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CC - 2022-18 - Adopting the MND and Mitigation Monitoring and Reporting Program for Specific Plan Amendment 21-01 & Zone Change 21-01. The Subject Site is Located at 7539 & 7545 Garvey Avenue (APN Nos. 5286-022-009 & 5286-022-010)RESOLUTION NO. 2022-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR SPECIFIC PLAN AMENDMENT 21-01 AND ZONE CHANGE 21-01. THE SUBJECT SITE IS LOCATED AT 7539 & 7545 GARVEY AVENUE (APN NOS. 5286-022-009 AND 5286-022-010) 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 Mitigated Negative Declaration; and WHEREAS, the Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared and circulated for a 20 -day public review and comment period from February 16, 2022 to March 7, 2022 and was submitted to the State Clearinghouse (SCH Number 2022020365); and 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, on March 7, 2022, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative and made a finding of adequacy with the Mitigated Negative Declaration and Mitigation Monitoring Program and recommended that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring Program as the environmental clearance for Specific Plan Amendment 21-01 and Zone Change 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 Clork, spec=tying the availability of the application, plus the date, time, and location of the public hearing to consider the Mitigated Negative Declaration and Mitigation Monitoring Program as the environmental clearance for Specific Plan Amendment 21-01 and Zone Change 21-01; 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; and WHEREAS, the City Council held a duly noticed public hearing on April 12, 2022, to consider the Mitigated Negative Declaration and Mitigation Monitoring Program; and WHEREAS, the City Council fully studied the Mitigated Negative Declaration and Mitigation Monitoring Program and considered all public comments; and WHEREAS, the City Council, having final approval authority over this project, has reviewed and considered all comments received during the public review period prior to the approval of this project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS: 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 Specific Plan Amendment 21-01 and Zone Change 21-01 and to file the Notice of Determination for the project. SECTION 2. The Director of Community Development or his/her designee is directed to file the Notice of Determination for the project. SECTION 3. 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 12a' day of April, 2022. ATTEST: 12J94 � Rachel H. kichman, City Attorney � 4� Polly L ay r APPROVED AS TO FORM- = _ Ericka rnande , Cfiq,'1e 1c 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 nd 22 day of March, 2022, by the following vote, to wit: AYES: ARMENTA, DANG, LOW, TANG NOES: NONE ABSENT: NONE ABSTAIN: CLARK ___________________________________ Ericka Hernandez, City Clerk 3 Exhibits: A. Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program B. Conditions of Approval MITIGATED NEGATIVE DECLARATION PROSPECT VILLA MIXED-USE PROJECT SPECIFIC PLAN AMENDMENT 21-01, ZONE CHANGE 21-01 Lead Agency: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 (626)569-2140 Project Proponent: Del Mar Property, LLC 120 E. Valley Boulevard San Gabriel, CA 91776 (626)307-0062 Environmental Consultant: Phil Martin & Associates 1809 E. Dyer Road, Suite 301 Santa Ana, California 92705 (949) 454-1800 February 16, 2022 Environmental Checklist TABLE of CONTENTS SECTION For CEQA Com PAGE 1 Project Title............................................................................................................. 2. Lead Agency Name and Address............................................................................ 3. Contact Person and Phone Number........................................................................ 4. Project Location...................................................................................................... 5. Project Sponsor's Name and Address..................................................................... 6. General Plan Designation....................................................................................... 7 Zoning..................................................................................................................... 8. Description of Project........................................................................................... 9. Surrounding Land Uses and Setting..................................................................... 10. Other Public Agencies whose Approval Is Required ............................................. 11. Have California Native American tribes traditionally and culturally affiliated With the project area requested consultation pursuant to Public Resources Code Section 21080.3.1?..................................................................................... 12. Environmental Factors Potentially Affected.......................................................... 13. Determination....................................................................................................... 14. Issues.................................................................................................................. 15. Explanation of Issues........................................................................................... I. Aesthetics.................................................................................................... II. Agricultural Resources................................................................................. III. Air Quality.................................................................................................... IV. Biological Resources................................................................................... V. Cultural Resources...................................................................................... VI. Energy......................................................................................................... VII. Geology and Soils....................................................................................... VIII. Greenhouse Gas Emissions........................................................................ IX. Hazards and Hazardous Materials............................................................... X. Hydrology and Water Quality....................................................................... XI. Land Use..................................................................................................... XII. Mineral Resources....................................................................................... XIII. Noise........................................................................................................... XIV. Population and Housing ............................... XV. Public Services ............................................ XVI. Recreation ................................................... XVII. Transportation ............................................. XVIII.Tribal Cultural Resources ............................ XIX. Utilities and Service Systems ....................... XX. Wildfire........................................................ XXI. Mandatory Findings of Significance ............. ..1 .. 1 ..1 .. 1 ..1 ..1 ..1 ..1 12 12 ..12 ..16 ..16 ..18 .. 26 .. 26 .. 41 .. 42 .. 52 .. 53 .. 56 .. 58 .. 60 .. 62 .. 64 .. 69 .. 73 .. 74 .. 84 .. 85 .. 86 .. 86 .. 93 .. 95 .. 96 ................................................. 97 Appendices Appendix A - Air Quality/Greenhouse Gas Report Appendix B - Geotechnical Report Appendix C - Phase I Environmental Site Assessment Appendix D — Hydrology Report and Low Impact Calculations E 1../ Prospect Villa Mixed -Use Project Page i Mitigated Negative Declaration — February 16, 2022 Environmental Checklist . For CEQA Compliance • • Appendix E - Noise Report Appendix F - Traffic Report LIST of FIGURES Figure 1. Regional Map .................................................... 2. Local Vicinity Map ............................................. 3. Aerial Photo ...................................................... 4. USGS Topa Map ............................................... 5. Garvey Avenue Specific Plan Zoning Map ........ 6. Ground Floor Landscape Plan ........................... 7. Second - Fourth Courtyard Landscape Plans ... 8. Fifth - Seventh Floors Landscape Plans............ 9. Site Plan............................................................ 10. On -Site Land Use .............................................. 11. Surrounding Land Uses ..................................... 12. Photo Orientation Map ...................................... 13. Project Rendering ............................................. 14. North Building Elevation Rendering ................... 15. South and East Exterior Light Fixtures .............. 16. North and West Exterior Light Fixtures .............. 17. Noise Measurement Locations .......................... 18. Cumulative Project Location Map ...................... LIST of TABLES Table 1. Garvey Avenue Specific Plan Development Standards - Project Compliance... 2. Ambient Air Quality Standards.......................................................................... 3. Health Effects of Major Criteria Pollutants......................................................... 4. Air Quality Monitoring Summary (2017 -2020) .................................................... 5. SCAQMD Daily Emission Thresholds of Significance ........................................ 6. Construction Activity Equipment Fleet - Proposed Project ................................ 7. Construction Activity Emissions Maximum Daily Emissions (pounds/day)......... 8. LST and Project Emissions (pounds/day).......................................................... 9. Daily Operational Emissions (2023).................................................................. 10. Construction GHG Emissions (Metric Tons CO2e)............................................. 11. Annual Operations GHG Emissions (Metric Tons CO2e)................................... 12. Project Community Benefit Points..................................................................... 13. Rosemead Noise Ordinance Limits................................................................... 14. Short -Term Measured Noise Levels(dBA)........................................................ 15. Construction Equipment Noise Levels............................................................... 16. Construction Noise Exposure at Adjoining Sensitive Uses (dBA LEQ) .............. Paae 3 4 .8 .9 10 11 13 14 15 28 38 39 40 76 99 Page ..... 30 ..... 45 ..... 47 ..... 48 ..... 49 ..... 49 ..... 50 ..... 52 ..... 52 ..... 62 ..... 62 ..... 70 ..... 75 ..... 76 ..... 78 ..... 78 Prospect Villa Mixed -Use Project Page ii Mitigated Negative Declaration - February 16, 2022 Environmental Checklist For CEQA Compliance 17. Traffic and Associated Noise Levels for Existing and Future Time Frame...............80 18. Traffic Noise Impact Comparison............................................................................ 81 19. Human Response to Transient Vibration.................................................................82 20. FTA and Caltrans Guideline Vibration Damage Potential Threshold Criteria ........... 83 21. Estimated Vibration Levels During Project Construction .......................................... 83 22. Existing TAZ 2165-1 Garvey Avenue Specific Plan Trip Generation ........................ 87 23. TAZ 2165-1 Parcel Matrix....................................................................................... 88 24. Existing TAZ 2165-1 Garvey Avenue Specific Plan Trip Generation — Project APNs88 25. Project Trip Generation........................................................................................... 89 26. Project Trip Generation Comparison to Garvey Avenue Specific Plan TIA/EIR ....... 90 27. Estimated Project Water Consumption.................................................................... 95 28. Cumulative Projects................................................................................................ 98 E Prospect Villa Mixed -Use Project Page iii Mitigated Negative Declaration — February 16, 2022 • PLANNING DEPARTMENT Project Title: Prospect Villa Mixed -Use Project 2. Lead Agency Name and Address: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 (626) 569-2140 3. Contact Person and Phone Number: Lily Valenzuela, Planning & Economic Development Manager (626)569-2142 4. Project Location: The project is located in the City of Rosemead as shown in Figure 1, Regional Map. More specifically, the project is located at 7539 and 7545 Garvey Avenue (APN Nos. 5286-022-009 and 5286-022-010) as shown in Figure 2, Vicinity Map. An aerial photograph of the site and surrounding area is shown in Figure 3, Aerial Photo. Figure 4, Topography Map, that shows the topography on the site and surrounding areas. 5. Project Sponsor's Name and Address: Del Mar Property LLC 120 E. Valley Boulevard San Gabriel, CA 91776 (626)307-0062 6. General Plan Designation: The project site is designated Garvey Avenue Specific Plan (GSP) by the • Garvey Avenue Specific Plan. The project is requesting a specific plan amendment to Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU). 7. Zoning: The project site is zoned Garvey Avenue Specific Plan (GSP) as shown in Figure 5. The project is requesting a zone change to Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU). 8. Description of Project: The project site totals approximately 0.946 gross acres (41,235 square feet) and includes two parcels (APN Nos. 5286-022-009 and 5286-022-010). The site is currently vacant. The project proposes a seven -story, mixed-use development that totals 97,775 square feet. The project proposes 6,346 square feet of nonresidential 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, 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 project 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 project includes 17 two-bedroom live -work units, 34 two-bedroom apartments, 4 two-bedroom loft live -work units, 9 three-bedroom live -work units, 10 three-bedroom apartments and 1 four-bedroom apartment. The project proposes a total of 110,496 square feet of residential, commercial and access and hallway space on the 41,235 square foot site that results in a floor area ratio (FAR) of 2.7 compared to a maximum allowed FAR of 3.0 with the allowed provisions of community benefits by the Garvey Avenue Prospect Villa Mixed -Use Project Page 1 Mitigated Negative Declaration — February 16, 2022 =Phil Martin & Associates, Inc. PROSPECT VILLA I CITY OF ROSEMEAD tl6� {T 1 Manliore - r' S a:udma f Dank IV lhar<na gw'wPtl 4 r .e. Mle e]../'�i I na Fn: «nrcamn Doane aple Fact i r fSau sn. Mxina ly.-rn.,..,r• ��5m w PeSAdena ` Nanhraat� Twnpre Ciry ` I Lo An le 3 •' / k q Alhambra Ib O olv ,Baldwin C.o.lna o.�a r. t ,glWvrmead Perk ,5 LA rot 1 Monterey ell El 21M Wes ownT� -W— Lo ®�� e M more.,ru...,. ,eeernn Potee Site Lon �ntom' Montebello to P.W kviniva W..... Ilaaenda w South os ..` Heghls . I Huntington �co Pneia „nl 40ge'es Pad .11 Whm2r RowlandqoaMSouth Gale _\ / SwthamsF<Downey yn d Wlowhrw La Mirada LJ BI •`\. _ t Fu.Y� H W fir" ® GDMPIW `� Arewtrum � Il ` 1 1 _ 1 / i 1 I 1 / O i 1 i 0 Source: Phil Martin & Associates, Inc. N Figure 1 Regional Map m • =Phil Martin & Associates, Inc. PROSPECT VILLA I CITY OF ROSEMEAD z - • "'"` olney st _-San Bernardino Fury - COI �nbia Si I i j� Anson sl II Heilman Ave Hellman Ave 7 -Eleven F K _ > > C 2 n y n n Dorothy SL ° m Dwoihy sty n p' m m — E a n i ry EEmerson Ave 0 Emerson Pl Garvey Park N a WM1ltmoeC Sl 2—' V+numma 5: � y Monterey Palace Park S1 Project Ocean Plus Fish Market m QCVS qufo2one Auto Parts f ® n Q Garvi Site n GW Supermarket® £iiaoei nve y Egley Ave Nenmark Ave m y E Newmaek Ave m Fern Ave GARVEY Faun Ave Feme Al Garvatia Ave 3m _ o m 9 n m N 'n Gn g n D Highdiff m > ' K" r g, MaryvaleQ GravesA,, n\..rney D. Southern Q Gravesqve California Edison e °9w c w a Y > < ro "I SI m F Qa 'rfa 9 Rush SI Gush Mero s yl Teres � WalmartSupercenterQ 59 a v' asa xVar 4ia c� pP° Panda Express 4 Del Mar® Tegnerp — iillcrest School as„es, - cd D, A University PdPeS1 TozaiFoods9 yr�o' of the West 7 -Eleven 9 n ArmVC Dr e o Drxye, Ln P” o Resurrection as Catholic Cemetery© o-K�.., yes, DonBoscoO Technical institute gOo Encanto WalkQ s u c` f9►vehi,ae _ P �' '_ Kami Buffet & Grille Source: Google Maps Figure 2 Local Vicinity Map / / 0w \ ( O_ % j § \ a (L . 4 ,. :6■J AM \iL� j (\ \5E } jai \ § Z =1111m a \ . . �2 �¥ 7 A � ��■[ �=��5�` .»: �.�f i� �I « y c RIF 2 E =Phil Martin & Associates, Inc. PROSPECT VILLA I CITY OF ROSEMEAD Figure 4 USGS Topo Map 0 Q W W U) r' U- Q F- 0 U a J J_ F- L) U W M U) O w a ,A .SARA AVE WPUT Ar., ,E 1 ........... aSMj SOEPYAVF SMUMAYE PFWAVE L------------ � G. � t6 I.L O N C R a CL C0 m 3 c Q m m C) fAEIP6 LEAF AVE ....b MIBPAPAVf ; _ 41, PEAIOPAVF SiWPYPAE AR .� tA'dlp;r:a i' - _ fTUIrtU'19 'e D O w } W PEI IVif Att y� j •.• Pn �O 4. K tYRIN AVE" 1ME, f •' .SARA AVE WPUT Ar., ,E 1 ........... aSMj SOEPYAVF SMUMAYE PFWAVE L------------ � G. � t6 I.L O N C R a CL C0 m 3 c Q m m C) Specific Plan. The building footprints covers 32,672 square feet of the project site, or approximately 79.2 percent of the site. The project proposes 12,547 square feet of landscaping, or 30 percent of the site. The project landscaping includes drought tolerant shrubs and ground cover, accent street trees, accent benches, and decorative planter pots in a 5 -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 ground floor landscape plan is shown in Figure 6, the second through fourth courtyard landscape plans are shown in Figure 7 and the fifth through the seventh courtyard landscape plans are shown in Figure 8. The project proposes 147 parking spaces, including 110 standard spaces, 32 compact spaces, 4 handicap accessible spaces and 1 loading space. Of the 147 parking spaces, 42 parking spaces are proposed for the ground floor, 57 parking spaces are proposed for the second level and 48 parking spaces are proposed for the third level. The project proposes 3 more parking spaces for public parking than required by the Rosemead Municipal Code and consistent with the requirements of the community benefit program. The project also proposes 14 bicycles spaces. The height to the building to the top of the roof is 75'. The total height of the building, including the top of the parapet, is 80'-0". • There is one point of vehicular access to the site. A driveway that extends along the north project boundary would provide vehicular access from Prospect Avenue. The Prospect Avenue entry 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. The vehicular access driveway at Prospect Avenue is 26 - foot wide and open with no height restriction. However, there is a 12 -foot height restriction for access from the north site driveway into the ground floor parking. 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. The proposed site plan is shown in Figure 9. • Garvey Avenue Specific Plan Amendment The project also includes an 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 for beer/wine sales in the Garvey Avenue Specific Plan (GSP) and Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zones. This proposed Amendment would continue to require a Conditional Use Permit for all other on-site alcohol sales for sit-down restaurants less than 6,000 square feet. The Garvey Avenue Specific Plan requires a Conditional Use Permit (CUP) for the development of a sit- down restaurant in both the GSP and GSP-MU zones. The Garvey Avenue Specific Plan states that for eating and drinking establishments with "On -Sale" ABC license, "A regional or national chain restaurant larger than 6,000 square feet to serve alcohol without a CUP in the GSP-MU zone, provided that a valid Prospect Villa Mixed -Use Project Page 7 Mitigated Negative Declaration — February 16, 2022 �LL FL R }OU�o FLd U N Q 3wTgg �o 0 5� p � J e3 zm w y� L W L vv_9; 4 g4 EB i € i z L �� i § � sjz��4ii�3� ;3� g � �a • 4�3 (' 4 pS 6 s� e ■ MR € � I lit ■ as V — V 6p XiWI KYtl; � Th�tl31N110] lYLLN3d0b tl u � .. 3GY103 KO Z� i. Y a a • emN / § / 0 / 0 / O Ll « k v LU 0 w CL �A U) 2 j 0 0 =FEI / § ± / \ \ § > § ) w a ) � \FL 0 0 MFEI � LL .� � § - — �2� _ Al,iy \ \ § ) |]| i _ \ )` \FL 0 0 MFEI � LL .� � =Phil Martin &Associates, Inc. PROSPECT VILLA I CITY OF ROSEMEAD CANOPY �,pv, i, I - I 'EV LOW I 1 1, 1 BIKE STORAGE I v CIVU WALL �f SIC FIL�nON `ANES PLANTED (PLANTER, PER CML 6, -TE7 >-Ri 0, E'�S( EXIT tN ck� L UP �(KT, ROLL — - — - — — - — - — RETAIL ±6,346iSF Jlg <>E GE RE �ANT SECURED (N)(mUv :7 t V.X x ADA CUR RAMP (N) T�E L GARVEY AVE. 0 L-------------------------- T ---- ------------------------------------------------------- j 11 flu ]I 4 F- LJ SOCTUED 7-- 'T ENTRA.00MIT ROLLRESIDENTIAL CANOPY �,pv, i, I - I 'EV LOW I 1 1, 1 BIKE STORAGE I cn 0, tN ck� — - — - — — - — - — RETAIL ±6,346iSF Jlg <>E GE RE �ANT :7 t V.X x ADA CUR RAMP (N) T�E L GARVEY AVE. L-------------------------- T ---- ------------------------------------------------------- j Source. scale(s) lab architect Figure 9 0 Site Plan license from the California Department of Alcoholic Beverage Control (ABC) is obtained:" Rosemead Municipal Code (RMC) Section 17.04.050 (Definitions - General) defines a "Restaurant, Sit-down" 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 City recently adopted the Freeway Corridor Mixed -Use Overlay (FCMU)2 that encompasses six geographic areas within Rosemead. The areas total approximately 60 acres (186 parcels) and were selected based on proximity to the Interstate 10 (1-10) Freeway, location along primary City corridors, and adjacency to public transit lines. FCMU Overlay areas are located along Del Mar Avenue, San Gabriel Boulevard, Walnut Grove Avenue, Valley Boulevard, Temple City Boulevard, and Rosemead Boulevard. The FCMU Overlay identifies special provisions for land use, development standards, urban design, community benefits, and by -right uses, in addition to those in the existing underlying base zone, to support appropriate mixed-use and residential development. The FCMU Overlay also identifies public and private realm improvements that will further enhance the aesthetic and character of these areas. Similar to the Garvey Avenue Specific Plan, the FCMU Overlay requires a CUP for the development of an eating and drinking establishment with an "On -Sale" ABC license in both the FCMU-Corridor (FCMU- C) and FCMU-Block (FCMU-B) overlay zones. As shown in Table 2-1 Permitted Uses of the FCMU, "a sit-down restaurant larger than 1,000 square feet is permitted to serve beer/wine with an AUP (Administrative Use Permit), provided that a valid license from ABC is obtained. See RMC 17.30.040 for additional information related to alcohol beverage sales and RMC 17.04.050 for definition of a sit-down restaurant." To be consistent with the FCMU 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 the Amendment to allow a sit-down restaurant with beer/wine sales larger than 1,000 square feet, in the GSP and GSP-MU zones with an AUP. A sit-down 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. 9. Surrounding Land Uses and Setting: The land uses surrounding the project site include Prospect Avenue adjacent to and west of site and west of Prospect Avenue is a McDonald's restaurant, to the north are single-family and multi -family residential units, to the east is a restaurant and multi -family residential dwelling units and south of the site is Garvey Avenue and south of Garvey Avenue are commercial uses. Figure 10 shows photographs of the on-site land uses and Figure 11 shows photographs of the surrounding land uses. Figure 12 is a photo orientation map of the on-site and surrounding land uses. 10. Other Public Agencies Whose Approval is Required: The discretionary approvals required from the City of Rosemead include the following project approvals: Specific Plan Amendment (21-01) and Specific Plan Zone Change (21-02). No other public agency approvals are required. 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? Tribal letters were mailed by the City of Rosemead on September 21, 2021 to eight tribes and formally invited consultation with the ' Garvey Avenue Specific Plan, Figure 3.3 Land Use Table, Eating and Drinking Establishments: With "On Sale" ABC License, page 3- 11. rz City of Rosemead Resolution No. 2021-40, September 7, 2021. Prospect Villa Mixed -Use Project Page 12 Mitigated Negative Declaration — February 16, 2022 D Q W 5 W U) O ry LL O U Q J J F- U W CL N O w IL A CD U) c I-. A 0 w 7 - LU U) O ry LL O U Q J J_ H U W a N O it a N y ral MW W. c Q W W U) O x LL O U Q J J_ U W a N O CL �Y. r e I. dliri�i� a �„;;III1'eal. u s �4 • �t �K T r: i,.i T J 3u it nl - I 1, W • a y�Q , e 4} •a% LL c 1 T J 3u it e, City in compliance with 21080.3.1. To date the City has received a request from the Gabrielino Band of Mission Indians — Kizh Nation for consultation. The tribes that were contacted include: 1. Gabrielino Band of Mission Indians — Kizh Nation — Andrew Salas 2. Gabdeleno/Tongva Nation — Charles Alvares 3. Gabrieleno/Tongva Indians of California Tribal Council — Robert Dorame 4. Gabrielino-Tongva Nation — Sandonne Goad 5. Gabrielino-Tongva Nation — Sam Dunlap 6. Gabrielino-Tongva San Gabriel Band of Mission Indians — Anthony Morales 7. Soboba Band of Luiseno Indians — Joseph Ontiveros 8. Torres Martinez Desert Cahuilla Indians — Michael Mirelez Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2) Information may also be available from the California Native American Heritage Commission's Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3 (c) contains provisions spec to confidentiality. 12. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is "Potentially Significant Impact' as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture and Forestry H Air Quality Resources ❑ Biological Resources ❑ Cultural Resources ❑ Energy ❑ Geology/Soils ❑ Greenhouse Gas Emissions ❑ Hazards and Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation Q Transportation Q Tribal Cultural Resources i ❑ ❑ ❑ Mandatory Findings of Utilities/Service Systems Wildfire Significance 13. DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant impact on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. U Prospect Villa Mixed -Use Project Page 16 Mitigated Negative Declaration — February 16, 2022 • ❑ I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on an earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature: Evaluation of Environmental Impacts: Date 1. A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific • screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more 'Potentially Significant Impact' entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from `Potentially Significant Impact' to a "Less -than -significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state • whether such effects were addressed by mitigation measures based on the earlier analysis. Prospect Villa Mixed -Use Project Page 17 Mitigated Negative Declaration — February 16, 2022 c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. 14. ISSUES: II. AGRICULTURE and FORESTRY RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: • Prospect Villa Mixed -Use Project Page 18 Mitigated Negative Declaration — February 16, 2022 Potentially Potentially Significant Less Than Significant Unless Significant No Impact Impact Mitigation Impact Incorporated I. AESTHETICS: Except as provided in Public Resources Code Section 21099, would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? ❑ ❑ ❑ c) In non -urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? ❑ ❑ ® ❑ d) Create a new source of substantial light or glare that will adversely affect day or nighttime views in the area? ❑ ® ❑ ❑ II. AGRICULTURE and FORESTRY RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: • Prospect Villa Mixed -Use Project Page 18 Mitigated Negative Declaration — February 16, 2022 Prospect Villa Mixed -Use Project Page 19 Mitigated Negative Declaration — February 16, 2022 Potentially Potentially Significant Less Than Significant Unless Significant No Impact Impact Mitigation Impact Incorporated a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? ❑ ❑ ❑ b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ❑ ❑ ❑ c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? ❑ ❑ ❑ d) Result in the loss of forest land or conversion of forest land to non -forest use? ❑ ❑ ❑ e) Involve other changes in the existing environment, which due to their location or nature, could individually or cumulatively result in the loss of Farmland, to non-agricultural use or conversion of forest land to non -forest use? ❑ ❑ ❑ III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? ❑ ❑ ® ❑ b) Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non -attainment under an applicable federal or state ambient air quality standard? ❑ ❑ ® ❑ c) Expose sensitive receptors to substantial pollutant concentrations? ❑ ® ❑ ❑ d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? ❑ ❑ ® ❑ IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? ❑ ❑ ❑ b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, • regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? ❑ ❑ ❑ Prospect Villa Mixed -Use Project Page 19 Mitigated Negative Declaration — February 16, 2022 V. CULTURAL RESOURCES: Would the project: Potentially a) Cause a substantial adverse change in the Potentially Slgnifcant Significant Unless Less Than Significant No Impact significance of a historical resource pursuant to Impact Mitigation Impact §15064.5? ❑ ❑ Incorporated b) c) Have a substantial adverse effect on state or significance of a unique archaeological resource as federally protected wetlands (including, but not defined in §15064.5? limited to, marsh, vernal pool, coastal, etc.) through ® ❑ ❑ c) Disturb any human remains, including those interred direct removal, filing, hydrological interruption, or outside of formal cemeteries? other means? ❑ ❑ ❑ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ❑ ❑ ❑ e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? ❑ ❑ ❑ f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ❑ ❑ ❑ V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? ❑ ❑ ❑ b) Cause a substantial adverse change in the significance of a unique archaeological resource as defined in §15064.5? ❑ ® ❑ ❑ c) Disturb any human remains, including those interred outside of formal cemeteries? ❑ ❑ ❑ VI. ENERGY: Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? ❑ ❑ ® ❑ b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? ❑ ❑ ® ❑ VII. GEOLOGY AND SOILS: Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) ❑ ❑ ® ❑ ii. Strong seismic ground shaking? ❑ ❑ ® ❑ v Prospect Villa Mixed -Use Project Page 20 Mitigated Negative Declaration — February 16, 2022 • Create a significant hazard to the public or the Potentially Potentially Significant Less Than environment through the routine transport, use, or Significant Unless Significant No Impact disposal of hazardous materials? Impact Mitigation Impact ❑ b) Create a significant hazard to the public or the Incorporated iii. Seismic -related ground failure, including liquefaction? ❑ ❑ ® ❑ iv. Landslides? ❑ ❑ ❑ ❑ b) Result in substantial soil erosion or loss of topsoil? ❑ ❑ ® ❑ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site ❑ ❑ ❑ d) landslide, lateral spreading, subsidence, liquefaction or collapse? ❑ ❑ ® ❑ d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or ❑ ❑ ❑ • e) property? ❑ ❑ ® ❑ e) Have soils incapable of adequately supporting the ❑ ❑ ❑ use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? ❑ ❑ ❑ f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ❑ ❑ ❑ • VIII. GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? ❑ ❑ ® ❑ b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? ❑ ❑ ❑ IX. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ❑ ❑ ® ❑ b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ❑ ❑ ® ❑ c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? ❑ ❑ ❑ d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? ❑ ❑ ❑ • e) For a project located within an airport land use plan, or where such a plan has not been adopted, ❑ ❑ ❑ Prospect Villa Mixed -Use Project Page 21 Mitigated Negative Declaration — February 16, 2022 within two miles of a public airport, will the project result in a safety hazard or excessive noise for people working or residing in the project area? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? Potentially Potentially Significant Less Than Significant Unless Significant Impact Mitigation Impact Incorporated ❑ ❑ X. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces in a manner, which would: (i) result in substantial erosion or siltation on- or off- site; (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on -or off-site; (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or (iv) impede or redirect flood flows? d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? XI. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? b) Cause a significant environmental impact due to a conflict with any land use plan, policy or regulation adopted for the purpose of avoiding or mitigation an environmental effect? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ No Impact n El M ® ❑ ® ❑ ® ❑ ® ❑ ® ❑ ® ❑ ® ❑ El Z ® ❑ • Prospect Villa Mixed -Use Project Page 22 Mitigated Negative Declaration — February 16, 2022 XII. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ❑ ❑ ❑ b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? ❑ ❑ ❑ XIII. NOISE: Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ❑ ® ❑ ❑ b) Generation of excessive groundborne vibration or groundborne noise levels? ❑ ® ❑ ❑ c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport, will the project expose people residing or working in the project area to excessive noise levels? ❑ ❑ ❑ XIV. POPULATION AND HOUSING: Would the project: a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example through extension of roads or other infrastructure)? ❑ ❑ ® ❑ b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? ❑ ❑ ❑ XV. PUBLIC SERVICES: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ® ❑ Police protection? ❑ ❑ ® ❑ Schools? ❑ ❑ ® ❑ Parks? ❑ ❑ ® ❑ Other public facilities? ❑ ❑ ❑ XVI. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other • ❑ ❑ ® ❑ Prospect Villa Mixed -Use Project Page 23 Mitigated Negative Declaration — February 16, 2022 recreational facilities such that substantial physical deterioration of the facility would occur or be • accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? ❑ ❑ ® ❑ XVII. TRANSPORTATION: Would the project: a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? ❑ ❑ ® ❑ b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? ❑ ❑ ❑ c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ❑ ❑ ® ❑ d) Result in inadequate emergency access? ❑ ❑ ® ❑ XVIII.TRIBAL CULTURAL RESOURCES: a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of • the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i. Listed or eligible for listing in the California Register of Historical Resources, or in a local E] ® El E]register of historical resources as defined in Public Resources Code section 5020.1 (k), or ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in ❑ ® ❑ ❑ subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. XIX. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? ❑ ❑ ® ❑ • Prospect Villa Mixed -Use Project Page 24 Mitigated Negative Declaration — February 16, 2022 b) Have sufficient water supplies available to serve the a) Substantially impair an adopted emergency • project and reasonably foreseeable future response plan or emergency evacuation plan? ❑ ❑ development during normal, dry and multiple dry b) Due to slope, prevailing winds, and other factors, years? ❑ ❑ ® ❑ c) Result in a determination by the wastewater a wildfire or the uncontrolled spread of a wildfire? treatment provider, which serves or may serve the ❑ ® ❑ c) Require the installation or maintenance of • project that it has adequate capacity to serve the associated infrastructure (such as roads, fuel project's projected demand in addition to the breaks, emergency water sources, power lines or provider's existing commitments? ❑ ❑ ® ❑ d) Generate solid waste in excess of State or local environment? standards, or in excess of the capacity of local ❑ ❑ d) Expose people or structures to significant risks, infrastructure, or otherwise impair the attainment of including downslope or downstream flooding or solid waste reduction goals? ❑ ❑ ® ❑ e) Comply with federal, state and local management instability, or drainage changes? ❑ ❑ ❑ IK and reduction statues and regulations related to solid waste? ❑ ❑ ® ❑ XX. WILDFIRE —If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? ❑ ❑ ❑ b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? ❑ ❑ ® ❑ c) Require the installation or maintenance of • associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? ❑ ❑ ❑ d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result or runoff, post -fire slope instability, or drainage changes? ❑ ❑ ❑ IK XXI. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? ❑ ❑ ® ❑ Prospect Villa Mixed -Use Project Page 25 Mitigated Negative Declaration — February 16, 2022 b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable' means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) ❑ ❑ ® ❑ c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? ❑ ❑ ® ❑ 15. EXPLANATION OF ISSUES: I. AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? No Impact. The project site and the surrounding properties in the City of Rosemead are not designated as a scenic vista by the City of Rosemead General Plan. The most predominant scenic vista open to the Rosemead community is the San Gabriel Valley mountain range approximately 8 miles north of the city. There are no existing residences adjacent to the project that look across the project site to view the San Gabriel mountains. Therefore, the project would not block or interrupted any existing views of the San Gabriel mountains by any area residents. The closest residents that look across the site to the San Gabriel mountains to the north are the residents along both sides of Prospect Avenue south of Garvey Avenue and more than 250 feet south of the project site. While direct views of the San Gabriel mountains by the residents south of the site would be partially interrupted by the proposed mixed-use building, their views would not be completely blocked. The resident's south of Garvey Avenue would continue to have some distant views of the San Gabriel mountains to the north. There are no other scenic vistas or views that would be impacted by the project. The Garvey Avenue Corridor Specific Plan Environmental Impact Report did not identify any scenic resource impacts with the development of the Specific Plan.3 Therefore, the project would not have a significant scenic vista impact. b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are no Officially Designated or Eligible State Scenic Highways" and no scenic resources such as trees, rock outcroppings, or historic buildings within a state scenic highway either adjacent to or in direct view from the site that would be removed or altered by the project. The closest State Scenic Highway to the project is Route 2 near La Canada Flintridge and approximately 16 miles north of the project. The project would not impact a state scenic resource. c) In non -urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less Than Significant Impact. The project is located within an urbanized area.5 The project site is vacant and there are no existing buildings or other site improvements on the project site that would have to be demolished to allow construction of the project. The architecture of the proposed building is Modern style. New landscaping would be installed within the five-foot street set -backs along both the north side of Garvey Avenue and Garvey Avenue Corridor Specific Plan Draft Environmental Impact Report, Volume 1, May 2017, page 1-3. ° State of California Officially Designated State Scenic Highways, hftp://www.dot.ca.gov/hq/LandArch/scenichighways/ . e CEQA Guidelines §15387. Prospect Villa Mixed -Use Project Page 26 Mitigated Negative Declaration — February 16, 2022 • the east side of Prospect Avenue. Vines and other exterior building landscaping materials are proposed for the exterior walls along the north side of the building. The architectural design and character of the proposed mixed-use building includes building elevations that are detailed and articulated with projections and recesses to avoid long and plain surfaces. Building massing would be further minimized through the use of differentiated building materials, and colors and the incorporation of architectural features such as extended balconies with glass panels. A rendering of the proposed mixed-use building is shown in Figure 13. The design and Modern architecture of the proposed mixed-use building along with landscaped private open space would improve the aesthetics of the site for the existing residents north and east of the site as well as the commercial businesses adjacent to the site. The project would also improve the street views of the vacant site for motorists and pedestrians on both Prospect Avenue and Garvey Avenue by replacing the flat vacant site with a new Modern architectural mixed-use building and landscaping. Figure 13 is a rendering of the project from the intersection of Garvey Avenue and Prospect Avenue. The Garvey Avenue Specific Plan design and development guidelines and standards provide specific policies for how parcels and buildings shall be developed, such as setbacks and parking requirements, or height and density limits. They are intended to supplement the development standards in Rosemead's General Plan, as well as the design guidelines outlined in the Garvey Avenue Master Plan and in Rosemead's Mixed -Use Design Guidelines. These documents specifically addressed many design guidelines important to this Specific Plan, including but not limited to those that relate to the public realm and pedestrian environment, building and storefront design, parking, and utilities. The design standards and guidelines of the Garvey Avenue Specific Plan are largely consistent with those in the Garvey Avenue Master Plan and Rosemead's Mixed -Use Guidelines, and, likewise, largely share the same goals as those in the Garvey Avenue Master Plan and Rosemead's Mixed -Use Guidelines. 10 These goals include: Upgrading the image and appeal of Garvey Avenue as a safe, attractive, and high-quality commercial environment; a. Encouraging high quality infill and mixed-use redevelopment of vacant lots and underutilized properties to their highest and best use, whether commercial, residential, office, entertainment, or open space; b. Activating the street and enhancing the pedestrian environment and scale; c. Ensuring compatibility between adjacent uses, especially single-family residential and other mixed-use projects; d. Inviting and supporting transit and active transportation; e. Crafting parking requirements that balance parking needs with updated standards that give flexibility to developers, manage parking as efficiently as possible, and minimize the negative impacts of parking on the neighborhood; and f) Integrating high-quality landscape and streetscape design that is consistent throughout the corridor .6 As stated in the Garvey Avenue Specific Plan, design standards and guidelines should be used by landowners, developers, tenants, and their consultants, such as architects, who propose any alteration, addition, constructions and/or development projects within the Garvey Avenue Specific Plan area. City staff should use the Plan to review projects for: 1) compliance with the design standards, and 2) 6 Garvey Avenue Specific Plan, February 2018, page 3-16. Prospect Villa Mixed -Use Project Page 27 Mitigated Negative Declaration — February 16, 2022 C) Q W W O Of U- 0 I" U Q J J_ H U W a U) O w IL Mol ON . compliance with the intent of the design guidelines. Individuals and entities proposing projects within the Garvey Avenue Specific Plan area should review and understand these standards and guidelines before initiating the design and development process. To facilitate project approvals, questions regarding the design standards and guidelines, as well as other development -related questions, should be discussed with the Community Development Director or designee as early in the development process as possible. Individuals and entities proposing projects should use these design standards and guidelines at each project stage to shape concepts and designs to realize compatible architecture and urban design that meets City of Rosemead requirements and expectations. City staff and others use these standards and guidelines to understand proposed projects in relationship to approved objectives, goals, standards, and guidelines.' The Garvey Avenue Specific Plan Development Standards are provided in Table 3.4 of the Specific Plan. The proposed project meets and complies with all of the applicable development standards required for the development of a project in compliance with the Garvey Avenue Specific Plan, Incentivized Mixed - Use (GSP-MU) specific plan and zoning designation requested by the project applicant. Table 1 below shows the Garvey Avenue Specific Plan development standards and project compliance with the applicable development standards. As noted in Table 1, based on the site plan, building elevations and landscape plan, the project meets the intent of all applicable design goals of the Garvey Avenue Specific Plan. The project would not have any significant aesthetic impacts. d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? Potentially Significant Unless Mitigation Incorporated. 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. Therefore, light and glare from the existing development adjacent to and surrounding the site and headlights of motor vehicle traffic on Garvey Avenue and Prospect Avenue adjacent to the site currently exists in the project vicinity and light and glare from those land uses and motor vehicles currently extend onto the project site. • Light The project would generate new sources of light compared to the existing vacant site condition. 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. 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. Due to the 75' height of the building the light generated by the seven -story mixed-use building would be visible from areas surrounding the project compared to the existing vacant site condition. The light generated by the mixed-use building would be especially visible and noticeable to the existing residents adjacent to and north and northwest of the site. While the existing residents south and northeast of the site would see increased light from the site during the evening and nighttime hours compared to the existing condition, they are a minimum of 230 feet from the site. Therefore, the project lighting would not be as noticeable as the residents adjacent to and north and northwest of the site as the residents north and northwest of the site. While the light generated by the project compared to the existing condition would be visible to the residents adjacent to and north and northwest of the site, due to existing lighting in the immediate project area from existing commercial and residential uses, the lighting on the site is not anticipated to I Ibid, page 3-19. Prospect Villa Mixed -Use Project Page 29 Mitigated Negative Declaration — February 16, 2022 cz FE 3 / _ >/ )) f) _ `) ^ \E \ )® a /\ §3 w� \\\\ § /) f 2§ / G o o, ;Q COOL) L) 42 G ( k0&a $E �� ) { 2 ) co E E� E Ej k fR ) co m co k§EE �) f - ELO 0 {©_ ) §\/ )§ \ - CD ° c \k) )}� \/\E /� \ .B� / f _ -{ ]j 2j,w 2 k\� F- -6 a§ |-gym o \ )\ )!#) \ f )( E 0LO §\ EZ �a ea; m = #2 § *a \/(m) \}0 ( <=( ,00 a) § c )§\) \ I § :k 2 k g § \ E § § >f ) LLJ \ z a ) S * to co ..) \ ( ƒ § f R j ) _0 ®),($k <c 4d (D _ �z))f0 EE° - - ) \ /0 k\)7§ 5©. »07 o ekk) _ J�{§e - : EOCa) 4)§` !2 §§5]/ - f a) - - EEE A/ 22EE 'Q) } : ( § )/E \ ®(G/ :2 (D t { ) )j coI � � ƒ ) ) M O m Q. 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CL � 3c d O o- so cai U N N 6 m E J O Z d o � ° C a) _. o'_ E ° a o c U ao 0, E c U L w 0 N N C O m E O O O d C O C a a C 0, 0 O C O C N E-0� m � 0 E o a) a a O - .O Y m EO N y N a� O N U N-0 x O 19 oco n � CD CD co a- m O cU a �a)t0x -NOU mU o aa)i� m rUn a ;o J N a) Hcaac)m�x>(D o. O m U c a a) a) �a U N J a C y 0 a U N y p a) (p N =O is w m a) O N '� 1) C a) `c0 1] C N N > g NZ o aZ � j a7U d Z Z O �I N 1� z m 2 a) LL A al J a p LL ti N T C V T C N T C Ea Ea Ea N Unci Uaa)i Ud to CO cn E E O U p U a a � m m N m` p m ac J> o c y o 0 m° J E J E p ECL co c o.a o J Jam. N E ma c p c ° cco3�r`°i of f mO m m O O N� C N N U U @ >' 5 O app.— > J m M-0 o c 3 3 m J n p c p Yp c c maw— �>E m � ao 7n ap � o m _m L E U J CLa)3 a o E. �Q °w a>> N ° U J w M _ ca c O O c (A E fA N p C C O O a0 m 02 0 T id r Il .p-. p ° > C > — U a) 2 O d Co � A al J a p LL • significantly impact these residents because light currently exists in the area. The light in the immediate project vicinity associated with existing residential and commercial development would minimize the lighting impact of the project to existing residents. There would be an incremental increase in the amount of light on area roadways from the headlights of the motor vehicles generated by the project. Since all of the roadways that would serve project traffic, such as Garvey Avenue and Prospect Avenue, have nighttime lighting from existing motor vehicle traffic the nighttime lighting by project traffic would not be new or unique to the roadways. While the project would incrementally increase the amount of nighttime motor vehicle lighting on area roadways, the increase in motor vehicle lighting would not significantly impact the existing land uses adjacent to the roadways. Lights from the existing commercial uses adjacent to and within close proximity to the project, including the McDonald's restaurant west of the site and the commercial uses south and east of the site generate nighttime lighting that extends onto the project site. Therefore, the lighting that would be generated by the project would not be new or unique to the project vicinity. The project proposes to construct a six-foot decorative masonry wall along the north project boundary, which would prevent automobile lights entering and leaving the site from shining directly onto the residential units adjacent to and north of the site. Thus, the headlights of the cars leaving the ground level parking area of the building would not shine directly onto the residential units north of the site. Figure 14 shows landscaped walls that are proposed on the north side of the second and third floors of the mixed-use building. These landscaped walls would prevent headlights of cars on those floors from shining directly onto the residences north of the site. The headlights of cars exiting the site at the project driveway at Prospect Avenue would shine directly onto the McDonalds restaurant parking lot that is • adjacent to and west of Prospect Avenue. The headlights of cars exiting the project site onto Prospect Avenue would shine onto a commercial use and not existing residential development. City required parking lot lights, exterior safety and security lighting along with interior lighting of the residential units would be visible to adjacent residents north and northwest of the site. 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. The nighttime safety, security and aesthetic lighting associated with the project would be visible to the surrounding land uses closest to the project, including the light sensitive residents adjacent to and north of the site. While the interior and exterior lights of the proposed seven -story mixed-use building would be greater than the existing vacant site condition, there is lighting in the project vicinity that is generated by existing commercial development. Figures 15 and 16 show the proposed exterior light fixtures for the building. As shown, the light fixtures are located approximately 10 feet from the ground level along the north, west and south sides of the building. No light fixtures are proposed for the east side of the building that is adjacent to existing commercial uses. Therefore, the project would not generate new sources of lighting that do not already exist within the project area. Although the lighting generated by the project would be greater than the vacant site condition, the increased project lighting is not anticipated to be significantly greater than the intensity of the light of existing commercial development adjacent to and within the immediate vicinity of the project. 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. Prospect Villa Mixed -Use Project Page 37 Mitigated Negative Declaration — February 16, 2022 0 a W 7 - LU U) O ry LL O H U Q J J_ H U w a U) O w IL d m � IL r d LI Q W W NO�/ ry LL - 0 O F- U Q J J_ F- U W CL N O w a ZP; Mitigation Measure No.1 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: • Select lighting fixtures with more -precise optical control and/or different lighting distribution. • Relocate and/or change the height and/or orientation of proposed lighting fixtures. • Add external shielding and/or internal reflectors to fixtures. • Select lower -output lamp/lamp technologies • A combination of the above. Glare Glare from the windows and metal surfaces of the proposed mixed-use building could impact adjacent land uses that are glare -sensitive, especially the existing residences north of the project site. A six-foot decorative masonry wall is proposed along the entire length of the north project boundary and would block and eliminate ground level glare impacts to the residents north of the project. Glare from the live - work and apartment windows and metal building materials above the ground floor could extend to the resident's north of the project. However, none of the proposed project building designs and materials would prevent some glare by the project from extending to the existing residences north of the site. For the most part, the windows on the second through seventh floors could generate glare to existing land uses adjacent to and in close proximity to the site at specific times of the year when the sun angle would generate glare. The glass walls on the balconies on all sides of the building on the fourth through • seventh floors could also generate glare to existing land uses in close proximity of the project. While some of the windows of the live -work units and apartments are recessed into the building, glare could still be generated during specific periods of the day. Because the windows are recessed and somewhat set -back into the building to minimize the angle of the sun shining on the windows, glare from the windows to the residences north of the site and other surrounding areas would be minimal. The project would not generate glare to the residences north of the site during by the residential units on the north side of the building during the winter months when the sun is in the southern horizon. The glass of the store -fronts on the ground level along Prospect Avenue and Garvey Avenue could generate glare to pedestrians and motorists on the adjacent streets and commercial uses. However, due to the design of the building, including recessed store -fronts and awnings along the top of the storefronts, the glare from the stores on the ground level is not anticipated to significantly impact pedestrians, motorists or existing commercial uses adjacent to the site. While the project would increase the amount of light and glare that is generated from the site currently, the light and glare impacts to the existing residents north of the site, the pedestrians, motorists and commercial uses adjacent to and west, south and east of the site would be less than significant. AGRICULTURE AND FORESTRY RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. The project site is vacant. There are no agricultural uses either on or adjacent to the site. The site is designated "Area Not Mapped" by the State of California Department of Conservation as of 20168, which means the site has not been mapped for agricultural purposes by the California Department of Conservation Farmland Mapping and e https://maps.conservation.ca.gov/DLRP/CIFF/ Prospect Villa Mixed -Use Project Page 41 Mitigated Negative Declaration — February 16, 2022 Monitoring Program (FMMP). The project would not convert prime, unique, or farmland of statewide importance to non-agricultural use and impact farmland. • b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The project site is not in a Williamson Act contact. The existing Garvey Avenue Specific Plan zoning for the site does not allow agricultural use. The zoning for the properties adjacent to the site does not allow agricultural use on those properties. The project would not conflict with any existing agricultural use or existing Williamson Act contracts since there are no agricultural uses on or adjacent to the site. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. There are no timber or forests in the City of Rosemead. The existing Garvey Avenue Specific Plan zoning does not allow timber or forest production on the site and the project does not propose timberland production for the property. The project would not impact any forest or timber production since there is no forest or timber production on the site and the Garvey Avenue Specific Plan does not allow forest or timber production within the boundary of the Garvey Avenue Specific Plan. d) Result in the loss of forest land or conversion of forest land to non -forest use? No Impact. See Response to Section "ll.c" above. d) Involve other changes in the existing environment, which due to their location or nature, could individually or cumulatively result in the loss of Farmland, to non-agricultural use? No Impact. As discussed in Section "ll.a" above, the project would not result in the loss of any farmland, either individually or cumulatively and would not have any impact to farmland. III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than SignificanAD Impact. The U.S. Environmental Protection Agency (U.S. EPA) is the primary federal agency for regulating air quality. The EPA implements the provisions of the Federal Clean Air Act (FCAA). This Act establishes National Ambient Air Quality Standards (NAAQS) that are applicable nationwide. The EPA designates areas with pollutant concentrations that do not meet the NAAQS as non -attainment areas for each criteria pollutant. States are required by the FCAA to prepare State Implementation Plans (SIP) for designated non -attainment areas. The SIP is required to demonstrate how the areas would attain the NAAQS by the prescribed deadlines and what measures would be required to attain the standards. The EPA also oversees implementation of the prescribed measures. Areas that achieve the NAAQS after a non -attainment designation are redesignated as maintenance areas and must have approved Maintenance Plans to ensure continued attainment of the NAAQS. The California Clean Air Act (CCAA) required all air pollution control districts in the state to prepare plans to reduce pollutant concentrations exceeding the California Ambient Air Quality Standards (CAAQS) and ultimately achieve the CAAQS. The districts are required to review and revise these plans every three years. The South Coast Air Quality Management District (SCAQMD), in which the project is located, satisfies this requirement through the publication of an Air Quality Management Plan (AQMP). The AQMP is developed by SCAQMD and the Southern California Association of Governments (SCAG) in coordination with local governments and the private sector. The AQMP is incorporated into the SIP by the California Air Resources Board (GARB) to satisfy FCAA requirements discussed above. The CCAA requires plans to demonstrate attainment of the NAAQS for which an area is designated as nonattainment. Further, the CCAA requires SCAQMD to revise its plan to reduce pollutant concentrations exceeding the CAAQS every three years. In the South Coast Air Basin (SCAB), SCAQMD and SCAG, in coordination with local governments and the private sector, develop the AQMP for the air basin to Prospect Villa Mixed -Use Project Page 42 Mitigated Negative Declaration — February 16, 2022 • satisfy these requirements. The AQMP is the most important air management document for the basin because it provides the blueprint for meeting state and federal ambient air quality standards. On December 7, 2012, the 2012 AQMP was adopted by the SCAQMD Governing Board. The primary task of the 2012 AQMP is to bring the basin into attainment with federal health -based standards for unhealthful fine particulate matter (PM2.5) by 2014. The document states that to have any reasonable expectation of meeting the 2023 ozone deadline, the scope and pace of continued air quality improvement must greatly intensify. AQMPs are required to be updated every three years. The 2016 AQMP was adopted by the SCAQMD Board on March 3, 2017, and has been submitted to the California Air Resources Board for forwarding to the EPA. The 2016 AQMP acknowledges that motor vehicle emissions have been effectively controlled and that reductions in NOx, the continuing ozone problem pollutant, may need to come from major stationary sources (power plants, refineries, landfill flares, etc.). The current attainment deadlines for all federal non -attainment pollutants are now as follows: • 8 -hour ozone (70 ppb) Annual PM -2.5 (12 µg/m3) • 8 -hour ozone (75 ppb) 1 -hour ozone (120 ppb) • 24-hour PM -2.5 (35 µg/m3 2032 2025 2024 (old standard) 2023 (rescinded standard) 2019 The project does not directly relate to the AQMP in that there are no specific air quality programs or regulations governing mixed-use development projects. The conformity of a project with adopted plans, forecasts and programs relative to population, housing, employment and land use is the primary yardstick • by which the significance of a project impact of planned growth is determined. The SCAQMD, however, while acknowledging that the AQMP is a growth -accommodating document, does not favor designating regional impacts as less than significantjust because a proposed development is consistent with regional growth projections. The potential air quality impact significance of the proposed project is therefore analyzed on a project -specific basis. As shown in the analysis below, the specific project construction and operational emissions are less than significant and as a result, project emissions would not obstruct implementation of the SCAB 2016 Air Quality Management Plan. b) Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non -attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. Cumulative projects include local development as well as general growth within the project area. However, as with most development, the greatest source of emissions is from mobile sources, which travel well out of the local area. Therefore, from an air quality standpoint, the cumulative analysis would extend beyond any local projects and when wind patterns are considered, would cover an even larger area. The project is located within the SCAB and non -attainment for ozone and PMio particulate matter. Construction and operation of cumulative projects would further degrade the local air quality, as well as the air quality of the South Coast Air Basin. The greatest cumulative impact on the regional air quality is the incremental addition of pollutants mainly from increased traffic from residential, commercial, and industrial development and the use of heavy equipment and trucks associated with the construction of these projects. Air quality would be temporarily degraded during construction activities that occur separately or simultaneously. However, in accordance with the SCAQMD methodology, projects that do not exceed the SCAQMD criteria or can be mitigated to less than criteria levels are not significant and do not add to the overall cumulative impact. Prospect Villa Mixed -Use Project Page 43 Mitigated Negative Declaration — February 16, 2022 As stated in Section "Ill.c" below, based on the air quality report that was prepared for the project, the project would not generate any short- or long-term air emissions that exceed SCAQMD emission. thresholds. Therefore, the project would not have any significant cumulative criteria pollutant impacts. c) Expose sensitive receptors to substantial pollutant concentrations? Potentially Significant Unless Mitigation Incorporated. An air quality and greenhouse gas reports was prepared for the project and a copy is included in Appendix A of this MND. A sensitive receptor is a person in the population who is particularly susceptible to health effects due to exposure to an air contaminant. The closest sensitive receptors to the project site are the residents adjacent to and north of the site. The following are land uses (sensitive sites) where sensitive receptors are typically located: • Schools, playgrounds and childcare centers • Long-term health care facilities • Rehabilitation centers • Convalescent centers • Hospitals • Retirement homes • Residencest0 Criteria Pollutants, Health Effects, and Standards Under the Federal Clean Air Act (FCAA), the U.S. EPA has established National Ambient Air Quality Standards (NAAQS) for six major pollutants; ozone (03), respirable particulate matter (PM,o), fine particulate matter (PM2.5), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), and lead. These six air pollutants are referred to as the criteria pollutants. The NAAQS are two tiered: primary, to protect public health, and secondary, to prevent degradation to the environment (i.e., impairment of* visibility, damage to vegetation and property). Under the California Clean Air Act (CCAA), the California Air Resources Board has established California Ambient Air Quality Standards (CAAQS) to protect the health and welfare of Californians. State standards have been established for the six criteria pollutants as well as four additional pollutants; visibility reducing particles, sulfates, hydrogen sulfide, and vinyl chloride. Table 2 presents the state and national ambient air quality standards. Table 3 shows the health effects of the various pollutants. Monitored Air Quality Air quality at any site is dependent on the regional air quality and local pollutant sources. Regional air quality is determined by the release of pollutants throughout the air basin. Long term air quality monitoring is carried out by the South Coast Air Quality Management District (SCAQMD) at 38 air - monitoring areas with a designated ambient air monitoring station in most areas. Existing and probable future levels of air quality in Pomona can be best inferred from the ambient air quality measurements conducted by SCAQMD at its Pomona, Upland and Ontario (near Route 60) air monitoring stations. These stations measure both regional pollution levels such as ozone, carbon monoxide, nitrogen dioxide and PM -2.5 dust (particulates). Table 4 summarizes the last four years of monitoring data from a composite of these data resources. 9 Air Quality and GHG Analysis, Prospect Villa Mixed -Use Project, City of Rosemead, Ca, Giroux & Associates, October 12, 2021. 10 South Coast Air Quality Management District, Guidance Document for Addressing Air Quality Issues in General Plans and Loran Planning, Chapter 2, page 2-1. Prospect Villa Mixed -Use Project Page 44 Mitigated Negative Declaration — February 16, 2022 • Table 2 Ambient Air Quality Standards Ambient Air Quality Standards California Standards National Standards' Averaging Concentration'' Method' Primary" Secondary' Method' t Time t F/otr 0 OB ppn 1180 pDm' U F.WM — sew w lxbarmlal Ja plilprray Pnmry S1aMed PhM-, ey B Flota 0 070 ppm 1137 Mm', 0070 ppm 1137 pOm'l le EMatter(PM10� 24 Har 50 p9 �^ 150 � m Sarw Iw tW Sepwsb e Gravin»mc « Brra Axanuamn es Pnmey Sttnlded andavaneprt Ani 0)t Antro c6yan 20pgm' — 24 H�— — �1 Pwm Sever Pisy Serwd xwaal seyeraamane c M Matter atter Arrival 12 gym, 12.0 p1ym1 15 yp'm' Grrnralp Aflflf)fe Ardw O LWn Bela AlteaMopn 1 Har 20 ppm 123 mg'm') 35 ppm 40 mg m'1 — Carbon rd Oapa ,e Na�Di>persr .Hour 90 ppm 'tor gm'1 9pprn 110 mg m'1 — Monoxide w.i Phaon+wy IMrered Phot ry (CO) iNDIR1 iNDiR1 BHa 8ppm 11 mp— LMa Tehoei Nitrogen 1HM 0.18ppm,339p9m1 Phase 100 ppb, 188 ygm'� — Phase Dioxide ChwGat nh (NO,) n Annualchwnk�k*i Lean 0.030 ppm 157 p01n' 1 0053 ppm 1100 PO.' 1 Pm wy Standed I Har 0 25 ppm 1655 g m't 75 ppb 1196 pg m' — utaevwlet O.5 ppm Sulfur Dioxide 3Har uroa101.t _ 11300 pg'm'1 flourexencr. Speco 11 (So,),I Fluoraacann 0.11 ppm fl cPuaroaaname Hax 0 04 ppm 1105 N; m' Ifp urtrnexsi" — Method' pnapy 0030 PPM Arid9wOc L1een Ox Certain cress) ' — 30 Day Ararape 15pgm' — — HO 1C«tr, LBadnn calerde own« — Ae Abeprpbon1/w srrei - sewn se+ve"Atomic Pnry Sunded Abaapta-n Rot°p }Mone m A, ep Visibility Bete Atbnwbon end Reducing a Har Sw footnote 14 Traeenetenoe No Particles" l .ou9h Frher Tepe National Sulfates 24 Hou 25 peen' 1m Otwom+PQapy Hydrogen i Heu 0.03 ppm U2 N9.'� 'Ui ala Sulfide ""'or•fC°"C° Standards 34 Hour 001 ppm 126 pe m'1 CleaseP4ePM ChioNd't e See footnotes on next page ... Far more informulas plea•. rail ARB-PIO a (916,322 Me California Air RelourC" Board 134/161 Prospect Villa Mixed -Use Project Page 45 Mitigated Negative Declaration — February 16, 2022 I. California standards for ozone. carbon manoxide (except 8 -hour Lake Talhoei, sulfur dioxide (I and 24 hour). inroeaf dioxide. and paunodatc limner rP\i 10. PW 5. and visibility teducung parmicsi, are values chat are tot to be exceedcd All others are not to he equaled or exceeded Cahfomra anfbient air (pulin, standards are listed in the Table of Standards in Section -0200 of Title I- of the California Code of Regulations. 2_ National standards other than ozone. particulate nanet. and those based on arwual alb ncric near) ate not to be exceeded more film once a year. The ozone standard is attamed n4eu the fourth highest 8 -horn concentration measured at each site ma rear. averaged ova duce gems. is egail to or less dun the standard Fur Pk110. the 24 horn statuled is attawad schen the expected mmnba of days per calendar year with a 24-hour average concentwtim above 150 pg nn' ns cgtul to or Ins than one. Fon P\12 5. fine'' -4 hourstandard is attained when 98 percent of the daily concentrations, averaged ova duff teats, are alum to or less Than die standard. Contact the C S. EPA for further clarification and contrast national pcdiaes. ?. Concentration expressed fust in waits m winch it gas prmauleated. Equivalent units given in parentheses are based upon a reference munperanire of 25-C and a reference pucssure of 160 ton. Most mea>uvahents of air qualm are to be corrected to a tefetenxc temperature of 25'C and a reference presume of -60 ton. Qpnn un This table reliefs to ppm by volute. or nuaomoles of pollutant pet mole of eas. 4. .-Usy equivalent measurement nnelbod which can be shown to the satisfaction of the ARB to give equivalent results at or near the Incl of the an quality standard may be used. 5. National Pninuty Standards. The levels of all (puha ntcnsar'. with an adequate magma of safety to protect the public health. 6. Na0aul Secondary Standards: The levels of au quality uttessar to protea the public welfare from any k7owrt or anticipated adverse etTects of a pollutant Refacuce method as described by the C S EPA Atli -equivalent method" of measmcmrnt nay be used but must have a "consistent Telanondup to tlm lefac icc mctinod- and must be approved by the V S. EPA. 8 On October 1.2015. the national 8 -horn ozone primary and secondary standards were lowered from 0 015 to 0 070 Pent 9. On December 14. 2012. the nammal munul MC.' primary standard was lowered from 15 pgIstria 12.0 pit m'. The exishng national 24 - how P1,12 5 standards ipmray and secondary) were rcamed at 35 Itg: m'. as was the awual secondary standard of 15 Ing in'. The exnsmg 24 -low PA(IO standards (ptuaary and wcoudary) of 150 jig ter also were reamed The torn of the annual primary and secoudar• standards is the mall mew. aveneed over ? vears 10, To main the I -how rmnonat standard the ?-year average of the aortal 98th pacculdc of the I -born daily maxwhma coaawariun> at each sue must ant acecd 100 ppb Nom the the rational 1 -hour standard is in rats of pans per billion Ippb) California standards at of fans of pars per million (ppni). To directly compare the rational 1 -hour standard to the California standards the units can be convened Uom ppb to ppm. In this case. the national stauded of 100 ppb is identical to 0 100 ppm It On Ile 2.2010. a new 1 -how 50: standard vas established and the existing 24 -how and armual prinfary standards were revoked To main the I -hour national staifdand the? -year average of die arww11991h percentile of the 1 -how daily nmlxnnnm concentanwn at each sae most tat esettd 15 ppb The i 911 SOr rational standards (24 -how and :wntaD ramie m effect )mil one year after an area is deugrated for the 2010 sanded, except that in areas designated miunaumnem for the 1971 standards. the 1911 standards remain of cffect find ifpleneutauon plaits to anam lir tuaintafn the 2010 standards are approved Nom Ihnt the i •limy natimal stanidard h iu wits of pans pa btliou ippbr Califomna standards arc i toms o(pans pa rulhor IppuU To directly compare the 1 -how namit al standard to the California staudard the mus can be convened to ppm In this case. the national standard of 75 ppb is identical to 0.0'5 ppm. 12. The ARB has identified lead acrd vinyl chloride as toxic an cwtwwtwts with no tieshold level of expxswe for adverse health effects delmmned- Thew actions allow for the mrplemratauon of control nfcaswes at levels below the ambient coucentrations specified for these pollutants. B. The national standard for lead was revised on October 15. 2008 to a rollin= ?-annuli average. The 19"8 lead standard (1.5 pg In' as a quairtaly average) reanauss In effect will one year aft" area ns desn-tmated for the 2008 standard. except that in areas destvuted wmatiaminlrni for die 1918 standard 15 the 19standard nauams m effect mil Implementation plans to auam or mass am the 2008 standard are approved. 14 In 1982 the .A" convened both the geuaal sutewnde 10-mte nsfbtim suudaid and to Lake Talux ?0-anle visibility standard to insmunemal equivalents. which are "extinction of 0.2? per kilometer' and -extinction of On' per kiloineta' for the statewide and Lake Talar Air Basin standard,. respectively. For more hormtvamoa ptaaw tall ARB PIO at (916) 322-2990 California Air Resources Board (514116) Prospect Villa Mixed -Use Project Page 46 Mitigated Negative Declaration — February 16, 2022 E 0 E • • Table 3 Health Effects of Major Criteria Pollutants Pollutants Sources Primary Effects Carbon Monoxide • Incomplete combustion of fuels and other • Reduced tolerance for exercise. (CO) carbon -containing substances, such as motor . Impairment of mental function. exhaust. • Impairment of fetal development. • Natural events, such as decomposition of • Death at high levels of exposure. organic matter. • Aggravation of some heart diseases (angina). Nitrogen Dioxide . Motor vehicle exhaust. • Aggravation of respiratory illness. (NO2) • High temperature stationary combustion. • Reduced visibility. • Atmospheric reactions. • Reduced plant growth. • Formation of acid rain. Ozone • Atmospheric reaction of organic gases with • Aggravation of respiratory and cardiovascular (03) nitrogen oxides in sunlight. diseases. • Irritation of eyes. • Impairment of cardiopulmonary function. • Plant leaf injury. Lead (Pb) • Contaminated soil. • Impairment of blood function and nerve construction. • Behavioral and hearing problems in children. Respirable Particulate • Stationary combustion of solid fuels. • Reduced lung function. Matter (PM -10) • Construction activities. • Aggravation of the effects of gaseous pollutants. gg 9 • Industrial processes. • Aggravation of respiratory and cardio respiratory • Atmospheric chemical reactions. diseases. • Increased cough and chest discomfort. • Soiling. • • Reduced visibility. Fine Particulate Matter • Fuel combustion in motor vehicles, • Increases respiratory disease. (PM -2.5) equipment, and industrial sources. • Lung damage. • Residential and agricultural burning. • Cancer and premature death. • Industrial processes. . Reduces visibility and results in surface soiling. • Also, formed from photochemical reactions of other pollutants, including NOx, sulfur oxides, and organics. Sulfur Dioxide • Combustion of sulfur -containing fossil fuels. • Aggravation of respiratory diseases (asthma, (SO2) • Smelting of sulfur -bearing metal ores. emphysema). • Industrial processes. • Reduced lung function. • Irritation of eyes. • Reduced visibility. • Plant injury. • Deterioration of metals, textiles, leather, finishes, coatings, etc. Source: California Air Resources Board, 2002. Prospect Villa Mixed -Use Project Page 47 Mitigated Negative Declaration — February 16, 2022 Table 4 Air Quality Monitoring Summary (2017-2020) (Number of Days Standards Were Exceeded, and Maximum Levels During Such Violations) Pollutant/Standard 2017 2018 2019 2020 1 -Hour> 0.09 ppm S 7 3 5 20 8 -Hour> 0.07 pprn S 9 5 7 23 8- Hour > 0.075 ppm F 4 2 3 15 Max. 1 -Hour Conc. m 0.12 0.12 0.11 0.17 Max. 8 -Hour Conc. m 0.09 0.08 0.09 0.11 Carbon Monoxide 1 -Hour >20. pprn S 0 0 0 0 1 -Hour > 9. pprn S, F 0 0 0 0 Max 8 -Hour Conc. m 2.2 1.8 1.9 1.7 Nitrogen Dioxide 1-Hour>0.18 pprn S 0 0 0 0 Max. 1 -Hour Conc. m 0.07 0.08 0.06 0.07 Respirable Particulates PM -10 24 -Hour> 50 /ma S 6/55 10/60 4/61 8/43 24 -Hour> 150 /ma F 0/55 060 0/61 0/43 Max. 24 -Hr. Conc. /m3 83. 78. 82. 95. Fine Particulates PM -2.5 24 -Hour> 35 /m3 F 1/119 0/133 0/119 0/116 Max. 24 -Hr. Conc. /m3 49.5 35.4 29.6 35.4 S=State Standard, F=Federal Standard Source: South Coast AQMD - Pico Rivera Air Monitoring Station for Ozone, CO2, NOx and PM -2.5, Azusa Air Monitoring Station for PM -10. data: v .arb.ca.gov/adam/ The following conclusions can be drawn from the data in Table 4: to Photochemical smog (ozone) levels occasionally exceed air quality standards. The 8 -hour state ozone standard has been exceeded on nine percent of all days. The 1 -hour state standard as well as the 8 -hour federal standard have been exceeded approximately five percent of all days in the past four years. While ozone levels are still high, they are lower than 10 to 20 years ago. Attainment of all clean air standards in the project vicinity is not likely to occur soon, but the severity and frequency of violations is expected to continue to slowly decline during the current decade. Measurements of carbon monoxide have shown low baseline levels in comparison to the most stringent one- and eight-hour standards. Respirable dust (PM -10) levels exceed the state standard on approximately four percent of measurement days, but the less stringent federal PM -10 standard has not been violated once for the same time period. Year to year fluctuations of overall maximum 24-hour PM -10 levels seem to follow no discernable trend, though 2016 had the lowest maximum 24-hour concentration in recent history. A substantial fraction of PM -10 is comprised of ultra -small diameter particulates capable of being inhaled into deep lung tissue (PM -2.5). Both the frequency of violations of particulate standards, as well as high percentage of PM -2.5, are occasional air quality concerns in the project area. However, approximately two percent of all days exceeded the current national 24-hour standard of 35 ug/m3 from 2015-2018. Prospect Villa Mixed -Use Project Page 48 Mitigated Negative Declaration - February 16, 2022 • • • Air Emission Thresholds In the "1993 CEQA Air Quality Handbook", SCAQMD establishes significance thresholds to assess the impact of project related air pollutant emissions. These emissions and their thresholds are shown in Table 5. As shown, there are separate thresholds for short-term construction and long-term operational emissions. A project with daily emission rates below these thresholds is considered to have a less than significant effect on air quality. The thresholds shown below are used to evaluate the potential project air emission impacts of the project. Table 5 SCAQMD Daily Emissions Thresholds of Significance Pollutant Construction Operations ROG 75 55 NOx 100 55 CO 550 550 PM -10 150 150 PM -2.5 55 55 Sox 150 150 Lead 3 3 Source: SCAQMD CEQA Air Quality Handbook, November, 1993 Rev. Construction Emission Impacts Dust is typically the primary concern during construction of new buildings. Because such emissions are not amenable to collection and discharge through a controlled source they are called "fugitive emissions." Emission rates vary as a function of many parameters (soil silt, soil moisture, wind speed, area disturbed, number of vehicles, depth of disturbance or excavation, etc.). Because of the inherent uncertainty in the predictive factors for estimating fugitive dust generation, regulatory agencies typically use one universal "default" factor based on the area disturbed assuming that all other input parameters into emission rate prediction fall into midrange average values. CaIEEMod was developed operational emissions from annual average emissions emissions. by the SCAQMD to provide a model to calculate both construction and a variety of land use projects. It calculates both the daily maximum and for criteria pollutants as well as total or annual greenhouse gas (GHG) Estimated construction emissions were modeled using CaIEEMod2020.4.0 to identify maximum daily emissions for each pollutant during project construction using default construction equipment and a construction schedule for a project of the size proposed and shown in Table 6. Utilizing the equipment fleet in Table 6, the worst-case daily construction emissions were calculated and are shown in Table 7. Table 6 Construction Activity Equipment Fleet — Proposed Project Phase Name and Duration Equipment Grading including 1,220 cubic yards of import (5 days) 1 Grader 1 Dozer 1 Loader/Backhoe Prospect Villa Mixed -Use Project Page 49 Mitigated Negative Declaration — February 16, 2022 Construction (100 days) 1 Crane 2 Loader/Backhoes 2 Forklifts Paving (5 days) 1 Paver 4 Mixers 1 Loader/Backhoe 1 Roller Table 7 Construction Activity Emissions - Maximum Daily Emissions (pounds/day) Maximal Construction Emissions ROG NOx CO SO2 PM -10 PM -2.5 2022 Unmitigated 55.4 16.9 11.5 0.0 6.1 3.2 SCAQMD Thresholds 75 100 550 150 150 55 As shown in Table 7, the peak daily construction activity emissions are estimated to be below SCAQMD CEQA thresholds without the need for mitigation. The only model -based mitigation measure that was applied to the project was watering exposed dirt surfaces at least three times per day during grading to minimize the generation of fugitive dust as required by SCAQMD Rule 403. SCAQMD's Rule 403 • The project would be required to comply with SCAQMD rules to reduce fugitive dust emissions during project construction and the life of the project. Project compliance with Rule 403 is achieved through theAh application of standard best management practices during construction and operation activities, which include the application of water or chemical stabilizers to disturbed soils, manage haul road dust by the use of water, cover haul vehicles, restrict vehicle speeds on on-site unpaved roads to 15 mph, sweep loose dirt from paved site access roadways, stop construction activity when wind speeds exceed 25 mph and establish a permanent ground cover on finished areas. While construction activities are not anticipated to cause dust emissions to exceed SCAQMD CEQA thresholds, especially with compliance with Rule 403, the following mitigation measure is recommended for enhanced dust control because the air basin is non -attainment. Mitigation Measure No. 2 Prior to the start and throughout project construction, the contractor shall implement and maintain the following fugitive dust control measures: • Apply soil stabilizers or moisten inactive areas. • Water exposed surfaces as needed to avoid visible dust leaving the construction site (typically 2-3 times/day). • Cover all stockpiles with tarps at the end of each day or as needed. • Provide water spray during loading and unloading of earthen materials. • Minimize in -out traffic from construction zone. • Cover all trucks hauling dirt, sand, or loose material and require all trucks to maintain at least two feet of freeboard. • Sweep streets daily if visible soil material is carried out from the construction site. Prospect Villa Mixed -Use Project Page 50 Mitigated Negative Declaration — February 16, 2022 • Similarly, ozone precursor emissions (ROG and NOx) are calculated to be below SCAQMD thresholds. However, because of the regional non -attainment for photochemical smog, the use of reasonably available control measures to control diesel exhaust emissions is recommended. The following mitigation measure is recommended to control combustion emissions: Mitigation Measure No. 3 Throughout project construction the contractor shall: Utilize well -tuned off-road construction equipment. Establish a preference for contractors using Tier 3 or better heavy equipment. Enforce 5 -minute idling limits for both on -road trucks and off-road equipment. Construction -Related Toxic Air Contaminant Impacts The greatest potential for toxic air contaminant emissions from the project would be due to diesel particulate emissions due to the operation of heavy equipment operations during construction of the project. According to SCAQMD methodology, health effects from carcinogenic air toxics are described in terms of "individual cancer risk". "Individual Cancer Risk" is the likelihood that a person exposed to concentrations of toxic air contaminants over a 30 -year lifetime would contract cancer, based on the use of standard risk -assessment methodology. Given the relatively limited number of heavy-duty construction equipment and the short-term construction schedule, the project would not result in a long-term (i.e., 30 years) substantial source of toxic air contaminant emissions and corresponding individual cancer risk. Furthermore, construction -based particulate matter (PM) emissions (including diesel exhaust emissions) do not exceed local or regional thresholds. Therefore, no significant short-term toxic air contaminant . impacts would occur during project construction. Localized Significance Thresholds The SCAQMD developed analysis parameters to evaluate ambient air quality on a local level in addition to the more regional emissions -based thresholds of significance. These analysis elements are called Localized Significance Thresholds (LSTs). LSTs were developed in response to Governing Board's Environmental Justice Enhancement Initiative 1-4 and the LST methodology was provisionally adopted in October 2003 and formally approved by SCAQMD's Mobile Source Committee in February 2005. LST screening tables are available for 25, 50, 100, 200- and 500 -meter source -receptor distances. For the proposed project, there are residential uses adjacent to and north of the project site, approximately 130 feet northwest of the project, west of Prospect Avenue and residents approximately 230 feet south of the project, south of Garvey Avenue. The most conservative 25 -meter distance was modeled for the project associated with the residents adjacent to and north of the project. For the project, the primary source of potential LST impact would be during construction. LSTs are applicable for a sensitive receptor where it is possible that an individual could remain for 24 hours such as a residence, hospital or convalescent facility. LSTs are only applicable to the following criteria pollutants: oxides of nitrogen (NOx), carbon monoxide (CO), and particulate matter (PM -10 and PM -2.5) and represent the maximum emissions by a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard. The following LST thresholds and estimated emissions (pounds per day) are shown in Table 8 based on a disturbance of 1.0 acre per day. Prospect Villa Mixed -Use Project Page 51 Mitigated Negative Declaration — February 16, 2022 Table 8 LST and Project Emissions (pounds/day) LST 1.0 acres/25 meters O erational Emissions lbs/da South San Gabriel Valley CO NOx PM -10 PM -2.5 LST Threshold 673 83 5 4 Max. On -Site Emissions 7 12 5 3 As shown in Table 8, the project construction emissions are less than the LST emission thresholds. As a result, project construction emissions would be less than significant. Operational Emission Impacts The calculated operational emissions generated by the project based on CaIEEMod2020.4.0 are shown in Table 9. As shown, the operational emissions would not exceed SCAQMD operational emission thresholds of significance. The construction and long-term operational emissions by the project would be less than significant. Table 9 Daily Operational Emissions (2023) F • "no wood burning fireplaces -only natural gas Source: CalEEMod Output in Appendix d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less Than Significant Impact. The closest residents to the project are adjacent to and north of the site. In addition, there are existing residences approximately 130 feet northwest of the project, west of Prospect Avenue and 230 feet south of the site, south of Garvey Avenue. As shown in Table 7 above, the project would not exceed the threshold of any measured pollutant during project construction. Similarly, as shown in Table 8, the project would not exceed any measured pollutant during the operational life of the project. Depending on wind patterns, some diesel odors associated with the operation of construction equipment could extend to the residents north of the site during project construction. However, this condition would be temporary and short-term when larger diesel -powered construction equipment would be operating on the site, which would be during project grading. Once project grading is completed the use of diesel -powered equipment on the site would be minimal. Although there would be a potential for odors due to the operation of diesel -powered construction equipment to extend to the residents adjacent to and north of the site and possibly the residents that are approximately 130 feet northwest of the site, the project is not anticipated to generate any emissions or odors during either construction or the operational life of the project and significantly impact the residents adjacent to and north of the site. The project would not generate any objectionable odors and significantly impact any area sensitive receptors. IV. BIOLOGICAL RESOURCES: Would the project: a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies Prospect Villa Mixed -Use Project Page 52 Mitigated Negative Declaration — February 16, 2022 O erational Emissions lbs/da Source ROG NOx CO SO2 PM -10 PM -2.5 Area* 2.1 1.2 6.7 0.0 0.1 0.1 Energy 0.0 0.3 0.1 0.0 0.0 0.0 Mobile 2.0 2.2 21.3 0.0 5.0 1.3 Total 4.2 3.7 28.1 0.1 5.1 1.4 SCAQMD Threshold 55 55 550 150 150 55 Exceeds Threshold? No No No No No No F • "no wood burning fireplaces -only natural gas Source: CalEEMod Output in Appendix d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less Than Significant Impact. The closest residents to the project are adjacent to and north of the site. In addition, there are existing residences approximately 130 feet northwest of the project, west of Prospect Avenue and 230 feet south of the site, south of Garvey Avenue. As shown in Table 7 above, the project would not exceed the threshold of any measured pollutant during project construction. Similarly, as shown in Table 8, the project would not exceed any measured pollutant during the operational life of the project. Depending on wind patterns, some diesel odors associated with the operation of construction equipment could extend to the residents north of the site during project construction. However, this condition would be temporary and short-term when larger diesel -powered construction equipment would be operating on the site, which would be during project grading. Once project grading is completed the use of diesel -powered equipment on the site would be minimal. Although there would be a potential for odors due to the operation of diesel -powered construction equipment to extend to the residents adjacent to and north of the site and possibly the residents that are approximately 130 feet northwest of the site, the project is not anticipated to generate any emissions or odors during either construction or the operational life of the project and significantly impact the residents adjacent to and north of the site. The project would not generate any objectionable odors and significantly impact any area sensitive receptors. IV. BIOLOGICAL RESOURCES: Would the project: a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies Prospect Villa Mixed -Use Project Page 52 Mitigated Negative Declaration — February 16, 2022 • or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? No Impact. The project site is vacant. The on-site vegetation includes introduced urban landscaping including five palm trees along the project perimeter, non-native grasses throughout the site and a few shrubs. The existing on-site non-native landscaping is minimal and does not support any wildlife species, including special candidate, sensitive or special status animal species and none of the existing introduced non-native urban landscaping is a candidate for a sensitive or special status species. The project would not impact wildlife or wildlife habitat. b) Have substantial adverse impact on any riparian habitat or other natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? No Impact. The site was disturbed in the past with the development of a mobile home park and residential use that have been demolished. The project site has been vacant since 2012. There is no riparian habitat or other natural communities on the site. The existing land uses adjacent to the site include residential and commercial development and as a result there is no riparian habitat or other natural habitat communities adjacent to the project site. The project would not impact any riparian or other natural communities either on or adjacent to the site. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, riling, hydrological interruption, or other means? No Impact. Please see Section "IV.b" above. d) Interfere substantially with the movement of any native resident or migratory Fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. The project is located in an urbanized area surrounded by residential and commercial development. There is no habitat on the site that serves or could serve as a • migratory wildlife corridor or nursery site. The project would not impact or impede any wildlife corridors or wildlife nursery sites. e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact. There is a eucalyptus street tree along the Garvey Avenue street frontage adjacent to the site. There are no street trees along the project frontage on Prospect Avenue. There are no oak trees on or adjacent to the project site that would be removed by the project. Therefore, no oak trees would require protection or replacement in compliance with Rosemead Municipal Code Chapter 17.104 Oak Tree Preservation. The project would not have any oak tree or any other tree preservation impacts. The project would not impact any local policies that protect biological resources, including trees. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The City of Rosemead is not located within an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. The project would not conflict with and impact any habitat or natural community conservation plan. V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? No Impact. The site was previously developed with a mobile home park and residential use that have been demolished. The project site has been vacant since 2012. There are no historical resources on the site that would be impacted by the project. b) Cause a substantial adverse change in the significance of a unique archaeological resource as defined in §15064.5? Potentially Significant Unless Mitigation Incorporated. The site was disturbed Prospect Villa Mixed -Use Project Page 53 Mitigated Negative Declaration - February 16, 2022 in the past with the construction of a mobile home park and residential use that have been demolished. The project site has been vacant since 2012. • The project site is located in an urbanized area that has been disturbed associated with development activities on both the project site and the adjacent properties. Because the project site has been disturbed in the past with grading and construction of a mobile home park and residence that have been demolished, any cultural resources that may have existed near the surface have been previously unearthed or disturbed during the construction and demolition of the former uses. There are no records of any recorded archaeological resources either on or adjacent to the project site. Despite previous disturbances of the project site in the past that may have displaced archaeological resources on the surface, it is possible that intact archaeological resources could exist below the surface area of the site that was previously undisturbed during previous grading and building construction. As a result, Mitigation Measures No. 4 through 7 are recommended to reduce potentially significant archaeological and Tribal resource impacts to previously undiscovered resources that may be encountered during project grading and construction to less than significant. Mitigation Measure No. 4 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. Mitigation Measure No. 5 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. Mitigation Measure No. 6 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 Prospect Villa Mixed -Use Project Page 54 Mitigated Negative Declaration - February 16, 2022 0 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. Mitigation Measure No. 7 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. c) Disturb any human remains, including those interred outside of formal cemeteries? No Impact. The project site has not been used as a cemetery in the past. In addition, the site is not known to have been used for any activities that have resulted in human remains being present on the property. In the unlikely event that human remains are found during construction, those remains would require proper treatment, in accordance with applicable laws. State of California Health and Safety Code Section 7050.5-7055 describe the general provisions for human remains. Specifically, Health and Safety Code Section 7050.5 describes the requirements if any human remains are accidentally discovered during excavation of a site. As required by State law, the requirements and procedures set forth in Section 5097.98 of the California Public Resources Code would be implemented, including notification of the County Coroner, notification of the Native American Heritage Commission, and consultation with the individual identified by the Native American Heritage Commission to be the "most likely descendant." If human remains are found during excavation, the excavation must stop in the vicinity of the find and in any area that is reasonably suspected to contain remains adjacent to the find, until the County Coroner has been called, the remains have been investigated, and appropriate recommendations have been made for the treatment and disposition of the remains. Following compliance with State regulations, which detail the appropriate actions necessary in the event human remains are encountered, impacts in this regard would be considered less than significant. Prospect Villa Mixed -Use Project Page 55 Mitigated Negative Declaration — February 16, 2022 Compliance with Health and Safety Code Sections 7050.5-7055 and Public Resources Code Section 5097.98, related to protection of human remains, would reduce potential impacts associated with future development project proposals to a less than significant level. VI. ENERGY: Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less Than Significant Impact. Information found in this section, as well as other aspects of the project's energy implications, are discussed in greater detail elsewhere in this MND, including Section VIII (Greenhouse Gas Emissions) and Section XVII (Transportation) of this MND. Construction -Related Energy Consumption Construction equipment would be operated on the site for grading, construction of utilities, paving, and construction of the proposed seven -story mixed-use building. The types of construction equipment that would be operated on the site include graders, loaders/backhoes, dozers, air compressors, cranes, forklifts, generators, welders, mixers, rollers, trenchers and pavers. The majority of the equipment would likely be diesel -fueled; however, smaller equipment, such as air compressors and forklifts may be electric, gas, or natural gas -fueled. For the purposes of this assessment, it is assumed the construction equipment would be diesel -fueled, due to the speculative nature of specifying the amounts and types of non -diesel equipment that might be used, and the difficulties in calculating the energy, which would be consumed by this non -diesel equipment. The number of construction workers required to construct the project would vary based on the phase of construction and the activity taking place. The transportation fuel required by construction workers to travel to and from the site would depend on the total number of worker trips estimated for the duration of construction activity. A 2007 study by the California Department of Transportation (Caltrans) estimates• the statewide average fuel economy for all vehicle types (automobiles, trucks, and motorcycles) in the year 2020 is 18.78 miles per gallon." Assuming construction worker vehicles have an average fuel economy consistent with the Caltrans study and each construction worker commutes an average of 20 miles a day to and from the site, the maximum 25 workers on-site during each phase of project construction is estimated to consume approximately 27 gallons of gasoline a day. Assuming all 25 construction workers are employed at the site for a year (52 weeks), the fuel used by construction workers commuting to the site is approximately 173 barrels (6,922 gallons) of gasoline and represents less than 0.0005 percent of the statewide transportation gasoline consumption in 2017, which is the latest year that data is available.12 Construction equipment fuels (e.g., diesel, gasoline, natural gas) would be provided by local or regional suppliers and vendors. Electricity would be supplied by the local utility provider (e.g., Southern California Edison) via existing connections. A temporary water supply, primarily for fugitive dust suppression and street sweeping, would also be supplied by the local provider (e.g., San Gabriel Valley Water Company). Electricity used during construction to provide temporary power for lighting and electronic equipment (e.g., computers, etc.) inside temporary construction trailers and for outdoor lighting when necessary for general construction activity would generally not result in a substantial increase in on-site electricity use. Electricity use during construction would be variable depending on lighting needs and the use of electric - powered equipment and would be temporary for the duration of construction activities. Thus, electricity use during construction would generally be considered negligible. 11 2007 California Motor Vehicle Stock, Travel and Fuel Forecast, California Department of Transportation, Table 1, (2008). 12Califomia 2017 Transportation gasoline consumption — 366,820 barrels; https://www.eia.gov/state/sedslsep_fiel/html/pdf/fuel_mg Prospect Villa Mixed -Use Project Page 56 Mitigated Negative Declaration — February 16, 2022 • Energy Conservation: Regulatory Compliance The project would utilize construction contractors who demonstrate compliance with applicable CARB regulations governing the accelerated retrofitting, repowering, or replacement of heavy-duty diesel on - and off-road equipment. CARB has adopted an Airborne Toxic Control Measure to limit heavy-duty diesel motor vehicle idling in order to reduce public exposure to diesel particulate matter and other Toxic Air Contaminants (TACs). Compliance with the above anti -idling and emissions regulations would result in a more efficient use of construction -related energy and minimize or eliminate wasteful and unnecessary consumption of energy. With respect to solid waste, CALGreen requires 65% of most construction and demolition waste be diverted from a landfill. The project would generate various types of debris during construction. Republic Services is the contract solid waste hauler for the City of Rosemead and would serve the project. The solid waste from the project will be hauled to the Puente Hills Materials Recovery Facility (MRF) in the City of Whittier and operated by the Sanitation Districts of Los Angeles County. The MRF separates recyclable material from municipal solid waste and all residual waste is hauled to permitted landfills and all recovered recyclable materials are recycled in compliance with state law. Anticipated Energy Consumption The daily operation of the project would generate a demand for electricity, natural gas, and water supply, as well as generating wastewater requiring conveyance, treatment and disposal off-site, and solid waste requiring off-site disposal. Southern California Edison is the electrical purveyor in the City of Rosemead and would provide electricity to the project. The Southern California Gas Company is the natural gas purveyor in the City and would provide natural gas to the project. Energy Conservation: Regulatory Compliance The California Energy Commission (CEC) first adopted the Energy Efficiency Standards for Residential and Nonresidential Buildings (CCR, Title 24, Part 6) in 1978 in response to a legislative mandate to reduce energy consumption in the state. Part 11 of the Title 24 Building Standards Code is referred to as CALGreen. The purpose of CALGreen is to "improve public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a positive environmental impact and encouraging sustainable construction practices in the following categories: (1) Planning and design; (2) Energy efficiency; (3) Water efficiency and conservation; (4) Material conservation and resource efficiency; and (5) Environmental quality.1113 As of January 1, 2011, CALGreen is mandatory for the construction of all new buildings in the state. CALGreen establishes mandatory measures for new residential and non-residential buildings. Such mandatory measures include energy efficiency, water conservation, material conservation, planning and design and overall environmental quality.t4 CALGreen was most recently updated in 2016 to include new mandatory measures for residential as well as nonresidential uses; the new measures took effect on January 1, 2017.15 The project would be required by the City to comply with the applicable provisions of Title 24 and CALGreen. With respect to solid waste, the project is required to comply with applicable regulations, including those pertaining to waste reduction and recycling as required by the State of California. The waste hauler serving the project would divert project -generated municipal waste in accordance with applicable city ordinances. •13 California Building Standards Commission, 2016 California Green Building Standards Code, (2016). 14 Ibid. 15 Ibid. Prospect Villa Mixed -Use Project Page 57 Mitigated Negative Declaration — February 16, 2022 Energy Conservation: Project Design Features The project would be designed to include green building, energy saving, and water saving measures and other sustainability features. Consistent with the CALGreen, the project would be required to meet and comply with the residential mandatory measures that include water efficiency and conservation, material conservation and resource efficiency, environmental quality, etc. As such, the project would be designed to reduce wasteful, inefficient, and unnecessary consumption of energy. Estimated Energy Consumption The long-term operation of the project would result in transportation energy use primarily for residents that commute to and from their place of employment. Transportation fuels, primarily gasoline, would be provided by local or regional suppliers and vendors. As discussed previously, in 2017, California consumed a total of 366,820 thousand barrels of gasoline for transportation, which is part of the total annual consumption nationwide of 3,404,186 barrels by the transportation sector.78 Project -related vehicles would require a fraction of a percent of the total state's transportation fuel consumption. A 2008 study by Caltrans determined that the statewide average fuel economy for all vehicle types (automobiles, trucks, and motorcycles) in 2020 would be 18.78 miles per gallon." Alternative -Fueled Vehicles Alternative -fueled, electric, and hybrid vehicles could be used by some of the project residents, commercial space employees and customers. The use of these types of alternative fueled vehicles would reduce the overall consumption of gasoline by the project. The effect is anticipated to be minimal in today's current vehicle market due to the relatively few alternative vehicles that are in use. According to the Los Angeles Times, alternative -fueled vehicles make up approximately 2.3% of all vehicles registered in California." The above transportation fuel estimates for the project do not account for alternative - fueled, electric, and hybrid vehicles, which are more energy efficient vehicles. Thus, the assessment ist a conservative estimate of transportation fuel consumption. The project would not have any wasteful, inefficient or unnecessary consumption of energy resources during either the construction of the project or the life of the project because the project would be required to comply with all applicable state energy conservation measures. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less Than Significant Impact. The project would be required by the City to comply with all applicable CALGreen and Title 24 state energy requirements to minimize energy consumption. Therefore, the project would not conflict with or obstruct a state or local energy plan. The project would not significantly impact an energy plan. VII. GEOLOGY AND SOILS: Would the project: a) Director or indirectly cause substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special t6 U.S. Energy Information Administration, Table F3: Motor Gasoline Consumption, Price, and Expenditure Estimates, 2017, https:/Iwww.eia.gov/state/seds/sep fuel/IntmI/pdf/fuel_mg. pdf. 17 California Department of Transportation, 2008 California Motor Vehicle Stock, Travel and Fuel Forecast (June 2009). 18 Los Angeles Times, Electric, hybrid car sales up, California auto emissions down, May 22, 2014, http://www.latimes.com/business/autos/la-fi-hy-electdc-vehicle-sales-up-auto-emissions-down-20140521- story.htmi. Accessed August 2014. Prospect Villa Mixed -Use Project Page 58 Mitigated Negative Declaration — February 16, 2022 • Publication 42.) Less Than Significant Impact. A geotechnical report1s was prepared for the project and a copy is included in Appendix B of this MND. The project site is not located within a state -designated Alquist-Priolo Earthquake Fault Zone .20 Figure 5-3 of the City of Rosemead General Plan shows the project site is not located within an Alquist-Priolo Earthquake Fault Zone. Figure 5-4 of the City of Rosemead General Plan shows the project is not located in a Fault Hazard Management Zone. The nearest known active regional fault to the site is the Upper Elysian Park fault that is located approximately 1 mile southeast of the site. While there are faults in the region that could generate moderate to significant ground shaking at the site, the incorporation of the recommendations in section 6.0 of the geotechnical report regarding seismic design in compliance with the 2019 California Building Code (CBC) and all other local building codes would reduce potential fault impacts to less than significant. Strong seismic ground shaking? Less Than Significant Impact. Because the project site is located in Southern California and a seismically active area, there is the potential for strong ground motion at the site. The Upper Elysian Park fault is the closest known active fault to the site and approximately 1 mile southeast of the site. As with all projects in the City of Rosemead, the design and construction of the project and all site improvement must comply with the current 2019 CBC and all applicable local building codes. Project compliance with the 2019 CBC and applicable building codes would reduce potential strong ground shaking impacts to less than significant. iii. Seismic -related ground failure, including liquefaction? Less Than Significant Impact. Liquefaction is a phenomenon when loose, saturated, relatively cohesionless soil deposits lose their shear strength during strong ground motions. The primary factors controlling liquefaction include • intensity and duration of ground motion, gradation characteristics of the subsurface soils, in-situ stress conditions, and the depth to groundwater. Liquefaction is typified by a loss of shear strength in the liquefied layers due to rapid increases in pore water pressure generated by earthquake accelerations. Based on Figure 5-5 of the City of Rosemead General Plan the project site is not located within an area that is mapped as susceptible to an earthquake induced liquefaction. Because the project site is not located in an area that is susceptible to liquefaction, the soils report did not conduct a liquefaction study for the site.21 The project is not subject to liquefaction and the impact due to potential liquefaction impacts is less than significant. iv. Landslides? No Impact. The project site ranges in elevation from a high of 366 feet above mean sea level at the southeast corner of the site to a low of 364 feet at the northwest corner of the site, a difference of 2 feet. Thus, the project site is basically flat and the properties that are adjacent to the site are also basically flat. The project would not be impacted by landslides. b) Result in substantial soil erosion or loss of topsoil? Less Than Significant Impact. The City would require the grading and construction contractor to install and maintain all applicable City required short- term construction soil erosion control measures to reduce and minimize soil erosion impacts throughout project grading and construction. The contractor would be required to submit a Storm Water Pollution Prevention Plan (SWPPP) to identify all Best Management Practices (BMPs) that would be incorporated into the project prior to the start of grading and maintained to completion of all construction activities to reduce and minimize soil erosion. The City has standard soil erosion protection measures that the contractor would be required to install and maintain throughout grading and construction to minimize off - 19 Report of Geotechnical Engineering Investigation, Proposed Mixed Use Buildings and Associated Structures, APN 5286-022-009 & 010, 7539 & 7545 Garvey Avenue, Rosemead, County of Los Angeles, California, Environmental Geotechnology Laboratory, Inc., September 30, 2021 • 20 Ibid, page 3, Section 4.1 Seismicity. 21 [bid, page 3, Section 4.2 Seismic Inducted Hazards. Prospect Villa Mixed -Use Project Page 59 Mitigated Negative Declaration — February 16, 2022 site soil erosion. The requirement by the City for the contractor to incorporate all applicable mandated soil erosion control measures into project construction would minimize and reduce potential soil erosion • impacts to less than significant. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact. Based on the geotechnical report the proposed development of the project would not be significantly impacted by unstable soil due to an off- site landslide, lateral spreading, subsidence, liquefaction or soil collapse. All grading and construction would have to comply with all applicable requirements of the 2019 CBC and recommendations of the geotechnical report.22 d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less Than Significant Impact. The geotechnical report did not identify any expansive soils on the site. The project would not be significantly impacted by expansive soil. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? No Impact. The project would be required by the City to connect to and be served by the existing public wastewater collection system that is located in Garvey Avenue adjacent to and south of the site. The project developer proposes to connect to the existing public sewer system in Garvey Avenue adjacent to the site. The project would not have any septic tank or alternative wastewater disposal impacts. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact. The Rosemead General Plan does not identify the presence of any paleontological resources in the City. The site was disturbed previously with the construction of a mobile home park and residence and other site improvements that have been demolished and removed from the site. Because® the site is disturbed and paleontological resources are not known to exist in Rosemead, it is unlikely that paleontological resources would be uncovered during project construction. The geotechnical report did not identify any unique geologic features on the site that would potentially contain paleontological resource and impacted by the project. The project would not have any paleontological resource or geologic feature impacts. VIII. GREENHOUSE GAS EMISSIONS: Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact. A greenhouse gas report23 was prepared for the project and a copy is included in Appendix A of this MND. "Greenhouse gases" (so called because of their role in trapping heat near the surface of the earth) emitted by human activity are implicated in global climate change, commonly referred to as "global warming." Greenhouse gases contribute to an increase in the temperature of the earth's atmosphere by transparency to short wavelength visible sunlight, but near opacity to outgoing terrestrial long wavelength heat radiation in some parts of the infrared spectrum. The principal greenhouse gases (GHGs) are carbon dioxide, methane, nitrous oxide, ozone, and water vapor. For purposes of planning and regulation, Section 15364.5 of the California Code of Regulations defines GHGs to include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. Fossil 22 Report of Geotechnical Engineering Investigation, Proposed Mixed Use Buildings and Associated Structures, APN 5286-022-009 & 010, 7539 & 7545 Garvey Avenue, Rosemead, County of Los Angeles, California, Environmental Geotechnology Laboratory, Inc., September 30, 2021. zs Air Quality and GHG Analysis, Prospect Villa Mixed -Use Project, City of Rosemead, Ca, Giroux & Associates, October 12, 2021. f Prospect Villa Mixed -Use Project Page 60 Mitigated Negative Declaration — February 16, 2022 • fuel consumption in the transportation sector (on -road motor vehicles, off-highway mobile sources, and aircraft) is the single largest source of GHG emissions, accounting for approximately half of GHG emissions globally. Industrial and commercial sources are the second largest contributors of GHG emissions with about one-fourth of total emissions. California has passed several bills and the Governor has signed at least three executive orders regarding greenhouse gases. AB 32 is one of the most significant pieces of environmental legislation that California has adopted. The major components of AB 32 include: • Require the monitoring and reporting of GHG emissions beginning with sources or categories of sources that contribute the most to statewide emissions. • Requires immediate "early action" control programs on the most readily controlled GHG sources. • Mandates that by 2020, California's GHG emissions be reduced to 1990 levels. • Forces an overall reduction of GHG gases in California by 25-40%, from business as usual, to be achieved by 2020. • Must complement efforts to achieve and maintain federal and state ambient air quality standards and to reduce toxic air contaminants. Maximum GHG reductions are expected to derive from increased vehicle fuel efficiency, greater use of renewable energy, and increased structural energy efficiency. Additionally, through the California Climate Action Registry (CCAR or the Climate Action Reserve), general and industry -specific protocols for assessing and reporting GHG emissions have been developed. GHG sources are categorized into direct sources (i.e. company owned) and indirect sources (i.e. not company owned). Direct sources include combustion emissions from on -and off-road mobile sources, and fugitive emissions. Indirect sources include off-site electricity generation and non -company owned mobile sources. Thresholds of Significance Under CEQA, a project would have a potentially significant greenhouse gas impact if it: Generates GHG emissions, directly or indirectly, that may have a significant impact on the environment, or, Conflicts with an applicable plan, policy or regulation adopted to reduce GHG emissions. Emissions identification may be quantitative, qualitative or based on performance standards. CEQA guidelines allow the lead agency to "select the model or methodology it considers most appropriate." The most common practice for transportation/combustion GHG emissions quantification is to use a computer model such as CalEEMod, which was used for the GHG analysis for the proposed project. In September 2010, the SCAQMD Governing Board Working Group recommended a threshold of 3,000 MT CO2e for all land use types. The 3,000 MT/year CO2e threshold is used for the greenhouse gas emission analysis for the proposed mixed-use project. In the absence of an adopted numerical threshold of significance, project related GHG emissions in excess of the guideline level are presumed to trigger a requirement for enhanced GHG reduction at the project level. Methodology The CalEEMod Version 2020.4.0 software model was used to calculate the GHG emissions from all phases of the project for the year 2022, which is the scheduled date of project completion. The project's emissions were compared to the tier 3 SCAQMD draft screening threshold of 3,000 metric tons CO2e • per year for all land uses. Prospect Villa Mixed -Use Project Page 61 Mitigated Negative Declaration — February 16, 2022 Project Greenhouse Gas Emissions Construction Activity GHG Emissions During project construction, the CaIEEMod2020.4.0 computer model calculates that project construction activities would generate the annual CO2e emissions shown in Table 10. Table 10 Construction GHG Emissions (Metric Tons CO2e) CO2e Year 2022 133.4 Amortized 4.4 The SCAQMD GHG emission policy for construction activities amortizes emissions over a 30 -year lifetime. As shown, the amortized GHG emissions from the project construction activities are less than the 3,000 MT/year CO2e threshold and less than significant. Operational GHG Emissions The total operational emissions of the project are shown in Table 11. As shown, the total GHG operational emissions are below the guideline threshold of 3,000 MTY CO2e suggested by the SCAQMD. Table 11 Annual Operational GHG Emissions, MT CO2(e) tons/year Consumption Source MT CO2(e) tons/ ear Area Sources 17.6 Energy Utilization 176.4 Mobile Source 792.8 Solid Waste Generation 20.7 Water Consumption 26.4 Construction 4.4 Total 1,038.3 Guideline Threshold 3,000 0 b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? No Impact. The City of Rosemead has not adopted a Greenhouse Gas Reduction Plan. Therefore, the applicable GHG planning document that is applicable to the project is AB -32. As discussed in Section ' Vlll.a" above, the project would not have a significant increase in either construction or operational GHG emissions. The project generated GHG emissions are calculated to be 1,038.3 MTCO2(e) tons/year and below the SCAQMD 3,000 MTCO2(e) tons/year threshold. Therefore, the project would not conflict with any applicable plan, policy, or regulation to reduce GHG emissions. IX. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Impact. A Phase 124 Environmental Site Assessment (ESA) was prepared for the site. The Phase I ESA in included in Appendix C of this MND. 24 Phase I Environmental Assessment Report, 7539-7545 Garvey Avenue, Rosemead, CA, Orswell & Kasman, Inc., December 5, 2019, Prospect Villa Mixed -Use Project Page 62 Mitigated Negative Declaration — February 16, 2022 . The mixed-use project does not propose to transport, use, or dispose of any hazardous materials. The only hazardous materials that would be transported and stored on the site includes the temporary storage of hazardous materials for use by the construction contractors to operate and maintain the various types of motor -powered construction equipment that would be operated during project grading and construction. The types of hazardous materials that would be anticipated to be used on-site during construction includes diesel fuel, gasoline, lubricants, paints, solvents, etc. It would be the responsibility of the contractors to use and store all hazardous materials in compliance with applicable Federal, State, and local laws and regulations during project construction. The project residents and commercial uses would use standard cleaning materials to clean and maintain their residences and commercial space during the operational life of the project. Herbicides and pesticides may be used by the homeowner's association to maintain project landscaping. The transportation, use, and storage of all cleaning and maintenance hazardous materials in compliance with all applicable Federal, State, and local regulations would reduce the potential for significant impacts to less than significant. The project would not have any significant impacts associated with the transportation, use or storage of hazardous materials. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant Impact. Based on historical data at the Los Angeles County Assessor's office there was a mobile home/trailer park built on the property at 7539 Garvey Avenue in 1920. There was also a residence constructed on the property, however the County of Los Angeles Assessor office does not have a record of the date of its construction. The records at the County of Los Angeles Assessor office shows that a residence was constructed on the property at 7545 Garvey Avenue, but again no construction date. The residence at 7539 Garvey Avenue was demolished in January 2012 and the residence at 7545 was demolished in November 200625 Based on Los Angeles County data the site has been vacant since January 2012. • The various federal, state, county and local government records search that was conducted for the preparation of the Phase I ESA did not identify any existing or known hazardous materials or incidents associated with the project site including Superfund site, hazardous waste generators, CalSite facilities, landfills, hazardous deed restrictions, underground storage tanks, abandoned oil wells, or "hot spots" 26 The Phase I ESA did not find any evidence of building foundations, wastewater clarifiers, sumps, septic tanks, pits or underground storage tanks on the site during a site inspection. In addition, there were no signs of illegal dumping, distressed vegetation or obvious contamination observed on the site2' Based on the results of the Phase I ESA, there are no hazardous materials associated with the project site and no further environmental studies are required. There are no uses or activities associated with the long-term use of the site for mixed-use development that would create or release hazardous materials into the environment. The project would not have any significant hazardous material impacts. b) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. The closest school to the project site is Richard Garvey Intermediate School that is located at 2720 Jackson Avenue and approximately 0.05 miles (260 feet) southeast of the site. Ralph Waldo Emerson Elementary School is located at 7544 Emerson Place and approximately 0.12 miles (600 feet) north of the project. The third school within one-quarter mile of the project is Arlene Bitely Elementary school that is located at 7501 Fern Avenue and approximately 0.14 mile (730 feet) south of the project. The project does not propose 25 Phase I Environmental Assessment Report, 7539-7545 Garvey Avenue, Rosemead, CA, Orswell & Kasman, Inc., December 5, 2019, page 11. zs [bid, page 5. 27 Ibid, page 15. Prospect Villa Mixed -Use Project Page 63 Mitigated Negative Declaration — February 16, 2022 any use that would emit, generate or handle any hazardous or acutely hazardous materials or substances and impact any schools within one-quarter mile of the project. 