Ordinance No. 1008 - Approved of Zone Change 21-10 and Specific Plan Amendment 21-01 for 7539 and 7545 Garvey AvenueORDINANCE 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, 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; and
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]; and
WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the purpose
and criteria for a Zone Change; and
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 Specific Plan Amendment or Zone Change; and
1
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
Mitigated Negative Declaration and Mitigation Monitoring Program; 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 recommended that the City. Council. approve Specific Plan
Amendment 21-01 and Zone Change 21-01; and
WHEREAS, on March 10, 2022, forty-three (43) notices were sent to properly 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 Specific Plan Amendment 21-01 and Zone Change 21-01, pursuant to California
Government Code Section 65091(a)(3); and
WHEREAS, on March 22, 2022, the City Council continued the public hearing on Specific
Plan Amendment 21-01 and Zone Change 21-01, to the next regularly scheduled City Council
Meeting on April 12, 2022, in order to address public comments that were received at the night of
the meeting;
WHEREAS, the City Council held a duly noticed public hearing on April 12, 2022, to
consider the Specific Plan Amendment 21-01 and Zone Change 21-01; and
WHEREAS, the City Council fully studied the proposed Specific Plan Amendment and
Zone Change, considered all public comments and all written and verbal and testimony; and
WHEREAS, the City Council, having final approval authority over this project, has also
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 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.
Because the specific plan amendment changes from one established zone to another, from
GSP to GSP-MU, and the text changes are intended to harmonize the specific plan with the
Freeway Corridor Mixed -Use (FCMU) Overlay regulations, this specific plan amendment is
consistent with the General 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.
Because the proposed amendment furthers the purposes of the General Plan and Garvey
Avenue Specific Plan by allowing the development of a residential/commercial mixed-use
development that promotes Garvey Avenue as a vibrant corridor, harmonizes existing land uses,
and will not result in significant environment impacts after mitigation, this finding is satisfied.
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 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, and will not affect physical suitability, access and circulation, or the availability of
public services.
For these reasons, the subject site is physically suitable, has adequate access and
circulation, and provides sufficient public services so it does not endanger, jeopardize, or constitute
a hazard to the property or other improvements within the vicinity.
El
SECTION 2. 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.
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.
Because the project only proposes to change the zoning designation from one established zone to
another, from GSP to GSP-MU, the project will be consistent with the General Plan and 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 Pian. 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.
Because the proposed amendment furthers the purposes of the Garvey Avenue Specific
Plan by allowing the development of a residential/commercial mixed-use development that
promotes Garvey Avenue as a vibrant corridor, and will not result in significant environment
impacts after mitigation, this finding is satisfied.
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,
5
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, and
therefore is internally consistent with the applicable provisions 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.
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.
For these reasons, the subject site is physically suitable, has adequate access and
circulation, and provides sufficient public services so it does not endanger, jeopardize, or constitute
a hazard to the property or other improvements within the vicinity.
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
n
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,
as 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,
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 26th day of April, 2022.
ATTEST:
Rachel H. Richman, City Attorney
VA
i
Polly ayor
APPROVED AS TO FORM:
Ericka Hernan , CityClerk
Exhibits:
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
C. Conditions of Approval
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 April 12, 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 26th day
of April, 2022, by the following vote:
AYES: ARMENTA, CLARK, DANG, LOW, TANG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Ericka emandez, City Clerk
8
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EXHIBIT "B"
17.21.020 Garvey Avenue Specific Plan Land Uses and Permit Requirements.
Table 17.21.020.1, Uses in the Garvey Avenue Specific Plan District, identifies the uses allowed in each such
zoning district, and identifies the land use permits required, if any, to establish each use subject to section
17.08.050. Where the last column in Table 17.21.020.1 (Specific Use Regulations) includes a section reference
number, the regulations in the referenced section apply to the use in addition to those shown in Table
17.21.020.1.
Table 17.21.020.1
Uses in the Garvey Avenue Specific Plan District
- ✓ �Iggg
MEMO
P Permitted Use Conditional
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
— Use Not Permitted
TUP Temporary Use
Residential
Single -Family Dwellings
—
P
—
—
Two -Family Dwellings (Duplex)
—
P
—
—
Multi -Family Dwellings
—
P
—
—
Multi -Family Dwellings (as part of a
—
—
—
P
A mixed use project application
Mixed Use Project)
must be accompanied by an
economic feasibility study
prepared by a reputable economic
or marketing professional or firm.
Economic feasibility study's
findings must support the
proposed mixed use project, the
land use mix components of the
project, and the extent of the land
use. City of Rosemead staff will
evaluate and determine the
marketing professional/firm
credentials to prepare such study.
The Community Benefit Incentive is
not applicable to this economic
feasibility study.
Second Dwelling Unit (as defined
—
P
—
—
See RMC Section 17.30.190
by § 17.30.190)
(Second Dwelling Units)
Artist Live/Work Space
—
AUP
—
P
Single -Room Occupancy (as
—
CUP
—
CUP
See RMC Section 17.30.200 (Single
defined by § 17.30.200)
Room Occupancy)
Residential accessory uses and
—
P
—
P
See RMC Section 17.32 (Accessory
structures
Structures) and Section 17.12.030
Home Occupations, including
—
P
—
P
Cottage Food Operations
(Accessory)
Care Uses
Page 1 of 7
Transitional and Supportive
—
P
—
—
Housing
Child Care Home, Large Family (9
—
AUP
—
—
See RMC Section 17.30.160 (Large
to 14)
and Small Family Child Day Care
Home Facilities)
Child Care Home, Small Family (8 or
—
P
—
—
See RMC Section 17.30.160 (Large
fewer)
and Small Family Child Day Care
Home Facilities)
Residential Care Facilities (6 or
—
P
—
—
fewer)
Residential Care Facilities (7 or
—
CUP
—
—
more)
Public and Civic
Colleges and Universities
—
—
—
P
Cultural Institutions
CUP
CUP
CUP
CUP
Park and Recreation Facilities
P
P
P
P
For lighted facilities, see RMC
Section 17.68.060
Places of Religious Assembly
—
CUP
CUP
CUP
Public Utility Facilities
AUP
AUP
AUP
AUP
Telecommunication
CUP
CUP
CUP
CUP
Facilities/Wireless
Telecommunication Facilities
Educational Institution (Private)
—
CUP
CUP
CUP
Community Garden
P
P
P
P
Open Space, Public
P
—
—
—
Hiking Trails, Public
P
—
—
—
* Medical Office, and Office uses are prohibited on ground floors in the GSP-MU Zone. If permitted within the
zoning area, Medical Office and Office uses are permitted on upper floors.
Commercial
Animal Grooming Services
--
P
P
P
No overnight boarding of animals
allowed.
Veterinary
--
P
P
P
Drive -Through Businesses
--
--
AUP
--
See RMC Section 17.30.110
Eating and Drinking
--
P
P
P
Establishments: No
Alcohol Beverage Sales
Eating and Drinking
--
--
CUP
CUP
See RMC Section 17.30.040
Establishments: With "On Sale"
(Alcohol Beverage Sales)
ABC License
A sit-down restaurant with the
minimum requirement of 1,000
s.f. of floor area or larger is
permitted to serve beer/wine
with the approval of an AUP,
provided that a valid license from
the California Department of
Alcoholic Beverage Control is
obtained.
A regional or national chain
restaurant larger than 6,000 s.f. is
Page 2 of 7
Page 3 of 7
permitted to serve alcohol without
a CUP, provided that a valid license
from the California Department of
Alcoholic Beverage Control is
obtained.
Sidewalk Dining (accessory use to
--
P
P
P
1) Location Requirements:
eating and drinking
establishments)
(a) A sidewalk dining, where
permitted, may be
located on the public
right-of-way adjacent to
the restaurant serving the
sidewalk dining. Approval
for sidewalk dining may
be granted after review of
the application by
appropriate City
departments and
issuance of an
encroachment permit or
license agreement.
