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PC - Item 3A - Design Review 14-06, Zone Variance 14-02, Zone Variance 14-03, And Tentative Tract Map 72871ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: SEPTEMBER 15, 2014 SUBJECT: DESIGN REVIEW 14 -06, ZONE VARIANCE 14 -02, ZONE VARIANCE 14 -03, AND TENTATIVE TRACT MAP 72871 9048 GARVEY AVENUE Summary Matt Hamilton of Preface, LLC has submitted entitlement applications requesting to construct a new residential /commercial mixed use development. The project will consist of a 6,500 square foot retail building fronting Garvey Avenue and 48 residential units behind. The mixed use development would be located on a 2.1 acre site. The subject site is located at 9048 Garvey Avenue, in the C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay) zone. Environmental Analysis Section 15332 of the California Environmental Quality Act (CEQA) and local environmental guidelines exempt "in -fill development projects" where the proposed development occurs within city limits on a site measuring no more than five (5) acres substantially surrounded by urban uses, meeting applicable General Plan and Zoning regulations. Accordingly, Design Review is classified as a Class 32 Categorical Exemption pursuant to Section 15332 of CEQA guidelines. Staff Recommendation Based on the analysis and findings contained in this report, it is recommended that the Planning Commission ADOPT Resolution No. 14 -12 with findings (Exhibit "A ") and APPROVE Design Review 14 -06, Zone Variance 14 -02, Zone Variance 14 -03, and Tentative Tract Map 72871, subject to the seventy (70) conditions outlined in Exhibit "B" attached hereto. Property History and Description According to Los Angeles County records, the property is currently developed with several industrial buildings, totaling approximately 30,802 square feet. Planning Commission Meetlng September 15, 2014 Pape 2 of 37 View from North Project Analysis The Applicant is proposing to demolish all existing buildings onsite to construct a commercial and residential mixed -use development comprised of a retail building, 48 residential units, surface and garage parking, common recreational areas, and landscaped areas. The one -story 6,500 square foot retail building will be constructed at the front of the property, fronting Garvey Avenue. The building will include six (6) retail units with an outdoor plaza area. Surface parking will be provided for the retail building directly behind the building. A total of 26 parking spaces will be provided for the retail building. The 48 residential units behind will consist of three -story, three bedroom homes, ranging in size between 1,601 to 1,765 square feet. A two -car garage is provided for each residential unit. A total of 24 guest parking spaces will be provided for the residential development. The proposed project would provide a combination of common and private open space in the form of private balconies, roof decks, and common recreational areas for the residential units. A total of 8,889 square feet of common open space and 6,912 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 (60 du /ac) and on the Zoning Map it is designated C -3 MUDO- Planning Commission Meeting September 15, 2014 Pape 3 of 37 D (Medium Commercial with a Mixed Use and Design Overlay) zone. The site is surrounded by the following land uses: North General Plan. Mixed Use: Industrial /Commercial Zoning. C -3 (Medium Commercial) Land Use: Commercial South General Plan: Office /Light Industrial and Public Facilities Zoning. M -1 (Light Manufacturing and Industrial) and Open Space Land Use Industrial and Rio Hondo Wash East General Plan: Mixed Use: Residential /Commercial (60 du /ac) and Public Facilities Zoning: C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay) and Open Space Land Use - Commercial and Rio Hondo Wash West General Plan. Mixed Use: Residential /Commercial (60 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. The Residential /Commercial Mixed -Use Development Overlay Zone allows the Planning Commission to grant approval of a well- designed development project that combine residential with nonresidential uses. a y, 4 ur Proposed 30,000 s.f 2.10 acres (91,476 s.f.) Lot Size Floor Area Ratio (FAR) 2.0:1 (max allowed) D,99 1 Public Sidewalk 12'-0' with T -0" wide sidewalk (clear zone) and 5' -0" 12'-0' with T -0" wide sidewalk wide parkway (amenity zone) (clear zone) and 5' -0" wide parkway (amenity zone) Front Setback Zero Zero Interior Lot Line May be zero (0) but shall be a minimum of ten (10) feet East: >10 feet Setback if more than zero (0). West: 10 feet Side Street Setback None N/A (Interior Lot) Rear Abutting Residential 10' -0" N/A (does not abut residential) Setback Planning Commission Meefing September 15, 2014 Page 4 of 37 Zone Variance The subject site is a unique piece of land from a legal and planning perspective. While it appears to be a standard lot for the zone, there is a large access easement across the east side of the property, the size of which is 18,474 square feet. The easement allows the neighboring property owner to the east (9056 Garvey Avenue) full ingress and egress rights over a 30 foot wide strip of land that runs the entire length (610 feet) of the property. The size of this easement creates almost a 20% reduction in net buildable area, and causes the buildable area to be more narrow than it otherwise would be. Due to the presence of this easement and the practical inability to get rid of the easement due to the need of the adjoining landowner to continue using it, the Applicant is requesting to deviate from RMC Code Sections 17.28.030(D)(3)(a)(3) and 17.28.030(D)(12)(d)(3). On August 1, 2014, the applicant submitted a letter (attached as Exhibit "D ") justifying reasons why they should be granted the two variances. Section 17.28.030(D)(3)(a)(3) states: Residential parking shall be separate from commercial parking and accessed through a secured gated entrance. The access easement agreement specifically prohibits any impediment to access across the easement, such as a secured gate. Therefore no gating of the entirety of the residential portion of the property is possible. As set forth more fully below, the design of the residential portion is one of several "rows' of residences. The Applicant seeks a variance from the requirement that it gate the entire residential space and is instead proposing to completely secure each residential "row" of the development by incorporating the use of electronic vehicular gates, pedestrian gates, and decorative walls and fencing. Retail Building: One -story at 34' -6" Three- stodes with a maxm height of forty-five (45) Height feet Residential: Three - stones at 38' -6° The second floor and above shall be, stepped back from the rear property line as follows: establishing a height at N/A (not adjacent to residential) Variable Height six (6) feet above finished grade of the adjacent residential property line, a 20 -de ree Two (2) parking spaces per dwelling plus one (1) guest Two -car garage per residential unit Parking parking space per two (2) dwelling units and 24 uest arkin s aces Residential Parking Retail and Office : One (1) parking space per two 26 parking spaces (Commercial) hundred fifty (250) square feet of floor space Ten (10) percent ( %) of required off - street parking. 