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CC - Item 4D - Second Reading and Adoption of Ordinance No. 1000 on Municipal Code Amendment 21-02ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER Oya- DATE: SEPTEMBER 28, 2021 SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1000, REGARDING MUNICIPAL CODE AMENDMENT 21-02 SUMMARY On July 27, 2021, the City Council conducted a public hearing and introduced for first reading Ordinance No. 1000, which amends Title 17 ("Zoning") of the Rosemead Municipal Code by defining and establishing specific standards for live/work units in the residential/commercial mixed-use overlay zones. A live/work unit provides opportunities to integrate live and work in one space that is designed 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. In addition, MCA 21-02 would modify the approval requirement for outdoor dining area in the residential/commercial mixed-use development overlay zones from a Conditional Use Permit to an Administrative Use Permit. STAFF RECOMMENDATION That the City Council approve the second reading and adopt Ordinance No. 1000 by title only, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FOR THE APPROVAL OF MCA 21-02, AMENDING TITLE 17 (ZONING) OF THE ROSEMEAD MUNICIPAL CODE BY ADDING DEFINITIONS TO SECTION 17.04.050 DEFINITIONS - GENERAL OF CHAPTER 17.04, ADDING LIVE/WORK AS A PERMITTED USE IN ALL MIXED-USE LAND USE DESIGNATIONS IN THE CITY, ADDING LIVE/WORK AS A PERMITTED USE TO SECTION 17.28.030.C.1 PERMITTED USES, ADDING SECTION 17.30.210 LIVE/WORK TO CHAPTER 17.30 STANDARDS FOR SPECIFIC LAND USES WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR LIVE/WORK UNITS, AND MODIFYING THE APPROVAL REQUIREMENT FOR OUTDOOR DINING IN THE RESIDENTIAL/COMMERCIAL MIXED-USE AGENDA ITEM 4.1) City Council Meeting September 28, 2021 Page 2 of 2 DEVELOPMENT OVERLAY ZONES FROM A CONDITIONAL USE PERMIT TO AN ADMINISTRATIVE USE PERMIT FISCAL IMPACT None. STRATEGIC PLAN IMPACT The proposed Ordinance is consistent with Strategy 1 of the Strategic Plan: aggressively pursue economic development to enhance local shopping and dining options, encourage new high quality and affordable housing stock, beautify commercial corridors, create jobs, and increase General Fund revenues to sustain service levels and maintain public facilities. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a summary of Ordinance No. 1000 notice published in the Rosemead Reader on July 29, 2021, and posting of the notice at six (6) public locations. Submitted by: Ericka Hernandez City Clerk Attachment A: Ordinance No. 1000 Attachment B: City Council Staff Report Dated July 27, 2021 Attachment A Ordinance No. 1000 ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FOR THE APPROVAL OF MCA 21-02, AMENDING TITLE 17 (ZONING) OF THE ROSEMEAD MUNICIPAL CODE BY ADDING DEFINITIONS TO SECTION 17.04.050 DEFINITIONS -GENERAL OF CHAPTER 17.04, ADDING LIVE/WORK AS A PERMITTED USE IN ALL MIXED-USE LAND USE DESIGNATIONS IN THE CITY, ADDING LIVE/WORK AS A PERMITTED USE TO SECTION 17.28.030.C.1 PERMITTED USES, ADDING SECTION 17.30.210 LIVE/WORK TO CHAPTER 17.30 STANDARDS FOR SPECIFIC LAND USES WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR LIVE/WORK UNITS, AND MODIFYING THE APPROVAL REQUIREMENT FOR OUTDOOR DINING IN THE RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT OVERLAY ZONES FROM A CONDITIONAL USE PERMIT TO AN ADMINISTRATIVE USE PERMIT THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council HEREBY FINDS AND DETERMINES that facts do exist to justify approving Municipal Code Amendment 21-02, in accordance with Section 17.152.060 of the Rosemead Municipal Code ("RMC") 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 goals, policies, and objectives of the General Plan. It is a goal of the Land Use Element of the General Plan to create vibrant, attractive mixed-use developments. To ensure that mixed-use developments are vibrant and attractive, a General Plan policy of the City encourages mixed-use development as a means of upgrading established uses and developing vacant parcels along arterials and providing new commercial, residential, and employment opportunities. The proposed code amendments will provide the City with additional tools to ensure mixed-use developments will provide for both residential and nonresidential (commercial) opportunities. This ordinance is tailored to preserve the character of a mixed -used development, while allowing live/work units to be incorporated into the design. In addition, live/work units provide for employment opportunities and may create public revenues to provide for City services and the City's tax base. Furthermore, streamlining the permitting process for outdoor dining within the residential/commercial mixed-use overlay zone is also consistent with the General Plan. B. 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. C. 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 follows: "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 farmer 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. SECTION 3. Code Amendment. RMC § 17.28.030.C.1 is hereby amended to add live/work to permitted uses, as follows: C. Permitted Uses. 1. 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 2 premises, and not more than twenty (20) percent of the floor area of the building shall be used in the manufacturing, 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; • Artist studios; • ATM facilities subject to the requirements of Section 17.28.030.E.2; • 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 (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 § 17.30.210 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. 1. At least 25% and no more than 75% of the unit must be dedicated to residential use. 2. The working space is to be used by the one or more of the occupants (owner -occupant or renter occupant) of a single household or family. 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/telecommuting 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. 1! 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 conditions and standards of operation for any category 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 subject 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 g. Personal Care Services (hair, nails, facials, or similar uses) h. Medical and Dental Offices i. Automobile, Boat, or Aircraft Repair (body and/or mechanical), Detailing (washing, waxing, tinting, etc.), Testing, Towing, and/or other auto services related uses L 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 5 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 zones. a. Residential/Commercial Mixed -Use Development Overlay Residential: provide no less than two standard sized parking space and 0.5 standard sized guest parking space 2) Nonresidential: provide one standard sized parking space per 250 square feet of floor area. b. Freeway Corridor Mixed -Use Overlay Residential i. Provide no less than one standard sized parking space and 0.5 standard sized guest parking space for a studio or one bedroom unit. ii. Provide no less than two standard sized parking space and 0.5 standard sized guest parking space for units with two or more bedrooms. 2) Nonresidential: provide one standard sized parking space per 400 square feet of floor area. c. Parking 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 modify the approval requirement for outdoor dining, 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 1) Any commercial use that operates after midnight; 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 outdoor dining area. SECTION 6. Code Amendment. RMC § 17.28.030.D.15 is hereby amended to modify the approval requirement for outdoor seating, as follows: 15. Land Use. a. Ground Floor Uses. 1) Notwithstanding Section 17.28.030.C.6.c.1, the ground floor uses on the street frontage shall be commercial. 2) Outdoor seating may be allowed on private property with an administrative use permit. 2 3) When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation physical design and plant material should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area and a sign shall be posted. b. Vertical Compatibility of Uses. 1) Commercial uses shall be designed and operated such that neighboring residents of residential units on the floors above are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries or late night activity 2) A conditional use permit shall be required for commercial uses that operate after midnight. 3) No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments at the property lines of the site or within the interior of residential units on the site. SECTION 7. Environmental Review. MCA 21-02 is not a project pursuant to California Environmental Quality Act (CEQA) Guideline 15378, because the activity undertaken involves general text amendments that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and does not meet the definition of a "Project" under CEQA. The proposed Code Amendment is also exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA only applies to projects which have the potential for causing a significant effect on the environment. As a series of text amendments, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. SECTION 8. 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 9. 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 10. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 11. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. SECTION 12. 