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CC - 2021-40 - Approving Modification 21-03 and Zone Variance 21-01 to eliminate the density bonus granted to Design Review 16-04 and to deviate from the height requirement for the development site located at 8449 Garvey Avenue (APN No. 5288-004-098).RESOLUTION NO. 2021-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 21-03 AND ZONE VARIANCE 21-01 TO ELIMINATE THE DENSITY BONUS GRANTED TO DESIGN REVIEW 16-04 AND TO DEVIATE FROM THE HEIGHT REQUIREMENT FOR THE DEVELOPMENT SITE LOCATED AT 8449 GARVEY AVENUE (APN NO. 5288-004-098), IN THE MEDIUM COMMERCIAL WITH A RESIDENTIAL/COMMERCIAL MIXED-USE AND DESIGN OVERLAY (C-3/RC-MUDO/D-0) ZONE WHEREAS, on May 19, 2021, Waikiki Property LLC submitted a Modification Zone and a Variance application requesting to eliminate the density bonus granted to Design Review 16-04 and to deviate from the height requirement; and WHEREAS, this property located at 8449 Garvey Avenue is located in the C-3/RC- MUDO/D-0 zone; and WHEREAS, Section 17.120. 100. C of the Rosemead Municipal Code provides the criteria for authorizing changes to an approved project by the original review authority; WHEREAS, Section 17.140.040 of the Rosemead Municipal Code provides the criteria for a Variance; WHEREAS, Sections 65800 and 65900 of the California Government Code and Sections 17.120.100.0 and 17.140.040 of the Rosemead Municipal Code authorizes the City Council to approve, conditionally approve, or deny Modifications and Variances; WHEREAS, on August 26, 2021, 49 notices were sent to property owners within a 300 - foot radius from the subject property, the notice was published in the Rosemead Reader, and notices were posted in six (6) public locations and on site, specifying the availability of the application, and the date, time, and location of the public hearing for Modification 21-03 and Zone Variance 21-01; WHEREAS, on September 7, 2021, the City Council held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 21-03 and Zone Variance 21-01; and WHEREAS, the City Council has sufficiently considered all testimony and all other information presented to them in order to make the following determination. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS: 1 SECTION 1. CEQA. The CITY COUNCIL HEREBY DETERMINES that Modification 21-03 and Zone Variance 21-01 are classified as Class 1 Categorical Exemptions, pursuant to Section 15301 of CEQA guidelines. Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. SECTION 2. The City Council HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 21-03 in accordance with Section 17.120.100.0 of the Rosemead Municipal Code as follows: A. Per Rosemead Municipal Code, Section 17.120.100.C, a proposed change that does not comply with the criteria identified in subsection B of [RMC Section 17.120.100], or any other provision of the Zoning Code, may only be approved by the original review authority for the project through a modification permit application filed and processed in compliance with [RMC Chapter 17.120]. FINDING: The application for a density bonus is not mandated by law. Staff has verified that the proposed modification to eliminate the density bonus would still be in compliance with almost all applicable sections of the Rosemead Zoning Code. In addition, the modification would yield no physical change to the exterior elevation of the building. Furthermore, the reduction of the nine residential units would result in more commercial square footage and provide additional amenities for residents to shop and dine in close proximity. The modification would not affect development traffic. A Revised Trip Generation Comparison and CEQA Vehicle Miles Traveled Summary was completed by Stantec Traffic Engineering, which concluded that the modified project generates less peak hour and daily traffic than the original project. In addition, there would be no adverse impacts on the roadway network and no off-site roadway improvements are required. Furthermore, it is presumed to have less - than -significant impacts on VMT. The City's Traffic Consultant has reviewed the summary and found it acceptable. SECTION 3. The City Council HEREBY FINDS AND DETERMINES that facts do exist to justify approving Zone Variance 21-01 in accordance with Section 17.140.040 of the Rosemead Municipal Code as follows: A. There are special circumstances or conditions applicable to the subject property (such as location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning district; FINDING: The subject property is unique as its located within one of four areas in the City that is designated with a residential/commercial mixed-use overlay. One of the overall goals of the mixed-use overlay is to ensure compatibility between adjacent uses, especially single-family residential, and other mixed-use projects. The incorporation of the additional commercial uses will provide the residents with more amenities under one development. In addition, the height of 2 the building and stories, as originally approved by the City Council, is consistent with other mixed- use projects within the vicinity. Furthermore, the subject site contains a larger street frontage along Garvey Avenue and is wider than other residential/commercial mixed-use development sites within the vicinity that have recently completed construction or under construction. The lot dimensions of the project site are 220.70 feet (width) by 170 feet (depth), whereas the residential/commercial mixed-use development at 8408 Garvey Avenue is at 144.93 feet (width) by 295 feet (depth) and 8479 Garvey Avenue is 77.43 feet (width) by 309.67 feet (depth). The aforementioned sites within the vicinity of the project have the ability to distribute the mixed-use development along the depth of the lot. The subject site does not contain the privilege of a lot with a longer depth, as the subject site is almost square in nature. The lot dimensions create a physical constraint, and the developer must construct upwards to maximize development on the project site. B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning district; FINDING: The subject site is located in the C-3 zone with an RC-MUDO. The residential/commercial mixed-use overlay is intended to revitalize commercial areas by integrating residential uses into the commercial fabric, creating an active pedestrian -oriented street life throughout the day, and enhancing the vitality of businesses. Mixed-use developments work best when they are located near other mixed-use developments. The project would maintain the height and number of stories as originally approved by the City Council and is consistent with other mixed-use projects within the vicinity. The vertical distance of the structure on the project site from grade to the highest point of the roof is 44 feet, which is within the height maximum of 45 feet. The additional 11 feet is needed for architectural elements that will enhance the fagades of the building. These elements are not a functional portion of the building and strictly for the screening of mechanical equipment and decorative purposes. The City Council reviews projects on a case-by-case basis and certain deviation request(s) from strict compliance to the Zoning Code may be granted should it result in a higher quality project and improve the quality of life for surrounding area, community and the City as whole. Inasmuch, the requested deviation would ensure that the project would still be consistent with developments in the surrounding area. C. Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and FINDING: The project would maintain the height and number of stories as originally approved by the City Council. Within the surrounding area, there are a few four-story residential/commercial mixed-use developments that have recently completed construction or under construction with building heights ranging from 48 feet to 49 feet. The vertical distance of the structure on the project site from grade to the highest point of the roof is 44 feet, which is within the height maximum of 45 feet. The additional 11 feet is needed for architectural elements that will enhance the fagades of the building. These elements are not a functional k] portion of the building and strictly for the screening of mechanical equipment and decorative purposes. The City Council reviews projects on a case-by-case basis and certain deviation request(s) from strict compliance to the Zoning Code may be granted should it result in a higher quality project and improve the quality of life for surrounding area, community and the City as whole. Inasmuch, the requested deviation would ensure that the project would still be consistent with developments in the surrounding area. The granting of the proposed variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated as the subject site contains a larger street frontage along Garvey Avenue and is wider than other residential/commercial mixed-use development sites within the vicinity that have recently completed construction or under construction. The lot dimensions of the project site is 220.70 feet (width) by 170 feet (depth), whereas the residential/commercial mixed-use development at 8408 Garvey Avenue is at 144.93 feet (width) by 295 feet (depth) and 8479 Garvey Avenue is 77.43 feet (width) by 309.67 feet (depth). The aforementioned sites within the vicinity of the project have the ability to distribute the mixed-use development along the depth of the lot. The subject site does not contain the privilege of a lot with a longer depth, as the subject site is almost square in nature. The lot dimensions create a physical constraint, and the developer must construct upwards to maximize development on the project site. The project would maintain the height and number of stories as approved by the City Council for Design Review 16-04. The vertical distance of the structure from grade to the highest point of the roof is 44 feet, which is within the height maximum of 45 feet. The additional 11 feet is needed for architectural elements that will enhance the fagades of the building. These elements are not a functional portion of the building and strictly for the screening of mechanical equipment and decorative purposes. D. The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel. FINDING: A residential/commercial mixed-use development is permitted in the C-3/RC- MUDO/D-O zone. The requested Variance does not affect the use. SECTION 4. The City Council HEREBY APPROVES Modification 21-03 and Zone Variance 21-01, to eliminate the density bonus and to deviate from the height requirement. SECTION 5. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED, APPROVED, AND ADOPTED this 7th day of September, 2021. Polly L ayor Ll APPROVED AS TO FORM: Rachel Richman, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) ATTEST: �2 Erick ernan ez, City Clerk I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution, No. 2021-40, was duly adopted by the City Council of the City of Rosemead, California, at a special meeting thereof held on the 7th day of September, 2021, by the following vote, to wit: AYES: ARMENTA, CLARK, DANG, LOW, LY NOES: NONE ABSENT: NONE ABSTAIN: NONE Ericka rnandez, City Clerk 5 EXHIBIT "A" MODIFICATION 21-03 AND ZONE VARIANCE 21-01 8449 GARVEY AVENUE (APN: 5288-004-098) CONDITIONS OF APPROVAL September 7, 2021 Modification 21-03 and Zone Variance 21-01 (Project) shall be in compliance and remain in compliance with all Conditions of Approval for Design Review 16-04, in addition to the Conditions of Approval for project. 2. Project is approved for the elimination of the density bonus and to provide relief from Rosemead Municipal Code Section 17.28.030.D.13.a.1. The modifications shall be in accordance with the plans marked Attachment "E", dated August 25, 2021. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 3. The conditions listed on this exhibit shall be copied directly onto any development plans. All conditions shall be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 4. Approval of Project shall not take effect for any purpose until the applicant(s) have filed with the City of Rosemead ("City") a notarized affidavit stating that he/she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions within ten (10) days from the City Council approval date. 5. The on-site public hearing notice posting shall be removed by the end of the 10 -day appeal period of Project. 6. Project is approved for a period of one (1) year. The applicant shall commence the proposed use or request an extension within 30 -calendar days prior to expiration. The one (1) year initial approval period shall be effective from the City Council approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning Division, Building Division, and Public Works Department, so long as the project is not abandoned. If Project has been unused, abandoned, or discontinued for a period of one (1) year it shall become null and void. 7. The City Council hereby authorizes the Planning Division to make and/or approve minor modifications to the project and to these conditions of approval. 8. Project is granted or approved with the City and its City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the 10 modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City and its City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Project. 9. The applicant(s) shall defend, indemnify, and hold harmless the City of Rosemead and/or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead and/or its agents, officers, or employees to attack, set side, void, or annul, an approval of the City Council concerning the project, which action is brought within the time period provided by law. 10. The applicant(s) shall comply with all Federal, State, and local laws relative to the approved project, including the requirements of the Planning, Building, Public Works, Fire, Sheriff, and Health Departments. 11. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. 7