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Ordinance No. 406 - Amending Zoning OrdinanceORDINANCE NO. 406 AN ORDINANCE OF THE CITY OF ROSEMEAD AMENDING THE ZONING ORDINANCE AND AMENDING THE ROSE- MEAD MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: Section 1. Part IV of Chapter 1 of Article IX of the Rosemead Municipal Code is amended by adding subsections H, I and J to section 9104.1 and amending subsection C of Section 9105.1 to read: (Section 9104.1. Uses Permitted.) "H. Storage of building materials, used in the con- struction of a building or building project, during the construction and thirty (30) days thereafter, including • the contractor's temporary office provided that any lot or parcel of land so used shall be a part of the building project, or on property adjoining the construction site. "I. Detached living quarters on the same premises as, and not less than twenty (20) feet from a single- family residence for the use of temporary guests or ser- vants of the occupants of such residence provided: (1) That such quarters have no kitchen or kitchen facilities; (2) That such quarters are not rented or other- wise used as a separate dwelling; and (3) That such quarters are established on a lot or parcel of land having not less than one and • one-half (1~) times the required area. "J. Living quarters for servants employed in and by the occupants of a single-family residence, attached to such residence, if no additional kitchen or kitchen facilities or equipment or cooking facilities or equip- ment be established or maintained in such attached ser- vants' quarters." (Section 9105.1.) "C. Accessory buildings as provided in the R-1 zone." Section 2. Section 9111.1 of Part XI of Chapter 1 of Article IX of the Rosemead Municipal Code is amended by amending subsection 19 thereof to read: "19. Health centers, public baths and similar personal service establishments." Section 3. Part XX the Rosemead Municipal Code is A of Section 9120.11 to read: of Chapter 1 of Article IX of amended by amending subsection (Section 9120.11. Development Plan.) "A. Changes in the use or area shown in the Develop- ment Plan shall be considered the same as changes in the zoning map and shall be made in accordance with the procedures set forth in amending this Chapter, except such changes may be accomplished by a Resolution rather than by Ordinance. Minor modification in eleva- tions or area of a use may be approved by the Planning Commission and City Council without a public hearing, or in cases where the modification is so minor and insubstantial that application to the Planning Commission is not required in the public interest, by the Modifica- tion Committee pursuant to the provisions of Chapter 5.5 of Article II of this Code." • Section 4. Part XXI of Chapter 1 of Article IX of the Rosemead Municipal Code is amended by amending Section 9121.18 and adding 9121.23 to read: (Section 9121.18. Storage in Yards.) "No portion of any side yard on the street side of a corner lot, or any portion of the front yard on any lot in a residential area shall be used for the permanent storage of motor vehicles, trailers, airplanes, boats, parts of any of the foregoing, rubbish, garbage, junk, tents, clotheslines, garbage or rubbish receptacles, or building materials (except building materials used on the premises stored thereon during the time a valid permit is in effect for construction on the premises). Perma- nent storage, as used in this subsection, means the • presence for a period of forty-eight (48) or more con- secutive hours in said front or side yard." "9121.23. Uses Subiect to Planning Director Review and Aooroval. "The Planning Director may grant a modification from a setback or fence requirement of up to 20% in a residential zone when this modification is so minor and insubstantial that application to the Planning Commission for a variance, a public hearing and associated fees are not required in the public interest; and that the spirit and purpose of the zoning ordinance, adjacent properties and the public welfare will not be'adversely affected." Section 5. Part XXII of Chapter 1 of Article IX of the Rosemead Municipal Code is amended by amending Section 9122 to read: • LIJ. ((0(O (Section 9122. Automobile Parking Requirements.) "For each main building, dwelling, multiple dwelling, business, commercial, manufacturing or industrial estab- lishment or other structure hereafter erected, converted, reconstructed or enlarged, where the work done to the structure is greater than $2,000 valuation, there shall be provided and maintained off-street parking facilities to accommodate the motor vehicles used by occupants, customers, clientele and employees of such buildng or structure. The aggregate amount of parking space for each type of use shall be not less than that stated in this Part. Required parking space or spaces shall be in addition to required driveways and necessary or required turn areas." Section 6. Part XXV of Chapter 1 of Article IX of the Rosemead Municipal Code is amended by adding subsection 27 to Section 9181.1 and adding Section 9182 to read: • (Section 9181.1. Uses Permitted in Specific Zones.) "27. Theatres in the C-3 Zone." "9182. Procedure. "In cases where a Conditional Use Permit is to be modi- fied in a manner so minor and insubstantial that appli- cation to the Planning Commission is not required in the public interest, these modifications may be reviewed and acted upon by the Modification Committee as provided in Chapter 5.5 of Article II. The Modification Committee may act upon the modification or refer the matter to the Planning Commission for review, minor modifications may be approved by the Planning Commission without a public hearing." • Section 7. Part XXVII of Chapter 1 of Article IX of the Rosemead Municipal Code is amended by amending Section 9186.5 to read: "9186.5. Findings and Decision. "Within thirty-five (35) days after the conclusion of a public hearing, the Planning Commission shall render its decision on the matter so heard. The failure of the Planning Commission to render such decision within such period after the conclusion of the hearing shall be deemed to constitute a denial, except in the case of an application for zone change in which case such failure shall be deemed to constitute a recom- mendation against the proposed change. "The Planning Commission shall announce and record its actions by formal resolution, and such resolution shall recite the findings of the Planning Commission upon which it bases its decision. • 0 Oa' va "Within five (5) days after final action by the Planning Commission, or failure to act on the application, notices of its decision shall be mailed to the applicant at the address shown upon the application, and to all other persons who have filed a written request therefor with the Secretary of the Planning Commission. In the case of an application for zone change within said five (5) days, the recommendation of the Planning Commission, together with the complete records of the case, shall be delivered to the City Council. In the case of an appli- cation for a Zone Change, five (5) days prior to the public hearing before the City Council the recommendation of the Planning Commission together with the complete records of the case, shall be delivered to the City Council." 0 11 J ` v 1975. PASSED, APPROVED AND ADOPTED THIS 25th DAY OF November, MAYO ATTEST: I, Jenny E. Davenport, City Clerk of the City of Rosemead do hereby certify that the foregoing Ordinance No. 406 is a full, true, and correct copy of that Ordinance adopted by the Rosemead City Council at the Regular Meeting of November 25, 1975 by the following vote: AYES: Andersen, G. Taylor, Cichy} Trujillo NOES: None ABSENT: P. Taylor (excused) CITY CLERK AFFIDAVIT OF POSTIPIG STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: L CITY OF ROSEMEAD ) Jenny E. Davenport being 'First duly sworn, depose and say: That she now, and at all. times herein mentioned was, the city clerk of ar;d for the City of Rosemeadt; - County of Los Angeles, State of, Califnrnia, State of California; that on the 26th day of November 1 75 :posted a true and correct copy of ordinance 406 -a copy. of which is attached hereto and made a dart hereon; at each of the three public places specified in Section 2800 of the Rosemead City Code, Pursuant to Section 36933 of the California- Government Code, there being no adjudicated newspaper of general circulation published and circulated in the City of Rosemead, that said posting was completed on the 26th day ofNovember 19 75 , and that a total number of copies by law of said • - Ordinance No. 406- here so posted. DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE- AND-CORRECT," 26th November 75_- Executed on the day of 19 at Rosemead, County of Los Angeles, State of California.