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PC - Item 3A - Revised Exhibits 06-07-21 CITY OF ROSEMEAD * {Community Development} * MEMORANDUM TO: Planning Commissions FROM: Angelica Frausto-Lupo, Director of Community Development SUBJECT: Planning Commission - Item 3A - Revised Exhibits - 3001 Walnut Grove Avenue and 8589 Garvey Avenue (Taiwan Center Foundation of Greater Los Angeles Mixed-Use Development) DATE: June 7, 2021 Planning Commission Meeting Attached are revised Exhibits related to Item 3A; changes are highlighted on the document. 1 EXHIBIT “A” PC RESOLUTION 21-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THE CITY COUNCIL ADOPT THE INITIAL STUDY/ DRAFT MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVE GENERAL PLAN AMENDMENT 19-02, ZONE CHANGE 19-02, TENTATIVE TRACT MAP 82870, DESIGN REVIEW 19-08, CONDITIONAL USE PERMIT 20-08, AND A DENSITY BONUS APPLICATION FOR THE CONSTRUCTION OF A RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT WHICH CONSISTS OF 12 COMMERCIAL CONDOMINIUM UNITS TOTALING 18,646 SQUARE FEET OF COMMERCIAL FLOOR AREA AND 42 RESIDENTIAL CONDOMINIUM UNITS (SEVEN OUT OF THE 42 UNITS WOULD BE LOWER INCOME). THE SUBJECT SITE IS LOCATED AT 3001 WALNUT GROVE AVENUE AND 8589 GARVEY AVENUE (APNS: 5288-001-040, 041, 042, AND 043), IN THE MEDIUM COMMERCIAL (C- 3) ZONE. WHEREAS, on December 11, 2019, The Taiwan Center Foundation of Greater Los Angeles submitted entitlement applications for the construction of a four-story residential/commercial mixed-use development which consists of 12 commercial condominium units totaling 18,646 square feet of commercial floor area and 42 residential condominium units (seven out of the 42 units would be lower income); and WHEREAS, 3001 Walnut Grove Avenue and 8589 Garvey Avenue are located in the C-3 zone; and WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the purpose and criteria for a General Plan Amendment and Zone Change; and WHEREAS, Section 66474 et seq of the Subdivision Map Act and Rosemead Municipal Code Chapter 16.04 provides the criteria for a tentative tract map; and WHEREAS, Section 17.28.020(C) of the Rosemead Municipal Code provides the criteria for a Design Review; and WHEREAS, Section 17.132.040 of the Rosemead Municipal Code provides the criteria for a Conditional Use Permit; and WHEREAS, Sections 65800 & 65900 of the California Government and Rosemead Municipal Code Sections/Chapter 16.04 and 17.152.040 authorizes the Planning Commission provide a written recommendation and reasons for the recommendation to 2 the City Council whether to approve, approve in modified form, or deny the general plan amendment; and WHEREAS, Section 17.84.010 of the Rosemead Municipal Code authorizes the City Council to approve projects requesting density bonuses, concessions, and/ or incentives; and 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; and WHEREAS, in October 2020, an Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared an Initial Study/Draft Mitigated Negative Declaration; and WHEREAS, on May 6, 2021, forty-six (46) notices were sent to property owners within a 300-feet radius from the subject property, in addition to notices posted in six (6) public locations, on-site, published in the Rosemead Reader, and filed with the Los Angeles County Clerk, specifying the availability of the application, plus the date, time, and location of the public hearing for General Plan Amendment 19-02, Zone Change 19- 02, Conditional Use Permit 20-08, Design Review 19-08, and Tentative Tract Map 82870, pursuant to California Government Code Section 65091(a)(3); and WHEREAS, on June 7, 2021, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to General Plan Amendment 19-02, Zone Change 19-02, Conditional Use Permit 20-08, Design Review 19-08, and Tentative Tract Map 82870; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission hereby makes a finding of adequacy with the Initial Study/Draft Mitigated Negative Declaration and HEREBY RECOMMENDS that the City Council adopt the Initial Study/Draft Mitigated Negative Declaration as the environmental clearance for General Plan Amendment 19-02, Zone Change 19-02, Conditional Use Permit 20-08, Design Review 19-08, and Tentative Tract Map 82870. 3 SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving General Plan Amendment 19-02 in accordance with Rosemead Municipal Code Section 17.152.060(A) as follows: A. The amendment is internally consistent with all other provisions of the General Plan. FINDING: The proposed amendment will change the land use designation of the subject parcel from Commercial to Mixed-Use: Residential/Commercial (30 du/ac). The subject site is currently zoned C-3 on the Zoning Map. The applicant is proposing a zone change to include Residential/Commercial Mixed-Use Development and Design Overlays (RC-MUDO/D-O) to the existing Medium Commercial (C-3) zone. According to the General Plan and Zoning Ordinance Consistency Table in the General Plan, the Residential/Commercial Mixed-Use Development and Design Overlays (RC-MUDO/D-O) are corresponding zone districts to the Mixed-Use: Residential/Commercial (30 du/ac) land use designation. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City. FINDING: The existing land use designation of the subject site is Commercial. The subject site consists of four parcels totaling approximately 1.06 acres of land developed with existing commercial buildings, a duplex, and a single-family detached residence with a three-car garage. The proposed amendment would change the land use designation to Mixed-Use: Residential/Commercial (30 du/ac) for the construction of residential/commercial mixed-use development. The subject site is located in an established commercial corridor, and therefore, will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The City has completed an Initial Study/Draft Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared an Initial Study/Draft Mitigated Negative Declaration. C. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. FINDING: The subject site is located in an established commercial corridor, 4 therefore, the amendment to Mixed-Use: Residential/Commercial (30 du/ac) land use designation for the construction of mixed-use development will be physically suitable for the subject site. The subject site is currently designated as Commercial and is currently utilized as assembly, office, and residential use. The site would be physically suited for provision of public and emergency vehicle access, and public services and utilities, as the applicant has obtained clearance from the County of Los Angeles Fire Department and will-serve letters from the San Gabriel Valley Water Company and Los Angeles County Sanitation Districts. In addition, a Traffic Impact Analysis was completed for the project to assess project-related traffic impacts. Based on the traffic analysis provided in the study, the project would not have any significant operational traffic impacts. The City’s Traffic Engineering Consultant has reviewed the traffic study and finds it acceptable with the recommended mitigations measures and conditions of approval and the study has been applied in the Initial Study/Draft Mitigated Negative Declaration. SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Zone Change 19-02 in accordance with Rosemead Municipal Code Section 17.152.060(B) as follows: A. The proposed amendment is internally consistent with all other provisions of the General Plan. FINDING: The proposed zone change will amend the Zoning Map of the subject site to include Residential/Commercial Mixed-Use Development and Design Overlays (RC-MUDO/D-O) to the existing Medium Commercial (C-3) zone. According to the General Plan and Zoning Ordinance Consistency Table in the General Plan, the Residential/Commercial Mixed-Use Development and Design Overlays (RC-MUDO/D-O) are corresponding zone districts to the Mixed-Use: Residential/Commercial (30 du/ac) land use designation. For this reason, the proposed amendment is consistent with the General Plan. In addition, the subject site is not located in a specific plan area. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. FINDING: The existing land use designation of the subject site is Commercial. The subject site consists of four parcels totaling approximately 1.06 acres of land developed with existing commercial buildings, a duplex, and a single-family detached residence with a three-car garage. The proposed amendment would change the land use designation to Mixed-Use: Residential/Commercial (30 du/ac) for the construction of residential/commercial mixed-use development. The subject site is located in an establish commercial corridor, and therefore, will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The City has completed an Initial Study/Draft Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA). The 5 Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared an Initial Study/Draft Mitigated Negative Declaration. C. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. FINDING: The proposed zone change will amend the Zoning Map of the subject site to include Residential/Commercial Mixed-Use Development and Design Overlays (RC-MUDO/D-O) to the existing Medium Commercial (C-3) Zone. The RC-MUDO Overlay zone is intended to provide opportunities for well-designed development projects that combine residential with commercial uses. The D-O Overlay Zone is intended to promote orderly development so that buildings, structures, signs and landscaping will be harmonious within a specified area; to prevent the development of structures or uses which are not of acceptable exterior design or appearance or are of inferior quality or likely to have a depreciating or negative effect on the local environment or surrounding area by reasons of use, design, appearance or other criteria affecting value. The minimum lot area for a mixed-use development in the RC-MUDO Overlay zone is 30,000 square feet. The subject site consists of four parcels totaling approximately 46,075 square feet. In addition, the proposed development would be in compliance with the applicable development standards of the Rosemead Zoning Code. D. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. FINDING: The subject site is located in an established commercial corridor, therefore, the amendment to Mixed-Use: Residential/Commercial (30 du/ac) land use designation for the construction of mixed-use development will be physically suitable for the subject site. The subject site is currently designated as Commercial and is currently utilized as an assembly, office, and residential use. The site would be physically suited for provision of public and emergency vehicle access, and public services and utilities as the applicant has obtained clearance from the County of Los Angeles Fire Department and will-serve letters from the San Gabriel Valley Water Company and Los Angeles County Sanitation Districts. In addition, a Traffic Impact Analysis was completed for the project to assess project-related traffic impacts. Based on the traffic analysis provided in the study, the project would not have any significant operational traffic impacts. The City’s Traffic 6 Engineering Consultant has reviewed the traffic study and finds it acceptable with the recommended mitigations measures and conditions of approval and the study has been applied in the Initial Study/Draft Mitigated Negative Declaration. SECTION 4. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Tentative Tract Map 82870 in accordance with Section 66474 et seq of the Subdivision Map Act and Rosemead Municipal Code Chapter 16.04 as follows: A. That the proposed map is consistent with applicable general and specific plans as specified in Section 65451. FINDING: Tentative Tract Map 82870 will consolidate four existing parcels totaling 1.06 acres for the creation of 54 legal condominium parcels for the development of 42 residential condominium units and 12 commercial condominium units. The project includes an amendment to the General Plan. The proposed amendment will change the land use designation of the subject parcel from Commercial to Mixed-Use: Residential/Commercial (30 du/ac). The Mixed-Use: Residential/Commercial (30 du/ac) land use designation allows a density of 30 units per acre. The applicant has also requested a density bonus, under Rosemead Municipal Code Chapter 17.84 and Senate Bill 1818. The density proposed is within the allowed density as permitted by Rosemead Municipal Code Chapter 17.84 and Senate Bill 1818. There is no applicable specific plan. B. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. FINDING: Tentative Tract Map 82870 will consolidate four existing parcels totaling 1.06 acres for the creation of 54 legal condominium parcels for the development of 42 residential condominium units and 12 commercial condominium units. The project includes an amendment to the General Plan. The proposed amendment will change the land use designation of the subject parcel from Commercial to Mixed-Use: Residential/Commercial (30 du/ac). The Mixed-Use: Residential/Commercial (30 du/ac) land use designation allows a density of 30 units per acre. The applicant has also requested a density bonus, under Rosemead Municipal Code Chapter 17.84 and Senate Bill 1818. The density proposed is within the allowed density. There is no applicable specific plan. C. That the site is physically suitable for the type of development. FINDING: The RC-MUDO Overlay zone is intended to provide opportunities for well-designed development projects that combine residential with commercial uses. The minimum lot area for a mixed-use development is 30,000 square feet. The subject site consists of four parcels totaling approximately 46,075 square feet. The proposed development would be in compliance with the applicable development standards of the Rosemead Zoning Code and is located in an established commercial corridor. In addition, 7 the recommended conditions of approval and mitigation measures that have been incorporated make the site physically suitable for a mixed-use development. D. That the site is physically suitable for the proposed density of development. FINDING: Tentative Tract Map 82870 will consolidate four existing parcels totaling 1.06 acres for the creation of 54 legal condominium parcels for the development of 42 residential condominium units and 12 commercial condominium units. The project includes an amendment to the General Plan, which will change the land use designation of the subject parcel from Commercial to Mixed-Use: Residential/Commercial (30 du/ac). The Mixed-Use: Residential/Commercial (30 du/ac) land use designation allows a density of 30 units per acre. The applicant has also requested a density bonus, under Rosemead Municipal Code Chapter 17.84 and Senate Bill 1818. The density proposed is within the allowed density as permitted by Rosemead Municipal Code Chapter 17.84 and Senate Bill 1818. With the recommended conditions of approval and mitigation measures, the site is physically suitable for 42 residential condominium units and 12 commercial condominium units. E. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. FINDING: There are no fish or wildlife occurring on the project site or in the vicinity of the project site. The City has completed an Initial Study/Draft Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared an Initial Study/Draft Mitigated Negative Declaration. In addition, the General Plan does not identify any biological resources within the City. There are no species identified as endangered, candidate, sensitive, or special status species within the limits of either the site or in the immediate area. Consequently, no significant impact would occur to any sensitive species designated by the resources agencies as a result of project implementation. F. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. FINDING: The project has been reviewed by the Community Development Department and Public Works Department to determine if the proposed development will be detrimental to the public interest, health, safety, convenience, or welfare of the City. With implementation of the recommended conditions of approval and mitigation measures, the proposed development is not anticipated to cause public health problems. 8 G. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. FINDING: The City Engineer has reviewed this proposed subdivision and design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Based on this review, it is determined that the design and construction of the project would preserve public safety and provide adequate access and circulation for vehicular and pedestrian traffic. In addition, the City’s Traffic Engineering Consultant has deemed the Traffic Impact Analysis acceptable and has also incorporated conditions of approval to ensure that any potential traffic related issue is mitigated. SECTION 5. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 19-08, 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 Walnut Grove Avenue and Garvey Avenue further reinforces its location in an established commercial corridor in the City of Rosemead. A 28-foot fire lane and five-foot landscape strip will create a buffer between the mixed-use development and the residential uses along the north property line. In addition, a decorative split-face block wall with vines and an array of plants and trees will be incorporated. 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 and Walnut Grove Ave, which is aligned with existing commercial uses. A 28-foot fire lane and five- 9 foot landscape strip will create a buffer between the mixed-use development and the residential uses along the north property line. In addition, a decorative split-face block wall with vines and an array of plants and trees will be incorporated. All mechanical equipment will be located on top of the roof and will be screened by a four-foot parapet, while trash, storage, and loading areas are strategically placed throughout the development and screened from view. All construction work will be required to comply with the timeframe and decibel levels indicated in the City of Rosemead’s Noise Ordinance. Conditions of approval and mitigation measures will be imposed on the project to protect surrounding properties against potential adverse effects. The City has also completed an Initial Study/Draft Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared an Initial Study/Draft Mitigated Negative Declaration. 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 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 commercial corridor. The architectural style of the proposed mixed-use development is modern and enhanced with design elements that include balconies, glass decks, recessed exterior windows and doors, high quality exterior finishes such as smooth stucco, wood, stone, and metal details, and the utilization of contrasting earth-tone colors. The development design is consistent with developments in the vicinity that are currently under construction. 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 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 Walnut Grove Avenue and Garvey Avenue further reinforces its location in an established commercial corridor in the City of Rosemead and is in harmony with developments on land in the general area. In addition, the development design is 10 consistent with developments in the vicinity that are currently under construction. 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: A proposed Zone Change will amend the Zoning Map of the subject site to include Residential/Commercial Mixed-Use Development and Design Overlays (RC- MUDO/D-O) to the existing Medium Commercial (C-3) Zone. The proposed development would be in compliance with most of the applicable development standards of the Rosemead Zoning Code. The applicant has also requested a density bonus, under Rosemead Municipal Code Chapter 17.84 and Senate Bill 1818. The density proposed is within the allowed density as permitted by Rosemead Municipal Code Chapter 17.84 and Senate Bill 1818. With the recommended conditions of approval and mitigation measures, the proposed use will be a well-designed mixed-use development that satisfies all applicable development standards and will be consistent with the provisions of the Zoning Code. 