CC - 2018-21 - Approving Modification 17-09 for the Re-Design of a Previously Approved Residential/Commercial Mixed Use Development at 7801-7825 Garvey Avenue, 3012 Del Mar Avenue, and 3017 Brighton Street RESOLUTION NO.2018-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING
MODIFICATION 17-09 FOR THE RE-DESIGN OF A PREVIOUSLY
APPROVED RESIDENTIAL/COMMERCIAL MIXED USE DEVELOPMENT
AT 7801-7825 GARVEY AVENUE, 3012 DEL MAR AVENUE, AND 3017
BRIGHTON STREET(APNS:5287-039-001,-002,-003,-004,-005,AND-011),
IN THE MEDIUM COMMERCIAL WITH RESIDENTIAL/COMMERCIAL
MIXED-USE DEVELOPMENT AND DESIGN OVERLAYS (C-3/RC-
MUDO/D-O) ZONE
WHEREAS, on December 21, 2017, Gerard Ngo of Del Mar Property, LLC submitted a
Modification application,requesting to modernize the design of the previously approved mixed use
development by implementing a new design at 7801-7825 Garvey Avenue,3012 Del Mar Avenue,
and 3017 Brighton Street;
WHEREAS,7801-7825 Garvey Avenue,3012 Del Mar Avenue, and 3017 Brighton Street
are located in the Medium Commercial with ResidentiaUCommercial Mixed-Use Development and
Design Overlays (C-3/RC-MUDO/D-O) zoning district;
WHEREAS,Section 17.120.110(C)of the Rosemead Municipal Code provides the criteria
for a Modification;
WHEREAS, Sections 65800 and 65900 of the California Government Code and Section
17.120.110(C) of the Rosemead Municipal Code authorizes the Planning Commission to approve,
conditionally approve, or deny Modification applications;
WHEREAS,on March 15,2018,45 notices were sent to property owners within a 300-foot
radius from the subject property,the notice was published in the Rosemead Reader,and notices were
posted in six public locations and on site,specifying the availability of the application,and the date,
time, and location of the public hearing for Modification 17-09;
WHEREAS,on March 27,2018,the City Council held a duly noticed and advertised public
hearing to receive oral and written testimony relative to Modification 17-09;
WHEREAS,the City Council has sufficiently considered the Modification application and
all testimony presented to them;
WHEREAS, City Council, having final approval authority over this project,has reviewed
and considered all continents 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:
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SECTION 1.The City Council HEREBY DETERMINES that MODIFICATION 17-09 is
classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of the California
Environmental Quality Act guidelines. Section 15301 of the California Environmental Quality Act
guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond that
existing at the time of the lead agency's determination.
SECTION 2. The City Council HEREBY FINDS AND DETERMINES that facts do exist
to justify approving Modification 17-06,in accordance with Section 17.120.110(C)of the Rosemead
Municipal Code as follows:
A. A proposed change that does not comply with the criteria identified in [Section
17.120.110(B) of the Zoning Code], or any other provision of the Zoning Code, may only be
approved by the original review authority for the project through a modification permit application
filed and processed in compliance with [Chapter 17.120].
FINDING: On April 28, 2015, the City Council approved Design Review 12-05, General
Plan Amendment 12-02, Zone Change 12-02, and Tentative Tract Map 72529, for a new
residential/commercial mixed use development. The modification to Design Review 12-05 by
implementing a new design is architecturally appealing and more align with the recently approved
Garvey Avenue Specific Plan.
It is characterized by multi-story street-facing facades with strong, distinct lines and angles. The
color scheme consists of contrasting colors of gray,brown,white,and yellow stucco.To accentuate
the building design,various elements such as composite wood,stone veneer,and metal panels have
been incorporated into the facade. To further provide architectural interest to the design, an open
plaza area with a water feature and landscape planters are located along Garvey Avenue.
Furthermore,the flat roofline utilizes varying heights to alleviate the bulk and mass of the structure.
The new 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. In addition, staff has verified that the new
design complies with the Rosemead Municipal Code.
SECTION 3. The City Council HEREBY APPROVES Modification 17-09, for the new
design of a previously approved residential/commercial mixed-use development at 7801-7825
Garvey Avenue, 3012 Del Mar Avenue, and 3017 Brighton Street, 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 March,2018.
