CC - Item 3A - Public Hearing Staff Report on Planned Development 22-01, Zone Change 22-01, General Plan Amendment 22-01 and Tentative Tract Map 83705 at 8601 Mission DriveROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: JANUARY 10, 2023
SUBJECT: PUBLIC HEARING ON PLANNED DEVELOPMENT 22-01, ZONE
CHANGE 22-01, GENERAL PLAN AMENDMENT 22-01, AND
TENTATIVE TRACT MAP 83705 - 8601 MISSION DRIVE
SUMMARY
Mission Villas, LLC is proposing the development of 37 two-story dwelling units, eight of which
will be developed utilizing the City's Small Lot Subdivision Ordinance. In addition, four out of
the 37 units will be designated as affordable units. The dwellings will range in size from 1,546 to
2,553 square feet with four different floor plans. Of the 37 units, 29 would be four-bedroom
single family dwelling units, four would be three-bedroom duplexes, and four would be four-
bedroom duplexes. All units will include an enclosed two -car garage. The project also includes
25 guest parking spaces and access would be provided via one 40 -foot -wide driveway on
Mission Drive. In addition, the project will include new landscaping, decorative hardscape,
exterior walls and lighting, and open space areas. The project site is located at 8601 Mission
Drive (APNs: 5389-009-029, 030, and 03 1) in the Single Family Residential (R-1) zone.
ENVIRONMENTAL ANALYSIS
The City of Rosemead acting as a Lead Agency, has completed an Initial Study in accordance
with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000-
21177) and pursuant to Section 15063 of Title 14 of the California Code of Regulations (CCR).
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 the project will not have a significant effect on the environment
with the incorporation of mitigation measures and has therefore prepared a Draft Mitigated
Negative Declaration. The Initial Study reflects the independent judgment of the City.
A Notice of Intent to Adopt a Mitigated Negative Declaration for the project was distributed for
a 20 -day public review and comment period from November 10, 2022 to November 30, 2022.
The Mitigated Negative Declaration, along with Mitigation Monitoring and Reporting Program
are attached as Attachment "H".
AGENDA ITEM 3.A
City Council Meeting
January 10, 2023
Pase 2 of 5
The Planning Commission recommended approval of the project and adoption of the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program to the City Council.
The Planning Commission has considered the proposed Mitigated Negative Declaration before
making its recommendation.
STAFF RECOMMENDATION
That the City Council:
1. Conduct a public hearing and receive public testimony;
2. Adopt City Council Resolution No. 2023-02 (Exhibit "A"), adopting the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program as the
environmental determination for Planned Development 22-01, Zone Change 22-01,
General Plan Amendment 22-01, and Tentative Tract Map 8370 and file the Notice of
Determination for the project; and
3. Adopt City Council Resolution No. 2023-04 (Exhibit "B") and introduce for first reading
Ordinance No. 1013 (Exhibit "C") for the approval of Planned Development 22-01, Zone
Change 22-01, General Plan Amendment 22-01, and Tentative Tract Map 83705.
4. Authorize the City Manager to execute an Affordable Housing Agreement (Attachment
"J") with Mission Villas, LLC for four affordable units.
On December 19, 2022, the Planning Commission held a duly noticed and advertised public
hearing to receive oral and written testimony relative to Planned Development 22-01, Zone
Change 22-01, General Plan Amendment 22-01, and Tentative Tract Map 83705. Analysis of the
proposed project is provided in the Planning Commission Staff Report. The Planning
Commission Staff Report, Draft Planning Commission Meeting Minutes, and Planning
Commission Resolution 22-07 are included in this report as Attachments "D", "E", and "E",
respectively.
During the meeting, the Planning Commission commended the applicant for addressing all
concerns and topics of discussion that were expressed by the City Council and Planning
Commission during the Concept Presentation on November 9, 2021. This included neighborhood
outreach, affordable units, small lots, safety concerns relation to ingress and egress, off-street
parking, additional landscaping and privacy, and a pocket park under the Southern California
Edison Easement, which are summarized in the Planning Commission Staff Report found in
Attachment "D".
In addition, the Planning Commission also inquired on the number of entrances within the
development and why the applicant did not disperse the affordable units throughout the project
City Council Meeting
January 10, 2023
Pacts 3 of 5
site and provide a larger variety of floor plans. The applicant explained that due to the location,
size, and irregular shape of the project site, the development was only able to accommodate a
central 40 -foot -wide driveway for ingress and egress, which has been reviewed and approved by
the Los Angeles County Fire Department. In addition, multiple plotting options were reviewed,
and the proposed configuration was the most reasonable, as the affordable units would be
integrated into the development and be in close proximity to the central common open area, the
entrance, and be located next to market rate units.
After considering all public testimony, the Planning Commission adopted Planning Commission
Resolution 22-07, recommending that the City Council adopt City Council Resolution No. 2023-
02, City Council Resolution No. 2023-04, and Ordinance No. 1013 for the approval of Planned
Development 22-01, Zone Change 22-01, General Plan Amendment 22-01, and Tentative Tract
Map 83705 and adopt the associated Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program as the environmental determination, for the construction of a new
residential planned development project at 8601 Mission Drive.
Affordable Housing Agreement
The City will be entering into an Affordable Housing Agreement (Attachment "J") with Mission
Villas, LLC for four affordable housing units. The City will be utilizing the United States
Department of Housing and Urban Development (HUD)'s Home Investment Partnership
Program (HOME) funds through the Homeownership Assistance Program.
PUBLIC HEARING TESTIMONY
The Planning Commission received a written public comment in Chinese, opposing the project
(letter and translation attached as Attachment "G") from Mei Zhang, whose concerns were
related to traffic and noise. She stated there has been a recent increase in home construction,
which is affecting the quality of life for the people living in the surrounding neighborhood. She
also stated that she is in opposition to the construction of new homes and would like to maintain
a peaceful and quiet environment.
A trip generation and vehicle miles traveled (VMT) screening analysis was prepared for the
project by Environmental Planning Development (EPD) Solutions, Inc., which determined that
the VMT impact of the project would be considered less than significant, and no further analysis
would be required. The City Engineer has reviewed the VMT analysis and on -street parking
evaluation and found it acceptable and the VMT analysis has been included into the Mitigated
Negative Declaration. In addition, several conditions of approval and mitigation measures were
incorporated to ensure temporary and permanent noise issues are mitigated. All construction
work will be required to comply with the timeframe and decibel levels indicated in the City of
Rosemead's Noise Ordinance. Furthermore, to alleviate noise issues, the proposed development
will incorporate 6'-0" high split -faced block walls along the entire perimeter of the subject site.
Lastly, multiple screening trees will also be incorporated along the eastern perimeter of the
project site and along Mission Drive.
City Council Meeting
January 10, 2023
Page 4 of 5
FISCAL IMPACT
None.
STRATEGIC PLAN IMPACT
Goal H: Land Use and Zoning - Rosemead will continue to create policies that encourage new
development, respond to the changing housing needs of residents, promote activation along our
major corridors, and support the local business community.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which includes a
300' radius public hearing notice to eighty-two (82) property owners and person(s) that have
filed a written request with the City's Clerk Office, publication in the Rosemead Reader on
December 29, 2022, and postings of the notice on site and at the six (6) public locations.
Prepared by:
3�
Annie Lao, Associate Planner
Reviewed by:
Lily Valenzuela, Planning & Economic Development Manager
Submitted by:
Stan Wong, Interim Director of Community Development
Attachment A: Resolution No. 2023-02
Attachment B: Resolution No. 2023-04
City Council Meeting
January 10, 2023
Page 5 of 5
Attachment C: Ordinance No. 1013
Attachment D: Planning Commission Staff Report, dated December 19, 2022
Attachment E: Planning Commission Meeting Minutes, dated December 19, 2022
Attachment F: Planning Commission Resolution No. 22-07
Attachment G: Written Public Comments, dated December 19, 2022
Attachment H: Initial Study/Mitigated Negative Declaration with Mitigation Monitoring
Program (Appendices included in USB Drive)
Attachment I: Architectural Plans, dated December 5, 2022
Attachment J: Affordable Housing Agreement
Attachment A
Resolution No. 2023-02
RESOLUTION 2023-02
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 AS THE ENVIRONMENTAL DETERMINATION FOR
PLANNED DEVELOPMENT 22-01, ZONE CHANGE 22-01, GENERAL
PLAN AMENDMENT 22-01, AND TENTATIVE TRACT MAP 83705
WHEREAS, on February 17, 2022, Mission Villas, LLC submitted entitlement
applications for the construction of 37 residential units; and
WHEREAS, in September 2022, 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, 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 Initial Study/Draft Mitigated Negative Declaration (SCH Number
2022 1 1 023 0) was prepared and circulated for a 20 -day public review and comment period from
November 10, 2022 to November 30, 2022. Notices were sent to property owners within a 300 -
feet radius from the subject property and person(s) that have filed a written request with the City's
Clerk Office. In addition, the notice was posted at 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 Planned Development 22-
01, Zone Change 22-01, General Plan Amendment 22-01, and Tentative Tract Map 83705.
WHEREAS, Sections 65800 & 65900 of the California Government and Rosemead
Municipal Code Sections/Chapter 16.04 and 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 Initial Study/Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program as the environmental
determination for Planned Development 22-01, Zone Change 22-01, General Plan Amendment
22-01, and Tentative Tract Map 83705; and
WHEREAS, on December 19, 2022, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to General Plan
Amendment 22-01 and Tentative Tract Map 83705; and
WHEREAS, on December 29, 2022, eighty-two (82) notices were sent to property owners
within a 300 -feet radius from the subject property and to person(s) who have filed a written request
with the City's Clerk Office. In addition, the notice was posted at 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 General
Plan Amendment 22-01 and Tentative Tract Map 83705, pursuant to California Government Code
Section 65091(a)(3); and
WHEREAS, the City Council held a duly noticed public hearing on January 10, 2023, 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:
SECTION 1. The City Council hereby makes a finding of adequacy with the Initial
Study/Mitigated Negative Declaration and HEREBY ADOPTS the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program as the environmental
determination for Planned Development 22-01, Zone Change 22-01, General Plan Amendment
22-01, and Tentative Tract Map 83705.
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
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
Exhibit:
A. Conditions of Approval
day of , 2023.
Sean Dang, Mayor
ATTEST:
Ericka Hernandez, City Clerk
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. 2023-02 was duly adopted by
the City Council of the City of Rosemead, California, at a regular meeting thereof held on the
day of , 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
EXHIBIT "A"
GENERAL PLAN AMENDMENT 22-01, ZONE CHANGE 22-01
PLANNED DEVELOPMENT REVIEW 22-01, AND TENTATIVE TRACT MAP 83705
(EXHIBIT "A" OF CITY COUNCIL RESOLUTION 2023-02, CITY COUNCIL
RESOLUTION 2023-04, AND ORDINANCE 1013)
8601 MISSION DRIVE
(APNS: 5389-009-029,030, AND 031)
CONDITIONS OF APPROVAL
JANUARY 10, 2023
Standard Conditions of Approvals
General Plan Amendment 22-01, Zone Change 22-01 Planned Development Review 22-01,
and Tentative Tract Map 83705 ("Project') are approved for the construction of 37 residential
units, in accordance with the preliminary plans marked Attachment "F', dated December 5,
2022. 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 and Building Divisions and the Public Works
Department.
4. Approval of Project shall not take effect for any purpose until the applicant(s) have filed with
the City of Rosemead ("City") a notarized affidavit stating that he/she is aware of and accepts
all of the conditions of approval as set forth in the letter of approval and this list of conditions
within ten (10) days from the City Council approval date.
5. The on-site public hearing notice posting shall be removed by the end of the 10 -day appeal
period of Project.
6. Project is approved for a period of one (1) year. The applicant(s) shall commence the approved
project or request an extension within 30 calendar days prior to expiration. The one (1) year
initial approval period shall be effective from the Planning Commission approval date. For
the purpose of this petition, project commencement shall be defined as beginning the
permitting process with the Planning and Building Divisions, so long as the project is not
abandoned. If Project has been unused, abandoned, or discontinued for a period of one (1)
year, it shall become null and void.
7. The City Council 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 Engineering Division 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 Engineering
Division 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
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.
Proiect Specific Conditions of Approval
20. The applicant shall enter into an agreement with the City of Rosemead to ensure that four
units are designated as affordable, including the use of the City's Down Payment Assistance
Program. The agreement shall be reviewed and approved by the City prior to the issuance of
Building Permits.
21. Development Impact Fees shall be paid prior to issuance of the final Certificate of Occupancy
for the project.
22. 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.
23. A final wall/fence 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 match or complement the residential
buildings in color, material, and design.
24. 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.
25. All parking spaces comply with the currently applicable section of the Rosemead Municipal
Code. All covered parking spaces shall be free and clear with no obstruction.
26. 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.
27. 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 be mailed ten days prior
to commencement.
28. Any exterior lighting shall be fully shielded and directed downwards as to not project over
the property lines of the subject site.
29. Prior to issuance of any building permit related to this project, the Applicant shall prepare
Covenant Conditions and Restrictions (CC&R's) or other similar recorded instrument
indicating how and who will maintain proposed common areas. The CC&R's shall be
prepared by the Applicant and approved by the City Attorney and shall include the following
statements: "This statement is intended to notify all prospective property owners of certain
limitations on construction to residential dwellings contained in this planned development
project. Any necessary modifications or additions must be reviewed on a case-by-case basis
and approved or denied by the Community Development Director or his/her designee at
his/her discretion". The CC&R's will cover all aspects of property maintenance of the
common areas, including but not limited to driveways, fencing, landscaping, lighting, parking
spaces, open space and recreational areas. All applicable City Attorney fees shall be at the
responsibility of the applicant.
30. The applicant shall include provisions in the CC&R's to provide maintenance of all building
improvements, on -grade parking and landscaping, and maintenance of the driveway, in a
manner satisfactory to the Planning Division, and in a form acceptable to the City Attorney.
31. The subdivider shall include provisions in the CC&R's to require regular trash pickup service
at least once a week for the residential trash bins. All residential trash bins shall remain within
the development. No residential trash bins shall be placed in the public right-of-way at any
time.
32. Planning Division approval of sign plans must be obtained prior to obtaining building permits
and/or installation for any signs.
Public Works Conditions of Aauroval
General
33. Copy all conditions of approval and the Planning decision letter onto all permit plan sets.
34. The proposed project is subject to LID and NPDES requirements. Developer shall integrate
LID strategies into the site design. Grading Plans will not be approved until the LID
requirements have been met.
35. The following note shall be added to the final plans: "A record drawing shall be submitted to
the City, before the release of the permit, that delineates and incorporates all modifications
that were approved and incorporated during construction."
36. 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.
37. 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 to the satisfaction of
the City Engineer or designee. Rehabilitation includes existing and new traffic control devices
including but not limited to pavement markers, striping, and markings to the satisfaction of
the City Engineer. All striping and markings shall be a minimum of two coats of
thermoplastic paint. This work is to be performed or the in -lieu fee shall be paid prior to the
issuance of the final Certificate of Occupancy for the project.
38. 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.
39. Dedicate street R/W to match the ultimate R/W condition.
40. 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.
41. Details shown on the tentative map are not necessarily approved. Any details which are
inconsistent with requirements of ordinances, general conditions of approval, or City
Engineer's policies must be specifically approved in the final map or improvement plan
approvals.
42. A final tract map prepared by, or under the direction of a Registered Civil Engineer authorized
to practice land surveying or a Licensed Land Surveyor, must be processed through the City
Engineer's office before being filed with the County Recorder.
43. A preliminary subdivision guarantee is required showing all fee interest holders and
encumbrances. An updated title report shall be provided before the final parcel map is released
for filing with the County Recorder.
44. The final tract map shall be based on a field survey, and monuments shall be set to
permanently mark parcel map boundaries, street centerlines and lot boundaries to the
satisfaction of the City Engineer. The basis of bearing used for the field survey required for
the final map shall include two survey well monuments found or set. The City Engineer may
waive this requirement upon petition should this be impractical. Well monuments shall be set
in accordance with Standard Plan No. S08-001.
45. Final tract map shall be filed with the County Recorder and one (1) Mylar copy of the filed
map shall be submitted to the City Engineer's office. Certificate of Occupancy will not be
issued until the City has received the PDF and Mylar copy of the filed map.
46. Comply with all requirements of the Subdivision Map Act.
47. Approval for filling of this land division is contingent upon approval of plans and
specifications mentioned below.
48. The City reserves the right to impose any new plan check and/or permit fees approved by City
Council subsequent to tentative approval of this map.
49. Prior to the recordation of the final map, grading and drainage plans must be approved to
provide for contributory drainage from adjoining properties as approved by the City Engineer,
including the dedication of the necessary easements.
50. A grading and drainage plan must provide for a drainage system to the public street, to a
public drainage facility, or by means of an approved drainage easement.
51. 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.
52. 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.
53. 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.
54. If the project disturbs 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.
55. 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.
56. Submit a LID plan and comply with all NPDES requirements.
57. When applicable, a $2,000.00 fee will be required for each storm drain catch basin adjacent
to the property to retrofit pursuant Los Angeles River Trash TMDL requirements.
58. Show clearly all existing lot lines and proposed lot lines on the plans.
59. Provide a complete boundary and topographic survey.
60. Show any easement on the plans as applicable.
61. Print all Project Conditions of Approval on all plan sets.
Traffic
62. The curb lane on both sides of Mission Drive along the project frontage is not wide enough
to allow on -street parking.
63. Left turn access to the project site on Mission Drive shall be prohibited. Left turn out of the
project site on Mission Drive shall also be restricted. The applicant shall submit a Means and
Methods to achieve this result to the satisfaction of the City Engineer.
64. The project shall delineate where guest parking is expected.
65. The applicant should submit a Trip Generation Table that shows the amount of New Traffic
to be generated by this site and justification that this project is able to screen from preparing
a project level VMT analysis (preliminary test indicated that this project is eligible to be
screened as in a LOW VMT area but textual justification that proposed land use is similar to
surrounding conditions). Following City of Rosemead Transportation Study Guidelines for
Vehicle Miles Traveled and Level of Service Assessment.
Sewer
66. If applicable, approval of this land division is contingent upon providing a separate house
sewer lateral to serve each lot of the land division.
67. 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.
68. 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.
69. All existing laterals to be abandoned shall be capped at the public right of way to the
satisfaction of the City Engineer and the Building Official of the City of Rosemead.
Utilities
70. All power, telephone, cable television, and all utilities to the project and adjacent to the project
shall be installed and relocated underground.
71. Any utilities that conflict with the development shall be relocated at the developer's expense.
72. Provide a street lighting plan and parking lot lighting plan.
Water
73. 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.
74. Water hydrant, water meter box and utilities box shall be located 8 feet away from parkway
trees and 3 feet away from driveway approach.
LA County Fire Department Conditions of Approval
Final Map Requirements
75. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County
of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles
Fire Code), which requires an all-weather access surface to be clear to sky.
76. The Private Driveways proposed as private streets for access throughout the development
shall be labeled as 'Private Driveway" on the Final Map. The portion of the private
driveway intended for fire apparatus access shall be identified as "Fire Lane" on the Final
Map. All widths and dimensions shall be clearly delineated with a reciprocal access
agreement is required for all private driveways. Compliance required prior to Final Map
clearance.
77. The Final Map shall be submitted to our office for review and approval prior recordation.
Water
78. Install one new public fire hydrant. Location: Mission Drive, as shown on the approved
Tentative Map dated 03/02/2022.
79. Install two private on-site fire hydrants as shown on the approved Tentative Map dated
03/02/2022.
80. The required fire flow for this project is 1000 gpm for 2 hours at 20 psi.
81. All fire hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current
AWWA standard C503 or approved equal, and shall be installed in accordance with the
County of Los Angeles Fire Code.
Miti¢ation Measure Conditions
Biological Resources
82. Migratory Bird Treaty Act - Prior to commencement of grading activities, the City
Building Department, shall verify that in the event that vegetation and tree removal activities
occur within the active breeding season for birds (February 1—September 15), the Project
applicant (or their Construction Contractor) shall retain a qualified biologist (meaning a
professional biologist that is familiar with local birds and their nesting behaviors) to conduct
a nesting bird survey no more than 3 days prior to commencement of construction
activities. The nesting survey shall include the Project site and areas immediately adjacent
to the site that could potentially be affected by Project -related construction activities, such
as noise, human activity, and dust, etc. If active nesting of birds is observed within 100 feet
of the designated construction area prior to construction, the qualified biologist shall
establish an appropriate buffer around the active nests (e.g., as much as 500 feet for raptors
and 300 feet for non -raptors [subject to the recommendations of the qualified biologist]),
and the buffer areas shall be avoided until the nests are no longer occupied and the juvenile
birds can survive independently from the nests.
Cultural Resources/Tribal
83. Archaeological Monitoring - The Applicant shall retain a qualified archaeologist to
perform archaeological monitoring and the archaeologist shall be present during initial
ground -disturbing activities (e.g., site preparation and grading) to identify and assess any
known or suspected archaeological and/or cultural resource. The qualified archaeologist
shall develop a Cultural Resources Management Plan to address the details, timing, and
responsibility of all archaeological and cultural resource activities that occur on the Project
site. The plan shall include a scope of work, project grading and development scheduling,
pre -construction meeting (with consultants, contractors, and monitors), a monitoring
schedule during all initial ground -disturbance related activities, safety requirements, and
protocols to follow in the event of previously unknown cultural resources discoveries that
could be subject to a cultural resources evaluation. The plan shall be submitted to the City
and the Consulting Tribe(s) for review and comment, prior to final approval by the City.
84. Native American Monitoring - 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 Gabrieleiio 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.
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 gravelburial 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[fl). 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(1) for historical resources and PRC
Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e.,
avoidance) is the preferred manner of treatment. If preservation in place is not feasible,
treatment may include implementation of archaeological data recovery excavations to
remove the resource along with subsequent laboratory processing and analysis. Any historic
archaeological material that is not Native American in origin shall be curated at a public,
non-profit institution with a research interest in the materials, such as the Natural History
Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to
accept the material. If no institution accepts the archaeological material, it shall be offered
to a local school or historical society in the area for educational purposes.
85. Human Remains - Should human remains be discovered during Project construction, the
Project would be required to comply with State Health and Safety Code Section 7050.5,
which states that no further disturbance may occur in the vicinity of the body until the County
Coroner has made a determination of origin and disposition pursuant to Public Resources
Code Section 5097.98. The County Coroner must be notified of the find immediately. If the
remains are determined to be prehistoric, the Coroner will notify the Native American
Heritage Commission, which will determine the identity of and notify a Most Likely
Descendant (MLD). With the permission of the landowner or his/her authorized
representative, the MLD may inspect the site of the discovery. The MLD must complete the
inspection within 48 hours of notification by the NAHC.
Paleontological
86. Incidental Discoveries - Prior to issuance of a grading permit, the City of Rosemead Planning
Department shall verify that all Project grading and construction plans and specifications state
that in the event that potential paleontological resources are discovered during excavation,
grading, or construction activities, work shall cease within 50 feet of the find until a qualified
paleontologist (i.e., a practicing paleontologist that is recognized in the paleontological
community and is proficient in vertebrate paleontology) from the City or County List of
Qualified Paleontologists has evaluated the find and established a protocol for addressing the
find, in accordance with federal and state regulations. Construction personnel shall not collect
or move any paleontological materials and associated materials. If any fossil remains are
discovered, the paleontologist shall make a recommendation if monitoring shall be required
for the continuance of earth moving activities, and shall provide such monitoring if required.
Noise
87. Construction Vibration - Project plans and specifications shall include the requirement that
that operation of any heavy equipment shall be prohibited within 15 feet of existing residences
to the north and east. If heavy equipment is necessary within 15 feet of existing structures, the
following measures shall be implemented:
a. Identify structures that could be affected by ground -borne vibration and would be
located within 15 feet of where heavy construction equipment would be used. This
task shall be conducted by a qualified structural engineer as approved by the City's
Director of Community Development or designee.
b. Develop a vibration monitoring and construction contingency plan for approval by
the City's Director of Community Development, or designee, to identify structures
where monitoring would be conducted; set up a vibration monitoring schedule;
define structure -specific vibration limits; and address the need to conduct photo,
elevation, and crack surveys to document before and after construction conditions.
Construction contingencies such as alternative methods or equipment that would
generate lower vibration levels would be identified for when vibration levels
approached the limits.
c. At a minimum, monitor vibration during initial demolition activities. Monitoring
results may indicate the need for more intensive measurements if vibration levels
approach the 0.2 PPV (in/sec) threshold.
d When vibration levels approach the 0.2 PPV (in/sec) limit, suspend construction
and implement contingencies identified in the approved vibration monitoring and
construction contingency plan to either lower vibration levels or secure the affected
structures.
Aesthetics
88. Light and Glare - Pursuant to Municipal Code Chapter 17.88, exterior lighting shall be of low
intensity and shielded so that light will not spill out onto surrounding properties or Project
above the horizontal plane.
Air Quality
89. Rule 402 - The construction plans and specifications shall state that the Project is required to
comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule
402. The Project shall not discharge from any source whatsoever such quantities of air
contaminants or other material which cause injury, detriment, nuisance, or annoyance to any
considerable number of persons or to the public, or which endanger the comfort, repose, health
or safety of any such persons or the public, or which cause, or have a natural tendency to cause,
injury or damage to business or property.
90. Rule 403 - The construction plans and specifications shall state that the Project is required to
comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule
403, which includes the following:
a. All clearing, grading, earth -moving, or excavation activities shall cease when winds
exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.
b. The contractor shall ensure that all disturbed unpaved roads and disturbed areas
within the Project are watered, with complete coverage of disturbed areas, at least
3 times daily during dry weather; preferably in the mid-morning, afternoon, and
after work is done for the day.
c. The contractor shall ensure that traffic speeds on unpaved roads and Project site
areas are reduced to 15 miles per hour or less.
91. Rule 1113 - The construction plans and specifications shall state that the Project is required
to comply with the provisions of South Coast Air Quality Management District Rule
(SCAQMD) Rule 1113. Only "Low -Volatile Organic Compounds" paints (no more than 50
gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.
Energy
92. California Energy Code Compliance - The Project is required to comply with the 2019
California Energy Code as included in the City's Municipal Code (Chapter 12.24) to ensure
efficient use of energy. California Energy Code specifications are required to be incorporated
into building plans as a condition of building permit approval.
Geology
93. California Building Code - The Project is required to comply with the California Building
Code as included in the City's Municipal Code Chapter 15.04 to preclude significant adverse
effects associated with seismic hazards. California Building Code related and geologist and/or
civil engineer specifications for the Project are required to be incorporated into grading plans
and specifications as a condition of Project approval.
94. SWPPP - Prior to grading permit issuance, the Project developer shall have a Stormwater
Pollution Prevention Plan (SWPPP) prepared by a QSD (Qualified SWPPP Developer) in
accordance with the City's Municipal Code Chapter 13.16 Stormwater Management and
Discharge Control and the Los Angeles County RWQCB NPDES Storm Water Permit Order
No. R4-2012- 0175. The SWPPP shall incorporate all necessary Best Management Practices
(BMPs) and other NPDES regulations to limit the potential of erosion and polluted runoff
during construction activities. Project contractors shall be required to ensure compliance with
the SWPPP and permit periodic inspection of the construction site by City of Rosemead staff
or its designee to confirm compliance.
Water Quality
95. Stormwater Pollution Prevention Plan - Prior to grading permit issuance, the Project
developer shall have a Stormwater Pollution Prevention Plan (SWPPP) prepared by a
Qualified SWPPP Developer (QSD) in accordance with the City's Municipal Code Chapter
13.16 and the Los Angeles Regional Water Quality Control Board National Pollution
Discharge Elimination System (NPDES) Storm Water Permit Order No. R4-2012-0175 (MS4
Permit). The SWPPP shall incorporate all necessary Best Management Practices (BMPs) and
other NPDES regulations to limit the potential of erosion and polluted runoff during
construction activities. Project contractors shall be required to ensure compliance with the
SWPPP and permit periodic inspection of the construction site by the City of Rosemead staff
to confirm compliance.
96. Water Quality Management Plan - Prior to grading permit issuance, the Project applicant
shall have a Water Quality Management Plan (WQMP) approved by the City for
implementation. The Project shall comply with the City's Municipal Chapter 13.16 and the
Municipal Separate Storm Sewer System (MS4) permit requirements in effect for the
Regional Water Quality Control Board (RWQCB) at the time of grading permit to control
discharges of sediments and other pollutants during operations of the Project.
Noise
97. Construction Hours - Per Municipal Code Chapter 8.36, construction and demolition
activities may only occur between the hours of 7:00 a.m. and 8:00 p.m. on weekdays,
including Saturday. Construction activities should not take place at any time on Sunday or a
federal holiday. No person shall operate or allow the operation of any tools or equipment used
in construction, drilling, repair, or alteration or demolition work outside of these hours to
prevent noise disturbances.
98. Best Construction Practices - In addition to compliance with the City's Municipal Code
allowed hours of construction of 7:00 a.m. to 8:00 p.m., Monday through Saturday, excluding
Sunday and holidays, the following recommendations would reduce construction noise to the
extent feasible:
a. The Project construction contractor should equip all construction equipment, fixed
or mobile, with properly operating and maintained noise mufflers, consistent with
manufacturer's standards.
b. The Project construction contractor should locate staging areas away from off-site
sensitive uses during the later phases of Project development.
c. The Project construction contractor should place all stationary construction
equipment so that emitted noise is directed away from sensitive receptors nearest
the Project site whenever feasible.
