City Council - Item II . A+A1 - Development of Mortuaries/Funeral HomesNov 14 zuoo
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+ITEM NO. Z_
staf epor
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER
DATE: NOVEMBER 6, 2000
SUBJECT: ORDINANCE NO. 815 -AMENDING SECTION 17.112.030 OF THE
ROSEMEAD MUNICIPAL CODE REQUIRING A CONDITIONAL USE
PERMIT FOR THE DEVELOPMENT OF MORTUARIES/ FUNERAL
HOMES IN THE M-1 LIGHT MANUFACTURING ZONING DISTRICT.
BACKGROUND
Municipal Code Amendment 98-01 is a staff-initiated amendment to require a conditional use
permit for the development of mortuaries/ funeral homes in the M-1; Light Manufacturing
Zoning District. Staff conducted a survey with fifteen surrounding cities to determine
requirements and standards for a land use, such as mortuaries/ funeral homes. Based on the
findings, staff has determined that amending Section 17.112.030 of the Rosemead Municipal
Code to allow the development of mortuaries/ funeral homes in the M-1; Light Manufacturing
Zoning District upon the granting of a conditional use permit would be consistent with the
surrounding commercial properties and land uses in the general area and in protecting the public
interest.
DISCUSSION
On September 13, 2000, an initial study was prepared in accordance with state and local
environmental regulations to analyze the potential environmental impacts that could be created
from the proposed project. The findings of the study indicate this project will not have a
significant environmental impact to the environment. Therefore, a Negative Declaration has
been prepared in accordance with the California Environmental Quality Act (CEQA).
Rosemead City Council
November 14, 2000
Page 2 of 2
Staff finds that the Ordinance itself will serve to reduce potential environmental impacts to a
level of insignificance without eliminating business opportunity. The study was noticed in 10
public locations and a newspaper periodical, soliciting comments for more than a 21-day period
prior to the Planning Commission hearing on October 16, 2000.
RECOMMENDATION
Staff recommends that the City Council adopt a Negative Declaration and approve Municipal
Code Amendment 98-01, introduce and place Ordinance No. 815 on first reading and schedule
the item for a 2nd reading at the meeting of November 28, 2000.
EXHIBITS:
A. Ordinance No. 815
B. Staff Report, dated October 16, 2000
C. Planning Commission Minutes, dated October 16, 2000
D. Zoning Map
ORDINANCE NO. 815
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING
MUNICIPAL CODE AMENDMENT NO. 98-01, AMENDING SECTION
17.112.030 OF THE ROSEMEAD MUNICIPAL CODE REQUIRING A
CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF
MORTUARIES/ FUNERAL HOMES IN THE M-1 LIGHT
MANUFACTURING ZONING DISTRICT.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. The City Council HEREBY FINDS, DETERMINES AND DECLARES that
Municipal Code Amendment No. 98-01 meets the City's goals and objectives as follows:
A. The City Council of the City of Rosemead wishes to promote the City ofRosemead's interest
in protecting and preserving the quality and character of the residential, commercial, and industrial
areas in the City, and the quality of life through effective land use planning; and
B. It is the purpose and intent of the Ordinance to provide for the reasonable and uniform
regulation of mortuaries/ funeral homes uses in the City of Rosemead. It is recognized that such land
uses may be appropriate for the Light Manufacturing Zoning District only. It is therefore the
purpose of this Ordinance to establish a conditional use permit process for the establishment and
conduct of mortuaries/ funeral homes uses which in turn will protect the public health, safety, and
welfare, preserve locally recognized values of community appearance, minimize the potential for
nuisances related to the operation of such uses, and maintain local property values; and
C. The City staff has prepared an initial study pursuant to the California Environmental Quality
Act (CEQA). This study has determined that the proposed zoning amendments will not have any
adverse impact on the environment, and accordingly has prepared and recommends adoption of
Negative Declaration.
SECTION 2. Pursuant to the City ofRosemead's CEQA Procedures and State CEQA Guidelines, it
has been determined that the adoption of this ordinance will not have a significant impact on the
environment. This conclusion is based upon the record, initial study and comments received during
the pubic review period. Therefore, a Negative Declaration has been prepared according to CEQA.
The City Council, having final approval authority over this project, has reviewed and considered any
comments received during the public review prior to the approval of this project. Furthermore, the
City Council has exercised its own independent judgment in reaching the above conclusion. The
City Council, therefore, approves the Negative Declaration.