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 7 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 28th day of September 2021. ATTEST: Polly Low, Mayor APPROVED AS TO FORM: Ericka Hernandez, City Clerk Rachel H. Richman, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of California, hereby attest to the above signature and certify that Ordinance No. 1000 was introduced for first reading at the regular meeting of July 27, 2021. Said Ordinance was approved and adopted by the City Council of the City of Rosemead at a regular meeting held on the 28th day of September 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 9 Ericka Hernandez, City Clerk Attachment B City Council Staff Report Dated July 27, 2021 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER I N& DATE: JULY 27, 2021 SUBJECT: PUBLIC HEARING ON MUNICIPAL CODE AMENDMENT 21-02 (ORDINANCE NO. 1000 ) SUMMARY Municipal Code Amendment 21-02 (MCA 21-02) is a City initiated amendment to Title 17 ("Zoning") of the Rosemead Municipal Code by defining and establishing specific standards for live/work units in the residential/commercial mixed-use overlay zones. A live/work unit provides opportunities to integrate live and work in one space that is designed 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. In addition, MCA 21-02 will modify the approval requirement for outdoor dining area in the residential/commercial mixed- use development overlay zones from a Conditional Use Permit to an Administrative Use Permit. ENVIRONMENTAL DETERMINATION MCA 21-02 is not a project pursuant to California Environmental Quality Act (CEQA) Guideline 15378, because the activity undertaken involves general text amendments that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and does not meet the definition of a "Project" under CEQA. The proposed Code Amendment is also exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA only applies to projects which have the potential for causing a significant effect on the environment. As a series of text amendments, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. DISCUSSION In January 2021, the City Council approved the live/work interpretation for Artist Live/Work in the Garvey Avenue Specific Plan and discussed allowing live/work units in residential/commercial mixed-use developments citywide. On February 17, 2021, staff met with the Commercial Task Force Subcommittee (consisting of Mayor Pro Tem Sean Dang, Councilmember Steven Ly, City Manager Gloria Molleda, and Community Development AGENDA ITEM 4.A City Council Meeting July 27, 2021 Page 2 of 3 Department staff) to discuss the implementation of a citywide code amendment to incorporate live/work units in the residential/commercial mixed-use overlay zones. Based on the shift to remote work during the COVID-19 pandemic, the Commercial Task Force Subcommittee agreed that an amendment to the Zoning Code would prepare the City for future changes to the post - pandemic workforce. Since the COVID-19 pandemic has significantly impacted the restaurant business community, MCA 21-02 would also amend the permitting requirement to streamline the outdoor dining approval from a Conditional Use Permit ("CUP") to an Administrative Use Permit ("AUP") in the Residential/Commekcial Mixed -Use Overlay zones. The AUP is an administrative review by the Community Development Director whereas the CUP is approved by the Planning Commission. On July 19, 2021, the Planning Commission conducted a duly noticed public hearing and adopted Resolution No. 21-07 recommending that the City Council adopt Ordinance No. 1000 approvaling MCA 21-02. The Planning Commission discussed clarification on the live/work concept and whether ADA accessibility would be reviewed to ensure compliance with applicable code standards. The Planning Commission concluded that MCA 21-02 is the right direction to support the small business community. The analysis of the proposed amendment is provided in the attached Planning Commission Staff Report. The Planning Commission Staff Report, Planning Commission Resolution No. 21-07, and Draft Planning Commission Meeting Minutes are included in this report as Attachments D, E, and F, respectively. STAFF RECOMMENDATION That the City Council: 1. Conduct a public hearing and receive public testimony; and 2. Introduce the first reading, by title only, Ordinance No. 1000 (Attachment "A"), approving Municipal Code Amendment 21-02. FISCAL IMPACT None. STRATEGIC PLAN IMPACT The proposed Ordinance is consistent with the Strategy 1 of the Strategic Plan to agressively pursue economic development to enhance local shopping and dining options, encourage new high quality and affordable housing stock, beautify commercial corridors, create jobs, and increase General Fund revenues to sustain service levels and maintain public facilities. City Council Meeting July 27, 2021 Page 3 of 3 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: 4 4L Lily Valenzuela, Planning and Economic Development Manager Submitted Angelica Fr to -Lupo, Director of Comrn:ifn ty Development Attachment A: Draft Ordinance No. 1000 Attachment B: City Council Staff Report (dated January 12, 2021) — Live/Work Interpretation Attachment C: City Council Staff Report (dated January 26, 202 1) — Live/Work Interpretation Attachment D: Planning Commission Staff Report (dated July 19, 202 1) Attachment E: Planning Commission Resolution 21-07 Attachment F: Draft Planning Commission Minutes (dated July 19, 202 1) Attachment A Draft Ordinance No. 1000 ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FOR THE APPROVAL OF MCA 21-02, AMENDING TITLE 17 (ZONING) OF THE ROSEMEAD MUNICIPAL CODE BY ADDING DEFINITIONS TO SECTION 17.04.050 DEFINITIONS -GENERAL OF CHAPTER 17.04, ADDING LIVE/WORK AS A PERMITTED USE IN ALL MIXED-USE LAND USE DESIGNATIONS IN THE CITY, ADDING LIVE/WORK AS A PERMITTED USE TO SECTION 17.28.030.C.1 PERMITTED USES, ADDING SECTION 17.30.210 LIVE/WORK TO CHAPTER 17.30 STANDARDS FOR SPECIFIC LAND USES WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR LIVE/WORK UNITS, AND MODIFYING THE APPROVAL REQUIREMENT FOR OUTDOOR DINING IN THE RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT OVERLAY ZONES FROM A CONDITIONAL USE PERMIT TO AN ADMINISTRATIVE USE PERMIT THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council HEREBY FINDS AND DETERMINES that facts do exist to justify approving Municipal Code Amendment 21-02, in accordance with Section 17.152.060 of the Rosemead Municipal Code ("RMC") 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 goals, policies, and objectives of the General Plan. It is a goal of the Land Use Element of the General Plan to create vibrant, attractive mixed-use developments. To ensure that mixed-use developments are vibrant and attractive, a General Plan policy of the City encourages mixed-use development as a means of upgrading established uses and developing vacant parcels along arterials and providing new commercial, residential, and employment opportunities. The proposed code amendments will provide the City with additional tools to ensure mixed-use developments will provide for both residential and nonresidential (commercial) opportunities. This ordinance is tailored to preserve the character of a mixed -used development, while allowing live/work units to be incorporated into the design. In addition, live/work units provide for employment opportunities and may create public revenues to provide for City services and the City's tax base. Furthermore, streamlining the permitting process for outdoor dining within the residential/commercial mixed-use overlay zone is also consistent with the General Plan. B. 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. C. 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 follows: "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 farmer 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 SECTION 3. Code Amendment. RMC § 17.28.030.C.1 is hereby amended to add live/work to permitted uses, as follows: C. Permitted Uses. 1. 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 2 premises, and not more than twenty (20) percent of the floor area of the building shall be used in the manufacturing, 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; • Artist studios; • ATM facilities subject to the requirements of Section 17.28.030.E.2; • 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 (Administrative Use Permit Required); • Hobby shops; • Interior decorating shops; • Jewelry stores; 3 • 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 § 17.30.210 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. 1. At least 25% and no more than 75% of the unit must be dedicated to residential use. 2. The working, space is to be used by the one or more of the occupants (owner -occupant or renter occupant) of a single household or family. 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/telecommuting 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 BuildingCodes. 4 5. No more than one full time equivalent non -occupant emplo eve is permitted to work in addition to the occupants of the live/work unit. 6. The Communi . 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 alive/work unit if, as operated or maintained, there has been a violation of anygpplicable condition or standard. The Communi1y Development Director or his/her designee shall have the authority to prescribe additional conditions and standards of operation for any category 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/gra hip c designer, consultant, etc.) b. Artist Studio c. Cottage Food Operation (provided that all orders are pre -ordered and for 12ick- 0 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 subject 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 datingmixers) d. Adult Businesses e. Fortune Telling, Palm Reading, Psychics, and similar uses f. Massage Services g_ Personal Care Services (hair, nails, facials, or similar uses) h. Medical and Dental Offices i. Automobile, Boat, or Aircraft Repair (body and/or mechanical), Detailing (washing waxing, tinting, inting, etc , Testing, Towing, and/or other auto services related uses j. Plumbing, Machine, or Sheet Metal Works k. Cgoepja 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.lg are, light, noise, vibration, toxicthazardous 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 badjoiningunits, as determined by the Community Development Director p. AW other uses that require therg anting 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 zones. a.. Residential/Commercial Mixed -Use Development Overlay Residential: provide no less than two standard sized parking space and 0.5 standard sized guest parking space Nonresidential: provide one standard sized parking space per 250 square feet of floor area. b. Parking 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 modify the approval requirement for outdoor dining, 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; Any establishment having an off -sale license for alcoholic beverages; Any establishment having an on -sale license for alcoholic beverages; 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) AU outdoor dining area. SECTION 6. Code Amendment. RMC § 17.28.030.D.15 is hereby amended to modify the approval requirement for outdoor seating, as follows: 15. Land Use. a. Ground Floor Uses. 1) Notwithstanding Section 17.28.030.C.6.c.1), the ground floor uses on the street frontage shall be commercial. 2) Outdoor seating may be allowed on private property with an eefidifieftw administrative use permit. 3) When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation physical design and plant material should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area and a sign shall be posted. b. Vertical Compatibility of Uses. 1) Commercial uses shall be designed and operated such that neighboring residents of residential units on the floors above are not exposed to offensive 0 noise, especially from traffic, trash collection, routine deliveries or late night activity 2) A conditional use permit shall be required for commercial uses that operate after midnight. 3) No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments at the property lines of the site or within the interior of residential units on the site. SECTION 7. Environmental Review. MCA 21-02 is not a project pursuant to California Environmental Quality Act (CEQA) Guideline 15378, because the activity undertaken involves general text amendments that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and does not meet the definition of a "Project" under CEQA. The proposed Code Amendment is also exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA only applies to projects which have the potential for causing a significant effect on the environment. As a series of text amendments, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. SECTION 8. 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 9. 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 10. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 11. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. SECTION 12. 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. 7 PASSED, APPROVED, AND ADOPTED this ATTEST: Ericka Hernandez, City Clerk 8 n, day of , 2021. Polly Low, Mayor APPROVED AS TO FORM: Rachel H. Richman, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of California, hereby attest to the above signature and certify that Ordinance No. 1000 was first introduced at the regular meeting of July 27, 2021, by first reading. Said Ordinance was approved and adopted by the City Council of the City of Rosemead at a regular meeting held on the cn day of 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 7 Ericka Hernandez, City Clerk Attachment B City Council Staff Report Dated January 12, 2021 ROSEMEAD CITY COUNCIL STAFF REPORT TO: . THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER. 0. . DATE: JANUARY 12, 2021 SUBJECT: GARVEY AVENUE SPECIFIC PLAN LIVE/WORK INTERPRETATION SUMMARY Artist Live/Work is currently an allowed land use in the Garvey Avenue Specific Plan, Residential/Commercial (GSP-R/C) and Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zones. A live/work unit is a space where the lessee can both live and work in the unit within established parameters. Since a definition of live/work is not specified in the Zoning Code or Garvey Avenue Specific Plan, staff has developed an interpretation of how live/work units should be defined and how parking should be calculated in mixed-use developments. STAFF RECOMMENDATION That the City Council confirm the interpretation of live/work units as provided for in this staff report to apply to the Garvey Avenue Specific Plan, Residential/Commercial (GSP-R/C) and Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zones. DISCUSSION The Garvey Avenue Specific' Plan was approved and adopted by the City Council on February 13, 2018 and became effective on April 10, 2018. The Garvey Avenue Specific Plan supports the development of approximately 1. 18 million square feet of commercial development, 892 dwelling units, and 0.77 acres of open space. The Garvey Avenue Specific Plan is a useful tool to assist in the development of the corridor, to create a "sense of place", and to strengthen the identity and image of Garvey Avenue, as well as, expand opportunities for concentrated commercial, and residential uses that contribute to jobs and tax revenues to the community. Furthermore, the Garvey Avenue Specific Plan greatly streamlines the development approval process. As a result of the COVID-19 pandemic, there has been a significant and sustained increase of persons working from home, it can be expected that an increase in live/work units should therefore be incorporated into mixed-use developments within the Garvey Avenue Specific Plan. In order to help ensure that the City is prepared for live/work opportunities iii the future, staff has EXHIBIT "C" City Council Meeting January 12, 2021 Page 2 of 5 developed an interpretation of live/work, units based on discussions with the City's Garvey Avenue Specific Plan Consultant, MIG, and the Council Commercial Task Force Subcommittee. Staff also reviewed the surrounding city's definitions of live/work units to help determine the best interpretation for the City of Rosemead within the scope and meaning of the Garvey Avenue Specific Plan, Residential/Commercial (GSP-R/C) and Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MLT) zones. The Commercial Task Force Subcommittee, consisting of Councilmembers Steven Ly and Sean Dang, City Manager Gloria Molleda, and Community Development Department staff, was created by the City Council as a resource for attracting and retaining new businesses within the City; therefore, staff recently met with the Commercial Task Force Subcommittee to discuss staff s interpretation of live/work units. While the Zoning Code (RMC Section 17.04.04 - Interpretations of Provisions) and Garvey Avenue Specific Plan provide the Director of Community Development authority to interpret provisions of the code, staff is seeking confirmation from the City Council on the interpretation of how live/work units should be defined and how parking should be calculated for mixed-use developments, After meeting with the Commercial Task Force Subcommittee, staff has developed the following interpretation for live/work units, Definition for Live/Work Units: Live/Work Unit: 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* and: • Where at least 25% and no more than 75% of the unit must be dedicated to residential use; • Where the working space is to be used by the one or more of the occupants (owner - occupant or renter -occupant) of a single household or family; • Where one or more occupants is the licensed business owner with a valid City of Rosemead Business License; • Where the unit consists of a full kitchen, full bathroom (bathing and sanitary) facilities in compliance with the applicable Building Codes; and •- Where no more than one full time equivalent non -occupant employee is permitted to work in addition to the occupants of the live/work unit. * Additional uses not listed may be permitted subject to the discretion of the Community Development Director. 