Ordinance No. 861 - Zone Change 05-222Ordinance No. 861
General Plan Amendment 07-06
Zone Change 05-222
Planned Development Review 06-04
Tentative Tract Map 069079
Conditional Use Permit 06-1064
Page 1 of 6
ORDINANCE NO. 861
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING ZONE CHANGE 05-222, AMENDING A PORTION OF THE
ROSEMEAD ZONING MAP FROM R-3 (MEDIUM MULTIPLE
RESIDENTIAL) TO PD (PLANNED DEVELOPMENT), GENERAL PLAN
AMENDMENT 07-06, AMENDING A PORTION OF THE GENERAL PLAN
ALLOWING THE DEVELOPER TO EXCEED THE CURRENTLY
ALLOWABLE RESIDENTIAL DENSITY OF 14 UNITS PER ACRE IN A
MIXED USE DESIGNATION, TENTATIVE TRACT MAP 069079 FOR A
CONDOMINIUM SUBDIVISION, AND CONDITIONAL USE PERMIT 06-
1064 FOR DEVELOPMENT OF A MIXED-USE PROJECT CONSISTING OF
32 ATTACHED RESIDENTIAL CONDOMINIUM UNITS AND 10,845
SQUARE FEET OF RETAIL, OFFICE AND RESTAURANT SPACE ON A
PROPERTY LOCATED AT 3862 ROSEMEAD BOULEVARD AND 9016
GUESS STREET COMMONLY KNOWN AS (APNs: 8594-009-001,002).
WHEREAS, Long Bach Trinh filed applications with the City of Rosemead requesting a
Zone Change from R-3 (Medium Multiple Residential) to PD (Planned Development) together with
• a General Plan Amendment request to exceed the currently allowable residential density of 14 units
per acre in the General Plan Mixed Use designation, a and Conditional Use Permit application to
develop a mixed-use project, and a Tentative Tract Map to develop attached residential
condominium units on a property located at 3862 Rosemead Boulevard and 9016 Guess Street
(APN: 8594-009-001 & 002); and
WHEREAS, the City of Rosemead has an adopted General Plan, Zoning Ordinance, and
associated maps, including specific development standards to control development; and
WHEREAS, approval of Zone Change 05-222 would designate the subject property as
PD (Planned Development) allowing mixed-use types of development on the subject property such
as commercial and residential uses; 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
Ordinance No. 861
General Plan Amendment 07-06
Zone Change 05-222
Planned Development Review 06-04
Tentative Tract Map 069079
Conditional Use Permit 06-1064
Page 2 of 6
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 practicesjustify such action; and
WHEREAS, Section 65350 of the California Government Code authorizes the City Council
• to approve General Plan Amendment applications through public hearing and any other means the
City deems appropriate; 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 November 5, 2007, the City of Rosemead Planning Commission considered
General Plan Amendment 07-06, Zone Change 05-222, Planned Development Review 06-04,
Tentative Tract Map 069079, and Conditional Use Permit 06-1064 for the proposed mixed-use
development and recommended approval to the City Council after the Commission made findings
that the proposed applications 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 November 5, 2007, the Planning Commission held a public hearing to
receive testimony, and after hearing all testimonies from the public and the applicant, the
Commission unanimously recommended approval to the City Council of General Plan Amendment
07-06, Zone Change 05-222, Planned Development Review 06-04, Tentative Tract Map 069079, and
Conditional Use Permit 06-1064; and
WHEREAS, on November 5, 2007 the Planning Commission adopted Resolution 07-50,
thereby recommending approval to the City Council of General Plan Amendment 07-06, Zone
Change 05-222, Planned Development Review 06-04, Tentative Tract Map 069079, and Conditional
Use Permit 06-1064; and
WHEREAS, on December 11, 2007 the City Council held a public hearing to receive public
testimony relative to General Plan Amendment 07-06, Zone Change 05-222, Planned Development
Review 06-04, Tentative Tract Map 069079, and Conditional Use Permit 06-1064; and
Ordinance No. 861
General Plan Amendment 07-06
Zone Change 05-222
Planned Development Review 06-04
Tentative Tract Map 069079
Conditional Use Permit 06-1064
Page 3 of 6
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 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
Mitigation Monitoring Program for the proposed mixed use 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 a de minimis impact on Fish and Game resources.
Section 2. The City Council of the City of Rosemead HEREBY FINDS, DETERMINES
AND DECLARES that placing the subject property in the PD (Planned Development) zone will
provide an improved level of planning and protection to the quality and character of the
neighborhood where the development is proposed.
