CC - Item 3A - Municipal Code Amendment 12-01, Adding Regulations Pertaining to the Licensing and Operation of Home Occupations In the City of RosemeadROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: DECEMBER 11, 2012
SUBJECT: MUNICIPAL CODE AMENDMENT 12 -01, AMENDING THE ROSEMEAD
MUNICIPAL CODE TO ADD REGULATIONS PERTAINING TO THE
LICENSING AND OPERATION OF HOME OCCUPATIONS IN THE CITY
OF ROSEMEAD
SUMMARY
Municipal Code Amendment 12 -01 consists of City of Rosemead initiated amendments
to revise Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the
Rosemead Municipal Code. The purpose of the amendments is to allow home
occupations as an incidental, accessory use in the R -1 (Single - Family Residential), R -2
(Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO
(Residential /Commercial Mixed Use Development Overlay) zoning districts. The
regulations and procedures set forth in Municipal Code Amendment 12 -01 are intended
to ensure that home occupations are compatible with the character of City of
Rosemead's residential neighborhoods. The proposed Ordinance No. 925 (Attachment
A) addresses licensing /permitting provisions, operating standards, and zoning
limitations to ensure that home occupations will not disrupt, become a nuisance, disturb,
or modify the character of the residential areas within the City of Rosemead.
This item was presented to the Planning Commission for consideration on November
19, 2012. At that hearing the Planning Commission reviewed the proposed home
occupation regulations, as well as a letter of public comment that was submitted by Mr.
Brian Lewin, a Rosemead resident. In response to public comment and testimony, the
Planning Commission added language to Section 5.41.100.E of the Ordinance to clarify
that testing, maintenance, repair, towing and storage of any boat, aircraft, or motorized
vehicle is prohibited as a home occupation. With this revision, the Planning
Commission adopted Resolution No. 12 -20, recommending that the City Council
ADOPT Ordinance No. 925. The Planning Commission report, Resolution No. 12 -20,
and letter of public comment are attached as Attachments B, C, and D respectively.
Staff Recommendation
It is recommended that the City Council take the following actions:
M'EM NO.
City Council Report
December 11, 2012
Page 2 of 6
1. Conduct a public hearing and take public testimony;
2. Adopt the Negative Declaration (Attachment E) as the CEQA determination
for the project;
3. Adopt Resolution No. 2012 -70 (Attachment F), establishing business license
fees for Home Occupation Businesses; and
4. Introduce for First Reading, by title only, Ordinance No. 925 (Attachment A) to
regulate home occupation businesses and to bring back Ordinance No. 925
to the City Council meeting of January 8, 2013, for consideration of adoption.
BACKGROUND
The existing Rosemead Municipal Code (RMC) does not currently contain provisions for
home occupations. A home occupation is typically defined as a business activity that
results in a product or service for financial gain and is conducted wholly or in part in the
dwelling unit or garage and is clearly an accessory or incidental use and subordinate to
the residential use of the dwelling unit. The most common home occupations are office
uses for businesses such as accountants, internet sales, certain types of contractors,
and other similar operations where the primary means of contact are by phone, mail,
and internet.
There has been a trend for cities to allow home occupations in residential zoning
districts, as they can provide numerous benefits for both home workers and the
community. Cities do not generally experience that the residential business activities
affect the surrounding neighborhood when they are conducted in accordance with
appropriate licensing and operation regulations.
Home occupations have the potential to provide useful services for communities. They
encourage business growth by eliminating the need for some small businesses to rent
commercial space, a factor which could make a difference if someone is just starting
out. Working at home can save commuting and child care costs, and can give those
who might not be able to work outside of the home an opportunity to earn a living (i.e.
single - parents, elderly, disabled, etc.).
Allowing people to work in their homes can cut down on traffic congestion and the need
for parking in commercial areas. It also creates activity in residential neighborhoods that
might otherwise be deserted during the day, which can be a deterrent to crime and a
benefit to children who may be home alone after school.
Municipal Code Amendment 12 -01 has been drafted to allow home occupations in
residential zoning districts in the City of Rosemead. The code amendment proposes a
licensing procedure, as well as operation regulations, to assure that home occupations
do not disrupt, become a nuisance, disturb, or modify the residential character of the
City's established residential neighborhoods.
City Council Report
December 11, 2012
Page 3 of 6
ANALYSIS
The approval of Municipal Code Amendment 12 -01 would allow home occupations as
an incidental, accessory use in the R -1 (Single - Family Residential), R -2 (Light Multiple
Residential), R -3 (Medium Multiple Residential), and RC -MUDO
(Residential /Commercial Mixed Use Development Overlay) zoning districts. The
regulations and procedures set forth in Municipal Code Amendment 12 -01 are intended
to insure that the residential commercial activities do not degrade the existing visual
character or quality of life within the residential areas.
Proposed Regulations - Overview
Municipal Code Amendment 12 -01 would restrict a home occupation to a business
activity that is conducted only within the enclosed area of the dwelling that shall be
clearly incidental to the residential use of the structure. The business may be located in
a garage, provided all off - street parking requirements for the applicable zoning district
are met.
The code amendment also establishes an administrative permitting process. The
approval of a Home Occupation Business License shall be obtained from the City of
Rosemead Community Development Department prior to establishing a home
occupation. General requirements have been drafted to restrict outdoor display,
storage of materials or equipment, pedestrian and vehicular traffic, property
appearance, and nuisances.
Lastly, the amendment proposes a business license revocation process if the
requirements of the ordinance are not satisfied. If there is any criminal activity
associated with the residence, if the application contains incorrect, false or misleading
information, or if the home occupation has been operated in violation of any
requirements of the license, the license will be subject to the revocation process.
Summary of Performance Standards
Below is a summary of the proposed home occupation performance standards.
1. A home occupation will be required to remain subordinate to the residential
use of the dwelling as a way to limit the activity's impact on the neighborhood.
To accomplish this goal, no more than two hundred (200) square feet of the
residence shall be employed for the use of the home occupation.
Furthermore, any employees associated with the home occupation will be
required to be full -time residents of the dwelling.
2. To protect the appearance of existing residential neighborhoods, the
ordinance will prohibit outdoor display, sales, or storage of materials or
equipment related to the home occupation on the premises. Furthermore, the
property will not be allowed to be altered (by the use of color, materials,
construction, lighting, signs, sounds noises, vibrations, display of equipment,
etc.) so that it may be reasonably recognized as serving a non - residential
use.
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December 11, 2012
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3. To ensure that traffic (vehicular and pedestrian) levels in the residential areas
are not altered, the code amendment sets limitations on vehicles used in
conjunction with the home occupation. Required residential off- street parking
shall be maintained. Motor vehicles used or kept on the premises will not be
allowed, except residents' passenger vehicles, and one commercially
licensed automobile, pick -up truck, or van. Furthermore, the commercial
vehicle shall not exceed %ton.
4. Several performance standards have been added to prevent nuisances. A
home occupation activity shall not create dust, electrical interference, fumes,
gas, odor, smoke, glare, light, noise, vibration, toxic /hazardous materials,
liquid or solid waste or other hazards or nuisances other than that normally
incidental to residential use of the structure. Home occupations shall not
create any other negative effect that may be felt, heard, or otherwise sensed
on adjoining parcels.
5. To protect the safety of the general welfare of the residents in the surrounding
area, the code will prohibit electrical and mechanical equipment that creates
visible or audible interference in television or radio receivers or causes
fluctuations in line voltage outside of the dwelling unit. Activities conducted
and equipment or materials used will not be allowed to change the fire safety
or occupancy classifications of the premises. The use shall also not employ
the storage of flammable, explosive, or hazardous materials.
Home Occupation Business License Requirement
The ordinance establishes a licensing requirement for the owners of a home occupation
business. No person may establish or operate a home occupation business within the
City without first obtaining, and continuing to maintain in full force and effect, a home
occupation business license. The license must be renewed on an annual basis,
provided that the owner and the business continue to meet all applicable requirements
of the proposed ordinance. A one -step application process requires the business owner
to submit an application to the Community Development Department that contains
general contact information, information on the type and location of the business, as
well as property owner approval if the business owner is a renter. Each applicant will
also be required to sign a declaration on the application acknowledging their
understanding and indicating their intention to comply with the operation requirements.
Home Occupation Business License Fees
The proposed Home Occupation ordinances includes a home occupation business
license process that is not currently included in the City's Business License Fee
Resolution (Resolution 2012 -31) adopted on May 8, 2012. It is recommended that the
City Council adopt a revised fee resolution (Attachment F) to create new Home
Occupation Business License fees. Staff completed a survey of the cities that surround
the City of Rosemead in order to determine an appropriate fee. Staff found that the
surrounding cities on average charge higher fees than what the City of Rosemead
charges for a Professional Business License. For this reason, staff is proposing to
City Council Report
December 11, 2012
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place home occupation businesses on a substantially similar basis as it treats other
professional occupation business owners in nonresidential zones. Therefore, a first -
time application fee of $100.00 and an annual renewal fee of $50.00 are proposed.
MUNICIPAL CODE REQUIREMENTS
Chapter 17.116 of the Rosemead Municipal Code sets forth the procedures and
requirements for zone changes and amendments. A municipal code amendment may
be permitted whenever the public necessity, convenience, general welfare or good
zoning practice justifies such action.
Municipal Code Amendment 12 -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.
Municipal Code Amendment 12 -01 is consistent with the Rosemead General Plan Land
Use Goals and Policies. Since a home occupation would be an incidental, accessory
use to the primary use of residential property, the approval of home occupation
regulations would not alter the purpose or intent of the residential land use categories in
the City. The adoption of a unified set of regulatory standards for home occupations is
consistent with Land Use Goal 5 to target land use changes that improve housing and
economic opportunities for residents and businesses and achieve fiscal and
environmental objectives.
The public necessity, convenience, and general welfare will be served by the adoption
of the home occupation regulations that provide for a ministerial licensing process that
requires the residential business activity to comply with standards that restrict use,
location, employees, vehicles, traffic, appearance, storage, and nuisances.
ENVIRONMENTAL DETERMINATION
An Initial Study of Environmental Impacts was prepared recommending the adoption of
a Negative Declaration of Environmental Impacts in accordance with the California
Environmental Quality Act (CEQA) guidelines (the Initial Study and Negative
Declaration are attached to this report as Attachment E). The Initial Study is an
environmental analysis of the proposed municipal code amendment to determine if the
proposed revisions to the municipal code will have potentially significant effects on the
environment. This study found that there are no potentially significant environmental
impacts that could occur with the adoption of the proposed code amendment.
A Notice of Intent to Adopt a Negative Declaration was distributed for a 20 -day public
review and comment period between October 29, 2012 and November 19, 2012. If the
Council is inclined to approve this project, the Council must make findings of adequacy
with the environmental assessment and adopt the Negative Declaration.
City Council Report
December 11, 2012
Page 6 of 6
PUBLIC NOTICE PROCESS
Pursuant to California Government Code Section 65091, this public hearing notice has
been published in at least one newspaper of general circulation within the local agency,
as the number of owners of real property within three hundred (300) feet of the project
site is greater than one thousand (1,000). Lastly, this notice was also posted in six (6)
public locations, specifying the availability of the application, plus the date, time and
location of the public hearing.
LEGAL REVIEW
The attached Ordinance No. 925 and Resolution No. 2012 -70 have been reviewed and
approved by the City Attorney.
Submitted by:
U C. &o
Michelle Ramirez
Community Development Director
Attachment A:
Ordinance No. 925
Attachment B:
Planning Commission Staff Report (November 19, 2012)
Attachment C:
Planning Commission Resolution No. 12 -20
Attachment D:
Letter of Public Comment
Attachment E:
Negative Declaration
Attachment F:
City Council Resolution No. 2012 -70
ATTACHMENT A
ORDINANCE NO. 925
AN ORDINANCE OF THE CITY OF ROSEMEAD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, APPROVING MUNICIPAL CODE
AMENDMENT 12 -01, ADDING NEW CHAPTER 5.41 TO THE
ROSEMEAD MUNICIPAL CODE PERTAINING TO THE LICENSING
AND REGULATION OF HOME OCCUPATIONS; AND AMENDING
CHAPTERS 17.16, 17.20, 17.24, AND 17.74 OF THE ROSEMEAD
MUNICIPAL CODE PERTAINING TO THE ZONING REQUIREMENTS
FOR HOME OCCUPATIONS.
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 City of Rosemead Municipal Code to allow home occupations in
the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium
Multiple Residential), and RC -MUDO (Residential /Commercial Mixed Use Development
Overlay) zones upon the approval of a Home Occupation Business License.
A. The City Council of the City of Rosemead wishes to expand business
opportunities for residents who desire to conduct home occupation activities from their
residence in a manner in which is compatible with residential neighborhoods; and
B. The City Council finds that permitting home occupations that are incidental
and subordinate to the use of the property as a residence is of benefit to the City
because it will help the local economy by enabling residents to establish home
occupations, and will decrease the need of residents to commute to jobs outside the
City; and
C. The City Council finds that it is necessary and appropriate to provide
uniform and comprehensive procedures for the regulation of home occupations to
protect and preserve the quality and character of the residential areas in the City, and
the quality of life through effective land use planning; and
D. It is the purpose and intent of this Ordinance to establish restrictions,
conditions, and regulations for home occupations to assure that the residential
commercial activities will not disrupt, become a nuisance, disturb, or modify the
residential character of the neighborhoods; and
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 12 -01.
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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 12 -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 4. The City Council FINDS AND DETERMINES that it is
necessary and appropriate to provide a uniform and comprehensive set of regulations
for the establishment of home occupations in residential zoning districts. The
regulations are intended to provide appropriate oversight for commercial activities taking
place in residential zones. The regulations are designed to ensure that residential
commercial business activity will not disrupt, become a nuisance, disturb, or modify the
character of the residential areas within the City of Rosemead.
SECTION 5. The City Council FURTHER FINDS AND DETERMINES that
Municipal Code Amendment 12 -01 is consistent with the Rosemead General Plan as
follows:
Municipal Code Amendment 12 -01 is consistent with the Rosemead General
Plan Land Use Goals and Policies. Since a home occupation would be an incidental,
accessory use to the primary use of residential property, the approval of home
occupation regulations would not alter the purpose or intent of the residential land use
categories in the City. The adoption of a unified set of regulatory standards for home
occupations is consistent with Land Use Goal 5 to target land use changes that improve
housing and economic opportunities for residents and businesses and achieve fiscal
and environmental objectives.
The public necessity, convenience, and general welfare will be served by the
adoption of the home occupation regulations that provides for a ministerial licensing
process that requires the residential business activity to comply with standards that
restrict use, location, employees, vehicles, traffic, appearance, storage, and nuisances.
NOW, THEREFORE the City Council of the City of Rosemead, County of Los
Angeles, State of California, does hereby find, determine and ordain as follows:
SECTION 6. Code Amendment. Chapter 5.41 (Home Occupations) shall
be added to Title 5 of the Rosemead Municipal Code to read as follows:
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Chapter 5.41 HOME OCCUPATIONS
SECTIONS:
5.41.010
Purpose and intent.
5.41.020
License required.
5.41.030
License renewal.
5.41.040
License is nontransferable.
5.41.050
Application submittal.
5.41.060
Process and procedure.
5.41.070
Review authority.
5.41.080
Accessory use.
5.41.090
General requirements.
5.41.100
Prohibited uses.
5.41.110
License revocation.
5.41.120
Appeals.
5.41.130
Reapplication after revocation.
5.41.140
Violations.
5.41.010 Purpose and intent.
These regulations are provided so that certain incidental and accessory uses may be
established in residential neighborhoods as home occupations under conditions that will
ensure their compatibility with the neighborhood.
5.41.020 License required.
A. No person may establish or operate a home occupation within the City without
first obtaining, and continuing to maintain in full force and effect, a Home
Occupation Business License. The issuance of a Home Occupation Business
License shall satisfy the requirement of this code that every applicable business
obtain a business license.
B. Every Home Occupation Business License is subject to the requirements of this
chapter, and the regulations of the zoning district in which the business is
located.
C. A request for a Home Occupation Business License must be accompanied by a
Home Occupation Business License Application, completed in full detail with the
required current information set forth in Section 5.41.050.
D. A Home Occupation Business License is valid for a period of one (1) year from
the date of issuance.
E. If a Home Occupation Business License is not renewed, the Home Occupation
Business License shall become null and void.
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5.41.030 License renewal.
A. A Home Occupation Business License must be renewed on an annual basis,
provided that the owner and the business continues to meet all applicable
requirements set forth in this chapter.
B. A request for license renewal must be accompanied by an updated Home
Occupation Business License application, completed in full detail with current
information.
C. The application and appropriate fee must be received by the City at least 30
calendar days prior to the expiration of the existing license.
D. The City will process a request for a license renewal in the same manner as the
original application.
5.41.040 License is nontransferable.
A Home Occupation Business License shall not be transferable.