(b) All sidewalk dining shall
leave clear space for
pedestrian movement
between the outer edge
of the dining and the curb
line. Sidewalk dining
located at street
intersections shall
provide a 15' clear space
radial to the corner. If
pedestrian traffic is
especially heavy, the
Public Works Director
may require additional
clear space to ensure
adequate room for
pedestrian movements.
(c) No sidewalk dining shall
be located within 15' of a
bus stop or bus shelter.
2) Physical Design Requirements:
(a) All furnishings of
sidewalk dining
including, but not
limited to, tables, chairs
and decorative
accessories, shall be
Page 3 of 7
Page 4 of 7
readily movable.
(b) No part of sidewalk
dining may be
permanently attached
to public space. The
person to whom the
business license for the
dining is issued shall
repair any damage done
by the dining to public
property.
(c) When a sidewalk dining
or the adjacent
restaurant is occupied,
no exit door shall be
locked, bolted, or
otherwise fastened or
obstructed so that the
door cannot be opened
from the inside.
(d) Chairs and tables shall
be arranged so as to
provide for clear access
to an exit. No part of an
aisle shall be used in any
way that will obstruct its
use as an exit or that will
constitute a hazardous
condition.
(e) Sidewalk dining shall not
be arranged so as to
restrict the use of
emergency exits, fire
escapes on adjacent
buildings and access to
fire hydrants.
(f) Freestanding or table
mounted shade
umbrellas shall be kept
in good repair and may
be used only where
space permits.
(g) Freestanding heating or
misting equipment may
be used only where
space permits.
Page 4 of 7
Page 5 of 7
(h) Freestanding lamps are
not permitted. Flashing
or moving lights are not
permitted. Table
candles may be used.
Electric wiring shall not
be placed in pedestrian
areas.
(i) Awnings shall be kept in
good repair.
(j) Seating and accessories
and other components
of the sidewalk dining
shall be maintained in a
neat and safe manner.
(k) The height of a railing,
fence, or planter
(including plantings)
used to establish
boundaries of seating
areas shall be at least
24" in height but not
higher than 36".
Planters and/or
plantings shall be
maintained in a neat
and orderly manner,
and shall not encroach
past the approved
sidewalk dining area.
(1) Plank -style picnic tables
with bench seating are
not permitted.
3) Dining Operation
Requirements:
(a) Sidewalk dining shall be
operated and
maintained in
accordance with the
applicant's building
plans approved by the
Community
Development Director
and the Public Works
Director.
Page 5 of 7
Page 6 of 7
(b) The owner(s) shall be
responsible for the
removal of all
wrappings, litter, and
food, and shall provide
thorough and sanitary
cleaning for sidewalk
dining area and the
immediate
surroundings of such
area each day after
the eating and
drinking establishment
closes.
(c) Sidewalk dining shall not
operate earlier than
8:00 a.m. or later than
12:00 a.m. (midnight).
(d) If alcoholic beverages
are permitted in the
sidewalk dining area by
an Administrative Use
Permit (AUP) or
Conditional Use Permit
(CUP), a landscape
separation shall be
required to prevent the
passing and/or carrying
of alcoholic beverages
out of the sidewalk area
and signs noting such
requirement shall be
posted in conspicuous
locations.
Health/Fitness Club (Small)
--
P
P
P
Health/Fitness Club (Large)
--
AUP
AUP
AUP
Medical Office
Prohibited medical services:
--
--
P
P
extended care, specifically,
convalescent health or nursing
care; medical or custodial care
provided in cases of prolonged
illness or rehabilitation.
Office
--
P
P
P
Parking, Commercial (Non-
P
AUP
AUP
--
accessory)
Tour Bus Parking (Accessory - Hotel
Two parking spaces designed for
only)
--
--
--
P
and identified as "tour bus parking
only" are required to be provided
Page 6 of 7
Page 7 of 7
by a hotel facility in the GSP-MU
zone.
Personal Service (General and
--
P
P
P
Studio)
Repair Service (including bicycles,
--
P
P
P
excluding automotive)
Retail Sales (General)
Prohibited Retail Uses: building
--
P
P
P
materials and supplies sales,
firearms sales, liquor stores,
second hand stores, and pawn
stores.
