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PC - Item 3B - Comprehensive Zoning Code Update (Municipal Code Amendment 10-07, Zone Change 13-01, and Proposed Amendment to the City's Single-Family Residential Design Guidelines)ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: SEPTEMBER 16, 2013 SUBJECT: COMPREHENSIVE ZONING CODE UPDATE (MUNICIPAL CODE AMENDMENT 10 -07, ZONE CHANGE 13 -01, AND PROPOSED AMENDMENT TO THE CITY'S SINGLE - FAMILY RESIDENTIAL DESIGN GUIDELINES) SUMMARY Municipal Code Amendment 10 -07 and Zone Change 13 -01 consist of City of Rosemead initiated amendments to the City's Zoning Code (Title 17 of the Rosemead Municipal Code) that are pursued to implement General Plan policy and to add provisions mandated by State and Federal law. Revisions to the City's existing Zoning Map and Single- Family Residential Design Guidelines are proposed to ensure that these documents are internally consistent with the proposed Comprehensive Zoning Code Update project. Amendments to the City's existing Home Occupation business license regulations (Title 5 of the Municipal Code, Chapter 5.41 — Home Occupations) are included in the project for the purpose of allowing Cottage Food Operations (CFOs) as home occupations in residential zoning districts in accordance with State law. 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 A). The Initial Study is an environmental analysis of the proposed Comprehensive Zoning Code Update project, which includes Municipal Code Amendment 10 -07, Zone Change 13 -01, an amendment to the Single - Family Residential Design Guidelines, as well as proposed Local CEQA Guidelines. A Negative Declaration has been prepared because no significant impacts were identified as a result of the Initial Study. A Notice of Completion for the adoption of the Negative Declaration (State Clearinghouse No. 2013081031) was sent to the California State Clearinghouse for a public review period of thirty (30) days, beginning on August 14, 2013 and ending on September 12, Planning Commission Meeting September 16, 2013 Page 2 of 12 2013. A Notice of Intent to adopt a Negative Declaration was also distributed for a 30- day public review and comment period between August 15, 2013 and September 13, 2013. The City has received two (2) comment letters from reviewing agencies; one from the County of Los Angeles Department of Public Works and one from the Public Utilities Commission, Rail Crossings Engineering Section, Safety and Enforcement Division. Attachment "B" contains the letters and staffs responses to the agency comments for the Planning Commission's review and consideration. If the City Council is inclined to approve this project, the Council must make findings of adequacy with the environmental assessment and adopt the Negative Declaration. Staff Recommendation It is recommended that the Planning Commission take the following actions: 1. ADOPT Planning Commission Resolution No. 13 -10 (Attachment C), a resolution recommending that the City Council make findings of adequacy with the environmental assessment and adopt the Negative Declaration that was prepared for the project; and 2. ADOPT Planning Commission Resolution No. 13 -11 (Attachment D), a resolution recommending that the City Council adopt Municipal Code Amendment 10 -07 amending the City's Zoning Code (Title 17 of the Rosemead Municipal Code) and Chapter 5.41 - Home Occupations (Title 5 of the Rosemead Municipal Code) to implement General Plan policy and to add provisions mandated by State and Federal law as part of the Comprehensive Zoning Code Update; and 3. ADOPT Planning Commission Resolution No. 13 -12 (Attachment E), a resolution recommending that the City Council adopt Zone Change 13 -01 amending the City's Zoning Map to implement General Plan policy as part of the Comprehensive Zoning Code Update; and 4. ADOPT Planning Commission Resolution No. 13 -13 (Attachment F), a resolution recommending that the City Council adopt an amendment to the Single - Family Residential Design Guidelines as part of the Comprehensive Zoning Code Update. BACKGROUND The Zoning Code serves as the primary tool to implement General Plan land use policy. Zoning districts that correspond to General Plan land use designations, establish use regulations, development standards, and design criteria for all types of development in Rosemead. The Zoning Code has not been comprehensively updated since the City incorporated in 1959. The City of Rosemead is proposing comprehensive revisions to the Zoning Code, as well as amendments to the City's Zoning Map, Business Licenses Regulations, and Single - Family Guidelines to: Planning Commission Meeting September 16, 2013 Page 5 of 12 • Condominiums and Condominium Conversions — See page 52 (Section 17.36.060.C.2): The existing Zoning Code requires that bedrooms in condominium projects provide a minimum of one hundred sixty (160) square feet. A revision is proposed to eliminate this development standard, as the Uniform Building Code already requires a minimum standard. • Definition of Mobile Home Owner — See page 62: A revision to the definition of "Mobile Home Owner' is proposed to clarify that the owner of the mobile home does not have to be the resident of the unit. A detailed summary of all the proposed changes to the Zoning Code is provided in Attachment "H" (Summary of Change). The full set of the proposed revisions noted in Attachment "I" (and available for review in the City Clerk's Office) shows changes /additions to the existing code in green text, strikethrough text for text to be deleted, and black text for text to remain. Home Occupation Ordinance Update for Cottage Food Operations (Title 5, Chapter 5.41) — The recently approved Assembly Bill No. 1616, the California Homemade Food Act, allows for Cottage Food Operations (CFO) in residential districts effective January 1, 2013. A CFO is an enterprise at a private home where low -risk foods are prepared or packaged for public consumption. Assembly Bill (AB) 1616 requires local jurisdictions to allow CFOs in residential dwellings. Home businesses are currently permitted in the City of Rosemead as an accessory use to a residence, subject to the provisions in the Home Occupations Ordinance. Revisions to the existing Home Occupation Ordinance are proposed, which are consistent with the provisions of AB 1616. In summary, the proposed amendment would require a CFO operator to obtain approval of a City of Rosemead Business License. In addition to complying with the requirements of both the Los Angeles County Department of Public Health and California Department of Public Health, the amendment proposes standards to protect existing residential neighborhoods from traffic and noise impacts. Such standards include allowing the hiring not more than one (1) employee per CFO operator and restricting the number of CFO businesses in a neighborhood through the limitation of a distance requirement. Other standards have been included to restrict visitation and deliveries incidental to the cottage food operation to the hours of seven a.m. to seven p.m., Monday through Friday, eight a.m. to six p.m. Saturdays and Sundays. Attachment "J" illustrates the revisions proposed to the City's existing Home Occupation Ordinance (Title 5, Chapter 5.41 of the Rosemead Municipal Code). Changes to the existing code are shown in green text for codes to be added, strikethrough text for text to be deleted, and black text for text to remain. Planning Commission Meeting September 16, 2013 Page 7 of 12 R -3 (Medium Multiple Residential) and P -O (Professional Office) Zone Changes — The P -O (Professional Office) zone is currently located in three (3) areas of the City, as shown in the following Figure 2. The first area (Area 1 — as shown in Figure 2) is located along the west side of Rosemead Boulevard between Valley Boulevard and Glendon Way Avenue. The second area (Area 2 — as shown in Figure 2) is located between Glendon Way Avenue and Marshall Street. The third area (Area 3 — as shown in Figure 3) is located west of Rosemead Boulevard, north of the Interstate 10 Freeway, along Ramona Boulevard. A few parcels are also located along Glendon Way Avenue in Area 3. FIGURE 1 Existing M -1 (Light Manufacturing and Industrial) Zoned Parcels proposed for new CI -MU (Commercial - Industrial Mixed -Use) Zone Planning Commission Meeting September 16, 2013 Page 8 of 12 Zoning Change 13 -01 proposes to rezone the existing P -O (Professional Office) parcels in Area 2 and Area 3, as shown in the map above, to the R -3 (Medium Multiple Residential) zone. The existing P -O (Professional Office) zoned properties that are located in Area 2 and Area 3 are entirely developed with existing residential units. Therefore, the zone change will eliminate the possibility of incompatible land uses (i.e. office buildings) from being built within existing residential neighborhoods. This zone change will result in an increase of R -3 (Medium Multiple Residential) zoned property by approximately ten (10) acres. Upon project approval, the P -O (Professional Office) zone will be reduced to 2.19 acres of the City, which will continue to be located along the west side of Rosemead Boulevard between Valley Boulevard and Marshall Street (Area 1 — as shown in Figure 2). Single - Family Residential Design Guidelines — On June 12, 2007 the City Council adopted Single - Family Residential Design Guidelines by Ordinance No. 851. The guidelines provide written and illustrative examples on what constitutes appropriate design features for large home development. The Single - Family Residential Design Guidelines require amending when General Plan and Zoning Code amendments are proposed to ensure that the guidelines do not conflict with the current General Plan policies, objectives, or Zoning Code development standards. Since the proposed changes to the City's Zoning Code include revised FIGURE 2 Location of Existing P -O (Professional Office) Zoned Parcels in the City Planning Commission Meeting September 16, 2013 Page 9 of 12 development standards relating to single - family homes in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), and R -3 (Medium Multiple Residential), amendments are proposed to ensure that the guidelines are consistent with the Comprehensive Zoning Code Update. Attachment "K" contains the proposed Single - Family Residential Design Guideline revisions. Revisions are shown in green text for new text to be added, strikethrough text for text to be eliminated, and plain black text for text to remain. In summary, the amendments to the guidelines would eliminate discussion of pre -2007 residential zoning code standards, which are no longer in effect, as well as reflect the proposed residential standards in the Comprehensive Zoning Code Update relating to the calculation of the maximum Floor Area Ratio (FAR) on the second floor of a dwelling unit and second floor side wall articulation. MUNICIPAL CODE REQUIREMENTS Chapter 17.116 of the Rosemead Municipal Code sets forth the procedures and requirements for zone changes and code amendments. A municipal code amendment or zone change may be permitted whenever the public necessity, convenience, general welfare, or good zoning practice justifies such action. The Comprehensive Zoning Code Update (Municipal Code Amendment 10 -07 and Zone Change 13 -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 proposed changes to the Rosemead Municipal Code will provide a superior level of planning and protection to the quality and character of the City. The Comprehensive Zoning Code Update is consistent with the Rosemead General Plan Land Use Goals and Policies as follows: A. Land Use: The Land Use Element provides goals and policies related to the physical development of land within the City. The Element contains a Land Use Map that shows the permitted land uses on different parcels in the City, along with standards of development density and intensity. Municipal Code Amendment 10- 07 is a comprehensive update of the City's Zoning Code (Title 17 of the Rosemead Municipal Code) that is pursued to implement General Plan policy and to add provisions mandated by Federal and California State law. Amendments to the City's existing Home Occupation business license regulations (Title 5 of the Municipal Code, Chapter 5.41 — Home Occupations) are included in the project for the purpose of allowing Cottage Food Operations (CFOs) as home occupations in residential zoning districts in accordance with State law. Zone Change 13 -01 is proposed to implement the General Plan Land Use Map and land use policy. The following list includes, but is not limited to, several of the amendments proposed to implement the goals and policies of the City's General Plan: Planning Commission Meeting September 16, 2013 Page 10 of 12 1. The General Plan Update established a mixed -use industrial /commercial land use category to accommodate light industry, research and development, and office uses. The emphasis is on businesses that provide career oriented and trade jobs. The Zoning Code Update proposes the CI -MU (Commercial - Industrial Mixed -Use) zone to implement the General Plan land use policy. The CI -MU zone is intended to provide heavy commercial and quasi - industrial uses that are consistent with the General Plan Mixed -Use Industrial /Commercial land use designation. 2. In accordance with the General Plan Land Use Element - Residential Land Use Categories, the Zoning Code Update proposes to allow a variety of housing types, including single - family dwellings, duplexes, and apartment houses in the R -3 (Medium Multiple Residential) zone. 3. To implement Goal 5 which calls for targeted land use changes that improve housing and economic opportunities for residents and businesses and achieve fiscal and environmental objectives the project proposes to eliminate the possibility of constructing multi - family housing in the P -O (Professional Office) zone. This proposed municipal code amendment is intended to eliminate the possibility of incompatible land uses (i.e. residential units) from being built within an established commercial office neighborhood. 4. General Plan Land Use Action 3.4 requires encouraging the grouping of certain types of commercial activities that would benefit from similar type of development. To further this goal, Municipal Code Amendment 10 -07 proposes to restrict land uses to light manufacturing and industrial business activities in the M -1 (Light Manufacturing and Industrial) zone. Currently, the M -1 (Light Manufacturing and Industrial) zone allows any land use that is also permitted in the C -1 (Neighborhood Commercial) and C -3 (Medium Commercial) zones in addition to light industrial uses. 5. Municipal Code Amendment 10 -07 proposes the adoption of a voluntary Green Building Program to encourage green building practices and materials in accordance with General Plan Land Use Action 5.13. 6. Lastly, several amendments are proposed to expand architectural design review and application procedures to implement General Plan Land Use Policy 2.7 and Land Use Action 3.7. These amendments include, but are not limited to, the expansion of discretionary design review procedures including large commercial and industrial additions, remodels, and new development. New Zoning Code standards are also proposed to improve the aesthetic quality of future developments. Examples of such revisions include standards for the screening of mechanical equipment, new limitations on the use of fence materials, standards for the design of exterior lighting facilities, as well as the addition of development standards for lot area, minimum lot width and depth, and setbacks for improved site planning. Planning Commission Meeting September 16. 2013 Paqe 11 of 12 B. Circulation: The Circulation Element provides goals and policies related to the development of a transportation network that would support the existing and planned development in the City, as provided in the Land Use Element. The Circulation Element contains a Circulation Map that designates roadways in the City. The Comprehensive Zoning Code Update would not affect the transportation network in the City and no change to roadway designations are proposed. Potential impacts to traffic and transportation related to future projects would depend on the extent of a proposed project and local conditions. All potential development projects proposed in the future will be required to provide efficient vehicular access to the site and satisfy the parking requirements proposed in the Comprehensive Zoning Code Update. C. Housing: The Housing Element identifies the City's goals, policies, and programs relating to the provision of adequate housing to existing and future residents of the City of Rosemead, by identifying the needs of existing households and projected increase in population. Municipal Code Amendment 10 -07 proposes several amendments to implement the City's Housing Element. Amendments are proposed to include development standards for Emergency Shelters in the M -1 (Light Manufacturing and Industrial) zone, Large and Small Family Day Care Facilities in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), and R -3 (Medium Multiple Residential) zones, Transitional and Supportive Housing in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), and R -3 (Medium Multiple Residential) zones, and provisions for Reasonable Accommodation requests. The proposed amendments would be consistent with State and Federal law and implement the City's Housing Element. D. Resource Management: The Resource Management Element, open space component is to guide and set policy framework for existing and future open spaces for use by residents. The conservation component focuses on protecting and maintaining available natural resources and discouraging wasteful consumption practices. Any proposed development resulting from the Comprehensive Zoning Code Update would be located in a developed urban area, and as such, will not result in any impact upon natural resources. In line with the goals and policies of the Resource Management Element, the Comprehensive Zoning Code Update proposes revised development standards for the City's Open Space zoning district. The revised standards are intended to provide urban relief, recreation, and environmental preservation standards that are consistent with polices of the Resource Management Element. E. Noise: The Noise Element characterizes the existing noise environment, identifies existing noise sources, projects the noise environment at General Plan build out, and provides goals, policies, and programs for maintaining acceptable noise levels. The Rosemead Municipal Code contains an existing Noise Ordinance in Planning Commission Meeting September 16, 2013 Page 12 of 12 Chapter 8.36 of Title 8 of the Rosemead Municipal Code. The Comprehensive Zoning Code Update proposes development performance standards in Article 2 that state that no land use may violate the City's noise standards. F. Public Safety: Impacts to law or fire enforcement, parks, and public facilities are area or community specific. The proposed municipal code amendment would not impact police, fire, or school services, and there would be no change in demand for, or use of public parks. The entire City of Rosemead is located in Flood Zone C (flood insurance is not mandatory) and is free from any flood hazard designations. The public necessity, convenience, and general welfare will be served by the adoption of the Comprehensive Zoning Code Update (Municipal Code Amendment 10 -07 and Zone Change 13 -01). 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 1,000. Lastly, this notice has also been posted in five (5) public locations, specifying the availability of the application, plus the date, time and location of the public hearing. Prepared by: Submitted by: Sheri Bermejo Michelle G. Ramirez City Planner Community Development ' ector Attachments: A. Initial Study and Draft Negative Declaration B. Draft Negative Declaration — Responses to Agency Comments C. Planning Commission Resolution No. 13 -10 D. Planning Commission Resolution No. 13 -11 E. Planning Commission Resolution No. 13 -12 F. Planning Commission Resolution No. 13 -13 G. Staff Recommended Modifications to Draft Zoning Code Update H. Summary of Change (An overview of Municipal Code Amendment 10 -07) I. Comprehensive Zoning Code Update Redlined Version (on file in the City Clerk's Office) J. Title 5, Chapter 5.41 (Home Occupation Ordinance — Proposed Amendments) K. Single - Family Residential Design Guidelines (Proposed Amendments) ATTACHMENT A Reserved ENVIRONMENTAL CHECKLIST FORM CITY OF ROSEMEAD COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 8838 E. VALLEY BLVD. ROSEMEAD, CALIFORNIA 91770 1. Project title: City of Rosemead Comprehensive Zoning Code Update (Municipal Code Amendment # 10 -07 and Zone Change # 13 -01) 2. Lead agency name and address: City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 3. Contact person and phone number: Michelle Ramirez Community Development Director (626) 569 -2140 4. Project location: 5. Project sponsor's name and address 6. General plan designation: 7. Zoning: 8. Project Description. City -Wide City of Rosemead County of Los Angeles City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 City -wide City -wide The Project is a comprehensive update of the City's Zoning Code (Title 17 of the Rosemead Municipal Code) that is pursued to implement General Plan policy and to add provisions mandated by Federal and California State law. Revisions to the City's existing Zoning Map and Single - Family Residential Design Guidelines are proposed to ensure that these documents are internally consistent with the proposed Zoning Code Update. Amendments to the City's existing Home Occupation business license regulations (Title 5 of the Municipal Code, Chapter 5.41 — Home Occupations) are included in the Project for the purpose of allowing Cottage Food Operations (CFOs) as home occupations in residential zoning districts in accordance with State law. Lastly, the Project also proposes the adoption of "City Procedures for Implementation of the California Environmental Quality Act (CEQA)," as State law requires that each city adopt its own procedures for evaluating projects under CEQA guidelines within its jurisdiction. The Zoning Code serves as the primary tool to implement General Plan land use policy. Zoning districts that correspond to General Plan land use designations, establish use regulations, development standards, and design criteria for all type of development in Rosemead. The Zoning Code has not been comprehensively updated since the City incorporated in 1959. The City of Rosemead is proposing comprehensive revisions to the Zoning Code, as well as amendments to the City's Zoning Map, Business Licenses Regulations, Single- Family Guidelines, and new "City Procedures for Implementation of the California Environmental Quality Act (CEQA) ", to: A. Implement the adopted General Plan policies (2008 General Plan Update and 2010 General Plan Amendment); B. Add provisions mandated by Federal and State law; and to C. Improve the administrative function of the Zoning Code in accordance with the City's Strategic Plan, which includes: a. Streamlining the development review processes; b. Increasing the code effectiveness by addressing current land use matters; and c. Improving the organization of the document, as well as clarifying land use terms and procedures. Each part of the proposed Project is described below. The full set of Zoning Code revisions can be reviewed in Appendix "A ", where changes to the existing Zoning Code are shown as green text for code to be added, strikethrough black text for existing code to be deleted, and black text for existing code to remain. Appendix "B" illustrates the proposed Zoning Map changes. Appendix "C" contains the proposed amendments to the existing Home Occupation Business License Regulations relating to the permitting of CFOs in residential dwellings. Appendix "D" contains the revisions proposed to the Single - Family Design Guidelines, and lastly, the proposed "City Procedures for Implementation of the California Environmental Quality Act (CEQA)" are included in Appendix "E." A. General Plan Implementation General Plan Implementation Updates are those that have been proposed to ensure that the goals and policies outlined in the City's 2010 General Plan are implemented. All development related documents adopted by the City must be consistent with the General Plan, as such implementation is required by State law. The updates discussed below are proposed to ensure the Zoning Code the City's General Plan is implemented. 1) Creation of the CI -MU (Commercial Industrial Mixed Use) Zone The General Plan Update established a mixed -use industrial /commercial land use category "to accommodate light industry, research and development, and office uses. The emphasis is on businesses that provide career oriented and trade jobs." (City of Rosemead General Plan Land Use Element) The CI -MU zone has been created to implement the General Plan land use policy. The CI- MU zone is intended to provide heavy commercial and quasi - industrial uses that are consistent with the General Plan Mixed -Use Industrial /Commercial land use designation. Auto - oriented retail, service business, and commercial uses that require heavy equipment may be allowed when designed to meet the needs of the immediate employment population. For the list of permitted uses and location of the proposed zone, please refer to the "Commercial and Industrial land uses and permit requirements in Article 2, Chapter 17.20 of the proposed Zoning Code Update (Appendix "A ") and Zone Change 13 -01 Overview (Appendix "B "). The following development standards are proposed for the CI -MU zone: • Minimum Lot Size: 20,000 square feet • Minimum Lot Width /Depth: 150 feet • Setbacks: o Front: 10 feet • Front Adjoining Residential Zone: 15 feet • Side: None • Side Adjoining Residential Zone: When side abuts side or rear of residential R zone, school, or park a setback equal to the side yard setback of the residential R zone shall be required for a building line of the main structure. Setback area may be used to comply with parking requirements. • Rear: None • Rear Adjoining Residential Zone: When rear abuts side or rear of residential R zone, school, or park a setback equal to side yard setback of residential R zone shall be required for the building line of the main structure. Setback area may be used to comply with parking requirements. • Height: 50 feet • Height Adjoining Residential Zone: The variable height setback is required. 2) Zoning Map Changes and Zone Text Amendments relating to the R -3 (Medium Multiple Density Residential), P -O (Professional Office), and M -1 (Light Manufacturing and Industrial) zones to implement General Plan Land Use Policy 1.7 and Land Use Action 3.4: Foster housing stock and neighborhood revitalization, renovation, and good site /architectural design ( General Plan Land Use Policy 1.7). Whenever and wherever possible, encourage the grouping of certain types of commercial activities that would benefit from this type of development ( General Plan Land Use Action 3.4). The Zoning Code Update proposes to allow a variety of housing types, including single - family dwellings, duplexes, and apartment houses in the R -3 (Medium Multiple Residential) zone upon the approval of a discretionary design review application. In order to foster housing stock and neighborhood revitalization and renovation, as well as encourage the grouping of certain types of commercial activities, the Zoning Code Update proposes to eliminate the possibility of constructing multi - family housing in the P -O (Professional Office) zone. The majority of existing P -O zoned properties that are developed with residential buildings will be reclassified as R -3 zoned properties. This proposed zone change is intended to eliminate the possibility of incompatible land uses (i.e. office buildings) from being built within existing residential neighborhoods. The zone change will result in an increase of R -3 zoned property by approximately ten (10) acres. Upon project approval, the P -O zone will be reduced to 2.19 acres of the City, which will be located along the west side of Rosemead Boulevard between Valley Boulevard and Marshall Street. The proposed map changes are highlighted in Appendix "B ". To further the goal of General Plan Land Use Action 3.4, the Zoning Code Update proposes to restrict land uses to light manufacturing and industrial business activities in the M -1 (Light Manufacturing and Industrial) zone. Currently, the M -1 (Light Manufacturing and Industrial) zone allows any land use that is also permitted in the C -1 (Neighborhood Commercial) and C -3 (Medium Commercial) zones in addition to light industrial uses. 3) Amendments to expand Architectural Design Review and Application Procedures — Implementation of General Plan Land Use Policy 2.7 and Land Use Action 3.7) Establish and apply architectural design review to additions, remodel of existing buildings and new commercial and industrial properties (General Plan Land Use Policy 2.7). Apply design standards for industrial and commercial uses Citywide (General Plan Land Use Action 3.7). The current Zoning Code only requires design review procedures for commercial lots within the D -O (Design Overlay) zone, which is primarily located along Valley Boulevard. Design review procedures have been expanded to cover large commercial and industrial additions, remodels, and new development. Some design standards have also been added to improve the aesthetic quality of future developments. Examples of such revisions include standards for the screening of mechanical equipment, use of fence materials, design of exterior lighting facilities, as well as the addition of development standards for lot area, minimum lot width and depth, and setbacks for improved site planning. The following examples are provided to illustrate the types of changes within this category. Proposals to construct a new building of 3,000 gross square feet or more, or the addition of 3,000 square feet, or an addition that exceeds fifty (50) percent of the existing floor area shall require a discretionary review. (Article 2, Chapter 17.16 - Commercial Zoning Districts and Chapter 17.20 - Commercial and Industrial Zoning Districts). The use of barbed or razor wire, electrified wire, chicken wire and similar small gauge wire or mesh product, plastic, or other materials hazardous to wildlife is prohibited in all commercial, industrial, residential /commercial, and commercial /industrial zones. Chain - link fencing is prohibited on all lots where it is visible from the public right -of -way. (Article 4, Chapter 17.68 — Fences, Walls, and Landscape Screening) All developments shall have exterior lighting that provides adequate visibility at entrances, public sidewalks, open areas, and parking lots with a safe level of illumination at night. Exterior lighting shall be of low intensity and shielded so that light will not spill out onto surrounding properties or project above the horizontal plane. Lighting shall not blink, flash, oscillate or be of unusually high intensity or brightness. Lighting shall be integrated with landscaping wherever possible. (Article 4, Chapter 17.88) 4) Voluntary Green Building Program — General Plan Implementation of Land Use Action 5.13: Consider adopting a "Green Building Program" requiring or encouraging green building practices and materials. The program could be implemented through, e.g., a set of green building ordinances. The City of Rosemead currently requires specific building practices for all new construction and substantial remodels (Title 15, Chapter 15.20 - Green Building Standards Code). The Zoning Code Update proposes encouraging green building practices that go beyond the City's current building standards. Article 4, Chapter 17.96 — Green Building is proposed as a voluntary program that encourages: • Developments that use materials composed of renewable, rather than nonrenewable, resources (green construction materials). • Developments that construct buildings that exceed minimum statewide energy construction requirements. • Developments that employ passive heating and cooling design programs to the maximum extent feasible. Strategies to be considered include orientation; natural ventilation, including cross - ventilation in residential units, high insulation values, energy efficient windows including high performance glass, light colored roofing and exterior walls, window shading, and landscaping that provides shading during appropriate seasons. • The use of trees to shade buildings, roofs and paved surfaces such as streets and parking lots in order to minimize the "heat island" effect and reduce the amount of air conditioning needed. • Developments that implement U.S. EPA Certified WaterSense labeled or equivalent faucets and high - efficiency toilets (HETs), and implement water conserving shower heads in residential uses to the maximum extent feasible. Developments that provide Energy -Star rated appliances in residential units. B. State Law Mandates State law is updated constantly and any State law related to development or land use regulations must be reflected within local zoning codes to ensure consistency between State law and local regulations. Each of the items identified below have been included /updated to ensure the Zoning Code is consistent with California State Law. 1) Article 3, Chapter 17.30 (Standards for Specific Land Uses), Section 17.30.120: Emergency Shelters and Temporary Aid Centers Government Code Section 65583 Senate Bill (SB) 2 requires local jurisdictions to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use permit or other discretionary permit. The identified zone or zones must have sufficient capacity to meet all of the City's identified need for emergency shelters and include appropriate development standards. Currently emergency housing is not a permitted use in any zone within the City. Therefore, the Zoning Code will be amended to become compliant with SIB 2. The City considers the M- 1 (Light Manufacturing and Industrial) zone as the most appropriate for emergency shelters and adequate to meet the City's need for a facility with a capacity for seven (7) beds. Furthermore, Temporary Aid Shelters will be permitted as an accessory use to any "Assembly /Meeting Facility," which includes a "Place of Religious Assembly," when permitted in accordance with the provisions of Article 2 and Article 3. 