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CC – Item 3C – Ordinance 780 – Amending Rosemead Zoning Map Land Use Designation ORDINANCE NO. 780 AN ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OF ROSEMEAD APPROVING ZONE CHANGE 97-204, AMENDING ROSEMEAD ZONING MAP LAND USE DESIGNATION FROM "C-3; MEDIUM COMMERCIAL" AND R-2; "LIGHT MULTIPLE RESIDENTIAL" TO PD; "PLANNED DEVELOPMENT" AND APPROVING PLANNED DEVELOPMENT REVIEW 97-01, FOR THE DEVELOPMENT OF A SELF STORAGE FACILITY FOR A 6.75 ACRE SITE LOCATED AT 8306 GARVEY AVENUE (APNs: 5283-015-806, 5283-008-800, 801). WHEREAS, Mr. Carl Beckmann, representing Everest Storage, 3280 E. Foothill Blvd. #320, Pasadena, CA 91107, filed an application requesting a zone change from the C-3; "Medium Commercial" and R-2 "Light Multiple Residential" to the PD; "Planned Development" zone for property located at 8306 Garvey Avenue on February 6, 1997; and WHEREAS, the City of Rosemead has an adopted general plan, zoning ordinance, and map, including specific development standards to control development; and WHEREAS, the General Plan Amendment 97-01 would designate the subject property "Commercial" allowing commercial types of development such as self storage facilities; and WITEREAS,State Planning and Zoning Law, Title 7, Chapter 3, Article 8, plus Chapter 9120 of the Rosemead Municipal Code, authorize, and set standards for, the preparation of specific plans (planned developments) governing the development of private property; and WHEREAS, Sections 9185 and 9186 of the Rosemead Municipal Code authorize the Planning Commission to consider and recommend proposed planned developments and zone changes to the City Council; and WHEREAS, Section 65454 of the California Government Code requires that specific plans (planned developments) be consistent with the adopted general plan; and WHEREAS, City Council policy encourages the preparation of these planned developments because of the superior level of planning and protection they offer to the quality and character of area where they are located; and WHEREAS, on June 9, 1997, an initial study for the draft ordinance was completed finding that all potential environmental impacts can be mitigated to a level of insignificance; and WHEREAS, on June 12 and August 14, 1997, notices were posted in 10 public locations and mailed to property owners within a 300-foot radius from the subject property specifying the public comment period and the time and place for a public hearings pursuant to California Government Code Section 65091(a)(3); and COUNCIL OCTUN14 1997AGENDA ITEM No. C • Ordinance No. 780 Zone Change 97-204 Page 2 of 5 WHEREAS, on July 21, 1997, the Planning Commission held a public hearing to receive testimony and voted to recommend City Council approval of General Plan 97-01, Zone Change 97-204 and Planned Development 97-01; and WHEREAS, on August 4, 1997 the Planning Commission adopted Resolution 97-44, recommending City Council approval of General Plan Amendment 97-01; and WHEREAS, on August 26, 1997 and September 23, 1997, the City Council held a hearing to receive public testimony relative to General Plan 97-01, Zone Change 97-204 and Planned Development 97-01; and WHEREAS, the City Council has sufficiently considered all testimony presented to make the following determination. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Rosemead as follows: Section 1. Pursuant to the City of Rosemead's CEQA Procedures and State CEQA Guidelines, it has been determined that the adoption of this ordinance will have potential environmental impacts during the construction phase that can be mitigated to a level of insignificance. This conclusion is based upon the record, initial study and comments received during the public review period. Therefore, a Mitigated Negative Declaration has been prepared according to CEQA. The City Council, having final approval authority over this project, has reviewed and considered any comments received during the public review prior to the approval of this project. Furthermore, the City Council has exercised its own independent judgement in reaching the above conclusion. The City Council, therefore, approves the Mitigated Negative Declaration. Pursuant to Title XIV, California Code of Regulation, Section 753.5(v)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for adverse effect on the wildlife resources or the habitat upon which the wildlife depends. Furthermore, on the basis of substantial evidence, the City Council hereby finds any presumption of adverse impact has been adequately rebutted. Therefore pursuant to Fish and game Code Section 711.2 and Title XIV, California Code of Regulations, Section 735.5(a)(3), the City Council finds that the project has a de minimis impact and therefore the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 