Public Services
99. School Fees - Prior to the issuance of a building permit, the applicant shall provide payment
of the appropriate fees set forth by the applicable school districts related to the funding of
school facilities pursuant to Government Code Section 65995 et seq.
Utilities
100. Solid Waste - As required by Municipal Code Chapter 8.32, Section 8.32.010 of the 2016
California Green Building Standards Code, and AB 341 the Project shall implement a Waste
Management Plan to ensure that the construction and operational diversion requirements
would be met.
Attachment B
Resolution No. 2023-04
RESOLUTION 2023-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING GENERAL PLAN AMENDMENT 22-01 AND TENTATIVE
TRACT MAP 83705 TO AMEND THE LAND USE DESIGNATION OF THE
SUBJECT SITE FROM LOW DENSITY RESIDENTIAL (0-6 UNITS PER
ACRE) TO MEDIUM DENSITY RESIDENTIAL (0-12 UNITS PER ACRE)
AND TO CREATE NINE LEGAL PARCELS FOR 37 RESIDENTIAL
UNITS. THE SUBJECT SITE IS LOCATED AT 8601 MISSION DRIVE
(APNS: 5389-009-029, 030, AND 031).
WHEREAS, on February 17, 2022, Mission Villas, LLC submitted entitlement
applications for the construction of 37 residential units; and
WHEREAS, 8601 Mission Drive is located in the R-1 zone; and
WHEREAS, Rosemead Municipal Code Section 17.152.060 provides the purpose and
criteria for a general plan amendment; and
WHEREAS, Section 66474 et seq of the Subdivision Map Act and Rosemead Municipal
Code Chapter 16.04 provides the criteria for a tentative tract map; and
WHEREAS, Sections 65800 & 65900 of the California Government and Rosemead
Municipal Code Sections/Chapter 16.04 and 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 general plan amendment and tentative
tract map; and
WHEREAS, in September 2022, 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 a Mitigated Negative Declaration.
WHEREAS, on December 19, 2022, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to General Plan
Amendment 22-01 and Tentative Tract Map 83705; and
WHEREAS, on December 29, 2022, eighty-two (82) notices were sent to property owners
within a 300 -feet radius from the subject property and to person(s) who have filed a written request
with the City's Clerk Office. In addition, the notice was posted at 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 General
Plan Amendment 22-01 and Tentative Tract Map 83705, pursuant to California Government Code
Section 65091(a)(3); and
WHEREAS, the City Council held a duly noticed public hearing on January 10, 2023, to
consider the approval of General Plan Amendment 22-01 and Tentative Tract Map 83705; and
WHEREAS, the City Council fully studied the proposed General Plan Amendment 22-01
and Tentative Tract Map 83705 and considered all public comments; and
WHEREAS, the City Council, having final approval authority over this project, has
reviewed and considered all comments received during the public review period prior to the
approval of this project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
HEREBY FINDS, DECLARES, AND RECOMMENDS AS FOLLOWS:
SECTION 1. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do
exist to justify approving General Plan Amendment 22-01 in accordance with Rosemead
Municipal Code Section 17.152.060(A) as follows:
A. The amendment is internally consistent with all other provisions of the General
Plan
FINDING: The proposed amendment will change the land use designation of the subject
parcel from Low Density Residential to Medium Density Residential. The subject site is currently
zoned R-1 on the Zoning Map. However, the applicant is proposing a zone change to amend the
Zoning Map of the subject site from the R-1 to P -D zone. According to the General Plan and
Zoning Ordinance Consistency Table in the General Plan, the P -D zone is a corresponding zone
district to the Medium Density Residential land use designation.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
FINDING: The existing land use designation of the subject site is Low Density
Residential. The subject site consists of three vacant parcels totaling approximately 3.378 acres
of land. The proposed amendment would change the land use designation to Medium Density
Residential for the construction of 37 residential units. The subject site is located in a low density
residential neighborhood and will continue as a residential use, therefore, will not be detrimental
to the public interest, health, safety, convenience, or welfare of the City.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for the
proposed project pursuant to Section 15070(b) of 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 the project will not have a significant effect on the environment with
the incorporation of mitigation measures and has therefore prepared a Draft Mitigated Negative
Declaration.
C. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
FINDING: The proposed amendment would change the zone from R-1 to P -D for the
construction of 37 residential units. The P -D zone is intended to provide for developments that are
characterized by innovative use and design concepts. The minimum area for a P -D project is one
acre. The subject site consists of three vacant parcels totaling approximately 3.378 acres of land.
In addition, the proposed development would be in compliance with the applicable development
standards of the Rosemead Zoning Code.
D. The affected site is physically suitable in terms of design, location, operating
characteristics, shape, size, topography, and the provision of public and emergency vehicle access,
and public services and utilities and is served by highways and streets adequate in width and
improvement to carry the kind and quantity of traffic the proposed use would likely generate, to
ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise
constitute a hazard to the property or improvements in the vicinity in which the property is located.
FINDING: The subject site is located in a residential neighborhood and will continue as
a residential use, therefore, the amendment to the Medium Density Residential land use
designation for the construction of 37 residential units will be physically suitable for the subject
site. The subject site is currently designated as Low Density Residential and is currently
surrounded by predominately residential uses.
A trip generation and vehicle miles traveled (VMT) screening analysis was prepared for
the project by Environmental Planning Development (EDP) Solutions, Inc. The technical
memorandum evaluated the trip generation and need to prepare a level of service (LOS) or vehicle
miles traveled (VMT) analysis for the proposed project based on the City of Rosemead's
Transportation Study Guidelines for VMT and LOS Assessment. If a project meets one of the
following three criteria listed in the Rosemead's Transportation Study Guidelines for VMT and
LOS Assessment, then the VMT impact of the project would be considered less than significant
and no further analysis would be required. The proposed project was able to satisfy Screening
Criteria 2 — Low VMT Area. The City Engineer has reviewed the VMT analysis and on -street
parking evaluation and found it acceptable and the VMT analysis has been included into in the
Mitigated Negative Declaration.
SECTION 2. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts
do exist to justify approving Tentative Tract Map 83705 in accordance with Section 66474 et seq
of the Subdivision Map Act and Rosemead Municipal Code Chapter 16.04 as follows:
A. That the proposed map is consistent with applicable general and specific plans as
specified in Section 65451.
FINDING: Tentative Tract Map 83705 will consolidate three vacant parcels totaling
approximately 3.378 acres of land, for the creation of nine legal parcels for 37 residential units.
The project includes an amendment to the General Plan. The proposed amendment will change
the land use designation of the subject parcel from Low Density Residential to Medium Density
Residential. The Medium Density Residential land use designation allows a density of 12 units per
acre. The density proposed is within the allowed density. There is no applicable specific plan.
B. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
FINDING: Tentative Tract Map 83705 will consolidate three vacant parcels totaling
approximately 3.378 acres of land, for the creation of nine legal parcels for 37 residential units.
The project includes an amendment to the General Plan. The proposed amendment will change
the land use designation of the subject parcel from Low Density Residential to Medium Density
Residential. The Medium Density Residential land use designation allows a density of 12 units per
acre. The density proposed is within the allowed density. In addition, several conditions of
approval and mitigation measures have been incorporated making the site physically suitable for
a residential planned development.
C. That the site is physically suitable for the type of development.
FINDING: The P -D zone is designated to accommodate various types of development
such as residential developments. The minimum lot area for a P -D project is one acre. The subject
site consists of three vacant parcels totaling approximately 3.378 acres of land. The proposed
development would be in compliance with the applicable development standards of the Rosemead
Zoning Code. In addition, the site is surrounded by residential uses. In addition, several conditions
of approval and mitigation measures have been incorporated making the site physically suitable
for a residential planned development.
D. That the site is physically suitable for the proposed density of development.
FINDING: Tentative Tract Map 83705 will consolidate three vacant parcels totaling
approximately 3.378 acres of land, for the creation of nine legal parcels for 37 residential units.
The project includes an amendment to the General Plan. The proposed amendment will change
the land use designation of the subject parcel from Low Density Residential to Medium Density
Residential. The Medium Density Residential land use designation allows a density of 12 units per
acre. The density proposed is within the allowed density. With the recommended conditions of
approval and mitigation measures that have been incorporated, the site is physically suitable for a
37 -unit residential planned development.
E. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat.
FINDING: There are no fish or wildlife occurring on the project site or in the vicinity of
the project site. The City has completed an Initial Study/Draft Mitigated Negative Declaration for
the proposed project pursuant to Section 15070(b) of 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 the project will not have a significant effect on the environment with
the incorporation of mitigation measures and has therefore prepared a Draft Mitigated Negative
Declaration.
In addition, the General Plan does not identify any biological resources within the City.
There are no species identified as endangered, candidate, sensitive, or special status species within
the limits of either the site or in the immediate area. Consequently, no significant impact would
occur to any sensitive species designated by the resources agencies as a result of project
implementation.
F. That the design of the subdivision or type of improvements is not likely to cause
serious public health problems.
FINDING: The project has been reviewed by the Community Development Department
and Public Works Department to determine if the proposed development will be detrimental to the
public interest, health, safety, convenience, or welfare of the City. With implementation of the
recommended conditions of approval and mitigation measures, the proposed development is not
anticipated to cause public health problems.
G. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of, property within the
proposed subdivision. In this connection, the governing body may approve a map if it finds that
alternate easements, for access or for use, will be provided, and that these will be substantially
equivalent to ones previously acquired by the public. This subsection shall apply only to easements
of record or to easements established by judgment of a court of competent jurisdiction and no
authority is hereby granted to a legislative body to determine that the public at large has acquired
easements for access through or use of property within the proposed subdivision.
FINDING: The City Engineer has reviewed this proposed subdivision relative to the
adjacent right-of-way. Vehicular access to the project site will be provided from Mission Drive
and will be privately maintained. Based on this review, it is determined that the design and
construction of the project would preserve public safety and provide adequate access and
circulation for vehicular and pedestrian traffic. In addition, the City Engineer has deemed the trip
generation and vehicle miles traveled (VMT) screening analysis and on -street parking evaluation
acceptable and has also incorporated conditions of approval to ensure that any potential traffic
related issue or on -street parking issue is mitigated.
SECTION 3. The City Council HEREBY APPROVES General Plan Amendment 22-01
and Tentative Tract Map 83705 for the construction of 37 residential units, subject to the
Conditions of Approval.
SECTION 4. 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 _ day of 2023.
Sean Dang, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel H. Richman, City Attorney Ericka Hernandez, City Clerk
Exhibit:
A. Conditions of Approval
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. 2023-04 was duly adopted by the City
Council of the City of Rosemead, California, at a regular meeting thereof held on the _ day of
, 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
EXHIBIT "A"
GENERAL PLAN AMENDMENT 22-01, ZONE CHANGE 22-01
PLANNED DEVELOPMENT REVIEW 22-01, AND TENTATIVE TRACT MAP 83705
(EXHIBIT "A" OF CITY COUNCIL RESOLUTION 2023-02, CITY COUNCIL
RESOLUTION 2023-04, AND ORDINANCE 1013)
8601 MISSION DRIVE
(APNS: 5389-009-029, 030, AND 03 1)
CONDITIONS OF APPROVAL
JANUARY 10, 2023
Standard Conditions of Approvals
General Plan Amendment 22-01, Zone Change 22-01 Planned Development Review 22-01,
and Tentative Tract Map 83705 ("Project') are approved for the construction of 37 residential
units, in accordance with the preliminary plans marked Attachment "I", dated December 5,
2022. 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 and Building Divisions and the Public Works
Department.
4. Approval of Project shall not take effect for any purpose until the applicant(s) have filed with
the City of Rosemead ("City") a notarized affidavit stating that he/she is aware of and accepts
all of the conditions of approval as set forth in the letter of approval and this list of conditions
within ten (10) days from the City Council approval date.
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.
The City Council 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 Engineering Division 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 Engineering
Division 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
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.
Proiect Soecifrc Conditions of Auaroval
20. The applicant shall enter into an agreement with the City of Rosemead to ensure that four
units are designated as affordable, including the use of the City's Down Payment Assistance
Program. The agreement shall be reviewed and approved by the City prior to the issuance of
Building Permits.
21. Development Impact Fees shall be paid prior to issuance of the final Certificate of Occupancy
for the project.
22. 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.
23. A final wall/fence 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 match or complement the residential
buildings in color, material, and design.
24. 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.
25. All parking spaces comply with the currently applicable section of the Rosemead Municipal
Code. All covered parking spaces shall be free and clear with no obstruction.
26. 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.
27. 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 be mailed ten days prior
to commencement.
28. Any exterior lighting shall be fully shielded and directed downwards as to not project over
the property lines of the subject site.
29. Prior to issuance of any building permit related to this project, the Applicant shall prepare
Covenant Conditions and Restrictions (CC&R's) or other similar recorded instrument
indicating how and who will maintain proposed common areas. The CC&R's shall be
prepared by the Applicant and approved by the City Attorney and shall include the following
statements: "This statement is intended to notify all prospective property owners of certain
limitations on construction to residential dwellings contained in this planned development
project. Any necessary modifications or additions must be reviewed on a case-by-case basis
and approved or denied by the Community Development Director or his/her designee at
his/her discretion". The CC&R's will cover all aspects of property maintenance of the
common areas, including but not limited to driveways, fencing, landscaping, lighting, parking
spaces, open space and recreational areas. All applicable City Attorney fees shall be at the
responsibility of the applicant.
30. The applicant shall include provisions in the CC&R's to provide maintenance of all building
improvements, on -grade parking and landscaping, and maintenance of the driveway, in a
manner satisfactory to the Planning Division, and in a form acceptable to the City Attorney.
31. The subdivider shall include provisions in the CC&R's to require regular trash pickup service
at least once a week for the residential trash bins. All residential trash bins shall remain within
the development. No residential trash bins shall be placed in the public right-of-way at any
time.
32. Planning Division approval of sign plans must be obtained prior to obtaining building permits
and/or installation for any signs.
Public Works Conditions of Aoaroval
General
33. Copy all conditions of approval and the Planning decision letter onto all permit plan sets.
34. The proposed project is subject to LID and NPDES requirements. Developer shall integrate
LID strategies into the site design. Grading Plans will not be approved until the LID
requirements have been met.
35. The following note shall be added to the final plans: "A record drawing shall be submitted to
the City, before the release of the permit, that delineates and incorporates all modifications
that were approved and incorporated during construction."
36. 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.
37. 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 to the satisfaction of
the City Engineer or designee. Rehabilitation includes existing and new traffic control devices
including but not limited to pavement markers, striping, and markings to the satisfaction of
the City Engineer. All striping and markings shall be a minimum of two coats of
thermoplastic paint. This work is to be performed or the in -lieu fee shall be paid prior to the
issuance of the final Certificate of Occupancy for the project.
38. 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.
39. Dedicate street R/W to match the ultimate R/W condition.
40. 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.
41. Details shown on the tentative map are not necessarily approved. Any details which are
inconsistent with requirements of ordinances, general conditions of approval, or City
Engineer's policies must be specifically approved in the final map or improvement plan
approvals.
42. A final tract map prepared by, or under the direction of a Registered Civil Engineer authorized
to practice land surveying or a Licensed Land Surveyor, must be processed through the City
Engineer's office before being filed with the County Recorder.
43. A preliminary subdivision guarantee is required showing all fee interest holders and
encumbrances. An updated title report shall be provided before the final parcel map is released
for filing with the County Recorder.
44. The final tract map shall be based on a field survey, and monuments shall be set to
permanently mark parcel map boundaries, street centerlines and lot boundaries to the
satisfaction of the City Engineer. The basis of bearing used for the field survey required for
the final map shall include two survey well monuments found or set. The City Engineer may
waive this requirement upon petition should this be impractical. Well monuments shall be set
in accordance with Standard Plan No. S08-001.
45. Final tract map shall be filed with the County Recorder and one (1) Mylar copy of the filed
map shall be submitted to the City Engineer's office. Certificate of Occupancy will not be
issued until the City has received the PDF and Mylar copy of the filed map.
46. Comply with all requirements of the Subdivision Map Act.
47. Approval for filling of this land division is contingent upon approval of plans and
specifications mentioned below.
48. The City reserves the right to impose any new plan check and/or permit fees approved by City
Council subsequent to tentative approval of this map.
49. Prior to the recordation of the final map, grading and drainage plans must be approved to
provide for contributory drainage from adjoining properties as approved by the City Engineer,
including the dedication of the necessary easements.
50. A grading and drainage plan must provide for a drainage system to the public street, to a
public drainage facility, or by means of an approved drainage easement.
51. 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.
52. 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.
53. 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.
54. If the project disturbs 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.
55. 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.
56. Submit a LID plan and comply with all NPDES requirements.
57. When applicable, a $2,000.00 fee will be required for each storm drain catch basin adjacent
to the property to retrofit pursuant Los Angeles River Trash TMDL requirements.
58. Show clearly all existing lot lines and proposed lot lines on the plans.
59. Provide a complete boundary and topographic survey.
60. Show any easement on the plans as applicable.
61. Print all Project Conditions of Approval on all plan sets.
Traffic
62. The curb lane on both sides of Mission Drive along the project frontage is not wide enough
to allow on -street parking.
63. Left turn access to the project site on Mission Drive shall be prohibited. Left turn out of the
project site on Mission Drive shall also be restricted. The applicant shall submit a Means and
Methods to achieve this result to the satisfaction of the City Engineer.
64. The project shall delineate where guest parking is expected.
65. The applicant should submit a Trip Generation Table that shows the amount of New Traffic
to be generated by this site and justification that this project is able to screen from preparing
a project level VMT analysis (preliminary test indicated that this project is eligible to be
screened as in a LOW VMT area but textual justification that proposed land use is similar to
surrounding conditions). Following City of Rosemead Transportation Study Guidelines for
Vehicle Miles Traveled and Level of Service Assessment.
Sewer
66. If applicable, approval of this land division is contingent upon providing a separate house
sewer lateral to serve each lot of the land division.
67. 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.
68. 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.
69. All existing laterals to be abandoned shall be capped at the public right of way to the
satisfaction of the City Engineer and the Building Official of the City of Rosemead.
Utilities
70. All power, telephone, cable television, and all utilities to the project and adjacent to the project
shall be installed and relocated underground.
71. Any utilities that conflict with the development shall be relocated at the developer's expense.
72. Provide a street lighting plan and parking lot lighting plan.
Water
73. Prior to the filing of the final map, there shall also be filed with the City Engineer, a statement
from the water purveyor indicating compliance with the Fire Chiefs fire flow requirements.
74. Water hydrant, water meter box and utilities box shall be located 8 feet away from parkway
trees and 3 feet away from driveway approach.
LA County Fire Department Conditions of Approval
Final Map Requirements
75. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County
of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles
Fire Code), which requires an all-weather access surface to be clear to sky.
76. The Private Driveways proposed as private streets for access throughout the development
shall be labeled as "Private Driveway" on the Final Map. The portion of the private
driveway intended for fire apparatus access shall be identified as "Fire Lane" on the Final
Map. All widths and dimensions shall be clearly delineated with a reciprocal access
agreement is required for all private driveways. Compliance required prior to Final Map
clearance.
77. The Final Map shall be submitted to our office for review and approval prior recordation.
Water
78. Install one new public fire hydrant. Location: Mission Drive, as shown on the approved
Tentative Map dated 03/02/2022.
79. Install two private on-site fire hydrants as shown on the approved Tentative Map dated
03/02/2022.
80. The required fire flow for this project is 1000 gpm for 2 hours at 20 psi.
81. All fire hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current
AWWA standard C503 or approved equal, and shall be installed in accordance with the
County of Los Angeles Fire Code.
Mitigation Measure Conditions
Biological Resources
82. Migratory Bird Treaty Act - Prior to commencement of grading activities, the City
Building Department, shall verify that in the event that vegetation and tree removal activities
occur within the active breeding season for birds (February 1—September 15), the Project
applicant (or their Construction Contractor) shall retain a qualified biologist (meaning a
professional biologist that is familiar with local birds and their nesting behaviors) to conduct
a nesting bird survey no more than 3 days prior to commencement of construction
activities. The nesting survey shall include the Project site and areas immediately adjacent
to the site that could potentially be affected by Project -related construction activities, such
as noise, human activity, and dust, etc. If active nesting of birds is observed within 100 feet
of the designated construction area prior to construction, the qualified biologist shall
establish an appropriate buffer around the active nests (e.g., as much as 500 feet for raptors
and 300 feet for non -raptors [subject to the recommendations of the qualified biologist]),
and the buffer areas shall be avoided until the nests are no longer occupied and the juvenile
birds can survive independently from the nests.
Cultural Resourcesfrribal
83. Archaeological Monitoring - The Applicant shall retain a qualified archaeologist to
perform archaeological monitoring and the archaeologist shall be present during initial
ground. disturbing activities (e.g., site preparation and grading) to identify and assess any
known or.suspected archaeological and/or cultural resource. The qualified archaeologist
shall develop a Cultural Resources Management Plan to address the details, timing, and
responsibility of all archaeological and cultural resource activities that occur on the Project
site. The plan shall include a scope of work, project grading and development scheduling,
pre -construction meeting (with consultants, contractors, and monitors), a monitoring
schedule during all initial ground -disturbance related activities, safety requirements, and
protocols to follow in the event of previously unknown cultural resources discoveries that
could be subject to a cultural resources evaluation. The plan shall be submitted to the City
and the Consulting Tribe(s) for review and comment, prior to final approval by the City.
84. Native American Monitoring - 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.
Upon discovery of any Tribal Cultural Resources, construction activities shall cease in the
immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be
assessed. All Tribal Cultural Resources unearthed by Project activities shall be evaluated by
the qualified archaeologist and Tribal monitor approved by the Consulting Tribe. If the
resources are Native American in origin, the Consulting Tribe shall retain it/them in the form
and/or manner the Tribe deems appropriate, for educational, cultural and/or historic
purposes. If human remains and/or grave goods are discovered or recognized at the Project
site, all ground disturbance shall immediately cease, and the county coroner shall be notified
per Public Resources Code Section 5097.98, and Health & Safety Code Section 7050.5.
Human remains and grave/burial goods shall be treated alike per California Public Resources
Code section 5097.98(d)(1) and (2). Work may continue on other parts of the Project site
while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section
15064.5 [1]). If a non -Native American resource is determined by the qualified archaeologist
to constitute a "historical resource" or "unique archaeological resource," time allotment and
funding sufficient to allow for implementation of avoidance measures, or appropriate
mitigation, must be available. The treatment plan established for the resources shall be in
accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC
Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e.,
avoidance) is the preferred manner of treatment. If preservation in place is not feasible,
treatment may include implementation of archaeological data recovery excavations to
remove the resource along with subsequent laboratory processing and analysis. Any historic
archaeological material that is not Native American in origin shall be curated at a public,
non-profit institution with a research interest in the materials, such as the Natural History
Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to
accept the material. If no institution accepts the archaeological material, it shall be offered
to a local school or historical society in the area for educational purposes.
85. Human Remains - Should human remains be discovered during Project construction, the
Project would be required to comply with State Health and Safety Code Section 7050.5,
which states that no further disturbance may occur in the vicinity of the body until the County
Coroner has made a determination of origin and disposition pursuant to Public Resources
Code Section 5097.98. The County Coroner must be notified of the find immediately. If the
remains are determined to be prehistoric, the Coroner will notify the Native American
Heritage Commission, which will determine the identity of and notify a Most Likely
Descendant (MLD). With the permission of the landowner or his/her authorized
representative, the MLD may inspect the site of the discovery. The MLD must complete the
inspection within 48 hours of notification by the NAHC.
Paleontological
86. Incidental Discoveries - Prior to issuance of a grading permit, the City of Rosemead Planning
Department shall verify that all Project grading and construction plans and specifications state
that in the event that potential paleontological resources are discovered during excavation,
grading, or construction activities, work shall cease within 50 feet of the find until a qualified
paleontologist (i.e., a practicing paleontologist that is recognized in the paleontological
community and is proficient in vertebrate paleontology) from the City or County List of
Qualified Paleontologists has evaluated the find and established a protocol for addressing the
find, in accordance with federal and state regulations. Construction personnel shall not collect
or move any paleontological materials and associated materials. If any fossil remains are
discovered, the paleontologist shall make a recommendation if monitoring shall be required
for the continuance of earth moving activities, and shall provide such monitoring if required.
Noise
87. Construction Vibration - Project plans and specifications shall include the requirement that
that operation of any heavy equipment shall be prohibited within 15 feet of existing residences
to the north and east. If heavy equipment is necessary within 15 feet of existing structures, the
following measures shall be implemented:
a. Identify structures that could be affected by ground -borne vibration and would be
. located within 15 feet of where heavy construction equipment would be used. This
task shall be conducted by a qualified structural engineer as approved by the City's
Director of Community Development or designee.
b. Develop a vibration monitoring and construction contingency plan for approval by
the City's Director of Community Development, or designee, to identify structures
where monitoring would be conducted; set up a vibration monitoring schedule;
define structure -specific vibration limits; and address the need to conduct photo,
elevation, and crack surveys to document before and after construction conditions.
Construction contingencies such as alternative methods or equipment that would
generate lower vibration levels would be identified for when vibration levels
approached the limits.
c. At a minimum, monitor vibration during initial demolition activities. Monitoring
results may indicate the need for more intensive measurements if vibration levels
approach the 0.2 PPV (in/sec) threshold.
d. When vibration levels approach the 0.2 PPV (in/sec) limit, suspend construction
and implement contingencies identified in the approved vibration monitoring and
construction contingency plan to either lower vibration levels or secure the affected
structures.
Aesthetics
88. Light and Glare - Pursuant to Municipal Code Chapter 17.88, exterior lighting shall be of low
intensity and shielded so that light will not spill out onto surrounding properties or Project
above the horizontal plane.
Air Quality
89. Rule 402 - The construction plans and specifications shall state that the Project is required to
comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule
402. The Project shall not discharge from any source whatsoever such quantities of air
contaminants or other material which cause injury, detriment, nuisance, or annoyance to any
considerable number of persons or to the public, or which endanger the comfort, repose, health
or safety of any such persons or the public, or which cause, or have a natural tendency to cause,
injury or damage to business or property.
90. Rule 403 - The construction plans and specifications shall state that the Project is required to
comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule
403, which includes the following:
a. All clearing, grading, earth -moving, or excavation activities shall cease when winds
exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.
b. The contractor shall ensure that all disturbed unpaved roads and disturbed areas
within the Project are watered, with complete coverage of disturbed areas, at least
3 times daily during dry weather; preferably in the mid-morning, afternoon, and
, after work is done for the day.
c. The contractor shall ensure that traffic speeds on unpaved roads and Project site
areas are reduced to 15 miles per hour or less.
91. Rule 1113 - The construction plans and specifications shall state that the Project is required
to comply with the provisions of South Coast Air Quality Management District Rule
(SCAQMD) Rule 1113. Only "Low -Volatile Organic Compounds" paints (no more than 50
gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.
Energy
92. California Energy Code Compliance - The Project is required to comply with the 2019
California Energy Code as included in the City's Municipal Code (Chapter 12.24) to ensure
efficient use of energy. California Energy Code specifications are required to be incorporated
into building plans as a condition of building permit approval.
Geology
93. California Building Code - The Project is required to comply with the California Building
Code as included in the City's Municipal Code Chapter 15.04 to preclude significant adverse
effects associated with seismic hazards. California Building Code related and geologist and/or
civil engineer specifications for the Project are required to be incorporated into grading plans
and specifications as a condition of Project approval.
94. SWPPP - Prior to grading permit issuance, the Project developer shall have a Stormwater
Pollution Prevention Plan (SWPPP) prepared by a QSD (Qualified SWPPP Developer) in
accordance with the City's Municipal Code Chapter 13.16 Stormwater Management and
Discharge Control and the Los Angeles County RWQCB NPDES Storm Water Permit Order
No. R4-2012- 0175. The SWPPP shall incorporate all necessary Best Management Practices
(BMPs) and other NPDES regulations to limit the potential of erosion and polluted runoff
during construction activities. Project contractors shall be required to ensure compliance with
the SWPPP and permit periodic inspection of the construction site by City of Rosemead staff
or its designee to confirm compliance.
Water Quality
95. Stormwater Pollution Prevention Plan - Prior to grading permit issuance, the Project
developer shall have a Stormwater Pollution Prevention Plan (SWPPP) prepared by a
Qualified SWPPP Developer (QSD) in accordance with the City's Municipal Code Chapter
13.16 and the Los Angeles Regional Water Quality Control Board National Pollution
Discharge Elimination System (NPDES) Storm Water Permit Order No. R4-2012-0175 (MS4
Permit). The SWPPP shall incorporate all necessary Best Management Practices (BMPs) and
other NPDES regulations to limit the potential of erosion and polluted runoff during
construction activities. Project contractors shall be required to ensure compliance with the
SWPPP and permit periodic inspection of the construction site by the City of Rosemead staff
to confirm compliance.
96. Water Quality Management Plan - Prior to grading permit issuance, the Project applicant
shall have a Water Quality Management Plan (WQMP) approved by the City for
implementation. The Project shall comply with the City's Municipal Chapter 13.16 and the
Municipal Separate Storm Sewer System (MS4) permit requirements in effect for the
Regional Water Quality Control Board (RWQCB) at the time of grading permit to control
discharges of sediments and other pollutants during operations of the Project.
Noise
97. Construction Hours - Per Municipal Code Chapter 8.36, construction and demolition
activities may only occur between the hours of 7:00 a.m. and 8:00 p.m. on weekdays,
including Saturday. Construction activities should not take place at any time on Sunday or a
federal holiday. No person shall operate or allow the operation of any tools or equipment used
in construction, drilling, repair, or alteration or demolition work outside of these hours to
prevent noise disturbances.
