CC - Item 3A - Agenda Report - Public Hearing on Zone Change 22-02 and Specific Plan Amendment 22-01 - 7849-7857 Garvey Avenue and 7900-7916 Virginia StreetROSEMEAD CITY COUNCIL
STAFF REPORT
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FROM: BEN KIM, CITY MANAGER
DATE: JUNE 27, 2023
SUBJECT: PUBLIC HEARING ON ZONE CHANGE 22-02 AND SPECIFIC PLAN
AMENDMENT 22-01 - 7849-7857 GARVEY AVENUE AND 7900-7916
VIRGINIA STREET
SUMMARY
Green Park Property LLC has submitted entitlement applications requesting to amend the Zoning
Map and Garvey Avenue Specific Plan by changing the zone of the subject properties from
Garvey Avenue Specific Plan (GSP) (APNs: 5287-038-018, -019, -020 and -029) and
Garvey Avenue Specific Plan, Residential/Commercial (GSP-R/C) (APNs: 5287-038-030 and -
033) to Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zone, for the
development of a new residential/commercial mixed-use development. The project is located at
7849-7857 Garvey Avenue and 7900-7916 Virginia Street, on a 1.21 acre site, north of
Garvey Avenue, and bounded by Virginia Street to the north and Strathmore Avenue to the east.
The project proposes the construction of a seven -story, mixed-use development with 35,105
square feet of nonresidential use and 93 residential apartments, which includes 24 live/work
units. The project will include 208 parking spaces, new landscaping, and private and common
open space.
ENVIRONMENTAL ANALYSIS
The City of Rosemead acting as a Lead Agency has completed an Initial Study to determine if
the proposed project may have a significant effect on the environment. The Initial Study was
prepared and completed in accordance with the California Environmental Quality Act (CEQA)
Guidelines. On the basis of the Initial Study, the City of Rosemead has concluded that the project
would have significant impacts unless mitigated; therefore, a Mitigated Negative Declaration
(MND) was prepared. The MND reflects the independent judgment of the City as a lead agency
per CEQA Guidelines. The project site is not on a list compiled pursuant to Government Code
section 65962.5.
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 April 24, 2023 to May 15, 2023.
AGENDA ITEM 3.A
City Council Meeting
June 27, 2023
Page 2 of 4
The Mitigated Negative Declaration, along with Mitigation Monitoring and Reporting Program
are attached as Attachment "G".
On May 15, 2023, 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.
On May 15, 2023, the Planning Commission held a duly noticed and advertised public hearing to
receive oral and written testimony relative to Zone Change 22-02 and Specific Plan Amendment
22-01. 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 23-03 are included in this report as Attachments "C", "D", and
"E", respectively. Staff had originally consulted with the applicant's architect and it was agreed
that a condition of approval restricting the driveway on Virginia Street for emergency access
only would be incorporated. However, after the agenda was published, the developer's team
contacted staff requesting the condition of approval be removed as the traffic study concluded
that a negligible amount of traffic would be utilizing the driveway on Virginia Street since it
would only serve the residents of the proposed mixed-use development. As a result, during the
public hearing presentation, staff recommended the condition be modified to remove the
driveway restriction on Virginia Street, and instead require that a traffic study analyze the traffic
impacts on the residential streets in the vicinity to identify any potential mitigation measure
which would address the issues and be reviewed by the City Council.
As part of Planning Commission discussion, staff and the applicant's architect addressed
questions and provided background and clarification on the Garvey Avenue Specific Plan,
live/work requirements, off-street parking requirements, Development Impact Fees, alternative
driveway access, traffic, CALGreen Tier 1/LEED requirements, and public outreach. After
receiving all public hearing testimony, an alternative motion was presented to table the item and
require the applicant to conduct additional traffic studies. However, the motion was not upheld,
and another motion was on the table, recommending that the City Council approve Specific Plan
Amendment 21-01 and Zone Change 21-01, with the modified condition of approval and adopt
the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program. At the end of the public hearing, the motion passed with a 3-2-0 vote.
PUBLIC HEARING TESTIMONY
During the 20 -day public review and comment period for the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, the City received one letter from The Los
Angeles County Sanitation Districts. The letter provided standard comments regarding sewerage
service for the proposed mixed-use development. A copy of the letter and response to the
comments were prepared by the applicant's Environmental Consultant, Phil Martin &
Associates, and are attached as Attachment "H".
City Council Meeting
June 27, 2023
Page 3 of 4
The Planning Commission received two written and five oral testimonies from residents within
the surrounding neighborhood. The concerns were related to the proposed driveway on Virginia
Street, traffic, parking, noise, air pollution, height, electric vehicle charging station impacts,
rising property values, and the strain on the current water and power infrastructures. The traffic
study forecasted that traffic generated by the Virginia Street driveway would be minimal during
peak hours since it is only accessible to the residents of the mixed-use development. In addition,
the Mitigated Negative Declaration that was prepared for the project addressed the remaining
concerns related to traffic, parking, noise, air pollution, and utilities and service systems.
Furthermore, the project meets the height requirements of the Garvey Avenue Specific Plan,
which includes an additional five feet beyond the height limit of 75 feet for unique architectural
elements.
STAFF RECOMMENDATION
That the City Council:
1. Conduct a public hearing and receive public testimony;
2. Introduce the first reading, by title only, Ordinance No. 1016 (Attachment "A"),
approving Zone Change 22-02 and Specific Plan Amendment 22-01; and
3. Adopt City Council Resolution No. 2023-26 (Attachment "B") for the adoption of the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as the
environmental document and file the Notice of Determination for the project.
FISCAL IMPACT — None
STRATEGIC PLAN IMPACT — Zone Change 22-01 and Specific Plan Amendment 22-01 and
are consistent with the Land Use and Zoning Goal of the City's 2030 Strategic Plan (Goal H) as
the actions include:
Explore adding residential uses as permitted uses along major commercial corridors and
specifically Valley Boulevard; and
• Identify the appropriate planning tools to encourage mixed use development that includes
housing along the commercial corridors.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which includes a
300' radius public hearing notice to seventy-five (75) property owners, publication in the
newspaper on June 15, 2023, postings of the notice at the six (6) public locations, and on the
subject site.
City Council Meeting
June 27, 2023
Page 4 of 4
Prepared by:
Anilre Lao`
Associate Planner
Reviewed by:
Lily T. Valenzuela
Planning and Economic Development Manager
Submitted by:
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Stan Wong
Interim Director of Community Development
Attachment A: Ordinance No. 1016
Attachment B: City Council Resolution No. 2023-26
Attachment C: Planning Commission Staff Report (Without Attachments), dated May 15, 2023
Attachment D: Draft Planning Commission Minutes, dated May 15, 2023
Attachment E: Planning Commission Resolution 23-03
Attachment F: Project Conditions of Approval
Attachment G: Mitigated Negative Declaration, along with Mitigation Monitoring and Reporting
Program (Appendices on USB Drive)
Attachment H: Written Public Comments Received during the 20 -Day Review Period and
Response to Comments
Attachment I: Architectural Plans
Attachment A
Ordinance No. 1016
ORDINANCE NO. 1016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
TO APPROVE ZONE CHANGE 22-02 AND SPECIFIC PLAN
AMENDMENT 22-01 TO AMEND THE ZONING MAP AND FIGURE 3.1
OF THE GARVEY AVENUE SPECIFIC PLAN BY CHANGING THE
ZONE OF THE SUBJECT PROPERTIES FROM GARVEY AVENUE
SPECIFIC PLAN (GSP) (APNS: 5287-038-018, -019, -020 AND -029) AND
GARVEY AVENUE SPECIFIC PLAN, RESIDENTIAL/COMMERCIAL
(GSP-R/C) (APNS: 5287-038-030 AND -033) TO GARVEY AVENUE
SPECIFIC PLAN, INCENTIVIZED MIXED-USE (GSP-MU) ZONE, FOR
THE DEVELOPMENT OF A NEW RESIDENTIAL/COMMERCIAL
MIXED-USE DEVELOPMENT LOCATED AT 7849-7857 GARVEY
AVENUE AND 7900-7916 VIRGINIA STREET
WHEREAS, on June 15, 2022, Del Mar Property LLC submitted entitlement applications
for the construction of a seven -story, mixed-use development with 35,105 square feet of
nonresidential (commercial) use and 93 residential apartments, which includes 24 live/work units;
and
WHEREAS, 7849-7857 Garvey Avenue (APNS: 5287-038-018, -019, -020 and -029) is
located in the Garvey Avenue Specific Plan (GSP) zone and 7900-7916 Virginia Street (APNS:
5287-038-030 and -033) is located in the Garvey Avenue Specific Plan, Residential/Commercial
(GSP-R/C) zone; and
WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the purpose
and criteria for a Zone Change; and
WHEREAS, the Garvey Avenue Specific Plan provides the criteria for specific plan
amendments and amendments to the Specific Plan may be requested by the applicant or by the
City at any time pursuant to Section 65453(a) of the California Government Code and Rosemead
Municipal Code Title 17, Article 5, Chapter 17.150.
WHEREAS, Section 65453(a) of the California Government Code states a specific plan
shall be prepared, adopted, and amended in the same manner as a general plan, except that a
specific plan may be adopted by resolution or by ordinance and may be amended as often as
deemed necessary by the legislative body. Section 17.150.040, adoption of, or amendment to, a
specific plan relating to land use may be initiated by the City or by submittal of a Master Plan.
When initiated by a master plan, the person shall file a petition with the City and pay a filing fee
as required in Chapter 17.120 of [Title 17].
WHEREAS, Sections 65800 & 65900 of the California Government and Rosemead
Municipal Code Sections 17.152.040 authorizes the City Council to approve, approve in modified
form, or deny the zone change or specific plan amendment; and
WHEREAS, an Initial Study was undertaken for the purpose of deciding whether the
project may have a significant effect on the environment. On the basis of the analysis within
the Initial Study, the City has concluded that the project will not have a significant effect on
the environment with the incorporation of mitigation measures and has therefore prepared an
Draft Mitigated Negative Declaration; and
WHEREAS, Specific Plan Amendment 22-01 includes amendments to Figure 3.1 Zoning
of the Garvey Avenue Specific Plan; and
WHEREAS, on May 15, 2022, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Zone Change 22-02 and
Specific Plan Amendment 22-01; and
WHEREAS, on June 15, 2023, seventy-five (75) notices were sent to property owners
within a 300 -feet radius from the subject property, in addition to notices posted in five (5) public
locations, on-site, published in the Rosemead Reader, and filed with the Los Angeles County
Clerk, specifying the availability of the application, plus the date, time, and location of the public
hearing for Zone Change 22-02 and Specific Plan Amendment 22-01, pursuant to California
Government Code Section 65091(a)(3); and
WHEREAS, the City Council held a duly noticed public hearing on June 27, 2023, to
consider the Zone Change 22-02 and Specific Plan Amendment 22-01; and
WHEREAS, the City Council fully studied the proposed zone change and specific plan
amendment, and considered all public comments; and
WHEREAS, the City Council, having final approval authority over this project, has
reviewed and considered all comments received during the public review period prior to the
approval of this project.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do
exist to justify approving Zone Change 22-02 in accordance with Rosemead Municipal Code
Section 17.152.060(B) as follows:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan.
FINDING: The Garvey Avenue Specific Plan was adopted in 2018 and its requirements
for adoption included updating the General Plan to eliminate inconsistencies between the two
planning documents. The Garvey Avenue Specific Plan amended the General Plan designation for
approximately 88 parcels to support the development of over 1.18 million square feet of
commercial development, 892 dwelling units, and 0.77 acres of open space. These estimates
represent a realistic building of the planning area based on an analysis of existing development
that will persist through the life of the proposed Specific Plan plus anticipated redevelopment. The
proposed site is located within Garvey Avenue Specific Plan General Plan land use designation.
The project only proposes to change the zone from Garvey Avenue Specific Plan (GSP) (APNs:
5287-038-018, -019, -020 and -029) and Garvey Avenue Specific Plan, Residential/Commercial
(GSP-R/C) (APNs: 5287-038-030 and -033) to Garvey Avenue Specific Plan, Incentivized Mixed -
Use (GSP-MU) zone.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
FINDING: The subject site is located within the Garvey Avenue Specific Plan. The
subject site consists of six parcels totaling approximately 1.21 acres. The proposed amendment
would change the zoning district within the Garvey Avenue Specific Plan from GSP and GSP-R/C
to GSP-MU for the construction of a residential/commercial mixed-use development. The Garvey
Avenue Specific Plan was developed to create an attractive and desirable neighborhood "main
street' focusing on creating a vibrant corridor with visible pedestrian activity.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for the
proposed project pursuant to the California Environmental Quality Act (CEQA). The Initial Study
was undertaken for the purpose of deciding whether the "project' may have a significant effect on
the environment. On the basis of the analysis within the Initial Study, the City has concluded that
although the proposed project could have a significant effect on the environment, there will not be
a significant effect in this case as mitigation measures have been incorporated.
C. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
FINDING: The proposed zone change will amend the Zoning Map from GSP (APNs:
5287-038-018, -019, -020 and -029) and GSP-R/C (APNs: 5287-038-030 and -033) to GSP-MU.
The GSP-MU allows vertical mixed-use, where commercial uses are on the ground floor, with
residential uses above. The proposed project meets the GSP-MU development standards and would
be in compliance with the applicable development standards of the Zoning Code.
D. The affected site is physically suitable in terms of design, location, operating
characteristics, shape, size, topography, and the provision of public and emergency vehicle access,
and public services and utilities and is served by highways and streets adequate in width and
improvement to carry the kind and quantity of traffic the proposed use would likely generate, to
ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise
constitute a hazard to the property or improvements in the vicinity in which the property is located.
FINDING: The subject site is located within the Garvey Avenue Specific Plan. The
Garvey Avenue Specific Plan amended the Zoning Map and General Plan land use designations
for approximately 88 parcels to support the development of over 1.18 million square feet of
commercial development, 892 dwelling units, and 0.77 acres of open space. These estimates
represent a realistic building of the planning area based on an analysis of existing development
that will persist through the life of the proposed Specific Plan plus anticipated redevelopment. The
site would be physically suited for provision of public and emergency vehicle access, and public
services and utilities.
Based on the Golden State Water Company, South San Gabriel Service Area 2020 Urban
Water Management Plan dated July 16, 2021, the Golden State Water Company has an adequate
water supply to meet the demand of the project into the future. In addition, the applicant has
obtained a will -serve letter from the Los Angeles County Sanitation Districts. A traffic study was
also prepared for the project by Ganddini Group, Inc. Based on the traffic study, the proposed
project would not result in any new significant traffic impact impacts or mitigation measures
compared to the Garvey Avenue Specific Plan TIA/EIR. The project is located in a low-VMT
generating area. Therefore, the project satisfies the screening criteria for low-VMT generating area
and may be presumed to result in a less than significant VMT impact in accordance with City of
Rosemead VMT guidelines. The City of Rosemead's Contract Traffic Engineer has reviewed the
traffic study and Initial Study/Draft Mitigated Negative Declaration and has deemed it acceptable.
Furthermore, it was determined that the project would not have any significant operational traffic
impacts.
SECTION 2. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do
exist to justify approving Specific Plan Amendment 22-01 in accordance with Section 65453(a) of
the California Government Code and Rosemead Municipal Code Section 17.152.060(A) as
follows:
A. The proposed amendment is internally consistent with all other provisions of the
General Plan.
FINDING: The Garvey Avenue Specific Plan was adopted in 2018 and its requirements
for adoption included updating the General Plan to eliminate inconsistencies between the two
planning documents. The proposed project continues to be internally consistent with all other
provisions of the General Plan. The project proposes to change the zone from Garvey Avenue
Specific Plan (GSP) (APNs: 5287-038-018, -019, -020 and -029) and Garvey Avenue Specific
Plan, Residential/Commercial (GSP-R/C) (APNs: 5287-038-030 and -033) to Garvey Avenue
Specific Plan, Incentivized Mixed -Use (GSP-MU) zone and to remain within the buildout
development capacity of 1.18 million square feet of commercial development and 892 dwelling
units.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
FINDING: The subject site is located within the Garvey Avenue Specific Plan. The
subject site consists of six parcels totaling approximately 1.21 acres. The proposed amendment
would change the zoning district within the Garvey Avenue Specific Plan from GSP and GSP-R/C
to GSP-MU for the construction of a residential/commercial mixed-use development. The Garvey
Avenue Specific Plan was developed to create an attractive and desirable neighborhood "main
street" focusing on creating a vibrant corridor with visible pedestrian activity.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for the
proposed project pursuant to the California Environmental Quality Act (CEQA). The Initial Study
was undertaken for the purpose of deciding whether the "project' may have a significant effect on
the environment. On the basis of the analysis within the Initial Study, the City has concluded that
although the proposed project could have a significant effect on the environment, there will not be
a significant effect in this case as mitigation measures have been incorporated.
C. The affected site is physically suitable in terms of design, location, operating
characteristics, shape, size, topography, and the provision of public and emergency vehicle
access, and public services and utilities and is served by highways and streets adequate in width
and improvement to carry the kind and quantity of traffic the proposed use would likely generate,
to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise
constitute a hazard to the property or improvements in the vicinity in which the property is
located.
FINDING: The subject site is located within the Garvey Avenue Specific Plan. The
Garvey Avenue Specific Plan amended the Zoning Map and General Plan land use designations
for approximately 88 parcels to support the development of over 1.18 million square feet of
commercial development, 892 dwelling units, and 0.77 acres of open space. These estimates
represent a realistic building of the planning area based on an analysis of existing development
that will persist through the life of the proposed Specific Plan plus anticipated redevelopment. The
site would be physically suited for provision of public and emergency vehicle access, and public
services and utilities.
Based on the Golden State Water Company, South San Gabriel Service Area 2020 Urban
Water Management Plan dated July 16, 2021, the Golden State Water Company has an adequate
water supply to meet the demand of the project into the future. In addition, the applicant has
obtained a will -serve letter from the Los Angeles County Sanitation Districts. A traffic study was
also prepared for the project by Ganddini Group, Inc. Based on the traffic study, the proposed
project would not result in any new significant traffic impact impacts or mitigation measures
compared to the Garvey Avenue Specific Plan TIA/EIR. The project is located in a low-VMT
generating area. Therefore, the project satisfies the screening criteria for low-VMT generating area
and may be presumed to result in a less than significant VMT impact in accordance with City of
Rosemead VMT guidelines. The City of Rosemead's Contract Traffic Engineer has reviewed the
traffic study and Initial Study/Draft Mitigated Negative Declaration and has deemed it acceptable.
Furthermore, it was determined that the project would not have any significant operational traffic
impacts.
SECTION 3. The City Council HEREBY AMENDS the City's Zoning Map to change
the zone of 7849-7857 Garvey Avenue (APNs: 5287-038-018, -019, -020 and -029) from Garvey
Avenue Specific Plan (GSP) and 7900-7916 Virginia Street (APNs: 5287-038-030 and -033) from
Garvey Avenue Specific Plan, Residential/Commercial (GSP-R/C) zone to Garvey Avenue
Specific Plan, Incentivized Mixed -Use (GSP-MU) zone.
SECTION 4. The City Council HEREBY AMENDS Figure 3.1 of The Garvey Avenue
Specific Plan by changing the zone of 7849-7857 Garvey Avenue (APNs: 5287-038-018, -019, -
020 and -029) from Garvey Avenue Specific Plan (GSP) and 7900-7916 Virginia Street (APNs:
5287-038-030 and -033) from Garvey Avenue Specific Plan, Residential/Commercial (GSP-R/C)
zone to Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zone.
