CC - 2022-19 - Upholding the Planning Commission's Decision to Approve Modification 21-08, Amending DR 03-110, by Modifying Condition of Approval No. 1 and Eliminating Condition of Approval No. 24. The subject site is located 8855 Valley Blvd.RESOLUTION NO. 2022-19
AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
UPHOLDING THE PLANNING COMMISSION'S DECISION TO
APPROVE MODIFICATION 21-08, AMENDING DESIGN REVIEW 03-
110, BY MODIFYING CONDITION OF APPROVAL NO. 1 AND
ELIMINATING CONDITION OF APPROVAL NO. 24, ALLOWING FOR
AN EXTERIOR FACADE RENOVATION AND THE REVIEW OF THE
PROPOSED LANDSCAPE PLANS CONCURRENTLY WITH THE
PROPOSED MODIFICATION, AND PERMITTING STAFF TO REVIEW
FUTURE SIGNAGE. THE SUBJECT SITE IS LOCATED AT
8855 VALLEY BOULEVARD (APN: 5391-009-002), IN THE
RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT AND
DESIGN OVERLAY (CBD/RC-MUDO/D-O) ZONE
WHEREAS, on November 22, 2021, DC Universal, LLC submitted a Modification
Application (MOD 21-08) requesting to amend Design Review 03-110, by amending Condition
of Approval No. 1 for a proposed fagade renovation and eliminating Condition of Approval No.
24, allowing for the review of the proposed landscape plans concurrently with the proposed
modification, and permitting staff to review future signage located at 8855 Valley Boulevard; and
WHEREAS, 8855 Valley Boulevard is located in a Residential/Commercial Mixed -Use
Development and Design Overlay (CBD/RC-MUDO/D-O) zone; and
WHEREAS, 17.28.020 of the Rosemead Municipal Code provides the purpose and criteria
for a design review; and
WHEREAS, Section 17.120.100(C) of the Rosemead Municipal Code provides the
criteria for authorizing changes to an approved project; and
WHEREAS, Sections 65800 & 65900 of the California Government Code and Section
17.28.020(C) and 17.120.100 (C) of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve or disapprove design review applications; and
WHEREAS, on March 7, 2022, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Modification 21-08 and
adopted Planning Commission Resolution 22-01, making findings and determinations to approve
Modification021-08; and
WHEREAS, on February 16, 2022, the City Clerk's Office received a letter of appeal from
the Law Offices of Murray D. Fischer, representing 420 Boyd Street, LLC, the property owner of
8801-8845 Valley Boulevard, requesting to appeal the Planning Commission's decision.
WHEREAS, on March 10, 2022, forty-three (43) notices were sent to property owners
within a 300 -feet radius from the subject property, in addition to notices posted in six (6) public
locations, on-site, published in the Rosemead Reader, and filed with the Los Angeles County
Clerk, specifying the availability of the application, plus the date, time, and location of the public
hearing for the appeal of Modification 21-08, pursuant to California Government Code Section
65091(a)(3); and
WHEREAS, the City Council held a duly noticed public hearing on March 22, 2022, to
consider the appeal of Modification 21-08; and
WHEREAS, the City Council fully studied the appeal of Modification 21-08 and
considered all public comments; and
WHEREAS, the City Council, having final approval authority over this project, has
reviewed and considered all comments received during the public review period prior to the
approval of this project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
HEREBY FINDS, DECLARES, AND RECOMMENDS AS FOLLOWS:
SECTION 1. The CITY COUNCIL HEREBY DETERMINES that Modification 21-08 is
classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of the California Environmental
Quality Act (CEQA) guidelines. Section 15301 of CEQA 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,
MOD 21-08 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of CEQA
guidelines.
SECTION 2. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do
exist to justify approving Modification 21-08, 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 purpose of the proposed improvement is to modernize the building fagade.
The proposed development is located within an established commercial district of the City. The
applicant has provided a design of high aesthetic quality, which in staff's determination, will
improve the aesthetics of the prominent intersection and its relationship to the commercial district.
To create visual interest for pedestrians and vehicular traffic along Valley Boulevard, the proposed
fagade renovation is enhanced with design elements which include concrete cement or glass fiber
finished walls, exterior metal and wood panels, LED lights, and the utilization of contrasting earth -
tone colors.
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
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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 project consists of exterior renovations to the existing commercial
building. All new lighting will be fully shielded and directed downwards to mitigate glare on
adjacent properties. All construction work is required to comply with the timeframe and decibel
levels indicated in the City's Noise Ordinance. Conditions of approval will specifically address
factors such as noise, construction hours, screening of mechanical equipment, landscaping, and
the overall maintenance of the property. In addition, a condition of approval has been incorporated,
requiring the trash enclosure to be improved and be an integral part of the overall project design.
