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CC - Item 4A - Design Review 13-02 and Tentative Tract Map 72347 8479 Garvey BoulevardROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JULY 8, 2014 SUBJECT: DESIGN REVIEW 13-02 AND TENTATIVE TRACT MAP 72347 8479 GARVEY BOULEVARD Summary Ken Kyi has submitted entitlement applications requesting to develop a new residential /commercial mixed use development comprised of two (2) buildings totaling 36,100 square feet. Building A consists of eight (8) attached residential units (totaling 4,120 square feet) above 10,460 square feet of retail and office space. Building B consists of a leasing office and twenty (20) attached residential units (totaling 15,755 square feet). The project site consists of one (1) parcel totaling 30,397 square feet. The property is located at the northwest corner of Willard Avenue and Garvey Avenue in the C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay) zone. This item was presented to the Planning Commission for consideration on May 19, 2014. At the conclusion of the hearing, the Planning Commission modified condition of approval numbers 27, 28, 36, and 95, and adopted Planning Commission Resolution No. 14 -09, recommending that the City Council ADOPT Resolution 2014 -18 (Attachment "A "). The Conditions of Approval, Planning Commission Staff Report, and PC Resolution No. 14 -09 are attached as Attachments "B ", "C', and "D ", respectively. After the Planning Commission hearing, the applicant informed staff that it may be challenging to comply with Condition of Approval number 34 (Mitigation Measure AES- 2). Condition of Approval number 34 states: Exterior windows and glass used on building surfaces shall be non - reflective or treated with a non - reflective coating. For this reason, staff spoke to light consultants, glass consultants, and other cities, where it was discovered that requiring non - reflective glass may be unachievable. Therefore, staff is requesting that the condition of approval be revised to state: Exterior glass to be used for the project shall be subject to review and approval by the Director of Community Development. No exterior glass shall be approved if it creates significant light and glare spillage to adjacent properties or highways. In addition, staff has added the Fire Department Conditions of Approval to the Conditions of Approval for the project. ITEMNUMBER: `�' k City Council Meeting July 8, 2014 Page 2 of 28 Environmental Analysis The City of Rosemead acting as a Lead Agency, has completed an Initial Study /Draft Mitigated Negative Declaration for the proposed mixed use project pursuant to Section 15070 (b) of the California Environmental Quality Act (CEQA). The Initial Study has been undertaken to determine if the proposed project may have a significant effect on the environment. The Initial Study was prepared and completed in accordance with the California Environmental Quality Act (CEQA) Guidelines. On the basis of the Initial Study, the City of Rosemead has concluded that the project could have a significant impact on the environment and has therefore, prepared a Draft Mitigated Negative Declaration (MND). The MND reflects the independent judgment of the City as a lead agency per CEQA Guidelines. The project site is not on a list compiled pursuant to Government Code section 65962.5. The proposed project is not considered a project of statewide, regional or area -wide significance and would not affect highways or other facilities under the jurisdiction of the State of California Department of Transportation. A Notice of Intent to Adopt a Mitigated Negative Declaration was distributed for a 20-day public review and comment period from April 28, 2014 to May 17, 2014. If the City Council is inclined to approve this project, the City Council must make findings of adequacy with the environmental assessment and approve the Mitigated Negative Declaration. Staff Recommendation It is recommended that the following actions are taken: 1. The City Council conduct the noticed public hearing and receive public testimony; 2. The City Council ADOPT Resolution No. 2014 -18; and file the Notice of Determination for the project. Property History and Description According to Los Angeles County records, the property is currently developed with a commercial building, totaling approximately 916 square feet. View from South ITEM NUMBER: City Council Meeting July 8, 2014 Pace 3 of 28 Project Analvsis Existing Environmental Setting As stated above, the site is developed with a vacant single -story commercial building totaling 916 square feet. The site has periodically been used for storage of vehicles by the property owner and is currently used for such storage. Project Description The Applicant is proposing to demolish the existing building onsite to construct a commercial and residential mixed -use development comprised of two (2) buildings, surface and subterranean parking, a central courtyard, and landscaped areas. Building A, to be constructed on the southern portion of the project site on the Garvey Avenue frontage, will be a four -story building, totaling 19,430- square -foot. The building will include four (4) retail units on the first floor, eight (8) office units on the second floor, and eight (8) two -story residential condos on the third and fourth floors. A total of 5,630 square feet of retail commercial space and 4,830 square feet of office space plus 915 square feet of leasing /office space would be provided. Building B will be a 16,670 - square -foot, three -story building consisting of twenty (20) residential units. Building B will be constructed on the northern portion of the project site. Each floor will include one and two- bedroom condominiums and have access to either one or two subterranean parking spaces, respectively. In addition, four at -grade parking spaces will be available for short-term use. Residents will have access to the central courtyard and each unit will include a private balcony. A leasing office will be included on the first floor of Building B. The project requests, and City Staff recommends, a density bonus under Senate Bill (SB) 1818, which amended the state law to allow density bonuses up to 35 percent. In accordance with SB 1818, the Applicant would be required to provide affordable residential units in order to qualify for this density bonus. Under the existing zoning, the project site can accommodate a maximum residential density of 21 units. Therefore, the construction of 28 units would exceed the permitted residential density by approximately 25 percent. The Applicant has chosen to provide nine (9) moderate - income units (40 percent of the number of residential units permitted under current zoning regulations) which satisfies the State law requirements. The Applicant is also requesting three (3) concessions under SB 1818 to allow the development as proposed. The first concession will allow four (4) stories at forty-nine (49) feet on Building A, rather than the three (3) stories at forty-five (45) feet regularly allowed in the C -3 MUDO -D zone. The second concession will allow the building residential /commercial ratio to consist of 68.5 percent residential and 31.5 percent commercial, rather than the sixty- seven (67) residential and 33 commercial split under the zoning. The third concession would allow a deviation from the variable height requirement otherwise required by the Rosemead Municipal Code. Parking is proposed as a combination of surface and one level of subterranean basement parking. A total of seventy-eight (78) parking spaces would be provided, ITEMNUMBER: City Coundl Meetlng July 8, 2014 Peas 4 of 28 which includes forty -four (44) spaces for commercial and office parking and thirty -four (34) spaces for residential parking. Access to the subterranean parking would be provided from two driveways along Willard Avenue between Building A and Building B and at the rear of Building B. As the project site is relatively Flat, no grading is proposed, however, 20,000 cubic yards of excavation will be required to construct the subterranean parking. In addition, twelve (12) surface parking spaces including two (2) handicapped spaces will be located behind Building A and provided for the commercial uses. Furthermore, the proposed project would also include twenty (20) bicycle parking spaces. The proposed project would provide a combination of common and private open space in the form of private balconies for the condominiums and a central garden on the mezzanine within Building B. A total of 4,450 square feet of common open space and 3,780 square feet of private open space would be provided. Site & Surrounding Land Uses The project site Is designated in the General Plan as Mixed Use: Residential /Commercial (30 du /ac) and on the Zoning Map it is designated C -3 MUDO- D (Medium Commercial with a Mixed Use and Design Overlay) zone. The site is surrounded by the following land uses: North General Plan: Medium Density Residential Zoning: R -2 (Light Multiple Residential) Land Use: Residential South General Plan: Mixed Use: Residential/Commercial (30 du/ac) Zoning: C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay) Land Use: Commercial East General Plan: Commercial Zoning: C -3 (Medium Commercial) Land Use - Commercial West General Plan: Mixed Use: Residential/Commercial (30 du/ac) Zoning: C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay) Land Use: Commercial Development Standards The developer has incorporated the Residential /Commercial Mixed -Use Development Overlay Zone standards for the proposed mixed -use project (Zoning Code prior to November, 2013). The Residential /Commercial Mixed -Use Development Overlay Zone allows the Planning Commission and the City Council to grant approval of a well - designed development project that combine residential with nonresidential uses. ITEM NUMBER: City Council Meeting July 8, 2014 Proposed Floor Plans Commercial The Floor plans submitted with this application show twelve (12) tenant suites (four retail ITEM NUMBER: Required - -- - Proposed Lot Size 30,000 s f. 30,397 s.f. Floor Area Ratio 1.6:1 (max allowed) 1.19:1 (FAIR) with T -0" wide sidewalk (Gear zone) and 5' -0" 12' -0' with 7' -0" wide sidewalk (clear zone) and 5' -0" witle Public Sidewalk wide parkway (amenity zone) arkwa amen' zone Building A: Zero (0) feet Front Setback Zero Building B: Zero 0 feet Interior Lot Line May be zero (0) but shall be a minimum of ten (10) feet Building A: Zero (0) feet Setback H more than zero (0). Building B: Zero (0) feet Building A: Zero (0) feet Side Street None Setback Building B: Zero 0 feet Rear Abutting Residential 10' -0" 60'-6" Setback Building A: Four - stories and forty-nine (49) feet Height Three - stories with a maximum height of forty-five (45) Building B: Three - stories and feet thirty -nine (39) feet *Requesfing concession The second floor and above shall be stepped back from Requesting concession to Variable Height the rear property line as follows: establishing a height at encroach into variable height g six (6) feet above finished grade of the adjacent requirement residential propeq line, a 20-degree angle Two (2) parking spaces per dwelling plus one (1) guest 34 parking spaces Parking parking space per two (2) dwelling units (Residential) (70 parking spaces) 'Density bonus allows deviation of required Darkina s aces. Parking Retail and Office : One (1) parking space per two hundred fifty (250) square feat of floor space 44 parking spaces (Commercial) (44 parking spaces) Bicycle Parking Ten (10) percent ( %) of required off- street parking. 