CC - Item 3A - Muni Code Amendment 09-01 - Density Requirements in R-1 & Conditional Use Permit Requirement in R-1ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND POUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JULY 14, 2009
SUBJECT: MUNICIPAL CODE AMENDMENT 09-01
AMENDING DENSITY REQUIREMENTS IN THE R-1 (SINGLE-
FAMILY RESIDENTIAL) ZONE AND CONDITIONAL USE
PERMIT REQUIREMENTS IN THE R-1 (SINGLE-FAMILY
RESIDENTIAL) AND R-2 (LIGHT MULTIPLE RESIDENTIAL)
ZONES
SUMMARY
Municipal Code Amendment 09-01 is a City initiated amendment to the R-1 (Single-
Family Residential) zone that would permit one dwelling unit per 6,000 square feet of lot
area, with a minimum distance of 20 feet between dwellings. It would also require a
Conditional Use Permit (CUP) for any dwelling unit developed with a total living area
equal to or exceeding 2,500 square feet in the R-1 (Single-Family Residential) and R-2
(Light Multiple Residential) zones.
Staff Recommendation
Staff recommends that the City Council make the determination that the project is
exempt from additional environmental documentation pursuant Public Resources Code
21083.3 and CEQA Guidelines sections 15162, 15168 and 15183, and introduce
Ordinance No. 876 (Attachment A) for first reading, approving Municipal Code
Amendment 09-01, modifying the Zoning Ordinance with respect to regulations
governing density and distance between buildings in the R-1 (Single-Family Residential)
zone and Conditional Use Permit requirements in the R-1 (Single-Family Residential)
and R-2 (Light Multiple Residential) zones.
ANALYSIS
In July of 2007, the City Council adopted Ordinance 851, which made significant
changes to the development standards in the R-1 and R-2 zones. The most significant
changes included, but were not limited to, restricting the number of detached single-
family dwellings in the R-1 zone to one dwelling per lot regardless of lot size, lowering
the maximum allowable Floor Area Ratio (FAR) from 45% to a maximum of 35% to 40%
based on an incentive program, and changing the CUP requirement for large dwellings
from those that equal or exceed 2,500 square feet of living area to those that exceed
3,000 square feet of living area.
APPROVED FOR CITY COUNCIL AGENDA:
ITEM N®.
City Council Meeting
July 14, 2009
Page 2 of 3
R-1 Zone Density
As a result of the changes to the R-1 zone in 2007, many large lots were no longer able
to be developed with more than one home. Lots that had more than one home prior to
2007, became legal non-conforming, which was an unintended consequence of the
2007 changes. Municipal Code Amendment 09-01 would restore the ability of property
owners with lots larger than 12,000 square feet to build more than one home on those
properties. It would allow for one dwelling unit per 6,000 square feet of lot area with a
minimum distance of 20 feet between buildings.
The corresponding General Plan land use designation to the R-1 zone is Low Density
Residential, which currently allows a maximum density of seven dwelling units per acre.
Therefore, the proposed municipal code amendment is essentially consistent with
density standards already established in the City's General Plan. Furthermore, the
municipal code amendment will not alter the current allowable maximum Floor Area
Ratio (FAR) in the R-1 zone. Therefore, the amount of living area on a lot will continue
to be regulated by the existing development standards.
Residential CUP Requirement
Municipal Code Amendment 09-01 also proposes to lower the CUP threshold for large
homes from 3,000 square feet to 2,500 square feet.
In 1991, the Rosemead City Council adopted Ordinance 689, which established a CUP
requirement for dwellings developed with living areas exceeding 2,500 square feet in an
attempt to regulate and mitigate the physical impacts of large home construction within
the R-1 and R-2 zoning districts. Staff believed that increasing the threshold in 2007,
would be cost effective to both property owners and the City, as the projects would be
reviewed just as thoroughly, while staff time used for preparing staff reports and
presentations would be reduced.
However, there is concern that the construction of large homes is impacting residential
neighborhoods. Therefore, lowering the CUP threshold back to 2,500 square feet would
further promote and ensure a process to regulate higher architectural quality when
larger homes are proposed.
To maintain consistency between the Rosemead Municipal Code and Single-Family
Residential Design Guidelines, staff further proposes to amend the introduction
discussion in the design guidelines, which states the current CUP threshold. Staffs
proposed modification is highlighted on page 5 of the Single-Family Residential Design
Guidelines, included in this report as "Attachment B."
On June 15, 2009, the City of Rosemead Planning Commission conducted a duly
noticed public hearing. Upon hearing all testimonies from the public, the Commission
unanimously recommended approval of this municipal code amendment to the City
Council. The Planning Commission also made findings of environmental adequacy.
The Planning Commission staff report, Planning Commission Resolution, and Planning
Commission Minutes have been included in this report as Attachments C through E
respectively.
