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PC - 2013-19 - Approving Design Review 13-04, For the Renovation of the Exterior Facade of teh Commercial Building Located at 8235 Garvey AvenuePC RESOLUTION 13 -19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 13 -04, FOR THE RENOVATION OF THE EXTERIOR FACADE OF THE COMMERICAL BUILDING LOCATED AT 8235 GARVEY AVENUE IN THE C -3D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN: 5288 -009- 065). WHEREAS, on August 28, 2013, Redstone Grocers, Inc. submitted an application to renovate the exterior fagade of the commercial building on the site located at 8235 Garvey Avenue; and WHEREAS, 8235 Garvey Avenue is located in the C -31D (Medium Commercial 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 November 21, 2013, forty -one (41) 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 Design Review 13 -04, and on November 21, 2013, the notice was published in the Rosemead Reader; and WHEREAS, on December 2, 2013, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 13 -02; 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 -04 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 Design Review 13 -04 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 commercial 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 building fagade. The remodeling proposal includes repainting the existing fagade and installing new materials, such as cornice, stone veneer 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 building fagade. The remodeling proposal includes repainting the existing fagade and installing new materials, such as cornice, stone veneer 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 commercial 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 C -31D (Medium Commercial 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 commercial building. In addition, the applicant is proposing to improve the landscaping adjacent to the subject site, as well as re- patch, re -slurry seal, and re -stripe the parking lot area. SECTION 3 . The Planning Commission HEREBY APPROVES Design Review 13 -04 for the renovation of the exterior fagade of the commercial building on the site located at 8235 Garvey Avenue, 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 December 2, 2013, by the following vote: YES: DINH, ENG, HERRERA, LOPEZ, AND TANG 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 2 nd day of Dec tuber, 2013. Dia a 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 2 nd day of December, 2013 by the following vote: YES: DINH, ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSENT: NONE ABSTAIN: NONE U^' Michelle Ramirez, Sec ary APPROVED AS TO FORM: Gregory, . Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP DESIGN REVIEW 13 -04 8235 GARVEY AVENUE (APN: •5288- 009 -065) CONDITIONS OF APPROVAL December 2, 2013 1. Design Review 13 -04 is approved for the renovation of the exterior fagade of the commercial building, in accordance with the plans marked Exhibit "C, dated November 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 -04 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 -04. 4. Design Review 13 -04 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 -04 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 -04 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. Chahged =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 Design Review 13 -04. 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. 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. All exterior lighting shall be fully shielded and directed downwards as to not project over property lines. 18. All open areas not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 19. The applicant shall submit final sign plans to the Planning Division prior to the issuance of a building permit based on the requirements set forth in the Rosemead Place Shopping; Center Master Sign Program and the Rosemead Municipal Code. 20. Window signs shall not cover more than 15% of window and glass door areas. All banners and temporary signs shall be permitted by the Rosemead Planning Division prior to installation. 21. The parking lot area adjacent to the commercial building shall be paved and re- painted prior to the Planning Division's final inspection. Such striping shall be maintained in a clear, visible, and orderly manner. 22. All landscaping on the subject property shall be rehabilitated to the satisfaction of the Planning Division prior to the Planning Division's final inspection. All landscaping shall be maintained at all times. 23. The trash enclosure must have a solid roof top. The trash enclosure shall have opaque steel self - closing and self - latching doors. The opaque doors shall be closed and all trash contpirier& 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. 24. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. 25. All supermarket shopping carts shall be identified with the business name. Electronic shopping cart wheel locks shall be installed on all shopping carts that are utilized on the site to contain all carts within the perimeter property lines of the commercial development (Added by the Planning Commission on December 2, 2013).