CC - 2015-01 - Approving Design Review 12-05, General Plan Amendment 12-02 Tentative Track Map 72529 and Proposed Alley Vacation for the Construction of A New Residential/Commercial Mixed-Use Development Comprised of 15,553 Square FeetRESOLUTION 2015 -01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING DESIGN REVIEW 12 -05, GENERAL PLAN AMENDMENT
12 -02, TENTATIVE TRACT MAP 72529, AND PROPOSED ALLEY
VACATION FOR THE CONSTRUCTION OF A NEW
RESIDENTIAL /COMMERCIAL MIXED -USE DEVELOPMENT
COMPRISED OF 15,553 SQUARE FEET OF RETAIL /RESTAURANT
SPACE AND SIXTY (60) RESIDENTIAL`UNITS FOR A TOTAL BUILT
AREA OF 70,162 SQUARE FEET. THE SUBJECT SITE IS LOCATED
AT 7801 -7825 GARVEY AVENUE, 3012 DEL MAR AVENUE, AND 3017
BRIGHTON STREET IN THE C -3 (MEDIUM COMMERCIAL) AND R -2
(LIGHT MULTIPLE RESIDENTIAL) ZONE (APN's: 5287 - 039 -001, 002,
003, 004, 005, 011).
WHEREAS, on December 19, 2012, Gerard Ngo submitted entitlement
applications for the construction of a new residential /commercial mixed -use
development comprised of 15,553 square feet of retail /restaurant space and 60
residential units for a total built area of 70,162 square feet. The project is located at
7801 -7825 Garvey Avenue, 3012 Del Mar Avenue, and 3017 Brighton Street; and
WHEREAS, the applicant has requested development incentives, pursuant to
Section 65915 of the California Government Code, for reduced parking in order to set
aside twenty (20) percent of the proposed residential condominiums to persons or
households of low- income as defined in Section 50093 of the Health and Safety Code;
and,
WHEREAS, Section 65358 of the California Government Code allows the City
Council, as the legislative body, to amend all or part of the City's adopted General Plan
when it is deemed in the public interest; 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, Sections 66473.5 and 66474 of the California Government Code
(Map Act) and 16.08.130 of the Rosemead Municipal Code specify the criteria by which
a subdivision map may be granted; and
WHEREAS, Sections 66451 et seq. of the California Government Code (Map
Act) and Section 16.08.130 of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve or deny tentative subdivision maps; and
WHEREAS, Section 65300 et seq. of the California Government Code sets
standards for each City to prepare, adopt, and amend a comprehensive general plan.
This plan coordinates the long -term physical development goals and objectives of the
City. Government Code Sections 65860, 66473.5 and 66474 require that day -to -day
development decisions, such as zoning and land subdivisions should be consistent with
the General Plan.
WHEREAS, on December 15, 2014, the Planning Commission considered the
Mitigated Negative Declaration and Mitigation Monitoring Program that was prepared for
the proposed project, along with agency comments and public testimony. The Planning
Commission concurred with the findings of the Mitigated Negative Declaration for the
proposed mixed -use development, finding that no potentially significant environmental
impacts could occur with the proposed development; and,
WHEREAS, on December 15, 2014, the Planning Commission held a duly
noticed and advertised public hearing to receive oral and written testimony relative to
various entitlement requests for the proposed mixed -use project; and,
WHEREAS, on December 15, 2014, the Planning Commission of the City of
Rosemead, recommended that the City Council consider a Mitigated Negative
Declaration as the environmental clearance for Design Review 12 -05, General Plan
Amendment 12 -02, and Tentative Tract Map 72529; and
WHEREAS, on April 16, 2015, 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, and published in the Rosemead Reader, specifying
the availability of the application, plus the date, time and location of the public hearing
pursuant to California Government Code Section 65091(a)(3); and
WHEREAS, on April 28, 2015, the City Council fully studied the proposed Design
Review 12 -05, General Plan Amendment 12 -02, and Tentative Tract Map 72529,
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 12 -05 in accordance with Section
17.72.030 et seq., of the Rosemead Municipal Code as follows:
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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 Staff's 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 aesthetics of the prominent
corner by establishing a mixed -use development of high architectural quality. The
improvements to the site, in terms of new construction, landscape, and hardscape will
provide a marked improvement over the existing appearance of the intersection of
Garvey Avenue and Del Mar Avenue.
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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: The 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 southwest and southeast corners of the building.
In addition, various elements have been added to provide architectural interest to the
design, such as the water features and potted plants along the front elevation, the use
of contrasting exterior finishes and stone veneer at the base of the building. The subtle
details of common open spaces and pedestrian - scaled architectural elements echo the
modern design aspect for this mixed -use development.
Section 2. General Plan Consistency with State Law Determination. The City
Council finds that the Rosemead General Plan Amendment as proposed is consistent
with the requirements of State law governing general plans.
A. Land Use: The General Plan Land Use Designation of the subject site is
currently Commercial and Medium Density Residential. However, with implementation
of the zone change, which proposes a Mixed -Use: High Density Residential /Commercial
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Land Use Designation with a maximum density of 60 dwelling units per acre and
maximum floor -area ratio of 2.0:1. The project site area consists of 1.14 acres. With a
total of 60 residential dwelling units and 1.61 acres of total floor area, the project is
consist with the Land Use Element of the General Plan.
B. Circulation: The proposed project will result in an increase in vehicle trips
from the proposed residential and commercial land uses of the mixed -use project. With
the incorporation of mitigation measures, this increase will not result in significant
environmental impacts upon the Level of Service of surrounding street intersections and
project entry driveways, and will not adversely affect surrounding properties. The
proposed project will provide adequate off - street parking, including two levels of
subterranean parking and one level of surface parking, to serve the parking needs of
future residents and patrons and minimize traffic - related impacts upon the
neighborhood.
C. Housing: The proposed project is consistent with the City of Rosemead
Housing Element, which seeks to provide a variety of housing types for the various
demographics of the community. The proposed development will provide 60 new
residential dwelling units, including 9 designated low- income condominium units.