City Council Meeting
July 14, 2009
Page 3 of 3
Environmental Determination
The Rosemead City Council adopted a General Plan update and certified an
accompanying Program Environmental Impact Report (Program EIR) on October 14,
2008. The certified Program EIR provided a program-level assessment of the
environmental impacts resulting from development pursuant to land use policy and
implementation of the goals and policies set forth in all chapters of the updated General
Plan, as well as the long-term implementation of the General Plan through a revised
Zoning Code. Municipal Code Amendment 09-01 is consistent with the Program EIR,
and pursuant to Public Resources Code 21083.3 and CEQA Guidelines sections 15162,
15168 and 15183 is exempt from the requirement that additional environmental
documentation be prepared.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Sheri Bermejo
Principal Planner
Submitt
Br ' Sa ki
Com u ty Development Director
Attachments
Attachment A:
Ordinance 876
Attachment B:
Proposed Modification to Single-Family Residential Design Guidelines
Attachment C:
Planning Commission Staff Report, dated June 15, 2009
Attachment D:
Planning Commission Resolution 09-13
Attachment E:
Planning Commission Minutes, dated June 15, 2009
ORDINANCE NO. 876
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA APPROVING MUNICIPAL CODE AMENDMENT 09-
1, AMENDING THE ZONING ORDINANCE TO ALLOW ONE
DWELLING UNIT PER SIX THOUSAND (6,000) SQUARE FEET
OF LOT AREA IN THE R-1 (SINGLE-FAMILY RESIDENTIAL)
ZONE AND TO REQUIRE A CONDITIONAL USE PERMIT FOR
ANY DWELLING WITH A DEVELOPED LIVING AREA EQUAL
TO OR EXCEEDING TWO THOUSAND FIVE HUNDRED (2,500)
SQUARE FEET IN R-1 (SINGLE-FAMILY RESIDENTIAL) AND R-
2 (LIGHT MULTIPLE RESIDENTIAL) ZONES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. The following findings are adopted in support of the
amendment to the Zoning Ordinance to allow R-1 (Single-Family Residential) lots
to be developed with multiple single-family dwellings provided that there is six
thousand (6,000) square feet of lot area per dwelling unit, and to require any
developer or property owner seeking to construct a new single-family home or an
addition to an existing residence which will create a total living area of two
thousand five hundred (2,500) square feet or more in size to first obtain approval
of a Conditional Use Permit through the public hearing process; and
A. The City Council of the Cityl of Rosemead wishes to promote the
City of Rosemead'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. The City currently has provisions in its Municipal Code that prohibit
R-1 (Single-Family Residential) lots from being developed with multiple dwelling
units, as well as regulations that require a Conditional Use Permit for any
dwelling unit developed with a total living area that exceeds three thousand
(3,000) square feet in the R-1 (Single-Family Residential) and R-2 (Light Multiple
Residential) zones; and
C. The City has determined that the allowable density in the R-1 zone
is restrictive for property owners of large parcels, such as those with lot areas
exceeding 12,000 square feet, and that the current Conditional Use Permit
threshold is insufficient in ensuring that large home development is compatible
with existing residential neighborhoods; and
ATTACHMENT A
D. It is the purpose and intent of the Ordinance to establish
consistency between the Zoning Ordinance and the General Plan with respect to
residential density regulations and to provide an improved Conditional Use
Permit requirement for larger homes that ensures that residential architecture is
consistent with and complementary to the surrounding neighborhood through a
public hearing process.
E. The proposed amendment would not be detrimental to the public
convenience, health, safety, or general welfare of the City, and
Section 2. Pursuant to the City of Rosemead's CEQA Procedures and
CEQA Guidelines, it has been determined that the adoption of this ordinance will
not have a potential significant environmental impact. The Rosemead City
Council adopted a General Plan update and certified an accompanying Program
Environmental Impact Report (Program EIR) on October 14, 2008. The certified
Program EIR provided a program-level assessment of the environmental impacts
resulting from development pursuant to land use policy and implementation of
the goals and policies set forth in all chapters of the updated General Plan, as
well as the long-term implementation of the General Plan through a revised
Zoning Code. Municipal Code Amendment 09-01 is consistent with the Program
EIR, and pursuant to Public Resources Code 21083.3 and CEQA Guidelines
sections 15162, 15168 and 15183 is exempt from the requirement that additional
environmental documentation be prepared.
The City Council, having final approval authority over this project, has
reviewed and considered all comments received during the public review period
prior to the approval of this project.
Section 3. CODE AMENDMENT. Section 17.16.020 (Permitted Uses) of
the Rosemead Municipal Code is hereby amended as follows:
A. A one-family dwelling, subject to the lot designations and
regulations contained in Ch. 17.84.
B. The accessory buildings necessary or incidental to such use
located on the same lot or parcel of land including a private garage,
the capacity of which shall not exceed three automobiles.
C. The noncommercial growing of nursery stock, field crops, tree,
bush and berry crops, and vegetable or flower gardening.
D. Household pets, not to exceed three animals, over four months of
age, for each dwelling unit. This provision shall not be construed to
permit any animal capable of inflicting harm or discomfort or
endangering the health and safety of any person or property.
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or building project, during the construction and thirty (30) days
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any lot or parcel of land so used shall be a part of the building
project, or on property adjoining the construction site.
Section 4. CODE AMENDMENT. Section 17.16.080 (Lot Area Minimum) of the
Rosemead Municipal Code is hereby amended as follows:
Six thousand (6,000) square feet with not less than six thousand (6,000)
square feet of lot area per dwelling unit.
Section 5. CODE AMENDMENT. Section 17.16.150 (Distance between
buildings on same lot) of the Rosemead Municipal Code is hereby amended as
follows:
There shall be a minimum distance of x feet betwe^^ all h ,la;^^° o
of twenty (20)
feet between buildings used for dwelling purposes on the same lot. There
shall be a minimum distance of six (6) feet between accessory buildings or
above-ground structures on the same lot of parcel of land, not attached to
a dwelling unit.
Section 6. CODE AMENDMENT. Section 17.112.030(26) (Uses permitted in
specific zones with a Conditional Use Permit) of the Rosemead Municipal Code
is hereby amended as follows:
Any residential dwelling in the R-1 and R-2 zones that equals or exceeds
two thousand five hundred (2,500) square feet of
_aRd (3,000) developed living area subject to the following conditions:
a. The granting of such conditional use permit will not
adversely affect the established character of the surrounding
neighborhood or be injurious to the property or improvements in such
vicinity and zone in which the property is located.
b. Architecture of the dwellings shall be consistent with and/or
complementary to the surrounding neighborhood to assure the
neighborhood's integrity and the character of the community.
