PC - Item 4A - Modification 17-05 UpdateTO:
FROM
ROSEMEAD PLANNING COMMISSION
STAFF REPORT
THE HONORABLE CHAIR AND PLANNING COMMISSION
PLANNING DIVISION
DATE: SEPTEMBER 18, 2017
SUBJECT: MODIFICATION 17-05 (UPDATE)
9036-9038 GARVEY AVENUE
SUMMARY
On August 21, 2017, the Planning Commission held a duly noticed and advertised public
hearing to receive oral and written testimony relative to Modification 17-05, a request to
modify Design Review 14-06 to incorporate restaurant use by proposing to re-classify the
retail use to ashopping center use (Exhibit "A").
During the PlanningCommission meeting, the Planning Commission expressed their
concerns regarding the number of proposed restaurant uses and how off- street parking
could potentially be impacted as the proposed number of restaurant uses could result in
a shortage of off-street parking spaces. At the end of the public hearing, the Planning
Commission continued Modification 17-05 and directed staff to work with the applicant to
ensure that the existing conditions are sufficient to incorporate restaurant use into the
commercial building. To avoid re -noticing the public hearing the Planning Commission
motioned for staff to provide an update on Modification 17-05 at the September 18th
Planning Commission meeting. The motion resulted in a vote of four ayes.
STAFF RECOMMENDATION
It is recommended that the Planning Commission provide staff with direction on how to
proceed with Modification 17-05,
PROGRESS UPDATE
Since the Planning Commission meeting, staff has been working with the applicant on a
potential solution to mitigate any off-street parking impacts that may result from
incorporating restaurant use. Staff directed the applicant to obtain timeframes and cost ,
estimates from at least three traffic engineering firms for a parking study. The applicant
has presented staff with three parking study proposals from KOA Corporation, Stantec
Consulting Services Inc., and K2 Traffic Engineering, Inc., as attached in Exhibit'B The
range in cost is from $3,000- $3,500. Due to the cost and time, the applicant is requesting
that the Planning Commission limit the potential restaurant use to three out of the five
units, in lieu of requiring a parking study.
Planning Commission Meeting
September 18, 2017
Page 2 of 2
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by: Submitted by:
Annie Lao Lily T. Valenzuela
Assistant Planner Interim Community Development Director
EXHIBITS:
A. Planning Commission Staff Report, dated August 21, 2017
B. Parking Study Proposals
5 E M F ROSEMEAD PLANNING COMMISSION
o q STAFF REPORT
,NOORPORATED \959
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: AUGUST 21, 2017
SUBJECT: MODIFICATION 17-05
9036-9038 GARVEY AVENUE
SUMMARY
Connecticut Ave. XB, LLC has submitted a Modification Application requesting to modify
Design Review 14-06. Design Review 14-06 was approved by the Rosemead Planning
Commission on September 15, 2014; for a mixed use project consisting of a 6,500 square
foot retail building fronting Garvey Avenue and 48 residential units in the rear. To
incorporate restaurant use, the applicant is proposing to re-classify the retail use to a
shopping center use. Parking will not be impacted as the parking requirements for a
shopping center is consistent with retail use. The subject site is located at 9036-38 Garvey
Avenue (known as 9048Garvey Avenue), in the Medium Commercial with a Mixed Use
and Design Overlay (C-3/MUDO/D-0) zone. Per Rosemead Municipal Code (RMC)
Section 17,120.11 a proposed change that does not comply with the criteria identified
in subsection B of [RMC Section 17.120.1101, or any other provision of the Zoning Code,
may only be approved by the original review authority for the project through a modification
permit application filed and processed in compliance with [RMC Chapter 17.1201.
ENVIRONMENTAL DETERMINATION
Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempts
projects consisting of the operation, repair, maintenance,, permitting, leasing, licensing, or
minor alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or, no expansion of use beyond that existing at
the time of the lead agency's determination. Accordingly, Modification' 17-05 is classified
as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA guidelines.
STAFF RECOMMENDATION
It is recommended that the Planning Commission ADOPT Resolution No. 17-17 with
findings (Exhibit "A"), and APPROVE Modification 17-05, subject to the 102 conditions
outlined in Attachment 'W' attached hereto
EXHIBIT A
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Planning Commission Meeting
August 21, 2017
Page 3 of 24
SITE & SURROUNDING LAND USES
The project site is designated in the General Plan as Mixed Use: Residential/Commercial
(60 du/ac) and on the Zoning Map it is designated C-3/MUDO/D-O (Medium Commercial
with a Mixed Use and Design Overlay) zone. The site is surrounded by the following land
uses:
North
General Plan: Mixed Use: Industrial/Commercial
Zoning: Medium Commercial (C-3)
Land Use: Commercial
South
General Plan: Office/Light Industrial and Public Facilities
Zoning: Light Manufacturing and Industrial (M-1) and Open Space
Land Use: Industrial and Rio Hondo Wash
East
General Plan: Mixed Use: Residential/Commercial (60 du/ac) and Public facilities
Zoning; Medium Commercial with a Mixed Use and Design Overlay (C-3/MUDO/D-0) and Open Space
Land Use Commercial and Rio Hondo Wash
West
General Plan: Mixed Use: Residential/Commercial (60 du/ac)
Zoning: Medium Commercial with a Mixed Use and Design Overlay (C-3/MUDO/D-0)
Land Use: Commercial
ADMINISTRATIVE ANALYSIS
Design Review 14-06 was approved with 102 conditions of approval. "A copy of the
Planning Commission Staff Report; Planning Commission Resolution No. 14-12, and
meeting minutes have been included as Exhibit "D", "E", and "F", respectively. The
applicant is requesting to modify condition of approval number 1, which currently states:
"Design Review 14-06, Zone Variance 14-02, Zone Variance 14-03, and Tentative Tract
Map 72871 are approved for the construction of a new residential/commercial mixed use
development, in accordance with the plans marked Exhibit "C", dated August 28, 2014.'
Any revisions to the approved plans must be resubmitted for the review and approval of
the Planning Division." The purpose of modifying condition of approval number 1 is to
the retail use to a shopping center use, in order to allow for the incorporation of
restaurant use. The original site plan, included as Exhibit "G", was only approved for retail
use. For this reason; the applicant is proposing to revise the plans to re-classify the retail
use to.a shopping center use,
Preface, LLC, the original applicant for the project, had only planned to develop the
commercial building as retail use. For this reason, parking was calculated based on the
retail use at 1 parking space per 250 square feet of floor area. Since purchasing the.
commercial component of the mixed use project, Connecticut Ave. XB, LLC has received
letters of interest from restaurant chains, such as Waba Grill and Fins or Tails Poke Bar.
Due to the confidential nature of the letters of interest from these two restaurants, the
applicant has opted not to share the letters.
Planning Commission Meeting
August 21, 2017
Page 4 of 24
After receiving interest from Waba Grill and Fins or Tails Poke Bar, the applicant made the
decision to submit a modification application to incorporate restaurant use into the
commercial development. After reviewing the oft -street parking requirements and
consulting with the City Attorney's Office, staff has determined that the applicant's request
to convert the commercial component of the mixed use project into a shopping center is
compliant with the Rosemead Municipal Code. In addition, the applicant is not required to
provide a parking study. The mixed use project is unique in that the development is
designed as a horizontal mixed use, where the commercial component stands alone along
the front of the lot and the residential row townhomes is situated in the rear.
The retail building may be defined as a shopping center as it consists of five tenant
spaces. Per RMC Section 17.04.050, a shopping center means a commercial site with two
or more separate businesses managed as a total entity, sharing common access,
circulation, signage, and pedestrian and parking areas so that a public right-of-way does
not need to be used to get from one business to another in the C-1, C-3, and CBD zones.
In addition, parking will not be impacted as a shopping center (less than 100,000 square
feet) with more than four tenants is parked at a parking ratio of 1 parking space per 250
square feet of floor area. This is consistent with the parking ratio for retail use. The
applicant is not proposing any changes to the fagade or building floor plan of the retail
building.
Staff has also consulted the applicant's request with the City Engineer and since the
commercial building is only 6,500 square feet, the City Engineer did not foresee any
impacts to traffic. For this reason, the City Engineer did not request a traffic study.
Parking Analysis
The commercial component of the mixed use project, approved under Design Review 14-
106, was originally approved for a 6,500 square foot retail building. RMC Table
17.112.040.1 requires retail uses to be parked at a ratio of 1 parking space for every 250
square feet of floor area. Based on this requirement, a total of 26 parking spaces were
provided for the retail use.
The re-classification of the retail use to a shopping center use would allow for restaurant
use to be permitted without affecting parking requirements. According to RMC Table
17.112.040.1, a shopping center that has more than four tenants is parked ata ratio of 1
parking space for every 250 square feet of floor area if the total combined floor space of all
structures on the parcel is up to 100,000 square feet of floor area. Based on the parking
requirement, the retail building could be classified as a shopping center as it consists of
five tenant spaces and the required parking is consistent with retail use. The re-
classification of the 6,500 square foot retail building to a shopping center would require 26
parking spaces.
Planning Commission Meeting
August 21, 2017
Page 5 of 24
Use
Total Building Area
Parking
Required Parking
Provided
(s.f.)
Ratio
Spaces
Parking Spaces
Retail
6,500
1 space/250
26
26
s:f.
Shopping Center
6,500
1 space/250
26
26
S.f.
Floor Plan
The commercial portion of the mixed use project was approved for a 6,500 square foot
retail building with five tenants. The proposed modification will not increase the square
footage of the retail building or the number of tenants.
Staff has carefully reviewed the applicant's modification request to verify that the
modification would remain in conformity with the standards of the Rosemead Municipal
Code if Condition of Approval No. 1 is modified. Condition of Approval No. 1 currently
states:
Design Review 14-06, Zone Variance 14-02, Zone Variance 14-03, and ,
Tentative Tract Map 72871 are approved forthe construction of a new
residential/commercial mixed use development, in accordance with the
plans marked Exhibit "C", dated August 28, 2014. Any revisions to the
approved plans must be resubmittedfor the review and approval of the
Planning Division.
For this reason, it is recommended that Condition of Approval No. 1 be modified to state
the following:
Design Review 14-06, Zone Variance 14-02, Zone Variance 14-03, and
Tentative Tract Map 72871 are approved for the construction of a new
residential/commercial mixed use _development, in accordance with the
plans marked Exhibit "C", dated August 28, 2014. Modification 17-05
would re-classify the retail use to a shopping center use allowing for the
incorporation of restaurant use. Any revisions to the approved plans must
be resubmitted for the, review and approval of the Planning Division.
As a result of the applicant's request for this modification, it is recommended that the
following condition be revised and added to the Conditions of Approval for this project to
more accurately reflect both the nature of the project and the City's requirements for its
use. All other conditions of approval from Design Review 14-06, Zone Variance. 14-02,
Zone Variance 14-03, and Tentative Tract Map 72871 will remain. Condition of Approval
No. 1 will be .modified to reflect the re-classification of the retail use to a shopping center
use for the incorporation of restaurant use. Staff has verified that the proposed
modification' would be in compliance with the applicable development standards of the
Rosemead Zoning Code.
Planning Commission Meeting
August 21, 2017
Page 6 of 24
MUNICIPAL CODE REQUIREMENTS
Per Rosemead Municipal Code Section 17,28.020(A)(1), in the Design Overlay zone,
Design Review procedures shall be followed for all improvements requiring a building
permit or visible changes in form, texture, color, exterior fagade, or landscaping, On
September 15 2014, the Planning Commission approved Design Review 14-06 for a mixed
use project consisting of a 6,500 square foot retail building fronting Garvey Avenue and 48
residential units in the rear.
Rosemead Municipal Code Section 17.28.020(C) provides the criteria by which the
Planning Commission may approve, approve with conditions, or deny an application.
Per Rosemead Municipal Code Section 17.120.110(C), a proposed change that does not
comply with the criteria identified in subsection B of [RMC Section 17.120.110], or any
other provision of the Zoning Code, may only be approved by the original review authority
for the project through a modification permit application filed and processed in compliance
with [RMC Chapter 17.120].
The applicant has submitted a Modification Application requesting to modify Design
Review 14-06. Design Review 14-06, along with Zone Variance 14-02, Zone Variance 14-
03, and Tentative Tract Map 72871, which was approved by the Rosemead Planning
Commission on September 15, 2014, for a mixed use project consisting of a 6,500 square
foot retail building fronting GarveyAvenue and 48 residential units in the rear. The
applicant is proposing to re-classify the retail use to a shopping center use, in order to
incorporate restaurant use.
The commercial component of the mixed use project may be defined as a shopping center
as it consists of five tenant spaces, Per RMC Section 17.04.050, a shopping center
means a commercial site with two or more separate businesses managed as a total entity;
sharing common access, circulation, signage, and pedestrian and parking areas so that a
public right-of-way does not need to be used to get from one business to another in the C-
1, C-3, and CBD zones. In addition, parking will not be impacted as a shopping center
(less than 100,000 square feet) with more than four tenants is parked at a parking ratio of
1 parking space per 250 square feet of floor area. This is consistent with the parking ratio
for retail use. The re-classification of the 6,500 square foot retail building to a shopping
center would require the same number of parking spaces (26 parking spaces).
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which includes
a 300 -foot radius public hearing notice to twenty-six (26) property owners, publication in
the Rosemead Reader on August 10, 2017, and postings of the notice at the six (6) public
locations and on the subject site.
Planning Commission Meeting
August 21, 2017
Page 7 of 24
Prepared by; Submitted by;
Annie Lao Lily T. Valenzuela
Assistant Planner Interim Community Development Director
EXHIBITS:
A. Planning Commission Resolution 17-17 with Attachment "A" (Conditions of Approval)
B. Site/Floor Plans
C. Assessor Parcel Map (APN: 5282-026-052)
D. Planning Commission Staff Report, dated September 15,.2014
E. Resolution No. 14-12
F. Planning Commission Minutes, dated September 15, 2014
G. Site Plan for Design Review 14-06
Planning Commission Meeting
August 21, 2017
Page 8 of 24
EXHIBIT "A"
PC RESOLUTION 17-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MODIFICATION 17-05, A MODIFICATION OF DESIGN
REVIEW 14-06, TO RE-CLASSIFY THE COMMERCIAL COMPONENT OF
THE MIXED USE PROJECTTOA SHOPPING CENTER USE, FOR THE
INCORPORATION OF RESTAURANT USE. THE SUBJECT SITE IS
LOCATED AT 9036-38 GARVEY AVENUE, IN THE MEDIUM
COMMERCIAL WITH A MIXED USE AND DESIGN OVERLAY (C-
3/MUDO/D-O) ZONE (APN: 5282-026-052).
WHEREAS, on July 18, 2017, Connecticut Ave. XB, LLC submitted a Modification
application requesting to modify Design Review 14-06 to re-classify the retail use of the
commercial building to a shopping center use, for the incorporation of restaurant use at
9036-38 Garvey Avenue;
WHEREAS, 9036-38 Garvey Avenue is located in a Medium Commercial with a
Mixed Use and Design Overlay (C-3/MUDO/D-0) zone;
WHEREAS, Sections 17.120.110 and 17.28.020(C) of the Rosemead Municipal
Code provide the criterias for authorizing changes to an approved project and Design
Review;
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.120.110 of the Rosemead Municipal Code authorize the Planning Commission
to approve changes to development or new use authorized through a permit granted in
compliance with the zoning code;
WHEREAS, on August 10, 2017, twenty-six (26) notices were sent to property
owners within a 300 -foot radius from the subject property, the notice was published in the
Rosemead Reader, and notices were posted in six (6) public locations and on site,
specifying the availability of the application, and the date, time, and location of the public
hearing for Modification 17-05;
WHEREAS; on August 21, 2017, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Modification 17-
05; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
Planning Commission Meeting
August 21, 2017
Page 9 of 24
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Rosemead as follows:
SECTION 1. The Planning Commission HEREBY DETERMINES that Modification
17-05 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301. Section
15301 of the California Environmental Quality Act (CEQA) guidelines exempts projects
consisting of the, operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing at
the time of the lead agency's determination. Accordingly, Modification 17-05 is classified
as a Class i Categorical Exemption pursuant to Section 15301 of CEQA guidelines.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINESthat
facts do exist to justify approving Modification 17-05, in accordance with Section
17.120.110 and 17.28;020(A)(1) of the Rosemead Municipal Code as follows:
A. Per Rosemead Municipal Code, Section 17.120.110(C), a proposed change
that does not comply with the criteria identified in subsection B of [RMC Section
17.120.1101, or any other provision of the Zoning Code, may only be approved by the
original review authority for the project through a modification permit application filed and
processed in compliance with [RMC Chapter 17.120].
