Ordinance No. 857 - Zone Change 07-227Ordinance No. 857
General Plan Amendment 07-04
Zone Change 07-227
Design Review 07-146
Conditional Use Permit 07-1101
Page I of6
ORDINANCE NO. 857
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING ZONE CHANGE 07-227, AMENDING A PORTION OF THE
ROSEMEAD ZONING MAP FROM R-1 "SINGLE FAMILY RESIDENTIAL"
TO "C-31)" MEDIUM COMMERCIAL WITH DESIGN OVERLAY", AND
GENERAL PLAN AMENDMENT 07-04 AMENDING A PORTION OF THE
CITY OF ROSEMEAD GENERAL PLAN MAP FROM LOW DENSITY
. RESIDENTIAL TO COMMERCIAL FOR THE DEVELOPMENT OF A
MINI-MALL CONSISTING OF 6,226 SQUARE FEET OF OFFICE AND
RETAIL SPACE. THE SUBJECT PROPERTY IS LOCATED AT 9800-9804
VALLEY BLVD AND IS COMMONLY KNOWN AS (APNs: 8578-001-003,
037 & 038)
WHEREAS, on May 30, 2007, Leo Wu of 67 E. Live Oak 4201 Arcadia CA, 91006 filed an
application requesting a Zone Change from Single Family Residential to Medium Commercial with
Design Overly and a General Plan Amendment application from Low Density Residential to
Commercial on a property located at 9800-9804 Valley Blvd (APN 8578-001-003); 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 07-227 would designate the subject property as
is C-313 "Medium Commercial with Design Overlay" allowing commercial types of
development on the subject property such as retail and office uses; and
WHEREAS, State Planning and Zoning Law, Title 17 and Chapter 17.116 of the Rosemead
Municipal Code authorize and set standards for approval of zone change applications and governs
development of private properties; and
WHEREAS, Sections 17.116.010 of the City of Rosemead Municipal Code authorize 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's
governing body such as the City Council to approve General Plan Amendment applications through
public hearings and any other means the City deems appropriate; and
Ordinance No. 857
General Plan Amendment 07-04
Zone Change 07-227
Design Review 07-146
Conditional Use Permit 07-1101
Page 2 of 6
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 September 17, 2007, the City of Rosemead Planning Commission
considered General Plan Amendment 07-04, Zone Change 07-227, Design Review 07-146 and
Conditional Use Permit 07-1101 for the proposed 6,226 square-foot mini mall and recommended
approval to the City Council after the commission made findings that the proposed General Plan
Amendment and Zone Changes are exempt from CEQA and no potential significant environmental
• impacts are anticipated from this project; and
WHEREAS, on September 6, 2007, 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 September 17, 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
07-04, Zone Change 07-227, Design Review 07-146 and Conditional Use Permit 07-1101; and
WHEREAS, on October 15, 2007 the Planning Commission adopted Planning Commission
Resolution 07-48, thereby recommending approval to the City Council of General Plan Amendment
• 07-04, Zone Change 07-227, and Conditional Use Permit 07-1101 and Design Review 07-146; and
WHEREAS, on November 20, 2007 the City Council of the City of Rosemead held a public
hearing to receive public testimony relative to General Plan Amendment 07-04, Zone Change 07-
227, Conditional Use Permit 07-1101 and Design Review 07-146; 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 potential significant
environmental impacts. This conclusion is based upon the Lead Agency's determination that this
project is categorically exempt from environmental review pursuant to Section 15303(c) of the
California Environmental Quality Act and comments received during the public review period.
Therefore, a Notice of Exemption has been prepared according to CEQA guidelines.
Ordinance No. 857
General Plan Amendment 07-04
Zone Change 07-227
Design Review 07-146
Conditional Use Permit 07-1101
Page 3 of 6
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 approves the Notice of Exemption.
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
any presumption of adverse impact has been adequately rebutted. Therefore, pursuant to Fish and
Game Code Section 711.2 and Title X1V, 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 "Commercial" General Plan designation
and C-313 "Medium Commercial with Design Overlay" zone will provide an improved level of
planning and protection to the quality and character of the area where the development is proposed.
Section 3. The City Council FURTHER FINDS that General Plan Amendment 07-04 and
Zone Change 07-227 meet the City's goals and objectives as follows:,
A. Land Use: General Plan Amendment 07-04 and Zone Change 07-227consist of amending the
• General Plan land use designation for a property known as APN 8578-001-003 from "Low
Density Residential' to "Commercial"and change the existing zone from R-1 (Single Family
Residential) zone to C-31) (Medium Commercial with Design Overlay) zone. This
amendment will allow the proposed commercial development to be agglomerated in one
consistent General Plan designation and within one consistent zone. Agglomeration of the
proposed commercial use in one zone at the strategic intersection of Valley Blvd and Strang
Avenue is consistent with General Plan Policy 2.1 that encourages, through zoning and less
restrictive land use controls, agglomeration of commercial activities in small commercial
centers located at strategic intersections.
