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PC - Item 3A - Specific Plan Amendment 21-01 and Zone Change 21-01 - 7539 & 7545 Garvey AvenueROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND PLANNING COMMISSION FROM: PLANNING DIVISION DATE: MARCH 7, 2022 SUBJECT: SPECIFIC PLAN AMENDMENT 21-01 AND ZONE CHANGE 21-01 7539 & 7545 GARVEY AVENUE SUMMARY Del Mar Property, LLC has submitted entitlement applications requesting to amend the Zoning Map by changing the zone of the subject properties from Garvey Avenue Specific Plan (GSP) to Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP- MU) zone, for the development of a new residential/commercial mixed-use development. The project is located on a 0.95 acre vacant site at the northeast corner of the intersection of Prospect Avenue and Garvey Avenue (7539 & 7545 Garvey Avenue, APN Nos. 5286-022-009 and 5286-022-010). The project proposes the construction of a seven -story, mixed-use development with 6,346 square feet of nonresidential (commercial) use on the first floor and 75 residential units on the first through seventh floors. Of the 75 residential units, 30 are live/work units and 45 are residential apartments. The project also proposes 147 parking spaces, including 110 standard spaces, 32 compact spaces, four handicap accessible spaces, and one loading space and 12,547 square feet of landscaping. The project also includes a text amendment to the Garvey Avenue Specific Plan permitting sit-down restaurants with a minimum requirement of 1,000 square feet to obtain an Administrative Use Permit (AUP) for beer/wine sales in the Garvey Avenue Specific Plan (GSP) and Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zones. ENVIRONMENTAL ANALYSIS The Initial Study has been undertaken to determine if the proposed project may have a significant effect on the environment. The Initial Study was prepared and completed in accordance with the California Environmental Quality Act (CEQA) Guidelines. On the basis of the Initial Study, the City of Rosemead has concluded that the project would have a significant impact, unless mitigated, therefore a Draft Mitigated Negative Declaration (MND) was prepared. The MND reflects the independent judgment of the City as a lead agency per CEQA Guidelines. The project site is not on a list compiled pursuant to Government Code section 65962.5. CD CD O h C' n D CD rt•��i, � n �� ,r� -T* -1 r cn w cn ��� (D ��2-D m m C SCD O N ' D Q - CDC (n�' `°"� �w� m oopQ�D C) mzr ���'���mm oNo m 0 = p n 0 0 0 o -o m v m rt o N Q "' a � su n � �- � �, o (D —1 X v w O r+ v N CD m c�i � � O CD V :3 -0 C7 m ('D v 3 �:3 CD3 mo con �• �_0 Q -o 3cQ �• 3 p Z O (' v w O 0 �. 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Zone Change 21-01 will amend the Zoning Map of the subject site from GSP to GSP-MU. Specific Plan Amendment 21-01 Per Section 65453(a) of the California Government Code, a specific plan shall be prepared, adopted, and amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body. Per Rosemead Municipal Code Section 17.150.040, adoption of, or amendment to, a specific plan relating to land use may be initiated by the City or by submittal of a Master Plan. When initiated by a master plan, the person shall file a petition with the City and pay a filing fee as required in Chapter 17.120 of [Title 17]. The applicant submitted a Specific Plan Amendment (Specific Plan Amendment 21- 01) to amend the Garvey Avenue Specific Plan zoning district of the subject site from GSP to GSP-MU. Development Standards Staff has verified that the proposed development would be in compliance with most of the applicable development standards of the Garvey Avenue Specific Plan, as demonstrated in the following table, however, the application of community benefits have been applied to the project, which allows deviations from development standards for density, floor area ratio (FAR), and building commercial/residential land use ratio. The details of the Community Benefits Program are described on page 7. Development Feature Required ` Proposed Total Lot Size of Development 10,000 square feet (minimum) 41,235 square feet Site Maximum density without the provision of Community Benefits: 25 dwelling units/gross acre 75 dwelling units/gross acre Density Maximum density with the provision of Community Benefits: *Community Benefits applied 80 dwelling units/gross acre Floor Area Ratio (FAR) without the provision of Community 2.7 Floor Area Ratio Benefits: 1.6 maximum (FAR) *Community Benefits applied Floor Area Ratio (FAR) with the provision of Community Benefits: 3.0 maximum Planning Commission Meeting March 7, 2022 Page 6 of 50 Public Sidewalk 12'-0' with 7'-0" wide sidewalk (clear zone) and 5'-0" wide 12'-0' with 7'-0" wide sidewalk (clear zone) and 5'-0" wide parkway (amenity zone) parkway (amenity zone Front Setback Nonresidential: No Minimum Zero (0) feet No minimum unless required by Community Interior Lot Line Development Director, Public Works Director, Zero (0) feet Setback City Manager or his/her designee, or other reviewing agency. No minimum unless required by Community Side Street Development Director, Public Works Director, Setback City Manager or his/her designee, or other Zero (0) feet reviewing agency. All residential, commercial, and mixed-use developments 33'-1" Rear Setback shall have a rear variable height when abutting R-1 or R-2 (Variable zones. Variable height requirement Height) This specifies a setback minimum of 25' from the property met, please refer to Section A line, increasing at a 60 degree angle from that point. on Sheet A-400 75'-0" 75'-0" Height An additional 5'-0" beyond the height limit is allowed for The proposed elevator shaft unique architectural elements as determined by the extends an additional 5'-0" Community Development Director. For residential developments, the project shall provide no less than 1.0 standard sized parking space/dwelling unit. Total required residential parking: 45 parking spaces 45 units = 45 secured parking spaces Parking In addition to the residential spaces described 45*(0.5) = 23 secured parking (Residential — above, 0.5 standard sized parking space/dwelling unit is Includes Guest required guest parking. spaces Parking) Total required residential guest parking: 23 parking spaces Total Provided: 68 secured parking spaces Provide 1.0 standard size parking space per 400 square feet of floor The greater of: area Parking (Live/Work — Residential: 1.0 standard sized parking space and 0.5 30 Live/Work units (Live) = 30 secured parking spaces Includes Guest standard sized guest parking space Parking) Nonresidential: Provide 1.0 standard size parking space 30 Live/Work units (Work) = 30 per 400 square feet of floor area secured/unsecured parking spaces Total Provided: 60 Parking spaces Retail: 1.0 standard sized parking space per 400 square feet Parking (Commercial) of floor area 16 parking spaces Total Required: 16 parking spaces 10% of required off-street parking Bicycle Parking 14 bicycle parking spaces 144 (10%) = 14 bicycle parking spaces Planning Commission Meeting March 7, 2022 Page 7 of 50 Community Benefits Program The Garvey Avenue Specific Plan has provisions for community benefit incentives, which allows developers and property owners to increase the development potential if community benefits applied to the development application, constructed as part of the project development, and operated in perpetuity. Restrictions and/or covenants are required to be recorded on the property to ensure the benefits or amenities provided to earn the Community Benefit Incentive are maintained in perpetuity. The Garvey Avenue Community Benefit Program is applicable to all parcels within the Garvey Avenue Specific Plan corridor. The Garvey Avenue Community Benefit Program is based on a point system. Each community benefit type is assigned a number of Community Benefit points. A project may earn points from a single or multiple categories, depending on the project applicant's preference. The number of Community Benefit points earned is then translated into the increased density, FAR, or a deviation in the building commercial/residential ratio. The increase varies by zone and land use type. As shown in the table below, the proposed project includes five community benefit incentives with a total of 131 earned points. The earned points allows the project a 3.0 FAR, a density of up to 80 dwelling units/acre, and a deviation in the building commercial/residential land use ratio to 70% Residential Use and 30% Nonresidential Use, compared to a 1.6 FAR, 25 dwelling units/acre, and 65% Residential Use and 35% Nonresidential Use, respectively. The project proposes an FAR of 2.7, a density of 75 du/acre, and a building commercial/residential land use ratio of 68% Residential and 32% Commercial, as allowed for the site with the proposed community benefit incentives. Type of Benefit Usable Public Open Space: 5% of lot size Maximum Points. Earned Points FAR Earned Usable Public Open Space: Lot Consolidation Total Required: 2,062 square feet 2,593 square feet 35 Usable Private Common Usable Private Common Open Space Open Space: 150 square feet/dwelling unit Open Space: 17,495 square feet Friendly Total Required: 12,938 square feet 50 50 Private Open Space: 9,633 Development Private Open Space: 75 square feet/dwelling unit square feet Total Required: 5,625 square feet Building 68% Residential and Commercial/ Residential 65% Residential and 35% Commercial L 32% Commercial Ratio * Community Benefits applied Community Benefits Program The Garvey Avenue Specific Plan has provisions for community benefit incentives, which allows developers and property owners to increase the development potential if community benefits applied to the development application, constructed as part of the project development, and operated in perpetuity. Restrictions and/or covenants are required to be recorded on the property to ensure the benefits or amenities provided to earn the Community Benefit Incentive are maintained in perpetuity. The Garvey Avenue Community Benefit Program is applicable to all parcels within the Garvey Avenue Specific Plan corridor. The Garvey Avenue Community Benefit Program is based on a point system. Each community benefit type is assigned a number of Community Benefit points. A project may earn points from a single or multiple categories, depending on the project applicant's preference. The number of Community Benefit points earned is then translated into the increased density, FAR, or a deviation in the building commercial/residential ratio. The increase varies by zone and land use type. As shown in the table below, the proposed project includes five community benefit incentives with a total of 131 earned points. The earned points allows the project a 3.0 FAR, a density of up to 80 dwelling units/acre, and a deviation in the building commercial/residential land use ratio to 70% Residential Use and 30% Nonresidential Use, compared to a 1.6 FAR, 25 dwelling units/acre, and 65% Residential Use and 35% Nonresidential Use, respectively. The project proposes an FAR of 2.7, a density of 75 du/acre, and a building commercial/residential land use ratio of 68% Residential and 32% Commercial, as allowed for the site with the proposed community benefit incentives. Type of Benefit Basis for Calculating Points Maximum Points. Earned Points FAR Earned Density Earned Lot Consolidation 2 lots consolidated into 1 parcel 35 35 Family More than 10% of housing units as three Friendly bedroom or larger units. 