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 Walnut Grove and Garvey Avenue, which is aligned with existing commercial uses. In doing so, the commercial- oriented pedestrian foot traffic is concentrated along the established commercial corridor. The commercial off-street parking areas are located on surface, mezzanine, and subterranean levels for ease of access to the commercial development and are screened from the public streets as the mixed-use development was designed to encompass the surface and mezzanine parking areas. The residential off-street parking area is located in the subterranean level with a secured entry gate to prevent public access. The driveway for vehicles to access the development is located on Walnut Grove Avenue. To ensure the orderly design and placement of signage, a condition of approval has been incorporated, which requires that a master sign program shall be reviewed and approved by the Planning Division. 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 use adjacent to the north property line. In addition, conditions of approval and mitigation measures which require all lighting to be of low-intensity, shielded externally or internally by reflectors, contain a more-precise optical control, or relocated have been imposed on the project to ensure lighting does not spill on adjacent properties. SECTION 6. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 20-08, in accordance with Section 17.132.040 of the Rosemead Municipal Code as follows: 11 A. Approval of the application will not be or incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare. FINDING: The proposed community hall (commercial recreation and entertainment) use will not be incompatible or injurious to the injurious to other properties or land uses in the vicinity as the property is located in an established commercial corridor. The City has completed an Initial Study/Draft Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared an Initial Study/Draft Mitigated Negative Declaration. Conditions of approval for the limited hours of operation, lighting, and construction will protect the public health, safety, and general welfare of the surrounding neighborhood. In addition, conditions of approval and mitigation measures have incorporated to ensure the use will not create conditions materially detrimental to the public health, safety and general welfare. B. The use is consistent with the General Plan. FINDING: A proposed General Plan Amendment will change the land use designation of the subject parcel from Commercial to Mixed-Use: Residential/Commercial (30 du/ac). The proposed community hall (commercial recreation and entertainment) use is integrated into the residential/commercial mixed- use development. In addition, the mixed-use development is located in an established commercial corridor and is consistent with the General Plan. C. The use is consistent with the provisions of this Zoning Code. FINDING: A proposed Zone Change will amend the Zoning Map of the subject site to include Residential/Commercial Mixed-Use Development and Design Overlays (RC- MUDO/D-O) to the existing Medium Commercial (C-3) Zone. The proposed community hall (commercial recreation and entertainment) use is integrated into the residential/commercial mixed-use development. Commercial recreation and entertainment use is permitted in the RC-MUDO and will satisfy all applicable development standards of the Zoning Code. D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. FINDING: The proposed community hall (commercial recreation and entertainment) use is integrated into the residential/commercial mixed-use development and was accounted for in the Initial Study/Draft Mitigated Negative Declaration. The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial 12 Study, the City has concluded that proposed community hall (commercial recreation and entertainment) use which is a part of the mixed-use development will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared an Initial Study/Draft Mitigated Negative Declaration. E. If development is provided for under the Conditional Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district. FINDING: A proposed Zone Change will amend the Zoning Map of the subject site to include Residential/Commercial Mixed-Use Development and Design Overlays (RC- MUDO/D-O) to the existing Medium Commercial (C-3) Zone. Staff has worked closely with the applicant to ensure that the proposed community hall (commercial recreation and entertainment) use will satisfy all goals and objectives of the applicable standards and Design Guidelines in the RC-MUDO/D-O zone. 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 commercial corridor. SECTION 7. The Planning Commission HEREBY RECOMMENDS CITY COUNCIL APPROVAL of General Plan Amendment 19-02, Zone Change 19-02, Conditional Use Permit 20-08, Design Review 19-08, and Tentative Tract Map 82870, for the construction of a four-story residential/commercial mixed-use development which consist of 12 commercial condominium units totaling 18,646 square feet of commercial floor area and 42 residential condominium units (seven out of the 42 units would be lower income). SECTION 8. This resolution is the result of an action taken by the Planning Commission on June 7, 2021, by the following vote: AYES: NOES: ABSTAIN: ABSENT: SECTION 9. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED, and ADOPTED this 7th day of June, 2021. ________________________________ Daniel Lopez, Chair 13 CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 7th day of June, 2021, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Angelica Frausto-Lupo, Secretary APPROVED AS TO FORM: ________________________________ Kane Thuyen, Planning Commission Attorney Burke, Williams & Sorensen, LLP 14 EXHIBIT “B” RESOLUTION 2021-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING GENERAL PLAN AMENDMENT 19-01, TENTATIVE TRACT MAP 82875, DESIGN REVIEW 19-08, CONDITIONAL USE PERMIT 20-08, AND A DENSITY BONUS APPLICATION, TO AMEND THE LAND USE DESIGNATION OF THE SUBJECT SITE FROM COMMERCIAL TO MIXED-USE: RESIDENTIAL/COMMERCIAL (30 DU/AC) FOR THE CONSTRUCTION OF A MIXED-USE PROJECT CONSISTING OF 12 COMMERCIAL CONDOMINIUM UNITS TOTALING 18,646 SQUARE FEET OF COMMERCIAL FLOOR AREA AND 42 RESIDENTIAL CONDOMINIUM UNITS (SEVEN OUT OF THE 42 UNITS WILL BE LOWER-INCOME). THE SUBJECT SITE IS LOCATED AT 3001 WALNUT GROVE AVENUE AND 8589 GARVEY AVENUE (APNS: 5288-001-040, 041, 042, AND 043). WHEREAS, on December 11, 2019, The Taiwan Center Foundation of Greater Los Angeles submitted entitlement applications for the construction of a four-story residential/commercial mixed-use development which consist of 12 commercial condominium units totaling 18,646 square feet of commercial floor area and 42 residential condominium units (seven out of the 42 units would be lower income); and WHEREAS, 3001 Walnut Grove Avenue and 8589 Garvey Avenue are located in the C- 3 zone; and WHEREAS, Rosemead Municipal Code Section 17.152.060 provides the purpose and criteria for a general plan amendment; and WHEREAS, Section 66474 et seq of the Subdivision Map Act and Rosemead Municipal Code Chapter 16.04 provides the criteria for a tentative tract map; and WHEREAS, Section 17.28.020(C) of the Rosemead Municipal Code provides the criteria for a Design Review; and WHEREAS, Section 17.132.040 of the Rosemead Municipal Code provides the criteria for a Conditional Use Permit; and WHEREAS, Sections 65800 & 65900 of the California Government and Rosemead Municipal Code Sections/Chapter 16.04 and 17.152.040 authorizes the Planning Commission provide a written recommendation and reasons for the recommendation to the City Council whether to approve, approve in modified form, or deny the general plan amendment development; 15 and WHEREAS, Section 17.84.010 of the Rosemead Municipal Code authorizes the City Council to approve projects requesting density bonuses, concessions, and/ or incentives; and 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; and WHEREAS, in October 2020, an Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared an Initial Study/Mitigated Negative Declaration; and WHEREAS, on June 7, 2021, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to General Plan Amendment 19-02, Tentative Tract Map 82870, Design Review 19-08, and Conditional Use Permit 20-08; and WHEREAS, on July 1, 2021, forty-six (46) notices were sent to property owners within a 300-feet radius from the subject property, in addition to notices posted in six (6) public locations, on-site, and published in the Rosemead Reader, specifying the availability of the application, plus the date, time, and location of the public hearing for General Plan Amendment 19-02, Conditional Use Permit 20-08, Design Review 19-08, and Tentative Tract Map 82870, pursuant to California Government Code Section 65091(a)(3); and WHEREAS, the City Council held a duly noticed public hearing on July 13, 2021, to consider the Initial Study/Mitigated Negative Declaration and approval of General Plan Amendment 19-02, Conditional Use Permit 20-08, Design Review 19-08, and Tentative Tract Map 82870; and WHEREAS, the City Council fully studied the proposed General Plan Amendment 19-02, Conditional Use Permit 20-08, Design Review 19-08, and Tentative Tract Map 82870 and Initial Study/Mitigated Negative Declaration, environmental findings, and considered all public comments; and WHEREAS, the City Council, having final approval authority over this project, has reviewed and considered all comments received during the public review period prior to the approval of this project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY FINDS, DECLARES, AND RECOMMENDS AS FOLLOWS: SECTION 1. The City Council hereby makes a finding of adequacy with the Initial Study/Mitigated Negative Declaration and HEREBY ADOPTS the Initial Study/Mitigated 16 Negative Declaration, as the environmental clearance for General Plan Amendment 19-02, Conditional Use Permit 20-08, Design Review 19-08, and Tentative Tract Map 82870. SECTION 2. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do exist to justify approving General Plan Amendment 19-02 in accordance with Rosemead Municipal Code Section 17.152.060(A) as follows: A. The amendment is internally consistent with all other provisions of the General Plan. FINDING: The proposed amendment will change the land use designation of the subject parcel from Commercial to Mixed-Use: Residential/Commercial (30 du/ac). The subject site is currently zoned C-3 on the Zoning Map. The applicant is proposing a zone change to include Residential/Commercial Mixed-Use Development and Design Overlays (RC-MUDO/D-O) to the existing Medium Commercial (C-3) zone. According to the General Plan and Zoning Ordinance Consistency Table in the General Plan, the Residential/Commercial Mixed-Use Development and Design Overlays (RC-MUDO/D-O) are corresponding zone districts to the Mixed-Use: Residential/Commercial (30 du/ac) land use designation. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. FINDING: The existing land use designation of the subject site is Commercial. The subject site consists of four parcels totaling approximately 1.06 acres of land developed with existing commercial buildings, a duplex, and a single-family detached residence with a three-car garage. The proposed amendment would change the land use designation to Mixed-Use: Residential/Commercial (30 du/ac) for the construction of residential/commercial mixed-use development. The subject site is located in an established commercial corridor, and therefore, will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The City has completed an Initial Study/Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared an Initial Study/Mitigated Negative Declaration. C. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. FINDING: The subject site is located in an established commercial corridor, therefore, the amendment to Mixed-Use: Residential/Commercial (30 du/ac) land use designation for the 17 construction of mixed-use development will be physically suitable for the subject site. The subject site is currently designated as Commercial and is currently utilized as assembly, office, and residential use. The site would be physically suited for provision of public and emergency vehicle access, and public services and utilities, as the applicant has obtained clearance from the County of Los Angeles Fire Department and will-serve letters from the San Gabriel Valley Water Company and Los Angeles County Sanitation Districts. In addition, a Traffic Impact Analysis was completed for the project to assess project- related traffic impacts. Based on the traffic analysis provided in the study, the project would not have any significant operational traffic impacts. The City’s Traffic Engineering Consultant has reviewed the traffic study and finds it acceptable with the recommended mitigations measures and conditions of approval and the study has been applied in the Initial Study/Mitigated Negative Declaration. SECTION 3. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do exist to justify approving Tentative Tract Map 82870 in accordance with Section 66474 et seq of the Subdivision Map Act and Rosemead Municipal Code Chapter 16.04 as follows: A. That the proposed map is consistent with applicable general and specific plans as specified in Section 65451. FINDING: Tentative Tract Map 82870 will consolidate four existing parcels totaling 1.06 acres for the creation of 54 legal condominium parcels for the development of 42 residential condominium units and 12 commercial condominium units. The project includes an amendment to the General Plan. The proposed amendment will change the land use designation of the subject parcel from Commercial to Mixed-Use: Residential/Commercial (30 du/ac). The Mixed-Use: Residential/Commercial (30 du/ac) land use designation allows a density of 30 units per acre. The applicant has also requested a density bonus, under Rosemead Municipal Code Chapter 17.84 and Senate Bill 1818. The density proposed is within the allowed density as permitted by Rosemead Municipal Code Chapter 17.84 and Senate Bill 1818. There is no applicable specific plan. B. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. FINDING: Tentative Tract Map 82870 will consolidate four existing parcels totaling 1.06 acres for the creation of 54 legal condominium parcels for the development of 42 residential condominium units and 12 commercial condominium units. The project includes an amendment to the General Plan. The proposed amendment will change the land use designation of the subject parcel from Commercial to Mixed-Use: Residential/Commercial (30 du/ac). The Mixed-Use: Residential/Commercial (30 du/ac) land use designation allows a density of 30 units per acre. The applicant has also requested a density bonus, under Rosemead Municipal Code Chapter 17.84 and Senate Bill 1818. The density proposed is within the allowed density. There is no applicable specific plan. C. That the site is physically suitable for the type of development. 18 FINDING: The RC-MUDO Overlay zone is intended to provide opportunities for well- designed development projects that combine residential with commercial uses. The minimum lot area for a mixed-use development is 30,000 square feet. The subject site consists of four parcels totaling approximately 46,075 square feet. The proposed development would be in compliance with the applicable development standards of the Rosemead Zoning Code and is located in an established commercial corridor. In addition, the recommended conditions of approval and mitigation measures that have been incorporated make the site physically suitable for a mixed-use development. D. That the site is physically suitable for the proposed density of development. FINDING: Tentative Tract Map 82870 will consolidate four existing parcels totaling 1.06 acres for the creation of 54 legal condominium parcels for the development of 42 residential condominium units and 12 commercial condominium units. The project includes an amendment to the General Plan, which will change the land use designation of the subject parcel from Commercial to Mixed-Use: Residential/Commercial (30 du/ac). The Mixed-Use: Residential/Commercial (30 du/ac) land use designation allows a density of 30 units per acre. The applicant has also requested a density bonus, under Rosemead Municipal Code Chapter 17.84 and Senate Bill 1818. The density proposed is within the allowed density as permitted by Rosemead Municipal Code Chapter 17.84 and Senate Bill 1818. With the recommended conditions of approval and mitigation measures, the site is physically suitable for 42 residential condominium units and 12 commercial condominium units. E. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. FINDING: There are no fish or wildlife occurring on the project site or in the vicinity of the project site. The City has completed an Initial Study/Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared an Initial Study/Mitigated Negative Declaration. In addition, the General Plan does not identify any biological resources within the City. There are no species identified as endangered, candidate, sensitive, or special status species within the limits of either the site or in the immediate area. Consequently, no significant impact would occur to any sensitive species designated by the resources agencies as a result of project implementation. F. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. FINDING: The project has been reviewed by the Community Development Department and Public Works Department to determine if the proposed development will be detrimental to the 19 public interest, health, safety, convenience, or welfare of the City. With implementation of the recommended conditions of approval and mitigation measures, the proposed development is not anticipated to cause public health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. FINDING: The City Engineer has reviewed this proposed subdivision and design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Based on this review, it is determined that the design and construction of the project would preserve public safety and provide adequate access and circulation for vehicular and pedestrian traffic. In addition, the City’s Traffic Engineering Consultant has deemed the Traffic Impact Analysis acceptable and has also incorporated conditions of approval to ensure that any potential traffic related issue is mitigated. SECTION 4. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 19-08, 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 Walnut Grove Avenue and Garvey Avenue further reinforces its location in an established commercial corridor in the City of Rosemead. A 28-foot fire lane and five-foot landscape strip will create a buffer between the mixed-use development and the residential uses along the north property line. In addition, a decorative split- face block wall with vines and an array of plants and trees will be incorporated. 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 and Walnut Grove Ave, which is aligned with existing commercial uses. A 28-foot fire lane and five-foot landscape strip will 20 create a buffer between the mixed-use development and the residential uses along the north property line. In addition, a decorative split-face block wall with vines and an array of plants and trees will be incorporated. All mechanical equipment will be located on top of the roof and will be screened by a four-foot parapet, while trash, storage, and loading areas are strategically placed throughout the development and screened from view. All construction work will be required to comply with the timeframe and decibel levels indicated in the City of Rosemead’s Noise Ordinance. Conditions of approval and mitigation measures will be imposed on the project to protect surrounding properties against potential adverse effects. The City has also completed an Initial Study/Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared an Initial Study/Mitigated Negative Declaration. 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 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 commercial corridor. The architectural style of the proposed mixed-use development is modern and enhanced with design elements that include balconies, glass decks, recessed exterior windows and doors, high quality exterior finishes such as smooth stucco, wood, stone, and metal details, and the utilization of contrasting earth-tone colors. The development design is consistent with developments in the vicinity that are currently under construction. 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 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 Walnut Grove Avenue and Garvey Avenue further reinforces its location in an established commercial corridor in the City of Rosemead and is in harmony with developments on land in the general area. In addition, the development design is consistent with developments in the vicinity that are currently under construction. E. The proposed development is in conformity with the standards of this Code and 21 other applicable ordinances in so far as the location and appearance of the buildings and structures are involved. FINDING: A proposed Zone Change will amend the Zoning Map of the subject site to include Residential/Commercial Mixed-Use Development and Design Overlays (RC-MUDO/D- O) to the existing Medium Commercial (C-3) Zone. The proposed development would be in compliance with most of the applicable development standards of the Rosemead Zoning Code. The applicant has also requested a density bonus, under Rosemead Municipal Code Chapter 17.84 and Senate Bill 1818. The density proposed is within the allowed density as permitted by Rosemead Municipal Code Chapter 17.84 and Senate Bill 1818. With the recommended conditions of approval and mitigation measures, the proposed use will be a well-designed mixed-use development that satisfies all applicable development standards and will be consistent with the provisions of the Zoning Code. 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 Walnut Grove and Garvey Avenue, which is aligned with existing commercial uses. In doing so, the commercial-oriented pedestrian foot traffic is concentrated along the established commercial corridor. The commercial off-street parking areas are located on surface, mezzanine, and subterranean levels for ease of access to the commercial development and are screened from the public streets as the mixed-use development was designed to encompass the surface and mezzanine parking areas. The residential off-street parking area is located in the subterranean level with a secured entry gate to prevent public access. The driveway for vehicles to access the development is located on Walnut Grove Avenue. To ensure the orderly design and placement of signage, a condition of approval has been incorporated, which requires that a master sign program shall be reviewed and approved by the Planning Division. 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 use adjacent to the north property line. In addition, conditions of approval and mitigation measures which require all lighting to be of low-intensity, shielded externally or internally by reflectors, contain a more- precise optical control, or relocated have been imposed on the project to ensure lighting does not spill on adjacent properties. SECTION 5. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 20-08, in accordance with Section 17.132.040 of the Rosemead Municipal Code as follows: A. Approval of the application will not be or incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare. FINDING: The proposed community hall (commercial recreation and entertainment) use 22 will not be incompatible or injurious to the injurious to other properties or land uses in the vicinity as the property is located in an established commercial corridor. The City has completed an Initial Study/Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared a Draft Mitigated Negative Declaration. Conditions of approval for the limited hours of operation, lighting, and construction will protect the public health, safety, and general welfare of the surrounding neighborhood. In addition, conditions of approval and mitigation measures have incorporated to ensure the use will not create conditions materially detrimental to the public health, safety and general welfare. B. The use is consistent with the General Plan. FINDING: A proposed General Plan Amendment will change the land use designation of the subject parcel from Commercial to Mixed-Use: Residential/Commercial (30 du/ac). The proposed community hall (commercial recreation and entertainment) use is integrated into the residential/commercial mixed-use development. In addition, the mixed-use development is located in an established commercial corridor and is consistent with the General Plan. C. The use is consistent with the provisions of this Zoning Code. FINDING: A proposed Zone Change will amend the Zoning Map of the subject site to include Residential/Commercial Mixed-Use Development and Design Overlays (RC-MUDO/D- O) to the existing Medium Commercial (C-3) Zone. The proposed community hall (commercial recreation and entertainment) use is integrated into the residential/commercial mixed-use development. Commercial recreation and entertainment use is permitted in the RC-MUDO and will satisfy all applicable development standards of the Zoning Code. D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. FINDING: The proposed community hall (commercial recreation and entertainment) use is integrated into the residential/commercial mixed-use development and was accounted for in the Initial Study/Mitigated Negative Declaration. The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that proposed community hall (commercial recreation and entertainment) use which is a part of the mixed-use development will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared a Draft Mitigated Negative Declaration. E. If development is provided for under the Conditional Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district. 23 FINDING: A proposed Zone Change will amend the Zoning Map of the subject site to include Residential/Commercial Mixed-Use Development and Design Overlays (RC-MUDO/D- O) to the existing Medium Commercial (C-3) Zone. Staff has worked closely with the applicant to ensure that the proposed community hall (commercial recreation and entertainment) use will satisfy all goals and objectives of the applicable standards and Design Guidelines in the RC- MUDO/D-O zone. 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 commercial corridor. SECTION 6. The City Council HEREBY ADOPTS the Mitigated Negative Declaration and APPROVES as the environmental clearance for General Plan Amendment 19-02, Conditional Use Permit 20-08, Design Review 19-08, and Tentative Tract Map 82870, in addition to a Density Bonus application, for the construction of a Mixed-use development with 12 commercial condominium units totaling 18,646 square feet of commercial floor area and 42 residential condominium units (seven out of the 42 units will be lower-income), which includes a community hall (commercial recreation and entertainment), café, retail, and office units, subject to the Conditions of Approval. SECTION 7. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED, APPROVED AND ADOPTED this 13th day of July, 2021. ________________________________ Polly Low, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ ________________________________ Ericka Hernandez, City Clerk Rachel H. Richman, City Attorney Exhibit: A. Conditions of Approval 24 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2021-23 was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 13th day of July, 2021, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Ericka Hernandez, City Clerk 25 EXHIBIT “C” ORDINANCE NO. 999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FOR THE APPROVAL OF ZONE CHANGE 19-02, AMENDING THE ZONING MAP OF THE SUBJECT SITE TO INCLUDE RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT AND DESIGN OVERLAYS (RC-MUDO/D-O) TO THE EXISTING MEDIUM COMMERCIAL (C-3) ZONE FOR THE CONSTRUCTION OF A MIXED- USE PROJECT CONSISTING OF 42 RESIDENTIAL CONDOMINIUM UNITS (SEVEN OUT OF THE 42 UNITS WILL BE LOWER-INCOME) AND 18,646 SQUARE FEET OF COMMERCIAL USE. THE SUBJECT SITE IS LOCATED AT 3001 WALNUT GROVE AVENUE AND 8589 GARVEY AVENUE (APNS: 5288-001-040, 041, 042, AND 043). WHEREAS, on December 11, 2019, The Taiwan Center Foundation of Greater Los Angeles submitted entitlement applications for the construction of a four-story residential/commercial mixed-use development which consist of 18,646 square feet of commercial floor area and 42 residential units (seven out of the 42 units would be lower income); and WHEREAS, 3001 Walnut Grove Avenue and 8589 Garvey Avenue are located in the C- 3 zone; and WHEREAS, Rosemead Municipal Code Section 17.152.060 provides the purpose and criteria for a zone change; and WHEREAS, Sections 65800 & 65900 of the California Government and Rosemead Municipal Code Section 17.152.040 authorizes the Planning Commission provide a written recommendation and reasons for the recommendation to the City Council whether to approve, approve in modified form, or deny the zone change; and WHEREAS, in October 2020, an Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared a Draft Mitigated Negative Declaration; and WHEREAS, on June 7, 2021, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Zone Change 19-02; and WHEREAS, on July 1, 2021, forty-six (46) notices were sent to property owners within a 300-feet radius from the subject property, in addition to notices posted in six (6) public locations, on-site, and published in the Rosemead Reader, specifying the availability of the application, plus the date, time, and location of the public hearing for Zone Change 19-02, pursuant to California 26 Government Code Section 65091(a)(3); and WHEREAS, the City Council held a duly noticed public hearing on July 13, 2021, to consider the Mitigated Negative Declaration and approval of Zone Change 19-02; and WHEREAS, the City Council fully studied the proposed Zone Change 19-02 and Mitigated Negative Declaration, environmental findings, and considered all public comments; and WHEREAS, the City Council, having final approval authority over this project, has reviewed and considered all comments received during the public review period prior to the approval of this project. THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS FOLLOWS: SECTION 1. The City Council hereby makes a finding of adequacy with the Mitigated Negative Declaration and HEREBY ADOPTS the Mitigated Negative Declaration, as the environmental clearance for Zone Change 19-02. SECTION 2. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do exist to justify approving Zone Change 19-02 in accordance with Rosemead Municipal Code Section 17.152.060(B) as follows: A. The amendment is internally consistent with all other provisions of the General Plan. FINDING: The proposed zone change will amend the Zoning Map of the subject site to include Residential/Commercial Mixed-Use Development and Design Overlays (RC-MUDO/D- O) to the existing Medium Commercial (C-3) zone. According to the General Plan and Zoning Ordinance Consistency Table in the General Plan, the Residential/Commercial Mixed-Use Development and Design Overlays (RC-MUDO/D-O) are corresponding zone districts to the Mixed-Use: Residential/Commercial (30 du/ac) land use designation. For this reason, the proposed amendment is consistent with the General Plan. In addition, the subject site is not located in a specific plan area. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. FINDING: The existing land use designation of the subject site is Commercial. The subject site consists of four parcels totaling approximately 1.06 acres of land developed with existing commercial buildings, a duplex, and a single-family detached residence with a three-car garage. The proposed amendment would change the land use designation to Mixed-Use: Residential/Commercial (30 du/ac) for the construction of residential/commercial mixed-use development. The subject site is located in an establish commercial corridor, and therefore, will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 27 The City has completed an Initial Study/Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared a Draft Mitigated Negative Declaration. C. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. FINDING: The proposed zone change will amend the Zoning Map of the subject site to include Residential/Commercial Mixed-Use Development and Design Overlays (RC-MUDO/D- O) to the existing Medium Commercial (C-3) Zone. The RC-MUDO Overlay zone is intended to provide opportunities for well-designed development projects that combine residential with commercial uses. The D-O Overlay Zone is intended to promote orderly development so that buildings, structures, signs and landscaping will be harmonious within a specified area; to prevent the development of structures or uses which are not of acceptable exterior design or appearance or are of inferior quality or likely to have a depreciating or negative effect on the local environment or surrounding area by reasons of use, design, appearance or other criteria affecting value. The minimum lot area for a mixed-use development in the RC-MUDO Overlay zone is 30,000 square feet. The subject site consists of four parcels totaling approximately 46,075 square feet. In addition, the proposed development would be in compliance with the applicable development standards of the Rosemead Zoning Code. D. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. FINDING: The subject site is located in an established commercial corridor, therefore, the amendment to Mixed-Use: Residential/Commercial (30 du/ac) land use designation for the construction of mixed-use development will be physically suitable for the subject site. The subject site is currently designated as Commercial and is currently utilized as an assembly, office, and residential use. The site would be physically suited for provision of public and emergency vehicle access, and public services and utilities as the applicant has obtained clearance from the County of Los Angeles Fire Department and will-serve letters from the San Gabriel Valley Water Company and Los Angeles County Sanitation Districts. In addition, a Traffic Impact Analysis was completed for the project to assess project- related traffic impacts. Based on the traffic analysis provided in the study, the project would not have any significant operational traffic impacts. The City’s Traffic Engineering Consultant has reviewed the traffic study and finds it acceptable with the recommended mitigations measures and 28 conditions of approval and the study has been applied in the Draft Mitigated Negative Declaration. SECTION 3. The City Council HEREBY AMENDS the City’s Zoning Map to change the zone of 3001 Walnut Grove Avenue and 8589 Garvey Avenue from C-3 to C-3/RC-MUDO/D- O. SECTION 4. Severability. The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 5. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty (30) days after the date of its adoption. SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED this 13th day of July, 2021. ________________________________ Polly Low, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ ________________________________ Ericka Hernandez, City Clerk Rachel H. Richman, City Attorney Exhibit: A. Conditions of Approval 29 30 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of California, hereby attest to the above signature and certify that Ordinance No. 999 was first introduced at the regular meeting of July 13, 2021 by first reading. Said Ordinance was approved and adopted by the City Council of the City of Rosemead at a regular meeting held on the 27th day of July 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Ericka Hernandez, City Clerk 31 EXHIBIT “D” GENERAL PLAN AMENDMENT 19-02, ZONE CHANGE 19-02, TENTATIVE TRACT MAP 82870, DESIGN REVIEW 19-08, AND CONDITIONAL USE PERMIT 20-08 (EXHIBIT “A” OF CITY COUNCIL RESOLUTION 2021-23 AND ORDINANCE 999) 3001 WALNUT GROVE AVENUE AND 8589 GARVEY AVENUE (APNS: 5288-001-040, 041, 042, and 043) CONDITIONS OF APPROVAL July 13, 2021 Standard Conditions of Approvals 1. General Plan Amendment 19-02, Zone Change 19-02, Tentative Tract Map 82870, Design Review 19-08, and Conditional Use Permit 20-08 (“Project”) are approved for the construction of a four-story residential/commercial mixed-use development which consist of 12 condominium units totaling 18,646 square feet of commercial floor area and 42 residential units (seven out of the 42 units would be lower income), in accordance with the preliminary plans marked Exhibit “F”, dated April 12, 2021. A maximum of 1,130 square feet of the commercial floor area may be occupied by public eating and/or drinking establishment use. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. The following conditions must be complied to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 3. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions. 4. Approval of Project shall not take effect for any purpose until the 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 Planning Commission approval date. 5. The on-site public hearing notice posting shall be removed by the end of the 10-day appeal period of Project. 6. Project is approved for a period of one (1) year. The applicant(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 Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If Project has been unused, abandoned, or discontinued for a period of one (1) year, it shall become null and void. 32 7. The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications to the project and to these conditions of approval. 8. Project is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Project. 9. The applicant(s) shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and/or City Council concerning the project, which action is brought within the time period provided by law. 10. The applicant(s) shall comply with all Federal, State, and local laws relative to the approved use, including the requirements of the Planning, Building, Fire, Sheriff, and Health Departments. 11. Building permits will not be issued in connection with any project until such time as all plan check fees and all other applicable fees are paid in full. Prior to issuance of building permits, any required school fees shall be paid. The applicant shall provide the City with written verification of compliance from the applicable school districts. 12. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of 3/4 inch, contrasting in color and easily visible at driver's level from the street. Materials, colors, location, and size of such address numbers shall be approved by the Community Development Director, or his/her designee, prior to installation. 13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or on any federal holiday. The applicant shall abide by the noise control sections of the Rosemead Municipal Code. 14. The Building and Safety Division, Planning Division, and Engineering Division shall have access to the project site at any time during construction to monitor progress. 15. All requirements of the Building and Safety Division, Planning Division, and Engineering Division shall be complied with prior to the final approval of the proposed construction. 16. All ground level mechanical/utility equipment (including meters, back flow prevention devices, fire valves, A/C condensers, furnaces, and other equipment) shall be located away from public view or adequately screened by landscaping or screening walls so as not to be seen from the public right-of-way. 33 17. All new roof-top appurtenances and equipment shall be adequately screened from view to the satisfaction of the Planning Division. Such equipment shall not exceed the height of the parapet wall. There shall be no mechanical equipment located on the sides of the building. 18. The parking area, including handicapped spaces, shall be paved and re-painted periodically to City standards to the satisfaction of the Planning Division. In accordance with the Rosemead Municipal Code, all designated parking stalls shall be double striped. Such striping shall be maintained in a clear, visible, and orderly manner to the satisfaction of the Planning Division. 19. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. 20. 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. Project Specific Conditions of Approval 21. 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. 22. A final wall plan shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. All walls and/or fences height shall comply with the requirements in the Rosemead Municipal Code and shall match or complement the residential buildings in color, material, and design. 23. The site shall be maintained in a graffiti-free state. 24. 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. 25. 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 34 submitted to the Planning Division for review, and if satisfactory, approval, prior to submittal to the Building Division. 26. A final landscape and irrigation plan shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. The landscape and irrigation plan shall comply with the City’s Water Efficient Landscape Ordinance and with the Guidelines for Implementation of the Water Efficient Landscape Ordinance and include a sprinkler system with automatic timers and moisture sensors. 27. All parking spaces shall comply with the currently applicable section of the Rosemead Municipal Code. All covered parking spaces shall be free and clear with no obstruction. 28. Delivery service trucks that would serve the proposed commercial uses on the first floor would be limited to a maximum height of 9’-6”. 29. Truck deliveries shall occur only during off-peak hours so that any potential conflict between trucks and customers of the project site land uses will be minimal. 30. Pickup trucks equipped to lift dumpsters shall be utilized to move solid waste and recyclable materials from the trash enclosures to Garvey Avenue adjacent to the site on the City designated day for trash collection for normal trash collection. At the end of the day, the private pickup truck would return the dumpsters to their respective location within the parking structure. 31. 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 security of site and equipment, 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. 32. A construction notice shall be mailed to residents within a 300’ radius from the project site to inform them of the commencement of construction. The notice shall me mailed ten days prior to commencement. 33. Any exterior lighting shall be fully shielded and directed downwards as to not project over the property lines of the subject site. 34. Prior to issuance of any building permit related to this project, the 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 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 35 limitations on construction to the condominium units contained in this mixed-use 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 spaces, open space and recreational areas. All applicable City Attorney fees shall be at the responsibility of the applicant. 35. The applicant shall include provisions in the CC&R’s to provide maintenance of all building improvements, the driveway, parking areas, and landscaping in a manner satisfactory to the Planning Division, and in a form acceptable to the City Attorney. 36. Prior to recordation of the final map, the subdivider shall submit a comprehensive Parking Management Plan for review and approval by the Planning Division. The Parking Management Plan shall be incorporated into the CC&R’s and shall be enforced by the property owner’s association. Said Parking Management Plan shall include, but not be limited to, the following provisions: a. Assigned parking for each residence. b. Designated parking for customers and employees. c. Provisions for guest parking (if applicable). 37. The subdivider shall include provisions in the CC & R’s to require regular trash pickup service at least once a week for the residential trash bins, and twice a week for the commercial tenant space trash bins. 38. The applicant shall submit a Master Sign Program for the mixed-use development to the Planning Division for review and approval prior to finalization of building permits for the project. The Master Sign Program shall incorporate signs that signify the presence of the Taiwan Center Foundation of Greater Los Angeles to the satisfaction of the Planning Division. 39. The developer shall make all efforts within the first six months of the leasing period to incorporate national or regional tenants into the commercial leasing spaces. 40. All open areas not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. Maintenance procedures of such landscaped and common areas shall be specifically stated in the CC&Rs prior to issuance of any building permit. 41. Prior to the issuance of any building permits, the applicant shall contact the Los Angeles County Metropolitan Transportation Authority and address all comments received during the 30-day public review and comment period. Density Bonus 42. The developer shall maintain seven lower-income units for lease for a term of fifty (55) years as a 35% density bonus and two concessions were granted for the mixed-use development. The two concessions consist of: 36 a. Increasing the building height to four stories with heights varying from 59’-2” to 75’-2”. b. Deviation from a land use mix of 67% residential and 33% commercial to 71.6% residential and 28.4% commercial. 43. 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 seven lower-income residential units for lease. 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. 44. Any change to the status of the seven lower-income affordable units (lease to sale) would require a revised Affordable Housing Agreement to be reviewed and approved to the satisfaction of the City Attorney and City Council. 45. The developer shall give the current tenant(s) and the City notice for any modification to the seven lower-income affordable units. Notice requirements shall comply with State housing laws. 46. Should the developer decide to sell the seven lower-income affordable units, all seven units shall be sold at in accordance with the affordability restrictions set forth by the state for lower income households. Conditional Use Permit 47. The hours of the community hall shall be limited to 10:00 a.m. - 10:00 p.m., seven days a week. Should The Taiwan Center Foundation of Greater Los Angeles choose to lease the community hall to the public for commercial recreation and entertainment, advanced written notice to the City, in addition to all commercial and residential tenants, shall be provided at least seven days in advanced. 48. All noise shall comply with Rosemead Municipal Code Chapter 8.36. 49. Should any event fall under the definition of a Special Event as defined in Rosemead Municipal Code Section 17.124.020, valet parking shall be provided when necessary. A valet parking plan shall be prepared and submitted to the City for review. This valet parking plan shall also be approved by the Los Angeles County Fire Department. 50. Events that involve the presence of alcohol shall obtain all necessary approvals from the California Department of Alcoholic Beverage Control. 51. The community hall shall not exceed the occupancy limits set forth by the California Building Code and Los Angeles County Fire Department. 37 Public Works Conditions of Approval General 52. 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. 53. 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. 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 centerlines 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. 56. Final tract map shall be filed with the County Recorder and one (1) Mylar copy of the filed map shall be submitted to the City Engineer's office. Certificate of Occupancy will not be issued until the City has received 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 subdivision, 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 per 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, 38 including the 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 stormwater flow from adjacent lots must be received and directed by gravity to the public street, to a public drainage facility, or an approved drainage easement. 64. Prepare and submit hydrology and hydraulic calculations for the 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. A 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 (NOI) shall be filed with the State Water Resources Control Board. When submitting the SWPPP for the City’s review, please include the NOI and the Waste Discharger Identification (WDID) number. 67. Adjust, relocate, and/or eliminate lot lines, lots, streets, easements or other physical improvements to comply with ordinances, policies, and standards in effect on the date the City determined the application to be complete all to the satisfaction of the Public Works Department. 68. Submit a LID plan and comply with all NPDES requirements. 69. If applicable, 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. 70. Show clearly all existing lot lines and proposed lot line on the plans. 71. Provide a complete boundary and topographic survey. 72. Show any easement on the plans as applicable. 73. Print all Project Conditions of Approval on all plan sets. Road/Traffic 74. Restricted Right Turn Only “Right In/Right Out” on Walnut Grove Avenue per Traffic Division. 39 75. If the project generates 50 or more new peak-hour vehicle trips, then a traffic impact study will need to be completed. A trip generation table with distribution of project trips at each driveway should be submitted to City Engineering and Traffic to determine the extent and scope of the Traffic Analysis required. 