CC - 2015-29 - Approving Design Review 14-03 for the Construction of a New Residential /Commercial Mixed Use Development Totaling 11,860 Aqaure Feet of Retail/Office Space and 46 Apartments at 8408 Garvey AvenueRESOLUTION 2015 -29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING DESIGN REVIEW 14 -03 FOR THE CONSTRUCTION OF A
NEW RESIDENTIAL /COMMERCIAL MIXED USE DEVELOPMENT
TOTALING 11,860 SQUARE FEET OF RETAIL /OFFICE SPACE AND 46
APARTMENTS. THE PROJECT INCLUDES A DENSITY BONUS
APPLICATION. THE SUBJECT SITE IS LOCATED AT 8408 GARVEY
AVENUE IN THE C -3 MUDO -D (MEDIUM COMMERCIAL WITH A MIXED
USE AND DESIGN OVERLAY) ZONE (APN: 5283 - 005 -028).
WHEREAS, on January 30, 2014, Garvey Garden Plaza, LLC submitted a
Design Review for the construction of a new residential /commercial mixed use
development, located at 8408 Garvey Avenue; and
WHEREAS, 8408 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, Sections 65800 & 65900 of the California Government Code and
Section 17.28.020(C) of the Rosemead Municipal Code authorize the City Council to
approve, conditionally approve, or disapprove design review applications; and
WHEREAS, Section 17.84.010 of the Rosemead Municipal Code authorize the
City Council to approve projects requesting density bonuses, concessions, and /or
incentives; and
WHEREAS, on April 16, 2015, an Initial Environmental Study for the proposed
Design Review 14 -03 was completed finding that the proposed project would have a
less than significant effect on the environment and a Mitigated Negative Declaration
was prepared, in accordance with the guidelines of the California Environmental Quality
Act, and local environmental guidelines; and
WHEREAS, on May 18, 2015, the Planning Commission recommended approval
of Design Review 14 -03 to the City Council; and
WHEREAS, on May 28, 2015, thirty -six (36) notices were sent to property
owners within a 300 -feet radius from the subject property, in addition to notices posted
in five (5) public locations, on -site, published in the Rosemead Reader, and filed with
the Los Angeles County Clerk, specifying the availability of the application, plus the
date, time, and location of the special public hearing for Design Review 14 -03, pursuant
to California Government Code Section 65091(a)(3); and
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WHEREAS, on June 9, 2015, the City Council held a duly noticed and advertised
public hearing to receive oral and written testimony relative to Design Review 14 -03;
and
WHEREAS, the City Council fully studied the proposed Design Review 14 -03,
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 14 -03 in accordance with Sections
17.28.020(C) and 17.84.010 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 Staff's determination will improve the aesthetics of that intersection 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.
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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 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 proposed project will improve the aesthetics of the corner by
establishing a mixed use development of high architectural quality. The improvements
to the site will provide a marked improvement over the existing appearance of the
intersection of Garvey Avenue and Delta Avenue.
The architectural style of the building is modern, characterized by multi -story
street - facing facades, tall, narrow and arched windows with painted foam - stucco trims,
and flat roofs with parapets at the rooflines. 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 plaza corner element at the northwest corner of the building. In
addition, various elements have been added to provide architectural interest to the
design, such as landscaping throughout the development site, metal trellises on the top
floor, wrought iron balconies, contrasting exterior finishes and stone veneer to highlight
the commercial entrances on the north and west side 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.
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.
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
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potential to enhance land values in the general area. This is due to the proposed new
building fagade with higher quality materials, a design that blends better with the area,
and greatly improved landscaping and parking lot area.
E. The proposed development is in conformity with the standards of this
Code and other applicable ordinances in so far as the location and appearance of the
buildings and structures are involved; and
FINDING: This proposed development meets all of the minimum code
requirements for the C -3 MUDO -D (Medium Commercial with a Mixed Use and Design
Overlay) zone, and all applicable referenced code sections of the Rosemead Municipal
Code, as modified by the request for concessions under SB 1818.
F. The site plan and the design of the buildings, parking areas, signs,
landscaping, 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.
FINDING: 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 flat roofs
with parapets at the rooflines. 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 plaza corner element at the northwest corner of the building.
