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PC - Item 3C - Tentative Parcel Map 73751 and Zone Variance 16-01 't\ ROSEMEAD PLANNING COMMISSION STAFF REPORT rrr ms .= QRPOIRATED TO: THE HONORABLE CHAIR AND PLANNING COMMISSION FROM: PLANNING DIVISION DATE: DECEMBER 19, 2016 SUBJECT: TENTATIVE PARCEL MAP 73751 AND ZONE VARIANCE 16-01 3500-3684 ROSEMEAD BOULEVARD Summary For property tax purposes, Beacon Property Management (representing Rosemead Place, LLC) has submitted a tentative parcel map application to create five (5) new legal parcels from the three (3) existing parcels that constitute the Rosemead Place shopping center, which previously received City approval to be tied as one (1) parcel. The separation of the three parcels into five parcels is critical to the shopping center's financial viability as the separate parcels provide the basis under various leases for the proper allocation of the property tax bills, which are primarily reimbursed by the tenants under the terms of their triple net leases. A Zone Variance has also been submitted for two of the proposed new lots as the applicant is requesting to deviate from Rosemead Municipal Code Section 17.16.030(A)(6)(b), which requires a total of 6% of the gross lot area to be landscaped. The shopping center as a whole meets this requirement, however, if calculated as single lots, Lots 3 and 5 are deficient in meeting this requirement. The subject site is currently located at 3506-3684 Rosemead Boulevard, in a C-3/D-0 (Medium Commercial with a Design Overlay) zone. The public hearing for Tentative Parcel Map 73751 was originally scheduled on October 17, 2016, however, the applicant requested that the item be continued. For this reason, the public hearing was not held by the Planning Commission. Environmental Determination Section 15061(b)(3) of the California Environmental Quality Act (CEQA) guidelines exempt projects if the activity is covered by the general rule that CEQA applies only with projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not the subject to CEQA. In this case, the Rosemead Race shopping center is built out and the realignment of parcels for financial reasons will not cause any building or other intensification of use. Accordingly, Tentative Parcel Map 73751 and Zone Variance 16- 01 are exempt from CEQA, pursuant to Section 15061(6)(3) of the CEQA guidelines. Planning Commission Meeting December 19,2016 Page 2 of 18 Staff Recommendation It is recommended that the Planning Commission ADOPT Resolution No. 16-18 with findings (Exhibit "A"), and APPROVE Tentative Parcel Map 73751 and Zone Variance 16-01, subject to the 30 conditions outlined in Attachment "A" attached hereto. Property History and Description The subject site is identified as the Rosemead Place Shopping Center, on the southeast corner of Rosemead Boulevard and Marshall Street. According to the Los Angeles County Assessor's records, the site consists of several parcels totaling approximately twenty-six (26) acres. According to the Building and Safety Division records, the property is currently developed with nine (9) commercial buildings occupied variously by single or multiple tenants, which include restaurants, offices, retail stores, a bank, a UPS store, and a health club. According to Planning Division records, several entitlements for design reviews, zone variances, zone changes, and conditional use permits have been processed since 1965. • • • • 0 Aerial of Rosemead Place Shopping Center Site & Surrounding Land Uses The project site is designated in the General Plan as Commercial and on the zoning map it is designated C-3/D-O (Medium Commercial with a Design Overlay) zone. The site is surrounded by the following land uses: North: General Plan: Low Density Residential Zoning. R-1 (Single-Family Residential) Land Use: Residential Planning Commission Meeting December 19,2016 Page 3 of 18 South: General Plan: San Bernardino (1-10) Freeway Zoning: San Bernardino (1-10) Freeway Land Use: San Bernardino (1-10) Freeway East: General Plan: Low Density Residential Zoning: R-1 (Single-Family Residential) Land Use: Landscaping and Residential West: General Plan: Commercial Zoning: C-3/D-o (Medium Commercial with a Design Overlay) and P-D (Planned Development) Land Use: Commercial Administrative Analysis In 2012, the Planning Commission approved two projects at the Rosemead Place Shopping Center, one involving the facade renovation of TGI Friday's Restaurant and the second consisting of the demolition of the then-existing Hollywood Video (see map below) and the construction of a new commercial building (now containing the Habit Burger Grill, Wingstop, Jersey Mike's Subs, and Chipotle). Through this process, it was discovered that the L-shaped building located at the northwest corner of the property was situated on two (2) parcels. As illustrated in the diagram below, the property line ran through the building creating a substandard condition. MARSHAL STREET Lic 6 _ WAY 1 6L 6.O1OON WAY t E-Vl OR EM 4 ,I F t W Ex_ CC ___ _ __ e� c L BOULEVARD rWIFRSTATF 10 FREEWAY) To correct the substandard condition, the property owner submitted a Lot Tie application, which tied