50 50 Development Planning Commission Meeting March 7, 2022 Page 8 of 50 Floor Plan The project proposes three commercial (nonresidential) units with a total of 6,346 square feet on the first floor and 75 residential units on the first through seventh floors. Each commercial unit will total approximately 2,000 square feet. Of the 75 residential units, 30 are live/work units, including 4 live/work units on the ground level, 5 live/work units on the second floor, 7 live/work units on the third floor and 14 live/work units on the fourth floor. The size of the live/work units ranges from 1,041 square feet to 1,494 square feet. In addition, there are 11 different live/work floor 1 point for each 15 sq. ft./unit of common area open space above the required minimum per the Garvey Avenue Specific Plan, providing the common area open space contains at least two of the following: tot lot play equipment (swings, slide, climbing structure), community garden, or library. In order to provide for significant opportunities for national and regional retail Nonresidential tenants, a bonus shall be granted if the component of nonresidential component of a mixed-use Mixed-use site provides for tenant space with an 20 20 development average size of 2,000 s.f. or more (minimum sites size of 800 s.f. for each tenant space), then the project will receive a 5% increase in residential to make the split 70% residential to 30% commercial. 2 Points: For every 1 standard sized parking space marked for public use and permanently available for public use, Public Parking provided the project meets the minimum 50 6 — 3 stalls number of required public and private spaces, per this Specific Plan or the City of Rosemead 40 Points: If 50% or more of total building roof is an accessible, operational eco roof. 30 Points: LEEDTM Platinum, CALGreen Tier 2, or equivalent (third -party certification required) 20 Points: LEEDTM Gold, CALGREEN Tier Sustainable 1, or equivalent (third -party certification 20— Design required) 70 CALGreen Tier 1 The increased density or intensity will be granted to the qualifying building not the entire development or site area. The project will be conditioned to ensure compliance and construction in accordance with LEED Platinum, LEED Gold, CALGreen Tier 2, or CALGreen Tier 1. Total 131 3.0 80 Points du/acre Floor Plan The project proposes three commercial (nonresidential) units with a total of 6,346 square feet on the first floor and 75 residential units on the first through seventh floors. Each commercial unit will total approximately 2,000 square feet. Of the 75 residential units, 30 are live/work units, including 4 live/work units on the ground level, 5 live/work units on the second floor, 7 live/work units on the third floor and 14 live/work units on the fourth floor. The size of the live/work units ranges from 1,041 square feet to 1,494 square feet. In addition, there are 11 different live/work floor Planning Commission Meeting March 7, 2022 Page 9 of 50 plans proposed, each with a living room, kitchen, bedrooms, bathrooms, laundry rooms, and closets. The details of the live/work units are provided below: Unit Type No. of Units Square Feet No. of Bedrooms Live Square Feet Work Square Feet 2A-1 6 1,066 2 301 765 2A-2 3 1,160 2 331 829 2 B -L 3 1,163 2 333 830 2B -R 2 1,163 2 333 830 2C 2 1,235 2 309 926 2G 1 1,041 2 296 745 2BR-LOFT 4 1,346 2 673 673 3A 2 1,442 3 450 992 3AA 2 1,442 3 450 992 3B 4 1,337 3 480 857 3C 1 1,494 1 3 1 512 1 982 Total 30 The project also proposes 45 apartments on the fifth through seventh floors with 16 apartments on the fifth floor, 15 apartments on the sixth floor and 14 apartments on the seventh floor. The size of the apartment units ranges from 922 square feet to 1,784 square feet. In addition, there are 15 different floor plans proposed, each with a living room, kitchen, bedrooms, bathrooms, laundry rooms, and closets. The details of the apartment units are provided below: Unit Type No. of Units Square Feet No. of Bedrooms 2A-1 10 1,066 2 2A-2 5 1,160 2 213-1- 3 1,163 2 2C 6 1,235 2 2D 2 1,223 2 2D-1 2 1,173 2 2E 1 922 2 2F 1 995 2 2G 3 1,041 2 2H 1 1,127 2 3B 5 1 1,337 1 3 0 �� -D . (n •(Q � 0 "� Z3 (DD 0 0 0 m_0 O O O� 0 0 O m O O(n cOn -0zy m m m CD O CD< < O h v CD O m h O O (D'" 5 � iU h a (j D� CD (D Q m cn r < m cn m CD � Cnn (D 3 m O N' E a0 Q he�� cn 0 y c (D m CD m 0 v v 0 � � m m Al 0 O. 0-a - ccnn v <. O n O O ZT COD ((D m 5' 70 30-m cn -0�-scncn�'. SU IV m v cn 3 CD h cQ cn 0. CL C:O n m zT Qcn (D- _� O Q O ccn cn (D `< ,� a O O =3 sz cr �_ 0-DCD iS2.QW < < O O(Q (OD O N N<�. (� n Uri m Q �+ O O ccnn 0- N CCD m (Q v n v(OD a ��,�-+ 0 (� `< U) cn O c(Dn Q- Q O CSD w r* v .-� cn — � cn (p O Q �- m -, -O w o W v o m M cn—M0 Cc= — v, = m (n v c v o zTv (Q O h� Q-c�m �,D-0 a)r, O 0 O 0 Q O cn 0- CD 0 c0, 0 (CDD Q m O = O (j m U) CSD 3 0- O Q �-0 cn O 0- < x Q -0 0 0 CSD m 00 N Z3 O (Q c O O CD -�Q70 a O 0-v a- U) m•� v(nWo3�Q�mMW0- 0 cn 0 O m ChD m v M 0- � m v 00 < v� � 700 ^(Q CL `novo°=�'�h'� cn �0ccmm'Q�oQ3 Q cn c m D- M m o � -ate- Z3Crvhog(DD'��� CD E c (o D � o (D 0- � ((DD 3 (DD m- cn m = O m O_ O (D Q m O zT (D -01 O ch m a x m Q m a - S= Q (D zT O 5' m x v sz ca n� m CD cc No 0 O cn N cn CD CD o D m 0 0 v 4�, w 00 W N ((O v � .A P w Cl) w ca n� m CD cc No 0 O cn N cn CD CD Planning Commission Meeting March 7, 2022 Page 11 of 50 includes drought tolerant shrubs and ground cover, accent street trees, accent benches, and decorative planter pots in a five-foot wide parkway amenity zone along both Prospect Avenue and Garvey Avenue that are adjacent to the site. The sidewalks between the proposed mixed-use building and the parkway amenity zone includes exposed aggregate banding, light colored concrete with medium wash finish and accent pavers. Landscaping is proposed for the courtyards of the fourth through seventh floors of the building and includes 24"x36" high planter walls. In addition to landscaping, all of the courtyards include outdoor dining tables and chairs and depending on the floor, the courtyards include outdoor lounge sofas and chairs, a natural gas fire pit, view bar/counter with stools along with other amenities. The applicant has proposed to construct a decorative masonry wall along the north and east property lines. Since the perimeter wall along the north property line abuts a residential use, the first 20 feet of the wall must be 4'-0" high. The remaining portion of the wall and the wall along the east property line is proposed at 6'-0" high. In addition, to soften the appearance of the wall on the north property line, vines will be incorporated and planted six feet apart. Lighting The project site is currently vacant and does not generate any light or glare. The proposed project would introduce new sources of light and glare on the site compared to the existing condition. The project site is surrounded by existing commercial and residential development. The sources of light generated by the project include City required streetlights, interior and exterior lighting of the seven -story mixed-use building, landscape lighting, lighting in the parking areas within the building, and headlights of the cars that enter and leave the site at night. The wall along the north side of the mixed- use building along with the proposed six-foot decorative masonry wall along the north project boundary would eliminate headlights from the cars in the ground level parking lot from shinning onto the yards and residences of the residents adjacent to and north of the project. In addition, all private lighting associated with the project would be required to meet and comply with all applicable lighting provisions in Rosemead Municipal Code Chapter 17.88. To ensure that the proposed exterior building lighting plan does not significantly impact existing adjacent and surrounding land uses, the following measure is recommended to reduce off-site lighting impacts to less than significant: • Prior to the issuance of a building permit the project applicant shall submit a lighting plan for approval by the Planning Division that incorporates the following light reducing measures as applicable: o Select lighting fixtures with more -precise optical control and/or different lighting distribution. o Relocate and/or change the height and/or orientation of proposed lighting fixtures. o Add external shielding and/or internal reflectors to fixtures. o Select lower -output lamp/lamp technologies. Planning Commission Meeting March 7, 2022 Page 12 of 50 o A combination of the above. Off -Street Parking and Access Vehicular access to the project site is provided via a 25 -foot -wide driveway located along the north property line, from Prospect Avenue. The driveway provides an entrance to the ground level parking area and access to ramps that provide vehicular access to parking on the second and third floor parking areas. All delivery vehicles for the nonresidential space on the ground level would enter the site from Prospect Avenue and park in a designated loading area on the ground level for site deliveries. Delivery trucks would be restricted to two axle trucks. Delivery trucks would not be allowed to park along either Prospect Avenue or Garvey Avenue. Per RMC Table 17.21.030.1 (Garvey Avenue Specific Plan District Development Standards), the following off-street parking requirements would apply to the residential and nonresidential (commercial) uses in the GSP-MU zone: Residential: One standard sized parking space and 0.5 standard sized guest parking space • Nonresidential & Restaurants with 2,500 square feet floor area or less: One parking space per 400 square feet of floor area In January 2021, the City Council approved an interpretation of Live/Work Units within the Garvey Avenue Specific Plan. Since the Garvey Avenue Specific Plan does not clearly identify the off-street parking requirement for live/work units, the City Council determined that the off-street parking requirement would be the greater of the two uses. This will ensure that off-street parking will not be impacted by live/work units in mixed- use developments. Based on the off-street parking requirements, a total of 144 parking spaces are required for the proposed project. The applicant has proposed to provide 147 total parking spaces, which includes 110 standard spaces, 32 compact spaces, 4 handicap accessible spaces, and one loading space. The project also proposes 14 bicycle spaces. Off-street parking spaces for the residential use is separated from nonresidential (commercial) parking and will be accessed through a secure gated entrance. The project proposes to utilize the three remaining parking spaces for public parking. Traffic A traffic study was prepared for the project by Ganddini Group, Inc. Based on the traffic study, the proposed project would not result in any new significant traffic impact impacts or mitigation measures compared to the Garvey Avenue Specific Plan TIA/EIR. The proposed project is forecasted to generate fewer than 50 net new AM or PM peak hour Planning Commission Meeting March 7, 2022 Page 13 of 50 trips and is therefore exempt from preparation of a Level of Service analysis based on the City -established guidelines. The nonresidential component of the proposed project also satisfies the City -established project type screening for local serving retail and may be presumed to result in a less than significant VMT impact. In addition, the proposed project satisfies the City -established low VMT area screening criteria. Therefore, the proposed Project satisfies the City of Rosemead VMT screening criteria and may be presumed to result in a less than significant VMT impact. The City of Rosemead's Contract Traffic Engineer has reviewed the traffic study and Initial Study/Draft Mitigated Negative Declaration and has deemed it acceptable. In addition, it was determined that the project would not have any significant operational traffic impacts. Garvey Avenue Specific Plan Text Amendment .To be consistent with the Freeway Corridor Mixed -Use (FCMU) Overlay, which was approved by the City Council on September 7, 2021, and assist the development community in Rosemead with relief for businesses that are facing economic hardship from the COVID-19 pandemic, including the Prospect Villa project applicant, the City proposes a text amendment to the Garvey Avenue Specific Plan and Chapter 17.21 (Garvey Avenue Specific Plan Zoning District), permitting sit-down restaurants with a minimum requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the GSP and GSP-MU zones, provided that a valid license from California Department of Alcoholic Beverage Control (ABC) is obtained. The Zoning Code defines a sit-down restaurant as, "an establishment engaged in the business of selling food and beverages, including alcoholic beverages, prepared on site for primarily on-site consumption. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table). Food and beverages are ordered from a menu. Customers typically pay for food and beverages after service and/or consumption. The sale or service of sandwiches, whether prepared in the kitchen or made elsewhere and heated on the premises, or snack foods, shall not constitute a sit-down restaurant." The AUP process would still be reviewed by both the Public Safety Department and Community Development Department and require the typical conditions of approval that are applied to alcohol-related Conditional Use Permits (CUPs). The amendment is intended to assist the City's restaurant business community that are facing economic hardship from the COVID-19 pandemic. The AUP process is administrative, approved by the Director of Community Development, and could be completed at a fraction of the time and cost of a CUP. This proposed amendment would continue to require a CUP for all other on-site alcohol sales for sit-down restaurants less than 6,000 square feet. In addition, the Garvey Avenue Specific Plan would also continue to allow regional or national chain restaurants larger than 6,000 square feet to serve alcohol without a CUP in the GSP-MU zone, provided that a valid license from the ABC is obtained. Furthermore, a sit-down Planning Commission Meeting March 7, 2022 Page 14 of 50 restaurant would also have to meet the requirements of RMC 17.30.040 for alcohol beverage sales and RMC 17.04.050 for the definition of a sit-down restaurant. The text amendments to Figure 3.3 Land Use Table of the Garvey Avenue Specific Plan and Table 17.21.020.1 of the Rosemead Municipal Code are attached as Exhibits "G" and "H", respectively. MUNICIPAL CODE REQUIREMENTS Zone Change Per Rosemead Municipal Code Section 17.152.060(B), amendments to the Official Zoning Map may be approved only if all the following findings are first made. Below are the findings and staffs recommendations on why such findings are met: A. The proposed amendment is consistent with the General Plan and any applicable specific plan. RECOMMENDED FINDING: The Garvey Avenue Specific Plan was adopted in 2018 and its requirements for adoption included updating the General Plan to eliminate inconsistencies between the two planning documents. The Garvey Avenue Specific Plan amended the General Plan designation for approximately 88 parcels to support the development of over 1.18 million square feet of commercial development, 892 dwelling units, and 0.77 acres of open space. These estimates represent a realistic building of the planning area based on an analysis of existing development that will persist through the life of the proposed Specific Plan plus anticipated redevelopment. The proposed site is located within Garvey Avenue Specific Plan General Plan land use designation. The project only proposes to change the zone from GSP to GSP-MU. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. RECOMMENDED FINDING: The subject site is located within the Garvey Avenue Specific Plan. The subject site consists of two parcels totaling approximately 0.95 acres of vacant land. The proposed amendment would change the zoning district within the Garvey Avenue Specific Plan from GSP to GSP-MU for the construction of residential/commercial mixed-use development. The Garvey Avenue Specific Plan was developed to create an attractive and desirable neighborhood "main street" focusing on creating a vibrant corridor with visible pedestrian activity. The City has completed an Initial Study/Draft Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether Planning Commission Meeting March 7, 2022 Page 15 of 50 the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case as mitigation measures have been incorporated. C. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. RECOMMENDED FINDING: The proposed zone change will amend the Zoning Map from GSP to GSP-MU. The GSP-MU allows vertical mixed-use, where commercial uses are on the ground floor, with residential uses above. The proposed project meets the GSP-MU development standards and would be in compliance with the applicable development standards of the Zoning Code. D. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. RECOMMENDED FINDING: The subject site is located within the Garvey Avenue Specific Plan. The Garvey Avenue Specific Plan amended the Zoning Map and General Plan land use designations for approximately 88 parcels to support the development of over 1.18 million square feet of commercial development, 892 dwelling units, and 0.77 acres of open space. These estimates represent a realistic building of the planning area based on an analysis of existing development that will persist through the life of the proposed Specific Plan plus anticipated redevelopment. The site would be physically suited for provision of public and emergency vehicle access, and public services and utilities. In addition, the applicant has obtained will -serve letters from Golden State Water Company and the Los Angeles County Sanitation Districts. In addition, a traffic study was prepared for the project by Ganddini Group, Inc. Based on the traffic study, the proposed project would not result in any new significant traffic impact impacts or mitigation measures compared to the Garvey Avenue Specific Plan TIA/EIR. The proposed project is forecasted to generate fewer than 50 net new AM or PM peak hour trips and is therefore exempt from preparation of a Level of Service analysis based on the City -established guidelines. The nonresidential component of the proposed project also satisfies the City -established project type screening for local serving retail and may be presumed to result in a less than Planning Commission Meeting March 7, 2022 Page 16 of 50 significant VMT impact. In addition, the proposed project satisfies the City - established low VMT area screening criteria. Therefore, the proposed Project satisfies the City of Rosemead VMT screening criteria and may be presumed to result in a less than significant VMT impact. The City of Rosemead's Contract Traffic Engineer has reviewed the traffic study and Initial Study/Draft Mitigated Negative Declaration and has deemed it acceptable. Furthermore, it was determined that the project would not have any significant operational traffic impacts. Specific Plan Amendment Per Section 65453(a) of the California Government Code, a specific plan shall be prepared, adopted, and amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body. Per Rosemead Municipal Code Section 17.152.060(A), amendments to the General Plan may be approved only if all the following findings are first made. Below are the findings and staff's recommendations on why such findings are met: A. The amendment is internally consistent with all other provisions of the General Plan. RECOMMENDED FINDING: The Garvey Avenue Specific Plan was adopted in 2018 and its requirements for adoption included updating the General Plan to eliminate inconsistencies between the two planning documents. The proposed project continues to be internally consistent with all other provisions of the General Plan. The project proposes to change the zone from GSP to GSP-MU and to remain within the buildout development capacity of 1.18 million square feet of commercial development and 892 dwelling units. In addition, the project proposes a text amendment to permit sit-down restaurants with a minimum requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the GSP to GSP-MU zones. Sit-down restaurants and alcohol licensing are established uses in the Garvey Avenue Specific Plan. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City. RECOMMENDED FINDING: The subject site is located within the Garvey Avenue Specific Plan. The subject site consists of two parcels totaling approximately 0.95 acres of vacant land. The Garvey Avenue Specific Plan was developed to create an attractive and desirable neighborhood "main street" focusing on creating a vibrant corridor with visible pedestrian activity. The proposed amendment would change the zoning district within the Garvey Avenue Specific Plan from GSP to GSP-MU, for the construction of Planning Commission Meeting March 7, 2022 Page 17 of 50 residential/commercial mixed-use development. In addition, the project proposes a text amendment to permit sit-down restaurants with a minimum requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the GSP to GSP-MU zones. Sit-down restaurants and alcohol licensing are established uses in the Garvey Avenue Specific Plan. The City has completed an Initial Study/Draft Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case as mitigation measures have been incorporated. C. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. RECOMMENDED FINDING: The subject site is located within the Garvey Avenue Specific Plan. The Garvey Avenue Specific Plan amended the Zoning Map and General Plan land use designations for approximately 88 parcels to support the development of over 1.18 million square feet of commercial development, 892 dwelling units, and 0.77 acres of open space. These estimates represent a realistic building of the planning area based on an analysis of existing development that will persist through the life of the proposed Specific Plan plus anticipated redevelopment. The site would be physically suited for provision of public and emergency vehicle access, and public services and utilities. In addition, the applicant has obtained will -serve letters from Golden State Water Company and the Los Angeles County Sanitation Districts. In addition, a traffic study was prepared for the project by Ganddini Group, Inc. Based on the traffic study, the proposed project would not result in any new significant traffic impact impacts or mitigation measures compared to the Garvey Avenue Specific Plan TIA/EIR. The proposed project is forecasted to generate fewer than 50 net new AM or PM peak hour trips and is therefore exempt from preparation of a Level of Service analysis based on the City -established guidelines. The nonresidential component of the proposed project also satisfies the City -established project type screening for local serving retail and may be presumed to result in a less than Planning Commission Meeting March 7, 2022 Page 18 of 50 significant VMT impact. In addition, the proposed project satisfies the City - established low VMT area screening criteria. Therefore, the proposed Project satisfies the City of Rosemead VMT screening criteria and may be presumed to result in a less than significant VMT impact. The City of Rosemead's Contract Traffic Engineer has reviewed the traffic study and Initial Study/Draft Mitigated Negative Declaration and has deemed it acceptable. Furthermore, it was determined that the project would not have any significant operational traffic impacts. The proposed text amendment to permit sit-down restaurants with a minimum requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the GSP to GSP-MU zones would require review by both the Public Safety Department and Community Development Department and require the typical conditions of approval that are applied to alcohol-related CUPs. The amendment is intended to assist the City's restaurant business community that are facing economic hardship from the COVID-19 pandemic. The AUP process is administrative, approved by the Director of Community Development, and could be completed at a fraction of the time and cost of a CUP. Sit-down restaurants and alcohol licensing are established uses in the Garvey Avenue Specific Plan PUBLIC NOTICE PROCESS On February 16, 2022, forty-three (43) notices were sent to property owners within a 300 -feet radius from the subject property, in addition to notices posted in six (6) public locations, on-site, published in the Rosemead Reader, and filed with the Los Angeles County Clerk. Prepared by: *.011 Lily Valenzuela Planning and Economic Development Manager Submitted b Ben ' Assistant City Manager/Director of Community Development Planning Commission Meeting March 7, 2022 Page 19 of 50 EXHIBITS: A. Planning Commission Resolution No. 22-02 B. Draft City Council Resolution 2022-18 C. Draft City Council Ordinance No. 1008 D. Project Conditions of Approval E. Initial Study/Draft Mitigated Negative Declaration (Appendices in USB Drive) F. Mitigation Monitoring and Reporting Program G. Amendments to Figure 3.3 Land Use Table of the Garvey Avenue Specific Plan H. Amendments to Table 17.21.020.1 of the Rosemead Municipal Code I. Architectural Plans J. Assessor's Parcel Map (APNs: 5286-022-009 and 5286-022-010) Planning Commission Meeting March 7, 2022 Page 20 of 50 EXHIBIT "A" PC RESOLUTION 22-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THE CITY COUNCIL APPROVE ZONE CHANGE 21- 01 AND SPECIFIC PLAN AMENDMENT 21-01 TO AMEND THE ZONING MAP BY CHANGING THE ZONE OF 7539 & 7545 GARVEY AVENUE (APN NOS. 5286-022-009 AND 5286-022-010) FROM GARVEY AVENUE SPECIFIC PLAN (GSP) TO GARVEY AVENUE SPECIFIC PLAN, INCENTIVIZED MIXED-USE (GSP-MU) ZONE, FOR THE DEVELOPMENT OF A NEW RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT, APPROVE A TEXT AMENDMENT TO THE GARVEY AVENUE SPECIFIC PLAN PERMITTING SIT-DOWN RESTAURANTS WITH A MINIMUM REQUIREMENT OF 1,000 SQUARE FEET TO OBTAIN AN ADMINISTRATIVE USE PERMIT (AUP) FOR BEER/WINE SALES IN THE GARVEY AVENUE SPECIFIC PLAN (GSP) AND GARVEY AVENUE SPECIFIC PLAN, INCENTIVIZED MIXED-USE (GSP-MU) ZONES, AND ADOPT THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, on June 2, 2021, Del Mar Property LLC submitted entitlement applications for the construction of a seven -story, mixed-use development with 6,346 square feet of nonresidential (commercial) use and 75 residential units; and WHEREAS, 7539 & 7545 Garvey Avenue are located in the Garvey Avenue Specific Plan (GSP) zone; and WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the purpose and criteria for a Zone Change; and WHEREAS, the Garvey Avenue Specific Plan provides the criteria for specific plan amendments and amendments to the Specific Plan may be requested by the applicant or by the City at any time pursuant to Section 65453(a) of the California Government Code and Rosemead Municipal Code Title 17, Article 5, Chapter 17.150. WHEREAS, Section 65453(a) of the California Government Code states a specific plan shall be prepared, adopted, and amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body. Section 17.150.040, adoption of, or amendment to, a specific plan relating to land use may be initiated by the City or by submittal of a Master Plan. When initiated by a master plan, the person shall file a petition with the City and pay a filing fee as required in Chapter 17.120 of [Title 17]. Planning Commission Meeting March 7, 2022 Page 21 of 50 WHEREAS, Sections 65800 & 65900 of the California Government and Rosemead Municipal Code Sections 17.152.040 authorizes the Planning Commission provide a written recommendation and reasons for the recommendation to the City Council whether to approve, approve in modified form, or deny the zone change or specific plan amendment; and WHEREAS, an Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared an Draft Mitigated Negative Declaration; and WHEREAS, Specific Plan Amendment 21-01 includes amendments to Rosemead Municipal Code Section 17.21 - Garvey Avenue Specific Plan Zoning District," to incorporate the text amendment to the Garvey Avenue Specific Plan. WHEREAS, on February 16, 2022, forty-three (43) notices were sent to property owners within a 300 -feet radius from the subject property, in addition to notices posted in six (6) public locations, on-site, published in the Rosemead Reader, and filed with the Los Angeles County Clerk, specifying the availability of the application, plus the date, time, and location of the public hearing for Zone Change 21-01 and Specific Plan Amendment 21-01, pursuant to California Government Code Section 65091(a)(3); and WHEREAS, on March 7, 2022, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Zone Change 21-01 and Specific Plan Amendment 21-01; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission hereby makes a finding of adequacy with the Initial Study/Draft Mitigated Negative Declaration and HEREBY RECOMMENDS that the City Council adopt the Initial Study/Draft Mitigated Negative Declaration as the environmental clearance for Zone Change 21-01 and Specific Plan Amendment 21-01. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Zone Change 21-01 in accordance with Rosemead Municipal Code Section 17.152.060(B) as follows: Planning Commission Meeting March 7, 2022 Page 22 of 50 A. The proposed amendment is consistent with the General Plan and any applicable specific plan. FINDING: The Garvey Avenue Specific Plan was adopted in 2018 and its requirements for adoption included updating the General Plan to eliminate inconsistencies between the two planning documents. The Garvey Avenue Specific Plan amended the General Plan designation for approximately 88 parcels to support the development of over 1.18 million square feet of commercial development, 892 dwelling units, and 0.77 acres of open space. These estimates represent a realistic building of the planning area based on an analysis of existing development that will persist through the life of the proposed Specific Plan plus anticipated redevelopment. The proposed site is located within Garvey Avenue Specific Plan General Plan land use designation. The project only proposes to change the zone from GSP to GSP-MU. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. FINDING: The subject site is located within the Garvey Avenue Specific Plan. The subject site consists of two parcels totaling approximately 0.95 acres of vacant land. The proposed amendment would change the zoning district within the Garvey Avenue Specific Plan from GSP to GSP-MU for the construction of residential/commercial mixed-use development. The Garvey Avenue Specific Plan was developed to create an attractive and desirable neighborhood "main street" focusing on creating a vibrant corridor with visible pedestrian activity. The City has completed an Initial Study/Draft Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case as mitigation measures have been incorporated. C. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. The proposed zone change will amend the Zoning Map from GSP to GSP-MU. The GSP-MU allows vertical mixed-use, where commercial uses are on the ground floor, with residential uses above. The proposed project meets the GSP-MU development standards and would be in compliance with the applicable development standards of the Zoning Code. D. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways Planning Commission Meeting March 7, 2022 Page 23 of 50 and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. FINDING: The subject site is located within the Garvey Avenue Specific Plan. The Garvey Avenue Specific Plan amended the Zoning Map and General Plan land use designations for approximately 88 parcels to support the development of over 1.18 million square feet of commercial development, 892 dwelling units, and 0.77 acres of open space. These estimates represent a realistic building of the planning area based on an analysis of existing development that will persist through the life of the proposed Specific Plan plus anticipated redevelopment. The site would be physically suited for provision of public and emergency vehicle access, and public services and utilities. In addition, the applicant has obtained will -serve letters from Golden State Water Company and the Los Angeles County Sanitation Districts. In addition, a traffic study was prepared for the project by Ganddini Group, Inc. Based on the traffic study, the proposed project would not result in any new significant traffic impact impacts or mitigation measures compared to the Garvey Avenue Specific Plan TIA/EIR. The proposed project is forecasted to generate fewer than 50 net new AM or PM peak hour trips and is therefore exempt from preparation of a Level of Service analysis based on the City -established guidelines. The nonresidential component of the proposed project also satisfies the City -established project type screening for local serving retail and may be presumed to result in a less than significant VMT impact. In addition, the proposed project satisfies the City -established low VMT area screening criteria. Therefore, the proposed Project satisfies the City of Rosemead VMT screening criteria and may be presumed to result in a less than significant VMT impact. The City of Rosemead's Contract Traffic Engineer has reviewed the traffic study and Initial Study/Draft Mitigated Negative Declaration and has deemed it acceptable. Furthermore, it was determined that the project would not have any significant operational traffic impacts. SECTION 3. The Planning Commission HEREBY RECOMMENDS that the City Council find that facts do exist to justify approving Specific Plan Amendment 21-01 in accordance with Section 65453(a) of the California Government Code and Rosemead Municipal Code Section 17.152.060(A) as follows: A. The proposed amendment is internally consistent with all other provisions of the General Plan. FINDING: The Garvey Avenue Specific Plan was adopted in 2018 and its requirements for adoption included updating the General Plan to eliminate inconsistencies between the two planning documents. The proposed project continues to be internally consistent with all other provisions of the General Plan. The project proposes to change the zone from GSP to GSP-MU and to remain within the buildout development capacity of 1.18 million square feet of commercial development and 892 Planning Commission Meeting March 7, 2022 Page 24 of 50 dwelling units. In addition, the project proposes a text amendment to permit sit-down restaurants with a minimum requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the GSP to GSP-MU zones. Sit-down restaurants and alcohol licensing are established uses in the Garvey Avenue Specific Plan. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. FINDING: The subject site is located within the Garvey Avenue Specific Plan. The subject site consists of two parcels totaling approximately 0.95 acres of vacant land. The Garvey Avenue Specific Plan was developed to create an attractive and desirable neighborhood "main street" focusing on creating a vibrant corridor with visible pedestrian activity. The proposed amendment would change the zoning district within the Garvey Avenue Specific Plan from GSP to GSP-MU, for the construction of residential/commercial mixed-use development. In addition, the project proposes a text amendment to permit sit-down restaurants with a minimum requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the GSP to GSP-MU zones. Sit-down restaurants and alcohol licensing are established uses in the Garvey Avenue Specific Plan. The City has completed an Initial Study/Draft Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case as mitigation measures have been incorporated. C. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. FINDING: The subject site is located within the Garvey Avenue Specific Plan. The Garvey Avenue Specific Plan amended the Zoning Map and General Plan land use designations for approximately 88 parcels to support the development of over 1.18 million square feet of commercial development, 892 dwelling units, and 0.77 acres of open space. These estimates represent a realistic building of the planning area based on an analysis of existing development that will persist through the life of the proposed Specific Plan plus anticipated redevelopment. The site would be physically suited for Planning Commission Meeting March 7, 2022 Page 25 of 50 provision of public and emergency vehicle access, and public services and utilities. In addition, the applicant has obtained will -serve letters from Golden State Water Company and the Los Angeles County Sanitation Districts. In addition, a traffic study was prepared for the project by Ganddini Group, Inc. Based on the traffic study, the proposed project would not result in any new significant traffic impact impacts or mitigation measures compared to the Garvey Avenue Specific Plan TIA/EIR. The proposed project is forecasted to generate fewer than 50 net new AM or PM peak hour trips and is therefore exempt from preparation of a Level of Service analysis based on the City -established guidelines. The nonresidential component of the proposed project also satisfies the City -established project type screening for local serving retail and may be presumed to result in a less than significant VMT impact. In addition, the proposed project satisfies the City -established low VMT area screening criteria. Therefore, the proposed Project satisfies the City of Rosemead VMT screening criteria and may be presumed to result in a less than significant VMT impact. The City of Rosemead's Contract Traffic Engineer has reviewed the traffic study and Initial Study/Draft Mitigated Negative Declaration and has deemed it acceptable. Furthermore, it was determined that the project would not have any significant operational traffic impacts. The proposed text amendment to permit sit-down restaurants with a minimum requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the GSP to GSP-MU zones would require review by both the Public Safety Department and Community Development Department and require the typical conditions of approval that are applied to alcohol-related CUPs. The amendment is intended to assist the City's restaurant business community that are facing economic hardship from the COVID-19 pandemic. The AUP process is administrative, approved by the Director of Community Development, and could be completed at a fraction of the time and cost of a CUP. Sit- down restaurants and alcohol licensing are established uses in the Garvey Avenue Specific Plan. SECTION 4. The Planning Commission HEREBY RECOMMENDS CITY COUNCIL APPROVAL of Zone Change 21-01 and Specific Plan Amendment 21-01, for the construction of a seven -story, mixed-use development with 6,346 square feet of nonresidential (commercial) use and 75 residential units. SECTION 5. This resolution is the result of an action taken by the Planning Commission on March 7, 2022, by the following vote: AYES: NOES: ABSTAIN: ABSENT: SECTION 6. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. Planning Commission Meeting March 7, 2022 Page 26 of 50 PASSED, APPROVED, and ADOPTED this 7th day of March, 2022. James Berry, Chair CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 7th day of March, 2022, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Ben Kim, Secretary APPROVED AS TO FORM: Kane Thuyen, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting March 7, 2022 Page 27 of 50 EXHIBIT "B" RESOLUTION 2022-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR ZONE CHANGE 21-01 AND SPECIFIC PLAN AMENDMENT 21-01 WHEREAS, on June 2, 2021, Del Mar Property LLC submitted entitlement applications for the construction of a seven -story, mixed-use development with 6,346 square feet of nonresidential (commercial) use and 75 residential units; and WHEREAS, an Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared an Draft Mitigated Negative Declaration; and WHEREAS, the Initial Study/Draft Mitigated Negative Declaration (SCH Number 2022020365) was prepared and circulated for a 20 -day public review and comment period from February 16, 2022 to March 7, 2022. Notices were sent to property owners within a 300 -feet radius from the subject property, in addition to notices posted in six (6) public locations, on-site, published in the Rosemead Reader, and filed with the Los Angeles County Clerk, specifying the availability of the application, plus the date, time, and location of the public hearing for Zone Change 21-01 and Specific Plan Amendment 21-01. WHEREAS, as required under the CEQA and in order to facilitate implementation of all mitigation measures adopted pursuant to CEQA, the Mitigation Monitoring and Reporting Program identifies the timing of, and the agency or agencies responsible for, enforcement and monitoring of each mitigation measure to be implemented to reduce potentially significant impacts to a less than significant level; and WHEREAS, the City Council held a duly noticed public hearing on March 22, 2022, to consider the Initial Study/Mitigated Negative Declaration; and WHEREAS, the City Council, having final approval authority over this project, has reviewed and considered all comments received during the public review period prior to the approval of this project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY FINDS, DECLARES, AND RECOMMENDS AS FOLLOWS: Planning Commission Meeting March 7, 2022 Page 28 of 50 SECTION 1. The City Council exercises its independent judgment and finds, on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment after the adoption of the mitigated negative declaration,and HEREBY ADOPTS the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, as the environmental clearance for Zone Change 21-01 and Specific Plan Amendment 21-01. SECTION 2. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED, APPROVED AND ADOPTED this 7th day of March, 2022. ATTEST: Polly Low, Mayor APPROVED AS TO FORM: Ericka Hernandez, City Clerk Rachel H. Richman, City Attorney Exhibit: A. Conditions of Approval Planning Commission Meeting March 7, 2022 Page 29 of 50 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2022-18 was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 7th day of March, 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk Planning Commission Meeting March 7, 2022 Page 30 of 50 EXHIBIT "C" ORDINANCE NO. 1008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, TO APPROVE ZONE CHANGE 21-01 AND SPECIFIC PLAN AMENDMENT 21-01 TO AMEND THE ZONING MAP BY CHANGING THE ZONE OF 7539 & 7545 GARVEY AVENUE (APN NOS. 5286-022-009 AND 5286-022-010) FROM GARVEY AVENUE SPECIFIC PLAN (GSP) TO GARVEY AVENUE SPECIFIC PLAN, INCENTIVIZED MIXED-USE (GSP-MU) ZONE, FOR THE DEVELOPMENT OF A NEW RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT AND APPROVE A TEXT AMENDMENT TO THE GARVEY AVENUE SPECIFIC PLAN PERMITTING SIT-DOWN RESTAURANTS WITH A MINIMUM REQUIREMENT OF 1,000 SQUARE FEET TO OBTAIN AN ADMINISTRATIVE USE PERMIT (AUP) FOR BEER/WINE SALES IN THE GARVEY AVENUE SPECIFIC PLAN (GSP) AND GARVEY AVENUE SPECIFIC PLAN, INCENTIVIZED MIXED-USE (GSP-MU) ZONES WHEREAS, on June 2, 2021, Del Mar Property LLC submitted entitlement applications for the construction of a seven -story, mixed-use development with 6,346 square feet of nonresidential (commercial) use and 75 residential units; and WHEREAS, 7539 & 7545 Garvey Avenue are located in the Garvey Avenue Specific Plan (GSP) zone; and WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the purpose and criteria for a Zone Change; and WHEREAS, the Garvey Avenue Specific Plan provides the criteria for specific plan amendments and amendments to the Specific Plan may be requested by the applicant or by the City at any time pursuant to Section 65453(a) of the California Government Code and Rosemead Municipal Code Title 17, Article 5, Chapter 17.150. WHEREAS, Section 65453(a) of the California Government Code states a specific plan shall be prepared, adopted, and amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body. Section 17.150.040, adoption of, or amendment to, a specific plan relating to land use may be initiated by the City or by submittal of a Master Plan. When initiated by a master plan, the person shall file a petition with the City and pay a filing fee as required in Chapter 17.120 of [Title 17]. Planning Commission Meeting March 7, 2022 Page 31 of 50 WHEREAS, Sections 65800 & 65900 of the California Government and Rosemead Municipal Code Sections 17.152.040 authorizes the City Council to approve, approve in modified form, or deny the zone change or specific plan amendment; and WHEREAS, an Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared an Draft Mitigated Negative Declaration; and WHEREAS, Specific Plan Amendment 21-01 includes text amendments to Rosemead Municipal Code Section 17.21 - Garvey Avenue Specific Plan Zoning District," to incorporate the text amendment to the Garvey Avenue Specific Plan. WHEREAS, on March 7, 2022, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Zone Change 21-01 and Specific Plan Amendment 21-01; and WHEREAS, on March 10, 2022, forty-three (43) notices were sent to property owners within a 300 -feet radius from the subject property, in addition to notices posted in six (6) public locations, on-site, published in the Rosemead Reader, and filed with the Los Angeles County Clerk, specifying the availability of the application, plus the date, time, and location of the public hearing for Zone Change 21-01 and Specific Plan Amendment 21-01, pursuant to California Government Code Section 65091(a)(3); and WHEREAS, the City Council held a duly noticed public hearing on March 22, 2022, to consider the Zone Change 21-01 and Specific Plan Amendment 21-01; and WHEREAS, the City Council fully studied the proposed zone change and specific plan amendment, and considered all public comments; and WHEREAS, the City Council, having final approval authority over this project, has reviewed and considered all comments received during the public review period prior to the approval of this project. THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS FOLLOWS: SECTION 1. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do exist to justify approving Zone Change 21-01 in accordance with Rosemead Municipal Code Section 17.152.060(B) as follows: A. The proposed amendment is consistent with the General Plan and any applicable specific plan. Planning Commission Meeting March 7, 2022 Page 32 of 50 FINDING: The Garvey Avenue Specific Plan was adopted in 2018 and its requirements for adoption included updating the General Plan to eliminate inconsistencies between the two planning documents. The Garvey Avenue Specific Plan amended the General Plan designation for approximately 88 parcels to support the development of over 1.18 million square feet of commercial development, 892 dwelling units, and 0.77 acres of open space. These estimates represent a realistic building of the planning area based on an analysis of existing development that will persist through the life of the proposed Specific Plan plus anticipated redevelopment. The proposed site is located within Garvey Avenue Specific Plan General Plan land use designation. The project only proposes to change the zone from GSP to GSP-MU. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. FINDING: The subject site is located within the Garvey Avenue Specific Plan. The subject site consists of two parcels totaling approximately 0.95 acres of vacant land. The proposed amendment would change the zoning district within the Garvey Avenue Specific Plan from GSP to GSP-MU for the construction of residential/commercial mixed-use development. The Garvey Avenue Specific Plan was developed to create an attractive and desirable neighborhood "main street" focusing on creating a vibrant corridor with visible pedestrian activity. The City has completed an Initial Study/Draft Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case as mitigation measures have been incorporated. C. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. FINDING: The proposed zone change will amend the Zoning Map from GSP to GSP- MU. The GSP-MU allows vertical mixed-use, where commercial uses are on the ground floor, with residential uses above. The proposed project meets the GSP-MU development standards and would be in compliance with the applicable development standards of the Zoning Code. D. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. Planning Commission Meeting March 7, 2022 Page 33 of 50 FINDING: The subject site is located within the Garvey Avenue Specific Plan. The Garvey Avenue Specific Plan amended the Zoning Map and General Plan land use designations for approximately 88 parcels to support the development of over 1.18 million square feet of commercial development, 892 dwelling units, and 0.77 acres of open space. These estimates represent a realistic building of the planning area based on an analysis of existing development that will persist through the life of the proposed Specific Plan plus anticipated redevelopment. The site would be physically suited for provision of public and emergency vehicle access, and public services and utilities. In addition, the applicant has obtained will -serve letters from Golden State Water Company and the Los Angeles County Sanitation Districts. In addition, a traffic study was prepared for the project by Ganddini Group, Inc. Based on the traffic study, the proposed project would not result in any new significant traffic impact impacts or mitigation measures compared to the Garvey Avenue Specific Plan TIA/EIR. The proposed project is forecasted to generate fewer than 50 net new AM or PM peak hour trips and is therefore exempt from preparation of a Level of Service analysis based on the City -established guidelines. The nonresidential component of the proposed project also satisfies the City -established project type screening for local serving retail and may be presumed to result in a less than significant VMT impact. In addition, the proposed project satisfies the City -established low VMT area screening criteria. Therefore, the proposed Project satisfies the City of Rosemead VMT screening criteria and may be presumed to result in a less than significant VMT impact. The City of Rosemead's Contract Traffic Engineer has reviewed the traffic study and Initial Study/Draft Mitigated Negative Declaration and has deemed it acceptable. Furthermore, it was determined that the project would not have any significant operational traffic impacts. SECTION 2. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do exist to justify approving Specific Plan Amendment 21-01 in accordance with Section 65453(a) of the California Government Code and Rosemead Municipal Code Section 17.152.060(A) as follows: A. The proposed amendment is internally consistent with all other provisions of the General Plan. FINDING: The Garvey Avenue Specific Plan was adopted in 2018 and its requirements for adoption included updating the General Plan to eliminate inconsistencies between the two planning documents. The proposed project continues to be internally consistent with all other provisions of the General Plan. The project proposes to change the zone from GSP to GSP-MU and to remain within the buildout development capacity of 1.18 million square feet of commercial development and 892 dwelling units. In addition, the project proposes a text amendment to permit sit-down restaurants with a minimum requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the GSP to GSP-MU zones. Sit-down restaurants and alcohol licensing are established uses in the Garvey Avenue Specific Plan. Planning Commission Meeting March 7, 2022 Page 34 of 50 B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. FINDING: The subject site is located within the Garvey Avenue Specific Plan. The subject site consists of two parcels totaling approximately 0.95 acres of vacant land. The Garvey Avenue Specific Plan was developed to create an attractive and desirable neighborhood "main street" focusing on creating a vibrant corridor with visible pedestrian activity. The proposed amendment would change the zoning district within the Garvey Avenue Specific Plan from GSP to GSP-MU, for the construction of residential/commercial mixed-use development. In addition, the project proposes a text amendment to permit sit-down restaurants with a minimum requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the GSP to GSP-MU zones. Sit-down restaurants and alcohol licensing are established uses in the Garvey Avenue Specific Plan. The City has completed an Initial Study/Draft Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case as mitigation measures have been incorporated. C. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. FINDING: The subject site is located within the Garvey Avenue Specific Plan. The Garvey Avenue Specific Plan amended the Zoning Map and General Plan land use designations for approximately 88 parcels to support the development of over 1.18 million square feet of commercial development, 892 dwelling units, and 0.77 acres of open space. These estimates represent a realistic building of the planning area based on an analysis of existing development that will persist through the life of the proposed Specific Plan plus anticipated redevelopment. The site would be physically suited for provision of public and emergency vehicle access, and public services and utilities. In addition, the applicant has obtained will -serve letters from Golden State Water Company and the Los Angeles County Sanitation Districts. In addition, a traffic study was prepared for the project by Ganddini Group, Inc. Based on the traffic study, the proposed project would not result in any new significant traffic impact impacts or mitigation measures compared to the Garvey Avenue Specific Plan TIA/EIR. The proposed project is forecasted to generate fewer than 50 net new AM or PM peak hour trips and is therefore exempt from preparation of a Planning Commission Meeting March 7, 2022 Page 35 of 50 Level of Service analysis based on the City -established guidelines. The nonresidential component of the proposed project also satisfies the City -established project type screening for local serving retail and may be presumed to result in a less than significant VMT impact. In addition, the proposed project satisfies the City -established low VMT area screening criteria. Therefore, the proposed Project satisfies the City of Rosemead VMT screening criteria and may be presumed to result in a less than significant VMT impact. The City of Rosemead's Contract Traffic Engineer has reviewed the traffic study and Initial Study/Draft Mitigated Negative Declaration and has deemed it acceptable. Furthermore, it was determined that the project would not have any significant operational traffic impacts. The proposed text amendment to permit sit-down restaurants with a minimum requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the GSP to GSP-MU zones would require review by both the Public Safety Department and Community Development Department and require the typical conditions of approval that are applied to alcohol-related CUPs. The amendment is intended to assist the City's restaurant business community that are facing economic hardship from the COVID-19 pandemic. The AUP process is administrative, approved by the Director of Community Development, and could be completed at a fraction of the time and cost of a CUP. Sit-down restaurants and alcohol licensing are established uses in the Garvey Avenue Specific Plan. SECTION 3. Approval of Specific Plan and Zoning Map Amendment. The City Council HEREBY AMENDS the Garvey Avenue Specific Plan and the City's Zoning Map to change the zone of 7539 & 7545 Garvey Avenue from Garvey Avenue Specific Plan (GSP) to Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zone. SECTION 4. Approval of Specific Plan and Zoning Code Text Amendment. The City Council HEREBY AMENDS Figure 3.3 Land Use Table of the Garvey Avenue Specific Plan and Table 17.21.020.1 of the Rosemead Municipal Code included as Exhibits "A" and `B", respectively, and the Garvey Avenue Specific Plan, to permit sit-down restaurants with a minimum requirement of 1,000 square feet to obtain an AUP for beer/wine sales in the GSP and GSP-MU zones, provided that a valid license from California Department of Alcoholic Beverage Control (ABC) is obtained. SECTION 5. City Manager Authority. The City Manager is authorized to execute such amendments necessary to implement the specific plan, zoning code, and zoning map amendments set forth in this ordinance. SECTION 6. Severability. The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, Planning Commission Meeting March 7, 2022 Page 36 of 50 sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty (30) days after the date of its adoption. SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED this day of ATTEST: Ericka Hernandez, City Clerk Exhibits: Polly Low, Mayor W W W t1telkyj 11D . • •,u 2022. Rachel H. Richman, City Attorney A. Amendments to Figure 3.3 Land Use Table of the Garvey Avenue Specific Plan B. Amendments to Table 17.21.020.1 of the Rosemead Municipal Code Planning Commission Meeting March 7, 2022 Page 37 of 50 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of California, hereby attest to the above signature and certify that Ordinance No. 1008 was first introduced at the regular meeting of , 2022 by first reading. Said Ordinance was approved and adopted by the City Council of the City of Rosemead at a regular meeting held on the day of , 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk Planning Commission Meeting March 7, 2022 Page 38 of 50 EXHIBIT "D" ZONE CHANGE 21-01 AND SPECIFIC PLAN AMENDMENT 21-01 (CITY COUNCIL RESOLUTION 2022-18 AND ORDINANCE 1008) 7539 & 7545 GARVEY AVENUE (APNS: 5286-022-009 AND 5286-022-010) CONDITIONS OF APPROVAL MARCH 7, 2021 Standard Conditions of Approvals 1. Zone Change 21-01 and Specific Plan Amendment 21-01 ("Project") are approved for the amendment of the Zoning Map by changing the zone of 7539 & 7545 Garvey Avenue from Garvey Avenue Specific Plan (GSP) to Garvey Avenue Specific Plan, Incentivized Mixed - Use (GSP-MU) zone, for the development of a seven -story, mixed-use development with 6,346 square feet of nonresidential (commercial) use on the first floor and 75 residential units on the first through seventh floors. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. The following conditions must be complied to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 3. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning Division, Building and Safety Division, and Public Works Department. 4. Approval of Project shall not take effect for any purpose until the applicant(s) have filed with the City of Rosemead ("City") a notarized affidavit stating that he/she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions within ten (10) days from the Planning Commission approval date. 5. The on-site public hearing notice posting shall be removed by the end of the 10 -day appeal period of Project. 6. Project is approved for a period of one (1) year. The applicant(s) shall commence the approved project or request an extension within 30 calendar days prior to expiration. The one (1) year initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If Project has been unused, abandoned, or discontinued for a period of one (1) year, it shall become null and void. Planning Commission Meeting March 7, 2022 Page 39 of 50 7. The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications to the project and to these conditions of approval. 8. Project is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Project. 9. The applicant(s) shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and/or City Council concerning the project, which action is brought within the time period provided by law. 10. The applicant(s) shall comply with all Federal, State, and local laws relative to the approved use, including the requirements of the Planning, Building, Fire, Sheriff, and Health Departments. 11. Building permits will not be issued in connection with any project until such time as all plan check fees and all other applicable fees are paid in full. Prior to issuance of building permits, any required school fees shall be paid. The applicant shall provide the City with written verification of compliance from the applicable school districts. 12. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of 3/4 inch, contrasting in color and easily visible at driver's level from the street. Materials, colors, location, and size of such address numbers shall be approved by the Community Development Director, or his/her designee, prior to installation. 13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or on any federal holiday. The applicant shall abide by the noise control sections of the Rosemead Municipal Code. 14. The Building and Safety Division, Planning Division, and Public Works Department shall have access to the project site at any time during construction to monitor progress. 15. All requirements of the Building and Safety Division, Planning Division, and Public Works Department shall be complied with prior to the final approval of the proposed construction. 16. All ground level mechanical/utility equipment (including meters, back flow prevention devices, fire valves, A/C condensers, furnaces, and other equipment) shall be located away from public view or adequately screened by landscaping or screening walls so as not to be Planning Commission Meeting March 7, 2022 Page 40 of 50 seen from the public right-of-way. 17. All new roof -top appurtenances and equipment shall be adequately screened from view to the satisfaction of the Planning Division. Such equipment shall not exceed the height of the parapet wall. There shall be no mechanical equipment located on the sides of the building. 18. The parking area, including handicapped spaces, shall be paved and re -painted periodically to City standards to the satisfaction of the Planning Division. In accordance with the Rosemead Municipal Code, all designated parking stalls shall be double striped. Such striping shall be maintained in a clear, visible, and orderly manner to the satisfaction of the Planning Division. 19. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. 20. The applicant(s) shall keep the electrical and mechanical equipment and/or emergency exits free of any debris, storage, furniture, etc., and maintain a minimum clearance of five (5) feet. Project Specific Conditions of Approval 21. All property that is vacant, under construction, or being demolished shall be totally enclosed around the perimeter by a fence that is a minimum of six (6) feet in height as measured from adjacent property, subject to the approval of the Community Development Director or other designated officials. The following requirements shall be satisfied: a. The required fence shall be adequately constructed from chain-link, lumber, masonry or other approved materials. The fence shall be entirely self-supporting and shall not encroach or utilize structures or fencing on any adjacent property without prior written approval of the adjacent property owner. b. The fence shall be installed prior to the initiation of any construction or demolition and shall be continuously maintained in good condition. c. Signs stating "PRIVATE PROPERTY, NO TRESPASSING" shall be posted on the fence. 22. A final wall plan shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. All walls and/or fences height shall comply with the requirements in the Rosemead Municipal Code and shall consist of decorative material, which match or complement the residential buildings in color, material, and design. 23. The site shall be maintained in a graffiti -free state. 24. The site shall be maintained in a clean, weed and litter -free state. All trash containers shall be stored in the approved trash enclosure at all times. All trash and garbage receptacles shall be regularly inspected and cleaned, and maintained in a clean, safe, and sanitary condition. Planning Commission Meeting March 7, 2022 Page 41 of 50 25. All trash enclosures shall be designed to be an integral part of the overall project design, and utilize complementary colors and materials. All trash enclosures shall have a solid roof cover and doors shall be opaque, self-closing, and self -latching. Detailed elevations shall be submitted to the Planning Division for review, and if satisfactory, approval, prior to submittal to the Building and Safety Division. 26. A final landscape and irrigation plan shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. The landscape and irrigation plan shall comply with the City's Water Efficient Landscape Ordinance and with the Guidelines for Implementation of the Water Efficient Landscape Ordinance and include a sprinkler system with automatic timers and moisture sensors. 27. All parking spaces shall comply with the currently applicable section of the Rosemead Municipal Code. All covered parking spaces shall be free and clear with no obstruction. 28. All delivery vehicles for the nonresidential space on the ground level would enter the site from Prospect Avenue and park in a designated loading area on the ground level for site deliveries. Delivery trucks would be restricted to two axle trucks. Delivery trucks would not be allowed to park along either Prospect Avenue or Garvey Avenue. 29. Truck deliveries shall occur only during off-peak hours so that any potential conflict between trucks, residents, and customers of the project site land uses will be minimal. All truck deliveries shall comply with Rosemead Municipal Code Chapter 8.36. 30. Pickup trucks equipped to lift dumpsters shall be utilized to move solid waste and recyclable materials from the trash enclosures to the street, adjacent to the site on the City designated day for trash collection for normal trash collection. At the end of the day, the private pickup truck would return the dumpsters to their respective location within the parking structure. 31. Prior to the issuance of Building permits, the Developer shall develop a comprehensive Construction Management Plan, subject to the review and approval of the Planning Division, Building and Safety Division, and Public Works Department. The Construction Management Plan shall address security of site and equipment, noise, vibrations, traffic control, parking, debris removal, staging, dust control, sanitary facilities, and other potential construction impacts, as well as other details involving the means and methods of completing the project, including the construction equipment route. The City has the authority to require modifications and amendments to the Construction Management Plan as deemed necessary throughout the course of the project and until the final inspection. 32. A construction notice shall be mailed to residents within a 300' radius from the project site to inform them of the commencement of construction. The notice shall me mailed ten days prior to commencement. 33. Any exterior lighting shall be fully shielded and directed downwards as to not project over the property lines of the subject site. Planning Commission Meeting March 7, 2022 Page 42 of 50 34. The applicant shall submit a Master Sign Program for the mixed-use development to the Planning Division for review and approval prior to finalization of building permits for the project. 35. The developer shall make all efforts within the first six months of the leasing period to incorporate national or regional tenants into the commercial leasing spaces. 36. All open areas not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. Maintenance procedures of such landscaped and common areas shall be specifically stated in the CC&Rs prior to issuance of any building permit. 37. Restrictions and/or covenants shall be recorded on the property to ensure the benefits or amenities provided to earn the Community Benefit Incentives are maintained in perpetuity. The project includes five community benefit incentives totaling 131 earned points for a 3.0 floor area ratio (FAR) and density of 80 units/acre. The type of benefit and points earned are listed below: a. Lot Consolidation — 35 points b. Family Friendly Development — 50 points c. Nonresidential Component of Mixed -Use Development Sites — 20 points d. Public Parking — 6 points e. Sustainable Design (CAL -Green Tier 1) — 20 points Public Works Conditions of Approval 3 8. Copy all conditions of approval and the Planning decision letter onto all permit plan sets. 39. The approved building address(s) shall be painted on the curb to the City's standard as required by the Public Works Inspector before the final inspection. 40. Rehabilitate existing AC street pavement along the property frontage to the centerline of the street or pay an in -lieu fee equal to the estimated cost of street rehabilitation based on the Los Angeles County Land Development Division Bond Calculation Sheets before the issuance of building permits to the satisfaction of the City Engineer or designee. There is a street -cut moratorium on Garvey. 41. Any trenching asphalt or concrete pavement or street or sidewalk removal related to the project repair shall match the existing surfaces and as directed by the City Engineer or his designee. New pavement thickness shall be one inch greater than the existing. There is a street -cut moratorium on Garvey. 42. Dedicate street R/W to match the ultimate R/W condition, when applicable. Planning Commission Meeting March 7, 2022 Page 43 of 50 43. The required street improvements shall include those portions of roadways contiguous to the subject property and include: a. Reconstruct existing and construct new driveway approaches with current ADA bypass requirements per SPPWC, latest edition. No portion of the driveway and/or parkway shall encroach to the frontage of the adjacent property. Remove and replace relocated driveway approaches with sidewalk and curb and gutter. b. Remove and reconstruct all damaged and/or off -grade curbs, gutters, ADA ramps, driveway approaches, and sidewalks. c. Install street storm drain catch basin trash grates adjacent to the property (type to match City standard), when applicable. 44. Historical or existing stormwater flow from adjacent lots must be received and directed by gravity to the public street, to a public drainage facility, or an approved drainage easement. 45. Prepare and submit hydrology and hydraulic calculations for the sizing of all proposed drainage devices. The analysis shall also determine if changes in the post -development versus pre -development conditions have occurred. The analysis shall be stamped by a California State Registered Civil Engineer and prepared per the Los Angeles County Department of Public Works Hydrology Method. 46. All grading projects require an Erosion Control Plan as part of the grading plans. A grading permit will not be issued until and Erosion Control Plan is approved by the Engineering Department. 47. If the project is greater than one acre, a Storm Water Pollution Plan is required. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board. When submitting the SWPPP for the City's review, please include the NOI and the Waste Discharger Identification (WDID) number. 48. Adjust, relocate, and/or eliminate lot lines, lots, streets, easements or other physical improvements to comply with ordinances, policies, and standards in effect on the date the City determined the application to be complete all to the satisfaction of the Public Works Department. 49. Submit a LID plan and comply with all NPDES requirements. 50. If applicable, install Full Capture Devices (FCDs) on each storm drain catch basin adjacent to the property pursuant Los Angeles River Trash TMDL requirements and City standard. Planning Commission Meeting March 7, 2022 Page 44 of 50 51. Show clearly all existing lot lines and proposed lot line on the plans. 52. Provide a complete boundary and topographic survey. 53. Show any easement on the plans as applicable. 54. A Lot Merger or Covenant to Hold All Parcels as one shall be required, dependent on the City Engineer's determination. Traffic 55. Comply with all traffic requirements. 56. If the project generates 50 or more new peak -hour vehicle trips, then a traffic impact study will need to be completed. A trip generation table with distribution of project trips at each driveway should be submitted to City Engineering and Traffic to determine the extent and scope of the Traffic Analysis required. 