98. Best Construction Practices - In addition to compliance with the City's Municipal Code
allowed hours of construction of 7:00 a.m. to 8:00 p.m., Monday through Saturday, excluding
Sunday and holidays, the following recommendations would reduce construction noise to the
extent feasible:
a. The Project construction contractor should equip all construction equipment, fixed
or mobile, with properly operating and maintained noise mufflers, consistent with
manufacturer's standards.
b. The Project construction contractor should locate staging areas away from off-site
sensitive uses during the later phases of Project development.
c. The Project construction contractor should place all stationary construction
equipment so that emitted noise is directed away from sensitive receptors nearest
the Project site whenever feasible.
Public Services
99. School Fees - Prior to the issuance of a building permit, the applicant shall provide payment
of the appropriate fees set forth by the applicable school districts related to the funding of
school facilities pursuant to Government Code Section 65995 et seq.
Utilities
100. Solid Waste - As required by Municipal Code Chapter 8.32, Section 8.32.010 of the 2016
California Green Building Standards Code, and AB 341 the Project shall implement a Waste
Management Plan to ensure that the construction and operational diversion requirements
would be met.
Attachment C
Ordinance No. 1013
ORDINANCE NO. 1013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
FOR THE APPROVAL OF PLANNED DEVELOPMENT 22-01 AND ZONE
CHANGE 22-01, AMENDING THE ZONING MAP OF THE SUBJECT
SITE FROM SINGLE FAMILY RESIDENTIAL (R-1) TO PLANNED
DEVELOPMENT (P -D) ZONE. THE SUBJECT SITE IS LOCATED AT
8601 MISSION DRIVE (APNS: 5389-009-029,030, and 031).
WHEREAS, on February 17, 2022, Mission Villas, LLC submitted entitlement
applications for the construction of 37 residential units; and
WHEREAS, 8601 Mission Drive is located in the R-1 zone; and
WHEREAS, Rosemead Municipal Code Section 17.24.040 and 17.152.060 provides the
criteria for a planned development; and
WHEREAS, Rosemead Municipal Code Section 17.152.060 provides the purpose and
criteria for a zone change; and
WHEREAS, Sections 65800 & 65900 of the California Government and Rosemead
Municipal Code Sections 17.24.040 and 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 general plan amendment and planned
development; and
WHEREAS, in September 2022, 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 a Mitigated Negative Declaration.
WHEREAS, on December 19, 2022, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Zone Change 22-01 and
Planned Development 22-01; and
WHEREAS, on December 29, 2022, eighty-two (82) notices were sent to property owners
within a 300 -feet radius from the subject property and to person(s) who have filed a written request
with the City's Clerk Office. In addition, the notice was posted at 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 Planned
Development 22-01 and Zone Change 22-01, pursuant to California Government Code Section
65091(a)(3); and
WHEREAS, the City Council held a duly noticed public hearing on January 10, 2023, to
consider the approval of Zone Change 22-01 and Planned Development 22-01; and
WHEREAS, the City Council fully studied the proposed Zone Change 22-01 and Planned
Development 22-01 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 Planned Development Review 22-01 in accordance with Rosemead
Municipal Code Section 17.24.040 and 17.152.060(B) as follows:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan.
FINDING: According to the General Plan and Zoning Ordinance Consistency Table in
the General Plan, the P -D zone is a corresponding zoning district to the Medium Density
Residential land use designation. For this reason, the proposed amendment is consistent with the
General Plan. In addition, the subject site is not located in a specific plan area.
B. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
FINDING: The P -D district is intended to provide for developments that are
characterized by innovative use and design concepts. This zone provides for a new development
to offer amenities, quality, design excellence and other similar benefits to the community and
not be inhibited by strict numerical development standards. The subject site is located in a
residential neighborhood and will continue as a residential use, therefore, the development of 37
residential units will not be detrimental to the public interest, health safety, convenience, or
welfare of the City.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for the
proposed project pursuant to Section 15070(b) of 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 the project will not have a significant effect on the environment with
the incorporation of mitigation measures and has therefore prepared a Draft Mitigated Negative
Declaration.
C. The proposed amendment is internally consistent with other applicable provisions of
this Zoning Code.
FINDING: The P -D zone is intended to provide for developments that are characterized
by innovative use and design concepts. The minimum area for a P -D project is one acre. The
subject site consists of three vacant parcels totaling approximately 3.378 acres of land. In addition,
the proposed development would be in compliance with the applicable development standards of
the Rosemead Zoning Code.
D. The affected site is physically suitable in terms of design, location, operating
characteristics, shape, size, topography, and the provision of public and emergency vehicle
access, and public services and utilities and is served by highways and streets adequate in width
and improvement to carry the kind and quantity of traffic the proposed use would likely generate,
to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise
constitute a hazard to the property or improvements in the vicinity in which the property is
located.
FINDING: The P -D zone is designated to accommodate various types of development
such as residential developments. The minimum lot area for a P -D project is one acre. The subject
site consists of three vacant parcels totaling approximately 3.378 acres of land. The proposed
development would be in compliance with the applicable development standards of the Rosemead
Zoning Code.
A trip generation and vehicle miles traveled (VMT) screening analysis was prepared for
the project by Environmental Planning Development (EDP) Solutions, Inc. The technical
memorandum evaluated the trip generation and need to prepare a level of service (LOS) or vehicle
miles traveled (VMT) analysis for the proposed project based on the City of Rosemead's
Transportation Study Guidelines for VMT and LOS Assessment. If a project meets one of the
following three criteria listed in the Rosemead's Transportation Study Guidelines for VMT and
LOS Assessment, then the VMT impact of the project would be considered less than significant
and no further analysis would be required. The proposed project was able to satisfy Screening
Criteria 2 — Low VMT Area. The City Engineer has reviewed the VMT analysis and on -street
parking evaluation and found it acceptable and the VMT analysis has been included into in the
Mitigated Negative Declaration.
SECTION 2. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do
exist to justify approving Zone Change 22-01 in accordance with Rosemead Municipal Code
Section 17.152.060(B) as follows:
A. The amendment is internally consistent with all other provisions of the General
19"11
FINDING: The proposed zone change will amend the Zoning Map of the subject site from
the R-1 to P -D zone. In addition, the proposed amendment will change the land use designation of
the subject parcel from Low Density Residential to Medium Density Residential. According to
the General Plan and Zoning Ordinance Consistency Table in the General Plan, the P -D zone is a
corresponding zoning district to the Medium Density Residential land use designation. For this
reason, the proposed amendment is consistent with the General Plan. In addition, the subject site
is not located in a specific plan area.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
FINDING: The existing zone of the subject site is R-1. The subject site consists of three
vacant parcels totaling approximately 3.378 acres of land. The proposed amendment would change
the zone from R-1 to P -D for the construction of 37 residential units. The subject site is located in
residential neighborhood and will continue as a residential use, therefore, will not be detrimental
to the public interest, health, safety, convenience, or welfare of the City.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for the
proposed project pursuant to Section 15070(b) of 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 the project will not have a significant effect on the environment with
the incorporaiion of mitigation measures and has therefore prepared a Draft Mitigated Negative
Declaration.
C. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
FINDING: The proposed amendment would change the zone from R-1 to P -D for the
construction of 37 residential units. The P -D zone is intended to provide for developments that are
characterized by innovative use and design concepts. The minimum area for a P -D project is one
acre. The subject site consists of three vacant parcels totaling approximately 3.378 acres of land.
In addition, the proposed development would be in compliance with the applicable development
standards of the Rosemead Zoning Code.
D. The affected site is physically suitable in terms of design, location, operating
characteristics, shape, size, topography, and the provision of public and emergency vehicle access,
and public services and utilities and is served by highways and streets adequate in width and
improvement to carry the kind and quantity of traffic the proposed use would likely generate, to
ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise
constitute a hazard to the property or improvements in the vicinity in which the property is located.
FINDING: The subject site is located in a residential neighborhood and will continue as
a residential use, therefore, the zone change to a P -D zone is physically suitable for a 3.378 acre
site. The subject site is currently surrounding by a majority of residential uses. The proposed
residential units would not endanger, jeopardize, or otherwise constitute a hazard to the property
or improvements in the vicinity in which the property is located.
In addition, a trip generation and vehicle miles traveled (VMT) screening analysis was
prepared for the project by Environmental Planning Development (EDP) Solutions, Inc. The
technical memorandum evaluated the trip generation and need to prepare a level of service (LOS)
or vehicle miles traveled (VMT) analysis for the proposed project based on the City of Rosemead's
Transportation Study Guidelines for VMT and LOS Assessment. If a project meets one of the
following three criteria listed in the Rosemead's Transportation Study Guidelines for VMT and
LOS Assessment, then the VMT impact of the project would be considered less than significant
and no further analysis would be required. The proposed project was able to satisfy Screening
Criteria 2 — Low VMT Area. The City Engineer has reviewed the VMT analysis and on -street
parking evaluation and found it acceptable and the VMT analysis has been included into in the
Mitigated Negative Declaration.
SECTION 3. The City Council HEREBY AMENDS the City's Zoning Map to change
the zone of 8601 Mission Drive from R-1 to P -D.
SECTION 4. Severability. The City Council hereby declares that, should any provision,
section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part
thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of
competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not
affect the validity of the remaining section or portions of the Ordinance or part thereof. The City
Council hereby declares that it would have independently adopted the remaining provisions,
sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance
irrespective of the fact that any one or more provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words may be declared invalid or unconstitutional.
SECTION 5. 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 6. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
PASSED, APPROVED, AND ADOPTED this day of , 2022.
Sean Dang, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel H. Richman, City Attorney
Ericka Hernandez, City Clerk
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. 1013 was first
introduced at the regular meeting of , 2023 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 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
EXHIBIT "A"
GENERAL PLAN AMENDMENT 22-01, ZONE CHANGE 22-01
PLANNED DEVELOPMENT REVIEW 22-01, AND TENTATIVE TRACT MAP 83705
(EXHIBIT "A" OF CITY COUNCIL RESOLUTION 2023-02, CITY COUNCIL
RESOLUTION 2023-04, AND ORDINANCE 1013)
8601 MISSION DRIVE
(APNS: 5389-009-029,030, AND 031)
CONDITIONS OF APPROVAL
JANUARY 10, 2023
Standard Conditions of Approvals
General Plan Amendment 22-01, Zone Change 22-01 Planned Development Review 22-01,
and Tentative Tract Map 83705 ("Project") are approved for the construction of 37 residential
units, in accordance with the preliminary plans marked Attachment "I", dated December 5,
2022. 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 and Building Divisions and the Public Works
Department.
4. Approval of Project shall not take effect for any purpose until the applicant(s) have filed with
the City of Rosemead ("City") a notarized affidavit stating that he/she is aware of and accepts
all of the conditions of approval as set forth in the letter of approval and this list of conditions
within ten (10) days from the City Council approval date.
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.
The City Council 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 Engineering Division 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 Engineering
Division 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, fare valves, A/C condensers, furnaces, and other equipment) shall be located away
from public view or adequately screened by landscaping or screening walls so as not to be
seen from the public right-of-way.
17. All new roof -top appurtenances and equipment shall be adequately screened from view to the
satisfaction of the Planning Division. Such equipment shall not exceed the height of the
parapet wall. There shall be no mechanical equipment located on the sides of the building.
18. The parking area, including handicapped spaces, shall be paved and re -painted periodically to
City standards to the satisfaction of the Planning Division. In accordance with the Rosemead
Municipal Code, all designated parking stalls shall be double striped. Such striping shall be
maintained in a clear, visible, and orderly manner to the satisfaction of the Planning Division.
19. Violations of the conditions of approval may result in citation and/or initiation of revocation
proceedings.
Proiect Specific Conditions of Approval
20. The applicant shall enter into an agreement with the City of Rosemead to ensure that four
units are designated as affordable, including the use of the City's Down Payment Assistance
Program. The agreement shall be reviewed and approved by the City prior to the issuance of
Building Permits.
21. Development Impact Fees shall be paid prior to issuance of the final Certificate of Occupancy
for the project.
22. 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.
23. A final wall/fence 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 match or complement the residential
buildings in color, material, and design.
24. 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.
25. All parking spaces comply with the currently applicable section of the Rosemead Municipal
Code. All covered parking spaces shall be free and clear with no obstruction.
26. 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.
27. 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 be mailed ten days prior
to commencement.
28. Any exterior lighting shall be fully shielded and directed downwards as to not project over
the property lines of the subject site.
29. Prior to issuance of any building permit related to this project, the Applicant shall prepare
Covenant Conditions and Restrictions (CC&R's) or other similar recorded instrument
indicating how and who will maintain proposed common areas. The CC&R's shall be
prepared by the Applicant and approved by the City Attorney and shall include the following
statements: "This statement is intended to notify all prospective property owners of certain
limitations on construction to residential dwellings contained in this planned development
project. Any necessary modifications or additions must be reviewed on a case-by-case basis
and approved or denied by the Community Development Director or his/her designee at
his/her discretion". The CC&R's will cover all aspects of property maintenance of the
common areas, including but not limited to driveways, fencing, landscaping, lighting, parking
spaces, open space and recreational areas. All applicable City Attorney fees shall be at the
responsibility of the applicant.
30. The applicant shall include provisions in the CC&R's to provide maintenance of all building
improvements, on -grade parking and landscaping, and maintenance of the driveway, in a
manner satisfactory to the Planning Division, and in a form acceptable to the City Attorney.
31. The subdivider shall include provisions in the CC&R's to require regular trash pickup service
at least once a week for the residential trash bins. All residential trash bins shall remain within
the development. No residential trash bins shall be placed in the public right-of-way at any
time.
32. Planning Division approval of sign plans must be obtained prior to obtaining building permits
and/or installation for any signs.
Public Works Conditions of Approval
General
33. Copy all conditions of approval and the Planning decision letter onto all permit plan sets.
34. The proposed project is subject to LID and NPDES requirements. Developer shall integrate
LID strategies into the site design. Grading Plans will not be approved until the LID
requirements have been met.
35. The following note shall be added to the final plans: "A record drawing shall be submitted to
the City, before the release of the permit, that delineates and incorporates all modifications
that were approved and incorporated during construction."
36. 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.
37. 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 to the satisfaction of
the City Engineer or designee. Rehabilitation includes existing and new traffic control devices
including but not limited to pavement markers, striping, and markings to the satisfaction of
the City Engineer. All striping and markings shall be a minimum of two coats of
thermoplastic paint. This work is to be performed or the in -lieu fee shall be paid prior to the
issuance of the final Certificate of Occupancy for the project.
38. 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.
39. Dedicate street R/W to match the ultimate R/W condition.
40. 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.
41. Details shown on the tentative map are not necessarily approved. Any details which are
inconsistent with requirements of ordinances, general conditions of approval, or City
Engineer's policies must be specifically approved in the final map or improvement plan
approvals.
42. A final tract map prepared by, or under the direction of a Registered Civil Engineer authorized
to practice land surveying or a Licensed Land Surveyor, must be processed through the City
Engineer's office before being filed with the County Recorder.
43. A preliminary subdivision guarantee is required showing all fee interest holders and
encumbrances. An updated title report shall be provided before the final parcel map is released
for filing with the County Recorder.
44. The final tract map shall be based on a field survey, and monuments shall be set to
permanently mark parcel map boundaries, street centerlines and lot boundaries to the
satisfaction of the City Engineer. The basis of bearing used for the field survey required for
the final map shall include two survey well monuments found or set. The City Engineer may
waive this requirement upon petition should this be impractical. Well monuments shall be set
in accordance with Standard Plan No. 508-001.
45. Final tract map shall be filed with the County Recorder and one (1) Mylar copy of the filed
map shall be submitted to the City Engineer's office. Certificate of Occupancy will not be
issued uniil the City has received the PDF and Mylar copy of the filed map.
46. Comply with all requirements of the Subdivision Map Act.
47. Approval for filling of this land division is contingent upon approval of plans and
specifications mentioned below.
48. The City reserves the right to impose any new plan check and/or permit fees approved by City
Council subsequent to tentative approval of this map.
49. Prior to the recordation of the final map, grading and drainage plans must be approved to
provide for contributory drainage from adjoining properties as approved by the City Engineer,
including the dedication of the necessary easements.
50. A grading and drainage plan must provide for a drainage system to the public street, to a
public drainage facility, or by means of an approved drainage easement.
51. 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.
52. 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.
53. 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.
54. If the project disturbs 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.
55. 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.
56. Submit a LID plan and comply with all NPDES requirements.
57. When applicable, a $2,000.00 fee will be required for each storm drain catch basin adjacent
to the property to retrofit pursuant Los Angeles River Trash TMDL requirements.
58. Show clearly all existing lot lines and proposed lot lines on the plans.
59. Provide a complete boundary and topographic survey.
60. Show any easement on the plans as applicable.
61. Print all Project Conditions of Approval on all plan sets.
Traffic
62. The curb lane on both sides of Mission Drive along the project frontage is not wide enough
to allow on -street parking.
63. Left turn access to the project site on Mission Drive shall be prohibited. Left tum out of the
project site on Mission Drive shall also be restricted. The applicant shall submit a Means and
Methods to achieve this result to the satisfaction of the City Engineer.
64. The project shall delineate where guest parking is expected.
65. The applicant should submit a Trip Generation Table that shows the amount of New Traffic
to be generated by this site and justification that this project is able to screen from preparing
a project level VMT analysis (preliminary test indicated that this project is eligible to be
screened as in a LOW VMT area but textual justification that proposed land use is similar to
surrounding conditions). Following City of Rosemead Transportation Study Guidelines for
Vehicle Miles Traveled and Level of Service Assessment.
Sewer
66. If applicable, approval of this land division is contingent upon providing a separate house
sewer lateral to serve each lot of the land division.
67. 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.
68. 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.
69. All existing laterals to be abandoned shall be capped at the public right of way to the
satisfaction of the City Engineer and the Building Official of the City of Rosemead.
Utilities
70. All power, telephone, cable television, and all utilities to the project and adjacent to the project
shall be installed and relocated underground.
71. Any utilities that conflict with the development shall be relocated at the developer's expense.
72. Provide a street lighting plan and parking lot lighting plan.
Water
73. 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.
74. Water hydrant, water meter box and utilities box shall be located 8 feet away from parkway
trees and 3 feet away from driveway approach.
LA County Fire Department Conditions of Approval
Final Map Requirements
75. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County
of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles
Fire Code), which requires an all-weather access surface to be clear to sky.
76. The Private Driveways proposed as private streets for access throughout the development
shall be labeled as "Private Driveway" on the Final Map. The portion of the private
driveway intended for fire apparatus access shall be identified as "Fire Lane" on the Final
Map. All widths and dimensions shall be clearly delineated with a reciprocal access
agreement is required for all private driveways. Compliance required prior to Final Map
clearance.
77. The Final Map shall be submitted to our office for review and approval prior recordation.
Water
78. Install one new public fire hydrant. Location: Mission Drive, as shown on the approved
Tentative Map dated 03/02/2022.
79. Install two private on-site fire hydrants as shown on the approved Tentative Map dated
03/02/2022.
80. The required fire flow for this project is 1000 gpm for 2 hours at 20 psi.
81. All fire hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current
AWWA standard C503 or approved equal, and shall be installed in accordance with the
County of Los Angeles Fire Code.
MitiHation Measure Conditions
Biological Resources
82. Migratory Bird Treaty Act - Prior to commencement of grading activities, the City
Building Department, shall verify that in the event that vegetation and tree removal activities
occur within the active breeding season for birds (February 1—September 15), the Project
applicant (or their Construction Contractor) shall retain a qualified biologist (meaning a
professional biologist that is familiar with local birds and their nesting behaviors) to conduct
a nesting bird survey no more than 3 days prior to commencement of construction
activities. The nesting survey shall include the Project site and areas immediately adjacent
to the site that could potentially be affected by Project -related construction activities, such
as noise, human activity, and dust, etc. If active nesting of birds is observed within 100 feet
of the designated construction area prior to construction, the qualified biologist shall
establish an appropriate buffer around the active nests (e.g., as much as 500 feet for raptors
and 300 feet for non -raptors [subject to the recommendations of the qualified biologist]),
and the buffer areas shall be avoided until the nests are no longer occupied and the juvenile
birds can survive independently from the nests.
Cultural Resources/Tribal
83. Archaeological Monitoring - The Applicant shall retain a qualified archaeologist to
perform archaeological monitoring and the archaeologist shall be present during initial
ground -disturbing activities (e.g., site preparation and grading) to identify and assess any
known or suspected archaeological and/or cultural resource. The qualified archaeologist
shall develop a Cultural Resources Management Plan to address the details, timing, and
responsibility of all archaeological and cultural resource activities that occur on the Project
site. The plan shall include a scope of work, project grading and development scheduling,
pre -construction meeting (with consultants, contractors, and monitors), a monitoring
schedule during all initial ground -disturbance related activities, safety requirements, and
protocols to follow in the event of previously unknown cultural resources discoveries that
could be subject to a cultural resources evaluation. The plan shall be submitted to the City
and the Consulting Tribe(s) for review and comment, prior to final approval by the City.
84. Native American Monitoring - 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 Gabrieleiio 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.
Upon discovery of any Tribal Cultural Resources, construction activities shall cease in the
immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be
assessed. All Tribal Cultural Resources unearthed by Project activities shall be evaluated by
the qualified archaeologist and Tribal monitor approved by the Consulting Tribe. If the
resources are Native American in origin, the Consulting Tribe shall retain it/them in the form
and/or manner the Tribe deems appropriate, for educational, cultural and/or historic
purposes. If human remains and/or grave goods are discovered or recognized at the Project
site, all ground disturbance shall immediately cease, and the county coroner shall be notified
per Public Resources Code Section 5097.98, and Health & Safety Code Section 7050.5.
Human remains and grave/burial goods shall be treated alike per California Public Resources
Code section 5097.98(d)(1) and (2). Work may continue on other parts of the Project site
while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section
15064.5[fj). If a non -Native American resource is determined by the qualified archaeologist
to constitute a "historical resource" or "unique archaeological resource," time allotment and
funding sufficient to allow for implementation of avoidance measures, or appropriate
mitigation, must be available. The treatment plan established for the resources shall be in
accordance with CEQA Guidelines Section 15064.5(1) for historical resources and PRC
Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e.,
avoidance) is the preferred manner of treatment. If preservation in place is not feasible,
treatment may include implementation of archaeological data recovery excavations to
remove the resource along with subsequent laboratory processing and analysis. Any historic
archaeological material that is not Native American in origin shall be curated at a public,
non-profit institution with a research interest in the materials, such as the Natural History
Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to
accept the material. If no institution accepts the archaeological material, it shall be offered
to a local school or historical society in the area for educational purposes.
85. Human Remains - Should human remains be discovered during Project construction, the
Project would be required to comply with State Health and Safety Code Section 7050.5,
which states that no further disturbance may occur in the vicinity of the body until the County
Coroner has made a determination of origin and disposition pursuant to Public Resources
Code Section 5097.98. The County Coroner must be notified of the find immediately. If the
remains are determined to be prehistoric, the Coroner will notify the Native American
Heritage Commission, which will determine the identity of and notify a Most Likely
Descendant (MLD). With the permission of the landowner or his/her authorized
representative, the MLD may inspect the site of the discovery. The MLD must complete the
inspection within 48 hours of notification by the NAHC.
Paleontological
86. Incidental Discoveries - Prior to issuance of a grading permit, the City of Rosemead Planning
Department shall verify that all Project grading and construction plans and specifications state
that in the event that potential paleontological resources are discovered during excavation,
grading, or construction activities, work shall cease within 50 feet of the find until a qualified
paleontologist (i.e., a practicing paleontologist that is recognized in the paleontological
community and is proficient in vertebrate paleontology) from the City or County List of
Qualified Paleontologists has evaluated the find and established a protocol for addressing the
find, in accordance with federal and state regulations. Construction personnel shall not collect
or move any paleontological materials and associated materials. If any fossil remains are
discovered, the paleontologist shall make a recommendation if monitoring shall be required
for the continuance of earth moving activities, and shall provide such monitoring if required.
Noise
87. Construction Vibration - Project plans and specifications shall include the requirement that
that operation of any heavy equipment shall be prohibited within 15 feet of existing residences
to the north and east. If heavy equipment is necessary within 15 feet of existing structures, the
following measures shall be implemented:
a. Identify structures that could be affected by ground -borne vibration and would be
located within 15 feet of where heavy construction equipment would be used. This
task shall be conducted by a qualified structural engineer as approved by the City's
Director of Community Development or designee.
b. Develop a vibration monitoring and construction contingency plan for approval by
the City's Director of Community Development, or designee, to identify structures
where monitoring would be conducted; set up a vibration monitoring schedule;
define structure -specific vibration limits; and address the need to conduct photo,
elevation, and crack surveys to document before and after construction conditions.
Construction contingencies such as alternative methods or equipment that would
generate lower vibration levels would be identified for when vibration levels
approached the limits.
c. At a minimum, monitor vibration during initial demolition activities. Monitoring
results may indicate the need for more intensive measurements if vibration levels
approach the 0.2 PPV (in/see) threshold.
I When vibration levels approach the 0.2 PPV (in/sec) limit, suspend construction
and implement contingencies identified in the approved vibration monitoring and
construction contingency plan to either lower vibration levels or secure the affected
structures.
Aesthetics
88. Light and Glare - Pursuant to Municipal Code Chapter 17.88, exterior lighting shall be of low
intensity and shielded so that light will not spill out onto surrounding properties or Project
above the horizontal plane.
Air Quality
89. Rule 402 - The construction plans and specifications shall state that the Project is required to
comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule
402. The Project shall not discharge from any source whatsoever such quantities of air
contaminants or other material which cause injury, detriment, nuisance, or annoyance to any
considerable number of persons or to the public, or which endanger the comfort, repose, health
or safety of any such persons or the public, or which cause, or have a natural tendency to cause,
injury or damage to business or property.
90. Rule 403 - The construction plans and specifications shall state that the Project is required to
comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule
403, which includes the following:
a. All clearing, grading, earth -moving, or excavation activities shall cease when winds
exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.
b. The contractor shall ensure that all disturbed unpaved roads and disturbed areas
'within the Project are watered, with complete coverage of disturbed areas, at least
3 times daily during dry weather; preferably in the mid-morning, afternoon, and
after work is done for the day.
c. The contractor shall ensure that traffic speeds on unpaved roads and Project site
areas are reduced to 15 miles per hour or less.
91. Rule 1113 - The construction plans and specifications shall state that the Project is required
to comply with the provisions of South Coast Air Quality Management District Rule
(SCAQMD) Rule 1113. Only "Low -Volatile Organic Compounds" paints (no more than 50
gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.
Energy
92. California Energy Code Compliance - The Project is required to comply with the 2019
California Energy Code as included in the City's Municipal Code (Chapter 12.24) to ensure
efficient use of energy. California Energy Code specifications are required to be incorporated
into building plans as a condition of building permit approval.
Geology
93. California Building Code - The Project is required to comply with the California Building
Code as included in the City's Municipal Code Chapter 15.04 to preclude significant adverse
effects associated with seismic hazards. California Building Code related and geologist and/or
civil engineer specifications for the Project are required to be incorporated into grading plans
and specifications as a condition of Project approval.
94. SWPPP - Prior to grading permit issuance, the Project developer shall have a Stormwater
Pollution Prevention Plan (SWPPP) prepared by a QSD (Qualified SWPPP Developer) in
accordance with the City's Municipal Code Chapter 13.16 Stormwater Management and
Discharge Control and the Los Angeles County RWQCB NPDES Storm Water Permit Order
No. R4-2012- 0175. The SWPPP shall incorporate all necessary Best Management Practices
(BMPs) and other NPDES regulations to limit the potential of erosion and polluted runoff
during construction activities. Project contractors shall be required to ensure compliance with
the SWPPP and permit periodic inspection of the construction site by City of Rosemead staff
or its designee to confirm compliance.
Water Quality
95. Stormwater Pollution Prevention Plan - Prior to grading permit issuance, the Project
developer shall have a Stormwater Pollution Prevention Plan (SWPPP) prepared by a
Qualified SWPPP Developer (QSD) in accordance with the City's Municipal Code Chapter
13.16 and the Los Angeles Regional Water Quality Control Board National Pollution
Discharge Elimination System (NPDES) Storm Water Permit Order No. R4-2012-0175 (MS4
Permit). The SWPPP shall incorporate all necessary Best Management Practices (BMPs) and
other NPDES regulations to limit the potential of erosion and polluted runoff during
construction activities. Project contractors shall be required to ensure compliance with the
SWPPP and permit periodic inspection of the construction site by the City of Rosemead staff
to confirm compliance.
96. Water Quality Management Plan - Prior to grading permit issuance, the Project applicant
shall have a Water Quality Management Plan (WQMP) approved by the City for
implementation. The Project shall comply with the City's Municipal Chapter 13.16 and the
Municipal Separate Storm Sewer System (MS4) permit requirements in effect for the
Regional Water Quality Control Board (RWQCB) at the time of grading permit to control
discharges of sediments and other pollutants during operations of the Project.
Noise
97. Construction Hours - Per Municipal Code Chapter 8.36, construction and demolition
activities may only occur between the hours of 7:00 a.m. and 8:00 p.m. on weekdays,
including Saturday. Construction activities should not take place at any time on Sunday or a
federal holiday. No person shall operate or allow the operation of any tools or equipment used
in construction, drilling, repair, or alteration or demolition work outside of these hours to
prevent noise disturbances.