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Polly Low, MaYor
APP'OVED AS TO 7IRM: ATTEST:
Rachel Richman,City Attorney Ericka Hernandez, Acting City Clerk
Exhibit A: Conditions of Approval for Modification 17-09
Exhibit B: Original Conditions of Approval for Design Review 12-05, General Plan Amendment
12-02, Zone Change 12-02, and Tentative Tract Map 72529
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EXHIBIT"A"
CC RESOLUTION NO. 2018-21
MODIFICATION 17-09
7801-7825 GARVEY AVENUE,3012 DEL MAR AVENUE, AND
3017 BRIGHTON STREET
(APNS: 5287-039-001, -002, -003,-004, -005,AND -011)
CONDITIONS OF APPROVAL
MARCH 27,2018
Project Specific Conditions of Approval
1. Modification 17-09 (`Project") is approved for the new design of a previously approved
residential/eotmnercial mixed-use development at 7801 Garvey 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. All conditions of approval set forth in Conditions of Approval for Design Review 12-05 shall
remain in effect except for Condition of Approval No. I, which is modified under this
application.
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EXHIBIT"B"
CC RESOLUTION NO.2015-01
(Original Conditions of Approval for Design Review 12-05,General Plan Amendment 12-
02,Zone Change 12-02, and Tentative Tract Map 72529)
CONDITIONS OF APPROVAL
April 28, 2015
3. Design Review 12-05,General Plan Amendment 12-02,Zone Change 12-02,and Tentative
Tract Map 72529 are approved for the construction of a new residential/commercial mixed-
use development totaling 70,162 square feet, in accordance with the plans marked Exhibit
"F",dated December 4, 2014. Any revisions to the approved plans must be resubmitted for
the review and approval of the Planning Division.
4. Approval of Design Review 12-05, General Plan Amendment 12-02, Zone Change 12-02,
and Tentative Tract Map 72529 shall not take effect for any purpose until the Applicant has
filed with the City of Rosemead a notarized affidavit stating that he/she is aware of and
accepts all of the conditions of approval as set forth in the letter of approval and this list of
conditions, within ten (10)days from the City Council approval date.
5. The onsite public hearing notice posting shall be removed by the end of the 10-day appeal
period of Design Review 12-05,General Plan Amendment 12-02,Zone Change 12-02,and
Tentative Tract Map 72529.
6. Design Review 12-05,General Plan Amendment 12-02,Zone Change 12-02,and Tentative
Tract Map 72529 is approved for a period of one(1) year. The Applicant shall commence
the proposed use or request an extension within 30-calendar days prior to expiration. The
one(1) year initial approval period shall be effective from the City Council approval date.
For the purpose of this petition, project commencement shall be defined as beginning the
permitting process with the Planning and Building Divisions, so long as the project is not
abandoned. If Design Review 12-05,General Plan Amendment 12-02,Zone Change 12-02,
and Tentative Tract Map 72529 have been unused,abandoned,or discontinued for a period
of one (1) year it shall become null and void.
7. The City Council hereby authorizes the Planning Division to make and/or approve minor
modifications.
8. The following conditions must be complied with to the satisfaction of the Planning Division
prior to final approval of the associated plans, building permits, occupancy permits, or any
other appropriate request.
9. Design Review 12-05,General Plan Amendment 12-02,Zone Change 12-02,and Tentative
Tract Map 72529 are granted or approved with the City and its Planning Commission and
City Council retaining and reserving the right and jurisdiction to review and to modify the
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permit, including the modification of existing or imposition of new conditions of approval
based on changed circumstances.Changed circumstances include,but are not limited to,the
modification of the use, a change in scope, emphasis, size, or nature of the use, or the
expansion,alteration,reconfiguration,or change of use.This reservation of right to review is
in addition to, and not in lieu of, the right of the City, its Planning Commission, and City
Council to review and revoke or modify any permit granted or approved under the Rosemead
Municipal Code for any violations of the conditions imposed on Design Review 12-05,
General Plan Amendment 12-02,Zone Change 12-02, and Tentative Tract Map 72529.
10. The Applicant shall defend, indemnify, and hold harmless the City of Rosemead or its
agents, officers, and employees from any claim, action, or proceeding against the City of
Rosemead or its agents,officers,or employees to attack,set side,void,or annul,an approval
of the Planning Commission and/or City Council concerning the project, which action is
brought within the time period provided by law.
11. The Applicant shall comply with all Federal, State, and local laws relative to the approved
use including the requirements of the Planning, Building, Fire, Sheriff and Health
Departments.
12. 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.
13. Occupancy will not be granted until all improvements required by this approval have been
completed, inspected, and approved by the appropriate department(s), including but not
limited to all improvements required to file a final tract map and the filing and recordation of
that final map.
14. The numbers of the address signs shall be at least 6" tall with a minimum character width of
3/4",contrasting in color and easily visible at driver's level from the street. Materials,colors,
location,and size of such address numbers shall be approved by the Planning Division,prior
to installation.
15. All requirements of the Planning Division,Building Division,and Public Works Department
shall be complied with prior to the final approval of the proposed construction.
16. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m.Monday to Saturday.
No construction shall take place on Sundays or on any federal holidays without prior
approval by the City.
17. The Planning, Building, and Public Works staff shall have access to the subject property at
any time during construction to monitor progress.
18. The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within
twenty-four (24) hours. A 24-hour, Graffiti Hotline can be called at (626) 569-2345 for
assistance.
19. The site shall be maintained in a clean, weed, and litter free state in accordance with the
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Rosemead Municipal Code. All trash containers shall be stored in the appropriate trash
enclosure at all times. All trash,rubbish,and garbage receptacles shall he regularly cleaned,
inspected, and maintained in a clean, safe, and sanitary condition.
20. A detailed elevation drawing shall be submitted to the Planning Division for review and
approval all trash enclosures prior to submittal of construction drawings. All trash
enclosures shall be of an integral part of the building design,and incorporate complementary
colors and materials. All trash enclosures shall have a solid roof cover and doors shall be
opaque, self-closing ,and self-latching.
21. All off-street parking shall comply with the relevant section of the Rosemead Municipal
Code applicable as of the date these Conditions of Approval are adopted. The parking area,
including loading and handicapped spaces,shall be paved and re-painted periodically to City
standards to the satisfaction of the Planning Division. In accordance with the currently
applicable section of the Rosemead Municipal Code, all designated parking stalls shall be
double striped. Such striping shall be maintained in a clear, visible, and orderly manner.
22. The Applicant shall keep the electrical and mechanical equipment and/or emergency exits
free of any debris,storage,furniture,etc.,and maintain a minimum clearance of five(5)feet.
23. All roof top appurtenances and equipment shall adequately he screened from view to the
satisfaction of the Planning Division. There shall be no mechanical equipment located on
the sides of the building. Such equipment shall not exceed the height of the parapet wall.
All ground level mechanical/utility equipment (including meters, back flow preservation
devices,fire valves, A/C condensers,furnaces,utility cabinets and other equipment)shall he
located away from public view or adequately screened by landscaping or screening walls so
as not to be seen from the public right of way or other public space within the development.
The Planning Division shall approve said screening prior to installation.
24. Prior to issuance of grading permits, the developer/Applicant shall comply with the City's
storm water ordinance and storm water mitigation plan requirements with respect to the
proposed project.
25. Prior to issuance of building permits, Deed Restrictions or an Affordable Housing
Agreement in a form approved by the City Attorney must be recorded against the nine (9)
affordable condominium units that meet all of the requirements for affordability for low-
income families and meet all other criteria outlined in Government Code Section 65915. In
addition, in an effort to respond to the needs of City residents before nonresidents and to
provide affordable housing, the Applicant shall give existing qualified City of Rosemead
residents priority in obtaining an affordable unit.
26. All open areas not covered by concrete, asphalt, or structures shall be landscaped and
maintained on a regular basis. Maintenance procedures of such landscaped and common
areas shall he specifically indicted in the CC&R's prior to issuance of any building permit.
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27. Prior to the issuance of any sign permit,the Applicant shall submit a Master Sign Program to
the Planning Division for review and approval. The sign program shall address sign
materials, colors, height, width and location. It shall also address the use of temporary
signage such as banners as well as appropriate window signage.
28. 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 diners and moisture sensors.
29. Violations of the conditions of approval may result in citation and/or initiation of revocation
proceedings.
30. The developer shall make all efforts within the first six (6) months of the leasing period to
incorporate national or regional tenants into the commercial leasing spaces (Added by the City
Council on April 28, 2015).
31. The exterior walls of Basement Level I and First Floor shall consist of anti-graffiti coating(Added by
the City Council on April 28, 2015).
Mitigation Measure Conditions
Aesthetics
32. The City Council authorizes the applicant to work with the Planning Division on the public
art plan. prior to the issuance of a building permit.
33. Prior to the issuance of a building permit the project applicant shall submit a lighting plan for
approval by the Planning Division that incorporates any of the following light reducing
measures as applicable:
• Improved physical harriers such as increased wall height
• Relocate and/or change the height and/or orientation of proposed lighting fixtures.
• Select lighting fixtures with more-precise optical control and/or different lighting
distribution.
• Add external shielding and/or internal reflectors to fixtures.
• Select lower-output lamp/lamp technologies.
• A combination of the above.
Air Quality
34. During construction, the contractor shall apply water three times daily. or non-toxic soil
stabilizers according to manufacturers' specifications, to all unpaved parking or staging
areas, unpaved road surfaces, and active construction areas.
Geology and Soils
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35. As recommended in the geotechnical engineering investigation prepared for the project and
approved by the City Engineer,the project shall be designed for a peak acceleration value of
0.79g.
Hazards and Hazardous Materials
36. 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
37. Prior to the issuance of a grading permit,the project developer shall submit a Standard Urban
Storm Water Mitigation Plan (SUSWMP) to the City for approval. All applicable erosion
control measures including Best Management Practices (BMP's), to reduce erosion and
minimize water quality impacts during grading
and construction shall be installed and maintained during construction to control water
quality impacts.
38. Prior to the issuance of a certificate of occupancy for the first residential unit or leasing the
first retail space,the project developer shall install a 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.
39. Prior to the issuance of a certificate of occupancy for the first residential unit or leasing the
first retail space, the project developer shall install two underground water storage tanks
totaling 3,500 gallons and a dry well system to capture on-site surface water flows. If the
dry well fills up during a storm a sump pump located adjacent to the dry well will pump any
overflow from the dry well into Brighton Street.
40. Prior to the issuance of a certificate of occupancy for the first residential unit or leasing the
first retail space, the project developer shall install a catch basin with a filter to filter the
storm water prior to its discharge into the underground storage tanks.
Noise
41. Project related operational hours for the following activities are recommended to be restricted as
follows:
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• There shall be no delivery vehicle(no trucks)deliveries between the hours of 10:00
p.m. to 9:00 a.m.
• Refuse collection vehicles shall restrict activity to between the hours of 7:00 a.m. and
7:00 p.m.
• Loading of boxes, crates and building materials is restricted to the hours of 7:00 a.m.
and 10:00 p.m. adjacent to a residential property line.
• Construction activities are restricted by the City of Rosemead Noise Ordinance. While
construction noise is not expected to exceed 85 dB at the nearest sensitive use
(residences north of the site), construction noise can be minimized with the
implementation of the following conditions:
• All motorized construction equipment shall be equipped with properly
operating and maintained mufflers.
• Equipment and materials shall be staged in areas that will create the greatest
distance between construction-related noise sources and the noise-sensitive
receptors nearest the project site during ail project construction.
• Haul truck and other construction-related trucks traveling to and from the
project site shall be restricted to the same hours specified for the operation of
construction equipment.
• To the extent feasible, construction haul routes shall not pass directly by
sensitive land uses or residential dwellings.
42. An acoustical study shall be submitted to the City prior to the issuance of a building permit to
show that all balconies facing Garvey Avenue and Del Mar Avenue have a transparent glass or
plastic shield to create outdoor space that achieves the 65 dB CNEL or less.
Public Services
43. Prior to the issuance of a building permit,the project developer shall pay any required student
impact fee to the Garvey Unified School District.
44. Prior to the issuance of a building permit,the project developer shall pay any required park fee
to the City of Rosemead.
Transportation/Traffic
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 new bus stop and shelter on Garvey Avenue at a
location determined by the City and 21 bicycle stalls, with 10 bicycle stalls on the first
subterranean level(B-1)and 11 bicycle stalls on the lower parking level (B-2).
46. Within six months after 75%of the retail/commercial space is occupied,the project developer
shall provide weekday PM peak hour left turn traffic volumes on Del Mar Avenue to the City's
Traffic Consultant to confirm that project left-turns do not cause congestion with the existing
southbound left-turns at Garvey Avenue. If determined by the City's Traffic Consultant that
project left-turns onto Del Mar Avenue during the PM peak hour cause congestion,left-turns at
the Del Mar Avenue driveway shall be restricted.
47. 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.
48. All delivery vehicles(no trucks)entering and exiting the site from Brighton Street shall have a
maximum height of 8'-6". Delivery vehicles(no trucks)entering the site from Del Mar Avenue
shall have a maximum height of 10'. All delivery vehicles (no trucks)entering the site from
Del Mar Avenue shall be restricted to the first level — no internal access to level B-1. All
delivery vehicles (no trucks) that are 8'-6" or less can access the site from either Del Mar
Avenue or Brighton Avenue and access internally both the first level and level B-1.
49. All delivery vehicles(no trucks)shall park in the designated Loading areas located within the
commercial parking areas.
Utilities and Service Systems
50. Prior to the issuance of a certificate of occupancy for the first residential unit or leasing the
first retail space, the project developer shall install all State mandated low-flow water
fixtures.
Engineering Conditions of Approval
GENERAL
51. 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.
52. A final tract map prepared by, or under the direction of a Registered Civil Engineer authorized to
practice land surveying,or a Licensed Land Surveyor,must be processed through the City Engineer's
office prior to being filed with the County Recorder.
53. The Public Right-of-Way Vacation for the Alley northerly of Garvey Avenue between Del Mar
Avenue and Brighton Avenue pursuant Municipal Code,California Streets and Highways Code and
California Subdivision Map Act shall be approved prior to the issuance of Building permits.
54. 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.
55. The final tract map shall be based on a field survey,and monuments shall be set to permanently mark
parcel map boundaries,street center lines and lot boundaries to the satisfaction of the City Engineer.
The basis of bearing used for the field survey required for the final map shall include two survey well
monuments found or set.The City Engineer may waive this requirement upon petition should this be
impractical.Well monuments shall be set in accordance with standard plan No.S08-001,if required.
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56. Final tract map shall be filed with the County Recorder and one(1)Mylar copy of filed map shall be
submitted to the City Engineer's office. Prior to the release of the final map by the City,a refundable
deposit in the amount of$1,000 shall be submitted by the developer to the City, which will be
refunded upon receipt of the Mylar copy of the filed map.
57. Comply with all requirements of the Subdivision Map Act.
58. 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.
59. 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.
60. Prior to performing any grading,obtain a permit from the Engineering Division.Submit grading and
drainage plans pre the City's grading guidelines and the latest edition of the Los Angeles County
Building Code. The plans shall be stamped and signed by a California State Registered Civil
Engineer.
61. 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.
62. A grading and drainage plan must provide for each lot having an independent drainage system to the
public street, to a public drainage facility, or by means of an approved drainage easement.
63. Historical or existing storm water flow from adjacent lots must be received and directed by gravityto
the public street, to a public drainage facility,or an approved drainage easement.
64. 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.
65. 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.
66. The project is greater than one acre;therefore,a Storm Water Pollution Plan is required. A Notice of
Intent (NOP shall be filed with the State Water Resources Control Board. When submitting the
SWPPP for the City's review, please include the NOI and the Waste Discharger identification
(WDID)number.
67. Adjust,relocate,and/or eliminate lot lines,lots,streets,easements or other physical improvements to
comply with ordinances, policies, and standards in effect at the date the City determined the
application to be completed all to the satisfaction of the Public Works Department.
68. Show clearly all existing lot lines and proposed lot line on the plans.
69. Provide a complete boundary and topographic survey.
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70. Show any easement on the plans if applicable.
ROAD
71. 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.
72. All work proposed within the public right-of-way shall require permits from the Public Works
Department.
73. Remove and replace existing curb and gutter from northerly property line along Brighton Street to
northerly property line along Del Mar Avenue.
74. Remove and replace sidewalk from northerly property line along Brighton Street to northerly
property line along Del Mar Avenue.
75. Remove and construct driveway approaches as indicated on the plans.
76. Construct five feet parkway. Install parkway trees as indicated on the plans. All street trees shall be
installed to the satisfaction of the City Engineer and the City Urban Forester. Street trees shall be
planted in a manner that provides a minimum clearance of eight (8) feet from any existing or
proposed sewer laterals to be used to serve the project.The size of the trees shall be minimum 48
inches box.
77. Traffic Signal Modification at the intersection of Garvey Avenue and Del Mar Avenue as indicated
by traffic impact analysis and Public Works Department.
