PC - 2013-09 - Approving Modification 13-03 for the Installation of Tempered Glass Storefront System on the East and West Elevations of An Existing Commercial Building at 3733 Rosemead BoulevardPC RESOLUTION 13 -09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING MODIFICATION 13 -03, FOR THE INSTALLATION OF
TEMPERED GLASS STOREFRONT SYSTEMS ON THE EAST AND
WEST ELEVATIONS OF AN EXISTING COMMERICAL BUILDING
LOCATED AT 3733 ROSEMEAD BOULEVARD IN THE PO -D
(PROFESSIONAL OFFICE WITH A DESIGN OVERLAY) ZONE (APN:
5390 -014 -043).
WHEREAS, on July 8, 2013, Rosemead Professional Group, LLC submitted an
application to install tempered glass storefront systems on the east and west elevations
of an existing two -story building on the site located at 3733 Rosemead Boulevard; and
WHEREAS, 3733 Rosemead Boulevard is located in the PO -D (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
Commission to approve, conditionally approve, or disapprove design review
applications; and
WHEREAS, on July 25, 2013, fifty -nine (59) notices were sent to property
owners within a 300 -feet radius from the subject property, in addition to notices posted
in five (5) public locations and on -site, specifying the availability of the application, plus
the date, time, and location of the public hearing for Modification 13 -03, and on July 25,
2013, the notice was published in the Rosemead Reader; and
WHEREAS, on August 5, 2013, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to
Modification 13 -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
Modification 13 -03 is classified as a Class 1 Categorical Exemption pursuant to Section
15301 of the California Environmental Quality Act (CEQA) guidelines. Section 15301 of
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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 of 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 -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 applicant has provided an aesthetically complementary design for
the building, which will not negatively affect the existing office building and its
relationship to the surrounding properties. The plans illustrate that the project only
consists of installing tempered glass storefront systems on the east and west elevations
of an existing two -story building for weather protection.
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: This project 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 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 building 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 cause the nature of the local
environment to materially depreciate in appearance and value. The project only consists
of installing tempered glass storefront systems on the east and west elevations of an
existing two -story building for weather protection.
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
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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 project only consists of installing tempered
glass storefront systems on the east and west elevations of an existing two -story
building for weather protection.
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; and
FINDING: The proposed development meets all of the minimum code
requirements for the PO -D (Professional Office with a 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 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.
FINDING: The applicant is proposing to install tempered glass storefront systems
on the east and west elevations of the existing two -story building for weather protection.
The parking areas, signs, landscaping, luminaries, and other site features will not be
affected.
SECTION 3 . The Planning Commission HEREBY APPROVES Modification 13-
03 for the installation of tempered glass storefront systems on the east and west
elevations of an existing two -story building on the site located at 3733 Rosemead
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 5, 2013, by the following vote:
YES: DINH, ENG, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
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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 day of August, 2013.
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
August, 2013 by the following vote:
YES:
NO:
ABSENT:
ABSTAIN
APPROVED AS TO
DINH, ENG, HERRERA, LOPEZ, AND TANG
NONE
NONE
NONE G � /
C ilYl� �j-
Michelle Ramirez, Se tary
Gregor�lM. M4(900, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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EXHIBIT "B"
MODIFICATION 13 -03
3733 ROSEMEAD BOULEVARD
(APN: 5390 - 014 -043)
CONDITIONS OF APPROVAL
August 5, 2013
Original Conditions of Approval from Design Review 05- 124(MOD):
1. Design Review 05 -124 (Modification) is approved for the modification of an
existing commercial building to enclose the existing stairways, repaint the
exterior and renovate existing signage and landscaping, to be developed in
accordance with the plan marked Exhibit "B ", dated March 1, 2006, and
submitted colored elevations and color and material sample boards. Any
revisions to the approved plans must be resubmitted for review and approval by
the Planning Department.
2. Approval of Design Review 05 -124 (Modification) shall not take effect for any
purpose until the applicant has filed with the City of Rosemead an affidavit stating
that they are aware of and accept all of the conditions set forth in the letter of
approval and this list of conditions.
