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PC - 2013-17 - Approving Modification 13-05 for Renovation of the Exterior Facade of The main Commercial Building Located at 3940 Rosemead BoulevardPC RESOLUTION 13 -17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 13 -05, FOR THE RENOVATION OF THE EXTERIOR FACADE OF THE MAIN COMMERICAL BUILDING LOCATED AT 3940 ROSEMEAD BOULEVARD IN THE CBD -D (CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY) ZONE (APN: 8594 - 008 -039). WHEREAS, on August 8, 2013, Jason Sun submitted an application to perform exterior renovations to the main office building on the site located at 3940 Rosemead Boulevard; and WHEREAS, 3940 Rosemead Boulevard is located in the CBD -D (Central Business District with a Design Overlay) zoning district; and WHEREAS, Section 17.72.020 & 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 October 10, 2013, forty -nine (49) 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 -05, and on October 10, 2013, the notice was published in the Rosemead Reader; and WHEREAS, on October 21, 2013, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 13 -05; 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 -05 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) 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 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 -05 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 performing exterior renovations to the main office building. The purpose of the proposed improvement is to modernize the front fagade. The remodeling proposal includes repainting the existing fagade and installing new materials, such as marble tile and stucco. 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, 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 performing exterior renovations to the main office building. The purpose of the proposed improvement is to modernize the front fagade. The remodeling proposal includes repainting the existing fagade and installing new materials, such as marble tile and stucco. 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 project only consists of performing exterior renovations to the main office building. 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 CBD -D (Central Business District 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 perform exterior renovations to the main office building. The parking areas, landscaping, luminaries, and other site features will remain. As a condition of approval, a separate sign plan shall be submitted to the City of Rosemead Planning Division for approval. The sign plan shall comply with Rosemead Municipal Code Section 17.104. SECTION 3 . The Planning Commission HEREBY APPROVES Modification 13- 05 for the renovation of the exterior fagade of the main commercial building on the site located at 3940 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 October 21, 2013, by the following vote: YES: DINH, ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSTAIN: NONE ABSENT: 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 21 day of October, 2013. Diana Herrera, 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 21 day of October, 2013 by the following vote: YES: NO: ABSTAIN ABSENT: DINH, ENG, HERRERA, LOPEZ, AND TANG NONE NONE NONE Michelle an*ez, Sec tary APPROVED AS TO Gregory b4upphy, Plannin ommission Attorney Burke, Williams & Sorense , LLP MODIFICATION 13 -05 3940 ROSEMEAD BOULEVARD (APN: 8594 - 008 -039) CONDITIONS OF APPROVAL October 21, 2013 Original Conditions of Approval from Design Review 00 -82 (with modifications): 1. Design Review 00 -82 is approved for site improvements to the subject site be developed in accordance with the plan marked Exhibit "B" 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 00 -82 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 accepts all of the conditions set forth in the letter of approval and this list of conditions. 3. Design Review 00 -82 is approved for a one -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 00 -82 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. All plans for tenant signage must be submitted for review and approval by the Planning Department. 6. 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. 7. Planning staff shall have access to the subject property at any time during construction to monitor progress. 8. The numbers of the address signs shall be at least 6" tall with a minimum character width of 3/4 ", 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 Community Development Director prior to installation. 9. All utilities 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. 10. All requirements of the Building and Safety Division and Planning Division shall be complied with prior to the final approval of the proposed construction. 11. The site shall be maintained in a clean, weed, 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. Any new litter and graffiti shall be removed within twenty -four (24) hours. 12. Signs shall comply with the appropriate section of the Rosemead Municipal Code (RMC). Signs shall not cover more than 25% of the building area or 15% of window area. All signs shall comply with the Rosemead Municipal Code regarding identification of the type business in English. (Modified by the Planning Commission on October 21, 2013). 13. Prior to occupancy, the applicant shall obtain an Occupancy Permit from the Building Division. Such permit is required for any new business that alters the interior of an existing building and /or is a change of use. 14. A permanent maintenance program of all landscaping shall be provided insuring regular irrigation, fertilization and weed abatement. 15. Prior to issuance of building permits, a landscaping plan shall be submitted to the Planning Division for review. It shall include an irrigation plan with automatic timers and moisture sensors. Fifteen (15) percent of the landscape area shall be planted with 24 inch box trees. 16. Automated irrigation shall be installed, and approved by the Planning Division. 17. That the applicant shall make repair and repaint to the existing canopy for covered parking. 18. That the existing composition shingle roof cover above the fagade addition be covered with a metal seam roof material of either copper or compatible color. 19. Violation of the conditions of approval may result in citation and /or initiation of revocation proceedings. 20. Trash enclosure gate shall be replaced with a commercial grade, metal, self - closing gate. Said gate shall be painted to match stucco color. 21. Parking lot shall be slurry- sealed and re- striped to city standards. 22. That there shall be no outside storage of any materials and no outside work on Expo - related decorations. 23. On- premise signs shall identify the type of business (e.g. "restaurant', "market') in the English language. Sign plans must be submitted to the Planning Division for review and approval. New Conditions of Approval for Modification 13 -05: 24. Modification 13 -05 is approved for the renovation of the exterior fagade of the main commercial building on the site located at 3940 Rosemead Boulevard, in accordance with the plans marked Exhibit "C ", dated September 26, 2013. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 25. 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. 26. 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. 27. Approval of Modification 13 -05 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. 28. Modification 13 -05 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 -05 has been unused, abandoned, or discontinued for a period of one (1) year it shall become null and void. 29. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications to the project and to these conditions of approval. 30. Modification 13 -05 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 -05. 31. 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. 32. 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. 33. 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 legal holidays without prior approval by the City. 34. The onsite public hearing notice posting shall be removed by the end of the 10- day appeal period of Modification 13 -05. 35. The parking lot shall be patched, re- slurry- sealed, and re- striped to City standards and to the satisfaction of the Planning Division prior to final approval of the proposed construction. 36. The landscaping on the property shall be improved to the satisfaction of the Planning Division staff. 37. Stack parking shall be prohibited and vehicles shall be parked within the appropriate parking stalls. 38. The trash enclosure, carport, and building in the northwest corner of the lot shall match the main office building in colors and materials.