CITY OF PALMDALE LOS ANGELES COUNTY, CALIFORNIA RESOLUTION NO. CC

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1 CITY OF PALMDALE LOS ANGELES COUNTY, CALIFORNIA RESOLUTION NO. CC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT 10-01, AMENDING THE PALMDALE TRADE AND COMMERCE CENTER SPECIFIC PLAN BY REVISING TABLE 3 TO INCLUDE THE PURCHASE AND SALE OF SECONDHAND TANGIBLE PERSONAL PROPERTY WITHIN THE PD (PLANNED DEVELOPMENT) DESIGNATION WITH THE APPROVAL OF A CONDITIONAL USE PERMIT (SPA 10-01) THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to Section of the State Planning and Zoning Law (Division 1 of Title 7 of the California Government Code), the City of Palmdale has adopted a Specific Plan for the Palmdale Trade and Commerce Center Specific Plan area of the City of Palmdale. The Palmdale Trade and Commerce Center Specific Plan was established to provide regional commercial, industrial, and manufacturing developments within the City of Palmdale to provide local employment opportunities to residents. The Palmdale Trade and Commerce Center Specific Plan encompass 756 acres located in the central portion of the City of Palmdale. The Specific Plan is bounded by Division Street on the east, Palmdale Boulevard on the south, 10 th Street West on the west and Rancho Vista Boulevard (Avenue P) and SR-14 on the north. The Specific Plan area is bisected by the Antelope Valley Freeway (State Route 14). SECTION 2. The City of Palmdale has filed an application requesting the approval of a Specific Plan Amendment (SPA) 10-01, described herein (hereinafter referred to as Application ). The Palmdale Trade and Commerce Center Specific Plan was originally adopted on May 24, 1990, and has been subsequently amended on ten separate occasions. SECTION 3. The Application, as contemplated, proposes to amend Section 5 Retail Trade of Table 3 Palmdale Trade and Commercial Center Land Use Matrix contained within Section 6.0 Land Use and Design Regulations and Guidelines, to include a new subsection i. Purchase and Sale of Secondhand Tangible Personal Property, incidental to a primary use permitted within the Specific Plan, pursuant to Section of the Zoning Ordinance as permitted within the PD designation with the approval of a Conditional Use Permit. SECTION 4. The Specific Plan Amendment will apply to all properties designated PD (Planned Development) within the Palmdale Trade and Commerce Center Specific Plan area.

2 Resolution No. CC Page 2 SECTION 5. The Native American Heritage Commission (NAHC) was notified on May 17, 2010, of the proposed Specific Plan Amendment as required by Section of the Public Resources Code. SECTION 6. An environmental Initial Study for the proposed Specific Plan Amendment was completed on May 20, 2010, and no significant adverse impacts were identified that could not be mitigated to a level of insignificance. SECTION 7. On June 10, 2010, the Planning Commission of the City of Palmdale conducted a duly noticed public hearing on the Application at the City Council Chamber, Sierra Highway, Suite B, Palmdale, California. Notice of the time, place and purpose of the aforesaid meeting was duly noticed in accordance with California Government Code Section and Public Resources Code Section The Planning Commission voted 3-0, with Vice-Chair Berg and Commission MacLaren absent, to adopt Resolution No. PC recommending approval of Specific Plan Amendment to the City Council. SECTION 8. On August 4, 2010, the City Council of the City of Palmdale conducted a duly noticed public hearing on the Application at the City Council Chamber, Sierra Highway, Suite B, Palmdale, California. Notice of the time, place and purpose of the aforesaid meeting was duly noticed in accordance with California Government Code Section and Public Resources Code Section SECTION 9. All legal prerequisites to the adoption of this Resolution have occurred. SECTION 10. Based upon substantial evidence presented to the City Council during the above-referenced August 4, 2010, public hearing including, public testimony, and written and oral staff reports, this Council specifically finds as follows: (a) The proposed action conforms to Section of the Specific Plan that allows regulations not specifically covered within the Specific Plan to be governed by applicable City regulations including the Municipal Code and Zoning Ordinance. Therefore, the application complies with Section 24.10, Zone Changes, of the City of Palmdale Zoning Ordinance. The application has been processed in accordance with State law and the proposed amendment is consistent with the General Plan. The proposal to amend Table 3 Palmdale Trade and Commercial Center Land Use Matrix is consistent with the Specific Plan Goals, Objectives, and Policies; Section 2.2.A, Land Use, that states, the Specific Plan is to provide for a viable mix of commercial, industrial and public uses that are consistent with the capabilities of the City

3 Resolution No. CC Page 3 and special districts to provide services in the Palmdale Trade and Commerce Center Specific Plan. (b) The proposed change is reasonable and beneficial as it will allow for the purchase and sale of secondhand tangible personal property incidental to a primary use permitted within the Specific Plan. The types of uses envisaged is a jewelry store which purchases used gold items or an electronic game store which allows customers to trade in old games. (c) The proposed amendment will not have a substantial adverse effect on the surrounding properties or the community in general, because any new use will be required to obtain a Secondhand Dealers Permit through the Business License Division, and report all necessary transactions to the appropriate authority as required by State law to aid in law enforcement efforts in curtailing the dissemination of stolen property. (d) Adoption of the Specific Plan Amendment will not be in conflict with Section 65358(b) of the Government Code relating to the number of amendments permitted per year, as a Specific Plan may be amended as often as deemed necessary pursuant to Section SECTION 11. The City Council hereby finds as follows with respect to the Negative Declaration: (a) Pursuant to the California Environmental Quality Act ( CEQA ) and the City s local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. (b) The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration and, based on the whole record before it, finds: (i) that the Negative Declaration was prepared in compliance with CEQA; and (ii) that there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Negative Declaration. (c) The custodian of records for the Initial Study, Negative Declaration, and all other materials which constitute the record of proceedings upon which the City Council s

