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PC - 2020-09 - Recommending the City Council adopt the MND and Mitigation monitoring and reporting program, & approve General Plan 19-01, Zone Change 19-01, Planned Development 19-01, & Tentative Tract Map 82875 Located at 3133-3141 Willard Ave PC RESOLUTION 20-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVE GENERAL PLAN AMENDMENT 19-01,ZONE CHANGE 19-01, PLANNED DEVELOPMENT 19-01, TENTATIVE TRACT MAP 82875, AND FOR THE CONSTRUCTION OF 31 RESIDENTIAL TOWNHOME UNITS. THE SUBJECT SITE IS LOCATED AT 3133-3141 WILLARD AVENUE (APNS: 5288-004-054&5288-003-057), IN THE LIGHT MULTIPLE RESIDENTIAL ZONE (R-2). WHEREAS, on October 9, 2019, The Olson Company submitted entitlement applications for the construction of 31 residential townhome units; and WHEREAS, 3133 and 3141 Willard Avenue are located in the R-2 zone; and WHEREAS, Rosemead Municipal Code Section 17.152.060 provides the purpose and criteria for a general plan amendment and zone change; and WHEREAS, Rosemead Municipal Code Section 17.24.040 and 17.152.060 provides the criteria for a planned development; and WHEREAS, Section 66474 et seq of the Subdivision Map Act and Rosemead Municipal Code Chapter 16.04 provides the criteria for a tentative tract map; and WHEREAS, Sections 65800 &65900 of the California Government and Rosemead Municipal Code Sections/Chapter 16.04, 17.24.040 and 17.152.040 authorizes the Planning Commission provide a written recommendation and reasons for the recommendation to the City Council whether to approve, approve in modified form, or deny the general plan amendment and planned development; and WHEREAS, in September 2020, an Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared a Draft Mitigated Negative Declaration. WHEREAS, on September 24, 2020, forty-six (46) 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, published in the Rosemead Reader, and filed with the Los Angeles County Clerk, specifying the availability of the application, plus the date, time, and location of the public hearing for General Plan Amendment 19-01, Zone Change 1 19-01 Planned Development Review 19-01, and Tentative Tract Map 82875, pursuant to California Government Code Section 65091(a)(3); and WHEREAS, on October 19, 2020, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to General Plan Amendment 19-01, Zone Change 19-01 Planned Development Review 19-01, and Tentative Tract Map 82875; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission hereby makes a finding of adequacy with the Mitigated Negative Declaration and HEREBY RECOMMENDS that the City Council adopt the Mitigated Negative Declaration as the environmental clearance for General Plan Amendment 19-01, Zone Change 19-01 Planned Development Review 19-01, and Tentative Tract Map 82875. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving General Plan Amendment 19-01 in accordance with Rosemead Municipal Code Section 17.152.060(A) as follows: A. The amendment is internally consistent with all other provisions of the General Plan. FINDING: The proposed amendment will change the land use designation of the subject parcel from Medium Density Residential to High Density Residential. The subject site is currently zoned R-2 on the Zoning Map. However, the applicant is proposing a zone change to amend the Zoning Map of the subject site from the R-2 to P-D zone. According to the General Plan and Zoning Ordinance Consistency Table in the General Plan, the P-D zone is a corresponding zone district to the High Density Residential land use designation. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. FINDING: The existing land use designation of the subject site is Medium Density Residential. The subject site consists of two parcels totaling approximately 1.2 acres of land developed with two existing residential structures. The proposed amendment would change the land use designation to High Density Residential for the construction of 31 residential townhome units. The subject site is located in a medium density residential neighborhood, therefore, will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 2 The City has completed an Initial Study/Draft Mitigated Negative Declaration for the proposed project pursuant to Section 15070(b) of the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared a Draft Mitigated Negative Declaration. 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 subject site is located in a residential neighborhood, therefore, the amendment to the High Density Residential land use designation for the construction of 31 residential townhome units will be physically suitable for the subject site. The subject site is currently designated as Medium Density Residential and is currently utilized as residential use. In addition, a traffic impact study was completed for the project to assess project- related traffic impacts. The traffic counts were taken in February 2020 when school was in full session. The study concluded that the 31 residential townhome units proposed are not considered a substantial number of units and is not expected to generate additional school-related pedestrian trips. Furthermore, it can be expected that some of the existing vehicular traffic associated with the school might be slightly reduced by the proposed project as the proximity of the project site to the school would incentivize families with school-age children to take residence at the site and take advantage of this convenience. To help improve existing conditions, the project applicant has offered to work with the City and Garvey School District to investigate the feasibility of a cross walk for pedestrian use. The City's Traffic Engineering Consultant has reviewed the traffic study and finds it acceptable and the study has been applied in the Draft Mitigated Negative Declaration. SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Zone Change 19-01 in accordance with Rosemead Municipal Code Section 17.152.060(B) as follows: A. The amendment is internally consistent with all other provisions of the General Plan. FINDING: The proposed zone change will amend the Zoning Map of the subject site from the R-2 to P-D zone. According to the General Plan and Zoning