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CC - Item 3C - Second Reading of Ordinance 923 - Zone Change 12-01 and CUP 12-01 at 7850 Garvey AvenueROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: SEPTEMBER 25, 2012 SUBJECT: ORDINANCE 923 —SECOND READING: ZONE CHANGE 12 -01 AND CONDITIONAL USE PERMIT 12 -01 -- 7850 GARVEY AVENUE AND 2743 STRATHMORE AVENUE SUMMARY On September 11, 2012, the City Council introduced Ordinance No. 923, approving Zone Change 12 -01, changing the zoning classification of 2743 Strathmore Avenue from Parking to Medium Commercial (APN: 5284 - 038 -002). Ordinance No. 923 is now before Council at the required second reading for adoption. Staff Recommendation Staff requests that City Council ADOPT Ordinance No. 923 at its second reading. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared (armed/ by: g, GLORIA MOLLEDA CITY CLERK AttachmentA — Ordinance No. 923 ITEM NUMBER: ORDINANCE NO. 923 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING ZONE CHANGE 12 -01 CHANGING THE ZONING CLASSIFICATION OF 2743 STRATHMORE AVENUE FROM P (PARKING) TO C -3 (MEDIUM COMMERCIAL), LOCATED 2743 STRATHMORE AVENUE (APN: 5284 -038- 002). 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 12 -01 would designate the zoning classification of 2743 Strathmore Avenue from P (Parking) to C -3 (Medium Commercial); 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 August 20, 2012, the City of Rosemead Planning Commission considered Zone Change 12 -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 August 20, 2012, 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 12 -01; and WHEREAS, on August 20, 2012, the Planning Commission adopted Resolution 12 -14, thereby recommending approval to the City Council of Zone Change 12 -01; and WHEREAS, on August 30, 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 property subject to Zone Change 12 -01, a notice was published in the Rosemead Reader on August 30, 2012, and notices were posted in six (6) public locations, 1 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 September 11, 2012, the City Council held a public hearing to receive public testimony relative to Zone Change 12 -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 12 -01. SECTION 2. The City Council HEREBY FINDS AND DETERMINES that Zone Change 12 -01 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 it designates the zoning classification of 2743 Strathmore Avenue from P (Parking) to C -3 (Medium Commercial). SECTION 3. The City Council 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 2743 Strathmore Avenue 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 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 2 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 City Council hereby AMENDS the City's zoning map to change the zoning of the parcel located at 2743 Strathmore Avenue (APN: 5284 - 038 -002) from P (Parking) to C -3 (Medium Commercial) and DIRECTS City Staff to make the appropriate change to the official zoning map SECTION 5. The City Clerk shall certify to the passage of this Ordinance. PASSED, APPROVED, AND ADOPTED this 25` day of September, 2012. Sandra Armenta Mayor ATTEST: Gloria Molleda, City Clerk APPROVED AS TO FORM: Rachel H. Richman, City Attorney 91 CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the City Council of the City of Rosemead at a meeting held on the 25` day of September, 2012, by the following vote: YES: NO: ABSENT: ABSTAIN: Gloria Molleda, City Clerk 4