PC - 2013-10 - Recommending City Council Adoption of Negative Declaration for the Comprehensive Zoning Code Update ProjectPC RESOLUTION 13 -10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING CITY COUNCIL ADOPTION OF 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
Planning Commission to consider and recommend proposed municipal code
amendments and zone changes to the City Council; and
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 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
Draft Negative Declaration was prepared in accordance with the California
Environmental Quality Act (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
Planning Commission Resolution No. 13 -10 2
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
WHEREAS, on September 16, 2013, the Planning Commission held a duly
noticed and advertised public hearing to receive oral and written testimony relative to
the Negative Declaration (SCH No. 2013081031), 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 (State Clearinghouse No. 2013081031) as shown in
Exhibit "A ", as the environmental clearance for the Comprehensive Zoning Code
Update.
SECTION 5. This Resolution shall take effect immediately.
SECTION 6. This Resolution is the result of an action taken by the Planning
Commission on September 16, 2013 by the following vote:
YES: DINH, ENG, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
SECTION 8. The Secretary shall certify to the adoption of this Resolution and
shall transmit copies to the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 16 day of September 2013.
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Planning Commission Resolution No. 13 -10 3
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 16 day of
September, 2013, by the following vote:
YES: DINH, ENG, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSENT: NONE
ABSTAIN: NONE ,A A A
Michelle G. Ramirez, Sec - ry
APPROVED AS TO FORM:
Gregory WWW, Plannin sion Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Resolution No. 13 -10
EXHIBIT "A"
NEGATIVE DECLARATION /INITIAL STUDY
(Available separate due to bulk)
Planning Commission Resolution No. 13 -10