Ordinance No. 931 - Approving 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 Law as Part of the Comprehensive ZoningORDINANCE NO. 931
AN ORDINANCE OF THE CITY OF ROSEMEAD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, APPROVING 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
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1 . Findings. The following findings are adopted in support of the
amendment to the City of Rosemead Municipal Code amending the City's Zoning Code
(Title 17) and Chapter 5.41 - Home Occupations (Title 5) to implement General Plan
Policy and to add provisions mandated by State and Federal law as part of the
Comprehensive Zoning Code Update.
A. On October 14, 2008, the City Council of the City of Rosemead adopted a
comprehensive update to the Rosemead General Plan, by Resolution No. 2008 -66, and
B. On April 13, 2010, the City Council adopted an amendment to Rosemead
General Plan, by Resolution No. 2010 -23, and
C. 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
D. 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
E. 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
F. The proposed changes to the Zoning Code include development
standards clearly articulate the City's desire for quality development; and
G. 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
H. 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
I. The proposed amendment would not be detrimental to the public
convenience, health, safety, or general welfare of the City, and
J. The City staff has prepared an initial study pursuant to the California
Environmental Quality Act (CEQA). This initial study determined that the proposed
municipal code amendment will not have any adverse impact on the environment, and
accordingly prepared and recommended the adoption of a Negative Declaration.
NOW, THEREFORE the City Council of the City of Rosemead, County of Los
Angeles, State of California, does hereby find, determine, and ordain as follows:
Section 2. On October 8, 2013, the City Council adopted the Negative
Declaration that was prepared and distributed for public review in accordance with the
California Environmental Quality Act Guidelines for Municipal Code Amendment 10 -07
by City Council Resolution No. 2013 -45 as the environmental clearance for the project.
Section 3. The City Council HEREBY FINDS AND DETERMINES that Municipal
Code Amendment 10 -07 is in the best interest of the public necessity and general
welfare, and good city planning practice dictates and supports the proposed
amendment, in that the change to the Rosemead Municipal Code will provide a superior
level of planning and protection to the quality and character of the City.
Section 4 . The City Council 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.
Ordinance No. 931
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. 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
Ordinance No. 931 3
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. Housin : 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
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.
Ordinance No. 931 4
Section 5. CODE AMENDMENT. The City Council HEREBY APPROVES
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 6. If any section, subsection, sentence, clause or word of this ordinance
is for any reason held to be invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The City Council
of the City of Rosemead HEREBY DECLARES that it would have passed and adopted
Ordinance No. 931 and each and all provisions thereof, irrespective of the fact that any
one or more of said provisions may be declared to be invalid.
Section 7. EFFECTIVE DATE. This ordinance shall take effect thirty (30) days
after its adoption.
Section 8. ADOPTION. The City Clerk shall certify to the adoption of this
ordinance and shall publish a summary of this ordinance and post a certified copy of the
full ordinance in the office of the City Clerk at least five days prior to the adoption and
within 15 days after adoption of the ordinance, the City Clerk shall publish a summary of
the ordinance with the names of the council members voting for and against the
ordinance. This ordinance shall take effect thirty days after the date of its adoption.
Section 9 . The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED, and ADOPTED this 22 da of O ctober, 2013.
Polly Low,
City of Ro:
ATTEST:
�'-A AlA O' kA"
GI a Molleda, City Clerk
APPP
3 QVED AS TO FORM
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achel H. Richman, ity Attorney
Burke, Williams & Sorensen, LLP
Ordinance No. 931
EXHIBIT " A "
COMPREHENSIVE ZONING CODE UPDATE -
MUNICIPAL CODE AMENDMENT 10 -07
PROPOSED TITLE 17 (ZONING CODE)
(Available separate due to bulk)
Ordinance No. 931 6
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)
Ordinance No. 931 7
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD 1
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 931 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 8th October, 2013. That after said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 22nd of October, 2013 by the
following vote to wit:
Yes: Alarcon, Armenta, Low, Ly,
No: Clark
Abstain: None
Absent: None
6J-'rA� ,
Glo ria Molleda.
City Clerk