CC - 2013-45 - Adopting A Negative Declaration for the Comprehensive Zoning Code Update ProjectRESOLUTION 2013 -45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
ADOPTING A NEGATIVE DECLARATION (STATE CLEARINGHOUSE
NO. 2013081031) FOR THE COMPREHENSIVE ZONING CODE
UPDATE PROJECT (MUNICIPAL CODE AMENDMENT 10 -07, ZONE
CHANGE 13 -01, REVISIONS TO EXISTING SINGLE - FAMILY
GUIDELINES, AND ADOPTION OF LOCAL CEQA GUIDELINES)
WHEREAS, on October 14, 2008, the City Council adopted a comprehensive
update to the Rosemead General Plan, by Resolution No. 2008 -66, and
WHEREAS, on April 13, 2010, the City Council adopted an amendment to
Rosemead General Plan, by Resolution No. 2010 -23, and
WHEREAS, the General Plan provides a vision that will guide the future
development in the City of Rosemead through a set of goals, objectives, and policies,
and
WHEREAS, pursuant to Government Code Section 65860, local jurisdictions,
with newly adopted general plans, are required to amend their zoning ordinances to
ensure consistency with the newly adopted general plan, and
WHEREAS, the City of Rosemead is pursuing a comprehensive update to the
City's Zoning Code (Title 17 of the Rosemead Municipal Code) to further enhance the
quality of life in Rosemead, to implement General Plan. policy, and to add provisions
mandated by State and Federal law, and
WHEREAS, amendments to the City's existing Home Occupation business
license regulations (Title 5 of the Municipal Code, Chapter 5.41 — Home Occupations)
are included in the Comprehensive Zoning Code Update project for the purpose of
allowing Cottage Food Operations (CFOs) as home occupations in residential zoning
districts in accordance with State law, and
WHEREAS, revisions to the City's existing Zoning Map and Single - Family
Residential Design Guidelines are proposed to ensure that these documents are
internally consistent with the proposed Comprehensive Zoning Code Update, and
WHEREAS, the project also proposes the adoption of "City Procedures for
Implementation of the California Environmental Quality Act (CEQA)," as State law
requires that each city adopt its own procedures for evaluating projects under CEQA
guidelines within its jurisdiction, and
WHEREAS, Chapter 17.116 of the Rosemead Municipal Code authorizes the
City Council to consider and approve municipal code amendments and zone changes;
and
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WHEREAS, a Final EIR (FIER) for the 2008 City of Rosemead General Plan
Update (State Clearinghouse Number 2007111090) that was certified on October 14,
2008, and Addendum to the FEIR that was certified on April 13, 2010 for the 2010
General Plan amendment analyzed both the General Plan and Zoning Code Update
based on changes required by the General Plan to make the two documents consistent.
Updates to the City's Zoning Map were also studied. The project environmental analysis
of the 2008 FEIR and 2010 Addendum consisted of the evaluation of the assumed
changes in comparison to the current Zoning Code, and
WHEREAS, the City staff prepared an initial study for the proposed
Comprehensive Zoning Code Update project, which was a "tiered" environmental
impact analysis in accordance with Section 15152 of the California Environmental
Quality Act that involved reference of generalized discussions from the 2008 FEIR and
2010 Addendum. The initial study also incorporated review of proposed amendments to
Title 5, Chapter 5.41 (Home Occupations), the revisions to the City's existing Single -
Family Residential Design Guidelines, and the proposed Local CEQA Guidelines, and
WHEREAS, based on the initial study, the Comprehensive Zoning Code Update
project would have a less than significant impact on the environment and therefore, a
Negative Declaration was prepared in accordance with CEQA and the State of
California CEQA Guidelines, and
WHEREAS, a on August 13, 2013 a Notice of Completion for the adoption of the
Negative Declaration (State Clearinghouse No. 2013081031) was sent to the California
State Clearinghouse for a public review period of thirty (30) days, beginning on August
14, 2013 and ending on September 12, 2013, and
WHEREAS, a on August 15, 2013 a Public Hearing Notice and Notice of Intent to
adopt the Negative Declaration, specifying the public comment period and the time and
place for a public hearing pursuant to California Government Code Section 65091(a)(4)
and California Government Public Resource Code 15073, was provided to the Los
Angeles County Clerk, published in the Rosemead Reader, and posted at the five (5)
public locations in the City; and
WHEREAS, the City has received two comment letters; one from the County of
Los Angeles Department of Public Works and one from the Public Utilities Commission,
Rail Crossings Engineering Section, Safety and Enforcement Division. Please note that
the comments address Zoning Code Policy and consideration of mitigation measures
for future development projects and not the adequacy with the Draft Negative
Declaration. The final Negative Declaration contains responses to those comments, as
well as modifications to text based upon the comments and that those have been made
available to the Planning Commission for its review and consideration; and
WHEREAS, since public circulation of the Draft Negative Declaration no
significant new information has been submitted, and therefore recirculation of the
Negative Declaration is not required under CEQA, and
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
DOES HEREBY RESOLVES AS FOLLOWS:
SECTION 1 . Pursuant to the California Environmental Quality Act Guidelines, it
has been determined that the Comprehensive Zoning Code Update Project (Municipal
Code Amendment 10 -07 and Zone Change 13 -01) will not have a potential significant
environmental impact. This conclusion is based upon the record, the initial study and
comments received during the public review period. Therefore, a Negative Declaration
has been prepared according to the California Environmental Quality Act guidelines and
a Notice of Determination has been prepared.
