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PC - 2022-07 - Recommdending The City Council Adopt The Mitigated Negative Declaration And Mitigation Monitoring And Reporting Program As The Environmental Determination, And Approve Planned Development 22-01, And Tentative Tract Map 83705 For ThePC RESOLUTION 22-07 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 AS THE ENVIRONMENTAL DETERMINATION, AND APPROVE PLANNED DEVELOPMENT 22-01, ZONE CHANGE 22- 01, GENERAL PLAN AMENDMENT 22-01, AND TENTATIVE TRACT MAP 83705 FOR THE CONSTRUCTION OF 37 RESIDENTIAL UNITS. THE SUBJECT SITE IS LOCATED AT 8601 MISSION DRIVE (APNS: 5389-009-029, 030, AND 031), IN THE SINGLE FAMILY RESIDENTIAL ZONE (R-1). WHEREAS, on February 17, 2022, Mission Villas, LLC submitted entitlement applications for the construction of 37 residential units; and WHEREAS, 8601 Mission Drive is located in the R-1 zone; and WHEREAS, Rosemead Municipal Code Section 17.24.040 and 17.152.060 provides the criteria for a planned development; and WHEREAS, Rosemead Municipal Code Section 17.152.060 provides the purpose and criteria for a zone change and general plan amendment; 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 2022, 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 November 10, 2022, eighty-two (82) notices were sent to property owners within a 300 -feet radius from the subject property and to person(s) that have filed a written request with the City's Clerk Office. In addition the notice was posted at six (6) 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 Planned Development Review 22-01, Zone Change 22-01, General Plan Amendment 22-01, and Tentative Tract Map 83705, pursuant to California Government Code Section 65091(a)(3); and WHEREAS, on December 19, 2022, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to the Mitigated Negative Declaration, Planned Development Review 22-01, Zone Change 22- 01, General Plan Amendment 22-01, and Tentative Tract Map 83705; 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 22-01, Zone Change 22-01 Planned Development Review 22-01, and Tentative Tract Map 83705. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Planned Development Review 22-01 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 Medium 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 characterized by 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 and will continue as a residential use, therefore, the development of 37 residential 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. 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 three vacant parcels totaling approximately 3.378 acres of land. 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 three vacant parcels totaling approximately 3.378 acres of land. The proposed development would be in compliance with the applicable development standards of the Rosemead Zoning Code. A trip generation and vehicle miles traveled (VMT) screening analysis was prepared for the project by Environmental Planning Development (EDP) Solutions, Inc. The technical memorandum evaluated the trip generation and need to prepare a level of service (LOS) or vehicle miles traveled (VMT) analysis for the proposed project based on the City of Rosemead's Transportation Study Guidelines for VMT and LOS Assessment. If a project meets one of the following three criteria listed in the Rosemead's Transportation Study Guidelines for VMT and LOS Assessment, then the VMT impact of the project would be considered less than significant and no further analysis would be required. The proposed project was able to satisfy Screening Criteria 2 — Low VMT Area. The City Engineer has reviewed the VMT analysis and on -street parking evaluation and found it acceptable and the VMT analysis has been included into in the Mitigated Negative Declaration. SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Zone Change 22-01 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-1 to P -D zone. In addition, the proposed amendment will change the land use designation of the subject parcel from Low Density Residential to Medium Density Residential. 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 Medium 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 existing zone of the subject site is R-1. The subject site consists of three vacant parcels totaling approximately 3.378 acres of land. The proposed amendment would change the zone from R-1 to P -D for the construction of 37 residential units. The subject site is located in a residential neighborhood and will continue as a residential use, 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-1 to P -D for the construction of 37 residential 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 three vacant parcels totaling approximately 3.378 acres of land. 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 and will continue as a residential use, therefore, the zone change to a P -D zone is physically suitable for a 3.378 acre site. The subject site is currently surrounding by a majority of residential uses. The proposed residential units would not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. In addition, a trip generation and vehicle miles traveled (VMT) screening analysis was prepared for the project by Environmental Planning Development (EDP) Solutions, Inc. The technical memorandum evaluated the trip generation and need to prepare a level of service (LOS) or vehicle miles traveled (VMT) analysis for the proposed project based on the City of Rosemead's Transportation Study Guidelines for VMT and LOS Assessment. If a project meets one of the following three criteria listed in the Rosemead's Transportation Study Guidelines for VMT and LOS Assessment, then the VMT impact of the project would be considered less than significant and no further analysis would be required. The proposed project was able to satisfy Screening Criteria 2 — Low VMT Area. The City Engineer has reviewed the VMT analysis and on -street parking evaluation and found it acceptable and the VMT analysis has been included into in the Mitigated Negative Declaration. SECTION 4. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving General Plan Amendment 22-01 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 Low Density Residential to Medium Density Residential. The subject site is currently zoned R-1 on the Zoning Map. However, the applicant is proposing a zone change to amend the Zoning Map of the subject site from the R-1 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 Medium 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 Low Density Residential. The subject site consists of three vacant parcels totaling approximately 3.378 acres of land. The proposed amendment would change the land use designation to Medium Density Residential for the construction of 37 residential units. The subject site is located in a low density residential neighborhood and will continue as a residential use, 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-1 to P-D for the construction of 37 residential 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 three vacant parcels totaling approximately 3.378 acres of land. 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 and will continue as a residential use, therefore, the amendment to the Medium Density Residential land use designation for the construction of 37 residential units will be physically suitable for the subject site. The subject site is currently designated as Low Density Residential and is currently surrounded by predominately residential uses. A trip generation and vehicle miles traveled (VMT) screening analysis was prepared for the project by Environmental Planning Development (EDP) Solutions, Inc. The technical memorandum evaluated the trip generation and need to prepare a level of service (LOS) or vehicle miles traveled (VMT) analysis for the proposed project based on the City of Rosemead's Transportation Study Guidelines for VMT and LOS Assessment. If a project meets one of the following three criteria listed in the Rosemead's Transportation Study Guidelines for VMT and LOS Assessment, then the VMT impact of the project would be considered less than significant and no further analysis would be required. The proposed project was able to satisfy Screening Criteria 2 — Low VMT Area. The City Engineer has reviewed the VMT analysis and on-street parking evaluation and found it acceptable and the VMT analysis has been included into in the Mitigated Negative Declaration. SECTION 5. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Tentative Tract Map 83705 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 83705 will consolidate three vacant parcels totaling approximately 3.378 acres of land, for the creation of nine legal parcels for 37 residential units. The project includes an amendment to the General Plan. The proposed amendment will change the land use designation of the subject parcel from Low Density Residential to Medium Density Residential. The Medium Density Residential land use designation allows a density of 12 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 83705 will consolidate three vacant parcels totaling approximately 3.378 acres of land, for the creation of nine legal parcels for 37 residential units. The project includes an amendment to the General Plan. The proposed amendment will change the land use designation of the subject parcel from Low Density Residential to Medium Density Residential. The Medium Density Residential land use designation allows a density of 12 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 three vacant parcels totaling approximately 3.378 acres of land. 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. In addition, several 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 83705 will consolidate three vacant parcels totaling approximately 3.378 acres of land, for the creation of nine legal parcels for 37 residential units. The project includes an amendment to the General Plan. The proposed amendment will change the land use designation of the subject parcel from Low Density Residential to Medium Density Residential. The Medium Density Residential land use designation allows a density of 12 units per acre. The density proposed is within the allowed density. With the recommended conditions of approval and mitigation measures that have been incorporated, the site is physically suitable for a 37 -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: 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 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 and Public Works 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 Mission Drive 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 Engineer has deemed the trip generation and vehicle miles traveled (VMT) screening analysis 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 22-01, Zone Change 22-01 Planned Development Review 22-01, and Tentative Tract Map 83705 for the construction of 37 residential units. SECTION 7. This resolution is the result of an action taken by the Planning Commission on December 19, 2022, by the following vote: AYES: BERRY, ESCOBAR, LOPEZ, TANG, AND UNG 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 191h day of December, 2022. 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 December, 2022, by the following vote: AYES: NOES: ABSTAIN ABSENT: BERRY, ESCOBAR, LOPEZ, TANG, AND UNG NONE NONE NONE APPROVED AS TO FORM: Stephanie Gutierrez, Planning Com ission Attorney Burke, Williams & Sorensen, LLP