PC - Item 3A - Modification 13-01 at 8526 Valley BoulevardROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: MAY 20, 2013
SUBJECT: MODIFICATION 13 -01
8526 VALLEY BOULEVARD
Summary
Diamondhead, LLC has submitted a Modification application, requesting to modify
condition of approval number 37 of Design Review 03 -104 (Modification) to permit
10,000 square feet of restaurant and fast food use and 15,500 square feet of retail or
office use within the shopping - center currently under construction at 8526 Valley
Boulevard, which is located in a C -3D (Medium Commercial with a Design Overlay)
zone.
Environmental Determination:
Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempts
projects that consist of operation, repair, maintenance, permitting, licensing, leasing or
minor alteration of existing public or private structures involving negligible or no
expansion of an existing use beyond that existing at the time of the Lead Agency's
determination. Accordingly, Modification 13 -01 is classified as a Class 1 Categorical
Exemption pursuant to Section 15301 of CEQA guidelines.
Staff Recommendation
Based on the analysis and findings contained in this report, it is recommended that the
Planning Commission ADOPT Resolution No. 13 -06 with findings (Exhibit "A ") and
APPROVE Modification 13 -01 subject to the forty (40) conditions outlined in Exhibit "B"
attached hereto, including the modifications to conditions 1, 32, and 37 and new
condition 40.
Property History and Description
The subject site is located at the southwest corner of Walnut Grove Avenue and Valley
Boulevard. The project area consists of three (3) parcels totaling 69,561 square feet
(1.59 acres) plus approximately 36,498 square feet of Los Angeles County Flood
Control property for parking. The site is currently developed with a 28,878 square foot
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May 20, 2013
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McDonald's restaurant building and parking lot that was previously approved under
Design Review 01 -89 and Zone Variance 01 -303 on January 21, 2001.
On June 16, 2003, the Planning Commission approved Design Review 03 -104 for the
development of three (3) new commercial buildings totaling 30,000 square feet.
However, the project was modified on July 18, 2005, under Design Review 03 -104
(Modification), for the development of a shopping center consisting of two (2)
commercial buildings totaling 25,500 square feet of office and retail use. This project is
currently under construction and the Building and Safety Division estimates the project
will be completed by the end of this summer. Condition of approval number three (3),
requiring progress towards initiation of proposed use, is deemed to be met by virtue of
the ongoing construction.
Site & Surrounding Land Uses
The project site is designated in the General Plan as Commercial and on the zoning
map it is designated C -31D (Medium Commercial with a Design Overlay) zone. The site
is surrounded by the following land uses:
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May 20, 2013
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North:
General Plan:
Commercial
Zoning:
C -31D (Medium Commercial with a Design Overlay)
Land Use:
Commercial
South:
General Plan:
Low Density Residential
Zoning:
P -D (Planned Development)
Land Use:
Residential
East:
General Plan:
High Intensity Commercial
Zoning:
C-4D (Regional Commercial with a Design Overlay)
Land Use:
Commercial and Residential
West:
General Plan: Commercial and Low Density Residential
Zoning: C -31D (Medium Commercial with a Design Overlay) and
P -D (Planned Development)
Land Use: Commercial and Residential
Administrative Analysis
Design Review 03 -104 (Modification) was approved with thirty -nine (39) conditions of
approval. The conditions of approval have been attached to this staff report as Exhibit
"C." The applicant is requesting to modify condition of approval number 37, which
currently states: "No restaurant or food uses shall be permitted in Building A or Building
B due,to parking constraints." The purpose of modifying condition of approval number
37 is to allow up to 10,000 square feet of floor area to be used for restaurant and fast
food use and up to 15,500 square feet of floor area to be used for office and retail use
within Buildings A and B. The following table provides a breakdown of the proposed
uses within each building.
Parking Analysis
According to the Rosemead Municipal Code (RMC), a shopping center is defined as a
single parcel of land with two or more uses and situated within the C -3 (Medium
Commercial) zone. Furthermore, RMC Section 17.84.100(C) requires one (1) parking
space for each two hundred fifty (250) square feet of combined gross floor area if the
total combined floor space of all structures on the parcel is one hundred thousand
Proposed and Existing Uses within the Shopping Center
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(100,000) square feet or less of floor area. Based on this definition and these parking
requirements, the center would provide an adequate number of parking spaces onsite.
