PC - Item 3A - Design Review 15-06 at 8917 Newby Avenue EM ROSEMEAD PLANNING COMMISSION
STAFF REPORT
CIVIC PRIDE
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,NCO'IPORATED 19y9
TO: THE HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM: PLANNING DIVISION
DATE: MARCH 21, 2016
SUBJECT: DESIGN REVIEW 15-06
8917 NEWBY AVENUE
Summary
Vinh Tran has submitted an application for a Design Review requesting to construct a
new 2,818 square feet two-story single-family dwelling unit with an attached three-car
garage. Any new dwelling unit to be constructed that equals or exceeds two thousand
five hundred (2,500) square feet of developed living area shall be subject to a
discretionary Site Plan and Design Review. The subject property is located at 8917
Newby Avenue (APN: 5391-011-034) and in the R-2 (Light Multiple Residential) zone.
Environmental Determination
Section 15303 of the California Environmental Quality Act (CEQA) guidelines exempts
projects consisting of construction and location of limited numbers of new, small
facilities or structures; installation of small new equipment and facilities in small
structures; and the conversion of existing small structures from one use to another
where only minor modifications are made in the exterior of the structure. Accordingly,
Design Review 15-06 is classified as a Class 3 Categorical Exemption pursuant to
Section 15303 of CEQA guidelines.
Staff Recommendation
It is recommended that the Planning Commission ADOPT Resolution No. 16-04 with
findings (Exhibit "A"), and APPROVE Design Review 15-06, subject to the 23 conditions
of approval outlined in Attachment "A" attached hereto.
Property History and Description
The subject property is located on the north side of Newby Avenue, between Ivar
Avenue and Rosemead Boulevard. According to the Los Angeles County Assessor's
Office, the site consists of one (1) parcel, totaling approximately 8,076 square feet of lot
area. In 1929, a single-family dwelling unit was built on the subject property. On January
27, 2016, Permit No. B00-007-963 was issued for the demolition of the existing single-
family home and one-car garage.
Planning Commission Meeting
March 21,2016
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Front Elevation (Existing)
Site and Surrounding Land Uses
The project site is designated in the General Plan as Medium Density Residential and
on the Zoning Map as R-2 (Light Multiple Residential) zone. The site is surrounded by
the following land uses:
North
General Plan Designation: Medium Density Residential
Zoning: R-2 (Light Multiple Residential)
Land Use: Residential
South
General Plan Designation: Low Density Residential
Zoning: R-1 (Single-Family Residential)
Land Use: Residential
East
General Plan Designation: Medium Density Residential
Zoning: R-2 (Light Multiple Residential)
Land Use: Residential
West
General Plan Designation: Medium Density Residential
Zoning: R-2 (Light Multiple Residential)
Land Use: Residential
Planning Commission Meeting
March 21,2016
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Administrative Analysis
As illustrated in Exhibit "B", the applicant is proposing to construct a new 2,818 square
feet two-story single-family dwelling unit: 1,719 square feet and 1 ,009 square feet of
floor area on the first and second floor, respectively. Additionally, the applicant is
proposing to construct an attached three-car garage towards the front of the property.
According to Rosemead Municipal Code, Section 17.12.030(B)(1)(j), any new dwelling
unit to be constructed that equals or exceeds two thousand five hundred (2,500) square
feet of developed living area shall be subject to a discretionary Site Plan and Design
Review.
Development Standards
Staff has verified that the proposed single-family dwelling unit addition would be in
compliance with the applicable development standards of the Rosemead Zoning Code.
as demonstrated in the following table:
Development Feature Required Proposed
Front Yard Setback 20 ft. 25' —0"
East:
First floor: 6' —0"
Side Yard Setback Greater of 5 ft. or 10% of lot Second floor: 15'—0"
width: 6 ft. West:
First floor: 8' —8"
Second floor: 15'—0"
Rear Yard Setback 20 ft. 30'—0"
Floor Area Ratio 0.35:1 (maximum) 0.34:1
Parking Two spaces in an enclosed Attached three-car garage
garage
Floor Plan
The proposed floor plan consists of a living room, dining room, family room, kitchen,
four (4) bedrooms with closets, four (4) bathrooms, a porch, a patio, and an attached
three-car garage.