4 Resolution No. CC Page 4 decision is based, is the Director of Planning of the City of Palmdale. Those documents are available for public review in the Planning Department of the City of Palmdale located at Sierra Highway, Palmdale, California 93550, telephone (661) SECTION 12. Based on the findings and conclusions set forth above, the City Council hereby approves Specific Plan Amendment 10-01, amending Table 3 Palmdale Trade and Commercial Center Land Use Matrix of the Palmdale Trade and Commerce Center Specific Plan, as shown on Attachment I. SECTION 13. The Deputy City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 4 th day of August, 2010, becoming effective of the 3 rd day of September, 2010 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: James C. Ledford, Jr., Mayor Victoria L. Hancock, CMC City Clerk Approved as to form: City Attorney

5 5. RETAIL TRADE ATTACHMENT I TABLE 3 PALMDALE TRADE AND COMMERCE CENTER LAND USE MATRIX a. Parts and Accessories for Automotive, Marine Craft and Aircraft, New. Activities typically include but are not limited to the sales of new automotive, marine craft and aircraft parts and accessories. Excludes salvage/junk yards, auto dismantling or storage yards and repair uses. b. Building Supplies. Activities typically include, but are not limited to sales of paint, glass, hardware, fixtures, electrical supplies, garden supplies, hardware, lumber, swimming pools and spas (outside sales and display permitted when located in an screened area as an accessory use to a warehouse store). All other outdoor display and activities are prohibited. c. Business Supplies and Equipment. Activities typically include, but are not limited to retail sales from the premises of office machines, equipment, and supplies primarily to firms utilizing the goods rather than to individuals. Excludes the sale of motor vehicles or construction equipment. d. Convenience Stores. Activities typically include uses which contain less than five thousand (5000) square feet of gross floor area utilized in whole or in part for the retail sale of a variety of frequently needed personal items, food products and miscellaneous items which may include the sale of gasoline and related products. Uses shall comply with the applicable provisions of the City of Palmdale Zoning Ordinance.* P CUP P X P CUP P X P CUP P X CUP X CUP X *Uses proposing to sell alcoholic beverages shall comply with the applicable sections of the City of Palmdale Zoning Ordinance regarding Off-Sale and On-Sale Incidental Alcohol-Related Establishments and Off-Sale and On- Sale Primary Alcohol-Related Establishments.

6 Attachment I to Resolution No. CC Page 2 TABLE 3 PALMDALE TRADE AND COMMERCE CENTER LAND USE MATRIX P = Permitted/Site Plan Review CUP = Conditional Use Permit X - Prohibited e. Durable Goods. Activities typically include, but are not limited to, retail sales of durable goods generally characterized by long-term utility or consumption, such as furniture, household appliances, floor and window coverings, musical instruments, garden supplies (outside sales and display permitted when located in a screened area as an accessory use to a warehouse store), pets and pet supplies (no kenneling), clothing and foot apparel, yardage goods, jewelry and watches, hobby supplies, toys, photographic supplies, electronics, music and musical instruments, video tapes (excluding adult videos in excess of 10% of the gross floor area), objects of art, saddlery, sporting goods and outdoor recreation and athletic equipment (including ammunition and firearms as an ancillary use to a department or sporting goods store only) and bicycles, motorcycles and mopeds. Excludes swap meets and sexually oriented businesses (as defined in the City of Palmdale Zoning Ordinance) and sale of motor vehicles, manufactured homes and secondhand, surplus or thrift merchandise. f. Personal Goods. Activities typically include, but are not limited to, retail sale of new personal goods characterized by short term utility or consumption; uses typically include, but are not limited to drug stores, sundries, florists, gifts, souvenirs, greeting cards, and newspapers and magazines.* Excludes pawn shops and sexually-oriented businesses as defined in the City of Palmdale Zoning Ordinance. This category is not intended to include convenience stores or other uses selling food and beverage products as a primary use. ZONING CATEGORIES MX MX-A PD PF P X P X P X P X

7 Attachment I to Resolution No. CC Page 3 g. Food and Beverage Sales. Activities typically include, but are not limited to, retail sales from the premises of food and beverage for off-premises consumption, such as food markets, retail bakeries, delicatessens; excludes liquor stores.* P X P X h. Liquor Stores.* X X CUP X i. Purchase and Sale of Secondhand Tangible Personal Property, incidental to a primary use permitted within the Specific Plan, pursuant to Section of the Palmdale Zoning Ordinance. X X CUP X *Uses proposing to sell alcoholic beverages shall comply with the applicable sections of the City of Palmdale Zoning Ordinance regarding Off-Sale and On-Sale Incidental Alcohol-Related Establishments and Off-Sale and On- Sale Primary Alcohol-Related Establishments.