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PC - Minutes - 02-06-12Minutes of the PLANNING COMMISSION MEETING February 6, 2012 The regular meeting of the Planning Commission was called to order by Chair Eng at 7:00 p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Commissioner Saccaro INVOCATION - Vice -Chair Ruiz ROLL CALL - Commissioners Herrera, Hunter, Saccaro, Vice -Chair Ruiz, and Chair Eng ROLL CALL OF OFFICERS PRESENT: City Attorney Murphy, Acting Community Development Director Ramirez, Assistant Planner Trinh, Planning Intern Joaquin, and Commission Secretary Lockwood 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Greg Murphy, City Attorney, presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. CONSENT CALENDAR A. Approval of Minutes - January 17, 2012 Commissioner Herrera made a motion, seconded by Commissioner Hunter, to APPROVE the Minutes of January 17, 2012 as presented. Vote resulted in: Yes: Herrera, Hunter, Ruiz, Saccaro No: None Abstain: Eng Absent: None 4. PUBLIC HEARINGS A. MODIFICATION 11.06 - UFC Gym has submitted an application requesting to modify the conditions of approval for Planned Development Review (PDR) 09 -01, to allow UFC Gym to operate 24 -hours and to host televised events. The business is currently operating from 5:00 a.m. to 11:00 p.m. The subject site is located at 8920 Glendon Way, in the P -D (Planned Development) zone. Staff Recommendation - It is recommended that the Planning Commission CONTINUE the 1 public hearing for Modification 11 -06. The applicant has indicated that they would like to make changes to their original modification request. Assistant Planner Trinh stated that UFC Gym has requested to continue this item so they can make modifications to their original request. Chair Eng asked staff if public hearing notices had been mailed out. Assistant Planner Trinh replied yes. Chair Eng asked Greg Murphy, City Attorney, if this item is Continued will public hearing notices need to be mailed. Greg Murphy, City Attorney, stated that there are two (2) options, (1) the Planning Commission may Continue the item until a date certain; or (2) the Planning Commission may Continue the item until a date uncertain and new public hearing notices can be mailed. He stated staff can have a preference in that regard. Acting Community Development Director Ramirez stated that staff recommends that new public hearing notices be mailed out since staff is unsure what the new conditions will be. She stated staff would like to ensure that the notice has all the correct conditions that the applicant is applying for. Chair Eng stated so it is recommended that this item be Continued to a date uncertain and asked the Planning Commission if they agree with this recommendation. The Planning Commission stated yes, they agree. Chair Eng then asked for a motion. Vice -Chair Ruiz made a motion, seconded by Commissioner Herrera to Continue the public hearing for Modification 11.06 to a date uncertain. Vote resulted in: Yes: Eng, Herrera, Hunter, Ruiz, Saccaro No: None Abstain: None Absent: None B. CONDITIONAL USE PERMIT 11 -13 - Anh Vo has submitted a Conditional Use Permit application requesting to operate a tutoring center for children in the 6th through 12th grades, located at 4213 Rosemead Boulevard, Unit B in the C -1 (Neighborhood Commercial) zone. PC RESOLUTION 12 -02 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 11 -13, FOR THE OPERATION OF ROSEMEAD TUTORING 2 CENTER LOCATED AT 4213 ROSEMEAD BOULEVARD, UNIT B. Staff Recommendation - Based on the analysis and findings contained in this report, it is recommended that the Planning Commission APPROVE Conditional Use Permit 11 -13 and adopt Resolution 12 -02, subject to the conditions. Planning Intern Joaquin presented staff report Chair Eng stated that a revised Staff Report has been given to the Planning Commission tonight. She asked staff to clarify what corrections have been made to the Staff Report. Acting Community Development Director Ramirez replied the correction in the Staff Report is on page four (4) item B, the findings were not printed in the Staff Report as it was written. She stated, in addition, you will find that in the Resolution the findings were left off. Vice -Chair Ruiz confirmed with staff that they were just typos Acting Development Director Ramirez replied yes. Chair Eng asked Greg Murphy, City Attorney, if the Staff Report will need to be re- posted due to the changes. Greg Murphy, City Attorney, replied that there is no need to re -post this and explained why. Chair Eng asked staff if there is a new Condition of Approval being added or is one being revised. Planning Intern Joaquin replied that one Condition of Approval is being added. Chair Eng asked Planning Intern Joaquin for clarification of what is being added. Acting Community Development Director Ramirez explained that this is a new Condition of Approval that is being added because the original site plan had some errors on it. She stated staff is adding the new Condition of Approval so that before the project gets signed off, their site plan will accurately reflect what was originally proposed. Chair Eng asked staff if the applicant is in agreement with the change and the added Condition of Approval. Planning Intern Joaquin replied yes. Greg Murphy, City Attorney, stated he recommends that an additional sentence to Condition of Approval number eleven (11) read "Prior to submittal to the Planning, Building, Fire, Sheriff, and Health Departments for any approvals related to this Conditional Use Permit, the applicant shall submit a revised and correct site plan to the Planning Division, which will be subject to Division review and approval." Acting Community Development Director Ramirez stated that the applicant is present tonight if the Planning Commission would like to confirm that he understands this request. Chair Eng asked the Planning Commission if they had any questions or comments for staff. Vice -Chair Ruiz asked staff what is the time limit for the instructional period. Planning Intern Joaquin replied the project narrative states the instructional period will be approximately twenty (20) to forty (40) minutes. Vice -Chair Ruiz confirmed with staff if there will be a break in between instructional periods to allow students to leave and new students to enter. Planning Intern Joaquin replied yes. Vice -Chair Ruiz requested that this is made clear in the Conditions of Approval that there is a break time. Acting Community Development Director Ramirez recommended that we confirm with the applicant to make sure we understand their time limits. Chair Eng requested clarification for the required parking configuration for this site Assistant Planner Trinh replied according to this commercial center it was parked at one (1) per two hundred and fifty (250) square feet. She explained if you total the square footage of the building and divide it by 250 they meet the required parking spaces. Chair Eng confirmed with staff that according to the City's Municipal Code the parking requirement is based on square footage and not by use. Assistant Planner Trinh replied that sometimes use is considered and the parking requirement would be different for restaurant use. She explained that this commercial center is office and retail so it is parked as one (1) per two hundred and fifty (250) square feet. Chair Eng asked staff if the applicant will be taking over the insurance of the two units that were vacated by the insurance company. Planning Intern Joaquin replied yes. Chair Eng asked staff if all the units in this commercial center are leased. Planning Intern Joaquin replied yes, and read a list of each business occupying a unit. Chair Eng referred to Condition of Approval number twenty -two (22) and asked staff if the tutoring school le would be able to keep a business vehicle onsite during business hours if they had one. Assistant Planner Trinh replied that the applicant has indicated he will not have any business vehicles. She stated that if there was a business vehicle it would require another parking space and the applicant has chosen not to have any business vehicles. Chair Eng asked staff what is being changed on the site plan 0 Assistant Planner Trinh replied there was an error regarding Fire Department occupancy load number, which does not pertain to this type of business. She stated the applicant is limited to the number of students in the staff report. Chair Eng asked staff if there will be a separate men's and women's restroom. Planning Intern Joaquin replied yes and the applicant is currently in the process of acquiring permits from the Building Department. Chair Eng stated according to the site plan it states that the maximum occupancy load will exceed ten (10) and that is why it is required to have a separate men's and women's restroom. Assistant Planner Trinh stated that the applicant may address how that came about. Chair Eng recommended that applications regarding this type of use be reviewed at a staff level. She explained that it could save time, money, and streamline the procedure for this type of use and would not need to go to the Planning Commission. Vice -Chair Ruiz stated that it is important that the Planning Commission oversee the Conditions of Approval because it is the conditions that the City is putting on the applicant. He also stated it is important that the Planning Commission make the decision whether it is a yes or no and to be aware of what is going on. He stated if decisions are to be made at staff level then why would there be a need for a Planning Commission. Chair Eng stated that she agrees there is a need for a Planning Commission and expressed that parking requirements need to be updated and addressed. Commissioner Hunter commented in the Findings paragraph it states there will be one (1) instructor, eight (8) students, and five (5) parking spaces. She asked if it will always stay this way. Chair Eng stated that question can be addressed to the applicant. She asked if there were any other questions for staff. None Chair Eng opened the Public Hearing and invited the applicant to the podium. Anh Vo, applicant, stated he is available to answer any questions. Vice -Chair Ruiz asked Anh Vo how long the classroom instruction sessions will be and if there will be a break in- between sessions to give students time to exit the classroom and for new students to enter. Anh Vo replied that he will be open Monday through Friday from 3:00 pm to 7:00 pm. He stated each session will be from forty (40) minutes to one (1) hour with a maximum of eight (8) students. He stated they will have five (5) to ten (10) minutes to exist and enter from classroom. He stated the students will be sixth (6th) to twelve (12th) graders and the subjects he focuses on are math, chemistry, and physics. 