. 28. Install one (1) 24 -inches box parkway tree per SPPWC Standard Plan 520-4. Planning Commission Meeting November 20, 2017 Paoe 13 of 14 29. Remove existing and install 4 -inches thick PCC Sidewalk from property line to property line. 30. Remove existing and install PCC curb and gutter from property line to property line per SPPWC Standard Plan 120-2. Planning Commission Meeting November 20, 2017 Page 14 of 14 EXHIBIT "C" 15286 I7 I tFROSPECT AVE, cia�Oz EMERSON _�"O"" PL. b � b PflOSPECT AVE. WILDWOOD TRACT SUB. OF THE GARVEY RANCH ...0 OFMbGEl ;ULIF. COOE 3917 M.B.46-6 M. R.52-43-44 roF I1h. ASSMI. s.: 1500 -IT E I i 5O I W I 0 4Q o Q I 3 o a BLK. 2 o > Q I OLOT7 PROJECT s° u.w d36a 3r, SITE° Z02. 9d 8 e zo o° z 'J I o I I g nl � 50 I WHITMORE ST. PflOSPECT AVE. WILDWOOD TRACT SUB. OF THE GARVEY RANCH ...0 OFMbGEl ;ULIF. COOE 3917 M.B.46-6 M. R.52-43-44 roF I1h. ASSMI. s.: 1500 -IT E f LiVie TO 13 A4 OT 0 - rt to o C' 1-11) o vii s 16' 1-10 0 N1I 19 (�­o (V EXHIBIT D