SECTION 5. 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 6. 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 7. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
PASSED, APPROVED, AND ADOPTED this th day of , 2023.
ATTEST:
Ericka Hernandez, City Clerk
Exhibits:
Sean Dang, Mayor
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
A. Amendments to the City's Zoning Map
B. Amendments to Figure 3.1 Zoning of the Garvey Avenue Specific Plan
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. 1016 was first
introduced at the regular meeting of June 27`h, 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 -th day
of , 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
Exhibit "A"
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Attachment B
Resolution No. 2023-26
RESOLUTION NO. 2023-26
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 DOCUMENT FOR ZONE
CHANGE 22-02 AND SPECIFIC PLAN AMENDMENT 22-01
WHEREAS, on June 15, 2022, Del Mar Property LLC submitted entitlement applications
for the construction of a seven -story, mixed-use development with 35,105 square feet of
nonresidential (commercial) use and 93 residential apartments, which includes 24 live/work units;
and
WHEREAS, an Initial Study was undertaken for the purpose of deciding whether the
project may have a significant effect on the environment. On the basis of the analysis within
the Initial Study, the City has concluded that the project will not have a significant effect on
the environment with the incorporation of mitigation measures and has therefore prepared an
Draft Mitigated Negative Declaration; and
WHEREAS, the Initial Study/Draft Mitigated Negative Declaration (SCH Number
2023040595) was prepared and circulated for a 20 -day public review and comment period from
April 24, 2023 to May 15, 2023. Notices were sent to property owners within a 300 -feet radius
from the subject property, in addition to notices posted in five (5) public locations, on-site,
published in the Rosemead Reader, and filed with the Los Angeles County Clerk, specifying the
availability of the application, plus the date, time, and location of the public hearing for Zone
Change 22-02 and Specific Plan Amendment 22-01.
WHEREAS, as required under the CEQA and in order to facilitate implementation of all
mitigation measures adopted pursuant to CEQA, the Mitigation Monitoring and Reporting
Program identifies the timing of, and the agency or agencies responsible for, enforcement and
monitoring of each mitigation measure to be implemented to reduce potentially significant impacts
to a less than significant level; and
WHEREAS, the City Council held a duly noticed public hearing on June 27, 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 clearance
for Zone Change 22-02 and Specific Plan Amendment 22-01.
SECTION 2. The City Clerk shall certify the adoption of this resolution and hereafter the
same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED this 27`h day of June, 2023.
F.1161 .H
Sean Dang, Mayor
APPROVED AS TO FORM:
Ericka Hernandez, City Clerk Rachel H. Richman, City Attorney
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. 2023-26 was duly adopted by the City
Council of the City of Rosemead, California, at a regular meeting thereof held on the 27`h day of
June, 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
EXHIBIT "A"
ZONE CHANGE 22-02 AND SPECIFIC PLAN AMENDMENT 22-01
(ORDINANCE NO. 1016 AND RESOLUTION 2023-26)
7849-7857 GARVEY AVENUE AND 7900-7916 VIRGINIA STREET
(APNS: 5287-038-018, -019, -020, -029, 030 and -033)
CONDITIONS OF APPROVAL
June 27, 2023
Standard Conditions of Approvals
Zone Change 22-02 and Specific Plan Amendment 22-01 ("Project') are approved for the
amendment of the Zoning Map and Figure 3.1 of The Garvey Avenue Specific Plan by
changing the zone of 7849-7857 Garvey Avenue (APNs: 5287-038-018, -019, -020 and -029)
from Garvey Avenue Specific Plan (GSP) and 7900-7916 Virginia Street (APNs: 5287-038-
030 and -033) from Garvey Avenue Specific Plan, Residential/Commercial (GSP-R/C) zone
to Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zone, for the
development of a seven -story, mixed-use development with 35,105 square feet of
nonresidential (commercial) use and 93 residential units, which includes 24 live/work units.
Any revisions to the approved plans must be resubmitted for the review and approval of the
Planning Division.
2. The following conditions must be complied to the satisfaction of the Planning Division prior
to final approval of the associated plans, building permits, occupancy permits, or any other
appropriate request.
3. The conditions listed on this exhibit shall be copied directly onto any development plans
subsequently submitted to the Planning Division, Building and Safety Division, and Public
Works Department.
4. Approval of Project shall not take effect for any purpose until the applicant(s) have filed with
the City of Rosemead ("City") a notarized affidavit stating that he/she is aware of and accepts
all of the conditions of approval as set forth in the letter of approval and this list of conditions
within ten (10) days from the 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 City Council approval date. For the purpose
of this petition, project commencement shall be defined as beginning the permitting process
with the Planning and Building Divisions, so long as the project is not abandoned. If 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 Public Works Department shall have
access to the project site at any time during construction to monitor progress.
15. All requirements of the Building and Safety Division, Planning Division, and Public Works
Department shall be complied with prior to the final approval of the proposed construction.
16. All ground level mechanical/utility equipment (including meters, back flow prevention
devices, fire valves, A/C condensers, furnaces, and other equipment) shall be located away
from public view or adequately screened by landscaping or screening walls so as not to be seen
from the public right-of-way.
17. All new roof -top appurtenances and equipment shall be adequately screened from view to the
satisfaction of the Planning Division. Such equipment shall not exceed the height of the parapet
wall. There shall be no mechanical equipment located on the sides of the building.
18. The parking area, including handicapped spaces, shall be paved and re -painted periodically to
City standards to the satisfaction of the Planning Division. In accordance with the Rosemead
Municipal Code, all designated parking stalls shall be double striped. Such striping shall be
maintained in a clear, visible, and orderly manner to the satisfaction of the Planning Division.
19. Violations of the conditions of approval may result in citation and/or initiation of revocation
proceedings.
20. The applicant(s) shall keep the electrical and mechanical equipment and/or emergency exits
free of any debris, storage, furniture, etc., and maintain a minimum clearance of five (5) feet.
Project Specific Conditions of Approval
21. The traffic study shall be updated to provide additional analysis on the traffic impacts of the
residential streets within the vicinity and to identify if any mitigation measures shall be
incorporated. The updated traffic study shall be reviewed by the City Council. [Modified by
the Planning Commission on May 15, 20231
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 fence/wall plan shall be submitted to the Planning Division for review and approval
prior to the issuance of building permits. All walls and/or fences height shall comply with the
requirements in the Rosemead Municipal Code and shall consist of decorative material, which
match or complement the residential buildings in color, material, and design.
24. The site shall be maintained in a graffiti -free state.
25. The site shall be maintained in a clean, weed and litter -free state. All trash containers shall be
stored in the approved trash enclosure at all times. All trash and garbage receptacles shall be
regularly inspected and cleaned, and maintained in a clean, safe, and sanitary condition.
26. All trash enclosures shall be designed to be an integral part of the overall project design, and
utilize complementary colors and materials. All trash enclosures shall have a solid roof cover
and doors shall be opaque, self-closing, and self -latching. Detailed elevations shall be
submitted to the Planning Division for review, and if satisfactory, approval, prior to submittal
to the Building and Safety Division.
27. 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.
28. All parking spaces shall comply with the currently applicable section of the Rosemead
Municipal Code. All covered parking spaces shall be free and clear with no obstruction.
29. All delivery vehicles shall enter the development from Strathmore Avenue and park in a
designated loading area on the ground level for site deliveries and loading/unloading. Delivery
trucks would be restricted to two axle trucks. Delivery trucks shall not park along Garvey
Avenue, Virginia Avenue, or Strathmore Avenue.
30. Truck deliveries shall occur only during off-peak hours so that any potential conflict between
trucks, residents, and customers of the development will be minimal. All truck deliveries shall
comply with Rosemead Municipal Code Chapter 8.36.
31. Prior to the issuance of Building permits, the Developer shall develop a comprehensive
Construction Management Plan, subject to the review and approval of the Planning Division,
Building and Safety Division, and Public Works Department. The Construction Management
Plan shall address security of site and equipment, noise, vibrations, traffic control, parking,
debris removal, staging, dust control, sanitary facilities, and other potential construction
impacts, as well as other details involving the means and methods of completing the project,
including the construction equipment route. The City has the authority to require modifications
and amendments to the Construction Management Plan as deemed necessary throughout the
course of the project and until the final inspection.
32. A construction notice shall be mailed to residents within a 300' radius from the project site to
inform them of the commencement of construction. The notice shall be mailed ten days prior
to commencement.
33. Any exterior lighting shall be fully shielded and directed downwards as to not project over the
property lines of the subject site.
34. The applicant shall submit a Master Sign Program for the mixed-use development to the
Planning Division for review and approval prior to the issuance of any Certificate of
Occupancy.
35. The developer shall make all efforts within the first six months of the leasing period to
incorporate national or regional tenants into the commercial leasing spaces.
36. Restrictions and/or covenants shall be recorded on the property to ensure the benefits or
amenities provided to earn the Community Benefit Incentives are maintained in perpetuity.
The project must include community benefit incentives exceeding 130 points to gain a 3.0 floor
area ratio (FAR) and density of 80 units/acre. The type of benefit and points earned are listed
below:
a. Lot Consolidation — 35 points
b. Family Friendly Development — 30 points
c. Nonresidential Component of Mixed -Use Development Sites — 20 points and 5%
increase in residential to make the split 70% residential to 30% commercial
d. Public Parking — 6 points
e. Sustainable Design (CAL -Green Tier 1) — 20 points or Alternative Energy — 30
Points
37. A Minor Exception application shall be processed pursuant to Rosemead Municipal Code
(RMC) Section 17.142.020 for the 22 feet wide driveway adjacent to the public alley.
38. An Administrative Use Permit shall be processed pursuant to Rosemead Municipal Code
(RMC) Chapter 17.128 for the tandem parking of the live/work units.
Public Works Conditions of Approval
39. Copy all conditions of approval and the Planning decision letter onto all permit plan sets.
40. The approved building address(s) shall be painted on the curb to the City's standard as required
by the Public Works Inspector before the final inspection.
41. Rehabilitate existing AC street pavement along the property frontage to the centerline of the
street or pay an in -lieu fee equal to the estimated cost of street rehabilitation based on the Los
Angeles County Land Development Division Bond Calculation Sheets before the issuance of
building permits to the satisfaction of the City Engineer or designee. 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.
42. Any trenching asphalt or concrete pavement or street or sidewalk removal related to the project
repair shall match the existing surfaces and as directed by the City Engineer or his designee.
New pavement thickness shall be one inch greater than the existing and conform to City of
Rosemead Pavement Resurfacing standard details TS -1 through TS -5. Standard details can be
found on the Public Works webpage at: https://www.cityofrosemead.org.
43. Dedicate street R/W to match the ultimate R/W condition, when applicable.
44. The required street improvements shall include those portions of roadways contiguous to the
subject property and include:
a. Reconstruct existing and construct new driveway approaches with current ADA bypass
requirements per SPPWC, latest edition. No portion of the driveway and/or parkway
shall encroach to the frontage of the adjacent property. Remove and replace relocated
driveway approaches with sidewalk and curb and gutter.
b. Remove and reconstruct all damaged and/or off -grade curbs, gutters, ADA ramps,
driveway approaches, and sidewalks.
c. Install street storm drain catch basin trash grates adjacent to the property (type to match
City standard), when applicable.
45. 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.
46. If required, a final tract map prepared by, or under the direction of a Registered Civil Engineer
authorized to practice land surveying, or a Licensed Land Surveyor, must be processed
through the City Engineer's office prior to being filed with the County Recorder.
47. If required, 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.
48. If required, 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, if required.
49. If applicable, the 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 Mylar copy of the filed map.
50. Comply with all requirements of the Subdivision Map Act.
51. Approval for filling of this land division is contingent upon approval of plans and
specifications mentioned below. If the improvements are not installed prior to the filing of
this subdivision, the developer must submit an Undertaking Agreement and a Faithful
Performance and Labor and Materials Bond in the amount estimated by the City Engineer
guaranteeing the installation of the improvements.
52. If applicable, 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.
53. 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.
54. A grading and drainage plan must provide for each lot having an independent drainage system
to the public street, to a public drainage facility, or by means of an approved drainage
easement.
55. 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.
56. 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.
57. 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.
58. If the project is greater than one acre, a Storm Water Pollution Plan is required. A Notice of
Intent (NOI) shall be filed with the State Water Resources Control Board. When submitting
the SWPPP for the City's review, please include the NOI and the Waste Discharger
Identification (WDID) number.
59. 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.
60. Submit a LID plan and comply with all NPDES requirements.
61. If applicable, install Full Capture Devices (FCDs) on each storm drain catch basin adjacent to
the property pursuant Los Angeles River Trash TMDL requirements and City standard.
62. Clearly show all existing lot lines and proposed lot line on the plans.
63. Provide a complete boundary and topographic survey.
64. Show any easement on the plans as applicable.
65. Print all Project Conditions of Approval on all plan sets.
TRAFFIC
66. Comply with all traffic requirements.
67. At the City Engineer's discretion a portion of the raised median on the west leg of Garvey
Avenue shall be removed and replaced with a two-way left turn median.
68. If the project generates 50 or more new peak -hour vehicle trips, then a traffic impact study
will need to be completed. A trip generation table with distribution of project trips at each
driveway should be submitted to City Engineering and Traffic to determine the extent and
scope of the Traffic Analysis required.
69. Internal access, on-site parking, and line of sight at each project driveway shall be submitted
to determine if off-site parking restrictions are necessary.
70. Following State Mandate SB 743 all development projects need to determine if they are
exempt from a VMT (Vehicle Miles Traveled) assessment. Exempt projects include the
following:
a. Projects that generate less than 110 Daily vehicle trips which usually correspond to
the following:
i. 11 single family housing units
ii. 16 multi -family, condominiums, or townhouse housing units
iii. 10,000 sq. ft. of office
iv. 15,000 sq. ft. of light industrial
v. 63,000 sq. ft. of warehousing
vi. 79,000 sq. ft. of high cube transload and short-term storage warehouse3
b. Local serving retail projects less than 50,000 sqf which includes:
i. Gas Stations
ii. Banks
iii. Restaurants
iv. Shopping Center
v. Day care centers
vi. Local -serving hotels (e.g. non -destination hotels)
vii. Student housing projects on or adjacent to a college campus
viii. Local -serving assembly uses (places of worship, community organizations)
ix. Affordable, supportive, or transitional housing
x. Assisted living facilities
xi. Senior housing (as defined by HUD)
Any project not fitting in these categories must use the City Supplied VMT tool at:
https://apps.fehrandpeers.com/SGVCOGVMT/ to determine if their project is in a TPA
(Transit Priority Area) or in an identified LOW VMT Area for exemption.
71. Any project not considered exempt will need to prepare a VMT assessment for the project.
SEWER
72. If applicable, approval of this land division is contingent upon providing a separate sewer
lateral to serve each lot of the land division.
73. 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.
74. 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.
75. 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
76. All power, telephone, cable television, and all utilities to the project and adjacent to the project
shall be installed and relocated underground unless impracticable to the satisfaction of the
City Engineer or designee.
77. Any utilities that conflict with the development shall be relocated at the developer's expense.
78. Provide a street lighting plan and parking lot lighting plan.
WATER
79. 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.
80. Water hydrant, water meter box and utilities box shall be located 8 feet away from parkway
trees and 3 feet away from driveway approach.
81. Prior to the approval of the tentative map, there shall also be filed with the City Engineer, a
statement from the water purveyor and fire department indicating compliance with the Fire
Chiefs fire flow requirements.
LA COUNTY FIRE DEPARTMENT
82. The applicant shall company with All Conditions of Approval imposed by the County of Los
Angeles Fire Department outline in their letter dated July 15, 2022.
Mitieation Measure Conditions
Aesthetics
83. Prior to the issuance of a building permit the project applicant shall submit a lighting plan for
approval by the Planning Division that incorporates the following light reducing measures as
applicable:
a. Select lighting fixtures with more -precise optical control and/or different lighting
distribution.
b. Relocate and/or change the height and/or orientation of proposed lighting fixtures.
c. Add external shielding and/or internal reflectors to fixtures.
d. Select lower -output lamp/lamp technologies.
e. A combination of the above.
Air Quality
84. Prior to the start and throughout project construction, the contractor shall implement and
maintain the following fugitive dust control measures:
a. Apply soil stabilizers or moisten inactive areas.
b. Water exposed surfaces as needed to avoid visible dust leaving the construction site
(typically 2-3 times/day).
c. Cover all stockpiles with tarps at the end of each day or as needed.
d. Provide water spray during loading and unloading of earthen materials.
e. Minimize in -out traffic from construction zone.
f Cover all trucks hauling dirt, sand, or loose material and require all trucks to maintain
at least two feet of freeboard.
g. Sweep streets daily if visible soil material is carried out from the construction site.
85. Throughout project construction the contractor shall:
a. Utilize well -tuned off-road construction equipment.
b. Establish a preference for contractors using Tier 3 or better heavy equipment.
c. Enforce 5 -minute idling limits for both on -road trucks and off-road equipment.
Cultural Resources
86. The project developer shall retain a qualified professional archaeologist who meets U.S.
Secretary of the Interior's Professional Qualifications and Standards, to conduct an
Archaeological Sensitivity Training for construction personnel prior to commencement of
excavation activities. The training session shall be carried out by a cultural resource
professional with expertise in archaeology, who meets the U.S. Secretary of the Interior's
Professional Qualifications and Standards. The training session shall include a handout and
will focus on how to identify archaeological resources that may be encountered during
earthmoving activities and the procedures to be followed in such an event, the duties of
archaeological monitors, and the general steps a qualified professional archaeologist would
follow in conducting a salvage investigation if one is necessary.
87. In the event that archaeological resources are unearthed during ground disturbing activities,
ground -disturbing activities shall be halted or diverted away from the vicinity of the find so
that the find can be evaluated. A buffer area of at least 50 feet shall be established around the
find where construction activities shall not be allowed to continue until a qualified
archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the
find. Work shall be allowed to continue outside of the buffer area. All archaeological resources
unearthed by project construction activities shall be evaluated by a qualified professional
archaeologist, who meets the U.S. Secretary of the Interior's Professional Qualifications and
Standards. Should the newly discovered artifacts be determined to be prehistoric, Native
American Tribes/Individuals shall be contacted and consulted, and Native American
construction monitoring shall be initiated. The project developer and the City shall coordinate
with the archaeologist to develop an appropriate treatment plan for the resources. The plan may
include implementation of archaeological data recovery excavations to address treatment of
the resource along with subsequent laboratory processing and analysis.
88. The project developer shall retain a qualified professional archaeologist, who meets the U.S.
Secretary of the Interior's Professional Qualifications and Standards to conduct periodic
Archaeological Spot Checks beginning at depths below 2' feet to determine if construction
excavations have exposed or have a high probability to expose archaeological resources. After
the initial Archaeological Spot Check, further periodic checks shall be conducted at the
discretion of the qualified archaeologist. If the qualified archaeologist determines that
construction excavations have exposed or have a high probability to expose archaeological
artifacts construction monitoring for Archaeological Resources shall be required. The project
developer shall retain a qualified archaeological monitor, who will work under the guidance
and direction of a professional archaeologist, who meets the qualifications set forth by the U.S.
Secretary of the Interior's Professional Qualifications and Standards. The archaeological
monitor shall be present during all construction excavations (e.g., grading, trenching, or
clearing/grubbing) into non -fill younger Pleistocene alluvial sediments. Multiple earth -moving
construction activities may require multiple archaeological monitors. The frequency of
monitoring shall be based on the rate of excavation and grading activities, proximity to known
archaeological resources, the materials being excavated (native versus artificial fill soils), and
the depth of excavation, and if found, the abundance and type of archaeological resources
encountered. Full-time monitoring can be reduced to part-time inspections if determined
adequate by the project archaeologist.