5 Vice -Chair Ruiz confirmed with the applicant that there will be break in- between sessions for students to leave the premises and for the new students to come in. Anh Vo replied that is correct. Vice -Chair Ruiz asked Anh Vo if he would agree to a condition being added that required for a five minute period break for students to leave the premises and for new students to enter. He explained that this will help with parking concerns and will create a smooth transition of students entering and exiting the premises. Commissioner Hunter asked if five (5) minutes will be enough time to get students in and out. Anh Vo replied that there is a waiting room for students waiting for their parents to pick them up, so he does feel five (5) minutes will be enough time. Vice -Chair Ruiz commented to Anh Vo if there is a waiting room with eight (8) students in it and there are only five (5) parking spaces, where will the other three (3) parents park. He stated this is how parking issues are created. Chair Eng asked Anh Vo if parking becomes a problem, does he have any other alternatives to address it. Anh Vo replied right now he is allowed five (5) parking spaces and he plans to require parents to drop students off rather than using the parking spaces. He also stated his location is five (5) minutes away from Muscatel School and expects some students will walk to the tutoring center. Chair Eng asked Anh Vo how many students are in a tutoring session and how many subjects are taught at one time. Anh Vo replied it will depend on the student, but usually all three subjects are taught Chair Eng asked Anh Vo if he has one tutor for all three subjects. Anh Vo replied yes. Chair Eng asked Anh Vo how many students are in one session. An Vo did not reply to the question but explained that when students go to his center he plans on checking their homework, going over their lessons, and spending a few minutes with each student. Chair Eng asked Anh Vo if he is currently running a tutoring service or if he is relocating from a previous location. Anh Vo replied no this is his first time running a tutoring service. Commissioner Hunter inquired about possible parking issues if parents plan to wait for their children instead of just dropping them off. ri Commissioner Herrera asked Anh Vo if students will need to be signed in by a parent or will students be able to just walk in from Muscatel Intermediate School or Rosemead High School. She also asked what the maximum number of students allowed at a time is. Anh Vo replied that students can walk in and that they do not need to be signed -in by a parent. He stated parents will required to leave once their child is dropped off. He also replied that eight (8) students is the maximum amount allowed. Commissioner Herrera asked Ahn Vo if there will ever be twelve (12) or more sitting in the classroom at the same time. Anh Vo replied no and explained that there is only one (1) classroom with space for only eight (8) students. He stated there is a waiting room for students being picked up. Vice -Chair Ruiz asked Anh Vo if he will be giving instructions to the students in the waiting room. Anh Vo replied no and that the waiting room is just for students or parents to wait. Vice -Chair Ruiz asked Anh Vo how long will parents or students wait in the waiting room. Anh Vo replied the maximum time limit will be ten (10) minutes. Vice -Chair Ruiz asked Anh Vo if he would agree to have that time frame put into a Condition of Approval. Anh Vo replied yes. Greg Murphy, City Attorney, stated if that Condition of Approval is put in, it will have to be crafted very carefully because it can create some public safety concerns and explained why. He also stated that it could create some potential liability for the City if the applicant complies with the cities demands and then there is an unfortunate incident. He stated if the Planning Commission would like to go in that direction a Condition can be written that is appropriate, but not while this meeting is going on and it would have to be brought back at a later date. He also explained that there is nothing in the Conditions of Approval that limits the number of parking spaces that can be allocated to the applicant within the shopping center. He stated that is a private issue between the applicant and landlord, so long there are sufficient spaces to meet the City standards for the use, which there are. He stated whether the applicant is allocated five (5) spaces by his landlord or the applicant in his private lease agreement with the landlord is able to obtain more spaces is strictly up to him. He stated that some modifications can probably be done to Condition of Approval number twenty -one (21) regarding not allowing too many people to be on the site, but that could lead to a problem with people sitting in their cars instead of going into the applicant's unit. He stated this could potentially end up with a landlord /tenant issue and the City does not want to get involved with that. He stated that the wording can be changed in Condition of Approval number twenty-one (21) but then it would have to come back to the next Planning Commission meeting. Vice -Chair Ruiz recommended that it should be added but worded very cautiously so there is no liability for the City. He stated as long as the site plan is being revised that the Fire Department be contacted to confirm all regulations are being met. 7 Chair Eng asked Anh Vo, if eight (8) students and one (1) instructor is practical and makes business sense for him and would he be able to cover his expenses with only eight (8) students per session. She expressed that she would like him to agree to Conditions of Approval that will work for him. Anh Vo replied yes it will work for him. Chair Eng stated that she agrees with Commissioner Herrera that some students at a certain age may just walk in and not come in a car. She stated we would like to make sure parking should make some sort of sense. Commissioner Hunter stated that under student pick up and drop off, it states you are required to escort the child in and out of the classroom. Chair Eng asked Greg Murphy, City Attorney, if this should be a Condition of Approval and would this go back to the concern of imposing a time limit on how long a parent can wait. Greg Murphy, City Attorney, replied this would be different in terms of waiting. He stated escorting a student from a parked car to the center would avoid problems in the parking lot such as cars idling and having students running across the parking lot into the center. He stated that this condition has been used for other educational facilities and he understands how it came into being, but does not know how enforceable this can be under rainy day situations. Chair Eng expressed to Anh Vo that to meet his parking requirement it is important that he only has eight (8) students and one (1) instructor per session. She also asked staff if there are more than eight (8) students and one (1) instructor will it require additional parking spaces. Assistant Planner Trinh replied that is correct, it is required to have one (1) parking space per every two (2) students. She explained if there are ten (10) students then it will require six (6) parking spaces. Chair Eng confirmed with the applicant that he understands the importance of the parking requirement and that it all makes business sense to him and that he is agreeable. Anh Vo replied yes he agrees. Vice -Chair Ruiz asked Anh Vo if he is the instructor. Anh Vo replied yes. Chair Eng asked if there were anymore questions. Commissioner Hunter asked if the applicant understands the consequences if he has more than eight (8) students. Vice -Chair Ruiz replied that staff will be able to instruct the applicant with that concern. He thanked the applicant and explained that the City Attorney will draft up the revised Conditions of Approval and his Conditional Use Permit will be approved at the next Planning Commission meeting. 