5.41.050 Application submittals.
A. Application. Any person desiring to obtain a Home Occupation Business License
must submit an application to the Community Development Director or his /her
designee on the form provided by the City. The application must contain the
following information and the following items:
1. Home Address
2. Applicant Name
3. Business Name (DBA)
4. Type and Description of Business.
5. Telephone Numbers (Home, Office, and Mobile)
6. Property Owner Name
7. Property Owner Address
8. Property Owner Telephone Numbers (Home and Mobile)
9. Size of Home in Square Feet
10. Size of Area to be used for Home Occupation in Square Feet
11. Site Plan and Floor Plan showing location of business
12. Location of this Area (Home or Garage)
13. Emergency Contact Information (Name and Phone Number)
14. Proof of Residence (grant deed, property tax bill, or picture identification)
15. A renter or lessee shall provide the lease contract, signed owner's
approval on the Home Occupation Business License Application, and a
copy of his /her tax bill or grant deed
16. A renter or lessee shall provide picture identification
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17. Every business owner shall sign a declaration on the application
acknowledging their understanding and indicating their intention to comply
with the operation requirements of this chapter
B. Application fee. A fee, as established by Council resolution, shall be paid upon
filing of such application.
5.41.060 Process and procedure
A. Investigation. Following the submission of a completed application form, as well
as all documents, materials, and fee required under Section 5.41.050, the
Community Development Director, or his /her designee, will promptly undertake a
review and evaluation of the applicant's proposal for the purpose of verifying the
proposal's compliance with the requirements and conditions of this Chapter, as
well as its consistency with zoning requirements of Title 17 of the Rosemead
Municipal Code and the City's General Plan. Within fourteen (14) days after the
filing of the application, the Community Development Director, or his /her
designee, shall issue the license or a written statement shall be sent by certified
mail to the applicant, setting forth the reasons for denial of the license.
B. Approval. The Community Development Director, or his /her designee, shall issue
the license if he or she makes all of the following findings:
1. That the proposed home occupation is consistent with the zoning
requirements of Title 17 and the City's General Plan;
2. That the proposed home occupation is consistent with the home occupation
requirements and conditions of this Chapter and all other applicable Municipal
Codes;
3. That no substantial evidence has been received which would indicate that the
information contained in the application and supporting data is not true; and
4. That the applicant has agreed in writing to abide by and comply with all the
conditions of the license and applicable laws.
C. Denial. An application for a Home Occupation Business License shall be denied
for any of the following reasons:
1. The application is incomplete and does not contain the required information,
documents, materials, and fee required under Section 5.41.050;
2. An applicant has made one or more material misstatements in the application;
3. That the home occupation business, if licensed, will not comply with all
applicable laws including, but not limited to, requirements and operation
conditions of this Chapter, zoning requirements of Title 17, and all other
applicable municipal codes; or
4. An applicant has had a license revoked for cause by the City within two (2)
years of the application date;
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5.41.070 Review authority.
The Community Development Director, or his /her designee, may only issue a Home
Occupation Business License that would be operated in full compliance with this
chapter and the zoning requirements of Title 17 of the Rosemead Municipal Code.
5.41.080 Accessory use.
Home occupations consistent with the requirements of this chapter are permitted as an
accessory use to a residential use in compliance with residential permitted uses
contained in Chapter 17.16 R -1 Single - Family Residential Regulations, Chapter 17.20
R -2 Light Multiple Residential Regulations, Chapter 17.24 R -3 Medium Multiple
Residential Regulations, and Chapter 17.74 RC -MUDO Residential /Commercial Mixed
Use Development Overlay Regulations.
5.41.090 General requirements.
The establishment and conduct of home occupations shall comply with the following
requirements:
A. All home occupations shall be conducted only within the enclosed area of the
dwelling and shall be clearly incidental to the residential use of the structure. The
business may be located in a garage, provided all off - street parking for the
applicable zoning district is met.
B. There shall be no outdoor display, sales or storage of materials or equipment
related to the home occupation on the premises.
C. There shall be no exterior evidence of the conduct of a home occupation.
D. The principal character or use of the dwelling within which the home occupation
is conducted shall in no way be altered (by the use of color, materials,
construction, lighting, signs, sounds, noises, vibrations, display of equipment,
etc.) so that it may be reasonably recognized as serving a non - residential use.
E. No motor or mechanical equipment shall be permitted other than that normally
incidental to the residential use of the structure, including but not limited to power
tools, wood and metal working equipment, auto repair tools and equipment and
any other tools or equipment that require a compressor, electrical power or which
cause a substantial emanation of noise.
F. Home occupations may not generate pedestrian or vehicular traffic beyond that
considered normal within the surrounding neighborhood.
G. No storage of materials and /or supplies, indoors or outdoors, shall be permitted
that will be hazardous to surrounding neighbors or detrimental to the residential
character of the neighborhood.
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H. No more than two hundred (200) square feet of the residence shall be employed
for the use of the home occupation.
I. Electrical or mechanical equipment that creates visible or audible interference in
television or radio receivers or causes fluctuations in line voltage outside of the
dwelling unit shall be prohibited.
J. No home occupation activity shall create dust, electrical interference, fumes, gas,
odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or
solid waste or other hazards or nuisances other than that normally incidental to
residential use of the structure. Home occupations shall not create any other
negative effect that may be felt, heard, or otherwise sensed on adjoining parcels,
as determined by the Community Development Director.
K. Activities conducted and equipment or materials used shall not change the fire
safety or occupancy classifications of the premises. The use shall not employ the
storage of flammable, explosive, or hazardous materials.
L. Required residential off - street parking shall be maintained.
M. There shall be no motor vehicles used or kept on the premises, except residents'
passenger vehicles, and one (1) commercially licensed automobile, pick -up truck,
or van. Furthermore, the commercial vehicle shall not exceed % ton.
N. Any employees associated with the home occupation must be full -time residents
of the dwelling. Proof of residency will be required at any time upon request by
the City.
O. Examples of acceptable home occupations, provided they do not violate any of
the provisions of this Chapter include, but are not limited to:
1. Professional office for an architect, accountant, realtor, or sales
representative.
2. Consulting businesses (provided all work is picked up and delivered to the
client by resident).
3. Artist or author (provided all work is picked up and delivered to the client by
resident).
4. Businesses such as home crafts are allowed if the home crafts are sold off -
site (i.e. retail store, etc.).
5.41.100 Prohibited uses.
The following list presents examples of commercial uses that are not incidental to or
compatible with residential activities, are suitable only in nonresidential zoning districts,
and are therefore prohibited as home occupations:
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• Wholesale and retail sales (e.g. automobiles, merchandise, herb and /or
pharmaceuticals, guns and /or ammunition, etc.);
• Dating services;
• Adult businesses;
• Fortunetelling, palm reading, psychics, and similar activities;
• Massage services;
• Hair, nail, facial, and similar personal care;
• Medical and dental offices;
• Vehicle repair (body or mechanical), towing, or automobile detailing (e.g.,
washing, waxing, tinting, etc.) at the site of the home occupation;
• Plumbing, machine, or sheet metal works;
• Carpentry shops;
• Contractor storage yard;
• Testing, maintenance, repair, towing or storage of any boat, aircraft, or motorized
vehicle;
• Laundering of clothes or other articles; and
• Animal kennels or breeding.
5.41.110 License revocation.
A. Grounds for Revocation. The Community Development Director may revoke a
Home Occupation Business License when:
1. Any of the applicable requirements of this chapter ceases to be satisfied; or
2. There is any criminal activity associated with the residence.
3. The application is discovered to contain incorrect, false or misleading
information; or
4. The home occupation has been operated in violation of any of the
requirements of this chapter and:
a) If the violation is of a continuous nature, the business continues to be
operated in violation of such provision for more than 15 days following the
date written notice of such violation is mailed or delivered to the operator;
or
b) If the violation is of a non - continuous nature, one or more additional
violations of the same provision, or two (2) or more violations of any other
of the provisions, of this chapter occur within any 12 -month period.
B. Notice of Revocation.
1. Upon determining that grounds for license revocation exist, a formal written
notice of the proposed revocation will be provided to the owner.
2. Such notice must summarize the principal reasons for the proposed
revocation, and state that the revocation will become effective on the 20th
day after the notice was deposited in the U.S. mail, unless the owner files an
appeal under Section 5.41.120.
M
3. The notice must be delivered both by posting the notice at the location of the
home occupation business, and by sending the same, by certified mail, to the
owner as that name and address appears on the license.
5.41.120 Appeals.
A. Any interested person may appeal a decision of the Community Development
Director regarding the denial or revocation of a Home Occupation Business
License by filing a complete notice of appeal with the City Clerk within ten (10)
days from the date notice of such decision is mailed. To be deemed complete,
the appeal must:
1. Be in writing and state the grounds for disagreement with the Community
Development Director's stated decision;
2. Include the address to which notice is to be mailed;
3. Be signed under penalty of perjury; and
4. Be accompanied by the filing fee established by City Council resolution.
B. If an appeal is timely filed, the City Manager, or his /her designee, will hear the
appeal and the City Clerk will cause to be set a date for the hearing of the appeal
not more than 30 days from the date the appeal is received.
1. The hearing will be a de novo hearing on the action which is the subject of the
appealed.
2. At the hearing, the appellant will have the right to offer testimonial,
documentary and tangible evidence bearing upon the issues.
3. The City Manager, or his /her designee, will not be bound by the formal rules
of evidence.
4. Any hearing under this Section may be continued for a reasonable time for
the convenience of a party or a witness.
C. The City Manager, or his /her designee, will issue written findings and a decision
within 15 days of the conclusion of the hearing, and send notice of the decision
by certified mail to the appellant. The notice of the decision must include
reference to the appellant's right to prompt judicial review under California Code
of Civil Procedures Section 1094.8.
D. The action by the hearing officer will be final unless timely judicial review is
sought pursuant to California Code of Civil Procedures Section 1094.8.
5.41.130 Reapplication after revocation.
No person may obtain a Home Occupation Business License for two (2) years from the
date any order of license revocation affecting such person has become final.
9
5.41.140 Violations.
A. Any owner of a home occupation business violating or permitting the violation of
any of the provisions of this chapter will be subject to any and all civil remedies,
including license or license revocation. The administrative citation process and
any and all remedies provided herein are cumulative and not exclusive.
B. In addition to the remedies set forth in division (A), any home occupation
business operating in violation of these provisions is hereby declared to
constitute a public nuisance and, as such, may be abated or enjoined from
further operation.
C. The regulations imposed under this chapter are part of a regulatory licensing
process, and any violation of this chapter does not constitute a criminal offense.
Notwithstanding any other provision of this code, the City does not impose a
criminal penalty for violations of this chapter related to expressive activities.
SECTION 7. Code Amendment. Title 17 (Zoning), Chapter 17.16
(Single - Family R -1 Regulations), Section 17.16.020 (Permitted Uses) of the Rosemead
Municipal Code is hereby amended as follows:
A. A one - family dwelling, subject to the lot designations and regulations contained in
Ch. 17.84
B. The accessory buildings necessary or incidental to such use located on the same
lot or parcel of land including a private garage, the capacity of which shall not
exceed three automobiles.
C. A home occupation that is incidental and subordinate to the primary residential
use of the property. All home occupations are subject to the regulations,
conditions and license requirements contained in Chapter 5.41 (Home
Occupations).
D. The noncommercial growing of nursery stock, field crops, tree, bush and berry
crops, and vegetable or flower gardening.
E. Household pets, not to exceed three animals, over four months of age, for each
dwelling unit. This provision shall not be construed to permit any animal capable
of inflicting harm or discomfort or endangering the health and safety of any
person or property.
F. Storage of building materials, used in the construction of a building or building
project, during the construction and thirty (30) days thereafter, including the
contractor's temporary office provided that any lot or parcel of land so used shall
be a part of the building project, or on property adjoining the construction site.
10
SECTION 8. Code Amendment. Title 17 (Zoning), Chapter 17.20 (Light
Multiple Residential R -2 Regulations), Section 17.20.020 (Permitted Uses) of the
Rosemead Municipal Code is hereby amended as follows:
A. Any use and development standard permitted in the R -1 zone including flag lot
developments.
B. A two- family dwelling or two one - family dwellings.
C. Accessory buildings as provided in the R -1 zone.
D. A home occupation that is incidental and subordinate to the primary residential
use of the property. All home occupations are subject to the regulations,
conditions and license requirements contained in Chapter 5.41 (Home
Occupations).
SECTION 9. Code Amendment. Title 17 (Zoning), Chapter 17.24
(Medium Multiple Residential R -3 Regulations), Section 17.24.020 (Permitted Uses) of
the Rosemead Municipal Code is hereby amended as follows:
A. Single -story second residential units in accordance with Chapter 17.30 of this
code;
B. Multiple - family dwellings and apartment houses;
C. The renting of not more than four rooms to not more than four roomers, or the
providing of table board to not more than four boarders, or both, in residence,
provided that not less than one automobile parking space shall be provided for
every room rented;
D. The accessory buildings necessary or incidental to such use located on the same
lot or parcel of land.
E. A home occupation that is incidental and subordinate to the primary residential
use of the property. All home occupations are subject to the regulations,
conditions and license requirements contained in Chapter 5.41 (Home
Occupations).
SECTION 10. Code Amendment. Title 17 (Zoning), Chapter 17.74
(Residential /Commercial Mixed Use Development Overlay), Section 17.74.040
(Permitted Uses) of the Rosemead Municipal Code is hereby amended as follows:
A. The following uses are permitted in a residential /commercial mixed -use
development: retail stores and businesses, provided there is no manufacturing,
processing or treatment of products other than what is clearly incidental to the
retail business conducted on the premises, and not more than twenty (20)
percent of the floor area of the building shall be used in the manufacturing,
11
processing or treatment of products, and that such operations or products are not
objectionable due to noise, odor, dust smoke, vibration or other similar causes;
Art studios;
ATM facilities subject to the requirements of Section 17.74.050(A);
Bakery products shops;
Banks, savings and loan associations, and financial institutions, excluding check
cashing or other pay day loan services;
Barber shops, beauty shops and manicure parlors;
Book stores;
Clothing and shoe stores;
Confectionery retail shops;
Department and variety stores;
Drug stores and pharmacies;
Dry cleaning stores, drop -off and pick -up only;
Electric appliance stores and repairs;
Employment agencies;
Fabric and yardage stores;
Florist shops;
Food stores, bakery shops, delicatessens and markets;
Furniture stores, limited to new furniture, except that used furniture taken in trade
may be sold provided used furniture sales do not exceed twenty -five (25) percent
of the gross floor area or twenty -five (25) percent of total retail floor area,
whichever is less;
Grocery, fruit and vegetable stores;
Hardware stores;
Health centers, and similar personal service establishments, with massage as an
incidental use and occupying no more than twenty -five (25) percent of the floor
area;
Hobby shops;
Interior decorating shops;
Jewelry stores;
Music stores;
Paint stores;
Pet supply stores;
Photo -copy, printing or desktop facilities;
Photographic studio, supply shop, or film pick -up and drop -off point;
Radio and television stores and repair;
Restaurants, take -out and other eating establishments;
Retail sales of automotive parts without installation and no outside storage;
Self- service laundries subject to the requirements of Section 17.74.050(E);
Shoe stores or shoe repair shops;
Tailor, clothing or wearing apparel shops; and
Travel agencies.
B. The following professional and business office uses are permitted in a
residential /commercial mixed -use development:
Accountant;
12
Acupuncturist and acupressure, without massage or retail sales;
Advertising agency;
Architect;
Attorney;
Auditor;
Bookkeeping service;
Business consultant;
Chiropodist;
Chiropractor;
Dental office;
Engineer;
Governmental buildings and offices;
Insurance agency;
Optician;
Optometrist;
Ophthalmologist;
Osteopath;
Physician;
Psychiatrist;
Real estate broker;
Secretarial service;
X -ray technician; and
Similar professional business uses may be permitted subject to the approval of
the Planning Division.
C. Notwithstanding the provisions of Section 17.112.020, the following uses shall be
the only uses for which a conditional uses permit may be applied for and granted
in a residential /commercial mixed -use development:
Antique stores;
Any commercial use that operates after midnight;
Any eating establishment with outdoor seating;
Any establishment having an off -sale license for alcoholic beverages;
Any establishment having an on -sale license for alcoholic beverages;
Arcades;
Conservatories of music;
Convenience markets subject to the requirements of Section 17.74.050(B);
Libraries and museums; and
Music and vocal instructions.
D. Except as provided in Sections 17.74.040(A), 17.74.040(B) and 17.74.040(C), all
commercial uses and nonresidential uses are strictly prohibited in
residential /commercial mixed -use developments.
E. Residential units shall be permitted in a residential /commercial mixed -use
development per the following:
1. Densities shall be consistent with the General Plan.
13
F. Location of Uses.
1. Retail /commercial uses shall be permitted on the ground floor or second floor
in a residential /commercial mixed -use development.
2. Retail /commercial uses shall not be permitted above any professional and
business office uses or residential uses.
3. Professional and business office uses shall be permitted above the
commercial component of a street frontage building, behind the commercial
component on the first floor or on second floor or above with same use street
frontage but below any residential uses in a residential /commercial mixed -use
development.
4. Residential uses shall be located either above the commercial and /or office
components of a street frontage building or located behind the commercial or
office component on any floor where there is a distinct separation of uses and
access, provided pedestrian connections are furnished as part of a unified
development theme.
5. A home occupation that is incidental and subordinate to the primary
residential use of the property. All home occupations are subject to the
regulations, conditions and license requirements contained in Chapter 5.41
(Home Occupations).
SECTION 11. 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. 925 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 12. EFFECTIVE DATE. This ordinance shall take effect thirty
(30) days after its adoption.
SECTION 13. 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 14. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED, and ADOPTED this day of 2012.