16 bicycle parking spaces Bicycle Parking y 146 = 15 bicycle parking spaces Common Open Space: 150 at /dwelling unit (4,200 s f.) Common Open Space: 8,889 s f. Open Space Private Open Space: 60 s f1dwelling unit (1,680 s.f.) Private Open Space: 6,912 s.f. Building commercial/ 75% Residential and 25% Commercial 75% Residential and 25% Commercial Residential Ratio _ Zone Variance The subject site is a unique piece of land from a legal and planning perspective. While it appears to be a standard lot for the zone, there is a large access easement across the east side of the property, the size of which is 18,474 square feet. The easement allows the neighboring property owner to the east (9056 Garvey Avenue) full ingress and egress rights over a 30 foot wide strip of land that runs the entire length (610 feet) of the property. The size of this easement creates almost a 20% reduction in net buildable area, and causes the buildable area to be more narrow than it otherwise would be. Due to the presence of this easement and the practical inability to get rid of the easement due to the need of the adjoining landowner to continue using it, the Applicant is requesting to deviate from RMC Code Sections 17.28.030(D)(3)(a)(3) and 17.28.030(D)(12)(d)(3). On August 1, 2014, the applicant submitted a letter (attached as Exhibit "D ") justifying reasons why they should be granted the two variances. Section 17.28.030(D)(3)(a)(3) states: Residential parking shall be separate from commercial parking and accessed through a secured gated entrance. The access easement agreement specifically prohibits any impediment to access across the easement, such as a secured gate. Therefore no gating of the entirety of the residential portion of the property is possible. As set forth more fully below, the design of the residential portion is one of several "rows' of residences. The Applicant seeks a variance from the requirement that it gate the entire residential space and is instead proposing to completely secure each residential "row" of the development by incorporating the use of electronic vehicular gates, pedestrian gates, and decorative walls and fencing. Planning Commission Meeting September 15, 2014 Pape 5 of 37 Section 17.28.030(D)(12)(d)(3) states: Mixed -Use: High Density Residential/ Commercial shall be developed with forty (40) to sixty (60) dwelling units per acre and a maximum 2.0:1 FAR. The project shall consist of 75- percent residential and 25- percent commercial land use mix. Deviations from the land use percentage mix may be approved by the Planning Commission. As explained above, due to the presence of the easement the buildable area of the subject site is long and narrow. The presence of a large access easement is inconsistent with the state of otherwise- similar lots in this portion of the commercial district, and other lots do not even share a common driveway. Due to this unique circumstance, the Applicant is proposing to deviate from the minimum density requirement to develop the residential component at 24 units per gross acre, which with the reduced buildable acreage works out to approximately 30 units per net buildable acre. The project has the potential to create massing impacts if developed at 40 to 60 units per acre on this unique piece of land, because of the need to build a long and narrow building and avoid impacting the easement area. To comply with the strict requirements of the Rosemead Municipal Code, the Applicant would be required to develop a massive residential project, not be compatible with the scale and massing of adjacent buildings and not consistent with the site's context within the overall community. In addition, developing a project at the required density would almost certainly require the development of taller buildings, which may potentially create the request for a variance as to the Code's height limitations. Furthermore, it may also require substantial grading to create subterranean parking to accommodate the parking requirement for the additional units. The large access easement deprives the subject property from developing a normal mixed use project under the standards in the code. The development is of high quality and reflective of Rosemead's goals. For these reasons, the Variance requests are supported by staff. Proposed Floor Plans Commercial The floor plans submitted with this application show six (6) commercial units in the retail building. The project is designed with sufficient on -site parking to accommodate the commercial use, as shown in the table above and on the development plan. Residential There are two types of residential floor plans. Plan One includes a tandem two -car garage and a den on the first floor, a living room, dining room, kitchen, bedroom, closet, bathroom, balcony, and laundry facility on the second floor, and two bedrooms, each with a closet and bathroom on the third floor. Plan Two includes a two -car garage, bedroom, and laundry facility on the first floor, a living room, dining room, kitchen, bathroom, and balcony on the second floor, and two bedrooms, each with a closet and bathroom on the third floor. Plan Two also includes a private roof deck. The residential units range in size from 1,601 square feet to 1,765 square feet of living area. Planning Commission Meeting September 15, 2014 Page 6 of 37 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 south and west property lines. Parking and Circulation Access to the site would be provided via one driveway along Garvey Avenue. The Applicant is proposing surface and garage parking for the development. A total of 146 parking spaces would be provided, which includes 26 parking spaces for the retail building and 120 parking spaces for residential parking. In addition, the proposed project would also include 16 bicycle parking spaces. Traffic A traffic impact study (TIS) prepared by RK Engineering Group, Inc., dated July 16, 2014 (updated on August 21, 2014) was completed for the project. The study provides a summary of findings, analysis procedures, and evaluation of the proposed project with respect to on -sire and off -site traffic impacts. The study analyzes trip generation and level of service impacts upon three nearby intersections. The intersections studied are as follows: Sullivan Avenue at Garvey Avenue, Project Driveway at Garvey Avenue, and Garvey Community Center at Garvey Avenue. Based on the traffic study, the proposed project can be accommodated with the implementation of the improvements recommended in the study. The City's Traffic Consultant and Engineering Division have reviewed the TIS and several conditions of approval have been added to the project. Proposed Architecture: The Applicant has worked with the Planning Division in designing an aesthetically high quality project that meets the City's design goals for the MUDO -D overlay. The front fapade of the retail building has been designed to create visual interest at the street level. To promote active, pedestrian - friendly streets, each retail unit is oriented to and accessible from the Garvey Avenue and directly accessible from the public sidewalk. The main entrance of the building is highlighted through the use of a distinct corner element at the northeast corner of the retail building. To further enhance the building fagade, the Applicant is incorporating contrasting exterior finishes, metal screens, slate veneer, stucco trim, vertical ribbed siding, and canvas awnings. In addition, pedestrian amenities will be provided, which includes an outdoor plaza area with outdoor seating and bicycle racks. The Applicant is proposing a modern architectural design for the residential buildings, which are organized in 6 parallel rows behind the commercial building. The exterior Planning Commission Meeting September 15, 2014 Page 7 of 37 fagade of the residential buildings will consist of contrasting sand stucco finish in earth tone colors, horizontal wood siding, and vertical ribbed siding. The residential buildings will be accented with metal shade trellises, canvas awnings, stucco trims, and metal railings. Lighting 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. Staff has added conditions of approval, requiring that 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: • 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. 