EXHIBIT "A"
Municipal Code Amendment 95-01
Ordinance No.
Page l of 10
Pursuant to Title XIV, California Code of Regulation, 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 the potential for adverse effect on the wildlife resources or the habitat upon which
the wildlife depends. Furthermore, on the basis of substantial evidence, the City Council hereby
finds any presumption of adverse impact 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 a de minimis impact and therefore the payment of Fish and
Game Department filing fees is not required in conjunction with this project.
SECTION 3. The City Council HEREBY AMENDS Section 17.112.030 (Uses Permitted by
Conditional Use Permit in Specific Zones) by adding mortuaries/ funeral home uses as follows:
"17.112.030(29) Mortuaries/ Funeral Homes in the M-1 zone."
SECTION 4. If any section, subsection, sentence, clause or word of this ordinance is for any reason
held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of
the remaining portions of this Ordinance. The City Council of the City of Rosemead HEREBY
DECLARES that it would have passed and adopted this Ordinance, and each and all provisions
thereof, irrespective of the fact that any one or more of said provisions may be declared, to be invalid.
SECTION 5. The City Clerk shall certify to the passage of this Ordinance and shall cause same to
be published as required by law.
PASSED AND APPROVED this 14`n day of November, 2000.
MARGARET CLARK, Mayor
ATTEST:
NANCY VALDERRAMA, City Clerk
Municipal Code Amendment 98-01
Ordinance No. 815
Page 3 of 3.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROSEMEAD )
. I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Ordinance No. 815 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING
MUNICIPAL CODE AMENDMENT NO. 98-01, AMENDING SECTION
17.112.030 OF THE ROSEMEAD MUNICIPAL CODE REQUIRING A
CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF MORTUARIES/
FUNERAL HOMES IN THE M-1 LIGHT MANUFACTURING ZONE.
was duly introduced and placed upon first reading at a regular meeting of the City Council on the .
14th day of November, 2000, and that thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the 28th day of November, 2000, by the following vote, to
wit:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
NANCY VALDERRAMA, City Clerk
ROSEMEAD PLANNING COMMISSION
October 16, 2000
CASE NO.: Municipal Code Amendment 98-01
REQUEST: Amend the Rosemead Municipal Code (Section
17.1 12.030) requiring a conditional use permit for the
development of mortuaries/ funeral homes in the M-1;
Light Manufacturing Zone.
LOCATION: City Wide (M-1 Zones)
APPLICANT: City of Rosemead, Planning Department
8838 E. Valley Blvd.
Rosemead, CA 91770
PUBLIC HEARING: Notices were posted at ten public locations and in the
newspaper.
EXHIBITS: A. Zoning Map
B. Draft Ordinance
C. Initial Environmental Study
ENVIRONMENTAL ASSESSMENT
An initial study was completed on September 13, 2000. This study has been prepared in
accordance with state and local environmental regulations to analyze the potential environmental
impacts that could be created from the proposed project.
Municipal Code Amendment 98-01 has been created to allow the development of mortuaries/
funeral homes in the M-1; Light Manufacturing Zoning District upon the granting of a
conditional use permit.
Staff finds that the Ordinance itself will serve to reduce potential environmental impacts to a
level of insignificance without eliminating business opportunity. Therefore, a Negative
Declaration has been prepared in accordance with the California Environmental Quality Act
(CEQA). The study was noticed in 10 public locations and a newspaper periodical; soliciting
comments for more than a 21-day period prior to the Planning Commission hearing on
September 14, 2000.
EXHIBIT B
Rosemead Planning Commission
Municipal Code Amendment 98-01
Page 2 of 2
ADMIIQISTRATIVE ANALYSIS
Staff conducted a survey with fifteen surrounding cities to determine requirements and standards
for a land use, such as mortuaries/ funeral homes. Based on the findings, staff has determined
that amending Section 17.112.030 of the Rosemead Municipal Code to allow the development of
mortuaries/ funeral homes in the M-1; Light Manufacturing Zoning District upon the granting of
a conditional use permit would be consistent with the surrounding commercial properties and
land uses in the general area and in protecting the public interest.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt a Negative Declaration and recommend
City Council Approval of Municipal Code Amendment 98-01.
oty of Tpsemead
883 8 Last Vaffey Bouhmard
P,psemead, California
PLANNING COMMISSION REGULAR MEETING
MINUTES
October 16, 2000
CALL TO ORDER: The regular meeting of the Cite of Rosemead Planning Commission was called to order
by Chainirau Ortiz at 700 p.m, in the council chambers of the Rosemead Ci(r Hall at 8838 East Valley
Boulevard, Rosemead
Commissioner Ruiz led the Pledge ofAllegimnce.
