Ordinance No. 987 - Amending Sections Relating to the Regulation of Nonconforming Uses, Structures, Lots and Parking Facilities and Minor Exceptions ORDINANCE NO. 987
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
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; and
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; and
WHEREAS, Section 17.152.050 of the Rosemead Municipal Code authorizes the City
Council to approve amendments to the City's Zoning Code; and
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, on March 14, 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 26, 2019, the City Council held a duly noticed and advertised
public hearing to receive oral and written testimony relative to Municipal Code Amendment 19-
01; 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. The City Council finds and declares as follows:
A. Compliance with California Environmental Quality Act. 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. Findings. The City Council 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 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. Code Amendment. Chapter 17.72 of Title 17 is HEREBY AMENDED as
follows:
Chapter 17.72 NONCONFORMING USES, STRUCTURES, LOTS
AND PARKING FACILITIES
Sections:
17.72.010 Purpose.
17.72.020 Establishment of legal nonconforming status.
17.72.030 Legal nonconforming uses.
17.72.040 Legal nonconforming structures.
17.72.050 Legal nonconforming lots.
17.72.060 Reconstruction of damaged legal nonconforming buildings.
17.72.070 Residential exceptions.
17.72.080 Loss of legal nonconforming status.
17.72.090 Amortization.
17.72.010 Purpose.
This Chapter establishes regulations for legal nonconforming land uses, structures,and lots. These
are land uses, structures, and lots within the City that were lawfully established, constructed, or
subdivided before the adoption or amendment of this code, but which would be prohibited,
regulated, or restricted differently under the current terms of this code. This Chapter is intended to
encourage the City's continuing improvement by limiting the extent to which nonconforming
structures and uses may continue to be used, expanded, or replaced, while improving the health,
safety, and welfare of all residents without creating an economic hardship for individual property
owners or business owners. Excepted from these regulations are nonconforming signs, billboards
and advertising devices,which are subject to the provisions of Chapter 17.116(Signs)of this Title.
17.72.020 Establishment of legal nonconforming status.
A. These provisions shall regulate the continuation, termination, and modification of land uses,
structures, and lots that were lawfully established, but which no longer conform to the
provisions of the Zoning Code due to a change in zoning boundaries, change in the regulations
for the zone in which it is located, or upon annexation. A change in ownership or tenancy
without any change in use, occupancy, or development shall not affect any of the legal
nonconforming rights, privileges, and responsibilities provided under this Chapter.
B. Land uses, structures, and lots not having previously acquired proper permits are illegal and
subject to immediate abatement.
C. It shall be the property owner's responsibility to provide evidence or information to justify the
establishment of nonconforming rights subject to the satisfaction of the Building Official.
17.72.030 Legal nonconforming uses.
A. Except as hereinafter expressly provided, as long as a nonconforming use exists upon any lot,
no new use may be established or no new building may be constructed thereon.
B. Continuation of use.
Any nonconforming use may be maintained and continued provided that there is no increase
or enlargement of the area, space, or volume occupied by or devoted to the nonconforming
use. Alterations that do not increase or enlarge a nonconforming use or increase environmental
impacts (such as traffic, noise, drainage, light and glare, etc.) may be approved.
C. Abandonment or discontinuance of use.
A nonconforming use which has been abandoned or has been discontinued for a period of one
(1) year shall not be reestablished and any subsequent reuse or any new use established shall
conform to the current provisions of this Title.
D. Change of use.
A nonconforming use that is changed to, or replaced by a conforming use shall not be
reestablished.
E. Nonconforming due to parking. A use that is nonconforming due to the lack of compliance
with off-street parking standards may undergo changes in use subject to the provisions listed
below.
