PC - Item 3B - Staff Report Design Review 16-04 at 8449 Garvey Avenue and 3014 Earle AvenueROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: FEBRUARY 5, 2018
SUBJECT: DESIGN REVIEW 16-04
8449 GARVEY AVENUE AND 3014 EARLE AVENUE
SUMMARY
Gerard Ngo of Waikiki Property LLC has submitted a Design Review application, a
request to construct a new residential/commercial mixed-use development at 8449
Garvey Avenue and 3014 Earle Avenue. The project would consist of 35 residential
apartment units and 7,520 square feet of commercial floor area. The project site is located
in a Medium Commercial with Residential/Commercial Mixed -Use Development and
Design Overlays (C-3/RC-MUDO/D-O) zone. Per Rosemead Municipal Code Section
17.28.030.13.1, a precise plan of design for a residential/commercial mixed-use
development shall be submitted, and approved in accordance with the requirements of
[Rosemead Municipal Code] Section 17.28.020 (Design Overlay Zone),
ENVIRONMENTAL DETERMINATION
The City of Rosemead, acting as the Lead Agency, has completed an Initial Study and
prepared a Draft Mitigated Negative Declaration for the proposed residential/commercial
mixed-use development, pursuant to Section 15070 of the California Environmental.
Quality Act. On the basis of the Initial Study, the City of Rosemead has found that, if
mitigation measures were implemented, the project would have less than significant
impacts, and therefore, a Draft Mitigated Negative Declaration was prepared.
A Notice of Intent to Adopt a Mitigated Negative Declaration for the project was distributed
for a 30 -day public review and comment period of January 3, 2018, to February 1, 2018,
The Mitigated Negative Declaration, along with public comments and Mitigation
Monitoring and Reporting Program, are attached as Exhibit "E", respectively. If the
Planning Commission recommends approval of the project and adoption of the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program to the City
Council, the Planning Commission shall consider the proposed Mitigated Negative
Declaration before making its recommendation.
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Planning Commission Meeting
February 5, 2018
Pape 4 of 39
DISCUSSION
Project Description
As illustrated in Exhibit "B", the applicant has proposed to demolish all existing structures,
merge the two existing parcels as one, and construct a new residential/commercial mixed-
use development on the project site. The new four-story development would consist of
the following:
• 35 residential apartment units — 40,020 square feet total
o Nine one-bedroom/one-bathroom units — 880 square feet per unit
0 23 two-bedroom/two-bathroom units — 1,200 square feet per unit
o Three two-bedroom/two-bathroom corner units — 1,500 square feet per unit
• 7 commercial units — 7,520 square feet total
0 2,200 square feet of restaurant floor area
0 5,000 square feet of retail floor area
0 320 square feet of manager's office floor area
• Surface- and subterranean -level off-street parking areas
• Outdoor central courtyard
• Indoor residential community amenities —4,160 square feet total
o Library
o Lounge
o Play room for children
o Gym
The General Plan land use designation of the project site allows for a maximum of 30
dwelling units per net acre. With a net lot area of 0.868 acres, the proposed project may
provide a maximum of 26 residential units.
The applicant has requested a density bonus, under Rosemead Municipal Code Chapter
17.84 and Senate Bill 1818, to increase the allowable density by 35%. To achieve a 35%
density bonus by providing lower-income households as the target housing units, at
minimum, 20% of the total residential units, but not including bonus residential units, must
be allocated for lower-income households. Accordingly, the applicant has proposed to
allocate six out of 26 residential units for lower-income households.
In addition to the density bonus request, the applicant has requested two concessions:
(1) increase in maximum height and number of stories and (2) deviation from allowable
land use mix.
Planning Commission Meeting
February 5, 2018
Page 5 of 39
Requested Concessions in Conjunction with Density Bonus
fiseme_tr?1�?
,.:
Three stories high
Four stories high
50 feet in height
55 feet in height
max.
(proposed)
67% residential and 33% commercial
85.5% residential and 14.5% commercial
land use mix
land use mix
Per Rosemead Municipal Code Section 17.28.030(B)(1), a precise plan of design for a
residential/commercial mixed-use development shall be submitted, and approved in
accordance with the requirements of Chapter 17.28, Section 17.28.020 (Design Overlay
Zone). However, per Rosemead Municipal Code Section 17.120.030(6), multiple
applications for the same project shall be processed concurrently, and shall be reviewed,
and approved or denied by the highest review authority designated by this Zoning Code
for any of the applications. Since the project application includes a Density Bonus request,
which must be approved or denied by the City Council, the highest review authority for
the proposed project is the City Council.
Per Rosemead Municipal Code Section 17.84.090, when the requirements of [Chapter
17.84] are satisfied, the requested incentive/concession shall be granted unless the City
Council makes the following finding based on evidence in the record: The requested
incentive/concession is not required to make the units affordable.
Development Standards
Lot Area
30,000 sq. ft. min.
37,810 sq. ft.
Floor -Area
1.6:1 (max.)
1.4:1
Ratio
Front Setback
Zero to 3 ft.
2 ft.
Interior Side
10 ft.
10 ft.
Setback
Street Side
None
Zero ft.
Setback
Rear Setback
Zero or 10 ft.
Zero ft.
55 ft. and 4 stories
Height
50 ft. and 3 stories (max.)
*Requested
concession
Variable Height
N/A
N/A
Residential:
1 -bedroom unit— 1 sp.
3 -bedroom and below unit -2 sp.
Residential:
Off -Street
61 residential spaces required
70 sp. provided
Vehicle Parking
(residential requirement reduced
as part of Density Bonus request)
Planning Commission Meeting
February 5, 2018
Pare 6 of 39
Floor Plan
The applicant has proposed seven commercial units and a manager's office, with a total
commercial floor area of 7,520 square feet. The seven commercial units would allow for
restaurant and retail uses.
The 35 residential apartment units would be located on the second through fourth floors,
and are categorized into three types, as shown in the following chart.
Residential Apartment Unit T es
dumber of Amer oft z fit,
A 1 1 880 s.ft. 9
B 2 2 1,200 sq. ft. 23
C 2 2 1,500 sq. ft. 3
Corner Unit
Each residential apartment unit contains, at minimum, a living room, kitchen, laundry
area, private open space, and storage space.
Elevations
The architectural style is modern and characterized by multi -story street -facing facades
with strong, distinct lines and angles. The proposed color scheme consists of primarily of
contrasting earth -tone colors, and the proposed exterior finish is predominantly stucco
with complementary wood, stone, and metal details. The flat roofline utilizes varying
heights to alleviate the bulk and mass of the structure. The overall design of the project
Commercial:
Restaurant — 1 sp. per 100 sq. ft.
Commercial:
Retail — 1 sp. per 250 sq. ft.
46 sp. provided
43 commercial spaces required
104 totals p aces req wired
116 totals aces provided
10% of required parking (min.)
Bicycle Parking
10 total bicycle spaces required
14 bicycle spaces provided
Land Use Mix
67% residential and 33%
85.5% residential and 14.5%
commercial land use mix
commercial land use mix
Common Open Space:
Common Open Space:
150 sq. ft. per unit
8,500 sq. ft.
5,250 sq. ft.
(provided)
Open Space
Private Open Space:
Private Open Space:
60 sq. ft. per unit
3,166 sq. ft.
2,100 sq. ft.(provided)
Floor Plan
The applicant has proposed seven commercial units and a manager's office, with a total
commercial floor area of 7,520 square feet. The seven commercial units would allow for
restaurant and retail uses.
The 35 residential apartment units would be located on the second through fourth floors,
and are categorized into three types, as shown in the following chart.