FINDING: The applicant has submitted a Modification Application requesting to
modify Design Review 14-06. Design Review 14-06, along with Zone Variance 14-02,
Zone Variance 14-03, and Tentative Tract Map 72871, which was approved by the
Rosemead Planning Commission on September 15, 2014, for a mixed use project
consisting of a 6,500 square foot retail building fronting Garvey Avenue and 48 residential
units in the rear. The applicant is proposing to re-classify the retail use to a shopping
center use, in order to incorporate restaurant use.
The commercial component of the mixed Use project may be defined as a shopping
center as it consists of five tenant spaces. Per RMC Section 17.04.050, a shopping center
means a commercial site with two or more separate businesses managed as a total entity,
sharing common access, circulation, signage, and pedestrian and parking areas so that a
public right-of-way does not need to be used to get from one business to another in the C-
1, C=3, and CBD zones. In addition, parking will not be impacted as a shopping center
(less than 100,000 square feet) with more than four tenants is parked at a parking ratio of
1 parking space per 250 square feet of floor area. This is consistent with the parking ratio
for retail use. The re-classification of the 6,500 square foot retail building to a shopping
center would require the same number of parking spaces (26 parking spaces).
SECTION 3. The Planning Commission 'HEREBY APPROVES Modification 17-05
for the modification of Design Review 1.4-06 to re-classify the commercial component of
the mixed use project to a shopping center for the incorporation of restaurant use at 9036-
Planning Commission Meeting
August 21, 2017
Page 10 of 24
38 Garvey Avenue, and subject to the conditions listed in Attachment "A" attached hereto
and incorporated herein by reference.
SECTION 4. This action shall become final and effective ten (10) days after this
decision by the Planning Commission, unless within such time a written appeal is filed with
the City Clerk for consideration by the Rosemead City Council as provided in Rosemead
Municipal Code, Section 17.160.040— Appeals of Decisions.
SECTION 5. This resolution is the result of an action taken by the Planning
Commission on August 21, 2017, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECTION 6. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 21St day of August, 2017.
Sean Dang, Chair
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 219t day of
August, 2017, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Lily T. Valenzuela, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
August 21, 2017
Page 11 of 24
ATTACHMENT `°A„
(PC RESOLUTION 17-17)
MODIFICATION 17-05
(ORIGINALLY DESIGN REVIEW 14-06, ZONE VARIANCE 14-02, ZONE VARIANCE 14-
03, AND TENTATIVE TRACT MAP 72871)
9036-38 GARVEY AVENUE
(APN: 5282-026-052)
CONDITIONS OF APPROVAL
AUGUST 21, 2017
Standard Conditions of Approval
1. Design 'Review 14-06, Zone Variance 14-02, Zone Variance 14-03, and Tentative
Tract Map 72871 are approved for the construction of a new residential/commercial
mixed use development, in accordance with the plans marked Exhibit "C", dated
August 28, 2014. Modification 17-05 would re-classify the retail use to a shopping
center use, allowing for the incorporation of restaurant use. Any revisions to the
approved plans must be resubmitted for the review and approval of the Planning
Division.
2. Approval of DesignReview14-06, Zone Variance 14-02, Zone Variance 14-03, and
Tentative Tract Map 72871 shall not take effect for any purpose until the Applicant
has filed with the City of, Rosemead a notarized affidavit stating that he/she is aware
of and accepts all of the conditions of approval as set forth in the letter of approval
and this list of conditions, within ten (10) days from the Planning Commission
approval date.
3. The onsite public hearing notice posting shall be removed by the end of the 10 -day
appeal period of Design Review 14-06, Zone Variance 14-02, Zone Variance 14-03;
and Tentative Tract Map 72871
4. Design Review 14-06, Zone Variance 14-02, Zone Variance 14-03, and Tentative
Tract Map 72871 are approved for a period of one (1) year. The Applicant shall
commence the proposed use or request an extension within 30 -calendar days prior
to expiration. The one (1) year initial approval period shall be effective from the
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 Design
Review 14-06, Zone Variance 14 -02, -Zone Variance 14-03, and Tentative Tract
Map 72871; have been unused, abandoned, or discontinued for a period of one (1)
year it shall become null and void.
Planning Commission Meeting
August 21, 2017
Page 12 of 24
5. The Planning Commission hereby authorizes the Planning Division to make and/or
approve minor modifications.
6. The following conditions must be complied with to the satisfaction of the Planning
Division prior to final approval of the associated plans, building permits, occupancy
permits, or any other appropriate request.
7. Design Review 13-02 and Tentative Tract Map 72347 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 modification of
existing or imposition of new conditions of approval based on changed
circumstances. Changed circumstances include, but are not limited to, the
modification of the use, a change in scope, emphasis, size, or nature of the use, or
the expansion, alteration, reconfiguration, or change of use. This reservation of right
to review is in addition to, and not in lieu of, the right of the City, its Planning
Commission, and City Council to review and revoke or modify any permit granted or
approved under the Rosemead Municipal Code for any violations of the conditions
imposed on Design Review 14-06, Zone Variance 14-02, Zone Variance 14-03, and
Tentative Tract Map 72871.
8. The Applicant shall defend, indemnify, and hold harmless the City of Rosemead or
its agents, officers, and employees from any claim, action, or proceeding against
the City of Rosemead or its agents, officers, or employees to attack, set side, void,
or annul, an approval of the Planning Commission and/or City Council concerning
the project, which action is brought within the time period provided by law.
9. The Applicant shall comply with all Federal, State, and local laws relative to the
approved use including the requirements of the Planning, Building, Fire, Sheriff and
Health Departments.
10. 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.
11. Occupancy will not be granted until all improvements required by this approval have
been completed, inspected, and approved by the appropriate department(s),
including but not limited to all Improvements required to file a final tract map and the
filing and recordation of that final map.
12. The numbers of the address signs shall be at least 6" tall with a minimum character
width of 3/4", contrasting in color and easily visible at driver's level from the street.
Materials, colors, location, and size of such address numbers shall be approved by
the Planning Division, prior to installation.
Planning Commission Meeting
August 21; 2017
Page 13 of 24
13. All requirements of the Planning Division, Building Division, and Public Works
Department shall be complied with prior to the final approval of the proposed
construction.
14. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m. Monday to
Saturday. No construction shall take place on Sundays or on any federal holidays "
without prior approval by the City.
15. The Planning, Building, and Public Works staff shall have access to the subject
property at any time during construction to monitor progress.
16. The site shall be maintained in a graffiti -free state. Any new graffiti shall be
removed within twenty-four (24) hours._A 24-hour, Graffiti Hotline can be called at
(626) 569-2345 for assistance..
17. The site shall be maintained in a clean, weed, and litter free state in accordance
with the Rosemead Municipal Code. All trash containers shall be stored in the
appropriate trash enclosure at all times. All trash, rubbish, and garbage receptacles
shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary
condition.
18. A detailed elevation drawing shall be submitted to the Planning Division for review
and approval all trash enclosures prior to submittal of construction drawings. All
trash enclosures shall be of an integral part of the building design, and incorporate
complementary colors and materials. All trash enclosures shall have a solid roof
cover and, doors shall be opaque, self-closing, and self -latching.
19. All commercial loading activities and trash pickup for the mixed use project .shall be
prohibited between the hours of 10:00 p.m. and 6:00 a.m. daily.
20. All off-street parking shall comply with the relevant section of the Rosemead
Municipal Code applicable as of the date these Conditions of Approval are adopted.
The parking area, including loading and handicapped spaces, shall be paved and
re -painted periodically to City standards to the satisfaction of the Planning Division.
In accordance with the currently applicable section of the Rosemead Municipal
Code; all designated parking spaces shall be double striped. Such striping shall be
maintained in a clear, visible, and orderly manner.`
21. The Applicant shall keep the electrical and mechanical equipment and/or
emergency exits free of any debris, storage, furniture, etc:; and maintain a minimum
clearance of five (5) feet.
22. All roof top appurtenances and equipment shall adequately be screened from view
to the satisfaction of the Planning Division. There shall be no mechanical
equipment located on the sides of the building., Such equipment shall not exceed
Planning Commission Meeting
August 21, 2017
Page 14 of 24
the height of the parapet wall. All ground level mechanical/utility equipment
(including meters, back flow preservation devices, fire valves, A/C condensers,
furnaces; utility cabinets and other equipment) shall 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 or other public space within the development. The
Planning Division shall approve said screening prior to inspection.
23. Prior to issuance of grading permits, the Applicant shall comply with the City's storm
water ordinance and storm water mitigation plan requirements with respect to the
proposed project.
