CC - Item 3C - Ordinance No. 846• •
QRDINANCE NO. 846
AN ORDINANCE OF THE CITY COUNCIL
O ~
OF CALIFOR,NIOAFAPPROVING
COUNTY OF LOS ANGELES, STATE ZONE CHANGE 04-218, CHANGING THE ZONING FROM "R-2 (LIGHT
MULTIPLE RESIDENTIAL)" ZONE TO "P-D (PLANNED
DEVELOPMENT)" ZONE, LOCATED AT 7621-7637 GARVALIA AVENUE
(APNs: 5285-031-005 AND 5285-031-022).
WHEREAS, Peter and Brenda Jong. filed an application for a Zone Change to chance the
current R-2 (Light Multiple Residential) zone to the P-D (Planned Development) zone for the
development of eight (8) single-family residences with a private street. located at
Garvalia Avenue; and
WHEREAS, the City of Rosemead has an adopted General Plan, Zonin, 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 October 9, 2006, an initial study for the draft ordinance was completed,
finding that the proposed project could not have a significant effect on the environment and a
negative declaration was prepared;
WHEREAS, on October 10, 2006, notices were posted in 8 public locations and eighty-eight roperty (88) notices were mailed to property owners the within and 300 -foot
radius from the
a public hearing purpsuant to
specifying the public comment period and th place
California Government Code Section 65091(a)(3);
WHEREAS, on November 6. 2006, the Planning Commission held a public hearing to
receive testimony and voted to recommend City Council approval of Zone Change 04-218;
WHEREAS, on November 20, 2006 the Planning Commission adopted Resolution 06-43,
recommending City Council approval of Zone Change 04-218-
WHEREAS, on November 28. 2006. the City Council held a hearinc to receive public
testimony relative to Zone Change 04-218 and Planned Development Review 04-02; 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:
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Ordinance No. 846
Zone Change 04-218
Page 2 of 3
State
Section 1. Pursuant to the City of d°oe of this Procedures
Guidelines, it has been determined that the adoption
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, after considering the record as a whole, that 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 an)- 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(x)(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 "P-D (Planned Development)" zone, (Zone Chapngi 04-218) is in the
dictates and
practice
public interest and necessity and the general welfare, and good city planning
supports the proposed zone change in that the change 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 04-218, amending
Rosemead Zoning map land use designation from "R-2 (Light Multiple Residential)" to "P-D
(Planned Development)" and the Development Concept Plan for properties located at 7621-7637
Garvalia Avenue (APNs:5285-031-005 and 5285-031-022).
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.
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Ordinance No. 846
Zone Change 04-218
Page 3 of3
Section 5. The City Clerk shall certify to the adoption of this Ordinance.
2006.
PASSED; APPROVED, and ADOPTED this _ day of
Gary A. Taylor, 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. 846 bein,:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING ZONE CHANGE 04-218, CHANGING THE ZONING
FROM "R-2 (LIGHT MULTIPLE RESIDENTIAL)"
DEVELOPMENT CONCEPDT
(PLANNED DEVELOPMENT) ZONE
PLAN LOCATED AT 7621-7637 GARVALIA AVENUE (APNs: 5285-
031-005 AND 5285-031-022).
was duly introduced and placed upon first reading at a regular meeting of the City Council on the
28`h day of November, 2006, and that thereafter, said Ordinance was duly adopted and passed at a
2006, by the following vote, to
regular meeting of the City Council on the day of
wit:
YES: COUNCIL MEMBERS:
NO: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NINA CASTRUITA, City Clerk