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PC - 2010-18 - Adopted Double Tree Hotel Mitigation Measure No. 12 and Approving Conditional Use Permit 01-820 and Design ReviewPC RESOLUTION 10-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA CONSIDERING AN ADDENDUM TO THE ADOPTED DOUBLE TREE HOTEL MITIGATED NEGATIVE DECLARTION FOR THE MODIFICATION OF MITIGATION MEASURE NO. 12, AND APPROVING CONDITIONAL USE PERMIT (MODIFICATION 2) 01-820 AND DESIGN REVIEW (MODIFICATION 1) 07-145. THE SUBJECT SITE IS LOCATED AT 888 MONTEBELLO BOULEVARD, IN THE C-3D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN: 5271-002-061 to 5271-002-065). WHEREAS, on July 7, 2008, the Rosemead Planning Commission approved Resolution 08-13 that approved Conditional Use Permit Modification 01-820 and Design Review 07-145, subject to conditions of approval for the addition of 54 guest rooms with a lobby totaling 54,739 square feet, a 12,440 square foot ballroom and an attached 86,527 square foot parking structure to the existing Double Tree Hotel located at 888 Montebello Boulevard in the C-31D (Medium Commercial with a Design Overlay) zone; and WHEREAS, on July 7, 2008, the Planning Commission ADOPTED a Mitigated Negative Declaration and Mitigation Monitoring Program, as the environmental clearance for Conditional Use Permit 01-820 (MOD) and Design Review 07-145 pursuant to the California Environmental Quality Act ("CEQA"), and WHEREAS, on November 3, 2009, Sue Lee of CHCH, Inc submitted Conditional Use Permit Modification (2) 01-820 and Design Review Modification (1) 07-145 on behalf of the Double Tree Hotel (Sunshine Inn Limited Partnership) requesting to eliminate mitigation measure #12 of the adopted MMRP as a condition (Condition of Approval #34 in Resolution 08-13), for the project located at 888 Montebello Boulevard; and WHEREAS, Section 17.112.030 (20) of the Rosemead Municipal Code (RMC) permits hotels in the C-3, CBD, and M zones upon the granting of a Conditional Use Permit (CUP). WHEREAS, Section 17.112.010 sets the following criteria required for granting Conditional Use Permits: • The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan. Planning Commission Resolution CUP MOD (2) 01-820 and DR MOD (1) 07-145 June 21, 2010 Page 2 of 13 • The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not, under the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood. • The granting of such conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. WHEREAS, Section 17.72.030 of the RMC states that design review procedures shall be followed for all improvements involving visible changes in form, texture, color, exterior fagade or landscaping, and WHEREAS, Section 17.72.050 sets the criteria by which the Planning Commission may approve, approve with conditions, or deny an application: • The plans indicate proper consideration for the relationship between the proposed structure and site developments that exist or have been approved for the general neighborhood; • The plan for the proposed structure and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations, and other factors which may have an adverse effect on the environment, and the manner of screening mechanical equipment, trash, storage and loading areas. • The proposed structure or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing building or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value. • 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. • 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; and • The site plan and the design of the buildings, parking areas, signs, landscaping, luminaries and other site features indicates that proper consideration has been Planning Commission Resolution CUP MOD (2) 01-820 and DR MOD (1) 07-145 June 21, 2010 Page 3 of 13 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. WHEREAS, the Planning Commission has applied the criteria for a conditional use permit and design review to the applicant's request for the modification of the conditions and mitigation measures of the subject conditional use permit and design review; and WHEREAS, on June 10, 2010, forty-four (44) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices posted in six (6) public locations and on-site, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit (MOD 2) 01- 820 and Design Review (MOD 1) 07-145, and on June 11, 2010, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on June 21, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit (MOD 2) 01-820 and Design Review (MOD 1) 07-145; and WHEREAS, the Planning Commission fully studied the proposed Addendum to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, environmental findings, and considered all public comments; 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. CEQA Guidelines Section 15164 Findings. The Planning Commission hereby finds that: 1. An Addendum instead of a subsequent MND has been prepared, as Conditional Use Permit (MOD 2) 01-820 and Design Review (MOD 1) 07-145 is not proposed to make substantial changes to the project that would require major revisions to the previous MND due to the involvement of new significant environmental effects or substantial increase in the severity of previously identified significant effects; and 2. An