CC - PC - Item 2 - Zoning Ordinance Update WorkshopROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AND HONORABLE CHAIRMAN AND PLANNING COMMISSION
FROM: JEFF ALLRED, CITY MANAGER
DATE: NOVEMBER 9, 2010
SUBJECT: ZONING ORDINANCE UPDATE WORKSHOP
SUMMARY
As the City Council and Planning Commission are aware, since September 14, 2010 the
Community Development Department has been working with Civic Solutions, Inc. on the
City's comprehensive Zoning Ordinance update. The initial phase of the project consisted
of completing a comprehensive assessment of content and features within the City's
existing Zoning Ordinance and regulatory documents.
City Staff in collaboration with Civic Solutions, Inc. would like to conduct a joint workshop to
review the findings of the assessment and gain consensus through feedback from the
Council and Commission members on key issues to be addressed in the Zoning Ordinance
update. The following documents will be reviewed and discussed during the workshop:
Assessment Report
A comprehensive Assessment Report, which has been attached as Exhibit A, has been
prepared by Civic Solutions, Inc. The report focuses the technical issues with the existing
Zoning Ordinance, including the requirement for consistency with the City's adopted
General Plan, the draft Housing Element, and applicable State and Federal laws. Planning
Division staff collaborated with Civic Solutions, Inc. in the assessment process by compiling
a list of known Zoning Ordinance issues. The complete report identifies and recommends
additions and revisions necessary to create an Ordinance that fully supports the
achievement of the City's development goals and objectives.
Project Timeline
A project timeline for the Zoning Ordinance update has been attached as Exhibit B. The
following are key tasks and dates in the proposed schedule:
• Joint Workshop #1 for Assessment Report Review: November., 200_ NO. Z
APPROVED FOR CITY COUNCIL AGENDA:
Joint City Council and Planning Commission Meeting
November 9, 2010
Pace 2 of 2
• Joint Workshop #2 for Public Review of Draft Zoning Ordinance: February 2011
• Planning Commission Public Hearings: April and May 2011
• City Council Public Hearings: May and June 2011
PowerPoint Presentation
The attached presentation (Exhibit C) has been designed to facilitate discussion and gather
input during the workshop.
Prepared by: ubmitted by:
/ Sheri Bermejo SaAo
Principal Planner Community evelopment Director
Exhibit A:
Assessment Report
Exhibit B:
Project Timeline
Exhibit C:
PowerPoint Presentation
CIVIC
SOLUTIONS
ROSEMEAD ZONING ORDINANCE UPDATE
ASSESSMENT REPORT NOVEMBER 1, 2010
INTRODUCTION
This assessment focuses primarily on technical issues with the existing Zoning Ordinance (ZO)
including the requirement for consistency with the City's adopted General Plan, the draft Housing
Element, and applicable state and federal law. It is intended to provide a baseline for identifying and
recommending additions and /or revisions deemed necessary to create a ZO document that will fully
support the achievement of the City's development objectives.
APPROACH
Our approach to the ZO update process is based on the following objectives:
1. Create consistency with General Plan direction as expressed through the General Plan
implementation measures;
2. Create better internal consistency within the ZO;
3. Make the ZO user - friendly and business - friendly;
4. Update terms and requirements to better address contemporary patterns of development and
community development issues
5. Create clear approval authority and approval procedures to streamline the project approval
process.
6. Solicit input from the City Council and Planning Commission on community development
issues and objectives, and concerns with the existing ZO; and
7. Ensure the ZO has the requisite tools and procedures to address identified community
development issues and objectives.
Our approach to this initial assessment is based on the following:
1. Working closely with City staff to identify needed code revisions based on their day to day use
of the code;
2. Undertake a careful review of the existing ZO to identify both structural and content issues;
3. Undertake a careful review of the adopted General Plan and draft Housing Element to identify
consistency requirements;
4. Review pertinent state and federal law affecting municipal zoning and development
regulations; and
5. Identify preliminary recommendations for ZO revisions and /or additions.
ASSESSMENT FINDINGS
Overview of Current Zoning Code
There are a number of substantive issues with both the structure and content of the existing ZO. The
following summarizes the consultant team's findings of key issues with the Code, followed by a more
detailed identification of issues.
The ease of finding information needs to be improved. The current organization of the sections
appears to be simply a sequential list with subjects mixed together rather than grouped in a
logical order. Development regulations on some subjects also require looking at more than
one place in the document to find all pertinent information relating to a subject.
EXHIBIT A
2. Some provisions that are necessary to create a full range of development regulation are
currently missing from the Code. These include things required by law such as density bonus
provisions, and things such as environmental review procedures that better explain all
possible steps a project might have to go through.
3. There is a need to incorporate provisions that address patterns of contemporary planning and
design. Some terms and requirements are somewhat outdated and other terms and
requirements that focus on current design trends are missing.