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 EEI Geotechnical and Environmental Solutions. The City's independent geotechnical and engineering geology consultants have reviewed the revised report and have deemed it acceptable as presented on August 21, 2014. Municipal Code Requirements Design Review Section 17.28.020(A)(1) 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 fagade or landscaping. Section 17.28.020(C) provides the criteria by which the Planning Commission may approve, approve with conditions, or disapprove an application: Planning Commission Meeting September 15, 2014 Pace 8 of 37 A. The plans indicate proper consideration for the relationship between the proposed structure and site developments that exist or have been approved for the general neighborhood, 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 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, conditions of approval have been incorporated which specifically addresses noise and lighting. All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. 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 (Ordinance 478 and 541). 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 buildings 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 commercial neighborhood by eliminating all existing dilapidated structures and nonconforming buildings and uses onsite. The Applicant has worked with the Planning Division in designing an aesthetically high quality project that meets the City's design goals for the MUDO -D overlay. The front fagade of the retail building has been designed to create visual interest at the street level. To promote active, pedestrian - friendly streets, each retail unit is oriented to and Planning Commission Meeting September 15, 2014 Pape 9 of 37 accessible from the Garvey Avenue and directly accessible from the public sidewalk. The main entrance of the building is highlighted through the use of a distinct corner element at the northeast comer of the retail building. To further enhance the building fapade, the Applicant is incorporating contrasting exterior finishes, metal screens, slate veneer, stucco trim, vertical ribbed siding, and canvas awnings. In addition, pedestrian amenities will be provided, which includes an outdoor plaza area with outdoor seating and bicycle racks. The Applicant is proposing a modern architectural design for the residential buildings. The exterior fapade of the residential buildings will consist of contrasting sand stucco finish in earth tone colors, horizontal wood siding, and vertical ribbed siding. The residential buildings will be accented with metal shade trellises, canvas awnings, stucco trims, and metal railings. 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 fapade with higher quality materials, a design that blends better with the area, and greatly improved landscaping and parking lot area. 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 fapade 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 most 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. The Applicant has submitted two Zone Variance applications to deviate from Code Sections 17.28.030 (D)(3)(a)(3) and 17.28.030(D)(12)(d)(3). Planning Commission Meeting September 15, 2014 Pape 10 of 37 F. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaires 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 that meets the City's design goals for the MUDO -D overlay. The front facade of the retail building has been designed to create visual interest at the street level. To promote active, pedestrian - friendly streets, each retail unit is oriented to and accessible from the Garvey Avenue and directly accessible from the public sidewalk. The main entrance of the building is highlighted through the use of a distinct corner element at the northeast corner of the retail building. To further enhance the building facade, the Applicant is incorporating contrasting exterior finishes, metal screens, slate veneer, stucco trim, vertical ribbed siding, and canvas awnings. In addition, pedestrian amenities will be provided, which includes an outdoor plaza area with outdoor seating and bicycle racks. Access to the site would be provided via one driveway along Garvey Avenue. The Applicant is proposing surface and garage parking for the development. A total of 146 parking spaces would be provided, which includes 26 parking spaces for the retail building and 120 parking spaces for residential parking. In addition, the proposed project would also include 16 bicycle parking spaces. All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Staff has added conditions of approval, requiring that 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. Zone Variance An applicant must obtain a Zone Variance in order to create a development that does not meet the minimum standards. Section 17.140.040 of the Rosemead Municipal Code (RMC) sets criteria required for granting such a variance. All of the following findings shall be made by the Planning Commission in conjunction with the approval of a Variance: A. There are special circumstances or conditions applicable to the subject property (such as location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning district; The subject site is a unique piece of land. There is a large access easement which totals 18,474 square feet. The easement allows the neighboring property Planning Commission Meeting September 15, 2014 Pape 11 of 37 owner to the east (9056 Garvey Avenue) full ingress and egress rights over a 30 foot wide strip of land that runs the entire length (610 feet) of the property and eliminates almost 20% of the gross square footage of the parcel from the buildable square footage. This creates both a unique shape to the buildable area and distinguishes the lot from other parcels along the commercial district, as other lots do not even share a common driveway, much less have large portions dedicated to the access needs of adjacent parcels. 1. Due to the special circumstance of the large access easement, the Applicant is requesting to deviate from RMC Section 17.28.030(D)(3)(a)(3) and proposing to completely secure the residential portion of the development by incorporating the use of electronic vehicular gates, pedestrian gates, and decorative walls and fencing for the residential area as a whole but also for each residential row's drive aisle. 2. Due to the special circumstance of the large access easement, the Applicant is proposing to deviate from RMC Section 17.28.030(D)(12)(d)(3) to develop the residential component at 24 units per gross acre, or approximately 30 units per net buildable acre. B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning district; Due to the large access easement agreement, strict compliance with RMC Section 17.28.030(D)(3)(a)(3) would prevent the property from being developed and deprive the owner of privileges enjoyed by other properties in the vicinity in the same zoning district. In consideration for the variance, the Applicant will incorporate the use of electronic vehicular gates, pedestrian gates, and decorative walls and fencing, eliminating the deprivation without granting any special privilege. 