Ordinance No. 867 - Zone Change 05-223ORDINANCE NO. 867
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING ZONE CHANGE 05-223, AMENDING A PORTION OF THE
ROSEMEAD ZONING MAP FROM A-1 (LIGHT AGRICULTURAL) TO P
• (AUTOMOBILE PARKING) FOR THE DEVELOPMENT OF A SURFACE
PARKING LOT ON THE NORTHERN 2.56 ACRES OF A 4.01 ACRE SITE
LOCATED IN AN EXISTING SOUTHERN CALIFORNIA EDISON RIGHT-
OF-WAY ON THE SOUTH SIDE OF MARSHALL STREET BETWEEN
EARLE AVENUE AND ROCKHOLD AVENUE, AND COMMONLY KNOWN
AS ASSESSOR PARCEL NUMBER (APN) 5371-013-801, PER THE LOS
ANGELES COUNTY ASSESSOR'S CURRENT TAX ROLL.
WHEREAS, First Evangelical Church of San Gabriel Valley filed a Zone Change
application to change the existing A-1 (Light Agricultural) zone to a P (Automobile Parking)
zone for the development of a surface parking lot on the existing Southern California
Edison right-of-way, located on the south side of Marshall Street between Earle Avenue
and Rockhold Avenue, and commonly known as Assessor Parcel Number (APN) 5371-
013-801, per the Los Angeles County Assessor's current tax roll, and
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 05-223 would designate the northern 2.56
acres of the 4.01 acre property as P (Automobile Parking) allowing open air, temporary
parking of transient automobiles; 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 October 6, 2008, the City of Rosemead Planning Commission
considered Zone Change 05-223, for the development of a surface parking lot and
recommended approval to the City Council after the Commission made findings that the
proposed application with incorporated mitigation measures will not have a significant
impact on the environment; and
WHEREAS, public notices were posted in several public locations and mailed to
property owners within a 300-foot radius from the subject property specifying the public
comment period and the time and place for a public hearing pursuant to California
Government Code Section 65091(a)(3); and
• WHEREAS, on October 6, 2008, the Planning Commission held a public hearing to
receive testimony, and after hearing all testimonies from the public and the applicant, the
Commission recommended approval to the City Council of Zone Change 05-223; and
WHEREAS, on October 6, 2008 the Planning Commission adopted Resolution 08-
26, thereby recommending approval to the City Council of Zone Change 05-223; and
WHEREAS, on October 28, 2008 the City Council held a public hearing to receive
public testimony relative to Zone Change 05-223; 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. This conclusion is based upon the Lead
Agency's determination through the project's Mitigated Negative Declaration containing
proposed mitigation measures that the project Will not have a significant impact on the
• environment per the California Environmental Quality Act guidelines. Therefore, a Notice
of Determination has been prepared according to CEQA guidelines.
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. Furthermore, the City Council has exercised its own discretionary and
independent judgment in reaching the above conclusion. The City Council, therefore,
hereby adopts the Mitigated Negative Declaration and the Mitigation Monitoring and
Reporting Program for the proposed zone change and parking lot project.
Pursuant to Title XIV, California Code of Regulations, Section 753.5(v)(1), the City Council
has determined that, after considering the record as a whole, there is no evidence that the
proposed project will have potential adverse effects on wildlife resources or the habitat
upon which the wildlife depends. Furthermore, on the basis of substantial evidence, the
City Council hereby finds that any presumption of adverse impacts has been adequately
rebutted. Therefore, pursuant to Fish and Game Code Section 711.2 and Title XIV,
California Code of Regulations, Section 735.5(a)(3), the City Council finds that the project
has no potential effect on fish, wildlife and habitat resources.
Section 2. The City Council of the City of Rosemead HEREBY FINDS,
DETERMINES AND DECLARES that placing the northern 2.56 acres of the 4.01 acre site
in the P (Automobile Parking) zone will provide an improved level of planning and .
protection to the quality and character of the existing neighborhood where the development
is proposed.
Section 3. The City Council FURTHER FINDS that Zone Change 05-223 meets the
City's goals and objectives as follows:
A. - Land Use: The General Plan designation will remain Public Facilities and will allow
for the proposed parking lot to be consistent with City codes and land uses in the
surrounding area. The general plan Public Facilities land use designation is
designed to support public facilities, including educational facilities, parks, utilities
and other governmental activities, as well as quasi-public uses, such as public
utilities easements, private schools, and institutional activities. 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 General Plan and Zoning
Ordinance Consistency Matrix (Table 2-2) of the General Plan, all zones are •
permitted under the Public Facilities land use designation. Furthermore, the existing
right-of-way will continue to be used to support the existing electrical transmission
towers, and the parking lot will support an institutional use.
B. Circulation: A traffic assessment was completed by Katz Okitsu and Associates on
June 20, 2008, which concluded that the.new parking lot will not result in an
increase in traffic that would cause congestion. The proposed parking lot will
eliminate the need for Church members and guests to park along Marshall Street
and Walnut Grove Avenue in close proximity to the Church during Sunday services
and church events on Friday evenings. The parking lot will operate Sundays,
between the hours of 8:00 a.m. and 3:00 p.m., and on Friday evenings between the
hours of 7:00 p.m. to 10:00 p.m. The Church will provide shuttle services between
the SCE site and the Church site to reduce pedestrian traffic.
C. Housing: The proposed project will not induce substantial new population growth
nor displace existing housing units or people. The new parking lot will partially
replace an existing wholesale plant nursery. The project site is designated Public
Facilities in the General Plan. Since the site is located directly below high-voltage
transmission lines and towers, the site is not suitable for residential development.
D. Resource Management: The proposed development is located in a developed
urban. area, and as such, will not result in any impact upon natural resources. The
development on the SCE site only consists of a surface parking lot, and therefore,
public views would be unaffected.
E. Noise: The project is not anticipated to have any significant noise impacts to
• adjacent residents with the exception of short-term construction noise impacts to
construct the block wall along the east and west project boundaries.. Construction
activities will be required to comply with the Rosemead Municipal Code. Mitigation
measures will also require that all construction equipment be equipped with
mufflers, and that construction staging areas be located away from the closest
homes to the east and west of the site.
F. Public Safety: There will not be a significant increase in population or density as a
result of the Zone Change for the construction of the parking lot, so the need for
more public safety and public areas is not impacted. In order to provide nighttime
safety and security lighting, 17 light standards will be installed throughout the
parking area. The entire City of Rosemead is located in Flood Zone C (flood
insurance is not mandatory) and is free from any flood hazard designations. The
paved parking lot will be designed to support fire trucks in the event of an onsite
emergency.
G. CEQA Compliance: The City as a "Lead Agency" has determined that the proposed
project may have a significant impact, but implementation of the proposed mitigation
measures will minimize identified significant impacts to a level, of less than
significance. Hence, the City Council of the City of Rosemead hereby adopts the
Mitigated Negative Declaration and the Mitigation Monitoring and Reporting
Program for this zone change and parking lot project. Any deviation from the use
described in the Mitigated Negative Declaration may require additional
• environmental review, as required by law.
Section 4. The City Council HEREBY APPROVES Zone Change 05-223 on the
existing Southern California Edison right-of-way, located on the south side of Marshall
Street between Earle Avenue and Rockhold Avenue, and commonly known as Assessor
Parcel Number (APN) 5371-013-801, per the Los Angeles County Assessor's current tax
roll.
Section 5. If any section, subsection, sentence, clause or word of this ordinance is
for any reason held to be invalid by a 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 28th day of October, 2008.
APPROVED AS TO FORM
12~"
JOfNN TRAN, Mayor
ATT IT:
GLORIA MOLLEDA, City Clerk
•
A y
nii'acio on Garcia
0
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molieda, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Ordinance No. 867 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD APPROVING ZONE CHANGE 05-223, AMENDING A
PORTION OF THE ROSEMEAD ZONING MAP FROM A-] (LIGHT
AGRICULTURAL) TO P (AUTOMOBILE PARKING) FOR THE
DEVELOPMENT OF A SURFACE PARKING LOT ON THE NORTHEN
2.56 ACRES OF A 4.Ot ACRE SITE LOCATED IN AN AXISTING
SOUTHERN CALIFORNIA EDISON RIGHT-OF-WAY ON THE SOU'Fl-1
SIDE OF MARSHALL STREET BETWEEN EARLE AVENUE AND
ROCKHOLD AVENUE, AND COMMONLY KNOWN AS ASSESSOR
PARCEL NUMBER (APN) 5371-013-801, PER THE LOS ANGELES
COUNTY ASSESSOR'S CURRENT TAX ROLL.
Ordinance 867 was duly introduced and placed upon first reading at a regular meeting of
the City Council on the 28°i day of October, 2008. Thereafter, said Ordinance was duly
adopted and passed on the 18°i day of November, 2008 by the following vote to wit:
Yes: Clark, Low, Nunez, Taylor, '['ran
No: None
Abstain: None
Absent: None
Gloria Molieda
City Clerk