4. There is a lack of graphics and tabular data that summarize regulations and design objectives
in a visual format that makes information more understandable for the layperson.
5. There is a lack of a clear design review /site plan review process to ensure that community
design objectives and code requirements are being met.
6. There is a lack of clear project approval authority and procedures for the various approvals
provided for in the ZO.
Detailed Review of Current Zoning Code
The following summary identifies areas within each major section of the ZO that the consultant team,
along with staff input, believe need revisions and /or information added.
General Provisions
• Lacking statement of state law authority and clear relation to General Plan and requirement
for GP consistency.
• Lacking statement of applicability of zoning provisions, what does it cover?
• Needs definition of interpretation of provisions and who has authority.
• Definitions require many new additions and refinement of existing definitions
Zoning Districts
• Update list of established districts to be consistent with the GP.
• Revise discussion of zoning of annexed property to state it will be consistent with General
Plan.
• Create list of districts in order of restrictiveness.
• General Requirements section needs to be greatly reduced and many provisions there
need to be relocated in the document based on a more user - friendly format. Examples
include:
• Move non - conforming provisions to separate section.
• Move wall screening to separate section.
• Move garage sales and recycling to separate sections.
• Revise variable height provisions to make more flexible and easier to understand,
and provide graphic to demonstrate.
• Remove provisions for streets and conveyance to Subdivision ordinance.
• Base Districts & Regulations - Residential
• Provide a table summary of uses defining permitted by right, permitted by CUP,
permitted as accessory use, etc.
• Provide a table summary of development standards covering lot size, setbacks,
height, etc.
• Create a formal "site plan review" process and "design review" process in the
Administration section.
• Establish an informal "development review committee" and define roles and
responsibilities.
• Review permitted densities /area - per -unit standard, minimum lot size and height
standards to ensure consistency with General Plan density provisions.
Assessment Report -2- Civic Solutions, Inc.
• Base Districts & Regulations — Commercial & Industrial
✓ Eliminate R -3 as permitted use in the Professional Office zone.
✓ Provide a table summary of uses defining permitted by right, permitted by CUP,
permitted as accessory use, etc.
• Provide a table summary of development standards covering lot size, setbacks,
height, etc.
• Revise "precise plan of design" process to be consistent with the new "site
plan /design review" process.
• Create new Mixed -Use Industrial /Commercial district.
• Incorporate FAR standards per the General Plan in commercial and industrial zones.
• Additional Districts
• Review purpose and application of P Parking Zone.
• Need a defined review process for the D -O Overlay area which should be tied to the
new "site plan /design review" process.
• P -D zone needs statement of purpose requiring a higher level of design requirement
in return for flexibility in the standards.
• P -D zone needs statement requiring consistency with General Plan on uses and
densities depending on location.
• P -D zone needs better explanation of "concept plan "/"precise plan" process.
• Parking Requirements
• Expand uses and their parking requirements
• Create more detailed design standards including graphics
• Need table summary of parking requirements by use.
• Provide for parking demand analysis, shared parking, and off -site parking.
• Variances
✓ Identify necessary findings required by law for approval.
• Conditional Use Permits
• Place uses requiring CUP approval within each zone district
• Create clear process requirements and findings for approval.
• Administration
• Create clear summary of process and approving authority for each type of approval
required in the Code.
• Create table of approving authority.
• Create an "administrative approval" process to streamline the development review
process for certain more ministerial approvals with Community Development Director
authority.
• Add environmental review procedures.
• Establish a formal "site plan /design review" process.
• Additional or Special Regulations and provisions
• Add a dedicated section for accessory structure design.
• Add a dedicated section for fence, wall and landscape screen design.
• Add a "density bonus provisions" section and procedure for approval.
• Add a dedicated section for water efficiency /landscape /xeriscape design.
• Add a dedicated section for "home occupations" provisions.
Review of General Plan and GP Implementation Measures
The following General Plan Implementation Measures are pertinent to the ZO update and must be
addressed in the ZO to provide consistency. Notation preceding each implementation measure
denotes the GP Element and implementation number.
LU 2.3 Prepare design guidelines and development standards for the area along Valley Blvd.
between Walnut Grove and Rosemead Blvd.
Assessment Report -3- Civic Solutions, Inc.
LU 3.2 Require a 6 foot block wall and landscape buffer between residential and commercial or
industrial uses.
LU 3.7 Apply design standards to industrial and commercial uses throughout the city.
LU 5.3 Promote art in public places and require private development to share in funding.
LU 5.4 Incorporate transit -ready design features and provision for bicycles in new development.
LU 5.5 Ensure that buildings in new development exceed Title 24 energy conservation
requirements.
LU 5.7 Encourage the use of shade producing trees to minimize heat island effects of
development.
LU 5.13 Adopt a "green building program' of green building practices and materials.
