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CC - Item 4B - Ordinance No. 951 - Second Reading: Approving Municipal Code Amendment (MCA) 15-02 and Amending Chapters 17.04 and 17.72 of Title 17 of the City of Rosemead Code Relating to Regulations for Nonconforming Uses, Structures, Lots (2) E M F S O '9 ct ` � ROSEMEAD CITY COUNCIL ® CIVIC PRIDE STAFF REPORT ' M.,, _..„:17 NI/4,CORPORATED 1959 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER 9,40/i DATE: JULY 14, 2015 SUBJECT: ORDINANCE NO. 951 — SECOND READING: APPROVING MUNICIPAL CODE AMENDMENT (MCA) 15-02 AND AMENDING CHAPTERS 17.04 AND 17.72 OF TITLE 17 OF THE CITY OF ROSEMEAD MUNICIPAL CODE RELATING TO REGULATIONS FOR NONCONFORMING USES, STRUCTURES, LOTS, AND PARKING FACILITIES SUMMARY On June 9, 2015, the City Council introduced Ordinance No. 951, approving MCA 15-02 and amending Chapters 17.04 and 17.72 of Title 17 of the City of Rosemead Municipal Code relating to regulations for Nonconforming Uses, Structures, Lots, and Parking Facilities. Ordinance No. 951 is now before Council at the required second reading for adoption. Staff Recommendation It is recommended that City Council ADOPT Ordinance No. 951 at its second reading. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Submitted by: L44LL&L/LI eleM1A:Ay Sheri Bermejo Michelle Ramirez City Planner Community Development Director Attachment A— Ordinance No. 951 Attachment B — City Council Staff Report, June 23, 2015 ITEM NUMBER: lc 06_ ORDINANCE NO. 951 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MUNICIPAL CODE AMENDMENT 15-02, AMENDING CHAPTERS 17.04 AND 17.72 OF TITLE 17 OF THE CITY OF ROSEMEAD MUNICIPAL CODE RELATING TO REGULATIONS FOR NONCONFORMING USES, STRUCTURES, LOTS, AND PARKING FACILITIES THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. The following findings are adopted in support of Municipal Code Amendment 15-02. A. The City of Rosemead Zoning Code contains regulations and standards for legal nonconforming land uses and structures in Article 4, Chapter 17.72; and B. These regulations and standards were last amended on October 22, 2013 by Ordinance No. 931 as part of the Comprehensive Zoning Code Update; and C. The City Council wishes to continue to encourage the ongoing improvement of the City by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners, and D. Revised legal nonconforming regulations and standards are proposed in Municipal Code Amendment 15-02 to establish limitations on legal nonconforming uses that were previously approved by a discretionary entitlement and to allow the addition of separate conforming structures on R-1 and R-2 lots that are developed with legal nonconforming residential structures subject to the approval of a Minor Exception application by the Planning Commission; and E. Municipal Code Amendment 15-02 also proposes delete outdated terms, modify existing regulations, and introduce regulations applicable to legal nonconforming uses and structures for the purpose of improving clarity; and F. The proposed municipal code amendment ensures and maintains internal consistency with all of the objectives, policies, general land uses, programs, and actions of all elements of the General Plan. The update does not conflict with current General Plan policies, objectives or programs; and 1 ATTACHMENT "A" G. The proposed municipal code amendment would not be detrimental to the public convenience, health, safety, or general welfare of the City; and H. The proposed municipal code amendment will not have significant adverse effects on the environment. SECTION 2. The City Council hereby makes a finding of adequacy with the Negative Declaration and HEREBY ADOPTS the Negative Declaration, as the environmental clearance for Municipal Code Amendment 15-02. The City Council, having final approval authority over this project, has reviewed and considered all comments received during the public review period prior to the approval of this project. SECTION 3. The City Council HEREBY FINDS AND DETERMINES that Municipal Code Amendment 15-02 is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed text amendment, in that the amendment to the Rosemead Zoning 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 15-02 is consistent with the Rosemead General Plan as follows: A. The proposed amendment is consistent with the General Plan and any applicable specific plan; Municipal Code Amendment 15-02 is consistent with the Rosemead General Plan Land Use Goals and Policies. It proposes to amend the Rosemead Municipal Code to delete outdated terms, modify existing regulations, and introduce regulations applicable to legal nonconforming uses and structures. The code amendment establishes new limitations on legal nonconforming uses and structures that were previously approved by a discretionary entitlement. It also requires a Minor Exception application process for the addition of new conforming structures on R-1 and R-2 lots that are developed with legal nonconforming residential structures. Although the amendment proposes to preserve residential development rights for properties that were legally developed with residential