PC - 1994-10 - Concerning Certain Permitted Alterations and Addidtions to existing non-conforming R-1 and R-2 UnitsPC RESOLUTION 94-10
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROSEMEAD RECOMMENDING TO THE CITY
COUNCIL ADOPTION OF AN ORDINANCE CONCERNING
CERTAIN PERMITTED ALTERATIONS AND ADDITIONS
TO EXISTING NON-CONFORMING R-1 AND R-2 UNITS
WITH INSUFFICIENT OFF-STREET PARKING AND
REGULATIONS REGARDING COMPLIANCE OF
NON-CONFORMING BUILDINGS AND STRUCTURES WITH
CURRENT MUNICIPAL REQUIREMENTS.
WHEREAS, a public hearing was duly notified and
conducted for the consideration of the proposed amendment on August
15, 1994, in the Council Chambers of the Rosemead City Hall, 8838 E.
Valley Boulevard, Rosemead, California; and that a notice of the
time, date, place and purpose of the aforesaid hearing was given
according to law; and
WHEREAS, the Planning Commission has determined that
additions to existing residential units may be permitted without
adversely affecting off-street parking facilities in the R-1 and R-2
zones; and
WHEREAS, the Planning Commission has determined that
requiring off-street parking facilitites may place an undue burden on
certain residences where compliance with current parking standards
may be impractical or difficult to achieve, and therefore prevent
reasonable alterations or additions to occur.
NOW, THEREFORE, the Planning Commission of the City of
Rosemead does hereby resolve as follows:
Section 1. The Planning Commission hereby recommends
adoption of the ordinance entitled AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD AMENDING THE MUNICIPAL CODE CONCERNING
CERTAIN PERMITTED ALTERATIONS AND ADDITIONS TO EXISTING
NON-CONFORMING R-1 AND R-2 UNIT WITH INSUFFICIENT OFF-STREET PARKING
FACILITIES, a copy of which is attached hereto, marked Exhibit "A",
and incorporated herein by this reference.
Section 2. The Planning Commission finds that the
attached ordinance will not have a significant effect on the'
environment and does hereby adopt and approve a Negative Declaration.
Section 3. The secretary shall certify to the adoption
of this Resolution and shall transmit copies of the same to the City
Clerk of the City of Rosemead.
Section 4. This resolution is the result of an acion
taken by the Planning Commission on August 15, 1994, by the following
vote:
YES: Loi, Ruiz, Lowrey, Breen Ortiz
NO: None
ABSENT: None
ABSTAIN: None
PASSED, APPROVED AND ADOPTED this 6th day of
, /1994.
MARVIN LOWREY,
...:.3:o-:_._...,...
• 0
PC Resolution 94-10
page 2.
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution
adopted by the Planning Commission of the City of Rosemead at its
regular meeting, held on the 6th of September, 1994, by the following
vote:
YES: Loi, Ruiz, Lowrey, Breen
NO: None
ABSENT Ortiz
ABSTAIN: None
r=.. 0
Exhibit "A"
ORDINANCE
FOLLOWS:
J
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD AMENDING THE MUNICIPAL CODE CONCERNING
STANDARDS TO ALLOW CERTAIN PERMITTED ALTERATIONS
AND ADDITIONS TO EXISTING NON-CONFORMING
RESIDENTIAL DWELLINGS WITH INSUFFICIENT OFF-STREET
PARKING AND REGULATIONS REGARDING COMPLIANCE OF
NON-CONFORMING BUILDINGS AND STRUCTURES WITH
CURRENT MUNICIPAL CODE REQUIREMENTS.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
Section 1. Section 9121.7 of Article IX, Chapter 1, part
XXI of the Rosemead Municipal Code is hereby amended to read as
follows:
9121.7 Reconstruction of Damaged Non-Conforming Buildings.
A. Nothing in this Chapter shall prevent the reconstruction,
repairing or rebuilding and continued use of any
non-conforming building or structure partially damaged by
fire, collapse, explosion or acts of God subsequent to the
effective date of this Chapter, where in the cost of such
reconstruction does not exceed seventy-five percent (75%) of
the assessed value er of the building or structure at the
time such damage occurred as shown by the last equalized
assessment roll of Los Angeles County. All such
reconstruction shall be performed under one building permit,
started within a period one (1) year from date of damage and
diligently prosecuted to completion. The provisions of this
Section shall not apply to public utility buildings and
structures.
In the event such reconstruction cost would exceed
seventy-five percent (75%) of the assessed value, as shown
by said assessment roll, of the building or structure at the
time such damage occurred, no repairs or reconstruction
shall be made unless every portion of such building or
structure is made to conform to all the regulations for new
buildings or structures in the zone in which it is located.
However, existing non-conforming residential structures in
the R-1 and R-2 zones which structures are damaged or
destroyed by fire, collapse, explosion or acts of God, may
be repaired or reconstructed and such non-conforming
residential use may be continued, regardless of the cost of
such repairs or reconstruction; subject to the limitation
that such repairs or reconstruction shall not enlarge or
change the location of such non-conforming structures.
B. Permitted alterations and/or additions:
(2) Compliance with Laws. Such work shall be
chapter, other than zoning regulations; or
(1) Elimination of Nonconformity. Such work shall be
permitted in order to render the use, building or
structure in conformity with the provisions hereof; or
Ord. No.
page 2.
(b)
(c)
Section 2. Section 9122 of Article IX, Chapter 1, Part XXI,
of the Rosemead Municipal Code is hereby amended to read as follows:
9122. Automobile Parking Requirements.
For each main building, dwelling, multiple dwelling,
business, commercial, manufacturing or industrial
establishment or other strucure hereafter erected,
converted, reconstructed or enlarged, where-the-work-dene
te--the--strnetxre--#s--greater-then-$9-669-~+a~xat#en; except
as provided in Section 9121.7 (B) of this code, there shall
be provided and maintained off-street parking facilities to
accomodate the motor vehicles used by occupants, customers,
clientele and employees of such building or structure. The
aggregate amount of parking space for each type of use shall
not be less than that stated in this Part. Required parking
space or spaces shall be in addition to required driveways
and necessary or required turn areas.
Section 3. The City Clerk shall certify to the adoption of
this ordinance and cause the same to be processed according to State
law.
1994.
PASSED, APPROVED and ADOPTED THIS day of
MAYOR
ATTEST:
CITY CLERK
(a) No additional units shall be permitted; and,
(e) Such additions shall not violate Sections 9104.10
and 9104.11 of this code.