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PC - 2009-07 - Approving a Request by Mikes Fabrics to Construct a New Landscape Parking Lot Located at 9040-9046 Valley BlvdPC RESOLUTION 09-07 A RESOLUTION OF THE 'PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING A REQUEST BY MIKES FABRICS FOR DESIGN ` REVIEW 09-01 FOR THE PURPOSE CONSTRUCTING A NEW LANDSCAPED PARKING LOT AND DEMOLISHING AN EXISTING BUILDING, LOCATED AT 9040- 9046 VALLEY BOULEVARD IN THE CBD-D (CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY) ZONE (APNS: 8954-001-009,026, AND 011). WHEREAS, on January 12, 2009, Alberto V. Luis on behalf of Mikes Fabrics filed a Design Review application to demolish an existing commercial structure for the purpose of constructing a new parking lot for the business, located at 9040-9046 Valley Boulevard; and WHEREAS, 9040-9046 Valley Boulevard is located in the CBD-D (Central Business District with Design Overlay) zoning district; and WHEREAS, Section 17.72.050 of the Rosemead Municipal Code (RMC) provides the purpose and criteria for a design review; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.72.050 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny design review applications; and WHEREAS, on March 26, 2008, fifty-four (54) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices posted in five (5) public locations and on-site, specifying the availability of the application, plus the date, time and location of the public hearing for Design Review 09-01; and WHEREAS, on April 6, 2009, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 09-01; 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 Design Review 09-01 is classified as a Class 11 Categorical Exemption pursuant to Section 15311(a) of CEQA guidelines. Section 15311(a) of the California Environmental Quality Act exempts projects that consist of the construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to new parking lots. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 09-01 in accordance with Section 17.72.030 et seq., of the Rosemead Municipal Code as follows: A. The plans indicate proper consideration for the relationship between the proposed building and site developments that exist or have been approved for the general neighborhood; FINDING: The proposed parking lot has been designed to reflect conformance with existing codes in terms of size, ADA accessibility, and back up space. The proposed landscaping is in excess of the City's code requirements and will ensure a harmonized and attractive environment. The applicant has provided an aesthetically pleasing parking lot design and the proposed improvements will vastly improve the existing property. The proposed project is consistent with the goals and policies of the Land Use Element of the City's General Plan in that it calls for the upgrading of commercial uses by implementing architectural and design reviews of proposals for new a project. The new building paint will improve the existing storefront and give the building an up-to-date look which will be consistent with other newer buildings within close proximity to the site. B. The plan for the proposed building and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations and other factors which may have an adverse effect on the environment, and the manner of screening mechanical equipment, trash, storage and loading areas. FINDING: The parking lot will be appropriate for the subject site. The parking lot will actually improve parking conditions for the existing development, as there is currently not any legal parking for the business. This proposal will not adversely affect surrounding properties, but rather be a general improvement to the area. Staff has added a condition of approval that the 5'-11" wide planter that is proposed along the entire south property line be landscaped with evergreen trees to provide a buffer between the existing residences and the parking area. A condition of approval will require that all parking lot lighting be fully shielded and downward facing to mitigate glare on adjacent properties. Lastly, conditions of approval have been incorporated to eliminate any adverse effects on the environment as a result of the proposed project. Conditions of approval will specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, and the overall maintenance of the property. C. The proposed building or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing buildings or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value; FINDING: The proposed parking lot and building improvements will not be unlike other structures and parking areas for other businesses close by and on adjacent properties. The improvements will enhance the site and could potentially improve property values. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in those instances where buildings are within or adjacent to land shown on the General Plan as being part of the Civic Center or in public or educational use, or are within or immediately adjacent to land included within any precise plan which indicates building shape, size or style. FINDING: The new building paint and installation of the new landscaped parking lot will create a development that is aesthetically pleasing and enhance land values in the general area. The new paint will upgrade the existing facade, by using a natural color which will be in harmony with existing buildings in the general area. The new landscaping will substantially improve the visual appearance of the site. Lastly, the property is not part of the Civic Center Plan, precise plan or land reserved for public or educational use. E. The proposed development is in conformity with the standards of this code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved. FINDING: This existing development is within substantial conformance with the minimum code requirements for the CBD-D (Central Business District with Design Overlay) zone. F. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaries, and other site feature indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual appearance of the development from the public right-of-way. FINDING: Consideration has been given to automobile and pedestrian circulation in terms of how the parking lot was designed. The applicant has proposed to provide walkways in certain locations to make sure that employees and patrons do not have to walk through the parking lot to gain access to the business. There is an existing building wall sign, and no additional signage is proposed. In addition, the proposed building upgrades will improve the visual effect of the site from the view of the public streets, primarily Valley Boulevard. SECTION 3. The Planning Commission HEREBY APPROVES Design Review 09-01 to allow the applicant to demolish and existing building, and to build a new landscaped parking lot, located at 9040-9046 Valley Boulevard, subject to conditions listed in Exhibit "B" 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 Article IX - Planning and Zoning of the Rosemead Municipal Code. SECTION 5. This resolution is the result of an action taken by the Planning Commission on April 6, 2009, by the following vote: YES: GAY, KUNIOKA, AND LOPEZ NO: NONE ABSENT: CAM AND VUU ABSTAIN: NONE 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 6th day of April, 2009. 0--0 Daniel Lopez, Chai an 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 6`h day of April, 2009 by the following vote: YES: GAY, KUNIOKA, AND LOPEZ NO: NONE ABSENT: CAM, VUU ABSTAIN: NONE Sheri Bermejo, Secretary EXHIBIT "B" DESIGN REVIEW 09-01 9040-9048 VALLEY BOULEVARD (APN's: 8594-001-009, 026, and 011 CONDITIONS OF APPROVAL April 6, 2009 1. Design Review 09-01 is approved for demolition of an existing building, and the construction of a new landscaped parking lot at the existing Mikes Fabrics to be developed in accordance with the plans marked Exhibit "C", dated March 23, 2009. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building divisions for review. 3. Design Review 09-01 is approved for one (1) year from the Planning Commission approval date. The applicant shall make progress towards initiation of proposed use, or request an extension from the Planning Division within 30 days prior to expiration date. Otherwise Design Review 09-01 shall become null and void. 4. The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications. 5. The following conditions must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 6. Design Review 09-01 is granted or approved with 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 Design Review 09-01. 7. The applicant 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. 8. Approval of Design Review 09-01 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. 9. 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. 10. Permits to demolish the existing structure at 9046 Valley Boulevard and begin commencement of the construction of the parking lot 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. 11. 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 Principal Planner, any designee thereof, prior to installation. 12. All requirements of the Building and Safety Division and the Planning Division shall be complied with prior to the final approval of the proposed construction. 13. 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. 14. The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday to Saturday. No construction shall take place on Sundays or on any legal holidays without prior approval by the City. 15. The Planning staff shall have access to the subject property at any time during construction to monitor progress. 16. Applicant shall obtain a public works permit for all work in or adjacent to the public right-of-way. 17. The parking lot shall comply with the adopted standards in the Rosemead Municipal Code, including the requirements as listed in Section 17.84 of the same code. 18. 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) 569-2345 for assistance. 19. 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. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. The trash enclosure doors shall be closed at all times. 20. 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 stalls shall be double striped and have wheel stops. Such striping shall be maintained in a clear, visible, and orderly manner. 21. At least one of the required parking stalls shall be designated for handicap space as shown on the approved plans and pursuant to California Vehicle Code Section 22511.8. A letter by the property owner shall be given to the City for authorizing enforcement. 22. All open area not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis, and landscaping shall substantially conform to the landscape plan shown in Exhibit "C" page A-2 as submitted to the City on March 23, 2009. 23. The landscaped areas shall be maintained with adequate landscaping on a regular basis, including the removal of trash and litter, the replanting of dead or missing shrubs and plants as shown on the aforementioned plans, as well as the periodic pruning of dead limbs and branches as necessary. Plants and trees shall be watered with an automatic controlled drip irrigation system and moisture censors. 24. A final landscape and irrigation plan shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. The landscape and irrigation plan shall include a sprinkler system with automatic timers and moisture sensors. The final plan shall incorporate evenly spaced vine pockets along the south and east property lines, and 24-inch box evergreen shade trees shall be planted every ten feet within the planter along the south side of the lot. Landscaping along the south wall between the parking lot and adjacent residential properties, shall include at least two rows of plantings with evergreen plants and trees that form a hedge, and Lily of the Nile in the front closest to the parking lot. 25. All existing street trees shall in front of the building shall remain untouched by the applicant during and after the construction of the parking lot. Street trees along Valley Boulevard are to be maintained by the City at all times. 26. The proposed block wall in the front landscaped area shall match in color and texture as shown on color board provided to the City, and shall conform to the specifications and details as shown in Exhibit "C", page A-3 as submitted to the City on March 23, 2009. Furthermore, the existing nonconforming wall on the south property line shall be raised to six feet tall to conforming to existing city codes. All walls, including all existing walls, shall have a CMU top cap, and those portions of the wall visible from the parking lot shall also treated with a stucco finish. The requirement for a stucco finish shall not apply to the decorative three (3) foot tall wall at the parking lot's entry. 27. The building shall be repainted to match the color provided to the City on the materials and color board, March 25, 2009. Painting shall include all surfaces with exception to the brick work and glass on the existing building, which shall remain in their current state. 28. Window signage shall cover no than fifteen (15) percent of any window. The existing window signage shall be reduced to satisfy this condition of approval. 29. The applicant shall apply for, and receive approval of a lot-line adjustment to combine all of the parcels associated with the project into one new parcel. This must take place prior to the issuance of any permits to construct the parking lot, but may happen simultaneously with the repainting of the building and the demolition of the building at 9046 Valley Boulevard. 30. The trash enclosure doors shall be painted black, and the cement walls shall be treated with stucco to match other existing and proposed walls as noted in Condition of Approval #26 above. 31. There shall be no outside storage of fabric or other materials associated with the business. All materials shall be stored entirely within the primary building that houses the business. 32. A security gate shall not be installed so as to prevent cars entering and exiting the subject site any time. The block wall height along the front property line shall not exceed T-0." No additional fencing shall be mounted on top of the block walls. 33. Adequate lighting shall be provided in the vehicle parking area. All exterior lighting shall consist of outdoor bollard lights incorporated into the landscaping areas. Building lights, if used, shall be limited to low pressure sodium lamps, shielded on all sides, and that are directed away from adjacent properties. Wall packs and flood lights shall be prohibited. A final lighting plan shall be required with the submittal of the final landscape plans, and shall be reviewed and approved by Staff prior to the issuance of permits to construct the parking lot. 34. Any parking space abutting a block wall or other obstruction needs to . be widened by two additional feet as required by code. 35. As noted on the submitted plans (Exhibit "C"), the existing apron and driveway into the property shall be removed, and a new concrete curb and sidewalk shall be installed in its place. 36. Future uses at this site shall be limited to those currently listed in RMC Section 17.48.130(C). 37. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10-day appeal period of Design Review 09- 01. 38. All cargo containers onsite shall be removed within 60 days from the approval date of this project. 39. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings.