Ordinance No. 760 - Zone Change 95-199ORDINANCE NO. 760
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING ZONE CHANGE 95-199, AMENDING ROSEMEAD ZONING
MAP LAND USE DESIGNATION FROM "R-3; MEDIUM MULTIPLE
RESIDENTIAL" TO "PD; PLANNED DEVELOPMENT", AND
APPROVING PLANNED DEVELOPMENT 95-01, FOR THE
CONSTRUCTION OF ELEVEN (11) DETACHED SINGLE FAMILY
UNITS, FOR A 1.45 ACRE SITE LOCATED AT 7503-7527 HELLMAN
AVENUE, ROSEMEAD (APN: 5286-008-008 & 020, PLUS 5286-009-024,
027, & 028).
WHEREAS, Mr. Chi-An Wang, 5923 N. Oak Avenue, Temple City, California, 91780,
filed an application requesting a zone change and proposing an 11-unit planned development on
March 21, 1995; and
WHEREAS, the City of Rosemead has an adopted general plan, zoning ordinance, and
map, including specific development standards to control development; and
WHEREAS, the General Plan Amendment 95-01 would designate the subject property
"Mixed Use Commercial/Residential" allowing up to fourteen (14) units per acre and a
maximum commercial floor area ration of 1:1; and
• WHEREAS, State Planning and Zoning Law, Title 7, Chapter 3, Article 8, plus Chapter
9120 of the Rosemead Municipal Code, authorize, and set standards for, the preparation of
specific plans (planned developments) governing the development of private property; and
WHEREAS, Sections 9185 and 9186 of the Rosemead Municipal Code authorize the
Planning Commission to consider and recommend proposed zone changes to the City Council;
and
WHEREAS, Section 65454 of the California Government Code requires that specific
plans (planned developments) be consistent with the adopted general plan; and
WHEREAS, City Council policy encourages the preparation of these planned
developments because of the superior level of planning and protection they offer to the quality
and character of area where they are located; and
WHEREAS, on June 22, 1995, an initial study for the draft ordinance was completed
finding that all potential environmental impacts can be mitigated to a level of insignificance; and
WHEREAS, on June 22 and July 27, 1995, 55 notices were mailed to property owners
within a 300-foot radius of the subject site, posted in ten (10) public locations, and published
in the San Gabriel Valley Tribune noticing the public comment period and the time and place
for a public hearing pursuant to California Government Code Section 65091(a)(3); and
Ordinance No. 760
Zone Change 95-199/
Planned Development 95-01
Page 2 of 5
WHEREAS, on July 17, 1995, the Planning Commission held a hearing to receive public
testimony and voted to recommend City Council approval of General Plan Amendment 95-01,
Zone Change 95-199 and Planned Development 95-01; and
WHEREAS, on August 7, 1995 the Planning Commission adopted Resolution Nos. 95-
23 and 95-24 recommending that the City Council approve General Plan Amendment 95-01,
Zone Change No. 95-199 and Planned Development 95-01; and
WHEREAS, on August 8, 1995, the City Council held a hearing to receive public
testimony relative to General Plan Amendment 95-01, Zone Change 95-199 and Planned
Development 95-01; 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:
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 potential
environmental impacts during the construction phase that can be mitigated to a level of
insignificance. This conclusion is based upon the record, initial study and comments received
during the public review period. Therefore, a Mitigated 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 judgement in
reaching the above conclusion. The City Council, therefore, approves the Mitigated 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 Planning Commission HEREBY FINDS, DETERMINES AND DECLARES
that placing the property in the Planned Development Zone (Zone Change 95-199) is in the
interest of the public necessity and general welfare, and good city planning practice dictates and
supports the proposed zone change, in that the change to the Planned Development Zone will
Ordinance No. 760
Zone Change 95-199/
Planned Development 95-01
Page 3 of 5
provide a superior level of planning and protection to the quality and character of residential
neighborhood where the development is proposed.