Residential Apartment Unit T es
dumber of Amer oft z fit,
A 1 1 880 s.ft. 9
B 2 2 1,200 sq. ft. 23
C 2 2 1,500 sq. ft. 3
Corner Unit
Each residential apartment unit contains, at minimum, a living room, kitchen, laundry
area, private open space, and storage space.
Elevations
The architectural style is modern and characterized by multi -story street -facing facades
with strong, distinct lines and angles. The proposed color scheme consists of primarily of
contrasting earth -tone colors, and the proposed exterior finish is predominantly stucco
with complementary wood, stone, and metal details. The flat roofline utilizes varying
heights to alleviate the bulk and mass of the structure. The overall design of the project
Planning Commission Meeting
February 5, 2018
Page 7 of 39
takes a decidedly balanced, restrained approach in terms of massing, colors and
materials, and architectural features, and does not utilize excessive or exaggerated
design cues that may not be compatible with the community.
Landscaping and Walls
As shown on the conceptual landscape plan, new landscaping has been proposed
throughout the site. On the first floor, landscaping would be primarily on the perimeter of
the development, whereas, on the second floor, landscaping would be concentrated in
the outdoor central courtyard.
The applicant has proposed to construct a perimeter wall along the northern property line.
Walls along the rest of the perimeter would not be necessary or viable, as the building
would essentially be built to the southern, western, and eastern property lines.
Lighting
Per Rosemead Municipal Code, Section 17.28.030(D)(10), a photometric survey (lighting
plan) shall be approved by the Planning Commission for each mixed-use development.
The results of the photometric study are shown in Figure 13 of the Draft Mitigated
Negative Declaration. The photometric analysis shows that the proposed project will
generate minimal off-site light to the residences northerly of the project site.
The following mitigation measure has been recommended to mitigate potential impacts:
Prior to the issuance of a building permit the project applicant shall submit a lighting
plan for approval by the Planning Division that incorporates the following light
reducing measures as applicable:
o Select lighting fixtures with more -precise optical control and/or different
lighting distribution.
o Relocate and/or change the height and/or orientation of proposed lighting
fixtures.
o Add external shielding and/or internal reflectors to fixtures.
• Select lower -output lamp/lamp technologies
® A combination of the above.
Off -Street Parking and Access
The sole vehicular access to the site would be through a 25 feet wide driveway on Earle
Avenue. Pedestrians would be able to access the site on Garvey Avenue and Earle
Avenue.
As part of the Density Bonus request, the applicant is eligible for a reduction in the
minimum off-street parking spaces required for the residential apartment units. Standard
.Rosemead Zoning Code off -parking requirements apply to the commercial units. A total
of 104 parking spaces are required for the proposed project. The applicant has proposed
Planning Commission Meeting
February 5, 2018
Page 8 of 39
to provide 116 total parking spaces. Off-street parking spaces for the residential and
commercial uses would be provided on the subterranean- and surface -level, respectively.
Traffic
A traffic impact report for the proposed project has been prepared by Stantec. The traffic
impact report studied 10 area intersections. The ten studied intersections consist of:
1. San Gabriel at 1-10 Westbound Ramps (stop controlled);
2. San Gabriel Boulevard at 1-10 Eastbound Ramps (stop controlled);
3. San Gabriel Boulevard at Hellman Avenue (signalized);
4. San Gabriel Boulevard at Garvey Avenue (signalized);
5. Delta Avenue at Garvey Avenue (signalized);
6. Walnut Grove Avenue at 1-10 Westbound Ramps (stop controlled);
7. Walnut Grove Avenue at Hellman Avenue (signalized);
8. 1-10 Eastbound off -ramp at Hellman Avenue (signalized);
9. Walnut Grove Avenue at Garvey Avenue (signalized); and
10. Walnut Grove Avenue at Fern Avenue (signalized).
City of Rosemead's City Engineer has reviewed the traffic impact report and Draft
Mitigated Negative Declaration, and has found it acceptable with the recommended
mitigations measures and conditions of approval.
Soils Report
The project site is located within areas susceptible to earthquake -induced liquefaction.
Liquefaction is the sudden failure and fracturing of saturated ground resulting from an
earthquake, which can cause structural failure of buildings, roadways, bridges, etc.
Structures presently on the site, as well as any future structures, may be subject to the
impacts of liquefaction. The City of Rosemead's independent geotechnical and geological
consultants have reviewed the soils report and have deemed it acceptable as presented.
The soils report is relied on by the Mitigated Negative Declaration and mitigation
measures have been recommended to address potential concerns.
Agency Review Comments
Within the 30 -day public review period, the City of Rosemead has received comments
(Exhibit "G") from the following agencies:
1. Los Angeles County Metropolitan Transportation Authority;
2. County Sanitation Districts of Los Angeles County; and
3. County of Los Angeles Fire Department.
The City of Rosemead's environmental consultant has reviewed the submitted comments
and did not find that the comments would raise any issues with the project.
Planning Commission Meeting
February 5, 2018
Paae 9 of 39
MUNICIPAL CODE REQUIREMENTS
Per Rosemead Municipal Code, Section 17.28.030.6.1, a precise plan of design for a
residential/commercial mixed-use development shall be submitted, and approved in
accordance with the requirements of Chapter 17.28, Section 17.28.020 (Design Overlay
Zone).
Per Rosemead Municipal Code, Section 17.28.020(C), the Planning Commission or the
Community Development Director where authorized, may approve, approve with
conditions, or disapprove any application based on the following criteria:
1. 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 configuration of the residential/commercial mixed-use development, as
indicated on the plans, demonstrates proper consideration for the existing and
approved site developments in the general neighborhood. The placement of
commercial units and pedestrian access to the commercial portions of the project
along Garvey Avenue further reinforces Garvey Avenue as an established
commercial corridor in the City of Rosemead. The lack of commercial units along
Earle Avenue, a street with primarily residential uses, creates a buffer between the
commercial activity and existing residential uses located north of the project site.
2. 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.
The project is located within an established commercial corridor in the City of
Rosemead. The commercial units are located along Garvey Avenue, which is
aligned with the existing commercial uses. In doing so, a substantial buffer is
created between the commercial activity and the existing residential uses located
north of the project site. In addition, a combination of trees and wall would provide
screening and protection between the parking area and such residential uses.
Landscaping screening will be provided for visible mechanical elements, such as
transformers. Conditions of approval and mitigation measures will be imposed on
the project to protect surrounding properties against potential adverse effects. All
construction work will be required to comply with the timeframe and decibel levels
indicated in the City of Rosemead's Noise Ordinance.
3. 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.
Planning Commission Meeting
February 5, 2018
Facie 10 of 39
The development is aesthetically more appealing than the structures that it would
replace and would likely improve the appearance and value of the local
environment. The architectural style is modern and characterized by multi -story
street -facing facades with strong, distinct lines and angles. The proposed color
scheme consists of primarily of contrasting earth -tone colors, and the proposed
exterior finish is predominantly stucco with complementary wood, stone, and metal
details. The flat roofline utilizes varying heights to alleviate the bulk and mass of
the structure. The overall design of the project takes a decidedly balanced,
restrained approach in terms of massing, colors and materials, and architectural
features, and does not utilize excessive or exaggerated design cues that may not
be compatible with the community.
4. 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 project is located in area with the proper General Plan land use designation
and zone for residential/commercial mixed-use development. The project site is
not located in or adjacent to land shown on the General Plan as being part of the
Civic Center or in public or education use, or land in any precise plan which
indicates building shape, size, or style. Furthermore, the placement of commercial
units and pedestrian access to the commercial portions of the project along Garvey
Avenue further reinforces Garvey Avenue as an established commercial corridor
in the City of Rosemead, while residential uses are above and behind the
commercial uses.