Ordinance Consistency Table in the General Plan, the P-D zone is a corresponding zoning district to the High Density Residential land use designation. For this reason, the proposed 3 amendment is consistent with the General Plan. In addition, the subject site 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. FINDING: The existing zone of the subject site is R-2. The subject site consists of two parcels totaling approximately 1.2 acres of land developed with two existing residential structures. The proposed amendment would change the zone from R-2 to P- D for the construction of 31 residential townhome units. The subject site is located in residential neighborhood, therefore, will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The City has completed an Initial Study/Draft Mitigated Negative Declaration for the proposed project pursuant to Section 15070(b) of the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared a Draft Mitigated Negative Declaration. C. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. FINDING: The proposed amendment would change the zone from R-2 to P-D for the construction of 31 residential townhome units. The P-D zone is intended to provide for developments that are characterized by innovative use and design concepts. The minimum area for a P-D project is one acre. The subject site consists of two parcels totaling approximately 1.2 acres. In addition, the proposed development would be in compliance with the applicable development standards of the Rosemead Zoning Code. D. 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 subject site is located in a residential neighborhood, therefore, the zone change to a P-D zone is physically suitable for a 1.2 acre site. There is no change in use as the subject site is currently zoned R-2 and utilized as residential use. In addition, a traffic impact study was completed for the project to assess project- related traffic impacts. The traffic counts were taken in February 2020 when school was in full session. The study concluded that the 31 residential townhome units proposed are 4 not considered a substantial number of units and is not expected to generate additional school-related pedestrian trips. Furthermore, it can be expected that some of the existing vehicular traffic associated with the school might be slightly reduced by the proposed project as the proximity of the project site to the school would incentivize families with school-age children to take residence at the site and take advantage of this convenience. To help improve existing conditions, the project applicant has offered to work with the City and Garvey School District to investigate the feasibility of a cross walk for pedestrian use. The City's Traffic Engineering Consultant has reviewed the traffic study and finds it acceptable and the study has been applied in the Draft Mitigated Negative Declaration. _ SECTION 4. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Planned Development Review 19-01 in accordance with Rosemead Municipal Code Section 17.24.040 and 17.152.060(B) as follows: A. The proposed amendment is consistent with the General Plan and any applicable specific plan. FINDING: According to the General Plan and Zoning Ordinance Consistency Table in the General Plan, the P-D zone is a corresponding zoning district to the High Density Residential land use designation. For this reason, the proposed amendment is consistent with the General Plan. In addition, the subject site 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. FINDING: The P-D district is intended to provide for developments that are characterizedby innovative use and design concepts. This zone provides for a new development to offer amenities, quality, design excellence and other similar benefits to the community and not be inhibited by strict numerical development standards. The subject site is. located in a residential neighborhood, therefore, the development of 31 residential townhome units will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The City has completed an Initial Study/Draft Mitigated Negative Declaration for the proposed project pursuant to Section 15070(b) of the California Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared a Draft Mitigated Negative Declaration. C. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. 5 FINDING: The P-D zone is intended to provide for developments that are characterized by innovative use and design concepts. The minimum area for a P-D project is one acre. The subject site consists of two parcels totaling approximately 1.2 acres. In addition, the proposed development would be in compliance with the applicable development standards of the Rosemead Zoning Code. D. 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 P-D zone is designated to accommodate various types of development such as residential developments. The minimum lot area for a P-D project is one acre. The subject site consists of two parcels totaling approximately 1.2 acres. The proposed development would be in compliance with the applicable development standards of the Rosemead Zoning Code. In addition, a traffic impact study was completed for the project to assess project- related traffic impacts. The traffic counts were taken in February 2020 when school was in full session. The study concluded that the 31 residential townhome units proposed are not considered a substantial number of units and is not expected to generate additional school-related pedestrian trips. Furthermore, it can be expected that some of the existing vehicular traffic associated with the school might be slightly reduced by the proposed project as the proximity of the project site to the school would incentivize families with school-age children to take residence at the site and take advantage of this convenience. To help improve existing conditions, the project applicant has offered to work with the City and Garvey School District to investigate the feasibility of a cross walk for pedestrian use. The City's Traffic Engineering Consultant has reviewed the traffic study and finds it acceptable and the study has been applied in the Draft Mitigated Negative Declaration. SECTION 5. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Tentative Tract Map 82875 in accordance with Section 66474 et seq of the Subdivision Map Act and Rosemead Municipal Code Chapter 16.04 as follows: A. That the proposed map is consistent with applicable general and specific plans as specified in Section 65451. FINDING: Tentative Tract Map 82875 will consolidate two existing parcels totaling 1.2 acres for the creation of 31 legal condo parcels for the development of 31 residential townhome units. The project includes an amendment to the General Plan. The proposed amendment will change the land use designation of the subject parcel.from Medium Density Residential to High Density Residential. The High Density Residential land use 6 designation allows a density of 30 units per acre. The density proposed is within the allowed density. There is no applicable specific plan. B. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. FINDING: Tentative Tract Map 82875 will consolidate two existing parcels totaling 1.2 acres for the creation of 31 legal condo parcels for the development of 31 residential townhome units. The project includes an amendment to the General Plan. The proposed amendment will change the land use designation of the subject parcel from Medium Density Residential to High Density Residential. The High Density Residential land use designation allows a density of 30 units per acre. The density proposed is within the allowed density. In addition, several conditions of approval and mitigation measures have been incorporated making the site physically suitable for a residential planned development. C. That the site is physically suitable for the type of development. FINDING: The P-D zone is designated to accommodate various types of development such as residential developments. The minimum lot area for a P-D project is one acre. The subject site consists of two parcels totaling approximately 1.2 acres. The proposed development would be in compliance with the applicable development standards of the Rosemead Zoning Code. In addition, the site is surrounded by residential uses and an elementary school. With the recommended conditions of approval and mitigation measures have been incorporated making the site physically suitable for a residential planned development. D. That the site is physically suitable for the proposed density of development. FINDING: Tentative Tract Map 82875 will consolidate two existing parcels totaling 1.2 acres for the creation of 31 legal condo parcels for the development of 31 residential townhome units. The project includes an amendment to the General Plan. The proposed amendment will change the land use designation of the subject parcel from Medium Density Residential to High Density Residential. The High Density Residential land use designation allows a density of 30 units per acre. The density proposed is within the allowed density. With the recommended conditions of approval and mitigation measures have been incorporated making the site physically suitable for a 31-unit residential planned development. E. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. FINDING: No There are no fish or wildlife occurring on the project site or in the vicinity of the project site. The City has completed an Initial Study/Draft Mitigated Negative Declaration for the proposed project pursuant to Section 15070(b) of the California 7 Environmental Quality Act (CEQA). The Initial Study was undertaken for the purpose of deciding whether the "project" may have a significant effect on the environment. On the basis of the analysis within the Initial Study, the City has concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures and has therefore prepared a Draft Mitigated Negative Declaration. In addition, the General Plan does not identify any biological resources within the City. There are no species identified as endangered, candidate, sensitive, or special status species within the limits of either the site or in the immediate area. Consequently, no significant impact would occur to any sensitive species designated by the resources agencies as a result of Project implementation. F. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. FINDING: The project has been reviewed by the Community Development Department, Public Works Department, and the Public Safety Department to determine if the proposed development will be detrimental to the public interest, health, safety, convenience, or welfare of the City. With implementation of the recommended conditions of approval and mitigation measures, the proposed development is not anticipated to cause public health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. FINDING: The City Engineer has reviewed this proposed subdivision relative to the adjacent right-of-way. Vehicular access to the project site will be provided from Willard Avenue and will be privately maintained. Based on this review, it is determined that the design and construction of the project would preserve public safety and provide adequate access and circulation for vehicular and pedestrian traffic. In addition, the City's Traffic Engineering Consultant has deemed the traffic study and on-street parking evaluation acceptable and has also incorporated conditions of approval to ensure that any potential traffic related issue or on-street parking issue is mitigated. SECTION 6. The Planning Commission HEREBY RECOMMENDS CITY COUNCIL APPROVAL of General Plan Amendment 19-01, Zone Change 19-01 Planned Development Review 19-01, and Tentative Tract Map 82875 for the construction of 31 residential townhome units. 8 SECTION 7. This resolution is the result of an action taken by the Planning Commission on October 19, 2020, by the following vote: AYES: BERRY, LEUNG, LOPEZ, TANG, AND VUONG NOES: NONE ABSTAIN: NONE ABSENT: NONE SECTION 6. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED, and ADOPTED this 19th day of October, 2020. 4` Daniel Loaf ha,, CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 19th day of October, 2020, by the following vote: AYES: BERRY, LEUNG, LOPEZ, TANG, AND VUONG NOES: NONE ABSTAIN: NONE ABSENT: NONE c/ ,C .� - 20 Ange a Frausto-Lupo, Secreta VEDA TO FORM: Kane Thuye , Planning Commission Attorney Burke, Williams & Sorensen, LLP 9