Ordinance No. 803 - Zone Change 99-211ORDINANCE NO. 803
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING ZONE CHANGE 99-211, AMENDING ROSEMEAD ZONING
MAP FROM R-2; "LIGHT MULTIPLE RESIDENTIAL" TO "C-3; MEDIUM
COMMERCIAL", FOR THE DEVELOPMENT OF A RESTAURANT WITH
DRIVE THROUGH ACCESS LOCATED AT 3041 GLADYS AVENUE (APNs:
5288-009-053,-054,-055).
WHEREAS, on December 29, 1999, Jack-In-The-Box, 100 West Banranca Avenue, Suite
200, West Covina, CA, 91791, filed an application requesting an amendment Rosemead zoning map
from R-2; "Light Multiple Residential" to "C-3; Medium Commercial" on property located at 3041
• Gladys Avenue; and
WHEREAS, the City of Rosemead has an adopted general plan, zoning ordinance, and map,
including specific development standards to control development; and
WHEREAS, Zone Change 99-211 would designate the subject property C3; "Medium
Commercial" allowing commercial types of development such as restaurants with drive through
access; and
WHEREAS, State Planning and Zoning Law, Title 7, Chapter 3, Article 8, plus Sections
17.116 & 17.124, of the Rosemead Municipal Code, authorize, and set standards for, the preparation
of specific plans (zone change) governing the development of private property; and
• WHEREAS, Sections 17.116 and 17.124 of the Rosemead Municipal Code authorize the
Planning Commission to consider and recommend proposed zone change to the City Council; and
WHEREAS, Section 65454 of the California Government Code requires that specific plans
(zone change) be consistent with the adopted general plan; and
WHEREAS, City Council policy encourages the preparation of these zone changes because
of the superior level of planning and protection they offer to the quality and character of area where
they are located; and
WHEREAS, on February 16, 2000, an initial study for the draft ordinance was completed
finding that all potential environmental impacts can be mitigated to a level of insignificance; and
WHEREAS, on February 23 and March 29, 2000, notices were posted in 10 public locations
and 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 hearings pursuant to California
Government Code Section 65091(a)(3); and
WHEREAS, on March 20, 2000, the Planning Commission held a public hearing to receive
testimony and voted to recommend City Council approval of Zone Change 99-211; and
Ordinance No. 803
Zone Change 99-211
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WHEREAS, on April 3, 2000 the Planning Commission adopted Resolution 00-10,
recommending City Council approval of Zone Change 99-211; and
WHEREAS, on April 11, 2000 the City Council held a hearing to receive public testimony
relative to Zone Change 99-211; and
WHEREAS, the City Council has sufficiently considered all testimony presented to make
• the following determination.
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 not have potential
environmental impacts. This conclusion is based upon the record, initial study and comments
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)(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 2. The City Council HEREBY FINDS, DETERMINES AND DECLARES that
placing the property in the C-3; "Medium Commercial" zone is in the interest of the public necessity
and general welfare, and good city planning practice dictates and supports the proposed zone change,
in that the change to the zoning district will provide a superior level of planning and protection to the
quality and character of the area where the development is proposed.
Ordinance No. 803
Zone Change 99-211
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Section 3. The City Council FURTHER FINDS that Zone Change 99-211 meets the City's
goals and objectives as follows:
A. Land Use: Zone Change 99-211 consists of amending Rosemead zoning map from R-2;
"Light Multiple Residential" to C-3; "Medium Commercial". This amendment will allow for
this commercial development to be compatible with the surrounding area that is designated
"Medium Commercial".
B. Circulation: This development is adjacent to San Gabriel Blvd. and Garvey Ave., both major
arterial roadways. Access from San Gabriel Blvd. is provided by a 56 foot wide
ingress/egress at the west property line. A historic circulation pattern allows access from
Garvey Avenue. One northern driveway approach will be located off Gladys Avenue, a local
street.
C. Housing: Although a portion of this site is currently zoned R-2; "Light Multiple Residential",
the proposed zone change and general plan amendment will not deplete available land for
housing. Existing housing on lot is surrounded by commercial uses and is dilapidated. Only
a single home will be removed.
D. Resource Management: Development is required to provide landscaping areas in the overall
site plan.
• E. Noise: This development will not generate any significant noise levels for the surrounding
area. An initial study was completed and its findings have determined that this development
could not have a significant effect on the environment.
F. Public Safety: The Fire and Sheriff Departments have reviewed the proposed plans. The site
is not located in any special study zones. The entire City of Rosemead is free from any flood
hazard designations.
G. CEQA; 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 have adverse impacts on certain aspects of the environment. However, these impacts
can be mitigated to a level of insignificance. Therefore, staff has prepared and recommends
adoption of a Negative Declaration.
Ordinance No. 803
Zone Change 99-211
Page 4 of 5
Section 4. The City Council HEREBY APPROVES Zone Change 99-211, amending
Rosemead zoning map from R-2; "Light Multiple Residential" to C-3; "Medium Commercial", for
the development of a restaurant with drive through access located at 3041 Gladys Avenue (APNs:
5288-009-053,-054,-055).
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 Ordinance No. 803, 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 passage of this Ordinance.
PASSED AND APPROVED, this 11th day of April, 2000.
MARGARET CLARK, Mayor
ATTEST:
•
NANCY VALDERRAMA, City Clerk
Ordinance No. 803
Zone Change 99-211
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. 803 being:
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD APPROVING ZONE CHANGE 99-211, AMENDING
ROSEMEAD ZONING MAP FROM R-2; "LIGHT MULTIPLE
RESIDENTIAL" TO C-3; "MEDIUM COMMERCIAL", FOR THE
DEVELOPMENT OF A RESTAURANT WITH DRIVE THROUGH
ACCESS LOCATED AT 3041 GLADYS AVENUE (APNs: 5288-009-053,-
054,-055).
was duly introduced and placed upon first reading at a regular meeting of the City Council on
the 11 th day of April, 2000, and that thereafter, said Ordinance was duly adopted and passed, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Bruesch, Clark, Vasquez
NOES: COUNCIL MEMBERS: None
• ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Imperial, Taylor
NANCY VALDERRAMA, City Clerk