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PC – 2025-08 – Approving Design Review 23-02, For a New One-Story, 4,960 Sq Ft Commercial Building With Site Improvements. Subject Site is Located at 8500-8512 Garvey Ave (APN: 5283-001-037) in the Medium Commercial (C-3) ZonePC RESOLUTION 25-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 23-02, FOR A NEW ONE-STORY, 4,960 SQUARE FOOT COMMERCIAL BUILDING WITH SITE IMPROVEMENTS. THE SUBJECT SITE IS LOCATED AT 8500-8512 GARVEY AVENUE (APN: 5283-001-037) IN THE MEDIUM COMMERICAL (C-3) ZONE. WHEREAS, on May 8, 2023, Quach Hiep submitted a Design Review application, requesting to demolish all existing structures on-site to construct a new one-story, 4,960 square foot commercial building. The application also incorporates various site improvements such as new perimeter walls, light, a trash enclosure, and landscaping. WHEREAS, 8500-8512 Garvey Avenue is located in the Medium Commercial (C- 3) zone; WHEREAS, Section 17.28.020(C) of the Rosemead Municipal Code provides the criteria for a Design Review; 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 Design Review applications; WHEREAS, on July 10, 2025, Forty-four (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 five (5) public locations and on site, specifying the availability of the application, and the date, time, and location of the public hearing for Design Review 23-02; WHEREAS, on July 21, 2025, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 23-02; 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 23-02 is classified as a Class 3 Categorical Exemption, pursuant to Section 15303 of the California Environmental Quality Act guidelines. Section 15303 of the California Environmental Quality Act guidelines exempts projects consisting of 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. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 23-02, in accordance with Section 17.28.020(C) of the Rosemead Municipal Code as follows: FINDING 1: 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. FACT: The proposed building is located within an established commercial corridor on Garvey Avenue. The project consists of the demolition of all structures on-site for the construction of a new contemporary style commercial building. Design elements of the building consist of a corner tower element, contrasting exterior finishes, high-quality materials such as fiber cement siding, %" stucco reveals, vertical cement plaster design elements, and aluminum awnings, which would be consistent with several commercial and mixed-use developments that have been approved or constructed over the last decade. In addition, various site improvements such as new perimeter walls, lighting, a trash enclosure, and landscaping would improve the appearance of the local environment. FINDING 2: 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. FACT: The proposed structure is designed with side and rear setbacks that exceed the minimum requirements of the C-3 zone, which creates a sufficient buffer between the proposed development and the surrounding properties to protect against noise, vibrations, and other factors, which may have an adverse effect on the environment and neighborhood. In addition, any factors caused by the legal nonconforming auto repair use will be eliminated as the new commercial building and uses would conform and be consistent with the C-3 zone. All construction work would be required to comply with the timeframe and decibel levels indicated in the City of Rosemead Noise Ordinance. Conditions of approval will address factors such as construction hours, noise, landscaping, screening of mechanical equipment, trash, storage and loading areas. A condition of approval has also been incorporated to ensure a Construction Management Plan is submitted for review and approval by the Planning Division, Building and Safety Division, and Public Works Department. As such, the proposed project would not produce any foreseeable adverse impacts. 2 FINDING 3: 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. FACT: The proposed project would not depreciate the appearance and value of the local environment. Staff has worked closely with the applicant to achieve a design that would enhance the surrounding neighborhood. The applicant has proposed a contemporary design, which incorporates some aesthetic characteristics found in previously approved or constructed commercial and mixed-use developments along Garvey Avenue. In addition, various elements have been added to provide architectural interest to the building fagade. This includes a corner tower element serving as a design focal point, contrasting exterior finishes, high-quality materials such as fiber cement siding, W stucco reveals, vertical cement plaster design elements, and aluminum awnings, all of which, help to break up the building's overall profile and create visual interest from the public right-of-way. The use of floor -to -ceiling windows and new LED light fixtures enhances the building's architectural character, promotes visibility, and creates a welcoming and safe pedestrian -oriented retail experience. FINDING 4: The proposed building or structure is in harmony with the proposed developments on land in the general area, especially 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. FACT: The project site is not located in or adjacent to land shown on the General Plan as being part of the Civic Center or in public or education use, or land in any precise plan which indicates building shape, size, or style. The proposed project consists of the construction of a new commercial building with various site improvements that includes a new parking lot, lighting, trash enclosure, and landscaping. The use of contrasting exterior finishes, high quality materials, and