20 bicycle parking spaces (8 bicycle parking spaces) Common Open Space: 150 s.f. /dwelling unit (4,200 s.f.) Common Open Space : 4,450 s.f. Open Space Private O n S ace: 60 sAldwellin unit (1,680 s.f. ) Private Open Spam: 3,780 a.f. Building 68.5% Residential and 31.5%a Commercial/ 67% Residential and 33% Commercial Commercial Residential Ratio - Requesting concession Proposed Floor Plans Commercial The Floor plans submitted with this application show twelve (12) tenant suites (four retail ITEM NUMBER: City Council Meeting July 8, 2014 Pane 6 of 28 units and eight office units) in Building A, totaling approximately 10,460 square feet that will be utilized for retail and office uses. The project is designed with sufficient on -site parking to accommodate the commercial use, as shown in the table on page five and on the development plan. Residential A total of twenty-eight (28) condominium units are proposed within this development. Eight (8) units will be located on the third floor of Building A and twenty (20) units will be located entirely within Building B. The unit floor plans submitted show a variety of unit types, from one - bedroom units to two-bedroom units, ranging in size from 700 square feet to 1,000 square feet of living area. Each unit contains a living room, dining room, kitchen, bedroom(s), bathroom(s), closet, storage, washer and dryer, and private open space. The two- bedroom units contain a living room, dining room, kitchen, bathrooms, Proposed Landscaping and Fencing: A conceptual landscape plan has been attached as "Attachment H." New landscaping is proposed throughout the site. Landscaping is shown in the form of perimeter planting areas and landscaped islands within the surface parking lot areas. Additionally, the central courtyard provides added landscaping. The Applicant will be required to submit a detailed landscape and irrigation plan to the Planning Division for review and approval prior to issuance of any Building Permits. The Applicant is proposing to construct new decorative perimeter block walls along the north, east, and west property lines. Parking and Circulation Access to the site would be provided from two (2) driveways along Willard Avenue between Building A and Building B and at the rear of Building B.Parking. The Applicant is proposing surface and one level subterranean basement parking. A total of seventy- eight (78) parking spaces would be provided, which includes forty-four (44) spaces for commercial and office parking and thirty -four (34) spaces for residential parking. Through the request of density bonus under Senate Bill (SB) 1818, the applicant is requesting a reduction in parking. The maximum standards for residential parking are: • One (1) onsite parking space for up to one (1) bedroom. • Two (2) onsite parking spaces for up to three (3) bedrooms. • No requirement for guest parking. In addition, the proposed project would also include twenty (20) bicycle parking spaces. Traffic A traffic impact study prepared by KOA Corporation, dated December 24, 2013, was completed for the project. The Study analyzes trip generation and level of service impacts upon four (4) nearby intersections. The intersections studied are as follows: San Gabriel Boulevard /Garvey Avenue, Willard Avenue /Garvey Avenue, Walnut Grove Avenue /Garvey Avenue, and I -10 Eastbound on -off ramps and Hellman Avenue. ITEM NUMBER: City Council Meeting July 8, 2014 Page 7 of 28 Significant traffic impacts of the proposed Project were analyzed within the a.m. and p.m. peak periods. Based on the traffic study, the proposed project would not create any significant traffic impacts at the study intersections during either the weekday a.m. or p.m. peak hours under existing plus approved project conditions or cumulative plus projects conditions. The City's Traffic Consultant has reviewed the traffic study and finds it acceptable, and the study has been relied on in the Mitigated Negative Declaration. For these reasons, project mitigation measures are not required. Proposed Architecture: The Applicant has worked with the Planning Division in designing an aesthetically interesting project that meets the City's design goals for the MUDO -D overlay. The front fagade has been designed to create visual interest at the street level. The main entrance of the building is highlighted through the use of a distinct corner element at the northwest corner of Building A. The streamline metal awnings provides the additional ambient shading and appeals to the aesthetic nature of the commercial storefront. In addition, various elements have been added to provide architectural interest to the design, such as the use of contrasting exterior finishes, glass railings, tile at the base and reveal lines on all elevations. The subtle details of common open spaces and pedestrian - scaled architectural elements in both buildings echo the modern design aspect for this mixed -use development. Lightin New exterior lighting is proposed for the property. New wall mounted fixtures will be placed along the front, side, and rear of the building. New light standards will be installed in the parking lot area. All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. The Mitigated Negative Declaration includes a lighting mitigation measure, which states: Prior to the issuance of building permits, the Applicant shall submit a lighting plan for approval by the Planning Division. The lighting plan shall include a schematic depicting the location of lighting sources, as well as type of lighting proposed. The lighting plan shall address the following criteria: • Parking and security lights shall not be obtrusive to neighboring residential properties. • Lighting shall be fully shielded to minimize glare and painted to match the surface it is attached to. • Light fixtures shall be architecturally compatible with the structure's design. • Structure entrances should be well lit. • Lighting and trees should not conflict with one another. • The design of exterior parking lot lighting fixtures shall be compatible with the architecture used in the development and not be on poles over 25 feet high. REMNUMBER: City Council Meeting July 8, 2014 Pace 8 of 28 Soils Report The California Department of Conservation, California Geological Survey has identified the project site as one subject to potential liquefaction. Liquefaction is the sudden failure and fracturing of saturated ground resulting from an earthquake, which can cause structural failure of buildings, roadways, bridges, etc. Structures presently on the site, as well as any future structures, are subject to the consequences liquefaction. For this reason, a revised soils report was prepared for this project by MTC Engineering, Inc. The City's independent geotechnical and engineering geology consultants have reviewed the revised report and have deemed it acceptable as presented on November 7, 2013. The revised report is relied on by the Mitigated Negative Declaration and mitigation measures have been required to address its concerns. Municipal Code Requirements Section 17.72.030 of the Rosemead Municipal Code (RMC) states that design review procedures shall be followed for all improvements requiring a building permit or visible changes in form, texture, color, exterior facade, or landscaping. Section 17.72.050 provides the criteria by which the Planning Commission may approve, approve with conditions, or disapprove a design review application: A. The plans indicate proper consideration for the relationship between the proposed building and site developments that exist or have been approved for the general neighborhood; The proposed development is located within an established commercial district of the City. The Applicant has provided a design of high aesthetic quality, which in Staffs determination will improve the aesthetics of one of the City's prominent intersections and the project site's relationship to the commercial district. The proposed project is consistent with the Goal 3, Policy 3.1 of the Land Use Element of the City's General Plan in that the goal and policy call for encouraging mixed -use development as a means of upgrading established uses and developing vacant parcels along arterials to provide new commercial, residential, and employment opportunities. In addition, Goal 3, Policy 3.5 of the Land Use Element of the City's General Plan calls for promoting lively and attractive ground -floor retail uses that will create public revenues needed to provide for City services and the City's tax base. B. The plan for the proposed building 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; To ensure that the surrounding properties are protected against noise, vibrations, and other factors, the Mitigation Monitoring and Reporting Program (MMRP) ITEM NUMBER: City Council Meeting July 8, 2014 Page 9 of 28 specifically addresses noise and lighting mitigation measures. All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Conditions of approval have been incorporated to eliminate adverse effects on the environment as a result of the proposed project. This development will not generate any permanent impacts to noise levels for the surrounding area. All construction work will be required to comply with the timeframe, and decibel levels indicated in the City's Noise Ordinance. Conditions of approval will specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting, and the overall maintenance of the property. C. The proposed building 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 project will improve the physical appearance of the prominent comer by eliminating an unused and boarded -up building and replacing a mixed use development that is of high architectural quality. The improvements to the site in terms of new construction, landscaping, and pavement treatments in the parking lot will provide a marked improvement over the existing appearance of the intersection of Garvey Avenue and Willard Avenue. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in 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 property is not part of the Civic Center Plan, precise plan or land reserved for public or educational use, so there is no special need to create harmony with the general area. Notwithstanding this, the approved design will create a development that is an aesthetic upgrade over the surrounding area and that has the potential to enhance land values in the general area. This is due to the proposed new building fagade with higher quality materials, a design that blends better with the area, and greatly improved landscaping and parking lot area. E. The proposed development is in conformity with the standards of this code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved; and This proposed development meets all of the minimum code requirements for the C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay) zone, ITEM NUMBER: City Council Meeting July 8, 2014 Pace 10 of 28 and all applicable referenced code sections of the Rosemead Municipal Code, as modified by the request for concessions under SB 1818. 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. The Applicant has worked with the Planning Division in designing an aesthetically high - quality project. The front facade has been designed to create visual interest at the street level. The main entrance of the building is highlighted through the use of a distinct comer element at the northwest comer of Building A. The streamline metal awnings provides the additional ambient shading and appeals to the aesthetic nature of the commercial storefront. The subtle details of common open spaces and pedestrian - scaled architectural elements in both buildings echo the modern design aspect for this mixed -use development. Access to the subterranean parking would be provided from two driveways along Willard Avenue between Building A and Building B and at the rear of Building B. Parking is proposed as a combination of surface and one level of subterranean basement parking. PUBLIC NOTICE PROCESS This item has been noticed through the required public posting requirements of the regular agenda notification process for Design Reviews and Tentative Tract Maps, pursuant to California Government Code Section 65091, which includes mailing a public hearing notice to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property subject to DR 13 -02 and TTM 72347, publication in the San Gabriel Valley Tribune, posting of the notice at five (5) public locations in the City, and on the subject site. PWa: Subm ittedbyLL Michelle Ramirez Associate Planner Community Development (rector ATTACHMENTS A. Resolution 2014-00 B. Conditions of Approval C. Planning Commission Staff Report, dated May 19, 2014 D. Planning Commission Resolution 1409 E. Letter of Request for Density Bonus F. Assessoes Parcel Map (5288 -004045) G. Mitigated Negative Declaration/Mitigation Monitoring Program H. Architectural Plans ITEMNUMBER: City Council Meeting July 8, 2014 Paae 11 of 28 ATTACHMENT "A" RESOLUTION 2014 -18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 