PC - 2013-11 - Recommending that the City Council Adopt Municipal Code Amendment 10-07 Amending the City's Zoning Code and Chapter 5.41 Home Occupations to Implement General Plan Policy and To Add Provisions Mandated by State and Federal LawPC 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
Planning Commission to consider and
amendments to the City Council; and
Rosemead Municipal Code authorize the
recommend proposed municipal code
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: DINH, ENG, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
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.
/v �J4
[Diana He a
man, Z�y
Planning Commission Resolution No. 13 -11 5
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: DINH, ENG, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
Michelle G. Ramirez, a retary
APPROVED AS TO FO
Gregory M. urphy, 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