3 Greg Murphy, City Attorney, stated for clarification, this item will come back to the Planning Commission for final vote at the next meeting. Chair Eng asked if there was anyone else wishing to speak on this item. None Chair Eng closed the Public Hearing. She clarified with the Planning Commission that this item may need to come back to the next Planning Commission meeting. Vice -Chair Ruiz stated the language in Condition of Approval number twenty-two (22) needs to be revised. Greg Murphy, City Attorney, stated if changes are going to be made based on comments of the Planning Commissioners and applicant tonight, staff and the City Attorneys office would like a motion directing us to modify Conditions of Approval numbers twenty -one (21) and twenty -six (26) and any other applicable conditions to respond to the Commissions concerns about students waiting before or after their study sessions and with respect to parking issues with parents or students waiting. Commissioner Herrera asked staff if there is a two year time limit for a Conditional Use Permit application. Assistant Planner Trinh replied that a Conditional Use Permit runs with the land and as long as the business is operating the Conditional Use Permit is active. Chair Eng asked staff that as long as the business is operating and if it ceases, is six (6) months the threshold. Assistant Planner Trinh replied yes it is six (6) months. Commissioner Herrera asked staff if the applicant does not comply with all the Conditions of Approval in the future or if there is parking concerns, what recourse the City would have. Acting Community Development Director Ramirez, replied if a complaint is received staff will contact the applicant and discuss the issue. She stated the applicant will be given a time frame to make the needed corrections. If they do not make the corrections, then staff will start the Revocation process of the Conditional Use Permit. Commissioner Herrera confirmed with staff that the applicant would then be jeopardizing his Conditional Use Permit to do business. Acting Community Development Director Ramirez stated that is correct. She stated if the applicant came back at a later date requesting to expand his business staff would deny his request. Commissioner Herrera recommended that this application be approved tonight and that it does not need to be brought back to the next Planning Commission meeting. Chair Eng stated that she agrees with Commissioner Herrera and explained why. 0 Acting Development Director Ramirez stated that the community is a very active community and when an applicant violates their Conditional Use permit, the city finds out very quickly. She stated then staff calls that applicant to try and resolve the issue. She stated that staff has made it very clear to the applicant and that he understands he is limited to eight (8) students and one instructor (1). Chair Eng asked Vice -Chair Ruiz if he would like to keep his request of this application coming to the next Planning Commission. Vice -Chair Ruiz replied that he would like to keep the five (5) minute transitional period in- between class sessions. Greg Murphy, City Attorney, stated that will be an easier change to make and it would not be forcing people in or out. He stated that an added sentence to Condition of Approval number twenty -one (21) stating that the applicant shall provide a five (5) minute transition period between classes to allow for passages of students into and out of the site. He explained this will provide for a little flow time so students will not have to wait in the waiting room. Vice -Chair Ruiz stated that he agrees with this transitional period to allow constant movement. Chair Eng stated staff will revise Condition of Approval number twenty -one (21). Greg Murphy, City Attorney, stated that he has directed staff on how to revise Condition of Approval number twenty -one (21). He stated if the Planning Commission wishes to approve what was made tonight it would be to make a motion to approve the Resolution amended by staff with the additional amendments to Conditions of Approval numbers eleven (11) and twenty -one (21). Vice -Chair Ruiz made a motion, seconded by Commissioner Herrera, to APPROVE Conditional Use Permit 11.13 and adopt Resolution 12.02, subject to the conditions. Vote resulted in: Yes: Eng, Herrera, Hunter, Ruiz, Saccaro No: None Abstain: None Absent: None Greg Murphy, City Attorney, stated there is a ten (10) day appeal period where anyone wishing to take action against the decision made tonight by the Planning Commission may do so. He let the applicant know that staff will contact him to let him know when he can proceed with his business. 5. MATTERS FROM THE CHAIR & COMMISSIONERS Commissioner Hunter asked staff why the Baby Toy -Town sign is still up. Acting Community Development Director replied staff will check on that and report back to the Planning Commission. 10 Chair Eng stated she would like staff to look into have tutoring centers of this matter possibly being approved at staff level. She also stated it is important that we look into a solution for lack of parking in the city and that it needs to be addressed. 6. MATTERS FROM STAFF Acting Community Development Director Ramirez reminded the Planning Commission that the next Planning Commission meeting for Monday, February 20, 2012 is on the President's Day Holiday and City Hall will be closed. She stated that when a holiday falls on a Monday, and City Hall is closed it is usually moved to the following Tuesday. Unfortunately, due to schedule conflicts it cannot be scheduled for that Tuesday. Therefore, staff would like to recommend that the next Planning Commission meeting be held on Monday, March 5, 2012 at 7:00 pm. Chair Eng asked the Planning Commissioners if they are available to attend the meeting on Monday, March 5, 2012. Planning Commissioners replied yes, they are available. 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Tuesday, February 21, 2012, at 7:00 p.m., due to City Hall being closed on Monday, February 20, 2012 for the President's Day Holiday. ATTEST: � -d" Rachel Lockwood Commission Secretary vl AWVx 'I1 A Nancy Eng VU Chair 11 PC RESOLUTION 12 -03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 11 -06 FOR THE MODIFICATION OF THE CONDITIONS OF APPROVAL OF PLANNED DEVELOPMENT REVIEW (PDR) 09 -01 TO ALLOW UFC GYM TO OPERATE 24- HOURS, HOST FAMILY EVENT NIGHTS, AND ALLOW SPARRING AS A FORM OF TRAINING IN THE GYM. THE SUBJECT SITE IS LOCATED AT 8920 GLENDON WAY, IN THE PD (PLANNED DEVELOPMENT) ZONE (APN: 5390 - 018 -036). WHEREAS, on December 19, 2011, UFC Gym submitted a modification application to modify the Conditions of Approval of Planned Development Review 09 -01 to allow UFC Gym to operate 24- hours, host family event nights, and allow sparring as a form of training in the gym, located at 8920 Glendon Way; and WHEREAS, 8920 Glendon Way is located in the PD (Planned Development) Zone; and WHEREAS, Chapter 17.76 of the Rosemead Municipal Code specifies the criteria by which the aforementioned permit may be granted; and WHEREAS, on February 23, 2012, fourteen (14) 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 Modification 11 -06; and WHEREAS, on March 5, 2012, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 11 -06; 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 Modification 11 -06 is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) and local environmental guidelines, where projects 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 of use beyond that existing at the time of the lead agency's determination. Accordingly, Planned Modification 11 -06 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 11 -06 according to the Criteria of Chapter 17.76 of the Rosemead Municipal Code as follows: A. That the proceedings to alter the development plan for this Planned Development zoned property is justified in that it is in the public's necessity, convenience and general welfare and is good zoning practices for such action; FINDING: UFC Gym's proposal to operate 24- hours, host family event nights, and allow sparring as a form of training in the gym will not alter the development plan for the Planned Development and is in the public's necessity, convenience, and general welfare, and is good zoning practice. The 24 -hour request will serve members within the surrounding neighborhoods with both traditional and nontraditional schedules, allowing access to the fitness gym to be convenient for their individual needs. Staff's inspection determined that the gym's existing parking lot lighting and extensive security plan, which was approved by the Chief of Police, would be adequate for the proposed 24 -hour operation. Staff has contacted the Police Departments in Concord, Torrance, and Corona regarding UFC Gym's family event nights and all three Police Departments have indicated that they have not had any problems with UFC Gym, and that their business has cooperated wonderfully in their cities. Conditions of approval have been added to ensure that the hosting of family event nights will not create any negative impacts. These conditions include permitting only UFC Gym members to attend the family event nights and permitting UFC Gym to host one family event night per month. Lastly, the use of sparring as part of UFC Gym's instructional training is intended not to inflict pain or injury. Sparring is used as a form of consensual training, only performed under the supervision of a professionally trained instructor, and to prevent such activity from becoming a combative. B. The Planning Commission may approve or conditionally approve minor modifications or development in the Planned Development zone if compliant with the General Plan and compatible with existing and future developments in surrounding areas. FINDING: The site is designated in the General Plan for Commercial and on the Zoning Map it is designated for PD (Planned Development). Modification 11 -06 will be consistent with Policy 2.3 of the General Plan, as it encourages continued development of self- sustaining commercial uses at strategic intersections. UFC Gym's proposal to operate 24- hours, host family event nights, and allow sparring as a form of training in the gym may have potential benefits to the business and the community. Furthermore, conditions have been added to ensure that the expansion of use will be compatible with existing and future development. Lastly, the proposed use is in conformity with the General Plan, in that P -D (Planned Development) zoning is a corresponding zone district with the Commercial land use category. SECTION 3 . The Planning Commission HEREBY APPROVES Planned Development Review 09 -01, to convert an existing 39,703 square foot commercial building into a fitness center, located at 8920 Glendon Way, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4 . This resolution is the result of an action taken by the Planning Commission on March 5, 2012, by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ AND SACCARO NO: NONE ABSTAIN: NONE ABSENT: NONE SECTION 5 . 