CC - Item 5A - Omnibus Ordinance Ratifying All Ordinaces Adopted By The City Council from 2012-2015ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR CLARK AND CITY COUNCIL MEMBERS
FROM: RACHEL RICHMAN, CITY ATTORNEY]
DATE: January 12, 2016
SUBJECT: OMNIBUS ORDINANCE RATIFYING ALL ORDINACES ADOPTED BY
THE CITY COUNCIL FROM 2012 -1215
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This item is before the Council for consideration of the ratification and re- adoption by
urgency and regular action an Omnibus Ordinance.
Recommendation:
Staff recommends that the City Council approve by two motions:
1. Urgency Omnibus Ordinance No.2016 -01.
2. Omnibus Ordinance No. 2016 -02.
BACKGROUND /ANALYSIS
In order to address any potential gaps in the legislative process of enacting
ordinances, cities may from time to time determine that it is useful to undertake an
omnibus ordinance as a housekeeping matter to reaffirm and ratify ordinances that have
already been approved by the City Council.
The City Council determines that these ordinances serve to prevent any
interruption in City services, continue the orderly functioning of the City, and is
necessary for the protection and preservation of the public peace, health, safety, and
general welfare.
In the attached Exhibit A to each Omnibus Ordinance are the full text and
findings of each ordinance previously approved by the City Council from 2012 -2015.
One ordinance will be adopted as an urgency ordinance and will take effect immediately
upon its adoption tonight. The second is a regular ordinance to be introduced this
evening and presented for adoption at the next meeting.
ITEM NO. 5.A
City Council Meeting
January 12, 2016
Paoe 2 of 2
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Rachel H. Richman
City Attorney
ORDINANCE NO. 2016 -01
AN URGENCY OMNIBUS ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, RATIFYING ORDINANCES
ADOPTED BETWEEN 2012 AND 2015
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
SECTION 1 . Findings.
A. In order to address any potential gaps in the legislative process of enacting
ordinances, cities may from time to time determine that it is useful to undertake an
omnibus ordinance as a housekeeping matter to reaffirm and ratify ordinances that have
been approved by the City Council.
B. The City Council determines that this ordinance serves to prevent any
interruption in City services, continue the orderly functioning of the City, and is necessary
for the protection and preservation of the public peace, health, safety, and general
welfare. Accordingly, this ordinance is adopted as an urgency ordinance and will take
effect immediately upon its adoption.
C. In accordance with Government Code section 36937(b), this ordinance has
been adopted by a four -fifths or greater vote of the City Council.
SECTION 2. Environmental Findings. The City Council exercises its
independent judgment and finds that this ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment),
Section 15060(c)(3) (the activity is not a project as defined in Section 15378), and Section
15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because the activity is covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment. The proposed
ordinance simply ratifies existing ordinances and will not result in any physical changes
in the environment. Because there is no possibility that this ordinance may have a
significant adverse effect on the environment, the adoption of this ordinance is exempt
from CEQA.
SECTION 3. Reading Ordinances. Government Code Section 36934 requires
that all ordinances be read in full prior to the Council taking action on the ordinance or the
City Council can waive further reading and read the ordinance by title only. The City
Council by listing the ordinance titles on the Council meeting agenda and below,
determines that it is waiving further reading of all ordinances and that the title has been
read, as follows:
Page 2 of 7
ORDINANCE TITLE
NO.
921 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AUTHORIZING AN AMENDMENT TO
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA AND THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
922 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING SECTION 9.12.100 OF
CHAPTER 9.12 OF THE ROSEMEAD MUNICIPAL CODE PERTAINING
TO GRAFFITI
923 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING ZONE CHANGE 12 -01 CHANGING THE ZONING
CLASSIFICATION OF 2743 STRATHMORE AVENUE FROM P
(PARKING) TO C -3 (MEDIUM COMMERCIAL), LOCATED 2743
STRATHMORE AVENUE (APN: 5284 -038- 002)
924 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING CHAPTERS 2.04, 2.24, 2.28
AND 2.32 OF THE ROSEMEAD MUNICIPAL CODE REGULATING THE
START TIMES FOR THE CITY COUNCIL MEETING. IN ADDITION TO
OTHER MINOR ADMINISTRATIVE CORRECTIONS
925 AN ORDINANCE OF THE CITY OF ROSEMEAD, COUNTYOF LOSANGELES,
STATE OF CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT 12-
01, ADDING NEW CHAPTER 5.41 TO THE ROSEMEAD MUNICIPAL CODE
PERTAINING TO THE LICENSING AND REGULATION OF HOME
OCCUPATIONS; AND AMENDING CHAPTERS 17.16,17.20, 17.24, AND 17.74
OF THE ROSEMEAD MUNICIPAL CODE PERTAINING TO THE ZONING
REQUIREMENTS FOR HOME OCCUPATIONS
926 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING GENERAL PLAN AMENDMENT 11 -02, CHANGING THE
CURRENT DUAL LAND USE DESIGNATIONS FROM COMMERCIAL
AND MEDIUM DENSITY RESIDENTIAL TO MEDIUM DENSITY
RESIDENTIAL DESIGNATION AND APPROVING ZONE CHANGE 11-
02 CHANGING THE DUAL ZONING CLASSIFICATIONS FROM P
(PARKING) AND R -2 (LIGHT MULTIPLE RESIDENTIAL) ZONES TO R-
2 (LIGHT MULTIPLE RESIDENTIAL) ZONE, LOCATED 2751 DEL MAR
AVENUE (APN: 5285 -035- 047)
929 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, SETTING SPEED LIMITS IN
ACCORDANCE WITH THE CALIFORNIA VEHICLE CODE
Page 3 of 7
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
932 AN ORDINANCE OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, APPROVING ZONE CHANGE 1301 AMENDING A
PORTION OF THE CITY OF ROSEMEAD ZONING MAP TO IMPLEMENT THE
CITY'S GENERAL PLAN AS PART OF THE COMPREHENSIVE ZONING
CODE UPDATE
933 AN ORDINANCE OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, APPROVING AN AMENDMENT TO THE CTY'S
EXISTING SINGLE - FAMILY DESIGN GUIDELINES AS PART OF THE
COMPREHENSIVE ZONING CODE UPDATE
934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, AMENDING SECTION 9.12.080 OF CHAPTER 9.12 OF TITLE 9
OF THE ROSEMEAD MUNICIPAL CODE
935 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING TITLE 17 "ZONING" OF THE
CITY'S MUNICIPAL CODE BY ADDING CHAPTER 17.40 FOR THE
PURPOSE OF REINFORCING AND CONFIRMING THE CITY'S
CURRENT BAN ON MEDICAL MARIJUANA DISPENSARIES IN ALL
ZONING DISTRICTS
937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 9.12.080 OF, AND
ADDING PART 9.32 OF THE ROSEMEAD MUNICIPAL CODE
RELATING TO SHOPPING CART RETRIEVAL AND CONTAINMENT
BY OWNERS
938 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE
SECTION 50022.2, THE CALIFORNIA BUILDING STANDARDS CODE
(TITLE 26 LOS ANGELES COUNTY BUILDING CODE), THE CALIFORNIA
ELECTRICAL CODE (TITLE 27 LOS ANGELES COUNTY ELECTRICAL
CODE), THE CALIFORNIA PLUMBING CODE (TITLE 28 LOS ANGELES
COUNTY PLUMBING CODE), THE CALIFORNIA MECHANICAL CODE
(TITLE 29 LOS ANGELES COUNTY MECHANICAL CODE), THE
CALIFORNIA RESIDENTIAL CODE (TITLE 30 LOS ANGELES COUNTY
RESIDENTIAL CODE), THE CALIFORNIA GREEN BUILDING CODE
(TITLE 31 LOS ANGELES COUNTY GREEN BUILDING STANDARDS
CODE), AND ADOPTING LOCAL AMENDMENTS THERETO AND
DECLARING THE URGENCY THEREOF
Page 4 of 7
939 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE
SECTION 50022.2, THE CALIFORNIA BUILDING STANDARDS CODE
(TITLE 26 LOS ANGELES COUNTY BUILDING CODE), THE CALIFORNIA
ELECTRICAL CODE (TITLE 27 LOS ANGELES COUNTY ELECTRICAL
CODE), THE CALIFORNIA PLUMBING CODE (TITLE 28 LOS ANGELES
COUNTY PLUMBING CODE), THE CALIFORNIA MECHANICAL CODE
(TITLE 29 LOS ANGELES COUNTY MECHANICAL CODE), THE
CALIFORNIA RESIDENTIAL CODE (TITLE 30 LOS ANGELES COUNTY
RESIDENTIAL CODE), THE CALIFORNIA GREEN BUILDING CODE
(TITLE 31 LOS ANGELES COUNTY GREEN BUILDING STANDARDS
CODE), AND ADOPTING LOCAL AMENDMENTS THERETO
940 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ADOPTING BY REFERENCE, PURSUANT TO
GOVERNMENT CODE SECTION 50022.2, THE CALIFORNIA
BUILDING STANDARDS FIRE CODE (TITLE 32
COUNTY FIRE CODE
THERETO
AND ADOPTING LOCAL
LOS ANGELES
AMENDMENTS
941 AN ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD
AMENDING CHAPTER 10 OF THE ROSEMEAD MUNICIPAL CODE
RELATING TO REGULATIONS FOR THE OPERATION AND PARKING
OF PRIVATE BUSES
942 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING ZONE CHANGE 12 -02 CHANGING THE ZONING
CLASSIFICATION OF SIX PARCELS FROM C -3 (MEDIUM
COMMERCIAL) AND THE SINGLE - FAMILY RESIDENCE AT THE
NORTHEAST CORNER OF THE SITE R -2 (LIGHT MULTIPLE
RESIDENTIAL) TO C -3 MUDO -D (MEDIUM COMMERCIAL WITH A
RESIDENTIAL /COMMERCIAL MIXED USE DEVELOPMENT
OVERLAY AND DESIGN OVERLAY). THE SUBJECT SITE IS
LOCATED AT 78017825 GARVEY AVENUE, 3012 DEL MAR AVENUE,
AND 3017 BRIGHTON STREET (APN's: 5287 - 039 -001, 002, 003, 004,
005, 011)
943 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ROSEMEAD
AMENDING SECTION 10.24.060 AND RENUMBERING SECTIONS OF
CHAPTER 10.24 OF THE ROSEMEAD MUNICIPAL CODE
REGARDING REGULATIONS FOR THE OPERATION AND PARKING
OF PRIVATE BUSES
944 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING TITLE 17 "ZONING" OF THE
CITY'S MUNICIPAL CODE BY AMENDING CHAPTER 17.54 FOR THE
PURPOSE OF COMPLIANCE WITH FEDERALLY MANDATED
CHANGES TO PROCEDURES AND STANDARDS GOVERNING THE
COLLOCATION OF WIRELESS TELECOMMUNICATION FACILITIES
Page 5 of 7
945 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ADOPTING A CITYWIDE 45-
MORATORIUM ON THE ISSUANCE OF ANY NEW PERMIT, LICENSE,
APPROVAL, OR ENTITLEMENT PERTAINING TO NEW MASSAGE
ESTABLISHMENTS OR THE RELOCATION OF MASSAGE
ESTABLISHMENTS
946 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, EXTENDING THE PROVISIONS OF
ORDINANCE NO, 945 FOR 10 MONTHS AND FIFTEEN DAYS TO
CONTINUE THE MORATORIUM ON THE ISSUANCE OF ANY NEW
PERMIT, LICENSE, APPROVAL, OR ENTITLEMENT PERTAINING TO
NEW MASSAGE ESTABLISHMENTS OR THE RELOCATION OF
MASSAGE ESTABLISHMENTS FOR 10 MONTHS 15 DAYS
947 AN ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD AMENDING
CHAPTER 1.20 OF THE ROSEMEAD MUNICIPAL CODE RELATING
TO PRELIMINARY REVIEW OF ADMINISTRATIVE CITATIONS
948 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD AUTHORIZING THE CITY ENGINEER TO REGULATE OR
PROHIBIT ANY TURN MOVEMENT BY ANY VEHICLE AT ANY
SPECIFIC INTERSECTION OR ALONG ANY SPECIFIC STREET
SEGMENT WITHIN THE CITY LIMITS
949 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AMENDING THE ROSEMEAD MUNICIPAL CODE BY REPEALING
SECTION 12.44.020 (PARK AND RECREATION IMPACT FEE) OF
TITLE 12, CHAPTER 12.44 AND ADDING ARTICLE 7 (DEVELOPMENT
FEES), CHAPTER 17.170 (DEVELOPMENT IMPACT FEES) TO TITLE
17 TO ESTABLISH DEVELOPMENT IMPACT FEES FOR NEW
RESIDENTIAL AND NONRESIDENTIAL DEVELOPMENT
950 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD
ADDING SECTION 1.16.040 TO CHAPTER 1.16 OF TITLE 1 (GENERAL
PROVISIONS) OF THE ROSEMEAD MUNICIPAL CODE TO
AUTHORIZE THE COLLECTION OF ATTORNEYS' FEES IN ACTIONS
TO ABATE A PUBLIC NUISANCE
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
952 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ADOPTING BY REFERENCE CHAPTER 12.84 ENTITLED
"LOW IMPACT DEVELOPMENT STANDARDS" OF THE LOS ANGELES
Page 6 of 7
COUNTY CODE AND INCORPORATING SAID CHAPTER INTO
CHAPTER 13.16 OF THE ROSEMEAD MUNICIPAL CODE, WITH
AMENDMENTS
953 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING CHAPTERS 13.04.040,
13.04.050, 13.04.060 AND 13.04.080 OF THE ROSEMEAD MUNICIPAL
CODE CONCERNING WATER CONSERVATION
954 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MUNICIPAL CODE AMENDMENT 15 -03, ADDING
CHAPTER 15.10 SOLAR ENERGY SYSTEMS TO TITLE 15 (BUILDING
AND CONSTRUCTION) AND AMENDING SUBSECTION
17.28.020(B)(3)(b)(5) OF TITLE 17 (ZONING) OF THE CITY OF
ROSEMEAD MUNICIPAL CODE RELATED TO STATE REGULATIONS
FOR SOLAR ENERGY SYSTEMS
SECTION 4. Ratification of Ordinances. The City Council ratifies and adopts in
full each ordinance and any findings made when first considered by the City Council as
set forth and fully incorporated herein in attached Exhibit A.
SECTION 5. 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 will not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have
passed this ordinance 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 6. Publication. The City Clerk is directed to certify this ordinance and
cause it to be published in the manner required by law.
SECTION 7. Effective Date. This ordinance will be effective immediately upon THE
PASSED, APPROVED, AND ADOPTED this day of , 2016
by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Margaret Clark, Mayor
City of Rosemead, California
Page 7 of 7
ATTEST:
Carol Cowley, Interim City Clerk
City of Rosemead, California
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
ORDINANCE NO. 2016 -02
AN OMNIBUS ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, RATIFYING ORDINANCES
ADOPTED BETWEEN 2012 AND 2015
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
SECTION 1 . Findings.
A. In order to address any potential gaps in the legislative process of enacting
ordinances, cities may from time to time determine that it is useful to undertake an
omnibus ordinance as a housekeeping matter to reaffirm and ratify ordinances that have
been approved by the City Council
B. The City Council determines that this ordinance serves to prevent any
interruption in City services, continue the orderly functioning of the City, and is necessary
for the protection and preservation of the public peace, health, safety, and general
welfare.
SECTION 2. Environmental Findings. The City Council exercises its
independent judgment and finds that this ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment),
Section 15060(c)(3) (the activity is not a project as defined in Section 15378), and Section
15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because the activity is covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment. The proposed
ordinance simply ratifies existing ordinances and will not result in any physical changes
in the environment. Because there is no possibility that this ordinance may have a
significant adverse effect on the environment, the adoption of this ordinance is exempt
from CEQA.
SECTION 3. Reading Ordinances. Government Code Section 36934 requires
that all ordinances be read in full prior to the Council taking action on the ordinance or the
City Council can waive further reading and read the ordinance by title only. The City
Council by listing the ordinance titles on the Council meeting agenda and below,
determines that it is waiving further reading of all ordinances and that the title has been
read, as follows:
Page 2 of 7
ORDINANCE TITLE
NO.
921 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AUTHORIZING AN AMENDMENT TO
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA AND THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
922 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING SECTION 9.12.100 OF
CHAPTER 9.12 OF THE ROSEMEAD MUNICIPAL CODE PERTAINING
TO GRAFFITI
923 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING ZONE CHANGE 12 -01 CHANGING THE ZONING
CLASSIFICATION OF 2743 STRATHMORE AVENUE FROM P
(PARKING) TO C -3 (MEDIUM COMMERCIAL), LOCATED 2743
STRATHMORE AVENUE (APN: 5284 -038- 002)
924 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING CHAPTERS 2.04, 2.24, 2.28
AND 2.32 OF THE ROSEMEAD MUNICIPAL CODE REGULATING THE
START TIMES FOR THE CITY COUNCIL MEETING. IN ADDITION TO
OTHER MINOR ADMINISTRATIVE CORRECTIONS
925 AN ORDINANCE OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT 12-
01, ADDING NEW CHAPTER 5.41 TO THE ROSEMEAD MUNICIPAL CODE
PERTAINING TO THE LICENSING AND REGULATION OF HOME
OCCUPATIONS; AND AMENDING CHAPTERS 17.16,17.20,17.24, AND 17.74
OF THE ROSEMEAD MUNICIPAL CODE PERTAINING TO THE ZONING
REQUIREMENTS FOR HOME OCCUPATIONS
926 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING GENERAL PLAN AMENDMENT 11 -02, CHANGING THE
CURRENT DUAL LAND USE DESIGNATIONS FROM COMMERCIAL
AND MEDIUM DENSITY RESIDENTIAL TO MEDIUM DENSITY
RESIDENTIAL DESIGNATION AND APPROVING ZONE CHANGE 11-
02 CHANGING THE DUAL ZONING CLASSIFICATIONS FROM P
(PARKING) AND R -2 (LIGHT MULTIPLE RESIDENTIAL) ZONES TO R-
2 (LIGHT MULTIPLE RESIDENTIAL) ZONE, LOCATED 2751 DEL MAR
AVENUE (APN: 5285 -035- 047)
929 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, SETTING SPEED LIMITS IN
ACCORDANCE WITH THE CALIFORNIA VEHICLE CODE
Page 3 of 7
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
932 AN ORDINANCE OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, APPROVING ZONE CHANGE 1301 AMENDING A
PORTION OF THE CITY OF ROSEMEAD ZONING MAP TO IMPLEMENT THE
CITY'S GENERAL PLAN AS PART OF THE COMPREHENSIVE ZONING
CODE UPDATE
933 AN ORDINANCE OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, APPROVING AN AMENDMENT TO THE CITY'S
EXISTING SINGLE - FAMILY DESIGN GUIDELINES AS PART OF THE
COMPREHENSIVE ZONING CODE UPDATE
934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, AMENDING SECTION 9.12.080 OF CHAPTER 9.12 OF TITLE 9
OF THE ROSEMEAD MUNICIPAL CODE
935 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING TITLE 17 "ZONING" OF THE
CITY'S MUNICIPAL CODE BY ADDING CHAPTER 17.40 FOR THE
PURPOSE OF REINFORCING AND CONFIRMING THE CITY'S
CURRENT BAN ON MEDICAL MARIJUANA DISPENSARIES IN ALL
ZONING DISTRICTS
937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 9.12.080 OF, AND
ADDING PART 9.32 OF THE ROSEMEAD MUNICIPAL CODE
RELATING TO SHOPPING CART RETRIEVAL AND CONTAINMENT
BY OWNERS
938 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE
SECTION 50022.2, THE CALIFORNIA BUILDING STANDARDS CODE
(TITLE 26 LOS ANGELES COUNTY BUILDING CODE), THE CALIFORNIA
ELECTRICAL CODE (TITLE 27 LOS ANGELES COUNTY ELECTRICAL
CODE), THE CALIFORNIA PLUMBING CODE (TITLE 28 LOS ANGELES
COUNTY PLUMBING CODE), THE CALIFORNIA MECHANICAL CODE
(TITLE 29 LOS ANGELES COUNTY MECHANICAL CODE), THE
CALIFORNIA RESIDENTIAL CODE (TITLE 30 LOS ANGELES COUNTY
RESIDENTIAL CODE), THE CALIFORNIA GREEN BUILDING CODE
(TITLE 31 LOS ANGELES COUNTY GREEN BUILDING STANDARDS
CODE), AND ADOPTING LOCAL AMENDMENTS THERETO AND
DECLARING THE URGENCY THEREOF
Page 4 of 7
939 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE
SECTION 50022.2, THE CALIFORNIA BUILDING STANDARDS CODE
(TITLE 26 LOS ANGELES COUNTY BUILDING CODE), THE CALIFORNIA
ELECTRICAL CODE (TITLE 27 LOS ANGELES COUNTY ELECTRICAL
CODE), THE CALIFORNIA PLUMBING CODE (TITLE 28 LOS ANGELES
COUNTY PLUMBING CODE), THE CALIFORNIA MECHANICAL CODE
(TITLE 29 LOS ANGELES COUNTY MECHANICAL CODE), THE
CALIFORNIA RESIDENTIAL CODE (TITLE 30 LOS ANGELES COUNTY
RESIDENTIAL CODE), THE CALIFORNIA GREEN BUILDING CODE
(TITLE 31 LOS ANGELES COUNTY GREEN BUILDING STANDARDS
CODE), AND ADOPTING LOCAL AMENDMENTS THERETO
940 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ADOPTING BY REFERENCE, PURSUANT TO
GOVERNMENT CODE SECTION 50022.2, THE CALIFORNIA
BUILDING STANDARDS FIRE CODE (TITLE 32 LOS ANGELES
COUNTY FIRE CODE AND ADOPTING LOCAL AMENDMENTS
THERETO
941 AN ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD
AMENDING CHAPTER 10 OF THE ROSEMEAD MUNICIPAL CODE
RELATING TO REGULATIONS FOR THE OPERATION AND PARKING
OF PRIVATE BUSES
942 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING ZONE CHANGE 12 -02 CHANGING THE ZONING
CLASSIFICATION OF SIX PARCELS FROM C -3 (MEDIUM
COMMERCIAL) AND THE SINGLE - FAMILY RESIDENCE AT THE
NORTHEAST CORNER OF THE SITE R -2 (LIGHT MULTIPLE
RESIDENTIAL) TO C -3 MUDO -D (MEDIUM COMMERCIAL WITH A
RESIDENTIAL /COMMERCIAL MIXED USE DEVELOPMENT
OVERLAY AND DESIGN OVERLAY). THE SUBJECT SITE IS
LOCATED AT 78017825 GARVEY AVENUE, 3012 DEL MAR AVENUE,
AND 3017 BRIGHTON STREET (APN's: 5287 - 039 -001, 002, 003, 004,
005, 011)
943 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ROSEMEAD
AMENDING SECTION 10.24.060 AND RENUMBERING SECTIONS OF
CHAPTER 10.24 OF THE ROSEMEAD MUNICIPAL CODE
REGARDING REGULATIONS FOR THE OPERATION AND PARKING
OF PRIVATE BUSES
944 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING TITLE 17 "ZONING" OF THE
CITY'S MUNICIPAL CODE BY AMENDING CHAPTER 17.54 FOR THE
PURPOSE OF COMPLIANCE WITH FEDERALLY MANDATED
CHANGES TO PROCEDURES AND STANDARDS GOVERNING THE
COLLOCATION OF WIRELESS TELECOMMUNICATION FACILITIES
Page 5 of 7
945 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ADOPTING A CITYWIDE 45-
MORATORIUM ON THE ISSUANCE OF ANY NEW PERMIT, LICENSE,
APPROVAL, OR ENTITLEMENT PERTAINING TO NEW MASSAGE
ESTABLISHMENTS OR THE RELOCATION OF MASSAGE
ESTABLISHMENTS
946 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, EXTENDING THE PROVISIONS OF
ORDINANCE NO, 945 FOR 10 MONTHS AND FIFTEEN DAYS TO
CONTINUE THE MORATORIUM ON THE ISSUANCE OF ANY NEW
PERMIT, LICENSE, APPROVAL, OR ENTITLEMENT PERTAINING TO
NEW MASSAGE ESTABLISHMENTS OR THE RELOCATION OF
MASSAGE ESTABLISHMENTS FOR 10 MONTHS 15 DAYS
947 AN ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD AMENDING
CHAPTER 1.20 OF THE ROSEMEAD MUNICIPAL CODE RELATING
TO PRELIMINARY REVIEW OF ADMINISTRATIVE CITATIONS
948 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD AUTHORIZING THE CITY ENGINEER TO REGULATE OR
PROHIBIT ANY TURN MOVEMENT BY ANY VEHICLE AT ANY
SPECIFIC INTERSECTION OR ALONG ANY SPECIFIC STREET
SEGMENT WITHIN THE CITY LIMITS
949 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AMENDING THE ROSEMEAD MUNICIPAL CODE BY REPEALING
SECTION 12.44.020 (PARK AND RECREATION IMPACT FEE) OF
TITLE 12, CHAPTER 12.44 AND ADDING ARTICLE 7 (DEVELOPMENT
FEES), CHAPTER 17.170 (DEVELOPMENT IMPACT FEES) TO TITLE
17 TO ESTABLISH DEVELOPMENT IMPACT FEES FOR NEW
RESIDENTIAL AND NONRESIDENTIAL DEVELOPMENT
950 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD
ADDING SECTION 1.16.040 TO CHAPTER 1.16 OF TITLE 1 (GENERAL
PROVISIONS) OF THE ROSEMEAD MUNICIPAL CODE TO
AUTHORIZE THE COLLECTION OF ATTORNEYS' FEES IN ACTIONS
TO ABATE A PUBLIC NUISANCE
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
952 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ADOPTING BY REFERENCE CHAPTER 12.84 ENTITLED
"LOW IMPACT DEVELOPMENT STANDARDS" OF THE LOS ANGELES
Page 6 of 7
COUNTY CODE AND INCORPORATING SAID CHAPTER INTO
CHAPTER 13.16 OF THE ROSEMEAD MUNICIPAL CODE, WITH
AMENDMENTS
953 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING CHAPTERS 13.04.040,
13.04.050, 13.04.060 AND 13.04.080 OF THE ROSEMEAD MUNICIPAL
CODE CONCERNING WATER CONSERVATION
954 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MUNICIPAL CODE AMENDMENT 15 -03, ADDING
CHAPTER 15.10 SOLAR ENERGY SYSTEMS TO TITLE 15 (BUILDING
AND CONSTRUCTION) AND AMENDING SUBSECTION
17.28.020(B)(3)(b)(5) OF TITLE 17 (ZONING) OF THE CITY OF
ROSEMEAD MUNICIPAL CODE RELATED TO STATE REGULATIONS
FOR SOLAR ENERGY SYSTEMS
SECTION 4. Ratification of Ordinances. The City Council ratifies and adopts in
full each ordinance and any findings made when first considered by the City Council as
set forth and fully incorporated herein in attached Exhibit A.
SECTION 5. 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 will not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have
passed this ordinance 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 6. Publication. The City Clerk is directed to certify this ordinance and
cause it to be published in the manner required by law.
SECTION 7. Effective Date. This ordinance will be effective 30 days after
adoption.
PASSED, APPROVED, AND ADOPTED this day of , 2016
by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Margaret Clark, Mayor
City of Rosemead, California
Page 7 of 7
ATTEST:
Carol Cowley, Interim City Clerk
City of Rosemead, California
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
ORDINANCE NO. 954
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING
MUNICIPAL CODE AMENDMENT 15 -03, ADDING CHAPTER 15.10 -
SOLAR ENERGY SYSTEMS TO TITLE 15 (BUILDING AND
CONSTRUCTION) AND AMENDING SUBSECTION 17.28.020(B)(3)(b)(5)
OF TITLE 17 (ZONING) OF THE CITY OF ROSEMEAD MUNICIPAL CODE
RELATED TO STATE REGULATIONS FOR SOLAR ENERGY SYSTEMS
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1 . Findings.
A. Government Code section 65850.5 outlines the state's policy to promote
the use of solar energy systems and minimize local land use regulations that may
discourage such use.
B. Assembly Bill 2188 amends portions of the Solar Rights Act of 1978 and
imposes new requirements for cities. Assembly Bill 2188 specifically amends
Government Code section 65850.5 to require cities to adopt by ordinance an expedited
permitting process for small residential rooftop solar energy systems by September 30,
2015,
C. The Rosemead City Council seeks to implement Assembly Bill 2188 and
further state policy by adopting this ordinance.
SECTION 2. Addition of Chapter 15.10. Title 15 (Building and Construction) of
the Rosemead Municipal Code is amended to add Chapter 15.10 — Solar Energy
Systems, as follows:
Chapter 15.10 — Solar Energy Systems
Sections:
15.10.010
Purpose.
15.10.020
Applicability.
15.10.030
Definitions.
15.10.040
Solar Energy System Requirements.
15.1 0A50
Expedited Application.
15.10.060
Permit Review and Inspection Processes.
15.10.010 — Purpose.
The purpose of Chapter 15.10 is to adopt an expedited, streamlined solar
permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521,
Statutes 2014) to achieve timely and cost - effective installations of small residential
rooftop solar energy systems. Chapter 15.10 encourages the use of solar systems by
removing unreasonable barriers, minimizing costs to property owners and the City, and
expanding the ability of property owners to install solar energy systems. Chapter 15.10
allows the City to achieve these goals while protecting the public health and safety.
15.10.020 — Applicability.
Chapter 15.10 applies to the permitting of all small residential rooftop solar
energy systems in the City. . Small residential rooftop solar energy systems legally
established or permitted prior to the effective date of Chapter 15.10 are not subject to
the requirements of Chapter 15.10 unless physical modifications or alterations are
undertaken that materially change the size, type, or components of a small rooftop
energy system in such a way as to require new permitting. Routine operation and
maintenance or like -kind replacements will not require a permit.
15.10.030 — Definitions.
For the purpose of carrying out the intent of Chapter 15.10:
"Association" means a nonprofit corporation or unincorporated association
created for the purpose of managing a common interest development.
"City" means the City of Rosemead.
"Common interest development' means any of the following:
A. A community apartment project.
B. A condominium project.
C. A planned development.
D. A stock cooperative.
"Electronic submittal" means submission by one or more of the following means:
A. Email;
B. The Internet;
C. Facsimile.
"Reasonable restrictions" on a solar energy system are those restrictions that do
not significantly increase the cost of the system or significantly decrease its efficiency or
specified performance, or that allow for an alternative system of comparable cost,
efficiency, and energy conservation benefits.
"Restrictions that do not significantly increase the cost of the system or decrease
its efficiency or specified performance" means:
A. For Water Heater Systems or Solar Swimming Pool Heating Systems: an
amount exceeding 10 percent of the cost of the system, but in no case
more than one thousand dollars ($1,000), or decreasing the efficiency of
the solar energy system by an amount exceeding 10 percent, as originally
specified and proposed.
B. For Photovoltaic Systems: an amount not to exceed one thousand dollars
($1,000) over the system cost as originally specified and proposed, or a
decrease in system efficiency of an amount exceeding 10 percent as
originally specified and proposed.
"Small residential rooftop solar energy system" means all of the following:
2
A. A solar energy system that is no larger than 10 kilowatts alternating
current nameplate rating or 30 kilowatts thermal.
B. A solar energy system that conforms to all applicable state fire, structural,
electrical, and other building codes as adopted or amended by the City
and all state and City health and safety standards.
C. A solar energy system that is installed on a single or duplex family
dwelling.
D. A solar panel or module array that does not exceed the maximum legal
building height as defined by the City.
"Solar Energy System" means either of the following:
A. Any solar collector or other solar energy device whose primary purpose is
to provide for the collection, storage, and distribution of solar energy for
space heating, space cooling, electric generation, or water heating.
B. Any structural design feature of a building, whose primary purpose is to
provide for the collection, storage, and distribution of solar energy for
electricity generation, space heating or cooling, or for water heating.
"Specific, adverse impact' means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified, and written public health or safety
standards, policies, or conditions as they existed on the date the application was
deemed complete.
15.10.040 — Solar Energy System Requirements.
A. All solar energy systems must meet applicable health and safety standards and
requirements imposed by the state, the City, and the City's fire department.
B. Solar energy systems for heating water in single - family residences and for
heating water in commercial or swimming pool applications must be certified by
an accredited listing agency as defined by the California Plumbing and
Mechanical Code.
C. Solar energy systems for producing electricity must meet all applicable safety
and performance standards established by the California Electrical Code, the
Institute of Electrical and Electronics Engineers, and accredited testing
laboratories such as Underwriters Laboratories and, where applicable, rules of
the Public Utilities Commission regarding safety and reliability.
15.10.050— Expedited Application.
A. All documents required for the submission of an expedited solar energy system
application will be made available on the publicly accessible City Website.
B. Electronic submittal of the required permit application and documents by email,
the Internet, or facsimile will be made available to all small residential rooftop
solar energy system permit applicants.
C. An applicant's electronic signature will be accepted on all forms, applications,
and other documents in lieu of a wet signature.
3
D. The City will adopt a standard plan and checklist of all requirements with which
small residential rooftop solar energy systems will comply to be eligible for
expedited review.
E. The small residential rooftop solar system permit process, standard plan(s), and
checklist(s) will substantially conform to recommendations for expedited
permitting, including the checklist and standard plans contained in the most
current version of the California Solar Permitting Guidebook adopted by the
Governor's Office of Planning and Research.
F. All fees prescribed for the permitting of small residential rooftop solar energy
systems must comply with Government Code Section 65850.55, Government
Code Section 66015, Government Code Section 66016, and State Health and
Safety Code Section 17951.
15.10.060 — Permit Review and Inspection Processes.
A. The City will adopt an administrative, nondiscretionary review process to
expedite approval of small residential rooftop solar energy systems after the
adoption on this Chapter. The City will issue a building permit or other
non discretionary permits the same day for over - the - counter applications or within
1 -3 business days for electronic applications of receipt of a complete application
that meets the requirements of the approved checklist and standard plan. A
building official may require an applicant to apply for a use permit if the official
finds, based on substantial evidence, that the solar energy system could have a
specific, adverse impact upon the public health and safety. Such decisions may
be appealed to the City Planning Commission.
B. Review of the application will be limited to the building official's review of whether
the application meets local, state, and federal health and safety requirements.
G. If a use permit is required, a building official may deny an application for the use
permit if the official makes written findings based upon substantive evidence in
the record that the proposed installation would have a specific, adverse impact
upon public health or safety and there is no feasible method to satisfactorily
mitigate or avoid, as defined, the adverse impact. Such findings will include the
basis for the rejection of the potential feasible alternative for preventing the
adverse impact. Such decisions may be appealed to the City Planning
Commission.
