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CC – Item 3C – Ordinance No. 787 ORDINANCE. N0. 787 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING ZONE CHANGE 98-205, AMENDLNG ROSEMEAD ZONING MAP LAND USE DESIGNATION FROM "P; PARKING" TO R-2; LIGHT MULTIPLE RESIDENTIAL" FOR PROPERTY LOCATED AT 2739 PROSPECT AVENUE (APN: 5285-002-011). WHEREAS, Mr. Dung Hung Nguyen, representing Huyen T. Le, 11920 A Goldring Road, Arcadia, CA 91006, filed an application requesting a zone change from the P to the R-2 zone for property located at 2739 Prospect Avenue on March 16, 1998; and WHEREAS, the City of Rosemead has an adopted general plan, zoning ordinance, and map, including specific development standards to control development; and WHEREAS, Rosemead's General Plan designates the subject property for "Medium Density Residential" allowing a density of up to nine (9) units per acre; and WHEREAS, Rosemead's official Zoning Map designates the site for P; Parking development which allows continued use as a R-2 site, but is intended as additional parking for substandard commercial properties on Garvey Avenue; 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 65860 of the California Government Code requires that zoning ordinances and the zoning map be consistent with the adopted general plan; and WHEREAS, on April 30, 1998, an initial study for the proposed zone change was completed finding that this project could not have a significant effect on the environment; and WHEREAS, on May 4, 1998, notices were posted in 10 public locations and 41 notices were sent 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 15, 1998, the Planning Commission held public hearings and adopted PC Resolution 98-20, approving a recommendation to the City Council to approve Zone Change 98-205; and WHEREAS, on June 11, 1998, notices were posted in 10 public locations and 41 notices were sent to property owners within a 300-foot radius from the subject property specifying the availability of the environmental analysis, plus the date, time and location of the public hearing for Zone Change 98-205; and WHEREAS, on June 23, 1998, the Rosemead City Council held duly noticed public hearings and sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rosemead as follows: Section 1. The City Council HEREBY DETERMINES that a Negative Declaration shall be adopted. An initial study was completed to analyze potential environmental impacts pursuant to the California Environmental Quality Act (CEQA). This study analyzes the potential environmental impacts that could be created from the proposed project. The study was sent to all responsible agencies, and noticed in 10 public locations, soliciting comments for more than a 21- day period prior to the City Council hearing. This study found that this project could not have a significant effect on the environment. COUNCIL AGENDA JUL 141998 ITEM No. Onnmice No.787 Zone Change 98-205 Page 2 of 3 Section 2. The City Council HEREBY FINDS AND DETERMINES that placing the property at 2739 Prospect Avenue in the R-2; Light Multiple Residential zone is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed zone change. The change to the Light Multiple Residential Zone will provide a superior level of planning and protection to the quality and character of residential neighborhood. Section 3. The City Council FURTHER FINDS AND DETERMINES that Zone Change 98-205 is consistent with the Rosemead General Plan as follows: A. Land lise; The Parking designation allows a density of I unit/4,500 square feet as a continued non-conforming use. The designation provided by Zone Change 98- 205 (Light Multiple Residential) allows the same residential density but removes a non-conforming status. The General Plan designates the site for medium Density Residential. This designation is compatible with the present and proposed zoning land use designations. The properties to the south have been designated and developed in a similar manner. B. Circulation; The site is located on Prospect Avenue. Prospect Avenue is classified as a local street in the General Plan. Adequate access is provided via Prospect Avenue. The existing circulation design would be maintained with no significant increase in traffic anticipated . Development of this site as parking for commercial businesses along Garvey Avenue is not likely since the properties in the immediate vicinity do not need additional parking. C. Honsine; The Housing Element identifies potential residential development sites. This site, which is zoned for parking use, is not included in this survey. The proposed zone change would not alter the potential residential development of the site. D. Noise; There will be no change in the historical land use. The applicant is aware of the close proximity to the commercial uses on Garvey Avenue which is an existing condition. Section 4. The City Council HEREBY APPROVES Zone Change 98-205, amending Rosemead Zoning map land use designation from "P; Parking to "R-2; Light Multiple Residential' for property located at 2739 Prospect Avenue (APN: 5285-002-011). Section 5. The City Clerk shall certify to the adoption of this Resolution and shall cause same to be published as required by law. PASSED AND APPROVED this 23rd day of June, 1998. ROBERT BRUESCH, Mayor ATTEST: NANCY VALDERRAMA, City Clerk Ordinance No.787 Zone Change 98-205 Page 3 of 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. 787 being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING ZONE CHANGE 98-205, AMENDING ROSEMEAD ZONING MAP LAND USE DESIGNATION FROM "P; PARKING" TO R-2; LIGHT MULTIPLE RESIDENTIAL" FOR PROPERTY LOCATED AT 2739 PROSPECT AVENUE (APN: 5285-002-011). was duly introduced and placed upon first reading at a regular meeting of the City Council on the 23id day of June, 1998, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 14th day of July, 1998, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: NANCY VALDERRAMA, City Clerk