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PC - 2013-06 - Approving Modification 13-01 to Modify Condition of Approval Number 37 to Permit 10,000 Square Feet at 8526 Valley BoulevardPC 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 continued the duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 13 -01; and WHEREAS, on June 3, 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 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. 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 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. 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 June 3, 2013, by the following vote: YES: ENG, HERRERA, AND HUNTER NO: NONE ABSTAIN: NONE ABSENT: RUIZ 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 3` day of June, 2013. L�a — 1-1 Joan Hunter, Vice -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 3` day of June, 2013, by the following vote: YES: ENG, HERRERA, AND HUNTER NO: NONE ABSTAIN: NONE ABSENT: RUIZ Michelle Ramirez, &etary AS TO Gregoryrphy,Plannin / n Attorney Burke, ams & Sorens LLP EXHIBIT "B" MODIFICATION 13 -01 ORIGINALLY DESIGN REVIEW 03 -104 (MODIFICATION) 8526 VALLEY BOULEVARD (APNs: 5371 - 011 -015, 016, & 017) CONDITIONS OF APPROVAL JUNE 3, 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 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 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. 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. Restaurant uses shall open to the outside of the site or towards the McDonald's pad and not toward the housing adjacent to the west of the site. In addition, no less than seventy (70) percent of the restaurant use allowed by this condition shall be located in Building A. (MODIFIED BY THE PLANNING COMMISSION ON JUNE 3, 2013) 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 3' -0" split face block wall if the shrubbery is not dense enough to prevent light from spilling over into the adjacent lots. If required to provide additional screening and the owners of the adjacent lots are willing to provide access, therefore, additional shrubbery shall be provided to the satisfaction of Planning Division staff. (MODIFIED BY THE PLANNING COMMISSION ON JUNE 3, 2013) 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.