PC - 2017-16 - Approving Conditional Use Permit 17-05 and Design Review, permitting the establishment of an automobile rental use and commercial facade renovation at 9510 Valley Boulevard, in a medium commerical with a design overlay PC RESOLUTION 17-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 17-05 AND DESIGN REVIEW
17-04, PERMITTING THE ESTABLISHMENT OF AN AUTOMOBILE
RENTAL USE AND THE COMMERCIAL FACADE RENOVATION AT
9510 VALLEY BOULEVARD (APN: 8593-001-042), IN A MEDIUM
COMMERCIAL WITH A DESIGN OVERLAY (C-3/D-O) ZONE.
WHEREAS, on April 12, 2017, Peiji Tong submitted applications for a Conditional
Use Permit and a Design Review, to establish an automobile rental use and renovate the
facade of an existing commercial building at 9510 Valley Boulevard;
WHEREAS, 9510 Valley Boulevard is located in a Medium Commercial with
Design Overlay (C-3/D-O) zoning district;
WHEREAS, Section 17.132.040 of the Rosemead Municipal Code provides the
criteria for a Conditional Use Permit;
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 17.132.040 and 17.28.020(C) of the Rosemead Municipal Code authorize the
Planning Commission to approve, conditionally approve, or deny Conditional Use Permit
and Design Review applications;
WHEREAS, on July 27, 2017, 41 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 public locations and on site, specifying the
availability of the application, and the date, time, and location of the public hearing for
Conditional Use Permit 17-05 and Design Review 17-04;
WHEREAS, on August 7, 2017, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional Use
Permit 17-05 and Design Review 17-04; 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:
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SECTION 1. The Planning Commission HEREBY DETERMINES that Conditional
Use Permit 17-05 and Design Review 17-04 are classified as a Class 1 Categorical
Exemptions, 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 Conditional Use Permit 17-05, in accordance with
Section 17.132.040 of the Rosemead Municipal Code as follows:
A. Approval of the application will not be or incompatible or injurious to other
properties or land uses in the vicinity or create conditions materially detrimental to the
public health, safety and general welfare.
FINDING: The proposed automobile rental use is located within an established
commercial corridor of the City. Conditions of approval will add protection for the public
health, safety, and general welfare. A security plan was reviewed and approved by the
City of Rosemead's Chief of Police. This implementation will protect the properties and
land uses in the vicinity. As such, the project will not create any foreseeable significant
negative impacts to the vicinity of the project site.
B. The use is consistent with the General Plan.
FINDING: The Land Use Element of the General Plan aims to concentrate
commercial and industrial businesses in established commercial, office, and industrial
districts. Accordingly, the use will be located within an established commercial corridor.
In addition, Policy 2.7 of the Land Use Element of the General Plan aims to establish and
apply architectural design review to additions, remodel of existing buildings and new
commercial and industrial development.
C. The use is consistent with the provisions of this Zoning Code.
FINDING: The use is consistent with the applicable provisions of the Zoning Code.
The project has satisfied all of the applicable minimum requirements of the Zoning Code.
D. Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act.
FINDING: 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. Accordingly, Conditional Use
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Permit 17-05 and Design Review 17-04 are classified as a Class 1 Categorical
Exemptions, pursuant to Section 15301 of California Environmental Quality Act
guidelines.
E. If development is provided for under the Conditional Use Permit, the project is
consistent with the goals and objectives of the applicable standards and Design
Guidelines in the overlying district.
FINDING: The project does not include any new development. The scope of work
is limited to only interior tenant improvements, façade improvements, and exterior site
improvements. Staff has worked closely with the applicant to ensure that the project is
consistent with the goals and objectives of the Design Overlay zone.
SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving DR 17-04 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 consists of remodeling the exterior façade of an
existing commercial building, an interior commercial tenant improvement, rehabilitation of
the existing parking lot and landscape areas, and the installment of new landscaping. The
proposed exterior façade design would be of modern design 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, parking lot improvements, new landscaping, new exterior lighting, and a new
trash enclosure. A condition of approval has be added to ensure that all exterior lighting
shall be fully shielded and directed downwards as to not project over the property lines of
the project site. 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 existing
roof plan was designed with parapets on the north, east, and west elevations to screen
mechanical equipment from the public right-of-way. Furthermore, the applicant is
proposing to construct a new trash enclosure with self-closing, solid doors and a solid
roof. Conditions of approval have been added to protect noise, vibrations, and other
factors which may have an adverse effect on the environment.
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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 improve the physical appearance of the
commercial area. The proposed project design will modernize the exterior façade of the
existing building, which would complement the existing commercial site developments
within the vicinity. The proposed project utilizes colors and high quality 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 property is not part of the Civic Center Plan, precise plan or land
reserved for public or educational use, so there is no special need to create harmony with
the general area. Notwithstanding this, the approved design will create a development
that is an aesthetic upgrade over the surrounding area and that has the potential to
enhance land values in the general area. This is due to the proposed new building facade
with higher quality materials, a design that blends better with the area, and greatly
improved landscaping and parking lot area.
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 design would modernize the exterior facade of the
existing building and would complement the existing commercial site developments within
the vicinity. The existing structure meets all the development standards in Rosemead
Municipal Code Table 17.16.030.1. 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.
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FINDING: The proposed project consists of remodeling the exterior façade of an
existing commercial building, an interior commercial tenant improvement, rehabilitation of
the existing parking lot and landscape areas, and the installment of new landscaping. The
site plan and design of the parking areas, signs, landscaping, luminaries, and other site
features indicate that proper consideration has been given to both the functional aspects
of the site development, such as automobile and pedestrian circulation. The proposed
design would modernize the exterior facade of the existing building and would produce a
visually pleasing effect of the development from the view of public streets.
SECTION 4. The Planning Commission HEREBY APPROVES Conditional Use
Permit 17-05 and Design Review 17-04, permitting the establishment of an automobile
rental use and the renovation of an existing commercial building façade at 9510 Valley
Boulevard, and subject to the conditions listed in Attachment "A", attached hereto and
incorporated herein by reference.
SECTION 5. This action shall become final and effective ten 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 6. This resolution is the result of an action taken by the Planning
Commission on August 7, 2017, by the following vote:
AYES: ENG, HERRERA, AND TANG
NOES: NONE
ABSTAIN: NONE
ABSENT: DANG AND LOPEZ
SECTION 7. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the applicants and the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 7th day of August, 2017.
J. nTan., Vic-- hair
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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 7th day of August,
2017, by the following vote:
AYES: ENG, HERRERA, AND TANG
NOES: NONE
ABSTAIN: NONE
ABSENT: DANG AND LOPEZ
4.
Lily T. Valenzuela, Secretary
APPRO�-O e TO F• •+ • 7
Kane .(Tanning Com' i :.on Attorney
Burke, Willi. s & Sorens2 LP
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ATTACHMENT "A"
(PC RESOLUTION 17-16)
CONDITIONAL USE PERMIT 17-05
DESIGN REVIEW 17-04
9510 VALLEY BOULEVARD
(APN: 8593-001-42)
CONDITIONS OF APPROVAL
AUGUST 7, 2017
Standard Conditions of Approvals
1. Conditional Use Permit 17-06 and Design Review 17-04 ("Project") are approved
for the establishment of an automobile rental use and the renovation of an existing
commercial building facade at 9510 Valley Boulevard, in accordance with the plans
marked Exhibit "B", dated July 27, 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 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. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
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17. The site shall be maintained in a graffiti-free state. Any graffiti shall be removed
within twenty-four (24) hours.
18. The site shall be maintained in a clean, weed and litter free state.
Project Specific Conditions of Approval
19. Each individual vehicle for rent shall be driven onto the site. Loading and unloading
of vehicles for rent shall be prohibited on site and on the street adjacent from the
site.
20. Hours of operation shall be limited from 8:00 a.m. to 6:00 p.m., daily. The hours of
operation shall be posted in the front window or door.
21. The security plan, which was approved by the City of Rosemead's Chief of Police
shall be implemented and enforced at all times.
22. The glass store front shall consist of clear glass. Any modification shall be
reviewed and approved by the Planning Division.
23. The onsite parking lot shall be limited to 12 off-street parking spaces for vehicle
rental and 11 off-street parking spaces for customer parking. The show room on
the first floor of the existing building shall be limited to two display vehicles.
24. There shall be no automobile repair and/or automobile wash uses permitted on-
site.
25. Temporary structures shall not be erected on the project site.
26. The applicant shall construct and maintain a fully enclosed trash enclosure on the
subject property. Such trash enclosure shall comply with the Rosemead Municipal
Code.
27. 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 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 met:
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.
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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.
d. The provisions of this section shall not apply to a fence or wall as required
by any law or regulation of the state of California or any agency thereof.
28. The applicant(s) 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. All
landscaping and irrigation shall be installed and completed prior to final Planning
Division approval.
29. Any exterior lighting shall be fully shielded and directed downwards as to not
project over the property lines of the project site. If needed, a photometric study
shall be conducted to the satisfaction of the Planning Division.
30. New wall mounted light fixtures shall be installed on the building exterior walls to
break up the facade and reflect the building's new modern design.
31. Planning Division approval of sign plans must be obtained prior to obtaining
building permits and/or installation for any signs.
32. The unpermitted freestanding sign shall be removed prior to the Planning
Division's final stamp of approval. Any proposed freestanding sign shall consist of
a monument sign, not to exceed six (6) feet.
33. 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.
34. 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.
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