a modern color scheme creates a welcoming and safe pedestrian -oriented retail experience and is in harmony with the existing developments in the surrounding vicinity. FINDING 5: 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. FACT: The proposed development satisfies all of the minimum zoning code requirements for the C-3 zone, and all applicable referenced code sections of the Rosemead Municipal Code. FINDING 6: The site plan and the design of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile 3 and pedestrian circulation, and the visual effect of the development when viewed from the public streets. FACT: The project consists of the construction of a new commercial building with various site improvements such as new perimeter walls, lighting, a trash enclosure, and landscaping. The design and construction of this project would provide adequate access and circulation for vehicular and pedestrian traffic as vehicular access to the project site would be from Willard Avenue and the existing driveway along Garvey Avenue will be replaced with a sidewalk for pedestrian access. The aesthetically complementary design will utilize contrasting exterior finishes, high quality materials, and a modern color scheme that will produce a visually pleasing effect of the development from the view of public streets. In addition, the proposed walls, lighting, landscape, trash enclosure, and signs will promote visibility and create a welcoming, clean, and safe pedestrian -oriented retail experience. Conditions of approval are incorporated to address lighting, landscaping, trash, off-street parking, and signage. SECTION 3. The Planning Commission HEREBY APPROVES Design Review 23- 02, permitting a new one story, 4,960 square foot commercial building with site improvements located at 8500 Garvey Avenue, 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 July 21, 2025, by the following vote: AYES: ESCOBAR, LOPEZ, AND UNG NOES: NONE ABSTAIN: NONE ABSENT: BERRY AND TANG 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 215t day of July, 2025. Emm Escobar, Chair 0 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 21 t day of July, 2025 by the following vote: AYES: ESCOBAR, LOPEZ, AND UNG NOES: NONE ABSTAIN: NONE ABSENT: BERRY AND TANG APPR WED AS TO FORM: Stephanie Gutierrez Burke, Williams & Sorensen, LLP 5 AA,02- Gly Valenzuela, Secretary ATTACHMENT"A" (PC RESOLUTION 25-08) DESIGN REVIEW 23-02 8500-8512 GARVEY AVENUE (APN: 5283-001-037) CONDITIONS OF APPROVAL July 21, 2025 Standard Conditions of Approvals 1. Design Review 23-02 ('Project') is approved for the construction of a new one story, 4,960 square foot commercial building with site improvements, in accordance with the plans marked Exhibit "B", dated July 1, 2025. 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. 3. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building and Safety Divisions and the Public Works Department. 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 is approved for a period of one (1) year. The applicant(s) shall commence the approved project or request an extension within 30 calendar days prior to expiration. The one (1) year initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building and Safety Divisions, so long as the project is not abandoned. If Project has been unused, abandoned, or discontinued for a period of one (1) year, it shall become null and void. 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. R Project 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 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 and Safety, Fire, Sheriff, and Health Divisions/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 the 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 and Safety Division, Planning Division, and Engineering Division shall have access to the project site at any time during construction to monitor progress. 15. All requirements of the Building and Safety Division, Planning Division, and Engineering Division shall be complied prior to the final approval of the proposed construction. 16. All ground/roof level mechanical/utility equipment (including meters, back flow prevention 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. 17. The entire parking area, including the parking spaces and maneuvering lanes required by Rosemead Municipal Code Section 17.112.090, shall be paved with asphaltic, concrete surfacing, or other acceptable material in accordance with specifications approved by the City Engineer. It shall be the responsibility of the property owner to ensure that the surface is maintained free from conspicuous cracks or holes. Surfacing required for temporary lots shall be determined by the City Engineer. Parking area(s) shall be maintained free from conspicuous cracks or holes. All parking striping shall be maintained in a clear, visible, and orderly manner to the satisfaction of the Planning Division. 18. The project site 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/or drainage shall take place in accordance with the approved plan. 19. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Project Specific Conditions of Approval 20. All property that is vacant, under construction, or being demolished shall be totally enclosed around the perimeter by a fence that is a minimum of six (6) feet in height as measured from adjacent property, subject to the approval of the Community Development Director or other designated officials. The following requirements shall be satisfied: a. The required fence shall be adequately constructed from chain-link, lumber, masonry or other approved materials. The fence shall be entirely self- supporting and shall not encroach or utilize structures or fencing on any adjacent property without prior written approval of the adjacent property owner. b. The fence shall be installed prior to the initiation of any construction or demolition and shall be continuously maintained in good condition. c. Signs stating "PRIVATE PROPERTY, NO TRESPASSING" shall be posted on the fence. 21. Any exterior lighting shall be fully shielded and directed downwards as to not project over the property lines of the subject site. 0 22. The applicant shall submit a Master Sign Program to the Planning Division for review and approval prior to finalization of building permits for the project. 23. The site shall be maintained in a graffiti -free state. Any graffiti shall be removed within twenty-four (24) hours. In addition, the site shall also be maintained in a clean. weed and litter free state. 24. All walls shall be consistent in appearance and consist of a decorative finish that will match or complement the commercial building unit in color, material, and design. In addition, all gutters, downspouts, mechanical elements, and/or architectural features shall be painted to complement the commercial building. 25. All trash enclosures shall be designed to comply with the Rosemead Municipal Code and be an integral part of the overall project design, utilize complementary colors and materials, meet minimum enclosure dimensions, and incorporate a solid roof cover and doors that are opaque, self-closing, and self -latching. The applicant shall ensure that the specifications of the trash enclosure is compatible with the City's trash provider's requirements. 26. On the same premises with every building, structure or part thereof erected or occupied for manufacturing, storage, warehouse, goods display, department store, wholesale or retail market, hotel, restaurant, hospital, laundry, dry cleaning plant, or other uses similarly involving the receipt or distribution of vehicles carrying materials or merchandise, there shall be provided and maintained on the lot a minimum of one off-street loading space per for each six thousand (6,000) square feet of floor area of building. 27. Prior to the issuance of building permits, the Developer shall develop a comprehensive Construction Management Plan, subject to the review and approval of the Planning Division, Building and Safety Division, and Public Works Department. The Construction Management Plan shall address security of site and equipment, noise, vibrations, traffic control, parking, debris removal, staging, dust control, sanitary facilities, and other potential construction impacts, as well as other details involving the means and methods of completing the project, including the construction equipment route. The City has the authority to require modifications and amendments to the Construction Management Plan as deemed necessary throughout the course of the project and until the final inspection. In addition, a construction notice shall be mailed to residents within a 300' radius from the project site to inform them of the commencement of construction. The notice shall be mailed ten days prior to commencement. 28. The applicant(s) shall submit a final landscape and irrigation plan to the Planning Division prior to the issuance of building permits. The landscape and irrigation plan shall comply with the City's Water Efficient Landscape Ordinance and with the Guidelines for Implementation of the Water Efficient Landscape Ordinance and include a sprinkler system with automatic timers and moisture sensors. All p landscaping and irrigation shall be installed and completed prior to final Planning Division approval. Building and Safety Division Conditions of Approval 29. Plans prepared in compliance with the current Codes shall be submitted to the Building and Safety Division for review prior to permit issuance. In addition, electrical, mechanical, and plumbing plan checks are required. 30. Fees shall be paid to the County of Los Angeles Sanitation District prior to the issuance of building permits. 31. The building shall be addressed as 8500 Garvey Avenue, Unit A through D, and an application to assign unit numbers shall be filed with City prior to plan check submittal. 32. In accordance with paragraph 5538(b) of the California Business and Professions Code, plans are to be prepared and stamped by a licensed architect and structural calculations prepared under the direction of an architect, civil engineer or structural engineer shall be provided. 33. A geotechnical and soils investigation report is required, the duties of the soils engineer of record, as indicated on the first sheet of the approved plans, shall include the following: a. Observation of cleared areas and benches prepared to receive fill; b. Observation of the removal of all unsuitable soils and other materials; c. The approval of soils to be used as fill material; d. Inspection of compaction and placement of fill; e. The testing of compacted fills; and f. The inspection of review of drainage devices. 34. The owner shall retain a soils engineer to prepare a Preliminary Soils and/or Geotechnical Investigation that shall be accepted by the City for observation of all grading, site preparation, and compaction testing. Observation and testing shall not be performed by another soils and/or geotechnical engineer unless the subsequent soils and/or geotechnical engineer submits a request and the Public Works Department accepts a new Preliminary Soils and/or Geotechnical Investigation. 35. A grading and drainage plan shall be submitted and approved prior to issuance of the building permit. The grading and drainage plan shall indicate how all storm drainage including contributory drainage from adjacent lots are carried to the public way or drainage structure approved to receive storm water. 10 36. Prior to the submittal of grading plans to the Building and Safety Division, an LID review shall be completed and approved. 