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CC - 2004-37 - General Plan Amendment 03-02 - Parcel located at 1827 Walnut GroveRESOLUTION NO. 2004-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING GENERAL PLAN AMENDMENT 03-02, CHANGING THE LAND USE DESIGNATION OF A 22.35 ACRE PARCEL LOCATED AT 1827 WALNUT GROVE AVENUE FROM OFFICE/LIGHT INDUSTRIAL TO COMMERCIAL AND MAKING CORRESPONDING CHANGES IN THE TEXT OF THE LAND USE ELEMENT The City Council of the City of Rosemead does hereby resolve as follows: SECTION 1. BACKGROUND A. Development Resource Consultants has filed applications for development of a 22.5 acre site bounded by Delta Street to the west, Rush Street to the north, Walnut Grove Avenue to the east, and the Panda Restaurant Group corporate building which is located immediately south of and adjacent to the southern border of the project site. Development Resources Consultant sought approval of 'a 253,267 square foot retail/commercial center which would include a 230,367 square foot general merchandise/grocery sales store (Wal-Mart), a gas station with eight fueling pumps, and approximately another 22,000 square feet of restaurant and retail uses (the "Proposed Project"). B. The Proposed Project required approval by the Planning Commission. of a tentative parcel map to divide the parcel into 6 lots and conditional use permits to establish a gas station, allow the sale of alcoholic beverages, and establish a "mini- mall" as defined by Chapter 17.04 of the Rosemead Municipal Code. The Project also requires approval by the City Council of a General Plan amendment to the Land Use Element, changing the designation of the site from "Office/Light Industrial" to "Commercial" and making corresponding textual changes. The Developer has also requested approval of a 10. year Development Agreement between the City of Rosemead and Wal-Mart Real Estate Business Trust which will give Wal-Mart a vested right to develop and construct the project in accordance with the entitlements received from the City pursuant to its discretionary approvals as well as all existing land use regulations and development standards in existence at the time the Development Agreement is approved. C. The City of Rosemead has conducted an extensive environmental review for the Proposed Project which included an EIR prepared by the independent consulting firm of Applied Planning, Inc., with technical reports concerning traffic and circulation impacts; 1 • air quality, noise, and geotechnical effects; and an economic/market impact analysis, as well as a review of the Proposed Project site's previous environmental documentation. The following is a summary of the City's environmental review: A Scoping Meeting was held on November 19, 2003, to solicit input from the public on the content of the Draft Environmental Impact Report. This meeting was held at the Doubletree Hotel in Rosemead, and was attended by approximately 300 people. A Notice of Preparation (NOP) and Initial Study identifying the scope of environmental issues were distributed to numerous state, federal, and local agencies and organizations on December 12, 2003. A total of 12 comment letters were received from state, regional and local agencies, and an additional 29, letters were received from individuals. Copies of those comment letters, along with copies of numerous signatures on "Petition Protesting Wal-Mart" forms, are included in Appendix A of the Draft EIR (under separate cover). Relevant comments received in response to the NOP/Initial Study were incorporated into the Draft EIR. The Draft EIR was distributed for public review on May 17, 2004, for a 45- day review period with the comment period expiring on July 2, 2004; the FEIR includes response to comments received through July 20, 2004, well past the public review period. A Notice of Completion (NOC) was sent with the Draft EIR to the State Clearinghouse on May 17, 2004. A Notice of Availability of the Draft EIR for public review was mailed to interested parties on May 13, 2004. The Notice of Availability was transmitted to the Los Angeles County Clerk's office for posting on May 17, 2004 and published in the San Gabriel Valley Tribune on May 12, 2004. Comment letters on the Draft EIR were received at the close of the public comment period. The letters and responses to these comments are included in the Final EIR. Responses to comments were distributed in accordance with CEQA ten (10) days prior to the August 16, 2004. The Planning Commission held a duly noticed and advertised public hearing on August 16, 2004 to consider the Final EIR, the parcel map and conditional use permits and recommendation on the General Plan Amendment and Development Agreement to the City Council along with 2 0 • the staff recommendations on these items, at which time oral and written testimony was considered. Notice of this Planning Commission hearing was provided through publication on August 2, 2004. D. At the close of the public hearing on August 16, 2004, the Planning Commission took the following actions: ' 1. Adoption of Resolution No. 04-22, certifying the Environmental Impact Report for Tentative Parcel Map 26827 and Conditional Use Permits 02- 882 (mini-mall), 02-883 (gasoline station) and 03-939 (alcohol sales) and recommending that the City Council certify the EIR for the Development Agreement and General Plan Amendment; and 2. Adoption of Resolution No. 04-23, approving tentative parcel map 26827 for the Project Design Alternative for a four lot division and conditional use permits 02-882 (mini-mall), 03-939 (alcohol sales), denying conditional use permit 02-883 (gasoline station), adopting and approving findings, mitigation measures, a statement of overriding considerations and a mitigation monitoring program for the approved actions and recommending that the City, Council approve the General Plan Amendment and Development Agreement subject to the same environmental findings. E. On August 17, 2004, Mayor Pro Tern Imperial filed an appeal of the Planning Commission's actions in order that the City Council could decide all matters pertaining to the applications so that there would be uniformity of approvals, disapprovals and/or conditions. F. On August 24, 2004, the City Council continued its regular meeting to September 7, 2004 in order to hear testimony on this matter. G. On August 25, 2004, a public hearing notice was published in the San Gabriel Valley Tribune. H. On September 7, 2004 the City Council held a duly noticed public hearing on this Project at which time it considered all evidence presented, both oral and written. 