LU 5.18 Require renovation of existing buildings to achieve a higher level of water efficiency than
when they were constructed.
RM 2.4 Consider adopting a tree protection and replacement ordinance for larger trees of a
threshold diameter.
RM 2.6 Develop a City plant palette and require a minimum of 40% new landscape materials to be
low -water natives or xeriscape.
RM 2.7 Establish property development standards for percent of landscape required, landscaping
materials and maintenance.
RM 4.4 Develop pedestrian and bike path design standards that buffer users from vehicular
movements.
PS 2.5 Prohibit uses that produce or transport hazardous wastes from locating adjacent to
residential uses.
Some of these measures are already addressed to some extent in the current code and may require
some revision. The following summarizes the new requirements that should be incorporated into the
Code to achieve consistency with the General Plan:
1. Apply design standards to commercial and industrial uses throughout the City.
2. Incorporate transit -ready design features into design standards for new development.
3. Require new buildings to exceed Title 24 energy conservation requirements.
4. Adopt "green building" guidelines /standards.
5. Develop tree protection /replacement requirements for mature /specimen trees
6. Develop landscape requirements incorporating a minimum of 40% of plant materials to be
low -water natives or xeriscape.
7. Develop pedestrian and bike path design standards that buffer users from vehicles.
In addition to the implementation measures, the General Plan densities for Medium Density
Residential and High Density Residential will require revision to minimum lot size and minimum area
per unit in the R -2 and R -3 zones, and revision to maximum height in the R -3 zone to be consistent.
Assessment Report -4- Civic Solutions, Inc.
Review of Draft Housinq Element and HCD Housinq Related Requirements
The City's Draft Housing Element recognizes that the ZO currently has no zone districts where
emergency shelters and transitional and supportive housing is permitted. The state requires, through
the Housing Element certification process, that this type of "special needs" housing must be provided
for. Single -room Occupancy Units (SROs) can also provide a form of housing to meet affordable
housing needs. This type of housing is often provided in hotels and motels.
Based on the state housing requirements, the ZO must identify a zone or zones where these types of
housing are permitted. In the case of SROs, the zones where hotels and motels are permitted may
need to include some explicit language identifying SROs.
Both Federal and state fair housing laws prohibit discrimination in housing against individuals with
disabilities. As a result, local governments must make "reasonable accommodations" in their land use
and zoning regulations for housing people with disabilities, to provide them with equal opportunity to
use and enjoy a dwelling. This can mean relaxing some development standards, such as parking, to
accommodate the disability. Many cities are adopting "reasonable accommodation" procedures in
their zoning ordinances to provide a process to make such accommodations.
State law also provides a formula for density bonus for projects that provide affordable housing and /or
seniors housing. These provisions need to be incorporated into the ZO.
Review of Other Laws Affectinq Zoning Requirements
State law generally pre -empts local regulation of child care facilities and group homes that serve six
or fewer children or persons, and requires such facilities to be regulated in the same manner as
single - family residences for zoning purposes. As such the ZO needs to explicitly provide for these
uses in its residential districts. Child care and group home facilities that serve seven or more are
subject to more restriction as can be provided through a CUP or similar process or restriction to
certain zones.
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Based on the review and analysis of the existing ZO document, the General Plan, the Draft Housing
Element, and pertinent state and federal laws, the consultant team makes the following key
recommendations regarding the ZO update:.
1. Reorganize the ordinance format into logical groups. Create new groups for Special Uses
& Structure regulations and for Special Regulations & Guidelines. Create a table of
contents based on the new groupings with sub - sections and page numbering. This will
greatly help the user - friendliness of the document.
2. Incorporate graphics and tables whenever possible to summarize information for easy
access and to provide visual explanations of design requirements. Tables can summarize
permitted uses and development standards in simple, easy to understand formats.
3. Incorporate new information and tools to provide a full range of regulations to address
contemporary development issues. This will include such things as expanding the
definitions section, creating provisions such as density bonus, and establishing a more
comprehensive design view process.
4. Create a formal site plan review /design review process to provide a comprehensive
project review tool.
5. Clarify project approval authority and create a clear project approval procedure for each
type of application. This is both user and business friendly by clearly laying out the steps a
project must go through.
Assessment Report -5- Civic Solutions, Inc.
6. Create an administrative review and approval process for ministerial actions for approval
by the Community Development Director. This creates a faster, business - friendly and
simpler process for certain types of approvals and will be both user and business friendly.
7. Incorporate provisions to create consistency with all General Plan implementation
direction, and with General Plan development density and intensity provisions.
8. Incorporate provisions to explicitly address Housing Element recommendations for special
needs housing, State density bonus requirements, and 'reasonable accommodation' for
individuals with disabilities.
9. Incorporate provisions to address State legal requirements for child day care and group
home facilities.
Assessment Report -6- Civic Solutions, Inc.
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