1. Land use changes in nonresidential zones.
a. Notwithstanding the provisions set forth in Section 17.72.030.E.1.b, the use of a
structure, which is only nonconforming due to lack of compliance with off-street
parking requirements required this Zoning Code, may be changed to another use as
long as the new use is permitted in the zoning district and does not require any more
parking than the current use within the structure, provided that any unsafe conditions
determined to exist by the Community Development Director, or Building and Safety
Official, or City Engineer shall be made to conform to current City standards.
b. The use of a nonresidential structure, which is nonconforming due to lack of
compliance with off-street parking requirements with respect to the number of stalls
required by this Zoning Code, may be changed to another use which requires more
parking than the current use within the structure if the applicant can demonstrate that
compliance with alternative parking provisions, as set 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:
1. Enlargement. A structure that is legal nonconforming due to setbacks, height, or other
similar development standard, but not including floor area, may be enlarged or extended
provided that the enlargement shall not increase the degree of nonconformity nor shall it
extend into any conforming setback area. Such enlargement shall be processed pursuant
to the standards set forth in Chapter 17.142 (Minor Exceptions). In the event that the
original building or structure was subject to a discretionary permit,the appropriate approval
authority in Section 17.120.100(Changes to an approved project)shall review the proposed
enlargement subject to the standards set forth in Chapter 17.142.
2. Interior alterations. Changes to interior partitions or other non-structural improvements
may be made within structure that is legal nonconforming.
C. Repairs and maintenance.
Ordinary repairs and maintenance work may be made to legal nonconforming structures,
subject to the following provisions:
1. Ordinary repairs and the repair or replacement of nonbearing walls,fences,fixtures,wiring,
and plumbing may be made to an extent not exceeding the latest assessed valuation of the
structure.
2. Maintenance work shall not include structural alterations, except those required by the
Building Official or by any officer of the City charged with protecting the public safety, in
order to correct an unsafe condition.
17.72.050 Legal Nonconforming lots.
Nonconforming lots may be developed in conformance with the provisions outlined in Article 2,
Chapter 17.08, Section 17.08.050.
17.72.060 Reconstruction of damaged nonconforming buildings.
Nonconforming structures damaged or destroyed due to an involuntary catastrophic event (e.g.
fire, earthquake, or other calamity) may be reconstructed or replaced provided:
A. The new structure shall comply with the development standards (such as setbacks and height
standards) in effect when the damaged or destroyed structure was originally constructed;
provided however, the new structure shall contain no more dwelling units and/or floor area
than the damaged structure.
B. All new construction shall comply with the current Building and Fire Code requirements.
However, the Building Official may require compliance for areas other than the new
construction when deemed necessary.
C. A building permit for reconstruction must be obtained no later than one (1) year after the date
of destruction, and construction must be pursued diligently to completion.
D. If the preceding requirements are not met, the replacement structure shall comply with all
current requirements of this Title in effect on the date of application for the required building
permit.
17.72.070 Residential exceptions.
The purpose of this Section is to preserve residential development rights for properties that were
legally developed with residential dwellings and accessory structures, but through the course of
zoning code amendments and zone changes have been made legal nonconforming.
A. Existing single-family or duplex dwellings with nonconforming side yards solely due to the
application of Ordinance No. 851. An existing single-family dwelling unit or duplex in the R-
1 or R-2 zone that became legal nonconforming solely due to the application of Ordinance No.
851 to the unit or duplex's side yard setback requirements as set forth in Article 2, Table
17.12.030.1 (Residential District Development Standards)and which,absent the changes made
by Ordinance No. 851, would conform to this Code may be enlarged or extended provided
that:
1. The enlargement or addition conforms to all other requirements and standards of the current
Zoning Code;
2. The enlargement or addition shall not increase the degree of non-conformity, including
adding additional floor area in the portion of the unit or duplex located in the side yard
setback as modified by Ordinance No. 851, and
3. The enlargement shall not exceed fifty(50)percent of the existing floor area of the dwelling
unit or duplex.
4. Any other request for an enlargement that does not comply with the standards set forth in
Section 17.72.040.A.3.a-c shall be subject pursuant to the standards set forth in Chapter
17.142 (Minor Exceptions).
B. Addition of new structures on R-1 and R-2 lots where nonconforming residential structures
exist. R-1 and R-2 lots may be expanded with additional separate residential units or related
separate accessory structures, provided that the additional structures comply with the
development standards and requirements of this Zoning Code. Such expansion shall be
processed pursuant to the standards set forth in Chapter 17.142 (Minor Exceptions).
