CC - Item III.E - Approving Zone Changet
ORDINANCE NO. 805
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING ZONE CHANGE 00-212, AMENDING ROSEMEAD ZONING
MAP FROM "A-1; AGRICULTURAL" TO "C-3 D; MEDIUM
COMMERCIAL WITH A DESIGN OVERLAY", FOR THE
DEVELOPMENT OF AN AUTO SALES DEALERSHIP LOCATED AT 8518
E. VALLEY BLVD. (APNs: 5371-010-800,-801,-803).
WHEREAS, on March 22, 2000, Dennis Lin, 650 E. Las Tunas Drive, San Gabriel, CA,
91776, filed an application requesting an amendment to the Rosemead zoning map from "A-1;
Agricultural" to "C-3 D; Medium Commercial with a Design Overlay" on property located at 8518
E. Valley Blvd.; and
WHEREAS, the City of Rosemead has an adopted general plan, zoning ordinance, and map,
including specific development standards to control development; and
WHEREAS, Zone Change 00-212 would designate the subject property "C-3 D; Medium
Commercial with a Design Overlay" allowing commercial types of development such as auto sales
dealerships; and
WHEREAS, State Planning and Zoning Law. Title 7, Chapter 3, Article 8, plus Sections
17-116&, 17.124, of the Rosemead Municipal Code. authorize, and set standards for, the preparation
of specific plans (zone change) goveming.the development of private property; and
WHEREAS, Sections 17.116 and 17.124 of the Rosemead Municipal Code authorize the
Planning Commission to consider and recommend proposed zone changes to the City Council; and
WHEREAS, Section 65454 of the California Government Code requires that specific plans
(zone change) be consistent with the adopted general plan; and
WHEREAS, City Council policy encourages the preparation of these zone changes because
of the superior level of planning and protection they offer to the quality and character of area where
they are located; and
NVHEREAS, on April 18, 2000, an initial study for the proposed zone change was completed
finding that all potential environmental impacts can be mitigated to a level of insignificance; and
WHEREAS, on April 20, 2000, 90 notices were posted in 10 public locations and mailed to
property owners within a 300-foot radius from the subject property specifying the public comment
period and the time and place for a public hearings pursuant to California Government Code Section
65091(a)(3); and
WHEREAS, on May 15, 2000, the Planning Commission held a public hearing to receive
testimony and voted to recommend City Council approval of Zone Change 00-212; and
COUNCIL i~rz~E\MA
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ITEM No. T ~
Ordinance No. 805
Zone Grange 00-212
Pagc 2 of 5
WHEREAS, on June 5, 2000 the Planning Commission adopted Resolution 00-16,
recommending City Council approval of Zone Change 00-212; and
WHEREAS, on June 13, 2000 the City Council held a hearing to receive public testimony
relative to Zone Change 00-212; and
WHEREAS, the City Council has sufficiently considered all testimony presented to make
the following determination.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Rosemead
as follows:
Section 1. Pursuant to the City of Rosemead's CEQA Procedures and State CEQA
Guidelines, it has been determined that the adoption of this ordinance will not have potential
environmental impacts. This conclusion is based upon the record, initial study and comments
received during the public 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 zone change. Furthermore, the City Council has exercised its own independent judgment in
reaching the above conclusion. The City Council, therefore, approves the Negative Declaration.
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 2. The City Council HEREBY FINDS, DETERMINES AND DECLARES that
placing the property in the "C-3 D; Medium Commercial with a Design Overlay" zone is in the
interest of the public necessity and general welfare, and good city planning practice dictates and
supports the proposed zone change, in that the change to the zoning district will provide a superior
level of planning and protection to the quality and character of the area where the development,is
proposed.
Ordinance No. 805
Zonc Changc 00-212
Page 3 of 5
Section 3. The City Council FURTHER FI?NTDS that Zone Change 00-212 meets the City's
cloals and objectives as follows:
A. Land Use: Zone Change 00-212 consists of amending Rosemead zoning map from "A-1;
Agricultural" to "C-3 D; Medium Commercial with a Design Overlay". This amendment
will allow for this commercial development to be compatible with the surrounding area that
is desi--hated "Medium Commercial".
B. Circulation: This development is adjacent to Valley Blvd. and 'Walnut Grove Avenue, both
arterial roadways. Ingress/egress driveways at the west and south property lines provide
access from Valley Blvd.
C. Housina: Although a portion of this site is currently zoned "A-1; Agricultural", the proposed
zone change and general plan amendment will not deplete available land for housing.
D. Resource Management: Development is required to provide landscaping areas in the overall
site plan.
E. Noise: This development will not generate any significant noise levels for the surrounding
area. An initial study was completed and its findings have determined that this development
could not have a significant effect on the environment.
F. Public Safety: The Fire and Sheriff Departments have reviewed the proposed plans. The site
is not located in any special study zones. The entire City of Rosemead is free from any flood
hazard designations.
G. CEOA, 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
could have adverse impacts on certain aspects of the environment. However, these impacts
can be mitigated to a level of insignificance. Therefore, staff has prepared and recommends
adoption of a Negative Declaration.
Section 4. The City Council HEREBY APPROVES Zone Change 00-213, amending
Rosemead zoning map from A-1; Agricultural to "C-3 D; Medium Commercial with a Design
Overlay". tar the development of an auto sales dealership located at 8518 E. Valley Blvd. (APNs:
5371-010-S00, -801, -803).
Ordinance No. 805
Zane Grange 00-313
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a
Section 5. 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 decision 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 Ordinance No. 505, 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 6. The City Clerk shall certify to the passage of this Ordinance.
PASSED AND APPROVED, this 27th day of June, 2000.
MARGARET CLARK. Mayor
,ATTEST:
NANCY V.ALDERR.AMA, Citv Clerk
Ordinance No. 805
Zone Change 00.212
Page 5 of 5
STATE OF CALIFORN'L4 )
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. 805 being:
AN ORDINA-NCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD APPROVING ZONE CHANGE 00-212, AMENDING
ROSEMEAAD ZONING MAP FROM A-]; Agricultural TO C-3; ":MEDIUM
COMMERCIAL", FOR THE DEVELOPMENT OF A AUTO SALES
DEALERSHIP WITH DRIVE THROUGH ACCESS LOCATED AT 8518
E. Valley Blvd. (APNs: 5371-010-800, -801, -803).
was duly introduced and placed upon first reading at a regular meeting of the City Council on
thel3th day of.7une, 2000, and that thereafter, said Ordinance was duly adopted and passed, by the
follow inv vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NANCY VALDERR4MA, City Clerk