Furthermore, a condition of approval prohibits the use of mirrored or reflective glazing materials
and glass.
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 project would not cause the nature of the local environment to materially
depreciate in appearance and value. The proposed fagade renovation consists of a mix of mid-
century modern architecture with high-quality, contemporary elements. The overall design of the
project takes a decidedly balanced, restrained approach in terms of massing, colors and materials,
and architectural features, and does not utilize excessive or exaggerated design cues that may not
be compatible with the commercial corridor.
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 project site is located south of Muscatel Middle School, which is
designated as Public Facilities in the General Plan, however, is not a part of the Civic Center. The
project consists of exterior renovations to the existing commercial building and would not modify
the use or site configuration. The proposed fagade renovation is enhanced with design elements
which include concrete cement or glass fiber finished walls, exterior metal and wood panels, LED
lights, and the utilization of contrasting earth -tone colors. The project would be in harmony with
the developments in land designated on the General Plan as Public Facilities, the Civic Center, and
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 code requirements for the CBD -D
(Central Business District with a Design Overlay) zone, and all applicable referenced code sections
of the Rosemead Municipal Code. The applicant has provided a design of high aesthetic quality,
which in staff's determination, will modernize the prominent intersection and its relationship to
the commercial district. To create visual interest for pedestrians and vehicular traffic along Valley
Boulevard, the proposed fagade renovation is enhanced with design elements which include
concrete cement or glass fiber finished walls, exterior metal and wood panels, LED lights, and the
utilization of contrasting earth -tone colors.
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 project consists of exterior renovations to the existing commercial
building. As part of the project improvements, the applicant will improve the existing trash
enclosure to be an integral part of the overall project design. In addition, all landscaping will also
be improved. Furthermore, all future signage will be reviewed and approved by staff.
SECTION 3. The City Council upholds the Planning Commission's decision to approve
Modification 21-05, as adopted by Planning Commission Resolution 22-01, with Conditions of
Approval outlined in Exhibit "A".
SECTION 4. The City Clerk shall certify to the adoption of this resolution and hereafter
the same shall be in full force and effect.
PASSED, APPROVED, AND ADOPTED this 22nd day of March, 2022.
ATTEST:
R chel H. Richman, kVity Attorney
Exhibits:
j � s
Poll w, m yor
APPROVED AS TO FORM:
4�97��
Ericka Hernandez, City Clerk
A. Planning Commission Resolution 22-01 (with Conditions of Approval)
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, do hereby certify that the foregoing City Council Resolution, No. 2022-19,
was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting
thereof held on the 22nd day of March, 2022, by the following vote, to wit:
AYES: ARMENTA, DANG, LOW, TANG
NOES: NONE
ABSENT: NONE
ABSTAIN: CLARK
Ericka Herhtrddez, City Jerk
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EXHIBIT "A"
PC Resolution 22-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MODIFICATION 21-08, AMENDING DESIGN REVIEW 03-
110, BY MODIFYING CONDITION OF APPROVAL NO. 1 AND
ELIMINATING CONDITION OF APPROVAL NO. 24, ALLOWING FOR A
FACADE RENOVATION AND THE REVIEW OF THE PROPOSED
LANDSCAPE PLANS CONCURRENTLY WITH THE PROPOSED
MODIFICATION, AND PERMITTING STAFF TO REVIEW FUTURE
SIGNAGE. THE SUBJECT SITE IS LOCATED AT 8855 Valley Boulevard
(APN: 5391-009-002), IN THE RESIDENTIAL/COMMERCIAL MIXED-
USE DEVELOPMENT AND DESIGN OVERLAY (CBDIRC-MUDOJD-O)
ZONE.
WHEREAS, on November 22, 2021, DG Universal, LLC submitted a Modification
Application (MOD 21-08) requesting to amend Design Review 03-110, by amending
Condition of Approval No. 1 for a proposed fagade renovation and eliminating Condition
of Approval No. 24, allowing for the review of the proposed landscape plans concurrently
with the proposed modification, and permitting staff to review future signage located at
8855 Valley Boulevard;
WHEREAS, 8855 Valley Boulevard is located in a Residential/Commercial Mixed -
Use Development and Design Overlay (CBDIRC-MUDO/D-O) zone;
WHEREAS, Section 17.120.100(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 27, 2022, twenty-three (23) 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, specifying the
availability of the application, and the date, time, and location of the public hearing for
MOD 21-08;
WHEREAS, on February 7, 2022, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to MOD 21-
08; 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 MOD 21-08
is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of the
California Environmental Quality Act (CEQA) guidelines. Section 15301 of CEQA
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, MOD 21-08 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 MOD 21-08, in accordance with Section 17,120,100(C)
of the Rosemead Municipal Code as follows;
A. Per Rosemead Municipal Code, Section 17.120.100(0), a proposed change that
does not comply with the criteria identified in subsection B of [RMC Section 17.120.1001,
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 03-110 would further enhance the appearance of the existing commercial and
create visual interest for pedestrians and vehicular traffic along Valley Boulevard. In
addition, the proposed modification would stimulate economic activity along one of the
City's largest commercial corridors and streamline site improvements such as
landscaping and signage for future tenants. Furthermore, all applicable conditions of
approval of Design Review 03-110 would apply.