13 -02 AND TENTATIVE TRACT MAP 72347 FOR THE CONSTRUCTION OF A NEW RESIDENTIAUCOMMERCIAL MIXED USE DEVELOPMENT COMPROSED OF TWO (2) BUILDINGS TOTALING 36,100 SQUARE FEET. THE SUBJECT SITE IS LOCATED AT 8479 GARVEY AVENUE IN THE C-3 MUDO -D (MEDIUM COMMERCIAL WITH A MIXED USE AND DESIGN OVERLAY) ZONE (APN: 5288-004 -045). WHEREAS, on July 16, 2013, Ken Kyi submitted a Design Review and a Tentative Tract Map application for the construction of a new residential /commercial mixed use development comprised of two (2) buildings totaling 36,100 square feet. The project is located at 8479 Garvey Avenue; and WHEREAS, 8479 Garvey Avenue is located in the C -3 MUDO -D (Medium Commercial with Mixed Use and Design Overlay) zone; and WHEREAS, Section 17.72.020 & 17.72.050 of the Rosemead Municipal Code (RMC) provides the purpose and criteria for a design review, and WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.72.050 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or disapprove design review applications; and WHEREAS, on April 24, 2014, an Initial Environmental Study for the proposed Design Review 13 -02 and Tentative Trap Map 72347 was completed finding that the proposed project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared, in accordance with the guidelines of the California Environmental Quality Act, and local environmental guidelines; and WHEREAS, on May 19, 2014, the Planning Commission recommended approval of Design Review 13 -02 and Tentative Tract Map 72347 to the City Council; and WHEREAS, on June 26, 2014, thirty -nine (39) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in five (5) public locations, onsite, and published in the Rosemead Reader, specifying the availability of the application, plus the date, time, and location of the public hearing for Design Review 13 -02 and Tentative Tract Map 72347, pursuant to California Government Code Section 65091(a)(3), and City Council MmUng July 8, 2014 Page 12 of 28 WHEREAS, on June 10, 2014, the City Council held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 13 -02 and Tentative Tract Map 72347; and WHEREAS, the City Council fully studied the proposed Design Review 13 -02 and Tentative Tract Map 72347, Mitigated Negative Declaration, environmental findings, and considered all public comments; and WHEREAS, City Council, having final approval authority over this project, has reviewed and considered all comments received during the public review period prior to the approval of this project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY FINDS, DECLARES, AND RECOMMENDS AS FOLLOWS: SECTION 1. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 13 -02 and Tentative Tract Map 72347 in accordance with Section 17.72.030 et seq., of the Rosemead Municipal Code as follows: A. The plans indicate proper consideration for the relationship between the proposed building and site developments that exist or have been approved for the general neighborhood; FINDING: The proposed development is located within an established commercial district of the City. The Applicant has provided a design of high aesthetic quality, which in Staffs determination will improve the aesthetics of one of the City's prominent intersections and the project site's relationship to the commercial district. The proposed project is consistent with the Goal 3, Policy 3.1 of the Land Use Element of the City's General Plan in that the goal and policy call for encouraging mixed -use development as a means of upgrading established uses and developing vacant parcels along arterials to provide new commercial, residential, and employment opportunities. In addition, Goal 3, Policy 3.5 of the Land Use Element of the City's General Plan calls for promoting lively and attractive ground -floor retail uses that will create public revenues needed to provide for City services and the City's tax base. B. The plan for the proposed building 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; FINDING: To ensure that the surrounding properties are protected against noise, vibrations, and other factors, the Mitigation Monitoring and Reporting Program (MMRP) specifically addresses noise and lighting mitigation measures. All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. City Council Meeting July 8, 2014 Page 13 of 28 Conditions of approval have been incorporated to eliminate adverse effects on the environment as a result of the proposed project. This development will not generate any permanent impacts to noise levels for the surrounding area. All construction work will be required to comply with the timeframe, and decibel levels indicated in the City's Noise Ordinance. Conditions of approval will specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting, and the overall maintenance of the property. C. The proposed building 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: The proposed project will improve the physical appearance of the prominent comer by eliminating an unused and boarded -up building and replacing a mixed use development that is of high architectural quality. The improvements to the site in terms of new construction, landscaping, and pavement treatments in the parking lot will provide a marked improvement over the existing appearance of the intersection of Garvey Avenue and Willard Avenue. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in those instances where buildings are within or adjacent to land shown on the General Plan as being part of the Civic Center or in public or educational use, or are within or immediately adjacent to land included within any precise plan which indicates building shape, size, or style; FINDING: The property is not part of the Civic Center Plan, precise plan or land reserved for public or educational use, so there is no special need to create harmony with the general area. Notwithstanding this, the approved design will create a development that is an aesthetic upgrade over the surrounding area and that has the potential to enhance land values in the general area. This is due to the proposed new building fagade with higher quality materials, a design that blends better with the area, and greatly improved landscaping and parking lot area. E. The proposed development is in conformity with the standards of this code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved; and FINDING: This proposed development meets all of the minimum code requirements for the C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay) zone, and all applicable referenced code sections of the Rosemead Municipal Code, as modified by the request for concessions under SB 1818. 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 City Council Meeting July 8, 2014 Pane 14 of 28 and pedestrian circulation, and the visual effect of the development from the view of public streets. FINDING: The Applicant has worked with the Planning Division in designing an aesthetically high - quality project. The front fagade has been designed to create visual interest at the street level. The main entrance of the building is highlighted through the use of a distinct corner element at the northwest corner of Building A. The streamline metal awnings provides the additional ambient shading and appeals to the aesthetic nature of the commercial storefront. The subtle details of common open spaces and pedestrian - scaled architectural elements in both buildings echo the modern design aspect for this mixed -use development. Access to the subterranean parking would be provided from two driveways along Willard Avenue between Building A and Building B and at the rear of Building B. Parking is proposed as a combination of surface and one level of subterranean basement parking. SECTION 2 . The Planning Commission HEREBY RECOMMENDS CITY COUNCIL APPROVAL of Design Review 13 -02 and Tentative Tract Map 72347 for the construction of a new residential/commercial mixed use development comprised of two (2) buildings totaling 36,100 square feet. SECTION 3. The Mayor shall sign this resolution and the City Clerk shall attest to the adoption thereof. PASSED, AND ADOPTED, by the City Council of the City of Rosemead, County of Los Angeles of the State of California on July 8, 2014. William Alarcon, Mayor ATTEST: Gloria Molleda, City Clerk Rachel H. Richman, City Attorney Burke, Williams, & Sorensen, LLP City Council Meeting July 8, 2014 Page 15 of 28 ATTACHMENT "B" DESIGN REVIEW 13 -02 AND TENTATIVE TRACT MAP 72347 CONDITIONS OF APPROVAL July 8, 2014 1. Design Review 13 -02 and Tentative Tract Map 72347 are approved for the construction of a new residential /commercial mixed use development comprised of two (2) buildings totaling 36,100 square feet, in accordance with the plans marked Attachment "H ", dated April 24, 2014. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. Approval of Design Review 13 -02 and Tentative Tract Map 72347 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 City Council approval date. 3. The onsite public hearing notice posting shall be removed by the end of the 10- day appeal period of Design Review 13 -02 and Tentative Tract Map 72347. 4. Design Review 13 -02 and Tentative Tract Map 72347 is approved for a period of one (1) year. The Applicant shall commence the proposed use or request an extension within 30- calendar days prior to expiration. The one (1) year initial approval period shall be effective from the City Council 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 Design Review 13 -02 and Tentative Tract Map 72347 has been unused, abandoned, or discontinued for a period of one (1) year it shall become null and void. 5. The City Council hereby authorizes the Planning Division to make and /or approve minor modifications. 6. The following conditions must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. Design Review 13 -02 and Tentative Tract Map 72347 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 modification of existing or imposition of new conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, ITEM NUMBER: City COUnaI Meeting July 8, 2014 Page 16 of 28 the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Design Review 13 -02 and Tentative Tract Map 72347. 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 Applicant shall comply with all Federal, State, and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 10. Building permits will not be issued in connection with any project until such time as all plan check fees, and all other applicable fees, are paid in full. 11. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s), including but not limited to all improvements required to file a final tract map and the filing and recordation of that final map. 12. The numbers of the address signs shall be at least 6" tall with a minimum character width of 3/4 ", contrasting in color and easily visible at driver's level from the street. Materials, colors, location, and size of such address numbers shall be approved by the Planning Division, prior to installation. 13. All requirements of the Planning Division, Building Division, and Public Works Department shall be complied with prior to the final approval of the proposed construction. 14. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m. Monday to Saturday. No construction shall take place on Sundays or on any federal holidays without prior approval by the City. 15. The Planning, Building, and Public Works staff shall have access to the subject property at any time during construction to monitor progress. 16. The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within twenty-four (24) hours. A 24 -hour, Graffiti Hotline can be called at REM NUMBER: City Counal Meeting July 8, 2014 Page 17 of 28 (626) 569 -2345 for assistance 17. The site shall be maintained in a clean, weed, and litter free state in accordance with the Rosemead Municipal Code. All trash containers shall be stored in the appropriate trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 18. A detailed elevation drawing shall be submitted to the Planning Division for review and approval all trash enclosures prior to submittal of construction drawings. All trash enclosures shall be of an integral part of the building design, and incorporate complementary colors and materials. All trash enclosures shall have a solid roof cover and doors shall be opaque, self - closing and self- latching. 