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PC - 2012-21 - Approve General Plan Amendment 11-02, Changin the Dual Land Use Designations From Commercial and Medium Density Residential at 2751 Del MarPC RESOLUTION 12 -21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT 11 -02, CHANGING THE DUAL LAND USE DESIGNATIONS FROM COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL, AND ZONE CHANGE 11 -02, CHANGING THE DUAL ZONING CLASSIFICATIONS FROM P (PARKING) AND R -2 (LIGHT MULTIPLE RESIDENTIAL) ZONES TO R -2 (LIGHT MULTIPLE RESIDENTIAL) ZONE AND APPROVING MODIFICATION 12 -01 REQUESTING TO CONSTRUCT A NEW 2,408 SQUARE FOOT BUDDHIST TEMPLE, LOCATED AT 2751 DEL MAR AVENUE (APN: 5285 - 035 -047). WHEREAS, on January 26, 2011, Frank Nyugen submitted a Modification application requesting to modify existing Conditional Use Permit 86 -350 and on July 19, 2011, Hieu Ngoc Nguyen submitted an application requesting a General Plan Amendment and a Zone Change in order to eliminate the dual land use and dual zoning designations for 2751 Del Mar Avenue; and WHEREAS, 2751 Del Mar Avenue is designated as Commercial and Light Multiple Residential on the Land Use Map in the City's General Plan; and WHEREAS, 2751 Del Mar Avenue is located in the P (Parking) and R -2 (Light Multiple Residential) districts on the City's Zoning Map; and WHEREAS, the City of Rosemead has adopted the General Plan and Zoning Ordinance, and map, including specific development standards to control development; and WHEREAS, Section 65358 of the California Government Code allows the City Council, as the legislative body, to amend all or part of the City's adopted General Plan when it is deemed in the public interest; and WHEREAS, Sections 17.116 and 17.124 of the Rosemead Municipal Code authorize the Planning Commission to consider and recommend proposed zone changes to the City Council; and WHEREAS, Section 17.112.020 (2) of the Rosemead Municipal Code (RMC) permits the operation of a 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 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 October 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 General Plan Amendment 11 -02, Zone Change 11 -02, and Modification 12 -01, a notice was published in the Rosemead Reader on October 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 November 19, 2012, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to General Plan Amendment 11 -02, Zone Change 11 -02; and Modification 12- 01;and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission hereby makes a finding of adequacy with the Mitigated Negative Declaration and HEREBY RECOMMENDS that the City Council adopt the Mitigated Negative Declaration as the environmental clearance for General Plan Amendment 11 -02, Zone Change 11 -02, and Modification 12 -01. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that It is in the public interest to eliminate the dual land use designations and to reclassify the land use designation to Medium Density Residential, which is consistent with the requirements of state law governing general plans, including but not limited to Government Code Section 65300 and following. FINDING: The proposed amendment to the General Plan will eliminate the dual land use designations. The proposed Medium Density Residential designation is an appropriate designation as the Temple proposes permanent living quarters for the Buddhist Master. The adjacent property directly south of the subject property is also designated as Medium Density Residential. SECTION 4. The Planning Commission HEREBY FINDS AND DETERMINES that Zone Change 11 -02 is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed zone change, in that the change to the Rosemead Municipal Code will provide a superior level of planning and protection to the quality and character of the City. SECTION 5. The Planning Commission FURTHER FINDS AND DETERMINES that Zone Change 11 -02 is consistent with the Rosemead General Plan as follows: A. Land Use: The General Plan land use designation will be changed to eliminate the dual land use designations. The proposed zoning will be consistent with new land use designation. According to the Zoning Ordinance /General Plan Consistency Matrix (Table LU -2) of the General Plan, the Medium Density Residential land use designation is consistent with the R -2 (Light Multiple Residential) zone. B. Circulation: The project proposes to demolish a single family residence and construct a building for use as a Buddhist Temple with permanent living quarters onsite. The current use of the site will remain as it was approved in 1987. C. Housing: The proposed zone change will only eliminate the dual zoning designations. The project proposes to replace the existing Buddhist Temple with a new building. The project proposes to serve the same number of guests as the site currently serves. No change in population growth is expected with this project. The current property provides one housing unit. The proposed Temple will continue to provide housing for one resident. D. Resource Management: The proposed project will replace the existing Buddhist Temple with a new building. The proposed project will not result in any change of natural resource as it is located within an urbanized area. E. Noise: The project is located in an urbanized area adjacent to Del Mar Avenue and is approximately 200 feet from Garvey Avenue. The existing noise levels onsite are due to the onsite activities associated with the use of the existing Buddhist Temple, the traffic on Del Mar and Garvey Avenues, and daily activities of the residential and commercial uses surrounding the site. The noise that will be generated by the proposed Buddhist Temple will be similar to the noise levels generated by the existing Buddhist Temple. F. Public Safety: Police protection is currently provided by the Los Angeles County Sheriff Department and fire protection is currently provided by the Los Angeles County Fire Department. Replacing the existing Buddhist Temple with a new building that meets all new building codes will provide a higher level of public safety. The new project has a low potential for police calls for service. SECTION 6. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 12 -01 according to the Criteria of Chapter 17.112 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; and 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, under the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood; and 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, 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 8. The Planning Commission HEREBY RECOMMENDS CITY COUNCIL APPROVAL of General Plan Amendment 11 -02 and Zone Change 11 -02 to eliminate the dual land use designation and dual zoning designation by changing the land use designation and zoning classification located at 2751 Del Mar Avenue (APN 5285 - 035 -047). SECTION 9. The Planning Commission HEREBY RECOMMENDS CITY COUNCIL APPROVAL of Modification 12 -01 to permit the operation of a religious facility subject to the twenty-seven (27) conditions of approval attached hereto. SECTION 9. This resolution is the result of an action taken by the Planning Commission November 19, 2012 by the following vote: YES: ENG, HERRERA, SOCCARO, RUIZ NO: NONE ABSTAIN: NONE ABSENT: HUNTER SECTION 10. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 19th day of No 2012. Victor CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on 19th day of November, 2012 by the following vote: YES: ENG, HERRERA, SOCCARO, RUIZ NO: NONE ABSTAIN: NONE ABSENT: HUNTER Llluiwh �� Michelle Ramirez, Se et ry APPROVED AS TO FORM: Gregory M. Murp , Planning Cofnmission Attorney Burke, Williams & Sorensen, LLP EXHIBIT "D" MODIFICATION 12 -01 2751 DEL MAR AVENUE (APN: 5285 - 035 -047) CONDITIONS OF APPROVAL November 19. 2012 1. General Plan Amendment 11 -02, Zone Change 11 -02, and Modification 12- 01 is approved for the construction of a new 2,408 square foot Buddhist Temple to be developed in accordance with the plans marked Exhibit "C ", dated March 20, 2012. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of General Plan Amendment 11 -02, Zone Change 11 -02 and Modification 12 -01 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he /she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions within ten (10) days from the Planning Commission approval date. 3. General Plan Amendment 11 -02, Zone Change 11 -02, and Modification 12- 01 is approved for a period of six (6) months from the Planning Commission approval date. The applicant shall initiate the proposed use, or request an extension within 30- calendar days before the expiration of the six (6) month approval period. Otherwise, Zone Change 12 -01 and Conditional Use Permit 12 -01 shall become null and void. 4. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved plans where necessary. 5. General Plan Amendment 11 -02, Zone Change 11 -02, and Modification 12- 01 is granted or approved with the City, its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on General Plan Amendment 11 -02, Zone Change 11 -02, and Modification 12 -01. 6. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and /or City Council concerning the project, which action is brought within the time period provided by law. 7. The following conditions must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 8. The numbers of the address sign shall be at least 6" tall with a minimum character width of 3/4 ", contrasting in color and easily visible at driver's level from the street. Materials, colors, location, and size of such address numbers shall be approved by the City Planner, or his /her designee, prior to installation. (Modified by Planning Commission) 9. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Planning Division. 10. The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within twenty -four (24) hours. A 24 -hour Graffiti Hotline can be called at (626) 569 -2345 for assistance. 11. The applicant shall maintain a minimum clearance of five (5) feet (free of any debris, storage, furniture, etc.) from any electrical /mechanical equipment and /or emergency exits. 12. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010 - 8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. The trash enclosure doors shall be closed at all times. 13. The parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking stalls shall be double striped and have wheel stops. Such striping shall be maintained in a clear, visible, and orderly manner. 14. Any exterior signage shall be subject to the requirements of the Rosemead Municipal Code and the review and approval of the Planning Division prior to installation. 15. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of General Plan Amendment 11- 02, Zone Change 11 -02 and Modification 12 -01. 16. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 17. The applicant shall comply with all Federal, State, and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff, and Health Departments. 18. All proposed lighting shall be reduced in intensity. The applicant shall submit a new lighting plan that will reduce all lighting intensity prior to issuance of building permits for the new building. All parking lot lighting shall be fully shielded and directed downwards to prevent glare on adjacent properties. 19. The trash enclosure shall be finished in exterior materials and colors to match the Temple building. The trash enclosure shall include a solid covered roof with self - closing and self - latching doors. 20. The maximum occupancy of the prayer area shall not exceed forty -four (44) persons at one time. 21. The driveway surface shall be improved with a fully hard surface according to the latest standards established by the City Engineer. 22. In order to control surface water pollution, the applicant shall install a catch basin with a filter or other filter devise shall be installed on the site to collect and treat the first % inch of rainwater prior to its discharge from the site into the local storm drain collection system. 23. Prior to any ground disturbances such as demolition and grading the applicant shall contact the Gabrieleno Band of Mission Indians and the Gabrielino - Tongva Tribe in order to provide notification of the commencement of the project. The applicant shall permit these Native American Indian Tribes to be present onsite during all ground disturbances for the duration of the project. 