PC - Item 3A - Specific Plan Amendment 21-01 and Zone Change 21-01 - 7539 & 7545 Garvey AvenueROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: MARCH 7, 2022
SUBJECT: SPECIFIC PLAN AMENDMENT 21-01 AND ZONE CHANGE 21-01
7539 & 7545 GARVEY AVENUE
SUMMARY
Del Mar Property, LLC has submitted entitlement applications requesting to amend the
Zoning Map by changing the zone of the subject properties from Garvey Avenue
Specific Plan (GSP) to Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-
MU) zone, for the development of a new residential/commercial mixed-use
development. The project is located on a 0.95 acre vacant site at the northeast corner
of the intersection of Prospect Avenue and Garvey Avenue (7539 & 7545 Garvey
Avenue, APN Nos. 5286-022-009 and 5286-022-010). The project proposes the
construction of a seven -story, mixed-use development with 6,346 square feet of
nonresidential (commercial) use on the first floor and 75 residential units on the first
through seventh floors. Of the 75 residential units, 30 are live/work units and 45 are
residential apartments. The project also proposes 147 parking spaces, including 110
standard spaces, 32 compact spaces, four handicap accessible spaces, and one
loading space and 12,547 square feet of landscaping. The project also includes a text
amendment to the Garvey Avenue Specific Plan permitting sit-down restaurants with a
minimum requirement of 1,000 square feet to obtain an Administrative Use Permit
(AUP) for beer/wine sales in the Garvey Avenue Specific Plan (GSP) and Garvey
Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zones.
ENVIRONMENTAL ANALYSIS
The Initial Study has been undertaken to determine if the proposed project may have a
significant effect on the environment. The Initial Study was prepared and completed in
accordance with the California Environmental Quality Act (CEQA) Guidelines. On the
basis of the Initial Study, the City of Rosemead has concluded that the project would
have a significant impact, unless mitigated, therefore a Draft Mitigated Negative
Declaration (MND) was prepared. The MND reflects the independent judgment of the
City as a lead agency per CEQA Guidelines. The project site is not on a list compiled
pursuant to Government Code section 65962.5.
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Planning Commission Meeting
March 7, 2022
Page 5 of 50
The applicant has applied for the following land use permits:
Zone Change 21-01
Per Rosemead Municipal Code Section 17.152.020, amendment to the City's
Zoning Map may be initiated by the Planning Commission or the City Council,
whenever the public necessity, convenience, general welfare, or good zoning
practice justifies such action. Zone Change 21-01 will amend the Zoning Map of
the subject site from GSP to GSP-MU.
Specific Plan Amendment 21-01
Per Section 65453(a) of the California Government Code, a specific plan shall be
prepared, adopted, and amended in the same manner as a general plan, except
that a specific plan may be adopted by resolution or by ordinance and may be
amended as often as deemed necessary by the legislative body. Per Rosemead
Municipal Code Section 17.150.040, adoption of, or amendment to, a specific
plan relating to land use may be initiated by the City or by submittal of a Master
Plan. When initiated by a master plan, the person shall file a petition with the
City and pay a filing fee as required in Chapter 17.120 of [Title 17]. The
applicant submitted a Specific Plan Amendment (Specific Plan Amendment 21-
01) to amend the Garvey Avenue Specific Plan zoning district of the subject site
from GSP to GSP-MU.
Development Standards
Staff has verified that the proposed development would be in compliance with most of
the applicable development standards of the Garvey Avenue Specific Plan, as
demonstrated in the following table, however, the application of community benefits
have been applied to the project, which allows deviations from development standards
for density, floor area ratio (FAR), and building commercial/residential land use ratio.
The details of the Community Benefits Program are described on page 7.
Development
Feature
Required `
Proposed
Total Lot Size of
Development
10,000 square feet (minimum)
41,235 square feet
Site
Maximum density without the provision of Community
Benefits: 25 dwelling units/gross acre
75 dwelling units/gross acre
Density
Maximum density with the provision of Community Benefits:
*Community Benefits applied
80 dwelling units/gross acre
Floor Area Ratio (FAR) without the provision of Community
2.7
Floor Area Ratio
Benefits: 1.6 maximum
(FAR)
*Community Benefits applied
Floor Area Ratio (FAR) with the provision of Community
Benefits: 3.0 maximum
Planning Commission Meeting
March 7, 2022
Page 6 of 50
Public Sidewalk
12'-0' with 7'-0" wide sidewalk (clear zone) and 5'-0" wide
12'-0' with 7'-0" wide sidewalk
(clear zone) and 5'-0" wide
parkway (amenity zone)
parkway (amenity zone
Front Setback
Nonresidential: No Minimum
Zero (0) feet
No minimum unless required by Community
Interior Lot Line
Development Director, Public Works Director,
Zero (0) feet
Setback
City Manager or his/her designee, or other
reviewing agency.
No minimum unless required by Community
Side Street
Development Director, Public Works Director,
Setback
City Manager or his/her designee, or other
Zero (0) feet
reviewing agency.
All residential, commercial, and mixed-use developments
33'-1"
Rear Setback
shall have a rear variable height when abutting R-1 or R-2
(Variable
zones.
Variable height requirement
Height)
This specifies a setback minimum of 25' from the property
met, please refer to Section A
line, increasing at a 60 degree angle from that point.
on Sheet A-400
75'-0"
75'-0"
Height
An additional 5'-0" beyond the height limit is allowed for
The proposed elevator shaft
unique architectural elements as determined by the
extends an additional 5'-0"
Community Development Director.
For residential developments, the project shall provide no
less than 1.0 standard sized parking space/dwelling unit.
Total required residential parking: 45 parking spaces
45 units = 45 secured parking
spaces
Parking
In addition to the residential spaces described
45*(0.5) = 23 secured parking
(Residential —
above, 0.5 standard sized parking space/dwelling unit is
Includes Guest
required guest parking.
spaces
Parking)
Total required residential guest parking: 23 parking spaces
Total Provided: 68 secured
parking spaces
Provide 1.0 standard size
parking space
per 400 square feet of floor
The greater of:
area
Parking
(Live/Work —
Residential: 1.0 standard sized parking space and 0.5
30 Live/Work units (Live) = 30
secured parking spaces
Includes Guest
standard sized guest parking space
Parking)
Nonresidential: Provide 1.0 standard size parking space
30 Live/Work units (Work) = 30
per 400 square feet of floor area
secured/unsecured parking
spaces
Total Provided: 60 Parking
spaces
Retail: 1.0 standard sized parking space per 400 square feet
Parking
(Commercial)
of floor area
16 parking spaces
Total Required: 16 parking spaces
10% of required off-street parking
Bicycle Parking
14 bicycle parking spaces
144 (10%) = 14 bicycle parking spaces
Planning Commission Meeting
March 7, 2022
Page 7 of 50
Community Benefits Program
The Garvey Avenue Specific Plan has provisions for community benefit incentives,
which allows developers and property owners to increase the development potential if
community benefits applied to the development application, constructed as part of the
project development, and operated in perpetuity. Restrictions and/or covenants are
required to be recorded on the property to ensure the benefits or amenities provided to
earn the Community Benefit Incentive are maintained in perpetuity. The Garvey Avenue
Community Benefit Program is applicable to all parcels within the Garvey Avenue
Specific Plan corridor. The Garvey Avenue Community Benefit Program is based on a
point system. Each community benefit type is assigned a number of Community Benefit
points. A project may earn points from a single or multiple categories, depending on the
project applicant's preference. The number of Community Benefit points earned is then
translated into the increased density, FAR, or a deviation in the building
commercial/residential ratio. The increase varies by zone and land use type.
As shown in the table below, the proposed project includes five community benefit
incentives with a total of 131 earned points. The earned points allows the project a 3.0
FAR, a density of up to 80 dwelling units/acre, and a deviation in the building
commercial/residential land use ratio to 70% Residential Use and 30% Nonresidential
Use, compared to a 1.6 FAR, 25 dwelling units/acre, and 65% Residential Use and 35%
Nonresidential Use, respectively. The project proposes an FAR of 2.7, a density of 75
du/acre, and a building commercial/residential land use ratio of 68% Residential and
32% Commercial, as allowed for the site with the proposed community benefit
incentives.
