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Ordinance No. 834 - Zone Change 03-217ORDINANCE NO. 834 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING ZONE CHANGE 03-217, CHANGING THE ZONING FROM "R-1; SINGLE- FAMILY RESIDENTIAL" ZONE TO "PD; PLANNED DEVELOPMENT" ZONE AND TENTATIVE TRACT MAP 60158 LOCATED AT 8470 MISSION DRIVE (APNs: 5372-016-021, 022, 023, 038). WHEREAS, Mr. Tom Lee, filed an application for a Zone Change to change the current "R-I; Single-Family Residential" zone to the "PD; Planned Development" zone; and a Tentative Tract Map to subdivide four existing parcels into thirteen (13) parcels for the development of thirteen (13) new single-family homes located at 8470 Mission Drive; WHEREAS, the City of Rosemead has an adopted general plan, zoning ordinance, and map, including specific development standards to control development; and WHEREAS, Sections 17.116, 17.120 and 16.04 of the Rosemead Municipal Code set forth procedures and requirements for zone changes, amendments and subdivisions; and WHEREAS, on May 27, 2004, 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; and WHEREAS, on May 27, 2004, notices were posted in 10 public locations and 104 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); and WHEREAS, on June 21, 2004, the Planning Commission held a public hearing to receive testimony and voted to recommend City Council approval of Zone Change 03-217 and Tentative Tract Map 60158; and WHEREAS, on July 6, 2004 the Planning Commission adopted Resolution 04-18, recommending City Council approval of Zone Change 03-217 and Tentative Tract Map 60158; and WHEREAS, on August 10, 2004, the City Council held a hearing to receive public testimony relative to Zone Change 03-217 and Tentative Tract Map 60158; and 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: Ordinance No. 834 Zone Change 03-217, Tentative Tract Map 60158 Page 2 of 6 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 have not have potential significant environmental impacts. This conclusion is based upon the record, initial study and continents 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 wi II 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 03-217) 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. Section 3. The City Council FURTHER FINDS that Zone Change 03-217 and Tentative Tract Map 60158 meet the City's goals and objectives as follows: A. Land Use: The General Plan designation will remain Low-Density Residential and will allow for the proposed residential properties to be consistent with City codes and land uses in the surrounding area. The density allowed in the General Plan is 0-7 units per acre. This development is designed at 6.8 units per acre. B. Circulation: The subject area is located on Mission Drive in a single-family residential area west of Walnut Grove Avenue and east of Earle Avenue on the south side of the street. The units will have vehicular access via a private drive aisle that will only service the occupants of the units. Mission Drive is a secondary arterial in The City of Rosemead and the number of trips created from thirteen (13) single-family homes will not significantly increase the traffic along Mission Drive. Ordinance No. 834 Zone Change 03-217, Tentative Tract Map 60158 Page 3 of 6 C. Housing: The proposed Zone Change and Tentative Tract Map will create thirteen (13) additional units. Two of the current parcels are vacant and the remaining two are currently occupied with single-family units. This development will provide needed residential opportunities in the City and will not displace significant numbers of residents and will not have any impacts on housing. The proposed use of the properties will remain residential allowing the properties to be compatible with the Zoning Code and General Plan. D. Resource Management: No resources will be impacted, because the use of the subject • properties is for single-family residences and will remain residential in nature with the adoption of these entitlements E. Noise: This development will not generate any permanent impacts to noise levels for 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 construction activities. An initial study was completed and its findings have determined that this development could not have a significant effect on the environment. F. Public Safety: There will be not be a significant increase in population or density as a result of the Zone Change and Tentative Tract Map, so the need for more public safety and public areas is not impacted. The entire City of Rosemead is located in Flood Zone C (flood insurance is not mandatory) and is free from any flood hazard designations. • G. CE A: The City staff has prepared an initial study pursuant to the California Environmental Quality Act (CEQA). This study has determined that the proposed zoning amendments could not have any potential significant impacts on the environment. Therefore, staff has prepared and recommends adoption of a Negative Declaration.' Section 4. The City Council FURTHER FINDS that facts do exist to justify approving Tentative Tract Map 60158; according to the criteria of Section 16.04 of the Rosemead Municipal Code as follows: A. The proposed division will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity; FINDING: All necessary public improvements will be made prior to the construction of the five proposed residential units. These improvements will be made in front where the access is located when developed. Ordinance No. 834 Zane Change 03-2/7, Tentative Tract Map 60158 Page 4 of 6 B. The proposed division will not be contrary to any official plan adopted by the City Council of The City of Rosemead; or to any official policies or standards adopted by the City Council and on file in the office of the City Clerk at or prior to the time of filing of the application hereunder. FINDING: The site is designated for the proper land use designations to permit such a development. The proposed zone change provides for a density of 6.8 units per acre. C. Each proposed parcel conforms in area and dimension to the. provisions of zoning and • subdivision requirements of The City of Rosemead. FINDING: The "PD; Planned Development" does not have a minimum lot size, but the proposal has been designed to have lot sizes comparable with the surrounding residences in the "R-1; Single-Family Residential' zone. This zone change will allow for adjustments to the minimum lot size and development standards for single-family residential developments. The proposed lots would range in size from 5,002 square feet to 7,506 square feet with the average lot consisting of approximately 5,460 square feet. D. All streets, alleys and driveways proposed to serve the property have been dedicated or such dedication is not required for the protection of public safety, health and welfare and that such streets, alleys and driveways are of sufficient width, design and construction to preserve the public safely and to provide adequate access and circulation for vehicular and pedestrian traffic. • FINDING: The City Engineer has reviewed this proposed subdivision relative to the adjacent right-of-way. Access to the proposed parcels is off of a private driveway from Mission Drive, which is a fully improved secondary arterial. The private common driveway has been reviewed by the Los Angeles County Fire Department. Based on these reviews, it is determined that the design and construction of this project would preserve the public safety and provide adequate access and circulation for vehicular and pedestrian traffic. E. Alley easements and covenants required for the approval of the Tentative Map or plot have been duly executed and recorded. FINDING: Prior to recordation of the final tract map, the applicant is required to record a covenant for ingress and egress, utility and drainage easement, fire lane, and the installation of parkway area, as required by the City Engineer. Section 5. The City Council HEREBY APPROVES Zone Change 03-217 and Tentative Tract Map 60158, amending Rosemead Zoning map land use designation from "R-1; Single Family Residential" to "PD; Planned Development" for properties located at 8470 Mission Drive (APNsi Ordinance No. 834 Zone Change 03-217, Tentative Tract Map 60158 Page 5 of 6 5372-016-021, 022, 023, 038). Section 6. 1f 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 anyone or more of said provisions maybe declared to bejinvalid. Section 7. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED, and ADOPTED this day of, 2005. MARGARET CL , Mayor ATTEST: NA C VALDERRAMA, City Clerk I hereby certify that the foregoing Ordinance No. 834 was duly and regularly adopted by the Rosemead City Council at a regular meeting held on the 24th day of August 2004, by the following vote: Yes: Imperial, Vasquez, Alarcon No: None, Absent: Taylor, Clark; Abstain: None City Clerk'