Twenty eight thousand, eight hundred seventy -eight (28,878) square feet of shopping
center gross floor area requires one hundred sixteen (116) parking spaces. The subject
commercial center will provide one hundred fifty -three (153) parking spaces.
During the review of the applicant's current request, staff consulted with the City's
Traffic Consultant. The City's Traffic Consultant has concluded that the proposed
number of parking spaces is anticipated to accommodate the demand of this
development.
Staff has carefully reviewed the applicant's request to verify that the proposed
development would remain in conformity with the standards of the Rosemead Municipal
Code if condition of approval number 37 was modified. For this reason, it is
recommended that condition of approval number 37 be revised to state the following:
Building A and B shall be limited to 10,000 square feet of restaurant or fast food use
and 15,500 square feet of retail or office use.
As a result of the applicant's request for this modification and of the changes in City
standards and policies subsequent to the original approval, it is recommended that the
following conditions be revised and added to the Conditions of Approval for this project
to more accurately reflect both the nature of the project and the City's requirements for
its construction and use:
Condition of Approval Number 1
Design Review 03 -104 (Modification) is approved for the for the construction a 28,000±
square foot.shopping center in accordance with the plan marked Exhibit "B" dated June
14, 2005. Modification 13 -01 is approved for 10,000 of restaurant or fast food use and
15,500 square feet of retail or office use in Buildings A and B. Any revisions to the
approved plans and colored elevations must be resubmitted for review and approval by
the Planning Department.
Condition of Approval Number 32:
The trash enclosures must have a solid roof top. The trash enclosure shall have
opaque steel self - closing and self - latching doors. The trash area must be maintained
and the opaque doors shall be closed at all times.
Condition of Approval Number 40
Modification 13 -01 is granted or approved with the City, 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,
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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 Modification 13 -01.
Municipal Code Requirements
Section 17.72.030 of the Rosemead Municipal Code (RMC) states that design review
procedures shall be followed for all improvements requiring a building permit or visible
changes in form, texture, color, exterior fagade, or landscaping. Chapter 17.72 does not
contain standards for the modification of a Design Review. There being no specific
criteria for modification of a conditional use permit, staff is applying the requirements for
the initial grant of the approval to the applicant's request for a modification. Section
17.72.050 provides the criteria by which the Planning Commission may approve,
approve with conditions, or deny a design review application:
• The plans indicate proper consideration for the relationship between the
proposed structure and site developments that exist or have been approved for
the general neighborhood;
There are multiple commercial retail and restaurant uses in the vicinity of the
project center, including the adjacent New Valley Plaza. The proposed shopping
center, as modified by this request, will be in harmony with these existing
developments. Furthermore, the development will remain in conformity with the
standards of the Rosemead Municipal Code, with the modification of condition of
,approval number 37. Twenty eight thousand, eight hundred seventy -eight
'(28,878) square feet of shopping center gross floor area requires one hundred
sixteen (116) parking spaces. The subject commercial center will provide one
hundred fifty -three (153) parking spaces.
• The plan for the proposed structure 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.
On July 18, 2005, the Planning Commission approved Design Review 03 -104
(Modification) for the construction of two (2) commercial buildings, consisting of
25,500 square feet of gross floor area. No building modifications are proposed
with the modification of condition of approval number 37, but improved screening
of trash areas is proposed via the modification to condition of approval number
32. This development will not adversely affect surrounding properties.
• The proposed structure or site development is not, in its exterior design and
appearance, so at variance with the appearance of other existing building or site
developments in the neighborhood as to cause the nature of the local
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May 20, 2013
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environment to materially depreciate in appearance and value.
The modification of condition of approval number 37 will not affect the overall
building design that was approved by the Planning Commission on July 18, 2005.
