PC - Item 3A - Municipal Code Amendment (MCA) 21-02Planning Commission Meeting
July 19, 2021
Page 13 of 20
E. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience or welfare of the City; and
FINDING: Adopting this Ordinance will not be detrimental to the public interest,
health, safety, convenience or welfare of the City because residential/commercial mixed-use
developments are currently permitted in residential/commercial mixed-use zones. The
amendment would provide opportunity for current and future mixed-use developments to
incorporate live/work units and outdoor dining. Live/work units and outdoor dining are
consistent with the intent of a residential/commercial mixed-use development as it combines and
integrates residential and commercial, institutional, and office uses. Incorporating live/work
units also provides cost-efficient alternative workspace that will provide an incentive for
entrepreneurs, business owners, artists, artisans, and other individuals to continue to work in City
and contribute to the City's economy.
F. The proposed amendment is internally consistent with other applicable provisions
of [the] Zoning Code.
FINDING: The City's Zoning Code currently allows residential/commercial mixed-use
developments in mixed-use zones, such as the Residential/Commercial Mixed -Use Development
Overlay zone. As defined in the Zoning Code, a mixed-use development combines and integrates
residential uses with commercial, institutional, and office uses. The mix of uses may be
combined in a vertical residential/commercial mixed-use building or combined in separate
buildings located on one property and/or under unified control. The proposed amendment is
consistent with the definition for mixed-use. The proposed amendment will also provide for the
greatest possible flexibility in development choices and provides new opportunities for a
live/work use to be incorporated into residential/commercial mixed-use developments. In
addition, outdoor dining is already a permitted use in the residential/commercial mixed-use
development overlay zone and the amendment will only streamline the permitting process from a
Conditional Use Permit to an Administrative Use Permit.
SECTION 2. Code Amendment. RMC § 17.04.050 [Definitions — General] is hereby
amended to add a new definition for "artist studio," "live/work (includes artist live/work)," and
"telework/telecommuting," as folloN�Ts:
"Artist Studio" means a space used to produce paintings, drawings, pottery, sculpture, ceramics,
home crafts, creative writing, dance (individual or one on one instruction), or music (individual
or one on one instruction). Offensive noise, vibration, dust, etc., are prohibited. Most goods are
sold primarily at a different location, such as fanner markets or festivals.
"Live/Work (includes artist live/work)" means a unit that is designed or structurally modified to
combine residential occupancy and commercial activity such as artist studios, professional
offices, software/media offices, or small-scale retail sales of art and crafts.
"Telework/Telecommuting" means a flexible work arrangement in which a person performs the
normal duties and responsibilities of their positions from home and where the use of computer
and telecommunications technology is often used, while not always necessary.
Planning Commission Meeting
July 19, 2021
Page 15 of 20
• 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
(Administrative Use Permit Required);
• Hobby shops;
• Interior decorating shops;
• Jewelry stores;
• Live/Work subject to the requirements of Section 17.30.210;
• Music stores;
• Paint stores;
• Pet supply stores;
• Photo -copy, printing, or office supply stores;
• 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 17.28.030.E.5;
• Shoe stores or shoe repair shops;
• Tailor, clothing or wearing apparel shops; and
• Travel agencies.
SECTION 4. Code Amendment. RMC § 17.3 0.210 is hereby added to Chapter 17.30
(Standards for Specific Land Uses), as follows:
17.30.210 Live/Work (includes Artist Live/Work).
A. Purpose. The purpose of the following provisions is to provide standards for live/work units
and to ensure a live/work unit is consistent with the definition of a mixed-use development.
B. Applicability. The provisions in this section shall apply to live/work units as defined in
Article 1, Section 17.04.050 (Definitions) and where allowed in compliance with Article 2
(Zoning Districts Allowable Land Uses and Zone Specific Standards) and the following
City standards.
C. City Standards.
Planning Commission Meeting
July 19, 2021
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1.
At least 25% and no more than 75% of the unit must be dedicated to residential use.
�. 1 lie VVQMI Ig space 15 LO De USec1 ny Lne one or more or ine occupants (owner -occupant
or renter occupant) or a single nousenolca or iai1111y.
3. One or more occupants is a business owner with a valid Rosemead Business License or
where one or more occupants has submitted a signed letter, documenting
telework/telecommutineF or other related activities for the majority of the work week.
4. The unit consists of a full kitchen, full bathroom (bathing and sanitary) facilities in
compliance with the applicable Building Codes.
5. No more than one full time equivalent non -occupant employee is permitted to work in
addition to the occupants of the live/work unit.
6. The Community Development Director shall have the discretion to allow other uses not
listed under permitted uses.
7. The Community Development Director or his/her designee may require the
discontinuance of a work activity in a live/work unit if, as operated or maintained there
has been a violation of any applicable condition or standard. The Community
Development Director or his/her designee shall have the authority to prescribe additional
CQUIUMU11j UI1U - l.ddIIUdt Us Ul U pel-ULIUn 10f ally CaWgory or worK activity In a live/ worK
unit.
8. Permitted live/work uses include:
a. Professional Office (such as an architect, accountant, realtor, sales
representative, website/graphic designer, consultant, etc.)
b. Artist Studio
c. Cottage Food Operation (provided that all orders are pre -ordered and for pick-
up only). There shall be no restaurant service, storefront, and no installation of
industrial kitchen equipment. The operator must utilize the existing_ kitchen
facilities within the residential component of the live/work unit).
d. Tutoring Services (Small
e. Additional uses not listed may be permitted subi ect to the discretion of the
Community Development Director.
9. Unpermitted live/work uses include:
a. Restaurants
b. Wholesale and Retail Sales (including but not limited to automobiles,
merchandise, herb and/or pharmaceuticals, guns and/or ammunition, etc.)
c. Dating Services (ex. no speed dating mixers)
d. Adult Businesses
e. Fortune Telling, Palm Reading, Psychics, and similar uses
f. Massage Services
Personal Care Services (hair, nails, facials, or similar uses)
h. Medical and Dental Offices
Planning Commission Meeting
July 19, 2021
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i. Automobile, Boat, or Aircraft Repair (body and/or mechanical), Detailing
(washing, waxing, tinting, etc.), Testing. Towing, and/or other auto services
related uses
j_ Plumbing, Machine, or Sheet Metal Works
k. Carpentry Shops
1. Contractor Storage Yard
m. Laundering of Clothes or other Articles
n. Animal Kennels or Breeding
o. Additional uses that 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. Commercial uses shall not create any other
negative effect that may be felt, heard, or otherwise sensed by adjoining units
as determined by the Community Development Director
p Any other uses that require the granting of a Conditional Use Permit
10. Off -Street Parking for Live/Work Units. The more restrictive parking requirement
(residential or nonresidential) shall apply to live/work units in each of the following
701100,
o Residential/Commercial Mixed -Use Development Overlay
1) Residential: provide no less than two standard sized parking space and
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2) Nonresidential: provide one standard sized parking space per 250
square feet of floor area.
o Parkin areas for residential guests may be uncovered and combined with
nonresidential parking if live/work units are incorporated into the mixed-use
development.
SECTION 5. Code Amendment. RMC § 17.28.030.C.4 is hereby amended to add
live/work to permitted uses, as follows:
4. The following uses shall be the only uses for which a Conditional Use Permit or
Administrative Use Permit may be applied for and granted in a residential/commercial
mixed-use development:
a. Conditional Use Permit
j� Any commercial use that operates after midnight;
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2) Any establishment having an off -sale license for alcoholic beverages;
3 Any establishment having an on -sale license for alcoholic beverages;
4) Commercial recreation and entertainment;
5) Convenience markets subject to the requirements of Section
17.28.030.E.3; and
6) Libraries and museums.
b. Administrative Use Permit
1) Any eating establishment with outdoor seating.