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 5th day of March, 2012. Na y E hair 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 5 day of March, 2012, by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ AND SACCARO NO: NONE ABSTAIN: NONE ABSENT: NONE Michelle Ramirez, Seldtary TO FORI%f�/7 Gregory M. MLI(phy, Planning Corpfnission Attorney Burke, Williams & Sorensen, LL EXHIBIT "W MODIFICATION 11 -06 (APN: 5390 - 018 -036) CONDITIONS OF APPROVAL March 5, 2012 1. The following conditions of approval 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. 2. Conditions of approval listed on Exhibit "B" shall be copied directly onto final development plans submitted to the Planning and Building Division for review. 3. Planned Development Review 09 -01 is approved to convert an existing 39,703 square foot commercial building into a fitness center, to be developed in accordance with the architectural plans marked Exhibit "C ", dated September 28, 2009. Any revisions to the approved plans must be resubmitted for review and approval by the City of Rosemead Planning Division. 4. Approval of Planned Development Review 09 -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. Planned Development Review 09 -01 is approved for a period of six (6) months. The applicant shall commence the proposed use or request an extension within 30- calendar days prior to expiration. The six (6) months 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 Planned Development Review has been unused, abandoned or discontinued for a period of six (6) months it shall become null and void (Modified by the Planning Commission on October 19, 2009). 6. Planned Development 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 Planned Development 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 aside, 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. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications to the approved plans. 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. Prior to the issuance of building permits, all school fees shall be paid. The applicant shall provide the City with written verification of compliance from the School District. 12. City staff shall have access to the subject property at any time during construction to monitor progress and after construction to monitor compliance. 13.Occupancy will not be granted until all improvements required by this approval have been approved, completed and inspected by the appropriate department(s). 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 City approval. 15.Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 16.The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of % inches, 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 Division. 17.Gym patrons and employees shall be prohibited from parking in the parking area on the adjacent Parcel A (APN: 5390 - 018 -037). Unless such permission is granted by the owners of Parcel A (APN: 5390 -018 -037), the gym management shall advise its patrons and employees not to park within Parcel A (APN: 5390- 018 -037) at any time. The gym shall post a written notice in the gym reception area and parking lot informing customers of this condition. 18.The parking area within Parcel B, as indicated on the site plan in Exhibit "C," shall be re- striped. 19.The parking area within Parcel B, as indicated on the site plan in Exhibit "C ", 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. 20.The parking space markers shall be re- painted periodically to City standards to the satisfaction of the Planning Division, including double striping, wheel stops and handicapped parking /markings. 21.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. 22.The developer shall comply with the City's storm water ordinance and Los Angeles County's SUSMP requirements with respect to planning and development of the site. 23.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. 24.The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Planned Development Review 09 -01. 25. 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. 26.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. 27.AII 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. 28.A landscape plan shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. All existing landscape planters onsite and in the public right -of -way, adjacent to the lot, shall be renovated with new drought tolerant landscape materials. 29.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. A new automatic irrigation system, with moisture sensors, will also be required in any planter that is not being adequately maintained by the existing system. 30.All open area not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 31.The existing trash enclosure located along the west property line shall be fully enclosed with a solid cover and have opaque steel self - closing and self - latching doors. 32.Adequate lighting shall be provided in the vehicle parking area. A lighting plan shall be reviewed and approved by the Planning Division prior to the issuance of building permits. 33.The hours of operation shall be posted in the front window or door. Hours of operation shall be up to 24 -hours per day, or such lesser operation hours as the applicant desires (Modified by the Planning Commission on March 5, 2012). 34.Applicant shall not publicize, hold, host, authorize, or allow to be held or hosted on the subject property any live, onsite mixed martial arts events or demonstrations that include as any part of the event two (2) or more individuals engaging in physical competition or contest between or among them in which the individuals strike each other in any way. This condition of approval does not prohibit the gym from hosting televised events as part of their family event night. Only UFC Gym members and their guests are permitted to attend the family event nights. The areas designated for the family event night shall be consistent with the event layout, attached as Exhibit "E." UFC Gym shall host no more than two (2) family event nights per month within the gym facility and all such events shall end no later than 10:00 p.m. No outside food or beverages shall be brought into the gym by gym members and their guests for any family event night (Modified by the Planning Commission on March 5, 2012). 35. In connection with the mixed martial arts training and other training provided on the subject property, applicant shall not allow any individuals to engage in direct uncontrolled contact or real physical combat in which the individuals directly strike each other. Limited controlled contact, such as sparring between not more than two (2) patrons is permitted for instructional use, but controlled contact shall require a professionally trained instructor to be in the training area with the patrons and at no time shall patrons engage in unsupervised and /or uncontrolled contact (Modified by the Planning Commission on March 5, 2012). 36. No exterior vending machines shall be permitted. 37.A security plan shall be submitted to the City of Rosemead Chief of Police for review and approval, prior to the issuance of building permits. The security plan shall include a surveillance camera system, the presence of a security guard during night time hours of operation, a parking lot lighting plan, and picture ID Membership control system. If warranted on the basis of the City of Rosemead Public Safety or Los Angeles County Sheriff's Department incident reports, the City shall have the right to require additional security measures. 38.A final sign plan shall be submitted to the Planning Division for review and approval, prior to Planning Final Inspection. The exterior building wall signs shall consist of internally illuminated channel letters and logos with bronze returns and trim caps. The background on the double -sided pylon signs shall be opaque, so that only the letters illuminate during night -time illumination. The pylon signs shall be re- painted. All signage proposed shall comply with RMC Section 17.76.120. 39.The applicant shall obtain a Certificate of Occupancy Permit and any applicable City of Rosemead Business License prior to beginning business operations. 40.Additional services, which include chiropractic services, tanning, therapeutic massage, sports, rehabilitation therapy, babysitting, etc. shall not be allowed, unless and until the applicant receives approval of a Planned Development Review from the Planning Commission for such services and all applicable permits are obtained (Modified by the Planning Commission on October 19, 2009). 