PC - 2011-18 - Approving Design Review 11-01 for Building and Site Improvements at 8780 ValleyPC RESOLUTION 11 -18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING DESIGN REVIEW 11 -01, FOR BUILDING AND SITE
IMPROVEMENTS TO AN EXISTING OFFICE BUILDING, LOCATED AT
8780 VALLEY BOULEVARD IN THE C -31) (MEDIUM COMMERCIAL
WITH A DESIGN OVERLAY) ZONE (APN: 5390 -010 -037).
WHEREAS, on May 31, 2011, Freddy and Wilson Yang submitted an application
to remodel the fagade of an existing two -story office building and install new
landscaping and new signage on the site, located at 8780 Valley Boulevard; and
WHEREAS, 8780 Valley Boulevard is located in the C -3D (Medium Commercial
with a 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 September 8, 2011, twenty -five (25) 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 public hearing for Design Review 11-
01, and on September 8, 2011, the notice was published in the San Gabriel Valley
Tribune; and
WHEREAS, on September 19, 2011, the Planning Commission held a duly
noticed and advertised public hearing to receive oral and written testimony relative to
Design Review 11 -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 11 -01 is classified as a Class 1 Categorical Exemption pursuant to Section
15301 of the California Environmental Quality Act guidelines. Section 15301 of the
CEQA 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 11 -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 building site proposed for renovation is located within an
established commercial district of the City. The applicant has provided an aesthetically
complementary design for the building, which includes new building wall colors and
materials and new tower element and columns, 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 lighting will be fully shielded and directed downwards to mitigate
glare on adjacent properties. This fagade remodel 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 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 not only not depreciate the area, it will
improve the physical appearance of the existing office building and the overall site.
These improvements to the site in terms of fagade remodel and new landscaping will
provide a marked improvement over the appearance of other neighboring buildings
along Valley Boulevard.
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. However, the site is directly adjacent to the Civic
Center. The applicant has proposed a good architectural design with the proposed
modifications to the building exterior, which will create an improved site that is
aesthetically complementary to the surrounding area. The proposed upgrade of the
existing building fagade with higher quality materials, a modern design that blends
better with the area, and greatly improved landscaping will potentially enhance land
values in the general area.
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 -31D (Medium Commercial with Design 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 one way
drive aisle for ingress. The site is exited via the adjacent alley on to Muscatel Avenue.
The parking lot is conveniently located along the side and rear of the office 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
11 -01, for the remodel of the fagade of an existing two -story office building and install
new landscaping and new signage on the site located at 8780 Valley Boulevard, and
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 September 19, 2011, by the following vote:
YES: ENG, HERRERA, RUIZ, SACCARO
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 19 day of September, 2011.
Nancy Eng, C air
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 19 day of
September, 2011 by the following vote:
YES:
NO:
ABSENT:
ABSTAIN
Burke, Willighs &
ENG, HERRERA, RUIZ, SACCARO
NONE
HUNTER
NONE
i
Attorney
71.9T Fd97:5
DESIGN REVIEW 11 -01
8780 VALLEY BOULEVARD
(APN: 5390 - 010 -037)
CONDITIONS OF APPROVAL
September 19, 2011
1. Design Review 11 -01 is approved for the remodel of the fagade of an existing
two -story office building and install new landscaping and new signage on the site,
in accordance with the plans marked Exhibit "C ", dated September 12, 2011.
Any revisions to the approved plans must be resubmitted for the review and
approval of the Planning Division.
2. 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.
3. The conditions listed on this exhibit shall be copied directly onto any
development plans subsequently submitted to the Planning and Building
Divisions for review.
4. Approval of Design Review 11 -01 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.
5. Design Review 11 -01 is approved for a period of one (1) year. The applicant
shall commence the proposed 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 Divisions, so long as the project is not abandoned. If
the Design Review 11 -01 has been unused, abandoned or discontinued for a
period of one (1) year it shall become null and void.
6. The Planning Commission hereby authorizes the Planning Division to make
and /or approve minor modifications to the project and to these conditions of
approval.
7. Design Review 11 -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 11 -01.
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. 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
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. 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 holiday
without prior approval by the City.
13. The Planning staff shall have access to the subject property at any time during
construction to monitor progress.
14. 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.
15. 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.
16. The trim caps and returns for the individual channel letters shall be match the
metallic silver color proposed for each letter face.
17. The applicant shall record a covenant, filed in the Los Angeles County
Recorder's Office, ensuring that the trash enclosure located on the adjacent
property, located at 8772 Valley Boulevard will be maintained for the use of the
subject property for as long as the office building is in use. This covenant shall
be binding upon on any successors in ownership or successors in interest of any
kind as to both the subject property and the property located at 8772 Valley
Boulevard. Such covenant shall be reviewed and approved by the City Attorney
prior to recordation.
18. The new trash enclosure on the property located at 8772 Valley Boulevard, shall
be designed to complement the building architecture by using colors and
materials proposed on the building onsite. The trash enclosure shall have
opaque steel self - closing and self latching doors and a solid roof sufficient to
keep rain and water out of the enclosure. (Modified by the Planning
Commission on September 19, 2011).
19. The applicant shall provide proof of a reciprocal access agreement, between the
subject property and the private alley to the south, to the Planning Division prior
to the issuance of Building Permits.
20. All new 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.
21. 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.
22. At least two percent of the required parking shall be designated for handicap
space pursuant to California Vehicle Code Section 22511.8. A letter by the
property owner shall be given to the City for authorizing enforcement.
23. All exterior lighting shall be fully shielded and directed downwards as to not
project over property lines.
24. All open areas not covered by concrete, asphalt, or structures shall be
landscaped and maintained on a regular basis. The applicant shall submit a final
landscape and irrigation plan to the Planning Division for review and approval
prior to the issuance of building permits. The landscape plan shall include a wide
variety of plant materials which are drought tolerant and an irrigation system that
includes a sprinkler system with automatic timers and moisture sensors.
25. To meet the requirements of zone in which the building is located, two new street
trees shall be planted in tree wells in the existing concrete paved parkway
fronting Muscatel Avenue to the satisfaction of the City Engineer. If in the extent
not required by the Municipal Code, the requirement that the trees be installed
can be waived by the Community Development Director. (Modified by the
Planning Commission on September 19, 2011)
26. A Public Works permit is required, held by a licensed contractor having a Class
"A" license, to install the proposed street trees and to modify the existing
concrete sidewalk to create a new 36 -inch by 36 -inch tree well subject to the
review and approval of the City Engineer. If in the extent not required by the
Municipal Code, the requirement that the trees be installed can be waived by the
Community Development Director. (Modified by the Planning Commission on
September 19, 2011)
27. Violations of the conditions of approval may result in citation and /or initiation of
revocation proceedings.
28. 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
29. 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.
30. The onsite public hearing notice posting shall be removed within 30 days from
the end of the 10 -day appeal period of Design Review 11 -01.
31. The applicant shall work with staff to determine the feasibility of awnings at the
front entrance and on the second floor side windows. The awnings shall be
barrel shaped and burgundy in color to match the design being approved. All
windows shall be free from signage. The applicant shall add a color band on the
south wall to provide articulation and visual break. (Modified by the Planning
Commission on September 19, 2011)