2. Due to the large access easement, strict compliance with RMC Section 17.28.030(D)(12)(d)(3) would cause the development to be inconsistent with the character of the neighborhood and with the RMC requirements for future development of the neighborhood. Specifically the dedication of 20% of the gross areas of the property has created a buildable area that is long and narrow, and strict compliance with the minimum density requirement would result in an awkward development that would necessarily have massing and design issues that negatively affect the neighborhood. This eliminates the ability to build out the parcel in the same manner as other properites in the vicinity and under the same zoning district. Planning Commission Meeting September 15, 2014 Paae 12 of 37 C. Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and The subject site is a unique piece of land. There is a large access easement which totals 18,474 square feet. The easement allows the neighboring property owner to the east (9056 Garvey Avenue) full ingress and egress rights over a 30 foot wide strip of land that runs the entire length (610 feet) of the property. The size of this easement creates almost a 20% reduction in buildable area. In addition, the large access easement is inconsistent with the lots along the commercial district, as other lots do not share a common driveway. There is no special privilege granted by these variances, as each is necessary for the property to be developed as a mixed -use project due to the limitations that are placed on the property by the access easement. In addition, the applicant has agreed to conditions that will completely eliminate any grant of special privilege. 1. Deviation from RMC Section 17.28.030(D)(3)(a)(3) does not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated, because the deviation is necessary due to the terms of the access easement and the the Applicant has agreed to enhance the gating and fencing for the project by incorporating the use of electronic vehicular gates, pedestrian gates, and decorative walls and fencing. 2. Deviation from RMC Section 17.28.030(D)(12)(d)(3) would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated, as this property is long and narrow and developed with a large access easement, such that a mixed -use project as anticipated by the RMC would not be possible to build on the parcel without the project having either massing that would take it out of conformity with the neighborhood as built and with the standards and purposes of the RMC MUDO -D zone or other variances to alleviate barriers to development, or both. D. The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel. The subject site is located in the C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay) zone and the residential /commercial mixed use project is permitted. 1. The residential use is explicitly permitted, and only the design details of the fencing are being modified. No disallowed use is being proposed. Planning Commission Meeting September 15, 2014 Pace 13 of 37 2. The residential use is explicitly permitted and only the density is being changed, to take into account the unique condition of the buildable square footage of the property. No disallowed use is being proposed. PUBLIC NOTICE PROCESS On September 4, 2014, twenty -one (21) notices were sent to property owners within a 300 -feet radius from the subject property, in addition to notices posted in six (6) public locations, on -site, and published in the Rosemead Reader on September 4, 2014. Prepared by: Lily Ff Associate Planner EXHIBITS: A. Planning Commission Resolution No. 14 -12 B. Conditions of Approval C. Site Plan /Floor Plan /Elevations D. Variance Justification Letter E. Assessor's Parcel Map (5282- 026 -048 & 049) Submitted by: (VAUJ�44h�, Michelle Ramirez J Community Development Director Planning Commission Meeting September 15, 2014 Pace 14 of 37 EXHIBIT "A" PC RESOLUTION 14 -12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 14 -06, ZONE VARIANCE 14 -02, ZONE VARIANCE 14 -03, AND TENTATIVE TRACT MAP 72871 FOR THE CONSTRUCTION OF A NEW RESIDENTIAL/COMMERCIAL MIXED USE DEVELOPMENT COMPROSED OF A 6,500 SQUARE FOOT RETAIL BUILDING AND 48 RESIDENTIAL UNITS. THE SUBJECT SITE IS LOCATED AT 9048 GARVEY AVENUE IN THE C -3 MUDO -D (MEDIUM COMMERCIAL WITH A MIXED USE AND DESIGN OVERLAY) ZONE (APN: 5282 -026 -048 & 049). WHEREAS, on April 22, 2014, Matt Hamilton of Preface, l submitted entitlement applications for the construction of a new residential /commercial mixed use development. The project is located at 9048 Garvey Avenue; and WHEREAS, 9048 Garvey Avenue is located in the C -3 MUDO -D (Medium Commercial with Mixed Use and Design Overlay) zone, and WHEREAS, Section 17.28.020(A)(1) & Section 17.28.020(C) of the Rosemead Municipal Code (RMC) provides the purpose and criteria for a design review; and WHEREAS, Section 17.140.040 of the Rosemead Municipal Code (RMC) sets criteria required for granting such a variance; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Sections 17.28.020(C) and 17.140.040 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or disapprove design review applications, and WHEREAS, on September 4, 2014, twenty -one (21) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in six (6) public locations and onsite, specifying the availability of the application, plus the date, time, and location of the special public hearing for Design Review 14 -06, Zone Variance 14 -02, Zone Variance 14 -03, and Tentative Tract Map 72871, and on September 4, 2014, the notice was published in the Rosemead Reader; and WHEREAS, on September 15, 2014, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 14 -06, Zone Variance 14 -02, Zone Variance 14 -03, and Tentative Tract Map 72871, and Planning Commission Meeting September 15, 2014 WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that Design Review 14 -06, Zone Variance 14 -02, Zone Variance 14 -03, and Tentative Tract Map 72871 are Categorically Exempt from environmental review as a Class 32 Exemption pursuant to Section 15332 of the California Environmental Quality Act (CEQA) guidelines. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 14 -06 in accordance with Section 17.28.020(C) of the Rosemead Municipal Code as follows: A. The plans indicate proper consideration for the relationship between the proposed building and site developments that exist or have been approved for the general neighborhood, FINDING: The 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 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, conditions of approval have been incorporated which specifically addresses noise and lighting. All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. 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 (Ordinance 478 and 541). Conditions of Planning Commission Meeting September 15, 2014 Paoe 16 of 37 approval will specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting, and the overall maintenance of the property. C. Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated, and FINDING: The proposed project will improve the physical appearance of the commercial neighborhood by eliminating all existing dilapidated structures and nonconforming buildings and uses onsite. The Applicant has worked with the Planning Division in designing an aesthetically high quality project that meets the City's design goals for the MUDO -D overlay. The front facade of the retail building has been designed to create visual interest at the street level. To promote active, pedestrian - friendly streets, each retail unit is oriented to and accessible from the Garvey Avenue and directly accessible from the public sidewalk. The main entrance of the building is highlighted through the use of a distinct corner element at the northeast corner of the retail building. To further enhance the building facade, the Applicant is incorporating contrasting exterior finishes, metal screens, slate veneer, stucco trim, vertical ribbed siding, and canvas awnings. In addition, pedestrian amenities will be provided, which includes an outdoor plaza area with outdoor seating and bicycle racks. The Applicant is proposing a modern architectural design for the residential buildings. The exterior facade of the residential buildings will consist of contrasting sand stucco finish in earth tone colors, horizontal wood siding, and vertical ribbed siding. The residential buildings will be accented with metal shade trellises, canvas awnings, stucco trims, and metal railings. 