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CDC - Item 3A - Resolution No. 2004-16 (2)ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NO. 2004-16 2004-2005 A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION ACCEPTING THE CITY OF ROSEMEAD'S CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT BY ADOPTION OF RESOLUTION NO. 2004-36; JOINING IN THE CITY OF ROSEMEAD'S ADOPTION OF A STATEMENT OF OVERRIDING CONSIDERATIONS IN RESOLUTION NO. 2004-39; AND APPROVING DEVELOPMENT PLANS FOR A DEVELOPMENT WITHIN PROJECT AREA NO. 1. (1827 WALNUT GROVE AVENUE) THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION RESOLVES AS FOLLOWS: SECTION 1. Background. A. Development Resource Consultants 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"). The Proposed Project is within the boundaries of Redevelopment Project Area No. 1. 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 required 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 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 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; 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 NO,P/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 2 use permits and recommendation on the General Plan Amendment and Development. Agreement to the City Council along with 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 the Proposed Project at which time it considered all evidence presented, both oral and written. , 1. At the close of the public hearing the City Council took the following actions: 1. Adoption of Resolution No. 2004-36, certifying the EIR for the Proposed Project; 3 2. Adoption of Resolution No. 2004-37 approving the General Plan Amendment changing the designation of the Property from Office/Light Industrial to Commercial and making corresponding text changes; 3. Adoption of Resolution No. 2004-38 upholding the decision of the Planning Commission relative to Parcel Map 26827 and Conditional Use Permits 02-882, 03-939 and 02-883;. 4. Adoption of Resolution No. 2004-39 adopting and approving findings, mitigation measures, a statement of overriding considerations, and a mitigation monitoring program for General Plan Amendment 03-02 and Development Agreement 04-01 and denying the appeal relating to these same CEQA actions for conditional use permits 02-882 for a mini-mall on parcel 2 and 03-939 for alcohol sales at the major tenant on parcel 1. 5. Introduction of Ordinance 836 approving a Development Agreement for the Project Design Alternative. Section 2. The Community Development Commission finds, determines and declares A. The Commission has reviewed the above referenced documents and the Site Plan, Floor Plans, Elevations, Landscape Plans, Colored Elevations and color and material sample boards attached as Exhibits "C" and "D" to City Council Resolution No. 2004-38. B. The Project Design Alternative is consistent with the City's General Plan and the Redevelopment Plan for the reasons set forth in Rosemead City Council Resolution No. 2004-37; C. The Commission accepts the FEIR for the Project Design Atlernative; D. The Commission joins in the findings and determinations made in City Council Resolution 2004-39 and the Statement of Overriding Considerations contained therein and said findings and determinations are incorporated by reference as if fully set forth herein; E. The Commission approves development of the Project Design Alternative pursuant to the Site Plan, Floor Plans, Elevations, Landscape Plans, Colored Elevations and color and material sample boards attached as Exhibits "C" and "D" to Resolution No. 2004-38. 4 Section 4. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this day of , 2004. Margaret Clark, Chairperson ATTEST: Nancy Valderrama, Commission Secretary .