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PC - Item 3A - MOD 19-01ROSEMEAD PLANNING COMMISSION STAFF REPORT _______________________________________________________ TO: THE HONORABLE CHAIR AND PLANNING COMMISSION FROM: PLANNING DIVISION DATE: DECEMBER 2, 2019 SUBJECT: MODIFICATION 19-01 8526 VALLEY BOULEVARD SUMMARY Gerard Yang has submitted a Modification Application (“Modification 19-01”) requesting to amend Modification 13-01, which was approved by the Planning Commission on May 20, 2013. Specifically, Modification 13-01 was approved with Condition of Approval Nos. 1 and 37, which limited the square footage and percentage of restaurant or fast food use within the shopping center (“Lucky Plaza”). The said Modification 19-01 would amend Condition of Approval No. 1 and delete Condition of Approval No. 37, allowing for additional restaurant or fast food use to be established in the shopping center. ENVIRONMENTAL DETERMINATION Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Accordingly, MOD 19-01 is classified as Class 1 Categorical Exemption, pursuant to Section 15301 of CEQA guidelines. STAFF RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 19-12 with findings (Exhibit “A”), and APPROVE Modification 19-01, subject to the 40 conditions outlined in Attachment “A” attached hereto. PROPERTY HISTORY AND DESCRIPTION Lucky Plaza is located at the southwest corner of Walnut Grove Avenue and Valley Boulevard. The project area consists of three parcels totaling 69,561 square feet (1.59- acres) plus approximately 36,498 square feet of Los Angeles County Flood Control property for parking. The site is currently developed with a 3,378 square foot McDonald’s Planning Commission Meeting December 2, 2019 Page 2 of 14 restaurant building and two commercial buildings totaling 25,500 square feet. Per Planning Division records, several entitlements were approved by the Planning Commission since 2001. Below is a summary of the entitlements in chronological order: Design Review 01-89 and Zone Variance 01-303 On January 21, 2001, the Planning Commission approved Design Review 01- 89 and Zone Variance 01-303 for the construction of a 3,378 square foot McDonald’s restaurant building and parking lot. Design Review 03-104 On June 16, 2003, the Planning Commission approved Design Review 03-104 for the development of three new commercial buildings totaling 30,000 square feet in addition to the existing McDonald’s restaurant building. Design Review 03-104 (Modification) The project was modified on July 18, 2005, under Design Review 03-104 (Modification). The applicant proposed to downsize the project from the three approved buildings to two buildings totaling 25,500 square feet of office and retail use. A Condition of Approval No. 37 (Resolution No. 05-26), attached as Exhibit “C” was included, which prohibited any restaurant and fast food use within the two buildings as follows: “37. No restaurant or food uses shall be permitted in Building A or Building B due to parking constraints.” Modification 13-01 On May 20, 2013, a second Modification was presented to the Planning Commission for an amendment to the aforementioned Resolution No. 05-26, Condition of Approval Nos. 1 and 37 (Design Review 03-104). The item was continued to June 3, 2013, due to concerns related to traffic and the height of an existing wall located along the west property line. At this meeting, the Planning Commission approved the amendment of Condition of Approval Nos. 1 and 37, by allowing the requested 10,000 square feet of restaurant and fast food use. A copy of both staff reports with minutes have been included as Exhibit “D” and Exhibit “E”, respectively. The amended Condition Nos. 1 and 37 (Resolution No. 13-06) are as follows: “1. Design Review 03-104 (Modification) is approved for the [sic] for the construction of a 28,000± square foot shopping center in accordance with the plan marked Exhibit “B” dated June 14, 2005. Modification 13-01 is approved for 10,000 of restaurant or fast food use and 15,500 square feet of retail or office use in Buildings A and B. Any revisions to the approved plans and colored Planning Commission Meeting December 2, 2019 Page 3 of 14 elevations must be resubmitted for review and approval by the Community Development Department.” “37. Building A and B shall consist of up to 10,000 square feet of restaurant or fast food use and 15,500 square feet of retail or office use. Restaurant uses shall open to the outside of the site or towards the McDonald’s pad and not toward the housing adjacent to the west of the site. In addition, no less than seventy (70) percent of the restaurant use allowed by this condition shall be located in Building A. (MODIFIED BY THE PLANNING COMMISSION ON JUNE 3, 2013)” Elevation from Northeast Corner of Walnut Grove Avenue and Valley Boulevard (Existing) Site and Surrounding Land Uses The project site is designated in the General Plan as Commercial and on the zoning map as Medium Commercial with a Design Overlay (C-3/D-O) zone. The site is surrounded by the following land uses: North: General Plan: Commercial Zoning: Medium Commercial with a Design Overlay(C-3/D-O) Land Use: Commercial South: General Plan: Low Density Residential Zoning: Planned Development (P-D) Land Use: Residential East: General Plan: High Intensity Commercial Zoning: Regional Commercial with a Design Overlay(C-4/D-O) Land Use: Commercial and Residential West: General Plan: Commercial and Low Density Residential Planning Commission Meeting December 2, 2019 Page 4 of 14 Zoning: Medium Commercial with a Design