Addendum instead of a subsequent MND has been prepared, as Conditional Use Permit (MOD 2) 01-820 and Design Review (MOD 1) 07-145 did not cause substantial changes to occur with respect to the circumstances under which the project is undertaken which would have required major revisions to the previous MND Planning Commission Resolution CUP MOD (2) 01-820 and DR MOD (1) 07-145 June 21, 2010 Page 4 of 13 due to involvement of new significant environmental effects or substantial increase in the severity of previously identified significant effects; and 3. An Addendum instead of a subsequent MND has been prepared, as no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous MND was adopted as complete, shows any of the following: a) Conditional Use Permit (MOD 2) 01-820 and Design Review (MOD 1) 07-145 will have one or more significant effects not discussed in the previous MND, b) Significant effects previously examined will be substantially more severe than shown in the previous MND, c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the City declines to adopt the mitigation measure or alternative, or d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous MND would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative. FINDING: Only minor revision to the project mitigation measures are proposed by Conditional Use Permit (MOD 2) 01-820 and Design Review (MOD 1) 07-145. The environmental effects of Conditional Use Permit (MOD 2) 01-820 and Design Review (MOD 1) 07-145 were assessed in terms of whether the impacts would be substantially different from and/or more severe than the impacts identified in the 2008 Mitigated Negative Declaration. Each impact topic is described below: A. No Substantial Change in the Project. There are no substantial changes in the Project. Rather, there is a clear and straight forward explanation to support the request to delete the condition of approval that requires the project applicant to pay for the cost to install a traffic signal at the project entrance prior to the issuance of a building permit for Phase (..There are no new significant environmental or traffic and circulation effects or any substantial increases in the severity of any previously identified traffic and circulation effect with the elimination of the traffic signal. No major revision or modification to the adopted Mitigated Negative Declaration is required. The adopted project mitigation measures will continue to be more than adequate to mitigate all project traffic impacts. B. No Substantial Changes in Circumstances. There are no substantial changes with respect to the circumstances under which the project will be undertaken that will require major revisions to the Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effect. The clarification provided herein to eliminate the installation of a traffic signal at the project entrance will not result in new or substantially increased environmental or traffic and circulation effects resulting from the project. Planning Commission Resolution CUP MOD (2) 01-820 and DR MOD (1) 07-145 June 21, 2010 Page 5 of 13 C. No New Information of Substantial Importance. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Mitigated Negative Declaration was adopted that shows the project will have one or more significant effects or substantially more severe effects not discussed in the Mitigated Negative Declaration. Except for the new information regarding the proposed elimination of the traffic signal at the project entrance, the project and its traffic impacts all remain the same as contemplated and evaluated in the Mitigated Negative Declaration. There are no mitigation measures that were considerably different from those analyzed in the Mitigated Negative Declaration that would substantially reduce the environmental effects related to project traffic. Consequently, there is no new information indicating that new significant or substantially more severe environmental effects would result from the traffic generated by the project. SECTION 2 - CEQA Guidelines Section 15090 Findings. The Planning Commission hereby finds that: 1. The Addendum to the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been completed in compliance with the California Environmental Quality Act based on evidence presented in Section 1 of this resolution; and 2. The Addendum to the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was presented to the Planning Commission and that the Planning Commission reviewed and considered the information contained in the Mitigated Negative Declaration Addendum and Mitigation Monitoring and Reporting Program prior to approving the project such that a Planning Commission public hearing was held on June 21, 2010. 