Ordinance No. 858 - Zone Change 05-221Ordinance No. 858
General Plan Amendment 05-01
Zone Change 05-22 /
Planned Development Review 05-02
Tentative Tract Map 061336
Conditional Use Permit 04-960
Zone Variance 04-325
Page I of6
ORDINANCE NO. 858
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING ZONE CHANGE 05-221, AMENDING A PORTION OF THE
ROSEMEAD ZONING MAP FROM C-31) AND C-3 (MEDIUM COMERCIAL
WITH DESIGN OVERLAY AND MEDIUM COMMERCIAL) TO P-D
(PLANNED DEVELOPMENT) AND GENERAL PLAN AMENDMENT 05-01
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. ORDINANCE 858 IS ALSO FOR CITY COUNCIL
APPROVAL OF TENTATIVE TRACT MAP 061336 FOR A
CONDOMINIUM SUBDIVISION, ZONE VARIANCE 04-325 TO ALLOW A
DEVIATION FROM THE VARIABLE HEIGHT REQUIREMENT,
PLANNED DEVELOPMENT REVIEW 05-02 AND CONDITIONAL USE
PERMIT 04-960 FOR DEVELOPMENT OF A MIXED-USE PROJECT
CONSISTING OF 36 ATTACHED RESIDENTIAL UNITS AND 11,505
SQUARE FEET OF RETAIL, OFFICE AND RESTAURANT SPACE ON A
PROPERTY LOCATED AT 3212-3232 DEL MAR AVENUE COMMONLY
KNOWN AS (APNs: 5287-020-033,034,036 & 038)
• WHEREAS, Jenny Yam of 421 N. Pine Street San Gabriel, CA, 91775 filed an application
to the City of Rosemead requesting a Zone Change from C-313 and C-3 "Medium Commercial with
Design Overly and Medium Commercial" to PD "Planned Development zone' together with a
General Plan Amendment application requesting to exceed the currently allowable residential
density of 14 units per acre in the General Plan Mixed-Use designation, a Variance application
requesting to deviate from the variable height requirement, Planned Development Review and
Conditional Use Permit application to develop a mixed-use project on a property located at 3212-
3232 Del Mar Avenue (APN: 5287-020-033-034-036 & 038); 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 05-221 would designate the subject property as
P-D "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 and Title 17, Chapter 17.116 of the Rosemead
Ordinance No. 858
General Plan Amendment 05-01
Zone Change 05-221
Planned Development Review 05-02
Tentative Tract Map 061336
Conditional Use Permit 04-960
Zone Variance 04-325
Page 2 of 6
Municipal Code authorize and set 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, 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 October 15, 2007, the City of Rosemead Planning Commission considered
General Plan Amendment 05-01, Zone Change 05-221, Planned Development Review 05-02,
Tentative Tract Map 061336, Zone Variance 04-325 and Conditional Use Permit 04-960 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 October 15, 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 05-01, Zone
Change 05-221, Planned Development Review 05-02, Tentative Tract Map 061336, Zone Variance
04-325 and Conditional Use Permit 04-960; and
WHEREAS, on November 5, 2007 the Planning Commission adopted Resolution 07-49.
thereby recommending approval to the City Council of General Plan Amendment 05-01, Zone
Change 05-221, Planned Development Review 05-02, Tentative Tract Map 061336, Zone Variance
04-325 and Conditional Use Permit 04-960 ; and
Ordinance No. 858
General Plan Amendment 05-01
Zone Change 05-121
Planned Development Review 05-02
Tentative Tract Map 061336
Conditional Use Permit 04-960
Zone Variance 04-325
Page 3 of 6
WHEREAS, on November 20, 2007 the City Council held a public hearing to receive public
testimony relative to General Plan Amendment 05-01, Zone Change 05-221, Planned Development
Review 05-02, Tentative Tract Map 061336, Zone Variance 04-325 and Conditional Use Permit 04-
960; 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 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 located at 3212-3232 Del Mar
Avenue.
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.