Overlay and Planned Development (C-3/D-O and P-D) Land Use: Commercial and Residential DISCUSSION The applicant is requesting to remove the limitations of restaurant and fast food use within the shopping center due to leasing complications within the last year. The applicant has indicated that there is a decline in retail leasing due to an increase in e-commerce. For this reason, they would like to extend future leasable square footage to all uses with no specific limitations to restaurant or fast food use. Staff has carefully reviewed the applicant’s request to verify that the proposed development would remain in conformity with the standards of the Rosemead Municipal Code, if Condition of Approval No. 1 is amended and Condition of Approval No. 37 is deleted. According to the Rosemead Municipal Code (RMC) Section 17.04.050, a shopping center is defined as a commercial site with two or more separate businesses managed as a total entity sharing common access, circulation, signage, and pedestrian and parking areas, so that a public right-of-way does not need to be used to get from one business to another in the C-1, C-3, and CBD zones. As defined, Lucky Plaza meets the definition of a shopping center with 21 separate businesses. A table of the existing businesses within the shopping center can be found on page 4. Existing Uses within the Shopping Center Building A Use Unit Building Area (S.F.) Sam Woo BBQ Restaurant 4,309 Fotile Star Retail 1,085 J&A Cell Retail 1,140 MJ Noodles Restaurant 1,024 J&C Snack Shop Retail 1,009 Mr. Dragon Noodle House Restaurant 2,086 VS Fashion Retail 1,020 Sweet Lab Restaurant 902 Momoko Beauty Retail 925 Building B Use Unit Building Area (S.F.) Bay Island Cafe Restaurant 1,852 USA Photo Studio Retail 1,070 AAA Lucky Market Retail 1,000 Hong Kong SW, Inc. Office 950 Bare Effects Beauty Studio Beauty Salon 945 Elite Global Lending, Inc. Office 945 Healthy Body Foot Spa Massage Establishment 1,890 The Vape Site Retail 790 Broadway Kitchenware Retail 707 Nails Nap Beauty Salon 925 Ke Studio Beauty Salon 926 Existing Building Use Unit Building Area (S.F.) McDonald’s Restaurant Restaurant/Fast Food Use 3,378 Planning Commission Meeting December 2, 2019 Page 5 of 14 The modification request would not affect the current off-street parking requirements. Per Rosemead Municipal Code Table 17.112.040.1, a shopping center that has more than four tenants is parked at a ratio of 1 parking space for every 250 square feet of floor area if the total combined floor space of all structures on the parcel is up to 100,000 square feet of floor area. Based on this parking requirement, the shopping center would require a total of 116 parking spaces. Currently, the shopping center provides a total of 153 parking spaces, which results in a surplus of 37 parking spaces. Use Total Building Area (s.f.) Parking Ratio Required Parking Spaces Provided Parking Spaces Surplus Parking Spaces Shopping Center 28,878 1 space/ 250 s.f. 116 153 37 Proposed Amendment to Modification 13-01 The following amendments are proposed through this application. *Strikethrough text shows proposed language to be removed. “1. Design Review 03-104 (Modification) is approved for the [sic] for the construction of a 28,000± square foot shopping center in accordance with the plan marked Exhibit “B” dated June 14, 2005. Modification 13- 01 is approved for 10,000 of restaurant or fast food use and 15,500 square feet of retail or office use in Buildings A and B. Any revisions to the approved plans and colored elevations must be resubmitted for review and approval by the Community Development Department.” “37. Building A and B shall consist of up to 10,000 square feet of restaurant or fast food use and 15,500 square feet of retail or office use. Restaurant uses shall open to the outside of the site or towards the McDonald’s pad and not toward the housing adjacent to the west of the site. In addition, no less than seventy (70) percent of the restaurant use allowed by this condition shall be located in Building A. (MODIFIED BY THE PLANNING COMMISSION ON JUNE 3, 2013)” As a result of the applicant’s request for this modification and to ensure that the proposed additional square footage of restaurant or fast food use would not impact trash facilities within the development, staff is adding a condition of approval requiring that the City’s trash service provider confirm that the existing trash enclosures can accommodate the uses within the shopping center. MUNICIPAL CODE REQUIREMENTS Rosemead Municipal Code Section 17.28.020(C) provides the criteria by which the Planning Commission may approve, approve with conditions, or deny an application. Planning Commission Meeting December 2, 2019 Page 7 of 14 EXHIBIT “A” PC RESOLUTION 19-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 19-01, AMENDING CONDITION OF APPROVAL NO. 1 AND DELETING CONDITION OF APPROVAL NO. 37, ALLOWING FOR ADDITIONAL RESTAURANT OR FAST FOOD USE TO BE ESTABLISHED IN THE SHOPPING CENTER. THE SUBJECT SITE IS LOCATED AT 8526 VALLEY BOULEVARD, IN THE MEDIUM COMMERCIAL WITH A DESIGN OVERLAY (C-3/D-O) ZONE. WHEREAS, on October 7, 2019, Gerard Yang submitted a Modification Application requesting to amend Modification 13-01, by modifying Condition of Approval Number 1 and deleting Condition of Approval Number 37, to remove the limitation of square footage and percentage of restaurant or fast food use within the shopping center; WHEREAS, 8526 Valley Boulevard is located in the Medium Commercial with a Design Overlay (C-3/D-O) Zoning District; WHEREAS, Section 17.120.110(C) of