3. The Addendum to the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program reflects the lead agency's independent judgment and analysis in that the Mitigated Negative Declaration has been subject to comment and revision by City staff and reflects the independent judgment of the Rosemead Planning Commission. SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES that the modification of the plan does not in any way alter the findings previously made by the Planning Commission to approve Conditional Use Permit Modification 01-820. On July 7, 2008, the Planning Commission determined that the conditional use permit met all the requisite standards set forth. Staff is only applying the requirements for the initial grant of the approval to the applicant's request for a modification. The facts do Planning Commission Resolution CUP MOD (2) 01-820 and DR MOD (1) 07-145 June 21, 2010 Page 6 of 13 exist to justify approving Conditional Use Permit Modification (2) 01-820 according to the criteria of Section 17.112.020 of the Rosemead Municipal Code as follows: A. The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan. FINDING: The project site is designated in the General Plan as Commercial and on the zoning map, it is designated C-3D (Medium Commercial with a Design Overlay). The proposed use is in conformity with the General Plan, in that C-3D zoning is a corresponding zone district with the Commercial General Plan land use category. Section 17.112.020 of the Rosemead Municipal Code (RMC) allows "hotels and motels" in the C-3, CBD and M-1 zones, upon the granting of a CUP. The CUP will continue to be in harmony with the elements and objections of the General Plan with the modification of mitigation measure #12. B. The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not, under the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood. FINDING: The modification of mitigation measure #12 will not be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood. A new Focused Traffic Analysis, dated January 21, 2010, studied the cumulative plus project weekday morning and evening peak hours and Saturday mid-day peak hour traffic at Montebello Boulevard and the north and south project driveways, which are presently unsignalized intersections. The proposed traffic distribution would maintain the north project driveway as a cross street stop controlled intersection that restricts east-west left turn movements from the site and the adjacent Montebello Town Center shopping center. The intersection at the south project entrance and Montebello Boulevard is proposed as a full access intersection. The revised project traffic distribution of the January 21, 2010 analysis improves the LOS of the project driveways. The improved level of service at the north project driveway, based on the January 21, 2010 traffic analysis, occurs as a result of the full access south project driveway. The revised access to both project driveways distributes the project traffic and thus improves the LOS. With this improvement, the current traffic volumes do not warrant a traffic signal at either the north or the south project driveway entrance at the project opening timeline. However, since a traffic signal system was calculated to be warranted during the evening peak hour in the year 2020, mitigation measure #12 will require the applicant to pay a fair share of the project cost, including an allowance for design and construction management for that signal. C. The granting of such conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. Planning Commission Resolution CUP MOD (2) 01-820 and DR MOD (1) 07-145 June 21, 2010 Paae 7 of 13 FINDING: A new Focused Traffic Analysis, dated January 21, 2010, studied the cumulative plus project weekday morning and evening peak hours and Saturday mid- day peak hour traffic at Montebello Boulevard and the north and south project driveways, which are presently unsignalized intersections. The intersection at the south project entrance and Montebello Boulevard is proposed as a full access intersection. The revised project traffic distribution of the January 21, 2010 analysis improves the LOS of the project driveways. The improved level of service at the north project driveway, based on the January 21, 2010 traffic analysis, occurs as a result of the full access south project driveway. The revised access to both project driveways distributes the project traffic and thus improves the LOS. With-this improvement, the current traffic volumes do not warrant a traffic signal at either the north or the south project driveway entrance at the project opening timeline. However, since a traffic signal system was calculated to be warranted during the evening peak hour in the year 2020, mitigation measure #12 will require the applicant to pay a fair share of the project cost, including an allowance for design and construction management for that signal. Additionally, the property owner will be required to adhere to all other conditions of approval and mitigation measures that were approved in July 2008. Therefore, the proposed modification will not be detrimental or injurious to the general welfare of the City. SECTION 4. The Planning Commission HEREBY FINDS AND DETERMINES that the modification of the plan does not in any way alter the findings previously made by the Planning Commission to approve Design Review 07-145. On July 7, 2008, the Planning Commission determined that the design review met all the requisite standards set forth. Staff is only applying the requirements for the initial grant of the approval to the applicant's request for a modification. The facts do exist to justify approving Design Review (MOD 1) 07-145 according to the criteria of Section 17.72.050 of the Rosemead Municipal Code as follows: A. The plans indicate