D. Any condition imposed on an application must be designed to mitigate the
specific, adverse impact upon health and safety at the lowest possible cost.
E. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact"
includes, but is not limited to, any cost - effective method, condition, or mitigation
imposed by the City on another similarly situated application in a prior successful
application for a permit. The City will use its best efforts to ensure that the
selected method, condition, or mitigation meets the conditions of subparagraphs
(A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code
IH
defining restrictions that do not significantly increase the cost of the system or
decrease its efficiency or specified performance.
F. The City may not condition approval of an application on the approval of an
association, as defined in Section 4080 of the Civil Code.
G. If an application is deemed incomplete, a written correction notice detailing all
deficiencies in the application and any additional information or documentation
required to be eligible for expedited permit issuance will be sent to the applicant
for resubmission.
H. Only one inspection will be required and performed by the City for small
residential rooftop solar energy systems eligible for expedited review.
The inspection will be done in a timely manner and should include consolidated
inspections. An inspection will be scheduled within two business days of a
request and provide a two hour inspection window.
J. if a small residential rooftop solar energy system fails inspection, a subsequent
inspection is authorized but need not conform to the requirements applicable to
the first inspection."
SECTION 3. Amendment to Subsection 17.28.020(113)(3)(b)(5). Subsection
17.28.020(13)(3)(b)(5) is amended to exclude solar energy systems from its design
review standards, as follows,
"5) The design of the structures, driveways, landscaping, lighting, loading
facilities, parking areas, signs, solar facilities (except for solar energy
systems under Chapter 15.10) and other site features should show proper
consideration for the functional aspects of the site (such as, automobile,
pedestrian and bicycle circulation) and the visual effect of the
development on surrounding areas."
SECTION 4. Environmental Determination. The City Council exercises its
independent judgment and finds that this ordinance is exempt from environmental
review. First, the ordinance involves updates and revisions to existing regulations, and
it can be seen with certainty that the text amendments will have no significant negative
effect on the environment, per CEQA Guidelines, Section 15061(b)(3). Second, this
ordinance involves the potential installation of solar energy systems, which are exempt
under Section 21080.35 of the Public Resources Code.
SECTIONS 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 will 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. 954 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.
5
SECTION 6. Publication. The City Clerk shall cause this ordinance to be
published in the manner required by law.
SECTION 7. 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 and be in full force and
effect thirty (30) days from its date of adoption.
PASSED, APPROVED, AND ADOPTED this 11 day of August, 2015.
Margaret lark, Mayor
City of Rosemead, California
ATTEST:
Carol Cowley, City Clerk
City of Rosemead, California
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
CERTIFICATION
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } SS.
CITY OF ROSEMEAD I
I, Carol Cowley, Interim City Clerk of the City of Rosemead, California, do hereby certify that the foregoing
Ordinance No. 954 was regularly introduced and placed upon Its first reading at a regularly meeting of the City
Council on the 28� day of July, 2615. Thereafter, said Ordinance was duly adopted and passed, at its second
reading, at a regular meeting of the City Council on the 11M day of August, 2015 by the following vote to wit:
AYES: Alarcon, Armenta, Clark, Hall, Low
NOES: None
ABSTAIN: None
ABSENT; > None
Carol Cowley, Interim
ORDINANCE NO. 953
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTERS
13.04.040, 13.04.050, 13.04.060 AND 13.04.080 OF THE
ROSEMEAD MUNICIPAL CODE CONCERNING WATER
CONSERVATION.
WHEREAS, on November 10, 2014 the City Council of the City of Rosemead
adopted Resolution 2014 -15 implementing Phase 11 water conservation measures in
accordance with municipal code section 13.04.050; and
WHEREAS, on April 1, 2015 the Governor of the State of California issued an
executive order mandating additional water conservation of 25 %; and
WHEREAS, on May 5, 2015 the State of California Water Resources Control
Board adopted conservation requirements to achieve the conservation target of 25 %; and
l
WHEREAS, the City of Rosemead's current municipal code section 13.04
regulations do not match the regulations imposed by the State Water Resources Control
Board; and
WHEREAS, in order to meet the water needs of residents and businesses in the
City of Rosemead and protect the public from potential health hazards, the City must
impose more stringent water conservation requirements; and
WHEREAS, the City Council desires to adopt provisions of the Rosemead
Municipal Code as amended by this Urgency Ordinance, which are intended to reduce
the risk to public health; and
WHEREAS, it is necessary for the amendments to the Rosemead Municipal Code,
as provided herein, to take effect immediately so that the City of Rosemead can impose
stricter sanctions, including fines or penalties, on water users who do not conserve water
in accordance with the requirements of this ordinance; and
WHEREAS, immediate amendment of the provisions pertaining to the drought as
set forth in this Urgency Ordinance, will be in the interest of the public health, safety and
general welfare of the public and will help diminish the risk of personal injury of Rosemead
residents in the event of a water outage; and
WHEREAS, California Government Code section 36937 empowers cities to adopt,
by a four - fifths vote, an urgency ordinance which is necessary for the immediate
preservation of public peace, health or safety; and
WHEREAS, the City Council has determined that the adoption of this Ordinance is
necessary for the immediate preservation of public peace, health and safety to reduce
the risk of personal injuries related to the lack of water supply to the region.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 . Urgency Findings. The City Council of the City of Rosemead hereby adopts
the recitals set forth in the introduction of this Urgency Ordinance as findings to support
the adoption of the provisions contained herein. This Urgency Ordinance is enacted
pursuant to Government Code Sections 36934 and 36937 for the immediate preservation
of public peace, health and safety.
SECTION 2. Chapters 13.04.040, 13.04.050, 13.04.060 and 13.04.080 of the Rosemead
Municipal Code is hereby amended to read in its entirety as follows:
13.04.040 — Phase I water shortage— Voluntary conservation.
A. A Phase 1 shortage shall be declared when the City is advised by the State
Water Resources Control Board or by the city's water purveyors that
conservation of up to ten (10) percent is required due to a shortage of water
supplies.
B. All elements of Phase 11 shall apply to Phase I on a voluntary basis only.
13.04.050 — Phase II water shortage -- Mandatory conservation.
A. A Phase II shortage shall be declared when the City is advised by the State
Water Resources Control Board or by the city's water purveyors that a
conservation of up to twenty (20) percent is required due to a shortage of water
supplies.
B. The following restrictions on the use of water by water users shall be in effect
during a Phase II shortage:
1. There shall be no hose washing of sidewalks, walkways, buildings, walls,
patios, driveways, parking areas or other paved surfaces, except to
eliminate conditions dangerous to public health or safety or when required
as surface preparation for the application of architectural coating or painting;
2. Washing of motor vehicles, trailers, boats and other types of equipment
shall be done only with a hand -held bucket or a hose equipped with a
positive shutoff nozzle for quick rinses, except that washing may be done
with reclaimed wastewater, or by a commercial car wash using recycled
water;
3. No water shall be used to clean, fill or maintain levels in decorative
fountains, ponds, lakes or other similar aesthetic structures unless such
water is part of a recycling system;
4. No water shall be used to refill a swimming pool, spa or hot tub emptied
after the commencement of Phase 11;
5. All water users shall repair all leaks from indoor and outdoor plumbing
fixtures within forty -eight (48) hours of discovery;
6. No restaurant, hotel, cafe, cafeteria or other public place where food is sold,
served or offered for sale, shall serve drinking water to any customer unless
expressly requested and shall display a notice to that effect;
Page 2 of 4
7. The owner and manager of every hotel, motel, inn, guest house, bed and
breakfast facility, and short -term commercial lodging shall post a notice of
water shortage and any necessary compliance measures;
8. No water users shall cause or allow the water to run off landscaped areas
into adjoining streets, sidewalks or other paved areas due to incorrectly
directed or maintained sprinklers or excessive watering;
9. If a local purveyor has not previously designated outdoor watering
restrictions, then the following restrictions shall apply:
a. The restrictions on watering lawns, landscape or other turf with
potable water by methods other than drip irrigation or mircospray
shall be limited to the hours between 6:OOp.m. and 8:OOa.m.
b. The restrictions on watering lawns, landscape or other turf with
potable water by methods other than drip irrigation or mircospray
shall be limited to no more than three (3) days per week. Even -
numbered addresses shall water on Monday, Wednesday and Friday
and Odd - numbered addresses shall water on Tuesday, Thursday
and Saturday.
c. These provisions shall apply to residential, commercial, industrial
and public agencies but shall not apply to commercial nurseries, golf
courses and other water- dependent industries.
13.04,060 Phase ill water shortage — Mandatory Conservation.
A. A Phase III shortage shall be declared when the City is advised by the State
Water Resources Control Board or by the city's water purveyors that a
conservation of more than twenty (20) percent is required due to a shortage of
water supplies.
B. All of the restrictions of Phase 11 shall apply except that:
1. Irrigation with potable water outside of newly constructed homes and
buildings not in accordance with emergency regulations or other
requirements established in the California Building Standards Code is
prohibited
2. Application of potable water to outdoor landscapes during and within 48
hours after measurable rainfall is prohibited;
3, Water used on a one -time basis for purposes such as construction and dust
control, shall be limited to that quantity identified in a plan submitted by the
user which describes water use requirements. The plan shall be submitted
to the City's Community Development Department for approval. Water
sources other than potable water shall be utilized where available;
4. The use of water from fire hydrants shall be limited to fire fighting and related
activities and other uses of water for municipal purposes shall be limited to
activities necessary to maintain public health, safety and welfare.
5. If a local purveyor has not previously designated outdoor watering
restrictions, then the following restrictions shall apply:
a. The restrictions on watering fawns, landscape or other turf with
potable water by methods other than drip irrigation or mircospray
shall be limited to no more than two (2) days per week. Even-
Page 3 of 4
numbered addresses shall water on Monday and Thursday and Odd -
numbered addresses shall water on Tuesday and Friday.
b. These provisions shall apply to all consumers including commercial
nurseries, golf courses and other water- dependent industries
13.04.80 -- Violations - Penalties.
Any person or water user violating any of the provisions of this chapter shall be
issued a written warning for the first violation. Upon the second or subsequent violations,
the person or water user shall be cited in accordance with Section 1.20 — Administrative
Citations of the Rosemead Municipal Code. This remedy is in addition to and cumulative
with any other remedies or penalties available in the Rosemead Municipal Code.
PASSED AND ADOPTED this 9th day of June, 2015:
I.��_
MARGARET CLARK
MAYOR
ATTEST:
�G
GLORIA MOLLEDA
CITY CLERK
APPROVED AS TO FORM:
RACHEL R. MWN
CITY ATTORNEY
Page 4 of 4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California do hereby certify that the
foregoing Urgency Ordinance No. 953 was duly and regularly approved and adopted by the
Rosemead City Council on the 9th of June 2015, by the following vote to wit:
Yes:
Alarcon, Armenta, Clark, Low, Ly
No:
None
Absent:
None
Abstain: None
`"t"
Gloria Molleda
City Clerk
1
r
f
i
I
ORDINANCE NO. 952
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ADOPTING BY REFERENCE CHAPTER 12.84 ENTITLED "LOW IMPACT
DEVELOPMENT STANDARDS" OF THE LOS ANGELES COUNTY CODE
AND INCORPORATING SAID CHAPTER INTO CHAPTER 13.16 OF THE
ROSEMEAD MUNICIPAL CODE, WITH AMENDMENTS
WHEREAS, the City of Rosemead ( "City ") is a permittee under the California
Regional Water Quality Control Board, Los Angeles Region Order No. R4- 2012 -0175,
issued on November 8, 2012, which establishes Waste Discharge Requirements for
Municipal Separate Storm Sewer Systems (MS4) discharges within the coastal
watersheds of Los Angeles County, except those discharges originating from the City of
Long Beach MS4; and
WHEREAS, Order No. R4- 2012 -0175 contains requirements for municipalities to
establish a Low Impact Development Ordinance and the City now desires to adopt a
Low Impact Development Ordinance as required by Order No. R4- 2012 -0175; and
WHEREAS, the Los Angeles County Board of Supervisors has already adopted
into the Los Angeles County Code Chapter 12.84 entitled "Low Impact Development
Standards" which contains the same requirements that the City will need to comply with
and enforce; and
WHEREAS, California Government Code Section 50022.9 authorizes the City to
adopt by reference County ordinances and codes; and
WHEREAS, the City of Rosemead desires to adopt by reference Chapter 12.84
entitled "Low Impact Development Standards ", of the Los Angeles County Code.
NOW; THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 13.16 of the Rosemead Municipal Code is hereby
amended to include Chapter 13.16.180 — Low Impact Development to read as follows:
13.16.180 — Low Impact Development.
A. Title — This Section, 13.16.180, shall be known as the Low Impact Development
Ordinance of the City of Rosemead
B. Adoptions by Reference —
1. Except as amended in Section 13.16.180.C, below, Chapter 12.84 of the Los
Angeles County Code, which is entitled "Low Impact Development Standards," is
hereby incorporated in its entirety by reference and expressly incorporated herein.
Chapter 12.84 of the Los Angeles County Code is hereby made a part of this Chapter
13.16.180 as if, for all intents and purposes, fully set forth in this Chapter. This adoption
by reference shall include any subsequent amendments to Chapter 12.84 unless
modified in this Chapter, 13.16.180.
2. A certified copy of Chapter 12.84 of the Los Angeles County Code is on file in
the office of the City Clerk for public record and inspection.
3. If there is any inconsistency between any provisions of Chapter 12.84 of the
Los Angeles County Code and other provisions of this Municipal Code, such other
provisions of this Municipal Code shall prevail.
C. Amendments — Chapter 12.84 of the Los Angeles County Code is hereby amended
as follows:
1. Section 12.84.420 of Chapter 12.84 of the Los Angeles County Code is hereby
amended to amend the following definition:
"County" means the City of Rosemead
2. Section 12.84.420 of Chapter 12.84 of the Los Angeles County Code is hereby
amended to amend the following definition:
"Director" means the Director of Public Works of the City of Rosemead
3. Section 12.84.420 of Chapter 12.84 of the Los Angeles County Code is hereby
amended to amend the following definition:
"Public Works" means the City of Rosemead Department of Public Works
4. Section 12.84.430.E.2 of Chapter 12.84 of the Los Angeles County Code is
hereby amended to amend to read as follows:
"2. Any development project for which a complete discretionary or
nondiscretionary permit application was filed with the City of Rosemead prior to
December 28, 2012."
5. Section 12.84.440.6 of Chapter 12.84 of the Los Angeles County Code is
hereby amended to read as follows:
"B. Low impact development plans shall be submitted in accordance with
the Low Impact Development Standards Manual issued by the County of Los Angeles
Department of Public Works, a copy of which shall be located in the Public Works
Department."
D. Responsibility for Administration — This chapter shall be administered by the Director
of Public Works of the City of Rosemead.
SECTION 2. This ordinance shall take effect thirty (30) days after its adoption in
accordance with California Government Code Section 36937.
SECTION 3. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same to be published and /or posted in accordance with
applicable law.
PASSED, APPROVED AND ADOPTED THIS 12 DAY OF MAY, 2015.
Margar Clark
Mayor
ATTEST:
�4" MA-0- g
oria Molleda
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 952 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 28TH of April, 2014. There after said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 12th of May, 2015 by the
following vote to wit:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD ADOPTING BY
REFERENCE CHAPTER 12.84 ENTITLED
"LOW IMPACT DEVELOPMENT STANDARDS"
OF THE LOS ANGELES COUNTY CODE AND
INCORPORATING SAID CHAPTER INTO
CHAPTER 13.16 OF THE ROSEMEAD
MUNICIPAL CODE, WITH AMENDMENTS
Yes:
Alarcon, Armenta, Clark, Low, Ly
No:
None
Abstain:
None
Absent:
None'i
- Gloria Molleda
City Clerk
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
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 include a signed written consent on a form created by the City
from all property owners of land abutting the subject property. The applicant must
also submit a notarized sworn declaration on a form created by the City, stating that
the declaration is made under penalty and perjury that all written consents are true
and accurate. Furthermore, such project may be granted only after a public hearing
before the Planning Commission. In conformance with Land Use Goal 1 (Maintain
2
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.
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.
SECTION 6. Code Amendment. Title 17, Article 4, Chapter 17.72 is HEREBY
AMENDED to read as follows:
tea
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.
17.72.080 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.
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.
W
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.i.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
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.
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:
11
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:
Ordinary repairs and the repair or replacement of nonboaring 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.
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.
7
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:
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
n
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 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 provides signed written consent on a form created by the City
from all property owners of land abutting the subject property and submits a
notarized sworn declaration on a form created by the City, stating that the
declaration is made under penalty and perjury that all written consents are
true and accurate.
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, Wails, and Landscape Screening),
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
M
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.
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
10
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.
17.72.090 Amortization.
The Zoning Code gives the City Council the authority to establish Amortization
Regulations for nonconforming uses, structures, and buildings.
11
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 shalt go
into effect and be in full force and effect thirty (30) days from its date of adoption.
PASSED, APPROVED, AND ADOPTED this 11` day of August 2015,
of ls�tcl � /:.
Margaret lark, Mayor
City of Rosemead
ATTEST:
Cowley, Interim City
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
Burke Williams and Sorensen, LLP
IM
CERTIFICATION
STATE OFCALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Carol Cowley, Interim City Clerk of the City of Rosemead, California, do hereby certify
that the foregoing Ordinance No. 951 was regularly introduced and placed upon its first reading at
a regularly meeting of the City Council on the 14th day of July, 2015. Thereafter, said Ordinance
was duly adopted and passed at its second reading, at a regular meeting of the City Council on the
11th day of August, 2015 by the following vote to wit:
AYES:
Alarcon, Armenta, Clark, Hall, Low
NOES:
None
ABSTAIN:
None
ABSENT:
None
Cara owley
Interim City Clerk
ORDINANCE NO. 950
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD
ADDING SECTION 1.16,040 TO CHAPTER 1.16 OF TITLE 1 (GENERAL.
PROVISIONS) OF THE ROSEMEAD MUNICIPAL CODE TO AUTHORIZE THE
COLLECTION OF ATTORNEYS' FEES IN ACTIONS TO ABATE A PUBLIC
NUISANCE
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City
to enact and enforce ordinances that regulate conditions which may be public nuisances
or health hazards, or that promote social, economic or aesthetic considerations; and
WHEREAS, California Government Code section 38773.5 authorizes the City to
pass ordinances that provide for the recovery of attorneys' fees in any action,
administrative proceeding, or special proceeding to abate a nuisance; and
WHEREAS, the Rosemead Municipal Code identifies conditions that constitute
public nuisances and provides procedures for the voluntary as well as summary
abatement of such nuisances; and
WHEREAS, based on previous enforcement - actions, the City has suffered
substantial costs in abating public nuisance conditions and now desires to provide for
the recovery of attorneys' fees in accordance with Government Code section 38773.5
in an effort to recoup certain costs in the future; and
WHEREAS, Government Code section 36937 authorizes the adoption of an
urgency ordinance for the immediate protection of the public health, safety and welfare;
and
WHEREAS, the City Council finds that this Ordinance must take effect
immediately to preserve the public peace, health and safety. There are currently code
enforcement actions that are either pending or anticipated in the - near future,_ and the
public health, safety and welfare require approval of this urgency ordinance immediately
to provide for the orderly administration of the City and to minimize the financial impact
that such actions may otherwise have on the City's code enforcement activities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
ORDAIN AS FOLLOWS:
SECTION 1 . The City Council of the City of Rosemead hereby adds Section
1. 16.040 to Chapter 1.16 of Title 1 (General Provisions) of the City of Rosemead
Municipal Code to read as follows;
11 1.16.040 — Attorneys' Fees.
Under California Government Code section 38773.5, in any action, administrative
I roceeding, or special proceeding brought to abate a public nuisance, the prevailing
party will be entitled to recover attorneys' fees, provided that attorneys' fees will only be
available in those actions or proceedings in which the city has provided notice at the
commencement of such action or proceeding that it intends to seek and recover its own
attorneys' fees. In no action or proceeding shall an award of attorneys' fees exceed the
amount of reasonable attorneys' fees incurred by the city in the action or proceeding."
SECTION 2. Government Code section 36937 Declaration of Facts
Constituting Urgency. As further described in the Recitals above and in order to avoid
prohibitive costs resulting from actions to abate public nuisances in furtherance of the
public health, safety and welfare, it is necessary for the proper functioning of the City
and for the protection and preservation of the public peace, health, and safety that this
Ordinance be adopted as an urgency ordinance and that the ordinance take effect
immediately upon its adoption.
SECTION 3. 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 will not affect the validity
of the remaining portions of this ordinance. The City Council hereby declares that it
would have passed this Ordinance 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 4. Effective Date. This Ordinance is hereby declared an urgency
measure pursuant to the terms of California Government Code section 36937(b) and
will be effective immediately upon adoption by a four - fifths (4 /5th) vote of the City
Council.
SECTION 5. Publication. The City Clerk is directed to cause this Ordinance to
be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this 10P day of February, 2015.
William Alarcon, Mayor
City of Rosemead, California
ATTEST:
ona, Molleda, City Clerk
City of Rosemead, California:
APPROVED AS TO FORM
Rache HI Richman,zeity Attorney
Burke, Williams & Sorensen, LLP
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California do hereby certify that the
foregoing Urgency Ordinance No. 950 was duly and regularly approved and adopted by the
Rosemead City Council on the 10th of February 2015, by the following vote to wit:
Yes:
Alarcon, Armenta, Clark, Low, Ly
No:
None
Absent:
None
Abstain:
None
Gloria Molleda
City Clerk
ORDINANCE NO. 949
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AMENDING THE ROSEMEAD MUNICIPAL CODE BY REPEALING
SECTION 12.44.020 (PARK AND RECREATION IMPACT FEE) OF
TITLE 12, CHAPTER 12.44 AND ADDING ARTICLE 7 (DEVELOPMENT
FEES), CHAPTER 17.170 (DEVELOPMENT IMPACT FEES) TO TITLE
17 TO ESTABLISH DEVELOPMENT IMPACT FEES FOR NEW
RESIDENTIAL AND NONRESIDENTIAL DEVELOPMENT
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1 . Findings. The City Council finds and declares:
A. The City provides public services and constructs and maintains public
improvements for the benefit of residents, businesses, and employees within the City;
and
B. In 2010 the City adopted an update to the City of Rosemead General
Plan, which anticipates and plans for new development in the City through the year
2025; and
C. New development generates impacts on public services, public facilities,
and community amenities for which revenues generated through property taxes and
other means are generally insufficient to accommodate; and
D. If additional capital facilities and public services are not added as
development occurs, the existing facilities and services will not be adequate to serve the
community. This could result in adverse impacts, such as inadequate public safety
services, inadequate traffic safety and transportation improvements, inadequate parks
and recreation facilities, as well as inadequate other general government facilities; and
E. Strategy 6 (A) of the City's Strategic Plan 2014 and 2015, states: To
address a foreseeable lack of funding for future capital improvements, complete a
Development Impact Fee (DIF) study for the initiation of new fund accounts for
infrastructure improvements, and
F. To prevent undesirable consequences, and to reduce the impacts of new
development on capital facilities, equipment, and services, the City's capital facilities
must be constructed, and the City's public services must be provided, at a rate which
will accommodate the expected growth in the City; and
1
G. The development impact fees established by this Chapter will be imposed
upon development projects for the purpose of mitigating the impact of the development
on the ability of the City to provide specified public improvements and services; and
H. The City has caused to be prepared a City of Rosemead Final Draft
Development Impact Fee Study, dated April 21, 2015 (Study). The Study is on file with
the City Clerk; and
I. The Study identifies the development potential of the City from the year
2014 until 2025; identifies four (4) categories of capital facilities and equipment required
to serve and accommodate new development; and provides a summary of the portion of
each improvement category's costs that can be funded by new development; and
J. The four (4) categories of capital facilities and equipment that will be
funded by the development impact fee established by this Ordinance are (1) traffic
facilities; (2) park facilities; (3) general government facilities; and (4) public safety
facilities. These capital facilities and equipment are needed to promote and protect the
public health, safety and general welfare within the City, to facilitate orderly urban
development, to maintain existing levels of service, and to promote economic and social
well- being..
K. The City Council has relied upon the factual information, analysis, and
conclusions in the Study in adopting this Ordinance.
L. It is the City's intent and desire to have developers pay for their fair share
of public costs associated with new development while at the same time facilitating
growth that is in the public interest;
SECTION 2 . The City Council finds that this Ordinance is statutorily exempt
under California Environmental. Quality Act (CEQA) Section 15273 (a)(1) "Rates, Tolls,
Fairs and Charges," as well as Sections 15061 (b)(3) and 15378 (b)(4).
SECTION 3. The City Council HEREBY FINDS AND DETERMINES that
Ordinance 949 complies with the requirements of the Mitigation Fee Act (the Act),
contained in California Government Code Sections 66000 et seq.
SECTION 4. Municipal Code Amendment. Section 12.44.020 (Park and
Recreation Impact Fee) of Title 12, Chapter 12.44 (Park and Recreation Areas) of the
Rosemead Municipal Code is HEREBY REMOVED in its entirety.
SECTION 5. Municipal Code Amendment. Article 7 (Development Fees),
Chapter 17.170 (Development Impact Fees) shall be added to Title 17 of the Rosemead
Municipal Code to read as follows;
2
Article 7 Development Fees
Chapter 17.170 Development Impact Fees
Sections:
17.170.010
Authority.
17.170.020
Findings and Purpose.
17.170.030
Definitions.
17.170.040
Establishment of DIFs.
17.170.050
Calculation and Payment of DIFs.
17.170.060
Exemptions and Credit for Existing Development.
17.170.070
Fee Adjustment
17.170.080
Fee Revenue Accounts.
17.170.090
Distribution of Impact Fee Funds.
17.170.100
Periodic Review and Inflation Adjustment.
17.170.110
Fee Refunds.
17.170.120
Fee Revision by Resolution.
17.170.130
Regulations.
17.170.010 Authority.
This Chapter 17.170 of the Rosemead Municipal Code may be referred to as the
Development Impact Fee Ordinance and is adopted pursuant to the police power of the
City and under Government Code Section 66000 et seq. (Mitigation Fee Act). All words,
phrases, and terms used in this Chapter shall be interpreted in accordance with the
definitions set forth in the Mitigation Fee Act, unless otherwise specifically defined
herein.
17.170.020 Findings and Purpose.
A. The City has prepared a Development Impact Fee Nexus Study. It shows, and the
City Council finds that there is a reasonable relationship between the purpose for
which the fees established by this Ordinance are to be used and the type of
development projects on which the fees are imposed, and between the amount of
the fees and the cost of the traffic, public safety, general government, and park
facilities or the portion of those facilities attributable to the development on which the
fees are imposed.
B. It is the intent of the City Council that the fee required by this Chapter shall be
supplementary to any conditions imposed upon a development project pursuant to
other provisions of the Municipal Code, the Subdivision Map Act, the California
Environmental Quality Act, other state and local laws, which may authorize the
imposition of project specific conditions on development.
C. It is intended that, as further provided for in this Chapter, every person who develops
or redevelops land in the City pay development impact fees established by this
Chapter, as provided herein. No developer, property owner, or other person or
entity shall be eligible to receive a building certificate of occupancy unless such
3
developer, property owner, or other person or entity has first complied with all
applicable provisions of this Chapter.
17.170.030 Definitions.
For the purpose of this Chapter, the following terms shall have the meaning set forth
herein:
A. "Applicant" means the person(s) or legal entity or entities, who may also be the
property owner, who is applying for a building permit.
B. "City" means the City of Rosemead.
C. "Credit" means any amount credited against a DIF obligation for a development
project in accordance with the provisions of Section 17.170.060 (Exemptions and
Credit for Existing Development).
D. "Development Impact Fee" and "DIF" mean each and all of the development impact
fees established by this Chapter.
E. "Development Impact Fee Study," "DIF Study," and "Study ", as used in this Chapter,
mean the Final Draft Development Impact Fee Study dated April 21, 2015 and any
present and future amendments, additions, and updates to said Study, all of which
are deemed included in such definitions as used in this Chapter, which is on file with
the Community Development Department and the City Clerk.
F. "Industrial' means all industry, manufacturing, and warehouse development.
G. "Mixed Uses" includes combinations of land use types in a single project. Generally,
a Mixed Use Development consists of commercial and residential uses integrated
either vertically in the same structure or group of structures, or horizontally on the
same development site where parking, open spaces, and other development
features are shared. However, light industrial and commercial development may
also be considered as Mixed Use. In a Mixed Use Development, both uses are
considered primary uses of the land.
H. "Multi- family" or "Multi- Family Dwelling Unit" means a structure or portion thereof
containing three or more dwelling units designed for the independent occupancy of
three or more households, such as apartments and condominiums. For the purpose
of DIF calculation, a second dwelling unit as defined by Government Code Section
65852.2 and regulated by Title 17, Article 3, Chapter 17.30, Section 17.30.190 shall
also be categorized as a multi - family unit.
I. "Office" means all general, administrative business professional, corporate, and
medical and dental office development.
10
J. "Project," as used in this Chapter, means the development or redevelopment
proposal that is the subject of an application for a building permit to construct
improvements on real property which are designed to be occupied for the purpose of
single- family residential, multi - family residential, retail, office, or an industrial use as
defined in this Section.
K. "Public Facilities" means public facilities identified in the Study, including a capital
improvement project list and cost estimates of the public facilities, which may be
funded by the DIFs, and may include public improvements, public services, and
community amenities.
L. "Retail" as used in this Chapter, means all commercial, retail and hotel /motel
development.
M. "Single- family" as used in this Chapter, means residential structures that do not
contain more than two dwelling units.
N. "Vacant." For the purpose of this Chapter, a nonresidential property or a multifamily
residential property shall be deemed "vacant" during the two years prior to the
issuance of the building permit for a new structure, if the property owners or property
tenants failed to maintain an active business license for the property during the
entire two year period. For the purpose of a single - family home, the property is
"vacant" if records do not show energy usage consistent with occupancy of the
building and /or adjacent single - family properties that were occupied during the two -
year period.
17.170.040 Establishment of DIFs.
Except as otherwise provided in this Chapter, an Applicant for a building permit
proposing new development shall pay the following DIFs according and pursuant to the
procedure set forth in this Chapter:
a. Traffic Facilities.
b. Public Safety Facilities.
c. General Government Facilities.
d. Park Facilities.
The amount of each DIF shall be as established by resolution of the City Council and
shall be set forth in the City's current comprehensive fee schedule in effect at the time
of project submittal into building plan check.
17.170.050 Calculation and Payment of DIFs.
A. Calculation of DIFs. The amount of the charge due under this Chapter shall be
determined at the time of submittal into building plan check for the project. Following
5
project submittal the City shall timely provide the applicant with a notice in writing, a
statement of the amount of the fees and notification of the 90 -day appeal period in
which the applicant may protest the imposition of the fees. Said notice shall be in
substantially the following form:
The conditions of project approval for your project, identified as
include development impact fees, more specifically described as:
(identification of the amount of the fee). The applicant is hereby notified that the 90-
day protest period to challenge such fees has begun as of the date of the fee
imposition, which date was
If the applicant fails to file a protest regarding the fees, as specified in California
Government Code § 66020, the applicant shall be legally barred from later
challenges.
B. Payment of DIFs. The full amount shall be due and payable to the City on the date of
final inspection or the date of the issuance of the certificate of occupancy, whichever
occurs later. No certificate of occupancy shall be granted for the project, no one
shall occupy the new dwelling unit or the new nonresidential building area, and no
utility connections shall be permitted until the fee is paid in full.
C. Mixed Uses. When improvement plans include more than one land use type, the
impact fee shall be calculated separately for each land use type.
17.170.060 Exemptions and Credit for Existing Development.
A. Exemptions. The following Projects are exempt from the requirement to pay DIFs:
The DIFs shall not be imposed upon a building permit for remodeling or for an
addition to an existing residential structure so long as the remodeling or addition
does not add a dwelling unit.
2. The DIFs shall not be imposed upon a building permit for the demolition of an
existing residential structure and the construction of a new residential structure
on the same site, provided the demolished structure was not "vacant" (as defined
in Section 17.170.030) prior to the issuance of a building permit for the new
structure.
3. The DIFs shall not be imposed on any alteration of a nonresidential structure,
where the square footage is not increased by more than two hundred (200)
square feet or ten (10) percent of the existing structure, whichever is less,
cumulatively over a two year period, unless the alteration includes an
intensification of use such as a shift to a higher cost fee category. If the
alteration includes an intensification of use a credit for the existing development
shall apply as outlined in Section 17.170.060.B.
4. The following projects, square footage, and affordable residential units shall not
be subject to the requirements of this Chapter: places of worship, City projects,
day care centers, private K -12 schools, square footage used for outdoor dining in
the public right -of -way, and affordable housing units that are deed restricted to
very -low income and low income households.
5. The DIFs shall not be imposed upon a project that has been submitted with
complete land use development application(s) and processing fee(s) to the City's
Planning Division prior to the effective date of this Ordinance.
6. There are no other exemptions to the DIF.
B. Credit for Existing Development. For a project that involves the demolition of an
existing structure and the construction of a new structure, the applicant shall be
entitled to a credit in the amount of the applicable DIFs for the structure to be
demolished, provided that such structure has not been vacant (as defined in Section
17.170.030), and provided that no DIF shall be reduced below $0. For
nonresidential structures, the credit will be calculated based on the square footage
of the existing structure to be demolished. For residential structures, the credit will
be calculated based on the type and number of existing dwelling units to be
demolished.
17.170.070 Fee Adjustment
An applicant of any project subject to the DIFs described in this Chapter may apply to
the City Council for an adjustment, reduction, or waiver of the DIF based upon the
absence of any reasonable relationship between the impact on public facilities of that
development and either the amount of fee charged or the type of facilities to be
financed. Such requests shall be subject to the process outlined below.
A. The application shall be made in writing and filed with the City Clerk not cater than
the time for filing of the request for a building permit.
B. The application shall state in detail the factual basis and legal theory for the claim of
waiver, reduction or adjustment. The applicant shall bear the burden of proof of
presenting substantial evidence to support the request for an adjustment or waiver.
C. The City Council shall consider the application at a public hearing held within sixty
(60) days after the filing of the fee adjustment application. The decision of the City
Council shall be final.
D. If a reduction, adjustment, or waiver is granted, any change in use within the project
shall invalidate the waiver, adjustment, or reduction of the fee.
