Ordinance No. 815 - Amending Section 17.112.030ORDINANCE NO. 815
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING
MUNICIPAL CODE AMENDMENT NO. 98-01, AMENDING SECTION
17.112.030 OF THE ROSEMEAD MUNICIPAL CODE REQUIRING A
CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF
MORTUARIES/ FUNERAL HOMES IN THE M-1 LIGHT
MANUFACTURING ZONING DISTRICT.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS
FOLLOWS:
• SECTION 1. The City Council HEREBY FINDS, DETERMINES AND DECLARES that
Municipal Code Amendment No. 98-01 meets the City's goals and objectives as follows:
A. The City Council of the City of Rosemead wishes to promote the City ofRosemead's interest
in protecting and preserving the quality and character of the residential, commercial, and industrial
areas in the City, and the quality of life through effective land use planning; and
B. It is the purpose and intent of the Ordinance to provide for the reasonable and uniform
regulation of mortuaries/ funeral homes uses in the City of Rosemead. It is recognized that such land
uses may be appropriate for the Light Manufacturing Zoning District only. It is therefore the
purpose of this Ordinance to establish a conditional use permit process for the establishment and
conduct of mortuaries/ funeral homes uses which in turn will protect the public health, safety, and
welfare, preserve locally recognized values of community appearance, minimize the potential for
nuisances related to the operation of such uses, and maintain local property values; and
C. 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 will not have any
adverse impact on the environment, and accordingly has prepared and recommends adoption of
Negative Declaration.
SECTION 2. Pursuant to the City of Rosemead's CEQA Procedures and State CEQA Guidelines, it
has been determined that the adoption of this ordinance will not have a significant impact on the
environment. This conclusion is based upon the record, initial study and comments received during
the pubic 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.
Municipal Code Amendment 98-01
Ordinance No.
Page 2 of 10
Pursuant to Title XIV, California Code of Regulation, Section 753.5(v)(1), 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 XIV, 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 3. The City Council HEREBY AMENDS Section 17.112.030 (Uses Permitted by
Conditional Use Permit in Specific Zones) by adding mortuaries/ funeral home uses as follows:
• 1117.112.030(29) Mortuaries/ Funeral Homes in the M-1 zone."
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 juri sdiction, such decisions 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 5. The City Clerk shall certify to the passage of this Ordinance and shall cause same to
be published as required by law.
• PASSED AND APPROVED this 14°i day of November, 2000.
G~'T CLARK,, Mayor
ATTEST:
NANC VAL ERRAMA, City Clerk
y
Municipal Code Amendment 98-01
Ordinance No. 815
Page 3 of 3
r~
LJ
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. 815 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING
MUNICIPAL CODE AMENDMENT NO. 98-01, AMENDING SECTION
17.112.030 OF THE ROSEMEAD MUNICIPAL CODE REQUIRING A
CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF MORTUARIES/
FUNERAL HOMES IN THE M-1 LIGHT MANUFACTURING ZONE.
was duly introduced and placed upon first reading at a regular meeting of the City Council on the
14th day of November, 2000, and that thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the 28th day of November, 2000, by the following vote, to
wit:
AYES: COUNCIL MEMBERS: BRUESCH, TAYLOR, CLARK, VASQUEZ, IMPERIAL
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
NANCY V DERRAMA, City Clerk