89. The archaeological monitor, under the direction of a qualified professional archaeologist who
meets the U.S. Secretary of the Interior's Professional Qualifications and Standards, shall
prepare a final report at the conclusion of archaeological monitoring. The report shall be
submitted to the project developer, the South Central Costal Information Center, the City, and
representatives of other appropriate or concerned agencies to signify the satisfactory
completion of the project and required mitigation measures. The report shall include a
description of resources unearthed, if any, evaluation of the resources with respect to the
California Register and CEQA, and treatment of the resources.
Noise
90. Dozers and graders shall not operate within 35 feet of any residential unit adjacent to the site.
Grading within 35 -feet of adjacent residential units shall use quieter equipment such as a
loader/backhoe or rubber tired equipment.
91. All construction equipment shall be equipped with mufflers and other suitable noise
attenuation devices (e.g., engine shields).
92. Grading and construction contractors shall use rubber -tired equipment rather than track
equipment, to the maximum extent feasible.
93. If feasible, electric hook-ups shall be provided to avoid the use of generators. If electric service
is determined to be infeasible for the site, only whisper -quiet generators shall be used (i.e.,
inverter generators capable of providing variable load.
94. Electric air compressors and similar power tools rather than diesel equipment shall be used,
where feasible.
95. Generators and stationary construction equipment shall be staged and located as far from the
adjacent residential structures as feasible.
96. Construction -related equipment, including heavy-duty equipment, motor vehicles, and
portable equipment, shall be turned off when not in use for more than 5 minutes.
97. A sign shall be posted in a readily visible location at the project site that indicates the dates
and duration of construction activities, as well as provide a telephone number where residents
can enquire about the construction process and register complaints to an assigned construction
noise disturbance coordinator.
98. Dozers shall not operate within 25 feet of the north property line.
Public Services
99. Prior to the issuance of a building permit, the project developer shall contact the County of Los
Angeles Sheriff's Department Temple Station and incorporate all applicable CPTED
defensible space measures into the final project design to reduce criminal activity at the project.
100. Prior to the issuance of a grading permit, the project developer shall submit a Construction
Traffic Management Plan to the County of Los Angeles Sheriff s Department Temple Station
that identifies the construction management measures that would be implemented during
construction to minimize construction -related traffic congestion and emergency project
access.
Traffic
101. Approximately 12 months after the issuance of a Certificate of Occupancy, or the City
Engineers discretion, the project developer shall conduct a traffic signal warrant at the
Strathmore Avenue/Garvey Avenue intersection. If warranted, the project developer's fair -
share of the cost of the construction of the traffic signal shall be paid from the Development
Impact Fees collected from the developer.
102. Red curbs shall be painted as shown in Figure 21 of the MND prior to the issuance of a
building permit.
Tribal Cultural Resources
103. 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.
104. 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[f]). 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.
Attachment C
Planning Commission Staff Report
Dated May 15, 2023
(Without Attachments)
ROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: MAY 15, 2023
SUBJECT: ZONE CHANGE 22-02 AND SPECIFIC PLAN AMENDMENT 22-01
7849-7857 GARVEY AVENUE AND 7900-7916 VIRGINIA STREET
SUMMARY
Green Park Property LLC has submitted entitlement applications requesting to amend
the Zoning Map and Garvey Avenue Specific Plan by changing the zone of the subject
properties from Garvey Avenue Specific Plan (GSP) (APNs: 5287-038-018, -019, -020
and -029) and Garvey Avenue Specific Plan, Residential/Commercial (GSP-R/C)
(APNs: 5287-038-030 and -033) to Garvey Avenue Specific Plan, Incentivized Mixed -
Use (GSP-MU) zone, for the development of a new residential/commercial mixed-use
development. The project is located at 7849-7857 Garvey Avenue and 7900-7916
Virginia Street, on a 1.21 acre site, north of Garvey Avenue, and bounded by Virginia
Street to the north and Strathmore Avenue to the east. The project proposes the
construction of a seven -story, mixed-use development with 35,105 square feet of
nonresidential use and 93 residential apartments, which includes 24 live/work units. The
project will include 208 parking spaces, new landscaping, and private and common
open space.
The Initial Study has been undertaken to determine if the proposed project may have a
significant effect on the environment. The Initial Study was prepared and completed in
accordance with the California Environmental Quality Act (CEQA) Guidelines. On the
basis of the Initial Study, the City of Rosemead has concluded that the project would
have a significant impact, unless mitigated, therefore a Draft Mitigated Negative
Declaration (MND) was prepared. The MND reflects the independent judgment of the
City as a lead agency per CEQA Guidelines. The project site is not on a list compiled
pursuant to Government Code section 65962.5.
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 April 24, 2023 to May
15, 2023. The Initial Study/Draft Mitigated Negative Declaration and a Mitigation
Planning Commission Meeting
May 15, 2023
Page 2 of 51
Monitoring Program are attached to this staff report for review (Exhibits "E" and "F",
respectively). 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 Initial
Study/Draft Mitigated Negative Declaration and Mitigation Monitoring Program.
STAFF RECOMMENDATION
That the Planning Commission:
1. Conduct a public hearing and receive public testimony; and
2. Adopt Planning Commission Resolution No. 23-03 with findings (Exhibit "A"), a
resolution recommending that the City Council adopt Resolution 2023-26 for the
adoption and approval of the associated Initial Study/Draft Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program and Ordinance No.
1016 for the approval of Specific Plan Amendment 22-01 and Zone Change 22-
02, and (Exhibits "B" and "C", respectively).
PROPERTY HISTORY AND DESCRIPTION
The subject site consists of six parcels, totaling approximately 1.2 acres of land. The
four parcels along located along Garvey Avenue are improved with commercial
buildings that consist of four tenants and respective off-street parking. According to
business license records, two out of the four commercial units are vacant. Occupied
commercial tenants include a barber shop and a termite pest control office. The
remaining two parcels along Virginia Street and Strathmore Avenue are vacant. The
existing commercial buildings and all ancillary improvements will be demolished and
removed.
Aerial View of Project Site
Planning Commission Meeting
May 15, 2023
Page 3 of 51
Existing Southwest View
Site & Surroundina Land Uses
The site is designated in the General Plan as Garvey Avenue Specific Plan and on the
Zoning map it is designated as Garvey Avenue Specific Plan (GSP) and Garvey Avenue
Specific Plan, Residential/Commercial (GSP-R/C). 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:
DISCUSSION
6u' Cycle Housing Element
Medium Density Residential
Light Multiple Residential (R-2)
Residential
Garvey Avenue Specific Plan
Garvey Avenue Specific Plan,
(GSP-MU)
Vacant
Incentivized Mixed -Use
Garvey Avenue Specific Plan
Garvey Avenue Specific Plan (GSP)
Commercial
Garvey Avenue Specific Plan
Garvey Avenue Specific Plan (GSP)
Commercial
The California Department of Housing and Community Development (HCD) has
determined that the regional housing need for jurisdictions in the SCAG region is
Planning Commission Meeting
May 15, 2023
Page 4 of 51
1,341,827 units and 4,612 units were allocated to the City of Rosemead. The proposed
development of 93 residential units will contribute to the City's RHNA allocation for
Planning Cycle 2021 to 2029.
Project Description
As illustrated on the architectural plans in Exhibit "I", the project proposes a seven -story,
mixed-use development that totals 115,400 square feet, which includes 35,105 square
feet of nonresidential use and 93 residential apartments, which includes 24 live/work
units. The project will also include 208 parking spaces, new landscaping, and private
and common open space.
Proposed Site Plan
The applicant has applied for the following land use permits:
Zone Chanae 22-02
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 22-02 will amend the Zoning Map of
the subject site from GSP (APNs: 5287-038-018, -019, -020 and -029) and GSP-
R/C (APNs: 5287-038-030 and -033) to GSP-MU.
Specific Plan Amendment 22-01
Per Section 65453(a) of the California Government Code, a specific plan shall be
prepared, adopted, and amended in the same manner as a general plan, except
that a specific plan may be adopted by resolution or by ordinance and may be
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Proposed Site Plan
The applicant has applied for the following land use permits:
Zone Chanae 22-02
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 22-02 will amend the Zoning Map of
the subject site from GSP (APNs: 5287-038-018, -019, -020 and -029) and GSP-
R/C (APNs: 5287-038-030 and -033) to GSP-MU.
Specific Plan Amendment 22-01
Per Section 65453(a) of the California Government Code, a specific plan shall be
prepared, adopted, and amended in the same manner as a general plan, except
that a specific plan may be adopted by resolution or by ordinance and may be
Planning Commission Meeting
May 15, 2023
Paoe 5 of 51
amended as often as deemed necessary by the legislative body. Per Rosemead
Municipal Code Section 17.150.040, adoption of, or amendment to, a specific
plan relating to land use may be initiated by the City or by submittal of a Master
Plan. When initiated by a master plan, the person shall file a petition with the
City and pay a filing fee as required in Chapter 17.120 of [Title 17]. The
applicant submitted a Specific Plan Amendment (Specific Plan Amendment 22-
01) to amend the zoning district of the subject site from GSP (APNs: 5287-038-
018, -019, -020 and -029) and GSP-R/C (APNs: 5287-038-030 and -033) to
GSP-MU in Figure 3.1 Zoning of the Garvey Avenue Specific Plan.
Development Standards
Staff has verified that the proposed development would be in compliance with most of
the applicable development standards of the Garvey Avenue Specific Plan, as
demonstrated in the following table, however, the application of community benefits
have been applied to the project, which allows deviations from development standards
for density, floor area ratio (FAR), and building commercial/residential land use ratio.
The details of the Community Benefits Program are described on page 7.
Development Feature
Required
Proposed
Total Lot Size of
Development Site
10,000 square feet (minimum)
52,926 square feet
Maximum density without the provision of
77 dwelling units/gross acre
Community Benefits: 25 dwelling units/gross acre
Density
Community Benefits applied
Maximum density with the provision of Community
Benefits: 80 dwelling units/gross acre
Floor Area Ratio (FAR) without the provision of
Community Benefits: 1.6 maximum
22
Floor Area Ratio (FAR)
"Community Benefits applied
Floor Area Ratio (FAR) with the provision of
Community Benefits: 3.0 maximum
12'-0' with T-0" wide sidewalk (clear zone) and 5'-
12'-0' with T-0" wide sidewalk
Public Sidewalk
0"wide parkway (amenity zone)
(clear zone) and 5'-0" wide
arkwa(amenity zone
Front Setback
Nonresidential: No Minimum
Zero (0) feet
East: No minimum unless required by Community
Development Director, Public Works Director,
City Manager or his/her designee, or other
East: 10'0"
reviewing agency.
West: 18'-1"
Interior Lot Line Setback
West: All residential, commercial, and mixed-use
developments shall have a side variable height
Variable height requirement
when abutting R-1 or R-2 zones.
met, please refer to Section B
This specifies a setback minimum of 10' from the
on Sheet A-300
property line, increasing at a 60 degree angle from
that point.
No minimum unless required by Community
Side Street Setback
Development Director, Public Works Director,
Zero (0) feet
City Manager or his/her designee, or other
reviewing agency.
20' minimum if
Rear Setback
abutting residential, otherwise no
Zero (0) feet
minimum required
Planning Commission Meeting
May 15, 2023
Pace 6 of 51
75'-0"
75'-0"
Height
An additional 5'-0" beyond the height limit is
allowed for unique architectural elements as
The proposed parapet extends
determined by the Community Development
an additional 2'-0"
Director.
For residential developments, the project shall
provide no less than 1.0 standard sized parking
space/dwelling unit.
Total required residential parking: 69 parking
69 units = 69 secured parking
spaces
spaces
In addition to the residential spaces described
69`(0.5) = 35 secured parking
Parking (Residential —
above, 0.5 standard sized parking space/dwelling
spaces
Includes Guest Parking)
unit is required guest parking.
Total Provided: 104 secured
Total required residential guest parking: 35 parking
parking spaces
spaces
Provide 1.0 standard size
parking space
per 400 square feet of floor
The greater of:
area
Residential: 1.0 standard sized parking space and
24 LiveM/ork units (Live) = 24
Parking (Live[Work —
0.5 standard sized guest parking space
secured parking spaces
Includes Guest Parking)
Nonresidential: Provide 1.0 standard size parking
24 Live/work units (Work) = 25
space
secured/unsecured parking
per 400 square feet of floor area
spaces
Total Provided: 49 Parking
spaces
Retail: 1.0 standard sized packing space per 400
Parking (Commercial)
square feet of floor area
46 parking spaces
Total Required: 46 parking spaces
10% of required off-street parking
Bicycle Parking
20 bicycle parking spaces
199 (10%) = 20 bicycle parking spaces
Usable Public Open Space: 5% of lot size
Usable Public Open Space:
Total Required: 2,646 square feet
4,235 square feet
Usable Private Common
Usable Private Common
Open Space
Open Space: 150 square feet/dwelling unit
Open Space: 19,114 square
feet
Total Required: 13,800 square feet
Private Open Space: 10,067
Private Open Space: 75 square feet/dwelling unit
square feet
Total Required: 6,976 square feet
68% Residential and
Building Commercial/
65% Residential and 35% Commercial
32% Commercial
Residential Ratio
" Community Benefits applied
Planning Commission Meeting
May 15, 2023
Pace 7 of 51
Community Benefits Program
The Garvey Avenue Specific Plan has provisions for community benefit incentives,
which allows developers and property owners to increase the development potential if
community benefits applied to the development application, constructed as part of the
project development, and operated in perpetuity. Restrictions and/or covenants are
required to be recorded on the property to ensure the benefits or amenities provided to
earn the Community Benefit Incentive are maintained in perpetuity. The Garvey Avenue
Community Benefit Program is applicable to all parcels within the Garvey Avenue
Specific Plan corridor. The Garvey Avenue Community Benefit Program is based on a
point system. Each community benefit type is assigned a number of Community Benefit
points. A project may earn points from a single or multiple categories, depending on the
project applicant's preference. The number of community benefit points earned is then
translated into the increased density, FAR, or a deviation in the building
commercial/residential ratio. The increase varies by zone and land use type.
As shown in the table below, the proposed project includes five community benefit
incentives:
Type of
Basis for calculating Points
Maximum
Earned
FAR
Density
Benefit
Points*
Points
Earned
Earned
Lot
Consolidation
6 lots consolidated into 1 parcel
35
35
Family
More than 10% of housing units as three
Friendly
bedroom or larger units.
50
30
Development
In order to provide for significant
opportunities for national and regional retail
Nonresidential
tenants, a bonus shall be granted if the
component of
nonresidential component of a mixed-use
Mixed-use
site provides for tenant space with an
20
20
development
average size of 2,000 s.f. or more (minimum
sites
size of 600 s.f. for each tenant space), then
the project will receive a 5% increase in
residential to make the split 70% residential
to 30% commercial.
2 Points: For every 1 standard sized parking
space marked for public use and
permanently available for public use,
Public Parking
provided the project meets the minimum
50
6 — 3 stalls
number of required public and private
spaces, per this Specific Plan or the City of
Rosemead
40 Points: If 50% or more of total building
roof is an accessible, operational eco roof.
30 Points: LEEDTM Platinum, CALGreen
Tier 2, or equivalent (third -party certification
20 _
Sustainable
required)
70
CALGreen
Design
Tier 1
20 Points: LEEDTM Gold, CALGREEN Tier
1, or equivalent (third -party certification
required)
The increased density or intensity will be
Planning Commission Meeting
May 15, 2023
Page 8 of 51
The total of community benefit points earned is 131. Based Table 3.6 of the Garvey
Avenue Specific Plan, shown below, the earned points allows the project a 3.0 FAR, a
density of up to 80 dwelling units/acre, and a deviation in the building
commercial/residential land use ratio to 70% Residential Use and 30% Nonresidential
Use, compared to a 1.6 FAR, 25 dwelling units/acre, and 65% Residential Use and 35%
Nonresidential Use, respectively. The project proposes a FAR of 2.2, a density of 77
du/acre, and a building commercial/residential land use ratio of 69% Residential and
31% Commercial, as allowed for the site with the proposed community benefit
incentives.
Table 3.6 Community Benefit Incentive Maximum FAR or Density
Maybition,
granted to the qualifying building not the
With the
Provisim of Community
Reaefift
entire development or site area.
Fzmed GSP-R
C Zztic
Gsp Z.� C.mmen,i.]
Land U�
ki,�.&U.
The project will be conditioned to ensure
0
0.75
7
0.75
0.75
compliance and construction in accordance
25
1.20
0.8
11
0.8
with LEED Platinum, LEED Gold, CALGreen
1.78
32
2140
0.85
14
Tier 2, or CALGreen Tier 1.
0.85
1.96
39
41-60
0.9
18
Total
131
3.0
80
61-80
0.95
Points
0.95
0.95
du/acre
The total of community benefit points earned is 131. Based Table 3.6 of the Garvey
Avenue Specific Plan, shown below, the earned points allows the project a 3.0 FAR, a
density of up to 80 dwelling units/acre, and a deviation in the building
commercial/residential land use ratio to 70% Residential Use and 30% Nonresidential
Use, compared to a 1.6 FAR, 25 dwelling units/acre, and 65% Residential Use and 35%
Nonresidential Use, respectively. The project proposes a FAR of 2.2, a density of 77
du/acre, and a building commercial/residential land use ratio of 69% Residential and
31% Commercial, as allowed for the site with the proposed community benefit
incentives.
Table 3.6 Community Benefit Incentive Maximum FAR or Density
Maybition,
FAR or Density Permitted
With the
Provisim of Community
Reaefift
Community Benefit Points
Fzmed GSP-R
C Zztic
Gsp Z.� C.mmen,i.]
Land U�
ki,�.&U.
Land U�
0
0.75
7
0.75
0.75
1.6
25
1.20
0.8
11
0.8
0.8
1.78
32
2140
0.85
14
0.85
0.85
1.96
39
41-60
0.9
18
0.9
0.9
2.14
46
61-80
0.95
21
0.95
0.95
2.32
53
81_100
IA
25
1.0
1.0
2.5
60
101.115
N/A
N/A
N/A
1.0
2.68
67
116-130
N/A
N/A
N/A
1.0
2.86
74
130 and above
N/A
NIA
N/A
1.0
3.0
80
Floor Plan
The project proposes 35,105 square feet of non-residential use (retail/office/residential-
work) with two commercial units totaling 5,423 square feet on the first floor, six office
units totaling 6,230 square feet on the second floor, seven office units totaling 6,571
square feet on the third floor, and 16,881 square feet of work area within the livetwork
units on the fourth floor.
In addition, the project also proposes 93 residential units on the first through seventh
floors. Of the 93 residential units, 24 are live/work units, including three live/work units
on the ground level, one live/work unit on both the second and third floors, and 19
live/work units on the fourth floor. The size of the livetwork units range from 705 square
feet to 1,745 square feet. There are 12 different live/work floor plans proposed, each
with a living room, kitchen, bedrooms, bathrooms, laundry rooms, and closets. The
details of the live/work units are provided on page 9.
