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CC - Item 2D - Ordinance 867 2nd Reading• E M f 5 ~ O ~` 4 ~ ~~ ~ - - . /~cORPORATED 1959 • ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND-CITY COUNCIL FROM: OLIVER C. CHI, CITY MANAGER ~~ DATE: NOVEMBER 18, 2008 SUBJECT: ORDINANCE 867 -SECOND READING: ZONE CHANGE 05-223 SOUTHERN CALIFORNIA EDISON RIGHT-OF-WAY ON THE SOUTH SIDE OF MARSHALL STREET BETWEEN EARLE AVENUE AND ROCKHOLD AVENUE (APN: 5371-013-801) SUMMARY On October 28, 2008, the City Council reviewed the proposed Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program at the first required public hearing, which resulted in a motion for approval: The project is now before Council at the required second reading. Staff Recommendation Staff requests that City Council ADOPT Ordinance No. 867, thereby APPROVING Zone Change 05-223. PUBLIC NOTICE PROCESS This .item has been noticed through the regular agenda notification process. Prepared by: /6u~ ~/~~UP~~ GLORIA MOLLEDA CITY CLERK Attachment A -City Council Staff Report dated October 28, 2008 Attachment B -Ordinance No. 867 ~~~~ ~®o APPROVED FOR CITY COUNCIL AGENDA: ~. ITEM NUMBER: ~°~ • • ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL ~~.: FROM: OLIVER CHI, CITY MANAGER DATE: OCTOBER 28, 2008 SUBJECT: ZONE CHANGE 05-223 SOUTHERN CALIFORNIA EDISON RIGHT-OF-WAY ON THE SOUTH SIDE OF MARSHALL STREET BETWEEN EARLS AVENUE AND ROCKHOLD• AVENUE (APN: 5371-013-801) SUMMARY First Evangelical Church of San Gabriel Valley is proposing a satellite parking lot on an existing Southern California Edison (SCE) right-of-way, located on the south side of Marshall Street between Earle Avenue and Rockhold Avenue. The parking lot will provide 148 off-street parking spaces for members and guests; which will eliminate the need to park on public streets adjacent to and in the immediate vicinity of the Church. First Evangelical Church of San Gabriel Valley is located at 3658 Walnut Grove Avenue, approximately two blocks east from the project site. Since the project area is located in the A-1 (Light Agricultural) zone, a zone change application is required to change the northern 2.56 acres of the 4.01 acre site to P (Automobile Parking). Staff Recommendation Staff recommends that the City Council adopt the attached Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program, as recommended by the Planning Commission on October 6, 2008, and ADOPT Ordinance No. 867, thereby APPROVING Zone Change 05-223. ANALYSIS The Zone Change application is a request to change the current zoning designation of the northern 2.56 acres of a 4.01 acre site from A-1 (Light Agricultural) to P (Automobile Parking) for the. development of a surface parking lot. The P zone is designed to support open air, temporary parking of transient automobiles. The proposed use 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. The parking lot would provide 148 additional parking spaces, including 145 standard spaces and three (3) handicapped accessible spaces. The Church intends to maintain the existing nursery tenant within the remaining southern 1.45 acres of .the SCE site. APPROVED FOR CITY COUNCIL AGENDA: ~ • • City Council Meeting ' October 28, 2008 Page 2 of 2 First Evangelical Church of San Gabriel Valley would. operate the .parking lot on 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. and 10:00, p.m. The Church would provide shuttle services between the parking lot and the Church to reduce pedestrian traffic. When the parking lot is not in use, the vans would be stored at the Church. In order to provide nighttime safety and security lighting, 17 light standards are proposed throughout the parking area. The lights would be shielded and directed downward to minimize the amount of light that extends off-site. In order to improve the overall aesthetics of the site, the applicant proposes to landscape approximately 10,362 square feet of the parking lot. A 15'-0" landscaped setback is proposed along Marshall Street and a 10'-0" landscaped setback is proposed along the east and west property lines of the parking lot. New fencing and block walls are also proposed throughout the site. On October 6, 2008,.the City of Rosemead Planning Commission conducted a duly noticed public hearing. At this public hearing, the Commissioners received comments in opposition to the project from residents who reside adjacent to the project site. Several comment letters were also received during the initial public review period, which have been included in Attachment C. Upon hearing all testimonies from the applicant and the public, the Commission recommended approval of this project to the City Council with additional project mitigation measures. The Planning Commission also made findings of environmental adequacy and recommended that the City Council adopt the proposed Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program. Prepared by: Sheri Bermejo Senior Planner Sub e y: _ Br' S ki Assistant City Manager Attachment A: Ordinance 867 Attachment B: Planning Commission Staff Report, dated October 6, 2008 Attachment C: Memo to Planning Commission, dated October 2, 2008 Attachment D: Planning Commission Resolution 08-26 Attachment E: Mitigated Negative Declaration Attachment F: Mitigated Monitoring and Reporting Program Attachment G: Findings Attachment H: Planning Commission Minutes, dated October 6, 2008 Attachment I: .Architectural Plans • • ORDINANCE 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 Noticeti 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. Housin :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. JOHN TRAN, Mayor ATTEST: GLORIA MOLLEDA, City Clerk CITY ATTORNEY ~®1H1f~C-0 ~©D;dfiY'1D2~'Cfl~ • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROSEMEAD I Gloria Molleda, 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-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. Ordinance 867 was duly introduced and placed upon first reading at a regular meeting of the City Council on the 28th day of October, 2008, and that thereafter, said Ordinance was duly adopted and passed, by the following vote, to wit: i AYES: NOES: ABSTAIN: ABSENT: GLORIA MOLLEDA, City Clerk