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CC - Item 5C - Ordinance No. 942 - Second Reading: Approving Zone Change 12-02 - 7801-7825 Garvey Avenue, 3012 Del Mar Avenue, and 3017 Brighton Street E M $ f O I 9 `� k°11 or ROSEMEAD CITY COUNCIL CIVIC PRIDE fy STAFF REPORT ______,/, 7 ..,...,„ ,HCORPORATED 1Ocl TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGE-0/11 DATE: MAY 12, 2015 SUBJECT: ORDINANCE NO. 942— SECOND READING: APPROVING ZONE CHANGE 12-02—7801-7825 GARVEY AVENUE, 3012 DEL MAR AVENUE, AND 3017 BRIGHTON STREET SUMMARY On April 28, 2015, the City Council introduced Ordinance No. 942, approving zone change 12-02 changing the zoning classification of six parcels from C-3 and the Single- Family Residence at the northeast corner of the site R-2 to C-3 MUDO-D. Ordinance No. 942 is now before Council at the required second reading for adoption. Staff Recommendation Staff requests that City Council ADOPT Ordinance No. 942 at its second reading. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: S\ 61A‘A VloW_SA GLORIA MOLLEDA CITY CLERK Attachment A—Ordinance No. 942 ITEM NUMBER:__SC ORDINANCE NO. 942 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING ZONE CHANGE 12-02 CHANGING THE ZONING CLASSIFICATION OF SIX PARCELS FROM C-3 (MEDIUM COMMERCIAL) AND THE SINGLE-FAMILY RESIDENCE AT THE NORTHEAST CORNER OF THE SITE R-2 (LIGHT MULTIPLE RESIDENTIAL) TO C-3 MUDO-D (MEDIUM COMMERCIAL WITH A RESDIENTIAL/COMMERCIAL MIXED USE DEVELOPMENT OVERLAY AND DESIGN OVERLAY). THE SUBJECT SITE IS LOCATED AT 7801- 7825 GARVEY AVENUE, 3012 DEL MAR AVENUE, AND 3017 BRIGHTON STREET (APN's: 5287-039-001, 002, 003, 004, 005, 011). WHEREAS, the City of Rosemead has an adopted Zoning Ordinance and associated maps, including specific development standards to control development; and WHEREAS, approval of Zone Change 12-02 will change the zoning of six (6) parcels from C-3 Medium Commercial and the single-family residence at the northeast corner of the site R-2 Light Multiple Residential to C-3 Medium Commercial and add a Residential/Commercial Mixed-Use Development Overlay (RCMUDO) and Design Overlay; 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 December 15, 2014, the City of Rosemead Planning Commission considered Zone Change 12-02 and recommended approval to the City Council after the Commission made findings that the proposed application will not have a significant impact on the environment; and WHEREAS, on December 15, 2014, 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 Zone Change 12-02; and 1 WHEREAS, on December 15, 2014, the Planning Commission adopted Resolution 14-10, thereby recommending approval to the City Council of Zone Change 12-01; and WHEREAS, on April 16, 2015, thirty-nine (39) notices were sent to property owners within a 300-feet radius from the subject property, in addition to notices posted in five (5) public locations, on-site, and published in the Rosemead Reader, specifying the availability of the application, plus the date, time and location of the public hearing pursuant to California Government Code Section 65091(a)(3); and WHEREAS, on April 28, 2015, the City Council held a public hearing to receive public testimony relative to Zone Change 12-02; 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 Zone Change 12-02. SECTION 2. The City Council HEREBY FINDS AND DETERMINES that Zone Change 12-02 is consistent with the Rosemead General Plan as follows: A. Land Use: The General Plan Land Use Designation of the subject site is currently Commercial and Medium Density Residential. However, with implementation of the zone change, which proposes a Mixed-Use: High Density Residential/Commercial Land Use Designation with a maximum density of 60 dwelling units per acre and maximum floor-area ratio of 2.0:1. The project site area consists of 1.14 acres. With a total of 60 residential dwelling units and 1.61 acres of total floor area, the project is consist with the Land Use Element of the General Plan. B. Circulation: The proposed project will result in an increase in vehicle trips from the proposed residential and commercial land uses of the mixed-use project. With the incorporation of mitigation measures, this increase will not result in significant environmental impacts upon the Level of Service of surrounding street intersections and project entry driveways, and will not adversely affect surrounding properties. The proposed project will provide adequate off-street parking, including two levels of subterranean parking and one level of surface parking, to serve the parking needs of future residents and patrons and minimize traffic-related impacts upon the neighborhood. C. Housing: The proposed project is consistent with the City of Rosemead Housing Element, which seeks to provide a variety of housing types for the various 2 demographics of the community. The proposed development will provide 60 new residential dwelling units, including 9 designated low-income rental units. D. Resource Management: The proposed development is located in a developed urban area, and as such, will not result in any significant impact upon natural resources. With the incorporation of mitigation measures, such as building setback and landscaping, the proposed building will have a less than significant impact upon the aesthetics from adjoining properties. E. Noise: This development will not generate any significant permanent impacts to the noise levels of 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 the presence of heavy equipment and trade personnel during construction activities. All construction work will be required to comply with the defined timeframe and City's Noise Ordinance. All mechanical equipment will be designed to minimize noise impacts on adjoining properties. F. Public Safety: The proposed development will allow the construction of residential and commercial uses in a developed urbanized area where there are no known public safety concerns. The site is not located in a seismic safety zone, and the entire City of Rosemead is located in Flood Zone C (flood insurance is not mandatory) and is free from any flood hazard designations. The project will be designed to meet the latest Building Code and Fire Code to maximized public safety of the site. SECTION 3. The City Council hereby AMENDS the City's Zoning Map to change the zoning of six (6) parcels from C-3 Medium Commercial and the single-family residence at the northeast corner of the site R-2 Light Multiple Residential to C-3 Medium Commercial and add a Residential/Commercial Mixed-Use Development Overlay (RCMUDO) and Design Overlay. SECTION 4. The Zoning Map as a part of Title 17 of the Rosemead Municipal Code is HEREBY AMENDED to read as read as incorporated by this reference as Exhibit A: SECTION 5. 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 Ordinance No. 942 and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. 3 SECTION 6. The City Clerk shall certify to the passage of this Ordinance. PASSED AND APPROVED, this 12th day of May, 2015. Margaret Clark, Mayor City of Rosemead, California ATTEST: Gloria Molleda, City Clerk City of Rosemead, California APPROVED AS TO FORM: Rachel Richman, City Attorney Burke, Williams & Sorensen, LLP 4