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CC - Item 4A - Staff Report Public Hearing on Exterior Facade Design Modification of Previously Approved Residential/Commercial Mixed Used Project 17-09ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER DATE: MARCH 27, 2018 i\ _ W , SUBJECT: PUBLIC HEARING ON EXTERIOR FACADE DESIGN MODIFCATION OF PREVIOUSLY APPROVED RESIDENTIAL/COMMERCIAL MIXED- USE PROJECT — MODIFICATION 17-09 (7801-7825 GARVEY AVENUE, 3012 DEL MAR AVENUE AND 3017 BRIGHTON STREET) SUMMARY Gerard Ngo of Del Mar Property, LLC has submitted a Modification application, requesting to modify Design Review 12-05 to modernize the design of a previously approved mixed use project. The project site is located at 7801-7825 Garvey Avenue, 3012 Del Mar Avenue, and 3017 Brighton Street in the Medium Commercial with Residential/Commercial Mixed -Use Development and Design Overlays (C-3/RC-MUDO/D-0) zone. Per Rosemead Municipal Code Section 17.120.110, the proposed change may only be approved by the original review authority for the project through a modification permit application filed and processed in compliance with Chapter 17.120. STAFF RECOMMENDATION That the City Council: 1. Conduct a public hearing and receive public testimony; and 2. Adopt Resolution No. 2018-21 (Attachment "A"), approving Modification 17-09; take alternative action to deny Modification 17-09; or take other action. ENVIRONMENTAL ANALYSIS Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist of operation, repair, maintenance, permitting, licensing, leasing or minor alteration of existing public or private structures involving negligible or no expansion of an existing use beyond that existing at the time of the Lead Agency's determination. Accordingly, Modification 17-09 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA guidelines. ITEM NUMBER: ,��v o ro Z R < CD CD CD ] y N y N O m CD rn ro p• CD c ;°. CCD ro rn ro o p ro roCD ' '� w• ° o roCD n P- o Oo CD `* CCD `�% '�' m �• P- CD CD ro rL CDi-s UQ CD FD W n- N=, ro m "6 .3 N ro oQ ro O c CD rA cc CL �+L p @ CD p' A.?. CD vCi `CDD C3 r��. r. c C r�i� b CD o CDD � `S� CR r. co gQ x m m A. 0 ¢, ro o CD '' v, o C, CL P. C,7 � .` O UQNom.-+ .�E. 0 CCD SA' phi O '. '�D N M• �+ CD (CL �D p N O W CD �rn y n CD O CD �' W O' n n `C p" O CD W O (D r y pCD CL CD C ro CD w C ro¢ R. O w �. U % N Ci CL N � Uq O ro NGQ Pi C '� ° '�_' W UQ O t7' Cl CD CD �m O P' CD ro. :; `ti �' ro ::L cD A- K m v, rn r° o 7c w h y ° w a o ccD a CDt:r°* c N � Crp O CD N G- Off„ `C ro ry .`�• CD N N CD �. SOL W (D �. c ';'• ?j ti O CS' R CZ CD o i-: �O G m CL $ . p o ro CD Cd a w1= CDCD M a (D c o a CIA CD CL g o. o C1 C C] o N CD ro C1. r N CDD `C ? es' o CL n CD 7q <O '�` G q b c `° O N yy ro ro tlQ ro N .y ro OQ <DCD CIA -.. y O Pte- n a. O c�QD rn a ,"'� 5� C� CD 0<� ro ro ro '� cNi O O. ro ro ¢' � ". "c1 gyp., CD n �'o _ h CD CD �ti '�' G. ° to O aD G. " N O O �' O O. W Y. X ' CD CD 0 CD PCroOC °O h DN -y 0 CD P+ O N i K City Council Meeting March 27, 2018 Page 3 of 4 MUNICIPAL CODE REQUIREMENTS Per Rosemead Municipal Code Section 17.120.110(C), a proposed change that does not comply with the criteria identified in [Section 17.120.110(B) of the Zoning Code], 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 [Chapter 17.120]. On April 28, 2015, the City Council approved Design Review 12-05, General Plan Amendment 12-02, Zone Change 12-02, and Tentative Tract Map 72529, for a new residential/commercial mixed use development. The modification to Design Review 12-05 by implementing a new design is architecturally appealing and more align with the recently approved Garvey Avenue Specific Plan. It is characterized by multi -story street -facing facades with strong, distinct lines and angles. The color scheme consists of contrasting colors of gray, brown, white, and yellow stucco. To accentuate the building design, various elements such as composite wood, stone veneer, and metal panels have been incorporated into the fagade. To further provide architectural interest to the design, an open plaza area with a water feature and landscape planters are located along Garvey Avenue. Furthermore, the flat roofline utilizes varying heights to alleviate the bulls and mass of the structure. The new design of the project takes a decidedly balanced, restrained approach in terms of massing, colors and materials, and architectural features, and does not utilize excessive or exaggerated design cues that may not be compatible with the community. In addition, staff has verified that the new design complies with the Rosemead Municipal Code. FISCAL IMPACT —None STRATEGIC PLAN IMPACT —None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a public hearing notice published in the Rosemead Reader on March 15, 2018, 300 -foot radius public hearing notice to 45 property owners, and postings of the notice at the six (6) public locations and on the project site. Prepared by: Submitted by: Lily Valenzuela, City Planner Ben Kim, N of Community Development City Council Meeting March 27, 2018 Paee 4 of 4 Attachment A: Resolution No. 2018-21 with Conditions of Approval Attachment B: City Council Staff Report, dated April 28, 2015 (without attachments, attachments are on file with the City Clerk's Office for review) Attachment C: City Council Meeting Minutes, dated April 28, 2015 Attachment D: Site, Floor, and Elevation Plans Attachment A Resolution No. 2018-21 with Conditions of Approval RESOLUTION NO. 2018-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 17-09 FOR THE RE -DESIGN OF A PREVIOUSLY APPROVED RESIDENTIAL/COMMERCIAL MIXED USE DEVELOPMENT AT 7801-7825 GARVEY AVENUE, 3012 DEL MAR AVENUE, AND 3017 BRIGHTON STREET (APNS: 5287-039-001,-002,-003,-004,-005, AND -011), IN THE MEDIUM COMMERCIAL WITH RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT AND DESIGN OVERLAYS (C-3/RC- MUDO/D-0) ZONE. WHEREAS, on December 21, 2017, Gerard Ngo of Del Mar Property, LLC submitted a Modification application, requesting to modernize the design of the previously approved mixed use development by implementing a new design at 7801-7825 Garvey Avenue, 3012 Del Mar Avenue, and 3017 Brighton Street; WHEREAS, 7801-7825 Garvey Avenue, 3012 Del Mar Avenue, and 3017 Brighton Street are located in the Medium Commercial with Residential/Commercial Mixed -Use Development and Design Overlays (C-3/RC-MUDO/D-0) zoning district; WHEREAS, Section 17.120.110(C) of the Rosemead Municipal Code provides the criteria for a Modification; WHEREAS, Sections 65800 and 65900 of the California Government Code and Section 17.120.110(C) of the Rosemead Municipal Code authorizes the Planning Commission to approve, conditionally approve, or deny Modification applications; WHEREAS, on March 15, 2018, 45 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 public locations and on site, specifying the availability of the application, and the date, time, and location of the public hearing for Modification 17-09; WHEREAS, on March 27, 2018, the City Council held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 17-09; WHEREAS, the City Council has sufficiently considered the Modification application and all testimony presented to them; WHEREAS, 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROSEMEAD AS FOLLOWS: SECTION 1. The City Council HEREBY DETERMINES that MODIFICATION 17-09 is classified, as a Class 1 Categorical Exemption, pursuant to Section 15301 of the California Environmental Quality Act guidelines. Section 15301 of the California Environmental Quality Act 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. SECTION 2. The City Council HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 17-06, in accordance with Section 17.120.110(C) of the Rosemead Municipal Code as follows: A. A proposed change that does not comply with the criteria identified in [Section 17.120.110(B) of the Zoning Code], 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 [Chapter 17.120]. FINDING: On April 28, 2015, the City Council approved Design Review 12-05, General Plan Amendment 12-02, Zone Change 12-02, and Tentative Tract Map 72529, for a new residential/commercial mixed use development. The modification to Design Review 12-05 by implementing a new design is architecturally appealing and more align with the recently approved Garvey Avenue Specific Plan. It is characterized by multi -story street -facing facades with strong, distinct lines and angles. The color scheme consists of contrasting colors of gray, brown, white, and yellow stucco. To accentuate the building design, various elements such as composite wood, stone veneer, and metal panels have been incorporated into the fagade. To further provide architectural interest to the design, an open plaza area with a water feature and landscape planters are located along Garvey Avenue. Furthermore, the flat roofline utilizes varying heights to alleviate the bulk and mass of the structure. The new design of the project takes a decidedly balanced, restrained approach in terms of massing, colors and materials, and architectural features, and does not utilize excessive or exaggerated design cues that may not be compatible with the community. In addition, staff has verified that the new design complies with the Rosemead Municipal Code. SECTION 3. The City Council HEREBY APPROVES Modification 17-09, for the new design of a previously approved residential/commercial mixed-use development at 7801-7825 Garvey Avenue, 3012 Del Mar Avenue, and 3017 Brighton Street, and subject to Conditions of Approval attached hereto and incorporated herein by reference. SECTION 4. The Mayor shall sign this resolution and the City Clerk shall attest to the adoption thereof. PASSED, APPROVED, AND ADOPTED this 27" day of March, 2018. 2 Polly Low, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney City Clerk Exhibit A: Conditions of Approval for Modification 17-09 Exhibit B: Original Conditions of Approval for Design Review 12-05, General Plan Amendment 12-02, Zone Change 12-02, and Tentative Tract Map 72529 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF ROSEMEAD ) I, , City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution, No. 2018-21, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 27t" day of March, 2018, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: City Clerk EXHIBIT "A" CC RESOLUTION NO. 2018-21 MODIFICATION 17-09 7801-7825 GARVEY AVENUE, 3012 DEL MAR AVENUE, AND 3017 BRIGHTON STREET (APNS: 5287-039-001, -002, -003, -004, -005, AND -011) CONDITIONS OF APPROVAL MARCH 27, 2018 Project Specific Conditions of Approval Modification 17-09 ("Project') is approved for the new design of a previously approved residential/commercial mixed-use development at 7801 Garvey Avenue, in accordance with the plans marked Exhibit "B", dated December 18, 2017. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 2. All conditions of approval set forth in Conditions of Approval for Design Review 12-05 shall remain in effect except for Condition of Approval No. 1, which is modified under this application. EXHIBIT `B" CC RESOLUTION NO. 2015-01 (Original Conditions of Approval for Design Review 12-05, General Plan Amendment 12- 02, Zone Change 12-02, and Tentative Tract Map 72529) CONDITIONS OF APPROVAL April 28, 2015 Design Review 12-05, General Plan Amendment 12-02, Zone Change 12-02, and Tentative Tract Map 72529 are approved for the construction of a new residential/commercial mixed- use development totaling 70,162 square feet, in accordance with the plans marked Exhibit "I", dated December 4, 2014. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 4. Approval of Design Review 12-05, General Plan Amendment 12-02, Zone Change 12-02, and Tentative Tract Map 72529 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 City Council approval date. 5. The onsite public hearing notice posting shall be removed by the end of the 10 -day appeal period of Design Review 12-05, General Plan Amendment 12-02, Zone Change 12-02, and Tentative Tract Map 72529. 6. Design Review 12-05, General Plan Amendment 12-02, Zone Change 12-02, and Tentative Tract Map 72529 is 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 City Council approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If Design Review 12-05, General Plan Amendment 12-02, Zone Change 12-02, and Tentative Tract Map 72529 have been unused, abandoned, or discontinued for a period of one (1) year it shall become null and void. The City Council hereby authorizes the Planning Division to make and/or approve minor modifications. 8. 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. 9. Design Review 12-05, General Plan Amendment 12-02, Zone Change 12-02, and Tentative Tract Map 72529 are 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 0 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 revolve or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Design Review 12-05, General Plan Amendment 12-02, Zone Change 12-02, and Tentative Tract Map 72529. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. The Planning, Building, and Public Works staff shall have access to the subject property at any time during construction to monitor progress. 18. 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. 19. 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. 20. 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. 21. 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 stalls shall be double striped. Such striping shall be maintained in a clear, visible, and orderly manner. 22. 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. 23. 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 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 installation. 