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Ordinance No. 926 - Approving General Plan Amendment 11-02, Changing the Current Dual Land Use Designations from Commercial and Medium Density at 2751 Del Mar AvenueORDINANCE NO. 926 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING GENERAL PLAN AMENDMENT 11 -02, CHANGING THE CURRENT DUAL LAND USE DESIGNATIONS FROM COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL DESIGNATION AND APPROVING 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, LOCATED 2751 DEL MAR AVENUE (APN: 5285 -035- 047). WHEREAS, on July 19, 2011 Hieu Ngoc Hguyen submitted applications requesting a General Plan Amendment and a Zone Change in order to eliminate the dual land use designations and dual zoning classifications for 2751 Del Mar Avenue; and WHEREAS, approval of General Plan Amendment 11 -02 would reclassify the land use designation as Medium Density Residential and Zone Change 11 -02 would reclassify the zoning classification to R -2 (Light Multiple Residential) zone for the property located at 2751 Del Mar Avenue; and WHEREAS, Section 65358 of the California Government Code allows the City Council, as a legislative body, to amend all or part of the City's adopted General Plan when it is deemed in the public interest; and WHEREAS, the City of Rosemead has an adopted Zoning Ordinance and associated maps, including specific development standards to control development; 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 November 19, 2012, the City of Rosemead Planning Commission considered General Plan Amendment 11 -02 and Zone Change 11 -02 and recommended approval to the City Council after the Commission made findings that the proposed application with the incorporated mitigation measures will not have a significant impact on the environment; and . WHEREAS, on November 19, 2012, the Planning Commission held a public hearing to receive testimony, and after hearing all testimonies from the public, the Commission recommended approval to the City Council of General Plan Amendment 11 -02 and Zone Change 11 -02; and WHEREAS, on November 19, 2012, the Planning Commission adopted Resolution 12 -21, thereby recommending approval to the City Council of General Plan Amendment 11 -02 and Zone Change 11 -02; 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 property subject to General Plan Amendment 11 -02 and Zone Change 11 -02, 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, Mitigated Negative Declaration, 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, receive public testimony relative to General 11 -02; and the City Council held a public hearing to Plan Amendment 11 -02 and Zone Change 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 . The City Council hereby makes a finding of adequacy with the Mitigated Negative Declaration and HEREBY ADOPTS the Mitigated Negative Declaration, as the environmental clearance for General Plan Amendment 11 -02 and Zone Change 11 -02. SECTION 2. The City Council HEREBY FINDS AND DETERMINES that General Plan Amendment 11 -02 is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed General Plan Amendment, in that it eliminates the dual land use designations from Commercial and Medium Density Residential to Medium Density Residential designation for 2751 Del Mar Avenue. SECTION 3. The City Council FURTHER FINDS AND DETERMINES that Zone Change 11 -02 is consistent with the Rosemead General Plan as follows: A. Land Use: The proposed zoning will be consistent with the land use designation of the General Plan. 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 proposed to serve the same number of guests as the site currently serves. No change in population growth is expected with the 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 used 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. Fire protection is currently provided by the Los Angeles County Fire Department. Replacing the existing Buddhist Temple with a new building that meets new building codes, will provide a higher level of public safety. The new project has a low potential for police calls for service. SECTION 4 . The City Council hereby AMENDS the City's zoning map to change the zoning of the parcel located at 2751 Del Mar Avenue (APN: 5285 - 035 -047) from P (Parking) and R -2 (Light Multiple Residential) zone to R -2 (Light Multiple Residential) zone and DIRECTS City Staff to make the appropriate change to the official zoning map SECTION 5. The City Clerk shall certify to the passage of this Ordinance. PASSED, APPROVED, AND ADOPTED this 8 th day of Januar, 2013. S r Mayor ATTEST: A C I 1A lorria Woleda City Clerk AP Ov D AS FO Rachel H. Richman, City Att ey Burke, Williams & Sorensen, LLP CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the City Council of the City of Rosemead at a meeting held on the 8 th day of January, 2013, by the following vote: YES: ALARCON, ARMENTA, CLARK,LOW, LY NO: NONE ABSENT: NONE ABSTAIN: NONE A r olleda City Clerk ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY CO NCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JANUARY 8, 2013 SUBJECT: ORDINANCE 926 —SECOND READING: GENERAL AMENDMENT 11- 02, ZONE CHANGE 11 -02, AND MODIFICATION 12 -01 2751 DEL MAR AVENUE SUMMARY On December 11, 2012, the City Council introduced Ordinance No. 926, approving general plan amendment 11 -02, and approving zone change 11 -02 located at 2751 Del Mar Avenue (APN: 5285 - 035 -047). Ordinance No. 926 is now before Council at the required second reading for adoption. Staff Recommendation Staff requests that City Council ADOPT Ordinance No. 926 at its second reading. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: GLORIA MOLLEDA CITY CLERK Attachment A — Ordinance No. 926 ITEM NUMBER: