Ordinance No. 761 - Amending Conditional Use PermitORDINANCE NO. 761
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING MUNICIPAL CODE AMENDMENT NO. 95-02, ADDING
SECTIONS TO THE ROSEMEAD MUNICIPAL CODE CLARIFYING
USES WHICH REQUIRE A CONDITIONAL USE PERMIT, AND
AMENDING THE CODE REQUIRING AUTO RELATED USES TO
OBTAIN A CONDITIONAL USE PERMIT.
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. 95-02 meets the City's goals and objectives as follows:
A. The City Council of the City of Rosemead wishes to promote the City of Rosemead'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 automotive uses in the City of Rosemead. It is recognized that automotive uses
• can become unsightly creating a deleterious effect upon adjacent areas, as well as the areas in
which they are located. It is therefore the purpose of this Ordinance to establish a process for
the establishment and conduct of various types of automotive related 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 automotive 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 a 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 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
judgement in reaching the above conclusion. The City Council, therefore, approves the Negative
Declaration.
Municipal Code Amendment 95-02
Page 2
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 DELETES Sections 9111.1(B)(03), 9111.1(B)(17),
9111.1(B)(41), 9112.1(A)(03), 9114.1(B)(04), 9114.1(B)(04), 9114.1(B)(07), 9114.1(B)(44),
9114. 1 (B)(45), 9114.1(B)(49), 9181.1(02), and 9181.1(06) of the Rosemead Municipal Code.
SECTION 4. The City Council HEREBY ADDS Section 9104. 1.1 to the Rosemead Municipal
Code as follows:
9104.1.1 Uses Permitted with a Conditional Use Permit.
Section 9181 et sea. lists uses that are permitted in
various zones pursuant to securing a conditional use
permit in accordance with the standards and
procedures set out in this Title.
SECTION 5. The City Council HEREBY ADDS Section 9105. 1.1 to the Rosemead Municipal
Code as follows:
9105.1.1 Uses Permitted with a Conditional Use Permit.
Section 9181 et spQ. lists uses that are permitted in
various zones pursuant to securing a conditional use
permit in accordance with the standards and
procedures set out in this Title.
SECTION 6. The City Council HEREBY ADDS Section 9106. 1.1 to the Rosemead Municipal
Code as follows:
• 9106.1.1 Uses Permitted with a Conditional Use Permit.
Section 9181 et sea. lists uses that are permitted in
various zones pursuant to securing a conditional use
permit in accordance with the standards and
procedures set out in this Title.
Municipal Code Amendment 95-02
Page 3
SECTION 7. The City Council HEREBY ADDS Section 9107. 1.1 to the Rosemead Municipal
Code as follows:
9107.1.1 Uses Permitted with a Conditional Use Permit.
Section 9181 et seams lists uses that are permitted in
various zones pursuant to securing a conditional use
permit in accordance with the standards and
procedures set out in this Title.
SECTION 8. The City Council HEREBY ADDS Section 9108. 1.1 to the Rosemead Municipal
Code as follows:
9108.1.1 Uses Permitted with a Conditional Use Permit.
Section 9181 et sea. lists uses that are permitted in
various zones pursuant to securing a conditional use
permit in accordance with the standards and
procedures set out in this Title.
SECTION 9. The City Council HEREBY ADDS Section 9109. 1.1 to the Rosemead Municipal
• Code as follows:
9109.1.1 Uses Permitted with a Conditional Use Permit.
Section 9181 to sect lists uses that are permitted in
various zones pursuant to securing a conditional use
permit in accordance with the standards and
procedures set out in this Title.
SECTION 10. The City Council HEREBY ADDS Section 9110. 1.1 to the Rosemead Municipal
Code as follows:
9110.1.1 Uses Permitted with a Conditional Use Permit.
Section 9181 tg sec. lists uses that are permitted in
various zones pursuant to securing a conditional use
permit in accordance with the standards and
• procedures set out in this Title.
Municipal Code Amendment 95-02
Page 4
SECTION 11. The City Council HEREBY ADDS Section 9111. 1.1 to the Rosemead Municipal
Code as follows:
9111.1.1 Uses Permitted with a Conditional Use Permit.
Section 9181 et sea, lists uses that are permitted in
various zones pursuant to securing a conditional use
permit in accordance with the standards and
procedures set out in this Title.
SECTION 12. The City Council HEREBY ADDS Section 9112. 1.1 to the Rosemead Municipal
Code as follows:
9112.1.1 Uses Permitted with a Conditional Use Permit.
Section 9181 et sea. lists uses that are permitted in
various zones pursuant to securing a conditional use
permit in accordance with the standards and
procedures set out in this Title.
SECTION 13. The City Council HEREBY ADDS Section 9114. 1.1 to the Rosemead Municipal
• Code as follows:
9114.1.1 Uses Permitted with a Conditional Use Permit.
Section 9181 to seg. lists uses that are permitted in
various zones pursuant to securing a conditional *use
permit in accordance with the standards and
procedures set out in this Title.
