PC - 2015-04 - Amend 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 FacilitiesPC RESOLUTION 15 -04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING THAT THE CITY COUNCIL AMEND 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
WHEREAS, April 6, 2015 a City initiated municipal code amendment (Municipal
Code Amendment 15 -02) was brought to the Planning Commission to revise Title 17
(Zoning) of the Rosemead Municipal Code to modify existing regulations for
nonconforming uses, structures, lots, and parking facilities, and
WHEREAS, Municipal Code Amendment 15 -02 proposed several revisions for
the purpose of addressing constraints on current residential property owners that limit
the full use of their property. It also proposed new rules for the extent to which
nonconforming structures and uses may continue to be used, expanded, or replaced, to
protect the health, safety, and welfare of all residents, and to continue ongoing
improvement of the City. Lastly, the amendment proposed to modify several regulations
for nonconforming uses, structures, lots, and parking facilities, and eliminate zoning
terms and definitions that are no longer in compliance with State law; and
WHEREAS, on March 16, 2015, an Initial Environmental Study for the proposed
Municipal Code Amendment was completed, finding that the proposed project could not
have a significant effect on the environment and a Negative Declaration was prepared, in
accordance with the guidelines of the California Environmental Quality Act, and local
environmental guidelines, and
WHEREAS, the City of Rosemead has adopted the General Plan, Zoning Code,
and Zoning Map, including specific standards to control development, and
WHEREAS, Section 17.152.040 of the Rosemead Municipal Code authorizes the
Planning Commission to consider and recommend proposed Municipal Code
Amendments to the City Council, and
WHEREAS, a on March 16, 2015, a Public Hearing Notice, specifying the public
comment period and the time and place for a public hearing pursuant to California
Government Code Section 65091(a)(4) was published in the Rosemead Reader and
posted at the five (5) public locations in the City; and
WHEREAS, on April 6, 2015, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Municipal
Code Amendment 15 -02; and
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WHEREAS, during the public hearing the Rosemead Planning Commission
expressed their desire to ensure that the community's adopted vision and goals are fully
accomplished, and confirmed that regulatory provisions are put in place to deal with
nonconforming structures, uses, and lots and to require them to be replaced or made
conforming overtime, and
WHEREAS, the Planning Commission unanimously agreed to continue the
public hearing for Municipal Code Amendment 15 -02 to the May 18, 2015 meeting and
directed staff to modify the amendment to omit proposed standards that would allow the
addition of conforming structures on R -1 and R -2 lots that are developed with legal
nonconforming residential structures subject to the Minor Exception development
process, and
WHEREAS, on May 18, 2015, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to the revised
Municipal Code Amendment 15 -02; 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, as the environmental clearance for Municipal Code
Amendment 15 -02.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify recommending approval of Municipal Code Amendment 15-
21 in accordance with Chapter 17.152, Section 17.152.040 of the Rosemead Municipal
Code as follows:
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan;
FINDING: 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 limitations on legal nonconforming uses and structures that
were previously approved by a discretionary entitlement. In conformance with Land
Use Goal 1 (Maintain stable and attractive single - family residential neighborhoods),
project proposals to add additional dwelling units on residentially zoned lots will
continue to be required to bring any existing nonconformities into conformance with
current Zoning Code standards.
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City; and
FNI
FINDING: 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. 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, the amendment maintains existing standards that
improve and protect residential neighborhoods. Proposals to expand residential lots
with additional dwelling units will be required to eliminate and correct existing
nonconformities before additional residential units can be added to the property.
C. The proposed amendment is internally consistent with other applicable
provisions of the Zoning Code.
FINDING: Municipal Code Amendment 15 -02 proposes 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.
SECTION 3. The Planning Commission of the City of Rosemead does HEREBY
RECOMMEND that the City Council adopt Ordinance 951 and the amendment to
Chapters 17.04 and 17.72 of Title 17 of the Rosemead Municipal Code the attached
hereto as Exhibit "A"
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on May 18, 2015 by the following vote:
YES: ENG, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
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.
PASSED, APPROVED and ADOPTED this 18` day of May, 2015.
Nancy Eng, 6b air
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CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted b the Planning
Commission of the City of Rosemead at its regular meeting, held on 18 n day of May,
2015, by the following vote:
YES: ENG, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSENT: NONE �J
ABSTAIN: NONE ( rnn . r /7/!
Michelle G. Ramirez, '*cretary
APPROVED AS TO FOR
Gregory' Plan in ng C Attorney
Burke, Williarffs & Sorensen, L
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