Ordinance No. 826 - State Assembly Bill 1866I ORDINANCE NO. 826
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY
4 OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING VARIOUS SECTIONS OF
5 THE ROSEMEAD MUNICIPAL CODE PERTAINING TO SECOND UNITS IN
6 COMPLIANCE WITH STATE ASSEMBLY BILL 1866
8 WHEREAS, the State Legislature has declared that second dwelling units provide a
9 valuable form of housing in California, providing housing for family members, students, the
10 elderly, in-home health care providers, the disabled and others at below-market prices within
11 existing neighborhoods and has found that homeowners who create second units benefit from
12 added income and an increased sense of security; and
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WHEREAS, the Legislature stated its intent that any second-unit Ordinances adopted by
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local agencies have the effect of providing for the creation of second units, and that provisions
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in these Ordinances relating to matters including unit size, parking, fees and other
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requirements are not so arbitrary, excessive or burdensome so as to unreasonably restrict the
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ability of homeowners to create the second units in zones in which they are authorized by
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local Ordinance; and
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WHEREAS, the Legislature in 1982 stated its commitment to second units as a valuable
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form of housing and restated its commitment in 2002 with the passage of Assembly Bill 1866,
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which amends Government Code Section 65852.2 by eliminating the authority to require a
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discretionary review for second units that meet specified requirements; and
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WHEREAS, Section 65852.2 authorizes a local agency to: (i) designate areas where
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second units may be permitted based on criteria that may include adequacy of sewer services,
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impact on traffic flow or other factors identified by the City, which the City has done; and (ii)
subject to certain limitations, impose standards that include parking, height, setbacks, lot
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coverage, architectural review, maximum size, owner-occupancy and standards that prevent
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adverse impacts listed on properties found on the National Register of Historic Places; and
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WHEREAS, the legislative history of Section 65852.2 indicates that the purpose of
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allowing an owner-occupancy provision is to protect neighborhood stability and the character
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of existing family neighborhoods and to discourage speculation and absentee ownership; and
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WHEREAS, in compliance with AB 1866 the City wishes to amend the Rosemead
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Municipal Code to permit accessory second units in all residential zones on lots on which
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only a single family home currently exists; and
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41 WHEREAS, the adoption of this Ordinance to accommodate second units without
42 discretionary review to implement the provisions of Section 65852.2 is statutorily exempt
43 from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code
44 Section 21080.17 and CEQA Guidelines Section 15282(i), and, to the extent that Code
45 provisions are revised to ensure internal consistency, that the project is categorically exempt
46 under CEQA Guidelines Section 15061(b)(3), which provides that where it can be seen with
I certainty that there is no possibility that the activity in question may have a significant effect
2 on the environment, the activity is not subject to CEQA; and
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4 WHEREAS, the Legislature has required that this Ordinance be in place by July 1, 2003
5 and therefore it is necessary to adopt this Ordinance to avoid having state-imposed standards
6 placed on the City of Rosemead, which do not include an owner-occupancy requirement,
7 which could negatively impact the land-use patterns of the City, overburden existing
8 infrastructure, cause traffic and parking congestion, increased noise, loss of privacy, and
9 overburden areas where existing density is already among the highest in the City and therefore
10 interfere with the public safety, welfare, peace and health.
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12 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
13 HEREBY ORDAIN AS FOLLOWS:
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15 Section 1. Environmental Determination. The City Council HEREBY FINDS and
16 DETERMINES that this ordinance is statutorily and categorically exempt from CEQA.
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18 Section 2. Zoning Amendment Findings. In approving this Urgency Ordinance, the City
19 Council hereby finds and determines that the zoning amendment serves the public necessity,
20 convenience, and general welfare in that it will help provide lower cost housing for lower
21 income persons such as students, disabled persons, senior citizens and members of property
22 owners' families as required by Section 17.116.010 of the Rosemead Municipal Code. The
23 Council further finds that the proposed change is consistent with good city planning and
24 zoning practices in that it furthers city and state housing goals.
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Section 3. Additional Findings.
A. Parking Findings.
This Ordinance amends Section 17.84.020 to the Municipal Code that will require
enclosed parking spaces for second units. This provision meets the requirements of
Government Code section 65852.2(e) as covered parking is required for all required parking
in residential zones which are impacted by this Ordinance.
Section 4. Section 17.16.020 of the Rosemead Municipal Code is hereby amended by adding
a subsection H to read as follows:
H. Single-story second residential units in accordance with Chapter 17.30 of the
Rosemead Municipal Code.
Section 5. Section 17.20.020 of the Rosemead Municipal Code is hereby amended by adding
a subsection D to read as follows:
D. Single-story second residential units in accordance with Chapter 17.30 of the
Rosemead Municipal Code.
Ordinance
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Section 6. Section 17.24.020 of the Rosemead Municipal Code is hereby amended by adding
a subsection E to read as follows:
A. Single-story second residential units in accordance with Chapter 17.30
of the Rosemead Municipal Code.
Section 7. Section 17.28.020 of the Rosemead Municipal Code is hereby amended by adding
a subsection D to read as follows:
D. Single-story second residential units in accordance with Chapter 17.30 of the
Rosemead Municipal Code.
Section 8. Chapter 17.30 is hereby added to the Rosemead Municipal Code to read as follows:
SECOND RESIDENTIAL UNITS
17.30.010 Purpose
A. The purpose of this Chapter is to implement Government Code section
65852.2 which allows the City to adopt a second residential unit ordinance in
lieu of being subjected to the State requirements for such units.
B. Notwithstanding any other provision of the Rosemead Municipal Code
to the contrary, the provisions herein shall govern the development of second
residential units in the City of Rosemead.