dwellings and accessory structures, and allow subject residential R-1 and R-2 lots to be expanded with new conforming structures, several standards are included to prevent significant impacts to the public and the environment. These standards require that an application for development must be accompanied with a signed and notarized written consent from all property owners of parcels abutting the subject property, and may be granted only after a public hearing before the Planning Commission. In conformance with Land Use Goal 1 (Maintain stable and attractive single-family residential neighborhoods), all proposals would be required to include any necessary work to maintain or improve the aesthetic appearance or architectural viability of any 2 ATTACHMENT "A" existing nonconforming structures onsite. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and The public necessity, convenience, and general welfare will be served by the adoption of the revised legal nonconforming regulations. The revised regulations will continue to encourage the City's ongoing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners. Several standards are proposed to ensure that the proposed amendment does not adversely impact the City and its residents. Municipal Code Amendment 15-02 adds language to clarify that any use that was approved by a discretionary permit and has become legal nonconforming may only continue to exist within the terms and conditions of approval of the subject permit. Furthermore, any proposal for a residential expansion, involving existing legal nonconforming structures to be maintained on the property, would need to include all necessary work to eliminate any hazard or safety problem on an existing structure in order to correct an unsafe condition. C. The proposed amendment is internally consistent with other applicable provisions of the Zoning Code. Municipal Code Amendment 15-02 proposes to delete outdated terms, modify existing regulations, and introduce regulations applicable to legal nonconforming uses and structures for the purpose of improving clarity. The proposed municipal code amendment ensures and maintains internal consistency with all other applicable provisions of the Zoning Code. New residential development proposed on R-1 and R-2 lots that contain legal nonconforming structures must comply with current floor area ratio and density requirements indicated in both the Zoning Code and General Plan. SECTION 5. Code Amendment. The definition of "Bachelor Apartment" in Title 17, Article 1, Chapter 17.04, Section 17.04.050 (Definitions) of the Rosemead Municipal Code is HEREBY REMOVED in its entirety. 3 ATTACHMENT "A" SECTION 6. Code Amendment. Title 17, Article 4, Chapter 17.72 is HEREBY AMENDED to read as follows: Chapter 17.72 NONCONFORMING USES, STRUCTURES, LOTS AND PARKING FACILITIES Sections: 17.72.010 Purpose. 17.72.020 Establishment of legal nonconforming status. 17.72.030 Legal nonconforming uses. 17.72.040 Legal nonconforming structures. 17.72.050 Legal nonconforming lots. 17.72.060 Reconstruction of damaged legal nonconforming buildings. 17.72.070 Residential exceptions. 17.72.080 Loss of legal nonconforming status. 17.72.090 Amortization. 17.72.010 Purpose. This Chapter establishes regulations for legal nonconforming land uses, structures, and lots. These are land uses, structures, and lots within the City that were lawfully established, constructed, or subdivided before the adoption or amendment of this code, but which would be prohibited, regulated, or restricted differently under the current terms of this code. This Chapter is intended to encourage the City's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners or business owners. Excepted from these regulations are nonconforming signs, billboards and advertising devices, which are subject to the provisions of Chapter 17.116 (Signs) of this Title. 17.72.020 Establishment of legal nonconforming status. A. These provisions shall regulate the continuation, termination, and modification of land uses, structures, and lots that were lawfully established, but which no longer conform to the provisions of the Zoning Code due to a change in zoning boundaries, change in the regulations for the zone in which it is located, or upon annexation. A change in ownership or tenancy without any change in use, occupancy, or development shall not affect any of the legal nonconforming rights, privileges, and responsibilities provided under this Chapter. B. Land uses, structures, and lots not having previously acquired proper permits are illegal and subject to immediate abatement. 4 ATTACHMENT "A" C. It shall be the property owner's responsibility to provide evidence or information to justify the establishment of nonconforming rights subject to the satisfaction of the Building Official. 