17.170.080 Fee Revenue Accounts.
Pursuant to Government Code Section 66006, an Impact Fee Reserve Account is
hereby established for each fee category. The fees paid to the City pursuant to the
7
provisions of this Chapter shall be deposited into the appropriate Impact Fee Reserve
Account and used solely for the purpose described in this Chapter. All monies
deposited into the Reserve Accounts shall be held separate and apart from other City
funds. All interest or other earnings on the unexpended balance in the Reserve
Account shall be credited to the Reserve Account.
17.170.090 Distribution of Impact Fee Funds.
All monies and interest earnings in each of the Impact Fee Reserve Accounts shall be
expended on the construction and related design and administration costs of
constructing public facility improvements and purchasing land and equipment identified
in the Nexus Study. Such expenditures may include, but are not necessarily limited to
the following:
A. All direct and indirect costs incurred by the City to construct facility improvements
pursuant to this Chapter, including but not limited to, the cost of land and right -of-
way acquisition, planning, legal advice, engineering, design, construction,
construction management, materials and equipment.
B. Costs of issuance or debt service associated with bonds, notes or other security
instruments issued to fund facility improvements identified.
C. Administrative costs incurred by the City in establishing or maintaining the Impact
Fee Reserve Accounts required by this Chapter, including but not limited to the cost
of studies to establish the requisite nexus between the fee amount and the use of
fee proceeds and yearly accounting and reports.
17.170.100 Periodic Review and Inflation Adjustment.
A. Periodic Review. The City shall comply with the annual and five -year reporting
requirements of the Mitigation Fee Act. For facilities to be funded by a combination
of impact fees and other revenues, identification of the source and amount of these
non -fee revenues shall be included in the report. Identification of the timing of
receipt of other revenues to fund the facilities is also important.
B. Inflation Adjustment. To account for inflation in facility construction costs, the fee
imposed by this Ordinance shall be adjusted automatically on July 1 of each fiscal
year, beginning on July 1, 2018, by a percentage equal to the appropriate
Construction Cost Index as published by Engineering News Record, or its successor
publication, for the preceding twelve (12) months.
17.170.110 Fee Refunds.
Fees collected pursuant to this Chapter which remain unexpended or uncommitted for
five or more fiscal years after deposit into the Impact Fee Reserve Account may be
refunded as provided by State law.
I
17.170.120 Fee Revision by Resolution.
The amount of the DIFs and the formula for the automatic annual adjustment
established by this Chapter may be reviewed and revised periodically by resolution of
the City Council. This Chapter shall be considered enabling and directive in this regard.
17,170.130 Regulations.
The Community Development Director, or her /his designee, is authorized to adopt
written administrative regulations or guidelines that are consistent with and that further
the terms and requirements set forth within this Chapter.
SECTION 6. Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this chapter is declared by a court of competent jurisdiction to be
unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining portions of this chapter. The City Council declares that it would have adopted
this chapter, and each section, subsection, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections, subsections, phrases, or portions
be declared invalid or unconstitutional.
SECTION 7. Publication. The City Clerk shall cause this Ordinance to be
published in the manner required by law.
SECTION 8. 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 fifteen (15) days after its adoption. This Ordinance
shall go into effect and be in full force and effect sixty (60) days from its date of
adoption.
PASSED, APPROVED AND ADOPTED this 9th day of June, 2015.
Margare Clark, Mayor
City of Rosemead
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
Burke Williams and Sorensen, LLP
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 949 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 26th of May, 2015. Thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 9th of June, 2015 by the
following vote to wit:
Yes:
Alarcon, Clark, Low, Ly
No:
None
Abstain:
None
Absent:
None
® .r ..
Gloria Molleda
City Clerk
ORDINANCE NO. 948
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD AUTHORIZING THE CITY ENGINEER TO
REGULATE OR PROHIBIT ANY TURN MOVEMENT BY
ANY VEHICLE AT ANY SPECIFIC INTERSECTION OR
ALONG ANY SPECIFIC STREET SEGMENT WITHIN THE
CITY LIMITS
WHEREAS, the City desires to regulate turn movements, including right turns,
left turns, and U- Turns, in order to promote the safe flow of traffic at specific
intersections and street segments within the City limits; and,
WHEREAS, the California Vehicle Code, section 22113, local authorities may
prohibit or regulate turn movements at specific intersections and street segments
within the City limits; and,
WHEREAS, the City of Rosemead Traffic Commission recommended that an
ordinance by adopted to allow the City Engineer to regulate turn movements throughout
the City as necessary to promote a safe flow of traffic within the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
ORDAIN AS FOLLOWS:
Section 1 . The City Council of the City of Rosemead hereby adds new Section
10.04.060 to the City of Rosemead Municipal Code to read as follows:
Section 10.040.060 — AUTHORITY OF THE CITY ENGINEER TO REGULATE TURN
MOVEMENTS
A. It is hereby determined and declared that the City Engineer is authorized to prohibit
or regulate any turn movement by any vehicle at any intersection or along specific
street segments.
B. The City Engineer shall have the power and duty to place, maintain and /or remove
official traffic- control devices where, when, and as required under this ordinance with
the approval of the City Manager.
C . Restricted Turns: The City Engineer shall determine those intersections or street
segments at which drivers shall not make a right turn, left turn, or U -turn and shall
cause to be placed proper signs at these intersections or street segments. The
making of such turns may be prohibited at all times or during certain hours or days
and permitted at other hours, provided this information is clearly posted on proper
signage.
D. The City Engineer shall determine those intersections or segments between
intersections at which drivers shall not make a right turn, left turn, or U-turn and shall
present the findings to the Traffic Commission for concurrence; Pursuant to Traffic
Commission concurrence, the findings shall be published once in a newspaper of
general circulation, published in the City of Rosemead. Fifteen days after such
publication, the City Engineer shall cause to be placed proper signs at these
intersections. The making of such turns may be prohibited between certain hours or
certain days and permitted at other hours, with this information clearly posted.
PASSED, APPROVED AND ADOPTED THIS 24` DAY OF FEBRUARY, 2015.
willia rc
Mayor
ATTEST:
t� , 1
7' L) ` n A�.Ucai
ona Molleda
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES J SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No, 948 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 10t^ of February, 2015. Thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 24th of February, 2015 by
the following vote to wit:
Yes:
Alarcon, Clark, Low, Ly
No:
None
Abstain:
None
Absent:
Armenta
.�,-� "m.
Gloria Molleda
City Clerk
ORDINANCE NO. 947
AN ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD
AMENDING CHAPTER 1.20 OF THE ROSEMEAD MUNICIPAL CODE
RELATING TO PRELIMINARY REVIEW OF ADMINISTRATIVE CITATIONS
WHEREAS, Chapter 1.20.090 of the City of Rosemead Municipal Code provides
for Preliminary Review of administrative citations upon timely request; and
WHEREAS, the City Council desires to expand the scope of preliminary reviews
of administrative citations;
NOW, THEREFORE, Chapter 1.20.090 of the Rosemead Municipal Code is
hereby amended to read as stated on Attachment A, attached hereto and by this
reference incorporated herein.
PASSED, APPROVED, AND ADOPTED BY THE ROSEMEAD CITY COUNCIL
THIS 13 DAY OF JANUARY, 2015.
!, azo. iw 4�
William Alarcon, Mayor
City of Rosemead, California
ATTEST:
4 1oria, Molleda, City Glerk
City of Rosemead, California:
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
1.20.090 - Preliminary Review.
A. A person issued an administrative citation may request a preliminary review, if the request
is made within fourteen (14) days of the date the citation is issued. A notice of
noncorrection of a building violation shall not be subject to a request for preliminary
review.
B. To obtain a review, the citee shall contact the City Manager's office within fourteen (14)
days of the date the citation was issued. The citee must present a copy of the citation and a
completed and signed written request stating the reasons for the preliminary review. All
requests shall be date stamped upon receipt.
C. The preliminary review shall be conducted by the City Manager or designee. The reviewer
shall not be the Enforcement Officer who issued the citation. The purpose of the review is
to uncover and cancel any mistakenly issued citations due to errors that are easily
verifiable, or to resolve factual disputes concerning the violation that is the subject of the
citation, or to present information as to the reasons that citation should not have been
issued, or other extenuating circumstances regarding the citee's ability to comply within
the indicated time frames.
D. The preliminary review shall consist of a review of the citation and the written request and
any other evidence submitted at the time of the request by the citee and, at the discretion of
the reviewer, any other related information. The City Manager or designee shall complete
the review of the matter within five working days of receipt of the request, or the citation
shall be cancelled.
E. The citee shall be notified of the results of the review by being given a written notice of
the decision by the City Manager or designee. The citee may also be given additional
notice by facsimile, text message, or email when practicable.
R If the reviewer concludes that no code violation occurred or that the citee was not
responsible for the violation, the citation shall be canceled.
G. The City Manager or designee shall also have the authority to extend any time periods for
compliance, including the fine due date. If no extensions are provided by the City
Manager, any time period for compliance including the fine due date, the time any
correction period ends, and the time to request an administrative hearing shall remain the
same.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD }
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 947 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 9th of December, 2014. Thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 13th of January, 2015
by the following vote to wit:
Yes:
Alarcon, Clark, Low, Ly
No:
None
Abstain:
None
Absent:
Armenta
Gloria Molleda
City Clerk
ORDINANCE NO. 946
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, EXTENDING THE
PROVISIONS OF ORDINANCE NO. 945 FOR 10 MONTHS AND
FIFTEEN DAYS TO CONTINUE THE MORATORIUM ON THE
ISSUANCE OF ANY NEW PERMIT, LICENSE, APPROVAL, OR
ENTITLEMENT PERTAINING TO NEW MASSAGE
ESTABLISHMENTS OR THE, RELOCATION OF MASSAGE
ESTABLISHMENTS FOR 10 MONTHS 15 DAYS.,
THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDAINS AS FOLLOWS:
SECTION 1. Findings
A. At a duly noticed public hearing on December 9, 2014, and after hearing and
considering public testimony, the City Council adopted Ordinance No. 945 (with
an effective date of January 1, 2015), an interim urgency ordinance establishing
a moratorium on the issuance of any permit, license, approval, or entitlement
pertaining to new massage establishments or the relocation of massage
establishments; and
B. Government Code Section 65858(a) authorizes the City Council to continue the
effect of Ordinance No. 945 for a period of 10 months and 15 days subject to
appropriate findings; and
C. The findings made in Ordinance No. 945 are hereby reaffirmed, readopted and
incorporated by reference as though they were fully restated herein; and
D. Consistent with the requirements of Government Code section 65858(d), the
City issued a written report, describing the measures being taken to alleviate the
conditions which led to the adoption of the initial moratorium extension and the
need for the extension of the moratorium.
E. It remains necessary for the City to continue to undertake the review of its current
massage regulations in order to determine how such regulations may need to be
revised in order to be consistent with state law while still providing
comprehensive regulations for the establishment, use and operation of
businesses offering massage services in the City, so that the public health, safety
and welfare remains protected; and
F. There remains a significant oversaturation of massage establishments, a number
of which have been found in violation of the law, which changes the character of
a neighborhood, causes blights and impacts quality of life and the local economy
by compromising public trust; and
G. The City Council finds that there continues to be a current and immediate threat
to the public health, safety, and welfare based on the above findings, and upon
that basis determines that there is a need to adopt a moratorium ordinance
prohibiting the creation of new massage establishments or relocation of massage
establishments is warranted.
SECTION 2.
City Council orders as
The
In accordance with the authority granted the City of Rosemead under
Government Code Section 65858(a), and pursuant to the findings stated herein,
Ordinance No. 945 is hereby extended and the moratorium on the issuance of any
permit, license, approval, or entitlement pertaining to new massage establishments or
relocation of massage establishments, as set forth fully in Ordinance No. 945, shall
remain in effect for an additional period of 10 months and 15 days.
SECTION 3. Legal Operational and Planning Study The Community
Development Department and the City Attorney's Office are directed to continue to
study and analyze issues related to the establishment, permitting, and operation of
massage establishments within the City, and the potential impacts of such facilities on
public health, safety and welfare of the community, the desirability of such facilities in
various zones, and the extent of regulatory controls, if any, to impose on such facilities.
SECTION 4. Environmental Review The City Council finds that this ordinance
is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly; rather it prevents changes in the environment
pending the completion of the contemplated municipal code review.
SECTION 5. 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 will not affect the validity
of the remaining portions of this ordinance. The City Council hereby declares that it
would have passed this ordinance 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 6. Effective Date and Duration This Ordinance is declared to be an
urgency ordinance by authority conferred on the City Council of the City of Rosemead
by Government Code Sections 36937 and 65858, and shall be in full force and effect
immediately upon its adoption by a four - fifths vote of the City Council
K
SECTION 7, Publication The Mayor shall sign and the City Clerk shall certify to
the passage and adoption of this Ordinance and shall cause the same to be published
and posted pursuant to the provisions of law in that regard and this Ordinance shall take
effect immediately and shall be in effect for a period of 10 months and 15 days.
PASSED, APPROVED, AND ADOPTED this �0 _ day of 'Fe �f.
2015.
William Alarcon, Mayor
City of Rosemead, California
ATTEST:
loria, Moileda, City Clerk
City of Rosemead, California
APPROVED AS TO FORM
Rache H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
Ordinance No. 946
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California do hereby certify that the
foregoing Urgency Ordinance No. 946 was duly and regularly approved and adopted by the
Rosemead City Council on the 14th of February 2015, by the following vote to wit:
Yes:
Alarcon, Armenta, Clark, Low, Ly
No:
None
Absent:
None
Abstain:
None
J oria Molleda \�
City Clerk
ORDINANCE NO. 945
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, ADOPTING A CITYWIDE
45- MORATORIUM ON THE ISSUANCE OF ANY NEW PERMIT,
LICENSE, APPROVAL, OR ENTITLEMENT PERTAINING TO
NEW MASSAGE ESTABLISHMENTS OR THE RELOCATION OF
MASSAGE ESTABLISHMENTS.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDAINS AS FOLLOWS:
SECTION 1. Findings
A. The City of Rosemead ( "City ") has adopted a General Plan, including strategies
to invigorate the City's Prosperous Community as well as its Well- Planned and
Designed Community; and
B. Protection of public health, safety and welfare is fully articulated in the General
Plan; and
C. State law requires that the City's zoning ordinance, found at Chapter 17 of the
Rosemead Municipal Code ( "RMC "), conform with the General Plan's goals and
policies; and
D. In 2008, Senate Bill 731 ( "SB 731 ") was adopted by the Legislature and signed
into law by the Governor; it became effective on January 1, 2009 and is to sunset
on January 1, 2015, SB 731, which enacted Section 4600 et seq. of the Business
and Professions Code, preempted many local controls relating to massage
therapy. Significantly, the law shifted local regulation of massage therapists and
practitioners to a newly created entity known as the California Massage Therapy
Council ( "CAMTC," formerly the Massage Therapy Organization). Certificates
issued by the CAMTC to qualified applicants entitle the holder to practice
massage therapy anywhere in the State, without the necessity of complying with
certain local rules; and
E. In 2011, Assembly Bill 619 ( "AB 619 ") and in 2012, Senate Bill 1238 ( "SB 1238 ")
amended various provisions of Business and Professions Code Section 4600 et
seq., further limiting the City's ability to regulate massage establishments; and
F. The state laws had the unintended consequence of resulting in a proliferation of
massage establishments throughout California, many of which were or are
believed to be fronts for prostitution and/or sex or human trafficking; and
G. in September 2014, the Governor signed Assembly Bill 1147, which returns to
local governments the authority to more strictly regulate massage
establishments. The new law, which becomes effective on January 1, 2015,
authorizes cities and counties to enforce their zoning requirements on massage
establishments, even if the same requirements do not apply to other professional
service providers; and
H. The City Council finds that current state law, with its significant limits on local
land use control of massage, has resulted in an alarming increase in the number
of massage establishments in the City; and
1. The City Council finds that in 2008, the City had 1 massage establishment and
currently has 13 such establishments; and
J. The City Council finds that 7 of these businesses, or 54% of all massage
establishments, lie along Valley Boulevard, one of the City's primary commercial
corridors; and
K. The City Council finds that city staff regularly receives complaints of suspect illicit
activity occurring at massage establishments. Massage establishments therefore
require a higher level of scrutiny and enforcement than other businesses in order
to ensure compliance with local and state laws; and
L. The City Council finds that a number of local massage establishments are
advertised or reviewed online in the adult entertainment section of
backpage.com, rubmaps.com and mpreviews.com, strongly suggesting illicit
activity; and
M. The City Council finds that since 2012, the City has initiated action, whether
criminally or through the administrative citation process, against massage
establishment owners or operators; and
N. Though state law requires cities to treat massage the same as other professional
services, such as medical, dental, and law offices, massage businesses do not
conduct themselves like other professional service businesses, despite
certification by the CAMTC of their employees; and
0. The City Council finds that the oversaturation of massage establishments, a
number of which have been found in violation of the law, changes the character
of a neighborhood, causes blights and impacts quality of life and the local
economy by compromising public trust; and
P. The City Council further finds that with the passage of AB 1147, certain
provisions of the current massage ordinance, found at in Chapter 5.24 of the
RMC, may conflict with the new state law. As a result of the January 1, 2015
effective date of AB 1147, it is urgent that the City undertake a review of its
current massage regulations in order to determine how such regulations may
need to be revised in order to be consistent with state law while still providing
comprehensive regulations for the establishment, use and operation of
businesses offering massage services in the City, so that the public health, safety
and welfare remain protected; and
Ordinance 897 was adopted on May 11, 2010, imposing a moratorium on
massage establishments in order to allow staff to study the preemptive effect of
SB 731 and appropriately update the local ordinance. Section 65858(f) of the
California Government Code allows for additional moratoria relating to the same
matter provided that the new moratorium relates to an event, occurrence, or set
of circumstances different from the event, occurrence, or set of circumstances
that led to the adoption of the prior moratorium. A different event, occurrence, or
set of circumstances is present here. Since 2012, the explosive growth in the
number of establishments has resulted in a significant strain on City resources,
and the new state law, AS 1147, giving the city tools to more effectively deal with
negative associated impacts needs to be studied and explored.
SECTION 2. Moratorium on Massage Establishments The City Council
orders as follows:
A. The findings and determinations in Section 1 are true and correct.
B. Based on the foregoing, the City Council finds and declares there is a
current and immediate threat to the public health, safety or welfare and upon that basis
has determined that an urgency ordinance pursuant to Government Code Section
65858 is warranted and shall take effect immediately upon adoption by a four - fifths
(4 15ths) vote of the City Council.
C. For a period of 45 days from the date of January 1, 2015, no permits,
licenses, approvals, or entitlements may be issued for new massage establishments or
the relocation of massage establishments as such terms are defined in RMC Chapter
5.24. In addition, no existing massage establishment may be expanded, whether by
means of additional space, construction of new facility, or by reconfiguration.
D. For purposes of this ordinance, "massage business or establishment"
shall have the same meaning as in Chapter 5.24 of the RMC.
E. City staff is directed to study appropriate modifications to the City's
massage and zoning ordinances to reduce and/or mitigate negative secondary effects
created by the number, location and illicit uses of massage establishments. Pending
the completion of such studies and the adoption of an ordinance to establish
appropriate operational and zoning regulations, it is necessary for the immediate
preservation of the public health, safety and welfare that this ordinance takes effect
immediately. In the absence of immediate effectiveness, massage establishment uses
in the City may be in conflict with regulations or requirements established with respect
thereto.
F. For the pendency of this moratorium, all sections of Chapter 5.24 of the
RMC, which relate to the operating requirements for massage establishments and
massage professionals, shall remain in full force and effect with respect to existing
massage businesses.
G. This ordinance shall not preclude the continued operation of any lawfully
existing massage establishment uses which are not seeking to expand, convert,
relocate or otherwise change their use, or the opening or commencement of any
massage establishment uses as a new business for which all discretionary and
nondiscretionary approvals have been made prior to the effective date of this ordinance.
SECTION 3. Legal Operational and Planning Study The Community
Development Department and the City Attorney's Office are directed to study and
analyze issues related to the establishment, permitting, and operation of massage
establishments within the City, and the potential impacts of such facilities on public
health, safety and welfare of the community, the desirability of such facilities in various
zones, and the extent of regulatory controls, if any, to impose on such facilities.
SECTION 4. Environmental Review The City Council finds that this ordinance
is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section. 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly; rather it prevents changes in the environment
pending the completion of the contemplated municipal code review.
SECTION 5. 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 will not affect the validity
of the remaining portions of this ordinance. The City Council hereby declares that it
would have passed this ordinance 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 6. Effective Date and Duration This ordinance is an urgency
ordinance enacted under California Government Code section 65858(a). This urgency
ordinance is effective January 1, 2015 (with the sunset of SB 731 and effective date of
AB 1147) and will extend for a period of 45 days from this date at which time it will
automatically expire unless extended by the City Council in accordance with California
Government Code section 65858.
SECTION 7. Publication The City Clerk is directed to cause this ordinance to
be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this 9t day of December 2014.
Bill Alarcon: Mayor
City of Rosemead, California
ATTEST:
i n LN Q t&J'471
t � o s Molleda, City Clerk
City of Rosemead, California
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California do hereby certify that the
foregoing Urgency Ordinance No. 945 was duly and regularly approved and adopted by the
Rosemead City Council on the 9 of December 2014, by the following vote to wit:
Yes:
Alarcon, Armenta, Clark, Low, Ly
No:
None
Absent:
None
Abstain:
None
((1.i o� i � rs -_'ll ac&—
Gloria Molloda
City Clerk
ORDINANCE NO. 944
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, AMENDING TITLE 17
"ZONING" OF THE CITY'S MUNICIPAL CODE BY
AMENDING CHAPTER 17.54 FOR THE PURPOSE OF
COMPLIANCE WITH FEDERALLY MANDATED
CHANGES TO PROCEDURES AND STANDARDS
GOVERNING THE COLLOCATION OF WIRELESS
TELECOMMUNICATION FACILITIES
WHEREAS, Chapter 17.152 of the Rosemead Municipal Code authorizes the
Planning Commission to consider and recommend proposed municipal code
amendments to the City Council; and
WHEREAS, the City of Rosemead has adopted the General Plan and Zoning
Ordinance, and map, including specific development standards, to control development,
and
WHEREAS, Municipal Code Amendment 14 -01 adopts newly established Federal
Communication Commission ("FCC") regulations for the collocation of Wireless
Telecommunication Facilities, and
WHEREAS, the City Council has sufficiently considered all testimony presented
to them in order to make the following determination.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: Compliance with CEQA The Planning Commission HEREBY
DETERMINES that the proposed amendment does not authorize any changes to the
environment and will have no impacts to properties in the City or their surrounding
environment. This Ordinance is not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION 2: Findings. The City Council HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Municipal Code Amendment 14 -01 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: The proposed Municipal Code Amendment adopts newly established
FCC regulations for the collocation of wireless telecommunication facilities in the City of
Rosemead. Wireless telecommunication facilities are allowed by the current General
Plan and Zoning Code. Adopting Municipal Code Amendment 14 -01 maintains the
current consistency with the General Plan and between the General Plan and Zoning
Code.
B. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City; and
FINDING. Municipal Code Amendment 14 -01 will promote public health, safety,
and general welfare and serve the goals and purposes of Title 17 by clarifying and
confirming with Federal and State law. The amendment does not authorize any
changes to the environment and will have no impacts to properties in the City or their
surrounding environment.
C. The proposed amendment is internally consistent with other applicable provisions of
the Zoning Code.
FINDING: The proposed Municipal Code Amendment adopts newly established
FCC regulations for the collocation of wireless telecommunication facilities in the City of
Rosemead. Wireless telecommunication facilities are allowed by the current General
Plan and Zoning Code. Adopting Municipal Code Amendment 14 -01 maintains the
current consistency with all other provisions of the Zoning Code.
SECTION 3: Amendment to Title 17 . An amendment of Chapter 17.54 to Title
17 of the Rosemead Municipal Code entitled "Wireless Telecommunication Facilities ",
as shown in Exhibit "A" attached hereto is here by adopted.
SECTION 4: SeverabflitV The City Council hereby declares that, should any
provision, section, subsection, paragraph, sentence, clause, phrase, or word of this
Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any
final court action in a court of competent jurisdiction or by reason of any preemptive
legislation, such decision or action shall not affect the validity of the remaining section or
portions of the Ordinance or part thereof. The City Council hereby declares that it would
have independently adopted the remaining provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any
one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases,
or words may be declared invalid or unconstitutional.
SECTION 5: Effective Date, This Ordinance shall take effect thirty (30) days after
its adoption.
SECTION 6: Publication. 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.
PASSED, APPROVED, AND ADOPTED this 13 day of January, 2016.
J({' /V "
Bill Alarcon, Mayor
City of Rosemead, California
ATTEST:
Gloria, Molleda, Gity Clerk
City of Rosemead, California:
APPROVED AS ORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OFROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 944 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 9th of December, 2014. Thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 13th of January, 2015
by the following vote to wit:
Yes:
Alarcon, Clark, Low, Ly
No:
None
Abstain:
None
Absent:
Armenta
Gloria Molleda
City Clerk
ORDINANCE NO. 943
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ROSEMEAD
AMENDING SECTION 10.24.060 AND RENUMBERING SECTIONS OF
CHAPTER 10.24 OF THE ROSEMEAD MUNICIPAL CODE
REGARDING REGULATIONS FOR THE OPERATION AND PARKING
OF PRIVATE BUSES
WHEREAS, on June 10, 2014, the City Council adopted Ordinance No. 941
adding Chapter 10.24 to the Rosemead Municipal Cade; and
WHEREAS, Chapter 10.24 was adopted to address safety, parking and general
public welfare concerns associated with private buses picking up and dropping off
passengers in the City of Rosemead; and
WHEREAS, since the implementation of Chapter 10.24 on July 10, 2014, the City
has found success in addressing the concerns that the City Council desired to address,
but has also found that some local businesses have been harmed by Chapter 10.24;
and
WHEREAS, at the City Council meeting of September 9, 2014, after hearing from
the public on Chapter 10.24 and discussing the matter, the City Council desires to
amend Chapter 10.24 in order to minimize some`of its unintended consequences, while
preserving the positive results of the current regulations; and
WHEREAS, the section numbers on two subsections of Chapter 10.24 need to
be renumbered to correct the typographical error; and
WHEREAS, California Vehicle Code Section 21112 authorizes cities to regulate
the location of stands on streets for use by public vehicles for hire; and
WHEREAS, California Vehicle Code Section 22507 (a) authorizes cities to restrict
the stopping or standing of vehicles on certain streets, or portions of streets; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
ORDAIN AS FOLLOWS:
Section 1 . The City Council of the City of Rosemead hereby amends Section 10.24.060
of Chapter 10.24 to the City of Rosemead Municipal Code adding the language shown
in italics to read as follows:
10.24.060 Operation of Private Buses on Public Streets
A. Private buses shall only be operated on public streets for ingress to, egress
from, and traveling through the City.
B. Private buses shall be prohibited from stopping or standing adjacent to curbs
or any other part of the public right -of -way within the City for any purpose
including loading and unloading passengers with the following exceptions:
a. Emergencies.
b. For the purpose of loading and unloading passengers at hotels and
motels where bus passengers are registered guests.
c. Transporting passengers to and from specific cultural or entertainment
events with the City.
d. Loading and unloading passengers during the limited hours of 5:00
p.m. to 10:00 p.m. provided that the names of all bus passengers are
on a travel itinerary and passenger roster which must be in the
possession of the private bus driver for that current day and time. In
no event may the bus pick up additional passengers in the City of
Rosemead City law enforcement personnel are authorized to request
from the private bus driver the required travel itinerary and passenger
roster to ensure compliance with this exception.
C. The regulations imposed by this section shall not be effective until such time
as signs giving notice of such restrictions are conspicuously posted on streets
at the entrances to the City.
D. Private bus operators violating this section shall be subject to a fine as set
forth in the City of Rosemead Comprehensive Fee Schedule as adopted by
the City Council, and amended from time to time by resolution."
Section 2. The City Council of the City of Rosemead hereby amends Chapter 10.24 to
the City of Rosemead Municipal Code renumbering sections 10.24.060 License and
10.24.070 Signage to 10.24.070 and 10.24.080 as follows:
10.24.070 License.
All private bus operators who load and unload passengers in the City shall have a
business license issued by the City in accordance with chapter 5.04 of this code.
10.24.080 Signage.
The public works director is authorized to post conspicuous signs giving notice of the
restrictions on using public streets by private buses."
Section 3. 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 this
Ordinance 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 4. This Ordinance will take effect 30 days after its adoption.
Section 5. The City Clerk is directed to certify as to the adoption of this Ordinance and
cause this Ordinance to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED BY THE ROSEMEAD CITY COUNCIL THIS
14" DAY OF OCTOBER, 2014.
WILLIAM ALARCON
MAYOR
CITY OF ROSEMEAD
ATTEST:
LORIA MOLLEDA
CITY CLERK
CITY OF ROSEMEAD
CITY ATTORNEY
CITY OF ROSEMEAD
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 943 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 23rd of September, 2014. Thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 14th of October, 2014
by the following vote to wit:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
Iona Molleda
City Clerk
ORDINANCE NO. 942
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING ZONE CHANGE 12 -02 CHANGING THE ZONING
CLASSIFICATION OF SIX PARCELS FROM C -3 (MEDIUM
COMMERCIAL) AND THE SINGLE - FAMILY RESIDENCE AT THE
NORTHEAST CORNER OF THE SITE R -2 (LIGHT MULTIPLE
RESIDENTIAL) TO C -3 MUDO -D (MEDIUM COMMERCIAL WITH A
RESIDENTIALICOMMERCIAL MIXED USE DEVELOPMENT OVERLAY
AND DESIGN OVERLAY). THE SUBJECT SITE IS LOCATED AT 7801-
7825 GARVEY AVENUE, 3012 DEL MAR AVENUE, AND 3017
BRIGHTON STREET (APN's: 5287 - 039 -001, 002, 003, 004, 005, 011).
WHEREAS, the City of Rosemead has an adopted Zoning Ordinance and
associated maps, including specific development standards to control development; and
WHEREAS, approval of Zone Change 12 -02 will change the zoning of six (6)
parcels from C -3 Medium Commercial and the single - family residence at the northeast
corner of the site R -2 Light Multiple Residential to C -3 Medium Commercial and add a
Residential /Commercial Mixed -Use Development Overlay (RCMUDO) and Design
Overlay; and
WHEREAS, State Planning and Zoning Law, Title 17, and Chapter 17.116 of the
Rosemead Municipal Code authorizes and sets standards for approval of Zone Change
applications and governs development of private properties; and
WHEREAS, Section 17.116.010 of the City of Rosemead Municipal Code
authorizes the City Council to approve zone change applications whenever the public
necessity, convenience, general welfare or good zoning practices justify such action;
and
WHEREAS, City of Rosemead policy encourages consistency of its Zoning Code
with the General Plan and promotes separation of conflicting land uses through good
planning practices; and
WHEREAS, on December 15, 2014, the City of Rosemead Planning Commission
considered Zone Change 12 -02 and recommended approval to the City Council after
the Commission made findings that the proposed application will not have a significant
impact on the environment; and
WHEREAS, on December 15, 2014, the Planning Commission held a public
hearing to receive testimony, and after hearing all testimonies from the public, the
Commission recommended approval to the City Council of Zone Change 12 -02; and
1
WHEREAS, on December 15, 2014, the Planning Commission adopted
Resolution 14 -10, thereby recommending approval to the City Council of Zone Change
12 -01; and
WHEREAS, on April 16, 2015, thirty -nine (39) notices were sent to property
owners within a Goo -feet radius from the subject property, in addition to notices posted
in five (5) public locations, on -site, and published in the Rosemead Reader, specifying
the availability of the application, plus the date, time and location of the public hearing
pursuant to California Government Code Section 65091(a)(3); and
WHEREAS, on April 28, 2015, the City Council held a public hearing to receive
public testimony relative to Zone Change 12 -02; and
WHEREAS, the City Council has sufficiently considered all testimony presented
to them and hereby make the following determination:
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Rosemead as follows:
SECTION 1 . The City Council hereby makes a finding of adequacy with the
Mitigated Negative Declaration and HEREBY ADOPTS the Mitigated Negative
Declaration, as the environmental clearance for Zone Change 12 -02.
SECTION 2. The City Council HEREBY FINDS AND DETERMINES that Zone
Change 12 -02 is consistent with the Rosemead General Plan as follows:
A. Land Use: The General Plan Land Use Designation of the subject site is
currently Commercial and Medium Density Residential. However, with implementation
of the zone change, which proposes a Mixed -Use: High Density Residential/Commercial
Land Use Designation with a maximum density of 60 dwelling units per acre and
maximum floor -area ratio of 2.0:1. The project site area consists of 1.14 acres. With a
total of 60 residential dwelling units and 1.61 acres of total floor area, the project is
consist with the Land Use Element of the General Plan.
B. Circulation: The proposed project will result in an increase in vehicle trips
from the proposed residential and commercial land uses of the mixed -use project. With
the incorporation of mitigation measures, this increase will not result in significant
environmental impacts upon the Level of Service of surrounding street intersections and
project entry driveways, and will not adversely affect surrounding properties. The
proposed project will provide adequate off - street parking, including two levels of
subterranean parking and one level of surface parking, to serve the parking needs of
future residents and patrons and minimize traffic - related impacts upon the
neighborhood.
C. Housing: The proposed project is consistent with the City of Rosemead
Housing Element, which seeks to provide a variety of housing types for the various
demographics of the community. The proposed development will provide 60 new
residential dwelling units, including 9 designated low- income rental units.
D. Resource Management: The proposed development is located in a
developed urban area, and as such, will not result in any significant impact upon natural
resources. With the incorporation of mitigation measures, such as building setback and
landscaping, the proposed building will have a less than significant impact upon the
aesthetics from adjoining properties.
E. Noise: This development will not generate any significant permanent
impacts to the noise levels of the surrounding area. The proposed project will result in
additional pedestrian and vehicular traffic noises, but is not considered to be substantial.
There will be a temporary increase in ambient noise levels above the existing levels due
to the presence of heavy equipment and trade personnel during construction activities.
All construction work will be required to comply with the defined timeframe and City's
Noise Ordinance. All mechanical equipment will be designed to minimize noise impacts
on adjoining properties.
F. Public Safety: The proposed development will allow the construction of
residential and commercial uses in a developed urbanized area where there are no
known public safety concerns. The site is not located in a seismic safety zone, and the
entire City of Rosemead is located in Flood Zone C (flood insurance is not mandatory)
and is free from any flood hazard designations. The project will be designed to meet the
latest Building Code and Fire Code to maximized public safety of the site.