Type of
Benefit
Usable Public Open Space: 5% of lot size
Maximum
Points.
Earned
Points
FAR
Earned
Usable Public Open Space:
Lot
Consolidation
Total Required: 2,062 square feet
2,593 square feet
35
Usable Private Common
Usable Private Common
Open Space
Open Space: 150 square feet/dwelling unit
Open Space: 17,495 square
feet
Friendly
Total Required: 12,938 square feet
50
50
Private Open Space: 9,633
Development
Private Open Space: 75 square feet/dwelling unit
square feet
Total Required: 5,625 square feet
Building
68% Residential and
Commercial/
Residential
65% Residential and 35% Commercial
L
32% Commercial
Ratio
* Community Benefits applied
Community Benefits Program
The Garvey Avenue Specific Plan has provisions for community benefit incentives,
which allows developers and property owners to increase the development potential if
community benefits applied to the development application, constructed as part of the
project development, and operated in perpetuity. Restrictions and/or covenants are
required to be recorded on the property to ensure the benefits or amenities provided to
earn the Community Benefit Incentive are maintained in perpetuity. The Garvey Avenue
Community Benefit Program is applicable to all parcels within the Garvey Avenue
Specific Plan corridor. The Garvey Avenue Community Benefit Program is based on a
point system. Each community benefit type is assigned a number of Community Benefit
points. A project may earn points from a single or multiple categories, depending on the
project applicant's preference. The number of Community Benefit points earned is then
translated into the increased density, FAR, or a deviation in the building
commercial/residential ratio. The increase varies by zone and land use type.
As shown in the table below, the proposed project includes five community benefit
incentives with a total of 131 earned points. The earned points allows the project a 3.0
FAR, a density of up to 80 dwelling units/acre, and a deviation in the building
commercial/residential land use ratio to 70% Residential Use and 30% Nonresidential
Use, compared to a 1.6 FAR, 25 dwelling units/acre, and 65% Residential Use and 35%
Nonresidential Use, respectively. The project proposes an FAR of 2.7, a density of 75
du/acre, and a building commercial/residential land use ratio of 68% Residential and
32% Commercial, as allowed for the site with the proposed community benefit
incentives.
Type of
Benefit
Basis for Calculating Points
Maximum
Points.
Earned
Points
FAR
Earned
Density
Earned
Lot
Consolidation
2 lots consolidated into 1 parcel
35
35
Family
More than 10% of housing units as three
Friendly
bedroom or larger units.
50
50
Development
Planning Commission Meeting
March 7, 2022
Page 8 of 50
Floor Plan
The project proposes three commercial (nonresidential) units with a total of 6,346
square feet on the first floor and 75 residential units on the first through seventh floors.
Each commercial unit will total approximately 2,000 square feet.
Of the 75 residential units, 30 are live/work units, including 4 live/work units on the
ground level, 5 live/work units on the second floor, 7 live/work units on the third floor
and 14 live/work units on the fourth floor. The size of the live/work units ranges from
1,041 square feet to 1,494 square feet. In addition, there are 11 different live/work floor
1 point for each 15 sq. ft./unit of common
area open space above the required
minimum per the Garvey Avenue Specific
Plan, providing the common area open
space contains at least two of the following:
tot lot play equipment (swings, slide,
climbing structure), community garden, or
library.
In order to provide for significant
opportunities for national and regional retail
Nonresidential
tenants, a bonus shall be granted if the
component of
nonresidential component of a mixed-use
Mixed-use
site provides for tenant space with an
20
20
development
average size of 2,000 s.f. or more (minimum
sites
size of 800 s.f. for each tenant space), then
the project will receive a 5% increase in
residential to make the split 70% residential
to 30% commercial.
2 Points: For every 1 standard sized parking
space marked for public use and
permanently available for public use,
Public Parking
provided the project meets the minimum
50
6 — 3 stalls
number of required public and private
spaces, per this Specific Plan or the City of
Rosemead
40 Points: If 50% or more of total building
roof is an accessible, operational eco roof.
30 Points: LEEDTM Platinum, CALGreen
Tier 2, or equivalent (third -party certification
required)
20 Points: LEEDTM Gold, CALGREEN Tier
Sustainable
1, or equivalent (third -party certification
20—
Design
required)
70
CALGreen
Tier 1
The increased density or intensity will be
granted to the qualifying building not the
entire development or site area.
The project will be conditioned to ensure
compliance and construction in accordance
with LEED Platinum, LEED Gold, CALGreen
Tier 2, or CALGreen Tier 1.
Total
131
3.0
80
Points
du/acre
Floor Plan
The project proposes three commercial (nonresidential) units with a total of 6,346
square feet on the first floor and 75 residential units on the first through seventh floors.
Each commercial unit will total approximately 2,000 square feet.
Of the 75 residential units, 30 are live/work units, including 4 live/work units on the
ground level, 5 live/work units on the second floor, 7 live/work units on the third floor
and 14 live/work units on the fourth floor. The size of the live/work units ranges from
1,041 square feet to 1,494 square feet. In addition, there are 11 different live/work floor
Planning Commission Meeting
March 7, 2022
Page 9 of 50
plans proposed, each with a living room, kitchen, bedrooms, bathrooms, laundry rooms,
and closets. The details of the live/work units are provided below:
Unit Type
No. of Units
Square Feet
No. of
Bedrooms
Live Square
Feet
Work Square
Feet
2A-1
6
1,066
2
301
765
2A-2
3
1,160
2
331
829
2 B -L
3
1,163
2
333
830
2B -R
2
1,163
2
333
830
2C
2
1,235
2
309
926
2G
1
1,041
2
296
745
2BR-LOFT
4
1,346
2
673
673
3A
2
1,442
3
450
992
3AA
2
1,442
3
450
992
3B
4
1,337
3
480
857
3C
1
1,494 1
3 1
512 1
982
Total
30
The project also proposes 45 apartments on the fifth through seventh floors with 16
apartments on the fifth floor, 15 apartments on the sixth floor and 14 apartments on the
seventh floor. The size of the apartment units ranges from 922 square feet to 1,784
square feet. In addition, there are 15 different floor plans proposed, each with a living
room, kitchen, bedrooms, bathrooms, laundry rooms, and closets. The details of the
apartment units are provided below:
Unit Type
No. of Units
Square Feet
No. of Bedrooms
2A-1
10
1,066
2
2A-2
5
1,160
2
213-1-
3
1,163
2
2C
6
1,235
2
2D
2
1,223
2
2D-1
2
1,173
2
2E
1
922
2
2F
1
995
2
2G
3
1,041
2
2H
1
1,127
2
3B
5 1
1,337 1
3
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Planning Commission Meeting
March 7, 2022
Page 11 of 50
includes drought tolerant shrubs and ground cover, accent street trees, accent benches,
and decorative planter pots in a five-foot wide parkway amenity zone along both
Prospect Avenue and Garvey Avenue that are adjacent to the site. The sidewalks
between the proposed mixed-use building and the parkway amenity zone includes
exposed aggregate banding, light colored concrete with medium wash finish and accent
pavers. Landscaping is proposed for the courtyards of the fourth through seventh floors
of the building and includes 24"x36" high planter walls. In addition to landscaping, all of
the courtyards include outdoor dining tables and chairs and depending on the floor, the
courtyards include outdoor lounge sofas and chairs, a natural gas fire pit, view
bar/counter with stools along with other amenities.
The applicant has proposed to construct a decorative masonry wall along the north and
east property lines. Since the perimeter wall along the north property line abuts a
residential use, the first 20 feet of the wall must be 4'-0" high. The remaining portion of
the wall and the wall along the east property line is proposed at 6'-0" high. In addition, to
soften the appearance of the wall on the north property line, vines will be incorporated
and planted six feet apart.