41.The applicant shall remove the existing loading dock which extends beyond the property line to the satisfaction of the Rosemead Building Official and Rosemead City Engineer, prior to Planning Final Inspection. 42. All openings along the west property line shall be closed to the satisfaction of the Rosemead Building Official, prior to Planning Final Inspection. 43.All bent or broken bollards or wheel stops in the parking lot area shall be removed and replaced. 44. All dilapidated block walls surrounding the property shall be replaced. 45.All portions of the building affected by graffiti shall be re- painted to match the base color of the building. 46.All light fixtures shall be re- painted. 47.All "Levitz Furniture" signs in the parking lot area shall be removed. 48.Violation of the conditions of approval may result in a citation and /or initiation of revocation proceedings. 49.Closed Quarter Combat (CQC) training provided to law enforcement personnel shall be provided in conjunction with the applicable Chief of Police or Commander of the Law Enforcement and the training will take place in a closed room. The training will only be available to individuals designated by the Chief of Commander and a plan for the training will be provided to the city prior to any such training taking place (Added by the Planning Commission on October 19, 2009). 50.AII unpermitted signage along the south elevation shall be removed. PC RESOLUTION 12 -04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 11 -10 FOR CONVERSION OF AN EXISTING 7,547 SQUARE FOOT RESTAURANT INTO A MEDITATION TEMPLE, LOCATED AT 8752 VALLEY BOULEVARD IN THE C -3D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN: 5390 - 010 -081). WHEREAS, on July 6, 2011, Hari Alipuria submitted an application to convert an existing 7,547 square foot restaurant into a meditation temple located at 8752 Valley Boulevard; and WHEREAS, 8752 Valley Boulevard is located in the C -3D (Medium Commercial with a Design Overlay) zoning district; and WHEREAS, Section 17.112.020 (2) of the Rosemead Municipal Code (RMC) allows churches or other places used exclusively for religious worship, upon the granting of a Conditional Use Permit (CUP) by the Planning Commission. Section 17.112.010 sets the following findings required for granting such a permit: A. The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan. B. The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood thereof; and C. The granting of such conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or deny Conditional Use Permits; and WHEREAS, on February 23, 2012, forty-three (43) 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 Conditional Use Permit 11 -10; and on February 24, 2012, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on March 5, 2012, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 11 -10; 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 Conditional Use Permit 11 -10 is Categorically Exempt from environmental review as a Class 32 Exemption pursuant to Section 15332 of the California Environmental Quality Act (CEQA). SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 11 -10 according to the findings of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The granting of such Conditional Use Permit will be in harmony with the elements or objectives of the General Plan. FINDING: The site is designated in the General Plan for Commercial, and on the zoning map it is designated for C -3D (Medium Commercial with a Design Overlay) zone. The proposed use is in conformity with the General Plan in that the C -3D zoning is a corresponding zone district with the Commercial General Plan land use category. B. The establishment, maintenance or conduct of the use for which the Conditional Use Permit is sought will not, under the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood. FINDING: The proposed project includes a request for a Conditional Use Permit for the conversion of an existing 7,547 square foot restaurant into a meditation temple. Due to the small worship area proposed within the temple, the operation impacts are anticipated to be minimal. Although the first floor totals approximately 4,500 square feet, only 359 square feet will be used for worship area. Staff has worked closely with the applicant to ensure that the floor plan design limits the occupancy to that regulated by the Building Code. The remaining square footage will consist of a religious gift shop, walkways, physical elements (such as water features and guard rails), the kitchen, and restrooms. The physical elements will be used to clearly define walkways and the designated worship area in the building. The applicant is proposing to maintain all existing light standards, landscaping and fencing onsite. The existing 6' -0" block walls surround the parking lot area, which provides a buffering between the parking lot area and the adjacent residential properties. The existing lighting, which will be maintained, is fully shielded and downward facing. Therefore,. no new source of light glare will be generated by the project. Lastly, several conditions of approval have been added to ensure that all property maintenance issues are corrected, such as landscape rehabilitation, parking lot rehabilitation, repainting of the building, and cleaning the storefront windows. C. The Conditional Use Permit applied for is authorized by the provisions of this title and that the granting of such conditional use permit will not be injurious to the property or improvements in the neighborhood or to the general welfare of the city. FINDING: The proposed project consists of the conversion of an existing 7,547 square foot restaurant into a meditation temple known as the Gita Meditation Temple. No exterior renovation is proposed. The proposed meditation temple will be conducted entirely within the enclosed building. The applicant is proposing to maintain all existing light standards, landscaping and fencing onsite. The existing 6' -0" block walls surround the parking lot area, which provides a buffering between the parking lot area and the adjacent residential properties. The existing lighting, which will be maintained, is fully shielded and downward facing. Therefore, no new source of light glare will be generated by the project. Lastly, several conditions of approval have been added to ensure that all property maintenance issues are corrected, such as landscape rehabilitation, parking lot rehabilitation, repainting of the building, and cleaning the storefront windows. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 11 -10 to convert an existing 7,547 square foot restaurant into a meditation temple, 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 the Planning Commission decision, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Section 17.124.070 of the Rosemead Municipal Code. SECTION 5 . This resolution is the result of an action taken by the Planning Commission on March 5, 2012, by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ AND SACCARO NO: NONE ABSTAIN: NONE ABSENT: 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 5 th day of March, 2012. N Nana g, C a r 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 5 th day of March, 2011 by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ AND SACCARO NO: NONE ABSTAIN: NONE ABSENT: NONE n Michelle Ramirez, Seclry TO FORM: Grego".)Kurph lanning Commis n Attorney Burke, WilliamsA Sorensen, LLP EXHIBIT " B" CONDITIONAL USE PERMIT 11 -10 8752 VALLEY BOULEVARD (APN: 5390 - 010 -081) CONDITIONS OF APPROVAL March 5, 2012 1. Conditional Use Permit 11 -10 is approved for the conversion of a 7,547 square foot restaurant into a meditation temple, in accordance with the plans marked Exhibit "C ", dated January 25, 2012. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. Approval of Conditional Use Permit 11 -10 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. 3. Conditional Use Permit 11 -10 is approved for a period of six (6) months from the Planning Commission approval date. The applicant shall initiate the proposed use, or request an extension within 30- calendar days before the expiration of the six (6) month approval period. Otherwise, Conditional Use Permit 11 -10 shall become null and void 4. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved plans where necessary. 5. Conditional Use Permit 11 -10 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 Conditional Use Permit 11 -10. 6. 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. 7. 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. 8. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building divisions for review. 9. The hours of operation shall be limited to 9:00 a.m. to 9:00 p.m., daily. The hours of operation shall be posted on the front window or door. 10. 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. Prior to submittal to the Planning, Building, Fire, Sheriff, and Health Departments for any approvals related to this Conditional Use Permit, the applicant shall submit a revised and correct site plan to the Planning Division, which shall be subject to Division review and approval. 11. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Planning Division. All trash and debris shall be contained within approved trash enclosure(s). 12. The numbers of the address sign 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. 13. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 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 applicant shall maintain a minimum clearance of five (5) feet (free of any debris, storage, furniture, etc.) from any electrical /mechanical equipment and /or emergency exits. 