D. Resource Management: The proposed development is located in a
developed urban area, and as such, will not result in any significant impact upon natural
resources. With the incorporation of mitigation measures, such as building setback and
landscaping, the proposed building will have a less than significant impact upon the
aesthetics from adjoining properties.
E. Noise: This development will not generate any significant permanent
impacts to the noise levels of the surrounding area. The proposed project will result in
additional pedestrian and vehicular traffic noises, but is not considered to be substantial.
There will be a temporary increase in ambient noise levels above the existing levels due
to the presence of heavy equipment and trade personnel during construction activities.
All construction work will be required to comply with the defined timeframe and City's
Noise Ordinance. All mechanical equipment will be designed to minimize noise impacts
on adjoining properties.
F. Public Safety: The proposed development will allow the construction of
residential and commercial uses in a developed urbanized area where there are no
known public safety concerns. The site is not located in a seismic safety zone, and the
entire City of Rosemead is located in Flood Zone C (flood insurance is not mandatory)
and is free from any flood hazard designations. The project will be designed to meet the
latest Building Code and Fire Code to maximized public safety of the site.
Section 3. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts
do exist to justify approving Tentative Tract Map 72529; according to the criteria of
Section 16.08.130 of the Rosemead Municipal Code as follows:
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A. The proposed division will not be materially detrimental to the public
welfare nor injurious to the property or improvements in the immediate vicinity.
FINDING: The proposed division will not have any foreseeable, materially
detrimental impacts on the surrounding area. The proposed project will enhance the
aesthetics of the immediate vicinity and potentially increase the property values of the
neighborhood. The improvements to the landscape and hardscape of the site will
enhance the overall appearance of the surrounding area.
B. The proposed division will not be contrary to any official plan adopted by
the City Council; or to any official policies or standards adopted by the City Planning
Commission or the City Council and on file in the office of the City Clerk at or prior to the
time of filing of the application hereunder.
FINDING: The proposed project was not a part of any official plan at the time of
filing of the application. The proposed project consisted of concurrent application filings
for a General Plan Amendment and Zone Change, to ensure that the project is consist
with the General Plan and Zoning Plan. The proposed subdivision will be consistent with
the purpose of Chapter 16.08 of the Rosemead Municipal Code, Minor Subdivisions, in
that it will be in compliance with the official land use zoning plan of the City and any
other applicable design standards.
C. Each proposed parcel conforms in area and dimension to the provisions of
zoning and subdivision requirements of the City.
FINDING: The proposed subdivision will conform to all applicable zoning and
subdivision requirements of the City in area and dimension. The C -3 (Medium
Commercial) zone development standards do not provide minimum or maximum
standards for lot area or dimensions. The RCMUDO (Residential /Commercial Mixed -
Use Development Overlay) zone development standards require a minimum of thirty
thousand (30,000) square feet of lot area, with no lot dimension requirement.
Accordingly, the proposed project site consists of 49,850 square feet.
D. All streets, alleys and driveways proposed to serve the property have
been dedicated or such dedication is not required for the protection of public safety,
health and welfare and that such streets, alleys and driveways are of sufficient width,
design and construction to preserve the public safety and to provide adequate access
and circulation for vehicular and pedestrian traffic.
FINDING: The applicant has proposed driveways with sufficient dimensions to
provide adequate access and circulation for vehicles and pedestrians. Access to the
parking areas of the site will be provided on Del Mar Avenue and Brighton Street,
splitting the vehicular traffic associated with the proposed project. Additionally, the
proposed project includes a dedication to enlarge the public right -of -way. The alley to
the north of the site, between Del Mar Avenue and Brighton Street, will be vacated.
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E. All easements and covenants required for the approval of the tentative
map or plot plan have been duly executed and recorded.
FINDING: The proposed subdivision will not require any easements or
covenants for the approval of the tentative map. The site will have direct access from
the public right -of -way.
Section 4. The Mayor shall sign this resolution and the City Clerk shall attest to
the adoption thereof.
PASSED, APPROVED AND ADOPTED this 28th day of April, 2015
Margar4f Clark, Mayor
City of Rosemead, California
ATTEST:
loria Molleda, City Clerk
City of Rosemead, California
APPROVED AS TO FORM:
c ibI Richman, City Attorney
Burke, Williams & Sorensen, LLP
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EXHIBIT "A"
(CC Resolution 2015 -01)
Design Review 12 -05, General Plan Amendment 12 -02, Zone Change 12 -02, and
Tentative Tract Map 72529
CONDITIONS OF APPROVAL
April 28, 2015
1. Design Review 12 -05, General Plan Amendment 12 -02, Zone Change 12 -02,
and Tentative Tract Map 72529 are approved for the construction of a new
residential /commercial mixed -use development totaling 70,162 square feet, in
accordance with the plans marked Exhibit "I ", dated December 4, 2014. Any
revisions to the approved plans must be resubmitted for the review and approval
of the Planning Division.
2. Approval of Design Review 12 -05, General Plan Amendment 12 -02, Zone
Change 12 -02, and Tentative Tract Map 72529 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 12 -05, General Plan Amendment 12 -02,
Zone Change 12 -02, and Tentative Tract Map 72529.
4. Design Review 12 -05, General Plan Amendment 12 -02, Zone Change 12 -02,
and Tentative Tract Map 72529 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 12 -05, General Plan Amendment 12 -02, Zone Change 12 -02,
and Tentative Tract Map 72529 have 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.
7. Design Review 12 -05, General Plan Amendment 12 -02, Zone Change 12 -02,
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and Tentative Tract Map 72529 are granted or approved with the City and its
Planning Commission and City Council retaining and reserving the right and
jurisdiction to review and to modify the permit, including the 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 12 -05, General Plan
Amendment 12 -02, Zone Change 12 -02, and Tentative Tract Map 72529.
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.
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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 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.
20. 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.
21. 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.
22. 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.
23. 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 low- income families and meet all other criteria outlined in
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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.
24. 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.
25. 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.
26. 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.
27. Violations of the conditions of approval may result in citation and /or initiation of
revocation proceedings.