SECTION 3 . The City Council hereby AMENDS the City's Zoning Map to change
the zoning of six (6) parcels from C -3 Medium Commercial and the single - family
residence at the northeast corner of the site R -2 light Multiple Residential to C -3
Medium Commercial and add a Residential/Commercial Mixed -Use Development
Overlay (RCMUDO) and Design Overlay.
SECTION 4. The Zoning Map as a part of Title 17 of the Rosemead Municipal
Code is HEREBY AMENDED to read as read as incorporated by this reference as
Exhibit A:
SECTION 5 . 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. 942 and each and all provisions thereof, irrespective of the fact
that any one or more of said provisions may be declared to be invalid.
9
SECTION 6 . The City Clerk shall certify to the passage of this Ordinance.
PASSED AND APPROVED, this 12th day of May, 2015.
64
Margaret Clark, Mayor
City of Rosemead, California
ATTEST:
oria MollWC Clerk
City of Rosemead, California
APPROVED AS TO FORM:
I hel Richman, City Attorney
Burke, Williams & Sorensen, LLP
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } SS.
CITY OF ROSEMEAD )
1, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No, 942 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 28th of April, 2015. There after said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 12th of May, 2015 by the
following vote to wit:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA
APPROVING ZONE CHANGE 12 -02
CHANGING THE ZONING CLASSIFICATION
OF SIX PARCELS FROM C -3 (MEDIUM
COMMERCIAL) AND THE SINGLE - FAMILY
RESIDENCE AT THE NORTHEAST CORNER
OF THE SITE R -2 (LIGHT MULTIPLE
RESIDENTIAL) TO C -3 MUDO -D (MEDIUM
COMMERCIAL WITH A RESIDENTIAL/
COMMERCIAL MIXED USE DEVELOPMENT
OVERLAP AND DESIGN OVERLAY). THE
SUBJECT SITE IS LOCATED AT 7801.7825
GARVEY AVENUE, 3012 DEL MAR AVENUE,
AND 3017 BRIGHTON STREET (APN's: 5287-
039. 001,002,003,004,005,011)
Yes:
Alarcon, Armenta, Clark, Low, Ly
No:
None
Abstain:
None
Absent:
None
'\� I � � � 0,
lorla Molleda
City Clerk
ORDINANCE NO. 941
AN ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD
AMENDING CHAPTER 10 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO
REGULATIONS FOR THE OPERATION AND PARKING OF PRIVATE BUSES
WHEREAS, buses, as defined by California Vehicle Code Section 233, carrying
passengers for consideration or compensation and subject to license for such use by the Public
Utilities Code have been observed stopping or parking in the City of Rosemead (City) on public
streets to load, unload or wait for passengers; and
WHEREAS, operators of private buses have from time to time been observed parking in
a manner that obstructs access to and from businesses, occupying multiple on- street parking
spaces or public transit bus zones, impairing sight distance for other motorists and pedestrians,
and idling engines for significant periods of time; and
WHEREAS, the operation of private buses in this manner creates unnecessary traffic
congestion, impairs traffic safety, creates noise and air pollution, and otherwise negatively
impacts the welfare of nearby businesses and residences; and
WHEREAS, the City now desires to regulate the parking of private buses in order to
promote the health, safety, and welfare of its residents and visitors to the City; and
WHEREAS, the City's Traffic Commission completed two (2) public review meetings on
December 5, 2013 and April 3, 2014 to discuss the operation of private buses and
recommendations to help improve traffic safety relative to private bus operations; and
WHEREAS, California Vehicle Code Section 21112 authorizes cities to regulate the
location of stands on streets for use by public vehicles for hire; and
WHEREAS, California Vehicle Code Section 22507(a) authorizes cities to restrict the
stopping or standing of vehicles on certain streets, or portions of streets; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Rosemead hereby adds new Chapter 10.24 to
the City of Rosemead Municipal Code to read as follows:
Chapter 10.24 — REGULATIONS FOR THE OPERATION AND PARKING OF PRIVATE
BUSES
10.24. 010 Definitions
10.24.020 Parking in Off - Street Private Parking Facilities
10.24.030 Parking and Operating Vehicles on Private Property
12.24.040 Permission to Load and Unload
12.24.050 Public Transit Bus Zones
12.24.060 Operation of Private Buses on Public Streets
12.24,070 License
12.24.080 Signage
10.24.010 Definitions
As used in this chapter:
"Curb" means the lateral boundary of the roadway, whether such curb shall be
constructed with curbing or be edge of pavement if not constructed with curbing.
"Loading Zone" means the space adjacent to a curb reserved for the exclusive
use of vehicles during the loading or unloading of passengers or materials.
"Park" means to stand or leave standing any vehicle, whether occupied or not,
other than temporarily for the purpose of and while actually engaged in loading or
unloading of passengers or materials.
"Passenger Loading Zone" means the space adjacent to a curb reserved for the
exclusive use of vehicles during the loading or unloading of passengers.
"Pedestrian" means any person afoot.
"Private Bus" means any bus, as defined by in the California Vehicle Code, used
or maintained by or for a charter party carrier of passengers for compensation or profit,
a passenger stage corporation, or any highway carrier of passengers required to
register with the California Public Utilities Commission.
"Public Transit Bus" means any bus owned or operated by a publicly owned or
operated transit system, or operated under contract with a publicly with a publicly owned
or operated transit system, and used to provide to the general public, regularly
scheduled transportation for which a fare is charged.
"Stop or Stand" means any stopping or standing of a vehicle, whether occupied
or not, except when necessary to avoid conflict with other traffic or in compliance with
the directions of a police officer or official traffic control device.
"Vehicle Code" means the California Vehicle Code.
10.24.020 Parking in Off- Street Private Parking Facilities
When an appropriate sign is in place on any off - street private parking facility
giving notice that such property is private property and limited to use as vehicle parking
for customers, patients, clients, or other patrons of such named owner, it shall be
unlawful for any person other than a customer, patient, client or patron of such owner to
park a vehicle in the off - street private parking facility.
10.24.030 Parking and Operating Vehicles on Private Property
A. No person shall operate or drive or leave any vehicle in, over or upon any
private property without the express or implied permission of the owner
thereof, or the person entitled to the possession thereof, for the time being, or
the authorized agent of either, except that the provisions of this section shall
not apply to private parking lots.
B. Operators of private buses using private property to park, load or unload
passengers shall first obtain a City business license in accordance with
Chapter 5.04 of this code, and provide documentation to the City that the
owner and tenants thereof approve of such use of the property.
10.24.040 Permission to Load or Unload
A. Permission granted by the provisions of this chapter to stop or stand a vehicle
for purposes of loading or unloading materials shall apply only to commercial
vehicles, except private buses, and shall not extend beyond the time
necessary therefore, and in no event for more than twenty minutes.
B. The loading or unloading of materials shall apply only to commercial
deliveries and to the delivery or pickup of express and parcel post packages
and United States mail.
C. Permission granted by the provisions of the chapter to stop or park for
purposes of loading or unloading of personal baggage but shall not extend
beyond the time necessary therefor, and in no event for more than three
minutes.
D. Within the total time limits specified by the provisions of this section, the
provisions of this section shalt be enforced so as to accommodate necessary
and reasonable loading or unloading but without permitting abuse of the
privileges granted by the provisions of this section.
E. Private buses are expressly prohibited from stopping, standing, parking,
loading, or unloading passengers on all public streets or rights -of -way except
when necessary to avoid conflict with other traffic or in compliance with the
directions of a police officer or official traffic control device or as otherwise
excepted in this code.
10.24.050 Public Transit Bus Zones
A. The Public Works Director is hereby authorized to establish bus zones
adjacent to curb space for the loading and unloading of public transit buses
and to determine the location thereof.
i
B. Public Transit Bus zones shall normally be established on the far side of an
intersection.
10.24,060 Operation of Private Buses on Public Streets
A. Private buses shall only be operated on public streets for ingress to, egress
from, and traveling through the City.
B. Private buses shall be prohibited from stopping or standing adjacent to curbs
or any other part of the public right -of -way within the City for any purpose
including loading and unloading passengers with the following exceptions:
a. Emergencies.
b. For the purpose of loading and unloading passengers at hotels and
motels where bus passengers are registered guests.
c. Transporting passengers to and from specific cultural or entertainment
events with the City.
C. The regulations imposed by this section shall not be effective until such time
as signs giving notice of such restrictions are conspicuously posted on streets
at the entrances to the City.
D. Private bus operators violating this section shall be subject to a fine as set
forth in the City of Rosemead Comprehensive Fee Schedule as adopted by
the City Council, and amended from time to time by resolution.
Section10.24.060 License
All Private Bus operators who load and unload passengers in the City shall have
a business license issued by the City in accordance with Chapter 5.04 of this code.
Section 10.24.070 Signage
The Public Works Director is authorized to post conspicuous signs giving notice
of the restrictions on using public streets by private buses.
PASSED, APPROVED, AND ADOPTED BY THE ROSEMEAD CITY COUNCIL THIS
10 DAY OF JUNE, 2014.
William Alarcon
Mayor
ATTEST:
at' a c t
Gloria Molleda, City Clerk
APPROVE AS TO F RM:
Rachel Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing
Ordinance No. 941 being:
AN ORDINANCE OF THE CITY COUNCIL OF
ROSEMEAD AMENDING CHAPTER 10 OF THE
ROSEMEAD MUNCIPAL CODE RELATING TO
REGULATIONS FOR THE OPERATION AND
PARKING OF PRIVATE BUSES
was duly and regularly approved and adopted by the Rosemead City Council on the 10th of June,
2014, by the following vote to wit:
Yes,Armenta, Clark, Hall, Low,
No: None
Abstain: None
Absent: Alarcon
to �
%— Gloria Molleda
City Clerk
ORDINANCE NO. 940
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION
50022.2, THE CALIFORNIA BUILDING STANDARDS FIRE CODE (TITLE 32 LOS
ANGELES COUNTY FIRE CODE AND ADOPTING LOCAL AMENDMENTS
THERETO.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDIAN AS
FOLLOWS:
Section 1 . Section 8.24.010 of the Rosemead Municipal Code is hereby amended to read
as follows:
8.24.010 California Fire Code as amended by Los Angeles County Fire Code adopted.
(A) The 2013 California Fire Code as amended by Title 32 Los Angeles County Building
Code (adopted March 25, 2014 by the Los Angeles County Board of Supervisors), together with
their appendices, prescribing regulations generally governing conditions hazardous to life and
property from fire, hazardous materials or explosions, and provide for penalties for violations
thereto, are hereby adopted by reference, and conflicting ordinances are hereby repealed.
(B) All of the regulations, provisions, conditions, and terms of said codes, together with their
appendices, one copy of which will be on file and accessible to the public for inspection atthe City
Clerk's office, are hereby referred to, adupted and rnadte pail ui ihis uiapiei as if fuhy set furfh ill
this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this
subchapter.
Section 2 , Section 8.24.040 of the Rosemead Municipal Code is hereby amended to read
as follows:
8.24.040 Violations — Penalties.
Every person violating any provision of the 2013 California Fire Code as amended by Title 32
Los Angeles County Fire Code and appendices, adopted by reference by Section 8.24.010, or of
any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto,
is guilty of a misdemeanor. Upon conviction thereof he or she shall be punishable by a fine not to
exceed one thousand dollars or imprisonment not to exceed six months, or by both such fine and
imprisonment. The imposition of such penalty for any violation shall not excuse the violation or
permit it to continue. Each day that a violation occurs shall constitute a separate offense.
Section 3. The City Council hereby makes each finding of reasonable necessity for
modifications as stated separately for each such modification as identified in Los Angeles County
Title 32. These modifications to the California Building Standards Fire Code are reasonably
necessary due to the local climate, characterized by. hot, dry summers and the high potential for
seismic activity, which make structures particularly vulnerable to rapidly spreading fires and
structural damage.
Section 4 . Severability. Should any section, subsection, clause, or provision of this
Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this
Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection,
sentence, clause, and phrase hereof would have been prepared, proposed, approved, and ratified
irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases
be declared invalid or unconstitutional,
Section S. This Ordinance has been determined to be exempt from the California
Environmental Quality Act pursuant to State Guidelines 15061(b)(3) as a project that has no
potential for causing a significant effect on the environment.
Section 6. The City Clerk shall certify to the adoption of this Ordinance.
2
Section 7. The City Clerk shall file a certified copy of this Ordinance with the California
Building Standards Commission.
PASSED, APPROVED, AND ADOPTED this 13 day of 'stn 2014.
William Alarcon, Mayor
City of Rosemead, California
ATTEST:
l City Clerk
City of Rosemead, California:
APPROVED AS TO FORM
ache! H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 940 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 22rd of April, 2014. There after said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 13th of May, 2014 by the
following vote to wit:
Yes:
Alarcon, Armenta, Clar, Low,
No:
None
Abstain:
None
Absent:
Hall
Gloria Molleda
City Clerk
ORDINANCE NO. 939
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION
50022.2, THE CALIFORNIA BUILDING STANDARDS CODE (TITLE 26 LOS
ANGELES COUNTY BUILDING CODE), THE CALIFORNIA ELECTRICAL CODE
(TITLE 27 LOS ANGELES COUNTY ELECTRICAL CODE), THE CALIFORNIA
PLUMBING CODE (TITLE 28 LOS ANGELES COUNTY PLUMBING CODE), THE
CALIFORNIA MECHANICAL CODE (TITLE 29 LOS ANGELES COUNTY
MECHANICAL CODE), THE CALIFORNIA RESIDENTIAL CODE (TITLE 30 LOS
ANGELES COUNTY RESIDENTIAL CODE), THE CALIFORNIA GREEN BUILDING
CODE (TITLE 31 LOS ANGELES COUNTY GREEN BUILDING STANDARDS
CODE), AND ADOPTING LOCAL AMENDMENTS THERETO
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDIAN AS
FOLLOWS:
Section 1. Section 15.04.010 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.04:010 California Building Code as amended by Los Angeles County Building Code
adopted.
A. The 2013 California Building Code as amended by Title 26 Los Angeles County
Building Code (adopted November 25, 2013, by the Los Angeles County Board of Supervisors),
together with their appendices, which regulate the erection, construction, enlargement, alteration,
repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security,
abatement, and maintenance of buildings or structures within the City, provide for the issuance of
permits and collection of fees therefor, and provide for penalties for violations thereto, are hereby
adopted by reference, and conflicting ordinances are hereby repealed.
1
B. All of the regulations, provisions, conditions, and terms of said codes, together with
their appendices, one copy of which will be on file and accessible to the public for inspection at the
City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully set forth
in this chapter with the exceptions, deletions, additions, and amendments thereto as setforth in this
subchapter.
SeCUCM 2. Section 15.04.020 of the Rosemead Municipal Code is hereby amended by the
adding the following definition:
Rehabilitation Appeals Board per section 99.06 shall mean the City Council of the City of
Rosemead.
Section 3. Section 15.04.060 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.04.060 Violations — Penalties.
Every person violating any provision of the 2013 California Building Code as amended by
Title 26 Los Angeles County Building Code and appendices, adopted by reference by Section
15.04.010, or of any permit or license granted thereunder, or any rules or regulations promulgated
pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be
punishable by a fine notto exceed one thousand dollars or imprisonment notto exceed six Months,
or by both such fine and imprisonment. The imposition of such penalty for any violation shall not
excuse the violation or permit it to continue, Each day that a violation occurs shall constitute a
separate offense.
Section 4. Section 15.08.010 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.08.010 California Electrical Code as amended by Los Angeles County Electrical Code
adopted,
2
A. The 2013 California Electrical Code as amended by Title 27 Los Angeles County
Electrical Code (adopted November 26, 2013, by the Los Angeles County Board of Supervisors),
which provides minimum requirements and standards for the protection of the public health, safety
and welfare by regulating the installation or alteration of electrical wiring, equipment, materials, and
workmanship in the City, provides for the issuance of permits and collection of fees therefor and
provides penalties for violations thereof, with all changes and amendments thereto, is hereby
adopted by reference, and all conflicting ordinances are hereby repealed_
B. All of the regulations, provisions, conditions, and terms of said codes, together with
their appendices, one copy of which will be on file and accessible to the public for inspection at the
City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully set forth
in this chapterwith the exceptions, deletions, additions, and amendments thereto as set forth in this
subchapter.
Section 5. Section 15.08.040 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.08.040 Violations - Penalties
Every person violating any provision of the 2013 California Electrical Code as amended by
Title 27 Los Angeles County Electrical Code and appendices, adopted by reference by Section
15.08.010, or of any permit or license granted thereunder, or any rules or regulations promulgated
pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be
punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed six months,
or by both such fine and imprisonment. The imposition of such penalty for any violation shall not
excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a
separate offense-
Section 6. Section 15.12.010 of the Rosemead Municipal Code is hereby amended to
read as follows:
3
15.12.010 California Plumbing Code as amended by Los Angeles County Plumbing Code
adopted.
A. The 2013 California Plumbing Code as amended by Title 28 Los Angeles County
Plumbing Code (adopted November 26, 2013, by the Los Angeles County Board of Supervisors),
which provide minimum requirements and standards for the protection of the public health, safety
and welfare by regulating the installation or alteration of plumbing and drainage, materials, venting,
wastes, traps, interceptors, water systems, sewers, gas piping, water heaters and other related
products, and workmanship in the City, provides for the issuance of permits and collection of fees
therefor and provides for penalties the violations thereof, with certain changes and amendments
thereto, is hereby adopted by reference, and all conflicting ordinances are hereby
B. All of the regulations, provisions, conditions, and terms of said codes, together with
their appendices, one copy of which will be on file and accessible to the public for inspection at the
City ClerKs office, are hereby referred to, adopted and made part of this chapter as if fully set forth
in this chapter with the exceptions, deletions, additions, and amendments thereto as setforth in this
subchapter.
Section 7. Section 15.12.040 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.12.040 Violations - Penalties
Every person violating any provision of the 2013 California Plumbing Code as amended by
Title 28 Los Angeles County Plumbing Code and appendices, adopted by reference by Section
15.12.010, or of any permit or license granted thereunder, or any rules or regulations promulgated
pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be
punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed six months,
or by both such fine and imprisonment. The imposition of such penalty for any violation shall not
excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a
separate offense.
El
Section 8. Section 15.16.010 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.16.010 California Mechanical Code as amended by Los Angeles County Mechanical
Code adopted.
A. The 2013 California Mechanical Code as amended by Title 29 Los Angeles County
Mechanical Code (adopted November 26, 2013, by the Los Angeles County Board of Supervisors),
which regulates and controls the design, construction, quality of materials, erection, installation,
alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating,
venting, cooling, refrigeration systems, or other miscellaneous heat- producing appliances in the
City, provide for the issuance of permits and collection of fees therefor, and provides for penalties
for violations thereof, with certain changes and amendments thereto, are hereby adopted by
reference, and conflicting ordinances are hereby repealed.
B. All of the regulations, provisions, conditions, and terms of said codes, together with
their appendices, one copy of which will be on file and accessible to the public for inspection at the
City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully set forth
in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this
subchapter.
Section 9. Section 15.16.040 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.16.040 Violations - Penalties
Every person violating any provision of the 2013 California Mechanical Code as amended by
Title 29 Los Angeles County Mechanical Code and appendices, adopted by reference by Section
15.16.010, or of any permit or license granted thereunder, or any rules or regulations promulgated
pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be
punishable by a fine not to exceed one thousand dollars or imprisonment notto exceed six months,
or by both such fine and imprisonment. The imposition of such penalty for any violation shall not
excuse the violation or permit it to continue_ Each day that a violation occurs shall constitute a
5
separate offense.
Sect - ipn 10. Section 15.18.010 of the Rosemead Municipal Code is hereby to read as
follows:
15.18.010 California Residential Code as amended by Los Angeles County Residential Code
adopted.
A. The 2013 Residential Building Code as amended by Title 30 Los Angeles County
Residential Code (adopted November 26, 2013, by the Los Angeles County Board of Supervisors),
together with their appendices, which regulate the erection, construction, enlargement, alteration,
repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security,
abatement, and maintenance of one and two- dwelling buildings or structures within the City,
provide for the issuance of permits and collection of fees therefor, and provide for penalties for
violations thereto, are hereby adopted by reference, and conflicting ordinances are hereby
repealed.
B. All of the regulations, provisions, conditions, and terms of said codes, together with
their appendices, one copy of which will be on file and accessible to the public for inspection at the
City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully set forth
in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this
subchapter.
Section 11. Section 15.18.040 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.18.040 Violations - penalties
Every person violating any provision of the 2013 California Residential Code as amended by
Title 30 Los Angeles County Residential Code and appendices, adopted by reference by Section
15.18.010, or of any permit or license granted there under, or any rules or regulations promulgated
pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be
punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed six months,
or by both such fine and imprisonment. The imposition of such penalty for any violation shall not
excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a
separate offense.
Section 12. Section 15.20.010 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.20.010 California Green Standards Code as amended by Los Angeles County Green
Standards Code adopted.
A. The 2013 Green Standards Code as amended by Title 31 Los Angeles County
Building Code (adopted November 25, 2013, by the Los Angeles County Board of Supervisors),
together with their appendices, which regulate the erection, construction, enlargement, alteration,
repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security,
abatement, and maintenance of buildings or structures within the City, provide for the issuance of
permits and collection of fees therefor, and provide for penalties for violations thereto, are hereby
adopted by reference, and conflicting ordinances are hereby repealed.
B. All of the regulations, provisions, conditions, and terms of said codes, together with
their appendices, one copy of which will be on file and accessible to the public for inspection atthe
City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully setforth
in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this
subchapter.
Section 11. Section 15.20.040 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.18.040 Violations - Penalties
Every person violating any provision of the 2013 California Green Building Standards Code
as amended by Title 31 Los Angeles County Residential Code and appendices, adopted by
reference by Section 15.18.010, or of any permit or license granted there under, or any rules or
regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he
7
or she shall be punishable by a fine not to exceed one thousand dollars or imprisonment not to
exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any
violation shall not excuse the violation or permit it to continue. Each day that a violation occurs
shall constitute a separate offense.
Section 12. The City Council hereby makes each finding of reasonable necessity for
modifications as stated separately for each such modification as identified in Los Angeles County
Titles 26, 27, 28, 29, 30, and 31. These modifications to the California Building Standards Code,
incorporating the uniform codes are reasonably necessary due to the local climate, characterized
by hot, dry summers and the high potential for seismic activity, which make structures particularly
vulnerable to rapidly spreading fires and structural damage.
Section 13 . Severability. Should any section, subsection, clause, or provision of this
Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this
Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection,
sentence, clause, and phrase hereof would have been prepared, proposed, approved, and ratified
irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases
be declared invalid or unconstitutional.
Section 14. This Ordinance has been determined to be exempt from the California
Environmental Quality Act pursuant to State Guidelines 15061(b)(3) as a project that has no
potential for causing a significant effect on the environment.
Section 16. The City Clerk shall certify to the adoption of this Ordinance.
Section 16, The City Clerk shall file a certified copy of this Ordinance with the California
Building Standards Commission.
(Signatures on Following Page)
8
PASSED, APPROVED, AND ADOPTED this 14" day of January, 2014.
Polly Low, iyo
City of Rose d, California
ATTEST:
Iona, Molleda, ity Clerk
City of Rosemead, California:
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
1, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 939 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 10th of December, 2013. That after said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 14th of January, 2014 by
the following vote to wit:
Yes:
Alarcon, Armenta, Clar, Low,
No:
None
Abstain:
None
Absent:
None
Gloria Molleda
City Clerk
URGENCY ORDINANCE NO. 938
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION
500222, THE CALIFORNIA BUILDING STANDARDS CODE (TITLE 26 LOS
ANGELES COUNTY BUILDING CODE), THE CALIFORNIA ELECTRICAL CODE
(TITLE 27 LOS ANGELES COUNTY ELECTRICAL CODE), THE CALIFORNIA
PLUMBING CODE (TITLE 28 LOS ANGELES COUNTY PLUMBING CODE), THE
CALIFORNIA MECHANICAL CODE (TITLE 29 LOS ANGELES COUNTY
MECHANICAL CODE), THE CALIFORNIA RESIDENTIAL CODE (TITLE 30 LOS
ANGELES COUNTY RESIDENTIAL CODE), THE CALIFORNIA GREEN BUILDING
CODE (TITLE 31 LOS ANGELES COUNTY GREEN BUILDING STANDARDS
CODE), AND ADOPTING LOCAL AMENDMENTS THERETO AND DECLARING
THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDIAN AS
FOLLOWS:
Section 1. Section 15.04.010 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.04.010 California Building Code as amended by Los Angeles County Building Code
adopted.
A. The 2013 California Building Code as amended by Title 26 Los Angeles County
Building Code (adopted November 25, 2013, by the Los Angeles County Board of Supervisors),
together with their appendices, which regulate the erection, construction, enlargement, alteration,
repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security,
abatement, and maintenance of buildings or structures within the City, provide for the issuance of
permits and collection of fees therefor, and provide for penalties for violations thereto, are hereby
adopted by reference, and conflicting ordinances are hereby repealed.
1
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B. All of the regulations, provisions, conditions, and terms of said codes, together with
their appendices, one copy of which will be on file and accessible to the public for inspection at the
City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully set forth
in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this
subchapter.
Section 2. Section 15.04.020 of the Rosemead Municipal Code is hereby amended by the
adding the following definition:
Rehabilitation Appeals Board per section 99.06 shall mean the City Council of the City of
Rosemead.
Section 3. Section 15.04.060 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.04,060 Violations — Penalties.
Every person violating any provision of the 2013 California Building Code as amended by
Title 26 Los Angeles County Building Code and appendices, adopted by reference by Section
15.04.010, or of any permit or license granted thereunder, or any rules or regulations promulgated
pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be
punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed six months,
or by both such fine and imprisonment. The imposition of such penalty for any violation shall not
excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a
separate offense.
Section 4. Section 15.08.010 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.08.010 California Electrical Code as amended by Los Angeles County Electrical Code
adopted.
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8
A. The 2013 California Electrical Code as amended by Title 27 Los.Angeles County
Electrical Code (adopted November 26, 2013, by the Los Angeles County Board of Supervisors),
which provides minimum requirements and standards for the protection of the public health, safety
and welfare by regulating the installation or alteration of electrical wiring, equipment, materials, and
workmanship in the City, provides for the issuance of permits and collection of fees therefor and
provides penalties for violations thereof, with all changes and amendments thereto, is hereby
adopted by reference, and all conflicting ordinances are hereby repealed.
B. All of the regulations, provisions, conditions, and terms of said codes, together with
their appendices, one copy of which will be on file and accessible to the public for inspection at the
City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully set forth
in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this
subchapter.
Section 5. Section 15.08.040 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.08.040 Violations - Penalties
Every person violating any provision of the 2013 California Electrical Code as amended by
Title 27 Los Angeles.County Electrical Code and appendices, adopted by reference by Section
15.08.010, or of any permit or license granted thereunder, or any rules or regulations promulgated
pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be
punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed six months,
or by both such fine and imprisonment. The imposition of such penalty for any violation shall not
excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a
separate offense.
Section 6. Section 15.12.010 of the Rosemead Municipal Code is hereby amended to
read as follows:
3
15.12.010 California Plumbing Code as amended by Los Angeles County Plumbing Code
adopted.
A. The 2013 California Plumbing Code as amended by Title 28 Los Angeles County
Plumbing Code (adopted November 26, 2013, by the Los Angeles County Board of Supervisors),
which provide minimum requirements and standards for the protection of the public health, safety
and welfare by regulating the installation or alteration of plumbing and drainage, materials, venting,
wastes, traps, interceptors, water systems, sewers, gas piping, water heaters and other related
products, and workmanship in the City, provides for the issuance of permits and collection of fees
therefor and provides for penalties the violations thereof, with certain changes and amendments
thereto, is hereby adopted by reference, and all conflicting ordinances are hereby
B. All of the regulations, provisions, conditions, and terms of said codes, together with
their appendices, one copy of which will be on file and accessible to the public for inspection at the
City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully set forth
in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this
subchapter.
Section 7. Section 15.12.040 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.12.040 Violations - Penalties
Every person violating any provision of the 2013 California Plumbing Code as amended by
Title 28 Los Angeles County Plumbing Code and appendices, adopted by reference by Section
15.12.010, or of any permit or license granted thereunder, or any rules or regulations promulgated
pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be
punishable by a fine notto exceed one thousand dollars or imprisonment notto exceed six months,
or by both such fine and imprisonment. The imposition of such penalty for any violation shall not
excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a
separate offense.
0
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Section fl. Section 15.16.010 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.16.010 California Mechanical Code as amended by Los Angeles County Mechanical
Code adopted.
A. The 2013 California Mechanical Code as amended by Title 29 Los Angeles County
Mechanical Code (adopted November 26, 2013, by the Los Angeles County Board of Supervisors),
which regulates and controls the design, construction, quality of materials, erection, installation,
alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating,
venting, cooling, refrigeration systems, or other miscellaneous heat - producing appliances in the
City, provide for the issuance of permits and collection of fees therefor, and provides for penalties
for violations thereof, with certain changes and amendments thereto, are hereby adopted by
reference, and conflicting ordinances are hereby repealed.
B. All of the regulations, provisions, conditions, and terms of said codes, together with
their appendices, one copy of which will be on file and accessible to the public for inspection at the
City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully set forth
in this chapterwith the exceptions, deletions, additions, and amendments thereto as set forth in this
subchapter.
Section 9. Section 15.16.040 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.16.040 Violations - Penalties
Every person violating any provision of the 2013 California Mechanical Code as amended by
Title 29 Los Angeles County Mechanical Code and appendices, adopted by reference by Section
15.16.010, or of any permit or license granted thereunder, or any rules or regulations promulgated
pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be
punishable by a fine not to exceed one thousand dollars or imprisonment notto exceed six months,
or by both such fine and imprisonment. The imposition of such penalty for any violation shall not
excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a
5
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separate offense.
Section 10. Section 15.18.010 of the Rosemead Municipal Code is hereby to read as
follows:
15.18.010 California Residential Code as amended by Los Angeles County Residential Code
adopted.
A. The 2013 Residential Building Code as amended by Title 30 Los Angeles County
Residential Code (adopted November 26, 2013, by the Los Angeles County Board of Supervisors),
together with their appendices, which regulate the erection, construction, enlargement, alteration,
repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security,
abatement, and maintenance of one and two- dwelling buildings or structures within the City,
provide for the issuance of permits and collection of fees therefor, and provide for penalties for
violations thereto, are hereby adopted by reference, and conflicting ordinances are hereby
repealed.
B. All of the regulations, provisions, conditions, and terms of said codes, together with
their appendices, one copy of which will be on file and accessible to the public for inspection at the
City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully set forth
in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this
subchapter.
Section 11. Section 15.18.040 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.18.040 Violations - Penalties
Every person violating any provision of the 2013 California Residential Code as amended by
Title 30 Los Angeles County Residential Code and appendices, adopted by reference by Section
15.18.010, or of any permit or license granted there under, or any rules or regulations promulgated
pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he or she shall be
punishable by a fine not to exceed one thousand dollars or imprisonment notto exceed six months,
z
or by both such fine and imprisonment. The imposition of such penalty for any violation shall not
excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a
separate offense.
Section 12. Section 15.20.010 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.20.010 California Green Standards Code as amended by Los Angeles County Green
Standards Code adopted.
A. The 2013 Green Standards Code as amended by Title 31 Los Angeles County
Building Code (adopted November 25, 2013, by the Los Angeles County Board of Supervisors),
togetherwith their appendices, which regulate the erection, construction, enlargement, alteration,
repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security,
abatement, and maintenance of buildings or structures within the City, provide for the issuance of
permits and collection of fees therefor, and provide for penalties for violations thereto, are hereby
adopted by reference, and conflicting ordinances are hereby repealed.
B. All of the regulations, provisions, conditions, and terms of said codes, together with
their appendices, one copy of which will be on file and accessible to the public for inspection at the
City Clerk's office, are hereby referred to, adopted and made part of this chapter as if fully set forth
in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this
subchapter.
Section 11. Section 15.20.040 of the Rosemead Municipal Code is hereby amended to
read as follows:
15.18.040 Violations - Penalties
Every person violating any provision of the 2013 California Green Building Standards Code
as amended by Title 31 Los Angeles County Residential Code and appendices, adopted by
reference by Section 15.18.010, or of any permit or license granted there under, or any rules or
regulations promulgated pursuant thereto, is guilty of a misdemeanor. Upon conviction thereof he
7
I
or she shall be punishable by a fine not to exceed one thousand dollars or imprisonment not to
exceed six months, or by both such fine and imprisonment. The imposition of such penalty for any
violation shall not excuse the violation or permit it to continue. Each day that a violation occurs
shall constitute a separate offense.
Section 12. The City Council hereby makes each finding of reasonable necessity for
modifications as stated separately for each such modification as identified in Los Angeles County
Titles 26, 27, 28 , 29, 30, and 31. These modifications to the California Building Standards Code,
incorporating the uniform codes are reasonably necessary due to the local climate, characterized
by hot, dry summers and the high potential for seismic activity, which make structures particularly
vulnerable to rapidly spreading fires and structural damage.
Section 13 . Severability. Should any section, subsection, clause, or provision of this
Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this
Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection,
sentence, clause, and phrase hereof would have been prepared, proposed, approved, and ratified
irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases
be declared invalid or unconstitutional.
Section 14. This Ordinance shall take effect on January 1, 2014, and shall apply to all
projects submitted for plan check on or after that date.
Section 15. This Ordinance has been determined to be exempt from the California
Environmental Quality Act pursuant to State Guidelines 15061(b)(3) as a project that has no
potential for causing a significant effect on the environment.
Section 16. The City Clerk shall certify to the adoption of this Ordinance.
Section 17. The City Clerk shall file a certified copy of this Ordinance with the California
Building Standards Commission.
Section 18. Urgency Findings, State Law requires localities to adopt the 2013 California
Building, Plumbing, Mechanical, Electrical, Residential, Green Standards, and Fire Codes and any
amendments thereto, by December 31, 2013. It is essential that the City adopt the above stated
Codes and modifications necessitated by local topographical, geological, and climatic conditions by
that date. In the absence of legislation effective by that date, technical codes adequate to meet the
City's special circumstances will not be in effect by that date and hazards will be posed which would
immediately threaten the public health and safety. Accordingly, this ordinance shall be an Urgency
Ordinance and shall take effect immediately and become operative January 1, 2014.
PASSED, APPROVED, AND ADOPTED this l?, day of e , 2013.
i
Polly Low, ayo
City of Rosemea , California
ATTEST:
to a, Molleda, City Clerk
City of Rosemead, California: .