Elevations
The applicant is proposing a light beige colored stucco finish (La Habra, Aspen(60)
Base 200) for the exterior walls, a dark grey colored roof (Eagle Tile, Sierra Madre
Charcoal), and an off-white (Dunn Edward, Swiss Coffee) trim. Stone veneer is utilized
at the base of the east, south, and a portion of the west elevation.
Parking and Circulation
Per Rosemead Muncipal Code, Section 17.112.040, single-family dwellings with four (4)
bedrooms and 2,000 square feet of floor area require two (2) parking spaces per
dwelling unit in an enclosed garage. As illustrated on the proposed site and floor plan,
the applicants are proposing an attached three-car garage towards the front of the
property.
Planning Commission Meeting
March 21,2016
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Per Rosemead Municipal Code, Section 17.112.090(B)(1)(a), driveways used to serve
not more than two (2) dwelling units shall be a minimum of twelve (12) feet wide. The
applicants are proposing a driveway with a width of eighteen (18) feet, seven (7) inches.
Fencing
The applicant is proposing a four (4) feet high block wall with wrought iron and split-face
columns along the east property line for thirty (30) feet and a six (6) feet high block wall
for the remainder of the east property line to match the adjacent property's fencing
along the west and north property line. In addition. the applicant is proposing to remove
the existing four (4) feet high wrought iron fence along the front property line.
Landscaping
The landscaping is subject to Rosemead Municipal Code, Section 17.12.030 and the
City's Water Efficient Landscaping regulations. The applicant is proposing
approximately 3,608 square feet (41%) of landscaping for the entire site. The
landscaping will satisfy all requirements set forth in Rosemead Municipal Code, Section
17.12.030. In addition, a Condition of Approval has been incorporated to ensure that
the final landscape plan will meet the City's Water Efficient Landscaping regulations.
Mechanical Equipment
The applicant is proposing two (2) ground-mounted air conditioning units and an exterior
tankless water heater along the west side of the dwelling unit. The air conditioning units
and tankless water heater are located away from public view and cannot be seen from
the public right-of-way.
Municipal Code Requirements
According to Rosemead Municipal Code, Section 17.12.030(B)(1)(j), any new dwelling
unit to be constructed that equals or exceeds two thousand five hundred (2,500) square
feet of developed living area shall be subject to a discretionary Site Plan and Design
Review.
Rosemead Municipal Code, Section 17.28.020(C), provides the criteria by which the
Planning Commission may approve, approve with conditions, or disapprove an
application:
A. The plans indicate proper consideration for the relationship between the
proposed building and site developments that exist or have been approved for
the general neighborhood.
The subject property is located within an established residential area of the City.
The applicant has provided an aesthetically complementary design, which
consists of a modern two-story residential design and new landscaping. The
development would improve the overall aesthetics of the surrounding
neighborhood.
y
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March 21,2016
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B. The plan for the proposed structure and site development indicates the manner
in which the proposed development and surrounding properties are protected
against noise, vibrations, and other factors which may have an adverse effect on
the environment, and the manner of screening mechanical equipment, trash,
storage and loading areas.
The proposed structure is designed with front, side, and rear setbacks that meet
or exceed the minimum requirements of the R-2 zone, which creates a large
buffer between the proposed residence and the surrounding residences to
protect against noise, vibrations, and other factors that may have an adverse
effect on the environment and neighborhood. This development would not
generate any foreseeable permanent negative impacts to the noise levels of the
surrounding area. All construction work would be required to comply with the
timeframe and decibel levels indicated in the City of Rosemead Noise Ordinance.
Conditions of Approval will specifically address factors such as noise,
construction hours, landscaping, 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 would not depreciate the appearance and value of the local
environment. Staff has worked closely with the applicant to achieve a residential
design that would complement the neighborhood character. The applicant has
proposed a modern architectural design, which incorporates some aesthetic
characteristics found in residences currently built in the San Gabriel Valley. The
dwelling unit has been designed to create visual interest at the street level. The
proposed design elements are similar to many homes in the surrounding area.
D. The proposed building or structure is in harmony with the proposed
developments on land in the general area, especially those instances where
buildings are within or adjacent to land shown on the General Plan as being part
of the Civic Center or in public or educational use, or are within or immediately
adjacent to land included within any precise plan which indicates building shape,
size, or style.
The subject property is not part of the Civic Center Plan, precise plan, or land
reserved for public or educational use. The applicant has proposed an appealing
architectural design, which will create an improved site that is aesthetically
complementary to the surrounding 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.
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March 21,2016
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The proposed development satisfies all of the minimum zoning code
requirements for the R-2 (Light Multiple Residential) zone, and all applicable
referenced code sections of the Rosemead Municipal Code.
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.
Access to the subject site would continue to be from Newby Avenue. The design
and construction of this project would preserve and provide adequate access and
circulation for vehicular and pedestrian traffic. The proposed dwelling unit and
landscaping will significantly improve the visual effect of the site from the view of
the public street.
Public Notice Process
This item has been noticed through the regular agenda notification process, which
includes a 300-feet radius public hearing notice to forty-nine (49) property owners,
publication in the Rosemead Reader on March 10, 2016, and postings of the notice at
the six (6) public locations and on the subject site.
Prepared by: Submitted by:
Annie Lao Michelle Ramirez
Assistant Planner Community Development Director
EXHIBITS:
A. Planning Commission Resolution No. 16-05 with Attachment"A" (Conditions of Approval)
B. Site Plan, Floor Plan, and Elevations
C. Assessor Parcel Map (APN: 5391-011-034)
Planning Commission Meeting
March 21,2016
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EXHIBIT "A"
PC RESOLUTION 16-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING DESIGN REVIEW 15-06, PERMITTING A NEW 2,818
SQUARE FEET TWO-STORY SINGLE-FAMILY DWELLING UNIT WITH
AN ATTACHED THREE-CAR GARAGE. THE SUBJECT PROPERTY IS
LOCATED AT 8917 NEWBY AVENUE (APN: 5391-011-034), IN THE R-
2 (LIGHT MULTIPLE RESIDENTIAL) ZONE.
WHEREAS, on June 18, 2015, Vinh Tran submitted a Design Review application
to request to construct a new 2,818 square feet two-story single-family dwelling unit with
an attached three-car garage at 8917 Newby Avenue;
WHEREAS, 8917 Newby Avenue is located in the R-2 (Light Multiple
Residential) zoning district;
WHEREAS, Section 17.28.020(C) of the Rosemead Municipal Code provides the
criteria for a Design Review;
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Sections 17.28.020(C) of the Rosemead Municipal Code authorizes the Planning
Commission to approve, conditionally approve, or deny Design Review applications;
WHEREAS, on March 10, 2016, forty-nine (49) notices were sent to property
owners within a 300-feet radius from the subject property, the notice was published in
the Rosemead Reader, and notices were posted in six (6) public locations and on site,
specifying the availability of the application, and the date, time, and location of the
public hearing for Design Review 15-06;
WHEREAS, on March 21 , 2016, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Design
Review 15-06; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Planning Commission HEREBY DETERMINES that Design
Review 15-06 is classified as a Class 3 Categorical Exemption, pursuant to Section
15303 of the California Environmental Quality Act guidelines. Section 15303 of the
California Environmental Quality Act guidelines exempts projects consisting of
Planning Commission Meeting
March 21,2016
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construction and location of limited numbers of new, small facilities or structures;
installation of small new equipment and facilities in small structures; and the conversion
of existing small structures from one use to another where only minor modifications are
made in the exterior of the structure.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Design Review 15-06, in accordance with Section
17.28.020(C) of the Rosemead Municipal Code as follows:
A. The plans indicate proper consideration for the relationship between the
proposed building and site developments that exist or have been approved for the
general neighborhood.
