Loading...
PC - 2014-02 - Approving Modification 13-06, to Modify Design Review 03-112 to Permit 20,000 Square Feet of Restaurant and Fast Food Uses and 10,000 Square Feet of Retail Use Within the Commercial Shopping Center Located at 8505 ValleyPC RESOLUTION 14 -02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 13 -06, TO MODIFY DESIGN REVIEW 03- 112 (MODIFICATION). TO PERMIT 20,000 SQUARE FEET OF RESTAURANT AND FAST FOOD USES AND 10,000 SQUARE FEET OF RETAIL USE WITHIN THE COMMERCIAL SHOPPING CENTER LOCATED AT 8508 -8522 VALLEY BOULEVARD (APNS: 5371 - 010 -803. AND 805). WHEREAS, on October 15, 2013, Gerard Ngo, filed a Modification application to modify Design Review 03 -112 (Modification) to permit 20,000 square feet of restaurant and fast food uses and 10,000 square feet of retail use within the commercial shopping center, located at 8508 -8522 Valley Boulevard; and WHEREAS, 8508 -8522 Valley Boulevard is located in the C -3D (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 January 9, 2014, ninety -three (93) notices were sent to property owners within a 300 -foot 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 -06; and WHEREAS, on January 21, 2014, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 13 -06; 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 -06 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines. Section 15309 of the California Environmental Quality Act 1 (CEQA) guidelines exempts projects that consist of inspections to check for the performance of an operation, or for quality, health or safety of a project. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 13 -06 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. The shopping center was constructed in 2009 and will remain in conformity with the standards of the Rosemead Municipal Code, with the modification to incorporate an additional 5,000 square feet of restaurant use. 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 shopping center was constructed in 2009 and will remain in conformity with the timeframe and decibel levels indicated in the City's Noise Ordinance. The construction of the shopping center was completed in 2009. 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 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 cause the nature of the local environment to materially depreciate in appearance and value. The project only relates to the use of the buildings. The applicant is only requesting to incorporate an additional 5,000 square feet within the existing shopping center. 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 relates to the use of the buildings. 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: The proposed development meets all of the minimum code requirements for the C -3D (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 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 project only relates to the use of the buildings. The site plan and design of the buildings, parking areas, signs, landscaping, luminaries, and other site features will remain as the shopping was constructed in 2009. SECTION 3 . The Planning Commission HEREBY APPROVES Modification 13- 06, to permit 20,000 square feet of restaurant and fast food uses and 10,000 square feet of retail and office uses within the commercial shopping center, 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 January 21, 2014, by the following vote: YES: DINH, HERRERA, LOPEZ, AND TANG NO: NONE ABSTAIN: NONE ABSENT: ENG 3 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 21S day of January, 2014. 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 21S day of January, 2014 by the following vote: YES: DINH, HERRERA, LOPEZ, AND TANG NO: NONE ABSTAIN: NONE ABSENT: ENG (ffijtLDj �,A," .4A Michelle Ramirez, Secr tary APPROVED AS TO FORM: — A� W'C"' — Grego y, Planning ion Attorney Burke is s & Sorensen, LLP EXHIBIT "B" MODIFICATION 13 -06 ORIGINALLY DESIGN REVIEW 03 -112 (MODIFICATION) 8508 -8522 VALLEY BOULEVARD (APNs: 5371 - 010 -803 and 805) CONDITIONS OF APPROVAL January 21, 2014 1. Modification 13 -06 is approved for the construction of a shopping center totaling 30,000 square feet, and consisting of 20,000 square feet of restaurant and fast food uses and 10,000 square feet of retail use to be developed in accordance with the plans marked Exhibit "C ", dated July 28, 2008, contingent upon County of Los Angeles Fire Department's approval, which approval is required to be proven via a written document presented to the Planning Division prior to any exercise of the Modification. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. The conditions listed on this exhibit, shall be copied directly onto any development plans subsequently submitted to the Planning and Building divisions for review. 3. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications. 4. Modification 13 -06 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 -06. 5. 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. 5 6. Approval of Modification 13 -06 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. 7. Modification 13 -06 is approved for a one (1) year period from the date of adoption of Planning Commission Resolution 14 -02. The applicant shall obtain County of Los Angeles Fire Department approval of its revised operations and shall initiate the proposed use or request an extension from the Planning Commission 30 days prior to expiration. Otherwise Modification 13 -06 shall become null and void. 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 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. 10. 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. 11. 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 Planning Division, prior to installation. 12. All requirements of the Building and Safety Division and the Planning Division shall be complied with prior to the final approval of the proposed construction. 13. Prior to issuance of building permits, all school fees shall be paid. The applicant shall provide the City with written verification of compliance from the School District. 14. The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday to Saturday. No construction shall take place on Sundays or on any legal holidays without prior approval by the City. 15. Planning and Building and Safety Division staff shall have access to the subject property at any time during construction to monitor progress. 16. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). n 17. Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 18. 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 City. 19. 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. 20. 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. 21. 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. 22. The parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Division. In accordance with the Rosemead Municipal Code, all designated parking stalls shall be double striped. Such striping shall be maintained in a clear, visible, and orderly manner. 23. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Division. Such equipment shall not exceed the height of the parapet wall. 24. 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. 25. Signs shall comply with the shopping center's uniform sign program and the Rosemead Municipal Code. All signs shall be submitted to the Planning Division for review and approval. rl 26. Adequate lighting shall be provided in the vehicle parking area at all times. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. 27. Windows shall be treated with anti - etching film to provide protection from property damage. 28. All attached trash enclosures on -site shall be fully enclosed, the walls shall have a smooth stucco finish, and the color shall be comparable to that of the main structure. All trash enclosures shall also have opaque steel self - closing and self - latching doors. All trash enclosures shall be locked at close of business daily. 29. If at any future time a reciprocal access agreement for vehicles or pedestrians is pursued with the adjacent Empire Shopping Center, a parking analysis shall be conducted. Any future connection shall be constructed without the loss of any on -site parking spaces. 30. Forty (40) feet of red curb shall be painted west of the project driveway and twenty (20) feet of red curb shall be painted east of the project driveway. 31. A Southern California Edison representative must approve all subsequent Business License applications, prior to submittal to the City. 32. The applicant shall work with the City's trash service provider to ensure that the existing trash facilities within the development will accommodate twenty thousand (20,000) square feet of restaurant and fast food uses and ten thousand (10,000) square feet of retail use. If not, the applicant shall be required to provide improvements to the trash facilities as recommended by the City's trash service provider. 33. The hours for delivery shall be limited from 7 a.m. to 8 p.m. Monday to Saturday. No delivery shall take place on Sundays or on any legal holidays without prior approval by the City. 34. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. l