16. 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. 17. Conditions of approval listed on Exhibit "B" shall be copied directly onto final development plans submitted to the Planning and Building Division for review. 18. 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. 19. Adequate lighting shall be provided in the parking area where deemed appropriate by the Planning Division. All exterior lighting shall be directed away from adjacent properties. 20. 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. 21. Any exterior signage shall be subject to the requirements of the Rosemead Municipal Code and the review and approval of the Planning Division prior to installation. 22. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Conditional Use Permit 11 -10. 23. All driveway entrances and exits shall remain open and unobstructed at all times. 24. Prior to the issuance of Building permits, the existing building shall be repainted. The applicant shall work with Planning Division staff on the selection of the paint color. 25. Prior to the issuance of Building permits, all exterior Christmas lights shall be removed from the building. 26. Prior to the issuance of Building permits, the storefront windows shall be cleaned and maintained. All neon lighting on the storefront windows shall be removed. 27. Prior to the issuance of Building permits, all existing landscape planters onsite shall be rehabilitated and improved with new landscaping. All existing and proposed landscaping shall comply with the City's Water Efficient Landscape regulations. 28. Prior to the issuance of Building permits, the existing trash enclosure onsite shall be upgraded with a solid roof cover. 29. Prior to the issuance of Building permits, the parking lot area shall be rehabilitated (pavement repair, restriping of parking spaces, etc.). All broken wheel stops shall be removed and replaced. Circulation patterns shall be painted along the driveways and parking lot area. 30. All components of the previously used restaurant within the area designated as a "religious gift shop" shall be removed. 31. The second floor shall be closed off to the public and limited to office and storage use only. At no time, shall the open hallways on the second floor be used as assembly area at any time. 32. Any special events, other than regular temple activities, shall require the review and approval of a Special Event Permit by the Community Development Department. 33. All temple activities shall be conducted within the enclosed building. 34. The total occupant load permitted within the meditation area is 52 people. 35. The temple shall not be utilized as living quarters. 36. No classes, seminars, conferences, etc. shall be conducted within the building. 37. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. CITY OF ROSEMEAD, CALIFORNIA Public Works/ Engineering: 8838 East Valley Boulevard, Rosemead, California 91770 (626) 569 -2150 FAX: (626) 307 -9218 Date: March 12, 2012 Contract Number: C11613 Project: RCRC & Library Parking Lot- Geotechnical Services Change Order Number: 1 Spec No.: To: Willdan Geotechnical 1515 S. Sunkist Street, Suite E Anaheim, CA 92806 Contractor Telephone: (714) 634 -3318 Attention: Mr. Ross Khiabani, PE, GE, President/CEO Contractor Fax: (714) 634 -3372 Description of Change (additional sheet attached) • Revised Scope of Work for Civic Center Parking Lot Project ............................ ......................$1,650.00 • Geotechnical Services for Proposed Additional Building at RCRC ....................... .....................$9,500.00 (Per Attached Proposals ) Total Contract Change Order No. 1 $ 11,150.00 Reason for Change (additional sheets attached) ❑ The above described changes are outside the original scope of work for this project. Distribution Contractor M Consultant ❑ Division M Project Manager ® Project File ® Other: ❑ Form PWE (Revised 5/09) Page 1 of 2 CITY OF ROSEMEAD CONTRACT CHANGE ORDER The change results in the following adjustment of Contract Price and /or Time: Demotion Amount % Chancre Original Contract Price , - -,, _______________________ __ _______________ ____ ____ _ _ __ __ $ 12,720.00 Net Change by Previously Authorized Change Orders/ Contract Amendment „- „, ,,,,,,,,,,,, ,,,,,, $ 0.00 This Change Order., „, ,,,,,,,,, , , , ,, ------------ - ,--- ,,,,,- ,,,,- -,,___ . $ 11,150.00 (87.6 %) Total Change Order Amount including this Change Order,,,,,,,,,,,,,,,,,,,,,, ,,, ,, ,,,,,,,,,,,,,,, ,,,, ,,,,, ,„ $ 11,150.00 (87.6 %) Contract Price after Change Order ------ ---------- $ 23,870.00 Account/Program Numbers -------- _------------ ____ ........................... -.................... 301- 6005- 5245 - 31004 -305 4 $ 11,150.00 Contract Time prior to Change Order .................... _------------------------ _______ .... _ ... N/A Net Increase in Days Authorized by this Change Order, N/A Current Contract Time including this Change Order _ - -,_„ N/A Project Completion Date Including Net Increase in Days by Change Order__ - Contractor is hereby directed to make the herein - described changes and /or perform said herein - described work in connection with above reference project. All new work shall conform to the applicable provisions of the plans and specifications, except as specifically modified by the Contract Change Order. This Change Order No. 1 to Contract No. C 11613 constitutes full and complete compensation for all costs associated with the above changes inclusive of insurance, contractors profit, direct and indirect overhead, extended office overhead, bonds, supervision, labor, materials and equipment. All other costs are non - compensable. All other provisions, requirements, terms and conditions contained in the above referenced Agreement remain in full force and effect. This Change Order is not valid until signed by both City and Contractor. Attachments: (List attached documents that support Change Order) Contractor's Change Order Requests City of Rosemead Prepared / Approved O roject Manager Date City Engineer Date Contractor/ Consultant Accepted By: Willdan Geotechnical Name of Contr Contractor Representative Signature Date r� Dt *� �ss Pr y Director of Public Works [wh en required] Printed Name, Title Additional City Approvals: Date Date Form PWE (Revised 5/09) Page 2 of 2 40/ WILLDAN I y t e r nding Geotechnical reach Revised March 8, 2012 (December 23, 2011) Mr. Rafael Fajardo City of Rosemead Public Works Department, Engineering Division 8838 E Valley Boulevard Rosemead, California 91770 Subject: Revised Scope of Work & Cost Estimate for Concrete Observation, Sampling & Testing Services, Rosemead Community Recreation Center/Library Parking Lot Project, City of Rosemead, California Reference: City of Rosemead Professional Services Agreement with Willdan Geotechnical for Geotechnical Services /Material Testing, Rosemead Community Recreation Center/Library Parking Lot, dated August 10, 2011, Contract No. C11613, Willdan Project No. 100853 Dear Mr. Fajardo: This proposal is revised to reflect actual extra charges accrued for providing concrete sampling and testing for this project. Willdan Geotechnical is pleased to present this Scope of Work and Cost Estimate per your verbal request to provide quality assurance (QA) testing for approximately 1,100 cubic yards of concrete to be placed for the parking lot and driveway pavement at the'subject project. We propose the following scope of work. This work replaces the originally proposed asphalt concrete observation and testing per the referenced contract. Scope of Work 1. Provide a qualified technician on a full -time basis to perform slump tests on the concrete be- ing delivered to the site, observe concrete placement, and cast one set of four (4) concrete cy- linders for each 150 cubic yards of concrete placed. 2. Pick -up concrete cylinders after field- curing period and deliver to Willdan's material testing laboratory in Anaheim for curing under controlled moisture and temperature conditions. 3. Perform and report on -going compression test results (7 -day and 14 -day breaks). 