19. All commercial loading activities and trash pickup for the mixed use project shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m. daily. 20. All off - street parking shall comply with the relevant section of the Rosemead Municipal Code applicable as of the date these Conditions of Approval are adopted. The parking area, including loading and handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Division. In accordance with the currently applicable section of the Rosemead Municipal Code, all designated parking stalls shall be double striped. Such striping shall be maintained in a clear, visible, and orderly manner. 21. The Applicant shall keep the electrical and mechanical equipment and /or emergency exits free of any debris, storage, furniture, etc., and maintain a minimum clearance of five (5) feet. 22. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Division. There shall be no mechanical equipment located on the sides of the building. Such equipment shall not exceed the height of the parapet wall. All ground level mechanical /utility equipment (including meters, back flow preservation devices, fire valves, A/C condensers, furnaces, utility cabinets and other equipment) shall be located away from public view or adequately screened by landscaping or screening walls so as not to be seen from the public right of way or other public space within the development. The Planning Division shall approve said screening prior to installation. 23. Prior to issuance of grading permits, the developer /Applicant shall comply with the City's storm water ordinance and storm water mitigation plan requirements with respect to the proposed project. 24. Prior to issuance of any building permit related to this project, the developer /Applicant shall prepare Covenant Conditions and Restrictions ITEMNUMBER: City Council Mwbng July 8, 2014 Pme 18 of 28 (CC &R's) or other similar recorded instrument indicating how and who will maintain proposed common areas. The CC &R's shall be prepared by the developer /Applicant and approved by the City Attorney and shall include the following statements: "This statement is intended to notify all prospective property owners of certain limitations on construction to residential dwellings contained in this planned development project. Any necessary modifications or additions must be reviewed on a case -by -case basis and approved or denied by the Community Development Director or his/her designee at his /her discretion ". The CC &R's will cover all aspects of property maintenance of the common areas, including but not limited to driveways, fencing, landscaping, lighting, parking stalls, open space and recreational areas. 25. The Applicant shall include provisions in the CC &R's to provide maintenance of the basement parking structure, all building improvements, on -grade parking and landscaping, maintenance of the rear service driveway, and maintenance of the shared driveway area along the eastern property line, in a manner satisfactory to the Planning Division, and in a form acceptable to the City Attorney. 26. The subdivider shall include provisions in the CC &R's to require regular trash pickup service at least once a week for the residential condominium trash bins, and twice a week for the commercial tenant space trash bins. 27. Prior to issuance of building permits, Deed Restrictions or an Affordable Housing Agreement in a form approved by the City Attorney must be recorded against the nine (9) affordable condominium units that meet all of the requirements for affordability for moderate income families and meet all other criteria outlined in Government Code Section 65915. In addition, in an effort to respond to the needs of City residents before nonresidents and to provide affordable housing, the Applicant shall give existing qualified City of Rosemead residents priority in obtaining an affordable unit (Modred by the Planning Commission on May 19, 2014). 26. Prior to recordation of the final map, the subdivider shall submit a comprehensive Parking Management Plan for review and approval by the Planning Division or designee. The Parking Management Plan shall be incorporated into the CC & R's and shall be enforced by the property owners association. Said Parking Management Plan shall include, but not be limited to, the following provisions: . Assigned parking for each residence. . Designated parking for customers and employees. • Parking permit procedures for overnight guest parking. One - bedroom condominium homeowners shall be limited to one (1) vehicle on the premise. Two - bedroom condominium homeowners shall be limited to two (2) vehicles on the premise. The parking monitor /security guard shall be responsible ITEM NUMBER: City Council Meeting July 8, 2014 Page 19 of 28 for issuing overnight guest parking permits when there are excess parking spaces available. Employee parking shall be restricted to the subterranean parking structure (Modified by the Planning Commission on May 19, 2014). 29. All open areas not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. Maintenance procedures of such landscaped and common areas shall be specifically indicted in the CC &R's prior to issuance of any building permit. 30. Prior to the issuance of any sign permit, the Applicant shall submit a Master Sign Program to the Planning Division for review and approval. The sign program shall address sign materials, colors, height, width and location. It shall also address the use of temporary signage such as banners as well as appropriate window signage. 31. A final landscape and irrigation plan shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. The new planting materials shall include a combination of colorful and drought tolerant trees, large potted plants, shrubs, and low growing flowers. The landscape and irrigation plan shall include a sprinkler system with automatic timers and moisture sensors. 32. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. Mitigation Measure Conditions Aesthetics 33. Prior to the issuance of building permits, the Applicant shall submit a lighting plan for approval by the Planning Division. The lighting plan shall include a schematic depicting the location of lighting sources, as well as type of lighting proposed. The lighting plan shall address the following criteria: • Parking and security lights shall not be obtrusive to neighboring residential properties. • Lighting shall be fully shielded to minimize glare and painted to match the surface it is attached to. • Light fixtures shall be architecturally compatible with the structure's design. • Structure entrances should be well lit. • Lighting and trees should not conflict with one another. • The design of exterior parking lot lighting fixtures shall be compatible with the architecture used in the development and not be on poles over 25 feet high. 34. Exterior glass to be used for the project shall be subject to review and approval ITEM NUMBER: City Council Meeting July 8, 2014 Pace 20 of 28 by the Director of Community Development. No exterior glass shall be approved if it creates significant light and glare spillage to adjacent properties or highways (Modified by the City Council on July 8, 2014). Cultural Resources 35. All grading activities and surface modifications must be confined to only those areas of absolute necessity to reduce any form of impact on unrecorded (buried) cultural resources that may exist within the confines of the project site. In the event that previously undetected archaeological, paleontological, and /or historical resources are found during construction, activity in the immediate area of the find shall stop and a qualified archaeologist or paleontologist, as applicable, shall be contacted to evaluate the resource(s). If the find is determined to be a historical or unique archaeological resource, as defined by CEQA, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate mitigation shall be provided. Construction work may continue on other parts of the construction site while historical /archaeological /paleontological mitigation takes place, pursuant to State CEQA Guidelines section 15064.5(f). 36. If human remains are encountered during excavation and grading activities within the project site, the contractor shall stop such activities. In the event of accidental discovery or recognition of any human remains the following steps should be taken: There shall be no further excavation or disturbance of the project site or any nearby areas reasonably suspected to overlie adjacent human remains until: • The coroner of the County in which the remains are discovered must be Contacted to determine that no investigation of the cause of death is required; and, • If the coroner determines that remains to be Native American: - The coroner shall contact the Native American Heritage Commission within 24 -hours - The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code section 5097.98, or Where the following conditions occur, the landowner or his authorized representatives shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. • The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. • The descendant identified fails to make a recommendation; or, ITEM NUMBER: City Council Meeting July 8, 2014 Page 21 of 28 The landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. (Modred by the Planning Commission on May 19, 2014). Geology and Soils 37. The project shall be designed and constructed in accordance with the requirements of Chapter 16 (Structural Design) of the 2010 California Code of Regulations, Title 24, Part 2, Volume 2 (based on the International Building Code, Chapter 16, Section 1613 — Earthquake Loads), the Rosemead Municipal Code, and accepted engineering practices. 38. The project Applicant shall prepare and implement a Standard Urban Storm Water Mitigation Plan (SUSMP) in accordance with the requirements of the City of Rosemead Municipal Code to ensure that storm water runoff is managed for water quality concerns through implementation of appropriate and applicable best management practices (BMPs). Prior to issuance of any grading or building permits, the City of Rosemead Department of Public Works shall approve the SUSMP. 39. All unpaved demolition and construction areas shall be wetted during excavation, grading, and construction, and temporary dust covers shall be used to reduce dust emissions and meet South Coast Air Quality Management District Rule 403. Wetting could reduce fugitive dust by as much as 50 percent. 40. The project Applicant or general contractor shall keep the construction area sufficiently damped to control dust caused by construction, hauling and at all times provide reasonable control of dust caused by wind. 41. All materials transported off -site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust and spillage. 42. All clearing, earthmoving, or excavation activities shall be discontinued during period of high winds (i.e., greater than 15 mph), so as to prevent excessive amounts of fugitive dust. 43. Prior to issuance of grading permits, the project Applicant shall submit to the Engineering Division detailed plans demonstrating that all earthwork and grading, structural foundations, on -grade slabs, retaining walls, paving, temporary excavations and backfill, and surface drainage shall be designed and constructed consistent with the recommendations provided in the project geotechnical study. ITEM NUMBER, City Council Meeting July 8, 2014 Pale 22 of 28 Hazards and Hazardous Materials 44. Asbestos and lead -based paint surveys shall be conducted on the buildings to be demolished prior to the start of construction. In the event that asbestos and lead - based paint are detected, they shall be abated in accordance with all applicable rules and regulations. Abatement activities shall be completed to the satisfaction of the appropriate regulatory agency(ies) prior to issuance of demolition permits for the proposed project. Abatement of asbestos shall be conducted in accordance with SCAQMD Rule 1403, Asbestos Emissions from Demolition /Renovation Activities. Hydrology and Water Quality 45. Appropriate erosion control and drainage devices shall be incorporated to the satisfaction of the Building Division, such as interceptor terraces, berms, vee- channels, and inlet and outlet structures. 