Section 3. The City Council FURTHER FINDS that General Plan Amendment 07-06 and
Zone Change 05-222 meet the City's goals and objectives as follows:
A. Land Use: The proposed mixed use project consists of a Zone Change from R-3 (Medium
Multiple Residential) to PD (Planned Development). Additional requests include a General
Plan Amendment requesting approval to exceed the currently allowable residential density of
14 units per acre in a mixed-use designation, a Tentative Tract Map for a condominium
Ordinance No. 861
General Plan Amendment 07-06
Zone Change 05-222
Planned Development Review 06-04
Tentative Tract Map 069079
Conditional Use Permit 06-1064
Page 4 of 6
subdivision, a Planned Development Review and a Conditional Use Permit application to
develop a mixed-use project. The proposed General Plan Amendment and Zone Change are
consistent with General Plan Policy 3.3 that encourages revitalization of major corridors
through mixed use developments to promote the infill of strip commercial districts with
higher density multi-family uses. Therefore, this zone change and General Plan Amendment
will allow for commercial/residential development on the subject site that is compatible with
• surrounding land uses.
B. Circulation: This development is located on Rosemead Boulevard and Guess Street. Primary
access to the proposed mixed use project site will be via Rosemead Boulevard. The
proposed project is consistent with Circulation Element Policy 3.4, which encourages new
developments with adequate parking to locate in revitalization areas. The circulation plan of
the proposed mixed use project will not impede free flow of vehicular traffic on site or on
adjacent roadways.
C. Housin : In addition to increasing homeownership opportunities, the applicant will be
providing at least three units for sale to persons and families of moderate income. Providing
a variety of housing opportunities including affordable housing is in compliance with
Housing Element policy that encourages a range of housing opportunities for existing and
future City residents by ensuring that housing is available to all socio-economic segments of
is the community.
D. Resource Management: The proposed mixed use development will provide high quality
landscaping with a variety of drought tolerant shrubs and plants, thereby minimizing water
consumption. The proposed mixed use project is designed with natural resources
conservation in mind, and therefore will not affect any natural resources in the area.
E. Noise: This development will not generate any significant noise levels for the surrounding
area beyond City's permitted noise levels. Additionally, the site will be provided with a new
8-foot tall decorative perimeter CMU block wall that should mitigate residual commercial
noise impacts.
F. Public Safety: The Fire and Sheriff Departments have reviewed the proposed plans for the
mixed use project. The proposed project will not impede or interfere with the City's
emergency or evacuation plans. The site is not located in any special study zones. The entire
City of Rosemead is free from any flood hazard designations.
G. CEOA 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
Ordinance No. 861
General Plan Amendment 07-06
Zone Change 05-222
Planned Development Review 06-04
Tentative Tract Map 069079
Conditional Use Permit 06-1064
Page 5 of 6
minimize identified significant impacts to a level of less than significant. Hence, the City
Council hereby adopts Mitigated Negative Declaration and Mitigation Monitoring Program
for this project.
Section 4. The City Council HEREBY APPROVES General Plan Amendment 07-06, Zone
Change 05-222, Planned Development Review 06-04, Tentative Tract Map 069079, and Conditional
Use Permit 06-1064 for development of a mixed-use project located at 3862 Rosemead Boulevard
• and 9016 Guess Street.
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. 861 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 11th day of December, 2007.
•
ATTEST:-
Gloria Molleda, Acting City Clerk
Ordinance No. 861
General Plan Amendment 07-06
Zone Change 05-222
Planned Development Review 06-04
Tentative Tract Map 069079
Conditional Use Permit 06-1064
Page 6 of 6
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROSEMEAD )
• I Gloria Molleda, Acting City Clerk of the City of Rosemead, do hereby certify that the
foregoing Ordinance No. 861 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD APPROVING ZONE CHANGE 05-222, AMENDING A
PORTION OF THE ROSEMEAD ZONING MAP FROM R-3
(MEDIUM MULTIPLE RESIDENTIAL) TO P-D (PLANNED
DEVELOPMENT), GENERAL PLAN AMENDMENT 07-06,
AMENDING A PORTION OF THE GENERAL PLAN ALLOWING
THE DEVELOPER TO EXCEED THE CURRENTLY ALLOWABLE
RESIDENTIAL DENSITY OF 14 UNITS PER ACRE IN A MIXED
USE DESIGNATION, TENTATIVE TRACT MAP 069079 FOR A
CONDOMINIUM SUBDIVISION, AND CONDITIONAL USE
PERMIT 06-1064 FOR DEVELOPMENT OF A MIXED-USE
• PROJECT CONSISTING OF 32 ATTACHED RESIDENTIAL
CONDOMINIUM UNITS AND 10,845 SQUARE FEET OF RETAIL,
OFFICE AND RESTAURANT SPACE ON A PROPERTY LOCATED
AT 3862 ROSEMEAD BOULEVARD AND 9016 GUESS STREET
COMMONLY KNOWN AS (APNs: 8594-009-001,002).
Ordinance 861 was duly introduced and placed upon first reading at a regular meeting of the City
Council on the 11th day of December, 2007, and that thereafter, said Ordinance was duly adopted
and passed, by the following vote, to wit:
AYES: LOW, NUNEZ, TRAN
NOES: CLARK, TAYLOR
ABSTAIN:
ABSENT:
Gloria Molleda, Acting City Clerk