2) Article 3, Chapter 17.30 (Standards for Specific Land Uses), Section 17.03.160: Large and Small Family Day Care Centers Facilities The current City of Rosemead Zoning Code does not provide regulations for family day care facilities. A Small Family Child Care Home is a day care facility located in a single - family dwelling where an occupant of the dwelling provides care and supervision for eight (8) or fewer children. A Large Family Day Care Home provides care and supervision for nine (9) to fourteen (14) children. Children under the age of ten (10) years old who reside in the dwelling count as children served by the day care facility. Such uses must comply with all applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with Section 1596.70, to be considered a small or large family child care home. A small family, child day care home will be permitted by right in the R -1 (Single - Family), R -2 (Light Multiple Residential), and R -3 (Medium Multiple Residential) zones. Large Family Day Care Home facilities will be permitted upon the approval of an Administrative Use Permit in the R -2 (Light Multiple Residential) and R -3 (Medium Multiple Residential) zones. 3) Article 5, Chapter 17.144 (Reasonable Accommodations) Proposed Chapter 17.144 provides procedures to request a Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Housing Act, and the Americans with Disabilities Act (ADA) (also known as Acts) in the application of zoning laws and other land use regulations, policies, and procedures. 4) Transitional Housing and Supportive Housing The City is not in compliance with State law permitting transitional housing and supportive housing in residential zones. In processing development applications, State law requires these housing types be subject to the same development standards as any permitted residential use under these zones. Therefore, this Zoning Code Update will allow transitional housing and supportive housing in the R -1 (Single - Family), R -2 (Light Multiple Residential), and R -3 (Medium Multiple Residential) zones as a permitted use by right. 5) Cottage Food Operations (CFOs) The recently approved Assembly Bill (AB) 1616, the California Homemade Food Act, allows for Cottage Food Operations in residential districts effective January 1, 2013. A Cottage Food Operation (CFO) is an enterprise at a private home where low -risk foods are prepared or packaged for public consumption. AB 1616 requires local jurisdictions to allow CFOs in residential dwellings. Home businesses are currently permitted in the City of Rosemead as an accessory use to a residence, subject to the provisions in the Title 17 (Zoning) and Title 5 (Business Licenses and Regulations), Chapter 5.41 (Home Occupations). The proposed revisions to the existing Home Occupation Ordinance are consistent with the provisions of AB 1616. Appendix "C" illustrates the revisions proposed to the City's existing Home Occupation Ordinance. 6) City Procedures for Implementation of the CEQA Guidelines State law requires that each city adopt its own procedures for evaluating projects under the California Environmental Quality Act (CEQA) within its jurisdiction. Consistent with Section 15022(d) of the Guidelines, draft procedures are proposed to implement CEQA. The draft procedures are included in this report as Appendix "E." C. Administrative Improvements to the Zoning Code Administrative improvements to the Zoning Code consist primarily of procedural updates and changes for the purpose of simplifying application procedures, updating and adding sections to increase code effectiveness, and amendments to address land use circumstances that are not addressed by the current zoning code. Administrative improvements are also aimed at improving the clarity of language and the overall organization of the document for ease of finding information. 1) Article 5, Chapter 17.120 (Applications and Processing). Chapter 17.120 (Applications and Processing) is proposed to provide procedures and requirements for the preparation, filing, and initial processing of applications for the land use permits required by the Zoning Code. Chapter 17.120 contains a table that lists the various permits, as well as references the designated review and approval authority (Staff, Planning Commission, or City Council) of each of the various land use actions. 2) Procedural Updates to Streamline Development Review Processes. The Zoning Code Update proposes procedural updates to streamline several application processes and to improve application turn - around time by increasing the Community Development Director's review authority. A summary of these new procedures include: b. Article 1, Section 17.04.040 (Interpretation of Provisions) This new procedure will allow the Community Development Director to make interpretations of the Zoning Code as policy decisions, upon following the specified procedure in Article 1, Section 17.04.040. Interpretations would be distributed to the City Council, Planning Commission, City Attorney, City Clerk, and all affected staff when made. Any interpretation can be appealed to the Planning Commission. An interpretation can also be referred to the Planning Commission for their decision. Such interpretation could include a proposed use that is not identified in the Zoning Code if the use is substantially similar to a use that is permitted. c. Article 5, Chapter 17.128 (Administrative Use Permit) The Zoning Code Update proposes an "administrative approval' process to streamline the development review process for certain more ministerial approvals with the Community Development Director. The Administrative Use Permit is intended to allow for public review of land use proposals which are not of sufficient magnitude or complexity to warrant a Planning Commission hearing, but which could have a noticeable impact on the neighborhood. Uses listed in the Zoning Code as requiring an Administrative Use Permit are deemed to possess location, use, building or traffic characteristics of such unique and special form as to make impractical or undesirable, their automatic inclusion as permitted uses. In granting an Administrative Use Permit, certain conditions may be required to protect the public health, safety, convenience, and general welfare and to assure that the purposes of the Zoning Code shall be maintained with respect to the location, use, building, traffic and other impacts of the proposed use and its relationship with other existing and proposed uses in the surrounding area. Examples of uses that will require the approval of an Administrative Use Permit include, but are not limited to 1) Outdoor Dining (if area is greater than 800 square feet) 2) Beauty Health Spas in the C -3 (Medium Commercial) and (Central Business District) zones 3) Massage Establishments in the C -3 (Medium Commercial) and (Central Business District) zones 4) Ambulance Services in the C -3 (Medium Commercial) 5) Studio, Art, Dance, Martial Arts, Music Class (up to 2,000 square feet) in the C -1 (Neighborhood Commercial), C -3 (Medium Commercial), and CBD (Central Business District) d. Article 5, Chapter 17.142 (Minor Exception): The purpose of a Minor Exception is to give the Community Development Director the authority to allow an exception to certain development standards prescribed in the Zoning Code when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of the Code occur by reason of a strict interpretation and enforcement of any of the provisions. The Minor Exception review procedure is also intended to streamline the development review process. The procedure requires written consent from all property owners abutting the property, or a noticed hearing before the Community Development Director if written consent is not achieved. Examples of such exceptions the Community Development Director would have authority to approve include, but are not limited to: 1) Modifications of the rear yard, side yard, lot coverage, driveway, or parking stall size as may be necessary to secure an appropriate improvement of a lot to prevent unreasonable hardship or to promote uniformity of appearance, provided such modifications do not exceed a twenty percent (20 %) variation from existing regulations. 2) Modifications of fence, wall, hedge, sign, swimming pool, and storage regulations, including vehicles, boats, trailers, and campers, as may be necessary to secure an appropriate improvement or use of a lot, provided that such modifications do not exceed a twenty percent (20 %) variation from existing regulations. e. Article 5, Chapter 17.124, Temporary Use Permits and Special Events: The current Zoning Code does not contain provisions for the issuing of permits for temporary uses and special events. A temporary use means a land use that is interim, non - permanent, and /or seasonal in nature, lasting between from one (1) to thirty (30) days, and generally not more than thirty (30) consecutive days in duration. A special event is a short-term event lasting not more than three (3) days. Chapter 17.124 is proposed to allow for short-term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with the proposed standards. The Community Development Director, or his /her designee, will have the authority to issue these types of permits. 3) Appeal Procedures and Requests for Review The purpose of an appeal is to establish procedures for the initiation of a request for review of a decision rendered by the approval body with decision authority on the issue in question. The Zoning Code Update proposes a clear set of standards outlining the appeal process. The proposed Code clearly states that decisions rendered by the Community Development Director or Planning Commission can be appealed to next higher decision making body (i.e. Planning Commission or City Council). The current Zoning Code does not contain the provisions for a "Request for Review" process. The Request for Review process would give any Planning Commissioner or City Councilmember the ability to review a decision made by a lower decision - making body (i.e. Community Development Director or Planning Commission) by filing a written statement with the City Clerk. However, unlike an appeal, a Request for Review does not indicate support for or opposition to such decision, but is submitted because the filer believes that such decision involves a matter of such interest, importance, precedent or significance that such decision should as a matter of policy and planning be made by elected or appointment officials. 4) Improvement Updates for Zoning Code Effectiveness Improvement updates are those proposed to increase the effectiveness of the Zoning Code based upon a comprehensive analysis of the existing standards and current city planning trends. Numerous improvements are proposed under this category, such as new definitions and land use terms, revised development standards for all types of land uses, flexible parking standards to stimulate economic development, and generous, but fair, nonconforming standards that take the current economic climate into consideration while protecting the general welfare of the City. Updates in this category are also intended to make the Zoning Code "user and business friendly," which is a goal of the City's Strategic Plan. A new document format is also proposed to help with the ease of finding information. A list of the most substantial improvement updates is provided below. a. Definitions: Article 1, Chapter 17.04 (General Provisions) 1) New Definitions o Accessory Structure o Accessory Use 0 Acupuncture o Alcohol Sales, Off -Sale o Alcohol Sales, On -Sale o Ambulance Fleet Services o Animal Hospital /Clinic o Animal Grooming o Animal Retail Sales o Apartment studio o Architectural Feature o Assembly/Meeting Facilities, Public or Private o Automated Teller Machine (ATM) o Attic o Automobile Car Wash • Automobile Lube and Tune Facility • Automobile Parts and Accessory Store • Automobile Rental or Leasing • Automobile Repair Garage • Bar /Cocktail Lounge o Basement • Beauty Health /Spa • Beauty shop o Bedroom o Berm • Body Art • Body Art Establishment • Body Branding • Body Scarring • Breezeway • Business and Business Activity • Car Wash • Catering Service • Commercial Recreation • Community Development Director • Conditional Use Permit • Convenience Store • Corner Cutoff Area • Cottage Food Operation • Cultural Institution • Day Care, Limited and General • Child Day Care, Small and Large Family • Disability • Discretionary Permit • Donation Box • Drive- Through or Drive -Up Facilities • Driveway o Easement o Eating and Drinking Establishments (Accessory Food Service, Bars, Lounges, Nightclubs, Taverns, Fast Food, Outdoor Dining, Sit -Down Restaurant, and Take -Out Service) o Eave • Emergency Health Facility • Emergency Shelter • Equipment Rental Yard • Facade • Family • Farmers Market o Financial Service or Institution o Fence • Floor • Floor Area • Fortunetelling • Frontage • Funeral Homes and Mortuaries • General Plan o Glare • Government Facilities • Grade, Existing • Grade, Finished • Group Home • Hardscape • Health /Fitness Facilities (Large and Small) • Hedge • Height of Fence or Wall • Heliport o Helistop o Homeowners Association • Home Occupation • Horticulture (Commercial or Private) • Industry (Light and Heavy) • Intemet/Cyber Caf6 o Kitchen • Landscaping • Laundry and Dry Cleaning Services (Off -Site, On -site, and Self- Service) • Lot Coverage • Lot Line (Front, Interior, rear Side • Lot Width • Manufactured Housing Unit • Massage (Massage Establishment o Mezzanine o Medical Use o Ministerial • Mixed Use Development • Mobile Housing Unit (Mobile Home) o Mobile Home Park o Office (Administrative Business Professional, Government, Medical and Dental) • Open Space • Outdoor Storage • Outdoor Use and Display • Outpatient Surgery Facility • Overhang • Pad, building • Parapet • Parking, Joint Use • Parking, Shared • Parking Space (Garage Parking, Off - Street, On- Street) • Parking Structure o Parks and Recreation Facilities • Parkway • Patio • Patio Cover • Personal Services Business (General and Restricted) • Personal Storage (Mini- Storage or Self- Storage, Indoor Only) • Pharmacy • Places of Assembly • Places of Religious Assembly • Planning Commission or Commission • Pool and Billiard Hall • Porte - Cochere o Postal Services • Printing and Duplicating Services • Public Facility • Queuing Space • Radio/TV Broadcast Studios /Recording Studios, Film TV Studios • Reasonable Accommodation Request • Recharging Station • Recreational Vehicle (RV) • Recycling Facility (Processing Facility) • Research and Development • Residential Care Facility • Residential Use • Retail Store • School, Business or Trade • Screened • Secondhand Store • Setback (Front Yard, Primary Building Line, Rear yard, and Side Yard) 10 • Shopping Center • Single Room Occupancy (SRO) • Specialty Retail (C-4 zone) • Specific Plan • Storage (Accessory, Outdoor, Personal Storage Facility) • Structurally Altered. • Studio - Art, Dance, Martial Arts, Music • Supermarket • Supportive Housing • Swimming Pool • Tandem Parking Stall • Tot Lot • Transitional Housing • Tutoring Services (Large and Small) • Urgent Care Facility • Utilities • Vending Machine • Veterinary Services (Animal Hospital /Clinic • Wall • Warehouse Retail Store • Warehousing • Wholesaling o Wireless Communications Facilities 2) Modified Definitions • Animal Boarding/Kennels • Arcade • Building Height • Carport 0 Dwelling o Dwelling Unit (Multi - Family, Primary, Single - Family, Second, Two-Family) o Educational institute • Floor Area Ratio • Garage • Hospital • Lot Width, Average • Nonconforming Structure • Nonconforming Use • Recycling Facility (Small and Large Collection Facility) • Use • Yard (Yard Area, Required Yard Area, Side, Rear, Front) 3) Removed Definitions • Automobile Auction • Boarding House • Dwelling, Group • Large Collection Facility • Mini Mall Project • Mobile Recycling Unit • Occupancy, Change of • Occupied • Recyclable Material • Story, Half 0 Trailer • Trailer, Travel • Trailer park b. Article 2, Chapter 17.12 (Residential Zoning Districts) 1) Residential Zone Use Changes o Single - Family Dwellings and Two - Family Dwellings (Duplexes) will be permitted in the R -3 (Medium Multiple Residential) zone. 11 • Mobile Home Parks will require approval of a Conditional Use Permit in the R -1, R -2, and R -3 zones. • Child Care Home, Small Family (8 or fewer children) will be permitted in the R -1, R -2, and R -3 zones. • Child Care Home, Large Family (9 to14 children) will require the approval of an Administrative Use Permit in the R -2 and R -3 zones. • Residential Care Facilities (6 or fewer individuals) will be permitted in the R -1, R -2, and R -3 zones. • Residential Care Facilities (7 or more individuals) will require the approval of a Conditional Use Permit in the R -2 and R -3 zones. • Transitional Housing and Supportive Housing will be permitted use in the R -1, R -2 and R -3 zones. • Temporary Uses and Special Events will be subject to the approval of an administrative permit. • Home Occupation Ordinance has been updated to include Cottage Food Operations. • The following uses are no longer allowed upon the approval of a Conditional Use Permit in residential zones: • Airports or aircraft landing fields; • Institutions of a philanthropic or eleemosynary nature; • Golf courses and country clubs; • Storage facilities; • Wholesale nurseries • The installation and /or use of equipment utilizing cogeneration. ( "Cogeneration" means the sequential use of energy for the production of electrical and useful thermal use followed by power production or the reverse); • Hospitals, sanitariums and ancillary uses; and • Medical clinics for the treatment of contagious diseases, mental illnesses, or substance abuse (liquor, drugs, etc.) cases. 2) Residential Development Standards o District Specific Requirements • A minimum of 20% of the entire R -1 and R -2 parcels shall be landscaped with plant materials. Any other portions of the lot can be any other type of landscape material. • Total floor area of the second floor, including areas designated as covered or uncovered balconies, shall not exceed 75% of the floor area of the first floor. For this calculation, floor area of the first floor shall only include the first floor living area, and any floor area designated as garage floor area if the garage is attached. o Appendix "D" contains the revisions to the City's existing Single - Family Design Guidelines, which are proposed to ensure consistency with proposed Residential Zoning Code amendments. c. Article 2, Chapter 17.16 (Commercial Zoning Districts) 1) Commercial Zone Use Changes o Multi - Family housing will not be permitted in the P -O (Professional Office) zone. 12 • Open Air Markets held on a recurring basis, such as farm or craft markets, may be permitted upon the approval of a Conditional Use Permit in the C -3 and CBD zones. • Outlet centers are permitted in the C -3 zone. • Warehouse retail stores are permitted in the C -3 upon the approval of a Conditional Use Permit. • Outdoor dining (up to 800 s.f.) will be permitted as an accessory use and will not impact parking requirements of an eating establishment. • Several Automotive - related uses, such as Automobile Repair, Auto Auctions, Auto part installation will no longer be allowed in the C -3 zone with the approval of a Conditional Use Permit. • Automotive Lube and Tube facilities will be allowed upon the approval of a Conditional Use Permit in the C -3 zone. • Fortune telling will require the approval of an Administrative Use Permit in the C -3 zone. The use is currently allowed as a permitted use by right. • Massage services will require the approval of an Administrative Use Permit in the C -3 zone. The use is currently allowed as a permitted use right in all commercial zones. • Antique stores will be permitted in the C -1, C -3, and CBD zones. This use currently requires the approval of a Conditional Use Permit. • Private automotive parking facilities will be permitted upon the approval of a Conditional Use Permit in the C -3 and CBD zones. • Small tutoring facilities for not more than five (5) students will be permit in the P -O, C -1, C -3, and CBD zones. Currently all types of tutoring facilities require the approval of a Conditional Use Permit. • Health fitness facilities and Art, Dance, Music, and Martial Arts Studios (up to 2,000 square feet) will be permitted upon approval of an Administrative Use Permit in the C -3 and CBD zones. Larger facilities will require the approval of a Conditional Use Permit. 2) Commercial Development Standards • Development standards, such as lot area minimums and setback requirements have been added to all commercial zones. The current code did not contain such requirements. • A new restriction is proposed on the division of space. Each lease space will need to contain a minimum of eight hundred (800) square feet of building area. • A discretionary design review will be required for any proposal to construct a new building of 3,000 gross square feet or more; or the addition of 3,000 square feet of more within a one year period, or an addition that exceeds fifty (50) percent of the existing floor area. All other proposals (smaller buildings and additions and interior tenant improvements) will only require staff review. The current code limits discretionary design review to improvements made within the Design Overlay zone. d. Article 2, Chapter 17.20 (Commercial and Industrial Zoning Districts) 1) Business and Industrial Zone Use Changes o Currently any use permitted in a commercial zone is also permitted in the M -1 zone. The Zoning Code Update proposes to limit the uses in 13 the CI -MU and M -1 zones to career oriented, research and development, office, and industrial uses. o The CI -MU zone is a new zone that will allow heavy commercial and quasi - industrial uses. Commercial retail uses will only be permitted as an accessory use. 2) Business and Industrial Commercial Development Standards • Development standards, such as lot area minimums and setback requirements have been added to the CI -MU and M -1 zones. The current code did not contain such requirements. • A discretionary design review will be required for any proposal to construct a new building of 3,000 gross square feet or more; or the addition of 3,000 square feet of more within a one year period, or an addition that exceeds fifty (50) percent of the existing floor area. All other proposals (smaller buildings and additions and interior tenant improvements) will only require staff review. The current code limits discretionary design review to improvements made within the Design Overlay zone. e. Article 2, Chapter 17.24 (Special Purpose Zoning Districts). 1) Special Purpose Zone Use Changes • Automobile Parking (P) zone has been updated to provide for specialized facilities that serve a critical but single purpose need for automobile parking. • Planned Development (P -D) zone has been revised to clarify that institutional uses are permitted, in addition to commercial and residential uses. 2) Special Purpose Zones - Development Standards • Development standards, such as lot area minimums and setback requirements have been added to the P and O -S zones. The current code did not contain such requirements. • The Planned Development approval process has been simplified. Only two public hearings will be required instead of three. • The open space percentage requirements in the P -D zone have been eliminated for flexibility, and language defining when a PD plan becomes expired, null, and void has been refined for clarity. f. Article 2, Chapter 17.28 (Overlay Zones) • Mixed -use projects in the RCMUDO (Residential Commercial Mixed -Use Overlay zone will only require the approval of the Planning Commission. Currently, such projects require City Council approval upon receiving a recommendation of approval from the Planning Commission. g. Article 3 (Supplemental Regulations). • A separate Article has been created for special standards and provisions that will be dedicated to specific land uses. Article 3 is proposed to provide specific standards for the following uses: • Adult Businesses (existing standards) • Alcohol Beverages (revised standards) • Automated Teller Machines (ATMs) (new standards) • Automobile Car Wash (revised standards) 14 • Automotive Lube and Tune Facility (revised standards) • Automotive Service Station (revised standards) • Body Art (new standards) • Donation Boxes (new standards) • Drive - through Facilities (new standards) • Emergency Shelters and Temporary Aid Centers (new standards) • Hotels and Motels (existing standards) • Internet Cafe and Game Arcades (revised standards) • Karaoke KTV Studios (existing standards) • Large and Small Family Day Care Facilities (new standards) • Outdoor Dining (new standards) • Recycling Facilities (revised standards) • Second Dwelling Units (existing standards) • Single Room Occupancy (SRO) (new standards) • Accessory Structures (revised standards) • Condominiums (revised standards) • Mobile Home Park and Park Conversions (revised standards) • Wireless Facilities (minimal revision to standards) h. Article 4, Chapter 17.72 (Nonconforming Uses, Structures, Lots, and Parking Facilities) The Zoning Code Update proposes to eliminate the original abatement clauses that were not enforceable in the current code and replace them with clear standards for the purpose of encouraging the continued improvement of the City by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while allowing for some improvements to their appearance. Most cities have termination and abatement clauses ranging from ninety (90) days for some nonconforming uses and up to fifty (50) years for nonconforming structures, depending on the use and structure type. The City of Rosemead currently has a termination and abatement clause, but it was never enforced because there were no clear provisions to implement the process. The revised standards are intended to be business friendly and not detrimental to the economic vitality of the community, while still providing a process to eliminate nonconforming uses and structures to protect the general welfare of the City. Examples of the revisions include: 1) Maintaining the existing abandonment or discontinuance of use clause: A nonconforming use that has been abandoned or has been discontinued for a period of one (1) year shall not be reestablished and any subsequent reuse or any new use established shall conform to the current provisions of this Title. 2) Maintaining the existing change of use clause: A nonconforming use that is changed to, or replaced by a conforming use shall not be reestablished. 3) Adding a new provision for existing Variances and Conditional Use Permits in effect: No use, building, or structure shall be defined as nonconforming for the purpose hereof, where it was previously authorized by a zone variance or conditional use permit, so long as the use, building, or structure conforms with the terms and conditions of the variance or conditional use permit. The variance or conditional use permit must be validly issued and remain unrevoked and unexpired. 4) Adding a new provision for loss of legal nonconforming status: The 15 right to continue a nonconforming use shall terminate when it is determined to be a public nuisance. 5) Adding a provision to allow limited beautifying improvements to legal nonconforming structures: The update proposes to allow changes to interior partitions or other non - structural improvements. A limited expansion on a existing legal nonconforming single - family home or duplex due to side yard setbacks may be permitted if the new addition is less than fifty (50) percent of the existing units area and the expansion does not increase the degree of nonconformity. 6) Adding new provisions for structures that are nonconforming due to lack of parking. The current Zoning Code contains a list of uses that can occupy a structure if the nonconformity is only due to lack of parking. However, the list is limited and contains numerous outdated uses. The Zoning Code Update proposes that any structure that is nonconforming due to parking may change to another use so long as the new use is permitted in the zoning district and does not require any more parking than the current use within the structure. 7) Creation of Exceptions for Single - Family Residential Land Uses in Non - Residential Zones. This section has been added to allow all properties zoned non - residential that were previously zoned residential to maintain some development rights under residential zoning as long as the site is not developed as non - residential. The exception would allow property owners to maintain rights to build, rebuild, and expand under the R -1 (Single - Family) residential zone designation. Properties will lose their ability to build or rebuild if the site is developed as non - residential. Furthermore, any residential development that does not conform to the R -1 floor area ratio and density limitations would not qualify. i. Article 4, Chapter 17.112 (Off- Street Parking and Loading) Over the years the City Council and the Planning Commission have expressed the need to review and update the City's parking codes and standards. This is partly due to on -going issues with shortage of parking within the City's commercial centers. Revisions to Off - Street Parking and Loading requirements have been made to expand land uses and their parking requirements, create more detailed design standards, organize all parking ratio requirements into an easy to read summary table, and provide provisions for creative parking solutions. The following are examples of the proposed revisions: 1) Calculation /Rounding of quantities: When the calculation of the required number of off - street parking spaces results in a fraction of 0.50 or greater, the total number of spaces shall be rounded up to the nearest whole number. Numbers that result in a fraction lower than 0.5 may be round down to the nearest whole number. The current code requires all fractions to be rounded up to the next highest whole number. 2) Alternative Parking Provisions: • Parking requirement determined by parking study: In the event the proposed land use is for a multi- tenant and /or mixed use development or involves a Specific Plan or Planned Development Permit, the Director may authorize the preparation of a parking study to determine the required number of parking spaces as an alternative to the number of off - street parking as outlined in the "Off- Street Parking Requirement Table" subject to the approval of a Conditional Use Permit. • Shared /Joint Use and Off -Site Parking. The Director shall be the designated review authority for the review and approval of any proposal shared, joint use, or off -site parking arrangements, unless such parking is included in an application requiring approval of another review authority. 