Lighting
The project site is currently vacant and does not generate any light or glare. The
proposed project would introduce new sources of light and glare on the site compared
to the existing condition. The project site is surrounded by existing commercial and
residential development. The sources of light generated by the project include City
required streetlights, interior and exterior lighting of the seven -story mixed-use building,
landscape lighting, lighting in the parking areas within the building, and headlights of the
cars that enter and leave the site at night. The wall along the north side of the mixed-
use building along with the proposed six-foot decorative masonry wall along the north
project boundary would eliminate headlights from the cars in the ground level parking lot
from shinning onto the yards and residences of the residents adjacent to and north of
the project. In addition, all private lighting associated with the project would be required
to meet and comply with all applicable lighting provisions in Rosemead Municipal Code
Chapter 17.88. To ensure that the proposed exterior building lighting plan does not
significantly impact existing adjacent and surrounding land uses, the following measure
is recommended to reduce off-site lighting impacts to less than significant:
• Prior to the issuance of a building permit the project applicant shall submit a
lighting plan for approval by the Planning Division that incorporates the following
light reducing measures as applicable:
o Select lighting fixtures with more -precise optical control and/or different
lighting distribution.
o Relocate and/or change the height and/or orientation of proposed lighting
fixtures.
o Add external shielding and/or internal reflectors to fixtures.
o Select lower -output lamp/lamp technologies.
Planning Commission Meeting
March 7, 2022
Page 12 of 50
o A combination of the above.
Off -Street Parking and Access
Vehicular access to the project site is provided via a 25 -foot -wide driveway located
along the north property line, from Prospect Avenue. The driveway provides an
entrance to the ground level parking area and access to ramps that provide vehicular
access to parking on the second and third floor parking areas. All delivery vehicles for
the nonresidential space on the ground level would enter the site from Prospect Avenue
and park in a designated loading area on the ground level for site deliveries. Delivery
trucks would be restricted to two axle trucks. Delivery trucks would not be allowed to
park along either Prospect Avenue or Garvey Avenue.
Per RMC Table 17.21.030.1 (Garvey Avenue Specific Plan District Development
Standards), the following off-street parking requirements would apply to the residential
and nonresidential (commercial) uses in the GSP-MU zone:
Residential: One standard sized parking space and 0.5 standard sized guest
parking space
• Nonresidential & Restaurants with 2,500 square feet floor area or less: One
parking space per 400 square feet of floor area
In January 2021, the City Council approved an interpretation of Live/Work Units within
the Garvey Avenue Specific Plan. Since the Garvey Avenue Specific Plan does not
clearly identify the off-street parking requirement for live/work units, the City Council
determined that the off-street parking requirement would be the greater of the two uses.
This will ensure that off-street parking will not be impacted by live/work units in mixed-
use developments.
Based on the off-street parking requirements, a total of 144 parking spaces are required
for the proposed project. The applicant has proposed to provide 147 total parking
spaces, which includes 110 standard spaces, 32 compact spaces, 4 handicap
accessible spaces, and one loading space. The project also proposes 14 bicycle
spaces. Off-street parking spaces for the residential use is separated from
nonresidential (commercial) parking and will be accessed through a secure gated
entrance. The project proposes to utilize the three remaining parking spaces for public
parking.
Traffic
A traffic study was prepared for the project by Ganddini Group, Inc. Based on the traffic
study, the proposed project would not result in any new significant traffic impact impacts
or mitigation measures compared to the Garvey Avenue Specific Plan TIA/EIR. The
proposed project is forecasted to generate fewer than 50 net new AM or PM peak hour
Planning Commission Meeting
March 7, 2022
Page 13 of 50
trips and is therefore exempt from preparation of a Level of Service analysis based on
the City -established guidelines. The nonresidential component of the proposed project
also satisfies the City -established project type screening for local serving retail and may
be presumed to result in a less than significant VMT impact. In addition, the proposed
project satisfies the City -established low VMT area screening criteria. Therefore, the
proposed Project satisfies the City of Rosemead VMT screening criteria and may be
presumed to result in a less than significant VMT impact.
The City of Rosemead's Contract Traffic Engineer has reviewed the traffic study and
Initial Study/Draft Mitigated Negative Declaration and has deemed it acceptable. In
addition, it was determined that the project would not have any significant operational
traffic impacts.
Garvey Avenue Specific Plan Text Amendment
.To be consistent with the Freeway Corridor Mixed -Use (FCMU) Overlay, which was
approved by the City Council on September 7, 2021, and assist the development
community in Rosemead with relief for businesses that are facing economic hardship
from the COVID-19 pandemic, including the Prospect Villa project applicant, the City
proposes a text amendment to the Garvey Avenue Specific Plan and Chapter 17.21
(Garvey Avenue Specific Plan Zoning District), permitting sit-down restaurants with a
minimum requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the
GSP and GSP-MU zones, provided that a valid license from California Department of
Alcoholic Beverage Control (ABC) is obtained. The Zoning Code defines a sit-down
restaurant as, "an establishment engaged in the business of selling food and
beverages, including alcoholic beverages, prepared on site for primarily on-site
consumption. Food and beverages are served to the customer at a fixed location (i.e.,
booth, counter, or table). Food and beverages are ordered from a menu. Customers
typically pay for food and beverages after service and/or consumption. The sale or
service of sandwiches, whether prepared in the kitchen or made elsewhere and heated
on the premises, or snack foods, shall not constitute a sit-down restaurant."
The AUP process would still be reviewed by both the Public Safety Department and
Community Development Department and require the typical conditions of approval that
are applied to alcohol-related Conditional Use Permits (CUPs). The amendment is
intended to assist the City's restaurant business community that are facing economic
hardship from the COVID-19 pandemic. The AUP process is administrative, approved
by the Director of Community Development, and could be completed at a fraction of the
time and cost of a CUP.
This proposed amendment would continue to require a CUP for all other on-site alcohol
sales for sit-down restaurants less than 6,000 square feet. In addition, the Garvey
Avenue Specific Plan would also continue to allow regional or national chain restaurants
larger than 6,000 square feet to serve alcohol without a CUP in the GSP-MU zone,
provided that a valid license from the ABC is obtained. Furthermore, a sit-down
Planning Commission Meeting
March 7, 2022
Page 14 of 50
restaurant would also have to meet the requirements of RMC 17.30.040 for alcohol
beverage sales and RMC 17.04.050 for the definition of a sit-down restaurant.
The text amendments to Figure 3.3 Land Use Table of the Garvey Avenue Specific Plan
and Table 17.21.020.1 of the Rosemead Municipal Code are attached as Exhibits "G"
and "H", respectively.
MUNICIPAL CODE REQUIREMENTS
Zone Change
Per Rosemead Municipal Code Section 17.152.060(B), amendments to the Official
Zoning Map may be approved only if all the following findings are first made. Below are
the findings and staffs recommendations on why such findings are met:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan.
RECOMMENDED FINDING: The Garvey Avenue Specific Plan was adopted in
2018 and its requirements for adoption included updating the General Plan to
eliminate inconsistencies between the two planning documents. The Garvey
Avenue Specific Plan amended the General Plan designation for approximately
88 parcels to support the development of over 1.18 million square feet of
commercial development, 892 dwelling units, and 0.77 acres of open space.
These estimates represent a realistic building of the planning area based on an
analysis of existing development that will persist through the life of the proposed
Specific Plan plus anticipated redevelopment. The proposed site is located
within Garvey Avenue Specific Plan General Plan land use designation. The
project only proposes to change the zone from GSP to GSP-MU.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
RECOMMENDED FINDING: The subject site is located within the Garvey
Avenue Specific Plan. The subject site consists of two parcels totaling
approximately 0.95 acres of vacant land. The proposed amendment would
change the zoning district within the Garvey Avenue Specific Plan from GSP to
GSP-MU for the construction of residential/commercial mixed-use development.
The Garvey Avenue Specific Plan was developed to create an attractive and
desirable neighborhood "main street" focusing on creating a vibrant corridor with
visible pedestrian activity.
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
Planning Commission Meeting
March 7, 2022
Page 15 of 50
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 although the
proposed project could have a significant effect on the environment, there will
not be a significant effect in this case as mitigation measures have been
incorporated.
C. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
RECOMMENDED FINDING: The proposed zone change will amend the Zoning
Map from GSP to GSP-MU. The GSP-MU allows vertical mixed-use, where
commercial uses are on the ground floor, with residential uses above. The
proposed project meets the GSP-MU development standards and would be in
compliance with the applicable development standards of the 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.