C. Legal nonconforming chain-link fences in R-1, R-2, and R-3 zones. All existing legal
nonconforming chain-link fences in the R-1,R-2, and R-3 zones shall be permitted to continue
as such until removed, extended or altered beyond the exception provisions stated below, at
which time such fence shall be made to conform to the requirements of Chapter 17.68 (Fences,
Walls, and Landscape Screening).
1. No impact on additions and remodels to single-family dwellings or duplexes. All existing
legal nonconforming chain-link fences in the R-1, R-2, and R-3 zones shall be permitted
to continue, provided that the existing chain-link fencing is not considered a public
nuisance as defined in Chapter 8.44 (Property Maintenance), at the time a residential
addition or remodel is proposed.
2. Repairs and maintenance. Routine maintenance, such as rust removal, or replacement of
less than fifty (50) percent of the length of the fence along any property line with in-kind
material shall be permitted. Replacement of fifty (50) percent or more of the length of a
fence along any property line shall constitute a new fence, and in such case all legal
nonconforming chain-link fencing shall then be removed from the subject property.
3. Reconstruction of damaged nonconforming chain-link fences. Nonconforming chain-link
fencing damaged or destroyed due to an involuntary catastrophic event (e.g. fire,
earthquake, or other calamity) may be reconstructed or replaced provided:
a. A fence permit for reconstruction must be obtained no later than forty-five (45) days
after the date of destruction,and construction must be pursued diligently to completion.
b. The new chain-link fence shall comply with all other development standards outlined
in Chapter 17.68 (Fences, Walls, and Landscape Screening).
c. If the preceding requirements are not met, the replacement fencing shall comply with
all current requirements of this Title in effect on the date of the application for the
required fence permit.
D. Legal nonconforming residential structures in nonresidential zones. Properties previously
zoned residential with legally established residential uses that have been re-zoned non-
residential may continue to be used and developed in compliance with the R-1 development
standards including but not limited to, additions and expansions, but not including the
construction of additional units.
1. Vacant Properties. Vacant properties shall be developed in compliance with the non-
residential development standards.
2. Non-Residential Development. If the property is developed into a non-residential use in
conformance with the non-residential zone the property will lose its non-conforming
exception status and must from that point forward conform to the existing zone.
17.72.080 Loss of legal nonconforming status.
A. The right to continue a nonconforming use shall terminate when it is determined to be a public
nuisance by order of the Hearing Officer pursuant to procedures provided in Chapter 8.44 of
this code or the order of a court of competent jurisdiction and the nuisance is not abated in the
manner and within the time stated in the order of the Hearing Officer or the order of the court.
In addition to the specific grounds for finding a nuisance as set forth in Chapter 8.44 of this
code, a nonconforming use is a public nuisance if:
1. The use is, or likely to become, injurious or detrimental to health, safety or welfare, or an
obstruction to the free use of property, so as to interfere with the comfortable enjoyment of
life or property, or unlawfully obstructs the free passage or use, in the customary manner,
of any public park, square, street or highway; or
2. The use is a business establishment that permits persons to congregate for unreasonably
long time periods in parking areas and/or pedestrian walkways resulting in unreasonable
noise levels in residential areas between the hours of nine p.m. to seven a.m., or resulting
in the persons obstructing or interfering with the free passageway in the parking areas or
on said pedestrian walkways, or which becomes a place where an unreasonable number of
violations of Title 9 (Public Peace, Morals and Welfare) of this code (such as underage
drinking or gambling); or
B. The right to continue the use of a nonconforming structure shall terminate when the structure
and/or the parcel on which it is located is determined to be a public nuisance by order of the
Hearing Officer made pursuant to Chapter 8.44 of this code, or by judgment or order of a court
of competent jurisdiction and the nuisance is not abated in the manner and within the time
stated in the order of the Hearing Officer or order of the court. If the abatement of the nuisance
required demolition of the structure, the order,judgment or order of the court shall find that
there is no other way reasonably to correct the nuisances other than by demolition of the
structure.
