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PC - 2016-15 - Approving Design Review 16-06 To Convert and Upgrade a Former Taco Bell with Drive Through to a Starbucks PC RESOLUTION 16-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 16-06, TO CONVERT AND UPGRADE A FORMER TACO BELL WITH DRIVE-THROUGH TO A STARBUCKS WITH DRIVE-THROUGH. THE PROJECT SITE IS LOCATED AT 9403- 9415 VALLEY BOULEVARD (APNS: 8592-009-007 AND 8592-009-008), IN A C-3/D-0 (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE WHEREAS, on May 24, 2016, Starbucks Coffee Company submitted a Design Review application to convert a former taco bell with drive-through into a Starbucks with drive-through at 9403-9415 Valley Boulevard; WHEREAS, 9403-9415 Valley Boulevard is located in a C-31D-O (Medium Commercial with a 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 August 4, 2016, forty-seven (47) 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 16-06; WHEREAS, on August 15, 2016, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 16-06; 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 Design Review 16-06 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, 1 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 16-06, 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 includes interior remodel and upgrades, exterior renovations, new outdoor patio with seating, parking lot improvements, new landscaping, new trash enclosure, and replacement of signage throughout. The upgraded materials and modern design provides a significant improvement to the existing structure and 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 includes interior remodel and upgrades, exterior renovations, new outdoor patio with seating, parking lot improvements, new landscaping, new trash enclosure, and replacement of signage throughout. As such, the proposed project would not produce any foreseeable adverse impacts. Furthermore, the upgraded materials and modern design provides a significant improvement to the site and surrounding properties. In addition, the new black standing seam metal roof will serve as a parapet to screen mechanical equipment. Furthermore, the applicant is proposing to construct a new trash enclosure with self-closing, solid doors and a solid roof. In addition, conditions of approval have been added to protect noise, vibrations, and other factors which may have an adverse effect on the environment. 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 project site. The existing site and architecture of the building is outdated and deteriorated. The building design utilizes the same form and scale of the existing building with significant improvements to the materials, architectural details and craftsmanship. As such, 2 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 property is not part of the Civic Center plan, precise plan, or land reserved for public or educational use. The proposed project includes interior remodel and upgrades, exterior renovations, new outdoor patio with seating, parking lot improvements, new landscaping, new trash enclosure, and replacement of signage throughout. The proposed project 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 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 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 consists of improvements to the building, parking areas, signs, landscaping, luminaries, and other site features which will be a significant improvement to the site and surrounding properties and would produce a visually pleasing effect of the development from the view of public streets. Proper consideration has been given to both the functional aspects of the site development for this project. The City's Traffic Consultant has also reviewed the proposed layout and has determined that the proposed drive-through aisle improves the existing drive-through aisle. SECTION 3. The Planning Commission HEREBY APPROVES Design Review 16- 06 to convert and upgrade a former Taco Bell with drive-through into a Starbucks with drive-through, 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 3 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 August 15, 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 15th day of August, 2016. ••/.. Daniel opez, C sir 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 15th day of August, 2016, by the following vote: AYES: DANG, ENG, HERRERA, LOPEZ, and TANG NOES: NONE ABSTAIN: NONE ABSENT: NONE (.(M.11 A t. taA4L4 Michelle Ramirez, Secretary APPRO a AS TcyerM7 Grego�7' urphy, Plannir• Commission Attorney Burke,yliams & Sorensen, 4 ATTAC HMENT "A" DESIGN REVIEW 16-06 9403-9415 VALLEY BOULEVARD (APN: 8592-009-007 AND 8592-009-008) CONDITIONS OF APPROVAL AUGUST 15, 2016 Standard Conditions of Approvals 1. Design Review 16-06 ("Project") is approved to convert and upgrade a former Taco Bell with drive-through into a Starbucks with drive-through, located at 9403-9415 Valley Boulevard, in accordance with the draft plans marked Exhibit "B", dated August 1, 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 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 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. 5 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. 9. 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) 6 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. 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 to the satisfaction of the Planning Division. 19. The site shall be maintained in a graffiti-free state. Any graffiti shall be removed within twenty-four (24) hours. 20. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Project Specific Conditions of Approval 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. Prior to the Planning Division final approval, the applicant shall patch, re-slurry seal, and re-stripe the entire parking area. 23. Stone veneer (El Dorado, "Silverton Mountain Ledge Panels") shall be incorporated into the base of the new trash enclosure. 24. Any exterior lighting shall be fully shielded and directed downwards as to not project over the property lines of the subject site. 25. Planning Division approval of sign plans must be obtained prior to obtaining building permits and/or installation for any signs. Engineering Division Condition of Approval 26. A covenant and agreement may be required by the City Engineer to hold all parcels (APNS: 8592-009-007 and 8592-009-008) as one (1) parcel and shall be executed to the satisfaction of the Engineering Division. 7