4. Perform and report completed compression test results (28 -day breaks). Based on compression and slump testing results, provide on -going reports indicating com- pliance or non- compliance of concrete mix with project documents and applicable codes. Engineering I Geotechnical I Environmental I Sustainabilily I Financial I Homeland Security Phone 714.634.3318 1 fax: 714.634.3372 11515 South Sunkist Street, Suite E, Anaheim, CA 92806 1 w .willdan.com Mr. Rafael Fajardo City of Rosemead Public Works Engineering Department Revised March S. 2012 (December 23, 2011) Page 2 6. Provide final report to the City. 7. Provide engineering support, technician coordination, dispatch, material engineering review, test reporting, QA/QC, and administrative support services Cost Estimate Our estimated costs for the proposed services are One Thousand Six Hundred Fifty Dollars ($1,650). Please note that these costs are approximately the same as the costs estimated for asphalt concrete placement observation, sampling and testing services in the referenced contract. As such, no additional budget is being requested by us In preparing this estimate we have assumed that prevailing wage rates are applicable. These fees are based on the scope outlined above and an estimated six (6) days of field work at eight (8) hours each day, including travel time. An itemized breakdown is provided below. The actual fees will be charged on a time -and- material basis. Weekends, holidays, and overtime hours are not included in this estimate. This is a Prevailing Wage Rate project. Estimated Fees For Concrete Observation, Sampling and Testing Services Field Observation & Testin Observe Placement of Concrete, Sample Concrete Hours $ 75 16 $ 1,200 & Perform Slump Tests, and Cast Cylinders for Compression Testing Cylinder Pick -Up — No Charge Laboratory Testing Compressive Strength — Concrete Cylinders Each $ 20 20 $ 400 (ASTM C39 /AASHTO T22) Test Reports Each $ 10 5 $ 50 On behalf of the principals and staff of Willdan Geotechnical we thank you for your consideration. We look forward to the opportunity to be of service. Please call me if you have any questions or need additional information. Respectfully Submitted, WILL GEOTE CHNICAL GirishAgrawal, PhD, PE, GE Principal Engineer Distribution: Addressee (via e -mail only) 40/ WI LLDAN I yeo#endng Geotechnical readi' March 6, 2012 Mr. Rafael Fajardo City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Subject: PROPOSAL FOR GEOTECHNICAL ENGINEERING INVESTIGATION SERVICES FOR DESIGN AND CONSTRUCTION OF PROPOSED NEW BUILDING (Building B) AT ROSEMEAD COMMUNITY RECREATION CENTER, CITY OF ROSEMEAD, CALIFORNIA Dear Mr. Fajardo: Willdan Geotechnical is pleased to present our Scope of Work, and Cost for your consideration to provide geotechnical engineering investigation for the proposed new building at Rosemead Community Recreation Center. It is our understanding that the proposed building is a 3,296 square feet, One Story, Type V.B., Occupancy A-3 structure. The project site is located in El Monte Quadrangle, Seismic Hazard Zones, per State of California, designated as having potential for liquefaction. I am the president of Willdan Geotechnical and designated contact person for this project. Following is my contact information: Ross Khiabani President/CEO Office: 714.634.3318 ext. 1782 Cell: 714 - 309 -9326 Email: rkhiabani(a)willdan.com This is to confirm that this proposal shall remain valid for a period of not less than 30 days from date of submittal and all information submitted with this proposal is true and correct.' On behalf of the principals and staff of Willdan Geotechnical we thank you for your consideration. We look forward to the opportunity to be of service. Please call me personally if you have any questions or need additional information. Respectfully Submitted, WILLDAN GEOTECHNICAL Ross Khiabani, PE, GE President/CEO Distribution: Addressee Engineering I Geotechnical I EnAmmental I Sustainability l Financial 1 . Homeland Security 714.634.3316 1 fax 714.634.3372 1 1515 South Sunkist Street, Suite E, Anaheim, CA 92806 1 w .willdan.com Scope of Work Our proposed approach and methodology to meet the objectives for the subject project is out- lined below. The tasks in the following work plan are to be performed in the order they are enu- merated. Willdan Geotechnical will provide all personnel, material, and equipment to perform the requested services. Task 1 — Research and Review We have done a preliminary review of available subsurface data, including information available in our files as well as published geologic and geotechnical maps and documents to determine the regional geology and subsurface conditions in the general area of the project site. Prior to con- ducting field investigations, we will revisit and update this information. Task 2 — Permitting and Utility Clearance Prior to field exploration, we will mark the boring locations and obtain a ticket number from Un- derground Services Alert ( "Dig Alert"). We will meet with utility company locators on site, if they so request. If drilling/encroachment permit required by the City of Rosemead, we assume that this will be a no -fee permit. Task 3 — Field Investigation The proposed field investigation is based on the available information, our experience with the type of development proposed, a preliminary review of published geotechnical and geologic in- formation, and our knowledge of the subsurface conditions in the general vicinity of the site. We propose to conduct the field investigation using soil borings. Two (2) soil borings will be drilled using a truck - mounted drill rig equipped with hollow -stem and /or solid -flight augers. One of the borings will be drilled to a minimum depth of 50 feet or refusal, whichever comes first to address the liquefaction potential and resulting dynamic and liquefaction settlements. Relatively undisturbed ring samples and disturbed Standard Penetration Test (SPT) samples will be collected at frequent intervals from the borings. An experienced member of our engineering / technical staff will log earth materials in the field in accordance with the Unified Soil Classifica- tion System — Visual/ Manual Procedure. The samples will be transported to Willdan's geotech- nical laboratory for testing. The boreholes will be backfilled with the excavated spoils and tamped. The surface in paved areas will be restored with cold -patch asphalt, as appropriate. City of Rosemead PROPOSAL FOR BUILDING ADDITION, Rosemead Community Recreation Center Task 4 — Geotechnical Laboratory Testing Geotechnical laboratory testing will be performed on representative samples of soil to evaluate the engineering characteristics of these materials. Testing will include a combination of the fol- lowing: • In situ moisture and density • Gradation • Atterberg limits and/or Expansion Index tests, only if clays are encountered • One - Dimensional Consolidation tests, only if clays are encountered • Direct Shear tests • Corrosion tests (Minimum Resistivity, pH, Sulfate Content and Chloride Content) Task 6 — Geotechnical Engineering Analyses Data obtained from subsurface exploration and laboratory testing will be evaluated to develop idealized subsurface profiles and define soil parameters for engineering analyses. The following analyses are anticipated for the project: • A seismic investigation that includes: (1) identification of known active and potentially active faults near the site as well as the nearby inactive faults, (2) Probabilistic Seismic Hazard Analysis (PSHA) to determine the peak horizontal acceleration (PHGA) and design spectra for 2 percent probability of exceedance in 50 years (the Maximum Considered Earthquake, MCE) per CBC 2010, and (3) Spectral response coefficients and site coefficients per the re- quirements of the 2010 CBC (Ss, S SD, SDI, Cs, F and F • Evaluation of the potential for liquefaction, earthquake - induced settlement, and lateral spreading based on DBE event, if applicable, for the site. • Assessment of general subsurface conditions; • Analysis of bearing capacities of foundation soils, friction coefficient and adhesion at the base of the footings, and total and differential settlement criteria; • Grading and fill compaction criteria; and • Determination of subgrade soil expansion/collapse potential and potential for chemical corro- sion of reinforced concrete and metal in contact with soil in the foundation zone. Task 7 — Geotechnical Report Preparation Upon completion of the above tasks, Willdan Geotechnical will prepare a geotechnical investiga- tion report which will be signed and stamped by a California Registered Geotechnical Engineer (GE). The report will contain our findings, conclusions, and recommendations for the proposed improvements. The report is envisioned to include the following: City of Rosemead PROPOSAL FOR BUILDING ADDITION, Rosemead Community Recreation Center • Figures showing the site location and the final location of subsurface exploration; • A description of the field and laboratory procedures used in the investigation; • A discussion of the materials encountered in the borings and measured engineering properties including soil strata, and present and historical ground water levels; • Logs of exploratory borings detailing the soil conditions encountered and results of the geo- technical laboratory testing; • A description of the site geology, including information obtained from the soil borings; • A discussion of site - specific geologic hazards, including detailed description of the location and characteristics of known faults near the site and the potential for fault rupture through the site, liquefaction, seismic - induced landslide, and earthquake - induced ground subsidence and/or flooding; • The peak horizontal acceleration for 2 percent probability of exceedance in 50 years (Maxi- mum Considered Earthquake, MCE); • The site seismic - Resistance Design parameters per CBC (2010); • Recommendations for foundation design, vertical and lateral (passive and friction) load ca- pacities, and minimum embedment depth of various types of footings; • Information on total and differential settlements, both short term and long term, based on the recommended foundation system; • A discussion of the corrosivity and sulfate and/or chloride attack potential of onsite soils; and • Recommendations for general site grading, including removal and/or treatment of compress- ible, liquefiable, expansive /collapsible, or otherwise unsuitable soils. Recommendations for use of on -site material as fill, placement and compaction of engineered fill and backfill ma- terial. The report will be delivered as an electronic copy in PDF format. If requested, we will also de- liver the report in printed, bound form. ESTIMATED COST We propose to perform the above scope of work for an estimated cost of Nine Thousand Five Hundred Dollars ($ 9,500). City of Rosemead PROPOSAL FOR BUILDING ADDITION, Rosemead Community Recreation Center Ca1PM „ California Public Employees' Retirement System tyI AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Rosemead The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 12, 1992, and witnessed September 8, 1992, and as amended effective April 9, 1993, July 27, 1998, November 5, 2007, April 24, 2009 and December 13, 2010 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective December 13, 2010, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 12, 1992 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. F.,.a h -! da. 3.;' Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System CalPERS a , Y (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees P..J that may arise as a result of any of the following: h: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non- CaIPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and /or Public Agency's election to reject this Contract with the CalPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CalPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. Xu Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as n.a local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. SAFETY EMPLOYEES; b. "PLANNING AND TRAFFIC COMMISSION "; C. ADMINISTRATIVE INTERNS HIRED ON OR AFTER APRIL 24, 2009; AND d. LIFEGUARD -SWIM INSTRUCTOR, LIFEGUARD AND RECREATION LEADER HIRED ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT TO CONTRACT. 6. Assets heretofore accumulated with respect to members in the local retirement system have been transferred to the Public Employees' Retirement System and applied against the liability for prior service incurred thereunder. 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after November 5, 2007 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Supplemental to Federal Social Security). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after November 5, 2007 and not entering membership for the first time in the miscellaneous classification after December 13, 2010 shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7 % at age 55 Supplemental to Federal Social Security). 9. The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after December 13, 2010 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Supplemental to Federal Social Security). r.a Xa 1k, Public Agency elected and elects to be subject to the following optional provisions: a. Section 20938 (Limit Prior Service to Members Employed on Contract Date). b. Section 21536 (Local System Service Credit Included in Basic Death Benefit). h.� h_ c. Section 21031 (Public Service Credit for Limited Prior Service). d. Section 21024 (Military Service Credit as Public Service). e. Section 20042 (One -Year Final Compensation). f. Section 20475 (Different Level of Benefits). Section 21354 (2% @ 55 Supplemental formula) is applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after December 13, 2010. 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 12. Public Agency shall also contribute to said Retirement System as follows: a. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. b. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 13. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 1¢; Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. !E5 - B. This amendment shall be effective on the day ofZ. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY Vl- KAREN DE FRANK, CHIEF CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL CITY OF ROSEMEAD BY PRE8ffING OFFI ER —1c,y C1vAn_ \\ i q-00, Witness Date Attest: AMENDMENT CaIPERS ID #3461671991 PERS- CON -702A Amo� Actuarial & Employer Services Branch P.O. Box 942709 Sacramento, CA 94229 -2709 Telecommunications Device for the Deaf - (916) 795 -3240 CaIPERS (888) CalPERS (225 -7377) FAX (916) 795 -3005 March 13, 2012 Mr. Matthew E. Hawkesworth Assistant City Manager City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Dear Mr. Hawkesworth: CalPERS ID# 3461671991 The contract amendment has been executed by CalPERS. The effective date of the contract amendment is February 10, 2012. If you have any questions regarding your contract, please do not hesitate to contact our office at (888) CalPERS (225- 7377). Sincerely, Retirement Contract Services Enclosure California Public Employees' Retirement System www.calpers.ca.gov y CITY OF ROSEMEAD, CALIFORNIA Public Works/ Engineering: 8838 East Valley Boulevard, Rosemead, California 91770 (626) 569 -2150 FAX: (626) 307 -9218 CONTRACT CHANGE ORDER Date: March 7, 2012 Contract Number: C 11601 Sylmar, CA 91342 -1631 Contractor Telephone: (818) 362 -8886 Mark R. Danielson Contractor Fax: (818) 362 -8000 Description of Change (additional sheet attached) Project: City Hall Complex Rehabilitation - Surveying Change Order Number: 5 Spec No.: To: Danielson Surveying 13916 Tyler Street Replace Boundary Monuments after Construction ..................... ............................... $ 2,250.00 (as per Attached Proposal) Total Contract Change Order No. 5 $2,250.00 Reason for Change (additional sheets attached) ❑ The above described changes were outside the original scope of work of project. Distribution Contractor ® Consultant ❑ Division ® Project Manager ® Project File ® Other: ❑ Form PWE (Revised 5/09) Page 1 of 2 CITY OF ROSEMEAD CONTRACT CHANGE ORDER The change results in the following adjustment of Contract Price and /or Time: Description Amount (% Change) Original Contract Price ....... ...................................................... -............................................. $ 4,830.00 Net Change by Previously Authorized Change Orders/ Contract Amendment ..................... _------ $ 11,717.50 (242.6 %) This Change Order ................................. _- -................ ................ -- .................................. _ - $ 2,250.00 (46.5 %) Total Change Order Amount including this Change Order ........................... ......................... . . . ... $ 13,967.50 (289.1 %) Contract Price after Change Order ............................. _.................. _................. --- .................... $ 18,797.50 Account/Program Numbers Contract Time prior to Change Net Increase in Days Authorized by this Change Order Current Contract Time including this Change Order__________ _______________________________ Project Completion Date Including Net Increase in Days by Change Order..- - -.... N/A N/A N/A Contractor is hereby directed to make the herein - described changes and /or perform said herein - described work in connection with above reference project. All new work shall conform to the applicable provisions of the plans and specifications, except as specifically modified by the Contract Change Order. This Change Order No. 5 to Contract No. C 11601 constitutes full and complete compensation for all costs associated with the above changes inclusive of insurance, contractors profit, direct and indirect overhead, extended office overhead, bonds, supervision, labor, materials and equipment. All other costs are non - compensable. All other provisions, requirements, terms and conditions contained in the above referenced Agreement remain in full force and effect. This Change Order is not valid until signed by both City and Contractor. Attachments: (List attached documents that support Change Order) Consultant's Change Order Request 301 - 6005 - 5225 - 31004 -201 — $ 2,250.00 .......... (Old No. 4760-101-4905-P45501) City of Rosemead Contractor/ Consultant Prepared By: Accepted By: ®r. ,. 5; 2 /` � Danielson Surveying o /ect Maneiger Date N o ontractor C r City Engineer Date tractor Representative Signature P rinted Name, Title Approved B : Public Works Director (when required) Da Additional City Approvals: Date Date Date Form PWE (Revised 5/09) Page 2 of 2 Danielson Surveying Professional Land Surveyors "Where Quality is Paramount' Main office (mailing): 13916 Tyler St., Sylmar, CA 91342 X Satellite office: Irwindale, CA 91706 (818) 362 -8886 (626) 337 -6854 Fax: (818) 362 -8000 Website: www.danielsonsurveying.com Email: info @danielsonsurveying.cem Change Order Request City of Rosemead Public Works Department /Attention Rafael Fajardo rfajardo@cityofrosemead.org Project: Civic Center — 8838 E. Valley Blvd., Rosemead 91770 Contract # C11601 Date: March 7, 2012 Work Order Number: 6120 -0001 D DS Contract Number: DS P -6880 Rosemead Contract Number: C111601 We will perform the following survey services ... O Re- monument boundary lines after construction including temporary control and punching of discs of any well monuments where deemed appropriate (as discussed on March 6, 2012) Total Cost: $2,250 Work requested by: client Change Order Expires: 7 days from above date In order to begin your project, we will need ... O Approval Signature O Retainer - - waived > Invoice will be provided upon completion O Receipt of the above mentioned items will be taken as acceptance and initiation of this change order. Work will commence upon written authorization. If you have any questions or comments, please do not hesitate to contact us. Sincerely, �3 7// Z Mark R. Danielson, PLS 7882 Approval Signature I Date This contract may be cancelled] at any time by either party for any reason within 7 days of written notice. This CO 6120 -0001 D Will cause all work performed to date to be payable per current fee schedule, not b exceed] the amount or the lump sum of the task currently in progress. If eddlgonel services of any kind] related] to this project are required], such as additional work, legal proceeding. m site meetings, said services shall be performed according to the current Fee Schedule with an approved] change order.