28. The developer shall make all efforts within the first six (6) months of the leasing
period to incorporate national or regional tenants into the commercial leasing
spaces (Added by the City Council on April 28, 2015).
29. The exterior walls of Basement Level 1 and First Floor shall consist of anti - graffiti
coating (Added by the City Council on April 28, 2015).
Mitigation Measure Conditions
Aesthetics
30. The City Council authorizes the applicant to work with the Planning Division on
the public art plan, prior to the issuance of a building permit.
31. Prior to the issuance of a building permit the project applicant shall submit a
lighting plan for approval by the Planning Division that incorporates any of the
following light reducing measures as applicable:
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• Improved physical barriers such as increased wall height
• Relocate and /or change the height and /or orientation of proposed lighting
fixtures.
• Select lighting fixtures with more - precise optical control and /or different
lighting distribution.
• Add external shielding and /or internal reflectors to fixtures.
• Select lower- output lamp /lamp technologies.
• A combination of the above.
Air Quality
32. During construction, the contractor shall apply water three times daily, or non-
toxic soil stabilizers according to manufacturers' specifications, to all unpaved
parking or staging areas, unpaved road surfaces, and active construction areas.
Geology and Soils
33. As recommended in the geotechnical engineering investigation prepared for the
project and approved by the City Engineer, the project shall be designed for a
peak acceleration value of 0.79g.
Hazards and Hazardous Materials
34. Prior to the issuance of a demolition permit for any structure, the project
developer shall provide a building survey to determine if asbestos or lead paint
are present. The asbestos and lead paint survey shall be conducted by a Cal -
OSHA Certified Asbestos consultant in accordance with sampling criteria of the
Asbestos Hazard Emergency Response Act (AHERA). If lead paint and /or
asbestos containing materials are found, all lead containing paint and /or
asbestos shall be removed and disposed by a licensed and certified lead paint
and /or asbestos removal contractor, as applicable in accordance with local, state,
and federal regulations prior to the start of activities that would disturb any ACM
containing materials or lead paint.
Hydrology and Water Quality
35. Prior to the issuance of a grading permit, the project developer shall submit a
Standard Urban Storm Water Mitigation Plan (SUSWMP) to the City for approval.
All applicable erosion control measures including Best Management Practices
(BMP's), to reduce erosion and minimize water quality impacts during grading
and construction shall be installed and maintained during construction to control
water quality impacts.
36. Prior to the issuance of a certificate of occupancy for the first residential unit or
leasing the first retail space, the project developer shall install a surface storm
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water collection system to collect and treat the first % of an inch of surface water
runoff from the site as approved by the City Engineer.
37. Prior to the issuance of a certificate of occupancy for the first residential unit or
leasing the first retail space, the project developer shall install two underground
water storage tanks totaling 3,500 gallons and a dry well system to capture on-
site surface water flows. If the dry well fills up during a storm a sump pump
located adjacent to the dry well will pump any overflow from the dry well into
Brighton Street.
38. Prior to the issuance of a certificate of occupancy for the first residential unit or
leasing the first retail space, the project developer shall install a catch basin with
a filter to filter the storm water prior to its discharge into the underground storage
tanks.
Noise
39. Project related operational hours for the following activities are recommended to be
restricted as follows:
• There shall be no delivery vehicle (no trucks) deliveries between the hours
of 10:00 p.m. to 9:00 a.m.
• Refuse collection vehicles shall restrict activity to between the hours of 7:00
a.m. and 7:00 p.m.
• Loading of boxes, crates and building materials is restricted to the hours of
7:00 a.m. and 10:00 p.m. adjacent to a residential property line.
• Construction activities are restricted by the City of Rosemead Noise
Ordinance. While construction noise is not expected to exceed 85 dB at the
nearest sensitive use (residences north of the site), construction noise can
be minimized with the implementation of the following conditions:
• All motorized construction equipment shall be equipped with properly
operating and maintained mufflers.
• Equipment and materials shall be staged in areas that will create the
greatest distance between construction - related noise sources and the
noise- sensitive receptors nearest the project site during all project
construction.
• Haul truck and other construction - related trucks traveling to and from
the project site shall be restricted to the same hours specified for the
operation of construction equipment.
• To the extent feasible, construction haul routes shall not pass directly
by sensitive land uses or residential dwellings.
40. An acoustical study shall be submitted to the City prior to the issuance of a building
permit to show that all balconies facing Garvey Avenue and Del Mar Avenue have
a transparent glass or plastic shield to create outdoor space that achieves the 65
dB CNEL or less.
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Public Services
41. Prior to the issuance of a building permit, the project developer shall pay any
required student impact fee to the Garvey Unified School District.
42. Prior to the issuance of a building permit, the project developer shall pay any
required park fee to the City of Rosemead.
Transportation/Traffic
43. Prior to the issuance of a certificate of occupancy for the first residential unit or
leasing the first retail space, the project developer shall install a new bus stop and
shelter on Garvey Avenue at a location determined by the City and 21 bicycle stalls,
with 10 bicycle stalls on the first subterranean level (B -1) and 11 bicycle stalls on
the lower parking level (B -2).
44. Within six months after 75% of the retail /commercial space is occupied, the project
developer shall provide weekday PM peak hour left turn traffic volumes on Del Mar
Avenue to the City's Traffic Consultant to confirm that project left -turns do not cause
congestion with the existing southbound left -turns at Garvey Avenue. If determined
by the City's Traffic Consultant that project left -turns onto Del Mar Avenue during
the PM peak hour cause congestion, left -turns at the Del Mar Avenue driveway
shall be restricted.
45. Prior to the issuance of a building permit, the project developer shall design the two
project driveways in compliance with City driveway standards for site access.
46. All delivery vehicles (no trucks) entering and exiting the site from Brighton Street
shall have a maximum height of 8' -6 ". Delivery vehicles (no trucks) entering the site
from Del Mar Avenue shall have a maximum height of 10'. All delivery vehicles (no
trucks) entering the site from Del Mar Avenue shall be restricted to the first level —
no internal access to level B -1. All delivery vehicles (no trucks) that are 8' -6" or
less can access the site from either Del Mar Avenue or Brighton Avenue and
access internally both the first level and level B -1.