The shopping center is currently under construction, and staff has performed
several site visits to check on the construction process. The shopping center will
continue to be in line with contemporary commercial buildings found currently in
the immediate vicinity and with other commercial centers in this region.
• The proposed building or structure is in harmony with the proposed
developments on land in the general area, especially those instances where
buildings are within or adjacent to land shown on the General Plan as being part
of the Civic Center or in public or educational use, or are within or immediately
adjacent to land included within any precise plan which indicates building shape,
size, or style.
The approved design will create a development that is aesthetically pleasing and
enhances land values and employment opportunities in the general area. The
project has a variety of earth tones and brown tones for the exterior, stone
veneer, ceramic mosaic tile accents, molding as well as a Spanish roof tile.
These design elements along with the contemporary architectural style will give
the final product a very rich look which will set a standard for higher quality
projects along Valley Boulevard and in the City in general. Lastly, the property is
,not part of the Civic Center Plan, precise plan or land reserved for public or
'educational use.
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; and
This proposed development, as modified, will continue to meet 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.
• The site plan and the design of the buildings, parking areas, signs, landscaping,
luminaries, and other site features indicates that proper consideration has been
given to both the functional aspects of the site development, such as automobile
and pedestrian circulation, and the visual effect of the development from the view
of public streets.
The modification of condition of approval number 37 will not affect the site plan
and the design of the buildings, parking areas, signs, landscaping, luminaries,
and other site features that was approved by the Planning Commission on July
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18, 2005. The shopping center is currently under construction, and staff has
performed several site visits to check on the construction process.
Public Notice Process
This item has been noticed through the regular agenda notification process, which
includes a 300' radius public hearing notice to fifty -six (56) property owners, publication
in the Rosemead Reader on May 9, 2013, and postings of the notice at the six (6) public
locations and on the subject site.
Prepared by:
* -Aa
Lily Trinh
Acting Associate Planner
Submitted by: 1n
Michelle Ramirez
Community Development Director
EXHIBITS:
A. Resolution 13 -06
B. Revised Conditions of Approval
C. Site Plan /Floor Plan /Elevations
D. Assessor Parcel Map (5371- 011 -015, 016, & 017)
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EXHIBIT "A"
PC RESOLUTION 13 -06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING MODIFICATION 13 -01, TO MODIFY CONDITION OF
APPROVAL NUMBER 37 TO PERMIT 10,000 SQUARE FEET OF
RESTAURANT AND FAST FOOD USE AND 15,500 SQUARE FEET OF
RETAIL OR OFFICE USE WITHIN THE SHOPPING CENTER LOCATED
AT 8526 VALLEY BOULEVARD (APNS: 5371 - 011 -015, 016, & 017).
WHEREAS, on March 12, 2013, Diamondhead, LLC filed a Modification
application, requesting to modify condition of approval number 37 of Design Review 03-
104 (Modification) to permit 10,000 square feet of restaurant and fast food use and
15,500 square feet of retail or office use within the shopping center currently under
construction at 8526 Valley Boulevard; and
WHEREAS, 8526 Valley Boulevard is located in the C -31D (Medium Commercial
with 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 May 9, 2013, fifty -six (56) notices were sent to property owners,
publication in the Rosemead Reader, and postings of the notice at the six (6) public
locations and on the subject site; and
WHEREAS, on May 20, 2013, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Modification
13 -01; and
WHEREAS, the 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 13 -01 is classified as a Class 1 Categorical Exemption pursuant to Section
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15301 of CEQA guidelines. Section 15301 of the California Environmental Quality Act
(CEQA) guidelines exempts projects that consist of operation, repair, maintenance,
permitting, licensing, leasing or minor alteration of existing public or private structures
involving negligible or no expansion of an existing use beyond that existing at the time
of the Lead Agency's determination.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Modification 13 -01 in accordance with Section
17.72.030 et seq., of the Rosemead Municipal Code as follows:
A. The plans indicate proper consideration for the relationship between the
proposed building and site developments that exist or have been approved for the
general neighborhood;
FINDING: There are multiple commercial retail and restaurant uses in the vicinity
of the project center, including the adjacent New Valley Plaza. The proposed shopping
center, as modified, will be in harmony with these existing developments. Furthermore,
the development will remain in conformity with the standards of the Rosemead
Municipal Code, with the modification of condition of approval number 37. Twenty eight
thousand, eight hundred seventy -eight (28,878) square feet of shopping center gross
floor area requires one hundred sixteen (116) parking spaces. The subject commercial
center will provide one hundred fifty -three (153) parking spaces.
