PC - 2017-09 - Approving Modification 17-03, a modification of Design Review 03-109, to split an existing L-shaped building at the northwest corner of the Rosemead Place Shopping Center PC RESOLUTION 17-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MODIFICATION 17-03, A MODIFICATION OF DESIGN
REVIEW 03-109, TO SPLIT AN EXISTING L-SHAPED BUILDING (PAD
"A") AT THE NORTHWEST CORNER OF THE ROSEMEAD PLACE
SHOPPING CENTER INTO TWO BUILDINGS TO CREATE A NEW
CORNER FACADE, THREE NEW TENANT SPACES, AN OUTDOOR
SEATING AREA, NEW LANDSCAPE AND HARDSCAPE, AND NEW
PEDESTRIAN PATHWAYS. THE SUBJECT SITE IS LOCATED AT 3620-
3684 ROSEMEAD BOULEVARD, IN A MEDIUM COMMERCIAL WITH A
DESIGN OVERLAY (C-31D-O) ZONE.
WHEREAS, on March 13, 2017, Rosemead Place, LLC submitted a Modification
application requesting to modify Design Review 03-109 to split an existing L-shaped
building (Pad "A") at the northwest corner of the Rosemead Place Shopping Center into
two buildings to create a new corner facade, three new tenant spaces, an outdoor seating
area, new landscape and hardscape, and new pedestrian pathways at 3620-3684
Rosemead Boulevard;
WHEREAS, 3620-3684 Rosemead Boulevard is located in a Medium Commercial
with a Design Overlay (C-3/D-O) zone;
WHEREAS, Sections 17.120.110 and 17.28.020(C) of the Rosemead Municipal
Code provide the criterias for authorizing changes to an approved project and Design
Review;
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.120.110 of the Rosemead Municipal Code authorize the Planning Commission
to approve changes to development or new use authorized through a permit granted in
compliance with the zoning code;
WHEREAS, on May 25, 2017, eighty-two (82) 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 Modification 17-03;
WHEREAS, on June 5, 2017, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Modification 17-
03; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
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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
17-03 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301.
Section 15301 of the California Environmental Quality Act (CEQA) 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. Accordingly, Modification 17-03 is
classified as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA
guidelines.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Modification 17-03, in accordance with Section
17.120.110 and 17.28.020(A)(1) of the Rosemead Municipal Code as follows:
A. Per Rosemead Municipal Code, Section 17.120.110(C), a proposed change
that does not comply with the criteria identified in subsection B of [Section 17.120.110],
or any other provision of the Zoning Code, may only be approved by the original review
authority for the project through a modification permit application filed and processed in
compliance with [Chapter 17.120].
FINDING: The applicant is proposing to split the existing Pad "A" building at the
northwest corner of the Rosemead Place Shopping Center into two buildings to create a
new corner facade, three new tenant spaces, an outdoor seating area, new landscape
and hardscape, and new pedestrian pathways. The project will include the demolition of
2,139 square feet of existing building area and the addition of 543 square feet to the Pad
"A" - West building, which results in a reduction of 1,596 square feet of building space
from Pad "A". Through this application, the applicant is also proposing to improve
pedestrian circulation within the shopping center. In addition, to create visual interest at
the street level, the applicant is willingly reducing the square footage of Pad "A", which
will promote pedestrian and retail friendly activity.
The project is an upgrade to the existing northwest corner of the lot. Applicable
conditions of approval from Design Review 03-109 will still apply, and new conditions of
approval are recommended . Staff has verified that the proposed modification would be
in compliance with the applicable development standards of the Rosemead Zoning Code.
SECTION 3. The Planning Commission HEREBY APPROVES Modification 17-03
for a modification of Design Review 03-109 to split an existing L-shaped building (Pad
"A") at the northwest corner of the Rosemead Place Shopping Center into two buildings
to create a new corner facade, three new tenant spaces, an outdoor seating area, new
landscape and hardscape, and new pedestrian pathways at 3620-3684 Rosemead
Boulevard, and subject to the conditions listed in Attachment "A" attached hereto and
incorporated herein by reference.