17.72.030 Legal nonconforming uses. A. Except as hereinafter expressly provided, as long as a nonconforming use exists upon any lot, no new use may be established or no new building may be constructed thereon. B. Continuation of use. Any nonconforming use may be maintained and continued provided that there is no increase or enlargement of the area, space, or volume occupied by or devoted to the nonconforming use. Alterations that do not increase or enlarge a nonconforming use or increase environmental impacts (such as traffic, noise, drainage, light and glare, etc.) may be approved. C. Abandonment or discontinuance of use. A nonconforming use which 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. D. Change of use. A nonconforming use that is changed to, or replaced by a conforming use shall not be reestablished. E. Nonconforming due to parking. A use that is nonconforming due to the lack of compliance with off-street parking standards may undergo changes in use subject to the provisions listed below. 1. Land use changes in nonresidential zones. a. Notwithstanding the provisions set forth in Section 17.72.030.E.1.b, the use of a structure, which is only nonconforming due to lack of compliance with off- street parking requirements required this Zoning Code, may be changed to another use as 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, provided that any unsafe conditions determined to exist by the Community Development Director, or Building and Safety Official, or City Engineer shall be made to conform to current City standards. b. The use of a nonresidential structure, which is nonconforming due to lack of compliance with off-street parking requirements with respect to the number of stalls required by this Zoning Code, may be changed to another use which requires more parking than the current use within the structure if the applicant can demonstrate that compliance with alternative parking provisions, as set 5 ATTACHMENT "A" forth in Chapter 17.112 (Off-Street Parking and Loading) will meet the purposes of this code. 2. Land use changes in residential zones. a. Residential garages. A residential garage that is nonconforming due to the lack of compliance with off-street parking standards relating only to driveway width, turning radius, minimum stall size, setback, or landscaping may be used to serve a new residential use that does not require more parking than the original use, provided that any unsafe conditions determined to exist by the Community Development Director, or Building and Safety Official, or City Engineer shall be made to conform to current City standards. b. Residential single-family dwellings. An addition that does not exceed one hundred twenty (120) square feet shall be permitted to any single-family detached dwelling which is nonconforming due to parking, provided the following facts are found by the Community Development Director: 1) The proposed addition does not exceed one hundred twenty (120) square feet and no other building permits for additions have been issued for the subject dwelling, 2) There has been no conversion of required automobile parking spaces to any other use on the subject property, and 3) The proposed addition does not, by virtue of its placement on the subject property, preclude future construction of an enclosed garage per the City's Zoning Code. F. Effect of discretionary permit requirements (such as Conditional Use Permit, Design Review Approval, Zone Variance, Administrative Use Permit, or Minor Exception Permit, etc.). 1. Existing discretionary permit approvals in effect. A use that was authorized by an approved discretionary permit but is not allowed by this Zoning Code may only continue in compliance with the original discretionary permit conditions of approval. The discretionary permit must be validly issued and remain unrevoked and unexpired. 2. Absence of a discretionary permit approval. A use lawfully existing without the approval of a discretionary permit that would be required by this Zoning Code shall be deemed conforming only to the extent of its previous lawful use (e.g. maintaining the same site area boundaries, hours of operation, etc.). Any change in use would require the approval of the appropriate discretionary permit in accordance with the provisions of the current Zoning Code. 17.72.040 Legal nonconforming structures. A. As long as a nonconforming building or structure exists upon any lot, no new building or structure may be established or constructed thereon. 6 ATTACHMENT "A" B. Alterations or additions. The interior alteration and structure enlargement or expansion of a nonconforming structure that is occupied by a conforming use shall be subject to the following: 1. Enlargement. A structure that is legal nonconforming due to setbacks, height, or other similar development standard, but not including floor area, may be enlarged or extended provided that the enlargement shall not increase the degree of nonconformity nor shall it extend into any conforming setback area. Such enlargement shall be processed pursuant to the standards set forth in Chapter 17.142 (Minor Exceptions). In the event that the original building or structure was subject to a discretionary permit, the appropriate approval authority in Section 17.120.100 (Changes to an approved project) shall review the proposed enlargement subject to the standards set forth in Chapter 17.142. 