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CC - 2018-11 - Approving Design Review 16-04 and Adopting the Associated Mitigated Negative Declarationm for the Construction of a new Residential/ Commercial Mixed Use Developmenht at 8449 Garvey Ave and 3014 Earle Avenue RESOLUTION NO.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-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-O) 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; 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 fmdings, and all testimony presented to them; WHEREAS,City Council,having fmal 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 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 modem 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. 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, APPROVED, AND ADOPTED this 27th day of February, 2018. AU Alb Polly Low 4" or APPROVED AS TO FORM: ATTEST: Rachel Richman, ity Attorney Marc Donohue, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF ROSEMEAD ) I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution, No. 2018-11, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 27th day of February, 2018, by the following vote, to wit: AYES: ARMENTA, CLARK, LOW, LY NOES: NONE ABSENT: ALARCON ABSTAIN: NONE /7f Marc Donohue, City Clerk 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 1. 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 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. 9. 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. Project 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. 3 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. 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 twelve(12)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. 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 fmd 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 fmd. 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 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 2' 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 final report at 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 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 fmd can be evaluated. A buffer area of at least 50 feet shall be established around the fmd 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. 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 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. 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. 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 Gabrieleflo 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 15064.5(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 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. 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. 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. 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. Water 100. Prior to the filing of the fmal map, there shall also be filed with the City Engineer, a statement from the water purveyor indicating subdivider compliance with the Fire Chiefs fire flow requirements. 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 bathers constructed in accordance with Section 707 to separate incidental accessory occupancies from the remainder of the building in accordance with Table 508.2.5. Building Code 508.2.5.ACTION REQUIRED:Show all fire bather 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 3002.4.1a 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 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 3Aa 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.