[Signatures are on the Next Page]
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Sandra Armenta, Mayor
City of Rosemead, California
ATTEST:
Gloria, Molleda, City Clerk
City of Rosemead, California:
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
15
ATTACHMENT B
ROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: NOVEMBER 19, 2012
SUBJECT: MUNICIPAL CODE AMENDMENT 12 -01, AMENDING THE ROSEMEAD
MUNICIPAL CODE TO ADD REGULATIONS PERTAINING TO THE
LICENSING AND OPERATION OF HOME OCCUPATIONS IN THE CITY
OF ROSEMEAD
SUMMARY
Municipal Code Amendment 12 -01 consists of City of Rosemead initiated amendments
to revise Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the
Rosemead Municipal Code. The purpose of the amendments is to allow home
occupations as an incidental, accessory use in the R -1 (Single - Family Residential), R -2
(Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO
(Residential /Commercial Mixed Use Development Overlay) zoning districts. The
regulations and procedures set forth in Municipal Code Amendment 12 -01 are intended
to ensure that home occupations are compatible with the character of the City of
Rosemead's residential neighborhoods. The regulations are designed to ensure that
approved home occupations will not disrupt, become a nuisance, disturb, or modify the
character of the residential areas within the City of Rosemead.
ENVIRONMENTAL DETERMINATION
An Initial Study of Environmental Impacts was prepared recommending the adoption of
a Negative Declaration of Environmental Impacts in accordance with the California
Environmental Quality Act (CEQA) guidelines (the Initial Study and Negative
Declaration are attached to this report as Exhibit A). The Initial Study is an
environmental analysis of the proposed municipal code amendment to determine if the
proposed revisions to the municipal code will have potentially significant effects on the
environment. This study found that there are no potentially significant environmental
impacts that could occur with the adoption of the proposed code amendment.
A Notice of Intent to Adopt a Negative Declaration was distributed for a 20 -day public
review and comment period from October 29, 2012 to November 19, 2012. If the
Council is inclined to approve this project, the Council must make findings of adequacy
with the environmental assessment and adopt the Negative Declaration.
Planning Commission Meeting
November 19, 2012
Page 2 of 5
STAFF RECOMMENDATION
It is recommended that that the Planning Commission ADOPT Planning Commission
Resolution No. 12 -20 (Exhibit B), a resolution recommending that the City Council
ADOPT Ordinance No. 925 (Exhibit C) adding Chapter 5.41 to the Rosemead Municipal
Code pertaining to the licensing and regulation of home occupations and amending
Chapters 17.16, 17.20, 17.24, and 17.74 of the Rosemead Municipal Code pertaining to
the zoning requirements for home occupations.
BACKGROUND
The existing Rosemead Municipal Code (RMC) does not currently contain provisions for
home occupations. A home occupation is typically defined as a business activity that
results in a product or service for financial gain and is conducted whole or in part in the
dwelling unit or garage, and is clearly an accessory or incidental use and subordinate to
the residential use of the dwelling unit. The most common home occupations are office
uses for businesses such as accountants, internet sales, certain types of contractors,
and other similar operations where the primary means of contact are by phone, mail,
and internet.
There has been a trend for cities to allow home occupations in residential zoning
districts, as they can provide numerous benefits for both home workers and the
community. Cities do not generally experience that the residential business activities
affect the surrounding neighborhood when they are conducted in accordance with
appropriate licensing and operation regulations.
Home occupations have the potential to provide useful services for communities. They
encourage business growth by eliminating the need for some small businesses to rent
commercial space, a factor which could make a difference if someone is just starting
out. Working at home can save commuting and child care costs, and can give those
who might not be able to work outside of the home an opportunity to earn a living (i.e.
single - parents, elderly, disabled, etc.).
Allowing people to work in their homes can cut down on traffic congestion and the need
for parking in commercial areas. It also creates activity in residential neighborhoods
that might otherwise be deserted during the day, which can be a deterrent to crime and
a benefit to children who may be home alone after school.
Municipal Code Amendment 12 -01 has been drafted to allow home occupations in
residential zoning districts in the City of Rosemead. The code amendment proposes a
licensing procedure, as well as operation regulations, to assure that home occupations
do not disrupt, become a nuisance, disturb, or modify the residential character of the
City's established residential neighborhoods.
Planning Commission Meeting
November 19, 2012
Page 3 of 5
ANALYSIS
The approval of Municipal Code Amendment 12 -01 would allow home occupations as
an incidental accessory use in the R -1 (Single - Family Residential), R -2 (Light Multiple
Residential), R -3 (Medium Multiple Residential), and RC -MUDO
(Residential /Commercial Mixed Use Development Overlay) zoning districts. The
regulations and procedures set forth in Municipal Code Amendment 12 -01 are intended
to assure that the residential commercial activities do not degrade the existing visual
character or quality of life within the residential areas.
Proposed Regulations - Overview
Municipal Code Amendment 12 -01 would restrict a home occupation to a business
activity that is conducted only within the enclosed area of the dwelling that shall be
clearly incidental to the residential use of the structure. The business may be located in
a garage, provided all off - street parking requirements for the applicable zoning district
are met.
The code amendment also establishes an administrative permitting process. The
approval of a Home Occupation Business License shall be obtained from the City of
Rosemead Community Development Department prior to establishing a home
occupation. General requirements have been drafted to restrict outdoor display,
storage of materials or equipment, pedestrian and vehicular traffic, property
appearance, and nuisances.
Lastly, the amendment proposes a business license revocation process if the
requirements of the ordinance are not satisfied. If there is any criminal activity
associated with the residence or if the home occupation has been operated in violation
of any requirements of the license, the license will be subject to the revocation process.
Summary of General Requirements
Below is a summary the proposed home occupation general requirements.
1. A home occupation will be required to remain subordinate to the residential
use of the dwelling as a way to limit the activity's impact on the neighborhood.
To accomplish this goal, no more than two hundred (200) square feet shall be
employed for the use of the home occupation. Furthermore, any employees
associated with the home occupation will be required to be full -time residents
of the dwelling.
2. To protect the appearance of existing residential neighborhoods, the
ordinance prohibits outdoor display, sales, or storage of materials or
equipment related to the home occupation on the premises. Furthermore, the
property will not be allowed to be altered (by the use of color, materials,
construction, lighting, signs, sounds noises, vibrations, display of equipment,
etc.) so that it may be reasonably recognized as serving a non - residential
use.
Planning Commission Meeting
November 19, 2012
Paae 4 of 5
3. To ensure that traffic (vehicular and pedestrian) levels in the residential areas
are not altered, the code amendment sets limitations on vehicles used in
conjunction with the home occupation. Required residential off - street parking
shall be maintained. There shall be no motor vehicles used or kept on the
premises, except residents' passenger vehicles, and one (1) commercially
licensed automobile, pick -up truck, or van. Furthermore, the commercial
vehicle shall not exceed % ton.
4. Several performance standards have been added to prevent nuisances. A
home occupation activity shall not create dust, electrical interference, fumes,
gas, odor, smoke, glare, light, noise, vibration, toxic /hazardous materials,
liquid or solid waste, or other hazards or nuisances other than that normally
incidental to residential use of the structure. Home occupations shall not
create any other negative effect that may be felt, heard, or otherwise sensed
on adjoining parcels.
5. To protect the safety of the general welfare of the residents in the surrounding
area, the code will prohibit electrical and mechanical equipment that creates
visible or audible interference in television or radio receivers or causes
fluctuations in line voltage outside of the dwelling unit. Activities conducted
and equipment or materials used will not be allowed to change the fire safety
or occupancy classifications of the premises. The use shall also not employ
the storage of flammable, explosive, or hazardous materials.
Home Occupation Business License Requirement
This ordinance establishes a licensing requirement for the owners of a home occupation
business. No person may establish or operate a home occupation business within the
City without first obtaining, and continuing to maintain in full force and effect, a home
occupation business license. The license must be renewed on an annual basis,
provided that the owner and the business continue to meet all applicable requirements
of the proposed ordinance. A one -step application process requires the business owner
to submit an application to the Community Development Department that contains
general contact information, information on the type and location of the business, as
well as property owner approval if the business owner is a renter. Each applicant will
also be required to sign a declaration on the application acknowledging their
understanding and indicating their intention to comply with the operation requirements.
Home Occupation Business License Fees
Staff will be recommending that the City Council adopt a revised fee resolution to create
new Home Occupation Business License fees. Staff completed a fee survey of the
cities that surround the City of Rosemead in order to determine an appropriate fee.
Staff found that the surrounding cities on average charge higher fees than what the City
of Rosemead charges for a Professional Business License. For this reason, staff is
proposing to place home occupation businesses on a substantially similar basis as it
treats other professional occupation business owners in nonresidential zones.
Therefore, a first -time application fee of $100.00 and an annual renewal fee of $50.00
will be proposed.
Planning Commission Meeting
November 19, 2012
Pape 5 of 5
MUNICIPAL CODE REQUIREMENTS
Chapter 17.116 of the Rosemead Municipal Code sets forth the procedures and
requirements for zone changes and amendments. A municipal code amendment may
be permitted whenever the public necessity, convenience, general welfare, or good
zoning practice justifies such action.
Municipal Code Amendment 12 -01 is in the best interest of the public necessity and
general welfare. 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.
Municipal Code Amendment 12 -01 is consistent with the Rosemead General Plan Land
Use Goals and Policies. Since a home occupation would be an incidental, accessory
use to the primary use of residential property, the approval of home occupation
regulations would not alter the purpose or intent of the residential land use categories in
the City. The adoption of a unified set of regulatory standards for home occupations is
consistent with Land Use Goal 5 to target land use changes that improve housing and
economic opportunities for residents and businesses, and achieve fiscal and
environmental objectives.
The public necessity, convenience, and general welfare will be served by the adoption
of the home occupation regulations that provide for a ministerial licensing process
requiring the residential business activity to comply with standards that restrict use,
location, employees, vehicles, traffic, appearance, storage, and nuisances.
PUBLIC NOTICE PROCESS
Pursuant to California Government Code Section 65091, this public hearing notice has
been published in at least one newspaper of general circulation within the local agency,
as the number of owners of real property within 300 feet of the project site is greater
than 1,000. Lastly, this notice was also posted in six (6) public locations, specifying the
availability of the application, plus the date, time, and location of the public hearing.
Submitted by:
Michelle Ramirez
Community Development Director
Exhibits:
A. Initial Study and Negative Declaration
B. Planning Commission Resolution No. 12 -20
C. Draft Ordinance No. 925
ATTACHMENT C
PC RESOLUTION 12 -20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING THAT THE CITY COUNCIL APPROVE A NEGATIVE
DECLARATION AND ADOPT MUNICIPAL CODE AMENDMENT 12 -01
ADDING NEW CHAPTER 5.41 TO THE ROSEMEAD MUNICIPAL CODE
PERTAINING TO THE LICENSING AND REGULATION OF HOME
OCCUPATIONS; AND AMENDING CHAPTERS 17.16, 17.20, 17.24, AND
17.74 OF THE ROSEMEAD MUNICIPAL CODE PERTAINING TO THE
ZONING REQUIREMENTS FOR HOME OCCUPATIONS.
WHEREAS, the City of Rosemead has adopted the General Plan and Zoning
Ordinance, and map, including specific development standards to control development;
and
WHEREAS, Section 17.116.010 of the Rosemead Municipal Code authorize the
Planning Commission to consider and recommend proposed municipal code
amendments to the City Council; and
WHEREAS, Municipal Code Amendment 12 -01 is a City initiated amendment to
revise Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the
Rosemead Municipal Code for purpose of allowing home occupations as an incidental,
accessory use in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential),
R -3 (Medium Multiple Residential), and RC -MUDO (Residential /Commercial Mixed Use
Development Overlay) zoning districts. The regulations and procedures set forth in
Municipal Code Amendment 12 -01 are intended to ensure that home occupations are
compatible with the character of City of Rosemead's residential neighborhoods. The
regulations are designed to ensure that approved home occupations will not disrupt,
become a nuisance, disturb, or modify the character of the residential areas within the
City of Rosemead; and
WHEREAS, on October 29, 2012 notices were posted in six (6) public locations
and a notice was published in the Rosemead Reader 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 November 19, 2012, the Planning Commission held a duly
noticed and advertised public hearing to receive oral and written testimony relative to
Municipal Code Amendment 12 -01 (MCA 12 -01); and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
1
SECTION 1. The Planning Commission hereby makes a finding of adequacy
with the Negative Declaration and HEREBY RECOMMENDS that the City Council
adopts the Negative Declaration, as the environmental clearance for Municipal Code
Amendment 12 -01.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that Municipal Code Amendment 12 -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.
Municipal Code Amendment 12 -01 is consistent with the Rosemead General
Plan Land Use Goals and Policies. Since a home occupation would be an incidental,
accessory use to the primary use of residential property, the approval of home
occupation regulations would not alter the purpose or intent of the residential land use
categories in the City. The adoption of a unified set of regulatory standards for home
occupations is consistent with Land Use Goal 5 to target land use changes that improve
housing and economic opportunities for residents and businesses and achieve fiscal
and environmental objectives.
The public necessity, convenience, and general welfare will be served by the
adoption of the home occupation regulations that provides for a ministerial licensing
process that requires the residential business activity to comply with standards that
restrict use, location, employees, vehicles, traffic, appearance, storage, and nuisances.
SECTION 3. The Planning Commission FURTHER FINDS AND DETERMINES
that it is necessary and appropriate to provide a uniform and comprehensive set of
regulations for the establishment of home occupations in residential zoning districts.
The regulations are intended to provide appropriate oversight for commercial activities
taking place in residential zones. The regulations are designed to ensure that
residential commercial business activity will not disrupt, become a nuisance, disturb, or
modify the character of the residential areas within the City of Rosemead.
SECTION 4. The Planning Commission does HEREBY RECOMMEND that
Chapter 5.41 (Home Occupations) be added to Title 5 of the Rosemead Municipal Code
to read as follows:
Chapter 5.41 HOME OCCUPATIONS
SECTIONS:
5.41.010
Purpose and intent.
5.41.020
License required.
5.41.030
License renewal.
5.41.040
License is nontransferable.
5.41.050
Application submittal.
5.41.060
Process and procedure.
5.41.070
Review authority.
2
5.41.080
Accessory use.
5.41.090
General requirements.
5.41.100
Prohibited uses.
5.41.110
License revocation.
5.41.120
Appeals.
5.41.130
Reapplication after revocation.
5.41.140
Violations.
5.41.010 Purpose and intent.
These regulations are provided so that certain incidental and accessory uses may be
established in residential neighborhoods as home occupations under conditions that will
ensure their compatibility with the neighborhood.
5.41.020 License required.
A. No person may establish or operate a home occupation within the City without
first obtaining, and continuing to maintain in full force and effect, a Home
Occupation Business License. The issuance of a Home Occupation Business
License shall satisfy the requirement of this code that every applicable business
obtain a business license.
B. Every Home Occupation Business License is subject to the requirements of this
chapter, and the regulations of the zoning district in which the business is
located.
C. A request for a Home Occupation Business License must be accompanied by a
Home Occupation Business License Application, completed in full detail with the
required current information set forth in Section 5.41.050.
D. A Home Occupation Business License is valid for a period of one (1) year from
the date of issuance.
E. If a Home Occupation Business License is not renewed, the Home Occupation
Business License shall become null and void.
5.41.030 License renewal.
A. A Home Occupation Business License must be renewed on an annual basis,
provided that the owner and the business continues to meet all applicable
requirements set forth in this chapter.
B. A request for license renewal must be accompanied by an updated Home
Occupation Business License application, completed in full detail with current
information.
C. The application and appropriate fee must be received by the City at least 30
calendar days prior to the expiration of the existing license.
91
D. The City will process a request for a license renewal in the same manner as the
original application.
5.41.040 License is nontransferable.
A Home Occupation Business License shall not be transferable.
5.41.050 Application submittals.
A. Application. Any person desiring to obtain a Home Occupation Business License
must submit an application to the Community Development Director or his /her
designee on the form provided by the City. The application must contain the
following information and the following items:
1. Home Address
2. Applicant Name
3. Business Name (DBA)
4. Type and Description of Business.
5. Telephone Numbers (Home, Office, and Mobile)
6. Property Owner Name
7. Property Owner Address
8. Property Owner Telephone Numbers (Home and Mobile)
9. Size of Home in Square Feet
10. Size of Area to be used for Home Occupation in Square Feet
11. Site Plan and Floor Plan showing location of business
12. Location of this Area (Home or Garage)
13. Emergency Contact Information (Name and Phone Number)
14. Proof of Residence (grant deed, property tax bill, or picture identification)
15. A renter or lessee shall provide the lease contract, signed owner's
approval on the Home Occupation Business License Application, and a
copy of his /her tax bill or grant deed
16. A renter or lessee shall provide picture identification
17. Every business owner shall sign a declaration on the application
acknowledging their understanding and indicating their intention to comply
with the operation requirements of this chapter
B. Application fee. A fee, as established by Council resolution, shall be paid upon
filing of such application.
5.41.060 Process and procedure
A. Investigation. Following the submission of a completed application form, as well
as all documents, materials, and fee required under Section 5.41.050, the
Community Development Director, or his /her designee, will promptly undertake a
review and evaluation of the applicant's proposal for the purpose of verifying the
proposal's compliance with the requirements and conditions of this Chapter, as
well as its consistency with zoning requirements of Title 17 of the Rosemead
Municipal Code and the City's General Plan. Within fourteen (14) days after the
4
filing of the application, the Community Development Director, or his /her
designee, shall issue the license or a written statement shall be sent by certified
mail to the applicant, setting forth the reasons for denial of the license.