SECTION 14. The City Council HEREBY DELETES Part XV, Chapter 9115 (M-2 Zone) of
the Rosemead Municipal Code in its entirety.
SECTION 15. The City Council HEREBY ADDS Section 9117. 1.1 to the Rosemead Municipal
Code as follows:
9117.1.1 Uses Permitted with a Conditional Use Permit.
• Section 9181 et sea, lists uses that are permitted in
various zones pursuant to securing a conditional use
permit in accordance with the standards and
procedures set out in this Title.
Municipal Code Amendment 95-02
Page 5
SECTION 16. The City Council HEREBY ADDS Section 9118. 1.1 to the Rosemead Municipal
Code as follows:
9118.1.1 Uses Permitted with a Conditional Use Permit.
Section 9181 to sect. lists uses that are permitted in
various zones pursuant to securing a conditional use
permit in accordance with the standards and
procedures set out in this Title.
SECTION 17. The City Council HEREBY ADDS allowable uses to Section 9111.1(B) to the
Rosemead Municipal Code as follows:
9111.1(B)(45) Retail sales of automotive parts
without installation and no outside
storage.
9111.1(8)(46) Automotive Brokerage Office, no car
storage.
E
SECTION 18. The City Council HEREBY ADDS Section 9114. 1 (B)(50) to the Rosemead
Municipal Code as follows:
9114.1(B)(50) Automotive Sales (New or Used)
with no repair facilities on-site.
SECTION 19. The City Council HEREBY ADDS Section 9181.1(39) to the Rosemead
Municipal Code as follows:
9181.1.39 Automotive-Related uses including:
•
1. Auto Body Shop either with or without painting in the M-1 zone;
2. Gasoline/Service Station in the CBD, C-1, C-3 and M-1 zones;
3. Car Wash/Auto Laundry in the C-3 and M-1 zones;
4. Muffler Repair/Installation Shop in the C-3 and M-1 zones;
5. Automotive Painting in the M-1 zone;
6. Auto Parts Sales (New/Used) with Installation in the C-3 and M-1
zones;
7. Auto Rental in the C-3 and M-1 zones;
8. Automotive Repair in the C-3 and M-1 zones;
9. Automotive Sales (New/Used) with repair in the C-3 and M-1
zones;
Municipal Code Amendment 95-02
Page 6
10. Automotive Specialty Shops involving Installations within enclosed
buildings only including; Tinting, Tires, Upholstery, etc. in the C-3 and
M-1 zones;
11. Towing Services in the M-1 zone;
12. Auto Auction in the C-3 zone;
and all other uses determined by the Director of Planning to be
similar subject to the following requirements:
B. Uses listed under Section 9181.1.39 shall be required to secure
a conditional use permit upon commencement of a new use or the
intensification of an existing, legal non-conforming use.
C. A conditional use permit for an automotive related use may be
issued by the Planning Commission subject to meeting the
following conditions:
1. All repair work shall be conducted wholly within
the enclosed building.
• 2. Parking areas and drive aisles shall remain
unobstructed in a manner to provide for vehicular
maneuvering.
3. Vehicles to be repaired shall be stored or
parked in designated areas only. Such vehicles may
not be located in the required off-street parking or
landscape areas nor on any public sidewalk,
parkway, street, or alley.
4. No portion of the lot, outside of the building,
shall be used for storage of any type, unless
designated and approved by the Director of
Planning. All trash and debris shall be contained
within approved trash enclosure(s).
• 5. All waste materials shall be handled and
disposed of in accordance with local, state and
federal laws and policies. No waste material shall
be washed or poured into any public alley, street,
storm drain, or sewer.
Municipal Code Amendment 95-02
Page 7
SECTION 19. 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 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 20. 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 --_2 Y day of 1995.
ATTEST:
• 7
NAN VALDERRAMA, City Clerk
I hereby certify that the foregoing Ordinance NO. 761 was
duly and regularly adopted by the Rosemead City Council
at a regular meeting held on the 28th day of November, 1995,
by the following vote:
Yes: Clark, Vasquez, Bruesch, Imperial
No: Taylor
Absent: None
Abstain: None
•
CITY
Municipal Code Amendment 95-02
Page 8
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF ROSEMEAD )
I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Ordinance No. 761 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING
MUNICIPAL CODE AMENDMENT NO. 95-02, ADDING SECTIONS TO
THE ROSEMEAD MUNICIPAL CODE CLARIFYING USES WHICH
REQUIRE A CONDITIONAL USE PERMIT, AND AMENDING THE CODE
REQUIRING AUTO RELATED USES TO OBTAIN A CONDITIONAL USE
PERMIT.
was duly introduced and placed upon first reading at a regular meeting of the City Council on
the L- day of ;995, and that thereafter, said Ordinance was duly adopted and
passed at a regular meeting of the City Council on theme day of 1995, by the
following vote, to wit:
• AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Clark, Vasquez, Bruesch, Imperial
Taylor
None
None
2
NANC VALDERRAMA, City Clerk
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