47. All delivery vehicles (no trucks) shall park in the designated Loading areas located
within the commercial parking areas.
Utilities and Service Systems
48. Prior to the issuance of a certificate of occupancy for the first residential unit or
leasing the first retail space, the project developer shall install all State mandated
low -flow water fixtures.
14
Engineering Conditions of Approval
GENERAL
49. 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.
50. 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.
51. The Public Right -of -Way Vacation for the Alley northerly of Garvey Avenue
between Del Mar Avenue and Brighton Avenue pursuant Municipal Code,
California Streets and Highways Code and California Subdivision Map Act shall
be approved prior to the issuance of Building permits.
52. 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.
53. 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.
54. 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.
55. Comply with all requirements of the Subdivision Map Act.
56. 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.
57. 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.
15
58. Prior to performing any grading, obtain a permit from the Engineering Division.
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.
59. 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.
60. 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.
61. 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.
62. 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.
63. 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.
64. 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.
65. Adjust, relocate, and /or eliminate lot lines, lots, streets, easements or other
physical improvements to comply with ordinances, policies, and standards in
effect at the date the City determined the application to be completed all to the
satisfaction of the Public Works Department.
66. Show clearly all existing lot lines and proposed lot line on the plans.
67. Provide a complete boundary and topographic survey.
68. Show any easement on the plans if applicable.
69. 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
16
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.
70. All work proposed within the public right -of -way shall require permits from the
Public Works Department.
71. Remove and replace existing curb and gutter from northerly property line along
Brighton Street to northerly property line along Del Mar Avenue.
72. Remove and replace sidewalk from northerly property line along Brighton Street
to northerly property line along Del Mar Avenue.
73. Remove and construct driveway approaches as indicated on the plans.
74. 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. The size of the trees shall be minimum 48 inches
box.
75. Traffic Signal Modification at the intersection of Garvey Avenue and Del Mar
Avenue as indicated by traffic impact analysis and Public Works Department.
76. Show dimensions of existing and proposed right -of -way along Brighton Avenue,
Del Mar Avenue and Garvey Avenue.
77. A $2,000.00 fee will be required per each storm drain adjacent to the property
per retrofit pursuant Los Angeles River Trash TMDL requirements.
SEWER
78. Approval of this land division is contingent upon providing a separate house
sewer lateral to serve each lot of the land division.
79. 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.
80. If the new sewer flow alters the capacity conditions of the existing sewer main
along Garvey Avenue, a sewer main improvement will be required.
81. 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.
IN
UTILITIES
82. All power, telephone and cable television shall be underground.
83. Any utilities that are in conflict with the development shall be relocated at the
developer's expense.
84. Provide a street lighting plan.
WATER
85. Prior to the filing of the final map, there shall also be filed with the City Engineer,
a statement from the water purveyor indicating compliance with the Fire Chiefs
fire flow requirements.
86. Water hydrant, water meter box and utilities box shall be located 8 feet away
from parkway trees and 3 feet away from driveway approach.
Conditions Added by the Planning Commission on December 15, 2014
87. Physical barriers shall be installed to limit access on Del Mar Avenue into the
project site.
88. Prior to the issuance of Building permits, the Developer shall develop a
comprehensive Construction Management Plan, subject to the review and
approval of the Planning Division, Building and Safety Division, and Public Works
Department. The Construction Management Plan shall address noise, vibrations,
traffic control, parking, debris removal, staging, dust control, sanitary facilities,
and other potential construction impacts, as well as other details involving the
means and methods of completing the project, including the construction
equipment route. The City has the authority to require modifications and
amendments to the Construction Management Plan as deemed necessary
throughout the course of the project and until the final inspection.
Covenant Conditions and Restrictions
(Added by the City Council on April 28, 2015)
87. Prior to issuance of any building permit related to this project, the
developer /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
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 ".
iE3
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.
88. 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.
89. 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.
90. 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
for issuing overnight guest parking permits when there are excess parking
spaces available. Employee parking shall be restricted to the subterranean
parking structure.
19
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing
Resolution No. 2015 -01 being:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA
APPROVING DESIGN REVIEW 12.05,
GENERAL PLAN AMENDMENT 12.02,
TENTATIVE TRACK MAP 72529, AND
PROPOSED ALLEY VACATION FOR THE
CONSTRUCTION OF A NEW
RESIDENTIALICOMMERCIAL MIXED -USED
DEVELOPMENT COMPRISED OF 15,553
SQUARE FEET OF RETAILIRESTAURANT
SPACE AND SIXTY RESIDENTIAL UNITS FOR
A TOTAL BUILT AREA OF 70,162 SQUARE
FEET. THE SUBJECT SITE IS LOCATED AT
7801.7825 GARVEY AVENUE, 3012 DEL MAR
AVENUE, AND 3017 BRIGHTON STREET IN
THE C -3 AND R -2 ZONE
was duly and regularly approved and adopted by the Rosemead City Council on the 28th of April,
2015, by the following vote to wit:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Absent: None
Abstain: None
A OA - A Ml
Glora Molleda
City Clerk
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: APRIL 28, 2015 A,
SUBJECT: DESIGN REVIEW 12 -05, GENERAL PLAN AMENDMENT 12 -02,
ZONE CHANGE 12 -02, TENTATIVE TRACT MAP 72529
7801 -7825 GARVEY AVENUE, 3012 DEL MAR AVENUE, AND
3017 BRIGHTON STREET
Summary
Gerard Ngo has submitted entitlement applications requesting to develop a new
residential /commercial mixed -use development. The project consists of the demolition
of all existing structures to construct a five -story, mixed -use development with 15,553
square feet of retail /restaurant space on the basement /first and second floors and 60
residential units on the third through fifth floors, comprising 54,609 square feet, for a
total built area of 70,162 square feet. Parking is proposed as a combination of surface
and two stories of subterranean basement parking. The project requires vacation of the
existing public alley that bisects the site, which will entail a separate process. Access to
the proposed project will be provided via the rear of the structure with one entrance
each on Del Mar Avenue and Brighton Street. The project also includes a density
bonus application under Senate Bill (SB) 1818, which amended the state bonus law to
allow density bonuses up to 35 %. The property is located at the northeast corner of Del
Mar Avenue and Garvey Avenue in the C -3 (Medium Commercial) zone and R -2 (Light
Multiple Residential) zone.