2. Interior alterations. Changes to interior partitions or other non-structural improvements may be made within structure that is legal nonconforming. C. Repairs and maintenance. Ordinary repairs and maintenance work may be made to legal nonconforming structures, subject to the following provisions: 1. Ordinary repairs and the repair or replacement of nonbearing walls, fences, fixtures, wiring, and plumbing may be made to an extent not exceeding the latest assessed valuation of the structure. 2. Maintenance work shall not include structural alterations, except those required by the Building Official or by any officer of the City charged with protecting the public safety, in order to correct an unsafe condition. 17.72.050 Legal Nonconforming lots. Nonconforming lots may be developed in conformance with the provisions outlined in Article 2, Chapter 17.08, Section 17.08.050. 17.72.060 Reconstruction of damaged nonconforming buildings. Nonconforming structures damaged or destroyed due to an involuntary catastrophic event (e.g. fire, earthquake, or other calamity) may be reconstructed or replaced provided: A. The new structure shall comply with the development standards (such as setbacks and height standards) in effect when the damaged or destroyed structure was originally constructed; provided however, the new structure shall contain no more dwelling units and/or floor area than the damaged structure. 7 ATTACHMENT "A" B. All new construction shall comply with the current Building and Fire Code requirements. However, the Building Official may require compliance for areas other than the new construction when deemed necessary. C. A building permit for reconstruction must be obtained no later than one (1) year after the date of destruction, and construction must be pursued diligently to completion. D. If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this Title in effect on the date of application for the required building permit. 17.72.070 Residential exceptions. The purpose of this Section is to preserve residential development rights for properties that were legally developed with residential dwellings and accessory structures, but through the course of zoning code amendments and zone changes have been made legal nonconforming. A. Existing single-family or duplex dwellings with nonconforming side yards solely due to the application of Ordinance No. 851. An existing single-family dwelling unit or duplex in the R-1 or R-2 zone that became legal nonconforming solely due to the application of Ordinance No. 851 to the unit or duplex's side yard setback requirements as set forth in Article 2, Table 17.12.030.1 (Residential District Development Standards) and which, absent the changes made by Ordinance No. 851, would conform to this Code may be enlarged or extended provided that: 1. The enlargement or addition conforms to all other requirements and standards of the current Zoning Code; 2. The enlargement or addition shall not increase the degree of non-conformity, including adding additional floor area in the portion of the unit or duplex located in the side yard setback as modified by Ordinance No. 851, and 3. The enlargement shall not exceed fifty (50) percent of the existing floor area of the dwelling unit or duplex. 4. Any other request for an enlargement that does not comply with the standards set forth in Section 17.72.040.A.3.a-c shall be subject pursuant to the standards set forth in Chapter 17.142 (Minor Exceptions). B. Addition of new structures on R-1 and R-2 lots where nonconforming residential structures exist. R-1 and R-2 lots may be expanded with additional separate residential units or related separate accessory structures, provided that the additional structures comply with the development standards and requirements of this Zoning Code. Such expansion shall be processed pursuant to the standards set forth in Chapter 17.142 (Minor Exceptions), with the following exceptions: 8 ATTACHMENT "A" 1. Supplemental Application Information. A completed application form for a Minor Exception pursuant to this Section shall be accompanied by the following: a. A reference to the provisions of this Chapter from which such property is sought to be excepted; and b. Written consent to the Minor Exception from all property owners abutting the property. Such written consent shall be on a form provided by the City and shall include the notarized property owner's signature. 2. Approval Procedure. A Minor Exception request in accordance with this Section may be granted only after a public hearing before the Planning Commission held pursuant to Chapter 17.156. All of the following findings shall be made by the Planning Commission in conjunction with the approval of the Minor Exception request: a. The applicant has obtained notarized written consent from all property owners of land abutting the subject property. b. The proposal includes all necessary work to eliminate any hazard or safety problem on an existing structure, as required by the Building Official or by an officer of the City charged with protecting the public safety, in order to correct an unsafe condition; c. The proposal includes the necessary work to maintain or improve the aesthetic appearance or architectural viability of the