Planning Commission Meeting
May 15, 2023
Page 9 of 51
Unit Type
No. of Units
Square Feet
No. of
Bedrooms
Live Square
Feet
Work Square
Feet
1A
4
705
1
226
479
1B
2
740
1
240
500
1C
1
723
1
223
500
2A
4
1,065
2
340
725
2B
3
1,026
2
314
712
2C -C
1
1,129
2
299
830
2D
1
1,162
2
380
782
2H
1 1
1,175
3
295
1 880
21
3
1,064
3
328
736
2.1
1
1,115
3
323
792
3A
2
1,406
3
450
956
3B
1
1 1,745
1 3
722
1023
Total
24
The project proposes 69 apartment units on the fifth through seventh floors with 21
apartment units on the fifth floor, 25 apartment units on the sixth floor, and 23 apartment
units on the seventh floor.
Unit Type
No. of Units
Square Feet
No. of Bedrooms
1A
15
705
1
1B
6
740
1
1C
3
723
1
2A
1 6
1,065
2
2A -S
1
1,297
2
2B
9
1,026
2
2C -C
3
1,129
2
2D
3
1,162
2
2E
2
1,187
2
2H
3
1,175
2
Planning Commission Meeting
May 15, 2023
Page 10 of 51
21
9
1,064
2
2J
2
1,115
2
3A
4
1,406
3
3B
3
1,745
3
Total
1 69
Proposed Architecture
The color renderings of the proposed mixed-use building is shown below and in Exhibit
„I„
The architectural design and character of the proposed mixed-use development is
modern and includes building elevations that are detailed and articulated with
projections and recesses to avoid long and plain surfaces. Building mass would be
further minimized through the use of differentiated building materials (aluminum
composite wood siding, and travertine tiles), colors (combination of brown and beige
tones), and the incorporation of architectural features such as extended balconies with
glass panels, steel canopies, and batten screening. Landscaped private open space
would improve the aesthetics of the project site for the existing residents north, east,
and west of the site, as well as the commercial businesses adjacent to the site. The
project would also improve the street views of the existing development on the site for
Planning Commission Meeting
May 15, 2023
Page 11 of 51
motorists and pedestrians on Virginia Street, Strathmore Avenue, Brighton Avenue, and
Garvey Avenue by replacing the flat developed site with a new Contemporary -Modern
architectural mixed-use building and landscaping.
Proposed Landscaping and Walls
The project proposes 6,831 square feet of landscaping, totaling approximately 12.9% of
the site. The project landscaping on the ground level includes drought tolerant shrubs
and ground cover with drip irrigation, accent street trees with in -ground up -lights, bike
racks on Garvey Avenue and Strathmore Avenue, 3'-0" diameter accent flower pots for
security barriers on both Garvey Avenue and Strathmore Avenue, a 2'-0" high masonry
wall with stucco finish to match the building adjacent to the proposed park bench
adjacent to Garvey Avenue, rectangular porcelain pavers in running bond pattern in the
sidewalk along Garvey Avenue and Strathmore Avenue, colored concrete in a 3'x3' grid
pattern with top cast finish in the sidewalk on Garvey Avenue, V-0" wide colored
concrete banding with medium broom finish in the sidewalk on Strathmore Avenue
adjacent to the site.
Landscaping is also proposed on the second, fourth, and seventh floors of the building.
The landscaping for the second floor includes a planter box along the west side of the
open parking structure with drought tolerant cascading plants with drip irrigation. The
landscaping proposed for the fourth floor courtyard includes medium scale evergreen
shade trees in a raised planter with up -lighting, decorative plank stamped colored
concrete, double sided in ground level gas fire pits, outdoor dining furniture, drought
tolerant shrubs and ground cover with drip irrigation, vertical accent palm trees in raised
planter boxes with up -lighting, raised tot -lot playground with approved play equipment
and American Disabilities Act (ADA) approved wood fiber mulch, stainless steel outdoor
gas barbeque units with granite counter top, raised planter, etc. The landscaping
proposed for the seventh -floor courtyard includes vertical accent palm trees in raised
planter boxes with up -lighting, outdoor sofas, tables, and chairs, 1'-8" wide shelf -bench
attached to the planter wall, granite bar/counter with stool seating at the edge of the
courtyard, decorative stamped colored concrete in 3'x3' grid pattern, raised gas fire pit,
etc.
The applicant has proposed to construct a split -face masonry wall along the rear portion
of the east and west property lines. Since the perimeter wall along the east and west
property lines abuts the rear of residential uses, the proposed wall will be 6'-0" high. In
addition, to soften the appearance of the wall on the rear portion of the east and west
property lines, vines will be incorporated and planted six feet apart.
Lighting
The project would generate new and more sources of light compared to the existing
light that is generated on the site by the existing one-story commercial uses. The
sources of light generated by the project include City required streetlights, interior and
exterior lighting of the seven -story building, landscape lighting, lighting in the parking
Planning Commission Meeting
May 15, 2023
Page 12 of 51
areas within the building and headlights of the cars that enter and leave the site at night.
There would be an incremental increase in the amount of light on area roadways from
the headlights of the motor vehicles generated by the project. Since all roadways that
would serve project traffic, including Garvey Avenue, Strathmore Avenue, Virginia
Street, the alley from Brighton Street, and Brighton Street generate light from the
existing motor vehicle traffic on these roadways the nighttime lighting by project traffic
would not be new or unique to the area. While the project would incrementally increase
the amount of nighttime motor vehicle lighting on these roadways in the project vicinity,
the increase in lighting is not anticipated to significantly impact the existing residential
land uses adjacent to the roadways since motor vehicle lighting currently exists. To
ensure the residential properties along Virginia Street are not impacted by the
headlights of motor vehicles, a condition of approval has been incorporated restricting
the driveway on Virginia Street for emergency access only.
Lights from the existing commercial uses adjacent to and within proximity to the project,
including the commercial uses west and south of the site generate nighttime lighting that
extends onto the project site. Therefore, the light that would be generated by the project
would not be new or unique to the project vicinity.
All private lighting associated with the project would be required to meet and comply
with all applicable lighting provisions in Rosemead Municipal Code Chapter 17.88. To
ensure that the proposed exterior building lighting plan does not significantly impact
existing adjacent and surrounding land uses, the following measure is recommended to
reduce off-site lighting impacts to less than significant:
Prior to the issuance of a building permit the project applicant shall submit a
lighting plan for approval by the Planning Division that incorporates the following
light reducing measures as applicable:
o Select lighting fixtures with more -precise optical control and/or different
lighting distribution.
o Relocate and/or change the height and/or orientation of proposed lighting
fixtures.
o Add external shielding and/or internal reflectors to fixtures.
c Select lower -output lamp/lamp technologies.
o A combination of the above.
Off -Street Parking and Access
There are three entry points for vehicular access to the site, however, only two would be
accessible to the tenants and residents of the development. The two accessible
driveways are located on the east side of the building at Strathmore Avenue and on the
west side of the building from the public alley. The driveway at the north end of the
building along Virginia Street will only serve as emergency access.
Planning Commission Meeting
May 15, 2023
Pace 13 of .51
The driveways at the north and east sides of the building are 25 feet wide and the
driveway at the west side of the building from the public alley is 22 feet wide. The 22
feet wide driveway would require a Minor Exception as the required driveway width for a
two-way driveway in the Garvey Avenue Specific Plan is 24 feet. Per Rosemead
Municipal Code (RMC) Section 17.142.020(A)(1), minor exceptions of the rear yard,
side yard, lot coverage, driveway, or parking stall size as may be necessary to secure
an appropriate improvement of a lot to prevent unreasonable hardship or to promote
uniformity of appearance, provided such exceptions do not exceed a twenty (20)
percent exception from existing regulations. The application would be processed and
reviewed by the Director of Community Development at a later date. A condition of
approval has been incorporated, requiring all delivery vehicles to enter the development
from Strathmore Avenue and park in a designated loading area on the ground level for
site deliveries and loading/unloading. Delivery trucks would be restricted to two axle
trucks. Delivery trucks shall not park along Garvey Avenue, Virginia Avenue, or
Strathmore Avenue.
Per RMC Table 17.21.030.1 (Garvey Avenue Specific Plan District Development
Standards), the following off-street parking requirements would apply to the residential
and nonresidential (commercial) uses in the GSP-MU zone:
• Residential: One standard sized parking space and 0.5 standard sized guest
parking space
• Nonresidential & Restaurants with 2,500 square feet floor area or less: One
parking space per 400 square feet of floor area
In January 2021, the City Council approved an interpretation of Live/Work Units within
the Garvey Avenue Specific Plan. Since the Garvey Avenue Specific Plan does not
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The driveways at the north and east sides of the building are 25 feet wide and the
driveway at the west side of the building from the public alley is 22 feet wide. The 22
feet wide driveway would require a Minor Exception as the required driveway width for a
two-way driveway in the Garvey Avenue Specific Plan is 24 feet. Per Rosemead
Municipal Code (RMC) Section 17.142.020(A)(1), minor exceptions of the rear yard,
side yard, lot coverage, driveway, or parking stall size as may be necessary to secure
an appropriate improvement of a lot to prevent unreasonable hardship or to promote
uniformity of appearance, provided such exceptions do not exceed a twenty (20)
percent exception from existing regulations. The application would be processed and
reviewed by the Director of Community Development at a later date. A condition of
approval has been incorporated, requiring all delivery vehicles to enter the development
from Strathmore Avenue and park in a designated loading area on the ground level for
site deliveries and loading/unloading. Delivery trucks would be restricted to two axle
trucks. Delivery trucks shall not park along Garvey Avenue, Virginia Avenue, or
Strathmore Avenue.
Per RMC Table 17.21.030.1 (Garvey Avenue Specific Plan District Development
Standards), the following off-street parking requirements would apply to the residential
and nonresidential (commercial) uses in the GSP-MU zone:
• Residential: One standard sized parking space and 0.5 standard sized guest
parking space
• Nonresidential & Restaurants with 2,500 square feet floor area or less: One
parking space per 400 square feet of floor area
In January 2021, the City Council approved an interpretation of Live/Work Units within
the Garvey Avenue Specific Plan. Since the Garvey Avenue Specific Plan does not
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May 15, 2023
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clearly identify the off-street parking requirement for live/work units, the City Council
determined that the off-street parking requirement would be the greater of the two uses.
This will ensure that off-street parking will not be impacted by live/work units in mixed-
use developments.
Based on the off-street parking requirements, a total of 199 parking spaces are required
for the proposed project. The applicant has proposed to provide 208 total parking
spaces, which includes 181 standard spaces (26 standard spaces will be tandem for the
live/work units), 22 compact spaces, five handicap accessible spaces, and three loading
space. The project also proposes 20 bicycle spaces. Off-street parking spaces for the
residential use is separated from nonresidential (commercial) parking and will be
accessed through a secure gated entrance. The tandem parking proposed for the
live/work units will be subject to an Administrative Use Permit per Rosemead Municipal
Code Chapter 17.128, which would be processed and reviewed by the Director of
Community Development at a later date. The project also proposes to utilize three
parking spaces for public parking which are located on the first floor directly in front of
the Strathmore Avenue driveway entrance.
Traffic
A traffic study was prepared for the project by Ganddini Group, Inc. Based on the traffic
study, the proposed project would not result in any new significant traffic impact impacts
or mitigation measures compared to the Garvey Avenue Specific Plan TIA/EIR. The
study intersections are forecast to operate at acceptable Levels of Service during the
peak hours for Opening Year (2024) with project conditions, except for the following
study intersection of Strathmore Avenue (NS) at Garvey Avenue (EV) which is forecast
to continue operating at an unacceptable Levels of Service. Since the currently
unsignalized intersection of Strathmore Avenue/Garvey Avenue is forecast to operate at
a deficient LOS, the need for installation of a traffic signal at this study intersection was
evaluated based on the California Manual on Uniform Traffic Controls (CA MUTCD)
peak hour volume traffic signal warrant. The installation of a traffic signal at the
intersection of Strathmore Avenue/Garvey Avenue is not warranted based on the
forecast AM and PM peak hour volumes for Opening Year (2024) with project
conditions.
Although not warranted by the project at this time, the City Engineer expressed a
concern for the need of a traffic signal at the Strathmore Avenue/Garvey Avenue
intersection in the future after the project is occupied due to cumulative traffic.
Therefore, a condition of approval has been incorporated requiring the applicant to
conduct a traffic signal warrant at the Strathmore Avenue/Garvey Avenue intersection,
approximately 12 months after the issuance of a Certificate of Occupancy. If warranted,
Development impact Fees (DIF) collected for the project will contribute to the installation
of a traffic signal in the future. DIF is a one-time fee charged to the new development.
The fee represents new developments' fair share of infrastructure and facility needs.
Based on this project, the City will collect approximately $102,534.13 in DIF for traffic
facilities.
Planning Commission Meefing
May 15, 2023
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The VMT analysis for the project is based on adopted City of Rosemead VMT
guidelines. Consistent with recommendations in the OPR Technical Advisory, the City of
Rosemead established screening criteria for certain projects that may be presumed to
have a less than significant VMT impact and includes projects located in low-VMT
generating areas. The City's TIA Guidelines specify the following screening steps: 1)
Project Type Screening; 2) Low VMT Area Screening; and 3) Transit Priority Areas
Screening. Project Type Screening Some project types have been identified as having
the presumption of a less than significant impact as they are local serving by nature, or
they are small enough to not warrant assessment.
The project is located in a low-VMT generating area. Therefore, the project satisfies the
screening criteria for low-VMT generating area and may be presumed to result in a less
than significant VMT impact in accordance with City of Rosemead VMT guidelines.
The City of Rosemead's Contract Traffic Engineer has reviewed the traffic study and
Initial Study/Draft Mitigated Negative Declaration and has deemed it acceptable. In
addition, it was determined that the project would not have any significant operational
traffic impacts.
County of Los Angeles Fire Department
The County of Los Angeles Fire Department has cleared the proposed project for the
public hearing subject to the requirements outlined in Exhibit "M".
MUNICIPAL CODE REQUIREMENTS
Zone Change
Per Rosemead Municipal Code Section 17.152.060(B), amendments to the Official
Zoning Map may be approved only if all the following findings are first made:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan.
The Garvey Avenue Specific Plan was adopted in 2018 and its requirements for
adoption included updating the General Plan to eliminate inconsistencies
between the two planning documents. The Garvey Avenue Specific Plan
amended the General Plan designation for approximately 88 parcels to support
the development of over 1.18 million square feet of commercial development,
892 dwelling units, and 0.77 acres of open space. These estimates represent a
realistic building of the planning area based on an analysis of existing
development that will persist through the life of the proposed Specific Plan plus
anticipated redevelopment. The proposed site is located within Garvey Avenue
Specific Plan General Plan land use designation. The project only proposes to
change the zone from Garvey Avenue Specific Plan (GSP) (APNs: 5287-038-
018, -019, -020 and -029) and Garvey Avenue Specific Plan,
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Residential/Commercial (GSP-R/C) (APNs: 5287-038-030 and -033) to Garvey
Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zone.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
The subject site is located within the Garvey Avenue Specific Plan. The subject
site consists of six parcels totaling approximately 1.21 acres. The proposed
amendment would change the zoning district within the Garvey Avenue Specific
Plan from GSP and GSP-R/C to GSP-MU for the construction of a
residential/commercial mixed-use development. The Garvey Avenue Specific
Plan was developed to create an attractive and desirable neighborhood "main
street" focusing on creating a vibrant corridor with visible pedestrian activity.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for
the proposed project pursuant to the California Environmental Quality Act
(CEQA). The Initial Study was undertaken for the purpose of deciding whether
the "project' may have a significant effect on the environment. On the basis of
the analysis within the Initial Study, the City has concluded that although the
proposed project could have a significant effect on the environment, there will
not be a significant effect in this case as mitigation measures have been
incorporated.
C. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
The proposed zone change will amend the Zoning Map from GSP (APNs: 5287-
038-018, -019, -020 and -029) and GSP-R/C (APNs: 5287-038-030 and -033) to
GSP-MU. The GSP-MU allows vertical mixed-use, where commercial uses are
on the ground floor, with residential uses above. The proposed project meets the
GSP-MU development standards and would be in compliance with the applicable
development standards of the Zoning Code.
D. The affected site is physically suitable in terms of design, location, operating
characteristics, shape, size, topography, and the provision of public and
emergency vehicle access, and public services and utilities and is served by
highways and streets adequate in width and improvement to carry the kind and
quantity of traffic the proposed use would likely generate, to ensure that the
proposed use(s) and/or development will not endanger, jeopardize, or otherwise
constitute a hazard to the property or improvements in the vicinity in which the
property is located.
The subject site is located within the Garvey Avenue Specific Plan. The Garvey
Avenue Specific Plan amended the Zoning Map and General Plan land use
designations for approximately 88 parcels to support the development of over
1.18 million square feet of commercial development, 892 dwelling units, and 0.77
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May 15, 2023
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acres of open space. These estimates represent a realistic building of the
planning area based on an analysis of existing development that will persist
through the life of the proposed Specific Plan plus anticipated redevelopment.
The site would be physically suited for provision of public and emergency vehicle
access, and public services and utilities.
Based on the Golden State Water Company, South San Gabriel Service Area
2020 Urban Water Management Plan dated July 16, 2021, the Golden State
Water Company has an adequate water supply to meet the demand of the
project into the future. In addition, the applicant has obtained a will -serve letter
from the Los Angeles County Sanitation Districts. A traffic study was also
prepared for the project by Ganddini Group, Inc. Based on the traffic study, the
proposed project would not result in any new significant traffic impact impacts or
mitigation measures compared to the Garvey Avenue Specific Plan TIA/EIR. The
project is located in a low-VMT generating area. Therefore, the project satisfies
the screening criteria for low-VMT generating area and may be presumed to
result in a less than significant VMT impact in accordance with City of Rosemead
VMT guidelines. The City of Rosemead's Contract Traffic Engineer has reviewed
the traffic study and Initial Study/Draft Mitigated Negative Declaration and has
deemed it acceptable. Furthermore, it was determined that the project would not
have any significant operational traffic impacts.
Specific Plan Amendment
Per Section 65453(a) of the California Government Code, a specific plan shall be
prepared, adopted, and amended in the same manner as a general plan, except that a
specific plan may be adopted by resolution or by ordinance and may be amended as
often as deemed necessary by the legislative body. Per Rosemead Municipal Code
Section 17.152.060(A), amendments to the General Plan may be approved only if all
the following findings are first made:
A. The proposed amendment is internally consistent with all other provisions of the
General Plan.
The Garvey Avenue Specific Plan was adopted in 2018 and its requirements for
adoption included updating the General Plan to eliminate inconsistencies
between the two planning documents. The proposed project continues to be
internally consistent with all other provisions of the General Plan. The project
proposes to change the zone from Garvey Avenue Specific Plan (GSP) (APNs:
5287-038-018, -019, -020 and -029) and Garvey Avenue Specific Plan,
Residential/Commercial (GSP-R/C) (APNs: 5287-038-030 and -033) to Garvey
Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zone and to remain
within the buildout development capacity of 1.18 million square feet of
commercial development and 892 dwelling units.
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B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience or welfare of the City.
The subject site is located within the Garvey Avenue Specific Plan. The subject
site consists of six parcels totaling approximately 1.21 acres. The proposed
amendment would change the zoning district within the Garvey Avenue Specific
Plan from GSP and GSP-R/C to GSP-MU for the construction of a
residential/commercial mixed-use development. The Garvey Avenue Specific
Plan was developed to create an attractive and desirable neighborhood "main
street' focusing on creating a vibrant corridor with visible pedestrian activity.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for
the proposed project pursuant to the California Environmental Quality Act
(CEQA). The Initial Study was undertaken for the purpose of deciding whether
the "project' may have a significant effect on the environment. On the basis of
the analysis within the Initial Study, the City has concluded that although the
proposed project could have a significant effect on the environment, there will
not be a significant effect in this case as mitigation measures have been
incorporated.