17.30.020 Second Residential Unit - Definitions
C. "Second Residential Unit" shall mean a detached or attached dwelling
unit that provides complete independent living facilities for one or more
persons. It shall include permanent provisions for living, sleeping, eating,
cooking and sanitation on the same parcel or parcels upon which the primary
single family residence is situated.
D. "Single-story Second Residential Unit" shall mean a second residential
unit that is no higher than fifteen (15) feet from ground level.
E. Second residential units shall not be considered to be an accessory
structure.
Ordinance
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17.30.030
Single-story Second Residential Units - Requirements
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An attached or detached one-story second residential unit shall be permitted by the
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Planning Director or the Director's designee if the application meets all of the following
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requirements
set forth in this section. The one-story second residential unit shall:
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A.
Be located on a residential lot that has only one existing single-family unit
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thereon that meets the following minimum lot size:
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1. R-1 Zone - 6,000 square feet
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2. R-2 Zone - 6,000 square feet
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3. R-3 Zone - 5,000 square feet
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A.
Be a permanent structure on a permanent foundation and contain
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accommodations for living, sleeping, eating, cooking and sanitation separate
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from the primary dwelling on the same lot.
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B.
Have no more than two bedrooms.
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C.
Be no smaller than 400 square feet for an efficiency unit and 550 square feet
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for a one- or two- bedroom unit.
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D.
Be no larger than 30% of the size of the living space of the primary structure or
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800 square feet, whichever is smaller. In cases where 30% of the primary
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dwelling unit is less than or equal to 400 square feet, then one 400 square foot
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efficiency unit shall be permitted.
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E.
Be restricted so that one of the two units on the property is always owner-
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occupied. A recorded covenant shall be provided prior to occupancy of the
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second unit providing such notice and further providing that the second
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residential unit shall be a legal unit only so long as either the main dwelling
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unit or the second unit is occupied by the owner of record of the property and
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providing that this restriction shall be binding upon any successor in ownership
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of the property.
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F.
If detached, be no closer than 10 feet to any other building on the lot, including
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the primary residential unit, nor closer than 15 feet from a building on an
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adjacent lot.
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G.
Have windows and doors placed such that privacy of adjacent lots is not
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impinged; windows shall be above eye level, shall face toward the existing
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primary residence or the street, or shall be screened from view from adjacent
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lots.
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H.
Not result in or contribute to a floor area ratio greater than 45% in any zone
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even when attached to the primary structure.
Ordinance
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B.
Not have stairs that are visible from a street or shall have stairs that are
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screened from view.
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C.
Not have its door visible from the street in single-family neighborhoods, and
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generally shall not create an appearance out of character with the single-family
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nature of the R-1 zone.
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D.
Have an upper story that is smaller than the lower story to decrease the bulk
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and mass of the building and add architectural character. The square footage of
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the upper story shall be at least 10% less than the lower story.
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E.
If a detached unit, be no higher than the primary unit.
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F.
If on an alley, may be allowed tandem parking within a garage as an option if
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tandem parking will result in a unit that (a) faces the alley and (b) has a garden
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or landscaped area facing the alley. This provision is intended to be an
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incentive for making the alley an attractive living environment and a secondary
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street.
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G.
Have its architectural character, design, style, massing, height, construction
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materials, trim, and color in harmony with the primary unit and the
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surrounding neighborhood.
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H.
Not cause excessive noise, traffic, parking or overloading of public facilities or
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infringe upon the privacy of adjacent residences.
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I.
Not invade privacy, cast excessive shade on adjacent properties or reduce light
available for solar energy.
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17.30.050
Revocation
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34 The Planning Director shall have the authority to revoke a second residential unit permit
35 and the planning commission shall have the authority to revoke a conditional use second
36 residential unit permit if one or more of the requirements of this Chapter are no longer met.
37 The decision of either the Planning Director or the Planning Commission may be appealed to
38 the City Council in accordance with the procedures set forth in Section 17.124.070 of this
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41 17.30.060 Existing Second Residential Units
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43 Second residential units which have been previously approved shall be allowed to remain
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Ordinance
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1 Section 9. Section 17.112.030 of the Rosemead Municipal Code is hereby amended by
2 adding subsection 29 to read as follows:
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4 29. Second-story and two-story second residential units in accordance with Section
5 17.30.040 of this Code.
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7 Section 10. Severability
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9 The City Council of the City of Rosemead hereby declares that should any section,
10 paragraph, sentence or word of this Ordinance of the Code, hereby adopted, be declared for
11 any reason to be invalid, it is the intent of the Council that it would have passed all other
12 portions of this Ordinance independent of the elimination herefrom of any such portion as
13 may be declared valid.
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15 Section 11.
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17 The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance
18 and shall cause it to be published and posted pursuant to the provisions of law in that regard.
19 In accordance with Section 3A above, this Ordinance shall be introduced and take effect
20 immediately upon adoption.
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Section 12.
The City Clerk shall transmit a copy of this Ordinance to the State Department of
Housing and Community Development within 60 days of its adoption.
APPROVED AND ADOPTED this,-2-1 day o2003, by the City Council of
Rosemead, California.
ATTEST:
City Cleric
Ordinance
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF ROSEMEAD
I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the
. foregoing Ordinance No. 826 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE ROSEMEAD
MUNICIPAL CODE PERTAINING TO SECOND UNITS IN COMPLIANCE WITH
STATE ASSEMBLY BILL 1866
was duly adopted at a regular meeting of the Rosemead City Council on the 23`d day of
September, 2003 by the following vote to wit:
YES: COUNCILMEMBERS, VASQUEZ, BRUESCH, CLARK, IMPERIAL
NO: TAYLOR
ABSENT: NONE
ABSTAIN: NONE
CITY CLERIC