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PC - 2016-12 - Approving Design Review 16-05, Permitting the Improvement of the Exterior Facade of an Exisiting Commercial Building at 4108 Rosemead BoulvardPC RESOLUTION 16 -12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 16 -05, PERMITTING THE IMPROVEMENT OF THE EXTERIOR FACADE OF AN EXISTING COMMERCIAL BUILDING, LOCATED AT 4108 ROSEMEAD BOULEVARD (APN: 5391- 015 -051 AND 5391 - 015 -003), IN THE CBD /D- O (CENTRAL BUSINESS DISTRICT WITH DESIGN OVERLAY) ZONE WHEREAS, on May 12, 2016, Todd Van submitted a Design Review application to improve the fagade of an existing commercial building at 4108 Rosemead Boulevard; WHEREAS, 4108 Rosemead Boulevard is located in the CBD /D -O (Central Business District 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 July 7, 2016, forty (40) 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 16 -05; WHEREAS, on July 18, 2016, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 16 -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 Design Review 16 -05 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 16 -05, 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 fagade of an existing commercial building, and would not modify the use and site configuration. The proposed exterior fagade 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 fagade of an existing commercial building, and would not modify the 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 fagade design of the existing building would complement the existing commercial site developments within the vicinity of the project 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 fagade of an existing commercial building, and would not modify the use and site configuration. The proposed exterior fagade design of the existing building would complement the existing commercial site developments within the vicinity of the project site. As such, the proposed project would be in harmony with the developments within the vicinity of the project 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 fagade of an existing commercial building, and would not modify the use and site configuration. The proposed exterior fagade design of the existing building would complement the existing commercial site developments within the vicinity of the project 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 fagade of an existing commercial building, and would not modify the 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 fagade 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 16- 05 for the improvement of the exterior fagade of an existing commercial building at 4108 Rosemead Boulevard, 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 July 18, 2016, by the following vote: AYES: DANG, ENG, HERRERA, LOPEZ, AND TANG NOES: 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 18th day of July, 2016. 10 G,/ ' Dani6eLp dz, 42hair 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 18th day of July, 2016, by the following vote: AYES: DANG, ENG, HERRERA, LOPEZ, AND TANG NOES: NONE ABSTAIN: NONE ABSENT: NONE (Ab e� d - "- — Michelle Ramirez S cretary AS TO Grery rvey Planning �mmission Attorney Burke, Wii s &Sorensen, LLP ATTACHMENT "A" DESIGN REVIEW 16 -05 4108 ROSEMEAD BOULEVARD (APN: 5391 - 015 -051 AND 5391 - 015 -003) CONDITIONS OF APPROVAL JULY 18, 2016 Standard Conditions of Approvals Design Review 16 -05 ( "Project') is approved for exterior fagade improvements to an existing commercial building, located at 4108 Rosemead Boulevard, in accordance with the plans marked Exhibit "B ", dated June 30, 2016. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. The following conditions must be complied to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 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 Project shall not take effect for any purpose until the applicant(s) have filed with the City of Rosemead ( "City ") 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 Project. 6. Project is approved for a period of one (1) year. The applicant(s) shall commence the approved 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 Project 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. Project 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 Project. The applicant(s) 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(s) 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 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 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. The applicant shall abide by the noise control sections of the Rosemead Municipal Code. 14. The Building Division, Planning Division, and Engineering Division shall have access to the project site at any time during construction to monitor progress. 15. 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. 16. All ground level mechanical /utility equipment (including meters, back flow prevention devices, fire valves, A/C 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. 17. 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. 18. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. 19. Subject to Building Division regulations, if required, a grading and /or drainage plan shall be prepared, submitted to, and approved by the Building Official, and such grading and /or drainage shall take place in accordance with such approved plan. The project site shall be graded to drain to the street, but in no case shall such drainage be allowed to sheet flow across public sidewalk. Project Specific Conditions of Approval 20. All property that is vacant, under construction, or being demolished shall be totally enclosed around the perimeter by a fence that is a minimum of six (6) feet in height as measured from adjacent property, subject to the approval of the Community Development Director or other designated officials. The following requirements shall be satisfied: a. The required fence shall be adequately constructed from chain -link, lumber, masonry or other approved materials. The fence shall be entirely self - supporting and shall not encroach or utilize structures or fencing on any adjacent property without prior written approval of the adjacent property owner. b. The fence shall be installed prior to the initiation of any construction or demolition and shall be continuously maintained in good condition. c. Signs stating 'PRIVATE PROPERTY, NO TRESPASSING" shall be posted on the fence. 21. All walls and /or fences shall match or complement the commercial building in color, material, and design; and shall be consistent in appearance. 22. Any exterior lighting shall be fully shielded and directed downwards as to not project over the property lines of the subject site. 23. Prior to any approvals for two (2) or more tenants /businesses to occupy the commercial building, a master sign program shall be submitted to the Planning Division for review and, if satisfactory, approval. 24. Planning Division approval of sign plans must be obtained prior to obtaining building permits and /or installation for any signs. 25. The site shall be maintained in a graffiti -free state. Any graffiti shall be removed within twenty -four (24) hours. 26. The site shall be maintained in a clean, weed and litter free state. 27. 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. 28. 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. Engineering Division Condition of Approval 29. A covenant and agreement to hold the two (2) following parcels as one (1) parcel shall be executed to the satisfaction of the Engineering Division: Parcel 1 — APN: 5391 - 015 -051; and Parcel 2 — APN: 5391 - 015 -003.