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PC - 2012-15 - Design Review 12-03 Permitting the Facade Remodel of an Existing Commercial Building and Site Improvements at 8729 ValleyPC RESOLUTION 12 -15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 12 -03, PERMITTING THE FACADE REMODEL OF AN EXISTING COMMERICAL BUILDING AND SITE IMPROVEMENTS LOCATED AT 8729 VALLEY BOULEVARD IN THE C -3D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN: 5391 - 007 -002). WHEREAS, on June 12, 2012, Dzung Xuan Pham submitted an application to remodel the fagade of an existing commercial building, restripe the parking lot and install new landscaping and new signage on the site located at 8729 Valley Boulevard; and WHEREAS, 8729 Valley Boulevard is located in the C -3D (Medium Commercial with a Design Overlay) zoning district; and WHEREAS, Section 17.72.050 of the Rosemead Municipal Code (RMC) provides the purpose and criteria for a design review; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.72.050 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or deny design review applications; and WHEREAS, on August 9, 2012, forty -one (41) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in six (6) public locations and on -site, specifying the availability of the application, plus the date, time, and location of the public hearing for Design Review 12 -03, and on August 9, 2012, the notice was published in the Rosemead Reader; and WHEREAS, on August 20, 2012, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 12 -03; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1 . The Planning Commission HEREBY DETERMINES that Design Review 12 -03 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act guidelines. Section 15301 of the CEQA exempts projects that consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 12 -03 in accordance with Section 17.72.030 et seq., of the Rosemead Municipal Code as follows: A. The plans indicate proper consideration for the relationship between the proposed building and site developments that exist or have been approved for the general neighborhood; FINDING: The building site proposed for renovation is located within an established commercial district of the City. The applicant has provided an aesthetically complementary design for the building, which includes new building wall colors and modern design style that will vastly improve the existing commercial building and its relationship to the commercial district. The proposed project is consistent with Goal 2, Policy 2.5 of the Land Use Element of the City's General Plan in that it calls for the upgrading of commercial uses by implementing architectural and design reviews of proposals for remodel of existing buildings. B. The plan for the proposed building and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations and other factors which may have an adverse effect on the environment and the manner of screening mechanical equipment, trash, storage, and loading areas. FINDING: All lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. This fagade remodel will not generate any permanent impacts to noise levels for the surrounding area. All construction work will be required to comply with the timeframe, and decibel levels indicated in the City's Noise Ordinance (Ordinance 478 and 541). Conditions of approval specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting, and the overall maintenance of the property. C. The proposed building or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing buildings or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value; FINDING: The proposed project will not depreciate the area. It will improve the physical appearance of the existing building and the overall site. These improvements to the site in terms of fagade remodel and new landscaping will provide a marked improvement over the appearance of other neighboring buildings along Valley Boulevard. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in those instances where buildings are within or adjacent to land shown on the General Plan as being part of the Civic Center or in public or educational use, or are within or immediately adjacent to land included within any precise plan which indicates building shape, size, or style. FINDING: The property is not part of the Civic Center Plan, precise plan, or land reserved for public or educational use. The applicant has proposed a good architectural design with the proposed modifications to the building exterior, which will create an improved site that is aesthetically complementary to the surrounding area. The proposed upgrade of the existing building fagade with higher quality materials and modern design and the parking lot improvements will enhance the aesthetics of the area, and will potentially improve land values in the general area. E. The proposed development is in conformity with the standards of this code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved. FINDING: This proposed development meets all of the minimum code requirements for the C -31D (Medium Commercial with Design Overlay) zone, and all applicable referenced code sections of the Rosemead Municipal Code. F. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaries, and other site feature indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effect of the development from the view of public streets. FINDING: Access to the site is located on Valley Boulevard and from the adjacent alley via a two -way drive aisle for ingress and egress. The parking lot is conveniently located along the west side of the lot and at the rear of the office building. All parking lot lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Lastly, this building renovation will greatly improve the visual effect of the site from the view of the public streets, primarily Valley Boulevard and Bartlett Avenue. SECTION 3 . The Planning Commission HEREBY APPROVES Design Review 12 -03 for the fagade remodel of an existing commercial building and site improvements located at 8729 Valley Boulevard, and subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4 . This action shall become final and effective ten (10) days after this decision by the Planning Commission, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Article IX - Planning and Zoning of the Rosemead Municipal Code. SECTION 5 . This resolution is the result of an action taken by the Planning Commission on August 20, 2012, by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ, SACCARO NO: NONE ABSENT: NONE ABSTAIN: NONE SECTION 6 . The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 20 day of August, 2012. C)iaLA icto Ruiz, hai 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 20 day of August, 2012 by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ, SACCARO NO: NONE ABSENT: NONE ABSTAIN: NONE APPROVED AS TO FORM: 4k"a Michelle Ramirez, S eetary Grego M. Murphy, Pla}a ing Commission Attorney Burke, Williams & Sorensen, LLP EXHIBIT "B" DESIGN REVIEW 12 -03 8729 VALLEY BOULEVARD (APN: 5391- 007 -002) CONDITIONS OF APPROVAL August 20, 2012 1. Design Review 12 -03 is approved for the remodel of the fagade of an existing office building, parking lot improvements including new landscaping and new signage on the site, in accordance with the plans marked Exhibit "C ", dated August 9, 2012. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. The following conditions must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 3. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions for review. 4. Approval of Design- Review 12 -03 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he /she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval date. 5. Design Review 12 -03 is approved for a period of one (1) year. The applicant shall commence the proposed project or request an extension within 30- calendar days prior to expiration. The one (1) year initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If the Design Review 12 -03 has been unused, abandoned or discontinued for a period of one (1) year it shall become null and void. 6. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications to the project and to these conditions of approval. 7. Design Review 12 -03 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Design Review 12 -03. 8. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and /or City Council concerning the project, which action is brought within the time period provided by law. 9. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff, and Health Departments. 10. Building permits will not be issued in connection with any project until such time as all plan check fees, and all other applicable fees are paid in full. Prior to issuance of building permits, any required school fees shall be paid. The applicant shall provide the City with written verification of compliance from the applicable school districts 11. The numbers of the address signs shall be at least 6" tall with a minimum character width of 1/4 ", contrasting in color and easily visible at driver's level from the street. Materials, colors, location, and size of such address numbers shall be approved by the City Planner, or his or her designee, prior to installation. 12. The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday to Saturday. No construction shall take place on Sundays or on any federal holiday without prior approval by the City. 13. The Planning staff shall have access to the subject property at any time during construction to monitor progress. 14. The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within twenty -four (24) hours. A 24 -hour, Graffiti Hotline can be called at (626) 569 -2345 for assistance. 15. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010 - 8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 16. The applicant shall submit a Master Sign Program for the property to the Planning Division for review and approval prior to finalization of building permits for the project. 17. All new roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Division. There shall be no mechanical equipment located on the sides of the building. Such equipment shall not exceed the height of the parapet wall. All ground level mechanical /utility equipment (including meters, back flow preservation devices, fire valves, A/C condensers, furnaces, utility cabinets, and other equipment) shall be located away from public view or adequately screened by landscaping or screening walls so as not to be seen from the public right of way or other public space within the development. The Planning Division shall approve said screening prior to installation. 18. The parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Division. Such striping shall be maintained in a clear, visible, and orderly manner. 19. 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. 20. All exterior lighting shall be fully shielded and directed downwards as to not project over property lines. 21. All open areas not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. The landscape planters shall include a wide variety of plant materials that are drought tolerant and an irrigation system that includes a sprinkler system with automatic timers and moisture sensors. 22. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. 23. Prior to the issuance of building permits, the developer shall provide a courtesy notice of the start of construction to the occupants of abutting properties and provide a copy of the notice to the Planning Division. 24. All requirements of the Building and Safety Division and the Planning Division shall be complied with prior to the final approval of the proposed construction. 25. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Design Review 12 -03.