Section 7. 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. 876 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 7. EFFECTIVE DATE. This ordinance shall take effect thirty (30)
days after its adoption.
Section 8. ADOPTION. The City Clerk shall certify to the adoption of
this ordinance and shall publish a summary of this ordinance and post a certified
copy of the full ordinance in the office of the City Clerk at least five days prior to
the adoption and within 15 days after adoption of the ordinance, the City Clerk
shall publish a summary of the ordinance with the names of the council members
voting for and against the ordinance. This ordinance shall take effect thirty days
after the date of its adoption.
Section 9. The City Clerk shall certify to the adoption of this Ordinance.
PASSED AND APPROVED, this day of 2009.
MARGARET CLARK, Mayor
ATTEST:
GLORIA MOLLEDA, City Clerk
Joseph M. Montes, City Attorney
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ROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: JUNE 15, 2009
SUBJECT: MUNICPAL CODE AMENDMENT 09-01, AMENDING THE ZONING
ORDINANCE TO ALLOW ONE DWELLING UNIT PER SIX THOUSAND
(6,000) SQUARE FEET OF LOT AREA IN THE R-1 (SINGLE-FAMILY
RESIDENTIAL) ZONE AND TO REQUIRE A CONDITIONAL USE
PERMIT FOR ANY DWELLING DEVELOPED WITH A LIVING AREA
EQUAL TO OR EXCEEDING TWO THOUSAND FIVE HUNDRED (2,500)
SQUARE FEET IN THE R-1. (SINGLE-FAMILY RESIDENTIAL) AND R-2
(LIGHT MULTIPLE RESIDENTIAL) ZONES
SUMMARY
Municipal Code Amendment 09-01 is a City initiated amendment that proposes to amend
the Zoning Ordinance to allow one (1) dwelling unit per six thousand (6,000) square feet
of lot area, with a minimum distance of twenty (20) feet between dwellings on the same
lot, in the R-1 (Single-Family Residential) zone, and to require a Conditional Use Permit
(CUP) for any dwelling unit developed with a total living area equal to or exceeding two
thousand five hundred (2,500) square feet in R-1 (Single-Family Residential) and R-2
(Light Multiple Residential) zones.
Environmental Determination
The Rosemead City Council adopted a General Plan update and certified an
accompanying Program Environmental Impact Report (Program EIR) on October 14,
2008. The certified Program EIR provided a program-level assessment of the
environmental impacts resulting
implementation of the goals and p
Plan, as well as the long-term it
Zoning Code. Municipal Code An
and pursuant to Public Resources
15168 and 15183 is exempt 1
documentation be prepared.
nom development pursuant to land use policy and
Acies set forth in all chapters of the updated General
iplementation of the General Plan through a revised
endment 09-01 is consistent with the Program EIR,
Code 21083.3 and CEQA Guidelines sections 15162,
-om the requirement that additional environmental
ATTACHMENT C
Planning Commission Meeting
June 15, 2009
Page 2 of 5
Municipal Code Requirements
Section 17.116.010 of the Rosemead Municipal Code (RMC) authorizes the Planning
Commission to consider and recommend proposed municipal code amendments to the
City Council whenever the public necessity, convenience, general welfare or good
zoning practice justifies such action.
Staff Recommendation
Staff recommends that the Planning Commission ADOPT Resolution No. 09-13, a
resolution recommending that the City Council ADOPT Ordinance No. 876, modifying
the Zoning Ordinance with respect to regulations governing density and distance
between buildings in the R-1 (Single-Family Residential) zone and Conditional Use
Permit requirements in the R-1 (Single-Family Residential) and R-2 (Light Multiple
Residential) zones.
Project History
On July 19, 2007 the City Council adopted Ordinance 851, which amended several
sections of Chapters 17.12, 17.16, 17.20 and 17.112 of the Rosemead Municipal Code
relating to single-family residential design standards. The ordinance also included the
adoption of single-family residential design guidelines to address issues of residential
"mansionization."
The adoption of Ordinance 851 made significant changes to the development standards
in the R-1 and R-2 zones. 'The most significant changes included, but were not limited
to, restricting the number of detached single-family dwellings in the R-1 zone to one
dwelling per lot regardless of lot size, lowering the maximum allowable Floor Area Ratio
(FAR) from 45% to a maximum of 35% to 40%, and changing the CUP requirement for
large dwellings from those that equal or exceed 2,500 square feet of living area to those
that exceed 3,000 square feet of living area.
ANALYSIS
Ordinance 851 and the Single-Family Residential Guidelines have been in effect for
nearly two years. It is staffs opinion that both the new design standards and guidelines
have been very beneficial in promoting the orderly transition of residential
neighborhoods, protecting property values, encouraging excellence in architectural
design, preserving neighborhood compatibility, and providing design flexibility.
However, after both analyzing the effectiveness of the development standards and
having conversations with residents in community and members of the City Council, it is
staffs opinion that it would be in the public's interest to amend the allowable density in
the R-1 zone, as well as good zoning practice to lower the threshold of the CUP
requirement in the R-1 and R-2 zones.
R-1 Zone Density
Currently the minimum lot size for R-1 zoned properties is six thousand (6,000) square
feet, and development standards of the zone prohibit larger R-1 lots from being
Planning Commission Meeting
June 15, 2009
Page 3 of 5
developed with multiple homes. Prior to the adoption of Ordinance 851, the R-1 density
regulation permitted the construction of one dwelling for each six thousand (6,000)
square feet of lot area. Therefore, 12,000 square-foot or larger lots were allowed to be
developed with more than one single-family home without subdividing the property. In
this proposed municipal code amendment, staff is recommending that the R-1 density
revert back to the prior code. Doing so will also bring the density requirement in the
zoning ordinance in compliance with the density permitted in the current General Plan.