24. Prior to issuance of grading permits, the developer/Applicant shall comply with the City's storm water ordinance and storm water mitigation plan requirements with respect to the proposed project. 25. Prior to issuance of building permits, Deed Restrictions or an Affordable Housing Agreement in a form approved by the City Attorney must be recorded against the nine (9) affordable condominium units that meet all of the requirements for affordability for low- income families and meet all other criteria outlined in Government Code Section 65915. In addition, in an effort to respond to the needs of City residents before nonresidents and to provide affordable housing, the Applicant shall give existing qualified City of Rosemead residents priority in obtaining an affordable unit. 26. 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. 27. 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. 28. 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. 29. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. 30. The developer shall make all efforts within the first six (6) months of the leasing period to incorporate national or regional tenants into the commercial leasing spaces (Added by the City Council on April 28, 2015). 31. The exterior walls of Basement Level l and First Floor shall consist of anti -graffiti coating (Added by the City Council on April 28, 2015). Mitieation Measure Conditions Aesthetics 32. The City Council authorizes the applicant to work with the Planning Division on the public art plan, prior to the issuance of a building permit. 33. Prior to the issuance of a building permit the proj ect applicant shall submit a lighting plan for approval by the Planning Division that incorporates any of the following light reducing measures as applicable: • Improved physical barriers such as increased wall height • Relocate and/or change the height and/or orientation of proposed lighting fixtures. • Select lighting fixtures with more -precise optical control and/or different lighting distribution. • Add external shielding and/or internal reflectors to fixtures. • Select lower -output lamp/lamp technologies. • A combination of the above. Air Quality 34. During construction, the contractor shall apply water three times daily, or non-toxic soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging areas, unpaved road surfaces, and active construction areas. Geology and Soils 9 35. As recommended in the geotechnical engineering investigation prepared for the project and approved by the City Engineer, the project shall be designed for a peak acceleration value of 0.79g. Hazards and Hazardous Materials 36. Prior to the issuance of a demolition permit for any structure, the project developer shall provide a building survey to determine if asbestos or lead paint are present. The asbestos and lead paint survey shall be conducted by a Cal -OSHA Certified Asbestos consultant in accordance with sampling criteria of the Asbestos Hazard Emergency Response Act (AHERA). If lead paint and/or asbestos containing materials are found, all lead containing paint and/or asbestos shall be removed and disposed by a licensed and certified lead paint and/or asbestos removal contractor, as applicable in accordance with local, state, and federal regulations prior to the start of activities that would disturb any ACM containing materials or lead paint. Hydrology and Water Quality 37. Prior to the issuance of a grading permit, the project developer shall submit a Standard Urban Storm Water Mitigation Plan (SUSWMP) to the City for approval. All applicable erosion control measures including Best Management Practices (BMP's), to reduce erosion and minimize water quality impacts during grading and construction shall be installed and maintained during construction to control water quality impacts. 38. Prior to the issuance of a certificate of occupancy for the first residential unit or leasing the first retail space, the project developer shall install a surface storm water collection system to collect and treat the first 3/n of an inch of surface water runoff from the site as approved by the City Engineer. 39. Prior to the issuance of a certificate of occupancy for the first residential unit or leasing the first retail space, the project developer shall install two underground water storage tanks totaling 3,500 gallons and a dry well system to capture on-site surface water flows. If the dry well fills up during a storm a sump pump located adjacent to the dry well will pump any overflow from the dry well into Brighton Street. 40. Prior to the issuance of a certificate of occupancy for the first residential unit or leasing the first retail space, the project developer shall install a catch basin with a filter to filter the storm water prior to its discharge into the underground storage tanks. Noise 41. Project related operational hours for the following activities are recommended to be restricted as follows: 10 • There shall be no delivery vehicle (no trucks) deliveries between the hours of 10:00 P.M. to 9:00 a.m. • Refuse collection vehicles shall restrict activity to between the hours of 7:00 a.m. and 7:00 p.m. • Loading of boxes, crates and building materials is restricted to the hours of 7:00 a.m. and 10:00 p.m. adjacent to a residential property line. • Construction activities are restricted by the City of Rosemead Noise Ordinance. While construction noise is not expected to exceed 85 dB at the nearest sensitive use (residences north of the site), construction noise can be minimized with the implementation of the following conditions: ■ All motorized construction equipment shall be equipped with properly operating and maintained mufflers. • Equipment and materials shall be staged in areas that will create the greatest distance between construction -related noise sources and the noise -sensitive receptors nearest the project site during all project construction. ■ Haul truck and other construction -related trucks traveling to and from the project site shall be restricted to the same hours specified for the operation of construction equipment. ■ To the extent feasible, construction haul routes shall not pass directly by sensitive land uses or residential dwellings. 42. An acoustical study shall be submitted to the City prior to the issuance of a building permit to show that all balconies facing Garvey Avenue and Del Mar Avenue have a transparent glass or plastic shield to create outdoor space that achieves the 65 dB CNEL or less. Public Services 43. Prior to the issuance of a building permit, the project developer shall pay any required student impact fee to the Garvey Unified School District. 44. Prior to the issuance of a building permit, the project developer shall pay any required park fee to the City of Rosemead. Transportation/Traffic 45. Prior to the issuance of a certificate of occupancy for the first residential unit or leasing the first retail space, the project developer shall install a new bus stop and shelter on Garvey Avenue at a location determined by the City and 21 bicycle stalls, with 10 bicycle stalls on the first subterranean level (B-1) and 11 bicycle stalls on the lower parking level (B-2). 46. Within six months after 75% of the retail/commercial space is occupied, the project developer shall provide weekday PM peak hour left turn traffic volumes on Del Mar Avenue to the City's Traffic Consultant to confirm that project left-tums do not cause congestion with the existing southbound left -turns at Garvey Avenue. If determined by the City's Traffic Consultant that project left -turns onto Del Mar Avenue during the PM peak hour cause congestion, left-tums at the Del Mar Avenue driveway shall be restricted. 11 47. Prior to the issuance of a building permit, the project developer shall design the two project driveways in compliance with City driveway standards for site access. 48. All delivery vehicles (no trucks) entering and exiting the site from Brighton Street shall have a maximum height of 8'-6". Delivery vehicles (no trucks) entering the site from Del Mar Avenue shall have a maximum height of 10'. All delivery vehicles (no trucks) entering the site from Del Mar Avenue shall be restricted to the first level — no internal access to level B-1. All delivery vehicles (no trucks) that are 8'-6" or less can access the site from either Del Mar Avenue or Brighton Avenue and access internally both the first level and level B-1. 49. All delivery vehicles (no trucks) shall park in the designated Loading areas located within the commercial parking areas. Utilities and Service Systems 50. Prior to the issuance of a certificate of occupancy for the first residential unit or leasing the first retail space, the project developer shall install all State mandated low -flow water fixtures. Engineering Conditions of Approval GENERAL 51. 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. 52. 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. 53. The Public Right -of -Way Vacation for the Alley northerly of Garvey Avenue between Del Mar Avenue and Brighton Avenue pursuant Municipal Code, California Streets and Highways Code and California Subdivision Map Act shall be approved prior to the issuance of Building permits. 54. A preliminary subdivision guarantee is required showing all fee interest holders and encumbrances. An updated title report shall be provided before the final parcel map is released for filing with the County Recorder. 55. The final tract map shall be based on a field survey, and monuments shall be set to permanently mark parcel map boundaries, street 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. 12 56. 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. 57. Comply with all requirements of the Subdivision Map Act. 58. Approval for filling of this land division is contingent upon approval of plans and specifications mentioned below. If the improvements are not installed prior to the filing of this 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. 59. The City reserves the right to impose any new plan check and/or permit fees approved by City Council subsequent to tentative approval of this map. 60. Prior to performing any grading, obtain a permit from the Engineering Division. Submit grading and drainage plans 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. 61. Prior to the recordation of the final map, grading and drainage plans must be approved to provide for contributory drainage from adjoining properties as approved by the City Engineer, including dedication of the necessary easements. 62. A grading and drainage plan must provide for each lot having an independent drainage system to the public street, to a public drainage facility, or by means of an approved drainage easement. 63. Historical or existing storm water flow from adjacent lots must be received and directed by gravity to the public street, to a public drainage facility, or an approved drainage easement. 64. Prepare and submit hydrology and hydraulic calculations for sizing of all proposed drainage devices. The analysis shall also determine if changes in the post development versus pre development conditions have occurred. The analysis shall be stamped by a California State Registered Civil Engineer and prepared per the Los Angeles County Department of Public Works Hydrology Method. 65. All grading projects require an Erosion Control Plan as part of the grading plans. Grading permit will not be issued until and Erosion Control Plan is approved by the Engineering Department. 66. The project is greater than one acre; therefore, a Storm Water Pollution Plan is required. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board. When submitting the SWPPP for the City's review, please include the NOI and the Waste Discharger Identification (WDID) number. 67. Adjust, relocate, and/or eliminate lot lines, lots, streets, easements or other physical improvements to comply with ordinances, policies, and standards in effect at the date the City determined the application to be completed all to the satisfaction of the Public Works Department. 68. Show clearly all existing lot lines and proposed lot line on the plans. 69. Provide a complete boundary and topographic survey. 13 70. Show any easement on the plans if applicable. 71. New drive approaches shall be constructed at least 3' from any above -ground obstructions in the public right-of-way to the top of 'Y' 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 designedto the satisfaction of the City Engineer. 72. All work proposed within the public right-of-way shall require permits from the Public Works Department. 73. Remove and replace existing curb and gutter from northerly property line along Brighton Street to northerly property line along Del Mar Avenue. 74. Remove and replace sidewalk from northerly property line along Brighton Street to northerly property line along Del Mar Avenue. 75. Remove and construct driveway approaches as indicated on the plans 76. Construct five feet parkway. Install parkway trees as indicated on the plans. All street trees shall be installed to the satisfaction of the City Engineer and the City Urban Forester. Street trees shall be planted in a manner that provides a minimum clearance of eight (8) feet from any existing or proposed sewer laterals to be used to serve the project. The size of the trees shall be minimum 48 inches box. 77. Traffic Signal Modification at the intersection of Garvey Avenue and Del Mar Avenue as indicated by traffic impact analysis and Public Works Department. 78. Show dimensions of existing and proposed right-of-way along Brighton Avenue, Del Mar Avenue and Garvey Avenue. 