existing nonconforming structures onsite; d. The legal nonconforming residential unit(s) that exist onsite are solely nonconforming due to minimum residential unit floor area, setbacks, building separation, building height, entry treatment height, and second story architectural standards; e. The legal nonconforming residential accessory structure(s) proposed to remain onsite are solely nonconforming due to driveway width, turning radius, minimum stall size, setbacks, or landscaping; f. No previous discretionary permit has been approved for the subject site; and g. The subject lot does not require the approval of a Design Review entitlement. C. Legal nonconforming chain-link fences in R-1, R-2, and R-3 zones. All existing legal nonconforming chain-link fences in the R-1, R-2, and R-3 zones shall be permitted to continue as such until removed, extended or altered beyond the exception provisions stated below, at which time such fence shall be made to conform to the requirements of Chapter 17.68 (Fences, Walls, and Landscape Screening). 9 ATTACHMENT "A" 1. No impact on additions and remodels to single-family dwellings or duplexes. All existing legal nonconforming chain-link fences in the R-1, R-2, and R-3 zones shall be permitted to continue, provided that the existing chain-link fencing is not considered a public nuisance as defined in Chapter 8.44 (Property Maintenance), at the time a residential addition or remodel is proposed. 2. Repairs and maintenance. Routine maintenance, such as rust removal, or replacement of less than fifty (50) percent of the length of the fence along any property line with in-kind material shall be permitted. Replacement of fifty (50) percent or more of the length of a fence along any property line shall constitute a new fence, and in such case all legal nonconforming chain-link fencing shall then be removed from the subject property. 3. Reconstruction of damaged nonconforming chain-link fences. Nonconforming chain-link fencing damaged or destroyed due to an involuntary catastrophic event (e.g. fire, earthquake, or other calamity) may be reconstructed or replaced provided: a. A fence permit for reconstruction must be obtained no later than forty-five (45) days after the date of destruction, and construction must be pursued diligently to completion. b. The new chain-link fence shall comply with all other development standards outlined in Chapter 17.68 (Fences, Walls, and Landscape Screening). c. If the preceding requirements are not met, the replacement fencing shall comply with all current requirements of this Title in effect on the date of the application for the required fence permit. D. Legal nonconforming residential structures in nonresidential zones. Properties previously zoned residential with legally established residential uses that have been re-zoned non-residential may continue to be used and developed in compliance with the R-1 development standards including but not limited to, additions and expansions, but not including the construction of additional units. 1. Vacant Properties. Vacant properties shall be developed in compliance with the non-residential development standards. 2. Non-Residential Development. If the property is developed into a non-residential use in conformance with the non-residential zone the property will lose its non- conforming exception status and must from that point forward conform to the existing zone. 10 ATTACHMENT "A" 17.72.080 Loss of legal nonconforming status. A. The right to continue a nonconforming use shall terminate when it is determined to be a public nuisance by order of the Hearing Officer pursuant to procedures provided in Chapter 8.44 of this code or the order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the Hearing Officer or the order of the court. In addition to the specific grounds for finding a nuisance as set forth in Chapter 8.44 of this code, a nonconforming use is a public nuisance if: 1. The use is, or likely to become, injurious or detrimental to health, safety or welfare, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street or highway; or 2. The use is a business establishment that permits persons to congregate for unreasonably long time periods in parking areas and/or pedestrian walkways resulting in unreasonable noise levels in residential areas between the hours of nine p.m. to seven a.m., or resulting in the persons obstructing or interfering with the free passageway in the parking areas or on said pedestrian walkways, or which becomes a place where an unreasonable number of violations of Title 9 (Public Peace, Morals and Welfare) of this code (such as underage drinking or gambling); or B. The right to continue the use of a nonconforming structure shall terminate when the structure and/or the parcel on which it is located is determined to be a public nuisance by order of the Hearing Officer made pursuant to Chapter 8.44 of this code, or by judgment or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the Hearing Officer or order of the court. If the abatement of the nuisance required demolition of the structure, the order, judgment or order of the court shall find that there is