1. Prior to approving this Resolution, the City Council adopted Resolution No. 2004- 36, certifying the FEIR for the Proposed Project and denying the appeal of the Planning Commission's certification of the FEIR for tentative parcel map 26827 and conditional use permits 02-882 for a mini-mall on parcel 2, 02-883 for a gasoline station, and 03- 939 for alcohol sales at the major tenant on parcel 1. 3 • SECTION 2. ACTION ON GENERAL PLAN AMENDMENT A. Based on all of the testimony and evidence in this matter, including the FEIR, the City Council hereby approves General Plan Amendment 03-02, changing the land use designation of the Property shown on Exhibit GPA-A hereto from "Office/Light Industrial," to "Commercial" and making the corresponding text changes to the Land Use Element of the General Plan as shown on Exhibit GPA-B hereto. B. The City Council specifically finds that the General Plan Amendment is in the public interest and is internally consistent with the remainder of the Land Use Element and all other elements of the Rosemead General Plan for the following reasons: The Project is consistent with the zoning as the uses are permitted or conditionally permitted under the existing zoning designation of "Medium Commercial," thus no change in the Project site's existing zoning is proposed; the general merchandise/grocery component is an allowed use in the C-3 zone, alcohol sales at the general merchandise/grocery component are allowed pursuant to a conditional use permit, and establishment of a mini-mall on Parcel 2 is also allowed pursuant to a conditional use permit. Section 1.2 of the Land Use Element recognizes that by 1986, the City was almost completely developed with the general location and distribution of land uses having been previously determined. At the time that the Land Use Element was developed it was believed that the Project Site, which is currently owned by Edison, would be used for an expansion of the Edison headquarters. At the time that the General Plan was approved, the population of the City was expected to be 49,300 at full density build-out. Since the time that the General Plan was adopted, the energy business has substantially changed and Edison no longer wishes to retain that property for future expansion. Additionally, as of January 1, 2003, the City's population had already increased to approximately 56,000 (DOF estimate) and according to the Southern California Association of Government's Regional Housing Numbers Allocation, the City is expected to build an additional 776 units which will equate to another 3,055 individuals in the next several years. Based on the additional growth, there is a need for additional commercial services to serve the increased growth. The unexpected availability of a vacant 22.35 acre parcel located less than 1 mile from the 60 freeway and on a major arterial that can be developed with commercial development, provides an opportunity that is consistent with the goals of the General Plan. 4 * The Project is consistent with the general goal of the Land Use Element to underscore the City's commitment to making efforts to encourage commercial development that will benefit the community and the surrounding region, while making sure that the City considers both the costs and benefits of such development and discourage those activities that will have a negative impact. This commercial development will benefit the community by providing shopping opportunities that are not currently available in the neighborhood, increase the City's tax base and increase employment opportunities in the City, while at the same time ensuring that there will not be a negative impact based on the project design, conditions of approval and mitigation measures. * The Project is consistent with Land Use Element Goal 2 which provides, "expand the opportunities for concentrated commercial and industrial development around and adjacent to existing commercial and office development." The Project is located adjacent to office development. * The Project is consistent with Land Use Element Goal 4 which provides, "encourage the development of a balance of land use types which are logically interrelated with one another." The Project provides for retail and food uses which are located near both residential and office uses; this provides for a balanced mix. * The Project is consistent with the Circulation Element of the General Plan which recognizes that Walnut Grove is reaching design capacity during peak hours and that additional development in the area should be carefully weighed to ensure that is does not adversely impact the existing circulation system. The Project has undergone extensive environmental review, including a traffic analysis, and the determination has been made that except for impacts on the 60 freeway, the Project has been designed so that there will not be any significant traffic impacts on the circulation system. Unlike an office project, the Project will not have a morning peak hour impact. * The Project is consistent with Circulation Element Goal 2 which provides, "separate traffic associated with commercial and industrial uses from residential neighborhoods." The Project has been designed so that there will be no access off of Delta Street and that there will no truck access on Rush Street. The traffic analysis determined that the residential streets would not be used for pass- through traffic. * The Project is consistent with Circulation Element Goal 3 which provides, "insure that all commercial and industrial development is provided with adequate parking for its employees and visitors." The Project has been designed to have adequate parking. 