Ordinance No. 1005 - Urgency Ord. Approval of MCA 21-04, Amending Title 17 (Zoning) of RMC by Updating Sect. 17.04.050, Updating Table 17.12.020.1 to Permit an Urban Dwelling & an Urban Lot Split as a Permitted Use in the R-1 Zone, & Amending Title 16URGENCY ORDINANCE NO. 1005
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
FOR THE APPROVAL OF MCA 21-04, AMENDING TITLE 17 (ZONING)
OF THE RMC BY UPDATING AND ADDING DEFINITIONS TO
SECTION 17.04.050, UPDATING TABLE 17.12.020.1 TO PERMIT AN
URBAN DWELLING AND AN URBAN LOT SPLIT AS A PERMITTED
USE IN THE R-1 ZONE, AND ADDING SECTION 17.30.210 FOR URBAN
DWELLINGS AND SECTION 17.30.220 FOR URBAN LOT SPLITS, AND
AMENDING TITLE 16 (SUBDIVISIONS) OF THE RMC BY ADDING
SECTION 16.08.240 FOR URBAN LOT SPLITS
WHEREAS, the City of Rosemead ("City") has adopted a General Plan to ensure a well-
planned and safe community; and
WHEREAS, protection of public health, safety, and welfare is fully articulated in the
General Plan; and
WHEREAS, State law requires that the Rosemead City Zoning Code, Title 17, of the
Rosemead Municipal Code ("RMC"), conform with the General Plan's goals and policies; and
WHEREAS, State law requires that the Rosemead City Subdivision Ordinance, Title 16,
of the Rosemead Municipal Code ("RMC"), comply with the Subdivision Map Act; and
WHEREAS, it is necessary from time to time to update the zoning ordinance and
subdivision ordinance to bring them into conformity with State law and to address public health,
safety, and welfare concerns; and
WHEREAS, Sections 65852.21 and 66411.7 were amended or added to the Government
Code by Senate Bill 9 (SB 9) and became effective January 1, 2022; and
WHEREAS, the amended or added code sections require cities to ministerially approve
urban lot splits and the construction of up to two residential units ("Urban Dwellings") within the
"Urbanized Area" of the City, as designated by the US Census Bureau, subject to certain
limitations; and
WHEREAS, Government Code section 66411.7(a) limits eligibility of urban lot splits by
size and proportionality; and
WHEREAS, Government Code sections 65852.21(a)(2) and 66411.7(a)(3)(C) limits such
urban lot splits and construction to sites that are not located on or within certain farmland,
wetlands, very high fire hazard severity zones, hazardous waste sites, earthquake fault zones,
special flood hazard areas, regulatory floodways, lands identified for conservation, habitats for
protected species, and historic properties; and
WHEREAS, Government Code sections 65852.21(a)(3) through (a)(5), limits eligibility
of such construction of secondary units that proposes to demolish or alter housing subject to
affordability restrictions, housing subject to rent or price controls, housing that has been occupied.