the Rosemead Municipal Code provides the criteria for authorizing changes to an approved project; WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.28.020(C) of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or deny changes to developments or new uses authorized through a permit granted in compliance with the zoning code; WHEREAS, on November 21, 2019, 43 notices were sent to property owners within a 300-foot radius from the subject property, the notice was published in the Rosemead Reader, and notices were posted in six (6) public locations and on site, specifying the availability of the application, and the date, time, and location of the public hearing for Modification19-01; WHEREAS, on December 2, 2019, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 19-01 and amended Condition of Approval No. 1 and deleted Condition of Approval No. 37; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. Planning Commission Meeting December 2, 2019 Page 8 of 14 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that Modification19-01 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of the California Environmental Quality Act guidelines. Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. SECTION 2.The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 19-01, in accordance with Section 17.120.110(C) of the Rosemead Municipal Code as follows: A. Per Rosemead Municipal Code, Section 17.120.110(C), a proposed change that does not comply with the criteria identified in subsection B of [RMC Section 17.120.110], or any other provision of the Zoning Code, may only be approved by the original review authority for the project through a modification permit application filed and processed in compliance with [RMC Chapter 17.120]. FINDING: Staff has verified that the proposed modification would be in compliance with all applicable sections of the Rosemead Zoning Code. The amendments to Modification 13-01 would reflect the City’s definition of a shopping center. In addition, the shopping center currently provides a total of 153 parking spaces onsite. Based on this ratio, the shopping center has a surplus of 37 parking spaces. Furthermore, all applicable conditions of approval of Modification 13-01 would apply. SECTION 3. The Planning Commission HEREBY APPROVES Modification19-01, an amendment to Modification 13-01, amending Condition of Approval No. 1 and deleting Condition of Approval No. 37 to remove the limitations of restaurant or fast food use within the Lucky Plaza shopping center located at 8526 Valley Boulevard, and subject to the conditions listed in Attachment “A” attached hereto and incorporated herein by reference. SECTION 4. This action shall become final and effective ten (10) days after this decision by the Planning Commission, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Rosemead Municipal Code, Section 17.160.040 – Appeals of Decisions. SECTION 5. This resolution is the result of an action taken by the Planning Commission on December 2, 2019, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Planning Commission Meeting December 2, 2019 Page 9 of 14 SECTION 6. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED, and ADOPTED this 2nd day of December, 2019. ________________________________ Nancy Eng, Chair CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 2nd day of December, 2019 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Ben Kim, Secretary APPROVED AS TO FORM: ________________________________ Kane Thuyen, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting December 2, 2019 Page 10 of 14 ATTACHMENT “A” (PC RESOLUTION 19-12) MODIFICATION 19-01 8526 VALLEY BOULEVARD (APNs: 5371-011-015, 016, & 017) CONDITIONS OF APPROVAL DECEMBER 2, 2019 Standard Conditions of Approvals 1. Design Review 03-104 (Modification) is approved for the [sic] for the construction of a 28,000± square foot shopping center in accordance with the plan marked Exhibit “B” dated June 14, 2005. Any revisions to the approved plans and colored elevations must be resubmitted for review and approval by the Community Development Department. 2. Approval of Design Review 03-104 (Modification) shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he/she is aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions. 3. Design Review 03-104 (Modification) is approved for a period of one (1) year. Applicant shall make progress towards initiation of proposed use or request an extension 30 days prior to expiration from the Planning Commission. Otherwise Design Review 03-104 (Modification) shall become null and void. 4. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 5. Prior to the issuance of building permits, all fees payable under State Law shall be paid. 6. Planning staff shall have access to the subject property at any time during construction to monitor progress. 7. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Department. 8. The numbers of the address signs shall be at least 6" tall with a minimum character width of 1/4", contrasting in color and easily visible at driver's level from the street. The location, color and size of such sign shall be subject to the approval of the Planning Director. Planning Commission Meeting December 2, 2019 Page 11 of 14 9. Applicant shall obtain a public works permit for all work in or adjacent to the public right-of-way. 10. All conditions of Case No.: DESIGN REVIEW 03-104 must be complied with to the satisfaction of the Director of Planning. 11. A permanent maintenance program of all landscaping shall be provided insuring regular irrigation, fertilization and weed abatement. 