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 City Council Meeting January 12, 2021 Page 3 of 5 additional conditions and standards of operation for any category or work activity in a live/work unit. Examples of permitted live/work uses include: • Professional office such as for an architect, accountant, realtor, sales representative, website/graphic designer; • Consulting businesses; • Artist or author studios; • Businesses such as artisan and home crafts (i.e. ceramics, paintings, handmade goods, etc) where the goods are to be sold primarily at a different location such as farmers markets, festivals, etc.; • . Cottage food operations (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. Examples of unpermitted live/work uses include: • Wholesale and retail sales (including but not limited to automobiles, merchandise, herb and/or pharmaceuticals, guns and/or ammunition, etc.); • Dating services (ex. no speed dating mixers); • Adult businesses; • Fortunetelling, palm reading, psychics, and similar activities; • Massage services; • Hair, nail, facial, and similar personal care services; • Medical and dental offices; • Vehicle repair (body or mechanical), towing, or automobile detailing (e.g., washing, waxing, tinting, etc.); • 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; • Animal kennels or breeding; City Council Meeting January 12, 2021 Page 4 of 5 • 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; and • Any other uses that require the granting of a Conditional Use Permit. Off -Street Parking Requirement for Live/Work Units: Rosemead Municipal Code Table 17.21.030.1 and the Garvey Avenue Specific Plan Table 3.4 — Development Standards sets the off-street parking requirements for mixed-use developments in the Garvey Avenue Specific Plan project area. Mixed-use developments shall provide the following off-street parking requirements: • Residential: provide no less than one standard sized parking space and 0.5 standard sized guest parking space; and • Nonresidential (other than restaurant or hotel): provide one standard sized parking space per 400 square feet of floor area. Since the Garvey Avenue Specific Plan does not clearly identify the off-street parking requirement for live/work units, the Commercial Task Force Subcommittee and staff determined that the off-street parking requirement would be the greater of the two. This will ensure that off- street parking will not be impacted if live/work units are proposed in the future. • For Example: o Proposed Live/Work Unit: 1,800 square feet ■ Size of the live (residential) component is 450 square feet ■ Size of the work (nonresidential) component is: 1,350 square feet ■ Off -Street Parking Requirement: • Parking requirement for live (residential) is 1.5 parking spaces per unit. • Parking Requirement work (nonresidential) is 3 parking spaces per unit (1,350 square feet/400 square feet). ■ Project would require 3 parking spaces (greater of the two). FISCAL EMPACT None City Council Meeting January 12, 2021 Page 5 of 5 STRATEGIC PLAN IMPACT Clarifying the definition of live/work units is consistent with Strategy I: Economic Development, to encourage new high quality and affordable housing stock and beautify commercial corridors. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: A �Ia Lily Valb6zuela, Planning & Economic Development Manager Submitted by: elica F sto-Lupo, Director of Community De elopment Attachment C City Council Staff Report Dated January 26, 2021 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER DATE: JANUARY 26, 2021 SUBJECT: GARVEY AVENUE SPECIFIC PLAN LIVE/WORK INTERPRETATION SUMMARY On January 12, 2021, staff presented an interpretation of how live/work units should be defined and how parking should be calculated in the Garvey Avenue Specific Plan, Residential/ Commercial (GSP-R/C) and Incentivized Mixed -Use (GSP-MU) zones. The City Council Staff Report is attached in "Attachment A". After some deliberation, the City Council directed staff to proceed with the interpretation except for one bullet point: • Where one or more occupants is the licensed business owner with a valid City of Rosemead Business License, The City Council further directed staff to work with Mayor Pro Tem Low on incorporating language for other commercial -related activities, such as teleworking, into the interpretation. STAFF RECOMMENDATION That -the City Council receive and file the modifications made to the live/worlc interpretation. DISCUSSION On January 19, 2021, staff met with Mayor Pro Tem Low to discuss the intent of the live/work definition to include other commercial -related activities, such as teleworking. Staff and Mayor Pro Tem Low have agreed on the following revisions to the interpretation of the definition of live/work units: Definition for Live/Work Units: Live/Work Unit: A unit that is designed or structurally modified to combine residential occupancy and commercial -related activity, such as artist studios, professional offices, software/media offices, or small-scale retail sales of art and crafts* and: EXHIBIT "D" City Council Meeting January 26, 2021 Page 2 of 4 • Where at least 25% and no more than 75% of the unit must be dedicated to residential use; • Where the working space is to be used by the one or more of the occupants (owner - occupant or renter -occupant) of a single household or family; • Where 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 or other related activities for the majority of the work week; • Where the unit consists of a full kitchen, full bathroom (bathing and sanitary) facilities in compliance with the applicable Building Codes; and • Where no more than one full time equivalent non -occupant employee is permitted to work in addition to the occupants of the live/work unit. * Additional uses not listed may be permitted subject to the discretion of the Community Development Director. 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 conditions and standards of operation for any category or work activity in a live/work unit. Examples of permitted live/work uses include: • Professional office such as for an architect, accountant, realtor, sales representative, website/graphic designer; • Consulting businesses; • Artist or author studios; • Businesses such as artisan and home crafts (i,e. ceramics, paintings, handmade goods, etc.) where the goods are to be sold primarily at a different location such as farmers markets, festivals, etc.; • Cottage food operations (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. Examples of unpermitted live/work uses include: • Wholesale and retail sales (including but not limited to automobiles, merchandise, herb and/or pharmaceuticals, guns and/or ammunition, etc.); • Dating services (ex, no speed dating mixers); 9 Adult businesses; City Council Meeting January 26, 2021 Page 3 of 4 • Fortunetelling, palm reading, psychics, and similar activities; • Massage services; • Hair, nail, facial, and similar personal care services; • Medical and dental offices; • Vehicle repair (body or mechanical), towing, or automobile detailing (e.g., washing, waxing, tinting, etc.); • 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; • Animal kennels or breeding; • 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; and • Any other uses that require the granting of a Conditional Use Permit. If the revised language is deemed appropriate as directed by the City Council, staff will begin implementing the live/work interpretation to the Garvey Avenue Specific Plan, Residential/Commercial (GSP-R/C) and Incentivized Mixed -Use (GSP-MU) zones. FISCAL IMPACT None STRATEGIC PLAN IMPACT Clarifying the definition of live/work units is consistent with Strategy 1: Economic Development, to encourage new high quality and affordable housing stock and beautify commercial corridors. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. City Council Meeting January 26, 2021 Page 4 of 4 Prepared by: Lily Valenzuela, Planning & Economic Development Manager Submitted by: Angelica Fra sto-Lupo, Director of Community Develo ment Attachment A: City Council Live/Work Interpretation Staff Report, dated January 12, 2021 Attachment A City Council Live/Work Interpretation Staff Report, Dated January 12, 2021 ROSEMEAD CITY COUNCIL STAFF REPORT TO: . THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGERS. VA. DATE: JANUARY 12, 2021 SUBJECT: GARVEY AVENUE SPECIFIC PLAN LIVEIWORK INTERPRETATION SUMMARY Artist Live/Work is currently an allowed land use in the Garvey Avenue Specific Plan, Residential/Commercial (GSP-R/C) and Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zones. A live/work unit is a space where the lessee can both live and work in the unit within established parameters. Since a definition of live/work is not specified in the Zoning Code or Garvey Avenue Specific Plan, staff has developed an interpretation of how live/work units should be defined and how parking should be calculated in mixed-use developments. STAFF RECOMMENDATION That the City Council confirm the interpretation of live/work units as provided for in this staff report to apply to the Garvey Avenue Specific Plan, Residential/Commercial (GSP-R/C) and Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zones. DISCUSSION The Garvey Avenue Specific Plan was approved and adopted by the City Council on February 13, 2018 and became effective on April 10, 2018. The Garvey Avenue Specific Plan supports the development of approximately 1.18 million square feet of commercial development, 892 dwelling units, and 0.77 acres of open space. The Garvey Avenue Specific flan is a useful ,tool to assist in the development of the corridor, to create a "sense of place", and to strengthen the identity and image of Garvey Avenue, as well as, expand opportunities for concentrated commercial, and residential uses that contribute to jobs and tax revenues to the community. Furthermore, the Garvey Avenue Specific Plan greatly streamlines the development approval process. As a result of the COVID-19 pandemic, there has been a significant and sustained increase of persons working from home, it can be expected that an increase in live/work units should therefore be incorporated into mixed-use developments within the Garvey Avenue Specific Plan. In order to help ensure that the City is prepared for live/work opportunities is the future, staff has ,AGENDA ITEM 5.A City Council Meeting January 12,2D21 Page 2 of 5 developed an interpretation of live/work units based on discussions with the City's Garvey Avenue Specific Plan Consultant, MIG, and the Council Commercial Task Force Subcommittee. Staff also reviewed the surrounding city's definitions of livelwork units to help determine the best interpretation for the