the three (3) legal parcels as one (1) parcel. The application was Planning Commission Meeting December 19,2016 Page 4 of 18 approved by the Public Works Department on December 17, 2012, and was recorded at the Los Angeles County Recorder's Office. As a result of the lot tie, the Los Angeles County Assessor's Office picked up the lot tie when it was recorded and collapsed the property tax parcels into a single property tax parcel with a single bill, which inadvertently created financial complications for the property owner. For this reason, the applicant is requesting to create five (5) new legal parcels from the existing three (3) legal parcels. The City Engineer and City Attorney have reviewed the applicant's request and have no objection to the creation of the five (5) new legal parcels as they are being created for financial reasons, the shopping center is at its maximum potential build-out, and no additional construction or intensification of use can occur without additional permits from the City. Since the shopping center is controlled by Covenants, Conditions, and Restrictions (CC&R's), staff will require the applicant/property owner to modify the CC&R's to reflect the five (5) new legal parcels. The CC&R's cover all aspects of maintenance and shared use of the common areas, including but not limited to driveways, landscaping, lighting, parking, and trash facilities. In addition, the City Engineer has added several conditions relating to shared parking and ingress/egress easements. Development Standards Staff has verified that the five (5) new legal parcels would be in compliance with the applicable development standards of the Rosemead Zoning Code, as demonstrated in the following table: Development Required Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Feature Minimum Lot 5,000 el, ! 349,041 s.f. 11,629 s.f. 576,369 s,f, 91,123 s.f. 109,694 s.f. Area Floor Area -- 122,165 s.f. 4,068 s.f. 201,729 s.f. 31,893 s.f. , 38,393 s.f. Floor Area 0.35:1 0.35:1 0.35:1 0.35:1 0.35:1 0.35:1 Ratio (FAR) Height 75'-0" 26'-0"to 21'-0" to 20' to 22'-6" 22'-6° (max) Landscape 6% 9% 32% 4% 10% 4% (31,414 s.f.) (3,721 s.f.) (23,055 s.f.) (9,112 s.f.) (4,388 s.f.) Total 71,990 s.f. (landscape total of five lots)/ 1,137,856 (total lot area of five lots) = 6% Landscape 1 parking 398,248 s.f./280= 1,422 Parking space per 280 s.f. I (1,655 parking spaces provided—surplus of 233 parking spaces) Planning Commission Meeting December 19,2016 Page 5of18 Zone Variance Per Rosemead Municipal Code Section 17.16.030(A)(6)(b), a total of 6% of the gross at area shall be landscaped. As set forth in the table on page 4, landscaping on Lots 1, 2, and 4 exceeds the required landscape percentage per lot. However, Lots 3 and 5 are landscape-deficient by two percent. Originally, in the Planning Commission Staff Report dated October 17, 2016, staff had conditioned that Lots 3 and 5 must meet this requirement prior to the recordation of the final map. Due to questions about its ability to meet this requirement given other limitations on the site, the applicant requested that the public hearing be continued to a date uncertain. Since the original hearing date, the applicant has conducted research on the feasibility of providing additional landscaping to Lots 3 and 5. After speaking to their engineering team, the applicant has indicated that it would not be feasible to add the approximately 14,000 square feet of landscaping needed to meet the requirement, as it would cause the removal of approximately 100 parking stalls. This would allow the center to remain well within the City's required parking standard but would not meet the center's own desire for additional parking. For this reason, the applicant is requesting a variance from the Planning Commission to allow this exception to meet the 6% landscape requirement for Lots 3 and 5. The shopping center as a whole meets and will continue to meet the 6% landscape requirement. Staff has consulted with the City Attorney's office on this request and since the shopping center is existing and at its maximum potential built out, they have no objections to granting the variance. Municipal Code Requirements Rosemead Municipal Code, Section 17.120.030, requires for concurrent processing of multiple permit applications: multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or denied by the highest review authority designated by [the] Zoning Code for any of the applications. The highest review authority designated by the Zoning Code for any of the applications for the proposed project is the Planning Commission. As such, TPM 73751 and Zone Variance 16-01 shall be reviewed, and approved or denied by the Planning Commission. Tentative Parcel Map Sections 66473.5 and 66474 of the California Government Code (Map Act) and 16.08 of the Rosemead Municipal Code specify the criteria by which a subdivision map may be granted: A. The proposed division will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity. No physical modifications are being proposed to the existing shopping center. The applicant is proposing to create five (5) new legal parcels for financial purposes related to the allocation of property taxes among the center's tenants. The creation of the five parcels is critical to the shopping center's financial viability as the Planning Commission Meeting December 19, 2016 Page 6 of 18 separate parcels provide the basis under various leases for the proper allocation of the property tax bills, which are primarily reimbursed by the tenants under the terms of their triple net leases. For this reason, the proposed division will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity. B. The proposed division will not be contrary to any official plan adopted by the City Council; or to any official policies or standards adopted by the City Planning Commission or the City Council and on file in the office of the City Clerk at or prior to the time of filing of the application hereunder. Through this application, the applicant is only proposing to create five (5) new legal parcels for financial purposes. The City Engineer and City Attorney have reviewed the applicant's request and have no objection to the creation of the five (5) new legal parcels as they are being created for financial reasons and the shopping center is at its maximum potential build-out. In addition, the map has been checked for accuracy and has been verified that the application is not contrary to any adopted policy or plans. C. Each proposed parcel conforms in area and dimension to the provisions of zoning and subdivision requirements of the City. The five (5) new legal parcels would be in compliance with the applicable development standards of the Rosemead Zoning Code, contingent on the granting of the variance as part of the Planning Commission's action on this matter. In addition, the City Engineer will process the final map in accordance with the Subdivision Map Act. D. All streets, alleys and driveways proposed to serve the property have been dedicated or such dedication is not required for the protection of public safety, health and welfare and that such streets, alleys and driveways are of sufficient width, design and construction to preserve the public safety and to provide adequate access and circulation for vehicular and pedestrian traffic. The City Engineer has reviewed the tentative map for its accuracy and is satisfied with the proposed parcel map request. The City Engineer's conditions of approval have been included in the Conditions of Approval and will be complied with at the time of filing the final map and at the implementation phase. E. All easements and covenants required for the approval of the tentative map or plot plan have been duly executed and recorded. Through this application, the applicant is only proposing to create five (5) new legal parcels for financing purposes. Prior to recordation of the final parcel map, and where applicable, the applicant shall dedicate necessary easements to be executed Planning Commission Meeting December 19,2016 Page 7 of 18 as required by the City Engineer and such dedicated easements shall be recorded with the Final Parcel Map. Zone Variance Section 17.16.030(A)(6)(b) of the RMC requires a total of 6% of the gross lot area shall be landscaped. An applicant must obtain a Zone Variance in order to create a development that does not meet the minimum standards. Section 17.140.040 of the RMC establishes findings required for granting such a Zone Variance. If one of these criteria cannot be met, then the Zone Variance must not be granted. A. There are special circumstances or conditions applicable to the subject property (such as location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning district; The subject site is twenty-six acres and is the largest shopping center in the City of Rosemead. The shopping center is currently at its maximum potential built out and will remain with no physical modifications. The shopping center as a whole meets the Zoning Code's 6% landscape requirement. However, if calculated as single lots, Lots 3 and 5 would be deficient in meeting this requirement. It is not feasible for the shopping center to provide an additional 14,000 square feet of landscaping, as doing so would cause the removal of approximately 100 parking stalls. B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning district; The shopping center is currently at its maximum potential built out and will remain with no physical modifications. The shopping center as a whole meets and will continue to meet the Zoning Code's 6% landscape requirement, however, if calculated as single lots, Lots 3 and 5 would be deficient in meeting this requirement Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity given that the means of compliance with the 6% landscape requirement would be the removal of a large number of parking spaces. C. Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and The approval of the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity, because the subject property possesses special circumstances that are not found on its surrounding properties. Specifically, the shopping center is the largest such center in the City, it provides both shopping and eating possibilities for City residents, and Planning Commission Meeting December 19,2016 Page8 of 18 when taken as a whole it meets and will continue to meet the Zoning Code's 6% landscape requirement. The variance is only being granted to meet certain financial allocation needs of the center owner and its tenants, and by ensuring that the center as a whole meets the landscape requirement, the City ensures that no special privilege is granted. D. The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel. The shopping center is currently at its maximum potential built out and will remain with no modifications. Shopping centers are permitted in the C-3 (Medium Commercial) zone. Public Notice Process This item has been noticed through the regular agenda notification process, which includes a 300-foot radius public hearing notice to eighty-one (81) property owners, publication in the Rosemead Reader on December 8, 2016, and postings of the notice at the six (6) public locations and on the subject site. Prepared by: Submitted lby: IIRL9L it Lily T. Valenzuela Michelle Ramirez City Planner Community Development Director EXHIBITS: A. Planning Commission Resolution 16-18 with Attachment"A" (Conditions of Approval) B. Tentative Parcel Map 73751 (11"X17") C. Assessor Parcel Map (APN. 8594-023-046) Planning Commission Meeting December 19,2016 Page 9 of 18 EXHIBIT "A" PC RESOLUTION 16-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 73751, A REQUEST FOR THE CREATION OF FIVE (5) NEW LEGAL PARCELS WITHIN AN EXISTING SHOPPING CENTER FOR TAX PURPOSES AND ZONE VARIANCE 16- 01 FOR AN EXCEPTION TO THE 6% LANDSCAPE REQUIREMENT FOR LOTS 3 AND 5. THE SUBJECT SITE IS LOCATED AT 3500-3684 ROSEMEAD BOULEVARD, IN A C-31D-O (MEDIUM COMMERCIAL WITH A DESIGN OVERYLAY) ZONE (APN: 8594-023-046). WHEREAS, on October 14, 2015, Beacon Property Management (representing Rosemead Place, LLC) submitted a tentative parcel map application requesting to created five (5) new legal parcels within an existing shopping center for tax purposes; and WHEREAS, 3500-3684 Rosemead Boulevard is located in a C-3/D-0 (Medium Commercial with a Design Overlay) zone; and WHEREAS, Sections 66473.5 and 66474 of the California Government Code (Map Act) and 16.08 of the Rosemead Municipal Code specify the criteria by which a subdivision map may be granted; and WHEREAS, on October 6, 2016, eighty-one (81) property owners, publication in the Rosemead Reader, and postings of the notice at the six (6) public locations and on the subject site; and WHEREAS, on October 17, 2016, the applicant requested that the duly noticed and advertised public hearing was continued to a date uncertain relative to Tentative Parcel Map 73751; and WHEREAS, on November 23, 2016, Beacon Property Management (representing Rosemead Place, LLC) submitted a zone variance application requesting an exception to the 6% landscape requirement for Lots 3 and 5; and WHEREAS, Section 17.140.040 of the Rosemead Municipal Code provides the criteria for a Zone Variance; WHEREAS, on December 8, 2016, eighty-one (81) property owners, publication in the Rosemead Reader, and postings of the notice at the six (6) public locations and on the subject site; and Planning Commission Meeting December 19,2016 Page 10 0118 WHEREAS, on December 19, 2016, the Planning Commission held a duly noticed and advertised public hearing relative to Tentative Parcel Map 73751 and Zone Variance 16-01; 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 Tentative Parcel Map is categorically exempt from Section 15061(b)(3) of the California Environmental Quality Act (CEQA) guidelines. Section 15061(b)(3) of CEQA exempt projects if the activity is covered by the general rule that CEQA applies only with projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not the subject to CEQA. Accordingly, Tentative Parcel Map 73751 and Zone Variance 16-01 are exempt from CEQA, pursuant to Section 15061(6)(3) of the CEQA guidelines. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Tentative Parcel Map 73751 according to the criteria of Section 16.08 of the Rosemead Municipal Code as follows: A. The proposed division will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity; and FINDING: No physical modifications are being proposed to the existing shopping center. The applicant is proposing to create five (5) new legal parcels for financial purposes related to the allocation of property taxes among the center's tenants. The creation of the five parcels is critical to the shopping center's financial viability as the separate parcels provide the basis under various leases for the proper allocation of the property tax bills, which are primarily reimbursed by the tenants under the terms of their triple net leases. For this reason, the proposed division will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity. B. The proposed division will not be contrary to any official plan adopted by the City Council; or to any official policies or standards adopted by the City Planning Commission or the City Council and on file in the office of the City Clerk at or prior to the time of filing of the application hereunder; and FINDING: Through this application, the applicant is only proposing to create five (5) new legal parcels for financial purposes. The