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CC - Minutes 08-10-04NOT OFFICIAL UNTI; MINUTES OF THE REGULAR MEETING ADOPTED BY THE r.'OSEMEAD ROSEMEAD CITY COUNCIL AUGUST 10, 2004 CITY COUNCIL The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 8:00 p.m, in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Mayor Pro Tem Imperial The Invocation was delivered by Bante Chau Chu of the Rosemead Buddhist Monastery. ROLL CALL OF OFFICERS: Present: Councilmembers Alarcon, Vasquez, Taylor, Mayor Pro Tern Imperial, and Mayor Clark Absent: None APPROVAL OF MINUTES: JULY 13, 2004 - REGULAR MEETING MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM IMPERIAL that the Minutes of the Regular Meeting of the Rosemead City Council held on July 13, 2004, be approved as submitted. Vote resulted: Yes: Alarcon, Clark, Imperial, Taylor, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES JULY 27, 2004 - REGULAR MEETING Councilman Taylor requested that the aforementioned Minutes be deferred for his corrections. There being no objection, the Minutes will be deferred. PRESENTATIONS: None 1. ORAL COMMUNICATIONS FROM THE AUDIENCE Joyce Nakano, 8341 E. Sierra Bonita, Rosemead, expressed her concerns that Wal-Mart will increase air pollution, congestion, traffic, noise, and the added danger to school children from delivery trucks driving on Delta. ccnnN:8-10-04 Page # I Ving Low, 1039 La Presa Avenue, Rosemead, expressed his concern that Wal-Mart will cause people to move out of the area, as he will should the store be built. Mr. Low stated that other businesses cannot compete with them, that Wal-Mart pays low wages, and they buy low to sell low, forcing suppliers to sell at their prices. Mary Weidner, 2633 Walnut Grove, Rosemead stated she attended the Los Angeles City Council meeting today regarding their proposal to ban Wal-Mart in Southern California. Ms. Weidner asked the Rosemead Council to join the City of Los Angeles in their efforts: Celia Nishimura, 1634 N. Delta, South San Gabriel, stated the U.C. Berkeley - Hidden Cost of Wal-Mart Jobs study, indicates that many Wal-Mart workers had to rely on public assistance costing $86 million per year, that the video "Store Wars" ranks Wal-Mart last in charitable donations or community involvement, and causes the closure of small businesses. Juan Nunez, 2704 Del Mar, Rosemead, left the Council a copy of the U.C. Berkeley study. Mr. Nunez stated that new bus shelters proposed for the San Gabriel Boulevard Improvement Project should not be covered. Mr. Nunez stated that the bus shelters will be graffitied, vandalized and painted over as are the shelters the City has now. Mr. Nunez continued that people congregate at the bus stops, drinking and dealing drugs. Mr. Nunez concluded that there should not be any bus benches or bus shelters furnished. Councilman Taylor stated that he observed about 50-60 loitering and meandering around Garvey and San Gabriel Boulevard this morning. Mr. Taylor explained that the City has no right. to check on them, and that he finds this situation frustrating. Mayor Pro Tern Imperial explained that there are no longer any loitering or vagrancy laws, and that the City and the Sheriffs are doing everything they can. Mr. Nunez concluded that bus bench shelters are just another opportunity for taggers. Peggy Bauman, 8305 Scenic Drive, South San Gabriel, expressed her concerns that the 14' wall proposed between Wal-Mart and the condos will be covered with graffiti; the increase in pollution will affect the health of school children and residents; the ihcrease of Wal-Mart truck traffic on Delta Avenue and will hinder the ability of emergency vehicles to get through. H. PUBLIC HEARINGS A. ORDINANCE NO. 834 - APPROVING ZONE CHANGE 03-217 AND TENTATIVE TRACT MAP 60158 - 8470 MISSION DRIVE Brad Johnson, Planning Director, presented the staff report. Mayor Pro Tern Imperial asked Mr. Lee, the developer, if he will see this project to the finish, unlike his project on Marshall Street that started and then stopped for two years. CCMIN:9-10-04 Page #2 The Mayor opened the public hearing for those in the audience wishing to speak in favor of this item. Tom Lee, 930 Hampton Road, Arcadia, the developer, stated that this project will take approximately six months to complete. Mr. Lee explained that his Marshall Street project took place during a recession and the development was built in two phases. There being no one else wishing to speak in favor of the project, the Mayor opened the public hearing for anyone wishing to speak in opposition of the project. There being no one wishing to speak in opposition, the Mayor closed the public hearing, Councilman Taylor asked if the 12-unit project four blocks to the east is zoned R-1? Brad Johnson, Planning Director, replied that the project to the east was also changed to a PD Zone. Councilman Taylor asked what the zoning was before that. Mr. Johnson replied that two parcels were zoned R-1 and the other R-3. Councilman Taylor asked how many