Ordinance No. 858
General Plan Amendment 05-01
Zone Change 05-111
Planned Development Review 05-02
Tentative Tract Map 061336
Conditional Use Permit 04-960
Zone Variance 04-325
Page 4 of 6
Section 3. The City Council FURTHER FINDS that General Plan Amendment 05-01 and
Zone Change 05-221 meet the City's goals and objectives as follows: .
A. Land Use: The proposed mixed use project consists of a Zone Change from C-31) and C-3
"Medium Commercial with Design Overly and Medium Commercial" to PD "Planned
Development zone". 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 Variance application requesting approval to deviate from the variable
height requirement, a Tentative Tract Map for 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 existing
commercial and multi-family land uses along Del Mar Avenue.
B. Circulation: This development is located on Del Mar Avenue. Primary access to the
proposed mixed use project site will be via Del Mar Avenue and will revitalize the site. 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 does not impede free flow of vehicular traffic on site or on
adjacent roadways.
C. Housing: In addition to increasing homeownership opportunities for City of Rosemead
residents, the applicant will be providing at least 4 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 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 anew
Ordinance No. 858
General Plan Amendment 05-01
Zone Change 05-221
Planned Development Review 05-02
Tentative Tract Map 061336
Conditional Use Permit 04-960
Zone Variance 04-325
Page 5 of 6
6-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
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 Zone Change 05-221, General Plan
Amendment 07-01, Zone Variance 04-325, Planned Development Review 05-02, Tentative Tract
Map 061336, and Conditional Use Permit 04-960 for development of a mixed-use project located at
3212-3232 Del Mar 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. 858 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 20th day of November, 2007.
TRAN, Mayor
ATTE T:
I CAU jai
Gloria Molleda, Acting City Clerk
Ordinance No. 858
General Plan Amendment 05-01
Zone Change 05-221
Planned Development Review 05-02
Tentative Tract Map 061336
Conditional Use Permit 04-960
Zone Variance 04-325
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. 858 being:
AN ORDINACE OF THE CITY COUNCIL OF THE CITY OF
ROSEMAD APPROVING ZONE CHANGE 05-221, AMENDING A
PORTION OF THE ROSEMEAD ZONING MAP FROM C-31) AND
C-3 "MEDIUM COMERCIAL WITH DESIGN OVERLAY AND
MEDIUM COMMERCIAL" TO P-D "PLANNED
DEVELOPMENT"AND GENERAL PLAN AMENDMENT 05-01
ALLOWING THE DEVELOPER TO EXCEED THE CURRENTLY
ALLOWABLE RESIDENTIAL DENSITY OF 14 UNITS PER ACRE
IN A MIXED-USE DESIGNATION, ZONE VARIANCE 04-325 TO
DEVIATE FROM VARIABLE HEIGHT REQUIREMENT,
TENTATIVE TRACT MAP 061336 FOR CONDOMINIUM
SUBDIVISION PURPOSES, PLANNED DEVELOPMENT 05-02 AND
CONDITIONAL USE PERMIT 04-960 FOR DEVELOPMENT OF A
• MIXED USE PROJECT ON A PROPERTY LOCATED AT 3212-3232
DEL MAR AVENUE.
Ordinance 858 was duly introduced and placed upon first reading at a regular meeting of the City
Council on the 20th day of November, 2007, and that thereafter, said Ordinance was duly adopted
and passed, by the following vote, to wit:
AYES: JOHN TRAN, JOHN NUNEZ, MARGARET CLARK, POLLY LOW, GARY
TAYLOR.
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
' Glo'ria Molleda, Acting City Clerk
_1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
1, Gloria Molleda, Acting City Clerk of the City of Rosemead, do hereby certify
that the Ordinance No. 858 was duly and regularly approved and adopted by the
Rosemead City Council on the December 11, 2007, by the following vote to wit:
• Yes: LOW, NUNEZ, TRAN
No: CLARK. TAYLOR
Absent: NONE
Abstain: NONE
Gloria Molleda
Acting City Clerk
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