PC - 2010-05 - Approve a Negative Declaration and Adopt a Municipal Code Amendment 09-03 - Amortization of Nonconforming Poultry Slaughter BusiniessesPC RESOLUTION 10-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING THAT THE CITY COUNCIL APPROVE A NEGATIVE
DECLARATION AND ADOPT MUNICIPAL CODE AMENDMENT 09-03
AMENDING CHAPTER 17.12 OF TITLE 17 OF THE CITY OF
ROSEMEAD MUNICIPAL CODE RELATING TO THE AMORTIZATION
OF NONCONFORMING POULTRY SLAUGHTER BUSINESSES
WHEREAS, Section 17.116.020 of the Rosemead Municipal Code sets forth
procedures and requirements for municipal code amendments; and
WHEREAS, on February 10, 2010, an Initial Environmental Study for the
proposed Municipal Code Amendment was completed, finding that the proposed project
could not have a significant effect on the environment and a Negative Declaration was
prepared, in accordance with the guidelines of the California Environmental Quality Act,
and local environmental guidelines; and
WHEREAS, the City of Rosemead has adopted the General Plan and Zoning
Ordinance, and map, including specific development standards, to control development;
and
WHEREAS, Municipal Code Amendment 09-03 establishes an amortization
period for all nonconforming poultry slaughter businesses; and
WHEREAS, Sections 17.116 of the
Planning Commission to consider and
amendments to the City Council; and
Rosemead Municipal Code authorize the
recommend proposed municipal code
WHEREAS, on February 10, 2010, a notice was published in the San Gabriel
Valley Tribune 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 March 1, 2010, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Municipal
Code Amendment 09-03; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Planning Commission hereby makes a finding of adequacy
with the Negative Declaration and HEREBY RECOMMENDS that the City Council adopt
the Negative Declaration, as the environmental clearance for Municipal Code
Amendment 09-03.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that Municipal Code Amendment 09-03 is in the best interest of the public necessity and
general welfare, and good city planning practice dictates and supports the proposed
municipal code amendment, in that the change to the Rosemead Municipal Code will
provide a superior level of planning and protection to the quality and character of the
city.
SECTION 3. The Planning Commission FURTHER FINDS AND DETERMINES
that Municipal Code Amendment 09-03 is consistent with the Rosemead General Plan
in that the land use element of the General Plan does not identify specifically permitted
uses, rather the General Plan specifies that zoning regulations establish specific uses
allowed within the light industrial land use designations of the City. While the General
Plan does recognize that light industrial may be used for "limited food processing uses,"
the zoning code has prohibited the establishment of new poultry slaughter businesses
since 1991. The proposed ordinance will simply amortize any such remaining uses over
the next three years.
SECTION 4. The Planning Commission does hereby recommend that Section
17.12.105 be added to Chapter 17.12 of Title 17 of the Rosemead Municipal Code to
read as follows:
"Section 17 12.105 Amortization of Nonconforming Poultry Slaughter Businesses.
A. Amortization period. After three (3) years from the effective date of this
Ordinance, no person may cause, allow, or permit the continued operation,
maintenance or use of a lot, building or structure as a legal nonconforming
poultry slaughter business. For the purposes of this section, the term "legal
nonconforming poultry slaughter business" means any poultry slaughter
business use which was legally established and lawfully operating on May 14,
1991, which is the date upon which the ordinance repealing such use as a
permitted use was adopted.
B. Early termination. Any discontinuance or abandonment of a legal
nonconforming poultry slaughtering business for a period of 30 consecutive
days will result in a loss of the legal nonconforming status of such use."
SECTION 5. The Planning Commission HEREBY RECOMMENDS TO THE
CITY COUNCIL APPROVAL of Municipal Code Amendment 09-03, requiring the
amortization of nonconforming poultry slaughter businesses within the City of
Rosemead.
SECTION 6. This resolution is the result of an action taken by the Planning
Commission on March 1, 2010 by the following vote:
YES:
Alarcon, Herrera, Ruiz
NO:
Eng
ABSENT:
None
ABSTAIN:
Hunter
SECTION 6. The secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 1st day of March 2010.
Diana rrera, Chairwoman
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on 1st day of March,
2010, by the following vote:
YES: Alarcon, Herrera, Ruiz
NO: Eng
ABSENT: None
ABSTAIN: Hunter
ku ~ ' rU4
Stan Wong, S etary