FINDING: The subject property is located within an established residential area
of the City. The applicant has provided an aesthetically complementary design, which
consists of a modern two-story residential design and new landscaping. The
development would improve the overall aesthetics of the surrounding neighborhood.
B. The plan for the proposed structure and site development indicates the
manner in which the proposed development and surrounding properties are protected
against noise, vibrations, and other factors which may have an adverse effect on the
environment, and the manner of screening mechanical equipment, trash, storage and
loading areas.
FINDING: The proposed project is designed with front and rear setbacks that
exceed the minimum requirements of the R-2 zone, which creates a large buffer
between the subject residence and the surrounding residences to protect against noise,
vibrations, and other factors that may have an adverse effect on the environment and
neighborhood. This development will not generate any foreseeable permanent negative
impacts to the noise levels of the surrounding area. All construction work would be
required to comply with the timeframe and decibel levels indicated in the City of
Rosemead Noise Ordinance. Conditions of Approval will specifically address factors
such as construction hours, landscaping, 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 would not depreciate the appearance and value
of the local environment. Staff has worked closely with the applicant to achieve a
residential design that would complement the neighborhood character. The applicant
has proposed a contemporary architectural design, which incorporates some aesthetic
characteristics found in residences currently built in the San Gabriel Valley. The
dwelling unit has been designed to create visual interest at the street level. The
proposed design elements are similar to many homes in the surrounding area.
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March 21,2016
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D. The proposed building or structure is in harmony with the proposed
developments on land in the general area, especially those instances where buildings
are within or adjacent to land shown on the General Plan as being part of the Civic
Center or in public or educational use, or are within or immediately adjacent to land
included within any precise plan which indicates building shape, size, or style.
FINDING: The subject property is not part of the Civic Center Plan, precise plan,
or land reserved for public or educational use. The applicant has proposed an appealing
architectural design, which will create an improved site that is aesthetically
complementary to the surrounding 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.
FINDING: The proposed development satisfies all of the minimum zoning code
requirements for the R-2 (Light Multiple Residential) zone, and all applicable referenced
code sections of the Rosemead Municipal Code.
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: Access to the subject site would continue to be from Newby Avenue.
The design and construction of this project would preserve and provide adequate
access and circulation for vehicular and pedestrian traffic. The proposed development
will not significantly change the visual effect of the site from the view of the public street.
SECTION 3. The Planning Commission HEREBY APPROVES Design Review
15-06 for the construction of a new 2,818 square feet two-story single-family dwelling
unit with an attached three-car garage at 8917 Newby Avenue, and subject to the
conditions listed in Attachment "A" attached hereto and incorporated herein by
reference.
SECTION 4. This action shall become final and effective ten (10) days after this
decision by the Planning Commission, unless within such time a written appeal is filed
with the City Clerk for consideration by the Rosemead City Council as provided in
Rosemead Municipal Code, Section 17.160.040 — Appeals of Decisions.
a
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March 21,2016
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SECTION 5. This resolution is the result of an action taken by the Planning
Commission on March 21 , 2016, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECTION 6. The Secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 21 th day of March, 2016.
John Tang, Chair
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 21111 day of
March, 2016, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Michelle Ramirez, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
March 21,2016
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ATTACHMENT "A"
(PC RESOLUTION 16-04)
DESIGN REVIEW 15-06
8917 NEWBY AVENUE
(APN: 5391-011-034)
CONDITIONS OF APPROVAL
March 21. 2016
Standard Conditions of Approvals
1. Design Review 15-06 ("Project") is approved for the construction of a new 2,818
square feet two-story single-family dwelling unit with an attached three-car
garage, in accordance with the plans marked Exhibit "B", dated March 07, 2016.
Any revisions to the approved plans must be resubmitted for Planning Division
review and, if satisfactory, approval.