i.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: On July 18, 2005, the Planning Commission approved Design Review
03 -104 (Modification) for the construction of two (2) commercial buildings, consisting of
25,500 square feet of gross floor area. No building modifications are proposed with the
modification of condition of approval number 37, but improved screening of trash areas
is proposed via the modification to condition of approval number 32. This development
will not adversely affect surrounding properties.
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 modification of condition of approval number 37 will not affect the
overall building design that was approved by the Planning Commission on July 18,
2005. The shopping center is currently under construction, and staff has performed
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several site visits to check on the construction process. The shopping center will
continue to be in line with contemporary commercial buildings found currently in the
immediate vicinity and with other commercial centers in this region.
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 approved design will create a development that is aesthetically
pleasing and enhances land values and employment opportunities in the general area.
The project has a variety of earth tones and brown tones for the exterior, stone veneer,
ceramic mosaic tile accents, molding as well as a Spanish roof tile. These design
elements along with the contemporary architectural style will give the final product a
very rich look which will set a standard for higher quality projects along Valley Boulevard
and in the City in general. Lastly, the property is not part of the Civic Center Plan,
precise plan or land reserved for public or educational use.
E. The proposed development, as modified, will continue to be in conformity with
the standards of this code and other applicable ordinances in so far as the location and
appearance of the buildings and structures are involved.
,FINDING: This proposed development meets all of the minimum code
requirements for the C -3D (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: The modification of condition of approval number 37 will not affect
the site plan and the design of the buildings, parking areas, signs, landscaping,
luminaries, and other site features that was approved by the Planning Commission on
July 18, 2005. The shopping center is currently under construction, and staff has
performed several site visits to check on the construction process.
SECTION 3 . The Planning Commission HEREBY APPROVES Modification 13-
01 to permit 10,000 square feet of restaurant and fast food use and 15,500 square feet
of retail or office use within the shopping center located at 8526 Valley Boulevard.
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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 May 20, 2013, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
SECTION 6 . The Secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the applicant and to the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 20th day of May, 2013.
Victor Ruiz, Chair
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 20th day of
May, 2013, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Michelle Ramirez, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
May 20, 2013
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EXHIBIT "B"
MODIFICATION 13 -01
ORIGINALLY DESIGN REVIEW 03 -104 (MODIFICATION)
8526 VALLEY BOULEVARD
(APNs: 5371 - 011 -015, 016, & 017)
CONDITIONS OF APPROVAL
May 20, 2013
1. Design Review 03 -104 (Modification) is approved for the for the
construction of a 28,000± square foot shopping center in accordance with
the plan marked Exhibit "B" dated June 14, 2005. Modification 13 -01 is
approved for 10,000 of restaurant or fast food use and 15,500 square feet of
retail or office use in Buildings A and B. Any revisions to the approved
plans and colored elevations must be resubmitted for review and approval
by the Community Development Department.
2. Approval of Design Review 03 -104 (Modification) 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 set forth
in the letter of approval and this list of conditions.
3. Design Review 03 -104 (Modification) is approved for a period of one (1) year.
Applicant shall make progress towards initiation of proposed use or request an
extension 30 days prior to expiration from the Planning Commission. Otherwise
Design Review 03 -104 (Modification) shall become null and void.
4. 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.
5. Prior to the issuance of building permits, all fees payable under State Law shall
be paid.
6. Planning staff shall have access to the subject property at any time during
construction to monitor progress.
7. All roof top appurtenances and equipment shall adequately be screened from
view to the satisfaction of the Planning Department.
8. 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
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the street. The location, color and size of such sign shall be subject to the
approval of the Planning Director.