5 • • The Project is consistent with Resources Management Element Policy 2.3 which provides that new developments incorporate landscaping into the overall site plan. The Project has been designed to include landscaping within the Project site and also perimeter landscaping. The Project is consistent with the Noise Element which provides that the goals and policies of the Noise Element will include the requirement of sound attenuation walls along significant noise sources and noise barriers at the line of sight. The Project has been designed to include perimeter walls that will attenuate noise. The Project is consistent with the Public Safety Element Goal 1 which provides, "minimize the hazards to public health, safety, and welfare and to prevent loss of life, bodily injury, and property damage resulting from natural and man-made phenomena." The Project provides for a 100 foot no build zone, requires compliance with the latest building codes and also requires compliance with a geotechnical report. The Project is consistent with the Public Safety Element Goal 2 which provides, "support the efforts of the Los Angeles County Fire Department in fire prevention and safety." The Project will be required to comply with all current building and fire codes as well as the conditions requested by the Los Angeles County Fire Department. The Project is consistent with the Economic Development Element. Although the Economic Development Element encourages the development of commercial centers in seven areas of the City, the Element specifically provides that it is concerned with "a development strategy which will address development potentials that will broaden and stabilize the City's economic base." Furthermore, the Economic Development Element recognizes that Rosemead has very little area devoted to "regional" retail uses, meaning that surrounding cities capture Rosemead sales tax dollars. The retail economic analysis prepared for this Project confirmed that sales tax dollars were being lost to other jurisdictions and that development of the general merchandise/grocery component will allow the recapture of lost sales -tax dollars. Lastly, the Economic Development Element recognizes that the area around freeway interchanges may represent an opportunity for commercial development. As the Project is located less than three-quarters of a mile from the Pomona freeway, it has good freeway access. The fact that the Economic Development Element recognizes seven areas where growth could be targeted does not mean that growth should be discouraged in other areas if an opportunity arises; the Project is consistent with the following policies: Policy 2.2 which provides that the City should take an active role in attracting commercial activities that are financially beneficial to the City; Policy 2.3 which provides that the City should encourage certain types of 6 3 Ma MI O 13 O N M CL G) cD ~D ~ ~ N A VnN pp m ~KGIT- ~ H uuwi nui u N y l ~4~ n A a~aa 00 - ngR.n L'-XHI017 a?A-P~ The Land Use Element of the Rosemead General Plan shall be modified as follows: A. The land use map shall be amended by changing the designation of the Subject Property from "Office/Light Industrial" to "Commercial." B. The description of "Commercial" on page LU-4 shall be amended to read as follows: Commercial - The commercial designation applies to the twe three commercial centers of the community - the traditional downtown business district at Valley and Rosemead Blvds., and the center of the southern area of the City at Garvey Avenue and San Gabriel BoulevardLand-the commercial areas adjacent to Valley Boulevard and Garvey Avenue: and the 22+ acre parcel at Walnut Grove Ave. and Rush Street. These areas are intended for more intense traffic and may even serve a subregional market. The floor area ratio or lot coverage of 1:1 is the maximum permitted in this area. C. The last sentence of the second paragraph on LU-21 relating to Planning Area 8 is amended to read as follows: Commercial activity is limited to the area surrounding the Pomona Freeway/San Gabriel Valley Boulevard interchange in the vicinity of the regional shopping center located southwest of the interchange and the area of Walnut Grove Avenue and Rush Street. EXHIBIT GPA-B uses that will complement and contribute to the economic well being of the neighboring activities. C. The City Council finds that the amended General Plan land use designation of "Commercial" is consistent with the "C-3, Medium Commercial" zoning designation. SECTION 3. LOCATION OF RECORD Documents and other material constituting the record of the proceedings upon which the City's decision and its findings are based are located at the City of Rosemead Planning Department, located at 8838 East Valley Boulevard, Rosemead, California 91770, in the custody of Brad Johnson, Director of Planning. On motion by Council Member Imperial , seconded by Council Member Vasquez the foregoing resolution was passed and adopted this Sth day of September, 2004, by the City Council of the City of Rosemead, California by the following vote: AYES: Alarcon, Vasquez, Clark, Taylor, Imperial NAYES: None ABSTAIN: ABSENT: None 2* r O.A~ MARGA T CLARK, MAYOR ATTEST: I hereby certify that the foregoing Resolution No. 2004-37 was duly and regularly adopted by the Rosemead City Council at a,-egular meeting held on the 8th day of September 2004, by the follwoing vote: NANCY VA DERRAMA _ CITY CLERK Yes: Clark, Vasquez, Imperial, Taylor, Alarcon No: None, Absent: None, Abstain: None EXHIBIT GPA-A - General Plan Land Use Map city Clerk GPA-B - General Plan Land Use Element Text Change 7 0 0