CDC - 2005-21 - Certification of a Complete EIR ReportROSEMEAD COMMUNITY DEVELOPMENT COMMISSION
RESOLUTION NO. 2005-21
A RESOLUTION OF THE ROSEMEAD COMMUNITY
DEVELOPMENT COMMISSION ACCEPTING THE CITY
OF ROSEMEAD'S CERTIFICATION OF A COMPLETE
FINAL ENVIRONMENTAL IMPACT REPORT AND JOINING
IN THE CITY OF ROSEMEAD'S AMENDMENT TO THE
RESOLUTION REGARDING CEQA FINDINGS AND A
STATEMENT OF OVERRIDING CONSIDERATIONS FOR A
DEVELOPMENT WITHIN PROJECT AREA NO. 1. (1827
WALNUT GROVE AVENUE)
THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION RESOLVES AS
FOLLOWS:
SECTION 1. Background.
A. Development Resource Consultants filed applications for development of a 22.5
acre site bounded by Delta Street to the west Rush Street to the north, Walnut Grove
Avenue to the east, and the Panda Restaurant Group corporate building which is
located immediately south of and adjacent to the southern border of the project site.
Development Resources Consultant sought approval of a 253,267 square foot
retail/commercial center which would include a 230,367 square foot general
merchandise/grocery sales store (Wal-Mart), a gas station with eight fueling pumps, and
approximately another 22,000 square feet of restaurant and retail uses (the "Proposed
Project"). The Proposed Project is within the boundaries of Redevelopment Project Area
No. 1.
B. The Proposed Project required approval by the Planning Commission of a
tentative parcel map to divide the parcel into 6 lots and conditional use permits to
establish a gas station, allow the sale of alcoholic beverages, and establish a "mini-mall"
as defined by Chapter 17.04 of the Rosemead Municipal Code. The Project also
required approval by the City Council of a General Plan amendment to the Land Use
Element, changing the designation of the site from "Office/Light Industrial" to
"Commercial" and making corresponding textual changes. The Developer also
requested approval of a 10 year Development Agreement between the City of
Rosemead and Wal-Mart Real Estate Business Trust which would have given Wal-Mart
a vested right to develop and construct the project in accordance with the entitlements
received from the City pursuant to its discretionary approvals as well as all existing land
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use regulations and development standards in, existence at the time the Development
Agreement is approved..
C. The City of Rosemead conducted an extensive environmental review for the
Proposed Project which included an Environmental Impact Report ("EIR") prepared by
the independent consulting firm of Applied Planning, Inc., with technical reports
concerning traffic and circulation impacts; air quality, noise, and geotechnical effects;
and an economic/market impact analysis, as well as a review of the Proposed Project
site's previous environmental documentation. The following is a summary of the City's
environmental review:
• A Scoping Meeting was held on November 19, 2003, to solicit input from the
public on the content of the Draft Environmental Impact Report ("DEIR"). This
meeting was held at the Doubletree Hotel in Rosemead, and was attended by
approximately 300 people.
• A Notice of Preparation (NOP) and Initial Study identifying the scope of
environmental issues were distributed to numerous state, federal, and local
agencies and organizations on December 12, 2003. A total of 12 comment
letters were received from state, regional and local agencies and an
additional 29 letters were received from individuals. Copies of those comment
letters, along with copies of numerous signatures on "Petition Protesting Wal-
Mart" forms, are included in Appendix A of the DEIR (under separate cover).
Relevant comments. received in response to the NOP/Initial Study were
incorporated into the DEIR.
• The DEIR was distributed for public review on May 17, 2004, for a 45-day
review period with the comment period expiring on July 2, 2004; the Final
Environmental Impact Report ("FEIR") includes response to comments
received through July 20, 2004, well past the public review period.