24. Prior to issuance of any building permit related to this project, the Applicant shall
prepare Covenant Conditions and Restrictions (CC&R's) or other similar recorded
instrument indicating how and who will maintain proposed common areas. The
CC&R's shall be prepared by the Applicant and approved by the City Attorney and
shall include the following statements: "This statement is intended to notify all
prospective property owners of certain limitations on construction to residential
dwellings contained in this planned development project. Any necessary
modifications or additions must be reviewed on a case-by-case basis and approved
or denied by the Community Development Director or his/her designee at his/her
discretion". The CC&R's will cover all aspects of property maintenance of the
common areas, including but not limited to driveways, fencing, landscaping, lighting,
parking spaces, open space and recreational areas. All applicable City Attorney
fees shall be at the responsibility of the Applicant.
25. The Applicant shall include provisions in the CC&R's to provide maintenance of all
building improvements, on -grade parking and landscaping, and maintenance of the
driveway, in a manner satisfactory to the Planning Division, and in a form
acceptable to the City Attorney.
26. The subdivider shay include provisions in the CC&R's to require regular trash
pickup service at least once a week for the residential condominium trash bins, and
twice a week for the commercial tenant space trash bins.
27. Prior to recordation of the final map, the subdivider shall submit a comprehensive
Parking Management Plan for review and approval by the Planning Division or
designee. The Parking Management Plan shall be incorporated into the CC&R's
and shall be enforced by the property owners association. Said Parking
Management Plan shall include, but not be limited to, the following provisions:
• Designated parking for customers and employees.
• Parking permit procedures for overnight guest parking.
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August 21, 2017
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Every homeowner shall be allowed to keep up to two (2) vehicles on the premises.
The parking monitor/security guard shall be responsible for issuing overnight guest
parking permits when there are excess parking spaces available. Employee parking
shall be restricted to the retail parking areas only.
28. 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 indicted in the CC&R's prior to issuance of
any building permit.
29. Prior to the issuance of any sign permit, the Applicant shall submit a Master Sign
Program to the Planning Division for review and approval. The sign program shall
address sign materials, colors, height, width and location. It shall also address the
use of temporary signage such as banners as well as appropriate window signage.
Any proposed monument signs shall accommodate to obstructing sight lines
(Modified by the Planning Commission on September 15, 2014).
30. A final landscape and irrigation plan shall be submitted to the Planning Division for
review and approval prior to the issuance of building permits. The new planting
materials shall include a combination of colorful and drought tolerant trees, large
potted plants, shrubs, and low growing flowers. The landscape and irrigation plan
shall include a sprinkler system with automatic timers and moisture sensors.
31. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
32. Prior to the issuance of building permits; the Applicant shall submit a lighting plan
for approval by the Planning Division. The lighting plan shall include a schematic
depicting the location of lighting sources, as well as type of lighting proposed. The
lighting plan shall address the following criteria:
• Lighting shall be fully shielded to minimize glare and painted to match the
surface it is attached to.
• Light fixtures shall be architecturally compatible with the structure's design.
• Structure entrances should be well lit.
• Lighting and trees should not conflict with one another.
• The design of exterior parking lot lighting fixtures shall be compatible with the
architecture used in the development and not be on poles over 25 feet high.
: • Solar power lighting shall be used for common areas where feasible (Modified
by the Planning Commission on September 15, 2014).
33.' Exterior glass to be used for the project shall be subject to review and approval by
the Community Development Director. No exterior glass shall be approved if it
creates significant light and glare spillage to adjacent properties or highways.
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August 21, 2017
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34. Two weeks prior to commencement of construction, notification shall be provided to
the immediate surrounding off-site residential, school, and church uses that
discloses the construction schedule, including the types of activities and equipment
that would be used throughout the duration of the construction period.
Engineering Conditions of Approval
GENERAL
35. Details shown on the tentative map are not necessarily approved. Any details which
are inconsistent with requirements of ordinances, general conditions of approval, or
City Engineer's policies must be specifically approved in the final map or
improvement plan approvals.
36. A final tract map prepared by, or under the direction of a Registered Civil Engineer
authorized to practice land surveying, or a Licensed Land Surveyor, must be
processed through the City Engineer's office prior to being filed with the County
Recorder.
37. A preliminary subdivision guarantee is required showing all fee interest holders and
encumbrances. An updated title report shall be provided before the final parcel map
is released for filing with the County Recorder.
38. The final tract map shall be based on a field survey, and monuments shall be set to
permanently mark parcel map boundaries, street center lines and lot boundaries to
the satisfaction of the City Engineer. The basis of bearing used for the field survey
required for the final map shall include two survey well monuments found or set.
The City Engineer may waive this requirement upon petition should this be
impractical. Well monuments shall be set in accordance with standard plan No.
S08-001, if required.
39. Final tract map shall be filed with the County Recorder and one (1) Mylar copy of
filed map shall be submitted to the City Engineer's office. Prior to the release of the
final map by the City„a refundable deposit in the amount of $1,000 shall be
submitted by the developer to the City, which will be refunded upon receipt of the
Mylar copy of the filed map.
40. Comply with all requirements of the Subdivision Map Act.
41. Approval for filling of this land division is contingent upon approval of plans and
specifications mentioned below. If the improvements are not installed prior to the
filing of this division, the developer must submit an Undertaking Agreement and a
Faithful Performance and Labor and Materials Bond in the amount estimated by the
City Engineer guaranteeing the installation of the improvements.
Planning Commission Meeting
August 21,2017
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42. The City reserves the right to impose any new plan check and/or permit fees
approved by City Council subsequent to tentative approval of this map.
43. The project plans indicate that the airspace in the six buildings shall be subdivided
(a condominium) requiring the filing of a tentative tract mapwith the City of
Rosemead to be followed by the recording of a final map. The final map shall be
based on a field survey performed by a Licensed Land Surveyor (or by a registered
Civil Engineer authorized to practice land surveying), with all monuments (horizontal
control) being set to the satisfaction of the City Engineer and/or City Land Surveyor
of the City of Rosemead. ,
44. Prior to performing any grading, obtainer permit from the Engineering Department.
Submit grading and drainage plans pre the City's grading guidelines and the latest
edition of the Los Angeles County Building Code. The plans shall be stamped and
signed by a California State Registered Civil Engineer.
45. Prior to the recordation of the final map, grading and drainage plans must be
approved to provide for contributory drainage from adjoining properties as approved
by the City Engineer, including dedication of the necessary easements.
46. A grading and drainage plan must provide for each lot having an independent
drainage system to the public street, to a public drainage facility, by means of an
approved drainage easement, or by the existing drainage channel (Modified by the
Planning Commission on September 15, 2014).
47. Historical or existing storm water flow from adjacent lots must be received and
directed by gravity to the public street, to a public drainage facility, by means of an
approved drainage easement, or by the existing drainage channel (Modified by the
Planning Commission on September 15, 2014):-
48. Prepare and submit hydrology and hydraulic calculations for sizing of all proposed
drainage devices. The analysis shall also determine if changes in the post
development versus pre development conditions have occurred. The analysis shall
be stamped by a California State Registered Civil Engineer and prepared per the
Los Angeles County Department of Public Works Hydrology Method.
49. All grading projects require an Erosion Control Plan as part of the grading plans.
Grading permit will not be issued until and Erosion Control Plan is approved by the
Engineering Department.
50. The project is greater than one acre; therefore, a Storm Water Pollution Plan is
required. A Notice of Intent (NOI) shall be filed with the State Water Resources
Control Board. When submitting the SWPPP for the City's review, please include
the NO] and the Waste Discharger Identification (WDID) number.
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August 21, 2017
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51. New drive approaches shall be constructed at least 3' from any above -ground
obstructions in the public right-of-way to the top of "x" or the obstruction shall be
relocated. New drive approaches shall be limited to the frontage of the parcel The
drive approach is intended to serve, and is designed to the satisfaction of the City
Engineer.
52. All work proposed within the public right-of-way shall require permits from the Public
Works Department
53. Remove and replace existing curb and gutter from westerly property line to easterly
property line.
54. Remove and replace sidewalk from westerly property line to easterly property line,
minimum seven feet wide.
55. Remove and construct driveway approaches as indicated on the plans.
56. Remove existing trees and replace with 48 -inches box min. Contact City Arborist for
tree species recommendations.
SEWER
57. Approval of this land division is contingent upon providing a separate house sewer
lateral to serve each lot of the land division.
58. Prepare and submit a sewer calculations analysis for sizing of proposed laterals
including capacity conditions of existing sewer trunk line. The analysis shall be
stamped by a California State Registered Civil Engineer and prepared per the Los
Angeles County Department of Public Works Guidelines.
