Ordinance No. 842 - Zone Change 05-219ORDINANCE NO. 842
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING
ZONE CHANGE 05-219, CHANGING THE ZONING FROM "R-1; SINGLE-
FAMILY RESIDENTIAL" ZONE TO "12-3; MEDIUM MULTI-FAMILY
RESIDENTIAL", LOCATED AT 4433 WALNUT GROVE AVENUE (APN:
5372-018-039).
WHEREAS, Ivan K. Ho, filed an application for a Zone Change to change the current "R-
1; Single-Family Residential" zone to the "R-3; Medium Multi-Family Residential" zone; Zone
• Variance to deviate from the minimum required side yard setback and a reduction in the amount of
guest parking and a Tentative Tract Map to subdivide one (1) existing parcel into eight (8) parcels
for the development of eight (8) single-family homes with a common driveway located at 4433
Walnut Grove Avenue;
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 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 60 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 October 3, 2005, the Planning Commission held a public hearing to receive
testimony and voted to recommend City Council approval of Zone Change 05-219, Zone Variance
05-332 and Tentative Tract Map 063143;
WHEREAS, on October 17, 2005 the Planning Commission adopted Resolution 05-46;
recommending City Council approval of Zone Change 05-219 and approving Zone Variance 05-332
and Tentative Tract Map 063143;
WHEREAS, on November 22, 2005, the City Council held a hearing to receive public
testimony relative to Zone Change 05-219;
Ordinance A'o. 842
Zone Change 05-219
Page 2 of 3
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:
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 "R-3; Medium Multi-Family Residential" zone (Zone Change 05-219) is
in the public interest and necessity and general welfare, and good city planning practice dictates and
supports the proposed zone change and is consistent with the City's General Plan.
Section 3. The City Council HEREBY APPROVES Zone Change 05-219, amending
Rosemead Zoning map land use designation from "R-1; Single Family Residential" to "R-3;
Medium Multi-Family Residential" for the property located at 4433 Walnut Grove Avenue (APN:
5372-018-039).
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. 842
Zone Change 05-219
Page 3 of 3
Section 5. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED, and ADOPTED this day of Deee i,,rr , 2005.
is JAY $M4PEAL, 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. 842 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
• ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
APPROVING ZONE CHANGE 05-219, CHANGING THE ZONING
FROM "R-1; SINGLE-FAMILY RESIDENTIAL" ZONE TO "R-3;
MEDIUM MULTI-FAMILY RESIDENTIAL" LOCATED AT 4433
WALNUT GROVE AVENUE (APN: 5372-018-039).
was duly introduced and placed upon first reading at a regular meeting of the City Council on the
22"d 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:
/W-A, 00& aA
NINA CASTRUITA, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD 1
I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Ordinance No. 842 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING
ZONE CHANGE 05-219, CHANGING THE ZONING FROM "R-1; SINGLE-
FAMILY RESIDENTIAL" ZONE TO "R-3; MEDIUM MULTI-FAMILY
40 RESIDENTIAL", LOCATED AT 4433 WALNUT GROVE AVENUE (APN:
5372-018-039).
was duly and regularly approved and adopted by the Rosemead City Council on
the 27th of December 2005, by the following vote to wit:
YES: CLARK, IMPERIAL, NUNEZ, TAYLOR, TRAN
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
I ,11 J~
Nina Castruita
City Clerk