by a tenant in the last three years, housing that has been withdrawn from rent or lease within the
past 15 years, and housing that requires demolition of existing structural walls unless authorized
by local ordinance or has not been tenant -occupied within the past 3 years; and
WHEREAS, Government Code section 66411.7(a)(3)(D) also limits eligibility of an urban
lot split that proposes to proposes to demolish or alter housing subject to affordability restrictions,
housing subject to rent or price controls, housing that has been occupied by a tenant in the last
three years, housing that has been withdrawn from rent or lease within the past 15 years, and
housing that requires demolition of existing structural walls unless authorized by local ordinance
or has not been tenant -occupied within the past 3 years; and
WHEREAS, Government Code sections 65852.21(a)(6) and 66411.7(a)(3)(E) allows a
city to deny an urban lot split for properties within an historic district or listed on the State's
Historic Resource Inventory or within a site that is designated or listed as a city or county landmark
or historic property or district pursuant to a city or county ordinance; and
WHEREAS, Government Code sections 65852.21(b) and 66411.7(c) allows a city to
establish objective zoning standards, objective subdivision standards, and objective design review
standards, if it does not conflict with state law; and
WHEREAS, such objective zoning standards, objective subdivision standards, and
objective design review standards may not have the effect of "precluding the construction of
two units on either of the resulting parcels or that would result in a unit size of less than
800 square feet"; and
WHEREAS, Government Code sections 65852.21 and 66411.7 allow a city to deny a
proposed housing development or urban lot split if the project would have a specific, adverse
impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon
public health and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact; and
WHEREAS, SB 9 became effective on January 1, 2022, and the Municipal Code currently
does not have any provisions that adequately address such urban dwelling units and urban lot splits,
as required by SB 9, and without such an ordinance, there are no policies, procedures, or objective
standards available to guide and promote the orderly development of such urban dwelling units
and urban lot splits, and thus will prevent actions that will alleviate the housing crisis and serve to
protect orderly planning and aesthetics related to such development; and
WHEREAS, California Government Code sections 36934 and 36937 authorize the City
Council to take action by ordinance to take effect immediately for the preservation of the public
peace, health or safety when adopted by a four-fifths vote of the City Council; and
WHEREAS, pursuant to the California Government Code Section 65858, and in order to
protect the public health, safety and welfare, the City Council may adopt as an urgency measure,
an interim ordinance regulation any uses that may be in conflict with a contemplated general plan
or zoning proposal that the City intends to study within a reasonable time; and
WHEREAS, this urgency ordinance is necessary to address the danger to public health,
safety, and general welfare articulated by the state related to the housing crisis and immediately
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provide the provisions to implement SB 9 related development in a manner that protects the City's
interest in orderly planning and aesthetics; and
WHEREAS, accordingly, the City Council desires to adopt this ordinance as an urgency
ordinance, effective immediately, pursuant to Government Code sections 36934, 36937, and
65858, and have such provisions that implement SB 9, as set forth in the ordinance; and
WHEREAS, the City desires to adopt an ordinance that addresses the procedures for
such urban dwellings and urban lot splits, and provides objective standards, in accordance with
State law.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. Compliance with California Environmental Quality Act. The City
Council finds that this Ordinance is not subject to environmental review under the California
Environmental Quality Act ("CEQA") and the CEQA Guidelines. Senate Bill 9 (Atkins) —
Government Code sections 65858.210) and 66411.7(n) — states an ordinance adopted to implement
the rules of Senate Bill 9 is not considered a project under Division 13 (commencing with Section
21000) of the Public Resources Code.
SECTION 2. Findings. The City Council HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Municipal Code Amendment 21-04, 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 applicable specific
plans;
FINDING: The proposed amendment is consistent with the General Plan and applicable
specific plans, as Government Code sections 65852.21 and 66411.7 require ministerial approval
of "urban dwellings" and "urban lot splits" if the proposed housing development meets certain
criteria. This allowance conflicts with General Plan Land Use Element of the City, which sets
density standards for the low-density residential zone. This Ordinance seeks to reconcile state law
and the Rosemead General Plan and to minimize its impact on the community and thereby comply
with the following land use goals and policies:
Goal 1, Policy 1.5: Require that new single-family residential construction, additions,
and renovations be designed to protect the privacy of adjacent residential properties and the
quality of established neighborhoods.
Goal 1, Policy 1.7: Foster housing stock and neighborhood revitalization, renovation, and
good site/architectural design.
B. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City; and
FINDING: The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City, as the proposed ordinance includes multiple provisions
to reduce the impact of subsequent development on the general welfare through objective zoning
standards. Pursuant to Government Code Sections 65852.21(d) and 66411.7 (d), the building
official may deny a housing project upon written findings, based upon a preponderance of the
evidence, that the proposed housing development project will have a specific adverse impact on
the physical environment and for which there is no feasible mitigation measure.
C. The proposed amendment is internally consistent with other applicable provisions of
[the] Zoning Code.
FINDING: The proposed amendment modifies multiple sections of the Rosemead
Municipal Code to ensure that the entire Code is internally consistent and consistent with
State law.