City of Rosemead within the scope and meaning of the Garvey Avenue Specific Plan, Residential/Commercial (GSP-R/C) and Garvey Avenue Specific Plan, Incentivized Mixed -Use (GSP-MU) zones, The Commercial Task Force Subcommittee, consisting of Councilmembers Steven Ly and Sean Dang, City Manager Gloria Molleda, and Community Development Department staff, was created by the City Council as a resource for attracting and retaining new businesses within the City; therefore, staff recently met with the Commercial Task Force Subcommittee to discuss staffs interpretation of live/work units. While the Zoning Code (RMC Section 17.04.04 - Interpretations of Provisions) and Garvey Avenue Specific Plan provide the Director of Community Development authority to interpret provisions of the code, staff is seeking confirmation from the City Council on the interpretation of how live/work units should be defined and how parking should be calculated for mixed-use developments. After meeting with the Commercial Task Force Subcommittee, staff has developed the following interpretation for live/work units. Definition for Live/Work Units: Live/Work Unit: 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* and: * Where at least 25% and no more than 75% of the unit must be dedicated to residential use; * Where the working space is to be used by the one or more of the occupants (owner - occupant or renter -occupant) of a single household or family; * Where one or more occupants is the licensed business owner with a valid City of Rosemead Business License; * Where the unit consists of a full kitchen, full bathroom (bathing and sanitary) facilities in compliance with the applicable Building Codes; and *' Where no more than one full time equivalent non -occupant employee is permitted to work in addition to the occupants of the livelwork unit. * Additional uses not listed may be permitted subject to the discretion of the Community Development Director. 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 City Council Meeting January 12, 2021 Page 3 of 5 additional conditions and standards of operation for any category or work activity in a live/work unit. Examples of permitted live/work uses include: • Professional office such as for an architect, accountant, realtor, sales representative, website/graphic designer; • Consulting businesses; • Artist or author studios; • Businesses such as artisan and home crafts (i.e. ceramics, paintings, handmade goods, etc.) where the goods are to be sold primarily at a different location such as farmers markets, festivals, etc.; • Cottage food operations (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. Examples of unpermitted live/work uses include: • Wholesale and retail sales (including but not limited to automobiles, merchandise, herb and/or pharmaceuticals, guns and/or ammunition, etc.); • Dating services (ex. no speed dating mixers); • Adult businesses; • Fortunetelling, palm reading, psychics, and similar activities; • Massage services; • Hair, nail, facial, and similar personal care services; • Medical and dental offices; • Vehicle repair (body or mechanical), towing, or automobile detailing (e.g., washing, waxing, tinting, etc.); • 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; • Animal kennels or breeding; City Council Meeting January 12, 2021 Page 4 of 5 • 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; and • Any other uses that require the granting of a Conditional Use Permit. Off -Street Parking Requirement for Live/Work Units: Rosemead Municipal Code Table 17.21.030.1 and the Garvey Avenue Specific Plan Table 3.4 — Development Standards sets the off-street parking requirements for mixed-use developments in the Garvey Avenue Specific Plan project area. Mixed-use developments shall provide the following off-street parking requirements: • Residential: provide no less than one standard sized parking space and 0.5 standard sized guest parking space; and , • Nonresidential (other than restaurant or hotel): provide one standard sized parking space per 400 square feet of floor area. Since the Garvey Avenue Specific Plan does not clearly identify the off-street parking requirement for live/work units, the Commercial Task Force Subcommittee and staff determined that the off-street parking requirement would be the greater of the two. This will ensure that off- street parking will not be impacted if live/work units are proposed in the future. • For Example: o Proposed Live/Work Unit: 1,800 square feet ■ Size of the live (residential) component is 450 square feet ■ Size of the work (nonresidential) component is: 1,350 square feet ■ Off -Street Parking Requirement: • Parking requirement for live (residential) is 1.5 parking spaces per unit. Parking Requirement work (nonresidential) is 3 parking spaces per unit (1,350 square feet/400 square feet). ■ Project would require 3 parking spaces (greater of the two). FISCAL IMPACT None City Council Meeting January 12, 2021 Page 5 of 5 STRATEGIC PLAN IMPACT Clarifying the definition of live/work units is consistent with Strategy I: Economic Development, to encourage new high quality and affordable housing stock and beautify commercial corridors. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: j \.a Lily Valefizuela, Planning & Economic Development Manager Submitted by: F elica F sto-Lupo, Director of Community De elopment Attachment D Planning Commission Staff Report Dated July 19, 2021 ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND PLANNING COMMISSION FROM: PLANNING DIVISION DATE: JULY 19, 2021 SUBJECT: MUNICIPAL CODE AMENDMENT 21-02 SUMMARY Municipal Code Amendment 21-02 (MCA 21-02) is a City initiated amendment to Title 17 ("Zoning") of the Rosemead Municipal Code by defining and establishing specific standards for live/work units in the residential/commercial mixed-use overlay zones. A live/work unit provides opportunities to integrate live and work in one space. It is designed 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. In addition, MCA 21-02 will modify the permit requirement for any establishment with outdoor seating in a residential/commercial mixed-use development overlay zone from a Conditional Use Permit to an Administrative Use Permit. ENVIRONMENTAL DETERMINATION MCA 21-02 is not a project pursuant to California Environmental Quality Act (CEQA) Guideline 15378, because the activity undertaken involves general text amendments that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and does not meet the definition of a "Project" under CEQA. The proposed Code Amendment is also exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA only applies to projects which have the potential for causing a significant effect on the environment. As a series of text amendments, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. STAFF RECOMMENDATION That the Planning Commission: 1. Conduct a public hearing and receive public testimony; and 2. Adopt Planning Commission Resolution No. 21-07 with findings (Exhibit "A"), a resolution recommending that the City Council adopt Ordinance No. 1000 Planning Commission Meeting July 19, 2021 Page 2 of 20 (Exhibit "B") for the approval of MCA 21-02. DISCUSSION LivelWork The COVID-19 pandemic has changed the way people conduct their business or work. Many businesses scaled back or ceased operations in the regular workplace due to State mandated closures and stay-at-home orders. As a result, people transitioned to work remotely. Due to these adjustments over the last year, it is anticipated that an increase in live/work units may be proposed within new developments in the City, specifically in residential/commercial mixed-use developments. To ensure the City is prepared for live/work opportunities in the future, the City is initiating MCA 21-02. The amendment would define and provide specific development standards for live/work units in residential/commercial mixed-use developments. On January 12, 2021, the City Council approved a live/work interpretation for Artist Live/Work in the Garvey Avenue Specific Plan. The interpretation of live/work units was developed based on discussions with the City's Garvey Avenue Specific Plan Consultant, MIG, and the Commercial Task Force Subcommittee, consisting of Mayor Pro Tem Sean Dang, Councilmember Steven Ly, City Manager Gloria Molleda, and Community Development Department staff. Staff also reviewed the surrounding city's definitions of live/work units to help determine the best interpretation for the City within the scope and meaning of the Garvey Avenue Specific Plan. During the discussion, the City Council requested staff to review the business license requirement and incorporate commercial -related activities, such as teleworking into the interpretation. The City Council Staff Report is attached as Exhibit "C". On January 26, 2021, the City Council approved the revised language relating to the business license requirements for live/work units and included commercial -related activities, such as teleworking, as a work component of a live/work unit. The City Council Staff Report is attached as Exhibit "D". The amendments of MCA 21-02 are based on the City Council's approved interpretation of Artist LiveNNork units in the Garvey Avenue Specific Plan. At this meeting, the City Council discussed assessing live/work units in residential/commercial mixed-use developments citywide. On February 17, 2021, staff met with the Commercial Task Force Subcommittee to discuss the implementation of a citywide code amendment to incorporate live/work units in all residential/commercial mixed-use zones. Based on the shift to remote work