5. 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.
The proposed development satisfies all of the standards of the Zoning Code and
other applicable ordinances in so far as the location and appearance of the
structures are involved.
6. 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 when viewed
from the public streets.
The commercial units are located along Garvey Avenue, which is aligned with the
existing commercial uses. In doing so, the commercial -oriented pedestrian foot
traffic is concentrated along the established commercial corridor, Garvey Avenue.
The commercial off-street parking area is located on the surface -level for ease of
Planning Commission Meeting
February 5, 2018
Page 11 of 39
access to the commercial units, while the residential off-street parking area is
located on the subterranean -level with a secured entry gate to prevent public
access. The driveway for vehicles to access the development is located on Earle
Avenue instead of Garvey Avenue, which promotes pedestrian walkability along
the commercial corridor. A master sign program must be submitted and approved
by the Planning Division to ensure the orderly design and placement of signage.
Landscaping on the surface level is located along the perimeter of the development
to soften the appearance of the structure and provide screening for the residential
uses northerly of the project site. A mitigation measure has been imposed on the
project to protect surrounding properties from luminaires on the project site.
PUBLIC NOTICE PROCESS
This item has been noticed with a 30 -calendar day public review period, which includes
a 300 -foot radius public hearing notice to 60 property owners, publication in the
Rosemead Reader, postings of the notice on six public locations and on the subject site,
and filed with the Los Angeles County Clerk.
Prepared by: Reviewed by:
�.�44L
Cory Hanh Lily Valenzuela
Associate Planner City Planner
Submitted by:
Ben Ki
Director of Community Development
EXHIBITS:
A. Planning Commission Resolution No. 18-03
B. Site Plan, Floor Plan, and Elevations (Dated December 18, 2017)
C. Assessor's Parcel Map (APN: 5288-004-041 and 5288-004-057)
D. Letter of Request for Density Bonus and Concessions
E. Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
F. Draft City Council Resolution No. 2018-11 with Conditions of Approval (Attachment "A")
G. Agency Review Comments
Planning Commission Meeting
February 5, 2018
Paqe 12 of 39
EXHIBIT "A"
PC RESOLUTION 18-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL ADOPT RESOLUTION
2018-11 TO APPROVE DESIGN REVIEW 16-04 AND ADOPT THE
ASSOCIATED MITIGATED NEGATIVE DECLARATION, FOR THE
CONSTRUCTION OF A NEW RESIDENTIAL/COMMERCIAL MIXED-USE
DEVELOPMENT AT 8449 GARVEY AVENUE AND 3014 EARLE
AVENUE (APN: 5288-004-041 AND 5288-004-057), IN A MEDIUM
COMMERCIAL WITH RESIDENTIAL/COMMERCIAL MIXED-USE
DEVELOPMENT AND DESIGN OVERLAYS (C-3/RC-MUDO/D-O) ZONE
WHEREAS, on May 4, 2016, Gerard Ngo of Waikiki Property LLC submitted a
Design Review application, requesting to construct a new residential/commercial mixed-
use development at 8449 Garvey Avenue and 3014 Earle Avenue;
WHEREAS, 8449 Garvey Avenue and 3014 Earle Avenue are located in a Medium
Commercial with Residential/Commercial Mixed -Use Development and Design Overlays
(C-3/RC-MUDO/D-0) zoning district;
WHEREAS, Section 17.28.020(C) of the Rosemead Municipal Code provides the
criteria for a Design Review;
WHEREAS, Sections 65800 and 65900 of the California Government Code and
Section 17.28.020(C) of the Rosemead Municipal Code authorizes the Planning
Commission to approve, conditionally approve, or deny Design Review applications;
WHEREAS, Section 17.84.010 of the Rosemead Municipal Code authorizes the
City Council to approve projects requesting density bonuses, concessions, and/or
incentives;
WHEREAS, Section 17.120.030(B) of the Rosemead Municipal Code requires that
multiple applications for the same project shall be processed concurrently, and shall be
reviewed, and approved or denied by the highest review authority designated by the
Rosemead Zoning Code for any of the applications;
WHEREAS, on January 3, 2018, 60 notices were sent to property owners within a
300 -foot radius from the subject property, the notice was published in the Rosemead
Reader, notices were posted in six public locations and on site, and filed with the Los
Angeles County Clerk, specifying the availability of the application, and the date, time,
and location of the public hearing for Design Review 16-04;
Planning Commission Meeting
February 5, 2018
Page 13 of 39
WHEREAS, on February 5, 2018, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Design
Review 16-04; 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 has sufficiently considered the proposed
Mitigated Negative Declaration and HEREBY RECOMMENDS that the City Council adopt
the Mitigated Negative Declaration as the environmental clearance for Design Review 16-
04.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Design Review 16-04, 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 configuration of the residential/commercial mixed-use
development, as indicated on the plans, demonstrates proper consideration for the
existing and approved site developments in the general neighborhood. The placement of
commercial units and pedestrian access to the commercial portions of the project along
Garvey Avenue further reinforces Garvey Avenue as an established commercial corridor
in the City of Rosemead. The lack of commercial units along Earle Avenue, a street with
primarily residential uses, creates a buffer between the commercial activity and existing
residential uses located north of the project site.
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: The project is located within an established commercial corridor in the
City of Rosemead. The commercial units are located along Garvey Avenue, which is
aligned with the existing commercial uses. In doing so, a substantial buffer is created
between the commercial activity and the existing residential uses located north of the
project site. In addition, a combination of trees and wall would provide screening and
protection between the parking area and such residential uses. Landscaping screening
will be provided for visible mechanical elements, such as transformers. Conditions of
approval and mitigation measures will be imposed on the project to protect surrounding
properties against potential adverse effects. All construction work will be required to
Planning Commission Meeting
February 5, 2018
Pape 14 of 39
comply with the timeframe and decibel levels indicated in the City of Rosemead's Noise
Ordinance.
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 development is aesthetically more appealing than the structures
that it would replace and would likely improve the appearance and value of the local
environment. The architectural style is modern and characterized by multi -story street -
facing facades with strong, distinct lines and angles. The proposed color scheme consists
of primarily of contrasting earth -tone colors, and the proposed exterior finish is
predominantly stucco with complementary wood, stone, and metal details. The flat
roofline utilizes varying heights to alleviate the bulk and mass of the structure. The overall
design of the project takes a decidedly balanced, restrained approach in terms of
massing, colors and materials, and architectural features, and does not utilize excessive
or exaggerated design cues that may not be compatible with the community.
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 project is located in area with the proper General Plan land use
designation and zone for residential/commercial mixed-use development. The project site
is not located in or adjacent to land shown on the General Plan as being part of the Civic
Center or in public or education use, or land in any precise plan which indicates building
shape, size, or style. Furthermore, the placement of commercial units and pedestrian
access to the commercial portions of the project along Garvey Avenue further reinforces
Garvey Avenue as an established commercial corridor in the City of Rosemead, while
residential uses are above and behind the commercial uses.
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 standards of the Zoning
Code and other applicable ordinances in so far as the location and appearance of the
structures are involved.
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 when viewed from the public streets.
