CC - Item 4B - Ordinance 926 - Second Reading General Amendment 11-02, Zone Change 11-02, and Modification 12-01 at 2751 Del Mar AvenueROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY CO NCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JANUARY 8, 2013
SUBJECT: ORDINANCE 926 —SECOND READING: GENERAL AMENDMENT 11-
02, ZONE CHANGE 11 -02, AND MODIFICATION 12 -01
2751 DEL MAR AVENUE
SUMMARY
On December 11, 2012, the City Council introduced Ordinance No. 926, approving
general plan amendment 11 -02, and approving zone change 11 -02 located at 2751 Del
Mar Avenue (APN: 5285 - 035 -047). Ordinance No. 926 is now before Council at the
required second reading for adoption.
Staff Recommendation
Staff requests that City Council ADOPT Ordinance No. 926 at its second reading.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared : by:
GLORIA MOLLEDA
CITY CLERK
Attachment A —Ordinance No. 926
ITEM NUMBER:
ORDINANCE NO. 926
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING GENERAL PLAN AMENDMENT 11 -02, CHANGING THE
CURRENT DUAL LAND USE DESIGNATIONS FROM COMMERCIAL
AND MEDIUM DENSITY RESIDENTIAL TO MEDIUM DENSITY
RESIDENTIAL DESIGNATION AND APPROVING ZONE CHANGE 11 -02
CHANGING THE DUAL ZONING CLASSIFICATIONS FROM P
(PARKING) AND R -2 (LIGHT MULTIPLE RESIDENTIAL) ZONES TO R -2
(LIGHT MULTIPLE RESIDENTIAL) ZONE, LOCATED 2751 DEL MAR
AVENUE (APN: 5285 -035- 047).
WHEREAS, on July 19, 2011 Hieu Ngoc Hguyen submitted applications
requesting a General Plan Amendment and a Zone Change in order to eliminate the
dual land use designations and dual zoning classifications for 2751 Del Mar Avenue;
and
WHEREAS, approval of General Plan Amendment 11 -02 would reclassify the
land use designation as Medium Density Residential and Zone Change 11 -02 would
reclassify the zoning classification to R -2 (Light Multiple Residential) zone for the
property located at 2751 Del Mar Avenue; and
WHEREAS, Section 65358 of the California Government Code allows the City
Council, as a legislative body, to amend all or part of the City's adopted General Plan
when it is deemed in the public interest; and
WHEREAS, the City of Rosemead has an adopted Zoning Ordinance and
associated maps, including specific development standards to control development; and
WHEREAS, State Planning and Zoning Law, Title 17, and Chapter 17.116 of the
Rosemead Municipal Code authorizes and sets standards for approval of Zone Change
applications and governs development of private properties; and
WHEREAS, Section 17.116.010 of the City of Rosemead Municipal Code
authorizes the City Council to approve Zone Change applications whenever the public
necessity, convenience, general welfare or good zoning practices justify such action;
and
WHEREAS, City of Rosemead policy encourages consistency of its Zoning Code
with the General Plan and promotes separation of conflicting land uses through good
planning practices; and
WHEREAS, on November 19, 2012, the City of Rosemead Planning Commission
considered General Plan Amendment 11 -02 and Zone Change 11 -02 and
recommended approval to the City Council after the Commission made findings that the
proposed application with the incorporated mitigation measures will not have a
significant impact on the environment; and
WHEREAS, on November 19, 2012, the Planning Commission held a public
hearing to receive testimony, and after hearing all testimonies from the public, the
Commission recommended approval to the City Council of General Plan Amendment
11 -02 and Zone Change 11 -02; and
WHEREAS, on November 19, 2012, the Planning Commission adopted
Resolution 12 -21, thereby recommending approval to the City Council of General Plan
Amendment 11 -02 and Zone Change 11 -02; and
WHEREAS, on November 29, 2012, thirty -seven (37) notices were mailed to all
owners of real property as shown on the latest equalized assessment roll within 300 feet
of the real property subject to General Plan Amendment 11 -02 and Zone Change 11 -02,
a notice was published in the Rosemead Reader on November 29, 2012, and notices
were posted in six (6) public locations, specifying the availability of the application,
Mitigated Negative Declaration, plus the date, time and location of the public hearing
pursuant to California Government Code Section 65091(a)(3); and
WHEREAS, on December 11, 2012, the City Council held a public hearing to
receive public testimony relative to General Plan Amendment 11 -02 and Zone Change
11 -02; and
WHEREAS, the City Council has sufficiently considered all testimony presented
to them and hereby make the following determination:
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Rosemead as follows:
SECTION 1 . The City Council hereby makes a finding of adequacy with the
Mitigated Negative Declaration and HEREBY ADOPTS the Mitigated Negative
Declaration, as the environmental clearance for General Plan Amendment 11 -02 and
Zone Change 11 -02.
