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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. r to the ^ffe^tiye date ^ d Wh lli i t E of this title OR ere we ng ex s s, . the h' of the lot and at least c en+afiye (7 , 5) feet hank eF f t 'At lin a new dwellin ma be th ^°t"'^t^^' Rn~ g y e e, ' i ' ll h h t d the F + 't f the 19+ V ded t tR f h t (20) feet betwe^^ the *%;tR I I d d ere s a be n i dwellin Roe M M rn A _ llin en the Fear of the lot whiGh s a d th ld d g ll be GGRveFted g aR e e . we FE. Storage of building materials, used in the construction of a building or building project, during the construction and thirty (30) days thereafter, including the contractor's temporary office provided that 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. 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O) Q) of L W a) C Q W Q U 9 0)°)() uSa2i U)c c w z E,o" N m a) m rno ❑F p m. o-- N +L- 0) a c m vi N c Z U lwi U E E~ j L 0) 0) L a) -0 U Q F W U) r- x c6 W C o a) L a) Co 0 U) a) 16 m p c aa))L-0 L) 3a UOQz in o E M-0 a) w e o= o (n co< w U) o E m o 0 w N U N O E p C cf~ 0) T a) C: O p E (D CL y a) C D U O N a) a` X O D -C O m N X a) L -0 L m U 0 F- 0 > N o o as F- m F- . E .CL 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