Commissioner Alarcun delivered invocation.
ROLL CALL:
PRESENT: Chairman Ortiz, Vice-Chairman Breen, Commissioners Alarcon, Loi, and
Ruiz
ABSENT: None
EX OFFICIO: Crowe, Price, Johnson, Wilkinson, and Romanelli
1. APPROVAL OF MINUTES: Regular Meeting of September 18, 2000
(MO) Motion by Commissioner Breen seconded by Commissioner Ruiz, that the minutes of the
City of Rosemead Regular Planning Commission Meeting of September, 18, 2000, be
RPPROOEO as submitted.
Vote results:
YES: ORTIZ, BREEN, ALARCON, LOL RUIZ
NO: NONE
ABSTAIN: NONE
ABSENT: NONE
Chairman Or- iz decLu-erl.said nuaion date carried and so ordered
2. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS:
Deputy City Attorney Stan Price explained the public hearing process and the right to appeal
planning commission decisions to the city council.
3. ADMLNISTRATIONOF OATI-I:
The commission secretary administered the oath to members of the audience wishing to speak before
the pluming commission.
PUBLIC HEARING:
A. MUNICIPAL CODE AMENDMENT 98-01-Ciryneirle
A staff-initiated amendment modifying Section §17.112.240 of the Rosemead Municipal Code;
thereby, requiring a conditional use permit for the development and operation of mortuaries and
funeral homes in the M-1, Liehl Manufacturing zone -
Presentation: Associate Planner Wilkinson
EXI~IBIT C
OCTOnER 16, 2000
PLANNNO COMMISSION MInvTES
PAOr.2
Slnffrecommendation: ADOPT a Negative Declaration and RECOMMEND CITY
COUNCIIAPPROVAL of Municipal Code Amendment 98-01.
Questions from the commissioners to the staff
Commissioner Alarcim requested the present-day permit requirements for mortuary
uses, whereupon, Associate Planner Wilkinson confirmed that this use is currently
allowable in the C-3 and M-1 zones with only a Certificate of Occupancy.
Chairman Orris, opened the public hearing to those IN Fri VOR of this application:
None.
Public hearing was opened to those who wished to OPPOSE the application:
Mr. Junn Nunez of 2702 Del Mar Avenue, Rosemead, stepped up to the podium to
inquire whether this amendment would encmrrage the entry of the funerary business to
the city of Rosemead; and, if so, what benefits would the city garner. In response,
Director Johnson assured Mr. Nunez of this amendment's "prohibitive" objective,
whereby, the conditional use permit process will be especially stringent.
There being no one fru9her wishing to address the commission, Chairman Ortiz closed the
public hearing segment for this project
(MO) Motion by Commissioner Lai, seconded by Commissioner Alarc6n, to ADOPT
Negative Declarations and to RECOMMEND CITY COUNCIL APPROVAL of Municipal
Code Amendment 93-01.
Vote results -
YES:
ORTIZ, BREEN, ALARC6N, LO1, RUIZ
NO
NONE
ABSTAIN:
NONE
ABSENT:
NONE
Chmirmum Ortiz declared said motion dulp carried and so orderer!.
MUNICIPAL CODE AMENDMENT 00-01-Citrreide
A staff initiated amendment modifying Section §17.84. 010 of the Rosemead. Municipal Code,
thereby, setting the dollar valuation threshold For new consutiction or remodeling activity
which entails the upgrade of existing parking spaces to the current zoning standards.
Presentation: Planning Director Johnson
Staff recommendation: ADOPT the Negative Declarations and RECOMMEND CITY
COUNCIL APPROVAL of Municipal Code Amendment 00-01.
Questions front the commissioners to the snJf.
In answer to Commissioner Loi's value determination process query, Director
Johnson explained that all construction costs are based on an average charted dollar
amount of $65.60 per square foot.
Once the new assessment is activated, Commissioner Ruiz wished to know if
precedent cases will retroactively be reimbursed, upon which, Director Johnson
answered in the negative adding that activation commences the day of city council
approval.
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