98. Best Construction Practices - In addition to compliance with the City's Municipal Code
allowed hours of construction of 7:00 a.m. to 8:00 p.m., Monday through Saturday, excluding
Sunday and holidays, the following recommendations would reduce construction noise to the
extent feasible:
a. The Project construction contractor should equip all construction equipment, fixed
or mobile, with properly operating and maintained noise mufflers, consistent with
manufacturer's standards.
b. The Project construction contractor should locate staging areas away from off-site
sensitive uses during the later phases of Project development.
c. The Project construction contractor should place all stationary construction
equipment so that emitted noise is directed away from sensitive receptors nearest
the Project site whenever feasible.
Public Services
99. School Fees - Prior to the issuance of a building permit, the applicant shall provide payment
of the appropriate fees set forth by the applicable school districts related to the funding of
school facilities pursuant to Government Code Section 65995 et seq.
Utilities
100. Solid Waste - As required by Municipal Code Chapter 8.32, Section 8.32.010 of the 2016
California Green Building Standards Code, and AB 341 the Project shall implement a Waste
Management Plan to ensure that the construction and operational diversion requirements
would be met.
Attachment D
Planning Commission Staff Report,
Dated December 19, 2022
ROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: DECEMBER 19, 2022
SUBJECT: PLANNED DEVELOPMENT 22-01, ZONE CHANGE 22-01, GENERAL
PLAN AMENDMENT 22-01, AND TENTATIVE TRACT MAP 83705
8601 MISSION DRIVE
SUMMARY
Mission Villas, LLC is proposing the development of 37 two-story dwelling units, eight of
which will be developed utilizing the City's Small Lot Subdivision Ordinance. In addition,
four out of the 37 units will be designated as affordable units. The dwellings will range in
size from 1,546 to 2,553 square feet with four different floor plans. Of the 37 units, 29
would be four-bedroom single family dwelling units, four would be three-bedroom
duplexes, and four would be four-bedroom duplexes. All units will include an enclosed
two -car garage. The project also includes 25 guest parking spaces and access would
be provided via one 40 -foot -wide driveway on Mission Drive. In addition, the project will
include new landscaping, decorative hardscape, exterior walls and lighting, and open
space areas. The project site is located at 8601 Mission Drive (APNs: 5389-009-029,
030, and 031) in the Single Family Residential (R-1) zone.
ENVIRONMENTAL ANALYSIS
The City of Rosemead acting as a Lead Agency, has completed an Initial Study in
accordance with the California Environmental Quality Act (CEQA) (Public Resources
Code Section 21000-21177) and pursuant to Section 15063 of Title 14 of the California
Code of Regulations (CCR). 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 the
project will not have a significant effect on the environment with the incorporation of
mitigation measures and has therefore prepared a Draft Mitigated Negative
Declaration. The Initial Study reflects the independent judgment of the City.
A Notice of Intent to Adopt a Mitigated Negative Declaration for the project was
distributed for a 20 -day public review and comment period from November 10, 2022 to
November 30, 2022. The Mitigated Negative Declaration and a Mitigation Monitoring
Program as required by CEQA guidelines, is attached to this staff report for your review
Planning Commission Meeting
December 19, 2022
Page 2 of 62
as Exhibit "F. If the Commission recommends this project to the City Council for
approval, the Commission must make a finding of adequacy with the environmental
assessment and also recommend that the City Council adopt the attached Mitigated
Negative Declaration and Mitigation Monitoring Program as the environmental
determination.
STAFF RECOMMENDATION
That the Planning Commission:
1. Conduct a public hearing and receive public testimony; and
2. Adopt Planning Commission Resolution No. 22-07 with findings (Exhibit "A"), a
resolution recommending that the City Council adopt City Council Resolution No.
2023-02 (Exhibit "B"), City Council Resolution No. 2023-04 (Exhibit "C"), and
Ordinance No. 1013 (Exhibit "D") for the approval of Planned Development 22-
01, Zone Change 22-01, General Plan Amendment 22-01, and Tentative Tract
Map 83705; and the adoption of the associated Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program (Exhibit "F") as the
environmental determination.
PROPERTY HISTORY AND DESCRIPTION
The subject site consists of three vacant parcels totaling approximately 3.378 acres of
land.
Planning Commission Meeting
December 19, 2022
Existing Site Photo
Site & Surrounding Land Uses
The site is designated in the General Plan for Low Density Residential, and on the
Zoning map it is designated for Single Family Residential (R-1). The site is surrounded
by the following land uses:
North
General Plan Designation:
Zoning:
Land Use:
South
General Plan Designation:
Zoning:
Land Use:
East
General Plan Designation:
Zoning:
Land Use:
West
General Plan Designation:
Zoning:
Land Use:
Project Description
Low Density Residential
R-1
Residential
Low Density Residential
R-1
Residential and Church
Low Density Residential
R-1
Residential
Public Facilities
Open Space (O -S)
Southern California Edison Power Lines
The project includes the construction of 37 residential units and associated parking,
open space, and landscaping. A two -car garage is proposed for each residential unit. In
addition, the project would provide 25 guest parking spaces for a total of 99 parking
spaces. Vehicular access to the site would be from Mission Drive via a circular 40 feet
gated private drive aisle that would connect to a 20 -foot fire lane and hammer head. 20-
Planning Commission Meeting
December 19, 2022
Page 4 of 62
foot -wide drive aisles would provide internal circulation throughout the project site,
access to garages, and guest parking. Pedestrian sidewalks would be installed to
circulate through the site and connect to the existing right of way along Mission Drive.
Site Plan
Planned Development 22-01
Per Rosemead Municipal Code Section 17.24.010(C), the Planned Development district
is intended to provide for residential developments that are characterized by innovative
use and design concepts. Planned Development (P -D) 22-01 is a residential planned
development consisting of 37 units.
Zone Change 22-01
Per Rosemead Municipal Code Section 17.152.020, amendment to the City's Zoning
Map may be initiated by the Planning Commission or the City Council, whenever the
public necessity, convenience, general welfare, or good zoning practice justifies such
action. Zone Change 22-01 will amend the Zoning Map of the subject site from the R-1
to P -D zone.
General Plan Amendment 22-01
Per Rosemead Municipal Code Section 17.152.020, amendment to the City's General
Plan may be initiated by the Planning Commission or the City Council, whenever the
public necessity, convenience, general welfare, or good zoning practice justifies such
action. General Plan Amendment 22-01 will amend the land use designation of the
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Site Plan
Planned Development 22-01
Per Rosemead Municipal Code Section 17.24.010(C), the Planned Development district
is intended to provide for residential developments that are characterized by innovative
use and design concepts. Planned Development (P -D) 22-01 is a residential planned
development consisting of 37 units.
Zone Change 22-01
Per Rosemead Municipal Code Section 17.152.020, amendment to the City's Zoning
Map may be initiated by the Planning Commission or the City Council, whenever the
public necessity, convenience, general welfare, or good zoning practice justifies such
action. Zone Change 22-01 will amend the Zoning Map of the subject site from the R-1
to P -D zone.
General Plan Amendment 22-01
Per Rosemead Municipal Code Section 17.152.020, amendment to the City's General
Plan may be initiated by the Planning Commission or the City Council, whenever the
public necessity, convenience, general welfare, or good zoning practice justifies such
action. General Plan Amendment 22-01 will amend the land use designation of the
Planning Commission Meeting
December 19, 2022
Facie 5 of 62
subject site from low Density Residential (0-6 units per acre) to Medium Density
Residential (0-12 units per acre).
Tentative Tract MaD 83705
Section 66474 et seq of the Subdivision Map Act describes the grounds for approving a
subdivision map. In addition, Rosemead Municipal Code Chapter 16.04 provides
subdivision regulations, which adopt Los Angeles County subdivision regulations by
reference. Tentative Tract Map 83705 is a subdivision creating nine legal parcels for 37
residential units.
Development Standards
Staff has verified that the proposed development would be in compliance with the
applicable development standards of the Rosemead Zoning Code, as demonstrated in
the following table:
Development Feature
Required
Proposed
Total Lot Size of
Development Site
43,560 square feet (minimum)
147,146 square feet
Density
12 dwelling units/acre (maximum) = 40 dwelling units
37 dwelling units
Front Setback (Adjoining
20 feet (minimum)
20'-0"
Residential Zone)
When side abuts side or rear of residential R zone,
school or park a setback equal to side yard setback
of residential R zone shall be required for building line
13'-0" (south-east
of main structure. Setback area may be used to
corner property line)
Side Yard Setback
comply w/parking requirements.
(Adjoining Residential Zone)
11'-0" to 15'-0" (east
Greater of 5'-0' or 10% of Lot Width
property line)
(13'-0" south-east corner property line)
(5'-0" east property line)
Side Yard Setback
None
10'-0" to 13'-0" (west
roe line)
When rear abuts side or rear of residential R zone,
school or park a setback equal to side yard setback
of residential R zone shall be required for building line
Rear Setback
of main structure. Setback area may be used to
6'-0" to 15'-0"
comply w/parking requirements.
Greater of 5'-0" or 10% of Lot Width
6'-0'
Height
None
25'-3" to 27'-10"
Two Spaces per dwelling unit in an enclosed garage
37 attached two -car
Parking
and Guest Parking at 1 space per 2 dwellings
garages and 25 guest
37 garages required and 19 guest parkinq spaces)
arkin spaces
Planning Commission Meefing
December 19, 2022
Paae 6 of 62
Proposed Floor Plan
The proposed project consists of 37 residential units. Of the 37 units, 29 would be four-
bedroom single family dwelling units, four would be three-bedroom duplexes, and four
would be four-bedroom duplexes. The dwellings will range in size from 1,546 to 2,553
square feet with four different floor plans. The details of each floor plan are listed below
and illustrated on the architectural plans attached in Exhibit "G":
• Plan 1 SFD units total 2,351 square feet and includes a great room, kitchen, four
bedrooms with closets, a small tech/library, a loft, three bathrooms, a laundry
room, and a two -car garage. Dwelling units number 15, 17, 19, 21, 23, 25, 27,
29, and 31 have the option of constructing a covered patio to the rear of the
dwelling.
• Plan 2 SFD units total 2,553 square feet and includes a great room, kitchen, four
bedrooms with closets, an open tech/loft, three bathrooms, a laundry room, and a
two -car garage. Dwelling units number 14, 16, 18, 20, 22, 24, 26, 28, 30, and 32
have the option of constructing a covered patio to the rear of the dwelling.
• Plan 1 Duplex units total 1,546 square feet and includes a great room, kitchen,
powder room, a loft, three bedrooms with closets, two bathrooms, a laundry
room, and a two -car garage.
• Plan 2 Duplex units total 1,868 square feet and includes a great room, kitchen,
powder room, three bedrooms with closets, a loft with the option to convert it to a
fourth bedroom, two bathrooms, a laundry room, and a two -car garage.
Proposed Architecture
As illustrated in the architectural plans attached in Exhibit "F", the proposed
development alternates between a Spanish Colonial or Hacienda architectural style
which are enhanced with design elements that include decorative shutters and
windows, clay pipe/tile elements, decorative tile/stone veneer entry doorways with
recessed doors, smooth stucco, exposed rafter tails, corbels, decorative lighting,
sectional garage doors, and concrete s -tile roofing. According to the color and material
board, the proposed development will consist of six cohesive color schemes. All color
schemes are complementary to one another and contain earth tone colors that vary
from shades of light and dark browns, tans, beiges, grays, greens, blues, and white.
The color renderings of both architectural styles in various color schemes are provided
on page 7.
Planning Commission Meeting
December 19, 2022
Pane 7 of 62
Hacienda Plan 1 SFD — Scheme One
Hacienda Duplex — Scheme Six
Proposed Landscaping and Fencing
Spanish Colonial Duplex — Scheme Five
The proposed development will consist of 51,982 square feet of landscape and 42,038
square feet of hardscape. A conceptual landscape plan has been attached in Exhibit
"G". New landscaping is proposed throughout the site. To alleviate privacy concerns,
the proposed development will incorporate multiple evergreen screening trees along the
eastern perimeter of the site. The walkways within the project will comprise of a mix of
flowering trees and shrubs. To create visual appeal from Mission Drive, the front entry
way of the project site is adorned with a variety of mature trees and vivid colored
climbing vines. In addition, the 40 -foot -wide circular driveway would be enhanced with
interlocking pavers. The applicant will submit a final landscape and irrigation plan to the
Planning Division for review and approval prior to issuance of any Building Permits.
According to the Wall and Fence Plan attached in Exhibit "G", the applicant is proposing
new 6'-0" high split -face CMU block walls with decorative stone veneer columns and
precast concrete caps along the perimeter property lines. All dwellings will be separated
by white vinyl fencing and the gated entry will consist of black wrought iron fencing
which was approved by the Los Angeles County Fire Department. All walls and fences
will complement the building designs.
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Hacienda Plan 1 SFD — Scheme One
Hacienda Duplex — Scheme Six
Proposed Landscaping and Fencing
Spanish Colonial Duplex — Scheme Five
The proposed development will consist of 51,982 square feet of landscape and 42,038
square feet of hardscape. A conceptual landscape plan has been attached in Exhibit
"G". New landscaping is proposed throughout the site. To alleviate privacy concerns,
the proposed development will incorporate multiple evergreen screening trees along the
eastern perimeter of the site. The walkways within the project will comprise of a mix of
flowering trees and shrubs. To create visual appeal from Mission Drive, the front entry
way of the project site is adorned with a variety of mature trees and vivid colored
climbing vines. In addition, the 40 -foot -wide circular driveway would be enhanced with
interlocking pavers. The applicant will submit a final landscape and irrigation plan to the
Planning Division for review and approval prior to issuance of any Building Permits.
According to the Wall and Fence Plan attached in Exhibit "G", the applicant is proposing
new 6'-0" high split -face CMU block walls with decorative stone veneer columns and
precast concrete caps along the perimeter property lines. All dwellings will be separated
by white vinyl fencing and the gated entry will consist of black wrought iron fencing
which was approved by the Los Angeles County Fire Department. All walls and fences
will complement the building designs.
Planning Commission Meefing
December 19, 2022
Paae 8 of 62
Common Open/Private Space
The proposed development consists of 17,298 square feet of common open space and
includes a central common open area and various landscaped areas that are
maintained by the HOA. The central common open area encompasses a fire pit area, a
bench, a dog bag station, and a lawn area for pets and informal play. The proposed
development also provides 34,359 square feet of private open space, that includes
enclosed private yard areas for the residential units in the development.
Parking and Circulation
Vehicular access to the project site is provided via a 40 -foot -wide circular driveway
approach off Mission Drive. This driveway also serves as the primary vehicular egress
from the site. A total of 99 parking spaces (74 garage spaces and 25 guest parking
spaces) will be provided onsite. Pedestrian sidewalks would be installed to circulate
through the site and connect to the existing right-of-way along Mission Drive.
Traffic & On -Street Parking Evaluation
A trip generation and vehicle miles traveled (VMT) screening analysis was prepared for
the project by Environmental Planning Development (EPD) Solutions, Inc. The technical
memorandum evaluated the trip generation and need to prepare a level of service
(LOS) or vehicle miles traveled (VMT) analysis for the proposed project based on the
City of Rosemead's Transportation Study Guidelines for VMT and LOS Assessment. If a
project meets one of the following criteria as shown below, then the VMT impact of the
project would be considered less than significant and no further analysis would be
required. The proposed project was able to satisfy Screening Criteria 2 — Low VMT
Area. The City Engineer has reviewed the VMT analysis and on -street parking
evaluation and found it acceptable and the VMT analysis has been included into the
Mitigated Negative Declaration.
Lighting
The outdoor lighting concept provides levels of lighting sufficient to meet safety and
orientation needs. Lighting within the public areas of the proposed development will be
shielded and unobtrusive. The proposed internal roadways will be lit by decorative light
poles that are distributed along the project site. The common open area will be lit by 42 -
inch high bollard lights and small floor lamps that will be incorporated into the
landscaping. Light sources will be concealed and directed downward to avoid spilling
into neighboring properties. The development also proposes light fixtures on the exterior
of the dwelling units.
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December 19, 2022
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Concerns Raised at Concept Presentation
On November 9, 2021, Mission Villas, LLC presented the proposed development at a
Concept Presentation with the City Council and Planning Commission. The topics of
discussion and concerns that were expressed by the City Council and Planning
Commission are provided below:
Neighborhood Outreach
While the Concept Presentation was duly noticed to surrounding properties within 300
feet of the project site, no residents were present and no comments were received. To
further engage the community and receive feedback, Mission Villas, LLC mailed out
letters to adjacent homeowners, and personally walked the neighborhood with project
brochures. A copy of the letter is attached at Exhibit "H". The applicant was able to
speak with three neighbors that reside on the west side of Bartlett Avenue and share
the property's east property line. The neighbors were comfortable with the project
design and expressed relief that the project would not be high density affordable
housing. In addition, they requested that the applicant coordinate the installation of the
shared property line walls and asked for landscaping to enhance privacy. The applicant
also worked directly with two neighbors on the north end of the project site to resolve
some property line encroachments. Both neighbors were understanding, and all
encroachments were removed with both parties being satisfied with the outcome.
Overall, the applicant did not receive any negative feedback.
Affordable Units
During the concept presentation, the City Council expressed their desire for more
affordable housing. As a result, the project is incorporating four affordable units. In
addition, the applicant is participating in the City's silent second program. The applicant
has retained an attorney that specializes in affordable housing to draft documents for
the City's review. Currently, staff and the applicant are working on entering into an
agreement. A Condition of Approval has been incorporated to ensure that the applicant
formalizes an agreement with the City to provide four affordable units.
Small Lots
At the concept presentation, the City Council encouraged the applicant to incorporate
the City's Small Lot Subdivision Ordinance to further aid in the development of the
project. The applicant has implemented Small Lot Subdivision for the eight units fronting
Mission Drive (duplexes) as part of the Tentative Tract Map and all development
standards have been met for the eight small lot developments. Small Lot Subdivision is
a type of development that constructs free standing townhome style single-family
homes on lots that are smaller than conventional single-family lots.
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December 19, 2022
Page 10 of 62
Safetv Concerns Relatina to Inaress and Earess
The City Council raised concern over access to the project site and its close proximity to
the Mission Drive and Walnut Grove Avenue intersection. The applicant has worked
with their Traffic Engineer and the Los Angeles County Fire Department to provide a
newly designed entry at Mission Drive. The entrance is enhanced with landscaping and
paving, a monument sign, and a gated entry. The new entry will provide queuing space
for vehicles as well as a turnaround for fire trucks and any other vehicles that cannot
obtain entry into the project.
Off -Street Parking
The City Council was concerned with the number of guest parking provided and
requested the applicant consider incorporating additional guest parking spaces. The
applicant has performed additional analysis to increase guest parking, however, due to
site constraints, they were unable to add more spaces. Nevertheless, the project
continues to provide a surplus of six off-street parking spaces. Currently, the proposed
project requires 93 off-street parking spaces and the applicant is providing 99 off-street
parking spaces.
Additional Landscaoina and Privac
The City Council expressed concerns regarding privacy along the eastern property line
which abuts the rear of existing single-family homes and inquired if the applicant can
provide additional landscaping along the southern property line fronting Mission Drive.
To alleviate privacy concerns, the applicant is not proposing any balconies on the
second floor of the residential units and will incorporate multiple evergreen screening
trees along the eastern perimeter of the site. To create visual appeal from Mission
Drive, the front entry way of the project site has incorporated a variety of mature trees
and vivid colored climbing vines. In addition, the 40 -foot -wide circular driveway would be
enhanced with interlocking pavers.
Pocket Park Under the Southern California Edison Easement
Both the City Council and Planning Commission expressed interest in the proposal of a
pocket park under the Southern California Edison (SCE) Easement at the northeast
corner of Walnut Grove Avenue and Mission Drive. The applicant has been actively
pursuing the pocket park, however, they received a denial from SCE as maintaining
downline access is one of many critical requirements for SCE. Although the request was
denied, the applicant continued to correspond with SCE and submitted working
drawings of the proposed pocket park for reconsideration. On December 13, 2022, the
applicant received a formal letter of denial, attached as Exhibit "I".
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December 19, 2022
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Written Comments Received
On November 28, 2022, staff received a comment letter, attached as Exhibit "J", from
the Los Angeles County Sanitation Districts in regards to the Notice of Intent to Adopt a
Mitigated Negative Declaration. The purpose of the letter was not to constitute a
guarantee of wastewater service but was to advise the developer that the Districts
intend to provide this service up to the levels that are legally permitted and to inform the
developer of the currently existing capacity and any proposed expansion of the Districts'
facilities.
A formal response has been prepared by the Environmental Consultant, EDP Solutions,
Inc., and has been included in Chapter 2 of the Mitigated Negative Declaration.
Regional Housing Needs Assessment (RHNA)
The California Department of Housing and Community Development (HCD) has
determined that the regional housing need for jurisdictions in the SCAG region is
1,341,827 units. The 6th Cycle RHNA allocation for the City of Rosemead totals 4,612
units. The proposed development of 37 residential units will contribute to the City's
RHNA allocation for Planning Cycle 2021 to 2029.
MUNICIPAL CODE REQUIREMENTS
Planned Development
Per Rosemead Municipal Code Section 17.24.040(B)(1), planned development zone
shall be created in the same manner as property reclassified from one zone to another
as set forth in 17.152.
Per Rosemead Municipal Code Section 17.152.060(8), amendments to the Official
Zoning Map may be approved only if all the following findings are first made:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan.
According to the General Plan and Zoning Ordinance Consistency Table in the
General Plan, the P -D zone is a corresponding zoning district to the Medium
Density Residential land use designation. For this reason, the proposed
amendment is consistent with the General Plan. In addition, the subject site is
not located in a specific plan area.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
The P -D district is intended to provide for developments that are characterized
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December 19, 2022
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by innovative use and design concepts. This zone provides for a new
development to offer amenities, quality, design excellence and other similar
benefits to the community and not be inhibited by strict numerical development
standards. The subject site is located in a residential neighborhood and will
continue as a residential use, therefore, the development of 37 residential units
will not be detrimental to the public interest, health safety, convenience, or
welfare of the City.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for
the proposed project pursuant to Section 15070(b) of 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 the project will not have a significant effect on the environment
with the incorporation of mitigation measures and has therefore prepared a
Draft Mitigated Negative Declaration.
C. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
The P -D zone is intended to provide for developments that are characterized by
innovative use and design concepts. The minimum area for a P -D project is one
acre. The subject site consists of three vacant parcels totaling approximately
3.378 acres of land. In addition, the proposed development would be in
compliance with the applicable development standards of the Rosemead 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.
The P -D zone is designated to accommodate various types of development such
as residential developments. The minimum lot area for a P -D project is one acre.
The subject site consists of three vacant parcels totaling approximately 3.378
acres of land. The proposed development would be in compliance with the
applicable development standards of the Rosemead Zoning Code.
A trip generation and vehicle miles traveled (VMT) screening analysis was
prepared for the project by Environmental Planning Development (EDP)
Solutions, Inc. The technical memorandum evaluated the trip generation and
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December 19, 2022
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need to prepare a level of service (LOS) or vehicle miles traveled (VMT) analysis
for the proposed project based on the City of Rosemead's Transportation Study
Guidelines for WMT and LOS Assessment. If a project meets one of the following
three criteria listed in the Rosemead's Transportation Study Guidelines for VMT
and LOS Assessment, then the VMT impact of the project would be considered
less than significant and no further analysis would be required. The proposed
project was able to satisfy Screening Criteria 2 — Low VMT Area. The City
Engineer has reviewed the VMT analysis and on -street parking evaluation and
found it acceptable and the WIT analysis has been included into in the Mitigated
Negative Declaration.
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:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan.
The proposed zone change will amend the Zoning Map of the subject site from
the R-1 to P -D zone. In addition, the proposed amendment will change the land
use designation of the subject parcel from Low Density Residential to Medium
Density Residential. According to the General Plan and Zoning Ordinance
Consistency Table in the General Plan, the P -D zone is a corresponding zoning
district to the Medium Density Residential land use designation. For this reason,
the proposed amendment is consistent with the General Plan. In addition, the
subject site is not located in a specific plan area.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
The existing zone of the subject site is R-1. The subject site consists of three
vacant parcels totaling approximately 3.378 acres of land. The proposed
amendment would change the zone from R-1 to P -D for the construction of 37
residential units. The subject site is located in a residential neighborhood and
will continue as a residential use, therefore, will not be detrimental to the public
interest, health, safety, convenience, or welfare of the City.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for
the proposed project pursuant to Section 15070(b) of 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 the project will not have a significant effect on the environment
with the incorporation of mitigation measures and has therefore prepared a
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December 19, 2022
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Draft Mitigated Negative Declaration.
C. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
The proposed amendment would change the zone from R-1 to P -D for the
construction of 37 residential units. The P -D zone is intended to provide for
developments that are characterized by innovative use and design concepts.
The minimum area for a P -D project is one acre. The subject site consists of
three vacant parcels totaling approximately 3.378 acres of land. In addition, the
proposed development would be in compliance with the applicable development
standards of the Rosemead 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.
The subject site is located in a residential neighborhood and will continue as a
residential use, therefore, the zone change to a P -D zone is physically suitable
for a 3.378 acre site. The subject site is currently surrounding by a majority of
residential uses. The proposed residential units would not endanger, jeopardize,
or otherwise constitute a hazard to the property or improvements in the vicinity in
which the property is located.
In addition, a trip generation and vehicle miles traveled (VMT) screening analysis
was prepared for the project by Environmental Planning Development (EDP)
Solutions, Inc. The technical memorandum evaluated the trip generation and
need to prepare a level of service (LOS) or vehicle miles traveled (VMT) analysis
for the proposed project based on the City of Rosemead's Transportation Study
Guidelines for WMT and LOS Assessment. If a project meets one of the following
three criteria listed in the Rosemead's Transportation Study Guidelines for WMT
and LOS Assessment, then the WMT impact of the project would be considered
less than significant and no further analysis would be required. The proposed
project was able to satisfy Screening Criteria 2 — Low WMT Area. The City
Engineer has reviewed the WMT analysis and on -street parking evaluation and
found it acceptable and the VMT analysis has been included into in the Mitigated
Negative Declaration.
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December 19, 2022
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General Plan Amendment
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:
A. The amendment is internally consistent with all other provisions of the General
Plan.
The proposed amendment will change the land use designation of the subject
parcel from Low Density Residential to Medium Density Residential. The subject
site is currently zoned R-1 on the Zoning Map. However, the applicant is
proposing a zone change to amend the Zoning Map of the subject site from the
R-1 to P -D zone. According to the General Plan and Zoning Ordinance
Consistency Table in the General Plan, the P -D zone is a corresponding zone
district to the Medium Density Residential land use designation.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience or welfare of the City.
The existing land use designation of the subject site is Low Density Residential.
The subject site consists of three vacant parcels totaling approximately 3.378
acres of land. The proposed amendment would change the land use designation
to Medium Density Residential for the construction of 37 residential units. The
subject site is located in a low density residential neighborhood and will continue
as a residential use, therefore, will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for
the proposed project pursuant to Section 15070(b) of 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 the project will not have a significant effect on the environment
with the incorporation of mitigation measures and has therefore prepared a
Draft Mitigated Negative Declaration.
C. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
The proposed amendment would change the zone from R-1 to P -D for the
construction of 37 residential units. The P -D zone is intended to provide for
developments that are characterized by innovative use and design concepts.
The minimum area for a P -D project is one acre. The subject site consists of
three vacant parcels totaling approximately 3.378 acres of land. In addition, the
proposed development would be in compliance with the applicable development
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December 19, 2022
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standards of the Rosemead 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.
The subject site is located in a residential neighborhood and will continue as a
residential use, therefore, the amendment to the Medium Density Residential
land use designation for the construction of 37 residential units will be physically
suitable for the subject site. The subject site is currently designated as Low
Density Residential and is currently surrounded by predominately residential
uses.
A trip generation and vehicle miles traveled (VMT) screening analysis was
prepared for the project by Environmental Planning Development (EDP)
Solutions, Inc. The technical memorandum evaluated the trip generation and
need to prepare a level of service (LOS) or vehicle miles traveled (VMT) analysis
for the proposed project based on the City of Rosemead's Transportation Study
Guidelines for VMT and LOS Assessment. If a project meets one of the following
three criteria listed in the Rosemead's Transportation Study Guidelines for VMT
and LOS Assessment, then the VMT impact of the project would be considered
less than significant and no further analysis would be required. The proposed
project was able to satisfy Screening Criteria 2 — Low VMT Area. The City
Engineer has reviewed the VMT analysis and on -street parking evaluation and
found it acceptable and the VMT analysis has been included into in the Mitigated
Negative Declaration.
Tentative Tract Map 83705
Section 66474 et seq of the Subdivision Map Act describes the grounds for approving a
subdivision map. In addition, Rosemead Municipal Code Chapter 16.04 provides
subdivision regulations, which adopt Los Angeles County subdivision regulations by
reference. The following are findings that must be made in order to approve a tentative
tract map:
A. That the proposed map is consistent with applicable general and specific plans
as specified in Section 65451.
Tentative Tract Map 83705 will consolidate three vacant parcels totaling
approximately 3.378 acres of land, for the creation of nine legal parcels for 37
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December 19, 2022
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residential units. The project includes an amendment to the General Plan. The
proposed amendment will change the land use designation of the subject parcel
from Low Density Residential to Medium Density Residential. The Medium
Density Residential land use designation allows a density of 12 units per acre.
The density proposed is within the allowed density. There is no applicable
specific plan.
B. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
Tentative Tract Map 83705 will consolidate three vacant parcels totaling
approximately 3.378 acres of land, for the creation of nine legal parcels for 37
residential units. The project includes an amendment to the General Plan. The
proposed amendment will change the land use designation of the subject parcel
from Low Density Residential to Medium Density Residential. The Medium
Density Residential land use designation allows a density of 12 units per acre.
The density proposed is within the allowed density. In addition, several conditions
of approval and mitigation measures have been incorporated making the site
physically suitable for a residential planned development.
C. That the site is physically suitable for the type of development.
The P -D zone is designated to accommodate various types of development such
as residential developments. The minimum lot area for a P -D project is one acre.
The subject site consists of three vacant parcels totaling approximately 3.378
acres of land. The proposed development would be in compliance with the
applicable development standards of the Rosemead Zoning Code. In addition,
the site is surrounded by residential uses. In addition, several conditions of
approval and mitigation measures have been incorporated making the site
physically suitable for a residential planned development.
D. That the site is physically suitable for the proposed density of development.
Tentative Tract Map 83705 will consolidate three vacant parcels totaling
approximately 3.378 acres of land for the creation of nine legal parcels for 37
residential units. The project includes an amendment to the General Plan. The
proposed amendment will change the land use designation of the subject parcel
from Low Density Residential to Medium Density Residential. The Medium
Density Residential land use designation allows a density of 12 units per acre.
The density proposed is within the allowed density. With the recommended
conditions of approval and mitigation measures that have been incorporated, the
site is physically suitable for a 37 -unit residential planned development.
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E. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat.
There are no fish or wildlife occurring on the project site or in the vicinity of the
project site. The City has completed an Initial Study/Draft Mitigated Negative
Declaration for the proposed project pursuant to Section 15070(b) of 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 the project will not have a significant effect on the
environment with the incorporation of mitigation measures and has therefore
prepared a Draft Mitigated Negative Declaration.
In addition, the General Plan does not identify any biological resources within the
City. There are no species identified as endangered, candidate, sensitive, or
special status species within the limits of either the site or in the immediate area.
Consequently, no significant impact would occur to any sensitive species
designated by the resources agencies as a result of project implementation.
F. That the design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The project has been reviewed by the Community Development Department and
Public Works Department to determine if the proposed development will be
detrimental to the public interest, health, safety, convenience, or welfare of the
City. With implementation of the recommended conditions of approval and
mitigation measures, the proposed development is not anticipated to cause
public health problems.
G. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision. In this connection, the governing body
may approve a map if it finds that alternate easements, for access or for use, will
be provided, and that these will be substantially equivalent to ones previously
acquired by the public. This subsection shall apply only to easements of record
or to easements established by judgment of a court of competent jurisdiction and
no authority is hereby granted to a legislative body to determine that the public at
large has acquired easements for access through or use of property within the
proposed subdivision.
The City Engineer has reviewed this proposed subdivision relative to the
adjacent right-of-way. Vehicular access to the project site will be provided from
Mission Drive and will be privately maintained. Based on this review, it is
determined that the design and construction of the project would preserve public
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December 19, 2022
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safety and provide adequate access and circulation for vehicular and pedestrian
traffic. In addition, the City Engineer has deemed the trip generation and vehicle
miles traveled (VMT) screening analysis and on -street parking evaluation
acceptable and has also incorporated conditions of approval to ensure that any
potential traffic related issue or on -street parking issue is mitigated.
PUBLIC NOTICE PROCESS
On November 10, 2022, eighty-two (82) notices were sent to property owners within a
300 -feet radius from the subject property and person(s) that have filed a written request
with the City's Clerk Office. In addition, the notice was posted at six (6) public locations,
on-site, published in the Rosemead Reader, and filed with the Los Angeles County
Clerk.
Prepared by: Reviewed by:
C>4_1C —0—
Annie Lao Lily Valenzuela
Associate Planner Planning and Economic Development Manager
Submitted by:
Stan Wong
Interim Director of Community Development
EXHIBITS:
A. Planning Commission Resolution No. 22-07
B. Draft City Council Resolution No. 2023-02
C. Draft City Council Resolution No. 2023-04
D. Draft City Council Ordinance No. 1013
E. Project Conditions of Approval
F. Initial Study/Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
(Appendices in USB Drive)
G. Architectural Plans, Dated December 5, 2022
H. Copy of Neighborhood Outreach Letter, Dated March 24, 2022
I. Denial Letter from Southern California Edison, Dated December 14, 2022
J. Written Comments Received from Los Angeles County Sanitation Districts, dated November 28, 2022
Planning Commission Meeting
December 19, 2022
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EXHIBIT "A"
PC RESOLUTION 22-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING THE CITY COUNCIL ADOPT THE MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM AS THE ENVIRONMENTAL
DETERMINATION, AND APPROVE PLANNED DEVELOPMENT 22-01,
ZONE CHANGE 22-01, GENERAL PLAN AMENDMENT 22-01, AND
TENTATIVE TRACT MAP 83705 FOR THE CONSTRUCTION OF 37
RESIDENTIAL UNITS. THE SUBJECT SITE IS LOCATED AT 8601
MISSION DRIVE (APNS: 5389-009-029,030, AND 031), IN THE SINGLE
FAMILY RESIDENTIAL ZONE (R-1).
WHEREAS, on February 17, 2022, Mission Villas, LLC submitted entitlement
applications for the construction of 37 residential units; and
WHEREAS, 8601 Mission Drive is located in the R-1 zone; and
WHEREAS, Rosemead Municipal Code Section 17.24.040 and 17.152.060
provides the criteria for a planned development; and
WHEREAS, Rosemead Municipal Code Section 17.152.060 provides the
purpose and criteria for a zone change and general plan amendment; and
WHEREAS, Section 66474 et seq of the Subdivision Map Act and Rosemead
Municipal Code Chapter 16.04 provides the criteria for a tentative tract map; and
WHEREAS, Sections 65800 & 65900 of the California Government and
Rosemead Municipal Code Sections/Chapter 16.04, 17.24.040 and 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 general plan amendment and planned development; and
WHEREAS, in September 2022, 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 a Draft
Mitigated Negative Declaration.
WHEREAS, on November 10, 2022, eighty-two (82) notices were sent to
property owners within a 300 -feet radius from the subject property and to person(s) that
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December 19, 2022
Page 21 of 62
have filed a written request with the City's Clerk Office. In addition the notice was
posted at 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 Planned Development Review 22-01,
Zone Change 22-01, General Plan Amendment 22-01, and Tentative Tract Map 83705,
pursuant to California Government Code Section 65091(a)(3); and
WHEREAS, on December 19, 2022, the Planning Commission held a duly
noticed and advertised public hearing to receive oral and written testimony relative to
the Mitigated Negative Declaration, Planned Development Review 22-01, Zone Change
22-01, General Plan Amendment 22-01, and Tentative Tract Map 83705; 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 Mitigated Negative Declaration and HEREBY RECOMMENDS that the City
Council adopt the Mitigated Negative Declaration as the environmental clearance for
General Plan Amendment 22-01, Zone Change 22-01 Planned Development Review
22-01, and Tentative Tract Map 83705.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Planned Development Review 22-01 in
accordance with Rosemead Municipal Code Section 17.24.040 and 17.152.060(B) as
follows:
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan.
FINDING: According to the General Plan and Zoning Ordinance Consistency
Table in the General Plan, the P -D zone is a corresponding zoning district to the
Medium Density Residential land use designation. For this reason, the proposed
amendment is consistent with the General Plan. In addition, the subject site is not
located in a specific plan area.
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
FINDING: The P -D district is intended to provide for developments that are
characterized by innovative use and design concepts. This zone provides for a new
development to offer amenities, quality, design excellence and other similar benefits to
the community and not be inhibited by strict numerical development standards. The
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December 19, 2022
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subject site is located in a residential neighborhood and will continue as a residential
use, therefore, the development of 37 residential units will not be detrimental to the
public interest, health safety, convenience, or welfare of the City.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for
the proposed project pursuant to Section 15070(b) of 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 the project will not
have a significant effect on the environment with the incorporation of mitigation
measures and has therefore prepared a Draft Mitigated Negative Declaration.
C. The proposed amendment is internally consistent with other applicable
provisions of this Zoning Code.
FINDING: The P -D zone is intended to provide for developments that are
characterized by innovative use and design concepts. The minimum area for a P -D
project is one acre. The subject site consists of three vacant parcels totaling
approximately 3.378 acres of land. In addition, the proposed development would be in
compliance with the applicable development standards of the Rosemead Zoning Code.
D. The affected site is physically suitable in terms of design, location, operating
characteristics, shape, size, topography, and the provision of public and emergency
vehicle access, and public services and utilities and is served by highways and streets
adequate in width and improvement to carry the kind and quantity of traffic the
proposed use would likely generate, to ensure that the proposed use(s) and/or
development will not endanger, jeopardize, or otherwise constitute a hazard to the
property or improvements in the vicinity in which the property is located.
FINDING: The P -D zone is designated to accommodate various types of
development such as residential developments. The minimum lot area for a P -D project
is one acre. The subject site consists of three vacant parcels totaling approximately
3.378 acres of land. The proposed development would be in compliance with the
applicable development standards of the Rosemead Zoning Code.
A trip generation and vehicle miles traveled (VMT) screening analysis was
prepared for the project by Environmental Planning Development (EDP) Solutions, Inc.
The technical memorandum evaluated the trip generation and need to prepare a level of
service (LOS) or vehicle miles traveled (VMT) analysis for the proposed project based
on the City of Rosemead's Transportation Study Guidelines for VMT and LOS
Assessment. If a project meets one of the following three criteria listed in the
Rosemead's Transportation Study Guidelines for VMT and LOS Assessment, then the
VMT impact of the project would be considered less than significant and no further
analysis would be required. The proposed project was able to satisfy Screening Criteria
2 — Low VMT Area. The City Engineer has reviewed the VMT analysis and on -street
Planning Commission Meeting
December 19, 2022
Page 23 of 62
parking evaluation and found it acceptable and the VMT analysis has been included into
in the Mitigated Negative Declaration.
SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Zone Change 22-01 in accordance with
Rosemead Municipal Code Section 17.152.060(B) as follows:
A. The amendment is internally consistent with all other provisions of the
General Plan.
FINDING: The proposed zone change will amend the Zoning Map of the subject
site from the R-1 to P -D zone. In addition, the proposed amendment will change the
land use designation of the subject parcel from Low Density Residential to Medium
Density Residential. According to the General Plan and Zoning Ordinance Consistency
Table in the General Plan, the P -D zone is a corresponding zoning district to the
Medium Density Residential land use designation. For this reason, the proposed
amendment is consistent with the General Plan. In addition, the subject site is not
located in a specific plan area.
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
FINDING: The existing zone of the subject site is R-1. The subject site consists
of three vacant parcels totaling approximately 3.378 acres of land. The proposed
amendment would change the zone from R-1 to P -D for the construction of 37
residential units. The subject site is located in a residential neighborhood and will
continue as a residential use, therefore, will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for
the proposed project pursuant to Section 15070(b) of 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 the project will not have
a significant effect on the environment with the incorporation of mitigation measures and
has therefore prepared a Draft Mitigated Negative Declaration.
C. The proposed amendment is internally consistent with other applicable
provisions of this Zoning Code.
FINDING: The proposed amendment would change the zone from R-1 to P -D for
the construction of 37 residential units. The P -D zone is intended to provide for
developments that are characterized by innovative use and design concepts. The
minimum area for a P -D project is one acre. The subject site consists of three vacant
parcels totaling approximately 3.378 acres of land. In addition, the proposed
Planning Commission Meeting
December 19, 2022
Page 24 of 62
development would be in compliance with the applicable development standards of the
Rosemead Zoning Code.
D. The affected site is physically suitable in terms of design, location,
operating characteristics, shape, size, topography, and the provision of public and
emergency vehicle access, and public services and utilities and is served by highways
and streets adequate in width and improvement to carry the kind and quantity of traffic
the proposed use would likely generate, to ensure that the proposed use(s) and/or
development will not endanger, jeopardize, or otherwise constitute a hazard to the
property or improvements in the vicinity in which the property is located.
FINDING: The subject site is located in a residential neighborhood and will
continue as a residential use, therefore, the zone change to a P -D zone is physically
suitable for a 3.378 acre site. The subject site is currently surrounding by a majority of
residential uses. The proposed residential units would not endanger, jeopardize, or
otherwise constitute a hazard to the property or improvements in the vicinity in which
the property is located.
In addition, a trip generation and vehicle miles traveled (VMT) screening analysis
was prepared for the project by Environmental Planning Development (EDP) Solutions,
Inc. The technical memorandum evaluated the trip generation and need to prepare a
level of service (LOS) or vehicle miles traveled (VMT) analysis for the proposed project
based on the City of Rosemead's Transportation Study Guidelines for VMT and LOS
Assessment. If a project meets one of the following three criteria listed in the
Rosemead's Transportation Study Guidelines for VMT and LOS Assessment, then the
VMT impact of the project would be considered less than significant and no further
analysis would be required. The proposed project was able to satisfy Screening Criteria
2 — Low VMT Area. The City Engineer has reviewed the VMT analysis and on -street
parking evaluation and found it acceptable and the VMT analysis has been included into
in the Mitigated Negative Declaration.
SECTION 4. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving General Plan Amendment 22-01 in accordance
with Rosemead Municipal Code Section 17.152.060(A) as follows:
A. The amendment is internally consistent with all other provisions of the
General Plan.
FINDING: The proposed amendment will change the land use designation of the
subject parcel from Low Density Residential to Medium Density Residential. The
subject site is currently zoned R-1 on the Zoning Map. However, the applicant is
proposing a zone change to amend the Zoning Map of the subject site from the R-1 to
P -D zone. According to the General Plan and Zoning Ordinance Consistency Table in
the General Plan, the P -D zone is a corresponding zone district to the Medium Density
Residential land use designation.
Planning Commission Meeting
December 19, 2022
Page 25 of 62
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
FINDING: The existing land use designation of the subject site is Low Density
Residential. The subject site consists of three vacant parcels totaling approximately
3.378 acres of land. The proposed amendment would change the land use designation
to Medium Density Residential for the construction of 37 residential units. The subject
site is located in a low density residential neighborhood and will continue as a
residential use, therefore, will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for
the proposed project pursuant to Section 15070(b) of 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 the project will not have
a significant effect on the environment with the incorporation of mitigation measures and
has therefore prepared a Draft Mitigated Negative Declaration.
C. The proposed amendment is internally consistent with other applicable
provisions of this Zoning Code.
FINDING: The proposed amendment would change the zone from R-1 to P -D for
the construction of 37 residential units. The P -D zone is intended to provide for
developments that are characterized by innovative use and design concepts. The
minimum area for a P -D project is one acre. The subject site consists of three vacant
parcels totaling approximately 3.378 acres of land. In addition, the proposed
development would be in compliance with the applicable development standards of the
Rosemead Zoning Code.
D. The affected site is physically suitable in terms of design, location,
operating characteristics, shape, size, topography, and the provision of public and
emergency vehicle access, and public services and utilities and is served by highways
and streets adequate in width and improvement to carry the kind and quantity of traffic
the proposed use would likely generate, to ensure that the proposed use(s) and/or
development will not endanger, jeopardize, or otherwise constitute a hazard to the
property or improvements in the vicinity in which the property is located.
FINDING: The subject site is located in a residential neighborhood and will
continue as a residential use, therefore, the amendment to the Medium Density
Residential land use designation for the construction of 37 residential units will be
physically suitable for the subject site. The subject site is currently designated as Low
Density Residential and is currently surrounded by predominately residential uses.
A trip generation and vehicle miles traveled (VMT) screening analysis was
Planning Commission Meeting
December 19, 2022
Paae 26 of 62
prepared for the project by Environmental Planning Development (EDP) Solutions, Inc.
The technical memorandum evaluated the trip generation and need to prepare a level of
service (LOS) or vehicle miles traveled (VMT) analysis for the proposed project based
on the City of Rosemead's Transportation Study Guidelines for VMT and LOS
Assessment. If a project meets one of the following three criteria listed in the
Rosemead's Transportation Study Guidelines for VMT and LOS Assessment, then the
VMT impact of the project would be considered less than significant and no further
analysis would be required. The proposed project was able to satisfy Screening Criteria
2 — Low VMT Area. The City Engineer has reviewed the VMT analysis and on -street
parking evaluation and found it acceptable and the VMT analysis has been included into
in the Mitigated Negative Declaration.
SECTION 5. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Tentative Tract Map 83705 in accordance with
Section 66474 et seq of the Subdivision Map Act and Rosemead Municipal Code
Chapter 16.04 as follows:
A. That the proposed map is consistent with applicable general and specific
plans as specified in Section 65451.
FINDING: Tentative Tract Map 83705 will consolidate three vacant parcels totaling
approximately 3.378 acres of land, for the creation of nine legal parcels for 37
residential units. The project includes an amendment to the General Plan. The
proposed amendment will change the land use designation of the subject parcel from
Low Density Residential to Medium Density Residential. The Medium Density
Residential land use designation allows a density of 12 units per acre. The density
proposed is within the allowed density. There is no applicable specific plan.
B. That the design or improvement of the proposed subdivision is consistent
with applicable general and specific plans.
FINDING: Tentative Tract Map 83705 will consolidate three vacant parcels
totaling approximately 3.378 acres of land, for the creation of nine legal parcels for 37
residential units. The project includes an amendment to the General Plan. The
proposed amendment will change the land use designation of the subject parcel from
Low Density Residential to Medium Density Residential. The Medium Density
Residential land use designation allows a density of 12 units per acre. The density
proposed is within the allowed density. In addition, several conditions of approval and
mitigation measures have been incorporated making the site physically suitable for a
residential planned development.
C. That the site is physically suitable for the type of development.
FINDING: The P -D zone is designated to accommodate various types of
development such as residential developments. The minimum lot area for a P -D project
Planning Commission Meeting
December 19, 2022
Page 27 of 62
is one acre. The subject site consists of three vacant parcels totaling approximately
3.378 acres of land. The proposed development would be in compliance with the
applicable development standards of the Rosemead Zoning Code. In addition, the site
is surrounded by residential uses. In addition, several conditions of approval and
mitigation measures have been incorporated making the site physically suitable for a
residential planned development.
D. That the site is physically suitable for the proposed density of
development.
FINDING: Tentative Tract Map 83705 will consolidate three vacant parcels
totaling approximately 3.378 acres of land, for the creation of nine legal parcels for 37
residential units. The project includes an amendment to the General Plan. The
proposed amendment will change the land use designation of the subject parcel from
Low Density Residential to Medium Density Residential. The Medium Density
Residential land use designation allows a density of 12 units per acre. The density
proposed is within the allowed density. With the recommended conditions of approval
and mitigation measures that have been incorporated, the site is physically suitable for
a 37 -unit residential planned development.
E. That the design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat.
FINDING: There are no fish or wildlife occurring on the project site or in the
vicinity of the project site. The City has completed an Initial Study/Draft Mitigated
Negative Declaration for the proposed project pursuant to Section 15070(b) of 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 the project will not have a significant effect on the environment with the
incorporation of mitigation measures and has therefore prepared a Draft Mitigated
Negative Declaration.
In addition, the General Plan does not identify any biological resources within the
City. There are no species identified as endangered, candidate, sensitive, or special
status species within the limits of either the site or in the immediate area. Consequently,
no significant impact would occur to any sensitive species designated by the resources
agencies as a result of Project implementation.
F. That the design of the subdivision or type of improvements is not likely to
cause serious public health problems.
FINDING: The project has been reviewed by the Community Development
Department and Public Works Department to determine if the proposed development
Planning Commission Meeting
December 19, 2022
Paae 28 of 62
will be detrimental to the public interest, health, safety, convenience, or welfare of the
City. With implementation of the recommended conditions of approval and mitigation
measures, the proposed development is not anticipated to cause public health
problems.
G. That the design of the subdivision or the type of improvements will not
conflict with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision. In this connection, the governing body may
approve a map if it finds that alternate easements, for access or for use, will be
provided, and that these will be substantially equivalent to ones previously acquired by
the public. This subsection shall apply only to easements of record or to easements
established by judgment of a court of competent jurisdiction and no authority is hereby
granted to a legislative body to determine that the public at large has acquired
easements for access through or use of property within the proposed subdivision.
FINDING: The City Engineer has reviewed this proposed subdivision relative to
the adjacent right-of-way. Vehicular access to the project site will be provided from
Mission Drive and will be privately maintained. Based on this review, it is determined
that the design and construction of the project would preserve public safety and provide
adequate access and circulation for vehicular and pedestrian traffic. In addition, the
City Engineer has deemed the trip generation and vehicle miles traveled (VMT)
screening analysis and on -street parking evaluation acceptable and has also
incorporated conditions of approval to ensure that any potential traffic related issue or
on -street parking issue is mitigated.
SECTION 6. The Planning Commission HEREBY RECOMMENDS CITY
COUNCIL APPROVAL of General Plan Amendment 22-01, Zone Change 22-01
Planned Development Review 22-01, and Tentative Tract Map 83705 for the
construction of 37 residential units.
SECTION 7. This resolution is the result of an action taken by the Planning
Commission on December 19, 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
December 19, 2022
Pace 29 of 62
PASSED, APPROVED, and ADOPTED this 19th day of December, 2022.
Daniel Lopez, 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 19th day of
December, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Stan Wong, Secretary
APPROVED AS TO FORM:
Stephanie Gutierrez, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
December 19, 2022
Paoe 30 of 62
EXHIBIT "B"
RESOLUTION 2023-02
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 AS THE ENVIRONMENTAL DETERMINATION FOR
PLANNED DEVELOPMENT 22-01, ZONE CHANGE 22-01, GENERAL
PLAN AMENDMENT 22-01, AND TENTATIVE TRACT MAP 83705
WHEREAS, on February 17, 2022, Mission Villas, LLC submitted entitlement
applications for the construction of 37 residential units; and
WHEREAS, in September 2022, 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, 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 Initial Study/Draft Mitigated Negative Declaration (SCH Number
2022110230) was prepared and circulated for a 20 -day public review and comment period from
November 10, 2022 to November 30, 2022. Notices were sent to property owners within a 300 -
feet radius from the subject property and person(s) that have filed a written request with the
City's Clerk Office. In addition, the notice was posted at 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 Planned
Development 22-01, Zone Change 22-01, General Plan Amendment 22-01, and Tentative Tract
Map 83705.
WHEREAS, Sections 65800 & 65900 of the California Government and Rosemead
Municipal Code Sections/Chapter 16.04 and 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 Initial Study/Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program as the environmental
determination for Planned Development 22-01, Zone Change 22-01, General Plan Amendment
22-01, and Tentative Tract Map 83705; and
Planning Commission Meeting
December 19, 2022
Page 31 of 62
WHEREAS, on December 19, 2022, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to General Plan
Amendment 22-01 and Tentative Tract Map 83705; and
WHEREAS, on December 29, 2022, eighty-two (82) notices were sent to property
owners within a 300 -feet radius from the subject property and to person(s) who have filed a
written request with the City's Clerk Office. In addition, the notice was posted at 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 General Plan Amendment 22-01 and Tentative Tract Map 83705, pursuant to
California Government Code Section 65091(a)(3); and
WHEREAS, the City Council held a duly noticed public hearing on January 10, 2023, 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:
SECTION 1. The City Council hereby makes a finding of adequacy with the Initial
Study/Mitigated Negative Declaration and HEREBY ADOPTS the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program as the environmental
determination for Planned Development 22-01, Zone Change 22-01, General Plan Amendment
22-01, and Tentative Tract Map 83705.
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 _ day of , 2023
Sean Dang, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel H. Richman, City Attorney Ericka Hernandez, City Clerk
Planning Commission Meefing
December 19, 2022
Page 32 of 62
A. Conditions of Approval
Planning Commission Meeting
December 19, 2022
Page 33 of 62
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. 2023-02 was duly adopted by the
City Council of the City of Rosemead, California, at a regular meeting thereof held on the _
day of , 2023, by the following vote, to wit:
AYES:
NOES:
Will -W901
Ericka Hernandez, City Clerk
Planning Commission Meeting
December 19, 2022
Page 34 of 62
EXHIBIT "Cl,
RESOLUTION 2023-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING GENERAL PLAN AMENDMENT 22-01 AND TENTATIVE
TRACT MAP 83705 TO AMEND THE LAND USE DESIGNATION OF
THE SUBJECT SITE FROM LOW DENSITY RESIDENTIAL (0-6 UNITS
PER ACRE) TO MEDIUM DENSITY RESIDENTIAL (0-12 UNITS PER
ACRE) AND TO CREATE NINE LEGAL PARCELS FOR 37
RESIDENTIAL UNITS. THE SUBJECT SITE IS LOCATED AT 8601
MISSION DRIVE (APNS: 5389-009-029,030, AND 031).
WHEREAS, on February 17, 2022, Mission Villas, LLC submitted entitlement
applications for the construction of 37 residential units; and
WHEREAS, 8601 Mission Drive is located in the R-1 zone; and
WHEREAS, Rosemead Municipal Code Section 17.152.060 provides the purpose and
criteria for a general plan amendment; and
WHEREAS, Section 66474 et seq of the Subdivision Map Act and Rosemead Municipal
Code Chapter 16.04 provides the criteria for a tentative tract map; and
WHEREAS, Sections 65800 & 65900 of the California Government and Rosemead
Municipal Code Sections/Chapter 16.04 and 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 general plan amendment and tentative
tract map; and
WHEREAS, in September 2022, 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 a Mitigated Negative Declaration.
WHEREAS, on December 19, 2022, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to General Plan
Amendment 22-01 and Tentative Tract Map 83705; and
WHEREAS, on December 29, 2022, eighty-two (82) notices were sent to property
owners within a 300 -feet radius from the subject property and to person(s) who have filed a
written request with the City's Clerk Office. In addition, the notice was posted at six (6) public
locations, on-site, published in the Rosemead Reader, and filed with the Los Angeles County
Planning Commission Meeting
December 19, 2022
Paae 35 of 62
Clerk, specifying the availability of the application, plus the date, time, and location of the public
hearing for General Plan Amendment 22-01 and Tentative Tract Map 83705, pursuant to
California Government Code Section 65091(a)(3); and
WHEREAS, the City Council held a duly noticed public hearing on January 10, 2023, to
consider the approval of General Plan Amendment 22-01 and Tentative Tract Map 83705; and
WHEREAS, the City Council fully studied the proposed General Plan Amendment 22-
01 and Tentative Tract Map 83705 and considered all public comments; and
WHEREAS, the City Council, having final approval authority over this project, has
reviewed and considered all comments received during the public review period prior to the
approval of this project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
HEREBY FINDS, DECLARES, AND RECOMMENDS AS FOLLOWS:
SECTION 1. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts
do exist to justify approving General Plan Amendment 22-01 in accordance with Rosemead
Municipal Code Section 17.152.060(A) as follows:
A. The amendment is internally consistent with all other provisions of the General
Plan.
FINDING: The proposed amendment will change the land use designation of the subject
parcel from Low Density Residential to Medium Density Residential. The subject site is
currently zoned R-1 on the Zoning Map. However, the applicant is proposing a zone change to
amend the Zoning Map of the subject site from the R-1 to P -D zone. According to the General
Plan and Zoning Ordinance Consistency Table in the General Plan, the P -D zone is a
corresponding zone district to the Medium Density Residential land use designation.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
FINDING: The existing land use designation of the subject site is Low Density
Residential. The subject site consists of three vacant parcels totaling approximately 3.378 acres
of land. The proposed amendment would change the land use designation to Medium Density
Residential for the construction of 37 residential units. The subject site is located in a low
density residential neighborhood and will continue as a residential use, therefore, will not be
detrimental to the public interest, health, safety, convenience, or welfare of the City.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for the
proposed project pursuant to Section 15070(b) of 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
Planning Commission Meeting
December 19, 2022
Page 36 of 62
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 a Draft
Mitigated Negative Declaration.
C. The proposed amendment is intemally consistent with other applicable provisions
of this Zoning Code.
FINDING: The proposed amendment would change the zone from R-1 to P-D for the
construction of 37 residential units. The P-D zone is intended to provide for developments that
are characterized by innovative use and design concepts. The minimum area for a P-D project is
one acre. The subject site consists of three vacant parcels totaling approximately 3.378 acres of
land. In addition, the proposed development would be in compliance with the applicable
development standards of the Rosemead Zoning Code.
D. The affected site is physically suitable in terms of design, location, operating
characteristics, shape, size, topography, and the provision of public and emergency vehicle
access, and public services and utilities and is served by highways and streets adequate in width
and improvement to carry the kind and quantity of traffic the proposed use would likely generate,
to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or
otherwise constitute a hazard to the property or improvements in the vicinity in which the
property is located.
FINDING: The subject site is located in a residential neighborhood and will continue as
a residential use, therefore, the amendment to the Medium Density Residential land use
designation for the construction of 37 residential units will be physically suitable for the subject
site. The subject site is currently designated as Low Density Residential and is currently
surrounded by predominately residential uses.
A trip generation and vehicle miles traveled (VMT) screening analysis was prepared for
the project by Environmental Planning Development (EDP) Solutions, Inc. The technical
memorandum evaluated the trip generation and need to prepare a level of service (LOS) or
vehicle miles traveled (VMT) analysis for the proposed project based on the City of Rosemead's
Transportation Study Guidelines for VMT and LOS Assessment. If a project meets one of the
following three criteria listed in the Rosemead's Transportation Study Guidelines for VMT and
LOS Assessment, then the VMT impact of the project would be considered less than significant
and no further analysis would be required. The proposed project was able to satisfy Screening
Criteria 2 — Low VMT Area. The City Engineer has reviewed the VMT analysis and on-street
parking evaluation and found it acceptable and the VMT analysis has been included into in the
Mitigated Negative Declaration.
SECTION 2. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts
do exist to justify approving Tentative Tract Map 83705 in accordance with Section 66474 et
seq of the Subdivision Map Act and Rosemead Municipal Code Chapter 16.04 as follows:
Planning Commission Meeting
December 19, 2022
Page 37 of 62
A. That the proposed map is consistent with applicable general and specific plans as
specified in Section 65451.
FINDING: Tentative Tract Map 83705 will consolidate three vacant parcels totaling
approximately 3.378 acres of land, for the creation of nine legal parcels for 37 residential units.
The project includes an amendment to the General Plan. The proposed amendment will change
the land use designation of the subject parcel from Low Density Residential to Medium Density
Residential. The Medium Density Residential land use designation allows a density of 12 units
per acre. The density proposed is within the allowed density. There is no applicable specific
plan.
B. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
FINDING: Tentative Tract Map 83705 will consolidate three vacant parcels totaling
approximately 3.378 acres of land, for the creation of nine legal parcels for 37 residential units.
The project includes an amendment to the General Plan. The proposed amendment will change
the land use designation of the subject parcel from Low Density Residential to Medium Density
Residential. The Medium Density Residential land use designation allows a density of 12 units
per acre. The density proposed is within the allowed density. In addition, several conditions of
approval and mitigation measures have been incorporated making the site physically suitable for
a residential planned development.
C. That the site is physically suitable for the type of development.
FINDING: The P -D zone is designated to accommodate various types of development
such as residential developments. The minimum lot area for a P -D project is one acre. The
subject site consists of three vacant parcels totaling approximately 3.378 acres of land. The
proposed development would be in compliance with the applicable development standards of the
Rosemead Zoning Code. In addition, the site is surrounded by residential uses. In addition,
several conditions of approval and mitigation measures have been incorporated making the site
physically suitable for a residential planned development.
D. That the site is physically suitable for the proposed density of development.
FINDING: Tentative Tract Map 83705 will consolidate three vacant parcels totaling
approximately 3.378 acres of land, for the creation of nine legal parcels for 37 residential units.
The project includes an amendment to the General Plan. The proposed amendment will change
the land use designation of the subject parcel from Low Density Residential to Medium Density
Residential. The Medium Density Residential land use designation allows a density of 12 units
per acre. The density proposed is within the allowed density. With the recommended conditions
of approval and mitigation measures that have been incorporated, the site is physically suitable
for a 37 -unit residential planned development.
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December 19, 2022
Pegs 38 of 62
E. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat.
FINDING: There are no fish or wildlife occurring on the project site or in the vicinity of
the project site. The City has completed an Initial Study/Draft Mitigated Negative Declaration
for the proposed project pursuant to Section 15070(b) of 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 the project will not have a significant effect on the
environment with the incorporation of mitigation measures and has therefore prepared a Draft
Mitigated Negative Declaration.
In addition, the General Plan does not identify any biological resources within the City.
There are no species identified as endangered, candidate, sensitive, or special status species
within the limits of either the site or in the immediate area. Consequently, no significant impact
would occur to any sensitive species designated by the resources agencies as a result of project
implementation.
F. That the design of the subdivision or type of improvements is not likely to cause
serious public health problems.
FINDING: The project has been reviewed by the Community Development Department
and Public Works Department to determine if the proposed development will be detrimental to
the public interest, health, safety, convenience, or welfare of the City. With implementation of
the recommended conditions of approval and mitigation measures, the proposed development is
not anticipated to cause public health problems.
G. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of, property within the
proposed subdivision. In this connection, the governing body may approve a map if it finds that
alternate easements, for access or for use, will be provided, and that these will be substantially
equivalent to ones previously acquired by the public. This subsection shall apply only to
easements of record or to easements established by judgment of a court of competent jurisdiction
and no authority is hereby granted to a legislative body to determine that the public at large has
acquired easements for access through or use of property within the proposed subdivision.
FINDING: The City Engineer has reviewed this proposed subdivision relative to the
adjacent right-of-way. Vehicular access to the project site will be provided from Mission Drive
and will be privately maintained. Based on this review, it is determined that the design and
construction of the project would preserve public safety and provide adequate access and
circulation for vehicular and pedestrian traffic. In addition, the City Engineer has deemed the
trip generation and vehicle miles traveled (VMT) screening analysis and on -street parking
evaluation acceptable and has also incorporated conditions of approval to ensure that any
potential traffic related issue or on -street parking issue is mitigated.
Planning Commission Meeting
December 19, 2022
Paoe 39 of 62
SECTION 3. The City Council HEREBY APPROVES General Plan Amendment 22-01
and Tentative Tract Map 83705 for the construction of 37 residential units, subject to the
Conditions of Approval.
SECTION 4. 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 _ day of 2023.
Sean Dang, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel H. Richman, City Attorney
Exhibit:
A. Conditions of Approval
Ericka Hernandez, City Clerk
Planning Commission Meeting
December 19, 2022
Page 40 of 62
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. 2023-04 was duly adopted by the
City Council of the City of Rosemead, California, at a regular meeting thereof held on the
day of , 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
Planning Commission Meeting
December 19, 2022
Paoe 41 of 62
EXHIBIT "D"
ORDINANCE NO. 1013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
FOR THE APPROVAL OF PLANNED DEVELOPMENT 22-01 AND
ZONE CHANGE 22-01, AMENDING THE ZONING MAP OF THE
SUBJECT SITE FROM SINGLE FAMILY RESIDENTIAL (R-1) TO
PLANNED DEVELOPMENT (P -D) ZONE. THE SUBJECT SITE IS
LOCATED AT 8601 MISSION DRIVE (APNS: 5389-009-029,030, and 031).
WHEREAS, on February 17, 2022, Mission Villas, LLC submitted entitlement
applications for the construction of 37 residential units; and
WHEREAS, 8601 Mission Drive is located in the R-1 zone; and
WHEREAS, Rosemead Municipal Code Section 17.24.040 and 17.152.060 provides the
criteria for a planned development; and
WHEREAS, Rosemead Municipal Code Section 17.152.060 provides the purpose and
criteria for a zone change; and
WHEREAS, Sections 65800 & 65900 of the California Government and Rosemead
Municipal Code Sections 17.24.040 and 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 general plan amendment and planned
development; and
WHEREAS, in September 2022, 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 a Mitigated Negative Declaration.
WHEREAS, on December 19, 2022, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Zone Change 22-01
and Planned Development 22-01; and
WHEREAS, on December 29, 2022, eighty-two (82) notices were sent to property
owners within a 300 -feet radius from the subject property and to person(s) who have filed a
written request with the City's Clerk Office. In addition, the notice was posted at 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
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December 19, 2022
Pace 42 of 62
hearing for Planned Development 22-01 and Zone Change 22-01, pursuant to California
Government Code Section 65091(a)(3); and
WHEREAS, the City Council held a duly noticed public hearing on January 10, 2023, to
consider the approval of Zone Change 22-01 and Planned Development 22-01; and
WHEREAS, the City Council fully studied the proposed Zone Change 22-01 and
Planned Development 22-01 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 Planned Development Review 22-01 in accordance with Rosemead
Municipal Code Section 17.24.040 and 17.152.060(B) as follows:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan.
FINDING: According to the General Plan and Zoning Ordinance Consistency Table in
the General Plan, the P -D zone is a corresponding zoning district to the Medium Density
Residential land use designation. For this reason, the proposed amendment is consistent with the
General Plan. In addition, the subject site is not located in a specific plan area.
B. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
FINDING: The P -D district is intended to provide for developments that are
characterized by innovative use and design concepts. This zone provides for a new
development to offer amenities, quality, design excellence and other similar benefits to the
community and not be inhibited by strict numerical development standards. The subject site is
located in a residential neighborhood and will continue as a residential use, therefore, the
development of 37 residential units will not be detrimental to the public interest, health safety,
convenience, or welfare of the City.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for the
proposed project pursuant to Section 15070(b) of 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 the project will not have a significant effect on the
Planning Commission Meeting
December 19, 2022
Paae 43 of 62
environment with the incorporation of mitigation measures and has therefore prepared a Draft
Mitigated Negative Declaration.
C. The proposed amendment is internally consistent with other applicable provisions of
this Zoning Code.
FINDING: The P -D zone is intended to provide for developments that are characterized
by innovative use and design concepts. The minimum area for a P -D project is one acre. The
subject site consists of three vacant parcels totaling approximately 3.378 acres of land. In
addition, the proposed development would be in compliance with the applicable development
standards of the Rosemead Zoning Code.
D. The affected site is physically suitable in terms of design, location, operating
characteristics, shape, size, topography, and the provision of public and emergency vehicle
access, and public services and utilities and is served by highways and streets adequate in width
and improvement to carry the kind and quantity of traffic the proposed use would likely
generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize,
or otherwise constitute a hazard to the property or improvements in the vicinity in which the
property is located.
FINDING: The P -D zone is designated to accommodate various types of development
such as residential developments. The minimum lot area for a P -D project is one acre. The
subject site consists of three vacant parcels totaling approximately 3.378 acres of land. The
proposed development would be in compliance with the applicable development standards of the
Rosemead Zoning Code.
A trip generation and vehicle miles traveled (VMT) screening analysis was prepared for
the project by Environmental Planning Development (EDP) Solutions, Inc. The technical
memorandum evaluated the trip generation and need to prepare a level of service (LOS) or
vehicle miles traveled (VMT) analysis for the proposed project based on the City of
Rosemead's Transportation Study Guidelines for VMT and LOS Assessment. If a project meets
one of the following three criteria listed in the Rosemead's Transportation Study Guidelines for
VMT and LOS Assessment, then the VMT impact of the project would be considered less than
significant and no further analysis would be required. The proposed project was able to satisfy
Screening Criteria 2 — Low VMT Area. The City Engineer has reviewed the VMT analysis and
on -street parking evaluation and found it acceptable and the VMT analysis has been included
into in the Mitigated Negative Declaration.
SECTION 2. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts
do exist to justify approving Zone Change 22-01 in accordance with Rosemead Municipal Code
Section 17.152.060(B) as follows:
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December 19, 2022
Page 44 of 62
A. The amendment is internally consistent with all other provisions of the General
Plan.
FINDING: The proposed zone change will amend the Zoning Map of the subject site
from the R-1 to P -D zone. In addition, the proposed amendment will change the land use
designation of the subject parcel from Low Density Residential to Medium Density Residential.
According to the General Plan and Zoning Ordinance Consistency Table in the General Plan, the
P -D zone is a corresponding zoning district to the Medium Density Residential land use
designation. For this reason, the proposed amendment is consistent with the General Plan. In
addition, the subject site is not located in a specific plan area.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
FINDING: The existing zone of the subject site is R-1. The subject site consists of three
vacant parcels totaling approximately 3.378 acres of land. The proposed amendment would
change the zone from R-1 to P -D for the construction of 37 residential units. The subject site is
located in residential neighborhood and will continue as a residential use, therefore, will not be
detrimental to the public interest, health, safety, convenience, or welfare of the City.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for the
proposed project pursuant to Section 15070(b) of 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 the project will not have a significant effect on the
environment with the incorporation of mitigation measures and has therefore prepared a Draft
Mitigated Negative Declaration.
C. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
FINDING: The proposed amendment would change the zone from R-1 to P -D for the
construction of 37 residential units. The P -D zone is intended to provide for developments that
are characterized by innovative use and design concepts. The minimum area for a P -D project is
one acre. The subject site consists of three vacant parcels totaling approximately 3.378 acres of
land. In addition, the proposed development would be in compliance with the applicable
development standards of the Rosemead 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.
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December 19, 2022
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FINDING: The subject site is located in a residential neighborhood and will continue as
a residential use, therefore, the zone change to a P -D zone is physically suitable for a 3.378 acre
site. The subject site is currently surrounding by a majority of residential uses. The proposed
residential units would not endanger, jeopardize, or otherwise constitute a hazard to the property
or improvements in the vicinity in which the property is located.
In addition, a trip generation and vehicle miles traveled (VMT) screening analysis was
prepared for the project by Environmental Planning Development (EDP) Solutions, Inc. The
technical memorandum evaluated the trip generation and need to prepare a level of service
(LOS) or vehicle miles traveled (VMT) analysis for the proposed project based on the City of
Rosemead's Transportation Study Guidelines for VMT and LOS Assessment. If a project meets
one of the following three criteria listed in the Rosemead's Transportation Study Guidelines for
VMT and LOS Assessment, then the VMT impact of the project would be considered less than
significant and no further analysis would be required. The proposed project was able to satisfy
Screening Criteria 2 — Low VMT Area. The City Engineer has reviewed the VMT analysis and
on -street parking evaluation and found it acceptable and the VMT analysis has been included
into in the Mitigated Negative Declaration.
SECTION 3. The City Council HEREBY AMENDS the City's Zoning Map to change
the zone of 8601 Mission Drive from R-1 to P -D.
SECTION 4. Severability. The City Council hereby declares that, should any provision,
section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part
thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of
competent jurisdiction or by reason of any preemptive legislation, such decision or action shall
not affect the validity of the remaining section or portions of the Ordinance or part thereof The
City Council hereby declares that it would have independently adopted the remaining provisions,
sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance
irrespective of the fact that any one or more provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words may be declared invalid or unconstitutional.
SECTION 5. 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 6. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
Planning Commission Meeting
December 19, 2022
Page 46 of 62
PASSED, APPROVED, AND ADOPTED this day of , 2022.
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
Exhibit:
A. Conditions of Approval
Sean Dang, Mayor
ATTEST:
Ericka Hernandez, City Clerk
Planning Commission Meeting
December 19, 2022
Page 47 of 62
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. 1013 was first
introduced at the regular meeting of , 2023 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 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
Planning Commission Meeting
December 19, 2022
Page 48 of 62
EXHIBIT "E"
GENERAL PLAN AMENDMENT 22-01, ZONE CHANGE 22-01
PLANNED DEVELOPMENT REVIEW 22-01, AND TENTATIVE TRACT MAP 83705
(EXHIBIT "A" OF CITY COUNCIL RESOLUTION 2023-02, CITY COUNCIL
RESOLUTION 2023-04, AND ORDINANCE 1013)
8601 MISSION DRIVE
(APNS: 5389-009-029, 030, AND 031)
CONDITIONS OF APPROVAL
JANUARY 10, 2023
Standard Conditions of Approvals
1. General Plan Amendment 22-01, Zone Change 22-01 Planned Development Review 22-01,
and Tentative Tract Map 83705 ("Project') are approved for the construction of 37
residential units, in accordance with the preliminary plans marked Exhibit "G", dated
December 5, 2022. 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 and Building Divisions and the Public Works
Department.
4. Approval of Project shall not take effect for any purpose until the applicant(s) have filed
with the City of Rosemead ("City") a notarized affidavit stating that he/she is aware of and
accepts all of the conditions of approval as set forth in the letter of approval and this list of
conditions within ten (10) days from the City Council approval date.
5. The on-site public hearing notice posting shall be removed by the end of the 10 -day appeal
period of Project.
6. Project is approved for a period of one (1) year. The applicant(s) shall commence the
approved project or request an extension within 30 calendar days prior to expiration. The
one (1) year initial approval period shall be effective from the 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.
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December 19, 2022
Page 49 of 62
7. The City Council hereby authorizes the Planning Division to make and/or approve minor
modifications to the project and to these conditions of approval.
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 Engineering Division 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 Engineering
Division 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
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December 19, 2022
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from public view or adequately screened by landscaping or screening walls so as not to be
seen from the public right-of-way.
17. All new roof -top appurtenances and equipment shall be adequately screened from view to
the satisfaction of the Planning Division. Such equipment shall not exceed the height of the
parapet wall. There shall be no mechanical equipment located on the sides of the building.
18. The parking area, including handicapped spaces, shall be paved and re -painted periodically
to City standards to the satisfaction of the Planning Division. In accordance with the
Rosemead Municipal Code, all designated parking stalls shall be double striped. Such
striping shall be maintained in a clear, visible, and orderly manner to the satisfaction of the
Planning Division.
19. Violations of the conditions of approval may result in citation and/or initiation of revocation
proceedings.
Proiect Specific Conditions of Approval
20. The applicant shall enter into an agreement with the City of Rosemead to ensure that four
units are designated as affordable, including the use of the City's Down Payment Assistance
Program. The agreement shall be reviewed and approved by the City prior to the issuance of
Building Permits.
21, Development Impact Fees shall be paid prior to issuance of the final Certificate of
Occupancy for the project.
22. 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.
23. A final wall/fence 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 match or complement the
residential buildings in color, material, and design.
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24. 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.
25. All parking spaces comply with the currently applicable section of the Rosemead Municipal
Code. All covered parking spaces shall be free and clear with no obstruction.
26. 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.
27. 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 be mailed ten days
prior to commencement.
28. Any exterior lighting shall be fully shielded and directed downwards as to not project over
the property lines of the subject site.
29. Prior to issuance of any building permit related to this project, the Applicant shall prepare
Covenant Conditions and Restrictions (CC&R's) or other similar recorded instrument
indicating how and who will maintain proposed common areas. The CC&R's shall be
prepared by the Applicant and approved by the City Attorney and shall include the
following statements: "This statement is intended to notify all prospective property owners
of certain limitations on construction to residential dwellings contained in this planned
development project. Any necessary modifications or additions must be reviewed on a
case-by-case basis and approved or denied by the Community Development Director or
his/her designee at his/her discretion". The CC&R's will cover all aspects of property
maintenance of the common areas, including but not limited to driveways, fencing,
landscaping, lighting, parking spaces, open space and recreational areas. All applicable City
Attorney fees shall be at the responsibility of the applicant.
30. The applicant shall include provisions in the CC&R's to provide maintenance of all building
improvements, on -grade parking and landscaping, and maintenance of the driveway, in a
manner satisfactory to the Planning Division, and in a form acceptable to the City Attorney.
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December 19. 2022
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31. The subdivider shall include provisions in the CC&R's to require regular trash pickup
service at least once a week for the residential trash bins. All residential trash bins shall
remain within the development. No residential trash bins shall be placed in the public right-
of-way at any time.
32. Planning Division approval of sign plans must be obtained prior to obtaining building
permits and/or installation for any signs.
Public Works Conditions of Approval
General
33. Copy all conditions of approval and the Planning decision letter onto all permit plan sets.
34. The proposed project is subject to LID and NPDES requirements. Developer shall integrate
LID strategies into the site design. Grading Plans will not be approved until the LID
requirements have been met.
35. The following note shall be added to the final plans: "A record drawing shall be submitted
to the City, before the release of the permit, that delineates and incorporates all
modifications that were approved and incorporated during construction."
36. 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.
37. 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 to the
satisfaction of the City Engineer or designee. Rehabilitation includes existing and new
traffic control devices including but not limited to pavement markers, striping, and markings
to the satisfaction of the City Engineer. All striping and markings shall be a minimum of
two coats of thermoplastic paint. This work is to be performed or the in -lieu fee shall be
paid prior to the issuance of the final Certificate of Occupancy for the project.
38. 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.
39. Dedicate street R/W to match the ultimate R/W condition.
40. The required street improvements shall include those portions of roadways contiguous to the
subject property and include:
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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.
41. Details shown on the tentative map are not necessarily approved. Any details which are
inconsistent with requirements of ordinances, general conditions of approval, or City
Engineer's policies must be specifically approved in the final map or improvement plan
approvals.
42. A final tract map prepared by, or under the direction of a Registered Civil Engineer
authorized to practice land surveying or a Licensed Land Surveyor, must be processed
through the City Engineer's office before being filed with the County Recorder.
43. A preliminary subdivision guarantee is required showing all fee interest holders and
encumbrances. An updated title report shall be provided before the final parcel map is
released for filing with the County Recorder.
44. The final tract map shall be based on a field survey, and monuments shall be set to
permanently mark parcel map boundaries, street centerlines and lot boundaries to the
satisfaction of the City Engineer. The basis of bearing used for the field survey required for
the final map shall include two survey well monuments found or set. The City Engineer may
waive this requirement upon petition should this be impractical. Well monuments shall be
set in accordance with Standard Plan No. S08-001.
45. Final tract map shall be filed with the County Recorder and one (1) Mylar copy of the filed
map shall be submitted to the City Engineer's office. Certificate of Occupancy will not be
issued until the City has received the PDF and Mylar copy of the filed map.
46. Comply with all requirements of the Subdivision Map Act.
47. Approval for filling of this land division is contingent upon approval of plans and
specifications mentioned below.
48. The City reserves the right to impose any new plan check and/or permit fees approved by
City Council subsequent to tentative approval of this map.
49. Prior to the recordation of the final map, grading and drainage plans must be approved to
provide for contributory drainage from adjoining properties as approved by the City
Engineer, including the dedication of the necessary easements.
Planning Commission Meeting
December 19, 2022
Page 54 of 62
50. A grading and drainage plan must provide for a drainage system to the public street, to a
public drainage facility, or by means of an approved drainage easement.
51. 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.
52. 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.
53. 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.
54. If the project disturbs 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.
55. 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 detemvned the application to be complete all to the satisfaction of the Public Works
Department.
56. Submit a LID plan and comply with all NPDES requirements.
57. When applicable, a $2,000.00 fee will be required for each storm drain catch basin adjacent
to the property to retrofit pursuant Los Angeles River Trash TMDL requirements.
58. Show clearly all existing lot lines and proposed lot lines on the plans.
59. Provide a complete boundary and topographic survey.
60. Show any easement on the plans as applicable.
61. Print all Project Conditions of Approval on all plan sets.
Planning Commission Meeting
December 19, 2022
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Traffic
62. The curb lane on both sides of Mission Drive along the project frontage is not wide enough
to allow on -street parking.
63. Left turn access to the project site on Mission Drive shall be prohibited. Left turn out of the
project site on Mission Drive shall also be restricted. The applicant shall submit a Means
and Methods to achieve this result to the satisfaction of the City Engineer.
64. The project shall delineate where guest parking is expected.
65. The applicant should submit a Trip Generation Table that shows the amount of New Traffic
to be generated by this site and justification that this project is able to screen from preparing
a project level VMT analysis (preliminary test indicated that this project is eligible to be
screened as in a LOW VMT area but textual justification that proposed land use is similar to
surrounding conditions). Following City of Rosemead Transportation Study Guidelines for
Vehicle Miles Traveled and Level of Service Assessment.
Sewer
66. If applicable, approval of this land division is contingent upon providing a separate house
sewer lateral to serve each lot of the land division.
67. 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.
68. 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.
69. All existing laterals to be abandoned shall be capped at the public right of way to the
satisfaction of the City Engineer and the Building Official of the City of Rosemead.
Utilities
70. All power, telephone, cable television, and all utilities to the project and adjacent to the
project shall be installed and relocated underground.
Planning Commission Meeting
December 19, 2022
Pace 56 of 62
71. Any utilities that conflict with the development shall be relocated at the developer's expense.
72. Provide a street lighting plan and parking lot lighting plan.
Water
73. Prior to the filing of the final map, there shall also be filed with the City Engineer, a
statement from the water purveyor indicating compliance with the Fire Chiefs fire flow
requirements.
74. Water hydrant, water meter box and utilities box shall be located 8 feet away from parkway
trees and 3 feet away from driveway approach.
LA County Fire Department Conditions of Approval
Final Map Requirements
75. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County
of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles
Fire Code), which requires an all-weather access surface to be clear to sky.
76. The Private Driveways proposed as private streets for access throughout the development
shall be labeled as "Private Driveway" on the Final Map. The portion of the private
driveway intended for fire apparatus access shall be identified as "Fire Lane" on the Final
Map. All widths and dimensions shall be clearly delineated with a reciprocal access
agreement is required for all private driveways. Compliance required prior to Final Map
clearance.
77. The Final Map shall be submitted to our office for review and approval prior recordation.
Water
78. Install one new public fire hydrant. Location: Mission Drive, as shown on the approved
Tentative Map dated 03/02/2022.
79. Install two private on-site fire hydrants as shown on the approved Tentative Map dated
03/02/2022.
80. The required fire flow for this project is 1000 gpm for 2 hours at 20 psi.
81. All fire hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current
AW WA standard C503 or approved equal, and shall be installed in accordance with the
County of Los Angeles Fire Code.
Planning Commission Meeting
December 19, 2022
Page 57 of 62
Mitigation Measure Conditions
Biological Resources
82. Migratory Bird Treaty Act - Prior to commencement of grading activities, the City
Building Department, shall verify that in the event that vegetation and tree removal
activities occur within the active breeding season for birds (February I—September 15), the
Project applicant (or their Construction Contractor) shall retain a qualified biologist
(meaning a professional biologist that is familiar with local birds and their nesting
behaviors) to conduct a nesting bird survey no more than 3 days prior to commencement of
construction activities. The nesting survey shall include the Project site and areas
immediately adjacent to the site that could potentially be affected by Project -related
construction activities, such as noise, human activity, and dust, etc. If active nesting of
birds is observed within 100 feet of the designated construction area prior to construction,
the qualified biologist shall establish an appropriate buffer around the active nests (e.g., as
much as 500 feet for raptors and 300 feet for non -raptors [subject to the recommendations
of the qualified biologist]), and the buffer areas shall be avoided until the nests are no
longer occupied and the juvenile birds can survive independently from the nests.
Cultural Resources/Tribal
83. Archaeological Monitoring - The Applicant shall retain a qualified archaeologist to
perform archaeological monitoring and the archaeologist shall be present during initial
ground -disturbing activities (e.g., site preparation and grading) to identify and assess any
known or suspected archaeological and/or cultural resource. The qualified archaeologist
shall develop a Cultural Resources Management Plan to address the details, timing, and
responsibility of all archaeological and cultural resource activities that occur on the Project
site. The plan shall include a scope of work, project grading and development scheduling,
pre -construction meeting (with consultants, contractors, and monitors), a monitoring
schedule during all initial ground -disturbance related activities, safety requirements, and
protocols to follow in the event of previously unknown cultural resources discoveries that
could be subject to a cultural resources evaluation. The plan shall be submitted to the City
and the Consulting Tribe(s) for review and comment, prior to final approval by the City.
84. Native American Monitoring - 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 Gabrielefto 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
Planning Commission Meefing
December 19, 2022
Pace 58 of 62
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.
Upon discovery of any Tribal Cultural Resources, construction activities shall cease in the
immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be
assessed. All Tribal Cultural Resources unearthed by Project activities shall be evaluated
by the qualified archaeologist and Tribal monitor approved by the Consulting Tribe. If the
resources are Native American in origin, the Consulting Tribe shall retain it/them in the
form and/or manner the Tribe deems appropriate, for educational, cultural and/or historic
purposes. If human remains and/or grave goods are discovered or recognized at the Project
site, all ground disturbance shall immediately cease, and the county coroner shall be
notified per Public Resources Code Section 5097.98, and Health & Safety Code Section
7050.5. Human remains and grave/burial goods shall be treated alike per California Public
Resources Code section 5097.98(d)(1) and (2). Work may continue on other parts of the
Project site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines
Section 15064.5[fj). If a non -Native American resource is determined by the qualified
archaeologist to constitute a "historical resource" or "unique archaeological resource,"
time allotment and funding sufficient to allow for implementation of avoidance measures,
or appropriate mitigation, must be available. The treatment plan established for the
resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical
resources and PRC Sections 21083.2(b) for unique archaeological resources. Preservation
in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is
not feasible, treatment may include implementation of archaeological data recovery
excavations to remove the resource along with subsequent laboratory processing and
analysis. Any historic archaeological material that isnot 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.
85. Human Remains - Should human remains be discovered during Project construction, the
Project would be required to comply with State Health and Safety Code Section 7050.5,
which states that no further disturbance may occur in the vicinity of the body until the
County Coroner has made a determination of origin and disposition pursuant to Public
Resources Code Section 5097.98. The County Coroner must be notified of the find
immediately. If the remains are determined to be prehistoric, the Coroner will notify the
Native American Heritage Commission, which will determine the identity of and notify a
Most Likely Descendant (MLD). With the permission of the landowner or his/her
authorized representative, the MLD may inspect the site of the discovery. The MLD must
complete the inspection within 48 hours of notification by the NAHC.
Paleontological
86. Incidental Discoveries - Prior to issuance of a grading permit, the City of Rosemead
Planning Department shall verify that all Project grading and construction plans and
Planning Commission Meeting
December 19, 2022
Page 59 of 62
specifications state that in the event that potential paleontological resources are discovered
during excavation, grading, or construction activities, work shall cease within 50 feet of the
find until a qualified paleontologist (i.e., a practicing paleontologist that is recognized in the
paleontological community and is proficient in vertebrate paleontology) from the City or
County List of Qualified Paleontologists has evaluated the find and established a protocol for
addressing the find, in accordance with federal and state regulations. Construction personnel
shall not collect or move any paleontological materials and associated materials. If any fossil
remains are discovered, the paleontologist shall make a recommendation if monitoring shall
be required for the continuance of earth moving activities, and shall provide such monitoring
if required.
Noise
87. Construction Vibration - Project plans and specifications shall include the requirement that
that operation of any heavy equipment shall be prohibited within 15 feet of existing
residences to the north and east. If heavy equipment is necessary within 15 feet of existing
structures, the following measures shall be implemented:
a. Identify structures that could be affected by ground-bome vibration and would be
located within 15 feet of where heavy construction equipment would be used.
