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PC - 2010-28 - Approving Desgn Review 10-03 for Building and Site Improvements to an Existing Commercial Building at 9701 Valley Blvd.PC RESOLUTION 10 -28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 10 -03, FOR BUILDING AND SITE IMPROVEMENTS TO AN EXISTING COMMERCIAL BUILDING, LOCATED AT 9701 VALLEY BOULEVARD IN THE C- 3D /RC -MUDO (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY AND RESIDENTIAL/COMMERCIAL MIXED -USE DEVELOPMENT OVERLAY) ZONE (APN: 8577 - 009 -026). WHEREAS, on June 3, 2010, BP West Coast Products submitted an application to remodel an existing 1,116 square foot commercial building, parking area and landscaping, and to demolish an existing fuel dispenser island canopy at a former gasoline service station, located at 9701 East Valley Boulevard; and WHEREAS, 9701 Valley Boulevard is located in the C- 3D /RC -MUDO (Medium Commercial with a Design Overlay and Residential /Commercial Mixed -Use Development 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 September 24, 2010, twenty -nine (29) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in six (6) public locations and on -site, specifying the availability of the application, plus the date, time and location of the special public hearing for Design Review 10 -03, and on September 24, 2010, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on October 4, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 10 -03; 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: 1 SECTION 1 . The Planning Commission HEREBY DETERMINES that Design Review 10 -03 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of the CEQA guidelines. Section 15301 of the California Environmental Quality Act exempts projects that consist 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. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 10 -03 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 building and site renovation is located within an established commercial district of the City: The applicant has provided an aesthetically complementary design and the proposed improvements will vastly improve the existing commercial building and its relationship to the commercial district. The proposed project is consistent with the Goal 2, Policy 2.5 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 remodel of existing buildings. 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: All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Conditions of approval have been incorporated to eliminate any adverse effects on the environment as a.result of the proposed project. This development will not generate any permanent impacts to noise levels for the surrounding area. All construction work will be required to comply with the timeframe, and decibel levels indicated in the City's Noise Ordinance (Ordinance 478 and 541). Conditions of approval will specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting 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 project will improve the physical appearance of the existing commercial building and the overall site. The improvements to the site in terms 2 of new landscaping and pavement treatments in the parking lot will provide a marked improvement over the appearance of other buildings at the intersection of Valley and Temple City Boulevards. 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 property is not part of the Civic Center Plan, precise plan or land reserved for public or educational use, so there is no special need to create harmony with the general area. Notwithstanding this, the approved design will create a development that is aesthetically complementary to the surrounding area and which has the potential to enhance land values in the general area. This is due to the proposed upgrade of the existing building fagade with higher quality materials, a design that blends better with the area, and greatly improved landscaping. 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 proposed development meets all of the minimum code requirements for the C- 3D /RC -MUDO (Medium Commercial with Design Overlay and Residential Commercial Mixed -Use Development Overlay) zone, and all applicable referenced code sections of the Rosemead Municipal Code. 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 effect of the development from the view of public streets. FINDING: Access to the site is located on Valley Boulevard via a 26.35' wide driveway and Temple City Boulevard via a 28.19' wide driveway for ingress and egress. The closure of a second existing driveway on Valley Boulevard, will improve traffic circulation be removing a driveway that is too close to the intersection. The parking lot is conveniently located to the south of the commercial building. All parking lot lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Lastly, this building renovation will greatly 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 10 -03, for the remodeling of an existing 1,116 square foot commercial building, parking area and landscaping, and to demolish an existing fuel dispenser island canopy at a K, former gasoline service station, located at 9701 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 October 4, 2010, by the following vote: YES: ALARCON, ENG, HERERRA, RUIZ NO: NONE ABSENT: HUNTER 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 4 day of October, 2010. William Alarcon, Chairman 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 4th day of October, 2010 by the following vote: YES: ALARCON NO: NONE ABSENT: HUNTER ABSTAIN: NONE ENG, HERERRA, RUIZ 53 EXHIBIT "B" DESIGN REVIEW 10 -03 9701 VALLEY BOULEVARD (APN: 8577 - 009 -026) CONDITIONS OF APPROVAL October 4, 2010 1. Design Review 10 -03 is approved for the remodeling of an existing 1,116 square foot commercial building, parking area and landscaping, and to demolish an existing fuel dispenser island canopy at a former gasoline service in accordance with the plans marked Exhibit "C ", dated August 16, 2010. 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. Approval of Design Review 10 -03 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 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. 4. Design Review 10 -03 is approved for a period of one (1) year. The applicant shall commence the proposed use 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 Divisions, so long as the project is not abandoned. If the Design Review 10 -03 has been unused, abandoned or discontinued for a period of one (1) year it shall become null and void. 5. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications. 6. 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. 7. Design Review 10 -03 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, 5 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 10 -03. 8. 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. 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. 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. 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 City Planner, or his or her designee, 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, any required school fees shall be paid. The applicant shall provide the City with written verification of compliance from the applicable school districts. 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 federal 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. h V 17. 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. . 18. 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. 19. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Division. There shall be no mechanical equipment located on the sides of the building. Such equipment shall not exceed the height of the parapet wall. All ground level mechanical /utility equipment (including meters, back flow preservation devices, fire valves, A/C condensers, furnaces, utility cabinets 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 or other public space within the development. The Planning Division shall approve said screening prior to installation. 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. Such striping shall be maintained in a clear, visible, and orderly manner. 21. At least two percent of the required parking shall be designated for handicap space pursuant to California Vehicle Code Section 2251.1.8. A letter by the property owner shall be given to the City for authorizing enforcement. 22. All open areas not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 23. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Design Review 10 -03. 24. Prior to the Planning Division final approval, the applicant shall patch, re -slurry seal and re- stripe the entire parking lot area per City standards. 25. The applicant shall submit final sign plans to the Planning Division prior to the issuance of a building permit based on the requirements set forth in Rosemead Commercial Revitalization Design Guidelines and Rosemead Municipal Code. Wall signs shall be located only on the metal overhead canopy. The signs shall 7, consist of internally illuminated channel letters. No "canned" or box signs shall be permitted on this site. 26. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code. Wall signs shall be limited to a maximum of two (2) square feet for each linear feet of building frontage based on the City's Commercial Revitalization Design Guidelines. Window signs shall not cover more than 15% of window and glass door areas. All banners and temporary signs shall be permitted by the Rosemead Planning Division prior to installation. 27. All new lighting shall be fully shielded and directed downwards. 28. The applicant.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 regulations. and include a sprinkler system with automatic timers and moisture sensors. 29. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. 30. Prior to the issuance of building permits, the developer shall provide a courtesy notice of the start of construction to the occupants of abutting properties and provide a copy of the notice to the Planning Division U