In addition, various elements have been added to provide architectural interest to
the design, such as landscaping throughout the development site, metal trellises on the
top floor, wrought iron balconies, contrasting exterior finishes and stone veneer to
highlight the commercial entrances on the north and west side 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.
Access to the site would be provided from two (2) driveways along Delta Avenue.
Parking is proposed as a combination of surface and one level of subterranean
basement parking.
SECTION 2 . The City Council HEREBY APPROVES Design Review 14 -03 for
the construction of a new residential /commercial mixed use development, subject to
the Conditions of Approval attached hereto and incorporated herein by reference. The
project includes a density bonus application.
SECTION 3. The Mayor shall sign this resolution and the City Clerk shall attest
to the adoption thereof.
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PASSED, AND ADOPTED, by the City Council of the City of Rosemead, County of Los
Angeles of the State of California on June 9, 2015.
Margare lark, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
Burke, Williams, & Sorensen, LLP
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. 2015-29 being:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD APPROVING DESIGN REVIEW
14.03 FOR THE CONSTRUCTION OF A NEW
RESIDENTIAUCOMMERCIAL MIXED USE
DEVELOPMENT TOTALING 11,860 SQUARE FEET
OF RETAIL/OFFICE SPACE AND 46 APARTMENTS.
THE PROJECT INCUDES A DENSITY BONUS
APPLICATION. THE SUBJECT SITE IS LOCATED
AT 8408 GARVEY AVENUE IN THE C -3 MUDO -D
(MEDIUM COMMERCIAL WITH A MIXED USE AND
DESIGN OVERLAY) ZONE (APN:5283- 005.028)
was duly and regularly approved and adopted by the Rosemead City Council on the gch of June,
2015, by the following vote to wit:
Yes:
Alarcon, Armenta, Clark, Low, Ly
No:
None
Abstain:
None
Absent:
None
Gloria Molleda
City Clerk
EXHIBIT "A"
(CC Resolution 2015 -29)
DESIGN REVIEW 14 -03
CONDITIONS OF APPROVAL
June 9, 2015
1. Design Review 14 -03 is approved for the construction of a new
residential /commercial mixed use development, in accordance with the plans
marked Exhibit "E ", dated April 21, 2015. Any revisions to the approved plans
must be resubmitted for the review and approval of the Planning Division.
2. Approval of Design Review 14 -03 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 within ten (10) day
from the approval date of Design Review 14 -03.
4. Design Review 14 -03 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 14 -03 has been unused, abandoned, or discontinued for a period
of one (1) year it shall become null and void.
5. The City Council hereby authorizes the Planning Division to make and /or
approve minor modifications.
6. The following conditions must be complied with to the satisfaction of the Planning
Division prior to final approval of the associated plans, building permits,
occupancy permits, or any other appropriate request.
7. Design Review 14 -03 is granted or approved with the City and its Planning
Commission and City Council retaining and reserving the right and jurisdiction to
review and to modify the permit, including the modification of existing or
imposition of new conditions of approval based on changed circumstances.
Changed circumstances include, but are not limited to, 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,
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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 -03.
8. The Applicant shall defend, indemnify, and hold harmless the City of Rosemead
or its agents, officers, and employees from any claim, action, or proceeding
against the City of Rosemead or its agents, officers, or employees to attack, set
side, void, or annul, an approval of the Planning Commission and /or City Council
concerning the project, which action is brought within the time period provided by
law.
9. The Applicant shall comply with all Federal, State, and local laws relative to the
approved use including the requirements of the Planning, Building, Fire, Sheriff
and Health Departments.
10. Building permits will not be issued in connection with any project until such time
as all plan check fees, and all other applicable fees, are paid in full.
11. Occupancy will not be granted until all improvements required by this approval
have been completed, inspected, and approved by the appropriate
department(s), including but not limited to all improvements required to file a final
tract map and the filing and recordation of that final map.
12. The numbers of the address signs shall be at least 6" tall with a minimum
character width of 3/4 ", contrasting in color and easily visible at driver's level from
the street. Materials, colors, location, and size of such address numbers shall be
approved by the Planning Division, prior to installation.
13. All requirements of the Planning Division, Building Division, and Public Works
Department shall be complied with prior to the final approval of the proposed
construction.
14. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m. Monday to
Saturday. No construction shall take place on Sundays or on any federal
holidays without prior approval by the City.
15. The Planning, Building, and Public Works staff shall have access to the subject
property at any time during construction to monitor progress.
16. The site shall be maintained in a graffiti -free state. Any new graffiti shall be
removed within twenty -four (24) hours. A 24 -hour, Graffiti Hotline can be called at
(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
seven (7) affordable apartment units that meet all of the requirements for
affordability for low income families and meet all other criteria outlined in
Government Code Section 65915. In addition, in an effort to respond to the
needs of City residents before nonresidents and to provide affordable housing,
the Applicant shall give existing qualified City of Rosemead residents priority in
obtaining an affordable unit.
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
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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. 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.
28. The exterior walls of First Floor shall consist of anti - graffiti coating.
29. 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.
30. A post traffic study shall be submitted to the Planning Division within six (6)
months from the issuance of the certificate of occupancy. The post traffic study
shall be reviewed by the City Engineer and City's Traffic Consultant at the
expense of the applicant (Added by the Planning Commission on May 18,
2015).
31. Violations of the conditions of approval may result in citation and /or initiation of
revocation proceedings.
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Mitigation Measure Conditions
Aesthetics
32. 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.
• Select lighting fixtures with more - precise optical control and /or different
lighting distribution.
• Relocate and /or change the height and /or orientation of proposed lighting
fixtures.
• Add external shielding and /or internal reflectors to fixtures.
• Select lower- output lamp /lamp technologies
• A combination of the above.
Air Qualitv
33. 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
34. Prior to the issuance of a building permit, the project shall be designed for a peak
acceleration value of 0.79g as recommended in the geotechnical engineering
investigation and approved by the City Engineer.
Hazards and Hazardous Materials
35. 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
36. Prior to the issuance of a grading permit, the project developer shall submit a
Standard Urban Stormwater Mitigation Plan (SUSMP) to the City for approval.
All applicable erosion control measures including Best Management Practices to
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reduce erosion and minimize water quality impacts during grading and
construction shall be installed and maintained during construction to control
water quality impacts.
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 a surface storm
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.
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 planter box along
the southern project boundary with capacity to filter the first % inch of project
generated storm water prior to its discharge into Delta Avenue.
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
p.m. to 9 a.m.
• Refuse collection vehicles shall restrict activity to between the hours of 7 a.m.
and 7 p.m.
• Loading of boxes, crates and building materials is restricted to the hours of 7
a.m. and 10 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 have a transparent glass or
plastic shield to create outdoor space that achieves the 65 dB CNEL or less.
41. Small bulldozers only shall be permitted to operate within 56 feet of the nearest
adjacent residential structures.
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Public Services
42. Prior to the issuance of a building permit, the project developer shall pay any
required student impact fee to the Garvey Unified School District.
43. Prior to the issuance of a building permit, the project developer shall pay any
required park fee to the City of Rosemead.
Transportation/Traffic
44. 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 and
site distance.
45. All delivery vehicles (no trucks) entering the site from Delta Avenue shall have a
maximum height of 8'6 ".
46. All delivery vehicles (no trucks) shall park in the designated Loading areas located
within the commercial parking areas.
Utilities and Service Systems
47. 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.
Engineering Conditions of Approval
General
48. A Topographic survey indicating the proposed tentative tract map should be
submitted for approval. This should indicated right of way dimensions, existing
sidewalk dimensions, street dimensions, street cross sections at Garvey Avenue
and Delta Avenue, utilities, etc.
49. No Certificate of Occupancy shall be obtained if the improvements are not
installed. Otherwise, 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.
50. The City reserves the right to impose any new plan check and /or permit fees.
51. A dedication to the City of Rosemead shall be required to widen the public right
of way along the entire frontage of Delta Avenue, as well as at the radius cut- off
at the South East Corner of Delta avenue and Garvey Avenue. The applicant
shall engage a licensed land surveyor (or Civil Engineer authorized to practice
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land surveying) to prepare the legal descriptions and documents required for the
proposed right of way dedication, all to the satisfaction of the City Engineer and
the City Land Surveyor, and shall pay all costs for plan checking, etc.
52. The catch basins fronting the proposed project shall be modified, to provide
automatic retractable screens to screen storm water from trash, etc. to the
satisfaction of the City Engineer. All new on -site storm drainage systems shall be
designed to retain the first 3/4 inches of storm water runoff and to prevent cross
lot drainage and comply with all storm water regulations.
53. 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.
54. A grading and drainage plan must provide an independent drainage system to
the public street, to a public drainage facility, or by means of an approved
drainage easement.
55. 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.
56. 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.
57. 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.
58. 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.
R...
59. 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.
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The drive approach is intended to serve, and is designed to the satisfaction of the
City Engineer.
60. All work proposed within the public right -of -way shall require permits from the
Public Works Department.
61. Remove and replace existing curb and gutter from property line to property line.
62. Remove and replace sidewalk from property line to property line, minimum seven
feet wide.
61 Remove and replace existing curb ramp per ADA compliance.
64. Remove and construct driveway approaches as indicated on the plans
65. Remove, relocate and construct any driveway approaches conflicting with this
development.
66. Construct five (5) feet landscape parkway along Delta Avenue. Install eight (8) 36
inches parkway trees as indicated on the plans. No landscape parkway along
Garrey Avenue, only sidewalk and install four (4) 48 inches box parkway tree 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.
Sewer
67. Approval of this land division is contingent upon providing a separate house
sewer lateral to serve each lot of the land division.
68. 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.
69. 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
70. All power, telephone and cable television shall be underground.
71. Any utilities that are in conflict with the development shall be relocated at the
developer's expense.
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72. Traffic signal improvements at the intersection of Delta Avenue and Garvey
Avenue will be required (if necessary).
73. 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.
Geotechnical Conditions of Approval
74. The consultant shall be on site during temporary excavation for basement walls
and shoring installation.
75. Consultant shall review and approve all shoring system monitoring as
recommended in report.
76. An as built geotechnical report should be prepared by the project geotechnical
consultant following grading /construction of the subject site improvements. The
report should include the results of all field density testing /retaining wall backfill
testing, depth of reprocessing and recompaction, depth of overexcavation as well
as a map depicting the limits of grading, locations of all density testing, and
geologic conditions exposed during grading /excavation. The report should
include results of shoring monitoring.
Los Angeles County Fire Department Conditions of Approval
Land Development Unit:
General Requirements
77. The proposed development may necessitate multiple ingress /egress access
for the circulation of traffic and emergency response issues.
78. The development of this project must comply with all applicable code and
ordinance requirements for construction, access, water mains, fire flows, and
fire hydrants.
79. Specific fire and life safety requirements for the construction phase will be
addressed at the building fire plan check. There may be additional fire and
life safety requirements during this time.
80. Every building constructed shall be accessible to Fire Department's apparatus
way of access roadways with an all- weather surface of not less than the
prescribed width. The roadway shall be extended to within 150 feet of all
15
portions of the exterior walls when measured by an unobstructed route around
the exterior of the building.
81. When involved with subdivision in a city contracting fire protection with the
County of Los Angeles Fire Department, Fire Department's requirements for
access, fire flows, and hydrants are addressed during the subdivision tentative
map stage.
82. Fire Department's requirements for access, fire flows, and hydrants are
addressed during the building permit stage.
83. Fire sprinkler systems are required in all residential and most commercial
occupancies. For those occupancies not requiring fire sprinkler systems, it is
strongly suggested that fire sprinkler systems be installed. This will reduce
potential fire and life losses.
Water Requirements
84. Fire hydrant spacing shall be 300 feet and shall meet the following
requirements:
a. No portion of lot frontage shall be more than 200 feet via vehicular
access from a public fire hydrant.
b. No portion of a building shall exceed 400 feet via vehicular access from
a properly spaced public fire hydrant.
c. Additional hydrants will be required if hydrant spacing exceeds specified
distances.
d. When cul -de -sac depth exceeds 200 feet on a commercial street,
hydrants shall be required at the corner and midblock.
e. A cul -de -sac shall not be more than 500 feet in length when serving
land zoned for commercial use.
85. The development may require fire flows up to 8,000 gallons per minute at 20
pounds per square inch residual pressure for up to a four -hour duration. Final
fire flows will be based on the size of buildings, its relationship to other
structures, property lines, and types of construction used.