SECTION 3. Code Amendment. The code amendment will add the definitions of an
"Urban Dwelling", "Urban Lot Split", and Figure 17.04.050.3a; update the definitions of "Lot
Depth", "Lot, Flag", and "Lot, Width"; and remove the definition for "Lot Width, Average" in
Rosemead Municipal Code Section 17.04.050 (Definitions). Section 17.04.050 (Definitions) of
Title 17 is HEREBY AMENDED as follows:
17.04.050 Definitions — General.
For use in this Title certain terms are hereby defined. Words used in the present tense shall include
the past and future tense and vice versa. Words in the singular form shall include the plural form
and vice versa. The words "shall" and "will" are mandatory and the words "should" and "may"
are permissive.
Words and phrases used in the Zoning Code and not specifically defined shall be construed
according to the context and common usage of the language and as ultimately determined by the
Community Development Director.
For the purpose of carrying out the intent of this title, certain terms, words, and phrases are defined
and shall be deemed to have the meaning ascribed to them as follows:
"Dwelling" means a structure or portion thereof designed exclusively for permanent
residential purposes, but not including hotels, motels, emergency shelters, or extended stay
locations.
"Urban Dwelling" means an attached or detached residential dwelling unit that complies
with Section 65852.21 of the Government Code as amended in Section 17.30.210 of the
Rosemead Municipal Code.
"Lot" means a parcel of real property shown as a delineated parcel with a number or other separate
designation on a plat recorded in the office of the County Recorder, or a parcel the dimensions or
boundaries of which are defined by a record of survey recorded pursuant to the provisions of the
Subdivision Map Act of the state, in the office of such recorder, or a parcel the dimensions and
boundary of which are shown on a plot plan or map filed, finally approved and in effect pursuant
to Title 16 of this Code, or a parcel containing not less than the minimum square footage required
in the zone in or a parcel held under separate ownership and lawfully separated in ownership prior
to the effective date of this chapter and all applicable predecessor ordinances, and abutting upon a
street or private easement.
M
"Lot Depth" means the length of a straight line drawn from the midpoint of the front lot line to
the midpoint of the rear lot line.
"Lot, Flag" means a lot whose shape or property line configuration is created in a manner which
utilizes an extension of property for the exclusive purpose of obtaining vehicular and pedestrian
access to a public street. New flag lot subdivision is prohibited in the City of Rosemead with the
exception of flag lot subdivisions created by Senate Bill 9 (Government Code sec. 66411.7). Refer
to 17.30.220 Urban Lot Splits for flag lot subdivision standards.
"Lot, Urban Lot Split" means lots created pursuant to Section 66411.7 of the Government Code
as amended in Section 17.30.220 of the Rosemead Municipal Code.
"Lot Width" means the minimum horizontal distance between the side lot lines measured at right
angles from the midpoint of lot depth (See Figure 17.04.050.3a).
Figure 17.04.050.3a
-- ---Street--- --
T .— , _ . _ , _ No Changes to Existing
i Setback From Original
Proposed � 'i
Property Lines
Flag Lot I ---I
Lot
Existing I Width
Original Dwelling I 1, >50'
Parcel
Flag Lot
Width d 1
>50'
Flag Lot 1
Depth
+ 1
1
�. _ . _ . _ . _ .. ... _ .
SECTION 4. Code Amendment. Section 17.30.210 (Urban Dwellings) of Title 17 is
HEREBY ADDED as follows:
17.30.210 Urban Dwellings.
Sections:
A. Purpose.
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B. Applicability.
C. Urban Dwelling.
D. Review and Approval.
A. Purpose.
The purpose of this section is to implement Government Code Section 65852.21, which allows
the City to adopt an urban dwelling ordinance. Notwithstanding any other provision of this
Zoning Code to the contrary, the provisions in this section shall govern the development of
urban dwellings in the City of Rosemead.
B. Applicability.
1. A proposed urban dwelling must be located within the R-1 (Single Family Residential), on
the Official Zoning Map as defined in Article 2, Section 17.08.020 (Official Zoning Map).
2. A proposed urban dwelling must not be located within a historic district or property
included on the State Historic Resources Inventory (see Section 5020.1 of the Public
Resources Code), or within a site that is designated or listed as a city landmark or historic
property or district pursuant to a city ordinance.