This item was on the Planning Commission Agenda for June 16, 2014. However, due
to extensive comments from the California Department of Transportation (Caltrans) and
the Los Angeles County Department of Public Works (LACDPW) during the 20 -day
public review distribution period for the Notice of intent to Adopt a Mitigated Negative
Declaration (MND) for the project, the Planning Commission continued this item to a
future Planning Commission meeting. On December 15, 2014, this item was again
presented to the Planning Commission for consideration. During the meeting, three
people discussed their concerns regarding the project. At the conclusion of the hearing,
the Planning Commission adopted Resolution 14 -10, recommending that the City
Council ADOPT Resolution 2015 -01 (Attachment "A ") and Ordinance 942 (Attachment
"B "). The Planning Commission Staff Report, Planning Commission Resolution No. 14-
10, and Planning Commission Meeting Minutes are attached as Attachments "C", "D ",
ITEM NUMBER:
City Council Meeting
Apiil 28, 2015
Paae 2 of 16
and "E ", respectively.
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 would have a less than
significant impact on the environment if certain mitigation measures are adopted and
carried out, and the City 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 for the project was
distributed for a 20 -day public review and comment period from May 21, 2014 to June 9,
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 (Exhibit "H ").
Staff Recommendation
It is recommended that the following actions are taken:
1. The City Council conduct a public hearing and receive public testimony;
2. The City Council ADOPT Resolution No. 2015 -01 with findings, subject to the
eighty -six (86) conditions outlined in Exhibit "A" attached hereto; and
3. Introduce for First Reading, by title only, Ordinance No. 942: Zone Change 12-
02" and to bring back Ordinance No. 942 to the meeting of May 12, 2015 for
consideration of adoption.
4. The City Council ADOPT the Mitigated Negative Declaration and file the Notice
of Determination for the project.
Design Review 12 -05
Rosemead Municipal Code Section (RMC) 17.74.030(A)(1) states a precise plan of
design for residential /commercial mixed -use development shall be submitted, and
approved in accordance with the requirements of Section 17.72.060, with the exception
that the City Council shall approve or disapprove such project upon receiving a
recommendation from the Planning Commission.
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28, 2015
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General Plan Amendment 12 -02
The project will change the existing Rosemead General Plan land use designations
from Commercial and the residence at the northeast corner Medium Density Residential
(0 -12 du /ac.) to Mixed -use: Residential /Commercial (60 du /ac; 4 stories).
Zone Change 12 -02
The project will change the zoning from C -3 Medium Commercial and the single - family
residence at the northeast corner of the site R -2 Light Multiple Residential to C -3
Medium Commercial and add a Residential /Commercial Mixed -Use Development
Overlay (RCMUDO) and Design Overlay to allow the development of the project as
proposed.
Tentative Tract Map 72529
The applicant has submitted a Tentative Tract Map (TTM 72529) application for the
consolidation of six (6) existing parcels into one (1) parcel.
Property History and Description
The subject property is located at the northeast corner of the intersection of Del Mar
Avenue and Garvey Avenue. The site consists of six (6) parcels, totaling approximately
44;260 square feet. The alley to be vacated totals approximately 5,590 square feet.
According to Los Angeles County records, the six (6) parcels are currently developed
with five (5) commercial buildings totaling approximately 8,000 square feet, one (1)
single family residence totally 1,080 square feet, and a parking lot. According to
Business License records, the commercial buildings are occupied by a bar, a law office,
and a used car sales dealership.
View from Southwest Corner of Del Mar Avenue and Garvey Avenue
City Council Meeting
April 28, 2015
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Project Analysis
Project Description
The project consists of the demolition of all existing structures to construct a five -story,
mixed -use development with 15,553 square feet of retail /restaurant space on the
basement/first and second floors and 60 residential units on the third through fifth floors,
comprising 54,609 square feet, for a total built area of 70,162 square feet. Of the 60
units, the project proposes 9 low- income rental units. An outdoor seating area is
proposed in the central area of the ground level on the north side of the building. New
landscaping will be provided within the building setbacks around the perimeter of the
site and throughout the outdoor seating area. The project is requesting two
concessions to allow the development as proposed. Due to the slope of the property, a
concession is requested to allow a building height of 60 feet at Brighton Street,
exceeding the allowable building height of 55 feet. A second concession is requested to
allow the north side of the building to extend into a 20 degree angle that extends onto
the site from the north property line because the project abuts existing residences north
of the site.
Parking is proposed as a combination of surface and two stories of subterranean
basement parking. The project will incorporate an existing alley that extends east -west
through the middle of the site from Brighton Street on the east to Del Mar Avenue on the
west. Access to the proposed project will be provided via the rear of the structure with
one entrance each on Del Mar Avenue and Brighton Street. The project also includes a
density bonus application under Senate Bill (SB) 1818, which amended the state bonus
law to allow density bonuses up to 35%
Site & Surrounding Land Uses
The project site is designated in the General Plan as Commercial and Medium Density
Residential (0 -12 du /ac) and on the Zoning Map it is designated C -3 (Medium
Commercial) and R -2 (Light Multiple Residential) zones. The site is surrounded by the
following land uses:
North
General Plan — Commercial and Medium Density Residential
Zoning — C -3 (Medium Commercial) and R -2 (Light Multiple Residential)
Land Use — Residential
South
General Plan - Commercial
Zoning - C -3 (Medium Commercial)
Land Use - Commercial
East
General Plan - Commercial
Zoning - C -3 (Medium Commercial) and R -2 (Light Multiple Residential)
Land Use - Commercial and Residential
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5nf16
West
General Plan - Commercial
Zoning - C -3 (Medium Commercial)
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.
Development
Required
Proposed
Feature
Lot Size
30,000 s.f.
49,850 s.f.