76. Internal access, on-site parking, and line of sight at each project driveway shall be submitted to determine if off-site parking restrictions are necessary. Sewer 77. If applicable, approval of this land division is contingent upon providing a separate house sewer lateral to serve each lot of the land division. 78. Prepare and submit a sewer calculations analysis for sizing of proposed laterals including capacity conditions of the 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. Sewer main improvements and/or in-lieu fees may be required. 79. Based on the project sewer analysis and the design capacity conditions of the existing sewer system in relation to the proposed project, sewer main/trunk line improvements and/or in-lieu fees shall be required. 80. 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 81. All power, telephone, cable television, and all utilities to the project and adjacent to the project shall be underground. 82. Any utilities that conflict with the development shall be relocated at the developer's expense. 83. Provide a street lighting plan and parking lot lighting plan. Water 84. Prior to the approval of the tentative map, there shall also be filed with the City Engineer, a statement from the water purveyor and fire department indicating compliance with the Fire Chief's fire flow requirements. 85. Water hydrant, water meter box and utilities box shall be located a minimum of 8 feet away from parkway trees and 3 feet away from driveway approaches. 40 LA County Fire Department Conditions of Approval Final Map Requirements 86. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires an all-weather access surface to be clear to sky. 87. The Private Driveways proposed as private streets for access throughout the development shall be labeled as "Private Driveway” on the Final Map. The portion of the private driveway intended for fire apparatus access shall be identified as “Fire Lane" on the Final Map. All widths and dimensions shall be clearly delineated with a reciprocal access agreement is required for the private driveway. Compliance required prior to Final Map clearance. 88. Fire hydrant improvement plans shall be submitted, reviewed and approved prior to the clearance of the Final Map. Water System Requirements 89. All fire hydrants shall measure 6”x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal, and shall be installed in accordance with the 2017 County of Los Angeles Fire Code, Table B105.1 90. The required fire flow for the public fire hydrants for this project is 3000 gpm at 20 psi residual pressure for 2 hours. Two public fire hydrant(s) flowing simultaneously may be used to achieve the required fire flow. Fire Code 507.3 & Appendix B105.1 91. Install one new public fire hydrant as indicated on the Site Plan dated 03/06/2021. 92. All required public fire hydrants shall be installed, tested and accepted prior to beginning construction. Fire Code 501.4 93. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. MITIGATION MEASURE CONDITIONS Aesthetics 94. Prior to the issuance of a building permit the project applicant shall submit a lighting plan for approval by the Planning Division that incorporates the following light reducing measures as applicable: 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. 41 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 95. Prior to the start and throughout project construction, the contractor shall implement and maintain the following fugitive dust control measures: a. Apply soil stabilizers or moisten inactive areas. b. Water exposed surfaces as needed to avoid visible dust leaving the construction site (typically 2-3 times/day). c. Cover all stockpiles with tarps at the end of each day or as needed. d. Provide water spray during loading and unloading of earthen materials. e. Minimize in-out traffic from construction zone. f. Cover all trucks hauling dirt, sand, or loose material and require all trucks to maintain at least two feet of freeboard. g. Sweep streets daily if visible soil material is carried out from the construction site. 96. Throughout project construction the contractor shall: a. Utilize well-tuned off-road construction equipment. b. Establish a preference for contractors using Tier 3 or better heavy equipment. c. Enforce 5-minute idling limits for both on-road trucks and off-road equipment. Cultural Resources 97. 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 resource 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. 98. In the event that archaeological resources are unearthed during ground disturbing activities, ground-disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find where construction activities shall not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. Work shall be allowed to continue outside of the buffer area. All archaeological resources unearthed by project construction activities shall be evaluated by a qualified professional archaeologist, who meets the U.S. Secretary of the Interior’s Professional Qualifications and Standards. Should the newly discovered artifacts be determined to be 42 prehistoric, Native American Tribes/Individuals shall be contacted and consulted, and Native American construction monitoring shall 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. 99. 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. 100. 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. Noise 101. All construction equipment shall be equipped with mufflers and other suitable noise attenuation devices (e.g., engine shields). 102. Grading and construction contractors shall use rubber-tired equipment rather than track equipment, to the maximum extent feasible. 103. If feasible, electric hook-ups shall be provided to avoid the use of generators. If electric service is determined to be infeasible for the site, only whisper-quiet generators shall be used (i.e., inverter generators capable of providing variable load. 43 104. Electric air compressors and similar power tools rather than diesel equipment shall be used, where feasible. 105. Generators and stationary construction equipment shall be staged and located as far from the adjacent residential structures as feasible. 106. Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 5 minutes. 107. A sign shall be posted in a readily visible location at the project site that indicates the dates and duration of construction activities, as well as provide a telephone number where residents can enquire about the construction process and register complaints to an assigned construction noise disturbance coordinator. Public Services 108. Prior to the issuance of an 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. Transportation 109. Prior to the issuance of the first occupancy permit, a sign shall be posted at the project driveway exit that states, “No left-turns from the hours of 7:00 – 9:00 AM and 3:00 - 6:00 PM”. The same sign shall also be posted on the building exterior at the project driveway entrance to restrict left turns into the project from northbound Walnut Grove Avenue during the hours of 7:00 – 9:00 AM and 3:00 - 6:00 PM. The City Engineer shall determine the location of both signs. 110. Should the City Engineer determine that based on Los Angeles County Sheriff Department accident reports and/or traffic citations for left-turn violations at the project driveway, or queuing impacts at the intersection of Walnut Grove Avenue and Garvey Avenue, the City Engineer shall require the project applicant to construct at the applicants expense a median in Walnut Grove Avenue opposite the project driveway based on a design determined by the City Engineer. Tribal Cultural Resources 111. Prior to the commencement of any ground disturbing activity at the project site, the project applicant shall retain a Native American Monitor approved by the Gabrieleño Band of Mission Indians-Kizh Nation. A copy of the executed contract shall be submitted to the City of Rosemead Planning and Building Department prior to the issuance of any permit necessary to commence a ground-disturbing activity. The Tribal monitor shall only be present on-site during the construction phases that involve ground-disturbing activities. Ground disturbing activities are defined by the Tribe as activities that may include, but are 44 not limited to, pavement removal, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project area. The Tribal Monitor shall complete daily monitoring logs that shall provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when all ground-disturbing activities on the project site are completed, or when the Tribal Representatives and Tribal Monitor have indicated that all upcoming ground-disturbing activities at the project site have little to no potential to impact Tribal Cultural Resources. 112. Upon discovery of any Tribal Cultural Resources, construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be assessed. All Tribal Cultural Resources unearthed by project activities shall be evaluated by the qualified archaeologist and Tribal monitor approved by the Consulting Tribe. If the resources are Native American in origin, the Consulting Tribe shall retain it/them in the form and/or manner the Tribe deems appropriate, for educational, cultural and/or historic purposes. If human remains and/or grave goods are discovered or recognized at the project site, all ground disturbance shall immediately cease, and the county coroner shall be notified per Public Resources Code Section 5097.98, and Health & Safety Code Section 7050.5. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). Work may continue on other parts of the project site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5[f]). If a non-Native American resource is determined by the qualified archaeologist to constitute a “historical resource” or “unique archaeological resource,” time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.