37. All State of California disability access regulations for accessibility shall be complied with. 38. A building permit will not be issued until the property has been surveyed and the boundaries marked by a land surveyor licensed by the State of California. 39. Foundation inspection will not be made until the excavation has been surveyed and the depth of the footings has been determined to be in accordance with the approved plans by a land surveyor licensed by the State of California. THIS NOTE IS TO BE PLACED ON THE FOUNDATION PLAN IN A PROMINENT LOCATION. 40. Plumbing fixtures shall be provided as required by Chapter 4 of the California Plumbing Code. Additional fixtures may be required if not in compliance. 41. The project shall comply with the CalGreen Non -Residential mandatory requirements. 42. No formwork or other construction materials will be permitted to encroach into adjacent property without written approval from the affected property owner. 43. A demolition permit is required for any existing buildings which are to be demolished. 44. All fire sprinkler hangers must be designed, and their location approved by an engineer or an architect. Calculations must be provided indicating that the hangers are designed to carry the tributary weight of the water filled pipe plus a 250 -pound point load. A plan indicating this information must be stamped by the engineer or the architect and submitted for approval prior to issuance of the building permit. A separate permit is required for Fire Sprinklers. Public Works Conditions of Approval 45. A separate permit shall first be obtained from the City Public Works Department prior to the placement of any construction materials or equipment in the public right-of-way. 46. The following public right-of-way improvements are required shall include: A. The rehabilitation of existing AC street pavement along the property frontage to the centerline of the street or payment of an in -lieu fee equal to the estimated cost of street rehabilitation based on the Los Angeles County Land Development Division Bond Calculation Sheets before the issuance of building permits to the satisfaction of the City Engineer or designee. 11 Rehabilitation includes existing and new traffic control devices including but not limited to pavement markers, striping, and markings to the satisfaction of the City Engineer. All striping and markings shall be a minimum of two coats of thermoplastic paint. B. Replacement of existing curb ramp with new curb ramp to correct the alignment with the existing sidewalk in accordance with SPPWC Standard Plan 111-5 Type C curb ramp and as directed by the City Engineer or his/her designee. C. Reconstruction of the driveway approach in accordance with SPPWC Standard Plan 110-2, and as directed by the City Engineer or his/her designee. D. Closure of existing driveway apron(s), and installation of necessary improvements (parkway, landscape, sidewalk, curb and gutter, any others as applicable) to match required adjacent sections, and as directed by the City Engineer or his/her designee. E. Removal and replacement of broken and off grade sidewalk in accordance with SPPWC standard plan 113-2, and as directed by the City Engineer or his/her designee. F. Removal and replacement of broken and off grade curb and gutter in accordance with SPPWC Standard Plan 120-2, and as directed by the City Engineer or his/her designee. 47. All power, telephone, cable television, and all utilities to the project and adjacent to the project shall be installed and relocated underground. Any utilities that conflict with the development shall be relocated at the developer's expense. 48. If applicable, the water hydrant, water meter box and utilities box shall be located eight feet away from parkway trees and three feet away from driveway approach. 49. A Sewer Study shall be reviewed and approved by the City Engineer or his/her designee, prior to the issuance of permits. If the sewer is found to be inadequate, sewer improvement plans shall be submitted to the City for approval and required improvements shall be made at the sole cost to the property owner/developer. 50. If applicable, install a new streetlight to match existing street light standards in the street block, and as directed by the City Engineer or his/her designee. 51. An LID review shall be completed prior to the submittal of grading plans for plan review with the Public Works Department. Grading plans shall be submitted and include proof of approval for the LID review or an exemption for LID review prior to the submittal of grading plans to the Building and Safety Division. If the project requires LID review, the LID approval letter shall be copied and pasted on the first sheet of grading plans. 12 52. An inspection shall be required by the Public Works inspector, prior to Building and Safety Division final of the building permit(s). 53. Conduct a sewer capacity study of existing sewer facilities that serve the proposed development. The developer shall either pay in -lieu fees equal to the estimated cost (based on Los Angeles County Land Development Division Bond Calculation Sheets) of the proposed development's percentage of design capacity of the existing sewer system prior to the issuance of building permits or provide sewer improvements to deficient sewer segments serving the subject property to the satisfaction of the City Engineer. County of Los Angeles Fire Department Conditions of Approval 54. Review and approval by the County of Los Angeles Fire Department, Fire Prevention Engineering Section Building Plan Check Unit is required for this project prior to building permit issuance. Contact the Fire Prevention Engineering Unit at (323) 890-4125 for additional Fire Department requirements and EPICLA submittal instructions. IL