proper consideration for the relationship between the proposed structure and site developments that exist or have been approved for the general neighborhood; and FINDING: Design Review 07-145 was approved by the Rosemead Planning Commission on July 7, 2008. The proposed modification deals with a revised mitigation measure to address traffic and circulation within the public right-of-way. The modification of mitigation measure #12 will not affect the approved on-site improvements for the Double Tree Hotel expansion. B. The plan for the proposed structure and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations, and other factors which may have an adverse effect on the Planning Commission Resolution CUP MOD (2) 01-820 and DR MOD (1) 07-145 June 21, 2010 Page 8 of 13 environment, and the manner of screening mechanical equipment, trash, storage and loading areas. FINDING: Design Review 07-145 was approved by the Rosemead Planning Commission on July 7, 2008. The proposed modification deals with a revised mitigation measure to address traffic and circulation within the public right-of-way. The modification of mitigation measure #12 will not affect the approved on-site improvements for the Double Tree Hotel expansion. Additionally, the property owner will be required to adhere to all other conditions of approval and mitigation measures that were approved in July 2008, which address noise, vibrations, and other factors which may have an adverse effect on the environment, and the manner of screening mechanical equipment, trash, storage and loading areas. C. The proposed structure or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing building or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value. FINDING: Design Review 07-145 was approved by the Rosemead Planning Commission on July 7, 2008. The proposed modification deals with a revised mitigation measure to address traffic and circulation within the public right-of-way. The modification of mitigation measure #12 will not affect the approved on-site improvements for the Double Tree Hotel expansion. Additionally, the property owner will be required to adhere to all other conditions of approval and mitigation measures that were approved in July 2008. 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; and FINDING: Design Review 07-145 was approved by the Rosemead Planning Commission on July 7, 2008. The proposed modification deals with a revised mitigation measure to address traffic and circulation within the public right-of-way. The modification of mitigation measure #12 will not affect the approved on-site improvements for the Double Tree Hotel expansion. Additionally, the property owner will be required to adhere to all other conditions of approval and mitigation measures that were approved in July 2008. Furthermore, the Double Tree Hotel is not located within or adjacent to land shown on the General Plan as being part of the Civic Center or in public or educational use, or within or immediately adjacent to land included within any precise plan which indicates building shape, size or style. Planning Commission Resolution CUP MOD (2) 01-820 and DR MOD (1) 07-145 June 21, 2010 Paqe 9 of 13 E. The proposed development is in conformity with the standards of the Rosemead Municipal Code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved; and FINDING: Design Review 07-145 was approved by the Rosemead Planning Commission on July 7, 2008. The proposed modification deals with a revised mitigation measure to address traffic and circulation within the public right-of-way. The modification of mitigation measure #12 will not affect the approved on-site improvements for the Double Tree Hotel expansion. Additionally, the property owner will be required to adhere to all other conditions of approval and mitigation measures that were approved in July 2008. 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: Design Review 07-145 was approved by the Rosemead Planning Commission on July 7, 2008. The proposed modification deals with a revised mitigation measure to address traffic and circulation within the public right-of-way. Proper consideration has been given to the functional aspect of the site development, such as automobile circulation. A new Focused Traffic Analysis, dated January 21, 2010, studied the cumulative plus project weekday morning and evening peak hours and Saturday mid-day peak hour traffic at Montebello Boulevard and the north and south project driveways, which are presently unsignalized intersections. The proposed traffic distribution would maintain the north project driveway as a cross street stop controlled intersection that restricts east-west left turn movements from the site and the adjacent Montebello Town Center shopping center. The intersection at the south project entrance and Montebello Boulevard is proposed as a full access intersection. The revised project traffic distribution of the January 21, 2010 analysis improves the LOS of the project driveways. The improved level of service at the north project driveway, based on the January 21, 2010 traffic analysis, occurs as a result of the full access south project driveway. The revised access to both project driveways distributes the project traffic and thus improves the