3. A proposed urban dwelling must not be on a parcel located in the areas specified in
subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
4. A proposed urban dwelling must not be on a parcel on which an owner of residential real
property has exercised the owner's rights under Chapter 12.75 (commencing with
Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease
within 15 years before the date that the development proponent applies.
C. Urban Dwelling.
The following provisions shall apply to an urban dwelling:
1. The rental of an urban dwelling must be for a term longer than 30 days. Short term rentals
are prohibited.
2. Demolition and Alteration: A proposed urban dwelling must not require demolition or
alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's
valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years.
3. Limit on Demolition: A proposed urban dwelling must not demolish more than 25 percent
of the existing exterior structural walls. This does not apply if the housing development
has not been occupied by a tenant in the last three years.
R
4. The urban dwelling shall comply with all requirements of the most recently adopted
Building Code and Fire Code.
5. An urban dwelling unit may be attached to an existing dwelling unit (duplex) or built as a
separate detached unit, provided that the structures meet the building code and are
sufficient to allow separate conveyance.
6. None of the standards contained herein shall preclude construction of an 800 square foot
urban dwelling unit.
7. Objective Zoning Standards:
a. Number of Units: A proposed urban dwelling must contain no more than two units.
b. If the existing residential dwelling is proposed to remain on a lot, it shall be renovated
to match or complement the new construction in colors, materials and architectural
style.
8. An urban dwelling shall conform to the standards in Table 17.30.210.1 (Urban Dwelling
Development Standards).
Table 17.30.210.1: Urban Dwelling and Urban Lot Split Development Standards
Development
Existing
New Urban Dwelling
Notes and
Standard
Dwelling
Exce tions
Minimum Size
May remain as is
500 sq. ft.
Maximum Size
May remain as is
If the proposed urban
dwelling meets all R-1
development standards
then the maximum
size is determined by
F.A.R.
Front Setback
May remain as is
20 ft.*
Rear Setback
May remain as is
Lesser of 25 ft. or 20%
More than 4
of lot depth*
bedrooms and
2,000 sq. ft.: 35
ft.
Side Setback
May remain as is
1St Floor: Greater of 5
For corner lots,
ft. or 10% of lot
refer to Rosemead
width*
Municipal Code
2°d Floor: 5 ft. min. 15
Table 17.12.030*
ft. combined*
Building Separation
20 ft.*
Parking
May remain as is
One Space per unit
None required if
located within '/2
mile of transit
corridor or if car
share located
within one block
Height
May remain as is
Two-story = 30 ft.
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*If the proposed urban dwelling is unable to comply with the following R-1 development
standards, an urban dwelling that is at least 800 sq. ft. in floor area, with side and rear
yard setbacks of 4 ft. shall be permitted.
D. Review and Approval.
1. Application: A completed application for Administrative Site Plan and Design Review
shall be submitted to the Community Development Department along with the
accompanying fee.
2. Staff Review: The director, or their designee, shall circulate the application for an urban
dwelling to affected city departments for review and comment. All comments will be
provided back to the applicant for review and any necessary revisions to the plans.
3. Building Official Review: A proposed urban dwelling may be denied if the building official
makes a makes a written finding, based upon a preponderance of the evidence, that the
proposed housing development project would have a specific, adverse impact, as defined
and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health
and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact. The decision of the building
official may be appealed to the Planning Commission in compliance with section
17.160.030.
4. Ministerial Review: Proposals for an urban dwelling will be reviewed ministerially,
without discretionary review or a hearing.
5. Approval: If the application for an urban dwelling meets the requirements of Section
17.30.210, the Director of Community Development, or their designee, shall approve the
application. The action of the director is final, unless appealed pursuant to Section
17.160.030.
SECTION 5. Code Amendment. Section 17.12.020.1 (Uses in Residential Districts) of
Title 17 is HEREBY AMENDED as follows:
Table 17.12.020.1: USES IN RESIDENTIAL DISTRICTS
8
Requirements by
Land Use
District
Specific Use Regulations
R-1
R-2
R-3
Residential Uses
See section 17.12.030 for district specific
Single-family Dwellings
P
P
P
requirements. See Chapter 17.42 for
Manufactured Homes.