0 d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? No Impact. Based on the Phase I ESA the project site is not listed as a hazardous material site on the "Cortese" list pursuant to Government Code Section 65962.5.28 The project would not have a hazardous impact to the public or environment per Government Code Section 65962.5. e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport, would the project result in a safety hazard or excessive noise for people working or residing in the project area? No Impact. The closest airport to the project is San Gabriel Valley Airport, which is approximately 5 miles northeast of the project. The project would not impact airport operations at San Gabriel Valley Airport or result in any safety hazards for project guests and employees. The operations at the San Gabriel Valley Airport would not have any safety or noise impacts to the project guests and employees. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant Impact. All of the proposed project improvements are located on private property. The project would not interfere with or impact any designated evacuation routes in Rosemead, including Garvey Avenue and Prospect Avenue adjacent to the site. The project driveway is at Prospect Avenue and designed to allow adequate ingress/egress to the site to minimize any potential impact to the use of Prospect Avenue as an emergency evacuation route. The project would not significantly impact any emergency evacuation routes in the City. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? No Impact. There are no State of California designated wildland fire, areas in Rosemead. See section XX Wildfire for further wildland fire analysis. The project would not be exposed to or be impacted by a wildland fire. X. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. A Preliminary Hydrology Report29 and a Preliminary Low Impact Development Plan 30 were prepared for the project and a copy of each report is included in Appendix D of this MND. During project grading and construction, silt could be generated from the site, especially if construction occurs during the winter months from October to April when rainfall typically occurs. The City would require the project contractor to prepare a Storm Water Pollution Prevention Plan (SWPPP) in accordance with California State Water Resources Control Board (State Water Board), Order No. 99-08- DWO, Los Angeles County MS4 Permit Order No. R4-2021-0105 and National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS004004 (Permit). The SWPPP would require the contractor to implement Best Available Technology Economically Achievable measures to reduce and eliminate storm water pollution from all construction activity through the implementation of Best Management Practices (BMPs). The purpose of the SWPPP is to identify pollutant sources that may affect the quality of the storm water that would be discharged from the site during all construction activity. 29 I Phase I Environmental Assessment Report, 7539-7545 Garvey Avenue, Rosemead, CA, Orswell & Kasman, Inc., December 5, 2019, page 7. 29 Preliminary Hydrology Report, 7539 Garvey Ave., Rosemead, CA 91770, Tritech Engineering Associates, January 6, 2022. 30 Preliminary Low Impact Development Plan, 7539 Garvey Ave., Rosemead, CA 91770, Tritech Engineering Associates, January 6, 2022. Prospect Villa Mixed -Use Project Page 64 Mitigated Negative Declaration — February 16, 2022 • The SWPPP would require the contractor to identify, construct, and implement the storm water pollution prevention measures and BMPs necessary to reduce pollutants that are present in the storm water that is discharged from the site during construction. The SWPPP would include specific BMPs that must be installed and implemented prior to the start of site clearance, grading, and construction. The installation and maintenance of all required BMPs by the contractor during construction would reduce potential water quality impacts to less than significant. The project developer must comply with the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) requirements of a Municipal Separate Storm Sewer (MS4) Plan (MS4 Permit Order No. R4-2021-0105). A MS4 plan would identify, at a minimum, the details to implement the Best Management Practices (BMPs) that would reduce the project's Stormwater Quality Design Volume (SWQDV) defined as the runoff from the 85th percentile, 24-hour rain event, as determined from the Los Angeles County 851 Percentile Precipitation Isohyetal Map (http://dpw.lacounty.gov/wrd/hydrologvgiSD. The Los Angeles County MS4 Permit requires the implementation of low impact development (LID) BMPs in addition to site design and source control measures. LID BMPs are engineered facilities that are designed to retain or biotreat runoff on the project site. All designated projects must detain the water quality volume on-site through infiltration, evapotranspiration, storm water runoff harvest and use, or a combination thereof unless it is demonstrated that it is technically infeasible to do so 31 The clay material on the project site does not feasibly allow on-site percolation of rainfall. Therefore, the project site is 100 percent impermeable 32 As a result, the project proposes to install a bio -filtration system in the driveway along the north project boundary to capture the stormwater that would be generated on the site. All on-site stormwater would be captured and discharged into a 377' long, 60" in diameter underground corrugated storage pipe that would be installed in the drive aisle along the north project boundary. Water in the corrugated pipe would be pumped to the bio -filter system along the north • project boundary where stormwater would be treated prior to its discharge into the public storm drain system in Prospect Avenue. The capacity of the proposed stormwater collection and bio -filtration system is based on the Los Angeles County 8591 percentile, 24-hour storm event conditions. The installation of and the regular maintenance of the required SWPPP and the proposed on-site bio -filtration system would reduce storm water runoff pollutants generated from the project site during both project construction and the life of the project to less than significant. The project developer would also be required to have a SUSMP approved by City staff prior to the issuance of a grading permit. The purpose of the SUSMP is to identify the BMPs that would be used on- site to control project generated pollutants from entering the storm water runoff generated from the site. The SUSMP includes measures that would be included in the project to maximize the use of pervious materials throughout the site to allow storm water percolation and pollutant filtration with the use of a retention/detention basin, storm water clarifier, and catch basins with BMPs. The installation and regular maintenance of the State required SWPPP and SUSMP would reduce the potential impacts from storm water runoff pollutants generated from the site during both project construction and the ongoing operation of the project to less than significant. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin. Less Than Significant Impact. The project would be required by SCAQMD Rule 403 to reduce particulate dust during any man-made condition. In this case, Rule 403 would require the project developer to control fugitive dust during active operations, including grading and construction. Water is primarily used for dust suppression during project grading and construction and would be provided by the Golden State Water Company. The amount of water that would be required to control dust during 31 https://www.waterboards.ca.gov/losangeles/water issues/programs/stormwater/municipal/la_ms4/2015/SWRCB_wgo2015_0075.pdf 32 Preliminary Low Impact Development Plan, Tritech Engineering Associates, Inc., January 6, 2022, page 2. Prospect Ulla Mixed -Use Project Page 65 Mitigated Negative Declaration — February 16, 2022 grading and construction would be minimal and would not significantly impact existing groundwater supplies due to the relatively small size of the project, which is approximately 0.946 acres. Due to the,& small size of the project site, the loss of approximately 0.946 acres of pervious area for stormwater percolation and groundwater recharge would not significantly interfere and substantially impact or impede sustainable groundwater management of the San Gabriel Valley Groundwater Basin. The project site is currently vacant and generates approximately 3.16 cubic feet per second (cfs) of surface water runoff during a 50 -year frequency storm event 33 Because the project site is entirely impermeable (100%), most of the existing surface water flows north to the north property line and then flows west to Prospect Avenue where it enters into a catch basin adjacent to the site. Once developed, the project is estimated to generate approximately 3.16 cfs of runoff during a 50 -year frequency storm event, the same as the existing condition. The project proposes to capture the on-site runoff from a 50 - year storm in a 377' long, 60" in diameter underground corrugated storage pipe that is proposed to be installed in the drive aisle along the north project boundary. Stormwater in the underground corrugated storage pipe would be pumped to the bio -filter system along the north project boundary and treated prior to its discharge into the public storm drain system in Prospect Avenue the same as the existing condition. Therefore, the project would not increase the rate of the surface water that would be discharged from the site during a storm compared to the existing condition. The project site receives its water supply from the Golden State Water Company and relies on three sources for its water supply, including local groundwater from the San Gabriel Valley Groundwater Basin, Upper San Gabriel Valley Municipal Water District and an emergency connection with the City of Monterey Park.34 Based on the South San Gabriel Service Area 2020 Urban Water Management Plan, Golden State Water Company has reliable supplies to meet its retail customer demand in normal, single dry years, and five consecutive dry year conditions through 204535 The Golden State Water Company can provide potable water to the project as stated by the following, "Upon completion of satisfactory financial arrangements under our rules and regulations on file with the California Public Utilities• Commission, the proposed water distribution system for the above referenced subdivision will be adequate during normal operating conditions for the water system of this subdivision as provided in Chapter 20.16 of Title 20 of the Los Angeles County (Water Code) and as shown on the plans and specifications approved by the Department of Public Works. This includes meeting minimum domestic flow requirements as provided by Section 20.16.070 and minimum fire flow and fire hydrant requirements as provided by Section 20.16.060."36 As discussed above, the project would increase the amount of stormwater that is generated from the project site compared to the existing condition. Similar to the existing conditions the increased project runoff would not percolate into the on-site soils. As discussed in Section "X.a" above, all on-site stormwater would be captured and discharged into a 377' long, 60" in diameter underground corrugated storage pipe that would be installed in the drive aisle along the north project boundary and pumped to the bio -filter system along the north project boundary where stormwater would be treated prior to its discharge into the public storm drain system in Prospect Avenue. Therefore, the project would not deplete or increase groundwater supplies. The project would have a less than significant impact on groundwater supplies. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner, which would: 33 Preliminary Hydrology Report, 7539 Garvey Ave., Rosemead, CA 91770, Tritech Engineering Associates, January 6, 2022, page 6. 34 South San Gabriel Service Area 2020 Urban Water Management Plan, July 16, 2021, page ES -2. 36 Ibid, page 5-5. 36 Golden State Water Company, Kyle Snay, Operations Engineer, letter dated October 14, 2021. 05 Prospect Villa Mixed -Use Project Page 66 Mitigated Negative Declaration — February 16, 2022 • i. Result in substantial erosion or siltation on or off site? Less Than Significant Impact. During project construction the exposed soil on the site would be subject to erosion both on and off the site during periods of rainfall. As discussed in Section "X.a" above, the project developer would be required to prepare a SWPPP and SUSMP and implement the BMPs of both plans to reduce and minimize soil erosion both on and off the site. The implementation of the applicable BMPs would reduce and minimize the amount of siltation generated from the site. Once the project is completed and operational all surface water runoff would be collected and discharged to an on-site bio -filtration system in the driveway along the north project boundary to capture the stormwater that would be generated on the site. All on-site stormwater would be captured and discharged into a 377' long, 60" in diameter underground corrugated storage pipe that would be installed in the drive aisle along the north project boundary. Therefore, the proposed bio -filter system would generate minimal off-site siltation once the project is completed. The installation of and the regular maintenance of all construction BMPs and the proposed on-site bio -filtration system in the driveway along the north project boundary in compliance with required SWPPP and NPDES permits would reduce and minimize both on and off-site siltation from the project site during both project construction and the life of the project to less than significant. The project would not have significant erosion or siltation impacts either on or off the site. H. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off site? Less Than Significant Impact. As discussed in Section "X.b" above, the project would maintain the same amount of runoff that is currently generated from the site and not increase surface water runoff greater than the existing condition. Therefore, the project would not have any significant on- or off-site flooding impacts. • iii. Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact. As stated in Section "X.b" above, the project would not increase the amount of storm water runoff that is currently generated from the site. The existing storm drain system in Prospect Avenue that would serve the project and the downstream storm water collection system has adequate capacity to serve the volume of stormwater from the project without significantly impacting the capacity of the existing storm water drainage system since the project would not increase the amount of stormwater generated from site compared to the existing condition. The proposed biofilter system would The project would not have any significant impact to the existing storm drain system that serves the site. The project would be required to treat surface water runoff prior to its discharge to meet Regional Water Quality Control Board water quality requirements and provide safeguards that surface water runoff would not provide sources of polluted runoff. As discussed in Section "X.a" above, the project would have to meet and comply with the MS4 permit requirements of the Los Angeles Water Board to remove and prevent most project generated pollutants from being discharge from the site. The installation and required routine maintenance of the proposed underground stormdrain collection and bio -filter system in compliance with the MS4 permit would treat, reduce and filter most project runoff pollutants before discharge to the public stormwater system. As a result, the project would not significantly impact surface water quality. iv. Impede or redirect flood flows? Less Than Significant Impact. The project would discharge project generated surface water into the curb and gutter in Prospect Avenue adjacent to and west of the site at the same location as currently discharged, which is upstream of an existing catch basin along the east side of Prospect Avenue. The existing catch basin in Prospect Avenue would receive 0 the same volume of stormwater runoff as the existing condition. Therefore, the existing catch basin Prospect Villa Mixed -Use Project Page 67 Mitigated Negative Declaration — February 16, 2022 has capacity to handle the stormwater flows from the project and the project would not significantly impede or redirect flood water flows. of d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation. No Impact. According to the Federal Emergency Management Agency (FEMA), the project site is located in Zone X37, which are areas of moderate or minimal hazard from flooding. In addition, Figure 5-6 of the Public Safety Element of the General Plan shows that the project is located in FEMA flood hazard zone "X" that is designated as areas of moderate or minimal hazard from flooding. The elevation of Alhambra Wash, which is approximately 0.42 miles (2,230 feet) east of the project and in a 100 -year flood zone is the closest potential source of floodwaters to the project. The elevation of Alhambra Wash is approximately 267feet above mean sea level and the elevation of the project site is 364 feet above mean sea level and approximately 164 feet higher than the Alhambra Wash channel east of the site. Therefore, the potential for flooding at the site from Alhambra Washi is minimal. The project is more than twenty-one miles northeast from the Pacific Ocean and approximately 364 feet above mean sea level. Due to the distance and the elevation of the project from the Pacific Ocean the project would not be exposed to or impacted by a tsunami. The project site and the area immediately surrounding the site are generally flat and there are no water bodies or water tanks adjacent to or in close proximity to the site that would impact the project due to a seiche. Because the project would not be impacted by a flood, tsunami or seiche, the project would not be impacted by a release of pollutants associated with a flood, tsunami or seiche. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Less Than Significant Impact. The project developer prepared a Preliminary Hydrology Study and Low Impact Development calculation report for the project and a copy of the report is included in Appendix D of this MND. The City would require the project developer to install and implement all proposed water quality collection and surface water runoff treatment measures listed in the report, including a bio -filtration system along the north project boundary. As a result, the project would not conflict with or obstruct water quality control measures mandated by the state. The Golden State Water Company provides potable water to the project site presently and would serve the proposed project. The Golden State Water Company has an adopted an Urban Water Management Plan (UWMP)38. The primary objective of the UWMP is to describe and evaluate sources of supply, reasonable and practical efficient uses, reclamation and demand management activities. In this case, the UWMP provides water supply planning to the year 2045 in five-year increments and identifies water supplies needs to meet existing and future demands. The Golden State Water Company, South San Gabriel relies on three sources for its water supply, including local groundwater from the San Gabriel Valley Groundwater Basin, Upper San Gabriel Valley Municipal Water District and an emergency connection with the City of Monterey Park 39 The future water demand for its service area is based on land use type, including single-family, commercial, institutional, industrial, etc. The UWMP also analyzed its future water supply based on the reliability of its existing sources of water including groundwater, water districts, recycling, etc. The UWMP states that based on projected water supply and demands over the next 20 years, the Golden State Water Company South San Gabriel Service Area has water supply capabilities that would be sufficient to meet expected demands through 2045 under single -dry -year and multiple -dry year conditions 40 Therefore, the project would not significantly impact future sources of water supply. As stated in Section "X.b)", Golden State Water can meet minimum domestic flow 37 https:/Imse.fema.gov/portal/search?AddressQuery=rosemead%2C%20california#searehresubanchor 3 South San Gabriel Service Area 2020 Urban Water Management Plan, July 16, 2021. 39 South San Gabriel Service Area 2020 Urban Water Management Plan, July 16, 2021, page ES -2. 40 Ibid, page 7-7. Prospect Villa Mixed -Use Project Page 68 Mitigated Negative Declaration — February 16, 2022 • requirements as provided by Section 20.16.070 and minimum fire flow and fire hydrant requirements as provided by Section 20.16.060."41 XI. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? No Impact. The project proposes to develop an infill site that is surrounded by established commercial use to the west, east and south and single-family detached residences to the north and multi -family to the east. The 0.946 gross acre site is vacant. The project site includes two separate parcels (APN Nos. 5286-022-009 and 5286-022-010) and would combine the two parcels into a single parcel. The proposed project would not physically divide the existing land uses that are adjacent to and surrounding the site. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact. The land use and zoning designations for the project site is Garvey Avenue Specific Plan. The project is requesting a specific plan amendment and zone change to Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU). Garvey Avenue Specific Plan The Garvey Avenue Specific Plan designates the project site as Garvey Avenue Specific Plan and allows neighborhood commercial use development. Thus, the proposed mixed use project is not an allowed use for the site based on the existing Garvey Avenue Specific Plan land use designation. Therefore, the project applicant is requesting a specific plan amendment to change the land use designation to Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU). The requested Garvey Avenue Specific Plan amendment would allow the proposed development of 75 residential units and 6,346 square feet of nonresidential use on the project. The requested GSP-MU land use designation is allowed for other parcels within the Garvey Avenue Specific Plan, including the area adjacent to and west of Prospect Avenue as shown in Figure 5. As shown, the existing land uses adjacent to the area that is designated for GSP-MU land use includes the same types of land uses that surround the proposed project site, which includes single-family detached and commercial development. None of the existing land uses that are adjacent to and surrounding the project site are unique to the site and would have any significant land use impacts greater than or different from the impacts associated with the development of mixed uses within other areas of the Garvey Avenue Specific Plan that are designated GSP-MU. As discussed in Section "I.d)" the project meets all of the applicable GSP-MU development standards of Table 3.4 of the Garvey Avenue Specific Plan, including minimum lot size, minimum lot width, mixed-use land use split, building height and form, building relationship to the street, specific plan standards, ground floor building design, setbacks for light, air and privacy, pedestrian -friendly auto circulation and access, and parking. Provision of Community Benefits The Garvey Avenue Specific Plan has provisions for Community Benefit Incentives. Community Benefit Incentives are provided to allow developer and property owners to increase the development potential if community benefits are identified as part of the development application, constructed as part of the project development, and operated in perpetuity. Restrictions and/or covenants are required to be 41 Golden State Water Company, Kyle Snay, Operations Engineer, letter dated October 14, 2021 Prospect Villa Mixed -Use Project Page 69 Mitigated Negative Declaration — February 16, 2022 recorded on the property to ensure the benefits or amenities provided to earn the Community Benefit Incentive are maintained in perpetuity.42 0 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 or FAR. The increase varies by zone and land use type .43 The project includes five Community Benefit Incentives with a total of 131 earned points as shown in Table 12. As shown, the 131 earned points allows the project a 3.0 FAR and a density of up to 80 dwelling units/acre compared to a 1.6 FAR and 25 dwelling units/acre, respectively. The project proposes a FAR of 2.7 and a density of 75 du/acre and within the floor area ratio and density allowed for the site with the proposed Community Benefit Incentives. Table 12 Project Community Benefit Points Type of Benefit Basis for Calculating Maximum Earned FAR Density Points Points' Points Earned Earned Lot Consolidation 2 lots consolidated into 1 35 35 parcel Family Friendly More than 10% of housing 30 Development units as three bedroom or larger units. 1 point for each 15 sq. 20 ft./unit of common area open space above the required minimum per the 50 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. Nonresidential In order to provide for component of significant opportunities for Mixed-use national and regional retail development tenants, a bonus shall be sites granted if the nonresidential component of a mixed-use site provides for tenant 20 20 space with an average size of 2,000 s.f. or more (minimum size of 800 s.f. for each tenant space), then the project will receive a 5% increase in residential to 4' Garvey Avenue Specific Plan, February 2018, page 3-19. 4 Garvey Avenue Specific Plan, February 2018, page 3-29. Prospect Villa Mixed -Use Project Page 70 Mitigated Negative Declaration — February 16, 2022 • . Maximum points allowed by Garvey Avenue Specific Plan. The project meets the development standards for the GSP-MU zone, with the exception of the mixed- use land use split. Based on Table 3.4 of the Garvey Avenue Specific Plan, a floor -area land use mix of 65% residential use and 35% nonresidential use is allowed for mixed-use development. However, applicants can deviate from this standard by proposing to incorporate community benefit amenities as depicted in Table 3.5 of the Garvey Avenue Specific Plan. Specifically, the community benefit amenity that an applicant has to incorporate into its project to obtain a deviated floor -area land use mix is shown below. Prospect Villa Mixed -Use Project Page 71 Mitigated Negative Declaration — February 16, 2022 make the split 70% residential to 30% commercial. Public Parking 2 Points: For every 1 standard sized parking space marked for public use and permanently available for public use, provided the 50 6 — 3 stalls project meets the minimum number of required public and private spaces, per this Specific Plan or the City of Rosemead Sustainable 40 Points: If 50% or more of Design 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 1, or equivalent (third -party 20— certification required) 70 CALGreen The increased density or Tier 1 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 80 du/acre Points . Maximum points allowed by Garvey Avenue Specific Plan. The project meets the development standards for the GSP-MU zone, with the exception of the mixed- use land use split. Based on Table 3.4 of the Garvey Avenue Specific Plan, a floor -area land use mix of 65% residential use and 35% nonresidential use is allowed for mixed-use development. However, applicants can deviate from this standard by proposing to incorporate community benefit amenities as depicted in Table 3.5 of the Garvey Avenue Specific Plan. Specifically, the community benefit amenity that an applicant has to incorporate into its project to obtain a deviated floor -area land use mix is shown below. Prospect Villa Mixed -Use Project Page 71 Mitigated Negative Declaration — February 16, 2022 Type of Benefit Maximum Basis for Calculating Points Provided for the Points Community Benefit Incentive Nonresidential 20 In order to provide for significant opportunities for national Component of Mixed- and regional retail tenants, a bonus shall be granted if the Use Development nonresidential component of a mixed-use site provides for Sites tenant space with an average size of 2,000 s.f. or more (minimum 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. The project applicant proposes to utilize the community benefit incentive as shown above. Thus, the Rosemead Planning Division is granting the project applicant an increase of up to 5% for the proposed residential use of the project. The applicant is proposing a floor -area land use mix of 68% residential and 32% nonresidential, which is allowed and in compliance with the land use mix allowed by the Garvey Avenue Specific Plan utilizing the community benefit amenity. Zoning F] The project site is zoned Garvey Avenue Specific Plan (GSP). The purpose of the Garvey Avenue Specific Plan (GSP) zoning district is to facilitate and support a vibrant neighborhood commercial district accommodating a diverse range of retail, service, and office businesses, with a focus on businesses that support the needs of the local community. The GSP zoning area is intended to encourage the development of attractive retail areas where people can walk for dining, groceries, shopping, limited personal services, community and social services, and social activities and gatherings. Uses will hav active retail storefronts with glass windows, open storefronts, and setbacks for outdoor dining, thus, offering pedestrians a varied and interesting experience44 The GSP zone for the site allows a maximum FAR of 0.75 without the Provision of Community Benefits and 1.0 with the Provision of Community Benefits. Therefore, the 0.946 gross acres (41,235 square feet) site could be developed with up to 30,926 square feet of commercial, public, and open space use without the Provision of Community Benefits and 41,235 square feet of commercial, public and open space use with the Provision of Community Benefits. The proposed mixed use project is not an allowed use with the existing GSP zone. Therefore, the project applicant is requesting a zone change to Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP- MU) to allow the mixed-use development for the site. The requested GSP-MU zoning allows the development of mixed-use including residential, commercial, public and open space land uses. As shown in Table 3.2 of the Garvey Avenue Specific Plan, the GSP-MU zoning allows a maximum of 25 dwelling units per acre without the Provision of Community Benefits and a maximum of 80 dwelling units per acre with the Provision of Community Benefits and a mixed-use maximum FAR of 1.6 and 0.75 commercial use without the Provision of Community Benefits and a mixed-use maximum of 3.0 and 1.0 commercial with the Provision of Community Benefits. Garvey Avenue Specific Plan Amendment The project also includes an 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 for 44 Garvey Avenue Specific Plan, page 3-4. Prospect Villa Mixed -Use Project Page 72 Mitigated Negative Declaration — February 16, 2022 beer/wine sales in the Garvey Avenue Specific Plan (GSP) and Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zones. This proposed Amendment would continue to require a Conditional Use Permit for all other on-site alcohol sales for sit-down restaurants less than 6,000 square feet. The project is located in the GSP-MU zone and proposes 6,346 square feet of nonresidential use. The current Garvey Avenue Specific Plan development standards allows the development of a regional or national chain sit-down restaurant with alcohol sales and a minimum of 6,000 square feet to operate without a CUP in the GSP and GSP-MU zones. The current Garvey Avenue Specific Plan development standards would allow one regional or national chain sit-down restaurant with alcohol sales in the project's proposed 6,346 square feet of nonresidential space. The Amendment would allow multiple sit-down restaurants with beer/wine sales with an AUP in the 6,346 square feet of nonresidential space rather than one sit-down restaurant. The proposed Amendment would continue to require all sit-down restaurants 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 and require a Conditional Use Permit for all other on-site alcohol sales for sit-down restaurants less than 6,000 square feet. The proposed Amendment would assist the business community within the boundary of the Garvey Avenue Specific Plan some relief from economic hardships that they are facing with the COVID-19 pandemic. The change from 6,000 square feet of minimum space to 1,000 square feet of minimum space for sit-down restaurants with beer/wine sales would be consistent with the development standards for sit- down restaurants with beer/wine sales in the FCMU. If approved, the proposed Amendment would assist the proposed Prospect Villa project the opportunity to attract more sit-down restaurants with beerlwine sales within its nonresidential space. The proposed • Amendment would not have any significant land use impacts since sit-down restaurants with beer/wine sales are already allowed in the GSP and GSP-MU zones. The project is not anticipated to have any significant land use or zoning impacts XII. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. The State Mining and Geology Board classify land in California on the availability of mineral resources. There are four Mineral Resources Zone (MRZ) designations in California for the classification of sand, gravel, and crushed rock resources (MRZ-1, MRZ- 2, MRZ-3, MRZ-4). According to the Rosemead General Plan Update the project site is within the MRZ- 4.45 The MRZ-4 classification states these are "Areas where available information is inadequate for assignment to any other MRZ zone" .41 As Rosemead is completely urbanized and the State has not identified any significant recoverable mineral resources within the City, no mineral extraction activities are permitted within the City limits. There are no mining activities on the site or any of the properties surrounding and adjacent to the site. The project would not have an impact to mineral resources of value to the region or residents of the state. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. As discussed above in Section "Xll.a" above, the project site is not located within an area of known mineral deposits. In addition, the geotechnical report that was prepared for the project site did not identify any mineral deposits in any of the five on-site soil borings. The project would not result in the loss of and not impact any locally important mineral resources. 45 Rosemead General Plan, Figure 4-2 Mineral Resources Map. 45 Ibid. Prospect Villa Mixed -Use Project Page 73 Mitigated Negative Declaration — February 16, 2022 XIII. NOISE: Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in thele vicinity of the project in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies. Potentially Significant Unless Mitigation Incorporated. A noise report47 was prepared for the project and is included in Appendix E of this MND. The site is vacant and as a result there is no noise generated from the site. Noise sources in the immediate project area impacting the project site includes traffic on Garvey Avenue adjacent to and south of the site, traffic on Prospect Avenue adjacent to and west of the site, the daily activities of the commercial uses west, south and east of the site and typical daily noise associated with the single-family detached residences north of the site. The residences adjacent to and north of the site do not generate noise levels that impact the site due to the low intensity of noise that is typically generated by residential development. Noise Compatibility Guidelines The City of Rosemead takes into account noise compatibility standards when evaluating land use development projects. A proposed land use must be compatible with the ambient noise environment, particularly with noise sources that the City does not have direct control such as motor vehicles on public streets and roads, aircraft, and trains. Since the City cannot regulate the noise levels from the sources, the City exercises its land use decision authority to ensure that noise/land use incompatibility is minimized. The decibel (dB) scale is used to quantify sound pressure levels. Although decibels are most commonly associated with sound, "dB" is a generic descriptor that is equal to ten times the logarithmic ratio of any physical parameter versus some reference quantity. For sound, the reference level is the faintest sound• detectable by a young person with good auditory acuity. Since the human ear is not equally sensitive to all sound frequencies within the entire auditory spectrum, human response is factored into sound descriptions by weighting sounds within the range of maximum human sensitivity more heavily in a process called "A weighting," written as dB(A). Any further reference to decibels written as "dB" should be understood to be A weighted. Time variations in noise exposure are typically expressed in terms of a steady-state energy level equal to the energy content of the time varying period (called LEQ), or alternately, as a statistical description of the sound pressure level that is exceeded over some fraction of a given observation period. Finally, because community receptors are more sensitive to unwanted noise intrusion during the evening and at night, state law requires that, for planning purposes, an artificial dB increment be added to quiet time noise levels in a 24 hour noise descriptor called the Ldn (day -night) or the Community Noise Equivalent Level (CNEL). The City of Rosemead considers noise exposures for residential/transient lodging use to be "normally acceptable' if the maximum exterior noise level is 60 dBA CNEL or less. Exterior residential noise levels of up to 70 dBA CNEL are allowed if a noise analysis is conducted to identify possible noise reduction measures. Noise levels above 70 dBA CNEL are considered normally unacceptable, except in unusual circumstances for residential use. These standards apply to outdoor recreational uses such as backyards, patios and balconies. An interior CNEL of 45 dB is mandated by the State of California Noise Insulation Standards (CCR, Title 24, Part 6, Section T25-28) for multiple family dwellings, hotel and motel rooms. In 1988, the State 47 Noise Impact Analysis, Prospect Villa Mixed Use Project, Giroux & Associates, October 12, 2021. 'N.01 Prospect Villa Mixed -Use Project Page 74 Mitigated Negative Declaration — February 16, 2022 • Building Standards Commission expanded that standard to include all habitable rooms in residential use, included single-family dwelling units. Since normal noise attenuation within residential structures with closed windows is 25-30A dB, an exterior noise exposure of 70-75 dBA CNEL allows the interior standard to be met without any specialized structural attenuation (dual paned windows, etc.), but with closed windows and fresh air supply systems or air conditioning in order to maintain a comfortable living environment. Noise Standards For noise generated on one property affecting an adjacent use, the City of Rosemead limits the amount of noise that can cross the boundary between the two uses. There are residential uses adjacent to and north of the site. The noise standards described below must be met at the residential units north of the site. For regulated on-site sources of noise generation, the Rosemead noise ordinance prescribes limits that are considered an acceptable noise exposure for residential uses in proximity to regulated noise sources. The L50 metric used in the Rosemead noise ordinance is the level exceeded for 50% of the measurement period of thirty minutes in an hour. One-half of all readings may exceed this average standard with larger excursions from the average allowed for progressively shorter periods. The larger the deviation, the shorter the allowed duration up to a never -to -exceed 20 dB increase above the 50th percentile standard. Nighttime noise levels limits are reduced by 5 dB to reflect the increased sensitivity to noise occurring during that time period. The City's L50 noise standard for residential use is 60 dB during the day (7 a.m. — 10 p.m.), and 45 dB at night (10 p.m. — 7 a.m.). For commercial use the L50 standard is 65 dB during the day (7 a.m. — 10 p.m.), and 60 dB at night (10 p.m. —7 a.m.). These noise standards for residential and commercial uses are shown in Table 13. Should the ambient noise level exceed any of the noise standards, the standards shall be increased to reflect the ambient noise level. Table 13 Rosemead Noise Ordinance Limits (Exterior Noise Level not to be Exceeded) Source: Municipal Code Section 8.36.060 Rosemead Municipal Code 8.36.030(A)(3) restricts hours of construction to hours of lesser noise sensitivity with heavy equipment to not operate from 8 p.m. to 7 a.m. during the week and on Saturdays, and not exceed 65 dBA at any residential property line. Construction is not permitted on Sundays or Federal Holidays. Baseline Noise Levels Short-term (15 -minute) baseline noise measurements were taken on Wednesday, September 29, 2021 at approximately 1:15 pm to 1:45 pm at two locations to document the existing noise levels due to Prospect Villa Mixed -Use Project Page 75 Mitigated Negative Declaration — February 16, 2022 Residential Use Commercial Use Maximum Allowable Duration of Exceedance 7 AM to 10 PM (Daytime) 10 PM to 7 AM (Nighttime) 7 AM to 10 PM (Daytime) 10 PM to 7 AM (Nighttime) 30 minutes/Hour L50 60 dB 45 dB 65 dB 60 dB 15 minutes/Hour L25 65 dB 50 dB 70 dB 65 dB 5 minutes/Hour 1-8 70 dB 55 dB 75 dB 70 dB 1 minute/Hour L1 75 M 60 dB 80 dB 75 dB Never Lmax 80 dB 65 dB 85 dB 80 dB Source: Municipal Code Section 8.36.060 Rosemead Municipal Code 8.36.030(A)(3) restricts hours of construction to hours of lesser noise sensitivity with heavy equipment to not operate from 8 p.m. to 7 a.m. during the week and on Saturdays, and not exceed 65 dBA at any residential property line. Construction is not permitted on Sundays or Federal Holidays. Baseline Noise Levels Short-term (15 -minute) baseline noise measurements were taken on Wednesday, September 29, 2021 at approximately 1:15 pm to 1:45 pm at two locations to document the existing noise levels due to Prospect Villa Mixed -Use Project Page 75 Mitigated Negative Declaration — February 16, 2022 activities in the immediate project vicinity. The existing noise levels are measured noise levels provide a basis to calculate the noise levels that exposed to with the existing noise generating activities in the area. measurements are shown in Figure 17. Table 14 Short -Term Measured Noise Levels (dBA) shown in Table 14. The project residents would be,& The location of the noise Site No. Location Leq Lmax Lmin 1 50 -feet to the centerline of Prospect Avenue 60 66 49 2 60 feet to the centerline of Garvey Avenue 64 67 56 Figure 17 Noise Measurement Locations W Based on previous noise monitoring experience, 24-hour weighted CNELs can be reasonably estimated from mid-day noise measurements. Thus, CNELs are approximately equal to Leq plus 2-3 dBA (Caltrans Technical Noise Supplement, 2009). This indicates a CNEL along the Prospect Avenue project frontage of approximately 63 dBA CNEL and 67 dBA CNEL along the Garvey Avenue project frontage. The City of Rosemead considers CNELS of up to 70 dBA to be conditionally acceptable for residential use with the requirement of a noise analysis. Noise levels of up to 75 dB CNEL are considered to be conditionally acceptable for commercial use. However, unless commercial projects include noise - sensitive uses such as outdoor dining, exterior noise exposure is generally not considered a facility siting constraint. E Prospect Villa Mixed -Use Project Page 76 Mitigated Negative Declaration — February 16, 2022 . Noise impacts are considered significant if they result in: a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. b. Generation of excessive groundborne vibration or groundborne noise levels. c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people living or working in the project area to excessive noise levels. STANDARDS OF SIGNIFICANCE Impacts may be significant if they create either a substantial permanent noise level increase or a temporary noise level increase. The term "substantial' is not quantified in CEQA guidelines. In most environmental analyses, "substantial' means a level that is clearly perceptible to humans. In practice, this is at least a +3 dB increase. Some agencies, such as Caltrans, require substantial increases to be +10 dB or more if noise standards are not exceeded by the increase. For purposes of this analysis, a +3 dB increase is considered a substantial increase. The following noise impacts due to project -related traffic would be considered significant: 1. If construction activities were to audibly intrude into adjacent sensitive uses. 2. If project traffic noise were to cause an increase by a perceptible amount (+3 dB CNEL) or expose receivers to levels exceeding city compatibility noise standards. 3. If future build -out noise levels were to expose sensitive receivers to levels exceeding compatibility • standards of 65 dB CNEL exterior at any outdoor uses or 45 dB CNEL interior noise levels in any habitable space. Sensitive Receptors The closest noise sensitive land uses to the project site are the residential units adjacent to and north of the site. There are also residences northwest and south of the site, south of Garvey Avenue. Temporary Noise Impacts The existing noise levels on the site and the noise levels in the immediate vicinity of the site would increase temporarily during project construction. Short-term construction noise would be generated during grading and the construction of the proposed site improvements. Noise would also be generated by construction workers commuting to the site, the delivery of materials and supplies to the site and the operation of on-site construction equipment, etc. Temporary construction noise impacts vary markedly due to the noise level range of the various types of construction equipment, its activity level and the distance from the equipment to the closest noise sensitive land use. Short-term construction noise impacts typically occur in discrete phases dominated by earth -moving equipment that would be used for site demolition and grading operations to construction and paving equipment that generates less noise than the heavier demolition and earth -moving equipment. In 2006, the Federal Highway Administration (FHWA) published the Roadway Construction Noise Model that includes a national database of construction equipment reference noise emissions levels. In • addition, the database provides an acoustical usage factor to estimate the fraction of time each piece of construction equipment is operating at full power during a construction phase. The usage factor is a key Prospect Villa Mixed -Use Project Page 77 Mitigated Negative Declaration — February 16, 2022 input variable that is used to calculate the average Leq (Equivalent Continuous Sound Pressure Level) noise levels. 0 Table 15 shows the anticipated construction fleet required to construct the project. The table is organized by construction activity and lists the equipment that is associated with each activity. Table 15 also shows the noise level for each individual piece of equipment at a reference 50 -foot distance. Table 15 Construction Equipment Noise Levels Phase Name Equipment Usage Factor'@ Measured Noise 50 feet (dBA) Cumulative Noise 50 feet dBA Grading Dozer 40% 82 78 Grader 40% 85 81 Loader/Backhoe 37% 78 74 Building Construction Forklift 20% 75 68 Loader/Backhoe 37% 78 74 Crane 16% 81 73 Welder 46% 74 71 Paving Paver 50% 77 74 Paving Equip 40% 76 72 Roller 38% 80 76 Loader/Backhoe 37% 78 74 Source: FHWA's Roadway Construction Noise Model, 2006 1. Estimates the fraction of time each piece of equipment is operating at full power during a construction operation As shown in Table 15, typical hourly average construction generated noise levels would average approximately 68 dBA to 81 dBA Leq at a distance of 50 feet from the project site. The constructiore noise levels would be reduced at a rate of approximately 6 dBA per the doubling of the distance between the noise source and a receptor. Shielding by existing buildings and/or terrain often results in lower construction noise levels at distant receptors. The potential for project construction -related noise levels to impact adjacent and nearby residential receptors would depend on the location and proximity of the on-site construction activities to these off-site receptors. Table 16 shows the adjusted maximal noise levels from the operation of on-site construction equipment at 50 feet to the closest noise sensitive receptors that are approximately 10 feet from the common property line of the project site. The project proposes to construct a six-foot tall decorative masonry wall along both the north and east project boundaries. The noise levels in Table 16 take into account a 4 dBA reduction in noise levels associated with the construction of the six-foot tall decorative masonry walls. Table 16 Construction Noise Exposure at Adjoining Sensitive Noise Receptor (dBA Leq) Phase Equipment Noise Levels at Residences to the North Grading Dozer 88 Grader 79 Loader/Backhoe 70 Building Construction Forklift 66 I Loader/Backhoe 72 v Prospect Villa Mixed -Use Project Page 78 Mitigated Negative Declaration — February 16, 2022 • As shown in Table 16, only the operation of the dozer during project grading would exceed the City of Rosemead adopted 85 dBA Leq significance threshold if the equipment is operated directly adjacent to the shared property line with the residents adjacent to and north of the site. None of the other construction activities would exceed the adopted 85 dBA Leq significance threshold. Some of the residents north of the project could experience noise nuisance during construction activity. However, the construction noise levels would be temporary and limited to the duration of the construction at any one location within the site. The temporary noise impacts would cease once each component of construction is completed. The project is proposed to be constructed in a single phase so once construction is completed the construction noise levels would cease. Construction would be restricted to the hours of construction as allowed by Rosemead Municipal Code 8.36.030(A)(3) that restricts hours of construction to hours of lesser noise sensitivity with heavy equipment to not operate from 8 p.m. to 7 a.m. during the week and on Saturdays, and not exceed 65 dBA at any residential property line. Construction is not permitted on Sundays or Federal Holidays. As shown in Table 14 the existing ambient noise level on the site at the two noise measurement locations are 66 and 67 dBA and greater than the city standard of 65 dBA. Therefore, the existing noise levels on the project site due to traffic along the project frontage at Prospect Avenue and Garvey Avenue exceed . the city daytime noise standard of 65 dBA. Rosemead Municipal Code 8.36.060(B)(1) restricts interior noise levels of residential receptor properties to 45 dBA. As stated earlier, the noise levels in Table 16 take into account the proposed six-foot tall masonary decorative wall along the north project boundary that would attenuate and reduce the exterior noise levels to the residential units adjacent to and north of the site by approximately 4 dBA. Furthermore, typical residential construction materials and methods reduce exterior noise levels to interior noise levels by approximately 20-25 dBA. In this case, when taking the existing six-foot wall along the north project boundary and typical residential construction materials and methods into account, the interior noise levels of the residential units adjacent to and north of the project site would not exceed interior noise levels of 45 dBA as restricted by Rosemead Municipal Code 8.36.060(B)(1). Therefore, although off-site construction noise levels are calculated not to exceed 85 dBA except for the operation of dozers during project grading, interior noise levels would not exceed 45 dBA in compliance with Rosemead Municipal Code 8.36.060(B)(1). In order to minimize construction noise levels to the residential units adjacent to and north of the site the following noise measures are recommended: Mitigation Measure No. 8 All construction equipment shall be equipped with mufflers and other suitable noise attenuation devices (e.g., engine shields). Mitigation Measure No. 9 Grading and construction contractors shall use rubber -tired equipment rather than track equipment, to the maximum extent feasible. Mitigation Measure No. 10 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 Prospect Villa Mixed -Use Project Page 79 Mitigated Negative Declaration — February 16, 2022 Crane 71 Welder 69 Paving Paver 84 Paving Equip 68 Roller 72 Loader/Backhoe 70 As shown in Table 16, only the operation of the dozer during project grading would exceed the City of Rosemead adopted 85 dBA Leq significance threshold if the equipment is operated directly adjacent to the shared property line with the residents adjacent to and north of the site. None of the other construction activities would exceed the adopted 85 dBA Leq significance threshold. Some of the residents north of the project could experience noise nuisance during construction activity. However, the construction noise levels would be temporary and limited to the duration of the construction at any one location within the site. The temporary noise impacts would cease once each component of construction is completed. The project is proposed to be constructed in a single phase so once construction is completed the construction noise levels would cease. Construction would be restricted to the hours of construction as allowed by Rosemead Municipal Code 8.36.030(A)(3) that restricts hours of construction to hours of lesser noise sensitivity with heavy equipment to not operate from 8 p.m. to 7 a.m. during the week and on Saturdays, and not exceed 65 dBA at any residential property line. Construction is not permitted on Sundays or Federal Holidays. As shown in Table 14 the existing ambient noise level on the site at the two noise measurement locations are 66 and 67 dBA and greater than the city standard of 65 dBA. Therefore, the existing noise levels on the project site due to traffic along the project frontage at Prospect Avenue and Garvey Avenue exceed . the city daytime noise standard of 65 dBA. Rosemead Municipal Code 8.36.060(B)(1) restricts interior noise levels of residential receptor properties to 45 dBA. As stated earlier, the noise levels in Table 16 take into account the proposed six-foot tall masonary decorative wall along the north project boundary that would attenuate and reduce the exterior noise levels to the residential units adjacent to and north of the site by approximately 4 dBA. Furthermore, typical residential construction materials and methods reduce exterior noise levels to interior noise levels by approximately 20-25 dBA. In this case, when taking the existing six-foot wall along the north project boundary and typical residential construction materials and methods into account, the interior noise levels of the residential units adjacent to and north of the project site would not exceed interior noise levels of 45 dBA as restricted by Rosemead Municipal Code 8.36.060(B)(1). Therefore, although off-site construction noise levels are calculated not to exceed 85 dBA except for the operation of dozers during project grading, interior noise levels would not exceed 45 dBA in compliance with Rosemead Municipal Code 8.36.060(B)(1). In order to minimize construction noise levels to the residential units adjacent to and north of the site the following noise measures are recommended: Mitigation Measure No. 8 All construction equipment shall be equipped with mufflers and other suitable noise attenuation devices (e.g., engine shields). Mitigation Measure No. 9 Grading and construction contractors shall use rubber -tired equipment rather than track equipment, to the maximum extent feasible. Mitigation Measure No. 10 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 Prospect Villa Mixed -Use Project Page 79 Mitigated Negative Declaration — February 16, 2022 whisper -quiet generators shall be used (i.e., inverter generators capable of providing variable load. 0 Mitigation Measure No. 11 Electric air compressors and similar power tools rather than diesel equipment shall be used, where feasible. Mitigation Measure No. 12 Generators and stationary construction equipment shall be staged and located as far from the adjacent residential structures as feasible. Mitigation Measure No. 13 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. Mitigation Measure No. 14 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. Mitigation Measure No. 15 Dozers shall not operate within 25 feet of the north property line. Motor Vehicle Noise Impacts Off -Site Project -Related Vehicular Noise Impacts Traffic counts for Garvey Avenue are available from the traffic impact analysis that was prepared for the Garvey Avenue Specific Plan EIR48. The closest traffic counts to the project site are at the intersection of Jackson Avenue and Garvey Avenue, which is one block east of the proposed project. Therefore, theW traffic noise impacts to the project from off-site traffic are based on traffic counts at the intersection of Garvey Avenue and Jackson Avenue. The calculated noise levels on Garvey Avenue in close proximity to the project site are shown in Table 17. The on-site noise levels were calculated at a distance of 50 - feet from the centerline of Garvey Avenue. The analysis is conservative as it overlays all 657 project generated traffic trips in east and west directions equally along Garvey Avenue since trip distribution profiles for the site in the Garvey Avenue Specific Plan traffic impact analysis were not available. Table 17 Traffic and Associated Noise Levels for Existing and Future Time Frames *Estimated to be 10 x PM peak hourly ADT 48 Traffic Impact Analysis for the Garvey Avenue Specific Plan EIR, Rosemead, CA, May 26, 2016. • Prospect Villa Mixed -Use Project Page 80 Mitigated Negative Declaration — February 16, 2022 Daily Number of Estimated Noise Level (dBA Time Frame Vehicles" CNEL Garvey East of Garvey West of Garvey East of Narvey West of Site Site Site site Existing No Project 20,100 19,130 68.2 68.0 Existing With Project 20,757 20,757 68.3 68.3 Future No Project 19,890 18,940 68.2 67.9 Future With Project 20,547 19,597 1 68.3 68.1 Future With Specific Plan 29,450 27,490 69.9 69.6 Buildout *Estimated to be 10 x PM peak hourly ADT 48 Traffic Impact Analysis for the Garvey Avenue Specific Plan EIR, Rosemead, CA, May 26, 2016. • Prospect Villa Mixed -Use Project Page 80 Mitigated Negative Declaration — February 16, 2022 • The proposed project in either the opening year or future time frames would not significant increase the traffic noise level on the project site or the immediate project vicinity. As shown in Table 18, the project is calculated to have a maximum noise level increase of approximately of +0.3 dBA and a net noise level of -1.6 dBA compared to the estimated traffic noise levels along Garvey Avenue in the project vicinity by the Garvey Avenue Specific Plan traffic impact analysis. As shown in Table 18, the project traffic noise level increase by the project compared to the noise levels that would be generated based on the development allowed for the site by the Garvey Avenue Specific Plan are less than significant. Table 18 Traffic Noise Impact Comparison Scenario Evaluated Garvey Avenue East of Project Site Garvey Avenue West of Project Site Existing With Project vs Existing No Project +0.1 dBA +0.3 dBA Future With Project vs Future No Project +0.1 dBA +0.2 dBA Future With Project vs Future With Specific Plan -1.6 dBA -1.5 dBA Site Operational Noise The project driveway is located at the northwest corner of the site at Prospect Avenue. The drive aisle is approximately 33 -feet wide. After entering the drive aisle motor vehicles turn right into one of two driveways to enter the parking areas within the building. Based on the AM and PM traffic volumes at the project driveway in the traffic report, the on-site noise levels during the AM and PM peak hours at the project driveway is estimated to be 46.3 dBA Leq. The proposed six-foot tall decorative masonry wall along the north project boundary would provide approximately -4 dBA of noise attenuation for a net noise level to the residents adjacent to and north of the project is 42.3 dBA Leq. The City of Rosemead Noise Ordinance limits noise from a private property adjacent to a residential use to not exceed 60 dBA Leq at the property line. Therefore, the peak hour project traffic would not exceed the City's noise standard. Additionally, the measured noise level on Prospect Avenue adjacent to the site was 60 dBA Leq. Therefore, the project traffic noise level would not be audible over the existing background traffic noise level on Prospect Avenue adjacent to the site. As a result, the project generated noise level impacts to the existing land uses adjacent to the project would be less than significant. The mechanical equipment that is proposed for the project, including air conditioners, fans, etc. is proposed for the roof of the building and shielded from adjacent land uses by a 5 -foot parapet screen. The mechanical equipment would generate noise levels that are typically generated by the type of equipment that would be used for a mixed-use project and would be required to comply with all applicable regulatory requirements in terms of noise. The mechanical equipment for the project would be screened by a proposed 5 -foot high parapet screen and the noise levels from the operation of the rooftop mechanical equipment would not significantly impact on-site residents or existing residents adjacent to the project site. Therefore, the noise impacts by the operation of on-site mechanical equipment would be less than significant. On -Site Traffic Noise Along the Garvey Avenue frontage, the first story is proposed for commercial use. Residential units are proposed for the second through seventh floors and recessed and have a greater setback distance to the traffic on both Garvey Avenue and Prospect Avenue. The minimum project setback at the ground level of the project is 55 -feet from the centerline of Garvey Avenue. Based on the measured noise levels Prospect Villa Mixed -Use Project Page 81 Mitigated Negative Declaration — February 16, 2022 on Garvey Avenue, the estimated traffic noise level along the project frontage on Garvey Avenue would be less than 70 dBA CNEL at 50 feet from the centerline with the project. It is not anticipated that residential balconies would observe exterior traffic noise levels of above 70 dBA CNEL. The recreational/ space is comprised of common open space along the northern perimeter, the courtyards above the parking levels, the lounge, and balconies would have noise levels less than 70 dBA CNEL. Based on the above analysis the project would not have any significant temporary (construction) or permanent (operational) noise level impacts. b) Generation of excessive ground borne vibration or ground borne noise levels? Potentially Significant Unless Mitigation Incorporated. There are residential homes adjacent to and north of the project and commercial uses to the east, west of Prospect Avenue and south of Garvey Avenue. The site is subject to occasional ground borne vibration due to heavy trucks that travel on Garvey Avenue and Prospect Avenue adjacent to and south and west of the site, respectively. Any vibration levels on the site from the occasional passing of heavy trucks on Garvey Avenue and Prospect Avenue are short- term in duration. Since the project site is vacant existing vibrations at the site do not impact any existing on-site uses. Construction Activity Vibration Construction activities generate ground -borne vibration when heavy equipment travels over unpaved surfaces or when it is engaged in soil movement, such as grading. The effects of ground -borne vibration include discernable movement of building floors, rattling of windows, shaking of items on shelves or hanging on walls, and rumbling sounds. Vibration related problems generally occur due to resonances in the structural components of a building because structures amplify groundbome vibration. Within the "soft" sedimentary surfaces of much of Southern California, ground vibration is quickly damped. Groundborne vibration is almost never annoying to people who are outdoors49 Groundborne vibrations from construction activities rarely reach levels that can damage structures. Vibration thresholds have been adopted for major public works construction projects, but these relate mostly to structural protection (cracking foundations or stucco) rather than for human annoyance. A vibration descriptor commonly used to determine structural damage is the peak particle velocity (ppv) and defined as the maximum instantaneous positive or negative peak of the vibration signal, usually measured in in/sec. The range of vibration levels is shown in Table 19. Table 19 Human Response to Transient Vibration Average Human Response ppv (inisec) Severe 2.00 Strongly perceptible 0.90 Distinctly perceptible 0.24 Barely perceptible 0.03 Source: Caltrans Transportation and Construction Vibration Guidance Manual, 2013. Over the years, numerous vibration criteria and standards have been suggested by researchers, organizations, and govemmental agencies. As shown in Table 20, according to Caltrans and the FTA, the threshold for structural vibration damage for modern structures is 0.5 in/sec for intermittent sources, which include impact pile drivers, pogo -stick compactors, crack -and -seat equipment, vibratory pile drivers, and vibratory compaction equipment. Older residential structures have a 0.3 in/sec threshold. To be conservative, the damage threshold of 0.3 in/sec for older residential structures was used in this 49 Federal Transit Administration 2006. • Prospect Villa Mixed -Use Project Page 82 Mitigated Negative Declaration — February 16, 2022 • vibration analysis to determine potential vibration impacts to adjacent buildings. Below this level there is virtually no risk of building damage. • Table 20 FTA and Caltrans Guideline Vibration Damage Potential Threshold Criteria Building Type PPV (in/sec) FTA Criteria Reinforced concrete, steel or timber noplaster) 0.5 Engineered concrete and mason no laster 0.3 Non -engineered timber and masonry buildings 0.2 Buildings extremely susceptible to vibration damage 0.12 Caltrans Criteria Modern industrial/commercial buildings 0.5 New residential structures 0.5 Older residential structures 0.3 Historic old buildings 0.25 Fragile Buildings 0.1 Extremely fragile ruins, ancient monuments 0.08 The calculated vibration levels that would be generated by the operation of the various types of construction equipment that are anticipated to operate on the site are shown below in Table 21. Table 21 Estimated Vibration Levels During Project Construction Equipment PPV at 25 ft in/sec PPV at 40 ft in/sec PPV at 50 ft inlsec PPV at 60 ft inlsec PPV at 75 ft in/sec Large Bulldozer 0.089 0.044 0.031 0.024 0.017 Loaded trucks 0.076 0.037 0.027 0.020 0.015 Jackhammer 0.035 0.017 0.012 0.009 0.007 Small Bulldozer 1 0.003 1 0.001 <0.001 I <0.001 <0.001 Source: Federal Highway Administration (FHWA) Transit Noise and Vibration Impact Assessment The calculation to determine PPV at a given distance is: PPV distance = PPVref'(25/D)A1.5 Where: PPVdistance = the peak particle velocity in inches/second of the equipment adjusted for distance, PPVref = the reference vibration level in inches/second at 25 feet, and D = the distance from the equipment to the receiver. The closest residence adjacent to the project boundary is 10 feet from the shared north property line. As shown in Table 21, the calculated vibration levels generated by construction equipment such as a large bulldozer would be slightly above levels that could create structural damage of older residential structures (i.e., 0.3 in/sec) if a bulldozer were to operate at the north property line. Large bulldozers would not likely operate directly at the shared property line to limit potential damage to the wall, therefore, effects of vibration such as rattling windows is not anticipated to occur at the existing structures adjacent to the • project site. In the event that such equipment may pass directly along the property line of adjacent Prospect Villa Mixed -Use Project Page 83 Mitigated Negative Declaration — February 16, 2022 residences, vibration effects would only slightly exceed the "barely perceptible' response range, and for a very limited time, which would not be considered substantial. 