Planning Commission Meeting
February 5, 2018
Page 15 of 39
FINDING: The commercial units are located along Garvey Avenue, which is
aligned with the existing commercial uses. In doing so, the commercial -oriented
pedestrian foot traffic is concentrated along the established commercial corridor, Garvey
Avenue. The commercial off-street parking area is located on the surface -level for ease
of access to the commercial units, while the residential off-street parking area is located
on the subterranean -level with a secured entry gate to prevent public access. The
driveway for vehicles to access the development is located on Earle Avenue instead of
Garvey Avenue, which promotes pedestrian walkability along the commercial corridor. A
master sign program must be submitted and approved by the Planning Division to ensure
the orderly design and placement of signage. Landscaping on the surface level is located
along the perimeter of the development to soften the appearance of the structure and
provide screening for the residential uses northerly of the project site. A mitigation
measure has been imposed on the project to protect surrounding properties from
luminaires on the project site.
SECTION 3. The Planning Commission HEREBY RECOMMENDS City Council
approval of Design Review 16-04, for the construction of a new residential/commercial
mixed-use development, located at 8449 Garvey Avenue and 3014 Earle Avenue, and
subject to Conditions of Approval.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on February 5, 2018, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECTION 5. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the applicants and the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 5th day of February, 2018.
Sean Dang, Chair
Planning Commission Meeting
February 5, 2018
Paoe 16 of 39
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 5th day of
February, 2018, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Ben Kim, Secretary
APPROVED AS TO FORM:
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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Planning Commission Meeting
February 5, 2018
Pape 18 of 39
EXHIBIT "F"
RESOLUTION 2018-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING
DESIGN REVIEW 16-04 AND ADOPTING THE ASSOCIATED
MITIGATED NEGATIVE DECLARATION, FOR THE CONSTRUCTION OF
A NEW RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT AT
8449 GARVEY AVENUE AND 3014 EARLE AVENUE (APN: 5288-004-
041 AND 5288-004-057), IN A MEDIUM COMMERCIAL WITH
RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT AND
DESIGN OVERLAYS (C-3/RC-MUDO/D-0) ZONE
WHEREAS, on May 4, 2016, Gerard Ngo of Waikiki Property LLC submitted a
Design Review application, requesting to construct a new residential/commercial mixed-
use development at 8449 Garvey Avenue and 3014 Earle Avenue;
WHEREAS, 8449 Garvey Avenue and 3014 Earle Avenue are located in a Medium
Commercial with Residential/Commercial Mixed -Use Development and Design Overlays
(C-3/RC-MUDO/D-0) zoning district;
WHEREAS, Section 17.28.020(C) of the Rosemead Municipal Code provides the
criteria for a Design Review;
WHEREAS, Sections 65800 and 65900 of the California Government Code and
Section 17.28.020(C) of the Rosemead Municipal Code authorizes the Planning
Commission to approve, conditionally approve, or deny Design Review applications;
WHEREAS, Section 17.84.010 of the Rosemead Municipal Code authorizes the
City Council to approve projects requesting density bonuses, concessions, and/or
incentives;
WHEREAS, Section 17.120.030(B) of the Rosemead Municipal Code requires that
multiple applications for the same project shall be processed concurrently, and shall be
reviewed, and approved or denied by the highest review authority designated by the
Rosemead Zoning Code for any of the applications;
WHEREAS, on February 5, 2018, the Planning Commission held a duly noticed
public hearing and recommended approval of Design Review 16-04 to the City Council;
WHEREAS, on February 15, 2018, 60 notices were sent to property owners within
a 300 -foot radius from the subject property, the notice was published in the Rosemead
Reader, notices were posted in six public locations and on site, and filed with the Los
Angeles County Clerk, specifying the availability of the application, and the date, time,
and location of the public hearing for Design Review 16-04;
Planning Commission Meeting
February 5, 2018
Page 19 of 39
WHEREAS, on February 27, 2018, the City Council held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Design Review
16-04;
WHEREAS, the City Council has sufficiently considered the Design Review
application, Mitigated Negative Declaration, environmental findings, and all testimony
presented to them;
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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROSEMEAD AS FOLLOWS:
SECTION 1. The City Council has sufficiently considered the Mitigated Negative
Declaration and HEREBY ADOPTS the Mitigated Negative Declaration as the
environmental clearance for Design Review 16-04.
SECTION 2. The City Council HEREBY FINDS AND DETERMINES that facts do
exist to justify approving Design Review 16-04, 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 configuration of the residential/commercial mixed-use
development, as indicated on the plans, demonstrates proper consideration for the
existing and approved site developments in the general neighborhood. The placement of
commercial units and pedestrian access to the commercial portions of the project along
Garvey Avenue further reinforces Garvey Avenue as an established commercial corridor
in the City of Rosemead. The lack of commercial units along Earle Avenue, a street with
primarily residential uses, creates a buffer between the commercial activity and existing
residential uses located north of the project site.
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: The project is located within an established commercial corridor in the
City of Rosemead. The commercial units are located along Garvey Avenue, which is
aligned with the existing commercial uses. In doing so, a substantial buffer is created
between the commercial activity and the existing residential uses located north of the
project site. In addition, a combination of trees and wall would provide screening and
Planning Commission Meeting
February 5, 2018
Page 20 of 39
protection between the parking area and such residential uses. Landscaping screening
will be provided for visible mechanical elements, such as transformers. Conditions of
approval and mitigation measures will be imposed on the project to protect surrounding
properties against potential adverse effects. All construction work will be required to
comply with the timeframe and decibel levels indicated in the City of Rosemead's Noise
Ordinance.
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 development is aesthetically more appealing than the structures
that it would replace and would likely improve the appearance and value of the local
environment. The architectural style is modern and characterized by multi -story street -
facing facades with strong, distinct lines and angles. The proposed color scheme consists
of primarily of contrasting earth -tone colors, and the proposed exterior finish is
predominantly stucco with complementary wood, stone, and metal details. The flat
roofline utilizes varying heights to alleviate the bulk and mass of the structure. The overall
design of the project takes a decidedly balanced, restrained approach in terms of
massing, colors and materials, and architectural features, and does not utilize excessive
or exaggerated design cues that may not be compatible with the community.
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 project is located in area with the proper General Plan land use
designation and zone for residential/commercial mixed-use development. The project site
is not located in or adjacent to land shown on the General Plan as being part of the Civic
Center or in public or education use, or land in any precise plan which indicates building
shape, size, or style. Furthermore, the placement of commercial units and pedestrian
access to the commercial portions of the project along Garvey Avenue further reinforces
Garvey Avenue as an established commercial corridor in the City of Rosemead, while
residential uses are above and behind the commercial uses.
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 standards of the Zoning
Code and other applicable ordinances in so far as the location and appearance of the
structures are involved.
Planning Commission Meeting
February 5, 2018
Paqe 21 of 39
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 when viewed from the public streets.
FINDING: The commercial units are located along Garvey Avenue, which is
aligned with the existing commercial uses. In doing so, the commercial -oriented
pedestrian foot traffic is concentrated along the established commercial corridor, Garvey
Avenue. The commercial off-street parking area is located on the surface -level for ease
of access to the commercial units, while the residential off-street parking area is located
on the subterranean -level with a secured entry gate to prevent public access. The
driveway for vehicles to access the development is located on Earle Avenue instead of
Garvey Avenue, which promotes pedestrian walkability along the commercial corridor. A
master sign program must be submitted and approved by the Planning Division to ensure
the orderly design and placement of signage. Landscaping on the surface level is located
along the perimeter of the development to soften the appearance of the structure and
provide screening for the residential uses northerly of the project site. A mitigation
measure has been imposed on the project to protect surrounding properties from
luminaires on the project site.
SECTION 3. The City Council HEREBY APPROVES Design Review 16-04, for the
construction of a new residential/commercial mixed-use development, located at 8449
Garvey Avenue and 3014 Earle Avenue, and subject to Conditions of Approval attached
hereto and incorporated herein by reference.