3) Revised Parking Space Dimensions: Non - residential parking stalls will be reduced from nine (9) feet wide by twenty (20) feet deep to nine (9) feet wide by eighteen (18) feet deep. Two -way Driveway width will be increased from twenty -five (25) feet to twenty -five (25) feet. 4) Provisions for Valet Parking: Valet parking will be permitted for commercial uses subject to the approval of an Administrative Use Permit. General "Clean -ups" "Clean -ups" consist of correcting spelling and punctuation errors, grammatical improvements, and increasing the clarity in a number of sections of the Zoning Code that remain otherwise unchanged. Clean -ups also include re- arrangement of the existing Zoning Code sections to improve the organization of the document. One example of this includes the new document format. The updated document has been divided into six (6) articles, and each of the articles have been broken down into specific land use chapters to improve the ease of finding information. A comprehensive table of contents is included in the update. New graphics and tables have also been included to summarize regulations and design objectives in a visual format that makes the information more understandable to a layperson. 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 54,464 people'. 1 Department of Finance - Demographic Research Unit — Report E -5 17 REGIONAL MAP W �IL3 Amp- 10. Framework for Environmental Analysis. The objectives of the proposed Project are to implement the recently updated General Plan land use policies and goals, pursuant to State law, to update design standards to improve overall aesthetics of development, to improve the administrative process through application procedural updates, to improve the effectiveness of the current Zoning Code through regulation updates, and provide an overall "cleaning up" of the document. No direct physical impacts on the environment would occur, because no particular land use activity, development project or construction project would be iR1 authorized as part of this project. The provisions of the proposed Zoning Code Update, including the amendments to the Home Occupation business license regulations, Single - Family Design Guidelines, and new "City Procedures for Implementation of the California Environmental Quality Act (CEQA)," will be applied to future land use and development proposals. This Initial Study has been prepared to determine if there could be any significant, long -term environmental effects linked to the proposed zoning standards that would not occur under existing standards and regulations. This includes consideration of any significant changes in the environment or pertinent regulatory programs that could affect a determination of a significant effect. Tiering upon General Plan EIR A "tiered" environmental impact analysis ( "tiering ") involves the incorporation by reference of generalized discussions from a previous Environmental Impact Report (EIR) into a subsequent environmental document in order to focus the discussion on the action under review. Section 15152 of the California Environmental Quality Act encourages lead agencies to tier environmental analyses to avoid repetitive discussion within subsequent environmental documents and focus on issues directly related to the topic of evaluation. The tiering process focuses the discussion of environmental impacts on issues directly affected by actions that are unique to the site or project under review and could not have been examined at the conceptual and programmatic level of the previous EIR. In this way, the tiered analysis can identify measures designed to reduce or avoid the environmental impacts that are unique to the proposed action. Tiering is appropriate in situations where the proposed action is consistent with the General Plan or where changes in zoning will produce conformity with the General Plan. The Final EIR (FEIR) for the 2008 City of Rosemead General Plan Update (State Clearinghouse No. 2007111090) and Addendum to the FEIR certified on April 13, 2010 for the 2010 General Plan Amendment analyzed the both the General Plan and Zoning Code Update based on changes required by the General Plan to implement General Plan programs and policies. Zone changes include updates to zoning district classifications to include revised uses and development standards. Updates to the City's Zoning Map were also studied. The project environmental analysis of the 2008 FEIR and 2010 Addendum consisted of the evaluation of these assumed changes in comparison to the current Zoning Code. The proposed Project has been prepared to implement the City's General Plan goals, policies, and programs. Accordingly, this Initial Study is tiered upon the certified FEIR for the 2008 City of Rosemead General Plan Update and its certified 2010 Addendum. 11. 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. 19 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 ❑ Biological Resources ❑ Greenhouse Gas Emissions ❑ Land Use /Planning ❑ Population /Housing ❑ Transportation/Traffic El Air Quality ❑ Resources Resources ❑ Cultural Resources E] & Hazardous ❑ Materials Materials ❑ Mineral Resources ❑ Public Services ❑ Utilities /Services Systems ❑ Air Quality ❑ Geology /Soils ❑ Hydrology/Water Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: 0 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ 1 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. ❑ I 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. Signature Date Sheri Bermeio City Planner 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. 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). 5. 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. 21 ENVIRONMENTAL CHECKLIST a) Less than Significant Impact. Many properties within Rosemead offer distant views of the San Gabriel Mountains, and properties adjacent to the Whittier Narrows Golf Course and the Rio Hondo River have views of these local resources. The mountains, golf course, and river do not represent unusual, unique, or singularly spectacular scenic resources, although they do provide a visual contrast to the urban features of the City. Development pursuant to the implementation of General Plan policy through the Zoning Code Update, and related amendments to the Home Occupation Business License Regulations and Single - Family Design Guidelines, will generally preserve existing views, as development will continue to be largely low scale in character throughout the City. Although a less restrictive variable height requirement is proposed for nonresidential developments to achieve building design creativity, future development is still expected to be low scale in nature. This new requirement will both limit the maximum height of new development to fifteen (15) within setbacks adjacent to residential zones, as well as maintain the existing maximum height limitations currently established in all zones, with the exception of the CBD (Central Business District) zone. A maximum height reduction is proposed in the CBD zone from "no height limitation" to a maximum of fifty (50) feet. The Zoning Code amendments will allow a provision for exceptions to height limit through the application of a discretionary site plan and design review process if it is determined that the additional height would provide unique architectural elements that would enhance the project overall. However, the potential effects will be limited to properties in the immediate vicinity of new development. Furthermore, such request will require a separate environmental analysis in accordance with the proposed "City's Procedures for Implementation of the California Environmental Quality Act ", as well as a discretionary design review public hearing before the Planning Commission. Lastly, viewsheds have not been identified as a local resource in the City's General Plan. Impact will be less than significant. 22 Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact 1. Aesthetics Would the project. Potentially Less Than Less Less Than No Environmental Issues Significant Significant Impact Mitigation Impact a) Have a substantial adverse effect on a scenic ❑ ❑ M ❑ vista b) Substantially damage scenic resources, including, but not limited to, trees, rock El 1-1 El outcroppings, and historic building within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ® ❑ surround d) Create a new source of substantial light or glare which would adversely affect day or nighttime ❑ ❑ ❑ views in the area? a) Less than Significant Impact. Many properties within Rosemead offer distant views of the San Gabriel Mountains, and properties adjacent to the Whittier Narrows Golf Course and the Rio Hondo River have views of these local resources. The mountains, golf course, and river do not represent unusual, unique, or singularly spectacular scenic resources, although they do provide a visual contrast to the urban features of the City. Development pursuant to the implementation of General Plan policy through the Zoning Code Update, and related amendments to the Home Occupation Business License Regulations and Single - Family Design Guidelines, will generally preserve existing views, as development will continue to be largely low scale in character throughout the City. Although a less restrictive variable height requirement is proposed for nonresidential developments to achieve building design creativity, future development is still expected to be low scale in nature. This new requirement will both limit the maximum height of new development to fifteen (15) within setbacks adjacent to residential zones, as well as maintain the existing maximum height limitations currently established in all zones, with the exception of the CBD (Central Business District) zone. A maximum height reduction is proposed in the CBD zone from "no height limitation" to a maximum of fifty (50) feet. The Zoning Code amendments will allow a provision for exceptions to height limit through the application of a discretionary site plan and design review process if it is determined that the additional height would provide unique architectural elements that would enhance the project overall. However, the potential effects will be limited to properties in the immediate vicinity of new development. Furthermore, such request will require a separate environmental analysis in accordance with the proposed "City's Procedures for Implementation of the California Environmental Quality Act ", as well as a discretionary design review public hearing before the Planning Commission. Lastly, viewsheds have not been identified as a local resource in the City's General Plan. Impact will be less than significant. 22 b) No Impact. No state scenic highways traverse Rosemead. Thus, no impact will result c) Less than Significant Impact. The City of Rosemead General Plan Land Use Element contains goals, policies, and implementation measures intended to improve community -wide appearance and the character of Rosemead. The Project proposes to implement these goals and policies through updates to the Zoning Code, Home Occupation business license regulations, Single - Family Design Guidelines, as well as the adoption of Local CEQA Guidelines for the purpose of complying with State law and promoting high quality design and development within the City. Design review procedures have been expanded within the proposed Zoning Code Update to cover large commercial and industrial additions, remodels, and new development throughout the City. Currently, discretionary design review procedures are limited to properties located in the D -O (Design Overlay) zone. New design standards have also been added to improve the aesthetic quality of development. Examples of such revisions include standards for the screening of mechanical equipment, use of fence materials, design of exterior lighting facilities, as well as the addition of development standards for lot area, minimum lot width and depth, and setbacks for improved site planning. Lastly, in order to foster housing stock and neighborhood revitalization and renovation, as well as encourage the grouping of certain types of commercial activities, the Zoning Code Update proposes to eliminate the possibility of the grouping and construction of incompatible land uses adjacent to each other. The grouping of incompatible land uses can potentially affect the character of a neighborhood, and could even lead to blighted conditions. The current code allows the construction of multi - family housing within the P -O (Professional Office) zone. Over the years this has created some issues with big office buildings surrounding residential development. Therefore the majority of existing P -O zoned properties that are developed with residential buildings will be reclassified as R -3 (Medium Multiple Residential) zoned properties. Revisions are also proposed to restrict land uses to light manufacturing and industrial uses in the M -1 (Light Manufacturing and Industrial) zone so that such uses can benefit from one another. Currently, the M -1 zone allows manufacturing and light industrial uses as well as any commercial use permitted in the C -1 (Neighborhood Commercial) and C -3 (Medium Commercial) zones. These new development standards and zone changes will work to mitigate potential impacts of individual developments to a less than significant level. d) No Impact. New development standards are proposed in Article 4 (Chapter 17.88 - Lighting) for lighting in multifamily residential and nonresidential zoning districts that address location, design, glare, and shielding of light sources. The existing code does not contain such standards. Therefore, no impacts will occur upon the adoption of these new standards. 23 2. Agriculture and Forestry Resources In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Potentially Less Than Lass Than SigW� nt No Environmental Issues Significant Significant Impact Mitigation Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the 11 El E] Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, ❑ ❑ ❑ or a Williamson 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 ❑ El El forest land to non - forest use? e) Involve other changes in the existing environment which, due to their location or El El El nature, could result in conversion of Farmland, to non - agricultural use? a) through e) No Impact. According to the California Division of Farmland Mapping and Monitoring Program, no agricultural land or Williamson Act contracts exist within Rosemead. Development in accordance with the proposed Project will not result in the conversion of farmland classified as Prime, Unique or of Statewide Importance to non - agricultural use; not conflict with existing zoning for agricultural use or a Williamson Act contract; or not involve other changes that could result in the conversion of farmland to non - agricultural use. The City and surrounding area is fully urbanized. There are no agricultural or forest land uses in the area. Therefore, no conversion of farmland or forest land to non - agricultural or non - forest uses will occur. 24 3. Air Quality Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Less Than Significant Less Than No Environmental Issues Significant Significant Impact Impact Mitigation Impact a) Conflict with or obstruct implementation of the ❑ ❑ ❑ 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 _ ❑ ❑ ® ❑ pollutant concentrations? e) Create objectionable odors affecting a ❑ ❑ ❑ substantial number of people? a) No Impact. The City of Rosemead lies within the South Coast Air Basin (SCAB), a 6,600 - square -mile coastal plain bounded by the Pacific Ocean to the west and the San Gabriel, San Bernardino, and San Jacinto mountains to the north and east. SCAB is under the jurisdiction of the California Air Resources Board (GARB) and the South Coast Air Quality Management District ( SCAQMD). SCAQMD regulates air quality improvement programs within the SCAB and works to improve regional air quality to achieve Federal and State standards. The City of Rosemead 2008 General Plan Program EIR and 2010 Addendum determined that the General Plan Update to be consistent with the 2007 Air Quality Management Plan (AQMP) for the SCAB. The Land Use Element, Circulation Element, and Resource Management Element of the General Plan include policies and actions designed to ensure land use decisions work to implement and comply with Federal, State, and local regulations pertaining to air quality. The proposed Project would not affect the implementation of the AQMP or the policies in the City's General Plan. The primary objective of the Project is to implement the General Plan and incorporate Federal and State law provisions in Zoning Code. This includes adopting Local CEQA Guidelines to ensure quality design and development in the City. Therefore, no conflict with the regional air quality plan will result, and no adverse impacts will occur as a result of the project. b) Less than Significant Impact. No new sources of air pollutant emissions would occur as a result from the proposed Project; therefore, potential impacts would be no worse and no additional control measures would be warranted beyond than those identified in the 2008 General Plan Program EIR and 2010 Addendum. Approval of the Project would not authorize any types of land uses that generate significant air quality impacts. The proposed 25 amendment to the Home Occupation business license regulations will expand home occupation licenses to include Cottage Food Businesses. However, this type of business involves preparing food for sale within an existing residence, utilizing the residential kitchen. This type of use is not anticipated to create additional air pollution and objectionable odors. Specific types of emissions and emission levels associate with future land use proposals, not including Cottage Food Operations, cannot be determined until such a proposal is submitted for City review. The Project would not result in violation any air quality standard or contribute substantially to an existing or projected air quality violation that was not anticipated in the 2008 General Plan EIR and 2010 Addendum. c) Less than Significant Impact. Approval of the proposed Project would not authorize any types of land uses that generate significant air quality impacts. The proposed amendment to the Home Occupation business license regulations will expand home occupation licenses to include Cottage Food Businesses. However, this type of business involves preparing food for sale within an existing residence, utilizing the residential kitchen. This type of use is not anticipated to create additional air pollution and objectionable odors. Specific types of emissions and emission levels associate with future land use proposals, not including Cottage Food Operations, cannot be determined until such a proposal is submitted for City review. The Project would not result in violation any air quality standard or contribute substantially to an existing or projected air quality violation that was not anticipated in the 2008 General Plan EIR and 2010 Addendum. The updated Zoning Code would not result in emissions of criteria pollutants that were not anticipated in the 2008 General Plan EIR and 2010 Addendum. d) Less than Significant Impact. Specific types of emissions and emission levels associated with any future land use proposal cannot be determined until such a proposal is submitted for City review. Since the proposed Zoning Code Update is consistent with the 2010 General Plan Update, potential future infill or redevelopment pursuant to the Zoning Code Update would not result in land use types or intensities not anticipated by the General Plan, the 2008 General Plan Program EIR, or 2010 Addendum. The proposed updates would not authorize any activities that would result in release of substantial concentrations of air pollutants or potential impacts to sensitive receptors that would not differ from what was contemplated in the General Plan Program EIR. e) No Impact. None of the proposed Zoning Code amendments involving regulations on the location or type of land uses would authorize any activity known to generate odor problems. In addition, Article 2, Chapters 17.16 (Commercial Zoning Districts) and 17.20 (Commercial and Industrial Zoning Districts), Article 3 (Regulations for Special Uses and Standards), and amendments to Title 5 (Business Licenses and Regulations) of the Municipal Code propose provisions for the avoidance or suppression of odors that could result from residential and non - residential uses. Therefore, potential effects involving malodors would not be affected by the Zoning Code Update. 26 4. Biological Resources Would the project: Potentially Less Than Less Than Significant Environmental Issues Significant Significant pact Impact Mitigation Impact 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 Servic 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 E] ® El to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or ot her 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? e) Conflict with any local policies or ordinances _ protecting biological resources, such as a tree ❑ ❑ ❑ preserva policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community E] El El Conservation Plan, or other approved local, regional, or state habitat conservation plan? a) Less than Significant Impact. As stated in Section 4.3 of the 2008 General Plan Program EIR, the City of Rosemead is substantially built out and what open space exists in the City consists of managed parks and scattered, small, disturbed vacant lots. Little habitat exists for any special status species to thrive in the City. Under the Endangered Species Act (ESA), Critical Habitat is designated and mapped for any threatened or endangered species. The El Monte Quadrangle included three potential species with Critical Habitat, the coastal California gnatcatcher, the least Bell's vireo and the southwestern willow flycatcher. No Critical Habitat for the coastal California gnatcatcher, least Bell's vireo, or the southwestern flycatcher is located in the City. Therefore, impact to these species will be less than significant as a result of the proposed Project. b) through d) Less than Significant Impact. As indicated in the 2008 General Plan Program EIR and 2010 Addendum, the City is substantially built out and contains little natural habitat. Riparian habitat is limited due to the channelization of local streams. The City contains no 27 wetlands as defined by the Clean Water Act. There are no wildlife corridors in the City due to urbanization. Streams that run through the City are not utilized as migratory routes by fish. The City does not contain any wildlife nursery sites. The limited riparian habitat may have some minor impacts; however, they will be less than significant. e) No Impact. The City has an adopted oak tree preservation ordinance (See Article 4, Chapter 17.104 — Oak Tree Preservation). This ordinance sets provisions to create favorable conditions for the preservation and propagation of oak trees due to there historical, aesthetic, and ecological benefits. f) No Impact. The City is not located within the boundaries of a Habitat Conservation Plan or a Natural Community Conservation Plan. The City is not located within the boundaries of any additional local or regional conservation plans. No impact will occur. s tvulEura4 r �� fYd_ 6lkl'e . ILL Potentially Less Than Significant Than No Environmental Issues Significant with significant Significant Impact Impact Mitigation Impact 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 E] El ® ❑ interred outside of formal cemeteries? a) Less than Significant Impact. The City of Rosemead is home to Savannah Memorial Park, which is the oldest non- sectarian cemetery in Southern California. The cemetery has been in continuous operation since its founding in 1850. It was designated a California Historic Landmark (No. 1046) in March 2012. Savannah Memorial Park served El Monte, the first American settlement in Southern California (California Landmark No. 975) and the end of the Santa Fe Trail, as well as surrounding areas. The cemetery is currently surrounded by urbanized development and is visibly accessible from two major thoroughfares in the City of Rosemead, Mission Drive to the north, and Valley Boulevard to the south. Savannah Memorial Park encompasses an area of approximately 4.5 acres in size and there are more than 3,700 documented burials. The Zoning Code Update, and related amendments to the Single - Family Design Guidelines and Home Occupation business license regulations, is not proposing a project that will impact this California Historic Landmark. Any potential future project proposed within proximity of this site, would be required to be addressed as part of the CEQA documentation for that individual project. Virtually, all new development activity will occur on previously developed sites. At the programmatic level, impact is considered less than significant. M. b) through d) Less than Significant Impact. Rosemead is located in an area that has attracted humans in historic times. However, the City is largely built out and does not contain any known archaeological or paleontological resources. The potential for uncovering such significant resources within the city is considered remote. The historic site of the original site of the San Gabriel Mission before it moved to the City of San Gabriel is located to the south in Montebello, and the San Gabriel mission is located to the east in San Gabriel. Having no known archaeological resources does not mean that no such resources can be uncovered during new construction or earth movement. If any archaeological or paleontological resources or human remains that were not previously disturbed are uncovered during construction of future development projects pursuant to the proposed zoning code regulations, then the significance of resources would be determined and addressed as part of the CEQA documentation for that individual project. Virtually, all new development activity will occur on previously developed sites. At the programmatic level, impact is considered less than significant. 6. Geology and Soils Would the project: Potentially Less Than Less Less Than No Environmental Issues Significant Significant ficant Impact Impact Mitigation Impact 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 Sp ecial Publicat 42. ii) Strong seismic g round shaking ❑ ❑_ _ ® El Iii) Seismic - related ground failure, Including E] ❑ ® El liquef 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? 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 El E] ® El systems where sewers are not available for the disposal of wastewater? 29 a) i. through a) iii Less than Significant Impact. Like many communities in Southern California, Rosemead is located in a seismically active region where geologic conditions include active faults and the potential for large earthquakes with associated potential adverse affects. The City's General Plan identifies the regional network of faults that have the potential to cause substantial groundshaking and seismic - related hazards in Rosemead. Additional buried faults may underlie the City, as inferred from groundwater investigations. The General Plan indicates known fault zones that have the greatest potential to result in substantial groundshaking in Rosemead. The two major fault zones located near the City are the Raymond Hill fault (approximately two miles to the north) and the Whittier - Elsinore fault, located approximately five miles to the southeast. Most significantly, Rosemead sits atop the Los Angeles section of the Elysian Park blind thrust fault. Two inactive fault traces traverse the city from the northwest to the southeast, generally parallel to the active Alhambra Wash and Rubio Wash. A portion of the Alhambra Wash fault has been designated an Alquist- Priolo earthquake fault zone. The adoption of the Zoning Code Update, and related amendments to the Home Occupation business license regulations and Single- Family Design Guidelines, will not directly result in any development activity. However, the current Land Use Element of the General Plan establishes land use policies that will allow for new development, some of which may occur in areas subject to seismic and geologic hazards. Per City and State building codes, (the City has adopted the California Building Code as amended by the Los Angeles Building Code) all new development is required to incorporate appropriate design and construction measures to guard against groundshaking hazards. Compliance with these existing seismic safety building standards will reduce potential groundshaking hazards to below a level of significance. a) iv. No Impact. Rosemead sits on an alluvial fan that slopes gently away from the San Gabriel Mountains. Throughout the City, the terrain can be characterized as generally flat, with no hill slopes or other topographic features where landslides could occur. Thus, no impact will result. b) Through d) Less than Significant Impact. The City of Rosemead is largely built out, and very little area remains where native soils are exposed. Development that will occur as a result of the adoption of the Zoning Code Update will result in new buildings and improvements replacing existing buildings and site improvements. During construction activity, developers will be required to comply with City ordinances that require erosion control. All development projects involving excavation will be required to incorporate appropriate engineering measures required by the City to guard against subsurface impacts. Impact will be less than significant. e) Less than Significant Impact. All new development is required to connect to the sanitary sewer system. No septic systems will be permitted; thus, impact is less than significant. 061 a) Less than Significant Impact. The proposed zoning changes could potentially result in minor differences in land use intensities involving building bulk, but no difference in the types of land uses or potential sources of greenhouse gas emissions. All future development would be subject to whatever energy efficiency standards are in effect at the time. Travel destinations and modes of travel would not be affected by the proposed zoning changes; therefore, vehicular sources of greenhouse gas emissions would not change compared to what could occur under the present zoning regulations. b) Less than Significant Impact. The Circulation Element and Resource Management Element of the Rosemead General Plan identifies a number of policies and implementation actions that will contribute to the reduction of greenhouse gas emissions from various sources, including automobile travel and energy consumption. The proposed Project would not change or conflict with any of these policies or regulations. A variety of standards and regulations have been passed in California since the 1970s that are aimed at reducing greenhouse gas emissions and mitigating potentially adverse effects of climate change. Chief among these is Assembly Bill 32, the California Global Warming Solutions Act of 2006 (AB 32). AB 32 requires that statewide greenhouse gas emissions be reduced to 2000 levels by the year 2010, 1990 levels by the year 2020, and to 80 percent less than 1990 levels by year 2050. The California Air Resources board (GARB) adopted a Scoping Plan in December 2008 that identifies strategies to meet the deadlines of AB 32. Key elements of the plan are: • Expanding and strengthening existing energy efficiency programs as well as building and appliance standards. • Achieving a statewide renewable energy mix of 33 percent. • Developing a California cap- and -trade program that links with other Western Climate Initiative partner programs to create a regional market system. • Establishing targets for transportation - related GHG emissions for regions throughout California, and pursuing policies and incentives to achieve those targets. • Adopting and implementing measures pursuant to State laws and policies, including California's clean car standards, goods movement measures, and the Low Carbon Fuel Standard. • Creating target fees, including a public goods charge on water use, fees on high global warming potential gases, and a fee to fund the administrative costs of the State's long- term commitment to AB 32 implementation. In 2008, Senate Bill 375 (SB 375) was adopted to implement AB 32 goals for reduction of transportation -based greenhouse gas emissions through better regional planning that 31 focuses on the direct linkages between regional transportation and land use /housing planning. These statewide strategies and regional planning programs are not applicable to development of any specific sites or to minor changes in local zoning regulations. Adopted in January 2010, the California Green Building Standards (CALGREEN) code includes mandatory building regulations for all new residential, commercial, and public building construction in the State that aim to achieve major reductions in greenhouse gas emissions, energy consumption, and water use. The City of Rosemead requires these specific building practices for all new construction and substantial remodels. The applicable systems are those in effect at the time a complete application for the project is submitted to the Building and Safety Division. The City's Green Building Standards Code is set forth in Title 15, Chapter 15.20 (Green Building Standards Code). In addition to the current green building standards, the Zoning Code Update proposes additional voluntary green building program to encourage green building practices and materials. B. Hazards and Hazardous Materials Would the project. Potentially Less Than Less Than No Significant Environmental Issues Significant Significant pact Impact Mitigation Impact a) Create a significant hazard to the public or the environment through the routine transport, use, ❑ ❑ ® ❑ or disposal of hazardous 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 en c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or El E] ® E] 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, ❑ ❑ ® ❑ would it create a significant hazard to the public or the environment? 