APPROVED AS TO FORM
Laah;,-)
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
0
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California do hereby certify that the
foregoing Urgency Ordinance No. 938 was duly and regularly approved and adopted by the
Rosemead City Council on the 10th of December 2013; by the following vote to wit:
Yes:
Alarcon, Armenta, Clark, Low, Ly
No:
None
Absent:
None
Abstain:
None
_ C
oria'Molleda
City Clerk
s
0
ORDINANCE NO. 937
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, AMENDING
OF THE 9.12.080 OF AND PART
MUNICI AL CODE
RELATING TO SHOPPING CART RETRIEVAL AND
CONTAINMENT BY OWNERS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 . Chapter 9.12.080 D of the Rosemead Municipal Code is hereby removed
in its entirety and subsection E shall become subsection D.
SECTION 2 . Chapter 9.32 of the Rosemead Municipal Code is hereby added to read in
its entirety as follows:
CHAPTER 9.32 — SHOPPING CART RETRIEVAL AND CONTAINMENT BY
OWNERS
9.32.010
9.32.020
Purpose.
Declaration of a public nuisance.
9.32.030
Definitions.
Cart retrieval and containment plan.
9.32.040
9.32.050
Incentives for plan compliance.
9.32.060
Plan submission and app
9.32.070
Appeals.
9.32.080
violations and enforcement.
9.32.010 Purpose.
The purpose of this chapter is to establish regulations to ensure that reasonable
measures are taken by the owners and operators of businesses which provide shopping
carts for the convenience of customers to prevent the removal of shopping carts
business premises and parking lots, and to provide for the prompt retrieval of lost,
stolen or abandoned shopping carts, to complement and supplement provisions of state
law and to adopt local regulations to the extent not otherwise preempted by state
statute.
9.32.020 Declaration of a public nuisance.
Many retail establishments provide shopping carts for the convenience ofdcue omens
while shopping on the premises of such businesses. However, shopping cas
from the premises of such businesses and left abandoned on public or private property
throughout the city constitute a public nuisance and a potential hazard to the health and
safety of the public. The proliferation of lost, stolen or abandoned shopping carts on
public and private property causes blighting conditions in the community, results in the
obstruction of free access to public and private sidewalks, streets, parking lots and other
Page 1 of 12
ways, interferes with pedestrian and vehicular traffic on public and private streets and
impedes emergency services. For the aforesaid reasons, such lost, stolen or
abandoned shopping carts are declared to be a public nuisance which shall be subject
to abatement in the manner set forth in this chapter or in any other manner provided by
law.
9.32.030 Definitions.
Except as otherwise expressly set forth herein, the following words and terms as
used in this chapter shall have the following meanings:
A. "Cart" or "Shopping Cart" means a basket that is mounted on wheels or a
similar device generally used in a retail establishment by a customer for the
purpose of transporting goods of any kind. The term "shopping cart" or "cart"
includes a laundry cart.
a "City" means the City of Rosemead, California or its designated
representative.
C. ,Community Development Director" means the Community Development
Director of the City of Rosemead.
D, "Enforcement personnel" means any police officer, sheriff, or code
enforcement officer employed by the City of Rosemead.
E. "Laundry cart" means a basket which is mounted on wheels and used in a
coin - operated laundry or dry-cleaning retail establishment by a customer or
an attendant for the purpose of transporting fabrics and the supplies
necessary to process them.
F "Lost, stolen or abandoned shopping cart" means a shopping cart which is
either (1) removed from the premises of a retail establishment by any person
without the written permission or consent of the owner of the shopping cart or
the retailer otherwise entitled to possession of such cart, or (2) left
unattended, discarded, or abandoned upon any public or private property
other than the premises of the retail establishment from which the shopping
cart was removed, regardless of whether such shopping cart was removed
from the premises with the permission of the owner. For purposes of other
i
chapter, any shopping cart located on any public or private property
than the premises of the retail establishment from which such shopping cart
was removed shall be presumed lost, stolen or abandoned, even if in the
possession of any person, unless such person in possession thereof either to
(a) is the owner, or an employee b authorized
ergemp em pl oy ee or agent of entitled
possession of the shopp' g ( )
I
retrieval service hired by the owner to retrieve such carts, (c) is an
pane 2 of 12
enforcement officer retrieving, storing or disposing of said cart pursuant to the
provisions of Section 9.32.080.C. of this chapter, or
from the the owner entitled rmissio
or consent to be in possession of the shopping
possession of the shopping cart.
G. "Owner' means any owner, manager, or operator of any retail establishment
that provides shopping carts.
H. "Parking area means a parking lot or other property provided by a retail
establishment for the use of customers for parking of customer vehicles. The
parking area of a retail establishment located in a muiti -store complex or
shopping center shall include the entire parking area used by the multi -store
complex or shopping center.
1. "Planning Division" means the Planning Division of the City of Rosemead.
J. "Premises" means any building, property or other area upon which any retail
establishment business is conducted or operated in the City of Rosemead,
including the parking area provided for customers.
K. "Retail establishment means any business that provides shopping carts
located in the City of Rosemead, regardless of whether the business is
advertised or operated as a retail or wholesale business, and regardless of
whether the business is open to the general public, or is a private club or
business, or is a membership store.
9.32.040 Cart retrieval and containment plan.
A, Except as otherwise provided in this chapter, every owner who provides
shopping carts to customers for use on the premises of any retail establishment
shall develop, implement and comply with the provisions of a written plan
approved by the City to provide for the retrieval of lost, stolen or abandoned
shopping carts which have been removed from the premises of th net ts from the
establishment, and to prevent customers from removing shopping
premises of such business without authorization of the owner (the "cart retrieval
and containment plan "). The cart retrieval and containment plan, at a minimum,
shall include the following elements:
1. Sr ns acarts Every shopping cart made available for use by
customers shall have a sign permanently affixed to it that identifies the
owner of the cart or the retailer or both, including store name, store
address and phone number; notifies the public of the procedure to be
utilized for authorized removal of the cart from the premises; notifies the
public that the unauthorized removal of the cart from the premises of the
Page 3 of 12
business, or the unauthorized possession of the cart, is a violation of state
law, and lists a valid telephone number or address for returning the cart
removed from the premises to the owner or retailer.
2. Notice to customers. Written notice shall be provided to customers that
removal of shopping carts from the premises is prohibited by state law.
Such notice may be provided in the form of flyers distributed on the
premises, warnings printed on shopping bags, direct mail, website notices,
or any. other means demonstrated to be effective. The cart retrieval and
containment plan shall identify the specific measures to be implemented to
comply with this notice requirement. In addition, conspicuous signs shall
be placed and maintained on the premises near all customer entrances
and exits and throughout the premises, including the parking area,
warning customers that removal of shopping carts from the premises is
prohibited by state law.
3. Retrieval persornne1 The owner shall provide personnel for purposes of
the retrieval of lost, stolen or abandoned shopping carts. Such personnel
may be either employees of the business or one or more independent
contractors hired by the owner to provide shopping cart retrieval services,
or a combination of both. The cart retrieval and containment plan shall
either () identify the number of employees who will be assigned such cart
retrieval duties, the number of total hours per week that each assigned
employee will perform such services (in addition to any on- premises
retrieval duties to which such employee may be assigned), and the
training each of such personnel has received or will receive concerning
the retrieval of lost, stolen or abandoned shopping carts, or (ii) include a
copy of each contract with a cart retrieval service (other than confidential
financial information which may be redacted from the contract). For
purposes of this Section 9.32.040, those persons identified in the cart
retrieval and containment plan as providing cart retrieval services, whether
employees of the business or independent contract services, shall be
referred to in this section as "retrieval personnel."
The owner shall provide written authorization to all retrieval personnel
which authorization shall be carried by each such person while performing
cart retrieval services on behalf of the owner and shall be provided to any
enforcement personnel upon request. Each vehicle used by retrieval
personnel shall bear conspicuous signs on the vehicle identifying either
the name of the retail establishment for which such retrieval service is
Page 4 01 12
being performed or, if applicable, the name of the cart retrieval service
with which the retail establishment has contracted for such services.
Prompt retrieval of car
4. ts . The owner shall provide retrieval personnel in
sufficient number to assure that all public streets within a minimum two
mile radius of the premises of the retail establishment are patrolled no less
often than every 24 hours, and all bus stops within a minimum one mile
radius of the retail establishment are patrolled no less often than 2
hours or twice every 24 hours where required by the Planning Div very
and each lost, stolen or abandoned shopping cart owned or provided by
the retail establishment which is found as a result of such patrols is
immediately retrieved and removed from any public or private property
upon which the cart is found. The cart retrieval and containment plan shall
Identify: (I) the streets and bus stops which will be patrolled as required by
this subsection; (,i) the manner, frequency, and times of such patrols; and
(iii) the procedures to be employed by the retail establishment to identify
and retrieve any lost, stolen or abandoned shopping carts. The cart
retrieval and containment plan shall identify the number of trucks, hours of
operation of the retrieval personnel, and such other information as
reasonably required by the city to assure that the owner is devoting
sufficient resources to cart retrieval operations r ply with t retrieval plan.
provisions of this Section 9.32.040 and the approved
5. Monthly rte The owner shall provide, or cause to be provided by each
cart retrieval service under contract with the owner, on or before the
twentieth day of each month, a written report to the Planning Division
specifying the number of lost, stolen, or abandoned shopping carts
retrieved by retrieval personnel during the preceding calendar month
period.
6. Phvs al measures Specific physical measures shall be implemented and
maintained by the owner to prevent, deter or impede the removal of
shopping carts from the premises. Such physical measures shall be
specifically identified in the cart containment plan and may include, but are
not limited to, the following: disabling devices installed and maintained on
carts, maintaining one or more designated employees assigned the
responsibility to deter or stop customers from removing shopping c its
from the premises, preventing any shopping carts from being taken
outside the confines of building exits unless accompanied by an employee
of the business, physical barriers, including devices placed on the carts
themselves, which effectively prevent transporting shopping carts into the
parking area or off the premises while maintaining accessible paths of
Page s of 12
travel compliant with state Title 24, Part 2, California Building Code and
federal Americans with Disabilities Act, requiring security deposits by
customers for cart use, or rental or sale of carts to customers. Written
approval of the property owner shall be provided to the City for any
physical measures required by the plan to be installed on the property of
the retail shopping center or multi -store complex in which the retail
establishment is located.
7. Vail cart conflnement. All shopping carts located on the premises of the
retail establishment (other than an establishment open for business 24
hours per day) shall be collected at the end of each business day by
employees of the retail establishment and shall be collectively confined in
a secure manner at the cart containment area on the premises as
designated in the cart containment plan until the commencement of the
next business day. All shopping carts located on the premises carts y reetail
establishment open for business 24 hours per day,
currently in use by a customer or patron, shall be collected by employees
of the retail establishment and returned to the cart confinement area on
the premises as designated in the cart containment plan at least once per
calendar day between the hours of 9:00 p.m. and 12:00 midnight on each
day the retail establishment is open for business, rlocated within nan of this
subsection shall not apply to any shopping
enclosed building.
8. Employee t The owner of the retail establishment shall implement
and maintain a periodic training program for its new and existing
employees designed to educate such employees concerning the
f the cart containment plan and the provisions of state law
requirements o ized removal of shopping carts from the premises
prohibiting the f the o
of the retail establishment. The cart containment program shall expressly
describe the employee training program.
B. Collaboration with other businesses. Two or more retail establishments located
within the same shopping or retail center or sharing a common parking area may
collaborate and submit a single cart containment plan.
C. Exemptions. The requirements of this Section 9.32.040 shall not apply to any
retail establishment which provides a total of ten or less shopping carts for use by
customers of such business.
?age 6 of 12
9.32.o5o Incentives for plan compliance. shopping existing retail
Notwithstanding any other provision of this Code to the c for use by
the which (i) provides a total of more than ten p' approval of a cart retrieval
customers of such business and (11) submits and obtains the app
or containment plan within the time specified in Section 9.32.060 of this chapter, shall
be exemt from the 9 32 060 this chapter to mplement cart retrieval
or containment y Section
nt plan.
9.32.060 plan submission and approval.
A. New or relocated retail establishments. Unless otherwise expressly exempt
hereunder, each new retail establishment, and any existing retail establishment
relocating to a different location within the City, shall submit a proposed plan
complying with the requirements of Section 9.32.040 of this chapter t the
ng any
Planning Division, and obtain approval thereof by the City, prior
shopping carts to customers of the retail establishment. Each proposed plan shall
be accompanied by a processing fee in an amount as set by resolution of the
City Council. No proposed plan shall be accepted for filing and processing by the
Planning Division unless accompanied by the processing fee established by the
City Council.
B. Existing retail establishments. Unless otherwise expressly exempt hereunder,
each existing retail establishment shall submit a proposed plan comply with
the requirements of Section 9.32.040 of this chapter to the Planning Division
within 90 calendar days following the date of adoption of this chapter. No such
retail establishment existing on the date this chapter is adopted shall provide or
continue to provide shopping carts for the use of its customers after the f 80th
calendar day following the date of adoption of this chapter without a plan
approved by the City and determined to conform to the requirements of Section
9.32.040 of this chapter; provided, however, such date shall be extended for the
period, if any, during which an appeal of the denial of such plan is pending
pursuant to the provisions of this chapter. Each proposed plan shall be
accompanied by a processing fee in an amount as set by resolution of the City
Council. No proposed plan shall be accepted for filing and processing by the
Planning Division unless accompanied by the processing fee as established by
the city Council.
C. Plan re_ view and apbravel Upon the filing of any proposed plan pursuant to
S 9.32.040 of this chapter (collectively referred to nion shall review) sa }� and
receipt of the required processing fee, the Planning
proposed plan and either approve or deny said proposed plan in a timely
Pape 7 of 12
manner. If the proposed plan complies with each of the applicable requirements
of this chapter, the Planning Division shall approve the plan, otherwise the
proposed plan shall be denied. The decision of the Planning Division shall be
made in writing and notice thereof shall be transmitted to the owner of the retail
establishment by the United States Postal Service, first -class mail, postage
prepaid, or by personal delivery or fax transmission. The notice of decision of the
Planning Division shall be deemed given to the owner on the date of personal
by the
delivery or on the date of the fax transmission tthe o p n g iv en
deemed
United States Postal Service, first -class mail, pos
given to the owner on the third day following the date of deposit in the cou of
transmission with the United States Postal Service, first -class mail, postage
prepaid. If the proposed plan is denied, the notice of decision given to the owner
shall state the grounds upon which the proposed plan was denied. A decision of
the Planning Division may be appealed by the owner in the time and manner
provided in Section 9.32.070 of this chapter.
D. Amendments by owner. The owner of any retail establishment whicha� an a �
approved plan conforming to the requirements d p this which amendment shall ,
submit a proposed amendment to the app
processed in accordance with the procedure provided for a proposed plan as set,
forth in subsection C of this section. Each proposed amendmen hall be City
accompanied by a processing fee in an amount as set by
Council. No proposed amendment shall be accepted for filing and processing by
the Planning Division unless accompanied by the processing fee as established
by the City Council.
E, R evocation or amendment by C1
1. Grounds. An approved plan may be revoked by the City based on its sole
determination that any of the following grounds exist:
i. The owner of any retail establishment is operating, or is permitting
operation of, the retail establishment in violation of one or more of
the provisions of said approved plan and has failed to correct said
violations) for a period of at least 30 calendar days following the
date of receipt of written notice of such violations) from the City; or
ii. The owner of any retail establishment with an approved plan is
operating, or is permitting the operation of, the retail establishment
In violation of one or more of the requirements of this chapter and
has failed to correct said violation (S) for a period of at least 30
Page 8 of 12
calendar days following the date of receipt of written notice of such
violation(s) from the City; or
The cart containment plan, as approved, is inadequate to
reasonably prevent the removal of shopping carts from the
premises of the retail establishment; or
iv. The cart retrieval plan, as approved, is inadequate to ensure the
prompt retrieval of lost, stolen or abandoned shopping carts
removed from the retail establishment.
2. Order to show cause. If at any time following the approval of a plan, the
Planning Division obtains information or evidence that any of the grounds
set forth in paragraph E.1 above may exist, the Planning Division shall
issue a written order to show cause as to why the approved plan should
not be revoked and schedule a hearing thereon which hearing shall not be
less than 15 calendar days, nor more than 30 calendar days following the
date such order to show cause is given to the owner of the retail
establishment. The order shall state the grounds upon which it is proposed
to revoke the approved plan and shall include the information and
evidence, or a summary thereof, upon which such order was issued.
3. Notice of hearing. Notice of the hearing on any order to show cause
issued pursuant to this section shall be given in the same time and
manner provided in subsection C of this section for notice of decisions.
4. Conduct of hearing. The hearing shall be conducted informally and the
legal rules of evidence shall not be applicable. The owner and the City
shall each have the opportunity to present evidence and witnesses. The
parties may each be represented by legal counsel or other representatives
of their choice. The City shall bear the burden of proof to establish, by a
preponderance of the evidence that grounds exist to revoke the plan. The
Community Development Director, at his or her discretion, and as an
alternative to revocation, may consider amendment of the plan If the
grounds for the order to show cause are solely the inadequacy of the
approved plan.
5. Decision of community Development Director. Within 15 calendar days
following conclusion of the hearing, the Community Development Director
shall render his or her decision in writing either dismissing the proceedings
Paae 9 of 12
or revoking or amending the plan. If the plan is revoked or amended, the
decision shall specify the findings of fact and the reasons for such ac t ion
If the plan is amended, the decision shall also specify the
to the plan.
6. Notice of decision. Notice of the decision of the Community Development
Director shall be given in the time and manner specified in subsection C
above.
7. Appeal of decision. The decision of the Community Development Director
shall be subject to appeal by the owner within the time and manner
specified in Section 9.32.070 of this chapter. in the absence of a timely
appeal, the decision of the Community Development Director shall be final
and conclusive.
9.32.070 Appeals.
A. Filing of appeal Within ten working days from the date of a notice of decision by
the community Development Director pursuant to this chapter, any owner
affected by any adverse decision pa mmu on Development
Manager; t t such
pur to this Chapter may appeal such
e and
appeal shall be in writing and shall 1 of decision shall deemed
address of the person filing the appeal. The notice
given on the date as provided in Section 9.32.060.0 of this chapter. The appeal
shall be filed with the city Clerk and shall be presented by the Clerk to the City
not be r 1
ss than an Manager schedule
alendar days, norr more than r 30 calendar dar days following the
less
date of the appeal.
B Decisio of CTManage Within 15 calendar days following conclusion of the
hearing, the City Manager shall render his or her decision
If the Plan is
dismissing the proceedings or revoking or amending the plan.
revoked or amended, the decision shall specify the findings of fact and the
reasons for such action. If the plan is amended, the decision shall also specify
the amendment(s) to the plan.
C. Within 1 working days from the date of the decision of the City Manager, any
owner affected by said decision may appeal to the City Council the determination
of the City Manager; such appeal shall be in writing and shall state the objections
and the name and address of the person filing the appeal. The appeal
filed
he next regular meeting of the City Council thee t
date of filing. The City
t
Page 10 of 12
Council, at such meeting, or at such meeting to which the matter may be
continued by the City Council, shall hear and pass upon the appeal.
D. Upon the hearing of the appeal, the City Council shall consider all objections or
protests, if any, to the decision of the City Manager and may continue the
hearing. Upon conclusion of the hearing, the City Council by resolution may
determine whether to affirm, revise or modify the decision of the City Manager.
The decision of the City Council on the appeal shall be final and subject to
judicial review in accordance with California Code of Civii Procedure section
1094.6.
9.32.080 Violations and enforcement.
A. Except as otherwise expressly provided in this chapter, it shall be unlawful for the
owner of any retail establishment to provide or offer, or permit to be provided or
offered, any shopping carts to customers of said retail establishment without an
approved cart retrieval and containment plan as required by Section 9.32.040 of
this chapter; provided, however, this prohibition shall not apply to any retail
establishment, or the owner thereof, which provides a total of ten or less
shopping carts for the use of customers of said retail establishment.
B. It shall be unlawful for the owner of any retail establishment to provide or offer, or
permit to be provided or offered, to customers of said retail establishment any
shopping cart which does not have a sign permanently affixed thereto containing
all of the information specified in Section 22435.1 of the Business and
Professions Code of the State of California.
C. in enforcing the provisions of this Section, the City Manager or person
designated by the City Manager, and the City's officers charged with the
enforcement of the law, may enter onto private property as allowed by law, or
with the consent of the property owner, or by warrant, to survey or examine a
shopping cart or parts thereof, or to obtain Information as to the identity of a r t or
shopping cart owner, and to remove, or cause the removal of, a shopping
parts thereof consistent with state law.
D. Any owner, operator, manager, employee and /or independent contractor of a
shopping cart owner violating or permitting, counseling, or assisting the violation
of any of these provisions regulating shopping carts, shall be guilty of a
misdemeanor in accordance with 1.16.o10 of this code.
M--- 14 + V
PASSED AND ADOPTED this 24 day of February, 2015:
illiam Aiarcon
Mayor
ATTEST:
Gloria olleda
City Clerk
APPROVED AS TO FORM:
Rachel Richman
City Attorney
Pane 12 of 12
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 937 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 10th of February, 2015. Thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 24th of February, 2015 by
the following vote WAR:
Yes:
Alarcon, Clark, Low, Ly
No:
None
Abstain:
None
Absent:
Armenta
Gloria Molleda
City Clerk
ORDINANCE NO. 935
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, AMENDING TITLE 17
"ZONING" OF THE CITY'S MUNICIPAL CODE BY
ADDING CHAPTER 17.40 FOR THE PURPOSE OF
REINFORCING AND CONFIRMING THE CITY'S
CURRENT BAN ON MEDICAL MARIJUANA
DISPENSARIES IN ALL ZONING DISTRICTS
WHEREAS, in 1970, Congress enacted the Controlled Substance ACT ( "CSA")
which, among other things, make it illegal to import, manufacture, distribute, possess or
use marijuana in the United States, and
WHEREAS, in 1996, the voters of the State of California approved Proposition 215,
which was codified as Health and Safety Code Section 11362.5and following, and entitled
the Compassionate Use Act of 1996 (the "Act "), and
WHEREAS, the intent of Proposition 215 was to enable seriously ill Californians to
legally possess, use, and cultivate marijuana under limited, specified circumstances, and
WHEREAS, on January 1, 2004, Senate Bill ( "SB ") 420 went into effect. SB 420
was enacted by the Legislature to clarify the scope of the Act, and to allow cities and
counties to adopt and enforce rules and regulations consistent with SB 420 and the Act.
WHEREAS, these new regulations and rules became known as the Medical
Marijuana Program, which included a list of facilities that could qualify as "primary
caregivers" and dispense marijuana to qualified patients. The only facilities the Legislature
authorized to serve as "primary caregivers" are licensed clinics, health care facilities,
residential care facilities, home health facilities and hospices which provide medical care to
qualified patients (Cal. Health & Saf. Code § 11362.7 (d)(1)), and
WHEREAS, on June 5, 2005, the United States Court issued its decision in
Gonzales v. Rafch (2005) 125 S. Ct. 2195, which held that Congress, under the
Commerce Clause of the United States Constitution, has the authority and power to
prohibit local cultivation and use of marijuana even if the cultivation or use complied with
California law, and
WHEREAS, in August 2011, the State legislature adopted AB 1300, which
amended California Health and Safety Code Section 11362.83 to read "Nothing in this
article shall prevent a city or other local governing body from adopting and enforcing any of
the following:
a) Adopting local ordinances that regulate the location, operation or establishment of a
medical marijuana cooperative or collective.
b) The civil and criminal enforcement of local described in subdivision (a).
c) Enacting other laws consistent with the article," and
WHEREAS, such local regulatory authority over medical marijuana dispensaries
has been affirmed by the California Supreme Court (See City of Riverside v. Inland Empire
Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4" 729.), and
WHEREAS, citizens and law enforcement officers have reported an increase of
crimes, such as loitering, and an increase in traffic, odor, and noise in the vicinity of
dispensaries, and the sale of illegal drugs, including the resale of marijuana from
dispensaries, in the areas immediately surrounding such medical marijuana dispensaries,
and
WHEREAS, the City's Zoning Code (Title 17 of the Rosemead Municipal Code) is a
"permissive" use ordinance; only the land uses specifically listed in the Zoning Code are
allowed within the specific zoning district. Land uses that are not listed are not allowed;
and
WHEREAS, even though the "permissive use' nature of the City's Zoning Code
does permanently ban medical marijuana dispensaries citywide, adoption of this
Ordinance will reinforce the existing ban on medical marijuana dispensaries and avoid the
potential for confusion on the part of the public, and
WHEREAS, in enacting this Ordinance, it is the Council's intention that nothing
contained herein be construed to allow persons to engage in conduct that endangers
others or causes a public nuisance, nor to allow any activity related to the cultivation,
distribution, or consumption of marijuana that is illegal, and
WHEREAS, in light of these findings and facts, the City Council finds that it is
contrary to the public health, safety, and welfare to permit the operation of medical
marijuana dispensaries, as defined herein, within the City of Rosemead such that a
permanent and obvious ban on that use is proper.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: Compliance with CEOA The Planning Commission HEREBY
DETERMINES that the proposed amendment does not authorize any changes to the
environment and will have no impacts to properties in the City or their surrounding
environment, as medical marijuana dispensaries are currently not permitted in any zoning
2
district of the City. The resolution provides zoning regulations which specifically confirm
and reinforce the City's current ban on medical marijuana dispensaries. This Ordinance is
not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
SECTION 2: Findinas. The City Council HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Municipal Code Amendment 13 -01 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: The proposed Municipal Code Amendment clarifies that medical
marijuana dispensaries are prohibited in all zoning districts of the City. Medical marijuana
dispensary uses are not allowed by the current General Plan and Zoning Code. Adopting
Municipal Code Amendment 13 -01 maintains the current consistency with the General
Plan and between the General Plan and Zoning Code.
B. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City; and
FINDING: Municipal Code Amendment 13 -01 will promote public health, safety,
and general welfare and serve the goals and purposes of Title 17 by clarifying and
confirming that medical marijuana dispensaries are prohibited in all zoning districts in the
City. The continued prohibition will ensure that none of the negative side effects of
medical marijuana dispensaries will negatively impact the general welfare of the City. The
amendment does not authorize any changes to the environment and will have no impacts
to properties in the City or their surrounding environment.
C. The proposed amendment is internally consistent with other applicable provisions of
the Zoning Code.
FINDING: The proposed Municipal Code Amendment clarifies that medical
marijuana dispensaries are prohibited in all zoning districts of the City. Medical marijuana
dispensary uses are not allowed by the current General Plan and Zoning Code. Adopting
Municipal Code Amendment 13 -01 maintains the current consistency with all other
provisions of the Zoning Code.
SECTION 3: Amendment to Title 17 . An amendment adding Chapter 17.4,0 to
Title 17 of the Rosemead Municipal Code entitled "Medical Marijuana Dispensaries," as
shown in Exhibit "A" attached hereto is here by adopted.
3
SECTION 4: Severability The City Council hereby declares that, should any
provision, section, subsection, paragraph, sentence, clause, phrase, or word of this
Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any
final court action in a court of competent jurisdiction or by reason of any preemptive
legislation, such decision or action shall not affect the validity of the remaining section or
portions of the Ordinance or part thereof. The City Council hereby declares that it would
have independently adopted the remaining provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any
one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases,
or words may be declared invalid or unconstitutional.
SECTION & Effective Date. This Ordinance shall take effect thirty (30) days after
its adoption.
SECTION 6: Publication. 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 (30) days after the date of its adoption:
PASSED, APPROVED, AND ADOPTED this 11 day of February, 2014.
(2a�'
Polly Low
Mayor
ATTEST:
� A M
loria, Molleda, City Clerk
APPROVED AS TO FORM
d4
4
H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
ORDINANCE 935
Chapter 17.40 MEDICAL MARIJUANA DISPENSARIES
Sections:
17.40.010 Definitions.
17.40.020 Medical Marijuana Dispensaries Prohibited.
17.40.030 Civil Injunction.
17.40.010 Definitions.
A. "Establish" or "Operate" a medical marijuana dispensary (as defined in this Section)
means and includes any of the following:
The opening or commencement of the operation of a medical marijuana
dispensary;
2. The conversion of an existing business, facility, use establishment, or location to
a medical marijuana dispensary;
3. The addition of a medical marijuana dispensary to any other existing business,
facility, use, establishment, or location.
B. "Marijuana" means all parts of the plant Cannabis, whether growing or not; the seeds
thereof; the resin extracted from any part of the' plant; and every compound
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
It includes Marijuana infused in foodstuff. It does not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made from the seeds of the plant,
any other compound, manufacture, salt, derivative, mixture, or preparation of the
mature stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized
seeds of the plant that are incapable of germination.
C. "Medical Marijuana" is Marijuana used for medical purposes where that medical use
is deemed appropriate and has been recommended by a physician who has
determined that the person's health would benefit from the use of Marijuana in the
treatment of acquire immune deficiency syndrome ( "AIDS "), anorexia, arthritis,
cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical
condition for which Marijuana is deemed to provide relief as defined in subsection (h)
of Health and Safety Code Section 11362.7.
D. "Medical Marijuana Dispensary" means any business, facility, use, establishment, or
location, whether fixed or mobile, where Medical Marijuana is made available to,
delivered to and /or distributed by or to, three or more of the following a "primary
caregiver," "a qualified patient," or a person with an "identification card," as these
5
terms are defined in California Health and Safety Code section 11362.5 and
following. A "Medical Marijuana Dispensary" does not include the following uses, as
long as the location of such uses are otherwise regulated by this code or applicable
law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety
Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health
and Safety Code, a residential care facility for persons with chronic life- threatening
illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety
Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code, a residential hospice, or a home health
agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code,
as long as any such use complies strictly with applicable law including, but not
limited to, Health and Safety Code section 11362.5 and following.
17.40.020 Medical Marijuana Dispensaries Prohibited.
A. Medical Marijuana Dispensaries are prohibited in all zones in the City and shall not
be established or operated anywhere in the City.
B. No person may own, establish, open, operate, conduct, or manage a Medical
Marijuana Dispensary in the City, or be the lessor of property where a Medical
Marijuana Dispensary is located. No person may participate as an employee,
contractor, agent, volunteer, or in any manner or capacity in any Medical Marijuana
Dispensary in the City.
C. No use permit, site development permit, tentative map, parcel map, variance,
grading permit, building permit, building plans, zone change, business license,
certificate of occupancy, or other applicable approval will be accepted, approved, or
issued for the establishment or operation of a Medical Marijuana Dispensary.
D. Nothing contained in this Section shall be deemed to permit or authorize any use or
activity which is otherwise prohibited by any state or federal law.
17,40.030 Civil Injunction.
The violation of this Section shall be and is hereby declared to be a public nuisance and
contrary to the public interest and shall, at the discretion of the City, create a cause of
action for injunctive relief.
D
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molieda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 935 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 28th of January, 2014. That after said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 11th of February, 2014 by
the following vote to wit:
Yes:
Alarcon, Armenta, Clar, Hall, Low,
No:
None
Abstain:
None
Absent:
None
q
A Molleda Nl
City Clerk
ORDINANCE NO. 934
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD, CALIFORNIA,
AMENDING SECTION 9.12.080 OF
CHAPTER 9.12 OF TITLE 9 OF THE
ROSEMEAD MUNICIPAL CODE
WHEREAS, shopping carts that are removed from the premises of businesses
and left abandoned on public or private property throughout the City can create potential
hazards to the health and safety of the public; and
WHEREAS, California Business and Professions Code section 22435.8 states
the Legislature's intent not to preempt local ordinances that regulate or prohibit the
removal of shopping carts from business premises; and
WHEREAS, Section 9.12.080 of the Rosemead Municipal Code ( "RMC ")
currently prohibits the removal, abandonment, or possession of shopping carts
throughout the City, provided that such shopping carts contain certain signage; and
WHEREAS, there has been a proliferation throughout the City of shopping carts
that do not contain signage and that do not otherwise fall within the regulations of RMC
section 9.12.080.
Now therefore the City Council of the City of Rosemead does hereby ordain as
follows:
Section 1. Section 9.12.080 of Chapter 9.12 of Title 9 of the Rosemead
Municipal Code is amended to read as follows:
"9.12.080 Unauthorized use of shopping carts prohibited.
A. Removal. No person shall remove any commercially -owned shopping cart,
shopping basket or other similar device from the premises of any business
establishment within the City.
B. Abandonment. No person shall abandon or. leave any commercially -
owned shopping cart, shopping basket or other similar device which has been removed
from the premises of any business establishment upon any public street, alley,
sidewalk, parkway or other public place within the City, nor upon any private property
within the City except that of the owner of such cart, basket or device. If necessary. the
C. Possession. No person shall have in his or her possession within the City
commercial shopping cart, shopping basket or other similar device. Persons that
Council.
D. Shopping Cart Containment Plan. The City may require shopping cart
approval of the City Manager.
E. Definitions For purposes of this section, the following words and terms have
the following meanings:
"Business establishment" means any business which offers or provides
for customers of such business establishment."
Section 2. 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 this
Ordinance and each and all provisions thereof, irrespective of the fact that any one or
more of said provisions may be declared to be invalid.
"Commercial shopping cart" means a basket which is mounted on wheels
transporting goods of any kind.
Section 3. This Ordinance will take effect 30 days after its adoption.
Section 4. The City Clerk is directed to certify as to the adoption of this
Ordinance and cause this Ordinance to be published in the manner required by law.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of
Rosemead, on this 10P day of December, 2013.
Poily w
Mayor
ATTEST:
A I , 't.-A \ L 6
loria Molleda
City Clerk
APPROVED AS TO FORM:
d a"a � 1'y
Rachel H. Richman
City Attorney :
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 934 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 12th of November, 2013. That after said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 10 of December, 2013 by
the following vote to wit:
Yes:
Alarcon, Armenta, Clark, Low, Ly,
No:
None
Abstain:
None
Absent:
None
Gloria Molleda.