C. The 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 within the Garvey Avenue Specific Plan. The Garvey
Avenue Specific Plan amended the Zoning Map and General Plan land use
designations for approximately 88 parcels to support the development of over
1.18 million square feet of commercial development, 892 dwelling units, and 0.77
acres of open space. These estimates represent a realistic building of the
planning area based on an analysis of existing development that will persist
through the life of the proposed Specific Plan plus anticipated redevelopment.
The site would be physically suited for provision of public and emergency vehicle
access, and public services and utilities.
Based on the Golden State Water Company, South San Gabriel Service Area
2020 Urban Water Management Plan dated July 16, 2021, the Golden State
Water Company has an adequate water supply to meet the demand of the
project into the future. In addition, the applicant has obtained a will -serve letter
from the Los Angeles County Sanitation Districts. A traffic study was also
prepared for the project by Ganddini Group, Inc. Based on the traffic study, the
proposed project would not result in any new significant traffic impact impacts or
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Page 19 of 51
mitigation measures compared to the Garvey Avenue Specific Plan TIA/EIR. The
project is located in a low-VMT generating area. Therefore, the project satisfies
the screening criteria for low-VMT generating area and may be presumed to
result in a less than significant VMT impact in accordance with City of Rosemead
VMT guidelines. The City of Rosemead's Contract Traffic Engineer has reviewed
the traffic study and Initial Study/Draft Mitigated Negative Declaration and has
deemed it acceptable. Furthermore, it was determined that the project would not
have any significant operational traffic impacts.
PUBLIC COMMENTS RECEIVED FOR THE PLANNING COMISSION PUBLIC
HEARING
During the 20 -day public review and comment period for the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, the City received a letter
from Los Angeles County Sanitation Districts, attached Exhibit "H". The City's
Environmental Consultant, Phil Martin & Associates, will respond to all comments
received at the end of the 20 -day public review on May 15, 2023.
On May 7, 2023, the City Clerk's Office received two public comments via email from
residents Quan Le and Irene Truong, attached as Exhibits "I" and "J", respectively. Both
public comments were in opposition to the proposed driveway on Virginia Street, as the
residents believed the driveway would result in heavy traffic and a hazard to children
playing within the neighborhood. Staff has contacted both residents to inform them that
the proposed driveway on Virginia Street is restricted for emergency access only.
PUBLIC NOTICE PROCESS
On April 24, 2023, seventy-five (75) notices were sent to property owners within a 300 -
feet radius from the subject property, in addition to notices posted at five (5) public
locations, on-site, published in the Rosemead Reader, and filed with the Los Angeles
County Clerk.
Prepared by:
Annie Lao
Associate Planner
Reviewed by:
Lily Valenzuela
Planning and Economic Development Manager
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Submitted by:
4wf c
Stan Wong
Interim Director of Community Development
EXHIBITS:
A. Planning Commission Resolution No. 22-03
B. Draft City Council Resolution 2023-26
C. Draft City Council Ordinance No. 1016
D. Project Conditions of Approval
E. Initial Study/Draft Mitigated Negative Declaration (Appendices in USB Drive)
F. Mitigation Monitoring and Reporting Program
G. Amendments to Figure 3.1 Zoning of the Garvey Avenue Specific Plan
H. Written Public Comments Received from LA County Sanitation Districts during the 20 -Day Review
Period, dated May 8, 2023
I. Public Comment from Quan Le, dated May 7, 2023
J. Public Comment from Irene Truong, dated May 7, 2023
K. Architectural Plans
L. Assessor's Parcel Map (APNs: 5287-038-018, -019, -020, -029, -030, and -033)
M. Letter from County of Los Angeles Fire Department, dated July 15, 2022
Attachment D
Draft Planning Commission Minutes
Dated May 15, 2023
Minutes of the
PLANNING COMMISSION MEETING
May 15, 2023
The regular meeting of the Planning Commission was called to order by Chair Lopez at 7:00 PM
PLEDGE OF ALLEGIANCE —Chair Lopez
INVOCATION — Commissioner Tang
ROLL CALL — Commissioners Berry, Escobar, Tang, Vice -Chair Ung, and Chair Lopez
STAFF PRESENT — City Attorney Gutierrez, Interim Community Development Director Wong, Associate Planner Lao,
and Commission Liaison Huang
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. SPECIFIC PLAN AMENDMENT (SPA) 22.01 AND ZONE CHANGE (ZC) 22.02 — Green Park Property LLC has
submitted entitlement applications requesting to amend the Zoning Map and Garvey Ave Specific Plan by changing
the zone of the subject properties from Garvey. The project is located from 7849-7857 Garvey Avenue and from
7900-7916 Virginia Street. Current zoning for the project site is Garvey Avenue Specific Plan (GSP) & Garvey Avenue
Specific Plan, Residential/Commercial (GSP-R/C). Green Park Property LLC is proposing to change the specific zone
to Garvey Avenue Specific Plan, Incentivized Mixed Use (GSP-MU). The General Plan Land Use Designation will
remain the same as Garvey Avenue Specific Plan.
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 and 4,612 units were allocated to the City of Rosemead.
The proposed development of 93 residential units will contribute to the City's RHNA for Planning Cycle from 2021 to
2029.
Green Park LLC is proposing a mixed -used development which will consist of six (6) parcels totaling 1.2 acres of
land. It is six (6) stories, totaling 115,400 square feet of nonresidential square footage and 93 residential units (24 of
which are live/work units). The Residential/Commercial Mixed -Use Development will meet all open space
requirements. It will include 4,235 square feet of usable public open space, 19,114 square feet of usable private
common open space, and 10,067 square feet of private open space. Green Park LLC is also utilizing Community
Benefits Programs, which include lot consolidation, Family Friendly Development, Nonresidential Component of
Mixed-use Development Sites, Public Parking, Sustainable Design, and Alternative Energy. A total of 208 off-street
parking spaces will be located on the surface and in a parking structure.
The applicant will comply with development standards within the Garvey Specific Plan and the City of Rosemead
Municipal Code.
Rosemead Planning Commission Meeting
Minutes of May 15, 2023
Page 1 of 14
PUBLIC COMMENTS RECIEVED — During the 20 -day public review and comment period for the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, the City received a letter from Los Angeles County
Sanitation Districts. The City's Environmental Consultant, Phill Martin & Associates, will respond to all comments
received at the end of the 20 -day public review on May 15, 2023.
On May 7, 2023, the City Clerk's Office received two public comments via email from residents Quan Le and Irene
Truong. Both public comments were in opposition to the proposed driveway on Virginia Street, as the residents
believed that the driveway would result in heavy traffic and a hazard to children playing within the neighborhood.
PC RESOLUTION 23.03 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THE CITY COUNCIL APPROVE ZONE
CHANGE 22-02 AND SPECIFIC PLAN AMENDMENT 22-01 TO AMEND THE ZONING MAP AND FIGURE 3.1 OF
THE GARVEY AVENUE SPECIFIC PLAN BY CHANGING THE ZONE OF THE SUBJECT PROPERTIES FROM
GARVEY AVENUE SPECIFIC PLAN (GSP) (APNS: 5287-038-018, -019, -020 AND -029) AND GARVEY AVENUE
SPECIFIC PLAN, RESIDENTIAL/COMMERCIAL (GSP-RIC) (APNS: 5287-038-030 AND -033) TO GARVEY
AVENUE SPECIFIC PLAN, INCENTIVIZED MIXED-USE (GSP-MU) ZONE, FOR THE DEVELOPMENT OF A NEW
RESIDENTIALICOMMERCIAL MIXED-USE DEVELOPMENT LOCATED AT 7849-7857 GARVEY AVENUE AND
7900-7916 VIRGINIA STREET AND ADOPT THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM.
STAFF RECOMENTATION — It is recommended that the Planning Commission conduct a public hearing and receive
public testimony and adopt Planning Commission Resolution No. 23-03 with findings (Exhibit "A"), a resolution
recommending that the City Council adopt Resolution 2023-26 forthe adoption and approval of the associated Initial
Study/Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Ordinance No.
1016 for the approval of Specific Plan Amendment 22-01 and Zone Change 22-02, and (Exhibits "B" and "C",
respectively) with the modification of Condition of Approval Number2l, removing the restriction on emergency access
and requiring that an updated traffic study that analyzes the traffic impacts on the residential streets in the vicinity
and identifying any potential mitigation measures to address the issues be submitted to the City Council for review.
Associate Planner Lao presented the staff report.
Chair Lopez opened the Public Hearing.
Commissioner Tang commended the developers for their investment in Garvey Avenue, as Garvey suffers from neglect
and stagnation. He inquired what the definition of a "Live -Work Unit" entailed.
Associate Planner Lao answered that the live -work units for the project were rental units where tenants reside and
utilize a portion of the unit for work-related purposes and office space. These units became more widely utilized
because of the pandemic which increased remote work. The live -work unit also provides flexibility for the residents.
Commissioner Tang verified if the development had 24 units live -work. He then proceeded to ask if there were any
live -work units currently in existence in the city.
Associate Planner Lao verified the unit count. She also stated that the City of Rosemead has approved some live -work
units, but they were currently under plan check or under construction.
Commissioner Tang inquired if live -work units were strictly for office -related use. He then inquired if residents were
able to utilize the units as storefronts or other uses.
Associate Planner Lao stated that live -work units would usually pertain to professional occupations and office use.
Uses that create odors or additional traffic would not be permitted.
Rosemead Planning Commission Meeting
Minutes of May 15, 2023
Page 2 of 14
Commissioner Tang verified the composition for the 93 residential units, asking if 24 were live -work and if the remaining
69 were going to be apartments. He then inquired about the size and scope of the 69 apartments, asking about bedroom
count, bathroom count, and floor layouts.
Associate Planner Lao stated that for the live -work units, there will be 12 different live -work plans. These plans would
range from la, 1b, 1c, all the way down to 3b. These live -work units will be located from the first to fourth floors. The
69 apartment units will be located from the fifth to seventh floors. These will range from 1a to 2h, composing of 1-2
bedrooms.
Commissioner Tang inquired whether a vast majority of the units would be 1-2 bedrooms, meaning that the residents
would be smaller families. These smaller family compositions would range from a single occupant to a couple with one
child. He then asked if there would be seven, three-bedroom apartments.
Associate Planner Lao verified that there would be seven, three bedroom units for the live -work units.
Commissioner Tang asked if the parking space requirements would correspond to the number of bedrooms. He then
asked how the parking space requirements would be calculated for the residential portion.
Associate Planner Lao stated that for strictly residential units, the requirement is one parking space per one unit.
Additionally, every two residential units will require one guest parking space. For the live -work units, it would be the
greater of one standard parking space and 0.5 standard guest parking space OR one parking space for every 400
square feet of floor area for the work area, whichever is greater.
Commissioner Tang then inquired about how the commercial parking would be calculated.
Associate Planner Lao then stated that for commercial, Green Park Property LLC is proposing retail and office space,
which would equate to one standard parking space for each 400 square feet of floor area.
Commissioner Tang asked tow many parking spaces were required and how many the developer was proposing.
Associate Planner Lao answer that the developer is proposing a surplus of parking. The required parking spaces would
be 199 parking spaces. However, the developer is proposing 208 parking spaces.
Commissioner Tang then inquired about the definition of tandem parking and inquired about the composition of the
three story parking structure.
Associate Planner Lao stated that the applicant is proposing tandem parking for the live -work units only. In the Garvey
Specific Plan, residential parking and commercial parking are separated. The residential parking is secured by gate.
The residential parking would require an ALP (Administrative Use Permit), which will be required to be approved by
the Community Development director. She also stated that past projects have done tandem parking for live -work units
and have also been required to obtain an ALF. She then explained that the reason why tandem parking is permitted
for live -work units is because the tenants will have control of which customers will have access to their space.
Therefore, if needed, a customer can move their car.
Commissioner Tang then asked If the commercial parking spaces were limited only to the first floor.
Associate Planner Lao stated that the majority of the commercial parking spaces would be on the first floor, in addition
to the loading spaces. Additionally, there would also be some commercial parking spaces on the second floor. The
remaining parking spaces on the floors beyond the second floor would be live -work spaces.
Commissioner Tang asked if the live -work parking spaces would be restricted spaces. He then asked if there would be
a separate entrance or gated access to the tandem spaces.
Associate Planner Lao stated that all residential parking spaces will be restricted access and gated. Only residents and
their guests will have access to these spaces.
Rosemead Planning commission Meeting
Minutes of May 15, 2023
Page 3 of 14
Commissioner Tang requested more information about CALGreen Tier 1 within the Density Bonus Program
Associate Planner Lao answered that the applicant was not doing a Density Bonus Program, but rather a Community
Benefit Program. She then stated that she would like to defer that question to the architect of the project.
Commissioner Tang then inquired about the development impact fees. He stated that if there was a future installation
of a traffic signal on Strathmore and Garvey, would that be facilitated by development impact fees. He then asked what
would happen to the development impact fees if the traffic light installation was not warranted.
Associate Planner Lao stated that development impact fees would still be collected regardless. These collected fees
would then be utilized towards other street improvements.
Commissioner Tang stated that he would like to see the traffic signal to be a separate item that the developer would
have to pay for. He explained that the traffic signal would have significant effects on generating traffic along Strathmore,
as it is a small street. Tang then suggested that the development impact fees for other improvements along Garvey
Avenue in order to incentivize other developers to make investments and improvements.
Associate Planner Lao stated that in discussion with the previous City of Rosemead Engineer, Eddie Chan. It was
agreed there were other developments also occurring on Garvey Avenue. Thus, it would be unfair to impose such a
large cost on Green Property LLC, as there would be other developments that would also add to the traffic. In consulting
with Chan, it was decided that it would be fair to collect development impact fees from all of the projects that will be
built along Garvey Avenue and utilize the collected sum to create the traffic signal, if warranted.
Commissioner Tang stated that he would still like to separate the development impact fees and the fees collected from
Green Property LLC. He then inquired about the entry points for the building along Brighton, Strathmore, and Virginia.
He then remarked that the entry points were through some small streets, especially through the alleyway.
Associate Planner Lao clarified that the alleyway was 20 feet. She stated that the driveway on both Virginia and
Strathmore will measure 25 feet.
Commissioner Tang then stated that for the 25 feet on Virginia, he was asking for a change in condition of approval
21. He stated there was a pending updated traffic study to analyze the traffic impacts. Tang stated that previously, the
Planning Commission approved another project on Del Mar and Garvey from the same property owner. This project
was proposing close to 100 units, with an entry point into Brighton Avenue. Tang was concerned that adding another
large-scale project with an entry point into Brighton would result in significant traffic impacts. Notably, there will be a
queue of ears making a right tum into Brighton from Garvey. Additionally, Tang remarked that on Strathmore Avenue,
there is a center median that would not allow cars to queue. There will be significant traffic disruptions along Garvey
Avenue from West to East. Tang was also unsure if the mitigated negative declaration would address the air quality in
the area as a result of traffic congestion. Tang expressed that he has questions about CALGreen Tier 1 for the
developer, but he will hold his questions.
Commissioner Escobar remarked that she had concerns about traffic, level of service, and parking in the area. Taking
into consideration the large developments in the area, she stated that it would be important for the updated traffic
analysis to undergo City Council review and approval.
Vice -Chair Ung asked if there was a way to screen the parking structure levels from public view in order to improve the
appearance of the structure. She remarked that the screening was important, as the structure faced residential. Ung
also addressed Item No. 17 on the plans, regarding equipment screening from the roof. She stated that because the
parapets lacked height, rooftop screening for the equipment was needed to ensure they were not visible from the street.
She also stated that she had concerns about exiting from the parking structure.
Commissioner Berry had concerns about the traffic on the alleyway of Virginia Street, as it is a very small passage
way.
Rosemead Planning Commission Meeting
Minutes of May 15, 2013
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Associate Planner Lao stated that City of Rosemead staff has talked to the traffic consultant that prepared the traffic
study for the project. Lao read a statement from the consultants stating "a minimum width of ten feet is generally
acceptable to public road travel lengths. Therefore, the existing 20 -foot wide alley that provides access to the project
site from the west at Brighton Street is adequate to accommodate two-way travel or passenger cars. To preclude
conflicts with larger vehicles, the delivery trucks and trash trucks shall be prohibited from using the alley to access the
project site. Parking in the alley is prohibited."
Commissioner Berry remarked that ten feet per car in the alleyway seemed small. He remarked that he had a 22 -foot
driveway, and he felt like it was not enough space for two cars. He also questioned who would be responsible for
maintenance in the alleyway. He then asked who owned the alleyway.
Associate Planner Lao answered that the City of Rosemead owned the alleyway, as it was a public alleyway.
Commissioner Berry inquired about the noise created by the traffic, as there are residences close by an asked if
anything can be built on the alleyway to shield the noise.
Associate Planner Lao stated that the public alleyway was along R-1 and R-2 residential. This would be public property,
meaning that the residents will not be permitted to build anything on public property.
Commissioner Berry expressed concerns about street width, as cars would not be driving perfectly within their allotted
side of the road. He expressed wishes to open up the other end of Virginia but acknowledges that it would not be
possible. Berry also stated that he would like a left tum lane signal installed on Garvey Ave, as traffic controls in the
intersection were essential.
Associate Planner Lao addressed concerns about left turns onto Strathmore Avenue. She stated that Condition of
Approval No. 67 was recommended and the condition states that "at the city engineer's discretion, a portion of the
raised median on the west leg of Garvey Avenue shall be removed and replaced by a two-way left tum median" This
will allow drivers to make left turns safely without causing traffic.
Vice -Chair Ung asked if there was any discussion to put an entry point off Garvey Avenue into the property rather than
routing through the smaller streets.
Associate Planner Lao differed the question to the applicant's architect.
Chair Lopez voiced concerns about clients visiting a live -work units. He asked if these offices would include clients
visiting in order to purchase goods from the live -work units. Lopez asked if the sale of goods, carpentry, and
construction was a permitted use. He then clarified by asking if there will be confines to restrict the use to purely office
use via a computer.
Interim Community Development Director Wong clarified that the live -work spaces will generally comprise of office use.
Chair Lopez voiced concerns that there will be scenarios where there will be sales operations, where an office worker
would want to operate a side gig. Lopez acknowledged that it would be hard to monitor. He asked if there was any type
of statement or code that would be put into place that would restrict the live -work spaces to office -use, and whether
there would be disciplinary actions for violators of the code.
Associate Planner Lao stated that in the Rosemead Municipal Code, there were permitted and unpermitted uses.
Permitted uses for the live -work spaces would encompass professional offices (e.g. architects, accountants, realtors,
sales representatives, website graphic designers, consultants, and artist studios). She also noted that the City of
Rosemead allowed cottage food operations, as it was mandated by the state. There will also be allowances for small
tutoring services as well as additional uses that are not listed, but are subject to the Community Development Director.
Unpermitted uses include restaurants, wholesale and retail sales, dating services, adult businesses, fortune telling,
massage services, personal care services, medical and dental offices, automobile and boat repair, plumbing, carpentry,
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contractor storage yard, laundering of clothes, animal kennels, and additional uses that create dust, electrical
interference, fumes, gas, odors, and any other uses that would require a Conditional Use Permit.
Chair Lopez stated that he wanted to confirm that such ordinances and codes were in place. Lopez also voiced that
he had concerns about parking. He also inquired whether the City had any other seven story buildings.
Associate Planner Lao stated that there were no such units currently constructed. However, Prospect Villa, which is
located on Prospect Avenue and Garvey Avenue, is a seven-story development that has been approved within the
Garvey Avenue Specific Plan.