78. Show dimensions of existing and proposed right-of-way along Brighton Avenue,Del Mar Avenue
and Garvey Avenue.
79. A$2,000.00 fee will be required per each storm drain adjacent to the property per retrofit pursuant
Los Angeles River Trash TMDL requirements.
SEWER
80. Approval of this land division is contingent upon providing a separate house sewer lateral to serve
each lot of the land division.
81. 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.
82. If the new sewer flow alters the capacity conditions of the existing sewer main along Garvey Avenue,
a sewer main improvement will be required.
83. 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.
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UTILITIES
84. All power,telephone and cable television shall be underground.
85. Any utilities that are in conflict with the development shall be relocated at the developer's expense.
86. Provide a street lighting plan.
WATER
87. Prior to the filing of the final map,there shall also be filed with the City Engineer,a statement from
the water purveyor indicating compliance with the Fire Chiefs fire flow requirements.
88. Water hydrant,water meter box and utilities box shall be located 8 feet away from parkway trees and
3 feet away from driveway approach.
Conditions Added by the Planning Commission on December 1,5 2014
89. Physical barriers shall be installed to limit access on Del Mar Avenue into the project site.
90. Prior to the issuance of Building permits,the Developer shall develop a comprehensive Construction
Management Plan,subject to the review and approval of the Planning Division,Building and Safety
Division, and Public Works Department. The Construction Management Plan shall address noise,
vibrations,traffic control,parking,debris removal,staging,dust control,sanitary facilities,and other
potential construction impacts, as well as other details involving the means and methods of
completing the project, including the construction equipment route. The City has the authority to
require modifications and amendments to the Construction Management Plan as deemed necessary
throughout the course of the project and until the final inspection.
Covenant Conditions and Restrictions
(Added by the City Council on April 28, 2015)
87. Prior to issuance of any building permit related to this project,the developer/Applicant shall prepare
Covenant Conditions and Restrictions(CC&R's)or other similar recorded instrument indicating how
and who will maintain proposed common areas. The CC&R's shall be prepared by the
developer/Applicant and approved by the City Attorney and shall include the following statements:
"This statement is intended to notify all prospective property owners of certain limitations on
construction to residential dwellings contained in this planned development project. Any necessary
modifications or additions must be reviewed on a case-by-case basis and approved or denied by the
Community Development Director or his/her designee at his/her discretion".The CC&R's will cover
all aspects of property maintenance of the common areas, including but not limited to driveways,
fencing, landscaping, lighting, parking stalls, open space and recreational areas.
88. The Applicant shall include provisions in the CC&R's to provide maintenance of the basement
parking structure,all building improvements,on-grade parking and landscaping,maintenance of the
rear service driveway,and maintenance of the shared driveway area along the eastern property line,
in a manner satisfactory to the Planning Division, and in a form acceptable to the City Attorney.
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89. The subdivider shall include provisions in the CC&R's to require regular trash pickup service at least
once a week for the residential condominium trash bins,and twice a week for the commercial tenant
space trash bins.
90. Prior to recordation of the final map, the subdivider shall submit a comprehensive Parking
Management Plan for review and approval by the Planning Division or designee. The Parking
Management Plan shall be incorporated into the CC & R's and shall be enforced by the property
owners association.Said Parking Management Plan shall include,but not be limited to,the following
provisions:
• Assigned parking for each residence.
• Designated parking for customers and employees.
• Parking permit procedures for overnight guest parking.
One-bedroom condominium homeowners shall be limited to one (1) vehicle on the premise. Two-
bedroom condominium homeowners shall be limited to two(2)vehicles on the premise.The parking
monitor/security guard shall be responsible for issuing overnight guest parking permits when there
are excess parking spaces available.Employee parking shall be restricted to the subterranean parking
structure
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF ROSEMEAD
I, Ericka Hernandez, Acting City Clerk of the City Council of the City of Rosemead, California,
do hereby certify that the foregoing City Council Resolution, No. 2018-21, was duly adopted by
the City Council of the City of Rosemead, California, at a regular meeting thereof held on the
27th day of March, 2018, by the following vote, to wit:
AYES: ARMENTA, CLARK, LOW, LY
NOES: NONE
ABSENT: ALARCON
ABSTAIN: NONE J
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Ericka Hernandez, • cling City Clerk