C. Where it cannot be found that demolition of a structure is appropriate,the Hearing Officer shall
permit the structure to remain in existence, but may impose one or more conditions to bring
the structure into conformity with the requirements of this Title so far as is reasonable in
addition to any other conditions necessary to abate the public nuisance.
D. Notwithstanding the provisions set forth in Section 17.72.080.A—C, any legal nonconforming
use or structure that was approved with a discretionary permit that is in violation of any
condition of approval, law, statute, or City ordinance shall be modified or revoked in
accordance with the applicable revocation procedures set forth in the Rosemead Municipal
Code.
17.72.090 Amortization.
The Zoning Code gives the City Council the authority to establish Amortization Regulations for
nonconforming uses, structures, and buildings.
SECTION 4. Code Amendment. Chapter 17.142 of Title 17 is HEREBY AMENDED as
follows:
Chapter 17.142 MINOR EXCEPTION
Sections:
17.142.010 Purpose.
17.142.020 Authority to approve.
17.142.030 Application and fees.
17.142.040 Hearing and notice.
17.142.050 Investigation of application.
17.142.060 Appeals from decision of Community Development Director.
17.142.070 Decision on minor exception to be fmal prior to issuance of permit.
17.142.080 Voiding of minor exception.
17.142.090 Extension of time.
17.142.010 Purpose.
The purpose of a Minor Exception is to give the Community Development Director authority to
allow an exception to certain development standards prescribed in the Zoning Code when practical
difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title
occur by reason of a strict interpretation and enforcement of any of the provisions of this Title.
17.142.020 Authority to approve.
A. The Community Development Director shall have the authority to grant, subject to appeals to
the Planning Commission, minor exceptions as follows:
1. Minor Exceptions of the rear yard, side yard, lot coverage, driveway, or parking stall size
as may be necessary to secure an appropriate improvement of a lot to prevent unreasonable
hardship or to promote uniformity of appearance, provided such exceptions do not exceed
a twenty percent (20%) exception from existing regulations.
a. A Minor Exception request for the extension of nonconforming building walls with in
a side yard side yard setback may be approved only where:
1) The square footage of any new encroachment into the setback does not exceed the
square footage of the existing nonconforming, encroachment into the setback.
2) The resulting structure complies with the floor area,lot coverage, and other setback
requirements of the zone in which it is located.
3) The minor exception shall be in compliance with all Building and Safety laws.
4) No previous variance or minor exception has been granted for an extension of the
subject nonconforming wall.
5) The expansion area shall be defined by the extension of two or more existing
exterior walls.
2. Minor exception of fence, wall, hedge, sign, swimming pool, and storage regulations,
including vehicles, boats, trailers, and campers, as may be necessary to secure an
appropriate improvement or use of a lot, provided that such exceptions do not exceed a
twenty percent (20%) variation from existing regulations;
3. Reduction of other than ADA required accessible parking by two (2) spaces; but
a. Not to exceed ten percent (10%) of the total parking requirement; and
b. Not to be used in combination with any other variance or exception or development
standard modification to the parking requirements; and
c. Not to be used to reduce the number of spaces required when new buildings or new
parking areas are being constructed.
4. Any other Minor Exception authorized by the City of Rosemead Municipal Code pursuant
to these provisions.
5. The Community Development Director may, in his or her discretion,refer to the Planning
Commission any application for a Minor Exception for the decision of the Planning
Commission without further fee to the applicant.
6. All acts performed pursuant to the provisions of this chapter shall be construed as
administrative acts performed for the purpose of assuring that the intent and purposes of
this chapter shall apply in special cases and shall not be construed as amendments to the
provisions of this Title or to the map adopted by the provisions of this Title.
B. The Planning Commission shall have the authority to grant, subject to appeals to the City
Council, minor exceptions as follows:
1. 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.