Access Requirements
86. Turning radius shall not be less than 32 feet. This measurement shall be
determined at the centerline of the road. A Fire Department approved turning
area shall be provided for all driveways exceeding 150 feet in- length and at
the end of all cul -de -sacs.
87. All on -site driveways /roadways shall provide a minimum unobstructed width of
28 feet, clear -to -sky. The on -site driveway is to be within 150 feet of all
portions of the exterior walls of the first story of any building as measured
16
by an approved route around the exterior of the building when the height of
the building above the lowest level of the Fire Department vehicular access
road is more than 30 feet high or the building is more than three stories.
The access roadway shall be located a minimum of 15 feet and a maximum of
30 feet from the building, and shall be positioned parallel to one entire side of
the building. The side of the building on which the aerial fire apparatus
access road is positioned shall be approved by the fire code official.
88. The County of Los Angeles Fire Department's Land Development Unit's
comments are only general requirements. Specific fire and life safety
requirements will be addressed at the building and fire plan check phase.
There may be additional requirements during this time.
89. The Health Hazardous Materials Division (HHMD) of the Los Angeles County Fire
Department advises that the projectsite should be assessed and /or mitigated under
environmental oversight of an authorized government agency and obtain a
clearance letter and /or a "No Further Action" (closure) letter prior to the City's
issuance of a grading permit.
17
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER �cm
DATE: JUNE 9, 2015
SUBJECT: DESIGN REVIEW 14 -03
8408 GARVEY AVENUE
Summary
Garvey Garden Plaza, LLC has submitted a Design Review application requesting to
develop a new residential /commercial mixed use development totaling 11,860 of
retail /office space on the first floor and 46 apartments on the second through fourth
floors. Parking is proposed as a combination of surface and one level of subterranean
basement parking. Access to the proposed project will be provided by two driveways
from Delta Avenue that extends along the west project boundary. The project 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 southeast
corner of Delta Avenue and Garvey Avenue in the C -3 MUDO -D (Medium Commercial
with a Mixed Use and Design Overlay) zone.
This item was presented to the Planning Commission for consideration on May 18,
2015. At the conclusion of the hearing, the Planning Commission removed condition of
approval number 47, since the project does not involve a tentative map, and added two
conditions of approval. The first condition required a post traffic study. The second
condition prohibited restaurant use in the building due to parking restrictions. Once
these changes were noted, the Planning Commission adopted Planning Commission
Resolution No. 15 -07, recommending that the City Council ADOPT Resolution 2015 -29
(Attachment "A "). The Planning Commission Staff Report, PC Resolution No. 15 -07,
and Draft Planning Commission Meeting Minutes are attached as Attachments "B ", "C ",
and "D ", respectively.
Environmental Analysis
The City of Rosemead acting as a Lead Agency, has completed an Initial Study /Draft
Mitigated Negative Declaration (Attachment "G ") for the proposed mixed use project
pursuant to Section 15070 (b) of the California Environmental Quality Act (CEQA). The
Initial study has found that there are less than significant environmental impacts that
could occur if the proposed mixed use is implemented. The environmental factors that
could be potentially affected by the project include Aesthetics, Air Quality,
ITEM NUMBER:
City Council Meeting
June 9, 2015
Page 3 of 28
Northwest View
Proiect Description
The project consists of the demolition of all existing structures to construct a four -story,
mixed use development with 11,860 square feet of retail /office space on the first floor
and 46 residential units on the second through fourth floors, comprising 51,930 square
feet, for a total built area of 63,790 square feet. Of the 46 units, the project proposes
seven (7) low- income apartment units. An outdoor seating area and central garden for
residents is proposed on the second floor. New landscaping will be provided within the
building setbacks around the perimeter of the site and throughout the open space
areas. Parking is proposed as a combination of surface and one level of subterranean
basement parking.
The project requests (Attachment "E "), and City Staff recommends, a density bonus
under Senate Bill (SB) 1818, which amended the state law to allow density bonuses up
to 35 percent. In accordance with SB 1818, the Applicant would be required to provide
affordable residential units in order to qualify for this density bonus.
Rosemead Municipal Code Section 17.84.010 requires the City Council approval for
projects requesting density bonuses, concessions, and /or incentives, subject to the
provisions of Section 17.84.130. For this reason, the applicant has submitted a
Proforma and Affordable Housing Agreement attached as Attachment "F ".
