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CC - Item 8F - Second Reading of Ordinance No. 915: General Plan Amendment 11-01 and Zone Change 11-01, Changing the Land Use Designation of Three Properties at 2562 River AvenueROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: MAY 24, 2011 SUBJECT: ORDINANCE 915 — SECOND READING: GENERAL PLAN AMENDMENT 11 -01 AND ZONE CHANGE 11 -01, CHANGING THE LAND USE DESIGNATION OF THREE (3) PROPERTIES AT 2562 RIVER AVENUE FROM THE OPEN SPACE TO THE OFFICE /LIGHT INDUSTRIAL LAND USE DESIGNATION AND FROM THE O -S ZONING CLASSIFICATION SUMMARY On May 10, 2011, the City Council introduced Ordinance No. 915, General Plan Amendment 11 -01 and Zone Change 11 -01. Ordinance No. 915 is now before Council at the required second reading for adoption. Staff Recommendation Staff requests that City Council ADOPT Ordinance No. 915 at its second reading. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: IA MOLLEDA CITY CLERK Attachment A — Ordinance No. 915 ITEM NUMBER: ORDINANCE NO. 915 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING ZONE CHANGE 11 -01 CHANGING THE ZONING CLASSIFICATION OF THREE PROPERTIES GENERALLY AT 2562 RIVER AVENUE TO THE M -1 (LIGHT MANUFACTURING AND INDUSTRIAL) ZONE. (APN's: 5282 -029 -001, -002, -802) WHEREAS, the City of Rosemead has an adopted Zoning Ordinance and associated maps, including specific development standards to control development, and WHEREAS, approval of Zone Change 11 -01 would designate three properties on River Avenue as the M -1 (Light Manufacturing and Industrial) zone; and WHEREAS, State Planning and Zoning Law, Title 17, and Chapter 17.116 of the Rosemead Municipal Code authorizes and sets standards for approval of Zone Change applications and governs development of private properties; and WHEREAS, Section 17.116.010 of the City of Rosemead Municipal Code authorizes the City Council to approve zone change applications whenever the public necessity, convenience, general welfare or good zoning practices justify such action; and WHEREAS. City of Rosemead policy encourages consistency of its Zoning Code with the General Plan and promotes separation of conflicting land uses through good planning practices: and WHEREAS, on April 18, 2011, the City of Rosemead Planning Commission considered Zone Change 11 -01 and recommended approval to the City Council after the Commission made findings that the proposed application will not have a significant impact on the environment; and WHEREAS, on April 18, 2011, the Planning Commission held a public hearing to receive testimony, and after hearing all testimonies from the public, the Commission recommended approval to the City Council of Zone Change 11 -01; and WHEREAS, on April 18, 2011, the Planning Commission adopted Resolution 11- 05, thereby recommending approval to the City Council of Zone Change 11 -01; and WHEREAS, on April 28, 2011, ten (10) notices were mailed to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property subject to Zone Change 11 -01, a notice was published in the San Gabriel Valley Tribune on April 29, 2011, and notices were posted in six (6) public locations, specifying the availability of the application, plus the date, time and location of the public hearing pursuant to California Government Code Section 65091(a)(3); and WHEREAS, on May 10, 2011, the City Council held a public hearing to receive public testimony relative to Zone Change 11 -01; and WHEREAS. the City Council has sufficiently considered all testimony presented to them and hereby make the following determination: NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Rosemead as follows: SECTION 1 . The City Council hereby makes a finding of adequacy with the Negative Declaration and HEREBY ADOPTS the Negative Declaration, as the environmental clearance for Zone Change 11 -01. The City Council, having final approval authority over this project, has reviewed and considered all comments received during the public review period prior to the approval of this project. SECTION 2. The City Council HEREBY FINDS AND DETERMINES that Zone Change 11 -0 1 is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed zone change, in that the amendment to the Zoning Map return the zoning of three properties on River Avenue to their historic M -1 zoning classification, which is consistent with the adjacent land uses to north of the properties. SECTION 3. The City Council FURTHER FINDS AND DETERMINES that Zone Change 11 -01 is consistent with the Rosemead General Plan as follows The proposed amendment to the Zoning Map will change the land use classification of three properties on River Avenue from the O -S (Open Space) zone to the M -1 (Light Manufacturing and Industrial) zone. The proposed change will not eliminate any active or passive recreation areas since the subject properties are private property and not open to the public. Since the properties where classified M -1 before being reclassified to O -S in the 2010 General Plan update, the proposed project will return the properties to their historical land use classification. Additionally, there has been no change in use of the properties in the intervening years since the parcels were classified M -1 (Light Manufacturing and Industrial). The revised Zoning Map is consistent with revised General Plan Land Policy Map (Figure 2 -1) of the General Plan since the land use designation for the three subject properties will be changed from Open Space to Office /light Industrial and the M -1 (Light Manufacturing and Industrial) zone is a corresponding zone to the Office/Light Industrial land use designation in Table 2 -5 of the Land use Element of the General Plan. The public necessity, convenience, and general welfare will be served by the adoption of the revised Zoning Map, as K will allow for increased opportunities for light manufacturing and industrial development in a portion of the City that is already one of the primary centers for such economic activity in the City without negatively impacting residential neighborhoods or commercial areas of the City. The Zone Change will ensure that internal consistency is maintained between the land use designation and zoning classification for the subject properties. SECTION 4. The Zoning Map as a part of Title 17 of the Rosemead Municipal Code is HEREBY AMENDED to read as read as incorporated by this reference as Exhibit A: 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. 915 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 24'" Day of May, 2011. Steven Ly, Mayor ATTEST: Gloria Molleda, City Clerk APPROVED AS TO FORM: Rachel Richman, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROSEMEAD ) I Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the foregoing Ordinance No.915 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 10' day of May, 2011. That after said Ordinance was adopted and passed at a regular meeting of the City Council on the 24 day of May, 2011, by the following vote, to wit: Yes: No: Absent: Abstain: GLORIA MOLLEDA, City Clerk