46. All waste shall be disposed properly. Use appropriately labeled recycling bins to recycle construction materials including: solvents, water -based paints, vehicle fluids, broken asphalt and concrete, wood, and vegetation. Nonrecyclable materials /wastes shall be taken to an appropriate landfill. Toxic wastes must be discarded at a licensed regulated disposal site. 47. Leaks, drips and spills shall be cleaned up immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drain. 48. Where truck traffic is frequent, gravel approaches shall be used to reduce soil compaction and limit the tracking of sediment into streets. 49. All vehicle /equipment maintenance, repair, and washing shall be conducted away from storm drains. All major repairs shall be conducted off -site. Drip pans or drop cloths shall be used to catch drips and spills. 50. Post development peak stormwater runoff discharge rates shall not exceed the estimated pre - development rate for developments where the increase peak stormwater discharge rate will result in increased potential for downstream erosion. 51. Any connection to the sanitary sewer shall have authorization from the Bureau of Sanitation. 52. Materials with the potential to contaminate stormwater must be: (1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with runoff spillage to the stormwater conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs. REM NUMBER: City Council Meeting July 8, 2014 Page 23 of 28 53. Storage areas shall be paved and sufficiently impervious to contain leaks and spills. 54. All stone drain inlets and catch basins within, and immediately adjacent to the project site, as permitted and approved by the Department of Public Works, must be stenciled with prohibitive language (such as "NO DUMPING — DRAINS TO OCEAN ") and /or graphical icons to discourage illegal dumping. Legibility of stencil and signs must be maintained at all times. 55. An efficient irrigation system shall be designed to minimize runoff, including: drip irrigation for shrubs to limit excessive spray; shutoff devices to prevent irrigation after significant precipitation; and flow reducers. Noise 56. The proposed project's construction staging area shall be as far from sensitive receptors as possible, along Garvey Avenue. 57. Temporary sound barriers, capable of achieving a sound attenuation of at least 21 dB(A) (e.g., construction sound wall with sound blankets) and blocking the line -of -sight between the adjacent sensitive receptors shall be installed. 58. All powered construction equipment shall be equipped with exhaust mufflers or other suitable noise reduction devices capable of attenuating sound by 3 dB(A) or more. 59. Two weeks prior to commencement of construction, notification shall be provided to the immediate surrounding off -site residential, school, and church uses that discloses the construction schedule, including the types of activities and equipment that would be used throughout the duration of the construction period. Public Services (Fire) 60. Prior to issuance of a Certificate of Occupancy, the Applicant shall obtain approval from the Los Angeles County Fire Department that the project complies with all applicable codes and regulations pertaining to fire protection as required by the Los Angeles County Fire Department. Engineering Conditions of Approval GENERAL 61. Details shown on the tentative map are not necessarily approved. Any details which are inconsistent with requirements of ordinances, general conditions of REM NUMBER: City Council Meeting July 8, 2014 Page 24 of 28 approval, or City Engineer's policies must be specifically approved in the final map or improvement plan approvals. 62. A final tract map prepared by, or under the direction of a Registered Civil Engineer authorized to practice land surveying, or a Licensed Land Surveyor, must be processed through the City Engineer's office prior to being filed with the County Recorder. 63. A preliminary subdivision guarantee is required showing all fee interest holders and encumbrances. An updated title report shall be provided before the final parcel map is released for filing with the County Recorder. 64. The final tract 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. 65. Final tract 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. 66. The processing of the final tract map must comply with all requirements of the Subdivision Map Act, whether mentioned specifically herein or not. 67. 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. 68. 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. 69. Parking shall be prohibited along the entire frontage along Willard Avenue, except for 15 minute loading zones to be adjacent to the proposed elevator lobbies shown on the project plans. The Applicant shall install all traffic and parking signage to the satisfaction of the City Engineer. 70. As proposed by the Applicant, a four (4) foot wide dedication to the City of ITEM NUMBER: City Council Meeting July 8, 2014 Page 25 of 28 Rosemead shall be required to widen the public right of way along the entire frontage of Willard Avenue, as well as at the radius cut- off at the North West Corner of Willard avenue and Garvey Avenue. The Applicant shall engage a licensed land surveyor (or Civil Engineer authorized to practice land surveying) to prepare the legal descriptions and documents required for the proposed right of way dedication, all to the satisfaction of the City Engineer and the City Land Surveyor, and shall pay all costs for plan checking, etc. 71. As proposed by the Applicant, a six (6) foot wide easement for sidewalk shall be dedicated to the City of Rosemead. The Applicant shall engage a licensed land surveyor (or Civil Engineer authorized to practice land surveying) to prepare the legal descriptions and documents required for the sidewalk easement dedication, all to the satisfaction of the City Engineer and the City Land Surveyor, and shall pay all costs for plan checking, etc. 72. The existing catch basins fronting the proposed project on Garvey Avenue and Willard Avenue Shall be modified. to provide automatic retractable screens to screen storm water from trash, etc. to the satisfaction of the City Engineer. All new on -site storm drainage systems shall be designed to retain the first 3/4 inches of storm water runoff and to prevent cross lot drainage and comply with all storm water regulations. 73. The project plans indicate that the airspace in the two buildings shall be subdivided (a condominium) requiring the filing of a tentative tract map with the City of Rosemead to be followed by the recording of a final map. The final map shall be based on a field survey performed by a Licensed Land Surveyor (or by a registered Civil Engineer authorized to practice land surveying), with all monuments (horizontal control) being set to the satisfaction of the City Engineer and /or City Land Surveyor of the City of Rosemead. 74. The catch basins fronting the proposed project shall be modified, to provide automatic retractable screens to screen storm water from trash, etc. to the satisfaction of the City Engineer. All new on -site storm drainage systems shall be designed to retain the first 3/4 inches of storm water runoff and to prevent cross lot drainage and comply with all storm water regulations. 75. Prior to performing any grading, obtain a permit from the Engineering Department. Submit grading and drainage plans pre the City's grading guidelines and the latest edition of the Los Angeles County Building Code. The plans shall be stamped and signed by a California State Registered Civil Engineer. 76. Prior to the recordation of the final map, grading and drainage plans must be approved to provide for contributory drainage from adjoining properties as approved by the City Engineer, including dedication of the necessary easements. ITEMNUMSER: City Council Meeling July 8, 2014 Page 26 of 28 77. A grading and drainage plan must provide for each lot having an independent drainage system to the public street, to a public drainage facility, or by means of an approved drainage easement. 78. Historical or existing storm water flow from adjacent lots must be received and directed by gravity to the public street, to a public drainage facility, or an approved drainage easement. 79. Prepare and submit hydrology and hydraulic calculations for sizing of all proposed drainage devices. The analysis shall also determine if changes in the post development versus pre development conditions have occurred. The analysis shall be stamped by a California State Registered Civil Engineer and prepared per the Los Angeles County Department of Public Works Hydrology Method. 80. All grading projects require an Erosion Control Plan as part of the grading plans. Grading permit will not be issued until and Erosion Control Plan is approved by the Engineering Department. 81. The project is greater than one acre; therefore, a Storm Water Pollution Plan is required. A Notice of Intent (NOI) shall be fled with the State Water Resources Control Board. When submitting the SWPPP for the City's review, please include the NO1 and the Waste Discharger Identification (WDID) number. ROAD 82. New drive approaches shall be constructed at least 3' from any above - ground obstructions in the public right -of -way to the top of "x" or the obstruction shall be relocated. New drive approaches shall be limited to the frontage of the parcel. The drive approach is intended to serve, and is designed to the satisfaction of the City Engineer. 83. All work proposed within the public right -of -way shall require permits from the Public Works Department. 84. Remove and replace existing curb and gutter from northerly property line to westerly property line. 85. Remove and replace sidewalk from northerly property line to westerly property line, minimum seven feet wide. 86. Remove and replace existing curb ramp per ADA compliance. 87. Remove and construct driveway approaches as indicated on the plans. REM NUMBER: City Council Meeting July 8, 2014 Paae 27 of 28 88. Construct five feet parkway. Install parkway trees as indicated on the plans. All street trees shall be installed to the satisfaction of the City Engineer and the City Urban Forester. Street trees shall be planted in a manner that provides a minimum clearance of eight (8) feet from any existing or proposed sewer laterals to be used to serve the project. 89. Submit separate Civil plans for the road improvements. SEWER 90. Approval of this land division is contingent upon providing a separate house sewer lateral to serve each lot of the land division. 91. Prepare and submit a sewer calculations analysis for sizing of proposed laterals including capacity conditions of existing sewer trunk line. The analysis shall be stamped by a California State Registered Civil Engineer and prepared per the Los Angeles County Department of Public Works Guidelines. 92. All existing laterals to be abandoned shall be capped at the public right of way to the satisfaction of the City Engineer and the Building Official of the City of Rosemead. Utilities 93. All power, telephone and cable television shall be underground. 94. Any utilities that are in conflict with the development shall be relocated at the developer's expense. 95. Traffic signal improvements at the intersection of Willard and Garvey Avenue will be required (if necessary) (Modified by the Planning Commission on May 19, 2014). 96. Existing street lights are not shown on the proposed project plans, nor are proposed street lights shown. A street lighting plan shall be developed using ornamental lights with underground services as necessary to accommodate the proposed development and to obtain the approval of the City Engineer. The Applicant shall bear all costs to provide street lighting, etc., if required. In addition, all utility services to serve the proposed project shall be placed underground. Water 97. Prior to the filing of the final map, there shall also be filed with the City Engineer, a statement from the water purveyor indicating subdivider compliance with the Fire Chiefs fire flow requirements. ITEM NUMBER: City Council Meeting July 8, 2014 Pane 28 of 28 Los Angeles County Fire Department Conditions of Approval (Added by the City Council on July 8, 2014) 98. Access shall comply with Section 503 of the Fire Code, which requires all weather access. All weather access may require paving. 