SECTION 3. The City Council FURTHER FINDS that Planned Development 95-01 meets the
City's goals and objectives as follows:
A. Land Use; The low density residential designation of the general plan allows a
density of up to seven (7) units per acre (1 unit/6,000 square feet). The
designation provided by General Plan Amendment 95-01 (Mixed Use;
Commercial/Residential) allows a density of up to fourteen (14) units per acre.
Planned Development 95-01 proposes eleven units on 63,000 square feet (1.45
acres). This equates to a density of about one unit per 5,700 square feet. This
type of development is compatible with the surrounding area which is designated
for medium density residential (1 unit/4,500 square feet).
B. Circulation; Hellman Avenue is a residential, collector street. Planned
Development 95-01 limits the development to one access point. One common,
hammerhead driveway eliminates direct individual access of vehicles backing out
into the street. Adequate off-street parking is provided in that each lot is
provided a 2-car garage plus one open guest parking space.
• C. Housing; The Housing element identifies a largest need within the city if for
upper income housing (293 units or 37.9% of the total need). The proposed
homes are estimated to be classified in this category. Planned Development 95-
01 will provide 4 % of the homes needed for upper income level units. The low
density will help to maintain the stable single family neighborhoods throughout
the city.
D. Resource Management; The developer will pay the City in-lieu fees for parks
and open space under the Quimby Act. These fees will be used to expand and/or
upgrade recreation facilities where the new residents will visit.
E. Noise; The homes are designed to face away from Hellman Avenue in order to
reduce the noise impact to the new homes. A low density residential development
• will not generate any significant noise levels for the surrounding area.
F. Public Safety; The Fire and Sheriff Departments have reviewed the approved
the proposed plans. The common driveway shall serve as a fire lane. No
parking will be allowed on the common driveway to allow for sufficient
emergency circulation. The development will not be gated so that it will allow
for free emergency access. The site is not located in any special study zones.
The entire City of Rosemead is free from any flood hazard designations.
Ordinance No. 760
Zone Change 95-199/
Planned Development 95-01
Page 4 of 5
G. CEQ_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 have any adverse impact on certain aspects of the
environment. However, these impacts can be mitigated to a level of
insignificance. Therefore, staff has prepared and recommends adoption of a
Mitigated Negative Declaration.
SECTION 4. The City Council HEREBY APPROVES Zone Change 95-199, amending
Rosemead Zoning map land use designation from "R-3; Medium Multiple Residential to "PD;
Planned Development", AND APPROVING Planned Development 95-01, for the construction
of eleven (11) detached single family units, located at 7503-7527 Hellman Avenue (APNs: 5286-
008-008 & 020, plus 5286-009-024, 027 & 028), pending City Council approval of General Plan
Amendment 95-01. Planned Development 95-01 is approved subject to the conditions of
approval in Exhibit "A", attached hereto and incorporated herein by reference.
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 decisions 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.
SECTION 6. The City Clerk shall certify to the passage of this Ordinance and shall cause same
to be published as required by law.
PASSED AND APPROVED this22nd day of August, 1995.
0 ATTEST:
NANCY VALDERRAMA, City Clerk
Ordinance No. 760
Zone Change 95-199/
Planned Development 95-01
Page 5 of 5
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF ROSEMEAD )
I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Ordinance No. 760 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING ZONE
CHANGE 95-199, AMENDING ROSEMEAD ZONING MAP LAND USE
DESIGNATION FROM "R-3; MEDIUM MULTIPLE RESIDENTIAL" TO "PD;
PLANNED DEVELOPMENT", AND APPROVING PLANNED
DEVELOPMENT 95-01, FOR THE CONSTRUCTION OF ELEVEN (11)
DETACHED SINGLE FAMILY UNITS, LOCATED AT 7503-7527 HELLMAN
AVENUE (APNs: 5286-008-008 & 020 PLUS 5286-009-024, 027 & 028).
was duly introduced and placed upon first reading at a regular meeting of the City Council on
the 8th day of August, 1995, and that thereafter, said Ordinance was duly adopted and passed
at a regular meeting of the City Council on the22 day of August 1995, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Clark, Taylor, Vasquez, Bruesch, Imperial
NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
NANC VALDERRAMA, City Clerk
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