Loading...
CC - Item 3C - Ordinance 828 - Box 070ORDINANCE NO. 828 AN' ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. APPROVING ZONE CHANGE 03-216, A-MENDING ROSEMEAD ZONING MAP LAND USE DESIGNATION FROM CBD; "CENTRAL BUSINESS DISTRICT"- TO R-1; "SINGLE FAMILY RESIDENTIAL". FOR PROPERTIES LOCATED AT 9203 - 9225 STEELE STREET. (APNs: 8594- 003-024.-025:-017,-026-027) WHEREAS, The City of Rosemead has initiated an application for a general plan amendment to change the land use designation from Commercial to Low Density Residential and a zone change to change the zoning designation from CBD: Central Business District to R - l: Single family Residential for five parcels located at 9203 -9225 Steele Street; and 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 and 17.120 of the Rosemead Municipal Code set forth procedures and requirements for zone changes and amendments; and WHEREAS, on June 16, 2003, 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 June 16. 2003. notices were posted in 12 public locations and 50 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 NVIIEREAS, on July 21, 2003; the Planning Commission held a public hearing to receive testimony and voted to recommend City Council approval of General Plan Amendment 03-01 and Zone Change 03-216: and . WHEREAS, on August 4, 2003 the Planning Commission adopted Resolution 02-46, recommending City Council approval of Zone Change 03-216 and General Plan Amendment 03- 01: and WHEREAS, on October 14, 2003, the City Council held a hearing to receive public testimony relative to Zone Change 03-216; and WHEREAS, the City Council has sufficiently considered all testimony presented to make the following determination. COWINC!L. ~GE!N!D11; O C T 2 8 2003 ITEM No. _aL-.- Ordinance No. 828 Zone Change 03-216 Page 2 of 5 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 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)(l 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 XN, 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-1 "Single Family Residential" zone (Zone Change 03-216) 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 R-1 "Single Family Residential" 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 03-216 meets the City's goals and objectives as follows: A. Land Use: General Plan Amendment 03-01 consists of amending the existing land use designation from "Commercial" to "Low Density Residential". This amendment will allow for the existing residential properties to be consistent with City codes and land uses in the surrounding area. B. Circulation: The subject area is located on Steele Street in a single-family residential area south of Valle), Boulevard. Since this general plan amendment and zone change does not propose any development, thee will be, no impacts to traffic as a result. Ordinance No. 828 Zane Change 03-216 Page 3 of 5 C. Housing: The proposed general plan amendment and zone change will not have any impact on housing. The existing use of the properties will remain residential allowing the properties to be compatible with the zoning code and General Plan. D. Resource Management: Since this General Plan Amendment and Zone Change do not propose any development, no resources will be impacted. The use of the subject properties is for single,-family residences and will remain residential with the adoption of these entitlements. E. Noise: This application will not generate any impacts to noise levels for the surrounding area. An initial study was completed and its findings have determined that this application could not have a significant effect on the environment. F. Public Safety: There will be no increase in population or density as a result of the proposed general plan amendment and zone change. The entire City of Rosemead 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 HEREBY APPROVES Zone Change 03-216, amending Rosemead Zoning map land use designation from "CBD; Central Business District" to °R-1; Single Family Residential" for properties located at 9203 - 9225 Steele Street (APN: 8594-003- 024,-0257-017,-026,-027). 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 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. Section 6. The City Clerk shall certify to the adoption of this Ordinance. PASSED. APPROVED, and ADOPTED this _day of 200 3. Ordinance No. 828 Zane Change 03-216 Page 4 of 5 JOE VASQUEZ, Mayor ATTEST: NANCY VALDERRAMA, City Clerk Ordinance No. 828 Zone Change 03-216 Page 5 of 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF ROSEMEAD ) I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the foregoing Ordinance No. 828 being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. APPROVING ZONE CHANGE 03-216, AMENDING ROSEMEAD ZONING MAP LAND USE DESIGNATION FROM CBD; "CENTRAL BUSINESS DISTRICT" TO R-1; "SINGLE FAMILY RESIDENTIAL", FOR PROPERTIES LOCATED AT 9203 - 9225 STEELE STREET (APNs: 8594-003-024,-025,-017,-026,-027). was dulv introduced and placed upon first reading at a regular meeting of the City Council on the 14th day of October, 2003, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the _ day of 2003, by the following vote. to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: NANCY VALDERRAMA, City Clerk L. E. SCHWEINER Attomey at Law 1121 Oa",ood Dr. Arcadia, CA 91006 Tel: (626) 447-7435 Fax: (626) 447-1445 HAND DELIVERED - OCTOBER 14, October 14, 2003 Rosemead City Council City of Rosemead 8838 E. Valley Blvd., Rosemead, CA 91770 Re: Proposed Zone change 9203-9225 Steele, Rosemead City Council meeting October 14, 2003 To the City Council: RECEIVED CITY OF ROSEMEAD UUf 14 2003 CITY CLERK'S OFF On behalf of Mr. Mark Chen, partner in Intertrust Development, as owner of 9203 Steele, Rosemead, I present for filing, written consent by fourteen (14) owners of property located between 9136 and 9270 Steele Street, Rosemead to the City initiated zone change for those properties located from 9203 to 9225 Steele Street, Rosemead, CA. These consents are filed in support of the proposed zone change. This matter is on the City Council's agenda for October 14, 2003. Very truly yours, L. E. Achweiner LES:ac Enclosure: CONSENT TO RE-ZONING TO THE CITY COUNCIL, CITY OF ROSEMEAD, CALIFORNIA On the agenda for the City Council, City of Rosemead, California, August 26, 2003 meeting, is a City initiated petition to re-zone the following identified real properties to zone R-1. 9203 Steele Street, Rosemead, CA 9211 Steele Street, Rosemead, CA 9215 Steele Street, Rosemead, CA 9221 Steele Street, Rosemead, CA 9225 Steele Street, Rosemead, CA The undersigned are owners of real property, identified next to our signatures, in the immediate vicinity of the above identified properties. By our signatures hereon, we consent to the re-zoning of the subject properties to zone R-1 NAME ADDRESS t Cy_,-2_ ~L5< . c Av . T AT7 G~.2Sf 6. v7 2''l_~.- CONSENT TO RE-ZONING TO THE CITY COUNCIL, CITY OF ROSEMEAD, CALIFORNIA On the agenda for the City Council, City of Rosemead, California, August 26, 2003 meeting, is a City initiated petition 'to re-zone the following identified real properties to zone R-1. 9203 Steele Street, Rosemead, CA 9211 Steele Street, Rosemead, CA 9215 Steele Street, Rosemead, CA 9221 Steele Street, Rosemead, CA 9225 Steele Street, Rosemead, CA The undersigned are owners of real property, identified next to our signatures, in the immediate vicinity of the above identified properties. By our signatures hereon, we consent to the re-zoning of the subject properties to zone R-1 NAME ADDRESS ~ ~6 ~ S~e siG I\kai Vu , DAnr)4 Iou 12v3 Sf ee- i P. ~ 9N00 .S;eo-c~- S7 .