B. Approval. The Community Development Director, or his /her designee, shall issue
the license if he or she makes all of the following findings:
1. That the proposed home occupation is consistent with the zoning
requirements of Title 17 and the City's General Plan;
2. That the proposed home occupation is consistent with the home occupation
requirements and conditions of this Chapter and all other applicable Municipal
Codes;
3. That no substantial evidence has been received which would indicate that the
information contained in the application and supporting data is not true; and
4. That the applicant has agreed in writing to abide by and comply with all the
conditions of the license and applicable laws.
C. Denial. An application for a Home Occupation Business License shall be denied
for any of the following reasons:
1. The application is incomplete and does not contain the required information,
documents, materials, and fee required under Section 5.41.050;
2. An applicant has made one or more material misstatements in the application;
3. That the home occupation business, if licensed, will not comply with all
applicable laws including, but not limited to, requirements and operation
conditions of this Chapter, zoning requirements of Title 17, and all other
applicable municipal codes; or
4. An applicant has had a license revoked for cause by the City within two (2)
years of the application date;
5.41.070 Review authority.
The Community Development Director, or his /her designee, may only issue a Home
Occupation Business License that would be operated in full compliance with this
chapter and the zoning requirements of Title 17 of the Rosemead Municipal Code.
5.41.080 Accessory use.
Home occupations consistent with the requirements of this chapter are permitted as an
accessory use to a residential use in compliance with residential permitted uses
contained in Chapter 17.16 R -1 Single - Family Residential Regulations, Chapter 17.20
R -2 Light Multiple Residential Regulations, Chapter 17.24 R -3 Medium Multiple
Residential Regulations, and Chapter 17.74 RC -MUDO Residential /Commercial Mixed
Use Development Overlay Regulations.
5.41.090 General requirements.
The establishment and conduct of home occupations shall comply with the following
requirements:
or
A. All home occupations shall be conducted only within the enclosed area of the
dwelling and shall be clearly incidental to the residential use of the structure. The
business may be located in a garage, provided all off - street parking for the
applicable zoning district is met.
B. There shall be no outdoor display, sales or storage of materials or equipment
related to the home occupation on the premises.
C. There shall be no exterior evidence of the conduct of a home occupation.
D. The principal character or use of the dwelling within which the home occupation
is conducted shall in no way be altered (by the use of color, materials,
construction, lighting, signs, sounds, noises, vibrations, display of equipment,
etc.) so that it may be reasonably recognized as serving a non - residential use.
E. No motor or mechanical equipment shall be permitted other than that normally
incidental to the residential use of the structure, including but not limited to power
tools, wood and metal working equipment, auto repair tools and equipment and
any other tools or equipment that require a compressor, electrical power or which
cause a substantial emanation of noise.
F. Home occupations may not generate pedestrian or vehicular traffic beyond that
considered normal within the surrounding neighborhood.
G. No storage of materials and /or supplies, indoors or outdoors, shall be permitted
that will be hazardous to surrounding neighbors or detrimental to the residential
character of the neighborhood.
H. No more than two hundred (200) square feet of the residence shall be employed
for the use of the home occupation.
Electrical or mechanical equipment that creates visible or audible interference in
television or radio receivers or causes fluctuations in line voltage outside of the
dwelling unit shall be prohibited.
J. No home occupation activity shall create dust, electrical interference, fumes, gas,
odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or
solid waste or other hazards or nuisances other than that normally incidental to
residential use of the structure. Home occupations shall not create any other
negative effect that may be felt, heard, or otherwise sensed on adjoining parcels,
as determined by the Community Development Director.
K. Activities conducted and equipment or materials used shall not change the fire
safety or occupancy classifications of the premises. The use shall not employ the
storage of flammable, explosive, or hazardous materials.
L. Required residential off - street parking shall be maintained.
0
M. There shall be no motor vehicles used or kept on the premises, except residents'
passenger vehicles, and one (1) commercially licensed automobile, pick -up truck,
or van. Furthermore, the commercial vehicle shall not exceed % ton.
N. Any employees associated with the home occupation must be full -time residents
of the dwelling. Proof of residency will be required at any time upon request by
the City.
O. Examples of acceptable home occupations, provided they do not violate any of
the provisions of this Chapter include, but are not limited to:
1. Professional office for an architect, accountant, realtor, or sales
representative.
2. Consulting businesses (provided all work is picked up and delivered to the
client by resident).
3. Artist or author, provided all work is picked up and delivered to the client by
resident.
4. Businesses such as home crafts are allowed if the home crafts are sold off -
site (i.e. retail store, etc.).
5.41.100 Prohibited uses.
The following list presents examples of commercial uses that are not incidental to or
compatible with residential activities, are suitable only in nonresidential zoning districts,
and are therefore prohibited as home occupations:
• Wholesale and retail sales (e.g. automobiles, merchandise, herb and /or
pharmaceuticals, guns and /or ammunition, etc.);
• Dating services;
• Adult businesses;
• Fortunetelling, palm reading, psychics, and similar activities;
• Massage services;
• Hair, nail, facial, and similar personal care;
• Medical and dental offices;
• Vehicle repair (body or mechanical), towing or automobile detailing (e.g.,
washing, waxing, tinting, etc.) at the site of the home occupation;
• Plumbing, machine, or sheet metal works;
• Carpentry shops;
• Contractor storage yard;
• Testing, maintenance, repair, towing or storage of any boat, aircraft, or motorized
vehicle;
• Laundering of clothes or other articles; and
• Animal kennels or breeding.
5.41.110 License revocation.
A. Grounds for Revocation. The Community Development Director may revoke a
Home Occupation Business License when:
1. Any of the applicable requirements of this chapter ceases to be satisfied; or
7
2. There is any criminal activity associated with the residence.
3. The application is discovered to contain incorrect, false or misleading
information; or
4. The home occupation has been operated in violation of any of the
requirements of this chapter and:
a) If the violation is of a continuous nature, the business continues to be
operated in violation of such provision for more than 15 days following the
date written notice of such violation is mailed or delivered to the operator;
or
b) If the violation is of a non - continuous nature, one or more additional
violations of the same provision, or two (2) or more violations of any other
of the provisions, of this chapter occur within any 12 -month period.
B. Notice of Revocation.
1. Upon determining that grounds for license revocation exist, a formal written
notice of the proposed revocation will be provided to the owner.
2. Such notice must summarize the principal reasons for the proposed
revocation, and state that the revocation will become effective on the 20th
day after the notice was deposited in the U.S. mail, unless the owner files an
appeal under Section 5.41.120.
3. The notice must be delivered both by posting the notice at the location of the
home occupation business, and by sending the same, by certified mail, to the
owner as that name and address appears on the license.
5.41.120 Appeals.
A. Any interested person may appeal a decision of the Community Development
Director regarding the denial or revocation of a Home Occupation Business
License by filing a complete notice of appeal with the City Clerk within ten (10)
days from the date notice of such decision is mailed. To be deemed complete,
the appeal must:
1. Be in writing and state the grounds for disagreement with the Community
Development Director's stated decision;
2. Include the address to which notice is to be mailed;
3. Be signed under penalty of perjury; and
4. Be accompanied by the filing fee established by City Council resolution.
B. If an appeal is timely filed, the City Manager, or his /her designee, will hear the
appeal and the City Clerk will cause to be set a date for the hearing of the appeal
not more than 30 days from the date the appeal is received.
1. The hearing will be a de novo hearing on the action which is the subject of the
appealed.
2. At the hearing, the appellant will have the right to offer testimonial,
documentary and tangible evidence bearing upon the issues.
3. The City Manager, or his /her designee, will not be bound by the formal rules
of evidence.
0
4. Any hearing under this Section may be continued for a reasonable time for
the convenience of a party or a witness.
C. The City Manager, or his /her designee, will issue written findings and a decision
within 15 days of the conclusion of the hearing, and send notice of the decision
by certified mail to the appellant. The notice of the decision must include
reference to the appellant's right to prompt judicial review under California Code
of Civil Procedures Section 1094.8.
D. The action by the hearing officer will be final unless timely judicial review is
sought pursuant to California Code of Civil Procedures Section 1094.8.
5.41.130 Reapplication after revocation.
No person may obtain a Home Occupation Business License for two (2) years from the
date any order of license revocation affecting such person has become final.
5.41.140 Violations.
A. Any owner of a home occupation business violating or permitting the violation of
any of the provisions of this chapter will be subject to any and all civil remedies,
including license or license revocation. The administrative citation process and
any and all remedies provided herein are cumulative and not exclusive.
B. In addition to the remedies set forth in division (A), any home occupation
business operating in violation of these provisions is hereby declared to
constitute a public nuisance and, as such, may be abated or enjoined from
further operation.
C. The regulations imposed under this chapter are part of a regulatory licensing
process, and any violation of this chapter does not constitute a criminal offense.
Notwithstanding any other provision of this code, the City does not impose a
criminal penalty for violations of this chapter related to expressive activities.
SECTION 5. The Planning Commission does hereby recommend that Title 17
(Zoning), Chapter 17.16 (Single - Family R -1 Regulations), Section 17.16.020 (Permitted
Uses) of the Rosemead Municipal Code is hereby amended as follows:
A. A one - family dwelling, subject to the lot designations and regulations
contained in Ch. 17.84
B. The accessory buildings necessary or incidental to such use located on
the same lot or parcel of land including a private garage, the capacity of
which shall not exceed three automobiles.
C. A home occupation that is incidental and subordinate to the primary
residential use of the property. All home occupations are subject to the
regulations, conditions and license requirements contained in Chapter
5.41 (Home Occupations).
E
D. The noncommercial growing of nursery stock, field crops, tree, bush and
berry crops, and vegetable or flower gardening.
E. Household pets, not to exceed three animals, over four months of age, for
each dwelling unit. This provision shall not be construed to permit any
animal capable of inflicting harm or discomfort or endangering the health
and safety of any person or property.
F. Storage of building materials, used in the construction of a building or
building project, during the construction and thirty (30) days thereafter,
including the contractor's temporary office provided that any lot or parcel
of land so used shall be a part of the building project, or on property
adjoining the construction site.
SECTION 6. Title 17 (Zoning), Chapter 17.20 (Light Multiple Residential R -2
Regulations), Section 17.20.020 (Permitted Uses) of the Rosemead Municipal Code is
hereby amended as follows:
A. Any use and development standard permitted in the R -1 zone including
flag lot developments.
B. A two - family dwelling or two one - family dwellings.
C. Accessory buildings as provided in the R -1 zone.
D. A home occupation that is incidental and subordinate to the primary
residential use of the property. All home occupations are subject to the
regulations, conditions and license requirements contained in Chapter
5.41 (Home Occupations).
SECTION 7. The Planning Commission does hereby recommend that Title 17
(Zoning), Chapter 17.24 (Medium Multiple Residential R -3 Regulations), Section
17.24.020 (Permitted Uses) of the Rosemead Municipal Code is hereby amended as
follows:
A. Single -story second residential units in accordance with Chapter 17.30 of
this code;
B. Multiple - family dwellings and apartment houses;
C. The renting of not more than four rooms to not more than four roomers, or
the providing of table board to not more than four boarders, or both, in
residence, provided that not less than one automobile parking space shall
be provided for every room rented;
D. The accessory buildings necessary or incidental to such use located on
the same lot or parcel of land.
10
E. A home occupation that is incidental and subordinate to the primary
residential use of the property. All home occupations are subject to the
regulations, conditions and license requirements contained in Chapter 5.41
(Home Occupations).
SECTION 8. The Planning Commission does hereby recommend that Title 17
(Zoning), Chapter 17.74 (Residential /Commercial Mixed Use Development Overlay),
Section 17.74.040 (Permitted Uses) of the Rosemead Municipal Code is hereby
amended as follows:
A. The following uses are permitted in a residential /commercial mixed -use
development: retail stores and businesses, provided there is no
manufacturing, processing or treatment of products other than what is
clearly incidental to the retail business conducted on the premises, and
not more than twenty (20) percent of the floor area of the building shall be
used in the manufacturing, processing or treatment of products, and that
such operations or products are not objectionable due to noise, odor, dust
smoke, vibration or other similar causes;
Art studios;
ATM facilities subject to the requirements of Section 17.74.050(A);
Bakery products shops;
Banks, savings and loan associations, and financial institutions, excluding
check cashing or other pay day loan services;
Barber shops, beauty shops and manicure parlors;
Book stores;
Clothing and shoe stores;
Confectionery retail shops;
Department and variety stores;
Drug stores and pharmacies;
Dry cleaning stores, drop -off and pick -up only;
Electric appliance stores and repairs;
Employment agencies;
Fabric and yardage stores;
Florist shops;
Food stores, bakery shops, delicatessens and markets;
Furniture stores, limited to new furniture, except that used furniture taken
in trade may be sold provided used furniture sales do not exceed twenty -
five (25) percent of the gross floor area or twenty -five (25) percent of total
retail floor area, whichever is less;
Grocery, fruit and vegetable stores;
Hardware stores;
Health centers, and similar personal service establishments, with
massage as an incidental use and occupying no more than twenty -five
(25) percent of the floor area;
Hobby shops;
Interior decorating shops;
Jewelry stores;
Music stores;
Paint stores;
11
Pet supply stores;
Photo -copy, printing or desktop facilities;
Photographic studio, supply shop, or film pick -up and drop -off point;
Radio and television stores and repair;
Restaurants, take -out and other eating establishments;
Retail sales of automotive parts without installation and no outside
storage;
Self- service laundries subject to the requirements of Section 17.74.050(E);
Shoe stores or shoe repair shops;
Tailor, clothing or wearing apparel shops; and
Travel agencies.
B. The following professional and business office uses are permitted in a
residential /commercial mixed -use development:
Accountant;
Acupuncturist and acupressure, without massage or retail sales;
Advertising agency;
Architect;
Attorney;
Auditor;
Bookkeeping service;
Business consultant;
Chiropodist;
Chiropractor;
Dental office;
Engineer;
Governmental buildings and offices;
Insurance agency;
Optician;
Optometrist;
Ophthalmologist;
Osteopath;
Physician;
Psychiatrist;
Real estate broker;
Secretarial service;
X -ray technician; and
Similar professional business uses may be permitted subject to the
approval of the Planning Division.
C. Notwithstanding the provisions of Section 17.112.020, the following uses
shall be the only uses for which a conditional uses permit may be applied
for and granted in a residential /commercial mixed -use development:
Antique stores;
Any commercial use that operates after midnight;
Any eating establishment with outdoor seating;
Any establishment having an off -sale license for alcoholic beverages;
Any establishment having an on -sale license for alcoholic beverages;
Arcades;
12
Conservatories of music;
Convenience markets subject to the requirements of Section
17.74.050(B);
Libraries and museums; and
Music and vocal instructions.
D. Except as provided in Sections 17.74.040(A), 17.74.040(B) and
17.74.040(C), all commercial uses and nonresidential uses are strictly
prohibited in residential /commercial mixed -use developments.
E. Residential units shall be permitted in a residential /commercial mixed -use
development per the following:
1. Densities shall be consistent with the General Plan.
F. Location of Uses.
1. Retail /commercial uses shall be permitted on the ground floor or
second floor in a residential /commercial mixed -use development.
2. Retail /commercial uses shall not be permitted above any professional
and business office uses or residential uses.
3. Professional and business office uses shall be permitted above the
commercial component of a street frontage building, behind the
commercial component on the first floor or on second floor or above
with same use street frontage but below any residential uses in a
residential /commercial mixed -use development.
4. Residential uses shall be located either above the commercial and /or
office components of a street frontage building or located behind the
commercial or office component on any floor where there is a distinct
separation of uses and access, provided pedestrian connections are
furnished as part of a unified development theme.
5. A home occupation that is incidental and subordinate to the primary
residential use of the property. All home occupations are subject to the
regulations, conditions and license requirements contained in Chapter
5.41 (Home Occupations).
SECTION 9. The Planning Commission HEREBY RECOMMENDS TO THE
CITY COUNCIL APPROVAL of Municipal Code Amendment 12 -01, allowing home
occupations as an incidental, accessory use in the R -1 (Single - Family Residential), R -2
(Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO
(Residential /Commercial Mixed Use Development Overlay) zoning districts and
establishing regulations to ensure that home occupations are compatible with the
character of City of Rosemead's residential neighborhoods.
13
SECTION 10. This resolution is the result of an action taken by the Planning
Commission on November 19, 2012 by the following vote:
YES:
ENG, HERRERA, SACCARO, RUIZ
NO:
NONE
ABSTAIN:
NONE
ABSENT:
HUNTER
SECTION 11. 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 19 day of November, 2012.
Victor Ruiz, Chair
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 19 day of
November, 2012, by the following vote:
YES:
NO:
ABSTAIN:
ABSENT:
ENG, HERRERA, SACCARO, RUIZ
NONE
NONE
HUNTER
A "a.
Michelle Ramirez, Secreta
APPROVED AS TO FORM
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
14
ATTACHMENT D
Page 1 of 1
Michelle Ramirez
From:
Kevin Matchstick [kisenosato @gmail.com]
Sent:
Monday, November 19, 2012 1:14 AM
To:
Michelle Ramirez
Subject: tonight's Planning Commission meeting
Attachments: Home Business.pdf
Hi Michelle,
Sorry to bother you, but due to having a 710 - related meeting in Alhambra tonight at 7:00, I
cannot attend tonight's meeting. However, I did have some comments about the proposed home
business ordinance. I have written them up in the attached PDF. I would appreciate it if you
could please print it out and distribute it to the commissioners at the meeting for their
consideration.