The adoption Ordinance 851 resulted in numerous dwellings on R-1 lots being classified
as legal non-conforming, since many larger lots had previously been developed with
more than one home. Section 17.12.060 of the Rosemead Municipal Code states that
nonconforming buildings may be maintained provided there is no physical change other
than necessary maintenance and repair in such buildings. Simply put, the code does
not allow legal non-conforming buildings to be expanded or enlarged. Therefore, upon
the adoption of the revised density requirement, many large R-1 lots became restricted
from further development.
Staff completed an analysis to determine how many parcels actually exist in the R-1
zone with lot areas equal to or greater than 12,000 square feet. Staff discovered that of
the approximate five thousand three hundred (5,300) R-1 parcels in the City,
approximately three hundred ninety one (391) parcels have lot areas greater than or
equal to 12,000 square feet. A map illustrating those parcels in the City has been
attached as Exhibit "A." Based on this analysis, it is evident to staff that this proposed
municipal code amendment is warranted.
The proposed amendment would allow larger lots to be developed with more than one
dwelling. However, the amendment does not propose to change the maximum FAR or
any of the design standards, which will continue to provide regulations to encourage
excellence in architectural design, preserve neighborhood compatibility, and protect
property values. The amendment proposes to add an additional development standard,
which will require a minimum distance of twenty (20) feet between buildings used for
dwelling purposes on the same lot. The amendment will also eliminate Section
17.16.020. (E) "Permitted Uses," which currently prohibits dwellings from being
constructed on the front portion of a lot if an existing dwelling on the rear is not
converted into an accessory structure.
Lastly, the proposed amendment to the R-1 zoning text would be consistent with the
City of Rosemead General Plan, as the Low Density Residential land use designation
currently allows a maximum permitted density of 7.0 dwelling units per acre.
Furthermore, the General Plan characterizes the land use designation as low-density
neighborhoods consisting of detached single-family dwellings on individual lots.
Planning Commission Meefing
June 15, 2009
Page 4 of 5
Residential CUP Requirement
Municipal Code Amendment 09-01 proposes to lower the CUP threshold for large
homes from three thousand (3,000) square feet to two thousand five hundred (2,500)
square feet.
In 1991, the Rosemead City Council adopted Ordinance 689 in an attempt to regulate
and mitigate the physical impacts of large home construction within the R-1 and R-2
zoning districts. Ordinance 689 required any developer or property owner seeking to
construct a new single-family home, or an addition to an existing residence which
created a total living area that exceeded 2,500 square feet in size, to first obtain
approval of a CUP through the public hearing process. Ordinance 851 increased the
CUP threshold to three thousand (3,000) square feet, and maintained the following two
findings that still have to be made by the Planning Commission:
a. The granting of such conditional use permit will not adversely affect the
established character of the surrounding neighborhood or be injurious to the
property or improvements in such vicinity and zone in which the property is
located.
b. Architecture of the dwellings shall be consistent with and/or complementary to
the surrounding neighborhood to assure the neighborhood's integrity and the
character of the community.
During the review of Ordinance 851, it was staffs opinion that a CUP threshold of three
thousand (3,000) square feet was appropriate. It was anticipated that the new single-
family residential guidelines and zoning development standards would regulate good
design principles. Staff also believed that increasing the threshold would be cost
effective to both property owners and the City, as the projects would be reviewed just as
thoroughly, however staff time used for preparing staff reports and presentations would
be reduced.
Since July of 2007, only one (1) CUP for residential development has been reviewed by
the Planning Commission, which consisted of a new home proposal with three thousand
six hundred seventy (3,670) square feet. The Building and Safety Division was able to
provide a list of building permits that have been issued for new home construction since
May of 2008. This report revealed that out of a total of thirty-six (36) building permits
that were issued for new home construction, the average size was two thousand five
hundred seventy five (2,575) square feet.
There has been recent concern that large dwellings are still impacting neighborhoods,
even though they satisfy the design development standards in the R-1 and R-2 zones.
Although the design standards have been successful in achieving good home design,
any home with a developed living area of two thousand five hundred (2,500) square feet
Planning Commission Meeting
June 15, 2009
Paoe 5 of 5
is still considered large and could impact adjacent properties and compromise
neighborhood quality. For this reason, staff is recommending that the CUP threshold
revert back to two thousand five hundred (2,500) square feet.
To maintain consistency between the Rosemead Municipal Code and Single-Family
Residential Design Guidelines, staff further proposes to amend the introduction
discussion in the design guidelines, which states the current CUP threshold. Staffs
proposed modification is highlighted on page 5 of the Single-Family Residential Design
Guidelines, in the attached Exhibit "B."
Conclusion
The proposed municipal code amendment is consistent with the City's General Plan.
Lowering the CUP threshold will further assist in maintaining housing conditions and
protecting the privacy of single-family homes through a public hearing process.
Increasing the density in the R-1 zone will not jeopardize the public safety, health, and
welfare of the community, as the City's current General Plan allows for such density and
the allowable maximum FAR and current design standards will be maintained in the
Zoning Ordinance.
PUBLIC NOTICE PROCESS
This item has been noticed through the required public posting requirements of the
regular agenda notification process for Municipal Code Text Amendments, pursuant to
Section 17.116.020 of the Rosemead Municipal Code.
Prepared and Submitted by: %
./6' ' ' .
Sheri Bermejo
Principal Planner .