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 facade with higher quality materials, a design that blends better with the area, and greatly improved landscaping and parking lot area. 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 Planning Commission Meeting September 15, 2014 Page 17 of 37 building fapade 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 most 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. The Applicant has submitted two Zone Variance applications to deviate from Code Sections 17.28.030 (D)(3)(a)(3) and 17.28.030(D)(12)(d)(3). 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 that meets the City's design goals for the MUDO -D overlay. The front fapade of the retail building has been designed to create visual interest at the street level. To promote active, pedestrian - friendly streets, each retail unit is oriented to and accessible from the Garvey Avenue and directly accessible from the public sidewalk. The main entrance of the building is highlighted through the use of a distinct corner element at the northeast corner of the retail building. To further enhance the building fapade, the Applicant is incorporating contrasting exterior finishes, metal screens, slate veneer, stucco trim, vertical ribbed siding, and canvas awnings. In addition, pedestrian amenities will be provided, which includes an outdoor plaza area with outdoor seating and bicycle racks. Access to the site would be provided via one driveway along Garvey Avenue. The Applicant is proposing surface and garage parking for the development. A total of 146 parking spaces would be provided, which includes 26 parking spaces for the retail building and 120 parking spaces for residential parking. In addition, the proposed project would also include 16 bicycle parking spaces. All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Staff has added conditions of approval, requiring that 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. SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 14 -06 in accordance with Section Planning Commission Meeting September 15, 2014 Peas 18 of 37 17.140.040 of the Rosemead Municipal Code as follows: A. There are special circumstances or conditions applicable to the subject property (such as location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning district, FINDING: The subject site is a unique piece of land. There is a large access easement which totals 18,474 square feet. The easement allows the neighboring property owner to the east (9056 Garvey Avenue) full ingress and egress rights over a 30 foot wide strip of land that runs the entire length (610 feet) of the property and eliminates almost 20% of the gross square footage of the parcel from the buildable square footage. This creates both a unique shape to the buildable area and distinguishes the lot from other parcels along the commercial district, as other lots do not even share a common driveway, much less have large portions dedicated to the access needs of adjacent parcels. 1. Due to the special circumstance of the large access easement, the Applicant is requesting to deviate from RMC Section 17.28.030(D)(3)(a)(3) and proposing to completely secure the residential portion of the development by incorporating the use of electronic vehicular gates, pedestrian gates, and decorative walls and fencing for the residential area as a whole but also for each residential row's drive aisle. 2. Due to the special circumstance of the large access easement, the Applicant is proposing to deviate from RMC Section 17.28.030(D)(12)(d)(3) to develop the residential component at 24 units per gross acre, or approximately 30 units per net buildable acre.. B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning district, FINDING: Due to the large access easement agreement, strict compliance with RMC Section 17.28.030(D)(3)(a)(3) would prevent the property from being developed and deprive the owner of privileges enjoyed by other properties in the vicinity in the same zoning district. In consideration for the variance, the Applicant will incorporate the use of electronic vehicular gates, pedestrian gates, and decorative walls and fencing, eliminating the deprivation without granting any special privilege. Due to the large access easement, strict compliance with RMC Section 17.28.030(D)(12)(d)(3) would cause the development to be inconsistent with the character of the neighborhood and with the RMC requirements for future development of the neighborhood. Specifically the dedication of 20% of the gross areas of the property has created a buildable area that is long and narrow, and strict compliance with Planning Commission Meeting September 15, 2014 Page 19 of 37 the minimum density requirement would result in an awkward development that would necessarily have massing and design issues that negatively affect the neighborhood. This eliminates the ability to build out the parcel in the same manner as other properites in the vicinity and under the same zoning district. C. The proposed building or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing buildings or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value; FINDING: The subject site is a unique piece of land. There is a large access easement which totals 18,474 square feet. The easement allows the neighboring property owner to the east (9056 Garvey Avenue) full ingress and egress rights over a 30 foot wide strip of land that runs the entire length (610 feet) of the property. The size of this easement creates almost a 20% reduction in buildable area. In addition, the large access easement is inconsistent with the lots along the commercial district, as other lots do not share a common driveway. There is no special privilege granted by these variances, as each is necessary for the property to be developed as a mixed -use project due to the limitations that are placed on the property by the access easement. In addition, the applicant has agreed to conditions that will completely eliminate any grant of special privilege. 1. Deviation from RMC Section 17.28.030(D)(3)(a)(3) does not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated, because the deviation is necessary due to the terms of the access easement and the the Applicant has agreed to enhance the gating and fencing for the project by incorporating the use of electronic vehicular gates, pedestrian gates, and decorative walls and fencing. 2. Deviation from RMC Section 17.28.030(D)(12)(d)(3) would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated, as this property is long and narrow and developed with a large access easement, such that a mixed -use project as anticipated by the RMC would not be possible to build on the parcel without the project having either massing that would take it out of conformity with the neighborhood as built and with the standards and purposes of the RMC MUDO -D zone or other variances to alleviate barriers to development, or both. D. The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel. FINDING: The subject site is located in the C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay) zone and the residential /commercial mixed use project is permitted. Planning Commission Meeting September 15, 2014 Pane 20 of 37 1. The residential use is explicitly permitted, and only the design details of the fencing are being modified. No disallowed use is being proposed. 