This task shall be conducted by a qualified structural engineer as approved by the
City's Director of Community Development or designee.
b. Develop a vibration monitoring and construction contingency plan for approval
by the City's Director of Community Development, or designee, to identify
structures where monitoring would be conducted; set up a vibration monitoring
schedule; define structure -specific vibration limits; and address the need to
conduct photo, elevation, and crack surveys to document before and after
construction conditions. Construction contingencies such as alternative methods
or equipment that would generate lower vibration levels would be identified for
when vibration levels approached the limits.
c. At a minimum, monitor vibration during initial demolition activities. Monitoring
results may indicate the need for more intensive measurements if vibration levels
approach the 0.2 PPV (in/see) threshold.
d. When vibration levels approach the 0.2 PPV (in/sec) limit, suspend construction
and implement contingencies identified in the approved vibration monitoring and
construction contingency plan to either lower vibration levels or secure the
affected structures.
Planning Commission Meeting
December 19, 2022
Page 60 of 62
Aesthetics
88. Light and Glare - Pursuant to Municipal Code Chapter 17.88, exterior lighting shall be of
low intensity and shielded so that light will not spill out onto surrounding properties or
Project above the horizontal plane.
Air Quality
89. Rule 402 - The construction plans and specifications shall state that the Project is required to
comply with the provisions of South Coast Air Quality Management District (SCAQMD)
Rule 402. The Project shall not discharge from any source whatsoever such quantities of air
contaminants or other material which cause injury, detriment, nuisance, or annoyance to any
considerable number of persons or to the public, or which endanger the comfort, repose,
health or safety of any such persons or the public, or which cause, or have a natural tendency
to cause, injury or damage to business or property.
90. Rule 403 - The construction plans and specifications shall state that the Project is required to
comply with the provisions of South Coast Air Quality Management District (SCAQMD)
Rule 403, which includes the following:
a. All clearing, grading, earth -moving, or excavation activities shall cease when
winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust
emissions.
b. The contractor shall ensure that all disturbed unpaved roads and disturbed areas
within the Project are watered, with complete coverage of disturbed areas, at least
3 times daily during dry weather; preferably in the mid-morning, afternoon, and
after work is done for the day.
c. The contractor shall ensure that traffic speeds on unpaved roads and Project site
areas are reduced to 15 miles per hour or less.
91. Rule 1113 - The construction plans and specifications shall state that the Project is required
to comply with the provisions of South Coast Air Quality Management District Rule
(SCAQMD) Rule 1113. Only "Low -Volatile Organic Compounds" paints (no more than 50
gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.
Energy
92. California Energy Code Compliance - The Project is required to comply with the 2019
California Energy Code as included in the City's Municipal Code (Chapter 12.24) to ensure
efficient use of energy. California Energy Code specifications are required to be
incorporated into building plans as a condition of building permit approval.
Planning Commission Meeting
December 19, 2022
Page 61 of 62
Geology
93. California Building Code - The Project is required to comply with the California Building
Code as included in the City's Municipal Code Chapter 15.04 to preclude significant
adverse effects associated with seismic hazards. California Building Code related and
geologist and/or civil engineer specifications for the Project are required to be incorporated
into grading plans and specifications as a condition of Project approval.
94. SWPPP - Prior to grading permit issuance, the Project developer shall have a Stormwater
Pollution Prevention Plan (SWPPP) prepared by a QSD (Qualified SWPPP Developer) in
accordance with the City's Municipal Code Chapter 13.16 Stormwater Management and
Discharge Control and the Los Angeles County RWQCB NPDES Storm Water Permit
Order No. R4-2012- 0175. The SWPPP shall incorporate all necessary Best Management
Practices (BMPs) and other NPDES regulations to limit the potential of erosion and polluted
runoff during construction activities. Project contractors shall be required to ensure
compliance with the SWPPP and permit periodic inspection of the construction site by City
of Rosemead staff or its designee to confirm compliance.
Water Quality
95. Stormwater Pollution Prevention Plan - Prior to grading permit issuance, the Project
developer shall have a Stormwater Pollution Prevention Plan (SWPPP) prepared by a
Qualified SWPPP Developer (QSD) in accordance with the City's Municipal Code Chapter
13.16 and the Los Angeles Regional Water Quality Control Board National Pollution
Discharge Elimination System (NPDES) Storm Water Permit Order No. R4-2012-0175
(MS4 Permit). The SWPPP shall incorporate all necessary Best Management Practices
(BMPs) and other NPDES regulations to limit the potential of erosion and polluted runoff
during construction activities. Project contractors shall be required to ensure compliance
with the SWPPP and permit periodic inspection of the construction site by the City of
Rosemead staff to confirm compliance.
96. Water Quality Management Plan - Prior to grading permit issuance, the Project applicant
shall have a Water Quality Management Plan (WQMP) approved by the City for
implementation. The Project shall comply with the City's Municipal Chapter 13.16 and the
Municipal Separate Storm Sewer System (MS4) permit requirements in effect for the
Regional Water Quality Control Board (RWQCB) at the time of grading permit to control
discharges of sediments and other pollutants during operations of the Project.
Noise
97. Construction Hours - Per Municipal Code Chapter 8.36, construction and demolition
activities may only occur between the hours of 7:00 a.m. and 8:00 p.m. on weekdays,
including Saturday. Construction activities should not take place at any time on Sunday or a
federal holiday. No person shall operate or allow the operation of any tools or equipment
used in construction, drilling, repair, or alteration or demolition work outside of these hours
Planning Commission Meeting
December 19, 2022
Page 62 of 62
to prevent noise disturbances.
98. Best Construction Practices - In addition to compliance with the City's Municipal Code
allowed hours of construction of 7:00 a.m. to 8:00 p.m., Monday through Saturday,
excluding Sunday and holidays, the following recommendations would reduce construction
noise to the extent feasible:
a. The Project construction contractor should equip all construction equipment, fixed
or mobile, with properly operating and maintained noise mufflers, consistent with
manufacturer's standards.
b. The Project construction contractor should locate staging areas away from off-site
sensitive uses during the later phases of Project development.
c. The Project construction contractor should place all stationary construction
equipment so that emitted noise is directed away from sensitive receptors nearest
the Project site whenever feasible.
Public Services
99. School Fees - Prior to the issuance of a building permit, the applicant shall provide
payment of the appropriate fees set forth by the applicable school districts related to the
funding of school facilities pursuant to Government Code Section 65995 et seq.
Utilities
100. Solid Waste - As required by Municipal Code Chapter 8.32, Section 8.32.0 10 of the 2016
California Green Building Standards Code, and AB 341 the Project shall implement a
Waste Management Plan to ensure that the construction and operational diversion
requirements would be met.
11766 W
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B O R S T E I N T 310 5821 1991 Bo FI310r58211999 20 boorsleinenterp ses com 90025
ENTERPRISES
March 24, 2022
(Hand Delivered)
Regarding: your neighboring property located at 8601 Mission Drive, Rosemead CA
Dear Neighbor,
Please allow me to introduce ourselves. This past January we purchased the vacant property located
behind your homes from the LDS Church. We have had the opportunity to meet or talk with a few of
you already a few months ago but wanted to formally introduce ourselves and provide you with an
update on our intended use of the property. We are still in the early planning stages to develop a
quality community of 33 market rate and 4 affordable single-family homes on site. The proposed
community will provide new nicely appointed housing to the city, that is in need of new housing. The
community will include traditional two-story detached homes with usable rear yards, and trees are
proposed along the edge of the property adjacent to your rear yards for added privacy. The City
approval process is expected to take approximately 10 months and we would be happy to meet with
you to share our plans further.
For information on Borstein Enterprises, please go to: www.borsteinenterprises.com
Additionally with this letter we would like to inform you that we will be performing some minor soil
removal in the coming days along the west property line, closer to the Edison lines. We expect the
work to commence on March 281i, 2022 and take about one week to complete. This is a temporary
effort to dean up some buried debris left behind by the previous owner and will not impact you in any
way other than you will see and hear the construction equipment during working hours while the work
is being done. We wanted to inform you of our efforts so that it did not come as a surprise. The City
of Rosemead has reviewed the plans and issued permits for the work. The work hours will be 730am
till 430pm, daily.
Please let us know if you have any questions regarding this effort. We would be happy to meet with
you to share our plans, get your feedback and keep you apprised of the process.
Thank you for your time and understanding.
Respectfully,
Erik Pfahler
erikna borsteinenteturises.com
310-582-1991, ext. 203
EXHIBIT H
1 %0 L. IIi1 NN (:1111( )R%IA
EDISON'
4n f'wii)\'1\7ffi441iV\5!r''.
Delivery via Email
December 13, 2022
Michael Schneider
UTILITY CONSULTANTS OF
ORANGE COUNTY
23101 Moulton Parkway, Ste. 202
Laguna Hills, CA 92653
RE: Inquiry to License — Notice of Denial
Proposed Use: Landscaping and irrigation
Property Location: Walnut Grove and Mission Drive, Rosemead
I am writing to express support for an application submitted by Michael Schneider for irrigation and
landscaping within SCE fee owned Right of way. A portion of the proposed landscaping and irrigation
would utilize SCE's transmission right of way property located at Walnut Grove and Mission Drive,
Rosemead.
Pursuant to your inquiry, SCE has evaluated your request for third party use of SCE property.
Your request is respectfully denied based on the following factors:
Licenses can be terminated for any reason, upon short notice.
California Public Utilities Commission (CPUC) General Order (GO) No. 69-C does not allow for
nonrevocable agreements that could impede the use of SCE property or impact future expansion
of the right of way and is included in all of SCE's licenses.
Thank you for the opportunity to review your inquiry. Should you have any questions, Ican becontacted at909-
2741076 or at Bennv.CastilloCoDsce.com.
Sincerely,
Benny Castillo
Sr. ROW Agent, Metro East
Southern California Edison Company
Vegetation & Land Management
2Innovation Way
Pomona, CA 91768
EXHIBIT I
LOS ANGELES COUNTY
SANITATION DISTRICTS
Converting Waste Into Resources
Ms. Annie Lao, Associate Planner
City of Rosemead
8838 East Valley Boulevard
Rosemead, CA 91770
Dear Ms. Lao:
Robert C. Ferrante
Chief Engineer and General Manager
1955 Workman Mill Road. Whittier, CA 90601-1400
Mailing Address: P.O. Box 4998, Whittier, CA 90607-4998
(562) 699-7411 • www.lacsd.org
November 28, 2022
Ref. DOC 6756713
NOI Response to Mission Villas Residential Project
The Los Angeles County Sanitation Districts (Districts) received a Notice of Intent (NOI) to Adopt a
Mitigated Negative Declaration (MND) for the subject project on November 14, 2022. The proposed project is
located within the jurisdictional boundaries of District No. 15. We offer the following comments regarding
sewerage service:
1. The wastewater flow originating from the proposed project will discharge to a local sewer line, which is
not maintained by the Districts, for conveyance to the Districts' Grand Avenue Trunk Sewer, located in
Mission Drive at Ivar Avenue. The Districts' 18 -inch diameter trunk sewer has a capacity of 5.9 million
gallons per day (mgd) and conveyed a peak flow of 0.7 mgd when last measured in 2013.
2. The wastewater generated by the proposed project will be treated at the Whittier Narrows Water
Reclamation Plant (WRP) located near the City of South El Monte, which has a capacity of 15 mgd and
currently processes an average recycled flow of 8.3 mgd, or at the Los Coyotes WRP located in the City of
Cerritos, which has a capacity of 37.5 mgd and currently processes an average recycled flow of 17.5 mgd.
3. The expected average wastewater flow from the project, described in the MND as 29 single family homes
and 8 duplexes, is 10,036 gallons per day. For a copy of the District's average wastewater generation
factors, go to www.lacsd.org, under Services, then Wastewater Program and Permits and select Will Serve
Program, and click on the Table 1, Loadings for Each Class of Land Use link.
4. The Districts are empowered by the California Health and Safety Code to charge a fee to connect facilities
(directly or indirectly) to the Districts' Sewerage System or to increase the strength or quantity of
wastewater discharged from connected facilities. This connection fee is used by the Districts for its capital
facilities. Payment of a connection fee may be required before this project is permitted to discharge to the
Districts' Sewerage System. For more information and a copy of the Connection Fee Information Sheet,
go to www.lacsd.org, under Services, then Wastewater (Sewage) and select Rates & Fees. In determining
the impact to the Sewerage System and applicable connection fees, the Districts will determine the user
category (e.g. Condominium, Single Family Home, etc.) that best represents the actual or anticipated use
of the parcel(s) or facilities on the parcel(s) in the development. For more specific information regarding
the connection fee application procedure and fees, the developer should contact the Districts' Wastewater
Fee Public Counter at (562) 908-4288, extension 2727.
5. In order for the Districts to conform to the requirements of the Federal Clean Air Act (CAA), the capacities
of the Districts' wastewater treatment facilities are based on the regional growth forecast adopted by the
DOC 6766683.D15
Ms. Annie Lao
November 28, 2022
Southern California Association of Governments (SCAG). Specific policies included in the development
of the SCAG regional growth forecast are incorporated into clean air plans, which are prepared by the South
Coast and Antelope Valley Air Quality Management Districts in order to improve air quality in the South
Coast and Mojave Desert Air Basins as mandated by the CAA. All expansions of Districts' facilities must
be sized and service phased in a manner that will be consistent with the SCAG regional growth forecast for
the counties of Los Angeles, Orange, San Bernardino, Riverside, Ventura, and Imperial. The available
capacity of the Districts' treatment facilities will, therefore, be limited to levels associated with the approved
growth identified by SCAG. As such, this letter does not constitute a guarantee of wastewater service but
is to advise the developer that the Districts intend to provide this service up to the levels that are legally
permitted and to inform the developer of the currently existing capacity and any proposed expansion of the
Districts' facilities.
If you have any questions, please contact the undersigned at (562) 908-4288, extension 2743, or
m an d v h u ffm an (& I ac s d. o r g.
Very truly yours,
Mandy Huffman
Environmental Planner
Facilities Planning Department
I3RI:RRSi1i1
cc: A. Schmidt
A. Howard
DOC 6766683.D15
EXHIBIT J
Attachment E
Planning Commission Minutes,
Dated December 19, 2022
Minutes of the
PLANNING COMMISSION MEETING
December 19, 2022
The regular meeting of the Planning Commission was called to order by Chair Berry at 7:00 p.m.
PLEDGE OF ALLEGIANCE —Commissioner Berry
INVOCATION — Commissioner Escobar
ROLL CALL — Commissioners Escobar, Lopez, Ung, Vice -Chair Tang, and Chair Berry
STAFF PRESENT — Interim Community Development Director Wong, City Attorney Gutierrez, Planning & Economic
Development Manager Valenzuela, Associate Planner Lao, and Commission Liaison Huang
1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS
City Attorney Gutierrez presented the procedure and appeal rights of the meeting.
2. PUBLIC COMMENTS FROM THE AUDIENCE
There being no comments, Chair Lopez opened and closed the Public Comment period.
3. PUBLIC HEARINGS
A. CONDITIONAL USE PERMIT (CUP) 22.04 — Li Shou Ma of Boston Lobster, Inc. has submitted a Conditional Use
Permit application for the upgrade an existing On -Sale Beer and Wine (Type 41) to an On -Sale General (Type 47)
ABC license, for the sale of beer, wine, and distilled spirits, in conjunction with an existing bona fide sit-down
restaurant located at 4501 Rosemead Boulevard (APN: 5389-017-021). Per Rosemead Municipal Code (RMC) Table
17.16.020.1, alcohol sales for a sit-down restaurant is subject to Conditional Use Permit per RMC Section
17.30.040(E)(1). The proposed project would be an incidental use to an existing restaurant and would not increase
the floor area of the existing building. The project site is located in the Medium Commercial (C-3) zone.
PC RESOLUTION 22.08 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 22-04,
PERMITTING.A NEW ON -SALE GENERAL (TYPE 47- BEER, WINE, AND DISTILLED SPIRITS) ABC LICENSE IN
CONJUNCTION WITH A BONA FIDE SIT-DOWN RESTAURANT AT 4501 ROSEMEAD BOULEVARD (APN: 5389-
017-021), IN THE MEDIUM COMMERCIAL (C-3) ZONE.
STAFF RECOMMENDATION - It is recommended that the Planning Commission ADOPT Resolution No. 22-08 with
findings (Exhibit "A") APPROVING Conditional Use Permit 22-04, subject to the 35 conditions outlined in Attachment
"A" attached hereto and find that Conditional Use Permit 22-04 is classified as a Class 1 Categorical Exemption,
pursuant to Section 15301 of the California Environmental Quality Act guidelines.
Associate Planner Lao presented the Staff Report.
Chair Lopez opened the Public Hearing.
Commissioner Tang questioned if the on -sale ABC license Type 41 and Type 47 were distinguished on the ABC License
census tract.
Rosemead Planning Commission Meeting
Minutes of December 19, 2022
Page 1 of 5
Associate Planner Lao replied that there was no distinction, so it's either Type 41 or Type 47.
Seeing no additional questions, Chair Lopez asked if there was any public comment.
Public Comment:
Applicant representative Stanley Szeto, commended staff for fast tracking this item on the Planning Commission Agenda
and the thorough analysis in the process and has no objection to any of the conditions in the staff report. He said he
hopes the Commissioners would approve the CUP, so they can obtain the Type 47 license. He added that they also have
a Type 41 license pending because they were not certain if the business would be able to obtain the Type 47 through the
State ABC's annual drawing. He added that the pending Type 41 license, which was about to be issued by ABC, is
basically a stopgap license in case the business could not obtain the Type 47 License and it was not within the owner's
budget to purchase the license in retail market. He concluded that the business was fortunate to obtain the Type 47
License through the drawing and would like to have it in place.
Commissioner Berry inquired if the old Bahooka restaurant had an ABC license at this location.
Associate Planner Lao stated that this location did have a Type 47 license, but overtime, various restaurants have been
occupied the building, however, the license expired after being inactive for a year. For this reason, they would need to
reapply.
Chair Lopez questioned if there were any police issues in the general vicinity and asked how many licenses of this sort
were issued in the area.
Associated Planner Lao noted that according to ABC, there are no other Type 47 license in that census tract and this
would be the only one. She added that she also spoke to a Sergeant from the Sheriffs Department team, in which he
provided the crime stats and noted no concerns.
There being no additional questions or public comment, Chair Lopez closed the public hearing period.
ACTION: Commissioner Tang made a motion, seconded by Commissioner Berry, to adopt Resolution 22-08
with findings, and approve Conditional Use Permit 22-04, subject to the 35 conditions.
Vote resulted in:
Ayes: Berry, Escobar, Lopez, Tang, and Ung
Noes: None
Abstain: None
Absent: None
Roll call vote resulted in 5 Ayes and 0 Noes.
Commission Liaison Huang explained the 10 -day appeal process.
B. GENERAL PLAN AMENDMENT 22-01, ZONE CHANGE 22.01, PLANNED DEVELOPMENT 22.01, AND
TENTATIVE TRACT MAP NO. 83705 — Mission Villas, LLC is proposing the development of 37 two-story dwelling
units, eight of which will be developed utilizing the City's Small Lot Subdivision Ordinance. In addition, four out of
the 37 units will be designated as affordable units. The dwellings will range in size from 1,546 to 2,553 square feet
with four different floor plans. Of the 37 units, 29 would be four-bedroom single family dwelling units, four would
be three-bedroom duplexes, and four would be four-bedroom duplexes. All units will include an enclosed two -car
garage. The project also includes 25 guest parking spaces and access would be provided via one 40 -foot -wide
driveway on Mission Drive. In addition, the project will include new landscaping, decorative hardscape, exterior
walls and lighting, and open space areas. The project site is located at 8601 Mission Drive (APNs: 5389-009-029,
030, and 031) in the Single Family Residential (R-1) zone.
Rosemead Planning Commission Meeting
Minutes of December 19, 2022
Page 2 o/5
PC RESOLUTION 22.07 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THE CITY COUNCIL ADOPT THE
MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AS THE
ENVIRONMENTAL DETERMINATION, AND APPROVE GENERAL PLAN AMENDMENT 22-01, ZONE CHANGE
22-01, PLANNED DEVELOPMENT 22-01, TENTATIVE TRACT MAP 83705 FOR THE CONSTRUCTION OF 37
RESIDENTIAL UNITS. THE SUBJECT SITE IS LOCATED AT 8601 MISSION DRIVE (APNS: 5389-009-029,030,
AND 031), IN THE SINGLE-FAMILY RESIDENTIAL ZONE (R-1).
STAFF RECOMMENDATION - It is recommended that the Planning Commission:
1. Conduct a public hearing and receive public testimony; and
2. Adopt Planning Commission Resolution No. 22-07 with findings (Exhibit "A"), a resolution recommending that the
City Council adopt City Council Resolution No. 2023-02 (Exhibit "B"), City Council Resolution No. 2023-04 (Exhibit
"C"), and Ordinance No. 1013 (Exhibit "D") for the approval of Planned Development 22-01, Zone Change 22-01,
General Plan Amendment 22-01, and Tentative Tract Map 63705; and the adoption of the associated Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program (Exhibit "F") as the environmental
determination.
Associate Planner Lao presented the Staff Report and introduced applicant Erik Pfahler, Senior Vice President of Borstein
Enterprises to present Mission Villas, LLC PowerPoint.
Mr. Pfahler thanked the Planning Commission for taking the project under advisement, planning staff for their
professionalism and provided an introduction for Borstein Enterprises. He presented a bird's view of the project and further
discussed the project status which included feedback from the Community Workshop in November 2021, stated that the
project complies with all mandatory findings, completed the Mitigated Negative Declaration, resulting in no unmitigable
impacts, and the current processing engineering plans. Based on the feedback received, he further discussed the
responses received and dived into the project features, entryway, pocket park, project architecture, and project
sustainability.
Chair Lopez opened the Public Hearing and questioned if there's a back entrance.
Mr. Pfahler explained that there is only one entrance and it was blessed by the Fire Department.
Chair Lopez expressed that the project is really nice. He asked if Edison owns the property to the west and inquired about
the small portion to the east of the project. He noted that it would be great if Edison can add a park.
Mr. Pfahler stated that the west side belongs to Edison and the small portion to the east belongs to individual owners. He
expressed that Edison has their hands full on other projects and it took his team some lengths for them to review their
plans and details.
Vice -Chair Ung questioned if there was any consideration in dispersing the affordable housing throughout the site rather
than have them grouped in the same location.
Mr. Pfahler noted there are specific three bedroom, two and a half bath units which work really in tandem with the other
Small Lot Ordinance homes next to it. He said they felt it was a good place because its up front and it's integrated with
the other units. He added, it did not really work to move those deeper into the project as the site has an irregular shape
and they tried lots of different plotting options and this seemed to be the best.
Vice -Chair Ung noted that having the affordable housing sprinkled throughout the site would give variety and opportunities
to have different locations throughout the site instead of being grouped together.
Rosemead Planning Commission Meeting
Minutes of December 19, 2022
Page 3 of 5
Mr. Pfahler expressed that this project is small with only 37 units and its really from one end to the next, its close to the
park, front entrance, and they share the neighbor 's market rate. He added, they are definitely integrated and did not
believe it was ideal to go in further back with the other units.
Vice -Chair Ung second Chair Lopez that these are really nice homes and it would add to the residential units in the city.
Commissioner Tang commended the applicant for this project. He noted there was a preview of this project last year and
he noticed a lot of the feedback was addressed in the staff report, especially community outreach and discussion about
the easement with Edison. He said he understands how difficult it is to work with Edison and appreciated the efforts made.
He added that the City tried to build a park adjacent to the other comer of this intersection, but Edison wouldn't sign or
give a long-term lease in order to qualify for a grant. He also commended the incorporation of the Small Lot Subdivision,
which Mayor Sean Dang had initiated and has been pushing because he is really passionate about it. He further added
that he is glad to see it come to fruition and seeing it in a tangible way, and happy to hear that its being incorporated with
affordable housing. He said this project is an oddly shaped lot and building a housing community here would be difficult.
Commissioner Tang praised the applicant for planning and plotting the layout well.
Mr. Pfahler added that the workshop back in November was very helpful to developers and wished other cities did the
same. He said they received feedback early and it was nice to get it at a Planning Commission and City Council level and
applauded the City for doing so.
Chair Lopez applauded the applicant for bringing the project to the City and appreciated their efforts for addressing a lot
of the questions previously mentioned in the workshop.
Seeing no additional questions, Chair Lopez asked if there was any public comment.
Public Comment:
Commission Liaison Huang read the public comment received via email in Chinese from Mei Zhang (email was translated
to English): "Too many homes are being built, affecting the quality of life for people living in the surrounding area. It
causes too much traffic. They disapprove of having new homes built. They want a peaceful and quiet environment to live
in:'
There being no additional questions or public comment, Chair Lopez closed the public hearing period
ACTION: Commissioner Berry, seconded by Vice -Chair Ung, to adopt Resolution 22-07 with findings, a resolution
recommending that the City Council adopt City Council Resolution No. 2023-02, City Council Resolution No. 2023-04,
and Ordinance No. 1013 for the approval of Planned Development 22-01, Zone Change 22-01, General Plan Amendment
22-01, and Tentative Tract Map 83705; and the adoption of the associated Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program as the environmental determination.
Vote resulted in:
Ayes: Berry, Escobar, Lopez, Tang, and Ung
Noes: None
Abstain: None
Absent: None
Roll call vote resulted in 5 Ayes and 0 Noes.
Commission Liaison Huang explained the 10 -day appeal process
4. CONSENT CALENDAR
Rosemead Planning Commission Meeting
Minutes of December 19, 2022
Page 4 of 5
A. PC MINUTES 10.03.22
Commissioner Berry made a motion, seconded by Commissioner Tang, to approve PC Minutes 10-03-22 as presented.
Vote resulted in:
Ayes:
Berry, Escobar, Lopez, Tang, and Ung
Noes:
None
Abstain:
None
Absent:
None
Roll call vote resulted in 5 Ayes and 0 Abstain.
5. MATTERS FROM STAFF
Planning and Economic Development Manager Valenzuela wished the Planning Commission a Merry Christmas and
Happy New Year.
6. MATTERS FROM THE CHAIR & COMMISSIONERS
Vice -Chair Ung expressed she really enjoyed Santa Claus driving through the neighborhood.
Chair Lopez inquired about future meetings.
Planning and Economic Development Manager Valenzuela provided an update on holiday closures and meeting
cancellations in January.
7. ADJOURNMENT
Chair Lopez adjourned the meeting at 7:35 p.m.
ATTEST:
Janice Huang
Administrative Assistant
Rosemead Planning Commission Meeting
Minutes of December 19, 2022
Page 5 of 5
Daniel Lopez
Chair
Attachment F
Planning Commission Resolution No. 22-07
PC RESOLUTION 22-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING THE CITY COUNCIL ADOPT THE MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM AS THE ENVIRONMENTAL DETERMINATION,
AND APPROVE PLANNED DEVELOPMENT 22-01, ZONE CHANGE 22-
01, GENERAL PLAN AMENDMENT 22-01, AND TENTATIVE TRACT
MAP 83705 FOR THE CONSTRUCTION OF 37 RESIDENTIAL UNITS.
THE SUBJECT SITE IS LOCATED AT 8601 MISSION DRIVE (APNS:
5389-009-029, 030, AND 031), IN THE SINGLE FAMILY RESIDENTIAL
ZONE (R-1).
WHEREAS, on February 17, 2022, Mission Villas, LLC submitted entitlement
applications for the construction of 37 residential units; and
WHEREAS, 8601 Mission Drive is located in the R-1 zone; and
WHEREAS, Rosemead Municipal Code Section 17.24.040 and 17.152.060
provides the criteria for a planned development; and
WHEREAS, Rosemead Municipal Code Section 17.152.060 provides the purpose
and criteria for a zone change and general plan amendment; and
WHEREAS, Section 66474 et seq of the Subdivision Map Act and Rosemead
Municipal Code Chapter 16.04 provides the criteria for a tentative tract map; and
WHEREAS, Sections 65800 & 65900 of the California Government and Rosemead
Municipal Code Sections/Chapter 16.04, 17.24.040 and 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 general plan amendment and planned development; and
WHEREAS, in September 2022, 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 a Draft Mitigated Negative Declaration.
WHEREAS, on November 10, 2022, eighty-two (82) notices were sent to property
owners within a 300 -feet radius from the subject property and to person(s) that have filed
a written request with the City's Clerk Office. In addition the notice was posted at 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 Planned Development Review 22-01, Zone Change
22-01, General Plan Amendment 22-01, and Tentative Tract Map 83705, pursuant to
California Government Code Section 65091(a)(3); and
WHEREAS, on December 19, 2022, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to the
Mitigated Negative Declaration, Planned Development Review 22-01, Zone Change 22-
01, General Plan Amendment 22-01, and Tentative Tract Map 83705; 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 Mitigated Negative Declaration and HEREBY RECOMMENDS that the City Council
adopt the Mitigated Negative Declaration as the environmental clearance for General
Plan Amendment 22-01, Zone Change 22-01 Planned Development Review 22-01, and
Tentative Tract Map 83705.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Planned Development Review 22-01 in accordance
with Rosemead Municipal Code Section 17.24.040 and 17.152.060(B) as follows:
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan.