Tutoring Services (Small)
--
P
P
P
Tutoring Services (Large)
--
AUP
AUP
AUP
Page 7 of 7
EXHIBIT "C"
SPECIFIC PLAN AMENDMENT 21-01 ZONE CHANGE 21-01
(ORDINANCE NO. 1008 AND RESOLUTION 2022-18)
7539 & 7545 GARVEY AVENUE
(APNS: 5286-022-009 AND 5286-022-010)
CONDITIONS OF APPROVAL
APRIL 12, 2022
Standard Conditions of Approvals
Specific Plan Amendment 21-01 and Zone Change 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 City Council 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 City Council approval date. For the purpose
of this petition, project commencement shall be defined as beginning the permitting process
with the Planning and Building Divisions, so long as the project is not abandoned. If Project
has been unused, abandoned, or discontinued for a period of one (1) year, it shall become null
and void.
7. The City Council hereby authorizes the Planning Division to make and/or approve minor
modifications to the project and to these conditions of approval.
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
2
devices, fire valves, A/C condensers, furnaces, and other equipment) shall be located away
from public view or adequately screened by landscaping or screening walls so as not to be
seen from the public right-of-way.
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
3
regularly inspected and cleaned, and maintained in a clean, safe, and sanitary condition.
25. All trash enclosures shall be designed to be an integral part of the overall project design, and
utilize complementary colors and materials. All trash enclosures shall have a solid roof cover
and doors shall be opaque, self-closing, and self -latching. Detailed elevations shall be
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. To deter vehicular traffic from entering into the residential neighborhood, a "left -turn only"
sign shall be posted at the project driveway exit. The City's Traffic Engineer shall determine
placement of such sign. In addition, the applicant shall work with the Public Works
Department to incorporate a physical or other deterrents on right -turn egress from the project
site, subject to approval by LA County Fire Department. (MODIFIED BY THE CITY
COUNCIL ON APRIL 12, 2022)
29. 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.
30. 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.
31. 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.
32. 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,
4
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.
33. 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.
34. Any exterior lighting shall be fully shielded and directed downwards as to not project over
the property lines of the subject site.
35. 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
proj ect.
36. 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.
37. 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.
38. 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 must include community benefit incentives exceeding 130 points to gain 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 and
5% increase in residential to make the split 70% residential to 30% commercial
d. Public Parking — 6 points
e. Sustainable Design (CAL -Green Tier 1) — 20 points or Alternative Energy — 30
Points (MODIFIED BY THE CITY COUNCIL ON APRIL 12, 2022)
Public Works Conditions of Approval
39. Copy all conditions of approval and the Planning decision letter onto all permit plan sets.
40. 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.
41. 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.
42. 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.
43. Dedicate street R/W to match the ultimate R/W condition, when applicable.
44. 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.
45. 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.
46. 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.
47. 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.
48. 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.
49. 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
Cei
City determined the application to be complete all to the satisfaction of the Public Works
Department.
50. Submit a LID plan and comply with all NPDES requirements.
51. 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.
52. Show clearly all existing lot lines and proposed lot line on the plans.
53. Provide a complete boundary and topographic survey.
54. Show any easement on the plans as applicable.
55. A Lot Merger or Covenant to Hold All Parcels as one shall be required, dependent on the City
Engineer's determination.
Traffic
56. Comply with all traffic requirements.
57. 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.
58. 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
59. If applicable, approval of this land division is contingent upon providing a separate sewer
lateral to serve each lot of the land division.
60. 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.
61. 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.
7
62. All existing laterals to be abandoned shall be capped at the public right of way to the
satisfaction of the City Engineer and the Building Official of the City of Rosemead.
Utilities
63. All power, telephone, cable television, and all utilities to the project and adjacent to the project
shall be underground.
64. Any utilities that conflict with the development shall be relocated at the developer's expense.
65. Provide a street lighting plan and parking lot lighting plan.
Water
66. 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.
67. Water hydrant, water meter box and utilities box shall be located 8 feet away from parkway
trees and 3 feet away from driveway approach.