homes are being built in the project next door to that? Mr. Johnson, replied that 17 homes will be built, and the property is currently zoned R-1. Mr. Johnson further explained that the project is a straight tract map subdivision, and that every lot will have frontage on a public street and meet the minimum 6000 square foot lot size required by the R-1 Zone. Councilman Taylor stated that the only advantage to changing the project from R-1 to PD is to enable the developer to include more homes in the development. Mr. Taylor continued that if the project was left R-1, they would probably lose two houses. Mr. Johnson, replied that various conditions required by the MAP Act require increasing the street size, which would result in the loss of more than a couple of houses. Councilman Taylor stated that he finds it conflicting when changing an R-1 to PD to get rid of the requirements of the R-I zoning, which is 6000 square feet with 25' backyard setbacks. Mr. Johnson replied that backyard setbacks are 25' or 20% of the depth of the lot, and that all of the R-1 development standards are being met in this design when the 20% depth figure is applied. Mr. Johnson continued that the 20% figure is meant for shallower lots to have smaller backyards. CCNIIN:8-10-04 Page 43 Councilman Taylor confirmed then that means that half of the homes on the east side would have 15' rear yard setbacks. Mr. Taylor stated that he is concerned with how the City switches back and forth from R-1 to PD. Mr. Johnson explained that it is not a matter of taking out a few homes to meet the R-1 standards. Mr. Johnson said that doing so would affect the public street versus private street and the maximum number of lots allowed. Mr. Johnson continued that the street would then have to be widened from 26' to 36' which would affect a significant portion of the site. Mayor Clark stated that she had a similar concern with the lots not being 6000 square feet. Mrs. Clark explained that the total amount of footage in the project divided by 13 homes results in more then 6000 square feet. Mayor Clark continued that what the PD is solving is the strange configuration of the lots and having to build a street through it. Mrs. Clark said that the square footage in a 6000 foot R-1 lot would be eaten up building a 36' street. Mr. Johnson stated that the project meets the density requirements of the General Plan for this portion of the City. MOTION BY COUNCILMAN ALARCON, SECOND BY COUNCILMAN VASQUEZ that the Council introduce Ordinance No. 834 approving Zone Change 03-217, amending the Rosemead Zoning designation from R-1; "Single Family Residential" to PD; "Planned Development; adopt a Negative Declaration finding that this project will not have any adverse effects on the environment. Vote resulted: Yes: Alarcon, Vasquez, Clark, Imperial No: Taylor Absent: None Abstain: None The Mayondeclared said motion duly carried and so ordered. Councilman Taylor stated for the record that he vote No because he opposes the size of the lots, the substandard rear yard setbacks and the 26' wide street. M. LEGISLATIVE A. RESOLUTION NO. 2004-28 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2004-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $130,324.13 NUMBERED 46063 THROUGH 46114 CCMIN:8-10-04 Pagc a4 MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN ALARCON that the Council adopt Resolution No. 2004-28. Vote resulted: Yes: Alarcon, Clark, Imperial, Taylor, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. 2. RESOLUTION NO. 2004-29 - CLAIMS AND DEMANDS, RESOLUTION NO. 2004-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $197,830.80 NUMBERED 46023 THROUGH 46205 MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN ALARCON that the Council adopt Resolution No. 2004-28. Before vote could result more discussion ensued. Councilman Taylor asked Michael Burbank, Director of Parks and Recreation, what time period did the charges to Waterline Technologies in the amount of $6741.56 for pool maintenance occur? Michael Burbank, Director of Parks and Recreation replied that Waterline Technologies provides supplies only, and that staff provides their own maintenance. Vote resulted: Yes: Alarcon, Clark, Imperial; Taylor, Vasquez No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR A. AUTHORIZATION TO ATTEND 24TH ANNUAL FALL SEMINAR, CALIFORNIA CONTRACT CITIES ASSOCIATION, OCTOBER 1-3, 2004, OXNARD CCMW:8-10-04 Page s5 MOTION BY COUNCILMAN TAYLOR SECOND BY COUNCILMAN ALARCON that the Council authorize the attendance of any Councilmember, City Manager and staff designee. Vote resulted: Yes: Alarcon, Vasquez, Clark, Taylor, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION - None VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS - None VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 8:55 p.m., in memory of Michael Sparks, a captain with the Los Angeles County Police Department, who was killed in a shooting. The next regular meeting will be held on Tuesday, August 24, 