Chair Lopez stated that it was impossible to guarantee that all of the parking for the large development will stay within
the structure. He stated concerns that the development would displace existing resident on-street parking, remarking
that it was important to look after the long-time members of the community.
Chair Lopez then invited the architect of the project to speak.
Roland Lo from Scale(s) Lab Architects was invited to speak.
Commissioner Tang thanked Architect Lo for coming up speak. He then proceeded to ask what the property owners'
intentions for the commercial first floor was.
Architect Lo stated that the commercial portion of the project is speculative. He also stated M he understands the
desire of the city to create vibrant corridors and entertainment areas. He stated that commercial uses were encouraged,
to engage the street. He also addressed the question of why there was no driveway leading up to the property on
Garvey Avenue, stating that such a driveway would destroy the urban quality of the project. Lo also stated that the
developers are following the Garvey Avenue Specific plan, which describes the intended quality and vibrancy of the
area to be walkable. Additionally, he stated that opening up access to the property from Garvey would create additional
traffic issues.
Commissioner Tang agreed that driveways were not a good use of space and land. He commended the beauty of the
design and verified the use of the commercial space.
Architect Lo stated the commercial space would entail hospitality, cafes, and more home-grown businesses. Lo then
noted that these commercial spaces would be speculative in nature, meaning that the developers will put in all the
necessary components to accommodate such uses.
Commissioner Tang asked if there were plans for a small outdoor dining unit.
Architect Lo stated that the design set the fagade of the building back in order to accommodate outdoor seating. He
stated that the seating will not push too dose to the property line. The setbacks will be designed to facilitate interaction
with the street.
Commissioner Tang asked how many feet the setback was.
Architect Lo stated that the required setback according to the Garvey Specific Plan was twelve (12) feet from the curb
line. Lo stated that the architects decided on a seventeen (17) feet setback. He stated that a wider setback would allow
for landscaping elements such as trees and plants, creating a more walkable street. Lo stated that the design standards
are regulated by the Garvey Specific Plan.
Commissioner Tang asked for a description of the CALGreen Tier 1 portion of the community benefits program.
Architect Lo stated that CALGreen Tier 1 is an incentive program. Lo stated that every development in the state of
California must comply with the Green Code. CALGreen would be a mandatory basic requirement, with Tier 1 being a
voluntary requirement. Lo gave three base requirements for CALGreen: Providing infrastructure EV charging stations,
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using solar energy, and providing a calculation of whether there is enough solar energy based on the orientation and
location of the panels.
Commissioner Tang inquired which elements of the plan would be in compliance with Tier 1.
Architect Lo answered that the elements would be EV charging and some solar. Lo stated that the solar component
must be justified in order to determine if it was doable. He stated there must also be an analysis done in Title 24.
Commissioner Tang asked to differentiate the differences between Tier 1, Tier 2, and Tier 3.
Architect Lo stated that there was only CALGreen, Tier 1, and Tier 2. Both Tier 1 and 2 are voluntary while CALGreen
is mandatory.
Commissioner Tang asked about LEED Certification.
Architect Lo answered that LEED is not law, but rather a voluntary elective. He stated that LEED would be through the
U.S. Green Building Council and would not be related to anything the state of California is mandating.
Commissioner Tang stated that he would encourage the development to incorporate a lot of the green elements.
Particularly solar would be an element that he would like to see. Tang also stated that he would also like to see more
EV charging, especially in a city that lacks the infrastructure to accommodate it. Tang remarked that he would also like
to see the charging made free for the public. Tang inquired if the rental apartments would have an element of
affordability.
Associate Planner Lao stated that the city does not have an inclusionary ordinances to mandate that apartment units
must be affordable. She stated that the rental units can have an affordability element, if the applicant decides to
implement it.
Commissioner Tang stated that he had no further questions.
Commissioner Escobar stated that she had no further questions.
Vice -Chair Ung stated that she had concerns about putting a driveway on a small cul-de-sac residential area and a
tight alleyway. She stated that she understood Architect Lo's preferred method of not putting a driveway on Garvey,
but she stated that access to the building needed to be provided access on Garvey to not impose onto the residents.
Ung stated that as a large building, the mass of the project was already imposing. She stated that she had concerns
about the traffic situation.
Architect Lo stated that the issue will be examined in the updated traffic study. He stated that there will be three access
points to the project,; which will serve to relieve congestion by diverting access to different points of entry.
Vice -Chair Ung replied that she wanted to make a trade-off by putting an access point on Garvey in order to eliminate
the proposed access point on Virginia. She explained that Virginia would be more private cul-de-sac.
Architect Lo stated that the permeability of the building fagade and the walkability of the streets should be taken into
consideration.
Vice -Chair Ung stated that currently, Garvey is not walkable. She stated that while having a residential project will
encourage walkability, but at this time, Garvey was not walkable. Ung added that she understands that the aim is to
get Garvey to become walkable, but she was unsure if it was worth the trade-off of imposing negative effects on the
small cul-de-sac street. She stated that she would like more attention given to the parking levels facing the residents,
similar to the fagade facing Garvey.
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Architect Lo stated that for the parking structure, there will be setbacks that incorporate landscape. Lo referred to the
landscape plans, stating that on the ground, second, and third floor there will be 10 feet, six feet, and an entire floor of
landscape, respectively. Lo stated that the landscape would serve as a noise buffer and prevent visual blight.
Vice -Chair Ung encouraged equipment screening.
Architect Lo stated that there was already a requirement to screen rooftop equipment from view.
Associate Planner Lao stated that the community development director has a discretion to approve an additional five
feet for an unique architectural feature that will screen all mechanical equipment.
Commissioner Tang inquired about the streetlight in the submitted renderings.
Architect Lo stated that the streetlight was merely a part of the artistic license for the computer program that was used
to create the rendering, but there will be no streetlight installation, unless it was conditioned as part of public
improvement.
Commissioner Tang conveyed his relief, as he felt like that would alarm many people by putting a streetlight on a cul-
de-sac.
Commissioner Berry stated that he had a concern about drivers getting in and out of Strathmore Avenue, but no
comments otherwise.
Seeing no additional questions, Chair Lopez asked if there was any public comment.
Public Comment: Alejandro De La Torre, who resides at 7852 Whitmore Street stated that he is representing himself
and his mother. He stated that he received the Public Notice through the mail and thanked the Commissioners for their
time. He stated that everyone has seen the changes that have been occurring in the City and the surrounding cities.
He provided an example of a project on Valley Boulevard and Del Mar Avenue, which is located in an adjacent city,
and stated that that project is a prime example of a project he does not want, as it creates traffic. He stated that on
Garvey Avenue, there was already a shipping company that generated significant traffic with their singular freight truck
that has to be squeezed into a narrow entrance. He is aware of this situation as he lives there. He also stated that this
project would enrage much of the community. Mr. De La Torre also stated that he could not find much information on
whether the developers, Green Park LLC, was helping the community. He asked if property values will raise, how long
the constriction will take, and the environmental issues. Mr. De La Torre voiced his concerns about air quality, noise,
trash, and the mixed-use development blocking views. He stated that he would like to have the residents of Virginia
Street and Whitmore Avenue be more involved in the project and be present for the meeting. He also stated that large
scale projects that would upgrade the walkability of the Garvey would also impose additional traffic, pollution, and noise
on the area. He expressed concerns that the project was not for the locals, as it was unaffordable to the current
residents. He also had concerns about the retail block, as many local businesses in Rosemead have failed. He also
mentioned that business in West Hollywood are also failing.
Public Comment: Susana Rivera and Rudy Martinez both own a fourplex at 7829 Virginia, which their family has owned
since 1937. Ms. Rivera had concerns for the residents of her fourplex, as many have small children that play on the
street. She stated that the quiet nature of the cul-de-sac was what allowed her tenants' children to be safe. She also
stated that they disclosed the proposed project to their tenants as they have seen the on-site public hearing notices.
Her tenants voiced concems about the potential traffic increases. She also stated there was limited parking for her
tenants, there was an overflow of at least one vehicle per tenant to on -street parking. Ms. Rivera also had concems
about the EV stations in the parking structures taking up parking spaces. She also expressed worry about uncontrolled
access to the structure from unauthorized people wanting to use the EV charging stations. She stated that she is trying
to stay positive and would like the City to grow in a slow paced way.
Rudy Martinez spoke after Ms. Rivera and he had concerns about the flow of traffic already on Virginia from the existing
properties. He stated with the new parking structure, there would be four times the amount of car flow traffic from
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Virginia to Strathmore. He stated that on the comer there was a sinkhole that just recently got patched. He stated that
the sinkhole was the result of approximately 50 cars from the existing residents, and stated the increased traffic from
the development would result in greater impacts. He also stated concerns about the seven -story height of the building,
remarking that not even in Pasadena, on Colorado Boulevard has a seven -story building that can be accessed from
each side. The project would be overwhelming and perhaps, the development can be cut in half. He did not agree with
the location of the project. He stated that perhaps the site could move to the location of the old auto auction. In addition,
he expressed concerns about roaming outages, and how Southern California Edison will prioritize who will receive
electricity.
Public Comment: Geraldo Hijar lives at 3031-3035 North Brighton Street. He stated that he agreed with all the previous
public comment speakers. He stated that Rosemead already has existing apartments on the streets, and residents
struggle everyday to find parking. He stated that adding more struggle to finding parking would not benefit the residents.
He expressed concerns about the building size being too big for the area but perhaps staff can talk to the developer to
potentially downsize the property. He also stated that the fire and sheriff departments were already overburdened, we
can take a look into their response times. He requested that the Commission take more time to think about this project.
Seeing that there were no additional public comments, Chair Lopez closed the public hearing and asked if the
commissioners had any additional questions.
Commissioner Tang expressed that he had one more question and asked the developers if there was any outreach
conducted on the existing residents.
Architect Lo answered that he was unsure if staff did any outreach, but he stated that they were in compliance with the
Garvey Avenue Specific Plan.
Commissioner Tang expressed that it was important to conduct outreach, as a seven -story building would have
significant impacts. Usually, fort uge development projects in the City, developers conduct outreach with the residents.
He also stated that a development this large should have warranted an outreach plan as the residents who have lived
there for decades and are used to a one-story building and minimal traffic, would have appreciated the outreach.
Commissioner Tang also stated that he is aware that the bare minimum is to mail out notices within 300 feet of the
project site.
Architect Lo stated that no outreach efforts were required and would like to defer that question to staff.
Commissioner Tang replied that it should not be on City staff, and that it was the responsibility of the developer to
conduct outreach. He reiterated that sending out notices was the bare minimum, and the developer should have
conducted more outreach.
Architect Lo stated that there was numerous public outreach efforts completed when the City was in the process of
developing the Garvey Avenue Specific Plan.
Commissioner Tang thanked Chair Lopez for allowing him to ask Architect Lo about community outreach.
Seeing that there was an additional public comment, the Planning Commission reopened the public hearing.
Public Comment: Imelda Hijar lives at 3031 North Brighton Street. She has resided there since 1974 and has had the
house passed down from her parents. She stated that many of the people that live on the street are renters, and that
most of the homeowners are out of state or out of the country. She stated concerns that if there were significant traffic
and parking impacts, renters can simply move away. Ms. Hijar also stated that the homeowners would be the ones to
suffer, as they would have difficulty selling their properties because there is no parking. She stated that firetrucks
struggled to navigate through their street twice this week, because they went the wrong way, and they had trouble
backing out onto Garvey Avenue because there was too much traffic. She expressed concerns about the limited scope
of the traffic study, as it did not take into account traffic on the 60 or 10 freeway and how it would impact the traffic on
Garvey Avenue. She stated that the traffic engineers are not there 24 hours, seven days a week, as they conduct their
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studies during specific hours. Ms. Hijar stated that Valley Boulevard looks great, but would like the renters,
homeowners, and business owners to come together to develop and beautify Garvey Avenue. She also expressed
concerns about the infrastructure, power, and water challenges presented by the large project and perhaps the
developer can downsize the project. She also stated that there would be issues of traffic displacement into surrounding
residential neighborhoods. She reiterated that renters should be more involved, as that is the reason why there is such
low turnout today.
There being no additional questions or public comment, Chair Lopez closed the public hearing period.
Commissioner Berry inquired how the traffic studies are conducted.
Traffic Engineer, Bahman Janka introduced himself as the City's Contract Engineer. He stated that he works for
Transtech and has been working with public agencies for the past 30 years. He stated that traffic engineers refer to a
manual to figure out what aspects to examine when a new development is proposed. After that, the traffic engineers
would apply a traffic model and distribute the traffic to the surrounding streets and driveways to forecast potential traffic
impacts. He stated that other developments would also be considered in the traffic forecasting. After the traffic is
distributed, the level of traffic is compared at intersections under existing circumstances and under future
circumstances. He also stated that Level of Service (LOS) is no longer utilized for CEQA and studies now utilize
Vehicles Miles Traveled (VMT). In addition, Traffic Engineer Janka addressed concerns that were brought up by the
other commissioners regarding traffic. He confirmed that a traffic analysis was conducted on the intersection of
Strathmore and Garvey, and it was concluded that a traffic signal was not necessary on that intersection as it did not
meet a certain threshold. In addition, he also stated that the previous City Engineer implemented a condition of approval
that required the developer to conduct a study one year after the project is completed to see if the traffic will warrant a
traffic signal. Furthermore, Traffic Engineer Janka addressed the concerns of the left -tum traffic, stating that a condition
of approval will require the center median on Garvey Avenue to be partially removed so there would be opportunity for
westbound and eastbound turns. Lastly, Traffic Engineer Janka, also stated that an access point on Garvey Avenue
should not be opened, because traffic engineers prefer to restrict or minimize access from major streets out of
consideration for traffic safety as the speed of traffic is approximately 40 mph. He explained that making a left tum into
a two-lane road would be safter than making a left tum into a five -lane road.
Commissioner Berry stated that traffic signals would promote more walking due to added crosswalks. He also asked
whether the traffic studies were conducted in different times of day.
Traffic Engineer Janka answered that traffic analysis was done manually at intersections, during different times of day.
Commissioner Tang asked to define what a low VMT area would entail.
Traffic Engineer Janka answered that a low VMT area would be an area that, upon examining adjacent land uses,
would generate relatively less traffic than other zones. He stated that, for example, an area closer to transit and bike
routes would offset some of the traffic. He also stated that mixed-use projects would create low VMT because people
can utilize the commercial portion of the project on foot.
Commissioner Tang asked that upon project completion, would the mixed-use complex cause the area to become a
high VMT generating area.
Traffic Engineer Janka answered no, as a mixed-use development would generate low VMT as people would potentially
be working and living in the same place. He stated there was also a possibility that residents would use the subway
three miles away instead of a single occupancy vehicle.
Commissioner Tang asked if the traffic study included queued traffic.
Traffic Engineer Janka stated that there was no queuing analysis performed. He stated that the nature of mixed-use
project would not generate many vehicle trips. He stated that the project trips at each driveway would be minimal and
only be around 24 cars.
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Commissioner Tang stated that at peak hours, there would be significant traffic generated.
Vice -Chair Ung stated that she wanted clarification for condition for approval No. 21. She asked that by opening up the
Virginia access point, would it only be for those with secured parking to enter and exit.
Associate Planner Lao answered that only residents would be able to access the Virginia Street driveway. This would
not include customers, guests, or non-residents.
Traffic Engineer Janka stated that the forecast for the traffic generated by the Virginia Street entrance would only
amount to eleven cars during peak hours. He stated that more people would utilize the major driveway on Strathmore
Avenue rather than on Virginia Street.
Chair Lopez asked for a Motion.
Commissioner Tang stated that before a motion was made, he would like to make a few statements. He stated that the
economy of Garvey Avenue has been largely anchored by an auto auction site, that ceased operation a few decades
ago and now there is an enormous duty to revitalize Garvey Avenue and bring in more development. He remarked that
residents do want more vibrancy on Garvey Avenue, as there is now urban blight. While the aesthetic appeal of this
project is very nice, it lies on an oddly shaped parcel, and a lot of parcels in Rosemead have been cut oddly, for
example, the UFC parking lot is a different property owner than the gym itself. He stated that he would like the
Commission to be mindful of the decisions they make as he did not want to leave problems for future Planning
Commissions to address. Commissioner Tarp also mentioned that while there are credible traffic models, he is not
confident that the traffic signal warrant study to be completed 12 months after the project has been completed would
solve any traffic issues as there are unique circumstances as such as its proximity to the Garvey Avenue and Del Mar
Avenue intersection and the Garvey Del Mar mixed-use development. He also believed that the development impact
fee and the traffic signal requirement be separated, as the developer should be required to install a traffic light. He
stated that he did not have an issue with parking as it is mostly a residential project, so there would be limited
commercial use. Another issue that Commissioner Tang expressed dealt with housing disparity on the south side of
Rosemead and along Garvey Avenue. He stated that the reason why there is a visual disparity is because there are
not enough homeowners south of Rosemead, and homeowners tend to be more invested in their property. He
mentioned that the developer is taking advantage of the Garvey Avenue Specific Plan and he has asked the developer
when he approved their past project, to address the housing owner disparity that Rosemead was facing by facilitating
homeowner ship in their next projects, which was not done. Commissioner Tang stated that he was not ready to make
a decision in this meeting as there were outstanding items he would like addressed. He stated that he would like the
project to include units for sale, had doubts on whether the developers would deliver on their green building promises,
such as solar and EV charging, and wanted to see a traffic study on the effects of opening up Virginia Street, and the
feasibility of each of the three entry pants.
Chair Lopez asked for the assistance of the City Attorney and suggested that the decision on the project could be
postponed to next month.
City Attorney Gutierrez clarified that the decision made today is a recommendation to the City Council and the
Commission is permitted to continue the item. In addition, she stated that there is a modified condition of approval to
include an updated traffic study that is not presented before the Commission today.
Interim Community Development Director Wong explained that staffs recommendation is to move the project along to
the City Council and allow them to make the decision based on the updated traffic study.
Chair Lopez stated that the Commission would like the traffic updates before presenting the item to the City Council.
He added that it is simple to move the project along, but the Commission would like to make sure the project is a right
fit for the community.
Commissioner Tang stated that he would second that motion if Chair Lopez motioned.
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Vice -Chair Ung stated that she would like to challenge Commissioner Tang's opinion on home ownership because the
property would be maintained by the developer as there are also commercial units below that will need to be upkept.
She stated that Garvey Avenue was in need of more on -street activity and street revitalization, and this project would
ignite that, so she did not want to table the item and was ready to recommend the project for approval to the City
Council.
Commissioner Berry stated that the Commission needed to move forward as Garvey Avenue needed to be revitalized
in terms of aesthetics and walkability.
Traffic Engineer Janke asked what the commissioners would like to see in the updated traffic analysis.
Commissioner Tang stated that he would like a traffic analysis on all three proposed entry points for the project,
specifically on Virginia Street on Garvey Ave. He stated that wanted the traffic signal to be built, if warranted twelve
months after the project is built. He stated concerns about Brighton Avenue being an entry point for two large projects.
Commissioner Berry agreed that there needed to be traffic signals due to safety and access concerns. He stated that
it was unfair for the property owner to pay for the traffic signal.
Commissioner Tang asked if there were air quality impact concerns with cars queuing for a long period of time.
Traffic Engineer Janka stated that he could do an analysis of traffic of the cars that are entering and existing the area.
Commissioner Tang stated that he would like to see mitigation measures to minimize the impacts on existing residents.