Under the existing zoning, the project site can accommodate a maximum residential
density of 34 units. Therefore, the construction of 46 units would exceed the permitted
residential density by approximately 35 percent. The Applicant has chosen to provide
seven (7) low- income apartment units, which satisfies the State law requirements. The
project is requesting two (2) concessions to allow the development as proposed. The
first concession will allow four (4) stories at forty -five (45) feet, rather than the three (3)
stories at forty -five (45) feet. The second concession will allow the building
residential /commercial ratio to consist of 81.4 percent residential and 18.6 percent
commercial, rather than the sixty -seven (67) residential and 33 commercial split under
the zoning.
City Council Meeting
June 9, 2015
Peas 5 of 28
Side Street
None
Zero (0) feet
Setback
Rear Abutting
Residential
10' -0"
55' -6"
Setback
Height
Three- stories with a maximum height of forty -five (45)
Four- stories and
forty -five (45) feet
feet
*Requesting concession
Establishing a height of fifteen (15) feet above the
Requirement met. Please see
finished grade of adjacent residential property line and
illustration on Elevation Plans in
Variable Height
located twenty -five (25) feet from the rear property line,
Attachment "J" on pages A -3.1 and
a sixty (60) degree incline plane is projected that
A -3.2.
establishes the height limitation.
Two (2) parking spaces per dwelling plus one (1) guest
98 parking spaces
Parking
parking space per two (2) dwelling units
*Density bonus allows deviation of
(Residential)
Total Required: 1,15 parking spaces
required parking spaces to 92
p arking spaces
Parking
Retail and Office: One (1) parking space per two
hundred fifty (250) square feet of floor space
48 parking spaces
(Commercial)
Total Required: 47.4 parking spaces
Bicycle Parking
Ten (10) percent ( %) of required off - street parking.
14 bicycle parking spaces
(13.84 = 14 bicycle parking spaces)
Common Open Space: 150 s.f. /dwelling unit (6,900 s.f.)
Common Open Space: 9,560 s.f.
Open Space
Private Open Space: 60 s.f /dwelling unit (2,760 s.f.)
Private Open Space: 5,857 s.f.
Building
81.4% Residential and 18.6%
Commercial/
67% Residential and 33% Commercial
Commercial
Residential
Ratio
*Requesting concession
Proposed Floor Plans
Commercial
The floor plans submitted with this application show ten (10) tenant suites, totaling
approximately 11,860 square feet that will be utilized for retail and office uses. The
project is designed with sufficient on -site parking to accommodate the commercial use,
as shown in the table on page four and on the development plan.
Residential
A total of 46 apartment units are proposed within this development. The manager unit
is located on the first floor and all other units will be located on the second through
fourth floors of the building. The second floor includes 14 apartment units with a
recreation room, the third floor includes 15 apartment units, and the fourth floor includes
16 apartment units. The unit floor plans submitted show two -unit types (Unit A and B),
from two- bedroom units to three - bedroom units, ranging in size from 950 square feet to
1,250 square feet of living area. Each unit contains a living room, dining room, kitchen,
bedroom(s), bathroom(s), closet(s), storage, washer and dryer, and private open space.
City Council Meeting
June 9, 2015
Page 7 of 28
project will have less -than signification traffic impacts. The City's Traffic Consultant has
reviewed the traffic study and finds it acceptable, and the study has been relied on in
the Mitigated Negative Declaration.
At the Planning Commission meeting on May 18, 2015, the Planning Commission had
concerns relating to post traffic once the project is completed. For this reason, the
Planning Commission added a condition of approval which requires a post traffic study
(Condition of Approval Number 30).
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 flat roofs with parapets
at the rooflines. 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 plaza
corner element at the northwest corner of the building.
In addition, various elements have been added to provide architectural interest to the
design, such as landscaping throughout the development site, metal trellises on the top
floor, wrought iron balconies, contrasting exterior finishes and stone veneer to highlight
the commercial entrances on the north and west side 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.
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. 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.
• Select lighting fixtures with more - precise optical control and /or different
lighting distribution.
• Relocate and /or change the height and /or orientation of proposed lighting
fixtures.
• Add external shielding and /or internal reflectors to fixtures.