no other way reasonably to correct the nuisances other than by demolition of the structure. C. Where it cannot be found that demolition of a structure is appropriate, the Hearing Officer shall permit the structure to remain in existence, but may impose one or more conditions to bring the structure into conformity with the requirements of this Title so far as is reasonable in addition to any other conditions necessary to abate the public nuisance. D. Notwithstanding the provisions set forth in Section 17.72.080.A—C, any legal nonconforming use or structure that was approved with a discretionary permit that is in violation of any condition of approval, law, statute, or City ordinance shall be modified or revoked in accordance with the applicable revocation procedures set forth in the Rosemead Municipal Code. 11 ATTACHMENT "A" 17.72.090 Amortization. The Zoning Code gives the City Council the authority to establish Amortization Regulations for nonconforming uses, structures, and buildings. SECTION 7. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed and adopted Ordinance No. 951 and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 8. Publication. The City Clerk shall cause this Ordinance to be published in the manner required by law. SECTION 9. Effective Date. The Mayor shall sign and the City Clerk attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This ordinance shall go into effect and be in full force and effect thirty (30) days from its date of adoption. PASSED, APPROVED, AND ADOPTED this day of , 2015. Margaret Clark, Mayor City of Rosemead ATTEST: Carol Cowley, City Clerk APPROVED AS TO FORM: Rachel H. Richman, City Attorney Burke Williams and Sorensen, LLP 12 ATTACHMENT "A" E M 6 (11 4 `~ ROSEMEAD CITY COUNCIL IMP nW, CIVIC PRIDE STAFF REPORT /NCORPORATED'g6 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER 4e, DATE: JUNE 23, 2015 SUBJECT: MUNICIPAL CODE AMENDMENT 15-02 AMENDING CHAPTERS 17.04 AND 17.72 OF TITLE 17 OF THE CITY OF ROSEMEAD MUNICIPAL CODE RELATING TO REGULATIONS FOR NONCONFORMING USES, STRUCTURES, LOTS, AND PARKING FACILITIES SUMMARY MCA 15-02 is a City initiated amendment to revise Title 17 (Zoning) of the Rosemead Municipal Code to modify several regulations for nonconforming uses, structures, lots, and parking facilities. It was originally drafted and presented to the Planning Commission for the purpose of allowing the addition of new conforming residential structures on R-1 (Single-family Residential) and R-2 (Light Multiple Residential) lots that include existing legal nonconforming structures. However, after final discussion at the May 18, 2015 meeting, the Commission recommended that the City Council ADOPT Ordinance 951, approving MCA 15-02 without the proposed standards allowing the addition of new residential structures on properties with existing legal nonconforming structures. On June 9, 2015, the City Council conducted a duly noticed public hearing for MCA 15-02. Upon hearing written and oral testimony, the City Council continued the public hearing to the June 23, 2015 meeting, and directed staff to bring back a revised ordinance to allow the addition of new conforming residential structures on R-1 and R-2 lots that include legal nonconforming structures subject to existing residential density limitations and the approval of a Minor Exception application by the Planning Commission. The Council also added a standard that would require notarized written consent from all property owners of the lots abutting the subject project site. Staff Recommendation It is recommended that the City Council take the following actions: 1) APPROVE the Negative Declaration of Environmental Impacts (Attachment "A") finding that the project will not have a significant adverse effect on the environment; and ITEM NUMBER: A ATTACHMENT "B" City Council Report June 23,2015 Page 2 of 6 2) Introduce for First Reading, by title only, Ordinance No. 951 (Attachment "B") approving MCA 15-02 and amending Chapters 17.04 and 17.72 of Title 17 of the City of Rosemead Municipal Code relating to regulations for Nonconforming Uses, Structures, Lots, and Parking Facilities. 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 included in this report as Attachment "A"). The Initial Study is an environmental analysis of the proposed Municipal Code Amendment to determine if the proposed revisions to the Zoning Code will have potentially significant effects on the environment. This study found that there are no potentially significant environmental impacts that could occur with the adoption of the proposed amendments. A Notice of Intent to Adopt a Negative Declaration was distributed for a 20-day public review and comment period between March 16, 2015 and April 4, 2015. If the Council is inclined to approve this project, the Council must make findings of adequacy with the environmental assessment and approve the Negative Declaration. BACKGROUND The Comprehensive Zoning Code Update, adopted by City Council on October 22, 2013 included revised standards intended to be business friendly and not detrimental to the economic vitality of the community, while providing a process