PC - 2019-04 - Adopting Ordinance No. 987 for the approval of MCA 19-01 PC RESOLUTION 19-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO.
987 FOR THE APPROVAL OF MCA 19-01, AMENDING SECTIONS OF
THE ROSEMEAD MUNICIPAL CODE RELATING TO THE REGULATION
OF NONCONFORMING USES, STRUCTURES, LOTS AND PARKING
FACILITIES AND MINOR EXCEPTIONS.
WHEREAS, the City is authorized by Article XI, Section 5 and Section 7 of the
State Constitution to exercise the police power of the State by adopting regulations to
promote public health, public safety and general prosperity; and
WHEREAS, Section 38771 of the California Government Code 38771 authorizes
the City through its legislative body to declare actions and activities that constitute a public
nuisance; and
WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the
criteria for a Zoning Code Amendment;
WHEREAS, Sections 65854 and 65855 of the California Government Code and
Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning
Commission to review and make recommendations to the City Council regarding
amendments to the City's Zoning Code;
WHEREAS, adoption of Ordinance No. 987 for the approval of Municipal Code
Amendment 19-01, amends sections of the Rosemead Municipal Code relating to the
regulation of nonconforming uses, structures, lots and parking facilities and minor
exceptions; and
WHEREAS, on February 21 , 2019, a notice was published in the Rosemead
Reader and notices were posted in six public locations, specifying the availability of the
proposal, and the date, time, and location of the public hearing for Municipal Code
Amendment 19-01; and
WHEREAS, on March 4, 2019, the Planning Commission held a duly noticed
public hearing and recommended approval of Municipal Code Amendment 19-01 to the
City Council; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
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SECTION 1. The Ordinance is exempt from environmental review under the
California Environmental Quality Act (CEQA) (California Public Resources Code §§
21000, et seq., "CEQA") and CEQA regulations, Title 14, Chapter 3: (1) Section
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment); (2) Section 15060(c)(3) (the activity is not a project
as defined in Section 15378); and 15061(b)(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. This ordinance establishes rules and procedures to
permit operation of existing facilities; minor temporary use of land; and ensure
maintenance, restoration, and protection of the environment. The Ordinance does not
have the potential to cause significant effects on 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 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Municipal Code Amendment 19-01, in accordance with
Section 17.152.060 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 amendment is consistent with the Rosemead General
Plan Land Use Goals and Policies. The Land Use Element goals and policies address
enhancing and maintaining existing single-family neighborhoods and providing housing
opportunities for all segments of the population. Specifically, Policy 1.5 of the Land Use
Element that, "[R]equire that new single-family residential construction, additions, and
renovations be designed to protect the privacy of adjacent residential properties and the
quality of established neighborhoods." The proposed Code Amendment updates
applicable sections of the Zoning Ordinance related to additions and new constructions
on legal nonconforming residential properties to require a public noticing to the
neighboring owners and a review hearing before approval is granted. This procedure
allows for property owners of legal nonconforming lots to enhance and make
improvements while ensuring the characteristics of the neighboring properties are
protected. As such, this is in line with Land Use Goal 1 to maintain stable and attractive
single-family residential neighborhoods.
B. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City; and
FINDING: The public interest, health, safety, convenience, or welfare of the City
will be served by the adoption of the revised legal nonconforming regulations. The revised
regulations will continue to encourage that properties owners improve and make
enhancements to their property, while providing public noticing and a hearing for the
benefit of the neighboring residents to ensure that the character and quality of life of the
established neighborhood is maintained.
C. The proposed amendment is internally consistent with other applicable
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provisions of the Zoning Code.
FINDING: The proposed code amendment will delete outdated terms, modify
existing regulations, and introduce regulations applicable to legal nonconforming uses
and structures for the purpose of improving clarity. The proposed municipal code
amendment ensures and maintains internal consistency with all other applicable
provisions of the Zoning Code.
SECTION 3. The Planning Commission HEREBY RECOMMENDS the City
Council adoption of Ordinance No. 987 for the approval of Municipal Code Amendment
19-01, to amend sections of the Rosemead Municipal Code relating to the regulation of
nonconforming uses, structures, lots and parking facilities and minor exceptions
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on March 4, 2019, by the following vote:
AYES: ENG, LOPEZ, TANG, AND VUONG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
SECTION 5. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 4th day of : ch 2019.
e i4y0.
Joh Ta' g, C a r
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CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 4th day of March
2019, by the following vote:
AYES: ENG, LOPEZ, TANG, AND VUONG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Kim, Secretary
APPROVED AS TO FORM:
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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