Floor Area Ratio
2.0:1 (max allowed)
1.41:1
(FAR)
12' -0' with 7' -0" wide sidewalk
12' -0' with T -0" wide sidewalk (clear zone) and 5' -0"
(clear zone) and 5' -0" wide
Public Sidewalk
wide parkway (amenity zone)
p arkway amenit zone
Front Setback
Zero (0) feet
Zero (0) feet
Interior Lot Line
May be zero (0) but shall be a minimum of ten (10) feet
No interior lot line
Setback
if more than zero (0).
Del Mar Avenue: Zero (0) feet
Side Street
None'
Setback
Brighton Street: Zero 0 feet
Rear Abutting
Residential
10' -0"
10' -0"
Setback
Del Mar - Avenue and
fifty (50) feet
Four (4) stories with a maximum height of fifty -five (55)
Brighton Street: Five - stories and
Height
9
feet
sixty (60) feet
*Requesting concession
The second floor and above shall be stepped back from
Requesting concession to
the rear property line as follows: establishing a height at
encroach into variable height
Variable Height
six (6) feet above finished grade of the adjacent
requirement
residential property line, a 20-degree
Two (2) parking spaces per dwelling plus one (1) guest
82 parking spaces
Parking
parking space per two (2) dwelling units
Density bonus allows deviation of
(Residential)
Total Required: 150 parking spaces
required guest parking spaces
Retail: One (1) parking space per two hundred fifty
(250) square feet of floor space
Retail: 4,7801250 =19
Parking
Restaurant: One (1) parking space per one hundred
Restaurant: 10,77311 00 = 108
(Commercial)
(100) square feet of floor space
Total Provided: 129 parking spaces
Total Required: 127 parking spaces
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April 28, 2015
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Proposed Floor Plans
Commercial — The floor plans submitted with this application show a 3,262 square foot
restaurant and an 821 square foot leasing office on the basement (B -1) level. The first
floor contains three (3) retail units totaling 3,959 square feet and four (4) restaurant
units totaling 7,511 square feet on the first floor. The project is designed with sufficient
on -site parking to accommodate the commercial users.
Residential — A total of 60 condominium units are proposed within this development.
All units will be located on the third through fifth floors of the building. The unit floor
plans submitted show a variety of unit types, from one - bedroom units to two- bedroom
units, ranging in size from 826 square feet to 1,130 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.
Proposed Landscaping and Fencing:
A conceptual landscape plan has been attached as Exhibit "B ". 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 in the form of raised planter beds, water
feature, and shade trees. 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 property line.
Parking and Circulation
Access to the site would be provided from two (2) driveways along Del Mar Avenue and
Brighton Street. The Applicant is proposing surface and two levels of subterranean
basement parking. A total of two hundred eleven (211) parking spaces would be
provided, which includes one hundred twenty -nine (129) spaces for commercial parking
and eighty -two (82) spaces for residential parking. Through the application of the
density bonus law under Senate Bill (SB) 1818, the applicant is entitled to a reduction in
parking. The maximum standards for residential parking are:
Ten (10) percent ( %) of required off - street parking.
21 bicycle parking spaces
Bicycle Parking
211 = 21 bicycle parking spaces
Common Open Space: 150 s.f. /dwelling unit (9,000 s.f.)
Common Open Space: 9,510 s.f.
Open Space
Private Open Space: 60 s.f /dwelling unit (3,600 s.f.)
Private Open Space: 5,915 s.f.
Building
77.8% Residential and
Commercial/
75% Residential and 25% Commercial
22.2% Commercial
Residential
*Requesting concession
Ratio
Proposed Floor Plans
Commercial — The floor plans submitted with this application show a 3,262 square foot
restaurant and an 821 square foot leasing office on the basement (B -1) level. The first
floor contains three (3) retail units totaling 3,959 square feet and four (4) restaurant
units totaling 7,511 square feet on the first floor. The project is designed with sufficient
on -site parking to accommodate the commercial users.
Residential — A total of 60 condominium units are proposed within this development.
All units will be located on the third through fifth floors of the building. The unit floor
plans submitted show a variety of unit types, from one - bedroom units to two- bedroom
units, ranging in size from 826 square feet to 1,130 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.
Proposed Landscaping and Fencing:
A conceptual landscape plan has been attached as Exhibit "B ". 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 in the form of raised planter beds, water
feature, and shade trees. 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 property line.
Parking and Circulation
Access to the site would be provided from two (2) driveways along Del Mar Avenue and
Brighton Street. The Applicant is proposing surface and two levels of subterranean
basement parking. A total of two hundred eleven (211) parking spaces would be
provided, which includes one hundred twenty -nine (129) spaces for commercial parking
and eighty -two (82) spaces for residential parking. Through the application of the
density bonus law under Senate Bill (SB) 1818, the applicant is entitled to a reduction in
parking. The maximum standards for residential parking are:
City Council Meeting
April 28, 2015
Paoe 7 of 16
• 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 -one (21) bicycle parking
spaces.
Traffic
A traffic report was prepared by VA Consulting Inc. dated January 2014, to determine
the potential traffic impacts of the project. The traffic report studied 7 area intersections.
The following intersections are included in the traffic study area:
• Del Mar Avenue and Hellman Avenue (signalized)
• Del Mar Avenue and Emerson Place (signalized)
• Del Mar Avenue and Garvey Avenue (signalized)
• Garvey Avenue and Jackson Avenue (signalized)
• Del Mar Avenue and Highcliff Street (signalized)
• Garvey Avenue and Brighton Street (2 -way stop control)
• Garvey Avenue and Kelburn Avenue (signalized)
Based on the traffic study, the proposed development will not create any significant
environmental effects upon the traffic and circulation systems. The study findings and
recommendations are as follows:
Study Area Circulation Impacts
The existing (2013) study area intersections are operating at Level of Service D or
better based on existing peak hour intersection volumes. Several intersections are
operating at LOS A or B during peak hours. Study area roadways are operating below
capacity based on weekday 24 -hour roadway volumes. For Existing 2013 with Project,
Baseline 2015 (no project), and Baseline 2015 with Project conditions the study area
intersections will continue to operate at Level of Service D or better with several
maintaining LOS A and B in peak hours. No circulation system mitigation measures are
required for implementation of the Garvey Del Mar Plaza Project. This analysis also
concludes that no project access locations satisfy warrants for signalization. These
findings were based on a worst -case analysis for Project trip generation.