City Clerk
ORDINANCE NO.933 COUNTY O LOS
THE CITY OF ROSEMEAD AMENDMEN
OF CALIFORNIA, APPROVING AN
AN ORDINANCE OF AS
ANGELES, STATE
TO THE
CITY'S EXISTING SINE
PART OF THE COMPFIE EON ZONI CODE IUP ATE GUID ES
HENS
C OUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY
THE C ITY c ort of the
ORDAIN AS FOLLOWS findings are adopted in deft art of
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amendment to the City's existing
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the Comp Council adopted Sing o what Residential
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A On June o 851 to P ment, and
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General Plan
and Zoning Code am olicles, obj
do not conflict wth the current General Plan date to the Cit
Code development standards, and a comprehensive date
The City of Rosemead is pursuing to f enhance the q
d Municipal Coda ns mandated
d to add provisio
C tie 17 of the Rosemea olicy,
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of life in Rosemead nient
b State and Federal law, and es to the Zoning Code include revis dentia), R_2
D The proposed chang homes in the
R _ 1 (Single- Familto clearly articulate
to smg1e fam
standards relating and R -3 (Medium Multiple Residential
(Light MuifiPle Residential) development; and le Family Residential
the City's desire for quality Sing
es that will be
ursui
The City is png amendments to the existing
E guidelines are consistent
ate; and with changes
Guidelines to Com prehensive vhe Zoning Code i1P the Public
Design t h e Gomp
implemented by not be detrimental to
The proposed an would
F. safety, or general welfare of the City, and
convenience, health, ursuant to the Californi endrrient Will
staff prepared an initial study that the proposed
amen dment
and
G. City This initial study and accordingly P
Ouality Act (CEQA) the environment,
have any adverse impac on
tion of a Negative Declaration. County of Los
recommended the adop of Rosemead
THEREFORE the city council mine,
Angeles, and ordain as follows:
NOW+ does hereby
State of California,
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 the proposed amendment to the
City's existing Single- Family Residential Design Guidelines by City Council Resolution
No. 2013 -45 as the environmental clearance for the project.
Section 3. The City Council HEREBY FINDS AND DETERMINES that the
amendment to the Single - Family Residential Design Guidelines is in the best interest of
the public necessity and general welfare, and good city planning practice dictates and
supports the proposed amendment will provide a superior level of planning and
protection to the quality and character of the City.
A. The amended Single - Family Residential Guidelines will be consistent with the
residential standards proposed in the Comprehensive Zoning Code Update. The
adoption of revised guidelines will improve the design characteristics of future single -
family home design throughout the community. Negative impacts to existing mature
neighborhoods associated with large home development will be avoided. The
guidelines will provide early guidance to facilitate communication for project applicants
proposing new homes and additions to existing homes.
Section 4. The City Council HEREBY ADOPTS the amendment to the "Single -
Family Residential Design Guidelines attached hereto as Exhibit "A," where changes to
the existing guidelines are shown in green text to be added, strikethrough (black) for
text to be deleted, and black text for existing to remain.
Section 5. 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. 933 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 6. EFFECTIVE DATE. This ordinance shall take effect thirty (30) days
after its adoption.
Section 7. ADOPTION. The City Clerk shall certify to the adoption of this
ordinance and shall publish a summary of this ordinance and 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 8. The City Clerk shall certify to the adoption of this Ordinance.
[Signatures are on the Next Page]
Ordinance No. 933 2
PASSED, APPROVED, AND ADOPTED this 22 day of October, 2013.
Polly Low, M or
City of RoseKead
ATTEST: .
41or i d Aity irk
a,U
olledlerk
APPROVED AS TO FOR
i
r
achel H. Richman, City ttorney
Burke, Williams & Sorensen, LLP
Ordinance No. 933
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No, 933 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
Gloria Molleda.
City Clerk
ORDINANCE NO. 932
AN ORDINANCE OF THE CITY OF ROSEMEAD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, APPROVING ZONE CHANGE 13-
01 AMENDING A PORTION OF THE CITY OF ROSEMEAD ZONING
MAP TO IMPLEMENT THE CITY'S GENERAL PLAN AS PART OF THE
COMPREHENSIVE ZONING CODE UPDATE .
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1 . Findin s. The following findings are adopted in support of Zone
Change 13 -01 to implement General Plan Policy as part of the Comprehensive Zoning
Code Update.
A. On October 14, 2008, the City Council 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 and zoning
maps to ensure consistency with the newly adopted general plan, and
E. The amendment to the City's existing Zoning Map is proposed as part of
the City's Comprehensive Zoning Code Update project to ensure that this document is
consistent with the proposed municipal code amendments,. and
F. The proposed amendment would not be detrimental to the public
convenience, health, safety, or general welfare of the City, and
G. The City staff prepared an initial study pursuant to the California
Environmental Quality Act (CEQA). This initial study determined that the proposed
zone change 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 Zone Change 13 -01 by City Council
Resolution No. 2013 -45 as the environmental clearance for the project.
ordinance No. 932
Section 3. The City Council HEREBY FINDS AND DETERMINES that Zone
Change 13 -01 is in the best interest of the public necessity and general welfare, and
good city planning practice dictates and supports the proposed zone change, in that the
change to the Rosemead Zoning Map 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 Zone
Change 13 -01 is consistent with the Rosemead General Plan as follows:
A. Land Use: The General Plan is a set of long -term goals and policies that
are used to guide development decisions. The Zoning Map, along with the Zoning
Code, is a tool that is used to implement the goals and policies of the general plan.
Zone Change 13 -01 is part of a Comprehensive Zoning Code Update project that is
pursued to implement General Plan policy. The following list supports the amendments
to the Zoning Map 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 in the City. The emphasis is on businesses that provide career
oriented and trade jobs. Zone Change 13 -01 proposes a new CI -MU
(Commercial - Industrial Mixed -Use) zone which corresponds to the General Plan
Mixed -Use Industrial /Commercial land use designation on the General Plan and
Zoning Ordinance Consistency Table (fable 2 -5).
2. To implement General Plan Land Use Policy 1.7, which calls for fostering housing
stock and neighborhood revitalization, renovation, and good site /architectural
design, the Zone Change 13 -01 proposes rezone approximately ten (10) acres of
existing P -O (Professional Office) zone to the R -3 (Medium Multiple Residential)
zone, where existing development is entirely residential.
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. Zone Change
13 -01 will bring City zoning designations into compliance with the goals, objectives, and
policies of the General Plan. Potential impacts to traffic and transportation depend on
the extent of a proposed project and local conditions. Each new proposed project will
be required to provide efficient vehicular access to the site. Furthermore, all
developments will be required to satisfy the parking requirements outlined in the
municipal code.
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. The proposed zone change will not induce substantial
new population growth nor displace existing housing units or people. The zoning map
update will bring City zoning designations into compliance with the goals, objectives,
and policies of the General Plan. The new Cl -MU (Commercial Industrial Mixed -Use)
Ordinance No. 932
zone is proposing maximum Floor Area Ratios (FAR) consistent with what is already
established in the City's General Plan. The rezoning of existing P -0 (Professional
Office) zoned property to R -3 (Medium Multiple Residential) will further 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.
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. No land is being re- designated to allow development that was formally
targeted for some conservation or resource management or extraction purpose
E. Noise: The Noise Element characterizes the existing noise environment,
identifies existing noise sources, projects the noise environment at build out of the City,
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 associated development standards to
the zones identified and established in this update will require new developments to
comply with the City's noise standards. Noise impacts resulting from Zone Change 13-
01 would be similar to and possibly less than, the level of impacts identified in the 2008
General Plan El and 2010 Addendum.
R 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 5, The City Council APPROVES Zone Change 13 -01, amending the
City of Rosemead zoning map with the changes indicated in Exhibit "A," to implement
the City's General Plan and ensure consistency with the Zoning Code.
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. 932 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.
Ordinance No. 932 3
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 22n day of October, 2013.
City of
ATTEST:
6 0,
Gloria Molleda,
AD AS T FORM
Richman, City Attorney
Burke, Williams & Sorensen, LLP
Ordinance No. 932
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 932 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
AG
Gloria Molleda.
City Clerk
ORDINANCE 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 2
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
Cl -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
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 Manaoement: 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 S. 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.
City of
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM
X
ache) H. Richman, ity Attorney
Burke, Williams & Sorensen, LLP
Ordinance No. 931
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
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
`Gloria Molleda.
City Clerk
ORDINANCE NO. 930
AN ORDINANCE OF THE CITY COUNCIL OF
ROSEMEAD AMENDING CHAPTER 8 OF THE
ROSEMEAD MUNICIPAL CODE RELATING TO
GARBAGE AND RUBBISH DISPOSAL
WHEREAS, it is necessary to regulate the collection of solid waste from commercial
and residential premises, and to encourage recycling of solid waste materials; and
WHEREAS, the regulation of solid waste collection services in the City will promote
the public health, safety and welfare by requiring the use of newer and safer vehicles, the
regular maintenance of those vehicles, and the reduction of spillage and litter on publicc aeets,
by establishing responsibility for the cleaning of refuse bins an d containers, and by p
for accountability to the public.
WHEREAS, Chapter 8.32 of the City of Rosemead Municipal Code, and Sections 49300
s Code, authorize the City to enter into franchise
and 49500 -49524 of the Public Resource
es with private solid waste enterprises; and
agreements for solid waste handling servic
WHEREAS, Chapter 8.32 of the City of Rosemead Municipal Code establishes
requirements and procedures to provide solid waste handling services within the City of
Rosemead.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
ORDAIN AS FOLLOWS:
section 1. The City Council of the City of Rosemead hereby repeals the existing
S
Chapter ecti of the City of Rosemead Municipal Code, including all amendments, revisions,
8.32 an d interpretations contained therein.
Section 2. The City Council of the City of Rosemead hereby adds new Chapter 8.32 to
the City of Rosemead Municipal Code to read as follows:
Chapter 8.32 - GARBAGE AND RUBBISH DISPOSAL
Sections:
Q 32 010 Legislative po licv.
8.32.020 - Definitions.
8.32.040 - Miscellaneous debris.
8 32 060 DuLnpinla rubbish in pub or p rivate places.
5. The public health, safety and welfare will best be served by providing for one or
more exclusive contracts for residential and commercial solid waste collection
services, subject to the limited rights of state facilities to use a collector other than
the collector with an exclusive contract.
6. This chapter is enacted by the City Council pursuant to the following statutory
authorization and in order to accomplish the objectives set forth in this chapter:
1. Public Resources Code Section 40059 authorizes the City to determine:
a.All aspects of solid waste collection which are'of local concern,
including, but not limited to, frequency of collection, means of
collection and transportation, level of services, charges and fees, and
nature, location and extent of providing solid waste collection
services; and
b.Whether the services are to be provided
, by means oeitherewihror
contract, contract, license, p r
without competitive bidding, or if, in the opinion of its g overning
body, he public health, safety an d well -being so require, by p o
or or wholly exclusive contract, contract, license, permit,
otherwise, either with or without competitive bidding• ur uant
2. Public Resources Code Section 49300 provides that the City may, p
forehes c ollecting trorsdisposal, or both, by its
, waaste,brefuse, offal,
trimmings, or other refuse matter.
3. Public Resources Code Section 49501 provides that tthe Cot} ttha rwie
action, whether by franchise, contract, license, p
whereby the City itself, or one or more other local agencies or solid waste
enterprises is authorized or permitted to have he e xclusive ihin all or any to part e
solid waste collection services of any class or type
th territory of the City.
4. It is the intent of this chapter to set forth terms and conditions pursuant to
which authorization may be granted by the City Council e provide solid
waste handling services, and to promote the public health, wel fare and safety
l
of the community by establishing reasonable regulations relating to the
storage, accumulation, collection and disposal of garbage, trash, rubbish,
debris and other discarded matter, goods and material.
(Prior code § 5401)
8.32.020 - Definitions.
As used in this chapter:
"Act" or "AB 939" means the California Integrated Waste Management Act of amended and as it may be as
c odied in part at Public Resoces Code l mented by he regulations of the California
i ple Department of Resources
c
and Recovery (CalRecycle), or its successor agency.
"Agreement" or "Franchise Agreement" means a written Agreement between the City
a nd Contractor.
"Bin" or "Bins" means those open -top rectangular metal containers provided by
Contractor, with wheels, with or without plastic or metal lids, used for collection and
storage to Municipal Solid Waste, Recyclable Materials, Typical sizes of
Green Waste, Construction and
Demolition Debris, or other materials to be collected by Contractor. Ty
load vehicle
bins include 1. 5 2 3 4 and 6 cubic yards. Bins are collected by a front
equipped with metal forks that flcontents into he body of thchannels hicle, and return he Bin Bin
in order to lift Bin, empty
the ground.
"Box" means a large open -top rectangular metal containers used to store and transport
Municipal Solid Waste, Recyclable Materials, Green Waste, Construction and
hhooks 'winch to the box the e quipped with
flat bed of the truck for transport.
"Bulky Items" means furniture, household appliances, carpets, mattresses, automobile
tires, shipping creates and containers, oversized yard waste such as tree trunks and large
branches if no larger than two feet (2 in diameter and four feet (4') in length, and other
large bulky or heavy objects not normally discarded
do no include basis at residential,
commercial or business establishments. Bulky items
construction/demolition debris or consumer electronics, such as televisions, radios,
computers and monitors which are regarded as Universal Waste Electronic Devices, the
disposal of which is governed by the Department of Toxic Substances Control.
"Cart" or "Carts" means those 32, 64 or 96- gallon containers with hinged lids
provided by Contractor for the collection of Municipal Solid Waste, Solid Waste,
Recyclable Material, and Green Waste.
"City" means the City of Rosemead, California, and all of the territory lying within the
municipal boundaries of the City as presently existing or as such boundaries may be
modified.
"City Representative" means the Director of Public Works, or designee, authorized to
administer and enforce the provisions of this Chapter.
"Collection" means the taking of physical possession of Municipal Solid Waste or
Recyclable Materials from Customer premises and transporting it to the Materials
Recovery Facility, Compost Facility, Construction Demolition and Debris processing
facility, or Landfill.
"Commercial Customer" means all premises in the City, other than Residential,
Multifamily, or where Solid Waste, Recyclable Materials, and Organic Waste are
generated or accumulated. The term "Commercial Customer" includes, but is not limited
to, stores; offices; restaurants; rooming houses; hotels; motels; industrial and
4
manufacturing, processing, or assembly shops or plants; hospitals, clinics, convalescent
centers and nursing homes (non - medical waste).
41921.3(a)(
"Construca onalnd Dert wastes" as defined n Public &D R Resources
me ans discarde
building m
(rock, concrete, brick, sand, soil ceramlasteadywallsrubble resulting construction
from
and demolition materials, packaging, p
construction, remodeling, repair and demolition operations, but does not include
asbestos - containing materials.
G °Container" means Cart, Bin, or Debris Box.
' °Contractor" means any person, firm, business or corporation with whom the city may
have a contract or to whom the city has granted a franchise f the collection, removal
and disposal of garbage, waste or rubbish in the city.
"Contamination" m mat either w w hi c h are n t spe cry l facility and collection
which would particular
containers or for processing ualit and value of the recovered
either interfere with such processing
r reduce collection ,lmetals and plastics would constitute
materials. For example, for purposes
"contamination" if placed in a green waste container and tree trimmings would
constitute "contamination" if placed in a recyclable materials container.
Contractor.
G °Customer" en table materials are generated and then r colle collected by Contractor.
Municipal Solid
Waste or recycl
Customers include Residential Customers, Multifamily Customers, and commercial
Customers.
"Disposal" means the burying of Municipal Solid Waste at a permitted landfill or
transformation at a permitted facility as further defined n Section 40192 of the
California Public Resources Code. i designated by the Contractor r specif
"Disposal Site" means such p or ate, of Manic pal Sold Waste and other materials
the disposal, or processing as appropriate,
as appropriate.
"Franchise" means t h e exclusive right a nd privilege granted by Agreement.
„ grass clippings, brush, branches and other forms of
"Green Waste means leaves, g brush and
and c li p pings, s leaves, tree trimmings, prunnrgs,
organic materials generated from maintenance or alteration of landscapes or
including, but not limited to, y pp g
four inches (4 ") in
weeds an d incidental pieces of scrap lumber , separated from the Solid
, Waste re
or palm fronds, or yucca, which are not suitable for
"Green Waste" does not include stumps or branches exceeding be a form of Solid
diameter or four feet (4') n length, p
composting. "Green Waste" is not a "Recyclable Material" but may
Waste if discarded into the waste stream.
5
"Hazardous Waste" means any waste materials or mixture of wastes defined as a the Resource Conservation and
"hazardous substance" or "hazardous waste eq the Comprehensive Environmental
Recovery Act ( "RCRA "), 42 U.S.C. §§ 42 U.S.C. §§ 9601 et seq., the
Response, Compensation and Liability Act ante Ac )' codified at
Carpenter- Presley - Tanner Hazardou 5300 et seq.;the Electronic Waste Recycling Act
California Health & Safety Code § §
of 2003 (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapt S
of 2004; AB 575, Wolk, Chapter 59, Statutes of 2011), laws governing non -
al Waste Electronics Devices (UWED ),
empty aerosol cans, fluorescent tubes or
, high - intensity discharge lamps, sodium vapor
including, but not limited to, Univers
lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries
(rechargeable nickel- cadmium batteries, silver button batteries mercury bat , other
small
sealed lead acid batteries, alkaline batteries, carbon -zinc batteries and any
batteries which exhibit the characteristic of a hazardous waste), mercury thermometers,
mercury- containing switches, and all future amendments to any of them, or as defined
by Cal Recycle or the Department of Toxic Substances Control, or by their respective by two or more
successor agencies. If there is a conflict in the definitions emphle term I ardour
agencies having jurisdiction over hazardous or Solid Waste,
Waste" shall be construed to have the broader, more encompassing definition.
"Householder" means a person owning, renting or otherwise holding and occupying a
house or place of abode, including a trailer, apartment or motel unit with kitchen, singly
or with his or her family.
"Household Hazardous Waste" means materials generated at the premises of
Residential or Multifamily Customers that cannot be lawfully deposited in a Landfill,
such as dry cell household batteries; cell phones and o aDAs;pes d ides�herbic herb icides
filters, fluorescent light bulbs; E- Waste; cleaning p er, adhesives, and
insecticides, and certain paints, automotive products, solvents, stripper,
Universal Waste.
Miscellaneous debris" shall be deemed to include a ny and all trash, rubbish, debris or
other definitions, o e aor sslyd in cept dstherefrom, x ept deadf o
in ll or animal
excreta and garbage.
"Multi- Family Dwelling" or "MFD" means a buildiong re residenceor comple
containing multiple dwelling wets that house five (5)
ses and similar configured housing complexes are
complexes, condominiums, townhou
included.
°`Municipal Solid Waste means all fractions Sneofrubb Sri' ashes, semi
wastes, including garbage, trash, refuse, p p
vegetable Or solid wastes, an d other discarded in
ubstances o materials
6
"Recyclable Materials" is a part of the waste stream that can be reused or processed
into a form suitable for reuse through reprocessing or remanufacture, consistent with the
requirements of AB 939. The following list may be modified, by the mutual agreement
of City and Contractor memorialized in writing executed by both Parties. Recyclable
Materials includes, but is not limited to the following:
Aluminum cans;
2. Glass jars and bottles;
3. Steel, bi -metal and tin cans, and empty aerosol containers;
4. Plastic soft drink bottles an d other Type 41 containers (PET polyethylene
terephthalate);
er jugs an d other Type 42 containers (HOPE high
5. Plastic milk and wa
density polyethylene);
6 Type 93 plastic containers (V- polyvinyl chloride);
7 Type 44 plastic containers (LDPE -low density polyethylene);
g, Type #5 plastic containers (PP- polypropylene);
9 Type #6 plastic containers (PS- polystyrene);
10. Type 47 plastic containers (other and commingled);
11. Film plastic, e.g., plastic bags, shrink wrap; plastic toys and tools, and
other plastic materials (if readily identifiable as being recyclable);
12. PVC pipe;
cartons (aseptic packaging, Tetra Pak®, and waxed
13. Juice boxes and mills
cardboard);
14. Detergent containers;
15. Scrap metal, coat hangers and metal foil;
16. Newspapers an d telephone books;
17. Mixed paper (e.g., ledger, computer, jun ma il,
and no n-metallic paper wrapping back
.
bags books, cereal boxes, envelopes, paper shopping g
paper);
18. Corrugated cardboard and chipboard;
19. Chlorofluorocarbons (when collected as Bulky Items);
7
20. Tires (when collected as Bulky Items;) and
21. Wood (incidental scrap pieces if set out for collection with Green Waste,
and larger quantities when collected as Bulky Items ).
"Residential Customer" means a Customer at a detached dwelling, or each unit of a
duplex, triplex, or quadplex, a townhouse, a condominium unit or a mobile home of
permanent character placed in a permanent location.
"Self Haul" means the authorized removal of Municipal Solid Waste materials by a
owner, occupant or other person responsible for the day -to -day operation of an
individual single - family residential unit.
"Self Haul Permittee" means a Householder who holds a valid Self Haul permit from
i the City.
"Scavenging" means the unauthorized removal of Recyclable Materials. Scavenging is
prohibited by Public Resources Code § 41950.
"Streets" shall mean all dedicated public rights -of -way within the existing or future
corporate limits of the City.
"Storage" includes the accumulating, maintaining, dumping, abandoning, storing,
collecting or other gathering, stacking or piling, other than in a mercantile building or in --
a dwelling unit, which latter places shall be regulated by the fire prevention code.
° GUniversal Waste" means and includes, but is not limited to, Universal Waste
Electronic Devices" or "UWEDs," (i.e., electronic devices subject to the regulation of
the Department of Toxic Substances Control, 23 CCR. §§ 66273.1, et se and other
Universal Wastes, including, but not limited to non -empty aerosol can other scent
tubes, high intensity discharge lamps, sodium vapor lamps, and any p
exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel- cadmium
batteries, silver button batteries, mercury batteries, small sealed lead acid batteries
[burglar alarm and emergency light batteries] alkaline batteries, carbon -zinc batteries
and any other batteries which exhibit the characteristic of a hazardous waste), mercury
thermometers, and mercury - containing switches. Also see Section 15 of this Agreement.
„ Work Days" means the days Monday through Friday, during the hours of 7:00 a.m. to
5:00 p.m., which is the general period Contractor provides regular collection services.
(Amended during 1999 codification: prior code §§ 5402, 5415)
H
8.32.030 - Residential and Commercial Collection Services
A. To protect public health, safety and well -being and to prevent the spread of vectors, it is
unlawful a nd a public nuisance for a ny person to occupy, inhabit, maintain, or to be in
day -to -day control of any premises within the City for which arrangements have not
been made for regular collection and removal services for solid waste.
B, It shall be the duty of Residential and Commercial Customers to utilize containers as
provided by the city's contractor except for large, Bulky Items placed for collection
consistent with the requirements of the Contractor. Except when placed for collection or
ainer otherwise provided herein, no con lot orlparcello parkway f land other than in the rear or side
other public place or upon any private
yard of improved lots. Such containers sh ll be placed he day precede g ident l or Co shall rcial
Customer not earlier than six (6) p.
removed from the collection place not later than twelve (12) a.m. on the day after
collection.
C. Residential Customers:
1. When the Residential Customer's property is contiguous to a public alley; all
in one and the same location;
containers shall be placed at the alley property line
2. When the Residential Customer's property is not contiguous to a public alley; all
containers shall be placed in the public parkway or at the curb line in one and the
same location.
D. Commercial Customers and Multi- Family Dwellings:
1. When the rear or side of the esta bli s h me nt is accessible to Contr
to actor's
equipment and when personal injury property result
collection operation
placed at the rear, or when appropriate, , at he de he
establishment in one and the same location;
2. When the rear or side of the injury or property damage inaccessible to
to result from
equipment or when personal injury
the operation of contractor's equipment; all containers and articles for collection
shall be placed in the public parkway or curbside at one and the same location.
E. Temporary Bin or Box Service., city's Contractor(s) is /are the exclusive franchised
provider(s) and the only haulers) authorized to provide regularly scheduled and one-
time special container (bin or roll -off) service to any residential or commercial premises
requesting such service, provided however, that any Contractor(s) or other person may
haul, in their own trucks, and properly dispose of any debris from a jobsite in the city. If
the Contractor(s) or other person utilizes a waste hauling service, he must utilize the
services of the city's franchisee.
1. Encroachment Permit Required. Upon rental c a temporary bin or box, such
residential or commercial premises requesting g san eneroaclunent permit required
fee to s hall be
obtain a City encroachment permit and pay
temporarily place the bin or box in the public right -of -way.
8.32.040 - Miscellaneous debris. u tainers as
Miscellaneeousd debris, unless n st or piles not col
in excess of twos cu bi c yards total'
shall be stored or
which stacks or piles shall be: buildin structure or other
A. Separated from a ny other stack or pile and from any g' provided
combustible material by a sufficient distance so as not to create a fire hazard,
that in any event such separation shall at all times be not less than five (5) feet;
B. Shall not be located in any street, alley, parkway or other public place or in, or upon
any vacant or unimproved lot; and roved lots i a
C. Shall be located only after the same d also shielded from the view of shielded
i g
winds which may
properties and streets.
(Prior code § 5405)
8.32.050 - Other storage prohibited Private property composting.
Other than as hereinabove set forth it is unlawful for any person to dump or otherwise
dispose of or to store or accumulate any Municipal Solid Waste garbage, combustible or
noncombustible rubbish, miscellaneous debris or combined rubbish e any private may be perm property in
the city, except that the storage of leaves, grass clippings and the like itted for the
purpose e composting. The following rules and regulations are prescribed as health and safety
precautions for composting, and violation of any such rules or regulations shall be deemed to
constitute a misdemeano roved lots only, and
A. Location. Composting shall be located in rear or
other place, or in or upon any
shall not be located in any street, alley, p roved ro ert of the owner
private unimproved lot, unless such lot adjoins the imp p p y
thereof.
B. Contents. Composting shall consist only of organic waste materials such as eaves,
other vegetable matter except garbage.
small twigs, grass clippings and
C. Receptacles. Composting shall be contained and maintained in either: m which case the
1. A pit, hole or other earth depression excavated for such purpose, round level;
contents shall always be maintained below natural surrounding g
10
2. Shall be maintained in plastic, metal, or wood containers not in excess of three feet et of any
d within five in height. Such receptacles or pits shall not alo be m r ain a n d n open stacks r
property line or structure. Composting may s
piles not in excess of three feet in height from any property line or structure, acks or piles
t on ly in the event such st
are maintained not less than fifty ( ) least one
D Cove sting
of soMaintenan non o or chemical covering, f apps ved by he City
half Representative, designed to prevent the harboring of rodents, the breeding of flies and
the emission of odors. All composting must be kept moist at all times until
decomposition is completed. gro wth, or other twigs,
E. Miscellaneous Rules. No hardwood branches, second season
limbs or branches in excess of one
inch in diameter or two feet n length shall be
permitted in any composting.
(prior code § 5406)
8.32.060 - Dumping rubbish in public or private places. c ublic or private
ept as otherwise provided in this chapter, it is unlawful for any person to dump, discard,
Ex
vacant lot or in, on or upon a ny public street, alley,
deposit any Municipal Solid Waste in or upon any
abandon or otherwise d
property within the city, including any flood water channel, any channel or
parkway, park or other public place or in or upon any
sement or right -of -way for flood water
structure tributary to any flood water channel, ater might
any
channel purposes, or n or upon any place in the city where the natural flow of stormw
carry the same es any such flood water channel or structure.
(Prior code § 54 07)
8.32.070 - Duration of storage. Waste, in any
It is unlawful for any person to store or accumulate any Municipal length h of ti other
container or at any location other than as herenabove set forth, or for any gt
than as follows:
t be accumulated or stored for a period of time in
A. Municipal Solid Waste shall no
excess of:
rty -eight (48) hours. (Sundays an d holidays excepted).
1. Commercial zone areas: fo
2. All other areas: one week.
B, Combustible or noncombustible rubbish and miscellaneous debris shall not be stored or
accumulated for a period of time n excess of one week.
C. Combined rubbish shall not be accumulated or stored for a period of time in excess of:
1. Commercial zone areas: forty -eight (48) hours. (Sundays and holidays excepted.)
2. All other areas: one week.
11
D. The above periods of time which end in any week in which a holiday occurs are
extended one additional day.
(Prior code § 5408)
8.32.080 - Collection responsibility.
A. Except as otherwise provided in this chapter, it is unlawful for any person other than
the contractor as defined in this chapter, or the city, to gath esident al or rcommercial collect or
Municipal Solid Waste garbage or rubbish from rean resid or remove any bin,
premises within the city, or to tamp
container, or any other equipment used for refuse storage.
B. Exclusions. In all cases where the right to an exclusion pursuant to this chapter is
exercised, disposal shall be made at a transfer station, material recovery facility,
landfill, or other waste processing or disposal facility which meets all applicable
regulatory requirements an d may include the following:
1. Gardeners, roofers, and other "niche" recycling services for a permit to self haul Such
2. Self Hauling. Upon request, a householder may app y
municipal solid waste, recyclable materials, bulky waste and green waste.
permit will be issued as defined in Section 8.32.090 an d include a fee as described
in the City s fee schedule.
3. Vacant Properties. Any owner of vacant property who does not use the solid waste
collection services offered by the period contractor, for the C which, for a period of
vacant. Vacant property means any property
thirty (30) days or longer, shows no activity on the water meter.
(Prior code § 5409)
8.32.090 — Self Hauling Permits
A. permit required. Every Householder who desires to self -haul in lieu of making
arrangements for the collection of solid waste, recyclables and compostables shall
obtain a self -haul permit prior to commencing self - hauling.
B. Term. A permit to self -haul shall be good for one calendar year, or such part of the
calendar year that is remaining after the issuance of the permit. All self -haul permits An
shall expire on December 31, an d may be renewed e expirapon date oe the
renewal permit shall be filed at least 60 days prior to th
permit to allow adequate time for processing, inspection and verifications required to
issue the permit.
C. Issuance of permit. The City shall deem an application complete upon the production
of the items listed below:
12
1. Applicant files an application, on a form approved by the director, with all
required information supplied. Failure to provide all required information
will result in the director rejecting the application as incomplete.
2. The applicant produces for inspection the vehicle the applicant intends to use
for hauling solid waste, recyclables an d compostables, and the vehicle meets
the following standards:
a . The vehicle has the capacity to haul a minimum of 32 gallons (4.3
cubic feet) of solid waste, recyclables or compostables;
bles
b. The vehicle is capable of safely hauling�eds that such matter
and disposables in a safe and sanitary
will not spill, leak, drip, blow, scatter or fall from the vehicle;
C. If the vehicle is not fully enclosed, the applicant produces a tarp
or other material that will be used to completely secure the
materials being self - hauled.
3. The applicant produces evidence that he or she owns or leases the vehicle or
to use the vehicle for the hauling of solid waste,
has a written agreement
recyclables and compostables;
4. The applicant produces evidence that he or she has a valid California driver's
license to operate the vehicle produced for inspection and that the vehicle is
registered in the State of California;
5. The applicant provides the city with a certifi cate of automobile insurance for
the vehicle;
6. The vehicle is operational and meets all applicable Vehicle Code standards;
7. The applicant provides the city with proof that the applicant has containers for
the storage of solid waste, re cyclables and compostables on the applicant's
l
property before the materials are hauled to a disposal facility; and
8. The applicant pays the fee for aself- hauling permit l an °Ma ch 31 shall resolution
pay
of the City Council. permits issued between January
100 percent of the permit fee; permits issued between April 1 and June 30
shall pay 75 percent of the permit fee; permits issued July 1 and
d b
September 30 shall pay 50 percent of the permit fee; permits issued between
October 1 and December 31 shall pay 25 percent of the permit fee.
13
D. Appeal of denial. An applicant whose application for a self - hauling permit has been
denied may appeal that decision. An appeal may be filed with the city clerk within
ten (10) days of the date the applicant was notified of the denial. Appeals shall be
heard by the city manager. The decision of the city manager is final.
E. Operational standards.
1. Self Haul Permittees shall dispose of Municipal Solid Waste licensed or
and shall procure and retain weekly receipts from any
permitted landfill or other licensed or permitted disposal facility.
Receipts shall be submitted to the city for the preceding one - quarter
calendar year on a quarterly basis upon reasonable request by
appropriate city authority. Failure to show proof of Municipal Solid
Waste disposal for each week that a person is permitted to self -haul
shall constitute a public health and safety nuisance sufficient to
permit city to revoke the permittees' self - hauling permit.
the vehicle
2. Self Haul Permittees must notify the city of any
being used to haul solid waste, recyclables or compostables by the
permittee. Self Haul Permittees shall bring the new vehicle in for an
inspection and demonstrate compliance with items 2. through 6.of
paragraph C. of this section before the new vehicle is used to haul any
materials under the permit.
3. Self Haul Permittees shall keep on file with the city copies of the
current automobile insurance and registration for the vehicle used to
self -haul and the permittee's current California driver's license. Self
Haul Permittees shall provide proof to city of renewed automobile
insurance, vehicle registration, and California driver's license within
five days of expiration of respective document.
4. Self Haul Permittees shall separate and bag Municipal Solid Waste.
5. Self Haul Permittees shall be liable for any damages and clean up
costs resulting from any solid waste, recyclables or compostables
spilling, leaking, dripping, blowing, scattering or falling during the
course of the permittees' self - hauling activity.
F. Revocation of permit. The permit shall be subject to revocation if the Self Haul
notice revocation shall be
Permittee violates any provision of this chapter.
mailed to the Permittee informing them that thei r self - haunll ing permit is being
revoked, identifying the violations of this chapter that have occurred, and informing
tothe
t h e permittee t h a t he or she has t h e right to dispute the revocation by an aapesl of the
city manager. An appeal of a revocation must be filed within five (5) y
mailing of notice of the revocation. A revocation appeal hearing will be scheduled
within ten (1 0) days of the date the city receives the request for an appeal. The city
14
manager will issue a decision on the appeal within five days of the hearing and
provide the permittee written notice of the decision. The decision of the city manager
on the appeal shall be final.
8.32.100 – Franchise — Garbage and Rubbish Collection Charges.
The city may from time to time enter into contracts or exclusive, non - exclusive or partially
exclusive franchise agreements regarding the collection of Municipal Solid Waste from
commercial and residential property. So long as any such contract or franchise agreement
remains in force, collection of the materials provided for therein may be made only in
accordance with the terms and conditions thereof.
There are fees an d charges for the collection, removal and disposal of Municipal Solid
Waste within the city. Such fees an d charges for such collection, removal and disposal services
shall be those which are set by the Contractor and capped by the City as established by the
terms and conditions of a franchise agreement approved by the City Council.
The occupant of each place or premises shall be primarily liable for payment of all such
fees and charges. Should the occupant thereof fail to pay all such fees and charges before the
same become delinquent, then and in such event the owner of such place or premises shall be
liable for the payment of all such fees and charges, including any delinquency.
(Prior code § 5410)
8.32.110 - Billing and Collecting.
Every residential occupant or owner of property in the city shall be billed periodically in
advance, either monthly or quarterly, by the contractor, for the charges incurred by the
collection of garbage, rubbish and other refuse. Commercial accounts shall be billed to the
customer on the first of the month for the previous month's service.
