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PC - 2012-14 - Recommending that the City Council Approve Zone Change 12-01 Changing the Zoning Classification of 2743 Strathmore.PC RESOLUTION 12 -14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 12 -01 CHANGING THE ZONING CLASSIFICATION OF 2743 STRATHMORE AVENUE FROM P (PARKING) TO C -3 (MEDIUM COMMERCIAL), AND CONDITIONAL USE PERMIT 12 -01 FOR THE OPERATION OF AUTOMOTIVE SALES BUSINESS LOCATED AT 7850 GARVEY AVENUE AND 2743 STRATHMORE AVENUE (APNS: 5284- 038 -001 AND 002). WHEREAS, on March 6, 2012, Selina Luong submitted a Zone Change request and a Conditional Use Permit application requesting to change the zoning classification of 2743 Strathmore Avenue from P (Parking) to C -3 (Medium Commercial), for the operation of an automotive sales business, located at 7850 Garvey Avenue and 2743 Strathmore Avenue; and WHEREAS, 7850 Garvey Avenue is located in the C -3 (Medium Commercial) zoning district and 2743 Strathmore Avenue is located in the P (Parking) zoning district; and WHEREAS, Sections 17.116 and 17.124 of the Rosemead Municipal Code authorize the Planning Commission to consider and recommend proposed zone changes to the City Council; and WHEREAS, Section 17.112.030(27) of the Rosemead Municipal Code (RMC) permits the operation of automotive - related uses upon the granting of a Conditional Use Permit. Section 17.112.010 sets criteria required for granting such a permit. These criteria require that the proposed use is deemed: A. The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan. B. The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood thereof; and C. The granting of such conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. WHEREAS, on August 1, 2012, an Initial Environmental Study for the proposed Zone Change and Conditional Use Permit was completed, finding that the proposed project could not have a significant effect on the environment and a Negative 1 Declaration was prepared, in accordance with the guidelines of the California Environmental Quality Act, and local environmental guidelines; and WHEREAS, on August 1, 2012, forty -two (42) notices were mailed to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real properties subject to Zone Change 12 -01 and Conditional Use Permit 12 -01, a notice was published in the San Gabriel Valley Tribune on August 1, 2012, 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 August 20, 2012, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Zone Change 12 -01 and Conditional Use Permit 12 -01; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission hereby makes a finding of adequacy with the Negative Declaration and HEREBY RECOMMENDS that the City Council adopt the Negative Declaration as the environmental clearance for Zone Change 12 -01 and Conditional Use Permit 12 -01. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that changing the zone of 2743 Strathmore Avenue from P (Parking) to C -3 (Medium Commercial) is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed zone change. SECTION 3. The Planning Commission FURTHER FINDS AND DETERMINES that Zone Change 12 -01 is consistent with the Rosemead General Plan as follows: A. Land Use: The General Plan designation will remain as Commercial and will allow for Parcel "2" to be consistent with City codes and land uses in the surrounding area. The General Plan Commercial land use designation is designed to provide tax revenues which contribute significantly to the City's financial well- being. The proposed zoning of the site is consistent with the current land uses of the City of Rosemead's General Plan and Municipal Code. According to the Zoning Ordinance /General Plan Consistency Matrix (Table LU -2) of the General Plan, the Commercial land use designation is consistent with the C -3 (Medium Commercial) zone. B. Circulation: There is no new development associated with the proposed project. The project proposes to convert an existing automotive brokerage office with 2 no car storage to an automotive sales lot. The project does not propose any use that would cause any changes, individually or cumulatively, to the level of service standard established by the county congestion management agency for designated roads or highways. The proposed project will require that all customer parking and automotive display of vehicles be located onsite. C. Housing: The proposed zone change will not induce new population growth nor displace existing housing units or people. There are no residential units on the site. The subject property is located in the P (Parking) zone. There is no new development associated with the proposed project. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. D. Resource Management: Any proposed development resulting from this Zone Change would be located in a developed urban area, and as such, will not result in any impact upon natural resources. There is no new development associated with the proposed project. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. E. Noise: No specific development project is being proposed in connection with the proposed amendment to the Zoning Map in conjunction with the proposed project. The site is completely developed. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. Because the storage of automotives for sale and noise associated with automotive ignitions turning on and off are temporary, there is no substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. In addition, the hours of operation will remain as it is today. F. Public Safety: There will not be a new increase in population or density as a result of the Zone Change, so the need for more public safety and public areas is not impacted. The site is completely developed. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. SECTION 4. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 12 -01 according to the criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The granting of such Conditional Use Permit will be in harmony with the elements or objectives of the General Plan. FINDING: The site is designated in the General Plan for Commercial and on the zoning map it is designated C -3 (Medium Commercial) and P (Parking). The proposed use is in conformity with the General Plan in that the C -3 (Medium Commercial) and P (Parking) zones are a corresponding zone district with the Commercial General Plan land use category. In addition, Goal 2, Policy 2.3 of the Land Use Element of the City's General Plan encourages continued development of self- sustaining commercial uses within centers located at strategic intersections. 3 B. The establishment, maintenance or conduct of the use for which the Conditional Use Permit is sought will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood thereof. FINDING: The proposed use will not endanger or be detrimental to surrounding properties. The site is completely developed. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. In addition, the proposed project will require that all customer parking and automotive display of vehicles be located onsite. C. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental or injurious to the general welfare of the City. FINDING: The proposed use will not be detrimental or injurious to the general welfare of the City. The site is completely developed. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. Because the storage of automotives for sale and noise associated with automotive ignitions turning on and off are temporary, there is no substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. In addition, the hours of operation will remain as it is today. SECTION 5 . The Planning Commission HEREBY RECOMMENDS CITY COUNCIL APPROVAL of Zone Change 12 -01 to change the zoning classification of 2743 Strathmore Avenue from P (Parking) to C -3 (Medium Commercial). SECTION 6 . The Planning Commission HEREBY RECOMMENDS CITY COUNCIL APPROVAL of Conditional Use Permit 12 -01 to allow the operation of an automotive sales business subject to the twenty -three (23) conditions of approval attached hereto. SECTION 7 . City Staff is directed to take the Planning Commission's recommendations to the City Council for their review and action. SECTION 8 . This resolution is the result of an action taken by the Planning Commission on August 20, 2012, by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ, SACCARO NO: NONE ABSENT: NONE ABSTAIN: NONE SECTION 9 . The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 20 day of August, 2012. Vic r Ruiz, hai CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 20 day of August, 2012 by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ, SACCARO NO: NONE ABSENT: NONE ABSTAIN: NONE APPROVED AS TO FORM: l Michelle Ramirez, retary Grego . Murphy, Plap ing Commission Attorney Burke, Williams & Sorensen, LLP 5