• Select lower- output lamp /lamp technologies
• A combination of the above."
City Council Meeting
June 9, 2095
Page 9 of 28
the City. The Applicant has provided a design of high aesthetic quality, which in
Staff's determination will improve the aesthetics of that intersection 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 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 aesthetics of the corner by establishing a
mixed use development of high architectural quality. The improvements to the
site will provide a marked improvement over the existing appearance of the
intersection of Garvey Avenue and Delta Avenue. .
The architectural style of the building is modern, characterized by multi -story
street - facing facades, tall, narrow and arched windows with painted foam - stucco
trims, and flat roofs with parapets at the rooflines. The front fagade has been
designed to create visual interest at the street level. The main entrance of the
City Council Meeting
June 9, 2015
Page 11 of 28
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 flat
roofs with parapets at the rooflines. The front fagado has been designed to
create visual interest at the street level. The main entrance of the building is
highlighted through the use of a plaza corner element at the northwest corner of
the building.
In addition, various elements have been added to provide architectural interest to
the design, such as landscaping throughout the development site, metal trellises
on the top floor, wrought iron balconies, contrasting exterior finishes and stone
veneer to highlight the commercial entrances on the north and west side 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.
Access to the site would be provided from two (2) driveways along Delta Avenue.
Parking is proposed as a combination of surface and one level of subterranean
basement parking.
PUBLIC NOTICE PROCESS
On May 28, 2015, thirty -six (36) 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.
Pr are Submitted by:
d.
Lily T. Valenzuela Michelle Ramirez
Associate Planner Community Development Director
ATTACHMENTS:
A. Resolution 2015 -29 with Exhibit "A" (Conditions of Approval)
B. Planning Commission Staff Report, dated May 18, 2015
C. Planning Commission Resolution 15 -07
D. Draft Planning Commission Meeting Minutes, dated May 18, 2015
E. Letter of Request for Density Bonus
F. Proforma and Affordable Housing Agreement
G. Caltrans Comment Letter
H. Los Angeles County Fire Department Comment Letter
I. Mitigated Negative Declaration /Mitigation Monitoring Program
J. Architectural Plans
City Council Meeting
June 9, 2015
Page 13 of 28
date, time, and location of the special public hearing for Design Review 14 -03, pursuant
to California Government Code Section 65091(a)(3); and
WHEREAS, on June 9, 2015, the City Council held a duly noticed and advertised
public hearing to receive oral and written testimony relative to Design Review 14 -03;
and
WHEREAS, the City Council fully studied the proposed Design Review 14 -03,
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 14 -03 in accordance with Sections
17.28.020(C) and 17.84.010 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 Staff's determination will improve the aesthetics of that intersection 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;
City Council Meeting
June 9, 2015
Pace 15 of 28
FINDING: The property is not part of the Civic Center Plan, precise plan or land
reserved for public or educational use, so there is no special need to create harmony
with the general area. Notwithstanding this, the approved design will create a
development that is an aesthetic upgrade over the surrounding area and that has the
potential to enhance land values in the general area. This is due to the proposed new
building fagade with higher quality materials, a design that blends better with the area,
and greatly improved landscaping and parking lot area.
E. The proposed development is in conformity with the standards of this
Code and other applicable ordinances in so far as the location and appearance of the
buildings and structures are involved; and
FINDING: This proposed development meets all of the minimum code
requirements for the C -3 MUDO -D (Medium Commercial with a Mixed Use and Design
Overlay) zone, and all applicable referenced code sections of the Rosemead Municipal
Code, as modified by the request for concessions under SB 1818.
F. The site plan and the design of the buildings, parking areas, signs,
landscaping, 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.
FINDING: 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 flat roofs
with parapets at the rooflines. 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 plaza corner element at the northwest corner of the building.
In addition, various elements have been added to provide architectural interest to
the design, such as landscaping throughout the development site, metal trellises on the
top floor, wrought iron balconies, contrasting exterior finishes and stone veneer to
highlight the commercial entrances on the north and west side 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.
Access to the site would be provided from two (2) driveways along Delta Avenue.
Parking is proposed as a combination of surface and one level of subterranean
basement parking.
SECTION 2 . The City Council HEREBY APPROVES Design Review 14 -03 for
the construction of a new residential /commercial mixed use development, subject to