Also, on a more personal note, I want to wish you and everyone in Planning and on the
Commission a very Happy Thanksgiving. You all do a lot of great work to make the City a
better place, and I really appreciate it.
Thanks, and have a great day.
Brian
"The source of my intention
Really isn't crime prevention
My intention is prevention
Of the lie." - Scatman John
11/27/2012
Dear Chair Ruiz and Commissioners,
I am sorry I am unable to attend tonight's meeting. I had hoped to comment in person on the
proposed home business ordinance, but have a conflict with a 710 Freeway environmental
study community meeting in Alhambra. Therefore, please see my comments below. I hope
you will find them useful as you consider this potential new ordinance.
5.41.090.M. - This may create a conflict with the City's planned commercial vehicle residential
parking permitting program, as well as an internal conflict with this code's prohibition against
signage (requirements C & D):
• If you are not allowing the home business' commercial vehicle to park on the street, it will be
difficult to explain why other businesses can buy permits to park their vehicles on the same
street, but the owner of the home business can't.
• Even if you issue permits to both, it will be difficult to explain why, say, Howards can park
their 1 -ton truck right in front of a residence with a home business that is barred from
parking its own 1 -ton truck in front of the house - or even having it on site - due to the weight
restrictions in the code.
• Presuming it meets the weight requirement, it seems odd to allow a vehicle plastered with all
of a home business' business information to park in front of said home, while prohibiting
even a lawn sign containing that same information from being placed in the front yard.
May I suggest that the Commission consider asking that Planning Staff work with Public
Safety to resolve any potential conflicts with the commercial vehicle permitting program or
perceptions of unfairness?
5.41.100 - I ask that you consider removing the current references to vehicles and boats, and
replace them with the following:
• Testing, maintenance, repair, towing or storage of any boat, aircraft or motorized vehicle;
• Washing, waxing, detailing or accessorizing of any motorized vehicle, including but not
limited to tinting, stereo installation or body modification.
Food service is mentioned nowhere on here. Considering that Environmental Impact item
#17 (on page 26) notes that the sewers in the south are "likely operating at or near capacity,"
while those in the north are "unknown," it seems an odd omission. I hope you will consider
the various types of food service opportunities and their potential water uses and sewer
impacts - including FOG (fats, oil and grease) - so as to reduce the likelihood of sanitary
sewer overflows in residential areas.
Thank you for your time and consideration.
Sincerely,
Brian Lewin
ATTACHMENT E
ENVIRONMENTAL CHECKLIST FORM
CITY OF ROSEMEAD
PLANNING DIVISION
8838 E. VALLEY BLVD.
ROSEMEAD, CALIFORNIA 91770
1. Project title:
2. Lead agency name and address:
3. Contact person and phone number:
4. Project location:
5. Project sponsor's name and address:
Municipal Code Amendment 12 -01
City of Rosemead
8838 East Valley Blvd.
Rosemead. CA 91770
Michelle Ramirez, CD Director
(626) 569 -2158
City -Wide
City of Rosemead
County of Los Angeles
City of Rosemead
8838 East Valley Blvd.
Rosemead, CA 91770
6. General plan designation: Low Density Residential,
Medium Density Residential,
High Density Residential,
Mixed -Use: Residential /Commercial (25 -30 du/ac), and
Mixed -Use: Residential /Commercial (40- 60duiac),
7. Zoning: R -1 (Single - Family Residential)
R -2 (Light Multiple Residential)
R -3 (Medium Multiple Residential)
RC -MUDO (Residential /Commercial Mixed Use Development Overlay)
8. Description of project. (Describe the whole action involved, including but not
limited to later phases of the project, and any secondary, support, or off -site
features necessary for its implementation. Attach additional sheets if necessary.)
Municipal Code Amendment 12 -01 consists of City of Rosemead initiated amendments
to revise Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the
Rosemead Municipal Code to allow home occupations as an incidental, accessory use
in residential zoning districts and to establish appropriate regulations. Approval of
Municipal Code Amendment 12 -01 would allow home occupations in the R -1 (Single -
Family Residential), R -2 (Light Multiple Residential), R -3 (Medium Multiple Residential),
and RC -MUDO (Residential /Commercial Mixed Use Development Overlay) zones. The
regulations and procedures set forth in Municipal Code Amendment 12 -01 are intended
to ensure that home occupations are compatible with the character of City of
Rosemead's residential neighborhoods. The regulations are designed to ensure that
residential commercial business activity will not disrupt, become a nuisance, disturb, or
modify the character of the residential areas within the City of Rosemead.
Municipal Code Amendment 12 -01 restricts a home occupation to a business activity
that is conducted only within the enclosed area of the dwelling that shall be clearly
incidental to the residential use of the structure. The business may be located in a
garage, provided all off - street parking requirements for the applicable zoning district are
met. The most common home occupations are office uses for businesses such as
accountants, internet sales, certain types of contractors and other similar operations
where the primary means of contact are by phone, mail, internet or other similar means.
Municipal Code Amendment 12 -01 establishes an administrative permitting process.
The approval of a Home Occupation Business License shall be obtained from the City of
Rosemead Community Development Department prior to establishing a home
occupation. General requirements are outlined to restrict outdoor display, storage of
materials or equipment, pedestrian and vehicular traffic, appearance, and nuisances.
Lastly, the amendment proposes a business license revocation process, if the
requirements of the ordinance are not satisfied. If there is any criminal activity
associated with the residence, if the application contains incorrect, false or misleading
information, or if the home occupation has been operated in violation of any
requirements of the license, the license will be subject to the revocation process.
Q
Surrounding land uses and setting. (Briefly describe the project's surroundings.)
The City of Rosemead is an urban suburb located in the San Gabriel Valley, 10 miles
east of the City of Los Angeles. It is bounded on the north by the cities of Temple City
and San Gabriel, on the west by Monterey Park and the unincorporated Los Angeles
County community of South San Gabriel, on the south by Montebello, plus by El Monte
and South El Monte on the east. The City is 5.5 square miles or 2,344 acres in size.
Rosemead is home to a resident population of approximately 54,172 people.
Approval of Municipal Code Amendment 12 -01 would allow home occupations in the R -1
(Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium Multiple
Residential), and RC -MUDO (Residential /Commercial Mixed Use Development Overlay)
zoning districts.
10. Other Agencies whose approval is required (e.g., permits, financing approval, or
participation agreement).
Approval by other agencies is not required as part of this project.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving
at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the
following pages.
❑ Aesthetics
L1 Resources
Resources
❑ Air Quality
❑ Biological Resources ❑ Cultural Resources ❑ Geology /Soils
❑ Greenhouse Gas ❑ Hazards & Hazardous [I HydrologyMater Quality
Emissions Materials
❑ Land Use /Planning
❑ Population /Housing
❑ Mineral Resources
❑ Public Services
❑ Noise
❑ Recreation
❑ Transportation/Traffic
DETERMINATION
El Systems
Systems
On the basis of this initial evaluation:
El Significance
Findings of
Significance
Q I find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
❑ I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have been
made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION
will be prepared.
❑ 1 find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
❑ 1 find that the proposed project may have a "potentially significant impact' or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)
has been addressed by mitigation measures based on the earlier analysis as described on
attached sheets. An ENVIRONMENTAL MPACT REPORT is required, but it must analyze
only the effects that remain to be addressed.
❑ 1 find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier
EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been
avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including
revision or mitigation measures that are imposed upon the proposed project, nothing further
is required. //11
h lo��g�la
Signature Date
Michelle G. Ramirez, Community Development Director
Printed Name
EVALUATION OF ENVIRONMENTAL IMPACTS
A brief explanation is required for all answers except "No Impact' answers that are
adequately supported by the information sources a lead agency cites in the parentheses
following each question. A "No Impact' answer is adequately supported if the referenced
information sources show that the impact simply does not apply to projects like the one
involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should
be explained where it is based on project- specific factors as well as general standards (e.g.,
the project will not expose sensitive receptors to pollutants, based on a project- specific
screening analysis).
2. All answers must take account of the whole action involved, including off -site as well as on-
site, cumulative as well as project - level, indirect as well as direct, and construction as well
as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the
checklist answers must indicate whether the impact is potentially significant, less than
significant with mitigation, or less than significant. "Potentially Significant Impact' is
appropriate if there is substantial evidence that an effect may be significant. If there are one
or more "Potentially Significant Impact' entries when the determination is made, an EIR is
required.
4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where
the incorporation of mitigation measures has reduced an effect from "Potentially Significant
Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation
measures, and briefly explain how they reduce the effect to a less than significant level
(mitigation from Section XVII, "Earlier Analyses', may be cross - referenced).
Earlier analysis may be used where, pursuant to the tiering, program EIR, or other California
Environmental Quality Act (CEQA) process, an effect has been adequately analyzed in an
earlier EIR or negative declaration. Section 15063 (c) (3) (D). Earlier analyses are
discussed in Section 17 at the end of the checklist.
6. Lead agencies are encouraged to incorporate into the checklist references to information
sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a
previously prepared or outside document should, where appropriate, include a reference to
the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used
or individuals contacted should be cited in the discussion.
8. This is only a suggested form, and lead agencies are free to use different ones.
9. The analysis of each issue should identify: (a) the significance criteria or threshold used to
evaluate each question; and (b) the mitigation measure identified, if any, to reduce the
impact to less than significant.
4
ENVIRONMENTAL CHECKLIST
Less 'Than
Tha
Potentially Significant Less n
Significant With Significant No
Environmental Issues
Impact Mitigati on . darpsct , '
1. Aesthetics
x '
Would the project
a) Have a substantial adverse effect on a scenic
❑ ❑ ❑
vista? ..... .... ..--- --- -- ----- ------- .....--
- --- --- -- ----- --------- --------- .. ...------ ----------- -- ------ -----
- ..- -- -- ---- -__ --- . .. .............. -... _......._....._...----
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
El El El
outcroppings, and historic building within a state
scenic highway?
c) Substantially degrade the existing visual
character or quality of the site and its
❑ ❑ ❑
surrou ndings?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
❑ ❑ ❑
views in the area?
2. Agriculture and Forestry Resources
(� deterri7ining whether impacts to agricultural resources are's�gmficant environmental effects lead
agencies may refer to the California Agricultural Lantl Evaluation and Site Assessmegt Model
(1997); prepared by the California Departmentpf Conservafioh as an optional model to use In
assessing impacts on agriculture and farmland
h
Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
❑ ❑ ❑
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use?
-- . .. - ............ ....... .. .... . ..................... ... ... - ..... ...... .------------ ----- -- --- - -- ---.._ --- ---- -----
- - -. -__ — ._.....-.__....------------------------------------ ---- ----------
b) Conflict with existing zoning for agricultural use,
L1 El El
or a Willi amson Act contract?
.- ._.- ..------ ----- ----- - - -- -- - - --
_..- ----- - --..._...-.-.-.-- ................._...-...----..__..._.._..------------------------_.___..........-
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland
(as defined by Public Resources Code section
❑ ❑ ❑
4526), or timberland zoned Timberland
Production (as defined by Government Code
section 51104(g))?
d) Result in the loss of forest land or conversion of
❑ ❑ ❑
forest land to non - forest use?
e) Involve other changes in the existing
environment which, due to their location or
El 11 El
nature, could result in conversion of Farmland,
to non - agricultural use?
Less Than s.
Potentially ,Significant Less Than
Signifrc`ant . Significant No
Environmental issues +
Impact Mitigation ', Impact Impactr
3. Air Quality
Where available, the significance criteria established
by the ,applicable air quality manager -brit or '.
air pollution control district may relied upon to make the following determine ions.
- Would the project.'
a) Conflict with or obstruct implementation of the
F-1 El ❑
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air
❑ ❑ ❑
quality violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non - attainment under an
applicable federal or state ambient air quality
❑ ❑ ❑
standard (including releasing emissions, which
exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial
El E] E]
pollutant concentrations?
- - - --- --.....__.......------------.-.........-_.....--------- - ----- ---.. ..... -------------.........------...-----
..-- ------ -------- -- .......... .
e) Create objectionable odors affecting a
E] El E]
substantial number of people?
A. Biological Resources
Would the project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans,
❑ ❑ ❑
policies, or regulations, or by the California
Department of Fish and Game or U.S. Fish and
Wildlife Service? :.......... --....._...-----...----....-----------
--- -- ---- .__...__........
--- ----- --------- -- - - -- . -. _— .......... ............................ - ............
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional plans,
❑ ❑ ❑
policies, and regulations or by the California
Department of Fish and Game or U.S. Fish and
Wildlife Service?
---. ....... - --------
-------------------------------------- ------_.____ --- . ......... ..... _ ............ - -..
.................................................. ........... -- ....... ........................... - ............ - ...... -- .............
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of
the Clean Water Act (including, but not limited
El El El
to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption,
or other means?
-- - ---- ..-------------------- ------- -.- .....-- ----
----- -- - - --
.. -........ ... ........ --- ..... -------- - .................- ......... --
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife
species or with established native resident or
❑ ❑ ❑
migratory wildlife corridors, or impede the use of
wildlife nursery sites?
7
Less Than
-
a-
Potentially
Significant Less. Than
Significant
With
Significant
-, No
Environmental' Issues
Impact
Mitigation
Impact. •'
Impact
e)
Conflict with any local policies or ordinances
protecting biological resources, such as a tree
❑
❑
❑
preservation policy or ordinance?
f)
Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
❑
❑
❑
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
5. Cultural Resources
Would the project:
a)
Cause a substantial adverse change in the
significance of a historical resource as defined
❑
❑
❑
in §15064.5?
b)
Cause a substantial adverse change in the
significance of an archaeological resource
❑
❑
❑
---------- ----
pursuant to §15064.5?
- -------- -------------------- ---- --._ .- .- ..------- --- --- --- --- ._ --- -- ......
---- ------
-----------------
--- ----- .._....__ -------- -_..._
c)
Directly or indirectly destroy a unique
paleontological resource or site or unique
❑
❑
❑
- -... --- -
geologic feature?
- - - ... - ...... .. ....._----- - --- --- ------ - - --
- -- _..._..------------------.-_.----------.._.._.__..._...-
d)
Disturb any human remains, including those
L]
El
El
interred outside of formal cemeteries?
6..' Geology and Soils
Would the project: -`
a)
Expose people or structures to potential
substantial adverse effects, including the risk of
---------------
loss, injury or death involving: . .
..I) -
. - ---------------
-
Rupture of a known earthquake fault, as
delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map issued
by the State Geologist for the area or
❑
❑
❑
based on other substantial evidence of a
known fault? Refer to Division of Mines
and Geology Special Publication 4
... _ ....... ..._.._...._..-.._
....... .---------------------------------
_ ---------------
.__....
..._._._..
_...
- - ._... - - - - -- .
ii) Strong seismic ground shaking?
-
❑
- - ._..__._....
❑
❑
-----------------------------
iii) Seismic - related ground failure, including
El
❑
El
liquefaction?
-
......... ..----- ----------- - ----
--- ------ ----- __....
_ ....... ....
- ...---
- ----------...---.._ .........--------------- - ---------------- -- ---- ------ --
iv) Landslides?
- -------- -...- ..--- ------- - - - - --
❑
- -
❑
-
❑
- -----------------------------
b)
Result in substantial soil erosion or the loss of
❑
❑
❑
- ----
topsoil?
_.......... - - - .-..-.-.-.-._.-._._...------- --- --- -- --- ------- - - --- ------- -----------
---- --- -- -__...____..__......_
--------
----- -_ ----------------- -. .........
....... -------
c)
Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project and potentially result in on-
❑
❑
❑
or off -site landslide, lateral spreading,
subsidence, liquefaction or collapse?
7
Less Than-
Potentially Significant Less Than
Significant ., With significant s No
Environmental issues
Impact Mitigation Impact impact
d)
Be located on expansive soil, as defined in
Table 18 -1 -B of the Uniform Building Code
❑ ❑ ❑
(1994), creating substantial risks to life or
........... ........
property?
- - .._.-.-.-..------------ -------- ---- ----- ------------------ ---.....-----.--................_.....
........ ----.._........----- - ---------- -------......------...__._.._.-.--..-..---
e)
Have soils incapable of adequately supporting
the use of septic tanks or alternative wastewater
❑ ❑ ❑
disposal systems where sewers are not
available for the disposal of wastewater?
7.. Greenhouse Gas Emissions
Would the project: ,`
a)
Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
❑ ❑ ❑
impact on the environment?
b)
Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing
❑ ❑ ❑
the emissions of greenhouse gases?
8.' Hazardsrand Hazardous Materials
Would tt a project: ".
:!v
a)
Create a significant hazard to the public or the
environment through the routine transport, use,
❑ ❑ ❑
or disp of ha zardous materials?
- ----- --------- --- - ..- ....- - ---
__ ..... _..._............. - ..... ...... ............. ,..... - --- --------- ----- ---- -......._---- - ._. -..
b)
Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
❑ ❑ ❑
likely release of hazardous materials into the
environment? ......... — ------ ----- -- --- ---- ----- ------
.._. ....._-- ---------... __ ------ ------- --------- .
.... .............
c)
--- ...... -......--....-...... --- .... ._......._.........-.-
Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
❑ ❑ ❑
waste within one - quarter mile of an existing or
........... ..
proposed school?