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. Furthermore, the City Council has exercised its own
discretionary and independent judgment in reaching the above conclusion. The City
Council, therefore, hereby adopts the Negative Declaration for the Comprehensive
Zoning Code Update project.
Pursuant to Title XIV, California Code of Regulations, 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 potential adverse effects on wildlife
resources or the habitat upon which the wildlife depends. Furthermore, on the basis of
substantial evidence, the City Council hereby finds that any presumption of adverse
impacts 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 no potential effect on fish, wildlife and habitat
resources.
Based upon the foregoing, City' Council approved the negative declaration
attached to this resolution as Exhibit A.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
hereafter the same shall be in full force and effect.
(Signatures on Following Page)
C)
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rosemead,
County of Los Angeles of the State of California on October 8, 2013.
Polly Low, y
City of Rosemead, California
ATTEST:
An,
CA
r
loria, Molleda, City Clerk
City of Rosemead, California:
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
n
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing
Resolution No. 2013 -45 being:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA,
ADOPTING A NEGATIVE DECLARATION
(STATE CLEARINGHOUSE NO. 2013081031)
FOR THE COMPREHENSIVE ZONING CODE
UPDATE PROJECT (MUNICIPAL CODE
AMENDMENT 10.07, ZONE CHANGE 13 -01,
REVISIONS TO EXISTING SINGLE - FAMILY
GUIDELINES, AND ADOPTION OF LOCAL
CEQA GUIDELINES)
was duly and regularly approved and adopted by the Rosemead City Council on the 8th of
October, 2013 by the following vote to wit:
Yes: Alarcon, Armenta, Low, Ly
No: Clark
Abstain: None
Absent: None
&'L' W«s'
Gloria Molleda
City Clerk
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: OCTOBER 8, 2013
SUBJECT: COMPREHENSIVE ZONING CODE UPDATE
(MUNICIPAL CODE AMENDMENT 10 -07, ZONE CHANGE 13 -01,
PROPOSED AMENDMENT TO THE CITY'S SINGLE - FAMILY
RESIDENTIAL DESIGN GUIDELINES, AND PROPOSED LOCAL
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES)
SUMMARY
Municipal Code Amendment 10 -07 and Zone Change 13 -01 consist of City of
Rosemead initiated amendments to the City's Zoning Code (Title 17 of the Rosemead
Municipal Code) pursued to implement General Plan policy and to add provisions
mandated by State and Federal law. Revisions to the City's existing Zoning Map and
Single - Family Residential Design Guidelines are proposed to ensure that these
documents are consistent with the proposed Comprehensive Zoning Code Update
project. Amendments to the City's existing Home Occupation business license
regulations (Title 5 of the Municipal Code, Chapter 5.41 — Home Occupations) are
included in the project for the purpose of allowing Cottage Food Operations (CFOs) as
home occupations in residential zoning districts in accordance with State law. The
project also proposes the adoption of "City Procedures for Implementation of the
California Environmental Quality Act (CEQA)," as State law requires that each city adopt
its own procedures for evaluating projects under CEQA guidelines within its jurisdiction.
On September 16, 2013, the Planning Commission held a duly noticed and advertised
public hearing relative to the Comprehensive Zoning Code Update project. Upon
hearing written and oral testimony, the Planning Commission adopted Resolution No.
13 -11, Resolution No. 13 -12, and Resolution 13 -13 recommending that the City Council
ADOPT Ordinance No. 931 (Attachment "A "), Ordinance No. 932 (Attachment "B "), and
Ordinance No. 933 (Attachment "C ") approving the Comprehensive Zoning Code
Update without any deletions, additions, or modifications. The Planning Commission
staff report, draft meeting minutes, and Resolution No's. 13 -11 through 13 -13 have
been included in this report (Attachments "E" through "I ") respectively.
ITEM NUMBER: <J� i