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PC - 2015-15 - Recommending That The City of Council Adopt Municipal Code Amendment 15-06 Amending Services Uses - Restricted in Table 17.16.020.1 for the Purpose of Revising Land use Controls for Massage ServicesPC RESOLUTION 15 -15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT MUNICIPAL CODE AMENDMENT 15 -06 AMENDING SERVICES USES — RESTRICTED IN TABLE 17.16.020.1 OF SECTION 17.16.020 FOR THE PURPOSE OF REVISING LAND USE CONTROLS FOR MASSAGE SERVICES WHEREAS, Chapter 17.152 of the Rosemead Municipal Code sets forth procedures and requirements for Municipal Code Amendments; and WHEREAS, the City of Rosemead has adopted the General Plan and Zoning Ordinance, and map, including specific development standards, to control development, and WHEREAS, Chapter 17.152.040 of the Rosemead Municipal Code authorizes the Planning Commission to consider and recommend proposed Municipal Code Amendments to the City Council; and WHEREAS, Municipal Code Amendment 15 -06 revises land use controls for massage services in the City of Rosemead, and WHEREAS, on October 8, 2015, a Public Hearing Notice was published in the Rosemead Reader and posted at six (6) public locations in the City specifying the date, time and location of the Planning Commission public hearing on Municipal Code Amendment 15 -06 pursuant to California Government Code Section 65091(a)(4); and WHEREAS, on October 19, 2015, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Municipal Code Amendment 15 -06; 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 FINDS AND DETERMINES that Municipal Code Amendment 15 -06 is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no significant effect on the environment. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify recommending approval of Municipal Code Amendment 15- 06 in accordance with Chapter 17.152, Section 17.152.060.6 of the Rosemead Municipal Code as follows: 19 A. The proposed amendment is consistent with the General Plan and any applicable specific plan; FINDING: The proposed Municipal Code Amendment revises land use controls for massage services in the City of Rosemead. Massages establishments are allowed by the current General Plan and Zoning Code. Municipal Code Amendment 15 -06 maintains the current consistency with the General Plan and between the General Plan and Zoning Code. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and FINDING: Municipal Code Amendment 15 -06 will promote public health, safety, and general welfare and serve the goals and purposes of Title 17 by revising land use controls for massage services as allowed under State law. The amendment does not authorize any changes to the environment and will have no impacts to properties in the City or their surrounding environment. C. The proposed amendment is internally consistent with other applicable provisions of the Zoning Code. FINDING: The proposed Municipal Code Amendment revises land use controls for massage services in the City of Rosemead. Massages establishments are allowed by the current General Plan and Zoning Code. Municipal Code Amendment 15 -06 maintains the current consistency with all other provisions of the Zoning Code. Services Uses - Restricted; Beauty Health Spa -- -- AUP S. Seth-: AUP Check Cashing -- -- CUP -- Fortune Telling -- -- AUP -- 17.16.030cr om Hotel /Motel -- -- CUP CUP See Article 3, Chapter .17030k 1730 See Title 5, Chapter 5.24, Massage Services __ __ AUP _ relating to Business CUP License Requirements for Massage Uses Notes: P Permitted Use A Permitted Accessory Use -- Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required 7 SECTION 3. The Planning Commission does HEREBY RECOMMEND that the Services Uses — Restricted in Table 17.16.020.1 of Section 17.16.020 of the Rosemead Municipal Code be amended to read as follows: Table 17.16.020.1 Uses in Commercial Districts SECTION 4. The Planning Commission HEREBY RECOMMENDS TO THE CITY COUNCIL APPROVAL of Municipal Code Amendment 15 -06 revising land use controls for massage services within the City of Rosemead. SECTION 5. This resolution is the result of an action taken by the Planning Commission on October 19, 2015 by the following vote: YES: DANG, ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSENT: NONE ABSTAIN: NONE SECTION 6. 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 19th day of October, 2015. John Tancf, Cha M 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 19th day of October, 2015, by the following vote: YES: DANG, ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSENT: NONE ABSTAIN: NONE 2L I Q.( Michelle G. Ramirez, Sec t$ry APPROVED AS TfN FORM: Gregory M. Murp anning Comm6sron Attorney Burke, Williams & Sorensen, LLP