0 Although grading vibrations to the residents adjacent to and north of the project are not anticipated to have any significant vibration impacts to the residents, the implementation of Mitigation Measure No. 15 is recommended to reduce potential vibration impacts to less than significant. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. There are no private airstrips or public airports in the project vicinity or the City of Rosemead. The closest airport to the project is EI Monte Airport, which is approximately 5 miles northeast of the project. Operations at EI Monte Airport would not expose project employees, customers or residents to excessive noise levels. The project would not be impacted by noise levels at EI Monte Airport due to the distance of the airport from the project. XIV. POPULATION AND HOUSING: Would the project: a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example through extension of roads or other infrastructure)? Less Than Significant Impact. The project proposes 6,346 square feet of nonresidential 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 apartments. The 30 live -work units are proposed for the first four floors and the 45 apartments are proposed for the fifth through seventh floors. The project includes 17 two-bedroom live -work units, 34 two-bedroom apartments, 4 two-bedroom loft live -work units, 9 three-bedroom live -work units, 10 three-bedroom apartments and 1 four-bedroom apartment. The project is estimated to generate approximately 281 residents based on 3.74 persons per household and the average number of people for all household types in the City of Rosemead.50 It is anticipated that the proposed live -works and apartments would generate less than 3.74 persons per the average household in Rosemead, which includes single-family detached units. Therefore, the number of residents that would be generated by the project is anticipated to be less than 281 people. It is anticipated that many of the future project residents are existing Rosemead residents and currently live in Rosemead. Existing Rosemead residents that move to and relocate from their existing residence in Rosemead to the project would not increase the city's population. For those future project residents that currently live outside Rosemead and would move to the site, the city's population is not anticipated to increase significantly due to the project. The project would incrementally increase the city's population. However, it is not anticipated the project would induce a substantial unplanned population growth in Rosemead either directly or indirectly since it is anticipated that some of the future project residents are current city residents and the number of future residents that move to Rosemead from outside the city would be minimal. Therefore, the project is not anticipated to significantly increase the city's population. b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? No Impact. The project site is vacant and would not displace any existing residential units or residents. As a result, no existing residents would have to find replacement housing. The project would not have an impact to any existing residents. 50 %2FE-5%2Fdocuments%2FE-5 2021 InternetVersion.xlsx&wdOdgin=BROWSELINK, January 1, 2021. 1 Prospect Villa Mixed -Use Project Page 84 Mitigated Negative Declaration — February 16, 2022 0 XV. PUBLIC SERVICES: a) Would the project result insubstantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Less Than Significant Impact. Fire protection services are provided by the Los Angeles County Fire Department. The construction of the proposed mixed-use building would be required to meet all applicable 2019 California Building and Fire Codes would minimize the need for fire protection service calls at the site by the Los Angeles County Fire Department. The project would not have any significant impacts to the Los Angeles County Fire Department 51 ii. Police protection? Less Than Significant Impact. Police protection services are provided by the Los Angeles County Sheriff Department. The Temple Sheriffs Station located at 8838 Las Tunas Drive serves the project site. Compared to the existing vacant site condition, the project would increase calls for police protection. While the project would incrementally increase police service calls, the project is not anticipated to significantly impact the Los Angeles County Sheriff Department.52 iii. Schools? Less Than Significant Impact. The project is located in the Garvey School District and serves students from pre -K to 8th grade. The project would generate students to schools in the Garvey School District that include Ralph Waldo Emerson Elementary School located at 7544 Emerson Place and Richard Garvey Intermediate School located at 2720 Jackson Avenue. The project is in the Alhambra Unified School District and students grades 9-12 would attend San Gabriel High School located at 801 S. Ramona Street in San Gabriel. The Alhambra Unified School District has capacity to serve the students generated by the project.53 Both school districts collect a development fee for residential and commercial development. The student impact fee is used by schools to provide additional classrooms to accommodate the students generated by residential and commercial/industrial development projects. The project developer would be required to pay the State mandated student impact fee to each District before building permits would be issued for construction. Payment of the required development fee would reduce impact of the students generated by the project to the Garvey School District and Alhambra Unified School District to less than significant. iv. Parks? Less Than Significant Impact. The closest City of Rosemead public park to the project is Garvey Park that is located at 3233 Kelburn Avenue and approximately 0.42 miles northeast of the project. Garvey Park includes a water park, baseball fields, tennis courts, playground, an open field, bar-b-ques, picnic tables, gym, etc. The project is required by the Garvey Avenue Specific Plan to provide 11,250 square feet of common open space, 300 square feet of additional common open space for the Community Benefit credit and 2,062 square feet for the commercial space. The project proposes 6,245 square feet more common open space than required by the Garvey Avenue Specific Plan. The project is also required by the Garvey Avenue Specific Plan to provide 5,625 square feet of private open space and proposes 9,633 square feet of private open space. The project proposes •" Specialist Chris Rudiger, Los Angeles County Fire Department, telephone conversation, October 11, 2021. 52 Lt. Jose Hernandez, Los Angeles County Sheriff Department, telephone conversation, October 20, 2021. 59 George Murray, Alhambra Unified School District, letter dated October 21, 2021. Prospect Villa Mixed -Use Project Page 85 Mitigated Negative Declaration — February 16, 2022 4,008 square feet of private open space in the form of private patios and more space than required by the Garvey Avenue Specific Plan. The project proposes more public and private open space than required for the site. It is anticipated that any existing Rosemead residents that move to the project would not significantly increase their use of City park and recreational facilities. For those residents that move to the site from outside Rosemead, there could be an increase in the use of City park and recreational facilities. It is anticipated that most of the project residents would not use City park and recreational facilities to a level that would significantly impact the existing facilities. The project developer would be required to pay the city -required development impact fee as required by RMC Chapter 17.170.010. The development impact fee could be used by the City to provide park facilities as allowed by RMC Chapter 17.170.090, which includes the purchase of land, design, construction, equipment, etc. as deemed necessary to serve city residents, including project residents. The payment of the required development impact fee by the project developer would reduce potential park and recreational impacts to less than significant. V. Other public facilities? No Impact. There are no public facilities or services that would be impacted by the project. XVI. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less Than Significant Impact. The project would not significantly impact recreation facilities. Please see Public Services Section "XV.a.iv" above. b) Does the project include recreational facilities or require the construction or expansion o1• recreational facilities that might have an adverse physical effect on the environment? Less Than Significant Impact. As discussed in Public Services Section "XV.a.iv" above, the project does not propose the construction of any on-site recreational facilities. However, as discussed in Public Services Section "XV.a.iv" above, the project would be required to pay the city -required park fee as required by RMC 12.44.020. The park fee would be used by the City at its discretion to either expand existing recreational facilities or acquire new parkland. The project does not require the construction or the expansion of other recreational facilities that would impact the environment. XVII. TRANSPORTATION: Would the project: a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Less Than Significant Impact. A traffic report54 was prepared for the project and is included in Appendix F. The Garvey Avenue Specific Plan Traffic Impact Analysis55 calculated the trip generation of the development potential of the Specific Plan (i.e., square feet of floor area for non-residential uses such as commercial and industrial and the number of residential units) from the existing land uses to the development allowed by the Garvey Avenue Specific Plan. The Garvey Avenue Specific Plan area was categorized into traffic analysis zones (TAZs) to calculate the traffic that would be generated by its buildout. The project site is located within TAZ 2165-1, which is one of the eleven TAZs. 5 Garvey Avenue Specific Plan Amendment 21-01 Project Transportation Assessment, Ganddini Group, Inc., October 5, 2021. ss Traffic Impact Analysis for the Garvey Avenue Corridor Specific Plan EIR, Rosemead, CA August 29, 2014, KOA Corporation. 10 Prospect Villa Mixed -Use Project Page 86 Mitigated Negative Declaration — February 16, 2022 • The trip generation change for each TAZ was calculated based on existing development and a realistic future buildout scenario and a maximum buildout scenario based on development allowed by the Garvey Avenue Specific Plan 56 Based on the Garvey Avenue Specific Plan, Table 22 shows the calculated trip generation for both the realistic and maximum buildout scenarios for TAZ 2165-1, which includes the proposed project site. • Table 22 Existing TAZ 2165-1 Garvey Avenue Specific Plan Trip Generation Specific Plan Realistic Buildout' Trips Generated Land Use AM Peak Hour PM Peak Hour Dail In Out Total In Out Total Commercial 268 168 436 130 135 265 7,265 Residential 2 9 11 8 5 13 130 Total 270 177 447 138 140 278 7,395 Specific Plan Maximum Buildout2 Trips Generated Land Use AM Peak Hour PM Peak Hour Dail In Out I Total In Out Total Commercial 492 311 803 238 249 487 13,356 Residential 4 17 21 16 9 25 273 Total 496 328 824 254 258 512 13,629 Notes: (1) Source: Traffic Impact Analysis for the Garvey Avenue Specific Plan EIR (KOA Corporation, May 26, 2016), Table 7. (2) Source: Traffic Impact Analysis for the Garvey Avenue Speck Plan EIR (KOA Corporation, May 26, 2016); Table 12. As shown in Table 22, TAZ 2165-1 was forecast to generate 7,395 daily vehicle trips under the realistic buildout scenario, including 447 vehicle trips during the AM peak hour and 278 vehicle trips during the PM peak hour and 13,629 daily vehicle trips under the maximum buildout scenario, including 824 vehicle trips during the AM peak hour and 512 vehicle trips during the PM peak hour. To determine the trip generation forthe project site within TAZ 2165-1 all of the APNs and their associated land square footage were calculated. Table 23 shows the square footage for each APN and the percentage of the APN square footage to the total square footage within TAZ 2165-1. As shown in Table 23, the project site is 10.56% of the total square footage of TAZ 2165-1. 56 Significant impacts and subsequent mitigation measures for the Garvey Avenue Specific Plan were based on the realistic buildout scenario. Prospect Villa Mixed -Use Project Page 87 Mitigated Negative Declaration — February 16, 2022 Table 23 TAZ 2165-1 Parcel Matrix Assessor Parcel Number (APN)z Land Square Footage (SF)2 Percentage of APN to Total TAZ 5286-020-023 99,650 25.48% 5286-020-017 19,958 5.10% 5286-020-018 36,762 9.40% 5286-020-026 22,946 5.87% 5286-020-004 12,043 3.08% 5286-020-003 12,550 3.21% 5286-020-002 28,005 7.16% 5286-020-001 24,365 6.23% 5286-020-030 19,812 5.07% 5286-020-035 39,681 10.15% 5286-022-010 Project 30,611 7.83% 5286-022-009 Project 10,695 2.73% 5286-022-008 9,092 2.32% 5286-022-002 8,881 2.27% 5286-022-005 3,863 0.99% 5286-022-004 4,306 1.10% 5286-022-003 7,837 2.00% Total 391,057 100.00% Proposed Project APNs 41,306 10.56% Notes: (1) Source: Traffic Impact Analysis for the Garvey Avenue Speck Plan EIR (KOA Corporation, May 26,2016); Figure 10. (2) Data based on Los Angeles County Assessor Portal. Table 24 shows the project trip generation for the project site based on 10.56% of the total area of TAZ 2165-1. As shown, the project site is estimated to generate approximately 781 daily vehicle trips under the realistic buildout scenario, including 47 vehicle trips during the AM peak hour and 30 vehicle trips during the PM peak hour and 1,440 daily vehicle trips under maximum buildout scenario, including 87 vehicle trips during the AM peak hour and 54 vehicle trips during the PM peak hour. Table 24 Existing TAZ 2165-1 Garvey Avenue Specific Plan Trip Generation — Project APNs Specific Plan Realistic Buildout' Trips Generated Land Use AM Peak Hour PM Peak Hour Dail In Out Total In Out Total Commercial 28 18 46 14 14 28 767 Residential 0 1 1 1 1 2 14 Total 28 19 47 15 15 30 781 Prospect Villa Mixed -Use Project Page 88 Mitigated Negative Declaration — February 16, 2022 f� • Specific Plan Maximum Buildout' Trips Generated Land Use AM Peak Hour PM Peak Hour Dail In I Out I Total In I Out I Total Commercial 52 33 85 25 26 51 1,411 Residential 0 2 2 2 1 3 29 Total 52 35 87 27 27 54 1,440 Notes: (1) The share of the total Garvey Avenue Specific Plan trip generation allocated to the project APNs was determined based on the projects total APN square footage as a percentage of all APNs in TAZ 2165-1 (10.56%; see Table 2) multiplied by the total trip generation for TAZ 2165-1 (see Table 1). Project Trip Generation Table 25 shows the trip generation for the project based upon trip generation rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Edition, 2021). As shown in Table 25, the project is calculated to generate approximately 657 daily vehicle trips, including 42 vehicle trips during the AM peak hour and 41 vehicle trips during the PM peak hour. Table 4 also shows internal capture and pass -by trip adjustments in accordance with standard industry practice for mixed-use development. Table 25 Project Trip Generation Trip Generation Rates AM Peak Hour PM Peak Hour % In % Out Rate % In % Out Rate Land Use Source' Unitz Dail Multifamily Housing (Mid -Rise) ITE 221 DU 23% 77% 0.37 61% 39% 0.39 4.54 Strip Retail Plaza <40k ITE 822 TSF 60% 40% 2.36 50% 50% 6.59 54.45 Trips Generated AM Peak Hour PM Peak Hour In Out Total In Out Total Land Use Quantity Unitz Daily Multifamily Housing (Mid -Rise) 75 DU 6 21 27 18 11 29 341 Internal Capture (-28%PM in; - 18%PM out) [a] 0 0 0 -5 -2 -7 -7 Subtotal - External Residential Tris 6 21 27 13 9 22 334 Strip Retail Plaza (<40k) 6.346 TSF 9 6 15 21 21 42 346 Internal Capture (-10%PM in; - 24%PM out) [a] 0 0 0 -2 -5 -7 -7 Subtotal - External Retail Trips 9 6 15 19 16 35 339 Pass -by Trips (-40%PM) (1] 0 0 0 -8 -8 -16 -16 Subtotal - Retail with Pass -By Adjustment 9 6 15 11 8 19 323 TOTAL NEW PROJECT TRIPS 15 27 42 24 17 41 657 Prospect Villa Mixed -Use Project Page 89 Mitigated Negative Declaration — February 16, 2022 (1) Source: ITE= Institute of Transportation Engineers, Trip Generation Manual (101h Edition, September2021); #H# = Land Use Gode(s). [a] = ITE Trip Generation Handbook (3rd Edition, 2017). Internal capture rates calculated in accordance with procedures in the handbook. The daily internal capture is equal to the sum of the peak hour values. (2) DU = Dwelling Units; TSF = Thousand Square Feet Trip Generation Comparison Table 26 shows the trip generation comparison between the proposed project and the estimated share of trips allocated to the project site within TAZ 2165-1 based on the Garvey Avenue Specific Plan TIA. As shown, the project is calculated to generate approximately 124 fewer daily trips, including 5 fewer trips during the AM peak hour and 11 more PM peak hour trips compared to the trips generated by the project site in the Garvey Avenue Specific Plan TIA for the realistic buildout scenario. As also shown, the project is calculated to generate approximately 783 fewer daily trips, including 45 fewer trips during the AM peak hour and 13 fewer trips during the PM peak hour, compared to the trips generated by the project site in the Garvey Avenue Specific Plan TIA for the maximum buildout scenario. Table 26 Project Trip Generation Comparison to Garvey Avenue Specific Plan TIA/EIR Specific Plan Realistic Buildout' Tris Generated Land Use AM Peak Hour PM Peak Hour Dail In Out Total In Out I Total Existing Specific Plan Project APNs' 28 19 47 15 15 30 781 Propose Project2 15 27 42 24 17 41 657 Difference 13 +8 -5 +9 +2 +11 124 Specific Plan Maximum Buildout' Trips Generated Land Use AM Peak Hour PM Peak Hour Dail In Out I Total In Out I Total Existing Specific Plan ProjectAPNs' 52 35 87 27 27 Proposed Prpject2 15 27 42 24 17 Difference 37 -8 -45 -3 -10M Notes: (1) See Table 24 (2) See Table 25 Impact Assessment for Proposed Specific Plan Amendment Change The project is calculated to generate fewer vehicle trips compared to both the realistic and maximum buildout scenarios analyzed in the Garvey Avenue Specific Plan TIA for the site, except during the PM peak hour under the realistic buildout scenario. In this case the project is calculated to generate 11 more PM peak hour trips. The additional 11 PM peak hour trips are nominal and are not anticipated to significantly impact the level of service (LOS) analysis at any area intersections, significantly impact findings or adopted traffic mitigation measures in the Garvey Avenue Specific Plan EIR. Even if all 11 PM peak hour trips were added to a critical traffic movement, the increase in intersection capacity Prospect Villa Mixed -Use Project Page 90 Mitigated Negative Declaration — February 16, 2022 • utilization (ICU) would be approximately 0.007 and not significantly impact any intersection ICUs as shown below: 0 New Avenue/Garvey Avenue: With mitigation, this intersection was forecast to operate at LOS during the PM peak hour (0.785 ICU). The intersection would continue to operate at LOS C with an increase of 11 PM peak hour trips by the project (i.e., 0.007 ICU). Jackson Avenue/Garvey Avenue: This intersection was forecast to operate at LOS C during the PM peak hour (0.787 ICU). This intersection would continue to operate at LOS C with an increase of 11 PM peak hour trips by the project (i.e., 0.007 ICU). The project would not result in any new or greater traffic impacts or required new mitigation measures than identified by the Garvey Avenue Specific Plan EIR. Criteria for The Preparation of Traffic Impact Analysis Level of Service (LOS) Screening According to the City of Rosemead Traffic Impact Analysis Guidelines (February 2007) "[the City TIA Guidelines"], certain types of projects, because of their size, nature, or location, are exempt from the requirement of preparing a traffic impact analysis. The City of Rosemead has established guidelines for assessing Level of Service (LOS) impacts for General Plan operational compliance. As stated in the Rosemead TIA Guidelines, a traffic impact analysis must be prepared when the project is forecast to generate 50 or more net new vehicle trips during either the AM or PM peak hour. As shown in Table 26, the project is calculated 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 adopted guidelines. Based on the above traffic analysis, the project would not have any significant operational traffic impacts. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)T No Impact. CEQA Guidelines section 15064.3, subdivision (b) addresses project vehicle miles traveled (VMT). The traffic study that was prepared for the project includes a VMT analysis.57 California Senate Bill 743 (SB 743) directs the State Office of Planning and Research (OPR) to amend the California Environmental Quality Act (CEQA) Guidelines for evaluating transportation impacts to provide alternatives to Level of Service that "promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses." The 2020 CEQA Guidelines, specifically Section 15064.3, recommends the use of Vehicle Miles Travelled (VMT) as the primary metric for the evaluation of transportation impacts associated with land use and transportation projects. In general terms, VMT quantifies the amount and distance of automobile travel attributable to a project or region. All agencies and projects in California are required to utilize CEQA Guidelines Section 15064.3 that requires VMT to evaluate transportation impacts as of July 1, 2020. The CEQA Guidelines allow a lead agency the discretion to establish the VMT methodologies and thresholds, provided there is substantial evidence to demonstrate that the established procedures promote the intended goals of the legislation. Where quantitative models or methods are unavailable, Section 15064.3 allows agencies to assess VMT qualitatively using factors such as availability of transit and proximity to other destinations. The Office of Planning and Research (OPR) Technical Advisory on Evaluating Transportation Impacts in CEQA (State of California, December 2018) ["OPR Technical Advisory"] provides technical considerations regarding methodologies and thresholds with a focus on office, residential, and retail developments as these projects tend to have the greatest influence on VMT. 57 Garvey Avenue Specific Plan Amendment 21-01 Project Transportation Assessment, Ganddini Group, Inc., October 5, 2021, p. 12. Prospect Villa Mixed -Use Project Page 91 Mitigated Negative Declaration — February 16, 2022 The VMT analysis for the project is based on adopted City of Rosemead VMT guidelines.58 Consistent with recommendations in the OPR Technical Advisory, the City of Rosemead established screening criteria for certain projects that may be presumed to have a less than significant VMT impact and includes• projects located in low-VMT generating areas. The City's TIA Guidelines specify the following screening steps: 1) Project Type Screening; 2) Low VMT Area Screening; and 3) Transit Priority Areas Screening. Project Type Screening Some project types have been identified as having the presumption of a less than significant impact as they are local serving by nature, or they are small enough to not warrant assessment. The retail component of the project satisfies the City -established project type screening for local serving retail and may be presumed to result in a less than significant VMT impact. Transit Priority Area (TPA) Screening Projects located within a TPA (half mile area around an existing major transit stop or an existing stop along a high-quality transit corridor) may be presumed to have a less than significant impact absent substantial evidence to the contrary. There are currently no TPA areas within the City of Rosemead. Therefore, the project does not satisfy the City -established screening criteria for projects located within a TPA. Low VMT Area Screening Residential and office projects located within a low VMT generating area may be presumed to have a less than significant impact absent substantial evidence to the contrary. In addition, other employment- related and mixed-use land use projects may qualify for the use of screening if the project can reasonably be expected to generate VMT per resident, per worker, or per service population that is similar to the existing land uses in the low VMT area. A low VMT area is defined as an individual traffic analysis zone JAZ) where the total daily VMT is lower than 15% below the baseline total daily VMT. According to the maps in Rosemead Resolution No. 2020-22 (June 9, 2020), the project is located in a low VMT area 15% or more below San Gabriel Valley Council of Governments (SGVCOG) average daily residential home-based VMT per capita for Rosemead (2012), in a low VMT area 15% or more below SGVCOG average daily home-based VMT per employee for Rosemead (2012) and in a low VMT area 15% or more below SGVCOG average daily VMT per service population for Rosemead (2012). The project is located within all three low VMT areas and meets the 15% or more below SGVCOG baseline VMT criteria. Transit Priority Area (TPA) Screening Projects within a TPA (half mile area around an existing major transit stop or an existing stop along a high-quality transit corridor) may be presumed to have a less than significant impact absent substantial evidence to the contrary. Since there are currently no TPA areas within the City of Rosemead the project does not meet the City -established screening criteria for projects within a TPA. As a result, the project is located in three low-VMT generating areas and satisfies the screening criteria for a low-VMT generating area. Therefore, the project would have a less than significant VMT impact. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) orincompatible uses (e.g., farm equipment)? Less Than Significant Impact. Access to the project is provided from Prospect Avenue by a two-way driveway at the north end of the site. The proposed driveway would allow northbound right-tums in and northbound right-tums out of the site. The project would allow southbound left -turns into and southbound right -turns out of the site at Prospect Avenue. City of Rosemead Transportation Study Guidelines for Vehicle Miles Traveled and Level of Service Assessment, October 2020. Prospect Villa Mixed -Use Project Page 92 Mitigated Negative Declaration — February 16, 2022 • Truck Access and Circulation Service trucks for the commercial uses would have site access from Prospect Avenue by the driveway at the north end of the site. The project driveway at Prospect Avenue is 26 feet wide. The height of the two-way driveways into the parking areas of the building is 14 feet in height and 25 feet wide and would allow access for project residents, employees, small delivery trucks, emergency personnel, and garbage trucks adequate access to the parking areas and trash receptacles within the building. Delivery trucks would be limited to a maximum height of 10 feet for access into the parking areas for trash pick-up and commercial use deliveries. Truck deliveries shall occur only during off-peak hours so that any potential conflict between trucks and customers of the project site land uses would be minimal. There are no proposed driveways, curves, dangerous intersections, or site access designs that would significantly impact traffic or have significant circulation hazards. d) Result in inadequate emergency access? Less Than Significant Impact. The existing public streets and circulation system that serve the site would continue to provide adequate emergency vehicle access for the project. The proposed project driveway at the north project boundary at Prospect Avenue is 26 feet wide and open with no height restriction. Police, fire, paramediclambulance, and other emergency vehicles would have adequate site access to respond to on-site emergencies to the site via the proposed project driveway. As stated in section "VII. c)" above, the proposed project driveway at Prospect Avenue would be reviewed by the city, including the police and fire departments, to ensure the driveway has adequate widths and turning radius for emergency vehicles to safely enter and exit the site prior to the issuance of a building permit. The project would not significantly impact emergency access to the site. XVIII.TRIBAL CULTURAL RESOURCES: Would the project: a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1 (k). Potentially Significant Unless Mitigation Incorporated. As required by AB 52, the City mailed letters to the area Native American Indians that are on record with the City that may have cultural resources associated with the site. The Gabrieleno Band of Mission Indians — Kizh Nation (Kizh Nation) submitted a letter to the City requesting consultation. Because the project site lies within the ancestral tribal territory of the Kizh Nation, tribal cultural resources could exist on the site. The following mitigation measures are recommended to reduce potential impacts to Tribal resources, if present. Mitigation Measure No. 16 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 Prospect Villa Mixed -Use Project Page 93 Mitigated Negative Declaration — February 16, 2022 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. Mitigation Measure No. 17 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 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. Implementation of the recommended mitigation measures would reduce potential tribal cultural resource impacts to less than significant. 