during the COVID-19 pandemic, the Commercial Task Force Subcommittee agreed that an amendment to the Zoning Code would prepare the City for future changes to the workforce, post -pandemic. For this reason, the City is initating MCA 21-02. MCA 21-02 would define and establish specific standards for live/work units in current residential/commercial mixed-use overlay zones and all future residential/commercial mixed-use zones. Planning Commission Meeting July 19, 2021 Page 3 of 20 Outdoor Dining in Residential/Commercial Mixed -Use Developments The COVID-19 pandemic has significantly impacted the restaurant'business community. Several restaurants have spent money on creating a temporary outdoor dining area during the pandemic and will continue to endure, post pandemic. To be business friendly and to streamline the outdoor dining permit requirements for restaurants with outdoor dining that are located within the residential/commercial mixed-use development overlay zone, the City is initiating an amendment to require an Administrative Use Permit for restaurants with outdoor seating, in place of a Conditional Use Permit. The process would be streamlined and fees are feasible. The application requirements and fees for a Conditional Use Permit and an Administrative Use Permit are listed below: Conditional Use Permit: o Application Fees: $1,985 o Application Requirements: Application Form, Applicant and Property Owner Affidavits, Site, Floor, and Elevation Plans (15 sets), Environmental Information Application, and Affected Property Owner's Map and Labels (300 -foot Radius) o Approval Body: Planning Commission Administrative Use Permit: o Application Fees: $1,165 o Application Requirements: Application Form, Applicant and Property Owner Affidavits, Site, Floor, and Elevation Plans (five sets), and Affected Property Owner's Map and Labels (300 -foot Radius) o Approval Body: Community Development Director Proposed Municipal Code Amendments The following is, an outline of the key provisions proposed in the ordinance. Definitions - The amendment proposes to define "Artist Studio," Live/Work (includes Artist LiveNVork)," and "Telework/Telecommuting": o "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 farmer markets or festivals. o "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. Planning Commission Meeting July 19, 2021 Page 4 of 20 o "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. • R/C-MUDO Use Table - The amendment proposes to add "Live/Work" to the permitted use list in a residential/commercial mixed-use development overlay zone. • New Development Standards for Live/Work (includes Artist Live/Work) - The amendment proposes to add specific land use standards for "Live/Work (includes Artist Live/Work)." The standards include, but are not limited to the following: o At least 25% and no more than 75% of the unit must be dedicated to residential use. o The working space is to be used by the one or more of the occupants (owner -occupant or renter occupant) of a single household or family. o 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/telecommuting or other related activities for the majority of the work week. o The unit consists of a full kitchen, full bathroom (bathing and sanitary) facilities in compliance with the applicable Building Codes. o No more than one full time equivalent non -occupant employee is permitted to work in addition to the occupants of the live/work unit. o The Community Development Director shall have the discretion to allow other uses not listed under permitted uses. Permitted Live/Work Uses include - The amendment proposes to add the following uses as permitted live/work uses: o Professional Office (such as an architect, accountant, realtor, sales representative, website/graphic designer, consultant, etc.) o Artist Studio o 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). o Tutoring Services (Small) o Additional uses not listed may be permitted subject to the discretion of the Community Development Director. Planning Commission Meeting July 19, 2021 Page 5 of 20 Unpermitted Live/Work Uses include- The amendment proposes to add the following uses as unpermitted live/work uses: o Restaurants o Wholesale and Retail Sales (including but not limited to automobiles, merchandise, herb and/or pharmaceuticals, guns and/or ammunition, etc.) o Dating Services (ex. no speed dating mixers) o Adult Businesses o Fortune Telling, Palm Reading, Psychics, and similar uses o Massage Services o Personal Care Services (hair, nails, facials, or similar uses) o Medical and Dental Offices o Automobile, Boat, or Aircraft Repair (body and/or mechanical), Detailing (washing, waxing, tinting, etc.), Testing, Towing, and/or other auto services related uses o Plumbing, Machine, or Sheet Metal Works o Carpentry Shops o Contractor Storage Yard o Laundering of Clothes or other Articles o 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 o Any other uses that require the granting of a Conditional Use Permit • Off -Street Parking for Live/Work Units - The more restrictive parking requirement (residential or nonresidential) shall apply to live/work units in residential/commercial mixed-use developments: o Residential/Commercial Mixed -Use Development Overlay 1) Residential: provide no less than two standard sized parking space and 0.5 standard sized guest parking space 2) Nonresidential: provide one standard sized parking space per 250 square feet of floor area. o Parking areas for residential guests may be uncovered and combined with nonresidential parking if live/work units are incorporated into the mixed-use development. • Reauiring an Administrative Use Permit' for Any Eating Establishment With Outdoor Dining - The amendment proposes to amend the permit requirement from a Conditional Use Permit to an Administrative Use Permit for outdoor dining in the residential/commercial mixed-use development overlay zone. Planning Commission Meeting July 19, 2021 Page 6 of 20 MUNICIPAL CODE REQUIREMENTS Per Rosemead Municipal Code Section 17.152.060, amendments to [the] Zoning Code may be approved only if all of the following findings are first made: A. The proposed amendment is consistent with the General Plan and any applicable specific plan; FINDING: The proposed amendment is consistent with the goals, policies, and objectives of the General Plan. It is a goal of the Land Use Element of the General Plan to create vibrant, attractive mixed-use developments. To ensure that mixed- use developments are vibrant and attractive, a General Plan policy of the City encourages mixed-use development as a means of upgrading established uses and developing vacant parcels along arterials and providing new commercial, residential, and employment opportunities. The proposed code amendments will provide the City with additional tools to ensure mixed-use developments will provide for both residential and nonresidential (commercial) opportunities. This ordinance is tailored to preserve the character of a mixed -used development, while allowing live/work units to be incorporated into the design. In addition, live/work units provide for employment opportunities and may create public revenues to provide for City services and the City's tax base. Furthermore, streamlining the permitting process for outdoor dining within the residential/commercial mixed-use overlay zone is also consistent with the General Plan. B. 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. C. 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, Planning Commission Meeting July 19, 2021 Page 7 of 20 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 res idential/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. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: 44— Lily Valenzuela Planning & Economic Development Manager Submitted by: Angelica F sto-Lupo Director of Community Development EXHIBITS: A. Planning Commission Resolution No. 21-07 B. Draft Ordinance No. 1000 C. City Council Staff Report ( dated January 12, 2021) — Live/Work Interpretation D. City Council Staff Report ( dated January 26, 2021) — Live/Work Interpretation Attachment E Planning Commission Resolution No. 21-07 Planning Commission Meeting July 19, 2021 Page 8 of 20 EXHIBIT "A" PC RESOLUTION 21-07 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. 