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 ❑ ❑ ❑ 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? 32 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? a) through c) Less than Significant. Hazardous materials are routinely used and transported throughout Rosemead on the freeways and local streets and via rail. Current and future uses will continue to be exposed to hazards from the routine use, disposal, and transport of hazardous materials. In addition, future development may produce hazardous materials and waste. However, all such activity is and will be required to comply with the numerous local, State, and Federal regulations developed to safeguard the public against the hazards associated with such activity within urban environments. Also, land use and zoning regulations will prohibit the establishment of any significant user or generator of hazardous materials. Continued application and enforcement of local, State, and Federal regulations and local land use regulations will reduce impact to a less than significant level. d) Less than Significant. According to records maintained by the California Environmental Protection agency (Cortese List) a total of one site within the City has been identified as hazardous substances releases or contaminated sites. This site is currently undergoing remediation activity. The proposed Project does not include any specific development projects and will have no affect the identified site. If any development project occurs on a site determined at some future time to be contaminated, such project will involve appropriate remediation activity consistent with applicable State and Federal regulations. Impact is less than significant. e) and f) No Impact. No airport land use plan applies to any properties within the planning area. The nearest airport is El Monte airport, located directly east of Rosemead. No adverse impacts associated with airport operations will result. g) Less than Significant Impact. The General Plan includes goals and policies in the Public Safety element to address emergency response and to provide continued high service levels. The proposed Zoning Code Update, and related amendments to the Home Occupation Business license regulations and Single - Family Design Guidelines, would not authorize or facilitate any roadway modifications that could interfere with the City's Emergency Operation Plan. Impact is less than significant, and this issue does not require further examination. h) Less than Significant. Rosemead is almost completely built out. The risk of wildland fires to residential properties is extremely low. Impact is less than significant, and this issue does not require further examination. 2 http: //www.envirostor .dtsc.ca.gov /public/default.asp. June 20, 2013. 33 9. Hydrology and Water Quality Would the project: Potentially Less Than Less Than No SigWithant Environmental Issues Significant Significant Impact Impact Mitigation Impact a) Violate any water quality standards or waste ❑ ❑ E ❑ discha require 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 ❑ ❑ ❑ E 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 ❑ ❑ ❑ E substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned El E] E ❑ stonnwater drainage systems or provide substantial additional sources of p olluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ ® ❑ g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard El El ® 11 Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures, which would impede or redirect flood ❑ ❑ ® ❑ flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, El 13 E El flooding as a result of the failure of a levee or dam? j) inundation by seiche, tsunami, or mudflow? ❑ ❑ E ❑ a) Less than Significant Impact. As discussed in the 2008 General Plan Program EIR and 2010 Addendum, all new development will be required to comply with existing water quality standards and waste discharge regulations set forth by the Regional Water Quality Control Board, Los Angeles region. Each individual development project will be required to comply with National Pollution Discharge Elimination System (NPDES) permit requirements related c to construction and operation measures to prevent erosion, siltation, and transport of urban pollutants. Compliance with existing regulations will ensure a less than significant impact with regard to water quality standards or waste discharge requirements. No further analysis of this issue is required. b) No impact. Six companies provide water to the City of Rosemead: Adams Ranch Mutual Water Company; California American Water Company; San Gabriel County Water District; Golden State Water Company; Amarillo Mutual Water District; and the San Gabriel Valley Water Company. Each of these companies derives at least a portion of their supplies from local groundwater resources. Due to increased security sensitivities following the September 11, 2001 terrorist attack, well locations are no longer included in public documents. It is therefore unknown the number, if any, well sites are within the City. Intensification of land uses citywide pursuant to Zoning Code regulations would not result in any greater increased demand on groundwater resources than that which was analyzed in the 2008 General Plan Program EIR and 2010 Addendum. Existing water management policies for the Main San Gabriel Basin, however, ensure that providers drawing upon the basin do not cumulatively remove more than the Operating Safe Yield, as determined yearly, without replenishing the groundwater supply with imported recharge water. As such, no impact on groundwater supply is anticipated. c) and d) No Impact. As indicated in the 2008 General Plan Program EIR, the Rio Hondo River flows along the eastern edge of Rosemead in a concrete -lined channel. Development in the City will not alter the course of this river. General Plan policies promote protection and preservation of such resources. No impact will result. e) Less than Significant Impact. Rosemead is largely built out, with an extensive amount of impervious surface coverage in the form of streets, parking lots, and rooftops. Future development pursuant to General Plan policy and Zoning Code regulations will look to increase on -site open space to the extent possible as properties recycle in use. Also, the City will require new development projects to comply with NPDES regulations of the Regional Water Quality Control Board, which aims to reduce pollutant volumes in urban runoff. Approaches may include providing on -site retention basins or open space features that have the ability to filter runoff. With these practices continuing in place, impact will be less than significant. f) Less than Significant Impact. With regard to water quality issues, each individual development project will be required to comply with NPDES permit requirements related to construction and operation measures to prevent erosion, siltation, and transport of urban pollutants. Compliance with existing regulations will result in a less than significant impact with regard to water quality standards. g) through i) Less than Significant Impact. The City of Rosemead participates in the National Flood Insurance Program. Flood Insurance Rate Maps (FIRM) prepared by FEMA showing potential flood zones are available for areas within the City. The main flood hazard Rosemead faces is flood hazard associated with dam reservoir and dam flood inundation. Portions of the City lie within the Garvey Reservoir, Santa Fe Dam, Puddingstone Dam, and Whittier Narrows Flood inundation areas. New development associated with the proposed Zoning Code Update could expose people or structures to inundations from a dam or reservoir. However, the event of dam failure is considered remote. Also, regional agencies — most significantly the Los Angeles County Department of Public Works and Army Corps of Engineers — work to ensure flood control systems are maintained to guard against 35 widespread impact in the event of unusual storm events. Existing inspection and maintenance activities reduce impact to a less than significant level. j) Less than Significant Impact. Rosemead is not exposed to tsunami hazards due to its inland location. In addition, no large water bodies exist in the City that would present seiche hazards. The potential for mudflows is unlikely, given the City's distance from hillside and mountainous terrain. Therefore, impact from muciflows is less than significant. a) Less than Significant Impact. The City's General Plan aims for a coordinated, logical distribution of land uses within Rosemead consistent with long- established patterns. Most significantly, the 2008 General Plan Update and 2010 General Plan Amendment resolved land use conflicts and to create new mixed -uses that will enhance the community. The proposed Project will implement General Plan land use policies toward achieving sustainable growth in Rosemead. Potential impacts will be less than significant, and no further analysis is required. b) Less than Significant Impact. The project involves a comprehensive update of the City's Zoning Code (Title 17 of the Rosemead Municipal Code) that is pursued to implement General Plan policy and consistency with California State law. Revisions to the City's existing Zoning Map and Single - Family Residential Design Guidelines are proposed to ensure that these documents are internally consistent with the proposed Zoning Code Update. Amendments to the City's existing Home Occupation business license regulations (Title 5 of the Municipal Code, Chapter 5.41 — Home Occupations) are included in the Project for the purpose of allowing Cottage Food Operations (CFOs) as home occupations in residential zoning districts in accordance with State law. Lastly, the Project also proposes the adoption of "City Procedures for Implementation of the California Environmental Quality Act (CEQA)," as State law requires that each city adopt its own procedures for evaluating projects under CEQA guidelines within its jurisdiction. No other agency has jurisdiction over land use issues in Rosemead. Potential impacts will be less than significant, and no further analysis is required. 36 Potentially Less Than Less Less Than No Environmental Issues Significant with Significant Impact Impact Mitigation Impact a) Physically divide an established community? ❑ ❑ ® ❑ 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 env ironmental effec c) Conflict with any applicable habitat conservation ❑ ❑ ® ❑ plan or natural communities conservation plan? a) Less than Significant Impact. The City's General Plan aims for a coordinated, logical distribution of land uses within Rosemead consistent with long- established patterns. Most significantly, the 2008 General Plan Update and 2010 General Plan Amendment resolved land use conflicts and to create new mixed -uses that will enhance the community. The proposed Project will implement General Plan land use policies toward achieving sustainable growth in Rosemead. Potential impacts will be less than significant, and no further analysis is required. b) Less than Significant Impact. The project involves a comprehensive update of the City's Zoning Code (Title 17 of the Rosemead Municipal Code) that is pursued to implement General Plan policy and consistency with California State law. Revisions to the City's existing Zoning Map and Single - Family Residential Design Guidelines are proposed to ensure that these documents are internally consistent with the proposed Zoning Code Update. Amendments to the City's existing Home Occupation business license regulations (Title 5 of the Municipal Code, Chapter 5.41 — Home Occupations) are included in the Project for the purpose of allowing Cottage Food Operations (CFOs) as home occupations in residential zoning districts in accordance with State law. Lastly, the Project also proposes the adoption of "City Procedures for Implementation of the California Environmental Quality Act (CEQA)," as State law requires that each city adopt its own procedures for evaluating projects under CEQA guidelines within its jurisdiction. No other agency has jurisdiction over land use issues in Rosemead. Potential impacts will be less than significant, and no further analysis is required. 36 c) Less than Significant Impact. As discussed in the General Plan Program EIR, no Habitat Conservation Plans (HCP) or Natural Community Conservation Plans (NCCP) exist for areas within the Rosemead planning area. Potential impacts will be less than significant, and no further analysis is required. Potentially Less Than Less Less Than No Environmental Issues Significant With Significant Impact Impact Mitigation Impact a) Result in the loss of availability of a known mineral resource that would be of value to the ❑ ❑ ® ❑ region and the re of the state? _ b) Result in the loss of availability of a locally - important mineral resource recovery site 1:1 E] ® E] delineated on a local general plan, specific plan or other land use plan? a) though b) Less than Significant Impact. As discussed the in the 2008 General Plan EIR, according to the State Mining and Geology Board, land within Rosemead is classified as MRZ -1, MRZ -3, and MRZ-4. These designations mean: • MRZ -1 — adequate information indicates that no significant mineral deposits are present or likely to be present. • MRZ -3 — the significance of mineral deposits cannot be determined from the available data. • MRZ-4 — there is insufficient data to assign any other "MRZ" designation. As Rosemead is completely urbanized and the State has not identified any significant recoverable mineral resources, no mineral extraction activities are permitted within the City limits. Therefore impact on mineral resources is less than significant, and no further analysis of this issue is required. - Potentially Less Than Less Than significant cant Environmental Issues Significant Significant Impact Impact Mitigation Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the El El ® El general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or ❑ ❑ ® ❑ groundbome noi levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ ❑ ❑ ex isting w ithout the project? 37 d) A substantial temporary or periodic increase In ambient noise levels in the project vicinity above ❑ ❑ ❑ levels existing without the project? 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 ❑ ❑ ❑ 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 13 Z excessive noise levels? Noise is generated within the planning area by transportation activities and stationary sources. Transportation noise refers to noise from automobile use, truck and bus routes, and rail operations. Stationary sources include commercial and industrial businesses, machinery, air conditioning systems, and landscape maintenance equipment. In addition, short-term construction noise can contribute to noise levels in the city. Regardless of the type of noise, noise levels are highest near their source and decrease with distance. As stated in the 2008 General Plan Program EIR and 2010 Addendum, development that is currently allowed under Rosemead General Plan land use policy, as well as development in surrounding communities, will increase traffic volumes and associated noise levels. Significant noise levels already occur along many of the region's transportation corridors, much due to regional through traffic. Some existing development is already impacted by vehicular noise and may continue to experience high noise levels whether or not the proposed Project is adopted. However, future projects, including the licensing of Cottage Food Operations, will be required to follow the City's Noise Ordinance and policies outlined in the General Plan. a) — b) Less than Significant Impact. Since the proposed Zoning Code Update, and related amendments to the Home Occupation business license regulations and Single- Family Design Guidelines, is consistent with the General Plan, potential future infill or redevelopment pursuant to the Zoning Code Update and existing General Plan policies will not result in noise levels that were not anticipated in the 2008 General Plan Program EIR and 2010 Addendum. The proposed changes would not introduce new land uses with the potential to generate substantial groundbourne noise or vibrations. c) No Impact. The Project would not authorize any new land uses in the City that would lead to the establishment of a noise environment different than that existing in the City today. All existing and future land use activities will be required to comply with the City's Noise Control Ordinance and General Plan policies for the development of multifamily housing. d) No Impact. Since no construction is authorized by the proposed zoning amendments, no temporary increase in noise levels would occur. The revised zoning standards would not permit any new types of land uses or operations that could generate significant temporary or periodic noise impacts. No impact is anticipated. e) through f) No Impact. The planning area is not located within an area covered by an airport land use plan, within two miles of a public airport or public use airport, or within the vicinity of a private airstrip. No impacts will result. 01 13. Population and Housing significant Impact a) Fire Protection? Would the project: b) Police Protection? ❑ Impact Mitigation Potand ally Lase Than Significant Less Than Environmental Issues Significant ❑ Significant Impact Impact Mitigation Impact a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes ❑ ❑ ® ❑ and businesses) or indirectly (e.g., through extensi of r oads or other infra structure)? 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? a) Less than Significant Impact. The proposed Project will not allow for increases in housing density or total dwelling units beyond those previously analyzed under the 2008 General Plan Program EIR and 2010 Addendum. The Municipal Code amendments and revisions to the Single - Family Design Guidelines proposed as part of this project are intended to achieve consistency with the General Plan and reflect current development patterns, as well as comply with State law. The proposed Project does not involve any changes to roadways or other infrastructure that support growth. Thus, the Project will not induce growth. b) through c) No Impact. General Plan Policy largely provides for the continuation of long - established land use patterns and development intensities, particularly with regard to residential neighborhoods. Project approval will facilitate the development of vacant properties and the redevelopment of a few residential properties, but more often redevelopment of commercial properties proposed for mixed -use. No impact will result, and no further analysis of this issue is required. 14. Public Services Would the project result in substantial adverse physical impacts associated 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 impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Potentially Environmental Issues significant Impact a) Fire Protection? ❑ b) Police Protection? ❑ Less Than Less Than Significant Significant No With Impact Impact Mitigation ❑ ® ❑ 39 c) Schools? ❑ ❑ ® ❑ d) Parks? ❑ ❑ ® ❑ e) Other public facilities? ❑ ❑ ® ❑ a) through e) Less than Significant Impact. The Project implements General Plan land use policy. The project will not facilitate any new development activity beyond that analyzed in the General Plan Program EIR and would not affect existing land use and circulation patterns or the types of building construction. As discussed in the 2008 General Plan Program EIR, the cumulative, long -term impact of growth, along with the implementation of the policies and actions in the Rosemead General Plan, will reduce impacts associated with the provisions of public services to a less than significant level. a) No Impact. The proposed Project does not include or authorize any specific development that would result in the use of existing neighborhood or regional parks or other recreational facilities. The 2008 General Plan program EIR and 2010 Addendum concluded that the long -term implementation of the updated General Plan would have significant and unavoidable impacts on existing parks and other recreational facilities. The proposed Zoning updates would not change the impacts already anticipated in the General Plan Program EIR and Addendum; thus it would result in no independent impacts. b) No Impact. The proposed Project update does not contemplate or authorize the development of any recreational facilities. Furthermore, the proposed project does not include any specific development that would require the expansion of existing recreational facilities. Thus, no impacts would result. 40 Potentially Less Than Significant Low Lau Than No Environmental Issues Significant Significant Impact Impact Mitigation Impact 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 accelerated b) Does the project include recreational facilities or require the construction or expansion of El E] ❑ recreational facilities, which might have an adverse physical effect on the environment? a) No Impact. The proposed Project does not include or authorize any specific development that would result in the use of existing neighborhood or regional parks or other recreational facilities. The 2008 General Plan program EIR and 2010 Addendum concluded that the long -term implementation of the updated General Plan would have significant and unavoidable impacts on existing parks and other recreational facilities. The proposed Zoning updates would not change the impacts already anticipated in the General Plan Program EIR and Addendum; thus it would result in no independent impacts. b) No Impact. The proposed Project update does not contemplate or authorize the development of any recreational facilities. Furthermore, the proposed project does not include any specific development that would require the expansion of existing recreational facilities. Thus, no impacts would result. 40 a) through b) Less than Significant Impact. The proposed Project is specifically intended to achieve consistency with and implement the policies of the 2010 General Plan, including those establishing measures of effectiveness for the performance of the circulation system. It is also intended to achieve consistency with State law. According to the 2008 General Plan Program EIR and 2010 Addendum implementation of the General Plan may result in a substantial increase in traffic in relation to the existing traffic load and an individual or cumulative level of service condition that exceeds standards established by the City. Regional traffic growth and increased development intensities within the City will result in increased through traffic volumes on Rosemead streets. The 2008 General Plan Program EIR and 2010 Addendum states that while the Circulation Element of the General Plan includes policies and physical roadway and control improvements, that over time will improve service levels, the certainty and timing of such cannot be established. Accordingly, the traffic impacts of General Plan development were found to be significant and unavoidable. One of the key changes to the Home Occupation business licensing requirements for Cottage Food Operations is the allowance of one employee, which could bring additional traffic into the residential neighborhoods. However, the amendment proposes a distance requirement of not less than three hundred feet between proposed businesses for the purpose of ensuring any increased vehicular and pedestrian traffic is less than significant. Therefore, none of the proposed amendments involving regulatory changes and text revisions will conflict with the City's established policies and performance standards pertaining to the circulation system. Furthermore, the proposed 41 Potentially Less Than Significant Less Than Environmental Issues Significant Significant impact impact Mitigation Impact 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 El 11 ® El increase in either the number of vehicle trips, the volume to capacity ratio on roa ds, or c at inters b) Exceed, either individually or cumulatively, a level of service standard established by the El 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 ❑ ❑ ❑ change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ❑ El 1:1 intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergenc acc ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation ❑ ❑ ❑ (e.g., bus turnouts, bicycle racks)? a) through b) Less than Significant Impact. The proposed Project is specifically intended to achieve consistency with and implement the policies of the 2010 General Plan, including those establishing measures of effectiveness for the performance of the circulation system. It is also intended to achieve consistency with State law. According to the 2008 General Plan Program EIR and 2010 Addendum implementation of the General Plan may result in a substantial increase in traffic in relation to the existing traffic load and an individual or cumulative level of service condition that exceeds standards established by the City. Regional traffic growth and increased development intensities within the City will result in increased through traffic volumes on Rosemead streets. The 2008 General Plan Program EIR and 2010 Addendum states that while the Circulation Element of the General Plan includes policies and physical roadway and control improvements, that over time will improve service levels, the certainty and timing of such cannot be established. Accordingly, the traffic impacts of General Plan development were found to be significant and unavoidable. One of the key changes to the Home Occupation business licensing requirements for Cottage Food Operations is the allowance of one employee, which could bring additional traffic into the residential neighborhoods. However, the amendment proposes a distance requirement of not less than three hundred feet between proposed businesses for the purpose of ensuring any increased vehicular and pedestrian traffic is less than significant. Therefore, none of the proposed amendments involving regulatory changes and text revisions will conflict with the City's established policies and performance standards pertaining to the circulation system. Furthermore, the proposed 41 Project would not generate additional traffic beyond what was previously analyzed by the General Plan Program EIR, thus the project would result in no independent impacts to the City's adopted circulation system policies and performance standards. c) No Impact. No airport land use plan applies to any area of Rosemead. The nearest airport is El Monte Airport, which is located directly east of Rosemead. No adverse impact will result upon the approval and adoption of the Project. d) No Impact. The proposed Code amendments would not authorize any specific land use activity that could necessitate modifications to existing street access. Potential effects involving street access would depend on a specific site plan submitted for a future development proposal. If different street access is proposed, line -of -sight analysis and other design criteria would be applied by the City Engineer during the City's standard review procedures, to ensure that unsafe conditions are not created. The proposed Zoning Code Update would not affect the City's existing street design standards or development plan review process related thereto. Proposed zoning regulations would not facilitate will not introduce new land use types or restrictions that could generate a different type of vehicle traffic that could be incompatible with the existing circulation system of the community. No impacts would occur. e) No Impact. No development is being proposed as part of this Project. All future development would be evaluated to determine the appropriate land use permit for authorizing their use and the conditions for their establishment and operation. At a minimum, future development would be subject to compliance with the Municipal Code's access requirements, in order to ensure that adequate emergency access is provided. The Zoning Code Update will not alter the Municipal Code's current access requirements. No impact will occur. f) No Impact. The proposed Project is limited in scope and would affect only the properties involved. All City regulations, plans and policies pertaining to alternative travel modes would remain in effect, without any modifications related to this action. 17. Utilities and Service Systems Would the project: Potentially Less Than Significant Less Than Environmental Issues Significant Significant Impact p Impact Mitigation Impact a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control ❑ ❑ ❑ _ -Board?--. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction ❑ ❑ ❑ of which could cause significant environmental eff ects? c) Require or result in the construction of new storm water drainage facilities or expansion of ❑ ❑ ® ❑ existing facilities, the construction of which could caus significant env ironmental effects? 42 d) Have sufficient water supplies available to serve the project from existing entitlements and ❑ E] L1 resources, or are new or expanded entitlements needed? 