• A Notice of Completion (NOC) was sent with the DEIR to the State
Clearinghouse on May 17, 2004. A Notice of Availability of the DEIR for public
review was mailed to interested parties on May 13, 2004. The Notice of
Availability was transmitted-to the Los Angeles County Clerk's office for
posting on May 17, 2004 and published in the San Gabriel Valley Tribune on
May 12, 2004.
• Comment letters on the DEIR were received at the close of the public
comment period. The letters and responses to these comments are included
in the FEIR.
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Responses to comments were distributed in accordance with CEQA ten (10)
days prior to the August 16, 2004 Planning Commission hearing.
• The Planning Commission held a duly noticed and advertised public hearing
on August 16, 2004 to consider the FEIR, the parcel map and conditional use
permits -and recommendation on the General Plan Amendment and
Development Agreement to the City Council along with the staff
recommendations on these items, at which time oral and written testimony
was considered. Notice of this Planning Commission hearing was provided
through publication on August 2, 2004.
D. At the close of the public hearing on August 16, 2004, the Planning Commission
took the following actions:
1. Adoption of Resolution No. 04-22, certifying the Environmental Impact
Report for Tentative Parcel Map 26827 and Conditional Use Permits
02-882 (mini-mall), 02-883 (gasoline station) and 03-939 (alcohol
sales) and recommending that the City Council certify the EIR for the
Development Agreement and General Plan Amendment; and
2. Adoption of Resolution No 04-23, approving tentative parcel map
26827 for the Project Design Alternative for a four lot division and
conditional use permits 02-882 (mini-mall), 03-939 (alcohol sales),
denying conditional use permit 02-883 (gasoline station), adopting and
approving findings, mitigation measures, a statement of overriding
considerations and a mitigation monitoring program for the approved
actions and recommending that the City Council approve the General
Plan Amendment and Development Agreement subject to the same
environmental findings.
E. On August 17, 2004, -Mayor Pro Tern Imperial filed an appeal of the Planning
Commission's actions in order that the City Council could decide all matters pertaining
to the applications so that there would be uniformity of approvals, disapprovals and/or
conditions.
F. , On August 24, 2004, the City Council continued its regular meeting to September
7, 2004 in order to hear testimony on this matter.
G. On August 25, 2004, a public hearing notice was published in the San, Gabriel
Valley Tribune.
H. On September 7, 2004 the City Council held a duly noticed public hearing on the
Proposed Project at which time it considered all evidence presented, both oral and
written. At the close of the public hearing the City Council took the following actions:
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1. Adoption of Resolution No. 2004-36, certifying the EIR for the Proposed
Project;
2. Adoption of Resolution No. 2004-37 approving the General Plan
Amendment changing the designation of the Property from Office/Light
Industrial to Commercial and making corresponding text changes;
3. Adoption of Resolution No. 2004-38 upholding the decision of the
Planning Commission relative to Parcel Map 26827 and Conditional Use
Permits 02-882, 03-939 and 02-883; .
4. Adoption of Resolution No. 2004-39 adopting and approving findings,
mitigation measures, a statement of overriding considerations, and a
mitigation monitoring program for General Plan Amendment 03-02 and
Development Agreement 04-01 and denying the appeal relating to these
same CEQA actions for conditional use permits 02-882 for a mini-mall on
parcel 2 and 03-939 for alcohol sales at the major tenant on parcel 1.
5. -Introduction of Ordinance 836 approving a Development Agreement for
the Project Design Alternative, which was adopted on September 13, 2004
and subsequently rescinded on December 14, 2004 as a consequence of
a referendum petition.
1. The Rosemead Community Development Commission joined in the certification
of the Final EIR and the approval of the Approved Project pursuant to Resolution No.
2004-16.
