CC - Item 9D - Ordinance 887 - 2nd Reading - Approving Zone Change 10-01 - of Eight City Parks to OPen Space ZoningROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITYOUNCIL
FROM: JEFF ALLRED, CITY MANAGER 9kq
DATE
: APRIL 13, 2010 SUBJECT: ORDINANCE 887 - SECOND READING: APPROVING ZONE CHANGE
10-01, AMENDING THE ZONING CLASSIFICATION OF EIGHT (8) CITY
PARKS TO THE O-S (OPEN SPACE) ZONING DESIGNATION
SUMMARY
On March 9, 2010, the City Council reviewed the Ordinance No. 887 approving zone
change 10-01, amending the zoning classification of eight (8) city parks to the O-S
(Open Space) zoning designation. The following parks will be affected by this zone
change: Angelus Park, Garvey Park, Guess Park, Klingerman Park, Rosemead Park,
Sally Tanner Park, Triangle Park, and Zapopan Park. Ordinance No. 887 is now before
Council at the required second reading for adoption.
Staff Recommendation
Staff requests that City Council ADOPT Ordinance No. 887 at its second reading.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
GLORIA MOLLEDA
CITY CLERK
Attachment A -Ordinance No. 887
APPROVED FOR CITY COUNCIL AGENDA: ITEM NUMBER: q'D
ORDINANCE NO. 887
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING ZONE CHANGE 10-01, AMENDING THE ZONING
CLASSIFICATION OF EIGHT (8) CITY PARKS TO THE O-S (OPEN
SPACE) ZONING DESIGNATION. THE FOLLOWING PARKS WILL BE
AFFECTED BY THIS ZONE CHANGE: ANGELUS PARK (APN: 5283-
032-903), GARVEY PARK (APNs: 5287-020-900, 5287-020-903, 5287-
020-904 and 5287-021-900), GUESS PARK (APN: 5389-004-800),
KLINGERMAN PARK (APNs: 5282022-270 and 5282-022-271),
ROSEMEAD PARK (APN: 8592-018-902), SALLY TANNER PARK (APN:
5389-001-903), TRIANGLE PARK (APN: 5281-032-900), and ZAPOPAN
PARK (APNs: 5288-005-800, 5288-005-801, 5288-005-802, 5288-005-
804, 5288-005-805, and 5288-005-806).
WHEREAS, the City of Rosemead has an adopted Zoning Ordinance and
associated maps, including specific development standards to control development; and
WHEREAS, approval of Zone Change 10-01 would designate the eight (8) parks
as O-S (Open Space), allowing parks; and
WHEREAS, State Planning and Zoning Law, Title 17, and Chapter 17.116 of the
Rosemead Municipal Code authorizes and sets standards for approval of Zone Change
applications and governs development of private properties; and
WHEREAS, Section 17.116.010 of the City of Rosemead Municipal Code
authorizes the City Council to approve zone change applications whenever the public
necessity, convenience, general welfare or good zoning practices justify such action;
and
WHEREAS, City of Rosemead policy encourages consistency of its Zoning Code
with the General Plan and promotes separation of conflicting land uses through good
planning practices; and
WHEREAS, on March 1, 2010, the City of Rosemead Planning Commission
considered Zone Change 10-01 and recommended approval to the City Council after
the Commission made findings that the proposed application will not have a significant
impact on the environment; and
WHEREAS, on March 11, 2010, five hundred twenty (520) notices were mailed
to all owners of real property as shown on the latest equalized assessment roll within
300 feet of the real property subject to Zone Change 10-01, a notice was published in
the San Gabriel Valley Tribune on March 12, 2010, and notices were posted in six (6)
public locations, specifying the availability of the application, plus the date, time and
location of the public hearing pursuant to California Government Code Section
65091(a)(3); and
WHEREAS, on March 1, 2010, the Planning Commission held a public hearing to
receive testimony, and after hearing all testimonies from the public, the Commission
recommended approval to the City Council of Zone Change 10-01; and
WHEREAS, on March 1, 2010, the Planning Commission adopted Resolution 10-
04, thereby recommending approval to the City Council of Zone Change 10-01; and
WHEREAS, on March 23, 2010, the City Council held a public hearing to receive
public testimony relative to Zone Change 10-01; and
. WHEREAS, the City Council has sufficiently considered all testimony presented
to them and hereby make the following determination:
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Rosemead as follows:
Section 1. Pursuant to the City of Rosemead's CEQA Procedures and CEQA
Guidelines, it has been determined that the adoption of this ordinance will not have a
potential significant environmental impact. The Rosemead City Council adopted a
General Plan update and certified an accompanying Program Environmental Impact
Report (Program EIR) on October 14, 2008. The certified Program EIR provided a
program-level assessment of the environmental impacts resulting from development
pursuant to land use policy and implementation of the goals and policies set forth in all
chapters of the updated General Plan, as well as the long-term implementation of the
General Plan through a revised Zoning Code. Zone Change 10-01 is consistent with
the Program EIR, and pursuant to Public Resources Code 21083.3 and CEQA
Guidelines sections 15162, 15168 and 15183 is exempt from the requirement that
additional environmental documentation be prepared.
