Loading...
CC - Item 8C - Ordinance 886 - Second Reading - For any dwelling with a development l iving area equal to or exceeding two thousand five hundred square feet in R-1 and R-2 zonesROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JANUARY 26, 2010 SUBJECT: ORDINANCE 886 - SECOND READING: APPROVING MUNICIPAL CODE AMENDMENT 09-04, TO REQUIRE DESIGN REVIEW APPROVAL FOR ANY DWELLING WITH A DEVELOPMNET LIVING AREA EQUAL TO OR EXCEEDING TWO THOUSAIND FIVE HUNDRED SQUARE FEET IN R-1 AND R-2 ZONES. SUMMARY On January 12, 2009, the City Council reviewed Ordinance No. 886, which approved Municipal Code Amendment 09-04, amending the Zoning Ordinance to require Design Review approval for any dwelling with a developed living area equal to or exceeding two thousand five hundred (2,500) square feet in R-1 and R-2 zones. Ordinance No. 886 is now before Council at the required second reading for adoption. Staff Recommendation Staff requests that City Council ADOPT Ordinance No. 886 at its second reading. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: 01 GLORIA MOLLEDA CITY CLERK Attachment A -Ordinance No. 886 APPROVED FOR CITY COUNCIL AGENDA: ITEM NUMBER: SC ORDINANCE NO. 886 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF; LOS ANGELES, STATE OF CALIFORNIA APPROVING MUNICIPAL CODE AMENDMENT 09- 04, AMENDING THE ZONING-, ORDINANCE TO REQUIRE DESIGN REVIEW APPROVAL 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 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 Design Review entitlement application through the public hearing process; and A. The City Council of theCity 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 require a Conditional Use Permit for any dwelling unit developed with a total living area that exceeds two thousand five hundred (2,500) square feet in the R-1 (Single- Family Residential) and R-2 (Light Multiple Residential) zones; and C. The City has determined that the current Conditional Use Permit review process is not the most appropriate discretionary review application for ensuring that large home development is compatible with existing residential neighborhoods; and D. It is the purpose and intent of the Ordinance to provide an improved Design Review 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. The City Council hereby makes a finding of adequacy with the Negative Declaration and HEREBY ADOPTS the Negative Declaration, as the environmental clearance for Municipal, Code Amendment 09-04. 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. The City Council HEREBY FINDS AND DETERMINES that Municipal Code Amendment 09-04 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 4. The City Council FURTHER FINDS AND DETERMINES that Municipal Code Amendment 09-04 is consistent with the Rosemead General Plan as follows: A. Land Use: Municipal Code Amendment 09-04 consists of requiring approval of a Design Review (DR) entitlement application 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. Requiring Design Review 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 propose6rnunicipal code amendment will not induce substantial new population growth nor'displace existing housing units or people. 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 or R-2 zones. Therefore, the amount of living area on a lot will continue to be regulated by the existing standards. Lastly, adopting the Design Review procedures will promote and ensure a thorough process to regulate higher architectural quality when larger homes are proposed. 2 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 5. CODE AMENDMENT. Section 17.16.025 of Chapter 17.12 of Title 17 (Uses permitted with Design Review) of the Rosemead Municipal Code is hereby added to read as follows: 17.16.025 Uses permitted with Design Review. Design Review approval, subject to approval of a precise plan of design pursuant to the procedures in Chapter 17.72 of this Title, shall be required for: A. Any new dwelling unit to be constructed that equals or exceeds two thousand five hundred (2,500) square feet of developed living area. B. Any addition to a dwelling unit in which the total floor area with the addition equals or exceeds two thousand five hundred (2,500) square feet of developed living area. Section 6. CODE AMENDMENT. Subsection A of Section 17.16.130 (Lot Coverage) of the Rosemead Municipal Code is hereby amended as follows: A. Floor-Area Ratio (FAR). Residential development shall not have a floor- area ratio that exceeds thirty-five (35) percent, to be calculated pursuant to Section 17.04.020. An additional five percent may be obtained through use of the design incentive program outlined in Section 17.16.260. In squaFe foot of liy nn aFea oh -.II require SBGtiOR 17.112.030. 