City Engineer and City Attorney have reviewed the applicant's request and have no objection to the creation of the five (5) new legal parcels as they are being created for financial reasons and the shopping Planning Commission Meeting December 19,2016 Page 11 of 18 center is at its maximum potential build-out. In addition, the map has been checked for accuracy and has been verified that the application is not contrary to any adopted policy or plans. C. Each proposed parcel conforms in area and dimension to the provisions of zoning and subdivision requirements of the City; FINDING: The five (5) new legal parcels would be in compliance with the applicable development standards of the Rosemead Zoning Code, contingent on the granting of the variance as part of the Planning Commission's action on this matter. In addition, the City Engineer will process the final map in accordance with the Subdivision Map Act. D. All streets, alleys and driveways proposed to serve the property have been dedicated or such dedication is not required for the protection of public safety, health and welfare and that such streets, alleys and driveways are of sufficient width, design and construction to preserve the public safety and to provide adequate access and circulation for vehicular and pedestrian traffic; and FINDING: The City Engineer has reviewed the tentative map for its accuracy and is satisfied with the proposed parcel map request. The City Engineer's conditions of approval have been included in the Conditions of Approval and will be complied with at the time of filing the final map and at the implementation phase. E. All easements and covenants required for the approval of the tentative map or plot plan have been duly executed and recorded. FINDING: Through this application, the applicant is only proposing to create five (5) new legal parcels for financing purposes. Prior to recordation of the final parcel map, and where applicable, the applicant shall dedicate necessary easements to be executed as required by the City Engineer and such dedicated easements shall be recorded with the Final Parcel Map. SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Zone Variance 16-01 according to the criteria in Section 17.140.040 of the Rosemead Municipal Code as follows: A. There are special circumstances or conditions applicable to the subject property (such as location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning district; FINDING: The subject site is twenty-six acres and is the largest shopping center in the City of Rosemead. The shopping center is currently at its maximum potential built out and will remain with no physical modifications. The shopping center as a whole Planning Commission Meeting December 19,2016 Page 12 of 18 meets the Zoning Code's 6% landscape requirement. However, if calculated as single lots, Lots 3 and 5 would be deficient in meeting this requirement. It is not feasible for the shopping center to provide an additional 14,000 square feet of landscaping, as doing so would cause the removal of approximately 100 parking stalls. B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning district; FINDING: The shopping center is currently at its maximum potential built out and will remain with no physical modifications. The shopping center as a whole meets and will continue to meet the Zoning Code's 6% landscape requirement, however, if calculated as single lots, Lots 3 and 5 would be deficient in meeting this requirement. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity given that the means of compliance with the 6% landscape requirement would be the removal of a large number of parking spaces. C. Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and FINDING: The approval of the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity, because the subject property possesses special circumstances that are not found on its surrounding properties. Specifically, the shopping center is the largest such center in the City, it provides both shopping and eating possibilities for City residents, and when taken as a whole it meets and will continue to meet the Zoning Code's 6% landscape requirement. The variance is only being granted to meet certain financial allocation needs of the center owner and its tenants, and by ensuring that the center as a whole meets the landscape requirement, the City ensures that no special privilege is granted. D. The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel. FINDING: The shopping center is currently at its maximum potential built out and will remain with no modifications. Shopping centers are permitted in the C-3 (Medium Commercial) zone. SECTION 4. The Planning Commission HEREBY APPROVES Tentative Parcel Map 73751 for the creation of five (5) new legal parcels for tax purposes and Zone Variance 16-01 for an exception to the 6% landscape requirement, subject to the conditions listed in Attachment "A", attached hereto and incorporated herein by reference. Planning Commission Meeting December 19,2016 Page 13 of 18 SECTION 5. 