57. Internal access, on-site parking, and line of sight at each project driveway shall be submitted to determine if off-site parking restrictions are necessary. Sewer 58. If applicable, approval of this land division is contingent upon providing a separate sewer lateral to serve each lot of the land division. 59. Conduct a sewer capacity study per the Los Angeles County Department of Public Works Guidelines of existing sewer facilities that serve the proposed development. The developer shall either pay in -lieu fees equal to the estimated cost (based on Los Angeles County Land Development Division Bond Calculation Sheets) of the proposed development's percentage of the design capacity of the existing sewer system prior to the issuance of building permits or provide sewer improvements to deficient sewer segments serving the subject property to the satisfaction of the City Engineer. 60. Based on the project sewer analysis and the design capacity conditions of the existing sewer system in relation to the proposed project, sewer main/trunk line improvements and/or in - lieu fees shall be required. 61. All existing laterals to be abandoned shall be capped at the public right of way to the satisfaction of the City Engineer and the Building Official of the City of Rosemead. Planning Commission Meeting March 7, 2022 Page 45 of 50 Utilities 62. All power, telephone, cable television, and all utilities to the project and adjacent to the project shall be underground. 63. Any utilities that conflict with the development shall be relocated at the developer's expense. 64. Provide a street lighting plan and parking lot lighting plan. Water 65. Prior to the filing of the final map, there shall also be filed with the City Engineer, a statement from the water purveyor indicating compliance with the Fire Chief s fire flow requirements. 66. Water hydrant, water meter box and utilities box shall be located 8 feet away from parkway trees and 3 feet away from driveway approach. 67. Prior to the approval of the tentative map, there shall also be filed with the City Engineer, a statement from the water purveyor and fire department indicating compliance with the Fire Chief s fire flow requirements. Mitigation Measure Conditions Aesthetics 68. Prior to the issuance of a building permit the project applicant shall submit a lighting plan for approval by the Planning Division that incorporates the following light reducing measures as applicable: a. Select lighting fixtures with more -precise optical control and/or different lighting distribution. b. Relocate and/or change the height and/or orientation of proposed lighting fixtures. c. Add external shielding and/or internal reflectors to fixtures. d. Select lower -output lamp/lamp technologies. e. A combination of the above. Air Quality 69. Prior to the start and throughout project construction, the contractor shall implement and maintain the following fugitive dust control measures: a. Apply soil stabilizers or moisten inactive areas. b. Water exposed surfaces as needed to avoid visible dust leaving the construction site (typically 2-3 times/day). Planning Commission Meeting March 7, 2022 Page 46 of 50 c. Cover all stockpiles with tarps at the end of each day or as needed. d. Provide water spray during loading and unloading of earthen materials. e. Minimize in -out traffic from construction zone. f. Cover all trucks hauling dirt, sand, or loose material and require all trucks to maintain at least two feet of freeboard. g. Sweep streets daily if visible soil material is carried out from the construction site. 70. Throughout project construction the contractor shall: a. Utilize well -tuned off-road construction equipment. b. Establish a preference for contractors using Tier 3 or better heavy equipment. c. Enforce 5 -minute idling limits for both on -road trucks and off-road equipment. Cultural Resources 71. The project developer shall retain a qualified professional archaeologist who meets U.S. Secretary of the Interior's Professional Qualifications and Standards, to conduct an Archaeological Sensitivity Training for construction personnel prior to commencement of excavation activities. The training session shall be carried out by a cultural resource professional with expertise in archaeology, who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards. The training session shall include a handout and will focus on how to identify archaeological resources that may be encountered during earthmoving activities and the procedures to be followed in such an event, the duties of archaeological monitors, and the general steps a qualified professional archaeologist would follow in conducting a salvage investigation if one is necessary. 72. In the event that archaeological resources are unearthed during ground disturbing activities, ground -disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find where construction activities shall not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. Work shall be allowed to continue outside of the buffer area. All archaeological resources unearthed by project construction activities shall be evaluated by a qualified professional archaeologist, who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards. Should the newly discovered artifacts be determined to be prehistoric, Native American Tribes/Individuals shall be contacted and consulted, and Native American construction monitoring shall be initiated. The project developer and the City shall coordinate with the archaeologist to develop an appropriate treatment plan for the resources. The plan may include implementation of archaeological data recovery excavations to address treatment of the resource along with subsequent laboratory processing and analysis. 73. The project developer shall retain a qualified professional archaeologist, who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards to conduct periodic Archaeological Spot Checks beginning at depths below 2' feet to determine if construction excavations have exposed or have a high probability to expose archaeological resources. After the initial Archaeological Spot Check, further periodic checks shall be Planning Commission Meeting March 7, 2022 Page 47 of 50 conducted at the discretion of the qualified archaeologist. If the qualified archaeologist determines that construction excavations have exposed or have a high probability to expose archaeological artifacts construction monitoring for Archaeological Resources shall be required. The project developer shall retain a qualified archaeological monitor, who will work under the guidance and direction of a professional archaeologist, who meets the qualifications set forth by the U.S. Secretary of the Interior's Professional Qualifications and Standards. The archaeological monitor shall be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into non -fill younger Pleistocene alluvial sediments. Multiple earth -moving construction activities may require multiple archaeological monitors. The frequency of monitoring shall be based on the rate of excavation and grading activities, proximity to known archaeological resources, the materials being excavated (native versus artificial fill soils), and the depth of excavation, and if found, the abundance and type of archaeological resources encountered. Full-time monitoring can be reduced to part-time inspections if determined adequate by the project archaeologist. 74. The archaeological monitor, under the direction of a qualified professional archaeologist who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards, shall prepare a final report at the conclusion of archaeological monitoring. The report shall be submitted to the project developer, the South Central Costal Information Center, the City, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures. The report shall include a description of resources unearthed, if any, evaluation of the resources with respect to the California Register and CEQA, and treatment of the resources. Noise 75. All construction equipment shall be equipped with mufflers and other suitable noise attenuation devices (e.g., engine shields). 76. Grading and construction contractors shall use rubber -tired equipment rather than track equipment, to the maximum extent feasible. 77. If feasible, electric hook-ups shall be provided to avoid the use of generators. If electric service is determined to be infeasible for the site, only whisper -quiet generators shall be used (i.e., inverter generators capable of providing variable load. 78. Electric air compressors and similar power tools rather than diesel equipment shall be used, where feasible. 79. Generators and stationary construction equipment shall be staged and located as far from the adjacent residential structures as feasible. 80. Construction -related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 5 minutes. Planning Commission Meeting March 7, 2022 Page 48 of 50 81. A sign shall be posted in a readily visible location at the project site that indicates the dates and duration of construction activities, as well as provide a telephone number where residents can enquire about the construction process and register complaints to an assigned construction noise disturbance coordinator. 82. Dozers shall not operate within 25 feet of the north property line. Tribal Cultural Resources 83. Prior to the commencement of any ground disturbing activity at the project site, the project applicant shall retain a Native American Monitor approved by the Gabrieleno Band of Mission Indians-Kizh Nation. A copy of the executed contract shall be submitted to the City of Rosemead Planning and Building Department prior to the issuance of any permit necessary to commence a ground -disturbing activity. The Tribal monitor shall only be present on-site during the construction phases that involve ground -disturbing activities. Ground disturbing activities are defined by the Tribe as activities that may include, but are not limited to, pavement removal, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project area. The Tribal Monitor shall complete daily monitoring logs that shall provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when all ground -disturbing activities on the project site are completed, or when the Tribal Representatives and Tribal Monitor have indicated that all upcoming ground -disturbing activities at the project site have little to no potential to impact Tribal Cultural Resources. 84. Upon discovery, of any Tribal Cultural Resources, construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be assessed. All Tribal Cultural Resources unearthed by project activities shall be evaluated by the qualified archaeologist and Tribal monitor approved by the Consulting Tribe. If the resources are Native American in origin, the Consulting Tribe shall retain it/them in the form and/or manner the Tribe deems appropriate, for educational, cultural and/or historic purposes. If human remains and/or grave goods are discovered or recognized at the project site, all ground disturbance shall immediately cease, and the county coroner shall be notified per Public Resources Code Section 5097.98, and Health & Safety Code Section 7050.5. Human remains and graveiburial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). Work may continue on other parts of the project site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5[fJ). If a non -Native American resource is determined by the qualified archaeologist to constitute a "historical resource" or "unique archaeological resource," time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is Planning Commission Meeting March 7, 2022 Page 49 of 50 not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. m X m L Ez CD CD Ln 'I 0) =0, N o N OO I � C F iJE9 v PROSPECT AVE. U 0 0 ioo I -s PROSPECT AVE. (� - E ",0 D N O < —1 mn -< ----I----- 0 � °o 3 .. m ti /00 N to I I I WI` I I m c � 0�I � I I I i I Ls ,uo I I I L a _ " JACKSON AVE. h 4�ti m� W. "c m X m L Ez CD CD