The Commissioners discussed if they should make a motion to postpone the meeting until June 191A.
Vice Chair Ung inquired if the postponement will entail additional outreach to the community.
Associate Planner Lao stated that if the meeting was re -noticed, there will be a 20 -day noticing period required due to
the MMD that was prepared.
Commissioner Tang made a recommendation that the developer conduct more resident outreach.
Commissioner Berry asked how long the queuing study would take.
Traffic Engineer Janke responded that the traffic engineers would be able to get the queuing study done by June 19"'.
Architect Lo stated that a very through report was already conducted, and he was unsure what was being asked of
them. However, he will do whatever is necessary. He stated that he was unsure what an queuing analysis would entail.
Traffic Engineer Janke slated that a queuing analysis would look at the AM peak and the PM peak of traffic and figure
out how much traffic was making right and left turns into the project. He stated that an analysis for feasibility would be
conducted based on how much distance was on Garvey to the first driveway and the traffic volume. He stated that he
would also take into account all the possible parking scenarios for the added cars. Traffic Engineer Janka stated there
would also be efforts to encourage people to take transit or utilize bicycles as part of the mitigation measures. Lastly,
he stated that he would like the traffic engineer that prepared the traffic study to speak.
Consultant Ganddini introduced himself and explained that based on the levels of service at the primarydriveway and
on the comer of Garvey Avenue and Strathmore Avenue, it did not appear that there would be operational issues. He
stated that the data in the analysis did include an output for queuing. He stated that during the PM peak hour, which
would be when most of the residents would be returning home from work, the traffic study forecasted about 21 vehicles
making a left tum from Garvey onto the project site. He stated that every 2.5 minutes, it was forecasted that there would
be vehicle movement within the project site. He stated that on the southbound lane on Strathmore, there would not be
significant queuing on a regular basis, certainly not to the extent that it would back up all the way to Garvey Avenue.
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Commissioner Escobar inquired if the traffic updates would be presented to the Planning Commission or the City
Council.
Interim Community Development Wong stated the traffic updates will be reviewed by the City Council.
ACTION: Chair Lopez made a motion, seconded by Commissioner Tang, to table the hearing to a date uncertain in
order for the applicant to conduct additional traffic studies which will be reviewed by the Planning Commission.
Vote resulted in:
Ayes: Lopez and Tang
Noes: Berry, Escobar, and Ung
Abstain: None
Absent: None
Roll call vote resulted in 2 Ayes and 3 Noes.
ACTION: Vice -Chair Ung made a motion to adopt Planning Commission Resolution No. 23-03 with findings (Exhibit
"A"), a resolution recommending that the City Council adopt Resolution 2023-26 for the adoption and approval of the
associated Initial Study/Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and
Ordinance No. 1016 for the approval of Specific Plan Amendment 22-01 and Zone Change 22-02, and (Exhibits "B"
and "C", respectively) with the modification of Condition of Approval Number 21, removing the restriction on emergency
access and requiring that an updated traffic study that analyzes the traffic impacts on the residential streets in the
vicinity and identifying any potential mitigation measures to address the issues be submitted to the City Council for
review.
Vote resulted in:
Ayes: Berry, Escobar, and Ung
Noes: Lopez
Abstain: Tang
Absent: None
Roll call vote resulted in 3 Ayes and 1 No and 1 Abstention.
4. CONSENTCALENDAR
A. PC MINUTES 04-17.23
Chair Lopez made a motion, seconded by Commissioner Escobar, to approve PC Minutes 4-17-23 as presented.
Vote resulted in:
Ayes: Berry, Escobar, Lopez, Tang, and Ung
Noes: None
Abstain: None
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Absent: None
Roll call vote resulted in 5 Ayes and 0 Abstain.
5. MATTERS FROM STAFF
Interim Community Development Director Wong stated that this meeting would be the last meeting for Administrative
Assistant Huang. He stated that the city of Rosemead will miss her, and they have all enjoyed working with her. The
Commission congratulated Huang on her new endeavor.
6. MATTERS FROM THE CHAIR & COMMISSIONERS
Vice -Chair Ung asked who was in charge of maintaining landscaped area off of the New Avenue freeway exit.
Chair Lopez responded that Caltrans has jurisdiction.
Vice -Chair Ung stated that the weeds were very overgrown on the south side of the freeway exit.
Commissioner Berry inquired if the City could remove the overgrown weeds.
Traffic Engineer Janka stated that the City can reach out to Caltrans' maintenance division.
Commissioner Tang mentioned the passing of Supervisor Gloria Molina, who has been a trailblazer in the community.
Chair Lopez recounted a fond memory of when he met Gloria Molina.
ADJOURNMENT
Chair Lopez adjourned the meeting at 9:09 p.m. The next Planning Commission Meeting is scheduled for June 5, 2023,
at 7:00 PM in the Council Chambers
ATTEST:
Daniel Lopez
Chair
Janice Huang
Administrative Assistant
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Minutes of May 15, 2023
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Attachment E
Planning Commission
Resolution No. 23-03
PC RESOLUTION 23-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING THE CITY COUNCIL APPROVE ZONE CHANGE
22-02 AND SPECIFIC PLAN AMENDMENT 22-01 TO AMEND THE
ZONING MAP AND FIGURE 3.1 OF THE GARVEY AVENUE SPECIFIC
PLAN BY CHANGING THE ZONE OF THE SUBJECT PROPERTIES
FROM GARVEY AVENUE SPECIFIC PLAN (GSP) (APNS: 5287-038-018,
-019, -020 AND -029) AND GARVEY AVENUE SPECIFIC PLAN,
RESIDENTIAL/COMMERCIAL (GSP-R/C) (APNS: 5287-038-030 AND -
033) TO GARVEY AVENUE SPECIFIC PLAN, INCENTIVIZED MIXED-
USE (GSP-MU) ZONE, FOR THE DEVELOPMENT OF A NEW
RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT LOCATED
AT 7849-7857 GARVEY AVENUE AND 7900-7916 VIRGINIA STREET
AND ADOPT THE INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND REPORTING
PROGRAM
WHEREAS, on June 15, 2022, Del Mar Property LLC submitted entitlement
applications for the construction of a seven -story, mixed-use development with 35,105
square feet of nonresidential (commercial) use and 93 apartments, which includes 24
live/work units; and
WHEREAS, 7849-7857 Garvey Avenue (APNs: 5287-038-018, -019, -020 and -
029) is located in the Garvey Avenue Specific Plan (GSP) zone and 7900-7916 Virginia
Street (APNs: 5287-038-030 and -033) is located in the Garvey Avenue Specific Plan,
Residential/Commercial (GSP-R/C) zone; and
WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the
purpose and criteria for a Zone Change; and
WHEREAS, the Garvey Avenue Specific Plan provides the criteria for specific plan
amendments and amendments to the Specific Plan may be requested by the applicant or
by the City at any time pursuant to Section 65453(a) of the California Government Code
and Rosemead Municipal Code Title 17, Article 5, Chapter 17.150.
WHEREAS, Section 65453(a) of the California Government Code states a specific
plan shall be prepared, adopted, and amended in the same manner as a general plan,
except that a specific plan may be adopted by resolution or by ordinance and may be
amended as often as deemed necessary by the legislative body. Section 17.150.040,
adoption of, or amendment to, a specific plan relating to land use may be initiated by
the City or by submittal of a Master Plan. When initiated by a master plan, the person
shall file a petition with the City and pay a filing fee as required in Chapter 17.120 of
[Title 17].
WHEREAS, Sections 65800 & 65900 of the California Government and Rosemead
Municipal Code Sections 17.152.040 authorizes the Planning Commission provide a
written recommendation and reasons for the recommendation to the City Council whether
to approve, approve in modified form, or deny the zone change or specific plan
amendment; and
WHEREAS, an Initial Study was undertaken for the purpose of deciding whether
the project may have a significant effect on the environment. On the basis of the
analysis within the Initial Study, the City has concluded that the project will not have a
significant effect on the environment with the incorporation of mitigation measures and
has therefore prepared an Draft Mitigated Negative Declaration; and
WHEREAS, Specific Plan Amendment 22-01 includes amendments to Figure 3.1
Zoning of the Garvey Avenue Specific Plan; and
WHEREAS, on April 24, 2023, seventy-five (75) notices were sent to property
owners within a 300 -feet radius from the subject property, in addition to notices posted in
five (5) public locations, on-site, published in the Rosemead Reader, and filed with the
Los Angeles County Clerk, specifying the availability of the application, plus the date,
time, and location of the public hearing for Zone Change 22-02 and Specific Plan
Amendment 22-01, pursuant to California Government Code Section 65091(a)(3); and
WHEREAS, on May 15, 2023, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Zone Change
22-02 and Specific Plan Amendment 22-01; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Planning Commission hereby makes a finding of adequacy with
the Initial Study/Draft Mitigated Negative Declaration and HEREBY RECOMMENDS that
the City Council adopt the Initial Study/Draft Mitigated Negative Declaration as the
environmental clearance for Zone Change 22-02 and Specific Plan Amendment 22-01.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Zone Change 22-02 in accordance with Rosemead
Municipal Code Section 17.152.060(B) as follows:
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan.
FINDING: The Garvey Avenue Specific Plan was adopted in 2018 and its
requirements for adoption included updating the General Plan to eliminate
inconsistencies between the two planning documents. The Garvey Avenue Specific Plan
amended the General Plan designation for approximately 88 parcels to support the
development of over 1.18 million square feet of commercial development, 892 dwelling
units, and 0.77 acres of open space. These estimates represent a realistic building of the
planning area based on an analysis of existing development that will persist through the
life of the proposed Specific Plan plus anticipated redevelopment. The proposed site is
located within Garvey Avenue Specific Plan General Plan land use designation. The
project only proposes to change the zone from Garvey Avenue Specific Plan (GSP)
(APNs: 5287-038-018, -019, -020 and -029) and Garvey Avenue Specific Plan,
Residential/Commercial (GSP-R/C) (APNs: 5287-038-030 and -033) to Garvey Avenue
Specific Plan, Incentivized Mixed -Use (GSP-MU) zone.
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
FINDING: The subject site is located within the Garvey Avenue Specific Plan. The
subject site consists of six parcels totaling approximately 1.21 acres. The proposed
amendment would change the zoning district within the Garvey Avenue Specific Plan from
GSP and GSP-R/C to GSP-MU for the construction of a residential/commercial mixed-
use development. The Garvey Avenue Specific Plan was developed to create an
attractive and desirable neighborhood "main street' focusing on creating a vibrant corridor
with visible pedestrian activity.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for
the proposed project pursuant to the California Environmental Quality Act (CEQA). The
Initial Study was undertaken for the purpose of deciding whether the 'project' may have
a significant effect on the environment. On the basis of the analysis within the Initial Study,
the City has concluded that although the proposed project could have a significant effect
on the environment, there will not be a significant effect in this case as mitigation
measures have been incorporated.
C. The proposed amendment is internally consistent with other applicable
provisions of this Zoning Code.
FINDING: The proposed zone change will amend the Zoning Map from GSP
(APNs: 5287-038-018, -019, -020 and -029) and GSP-R/C (APNs: 5287-038-030 and -
033) to GSP-MU. The GSP-MU allows vertical mixed-use, where commercial uses are
on the ground floor, with residential uses above. The proposed project meets the GSP-
MU development standards and would be in compliance with the applicable development
standards of the Zoning Code.
D. The affected site is physically suitable in terms of design, location, operating
characteristics, shape, size, topography, and the provision of public and emergency
vehicle access, and public services and utilities and is served by highways and streets
adequate in width and improvement to carry the kind and quantity of traffic the proposed
use would likely generate, to ensure that the proposed use(s) and/or development will not
endanger, jeopardize, or otherwise constitute a hazard to the property or improvements
in the vicinity in which the property is located.
FINDING: The subject site is located within the Garvey Avenue Specific Plan. The
Garvey Avenue Specific Plan amended the Zoning Map and General Plan land use
designations for approximately 88 parcels to support the development of over 1.18 million
square feet of commercial development, 892 dwelling units, and 0.77 acres of open
space. These estimates represent a realistic building of the planning area based on an
analysis of existing development that will persist through the life of the proposed Specific
Plan plus anticipated redevelopment. The site would be physically suited for provision of
public and emergency vehicle access, and public services and utilities.
Based on the Golden State Water Company, South San Gabriel Service Area 2020
Urban Water Management Plan dated July 16, 2021, the Golden State Water Company
has an adequate water supply to meet the demand of the project into the future. In
addition, the applicant has obtained a will -serve letter from the Los Angeles County
Sanitation Districts. A traffic study was also prepared for the project by Ganddini Group,
Inc. Based on the traffic study, the proposed project would not result in any new significant
traffic impact impacts or mitigation measures compared to the Garvey Avenue Specific
Plan TIA/EIR. The project is located in a low-VMT generating area. Therefore, the project
satisfies the screening criteria for low-VMT generating area and may be presumed to
result in a less than significant VMT impact in accordance with City of Rosemead VMT
guidelines. The City of Rosemead's Contract Traffic Engineer has reviewed the traffic
study and Initial Study/Draft Mitigated Negative Declaration and has deemed it
acceptable. Furthermore, it was determined that the project would not have any
significant operational traffic impacts.
SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Specific Plan Amendment 22-01 in accordance with
Section 65453(a) of the California Government Code and Rosemead Municipal Code
Section 17.152.060(A) as follows:
A. The proposed amendment is internally consistent with all other provisions
of the General Plan.
FINDING: The Garvey Avenue Specific Plan was adopted in 2018 and its
requirements for adoption included updating the General Plan to eliminate
inconsistencies between the two planning documents. The proposed project continues to
be internally consistent with all other provisions of the General Plan. The project proposes
to change the zone from Garvey Avenue Specific Plan (GSP) (APNs: 5287-038-018, -
019, -020 and -029) and Garvey Avenue Specific Plan, Residential/Commercial (GSP-
R/C) (APNs: 5287-038-030 and -033) to Garvey Avenue Specific Plan, Incentivized
Mixed -Use (GSP-MU) zone and to remain within the buildout development capacity of
1.18 million square feet of commercial development and 892 dwelling units.
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
FINDING: The subject site is located within the Garvey Avenue Specific Plan. The
subject site consists of six parcels totaling approximately 1.21 acres. The proposed
amendment would change the zoning district within the Garvey Avenue Specific Plan from
GSP and GSP-R/C to GSP-MU for the construction of a residential/commercial mixed-
use development. The Garvey Avenue Specific Plan was developed to create an
attractive and desirable neighborhood "main street' focusing on creating a vibrant corridor
with visible pedestrian activity.
The City has completed an Initial Study/Draft Mitigated Negative Declaration for
the proposed project pursuant to the California Environmental Quality Act (CEQA). The
Initial Study was undertaken for the purpose of deciding whether the "project' may have
a significant effect on the environment. On the basis of the analysis within the Initial Study,
the City has concluded that although the proposed project could have a significant effect
on the environment, there will not be a significant effect in this case as mitigation
measures have been incorporated.
C. The affected site is physically suitable in terms of design, location,
operating characteristics, shape, size, topography, and the provision of public and
emergency vehicle access, and public services and utilities and is served by highways
and streets adequate in width and improvement to carry the kind and quantity of traffic
the proposed use would likely generate, to ensure that the proposed use(s) and/or
development will not endanger, jeopardize, or otherwise constitute a hazard to the
property or improvements in the vicinity in which the property is located.
FINDING: The subject site is located within the Garvey Avenue Specific Plan. The
Garvey Avenue Specific Plan amended the Zoning Map and General Plan land use
designations for approximately 88 parcels to support the development of over 1.18 million
square feet of commercial development, 892 dwelling units, and 0.77 acres of open
space. These estimates represent a realistic building of the planning area based on an
analysis of existing development that will persist through the life of the proposed Specific
Plan plus anticipated redevelopment. The site would be physically suited for provision of
public and emergency vehicle access, and public services and utilities.
Based on the Golden State Water Company, South San Gabriel Service Area 2020
Urban Water Management Plan dated July 16, 2021, the Golden State Water Company
has an adequate water supply to meet the demand of the project into the future. In
addition, the applicant has obtained a will-serve letter from the Los Angeles County
Sanitation Districts. A traffic study was also prepared for the project by Ganddini Group,
Inc. Based on the traffic study, the proposed project would not result in any new significant
traffic impact impacts or mitigation measures compared to the Garvey Avenue Specific
Plan TIA/EIR. The project is located in a low-VMT generating area. Therefore, the project
satisfies the screening criteria for low-VMT generating area and may be presumed to
result in a less than significant VMT impact in accordance with City of Rosemead VMT
guidelines. The City of Rosemead's Contract Traffic Engineer has reviewed the traffic
study and Initial Study/Draft Mitigated Negative Declaration and has deemed it
acceptable. Furthermore, it was determined that the project would not have any
significant operational traffic impacts.
SECTION 4. The Planning Commission HEREBY RECOMMENDS CITY
COUNCIL APPROVAL of Zone Change 22-02 and Specific Plan Amendment 22-01, for
the construction of a seven -story, mixed-use development with 35,105 square feet of
nonresidential (commercial) use and 93 residential apartments, which includes 24
live/work units.
SECTION 5. This resolution is the result of an action taken by the Planning
Commission on May 15, 2023, by the following vote:
AYES:
BERRY, ESCOBAR, AND UNG
NOES:
LOPEZ
ABSTAIN:
TANG
ABSENT:
NONE
SECTION 9. 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 15th day of May, 2023.
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 15th day of May,
2023, by the following vote:
AYES:
BERRY, ESCOBAR, AND UNG
NOES:
LOPEZ
ABSTAIN:
TANG
ABSENT:
NONE
— 4W
Stan Wong, Secretary
APPROVED AS TO FORM:
Stephanie Gutierrez, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Attachment F
Project Conditions of Approval
EXHIBIT "A"
ZONE CHANGE 22-02 AND SPECIFIC PLAN AMENDMENT 22-01
(ORDINANCE NO. 1016 AND RESOLUTION 2023-26)
7849-7857 GARVEY AVENUE AND 7900-7916 VIRGINIA STREET
(APNS: 5287-038-018, -019, -020, -029, 030 and -033)
CONDITIONS OF APPROVAL
June 27, 2023
Standard Conditions of Approvals
Zone Change 22-02 and Specific Plan Amendment 22-01 ("Project') are approved for the
amendment of the Zoning Map and Figure 3.1 of The Garvey Avenue Specific Plan by
changing the zone of 7849-7857 Garvey Avenue (APNS: 5287-038-018, -019, -020 and -029)
from Garvey Avenue Specific Plan (GSP) and 7900-7916 Virginia Street (APNS: 5287-038-
030 and -033) from Garvey Avenue Specific Plan, Residential/Commercial (GSP-R/C) zone
to Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zone, for the
development of a seven -story, mixed-use development with 35,105 square feet of
nonresidential (commercial) use and 93 residential units, which includes 24 live/work units.
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.
The conditions listed on this exhibit shall be copied directly onto any development plans
subsequently submitted to the Planning Division, Building and Safety Division, and Public
Works Department.
4. Approval of Project shall not take effect for any purpose until the applicant(s) have filed with
the City of Rosemead ("City") a notarized affidavit stating that he/she is aware of and accepts
all of the conditions of approval as set forth in the letter of approval and this list of conditions
within ten (10) days from the 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 City Council approval date. For the purpose
of this petition, project commencement shall be defined as beginning the permitting process
with the Planning and Building Divisions, so long as the project is not abandoned. If 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 Public Works Department shall have
access to the project site at any time during construction to monitor progress.