A. Should any Residential Customer fail, refuse or neglect to pay any such bill within
sixty (60) days after the date that the same is rendered, then in that event a penalty may
be applied as farther described in the City's franchise agreement for collection
services.
B. Should any Commercial or Multi - Family Customer fail, refuse or neglect to pay 'any
such bill within thirty (30) days after the date that the same is rendered, then in that
event a penalty equal may be applied as further described in the City's franchise
agreement for collection services.
C. Should the Residential, Commercial or Multifamily Customer of any property in the
city, fail or refuse to pay in accordance with the provisions hereinabove the fee
assessed for the collection of Municipal Solid Waste, the failure to pay may not result
in the noncollection of rubbish and other refuse. In the event that there is
nonpayment, the contractor shall cause collection of such nonpayment to be made,
including the expenses and charges of collection, including penalties.
15
D. The contractor shall make all reasonable efforts to diligently pursue and collect all fees
and charges due the contractor for rendering such services. In event of delinquency, the
contractor shall also notify, in writing, the owner of the property.
E. G. Any Residential, Commerical or MultiFamily Customer, who has been billed for
refuse collection service, and who desires to contest the extent, degree or
reasonableness of the charges, shall make payment of such charges under protest and,
at the same time, file a written statement of such protest to the contractor. Within thirty
(30) days after the date of filing, the contractor shall notify the protestant of his or her
findings and adjudication and adjustment in the matter.
(Prior code § 5410.1)
8.32.120 - Collection and Removal — Additional Requirements.
A. No person shall, for hire, collect, gather, remove, transport or carry any Municipal Solid
Waste from any premises in the city, over, on or through any public street, alley or parkway
of the city without first having a city business license and franchise with the city to collect
and remove the same. No such license shall be issued until the City Manager shall cause to
have inspected and approved the collection vehicles.
B. The foregoing limitations set forth in this section shall not apply to the hauling or disposal
of grass clippings, prunings, trees and other discarded materials shall have been occasioned
by and the hauling or disposal thereof is incidental to a separate and distinct business
operation, such as that of tree trimmers, gardeners and builders.
C. No collector of garbage, combustible or noncombustible rubbish, miscellaneous debris or
combined rubbish shall drop or spill or permit to be dropped or spilled any such matter on
any private or public property in the city during the course of collection.
D. Collection shall not be conducted by any person other than between six a.m. and five p.m.
nor shall collection be conducted on Sundays or legal holidays.
E. Each truck, van, trailer or other vehicle used for collection for hire shall bear the name of
the owner or operator thereof set out legibly in letters not less than three inches in height
and permanently imprinted on the exterior door or paneling in a place readily viewable, in
contrasting color.
F. No collection vehicle shall remain stopped or standing on any public street for any period
of time in excess of fifteen (15) minutes at any one location, without first having informed
the Chief of Police or other officer designated by the City Council of the intention to do so.
G. Every collection vehicle shall comply with all laws, including the traffic regulations of this
city, of the state of California, and of other applicable agencies.
16
H. No person shall collect, gather, remove, transport or carry a ny garbage, combustible or om any
noncombustible rubbish, miscellaneous debris or c ombine street alley h pa of the city
premises in the city over, on or through any p
without first having furnished satisfactory evidence to the
Ci nsed go d s pe rson
n the
carries at all times public liability insurance with a company lice
state of California covering liability for injuries or deaths and property damage, arising out not less than Ten
of or in connection with the operations
and p
Million Dollars ($5, 000 000. 0) per
Million Dollars ($10,000,000.00) aggregate per occurrence and
occurrence, per year. Coverage over One Mill may p
D s be 1 0 O,d000) per an excess or
Two Million Dollars ($2,000,000) in the aggregate y
umbrella policy.. The City Clerk shall not issue any business license to any person who is
subject to the foregoing requirements and who fails to comply therewith, an d shall revoke
an y business license issued to any such person who so fails to comply.
(Amended during 1999 codification; prior code § 5411)
8.32.130 - Miscellaneous disposal prohibitions.
It is unlawful for any person to bury any garbage, combustible or noncombustible rubbish,
ion in the
miscellaneous debris or combined rubbish or to place the S B Wan any orpex av t oo leaves,
city, whether on private or public property. g,
clippings or similar debris into a public street or alley is prohibited.
(Prior code § 5412)
8.32.140 - Special permits.
The City Council declares that there may from time to time occur situations where unusual
or business lot
topography, land improvements, or other conditions exist on an in order ti provide adequate
Which render some of the provisions of this chapter unnecessary
protection against air pollution, fire hazard, rat infestation, the breeding of flies, the orderly
collection of rubbish, an d other problems relating to the health, welfare and safety of the
residents of this city.
file at a y l nation with th City Manager pe rson
It is therefore provide o r exe mption or exception
prem ises in this c it y may pp the attention
of he City Manager, honshall c haPte
authority to g
rant such sh al l
x eptons
sed on
from an y of the requff' such application his or her findings as to the effect of such exceptions on the intent expressed in
the legislative policy of this chapter and as the same may relate to the orderly collection of
. Such exceptions may be granted by way of a special permit which hi s
rubbish within this city o
aforementioned City Manager,
be effective until revoked by action of the
revocation the provisions of this chapter shall immediately be in force and effect with regard to
such premises; provided, however, that no exemption or exception shall be granted as to Section
8.32.060 or 8.32.110.
(Prior code § 5413)
17
8.32.150 - Conflict of provisions.
Pursuant to the provisions eles, entitled "An Ordinance Regulating ing and Licensing O
Bus ness
5860 of the County of Los Ang
and Other Activities," is adopted as a part of this code. To the extent that the provisions of s
chapter, or of any franchise agreement entered into with a contractor pursuant to the provisions
of this chapter shall conflict with said Ordinance No. 5860, the provision of this chapter and of
such franchise agreement shall control.
(Prior code § 5414)
8.32.160 - Collection and transportation of municipal solid waste and recyclable materials
by unauthorized persons prohibited.
A. No person, place o p h than employee e Cor
from any p e tY�any material, as h as defined by S re
832.020, p laced within the city's right -of -way or in the vicinity of any curb or refuse bin
for collection. Violation of this provision shall be an infraction with a maximum fine of
two hundred fifty dollars ($250.00.)
B. Removal. In the event the City determines that the condition or placement of a bin
constitutes a dangerous condition or obstruction, or that a bin has been placed in the public
right -of -way without a valid franchise, the City may cause the bin to be removed
summarily and without a hearing. An administrative citation shall be served upon the
person who owns the bin within twenty four (24) hours of removal and if the owner cannot
be identified, the bin shall be treated as abandoned property.
Section 3. Publication The City Clerk shall certify as to the adoption of this Ordinance
ary thereof to be published within fifteen (15) days of the adoption and
and shall cause a sunnn the vote
Office of the er co f this a with Government t Code Section 36933
the same, in the
shall post a
PASSED AND ADOPTED this 14" day of May, 2013, by the following vote:
YES:
NO:
ABSTAIN:
ABSENT:
18
Po I,o
Mayor lly
ATTEST:
$ D
1oria Molleda
City Clerk
APPROVE AS TO FORM:
Aache
Richman
City Attorney
19
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 930 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 23rd of April, 2013. That after said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 14th of May, 2013 by the
following vote to wit:
Yes:
Alarcon, Armenia, Clar, Low, Ly,
No:
None
Abstain:
None
Absent:
None
Gloria Molleda
City Clerk
ORDINANCE NO. 929
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD, CALIFORNIA,
SETTING SPEED LIMITS IN ACCORDANCE
WITH THE CALIFORNIA VEHICLE CODE
WHEREAS, California Vehicle Code sections 22357 and 22358 authorize
local agencies to change speed limits on local streets by ordinance, which
ordinance need not be made a part of the Municipal Code but which must be
based on findings made in an engineering and traffic survey; and
WHEREAS, in 2012, the City's traffic engineering consultant completed a
citywide engineering and traffic survey on various streets throughout the City; and
WHEREAS, the City's Traffic Commission completed two (2) public review
meetings on February 7, 2013 and March 7, 2013 to discuss findings and
recommendations contained in the engineering and traffic survey; and
WHEREAS, the City Council desires to adopt the speed limits suggested by
the engineering and traffic survey and, where applicable, to revise current speed
limits to conform to the engineering and traffic survey so as to regulate traffic in a
safe and efficient manner.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Mod ified Soeed Limit for City S treets. Based on the
engineering and traffic survey completed by the City in 2012, the speed limits for
various streets and highways in the City are hereby set to, conform to the
recommendations made in the City survey, a copy of which is attached hereto as
Attachment "A."
SECTION 2. Unmodified Screed Limits With respect to any speed limit
for any street or highway in the City not modified by Section 1, the speed limit in
effect prior to the adoption of this ordinance shall remain in effect.
SECTION 3. Severabfifty The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of
competent jurisdiction shall hold any sentence, paragraph, or Section of this
Ordinance to be invalid, such decision shall not affect the validity of the
remaining parts of this Ordinance.
SECTION 4. Certification• The City Clerk shall certify to the adoption of
this ordinance and shall cause the same to be posted as required by law.
SECTION 5. Notice This Ordinance shall be in full force and effect thirty
(30) days after its passage. Within fifteen (15) days after adoption of this
Ordinance, this Ordinance shall be published at least once in a newspaper of
general circulation published and circulated in the City of Rosemead.
PASSED, APPROVED AND ADOPTED THIS 9 DAY OF APRIL, 2013.
Polly Lo
Mayor O�
ATTEST:
Gloria Molleda
City Clerk
.APPROVE AS To FORM:
6ezL
achei Richman
City Attorney
E
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing ordinance No. 929 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 26th of March, 2013. Thereafter said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the gth nd of January, 2013 by
the following vote to wit:
Yes: Alarcon, Armenta, Clark, Low, Ly,
No: None
Abstain: None
Absent: None
Gloria Molleda
City Clerk
ORDINANCE NO. 926
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING GENERAL PLAN AMENDMENT 11 -02, CHANGING THE
CURRENT DUAL LAND USE DESIGNATIONS FROM COMMERCIAL
AND MEDIUM DENSITY RESIDENTIAL TO MEDIUM DENSITY
RESIDENTIAL DESIGNATION AND APPROVING ZONE CHANGE 11 -02
CHANGING THE DUAL ZONING CLASSIFICATIONS FROM P
(PARKING) AND R -2 (LIGHT MULTIPLE RESIDENTIAL) ZONES TO R -2
MULTIPLE RESIDENTIAL) ZONE, LOCATED 2751 DEL MAR
AVENUE APN
WHEREAS, on July 19, 2011 Hieu Ngoc Hguyen submitted applications
requesting a General Plan Amendment and a Zone Change in order to eliminate the
dual land use designations and dual zoning classifications for 2751 Del Mar Avenue;
and
WHEREAS, approval of General Plan Amendment 11 -02 would reclassify the
land use designation as Medium Density Residential and Zone Change 11 -02 would
reclassify the zoning classification to R -2 (Light Multiple Residential) zone for the
property located at 2751 Del Mar Avenue; and
WHEREAS, Section 65358 of the California Government Code allows the City
Council, as a legislative body, to amend all or part of the City's adopted General Plan
when it is deemed in the public interest; and
WHEREAS, the City of Rosemead has an adopted Zoning Ordinance and
associated maps, including specific development standards to control development; and
WHEREAS, State Planning and Zoning Law, Title 17, and Chapter 17.116 of the
Rosemead Municipal Code authorizes and sets standards for approval of Zone Change
applications and governs development of private properties; and
WHEREAS, Section 17.116.010 of the City of Rosemead Municipal Code
authorizes the City Council to approve Zone Change applications whenever the public
necessity, convenience, general - welfare or good zoning practices justify such action;
and
WHEREAS, City of Rosemead policy encourages consistency of its Zoning Code
with the General Plan and promotes separation of conflicting land uses through good
planning practices; and
WHEREAS, on November 19, 2012, the City of Rosemead Planning Commission
considered General Plan Amendment 11 -02 and Zone Change 11 -02 and
recommended approval to the City Council after the Commission made findings that the
proposed application with the incorporated mitigation measures will not have a
significant impact on the environment; and
WHEREAS, on November 19, 2012, the Planning Commission held a public
hearing to receive testimony, and after hearing all testimonies from the public, the
Commission recommended approval to the City Council of General Plan Amendment
11 -02 and Zone Change 11 -02; and
WHEREAS, on November 19, 2012, the Planning Commission adopted
Resolution 12 -21, thereby recommending approval to the City Council of General Plan
Amendment 11 -02 and Zone Change 11 -02; and
WHEREAS, on November 29, 2012, thirty-seven (37) notices were mailed to all
owners of real property as shown on the latest equalized assessment roll within 300 feet
of the real property subject to General Plan Amendment 11 -02 and Zone Change 11 -02,
a notice was published in the Rosemead Reader on November 29, 2012, and notices
were posted in six (6) public locations, specifying the availability of the application,
Mitigated Negative Declaration, plus the date, time and location of the public hearing
pursuant to California Government Code Section 65091(a) (3); and
WHEREAS, on December 11, 2012, the City Council held a public hearing to
receive public testimony relative to General Plan Amendment 11 -02 and Zone Change
11 -02; and
WHEREAS, the City Council has sufficiently considered all testimony presented
to them and hereby make the following determination:
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Rosemead as follows:
SECTION 1 . The City Council hereby makes a finding of adequacy with the
Mitigated Negative Declaration and HEREBY ADOPTS the Mitigated Negative
Declaration, as the environmental clearance for General Plan Amendment 11 -02 and
Zone Change 11 -02.
SECTION 2. The City Council HEREBY FINDS AND DETERMINES that
General Plan Amendment 11 -02 is in the best interest of the public necessity and
general welfare, and good city planning practice dictates and supports the proposed
General Plan Amendment, in that it eliminates the dual land use designations from
Commercial and Medium Density Residential to Medium Density Residential
designation for 2751 Del Mar Avenue.
SECTION 3. The City Council FURTHER FINDS AND DETERMINES that Zone
Change 11 -02 is consistent with the Rosemead General Plan as follows:
A. Land Use: The proposed zoning will be consistent with the land use
designation of the General Plan. According to the Zoning Ordinance /General Plan
Consistency Matrix (Table LU -2) of the General Plan, the Medium Density Residential
land use designation is consistent with the R -2 (Light Multiple Residential) zone.
B. Circulation: The project proposes to demolish a single family residence
and construct a building for use as a Buddhist Temple with permanent living quarters
onsite. The current use of the site will remain as it was approved in 1987.
C. Housing: The proposed zone change will only eliminate the dual zoning
designations. The project proposes to replace the existing Buddhist Temple with a new
building. The project proposed to serve the same number of guests as the site currently,,
serves. No change in population growth is expected with the project. The current
property provides one housing unit. The proposed Temple will continue to provide
housing for one resident.
D. Resource Management: The proposed project will replace the existing
Buddhist Temple with a new building. The proposed project will not result in any
change of natural resource as it is located within an urbanized area.
E. Noise: The project is located in an urbanized area adjacent to Del Mar
Avenue and is approximately 200 feet from Garvey Avenue. The existing noise levels
onsite are due to the onsite activities associated with the used of the existing Buddhist
Temple, the traffic on Del Mar and Garvey Avenues, and daily activities of the
residential and commercial uses surrounding the site. The noise that will be generated
by the proposed Buddhist Temple will be similar to the noise levels generated by the
existing Buddhist Temple.
F. Public Safety: Police protection is currently provided by the Los Angeles
County Sheriff Department. Fire protection is currently provided by the Los Angeles
County Fire Department. Replacing the existing Buddhist Temple with a new building
that meets new building codes, will provide a higher level of public safety. The new
project has a low potential for police calls for service.
SECTION 4 . The City Council hereby AMENDS the City's zoning map to change
the zoning of the parcel located at 2751 Del Mar Avenue (APN: 5285 - 035 -047) from P
(Parking) and R -2 (Light Multiple Residential) zone to R -2 (Light Multiple Residential)
zone and DIRECTS City Staff to make the appropriate change to the official zoning map
SECTION 5. The City Clerk shall certify to the passage of this Ordinance.
PASSED, APPROVED, AND ADOPTED this 8 day of Januar, 2013.
ATTEST:
loria o leda
City Clerk
Z O�V D AS FO
Rachel H. Richman, City AUUMtjy
Burke, Williams & Sorensen, LLP
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the City
Council of the City of Rosemead at a meeting held on the 8 day of January, 2013, by
the following vote:
YES: ALARCON, ARMENTA, CLARK,LOW, LY
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
d
J10na Molleda
City Clerk
ORDINANCE NO. 92
AN ORDINANCE OF THE CITY OF ROSEMEAD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, APPROVING MUNICIPAL CODE
AMENDMENT 12 -01, ADDING NEW CHAPTER 5.41 TO THE
ROSEMEAD MUNICIPAL CODE PERTAINING TO THE LICENSING
AND REGULATION OF HOME OCCUPATIONS; AND AMENDING
CHAPTERS 17.16, 17.20, 17.24, AND 17.74 OF THE ROSEMEAD
MUNICIPAL CODE PERTAINING TO THE ZONING REQUIREMENTS
FOR HOME OCCUPATIONS.
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 to allow home occupations in
the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium
Multiple Residential), and RC -MUDO (Residential /Commercial Mixed Use Development
Overlay) zones upon the approval of a Home Occupation Business License.
A. The City Council of the City of Rosemead wishes to expand business
opportunities for residents who desire to conduct home occupation activities from their
residence in a manner in which is compatible with residential neighborhoods; and
B. The City Council finds that permitting home occupations that are incidental
and subordinate to the use of the property as a residence is of benefit to the City
because it will help the local economy by enabling residents to establish home
occupations, and will decrease the need of residents to commute to jobs outside the
City; and
C. The City Council finds that it is necessary and appropriate to provide
uniform and comprehensive procedures for the regulation of home occupations to
protect and preserve the quality and character of the residential areas in the City, and
the quality of life through effective land use planning; and
D. It is the purpose and intent of this Ordinance to establish restrictions,
conditions, and regulations for home occupations to assure that the residential
commercial activities will not disrupt, become a nuisance, disturb, or modify the
residential character of the neighborhoods; and
E. The proposed amendment would not be detrimental to the public
convenience, health, safety, or general welfare of the City, and
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 12 -01.
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 12 -01 is in the best interest of the public necessity and
general welfare, and good City planning practice dictates and supports the proposed
municipal code 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 FINDS AND DETERMINES that it is
necessary and appropriate to provide a uniform and comprehensive set of regulations
for the establishment of home occupations in residential zoning districts. The
regulations are intended to provide appropriate oversight for commercial activities taking
place in residential zones. The regulations are designed to ensure that residential
commercial business activity will not disrupt, become a nuisance, disturb, or modify the
character of the residential areas within the City of Rosemead.
SECTION 5. The City Council FURTHER FINDS AND DETERMINES that
Municipal Code Amendment 12 -01 is consistent with the Rosemead - General Plan as
follows:
Municipal Code Amendment 12 -01 is consistent with the Rosemead General
Plan Land Use Goals and Policies. Since a home occupation would be an incidental,
accessory use to the primary use of residential property, the approval of home
occupation regulations would not alter the purpose or intent of the residential land use
categories in the City: The adoption of a unified set of regulatory standards for home
occupations is consistent with Land Use Goal 5 to target land use changes that improve
housing and economic opportunities for residents and businesses and achieve fiscal
and environmental objectives.
The public necessity, convenience, and general welfare will be served by the
adoption of the home occupation regulations that provides for a ministerial licensing
process that requires the residential business activity to comply with standards that
restrict use, location, employees, vehicles, traffic, appearance, storage, and nuisances.
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 6. Code Amendment. Chapter 5.41 (Home Occupations) shall
be added to Title 5 of the Rosemead Municipal Code to read as follows:
2
Chapter 5.41 HOME OCCUPATIONS
SECTIONS:
5.41.010
Purpose and Intent.
5.41.020
License required.
5.41.030
License renewal.
5.41.040
License is nontransferable.
5.41.050
Application submittal.
5.41.060
Process and procedure.
5.41.070
Review authority.
5.41.080
Accessory use.
5.41.090
General requirements.
5.41.100
Prohibited uses.
5.41.110
License revocation.
5.41.120
Appeals.
5.41.130
Reapplication after revocation.
5.41.140
Violations.
5.41.010 Purpose and intent.
These regulations are provided so that certain incidental and accessory uses may be
established in residential neighborhoods as home occupations under conditions that will
ensure their compatibility with the neighborhood.
5.41.020 License required.
A. No person may establish or operate a home occupation within the City without
first obtainind, and continuing to maintain in full force and effect, a Home
Occupation Business License. The issuance of a Home Occupation Business
License shall satisfy the requirement of this code that every applicable business
obtain a business license.
B. Every Home Occupation Business License is subject to the requirements of this
chapter, and the regulations of the zoning district in which the business is
located.
C. A request for a Home Occupation Business License must be accompanied by a
Home Occupation Business License Application, completed in full detail with the
required current information set forth in Section 5.41.050.
D. A Home Occupation Business License is valid for a period of one (1) year from
the date of issuance.
E. If a Home Occupation Business License is not renewed, the Home Occupation
Business License shall become null and void.
3
5.41.030 License renewal.
A. A Home Occupation Business License must be renewed on an annual basis,
provided that the owner and the business continues to meet all applicable
requirements set forth in this chapter.
B. A request for license renewal must be accompanied by an updated Home
Occupation Business License application, completed in full detail with current
information.
C. The application and appropriate fee must be received by the City at least 30
calendar days prior to the expiration of the existing license.
D. The City will process a request for a license renewal in the same manner as the
original application.
5.41.040 License is nontransferable.
A Home Occupation Business License shall not be transferable.
5.41.050 Application submittals.
A. Application. Any person desiring to obtain a Home Occupation Business License
must submit an application to the Community Development Director or his /her
designee on the form provided by the City. The application must contain the
following information and the following items:
1. Home Address
2, Applicant Name
3. Business Name (DBA)
4. Type and Description of Business.
5. Telephone Numbers (Home, Office, and Mobile)
6. Property Owner Name
7. Property Owner Address
8. Property Owner Telephone Numbers (Home and Mobile)
9. Size of Home in Square Feet
10. Size of Area to be used for Home Occupation in Square Feet
11. Site Plan and Floor Plan showing location of business
12. Location of this Area (Home or Garage)
13. Emergency Contact Information (Name and Phone Number)
14. Proof of Residence (grant deed, property tax bill, or picture identification)
15. A renter or lessee shall provide the lease contract, signed owner's
approval on the Home Occupation Business License Application, and a
copy of his/her tax bill or grant deed
16. A renter or lessee shall provide picture identification
17. Every business owner shall sign a declaration on the application
acknowledging their understanding and indicating their intention to comply
with the operation requirements of this chapter
B. Application fee. A fee, as established by Council resolution, shall be paid upon
filing of such application.
5.41.060 Process and procedure
A. Investigation. Following the submission of a completed application form, as well
as all documents, materials, and fee required under Section 5.41.050, the
Community Development Director, or his /her designee, will promptly undertake a
review and evaluation of the applicant's proposal for the purpose of verifying the
proposal's compliance with the requirements and conditions of this Chapter, as
well as its consistency with zoning requirements of Title 17 of the Rosemead
Municipal Code and the City's General Plan. Within fourteen (14) days after the
filing of the application, the Community Development Director, or his /her
designee, shall issue the license or a written statement shall be sent by certified
mail to the applicant, setting forth the reasons for denial of the license.
B. Approval. The Community Development Director, or his /her designee, shall issue
the license if he or she makes all of the following findings:
1. That the proposed home occupation is consistent with the zoning
requirements of Title 17 and the City's General Plan;
2. That the proposed home occupation is consistent with the home occupation
requirements and conditions of this Chapter and all other applicable Municipal
Codes;
3. That no substantial evidence has been received which would indicate that the
information contained in the application and supporting data is not true; and
4. That the applicant has agreed in writing to abide by and comply with all the
conditions of the license and applicable laws.
C. Denial. An application for a Home Occupation Business License shall be denied
for any of the following reasons:
1. The application is incomplete and does not contain the required information,
documents, materials, and fee required under Section 5.41.050;
2. An applicant has made one or more material misstatements in the application;
3. That the home occupation business, if licensed, will not comply with all
applicable laws including, but not limited to, requirements and operation
conditions of this Chapter, zoning requirements of Title 17, and all other
applicable municipal codes; or
4. An applicant has had a license revoked for cause by the City within two (2)
years of the application date;
5.41.070 Review authority.
The Community Development Director, or
Occupation Business License that would
chapter and the zoning requirements of Title
his /her designee, may only issue a Home
be operated in full compliance with this
17 of the Rosemead Municipal Code.
5.41.080 Accessory use.
Home occupations consistent with the requirements of this chapter are permitted as an
accessory use to a residential use in compliance with residential permitted uses
contained in Chapter 17,16 R -1 Single- Family Residential Regulations, Chapter 17.20
R -2 Light Multiple Residential Regulations, Chapter 17.24 R -3 Medium Multiple
Residential Regulations, and Chapter 17.74 RC -MUDO Residential /Commercial Mixed
Use Development Overlay Regulations.
5.41.090 General requirements.
The establishment and conduct of home occupations shall comply with the following
requirements:
A. All home occupations shall be conducted only within the enclosed area of the
dwelling and shall be clearly incidental to the residential use of the structure. The
business may be located in a garage, provided all off- street parking for the
applicable zoning district is met,
B. There shall be no outdoor display, sales or storage of materials or equipment
related to the home occupation on the premises.
C. There shall be no exterior evidence of the conduct of a home occupation.
D. The principal character or use of the dwelling within which the home occupation
is conducted shall in no way be altered (by the use of color, materials,
construction, lighting, signs, sounds, noises, vibrations, display of equipment,
etc.) so that it may be reasonably recognized as serving a non - residential use.
E. No motor or mechanical equipment shall be permitted other than that normally
incidental to the residential use of the structure, including but not limited to power
tools, wood and metal working equipment, auto repair tools and equipment and
any other tools or equipment that require a compressor, electrical power or which
cause a substantial emanation of noise.
F. Home occupations may not generate pedestrian or vehicular traffic beyond that
considered normal within the surrounding neighborhood.
G. No storage of materials and /or supplies, indoors or outdoors, shall be permitted
that will be hazardous to surrounding neighbors or detrimental to the residential
character of the neighborhood.
10
H. No more than two hundred (200) square feet of the residence shall be employed
for the use of the home occupation.
Electrical or mechanical equipment that creates visible or audible interference in
television or radio receivers or causes fluctuations in line voltage outside of the
dwelling unit shall be prohibited.
No home occupation activity shall create dust, electrical interference, fumes, gas,
odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or
solid waste or other hazards or nuisances other than that normally incidental to
residential use of the structure. Home occupations shall not create any other
negative effect that may be felt, heard, or otherwise sensed on adjoining parcels,
as determined by the Community Development Director.
K. Activities conducted and equipment or materials used shall not change the fire
safety or occupancy classifications of the premises. The use shall not employ the
storage of flammable, explosive, or hazardous materials.
L. Required residential off - street parking shall be maintained.
M. There shall be no motor vehicles used or kept on the premises, except residents'
passenger vehicles, and one (1) commercially licensed automobile, pick -up truck,
or van. Furthermore, the commercial vehicle shall not exceed 3 /4 ton.
N. Any employees associated with the home occupation must be full -time residents
of the dwelling. Proof of residency will be required at any time upon request by
the City.
O. Examples of - acceptable home occupations, provided they do not violate any of
the provisions of this Chapter include, but are not limited to:
1. Professional office for an architect, accountant, realtor, or sales
representative.
2. Consulting businesses (provided all work is picked up and delivered to the
client by resident).
3. Artist or author (provided all work is picked up and delivered to the client by
resident).
4. Businesses such as home crafts are allowed if the home crafts are sold off-
site (i.e. retail store, etc.).
6.41.100 Prohibited uses.
The following list presents examples of commercial uses that are not incidental to or
compatible with residential activities, are suitable only in nonresidential zoning districts,
and are therefore prohibited as home occupations:
• Wholesale and retail sales (e.g. automobiles, merchandise, herb and /or
pharmaceuticals, guns and /or ammunition, etc.);
• Dating services;
• Adult businesses;
• Fortunetelling, palm reading, psychics, and similar activities;
• Massage services;
• Hair, nail, facial, and similar personal care;
• Medical and dental offices;
• Vehicle repair (body or mechanical), towing, or automobile detailing (e.g.,
washing, waxing, tinting, etc.) at the site of the home occupation;
• Plumbing, machine, or sheet metal works;
• Carpentry shops;
• Contractor storage yard;
• Testing; maintenance, repair, towing or storage of any boat, aircraft, or motorized
vehicle;
• Laundering of clothes or other articles; and
• Animal kennels or breeding.
5.41.110 License revocation.
A. Grounds for Revocation. The Community Development Director may revoke a
Home Occupation Business License when:
1. Any of the applicable requirements of this chapter ceases to be satisfied; or
2. There is any criminal activity associated with the residence.
3. The application is discovered to contain incorrect, false or misleading
information; or
4. The home occupation has been operated in violation of any of the
requirements,of this chapter and:
a) If the • violation is of a continuous nature, the business continues to be
operated in violation of such provision for more than 15 days following the
date written notice of such violation is mailed or delivered to the operator;
or
b) if the violation is of a non- continuous nature, one or more additional
violations of the same provision, or two (2) or more violations of any other
of the provisions, of this chapter occur within any 12 -month period.
B. Notice of Revocation.
1. Upon determining that grounds for license revocation exist, a formal written
notice of the proposed revocation will be provided to the owner.
2. Such notice must summarize the principal reasons for the proposed
revocation, and state that the revocation will become effective on the 20th
day after the notice was deposited in the U.S. mail, unless the owner files an
appeal under Section 5.41.120.
3. The notice must be delivered both by posting the notice at the location of the
home occupation business, and by sending the same, by certified mail, to the
owner as that name and address appears on the license.
5.41.120 Appeals.
A. Any interested person may appeal a decision- of the Community Development
Director regarding the denial or revocation of a Home Occupation Business
License by filing a complete notice of appeal with the City Clerk within ten (10)
days from the date notice of such decision is mailed. To be deemed complete,
the appeal must:
1. Be in writing and state the grounds for disagreement with the Community
Development Director's stated decision;
2. Include the address to which notice is to be mailed;
3. Be signed under penalty of perjury; and
4. Be accompanied by the filing fee established by City Council resolution.
B. If an appeal is timely filed, the City Manager, or his /her designee, will hear the
appeal and the City Clerk will cause to be set a date for the hearing of the appeal
not more than 30 days from the date the appeal is received. -
1. The hearing will be a de novo hearing on the action which is the subject of the
appealed.
2. At the hearing, the appellant will have the right to offer testimonial,
documentary and tangible evidence bearing upon the issues.
3. The City Manager, or his /her designee, will not be bound by the formal rules
of evidence..
4. Any hearing under this Section may be continued for a reasonable time for
the convenience of a party or a witness.
C. The City Manager, or his /her designee, will issue written findings and a decision
within 15 days of the conclusion of the hearing, and send notice of the decision
by certified mail to the appellant. The notice of the decision must include
reference to the appellant's right to prompt judicial review under California Code
of Civil Procedures Section 1094.8.
D. The action by the hearing officer will be final unless timely judicial review is
sought pursuant to California Code of Civil Procedures Section 1094.8..
5.41.130 Reapplication after revocation.
No person may obtain a Home Occupation Business License for two (2) years from the
date any order of license revocation affecting such person has become final.
5.41.140 Violations.
A. Any owner of a home occupation business violating or permitting the violation of
any of the provisions of this chapter will be subject to any and all civil remedies,
including license or license revocation. The administrative citation process and
any and all remedies provided herein are cumulative and not exclusive.
B. In addition to the remedies set forth in division (A), any home occupation
business operating in violation of these provisions is hereby declared to
constitute a public nuisance and, as such, may be abated or enjoined from
further operation.
C. The regulations imposed under this chapter are part of a regulatory licensing
process, and any violation of this chapter does not constitute a criminal offense.
Notwithstanding any other provision of this code, the City does not impose a
criminal penalty for violations of this chapter related to expressive activities.
SECTION 7. Code Amendment. Title 17 (Zoning), Chapter 17.16
(Single - Family R -1 Regulations), Section 17.16.020 (Permitted Uses) of the Rosemead
Municipal Code is hereby amended as follows:
A. A one - family dwelling, subject to the lot designations and regulations contained in
Ch. 17.84
B. The accessory buildings necessary or incidental to such use located on the same
lot or parcel of land including a private garage, the capacity of which shall not
exceed three automobiles.
C. A home occupation that is incidental and subordinate to the primary residential
use of the property. All home occupations are subject to the regulations,
conditions and license requirements contained in Chapter 5.41 (Home
Occupations).
D. The noncommercial growing of nursery stock, field crops, tree, bush and berry
crops, and vegetable or flower gardening.
E. Household pets, not to exceed three animals, over four months of age, for each
dwelling unit. This provision shall not be construed to permit any animal capable
of inflicting harm or discomfort or endangering the health and safety of any
person or property.
F. Storage of building materials, used in the construction 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.
10
SECTION 8. Code Amendment. Title 17 (Zoning), Chapter 17.20 (Light
Multiple Residential R -2 Regulations), Section 17.20.020 (Permitted Uses) of the
Rosemead Municipal Code is hereby amended as follows:
A. Any use and development standard permitted in the R -1 zone including flag lot
developments.
B. A two- family dwelling or two one - family dwellings.
C. Accessory buildings as provided in the R -1 zone.
D. A home occupation that is incidental and subordinate to the primary residential
use of the property. All home occupations are subject to the regulations,
conditions and license requirements contained in Chapter 5.41 (Home
Occupations).
SECTION 9. Code Amendment. Title 17 (Zoning), Chapter 17.24
(Medium Multiple Residential R -3 Regulations), Section 17.24.020 (Permitted Uses) of
the Rosemead Municipal Code is hereby amended as follows:
A. Single -story second residential units in accordance with Chapter 17.30 of this
code;
B. Multiple- family dwellings and apartment houses;
C. The renting of not more than four rooms to not more than four roomers, or the
providing of table board to not more than four boarders, or both, in residence,
provided that not less than one automobile parking space shall be provided for
every room rented;
D. The accessory buildings necessary or incidental to such use located on the same
lot or parcel of land.
E. A home occupation that is incidental and subordinate to the primary residential
use of the property. All home occupations are subject to the regulations,
conditions and license requirements contained in Chapter 5.41 (Home
Occupations).