1000 FOR THE APPROVAL OF MCA 21-02, AMENDING TITLE 17 (ZONING) OF THE ROSEMEAD MUNICIPAL CODE BY ADDING DEFINITIONS TO SECTION 17.04.050 DEFINITIONS -GENERAL OF CHAPTER 17.04, ADDING LIVENVORK AS A PERMITTED USE IN ALL MIXED-USE LAND USE DESIGNATIONS IN THE CITY, ADDING LIVENVORK AS A PERMITTED USE TO SECTION 17.28.030.C.1 PERMITTED USES, ADDING SECTION 17.30.210 LIVE/WORK TO CHAPTER 17.30 STANDARDS FOR SPECIFIC LAND USES WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR LIVENVORK UNITS, AND MODIFYING THE PERMIT REQUIREMENT FOR ANY EATING ESTABLISHMENT WITH OUTDOOR SEATING IN A RESIDENTIALICOMMERCIAL MIXED-USE DEVELOPMENT OVERLAY ZONE FROM A CONDITIONAL USE PERMIT TO AN ADMINISTRATIVE USE PERMIT 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 July 9, 2021, a notice was published in the newspaper and notices were posted at six public locations, specifying the availability of the proposal, and the date, time, and location of the public hearing for Municipal Code Amendment 21-02; WHEREAS, on July 19, 2021, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Municipal Code Amendment 21-02; 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: Planning Commission Meeting July 19, 2021 Page 9 of 20 SECTION 1. The Ordinance is not a project pursuant to California Environmental Quality Act (CEQA) Guideline 15378, because the activity undertaken involves general text amendments that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and does not meet the definition of a "Project" under CEQA. The proposed Code Amendment is also exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA only applies to projects which have the potential for causing a significant effect on the environment. As a series of text amendments concerning standards and incentives for residential uses that are already allowed in the underlying zone, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Municipal Code Amendment 21-01, 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 goals, policies, and objectives of the General Plan. It is a goal of the Land Use Element of the General Plan to create vibrant, attractive mixed-use developments. To ensure that mixed-use developments are vibrant and attractive, a General Plan policy of the City encourages mixed-use development as a means of upgrading established uses and developing vacant parcels along arterials and providing new commercial, residential, and employment opportunities. The proposed code amendments will provide the' City with additional tools to ensure mixed-use developments will provide for both residential and nonresidential (commercial) opportunities. This ordinance is tailored to preserve the character of a mixed -used development, while allowing live/work units to be incorporated into the design. In addition, live/work units provide for employment opportunities and may create public revenues to provide for City services and the City's tax base. Furthermore, streamlining the permitting process for outdoor dining within the residential/commercial mixed-use overlay zone is also consistent with the General Plan. B. 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, Planning Commission Meeting July % 2021 Page 10 of 20 artisans, and other individuals to continue to work in City and contribute to the City's economy. C. The proposed amendment is internally consistent with other applicable provisions of this 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 3. The Planning Commission HEREBY RECOMMENDS the City Council adopt Ordinance No. 1000 (Exhibit "B") for the approval of MCA 21-02. SECTION 4. This resolution is the result of an action taken by the Planning Commission on July 19, 2021, by the following vote: AYES: NOES: ABSTAIN: ABSENT: 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 19th day of July, 2021. Chair Planning Commission Meeting July 19, 2021 Page 11 of 20 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 19th day of July, 2021, by the following vote: AYES: NOES:' ABSTAIN: ABSENT: Angelica Frausto-Lupo, Secretary APPROVED AS TO FORM: Kane Thuyen, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting July 19, 2021 Page 12 of 20 EXHIBIT "B" ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FOR THE APPROVAL OF MCA 21-02, AMENDING TITLE 17 (ZONING) OF THE ROSEMEAD MUNICIPAL CODE BY ADDING DEFINITIONS TO SECTION 17.04.050 DEFINITIONS -GENERAL OF CHAPTER 17.04, ADDING LIVE/WORK AS A PERMITTED USE IN ALL MIXED-USE LAND USE DESIGNATIONS IN THE CITY, ADDING LIVE/WORK AS A PERMITTED USE TO SECTION 17.28.030.C.1 PERMITTED USES, ADDING SECTION 17.30.210 LIVE/WORK TO CHAPTER .17.30 STANDARDS FOR SPECIFIC LAND USES WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR LIVE/WORK UNITS, AND MODIFYING THE PERMIT REQUIREMENT FOR ANY EATING ESTABLISHMENT WITH OUTDOOR SEATING IN A RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT OVERLAY ZONE FROM A CONDITIONAL USE PERMIT TO AN ADMINISTRATIVE USE PERMIT THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council HEREBY FINDS AND DETERMINES that facts do exist to justify approving Municipal Code Amendment 21-02, in accordance with Section 17.152.060 of the Rosemead Municipal Code ("RMC") as follows: D. The proposed amendment is consistent with the General Plan and any applicable specific plan; FINDING: The proposed amendment is consistent with the goals, policies, and objectives of the General Plan. It is a goal of the Land Use Element of the General Plan to create vibrant, attractive mixed-use developments. To ensure that mixed-use developments are vibrant and attractive, a General Plan policy of the City encourages mixed-use development as a means of upgrading established uses and developing vacant parcels along arterials and providing new commercial, residential, and employment opportunities. The proposed code amendments will provide the City with additional tools to ensure mixed-use developments will provide for both residential and nonresidential (commercial) opportunities. This ordinance is tailored to preserve the character of a mixed -used development, while allowing live/work units to be incorporated into the design. In addition, live/work units provide for employment opportunities and may create public revenues to provide for City services and the City's tax base. Furthermore, streamlining the permitting process for outdoor dining within the residential/commercial mixed- use overlay zone is also consistent with the General Plan. PC RESOLUTION 21-07 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. 1000 FOR THE APPROVAL OF MCA 21-02, AMENDING TITLE 17 (ZONING) OF THE ROSEMEAD MUNICIPAL CODE BY ADDING DEFINITIONS TO SECTION 17.04.050 DEFINITIONS -GENERAL OF CHAPTER 17.04, ADDING LIVEIWORK AS A PERMITTED USE IN ALL RESIDENTIAL/COMMERCIAL MIXED-USE OVERLAY ZONES IN THE CITY, ADDING LIVEIWORK AS A PERMITTED USE TO SECTION 17.28.030.C.1 PERMITTED USES, ADDING SECTION 17.30.210 LIVE/WORK TO CHAPTER 17.30 STANDARDS FOR SPECIFIC LAND USES WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR LIVEMORK UNITS, AND MODIFYING THE PERMIT REQUIREMENT FOR ANY EATING ESTABLISHMENT WITH OUTDOOR SEATING IN A RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT OVERLAY ZONE FROM A CONDITIONAL USE PERMIT TO AN ADMINISTRATIVE USE PERMIT 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 July 9, 2021, a notice was published in the newspaper and notices were posted at six public locations, specifying the availability of the proposal, and the date, time, and location of the public hearing for Municipal Code Amendment 21-02; WHEREAS, on July 19, 2021, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Municipal Code Amendment 21-02; 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. The Ordinance is not a project pursuant to California Environmental Quality Act (CEQA) Guideline 15378, because the activity undertaken involves general text amendments that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and does not meet the definition of a "Project" under CEQA. The proposed Code Amendment is also exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA only applies to projects which have the potential for causing a significant effect on the environment. As a series of text amendments concerning standards and incentives for residential uses that are already allowed in the underlying zone, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Municipal Code Amendment 21-01, 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 goals, policies, and objectives of the General Plan. It is a goal of the Land Use Element of the General Plan to create vibrant, attractive mixed-use developments. To ensure that mixed-use developments are vibrant and attractive, a General Plan policy of the City encourages mixed-use development as a means of upgrading established uses and developing vacant parcels along arterials and providing new commercial, residential, and employment opportunities. The proposed code amendments will provide the City with additional tools to ensure mixed-use developments will provide for both residential and nonresidential (commercial) opportunities. This ordinance is tailored to preserve the character of a mixed -used development, while allowing live/work units to be incorporated into the design. In addition, live/work units provide for employment opportunities and may create public revenues to provide for City services and the City's tax base. Furthermore, streamlining the permitting process for outdoor dining within the residential/commercial mixed-use overlay zone is also consistent with the General Plan. B. 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. 2 C. The proposed amendment is internally consistent with other applicable provisions of this 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 3. The Planning Commission HEREBY RECOMMENDS the City Council adopt Ordinance No. 1000 (Exhibit "B") for the approval of MCA 21-02. SECTION 4. This resolution is the result of an action taken by the Planning Commission on July 19, 2021, by the following vote: AYES: BERRY, LEUNG, LOPEZ, TANG, AND UNG 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 19th day of July, 2021. Chair 3 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 19th day of July, 2021, by the following vote: AYES: BERRY, NOES: NONE ABSTAIN: NONE ABSENT: NONE APPROVED AS TO FORM: LEUNG, LOPEZ, TANG, AND UNG Kane Thuyen, Planning Commission Attorney Burke, Williams & Sorensen, LLP 4 Attachment F Draft Planning Commission Minutes Dated July 19, 2021 MAYOR: POLLY LOW MAYOR PRO TEM: SEAN DANG COUNCIL MEMBERS SANDRA ARMENTA MARGARET CLARK STEVEN LY City of W9semead 8838 E. VALLEY BOULEVARD P.O BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 307-9218 SUMMARY EXCERPT CITY OF ROSEMEAD REGULAR PLANNING COMMISSION DRAFT MEETING MINUTES July 19, 2021 The following is a draft summary excerpt from the Planning Commission Meeting held on July 19, 2021, at 7:00 p.m. in the Rosemead City Hall Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. Present: Chair Berry, Vice -Chair Tang, Commissioners Leung, Lopez, and Ung Absent: None Staff Present: City Attorney Thuyen, Assistant City Manager Kim, Planning & Economic Development Manager Valenzuela, Associate Planner Lao, and Commission Liaison Huang 3. PUBLIC HEARINGS A. MUNICIPAL CODE AMENDMENT 21-02 (MCA 21-02) — MCA 21-02 consist of City initiated amendment to Title 17 ("Zoning") of the Rosemead Municipal Code by defining and establishing specific standards for live/work units in the residential/commercial mixed- use overlay zones. A live/work unit provides opportunities to integrate live and work in one space. It is designed 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. In addition, MCA 21-02 will modify the permit requirement for any establishment with outdoor seating in a residential/commercial mixed-use development overlay zone from a Conditional Use Permit to an Administrative Use Permit. PC RESOLUTION 21-07 - 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. 