79. A $2,000.00 fee will be required per each storm drain adjacent to the property per retrofit pursuant Los Angeles River Trash TMDL requirements. SEWER 80. Approval of this land division is contingent upon providing a separate house sewer lateral to serve each lot of the land division. 81. 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. 82. If the new sewer flow alters the capacity conditions of the existing sewer main along Garvey Avenue, a sewer main improvement will be required. 83. 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. IEI UTILITIES 84. All power, telephone and cable television shall be underground. 85. Any utilities that are in conflict with the development shall be relocated at the developer's expense. 86. Provide a street lighting plan. WATER 87. 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 Chiefs fire flow requirements. 88. Water hydrant, water meter box and utilities box shall be located 8 feet away from parkway trees and 3 feet away from driveway approach. Conditions Added by the Planning Commission on December 15,201 89. Physical barriers shall be installed to limit access on Del Mar Avenue into the project site. 90. 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 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. Covenant Conditions and Restrictions (Added by the City Council on April 28, 2015) 87. Prior to issuance of any building permit related to this project, the developer/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 developer/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. Anynecessary 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 stalls, open space and recreational areas. 88. The Applicant shall include provisions in the CC&R's to provide maintenance of the basement parking structure, all building improvements, on -grade parking and landscaping, maintenance ofthe rear service driveway, and maintenance of the shared driveway area along the eastern property line, in a manner satisfactory to the Planning Division, and in a form acceptable to the City Attorney. 89. The subdivider shall 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. 90. 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: • Assigned parking for each residence. • Designated parking for customers and employees. • Parking permit procedures for overnight guest parking. One -bedroom condominium homeowners shall be limited to one (1) vehicle on the premise. Two- bedroom condominium homeowners shall be limited to two (2) vehicles onthe premise. 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 subterranean parking structure III Attachment B City Council Staff Report, dated April 28, 2015 (without attachments, attachments are on file with the City Clerk's Office for review) ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, DATE: APRIL 28, 2015 CITY MANAGER SUBJECT: DESIGN REVIEW 12-05, GENERAL PLAN AMENDMENT 12-02, ZONE CHANGE 12-02, TENTATIVE TRACT MAP 72529 7801-7825 GARVEY AVENUE, 3012 DEL MAR AVENUE, AND 30.17 BRIGHTON STREET Summary Gerard Ngo has submitted entitlement applications requesting to develop a new residential/commercial mixed-use development. The project consists of the demolition of all existing structures to construct a five -story, mixed-use development with 15,553 square feet of retail/restaurant space on the basement/first and second floors and 60 residential units on the third through fifth floors, comprising 54,609 square feet, for a total built area of 70,162 square feet. Parking is proposed as a combination of surface and two stories of subterranean basement parking. The project requires vacation of the existing public alley that bisects the site, which will entail a separate process. Access to the proposed project will be provided via the rear of the structure with one entrance each on Del Mar Avenue and Brighton Street. The project also includes a density bonus application under Senate Bill (SB) 1818, which amended the state bonus law to allow density bonuses up to 35%. The property is located at the northeast corner of Del Mar Avenue and Garvey Avenue in the C-3 (Medium Commercial) zone and R-2 (Light Multiple Residential) zone. This item was on the Planning Commission Agenda for June 16, 2014. However, due to extensive comments from the California Department of Transportation (Caltrans) and the Los Angeles County Department of Public Works (LACDPW) during the 20 -day public review distribution period for the Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the project, the Planning Commission continued this item to a future Planning Commission meeting. On December 15, 2014, this item was again presented to the Planning Commission for consideration. During the meeting, three people discussed their concerns regarding the project. At the conclusion of the hearing, the Planning Commission adopted Resolution 14-10, recommending that the City Council ADOPT Resolution 2015-01 (Attachment "A") and Ordinance 942 (Attachment "B"). The Planning Commission Staff Report, Planning Commission Resolution No. 14- 10, and Planning Commission Meeting Minutes are attached as Attachments "C", "D", aA ITEM NUMBER: y % City Council Meeting April 28, 2015 Page 2 of 16 and "E", respectively Environmental Analysis The City of Rosemead acting as a Lead Agency, has completed an Initial Study/Draft Mitigated Negative Declaration for the proposed mixed-use project pursuant to Section 15070 (b) of the California Environmental Quality Act (CEQA). The Initial Study has been undertaken to determine if the proposed project may have a significant effect on the environment. The Initial Study was prepared and completed in accordance with the California Environmental Quality Act (CEQA) Guidelines. On the basis of the Initial Study, the City of Rosemead has concluded that the project would have a less than significant impact on the environment if certain mitigation measures are adopted and carried out, and the City has therefore prepared a Draft Mitigated Negative Declaration (MND). The MND reflects the independent judgment of the City as a lead agency per CEQA Guidelines. The project site is not on a list compiled pursuant to Government Code section 65962.5. The proposed project is not considered a project of statewide, regional or area -wide significance and would not affect highways or other facilities under the jurisdiction of the State of California Department of Transportation. A Notice of Intent to Adopt a Mitigated Negative Declaration for the project was distributed for a 20 -day public review and comment period from May 21, 2014 to June 9, 2014. The Mitigated Negative Declaration, along with Agency comments and a Mitigation Monitoring Program as required by CEQA guidelines, is attached to this staff report for your review. If the Commission recommends this project to the City Council for approval, the Commission must make a finding of adequacy with the environmental assessment and also recommend that the City Council to adopt the attached Mitigated Negative Declaration and Mitigation Monitoring Program (Exhibit "H"). Staff Recommendation It is recommended that the following actions are taken: 1. The City Council conduct a public hearing and receive public testimony; 2. The City Council ADOPT Resolution No. 2015-01 with findings, subject to the eighty-six (86) conditions outlined in Exhibit "A" attached hereto; and 3. Introduce for First Reading, by title only, Ordinance No. 942: Zone Change 12- 02" and to bring back Ordinance No. 942 to the meeting of May 12, 2015 for consideration of adoption. 4. The City Council ADOPT the Mitigated Negative Declaration and file the Notice of Determination for the project. Desian Review 12-05 Rosemead Municipal Code Section (RMC) 17.74.030(A)(1) states a precise plan of design for residential/commercial mixed-use development shall be submitted, and approved in accordance with the requirements of Section 17.72.060, with the exception that the City Council shall approve or disapprove such project upon receiving a recommendation from the Planning Commission. City Council Meeting April 28, 2015 Page 3 of 16 General Plan Amendment 12-02 The project will change the existing Rosemead General Plan land use designations from Commercial and the residence at the northeast corner Medium Density Residential (0-12 du/ac.) to Mixed-use: Residential/Commercial (60 du/ac; 4 stories). Zone Change 12-02 The project will change the zoning from C-3 Medium Commercial and the single-family residence at the northeast corner of the site R-2 Light Multiple Residential to C-3 Medium Commercial and add a Residential/Commercial Mixed -Use Development Overlay (RCMUDO) and Design Overlay to allow the development of the project as proposed. Tentative Tract Map 72529 The applicant has submitted a Tentative Tract Map (TTM 72529) application for the consolidation of six (6) existing parcels into one (1) parcel. Property History and Description The subject property is located at the northeast corner of the intersection of Del Mar Avenue and Garvey Avenue. The site consists of six (6) parcels, totaling approximately 44,260 square feet. The alley to be vacated totals approximately 5,590 square feet. According to Los Angeles County records, the six (6) parcels are currently developed with five (5) commercial buildings totaling approximately 8,000 square feet, one (1) single family residence totally 1,080 square feet, and a parking lot. According to Business License records, the commercial buildings are occupied by a bar, a law office, and a used car sales dealership. View from Southwest Comer of Del Mar Avenue and Garvey Avenue City Council Meeting April 28, 2015 Page 4 of 16 Project Analvsis Proiect Description The project consists of the demolition of all existing structures to construct a five -story, mixed-use development with 15,553 square feet of retail/restaurant space on the basementifirst and second floors and 60 residential units on the third through fifth floors, comprising 54,609 square feet, for a total built area of 70,162 square feet. Of the 60 units, the project proposes 9 low-income rental units. An outdoor seating area is proposed in the central area of the ground level on the north side of the building. New landscaping will be provided within the building setbacks around the perimeter of the site and throughout the outdoor seating area. The project is requesting two concessions to allow the development as proposed. Due to the slope of the property, a concession is requested to allow a building height of 60 feet at Brighton Street, exceeding the allowable building height of 55 feet. A second concession is requested to allow the north side of the building to extend into a 20 degree angle that extends onto the site from the north property line because the project abuts existing residences north of the site. Parking is proposed as a combination of surface and two stories of subterranean basement parking. The project will incorporate an existing alley that extends east -west through the middle of the site from Brighton Street on the east to Del Mar Avenue on the west. Access to the proposed project will be provided via the rear of the structure with one entrance each on Del Mar Avenue and Brighton Street. The project also includes a density bonus application under Senate Bill (SB) 1818, which amended the state bonus law to allow density bonuses up to 35% Site & Surroundina Land Uses The project site is designated in the General Plan as Commercial and Medium Density Residential (0-12 du/ac) and on the Zoning Map it is designated C-3 (Medium Commercial) and R-2 (Light Multiple Residential) zones. The site is surrounded by the following land uses: North General Plan — Commercial and Medium Density Residential Zoning — C-3 (Medium Commercial) and R-2 (Light Multiple Residential) Land Use — Residential South General Plan - Commercial Zoning - C-3 (Medium Commercial) Land Use - Commercial East General Plan - Commercial Zoning - C-3 (Medium Commercial) and R-2 (Light Multiple Residential) Land Use - Commercial and Residential City Council Meeting April 28, 2015 Page 5 of 16 West General Plan - Commercial Zoning - C-3 (Medium Commercial) Land Use - Commercial Development Standards The developer has incorporated the Residential/Commercial Mixed -Use Development Overlay Zone standards for the proposed mixed-use project (Zoning Code prior to November, 2013). The Residential/Commercial Mixed -Use Development Overlay Zone allows the Planning Commission and the City Council to grant approval of a well- designed development project that combine residential with nonresidential uses. 'P k9!+Ity?it Pr9PPsed Lot Size 30,000 s.f. 49,850 s.f. Floor Area Ratio 2.0:1 (max allowed) 1.41:1 (FAR) Public Sidewalk 12'-0' with 7'-0" wide sidewalk (clear zone) and 5'-0" 1 with 7'-0" wide sidewalk (clear zone) and wide wide parkway (amenity zone) (amenityzone) arkwa amenit Front Setback Zero (0) feet Zero (0) feet Interior Lot Line May be zero (0) but shall be a minimum of ten (10) feet No interior lot line Setback if more than zero (0). Del Mar Avenue: Zero (0) feet Side Street None Setback Brighton Street: Zero 0 feet Rear Abutting Residential 10'-0" 10'-0" Setback Del Mar Avenue: Four -stories and fifty (50) feet Height Four (4) stories with a maximum height of fifty-five (55) Brighton Street: Five -stories and feet sixty (60) feet *Requesting concession The second floor and above shall be stepped back from Requesting concession to Variable Height the rear property line as follows: establishing a height at encroach into variable het ht g six (6) feet above finished grade of the adjacent requirement residential propeq line, a 20 -degree Two (2) parking spaces per dwelling plus one (1) guest 82 parking spaces Parking parking space per two (2) dwelling units (Residential) Total Required: 150 parking spaces *Density bonus allows deviation of re uired uest arkin spaces Retail: One (1) parking space per two hundred fifty (250) square feet of floor space Retail: 4,780/250 =19 Parking Restaurant: One (1) parking space per one hundred Restaurant: 10,773/100 = 108 (Commercial) (100) square feet of floor space Total Provided: 129 parking spaces Total Required: 127 parking spaces City Council Meeting April 28, 2015 Page 6 of 16 Bicycle Parking Ten (10) percent (%) of required off-street parking. 