Ordinance No. 942 - Approving Zone Change 12-02 Changing the Zoning Classification of Six Parcels from C-3 and the Single Family Residence at the Northeast Corner of the Site R-2 to C-3 Mudo-D at 3012 Del Mar Avenue and 3017 Brighton StreetORDINANCE NO. 942
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING ZONE CHANGE 12 -02 CHANGING THE ZONING
CLASSIFICATION OF SIX PARCELS FROM C -3 (MEDIUM
COMMERCIAL) AND THE SINGLE - FAMILY RESIDENCE AT THE
NORTHEAST CORNER OF THE SITE R -2 (LIGHT MULTIPLE
RESIDENTIAL) TO C -3 MUDO -D (MEDIUM COMMERCIAL WITH A
RESIDENTIAL/COMMERCIAL MIXED USE DEVELOPMENT OVERLAY
AND DESIGN OVERLAY). THE SUBJECT SITE IS LOCATED AT 7801-
7825 GARVEY AVENUE, 3012 DEL MAR AVENUE, AND 3017
BRIGHTON STREET (APN's: 5287 - 039 -001, 002, 003, 004, 005, 011).
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 12 -02 will change the zoning of six (6)
parcels from C -3 Medium Commercial and the single - family residence at the northeast
corner of the site R -2 Light Multiple Residential to C -3 Medium Commercial and add a
Residential /Commercial Mixed -Use Development Overlay (RCMUDO) and Design
Overlay; 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 December 15, 2014, the City of Rosemead Planning Commission
considered Zone Change 12 -02 and recommended approval to the City Council after
the Commission made findings that the proposed application will not have a significant
impact on the environment; and
WHEREAS, on December 15, 2014, 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 Zone Change 12 -02; and
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WHEREAS, on December 15, 2014, the Planning Commission adopted
Resolution 14 -10, thereby recommending approval to the City Council of Zone Change
12 -01; and
WHEREAS, on April 16, 2015, thirty -nine (39) notices were sent to property
owners within a 300 -feet radius from the subject property, in addition to notices posted
in five (5) public locations, on -site, and published in the Rosemead Reader, 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 April 28, 2015, the City Council held a public hearing to receive
public testimony relative to Zone Change 12 -02; 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 . 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 Zone Change 12 -02.
SECTION 2. The City Council HEREBY FINDS AND DETERMINES that Zone
Change 12 -02 is consistent with the Rosemead General Plan as follows:
A. Land Use: The General Plan Land Use Designation of the subject site is
currently Commercial and Medium Density Residential. However, with implementation
of the zone change, which proposes a Mixed -Use: High Density Residential /Commercial
Land Use Designation with a maximum density of 60 dwelling units per acre and
maximum floor -area ratio of 2.0:1. The project site area consists of 1.14 acres. With a
total of 60 residential dwelling units and 1.61 acres of total floor area, the project is
consist with the Land Use Element of the General Plan.
B. Circulation: The proposed project will result in an increase in vehicle trips
from the proposed residential and commercial land uses of the mixed -use project. With
the incorporation of mitigation measures, this increase will not result in significant
environmental impacts upon the Level of Service of surrounding street intersections and
project entry driveways, and will not adversely affect surrounding properties. The
proposed project will provide adequate off - street parking, including two levels of
subterranean parking and one level of surface parking, to serve the parking needs of
future residents and patrons and minimize traffic - related impacts upon the
neighborhood.
C. Housing: The proposed project is consistent with the City of Rosemead
Housing Element, which seeks to provide a variety of housing types for the various
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demographics of the community. The proposed development will provide 60 new
residential dwelling units, including 9 designated low- income rental units.
D. Resource Management: The proposed development is located in a
developed urban area, and as such, will not result in any significant impact upon natural
resources. With the incorporation of mitigation measures, such as building setback and
landscaping, the proposed building will have a less than significant impact upon the
aesthetics from adjoining properties.
E. Noise: This development will not generate any significant permanent
impacts to the noise levels of the surrounding area. The proposed project will result in
additional pedestrian and vehicular traffic noises, but is not considered to be substantial.
There will be a temporary increase in ambient noise levels above the existing levels due
to the presence of heavy equipment and trade personnel during construction activities.
All construction work will be required to comply with the defined timeframe and City's
Noise Ordinance. All mechanical equipment will be designed to minimize noise impacts
on adjoining properties.
F. Public Safety: The proposed development will allow the construction of
residential and commercial uses in a developed urbanized area where there are no
known public safety concerns. The site is not located in a seismic safety zone, and 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 project will be designed to meet the
latest Building Code and Fire Code to maximized public safety of the site.
SECTION 3 . The City Council hereby AMENDS the City's Zoning Map to change
the zoning of six (6) parcels from C -3 Medium Commercial and the single - family
residence at the northeast corner of the site R -2 Light Multiple Residential to C -3
Medium Commercial and add a Residential /Commercial Mixed -Use Development
Overlay (RCMUDO) and Design Overlay.
SECTION 4. The Zoning Map as a part of Title 17 of the Rosemead Municipal
Code is HEREBY AMENDED to read as read as incorporated by this reference as
Exhibit A:
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. 942 and each and all provisions thereof, irrespective of the fact
that any one or more of said provisions may be declared to be invalid.
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SECTION 6 . The City Clerk shall certify to the passage of this Ordinance.
PASSED AND APPROVED, this 12th day of May, 2015.
Margaret Gi rk, Mayor
City of Rosemead, California
ATTEST:
i \ o
o City Clerk
City of Rosemead, California
APPROVED AS TO FORM:
Rachel 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, California, do hereby certify that the
foregoing Ordinance No. 942 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 28th of April, 2015. There after said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 12th of May, 2015 by the
following vote to wit:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA
APPROVING ZONE CHANGE 12 -02
CHANGING THE ZONING CLASSIFICATION
OF SIX PARCELS FROM C -3 (MEDIUM
COMMERCIAL) AND THE SINGLE - FAMILY
RESIDENCE AT THE NORTHEAST CORNER
OF THE SITE R -2 (LIGHT MULTIPLE
RESIDENTIAL) TO C -3 MUDO -D (MEDIUM
COMMERCIAL WITH A RESIDENTIAL/
COMMERCIAL MIXED USE DEVELOPMENT
OVERLAP AND DESIGN OVERLAY). THE
SUBJECT SITE IS LOCATED AT 7801 -7825
GARVEY AVENUE, 3012 DEL MAR AVENUE,
AND 3017 BRIGHTON STREET (APN's: 5287-
039- 001,002,003,004,005,011)
Yes:
Alarcon, Armenta, Clark, Low, Ly
No:
None
Abstain:
None
Absent:
None
& k .
loria Molleda
City Clerk
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGE
DATE: MAY 12, 2015
SUBJECT: ORDINANCE NO. 942 — SECOND READING: APPROVING ZONE
CHANGE 12 -02 — 7801 -7825 GARVEY AVENUE, 3012 DEL MAR
AVE NUE, AND 3017 BRIGHTON STREET
SUMMARY
On April 28, 2015, the City Council introduced Ordinance No. 942, approving zone
change 12 -02 changing the zoning classification of six parcels from C -3 and the Single -
Family Residence at the northeast corner of the site R -2 to C -3 MUDO -D. Ordinance
No. 942 is now before Council at the required second reading for adoption.
Staff Recommendation
Staff requests that City Council ADOPT Ordinance No. 942 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. 942
ITEM NUMBER: �,