- - -- -- .-.___-._.------- -- -- ---- -------- --- -- -- - - -- -- -----------------__.-.__.-...----
------- -- -.- .- .- ....- . -..... - . -. -..
d)
Be located on a site which is included on a list
of hazardous materials sites compiled pursuant
to Government Code 65962.5 and, as a result,
❑ ❑ ❑ El
would it create a significant hazard to the public
or the enviro
-- ........-- -_ - ---
--.-.-..---__-..-...-.-...------ --- - ----- ___..- --- ------- -- --- _-------------- ..... - ... - ---------
.-........ .---- ...
e)
..-.--- --- --- ---- - - - ------
For a project located within an airport land use
plan, or where such a plan has not been
adopted, within two miles of a public airport or
❑ ❑ ❑ IK
public use airport, would the project result in a
safety hazard for people residing or working in
--
the project area?
- -- --- ................--- ------- ----------------------------- --- ------
-.-_..-...-_...-------------------- -------- --- ------ --- -- --- -----
f)
For a project within the vicinity of a private
airstrip, would the project result in a safety
❑ ❑ ❑
hazard for people residing or working in the
project area?
Less Than -
Potentially Significant Less Than _
Significant With Significant No
Environmentallssues
_.,
Impact Mitigation Impact lmpact
g)
Impair implementation of or physically interfere
with an adopted emergency response plan or
❑ ❑ ❑
emergency evacuation plan?
h)
Expose people or structures to a significant risk
of loss, injury or death involving wildland fires,
including where wildlands are adjacent to
❑ ❑ ❑
urbanized areas or where residences are
intermixed with wildlands?
9. Hydrology and Water Quality
Would the pr`oject.: -
a)
Violate any water quality standards or waste
❑ ❑ ❑
....--.....-- ..... - .......
discharge requiremen
... --- --- ---------------- -- --------- -_........------------------------
-..__.._.. ------------------ ---...........------....------- --- ----- -------- ---- ------- _....
b)
Substantially deplete groundwater supplies or
interfere substantially with groundwater
recharge such that there would be a net deficit
in aquifer volume or a lowering of the local
groundwater table level (e.g., the production
❑ ❑ ❑
rate of pre- existing nearby wells would drop to a
level which would not support existing land uses
or planned uses for which permits have been
- ... ..... ..__..--------.-.-.-.-_.__.-..----
granted?
--..__._.-.-.-.-._----- --- ------- -- ._ ----- ---- ----- -.. __..._..__.
--- -------- .. .... _ ...... .----------------- --- --- ---------
c)
Substantially alter the existing drainage pattern
of area, including through the alteration of the
course of a stream or river, in a manner which
❑ ❑ ❑
would result in substantial erosion or siltation
on- or off -site? _ ........ .__.
- - - --.___,__...-------- --------------- -- -- -- ----- ---- --- --...._ -.
--
- ...--------
d)
------- -..._---- -..- ..... ..................... _ ........
Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river, or
❑ ❑ ❑
substantially increase the rate or amount of
surface runoff in a manner, which would result in
flood on- or off -site?
- - -----.-.-.-...-------- --- ------------------------ --- -------
....------------ ..----------- -------------- - ..._.._...---------------------.......---
e)
.Create or contribute runoff water which would
exceed the capacity of existing or planned
❑ ❑ ❑
stormwater drainage systems or provide
su bstantial additional sources of polluted run off?
._ ..... ----- ............ .......--------------- -.- .- .- .- ..------ -- ---......._
f)
- - .....
- ---._..._...__...- - - - -- ..- .- ._- ..._.... ..._.... - - --- .......-----
Otherwise substantially degrade water quality?
--- -------------------..
.---- --------- - -- -- ----------- ------ ---- --- --- --- ---
----------- ------
❑ El El
- - ----- .... - _._...._...
g)
Place housing within a 100 -year flood hazard
area as mapped on a federal Flood Hazard
❑ ❑ E]
Boundary or Flood Insurance Rate Map or other
------
flood hazard delineation map?
------------------------—-----_--- --.....---._.........---._
-- -.. _...__... -- --
---
h
Place within a 100- -- --
ear flood hazard area
structures, which would impede or redirect flood
❑ ❑ ❑
flows?
10
Lass Than ,
Potentially Significant Less Than
Significant With' Slgnificant ` No
Environmental Issues
Impact Mitigation ; Impact Impact
i) Expose people or structures to a significant risk
of loss, injury or death involving flooding,
❑ El E] El
including flooding as a result of the failure of a
levee or dam?
-- ......................--..---------......-.__...---.._..---.....-------------...----------------------...-........-..------...._...._.....---------------------
j) Inundation by seiche, tsunami, or mudflow?
----- -------- -------..._._._..- --
❑ ❑ ❑
10. Land Use and Planning
Would the project:
a) Physically divide an established community?
- ---------------------------- --------- ----- --- ---- -- -- - - - --- - .- ...._..._...
-
E] El ❑
- ............- - -- - .. -.. - ._..
b) Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but not
limited to the general plan, specific plan, local
❑ ❑ ❑
coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an
environmental effect?
.........................__.._-.....-_....._.__._._.__--_-.--_-.-.-.--- .-- .- .- ....._--- __._... -_.__.
- -- - - -.._..__-._--
c) Conflict with any applicable habitat conservation
El E] El
plan or natural communities conservation plan?
% Mineral. Resources
Would the project:' -`.
a) Result in the loss of availability of a known
mineral resource that would be of value to the
❑ ❑ ❑
region and the residents of the state?
- - -- - - ------------.._...---------------- --------------- -.._... -----
----- -- --- ----- ....-----
b) Result in the loss of availability of a locally -
important mineral resource recovery site
11 El El
delineated on a local general plan, specific plan
or other land use plan?
12. Noise
Would the project resultin.
a) Exposure of persons to or generation of noise
levels in excess of standards established in the
❑ El ❑
local general plan or noise ordinance, or
applicable standards of other agencies?
----------- - --- --------------- - - - - -- - - .- . -. -_ -. -
---.-__.-.-.-.-_.-.-.-_------......-- ---- ---_--._.._-------------------------------------
b) Exposure of persons to or generation of
excessive groundborne vibration or
❑ ❑ ❑
groundborne noise levels?
c) A substantial permanent increase in ambient
noise levels in the project vicinity above levels
❑ ❑ ❑
existing without the project?
- - -- - - ...._..._. -.... - -....... -
-------------- ------ ----- ---- ---- ----- ---- __ ---- --- - --
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
❑ ❑ ❑
levels existing without the project?
10
11
Less Than
Potentially
Significant
Less Than
Significant
With
Significant'
No
Environmental Issues
Impact
Mitigation
" Impact ',impact
e) For a project located within an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public airport or
❑
❑
❑
El
public use airport, would the project expose
people residing or working in the project area to
excessive noise levels?
-. --- --- .......-._-._.-.-.-.-...----------------------- -. ..------ ----
... .................... -........
-------------------------------.-..-_---
---
----------------- ---- .----- --------..-.-.-.-.-.....------
f) For a project within the vicinity of a private
airstrip, would the project expose people
❑
❑
❑
residing or working in the project area to
excessive noise levels?
13 Population and Housing
=
Would the project:
a) Induce substantial population growth in an area,
either directly (e.g., by proposing new homes
❑
El
El
and businesses) or indirectly (e.g., through
extension o roads or other infrastructure)?
------------ ----- ----------- ----- - .._..------ ---- - ---- - - --
-
b) Displace substantial numbers of existing
housing, necessitating the construction of
❑
❑
❑
replacement housing elsewhere?
c) Displace substantial numbers of people
necessitating the construction of replacement
❑
❑
❑
housing elsewhere?
14. Public Services
Would the project result in substantial adverse physical impacts associatetl with the provision of
new or physically altered governmental facilities, need for new or
physically altered governmental
facilities 'the construction of which could cause significant environmental impac €s h order to
maintain acceptable service ratios, response times or other performance objectives forany of the ".
public services:
a) Fire Protection?
❑
❑
❑
--------- ._....-------------- - ---- --- ---..._._._._._------- ------ --------- - - --- - --- ... ...
b) Police Protection?
-- -----------------------------------..._......
❑
❑
_ .....
❑
I ----- ------
- ------------------------- ----- ----------------.-.-- ..... - ............. --------_.- _.... - ......-............
c) Schools?
... -- ----- ---- ---
❑
---- - --
-- ._ - - -- _____
❑
_._..___......____ ..................-
❑
----- ----
_..._.
------- ...-.-.-
------------ - ----- --.._ -----...._-...._.__...---.... .-.-- --- --
----------._.... --- - -------- - -- -
d) Parks?
- ----------
❑
El
❑
... -...... ----......__.........._------------------------------..__...__._.- .- .- .------ ._.- ..--- -- --- - --- -- -- -- - - -- - -...............
-
e) Other public facilities?
--.................__...._._.__...._.-----------
❑
❑
---- ---- ----- ---- -----------------
❑
-
1$. Recreation
--
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
❑
❑
❑
physical deterioration of the facility would occur
or be accelera
---...__...- ...--- - - - --. _ .........
_..-----------------
---------- ........ -
-..__._._..._._..---------------------
- .- .._..----
b) Does the project include recreational facilities or
require the construction or expansion of
❑
❑
❑
recreational facilities, which might have an
adverse physical effect on the environment?
11
12
Less'Than
Potentially Significant Less Than ,
Significant . With Significant , ^_ Mo ,t;
Environmental Issues
Impact Mitigation Impact `Impact,_
16. TransportationlTraffic
Would the project:
a)
Cause an increase in traffic, which is substantial
in relation to the existing traffic load and
capacity of the street system (i.e., result in a
❑ 1:1 ❑
substantial increase in either the number of
vehicle trips, the volume to capacity ratio on
-- ---
roads, or congestion at intersections)?
- - ----------------------- - - -- --
- ------------------.- .- ..---- ---- -- ---- - ------------ . .._......_..---------
b)
Exceed, either individually or cumulatively, a
level of service standard established by the
❑ El E]
county congestion management agency for
designated roads or highways?
c)
Result in a change in air traffic patterns,
including either an increase in traffic levels or a
El ❑ El
change in location that results in substantial
safety risks? ...--------------- -----
--- .............. ......... - .... .._.
d)
Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous I
E] ❑
intersections) or incompatible uses (e.g., farm
equipment)?
--- --- ...__........_..----- ------ --- ----- --- -------- -- - --
- -- ..... ._..... _. .... .....----- ----------
-- ..__._..._.......
e)
Result in inadequate emergency access?
❑ El ❑
-----.- ..----- -.- .- ...---- ---- - - - - ---
- - - - ---
f)
- -- ......................... .....----- --------- - - - -- -- -
Result in inadequate parking capacity?
❑ ❑ ❑
g)
Conflict with adopted policies, plans, or
programs supporting alternative transportation
❑ ❑ ❑
(e.g., bus turnouts, bicycle racks)?
77. Utilitiesand Service Systems
Would the project:
a)
Exceed wastewater treatment requirements of
the applicable Regional Water Quality Control
❑ ❑ ❑
Board? _....--- --.
_ _ .- ..._,
..._________________ __ _______ _ _________ _______________.-_ - .- .- __ .- .- .- ._- .- ..- .__
----- -- --
b)
--
Require or result the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the construction
❑ ❑ ❑
of which could cause significant environmental
effects?
---- ---- --- -------... ....... --- ..... ._ ... ........ -- ...... . --. .........- .._.......- ...- . -._ -.
--- ..........
c)
.. .......-- -------------- -... -- ...... ........... -.._ -------- ...-.-.-.-..------------------ ------
Require or result in the construction of new
storm water drainage facilities or expansion of
E] ❑ ❑
existing facilities, the construction of which could
- .- ....- -
cause significant environmental effects?
- - ... - ...... .- --- --- ---------------- ------ ----- -- --.........- - -- --_...
d)
Have sufficient water supplies available to serve
the project from existing entitlements and
E] El E]
resources, or are new or expanded entitlements
needed?
12
13
Less Than
Potentially Significant Leis Than,
Significant With Significant, No
Environmental Issues
Impact Mitigation ImpacV Impact',
e)
Result in a determination by the wastewater
treatment provider, which serves or may serve
the project that it has adequate capacity to
❑ ❑ ❑
serve the project's projected demand in addition
--- - --
to the provider's existing commitments?
__..._._.. ------- ------ ---------------- ------ ------------------ ------ --
................ ......----------------- ------------------------ -- ------ ---------- -- --- ---
f)
Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid
❑ ❑ ❑
waste disposal needs?
g)
Comply with federal, state, and local statutes
❑ E] E]
and regulations related to solid waste?
18. Mandatory Findings of Significance
_
a)
Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
self- sustaining levels, threaten to eliminate a
El E] L1
plant or animal community, reduce the number
or restrict the range of a rare or endangered
plant or animal, or eliminate important examples
of the major periods of California history or
-- -- --
prehistory?
- - - -- .......................... .... -- ..... -.._ ........ .__....._..----------
------ ---- -..- .- ._.._.. - -- .,....------- --------
b)
Does the project have impacts that are
individually limited, but cumulatively
considerable? ( "Cumulatively considerable"
means that the incremental effects of a project
❑ E] El
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
- - --
probable future projects.)
-- -- - -------- ......... .. ....-------------- --- ---------- -
- - _. -___ - - ._.-...--------- ...._..---- ------------
c)
Does the project have environmental effects,
which will cause substantial adverse effects on
❑ ❑ ❑
human beings, either directly or indirectly?
13
EVALUATION OF ENVIRONMENTAL IMPACTS
1. AESTHETICS
The City of Rosemead is located within a highly urbanized area of eastern Los Angeles
County and is situated between the San Gabriel Mountains to the north and the
Montebello Hills to the south. The surrounding hillsides and distant mountains, as well as
the Whittier Narrows Golf Course just outside the City's southeastern limit, are the
dominant features of the scenic vistas along the City's borders. No state or county
designated scenic highways or streets or segments thereof are located within the City's
boundaries.
Implementation of the proposed municipal code amendment would not create changes
impacting scenic vistas or resources or substantially degrade the visual character of the
City, as no development is proposed and the action applies only to uses within existing
structures.
Municipal Code Amendment 12 -01 is designed to facilitate the approval of home
occupations as an incidental, accessory use within residential dwellings, or garages
provided all off - street parking requirements are met, in the City's established residential
zoning districts.
The code amendment establishes a ministerial permitting process, and strict regulations
to ensure neighborhood compatibility. These regulations include, but are not limited to,
the following:
• All home occupations shall be conducted only within the enclosed area of the
dwelling and shall be clearly incidental to the residential use of the structure.
The business may be located in a garage, provided all off - street parking
requirements for the applicable zoning district are met.
• There shall be no outdoor display, sales or storage of materials or equipment
related to the home occupation on the premises.
• There shall be no exterior evidence of the conduct of a home occupation.
• The principal character or use of the dwelling within which the home
occupation is conducted shall in no way be .altered (by the use of color,
materials, construction, lighting, signs, sounds noises, vibrations, display of
equipment, etc.) so that it may be reasonably recognized as serving a non-
residential use.
• No storage of materials and /or supplies, indoors or outdoors, shall be
permitted that will be hazardous to surrounding neighbors or detrimental to
the residential character of the neighborhood.
Since the standards required to obtain the ministerial Home Occupation Business
License, require the home occupation to be innocuous, there would be no substantial
adverse effect on scenic vistas, designated state scenic highways, degradation of
existing visual character of the neighborhood and /or quality of the site. Since the home
14
occupation would be required to be carried out within the dwelling or an enclosed
garage, there would be no impact of a new source of light or glare.
As previously stated in the project description, Municipal Code Amendment 12 -01
proposes a business license revocation process. If the requirements of the ordinance
are not satisfied, or if the home occupation has been operated in violation of any
requirements of the license, the license will be subject to the revocation process.
2. AGRICULTURAL AND FORESTRY RESOURCES
The proposed project will not result in the conversion of existing agricultural land to
urban uses. The only agricultural uses in the City are landscape nurseries situated under
Southern California Edison transmission lines on property zoned O -S (Open Space).
Such uses would not be displaced by any future home occupation, as a home
occupation would only be permitted within an established dwelling unit or garage in a
residential zoning district.
The project area is located in an urban setting and does not contain any agricultural
resources as defined by the state farmland mapping and monitoring program. The City-
wide project site does not have a land use or implementing zoning designation for
agricultural use, and therefore would not conflict with existing zoning for agricultural use
or a Williamson Act contract.
The City is located in a highly urbanized area of Los Angeles County, and possesses no
timberland or other forestry resources, nor does it have any zoning or General Plan
designations for forest land, timberland or timberland production. Furthermore, the
proposed project is not a development project or land use plan, and does not grant any
development entitlements or make any land use policy changes that could result in the
loss of forest land or the conversion of forest land to non - forest use.
The proposed project would not require any changes to the existing environment which
would result in the conversion of farmland to non - agricultural uses. Therefore, no
significant impacts on existing agricultural resources would occur from implementation of
the project, and no mitigation measures are necessary.
3. AIR QUALITY
The City lies within the San Gabriel Valley portion of the South Coast Air Basin (Basin),
which is under the jurisdiction of the South Coast Air Quality Management District
(SCAQMD). As a result of implementing comprehensive control strategies to reduce
pollution from mobile and stationary sources by the SCAQMD, the Basin's air quality has
improved significantly over the years. However, the Basin is still considered a —non-
attainment1l area for ozone, suspended particulate matter (PM10) and fine particulate
matter (PM2.5).