21 bicycle parking spaces 211 = 21 bicycle parking spaces Common Open Space: 150 s.f./dwelling unit (9,000 s.f.) Common Open Space: 9,510 s.f. Open Space Private Open Space: 60 s.f/dwelling unit (3,600 s.f.) Private Open Space: 5,915 s.f. Building 77.8% Residential and Commercial/ 75% Residential and 25% Commercial 22.2% Commercial Residential Ratio *Requesting concession Proposed Floor Plans Commercial — The floor plans submitted with this application show a 3,262 square foot restaurant and an 821 square foot leasing office on the basement (B-1) level. The first floor contains three (3) retail units totaling 3,959 square feet and four (4) restaurant units totaling 7,511 square feet on the first floor. The project is designed with sufficient on-site parking to accommodate the commercial users. Residential — A total of 60 condominium units are proposed within this development. All units will be located on the third through fifth floors of the building. The unit floor plans submitted show a variety of unit types, from one -bedroom units to two-bedroom units, ranging in size from 826 square feet to 1,130 square feet of living area. Each unit contains a living room, dining room, kitchen, bedroom(s), bathroom(s), closet, storage, washer and dryer, and private open space. Proposed Landscaping and Fencing: A conceptual landscape plan has been attached as Exhibit "B". New landscaping is proposed throughout the site. Landscaping is shown in the form of perimeter planting areas and landscaped islands within the surface parking lot areas. Additionally, the central courtyard provides added landscaping in the form of raised planter beds, water feature, and shade trees. The Applicant will be required to submit a detailed landscape and irrigation plan to the Planning Division for review and approval prior to issuance of any Building Permits. The Applicant is proposing to construct new decorative perimeter block walls along the north property line. Parking and Circulation Access to the site would be provided from two (2) driveways along Del Mar Avenue and Brighton Street. The Applicant is proposing surface and two levels of subterranean basement parking. A total of two hundred eleven (211) parking spaces would be provided, which includes one hundred twenty-nine (129) spaces for commercial parking and eighty-two (82) spaces for residential parking. Through the application of the density bonus law under Senate Bill (SB) 1818, the applicant is entitled to a reduction in parking. The maximum standards for residential parking are: City Council Meeting April 26, 2015 Page 7 of 16 • One (1) onsite parking space for up to one (1) bedroom. • Two (2) onsite parking spaces for up to three (3) bedrooms. • No requirement for guest parking. In addition, the proposed project would also include twenty-one (21) bicycle parking spaces. Traffic A traffic report was prepared by VA Consulting Inc. dated January 2014, to determine the potential traffic impacts of the project. The traffic report studied 7 area intersections. The following intersections are included in the traffic study area: • Del Mar Avenue and Hellman Avenue (signalized) • Del Mar Avenue and Emerson Place (signalized) • Del Mar Avenue and Garvey Avenue (signalized) • Garvey Avenue and Jackson Avenue (signalized) • Del Mar Avenue and Highcliff Street (signalized) • Garvey Avenue and Brighton Street (2 -way stop control) • Garvey Avenue and Kelburn Avenue (signalized) Based on the traffic study, the proposed development will not create any significant environmental effects upon the traffic and circulation systems. The study findings and recommendations are as follows: Study Area Circulation Impacts The existing (2013) study area intersections are operating at Level of Service D or better based on existing peak hour intersection volumes. Several intersections are operating at LOS A or B during peak hours. Study area roadways are operating below capacity based on weekday 24-hour roadway volumes. For Existing 2013 with Project, Baseline 2015 (no project), and Baseline 2015 with Project conditions the study area intersections will continue to operate at Level of Service D or better with several maintaining LOS A and B in peak hours. No circulation system mitigation measures are required for implementation of the Garvey Del Mar Plaza Project. This analysis also concludes that no project access locations satisfy warrants for signalization. These findings were based on a worst-case analysis for Project trip generation. However, an area of potential concern is the proximity of the Del Mar Avenue project access to the intersection at Garvey Avenue. The existing southbound left -turn pocket storage length at the intersection is 200 feet and existing left -turn queuing may exceed this length during pm peak hour conditions. Under future project traffic conditions, left - turn volumes are anticipated to increase and the existing southbound left -turn pocket storage length may be exceed during both the am and pm peak hours. Although the project left -turn volumes at this access are forecast to be low, 10 vehicles in and 13 vehicles out during the pm (highest) peak hour, it is recommended that the impact of City Council Meeting April 28, 2015 Page 8 of 16 left -turning vehicles be monitored at this location, with restrictions imposed, if necessary. On-site Circulation There are no concerns regarding on-site circulation associated with the proposed project. The project access driveways and roadways are appropriately sized and configured for the project volumes and will be designed in accordance with applicable agency standards. Sight -distance requirements at project access driveways and intersections will be provided per agency standards. Site parking supply has been provided to meet or exceed City code. Because of height restrictions, the proximity to residences, and potential on-site circulation impacts, the project owner has identified the following measures to address commercial deliveries to the site. 1. All delivery vehicles (no trucks) entering and exiting the site from Brighton Street shall have a maximum height of 8'6". Delivery vehicles (no trucks) entering the site from Del Mar Avenue shall have a maximum height of 10'. All delivery vehicles (no trucks) entering the site from Del Mar Avenue shall be restricted to the first level — no internal access to level B-1. All delivery vehicles (no trucks) that are 8'6" or less can access the site from either Del Mar Avenue or Brighton Avenue and access internally both the first level and B-1. 2. There shall be no delivery vehicle (no trucks) deliveries between the hours of 10:00 P.M. to 9:00 a.m. 3. All delivery vehicles (no trucks) shall park in the designated loading areas located within the commercial parking areas. Traffic Signal Warrants In this study, no unsignalized study area intersections or access driveways satisfy peak hour traffic signal warrants for any scenario. The Brighton Street and Garvey Avenue intersection will remain a two-way stop. The Project will create a new driveway access on Del Mar Avenue which should be one-way stop controlled on the driveway approach. Proposed Architecture: The Applicant has worked with the Planning Division in designing an aesthetically interesting project that meets the City's design goals for the MUDO-D overlay. The architectural style is modern, characterized by multi -story street -facing facades, tall, narrow and arched windows with painted foam -stucco trims, and predominately flat roofs with parapets at the rooflines. The front fagade has been designed to create visual interest at the street level. The main entrance of the building is highlighted through the use of a distinct corner element at the southwest and southeast corners of the building. In addition, various elements have been added to provide architectural interest to the design, such as the water features and potted plants along the front elevation, the use of contrasting exterior finishes and stone veneer at the base of the City Council Meeting April 28, 2015 Page 9 of 16 building. The subtle details of common open spaces and pedestrian -scaled architectural elements echo the modern design aspect for this mixed-use development. Lighting New exterior lighting is proposed for the property. New wall mounted fixtures will be placed along the front, side, and rear of the building. New light standards will be installed in the parking lot area. All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. The Mitigated Negative Declaration includes a lighting mitigation measure, which states: Prior to the issuance of a building permit the project applicant shall submit a lighting plan for approval by the Planning Division that incorporates any of the following light reducing measures as applicable: • Improved physical barriers such as increased wall height. • Relocate and/or change the height and/or orientation of proposed lighting fixtures. • Select lighting fixtures with more -precise optical control and/or different lighting distribution. • Add external shielding and/or internal reflectors to fixtures. ■ Select lower -output lamp/lamp technologies • A combination of the above. Alley Vacation In conjunction with the approval of this project, the applicant is requesting the City to vacate the alley between the four parcels fronting Garvey Avenue and the two parcels to the north, as illustrated below. This request would allow the applicant to incorporate the alley into this mixed-use development. The City Engineer has agreed to this request since it is not necessary for the City to retain the alley. A condition of approval has been added, requiring the approval of the alley vacation, prior to the issuance of Building permits. Council Meeting 28, 2015 10of16 Planning Commission Direction Since the Planning Commission meeting on December 15, 2014, staff has worked closely with the applicant and environmental consultant to ensure that the Planning Commission's concerns were addressed. 1. Study the ability or feasibility of converting the apartment project to a condominium project. • The applicant has studied the project and has modified the project from apartments to condominiums. 2. Review the placement of the HVAC systems on the roof to ensure minimal noise. • The Architect has determined that the plans illustrate the best placement of the HVAC systems to ensure minimal noise. 3. Add a condition of approval which limits access on Del Mar Avenue into the project site with physical barriers. • Condition of Approval Number 85 requires the installation of physical barriers to limit access on Del Mar Avenue into the project site. 4. Add a condition of approval which limits the length and width of trucks or delivery vehicles onsite. • Condition of Approval Number 44 limits the size of the delivery vehicles. 5. Add a condition of approval relating to the requirement of a Construction Management Plan. • Condition of Approval Number 86 requires the Developer to develop a comprehensive Construction Management Plan 6. Review the MND to ensure these issues will not affect the document. The Environmental Consultant has reviewed the MND. 7. Work with the surrounding residents on their concerns of the project. On December 17, 2015, Planning Division staff reached out to residents and property owners within a 300 foot radius of the project site by sending a letter (Attachment "G"), informing them to contact staff if they have any questions or concerns on the proposed project. To date, staff has only received one comment, in which the applicant has been working closely with the property owner to resolve all of his concerns. Municipal Code Requirements Section 17.72.030 of the Rosemead Municipal Code (RMC) states that design review procedures shall be followed for all improvements requiring a building permit or visible changes in form, texture, color, exterior fagade, or landscaping. Section 17.72.050 provides the criteria by which the Planning Commission may approve, approve with conditions, or disapprove a design review application: A. The plans indicate proper consideration for the relationship between the proposed building and site developments that exist or have been approved for the general neighborhood; City Council Meeting April 26, 2015 Page 11 of 16 The proposed development is located within an established commercial district of the City. The Applicant has provided a design of high aesthetic quality, which in Staffs determination will improve the aesthetics of one of the City's prominent intersections and the project site's relationship to the commercial district. The proposed project is consistent with the Goal 3, Policy 3.1 of the Land Use Element of the City's General Plan in that the goal and policy call for encouraging mixed-use development as a means of upgrading established uses and developing vacant parcels along arterials to provide new commercial, residential, and employment opportunities. In