2. The following conditions must be complied to the satisfaction of the Planning
Division prior to final approval of the associated plans, building permits,
occupancy permits, or any other appropriate request.
3. The conditions listed on this exhibit shall be copied directly onto any
development plans subsequently submitted to the Planning and Building
Divisions.
4. Approval of Project shall not take effect for any purpose until the applicants have
filed with the City of Rosemead ("City") a notarized affidavit stating that he/she is
aware of and accepts all of the conditions of approval as set forth in the letter of
approval and this list of conditions within ten (10) days from the Planning
Commission approval date.
5. The on-site public hearing notice posting shall be removed by the end of the 10-
day appeal period of Project.
6. Project is approved for a period of one (1) year. The applicant shall commence
the approved project or request an extension within 30 calendar days prior to
expiration. The one (1) year initial approval period shall be effective from the
Planning Commission approval date. For the purpose of this petition, project
commencement shall be defined as beginning the permitting process with the
Planning and Building Divisions, so long as the project is not abandoned. If
Project has been unused, abandoned, or discontinued for a period of one (1)
year, it shall become null and void.
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7. The Planning Commission hereby authorizes the Planning Division to make
and/or approve minor modifications to the project and to these conditions of
approval.
8. Project 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 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 Project.
9. The applicants 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.
10. The applicants 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.
11 . 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. Prior to
issuance of building permits, any required school fees shall be paid. The
applicant shall provide the City with written verification of compliance from the
applicable school districts.
12. The numbers of the address signs shall be at least six (6) inches tall with a
minimum character width of 3/4 inch, 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 Community Development Director, or his/her
designee, prior to installation.
13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday
through Saturday. No construction shall take place on Sundays or on any federal
holiday, without prior approval by the City.
14. The Building Division, Planning Division, and Engineering Division shall have
access to the subject property at any time during construction to monitor
progress.
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15. All requirements of the Building and Safety Division, Planning Division, and
Engineering Division shall be complied with prior to the final approval of the
proposed construction.
16. All ground level mechanical/utility equipment (including meters, back flow
prevention devices, fire valves, A/C condensers, furnaces, 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.
17. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
18. The property shall be graded to drain to the street, but in no case shall such
drainage be allowed to sheet flow across public sidewalk. A grading and/or
drainage plan shall be prepared, submitted to, and approved by the Building
Official, and such grading and/or drainage shall take place in accordance with
such approved plan.
Project Specific Conditions of Approval
19. All property that is vacant, under construction, or being demolished shall be
totally enclosed around the perimeter by a fence that is a minimum of six feet in
height as measured from adjacent property, subject to the approval of the
Community Development Director or other designated officials. The following
requirments shall be met:
a. The required fence shall be adequately constructed from chain-link,
lumber, masonry or other approved materials. The fence shall be entirely
self-supporting and shall not encroach or utilize structures or fencing on
any adjacent property without prior written approval of the adjacent
property owner.
b. The fence shall be installed prior to the initiation of any construction or
demolition and shall be continuously maintained in good condition.
c. Maintenance of the property shall include the removal of trash and debris,
weeding, and pruning of dead materials.
d. Signs stating "PRIVATE PROPERTY, NO TRESPASSING" shall be
posted on the fence.
20. All fences and/or walls shall be decorative and consistent in design, color, and
material throughout the subject property. All new fences and/or walls shall match
or complement the surrounding fences and/or walls to the satisfaction of the
Planning Division. The proposed CMU block wall on the east property line shall
incorporate split face columns. A fence permit shall be obtained prior to
installation of the new wall.
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March 21,2016
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21 . A series of stamped, colored concrete bands shall be incorporated with a
minimum depth of 12 feet. The bands shall complement the single-family
dwelling unit.
22. All gutters, downspouts, exterior water heaters, and similar architectural features
shall be painted to match the single-family dwelling unit.
23. The final landscaping plans shall comply with the City of Rosemead's Water
Efficient Landscaping regulations.
•
•
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March 21,2016
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