3. Section 7. CODE AMENDMENT. Section 17.20.025 of Chapter 17.29 of Title 17 (Uses permitted with Design Review) of the Rosemead Municipal Code is hereby added to read as follows: 17.20.025 Uses permitted with Design Review. Design Review approval, subject to approval of a precise plan of design pursuant to the procedures in Chapter 17.72 of this Title, shall be required for: A. Anv new dwelling unit to be" constructed that equals or exceeds two thousand five hundred (2,500) square feet of developed living area. B. Any addition to a dwelling unit in which the total floor area with the addition equals or exceeds two thousand, five hundred (2,500) square feet of developed living area. Section 8. CODE AMENDMENT. Subsection A of Section 17.20.130 (Lot Coverage) of the Rosemead Municipal Code is hereby amended as follows: A. Floor-Area Ratio (FAR). Residential development shall not have a floor- area ratio that exceeds thirty-five (35) percent, to be calculated pursuant to Section 17.04.020. An additional five percent may be obtained through use of the design incentive program outlined in Section 17.16.260, to be calculated pursuant to Section 17.04.020. IR additiGR, any residential dwelling that oyreels three fha cand (3,000) square feet of liy no area shall require a GGRclitional use l5ermit pursuant to Section 17.112.030. Section 9. CODE AMENDMENT... Section 17.72.040 A (Application - Content and fee) of the Rosemead Municipal Code is hereby amended as follows: A. Prior to the issuance of a building permit for the erection, alteration, addition to or enlargement of, or the moving or relocation of, any building or structure, in the D Zone, or any building or structure requiring a precise plan of design, an application and plans shall be submitted with six sets 0 p4as to the Planning Department. Such application and plans shall be on a form prescribed by the Planning Commission. A fee, as established by Council resolution, shall be paid upon the filing of such application. Section 10. CODE AMENDMENT. Section 17.72.060 (Approval Procedure) of the Rosemead Municipal Code is hereby amended as follows: Application for approval of a precise plan of design shall be made with the Director of Planning subject to=the procedures set forth in Chapter 17.124, except as otherwise specifically provided in this chapter. If the Director determines that the plans conform; to the provisions of this chapter, and 4 the policies adopted by the Planning Commission hereunder, the Director shall endorse his or her approval thereon in writing to the Planning Commission for their concurrence. When the plans for an approval do not arbitrarily alter the appearance of the property, the only approval required shall be that of the Director of- Planning. Section 11. CODE AMENDMENT. Section 17.72.070 (Appeals) of the Rosemead Municipal Code is hereby amended as follows: The applicant or any person- aggrieved by the decision of the Planning Commission may file an appeal to the City Council on any ruling by the Planning Commission by filing a written request on forms provided by the Planning Department. The appeal shall be filed within ten fifteen (1045) days after such hearing, 'setting forth alleged inconsistency or nonconformity with procedures or criteria set forth in or pursuant to this code. The filing shall suspend any building permit until final action. The City Council shall hold a hearing on the appeal and shall render its decision thereon within forty (40) days after the filing thereof. The City Council may approve, disapprove or modify the decision of the Planning Commission, and its decision shall be final. If significant new evidence is presented with the appeal which may include substantial changes to the original proposal, the Council may refer the matter back to the Planning Commission, in which case the Planning Commission's decision shall be final. Section 12. CODE AMENDMENT. Subsection 26 of Section 17.112.030 (Uses permitted in specific zones) of the Rosemead Municipal Code is hereby deleted in its entirety. Section 13. The City Council hereby adopts the amendment to the "Single-Family Residential Design Guidelines" attached hereto as Exhibit'A'. Section 14. 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. 886 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 15. EFFECTIVE DATE. This ordinance shall take effect thirty (30) days after its adoption. s Section 16. 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 17. The City Clerk shall certify to the adoption of this Ordinance. PASSED AND APPROVED, this day of 2010. MARGARET CLARK, Mayor ATTEST: GLORIA MOLLEDA, City Clerk' Joseph M. Montes, City Attorney 6