SECTION 4. The Mayor shall sign this resolution and the City Clerk shall attest to
the adoption thereof.
PASSED AND ADOPTED by the City Council of the City of Rosemead, County of
Los Angeles of the State of California on February 27, 2018
Polly Low, Mayor
ATTEST:
Mark Donohue, City Clerk
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
February 5, 2018
Page 22 of 39
ATTACHMENT"A"
(CC RESOLUTION NO. 2018-11)
DESIGN REVIEW 16-04
8449 GARVEY AVENUE AND 3014 EARLE AVENUE
(APN: 5288-004-041 AND 5288-004-057)
CONDITIONS OF APPROVAL
FEBRUARY 27, 2018
Standard Conditions of Approval
Design Review 16-04 ("Project') is approved for the construction of a new
residential/commercial mixed-use development, located at 8449 Garvey Avenue
and 3014 Earle Avenue, in accordance with the plans marked Exhibit `B", dated
December 18, 2017. Any revisions to the approved plans must be resubmitted for
Planning Division review and, if satisfactory, approval.
2. The conditions listed on this exhibit shall be copied directly onto any development
plans. All conditions shall 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.
3. Approval of Project shall not take effect for any purpose until the applicant(s) 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 City Council
approval date.
4. The on-site public hearing notice posting shall be removed by the end of the 10 -
day appeal period of Project.
5. Project is approved for a period of one (1) year. The applicant(s) 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 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 Project has been unused,
abandoned, or discontinued for a period of one (1) year, it shall become null and
void.
6. The City Council hereby authorizes the Planning Division to make and/or approve
minor modifications to the project and to these conditions of approval.
7. Project is granted or approved with the City and its City Council retaining and
reserving the right and jurisdiction to review and to modify the permit, including the
Planning Commission Meeting
February 5, 2018
Page 23 of 39
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 and its 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.
8. The applicant(s) shall defend, indemnify, and hold harmless the City of Rosemead
and/or its agents, officers, and employees from any claim, action, or proceeding
against the City of Rosemead and/or its agents, officers, or employees to attack,
set side, void, or annul, an approval of the City Council concerning the project,
which action is brought within the time period provided by law.
The applicant(s) shall comply with all Federal, State, and local laws relative to the
approved project, 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. 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.
11. 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.
12. 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. The applicant shall abide by the noise
control sections of the Rosemead Municipal Code.
13. The Building Division, Planning Division, and Engineering Division shall have
access to the project site at any time during construction to monitor progress.
14. 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.
15. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Planning Commission Meeting
February 5, 2018
Pape 24 of 39
Proiect Specific Conditions of Approval
16. All proposed fences and/or walls shall be consistent in design and complement the
approved design of the primary building. All proposed fences, walls, and landscape
screening shall comply with the Rosemead Municipal Code.
17. The site shall be maintained in a graffiti -free state.
18. The site shall be maintained in a clean, weed and litter -free state. All trash
containers shall be stored in the approved trash enclosure at all times. All trash
and garbage receptacles shall be regularly inspected and cleaned, and maintained
in a clean, safe, and sanitary condition.
19. All trash enclosures shall be designed to be an integral part of the overall project
design, and utilize complementary colors and materials. All trash enclosures shall
have a solid roof cover and doors shall be opaque, self-closing, and self -latching.
Detailed elevations shall be submitted to the Planning Division for review, and if
satisfactory, approval, prior to submittal to the Building Division.
20. 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.
Project shall comply with the City of Rosemead Water Efficient Landscape
Ordinance and any other drought tolerant requirements in effect. All landscape
areas shall be installed and maintained to the satisfaction of the Planning Division.
21. All 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 and/or adequately screened by landscaping or screening
walls/parapets so as not to be seen from the public right-of-way and/or adjacent
properties to the satisfaction of the Planning Division. Planning Division approved
of said screening shall be obtained prior to installation.
22. 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 (6) feet in height
as measured from adjacent property, subject to the approval of the Community
Development Director or other designated officials. The following requirements
shall be satisfied:
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.
Planning Commission Meeting
February 5, 2016
Pane 25 of 39
b. The fence shall be installed prior to the initiation of any construction or
demolition and shall be continuously maintained in good condition. c. Signs
stating "PRIVATE PROPERTY, NO TRESPASSING" shall be posted on the
fence.
23. The applicant(s) 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.
24. The commercial floor area shall be occupied by retail and/or service uses, with a
maximum of 2,200 square feet of the commercial floor area may be occupied by
public eating and/or drinking establishment use. Office uses are prohibited from
occupying the commercial floor area.
25. A master sign program shall be submitted to the Planning Division for review, and
if satisfactory, approval, prior to the installation of any signage.
26. 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.
27. All open areas not covered by concrete, asphalt, or structures shall be landscaped
and maintained on a regular basis.
28. The parking area, including loading and handicap accessible spaces, shall be
paved and re -painted periodically to City of Rosemead standards to the
satisfaction of the Planning Division. All designated parking stalls shall be double
striped. Such striping shall be maintained in a clear, visible, and orderly manner.
29. Prior to the issuance of building permits, the applicant(s) 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 of Rosemead 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. Before a density bonus granted by the City Council is effective, the developer must
execute and record a density bonus housing agreement with the City for the six
lower-income residential units. The density bonus housing agreement must
include and identify the following:
a. Type, size, and location of each target unit.
b. The term of the agreement.
Planning Commission Meeting
February 5, 2018
Pace 26 of 39
c. The terms of the construction of the target units.
d. Means of availability of the target units.
Mitigation Measures
Aesthetics
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:
a. Select lighting fixtures with more -precise optical control and/or different
lighting distribution.
b. Relocate and/or change the height and/or orientation of proposed lighting
fixtures.
c. Add external shielding and/or internal reflectors to fixtures.
d. Select lower -output lamp/lamp technologies
e. 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.
33. The project developer shall retain a qualified professional archaeologist who meets
U.S. Secretary of the Interior's Professional Qualifications and Standards, to
conduct an Archaeological Sensitivity Training for construction personnel prior to
commencement of excavation activities. The training session shall be carried out
by a cultural resources professional with expertise in archaeology, who meets the
U.S. Secretary of the Interior's Professional Qualifications and Standards. The
training session shall include a handout and will focus on how to identify
archaeological resources that may be encountered during earthmoving activities
and the procedures to be followed in such an event, the duties of archaeological
monitors, and, the general steps a qualified professional archaeologist would
follow in conducting a salvage investigation if one is necessary.
34. In the event that archaeological resources are unearthed during ground -disturbing
activities, ground -disturbing activities shall be halted or diverted away from the
vicinity of the find so that the find can be evaluated. A buffer area of at least 50
feet shall be established around the find where construction activities shall not be
allowed to continue until a qualified archaeologist has examined the newly
discovered artifact(s) and has evaluated the area of the find. Work shall be allowed
to continue outside of the buffer area. All archaeological resources unearthed by
project construction activities shall be evaluated by a qualified professional
archaeologist, who meets the U.S. Secretary of the Interior's Professional
Qualifications and Standards. Should the newly discovered artifacts be
Planning Commission Meeting
February 5, 2018
Paae 27 of 39
determined to be prehistoric, Native American Tribes/] individuals shall be
contacted and consulted and Native American construction monitoring should
be initiated. The project developer and the City shall coordinate with the
archaeologist to develop an appropriate treatment plan for the resources. The plan
may include implementation of archaeological data recovery excavations to
address treatment of the resource along with subsequent laboratory processing
and analysis.
