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CC - Item 9C - Ordinance 883 - 2nd Reading - Approving Municipal Code Amendment 09-03 - Amortization of Nonconforming Poultry Slaughter BusinessesROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER C~Fyfi DATE: APRIL 13, 2010 U SUBJECT: ORDINANCE 883 - SECOND READING: APPROVING 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. SUMMARY On March 23, 2010, the City Council introduced Ordinance No. 883, which approved Municipal Code Amendment 09-03, for first reading. That Ordinance would amend the Zoning Code to require that all non-conforming poultry slaughter businesses in the City cease operations within two (2) years. The Ordinance introduced by the City Council requires only the elimination of poultry slaughtering within the City limits. Other permitted uses or legal non-conforming uses that are otherwise permitted in the zone in which a poultry slaughter business is located, such as the retail sales of poultry, would be allowed to continue at the given location. Additionally, poultry which is slaughtered outside of the City could be sold within the City limits. Attached to this staff report is Ordinance No. 883, including a fixed date in Section 17.12.105 of the new Municipal Code section for the end of the amortization period (May 12, 2012) which would be two (2) years after the effective date (May 13, 2010) of the Ordinance to reflect the revision to the Ordinance made by the City Council during the first reading of the Ordinance. The project is now before the Council at the required second reading for adoption. STAFF RECOMMENDATION Staff requests that the City Council ADOPT Ordinance No. 883 at its second reading. PUBLIC NOTICE PROCESS. This item has been noticed through the required public posting requirements of the regular agenda notification process, and through the required noticing and postings pursuant the California Environmental Quality Act (CEQA). Additionally, notice was mailed to the owner of Cal Poultry and all property owners within five-hundred feet of APPROVED FOR CITY COUNCIL AGENDA: ITEM NUMBER: q c, City Council Meeting April 13, 2010 Page 2 of 2 the property occupied by Cal Poultry at 8932 Garvey Avenue. Prepared by: Submitted by: )~jAev - bng Paul Garry Senior Planner Community evelopment Director Attachment A: Ordinance No. 883 ORDINANCE NO. 883 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 17.12 OF TITLE 17 OF THE CITY OF ROSEMEAD MUNICIPAL CODE RELATING TO THE AMORTIZATION OF NONCONFORMING POULTRY SLAUGHTER BUSINESSES. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The City Council finds and declares that (a) On May 14, 1991, the City Council adopted Ordinance No. 683, which eliminated poultry and rabbit slaughter as permitted uses within the M-1 zone of the City. (b) Pursuant to Rosemead Municipal Code Chapter 17.12, legal nonconforming businesses established after the effective date of Chapter 17.12 may continue in operation, but are not permitted to expand. (c) There are presently existing in the City one or more, nonconforming poultry slaughter businesses. Given the present zoning of the City of Rosemead, such business(es) are located in close proximity to existing residential properties. This proximity results in the concerns related to the health and general welfare of surrounding properties and uses. More specifically, and with regard to one business in particular, the slaughter of poultry has resulted in complaints concerning odor and improper elimination of waste products, as evidenced by public testimony before the City Council on numerous occasions. Further, complaints have been made to the Regional Water Quality Control Board as well as the Los Angeles County Public Works and Health Departments for excessive odor and National Pollution Discharge Elimination System (NPDES) violations. Finally, the presence of large numbers of live chickens and the slaughter of same creates health concerns in terms of possible propagation of Avian and or H1 N1 flu (a combination of swine and avian flu strains). (d) It is well established that through zoning, the city may eliminate nonconforming uses as rapidly as is consistent with the rights of users of the property. As of the effective date of this ordinance, any legal, nonconforming businesses in the City will have had the opportunity to operate for over 18 years. The City Council finds that this over eighteen year period when combined with the additional two years provided by this ordinance is a reasonable period of time for such uses to either be made conforming or be eliminated and for such businesses to have recouped their investment in the depreciable aspects of such businesses. (e) Nothing in this ordinance is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates -1- EXHIBIT A any city ordinance or any statute of the State of California regarding public nuisances, health and safety or zoning. SECTION 2. Amendments to Section 17.12.060. Section 17.12.105 of Chapter 17.12 of Title 17 of the City of Rosemead Municipal Code is hereby added to read as follows "Section 17.12.105 Amortization of Nonconforming Poultry Slaughter Businesses. A. Amortization period. After May 12, 2012, 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 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. Publication. The City Clerk shall cause this ordinance to be published in the manner required by law. -2- EXHIBIT A PASSED, APPROVED AND ADOPTED this 13th day of April, 2010. Gary Taylor, Mayor ATTEST: Gloria Molleda, City Clerk APPROVED AS TO FORM: Joseph M. Montes, City Attorney -3- EXHIBIT A