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PC - 2012-20 - 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 OccupationsPC 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. 3 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: J 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. Gi 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. 8 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). 0 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. V =V� " T P s 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: ENG, HERRERA, SACCARO, RUIZ NO: NONE ABSTAIN: NONE ABSENT: HUNTER Michelle Ramirez, Secreta r APPROVED AS TO FORM Gregory M. Planning Commis orney Burke, Williams & Sorensen, LLP 14