FINDING: According to the General Plan and Zoning Ordinance Consistency
Table in the General Plan, the P -D zone is a corresponding zoning district to the Medium
Density Residential land use designation. For this reason, the proposed amendment is
consistent with the General Plan. In addition, the subject site is not located in a specific
plan area.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
FINDING: The P -D district is intended to provide for developments that are
characterized by innovative use and design concepts. This zone provides for a new
development to offer amenities, quality, design excellence and other similar benefits to
the community and not be inhibited by strict numerical development standards. The
subject site is located in a residential neighborhood and will continue as a residential
use, therefore, the development of 37 residential units will not be detrimental to the
public interest, health safety, convenience, or welfare of the City.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for
the proposed project pursuant to Section 15070(b) of 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 the project will not have
a significant effect on the environment with the incorporation of mitigation measures and
has therefore prepared a Draft Mitigated Negative Declaration.
C. The proposed amendment is internally consistent with other applicable
provisions of this Zoning Code.
FINDING: The P -D zone is intended to provide for developments that are
characterized by innovative use and design concepts. The minimum area for a P -D
project is one acre. The subject site consists of three vacant parcels totaling
approximately 3.378 acres of land. In addition, the proposed development would be in
compliance with the applicable development standards of the Rosemead Zoning Code.
D. The affected site is physically suitable in terms of design, location, operating
characteristics, shape, size, topography, and the provision of public and emergency
vehicle access, and public services and utilities and is served by highways and streets
adequate in width and improvement to carry the kind and quantity of traffic the proposed
use would likely generate, to ensure that the proposed use(s) and/or development will
not endanger, jeopardize, or otherwise constitute a hazard to the property or
improvements in the vicinity in which the property is located.
FINDING: The P -D zone is designated to accommodate various types of
development such as residential developments. The minimum lot area for a P -D project
is one acre. The subject site consists of three vacant parcels totaling approximately 3.378
acres of land. The proposed development would be in compliance with the applicable
development standards of the Rosemead Zoning Code.
A trip generation and vehicle miles traveled (VMT) screening analysis was
prepared for the project by Environmental Planning Development (EDP) Solutions, Inc.
The technical memorandum evaluated the trip generation and need to prepare a level of
service (LOS) or vehicle miles traveled (VMT) analysis for the proposed project based on
the City of Rosemead's Transportation Study Guidelines for VMT and LOS Assessment.
If a project meets one of the following three criteria listed in the Rosemead's
Transportation Study Guidelines for VMT and LOS Assessment, then the VMT impact of
the project would be considered less than significant and no further analysis would be
required. The proposed project was able to satisfy Screening Criteria 2 — Low VMT Area.
The City Engineer has reviewed the VMT analysis and on -street parking evaluation and
found it acceptable and the VMT analysis has been included into in the Mitigated Negative
Declaration.
SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Zone Change 22-01 in accordance with Rosemead
Municipal Code Section 17.152.060(8) as follows:
A. The amendment is internally consistent with all other provisions of the
General Plan.
FINDING: The proposed zone change will amend the Zoning Map of the subject
site from the R-1 to P -D zone. In addition, the proposed amendment will change the land
use designation of the subject parcel from Low Density Residential to Medium Density
Residential. According to the General Plan and Zoning Ordinance Consistency Table in
the General Plan, the P -D zone is a corresponding zoning district to the Medium Density
Residential land use designation. For this reason, the proposed amendment is consistent
with the General Plan. In addition, the subject site is not located in a specific plan area.
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
FINDING: The existing zone of the subject site is R-1. The subject site consists
of three vacant parcels totaling approximately 3.378 acres of land. The proposed
amendment would change the zone from R-1 to P -D for the construction of 37 residential
units. The subject site is located in a residential neighborhood and will continue as a
residential use, therefore, will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for
the proposed project pursuant to Section 15070(b) of 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 the project will not have a significant
effect on the environment with the incorporation of mitigation measures and has therefore
prepared a Draft Mitigated Negative Declaration.
C. The proposed amendment is internally consistent with other applicable
provisions of this Zoning Code.
FINDING: The proposed amendment would change the zone from R-1 to P -D for
the construction of 37 residential units. The P -D zone is intended to provide for
developments that are characterized by innovative use and design concepts. The
minimum area for a P -D project is one acre. The subject site consists of three vacant
parcels totaling approximately 3.378 acres of land. In addition, the proposed development
would be in compliance with the applicable development standards of the Rosemead
Zoning Code.
D. The affected site is physically suitable in terms of design, location, operating
characteristics, shape, size, topography, and the provision of public and emergency
vehicle access, and public services and utilities and is served by highways and streets
adequate in width and improvement to carry the kind and quantity of traffic the proposed
use would likely generate, to ensure that the proposed use(s) and/or development will not
endanger, jeopardize, or otherwise constitute a hazard to the property or improvements
in the vicinity in which the property is located.
FINDING: The subject site is located in a residential neighborhood and will
continue as a residential use, therefore, the zone change to a P -D zone is physically
suitable for a 3.378 acre site. The subject site is currently surrounding by a majority of
residential uses. The proposed residential units would not endanger, jeopardize, or
otherwise constitute a hazard to the property or improvements in the vicinity in which the
property is located.
In addition, a trip generation and vehicle miles traveled (VMT) screening analysis
was prepared for the project by Environmental Planning Development (EDP) Solutions,
Inc. The technical memorandum evaluated the trip generation and need to prepare a level
of service (LOS) or vehicle miles traveled (VMT) analysis for the proposed project based
on the City of Rosemead's Transportation Study Guidelines for VMT and LOS
Assessment. If a project meets one of the following three criteria listed in the Rosemead's
Transportation Study Guidelines for VMT and LOS Assessment, then the VMT impact of
the project would be considered less than significant and no further analysis would be
required. The proposed project was able to satisfy Screening Criteria 2 — Low VMT Area.
The City Engineer has reviewed the VMT analysis and on -street parking evaluation and
found it acceptable and the VMT analysis has been included into in the Mitigated Negative
Declaration.
SECTION 4. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving General Plan Amendment 22-01 in accordance with
Rosemead Municipal Code Section 17.152.060(A) as follows:
A. The amendment is internally consistent with all other provisions of the
General Plan.
FINDING: The proposed amendment will change the land use designation of the
subject parcel from Low Density Residential to Medium Density Residential. The subject
site is currently zoned R-1 on the Zoning Map. However, the applicant is proposing a
zone change to amend the Zoning Map of the subject site from the R-1 to P -D zone.
According to the General Plan and Zoning Ordinance Consistency Table in the General
Plan, the P -D zone is a corresponding zone district to the Medium Density Residential
land use designation.
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
FINDING: The existing land use designation of the subject site is Low Density
Residential. The subject site consists of three vacant parcels totaling approximately
3.378 acres of land. The proposed amendment would change the land use designation
to Medium Density Residential for the construction of 37 residential units. The subject
site is located in a low density residential neighborhood and will continue as a residential
use, therefore, will not be detrimental to the public interest, health, safety, convenience,
or welfare of the City.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for
the proposed project pursuant to Section 15070(b) of 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 the project will not have a significant
effect on the environment with the incorporation of mitigation measures and has therefore
prepared a Draft Mitigated Negative Declaration.
C. The proposed amendment is internally consistent with other applicable
provisions of this Zoning Code.
FINDING: The proposed amendment would change the zone from R-1 to P-D for
the construction of 37 residential units. The P-D zone is intended to provide for
developments that are characterized by innovative use and design concepts. The
minimum area for a P-D project is one acre. The subject site consists of three vacant
parcels totaling approximately 3.378 acres of land. In addition, the proposed development
would be in compliance with the applicable development standards of the Rosemead
Zoning Code.
D. The affected site is physically suitable in terms of design, location, operating
characteristics, shape, size, topography, and the provision of public and emergency
vehicle access, and public services and utilities and is served by highways and streets
adequate in width and improvement to carry the kind and quantity of traffic the proposed
use would likely generate, to ensure that the proposed use(s) and/or development will not
endanger, jeopardize, or otherwise constitute a hazard to the property or improvements
in the vicinity in which the property is located.
FINDING: The subject site is located in a residential neighborhood and will
continue as a residential use, therefore, the amendment to the Medium Density
Residential land use designation for the construction of 37 residential units will be
physically suitable for the subject site. The subject site is currently designated as Low
Density Residential and is currently surrounded by predominately residential uses.
A trip generation and vehicle miles traveled (VMT) screening analysis was
prepared for'the project by Environmental Planning Development (EDP) Solutions, Inc.
The technical memorandum evaluated the trip generation and need to prepare a level of
service (LOS) or vehicle miles traveled (VMT) analysis for the proposed project based on
the City of Rosemead's Transportation Study Guidelines for VMT and LOS Assessment.
If a project meets one of the following three criteria listed in the Rosemead's
Transportation Study Guidelines for VMT and LOS Assessment, then the VMT impact of
the project would be considered less than significant and no further analysis would be
required. The proposed project was able to satisfy Screening Criteria 2 — Low VMT Area.
The City Engineer has reviewed the VMT analysis and on-street parking evaluation and
found it acceptable and the VMT analysis has been included into in the Mitigated Negative
Declaration.
SECTION 5. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Tentative Tract Map 83705 in accordance with
Section 66474 et seq of the Subdivision Map Act and Rosemead Municipal Code
Chapter 16.04 as follows:
A. That the proposed map is consistent with applicable general and specific
plans as specified in Section 65451.
FINDING: Tentative Tract Map 83705 will consolidate three vacant parcels totaling
approximately 3.378 acres of land, for the creation of nine legal parcels for 37 residential
units. The project includes an amendment to the General Plan. The proposed
amendment will change the land use designation of the subject parcel from Low Density
Residential to Medium Density Residential. The Medium Density Residential land use
designation allows a density of 12 units per acre. The density proposed is within the
allowed density. There is no applicable specific plan.
B. That the design or improvement of the proposed subdivision is consistent
with applicable general and specific plans.
FINDING: Tentative Tract Map 83705 will consolidate three vacant parcels totaling
approximately 3.378 acres of land, for the creation of nine legal parcels for 37 residential
units. The project includes an amendment to the General Plan. The proposed
amendment will change the land use designation of the subject parcel from Low Density
Residential to Medium Density Residential. The Medium Density Residential land use
designation allows a density of 12 units per acre. The density proposed is within the
allowed density. In addition, several conditions of approval and mitigation measures have
been incorporated making the site physically suitable for a residential planned
development.
C. That the site is physically suitable for the type of development.
FINDING: The P -D zone is designated to accommodate various types of
development such as residential developments. The minimum lot area for a P -D project
is one acre. The subject site consists of three vacant parcels totaling approximately 3.378
acres of land. The proposed development would be in compliance with the applicable
development standards of the Rosemead Zoning Code. In addition, the site is surrounded
by residential uses. In addition, several conditions of approval and mitigation measures
have been incorporated making the site physically suitable for a residential planned
development.
D. That the site is physically suitable for the proposed density of development.
FINDING: Tentative Tract Map 83705 will consolidate three vacant parcels totaling
approximately 3.378 acres of land, for the creation of nine legal parcels for 37 residential
units. The project includes an amendment to the General Plan. The proposed amendment
will change the land use designation of the subject parcel from Low Density Residential
to Medium Density Residential. The Medium Density Residential land use designation
allows a density of 12 units per acre. The density proposed is within the allowed density.
With the recommended conditions of approval and mitigation measures that have been
incorporated, the site is physically suitable for a 37 -unit residential planned development.
E. That the design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat.
FINDING: There are no fish or wildlife occurring on the project site or in the vicinity
of the project site. The City has completed an Initial Study/Draft Mitigated Negative
Declaration for the proposed project pursuant to Section 15070(b) of 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 the project will
not have a significant effect on the environment with the incorporation of mitigation
measures and has therefore prepared a Draft Mitigated Negative Declaration.
In addition, the General Plan does not identify any biological resources within the
City. There are no species identified as endangered, candidate, sensitive, or special
status species within the limits of either the site or in the immediate area. Consequently,
no significant impact would occur to any sensitive species designated by the resources
agencies as a result of Project implementation.
F. That the design of the subdivision or type of improvements is not likely to
cause serious public health problems.
FINDING: The project has been reviewed by the Community Development
Department and Public Works Department to determine if the proposed development will
be detrimental to the public interest, health, safety, convenience, or welfare of the City.
With implementation of the recommended conditions of approval and mitigation
measures, the proposed development is not anticipated to cause public health problems.
G. That the design of the subdivision or the type of improvements will not
conflict with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision. In this connection, the governing body may
approve a map if it finds that alternate easements, for access or for use, will be provided,
and that these will be substantially equivalent to ones previously acquired by the public.
This subsection shall apply only to easements of record or to easements established by
judgment of a court of competent jurisdiction and no authority is hereby granted to a
legislative body to determine that the public at large has acquired easements for access
through or use of property within the proposed subdivision.
FINDING: The City Engineer has reviewed this proposed subdivision relative to
the adjacent right-of-way. Vehicular access to the project site will be provided from
Mission Drive and will be privately maintained. Based on this review, it is determined that
the design and construction of the project would preserve public safety and provide
adequate access and circulation for vehicular and pedestrian traffic. In addition, the City
Engineer has deemed the trip generation and vehicle miles traveled (VMT) screening
analysis and on -street parking evaluation acceptable and has also incorporated
conditions of approval to ensure that any potential traffic related issue or on -street parking
issue is mitigated.
SECTION 6. The Planning Commission HEREBY RECOMMENDS CITY
COUNCIL APPROVAL of General Plan Amendment 22-01, Zone Change 22-01 Planned
Development Review 22-01, and Tentative Tract Map 83705 for the construction of 37
residential units.
SECTION 7. This resolution is the result of an action taken by the Planning
Commission on December 19, 2022, by the following vote:
AYES:
BERRY, ESCOBAR, LOPEZ, TANG, AND UNG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
SECTION 6. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 19th day of December, 2022.
Daniel Lopez, 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 1gth day of
December, 2022, by the following vote:
AYES:
BERRY, ESCOBAR, LOPEZ, TANG, AND UNG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
Stan Wong, Secretary
APPROVED AS TO FORM:
Stephanie Gutierrez, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Attachment G
Written Public Comments,
Dated December 19, 2022
c e e
eo
City of Rosemead
Public Comment
To:
City of Rosemead, Planning Commission
From:
Ericka Hernandez, City Clerk
Date:
Monday, December 19, 2022
Re:
General Public Comment
The following public comment was received in Chinese via email from Mei Zhang and
translated by City staff below:
> �suh li7�®J� i Ali I)V3ZAA1 • TnX RT • MRflt
V-E^�Epn5FA
Too many homes are being built, affecting the quality of life for people living in the
surrounding area. It causes too much traffic. They disapprove of having new homes
built. They want a peaceful and quiet environment to live in.
Attachment J
Affordable Housing Agreement
AFFORDABLE HOUSING AGREEMENT
THIS AFFORDABLE HOUSING AGREEMENT (the "Agreement") is made as of
2023, by and between the CITY OF ROSEMEAD, a California municipal
corporation ("City"), and Mission Villas, LLC , a Delaware limited liability company
Homebuilder"), with reference to the following:
RECITALS
A. Homebuilder is the owner of that certain real property in the City located at 8601
— 8623 Mission Drive, as more particularly described in Exhibit A, attached hereto and
incorporated by this reference (the "Property").
B. The Property is being developed as a for -sale housing development known as
Vesting Tract Map No. 83705 (the "Project") with approximately 37 single family detached and
duplex homes, including approximately eight small lot single family homes and 29 single family
homes on a single lot.
C. The City has adopted a Homeownership Assistance Program (the "Program")
with funds from the Federal HOME Investments Partnership Program to encourage
homeownership for families who may not otherwise qualify to purchase a home. The Program
provides zero interest, forgivable, deferred subordinate deed loans to homebuyers. The Program
loans are for homes with purchase prices up to ninety-five percent (95%) of the area median
purchase price for single family housing, as set forth in the rules for the Program (currently
$807,500 for single family homes), with such maximum amount subject to annual revision.
D. The Program is intended to work in conjunction with other private, state and
federal affordable housing programs, including loans, grants and lender credits as sourced by the
primary lender, and subject to the Program terms.
E. City desires to provide loans from the Program to four Low Income Family
purchasers of homes within the Project, in order to assist those households to purchase homes at
an affordable price.
F. The Homebuilder desires to facilitate the Program by making available a total of
four small lot three-bedroom homes on lots 2, 3, 6 and 7 as more particularly described in
Exhibit B, attached hereto and incorporated by this reference (the "Designated Homes") to be
sold to Low Income Family buyers who are participants in the Program as "Affordable Units".
The remaining homes will be sold on the open market at market prices.
NOW THEREFORE, the parties hereby agree as follows:
AGREEMENT
1. Definitions. For purposes of this Agreement, the terms listed below shall have the
meanings thereafter specified:
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"Affordable Purchase Price" shall mean the maximum purchase price for a home,
which does not exceed ninety-five percent (95%) of the area median purchase price for single
family housing, in accordance with the rules for the Program. The Affordable Purchase Price is
currently $807,500 for single family homes, pursuant to the standards of the HOME Program,
and is subject to annual adjustment pursuant to the foregoing standards.
"Affordable Units" shall mean those Designated Homes which are sold to Low Income
Families at an Affordable Purchase Price in accordance with Section 4 hereof.
"Area Median Income" or "AMI" shall mean the median income for Los Angeles
County, as defined in 24 CFR Part 5, adjusted for family size, as annually established by
regulation of HUD.
"City Loans" means the loans to be made by City to the purchasers of up to four
Designated Homes within the Project pursuant to Section 2 hereof.
"Designated Homes" shall mean the four small lot homes on lots 2, 3, 6 and 7.
"Eligible Household" shall mean a household or individual, as applicable, meeting the
maximum gross income levels set forth in this Agreement as adjusted for household size, and all
of the other eligibility requirements of the Program, as set forth in the Program Policies and
Procedure Manual which has been adopted by the City.
"Homebuilder" means the person or entity defined as such in the introductory paragraph
of this Agreement, and includes all successors and assigns of that person or entity.
"HUD" means the U.S. Department of Housing and Urban Development.
"Individual Purchase Agreement" means the individual purchase agreement entered
into by Homebuilder and the purchaser of a Designated Home.
"Low Income Families" means households whose gross income does not exceed eighty
(80%) percent of the AMI for Los Angeles County, adjusted by household size, as determined
annually by HUD, in accordance with the regulations of the HOME Program.
"Project" shall have the meaning set forth in Recital B.
"Program" shall have the meaning set forth in Recital C.
"Property" shall have the meaning set forth in Recital A.
2. Homeowner Loans. City agrees to make available loans to qualified purchasers
of four Designated Homes within the Project ("City Loans"), up to the maximum per-unit subsidy
amount of the Program (currently $288,094 per home). City shall make available the City Loans
to homebuyers who are Low Income Families and Eligible Households, until the later to occur of.
(a) the closing of escrow of the fourth Affordable Unit within the Project, or (b) forty-eight (48)
months following the date of non -appealable approval from the City of the Vesting Tract Map,
Zone Change and General Plan Amendment for the Project. The principal amount of each City
-2-
Loan shall be in the amount which the City determines, in its reasonable discretion, is necessary
to enable the purchaser to purchase the Designated Home at an Affordable Purchase Price.
3. Marketing of Designated Homes. To the extent permitted by law, Homebuilder
shall exclusively market the four Designated Homes for a period of ninety days (90) days
following Homebuilder's receipt of a Conditional Public Report (Yellow) from the California
Department of Real Estate, to persons who reside and/or work within the City. Homebuilder shall
use good faith efforts to enter into Individual Purchase Agreements with Low Income Families
who are Eligible Households and who reside and/or work within the City for the Designated
Homes. Homebuilder shall provide a preference to veterans who are Lower Income Families and
who reside and/or work within the City. If qualified Lower Income Eligible Household buyers
cannot be found within this initial period, then Homebuilder, at its reasonable discretion in
consultation with City, can broaden the search for buyers beyond the City limits.
4. Initial Sale of Affordable Units
(a) Homebuilder agrees to cooperate with the City and to follow City guidelines
and reasonably consider City recommendations in identifying Eligible Households for the
purchase of the four Designated Homes at not more than an Affordable Purchase Price
("Affordable Units").
(b) Homebuilder has no obligation to sell an Affordable Unit for less than the
maximum Affordable Purchase Price, and can decide to sell an Affordable Unit for less than the
maximum Affordable Purchase Price at Homebuilder's sole discretion.
(c) Homebuilder shall provide to the City a certification of the income of the
proposed initial purchaser of each Affordable Unit. Homebuilder shall obtain an income
certification from the proposed purchaser of the Affordable Units in one or more of the following
methods:
(i) Obtain from the proposed purchaser paycheck stubs from the
three (3) most recent months;
(ii) Obtain a true copy of an income tax return from the proposed
purchaser for the three most recent tax years;
(iii) Obtain an income verification certification from the employer of the
proposed purchaser;
(iv) Obtain an income verification certification from the Social Security
Administration and/or the California Department of Social Services if the proposed purchaser
receives assistance from such agencies; or
(v) Obtain an alternate form of income verification acceptable to the
City, in City's reasonable discretion.
(d) Homebuilder shall obtain and provide to the City a certification from the
purchaser that the purchaser shall occupy the Affordable Unit as the purchaser's primary residence,
-3-
and which contains all of the other certifications required in accordance with the rules of the
Program.
(e) Homebuilder shall apply the same purchase terms and conditions to
potential buyers of Affordable Units as are applied to all other buyers of Project homes, except as
otherwise required to comply with this Agreement (i.e. income and other eligibility requirements).
(f) Upon receipt of the foregoing information, City shall determine, in its
reasonable discretion, whether each proposed purchaser of an Affordable Unit is eligible for a City
Loan, shall determine the maximum amount of the City Loan for which the proposed purchaser is
eligible, and shall process the application in accordance with the adopted policies and procedures
of the Program.
(g) Each approved purchaser of an Affordable Unit shall execute such
documents for the City Loan as are provided by the City, in accordance with the requirements of
the Program.
5. Property Taxes. Homebuilder and City agree to cooperate with one another
and work together with the Los Angeles County Office of the Assessor to qualify the Affordable
Units for a revised tax basis, allowing for the property tax basis to be calculated pursuant to the
county affordable program. City shall have no liability for any property tax related to the Project
homes and City shall have no liability due to the failure or inability of the Assessor's office to
provide a revised tax basis.
6. Compliance with Laws. Homebuilder shall comply with all applicable laws
relating to this Agreement and the transactions contemplated by this Agreement including, but not
limited to, laws relating to fair housing laws, including the Federal Fair Housing Act, the California
Fair Employment and Housing Act, and the Unruh Civil Rights Act.
7. Notices. Formal notices, demands, and communications between City and
Homebuilder shall be given either by personal service, by overnight courier, or by mailing in the
United States mail, certified mail, postage prepaid, return receipt requested, addressed to the
principal offices of City and Homebuilder, as follows:
If to Homebuilder(s):
Mission Villas, LLC, care of
Borstein Enterprises
11766 Wilshire Boulevard, Suite 820
Los Angeles, CA 90025
Attn: Erik Pfahler, Senior Vice President
If to City
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attention:
0
Notices shall be considered effective upon receipt, if given by personal delivery; the earlier
of (i) three (3) business days after deposit with United States Mail postage prepaid and properly
addressed, or (ii) the date of actual receipt as evidenced by the return receipt, if delivered by
certified mail; and one (1) day after deposit with the delivery service, if delivered by overnight
guaranteed delivery service postage prepaid and properly addressed. Each parry shall promptly
notify the other parry of any change(s) of address to which notice shall be sent pursuant to this
Agreement.
8. Homebuilder's Obligation to Refrain From Discrimination. There shall be no
discrimination against or segregation of any person, or group of persons, on account of race, color,
religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national
origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic
information of any person in the sale, transfer, use, occupancy, tenure or enjoyment of the Project
homes, nor shall Homebuilder itself or any person claiming under or through it establish or permit
any such practice or practices of discrimination or segregation with reference to the selection,
location, use or occupancy of Eligible Household purchasers of the Affordable Units.
9. Conflict of Interest; No Individual Liability. No official or employee of the City
shall have any personal interest, direct or indirect, in this Agreement, nor shall any official or
employee of the City participate in any decision relating to this Agreement which affects such
official's or employee's pecuniary interest in any corporation, partnership or association in which
such official or employee is directly or indirectly interested. No official or employee of the City
shall be personally liable in the event of a breach of this Agreement by the City.
10. No Employee Eligibility. No City employee or City official or their Relative(s)
shall be eligible to participate in purchasing a Designated Home. "Relative" for these purposes
means a spouse, parent or child.
11. Modification. This Agreement may be modified only by subsequent mutual
written agreement executed by City and Homebuilder or their successors.
12. Governing Law. The laws of the State of California shall govern this Agreement.
Any legal action brought under this Agreement must be instituted in the Superior Court of the
County of Los Angeles, State of California.
13. Assignment of Agreement. This Agreement shall be assignable by Homebuilder
in connection with the sale or transfer of the Project and assumption by the transferee of all
obligations arising from this Agreement. Assignee shall assume the entirety of this Agreement,
including all obligations and Homebuilder shall ensure any assignment shall include all such
requirements of this Agreement. Any assignment of this Agreement shall be preceded by 30 day
notice to City.
14. Severability. Every provision of this Agreement is intended to be severable. If
any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent
jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be
affected or impaired.
-5-
15. Entire Agreement. This Agreement constitutes the entire agreement between the
parties, and integrates all of the terms and conditions mentioned herein or incidental hereto and
supersedes all negotiations or previous agreements between the parties regarding all or any part of
the subject matter thereof.
16. Counterparts. This Agreement may be signed in multiple counterparts, which,
when signed by all parties, shall constitute a binding agreement.
M
IN WITNESS WHEREOF, the City and Homebuilder have caused this instrument to be
executed on their behalf by their respective officers hereunto duly authorized as of date first
written above.
City:
CITY OF ROSEMEAD,
a California municipal corporation
0
ATTEST:
City Clerk
APPROVED AS TO FORM:
LO -3
City Attorney
HOMEBUILDER:
MISSION VILLAS, LLC,
a Delaware limited liability company
By: BORSTEIN ENTERPRISES,
a California corporation
its Sole Member
By:_
Name:
Title:
IN
Title:
-7-
5200621.4
EXHIBIT A
LEGAL DESCRIPTION
Parcel I:
That portion of Lot 12 in Block 2 of Rosemead, in the City of Rosemead. County of Los Angeles, State of
California. as per map recorded in Book 12 Page 194 of Maps, in the office of the County Recorder of said County.
descrilh:d as follows:
Beginning at a point in the southwesterly line of said Int, distant thereon North 64' 2l" 00" West 229.87 foci from
the southeast corner of said lot: thence North 280 53' 1 Fast 162.14 feet: thence North 890 02' 15" East. 124.80
feel to a point in the easterly link of said lot: thence along said cacserh litre Norte, 00' 57' 45' West 457.92 feet.
more or less, to the most southerly comer of the land described in Deed uh'fheodore Swan, recuMed in Bonk 14446
Page 314, Official Records of said County: thence along the southwesterly line of the land described in said Deed.
North 64' 21' 00" West l94 56 feet to a point in dee ca_5terly line of the Southern California Edison Compam's right
of way. shown as Parcel No. 19 on Licensed Surveyor's Map filed in Book 30 Page 4. Record of Surveys, in the
office of the County Recorder of said Counh : tlhettce along said casteriy line, South 00' 22' 01" East 254.20 feel to
an angle point in said easterly line of said Parcel No. I9: thence, continuing along Said easterly line and the
prolongation thereof South 28" 53' 1 a ' West- 399.39 feet to a point in the southwesterly line of said Lot l 2: thence
along said souNN eswrh lite South 64' 21' 00" East 190.00 feet to thio point of beginning.
APNS: 5389-009-030 and a portion of 5389-009-031
Parce 12:
That portion of Lot 12 in Block 2 of Rosemead. in the City of Rosemead. County of Lis Angeles. State of
California, as per ntap recorded in Book 12 Page 194 of Maps. in the office of the County Recorder of said County.
described as follows:
Beginning it a point in the easterly line of said Lot 12, distant thereon South 0` 31'49" East 254.68 feet from the
north ash comcrof said Lot IL thence North 64'04'21" West, parallel with tate northerly tine ofsaid loL a distance
of 194.56 feet, more of less, to the intersection with the easterly line of the right of way of the Southern California
Edison Company as .hewn on map of Records of Survey filed in Book 30 Pages I to 7, inclusive of Records of
Surveys, records of said CouM : thence North 89' 55' 39" East 173.95 feet to a point in the easterly line of said lot
distant thereon North 0' 35' 49"" EasL 85.23 IcCL from the point ofbeginniII& menta: South 0` 35" 49" Wcsl 85.23
feet ro the point of hegimhing.
APN: 5389-009-Q;1 i REMAINDER On
Parcel 3:
That portion of Parcel 2. in the City of Rosemead. County of Los Angeles. State of California. as shown on the
Record of Survey Map filed in Book 53 Page 27 of Record of Surveys, in the office of the County Recorder of said
County, described as follnw•s:
Beginning at a point in the southwest line of said parcel which is distant North 64' 21' 01)' West 169.87 feet from
the southeast corner of said paned: thence continuing along Said wulhwesl line North 64" 211'00" West 600) feet to
the southwesterly corner of said Parcel 2: thence along the westerly Zinc of said parcel North 28' 53- 15" East
162.14 feet to the northwesterly corner of said Parcel 2: thence along the northerh line of said parcel North 890 02'
l5" East 38.00 Jcj�t to a point in the said nodhedv line which is South 89" 02" 15' West 86.80 feet from the
no theau comer of said parcel: thence southwesterly in a direct line to the point of heghming.
APN: 53894)09.029
13
EXHIBIT B
SITE MAP
0