99. Fire Department Access shall be extended to within 150 feet distance of any exterior portion of all structures. 100. Private driveways shall be indicated on the final map as 'Private Driveway and Firelane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. All required fire hydrants shall be installed, tested and accepted prior to construction. 101. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. 102. Provide Fire Department or City approved street signs and building access numbers prior to occupancy. 103. Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. 104. The required fire flow for public fire hydrants at this location is 3500 gallons per minute at 20 psi for a duration of 3 hours, over and above maximum daily domestic demand. 3 Hydrant(s) flowing simultaneously may be used to achieve the required fire flow. 105. Fire hydrant requirements areas follows: Install 1 public fiirehydrant(s). 106. All required fire hydrants shall be installed, tested and accepted or bonded for prior to Final Map approval. Vehicular access shall be provided and maintained serviceable throughout construction. 107. Additional water system requirements will be required when this land is further subdivided and /or during the building permit process. 108. Fire hydrant upgrade is not necessary, if existing hydrant(s) meet(s) fire flow requirements. Submit original water availability form to our office. ITEM NUMBER: ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: MAY 19, 2014 SUBJECT: DESIGN REVIEW 13 -02 AND TENTATIVE TRACT MAP 72347 8479 GARVEY BOULEVARD Summary Ken Kyi has submitted entitlement applications requesting to develop a new residential /commercial mixed use development comprised of two (2) buildings totaling 36,100 square feet. Building A consists of eight (8) attached residential units (totaling 4,120 square feet) above 10,460 square feet of retail and office space. Building B consists of a leasing office and twenty (20) attached residential units (totaling 15,755 square feet). The project site consists of one (1) parcel totaling 30,397 square feet. The property is located at the northwest corner of Willard Avenue and Garvey Avenue in the C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay) zone. Environmental Analysis The City of Rosemead acting as a Lead Agency, has completed an Initial Study /Draft Mitigated Negative Declaration for the proposed mixed use project pursuant to Section 15070 (b) of the California Environmental Quality Act (CEQA). The Initial study has found that there are potential significant environmental impacts that could occur if the proposed mixed use is implemented. The environmental factors that could be potentially affected by the project include Aesthetics, Air Quality, and Noise. However, with the implementation of the recommended mitigation measures, to which the Applicant has agreed; the potential significant environmental effects will be reduced to a level that is less than significant as determined by the Lead Agency. A Notice of Intent to Adopt a Mitigated Negative Declaration for the project was distributed for a 20 -day public review and comment period from April 28, 2014 to May 17, 2014. The Mitigated Negative Declaration, along with Agency comments and a Mitigation Monitoring Program as required by CEQA guidelines, is attached to this staff report for your review. If the Commission recommends this project to the City Council for approval, the Commission must make a finding of adequacy with the environmental assessment and also recommend that the City Council to adopt the attached Mitigated Negative Declaration and Mitigation Monitoring Program. ATTACHMENT "C" Planning Commission Meeting May 19, 2014 Paoe 2 of 35 The Initial Study was undertaken to determine if the proposed project may have a significant effect on the environment. The Initial Study was prepared and completed by Impact Sciences, Inc., acting as a consultant to the City, in accordance with the California Environmental Quality Act (CEQA) Guidelines. On the basis of the Initial Study, the City of Rosemead has concluded that the project would have significant impact, unless mitigated, therefore a Draft Mitigated Negative Declaration (MND) was prepared. The MND reflects the independent judgment of the City as a lead agency per CEQA Guidelines. The project site is not on a list compiled pursuant to Government Code section 65962.5. The proposed project is not considered a project of statewide, regional or area -wide significance and would not affect highways or other facilities under the jurisdiction of the State of California Department of Transportation. Staff Recommendation Based on the analysis and findings contained in this report, it is recommended that the Planning Commission ADOPT Resolution No. 14 -09 with findings (Exhibit "A "), which is a resolution recommending that the City Council ADOPT Resolution 2014 -16 (attached as Exhibit "D ") approving Design Review 13 -02 and Tentative Tract Map 72347 and recommending adoption of the associated Mitigated Negative Declaration (Exhibit "G "). Property History and Description According to Los Angeles County records, the property is currently developed with a commercial building, totaling approximately 916 square feet. View from South Planning Commission Meeting May 19, 2014 Pane 3 of 35 Proiect Analvsis Existina Environmental Settina As stated above, the site is developed with a vacant single -story commercial building totaling 916 square feet. The site has periodically been used for storage of vehicles by the property owner and is currently used for such storage. Protect Description The Applicant is proposing to demolish the existing building onsite to construct a commercial and residential mixed -use development comprised of two (2) buildings, surface and subterranean parking, a central courtyard, and landscaped areas. Building A, to be constructed on the southern portion of the project site on the Garvey Avenue frontage, will be a four -story building, totaling 19,430- square -foot. The building will include four (4) retail units on the first floor, eight (8) office units on the second floor, and eight (8) two -story residential condos on the third and fourth floors. A total of 5,630 square feet of retail commercial space and 4,830 square feet of office space plus 915 square feet of leasing /office space would be provided. Building B will be a 16,670 - square -foot, three -story building consisting of twenty (20) residential units. Building B will be constructed on the northern portion of the project site. Each floor will include one and two- bedroom condominiums and have access to either one or two subterranean parking spaces, respectively. In addition, four at -grade parking spaces will be available for short-term use. Residents will have access to the central courtyard and each unit will include a private balcony. A leasing office will be included on the first floor of Building B. The project requests, and City Staff recommends, a density bonus under Senate Bill (SB) 1818, which amended the state law to allow density bonuses up to 35 percent. In accordance with SB 1818, the Applicant would be required to provide affordable residential units in order to qualify for this density bonus. Under the existing zoning, the project site can accommodate a maximum residential density of 21 units. Therefore, the construction of 28 units would exceed the permitted residential density by approximately 25 percent. The Applicant has chosen to provide nine (9) moderate - income units (40 percent of the number of residential units permitted under current zoning regulations) which satisfies the State law requirements. The Applicant is also requesting three (3) concessions under SB 1818 to allow the development as proposed. The first concession will allow four (4) stories at forty-nine (49) feet on Building A, rather than the three (3) stories at forty-five (45) feet regularly allowed in the C -3 MUDO -D zone. The second concession will allow the building residential /commercial ratio to consist of 68.5 percent residential and 31.5 percent commercial, rather than the sixty - seven (67) residential and 33 commercial split under the zoning. The third concession would allow a deviation from the variable height requirement otherwise required by the Rosemead Municipal Code. Parking is proposed as a combination of surface and one level of subterranean basement parking. A total of seventy-eight (78) parking spaces would be provided, Planning Commission Meeting May 19, 2014 Paue 4 of 35 which includes forty -four (44) spaces for commercial and office parking and thirty -four (34) spaces for residential parking. Access to the subterranean parking would be provided from two driveways along Willard Avenue between Building A and Building B and at the rear of Building B. As the project site is relatively flat, no grading is proposed, however, 20,000 cubic yards of excavation will be required to construct the subterranean parking. In addition, twelve (12) surface parking spaces including two (2) handicapped spaces will be located behind Building A and provided for the commercial uses. Furthermore, the proposed project would also include twenty (20) bicycle parking spaces. The proposed project would provide a combination of common and private open space in the form of private balconies for the condominiums and a central garden on the mezzanine within Building B. A total of 4,450 square feet of common open space and 3,780 square feet of private open space would be provided. Site & Surroundina Land Uses The project site is designated in the General Plan as Mixed Use: Residential /Commercial (30 du /ac) and on the Zoning Map it is designated C -3 MUDO- D (Medium Commercial with a Mixed Use and Design Overlay) zone. The site is surrounded by the following land uses: North General Plan: Medium Density Residential Zoning: R -2 (Light Multiple Residential) Land Use: Residential South General Plan: Mixed Use: Residential/Commercial (30 du /ac) Zoning: C-3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay) Land Use: Commercial East General Plan: Commercial Zoning: C -3 (Medium Commercial) Land Use - Commercial West General Plan: Mixed Use ResidentiallCommercial (30 dulac) Zoning: C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay) Land Use Commercial Development Standards The developer has incorporated the Residential /Commercial Mixed -Use Development Overlay Zone standards for the proposed mixed -use project (Zoning Code prior to November, 2013). The Residential /Commercial Mixed -Use Development Overlay Zone allows the Planning Commission and the City Council to grant approval of a well - designed development project that combine residential with nonresidential uses. May Commission Meeting Proposed Floor Plans Commercial The floor plans submitted with this application show twelve (12) tenant suites (four Wined! - Proposed Lot Size 30,000 s.f. 30,397 s.f. Floor Area Ratio 1.6:1 (max allowed) 1.191 (FAR 12' -0' with T -0' wide sidewalk (clear zone) and 5' -0" 12' -0' with T -0' wide sidewalk (clear zone) and 5' -0" wide Public Sidewalk wide parkway (amenity zone) arkwa ameni zone Building A: Zero (0) feet Front Setback Zeno Buildin B: Zero 0 feet Interior Lot Line May be zero (0) but shall be a minimum of ten (10) feet Building A: Zero (0) feet Setback if more than zero (0). Building B: Zero (0) feet Building A: Zero (0) feet Side Street None Setback Building B: Zero 0 feet Rear Abutting Residential 10' -0" 51 Setback Building A: Four - stores and forty-nine (49) feet Height Three - stories with a max height of forty-five (45) Building B: Three- stories and thirty -nine (39) feet -Requesting concession The second floor and above shall be stepped back from Requesfing concession to Variable Heigh the rear property line as follows: establishing a height at encroach into variable height 9 six (6) feet above finished grade of the adjacent requirement residential pri line, a 20E ree Two (2) parking spaces per dwelling plus one (1) guest 34 parking spaces Pa (Residential) ntial) parking space per two (2) dwelling units 'Density bonus allows deviation of required parking spews. Parking Retail and O15cs: One (1) parking space per two 44 parking spaces (Commercial) hundred filly (250) square feet of floor space Bicycle Parking Ten (10) percent (°h) of required off -street parking. 