B. Circulation: This development is located on Valley Boulevard and Strang Avenue. Primary
access to the proposed retail/office facility will be via Strang Avenue. No new driveway is
proposed off of Valley Boulevard. Without the addition of new driveways on Valley Blvd,
free flow of vehicular traffic will be maintained along Valley Blvd.
C. Housin : Although a portion of the subject site is currently zoned R-1 "Single Family
Residential", the proposed zone change and General Plan Amendment will not deplete
Ordinance No. 857
General Plan Amendment 07-04
Zone Change 07-227
Design Review 07-146
Conditional Use Permit 07-1101
Page 4 of 6
substantial available land for residential housing. The proposed General Plan Amendment
and Zone Change will affect the southerly parcel which cannot feasibly be developed with
residential uses because of its irregular shape, and does not meet current minimum R-1
development standards. Existing housing on the lot is surrounded by commercial uses and is
dilapidated. Therefore, the zone change and general plan amendment will not remove
potential land for single family residential development from the area.
D. Resource Management: The proposed mini-mall development will provide high quality
• landscaping on-site and will not affect any natural resources in the area.
E. Noise: This development will not generate any significant noise levels for the surrounding
area. The site will be razed and a new 6-foot tall decorative CMU block wall will be
constructed along the south property line to protect the residential uses on the south side of
the subject property from residual commercial noise impacts and vehicular noise impacts.
F. Public Safety: The Fire and Sheriff Departments have reviewed the proposed plans. The site
is not located in any special study zones. The entire City of Rosemead is free from any flood
hazard designations.
G. CEQA Compliance: The City as a "Lead Agency"has determined that this project is exempt
from the California Environmental Quality Act (CEQA) Section 15303(c), and a Notice of
Exemption has been prepared pursuant to CEQA guidelines.
• Section 4. The City Council HEREBY APPROVES General Plan Amendment 07-04,
amending a portion of Rosemead General Plan Land Use Map from "Low Density Residential" to
"Commercial". Zone Change 07-227 changing a portion of Rosemead Zoning Map from R-1;
"Single Family Residential" to C-31); "Medium Commercial with Design Overlay", Design Review
07-146 approving architectural design of the project, and Conditional Use Permit 07-1101 for
development of a mini-mall totaling 6,226 square feet of retail/office space to be located at 9800-
9804 Valley Blvd.
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. 857, and each and all
provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to
be invalid.
Ordinance No. 857
General Plan Amendment 07-04
Zone Change 07-227
Design Review 07-146
Conditional Use Permit 07-1101
Page 5 of 6
Section 6. The City Clerk shall certify to the passage of this Ordinance.
PASSED AND APPROVED, this 20th day of November, 2007. ATTEST.-Gloria Molleda, Acting City Clerk
I~
TRAN, Mayor
Ordinance No. 857
General Plan Amendment 07-04
Zone Change 07-227
Design Review 07-146
Conditional Use Permit 07-1101
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. 857 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD APPROVING GENERAL PLAN AMENDMENT 07-04
S AMENDING A PORTION OF ROSEMEAD GENERAL PLAN LAND
USE MAP FROM "LOW DENSITY RESIDENTIAL" TO
"COMMERCIAL" AND AMENDING A PORTION OF ROSEMEAD
ZONING MAP FROM R-I"SINGLE FAMILY RESIDENTIAL" TO C-
31); "MEDIUM COMMERCIAL WITH DESIGN OVERLAY",
DESIGN REVIEW 07-146, AND CONDITIONAL USE PERMIT 07-
1101 FOR THE DEVELOPMENT OF A MINI-MALL LOCATED AT
9800-9804 VALLEY BLVD.
Ordinance 857 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
Gloria Molleda,,Acting City-Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, Acting City Clerk of the City of Rosemead, do hereby certify
that the Ordinance No. 857 was duly and regularly approved and adopted by the
Rosemead City Council on the December 11, 2007, by the following vote to wit:
Yes: CLARK, LOW, NUNEZ, TAYLOR, TRAN
No: NONE
Absent: NONE
Abstain: NONE
4 ~ I ` I AL A
,C TSria Molleda
Acting City Clerk
0