SECTION 2. The City Council HEREBY FINDS AND DETERMINES that
General Plan Amendment 11 -02 is in the best interest of the public necessity and
general welfare, and good city planning practice dictates and supports the proposed
General Plan Amendment, in that it eliminates the dual land use designations from
Commercial and Medium Density Residential to Medium Density Residential
designation for 2751 Del Mar Avenue.
SECTION 3. The City Council FURTHER FINDS AND DETERMINES that Zone
Change 11 -02 is consistent with the Rosemead General Plan as follows:
A. Land Use: The proposed zoning will be consistent with the land use
designation of the General Plan. According to the Zoning Ordinance /General Plan
Consistency Matrix (Table LU -2) of the General Plan, the Medium Density Residential
land use designation is consistent with the R -2 (Light Multiple Residential) zone.
B. Circulation: The project proposes to demolish a single family residence
and construct a building for use as a Buddhist Temple with permanent living quarters
onsite. The current use of the site will remain as it was approved in 1987.
C. Housing: The proposed zone change will only eliminate the dual zoning
designations. The project proposes to replace the existing Buddhist Temple with a new
building. The project proposed to serve the same number of guests as the site currently
serves. No change in population growth is expected with the project. The current
property provides one housing unit. The proposed Temple will continue to provide
housing for one resident.
D. Resource Management: The proposed project will replace the existing
Buddhist Temple with a new building. The proposed project will not result in any
change of natural resource as it is located within an urbanized area.
E. Noise: The project is located in an urbanized area adjacent to Del Mar
Avenue and is approximately 200 feet from Garvey Avenue. The existing noise levels
onsite are due to the onsite activities associated with the used of the existing Buddhist
Temple, the traffic on Del Mar and Garvey Avenues, and daily activities of the
residential and commercial uses surrounding the site. The noise that will be generated
by the proposed Buddhist Temple will be similar to the noise levels generated by the
existing Buddhist Temple.
F. Public Safety: Police protection is currently provided by the Los Angeles
County Sheriff Department. Fire protection is currently provided by the Los Angeles
County Fire Department. Replacing the existing Buddhist Temple with a new building
that meets new building codes, will provide a higher level of public safety. The new
project has a low potential for police calls for service.
SECTION 4 . The City Council hereby AMENDS the City's zoning map to change
the zoning of the parcel located at 2751 Del Mar Avenue (APN: 5285- 035 -047) from P
(Parking) and R -2 (Light Multiple Residential) zone to R -2 (Light Multiple Residential)
zone and DIRECTS City Staff to make the appropriate change to the official zoning map
SECTION 5. The City Clerk shall certify to the passage of this Ordinance.
PASSED, APPROVED, AND ADOPTED this a day of Januar, 2013.
Sandra Armenta
Mayor
ATTEST:
Gloria Molleda
City Clerk
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the City
Council of the City of Rosemead at a meeting held on the 8 1h day of January, 2013, by
the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Gloria Molleda
City Clerk