SECTION 3. The Planning Commission HEREBY APPROVES MOD 21-08, an
amendment to Design Review 03-110, by amending Condition of Approval No, 1 for a
proposed facade renovation and eliminating Condition of Approval No. 24, allowing for
the review of the proposed landscape plans concurrently with the proposed modification,
and permitting staff to review future signage
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 Cleric 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 7, 2022, by the following vote:
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AYES:
BERRY, LEUNG, LOPEZ, AND UNG
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 Ph day of February, 2022.
James Berry, Chair
CERTIFICATION
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 ?'h day of
February, 2022 by the following vote:
AYES:
BERRY, LEUNG, LOPEZ, AND UNG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
Benjafkf Kim, Secretary
APPROVED AS TO FORM:
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
ATTACHMENT "A"
(PC RESOLUTION 22-01)
MODIFICATION 21.08
8855 VALLEY BLVD
(APN: 5391.009.002)
CONDITIONS OF APPROVAL
February 7, 2022
1. Modification 21-08 is approved as a modification to Design Review 03-110 for the
approval of exterior facade renovations and site improvements to the Universal
Plaza building in the Universal Square shopping center, to be developed in
accordance with the plan marked Exhibit "B", dated February 1, 2022, and
submitted colored elevations and color and material sample boards. Any revisions
to the approved plans must be resubmitted for review and approval by the Planning
Department.
2. Project is approved for the elimination of Condition of Approval No. 24 of 03-110,
which states; A separate Design Review will be required for the approval of
landscape plans and proposed signage.
3. All applicable Conditions of Approval from Design Review 03-110 will still apply.
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. Project is approved for a period of one (1) year. The applicant shall commence the
proposed use 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 Division,
Building Division, and Public Works Department, 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.
6. The Planning Division hereby authorizes the Planning Division to make and/or
approve minor modifications to the project and to these conditions of approval.
7. The conditions listed on this exhibit shall be copied directly onto any development
plans subsequently submitted to the Planning and Building Divisions for review.
8. The on-site public hearing notice posting shall be removed by the end of the 10 -day
Z
appeal period of Project.
9. MOD 21-08 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 MOD
21-08.
10. 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.
11. The applicant(s) shall comply with all Federal, State, and local laws relative to the
approved project, including the requirements of the Planning, Building, Public
Works, Fire, Sheriff, and Health Departments.
12. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday to
Saturday. No construction shall take place on Sundays or on any Federal holiday
without prior approval by the City.
13. City staff shall have access to the subject property at any time during construction
to monitor progress.
14. All roof top appurtenances and equipment shall adequately be screened from view
to the satisfaction of the Planning Division. There shall be no mechanical
equipment located on the sides of the building. Such equipment shall not exceed
the height of the parapet wall. All 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
Planning Division shall approve said screening on the development plan prior to
installation.
15. 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;
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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.
16. All trash enclosures shall be designed to be an integral part of the overall project
design, and utilize complementary colors and materials. All trash enclosures shall
have a solid roof cover and doors shall be opaque, self-closing, and self -latching.
Detailed elevations shall be submitted to the Planning Division for review, and if
satisfactory, approval, prior to submittal to the Building Division.
17. 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.
18. The use of mirrored and reflective glazing materials and glass is prohibited.
19. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Public Works Conditions of Approval
20. Copy all conditions of approval and the Planning decision letter onto all permit plan
sets.
21. Submit project record drawings incorporating any approved delta revisions that
occurred during construction.
22. The approved building address(s) shall be painted on the curb to the City's
standard as required by the Public Works Inspector before the final inspection.
23. Comply with NPDES requirements.
UTILITIES
24. All power, telephone, cable television, and all utilities to the project and adjacent
to the project shall be installed and relocated underground unless impracticable to
the satisfaction of the City Engineer or designee.
25, Any utilities that conflict with the development shall be relocated at the developer's
expense.
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