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 ❑ ❑ ® ❑ and regulations related to solid waste? a) No Impact. The proposed Project does not propose new uses or development standards that would require new methods or equipment to process wastewater discharge. All new development will be required to comply with existing wastewater treatment requirements set forth by the Regional Water Quality Control Board, Los Angeles region. All new connections to the regional sewer system will be reviewed at the time connections are made to ensure that wastewater discharged into collection lines — and ultimately to regional treatment plants — meet standards for waste discharge. Therefore there will be no impact, and no further analysis is required. b) No Impact. Wastewater originating in Rosemead is treated at one of three facilities: the Whittier Narrows Water Reclamation Plant; the San Jose Creek Water Reclamation Plant; or the Joint Water Pollution Control Plant. The 2008 General Plan Program EIR and 2010 Addendum stated that the long -term build -out of the General Plan would increase wastewater generation over current levels and a significant impact was anticipated as the operation capacity of treatment facilities that are not covered by the 1996 Sewer Master Plan were unknown. However, Mitigation Measures UT -3 and U -4 were adopted upon the certification of the 2008 General Plan Program EIR and 2010 Addendum to reduce to level of impact to less than significant. Mitigation UT -3 required that the Rosemead's Sewer Master Plan be updated to cover the entire City. Mitigation UT-4 called for revising the capital improvements program to include for any infrastructure, construction, modification, replacement, and /or repair placements called for in the updated Sewer Master Plan. Both Mitigation Measures UT -3 and UT-4 have been completed. Project approval would not require or result in the construction of new waste water treatment facilities or the expansion of existing facilities which could cause environmental effects beyond what was previously analyzed by the 2008 General Plan Program EIR and 2010 Addendum. Therefore, the project would result in no independent impacts upon its adoption. c) Less than Significant Impact. The City is largely built out and, as such, new development allowed pursuant to the Zoning Code Update, and related amendments to the Home Occupation business license regulations and Single - Family Design Guidelines, will occur primarily on land that is currently developed. Since almost all sites are currently developed, potential expansions of impervious surfaces are expected to be minor and less than significant. The need for localized storm drainage improvements would be determined as part of the City's routine development plan review process, at the time project plans are 43 submitted. Major modifications to or expansions of the City's storm drainage are not anticipated. d) No Impact. As discussed in Section 4.13 of the 2008 General Plan Program EIR and 2010 Addendum, six companies provide water to the City of Rosemead: Adams Ranch Mutual Water Company; California American Water Company; San Gabriel County Water District; Golden State Water Company; Amarillo Mutual Water District; and the San Gabriel Valley Water Company. The 2008 General Plan Program EIR and 2010 Addendum Plan found that the implementation of the General Plan, through the adoption of the Zoning Code Update, no significant impact water supply would occur. Furthermore, the water companies will not issue permits or allow water hookups if adequate supply is not available. The Zoning Code Update is proposed to implement the City's General Plan. The proposed project will not facilitate any new development activity beyond that analyzed in the 2008 General Plan Program EIR and 2010 Addendum. Therefore, no impact will occur. e) No Impact. The proposed project is consistent with the General Plan Land Use Element. Therefore, it would not affect any wastewater demand projections of facilities planning based on the City's General Plan land use designations. This project would not result in any new impacts involving wastewater demand and conveyance that were not anticipated in the 2008 General Plan Program EIR and 2010 Addendum. f) No Impact. Solid waste disposal is an issue of regional concern. Many programs are in place at local and countywide levels to reduce waste generation and increase landfill capacity (at existing sites and proposed new sites). However, due to the planned closure of two landfills that receive waste from the City of Rosemead, the 2008 General Plan Program EIR and 2010 Addendum found that implementation of the City's current General Plan had significant and unavoidable impacts. Mitigation Measures UT -1 and UT -2 were adopted to implement programs that encourage recycling of all materials and programs to educate the public regarding the various recycling programs that the City offers. The proposed Zoning Code Update project is consistent with the General Plan. Therefore, it would not affect projections of existing landfill capacities that were not anticipated in the 2008 General Plan Program EIR and 2010 Addendum. Therefore, no impact will occur. g) Less than Significant Impact. All development allowed pursuant to the adoption of the Zoning Code Update regulations will be required to comply with all Federal, State, and local statues and regulations related to the disposal of solid waste. Impact is anticipated to be less than significant. 44 18. Mandatory Findings of Significance ess Than Potentially Less Than Significant No Environmental Issues Significant Significant with Impact Impact Mitigation Impact 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 El ® El 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 ❑ ® ❑ are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future proje c) Does the project have environmental effects, which will cause substantial adverse effects on ❑ ❑ ® ❑ human beings, either directly or indirectly? a) Less than Significant Impact. Potential redevelopment resulting from the proposed Project would not differ from the location, type and intensity of long -range community development that was anticipated in the 2008 General Plan Program EIR and 2010 Addendum. As such, the proposed amendments will not result in significant impacts to scenic vistas or the visual character of the affected sites or the surrounding areas, as discussed in Section 1, and will not impact any sensitive plants, plant communities, fish, wildlife or habitat for any sensitive species, as discussed in Section 4. Given the long urbanized character of the city and its surroundings, adverse impacts to archaeological and paleontological resources are considered unlikely. Therefore, the proposed zoning amendments will not degrade the quality of the environment, impact any habitat or species and will have less than significant impacts on important examples of California history and prehistory. b) Less than Significant Impact. No near -term development or infrastructure projects or any other policy -level land use actions are planned in this area that could contribute to the minor impacts associated with the potential development or redevelopment resulting from the proposed Project. Furthermore, the primary objective of the proposed project is to implement goals and policies in the General Plan, and adopt standards that better reflect the current land uses and pattern of development within the City. Impacts resulting from potential redevelopment as a result of the proposed changes would not result in significant impacts, as discussed in Sections 1 through 17, and cumulative effects for the entire planning area would not differ from what was anticipated in the 2008 General Plan Program EIR and 2010 Addendum. 45 c) Less than Significant Impact. There are no significant geological, hydrologic, or natural hazards affecting the project, as discussed in Sections 6 through 9. The proposed amendments would not result in physical disruption of any neighborhood or established community area and would not displace any persons or any housing units, as discussed in Section 10 and Section 13. As discussed in Section 3, potential air quality impacts associated with the proposed zone changes would not differ from the kinds and levels of impacts anticipated in the 2008 General Plan Program EIR and 2010 Addendum. As discussed in Section 12, significant noise impacts are not anticipated. Approval of the requested project would not result in substantial, adverse effects on human beings. 46 List of Appendices • Appendix "A" - Zoning Code Update • Appendix "B" - Zoning Map Changes • Appendix "C" - Home Occupation Ordinance • Appendix "D" - Single - Family Design Guidelines • Appendix "E" - "City Procedures for Implementation of the California Environmental Quality Act (CEQA)" 47 References 1. City of Rosemead General Plan (adopted 2008; amended 2010) 2. City of Rosemead 2008 General Plan EIR and 2010 Addendum 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 w 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) w ww.conservation.ca. gov 10. Los Angeles County Department of Public Works, www.dpw.lacounty.gov 11. State Water Resources Control Board, hftp: / /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 48 NEGATIVE DECLARATION City of Rosemead Planning Division 8838 E. Valley Blvd. Rosemead, California 91770 PROJECT TITLE: Comprehensive Zoning Code Update [Municipal Code Amendment 10 -07 (MCA 10 -07) and Zone Change 13 -01 (ZC 13 -01)] PROJECT APPLICANT: City of Rosemead PROJECT CONTACT PERSON: Michelle Ramirez, Community Development Director ADDRESS: City of Rosemead — Planning Division, 8838 E. Valley Blvd., Rosemead, CA 91770 TELEPHONE: (626) 569 -2140 PROJECT LOCATION: City-Wide, City of Rosemead, Coun of Los Angeles PROJECT DESCRIPTION: The Project is a comprehensive update of the City's Zoning Code (Title 17 of the Rosemead Municipal Code) that is pursued to implement General Plan policy and to add provisions mandated by California State law. Revisions to the City's existing Zoning Map and Single - Family Residential Design Guidelines are proposed to ensure that these documents are intemally consistent with the proposed Zoning Code Update. Amendments to the City's existing Home Occupation business license regulations (Title 5 of the Municipal Code, Chapter 5.41 — Home Occupations) are included in the Project for the purpose of allowing Cottage Food Operations (CFOs) as home occupations in residential zoning districts in accordance with State law. Lastly, the Project also proposes the adoption of "City Procedures for Implementation of the California Environmental Quality Act (CEQA)," as State law requires that each city adopt its own procedures for evaluating projects under CEQA guidelines within its jurisdiction. FINDING On the basis of the initial study on file in the Planning Division: X The proposed project COULD NOT have a significant effect on the environment. The proposed project COULD have a significant effect on the environment, however there will not be a significant effect in this case because the mitigation measures described in the Mitigation Monitoring Program on file in the Planning Division Office were adopted to reduce the potential impacts to a level of insignificance. The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Completed by: Sheri Bermejo Determination Approved: Title: City Planner Title: Date: August 12, 2013 Date: PUBLIC REVIEW PERIOD: August 15, 2013 to September 16, 2013 COMMENTS RECEIVED ON DRAFT: Yes No INITIAL STUDY REVISED: Yes No ATTACHMENT B Reserved Responses to Comments /Comment Letters List of Commenting Persons, Organizations, and Public Agencies County of Los Angeles Department of Public Works E -mail dated: August 27, 2013 Public Utilities Commission, Rail Crossings Engineering Section, Safety and Enforcement Division Letter dated: August 29, 2013 Draft Negative Declaration — Responses to Agency Comments County of Los Angeles Department of Public Works, August 27, 2013 This e -mail expresses a correction to be made to Section 9, Hydrology and Water Quality, Item g, Page 48, regarding the agency that is responsible for the flood control systems in the City of Rosemead. There are no comments regarding the adequacy of the Draft Negative Declaration. This comment is noted, and hereby incorporated into public record and will be forwarded to the Planning Commission and City Council for further consideration. Draft Negative Declaration — Responses to Agency Comments From: Cruz, Ruben [mailto:RCRUZ @dpw.lacounty.gov] Sent: Tuesday, August 27, 2013 11:30 AM To: Michelle Ramirez Cc: Dubiel, Matthew; Yanez, Jarrett; Mardirosian, Teni Subject: FW: Municipal Code Amendment 10 -07 and Zone Change 13 -01 IS /ND Ms. Ramirez, Thank you for the opportunity to review the Initial Study /Negative Declaration (IS /ND) for the comprehensive update of the City of Rosemead Zoning Code that is pursued to implement the General Plan policy and to add provisions that are mandated by Federal and California State Law. The updates of the Zoning Code and General Plan are all within the City of Rosemead jurisdiction. The following are County of Los Angeles, Department of Public Works comment and are for your consideration: 1. Section 9, Hydrology and Water Quality, Item g, Page 3S, and References, page 48; Replace "Los Angeles County Department of Public Works with " Los Angeles County Flood Control District LACFCD)." The regional agencies that are responsible for flood control systems are LACFCD and the Army Corps of Engineers. If you have any questions regarding Los Angeles County, Department of Public Works, please email or call me. Ruben Cruz, PE County of Los Angeles Department of Public Works Land Development Division, Subdivision Mapping Section, CEQA I I CUP 11 B&T Planning Unit (626) 458 -4910 rcruz @dpw.lacounty.gov Draft Negative Declaration — Responses to Agency Comments Public Utilities Commission, Rail Crossings Engineering Section, Safety and Enforcement Division, August 29, 2013 This letter expresses suggestions of incorporating language into the Comprehensive Zoning Code Update so that any future development adjacent to or near the railroad right -of -way (ROW) is planned with safety of the rail corridor in mind. The letter also suggests the consideration of mitigation measure(s) to include the planning for grade separations for major thoroughfares, improvements to existing at -grade crossings due to increase in traffic volumes and continuous vandal resistant fencing or other appropriate barriers to limit the access of trespassers onto the railroad ROW. Active at -grade railroad track is located along the northern boundary of the City of Rosemead. However, the City is located only on the south side of the tracks. The proposed Comprehensive Zoning Code Update would not authorize any specific land use activity that could necessitate modifications to existing railroad access or safety at at -grade crossings. Potential effects involving increase traffic volumes at at -grade crossings would depend on a specific site plan submitted for a future development proposal. Any future project would be reviewed on a project -by- project basis. These comments are hereby incorporated into the public record for further consideration by the Rosemead Planning Commission and City Council. Draft Negative Declaration — Responses to Agency Comments STATE OF CAIIEOrWN E D M UND G BROWN JR . Go PUBLIC unUT1ES COMMISSION mwtsr Jrw sta[t yrr v: ' ,p MgftFAU u•rr y awwna August 29. 2013 %tic l elle Ram: rez City of Rosemead 8838 Valley Bou evard Rosemead. CA 91770 Dear Ms. Ram rez Re: SCH 201308103' Rosemead Comprohensivo Zoning Code Update DND The California Pub::c Utilities Commission (Commsson) has jurisdiction over the safety of highway - rail crossings (crossings) in California. The Ca:foma Public Utilities Code requ-res Commission approval for the construction or atteraton of crossings and grants the Comimw.on exclusive lower on the desgn, alteration, and cJosure of crossings in CaHoma TTe Commission Rail Crossings Engineering Section (RCES) a in receipt of the Draft Negarrve Declaration (ONO) for the proposed City of Rosemead (City) Comprehensive Zon.ng Code Update project The project areas a•e located on both sides and within the viunty of an active railroad track RCES recommends that the City add Language to the Comprehensive Zoning Code Update so that any future deveiopment adjacent to or near it* railroadllght rail righted -way (ROW) is panned w.lh the safety of the rai cor -Idor n mind New developments may ncresse traffic volumes riot on on streets and at intersections. but also at at -grade cvossngs This nclldes consOerig pedestrian circulation patterns o• destinations with respect to raimad ROW and compliance with the Amencans with Dsabiliies Act. Mitigation measures to oonsKder incudo, but are not limited to. the plain ng for grade soparations for major t'oroughfares, mprovements to exist ng at -grade crossrgs due to ncroase in traffic volumes and continuous vandal resistant fencing or olher app ' op - ate barriers to and the access of trespassers onto the rai<road ROW. I you have any Questions in leis matter. please contact me at (213) 576- 7076,;�nuc,a Sincerely. Ken Chiang. P.E. Utilities Engineer Rail Crossings Engineering Section Safety and Enforcement D Wson C State Cleannghouse Draft Negative Declaration — Responses to Agency Comments ATTACHMENT C Reserved PC RESOLUTION 13 -10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING CITY COUNCIL ADOPTION OF NEGATIVE DECLARATION (STATE CLEARINGHOUSE NO. 2013081031) FOR THE COMPREHENSIVE ZONING CODE UPDATE PROJECT (MUNICIPAL CODE AMENDMENT 10 -07, ZONE CHANGE 13 -01, REVISIONS TO EXISTING SINGLE - FAMILY GUIDELINES, AND ADOPTION OF LOCAL CEQA GUIDELINES) WHEREAS, on October 14, 2008, the City Council adopted a comprehensive update to the Rosemead General Plan, by Resolution No. 2008 -66, and WHEREAS, on April 13, 2010, the City Council adopted an amendment to Rosemead General Plan, by Resolution No. 2010 -23, and WHEREAS, the General Plan provides a vision that will guide the future development in the City of Rosemead through a set of goals, objectives, and policies, and WHEREAS, pursuant to Government Code Section 65860, local jurisdictions, with newly adopted general plans, are required to amend their zoning ordinances to ensure consistency with the newly adopted general plan, and WHEREAS, the City of Rosemead is pursuing a comprehensive update to the City's Zoning Code (Title 17 of the Rosemead Municipal Code) to further enhance the quality of life in Rosemead, to implement General Plan policy, and to add provisions mandated by State and Federal law, and WHEREAS, amendments to the City's existing Home Occupation business license regulations (Title 5 of the Municipal Code, Chapter 5.41 — Home Occupations) are included in the Comprehensive Zoning Code Update project for the purpose of allowing Cottage Food Operations (CFOs) as home occupations in residential zoning districts in accordance with State law, and WHEREAS, revisions to the City's existing Zoning Map and Single - Family Residential Design Guidelines are proposed to ensure that these documents are internally consistent with the proposed Comprehensive Zoning Code Update, and WHEREAS, the project also proposes the adoption of "City Procedures for Implementation of the California Environmental Quality Act (CEQA)," as State law requires that each city adopt its own procedures for evaluating projects under CEQA guidelines within its jurisdiction, and WHEREAS, Chapter 17.116 of the Rosemead Municipal Code authorizes the Planning Commission to consider and recommend proposed municipal code amendments and zone changes to the City Council; and WHEREAS, a Final EIR (FIER) for the 2008 City of Rosemead General Plan Update (State Clearinghouse Number 2007111090) that was certified on October 14, 2008, and Addendum to the FEIR that was certified on April 13, 2010 for the 2010 General Plan amendment analyzed both the General Plan and Zoning Code Update based on changes required by the General Plan to make the two documents consistent. Updates to the City's Zoning Map were also studied. The project environmental analysis of the 2008 FEIR and 2010 Addendum consisted of the evaluation of the assumed changes in comparison to the current Zoning Code, and WHEREAS, the City prepared an initial study for the proposed Comprehensive Zoning Code Update project, which was a "tiered" environmental impact analysis in accordance with Section 15152 of the California Environmental Quality Act that involved reference of generalized discussions from the 2008 FEIR and 2010 Addendum. The initial study also incorporated review of proposed amendments to Title 5, Chapter 5.41 (Home Occupations), the revisions to the City's existing Single - Family Residential Design Guidelines, and the proposed Local CEQA Guidelines, and WHEREAS, based on the initial study, the Comprehensive Zoning Code Update project would have a less than significant impact on the environment and therefore, a Draft Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA) and the State of California CEQA Guidelines, and WHEREAS, a on August 13, 2013 a Notice of Completion for the adoption of the Negative Declaration (State Clearinghouse No. 2013081031) was sent to the California State Clearinghouse for a public review period of thirty (30) days, beginning on August 14, 2013 and ending on September 12, 2013, and WHEREAS, a on August 15, 2013 a Public Hearing Notice and Notice of Intent to adopt the Negative Declaration, specifying the public comment period and the time and place for a public hearing pursuant to California Government Code Section 65091(a)(4) and California Government Public Resource Code 15073, was provided to the Los Angeles County Clerk, published in the Rosemead Reader, and posted at the five (5) public locations in the City; and WHEREAS, the City has received two comment letters; one from the County of Los Angeles Department of Public Works and one from the Public Utilities Commission, Rail Crossings Engineering Section, Safety and Enforcement Division. Please note that the comments address Zoning Code Policy and consideration of mitigation measures for future development projects and not the adequacy with the Draft Negative Declaration. The final Negative Declaration contains responses to those comments, as well as modifications to text based upon the comments and that those have been made available to the Planning Commission for its review and consideration; and Planning Commission Resolution No. 13 -10 2 WHEREAS, since public circulation of the Draft Negative Declaration no significant new information has been submitted, and therefore recirculation of the Negative Declaration is not required under CEQA, and WHEREAS, on September 16, 2013, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to the Negative Declaration (SCH No. 2013081031), 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: SECTION 1. The Planning Commission hereby makes a finding of adequacy with the Negative Declaration and HEREBY RECOMMENDS that the City Council ADOPT the Negative Declaration (State Clearinghouse No. 2013081031) as shown in Exhibit "A ", as the environmental clearance for the Comprehensive Zoning Code Update. SECTION 5. This Resolution shall take effect immediately. SECTION 6. This Resolution is the result of an action taken by the Planning Commission on September 16, 2013 by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 8. The Secretary shall certify to the adoption of this Resolution and shall transmit copies to the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 16t" day of September 2013. Diana Herrera, Chairwoman Planning Commission Resolution No 13 -10 3 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 16'" day of September, 2013, by the following vote: YES: NO: ABSENT: ABSTAIN: Michelle G. Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Resolution No. 13 -10 EXHIBIT "A" NEGATIVE DECLARATION /INITIAL STUDY (Available separate due to bulk) Planning Commission Resolution No. 13 -10 ATTACHMENT D Reserved PC RESOLUTION 13 -11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT MUNICIPAL CODE AMENDMENT 10 -07 AMENDING THE CITY'S ZONING CODE (TITLE 17 OF THE ROSEMEAD MUNICIPAL CODE) AND CHAPTER 5.41 - HOME OCCUPATIONS (TITLE 5 OF THE ROSEMEAD MUNICIPAL CODE) TO IMPLEMENT GENERAL PLAN POLICY AND TO ADD PROVISIONS MANDATED BY STATE AND FEDERAL LAW AS PART OF THE COMPREHENSIVE ZONING CODE UPDATE WHEREAS, on October 14, 2008, the City Council adopted a comprehensive update to the Rosemead General Plan, by Resolution No. 2008 -66, and WHEREAS, on April 13, 2010, the City Council adopted an amendment to Rosemead General Plan, by Resolution No. 2010 -23, and WHEREAS, the General Plan provides a vision that will guide the future development in the City of Rosemead through a set of goals, objectives, and policies, and WHEREAS, pursuant to Government Code Section 65860, local jurisdictions, with newly adopted general plans, are required to amend their zoning ordinances to ensure consistency with the newly adopted general plan, and WHEREAS, the City of Rosemead is pursuing a comprehensive update to the City's Zoning Code (Title 17 of the Rosemead Municipal Code) to further enhance the quality of life in Rosemead, to implement General Plan policy, and to add provisions mandated by State and Federal law, and WHEREAS, the proposed changes to the Zoning Code include development standards clearly articulate the City's desire for quality development; and WHEREAS, the City wants to streamline the permit process and adopt a Zoning Code that is user and business friendly; and WHEREAS, amendments to the City's existing Home Occupation business license regulations (Title 5 of the Municipal Code, Chapter 5.41 — Home Occupations) are included in the Comprehensive Zoning Code Update for the purpose of allowing Cottage Food Operations (CFOs) as home occupations in residential zoning districts in accordance with State law, and WHEREAS, Municipal Code Amendment 10 -07 is consistent with the goals of the City's 2012 -2013 Strategic Plan as amendments are proposed for the continued financial viability of the City, the enhancement of public safety and quality of life, as well as standards to beautify residential neighborhoods and commercial corridors; and WHEREAS, Chapter 17.116 of the Rosemead Municipal Code authorize the Planning Commission to consider and recommend proposed municipal code amendments to the City Council, and WHEREAS, on July 10, 2013 and July 11, 2013, Community Outreach Workshops relative to the Comprehensive Zoning Code Update project were held and comments from the public were heard; and WHEREAS, on August 13, 2013, the City Council and Planning Commission held a Joint Special Meeting relative to the Comprehensive Zoning Code Update project and comments from the City Council and Planning Commission were heard, and WHEREAS, a on August 13, 2013 a Notice of Completion for the adoption of the Negative Declaration (State Clearinghouse No. 2013081031) was sent to the California State Clearinghouse for a public review period of thirty (30) days, beginning on August 14, 2013 and ending on September 12, 2013, and WHEREAS, a on August 15, 2013 a Public Hearing Notice and Notice of Intent to adopt the Negative Declaration, specifying the public comment period and the time and place for a public hearing pursuant to California Government Code Section 65091(a)(4) and California Government Public Resource Code 15073, was provided to the Los Angeles County Clerk, published in the Rosemead Reader, and posted at the five (5) public locations in the City; and WHEREAS, on September 16, 2013, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to the Negative Declaration (SCH No. 2013081031) and Municipal Code Amendment 10- 07, and WHEREAS, on September 16, 2013, the Planning Commission made a finding of adequacy with the Negative Declaration and recommended that the City Council adopt the Negative Declaration, as the environmental clearance for Municipal Code Amendment 10 -07 by Planning Commission Resolution No. 13 -10. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY FINDS AND DETERMINES that Municipal Code Amendment is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed amendments will provide a superior level of planning and protection to the quality and character of the City. Planning Commission Resolution No. 13 -11 2 SECTION 2. The Planning Commission FURTHER FINDS AND DETERMINES that Municipal Code Amendment 10 -07 is consistent with the Rosemead General Plan as follows: A. Land Use: The Land Use Element provides goals and policies related to the physical development of land within the City. The Element contains a Land Use Map that shows the permitted land uses on different parcels in the City, along with standards of development density and intensity. Municipal Code Amendment 10 -07 is a comprehensive update of the City's Zoning Code (Title 17 of the Rosemead Municipal Code) that is pursued to implement General Plan policy and to add provisions mandated by California State law. Amendments to the City's existing Home Occupation business license regulations (Title 5 of the Municipal Code, Chapter 5.41 — Home Occupations) are included in the project for the purpose of allowing Cottage Food Operations (CFOs) as home occupations in residential zoning districts in accordance with State law. The following list includes, but is not limited to, several of the proposed amendments to the Zoning Code that will implement the goals and policies of the City's General Plan: 1. The General Plan Update established a mixed -use industrial /commercial land use category to accommodate light industry, research and development, and office uses. The emphasis is on businesses that provide career oriented and trade jobs. The Zoning Code Update proposes the CI -MU (Commercial - Industrial Mixed -Use) zone to implement the General Plan land use policy. The CI -MU zone is intended to provide heavy commercial and quasi - industrial uses that are consistent with the General Plan Mixed -Use Industrial /Commercial land use designation. 2. In accordance with the General Plan Land Use Element - Residential Land Use Categories, the Zoning Code Update proposes to allow a variety of housing types, including single - family dwellings, duplexes, and apartment houses in the R -3 (Medium Multiple Residential) zone. 3. To implement Goal 5 which calls for targeted land use changes that improve housing and economic opportunities for residents and businesses and achieve fiscal and environmental objectives the project proposes to eliminate the possibility of constructing multi - family housing in the P -O (Professional Office) zone. This proposed municipal code amendment is intended to eliminate the possibility of incompatible land uses (i.e. residential units) from being built within an established commercial office neighborhood. 4. General Plan Land Use Action 3.4 requires encouraging the grouping of certain types of commercial activities that would benefit from similar type of development. To further this goal, Municipal Code Amendment 10 -07 proposes to restrict land uses to light manufacturing and industrial business activities in the M -1 (Light Manufacturing and Industrial) zone. Currently, the M -1 (Light Manufacturing and Industrial) zone allows any land use that is also permitted in the C -1 (Neighborhood Commercial) and C -3 (Medium Commercial) zones in addition to light industrial uses. Planning Commission Resolution No. 13 -11 3 5. Municipal Code Amendment 10 -07 proposes the adoption of a voluntary Green Building Program to encourage green building practices and materials in accordance with General Plan Land Use Action 5.13. 6. Lastly, several amendments are proposed to expand architectural design review and application procedures to implement General Plan Land Use Policy 2.7 and Land Use Action 3.7. These amendments include, but are not limited to, the expansion of discretionary design review procedures including large commercial and industrial additions, remodels, and new development. New Zoning Code standards are also proposed to improve the aesthetic quality of future developments. Examples of such revisions include standards for the screening of mechanical equipment, new limitations on the use of fence materials, standards for the design of exterior lighting facilities, as well as the addition of development standards for lot area, minimum lot width and depth, and setbacks for improved site planning. B. Circulation: The Circulation Element provides goals and policies related to the development of a transportation network that would support the existing and planned development in the City, as provided in the Land Use Element, The Circulation Element contains a Circulation Map that designates roadways in the City. Municipal Code Amendment 10 -07 would not affect the transportation network in the City and no change to roadway designations are proposed. Potential impacts to traffic and transportation related to future projects would depend on the extent of a proposed project and local conditions. All potential development projects proposed in the future will be required to provide efficient vehicular access to the site and satisfy the parking requirements proposed in Municipal Code Amendment 10 -07. C. Housing: The Housing Element identifies the City's goals, policies, and programs relating to the provision of adequate housing to existing and future residents in the of the City of Rosemead, by identifying the needs of existing households and projected increase in population. Municipal Code Amendment 10 -07 proposes several amendments to implement the City's Housing Element. Amendments are proposed to include development standards for Emergency Shelters in the M -1 (Light Manufacturing and Industrial) zone, Large and Small Family Day Care Facilities in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), and R -3 (Medium Multiple Residential) zones, Transitional and Supportive Housing in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), and R -3 (Medium Multiple Residential) zones, and provisions for Reasonable Accommodation requests. The proposed amendments would be consistent with State and Federal law and implement the City's Housing Element. D. Resource Management: The Resource Management Element open space component is to guide and set policy framework for existing and future open spaces for use by residents. The conservation component focuses on protecting and maintaining available natural resources and discouraging wasteful consumption practices. Any proposed development resulting from Municipal Code Amendment 10- 07 would be located in a developed urban area, and as such, will not result in any impact upon natural resources. In line with the goals and policies of the Resource Planning Commission Resolution No. 13 -11 4 Management Element, Municipal Code Amendment 10 -07 proposes revised development standards for the City's Open Space zoning district. The revised standards are intended to provide urban relief, recreation, and environmental preservation standards that are consistent with polices of the Resource Management Element. E. Noise: The Noise Element characterizes the existing noise environment, identifies existing noise sources, projects the noise environment at General Plan build out, and provides goals, policies, and programs for maintaining acceptable noise levels. The Rosemead Municipal Code contains an existing Noise Ordinance in Chapter 8.36 of Title 8 of the Rosemead Municipal Code. The Comprehensive Zoning Code Update proposes development performance standards in Article 2 that state that no land use may violate the City's noise standards. F. Public Safety: Impacts to law or fire enforcement, parks, and public facilities are area or community specific. The proposed municipal code amendment would not impact police, fire, or school services, and there would be no change in demand for or use of public parks. The entire City of Rosemead is located in Flood Zone C (flood insurance is not mandatory) and is free from any flood hazard designations. SECTION 3. The Planning Commission HEREBY RECOMMENDS TO THE CITY COUNCIL APPROVAL of Municipal Code Amendment 10 -07, repealing Title 17 in its entirety and replacing it with the changes indicated in Exhibit "A," and amending Chapter 5.41 (Home Occupations) of Title 5 by incorporating the changes shown in Exhibit "B ", where changes to existing code in both Title 17 and Title 5 are shown in green text to be added, strikethrough (black) for text to be deleted, and black text for existing to remain. SECTION 5. This Resolution shall take effect immediately. SECTION 6. This Resolution is the result of an action taken by the Planning Commission on September 16, 2013 by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 7. 