2. The residential use is explicitly permitted and only the density is being changed, to take into account the unique condition of the buildable square footage of the property. No disallowed use is being proposed. SECTION 4. The Planning Commission HEREBY APPROVES Design Review 14 -06, Zone Variance 14 -02, Zone Variance 14 -03, and Tentative Tract Map 72871 for the construction of a new residential /commercial mixed use development, subject to the Conditions of Approval attached hereto. SECTION 5. This resolution is the result of an action taken by the Planning Commission on September 15, 2014, by the following vote: YES: NO: ABSTAIN: ABSENT: 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 15`n day of September, 2014. Nancy Eng, Chair Planning Commission Meeting September 15, 2014 Pace 21 of 37 CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 15" day of September by the following vote: YES: NO: ABSTAIN: ABSENT: Michelle Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams 6 Sorensen, LLP Planning Commission Meeting September 15, 2014 Page 22 of 37 EXHIBIT "B" DESIGN REVIEW 14 -06, ZONE VARIANCE 14 -02, ZONE VARIANCE 14 -03, AND TENTATIVE TRACT MAP 72871 CONDITIONS OF APPROVAL September 15, 2014 1. Design Review 14 -06, Zone Variance 14 -02, Zone Variance 14 -03, and Tentative Tract Map 72871 are approved for the construction of a new residential /commercial mixed use development, in accordance with the plans marked Exhibit "C', dated August 28, 2014. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. Approval of Design Review 14 -06, Zone Variance 14 -02, Zone Variance 14 -03, and Tentative Tract Map 72871 shall not take effect for any purpose until the Applicant has filed with the City of Rosemead a notarized affidavit stating that he /she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval date. 3. The onsite public hearing notice posting shall be removed by the end of the 10- day appeal period of Design Review 14 -06, Zone Variance 14 -02, Zone Variance 14 -03, and Tentative Tract Map 72871. 4. Design Review 14 -06, Zone Variance 14 -02, Zone Variance 14 -03, and Tentative Tract Map 72871 are approved for a period of one (1) year. The Applicant shall commence the proposed use or request an extension within 30- calendar days prior to expiration. The one (1) year initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If Design Review 14 -06, Zone Variance 14 -02, Zone Variance 14 -03, and Tentative Tract Map 72871 have been unused, abandoned, or discontinued for a period of one (1) year it shall become null and void. 5. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications. 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 72347is granted or approved with the City and its Planning Commission and City Council retaining and reserving Planning Commission Meeting September 15, 2014 Page 23 of 37 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, 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 14 -06, Zone Variance 14- 02, Zone Variance 14 -03, and Tentative Tract Map 72871. 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. 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. 11 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. Planning Commission Meeting September 15, 2014 Paae 24 of 37 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 (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 spaces 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 inspection. 23. Prior to issuance of grading permits, the Applicant shall comply with the City's storm water ordinance and storm water mitigation plan requirements with respect to the proposed project. Planning Commission Meeting September 15, 2014 Pate 25 of 37 24. Prior to issuance of any building permit related to this project, the Applicant shall prepare Covenant Conditions and Restrictions (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 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 spaces, open space and recreational areas. All applicable City Attorney fees shall be at the responsibility of the Applicant. 25. The Applicant shall include provisions in the CC &R's to provide maintenance of all building improvements, on -grade parking and landscaping, and maintenance of the driveway, 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 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: • Designated parking for customers and employees. • Parking permit procedures for overnight guest parking. Every homeowner shall be allowed to keep up to two (2) vehicles on the premises. The parking monitor /security guard shall be responsible for issuing overnight guest parking permits when there are excess parking spaces available. Employee parking shall be restricted to the retail parking areas only. 28. 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. 29. Prior to the issuance of any sign permit, the Applicant shall submit a Master Sign Planning Commission Meeting September 15, 2014 Page 26 of 37 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. 30. 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. 31. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. 32. 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: • 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. 33. Exterior glass to be used for the project shall be subject to review and approval by the Community Development Director. No exterior glass shall be approved if it creates significant light and glare spillage to adjacent properties or highways. 34. 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. Engineering Conditions of Approval GENERAL 35. Details shown on the tentative map are not necessarily approved. Any details which are inconsistent with requirements of ordinances, general conditions of approval, or City Engineer's policies must be specifically approved in the final map or improvement plan approvals. Planning Commission Meeting September 15, 2014 Page 27 of 37 36. 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 fled with the County Recorder. 37. 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. 38. 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. 39. 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. 40. Comply with all requirements of the Subdivision Map Act. 41. 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. 42. 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. 43. 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. 44. 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. Planning Commission Meeting September 15, 2014 Pane 28 of 37 45. 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. 46. 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. 47. 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. 48. 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. 49. 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. 50. The project is greater than one acre; therefore, a Storm Water Pollution Plan is required. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board. When submitting the SWPPP for the City's review, please include the NOI and the Waste Discharger Identification (WDID) number. ROAD 51. 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. 52. All work proposed within the public right -of -way shall require permits from the Public Works Department. 