15
To ensure continued progress toward clean air and comply with state and federal
requirements, the SCAQMD in conjunction with the California Air Resources Board
(GARB), the Southern California Association of Governments (SCAG) and the U.S.
Environmental Protection Agency (U.S. EPA) prepared the 2007 Air Quality
Management Plan (AQMP). The 2007 AQMP employs the most up -to -date science and
analytical tools and incorporates a comprehensive strategy aimed at controlling pollution
from all sources, including stationary sources, on -road and off -road mobile sources and
area sources.
Municipal Code Amendment 12 -01 is not a development project or land use plan, nor
does it propose any new development entitlements or land use changes. Therefore, the
implementation of Municipal Code Amendment 12 -01 will not affect the existing
environment and air quality of the City and Basin.
Municipal Code Amendment 12 -01 is designed to facilitate the approval of home
occupations as an incidental, accessory use within residential dwellings, or garages
provided all off - street parking requirements are met, in the City's established residential
zoning districts.
The code amendment establishes a ministerial permitting process, and strict regulations
to ensure that the new ordinance will not lead to significant impacts to air quality. These
regulations include, but are not limited to, the following:
• There shall be no exterior evidence of the conduct of a home occupation
• The principal character or use of the dwelling within which the home occupation
is conducted shall in no way be altered (by the use of color, materials,
construction, lighting, signs, sounds noises, vibrations, display of equipment,
etc.) so that it may be reasonably recognized as serving a non - residential use.
• No motor or mechanical equipment shall be permitted other than that normally
incidental to the residential use of the structure, including but not limited to power
tools, wood and metal working equipment, auto repair tools and equipment and
any other tools or equipment that require a compressor, electrical power or which
cause a substantial emanation of noise.
• Home occupations may not generate pedestrian or vehicular traffic beyond that
considered normal within the surrounding neighborhood.
• No storage of materials and /or supplies, indoors or outdoors, shall be permitted
that will be hazardous to surrounding neighbors or detrimental to the residential
character of the neighborhood.
• No home occupation activity shall create dust, electrical interference, fumes, gas,
odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or
solid waste or other hazards or nuisances other than that normally incidental to
residential use of the structure. Home occupations shall not create any other
negative effect that may be felt, heard, or otherwise sensed on adjoining parcels,
as determined by the Community Development Director.
W_
As previously stated in the project description, Municipal Code Amendment 12 -01
proposes a business license revocation process. If the requirements of the ordinance
are not satisfied, or if the home occupation has been operated in violation of any
requirements of the license, the license will be subject to the revocation process.
4. BIOLOGICAL RESOURCES
Municipal Code Amendment 12 -01 would allow the establishment of home occupations
within legally established residential properties, upon the approval of a ministerial Home
Occupation Business License. There is no expectation that the municipal code
amendment will lead to impacts to biological resources.
The City -wide project site is located in an urban, developed area and does not contain
any significant biological resources. The project does not provide habitat for any
candidate, sensitive, or special status species. The approval of Municipal Code
Amendment 12 -01 does not involve any construction or specific development project,
and therefore would not create any significant impacts to special status biological
resources and no mitigation measures are necessary.
Since this City -wide project site does not contain any significant habitat resources, and
there is no direct development associated with the approval of this project there will be
no significant impacts on riparian habitat or other sensitive natural communities identified
in local, regional, or national plans, regulations or policies. Additionally, no riparian
habitat or sensitive natural communities are located within the City, therefore, no
significant impacts would result from project implementation and no mitigation measures
are necessary.
Municipal Code 12 -01 relates to land located in urban areas developed with residential
dwellings that do not contain any wetland resources. No wetlands would be impacted by
approval of the proposed code amendment. The residential zoning districts in the City of
Rosemead are not considered migratory wildlife corridors due to the existing surrounding
urban development.
The proposed amendment is not a development project and does not involve any land
use changes that would affect the open space areas identified in the General Plan, nor
does it involve any changes to trees in the public right -of -way.
Approval of the Municipal Code Amendment 12 -01 does not involve development of a
particular site or changes to an established policy that would allow for the degradation of
any significant biological resource. No adopted habitat conservation plan, natural
community conservation plan, or other approved habitat conservation plan would be
affected by approval of this project, and therefore no mitigation measures would be
required.
5. CULTURAL RESOURCES
The City is located in a highly urbanized area of Los Angeles County. All of the land in
the City has previously been disturbed or developed. In addition, there are no existing
structures that are considered as having significant historical value, nor is there any
evidence of known archaeological or paleontological resources in the City.
17
Municipal Code Amendment 12 -01 involves regulatory changes to the City's Zoning
Ordinance regarding the approval of home occupations in established residential
dwellings and /or residential garages in the R -1 (Single - Family Residential), R -2 (Light
Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO
(Residential /Commercial Mixed Use Development Overlay) zoning districts. The
proposed code amendment is not a development project or land use plan, and will not
involve any construction activities or grant any entitlements for development projects.
Therefore, it will not affect any potential undiscovered historical, archaeological or
paleontological resources or human remains, and no mitigation measures would be
required.
6.
GEOLOGY AND SOILS
According to the most recent Alquist - Priolo Earthquake Fault Zone map of the El Monte
7.5- minute quadrangle, there is one active fault within the City: the Alhambra Wash fault,
running from just south of the intersection of San Gabriel Boulevard and Garvey Avenue
to the edge of the Whittier Narrows Dam Flood Control Basin. Additionally, the
Geologic, Seismic and Flooding Technical Background Information appendix to the
General Plan states that there are several other faults that do not meet Alquist - Priolo
criteria but nonetheless have the potential to cause surface ruptures within the City.
The proposed municipal code amendment, in and of itself, is not a development project
and does not propose any land use changes or alterations to the existing environment of
the City. It is a code amendment designed to facilitate the approval of home
occupations as an incidental, accessory use within residential dwellings in established
residential zoning districts.
Municipal Code Amendment 12 -01 will not
areas known to be prone to seismic - related
impact with respect to exposing people or
earthquake fault ruptures.
introduce any new buildings or people into
hazards. Therefore, the project will have no
Structures to potential adverse effects from
The proposed project does not involve any construction activity or additional occupancy
that could be impacted. Therefore, implementation of the proposed changes would not
have an impact regarding a geologic unit or soils, and no mitigation measures would be
required.
GREENHOUSE GAS EMISSIONS
Municipal Code Amendment 12 -01 would allow the establishment of home occupations
within legally established dwelling units and /or residential garages that satisfy parking
requirements upon the approval of a ministerial Home Occupancy Business License.
The proposed amendment is not a development project or land use plan, and does not
grant any development entitlements or make any changes to the land use policies
contained in the General Plan; nor does it include any construction activities that could
emit greenhouse gases or other substances.
There is no expectation that approval of Municipal Code Amendment 12 -01 will lead to
significant impacts to greenhouse gas emissions. A home occupation would be an
18
incidental, accessory use to the primary existing residential use. Furthermore, home
occupation regulations require that:
• All home occupations shall be conducted only within the enclosed area of the
dwelling and shall be clearly incidental to the residential use of the structure. The
business may be located in a garage, provided all off - street parking requirements
for the applicable zoning district are met.
• There shall be no outdoor display, sales or storage of materials or equipment
related to the home occupation on the premises.
• The principal character or use of the dwelling within which the home occupation
is conducted shall in no way be altered (by the use of color, materials,
construction, lighting, signs, sounds noises, vibrations, display of equipment,
etc.) so that it may be reasonably recognized as serving a non - residential use.
• No motor or mechanical equipment shall be permitted other than that normally
incidental to the residential use of the structure, including but not limited to power
tools, wood and metal working equipment, auto repair tools and equipment and
any other tools or equipment that require a compressor, electrical power or which
cause a substantial emanation of noise.
• Home occupations may not generate pedestrian or vehicular traffic beyond that
considered normal within the surrounding neighborhood.
• No home occupation activity shall create dust, electrical interference, fumes, gas,
odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or
solid waste or other hazards or nuisances other than that normally incidental to
residential use of the structure. Home occupations shall not create any other
negative effect that may be felt, heard, or otherwise sensed on adjoining parcels,
as determined by the Community Development Director.
• Required residential off - street parking shall be maintained.
There shall be no motor vehicles used or kept on the premises, except residents'
passenger vehicles, and one commercially licensed automobile, pick -up truck, or
van. Furthermore, the commercial vehicle shall not exceed %ton.
• Any employees associated with the home occupation must be full -time residents
of the dwelling. No volunteers, interns or independent contractors shall be part of
the Home Occupation Business License.
As previously stated in the project description, Municipal Code Amendment 12 -01
proposes a business license revocation process. If the requirements of the ordinance
are not satisfied, or if the home occupation has been operated in violation of any
requirements of the license, the license will be subject to the revocation process.
19
8. HAZARDS AND HAZARDOUS MATERIALS
Municipal Code Amendment 12 -01 would allow the establishment of home occupations
within legally established dwelling units and /or residential garages that satisfy parking
requirements upon the approval of a Home Occupancy Business License.
A home occupation would be an incidental, accessory use to the primary existing
residential use.
The proposed project would not involve the routine transport, use or disposal of any
significant quantities of hazardous materials. No hazardous emissions will be associated
with the proposed project. The project proposal is not site specific, thereby not in
violation with government code section 65962.5. Therefore, project implementation
would not create a significant hazard to the public or the environment. The proposed
project regulatory changes would not result in any safety hazards to people residing or
working in community. Therefore, no impacts would result from the proposed project.
The proposed project would not involve any uses that would interfere with the City's
emergency operations plan or with any major emergency evacuation routes out of the
area. Approval of the proposed project would not expose people or structures to a
significant risk of loss, injury or death involving wildland fires, including where wildlands
are adjacent to urbanized areas or where residences are intermixed with wildlands.
Municipal Code Amendment 12 -01 provides the following regulations to ensure that a
home occupation would not result in impacts to the public or the environment. These
regulations include, but are not limited to, the following:
• All home occupations shall be conducted only within the enclosed area of the
dwelling and shall be clearly incidental to the residential use of the structure. The
business may be located in a garage, provided all off - street parking requirements
for the applicable zoning district are met.
• There shall be no outdoor display, sales or storage of materials or equipment
related to the home occupation on the premises.
• No motor or mechanical equipment shall be permitted other than that normally
incidental to the residential use of the structure, including but not limited to power
tools, wood and metal working equipment, auto repair tools and equipment and
any other tools or equipment that require a compressor, electrical power or which
cause a substantial emanation of noise.
• No storage of materials and /or supplies, indoors or outdoors, shall be permitted
that will be hazardous to surrounding neighbors or detrimental to the residential
character of the neighborhood.
• No more than 200 square feet shall be employed for the use of the home
occupation.
El
No home occupation activity shall create dust, electrical interference, fumes, gas,
odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or
solid waste or other hazards or nuisances other than that normally incidental to
residential use of the structure. Home occupations shall not create any other
negative effect that may be felt, heard, or otherwise sensed on adjoining parcels,
as determined by the Community Development Director.
Activities conducted and equipment or materials used shall not change the fire
safety or occupancy classifications of the premises. The use shall not employ the
storage of flammable, explosive, or hazardous materials.
As previously stated in the project description, Municipal Code Amendment 12 -01
proposes a business license revocation process. If the requirements of the ordinance
are not satisfied, or if the home occupation has been operated in violation of any
requirements of the license, the license will be subject to the revocation process.
10. HYDROLOGY AND WATER QUALITY
In 1972, the Federal Water Pollution Control Act (also referred to as the Clean Water Act
[CWA]) was amended to provide that the discharge of pollutants to waters of the United
States from any point source is unlawful unless the discharge is in compliance with a
National Pollutant Discharge Elimination System ( NPDES) permit. The 1987
amendments to the CWA added section 402(p), which establishes a framework for
regulating municipal and industrial storm water discharges under the NPDES program.
On November 16, 1990, the U.S. Environmental Protection Agency (USEPA) published
final regulations that establish storm water permit application requirements for specified
categories of industries. The regulations provide that discharges of storm water to
waters of the United States from construction projects that encompass five or more
acres of soil disturbance are effectively prohibited unless the discharge is in compliance
with an NPDES permit.
The proposed project would not be subject to the NPDES program, because the project
does not involve any construction activity. Therefore, the proposed project would not
violate any water quality standards or waste discharge requirements.
Additionally, the proposed project will not contribute to withdrawals from an existing
ground water supply. Because there is no site specific development associated with this
project, no changes to any established drainage pattern would occur upon
implementation. Therefore, no impacts with regard to drainage would result from project
approval, and no mitigation measures would be required.
Municipal Code Amendment 12 -01 would allow the establishment of home occupations
within legally established dwelling units and /or residential garages that satisfy parking
requirements upon the approval of a Home Occupancy Business License. A home
occupation must be an incidental, accessory use that is subordinate to the use of the
property as a residence.
Municipal Code Amendment 12 -01 provides the following regulations to ensure that a
home occupation would not result in hydrology and water quality impacts. These
regulations include, but are not limited to, the following:
21
• All home occupations shall be conducted only within the enclosed area of the
dwelling and shall be clearly incidental to the residential use of the structure. The
business may be located in a garage, provided all off - street parking requirements
for the applicable zoning district are met.
• No more than 200 square feet shall be employed for the use of the home
occupation.
• No home occupation activity shall create dust, electrical interference, fumes, gas,
odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or
solid waste, storm drain usage, or other hazards or nuisances other than that
normally incidental to residential use of the structure. Home occupations shall not
create any other negative effect that may be felt, heard, or otherwise sensed on
adjoining parcels, as determined by the Community Development Director.
Since strict provisions would regulate a home occupation and because there is no site -
specific construction with regard to this project, there is no potential for the increase in
stormwater runoff at any particular location. Therefore, no significant impact would
result from approval of this project, and no mitigation measures would be required.
As previously stated in the project description, Municipal Code Amendment 12 -01
proposes a business license revocation process. If the requirements of the ordinance
are not satisfied, or if the home occupation has been operated in violation of any
requirements of the license, the license will be subject to the revocation process.
10. LAND USE AND PLANNING
The proposed project does not involve changes that would physically divide the
established community or degrade the existing land use pattern. Municipal Code
Amendment 12 -01 would allow a home occupation to be conducted only within the
enclosed area of the dwelling or a garage, provided all off - street parking requirements
for the applicable zoning district are met. The residential business activities shall be
clearly incidental to the residential use of the structure. The standards required for
obtaining the ministerial Home Occupancy Business License limits intensity of the home
occupation to an innocuous level. Therefore, Municipal Code Amendment 12 -01 would
not lead to significant land use impacts.
The proposed project will not conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project (including, but not limited to the
General Plan or Zoning Ordinance) adopted for the purpose of avoiding or mitigating an
environmental effect. Municipal Code Amendment 10 -02 is consistent with the
Rosemead General Plan as it provides several regulations to ensure that residential
neighborhoods maintain stable and attractive.
The proposed regulatory change is not site specific and would not conflict with any
applicable habitat conservation plan or natural community conservation plan area.
Therefore, no impact would result from implementation of the project and no mitigation
measures would be required.
22
11. MINERAL RESOURCES
According to the City of Rosemead Resource Management Element, no mineral
deposits of statewide or regional importance exist within the City. Therefore, no
significant impacts would occur and no mitigation measures would be required
12. NOISE Municipal Code Amendment 12 -01 would allow a home occupation to be
only within the enclosed area of the dwelling or a garage, provided all off - street
parking requirements for the applicable zoning district are met. The residential
business activities shall be clearly incidental to the residential use of the
structure.
The proposed regulatory change does not involve any construction activity or uses that
would impact the City's established Community Noise Equivalent Level (CNEL) for each
of its land use designations. The City's General Plan Public Safety Element indicates a
Community Noise Equivalent Level (CNEL) for each land use area, of which the project
will not affect.
Municipal Code Amendment 12 -01 would allow a home occupation to be conducted only
within the enclosed area of the dwelling, or a garage provided all off - street parking
requirements for the applicable zoning district are met. The residential business activities
shall be clearly incidental to the residential use of the structure. The standards required
for obtaining the ministerial Home Occupancy Business License limits intensity of the
home occupation to an innocuous level. Municipal Code Amendment 12 -01 provides the
following regulations to ensure that a home occupation would not result in noise impacts:
• The principal character or use of the dwelling within which the home occupation
is conducted shall in no way be altered (by the use of color, materials,
construction, lighting, signs, sounds noises, vibrations, display of equipment,
etc.) so that it may be reasonably recognized as serving a non - residential use.
• No motor or mechanical equipment shall be permitted other than that normally
incidental to the residential use of the structure, including but not limited to power
tools, wood and metal working equipment, auto repair tools and equipment and
any other tools or equipment that require a compressor, electrical power or which
cause a substantial emanation of noise.
• Home occupations may not generate pedestrian or vehicular traffic beyond that
considered normal within the surrounding neighborhood.
• Electrical or mechanical equipment that creates visible or audible interference in
television or radio receivers or causes fluctuations in line voltage outside of the
dwelling unit shall be prohibited.
• No home occupation activity shall create dust, electrical interference, fumes, gas,
odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or
solid waste or other hazards or nuisances other than that normally incidental to
residential use of the structure. Home occupations shall not create any other
negative effect that may be felt, heard, or otherwise sensed on adjoining parcels,
as determined by the Community Development Director.