Exhibits:
A. Map of R-1 (Single-Family Residential) Parcels with Lot Areas of 12,000s.f. or more
B. Proposed Modification to Single-Family Residential Design Guidelines
C. Planning Commission Resolution No. 09-13
D. Draft Ordinance No. 876
PC RESOLUTION 09-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING THAT THE CITY COUNCIL AMEND THE ZONING
ORDINANCE TO ALLOW ONE DWELLING UNIT PER SIX THOUSAND
(6,000) SQUARE FEET OF LOT AREA IN THE R-1 (SINGLE-FAMILY
RESIDENTIAL) ZONE AND TO REQUIRE A CONDITIONAL USE
PERMIT FOR ANY DWELLING WITH A DEVELOPED LIVING AREA
EQUAL TO OR EXCEEDING TWO THOUSAND FIVE HUNDRED (2,500)
SQUARE FEET IN R-1 (SINGLE-FAMILY RESIDENTIAL) AND R-2
(LIGHT MULTIPLE RESIDENTIAL) ZONES
WHEREAS, the City currently has provisions in its Municipal Code that prohibit
R-1 (Single-Family Residential) lots from being developed with multiple dwelling units,
as well as regulations that require a Conditional Use Permit (CUP) for any dwelling unit
with a total living area that exceeds three thousand (3,000) square feet in the R-1
(Single-Family Residential) and R-2 (Light Multiple Residential) zones; and
WHEREAS, the City has determined that the allowable density in the R-1 zone is
restrictive for property owners of large parcels, such as those with lot areas exceeding
12,000 square feet, and that the current CUP threshold is insufficient in addressing
large home development; and
WHEREAS, the City desires to change the single-family residential development
standards and has initiated an ordinance amendment; and
WHEREAS, Section 17.116.020 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, Sections 17.116 of the
Planning Commission to consider and
amendments to the City Council; and
Rosemead Municipal Code authorize the
recommend proposed municipal code
WHEREAS, on June 4, 2009, a notice was published in the San Gabriel Valley
Tribune specifying the public comment period and the time and place for a public
hearing pursuant to California Government Code Section 65091(a)(3); and
WHEREAS, on June 15, 2009, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Municipal
Code Amendment 09-01; and
ATTACHMENT D
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Rosemead City Council adopted a General Plan update and
certified an accompanying Program Environmental Impact Report (Program EIR) on
October 14, 2008. The certified Program EIR provided a program-level assessment of
the environmental impacts resulting from development pursuant to land use policy and
implementation of the goals and policies set forth in all chapters of the updated General
Plan, as well as the long-term implementation of the General Plan through a revised
Zoning Code. Municipal Code Amendment 09-01 is consistent with the Program EIR,
and pursuant to Public Resources Code 21083.3 and CEQA Guidelines sections 15162,
15168 and 15183 is exempt from the requirement that additional environmental
documentation be prepared.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that Municipal Code Amendment 09-01 is in the best interest of the public necessity and
general welfare, and good city planning practice dictates and supports the proposed
municipal code amendment, in that the change to the Rosemead Municipal Code will
provide a superior level of planning and protection to the quality and character of the
City.
SECTION 3. The Planning Commission FURTHER FINDS AND DETERMINES
that Municipal Code Amendment 09-01 is consistent with the Rosemead General Plan
as follows:
A. Land Use: Municipal Code Amendment 09-01 consists of allowing one
dwelling unit per six thousand square feet of lot area in the R-1 (Single-Family
Residential) zone, and requiring a Conditional Use Permit (CUP) for any dwelling unit
developed with a total living area equal to or exceeding two thousand five hundred
(2,500) square feet in R-1 (Single-Family Residential) and R-2 (Light Multiple
Residential) zones. According to the General Plan and Zoning Ordinance Consistency
matrix (Table 2-2 on page 2-21 of the General Plan) the Low Density Residential land
use designation is the corresponding land use category for the R-1 zone. The General
Plan characterizes the land use designation as low-density neighborhoods consisting of
detached single-family dwellings on individual lots. The maximum density permitted is
7.0 dwelling units per acre, which is approximately one (1) dwelling per six thousand
square feet of lot area. In addition, the General Plan indicates that maintaining stable
and attractive single-family residential neighborhoods is a goal. Requiring a Conditional
Use Permit for dwellings with two thousand five hundred (2,500) or more square feet of
living area will provide a zoning regulation that ensures that residential architecture is
consistent with and complementary to the surrounding neighborhood to assure the
neighborhood's integrity and the character of the community.
B. Circulation: Potential impacts to traffic and transportation depend on the
extent of a proposed project and local conditions. Each new proposed residential
project will be required to provide efficient vehicular access to the site. Furthermore,
residential additions and new home development will be required to satisfy the parking
requirements outlined in the municipal code.
C. Housing: The proposed municipal code amendment will not induce
substantial new population growth nor displace existing housing units or people. The
corresponding General Plan land use designation to the R-1 zone is Low Density
Residential, which currently allows a maximum density of 7.0 dwelling units per acre.
Therefore, the municipal code amendment is not proposing a higher density than what
is already established in the City's General Plan. Furthermore, the municipal code
amendment will not alter the current allowable maximum Floor Area Ratio (FAR) in the
R-1 zone. Therefore, the amount of living area on a lot will continue to be regulated by
the existing standards. Lastly, lowering the CUP threshold will only promote and ensure
a process to regulate higher architectural quality when larger homes are proposed.
D. Resource Management: Any proposed development resulting from this
municipal code amendment would be located in a developed urban area, and as such,
will not result in any impact upon natural resources. Proposed developments will be
required to provide adequate landscaped areas in the overall site plan.
E. Noise: The proposed development will not generate any permanent
impacts to noise levels for the surrounding area. New development shall be required to
comply with the City's Noise Ordinance.
