CC - Item 3B - Zone Change Ordinance No. 823I~3
ORDINANCE NO. 823
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD APPROVING ZONE CHANGE 02-215, AMENDING
ROSEMEAD ZONING MAP LAND USE DESIGNATION FROM R-2;
"LIGHT MULTIPLE RESIDENTIAL" AND "C-3; MEDIUM
COMMERCIAL" TO M-1; "LIGHT MANUFACTURING & INDUSTRIAL",
FOR PROPERTY LOCATED AT 2401 PINE STREET & 2447 SAN
GABRIEL BOULEVARD (APNs: 5284-006-800,-802,-803,-805; 5284-012-801).
WHEREAS, Mr. Rick Meaglia, representing Park Edison LLC, 688 W. Foothill Blvd.,
Monrovia, CA 91016, filed an application requesting a zone change from the C-3; "Medium
Commercial" and R-2 "Light Multiple Residential" to the M-1 "Light Manufacturing" zone for
property located at 2447 San Gabriel Boulevard and 2401 Pine Street on February 6, 2002; and
WHEREAS, the City of Rosemead has an adopted general plan, zoning ordinance, and
map, including specific development standards to control development; and
WHEREAS, Sections 17.116 and 17.120 of the Rosemead Municipal Code set forth
procedures and requirements for zone changes and amendments; and
WHEREAS, on June 6, 2002, an initial study for the draft ordinance was completed
finding that the proposed project could not have a significant effect on the environment, a negative
declaration was prepared; and
WHEREAS, on August 29, 2002, notices were posted in 12 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 hearing pursuant to California Government Code
Section 65091(a)(3); and "
WHEREAS, on August 5, 2002, the Planning Commission held a public hearing to
receive testimony and voted to recommend City Council approval of General Plan Amendment 02-
01 and Zone Change 02-215; and
WHEREAS, on August 19, 2002 the Planning Commission adopted Resolution 02-40,
recommending City Council approval of Zone Change 02-215 and General Plan Amendment 02-
01; and
WHEREAS, on September 10, 2002, the City Council held a hearing to receive public
testimony relative to Zone Change 02-215; and
WHEREAS, the City Council has sufficiently considered all testimony presented to make
the following determination.
SEP 2 4 2002
ITEM No. ' a_
Ordinance No. 780
Zone Change 97-204
Page 2 of 5
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 have not have potential
significant 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 M-1 "Light Manufacturing" zone (Zone Change 02-215) is in the
public interest and necessity and general welfare, and good city planning practice dictates and
supports the proposed zone change, in that the change to the M-1 "Light Manufacturing" Zone
will provide a superior level of planning and protection to the quality and character of the area
where the development is proposed.
Section 3. The City Council FURTHER FINDS that Zone Change 02-215 meets the
City's goals and objectives as follows: '
A. Land Use: General Plan Amendment 02-01 consists of amending the existing land use
designation from "Public Facilities" to "Mixed Use: Industrial/Commercial". This
amendment will allow for commercial /industrial development to be compatible with areas
designated as "Commercial".
B. Circulation: The development is located at San Gabriel Boulevard, a major arterial road.
The design of the proposed development allows for adequate access and circulation.
Access is provided on San Gabriel Boulevard as well as Pine Street and Fallingleaf
Ordhwnce No. 780
Zone Change 97-204
Page 3 of 5
I
Avenue. No significant! increase in traffic is anticipated
C. Housing: Although the portion of this site to be developed as a mini-storage is currently
zoned R-2; Light Multiple Residential, the proposed use will not deplete available land for
housing. Because of the overhead electrical transmission lines throughout the right of
way, Southern Calif. Edison will not allow habitable structures to be constructed
underneath them.
D. Resource Management: The Edison right of way that traverses the entire length of the
City from north to south is one of'the few open space areas with the City borders.
However, this site as well as most of the other Edison right of way sites throughout the
City, is not accessible to families for recreational uses. It is generally a private business
that locates beneath the power lines. In many cases this tenant is a wholesale nursery. The
applicant has provided extensive landscaping on the proposed site and the project will not
have any negative impacts on air or water quality in the City.
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's 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. CE A; 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 not have any potential significant impacts on the environment.
Therefore, staff has prepared and recommends adoption of a Negative Declaration.
Section 4. The City Council HEREBY APPROVES Zone Change 02-215, amending
Rosemead Zoning map land use designation from'"C-3; Medium Commercial" and R-2; "Light
Multiple Residential" to M-1; "Light Manufacturing",, for property located at 2447 San Gabriel
Boulevard and 2401 Pine Street (APN: 5284-006-800,-802,-803,-805; 5284-012-801).
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 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.
Ordbwtwe No. 780
Zorn Change 97-204
Page 4 of 5
Section 6. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED, and ADOPTED this _ day of 2002.
ROBERT BRUESCH, Mayor
ATTEST:
NANCY VALDERRAMA, City Clerk
Ordhwiwe No. 780
Zane Change 97-204
Page 5 of 5
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROSEMEAD. )
I, Nancy Valderrama, City Clerk ofthe City ofRosemead, do hereby certify that the foregoing
Ordinance No. 823 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD APPROVING ZONE CHANGE 02-215, AMENDING
ROSEMEAD ZONING MAP LAND USE DESIGNATION FROM C-3;
"MEDIUM COMMERCIAL" AND R-2; "LIGHT MULTIPLE
RESIDENTIAL" TO M-1; "LIGHT MANUFACTURING", FOR
PROPERTY LOCATED AT 2447 SAN GABRIEL BOULEVARD AND
2401 PINE STREET (APNs: 5284-006-800,-802,-803,-805, 5284-012-
801).
was duly introduced and placed upon first reading at a regular meeting of the City Council on the
10th day of September, 2002, and that thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the _ day of , 2002, by the following vote,
to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
P NANCY VALDERRAMA, City Clerk