2004, at 8:00 p.m. Respectfully submitted: City Clerk APPROVED: MAYOR CCMIN:8-10-04 Page u6 ORDINANCE NO. 834 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING ZONE CHANGE 03-217, CHANGING THE ZONING FROM "R-1; SINGLE- FAMILY RESIDENTIAL" ZONE TO "PD; PLANNED DEVELOPMENT" ZONE AND TENTATIVE TRACT MAP 60158 LOCATED AT 8470 MISSION DRIVE (APNs: 5372-016-021, 022, 023, 038). WHEREAS, Mr. Tom Lee, filed an application for a Zone Change to change the current "R-1; Single-Family Residential" zone to the "PD; Planned Development' zone; and a Tentative Tract Map to subdivide four existing parcels into thirteen (13) parcels for the development of thirteen (13) new single-family homes located at 8470 Mission Drive; WHEREAS, the City of Rosemead has an adopted general plan, zoning ordinance, and map, including specific development standards to control development; and WHEREAS, Sections 17.116, 17.120 and 16.04 of the Rosemead Municipal Code set forth procedures and requirements for zone changes, amendments and subdivisions; and WHEREAS, on May 27, 2004, an initial study for the draft ordinance was completed finding that the proposed project could not have a significant' effect on the environment, a negative declaration was prepared; and WHEREAS, on May 27, 2004, notices were posted in 10 public locations and 104 notices were 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 hearing pursuant to California Govenmrent Code Section 65091(a)(3); and WHEREAS, on June 21, 2004, the Planning Commission held a public hearing to receive testimony and voted to recommend City Council approval of Zone Change 03-217 and Tentative Tract Map 60158; and WHEREAS, on July 6, 2004 the Planning Commission adopted Resolution 04-18, recommending City Council approval of Zone Change 03-217 and Tentative Tract Map 60158; and WHEREAS, on August 10, 2004, the City Council held a hearing to receive public testimony relative to Zone Change 03-217 and Tentative Tract Map 60158; 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: COllN01_ AGE> D;- AU G 2 4 2004 ITEP1t -o. . e~-~} Ordiaahce No. 834 Zone Change 03-217. Tentative Tract Map 60158 Page 2 of 6 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 not have potential .significant environmental impacts. This conclusion is based upon the record, initial study and comments received during the public review period. Therefore, a 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 judgment in reaching the above conclusion. The City Council, therefore, approves the 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 "PD; Planned Development" zone (Zone Change 03-217) is in the public interest and necessity and general welfare, and good city planning practice dictates and supports the proposed zone change, in that the change to the "PD; 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 Zone Change 03-217 and Tentative Tract Map 60158 meet the City's goals and objectives as follows: A. Land Use: The General Plan designation will remain Low-Density Residential and will allow for the proposed residential properties to be consistent with City codes and land uses in the surrounding area. The density allowed in the General Plan is 0-7 units per acre. This development is designed at 6.8 units per acre. B. Circulation: The subject area is located on Mission Drive in a single-family residential area west of Walnut Grove Avenue and east of Earle Avenue on the south side of the street. The units will have vehicular access via a private drive aisle that will only service the occupants of the units. Mission Drive is a secondary arterial in The City of Rosemead and the number of trips created from thirteen (13) single-family homes will not significantly increase the traffic along Mission Drive. 01dinance No. 834- ' Zalle Change 03-217.. Tentative Tract Map 60158 Page 3 of 6 C. Housing: The proposed Zone Change and Tentative Tract Map will create thirteen (13) additional units. Two of the current parcels are vacant and the remaining two are currently occupied with single-family units. This development will provide needed residential opportunities in the City and will not displace significant numbers of residents and will not have any impacts on housing. The proposed use of the properties will remain residential allowing the properties to be compatible with the Zoning Code and General Plan. D. Resource Management: No resources will be impacted, because the use of the subject properties is for single-family residences and will remain residential in nature with the adoption of these entitlements E. Noise: This development will not generate any permanent impacts to noise levels for the surrounding area. The proposed project will result in additional pedestrian and vehicular traffic noises, but is not considered to be substantial. There will be a temporary increase in , ambient noise levels above the existing levels due to construction activities. An initial study was completed and its findings have determined that this