F. Public Safety: Impacts to law or fire enforcement, parks, and public
facilities are area or community specific. The proposed municipal code amendment
would not impact police, fire, or school services, and there would be no change in
demand for or use of public parks. The entire City of Rosemead is located in Flood
Zone C (flood insurance is not mandatory) and is free from any flood hazard
designations.
SECTION 4. The Planning Commission of the City of Rosemead does hereby
recommend that the City Council adopt Ordinance 876 and the amendment to the
"Single-Family Residential Design Guidelines" attached hereto as Exhibits 'B' and "D."
SECTION 5. The Planning Commission HEREBY RECOMMENDS TO THE
CITY COUNCIL APPROVAL of Municipal Code Amendment 09-01, amending the
allowable residential density in the R-1 (Single-Family Residential) zone and requiring a
Conditional Use Permit (CUP) for any dwelling unit with a total living area of two
thousand five hundred (2,500) square feet or more in R-1 (Single-Family Residential)
and R-2 (Light Multiple Residential) zones.
SECTION 6. This Resolution shall take effect immediately
SECTION 7. This resolution is the result of an action taken by the Planning
Commission on June 15, 2009 by the following vote:
YES: ALARCON, ENG, HERRERA, HUNTER, RUIZ
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
SECTION 8. 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 15th day of June 2009.
Diana Herrera, Chairwoman
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted bX the Planning
Commission of the City of Rosemead at its regular meeting, held on 15t day of June,
2009, by the following vote:
YES: ALARCON, ENG, HERRERA, HUNTER, RUIZ
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
Sheri Bermejo, Secretary
Minutes of the
PLANNING COMMISION MEETING
JUNE 15, 2009
The regular meeting of the Rosemead Planning Commission was called to order by Chairwoman
Herrera at 7:00 p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California.
PLEDGE OF ALLEGIANCE - Chairwoman Herrera
INVOCATION - Commissioner Eng
ROLL CALL OF OFFICERS PRESENT - Commissioners Eng, Hunter, Ruiz, Vice-Chairman
Alarcon, and Chairwoman Herrera
OFFICIALS PRESENT: City Attorney Richman, Principal Planner Bermejo, Associate Planner
Agaba, Assistant Planner Trinh, and Commission Secretary Lockwood.
1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS
2. PUBLIC COMMENTS FROM THE AUDIENCE
None
3. CONSENT CALENDAR
A. Approval of Minutes - May 18, 2009 and June 1, 2009
City Attorney Richman stated that she would like to request that the Commission amend the
Consent Calendar by eliminating the review of the Planning Commission Minutes of May 18, 2009.
She stated that since the current Planning Commissioners were not present during the May 18,
2009 meeting, she needed to verify the process for approving those minutes.
Commissioner Eng made a motion, seconded by Commissioner Ruiz to approve the minutes of
June 1, 2009.
Vote resulted in:
Yes: Alarcon, Eng, Herrera, Hunter, and Ruiz
No: None
Abstain: None
Absent: None
4. PUBLIC HEARINGS
A. MUNICIPAL CODE AMENDMENT 09.01 - Municipal Code Amendment 09-01 is a City
initiated amendment that proposes to amend the Zoning Ordinance to allow one (1)
dwelling unit per six thousand (6,000) square feet of lot area, with a minimum distance
ATTACHMENT E
of twenty (20) feet between dwellings on the same lot, in the R-1 (Single-Family
Residential) zone, and to require a Conditional Use Permit (CUP) for any dwelling unit
developed with a total living area equal to or exceeding two thousand five hundred
(2,500) square feet in R-1 (Single-Family Residential) and R-2 (Light Multiple Residential)
zones.
PC RESOLUTION 09-13 - A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING THAT THE CITY COUNCIL AMEND THE ZONING ORDINANCE TO
ALLOW ONE DWELLING UNIT PER SIX THOUSAND (6,000) SQUARE FEET OF LOT
AREA IN THE R-1 (SINGLE-FAMILY RESIDENTIAL) ZONE AND TO REQUIRE A
CONDITIONAL USE PERMIT FOR ANY DWELLING WITH A DEVELOPED LIVING AREA
EQUAL TO OR EXCEEDING TWO THOUSAND FIVE HUNDRED (2,500) SQUARE FEET IN
R-1 (SINGLE-FAMILY RESIDENTIAL) AND R-2 (LIGHT MULTIPLE RESIDENTIAL) ZONES.
Recommendation - Staff recommends that the Planning Commission ADOPT Resolution
No. 09.13, a resolution recommending that the City Council ADOPT Ordinance No. 876,
modifying the Zoning Ordinance with respect to regulations governing density and
distance between buildings in the R-1 (Single-Family Residential) zone and Conditional
Use Permit requirements in the R-1 (Single-Family Residential) and R-2 (Light Multiple
Residential) zones.
Commissioner Eng stated that this is an Ordinance Amendment and questioned staff if we had
given the public enough time for public input and if this will affect the R-2 zone. She also
questioned staff how the standard for distance structures was determined, what the code requires
for front and rear yard setbacks, and questioned the impacts of reducing the distance between
structures from 20 feet to 12 feet.
Principal Planner Bermejo stated that the Municipal Code requires that the public hearing notice be
published in a newspaper of general circulation 10 days prior to the public hearing. She further
'stated that the notice for MCA 09-01 was posted at five locations within the City, in addition to the
placement in the newspaper. She also stated that the Municipal Code Amendment will not affect
the R-2 Zone, unless new home construction or the addition to a home results in a total living area
of 2,500 square feet or more, in which case an application for a Conditional Use Permit would be
required. Principal Planner Bermejo stated that the R-2 zone currently requires a minimum of 20
feet between structures used for dwelling purposes, and that she does not recommend reducing
the standard to 12 square feet. She indicated that the distance between the structures provides
outdoor living area for the front residence, and creates a breakup in building area which reduces
the impact to surrounding residences.