15. All requirements of the Building and Safety Division, Planning Division, and Public Works
Department shall be complied with prior to the final approval of the proposed construction.
16. All ground level mechanical/utility equipment (including meters, back flow prevention
devices, fire valves, A/C condensers, furnaces, and other equipment) shall be located away
from public view or adequately screened by landscaping or screening walls so as not to be seen
from the public right-of-way.
17. All new roof -top appurtenances and equipment shall be adequately screened from view to the
satisfaction of the Planning Division. Such equipment shall not exceed the height of the parapet
wall. There shall be no mechanical equipment located on the sides of the building.
18. The parking area, including handicapped spaces, shall be paved and re -painted periodically to
City standards to the satisfaction of the Planning Division. In accordance with the Rosemead
Municipal Code, all designated parking stalls shall be double striped. Such striping shall be
maintained in a clear, visible, and orderly manner to the satisfaction of the Planning Division.
19. Violations of the conditions of approval may result in citation and/or initiation of revocation
proceedings.
20. The applicant(s) shall keep the electrical and mechanical equipment and/or emergency exits
free of any debris, storage, furniture, etc., and maintain a minimum clearance of five (5) feet.
Project Specific Conditions of Approval
21. The traffic study shall be updated to provide additional analysis on the traffic impacts of the
residential streets within the vicinity and to identify if any mitigation measures shall be
incorporated. The updated traffic study shall be reviewed by the City Council. (Modified by
the Planning Commission on May 15, 20231
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 fence/wall plan shall be submitted to the Planning Division for review and approval
prior to the issuance of building permits. All walls and/or fences height shall comply with the
requirements in the Rosemead Municipal Code and shall consist of decorative material, which
match or complement the residential buildings in color, material, and design.
24. The site shall be maintained in a graffiti -free state.
25. The site shall be maintained in a clean, weed and litter -free state. All trash containers shall be
stored in the approved trash enclosure at all times. All trash and garbage receptacles shall be
regularly inspected and cleaned, and maintained in a clean, safe, and sanitary condition.
26. All trash enclosures shall be designed to be an integral part of the overall project design, and
utilize complementary colors and materials. All trash enclosures shall have a solid roof cover
and doors shall be opaque, self-closing, and self -latching. Detailed elevations shall be
submitted to the Planning Division for review, and if satisfactory, approval, prior to submittal
to the Building and Safety Division.
27. 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.
28. All parking spaces shall comply with the currently applicable section of the Rosemead
Municipal Code. All covered parking spaces shall be free and clear with no obstruction.
29. All delivery vehicles shall enter the development from Strathmore Avenue and park in a
designated loading area on the ground level for site deliveries and loading/unloading. Delivery
trucks would be restricted to two axle trucks. Delivery trucks shall not park along Garvey
Avenue, Virginia Avenue, or Strathmore Avenue.
30. Truck deliveries shall occur only during off-peak hours so that any potential conflict between
trucks, residents, and customers of the development will be minimal. All truck deliveries shall
comply with Rosemead Municipal Code Chapter 8.36.
31. Prior to the issuance of Building permits, the Developer shall develop a comprehensive
Construction Management Plan, subject to the review and approval of the Planning Division,
Building and Safety Division, and Public Works Department. The Construction Management
Plan shall address security of site and equipment, noise, vibrations, traffic control, parking,
debris removal, staging, dust control, sanitary facilities, and other potential construction
impacts, as well as other details involving the means and methods of completing the project,
including the construction equipment route. The City has the authority to require modifications
and amendments to the Construction Management Plan as deemed necessary throughout the
course of the project and until the final inspection.
32. A construction notice shall be mailed to residents within a 300' radius from the project site to
inform them of the commencement of construction. The notice shall be mailed ten days prior
to commencement.
33. Any exterior lighting shall be fully shielded and directed downwards as to not project over the
property lines of the subject site.
34. The applicant shall submit a Master Sign Program for the mixed-use development to the
Planning Division for review and approval prior to the issuance of any Certificate of
Occupancy.
35. The developer shall make all efforts within the first six months of the leasing period to
incorporate national or regional tenants into the commercial leasing spaces.
36. Restrictions and/or covenants shall be recorded on the property to ensure the benefits or
amenities provided to earn the Community Benefit Incentives are maintained in perpetuity.
The project must include community benefit incentives exceeding 130 points to gain a 3.0 floor
area ratio (FAR) and density of 80 units/acre. The type of benefit and points earned are listed
below:
a. Lot Consolidation — 35 points
b. Family Friendly Development — 30 points
c. Nonresidential Component of Mixed -Use Development Sites — 20 points and 5%
increase in residential to make the split 70% residential to 30% commercial
d. Public Parking — 6 points
e. Sustainable Design (CAL -Green Tier 1) — 20 points or Alternative Energy — 30
Points
37. A Minor Exception application shall be processed pursuant to Rosemead Municipal Code
(RMC) Section 17.142.020 for the 22 feet wide driveway adjacent to the public alley.
38. An Administrative Use Permit shall be processed pursuant to Rosemead Municipal Code
(RMC) Chapter 17.128 for the tandem parking of the live/work units.
Public Works Conditions of Approval
39. Copy all conditions of approval and the Planning decision letter onto all permit plan sets.
40. The approved building address(s) shall be painted on the curb to the City's standard as required
by the Public Works Inspector before the final inspection.
41. Rehabilitate existing AC street pavement along the property frontage to the centerline of the
street or pay an in -lieu fee equal to the estimated cost of street rehabilitation based on the Los
Angeles County Land Development Division Bond Calculation Sheets before the issuance of
building permits to the satisfaction of the City Engineer or designee. 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.
42. Any trenching asphalt or concrete pavement or street or sidewalk removal related to the project
repair shall match the existing surfaces and as directed by the City Engineer or his designee.
New pavement thickness shall be one inch greater than the existing and conform to City of
Rosemead Pavement Resurfacing standard details TS -1 through TS -5. Standard details can be
found on the Public Works webpage at: https://www.cityofrosemead.org.
43. Dedicate street R/W to match the ultimate R/W condition, when applicable.
44. The required street improvements shall include those portions of roadways contiguous to the
subject property and include:
a. Reconstruct existing and construct new driveway approaches with current ADA bypass
requirements per SPPWC, latest edition. No portion of the driveway and/or parkway
shall encroach to the frontage of the adjacent property. Remove and replace relocated
driveway approaches with sidewalk and curb and gutter.
b. Remove and reconstruct all damaged and/or off -grade curbs, gutters, ADA ramps,
driveway approaches, and sidewalks.
c. Install street storm drain catch basin trash grates adjacent to the property (type to match
City standard), when applicable.
45. 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.
46. If required, a final tract map prepared by, or under the direction of a Registered Civil Engineer
authorized to practice land surveying, or a Licensed Land Surveyor, must be processed
through the City Engineer's office prior to being filed with the County Recorder.
47. If required, 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.
48. If required, 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, if required.
49. If applicable, the 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 Mylar copy of the filed map.
50. Comply with all requirements of the Subdivision Map Act.
51. Approval for filling of this land division is contingent upon approval of plans and
specifications mentioned below. If the improvements are not installed prior to the filing of
this subdivision, the developer must submit an Undertaking Agreement and a Faithful
Performance and Labor and Materials Bond in the amount estimated by the City Engineer
guaranteeing the installation of the improvements.
52. If applicable, 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.
53. 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.
54. A grading and drainage plan must provide for each lot having an independent drainage system
to the public street, to a public drainage facility, or by means of an approved drainage
easement.
55. Historical or existing stonnwater 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.
56. 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.
57. 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.
58. If the project is greater than one acre, a Storm Water Pollution Plan is required. A Notice of
Intent (NOI) shall be filed with the State Water Resources Control Board. When submitting
the SWPPP for the City's review, please include the NOI and the Waste Discharger
Identification (WDID) number.
59. 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.
60. Submit a LID plan and comply with all NPDES requirements.
61. If applicable, install Full Capture Devices (FCDs) on each storm drain catch basin adjacent to
the property pursuant Los Angeles River Trash TMDL requirements and City standard.
62. Clearly show all existing lot lines and proposed lot line on the plans.
63. Provide a complete boundary and topographic survey.
64. Show any easement on the plans as applicable.
65. Print all Project Conditions of Approval on all plan sets.
TRAFFIC
66. Comply with all traffic requirements.
67. At the City Engineer's discretion a portion of the raised median on the west leg of Garvey
Avenue shall be removed and replaced with a two-way left turn median.
68. If the project generates 50 or more new peak -hour vehicle trips, then a traffic impact study
will need to be completed. A trip generation table with distribution of project trips at each
driveway should be submitted to City Engineering and Traffic to determine the extent and
scope of the Traffic Analysis required.
69. Internal access, on-site parking, and line of sight at each project driveway shall be submitted
to determine if off-site parking restrictions are necessary.
70. Following State Mandate SB 743 all development projects need to determine if they are
exempt from a VMT (Vehicle Miles Traveled) assessment. Exempt projects include the
following:
a. Projects that generate less than 110 Daily vehicle trips which usually correspond to
the following:
i. 11 single family housing units
ii. 16 multi -family, condominiums, or townhouse housing units
iii. 10,000 sq. ft. of office
iv. 15,000 sq. ft. of light industrial
v. 63,000 sq. ft. of warehousing
vi. 79,000 sq. ft. of high cube transload and short-term storage warehouse3
b. Local serving retail projects less than 50,000 sqf which includes:
i. Gas Stations
ii. Banks
iii. Restaurants
iv. Shopping Center
v. Day care centers
vi. Local -serving hotels (e.g. non -destination hotels)
vii. Student housing projects on or adjacent to a college campus
viii. Local -serving assembly uses (places of worship, community organizations)
ix. Affordable, supportive, or transitional housing
x. Assisted living facilities
xi. Senior housing (as defined by HUD)
Any project not fitting in these categories must use the City Supplied VMT tool at:
https://apps.fehrandpeers.com/SGVCOGVMT/ to determine if their project is in a TPA
(Transit Priority Area) or in an identified LOW VMT Area for exemption.
71. Any project not considered exempt will need to prepare a VMT assessment for the project.
a "IJ w,7
72. If applicable, approval of this land division is contingent upon providing a separate sewer
lateral to serve each lot of the land division.
73. 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.
74. 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.
75. 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
76. All power, telephone, cable television, and all utilities to the project and adjacent to the project
shall be installed and relocated underground unless impracticable to the satisfaction of the
City Engineer or designee.
77. Any utilities that conflict with the development shall be relocated at the developer's expense.
78. Provide a street lighting plan and parking lot lighting plan.
WATER
79. 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.
80. Water hydrant, water meter box and utilities box shall be located 8 feet away from parkway
trees and 3 feet away from driveway approach.
81. Prior to the approval of the tentative map, there shall also be filed with the City Engineer, a
statement from the water purveyor and fire department indicating compliance with the Fire
Chiefs fire flow requirements.
LA COUNTY FIRE DEPARTMENT
82. The applicant shall company with All Conditions of Approval imposed by the County of Los
Angeles Fire Department outline in their letter dated July 15, 2022.
Mitigation Measure Conditions
Aesthetics
83. Prior to the issuance of a building permit the project applicant shall submit a lighting plan for
approval by the Planning Division that incorporates the following light reducing measures as
applicable:
a. Select lighting fixtures with more -precise optical control and/or different lighting
distribution.
b. Relocate and/or change the height and/or orientation of proposed lighting fixtures.
c. Add external shielding and/or internal reflectors to fixtures.
d. Select lower -output lamp/lamp technologies.
e. A combination of the above.
Air Quality
84. Prior to the start and throughout project construction, the contractor shall implement and
maintain the following fugitive dust control measures:
a. Apply soil stabilizers or moisten inactive areas.
b. Water exposed surfaces as needed to avoid visible dust leaving the construction site
(typically 2-3 times/day).
c. Cover all stockpiles with tarps at the end of each day or as needed.
d. Provide water spray during loading and unloading of earthen materials.
e. Minimize in -out traffic from construction zone.
f. Cover all trucks hauling dirt, sand, or loose material and require all trucks to maintain
at least two feet of freeboard.
g. Sweep streets daily if visible soil material is carried out from the construction site.
85. Throughout project construction the contractor shall:
a. Utilize well -tuned off-road construction equipment.
b. Establish a preference for contractors using Tier 3 or better heavy equipment.
c. Enforce 5 -minute idling limits for both on -road trucks and off-road equipment.
Cultural Resources
86. The project developer shall retain a qualified professional archaeologist who meets U.S.
Secretary of the Interior's Professional Qualifications and Standards, to conduct an
Archaeological Sensitivity Training for construction personnel prior to commencement of
excavation activities. The training session shall be carried out by a cultural resource
professional with expertise in archaeology, who meets the U.S. Secretary of the Interior's
Professional Qualifications and Standards. The training session shall include a handout and
will focus on how to identify archaeological resources that may be encountered during
earthmoving activities and the procedures to be followed in such an event, the duties of
archaeological monitors, and the general steps a qualified professional archaeologist would
follow in conducting a salvage investigation if one is necessary.
87. In the event that archaeological resources are unearthed during ground disturbing activities,
ground -disturbing activities shall be halted or diverted away from the vicinity of the find so
that the find can be evaluated. A buffer area of at least 50 feet shall be established around the
find where construction activities shall not be allowed to continue until a qualified
archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the
find. Work shall be allowed to continue outside of the buffer area. All archaeological resources
unearthed by project construction activities shall be evaluated by a qualified professional
archaeologist, who meets the U.S. Secretary of the Interior's Professional Qualifications and
Standards. Should the newly discovered artifacts be determined to be prehistoric, Native
American Tribes/Individuals shall be contacted and consulted, and Native American
construction monitoring shall be initiated. The project developer and the City shall coordinate
with the archaeologist to develop an appropriate treatment plan for the resources. The plan may
include implementation of archaeological data recovery excavations to address treatment of
the resource along with subsequent laboratory processing and analysis.
88. The project developer shall retain a qualified professional archaeologist, who meets the U.S.
Secretary of the Interior's Professional Qualifications and Standards to conduct periodic
Archaeological Spot Checks beginning at depths below 2' feet to determine if construction
excavations have exposed or have a high probability to expose archaeological resources. After
the initial Archaeological Spot Check, further periodic checks shall be conducted at the
discretion of the qualified archaeologist. If the qualified archaeologist determines that
construction excavations have exposed or have a high probability to expose archaeological
artifacts construction monitoring for Archaeological Resources shall be required. The project
developer shall retain a qualified archaeological monitor, who will work under the guidance
and direction of a professional archaeologist, who meets the qualifications set forth by the U.S.
Secretary of the Interior's Professional Qualifications and Standards. The archaeological
monitor shall be present during all construction excavations (e.g., grading, trenching, or
clearing/grubbing) into non -fill younger Pleistocene alluvial sediments. Multiple earth -moving
construction activities may require multiple archaeological monitors. The frequency of
monitoring shall be based on the rate of excavation and grading activities, proximity to known
archaeological resources, the materials being excavated (native versus artificial fill soils), and
the depth of excavation, and if found, the abundance and type of archaeological resources
encountered. Full-time monitoring can be reduced to part-time inspections if determined
adequate by the project archaeologist.
89. The archaeological monitor, under the direction of a qualified professional archaeologist who
meets the U.S. Secretary of the Interior's Professional Qualifications and Standards, shall
prepare a final report at the conclusion of archaeological monitoring. The report shall be
submitted to the project developer, the South Central Costal Information Center, the City, and
representatives of other appropriate or concerned agencies to signify the satisfactory
completion of the project and required mitigation measures. The report shall include a
description of resources unearthed, if any, evaluation of the resources with respect to the
California Register and CEQA, and treatment of the resources.
Noise
90. Dozers and graders shall not operate within 35 feet of any residential unit adjacent to the site.
Grading within 35 -feet of adjacent residential units shall use quieter equipment such as a
loader/backhoe or rubber tired equipment.
91. All construction equipment shall be equipped with mufflers and other suitable noise
attenuation devices (e.g., engine shields).
92. Grading and construction contractors shall use rubber -tired equipment rather than track
equipment, to the maximum extent feasible.
93. If feasible, electric hook-ups shall be provided to avoid the use of generators. If electric service
is determined to be infeasible for the site, only whisper -quiet generators shall be used (i.e.,
inverter generators capable of providing variable load.
94. Electric air compressors and similar power tools rather than diesel equipment shall be used,
where feasible.
95. Generators and stationary construction equipment shall be staged and located as far from the
adjacent residential structures as feasible.
96. Construction -related equipment, including heavy-duty equipment, motor vehicles, and
portable equipment, shall be turned off when not in use for more than 5 minutes.
97. A sign shall be posted in a readily visible location at the project site that indicates the dates
and duration of construction activities, as well as provide a telephone number where residents
can enquire about the construction process and register complaints to an assigned construction
noise disturbance coordinator.
98. Dozers shall not operate within 25 feet of the north property line.
Public Services
99. Prior to the issuance of a building permit, the project developer shall contact the County of Los
Angeles Sheriff's Department Temple Station and incorporate all applicable CPTED
defensible space measures into the final project design to reduce criminal activity at the project.
100. Prior to the issuance of a grading permit, the project developer shall submit a Construction
Traffic Management Plan to the County of Los Angeles Sheriff s Department Temple Station
that identifies the construction management measures that would be implemented during
construction to minimize construction -related traffic congestion and emergency project
access.
Traffic
101. Approximately 12 months after the issuance of a Certificate of Occupancy, or the City
Engineers discretion, the project developer shall conduct a traffic signal warrant at the
Strathmore Avenue/Garvey Avenue intersection. If warranted, the project developer's fair -
share of the cost of the construction of the traffic signal shall be paid from the Development
Impact Fees collected from the developer.
102. Red curbs shall be painted as shown in Figure 21 of the MND prior to the issuance of a
building permit.
Tribal Cultural Resources
103. 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.
104. Upon discovery of any Tribal Cultural Resources, construction activities shall cease in the
immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be
assessed. All Tribal Cultural Resources unearthed by project activities shall be evaluated by
the qualified archaeologist and Tribal monitor approved by the Consulting Tribe. If the
resources are Native American in origin, the Consulting Tribe shall retain it/them in the form
and/or manner the Tribe deems appropriate, for educational, cultural and/or historic
purposes. If human remains and/or grave goods are discovered or recognized at the project
site, all ground disturbance shall immediately cease, and the county coroner shall be notified
per Public Resources Code Section 5097.98, and Health & Safety Code Section 7050.5.
Human remains and grave/burial goods shall be treated alike per California Public Resources
Code Section 5097.98(d)(1) and (2). Work may continue on other parts of the project site
while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section
15064.5[fj). If a non -Native American resource is determined by the qualified archaeologist
to constitute a "historical resource" or "unique archaeological resource," time allotment and
funding sufficient to allow for implementation of avoidance measures, or appropriate
mitigation, must be available. The treatment plan established for the resources shall be in
accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC
Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e.,
avoidance) is the preferred manner of treatment. If preservation in place is not feasible,
treatment may include implementation of archaeological data recovery excavations to
remove the resource along with subsequent laboratory processing and analysis. Any historic
archaeological material that is not Native American in origin shall be curated at a public,
non-profit institution with a research interest in the materials, such as the Natural History
Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to
accept the material. If no institution accepts the archaeological material, it shall be offered to
a local school or historical society in the area for educational purposes.
Attachment G
Mitigated Negative Declaration, along Mitigation
Monitoring and Reporting Program
(Appendices on USB Drive)
Attachment H
Written Public Comments Received During
the 20 -day Review Period and Responses
to Comments
Attachment I
Architectural Plans