20 bicycle parking spaces 78 = 8 bicycle parking spaces Common Open Space: 150 s.f./dwelling unit (4,200 s.f.) Common Open Space: 4,450 s.f. Open Space Private Open Spam: 60 s.f/dwelling unit (1,680 s.f. ) Private Open Spam: 3,780 s.f. Building 68.5% Residential and 31.5% Commercial/ 67% Residential and 33% Commercial Commercial Residential 'Requesting concession Ratio Proposed Floor Plans Commercial The floor plans submitted with this application show twelve (12) tenant suites (four Planning Commission Meeting May 19, 2014 Page 6 of 35 retails units and eight office units) in Building A, totaling approximately 10,460 square feet that will be utilized for retail and office uses. The project is designed with sufficient on -site parking to accommodate the commercial use, as shown in the table on page five and on the development plan. Residential A total of twenty -eight (28) condominium units are proposed within this development. Eight (8) units will be located on the third floor of Building A and twenty (20) units will be located entirely within Building B. The unit floor plans submitted show a variety of unit types, from one - bedroom units to two- bedroom units, ranging in size from 700 square feet to 1,000 square feet of living area. Each unit contains a living room, dining room, kitchen, bedroom(s), bathroom(s), closet, storage, washer and dryer, and private open space. The two- bedroom units contain a living room, dining room, kitchen, bathrooms, Proposed Landscaping and Fencing: A conceptual landscape plan has been attached as "Exhibit C." New landscaping is proposed throughout the site. Landscaping is shown in the form of perimeter planting areas and landscaped islands within the surface parking lot areas. Additionally, the central courtyard provides added landscaping. The Applicant will be required to submit a detailed landscape and irrigation plan to the Planning Division for review and approval prior to issuance of any Building Permits. The Applicant is proposing to construct new decorative perimeter block walls along the north, east, and west property lines. Parking and Circulation Access to the site would be provided from two (2) driveways along Willard Avenue between Building A and Building B and at the rear of Building B.Parking. The Applicant is proposing surface and one level subterranean basement parking. A total of seventy - eight (78) parking spaces would be provided, which includes forty -four (44) spaces for commercial and office parking and thirty -four (34) spaces for residential parking. Through the request of density bonus under Senate Bill (SB) 1818, the applicant is requesting a reduction in parking. The maximum standards for residential parking are • One (1) onsite parking space for up to one (1) bedroom. • Two (2) onsite parking spaces for up to three (3) bedrooms. • No requirement for guest parking. In addition, the proposed project would also include twenty (20) bicycle parking spaces. Traffic A traffic impact study prepared by KOA Corporation, dated December 24, 2013, was completed for the project. The Study analyzes trip generation and level of service impacts upon four (4) nearby intersections. The intersections studied are as follows: San Gabriel Boulevard /Garvey Avenue, Willard Avenue /Garvey Avenue, Walnut Grove Avenue /Garvey Avenue, and 1 -10 Eastbound on -off ramps and Hellman Avenue. Planning Commission Meeting May 19, 2014 Page 7 of 35 Significant traffic impacts of the proposed Project were analyzed within the a.m. and p.m. peak periods. Based on the traffic study, the proposed project would not create any significant traffic impacts at the study intersections during either the weekday a.m. or p.m. peak hours under existing plus approved project conditions or cumulative plus projects conditions. The City's Traffic Consultant has reviewed the traffic study and finds it acceptable, and the study has been relied on in the Mitigated Negative Declaration. For these reasons, project mitigation measures are not required. Proposed Architecture: The Applicant has worked with the Planning Division in designing an aesthetically interesting project that meets the City's design goals for the MUDO -D overlay. The front fagade has been designed to create visual interest at the street level. The main entrance of the building is highlighted through the use of a distinct corner element at the northwest corner of Building A. The streamline metal awnings provides the additional ambient shading and appeals to the aesthetic nature of the commercial storefront. In addition, various elements have been added to provide architectural interest to the design, such as the use of contrasting exterior finishes, glass railings, tile at the base and reveal lines on all elevations. The subtle details of common open spaces and pedestrian - scaled architectural elements in both buildings echo the modern design aspect for this mixed -use development. Lightin New exterior lighting is proposed for the property. New wall mounted fixtures will be placed along the front, side, and rear of the building. New light standards will be installed in the parking lot area. All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. The Mitigated Negative Declaration includes a lighting mitigation measure, which states: Prior to the issuance of building permits, the Applicant shall submit a lighting plan for approval by the Planning Division. The lighting plan shall include a schematic depicting the location of fighting sources, as well as type of lighting proposed. The lighting plan shall address the following criteria: • Packing and security lights shall not be obtrusive to neighboring residential properties. • Lighting shall be fully shielded to minimize glare and painted to match the surface it is attached to. • Light fixtures shall be architecturally compatible with the structure's design. • Structure entrances should be well lit. • Lighting and trees should not conflict with one another. • The design of exterior parking lot lighting fixtures shall be compatible with the architecture used in the development and not be on poles over 25 feet high. Planning Commission Meeting May 19, 2014 Page 8 of 35 Soils Report The California Department of Conservation, California Geological Survey has identified the project site as one subject to potential liquefaction. Liquefaction is the sudden failure and fracturing of saturated ground resulting from an earthquake, which can cause structural failure of buildings, roadways, bridges, etc. Structures presently on the site, as well as any future structures, are subject to the consequences liquefaction. For this reason, a revised soils report was prepared for this project by MTC Engineering, Inc. The City's independent geotechnical and engineering geology consultants have reviewed the revised report and have deemed it acceptable as presented on November 7, 2013. The revised report is relied on by the Mitigated Negative Declaration and mitigation measures have been required to address its concerns. Municipal Code Requirements Section 17.72.030 of the Rosemead Municipal Code (RMC) states that design review procedures shall be followed for all improvements requiring a building permit or visible changes in form, texture, color, exterior facade, or landscaping. Section 17.72.050 provides the criteria by which the Planning Commission may approve, approve with conditions, or disapprove a design review application: A. The plans indicate proper consideration for the relationship between the proposed building and site developments that exist or have been approved for the general neighborhood; The proposed development is located within an established commercial district of the City. The Applicant has provided a design of high aesthetic quality, which in Staffs determination will improve the aesthetics of one of the City's prominent intersections and the project site's relationship to the commercial district. The proposed project is consistent with the Goal 3, Policy 3.1 of the Land Use Element of the City's General Plan in that the goal and policy call for encouraging mixed -use development as a means of upgrading established uses and developing vacant parcels along arterials to provide new commercial, residential, and employment opportunities. In addition, Goal 3, Policy 3.5 of the Land Use Element of the City's General Plan calls for promoting lively and attractive ground -floor retail uses that will create public revenues needed to provide for City services and the City's tax base. B. The plan for the proposed building 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; To ensure that the surrounding properties are protected against noise, vibrations, and other factors, the Mitigation Monitoring and Reporting Program (MMRP) Planning Commission Meeting May 19, 2014 Paae 9 of 35 specifically addresses noise and lighting mitigation measures. All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Conditions of approval have been incorporated to eliminate adverse effects on the environment as a result of the proposed project. This development will not generate any permanent impacts to noise levels for the surrounding area. All construction work will be required to comply with the timeframe, and decibel levels indicated in the City's Noise Ordinance. Conditions of approval will specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting, and the overall maintenance of the property. C. The proposed building 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 project will improve the physical appearance of the prominent comer by eliminating an unused and boarded -up building and replacing a mixed use development that is of high architectural quality. The improvements to the site in terms of new construction, landscaping, and pavement treatments in the parking lot will provide a marked improvement over the existing appearance of the intersection of Garvey Avenue and Willard Avenue. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in 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 property is not part of the Civic Center Plan, precise plan or land reserved for public or educational use, so there is no special need to create harmony with the general area. Notwithstanding this, the approved design will create a development that is an aesthetic upgrade over the surrounding area and that has the potential to enhance land values in the general area. This is due to the proposed new building fagade with higher quality materials, a design that blends better with the area, and greatly improved landscaping and parking lot area. E. The proposed development is in conformity with the standards of this code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved; and This proposed development meets all of the minimum code requirements for the C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay) zone, Planning Commission Meeting May 19, 2014 Pace 10 of 35 and all applicable referenced code sections of the Rosemead Municipal Code, as modified by the request for concessions under SB 1818. 