RECOMMENDED FINDING: The subject site is located within the Garvey
Avenue Specific Plan. The Garvey Avenue Specific Plan amended the Zoning
Map and General Plan land use designations for approximately 88 parcels to
support the development of over 1.18 million square feet of commercial
development, 892 dwelling units, and 0.77 acres of open space. These estimates
represent a realistic building of the planning area based on an analysis of
existing development that will persist through the life of the proposed Specific
Plan plus anticipated redevelopment. The site would be physically suited for
provision of public and emergency vehicle access, and public services and
utilities.
In addition, the applicant has obtained will -serve letters from Golden State Water
Company and the Los Angeles County Sanitation Districts. In addition, a traffic
study was prepared for the project by Ganddini Group, Inc. Based on the traffic
study, the proposed project would not result in any new significant traffic impact
impacts or mitigation measures compared to the Garvey Avenue Specific Plan
TIA/EIR. The proposed project is forecasted to generate fewer than 50 net new
AM or PM peak hour trips and is therefore exempt from preparation of a Level of
Service analysis based on the City -established guidelines. The nonresidential
component of the proposed project also satisfies the City -established project type
screening for local serving retail and may be presumed to result in a less than
Planning Commission Meeting
March 7, 2022
Page 16 of 50
significant VMT impact. In addition, the proposed project satisfies the City -
established low VMT area screening criteria. Therefore, the proposed Project
satisfies the City of Rosemead VMT screening criteria and may be presumed to
result in a less than significant VMT impact. The City of Rosemead's Contract
Traffic Engineer has reviewed the traffic study and Initial Study/Draft Mitigated
Negative Declaration and has deemed it acceptable. Furthermore, it was
determined that the project would not have any significant operational traffic
impacts.
Specific Plan Amendment
Per Section 65453(a) of the California Government Code, a specific plan shall be
prepared, adopted, and amended in the same manner as a general plan, except that a
specific plan may be adopted by resolution or by ordinance and may be amended as
often as deemed necessary by the legislative body. Per Rosemead Municipal Code
Section 17.152.060(A), amendments to the General Plan may be approved only if all
the following findings are first made. Below are the findings and staff's
recommendations on why such findings are met:
A. The amendment is internally consistent with all other provisions of the General
Plan.
RECOMMENDED FINDING: The Garvey Avenue Specific Plan was adopted in
2018 and its requirements for adoption included updating the General Plan to
eliminate inconsistencies between the two planning documents. The proposed
project continues to be internally consistent with all other provisions of the
General Plan. The project proposes to change the zone from GSP to GSP-MU
and to remain within the buildout development capacity of 1.18 million square
feet of commercial development and 892 dwelling units.
In addition, the project proposes a text amendment to permit sit-down restaurants
with a minimum requirement of 1,000 square feet to obtain an AUP for beer/wine
sales in the GSP to GSP-MU zones. Sit-down restaurants and alcohol licensing
are established uses in the Garvey Avenue Specific Plan.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience or welfare of the City.
RECOMMENDED FINDING: The subject site is located within the Garvey
Avenue Specific Plan. The subject site consists of two parcels totaling
approximately 0.95 acres of vacant land. The Garvey Avenue Specific Plan was
developed to create an attractive and desirable neighborhood "main street"
focusing on creating a vibrant corridor with visible pedestrian activity. The
proposed amendment would change the zoning district within the Garvey Avenue
Specific Plan from GSP to GSP-MU, for the construction of
Planning Commission Meeting
March 7, 2022
Page 17 of 50
residential/commercial mixed-use development. In addition, the project proposes
a text amendment to permit sit-down restaurants with a minimum requirement of
1,000 square feet to obtain an AUP for beer/wine sales in the GSP to GSP-MU
zones. Sit-down restaurants and alcohol licensing are established uses in the
Garvey Avenue Specific Plan.
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 although the
proposed project could have a significant effect on the environment, there will
not be a significant effect in this case as mitigation measures have been
incorporated.
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.
RECOMMENDED FINDING: The subject site is located within the Garvey
Avenue Specific Plan. The Garvey Avenue Specific Plan amended the Zoning
Map and General Plan land use designations for approximately 88 parcels to
support the development of over 1.18 million square feet of commercial
development, 892 dwelling units, and 0.77 acres of open space. These estimates
represent a realistic building of the planning area based on an analysis of
existing development that will persist through the life of the proposed Specific
Plan plus anticipated redevelopment. The site would be physically suited for
provision of public and emergency vehicle access, and public services and
utilities.
In addition, the applicant has obtained will -serve letters from Golden State Water
Company and the Los Angeles County Sanitation Districts. In addition, a traffic
study was prepared for the project by Ganddini Group, Inc. Based on the traffic
study, the proposed project would not result in any new significant traffic impact
impacts or mitigation measures compared to the Garvey Avenue Specific Plan
TIA/EIR. The proposed project is forecasted to generate fewer than 50 net new
AM or PM peak hour trips and is therefore exempt from preparation of a Level of
Service analysis based on the City -established guidelines. The nonresidential
component of the proposed project also satisfies the City -established project type
screening for local serving retail and may be presumed to result in a less than
Planning Commission Meeting
March 7, 2022
Page 18 of 50
significant VMT impact. In addition, the proposed project satisfies the City -
established low VMT area screening criteria. Therefore, the proposed Project
satisfies the City of Rosemead VMT screening criteria and may be presumed to
result in a less than significant VMT impact. The City of Rosemead's Contract
Traffic Engineer has reviewed the traffic study and Initial Study/Draft Mitigated
Negative Declaration and has deemed it acceptable. Furthermore, it was
determined that the project would not have any significant operational traffic
impacts.
The proposed text amendment to permit sit-down restaurants with a minimum
requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the
GSP to GSP-MU zones would require review by both the Public Safety
Department and Community Development Department and require the typical
conditions of approval that are applied to alcohol-related CUPs. The amendment
is intended to assist the City's restaurant business community that are facing
economic hardship from the COVID-19 pandemic. The AUP process is
administrative, approved by the Director of Community Development, and could
be completed at a fraction of the time and cost of a CUP. Sit-down restaurants
and alcohol licensing are established uses in the Garvey Avenue Specific Plan
PUBLIC NOTICE PROCESS
On February 16, 2022, forty-three (43) 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.
Prepared by:
*.011
Lily Valenzuela
Planning and Economic Development Manager
Submitted b
Ben '
Assistant City Manager/Director of Community Development
Planning Commission Meeting
March 7, 2022
Page 19 of 50
EXHIBITS:
A. Planning Commission Resolution No. 22-02
B. Draft City Council Resolution 2022-18
C. Draft City Council Ordinance No. 1008
D. Project Conditions of Approval
E. Initial Study/Draft Mitigated Negative Declaration (Appendices in USB Drive)
F. Mitigation Monitoring and Reporting Program
G. Amendments to Figure 3.3 Land Use Table of the Garvey Avenue Specific Plan
H. Amendments to Table 17.21.020.1 of the Rosemead Municipal Code
I. Architectural Plans
J. Assessor's Parcel Map (APNs: 5286-022-009 and 5286-022-010)
Planning Commission Meeting
March 7, 2022
Page 20 of 50
EXHIBIT "A"
PC RESOLUTION 22-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING THE CITY COUNCIL APPROVE ZONE CHANGE 21-
01 AND SPECIFIC PLAN AMENDMENT 21-01 TO AMEND THE
ZONING MAP BY CHANGING THE ZONE OF 7539 & 7545 GARVEY
AVENUE (APN NOS. 5286-022-009 AND 5286-022-010) FROM
GARVEY AVENUE SPECIFIC PLAN (GSP) TO GARVEY AVENUE
SPECIFIC PLAN, INCENTIVIZED MIXED-USE (GSP-MU) ZONE, FOR
THE DEVELOPMENT OF A NEW RESIDENTIAL/COMMERCIAL
MIXED-USE DEVELOPMENT, APPROVE A TEXT AMENDMENT TO
THE GARVEY AVENUE SPECIFIC PLAN PERMITTING SIT-DOWN
RESTAURANTS WITH A MINIMUM REQUIREMENT OF 1,000 SQUARE
FEET TO OBTAIN AN ADMINISTRATIVE USE PERMIT (AUP) FOR
BEER/WINE SALES IN THE GARVEY AVENUE SPECIFIC PLAN (GSP)
AND GARVEY AVENUE SPECIFIC PLAN, INCENTIVIZED MIXED-USE
(GSP-MU) ZONES, AND ADOPT THE INITIAL STUDY/MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM
WHEREAS, on June 2, 2021, Del Mar Property LLC submitted entitlement
applications for the construction of a seven -story, mixed-use development with 6,346
square feet of nonresidential (commercial) use and 75 residential units; and
WHEREAS, 7539 & 7545 Garvey Avenue are located in the Garvey Avenue
Specific Plan (GSP) zone; and
WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the
purpose and criteria for a Zone Change; and
WHEREAS, the Garvey Avenue Specific Plan provides the criteria for specific
plan amendments and amendments to the Specific Plan may be requested by the
applicant or by the City at any time pursuant to Section 65453(a) of the California
Government Code and Rosemead Municipal Code Title 17, Article 5, Chapter 17.150.
WHEREAS, Section 65453(a) of the California Government Code states a
specific plan shall be prepared, adopted, and amended in the same manner as a
general plan, except that a specific plan may be adopted by resolution or by ordinance
and may be amended as often as deemed necessary by the legislative body. Section
17.150.040, adoption of, or amendment to, a specific plan relating to land use may be
initiated by the City or by submittal of a Master Plan. When initiated by a master plan,
the person shall file a petition with the City and pay a filing fee as required in Chapter
17.120 of [Title 17].
Planning Commission Meeting
March 7, 2022
Page 21 of 50
WHEREAS, Sections 65800 & 65900 of the California Government and
Rosemead Municipal Code Sections 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 or
specific plan amendment; and
WHEREAS, 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 Draft Mitigated Negative Declaration; and
WHEREAS, Specific Plan Amendment 21-01 includes amendments to
Rosemead Municipal Code Section 17.21 - Garvey Avenue Specific Plan Zoning
District," to incorporate the text amendment to the Garvey Avenue Specific Plan.
WHEREAS, on February 16, 2022, forty-three (43) 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 Zone Change 21-01 and Specific Plan
Amendment 21-01, pursuant to California Government Code Section 65091(a)(3); and
WHEREAS, on March 7, 2022, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Zone Change
21-01 and Specific Plan Amendment 21-01; 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 Zone Change 21-01 and Specific Plan
Amendment 21-01.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Zone Change 21-01 in accordance with
Rosemead Municipal Code Section 17.152.060(B) as follows:
Planning Commission Meeting
March 7, 2022
Page 22 of 50
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan.
FINDING: The Garvey Avenue Specific Plan was adopted in 2018 and its
requirements for adoption included updating the General Plan to eliminate
inconsistencies between the two planning documents. The Garvey Avenue Specific
Plan amended the General Plan designation for approximately 88 parcels to support the
development of over 1.18 million square feet of commercial development, 892 dwelling
units, and 0.77 acres of open space. These estimates represent a realistic building of
the planning area based on an analysis of existing development that will persist through
the life of the proposed Specific Plan plus anticipated redevelopment. The proposed
site is located within Garvey Avenue Specific Plan General Plan land use designation.
The project only proposes to change the zone from GSP to GSP-MU.
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
FINDING: The subject site is located within the Garvey Avenue Specific Plan.
The subject site consists of two parcels totaling approximately 0.95 acres of vacant
land. The proposed amendment would change the zoning district within the Garvey
Avenue Specific Plan from GSP to GSP-MU for the construction of
residential/commercial mixed-use development. The Garvey Avenue Specific Plan was
developed to create an attractive and desirable neighborhood "main street" focusing on
creating a vibrant corridor with visible pedestrian activity.
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 although the proposed project could have a
significant effect on the environment, there will not be a significant effect in this case
as mitigation measures have been incorporated.
C. The proposed amendment is internally consistent with other applicable
provisions of this Zoning Code.
The proposed zone change will amend the Zoning Map from GSP to GSP-MU.
The GSP-MU allows vertical mixed-use, where commercial uses are on the ground
floor, with residential uses above. The proposed project meets the GSP-MU
development standards and would be in compliance with the applicable development
standards of the 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
Planning Commission Meeting
March 7, 2022
Page 23 of 50
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 within the Garvey Avenue Specific Plan.
The Garvey Avenue Specific Plan amended the Zoning Map and General Plan land use
designations for approximately 88 parcels to support the development of over 1.18
million square feet of commercial development, 892 dwelling units, and 0.77 acres of
open space. These estimates represent a realistic building of the planning area based
on an analysis of existing development that will persist through the life of the proposed
Specific Plan plus anticipated redevelopment. The site would be physically suited for
provision of public and emergency vehicle access, and public services and utilities.
In addition, the applicant has obtained will -serve letters from Golden State Water
Company and the Los Angeles County Sanitation Districts. In addition, a traffic study
was prepared for the project by Ganddini Group, Inc. Based on the traffic study, the
proposed project would not result in any new significant traffic impact impacts or
mitigation measures compared to the Garvey Avenue Specific Plan TIA/EIR. The
proposed project is forecasted to generate fewer than 50 net new AM or PM peak hour
trips and is therefore exempt from preparation of a Level of Service analysis based on
the City -established guidelines. The nonresidential component of the proposed project
also satisfies the City -established project type screening for local serving retail and may
be presumed to result in a less than significant VMT impact. In addition, the proposed
project satisfies the City -established low VMT area screening criteria. Therefore, the
proposed Project satisfies the City of Rosemead VMT screening criteria and may be
presumed to result in a less than significant VMT impact. The City of Rosemead's
Contract Traffic Engineer has reviewed the traffic study and Initial Study/Draft Mitigated
Negative Declaration and has deemed it acceptable. Furthermore, it was determined
that the project would not have any significant operational traffic impacts.
SECTION 3. The Planning Commission HEREBY RECOMMENDS that the City
Council find that facts do exist to justify approving Specific Plan Amendment 21-01 in
accordance with Section 65453(a) of the California Government Code and Rosemead
Municipal Code Section 17.152.060(A) as follows:
A. The proposed amendment is internally consistent with all other provisions
of the General Plan.
FINDING: The Garvey Avenue Specific Plan was adopted in 2018 and its
requirements for adoption included updating the General Plan to eliminate
inconsistencies between the two planning documents. The proposed project continues
to be internally consistent with all other provisions of the General Plan. The project
proposes to change the zone from GSP to GSP-MU and to remain within the buildout
development capacity of 1.18 million square feet of commercial development and 892
Planning Commission Meeting
March 7, 2022
Page 24 of 50
dwelling units.
In addition, the project proposes a text amendment to permit sit-down restaurants
with a minimum requirement of 1,000 square feet to obtain an AUP for beer/wine sales
in the GSP to GSP-MU zones. Sit-down restaurants and alcohol licensing are
established uses in the Garvey Avenue Specific Plan.
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
FINDING: The subject site is located within the Garvey Avenue Specific Plan.
The subject site consists of two parcels totaling approximately 0.95 acres of vacant
land. The Garvey Avenue Specific Plan was developed to create an attractive and
desirable neighborhood "main street" focusing on creating a vibrant corridor with visible
pedestrian activity. The proposed amendment would change the zoning district within
the Garvey Avenue Specific Plan from GSP to GSP-MU, for the construction of
residential/commercial mixed-use development. In addition, the project proposes a text
amendment to permit sit-down restaurants with a minimum requirement of 1,000 square
feet to obtain an AUP for beer/wine sales in the GSP to GSP-MU zones. Sit-down
restaurants and alcohol licensing are established uses in the Garvey Avenue Specific
Plan.
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 although the proposed project could have a
significant effect on the environment, there will not be a significant effect in this case
as mitigation measures have been incorporated.
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 within the Garvey Avenue Specific Plan.
The Garvey Avenue Specific Plan amended the Zoning Map and General Plan land use
designations for approximately 88 parcels to support the development of over 1.18
million square feet of commercial development, 892 dwelling units, and 0.77 acres of
open space. These estimates represent a realistic building of the planning area based
on an analysis of existing development that will persist through the life of the proposed
Specific Plan plus anticipated redevelopment. The site would be physically suited for
Planning Commission Meeting
March 7, 2022
Page 25 of 50
provision of public and emergency vehicle access, and public services and utilities.
In addition, the applicant has obtained will -serve letters from Golden State Water
Company and the Los Angeles County Sanitation Districts. In addition, a traffic study
was prepared for the project by Ganddini Group, Inc. Based on the traffic study, the
proposed project would not result in any new significant traffic impact impacts or
mitigation measures compared to the Garvey Avenue Specific Plan TIA/EIR. The
proposed project is forecasted to generate fewer than 50 net new AM or PM peak hour
trips and is therefore exempt from preparation of a Level of Service analysis based on
the City -established guidelines. The nonresidential component of the proposed project
also satisfies the City -established project type screening for local serving retail and may
be presumed to result in a less than significant VMT impact. In addition, the proposed
project satisfies the City -established low VMT area screening criteria. Therefore, the
proposed Project satisfies the City of Rosemead VMT screening criteria and may be
presumed to result in a less than significant VMT impact. The City of Rosemead's
Contract Traffic Engineer has reviewed the traffic study and Initial Study/Draft Mitigated
Negative Declaration and has deemed it acceptable. Furthermore, it was determined
that the project would not have any significant operational traffic impacts.
The proposed text amendment to permit sit-down restaurants with a minimum
requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the GSP to
GSP-MU zones would require review by both the Public Safety Department and
Community Development Department and require the typical conditions of approval that
are applied to alcohol-related CUPs. The amendment is intended to assist the City's
restaurant business community that are facing economic hardship from the COVID-19
pandemic. The AUP process is administrative, approved by the Director of Community
Development, and could be completed at a fraction of the time and cost of a CUP. Sit-
down restaurants and alcohol licensing are established uses in the Garvey Avenue
Specific Plan.
SECTION 4. The Planning Commission HEREBY RECOMMENDS CITY
COUNCIL APPROVAL of Zone Change 21-01 and Specific Plan Amendment 21-01, for
the construction of a seven -story, mixed-use development with 6,346 square feet of
nonresidential (commercial) use and 75 residential units.
SECTION 5. This resolution is the result of an action taken by the Planning
Commission on March 7, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECTION 6. The Secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the applicant and the Rosemead City Clerk.
Planning Commission Meeting
March 7, 2022
Page 26 of 50
PASSED, APPROVED, and ADOPTED this 7th day of March, 2022.
James Berry, Chair
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 7th day of
March, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Ben Kim, Secretary
APPROVED AS TO FORM:
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
March 7, 2022
Page 27 of 50
EXHIBIT "B"
RESOLUTION 2022-18
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 FOR ZONE CHANGE 21-01 AND SPECIFIC PLAN
AMENDMENT 21-01
WHEREAS, on June 2, 2021, Del Mar Property LLC submitted entitlement applications
for the construction of a seven -story, mixed-use development with 6,346 square feet of
nonresidential (commercial) use and 75 residential units; and
WHEREAS, 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
Draft Mitigated Negative Declaration; and
WHEREAS, the Initial Study/Draft Mitigated Negative Declaration (SCH Number
2022020365) was prepared and circulated for a 20 -day public review and comment period from
February 16, 2022 to March 7, 2022. 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 Zone
Change 21-01 and Specific Plan Amendment 21-01.
WHEREAS, as required under the CEQA and in order to facilitate implementation of all
mitigation measures adopted pursuant to CEQA, the Mitigation Monitoring and Reporting
Program identifies the timing of, and the agency or agencies responsible for, enforcement and
monitoring of each mitigation measure to be implemented to reduce potentially significant
impacts to a less than significant level; and
WHEREAS, the City Council held a duly noticed public hearing on March 22, 2022, to
consider the Initial Study/Mitigated Negative Declaration; 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:
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March 7, 2022
Page 28 of 50
SECTION 1. The City Council exercises its independent judgment and finds, on the
basis of the whole record before it (including the initial study and any comments received), that
there is no substantial evidence that the project will have a significant effect on the environment
after the adoption of the mitigated negative declaration,and HEREBY ADOPTS the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program, as the environmental
clearance for Zone Change 21-01 and Specific Plan Amendment 21-01.
SECTION 2. 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 7th day of March, 2022.
ATTEST:
Polly Low, Mayor
APPROVED AS TO FORM:
Ericka Hernandez, City Clerk Rachel H. Richman, City Attorney
Exhibit:
A. Conditions of Approval
Planning Commission Meeting
March 7, 2022
Page 29 of 50
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. 2022-18 was duly adopted by the
City Council of the City of Rosemead, California, at a regular meeting thereof held on the 7th
day of March, 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
Planning Commission Meeting
March 7, 2022
Page 30 of 50
EXHIBIT "C"
ORDINANCE NO. 1008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
TO APPROVE ZONE CHANGE 21-01 AND SPECIFIC PLAN
AMENDMENT 21-01 TO AMEND THE ZONING MAP BY CHANGING
THE ZONE OF 7539 & 7545 GARVEY AVENUE (APN NOS. 5286-022-009
AND 5286-022-010) FROM GARVEY AVENUE SPECIFIC PLAN (GSP)
TO GARVEY AVENUE SPECIFIC PLAN, INCENTIVIZED MIXED-USE
(GSP-MU) ZONE, FOR THE DEVELOPMENT OF A NEW
RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT AND
APPROVE A TEXT AMENDMENT TO THE GARVEY AVENUE
SPECIFIC PLAN PERMITTING SIT-DOWN RESTAURANTS WITH A
MINIMUM REQUIREMENT OF 1,000 SQUARE FEET TO OBTAIN AN
ADMINISTRATIVE USE PERMIT (AUP) FOR BEER/WINE SALES IN
THE GARVEY AVENUE SPECIFIC PLAN (GSP) AND GARVEY
AVENUE SPECIFIC PLAN, INCENTIVIZED MIXED-USE (GSP-MU)
ZONES
WHEREAS, on June 2, 2021, Del Mar Property LLC submitted entitlement applications
for the construction of a seven -story, mixed-use development with 6,346 square feet of
nonresidential (commercial) use and 75 residential units; and
WHEREAS, 7539 & 7545 Garvey Avenue are located in the Garvey Avenue Specific
Plan (GSP) zone; and
WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the purpose
and criteria for a Zone Change; and
WHEREAS, the Garvey Avenue Specific Plan provides the criteria for specific plan
amendments and amendments to the Specific Plan may be requested by the applicant or by the
City at any time pursuant to Section 65453(a) of the California Government Code and Rosemead
Municipal Code Title 17, Article 5, Chapter 17.150.
WHEREAS, Section 65453(a) of the California Government Code states a specific plan
shall be prepared, adopted, and amended in the same manner as a general plan, except that a
specific plan may be adopted by resolution or by ordinance and may be amended as often as
deemed necessary by the legislative body. Section 17.150.040, adoption of, or amendment to, a
specific plan relating to land use may be initiated by the City or by submittal of a Master Plan.
When initiated by a master plan, the person shall file a petition with the City and pay a filing
fee as required in Chapter 17.120 of [Title 17].
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March 7, 2022
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WHEREAS, Sections 65800 & 65900 of the California Government and Rosemead
Municipal Code Sections 17.152.040 authorizes the City Council to approve, approve in
modified form, or deny the zone change or specific plan amendment; and
WHEREAS, 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
Draft Mitigated Negative Declaration; and
WHEREAS, Specific Plan Amendment 21-01 includes text amendments to Rosemead
Municipal Code Section 17.21 - Garvey Avenue Specific Plan Zoning District," to incorporate
the text amendment to the Garvey Avenue Specific Plan.
WHEREAS, on March 7, 2022, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Zone Change 21-01
and Specific Plan Amendment 21-01; and
WHEREAS, on March 10, 2022, forty-three (43) 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 Zone Change 21-01 and Specific Plan Amendment 21-01, pursuant to California
Government Code Section 65091(a)(3); and
WHEREAS, the City Council held a duly noticed public hearing on March 22, 2022, to
consider the Zone Change 21-01 and Specific Plan Amendment 21-01; and
WHEREAS, the City Council fully studied the proposed zone change and specific plan
amendment, 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 FINDS AND DETERMINES that facts
do exist to justify approving Zone Change 21-01 in accordance with Rosemead Municipal Code
Section 17.152.060(B) as follows:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan.
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March 7, 2022
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FINDING: The Garvey Avenue Specific Plan was adopted in 2018 and its requirements
for adoption included updating the General Plan to eliminate inconsistencies between the two
planning documents. The Garvey Avenue Specific Plan amended the General Plan designation
for approximately 88 parcels to support the development of over 1.18 million square feet of
commercial development, 892 dwelling units, and 0.77 acres of open space. These estimates
represent a realistic building of the planning area based on an analysis of existing development
that will persist through the life of the proposed Specific Plan plus anticipated redevelopment.
The proposed site is located within Garvey Avenue Specific Plan General Plan land use
designation. The project only proposes to change the zone from GSP to GSP-MU.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
FINDING: The subject site is located within the Garvey Avenue Specific Plan. The
subject site consists of two parcels totaling approximately 0.95 acres of vacant land. The
proposed amendment would change the zoning district within the Garvey Avenue Specific Plan
from GSP to GSP-MU for the construction of residential/commercial mixed-use development.
The Garvey Avenue Specific Plan was developed to create an attractive and desirable
neighborhood "main street" focusing on creating a vibrant corridor with visible pedestrian
activity.
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 although the proposed project could have a significant effect on
the environment, there will not be a significant effect in this case as mitigation measures
have been incorporated.
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 from GSP to GSP-
MU. The GSP-MU allows vertical mixed-use, where commercial uses are on the ground floor,
with residential uses above. The proposed project meets the GSP-MU development standards
and would be in compliance with the applicable development standards of the 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.
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March 7, 2022
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FINDING: The subject site is located within the Garvey Avenue Specific Plan. The
Garvey Avenue Specific Plan amended the Zoning Map and General Plan land use designations
for approximately 88 parcels to support the development of over 1.18 million square feet of
commercial development, 892 dwelling units, and 0.77 acres of open space. These estimates
represent a realistic building of the planning area based on an analysis of existing development
that will persist through the life of the proposed Specific Plan plus anticipated redevelopment.
The site would be physically suited for provision of public and emergency vehicle access, and
public services and utilities.
In addition, the applicant has obtained will -serve letters from Golden State Water
Company and the Los Angeles County Sanitation Districts. In addition, a traffic study was
prepared for the project by Ganddini Group, Inc. Based on the traffic study, the proposed project
would not result in any new significant traffic impact impacts or mitigation measures compared
to the Garvey Avenue Specific Plan TIA/EIR. The proposed project is forecasted to generate
fewer than 50 net new AM or PM peak hour trips and is therefore exempt from preparation of a
Level of Service analysis based on the City -established guidelines. The nonresidential
component of the proposed project also satisfies the City -established project type screening for
local serving retail and may be presumed to result in a less than significant VMT impact. In
addition, the proposed project satisfies the City -established low VMT area screening criteria.
Therefore, the proposed Project satisfies the City of Rosemead VMT screening criteria and may
be presumed to result in a less than significant VMT impact. The City of Rosemead's Contract
Traffic Engineer has reviewed the traffic study and Initial Study/Draft Mitigated Negative
Declaration and has deemed it acceptable. Furthermore, it was determined that the project would
not have any significant operational traffic impacts.
SECTION 2. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts
do exist to justify approving Specific Plan Amendment 21-01 in accordance with Section
65453(a) of the California Government Code and Rosemead Municipal Code Section
17.152.060(A) as follows:
A. The proposed amendment is internally consistent with all other provisions of the
General Plan.
FINDING: The Garvey Avenue Specific Plan was adopted in 2018 and its requirements
for adoption included updating the General Plan to eliminate inconsistencies between the two
planning documents. The proposed project continues to be internally consistent with all other
provisions of the General Plan. The project proposes to change the zone from GSP to GSP-MU
and to remain within the buildout development capacity of 1.18 million square feet of
commercial development and 892 dwelling units.
In addition, the project proposes a text amendment to permit sit-down restaurants with a
minimum requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the GSP to
GSP-MU zones. Sit-down restaurants and alcohol licensing are established uses in the Garvey
Avenue Specific Plan.
Planning Commission Meeting
March 7, 2022
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B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
FINDING: The subject site is located within the Garvey Avenue Specific Plan. The
subject site consists of two parcels totaling approximately 0.95 acres of vacant land. The Garvey
Avenue Specific Plan was developed to create an attractive and desirable neighborhood "main
street" focusing on creating a vibrant corridor with visible pedestrian activity. The proposed
amendment would change the zoning district within the Garvey Avenue Specific Plan from GSP
to GSP-MU, for the construction of residential/commercial mixed-use development. In addition,
the project proposes a text amendment to permit sit-down restaurants with a minimum
requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the GSP to GSP-MU
zones. Sit-down restaurants and alcohol licensing are established uses in the Garvey Avenue
Specific Plan.
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 although the proposed project could have a significant effect on
the environment, there will not be a significant effect in this case as mitigation measures
have been incorporated.
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 within the Garvey Avenue Specific Plan. The
Garvey Avenue Specific Plan amended the Zoning Map and General Plan land use designations
for approximately 88 parcels to support the development of over 1.18 million square feet of
commercial development, 892 dwelling units, and 0.77 acres of open space. These estimates
represent a realistic building of the planning area based on an analysis of existing development
that will persist through the life of the proposed Specific Plan plus anticipated redevelopment.
The site would be physically suited for provision of public and emergency vehicle access, and
public services and utilities.
In addition, the applicant has obtained will -serve letters from Golden State Water
Company and the Los Angeles County Sanitation Districts. In addition, a traffic study was
prepared for the project by Ganddini Group, Inc. Based on the traffic study, the proposed project
would not result in any new significant traffic impact impacts or mitigation measures compared
to the Garvey Avenue Specific Plan TIA/EIR. The proposed project is forecasted to generate
fewer than 50 net new AM or PM peak hour trips and is therefore exempt from preparation of a
Planning Commission Meeting
March 7, 2022
Page 35 of 50
Level of Service analysis based on the City -established guidelines. The nonresidential
component of the proposed project also satisfies the City -established project type screening for
local serving retail and may be presumed to result in a less than significant VMT impact. In
addition, the proposed project satisfies the City -established low VMT area screening criteria.
Therefore, the proposed Project satisfies the City of Rosemead VMT screening criteria and may
be presumed to result in a less than significant VMT impact. The City of Rosemead's Contract
Traffic Engineer has reviewed the traffic study and Initial Study/Draft Mitigated Negative
Declaration and has deemed it acceptable. Furthermore, it was determined that the project would
not have any significant operational traffic impacts.
The proposed text amendment to permit sit-down restaurants with a minimum
requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the GSP to GSP-MU
zones would require review by both the Public Safety Department and Community Development
Department and require the typical conditions of approval that are applied to alcohol-related
CUPs. The amendment is intended to assist the City's restaurant business community that are
facing economic hardship from the COVID-19 pandemic. The AUP process is administrative,
approved by the Director of Community Development, and could be completed at a fraction of
the time and cost of a CUP. Sit-down restaurants and alcohol licensing are established uses in the
Garvey Avenue Specific Plan.
SECTION 3. Approval of Specific Plan and Zoning Map Amendment. The City
Council HEREBY AMENDS the Garvey Avenue Specific Plan and the City's Zoning Map to
change the zone of 7539 & 7545 Garvey Avenue from Garvey Avenue Specific Plan (GSP) to
Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zone.
SECTION 4. Approval of Specific Plan and Zoning Code Text Amendment. The
City Council HEREBY AMENDS Figure 3.3 Land Use Table of the Garvey Avenue Specific
Plan and Table 17.21.020.1 of the Rosemead Municipal Code included as Exhibits "A" and `B",
respectively, and the Garvey Avenue Specific Plan, to permit sit-down restaurants with a
minimum requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the GSP and
GSP-MU zones, provided that a valid license from California Department of Alcoholic Beverage
Control (ABC) is obtained.
SECTION 5. City Manager Authority. The City Manager is authorized to execute
such amendments necessary to implement the specific plan, zoning code, and zoning map
amendments set forth in this ordinance.