2. 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 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;
b. The proposal includes the necessary work to maintain or improve the aesthetic
appearance or architectural viability of the existing nonconforming structures onsite;
c. 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;
d. 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;
17.142.030 Application and fees.
A. Form.
Applications for a Minor Exception shall be made in writing to the Community Development
Department in such form as approved by the Department. The City shall develop an
Application Checklist, which shall specify all information required to be provided by the
applicant in order for such application to be considered complete. Applications filed pursuant
to the provisions of this section shall be numbered consecutively in the order of their filing,
and copies of all notices and actions pertaining to the application shall be attached thereto.
B. Supplementary information.
Applications for a Minor Exception shall be accompanied by the following:
1. A reference to the provisions of this chapter from which such property is sought to be
excepted; and
2. Fees. A fee shall be paid to the City upon the filing of each application for the purpose of
defraying the expenditures incidental to the proceedings set forth in this subchapter in an
amount established by the City Council, from time to time, by resolution.
17.142.040 Hearing and notice.
Notice shall be given by mailing, postage prepaid, to the owners of all property abutting the
exterior boundaries of the subject property. If any objections are received within ten(10)business
days (Monday-Friday), the Community Development Director shall hold a hearing on the
application. Such hearing shall be held not less than ten (10) business days after submittal of a
complete application. If no objections are received,no hearing will be required and the Community
Development Director may approve the application.
17.142.050 Investigation of application.
The Community Development Director shall cause to be made such investigations of the facts
bearing upon such applications as will serve to provide all the necessary information to assure that
the action on each such application is consistent with the intent of the provisions of this subchapter
and with previous amendments, variances, and Minor Exceptions.
17.142.060 Appeals from decision of Community Development Director.
Appeals from decisions of the Community Development Director shall be made in accordance
with the provisions set forth in Chapter 17.160 (Appeals and Requests for Review).
17.142.070 Decision on minor exception to be fmal prior to issuance of permit.
No permit or license shall be issued for any use or construction involved in an application for a
Minor Exception until the decision on such application shall have become final by reason of the
expiration of the time to make an appeal.
17.142.080 Voiding of minor exception.
If for a period of six (6) months any use or construction authorized by any Minor Exception is, or
has been,unused,abandoned,or discontinued,or the conditions have not been complied with,such
Minor Exception shall become null and void and of no effect.
17.142.090 Extension of time.
An extension of time for any Minor Exception maybe granted by the Community Development
Director upon the written request of an interested person filed with the Community Development
Department prior to the expiration of a six (6) months period. Such request shall set forth the
reasons, supported by factual data of why the minor variance has been unused, abandoned, or
discontinued, or the conditions not complied with. No extension of time for any Minor Exception
shall be granted unless the Community Development Director finds the facts to be substantially as
set forth and to constitute justifiable cause for such extension. If the original Minor Variance was
granted after an appeal to the Planning Commission,then the Planning Commission shall consider
the request for an extension. A fee shall be paid to the City upon the filing of each request for an
extension in an amount established by the City Council from time to time by resolution, for the
purpose of defraying the expenditures incidental to the proceedings set forth in this Chapter.
SECTION 5. Construction. This Ordinance must be broadly constructed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that facilitates
the purposes set forth in this Ordinance.
SECTION 6. Enforceability. Repeal of any provision of the RMC does not affect any
penalty, forfeiture,or liability incurred before,or preclude prosecution and imposition of penalties
for any violation occurring before this Ordinance's effective date. Any such repealed part will
remain in full force and effect for sustaining action or prosecuting violations occurring before the
effective date of this Ordinance.
SECTION 7. 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 8. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 9. 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 by the City Council of the City of Rosemead,
County of Los Angeles of the State of California on this 9th day of April, 2019.
)2 Lo c i
Margare Clark, Mayor
ATTEST:
Ericka HernaMide'z, City Clerk
APPROVED AS TO FORM:
Sge41
Rachel H. Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing City Council Ordinance No. 987, was duly regularly introduced and placed upon
its first reading at regular meeting of the City Council on 26th of March, 2019. That after said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 9th day
of April, 2019, by the following vote to wit:
AYES: ARMENTA, CLARK,DANG, LOW, LY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Ericka Hernandez, City Clerk