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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 June 5, 2017, by the following vote:
AYES: ENG, DANG, AND HERRERA
NOES: NONE
ABSTAIN: NONE
ABSENT: LOPEZ AND TANG
SECTION 6. The Secretary shall certify to the adoption of this r:solution and shall
transmit copies of same to the applicant and the Rosemead City Cler•.
PASSED, APPROVED, and ADOPTED this 5th day of June, .017
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ry:n
D:ng, Vice-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 5th day of June,
2017, by the following vote:
AYES: ENG, DANG, AND HERRERA
NOES: NONE
ABSTAIN: NONE
ABSENT: LOPEZ AND TANG
Michelle Ramirez ecretary
APPROVED AS T RM:
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
(PC RESOLUTION 17-09)
MODIFICATION 17-03
3620-3684 ROSEMEAD BOULEVARD
(APN: 8594-023-046)
CONDITIONS OF APPROVAL
JUNE 5, 2017
Standard Conditions of Approvals
1. Modification 17-03 ("Project") is approved for a modification of Design Review 03-
109 to split an existing L-shaped building (Pad "A") at the northwest corner of the
Rosemead Place Shopping Center into two buildings to create a new corner
facade, three new tenant spaces, an outdoor seating area, new landscape and
hardscape, and new pedestrian pathways, in accordance with the plans marked
Exhibit "B", dated May 22, 2017. 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.
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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 and Safety Division, Planning Division, and Engineering Division shall
have access to the project site at any time during construction to monitor progress.
15. Occupancy will not be granted until all improvements required by this approval
have been completed, inspected, and approved by the Planning, Building and
Safety, and Enginineering Divisions.
16. All ground level mechanical/utility equipment (including meters, back flow
prevention devices, fire valves, NC condensers, furnaces, and other equipment)
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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. All modified parking spaces shall comply with the currently applicable section of
the Rosemead Municipal Code. 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. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Project Specific Conditions of Approval
20. The conditions of approval of Modification 17-03 shall supersede the conditions of
approval of Design Review 03-109.
21. The site shall be maintained in a graffiti-free state. Any new graffiti shall be
removed within twenty-four (24) hours.
22. The site shall be maintained in a clean, weed and litter-free state, in accordance
with the Rosemead Municipal Code Sections pertaining to the storage,
accumulation, collection, and disposal of garbage, rubbish, trash, and debris.
23. Any proposed signage shall be submitted to the Planning Division for review and
approval. All proposed signage shall comply with the Rosemead Municipal Code.
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.
24. A final landscape and irrigation plan shall be submitted to the Planning Division for
review and approval 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.
25. All landscaping shall be maintained in a neat and healthy condition.
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26. The new trash enclosure shall comply with the currently applicable section of the
Rosemead Municipal Code.
27. Any exterior lighting shall be fully shielded and directed downwards as to not
project over the property lines of the subject site
Engineering Division Conditions of Approval
General
28. A Topographic survey indicating the existing property lines, and proposed site plan
layout. This should indicate right of way dimensions, existing sidewalk dimensions,
street dimensions, street cross sections, utilities, etc.
29. No Certificate of Occupancy shall be obtained if the offsite improvements are not
installed. Otherwise, the developer must submit an Undertaking Agreement and a
Faithful Performance and Labor and Materials Bond in the amount estimated by
the City Engineer guaranteeing the installation of the improvements.
30. The City reserves the right to impose any new plan check and/or permit fees.
31. A grading and drainage plan must provide for the improvement showing proposed
pad elevations, existing elevations, ramps, utilities, etc. Show new improvements
layout.
32. All grading projects require an Erosion Control Plan as part of the grading plans.
Grading permit will not be issued until and Erosion Control Plan is approved by the
Engineering Department.
ROAD
33. All work proposed within the public right-of-way shall require permits from the
Public Works Department.
SEWER
34. A set of plans shall be submitted showing the proposed lateral connections.
UTILITIES
35. All power, telephone and cable television shall be underground.
36. Any utilities that are in conflict with the development shall be relocated at the
developer's expense.
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WATER
37. To provide fire protection for the proposed development, the project shall be
approved by the Los Angeles County Fire Department for approval.
38. Any new water hydrants, water meter boxes and utilities boxes shall be located
eight (8) feet away from parkway trees and three (3) feet away from driveway
approaches.
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