development could not have a significant effect on the environment. F. Public Safety: There will be not be a significant increase in population or density as a result of the Zone Change and'Tentative Tract Map, so the need for more public safety and public areas is not impacted. The entire City of Rosemead is located in Flood Zone C (flood insurance is not mandatory) and 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 not have any potential significant impacts on the environment.. Therefore, staff has prepared and recommends adoption of a Negative Declaration. Section 4. The City Council FURTHER FINDS that facts do exist to justify approving Tentative Tract Map 60158; according to the criteria of Section 16.04 of the Rosemead Municipal Code as follows: A. The proposed division will not be materially. detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity; FINDING: All necessary public improvements will be made prior to the construction of the five proposed residential units. These improvements will be made in front where the access is located when developed. Ordinance No. 834 Zone Change 03-2/7, Tentatwe Tract Map 60158 Page 4 of 6 B. The proposed division will not be contrary to any official plan adopted by the City Council of The City of Rosemead; or to any official policies or standards adopted by the City Council and on file in the office of the City Clerk at or prior to the time of filing of the application hereunder. FINDING: The site is designated for the proper land use designations to permit such a development. The proposed zone change provides for a density of 6.8 units per acre. C. Each proposed parcel conforms in area and dimension to the provisions of zoning and subdivision requirements of The City of Rosemead. FINDING: The "PD; Planned Development" does not have a minimum lot size, but the proposal has been designed to have lot sizes comparable with the surrounding residences in the "R-1; Single-Family Residential" zone. This zone change will allow for adjustments to the minimum lot size and development standards for single-family residential developments. The proposed lots would range in size from 5,002 square feet to 7,506 square feet with the average lot consisting of approximately 5,460 square feet. D. All streets, alleys and driveways proposed to serve the property have been dedicated or such dedication is not required for the protection of public safety, health and welfare and that such streets, alleys and driveways are of sufficient width, design and construction to preserve the public safety and to provide adequate access and circulation for vehicular and pedestrian traffic. FINDING: The City Engineer has reviewed this proposed subdivision relative to the adjacent right-of-way. Access to the proposed parcels is off of a private driveway from Mission Drive, which is a fully improved secondary arterial. The private common driveway has been reviewed by the Los Angeles County Fire Department. Based on these reviews, it is determined that the design and construction of this project would preserve the public safety and provide adequate access and circulation for vehicular and pedestrian traffic. E. Alley easements and covenants required for the approval of the Tentative Map or plot have been duly executed and recorded. FINDING: Prior to recordation of the final tract map, the applicant is required to record a covenant for ingress and egress, utility and drainage easement, fire lane, and the installation of parkway area, as required by the City Engineer. Section 5. The City Council HEREBY APPROVES Zone Change 03-217 and Tentative Tract Map 60158, amending Rosemead Zoning map land use designation from "R-1; Single Family Residential" to "PD; Planned Development" for properties located at 8470 Mission Drive (APNsi Ordinance No. 834 Zone Change 03-217, Tentative Tract Map 60158 Page 5 of 6 5372-016-021, 022, 023, 038). Section 6. 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 7. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED, and ADOPTED this _ day of 2003. MARGARET CLARK, Mayor ATTEST: NANCY VALDERRAMA, City Clerk Ordinance No. 834. - Zone Change 03-217, Tentative Tract Map 60158 Page 6 of 6 STATE OF CALIFORNIA - ) COUNTY OF LOS ANGELES ) CITY OF ROSEMEAD ) . c I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the foregoing Ordinance No. 834 being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING ZONE CHANGE 03-217, CHANGING THE ZONING FROM "R-1; SINGLE-FAMILY RESIDENTIAL ZONE TO "PD; PLANNED DEVELOPMENT" ZONE AND TENTATIVE TRACT MAP 60158 LOCATED AT 8470 MISSION DRIVE (APNs: 5372-016-021, 022, 023, 038). was duly introduced and placed upon first reading at a regular meeting of the City Council on the 10"' day of August. 2004, and that thereafter, said Ordinance was duly adopted. and passed at a regular meeting of the City Council on the day of 2004, by the following vote, to wit: YES: COUNCIL MEMBERS: NO: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: NANCY VALDERRAMA, City Clerk