9. Applicant shall obtain a public works permit for all work in or adjacent to the
public right -of -way.
10. All conditions of Case No.: DESIGN REVIEW 03 -104 must be complied with to
the satisfaction of the Director of Planning.
11. A permanent maintenance program of all landscaping shall be provided insuring
regular irrigation, fertilization and weed abatement.
12. Window signage area shall be limited to a maximum of 15% of the window and
door area. Applicant shall remove that signage which exceeds the 15%
coverage area.
13. Signs shall comply with the sign program indicated in this report and that of
Chapter 17.104 of the Rosemead Municipal Code. A uniform signage program
shall be developed and submitted to the Planning Department for review and
approval.
14. The conditions listed on this exhibit shall be copied directly onto any
development plans subsequently submitted to the planning and building
departments for review.
15. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected,
and maintained in a clean, safe, and sanitary condition.
16. 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) 307 -0463 for assistance.
17. 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.
18. Adequate lighting shall be provided in the vehicle parking area. All exterior
lighting shall be directed away from adjacent properties and shielded on all sides.
19. The parking area, including handicapped spaces, shall be paved and re- painted
periodically to City standards to the satisfaction of the Planning Department. In
accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated
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May 20, 2013
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parking venues shall be striped. Such striping shall be maintained in a clear,
visible, and orderly manner.
20. Pursuant to California Vehicle Code Section ❑ 22261.8, at least two (2) percent
of the required parking stalls shall be designated for handicap space. A letter by
the property owner shall be given to the city authorizing enforcement.
21. The parking space markers — including double striping, wheel stops, and
handicapped - -shall be repainted periodically to city standards and to the
satisfaction of the planning department.
22. 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.
23. Any changes to the condition of operation listed in this Exhibit "A" must be first
approved by the Planning Commission through a modification application.
24. The Planning Department staff shall conduct periodic inspections during the
construction process of this proposed development.
25. A landscape and irrigation plan shall be submitted to the Planning Department
prior to issuance of Building Permits. The landscape/ irrigation plan shall include
,an automatic sprinkler system and moisture sensors.
26. All existing structures on the site shall be demolished within ninety (90) days of
this approval.
27. Prior to construction commencing, the contractor shall schedule a pre -
development meeting with the Planning Department staff to review the conditions
of approval and construction plans.
28. The exterior wall areas of the raised center elements shall have a smooth plaster
finish, with the remaining stucco wall areas to match the sand finish of the
existing McDonalds Restaurant. -
29. Cornice details on all six (6) towers shall be removed and replaced with
decorative cut exposed rafter tails, with a minimum 24" eave overhang.
30. All wall surface areas on all six (6) towers must be covered with stone veneer
including all columns at the base of the towers.
31. Two (2) additional trash enclosures shall be provided on the site; one (1) on the
south end of the parking lot and one (1) on the west end of the parking lot.
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May 20, 2013
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32. The trash enclosures must have a solid roof top. The trash enclosure shall
have opaque steel self - closing and self - latching doors. The trash area
must be maintained and the opaque doors shall be closed at all times.
33. If it is found that the property owner does not own the underlying ground, an
ingress /egress covenant shall be recorded between the developer and the Los
Angeles County Flood Control District that grants the developer a long -term
lease to construct a parking lot for the proposed development over the Rubio
Wash.
34. Each driveway entrance shall be paved with stamped, colored concrete to match
existing driveway entrances to the McDonald's development.
35. A reciprocal ingress /egress /parking covenant shall be recorded between all
parcels that requires the development provide parking spaces for the McDonald's
site for the live of the development.
36. The applicant must obtain a Building Permit from the County of Los Angeles for
the construction of a parking lot over the Rubio Wash.
37. Building A and B shall consist of up to 10,000 square feet of restaurant or
fast food use and 15,500 square feet of retail or office use.
38. Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
39. Screening shall be provided on the entire west property line in the form of a T -0"
split face block wall if the shrubbery is not dense enough to prevent light from
spilling over into the adjacent lots.
40. Modification 13 -01 is granted or approved with the City, 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 Modification 13 -01.
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May 20, 2013
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