59. 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
60. All power, telephone and cable television shall be underground.
61. Any utilities that are in conflict with the development shall be relocated at the
developer's expense.
62. Existing street lights are not shown on the proposed project plans, nor are proposed
streetlights shown. A street lighting plan shall be developed using ornamental lights
with underground services as necessary to accommodate the proposed
development and to obtain the approval of the City Engineer. The applicant shall
Planning Commission Meeting
August 21, 2017
Page 19 of 24
bear all costs to provide street lighting, etc., if required. In addition, all utility services
to serve the proposed project shall be placed underground.
WATER
63. Prior to the filing of the final map, there shall also be filed with the City Engineer, a
statement from the water purveyor indicating subdivider compliance with the Fire
Chief's fire flow requirements.
Traffic Conditions of Approval
64. The applicant shall construct the on-site circulation system in substantial
compliance to the site plan submitted in the traffic impact study.
65: Vehicle access shall be left turn in, right turn in, and right turn out only. Outbound
left turns shall be prohibited by construction of a raised center median (See Traffic
Impact Study Exhibit Q), and appropriate turn restriction signs to the satisfaction of
the City.
66. A stop sign, stop bar, and stop legend shall be installed and maintained at the
project exit, and traffic calming devices shall be installed in the primary access drive
consistent with the existing easement conditions (Modified by the Planning
Commission on September 15, 2014).
67. The applicant shall be responsible for the design and modification of the existing
raised center median on Garvey Avenue at the project driveway to prohibit
outbound left turns. The median shall be constructed per City standards prior to
occupancy of any buildings.
68: A sight distance analysis at the driveway along Garvey should be prepared.
69: All residential parking spaces shall be signed and marked as noted in the Traffic
Impact Study (Exhibit O).
70. Radiused'curbs shall be constructed on the raised planters adjacent to all parallel
parking spaces and shall not extend deeper than 7 -feet from the inside edge of the
parking space for improved parking access.
71. All improvements recommended by the Traffic Impact Study, prepared by RK
Engineering Group, LLC shall comply prior to the Building and ,Safety final
inspection (Added by the Planning Commission on September 15, 2014).
Fire Department Conditions of Approval
(Added by the Planning Commission on September 15 2014)
Planning Commission Meeting
August 21, 2017
Page 20 of 24
72. Provide the bond verification for the improvements prior to the clearance of the Final
Map.
73. Submit the Final Map to the Land Development Unit for review.
74. Submit the Grading Plan to the Land Development Unit for review.
75. Submit a minimum of three (3) copies of the water plans indicating the new fire
hydrant locations to the Fire Department's Land Development Unit for review. All
required PUBLIC fire hydrants shall be installed, tested and accepted prior to
beginning construction.
ACCESS
76. The Tentative Tract Map, as submitted, meets current Fire Department
requirements for access.
77. Prior to the issuance of any building permits, the required Fire Apparatus Access
Roads and the fire hydrants shall be inspected for compliance by the County of Los
Angeles Fire Department.
78. All on-site Fire Department vehicular access roads shall be labeled as "Private
Driveway and Fire Lane" on the site plan along with the widths clearly depicted on
the plan. Labeling is necessary to assure the access availability for Fire
Department use. The designation allows for appropriate signage prohibiting
parking.
79. Fire Department vehicular access roads must be installed and maintained in a
serviceable manner prior to and during the time of construction. Fire Code 501 A
80. All fire lanes shall be clear of all encroachments, and shall be maintained in
accordance with the Title 32, County of Los Angeles Fire Code.
81. The Fire Apparatus Access Roads and designated fire lanes shall be measured
from flow line to flow line.
82. Provide a minimum unobstructed width of 28 feet, exclusive of shoulders and an
unobstructed vertical clearance "clear to sky' Fire Department vehicular access to
within 150 feet of all portions of the exterior walls of the first story of the building, as
measured by an approved route around the exterior of the building when the height
of the building above the lowest level of the Fire Department vehicular access road
is more than 30 feet high, or the building is more than three stories. The access
roadway shall be located a minimum of 15 feet and a maximum of 30 feet from the
building, and shall be positioned parallel to one entire side of the building. The side
Planning Commission Meeting
August 21, 2017
Page 21 of 24
of the building on which the aerial fire apparatus access road is positioned shall be
approved by the fire code official. Fire Code 503.1.1 & 503.2.2
83. The dimensions of the approved Fire Apparatus Access Roads shall be maintained
as originally approved by the fire code official. Fire Code 503.2.2.1
84. Dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with an approved Fire Department turnaround. Fire Code 503.2.5
85. Fire Department vehicular access roads shall be provided with a 32 foot centerline
turning radius. Fire Code 503.2.4
86, Fire Apparatus Access Roads shall be designed and maintained to support the
imposed load of fire apparatus weighing 37 1/2 tons and shall be surfaced so as to
provide all-weather driving capabilities. Fire apparatus access roads having a grade
of 10 percent or greater shall have a paved or concrete surface. Fire Code 503.2.3
87. Provide approved signs or other approved noticesor markings that include the
words "NO PARKING - FIRE LANE". Signs shall have a minimum dimension of 12
inches wide by 18 inches high and have red letters on'a white reflective
background. Signs shall be provided for fire apparatus access roads, to clearly
indicate the entrance to such road, or prohibit the obstruction thereof and at
intervals, as required by the Fire Inspector. Fire Code 503.3
88. A minimum 5 foot wide approved firefighter access walkway leading from the fire
department access road to all required openings in the building's exterior walls shall
be provided for firefighting and rescue purposes. Fire Code 504.1
89. Fire Apparatus Access Roads shall not be obstructed in any manner, including by
the parking of vehicles, or the use of traffic calming devices, including but not limited
to, 'speed bumps or speed humps. The minimum widths and clearances
established in Section 503.2.1 shall be maintained at all times. Fire Code 503.4
90. Traffic Calming Devices, including but not limited to, speed bumps and speed
humps, shall be prohibited unless approved by the fire code official. Fire Code
503.4.1
91. Security barriers, visual screen barriers or other obstructions shall not be installed
on the roof of any building in such a manner as to obstruct firefighter access or
egress in the event of fire or other emergency. Parapets shall not exceed 48 inches
from the top of the parapet to the roof surface on more than two sides. Fire Code
504.5
92. Approved building address numbers, building numbers or approved building
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August 21, 2017
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identification shall be provided and maintained so as to be plainly visible and legible
from the street fronting the property. The numbers shall contrast with their
background, be Arabic numerals or alphabet letters, and be a minimum of 4 inches
high with a minimum stroke width of 0.5 inch. Fire Code 505.1
93. Multiple residential and commercial buildings having entrances to individual units
not visible from the street or road shall have unit numbers displayed in groups for all
units within each structure. Such numbers may be grouped on the wall of the
structure or mounted on a post independent of the structure and shall be positioned
to be plainly visible from the street or road as required by Fire Code 505.3 and in
accordance with Fire Code 505.1.
WATER SYSTEM
94. All fire hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current
AWWA standard C503 or approved equal, and shall be installed in accordance with
the County of Los Angeles Fire Department Regulation 8.
95. All on-site fire hydrants shall be installed a minimum of 25' feet from a structure or
protected by a two (2) hour rated firewall. Exception: For fully sprinkled multi -family
structures, on-site hydrants may be installed a minimum of 10 feet from the
structure. Fire Code Appendix C106
96. All required PUBLIC fire hydrants shall be installed, tested and accepted prior to
beginning construction. Fire Code 501.4
97. All private on-site fire hydrants shall be installed, tested and approved prior to
building occupancy. Fire Code 901.5.1
Plans showing underground piping for private on-site fire hydrants shall be
submitted to the Sprinkler Plan Check Unit for review and approval prior to
installation. Fire Code 901.2 & County of Los Angeles Fire Department
Regulation 7
FIRE FLOW
98. The required fire flow for the public fire hydrants for this project is 3750 gpm at 20
psi residual pressure for 3 hours. Three (3) public fire hydrants flowing
simultaneously may be used to achieve the required fire flow. Fire Code 507.3 &
Appendix B105.1
99. The required fire flow for the on-site private fire hydrants for this project is1250 gpm
at 20 psi residual pressure for 2 hours. One (1) on-site fire hydrant flowing
simultaneously may be used to achieve the required fire flow.
Planning Commission Meeting
August 21, 2017
Page 23 of 24
PUBLIC FIRE HYDRANTS
100. Install one (1) public fire hydrant as noted by the Fire Department on the plan dated
August 20, 2014.
101. The fire flow for the existing public fire hydrant is adequate per the fire flow test
dated May 20, 2014 by the San Gabriel Valley Water Company is adequate.
PRIVATE ON-SITE FIRE HYDRANTS
102. Install one (1) private on-site fire hydrant as noted on the plan dated August 20,
2014.
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KOA CORPORATION Monterey Park, CA 91754
PLANNING & ENGINEERING t 323-260-4703 f: 323-260-4705
w .koacorporation.conn
August 31, 2017
Mr. Billy Huang
Connecticut Ave XB LLC
5581 Daniels Street, Suite B
Chino, CA 91710
Subject: Parking Study Proposal — 9036-9038 Garvey Avenue, Rosemead
(KOA Proposal MB71194)
Dear Mr. Huang:
Thank you for requesting KOA Corporation to provide this proposal for a parking study of the proposed 9036-
9038 Garvey Avenue commercial project in the City of Rosemead. The project will provide a 6,500 sq.ft.
commercial building, separate from an adjacent multi -family residential project directly to the south. The building
will provide tenant space for retail and restaurant uses.
KOA has defined the scope of work based on correspondence with you. It is provided below for review by
ConnecticutAve XB LLC (Client), followed by a fee estimate. Please let us know if you have any questions or
comments regarding this letter proposal.
Scope of Work
A. KOA will develop shared parking demand tables for weekday and weekend conditions, using a
comparison between City Code parking requirements and ITE Parking Generation rates, and hourly
intensity rates defined by the Urban Land Institute.
B. KOA will provide analysis results that speak to the adequacy of the site parking supply with the
development of the project, and will use shared parking analysis tools that estimate the hourly demand of
the proposed uses based on demand estimates and typical hourly fluctuations. The summary of the
analysis will be provided in a technical memorandum format.
C. KOA will coordinate with the City and Client as needed for the completion, review, and approval of the
parking document.
Meetings'
KOA Corporation has not allowed for any in-person meetings within this contract, and they should not be
needed for a project of this nature. KOA will be available for general coordination and short conference calls to
discuss progress and results:
LOS ANGELES EXHIBIT B
KOA CORPORATION
• PLANNING & ENGINEERING
Fee Estimate
KOA will perform the work specified in the work scope above for the fee defined below. KOA policies require
on this project receipt of a deposit in the amount of $1,750 (507.) before the start of work, for new clients, which
will be applied to the final invoice for the project scope defined in this proposal.
Tasks Fee
Parking Demand Calculations $ 1,200
Summary Document $ 1,500
Coordination with Client and City $ 800
Total: $ 3,500
The budget is based upon the work scope and level of effort presented above and includes the cost of all related
technical and administrative services. The work scope is considered complete upon submittal of a final document
by KOA. Any additional services requested after study submittal will be considered as extra work and those fees
will be negotiated prior to start of work and secured in writing.
If the work described within this letter isnot authorized in 30 days, if changes occur in the work scope or level of
effort, or if our work is suspended for more than 180 days due to any circumstances beyond KOA Corporation's
control, we reserve the right to revise the work scope, budget and schedule to reflect current conditions. Such
revisions will be effected through mutually agreed upon amendments or modifications to this agreement.
The proposal is valid for 30 days and is subject to a 5% annual adjustment. Also, any individual tasks that are not
authorized within 30 days of the date of this proposal are also subject to fee adjustments.
Services rendered for out -of -scope work will be billed based on a negotiated fee schedule. Out -of -scope work
generally includes items not specifically detailed in the work scope above, and specifically includes the following:
• Parking surveys outside of the site boundaries;
• Traffic counts data collection or traffic impact study efforts;
• Production of an expanded or modified study based on later City involvement in the parking study;
• Attendance of meetings, public hearings or participation in extended conference calls with the Client
and/or City staff. Participation at future meetings with the Client/City staff and at public hearings can be
provided under a contract addendum; and
Staffing
Brian Marchetti will be the project manager and the person to contact regarding the status of this project. KOA
Corporation reserves the right to change the assigned staffing on this project if necessary.
Invoicing
Invoices will be submitted monthly, based upon our estimated percentage of completion. Accounts are past due
after 30 days. All work will be immediately stopped if any invoice is unpaid for 60 days or more, and such
Parking Study Proposal— 9036-9038 Garvey Avenue, Rosemead Page 2
Prepared for Connecticut Ave XB LLC - MB71194
August 31, 2017
KOA CORPORATION
PLANNING& ENGINEERING
delinquent invoice payments may be subject to a late payment penalty of 1.5 percent per month and/or turned
over to a collections agency at our discretion.
In any lawsuit brought to enforce the terms of this contract, the prevailing party shall be entitled to their
reasonable attorneys fees. Invoices will be sent from the Monterey Park office address of KOA.
Termination
The Client or KOA may terminate this agreement by, giving the other party ten days written notice of such
termination. KOA shall receive fee payments from the Client proportionate to the services completed as of the
date of termination. The Client will be entitled to receive deliverables at the level of completion relative to the
fee payments received by KOA. All outstanding valid invoices shall be paid to KOA.
Indemnification
KOA Corporation and Connecticut Ave XB LLC each agree to indemnify and hold the other harmless from any
and all losses, damages, awards, penalties or injuries or costs, including reasonable attorney's fees and cost of
defense, which accrue or arise from or result by reason of a claim asserted by a third party which arises from any
alleged breach of such indemnifying party's representations and warranties made under this Agreement or such
indemnifying party's own negligent acts, errors, and omissions in the performance of their obligation under this
Agreement or with respect to the Project.
Insurance
KOA Corporation is fully able to meet the insurance requirements of projects of this type. The firm has coverage
in the following areas: Professional Liability ($1 million per claim, $2 million aggregate), Automobile Liability ($2
million) and General Liability ($5 million). Our Worker's Compensation coverage meets the insurance
requirements of California State law.
Work Schedule
KOA Corporation envisions a five-day to seven-day schedule from the date of receipt of both written
authorization of this contract letter and the required deposit, to the delivery of an initial summary report to the
Client. Submittals to the Client are planned to be provided in PDF format via email, but hard copies can also be
mailed by KOA if requested by the Client.
Incorporation of comments can be accomplished within one to two business days.
Parking Study Proposal 9036-9038 Garvey Avenue, Rosemead Page 3
Prepared for Connecticut Ave XB LLC M871194
August 31, 2017
4 F KOA CORPORATION
PLANNING & ENGINEERING
Authorization
The receipt by KOA of both a signed copy of this proposal letter and the required deposit indicate acceptance of
this proposal and authorization to proceed.
Sincerely,
Connecticut Ave XB LLC (Client) has carefully reviewed
this proposal and hereby authorizes KOA Corporation to
commence work as indicated within the terms and
Joel Falter conditions of this proposal
Chief Operating Officer
KOA CORPORATION
Signature
Name (Please Print)
Title (Please Print)
Date
Parking Study Proposal - 9036-9038 Garvey Avenue, Rosemead
Prepared for Connecticut Ave XB LLC
August 31, 2017
MB71 194
e.} } Stantec Consulting Services Inc.
�t
Stn Ge C 46 Discovery Suite 250, Irvine CA 9261,8
August 31, 2017
File: 631676
Attention: Mr. Ben Long
Connecticut Ave XB LLC
(314) 489-4408
longAnxing'] 987@gmail.com
Dear Mr. Long,
Reference: Parking Analysis Memo Report, 4048 Garvey Avenue, Rosemead, CA
Thank you for providing Stantec Consulting Services Inc. the opportunity to submit this proposal to
Connecticut Ave XB LLC (Client) to provide traffic engineering services for evaluation of on-site
parking associated with development of the 9048 Garvey (Project) in Rosemead, CA. This
proposal has been prepared based on information provided by you via phone conversation and
email on August 29 and discussion with Ms. Lily Valenzuela of the City of Rosemead on August 30,
2017.
We understand that the Project was approved for development of 6,500 square feet of retail use
with 26 on-site parking spaces (4/1000 sf). The approved retail use does not allow restaurant use.
Due to interest of potential tenants, Client has requested modification of the zoned site use from
retail to shopping center which would allow restaurant use. Shopping center use requires the
same number of on-site parking spaces, 26 (4/1000 sf), as retail use. However, the Planning
Commission has requested a study be performed to evaluate if the provided 26 spaces would be
adequate for inclusion of on-site restaurant, use prior to the zone change approval.
Approximately one-half of the 6,500-sf building area would be developed as restaurant use.