53. Remove and replace existing curb and gutter from westerly property line to easterly property line. 54. Remove and replace sidewalk from westerly property line to easterly property line, minimum seven feet wide. 55. Remove and construct driveway approaches as indicated on the plans. Planning Commission Meeting September 15, 2014 Page 29 of 37 56. Remove existing trees and replace with 48- inches box min. Contact City Arborist for tree species recommendations. SEWER 57. Approval of this land division is contingent upon providing a separate house sewer lateral to serve each lot of the land division. 58. 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. 59. 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 60. All power, telephone and cable television shall be underground. 61. Any utilities that are in conflict with the development shall be relocated at the developer's expense. 62. 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 63. 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. Traffic Conditions of Approval 64. The applicant shall construct the on -site circulation system in substantial compliance to the site plan submitted in the traffic impact study. 65. Vehicle access shall be left turn in, right turn in, and right turn out only. Outbound left turns shall be prohibited by construction of a raised center median (See Traffic Impact Study Exhibit Q), and appropriate turn restriction signs to the satisfaction of the City. Planning Commission Meeting September 15, 2014 Paoe 30 of 37 66. A stop sign, stop bar, and stop legend shall be installed and maintained at the project exit. 67. The applicant shall be responsible for the design and modification of the existing raised center median on Garvey Avenue at the project driveway to prohibit outbound left turns. The median shall be constructed per City standards prior to occupancy of any buildings. 68. A sight distance analysis at the driveway along Garvey should be prepared. 69. All residential parking spaces shall be signed and marked as noted in the Traffic Impact Study (Exhibit O). 70. Radiused curbs shall be constructed on the raised planters adjacent to all parallel parking spaces and shall not extend deeper than 7 -feet from the inside edge of the parking space for improved parking access. Planning Commission Meeting September 15, 2014 Page 31 of 37 EXHIBIT " i PREFACE Augrot 1. 2014 City of Rosemead GO: Ldy Trinh. Assneiree Ple., 8838 East Valley Botdeeard Rosemead. CA 91770 RE: Variancejnstificitiou 9048 Garvey Aver n , Dear Lily CC land Project 10.. LLC is very excited to propose a mixed use project at 9048 Garvey Avenue to tee City of Rosrnrcad for approval. The project combines entail and for -salt residennal vus to create a eery mnp,11nig decelopvs ®t. Even though xc arc proposing Vivo minor variations to the zoning standards, efeel our proposed project mews the spun and Mont of the rvixca use overlay 20nc that gmxms the development it fhepmpnry. Plcasal Coddatlusleneras justification for the proposed variances in accordance xith Aosanead Municipal Code section 1Z140 Both variwees arc related to the large easement area that imp.st, almost 20% of the total to opery ama The casedisma. described belom, in both xaitten and graphic ford by the tide company. is in favor of du neighboring progenyo flaatat ro Garvey Avenue.Theadjacentpropertyhasre ingressand egress rights ors a the strip oEla t that rims the a oti Intglh of the properly. That are also public utility veins in the drive area that pant various utility companies the, r and, the casements eats have access rights. In addition to malting an they turn the b deep site even more n perry the casements mace y i major toacres on the property: they linut the buildable area of the property and drry, disallova any hcryediment ro access such es a fence or to An easement for the Puryosa shown eelo aN rights Ingdental thereto as set forth in a document er9nse. Ingress and egress Recorded. In Book 411111 and Page 247, of IN iorl Records. Aften, a Potion of said land a. A Pa41a1 Ouidaim PI sae easement in a Caroni SEPUlated Judgmett 9ub5ng Tile, Nun. Pre Tune, recorded AUgsdt 19, 20OB as InSWmem NO. 20091270456, Offioal Records + - Mo.afnv, a «aa„em, nest aw. n— con' raced. Cnti"id ve<ao IPI ass.Pee°ACI ;9 am. ldelsC2 hdr Paide..com Planning Commission Meeting September 15, 2014 Page 32 of 37 J - rase . rv`oJ eao Density Variance -n,c first .a ar ce is a slight ,dootion to midevtid density Rom the zotuug stvrdardz. IIu net bvlldeble area of the site is reduced fivm'_.53 to 2.10 aces due to the special evcomstarue presented by the inmess and ewers easement mentioned above. Iv accordance pith the RC -WDO Residential Lonmraclal 1fized Use Deselopmart Ovnlay that na buildable area is requ nd to be disided r>p bete® retail and residrntial. Un proposed division of 25 %nail and 75 % residential. tdrich is tire nuxinnmr allocation to residential allowed by code. mndts iv 7 <S acres for rezidev:ial da'elopmart. Regttirements for open space. pal�v¢ arrd a ttNr -aronrd as required by LA Comfy Fvx Deparurem hmha rcdtue the residrntid rea biddable area to approzinutely 1 acs. A ,.L o a net density for the residential pcm. of the site is acridly arowd 50 dtmlline onus per acr, This is m compliance With the C -3 Meth,.. Contvercial RC -MUDO Residential Convrercial Mixed Use Develoy.t Overlay..sMar 11 --lard I ?.29.030(D)(12)(d)(3) ,Idch ccquircs a dervry of 40 runt per awe. However. caladatm¢ the d<nsi[y based on the woss site area results m a dcnsiry that is less than du regnvcd 40 writs per acre. Sorter compliance tsith the zrrdna standard tvordd force rwwv milts ono a relatively mull site area This world trrz. the twits.'odd need to be eery mull or du bruidwas tvodd recd to be vc, tall ht order to fit in the r ,p.c,d ntmrba ef4mits. Eirha semario wvdd dcprivx the property of bvable. fnurcDi 1. �rw Mocndnn evcie.e,c. svnsax. Newwr aeec0. coftww. vscw [ =I ass.raa:nce I - ^, aza. era- ACE !wl acacecom Planning Commission Meeting September 15, 214 Page 33 of 37 affordable hones that could be constructed on other properties in the saw, vicinity and zone that do not have the special cirawutwme fthe easement Please note the ere not rcquestive rmy special pnvil,xs such as an increase to the allomablc density. Nor are the regne,nng a nso that is inconsistent With the zodng standards. We are simply regncstmg a shun decrease in the do,,able density, as nea,ucd on aces site area. in order to build a project that ,ill be an asset to the counnuuiry. We cspcct that the proposed torinhomes sill appeal to a nvltitude of howcc,%um. fiom ywmg collides to cmpry- nesters. The three story buddinn, with fowth floor roof decks. preside the appearance of mass and density that meets the spirit and intent of the overlay zone. The shg!n redaction m density provides many benefits to the overall project, steh as were active and Passive cowrnon areas more ptisale open space. more spacious hones and less cchiculw traffic. The neighborhood also benefits due to the reduced impacts to the local reads, sersi,cs. schools and radnies. The proposed site plan alloy for a stand -alone retail btdldi avldch presides more flexibdry for the retail space in terms of lnuldin¢ design potential ones. tenant mix and tenant urrpr'oseruents. We feel the project achieves the optiunwr balance bem<cn crating a vibaut urban infill project and respecting the sunrounding commctmirv. Gating V. riaacr The second variance iz rcgmding standard 17, 18.030(D)(3)(a)(3) vdrich regnves a sccm'ed gored ammse for the residential parkur¢. On this particular site. this standud is impossible to mca dhe to the afore o,anioned access easement that runs nearly the entire length of the