However, an area of potential concern is the proximity of the Del Mar Avenue project
access to the intersection at Garvey Avenue. The existing southbound left -turn pocket
storage length at the intersection is 200 feet and existing left -turn queuing may exceed
this length during pm peak hour conditions. Under future project traffic conditions, left -
turn volumes are anticipated to increase and the existing southbound left -turn pocket
storage length may be exceed during both the am and pm peak hours. Although the
project left -turn volumes at this access are forecast to be low, 10 vehicles in and 13
vehicles out during the pm (highest) peak hour, it is recommended that the impact of
City Council Meeting
April 28, 2015
Page 8 of 16
left- turning vehicles be monitored at this location, with restrictions imposed, if
necessary.
On -site Circulation
There are no concerns regarding on -site circulation associated with the proposed
project. The project access driveways and roadways are appropriately sized and
configured for the project volumes and will be designed in accordance with applicable
agency. standards. Sight- distance requirements at project access driveways and
intersections will be provided per agency standards. Site parking supply has been
provided to meet or exceed City code.
Because of height restrictions, the proximity to residences, and potential on -site
circulation impacts, the project owner has identified the following measures to address
commercial deliveries to the site.
1. All delivery vehicles (no trucks) entering and exiting the site from Brighton Street
shall have a maximum height of 8'6 ". Delivery vehicles (no trucks) entering the
site from Del Mar Avenue shall have a maximum height of 10'. All delivery
vehicles (no trucks) entering the site from Del Mar Avenue shall be restricted to
the first level — no internal access to level B -1. All delivery vehicles (no trucks)
that are 8'6" or less can access the site from either Del Mar Avenue or Brighton
Avenue and access internally both the first level and B -1.
2. There shall be no delivery vehicle (no trucks) deliveries between the hours of
10:00 p.m. to 9:00 a.m.
3. All delivery vehicles (no trucks) shall park in the designated loading areas located
within the commercial parking areas.
Traffic Signal Warrants
In this study, no unsignalized study area intersections or access driveways satisfy peak
hour traffic signal warrants for any scenario. The Brighton Street and Garvey Avenue
intersection will remain a two -way stop. The Project will create a new driveway access
on Del Mar Avenue which should be one -way stop controlled on the driveway approach.
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
architectural style is modern, characterized by multi -story street - facing facades, tall,
narrow and arched windows with painted foam - stucco trims, and predominately flat
roofs with parapets at the rooflines. 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 corner element at the southwest and southeast corners of
the building. In addition, various elements have been added to provide architectural
interest to the design, such as the water features and potted plants along the front
elevation, the use of contrasting exterior finishes and stone veneer at the base of the
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building. The subtle details of common open spaces and pedestrian - scaled architectural
elements 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 a building permit the project applicant shall submit a lighting plan for approval by the
Planning Division that incorporates any of the following light reducing measures as
applicable:
• Improved physical barriers such as increased wall height.
• Relocate and /or change the height and /or orientation of proposed lighting
fixtures.
• Select lighting fixtures with more - precise optical control and /or different
lighting distribution.
• Add external shielding and /or internal reflectors to fixtures.
• Select lower- output lamp /lamp technologies
• A combination of the above.
Alley Vacation
In conjunction with the approval of this project, the applicant is requesting the City to
vacate the alley between the four parcels fronting Garvey Avenue and the two parcels
to the north, as illustrated below. This request would allow the applicant to incorporate
the alley into this mixed -use development. The City Engineer has agreed to this request
since it is not necessary for the City to retain the alley. A condition of approval has
been added, requiring the approval of the alley vacation, prior to the issuance of
Building permits.
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Planning Commission Direction
Since the Planning Commission meeting on December 15, 2014, staff has worked
closely with the applicant and environmental consultant to ensure that the Planning
Commission's concerns were addressed.
1. Study the ability or feasibility of converting the apartment project to a
condominium project.
The applicant has studied the project and has modified the project from
apartments to condominiums.
2. Review the placement of the HVAC systems on the roof to ensure minimal noise.
The Architect has determined that the plans illustrate the best placement
of the HVAC systems to ensure minimal noise.
3. Add a condition of approval which limits access on Del Mar Avenue into the
project site with physical barriers.
Condition of Approval Number 85 requires the installation of physical
barriers to limit access on Del Mar Avenue into the project site.
4. Add a condition of approval which limits the length and width of trucks or delivery
vehicles onsite.
Condition of Approval Number 44 limits the size of the delivery vehicles.
5. Add a condition of approval relating to the requirement of a Construction
Management Plan.
Condition of Approval Number 86 requires the Developer to develop a
comprehensive Construction Management Plan
6. Review the MND to ensure these issues will not affect the document.
The Environmental Consultant has reviewed the MND.
7. Work with the surrounding residents on their concerns of the project.
On December 17, 2015, Planning Division staff reached out to residents
and property owners within a 300 foot radius of the project site by sending
a letter (Attachment "G"), informing them to contact staff if they have any
questions or concerns on the proposed project. To date, staff has only
received one comment, in which the applicant has been working closely
with the property owner to resolve all of his 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 fagade, 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;
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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
Staff's 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)
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 aesthetics of the prominent corner by
establishing a mixed -use development of high architectural quality. The
improvements to the site, in terms of new construction, landscape, and
hardscape will provide a marked improvement over the existing appearance of
the intersection of Garvey Avenue and Del Mar Avenue.
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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
The 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.
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 southwest and southeast corners of the
building. In addition, various elements have been added to provide architectural
interest to the design, such as the water features and potted plants along the
front elevation, the use of contrasting exterior finishes and stone veneer at the
base of the building. The subtle details of common open spaces and pedestrian -
scaled architectural elements echo the modern design aspect for this mixed -use
development.
