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PC - 2009-13 - Amend the Zoning Ordinance to Allow one Dwelling Unit Per Six Thousand sq Ft. of Lot Area in the R-1PC 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 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. il~a-j 1 13 D na Herre ,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 15` day of June, 2009, by the following vote: YES: ALARCON,ENG,HERRERA,HUNTER NO: NONE ABSENT: NONE ABSTAIN: NONE RUIZ Sheri Bermejo, SecretaYy