addition, Goal 3, Policy 3.5 of the Land Use Element of the City's General Plan calls for promoting lively and attractive ground -floor retail uses that will create public revenues needed to provide for City services and the City's tax base. B. The plan for the proposed building and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations, and other factors which may have an adverse effect on the environment, and the manner of screening mechanical equipment, trash, storage and loading areas; To ensure that the surrounding properties are protected against noise, vibrations, and other factors, the Mitigation Monitoring and Reporting Program (MMRP) specifically addresses noise and lighting mitigation measures. All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Conditions of approval have been incorporated to eliminate adverse effects on the environment as a result of the proposed project. This development will not generate any permanent impacts to noise levels for the surrounding area. All construction work will be required to comply with the timeframe, and decibel levels indicated in the City's Noise Ordinance. Conditions of approval will specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting, and the overall maintenance of the property. C. The proposed building or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing building or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value; The proposed project will improve the aesthetics of the prominent corner by establishing a mixed-use development of high architectural quality. The improvements to the site, in terms of new construction, landscape, and hardscape will provide a marked improvement over the existing appearance of the intersection of Garvey Avenue and Del Mar Avenue. City Council Meeting April 28, 2015 Page 12 of 16 D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in those instances where buildings are within or adjacent to land shown on the General Plan as being part of the Civic Center or in public or educational use, or are within or immediately adjacent to land included within any precise plan which indicates building shape, size, or style; The property is not part of the Civic Center Plan, precise plan or land reserved for public or educational use, so there is no special need to create harmony with the general area. Notwithstanding this, the approved design will create a development that is an aesthetic upgrade over the surrounding area and that has the potential to enhance land values in the general area. This is due to the proposed new building fagade with higher quality materials, a design that blends better with the area, and greatly improved landscaping and parking lot area. E. The proposed development is in conformity with the standards of this code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved; and The proposed development meets all of the minimum code requirements for the C-3 MUDO-D (Medium Commercial with a Mixed -Use and Design Overlay) zone and all applicable referenced code sections of the Rosemead Municipal Code, as modified by the request for concessions under SB 1818. F. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effect of the development from the view of public streets. The Applicant has worked with the Planning Division in designing an aesthetically high-quality project. The front fagade has been designed to create visual interest at the street level. The main entrance of the building is highlighted through the use of a distinct corner element at the southwest and southeast corners of the building. In addition, various elements have been added to provide architectural interest to the design, such as the water features and potted plants along the front elevation, the use of contrasting exterior finishes and stone veneer at the base of the building. The subtle details of common open spaces and pedestrian - scaled architectural elements echo the modern design aspect for this mixed-use development. Section 17.116 of the Rosemead Municipal Code sets forth the procedures and requirements for zone changes and amendments. A zone change may be permitted whenever the public necessity, convenience, general welfare or good zoning practice justifies such action. Pursuant to California Government Code Section 65860 (a), a City Council Meeting April 28, 2015 Page 13 of 16 zone change must be found consistent with the City's General Plan, A. Land Use: The General Plan Land Use Designation of the subject site is currently Commercial and Medium Density Residential. However, with implementation of the zone change, the site would change to a Mixed -Use: High Density Residential/Commercial Land Use Designation with a maximum density of 60 dwelling units per acre and maximum floor -area ratio of 2.0:1. The project site area consists of 1.14 acres. With a total of 60 residential dwelling units and 1.61 acres of total floor area, the project is consist with the Land Use Element of the General Plan. B. Circulation: The proposed project will result in an increase in vehicle trips from the proposed residential and commercial land uses of the mixed-use project. With the incorporation of mitigation measures, this increase will not result in significant environmental impacts upon the Level of Service of surrounding street intersections and project entry driveways, and will not adversely affect surrounding properties. The proposed project will provide adequate off-street parking, including two levels of subterranean parking and one level of surface parking, to serve the parking needs of future residents and patrons and minimize traffic -related impacts upon the neighborhood. C. Housing: The proposed project is consistent with the City of Rosemead Housing Element, which seeks to provide a variety of housing types for the various demographics of the community. The proposed development will provide 60 new residential dwelling units, including 9 designated low-income rental units. D. Resource Management: The proposed development is located in a developed urban area, and as such, will not result in any significant impact upon natural resources. With the incorporation of mitigation measures, such as building setback and landscaping, the proposed building will have a less than significant impact upon the aesthetics from adjoining properties. E. Noise: This development will not generate any significant permanent impacts to the noise levels of the surrounding area. The proposed project will result in additional pedestrian and vehicular traffic noises, but is not considered to be substantial. There will be a temporary increase in ambient noise levels above the existing levels due to the presence of heavy equipment and trade personnel during construction activities. All construction work will be required to comply with the defined timeframe and City's Noise Ordinance. All mechanical equipment will be designed to minimize noise impacts on adjoining properties. City Council Meeting April 28, 2015 Page 14 of 16 F. Public Safety: The proposed development will allow the construction of residential and commercial uses in a developed urbanized area where there are no known public safety concerns. The site is not located in a seismic safety zone, and the entire City of Rosemead is located in Flood Zone C (flood insurance is not mandatory) and is free from any flood hazard designations. The project will be designed to meet the latest Building Code and Fire Code to maximized public safety of the site. Section 16.08.130 of the Rosemead Municipal Code provides the standards for approval for a tentative map: A. The proposed division will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity. The proposed division will not have any foreseeable, materially detrimental impacts on the surrounding area. The proposed project will enhance the aesthetics of the immediate vicinity and potentially increase the property values of the neighborhood. The improvements to the landscape and hardscape of the site will enhance the overall appearance of the surrounding area. B. The proposed division will not be contrary to any official plan adopted by the City Council; or to any official policies or standards adopted by the City Planning Commission or the City Council and on file in the office of the City Clerk at or prior to the time of filing of the application hereunder. The proposed project was not a part of any official plan at the time of filing of the application. The proposed project consists of concurrent application filings for a General Plan Amendment and Zone Change, to ensure that the project is consistent with the General Plan and Zoning Plan. The proposed subdivision will be consistent with the purpose of Chapter 16.08 of the Rosemead Municipal Code, Minor Subdivisions, in that it will be in compliance with the official land use zoning plan of the City and any other applicable design standards. C. Each proposed parcel conforms in area and dimension to the provisions of zoning and subdivision requirements of the City. The proposed subdivision will conform to the zoning and subdivision requirements of the City in area and dimension. The C-3 (Medium Commercial) zone does not provide minimum or maximum standards for the lot area or dimensions. D. All streets, alleys and driveways proposed to serve the property have been dedicated or such dedication is not required for the protection of public safety, City Council Meeting April 28, 2015 Page 15 of 16 health and welfare and that such streets, alleys and driveways are of sufficient width, design and construction to preserve the public safety and to provide adequate access and circulation for vehicular and pedestrian traffic. The applicant has proposed a necessary number of driveways with sufficient dimensions to provide adequate access and circulation for vehicles and pedestrians. Additionally, the proposed project includes a dedication to enlarge the public right-of-way. E. All easements and covenants required for the approval of the tentative map or plot plan have been duly executed and recorded. The proposed subdivision will not require any easements or covenants for the approval of the tentative map. STATE LAW REQUIREMENTS Authority for and Scope of General Plans Section 65300 et seq of the California Government Code sets standards for each City to prepare, adopt, and amend a comprehensive general plan. This plan coordinates the long-term physical development goals and objectives of the City. Government Code Sections 65860, 66473.5 and 66474 require that day-to-day development decisions, such as zoning and land subdivisions should be consistent with the General Plan. The proposed amendment to the General Plan will change the land use designation of six (6) parcels from Commercial and Medium Density Residential to Mixed-use High Density Residential/Commercial (60 du/ac). The proposed change will not eliminate any active or passive recreation areas since the subject properties are private property and not open to the public. PUBLIC NOTICE PROCESS On April 16, 2015, thirty-nine (39) notices were sent to property owners within a 300 - feet radius from the subject property, in addition to notices posted in five (5) public locations, on-site, and published in the Rosemead Reader. City Council Meeting April 28, 2015 Page 16 of 16 Prepare y: 44�� Lily T. Valenzuela Associate Planner ATTACHMENTS: Submitted by: (JtW0' Michelle Ramirez Community Development Director A. Resolution 2015-01 with Exhibit "A" (Conditions of Approval) B. Ordinance 942 C. Planning Commission Staff Report, dated December 15, 2014 D. Planning Commission Meeting Minutes, date December 15, 2014 E. Planning Commission Resolution 14-10 F. Letter of Request for Density Bonus G. Letter Sent to Residents and Property Owners K Mitigated Negative Declaration/Mitigation Monitoring Program 1. Architectural Plans Attachment C City Council Meeting Minutes, dated April 28, 2015 MINUTES OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING April 28, 2015 The meeting of the Rosemead City Council was called to order by Mayor Clark at 6:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PRESENT: Mayor Clark, Council Members Alarcon, Low and Ly ABSENT: Mayor Pro Tem Armenta STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager/Acting Public Works Director Hawkesworth, Community Development Director Ramirez, Director of Parks and Recreation Montgomery -Scott, and City Clerk/Director of Communications Molleda. 1. WORKSHOP A. Rosemead Development Impact Fee Study City Manager Allred introduced the item indicating the Development Impact Fee Study was completed in accordance with the City's Strategic Plan. The purpose of the study was to calculate fees that would enable the City to maintain its public facility standards as new development creates impacts. He introduced City Planner, Sheri Bermejo and Carlos Villarreal from Wilidan Financial who made a PowerPoint presentation. Ms. Bermejo and Mr, Villarreal provided an in depth report on the impact fee study and the Methods used to develop the proposed impact fees for the City of Rosemead. The Rosemead Development Impact Fee Study (DIF) proposes four fee categories: traffic facilities, public safety facilities, general government facilities, and park facilities. By implementing the DIF study and the collection of fees through the year 2025, traffic fees were projected to generate close to $1.2 million; the public safety facilities fee was projected to generate $97,000; general government facilities fee was projected to generate $873,000; and the park facilities fee was projected to generate $3.2 million. Ms. Bermejo noted that the City currently only had a park fee of $800 per unit which has been in effect since 1993. Ms. Bermejo pointed out a table of the proposed fee schedule contained in the study were broken into two categories residential and non-residential and each fee category was broken out by the type of fee: traffic, public safety, general government and park. The residential fees for net new development were charged by unit. Non-residential fees for new development were charged per 1,000 square feet. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of April 28, 2015 Page I of J9 In response to a question posed by Council Member Low, Ms. Bermejo responded that when an existing dwelling on a lot that met the square footage requirements to allow for two dwellings on the lot was demolished; and two new dwellings were built, only the second dwelling would be charged a fee. She confirmed further that an existing dwelling that was demolished and rebuilt would not be charged an impact fee. The next step in the process was the implementation of an ordinance based on the City Council's direction. The DIF ordinance would contain regulations and standards on how to charge the fees, Staff was suggesting that the fee be calculated at the issuance of the building permit, which was standard, and the fees would be due prior to the issuance of a Certificate of Occupancy. City Planner Bermejo informed the City Council that an evaluation and survey of several cities' impact fees was completed. As a result, staff analyzed the City's fees against other cities' fees by using a prototypical development. The prototypical development was a single family unit, multi -family project consisting of 20 units and 29,000 square feet; a retail development consisting of 50,000 square feet of retail, and an office prototype project consisting of 50,000 square feet. She reviewed the PowerPoint slide that summarized the impact fees comparisons with other cities for a single family project and advised that if the DIF study was implemented, the fee per unit would be $8,082 compared to the existing fee of $800. Council Member Ly pointed out that the City of Pasadena's fee was $26,000 and asked what the average would be if Pasadena was removed from the survey. Thereafter, followed a brief discussion on the selection of cities surveyed. Ms. Bermejo informed Council that staff submitted the survey to several cities but only the cities that responded were included in the survey. Mr. Villarreal advised the Council that the response to Council Member Ly's question about removing the City of Pasadena from the survey for single-family prototypical project was $6,206 per unit. Council Member Low asked whether Rosemead could charge other fees and whether those other special fees had to go through the approval process. City Attorney Richman explained other fees such as fees for a landscape maintenance district or a special business improvement district would each have their own approval processes wherein Council would have to establish the area, the property owners have to agree to it, there would be an election and the process would have to be followed. She explained that those funding sources were not fees that the Council could just adopt. Council Member Ly acknowledged the City received a letter from the Building Industry Association (BIA), Southern California Chapter, noting their concerns with specific fees and asking the City to consider a phase in approach; he asked for staff's opinion on a phase in approach, Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of April 28, 2015 Page 2 of 19 City Manager Allred responded that the BIA requested a five-year phase in period and staff felt that -was too long of a period of time since the Development Impact Fee was only for ten years. He suggested a three year plan, if that was the direction Council wished to go. Council Member Ly asked about the BIA's position of eliminating the general government fee. Ms. Bermejo explained that new development would place greater demand on existing inventory of vehicles, buildings and equipment and in order to serve the new development the City would need to fund new vehicles, buildings, and the improvement of the new public facilities yard on River. Council Member Ly mentioned the BIA's letter also discussed the park fee should be recalculated based on the master plan which was the current system of the City. Mr, Villarreal responded that using a system standard to calculate the park fee would be used to raise the standard. The Park Master Pian predominately focused on rehabilitating existing park facilities in order to maintain the City's existing standard of park facilities; however, there still needed to be more facilities identified to benefit new development. Council Member Ly confirmed with Parks and Recreation Director Montgomery -Scott that the City's current ratio of park space is 0.64 acre per 1000 residents; and the recommended ratio should be 6 to 10 acres per 1000 residents. Council Member Ly then pointed out the shortfall in impact fee revenue to the total cost of street maintenance and park maintenance over the next 10 years. He expressed his concern about the amount that would be imposed overall, since if Pasadena was excluded, the average rate would be $6,206 whereas the proposed rate would be $8,082 for a single-family detached dwelling. He felt the City needed to continue to be business friendly, and Rosemead's fees should be comparable to those of the neighboring cities. Mayor Clark agreed with Council Member Ly on the City's fees being comparable to those of the neighboring cities. She wanted staff to bring back a study that compared apples to apples, realizing that different cities charge different fees. She noted that South EI Monte, Alhambra and Montebello who shares borders with Rosemead were not included in the survey. She would not want to see a developer going to a neighboring city because their fees were lower, She did not want the City's fees to have a negative impact on development. She agreed with Council Member Ly that the City needed to lower what was being proposed and maybe phase the fees in over a period of time, to see how it works. She also stated that she agreed with the BIA's letter on charging the fees when the Certificate of Occupancy was issued. She noted that most of the cities that have higher fees were not contract cities. Council Member Low also agreed with what was said by Council Member Ly and Mayor Clark. She felt the City needed to be competitive. She thought traffic fees from new development would be used to purchase land for parking lots or a parking structure. She viewed the work to be done at intersections as maintenance. She did not see parking as one of the goals in the study to accommodate new development. Ms. Bermejo explained that only the Intersections that would be affected by the new development were included the DIF fee. A separate fee would need to be analyzed through another nexus study for parking. Rosemead City Council and the SuccessorAgency to the Rosemead Community Development Commission Joint Meeting Minutes of April 28, 2015 Page 3 of 19 City Attorney Richman added the City had to identify facilities under the Mitigation Fee Act; a fee could not be established unless the City identified what the fee would fund. Council Member Low asked about the impact on sewers resulting from new development and asked if the sewer should be included in the study. Assistant City Manager/Public Works Director Hawkesworth advised that Los Angeles County was responsible for the maintenance of the City's sewers but the City was responsible for expansion of the sewers. He indicated that Council Member Low's question was valid and one that was being studied through the Garvey Corridor Specific Plan. One of the issues being looked at in the EIR was the sewer capacity and what could be done because that ultimately effects development and how much development can happen without the sewer capacity to sustain it. He said that sewers would require another separate study because there were other funding options to be considered beside impact fees. Council Member Low then asked about the impact fee for general government. City Manager Allred advised that with new development, the footprint of the City Hall building might need to be expanded to house additional office space. Mr. Villarreal added that vehicles and equipment were also included under general government. Council Member Low asked about placing a cap on the non-residential portion of the impact fees. The City Attorney explained that if that was done then the study would be affected. The law required there be a nexus and the numbers need to add up to what the impact was unless adjustments and assumptions were made. Thereafter followed a lengthy discussion on lowering the fee and the length of time it would take to collect the revenue needed to fund the facilities. Public Comments Ezra Gavle with the Building Industry Association addressed the Council acknowledging staff. He felt some of the points raised by the Mayor and Council were valid and he hoped that the BIA could continue to work with staff to finalize some of those issues. Council Member Low added that she did agree with many of the comments contained in the letter submitted by the Building Industry Association and asked.staff to consider the BIA's recommendations, especially the phase in portion. There being no further business to come before Council, Mayor Clark recessed the City Council meeting at 6:49 p.m., noting the City Council would reconvene at 7:00 p.m. for the regular business meeting. Regular Business Meeting Minutes The meeting of the Rosemead City Council was called to order by Mayor Clark at 7:04 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of April 28, 2015 Page 4 of 19 PLEDGE OF ALLEGIANCE: Mayor Pro Tem Armenta INVOCATION: Council Member Alarcon PRESENT; Mayor Alarcon, Mayor Pro Tem Clark, Council Members Armenta, Low and Ly STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager/Acting Public Works Director Hawkesworth, Community Development Director Ramirez, Director of Parks and Recreation Montgomery -Scott, and City Clerk/Director of Communications Molleda. Council Member Ly asked that Item 6.A be moved up before the Public Hearings Mayor Clark advised that Item 6.0 would also be moved up before Item 6.A 2. PUBLIC COMMENTS FROM THE AUDIENCE Lawrence Shih, representative for Los Angeles County Supervisor Hilda Solis, First District addressed the City Council announcing that he was the liaison for the City of Rosemead and he looked forward to working with the City on diverse issues in the future. Lanny Aplanalp asked the City Council to do something about having the picture of a convicted felon removed from the City's wall Brian Lewin addressed the City Council regarding Southern California Edison's issue with public notification. He advised that Edison posted "no parking" signs on his street but neglected to notify the residents and the trash company that the street would be closed down. He asked if Council could request that Edison notify the residents and the trash company when it intends to close a street. Staff was asked to make a note of the issue, ITEMS MOVED FORWARD 6. C. Armenian Genocide Resolution This item has been placed on the agenda by Council Member Armenta to commemorate the 100th anniversary of this tragedy. City Manager Allred introduced Dean Trachodny who addressed the Armenian Genocide Resolution on behalf of the Armenian National Committee of the San Gabriel Valley. He advised the Importance of the Resolution to Armenian Americans as well as all Americans. It was their hope that the Federal Government would take heed of the numerous cities and the 42 states that have passed resolutions, and ultimately recognize the Armenian Genocide. He urged the City Council to adopt the resolution and thanked the Council for its consideration. Rosemead City Council and the SuccessorAgency to the Rosemead Community Development Commission Joint Meeting Minutes of April 28, 2015 Page 5 of 19 Mayor Clark advised the audience that she, and Mayor Pro Tem Armenta, attended the 100'h Anniversary Commemoration of the Genocide at the Montebello Monument. She advised the members of the audience that 1.5 million people in Armenia were killed by the Ottoman Turks one hundred years ago simply for being Armenian. She advised the President has not acknowledged the genocide; and it needed to be acknowledged, because of the saying, those that Ignore history are doomed to repeat it. Mayor Pro Tem Armenta advised she has close friends that were survivors of the Genocide and it was not appropriate for the President not to acknowledge it. She said history is history and the proof was there. She expressed her views on the President's failure to acknowledge it was genocide and not the result of war between the two factions, Council Member Ly concurred and stated the definition of genocide was the attempted destruction of a whole culture of people. It has been going on for a long time in many different cultures and it was time that it be called what it was — genocide. Council Member Low commented that history was history and it needed to be recognized. ACTION: Mayor Pro Tem Armenta moved, and Council Member Ly seconded, to approve the Resolution. The motion unanimously carried by the following roll call vote: AYES: Alarcon, Armenta, Clark, Low, Ly. 6. A. Skate Plaza Development Update Recommendation: That the City Council provide direction regarding the award of contract for the design of a skate plaza at Rosemead Park. Assistant City Manager/Acting Public Works Director Hawkesworth reminded the City Council that it had discussed the idea of a skate plaza in October, November and December of 2014. During those discussions various locations and design concerns were discussed and significant input was received from residents and non-residents that use the City's parks and facilities. After lengthy discussions and consideration, staff believed the best resolution was to work with a professional that has intimate knowledge of the skate park industry. An RFP was sent, seeking firms with specific experience in skate plaza designs and a proposal that could help identify whether the site was sufficient, if the many concerns previously raised could be addressed, and if a suitable and sustainable skateboard plaza could be developed within the parameters identified. He informed Council that the City received four excellent proposals from qualified firms and it was recommended that Spohn Ranch Skateparks be awarded the contract. This contract would include an evaluation of the site, outreach through social media and public workshops, a final design and the development of construction documents. Once all of the work was completed the full report would be brought back to the City Council to evaluate the findings and Council would determine if all of the concerns and objectives could be met. If the Council was pleased with the outcome and wanted to move forward with construction of a skate plaza at Rosemead Park, bids for actual construction would be sought. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes ofApril28, 2015 Page 6 of 19 Council Member Low confirmed that the cost for the contract was $22,000 for the design and outreach. She asked once the design was approved what the cost to build the skate park would be. Mr, Hawkesworth advised a cost range of $400,000 to $450,000 was set. Council Member Ly remembered voting in December 2014 to authorize the site location at Rosemead Park, and what he was hearing from staff now was uncertainty about where the skate plaza would be built. Assistant City Manager/Acting Public Works Director Hawkesworth clarified that the intention of this contract would be to design a skate plaza that can be built. The "ifs" were the number of concerns that were raised by Council Members and residents at the various meetings in 2014 regarding the dangers of the skate plaza being next to the jogging trail, and skateboards impeding on the jogging trail, the joint use, and where the Tel Chi people would be able to use the park. He advised those were the kinds of issues that staff would work through with the designer, along with taking input from all of the skateboarding community as to the features, and the types of things they would like to have access to. He advised that staff was definitely going to bring back a project that could be built; however, staff wanted all of the issues taken into consideration as it was being built, to make sure as many of the concerns as possible have been addressed, Council Member Ly expressed his concerns with staff's uncertainty in the report about where and if the skate park could be built. It was his recollection that the City Council had voted in favor of a skate park in Rosemead Park. Thereafter followed a discussion among Council regarding the issue and what was actually voted on in December. In response to Council Member Alarcon's question as to whether staff was looking at other sites besides Rosemead Park, Mr. Hawkesworth advised that Council had determined that Rosemead Park was identified as the only potential site that could be used for a skate park in Rosemead. That is why staff has focused on this site when seeking proposals from the architectural firms. Public Comments Jean Hall spoke in favor of the Skate Board Park and advised the City has made improvements to various facilities in the past and she strongly supported activities for Rosemead's young residents. She acknowledged staff for their hard work. Gloria Brill was in support of a skateboard park because it would bring more commerce, safety to residents, and reduce property damage to the City of Rosemead. She requested the Council select a design company that was reputable and who would design a great skate park that offers street transition, vertical skate boarding and be challenging. Alex Aranao addressed Council in support and expressed the importance of having a skate park for,the youth of the community who love to skate. Manny Solis addressed Council In support and advised he has been skating since he was 10 years old and a skate park would provide a safe place for the youth to skate. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission JointMeeting Minutes of April 28, 2015 Page 7 of 19 Jeremiah Gr¢zelie addressed Council in support of the skate park Eddy Magdaleno spoke in favor and thanked the Council and Council Member Ly for considering the skateboard park. He advised Council that the skateboarders were a community and not just a group of kids that skateboard. Shardee Galveston was in favor of building a skate park in the City of Rosemead because it would prevent people from skating through other areas. It would be a good alternative to other activities that young people get Involved with such as drug use or gangs. Allan Rosso addressed Council indicating that skateboarding was a way of life and was what kept young people going. He suggested the cost of the skateboard park would be offset by the cost of dispatching police for trespassing. Darlene Izsujerdo addressed Council in support of the skate park and asked if Council heard the need of the youth in the community. She mentioned that a skateboard was a form of transportation for the young people and there was a need for more activities for the youth. Phillip Hermann was in support of a skate park so the skaters have a safe place to skate. Jacleile Velasco addressed the City Council in support of a skate park stating that there is no place for the youth to skate in Rosemead. She has to drive to Los Angeles and other cities to take her nephew to a skate park. Isaac Castillo addressed Council in support of a skate park comparing it to playing basketball without a court. By building a skate park the Council would be giving the skaters a place to learn, progress and build friendships. Council Member Ly, after having an opportunity to look at the Minutes from the November 10, 2014, Council Meeting, pointed out that his exact motion, seconded by Council Member Armenta, was to proceed with Option B and direct staff to bring back a continued design. He described the Option B design to Council and asked if Council was thinking about changing its mind on the location or whether Council was still set with Option B. Mayor Pro Tem Armenta read the Minutes from the December 9, 2014 Council meeting regarding the update on the skate plaza development. The Minutes reflected that staff was working with the Street League Foundation, a non-profit corporation, to assist in funding and development of the plaza. The Minutes reflected the Street League Foundation and its partner California Skate Parks were developing a proposal for the design, construction, and management services for the construction of the project. City Manager Allred explained to the City Council that the City did not have an agreement with California Skateparks at that time. The City merely had a conceptual plan; and, therefore, the City had to go out to bid to identify a design company that could provide designs for the City and that was what was before the Council. He noted California Skateparks was one of the proposers and its bid was third lowest. Staff was recommending the low bidder, Spohn Ranch. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes ofApiil28, 2015 Page 8 of 19 Mr. Hawkesworth advised Council one reason for the delay in bringing this back was the previous designer staff had been working with and the non-profit corporation they were partnering with in funding, did not come to fruition. The company made a lot of promises about what they could do, but they could not produce anything. They had made promises of $100,000 to $150,000 in contributions through a grant. When staff tried to negotiate the contract and get it in writing, they could not produce anything and that is why the project got delayed. Thereafter followed a lengthy discussion between Council Member Ly and Parks and Recreation Director Montgomery -Scott regarding the extended use of Rosemead Park and the park being at capacity. The discussion also focused on where, in the City, skaters could go to skate and the need for a skatepark. Parks and Recreation Director Montgomery -Scott, in response to Council Member Low's question as to whether the new contractor bring a new design back, advised that when the contract was awarded, that contractor would bring some conceptual designs and element ideas and meet with skaters to make sure the elements the skaters are most interested in would be included. He explained it would take some time for the company to come back with a design and it could be similar or very different. Council Member Low advised she has received many phone calls from residents with their concerns. She also went to Montebello to observe its skatepark. She was disturbed at what she saw noting there was graffiti all over the outside and inside of the skatepark and trash all over the place. She indicated she has been working very hard to clean up graffiti in the City of Rosemead and when she saw the skatepark in Montebello she was heartbroken because she would not allow the skatepark in Rosemead to have graffiti. She said at this point, after thinking about it for a long time, she doesn't know how to vote on this project because while she wants the youth to have a skatepark she doesn't know what will happen to it in the future. She reiterated her understanding that the action before Council was to approve the design and outreach for a contract cost of $22,000. A general discussion ensued regarding the issue of graffiti being a community wide problem on various recreational facilities in Rosemead as well as other communities and it could not be attributed to one segment of the community, ACTION: Council Member Ly moved, and seconded by Mayor Pro Tem Armenta, that the City Council still supported the skatepark; and the Council will still move forward with the skatepark idea at Rosemead Park; and authorize staff to enter into an agreement with Spohn Ranch Skateparks in the amount of $22,000; and authorize the City Manager to sign the contract. Further discussion ensued about finding a contractor as soon as possible and the outreach to be done by the Spohn Ranch Skateparks on the design of the skatepark and the skaters taking responsibility to maintain the skatepark and help prevent graffiti. The previous motion carried by the following vote: AYES: Mayor Clark, Mayor Pro Tem Armenta, Council Members, Alarcon, Low and Ly, Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of April 28, 2015 Page 9 of 19 The City Council concurred to move Item 53 forward and then recessed at 8:29 pm. The City Council reconvened at 8:40 p.m, 5.13 Selection of a Building and Safety Division Contractor Recommendation: That the City Council authorize the City Manager to enter into a new three- year agreement with Wilidan with the option to extend the agreement for up to two additional years, consistent with the City's purchasing policy. Community Development Director Ramirez presented the report indicating at the October 28, 2014 City Council meeting direction was given to staff to initiate a request for proposal for building inspection and plan check services, which was released on November 10, 2014. The City received six proposals of which four companies, Charles Abbott Associates, Infrastructure Engineers, Transtech Engineers and Wiilidan were Invited to a formal interview with City staff that included the City Manager, Jeff Allred, the Assistant City Manager Matt Hawkesworth, and her. Based on the Interviews, an RFP addendum was distributed to the four firms clarifying the services the contractor was expected to perform on the City's behalf. The addendum required all four companies to resubmit their proposals on a City -created compensation proposal form. She noted that based on the review of the RFPs, staff interviews of each firm, and the review of the RFP addendum, staff was recommending the City Council award a new three year contract with the Option to extend the agreement for two additional years to Willdan. Public Comments Alvaro Hilar, representing Transtech Engineers addressed the City Council indicating that Transtech responded to the staff report with a letter that was sent to staff and the City Council; and representatives from Transtech was present to answer any questions. Daniel Chow, President and CEO of Willdan Engineers and Jim Guerra, consulting Building Official and Deputy Director for Building and Safety Services representing Willdan Engineers addressed the City Council stating that Willdan has served the City for the last 34 years. Mr. Chow advised that Willdan would like to continue its service with the City and the citizens of Rosemead. Alex Ma, an architect requested the City Council continue to use Willdan's services. He indicated he has worked with other cities and the people in the building department were not professional, nice or patient. The Building Department officials in Rosemead work with the people, and are patient and nice. Helen Hua, CEO and Executive Director of the Rosemead Chamber of Commerce, representing the Chamber's Board of Directors, requesting Willdan Engineering be retained for Building and Safety services. She advised Council that the customer satisfaction feedback has been very positive. Long lasting partnership and customer satisfaction were compelling enough for the Chamber Board to ask the Council to retain Willdan's services. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of April 28, 2015 Page 10 of 19 Brian Lewin addressed the City Council stating he wasn't supporting any specific candidate but expressed his views regarding the request for proposal which he felt sent mixed messages and it appeared to assume the non -mastery of the HdL software was a specific problematic disadvantage. He also felt the RFP neglected to seek expertise in mixed use projects, Tim Tiet, who has been a contractor in the City of Rosemead for over 15 years expressed support for Willdan stating each time he goes to building and safety he receives very good help from Jim Guerra whereas in Monterey Park he does not get good service. Mayor Pro Tem Armenta stated the City Council received a letter from Transtech addressed to City Manager, Jeff Allred concerning the bidding. She felt there were several issues raised by Transtech that needed to be addressed. She then asked the Community Development Director a series of questions related to the issues in Transtech's letter. Ms. Ramirez responded to all of the questions asked by Ms. Armenta relating to the issues raised in Transtech's letter, Ms. Ramirez advised the Council that Transtech did not provide an all-inclusive fee schedule in their proposal and because of their responses during the interview staff felt an addendum was necessary to clarify whether or not the proposal was all inclusive. The addendum was sent to all four companies who were required to respond to the addendum. Staff specifically outlined everything the City wanted so there was no confusion and there would be an even playing field to compare apples to apples. Council Member Low suggested Transtech be given an opportunity to respond to the comments from staff. Neville Pereira representing Transtech Engineers addressed the City Council indicating he would like to mitigate the "fie said, she said." He realized that three staff members were present and were attesting to what happened, specifically relating to the interview process, He stated Transtech's recollection of the question was what happens on a regular basis to cover lunches for staff. Mr. Pereira said that Transtech's staff on site would cover each other for lunches and other times that occur on a regular basis. The question was then expanded to ask about ad hoc absences such as illnesses at which Transtech advised they do have other staff in the region that Transtech can use to fill those positions on an immediate, emergency basis. A discussion between the City Council and Transtech continued on the staffing levels proposed by Transtech. Mr. Pereira confirmed for Mayor Pro Tem Armenta that the person involved in the interview did not state that Transtech would share personnel from other cities; the additional services included in the addendum and the additional charges for those services. Mr. Pereira clarified that whenever a contractor responds to an RFP there Is a subjectivity that was brought to the response no matter how much It was articulated in the RFP. He said there is a certain amount of historical knowledge brought based on the fact that other people believe, including the incumbent, responded thesame way by providing an hourly rate sheet with their all-inclusive percentage. Ms. Ramirez explained that from time to time the City may request the consultant to perform a service that was outside the normal scope of services and provided an example of what she was talking about. When the RFP was written, staff asked for an hourly rate sheet for items that were outside of the scope of work. Ms. Ramirez added that the other two companies also had things missing from their proposal advising Council of what -those items were. Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of April 28, 2015 Page 11 of 19 Mayor Pro Tem Armenta continued to seek clarification from Mr. Pereira as to what the justification was for the 1 % percentage rate increase in the addendum when all of the items in the addendum, but one, were included in the original RFP. Mr. Pereira responded that he didn't have the information in front of him, but it was primarily the plan check issue. Council Member Ly noting that there was enough inconsistencies among the bidders to issue the addendum, asked why staff did not include those issues in the RFP to begin with. Ms. Ramirez responded that except for the "no -fee and the city projects," staff felt in was all-inclusive in the RFP. Council Member Ly compared the proposed fees of both Willdan and Transtech and confirmed with staff that even though Willdan's fees were higher and the additional revenue the City would receive with Transtech, staff felt it was worth the higher fee to award the contract to Willdan. A lengthy discussion ensued regarding the proposers' references, specifically Transtech, and the results of the reference checks performed by staff as well as individual council members. Also discussed was the Importance of having a company that was easy to work with. Mayor Clark expressed her view that the higher cost of the contract was miniscule compared to the integrity factor. She acknowledged that Mayor Pro Tem Armenta brought up several issues that she agreed with. She mentioned that she was offended by the letter received from Transtech because the tone was unfriendly and it was not the type of letter that should be sent from a company that wanted to get along with the City's staff. She felt the letter accused staff of not being truthful, which she could not fathom. She expressed her opinion that the City had a wonderful staff and the City was working very well and she could envision chaos if the City changed because of the lack of trust. ACTION: Moved by Mayor Clark moved to retain Willdan to perform building and safety division services because of the continuity factor, and because there was so'much support from the community who appreciates what they are doing and how they reach out to the customer. Mayor Pro Tem Armenta suggested opening discussion with Willdan before making a decision, and questioned Jim Guerra representing Willdan regarding Willdan's fee percentage split, the reason for it being lowered in the addendum, and the criteria in the RFP. Mr. Guerra responded to those questions and explained the split was a combination of Willdan's history and knowledge of the City on the level of service that was required. It was also based on previous revenue the City has received versus the cost of providing service and some forecasting as to what Willdan thought the future development would be, The intention of the retention percentage was to cover the cost of the consultant and the portion the city retained was to cover the cost of managing the contract and other associated costs. He further explained the percentage rate was lowered.in the addendum as a result of looking at the rates during the interview process. Mayor Pro Tem Armenta stated the reason for this line of questioning was because she did not want it to appear that City staff was only working with Willdan and that was why Willdan was the only company that specifically addressed all of the requirements in the RFP. Mr, Guerra stated that Wilidan shared her concern with the City and the City kept the RFP completely separate from Willdan's staff, kept the entire Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes ofApril28, 2015 Page 12 of 19 review process separate without Wiildan's staff and Wllldan received the same notices and information that everyone else received, Willdan stressed to its staff that the process remain impartial. Willdan had been with the City for a long time but it was really important at the end of the process to be able to answer that question. Mr. Guerra confirmed that Wilidan received no information separate from any other consultant and all they relied on was 34 years of service to the City, Council Member Low asked if because of Wllldan's years of experience with the City it had more of an understanding of what staff was looking for. Mr. Guerra said absolutely, any consultant working in a City during the RFP process has that knowledge to offer it. The service level that Willdan has provided over the past 34 years has evolved and changed as the needs of the City has changed and that was brought into their process. Thereafter followed a brief conversation on the use of additional staff that were brought in occasionally on an as needed basis as well as the percentage fee split. Mr. Guerra advised that the City emphasizes customer service and Wilidan's percentage intends to cover all the work that needs to be done before the City sees any revenue. Discussion continued regarding the HdL software and the need for City staff to be trained on its use. ACTION (continued): Mayor Clark stated her previously made motion stands. The motion was seconded by Council Member Alarcon, to retain Willdan to perform building and safety division services because of the continuity factor, and because there was so much support from the community who appreciates what they are doing and how they reach out to the customer. The motion unanimously carried by the following vote: AYES: Mayor Clark, Mayor Pro Tem Armenta, Council Members Alarcon, Low and Ly. The City Council recessed at 9:58 pm and reconvened at 10:02 pm. 3. PUBLIC HEARINGS A. Garvey Del Mar Plaza -- Design Review 12-05, General Plan Amendment 12.02, Zone Change 12.02, Tentative Tract Map 72529 - - 7801.7825 Garvey Avenue, 3012 Del Mar Avenue, and 3017 Brighton Street Recommendation: That the City Council: (1) Conduct a Public Hearing and receive public testimony; and (2) Approve Resolution No. 2015.01, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 12-05, GENERAL PLAN AMENDMENT 12.02, TENTATIVE TRACT MAP 72539, AND PROPOSED ALLEY VACATION FOR THE CONSTRUCTION OF A NEW RESIDENTIALICOMMERCIAL MIXED-USE DEVELOPMENT COMPRISED OF 15,553 SQUARE FEET OF RETAILIRESTAURANT SPACE AND SIXTY (60) RESIDENTIAL UNITS FOR A TOTAL BUILT AREA OF 70,162 SQUARE FEET, THE SUBJECT SITE IS LOCATED AT 7801.7825 GARVEY AVENUE, 3012 DEL MAR AVENUE, AND 3017 BRIGHTON STREET IN THE C-3 (MEDIUM COMMERCIAL) AND R-2 (LIGHT MULTIPLE Rosemead City Council and the Successor Agency to the Rosemead Community Development Commission Joint Meeting Minutes of April 28, 2015 Page 13 of 19 RESIDENTIAL) ZONE (APN'S: 5287.039-001, 002, 003, 004, 005, 011); (3) Introduce for First Reading, by title only, Ordinance No. 942, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING ZONE CHANGE 12-02 CHANGING THE ZONING CLASSIFICATION OF SIX PARCELS FROM C-3 (MEDIUM COMMERCIAL) AND THE SINGLE-FAMILY RESIDENCE AT THE NORTHEAST CORNER OF THE SITE R-2 (LIGHT MULTIPLE RESIDENTIAL) TO C-3 MUDO-D (MEDIUM COMMERCIAL WITH A RESIDENTIAL(COMMERCIAL MIXED-USE DEVELOPMENT OVERLAY AND DESIGN OVERLAY). THE SUBJECT SITE IS LOCATED AT 7801-7825 GARVEY AVENUE, 3012 DEL MAR AVENUE, AND 3017 BRIGHTON STREET (APN'S: 5287-039.001, 002, 003, 004, 005, 011); and (4) Adopt the Mitigated Negative Declaration and file the Notice of Determination for the project. Associate Planner Lily Valenzuela provided the agenda report explaining that Gerard Ngo submitted entitlement applications requesting development of a new residential -commercial mixed use development consisting of sixty condominiums units and 15,553 square feet of commercial space. She described the project and location to Council. She clarified that the project was only proposing nine affordable units rather than 12, and advised staff wished to modify condition No. 85 to state that permanent, physical barriers shall be installed to restrict left turn access on Del Mar Avenue going south. She advised that staff would like to add four conditions that relate to CC&Rs since the project was now a condominium project. She advised Council regarding the recommended actions to be taken. In response to Council Member Ly's question regarding the amount of open space being provided as part of the project, Ms. Valenzuela responded 9,510 square feet of common open space, and 5,915 square feet of private open space. Mayor Clark opened the public hearing Michael Lewis addressed the Council on behalf of the applicant and offered to answer any specific questions the Council may have. Thereafter followed a brief discussion regarding the common open space area. Michael Hastings with Direct Point Advisors on behalf of the applicant addressed Council and offered to answer any questions, Joseph Babakitis whose property was adjacent to the project expressed several concerns about the project including the restricted left turn onto Del Mar; the common open space area; the above ground transformers being next to his home; the trees that would block his line of sight; and SB 1818. Gerardo Hiiar addressed the Council in opposition to the project due to the height of the project, the restricted street access, and the increased traffic and parking on Del Mar and Garvey. He submitted pictures to the City Council. Ariadne Hila r addressed the Council in opposition to the project stating that Brighton Street was too small to have a building of this size; and in addition she was concerned about safety, rodents and other issues that would increase as a result of this project. Rosemead City Council and the Successor Agency to the Rosemead Community Devetopment Commission Joint Meeting Minutes ofApril28, 2015 Page 14 of 19 Attachment D Site, Floor, and Elevation Plans