1. SCOPE OF SERVICES
1. Parking Analysis Memo Report
Stantec will prepare a letter format memorandum that identifies the anticipated peak parking
demand for each use and the internal trip capture rate between the considered retail and
restaurant Uses of the project.This internal trip capture dynamic is anticipated to reduce external
trips to the site by up to 357o and reduce the demand for on-site parking accordingly. Internal trip
capture estimates will be based on Institute of Transportation Engineers (ITE) guidelines. This
methodology was discussed with Ms. Lily Valenzueta of the City Planning Department and is
considered relevant in addressing, potential Planning Commission issues and concerns. The
parking analysis memorandum will be prepared by Mr. Keith Rutherfurd, a California licensed
Traffic Engineer. No parking or traffic volume counts are included in this scope of work.
Design with community in mind
August 31, 2017
Mr. Ben Long
Page 2 of 3
Reference: Parking Analysis Memo Report, 9048 Garvey Avenue, Rosemead, CA
2. Planning Commission Meeting Attendance
Stantec will attend one (1) Planning Commission meeting to discuss the findings of our analysis and
to represent the Client. If attendance at additional meetings is required, it will be billed on a time -
and -materials basis with prior Client authorization.
II. PROPOSED FEES
We will provide our services for a fixed -fee of $3;500.
We appreciate the opportunity to submit this proposal and look forward to being of service to you
on this Project. If this proposal is acceptable, please indicate your approval by signing and
returning a copy to our office. Should you have any questions, please contact me at (949) 923-
6952.
Regards,
STANTEC%CONSULTING SERVICES INC.
Z6cG K. August 31, 2017
Keith R. Rutherfurd
Senior Associate
Phone: (949) 923-6952
Fax: (949) 261-8482
keith-rutherfurd@stantec.com
Design with community in mind
August 31, 2017
Mr. Ben Long
Page 3 of 3
Reference: Parking Analysis Memo Report, 9048 Garvey Avenue, Rosemead, CA
By signing this proposal, Connecticut Ave XB LLC, authorizes Stantec Consulting Services Inc. to
proceed with the services herein described and the Client acknowledges that it has read and
_agrees to be bound by the attached Professional Services Terms and Conditions.
This proposal is accepted and agreed on the 31 st day of August 2017.
Por
'Connecticut Ave XB LLC
Ben Long, Owner
Print Name & Title Signature
Attachment:
Rate Schedule
Professional Services Terms and Conditions
dzdocumen@
Resign with community in mind -
5 Stantec
SCHEDULE OF BILLING RATES —2017
Billing
Hourly
Description
Level
- Rate
Junior level position
3
$75
❑ Independently carries out assignments of limited scope using standard procedures, methods and
4
$83
techniques
❑ Assists senior staff in carrying out more advanced procedures
5
$93
❑ Completed work is reviewed for feasibility and soundness of judgment
❑ Graduate from an appropriate post -secondary program or equivalent
❑ Generally, one to three -ears' experience
Fully Qualified Professional Position
6
$101
❑ Carries out assignments requiring general familiarity within a broad field of the respective profession
7
$109
Ll Makes decisions by using a combination of standard methods and techniques
❑ Actively participates in planning to ensure the achievement of objectives
8
$117
q Works independently to interpret information and resolve difficulties
❑ Graduate from an appropriate post -secondary program, with credentials or equivalent .
❑ Generally, three to six years' experience
First Level Supervisor or first complete Level of Specialization
9
$125
❑ Provides applied professional knowledge and initiative in planning and coordinating work
programs
10
$135
❑ Adapts established guidelines as necessary to address unusual issues
1 7
$144
:3 Decisions accepted as technically accurate, however may on occasion be reviewed for
soundness of judgment
❑ Graduate from an appropriate post -secondary program, with credentials or equivalent
❑ Generally, five to nine ears' experience
Highly Specialized Technical Professional or Supervisor of groups of professionals
❑ Provides multi -discipline knowledge to deliver innovative solutions in related field of expertise
12
$154
12Participates in short and long range planning to ensure the achievement of objectives
13
$165
❑ Makes responsible decisions on all matters, including policy recommendations, work methods, and
financial controls associated with large expenditures
14
$175
❑ Reviews and evaluates technical work
❑ Graduate from an appropriate post -secondary program, with credentials or equivalent
❑ Generally, ten to fifteen ears' experience with extensive, broad experience
Senior Level Consultant or Management
❑ Recognized as an authority in a specific field with qualifications ofsignificant value
15
$184
❑ Provides multi -discipline knowledge to deliver innovative solutions in related field of expertise
❑ Independently conceives programs andproblemsfor investigation
16
_$212
❑ Participates in discussions to ensure the achievement of program and/or project objectives
17
$242
❑ Makes responsible decisions on expenditures, including large sums or implementation of major
programs and/or projects
❑ Graduate from an appropriate post -secondary program, with credentials or equivalent.
❑ Generally, more than twelve years' experience with extensive experience
Senior Level Management under review by Vice President or higher
18 -
$283
❑ Recognized as an authority in a specific field with qualifications of significant value
Responsible for long range planning within a specific area of practice or region
:319
$319
❑ Makes decisions which are for reaching and limited only by objectives and policies of the
20
$354
organization
❑ Plans/approves projects requiring significant human resources or capital investment
21
$390
❑ - Graduate from an appropriate post -secondary program, with credentials or equivalent
❑ Generally, fifteen years' experience with. extensive professional and management experience
T-22017
ZABC2073\Table 22017 Rate 201]0120.doc
® Stdntec PROFESSIONAL SERVICES TERMS AND CONDITIONS page l oft
The following Terms and Conditions are attached to and form part of a proposal for services to be performed by Consultant
and together, when the CLIENT authorizes Consultant to proceedwith the. services, constitute the AGREEMENT. Consultant
means the Stantec entity issuing the Proposal.
DESCRIPTION OF WORK: Consultant shall render the services described in the Proposal {hereinafter called the "SERVICES") to
the CLIENT. -
DESCRIPTION OF CLIENT: The CLIENT confirms and agrees that the CLIENT has authority to enter into this AGREEMENT. on its
own: behalf and on behalf of ailpartiesrelated to the CLIENTwho may have an interest in the PROJECT
TERMS AND CONDITIONS: No terms, conditions, understandings, or agreements purporting to modify orvary tnese.Terms and
Conditions shall bebinding unless hereafter made in writing and signed by the CLIENT and Consultant. In the event of any
.conflict between the. Proposal and these Terms and Conditions, these Terms and Conditions shall take precedence. This
AGREEMENT supercedes all previous agreements, arrangements or understandings between. the parties whether written or
oral in connection with or incidental to the PROJECT
COMPENSATION: Payment is due to Consultant. upon receipt of invoice. Failure to make any payment when due is
material breach of this AGREEMENT and will entitle Consultant,. at its option, to suspend or terminate this AGREEMENT and
theprovision of the SERVICES. Interest will accrue on accounts overdue by 30 days at the lesser of 1.5 percent per month
(18 percent per annum) or the maximum legal rate of interest. Unless otherwise noted, the fees in thisagreementdo not
include any valueadded, sales, or other taxes that may be applied by Government on fees for services. Such taxes will be
added to all invoices as required. -
NOTICES: Each party shall designated representative who is authorized to act on behalf of that party., All notices, consents,
and approvals required to be given hereunder shall be in and shall be given to the representatives of each party.
.TERMINATION: Either party may terminate the AGREEMENT without cause upon thirty (30) days notice in writing. If either
-party breaches the AGREEMENT and: fails to remedy such breach within seven (7) days of notice to do so by the hon -
defaulting party, the non -defaulting. parry may immediately terminate the Agreement. Non-payment by the CLIENT of
Consultant's invoices within 30 days of Consultant rendering some is agreed to constitute a material breach and, upon
written notice as prescribed above, the duties, obligations and responsibilities of Consultant are terminated. On termination
by either party, the CLIENT shall forthwith pay Consultantall fees and charges for the SERVICES provided to the effective
date of termination.
ENVIRONMENTAL: Except as specifically describedin this AGREEMENT, Consultant'sfield investigation, laboratory testing Ord
engineering recommendations will not address orevoluate pollution of soil or pollution of groundwater.
PROFESSIONAL RESPONSIBILITY: In performing the SERVICES, .Consultant will provide and exercise the standard of care, skill
and diligence required by customarily accepted professional practices normallyprovided in the performance of the
SERVICES at the time and the location in which the SERVICES were performed.