to eliminate nonconforming uses and buildings, especially as they become detrimental to a neighborhood. The current code includes provisions to allow beautifying improvements to legal nonconforming structures, including interior alterations, repairs and maintenance, and some enlargements subject to the Minor Exception application process. However, the current code also sets a limitation that as long as a nonconforming use, building, or structure exists upon any lot, no new use, building, or structure may be established. Although this limitation is standard in most cities' nonconforming use and structure ordinances, it has led a number of Rosemead residents to inquire about requests for Zone Variances to allow them to retain existing nonconformities and expand the property with additional single-family residential units on parcels large enough for more than one unit. These requests have not been submitted with completed applications as it is nearly impossible to make the required findings since there are no special circumstances to warrant such Zone Variance approval. In response to such residential project requests, staff prepared MCA 15-02, which was first presented to the Planning Commission on April 6, 2015. The amendment included revised language to improve the clarity of the existing nonconforming standards, and it also proposed to allow the expansion of R-1 and R-2 lots with new conforming structures subject to both the existing density limitations and the Minor Exception application process. During the April 6, 2015 Planning Commission hearing, the Commission received public comment and discussed the purpose and intent of the City's existing legal nonconforming ATTACHMENT "B" City Council Report June 23,2015 Page 3 of 6 ordinance. The Commission also expressed their concern for ensuring that the community's adopted vision and goals are fully accomplished. The Planning Commission unanimously voted to continue this item and asked staff to eliminate proposed text that would allow the addition of conforming structures on R-1 and R-2 lots that are developed with legal nonconforming residential structures. At the May 18, 2015 Planning Commission meeting, the Commission unanimously adopted Resolution No. 15-04 recommending that the City Council approve the Negative Declaration of Environmental Impacts for the revised MCA 15-02. On June 9, 2015, the City Council conducted a duly noticed public hearing for MCA 15-02. Upon hearing written and oral testimony, the City Council continued the public hearing to the June 23, 2015 meeting, and directed staff to bring back a revised ordinance to allow the addition of new conforming residential structures on R-1 and R-2 lots that include legal nonconforming structures. The Council also added new standards intended to mitigate impacts to the neighborhood and adjacent properties. The June 9, 2015 City Council report, which contains the Planning Commission reports from April 6, 2015 and May 18, 2015, have been included in this report as Attachment "C." ANALYSIS Ordinance 951 maintains the new rules for the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, for the purpose of protecting the health, safety, and welfare of all residents, as well as continuing the ongoing improvement of the City. Furthermore, in accordance with the City Council's direction on June 9, 2015, it includes standards to allow the addition of new conforming residential structures on R-1 and R-2 lots that include legal nonconforming structures. The following is an outline of the key elements of the proposed Ordinance 951. The underlined/strikeout version of proposed MCA 15-02 is included in Attachment "D" of this report. The final edited version is included in Attachment "B" (Ordinance 951). • Section 17.72.020 (Establishment of Nonconforming Status) is proposed to reinforce the property owner's responsibility to provide evidence to the City to justify the establishment of nonconforming rights. For example, this would include completing a Los Angeles County building record search and submitting original permit documents for structures that were built prior to the City's incorporation. • Existing standards were regrouped into Section 17.72.030 (Nonconforming Uses), Section 17.72.040 (Nonconforming structures), and Section 17.72.070 (Residential Exceptions) to improve overall organization for ease of finding applicable code regulations. • Section 17.72.070 (Residential Exceptions) would allow residential R-1 and R-2 lots to be expanded with new conforming structures, provided that density requirements of the zone are satisfied. Such expansion would be subject to the City's existing Minor Exception application process with the exception that such request would require notarized written consent from all property owners of the lots abutting the subject ATTACHMENT "B" City Council Report June 23,2015 Page 4 of 6 project site. Furthermore, the approval process would require a public hearing before the Planning Commission. Necessary work to eliminate any hazard or safety problem on an existing structure and/or improve the aesthetic appearance or architectural viability of any