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 16' day of September 2013. Diana Herrera, Chairwoman Planning Commission Resolution No. 13 -11 5 CERTI FICATION 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 16 day of September, 2013, by the following vote: YES: NO: ABSENT: ABSTAIN: Michelle G. Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Resolution No. 13 -11 EXHIBIT "A" COMPREHENSIVE ZONING CODE UPDATE - MUNICIPAL CODE AMENDMENT 10 -07 PROPOSED TITLE 17 (ZONING CODE) (Available separate due to bulk) Planning Commission Resolution No. 13 -11 7 EXHIBIT "B" COMPREHENSIVE ZONING CODE UPDATE MUNICIPAL CODE AMENDMENT 10 -07 PROPOSED AMENDMENTS TO TITLE 5, CHAPTER 5.41 (HOME OCCUPATIONS) (Available separate due to bulk) Planning Commission Resolution No. 13 -11 8 ATTACHMENT E Reserved PC RESOLUTION 13 -12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT ZONE CHANGE 13 -01, AMENDING A PORTION OF THE CITY OF ROSEMEAD ZONING MAP TO IMPLEMENT THE CITY'S GENERAL PLAN AS PART OF THE COMPREHENSIVE ZONING CODE UPDATE WHEREAS, on October 14, 2008, the City Council adopted a comprehensive update to the Rosemead General Plan, by Resolution No. 2008 -66, and WHEREAS, on April 13, 2010, the City Council adopted an amendment to Rosemead General Plan, by Resolution No. 2010 -23, and WHEREAS, the General Plan provides a vision that will guide the future development in the City of Rosemead through a set of goals, objectives, and policies, and WHEREAS, pursuant to Government Code Section 65860, local jurisdictions, with newly adopted general plans, are required to amend their zoning ordinances and zoning maps to ensure consistency with the newly adopted general plan, and WHEREAS, an amendment to the City's existing Zoning Map is proposed as part of the City's Comprehensive Zoning Code Update project to ensure that this document is internally consistent with the proposed municipal code amendments, and WHEREAS, Chapter 17.116 of the Rosemead Municipal Code authorize the Planning Commission to consider and recommend proposed zone changes to the City Council; and WHEREAS, on July 10, 2013 and July 11, 2013, Community Outreach Workshops relative to the Comprehensive Zoning Code Update project were held and comments from the public were heard; and WHEREAS, on August 13, 2013, the City Council and Planning Commission held a Joint Special Meeting relative to the Comprehensive Zoning Code Update project and comments from the City Council and Planning Commission were heard; and WHEREAS, a on August 15, 2013 a Public Hearing Notice and a Notice of Intent to adopt a Negative Declaration 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)(4) and California Government Public Resource Code 15073, and the notice was also posted at the five (5) public locations in the City; and Planning Commission Resolution No. 13 -12 1 WHEREAS, on September 16, 2013, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to the Negative Declaration (SCH No. 2013081031) and Zone Change 13 -01, and WHEREAS, on September 16, 2013, the Planning Commission made a finding of adequacy with the Negative Declaration and recommended that the City Council adopt the Negative Declaration, as the environmental clearance for Zone Change 13 -01 by Planning Commission Resolution No. 13 -10. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY FINDS AND DETERMINES that Zone Change 13 -01 is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the approval of Zone Change 13 -01 in that the proposed will provide a superior level of planning and protection to the quality and character of the City. SECTION 2. The Planning Commission FURTHER FINDS AND DETERMINES that Zone Change 13 -01 is consistent with the Rosemead General Plan as follows: A. Land Use: The General Plan is a set of long -term goals and policies that are used to guide development decisions. The Zoning Map, along with the Zoning Code, is a tool that is used to implement the goals and policies of the general plan. Zone Change 13 -01 is part of a Comprehensive Zoning Code Update project that is pursued to implement General Plan policy. The following list supports the amendments to the Zoning Map that will implement the goals and policies of the City's General Plan: 1. The General Plan Update established a Mixed -Use Industrial /Commercial land use category to accommodate light industry, research and development, and office uses in the City. The emphasis is on businesses that provide career oriented and trade jobs. Zone Change 13 -01 proposes a new CI -MU (Commercial - Industrial Mixed -Use) zone which corresponds to the General Plan Mixed -Use Industrial /Commercial land use designation on the General Plan and Zoning Ordinance Consistency Table (Table 2 -5). 2. To implement General Plan Land Use Policy 1.7, which calls for fostering housing stock and neighborhood revitalization, renovation, and good site /architectural design, the Zone Change 13 -01 proposes rezone approximately ten (10) acres of existing P -O (Professional Office) zone to the R -3 (Medium Multiple Residential) zone, where existing development is entirely residential. B. Circulation: The Circulation Element provides goals and policies related to the development of a transportation network that would support the existing and planned development in the City, as provided in the Land Use Element. Zone Change 13 -01 will bring City zoning designations into compliance with the goals, objectives, and policies of the General Plan. Potential impacts to traffic and transportation depend on Planning Commission Resolution No. 13 -12 2 the extent of a proposed project and local conditions. Each new proposed project will be required to provide efficient vehicular access to the site. Furthermore, all developments will be required to satisfy the parking requirements outlined in the municipal code. C. Housing: The Housing Element identifies the City's goals, policies, and programs relating to the provision of adequate housing to existing and future residents in the of the City of Rosemead, by identifying the needs of existing households and projected increase in population. The proposed zone change will not induce substantial new population growth nor displace existing housing units or people. The zoning map update will bring City zoning designations into compliance with the goals, objectives, and policies of the General Plan. The new CI -MU (Commercial Industrial Mixed -Use) zone is proposing maximum Floor Area Ratios (FAR) consistent with what is already established in the City's General Plan. The rezoning of existing P -O (Professional Office) zoned property to R -3 (Medium Multiple Residential) will further Goal 5 which calls for targeted land use changes that improve housing and economic opportunities for residents and businesses and achieve fiscal and environmental objectives. D. Resource Management: The Resource Management Element open space component is to guide and set policy framework for existing and future open spaces for use by residents. The conservation component focuses on protecting and maintaining available natural resources and discouraging wasteful consumption practices. No land is being re- designated to allow development that was formally targeted for some conservation or resource management or extraction purpose E. Noise: The Noise Element characterizes the existing noise environment, identifies existing noise sources, projects the noise environment at build out of the City, and provides goals, policies, and programs for maintaining acceptable noise levels. The Rosemead Municipal Code contains an existing Noise Ordinance in Chapter 8.36 of Title 8 of the Rosemead Municipal Code. The associated development standards to the zones identified and established in this update will require new developments to comply with the City's noise standards. Noise impacts resulting from Zone Change 13- 01 would be similar to and possibly less than, the level of impacts identified in the 2008 General Plan EIR and 2010 Addendum. F. Public Safety: Impacts to law or fire enforcement, parks, and public facilities are area or community specific. The proposed municipal code amendment would not impact police, fire, or school services, and there would be no change in demand for or use of public parks. The entire City of Rosemead is located in Flood Zone C (flood insurance is not mandatory) and is free from any flood hazard designations. SECTION 4. The Planning Commission HEREBY RECOMMENDS TO THE CITY COUNCIL APPROVAL of Zone Change 13 -01, amending the City of Rosemead zoning map with the changes indicated in Exhibit "A," to implement the City's General Plan and ensure consistency with the Zoning Code. Planning Commission Resolution No 13 -12 3 SECTION 5. This Resolution shall take effect immediately. SECTION 6. This Resolution is the result of an action taken by the Planning Commission on September 16, 2013 by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 8. 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 16 day of September 2013. Diana Herrera, Chairwoman Planning Commission Resolution No. 13 -12 4 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 16 day of September, 2013, by the following vote: YES: NO: ABSENT: ABSTAIN: Michelle G. Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Resolution No. 13 -12 EXHIBIT " A " COMPREHENSIVE ZONING CODE UPDATE - ZONE CHANGE 13 -01 PROPOSED ZONING MAP AMENDMENTS Planning Commission Resolution No. 13 -12 ZONE CHANGE 13 -01 New CI -MU (Commercial Industrial Mixed Use) Zone Location on General Plan Map D cCMFA11 GemrM Mm a Mixed Use1ndustrial /Commercial Planning Commission Resolution No. 13 -12 Existing M -1 (Light Manufacturing and Industrial) parcels to be rezoned to new CI -MU (Commercial - Industrial Mixed -Use) Zone Location on Zoning Map AERIAL MAP OF NEW CI -MU ZONE Property Addresses and Assessor Parcel Numbers • 2644 San Gabriel Boulevard (APN: 5283 -012 -904) . 2630 San Gabriel Boulevard (APN: 5283-012 -019) • So Cal Water Company (APN: 5283-012 -800) • 2618 San Gabriel Boulevard (APN: 5283-012 -026) . 2542 San Gabriel Boulevard (APN: 5283-013 -021) . 2536 San Gabriel Boulevard (APN: 5283-013 -017) • 2530 San Gabriel Boulevard (APN: 5283-013 -018) • 2524 San Gabriel Boulevard (APN: 5283-013-019) • 2516 San Gabriel Boulevard (APN: 5283-013-020) Planning Commission Resolution No. 13 -12 ASSESSOR PARCEL MAPS SHOWING LOCATION PROPOSED CI—MU ZONE 5283 12 o 1 989 9 N) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - AEAVI ii.. LOT 3 -3. AAAI, . z a1 - - A. ® ---- qq 1 v It 5283-013 ri A. >j co J� GARVA41A AVE, A L I ': Z CODE no MHUYANNT., AHI-V - LOT 2 ED < 0 z AVE RICHARD GARVEY'S ADDITION N0. TO THE TRACT KNOWN AS THE GAINICY RANCH M.R. 70-69-71 .1 . a IRA.. u1.1 Planning Commission Resolution No. 13-12 9 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LOT 3 a1 - - A. ® ---- Planning Commission Resolution No. 13-12 9 Existing P -O (Professional Office) zoned parcels to be rezoned to R -3 MU (Medium Multiple Residential) Zone Planning Commission Resolution No. 13 -12 10 Location on General Plan Map Location on Zoning Map Property Addresses • 8858 Marshall Street (APN: 5390 - 017 -029) • 8852 Marshall Street (APN: 5390- 017 -030) • 8837 Glendon Way (APN: 5390 - 017 -053) • 8843 Glendon Way (APN: 5390 - 017 -054) • 8902 Marshall Street (APN: 5390 - 017 -055) • 8908 Marshall Street (APN: 5390 - 017 -056) • 8914 Marshall Street (APN: 5390- 017 -057) • 8920 Marshall Street (APN: 5390 - 017 -058) • 8926 Marshall Street (APN: 5390- 017 -059) • 8927 Glendon Way (APN: 5390 - 017 -074) 8921 Glendon Way (APN: 5390 - 017 -075) • 8915 Glendon Way (APN: 5390 - 017 -076) 8907 Glendon Way (APN: 5390 - 017 -077) 8903 Glendon Way (APN: 5390 - 017 -078) Planning Commission Resolution No. 13 -12 11 Residential Area West of Rosemead Boulevard, North of Glendon Way Assessor Parcel Map 53W I 2001 O .:, AM A » O I - I I -- ^ AM 1 1 1 I I I I I 1 I i I M W I I 1 I I I 1 O 1 mDafaM ml upo WAY 1 7r au I! M 110![LCM M6 31'114-11! Ip -h "W+ Ltf IRIL? NCL_ _ -to 11 -!e ,L55( S MAP ft SEL MAP P M 98-1 CW1Ntt Y LO! ANULFS. CAW Location on Zoning Map Property Addresses No Address (APN: 8594- 027 -052) 9211 Ramona Boulevard (APN: 8594 - 027 -050) 9219 Ramona Boulevard (APN: 8594- 027 -049) • 9223 Ramona Boulevard (APN: 8594- 027 -011) • 9233 Ramona Boulevard (APN: 8594- 027 -012) • 9243 Ramona Boulevard (APN: 8594- 027 -067) 9253 Ramona Boulevard (APN: 8594- 027 -015) • 9259 Ramona Boulevard (APN: 8594- 027 -016) • 9303 Ramona Boulevard (APN: 8594- 027 -017) 9307 Ramona Boulevard (APN: 8594 - 027 -065) • 9323 Ramona Boulevard IAPN: 8594- 027 -066 • 9223 Ramona Boulevard (APN: 8594 - 027 -011) • 9343 Ramona Boulevard (APN: 8594- 028 -016) 9349 Ramona Boulevard (APN: 8594- 028 -013) • 9355 Ramona Boulevard (APN: 8594- 028 -019) 3511 Rio Hondo Avenue (APN: 8594 - 028 -018) • 3515 Rio Hondo Avenue (APN: 8594- 028 -008) 9228 Glendon Way, Units A —G (APN: 8594- 027 -055) • 9215 Glendon Way (APN: 8594- 022 -036) • 9223 Glendon Way (APN: 8594 -022 -037) Planning Commission Resolution No. 13 -12 13 Assessor Parcel Map 8594 -022 594 22 .. 1994 9r v4 1 I I 1 j 16' I I I I I I w +u rm r.n.m: r vw. r. 4 ` . 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U L y r• • � w slwc•. a•r coot a 41 4' Planning Commission Resolution No. 13 -12 15 ATTACHMENT F Reserved PC RESOLUTION 13 -13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN AMENDMENT TO THE EXISTING SINGLE - FAMILY DESIGN GUIDELINES AS PART OF THE COMPREHENSIVE ZONING CODE UPDATE WHEREAS, on June 12, 2007 the City Council adopted Single - Family Residential Design Guidelines by Ordinance No. 851 to provide guidelines on what constitutes appropriate design features for large home development, and WHEREAS, the Single - Family Residential Design Guidelines require amending when General Plan and Zoning Code amendments are proposed to ensure that the guidelines do not conflict with the current General Plan policies, objectives, and policies or Zoning Code development standards, and WHEREAS, the City of Rosemead is pursuing a comprehensive update to the City's Zoning Code (Title 17 of the Rosemead Municipal Code) to further enhance the quality of life in Rosemead, to implement General Plan policy, and to add provisions mandated by State and Federal law, and WHEREAS, the proposed changes to the Zoning Code include revised development standards relating to single - family homes in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), and R -3 (Medium Multiple Residential) to clearly articulate the City's desire for quality development; and WHEREAS, the City is pursuing amendments to the existing Single - Family Residential Design Guidelines to ensure that the guidelines are consistent with the Comprehensive Zoning Code Update; and WHEREAS, a on August 13, 2013 a Notice of Completion for the adoption of the Negative Declaration (State Clearinghouse No. 2013081031) was sent to the California State Clearinghouse for a public review period of thirty (30) days, beginning on August 14, 2013 and ending on September 12, 2013, and WHEREAS, a on August 15, 2013 a Public Hearing Notice and Notice of Intent to adopt the Negative Declaration, specifying the public comment period and the time and place for a public hearing pursuant to California Government Code Section 65091(a)(4) and California Government Public Resource Code 15073, was provided to the Los Angeles County Clerk, published in the Rosemead Reader, and posted at the five (5) public locations in the City; and WHEREAS, on September 16, 2013, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to the Negative Declaration (SCH No. 2013081031) and the amendment proposed to the City's Single - Family Residential Design Guidelines, and WHEREAS, on September 16, 2013, the Planning Commission made a finding of adequacy with the Negative Declaration and recommended that the City Council adopt the Negative Declaration, as the environmental clearance for the Comprehensive Zoning Code Update, which includes the proposed revisions to the Single - Family Residential Design Guidelines, by Planning Commission Resolution No. 13 -10. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY FINDS AND DETERMINES that the amendment to the Single - Family Residential Design Guidelines is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed amendment will provide a superior level of planning and protection to the quality and character of the City. A. The adoption of revised Single - Family Residential Design Guidelines will improve the design characteristics of future single - family home design throughout the community. Negative impacts to existing mature neighborhoods associated with large home development will be avoided. The amended guidelines will be consistent with the residential standards proposed in the Comprehensive Zoning Code Update. The guidelines will provide early guidance to facilitate communication for project applicants proposing new homes and additions to existing homes. SECTION 2. The Planning Commission HEREBY RECOMMENDS TO THE CITY COUNCIL ADOPT the amendment to the "Single- Family Residential Design Guidelines" attached hereto as Exhibit 'A" where changes to the existing guidelines are shown in green text to be added, strikethrough (black) for text to be deleted, and black text for existing to remain. SECTION 3. This Resolution shall take effect immediately. SECTION 4. This Resolution is the result of an action taken by the Planning Commission on September 16, 2013 by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. Planning Commission Resolution No. 13 -13 2 PASSED, APPROVED and ADOPTED this 16 day of September 2013. Diana Herrera. Chairwoman 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 16th day of September, 2013, by the following vote: YES: NO: ABSENT: ABSTAIN: Michelle G. Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Resolution No. 13 -13 3 EXHIBIT "A" COMPREHENSIVE ZONING CODE UPDATE - AMENDMENT TO SINGLE - FAMILY RESIDENTIAL DESIGN GUIDELINES (Available separate due to bulk) Planning Commission Resolution No. 13 -13 4 ATTACHMENT G Reserved 17.16.030 Commercial District Development Standards. A. General requirements. Development Standards Table. New land uses and structures and alterations to existing land uses and structures in the P -O, C -1, C -3, C4, and CBD zones shall conform to the requirements in Table 17.16.030.1, Commercial District Development Standards, as well as specific district standards listed below. Table 17.16.030.1 Commercial District Development Standards TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 30 AND ZONE SPECIFIC STANDARDS Requirement by Zoning District Development Feature P-0 C -1 CJ C-4 CBD Minimum Lot Area 10,000 sq. ft. 5,000 sq. ft. 5.000 sq. ft. Area #1 15 ac Area #2 3 ac 5.000 sq. ft. Minimum Lot 50 ft. 50 ft. 50 ft. 100 ft. 50 ft. Width/Depth See General Plan See General See General See General Plan Sae General Plan Land Use Plan Land Use Plan Land Use Land Use Land Use Floor Area Ratio (FAR) Designation and Designation and Designation and Designation and Designation and Corresponding Corresponding Corresponding Corresponding Corresponding Maximum FAR in Maximum FAR Maximum FAR Maximum FAR in Maximum FAR in Amiendix A in Appendix A I In A endix A Appendix A Armendix A Setbacks Minimum setbacks re uired Front 10 ft. None None 20 ft. None Side None None None 0 or : 10 ft. None Side Adjoining Residential Zone 10 ft. 10 ft. 15 ft. 15 ft. 5 ft. Rear 20 ft. None None 0 or: 10 ft. None Rear Adjoining Residential Zone 20 ft. 20 ft. 15 ft. 20 ft. 10 ft. Height 50 ft. 35 ft. 75 ft. 75 ft. 75 ft. Height Adjoining See Section 17.08.0501 (Variable Height) Residential Zone Parking See Chapter 17.112 (Oft Street Parking & Loading) TITLE 17— ZONING ARTICLE 2— ZONING DISTRICTS, ALLOWABLE LAND USES 30 AND ZONE SPECIFIC STANDARDS TITLE 17 - APPENC Title 17 Appendix A General Plan Land Use Map Last Amended by City Council Resolution 2012 -74 TITLE 17 - APPENDIX A Table i -I Nonresidential General Plan Land Use Categories and Maximum Floor Area Ratios (FAR) Maximum Land Use Categories FAR Commercial / Business Categories C Commercial (a) 0.35:1 FAR HIC High Intensity Commercial (a) 0.35:1 FAR OLI Office /Light Industrial 0.5:1 FAR Mixed -Use Category MRC Mixed -Use 1.6:1 FAR Residential /Commercial (b) MHRC Mixed -Use High Density 2.0:1 FAR Residential /Commercial (c) MIC Mixed -Use 2.5:1 FAR Industrial /Commercial Public /Institutional Category PF Public Facilities N/A Ope Space Categories OS Open Space/Natural Resources N/A. CEM Cemetery N/A Notes: a) Maximum of 1.0:1 FAR allowed for hotel uses that meet the requirements in Article 3, Chapter 13.30 (Section 17.30.130). b) Mixed -Use Residential /Commercial assumes a 67% residential, 33% commercial land use mix. c) Mixed -Use High Density Residential /Commercial assumes a 75% residential, 25% commercial land use mix. TITLE. 17 - APPENDIX A 5. Residential units shall be permitted in a residential /commercial mixed -use development provided that the densities shall be consistent with the General Plan. 6. Location of Uses. a. RetaiVCommercial uses shall be permitted on the ground floor or second floor in a residential /commercial mixed -use development. b. Retail Commercial uses shall not be permitted above any professional and business office uses or residential uses. c. 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. 1) Exception. If a residential /commercial mixed -use development is located at corner that abuts a local residential street, professional office uses may be permitted on the first floor within the portion of the development that abuts the local residential street, provided that the corner tenant is reserved for a commercial retail use. d. 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. D. Development standards. 1. Public Realm and Streetscape. a. Public Sidewalks. The following shall apply to public sidewalks: 1) The minimum building setback shall be twelve (12) feet as measured from the curb face, and shall be in the form of both existing right -of -way and a recorded pedestrian access and utility easement; 2) The minimum building setback area shall include a minimum seven -foot wide detached sidewalk (clear zone) and a minimum five -foot wide parkway (amenity zone) adjacent to all streets. The amenity zone shall be located between the curb face and the clear zone. The clear zone shall be located between the building and the amenity zone, 3) The sidewalk in the clear zone shall be constructed of concrete, comply with ADA accessibility standards and be subject to the review of the City Engineer; TITLE 17 - ZONING ARTICLE 2 - ZONING DISTRICTS, ALLOWABLE LAND USES 74 AND ZONE SPECIFIC STANDARDS additional height would provide unique architectural elements that would enhance the project overall. 14. Screening. a. Rooftops should be designed in a way that acknowledges their visibility from other buildings and the street. Equipment shall be screened on all four (4) sides from both the street and neighboring buildings using parapets or similar architectural features and from the top where visible from an adjacent building of greater height. b. Service and loading zones where visibility from public streets and views from neighboring buildings and properties shall be screened by the use of decorative walls and /or dense landscaping that will serve as both a visual and a noise barrier. 15. Land Use. a. Ground Floor Uses. 1) Notwithstanding Section 17.28.030.C.7.c.1), the ground floor uses on the street frontage shall be fetaWcommercial. 2) Outdoor seating may be allowed on private property with a conditional use permit. 3) When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation physical design and plant material should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area and a sign shall be posted. b. Vertical Compatibility of Uses. 1) Commercial uses shall be designed and operated such that neighboring residents of residential units on the floors above are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries or late night activity. 2) A conditional use permit shall be required for commercial uses that operate after midnight. 3) No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments at the property lines of the site or within the interior of residential units on the site. 16. Noise Abatement. a. Loudspeakers, bells, gongs, buzzers, or other noise attention or attracting devices that exceed sixty (60) decibels between the hours of 7:00 a.m. and 10:00 p.m. or forty -five (45) decibels between the hours of 10:00 p.m. and 7:00 a.m. at any one time beyond the boundaries of the property or within office or residential uses on the floors above shall not be permitted. b. All windows in residential units in a residential /commercial mixed -use development shall be double - paned. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 83 AND ZONE SPECIFIC STANDARDS c. Mechanical equipment shall be set back a minimum of four (4) feet from any residential property line and shall be insulated to prevent any noise disturbance. d. Residential portions of the project shall be designed to limit the interior noise caused by the commercial and parking elements of the development. Proper design may include, but shall not be limited to, building orientation, double or extra - strength windows, wall and ceiling insulation, and orientation and insulation of vents. 17. Architecture. a. Ground Floor Facade, 1) There shall be articulated facades at the ground floor street frontage, which may include such measures as indentation in plane, change of materials in a complimentary manner, and sensitive composition and juxtaposition of openings. 2) A building shall have no more than twenty (20) feet of continuous linear street - level frontage that is without windows or entrances or other architectural detail. 3) A minimum of fifty (50) percent of the ground floor facade facing any arterial street to a height of eight (8) feet shall be visually transparent into the building or provide a minimum depth of three (3) feet for window merchandise display. Any deviation may be reviewed and approved by the Community Development Director. Window Placement. Windows of residential units in residential /commercial mixed - use developments shall not directly face windows of other residential units within the residential /commercial mixed -use development, unless there is a distance of 80 feet or more between such windows. Windows of residential /commercial mixed -use developments shall not directly face windows of residential units on lots that abut the residential /commercial mixed -use development in order to maximize privacy. c. Design Differentiation Between Floors. The area where the first floor meets the second floor shall clearly define a change in materials, colors, and style between the first and second floors. 18. Signs. a. A uniform sign program shall be approved by the Planning Division for each residential /commercial mixed -use development. b. Permitted sign types shall be limited to wall, window, awning and monument signs and shall not be located above the first floor. c. Building- mounted signs, including cumulative total of one (1) squar e building frontage of each business. wall, window and awning, shall not exceed a foot of sign area per one (1) lineal foot of d. Pole signs shall be prohibited. TITLE 17- ZONING ARTICLE 2- ZONING DISTRICTS, ALLOWABLE LAND USES 84 AND ZONE SPECIFIC STANDARDS 3. Maximum Coverage. The maximum lot coverage of all structures shall not exceed forty (40) percent of the total lot area. 4. Floor Area Ratio (FAR): a. The FAR of a hotel or motel development must be consistent with the land use designation in the General Plan. The General Plan permits additional FAR in the Commercial and High Intensity Commercial land use designations for hotels only. b. Hotels only in the Commercial or High Intensity Commercial land use designation in the General Plan may be developed up to a maximum permitted FAR of 1.0:1 if the projects meet the required development standards identified in the table below. 1) If a project in one of these land use designations does not meet all of the required amenity standards described in the table below, a maximum FAR of 0.35:1 shall be allowed. 2) A hotel project may substitute two (2) additional amenities from the table below for each required amenity. TABLE 17.30.110.2 Hotel and Metet Amenity Standards lee Business Center Service' flat RBqW Fed Required Complementary breakfast Net - Required Required In -room wired or wireless high speed Internet P}eFRequired Required Additional Amenities: Multi- function ballroom /meeting rooms Net Required Optional Restaurant or bar /lounge Plat- Required Optional Concierge desk Plot Regnired Optional Convenience store /snack shop Piet - Required Optional Daycare services Piet Requ Fed Optional Day spaisalon NeFRequired Optional Fitness Center Pie! Required Optional Florist or gift shop 0191 Required Optional Laundry Service Net- Required Optional Pool or spa/Jacuzzi Piet Required Optional Additional Amenities: (Continued) MofN Hotel Reception Lounge Piet RBquired Optional Room Service Net Regaired Optional Self- service laundry Plat- Required Optional Valet Parking Net- Regnired Optional Business Center service includes guest access to centrally located computer, tax, and copy macmne. 5. Number of Rooms. a. Hotels: Minimum fifty (50) Rooms TITLE 17 - ZONING ARTICLE 3- REGULATIONS FOR SPECIAL USES AND STRUCTURES 19 b. Motels: No minimum. Minimum fifty (50) rooms 6. Floor area per guest room: a. Hotels: Minimum four hundred (400) square feet b. Motels: Minimum three hundred (300) square feet c. For the purposes of this section the floor area per guest room shall be calculated by dividing the total gross floor area of the project by the total number of rooms. 7. Interior. /Exterior Corridors: a. Hotels: Interior Corridors only b. Motels: Exterior corridors permitted 8. Landscaping. A minimum of ten (10) percent of the total lot area is to be landscaped. 