Commissioner Eng questioned staff about set-back requirements, and asked if property owners of
lots smaller than 6,000 square feet would still be able to make improvements as long as they follow
the municipal code requirements.
Principal Planner Bermejo explained the set-back requirements and stated that property owners of
6,000 square-foot lots could continue to make improvements to their properties.
2
Chairwoman Herrera questioned staff if this amendment proposes to change the code back to the
prior way, before the last update.
Principal Planner Bermejo stated that is correct. She said that it would revert back to the prior
code, and the only standard added, would be the distance between the two structures, as such
standard was never in the municipal code.
Commissioner Eng questioned staff if the distance of 6 feet between structures was a prior
development standard.
Principal Planner Bermejo stated that it was a standard only intended for the distance between
accessory structures and a dwelling unit.
Steven Ly stated that he feels that this amendment to the municipal code is very important and that
it gives property rights back to the property owner. He stated that as a resident, he is in support of
the Municipal Code Amendment.
Brian Lewin stated that he is a resident, and that he is in favor of this Municipal Code Amendment.
He also stated that he would like the Planning Staff to be strict in reviewing new development so
that proposed homes maintain the same character of the neighborhood, with respect to size and
design.
Vice-Chairman Alarcon made a motion, seconded by Commissioner Ruiz, to APPROVE
MUNICIPAL CODE AMENDMENT 09-01 and ADOPT Resolution No. 09-13, a resolution
recommending that the City Council ADOPT Ordinance No. 876, modifying the Zoning Ordinance
with respect to regulations governing density and distance between buildings in the R-1 (Single-
Family Residential) zone and Conditional Use Permit requirements in the R-1 (Single-Family
Residential) and R-2 (Light Multiple Residential) zones.
Vote resulted in:
Yes: Alarcon, Eng, Herrera, Hunter, and Ruiz
No: None
Abstain: None
Absent: None
B. DESIGN REVIEW 09-03 - Tuong Duc Ta has submitted a Design Review application for a
new master sign program, which includes the renovation of an existing pole sign for
Valley Gateway Shopping Center, located at 8801.8845 Valley Boulevard in the CBD-D
(Central Business District with a Design Overlay) zone.
PC RESOLUTION 09.12 - A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING DESIGN REVIEW 09.02 FOR A NEW MASTER SIGN PROGRAM, WHICH
INCLUDES THE RENOVATION OF AN EXISTING POLE SIGN FOR VALLEY GATEWAY
SHOPPING CENTER, LOCATED AT 8801.8845 VALLEY BOULEVARD IN THE CBD-D
(CENTRAL. BUSINESS DISTRICT WITH A DESIGN OVERLAY) ZONE (APNS: 5391-009-
3
001 & 003).
Recommendation - Staff recommends that the Planning Commission APPROVE Design
Review 09.02 for a period of one (1) year and adopt Resolution 09-12, subject to
conditions outlined in Exhibit "B".
Assistant Planner Trinh read her staff report.
Commissioner Eng questioned staff if the City has a current height limit on commercial
freestanding signs.
Assistant Planner Trinh stated that the current height limit is 35 feet. She further stated that the
sign is existing, has a permit, and that the applicant is only proposing renovation.
Lavender Fung from Signs Express stated that she is available to answer any questions for the
owner. Ms. Fung expressed concern over Condition No. 27 regarding the requirement to have the
bird stoppers removed. She stated that the applicant would like to keep the bird stoppers, as they
reduce the impacts of pigeon droppings.
Principal Planner Bermejo stated that staff would like to see the applicant use something other than
the nails or spikes, which is visible from the public right-of-way. She suggested using alternative
product that has a reduced visual impact, and stated that staff would work with applicant.
Lavender Fung stated that she would agree with the recommendation.
Commissioner Ruiz made a motion, seconded by Vice-Chairman Alarcon, to APPROVE DESIGN
REVIEW 09-03 for a period of one (1) year and adopt Resolution 09-12, subject to conditions
outlined in Exhibit "B".
Vote resulted in:
Yes: Alarcon, Eng, Herrera, Hunter, and Ruiz
No: None
Abstain: None
Absent: None
C. CONDITIONAL USE PERMIT - 09.02 - Jian Q. Guan, on behalf of Sunday@Rosmead
Restaurant, has submitted a Conditional Use Permit application requesting approval for
a new on-sale beer and wine (Type 41) ABC license in conjunction with a bona fide
public eating establishment located at 8801 Valley Boulevard in the CBD-D (Central
Business District with a Design Overlay) zone.
PC RESOLUTION 09.11 - A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 09.11 FOR A NEW ON-SALE BEER AND WINE
(TYPE 41) ABC LICENSE FOR SUNDAY@ROSEMEAD RESTAURANT LOCATED AT 8801
VALLEY BOULEVARD, IN THE CBD-D (CENTRAL BUSINESS DISTRICT WITH A DESIGN
OVERLAY)ZONE.
Recommendation - Staff recommends that the Planning Commission APPROVE
Conditional Use Permit 09.02 for a period of six (6) months and ADOPT Resolution 09.11
subject to conditions outlined in Exhibit "B".
Associate Planner Agaba read his staff report and stated applicant is here to answer any
questions.
Vice-Chairman Alarcon stated that there is already a security guard at this location for daytime, and
questioned staff if there will now be two security guards.
Associate Planner Agaba replied that the second security guard will only secure the Sunday @
Rosemead Restaurant.
Commissioner Ruiz questioned staff about hours of operation.
Principal Planner Bermejo stated that Condition of Approval 10 should be amended to state the
current hours of operation.