3. Design Review 05 -124 (Modification) is approved for a one (1) year period.
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 05 -124 (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. 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.
6. 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 Director of Planning prior to installation.
7. All requirements of the Building and Safety Department and Planning
Department shall be complied with prior to the final approval of the proposed
construction.
8. Prior to issuance of building permits, all school fees shall be paid. The applicant
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shall provide the City with written verification of compliance from the Unified
School District.
9. The hours of construction shall be limited from 7 a.m. to 8 p.m.
Monday - Saturday. No construction shall take place on Sundays or on any legal
holidays without prior approval by the City.
10. Planning staff shall have access to the subject property at any time during
construction to monitor progress.
11. The conditions listed on this Exhibit "A" shall be copied directly onto development
plans submitted to the Planning and Building Departments for review.
12. Occupancy will not be granted until all improvements required by this approval
have been completed, inspected, and approved by the appropriate
department(s).
13. Applicant shall obtain a public works permit for all work in or adjacent to the
public right -of -way.
14. All utilities (with the exception of the existing transmission lines) shall be placed
underground including facilities and wires for the supply and distribution of
electrical energy, telephone, cable television etc. The underground conversion of
these utilities shall consider all future connections to the satisfaction of the
Director of Planning.
15. All requirements of the Building and Safety Department and Planning
Department shall be complied with prior to the final approval of the proposed
construction.
16. All roof top appurtenances and equipment shall be screened from view. There
shall be no roof mounted equipment extending above the rooflines of the building
or visible from any exterior views to the street or parking lot areas.
17. 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.
18. 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.
19. 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
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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.
20. 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 stalls shall be double striped. Such striping shall be maintained in a
clear, visible, and orderly manner.
21. 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 Director of Planning shall
approve said screening prior to installation.
22. Any existing signage without permits shall be removed.
23. Signs shall comply with Chapter 17.32 of the Rosemead Municipal Code. A
uniform signage program shall be developed and submitted to the architectural
review committee for review and approval, or if deemed necessary, the Planning
Commission, at a later date. The total square area of such signs shall not
exceed one square foot of sign area for each two linear feet of building frontage.
24. Other than the tutoring center approved under Conditional Use Permit 96 -684, no
portion of the remainder building shall be converted to use other than
Professional Office.
25. Tile pavers to be used on walkway shall be a light gray color.
26. The applicant shall submit a detailed elevation of the proposed wrought iron
sliding gate for the review and approval of the planning department. The height
of the proposed gate shall not exceed four (4) feet.
27. Violations of the conditions of approval may result in citation and /or initiation of
revocation proceedings.
New Conditions of Approval for Modification 13 -03:
28. Modification 13 -03 is approved for the installation of tempered glass storefront
systems on the east and west elevations of an existing two -story building on the
site located at 3733 Rosemead Boulevard, in accordance with the plans marked
Exhibit "C ", dated July 8, 2013. Any revisions to the approved plans must be
resubmitted for the review and approval of the Planning Division.
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29. 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.
30. All conditions of approval in Exhibit "B" shall be copied directly onto any
development plans subsequently submitted to the Planning and Building
Divisions for review.
31. Approval of Modification 13 -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.
32. Modification 13 -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
Modification 13 -03 has been unused, abandoned, or discontinued for a period of
one (1) year it shall become null and void.
33. The Planning Commission hereby authorizes the Planning Division to make
and /or approve minor modifications to the project and to these conditions of
approval.
34. Modification 13 -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 Modification 13 -03.
35. 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.
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36. The onsite public hearing notice posting shall be removed by the end of the 10-
day appeal period of Modification 13 -03.
37. All masonry walls shall be maintained periodically and be consistent in color and
material.
38. The parking lot shall be restriped to City standards and to the satisfaction of the
Planning Division prior to final approval of the proposed construction.
39. The applicant shall provide a structural engineering report to verify that the
building's lateral support will not be reduced (Building Division Condition).
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