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CC - 2012-74 - Approving Modification 12-01 Permitting the Modification of Existing Conditional Use Permit 86-305 for Construction of a New 2408 Sqaure Foot Buddhist TempleRESOLUTION 2012 -74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 12 -01 PERMITTING THE MODIFICATION OF EXISTING CONDITIONAL USE PERMIT 86 -305 FOR THE CONSTRUCTION OF A NEW 2,408 SQUARE FOOT BUDDHIST TEMPLE LOCATED AT 2751 DEL MAR AVENUE (APN: 5285 -035 -047). WHEREAS, on January 26, 2011 Frank Nguyen submitted a Modification application requesting to modify existing Conditional Use Permit 86 -350 for 2751 Del Mar Avenue; and WHEREAS, 2751 Del Mar Avenue is designated as Commercial and Medium Density Residential on the Land Use Map in the City's General Plan; and WHEREAS, 2751 Del Mar Avenue is located in the Parking and Light Multiple Residential districts on the City's Zoning Map; and WHEREAS, Section 17.112.020 (2) of the Rosemead Municipal Code (RMC) permits the operation of church or other places used exclusively for religious worship upon the granting of a Conditional Use Permit. Section 17.112.010 sets criteria required for granting such a permit. These criteria require that the proposed use is deemed: A. The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan. B. The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood thereof; and C. The granting of such conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. WHEREAS, on October 29, 2012, an Initial Environmental Study for the proposed General Plan Amendment, Zone Change and Modification was completed, finding that the proposed project could not have a significant effect on the environment and a Mitigated Negative Declaration was prepared, in accordance with the guidelines of the California Environmental Quality Act, and local environmental guidelines; and WHEREAS, on November 19, 2012, the Planning Commission recommended approval of Modification 12 -01 to the City Council; and WHEREAS, on November 29, 2012, thirty -seven (37) notices were mailed to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real properties subject to Modification 12 -01, a notice was published in the Rosemead Reader on November 29, 2012, and notices were posted in six (6) public locations, specifying the availability of the application, plus the date, time and location of the public hearing pursuant to California Government Code Section 65091(a)(3); and WHEREAS, on December 11, 2012, the City Council held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 12 -01: and WHEREAS, the City Council fully studied the proposed Modification to existing Conditional Use Permit 86 -350, Mitigated Negative Declaration, environmental findings, and considered all public comments; and WHEREAS, 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY FINDS, DECLARES, AND RECOMMENDS AS FOLLOWS: SECTION 1. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 12 -01 according to the criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The granting of such Conditional Use Permit will be in harmony with the elements or objectives of the General Plan. FINDING: The existing Temple was found to be in harmony with the elements and objectives of the General Plan. The proposed new Buddhist Temple will continue to be in harmony with objectives and elements of the General Plan. The site is designated in the General Plan as Residential land use and on the zoning map it is designated R -2 (Light Multiple Residential) zone. The proposed use is in conformity with the General Plan in that the R -2 (Light Multiple Residential) zone is a corresponding zoning district with the Medium Density Residential General Plan land use category. B. The establishment, maintenance or conduct of the use for which the Conditional Use Permit is sought will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood thereof. FINDING: The operation of a religious facility at this location was originally approved in 1987. The proposed use will continue to operate within the new building once constructed. The new building will replace the existing single story residence. New landscaping and a new parking lot will enhance the neighborhood aesthetics and improve the site appearance overall. The proposed use will not change and is not expected to be detrimental to the health, safety, peace, morals or comfort or general welfare of the persons residing or working in the neighborhood. C. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental or injurious to the general welfare of the City. FINDING: The operation of a religious facility at this location was originally approved in 1987. The proposed use will continue to operate within the new building once constructed. The new building and proposed improvements to the site will not only improve the general neighborhood but will improve the site appearance overall. The proposed use will not change and is not expected to be detrimental or injurious to the general welfare of the City. SECTION 2 . The City Council HEREBY APPROVES Modification 12 -01, for construction of a new 2,408 square foot Buddhist Temple, located at 2751 Del Mar Avenue, subject to conditions listed in Exhibit "C" attached hereto and incorporated herein by reference. SECTION 3. The Mayor shall sign this resolution and the City Clerk shall attest to the adoption thereof. PASSED, AND ADOPTED, by the City Council of the City of Rosemead, County of Los Angeles of the State of California on December 11, 2012. Sandra Armenta, Mayor City of Rosemead, California ATTEST: Gloria Molleda, City Clerk City of Rosemead, California APPROVED AS TO FORM: Rachel H. Richman, City Attorney Burke, Williams & Sorensen, LLP STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2012 -74 being: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 12 -01 PERMITTING THE MODIFICATION OF EXISTING CONDITIONAL USE PERMIT 86 -305 FOR THE CONSTRUCTION OF A NEW 2,408 SQUARE FOOT BUDDHIST TEMPLE LOCATED AT 2751 DEL MAR AVENUE was duly and regularly approved and adopted by the Rosemead City Council on the 11th of December, 2012, by the following vote to wit: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None oria Molleda City Clerk ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: DECEMBER 11, 2012 SUBJECT: GENERAL PLAN AMENDMENT 11 -02, ZONE CHANGE 11 -02 AND MODIFICATION 12 -01 2751 DEL MAR AVENUE SUMMARY Frank Nguyen and Hieu Ngoc Nguyen submitted applications requesting a General Plan Amendment, a Zone Change and a Modification of an existing Condition Use for the property addressed as 2751 Del Mar Avenue. General Plan Amendment 11 -02 will change the dual land use designations from Commercial and Medium Density Residential to Medium Density Residential. Zone Change 11 -02 will change the dual zoning designations from P (Parking) and R -2 (Light Multiple Residential) zones to R -2 (Light Multiple Residential) zone. Modification 12 -01 will modify existing Condition Use Permit 86 -350 requesting to construct a new 2,408 square foot Buddhist Temple located at 2751 Del Mar Avenue (APN 528 - 035 -047). This item was presented to the Planning Commission for consideration on November 19, 2012. At the conclusion of the hearing, the Planning Commission modified one condition of approval and adopted Planning Commission Resolution No. 12 -21, recommending that the City Council ADOPT Resolution 2012 -74 (Attachment "A ") and Ordinance No. 926 (Attachment "B "). The Conditions of Approval, Planning Commission Staff Report, and PC Resolution No. 12 -21 are attached as Attachments "C ", "D ", and "E ", respectively. Staff Recommendation It is recommended that the City Council take the following actions: 1. Conduct the noticed public hearing and receive public comment. 2. Adopt Resolution 2012 -74: "Modification 12 -01 ". 3. Introduce for First Reading, by title only, Ordinance No. 926: "General Plan Amendment 11 -02 and Zone Change 11 -02" and to bring back Ordinance No. 926 to the meeting of January 8, 2013 for consideration of adoption. ITEM NO. 3L .