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PC - 2016-01 - Approving Design Review 15-13, Permitting the Remodeling of the Exterior Facade PC RESOLUTION 16-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 15-13, PERMITTING THE REMODELING OF THE EXTERIOR FACADE OF AN EXISTING COMMERCIAL BUILDING. THE SUBJECT PROPERTY IS LOCATED AT 8225 GARVEY AVENUE (APN: 5288-009-052), IN THE C-31D-O (MEDIUM COMMERCIAL WITH DESIGN OVERLAY) ZONE WHEREAS, on November 25, 2015, CVS Pharmacy submitted a Design Review application to request to improve the façade of an existing commercial building at 8225 Garvey Avenue; WHEREAS, 8225 Garvey Avenue is located in the C-31D-O (Medium Commercial with Design Overlay) zoning district; WHEREAS, Section 17.28.020(C) of the Rosemead Municipal Code provides the criteria for a Design Review; WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.28.020(C) of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or deny Design Review applications; WHEREAS, on January 21, 2016, forty-two (42) notices were sent to property owners within a 300-foot radius from the subject property, the notice was published in the Rosemead Reader, and notices were posted in six (6) public locations and on site, specifying the availability of the application, and the date, time, and location of the public hearing for Design Review 15-13; WHEREAS, on February 1, 2016, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 15-13; 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 15-13 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of the California Environmental Quality Act guidelines. Section 15301 of the California Environmental Quality Act guidelines exempts projects consisting 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 15-13, in accordance with Section 17.28.020(C) 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 proposed project solely consists of remodeling the exterior façade of an existing commercial building, and would not modify the existing use and site configuration. The proposed exterior façade design would be complementary to the existing developments in the vicinity. B. The plan for the proposed structure 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 proposed project solely consists of remodeling the exterior façade of an existing commercial building, and would not modify the existing use and site configuration. As such, the proposed project would not produce any foreseeable adverse impacts. All construction work would be required to comply with the timeframe and decibel levels indicated in the City of Rosemead Noise Ordinance. 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 exterior facade design of the existing building would complement the existing commercial site developments within the vicinity of the subject site. The proposed project utilizes colors and materials that would not be at variance with the appearance of existing neighboring buildings. As such, approval of the proposed project would not cause the nature of the local environment to materially depreciate in appearance and value. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially 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 proposed project solely consists of remodeling the exterior facade of an existing commercial building, and would not modify the existing use and site configuration. The proposed exterior façade design of the existing building would complement the existing commercial site developments within the vicinity of the subject site. As such, the proposed project would be in harmony with the developments within the vicinity of the subject site. 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 project solely consists of remodeling the exterior facade of an existing commercial building, and would not modify the existing use and site configuration. The proposed exterior façade design of the existing building would complement the existing commercial site developments within the vicinity of the subject site. As such, the proposed project would be in conformity with the standards of the Zoning Code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved. 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 proposed project solely consists of remodeling the exterior facade of an existing commercial building, and would not modify the existing use and site configuration. The site plan and design of the parking areas, signs, landscaping, luminaries, and other site features would not be affected by the proposed project. The proposed design of the exterior façade of the existing building would produce a visually pleasing effect of the development from the view of public streets. SECTION 3. The Planning Commission HEREBY APPROVES Design Review 15-13 for the remodeling of the exterior façade of an existing commercial building at 8225 Garvey Avenue, and subject to the conditions listed in Attachment "A" 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 Rosemead Municipal Code, Section 17.160.040 —Appeals of Decisions. SECTION 5. This resolution is the result of an action taken by the Planning Commission on February 1, 2016, by the following vote: AYES: DANG, ENG, HERRERA, LOPEZ, AND TANG NOES: 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 1s' day of February, 2016. g Lain MI John .ng, hair 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 1s' day of February, 2016, by the following vote: AYES: DANG, ENG, HERRERA, LOPEZ, AND TANG NOES: NONE ABSENT: NONE ABSTAIN: NONE ry� I , � p �v LI L1M fu-u Ra. iis( Michelle Ramirez, S ary APPROV, . AS TO FF• 7 Gregory i1rhy, Plannin. C. scion Attorney Burke, Williams & Sorensen, LLP ATTACHMENT "A" DESIGN REVIEW 15-13 8225 GARVEY AVENUE (APN: 5288-009-052) CONDITIONS OF APPROVAL February 1, 2016 1. Design Review 15-13 is approved for the remodeling of the exterior façade of an exsiting commercial building at 8225 Garvey Avenue, in accordance with the plans marked Exhibit "B", dated January 19, 2016. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 2. 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. 3. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions. 4. Approval of Design Review 15-13 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. 5. The on-site public hearing notice posting shall be removed by the end of the 10- day appeal period of Design Review 15-13. 6. Design Review 15-13 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 Design Review 15-13 has been unused, abandoned, or discontinued for a period of one (1) year, it shall become null and void. 7. The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications to the project and to these conditions of approval. 8. Design Review 15-13 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 Design Review 15-13. 9. 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. 10. The applicant shall comply with all Federal, State, and local laws relative to the approved project, 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 numbers of the address signs shall be at least six (6) inches tall with a minimum character width of 3/4 inch, 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, or his/her designee, prior to installation. 13. The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within twenty-four (24) hours. 14. The site shall be maintained in a clean, weed and litter free state. 15. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or on any federal holiday, without prior approval by the City. 16. The Building Division, Planning Division, and Engineering Division shall have access to the subject property at any time during construction to monitor progress. 17. All requirements of the Building and Safety Division, Planning Division, and Engineering Division shall be complied with prior to the final approval of the proposed construction. 18. All new roof-top appurtenances and equipment shall be adequately screened from view to the satisfaction of the Planning Division. Such equipment shall not exceed the height of the parapet wall. There shall be no mechanical equipment located on the sides of the building. 19. All ground level mechanical/utility equipment (including meters, back flow prevention devices, fire valves, NC condensers, furnaces, 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. Planning Division approval of the screening type and location must be obtained prior to installation of any screening. 20. All exterior lighting shall be fully shielded and directed downwards as to not project over the property lines of the subject site. 21. Planning Division approval of sign plans must be obtained prior to obtaining building permits and/or installation for any signs. 22. The parking area(s), including the parking spaces and maneuvering lanes, shall be paved with asphaltic, concrete surfacing, or other acceptable material in accordance with specifications approved by the City Engineer. Such parking area(s) shall be maintained free from conspicuous cracks or holes. All parking striping shall be maintained in a clear, visible, and orderly manner to the satisfaction of the Planning Division. 23. The property shall be graded to drain to the street, but in no case shall such drainage be allowed to sheet flow across public sidewalk. A grading and/or drainage plan shall be prepared, submitted to, and approved by the Building Official, and such grading and drainage shall take place in accordance with such approved plan. 24. The applicant shall submit a final landscape and irrigation plan to the Planning Division prior to the issuance of building permits. The landscape and irrigation plan shall comply with the City's Water Efficient Landscape Ordinance and with the Guidelines for Implementation of the Water Efficient Landscape Ordinance and include a sprinkler system with automatic timers and moisture sensors. The landscape plan shall include a wide variety of colorful and drought tolerant trees, shrubs, flowers, and ground covers. All landscaping and irrigation shall be installed and completed prior to final Planning Division approval. 25. All open areas not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis to the satisfaction of the Planning Division. 26. The trash enclosure shall comply with the standards set forth in the Rosemead Municipal Code. 27. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings.