PC - 2020-01 - Approving Modification 20-01 and Amending Condition of Approval No. 1 located at 8508-8522 Valley Blvd PC RESOLUTION 20-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MODIFICATION 20-01, AMENDING CONDITION OF
APPROVAL NO. 1, ALLOWING FOR ADDITIONAL RESTAURANT OR
FAST FOOD USE TO BE ESTABLISHED IN THE SHOPPING CENTER.
THE SUBJECT SITE IS LOCATED AT 8508-8522 VALLEY
BOULEVARD, IN THE MEDIUM COMMERCIAL WITH A DESIGN
OVERLAY (C-31D-O) ZONE.
WHEREAS, on January 15, 2020, Gerard Ngo submitted a Modification
Application requesting to amend Design Review 03-112 (Modification), by modifying
Condition of Approval Number 1 to remove the limitation of square footage of restaurant
or fast food use within the shopping center;
WHEREAS, 8508-8522 Valley Boulevard is located in the Medium Commercial
with a Design Overlay (C-31D-O) Zoning District;
WHEREAS, Section 17.120.110(C) of the Rosemead Municipal Code provides the
criteria for authorizing changes to an approved project;
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 changes to developments or new
uses authorized through a permit granted in compliance with the zoning code;
WHEREAS, on January 23, 2020, 92 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 20-01;
WHEREAS, on February 3, 2020, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Modification
20-01 and amended Condition of Approval No. 1; 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 Modification
20-01 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of the
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California Environmental Quality Act guidelines. 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.
SECTION 2.The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Modification 20-01, in accordance with Section
17.120.110(C) 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[RMC 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 [RMC Chapter 17.120].
FINDING: Staff has verified that the proposed modification would be in compliance
with all applicable sections of the Rosemead Zoning Code. The amendments to Design
Review 03-112 (Modification) would reflect the City's definition of a shopping center. In
addition, the shopping center currently provides a total of 120 parking spaces onsite,
which satisfies the parking requirements set forth in Rosemead Municipal Code Table
17.112.040.1. Furthermore, all applicable conditions of approval of Design Review 03-
112 (Modification) would apply.
SECTION 3. The Planning Commission HEREBY APPROVES Modification 20-01,
an amendment to Design Review 03-112 (Modification), amending Condition of Approval
No. 1 to remove the limitations of restaurant or fast food use within the New Valley Plaza
shopping center located at 8508-8522 Valley 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 February 3, 2020, by the following vote:
AYES: BERRY, ENG, LOPEZ, TANG, AND VUONG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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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 3rd day of February, 2020.
Nanc Eng, 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 3rd day of
February, 2020 by the following vote:
AYES: BERRY, ENG, LOPEZ, TANG, AND VUONG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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/4;W �..a�..� ,
•ngeli•4 Frausto-Lupo, Secretary '
APPROVED AS TO FORM:
Christina Burrows, Ian► r. Commission Attorney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
(PC RESOLUTION 20-01)
MODIFICATION 20-01
8508-8522 VALLEY BOULEVARD
(APNs: 5371-010-803 & 805)
CONDITIONS OF APPROVAL
FEBRUARY 3, 2020
Standard Conditions of Approvals
1. Design Review 03-112 (Modification) is approved for the construction of a
shopping center totaling 30,000 square feet to be developed in accordance with
the plans marked Exhibit "C", dated July 28, 2008. Any revisions to the approved
plans must be resubmitted for the review and approval of the Planning Division.
2. The conditions listed on this exhibit shall be copied directly onto any development
plans subsequently submitted to the Planning and Building divisions for review.
3. The Planning Commission hereby authorizes the Planning Division to make and/or
approve minor modifications.
4. Design Review 03-112 (Modification) 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 03-112 (Modification).
5. 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.
6. Approval of Design Review 03-112 (Modification) shall not take effect for any
purpose until the applicant has filed with the City of Rosemead an affidavit stating
that they are aware of and accept all of the conditions set forth in the letter of
approval and this list of conditions.
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7. Design Review 03-112 (Modification) is approved for a one (1) year period. The
applicant shall initiate the proposed use, or request an extension 30 days prior to
expiration from the Planning Commission. Otherwise Design Review 03-112
(Modification) shall become null and void.
8. 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.
9. The applicant 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.
10.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.
11.The numbers of the address signs shall be at least 6"tall with a minimum character
width of 1/4", 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 City Planner, or his or her designee, prior to installation.
12.AII requirements of the Building and Safety Division and the Planning Division shall
be complied with prior to the final approval of the proposed construction.
13.Prior to issuance of building permits, all school fees shall be paid. The applicant
shall provide the City with written verification of compliance from the Unified School
District.
14.The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday to
Saturday. No construction shall take place on Sundays or on any legal holidays
without prior approval by the City.
15.The Planning staff shall have access to the subject property at any time during
construction to monitor progress.
16.Occupancy will not be granted until all improvements required by this approval
have been completed, inspected, and approved by the appropriate department(s).
17.Applicant shall obtain a public works permit for all work in or adjacent to the public
right-of-way.
18.AII utilities (with the exception of the existing transmission lines) shall be placed
underground including facilities and wires for the supply and distribution of
electrical energy, telephone, cable television etc. The underground conversion of
these utilities shall consider all future connections to the satisfaction of the City
Planner.
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19.Window signage area shall be limited to a maximum of 15% of the window and
door area. Applicant shall remove that signage which exceeds the 15% coverage
area.
20.The site shall be maintained in a graffiti-free state. Any new graffiti shall be
removed within twenty-four (24) hours. A 24-hour, Graffiti Hotline can be called at
(626) 569-2345 for assistance.
21.The site shall be maintained in a clean, weed and litter free state in accordance
with Sections 8.32.010-8.32.040 of the Rosemead Municipal Code, which pertains
to the storage, accumulation, collection, and disposal of garbage, rubbish, trash,
and debris. All trash containers shall be stored in the appropriate trash enclosure
at all times. All trash, rubbish, and garbage receptacles shall be regularly cleaned,
inspected, and maintained in a clean, safe, and sanitary condition.
22.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 Chapter 17.84 of the Rosemead Municipal Code, all designated
parking stalls shall be double striped. Such striping shall be maintained in a clear,
visible, and orderly manner.
23.A landscape and irrigation plan shall be submitted to the Planning Division for
review and approval prior to issuance of Building Permits. The landscape/
irrigation plan shall include an automatic sprinkler system and moisture sensors
and shall be prepared by a licensed landscape architect.
24.Prior to construction commencing, the contractor shall schedule a pre-
development meeting with the Planning Division staff to review the conditions of
approval and construction plans.
25.All roof top appurtenances and equipment shall adequately be screened
from view to the satisfaction of the Planning Division. Such equipment shall
not exceed the height of the parapet wall.
26.Signs shall comply with the sign program indicated in this report and that of
Chapter 17.104 of the Rosemead Municipal Code. A uniform signage
program shall be developed and submitted to the Planning Division for
review and approval prior to the issuance of the final Certificate of
Occupancy.
27.Submit a detailed lighting plan for the exterior of the building and adjacent
parking areas. Adequate lighting shall be provided in the vehicle parking
area. All exterior lighting shall be directed away from adjacent properties
and shielded on all sides.
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28.Windows shall be treated with anti-etching film to provide protection from
property damage.
29.All attached trash enclosures on-site shall be fully enclosed, the walls shall
have a smooth stucco finish, and the color shall be comparable to that of the
main structure. All trash enclosures shall also have opaque steel self-
closing and self-latching doors. All trash enclosures shall be locked at close
of business daily. (Modified by Planning Commission on August 4, 2008).
30.If at any future time a reciprocal access agreement for vehicles or
pedestrians is pursued with the adjacent Empire Shopping Center, a parking
analysis shall be conducted. Any future connection shall be constructed
without the loss of any on-site parking spaces.
31.Forty (40) feet of red curb shall be painted west of the project driveway and
twenty (20) feet of red curb shall be painted east of the project driveway.
32.A Southern California Edison representative must approve all subsequent
Occupancy Permit applications, prior to submittal to the Planning Division.
33.Any changes to the conditions of operation listed in this Exhibit"B" must be
first approved by the Planning Commission through a modification
application.
34.AII ground level mechanical/utility equipment (including meters, back flow
preservation devices, fire valves, A/C condensers, furnaces, utility cabinets
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 or other public space within the development. The City
Planner shall approve said screening prior to installation.
35.If the new trash enclosure, measuring 9'X9'-3", located along the south side
of Building "B," is not able to be installed at the proposed location due to
the existing location of exterior mechanical equipment, then a the new trash
enclosure of the same size shall be installed within the building shell of
tenant space labeled B-8, B-9 or B-10.
36.Fire reviews for all new tenant improvements within the commercial center
shall be completed by Rolf Jensen & Associates [sic], as required by the
Building and Safety Division, at the expense of the applicant.
37.Prior to the issuance of the final Certificate of Occupancy, a covenant and
agreement to hold all three (3) parcels as one shall be prepared by Southern
California Edison, approved by the City Planner and City Engineer, and
recorded at the Los Angeles County Recorder's Office.
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38.The hours for delivery shall be limited from 7 a.m. to 8 p.m. Monday to
Saturday. No delivery shall take place on Sundays or on any legal holidays
without prior approval by the City. (Modified by Planning Commission on August
4, 2008).
39.Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
40.The applicant shall work with the City's trash service provider to ensure that the
existing trash enclosures can accommodate additional restaurant or fast food use
within the shopping center. If not, the applicant shall add additional trash pick-up
services for the shopping center.
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