PC - 2013-03 - Approving Design Review 13-01 for the Voluntary Seismic Upgrade Which Includes the Installation of New HVAC Wondow Units on All Elevations of the BuildingPC RESOLUTION 13 -03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING DESIGN REVIEW 13 -01, FOR THE VOLUNTARY
SEISMIC UPGRADE, WHICH INCLUDES THE INSTALLATION OF NEW
HVAC WINDOW UNITS ON ALL ELEVATIONS OF THE BUILDING.
THE SUBJECT SITE IS LOCATED AT 3907 ROSEMEAD BOULEVARD
IN THE P -OD (PROFESSIONAL OFFICE WITH A DESIGN OVERLAY)
ZONE (APN: 5390 - 012 -900).
WHEREAS, on February 26, 2013, the Rosemead School District submitted a
Design Review application for the voluntary seismic upgrade, which includes the
installation of new HVAC window units on all elevations of the building. The subject site
is located at 3907 Rosemead Boulevard; and
WHEREAS, 3907 Rosemead Boulevard is located in the P -OD (Professional
Office 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
Commjssion to approve, conditionally approve, or deny design review applications; and
WHEREAS, on March 7, 2013, forty -five (45) 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 13 -01, and on
March 7, 2013, the notice was published in the Rosemead Reader; and
WHEREAS, on March 18, 2013, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Design
Review 13 -01; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1 . The Planning Commission HEREBY DETERMINES that Design
Review 13 -01 is classified as a Class 1 Categorical Exemption pursuant to Section
15301 of the California Environmental Quality Act guidelines. Section 15301 of the
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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 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: The plans illustrate that the project only consists of voluntary seismic
upgrades, which include the installation of exterior HVAC window units. To install the
HVAC units, the applicant is proposing to remove all existing exterior plaster on the
building. Once all HVAC units are installed, they will add shear panels and re- plaster the
building with the same color and material.
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: The voluntary seismic upgrades 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. Once the HVAC window units are
installed, shear panels will be added and the building will be re- plastered with the same
color and material.
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.
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FINDING: The property is not part of the Civic Center Plan, precise plan, or land
reserved for public or educational use. The property is not part of the Civic Center Plan,
precise plan, or land reserved for public or educational use. The only consists of
voluntary seismic upgrades, which include the installation of exterior HVAC window
units. To install the HVAC units, the applicant is proposing to remove all existing
exterior plaster on the building. Once all HVAC units are installed, they will add shear
panels and re- plaster the building with the same color and material.
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 P -OD (Professional Office 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 applicant is proposing voluntary seismic upgrades, which
include the installation of exterior HVAC window units. To install the HVAC units, the
applicant is proposing to remove all existing exterior plaster on the building. Once all
HVAC Units are installed, they will add shear panels and re- plaster the building with the
same color and material. In addition to the seismic upgrades, the applicant is proposing
to install new fencing along the east property line and part of the south property line.
The parking lot area will also be pressure washed, patched, re- sealed, and re- striped.
Therefore, the site plan and design of the buildings, parking areas, signs, landscaping,
luminaries. and other site features will not be affected.
SECTION 3 . The Planning Commission HEREBY APPROVES Design Review
13 -01 for the voluntary seismic upgrade, which includes the installation of new HVAC
window units on all elevations of the building, located at 3907 Rosemead Boulevard.
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 March 18, 2013, by the following vote:
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YES: ENG, HERRERA, HUNTER, AND RUIZ
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 18 day of March, 2013.
icto 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 18 day of
March, 2013 by the following vote:
YES:
NO:
ABSENT:
ABSTAIN
ENG, HERRERA, HUNTER, AND RUIZ
NONE
NONE
NONE
Michelle Ramirez, Se6etary
let »:ZNV 491
TO
Grecfekfi Planning o��n Attorney
Burke, Williams & Sorensen, LLP
EXHIBIT "B"
DESIGN REVIEW 13 -01
3907 ROSEMEAD BOULEVARD
(APN: 5390 -012 -900)
CONDITIONS OF APPROVAL
March 18. 2013
1. Design Review 13 -01 is approved for the voluntary seismic upgrade, which
includes the installation of new HVAC window units on all elevations of the
building, in accordance with the plans marked Exhibit "C ", dated February 26,
2013. Any revisions to the approved plans must be resubmitted for the review
and approval of the Planning Division.
2. Approval of Design Review 13 -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.
3. The onsite public hearing notice posting shall be removed by the end of the 10-
day appeal period of Design Review 13 -01.
4. Design Review 13 -01 is approved for a period of one (1) year. The applicant
shall commence the proposed project or request an extension within 30- calendar
days prior to expiration. The one (1) year initial approval period shall be effective
from the Planning Commission approval date. For the purpose of this petition,
project commencement shall be defined as beginning the permitting process with
the Planning and Building Divisions, so long as the project is not abandoned. If
the Design Review 13 -01 has been unused, abandoned or discontinued for a
period of one (1) year it shall become null and void.
5. The Planning Commission hereby authorizes the Planning Division to make
and /or approve minor modifications to the project and to these conditions of
approval.
6. Design Review 13 -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
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any permit granted or approved under the Rosemead Municipal Code for any
violations of the conditions imposed on Design Review 13 -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
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.
8. 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.
9. The conditions listed on this exhibit shall be copied directly onto any
development plans subsequently submitted to the Planning and Building
Divisions for review.
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.
11. 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.
12. The hours of construction shall be limited from 7:00 a.m. to 8:00 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. 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.
17. 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.
18. At least two percent (2 %) 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.
19. All open areas not covered by concrete, asphalt, or structures shall be
landscaped and maintained on a regular basis.
20. Violations of the conditions of approval may result in citation and /or initiation of
revocation proceedings.
21. All fencing on the site shall be brought into compliance with the Rosemead
Municipal Code's requirements for fencing (Added by the Planning
Commission on March 18, 2013).
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