12. Window signage area shall be limited to a maximum of 15% of the window and door area. Applicant shall remove that signage which exceeds the 15% coverage area. 13. Signs shall comply with the sign program indicated in this report and that of Chapter 17.104 of the Rosemead Municipal Code. A uniform signage program shall be developed and submitted to the Planning Department for review and approval. 14. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the planning and building departments for review. 15. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 16. The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within twenty-four (24) hours. A 24-hour, Graffiti Hotline can be called at (626) 307-0463 for assistance. 17. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010-8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times. 18. Adequate lighting shall be provided in the vehicle parking area. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. 19. The parking area, including handicapped spaces, shall be paved and re-painted periodically to City standards to the satisfaction of the Planning Department. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking venues shall be striped. Such striping shall be maintained in a clear, visible, and orderly manner. 20. Pursuant to California Vehicle Code Section  22261.8, at least two (2) percent of the required parking stalls shall be designated for handicap space. A letter by the property owner shall be given to the city authorizing enforcement. Planning Commission Meeting December 2, 2019 Page 12 of 14 21. The parking space markers—including double striping, wheel stops, and handicapped--shall be repainted periodically to city standards and to the satisfaction of the planning department. 22. The applicant shall keep the electrical and mechanical equipment and/or emergency exits free of any debris, storage, furniture, etc and maintain a minimum clearance of five (5) feet. 23. Any changes to the condition of operation listed in this Exhibit “A” must be first approved by the Planning Commission through a modification application. 24. The Planning Department staff shall conduct periodic inspections during the construction process of this proposed development. 25. A landscape and irrigation plan shall be submitted to the Planning Department prior to issuance of Building Permits. The landscape/ irrigation plan shall include an automatic sprinkler system and moisture sensors. 26. All existing structures on the site shall be demolished within ninety (90) days of this approval. 27. Prior to construction commencing, the contractor shall schedule a pre- development meeting with the Planning Department staff to review the conditions of approval and construction plans. 28. The exterior wall areas of the raised center elements shall have a smooth plaster finish, with the remaining stucco wall areas to match the sand finish of the existing McDonalds Restaurant. 29. Cornice details on all six (6) towers shall be removed and replaced with decorative cut exposed rafter tails, with a minimum 24” eave overhang. 30. All wall surface areas on all six (6) towers must be covered with stone veneer including all columns at the base of the towers. 31. Two (2) additional trash enclosures shall be provided on the site; one (1) on the south end of the parking lot and one (1) on the west end of the parking lot. 32. The trash enclosures must have a solid roof top. The trash enclosure shall have opaque steel self-closing and self-latching doors. The trash area must be maintained and the opaque doors shall be closed at all times. 33. If it is found that the property owner does not own the underlying ground, an ingress/egress covenant shall be recorded between the developer and the Los Angeles County Flood Control District that grants the developer a long-term lease to construct a parking lot for the proposed development over the Rubio Wash. Planning Commission Meeting December 2, 2019 Page 13 of 14 34. Each driveway entrance shall be paved with stamped, colored concrete to match existing driveway entrances to the McDonald’s development. 35. A reciprocal ingress/egress/parking covenant shall be recorded between all parcels that requires the development provide parking spaces for the McDonald’s site for the live of the development. 36. The applicant must obtain a Building Permit from the County of Los Angeles for the construction of a parking lot over the Rubio Wash. 37. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings. 38. Screening shall be provided on the entire west property line in the form of a 3’-0” split face block wall if the shrubbery is not dense enough to prevent light from spilling over into the adjacent lots. If required to provide additional screening and the owners of the adjacent lots are willing to provide access, therefore, additional shrubbery shall be provided to the satisfaction of Planning Division staff. (MODIFIED BY THE PLANNING COMMISSION ON JUNE 3, 2013) 39. Modification 13-01 is granted or approved with the City, its Planning Commission, and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Modification 13-01. 40. The applicant shall work with the City’s trash service provider to ensure that the existing trash enclosures can accommodate additional restaurant or fast food use within the shopping center. Should additional trash facilities be required, the applicant shall work with the City to meet the requirements. Planning Commission Meeting December 2, 2019 Page 14 of 14 EXHIBIT “F” SUBJECT SITE