LOS. With this improvement, the current traffic volumes do not warrant a traffic signal at either the north or the south project driveway entrance at the project opening timeline. However, since a traffic signal system was calculated to be warranted during the evening peak hour in the year 2020, mitigation measure #12 will require the applicant to pay a fair share of the project cost, including an allowance for design and construction management for that signal. The modification of mitigation measure #12 will not affect the approved on-site improvements for the Double Tree Hotel expansion. Additionally, the property owner will be required to Planning Commission Resolution CUP MOD (2) 01-820 and DR MOD (1) 07-145 June 21, 2010 Page 10 of 13 adhere to all other conditions of approval and mitigation measures that were approved in July 2008. SECTION 5. The Planning Commission HEREBY APPROVES Conditional Use Permit Modification (2) 01-820 and Design Review Modification (1) 07-145 modifying Mitigation Measure No. 12 to require the project applicant to pay a total of $5,712.00 into the City's traffic mitigation fund to cover the applicant's fair share (1.4%) of the project cost to install a traffic signal system at the northern project entrance, instead of the full cost of the traffic signal system, subject to the conditions listed in Attachment "A" attached hereto and incorporated herein by reference. SECTION 6. This resolution is the result of an action taken by the Planning Commission on June 21, 2010, by the following vote: YES: ALARCON, ENG, HERRERA, HUNTER, RUIZ NO: NONE ABSENT: NONE ABSTAIN: 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 215` day of June, 2010. I - J ~4 10 William Alarcon. Chairm r - 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 this 2151 day of June, 2010, by the following vote: YES: ALARCON, ENG, HERRERA, HUNTER, RUIZ NO: ABSENT: ABSTAIN: c~ Sheri Bermejo, Secretary Planning Commission Resolution CUP MOD (2) 01-820 and DR MOD (1) 07-145 June 21, 2010 Page 11 of 13 ATTACHMENT "A" CONDITIONAL USE PERMIT (MOD 2) 01-820 AND DESIGN REVIEW (MOD 1) 07-145 DOUBLE HOTEL, 888 MONTEBELLO BOULEVARD CONDITIONS OF APPROVAL June 21, 2010 1. Conditional Use Permit Modification (2) 01-820 and Design Review Modification (1) 07-145 shall be in compliance and remain in compliance with all Conditions of Approval for Conditional Use Permit Modification (1) 01-820 and Design Review 07-145, in addition to the Conditions of Approval for Conditional Use Permit Modification (2) 01-820 and Design Review Modification (1) 07-145. 2. All Mitigation Measures as stated in the Addendum Mitigated Negative Declaration shall be implemented by the applicant and enforced by the City of Rosemead or any other responsible agency. 3. The project applicant shall make all improvements to the south drive access to accommodate the movements allowed in the January 21, 2010 Focused Traffic Analysis. This includes completing a site distance analysis and submitting improvement plans consistent with the analysis for making the intersection of Montebello Boulevard at project south access a full access intersection. (Condition was revised by Planning Commission June 21, 2010) 4. Approval of Conditional Use Permit Modification (2) 01-820 and Design Review Modification (1) 07-145 shall not take effect for any purpose until the applicant has filed with the City of Rosemead 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. Conditional Use Permit Modification (2) 01-820 and Design Review Modification (1) 07-145 are 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 and Building Divisions, so long as the project is not abandoned. If Conditional Use Permit Modification (2) 01-820 and Design Review Modification (1) 07-145 have been unused, abandoned or discontinued for a period of one (1) Planning Commission Resolution CUP MOD (2) 01-820 and DR MOD (1) 07-145 June 21, 2010 Paqe 12 of 13 year it shall become null and void. 6. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved Plans where necessary. 7. Conditional Use Permit Modification (2) 01-820 and Design Review Modification (1) 07-145 are 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 Conditional Use Permit Modification (2) 01-820 and Design Review Modification (1) 07-145. 8. 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. 9. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10-day appeal period of Conditional Use Permit Modification (2) 01-820 and Design Review Modification (1) 07-145. 10.The developer shall provide a courtesy notice of the start of construction to the occupants of abutting properties ten days prior to construction commencement and provide a copy of the notice to the Planning Division. 11. The applicant shall obtain a public works permit for all work in or adjacent to the public right-of-way. 12.Violation of the conditions of approval may result in citation and/or initiation of revocation proceedings. 