Ordinance No. 972 - Approving Zone Change 16-01 Changing The Dual Zoning Classification of Assessor's Parcel Number 6390-018-036 at 8900 Glendon Way From Medium Commercial with a Design Overlay Development to the Medium Commercial with a Design Overlay ORDINANCE NO.972
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING ZONE CHANGE 16-01 CHANGING THE DUAL ZONING
CLASSIFICATION OF ASSESSOR'S PARCEL NUMBER 5390-018-036 AT
8900 GLENDON WAY (FORMERLY 3520 IVAR AVENUE) FROM
MEDIUM COMMERCIAL WITH A DESIGN OVERLAY AND PLANNED
DEVELOPMENT (C-3/D-0 AND PLANNED DEVELOPMENT) TO THE
MEDIUM COMMERCIAL WITH A DESIGN OVERLAY (C-3/D-O)ZONE.
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 16-01 would designate Assessor's Parcel Number
5390-018-036 to C-3/D-0 zone; and
WHEREAS, State Planning and Zoning Law, Title 17, and Rosemead Municipal Code
Section 17.152.060 authorizes and sets standards for approval of Zone Change applications and
governs development of private properties; and
WHEREAS, Rosemead Municipal Code Section 17.152.050 authorizes the City Council
to approve zone change applications; 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 February 2, 2017, an Initial Environmental Study for the proposed
project was completed finding that the proposed project would have a less than 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 March 6, 2017, 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 16-01; and
WHEREAS, on March 6, 2017, the Planning Commission adopted Resolution 17-04,
thereby recommending approval to the City Council of Zone Change 16-01; and
WHEREAS, on March 16, 2017, twenty-three (23) notices were sent to property owners
within a 300-feet radius from the subject property, in addition to notices posted in six (6) 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 for Zone Change 16-01,
pursuant to California Government Code Section 6509 t(a)(3); and
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WHEREAS, on March 28, 2017, the City Council held a public hearing to receive public
testimony relative to Zone Change 16-01; 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 16-01.
The 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.
SECTION 2. The City Council HEREBY FINDS AND DETERMINES that Zone
Change 16-01 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 amendment to the
Zoning Map will correct the dual zoning of C-3/D-O and P-D to only C-31D-O.
SECTION 3. The City Council FURTHER FINDS AND DETERMINES HEREBY
FINDS AND DETERMINES that facts do exist to justify approving Zone Change 16-01 in
accordance with Rosemead Municipal Code Section 17.152.060 as follows:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan;
FINDING: The proposed amendment is located within a Commercial land use
designation. Per the Land Use Element of the General plan, businesses in Rosemead's
commercial districts contribute substantially to the City's tax revenue. For this reason, a hotel
may be developed up to a maximum permitted FAR of 1.0:1 if their projects include higher
design standards. In addition, Goal 2 of the Land Use Element aims to expand opportunities
for concentrated commercial and industrial uses that contribute jobs and tax revenues to the
community. The proposed amendment is not located in a specific plan area.
B. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City; and
FINDING: The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City. The subject site is currently zoned C-3/D-O
and P-D. The proposed amendment would correct the dual zone classification by changing the
subject site to only C-3/D-O, because it promotes good zoning practices.
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The City has completed an Initial Study/Draft Mitigated Negative Declaration for the
proposed project pursuant to Section 15070(6) of the California Environmental Quality Act
(CEQA). The document is intended to be used by the City to evaluate the project's
environmental impacts, if any, to less than a significant level. To ensure that the surrounding
properties are protected against noise, vibrations, and other factors, the Mitigation Monitoring
and Reporting Program(MMRP) specifically addresses mitigation measures
C. The affected site is physically suitable in terms of design, location, operating
characteristics, shape, size, topography, and the provision of public and emergency vehicle
access, and public services and utilities and is served by highways and streets adequate in width
and improvement to carry the kind and quantity of traffic the proposed use would likely
generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize,
or otherwise constitute a hazard to the property or improvements in the vicinity in which the
property is located.
FINDING: The proposed amendment is physically suitable for the subject site as a
portion of the site is already zone C-3/D-O. Staff has verified that the proposed hotel would he
in compliance with the applicable development standards of the Rosemead Zoning Code. In
addition, a traffic impact study was completed for the project. The Study analyzes trip generation
and level of service impacts upon six nearby intersections. Based on the traffic study, the project
traffic will not cause any of the six studied intersections to exceed an unacceptable level of
service or exceed their existing level of service. All area roadways will continue to operate
within their design capacity. The project will have less-than signification traffic impacts to the
six studied area intersections. The City Engineer and City's Traffic Consultant has reviewed the
traffic study and finds it acceptable and the study has been relied on in the Mitigated Negative
Declaration.
SECTION 4. The City Council hereby AMENDS the City's Zoning Map to change the
zoning of Assessor's Parcel Number 5390-018-036 from C-3/D-O and P-D to C-3/D-O and
DIRECTS City Staff to make the appropriate change to the official zoning map.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of
this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision will not affect the validity of the remaining portions of
this ordinance. The City Council hereby declares that it would have passed this ordinance and
each and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be subsequently
declared invalid or unconstitutional.
SECTION 6. Publication. The City Clerk is directed to certify this ordinance and cause
it to be published in the manner required by law.
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SECTION 7. Effective Date. This ordinance will be effective 30 days after adoption.
PASSED, APPROVED AND ORDAINED this 11th day of April, 2017.
Polly Ls‘rt(Mayor
APPROVED AS TO FORM: Al ZEST:
'im rim1
Rachel RichTnan, City Attorney Marc Donohue, City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD
I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby
certify that the foregoing Ordinance No. 972, was introduced at a regular meeting of the City
Council of the City of Rosemead held on the 28`h day of March, 2017 and was adopted by the
City Council of the City of Rosemead at a regular meeting held the I Eh day of April, 2017, by
the following vote:
AYES: ALARCON, ARMENTA, CLARK. LOW, LY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Marc Donohue, City Clerk
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