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 6. This resolution is the result of an action taken by the Planning Commission on December 19, 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: 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 19th day of December, 2016. Daniel Lopez, 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 19th day of December, 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Michelle Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting December 19, 2016 Page 14 of 18 ATTACHMENT "A" TENTATIVE PARCEL MAP 73751 AND ZONE VARIANCE 16-01 3500-3684 ROSEMEAD BOULEVARD (APN: 8594-023-046) CONDITIONS OF APPROVAL DECEMBER 19, 2016 Standard Conditions of Approvals 1. Tentative Parcel Map 73751 and Zone Variance 16-01 ("Project") are approved for the creation of five (5) new legal parcels for tax purposes and for an exception to the 6% landscape requirement, located at 3500-3684 Rosemead Boulevard, in accordance with the tentative parcel map marked Exhibit "B", dated September 26, 2016. 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 two (2) years. The applicant(s) shall commence the approved project or request an extension within 30 calendar days prior to expiration. The two (2) 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 two (2) years, it shall become null and void. 7. The Planning Commission hereby authorizes the Planning Division to make and/or Planning Commission Meeting December 19,2016 Page 15 of 18 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 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. 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. 12. The site shall be maintained in a graffiti-free state. Any graffiti shall be removed within twenty-four (24) hours. Project Specific Conditions of Approval 13. Prior to the final recordation of the map, all parking lot areas that are not currently maintained shall be patched, re-slurry seal, and re-striped. In addition, all landscaped areas shall be rehabilitated to the satisfaction of the Planning Division. 14. The shopping center's Covenants, Conditions, and Restrictions (CC&R's) shall be revised to reflect the five (5) new legal parcels. Planning Commission Meeting December 19,2016 Page 16 of 18 Engineering Division Conditions of Approval General 15. Indicate easements No. 9, 15, 16, 18, 20, 21, 22, 25, 27, 30 & 32 on the plans. 16. Provide a copy of title report & underlying documents. 17. An irrevocable shared parking agreement shall be recorded. 18. An irrevocable ingress/egress easement should be shown and recorded to insure that parcels are not landlocked. 19. The final parcel map shall be based on a field survey, and monuments shall be set to permanently mark parcel map boundaries, street center lines and lot boundaries to the satisfaction of the City Engineer. The basis of bearing used for the field survey required for the final map shall include two survey well monuments found or set. The City Engineer may waive this requirement upon petition should this be impractical. Well monuments shall be set in accordance with standard plan No. S08-001, if required. 20. Final parcel map shall be filed with the County Recorder and one (1) Mylar copy of filed map shall be submitted to the City Engineer's office. Prior to the release of the final map by the City, a refundable deposit in the amount of $1,000 shall be submitted by the developer to the City, which will be refunded upon receipt of the Mylar copy of the filed map. 21. Comply with all requirements of the Subdivision Map Act. 22. Approval for filling of this land division is contingent upon approval of plans and specifications mentioned below. If the improvements are not installed prior to the filing of this division, 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. 23. The City reserves the right to impose any new plan check and/or permit fees approved by City Council subsequent to tentative approval of this map. 24. A recorded document should be executed to prohibit the sale of each lot separately. 25. To provide fire protection for the proposed development, the project shall be approved by the Los Angeles County Fire Department for approval. Planning Commission Meeting December 19,2016 Page 17 of 16 Los Angeles County Fire Department Conditions of Approval 26. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires an all-weather access surface to be dear to sky. 27. A copy of the Final Map shall be submitted to the Fire Department for review and approval prior to recordation. 28. The driveways required for fire apparatus access shall be indicated on the Anal Map as "Private Driveway and Fire lane" with the widths clearly depicted. 29. A reciprocal access agreement is required for the all private driveway since multiple lots and units are sharing the same access. Submit documentation to the Fire Department for review prior to Final Map clearance. 30. Plans shall be submitted to Fire Prevention Engineering if any changes with the existing configuration. Planning Commission Meeting December 19,2016 Page 18 of 18 EXHIBIT "C" 8594 23 :...� ^m m„m °°"'^^' �..ab ar�"�°°" trri i 'lans : 1 m. ROSEM al I ii 4 F Ileir i � �urm BK FI 2 -V-1I } II 1 uP _F _ R .® 1 9 - Yy O 1 ow,'; 1. 10,� MB , 6R —Rn!t0_ _— _—F wa 1.. I 5595 fi -+i WO Project Site