9. Yards. Side and rear yards, when abutting residentially zoned or used property, shall be not less than ten (10) feet from property line. 10. If requested by a motel /hotel operator /owner in applying for a conditional use permit, notwithstanding Section 5.42.030 of this Code, the owner /operator may rent rooms for extended periods exceeding thirty (30) consecutive days or thirty (30) days in any sixty (60) consecutive day period, as authorized by the conditional use permit. The right to rent rooms for extended periods as authorized by the conditional use permit shall be conditioned upon the owner /operator agreeing to pay and paying to the city at the time set forth in Section 3.16.070 for remission of transient occupancy tax payments, a payment in lieu of taxes in an amount equal to the transient occupancy tax that would otherwise be payable were the units occupied for less than thirty (30) days. In determining the number of units in a motel /hotel complex that may be so occupied, the Planning Commission shall consider the following criteria: a. Whether or not the overall site design and the floor plans of individual rooms proposed are conducive to extended occupancy. b. Whether or not adequate parking and other amenities are provided to support extended occupancy. c. Whether or not the renting of rooms for more than thirty (30) consecutive days is likely to lead to or, in the case of existing motels /hotels, has lead to, police problems due to the design of the motel /hotel and /or the nature of the surrounding area. In applying for the conditional use permit, the owner /operator shall determine the number and /or percentage of rooms to be offered for extended occupancy. The Planning Commission may approve the request as submitted or may establish an alternate number and /or percentage based upon the review of the above criteria, provided, however, that the number shall not be less than twenty (20) percent of the total number of rooms in the hotel or motel nor more than thirty (30) percent of the total number of rooms. TITLE 17 — ZONING ARTICLE 3 — REGULATIONS FOR SPECIAL USES AND STRUCTURES to 17.36.060 Development standards. The following regulations shall apply to condominium projects unless otherwise provided in this Zoning Code. A. Minimum Lot area. Minimum lot area for commercial /industrial condominium and stock cooperatives. The minimum lot or parcel area for a commercial or industrial condominium project shall be forty thousand (40,000) square feet, and shall have a minimum street frontage of one hundred (100) feet, and a minimum lot depth of one hundred (100) feet as measured from the center line of the property. 2. Minimum lot area for residential projects. The minimum lot or parcel area for a residential condominium project shall be twenty thousand (20,000) square feet, and shall have a minimum street frontage of one hundred (100) feet, and a minimum depth one hundred (100) feet as measured from the center line of the property. B. Density, lot coverage, and floor area ratio. Density, lot coverage, and floor area ratio shall conform to the requirements of the General Plan and Zoning Code requirements for the district in which the condominium project is proposed. mW C. Dwelling unit size (residential projects only). Each dwelling unit shall have a minimum floor area as shown in Table 17.32.060.1. (Residential Condominium Floor Area Requirements). 2. less than Welye (12) feet on any ensien. TABLE 17.36.060.1 RESIDENTIAL CONDOMINIUM FLOOR AREA REQUIREMENTS Unit Type Walmma Floor Area Studio Unit 600 square feet One Bedroom Unit 650 square feet Two Bedroom Unit 800 square feet For Each Additional Bedroom An additional 200 square feet TITLE 17 - ZONING ARTICLE 3 - REGULATIONS FOR SPECIAL USES AND STRUCTURES accommodate mobile homes used for human habitation. Such a conversion may affect an entire mobile home park or any portion thereof. A conversion shall include, but is not limited to, a change of any existing mobile home park or any portion thereof to condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the mobile home park are to be sold, and the cessation of use of all or a portion of the park as a mobile home park, whether immediately or on a gradual basis, or the closure of the park. "Conversion" shall not include the purchase of the park by its existing residents. The provisions of Government Code Section 66427.5 shall apply in that circumstance. "Enforcement Agency" means the Community Development Director of the City or a duly appointed representative. "Mobile Home" i h9FA8 PaFks and eapab of be equ w wheels eF S'FA dey feF the PUFpese of means a trailer, transportable in one or more sections; that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974; that is over eight feet in width and forty (40) feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single -unit dwelling." "Mobile Home Owner" means the registered owner or owners of a mobile home., whe has a "Mobile home park" as used in this section, shall have the same meaning as defined in the Health and Safety Code Section 18214. "Mobile Home Park Owner" or "Park Owner" means the owner, lessor, operator or manager of a mobile home park in the City of Rosemead. "Mobile Home Resident" or "Resident" includes the following: the registered owner or owners of a mobile home, who has a tenancy in a mobile home park under a rental or lease agreement (whether or not the owner(s) occupy such mobile home) or a member of the immediate household of the mobile home owner (provided such member resides within the mobile home), a person who occupies a mobile home within a mobile home park pursuant to a bona fide lease or rental agreement with the mobile home owner and who, during his or her tenancy, was not the owner or member of the immediate household of the mobile home owner. "Mobile Home Space" means any area, tract of land, site, lot, pad, or portion of a mobile home park designated or used for the occupancy of one mobile home. "Park" means any plot of ground, area or tract of land upon which two or more mobile homes are located and occupied for dwelling or sleeping purposes whether or not a charge is made for such accommodations. This subsection shall not be construed to include automobile, motor home, or mobile home sales lots on which unoccupied vehicles are parked for the purposes of inspection and sale. TITLE 17 - ZONING ARTICLE 3 -REGULATIONS FOR SPECIAL USES AND STRUCTURES 62 ATTACHMENT H Reserved Comprehensive Zoning Code Update Summary of Change City of Rosemead Planning Division September 2013 TABLE OF CONTENTS Comprehensive Zoning Code Update PAGE Title 17 Zoning Code Amendments - Overview Zoning Map Amendments - Overview 22 Summary of Change - Rosemead Zoning Code Update 2013 ARTICLE 1 PURPOSE AND APPLICABILITY OF ZONING CODE Article 1 contains Chapter 17.04 (General Provisions). This revised chapter provides an overview of the purpose and applicability of the Zoning Code. Significant changes proposed in this chapter include a new section for "Interpretation of Provisions" and more zoning and land use definitions. The following is a summary of these changes: Section 17.04.040 Interpretation of Provisions This new procedure will allow the Community Development Director to make interpretations of the Zoning Code as policy decisions, upon following specific standards. Interpretations would be distributed to the City Council, Planning Commission, City Attorney, City Clerk, and all affected staff when made. Any interpretation can be appealed to the Planning Commission. An interpretation can also be referred to the Planning Commission. The application of this new provision could include permitting a proposed land use that is not identified in the Zoning Code if the use is substantially similar to a use that is permitted. Section 17.04.050 (Definitions — ge neral New Definitions Body Branding Eave • Accessory Structure Body Scarring Emergency Health Facility • Accessory Use Breezeway Emergency Shelter • Acupuncture Business and Business Equipment Rental Yard • Alcohol Sales, Off -Sale Activity Facade • Alcohol Sales, On -Sale Car Wash Family • Ambulance Fleet Services Catering Service Farmers' Market • Animal Hospital /Clinic Commercial Recreation Financial Service or • Animal Grooming Community Development Institution • Animal Retail Sales Director Fence • Apartment studio Conditional Use Permit Floor • Architectural Feature Convenience Store Floor Area • Assembly /Meeting Facilities, Corner Cutoff Area Fortunetelling Public or Private Cottage Food Operation Frontage • Automated Teller Machine Cultural Institution Funeral Homes and (ATM) Day Care, Limited and Mortuaries • Attic General General Plan • Automobile Car Wash Child Day Care, Small and Glare - Automobile Lube and Tune Large Family Government Facilities Facility Disability Grade, Existing • Automobile Parts and Discretionary Permit Grade, Finished Accessory Store Donation Box Group Home • Automobile Rental or Drive - Through or Drive -Up Hardscape Leasing Facilities Health /Fitness Facilities • Automobile Repair Garage Driveway (Large and Small) • Bar /Cocktail Lounge Easement Hedge • Basement Eating and Drinking Height of Fence or Wall • Beauty Health /Spa Establishments (Accessory Heliport • Beauty shop Food Service, Bars, Helistop • Bedroom Lounges, Nightclubs, Homeowners Association • Berm Taverns, Fast Food, Home Occupation • Body Art Outdoor Dining, Sit -Down Horticulture (Commercial or • Body Art Establishment Restaurant, and Take -Out Private) Service) Industry (Light and Heavy) Summary of Change — Rosemead Zoning Code Update 2013 3 • Internet/Cyber Cafe • Kitchen • Landscaping • Laundry and Dry Cleaning Services (Off -Site, On -site, and Self- Service) • Lot Coverage • Lot Line (Front, Interior, rear Side • Lot Width • Manufactured Housing Unit • Massage (Massage Establishment • Mezzanine • Medical Use • Ministerial • Mixed Use Development • Mobile Housing Unit (Mobile Home) • Mobile Home Park • Office (Administrative Business Professional, Government, Medical and Dental) • Open Space • Outdoor Storage • Outdoor Use and Display • Outpatient Surgery Facility • Overhang • Pad, building • Parapet • Parking, Joint Use • Parking, Shared • Parking Space (Garage Parking, Off - Street, On- Street) • Parking Structure • Parks and Recreation Facilities • Parkway • Patio • Patio Cover • Personal Services Business (General and Restricted) • Personal Storage (Mini - Storage or Self- Storage, Indoor Only) • Pharmacy • Places of Assembly • Places of Religious Assembly • Planning Commission or Commission • Pool and Billiard Hall • Porte - Cochere • Postal Services • Printing and Duplicating Services • Public Facility • Queuing Space • Radio/TV Broadcast Studios /Recording Studios, Film TV Studios • Reasonable Accommodation Request • Recharging Station • Recreational Vehicle (RV) • Recycling Facility (Processing Facility) • Research and Development • Residential Care Facility • Residential Use • Retail Store • School, Business or Trade • Screened • Secondhand Store • Setback (Front Yard, Primary Building Line, Rear yard, and Side Yard) • Shopping Center • Single Room Occupancy (SRO) • Specialty Retail (C-4 zone) • Specific Plan • Storage (Accessory, Outdoor, Personal Storage Facility) • Structurally Altered. • Studio - Art, Dance, Martial Arts, Music • Supermarket • Supportive Housing • Swimming Pool • Tandem Parking Stall • Tot Lot • Transitional Housing • Tutoring Services (Large and Small) • Urgent Care Facility • Utilities • Vending Machine • Veterinary Services (Animal Hospital /Clinic • Wall • Warehouse Retail Store • Warehousing • Wholesaling • Wireless Communications Facilities Modified Definitions • Animal Boarding /Kennels • Arcade • Building Height • Carport • Dwelling • Dwelling Unit (Multi - Family, Primary, Single- Family, Second, Two - Family) • Educational Institute • Floor Area Ratio • Garage • Hospital • Lot Width, Average • Nonconforming Structure • Nonconforming Use • Recycling Facility (Small and Large Collection Facility) • Use • Yard (Yard Area, Required Yard Area, Side, Rear, Front) Removed Definitions • Automobile Auction • Boarding House • Dwelling, Group • Large Collection Facility • Mini Mall Project • Mobile Recycling Unit • Occupancy, Change of • Occupied • Recyclable Material • Story, Half • Trailer • Trailer, Travel • Trailer park Summary of Change — Rosemead Zoning Code Update 2013 4 ARTICLE 2 ZONING DISTRICTS, ALLOWABLE LAND USES AND ZONE - SPECIFIC STANDARDS Article 2 establishes all zoning districts, their allowed uses. and district development standards to implement the uses of land established by the General Plan. The districts are identified on the Zoning Map and the various zones correspond to the General Plan Land Use Plan map and land use categories. The density of residential uses and intensity of non - residential use allowed within the various zones is no greater than allowed by the Land Use Element of the General Plan. Article 2 is the heart of the Zoning Code and each of the other Articles of the code are directly related. Each zone has a list of allowed uses and the majority of those uses are defined in Article 1, Section 17.04.050 (Definitions — general). Uses are either allowed by right or are subject to discretionary review such as an Administrative Use Permit (AUP) or Conditional Use Permit (CUP). If a particular use is not listed in the tables, it is not allowed unless the Community Development Director finds (i.e. interprets) that an unlisted use is similar to a listed use. All discretionary permit processes are defined in detail in Article 5 (Land Use and Development Application Procedures). Allowed Land Uses and Development Standards The specific entries within the various land use tables are based upon current zoning regulations, the purpose of each zone and its corresponding land use category of the Land Use Element of the General Plan, related policies of General Plan, and the locations of the various zones and their unique relationships with their surroundings. Other factors influenced the entries within the allowed use tables including a desire to simplify the process wherever possible, to maintain consistency with any applicable State laws, and to avoid creating nonconforming uses where possible. The allowed use tables also contain references to specific use regulations that are located within Article 3 (Standards for Special Uses and Structures) as a way to highlight the reader to additional regulations for that listed use. Each of the zones also has base development standards that are listed in several tables. Those standards include minimum lot dimensions, density, minimum setbacks, lot coverage limits, floor area limits, structure height, and open space among others. In many cases, specific dimensions, areas, percentages or ratios appear. In other cases, there is a reference to a separate Chapter or Section where the standards can be found when those standards are too complex to appear within the development standard tables. As with the allowed use tables, the development standards are based upon current zoning regulations so as to avoid creating nonconformities. Where new standards were necessary for Summary of Change — Rosemead Zoning Code Update 2013 5 new zones, entries were based upon existing standards for similar uses within existing zoning classifications. The most noteworthy changes related to new uses and development standards that have been added are outlined below. CHAPTER 17.08 ESTABLISHMENT OF DISTRICTS AND GENERAL REQUIREMENTS Section 17.08.050.1 Flexible Variable Height Requirement. Variable height is an existing height requirement that is imposed as an additional height requirement for nonresidential construction adjacent to residential properties. Historically the City's variable height requirement has been considered too restrictive to nonresidential developers. It has been argued that the current standard impacts creative design and economic feasibility. A less restrictive, and nicely illustrated, variable height requirement is proposed. CHAPTER 17.12 RESIDENTIAL ZONING DISTRICTS (R -1 (Single - Family Residential). R -2 (Light Multiple Residential), and R -3 (Medium Multiple Residential) zones) Residential - Land Use Changes • Residential Flag Lot Subdivisions will no longer be permitted in the City of Rosemead. • Single - Family Dwellings and Two - Family Dwellings (Duplexes) will be permitted in the R- 3 (Medium Multiple Residential) zone. • Mobile Home Parks will require approval of a Conditional Use Permit in the R -1, R -2, and R -3 zones. • Small Family Child Care Home, (8 or fewer children) will be permitted in the R -1, R -2, and R -3 zones. • Large Family Child Care Home (9 -14 children) will require the approval of an Administrative Use Permit in the R -2 and R -3 zones. • Residential Care Facilities (6 or fewer individuals) will be permitted in the R -1, R -2, and R -3 zones. • Residential Care Facilities (7 or more individuals) will require the approval of a Conditional Use Permit in the R -2 and R -3 zones. • Supportive Housing will be permitted in the R -1, R -2, and R -3 zone. • Transitional Housing will be permitted in the R -1, R -2, and R -3 zone. • Temporary Uses and Special Events will be subject to the approval of an administrative permit. • Home Occupations will include Cottage Food Operations. The following uses will no longer be allowed upon the approval of a Conditional Use Permit in residential zones: • Airports or aircraft landing fields; • Institutions of a philanthropic or charitable nature, Summary of Change — Rosemead Zoning Code Update 2013 6 • Golf courses and country clubs, • Storage facilities, • Wholesale nurseries; • The installation and /or use of equipment utilizing cogeneration. ( "Cogeneration" means the sequential use of energy for the production of electrical and useful thermal use followed by power production or the reverse), • Hospitals, sanitariums and ancillary uses, and • Medical clinics for the treatment of contagious diseases, mental illnesses, or substance abuse (liquor, drugs, etc.) cases. RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS Residential Development Standards • A minimum of 20% of the entire R -1 and R -2 parcels shall be landscaped with plant materials. Any other portions of the lot can be any other type of landscape material. • Total floor area of the second floor, including areas designated as covered or uncovered balconies, shall not exceed 75% of the floor area of the first floor. For this calculation, floor area of the first floor shall only include the first floor living area, and any floor area designated as garage floor area if the garage is attached. CHAPTER 17.16 COMMERCIAL ZONING DISTRICTS (C -1 (Neighborhood Commercial), C -3 (Medium Commercial), C -4 (Regional Commercial), and CBD (Central Business District) zones) Commercial - Land Use Changes • Multi - Family housing will not be permitted in the P -O (Professional Office) zone. • Open Air Markets held on a recurring basis, such as farm or craft markets, may be permitted upon the approval of a Conditional Use Permit in the C -3 and CBD zones. • Outlet centers are permitted in the C -3 zone. • Warehouse retail stores are permitted in the C -3 upon the approval of a Conditional Use Permit. • Outdoor dining (up to 800 square feet) is permitted as an accessory use and will not require the additional parking requirements of an eating establishment. • Several Automotive - related uses, such as Automobile Repair, Auto Auctions, Auto part installation will no longer be allowed in the C -3 zone with the approval of a Conditional Use Permit. • Automotive Lube and Tube facilities will be allowed upon the approval of a Conditional Use Permit in the C -3 zone. • Fortune telling will require the approval of an Administrative Use Permit in the C -3 zone. The use is currently allowed as a permitted use. • Massage services will require the approval of an Administrative Use Permit in the C -3 zone. The use is currently allowed as a permitted use. • Antique stores will be permitted in the C -1.. C -3, and CBD zones. Summary of Change — Rosemead Zoning Code Update 2013 7 • Automotive parking facilities will be permitted upon the approval of a Conditional Use Permit in the C -3 and CBD zones. The current Code did not list this use. • Small tutoring facilities for not more than five (5) students will be permitted in the P -O, C- 3, and CBD zones. Currently all types of tutoring facilities require a Conditional Use Permit. • Health fitness facilities and Art, Dance, Music, and Martial Arts Studios (up to 2,000 square feet) will be permitted upon approval of an Administrative Use Permit in the C -3 and CBD zones. Larger facilities will require the approval of a Conditional Use Permit. Commercial - Development Standards • Development standards, such as lot area minimums and setback requirements have been added to all commercial zones. The current Code did not contain any such requirements. • Through the application of a discretionary Site Plan and Design Review application in accordance with the provisions in Article 5, Chapter 17.136, the Planning Commission may allow the numerical height requirement, indicated as maximum feet in this section, to exceed the maximum by no more than five (5) feet upon recommendation from the Community Development Director if it is determined that the additional height would provide unique architectural elements that would enhance the project overall. (Section 17.030.A.3 - Exceptions to Height Limit) • A new restriction is proposed on the division of space. Each lease space must comply with a minimum 800 square foot standard. • A discretionary design review will be required for any proposal to construct a new building of 3,000 gross square feet or more; or the addition of 3,000 square feet of more within a one year period, or an addition that exceeds fifty (50) percent of the existing floor area. All other proposals (smaller buildings and additions and interior tenant improvements) will only require staff review. The current Code limits discretionary design review to improvements made within the Design Overlay zone. CHAPTER 17.20 COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS (CI -MU (Commercial Industrial Mixed -Use) and M -1 (Light Manufacturing and Industrial) zones) Commercial and Industrial - Land Use Changes • Currently any use permitted in a commercial zone is also permitted in the M -1 zone. The Zoning Code Update proposes to limit the uses in the CI -MU and M -1 zones to career oriented, research and development, office, and industrial uses. • The CI -MU zone is a new zone that will allow heavy commercial and quasi - industrial uses. Commercial retail uses will only be permitted as an accessory use. Commercial and Industrial Zones - Development Standards • Development standards, such as lot area minimums and setback requirements have been added to the CI -MU and M -1 zones. The current Code did not contain such requirements. Summary of Change — Rosemead Zoning Code Update 2013 8 • A discretionary design review will be required for any proposal to construct a new building of 3,000 gross square feet or more; or the addition of 3,000 square feet of more within a one year period, or an addition that exceeds fifty (50) percent of the existing floor area. All other proposals (smaller buildings and additions and interior tenant improvements) will only require staff review. The current code limits discretionary design review to improvements made within the Design Overlay zone. CHAPTER 17. 24 SPECIAL PURPOSE ZONING DISTRICTS (P (Automobile Parking), P -D (Planned Development), and O -S (Open Space) zones) Special Purpose Zones - Land Use Changes • Automobile Parking (P) zone has been updated to provide for specialized facilities that serve a critical but single purpose need for automobile parking. • The P -D zone has been revised to clarify that institutional uses are permitted, in addition to commercial and residential uses. Special Purpose Zones - Development Standards • Development standards, such as lot area minimums and setback requirements have been added to the P and O -S zones. The current Code did not contain any such requirements. • The Planned Development approval process has been simplified. Only two (2) public hearings will be required instead of three (3). • The open space percentage requirements in the P -D zone have been eliminated for flexibility, and language defining when a P -D plan becomes expired, null, and void has been redefined for clarity. CHAPTER 17.28 OVERLAY ZONES (D -O Design Overlay and RC -MUDO (Residential Commercial Mixed Use Development Overlay) zones) Overlay Zones - Land Use Chances • Mixed -use projects in the RCMUDO zone will only require the approval of the Planning Commission. Currently, such projects require City Council approval upon receiving a recommendation of approval from the Planning Commission. • Outdoor Display and Sales will be permitted in compliance with Chapter 17.76. Currently, outdoor display and sales is prohibited in the Residential Commercial Mixed -Use Design Overlay. Summary of Change - Rosemead Zoning Code Update 2013 9 ARTICLE 3 REGULATIONS FOR SPECIAL USES AND STRUCTURES Article 3 (Regulations for Special Uses and Structures) provides development standards and in some cases operational standards for twenty -three (23) different uses. Some of the uses and correlating standards are existing standards that were just reorganized into this particular Article. Chapter 17.30 (Standards for Specific Land Uses) contains standards for the following uses noted below. A summary is provided where noteworthy changes are proposed. • Adult Businesses (Section 17.30.030) • Alcohol Beverage Sales (Section 17.30.040) Currently, the sale of alcohol requires a Conditional Use Permit and is subject to findings required for the issuance of the permit outlined in Chapter 17.112, Section 17.112.100 (Alcoholic Sales — Permit issuance conditions). The proposed Code provides new operational controls for all alcohol sales, in addition to the required findings for approval. These new standards will cover sales activities, litter and graffiti, security, mandatory sales training by the California Department of Alcoholic Beverage Control for business owners, operators or managers, conditions of approval, public telephones, and signage. • Automated Teller Machines (ATMs) And Walk -Up Bank Services (Section 17.30.050) • Automobile Car Wash (Full Service And Self- Service) (Section 17.30.060) • Automotive Lube And Tune Facility (Section 17.30.070) • Automotive Service Station (Section 17.30.080) • Body Art (Section 17.30.090) The current Zoning Code does not provide operational control standards for Body Art establishments. The update proposes to permit such establishments by right in the M -1 zone subject to specific development controls relating to health and safety measures and hours of operation. Establishments where tattoos, piercings or removal of tattoos are performed by board - certified medical or dental personnel within an office as part of a medical or dental procedure are exempt from these provisions. Also, piercings involving only the outer perimeter or lobe of the ear using a pre - sterilized single use stud and clasp ear - piercing system performed as an ancillary use in conjunction with a permitted primary use are exempt from the requirements. • Donation Boxes - Outdoor (Section 17.30.100) The current Code does not contain provisions for outdoor charitable donation boxes. These are generally bins measuring no more than eight feet wide by eight feet long Summary of Change — Rosemead Zoning Code Update 2013 10 and eight feet high, and they are established as an accessory use to a primary use for the purpose of providing a collection location for donated clothes, shoes, and small household items. Such facilities generally are established by a charitable or non - profit organization. Standards are proposed to address placement and maintenance. • Drive - Through Or Drive -Up Facilities. (Section 17.30.110) The current Code does not contain provisions for drive - through or drive -up facilities. Standards are proposed to ensure that the facilities are designed and operated to effectively mitigate problems of congestion, excessive pavement, litter, noise, pedestrian safety, traffic, and unsightliness. • Emergency Shelters And Temporary Aid Centers. (Section 17.30.120) State law requires local jurisdictions to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones must have sufficient capacity to meet all of the City's identified needs for emergency shelter and include appropriate development standards. Currently emergency housing is not a permitted use in any zones within the City. Therefore, the Zoning Code proposes the M -1 zone as the most appropriate for emergency shelters and adequate to meet the City's need for a facility with a capacity for seven (7) beds. Furthermore, Temporary Aid Shelters will be permitted as an accessory use to any "Assembly /Meeting Facility." • Hotels And Motels. (Section 17.30.130) • Internet Cafe And Game Arcades. (Section 17.30.140) Currently, game arcades require a Conditional Use Permit and they are subject to operational controls and findings required for the issuance of the permit outlined in Chapter 17.112, Section 17.112.090. The proposed update includes Internet Cafes and provides additional standards, such as location limitations and stricter security provisions. For example, it is proposed that no Internet or Cyber Cafes or Game Arcade use shall be established or maintained within a 500 -foot radius, as measured from the property line, of any park. school, other internet cafe /arcade, or a public playground. • Karaoke KTV Studios. (Section 17.30.150) • Large And Small Family Day Care Facilities. (Section 17.30.160) A Small Family Child Day Care Home is a day care facility located in a single - family dwelling where an occupant of the dwelling provides care and supervision for eight (8) or fewer children. A Large Family Day Care Home provides care and supervision for nine (9) to fourteen (14) children. Children under the age of ten (10) years who reside in the dwelling count as children served by the day care facility. Such uses must comply with all applicable State regulations to be considered a Small or Large Family Child Care Home. The update proposes to permit a Small Family Child Day Care Home in the R -1, R -2, and R -3 zones. Large Family Day Care Home facilities would be permitted upon the approval of an Administrative Use Permit in the R -2 and R -3 zones. Summary of Change — Rosemead Zoning Code Update 2013 11 • Outdoor Dining. (Section 17.30.170) The current Zoning Code does not contain provisions for outdoor dining. It has been Planning Division policy to require parking for outdoor dining areas, regardless of the amount of area dedicated to such use. Land studies have shown that requiring additional parking for outdoor dining discourages restaurants and other food establishments from creating outdoor pedestrian environments, which are goals for the City outlined in the Valley Boulevard and Garvey Avenue Master Plans. For this reason, the update proposes to require additional parking when the outdoor seating exceeds 50% of the gross interior floor area of the restaurant, as outlined in the off- street parking requirements in Article 4, Chapter 17.112. The provisions in Article 3, Section 17.30.170 propose placement and separation standards when areas are located near public rights -of -way and when alcohol is served. • Recycling Facilities. (Section 17.30.180) The current Code provides standards for recycling facilities in Chapter 17.12, Section 17.12.220. Minor revisions are proposed for the location and operation of small and large commercial facilities in accordance with State law. • Second Dwelling Units. (Section 17.30.190) • Single Room Occupancy (SRO). (Section 17.30.200) Single -room occupancy units, or SROs, provide housing for one or two people with minimal space and amenities. The current Zoning Ordinance makes no specific mention of single -room occupancy establishments. To implement the Housing Element of the General Plan, the update proposes to allow SRO developments upon the approval of a Conditional Use Permit in the C -3 (Medium Commercial), CBD (Central Business District), and M -1 (Light Manufacturing and Industrial) zones. Article 3 also contains individual chapters covering specific uses and structures that are either applicable to all zones or require a separate chapter due to the amount of detail of standards required for these matters. Separate chapters have been created for the following uses and structures. • Chapter 17.32 (Accessory Structures) The current zoning Code contains provisions for accessory structures within each of the zoning districts. The update proposes to combine all provisions into one chapter. This new chapter covers permit requirements, accessory structures in residential zones, accessory structures in non - residential zones, and provisions for solid waste and recyclable materials storage areas. • Chapter 17.36 (Condominiums and Condominium Conversions) The current zoning Code contains development standards for condominiums in Chapter 17.88. Revisions in this section are proposed to improve the land use planning of such developments. Summary of Change — Rosemead Zoning Code Update 2013 12 • Chapter 17.42 (Mobile Homes and Manufactured Housing) The current Code provides standards and requires a discretionary design review for mobile homes and manufactured housing in Chapter 17.92. However, State law mandates that this housing type be subject to the same zoning standards of other residential uses. The update proposes that a manufactured housing unit be considered a single - family dwelling and be subject to the Residential District Development Standards identified in Chapter 