35. The project developer shall retain a qualified professional archaeologist, who
meets the U.S. Secretary of the Interior's Professional Qualifications and
Standards to conduct periodic Archaeological Spot Checks beginning at depths
below Z feet to determine if construction excavations have exposed or have a high
probability to expose archaeological resources. After the initial Archaeological
Spot Check, further periodic checks shall be conducted at the discretion of the
qualified archaeologist. If the qualified archaeologist determines that construction
excavations have exposed or have a high probability to expose archaeological
artifacts construction monitoring for Archaeological Resources shall be required.
The project developer shall retain a qualified archaeological monitor, who will work
under the guidance and direction of a professional archaeologist, who meets the
qualifications set forth by the U.S. Secretary of the Interior's Professional
Qualifications and Standards. The archaeological monitor shall be present during
all construction excavations (e.g., grading, trenching, or clearing/grubbing) into
non -fill younger Pleistocene alluvial sediments. Multiple earth -moving construction
activities may require multiple archaeological monitors. The frequency of
monitoring shall be based on the rate of excavation and grading activities,
proximity to known archaeological resources, the materials being excavated
(native versus artificial fill soils), and the depth of excavation, and if found, the
abundance and type of archaeological resources encountered. Full-time
monitoring can be reduced to part-time inspections if determined adequate by the
project archaeologist.
36. The archaeological monitor, under the direction of a qualified professional
archaeologist who meets the U.S. Secretary of the Interior's Professional
Qualifications and Standards, shall prepare a finalreportat the conclusion of
archaeological monitoring. The report shall be submitted to the project developer,
the South Central Costal Information Center, the City, and representatives of other
appropriate or concerned agencies to signify the satisfactory completion of the
project and required mitigation measures. The report shall include a description of
resources unearthed, if any, evaluation of the resources with respect to the
California Register and CEQA, and treatment of the resources.
37. The project developer shall retain a professional paleontologist, who meets the
qualifications set forth by the Society of Vertebrate Paleontology, to conduct a
Paleontological Sensitivity Training for construction personnel prior to
commencement of excavation activities. The training will include a handout and
will focus on how to identify paleontological resources that may be encountered
Planning Commission Meeting
February 5, 2018
Paae 28 of 39
during earthmoving activities, and the procedures to be followed in such an event;
the duties of paleontological monitors; notification and other procedures to follow
upon discovery of resources; and, the general steps a qualified professional
paleontologist would follow in conducting a salvage investigation if one is
necessary.
38. The project developer shall retain a professional paleontologist, who meets the
qualifications set forth by the Society of Vertebrate Paleontology, shall conduct
periodic Paleontological Spot Checks beginning at depths below six (6) feet to
determine if construction excavations have extended into the Miocene Puente
Formation or into Pleistocene older alluvial deposits. After the initial
Paleontological Spot Check, further periodic checks will be conducted at the
discretion of the qualified paleontologist. If the qualified paleontologist determines
that construction excavations have extended into the Puente Formation or into
older Pleistocene alluvial deposits, construction monitoring for Paleontological
Resources will be required. The project developer shall retain a qualified
paleontological monitor, who will work under the guidance and direction of a
professional paleontologist, who meets the qualifications set forth by the Society
of Vertebrate Paleontology. The paleontological monitor shall be present during
all construction excavations (e.g., grading, trenching, or clearing/grubbing) into the
Puente Formation or into older Pleistocene alluvial deposits. Multiple earth -moving
construction activities may require multiple paleontological monitors. The
frequency of monitoring shall be based on the rate of excavation and grading
activities, proximity to known paleontological resources and/or unique geological
features, the materials being excavated (native versus artificial fill soils), and the
depth of excavation, and if found, the abundance and type of paleontological
resources and/or unique geological features encountered. Full-time monitoring
can be reduced to part-time inspections if determined adequate by the qualified
professional paleontologist.
39. In the event that paleontological resources and/or unique geological features are
unearthed during ground -disturbing activities, ground -disturbing activities shall be
halted or diverted away from the vicinity of the find so that the find can be
evaluated. A buffer area of at least 50 feet shall be established around the find
where construction activities shall not be allowed to continue until appropriate
paleontological treatment plan has been approved by the Applicant and the City.
Work shall be allowed to continue outside of the buffer area. The project developer
and the City shall coordinate with a professional paleontologist, who meets the
qualifications set forth by the Society of Vertebrate Paleontology, to develop an
appropriate treatment plan for the resources. Treatment may include
implementation of paleontological salvage excavations to remove the resource
along with subsequent laboratory processing and analysis or preservation in place.
At the paleontologist's discretion and to reduce construction delay, the grading and
excavation contractor shall assist in removing rock samples for initial processing.
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40. Upon completion of the above activities, the professional paleontologist shall
prepare a report summarizing the results of the monitoring and salvaging efforts,
the methodology used in these efforts, as well as a description of the fossils
collected and their significance. The report shall be submitted to the project
developer, the City, the Natural History Museums of Los Angeles County, and
representatives of other appropriate or concerned agencies to signify the
satisfactory completion of the project and required mitigation measures.
41. If human remains are unearthed during implementation of the project, the City of
Rosemead and the project developer shall comply with State Health and Safety
Code Section 7050.5. The City of Rosemead and the project developer shall
immediately notify the County Coroner and no further disturbance shall occur until
the County Coroner has made the necessary findings as to origin and disposition
pursuant to PRC Section 5097.98. If the remains are determined to be of Native
American descent, the coroner has 24 hours to notify the Native American Heritage
Commission (NAHC). The NAHC shall then identify the person(s) thought to be
the Most Likely Descendent (MLD). After the MLD has inspected the remains and
the site, they have 48 hours to recommend to the landowner the treatment and/or
disposal, with appropriate dignity, the human remains and any associated funerary
objects. Upon the reburial of the human remains, the MLD shall file a record of the
reburial with the NAHC and the project archaeologist shall file a record of the
reburial with the CHRIS-SCCIC. If the NAHC is unable to identify a MLD, or the
MLD identified fails to make a recommendation, or the landowner rejects the
recommendation of the MLD and the mediation provided for in Subdivision (k) of
Section 5097.94, if invoked, fails to provide measures acceptable to the landowner,
the landowner or his or her authorized representative shall inter the human
remains and items associated with Native American human remains with
appropriate dignity on the property in a location not subject to further and future
subsurface disturbance.
Geology and Soils
42. Prior to the issuance of a building permit, the project shall be designed for a peak
acceleration value of 0.953g and 0.519g for the 2% and 10% probability,
respectively as recommended in the geotechnical engineering investigation and
approved by the City Engineer.
Hazards and Hazardous Materials
43. 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
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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
44. Prior to the issuance of a grading permit, the project developer shall submit a
Standard Urban Stormwater Mitigation Plan to the City for approval. All applicable
erosion control measures including Best Management Practices to reduce erosion
and minimize water quality impacts during grading and construction shall be
installed and maintained during construction to control water quality impacts.
45. 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 3/4 of an inch of surface water
runoff from the site as approved by the City Engineer.
46. 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 biofiltration system
with capacity to filter the first 3/4 inch of project generated storm water prior to its
discharge to Earle Avenue.
Noise
47. Project related operational hours for the following activities are recommended to
be restricted as follows:
a. There shall be no delivery vehicle (no trucks) deliveries between the hours
of 10 p.m. to 9 a.m.
b. Refuse collection vehicles shall restrict activity to between the hours of 7
a.m. and 7 p.m.
c. 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.
d. 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:
e. All motorized construction equipment shall be equipped with properly
operating and maintained mufflers.
f. 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.
g. 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.
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h. To the extent feasible, construction haul routes shall not pass directly by
sensitive land uses or residential dwellings.
48. 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.
49. Small bulldozers only shall be permitted to operate within 25 feet of the north and
east property lines.
Public Services
50. Prior to the issuance of the first occupancy permit, the project developer shall
install surveillance cameras, proper lighting and secure doors and windows to the
satisfaction of the Los Angeles County Sheriff Department.
51. Prior to the issuance of a building permit, the project developer shall pay any
required student impact fee to the Garvey Unified School District.
52. Prior to the issuance of a building permit, the project developer shall pay any
required park fee to the City of Rosemead.
Recreation
53. Prior to the issuance of a building permit, the project developer shall pay any
required park fee to the City of Rosemead.
Transportation/Traffic
54. All delivery vehicles entering and exiting the site shall have a maximum height of
8'6".
55. No vehicle deliveries shall occur between the hours of 10 PM to 9 AM.
56. All delivery vehicles shall park in the designated loading area located on the
ground -level commercial parking area.
57. 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.
58. All delivery vehicles (no trucks) entering the site from Earle Avenue shall have a
maximum height of 8'6".
59. All delivery vehicles (no trucks) shall park in the designated Loading areas located
within the commercial parking areas.
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Tribal Cultural Resources
60. The project developer shall retain a Native American Monitor of Gabrieleno
Ancestry to conduct a Native American Indian Sensitivity Training for construction
personnel prior to commencement of any excavation activities. The training
session shall include a handout and focus on how to identify Native American
resources encountered during earthmoving activities and the procedures followed
if resources are discovered, the duties of the Native American Monitor of
Gabrieleno Ancestry and the general steps the Monitor would follow in conducting
a salvage investigation.
61. The project developer shall retain a Native American Monitor of Gabrieleno
Ancestry to be on-site during all project -related, ground -disturbing construction
activities (e.g., pavement removal, auguring, boring, grading, excavation,
potholing, trenching, grubbing, and weed abatement) of previously undisturbed
native soils to a maximum depth of 30 feet below ground surface, or the maximum
depth of excavation. At their discretion, a Native American Monitor of Gabrieleno
Ancestry can be present during the removal of dairy manure to native soil, but not
at the developers' expense.
62. A qualified archaeologist and a Native American Monitor of Gabrieleno Ancestry
shall evaluate all archaeological resources unearthed by project construction
activities. If the resources are Native American in origin, the Tribe shall coordinate
with the developer regarding treatment and curation of these resources. Typically,
the Tribe will request reburial or preservation for educational purposes. If
archeological features are discovered, the archeologist shall report such findings
to the Rosemead Community Development Director. If the archeological
resources are found to be significant, the archeologist shall determine the
appropriate sections, in cooperation with the City that shall be taken for exploration
and/or salvage in compliance with CEQA Guidelines Section 15O64.5(f).
63. Prior to the start of ground disturbing activities, the developer shall arrange a
designated site location within the footprint of the project for the respectful reburial
of Tribal human remains and/or ceremonial objects. All human skeletal material
discoveries shall be reported immediately to the County Coroner. The Native
American Monitor shall immediately divert work a minimum of 50 feet from the
discovery site and place an exclusion zone around the burial. The Native
American Monitor shall notify the construction manager who shall contact the Los
Angeles County Coroner. All construction activity shall be diverted while the Los
Angeles County Coroner determines if the remains are Native American. The
discovery shall be confidential and secure to prevent further disturbance. If
determined to be Native American, the Los Angeles County Coroner shall notify
the Native American Heritage Commission (NAHC) as mandated by state law who
will then appoint a Most Likely Descendent. In the case where discovered human
remains cannot be documented and recovered on the same day, the remains shall
be covered with muslin cloth and a steel plate that can be moved by heavy
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equipment placed over the excavation opening to protect the remains. If this type
of steel plate is not available, a 24-hour guard shall be posted outside working
hours. The Tribe shall make every effort to recommend diverting the project and
keep the remains in situ and protected. If the project cannot be diverted, it may be
determined that burials will be removed. If data recovery,is approved by the Tribe,
documentation shall be taken, which includes at a minimum detailed descriptive
notes and sketches. Additional types of documentation shall be approved by the
Tribe for data recovery purposes. Cremations will either be removed in bulk or
means necessary to ensure complete recovery of all material. If the discovery of
human remains includes four (4) or more burials, the location is considered a
cemetery and a separate treatment plan shall be created. The project developer
shall consult with the tribe regarding avoidance of all cemetery sites. Once
complete, a final report of all activities shall be submitted to the NAHC.
64. No scientific study or the utilization of any invasive diagnostics shall be allowed to
any Native American human remains.
65. If the Los Angeles County Coroner determines the remains represent a historic
non -Native American burial, the burial shall be treated in the same manner of
respect with agreement of the Los Angeles County Coroner. Reburial will be in an
appropriate setting. If the Los Angeles County Coroner determines the remains to
be modern, the Los Angeles County Coroner shall take custody of the remains.
66. Each occurrence of human remains and associated funerary objects shall be
stored using opaque cloth bags. All human remains, funerary objects, sacred
objects and objects of cultural patrimony shall be removed to a secure container
on site if possible. These items shall be retained and reburied within six months
of recovery. The site of reburial/repatriation shall be on the project site, but at a
location agreed upon between the Tribe and the developer and protected in
perpetuity. There shall be no publicity regarding any cultural materials recovered.
Utility and Service Systems
67. 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.
Public Works/Engineering Conditions of Approval
General
68. Applicant shall submit a plan check fee in the amount of $ 17,400.00 for plans
check fees and processing. Applicant shall be aware that they may be subject to
other fees and charges for other services.
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69. The tentative map and supporting plans, as submitted, propose to combine two (2)
existing lots to create one (1) new parcel as lot line adjustment. An application
needs to be submitted for processing.
70. 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.
71. 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.
72. Comply with all requirements of the Subdivision Map Act.
73. 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.
74. 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.
75. 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 City Engineer.
76. A dedication to the City of Rosemead shall be required to widen the public right of
way along the entire frontage of Earle Avenue. The applicant shall engage a
licensed land surveyor (or Civil Engineer authorized to practice land surveying) to
prepare the legal descriptions and documents required for the proposed right of
way dedication, all to the satisfaction of the City Engineer and the City Land
Surveyor, and shall pay all costs for plan checking, etc..
77. Install red curb and no parking signs at frontage of Earle Avenue.
Grading and Drainage
78. Prior to performing any grading, obtain a permit from the Building 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.
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79. 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.
80. All grading and drainage plans 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.
81. 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. Applicant
shall submit a plan check fee in the amount of $2,500.00 for plans check fees and
approval.
82. 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.
83. All cross lot drainage shall be mitigated to the satisfaction of the City Engineer.
Roadway Improvements
84. New drive approaches shall be constructed at least 3' from any above -ground
obstructions in the public right-of-way to the top of "x" or the obstruction shall be
relocated. New drive approaches shall be limited to the frontage of the parcel. The
drive approach is intended to serve, and is designed to the satisfaction of the City
Engineer.
85. All work proposed within the public right-of-way shall require permits from the
Public Works Department.
86. Remove and replace existing curb and gutter from property line to property line.
87. Remove and replace with colored sidewalk from property line to property line, color
shall be Barcelona Brown from Scofield Products or approved equal.
88. Remove and construct with colored driveway approaches as indicated on the
plans, color shall be Barcelona Brown from Scofield or approved equal.
89. Proposed parkway tree should be 48 -inches box min. Contact City Arborist for tree
species recommendations.