Section 2. The City Council of the City of Rosemead HEREBY FINDS,
DETERMINES AND DECLARES that changing the zoning classification of these eight
(8) parks to O-S (Open Space) will bring the zoning designation into consistency with
the City's General Plan.
Section 3. The City Council FURTHER FINDS that Zone Change 10-01 meets
the City's goals and objectives as follows:
A. Land Use: The General Plan designation will remain as Open Space or
Public Facilities and will allow for the eight (8) City parks to be consistent with City
codes and land uses in the surrounding area. The General Plan Open Space and
Public Facilities land use designations are•designed to support public facilities, including
parks. The proposed zoning of the site is consistent with the current land uses of the
City of Rosemead's General Plan and Municipal Code. According to the Zoning
Ordinance/General Plan Consistency Matrix (Table LU-2) of the General Plan, the Open
I
Space land use designation is consistent with the Open Space zone and all zones are
permitted under the Public Facilities land use designation.
B. Circulation: Potential impacts. to:traffic and transportation depend on the
extent of a proposed project and local conditions. Each new proposed park project will
be required to provide efficient vehicular access to the site. Furthermore, all park
projects will be required to satisfy the parking requirements outlined in the municipal
code.
C. Housing: The proposed zone change will not induce new population growth
nor displace existing housing units or people. The Parks and Recreation Department is
pursuing statewide grant funding for renovations to City parks, which will improve the
appearance, play opportunities, efficiency, safety, and accessibility to the parks.
D. Resource Management: Any proposed development resulting from this Zone
Change would be located in a developed urban area, and as such, will not result in any
impact upon natural resources. Proposed developments will be required to provide
adequate landscaped areas in the overall site plan.
E. Noise: The proposed development will not generate any permanent impacts
to noise levels for the surrounding area. All construction activities to the parks shall be
required to comply with the City's Municipal Code.
F. Public Safety: There will not be a new increase in population or density as a
result of the Zone Change, so the need for more public safety and public areas is not
impacted. Instead, the improvements will significantly improve the appearance, play
opportunities, efficiency, safety, and accessibility to the parks. The entire City of
Rosemead is located in Flood Zone C (flood insurance is not mandatory) and is free
from any flood hazard designations.
Section 4. The City Council HEREBY APPROVES Zone Change 10-01, to
change the zoning classification of eight (8) City parks to the O-S (Open Space) zoning
designation. The proposed zone change will bring the zoning designation of these
parks into consistency with the City's General Plan goals and policies, as required by
State law. The following parks will be affected by this zone change: Angelus Park
(Assessor Parcel Number: 5283-032-903), Garvey Park (Assessor Parcel Number:
5287-020-900, 5287-020-903, 5287-020-904, and 5287-021-900), Guess Park
(Assessor Parcel Number: 5389-004-800), Klingerman Park (Assessor Parcel Numbers:
5282022-270 and 5282-022-271), Rosemead Park (Assessor Parcel Number: 8592-
018-902), Sally Tanner Park (Assessor Parcel Number: 5389-001-903), Triangle Park
(Assessor Parcel Number: 5281-032-900); and Zapopan Park (Assessor Parcel
Numbers: 5288-005-800, 5288-005-801, 5288-005-802, 5288-005-804, 5288-005-805,
and 5288-005-806).
Section 5. If any section, subsection, sentence, clause or word of this ordinance
is for any reason held to be invalid by & court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The City Council
of the City of Rosemead HEREBY DECLARES that it would have passed and adopted
Ordinance No. 867 and each and all provisions thereof, irrespective of the fact that any
one or more of said provisions may be declared to be invalid.
Section 6. The City Clerk shall certify to the passage of this Ordinance.
PASSED AND APPROVED, this March 23, 2010.
Margaret Clark, Mayor
ATTEST:
GLORIA MOLLEDA, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROSEMEAD
I Gloria Molleda, City Clerk of the City'of Rosemead, do hereby certify that the
foregoing Ordinance No. 887 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING ZONE CHANGE 10-01, AMENDING THE ZONING
CLASSIFICATION OF EIGHT (8) CITY PARKS TO THE O-S (OPEN
SPACE) ZONING DESIGNATION. THE FOLLOWING PARKS WILL BE
AFFECTED BY THIS ZONE CHANGE: ANGELUS PARK (APN: 5283-
032-903), GARVEY PARK (APNs: 5287-020-900, 5287-020-903, 5287-
020-904, and 5287-021-900), GUESS PARK (APN: 5389-004-800),
KLINGERMAN PARK (APNs:. 5282-022-270 and 5282-022-271),
ROSEMEAD PARK (APN: 8592-018-902), SALLY TANNER PARK (APN:
5389-001-903), TRIANGLE PARK; (APN: 5281-032-900), and ZAPOPAN
PARK (APNs: 5288-005-800, 5288-005-801, 5288-005-802, 5288-005-
804, 5288-005-805, and 5288-005-806).
Ordinance 887 was duly introduced and placed upon first reading at a regular meeting
of the City Council on the March 23, 2010, and that thereafter, said Ordinance was duly
adopted and passed, by the following vote, to wit:
AYES: ARMENTA, CLARK, LOW, LY AND TAYLOR
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
GLORIA MOLLEDA, City Clerk