SECTION 6. 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,
Planning Commission Meeting
March 7, 2022
Page 36 of 50
sentences, clauses, phrases, or words may be declared invalid or unconstitutional.
SECTION 7. 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 8. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
PASSED, APPROVED, AND ADOPTED this day of
ATTEST:
Ericka Hernandez, City Clerk
Exhibits:
Polly Low, Mayor
W W W t1telkyj 11D . • •,u
2022.
Rachel H. Richman, City Attorney
A. Amendments to Figure 3.3 Land Use Table of the Garvey Avenue Specific Plan
B. Amendments to Table 17.21.020.1 of the Rosemead Municipal Code
Planning Commission Meeting
March 7, 2022
Page 37 of 50
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. 1008 was first
introduced at the regular meeting of , 2022 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 day of , 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
Planning Commission Meeting
March 7, 2022
Page 38 of 50
EXHIBIT "D"
ZONE CHANGE 21-01 AND SPECIFIC PLAN AMENDMENT 21-01
(CITY COUNCIL RESOLUTION 2022-18 AND ORDINANCE 1008)
7539 & 7545 GARVEY AVENUE
(APNS: 5286-022-009 AND 5286-022-010)
CONDITIONS OF APPROVAL
MARCH 7, 2021
Standard Conditions of Approvals
1. Zone Change 21-01 and Specific Plan Amendment 21-01 ("Project") are approved for the
amendment of the Zoning Map by changing the zone of 7539 & 7545 Garvey Avenue from
Garvey Avenue Specific Plan (GSP) to Garvey Avenue Specific Plan, Incentivized Mixed -
Use (GSP-MU) zone, for the development of a seven -story, mixed-use development with
6,346 square feet of nonresidential (commercial) use on the first floor and 75 residential
units on the first through seventh floors. 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 Division, Building and Safety Division, and Public
Works Department.
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.
Planning Commission Meeting
March 7, 2022
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7. The Planning Commission hereby authorizes the Planning Division to make and/or approve
minor modifications to the project and to these conditions of approval.
8. Project is granted or approved with the City and its Planning Commission and City Council
retaining and reserving the right and jurisdiction to review and to modify the permit,
including the conditions of approval based on changed circumstances. Changed
circumstances include, but are not limited to, the modification of the use, a change in scope,
emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change
of use. This reservation of right to review is in addition to, and not in lieu of, the right of the
City, its Planning Commission, and City Council to review and revoke or modify any permit
granted or approved under the Rosemead Municipal Code for any violations of the
conditions imposed on Project.
9. The 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 Public Works Department 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 Public Works
Department 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
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seen from the public right-of-way.
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 consist of decorative material,
which 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.
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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
submitted to the Planning Division for review, and if satisfactory, approval, prior to
submittal to the Building and Safety 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. All delivery vehicles for the nonresidential space on the ground level would enter the site
from Prospect Avenue and park in a designated loading area on the ground level for site
deliveries. Delivery trucks would be restricted to two axle trucks. Delivery trucks would not
be allowed to park along either Prospect Avenue or Garvey Avenue.
29. Truck deliveries shall occur only during off-peak hours so that any potential conflict
between trucks, residents, and customers of the project site land uses will be minimal. All
truck deliveries shall comply with Rosemead Municipal Code Chapter 8.36.
30. Pickup trucks equipped to lift dumpsters shall be utilized to move solid waste and recyclable
materials from the trash enclosures to the street, 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.
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34. 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.
35. 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.
36. 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.
37. Restrictions and/or covenants shall be recorded on the property to ensure the benefits or
amenities provided to earn the Community Benefit Incentives are maintained in perpetuity.
The project includes five community benefit incentives totaling 131 earned points for a 3.0
floor area ratio (FAR) and density of 80 units/acre. The type of benefit and points earned
are listed below:
a. Lot Consolidation — 35 points
b. Family Friendly Development — 50 points
c. Nonresidential Component of Mixed -Use Development Sites — 20 points
d. Public Parking — 6 points
e. Sustainable Design (CAL -Green Tier 1) — 20 points
Public Works Conditions of Approval
3 8. Copy all conditions of approval and the Planning decision letter onto all permit plan sets.
39. The approved building address(s) shall be painted on the curb to the City's standard as
required by the Public Works Inspector before the final inspection.
40. Rehabilitate existing AC street pavement along the property frontage to the centerline of the
street or pay an in -lieu fee equal to the estimated cost of street rehabilitation based on the
Los Angeles County Land Development Division Bond Calculation Sheets before the
issuance of building permits to the satisfaction of the City Engineer or designee. There is a
street -cut moratorium on Garvey.
41. Any trenching asphalt or concrete pavement or street or sidewalk removal related to the
project repair shall match the existing surfaces and as directed by the City Engineer or his
designee. New pavement thickness shall be one inch greater than the existing. There is a
street -cut moratorium on Garvey.
42. Dedicate street R/W to match the ultimate R/W condition, when applicable.
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43. The required street improvements shall include those portions of roadways contiguous to the
subject property and include:
a. Reconstruct existing and construct new driveway approaches with current ADA bypass
requirements per SPPWC, latest edition. No portion of the driveway and/or parkway shall
encroach to the frontage of the adjacent property. Remove and replace relocated driveway
approaches with sidewalk and curb and gutter.
b. Remove and reconstruct all damaged and/or off -grade curbs, gutters, ADA ramps, driveway
approaches, and sidewalks.
c. Install street storm drain catch basin trash grates adjacent to the property (type to match City
standard), when applicable.
44. 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.
45. 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.
46. 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.
47. If the project is greater than one acre, 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.
48. 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.
49. Submit a LID plan and comply with all NPDES requirements.
50. If applicable, install Full Capture Devices (FCDs) on each storm drain catch basin adjacent
to the property pursuant Los Angeles River Trash TMDL requirements and City standard.
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51. Show clearly all existing lot lines and proposed lot line on the plans.
52. Provide a complete boundary and topographic survey.
53. Show any easement on the plans as applicable.
54. A Lot Merger or Covenant to Hold All Parcels as one shall be required, dependent on the
City Engineer's determination.
Traffic
55. Comply with all traffic requirements.
56. 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.
57. 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
58. If applicable, approval of this land division is contingent upon providing a separate sewer
lateral to serve each lot of the land division.
59. Conduct a sewer capacity study per the Los Angeles County Department of Public Works
Guidelines of existing sewer facilities that serve the proposed development. The developer
shall either pay in -lieu fees equal to the estimated cost (based on Los Angeles County Land
Development Division Bond Calculation Sheets) of the proposed development's percentage
of the design capacity of the existing sewer system prior to the issuance of building permits
or provide sewer improvements to deficient sewer segments serving the subject property to
the satisfaction of the City Engineer.
60. 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.
61. All existing laterals to be abandoned shall be capped at the public right of way to the
satisfaction of the City Engineer and the Building Official of the City of Rosemead.
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Utilities
62. All power, telephone, cable television, and all utilities to the project and adjacent to the
project shall be underground.
63. Any utilities that conflict with the development shall be relocated at the developer's expense.
64. Provide a street lighting plan and parking lot lighting plan.
Water
65. Prior to the filing of the final map, there shall also be filed with the City Engineer, a
statement from the water purveyor indicating compliance with the Fire Chief s fire flow
requirements.
66. Water hydrant, water meter box and utilities box shall be located 8 feet away from parkway
trees and 3 feet away from driveway approach.
67. 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.
Mitigation Measure Conditions
Aesthetics
68. 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.
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
69. 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).
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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.
70. 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
71. 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.
72. 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 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.
73. 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
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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.
74. 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
75. All construction equipment shall be equipped with mufflers and other suitable noise
attenuation devices (e.g., engine shields).
76. Grading and construction contractors shall use rubber -tired equipment rather than track
equipment, to the maximum extent feasible.
77. 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.
78. Electric air compressors and similar power tools rather than diesel equipment shall be
used, where feasible.
79. Generators and stationary construction equipment shall be staged and located as far from
the adjacent residential structures as feasible.
80. 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.
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81. 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.
82. Dozers shall not operate within 25 feet of the north property line.
Tribal Cultural Resources
83. 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 Gabrieleno 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
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.
84. 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 graveiburial 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[fJ). 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
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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.
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