CC - Item 4B - Ordinance No. 843•
ORDINANCE NO. 843
•
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING
ZONE CHANGE 05-220, CHANGING THE ZONING FROM "R-2; LIGHT
MULTI-FAMILY RESIDENTIAL" ZONE TO "PD; PLANNED
DEVELOPMENT" ZONE LOCATED AT 8440 - 8446 DOROTHY STREET
(APNs: 5288-003-040, 5288-003-0419 5288-003-042).
WHEREAS, Anh L. Trieu, Hubert D. Trieu, Shawn H. Trieu, Thomas M. Trieu, Selso
Ramos and Andrea M. Ramos, filed an application for a Zone Change to change the current "R-2;
Light Multi-Family Residential" zone to the "PD; Planned Development" zone for the development
of a six (6) unit condominium tract map subdivision with a common driveway located at 8440 -
8446 Dorothy Street;
WHEREAS, the City of Rosemead has an adopted general plan, zoning ordinance, and map,
including specific development standards to control development;
WHEREAS, Sections 17.116 of the Rosemead Municipal Code sets forth procedures and
requirements for zone changes;
WHEREAS, on August 31, 2005, 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;
WHEREAS, on August 31, 2005, notices were posted in 8 public locations and 46 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
Government Code Section 65091(a)(3);
WHEREAS, on September 19, 2005, the Planning Commission held a public hearing to
receive testimony and voted to recommend City Council approval of Zone Change 05-220;
WHEREAS, on October 3, 2005 the Planning Commission adopted Resolution 05-43,
recommending City Council approval of Zone Change 05-220;
WHEREAS, on November 22, 2005, the City Council held a hearing to receive public
testimony relative to Zone Change 05-220 and Planned Development Review 05-01; and
WHEREAS, the City Council has sufficiently considered all testimony presented to make
the following determination.
DEC 27
ITEM NO.
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Ordinance No. 843
Zone Change 05-220
Page 2 of3
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NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Rosemead as
follows:
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 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 05-220) 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 and is consistent with the City's General Plan.
Section 3. The City Council HEREBY APPROVES Zone Change 05-220, amending
Rosemead Zoning map land use designation from "R-2; Light Multi-Family Residential" to "PD;
Planned Development" and the Development Concept Plan for properties located at 8440 - 8446
Dorothy Street (APNs: 5288-003-040, 5288-003-041, 5288-003-042).
Section 4. 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.
Ordinance No. 843
Zone Change 05-220
Page 3 of 3
40
Section 5. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED, and ADOPTED this _ day of , 2005.
JAY T. IMPERIAL, Mayor
ATTEST:
NINA CASTRUITA, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROSEMEAD
I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the foregoing
Ordinance No. 843 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING ZONE CHANGE 05-220, CHANGING THE ZONING
FROM "R-2; LIGHT MULTI-FAMILY RESIDENTIAL" ZONE TO "PD;
PLANNED DEVELOPMENT" ZONE AND DEVELOPMENT CONCEPT
PLAN LOCATED AT 8440 - 8446 DOROTHY STREET (APNs: 5288-003-
040, 5288-003-041, 5288-003-042).
was duly introduced and placed upon first reading at a regular meeting of the City Council on the
22"a day of November, 2005, and that thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the day of , 2005, by the following vote, to
wit:
YES:
COUNCIL MEMBERS:
NO:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
NINA CASTRUITA, City Clerk