LIMITATION OF LIABILITY: The. CLIENT releases Consultant from any liability and agrees to: defend; indemnify and hold
-. Consultant harmless from any and all claims, damages, losses, and/or expenses; direct and indirect, or consequential
damages, including but not limited to attorney's fees and charges and court andarbitration costs; arising out of, or claimed
to arise out of, theperformance of the SERVICES, excepting liability arising from the sole negligence of Consultant. It is
.further agreed that the Total amount ofallclaims. the CLIENT may have against Consultant under this AGREEMENT, including
but not limited to claims for negligence,negligent misrepresentation and/or breach of contract, shall be strictly limited to
the lesser of professional fees paid to Consultant for the SERVICES or $50,000.00. No claim may be brought ;against
Consultant more than two (2) years after the cause of action arose. As the CLIENT's: sole and exclusive remedy under this
AGREEMENT any, claim, demand or suit shall bedirectedand/or assertedonly against Consultant and not against any of
Consultant's employees, officers or directors.
Consultant's liability. with respect to any claims arising out of this ,AGREEMENT shall be absolutely limited to direct damages
arising out of the SERVICES and Consultant shall bear no liability whatsoever for any consequential loss, injury or damage
incurred by the CLIENT, including but not limited to claims for loss of Use, loss of profits and/or loss of markets.
INDEMNITY FOR MOLD CLAIMS: It is understood by the parties that existing or constructed buildings: may contain mold
substances that can presenthealthhazards and result in bodily Injury, property damage and/or necessary remedial
measures.. If, during performance of the SERVICES. Consultant knowingly encounters any such substances, Consultant shall
notify the CLIENT and, without liability for consequential or any other damages, suspend performance of services until the
retains qualified specialist to abate and/or remove the mold substances. .The CLIENT agrees to release and .waive
all claims, including consequentialdamages, against Consultant, its subconsultants and their officers, directors and
employees arisingfrom or in any way connected with the existence of mold. on or about the project site whether during or
after completion of. the SERVICES. The CLIENT further agrees to indemnify and hold. Consultant harmless from and against all
..claims, costs, liabilities and damages, including reasonable attorneys' fees and costs, arising in any way from the existence
of mold on the project site whether during or after completion of the SERVICES, except for those claims, liabilities, costs or
damages caused by the sole gross negligence and/or knowing or willful misconduct of Consultant. Consultant and the.
CUENTwaive all rights against each other for mold damages to the extent that such damages sustained by either party are
covered by insurance: -
.Professional Services Terms and Conditions on Stan Net Forms> Company Forms>Risk Management> Standard Form Agreements
® Stantec PROFESSIONAL SERVICES TERMS AND CONDITIONS Page oft
DOCUMENTS: All of the documents prepared by or on behalf of Consultant in connection with the PROJECT are instruments
of service for theexecution of the PROJECT. Consultant retains the property and copyright in these documents, whether the
PROJECT is executed or not. These documents may not be used for any other purpose without the prior written consent of
Consultant. In the event Consultant's documents are subsequently reused or modified in any material respect without the
prior consent of Consultant, the CLIENT agrees to defend, hold harmless and indemnify Consultant from any claims
advanced on account of said reuse or modification.
Any document produced by Consultant in relation to the: Services is intended for the sole use of Client. The documents may
not be relied upon by any other party without the express written consent of Consultant, which may be withheld at
Consultant's discretion. Any such consent will provide no greater rights to the third party than those held by the Client under
the contract, and will only be authorized pursuant to the conditions of Consultant's standard form reliance letter.
Consultant cannot guarantee the authenticity, integrity or completeness of data files supplied in electronic format
("Electronic Files"). CLIENT shall release, indemnify and hold Consultant, its officers, employees, Consultant's and agents
harmless from any claims or damages arising from the use of Electronic Files. Electronic files will not contain stamps or seals,
remain the property of Consultant, are not to be used for any purpose other than that for which they were transmitted, and
are not to be retransmitted to a third party without Consultant's written consent.
FIELD SERVICES: Consultant shall not responsible for construction means, methods, techniques, sequences or procedures,
or for safety precautions and programs in connection with work on the PROJECT, and shall not be responsible for any
contractor's failure to carry out the work in accordance with the contract documents. Consultant shall not be responsible
for the acts or omissions of any contractor, subcontractor, any. of their agents or employees, or any other persons performing
any of the work in connection with the PROJECT. Consultant shall not be the prime contractor or similar under any
occupational health and safety legislation. -
GOVERNING LAW/COMPLIANCE WITH LAWS: The AGREEMENT shall be governed, construed and enforced in accordance
with the laws of the jurisdiction in which the majority of the SERVICES are performed. Consultant shall observe and comply
with all applicable laws, continue to provide equal employment opportunity to all qualified persons, and to recruit, hire,
train, promote and compensate persons in ail jobs without regard to race, color, religion, sex, age, disability or national
origin or any other basis prohibited by applicable laws.
DISPUTE RESOLUTION: If requested in writing by either the CLIENT or Consultant, the CLIENT and Consultant shall attempt to
resolve any dispute between them arising out of or in Connection with this AGREEMENT by entering into structured non-
binding negotiations with the assistance of a mediator on a without prejudice basis. The mediator shall be appointed by
agreement of the parties. If a disputecannot be settled within a period of thirty (30) calendar days with the mediator, if
mutually agreed, the dispute shall be referred to arbitration pursuant to laws of the jurisdiction in which the. majority of the
SERVICES are performed or elsewhere by mutual agreement.
ASSIGNMENT: The CLIENT and Consultant shall not, without the prior written consent of the other party, assign the benefit or
in anyway transfer the. obligations under these Terms and Conditions or any part hereof.
SEVERABILITY: If any term, condition or covenant of the AGREEMENT is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions of the AGREEMENT shall be binding on the CLIENT and Consultant.
Professional Services Terms and Conditions on StanNef Forms> Company Forms>Risk Management> Standard Form Agreements
K2 TRAFFIC ENGINEERING, Inc.
Traffic Control. Signal. Synchronization. Parking. Study
August 29, 2016
Billy Huang & Xingxng 'Ben" Long
Connecticut Ave. XB, LLC
903 6-3 8 Garvey Ave
Rosemead, CA 91770
T. 626-633-8199
Re: Parking Study- 6,500 SF Shopping Center
9036-38 Garvey Ave, Rosemead
Hi Billy and Ben,
Thank you for the opportunity proposing our services for the above project. Based on
information you provided, we have put together the following proposal.
PROJECT UNDERSTANDING
For the proposed shopping center at 9036-38 Garvey Ave, Rosemead, a parking study
prepared by a traffic engineer is required by the City that shows the impacts the proposed
shopping center and a off-site parking lot can jointly provide sufficient parking associated
with the applicable uses. The project site provides 26 parking spaces on site. The adjacent
residential development is not a part of project and will share parking spaces.
SCOPE OF SERVICES
1. Prepare a parking analysis to display various parking demand associated with the
proposed uses, e.g. retail, restaurant, etc. Assist owner in exploring parking
alternatives.
2. Owner will be responsible for contacting nearby property owners in search of
available parking spaces for rent in order to provide additional parking spaces
required by the project. Conduct on-site observations if necessary to demonstrate
availability of off-site parking.
3. Prepare shared parking analysis and memorandum to demonstrate availability of
parking spaces and discuss parking strategies, if necessary:
4. Stamp and sign study results by State of California licensed Traffic Engineer.
5. Address review comments from the City of Rosemead, if applicable and within
scope.
ASSUMPTIONS
1`. The consultant should perform due diligence but does not thereby guarantee the
outcome of the study report in any way.
2. Attendance of public hearing or meeting is not included in this proposal.
3. The final report will be provided in PDF format.
K2 Traffic Engineering, Inc.
1442 Irvine Blvd, Suite 210, Tustin, CA 92780 Tel. 714-832-2116 email kay@k2traffic.com
Parking Study - Shopping Center K2 Traffic Engineering, Inc.
9036-38 Garvey Ave, Rosemead August 29, 2016
Page 2 of 2
CONSULTING FEE
The consulting fee for the project is $3,000 on a lump -sum basis. If the above proposal is
acceptable, please return signed agreement and retainer check of $3,000. If there are any
questions, please feel free to call me at your convenience.
Sincerely,
K2 Traffic Engineering, Inc.
Kay ., T.E., .
Principal THIS PROPOSAL IS ACCEPTED BY
Signature Date
Print Name Title
Connecticut Ave. XB, LLC
The Client signing above is solely responsible for the full payment
promptly regardless whether there are other parties or interests
involved in the project.
K2 Traffic Engineering; Inc.
1442 Irvine Blvd, Suite 210, Tustin, CA 92780 Tel. 714-832-2116 email: kay@k2traffic.com