PC - 2020-03 - Approving Amendment 20-01 and Amending Title 17 of the Rosemead Municipal Code to comply with new State provisions for ADUs PC RESOLUTION 20-03
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.
995 FOR THE APPROVAL OF MUNICIPAL CODE AMENDMENT 20-01
(MCA 20-01), AMENDING TITLE 17 (ZONING) OF THE ROSEMEAD
MUNICIPAL CODE TO COMPLY WITH NEW STATE PROVISIONS FOR
ACCESSORY DWELLING UNITS (ADUs).
WHEREAS, on October 9, 2019, Governor Gavin Newsom signed State laws
(Assembly Bill 68, Assembly Bill 881, and Senate Bill 13), which amended Government
Code Sections 65852.2 and 65'852.22 pertaining to local regulations for ADUs;
WHEREAS, local ordinances that are not compliant with the new state provisions
are null and void as of January 1, 2020, after which time such jurisdiction must apply the
standards in Government Code Sections 65852.2 and 65852.22 until a compliant local
ordinance is adopted;
WHEREAS, the City of Rosemead's current Municipal Code conflicts with the
regulations specified in Government Code Sections 65852.2 and 65852.22;
WHEREAS, amendments to Title 17 (Zoning), specifically RMC Sections
17.04.050 (Definitions) and 17.30.190 (Accessory Dwelling Units) are necessary to
update requirements for the establishment of ADUs in conformance with Government
Code Sections 65852.2 and 65852.22;
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, on May 21, 2020, a notice was published in the Rosemead Reader
and notices were posted in five public locations, specifying the availability of the proposal,
and the date, time, and location of the public hearing for MCA 20-01;
WHEREAS, on June 1, 2020 the Planning Commission meeting was cancelled
and the duly noticed and advertised public hearing was postponed due to the County of
Los Angeles' issued curfew;
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WHEREAS, on June 4, 2020, a notice was published in the Rosemead Reader
and notices were posted in five public locations, specifying the availability of the proposal,
and the date, time, and location of the public hearing for MCA 20-01;
WHEREAS, on June 15, 2020, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to MCA 20-01; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. Under California Public Resources Code section 21080.17, the
California Environmental Quality Act (CEQA) does not apply to the adoption of an
ordinance by a city or county implementing the provisions of section 65852.2 of the
Government Code, which is California's ADU law and which also regulates JADUs, as
defined by section 65852.22. Therefore, MCA 20-01 is statutorily exempt from CEQA in
that the proposed ordinance implements the State's ADU law.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Municipal Code Amendment 20-01, 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 General Plan and
Garvey Avenue Specific Plan, as Government Code Section 65852.2(a)(8), provides that
an accessory dwelling unit that conforms to [the applicable] subdivision shall be deemed
to be an accessory use or an accessory building and shall not be considered to exceed
the allowable density for the lot upon which it is located, and shall be deemed to be a
residential use that is consistent with the existing general plan and zoning designations
for the lot.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City; and
FINDING: The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City, as ADUs are currently permitted in the
Zoning Code. The State legislature has identified that the California housing shortage is
a significant statewide issue. The State believes that increasing the development of
ADUs and JADUs is one approach to address the housing crisis. To comply with State
law, the proposed revisions would bring the ADU Ordinance into full compliance with
State law.
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C. The proposed amendment is internally consistent with other applicable
provisions of[the] Zoning Code.
FINDING:,The City of Rosemead's current ADU Ordinance does not comply with
the new State provisions for ADUs, and is therefore, deemed null and void. MCA 20-01
is intended to bring Title 17 (Zoning) of the Rosemead Municipal Code up to compliance
with State legislation regarding the development and conversion of ADUs in the City. The
proposed amendment would adopt new standards for ADUs, in accordance with the
provisions of Government Code Sections 65852.2 and 65852.22. The amendment would
also provide clarity and consistency for the regulation of ADUs throughout Title 17
(Zoning) of the Rosemead Municipal Code.
SECTION 3. The Planning Commission HEREBY RECOMMENDS City Council
adoption of Ordinance No. 995 for the approval of MCA 20-01, an amendment to Title 17
(Zoning) of the Rosemead Municipal Code comply with the new State provisions for
accessory dwelling units.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on June 15, 2020, by the following vote:
AYES: BERRY, ENG, LOPEZ, TANG, AND VUONG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SECTION 5. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 15th day of June, 2020.
NanLy.En hair
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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 15th day of June,
2020, by the following vote:
AYES: BERRY, ENG, LOPEZ, TANG, AND VUONG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
• it/VA Angelica Frausto-Lup , Secretary
APPROVED AS TO FORM:
Christina Burrows, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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