existing nonconforming structures onsite would also be required for project approval. • MCA 15-02 adds text to clarify that any use that was authorized by an approved discretionary permit, but is not allowed by the current Zoning Code, is nonconforming and may only continue in compliance with the original discretionary permit conditions of approval. Section 17.72.040 (Legal Nonconforming Structures) was expanded to provide any building that was approved with a discretionary permit the possibility of expanding subject to the Minor Exception application process. • Lastly, MCA 15-02 also proposes to eliminate the term and definition of "bachelor apartment" from Chapter 17.04, as it is outdated and the definition is no longer accepted by the California Department of Housing and Community Development. Municipal Code Requirements Article 6, Chapter 17.152 of the Rosemead Municipal Code sets forth the procedures and requirements for Municipal Code Amendments. Section 17.152.060.B sets forth the following findings that must be met: A. The proposed amendment is consistent with the General Plan and any applicable specific plan; MCA 15-02 is consistent with the Rosemead General Plan Land Use Goals and Policies. It proposes to amend the Rosemead Municipal Code to delete outdated terms, modify existing regulations, and introduce regulations applicable to legal nonconforming uses and structures. The code amendment establishes new limitations on legal nonconforming uses and structures that were previously approved by a discretionary entitlement. It also requires a Minor Exception application process for the addition of new conforming structures on R-1 and R-2 lots that are developed with legal nonconforming residential structures. Although the amendment proposes to preserve residential development rights for properties that were legally developed with residential dwellings and accessory structures, and allow subject residential R-1 and R- 2 lots to be expanded with new conforming structures, several standards are included to prevent significant impacts to the public and the environment. These standards require that an application for development must be accompanied with a signed and notarized written consent from all property owners of parcels abutting the subject property, and may be granted only after a public hearing before the Planning Commission. In conformance with Land Use Goal 1 (Maintain stable and attractive single-family residential neighborhoods), all proposals would be required to include any necessary work to maintain or improve the aesthetic appearance or architectural viability of any existing nonconforming structures onsite. ATTACHMENT "B" City Council Report June 23,2015 Page 5 of 6 B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and The public necessity, convenience, and general welfare will be served by the adoption of the revised legal nonconforming regulations. The revised regulations will continue to encourage the City's ongoing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners. Several standards are proposed to ensure that the proposed amendment does not adversely impact the City and its residents. MCA 15-02 adds language to clarify that any use that was approved by a discretionary permit and has become legal nonconforming may only continue to exist within the terms and conditions of approval of the subject permit. Furthermore, any proposal for a residential expansion, involving existing legal nonconforming structures to be maintained on the property, would need to include all necessary work to eliminate • any hazard or safety problem on an existing structure in order to correct an unsafe condition. C. The proposed amendment is internally consistent with other applicable provisions of the Zoning Code. MCA 15-02 proposes to delete outdated terms, modify existing regulations, and introduce regulations applicable to legal nonconforming uses and structures for the purpose of improving clarity. The proposed municipal code amendment ensures and maintains internal consistency with all other applicable provisions of the Zoning Code. New residential development proposed on R-1 and R-2 lots that contain legal nonconforming structures must comply with current floor area ratio and density requirements indicated in both the Zoning Code and General Plan. PUBLIC NOTICE PROCESS Pursuant to California Government Code Section 65091, this public hearing notice has been published in at least one (1) 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 is also posted in five (5) public locations, specifying the availability of the application, plus the date, time and location of the public hearing. LEGAL REVIEW The attached Ordinance No. 951 has been reviewed and approved by the City Attorney. ATTACHMENT `B" City Council Report June 23,2015 Page 6 of 6 Prepared by: Submitted by: Sheri Bermejo Michelle Ramirez City Planner Community Development Director ATTACHMENTS: Attachment A: Initial Study and Negative Declaration Attachment B: Ordinance 951 Attachment C: City Council Staff Report, dated June 9, 2015 Attachment D: MCA 15-02 (Final Underlined/Strikethrough version) ATTACHMENT "B"