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90. A $2,000.00 fee will be required per each storm drain catch basin or inlets
immediately downstream of the project for retro -fitting were necessary pursuant to
Los Angeles River Trash TMDL requirements.
91. A Traffic Impact Analysis shall be submitted and prepared under the supervision
of a California Registered Traffic Engineer for review and approval. Applicant shall
submit a plan check fee in the amount of $2,500.00 for plans check fees and
approval.
92. Submit a landscape plan for right of way proposed planting.
93. Submit a separate set of plans for street improvements.
Sewer
94. Approval of this land division is contingent upon providing a separate house sewer
lateral to serve each lot of the land division.
95. 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. This sewer analysis shall
be submitted to Los Angeles County Department of Public Works Sewer Division
for review and approval. Any existing deficiency or future deficiency on the sewer
line found by this analysis shall be mitigated by the applicant at his/her own
expenses. Applicant shall submit a plan check fee in the amount of $2,500.00 for
plans check fees and approval.
96. 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
97. All power, telephone and cable television shall be underground.
98. Any utilities that are in conflict with the development shall be relocated at the
developer's expense.
99. 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.
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Water
100. Prior to the filing of the final map, there shall also be filed with the City Engineer, a
statement from the water purveyor indicating subdivider compliance with the Fire
Chief's fire flow requirements.
101. To provide fire protection for the proposed development, the project shall be
approved by the Los Angeles County Fire Department for approval.
102. Water hydrants, water meter boxes and utilities boxes shall be located eight (8)
feet away from parkway trees and three (3) feet away from driveway approaches.
Los Angeles County Fire Department Conditions of Approval
103. NOTE: Additional requirements (may/will) be required pending information
provided.
104. Security barriers, visual screen barriers or other obstructions shall not be installed
on the roof of any building in such a manner as to obstruct firefighter access or
egress in the event of fire or other emergency. Parapets shall not exceed 48 inches
from the top of the parapet to the roof surface on more than two sides. Fire Code
504.5. ACTION REQUIRED: Clearly indicate the height of all parapets in a section
view.
105. Multiple residential and commercial buildings having entrances to individual units
not visible from the street or road shall have unit numbers displayed in groups for
all units within each structure. Such numbers may be grouped on the wall of the
structure or mounted on a post independent of the structure and shall be positioned
to be plainly visible from the street or road as required by Fire Code 505.3 and in
accordance with Fire Code 505.1. ACTION REQUIRED: Provide a detail of the
selected display method, and identify the display location(s) on the site plan.
106. Every application for a building permit shall be accompanied by evidence indicating
that the proposed structure is provided with a reliable water supply capable of
supplying the required fire flow as required by Fire Code 507.1.1, ACTION
REQUIRED: Complete and return the "Fire Flow Availability" Form 195 / 196, with
fire flow information provided by the water purveyor from the closest fire hydrant
along the lot frontage.
107. The required fire flow for fire hydrants at this location is 3,875 gpm, at 20 psi
residual pressure, for a duration of 3 hours over and above maximum daily
domestic demand. Fire Code 507.3 and Appendix B. ACTION REQUIRED:
Provide the following calculation on site plan.
108. Provide fire barriers constructed in accordance with Section 707 to separate
incidental accessory occupancies from the remainder of the building in accordance
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with Table 508.2.5. Building Code 508.2.5. ACTION REQUIRED : Show all fire
barrier locations and their fire resistive ratings on the plans
109. The fire -resistance rating of exterior walls and openings with a fire separation
distance shall comply with Building Code Table 602, Table 715.4, and Table 715.5.
Building Code 602.1, 705.8.2. ACTION REQUIRED: Indicate fire resistance
ratings of exterior walls on site plan, floor plan, and provide a construction detail.
Also indicate opening protection in door/window schedule.
110. Fire -resistive assemblies for the protection of openings, when required by the
Building Code shall comply with Table 715.4 and Table 715.5. Building Code
Section 705.8.2. ACTION REQUIRED: Indicate on floor plan and in door/window
schedule.
111. Openings through a floor/ ceiling assembly shall be protected by a shaft enclosure
of fire -resistive construction as required by Building Code Section 708. Building
Code 708.2. ACTION REQUIRED: Indicate fire -rated shafts on floor plans and
provide construction detail.
112. Buildings and structures with one or more passenger service elevators shall be
provided with not less than one medical emergency service elevator to all landings
meeting the requirements of 3002.4.1 a through 3002.4.7a. Building Code 3002.4a.
ACTION REQUIRED : Provide note on site plan and indicate the elevator cab size
113. Provide an approved Class 2 Standpipe System as set forth by Building Code and
Fire Code 905. Submit plans to the Sprinkler Plan Check Unit for review and
approval prior to installation. Reason: Coverage from the ground Floor Parking
Structure. ACTION REQUIRED: Provide note on site plan and indicate outlet
locations on floor plans.
114. No point within a building requiring standpipes shall be more than 130 feet travel
distance from a standpipe outlet connection. County Fire Code 905.2.1.3. ACTION
REQUIRED: Provide note on site plan, and indicate standpipe outlet connections
on floor plans.
115. The power supply for means of egress illumination shall normally be provided by
the premises electrical supply. In the event of power supply failure, the emergency
power system shall provide power for a duration of not less than 90 minutes and
shall consist of storage batteries, unit equipment or an on-site generator. Building
Code 1006.3. ACTION REQUIRED: Provide note on site plan and indicate the light
fixtures with emergency power on reflected ceiling plan.
116. Interior exit stairways and exit ramps shall be enclosed with fire barriers
constructed in accordance with Section 707 or horizontal assemblies constructed
in accordance with Section 712, or both and shall not be used for any purpose
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other than as a means of egress. Building Code 1022. ACTION REQUIRED: Show
exit enclosure on floor plans and provide construction detail.
117. In buildings located four or more stories in height above grade plane, one stairway
shall extended to the roof surface, unless the roof has a slope steeper than 4 in 12
(33% slope). Stairway identification signs shall be located at each floor level stating
the story of, direction of exit discharge and the availability of roof access from the
stairway for the Fire Department. Building Code 1009.13, 1022.8.1. ACTION
REQUIRED: Indicate on floor plan and stair details.
118. Walls and soffits within enclosed usable spaces under enclosed and unenclosed
stairways shall be protected by 1 -hour fire -resistance -rated construction or the fire -
resistance rating of the stairway enclosure, whichever is greater. Building Code
1009.6.3. ACTION REQUIRED: Indicate on floor plan and provide stairway detail.
119. Fire door assemblies required to have a minimum fire protection rating of 20
minutes where located in corridor walls or smoke -barrier walls having a fire -
resistance rating in accordance with Table 715.4, shall be tested - NFPA 252 or
UL 10C. Fire door assemblies shall also meet the requirements for smoke and
draft control door assembly tested in accordance with UL 1784. Glazing material
in the door itself shall have a minimum fire protection rating of 20 minutes. Building
Code 715.4.3, 715.4.3.1 and 715.4.3.2. ACTION REQUIRED: Indicate on
door/window schedule.
120. When an egress court serving a building or portion thereof serving an occupant
load of 10 or more is less than 10 feet in width, the egress court walls shall be
minimum one-hour fire -resistance rated construction for a distance of 10 feet
above the floor of the court. Openings within such walls shall be protected by
opening protective of not less than 3/ hour. Building Code 1027.5.2. ACTION
REQUIRED: Indicate on floor plan and door/window schedule.
121. Provide draft stops in floor -ceiling assemblies, attics and mansards as required in
Building Code 717.3 and 717.4. ACTION REQUIRED: Show location on draft stops
on reflected ceiling plan/floor plan and provide a construction detail.