1000 FOR THE APPROVAL OF MCA 21-02, AMENDING TITLE 17 (ZONING) OF THE ROSEMEAD MUNICIPAL CODE BY ADDING DEFINITIONS TO SECTION 17.04.050 DEFINITIONS -GENERAL OF CHAPTER 17.04, ADDING LIVE/WORK AS A PERMITTED USE IN ALL MIXED-USE LAND USE DESIGNATIONS IN THE CITY, ADDING LIVE/WORK AS A PERMITTED USE TO SECTION 17.28.030.C.1 PERMITTED USES, ADDING SECTION 17.30.210 LIVE/WORK TO CHAPTER 17.30 STANDARDS FOR SPECIFIC LAND USES WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR LIVE/WORK UNITS, AND MODIFYING THE PERMIT REQUIREMENT FOR ANY EATING ESTABLISHMENT WITH OUTDOOR SEATING IN A RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT OVERLAY ZONE FROM A CONDITIONAL USE PERMIT TO AN ADMINISTRATIVE USE PERMIT. STAFF RECOMMENDATION - It is recommended that the Planning Commission: 1. Conduct a public hearing and receive public testimony; and 2. Adopt Planning Commission Resolution No. 21-07 with findings, a resolution recommending that the City Council adopt Ordinance No. 1000 for the approval of MCA 21-02. Planning & Economic Development Manager Valenzuela presented the Staff Report. Chair Berry opened the Public Hearing. Commissioner Lopez expressed there are positives and negatives to opening it up for the mixed- use, there are changes to how permits will be issued to restaurants, artists and those using their units to work out of and operate/sell items. He questioned if opening that door, where anyone can apply and possibly get permits to work out of their homes more often than you would in a mixed- use environment is a good idea. He stated he understands the amendment for outdoor seating and requested clarification for live/work in mixed-use developments. Assistant City Manager Kim responded that the mixed-use and live/work is not a new concept, rather decades old and many cities have incorporated live/work in their community. He added, the project is designed in a specific way to accommodate the live/work type of activity, while minimizing any potential adverse effects, so the live/work units would be generally located where its accessible to the public and will not be in an area that might disturb other residences. He also added it has been effective in many communities to create synergy and has a lot of benefits, whereas, more people are working from home, so there is less congestion, and less traffic, and allows residents to conduct their activities within a confined specific space within their site. He also said they would have to go through an entitlement process, which is at the City's discretion to determine the type of layout and how the project is approved, which would minimize the potential adverse effect, while creating additional amenities for people to live and conduct their business within their living space. The commercial part is not open to any and every type of commercial and is very restrictive. He then asked Planning & Economic Development Manager Valenzuela to provide examples of what type of commercial activities are allowed. Planning & Economic Development Manager Valenzuela stated a few of the uses include professional offices for architects, accountants, realtors, artists' studios, small tutoring services, and cottage food operation, provided that the orders are pre -ordered and for pickup only. Assistant City Manager Kim stated it would not be like a general retail type of store or activity where people will go shop, congregate, and spend a lot of time at; so there would not be an influx of retail type of activity. He provided an example that if you are an architect and you are seeing limited number of clients at a time, you usually conduct business by going out to the client's property. He said you may have clients come occasionally, but majority of that type of professional activity, you are doing it within a low-density office type of environment, which means you are going to be home in front of your computer, designing, so it is a very low impact type of commercial activity. Chair Berry questioned if this applies specifically for new developments. Assistant City Manager Kim stated yes, it is targeted for new development, however, there may be an opportunity where a conversion of an existing facility but that would have to go through an approval process. Chair Berry noted it would be nice to see examples of these facilities. He added that he supports residents being able to have their own home business and sees a lot of businesses going in this direction, such as ordering food online and you can pick-up, however, he is concerned about the traffic in a residential facility with something that could be high volume. Assistant City Manager Kim responded that the City allows cottage food operation in residential zones, so this type of use is already permitted. He added, for the live/work, it is not in a pure residential neighborhood per se, but it is incorporated in a mixed-use development project. The mixed-use development project is a type of development within a property that allows a mixture of commercial uses and residential uses. So, the live/work type of activity is a conduit which allow residents to conduct their small businesses in a low intensive way within a mixed-use type of project that is already approved, instead of renting an office or traveling to an offsite location. Commissioner Lopez asked if its only in mixed-use? Planning & Economic Development Manager Valenzuela replied live/work is only permitted in mixed-use. Assistant City Manager Kim added that the Garvey Avenue Specific Plan already allows live/work in mixed-use developments. Commissioner Ung asked if there has been any issues or thoughts of accessibility now that you are allowing public entities and potential clients to enter these private residences that are live/work. She questioned if they would have to provide additional accessibility requirements or would a more lenient code be provided. Planning & Economic Development Manager Valenzuela replied for live/work units, any parking spaces or access to the commercial portion would be shared with the commercial development. She added, residential units are secured; their parking spaces, and their accessibility would be secured if it is strictly residential. Commissioner Ung noted by entering the specific units, will they have a way to accommodate accessibility such as ADA; bathrooms tend to have the path of travel from the public street to the units per se. Planning & Economic Development Manager Valenzuela responded yes, they would have to meet the ADA accessibility requirements and that would be reviewed during the plan check stages. Commissioner Ung questioned what levels in the structure would allow for live/work. Assistant City Manager Kim stated during the plan check or the project approval process, all the design elements will be reviewed and approved. The commercial portion will receive commercial occupancy and the residential portion will receive residential occupancy and those standards are different; commercial standards are different from residential. As part of a project approval, all those standards for the project would need to be checked and approved. Chair Berry opened the Public Hearing and asked if we received any public comments. Commission Liaison Huang replied no public comment was received for this item. There being no public comment, Chair Berry closed the Public Hearing. Vice -Chair Tang commented that as the evolution of time continues as well as what we have experienced in the past year with the pandemic, we all had to adjust individually as well as businesses had to adjust. He believes that we are heading in the right direction of that evolution in terms of what our code should be evolved to adhere and support those small businesses that want to thrive in our City and in our communities. ACTION: Commissioner Lopez made a motion, seconded by Vice -Chair Tang, to: Adopt Planning Commission Resolution No. 21-07 with findings, a resolution recommending that the City Council adopt Ordinance No. 1000 for the approval of MCA 21-02 Vote resulted in: Ayes: Berry, Leung, Lopez, Tang, and Ung Noes: None Abstain: None Absent: None Roll call vote resulted in 5 Ayes and 0 Noes. End of minute excerpt I, Angelica Frausto-Lupo, Director of Community Development, for the City of Rosemead, California, do hereby certify the following Draft Minute Excerpt is a summary of the discussion, approval, and action taken during the Public Hearing of the Municipal Code Amendment 21-02 presented before the Rosemead Planning Commission on July 19, 2021. Angelica FrA sto-Lupo, Director Community Development