PC – 2024-05 – Approve DR 24-03, Permit The Modernization of the Exterior Façade On An Existing Shop Ctr & To Renovate Existing Freestanding Sign, Addition To Various Site Improvements To Existing Parking Lot, Landscape, & Fencing. 8966-8968 Garvey AvePC RESOLUTION 24-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING DESIGN REVIEW 24-03, PERMITTING THE
MODERNIZATION OF THE EXTERIOR FACADE OF AN EXISTING
SHOPPING CENTER AND TO RENOVATE THE EXISTING
FREESTANDING SIGN, IN ADDITION TO VARIOUS SITE
IMPROVEMENTS TO THE EXISTING PARKING LOT, LANDSCAPING,
AND FENCING. THE PROJECT SITE IS LOCATED AT 8966-8968
GARVEY AVENUE (APN: 5282-010-030), IN THE MEDIUM
COMMERCIAL WITH RESIDENTIAL/COMMERCIAL MIXED-USE
DEVELOPMENT AND DESIGN OVERLAYS (C-3/RC-MUDO/D-0) ZONE.
WHEREAS, on April 24, 2024, Maggie Thai submitted a Design Review application
proposing to modernize the exterior fagade of an existing shopping center and to renovate
the existing freestanding sign. In addition, the proposed project also consists of various
site improvements such as the rehabilitation of the existing parking lot, landscaping, and
fencing;
WHEREAS, 8966-8968 Garvey Avenue is located in the Medium Commercial with
Residential/Commercial Mixed -Use Development and Design Overlays (C-3/RC-
MUDO/D-O) Zone.
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 May 23, 2024, thirty-five (35) 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 24-03;
WHEREAS, on June 3, 2024, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Design Review
24-03; 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 24-03 is classified as a Class 3 Categorical Exemption, pursuant to Section 15303
of the California Environmental Quality Act guidelines. Section 15303 of the California
Environmental Quality Act guidelines exempts projects consisting of construction and
location of limited numbers of new, small facilities or structures; installation of small new
equipment and facilities in small structures; and the conversion of existing small
structures from one use to another where only minor modifications are made in the
exterior of the structure.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Design Review 24-03, in accordance with Section
17.28.020(C) of the Rosemead Municipal Code as follows:
FINDING: 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.
FACT: The project site is located within an established commercial corridor within
the City. The applicant has provided an aesthetically complementary design, which
consists of a modern design and neutral earth -toned colors. The renovation of the
commercial fagade and freestanding sign, in addition to the various site improvements
would improve the overall aesthesis of the surrounding neighborhood and be
complementary to the existing developments in the vicinity.
FINDING: 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 and trash, storage and
loading areas.
FACT: The renovation of the commercial fagade and freestanding sign, in addition
to the various site improvements would not modify the use and site configuration. As such,
the proposed project would not produce any foreseeable adverse impacts. All
construction work would be required to comply with the timeframe and decibel levels
indicated in the City of Rosemead Noise Ordinance. Conditions of Approval will address
factors such as construction hours, noise, landscaping, screening of mechanical
equipment, trash, storage and loading areas.
FINDING: 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.
FACT: The renovation of the commercial facade and freestanding sign, in addition
to the various site improvements, would not depreciate the appearance and value of the
local environment. Staff has worked closely with the applicant to achieve a modern design
that would complement existing development in the surrounding neighborhood. The
modern design of the facade and freestanding sign incorporates recommendations found
in the Garvey Avenue Master Plan and the proposed renovations to the fagade and
freestanding sign has been designed to create visual interest at the street level and
complement the surrounding neighborhood.
FINDING: 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.
FACT: The project site is not located in or adjacent to land shown on the General
Plan as being part of the Civic Center or in public or education use, or land in any precise
plan which indicates building shape, size, or style. The proposed project consists of the
renovation of the commercial fagade and freestanding sign, in addition to the various site
improvements and would not modify the use and site configuration. The applicant's
proposal to utilize contrasting exterior finishes, high quality materials, and a modern,
neutral color scheme would create an aesthetically high-quality project would be in
harmony with the existing developments in the surrounding vicinity.
FINDING: 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.
FACT: The proposed project consists of the renovation of the commercial fagade
and freestanding sign, in addition to the various site improvements and would not modify
the use and site configuration. The proposed exterior fagade design and freestanding
sign would complement existing developments within the vicinity of the project site. 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.
FINDING: The site plan and the design of the buildings, 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, and the visual effect of the development from the view of public
streets.
FACT: The project consists of the renovation of the commercial fagade and
freestanding sign, various site improvements, and the addition of new landscape along
the south property line. The renovation of the fagade and freestanding sign in addition to
the site improvements would not modify the existing use and site configuration of the
shopping center. The proposed design of the exterior fagade and freestanding sign, in
addition to the site improvements would produce a visually pleasing effect of the
development from the view of public streets. In addition, a Condition of Approval will be
incorporated to require a Master Sign Program which will be reviewed and approved by
the Planning Division to ensure the orderly design and placement of signage.
SECTION 3. The Planning Commission HEREBY APPROVES Design Review 24-
03, permitting an exterior facade renovation of an existing shopping center and
freestanding sign, in addition to various site improvements to the existing parking lot,
landscaping, and fencing located at 8966-8968 Garvey Avenue, 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 June 3, 2024, by the following vote:
AYES:
BERRY, ESCOBAR, TANG, AND UNG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
LOPEZ
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 3m day of June, 2024.