2. The City Council HEREBY FINDS, DETERMINES AND DECLARES that placing the property in the Planned Development zone (Zone Change 97-204) is in the interest of the public nerrssity and general welfare, and good city planning practice dictates and supports the Ordinance No. 780 Zone Change 97-204 Page 3 of 5 proposed zone change, in that the change to the Planned Development Zone will provide a superior level of planning and protection to the quality and character of the area where the development is proposed. Section 3. The City Council FURTHER FINDS that Planned Development 97-01 meets the City's goals and objectives as follows: A. Land Use; The designation provided by Zone Change 97-204 (Planned Development) allows the same electrical utility lines that are existing to continue, plus allows for a mix of land uses, including commercial uses. The site is located in Planning Area 6 of the Land Use Element of the Rosemead General Plan and has been designated for Public Facilities uses. This designation was created due to the existing Southern California Edison Right of Way which contains overhead electrical transmission lines. The area surrounding the site is general planned Commercial and Mixed Use; Residential/Commercial to the west, Mixed Use; Industrial/Commercial and Medium Density Residential to the east. The proposed use will be set back from the neighboring homes a minimum of 25 feet and provide other means of buffering. B. Circulation; The site is located on Garvey Avenue. Garvey Avenue is classified as a major arterial in the General Plan. Adequate access is provided on Garvey Avenue. The existing circulation design would be maintained with no significant increase in traffic anticipated . C. Housing; Although a portion of this site is currently zoned R-2; Light Multiple Residential, the proposed use of this property as a self storage facility will not deplete available land for housing. Because of the overhead electrical transmission lines throughout the right of way, Southern Calif. Edison will not allow habitable structures to be constructed underneath them. D. Resource Management; The Edison right of way that traverses the entire length of the City from north to south is one of the few open space areas with the City borders. However, this site as well as most of the other Edison right of way sites throughout the City are normally not made accessible to families for recreational uses. It is generally a private business that locates beneath the power lines. In many cases this tenant is a wholesale nursery. The applicant has provided extensive landscaping on the proposed site and the project will not have any negative impacts on air or water quality in the City. E. Noise; The proposed office building fronts on Garvey Avenue. There is a parking area in the front that is surrounded with landscaping. The proposed self storage facility has been designed to contain the noise related uses within the property in order to reduce any Ordinance No. 780 Zone Change 97-204 Page 4 of 5 potential noise impacts. F. Public Safety; The Fire and Sheriff Departments have reviewed the proposed plans. The driveway shall serve as a fire lane. The site has been designed to discourage crime and loitering problems in the area through the use of fencing, walls, cameras, etc. The site is not located in any special study zones. The entire City of Rosemead is free from any flood hazard designations. G. CEQA; The City staff has prepared an initial study pursuant to the California Environmental Quality Act (CEQA). This study has determined that the proposed zoning amendments could have adverse impacts on certain aspects of the environment. However, these impacts can be mitigated to a level of insignificance. Therefore, staff has prepared and recommends adoption of a Mitigated Negative Declaration. Section 4. The City Council HEREBY APPROVES Zone Change 97-204, amending Rosemead Zoning map land use designation from "C-3; Medium Commercial" and R-2; "Light Multiple Residential" to PD; "Planned Development" AND APPROVING Planned Development 97- 01, for the development of a self storage facility located at 8306 Garvey Avenue (apns: 5283-015- 806, 5283-008-800, 801). Section S. 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 this Ordinance, and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. Section 6. The City Clerk shall certify to the passage of this Ordinance. PASSED AND APPROVED this _ day of , 1997. JAY IMPERIAL, Mayor ATTEST: NANCY VALDERRAMA, City Clerk Ordinance No. 780 Zone Change 97-204 Page 5 of 5 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) CITY OF ROSEMEAD I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the foregoing Ordinance No. 780 being. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING ZONE CHANGE 97-204, AMENDING ROSEMEAD ZONING MAP LAND USE DESIGNATION FROM MC-3; MEDIUM COMMERCIAL" AND R-2; "LIGHT MULTIPLE RESIDENTIAL" TO Pll; 'PLANNED DEVELOPMENT" AND APPROVING PLANNED DEVELOPMENT REVIEW 97-01, FOR THE DEVELOPMENT OF A SELF STORAGE FACILITY FOR A 6.75 ACRE SITE LOCATED AT 8306 GARVEY AVENUE (APNs: 5283-015-806, 5283-008-800, 801). was duly introduced and placed upon first reading at a regular meeting of the City Council on the 23rd day of September, 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1997, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: NANCY VALDERRAMA, City Clerk EXHIBIT "A" PLANNED DEVELOPMENT 97-01 8306 E. Garvey Avenue (Everest Self-Storage) CONDITIONS OF APPROVAL Sentemher 23 1997 1. Prior to issuance of building permits, any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2. Approval shall not take effect for any purpose until the applicant has filed with the City of Rosemead an affidavit stating that he/she is aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions. 3. 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. 4. The property shall be developed in accordance with the plans marked Exhibit "B" except where otherwise noted. Any modification shall require Planning Department approval 5. Prior to the issuance of building permits, all fees payable under State Law shall be paid. 6. Vehicles to be stored in designated areas only. Such vehicles may not be located in the required off-street parking or landscape areas nor on any sidewalk, parkway, street or alley. 7. All storage containers shall be painted a uniform, neutral color and shall be re-painted as needed. 8. Containers shall be used for storage of non-living items only and no portion of the site shall used as habitable living space. 9. A 8 foot chain link fence, covered with redwood slats (as approved by the Director of Planning) shall be installed on the westerly property line. A small leaf plant, acceptable to the neighbors shall be planted at the base of the chain link fence. 10. The storage containers shall be set back a minimum of 25 feet from the west property line. 11. The container doors shall have installed a rubber seal to prevent the metal to metal contact of the doors as they are shut. 12. A 8'- high wrought iron fence and gate shall be installed along the south property line and the south service entrance. 13. At no time shall anyone or group be allowed to play a musical instrument within the property or within a storage container. 14. Containers shall not be used for any type of business operations whatsoever. 15. The service entrance off of Angelus Avenue shall remain locked at all times and shall be used as a service entrance only for Southern California Edison employees. 16. The applicant shall install light fixtures with shields and bulbs that do not allow light to flow onto neighboring properties. 17. Motion activated video cameras shall be installed throughout the site and all tapes from said cameras shall be kept for a minimum of thirty (30) days. 18. The Facility shall be screened by view of public right of ways with appropriate landscaping elements and concrete block walls, subject to the approval of the Planning Director. 19. All waste materials shall be handled and disposed of in accordance with local, state, and federal laws and policies. No waste material shall be washed or poured into any public alley, street, storm drain, or sewer at any time. 20. The applicant shall prepare and maintain a Water Quality Management Plan in accordance with Chapter 7, Article 5 (Sanitation & Health Code, RMC) pursuant to the National Pollution Discharge Elimination System (NPDES) Permit Program, subject to the review of the City Building Official. 18. The hours of construction shall be limited from 7 a.m. to 7 p.m. Monday - Saturday. No construction shall take place on Sundays or on any legal holidays without prior approval by the City. Pursuant to Section 4310 °of the Rosemead Municipal Code. 19. Planning staff shall have access to the subject property at any time during construction to monitor progress. 20. The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to the hours of: 7:00 a.m. to 7:00 p.m. Monday through Friday and 9:00 a.m. to 7:00 p.m. Saturday and Sunday. 21. All trash, rubbish and garbage receptacles shall be regularly cleaned, and inspected and maintained in a clean, safe and sanitary condition. 22. No portion of any required front and/or side yards or buffer zones shall be used for storage of any type. 23. The site shall be maintained in a clean, weed and litter free state in accordance with Section 5401-5405 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. Any new litter and graffiti shall be removed within twenty-four (24) hours. 24. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Department. 