1./ Prospect Villa Mixed -Use Project Page 94 Mitigated Negative Declaration — February 16, 2022 ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Potentially Significant Unless Mitigation Incorporated. As discussed in section "XVlll.a.i" above, the project could significantly impact tribal resources if present. The implementation of the recommended mitigation measures would reduce potential impacts to tribal resources to less than significant. XIX. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunication facilities, the construction or relocation of which could cause significant environmental effects? Less Than Significant Impact. Water is currently provided to the project site by the Golden State Water Company. There is an existing 10 -inch water main in Garvey Avenue adjacent to the site that would serve the project. The 10 -inch water main has capacity to provide the required potable water supply and fire flow for the project without the need to construct new water supply facilities or expand existing facilities. An existing 8 -inch sewer line in Prospect Avenue adjacent to the site has existing capacity to serve the project. Wastewater in the existing 8 -inch sewer line flows south to Garvey Avenue and then east in Garvey Avenue and connects to an existing 27 -inch diameter sewer trunk line in San Gabriel Boulevard that is owned by the Los Angeles County Sanitation Districts. Wastewater in the 27 -inch sewer line flows to the Whittier Narrows Water Reclamation Plant located in the City of South EI Monte, which has capacity to treat the wastewater from the project.59 All other utilities required to serve the project, including storm drainage, electricity, natural gas and telecommunications are located in Prospect and Garvey Avenues and have capacity to serve the project and would not have to be relocated. The project would not have any significant public utility impacts. The project is estimated to consume approximately 14,031 gallons of water per day as shown in Table 27. The project is estimated to generate approximately 13,762 gallons per day of wastewater.60 The project water and wastewater needs can be accommodated by the existing facilities and construction of new or expanded water or wastewater facilities would not be required. The project would be required to install State mandated low flow water fixtures to minimize water consumption and wastewater generation. The project will not require the construction of any sewer or water lines and have any significantly environmental impacts. Table 27 Estimated Project Water Consumption b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less Than Significant Impact. Potable water is provided to the project site by the Golden State Water Company. As shown in Table 23, the project is estimated to consume approximately 14,031 gallons of water per day. Based on the Golden State Water Company, South San Gabriel Service Area 2020 Urban Water Management Plan, July 16, 59 Ms. Donna Curry, County Sanitation Districts of Los Angeles County, letter dated October 19, 2021. " Ibid. 61 City of Los Angeles, Bureau of Engineering. Prospect Villa Mixed -Use Project Page 95 Mitigated Negative Declaration — February 16, 2022 2021 the Golden State Water Company has an adequate water supply to meet the demand of the project into the future. The project would have a less than significant impact on water supply. c) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Less Than Significant Impact. Please see Section "XIX.a" above. d) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant Impact. The project would generate more solid waste from the site than the current uses due to an increase in the amount of development proposed for the site compared to the existing development on the site. The solid waste from the project would be hauled to the Puente Hills Materials Recovery Facility (MRF) in the City of Whittier and operated by the Sanitation Districts of Los Angeles County. The MRF separates recyclable material from municipal solid waste and all residual waste is hauled to permitted landfills and all recovered recyclable materials are recycled. The Puente Hills MRF is permitted to accept up to 4,400 tons per day (8,800,000 pounds/day) of municipal solid waste. The project is estimated to generate approximately 126 pounds per day of solid waste of which approximately 50% is recycled and the remaining 50% is hauled to a permitted landfill. The municipal solid waste generated by the project is not anticipated to significantly impact the permitted capacity of any Los Angeles County Sanitation Districts landfills. Solid waste collection will be required to conform to RMC 17.74.050(B)(7) in terms of collection hours, trash enclosures, screening, etc. The project will not have any significant solid waste impacts. Once the project is constructed and operational, it is estimated to generate approximately 383 pounds of solid waste per day." Of the 383 pounds, approximately 50%, or 192 pounds per day would be recycled and the balance of non -recycled material would be hauled to a permitted landfill. The 192 pounds of solid waste that is estimated to be generated by the project represents a nominal amount of the solid waste that would be hauled to a landfill that would serve the project. Therefore, the impact of the solid* waste generated by the project would be less than significant. e) Comply with federal, state, and local statutes and regulations related to solid waste? Less Than Significant Impact. The City of Rosemead complies with all Federal, State, and local statutes and regulations related to solid waste. The project would not have any solid waste impacts because the residents and commercial uses would be required to comply would all applicable solid waste statues and regulations and large quantities of solid waste would not be generated. XX. WILDFIRE: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? No Impact. The project does not propose any improvements that would impair or impact any emergency response or emergency evacuation plan associated with an emergency response to a fire in the closest Local Responsibility Area (LRA) or State Responsibility Area (SRA) fire hazard zones. b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? Less Than Significant Impact. There are no moderate, high or very high fire hazard severity zones in an SRA within the City of Rosemead 83 The closest SRA designated fire hazard zone is the open space in Turnball Canyon located approximately four miles southeast of the project and outside the City. There are also no Very High Fire Hazard Safety Zones in a LRA in the City of Rosemead. The 61 httos://www2.calrecycle.ca.govANasteCharacterization/General/Rates, Residential - 4 pounds/day/unit, Commercial —13 pounds/1,000 sq. ft/day. 63 https://osfm.fire.ca.gov/media/6705/fhszs_mapl9.pdf Prospect Villa Mixed -Use Project Page 96 Mitigated Negative Declaration — February 16, 2022 • closest LRA designated Very High Fire Hazard Safety Zone is the open space in the City of Whittier located approximately three miles southeast of the project. While the project is not within or adjacent to any LRA or SRA fire hazard areas, Santa Ana winds could expose project occupants and employees to smoke and other pollutants associated with wildfires located the LRA and SRA fire hazard areas southeast of the project. However, that exposure would not be site specific because much of the City of Rosemead and the general geographic area would be also be exposed and not the project site specifically. The project would not expose project occupants or employees to significant pollutant concentrations from a wildfire due to slope, prevailing winds or other factors. c) Reguire the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No Impact. The project would be required by the 2019 CBC to install fire sprinklers. However, the project would not be required to install and maintain any roads, fuel breaks, emergency water sources, power lines or other utilities to protect the project and the immediate area from a wildfire because the project is not located in a Moderate, High or Very High fire hazard zone as discussed in Section "XX. a." above. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result or runoff, post -fire slope instability, or drainage changes? No Impact. As discussed in Section "XX. a." above, the project is not located within a Moderate, High or Very High fire SRA or LRA hazard zone. The project site as well as the area surrounding the project site are relatively flat and there are no slopes or flooding that could impact the project site due to landslides as a result of slope runoff, post -fire slope instability or drainage changes. Therefore, the project would not be exposed and impacted by secondary impacts of a wildfire. • XXI. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant oranimal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? Less Than Significant Impact. The 0.946 -acre site is vacant and not developed. The site is sparely vegetated and the vegetation that is present includes introduced urban landscape materials. There are no rare, endangered, or sensitive plants or wildlife on the site that would be impacted by the project. The site is vacant, therefore there are no existing buildings that represent California history or prehistory that would be impacted by the project. The project would not significantly impact biological resources and would have no historical resource impacts. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Less Than Significant Impact. The City of Rosemead has identified eleven projects that, along with the proposed project, could have cumulative impacts. The cumulative projects are shown in Table 28 and their locations are shown in Figure 18. Prospect Villa Mixed -Use Project Page 97 Mitigated Negative Declaration — February 16, 2022 Table 28 Cumulative Projects Address Proposed Project Status #1 - 7419-7459 Garvey 20,000 sq. ft. commercial use and 218 plans Being Revised Avenue residential units #2 - 7801-7825 Garvey Mixed Use with 15,903 sq. ft. of commercial Avenue (office, retail, restaurant) and 60 residential Building Plan Check units Mixed Use with 87,919 sq. ft. of commercial #3 - 8002 Garvey Avenue hotel, office, retail, restaurant) and 92 Plans Being Revised residential units Mixed Use with 11,500 sq. ft. of commercial #4 - 8408 Garvey Avenue (office and retail) and 46 residential units, Under Construction including 7 low-income apartments Mixed Use with 7,200 sq. ft. commercial (office, #5 - 8449 Garvey Avenue retail, restaurant) and 35 residential units, Under Construction including 6 low-income apartments #6 - 8900 Glendon Way Five story Hampton Inn & Suites Hotel with 123 Building Plans Approved guest rooms #7 - 3133-3141 Willard 31 residential units Entitled Avenue #8 - 500 Montebello Six story Marriott Dual Hotel with 199 guest Entitlements Submitted Boulevard rooms #9 - 3035 San Gabriel Mixed Use with 51,711 sq. ft. commercial and Site Plan Review Boulevard 144 residential units #10 - 4316 Muscatel Avenue 10 condominiums Entitlements Submitted #11 - 8399 Garvey Avenue Proposed 15,000 sq. ft. medical clinic Entitled #12 — 3001 Garvey Avenue Mixed use with 18,646 sq. ft. of commercial Entitled and 42 condominiums Based on the air quality report, the short-term construction emissions and the long-term operational emissions of the project would not exceed any adopted air emission thresholds. Therefore, the project would not have any significant short -or long-term cumulative air quality impacts. The project would not have any individual or cumulative noise or traffic impacts. In addition, the project would not have any significant impacts associated with aesthetics, agricultural, biological resources, cultural resources, hazardous, hydrology, soils and geology, land use, public services, utilities or wildfire that along with the cumulative projects listed in Table 2817.74 would not result in any significant cumulative impacts. c) Does the project have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact. There are no significant impacts associated with the proposed project that would cause substantial adverse effects and significantly impact human beings either directly or indirectly. Prospect Villa Mixed -Use Project Page 98 Mitigated Negative Declaration — February 16, 2022 10 7 Phil Martin &Associates, Inc. East Hellman Avenue East Emerson Avenue AvenueGarvey Avenue 0� 3 Newmark Avenue Z Q @ v E D D > j C C @ @ East Graves Avenue Hellman Avenue Project Emerson Place Site / i 9 2 • o• Garvey `venue 3 m D m Tegner Drive Ackley Street e aeO�� QClQe60 Graves Avenue Q C3 c m N PROSPECT VILLA I CITY OF ROSEMEAD Valley Boulevard Marshall Street 6 m • a d a> Ramona Boulevard d 0 5 � c @ N 3 3 7 n • -o 0 11 5 12 m • •4 • • Garvey Avenue Rush Street 6 11�b yo�,`e 3a'C db^. �o 3 ��e co s 41s cde^. a poi North Montebello Boulevard A 0 X. 0 0 0 @ Marshall Street Flair Drive Telstar Rush Street Figure 18 Cumulative Project Location Map 0 N 3 a DO 0 d a MITIGATION MONITORING AND REPORTING PROGRANi..- PROSPECT VILLA MIXED-USE PROJECT SPECIFIC PLAN AMENDMENT 21-01, ZONE CHANGE 21-01 Lead Agency: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 (626)-569-2140 Project Proponent: Del Mar Properties 120 E. Valley Boulevard San Gabriel, CA 91776 (626)307-0062 Environmental Consultant: Phil Martin & Associates 1809 E. Dyer Road, Suite 301 Santa Ana, California 92705 (714)454-1800 February 22, 2022 0 1.0 MITIGATION MONITORING AND REPORTING PROGRAM 1.1 Introduction This is the Mitigation Monitoring and Reporting Program (MMRP) for the Prospect Villa Mixed -Use project. It has been prepared pursuant to the requirements of Public Resources Code §21081.6 which, among other things, states that when a governmental agency adopts or certifies a CEQA document that contains the environmental review of a proposed project, "The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation." The City of Rosemead is the lead agency for the project, and is therefore, responsible for administering and implementing the MMRP. The decision -makers must define specific reporting and/or monitoring requirements that will be enforced during project implementation and prior to final approval of the project. 1.2 Project Overview The project is located on a 0.946 -gross acre vacant site at the northeast corner of the intersection of Garvey Avenue and Prospect Avenue and proposes the development of a seven—story mixed-use development that totals 97,775 square feet that includes 6,346 square feet of nonresidential (retail/restaurant) 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, 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 project 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 project includes 17 two-bedroom live -work units, 34 two-bedroom apartments, 4 two-bedroom loft live -work units, 9 three-bedroom live -work units, 10 three-bedroom apartments and 1 four-bedroom apartment. The project proposes a total of 110,496 square feet of residential, commercial and access and hallway space on the 41,235 square foot site that results in a floor area ratio (FAR) of 2.7 compared to a maximum allowed FAR of 3.0 with the allowed provisions of community benefits by the Garvey Avenue Specific Plan. The building footprints covers 32,672 square feet of the project site, or approximately 79.2 percent of the site. The project proposes 12,547 square feet of landscaping, or 30 percent of the site and includes drought tolerant shrubs and ground cover, accent street trees, accent benches, and decorative planter pots in a 5 -foot wide parkway amenity zone along both Prospect Avenue and Garvey Avenue adjacent to the site. Landscaping is proposed for the courtyards of the fourth through seventh floors of the building and includes 24"x36" high planter walls. The project proposes 147 parking spaces, including 110 standard Prospect Villa Mixed -Use Project February 22, 2022 Mitigation Monitoring Reporting Prograni Page 1 spaces, 32 compact spaces, 4 handicap accessible spaces and 1 loading space. Of the 147 parking spaces, 42 parking spaces are proposed for the ground floor, 57 parking spaces are proposed for the second level and 48 parking spaces are proposed for the third level. The project proposes 3 more parking spaces for public parking than required by the Rosemead Municipal Code and consistent with the requirements of the community benefit program. The project also proposes 14 bicycles spaces. The height to the building to the top of the roof is 75 feet. The total height of the building, including the top of the parapet, is 80 feet. A driveway is proposed along the north project boundary to provide one point of vehicular access to the site from Prospect Avenue. A driveway that extends along the north project boundary would provide vehicular access from Prospect Avenue. The Prospect Avenue entry 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. The vehicular access driveway at Prospect Avenue is 26 -foot wide and open with no height restriction. However, there is a 12 -foot height restriction for access from the north site driveway into the ground floor parking. 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. Garvey Avenue Specific Plan Amendment The project includes an 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 for beer/wine sales in the Garvey Avenue Specific Plan (GSP) and Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zones. This proposed Amendment would continue to require a Conditional Use Permit for all other on-site alcohol sales for sit-down restaurants less than 6,000 square feet. The Garvey Avenue Specific Plan requires a Conditional Use Permit (CUP) for the development of a sit-down restaurant in both the GSP and GSP-MU zones. The Garvey Avenue Specific Plan states that for eating and drinking establishments with "On -Sale" ABC license, "A regional or national chain restaurant larger than 6,000 square feet to serve alcohol without a CUP in the GSP-MU zone, provided that a valid license from the California Department of Alcoholic Beverage Control (ABC) is obtained." Rosemead Municipal Code (RMC) Section 17.04.050 (Definitions - General) defines a 'Restaurant, Sit-down" 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." Prospect Villa Mixed -Use Project February 22, 2022 Mitigation Monitoring Reporting Program Page 2 e*1 The City recently adopted the Freeway Corridor Mixed -Use Overlay (FCMU) that encompasses six geographic areas within Rosemead. The areas total approximately 60 acres (186 parcels) and were selected based on proximity to the Interstate 10 (1-10) Freeway, location along primary City corridors, and adjacency to public transit lines. FCMU Overlay areas are located along Del Mar Avenue, San Gabriel Boulevard, Walnut Grove Avenue, Valley Boulevard, Temple City Boulevard, and Rosemead Boulevard. The FCMU Overlay identifies special provisions for land use, development standards, urban design, community benefits, and by -right uses, in addition to those in the existing underlying base zone, to support appropriate mixed-use and residential development. The FCMU Overlay also identifies public and private realm improvements that will further enhance the aesthetic and character of these areas. Similar to the Garvey Avenue Specific Plan, the FCMU Overlay requires a CUP for the development of an eating and drinking establishment with an "On -Sale" ABC license in both the FCMU-Corridor (FCMU-C) and FCMU-Block (FCMU-B) overlay zones. As shown in Table 2-1 Permitted Uses of the FCMU, "a sit-down restaurant larger than 1,000 square feet is permitted to serve beer/wine with an AUP (Administrative Use Permit), provided that a valid license from ABC is obtained. See RMC 17.30.040 for additional information related to alcohol beverage sales and RMC 17.04.050 for definition of a sit-down restaurant." To be consistent with the FCMU 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 the Amendment to allow a sit-down restaurant with beer/wine sales larger than 1,000 square feet, in the GSP and GSP-MU zones with an AUP. A sit-down 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 project site is also requesting a specific plan amendment from Garvey Avenue Specific Plan ( GSP) to Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) and a zone change from Garvey Avenue Specific Plan (GSP) to Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU). 1.3 Monitoring and Reporting Procedures This MMRP includes the following information: (1) mitigation measures that will either eliminate or lessen the potential impact from the project; (2) the monitoring milestone or phase during which the measure should be complied with or carried out; (3) the enforcement agency responsible for monitoring mitigation measure compliance; and (4) the initials of the person verifying the mitigation measure was completed and the date of verification. The MMRP will be in place through all phases of a project including project design (preconstruction), project approval, project construction, and operation (both prior to and post -occupancy). The City will ensure that all monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated Prospect Villa Mixed -Use Project February 22, 2022 Mitigation Monitoring Reporting Program Page 3 environmental monitor will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to rectify problems. Each mitigation measure is listed and categorized by impact area, with an accompanying discussion of: • The phase of the project during which the measure should be monitored; o Project review and prior to project approval ❑ During grading or building plan check review and prior to issuance of a grading or building permit ❑ On-going during construction ❑ Throughout the life of the project • The enforcement agency; and • The initials of the person verifying completion of the mitigation measure and date. The MMRP is provided as Table 1 (Mitigation and Monitoring Reporting Program). V Prospect Villa Mixed -Use Project February 22, 2022 Mitigation Monitoring Reporting Program Page 4 Table 1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Mitigation Measure Monitoring Enforcement Verification of Measure Milestone Agency Compliance No. Aesthetics 1. Prior to the issuance of a Prior to the City of building permit the project issuance of Rosemead applicant shall submit a a building Building lighting plan for approval by permit. Department Initial the Planning Division that incorporates any of the following light reducing Date measures as applicable: • Select lighting fixtures with more -precise optical control and/or different lighting distribution. • Relocate and/or change the height and/or orientation of proposed lighting fixtures. • Add external shielding and/or internal reflectors to fixtures. • Select lower -output lamp/lamp technologies • A combination of the above. Air Quality 2. Prior to the start and Prior to the City of throughout project start of Rosemead construction, the contractor construction Building shall implement and maintain and on- Department Initial the following fugitive dust going during control measures: construction. Apply soil stabilizers or Date moisten inactive areas. • Water exposed surfaces as needed to avoid visible dust leaving the construction site (typically 2-3 times/day). • Cover all stockpiles with tarps at the end of each day or as needed. • Provide water spray during loading and unloading of earthen materials. • Minimize in -out traffic from construction zone. • Cover all trucks hauling dirt, sand, or loose material and Prospect Villa Mixed -Use Project February 22, 2022 Mitigation Monitoring Reporting Program Page 5 require all trucks to maintain at least two feet of freeboard. • Sweep streets daily if visible soil material is carried out from the construction site. 3. Throughout project Throughout City of construction the contractor project Rosemead shall: construction. Building • Utilize well -tuned off-road Department Initial construction equipment. • Establish a preference for contractors using Tier 3 or Date better heavy equipment. • Enforce 5 -minute idling limits for both on -road trucks and off-road equipment. Cultural Resources 4. The project developer shall Prior to the City of retain a qualified professional start of Rosemead archaeologist who meets U.S. excavation Building Secretary of the Interior's activities. Department Initial Professional Qualifications and Standards, to conduct an Archaeological Sensitivity Date 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. Prospect Villa Mixed -Use Project February 22, 2022 Mitigation Monitoring Reporting Program Page 6 5. 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 I shall be establis the find where activities shall not to continue until archaeologist has the newly east 50 feet hed around construction be allowed a qualified examined 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. Throughout City of project Rosemead construction. Building Department Initial Date Cultural Resources 6. The project developer shall Prior to the City of retain a qualified professional start of Rosemead archaeologist, who meets the excavation Building Prospect Villa Mixed -Use Project February 22, 2022 Mitigation Monitoring Reporting Program Page 7 U.S. Secretary of the Interior's activities Department Initial Professional Qualifications and and Standards to conduct periodic throughout Archaeological Spot Checks project Date beginning at depths below 2' construction. 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 Prospect Villa Mixed -Use Project February 22, 2022 Mitigation Monitoring Reporting Program Page 8 V abundance and type of archaeological resources encountered. Full-time monitoring can be reduced to part-time inspections if determined adequate by the project archaeologist. 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 On-going throughout construction. 8. All construction equipment On-going shall be equipped with during project mufflers and other suitable construction. noise attenuation devices (e.g., engine shields). 9. Grading and construction On-going contractors shall use rubber- during project tired equipment rather than construction. track equipment, to the maximum extent feasible. 10. If feasible, electric hook-ups shall be provided to avoid the use of generators. If electric service is City of Rosemead Building Department Initial Date City of Rosemead Building Initial Department Date City of Rosemead Building Department Initial Date On-going City of during project Rosemead construction. Building Initial Department Prospect Villa Mixed -Use Project February 22, 2022 Mitigation Monitoring Reporting Program Page 9 Date Prospect Villa Mixed -Use Project February 22, 2022 Mitigation Monitoring Reporting Program Page 10 determined to be infeasible for the site, only whisper- Date quiet generators shall be used (i.e., inverter generators capable of providing variable load. 11. Electric air compressors and On-going City of similar power tools rather during project Rosemead than diesel equipment shall construction. Building Initial be used, where feasible. Department Date 12. Generators and stationary On-going City of construction equipment shall during project Rosemead be staged and located as far construction. Building Initial from the adjacent residential Department structures as feasible. Date 13. Construction -related On-going City of equipment, including heavy- during project Rosemead duty equipment, motor construction. Building Initial vehicles, and portable Department equipment, shall be turned off when not in use for more Date than 5 minutes. 14. A sign shall be posted in a On-going City of readily visible location at the during project Rosemead project site that indicates the construction. Building Initial dates and duration of Department construction activities, as well as provide a telephone Date number where residents can enquire about the construction process and register complaints to an assigned construction noise disturbance coordinator. 15. Dozers shall not operate On-going City of within 25 feet of the north during project Rosemead property line. construction. Building Initial Department Date Prospect Villa Mixed -Use Project February 22, 2022 Mitigation Monitoring Reporting Program Page 10 Tribal Cultural Resources 16. Prior to the commencement Prior to the City of of any ground disturbing start of any Rosemead activity at the project site, the ground Building Initial project applicant shall retain a disturbing Department Native American Monitor activity. approved by the Gabrieleno Date 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. Prospect Villa Mixed -Use Project February 22, 2022 Mitigation Monitoring Reporting Program Page 11 17. 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 archaeologist to constitute a "historical resource" or "unique archaeological resource," time allotment and funding sufficient to allow for implementation of avoidance On-going City of during Rosemead construction. Building Department Initial Date Prospect Villa Mixed -Use Project February 22, 2022 Mitigation Monitoring Reporting Program Page 12 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. Prospect Villa Mixed -Use Project February 22, 2022 Mitigation Monitoring Reporting Program Page 13 EXHIBIT "B" 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 Planning Commission approval date. The on-site public hearing notice posting shall be removed by the end of the 10 -day appeal period of Project. 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. 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 beat 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 f T 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 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 -tum only" sign shall be posted at the project driveway exit. The City's Traffic Engineer shall determine placement of such sign. 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, 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. 0 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 project. 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 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 City determined the application to be complete all to the satisfaction of the Public Works Department. V 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. 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 Chiefs 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 i 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. 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 0 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. 80. Generators and stationary construction equipment shall be staged and located as far from the adjacent residential structures as feasible. 10 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 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 I1 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. V U 12