68. 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
69. 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
70. Prior to the start and throughout project construction, the contractor shall implement and
maintain the following fugitive dust control measures:
a. Apply soil stabilizers or moisten inactive areas.
b. Water exposed surfaces as needed to avoid visible dust leaving the construction site
(typically 2-3 times/day).
c. Cover all stockpiles with tarps at the end of each day or as needed.
d. Provide water spray during loading and unloading of earthen materials.
e. Minimize in -out traffic from construction zone.
f. Cover all trucks hauling dirt, sand, or loose material and require all trucks to
maintain at least two feet of freeboard.
g. Sweep streets daily if visible soil material is carried out from the construction site.
71. 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
72. 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.
73. 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.
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74. The project developer shall retain a qualified professional archaeologist, who meets the U.S.
Secretary of the Interior's Professional Qualifications and Standards to conduct periodic
Archaeological Spot Checks beginning at depths below 2' feet to determine if construction
excavations have exposed or have a high probability to expose archaeological resources.
After the initial Archaeological Spot Check, further periodic checks shall be conducted at
the discretion of the qualified archaeologist. If the qualified archaeologist determines that
construction excavations have exposed or have a high probability to expose archaeological
artifacts construction monitoring for Archaeological Resources shall be required. The
project developer shall retain a qualified archaeological monitor, who will work under the
guidance and direction of a professional archaeologist, who meets the qualifications set
forth by the U.S. Secretary of the Interior's Professional Qualifications and Standards. The
archaeological monitor shall be present during all construction excavations (e.g., grading,
trenching, or clearing/grubbing) into non -fill younger Pleistocene alluvial sediments.
Multiple earth -moving construction activities may require multiple archaeological
monitors. The frequency of monitoring shall be based on the rate of excavation and grading
activities, proximity to known archaeological resources, the materials being excavated
(native versus artificial fill soils), and the depth of excavation, and if found, the abundance
and type of archaeological resources encountered. Full-time monitoring can be reduced to
part-time inspections if determined adequate by the project archaeologist.
75. 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
76. All construction equipment shall be equipped with mufflers and other suitable noise
attenuation devices (e.g., engine shields).
77. Grading and construction contractors shall use rubber -tired equipment rather than track
equipment, to the maximum extent feasible.
78. 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.
79. Electric air compressors and similar power tools rather than diesel equipment shall be used,
where feasible.
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80. Generators and stationary construction equipment shall be staged and located as far from
the adjacent residential structures as feasible.
81. 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.
82. 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.
83. Dozers shall not operate within 25 feet of the north property line.
Tribal Cultural Resources
84. 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.
85. Upon discovery of any Tribal Cultural Resources, construction activities shall cease in the
immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be
assessed. All Tribal Cultural Resources unearthed by project activities shall be evaluated by
the qualified archaeologist and Tribal monitor approved by the Consulting Tribe. If the
resources are Native American in origin, the Consulting Tribe shall retain it/them in the
form and/or manner the Tribe deems appropriate, for educational, cultural and/or historic
purposes. If human remains and/or grave goods are discovered or recognized at the project
site, all ground disturbance shall immediately cease, and the county coroner shall be notified
per Public Resources Code Section 5097.98, and Health & Safety Code Section 7050.5.
Human remains and grave/burial goods shall be treated alike per California Public
Resources Code section 5097.98(d)(1) and (2). Work may continue on other parts of the
project site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines
Section 15064.5[fJ). If a non -Native American resource is determined by the qualified
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archaeologist to constitute a "historical resource" or "unique archaeological resource," time
allotment and funding sufficient to allow for implementation of avoidance measures, or
appropriate mitigation, must be available. The treatment plan established for the resources
shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources
and PRC Sections 21083.2(b) for unique archaeological resources. Preservation in place
(i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible,
treatment may include implementation of archaeological data recovery excavations to
remove the resource along with subsequent laboratory processing and analysis. Any historic
archaeological material that is not Native American in origin shall be curated at a public,
non-profit institution with a research interest in the materials, such as the Natural History
Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to
accept the material. If no institution accepts the archaeological material, it shall be offered
to a local school or historical society in the area for educational purposes.
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