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 31d day of June,
2024 by the following vote:
AYES:
BERRY, ESCOBAR, TANG, AND UNG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
LOPEZ
A4jL
Lily Valenzuela, Secretary
APPROVED AS TO FORM:
%L"-Ow� q
StEohaAie Gutierrez, felanning Ommission Attorney
Burke, Williams & Sorensen, LLP
ATTACHMENT"A"
(PC RESOLUTION 24-05)
DESIGN REVIEW 24-03
8966-8968 GARVEY AVENUE
(APN: 5282-010-030)
CONDITIONS OF APPROVAL
JUNE 3, 2024
Standard Conditions of Approvals
Design Review 24-03 ('Project') is approved for an exterior fagade renovation of
an existing shopping center and freestanding sign, in addition to various site
improvements to the existing parking lot, landscaping, and fencing, in accordance
with the plans marked Exhibit "B", dated May 16, 2024. 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.
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.
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 aside,
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, Public Works,
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. There shall be no loading and unloading of commercial vehicles on the public
streets.
17. All mechanical/utility equipment (including meters, back flow prevention devices,
fire valves, A/C condensers, furnaces, 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.
18. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Project Specific Conditions of Approval
19. 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:
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.
20. The applicant shall submit a Master Sign Program to the Planning Division for
review and approval prior to finalization of building permits for the project.
21. Planning Division approval of sign plans must be obtained prior to obtaining
building permits and/or installation for any signs.
22. 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. In addition, all existing light poles located
within the subject property and parking areas shall be repainted to complement to
fagade renovation.
23. If permissible by the adjacent property owner, the CMU block wall along the south
property line shall be stucco finished to complement the fagade renovation.
24. The site shall be maintained in a graffiti -free state. Any graffiti shall be removed
within twenty-four (24) hours.
25. The site shall be maintained in a clean, weed and litter free state. Solid waste
collection areas shall be maintained in a closed manner at all times to prohibit the
visibility from public right-of-way or adjacent property. Doors shall be properly
secured to prevent access by unauthorized persons and minimize scavenging,
while allowing authorized persons' access for disposal and collection of materials.
26. 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. Any
outdoor area used for storage if visible from public right-of-way shall be completely
enclosed by a solid masonry wall and solid gate not less than six feet in height.
The Community Development Director may approve the substitution of a fence or
decorative wall where such fence or wall provides adequate visual clearance, is
structurally adequate, and equivalent in decorative appearance. In no event shall
the height of such storage exceed the height of the wall or fence enclosing the
storage area.
Building and Safety Division Conditions of Approval
27. Plans prepared in compliance with the current Building Code shall be submitted to
Building Division for review prior permit issuance.
28. In accordance with paragraph 5538(b) of the California Business and Professions
Code, plans are to be prepared and stamped by a licensed architect.
29. Structural calculations prepared under the direction of an architect, civil engineer
or structural engineer shall be provided for the extension of the roof parapet and
walkway overhang as well as for the reconfiguration of the existing pylon sign.
30. Proposed overhang/canopy support columns shall be placed in a manner to avoid
creating conflict with or an obstruction to the required clearance for the parking
stall and for the access aisle of the accessible parking space.
31. All State of California disability access regulations for accessibility shall be
complied with.
32. A Summary of Accessibility Upgrades for Commercial Projects shall be completed
and the completed form shall be copied on the plans.
33. The added thickness due to the proposed wall finish or any architectural element
built -out of the existing building exterior wall shall not reduce the width of the
exterior walk to the extent of violating the minimum requirements of 48 inches for
access compliance per Section 11 B-403.5.1 of the Building Code.
34. As part of the path of travel requirement per Section 11 B-202.4, when proposing
alteration to the existing exterior walls, the existing primary entrance door for all
units affected by the alteration shall also be upgraded to comply with maneuvering
clearances per Section 1113-404.2.4 if existing primary entrance doors are
determined to be noncompliant. This means a clearance of 12" maneuvering
clearance at the door strike shall be provided to a primary entrance door with both
latch and closer in a front approach on the push side. Section 11 B-404.2.4.3 shall
apply when the alteration results a recessed condition at the door larger than 8
inches.
35. Foundation inspection will not be made until the location of the overhang/canopy
support columns have been surveyed and determined to be in accordance with the
approved plans by a land surveyor licensed by the State of California. This note is
to be placed on the foundation plan in a prominent location.
36. A separate application and Electrical plan review is required for new lighting.
37. The Project shall comply with the CalGreen Non -Residential mandatory
requirements.
Public Works Department Conditions of Approval
38. A separate permit shall first be obtained from the City Public Works Department
prior to placement of any construction materials or equipment in the public way.
39. Reconstruct the existing and construct new two driveways approach to comply with
current ADA bypass requirements per SPPWC, latest edition. No portion of the
driveway and/or parkway shall encroach to the frontage of the adjacent property.
40. Remove and replace broken and off grade sidewalk, curb and gutter in accordance
with SPPWC, latest edition and as directed by the City Engineer or his/her
designee.
41. Sewer Study shall be reviewed and approved by the City Engineer or his/her
designee, prior to the issuance of permits. If sewer is found to be inadequate,
sewer improvement plans shall be submitted to the City for approval and required
improvements shall be made at the sole cost to the property owner/developer.
42. Prior to the final completion of the building permit(s), an inspection is required by
the Public Works Inspector.