24. All new onsite walls /fencing shall match existing walls /fencing onsite to the satisfaction of the Planning Division. 25. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. Engineering - Conditions of Approval 26. A dedication of right -of -way will be required to create a uniform ten (10) foot wide parkway across the entire frontage of the property. 27. Two (2) 24 -inch box street trees shall be planted in the parkway area within the City Right -of -Way as a condition approval. Such street trees shall be installed in accordance with the Rosemead City Public Works Standard Plan S08 -003 and will also require the construction of a new concrete sidewalk and a tree well. EXHIBIT "D" MODIFICATION 12 -01 2751 DEL MAR AVENUE (APN: 5285 - 035 -047) CONDITIONS OF APPROVAL November 19, 2012 1. General Plan Amendment 11 -02, Zone Change 11 -02, and Modification 12- 01 is approved for the construction of a new 2,408 square foot Buddhist Temple to be developed in accordance with the plans marked Exhibit "C ", dated March 20, 2012. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of General Plan Amendment 11 -02, Zone Change 11 -02 and Modification 12 -01 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he /she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions within ten (10) days from the Planning Commission approval date. 3. General Plan Amendment 11 -02, Zone Change 11 -02, and Modification 12- 01 is approved for a period of six (6) months from the Planning Commission approval date. The applicant shall initiate the proposed use, or request an extension within 30- calendar days before the expiration of the six (6) month approval period. Otherwise, Zone Change 12 -01 and Conditional Use Permit 12 -01 shall become null and void. 4. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved plans where necessary. 5. General Plan Amendment 11 -02, Zone Change 11 -02, and Modification 12- 01 is granted or approved with the City, its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on General Plan Amendment 11 -02, Zone Change 11 -02, and Modification 12 -01. 6. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and /or City Council concerning the project, which action is brought within the time period provided by law. 7. The following conditions must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 8. The numbers of the address sign shall be at least 6" tall with a minimum character width of 3/4 ", contrasting in color and easily visible at driver's level from the street. Materials, colors, location, and size of such address numbers shall be approved by the City Planner, or his /her designee, prior to installation. (Modified by Planning Commission) 9. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Planning Division. 10. The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within twenty -four (24) hours. A 24 -hour Graffiti Hotline can be called at (626) 569 -2345 for assistance. 11. The applicant shall maintain a minimum clearance of five (5) feet (free of any debris, storage, furniture, etc.) from any electrical /mechanical equipment and /or emergency exits. 12. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010 - 8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. The trash enclosure doors shall be closed at all times. 13. The parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking stalls shall be double striped and have wheel stops. Such striping shall be maintained in a clear, visible, and orderly manner. 14. Any exterior signage shall be subject to the requirements of the Rosemead Municipal Code and the review and approval of the Planning Division prior to installation. 15. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of General Plan Amendment 11- 02, Zone Change 11 -02 and Modification 12 -01. 16. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 17. The applicant shall comply with all Federal, State, and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff, and Health Departments. 18. All proposed lighting shall be reduced in intensity. The applicant shall submit a new lighting plan that will reduce all lighting intensity prior to issuance of building permits for the new building. All parking lot lighting shall be fully shielded and directed downwards to prevent glare on adjacent properties. 19. The trash enclosure shall be finished in exterior materials and colors to match the Temple building. The trash enclosure shall include a solid covered roof with self - closing and self - latching doors. 20. The maximum occupancy of the prayer area shall not exceed forty -four (44) persons at one time. 21. The driveway surface shall be improved with a fully hard surface according to the latest standards established by the City Engineer. 22. In order to control surface water pollution, the applicant shall install a catch basin with a filter or other filter devise shall be installed on the site to collect and treat the first % inch of rainwater prior to its discharge from the site into the local storm drain collection system. 23. Prior to any ground disturbances such as demolition and grading the applicant shall contact the Gabrieleno Band of Mission Indians and the Gabrielino - Tongva Tribe in order to provide notification of the commencement of the project. The applicant shall permit these Native American Indian Tribes to be present onsite during all ground disturbances for the duration of the project. 24. All new onsite walls /fencing shall match existing walls /fencing onsite to the satisfaction of the Planning Division. 25. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. Engineering - Conditions of Approval 26. A dedication of right -of -way will be required to create a uniform ten (10) foot wide parkway across the entire frontage of the property. 27. Two (2) 24 -inch box street trees shall be planted in the parkway area within the City Right -of -Way as a condition approval. Such street trees shall be installed in accordance with the Rosemead City Public Works Standard Plan S08 -003 and will also require the construction of a new concrete sidewalk and a tree well.