J. On or about October 7, 2004, Save Our Community ("SOC") filed a petition for a
writ of mandate and complaint for declaratory relief with the Superior Court for the
County of Los Angeles based, in part, on the following alleged violations of CEQA:
1. Failure to provide adequate identification and analysis of significant
impacts related to: inconsistencies between the Project, the General Plan,
and zoning; traffic and circulation; air quality; water quality; seismic
activity; noise; light and glare; blight; growth-inducing impacts; cumulative
impacts; and failure to adequately- analyze a twenty-four (24) hour
operation;
2. Failure to provide adequate identification and analysis of a reasonable
range of alternatives;
3. Failure to make findings regarding the project's significant impacts; and
'4. Failure to adequately respond to public comment.
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K. After reviewing the pleadings submitted by the parties, and after conducting a
trial on the petition and complaint filed by SOC, Judge Yaffe of the Superior Court
issued a minute order on.April 6, 2005, as modified by the minute order of June 30,
2005, finding that the only deficiencies of the EIR related to a meaningful discussion of
alternative sites and an analysis of a 24-hour operation; all other challenges to the EIR
were found to be without merit.
L. In accordance with the minute orders, on August 18, 2005, Judge Yaffe issued a
writ of mandate that directed the City to void its certification of the EIR for the Project
and certify anew EIR that adequately addressed alternative sites for the Project and
dealt with the hours of operation. The land use approvals were not voided.
M. In response to the writ of mandate, the City prepared and circulated a revision to
the EIR on the alternative site analysis. The issue of the 24-hour operation was mooted
by the applicant's decision to limit the hours of operation and provide a covenant to the
City for recordation to this effect. The public review period ran from September 26,
2005 through November 10, 2005; late comments were responded to.
N. On December 13, 2005, the City Council, held a duly noticed public hearing on
the Revised EIR for the Project at which time it considered all evidence presented, both
oral and written. '
0. Prior to approving this Resolution, the City Council adopted Resolution Number
2005-43 decertifying the original Final EIR and certifying the Revised Complete Final
EIR for the Proposed Project and Resolution No. 2005-44 amending Resolution No.
2004-39 relating to CEQA findings. The approvals for the Project Design Alternative
embodied in Resolution No. 2004-37 approving the General Plan Amendment to the
land use designation and corresponding text and Resolution No. 2004-38 denying the
appeal and upholding the decision of the Planning Commission approving tentative
parcel map 26827 for a four lot division for the Project Design Alternative, approving
conditional use permits for the mini-mall on Parcel 2 and alcohol sales at the major
tenant, and denying the conditional use permit for a gasoline station remain valid as the
writ of mandate specifically provided that the approvals remained valid unless the
Project was not approved or an alternate site was selected.
SECTION 2. The Community Development Commission finds, determines and
declares:
A. The Commission accepts the Complete Final EIR for the Project Design
Alternative;
B. The Commission joins in the findings and determinations made by the City
Council in Resolution No. 2005-44 amending Resolution No. 2004-39 and said
amendments to Resolution No. 2004-39 are incorporated by reference as if fully set
forth herein.
SECTION 3. The Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this ~~day of December, 2005.
ATTEST:
Nina Castruita, Commission Secretary
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROSEMEAD
SS.
C
I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Resolution No. 2005-21 being:
A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT
COMMISSION ACCEPTING THE CITY OF ROSEMEAD'S
CERTIFICATION OF A COMPLETE FINAL ENVIRONMENTAL IMPACT
REPORT AND JOINING IN THE CITY OF ROSEMEAD'S AMENDMENT
TO THE RESOLUTION REGARDING CEQA FINDINGS AND A
STATEMENT OF OVERRIDING CONSIDERATIONS FOR A
DEVELOPMENT WITHIN PROJECT AREA NO. 1 (1827 WALNUT GROVE
AVENUE)
was duly and regularly approved and adopted by the Rosemead Community
Development Commission on the 22nd of November 2005, by the following vote
to wit:
YES: CLARK, IMPERIAL, TAYLOR
NO: NUNEZ, TRAN
ABSENT: NONE
ABSTAIN: NONE
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Nina Castruita
Secretary