Commissioner Hunter questioned staff if the other restaurant in shopping center served wine and
beer.
Associate Planner Agaba stated there are two restaurants in shopping center one does sell wine
and beer and the other doesn't.
Commissioner Hunter questioned staff if there is a liquor store or a restaurant that serves beer and
wine near a school and if there is a code that requires that a distance be maintained from a school.
Principal Planner Bermejo stated that there is no specific distance required. She also stated that
public hearing notices are sent out for public comments.
Commissioner Eng questioned staff if the restaurant's current hours of operation until 2:00 a.m.,
was correct, and questioned the hours of operation of the other two restaurants in shopping
center.
Principal Planner Bermejo read a survey of hours of operation of surrounding businesses in the
area.
Commissioner Eng questioned if applicant was agreeable to proposed hours of operation to 2:00
a. m.
Associate Planner Agaba stated the applicant was agreeable with what is proposed.
Principal Planner Bermejo stated that she recommends that Condition of Approval number 10 be
clarified and amended to the actual business hours.
Commissioner Eng stated that the applicant is an established restaurant that started in Monterey
Park and welcomed him to the City of Rosemead.
Commissioner Eng questioned staff on how long the ABC license is valid once it is issued.
Associate Planner Agaba stated that once the ABC license is issued, it is valid as long as
business exists.
Commissioner Eng questioned staff if alcohol will be served daily and during all business hours.
Principal Planner Bermejo stated that the Commission should direct that question to applicant.
Commissioner Eng questioned staff about Condition of Approval No. 9, regarding live
entertainment.
Principal Planner Bermejo stated that if live entertainment is ever proposed in the future, the
applicant would be required to submit an application, which requires City Council approval.
Commissioner Eng questioned staff about Condition of Approval No. 12, regarding posting of signs
prohibiting the consumption of alcohol beverages in public places. She asked if the signs needed
to be in other languages other than English.
Principal Planner Bermejo stated that at this time it has only been required in English.
Commissioner Eng questioned staff about Condition of Approval No. 30, and asked if the other two
restaurants with ABC licenses have security guards.
Principal Planner Bermejo stated that staff would have to look at those case files to answer the
question. She stated that the requirement has been used in the approval of other applications,
especially when the business is near a school or residential area.
Commissioner Eng questioned staff about ABC licensing requirements.
Principal Planner Bermejo explained that the number of ABC licenses in a census tract is based on
population. She stated that ABC will also have a separate process that the applicant will be
required to follow before the license is issued.
Commissioner Eng questioned staff how often regular inspections are done by staff, and asked if a
condition of approval should be added to regulate staff's inspections.
Principal Planner Bermejo stated that the Planning Commission could include such a condition if
there was concern. She further added that although there is not a specific schedule for
inspections, Code Enforcement circulates through the City on a daily basis.
Commissioner Eng stated that she would like a condition of approval for regular inspections
Vice-Chairman Alarcon stated that he does not feel that such a condition should be required
Gary Tane, applicant, stated that the restaurant is open until 11:00 p.m. on weeknights, and that
the sale of wine and beer is intended to compliment dinner. He also stated that they already have
a 24 hour security camera and extra lights in the front and the back of the restaurant. Mr. Tane
stated that he would like to request that the Commission adjust security guard schedule as based
on amount of wine and beer sales, the addition of a security guard would not be economically
feasible.
Commissioner Ruiz stated that he would like Condition of Approval No. 10 amended to reduce the
hours of operation on Friday and Saturday to 7:00 a.m. to 1:00 p.m.
Commissioner Eng would also like to amend hours of operation, and requested that they be
Sunday through Thursday 7:00 a.m. to 11:00 p.m., and 7:00 a.m. to 1:00 p.m., on Friday and
Saturday. She also stated that Condition of Approval No. 30 should be revised to only require a
security guard between the hours of 5:00 p.m. until closing. These hours were confirmed with the
applicant.
Gary Tane, applicant, stated that the amended hours for a security guard would be feasible.
Commissioner Eng questioned staff if a condition should be added for regular inspections.
Principal Planner Bermejo stated that she did not feel it was necessary.
City Attorney Richman stated that a motion for approval would include the corrections to Conditions
of Approval numbers 10 and 30.
Vice-Chairman Alarcon made a motion, seconded by Commissioner Eng, to APPROVE
CONDITIONAL USE PERMIT 09-02 with corrections to Conditions of Approval numbers 10 and 30
for a period of six (6) months and ADOPT Resolution 09-11 subject to conditions outlined in Exhibit
B"
Vote resulted in:
Yes: Alarcon, Eng, Herrera, Hunter, and Ruiz
No: None
Abstain: None
Absent: None
5. MATTERS FROM THE CHAIRWOMAN & COMMISSIONERS
Vice-Chairwoman Herrera questioned staff about a business operating on the northwest corner of
Walnut Grove and Valley Boulevard. She stated that she has seen several cars, as well as people
coming in and out.
Principal Planner Bermejo stated that she will check on the status of that location and get back to
her.
6. MATTERS FROM THE PRINCIPAL PLANNER & STAFF
Principal Planner Bermejo stated that business cards have been ordered and badges are
forthcoming.
Principal Planner stated that City Council will be drawing straws for the Planning Commissioner
terms at the next City Council Meeting. She also explained they are doing this so that Planning
Commissioner terms will not end at the same time, and that two will have terms of one year and
three Commissioners will have terms of two years.
7. ADJOURNMENT
The next regular meeting is scheduled for Monday, July 6, 2009, at 7:00 p.m.
Meeting was adjourned at 8:07 p.m.
Diana Herrera
Chairwoman
ATT T: Q
Q(" e7-ok
Rachel Lockwood
Planning Secretary
8