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. The Applicant has worked with the Planning Division in designing an aesthetically high - quality project. The front facade has been designed to create visual interest at the street level. The main entrance of the building is highlighted through the use of a distinct comer element at the northwest corner of Building A. The streamline metal awnings provides the additional ambient shading and appeals to the aesthetic nature of the commercial storefront. The subtle details of common open spaces and pedestrian- scaled architectural elements in both buildings echo the modern design aspect for this mixed -use development. Access to the subterranean parking would be provided from two driveways along Willard Avenue between Building A and Building B and at the rear of Building B. Parking is proposed as a combination of surface and one level of subterranean basement parking. PUBLIC NOTICE PROCESS On April 24, 2014, thirty-nine (39) notices were sent to property owners within a 300 - feet radius from the subject property, in addition to notices posted in five (5) public locations, on -site, published in the Rosemead Reader on April 28, 2014, and filed with the Los Angeles County Clerk. Prepared by: Submitted by: Lily Trinh Michelle Ramirez Associate Planner Community Development Director EXHIBITS: A. Planning Commission Resolution No. 14-09 B. Conditions of Approval C. Site Plan /Floor Plan /Elevations D. Draft City Council Resolution No. 2014 -18 E. Letter of Request for Density Bonus F. Assessors Parcel Map (5288 - 004045) G. Mitigated Negative Declaration/Mitigation Monitoring Program PC RESOLUTION 14 -09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDS THAT THE CITY COUNCIL APPROVE DESIGN REVIEW 13 -02 AND TENTATIVE TRACT MAP 72347 FOR THE CONSTRUCTION OF A NEW RESIDENTIALICOMMERCIAL MIXED USE DEVELOPMENT COMPROSED OF TWO (2) BUILDINGS TOTALING 36,100 SQUARE FEET. THE SUBJECT SITE IS LOCATED AT 8479 GARVEY AVENUE IN THE C -3 MUDO -D (MEDIUM COMMERCIAL WITH A MIXED USE AND DESIGN OVERLAY) ZONE. WHEREAS, on July 16, 2013, Ken Kyi submitted a Design Review and a Tentative Tract Map application for the construction of a new residential /commercial mixed use development comprised of two (2) buildings totaling 36,100 square feet. The project is located at 8479 Garvey Avenue; and WHEREAS, 8479 Garvey Avenue is located in the C -3 MUDO -D (Medium Commercial with Mixed Use and Design Overlay) zone; and WHEREAS, Section 17.72.020 & 17.72.050 of the Rosemead Municipal Code (RMC) provides the purpose and criteria for a design review; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.72.050 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or disapprove design review applications; and WHEREAS, on April 24, 2014, an Initial Environmental Study for the proposed Design Review 13 -02 and Tentative Trap Map 72347 was completed finding that the proposed project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared, in accordance with the guidelines of the California Environmental Quality Act, and local environmental guidelines; and WHEREAS, on April 24, 2014, thirty -nine (39) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in five (5) public locations and onsite, specifying the availability of the application, plus the date, time, and location of the public hearing for Design Review 13 -02 and Tentative Tract Map 72347, and on April 28, 2014, the notice was published in the Rosemead Reader; and WHEREAS, on May 19, 2014, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 13 -02 and Tentative Tract Map 72347; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all ATTACHMENT "D" 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 makes a finding of adequacy with the Mitigated Negative Declaration and HEREBY RECOMMENDS that the City Council adopt the Mitigated Negative Declaration as the environmental clearance for Design Review 13 -02 and Tentative Tract Map 72347. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 13 -04 in accordance with Section 17.72.030 et seq., of the Rosemead Municipal Code as follows: A. The plans indicate proper consideration for the relationship between the proposed building and site developments that exist or have been approved for the general neighborhood; FINDING: The proposed development is located within an established commercial district of the City. The Applicant has provided a design of high aesthetic quality, which in Staffs determination will improve the aesthetics of one of the City's prominent intersections and the project site's relationship to the commercial district. The proposed project is consistent with the Goal 3, Policy 3.1 of the Land Use Element of the City's General Plan in that the goal and policy call for encouraging mixed -use development as a means of upgrading established uses and developing vacant parcels along arterials to provide new commercial, residential, and employment opportunities. In addition, Goal 3, Policy 3.5 of the Land Use Element of the City's General Plan calls for promoting lively and attractive ground -floor retail uses that will create public revenues needed to provide for City services and the City's tax base. B. The plan for the proposed building 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; FINDING: To ensure that the surrounding properties are protected against noise, vibrations, and other factors, the Mitigation Monitoring and Reporting Program (MMRP) specifically addresses noise and lighting mitigation measures. All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Conditions of approval have been incorporated to eliminate adverse effects on the environment as a result of the proposed project. This development will not generate any permanent impacts to noise levels for the surrounding area. All construction work will be required to comply with the timeframe, and decibel levels indicated in the City's Noise Ordinance. Conditions of approval will specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting, and the overall maintenance of the property C. The proposed building 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: The proposed project will improve the physical appearance of the prominent corner by eliminating an unused and boarded -up building and replacing a mixed use development that is of high architectural quality. The improvements to the site in terms of new construction, landscaping, and pavement treatments in the parking lot will provide a marked improvement over the existing appearance of the intersection of Garvey Avenue and Willard Avenue. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in those instances where buildings are within or adjacent to land shown on the General Plan as being part of the Civic Center or in public or educational use, or are within or immediately adjacent to land included within any precise plan which indicates building shape, size, or style; FINDING: The property is not part of the Civic Center Plan, precise plan or land reserved for public or educational use, so there is no special need to create harmony with the general area. Notwithstanding this, the approved design will create a development that is an aesthetic upgrade over the surrounding area and that has the potential to enhance land values in the general area. This is due to the proposed new building fagade with higher quality materials, a design that blends better with the area, and greatly improved landscaping and parking lot area. E. The proposed development is in conformity with the standards of this code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved; and FINDING: This proposed development meets all of the minimum code requirements for the C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay) zone, and all applicable referenced code sections of the Rosemead Municipal Code, as modified by the request for concessions under SB 1818. F. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effect of the development from the view of public streets. FINDING: The Applicant has worked with the Planning Division in designing an aesthetically high - quality project. The front fagade has been designed to create visual interest at the street level. The main entrance of the building is highlighted through the use of a distinct corner element at the northwest corner of Building A. The streamline metal awnings provides the additional ambient shading and appeals to the aesthetic nature of the commercial storefront. The subtle details of common open spaces and pedestrian - scaled architectural elements in both buildings echo the modem design aspect for this mixed -use development. Access to the subterranean parking would be provided from two driveways along Willard Avenue between Building A and Building B and at the rear of Building B. Parking is proposed as a combination of surface and one level of subterranean basement parking. SECTION 3 . The Planning Commission HEREBY RECOMMENDS CITY COUNCIL APPROVAL of Design Review 13 -02 and Tentative Tract Map 72347 for the construction of a new residential1commercial mixed use development comprised of two (2) buildings totaling 36,100 square feet, subject to the Conditions of Approval attached hereto. SECTION 4 . This resolution is the result of an action taken by the Planning Commission on May 19, 2014, by the following vote: YES: DINH, ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSTAIN: NONE ABSENT: NONE SECTION 6 . The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the Applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 19 day of May, 2014. Diana Herrera, Chair CERTIFICA 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 19" day of May by the following vote: YES: DINH, ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSTAIN: NONE ABSENT: NONE Michelle Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP 5Z S 1 M O N LEE & 140 W. VALLEY BLVD., SUITE 215 ASSOCIATES TE I�1571- 8000 A R C H IT E C T S FAX: X6261571 -8005 website: Www. slarch.com e-mail: sla @slarch.com July 8, 2013 HONORABLE MAYOR AND CITY COUNCILS CITY OF ROSEMEAD do Michelle G. Ramirez Community Development Director Tel: (626) 569 -2158 Email: mramirez @cityofinsemmd.org Re: "NEW GARVEY 168 PLAZA" —A Commercial & Residential Mixed -Use Project Location: 8479 E. Garvey Ave. Rosemead, CA 91770 Per California State Law (SB 1818- 2008), a Density Bonus for mixed -use projects may be achieved by providing a percentage of affordable housing units within the residential portion of the project No more than three incentives or concessions may be granted for a project that includes at least 30% for persons and families of moderate income in a residential development Mr. Ken Kyi, property owner of "New Garvey 168 Plaza" is proposing 40- percent - moderate - income housing for 35- percent density bonus to qualify for a total of 28 -unit residential condominiums. Per your review and approval, the following three (3) concessions are proposed: 1. Building Height & Story: Per RMC Section 17.74.050(C)(3)(b), Commercial/Residential mixed -use building (twenty -five (25) to thirty (30) dulac; three (3) stories) shall have a maximum height of forty-five (45) feet. Project proposed: Building A: 4 -story Commercial/Residential mixed -use project of forty -nine (49) feet in height (Concession). Building B: 3 -story Residential of thirty -nine (39) feet in height (Complied). 2. Building Corrunffdal/Residential Ratio: Per RMC Section 17.74.050(C)(2)(b), Commercial/Residential mixed -use building mass shall consist of a 33- percent commercial and 67- percent residential and use mix. Project proposed 31.5 - percent commercial and 68.5- percent residential mixed -use development (concession). ATTACHMENT "E" 3. Variable Height: Per RMC Section 17.74.050(C)(1)(f), All residential/commercial mixed -use developments shall have a variable height limitation when abutting R -1 and R -2 zones. The second floor and above shall be stepped back from the rear property line as follows: establishing a height at six (6) feet above finished grade of the adjacent residential property line with a 20- degree incline plane projected to establish the height limitation of the residential/commercial mixed -use development. The proposed elevation plan on sheet A -3.1 shows the Building B 3 -story non - living area roof element is encroaching into the 20- degree incline plane (concession). Also, Parking Requirements: Per RMC Chapter 17.74, two parking spaces shall be provided for every dwelling unit and one guest space shall be provided for each two units in a multiple - family dwelling project. Per the State Density Bonus program SB 1818 (Government Code Section 65915), we are allowed to reduce parking for the entire project base on the new residential parking standards detailed as follows: Zero to one bedroom — one onsite parking space Two to three bedrooms — two onsite parking space Four to more bedrooms — two and a -half parking spaces These numbers are inclusive of guest parking and handicapped parking for the residential portion of the project. Sincerely, Simon Lee, AIA Simon Lee & Associates, Architects Re: Mr. Ken Kyi, President WW 168 Investment LLC. 8527 E. Garvey Ave., Rosemead, CA 91770 Assessors Parcel Map 5289 sia* esw.mn wmaria mm ••w n PC ° m I OO I a PG .ftQ 6 n. A O G G G g -I : W Ou O I O • •� •I I __�__ y `a" ro ��e • • ©� •i:ee •___ I 0'r - SUBJECT • -- • - -� t G 0• I / VN 13 -- SITE IYy� y ____ p____ Q 1O a� ?G� AVER z c, •_ bF ATTACHMENT "F"