25. Driveways and parking areas shall be surfaced and improved with Portland concrete cement or asphaltic concrete, and thereafter maintained in good serviceable condition. 26. The property shall be graded to drain to the street, but in no case shall such drainage be allowed to sheet flow across any public sidewalk or neighboring residential property. A grading and/or drainage plan shall be prepared, submitted to and approved by the Building Official, and such grading and drainage shall take place in accordance with such approved plan. 27. The numbers of the address signs shall be at least 6" tall with a minimum character width of 1/4", contrasting in color and easily visible at driver's level from the street. The location, color and size of such sign shall be subject to the approval of the Planning Director. 28. Applicant shall obtain a public works permit for all work in or adjacent to the public right-of-way. 29. Applicant shall install and complete all necessary public improvements, including but not limited to street, curbs, gutters, sidewalks, handicap ramps, and storm drains, along the entire street frontage of the development site as required by the Director of Planning. 30. Prior to issuance of building permits, the Planning Department shall review and approve all electric underground utility transformer locations for compatibility with the site design. All portions of the transformers that are above ground shall be adequately screened with landscaping and/or screen walls. Landscaping shall be reviewed and approved by the Planning Department. 31. All ground level mechanical/utility equipment (including meters, backflow preservation devices, fire valves and other equipment) shall be screened by screening walls and/or landscaping to the satisfaction of the Planning Department. 32. All new utilities shall be placed underground including facilities and wires for the supply and distribution of electrical energy, telephone, cable television etc. The underground conversion of these utilities shall consider all future connections to the satisfaction of the Director of Planning. 33. Prior to issuance of Building permits, a landscaping plan shall be submitted to the Planning Department for review. It shall include an irrigation plan with automatic timers and moisture sensors. Fifteen (15) percent of the landscape area shall be planted with 15-gallon trees. 34. A permanent maintenance program of all landscaping shall be provided insuring regular irrigation, fertilization and weed abatement. 35. The applicant shall install approved street trees in a location chosen by and to the satisfaction of the Engineering Department. 36. No trees shall be removed other than those shown on the approved plans. 37. Landscape materials and irrigation systems are to be inspected by a City representative prior to final release of utilities. 38. NO OCCUPANCY will be granted until ALL IMPROVEMENTS required by this approval have been completed, inspected, and approved by the appropriate department(s). 39. No finals will be given until all as-built site improvement plans have been submitted to the Building Department. 40. All requirements of the Building and Safety Department and Planning Department shall be complied with prior to the final approval of the proposed construction. 41. The project shall comply with the conditions set forth in the City Engineer's Report dated July 7 1997 , and the Fire Department's recommendation dated June 18 1997. These conditions shall be completed to the City Engineer's satisfaction prior to occupancy. 42. All conditions of Case No(s): PD 97-01. (IPA 97-01 and 7C 97-204 must be complied with to the satisfaction of the Director of Planning, prior to final approval of associated maps, building permits, occupancy permits, or any other appropriate request. 43. The conditions listed on this Exhibit shall be copied directly onto development plans submitted to the Planning and Building Departments for review. 44. The property shall be kept cleared of weeds, debris and abandoned vehicles, and maintained pursuant to the County Fire and Health codes until it is developed. All trash shall be contained in dumpsters and removed on an as-needed basis. No trash shall be visible from outside the dumpster. Surplus construction materials shall be stored so as to be screened from public view when not actually in use. 45. A 6'-high fence, composed of chain link or other approved material, shall totally enclose the perimeter of the property when vacant, under construction, or under demolition, and said fence shall remain until Occupancy is granted. 46. All environmental mitigation measures adopted in connection with the following applications shall be incorporated. 47. Violation of the conditions of approval may result in citation and/or initiation of revocation proceedings.