13. Phase I expansion shall consist of not more than the construction a four story building for 52 guest rooms and a hotel lobby totaling 52,620 square feet. Phase 11 expansion shall consist of not more than the construction of a one-story 12,440 Planning Commission Resolution CUP MOD (2) 01-820 and DR MOD (1) 07-145 June 21, 2010 Page 13 of 13 square-foot ball room that will seat 500 guests and a four-story parking structure. (Condition was added by Planning Commission June 21, 2010) 14. Phase I expansion shall provided an improved surface parking lot providing a minimum of 204 spaces. Phase II expansion shall provide a minimum of 338 parking spaces in a combination of surface parking lot and a 4-story parking structure. (Condition was added by Planning Commission June 21, 2010) DOUBLE TREE HOTEL EXPANSION Mitigated Negative Declaration Addendum MITIGATION MONITORING AND REPORTING PROGRAM Prepared for. The City of Rosemead 8838 P. Valley Boulevard Rosemead, California 91770 (626) 569-2100 Prepared by Phil Martin & Associates, Inc. 18551 Von Karman Avenue, Suite 140 Irvine, California 92612 (949) 520-0503 June 1, 2010 1.0 MITIGATION MONITORING AND REPORTING PROGRAM 1.1 INTRODUCTION This is the Mitigation Monitoring and Reporting Program (MMRP) for the Double 'free Hotel Expansion Addendum project. It has been prepared pursuant to the requirements of Public Resources Code §21081.6 which, among other things, states that when a governmental agency adopts or certifies a CEQA document that contains the environmental review of a proposed project, "The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation." The City of Rosemead is the lead agency for the project, and is therefore, responsible for administering and implementing the MMRP. The decision-makers must define specific reporting and/or monitoring requirements to be enforced during project implementation prior to final approval of the proposed project. At its July 7, 2008 hearing, the Rosemead Planning Commission approved a Mitigation Monitoring and Reporting Program as required by Public Resources Code Section 21081.6 Code for the project. Mitigation Measure #12 of the adopted MMRP has been deleted to eliminate the requirement of the project developer to install a traffic signal at the north project entrance prior to the issuance of a budding permit for construction of Phase 1. The revised traffic analysis concludes the installation of a traffic signal at the north project entrance prior to the issuance of a building permit for Phase I construction is not required. As a result, the City, based on the revised traffic study, replaced Mitigation Measure #12 adopted July 7, 2008 with a new mitigation measure to reflect the current traffic conditions and a need of a traffic signal at the project entrance. This MMRP has a new Mitigation Measure #12 that replaces the previous measure. 1.2 PROJECT OVERVIEW The project includes the proposed expansion to the existing Double Tree Hotel in two phases to add 52 guest rooms, a hotel lobby, a 12,440 square foot ballroom for 500 guests and a 4-level parking structure for 267 cars. Phase I includes the construction of a four-story building for 52 guest rooms and a hotel lobby that total 52,620 square feet. Phase I also includes surface parking for 204 cars. Phase II includes the construction of a one-story 12,440 square foot ballroom that will seat 500 guests. A four-story parking structure totaling 86,527 square feet for 267 cars will also be constructed as part of Phase II. 1.3 MONITORING AND REPORTING PROCEDURES This MMRP includes the following information: (1) mitigation measures that will either eliminate or lessen the potential impact from the project; (2) the monitoring milestone or phase during which the measure should be complied with or carried out; (3) the enforcement agency responsible for monitoring mitigation measure compliance; and (4) the initials of the person verifying the mitigation measure was completed and the date of verification. Double Tree Hotel Expansion - Mitigated Negative Declaration Addendum Page 1 Mitigation Monitoring Reporting Program -June 1, 2010 The MMRP will be in place through all phases of a project including project design (preconstruction), project approval, project construction, and operation (both prior to and post- occupancy). The City will ensure that monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to rectify problems. Each mitigation measure is listed and categorized by impact area, with an accompanying discussion of • The phase of the project during which the measure should be monitored; ❑ Project review and prior to project approval ❑ During grading or building plan check review and prior to issuance of a grading or building permit ❑ On-going during construction ❑ Throughout the life of the project • The enforcement agency; and • The initials of the person verifhing completion of the mitigation measure and date. The MbIRP is provided as Table 1 (Mitigation and Monitoring Reporting Program). Table 1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Mitigation Measure Monitoring Enforcement Verification of Measure Milestone Agency Compliance No. Aesthetics 1. The Applicant shall install dense Prior to the City of landscaping, acceptable to the Planning issuance of a Rosemead around the perimeter of the Division Phase I Building , buildings, building setbacks, and occupancy Department Initial throughout the surface parking lot to permit reduce light and glare impacts to areas north, east, south, and west of the site. Date _ 2. Only non-speeular building materials Prior to the Cityy. of shall be used on exterior of structures to issuance of a Rosemead significantly reduce potential light budding permit Building reflection and glare to a less than for each phase Department Initial significant impact. Windows shall have an anti-glare coating. Date 3. A parking lot lighting plan shall be Prior to the City of prepared that limits, to the maximum issuance of a Rosemead extent possible, glare on to off site phase I Building locations. The parking lot plan shall building permit Department include mature trees such trees shall be , planted to limit glare and shall not be Initial less than the height of the proposed fight poles at maturity. All new trees shall be Date a minimum if 48-inch box trees. Double Tree Hotel Expansion - Mitigated Negative Declaration Addendum Page 2 Mitigation Monitoring Reporting Program - June 1, 2010 Mitigation Mitigation Measure Monitoring Enforcement Verification of Measure Milestone Agency Compliance No. 4. All windows shall be recessed a Prior to the City of minimum of four (4) inches to minimize issuance of a Rosemead glare. building permit Building Initial for each phase Department Date Geology and Soils 5. Prior to the issuance of a grading Prior to the City of permit, the project developer shall issuance of a Rosemead submit documentation to the City's Phase I grading Building satisfaction that the project will not be permit Department Initial subject to liquefaction Date Noise 6. Alll construction activities should be On-going City of limited to the hours between 7 AM to 8 throughout Rosemead PM Monday through Saturday. All project Building construction shall be prohibited on construction Department Initial Sundays and national holidays. Date 7. All building foundation and parking On-going City of structure excavation shall be restricted to throughout Rosemead the hours of 8 AM to 5 P6I Monday project Building through Friday. construction Department Initial Date 8. The developer shall require by contract Prior to the City of specifications that the following start of Phase I Rosemead constructing best management practices construction Building (B\IPs) be implemented by contractors Department Initial to reduce construction noise levels: ui ment is • Ensure that construction e p q properly muffled according to industry Date standards. All power construction equipment shall utilize noise shielding and muffling devices. • Locate the construction staging area and noise-generating equipment away from the existing hotel, where feasible. • Schedule high noise-producing activities between the hours of 8 Ab1 and 6 PM to minimize disruption to sensitive uses such as hotel guests. 9. Construction activities shall be scheduled On-going City of so as to avoid operating several pieces of throughout Rosemead equipment simultaneously which project Building , generates high noise levels. construction Department Initial Double Tree Hotel Expansion - Mitigated Negative Declaration Addendum Page 3 Dlitigation Monitoring Reporting Program -June 1, 2010 Mitigation Mitigation Measure Monitoring Enforcement Verification of Measure Milestone Agency Compliance No. Date Trans ortation/Traffic 10. The project applicant shall pay a fair Prior to the City of share of the cost to install a traffic signal issuance of an Rosemead at San Gabriel Boulevard at Plaza Drive occupancy Building Initial prior to the issuance of an occupancy permit for the Department permit for the ball room. The fair share ballroom. Date contribution shall not exceed 1.4% of the cost of the traffic signal. It The project applicant shall pay the cost prior to the City of to construct the following intersection issuance of an Rosemead improvements prior to the issuance of occupancy Building an occupancy permit for the hotel: permit for the Department Initial ht turn lane • Stri an eastbound free ri hotel g p at the intersection of San Gabriel Date Boulevard at Plaza Drive. 12. The project applicant shall pay a total of Prior to the City of $5,712.00 into the City's traffic mitigation issuance of a Rosemead fund to cover the applicant's fair share Phase I Building (1.4%) of the project cost to install a building permit Department Initial traffic signal system at the northern project entrance. This total fee also Date includes an allowance of 20% of the project cost for design and construction management. - Utilities/Service Systems 13. Prior to the issuance of a grading permit, Prior to the City of the project developer shall provide a plan issuance of a Rosemead Public acceptable to the City that retains all Phase I grading Works increased volume of surface water to permit Department Initial ensure the project does not discharge any greater quantity of surface water compared Date to the current condition. A plan to retain all increased surface water quantity on-site shall be approved by the City prior to the , issuance of building permits. The plan shall include an on-site retention basin and adequate metering or other method acceptable to the City so the project does not discharge any greater quantity of surface water from the site than current conditions. Double Tree Hotel Expansion - Mitigated Negative Declaration Addendum Page 4 iNlitigation Nlonitoring Iteporting Program -June 1, 2010