Section 17.116 of the Rosemead Municipal Code sets forth the procedures and
requirements for zone changes and amendments. A zone change may be permitted
whenever the public necessity, convenience, general welfare or good zoning practice
justifies such action. Pursuant to California Government Code Section 65860 (a), a
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zone change must be found consistent with the City's General Plan.
A. Land Use: The General Plan Land Use Designation of the subject site is
currently Commercial and Medium Density Residential. However, with
implementation of the zone change, the site would change to a Mixed -Use:
High Density Residential /Commercial Land Use Designation with a maximum
density of 60 dwelling units per acre and maximum floor -area ratio of 2.0:1.
The project site area consists of 1.14 acres. With a total of 60 residential
dwelling units and 1.61 acres of total floor area, the project is consist with the
Land Use Element of the General Plan.
B. Circulation: The proposed project will result in an increase in vehicle trips
from the proposed residential and commercial land uses of the mixed -use
project. With the incorporation of mitigation measures, this increase will not
result in significant environmental impacts upon the Level of Service of
surrounding street intersections and project entry driveways, and will not
adversely affect surrounding properties. The proposed project will provide
adequate off - street parking, including two levels of subterranean parking and
one level of surface parking, to serve the parking needs of future residents
and patrons and minimize traffic - related impacts upon the neighborhood.
C. Housing: The proposed project is consistent with the City of Rosemead
Housing Element, which seeks to provide a variety of housing types for the
various demographics of the community. The proposed development will
provide 60 new residential dwelling units, including 9 designated low- income
rental units.
D. Resource Management: The proposed development is located in a developed
urban area, and as such, will not result in any significant impact upon natural
resources. With the incorporation of mitigation measures, such as building
setback and landscaping, the proposed building will have a less than
significant impact upon the aesthetics from adjoining properties.
E. Noise: This development will not generate any significant permanent impacts
to the noise levels of the surrounding area. The proposed project will result in
additional pedestrian and vehicular traffic noises, but is not considered to be
substantial. There will be a temporary increase in ambient noise levels above
the existing levels due to the presence of heavy equipment and trade
personnel during construction activities. All construction work will be required
to comply with the defined timeframe and City's Noise Ordinance. All
mechanical equipment will be designed to minimize noise impacts on
adjoining properties.
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F. Public Safety: The proposed development will allow the construction of
residential and commercial uses in a developed urbanized area where there
are no known public safety concerns. The site is not located in a seismic
safety zone, and the entire City of Rosemead is located in Flood Zone C
(flood insurance is not mandatory) and is free from any flood hazard
designations. The project will be designed to meet the latest Building Code
and Fire Code to maximized public safety of the site.
Section 16.08.130 of the Rosemead Municipal Code provides the standards for
approval for a tentative map:
A. The proposed division will not be materially detrimental to the public welfare
nor injurious to the property or improvements in the immediate vicinity.
The proposed division will not have any foreseeable, materially detrimental
impacts on the surrounding area. The proposed project will enhance the
aesthetics of the immediate vicinity and potentially increase the property
values of the neighborhood. The improvements to the landscape and
hardscape of the site will enhance the overall appearance of the surrounding
area.
B. The proposed division will not be contrary to any official plan adopted by the
City Council; or to any official policies or standards adopted by the City
Planning Commission or the City Council and on file in the office of the City
Clerk at or prior to the time of filing of the application hereunder.
The proposed project was not a part of any official plan at the time of filing of
the application. The proposed project consists of concurrent application filings
for a General Plan Amendment and Zone Change, to ensure that the project
is consistent with the General Plan and Zoning Plan. The proposed
subdivision will be consistent with the purpose of Chapter 16.08 of the
Rosemead Municipal Code, Minor Subdivisions, in that it will be in compliance
with the official land use zoning plan of the City and any other applicable
design standards.
C. Each proposed parcel conforms in area and dimension to the provisions of
zoning and subdivision requirements of the City.
The proposed subdivision will conform to the zoning and subdivision
requirements of the City in area and dimension. The C -3 (Medium
Commercial) zone does not provide minimum or maximum standards for the
lot area or dimensions.
D. All streets, alleys and driveways proposed to serve the property have been
dedicated or such dedication is not required for the protection of public safety,
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health and welfare and that such streets, alleys and driveways are of
sufficient width, design and construction to preserve the public safety and to
provide adequate access and circulation for vehicular and pedestrian traffic.
The applicant has proposed a necessary number of driveways with sufficient
dimensions to provide adequate access and circulation for vehicles and
pedestrians. Additionally, the proposed project includes a dedication to
enlarge the public right -of -way.
E. All easements and covenants required for the approval of the tentative map or
plot plan have been duly executed and recorded.
The proposed subdivision will not require any easements or covenants for the
approval of the tentative map.
STATE LAW REQUIR
Authority for and Scope of General Plans
Section 65300 et seq of the California Government Code sets standards for each City to
prepare, adopt, and amend a comprehensive general plan. This plan coordinates the
long -term physical development goals and objectives of the City. Government Code
Sections 65860, 66473.5 and 66474 require that day -to -day development decisions,
such as zoning and land subdivisions should be consistent with the General Plan.
The proposed amendment to the General Plan will change the land use designation of
six (6) parcels from Commercial and Medium Density Residential to Mixed -use High
Density Residential /Commercial (60 du /ac). The proposed change will not eliminate any
active or passive recreation areas since the subject properties are private property and
not open to the public.
PUBLIC NOTICE PROCESS
On April 16, 2015, 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, and published in the Rosemead Reader.
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Prepare _ y:
4 4—
Lily T. Valenzuela
Associate Planner
ATTACHMENTS:
Submitted by:
Michelle Ramirez
Community Development Director
A. Resolution 2015 -01 with Exhibit "A" (Conditions of Approval)
B. Ordinance 942
C. Planning Commission Staff Report, dated December 15, 2014
D. Planning Commission Meeting Minutes, date December 15, 2014
E. Planning Commission Resolution 14 -10
F. Letter of Request for Density Bonus
G. Letter Sent to Residents and Property Owners
H. Mitigated Negative Declaration /Mitigation Monitoring Program
I. Architectural Plans