east side of the property. The shared drive easement creates a special cimmntance in that the easement xgreerew specifiwllyprohdats any impediment to access across the easement such as a gate. A pictwc of the easement dnve is shown <pa raocnnno, ao•,i.om, sate 330. Newaor leach cot�mmo. 12660 Ivl rss.aaEFACE iB a:<. vaernCE M1 cretoce com Planning Commission Meeting September 15, 2014 Paae 34 of 37 An overhead view of the eascnxnt drive aea is depicted helms. with the nm'ent access fission, identified with mows. Cmvendy there are so, different temsm, on the 9048 Garry property and each hacc their own access pour off the easement, The neighbor m, property at 9056 Garry has two access points, one at du front of die property and one at the rear. The easana,m essentially dictates the access point to Garvey Avenue for both properties. Due to the marrow width of the 9045 Gal propcm' a seconday access port off of Gavey is not feasible. The casemem essentially acts as a deabend public sneer that is invately maintained. Am to the easement sn at coruphamce with the zouwra standard is not possible and would prevcnt this property ham Vein, deweloped. However. tivongh creatile site plamvng we are able to provide a seemed gated entrance for the majority of the residemal parkim¢..4s shown on the below site plan, we arc proposing to complcteh• sectue, the residential portion of the project ilumrgh the me of sliding sehiadar Gates. pedesman gates and decorative walls and fencing. The three residential entrances off die easement will Vase vehicular ¢ate, and are identified with .11, an the below site plan. TI-m ilb the — of sliding Vies. we are able to secure all of the residential touts without mrpedin¢ on the easement area. Essentially. all of the 96 private residential parking spaces will be securely gated. The 24 re6dernial open guest parking spaces will not be gated. In addition to the secured patina and secured garages for the private residential paling spaces. the guest residential parking spaces will be delineated from the retail parking spaces with striping and simtage. All of the residential guest parking spaces will be conveniently located adjacent to die residential portion of 4 m macnnnor EoulercN vae an iaewoor, Decor, Cal lernla. 92660 JR] M PRE:FCE '_:l azn. PeEEnCE Iw' ptemce.corn Planning Commission Meeting September 15, 2014 Peoe 35 of 37 the project Covenants, crnrditiovs and resinetions (CCRR,) n'ill be established that fief er define the parkin¢ re¢Wations for the project TLe Lomeo,ner's association (H0.4) fa we tesideadal prniiou of the Project will provide ndorcwreut of the parking regnlatiom. We are not requesting any special prioileges -,"I are providing three avtonand sliclir, v ehiadar ¢,,a, and several secure pedesinen states. We are troll, the residential portion of the project butjvst arni t able to gate the guest parkin¢ spaces due to de special c re,anstance presented by the easement The proposed variance does not allom any activities or uses that a¢ ..tide of the zoning standards. We feel that this plan meets the intent of the code ,hill, maintaining air mrobstnected access dace for the neighboring property former. Every• resident mill have a device to repair, the sliding gate that secures the peioate alley Icahvg to their nvo cv artached ¢a,ag<. The slidiu¢ canes mill be motion activated lion, the onenim side. The eases Dill also Lace a Knox Box s}stem for entry by emn_eevry veldcles. Pere nnstc nuuaeevtevt cmnpany,ill also Lace a device to open the gates to peovmrodate trash pick rip. Findings her accordatroe,ith Rose recd Mmucipal Code section 1'.140. dsne are fora fnrdimes that need to be mde;ll couiimction crush the aanfune ofa wdauce. Ast=i=T'ofnclif ctinaaztdom'jnstification reeadiag both requested variances is oudhed in file below table. Fiadin huti6<aoar- Density Justification - GatLee There ate special enemata nccs The hrae" ernes cxscneat The ivg,ess circa easerrrevf or condition, applicable to die creates a special ch'ationnce creates a special cocumrsnmce snbi act prroperty (such as that svbnantia117 rediues the that presents rcsirinmg access location. shape. size, biddable area as well as creates a across the easement mill a gate . sruroeadivgs. topostmphy. or deep. furrow parcel that is The special cocimutanec is other physical fearu'es, etc.) that unique to this property. The related to the site cosier tll do not apply gnerally to other special circumstance is related to as ,ell as the existine condition properties in de deioire under an the site covfigrration as vdl as presented by the neighboring idnntical zorin2 district the existing comdimpan presented facility and does not exist on by the neiglnbming facility and other properties, . does not exist aim other similar Stria covrpliancc aith Zorwre Street corvpliance oo -oald resdt in Stan conrphance is impossible. Code vegvonuents woudd ve" swill routs or very tall The site could not be redevel,ed deprive the snblect property of buildings that mould not he and .nerd rennin o dilapidne& prii,hops enjoyed by other functional, affordable or livable underperforming conumacial property in the vichuty and rntder as compared to other sinular Propem-. In contrast other midentical,r,re district properties. sinula propenies could be developed iv acemdance o.,in the Zovinst Code. Ap, pving the Variance would A slight reduction at density tine We al, still gating the residential art conaitnte a mans rf special to the routine Innation presented portion of the property through a privilege oeonsistent with the by the access easrnrnn is not a combhutlen of vchicNar and Ionization, on other properties in specal prioinegc. We are pedestrian pates. No special the same vicanity and zone in regn.orng to bind ferca units privilege is being sraated. , Inch the subject property is than "hat other similar Properties Instead of one ¢er, as other era eecoanho, eowc.D,d acre 330, r<ewport Beach, CDlilomf, 92660 Ion esS.PrEICe 19 era. Irene pal preface spot Planning Commission Meeting September 15, 2014 Please contact nre it) on bate Say questions regardurg dre proposed variances or need additional urfomrno.r, R4 sincerely appreciate the Cut's consideration on dris nraner and look fonevd m the upconilng public hcwvrg, Matt H.ttIton OC Land Pior1w 10. LLC , ,Me, , L, B.,'evartl. SOLe Mc, I,—. 1W Be Ih, CaGtomio. 12660 [1] MS. REFICE [r, U4< eFnCE IWI Pier. cac om are able w build. which typically sin m properties could install. rsnrrld be considered a tre are insralliug several Vt. dibodtantegc to the subject due Io tore special chcwvst.e. Property . d %7.ierme rmuld Fth. No rrrtarrd orized actisines or No mtaudronzed acn ties m use or acrivity ilv�t is scs are conteurpUtcd. The uses are contenrpUtcd. Eae c expressly pmject,'it be a ndxed use prejoet,,Il be a nilxed use y the reeulatiovs dun dopruent m accordance with dccehporemt io ao,ord.v a ith e subject pared the zoning standards. the zoom¢ standards. Scavc 2t=g,id be provided for the e,,deritial portion of the nnj<et. Please contact nre it) on bate Say questions regardurg dre proposed variances or need additional urfomrno.r, R4 sincerely appreciate the Cut's consideration on dris nraner and look fonevd m the upconilng public hcwvrg, Matt H.ttIton OC Land Pior1w 10. LLC , ,Me, , L, B.,'evartl. SOLe Mc, I,—. 1W Be Ih, CaGtomio. 12660 [1] MS. REFICE [r, U4< eFnCE IWI Pier. cac om Planning Commission Meeting September 15, 2014 Page 37 of 37 EXHIBIT "E" 5282 26 scum =wO� I ROSEMEAD PL. GARVEY I I SULLIVAN AVE. AVE. W Q w I I k _ I I I LOT 4 rz1 o fi d O I �_ °' SUBJEC -- -- SITE a � a �Tftl /I V ____________ N cc F w n > I j ¢ zn rs ✓� w" -� CODE TRACT NO. 830 ]985 M. B. IB -117