SECTION 10. Code Amendment. Title 17 (Zoning), Chapter 17.74
(Residential /Commercial Mixed Use Development Overlay), Section 17.74.040
(Permitted Uses) of the Rosemead Municipal Code is hereby amended as follows:
A. The following uses are permitted in a residential /commercial mixed -use
development: retail stores and businesses, provided there is no manufacturing,
processing or treatment of products other than what is clearly incidental to the
retail business conducted on the premises, and not more than twenty (20)
percent of the floor area of the building shall be used in the manufacturing,
11
processing or treatment of products, and that such operations or products are not
objectionable due to noise, odor, dust smoke, vibration or other similar causes;
Art studios;
ATM facilities subject to the requirements of Section 17.74.050(A);
Bakery products shops;
Banks, savings and loan associations, and financial institutions, excluding check
cashing or other pay day loan services;
Barber shops, beauty shops and manicure parlors;
Book stores;
Clothing and shoe stores;
Confectionery retail shops;
Department and variety stores;
Drug stores and pharmacies;
Dry cleaning stores, drop -off and pick -up only;
Electric appliance stores and repairs;
Employment agencies;
Fabric and yardage stores;
Florist shops;
Food stores, bakery shops, delicatessens and markets;
Furniture stores, limited to new furniture, except that used furniture taken in trade
may be sold provided used furniture sales do not exceed twenty-five (25) percent
of the gross floor area or twenty -five (25) percent of total retail floor area,
whichever is less;
Grocery, fruit and vegetable stores;
Hardware stores;
Health centers, and similar personal service establishments, with massage as an
incidental use and occupying no more than twenty -five (25) percent of the floor
area;
Hobby shops;
Interior decorating shops;
Jewelry stores;
Music stores;
Paint stores;
Pet supply stores;
Photo -copy, printing or desktop facilities;
Photographic studio, supply shop, or film pick -up and drop -off point;
Radio and television stores and repair;
Restaurants, take -out and other eating establishments;
Retail sales of automotive parts without installation and no outside storage;
Self- service laundries subject to the requirements of Section 17.74.050(E);
Shoe stores or shoe repair shops;
Tailor, clothing or wearing apparel shops; and
Travel agencies.
B. The following professional and business office uses are permitted in a
residential /commercial mixed -use development:
Accountant;
12
Acupuncturist and acupressure, without massage or retail sales;
Advertising agency;
Architect;
Attorney;
Auditor;
Bookkeeping service;
Business consultant;
Chiropodist;
Chiropractor;
Dental office;
Engineer;
Governmental buildings and offices;
Insurance agency;
Optician;
Optometrist;
Ophthalmologist;
Osteopath;
Physician;
Psychiatrist;
Real estate broker;
Secretarial service;
X -ray technician; and
Similar professional business uses may be permitted subject to the approval of
the Planning Division.
C. Notwithstanding the provisions of Section 17.112.020, the following uses shall be
the only uses for which a conditional uses permit may be applied for and granted
in a residential /commercial mixed -use development:
Antique stores; ,
Any commercial "use that operates after midnight;
Any eating establishment with outdoor seating;
Any establishment having an off -sale license for alcoholic beverages;
Any establishment having an on -sale license for alcoholic beverages;
Arcades;
Conservatories of music;
Convenience markets subject to the requirements of Section 17.74.050(B);
Libraries and museums; and
Music and vocal instructions.
D. Except as provided in Sections 17.74.040(A), 17.74.040(B) and 17.74.040(C), all
commercial uses and nonresidential uses are strictly prohibited in
residential /commercial mixed -use developments.
E. Residential units shall be permitted in a residential /commercial mixed -use
development per the following:
1. Densities shall be consistent with the General Plan.
13
F. Location of Uses.
1. Retail /commercial uses shall be permitted on the ground floor or second floor
in a residential /commercial mixed -use development.
2. Retail /commercial uses shall not be permitted above any professional and
business office uses or residential uses.
3. Professional and business office uses .'shall be permitted above the
commercial component of a street frontage building, behind the commercial
component on the first floor or on second floor or above with same use street
frontage but below any residential uses in a residential /commercial mixed -use
development.
4. Residential uses shall be located either above the commercial and /or office
components of a street frontage building or located behind the commercial or
office component on any floor where there is a distinct separation of uses and
access, provided pedestrian connections are furnished as part of a unified
development theme.
5. A home occupation that is incidental and subordinate to the primary
residential use of the property. All home occupations are subject to the
regulations, conditions and license requirements contained in Chapter 5.41
(Home Occupations).
SECTION 11. 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. 925 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 12 ' EFFECTIVE DATE. This ordinance shall take effect thirty
(30) days after its adoption.
SECTION 13. 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 14. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED, and ADOPTED this 22 day of January, 2013.
(Signatures are on the Next Page]
14
Polly low, M r ayo Pro Tem
City of Rosemead, California
ATTEST:
Gloria, Molleda, City Clerk
City of Rosemead, California:
APPROVED AS TO FORM
&J4 J �
ache) H. FlichmAn, City Attorney
Burke, Williams & Sorensen, LLP
15
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } SS.
CITY OF ROSEMEAD }
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 925 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 8t^ of January, 2013. That after said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 22nd of January, 2013 by
the following vote to wit:
Yes:
Alarcon, Low, Ly,
No:
None
Abstain
Clark
Absent:
Armenia
&'-, Wah&�'-
loda Molleda
City Clerk
ORDINANCE NO. 924
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, AMENDING
CHAPTERS 2.04, 2.24, 2.28 AND 2.32 OF THE ROSEMEAD
MUNICIPAL CODE REGULATING THE START TIMES
FOR THE CITY COUNCIL MEETING. IN ADDITION TO
OTHER MINOR ADMINISTRATIVE CORRECTIONS
WHEREAS, the Brown Act (Government Code Section 54954) requires a City
Council to have an established time and place for regular meetings; and
WHEREAS, the City Council now desires to establish 6:00 p.m. as the time for its
regular meetings when there is a need for a study session or closed session and 7:00 for
all other City business; and
WHEREAS, the City of Rosemead has determined that portions of the Rosemead
Municipal Code ( "Code "), as currently drafted, do not adequately address the means by
which the City now conducts its business; and
WHEREAS, the City staff has performed a review of the Code to identify
inconsistencies and outdated references; and
WHEREAS, the City Council of the City of Rosemead ("City Council ") has
determined that the following changes should be made to the Code for consistency,
accuracy and ease of use by the City's staff and citizens.
NOW, THEREFORE, THE CITY COUNCIL, OF THE CITY OF ROSEMEAD,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 2.04.40 of Chapter 2.04 [Council meetings] of the Rosemead
Municipal Code is hereby amended to read in whole as follows:
2.04.040 Council Meetings.
Regular meetings of the City Council shall be on the second and fourth
Tuesdays of each month at the hour of six p.m. or if such date falls on a holiday
on the next succeeding day which is not a holiday.
Section 2. Section 2.04.50 of Chapter 2.04 [Presenting mater to Council] of the
Rosemead Municipal Code is hereby amended to read in whole as follows:
2.04.050 Presenting matter to Council.
Every official, board, commission or other body connected with the city
government and every citizen, individual, corporation, committee or civic group
having any reports, communications or other matters to be presented at a Council
meeting shall notify the City Clerk of that fact and the subject thereof in writing
before noon of the Tuesday preceding the day of such meeting, whereupon the
City Clerk shall prepare an agenda setting forth such matters and the nature
thereof under the headings set forth in Section 2.04.060, and setting forth all other
matters to come before such meeting. The City Clerk shall, not later than Friday
preceding such meeting, cause one copy thereof to be delivered to each
councilmember. Matters deemed by the City Council to be of emergency are
excepted from the foregoing provision. This section does not apply to oral
communications from the audience when a Council meeting is in session.
Section 3. Section 2.04.60 of Chapter 2.04 [Meetings -- Organization and procedures] of
the Rosemead Municipal Code is hereby amended to read in whole as follows:
2.04.060 Meetings — Organization and procedures.
A. Regular meetings of the City Council shall be convened on the second and
fourth Tuesdays of each month at the hour of six p.m. or if such date falls on a
holiday on the next succeeding day which is not a holiday. Regular City
Council Meetings will be convened at 6:00 p.m. only if a study session,
workshop or closed session is needed and placed on the posted agenda. If no
study session, workshop or closed session is needed, regular City Council
meetings will be convened at 7:00 p.m. and follow the Order of Business
described in subsection B below.
B Order of Business. Promptly at six p.m. on the second and fourth Tuesday of
each month, the members of the City Council, City Manager, City Clerk, City
Attorney or other officers, shall assemble at their regular stations in the
Council chambers, whereupon the business of the meeting shall be taken up as
follows or in the order as the City Council may, from time to time, prescribe
by resolution.
(1) Call to order at 6:00 p.m., if necessary;
(2) Roll call;
(3) Flag salute;
(4) Study session or Workshop;
(5) Closed session
G
(6) Reconvene to open session at 7:00 p.m. with another roll call and flag
salute; or call the meeting to order at 7:00 p.m. with roll call and flag
salute;
(7) Public comments (the City Council will receive comments from persons in
the audience on matters not listed on the agenda.);
(8) Presentations;
(9) Public hearings;
(10) Consent items, including, but not limited to, approval of minutes,
authorization or award of bids, demands;
(11) Matters from City Manager and staff
(12) Matters from Mayor and City Council;
(13) Adjournment.
C. Ordinances. Ordinances may be introduced under the head of matters from the
City Manager and staff or matters from the Mayor and City Council business
by reading the title only. Ordinances ready for passage shall be taken up under
unfinished business and be read in full unless the reading thereof is dispensed
with by unanimous vote of the Council present after the reading of the title.
D. Resolutions. Resolutions may be introduced under the head of matters from
the City Manager and staff, matters from the Mayor and City Council, or
consent items by a majority vote of the City Council.
E. Discussion Procedure. While discussing any question under consideration by
the Council, it shall be the duty of the members thereof to remain seated and
address their remarks to the presiding officer and their fellow members. Any
remarks or orders to the audience shall be addressed by the presiding officer,
or with his permission, by members of the Council.
F. Copy of Minutes. Following each Council meeting the City Clerk shall
provide a typewritten copy of the minutes thereof to each member of the City
Council for action at a City Council meeting.
G. Rosenberg's Rules of Order. In all matters and things not otherwise provided
for herein, the proceedings of the Council shall be governed by Rosenberg's
Rules of Order to be kept on file with the office of the City Clerk or other
recognized rules adopted by the City Council by resolution. However, no
ordinance, resolution, proceeding or other action of the City Council shall be
invalidated, or the legality thereof otherwise affected, by the failure or
omission to observe or follow said rules.
Section 4. Section 2.04.70 of Chapter 2.04 [Special meetings] of the Rosemead
Municipal Code is hereby amended to read in whole as follows:
2.04.070 Special meetings.
Special meetings of the City Council may be called at any time by the
Mayor or by three members of the City Council, by written notice delivered
personally to each member at least twenty -four (24) hours before the time
specified for the proposed meeting. At any special meeting the power of the City
Council to transact business shall be limited to matters referred to in the written
meeting agenda for a properly noticed City Council Meeting.
Section 5. Section 2.24.020 of Chapter 2.24 [Conflict of Interest Code] of the Rosemead
Municipal Code is hereby amended to read in whole as follows:
2.24.020 Designated positions and disclosure categories
The following designated positions shall file statements of economic
interest in accordance with the assigned disclosure categories listed for the
position:
Designated Position
Disclosure
Category
Assistant City Manager /Finance Director
1
Assistant Planner
1
City Clerk
1
City Engineer
l
City Manager
1
City Planner
1
Director of Community Development
1
Director of Parks and Recreation
1
Director of Public Works
1
Finance Manager
1
Fluman Resources Manager
1
Management Analyst
l
Planning Tech
l
Public Safety Coordinator
1
Public Works Superintendent
1
Recreation Supervisor
1
Senior Code Enforcement Officer
F
Section 6. Section 2.28.070 of Chapter 2.28 [Planning Commission] of the Rosemead
Municipal Code is hereby amended to read in whole as follows:
2.28.070 Regular Planning Commission meetings.
Regular meetings of the Planning Commission shall be on the first and
thud Mondays of each month at the hour of 7:00 p.m. or if such date falls on a
holiday on the next succeeding day which is not a holiday.
Section 7. Section 2.32.060 of Chapter 2.32 [Traffic Commission] of the Rosemead
Municipal Code is hereby amended to read in whole as follows:
2.32.06& Regular Traffic Commission meetings.
Regular meetings of the Traffic Commission shall be on the first
Thursdays of each month at the hour of 7:00 p.m. or if such date falls on a holiday
on the next succeeding day which is not a holiday.
Section 8. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, is for any reason held to be invalid or
unconstitutional by the 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 adopted this Ordinance, and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
Section 9. Publication The City Clerk shall certify as to the adoption of this Ordinance
and shall cause a summary thereof to be published within fifteen (15) days of the
adoption and shall post a certified copy of this Ordinance, including the vote for an
against the same, in the Office of the City Clerk, in accordance with Government Code
Section 36933.
PASSED AND ADOPTED this 13` day of November, 2012, by the following
vote:
YES:
NO:
ABSTAIN:
ABSENT:
5
Sandra Armenta
Mayor
ATTEST:
`d
Gloria Molleda
City Clerk
APPROVE AS TO FORM:
Rachel l chman
City A omey
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 924 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 23rd of October, 2012. That after said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 13 of November, 2012 by
the following vote to wit:
Yes:
Alarcon, Armenta, Clark, Low, Ly,
No:
None
Absent:
None
Abstain:
None
Gloria Molleda
City Clerk
ORDINANCE NO. 923
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING ZONE CHANGE 12 -01 CHANGING THE ZONING
CLASSIFICATION OF 2743 STRATHMORE AVENUE FROM P
(PARKING) TO C -3 (MEDIUM COMMERCIAL), LOCATED 2743
STRATHMORE AVENUE (APN: 5284 -038- 002).
WHEREAS, the City of Rosemead has an adopted Zoning Ordinance and
associated maps, including specific development standards to control development; and
WHEREAS, approval of Zone Change 12 -01 would designate the zoning
classification of 2743 Strathmore Avenue from P (Parking) to C -3 (Medium
Commercial); and
WHEREAS, State Planning and Zoning Law, Title 17, and Chapter 17.116 of the
Rosemead Municipal Code authorizes and sets standards for approval of Zone Change
applications and governs development of private properties; and
WHEREAS, Section 17.116.010 of the City of Rosemead Municipal Code
authorizes the City Council to approve zone change applications whenever the public
necessity, convenience, general welfare or good zoning practices justify such action;
and
WHEREAS, City of Rosemead policy encourages consistency of its Zoning Code
with the General Plan and promotes separation of conflicting land uses through good
planning practices; and
WHEREAS, on August 20, 2012, the City of Rosemead Planning Commission
considered Zone Change 12 -01 and recommended approval to the City Council after
the Commission made findings that the proposed application will not have a significant
impact on the environment; and
WHEREAS, on August 20, 2012, the Planning Commission held a public hearing
to receive testimony, and after hearing all testimonies from the public, the Commission
recommended approval to the City Council of Zone Change 12 -01; and
WHEREAS, on August 20, 2012, the Planning Commission adopted Resolution
12 -14, thereby recommending approval to the City Council of Zone Change 12 -01; and
WHEREAS, on August 30, 2012, forty -two (42) notices were mailed to all owners
of real property as shown on the latest equalized assessment roll within 300 feet of the
real property subject to Zone Change 12 -01, a notice was published in the Rosemead
Reader on August 30, 2012, and notices were posted in six (6) public locations,
1
specifying the availability of the application, plus the date, time and location of the public
hearing pursuant to California Government Code Section 65091(a)(3); and
WHEREAS, on September 11, 2012, the City Council held a public hearing to
receive public testimony relative to Zone Change 12 -01; and
WHEREAS, the City Council has sufficiently considered all testimony presented
to them and hereby make the following determination:
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Rosemead as follows:
SECTION 1 . The City Council hereby makes a finding of adequacy with the
Negative Declaration and HEREBY ADOPTS the Negative Declaration; as the
environmental clearance for Zone Change 12 -01.
SECTION 2. The City Council HEREBY FINDS AND DETERMINES that Zone
Change 12 -01 is in the best interest of the public necessity and general welfare, and
good city planning practice dictates and supports the proposed zone change, in that it
designates the zoning classification of 2743 Strathmore Avenue from P (Parking) to C -3
(Medium Commercial).
SECTION 3. The City Council FURTHER FINDS AND DETERMINES that Zone
Change 12 -01 is consistent with the Rosemead General Plan as follows:
A. Land Use: The General Plan designation will remain as Commercial and
will allow for 2743 Strathmore Avenue to be consistent with City codes and land uses in
the surrounding area. The General Plan Commercial land use designation is designed
to provide tax revenues which contribute significantly to the City's financial well- being.
The proposed zoning of the site is consistent with the current land uses of the City of
Rosemead's General Plan and Municipal Code. According to the Zoning
Ordinance /General Plan Consistency Matrix (Table LU -2) of the General Plan, the
Commercial land use designation is consistent with the C -3 (Medium Commercial)
zone.
B. Circulation: There is no new development associated with the proposed
project. The project proposes to convert an existing automotive brokerage office with
no car storage to an automotive sales lot. The project does not propose any use that
would cause any changes, individually or cumulatively, to the level of service standard
established by the county congestion management agency for designated roads or
highways. The proposed project will require that all customer parking and automotive
display of vehicles be located onsite.
C. Housing: The proposed zone change will not induce new population
growth nor displace existing housing units or people. There are no residential units on
the site. The subject property is located in the P (Parking) zone. There is no new
2
development associated with the proposed project. The project proposes to convert an
existing automotive brokerage office with no car storage to an automotive sales lot.
D. Resource Management: Any proposed development resulting from this
Zone Change would be located in a developed urban area, and as such, will not result
in any impact upon natural resources. There is no new development associated with
the proposed project. The project proposes to convert an existing automotive
brokerage office with no car storage to an automotive sales lot.
E. Noise: No specific development project is being proposed in connection
with the proposed amendment to the Zoning Map in conjunction with the proposed
project. The site is completely developed. The project proposes to convert an existing
automotive brokerage office with no car storage to an automotive sales lot. Because
the storage of automotives for sale and noise associated with automotive ignitions
turning on and off are temporary, there is no substantial permanent increase in ambient
noise levels in the project vicinity above levels existing without the project. In addition,
the hours of operation will remain as it is today.
F. Public Safety: There will not be a new increase in population or density as
a result of the Zone Change, so the need for more public safety and public areas is not
impacted. The site is completely developed. The project proposes to convert an
existing automotive brokerage office with no car storage to an automotive sales lot.
SECTION 4 . The City Council hereby AMENDS the City's zoning map to change
the zoning of the parcel located at 2743 Strathmore Avenue (APN: 5284 -038 -002) from
P (Parking) to C -3 (Medium Commercial) and DIRECTS City Staff to make the
appropriate change to the official zoning map
SECTION 5. The City Clerk shall certify to the passage of this Ordinance.
PASSED, APPROVED, AND ADOPTED this 25" day of September, 2012.
r
Sand r6 Armenta
Mayor
ATTEST:
Gloria Molle a, City Clerk
,J
3
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the City
Council of the City of Rosemead at a meeting held on the 25"' day of September, 2012,
by the following vote:
YES: ALARCON, ARMENTA, CLARK'; LOW, LY
NO: NONE
ASSENT: NONE
ABSTAIN: NONE
loria Molleda, City Clerk- .
El
ORDINANCE NO. 922
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, AMENDING SECTION. 9.12.100 OF CHAPTER 9.12 OF THE
ROSEMEAD MUNICIPAL CODE PERTAINING TO GRAFFITI
THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDAINS AS FOLLOWS:
SECTION 1. Findings The City Council finds as follows:
A. Article A, Section 7 of the California Constitution authorizes the City to enact and
enforce ordinances that regulate conditions which may be public nuisances or .
health hazards, or that promote social, economic or aesthetic considerations; and
B. California Government Code sections 38772, 38773, and 38773.5 specifically
authorize cities to abate graffiti as a public nuisance and collect the expenses of
abatement from the responsible person; and,
C. California Government Code section 53609.3 authorizes cities to use public funds
to remove graffiti from both public and private structures; and,
D. Municipal Code Chapter 9.12 currently prohibits graffiti but does not set forth
procedures for the collection of graffiti abatement expenses from responsible
parties, including parents or guardians, as permitted by state law, and
E. Graffiti presents an ongoing nuisance for City residents and law enforcement, a
blight on the community, and an unnecessary expense and the recovery of such
expenses is in the best interest of the City.
SECTION 2. Amendment to Section .9.12.100 of Chapter 9.12 of Title _9 of the
Municipal Code. Section 9.12.100 of Chapter 9.12 is hereby amended to read as
follows:
9.12.100 Graffiti.
A. Graffiti Defined. "Graffiti" means .he unauthorized Inscribing, printing, writing,
scrawling, chiseling, painting, spraying of-paint or marking of ink, chalk, dye or other
similar substances, or placing of any adhesive stickers, paper, fabric, plastic or other
material with an adhesive paste that are riot easily removable, on public or private
buildings, structures, places, walls, fences, trees, posts, or other real or personal
property. ,
B. Graffiti Prohibited. No person shall willfully inscribe, print, write, scrawl, chisel,
paint, mark, cut or otherwise place any graffiti or writings, drawings, figures, symbols or
other inscription on any walk, fence, tree, post, or other real or personal property not his
or her own and without the permission of the owner thereof, in such a position or
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location and of such a size as to be visible to members of the public in the normal use of
public streets, ways or other public places. The practice or act of placing any such
graffiti, writings, drawings, figures, symbois or other inscriptions on such real or
personal property is found and determined to be a public nuisance.
C. Sale and Possession of Aerosoi.Spray Paint Cans By Juveniles. It is
unlawful for any person to sell, exchanges give or loan, or cause or permit to be sold,
exchanged, given or loaned, any pressurized can or other container commonly known
as an aerosol spray paint can or container which contains paint or dye, and /or any
permanent writing instruments having a porous point, tip or nib in excess of one -
sixteenth of one inch in width at its widest point (hereinafter referred to as "writing
instrument ") and or'glass etching tools to anyone under the age of eighteen (18) years.
It is unlawful for anyone under the age of eighteen (18) years to purchase or otherwise
obtain any aerosol spray paint can, writing instrument or glass etching tools or for a
juvenile to possess an aerosol spray paint can, writing instrument or glass etching tools
in a public place unless such juvenile is in the presence of his or her parent or guardian.
D. Bossiness Signage and Storage kequirements.
1. Any business or establishment offering,for sale to the public any paint or dye
which is packaged for sale in a pressurized container commonly known as an aerosol
spray paint can or container, writing instruments as described in subsection B of this
section and /or glass etching tools shall provide, post and maintain a sign which contains
"Any person who maliciously defaces real or personal property with paint is guilty of
vandalism which is punishable by a fine, Imprisonment, or both." The letters will be at
least one -half inch in height. Such a sign shall be plainly visible to customers who may
seek to purchase aerosol spray paint cans, writing instruments or glass etching tools.
Z Any business or establishment offering for sale to the public any paint or dye
packaged in aerosol. spray paint cans or containers, writing instruments as described in
subsection A of this section, or glass etching tools, shall keep, store and maintain such
aerosol spray paint cans or containers, writing instruments or glass etching tools in a
place that is locked and secured, or otherwise inaccessible to the public.
E. Property Owner Responsibilities., it%is unlawful for the owner of any private
property or vehicle to permit graffiti or other inscribed material to remain so as to be
capable of being viewed by a person utilizing any public right -of -way in the city, such as
a road, parkway or alley, providing the city has given the property owner written notice
to remove the graffiti within a period of ten (101) calendar days, and the ten -day period
has elapsed, unless the property owner agrees in writing to allow the city to remove the
graffiti.
F. Graffiti Removal.
1. Any person who applies graffiti within the city shall have the duty to remove the
same within twenty -four hours after notice by the city or the public or private owner of
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the property involved. The failure of any person to so remove the graffiti shall constitute
an additional violation of this chapter. Where graffiti is applied by juveniles, the parent
or parents shall be responsible for such removal or for the payment thereof,
2, The following procedure shall be followed for removal of graffiti by the city, with
the consent of the property owner. Whenever the city determines that graffiti or other
inscribed materials is so located on public or private property so as to be capable of
being viewed by a person utilizing any public.right -of -way, and the owner of the property
consents to the removal by the city of the graffiti, the city shall be authorized to provide
for the removal of the graffiti, upon the following conditions:
a. If the city provides for the removal of graffiti, it shall not authorize nor
undertake to provide for the painting or repair of any more extensive area
than that where the graffiti is located.
b. Prior to the removal of graffitt, the city shall obtain written consent of the
owner and the owner shall execute an appropriate release prepared by
the city attorney. -
C. The city reserves the right to recover city costs and expenses pursuant to
Section 9.12.100(G) of this Chapter, Penal Code Section 594, Civil Code
Sections 731 and 1714.1, and Government Code Section 38771, et seq.
and Welfare and Institutions Code Section 742.10 et seq, from any
person, Including any parent or legal guardian of a minor, who has willfully
damaged property in a manner described within Section 9.12.100(6) of
this code,.
G. Financial Liability for Cost of Graffiti Abatement.
1. When the disposition of a criminal case, or a proceeding pursuant to Welfare and
Institutions Code Section 602, determines that a minor or other person in such case is
responsible for creating, causing or committing the graffiti which was abated summarily
by the city, that same person, or in the case of a minor, the minor's parent or parents or
legal guardian, shall be liable for all abatement and related costs incurred by the city.
These costs shall include, but are not limited to, court costs, attorney's fees, costs of
removal of the graffiti or other inscribed material, costs of repair and replacement of
defaced property, and the law enforcement costs incurred by the city in the identification
and apprehension of the minor or other person responsible for the graffiti or other
inscribed material on publicly or privately owned permanent real or personal property
within the city, as prescribed within Government Code Sections 38772- 38773.6 and
53069.3. -
a. The determination of responsibility for creating, causing or committing the
graffiti shall be presumed by any confession, admission, guilty plea, or
plea of nolo contendere to any violation of Penal Code Sections 594,
594.3, 640.5, 640.6, or 6401.
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b. In the case of a minor, responsibility for creating, causing or committing
the graffiti shall also be determined upon a conviction by final judgment or
by the minor being made a ward of the Juvenile Court pursuant to Welfare
and Institutions Code Section 602 by reason of the commission of any act
prohibited under Penal Code Sections 594, 594.3, 640.5, 640.6, or 640.7.
2. The city may recover all city funds used to remove graffiti, repair or replace
graffiti- damaged real or personal property within the city by making the expense of
abatement of the nuisance, as defined by Government Code Section 38772, a lien
against property of the minor or other person and a personal obligation against the
minor or other person pursuant to Government Code Section 38773.2 or 38773,6. The
parent(s) or guardian(s) having custody and control of the minor shall be jointly and
severally liable with the minor pursuant to Government Code Sections 38772, 38773.2
and 38773.6. The graffiti nuisance abatement lien shall be created as follows:
a. The City shall give notice of intent to record a graffiti nuisance abatement
lien to the minor or other person prior to recordation of a lien on the parcel
of land owned by the minor or other person responsible for creating the
graffiti nuisance. If appropriate, the City shall also give notice of intent to
record a graffiti nuisance abatement lien to the parent or guardian having
custody of the minor responsible for creating the graffiti nuisance prior to
recordation of a lien on the 'parcel of land owned by the parent or
guardian, Any such notice of intent to record a graffiti nuisance abatement
lien shall be served by personal service in the same manner as a civil
action in accordance with the Code of Civil Procedure Section 415.10. If
the owner of record, after diligent search, cannot be found, the notice may
be served by posting a copy of the Notice in a conspicuous place upon the
property for a period of ten days and publication thereof in a newspaper of
general circulation published in the county in which the property is located
pursuant to Government Code Section 6062.
b. A graffiti nuisance abatement lien shall be recorded in the County
Recorder's Office in the county in which the parcel of land is located and
from the date of recording; shall have the force, effect, and priority of a
judgment lien,
C. A graffiti nuisance abatement lien authorized by this section shall specify
the amount of the lien; the name of the agency on whose behalf the lien is
imposed; the date of the ,abatement order; the street address, legal
description, and assessor's parcel number of the parcel on which the lien
is imposed; and the name and address of the recorded owner of the
parcel.
d. If the lien is discharged, released, or satisfied through payment or
foreclosure, notice of the discharge containing the information specified in
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Subsection (3) shall be recorded by the governmental agency. A graffiti
nuisance abatement lien and the release of the lien shall be indexed in the
grantor - grantee index.
e. A graffiti nuisance abatement. lien may be satisfied through foreclosure in
an action brought by the city.
f. The city may recover from the property owner any costs incurred
regarding the processing and recording of the lien and providing notice to
the property owner as part of its, foreclosure action to enforce the lien.
3. As an alternate to a graffiti nuisance abatement lien, the city may recover its
costs, as delineated above, as a special. assessment against the parcel of land owned
by the minor or other person responsible for creating the graffiti or by the parent or
guardian having custody and control of the minor responsible for creating the graffiti.
The assessment may be collected at the same time and in the same manner as
ordinary municipal taxes are collected and shall be subject to the same penalties and
the same procedure and sale in case of delinquency as provided for ordinary municipal
taxes pursuant to Government Code Section 38773.6.
4 Any parent or legal guardian of a minor is personally liable for any and all costs
to the City incurred in connection with the removal of graffiti caused by the conduct of
said minor, and for all attorney's fees, court costs, and civil penalties incurred in
connection with the civil prosecution of any claim for damages or reimbursement. The
City may pursue all available legal remedies against a parent or legal guardian to satisfy
any judgment or recover any owed amourits.
5. Second or subsequent criminal judgment. Upon the entry of a second or
subsequent civil or criminal judgment within a two -year period finding that a person
described in paragraph (3) of subdivision (d) of Section 38772 is responsible for the
defacement of property of another by graffiti or other inscribed material, the court may
order damages in an amount treble the costs of abatement pursuant to Government
Code Section 38773.7
H. Penalties.
1. Any person convicted of violating Section 9.12.100(E) of this chapter for the first
time shall be guilty of an infraction and shall be punished by a fine of five hundred
dollars ($500.00).
2. Any person convicted of violating Section 9.12.1 OO(E) of this chapter for the
second time shall be guilty of an infraction prid shall be punished by a fine of one
thousand dollars ($1,000.00). f,
3. Any person convicted of violating Section 9.12.100(E) of this chapter for a third or
any subsequent time shall be deemed guilty of a misdemeanor and shall be punished
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by a fine not exceeding one thousand dollars ($1,000.00), imprisonment not exceeding
six (6) months or by both such fine and imprisonment.
4. When found guilty of an infraction as noted in either subsection H(1) or H(2)
above, it shall be the court's option to require the monetary fine or to substitute
community service to be accountable at the minimum wage rate.
5. Any person convicted of violating any provision of this chapter except for Section
9.12.100(E) shall be guilty of a misdemeanor and shall be punished by a fine not
exceeding one thousand dollars ($1,000.00), imprisonment not exceeding six (6)
months or by both such fine and imprisonment.
I. Rewards.
The city council may, by resolution, establish a reward for information leading to the
identification, apprehension and conviction of any person who places graffiti upon any
public or private property in the city. The resolution may require that the convicted
offender reimburse the city for any reward paid and place responsibility for
reimbursement upon the parent(s) or legal guardian(s) of any minor so convicted.
J. Alternate Actions.
Nothing in this chapter shall be deemed to prevent the city from commencing a civil or
criminal proceeding to abate a public nuisance, or from pursuing any other means
available to it under provisions of applicable ordinances or state law to correct hazards
or deficiencies in real property, in addition to or as alternatives to the proceedings set
forth in this chapter."
SECTION 3: This Ordinance shall take •effect and be in full force and operation thirty
(30) days after adoption.
SECTION 4: If any section, subsection, subdivision, sentence, clause, or portion of this
ordinance, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of the Ordinance. The City Council hereby declares that it would
have adopted this Ordinance, and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
SECTION 5: The city clerk shall certify to the adoption of this Ordinance and shall
cause the same to be published in accordance with law.
PASSED, APPROVED, AND ADOPTED this 10 day of January, 2012.
even Ly, Mayo
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Rachel Richman, City Attorney
LA #4824 -2640 -3851 v1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 922 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 13th of December, 2011. That after said Ordinance was
duty adopted and passed at a regular meeting of the City Council on the 10th of January, 2012 by
the following vote to wit:
Yes: Alarcon, Armenta, Clark, Low, Ly,
No: None
Absent: None
Abstain: None
NW
Gloria Molleda
City Clerk
ORDINANCE NO. 921
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, AUTHORIZING AN AMENDMENT TO CONTRACT BETWEEN
THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM.
WHEREAS, the City of Rosemead requested a determination letter from the
Board of Administration of the California Public Employees' Retirement System to
exclude the positions of Lifeguard, Lifeguard/Swim Instructor and Recreation Leader
from membership; and
WHEREAS, the Board of Administration of the California Public Employees'
Retirement System approved the request to exclude the Lifeguard, Lifeguard -Swim
Instructor and Recreation Leader positions on July 8, 2011; and
WHEREAS, the City Council of the City of Rosemead adopted the Resolution of
Intention to amend the contract with the Board of Administration of the California Public
Employees' Retirement System on October 25, 2011.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1 . That an amendment to the contract between the City Council of the
City of Rosemead, California and the Board of Administration, California Public
Employees' Retirement System is hereby authorized, a copy of said amendment being
attached hereto, marked Exhibit and by such reference made a part hereof as though
herein set out in full.
Section 2 . The Mayor of the City Council is hereby authorized, empowered,
and directed to execute said amendment for and on behalf of said Agency.
Section 3 . This Ordinance shall take effect 30 days after the date of its
adoption, and prior to the expiration of 15 days from the passage thereof shall be
published at least once in the San Gabriel Valley Tribune, a newspaper of general
circulation, published and circulated in the County of Los Angeles and thenceforth and
thereafter the same shall be in full force and effect.
PASSED AND ADOPTED this 10th flay of January, 2012, by the following
vote
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
m.��_
Gloria Molle a
City Clerk
APPROVED AS TO FORM:
�, ,1
achel Richman
City Attorney
STE LY
MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS,
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 921 was regularly introduced and placed upon its first reading at a
regularly meeting of the City Council on the 13th of December, 2011, That after said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 10th of January, 2012 by
the following vote to wit:
Yes:
Alarcon, Armenta, Clark, Low, Ly,
No:
None
Absent:
None
Abstain:
None
uAl 110
Gloria Molleda
City Clerk