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Ordinance No. 860 - Zone Change 07-225Ordinance No. 860 General Plan Amendment 07-02 Zone Change 07-225 Planned Development Review 07-01 Tentative Tract Map 70044 Conditional Use Permit 07-1090 Pagel of7 ORDINANCE NO. 860 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING ZONE CHANGE 07-225, AMENDING A PORTION OF THE ROSEMEAD ZONING MAP FROM C-3 (MEDIUM COMMERCIAL) TO PD . (PLANNED DEVELOPMENT), GENERAL PLAN AMENDMENT 07-02, AMENDING A PORTION OF THE GENERAL PLAN FROM COMMERCIAL TO MIXED USE RESIDENTIAL/COMMERCIAL AND ALLOWING THE DEVELOPER TO EXCEED THE CURRENTLY ALLOWABLE RESIDENTIAL DENSITY OF 14 UNITS PER ACRE IN A MIXED USE DESIGNATION, TENTATIVE TRACT MAP 770044 FOR A CONDOMINIUM SUBDIVISION, AND CONDITIONAL USE PERMIT 07- 1090 FOR DEVELOPMENT OF A MIXED-USE PROJECT CONSISTING OF 127 ATTACHED RESIDENTIAL CONDOMINIUM UNITS AND 59,180 SQUARE FEET OF RETAIL, OFFICE AND RESTAURANT SPACE ON A PROPERTY LOCATED AT 7419-7459 GARVEY AVENUE COMMONLY KNOWN AS (APNs: 5286-020-001,002,003,004,017,018 and a portion of 023). • WHEREAS, Patrick Yang filed applications with the City of Rosemead requesting a Zone Change from C-3 (Medium Commercial) and P (Automobile Parking) 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 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 7419-7459 Garvey Avenue (APN: 5286-020- 001,002,003,004,017,018 & a portion of 023); 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 07-225 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. 860 General Plan Amendment 07-02 Zone Change 07-225 Planned Development Review 07-01 Tentative Tract Map 70044 Conditional Use Permit 07-1090 Page 2 of 7 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, 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 07-02, Zone Change 07-225, Planned Development Review 07-01, Tentative Tract Map 70044, and Conditional Use Permit 07-1090 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 07-02, Zone Change 07-225, Planned Development Review 07-01, Tentative Tract Map 70044, and Conditional Use Permit 07-1090; and WHEREAS, on November 5, 2007 the Planning Commission adopted Resolution 07-52, thereby recommending approval to the City Council of General Plan Amendment 07-02, Zone Change 07-225, Planned Development Review 07-01, Tentative Tract Map 70044, and Conditional Use Permit 07-1090; and WHEREAS, on December 11, 2007 the City Council held a public hearing to receive public testimony relative to General Plan Amendment 07-02, Zone Change 07-225, Planned Development Review 07-01, Tentative Tract Map 70044, and Conditional Use Permit 07-1090; and Ordinance No. 860 General Plan Amendment 07-02 Zone Change 07-225 Planned Development Review 07-01 Tentative Tract Map 70044 Conditional Use Permit 07-1090 Page 3 of7 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 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 existing neighborhood where the development is proposed. Section 3. The City Council FURTHER FINDS that General Plan Amendment 07-02 and Zone Change 07-225 meet the City's goals and objectives as follows: A. Land Use: The proposed mixed use project consists of a Zone Change from C-3 (Medium Commercial) and P (Automobile Parking) 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 Ordinance No. 860 General Plan Amendment 07-02 Zone Change 07-225 Planned Development Review 07-01 Tentative Tract Map 70044 Conditional Use Permit 07-1090 Page 4 of 7 a condominium 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 shall be located on Garvey Avenue. Primary access to the proposed mixed use project will be via Garvey Avenue. 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 is pedestrian friendly and will not impede free flow of vehicular traffic on site or on adjacent roadways. C. Housing: In addition to increasing homeownership opportunities, the applicant will be providing at least 12 units for sale to persons and families of low 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 and affordable to all socio-economic segments • of the community. D. Resource Mana eg ment: 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 improved with a new 8-foot tall decorative CMU block wall that should mitigate residual commercial noise impacts to adjacent mobile home park and residential uses. 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 Ordinance No. 860 General Plan Amendment 07-02 Zone Change 07-225 Planned Development Review 07-01 Tentative Tract Map 70044 Conditional Use Permit 07-1090 Page 5 of 7 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 Mitigated Negative Declaration and Mitigation Monitoring Program for this mixed use project. Section 4. The City Council HEREBY APPROVES General Plan Amendment 07-02, Zone • Change 07-225, Planned Development Review 07-01, Tentative Tract Map 70044, and Conditional Use Permit 07-1090 for development of a mixed-use project located at 7419-7459 Garvey Avenue. 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. 860 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 1 Ith day of December, 2007. • TRAN, Mayor ATT ST: g I~,IQI N~c~~(aQl GLORIA MOLLEDA, Acting City Clerk Ordinance No. 860 General Plan Amendment 07-02 Zone Change 07-225 Planned Development Review 07-01 Tentative Tract Map 70044 Conditional Use Permit 07-1090 Page 6 of 7 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. 860 being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING ZONE CHANGE 07-225, AMENDING A PORTION OF THE ROSEMEAD ZONING MAP FROM C-3 (MEDIUM COMMERCIAL) AND P (AUTOMOBILE PARKING) TO P-D (PLANNED DEVELOPMENT), GENERAL PLAN AMENDMENT 07-02, AMENDING A PORTION OF THE GENERAL PLAN FROM COMMERCIAL TO MIXED USE RESIDENTAIL/COMMERCIAL AND ALLOWING THE DEVELOPER TO EXCEED THE CURRENTLY ALLOWABLE RESIDENTIAL DENSITY OF 14 UNITS PER ACRE IN A MIXED USE DESIGNATION, TENTATIVE TRACT MAP 70044 FOR A CONDOMINIUM SUBDIVISION, AND • CONDITIONAL USE PERMIT 07-1090 FOR DEVELOPMENT OF A MIXED-USE PROJECT CONSISTING OF 127 ATTACHED RESIDENTIAL CONDOMINIUM UNITS AND 59,180 SQUARE FEET OF RETAIL, OFFICE AND RESTAURANT SPACE ON A PROPERTY LOCATED AT 7419-7459 GARVEY AVENUE COMMONLY KNOWN AS (APNs: 5286-020-001, 002, 003, 004, 017, 018 and portion of 023). Ordinance 860 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: 0 Ordinance No. 860 General Plan Amendment 07-02 Zone Change 07-225 Planned Development Review 07-01 Tentative Tract Map 70044 Conditional Use Permit 07-1090 Page 7 of 7 l6t tc~ a\ Qj GLORIA MOLLEDA, Acting City Clerk