17.12 (Residential Zoning Districts). • Chapter 17.46 (Mobile Home Parks and Park Conversions) The current Code contains provisions for Mobile Home Parks and Park Conversions in Chapters 17.96 and Chapter 17.98. The update combines these chapters and refers development standards to State requirements for compliance with State law. • Chapter 17.54 (Wireless Telecommunication Facilities) Summary of Change — Rosemead Zoning Code Update 2013 13 ARTICLE 4 SUPPLEMENTALSTANDARDS Article 4 contains the ten (10) chapters. These chapters are indicated below, and notations have been made where notable changes and additions are proposed. • Chapter 17.68 (Fences, Walls, And Landscape Screening) Revisions proposed related to fencing include design standards to improve the aesthetic quality of private properties in the City. Examples of such revisions include standards for the screening of mechanical equipment and type of fence materials permitted. New standards related to fencing prohibit the use of barbed or razor wire, electrified wire, chicken wire and similar small gauge wire or mesh product, plastic, or other materials hazardous to wildlife in both residential and non - residential zones. Chain -link fencing may only be used where it is not visible from the public right -of -way. However, provisions for the maintenance, repair, and replacement of legal nonconforming chain - link fencing on residential zoned properties is proposed in Chapter 17.72 (Nonconforming Uses, Structures, Lots and Parking Facilities). • Chapter 17.72 (Nonconforming Uses, Structures, Lots and Parking Facilities) The Zoning Code Update proposes to eliminate the original abatement clauses that were not enforceable in the current Code and replace them with clear standards for the purpose of encouraging the continued improvement of the City by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while allowing for improvements to their appearance. Most cities have termination and abatement clauses ranging from 90 days for some nonconforming uses and up to 50 years for nonconforming structures depending on the use and structure type. The City of Rosemead currently has a termination and abatement clause, but it was never enforced because there were no clear provisions to implement the process. The revised standards are intended to be business friendly and not detrimental to the economic vitality of the community, while providing a process to eliminate nonconforming uses, especially if they become detrimental to a neighborhood. Examples of the revisions include: o Maintaining the existing abandonment or discontinuance of use clause: A nonconforming use that has been abandoned or has been discontinued for a period of one (1) year shall not be reestablished and any subsequent reuse or any new use established shall conform to the current provisions of this Title. o Maintaining the existing change of use clause: A nonconforming use that is changed, or replaced by a conforming use shall not be reestablished. c Adding a new provision for existing Variances and Conditional Use Permits in effect: No use, building, or structure shall be defined as nonconforming for the purpose hereof, where it was previously authorized by a zone variance or conditional use permit, so long as the use, building, or structure conforms with Summary of Change — Rosemead Zoning Code Update 2013 14 the terms and conditions of the variance or conditional use permit. The variance or conditional use permit must be validly issued and remain unrevoked and unexpired. o Adding a new provision for loss of legal nonconforming status: The right to continue a nonconforming use shall terminate when it is determined to be a public nuisance. o Adding provisions to allow beautifying improvements to legal nonconforming structures, including interior alterations, repairs and maintenance, and some enlargements subject to the Minor Modification process. c Adding new provisions for structures that are nonconforming due to lack of parking. The current Zoning Code contains a list of uses that can occupy a structure if the nonconformity is only due to lack of parking. However, the list is limited and contains numerous outdated uses. The Zoning Code Update proposes that any structure that is nonconforming due to parking be allowed to change to another use so long as the new use is permitted in the zoning district and the new use does not require any more parking than the current use within the structure. o Creation of Exceptions for Single - Family Residential Land Uses in Non - Residential Zones. This section has been added to allow all properties zoned non - residential that were previously zoned residential to maintain some development rights under residential zoning as long as the site is not developed as non - residential. The exception would allow property owners to maintain rights to build, rebuild, and expand under the R -1 zone designation. Properties will lose their ability to build or rebuild if the site is developed as non - residential. Furthermore, any residential development that does not conform to the R -1 floor area ratio and density limitations would not qualify. o Maintenance, repair, and replacement provisions have been included for legal - nonconforming chain -link fencing located in the R -1, R -2, and R -3 zones. • Chapter 17.76 (Outdoor Sales And Garage Sales) This new chapter is proposed to provide a permit process for any business in the C -1 (Neighborhood Commercial), C -3 (Medium Commercial), C -4 (Regional Commercial), CBD (Central Business District), CI -MU (Commercial Industrial Mixed Use), and M -1 (Light Manufacturing and Industrial) zones seeking to establish an outdoor display of merchandise. The Chapter also includes existing standards for garage sales on residential property. The administrative application process for Outdoor Sales on non- residential property requires the submittal of a site plan. photos, and other exhibits as may be required to properly evaluate the request along with an application fee in an amount to be determined by resolution of the City Council. The application process requires the applicant to include the days of the week, hours, and number of weeks per year for which the application is requested. Outdoor displays are geared toward retail establishments, and when planned carefully, encourage pedestrian friendly Summary of Change — Rosemead Zoning Code Update 2013 15 environments, as well as promoting successful businesses through the use of alternative marketing methods. • Chapter 17.84 (Density Bonus) The current Code does not implement State bonus density law. This Chapter adds density bonus regulations consistent with State law to promote the City's goal to add affordable units to the housing stock. • Chapter 17.88 (Lighting) The current zoning Code does not contain specific standards for the use and placement of exterior lighting. Development design standards for placement and light intensity are proposed to improve the aesthetic quality of private properties in the City. • Chapter 17.92 (Public Art) • Chapter 17.96 (Green Building) The City of Rosemead currently requires specific building practices for all new construction and substantial remodels through Title 15, Chapter 15.20 (Green Building Standards Code). To implement general plan policy, the Zoning Code Update encourages the use of green building practices beyond what is required in Title 15 through a voluntary green building program. • Chapter 17.104 (Oak Tree Preservation) • Chapter 17.112 (Off- Street Parking and Loading) Over the years the City Council and the Planning Commission have expressed the need to review and update the City's parking Codes and standards. This is partly due to on- going issues with shortage of parking within the City's commercial centers. Revisions to Off - Street Parking and Loading requirements have been made to expand land uses and their parking requirements, create more detailed design standards, organize all parking ratio requirements into an easy to read table summary, and provide provisions for creative parking solutions. The following are examples of the proposed revisions: • Calculation /Rounding of quantities: When the calculation of the required number of off - street parking spaces results in a fraction of 0.50 or greater, the total number of spaces shall be rounded up to the nearest whole number. The current Code requires all fractions to be rounded up to the next highest whole number. • Alternative Parking Provisions: Parking requirement determined by parking study: In the event the proposed land use is for a multi- tenant and/or mixed use development or involves a Specific Plan or Planned Development Permit, the Director may authorize the preparation of a parking study to determine the required number of parking spaces as an alternative to the number of off - street parking as outlined in the "Off- Street Parking Requirement Table" subject to the approval of a Conditional Use Permit. • Shared /Joint Use and Off -Site Parking: The Director shall be the designated review authority for the review and approval of any proposal shared, joint use, or off -site parking arrangements, unless such parking is included in an application requiring approval of another review authority. Summary of Change — Rosemead Zoning Code Update 2013 16 • Revised Parking Space Dimensions: Non - residential parking stalls will be reduced from nine (9) feet wide by twenty (20) feet deep to nine (9) feet wide by eighteen (18) feet deep. • Provisions for Valet Parking: Valet parking will be permitted for commercial uses subject to the approval of an Administrative Use Permit. Chapter 17.116 (Signs) Summary of Change — Rosemead Zoning Code Update 2013 17 ARTICLE 5 LAND USE AND DEVELOPMENT APPLICATION PROCEDURE Article 5 includes the requirements related to planning permit application filing, processing and review procedures. The complete list of chapters in Article 5 is provided below, and notes have been added to highlight proposed additions and revisions when compared to the current Code. • Chapter 17.120 (Applications And Processing) This is a new Chapter that provides procedures and requirements for the preparation, filing, and initial processing of applications for the land use permits required by the Zoning Code. It contains a table that provides a list of all the different types of land use permits, which also identifies the review authority (Staff, Planning Commission, or City Council) responsible for reviewing and making decisions on each type of application. Chapter 17.120 also proposes to codify the current optional Pre - Application Review Process. • Chapter 17.124 (Temporary Use Permits and Special Events) The current Zoning Code does not contain provisions for the issuing of permits for temporary uses and special events. A temporary use means a land use that is interim, non - permanent, and /or seasonal in nature, lasting between from one to 30 days, and generally not more than 30 consecutive days in duration. A special event is a short-term event lasting not more than three (3) days. The City currently only has policy provisions for approving Special Events. Chapter 17.124 is proposed to allow for short-term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with the proposed standards. The Community Development Director, or his /her designee, will have the authority to issue these types of permits. • Chapter 17.128 (Administrative Use Permit) The Zoning Code Update proposes an "administrative approval" process to streamline the development review process for certain more ministerial approvals with the Community Development Director. The Administrative Use Permit is intended to allow for public review of land use proposals which are not of sufficient magnitude or complexity to warrant a Planning Commission hearing, but which could have a noticeable impact on the neighborhood. Uses listed in the Zoning Code as requiring an Administrative Use Permit are deemed to possess location, use, building or traffic characteristics of such unique and special form as to make impractical or undesirable their automatic inclusion as permitted uses. In granting an Administrative Use Permit, certain conditions may be required to protect the public health, safety, convenience, and general welfare and to assure that the purposes of the Zoning Code shall be maintained with respect to the location, use, building, traffic and other impacts of the proposed use and its relationship with other existing and proposed uses in the surrounding area. Examples of uses that will require the approval of an Administrative Use Permit include, but are not limited to: Summary of Change — Rosemead Zoning Code Update 2013 in • Outdoor Dining (if area is greater than 800 square feet) • Beauty Health Spas in the C -3 (Medium Commercial) and CBD (Central Business District) zones • Massage Establishments in the C -3 (Medium Commercial) and CBD (Central Business District) zones • Ambulance Services in the C -3 (Medium Commercial) zone • Studio, Art, Dance, Martial Arts, Music Class (up to two thousand (2,000) square feet) in the C -1 (Neighborhood Commercial), C -3 (Medium Commercial), and CBD (Central Business District) zones. • Chapter 17.132 (Conditional Use Permits) The update proposes two (2) changes to the existing Conditional Use Permit regulations. Currently, Conditional Use Permit become null and void, if the permit has been unused, abandoned or discontinued for a period of six (6) months. The update proposes to increase this time limit to one (1) year. The current Code also requires that any expired Conditional Use Permit should be revoked. To streamline the permit process, it is proposed that expired permits do not require an additional public hearing for revocation. • Chapter 17.136 (Site Plan and Design Review) Chapter 17.136 is a new chapter proposed to provide provisions for the review of both administrative and discretionary site plan development. It provides a process for the comprehensive review of some projects not otherwise subject to discretionary review to insure compliance with the Zoning Code, General Plan policies and site design criteria. Chapter 17.140 (Variances) Currently, Variance approvals become null and void if the permit has been unused, abandoned or discontinued for a period of six (6) months. The update proposes to increase this time limit to one (1) year. Chapter 17.142 (Minor Exception) The purpose of a Minor Exception is to give the Community Development Director the authority to allow an exception to certain development standards prescribed in the Zoning Code when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of the Code occur by reason of a strict interpretation and enforcement of any of the provisions. The Minor Exception review procedure is also intended to streamline the development review process. The procedure requires written consent from all property owners abutting the property. If written consent is not obtained, a noticed public hearing before the Community Development Director would be required. Examples of such modifications the Community Development Director would have authority to approve include. but are not limited to: o Modifications of the rear yard, side yard, lot coverage, driveway, or parking stall size as may be necessary to secure an appropriate improvement of a lot to prevent unreasonable hardship or to promote uniformity of appearance, provided such modifications do not exceed a twenty percent (20 %) variation from existing regulations. Summary of Change — Rosemead Zoning Code Update 2013 19 o Modifications of fence, wall, hedge, sign, swimming pool, and storage regulations, including vehicles, boats, trailers, and campers, as may be necessary to secure an appropriate improvement or use of a lot, provided that such modifications do not exceed a twenty percent (20 %) variation from existing regulations. • Chapter 17.144 (Reasonable Accommodations) Under the federal Fair Housing Act, the City is required to make reasonable accommodations in rules, policies, practices and services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling. Such accommodations may include the relaxation of parking standards, and structural modifications. Chapter 17.144 is proposed because the City currently lacks a reasonable accommodation application procedure. • Chapter 17.148 (Development Agreements) In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the State of California adopted Section 65864 et. seq. of the Government Code, authorizing local governments to enter into Development Agreements with applicants for development projects. The objective of such an agreement is to provide assurances that, upon approval of the project, the applicant may proceed with the project in accord with existing policies, rules, and standards, subject to the conditions of approval, thus vesting certain development rights in the property. The purpose of this new chapter is to establish procedures and requirements for consideration of Development Agreements by the City consistent with State law. • Chapter 17.150 (Specific Plans) The purpose of this new Chapter is to provide regulations for review of development in those areas of the City for which a Specific Plan has been adopted pursuant to Government Code Section 65450 and Government Code Section 65453. Summary of Change — Rosemead Zoning Code Update 2013 20 ARTICLE 6 ADMINISTRATION AND ENFORCEMENT Article 6 of the zoning code describes the authority and responsibility for code administration. Also included are the procedural requirements for public hearings, appeals, zone changes, and code amendments. The update proposes clear standards in Chapter 17.168 to promote a fair process for revoking and modifying permits that are not in compliance with the Zoning Code. A notable revision in the draft document also includes a "Request for Review" process in addition to an appeal process in Chapter 17.160. The Request for Review process would allow any City Council person the ability to review any decision made by the Planning Commission by filing a written statement with the City Clerk. However, unlike an appeal, a Request for Review does not indicate support for or opposition to such decision, but is filed because the filer believes that such decision involves a matter of such interest, importance, precedent or significance that such decision should as a matter of policy and planning be made by elected officials. Lastly, Zoning Code enforcement provisions have been added into one (1) chapter, Chapter 17.164 (Enforcement), for the purpose of establishing provisions that are intended to ensure compliance with the requirements of this Zoning Code and any conditions of planning permit approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by existing Rosemead Municipal Code, Chapter 1.16 (General Penalty), Chapter 1.20 (Administrative Citations), and this Chapter may be avoided. Summary of Change — Rosemead Zoning Code Update 2013 21 ZONING MAP AMENDMENTS New CI -MU (Commercial Industrial Mixed Use) Zone The General Plan Update has established a mixed -use industrial /commercial land use category "to accommodate light industry, research and development, and office uses. The emphasis is on businesses that provide career oriented and trade jobs." (City of Rosemead General Plan Land Use Element) The CI -MU zone has been created to implement the General Plan land use policy. The CI -MU zone is intended to provide heavy commercial and quasi - industrial uses that are consistent with the General Plan Mixed -Use Industrial /Commercial land use designation. Auto - oriented retail, service business, and commercial uses that require heavy equipment may be allowed when designed to meet the needs of the immediate employment population. The new CI -MU zone will consist of nine (9) parcels totaling approximately 6.46 acres (281,397 square feet). Current land uses include the LA County Fire Station, Southern California Water Utility Yard, Light Industrial Buildings, a Residential Motel. an Office Building, and a Church. Summary of Change — Rosemead Zoning Code Update 2013 22 CI -MU (Commercial Industrial Mixed Use) Zone Existing M -1 (Light Manufacturing and Industrial) property would be zoned to CI- MU (Commercial - Industrial Mixed -Use) Property Addresses • 2644 San Gabriel Boulevard (APN: 5283-012 -904) • 2630 San Gabriel Boulevard (APN: 5283-012 -019) • So Cal Water Company (APN: 5283-012 -800) • 2618 San Gabriel Boulevard (APN: 5283-012 -026) • 2542 San Gabriel Boulevard (APN: 5283-013-021) • 2536 San Gabriel Boulevard (APN: 5283-013-017) . 2530 San Gabriel Boulevard (APN: 5283-013-018) • 2524 San Gabriel Boulevard (APN: 5283 - 013-019) • 2516 San Gabriel Boulevard (APN: 5283-013-020) Summary of Change — Rosemead Zoning Code Update 2013 N91 AERIAL MAP OF NEW CI -MU ZONE R -3 (Medium Multiple Density Residential) and P -O (Professional Office) Zone Changes The P -O (Professional Office) zone is currently located in three (3) areas of the City. The first area is located along the west side of Rosemead Boulevard between Valley Boulevard and Glendon Way Avenue. The second area is located just north of UFC Gym, between Glendon Way Avenue and Marshall Street. The third area is located west of Rosemead Boulevard, north of the 1 -10 Freeway, along Ramona Boulevard. A few parcels are also located along Glendon Way Avenue in this area. In order to foster housing stock and neighborhood revitalization and renovation, as well as encourage the grouping of certain types of commercial activities, the Zoning Code Update proposes to eliminate the possibility of constructing multi - family housing in the P -O (Professional Office) zone. The majority of existing P -O (Professional Office) zoned properties that are developed with residential buildings will be reclassified as R -3 (Medium Multiple Residential) zoned properties. This proposed zone change is intended to eliminate the possibility of incompatible land uses (i.e. office buildings) from being built within existing residential neighborhoods. The zone change will result in an increase of R -3 (Medium Multiple Residential) zoned property by approximately ten (10) acres. Upon project approval, the P -O (Professional Office) zone will be reduced to 2.19 acres of the City, which will be located along the west side of Rosemead Boulevard between Valley Boulevard and Marshall Street. The illustrations show the locations of the existing P -O (Professional Office) zoned parcels in the City, and where zone changes would occur upon the adoption of the Zoning Code Update. Current Zoning Code allows residential and commercial office land uses to coexist in the P -O zone. IPA iiiiiii T PO ProfestlonW Oft* I _ � V ...... t Summary of Change — Rosemead Zoning Code Update 2013 24 AREA 1 Rosemead Boulevard between Valley Boulevard and Marshall Street Area 1 is currently developed mostly with both multi - family housing and commercial office buildings. The Zoning Code Update proposes to maintain the current P -O (Professional Office) zoned parcels is in this area. This will result in only one residentially developed parcel that will continue to be classified as legal nonconforming. AREA 1 PROPOSAL P -0 zoned parcels will maintain current _ zone designation _ { ■ Zone Change (Text Amendment) will no longer allow residential uses In the F Professional Office Zone. • RESULTS: Residential land use will remain In P-0 zone. Office land use will remain In P -0 zone. e Land Area Statistics 2.19 acres (95,396 sf) 5 parcels Property Addresses • 3907 Rosemead Boulevard (APN: 5390- 012 -900) • 3925 Rosemead Boulevard (APN: 5390 - 012 -036) • 3919 Rosemead Boulevard (APN: 5390 - 012 -037) • 3733 Rosemead Boulevard (APN: 5390 - 014 -043) • 3958 Rosemead Boulevard (APN: 5390 - 013 -033) Summary of Change — Rosemead Zoning Code Update 2013 25 AREA 2 Residential Area West of Rosemead Boulevard, North of Glendon Way Area 2 is currently developed with multifamily housing units. For this reason, it is proposed that all parcels located this area be rezoned from P -O (Professional Office) to R -3 (Medium Multiple Residential). W . AREA 2 P -0 zone west of Rosemead Blvd, north of Glendon Way EXISTING LAND USE • Currently developed with multifamily housing units. PROPOSAL All parcels located In this area be rezoned to R -3 (Medium Multiple Residential). Land Area Statistics 2.9 acres (126,324 sf) 14 parcels Property Addresses 5390- 017 -058) • 8858 Marshall Street (APN: 5390- 017 -029) • 8852 Marshall Street (APN: 5390 - 017 -030) • 8837 Glendon Way (APN: 5390 - 017 -053) • 8843 Glendon Way (APN: 5390- 017 -054) • 8902 Marshall Street (APN 5390- 017 -055) • 8908 Marshall Street (APN 5390- 017 -056) • 8914 Marshall Street (APN: 5390 - 017 -057) • 8920 Marshall Street (APN: 5390- 017 -058) • 8926 Marshall Street (APN: 5390 - 017 -059) • 8927 Glendon Way (APN: 5390 - 017 -074) • 8921 Glendon Way (APN: 5390- 017 -075) • 8915 Glendon Way (APN: 5390 - 017 -076) • 8907 Glendon Way (APN: 5390 - 017 -077) • 8903 Glendon Way (APN: 5390- 017 -078) Summary of Change — Rosemead Zoning Code Update 2013 26 AREA 3 Residential Area North of 1.10 Freeway, East of Rosemead Boulevard Area 3 is currently developed with multifamily housing units. Therefore, it is also proposed that all parcels located this area be zoned from P -O (Professional Office) to R -3 (Medium Multiple Residential). AREA 3 • 9211 Ramona Boulevard (APN: EXISTING LAND USE Existing P-0 zone on Glendon Way and Ramona Currently developed Blvd, east of the Rosemead Shopping Center 8594- 027 -011) with multifamily --� - _ • 9243 Ramona Boulevard (APN: housing units. • 9253 Ramona Boulevard (APN: 8594- 027 -015) PROPOSAL 8594- 027 -016) • 9303 Ramona Boulevard (APN: • All parcels located this �_ _ •� 8594 - 027 -065) area be rezoned to R -3 ,` , " •• • 9343 Ramona Boulevard (APN: (Medium Multiple • 9349 Ramona Boulevard (APN: ^: Residential). �� — •� Single-family, two- ^ family, and multiple- family units will be allowed In the R -3 zone. LAND AREA STATISTICS " • 7.11 acres (309,711 sf) • 19 parcels Property Addresses • No Address (APN: 8594- 027 -052) • 9211 Ramona Boulevard (APN: 8594 - 027 -050) • 9219 Ramona Boulevard (APN: 8594 - 027 -049) • 9223 Ramona Boulevard (APN: 8594- 027 -011) • 9233 Ramona Boulevard (APN: 8594- 027 -012) • 9243 Ramona Boulevard (APN: 8594- 027 -067) • 9253 Ramona Boulevard (APN: 8594- 027 -015) • 9259 Ramona Boulevard (APN: 8594- 027 -016) • 9303 Ramona Boulevard (APN: 8594- 027 -017) • 9307 Ramona Boulevard (APN: 8594 - 027 -065) • 9223 Ramona Boulevard (APN: 8594- 027 -011) • 9343 Ramona Boulevard (APN: 8594 - 028 -016) • 9349 Ramona Boulevard (APN: 8594- 028 -013) • 9355 Ramona Boulevard (APN: 8594 - 028 -019) • 3511 Rio Hondo Avenue (APN: 8594- 028 -018) • 3515 Rio Hondo Avenue (APN: 8594 - 028 -008) • 9228 Glendon Way, Units A —G (APN: 8594 - 027 -055) 9215 Glendon Way (APN: 8594 - 022 -036) • 9223 Glendon Way (APN: 8594 - 022 -037) Summary of Change — Rosemead Zoning Code Update 2013 27 ATTACHMENT I Reserved COMPREHENSIVE ZONING CODE UPDATE Redline Version Copy Provided at City Council /Planning Commission Special Joint Meeting held on August 13, 2013 (Planning Commission agreed to retain their copy for Public Hearing to be held on September 16, 2013) Copy also on file in the Rosemead City Clerk's Office ATTACHMENT J Reserved Chapter 5.41 HOME OCCUPATIONS R1lx4&d1*JZ&5 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 Cottage food operations. 5.41.120 License revocation. 5.41.130 Appeals. 5.41.140 Reapplication after revocation. 5.41.150 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. 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 1 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 2 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; 3 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, not including cottage food operations, shall comply with the follawiag requirements of this Section. General requirements and standards for cottage food operations, as defined in Article 1, Section 17.04.050 of this Zoning Code, are provided Section 5.41.110 (Cottage food operations) of this Chapter. 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. 0 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. 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. 0. 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. 5 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, not including cottage food operations (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 Cottage food operations. All cottage food operations shall be required to obtain approval of a business license in accordance with the provisions of the Chapter and shall conform to the following standards and regulations: A. The applicant for the cottage food operation business license shall be the individual who conducts the cottage food operation from his or her private dwelling unit and is the owner of the cottage food operation. The permit shall not be transferable to another operator, nor transferable to another site. B. No cottage food operation shall be approved if: (1) the property line of the site of the proposed use is located within 300 feet and on the same street or the corner of cross - street of the property line of any single family home where another cottage food operation is located; or (2) if the proposed use is located within the same building of an apartment complex or other multi - family housing (i.e. condominiums or townhomes) where another cottage food operation exists. C. No greater than one (1) cottage food employee, as defined by California Health and Safety Code Section 113758(b)(1), and not including a family member or household member of the cottage food operator, shall be permitted on the premises of the cottage food operation. D. All cottage food operations shall comply with the requirements of the Los Angeles 3 County Department of Public Health and the California Department of Public Health. E. Permitted food products that can be produced at the dwelling unit as part of the cottage food operation shall be limited to those cottage food products listed by the California Department of Public Health. F. Only cottage food products produced at the cottage food operation may be sold at the dwelling unit involved. G. The use shall be conducted within the portion of the subject dwelling registered and approved by the County of Los Angeles Department of Public Health. H. There shall be no change in the outside appearance of the dwelling unit or premises, or other visible evidence of the conduct of the cottage food operation. I. No signs shall be permitted for cottage food operations, except those required by government agencies. J. The use shall not generate pedestrian or vehicular traffic or parking needs beyond the normal to the residential district. Required residential off- street parking shall be maintained. K. There shall be no motor vehicles used or kept on the premises, except residents' passenger vehicles, and no more than one (1) commercially licensed automobile, pick -up truck, or van. Furthermore, the commercial vehicle shall not exceed 1 /4 ton. L. All on site vehicle parking shall be conducted in a manner consisted with Rosemead Municipal Code. M. Visitation and deliveries incidental to the cottage food operation shall be limited to the hours of seven a.m. to seven p.m., Monday through Friday, eight a.m. to six p.m. Saturdays and Sundays, and shall not be permitted on holidays. N. 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. O. A cottage food operation 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. P. 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 Q. Gross annual sales shall not exceed the amount specified in California Health 7 and Safety Code Section 113758. R. The use shall conform to the noise standards prescribed in Municipal Code Title 8, Chapter 8.36. S. The cottage food operation shall comply with all applicable inspection requirements of Los Angeles County and Environmental Health. T. The cottage food operation shall cease, and the permit for the cottage food operation shall become null and void, when the use becomes detrimental to the public health, safety and welfare, or constitutes a nuisance, or when the use is in violation of any statute, law, or regulation. U. Additional conditions may be applied as deemed necessary by the Director. 5.41.120 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. 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 0 owner as that name and address appears on the license. 5.41.130 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. 5.41.140 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. 5.41.150 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. 10 ATTACHMENT K Reserved ww ILA w 00 x 1L 0 U J _a Z Ld 0 U) N W 1-�.. 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