23
As previously stated in the project description, Municipal Code Amendment 12 -01
proposes a business license revocation process. If the requirements of the ordinance
are not satisfied, or if the home occupation has been operated in violation of any
requirements of the license, the license will be subject to the revocation process.
The proposed project will not expose people working in the City to permanent high noise
levels. There is no development resulting from approval of this project.
The nearest aviation facility is the El Monte Airport, located approximately one mile to
the east of the City. The City does not fall within the airport's land use plan. There are no
private airstrips located within the City of Rosemead or within its immediate vicinity.
Therefore, no significant impacts would occur in the vicinity of a public airport or private
airstrip and no mitigation measures would be required.
13. POPULATION AND HOUSING
Municipal Code Amendment 12 -01 would allow a home occupation to be conducted only
within the enclosed area of the dwelling, or a garage provided all off - street parking
requirements for the applicable zoning district are met. The residential business activities
shall be clearly incidental to the residential use of the structure. The standards required
for obtaining the ministerial Home Occupancy Business License limits intensity of the
home occupation to an innocuous level. Municipal Code Amendment 12 -01 provides the
following regulations to ensure that a home occupation would not result in population
and housing impacts:
• Any employees associated with the home occupation must be full -time residents
of the dwelling. No volunteers, interns or independent contractors shall be part of
the home occupation permit.
Municipal Code Amendment 12 -01 is not anticipated to induce substantial population
growth. Furthermore, there is no specific development involved with this project that
would require the extension of infrastructure in an area not previously served. Therefore,
no significant impacts would occur and no mitigation measures would be required.
The proposed project does not involve demolition or dislocation of any structures.
Therefore, no significant impacts would occur and no mitigation measures would be
required.
14. PUBLIC SERVICES
Municipal Code Amendment 12 -01 would allow a home occupation to be conducted only
within the enclosed area of the dwelling, or a garage provided all off - street parking
requirements for the applicable zoning district are met. The residential business
activities shall be clearly incidental to the residential use of the structure. The standards
required for obtaining the ministerial Home Occupancy Business License limits intensity
of the home occupation to an innocuous level. Therefore, the approval of Municipal
Code Amendment 12 -01 would not increase the demands on existing public services
and would not adversely affect fire protection, police protection, schools, parks or other
public facilities.
I
15.
16.
RECREATION
The proposed project will have no direct effect on existing recreational facilities because
no new development is associated with the approval of this project. The project will not
introduce new permanent populations that would substantially deteriorate parks and
recreational facilities through increased use. No increases in the demand for such
facilities will occur as a result of this project. Therefore, no impacts would occur and no
mitigation measures would be required.
The proposed project does not include, nor require, the construction or expansion of
recreational facilities. Existing recreational opportunities will not be affected by
implementation of the project. Therefore, no impacts would occur and no mitigation
measures are required.
Municipal Code Amendment 12 -01 would allow the establishment of home occupations
within legally established dwelling units and /or residential garages that satisfy parking
requirements upon the approval of a ministerial Home Occupancy Business License. A
home occupation must be an incidental, accessory use that is subordinate to the use of
the property as a residence.
Municipal Code Amendment 12 -01 provides the following regulations to ensure that a
home occupation would not result in population growth. The code amendment would
require that any employees associated with the home occupation must be full -time
residents of the dwelling unit. No volunteers, interns or independent contractors shall be
part of the Home Occupation Business License.
TRANSPORTATION /TRAFFIC
There is no specific development associated with approval of this project and no
development rights would be granted by the approval of the proposed project.
Municipal Code Amendment 12 -01 would allow the establishment of home occupations
within legally established dwelling units and /or residential garages that satisfy parking
requirements upon the approval of a ministerial Home Occupancy Business License. A
home occupation must be an incidental, accessory use that is subordinate to the use of
the property as a residence.
Municipal Code Amendment 12 -01 provides multiple regulations to ensure that a home
occupation does not have transportation or traffic impacts. These regulations include,
but are not limited to, the following regulations:
• There shall be no exterior evidence of the conduct of a home occupation.
• Required residential off - street parking shall be maintained.
• Home occupations may not generate pedestrian or vehicular traffic beyond that
considered normal within the surrounding neighborhood.
25
• There shall be no motor vehicles used or kept on the premises, except residents'
passenger vehicles, and one commercially licensed automobile, pick -up truck, or
van. Furthermore, the commercial vehicle shall not exceed % ton.
• Any employees associated with the home occupation must be full -time residents
of the dwelling. No volunteers, interns or independent contractors shall be part of
the home occupation permit.
• Electrical or mechanical equipment that creates visible or audible interference in
television or radio receivers or causes in fluctuations in line voltage outside of the
dwelling unit shall be prohibited.
Home occupations that do not meet the standards for a Home Occupation Business
License will not be approved. Furthermore, as previously stated in the project
description, Municipal Code Amendment 12 -01 proposes a business license revocation
process. If the requirements of the ordinance are not satisfied, or if the home occupation
has been operated in violation of any requirements the license, the license will be
subject to the revocation process.
Therefore, the project does not propose any use that would cause any changes,
individually or cumulatively, to the level of service standard established by the county
congestion management agency for designated roads or highways. No significant
impacts would occur and no mitigation measures would be required.
The project does not propose any use which could cause any changes to air traffic
patterns or a change in location that would result in substantial safety risks. The project
does not involve any specific development or regulatory change that would create
hazards for a subsequent development proposal. Therefore, no significant impacts
would occur and no mitigation measures would be required.
The project does not involve any specific development or regulatory change and does
not grant any entitlements that would impact emergency access to a particular site. The
project does not involve any specific development or regulatory change that could place
additional demand on the City's existing vehicle parking supply, nor does it propose
alterations to the physical environment of the City that could reduce the amount of
available parking. Therefore, no significant impacts would occur and no mitigation
measures would be required.
17. UTILITIES AND SERVICE SYSTEMS
The City of Rosemead contracts with the Los Angeles County Consolidated Sewer
Maintenance District for maintenance of local sewer lines that connect to trunk lines
owned and operated by the Sanitation Districts of Los Angeles County, District 15.
According to the General Plan EIR, the sewers in the southern portion of the City (south
of Interstate 10) are likely operating at or near capacity, while the sewer operation level
in the northern part of the City is unknown. However, since the proposed project does
not grant any development entitlements or make any alterations to the existing physical
environment of the City, it will not cause or contribute to increases in wastewater
generation. Therefore, no significant impacts would occur and no mitigation measures
would be required.
26
Municipal Code Amendment 12 -01 would allow a home occupation to be conducted only
within the enclosed area of the dwelling, and it shall be clearly incidental to the
residential use of the structure in residential zoning districts. The business may be
located in a garage, provided all off - street parking requirements for the applicable zoning
district are met. The standards required for obtaining the ministerial Home Occupancy
Business License limits intensity of the home occupation to an innocuous level.
Therefore, a home occupation may not result in water, electricity, garbage, sewer, or
storm drain usage that exceeds normal residential usage.
Municipal Code Amendment 12 -01 provides multiple regulations to ensure that a home
occupation does not have utilities and service systems. These regulations include, but
are not limited to, the following regulations:
• Electrical or mechanical equipment that creates visible or audible interference in
television or radio receivers or causes fluctuations in line voltage outside of the
dwelling unit shall be prohibited.
• No home occupation activity shall create dust, electrical interference, fumes, gas,
odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or
solid waste or other hazards or nuisances other than that normally incidental to
residential use of the structure. Home occupations shall not create any other
negative effect that may be felt, heard, or otherwise sensed on adjoining parcels,
as determined by the Community Development Director
Home occupations that do not meet the standards for a Home Occupation Business
License will not be approved. Furthermore, as previously stated in the project
description, Municipal Code Amendment 12 -01 proposes a business license revocation
process. If the requirements of the ordinance are not satisfied, or if the home occupation
has been operated in violation of any requirements of the license, the license will be
subject to the revocation process.
Rosemead is a highly developed area that has an extensive stormwater drainage
system in place. Since the proposed project does not grant any development
entitlements or significantly alter the type or intensity of land uses permitted within the
City, there will be no adverse impacts to the existing stormwater drainage system. The
approval of the proposed Municipal Code Amendment will not result in the need to
construct new storm drain facilities.
Domestic water service in the City is provided by six water purveyors through existing
water lines and facilities: Adams Ranch Mutual Water Company, San Gabriel County
Water District, Golden State Water Company, Amarillo Mutual Water District, and the
San Gabriel Valley Water Company. According to the General Plan EIR, the two
smallest purveyors, Adams and Amarillo, are not required to submit urban water
management plans (UWMPs). The UWMPs for the four remaining companies, the
purveyors source their water from a combination of groundwater and imported water.
Groundwater comes from the San Gabriel Valley Groundwater Basin, part of which lies
directly under the City. Imported water is purchased from the Upper San Gabriel Valley
Municipal Water District, which in turns purchases water from the larger Metropolitan
Water District. The imported water is used mainly for groundwater recharge.
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As previously stated, current policies and practices ensure that the City's water supply
can accommodate the future level of growth projected in the City's General Plan.
Additionally, Municipal Code Amendment 12 -01 is not a development project or land use
plan and will not grant development entitlements or significantly change the type or
intensity of land uses from those anticipated in the existing General Plan and analyzed in
the General Plan EIR. There will be no adverse groundwater impacts.
The City of Rosemead contracts with Consolidated Disposal Services for solid waste
and refuse collection services. According to the General Plan EIR, the City disposes
approximately 66,000 tons of waste to landfills annually. Most solid waste collected in
Rosemead is driven to the Bel -Art Waste Transfer Station in Long Beach, where it is
moved onto larger trucks and taken to the Chiquita Canyon landfill in Santa Clarita.
About 60 percent of solid waste collected in the City ends up at Chiquita Canyon, while
30 percent goes to the Puente Hills landfill in City of Industry. The remaining 10 percent
is burned for energy, composted, or used in other ways. The General Plan EIR states
that projected levels of growth under General Plan land use policies would increase the
City's solid waste generation by approximately 484 tons per week, which is only one
percent of the combined capacity of the two landfills. However, Puente Hills is scheduled
to close in 2013, while Chiquita Canyon is scheduled to close in 2019. Once this occurs,
the City's increased waste generation will have to be absorbed by other facilities.
While the issue of solid waste generation is ongoing and serious, the approval of
Municipal Code Amendment 12 -01 will not contribute to it. Municipal Code Amendment
12 -01 does not grant any development entitlements or significant change the types or
intensities of land uses contained in the General Plan. Thus, it would not increase the
population or the generation of solid waste in the City.
The City of Rosemead is currently complying with AB 939. The City has entered into a
multijurisdictional agreement as a member of the Los Angeles Area Integrated Waste
Management Association, which has an approved diversion rate of 59 percent. The City
will continue to comply with the all federal, state and local statues and regulations
related to solid waste.
18. MANDATORY FINDINGS OF SIGNIFICANCE
The purpose of Municipal Code Amendment 12 -01 is to establish specific standards and
procedures to allow home occupations to be conducted in the residential zones of the
City. These residential zoning districts include the R -1 (Single - Family Residential), R -2
(Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO
(Residential /Commercial Mixed Use Development Overlay) zones. The regulations and
procedures set forth in Municipal Code Amendment 12 -01 are intended to ensure that
home occupations are compatible with the character of City of Rosemead's residential
neighborhoods and have minimal impact on the surrounding properties.
Municipal Code Amendment 12 -01 would allow a home occupation to be conducted only
within the enclosed area of the dwelling, or a garage provided all off - street parking
requirements for the applicable zoning district are met. The residential business
activities shall be clearly incidental to the residential use of the structure. The most
common home occupations are office uses for businesses such as accountants, internet
sales, certain types of contractors and other similar operations where the primary means
of contact are by phone, mail, internet or other similar means.
OR
Municipal Code Amendment 12 -01 establishes a ministerial permitting process. The
approval of a Home Occupation Business License shall be obtained from the City of
Rosemead Community Development Department prior to establishing a home
occupation. A Home Occupation Business License must comply with all of the following
standards:
Use and Location: All home occupations shall be conducted only within the
enclosed area of the dwelling and shall be clearly incidental to the residential use
of the structure. The business may be located in a garage, provided all off - street
parking and setback requirements for the applicable zoning district are met. No
more than 200 square feet shall be employed for the use of the home
occupation.
Appearance: There shall be no outdoor display, sales or storage of materials or
equipment related to the home occupation on the premises. There shall be no
exterior evidence of the conduct of a home occupation. The principal character
or use of the dwelling within which the home occupation is conducted shall in no
way be altered (by the use of color, materials, construction, lighting, signs,
sounds noises, vibrations, display of equipment, etc.) so that it may be
reasonably recognized as serving a non - residential use.
Employees: Any employees associated with the home occupation must be full -
time residents of the dwelling. No volunteers, interns or independent contractors
shall be part of the Home Occupation Business License .
Nuisances: No motor or mechanical equipment shall be permitted other than
that normally incidental to the residential use of the structure, including but not
limited to power tools, wood and metal working equipment, auto repair tools and
equipment and any other tools or equipment that require a compressor, electrical
power or which cause a substantial emanation of noise. No storage of materials
and /or supplies, indoors or outdoors, shall be permitted that will be hazardous to
surrounding neighbors or detrimental to the residential character of the
neighborhood. No home occupation activity shall create dust, electrical
interference, fumes, gas, odor, smoke, glare, light, noise, vibration,
toxic /hazardous materials, liquid or solid waste or other hazards or nuisances
other than that normally incidental to residential use of the structure. Home
occupations shall not create any other negative effect that may be felt, heard, or
otherwise sensed on adjoining parcels, as determined by the Community
Development Director.
Traffic: Home occupations may not generate pedestrian or vehicular traffic
beyond that considered normal within the surrounding neighborhood. Required
residential off - street parking shall be maintained. There shall be no motor
vehicles used or kept on the premises, except residents' passenger vehicles, and
one commercially licensed automobile, pick -up truck, or van. Furthermore, the
commercial vehicle shall not exceed %ton.
Safety: Electrical or mechanical equipment that creates visible or audible
interference in television or radio receivers or causes fluctuations in line voltage
outside of the dwelling unit shall be prohibited. Activities conducted and
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equipment or materials used shall not change the fire safety or occupancy
classifications of the premises. The use shall not employ the storage of
flammable, explosive, or hazardous materials.
Municipal Code Amendment 12 -01 has been written to allow home based business
activities that will have little to no effect on the surrounding residential neighborhood.
Therefore, there is no potential that the approval of Municipal Code Amendment 12 -01
will negatively impact the environment, individually or cumulatively, or to cause harm to
human beings.
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References
1. City of Rosemead General Plan (adopted 2008; amended 2010)
2. City of Rosemead General Plan EIR
3. City of Rosemead Municipal Code
4. California Department of Conservation, Farmland Mapping and Monitoring Program
5. South Coast Air Quality Management District 2007 AQMP www.agmd.gov
6. South Coast Air Quality Management District 2008 Air Quality Data www.agmd.gov
7. California Integrated Waste Management Board www.ciwmb.ca.gov
8. California Department of Conservation, Division of Mines and Geology, Special Studies
Zones (El Monte Quadrangle, 1999) www.conservation.ca.gov
9. California Department of Conservation, Division of Mines and Geology, Seismic Hazard
Zones (El Monte Quadrangle, 1999) www.conservation.ca.gov
10. Los Angeles County Department of Public Works, www.dow.lacounty.gov
11. State Water Resources Control Board, http: / /geotracker.swrcb.ca.gov /map/
12. Federal Emergency Agency, Flood Insurance Rate Map 00059CO036H
13. California Integrated Waste Management Board, www.ciwmb.ca.gov
14. California Department of Finance, www.dof.ca.gov
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ATTACHMENT F
RESOLUTION 2012 -70
A RESOLUTION OF THE CITY OF ROSEMEAD, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, ADDING A
HOME OCCUPATION BUSINESS LICENSE FEE
WHEREAS, a new Home Occupation Ordinance has been adopted by the City
Council of the City of Rosemead, California, as Ordinance No. 925; and
WHEREAS, an important element of the ordinance is the licensing of home
occupation business owners to provide assurance to residents of the City that home
occupations will not disrupt, become a nuisance, disturb, or modify the character of the
residential zones within the City of Rosemead, and
WHEREAS, business owners of home occupations must abide by the
requirements of the ordinance when conducting home occupation activities, and
WHEREAS, The primary method of assuring that the requirements of the
ordinance are being met by home occupation business owners is through the business
license process that subjects business owners to operation regulations and ongoing
licensing requirements, and
WHEREAS, in accordance with Proposition 26, the City is entitled to recover
those costs of enforcing the terms of the ordinance by collection of business license
fees; and
WHEREAS, the City currently requires a business licenses for a professional
commercial business; and
WHEREAS, the City wants to place home occupation businesses on a
substantially similar basis as it treats other professional occupation business owners in
nonresidential zones; and
WHEREAS, the City has determined that based on the personnel costs of City
staff and the time expected to be needed to review applications, along with the costs
associated with the enforcement of the regulations, that the costs of processing
business license applications are substantially covered and are not exceeded by the
fees proposed below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Rosemead City Council imposes the following business license
fees:
• Home Occupation Business License (New License) $100.00
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Home Occupation Business License (Renewal) $ 50.00
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
hereafter the same shall be in full force and effect.
PASSED, APPROVED, and ADOPTED this 11 day of December, 2012.
Sandra Armenta, Mayor
City of Rosemead, California
ATTEST:
Gloria, Molleda, City Clerk
City of Rosemead, California:
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
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