Urban Dwellingp
See section 17.30.210 for specific
requirements.
Urban Lot Split
p
_
_
See section 17.30.220 for specific
requirements.
8
Land Use
Requirements by
District
Specific Use Regulations
R-1
R-2
R-3
Two-family Dwellings (Duplex)
—
p
p
See section 17.12.030 for district specific
requirements.
Multiple -family Dwellings
—
—
DR
See section 17.12.030 for district specific
requirements.
Accessory Dwelling Unitp
p
P
See Article 3, Chapter 17.30, Section
17.30.190 (Accessory Dwelling Units)
Mobile Home Parks
CUP
CUP
CUP
See Article 3, Chapter 17.46 (Mobile
Home Parks and Park Conversions)
Boarding House or Rooming House
—
—
—
Not permitted
Short-Term Rental
—
—
—
Not permitted
Care Uses
Child Care Home, Small Family (eight
Cht
or fewer)
P
P
P
See Article 3, Chapter 17.30, Section
17.30.160 (Large and Small Family Child
Day Care Home Facilities)
Child Care Home, Large Family (nine
to 14)
—
AUP
AUP
See Article 3, Chapter 17.30, Section
17.30.160 (Large and Small Family Child
Day Care Home Facilities)
Residential Care Facilities (six or
fewer)
P
P
P
Residential Care Facilities (seven or
more)
—
CUP
CUP
Supportive Housing
P
P
P
Transitional Housing
P
P
P
Agriculture and Animal-Related Uses
Animal Keeping
A
A
A
See Title 6 (Animals) of the Municipal
Code
Horticulture - Private
A 7A
A
Other Uses
Accessory Structures
A
A
A
See Section 17.12.030 and Article 3
Chapter 17.32 (Accessory Structures)
Educational Institution - Private
CUP
CUP
CUP
Educational Institution - Public
P
P
P
Home Occupations, including Cottage
Food Operations.
A
A
A
See Title 5, Chapter 5.41 (Home
Occupations)
Lighted outdoor sporting field or court
(tennis, basketball, etc.).
CUP
CUP
CUP
See Article 4, Section 17.68.060
Places of Religious Assembly
CUP
CUP
CUP
Public Buildings and Facilities
AUP
AUP
AUP
E
P Permitted Use
A Permitted Accessory Use
AUP Administrative Use Permit Required
CUP Conditional Use Permit Required
— Use Not Allowed
DR Discretionary Design
SECTION 6, Code Amendment. Section 17.30.220 (Urban Lot Splits) of Title 17 is
HEREBY ADDED as follows:
17.30.220 Urban Lot Splits.
Sections:
A. Purpose.
B. Applicability.
C. Urban Lot Splits.
D. Review and Approval.
A. Purpose.
The purpose of this section is to implement Government Code Section 66411.7, which allows the
City to adopt an urban lot split ordinance. Notwithstanding any other provision of the Municipal
Code to the contrary, the provisions in this section shall govern the development of an urban lot
split in the City of Rosemead.
B. Applicability.
1. A proposed urban lot split must be located within the R-1 (Single Family Residential), on
the Official Zoning Map as defined in Article 2, Section 17.08.020 (Official zoning map).
2. A proposed urban lot split must not be located within a historic district or property included
on the State Historic Resources Inventory (see Section 5020.1 of the Public Resources
Code), or within a site that is designated or listed as a city or county landmark or historic
property or district pursuant to a city or county ordinance.
3. Other Instances:
a. An urban lot split is prohibited if the parcel is located areas specified in subparagraphs
(B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
b. An urban lot split is prohibited if the owner of residential real property has exercised
the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division
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Requirements by
Land Use
District
Specific Use Regulations
R-1
R-2
R-3
Public Utility Facilities
P
P
P
Telecommunication Facilities, not
including Wireless Telecommunication
CUP
CUP
CUP
Facilities
See Article 5, Chapter 17.124 (Temporary Use Permits and
Temporary Uses and Special Events
Special Events)
P Permitted Use
A Permitted Accessory Use
AUP Administrative Use Permit Required
CUP Conditional Use Permit Required
— Use Not Allowed
DR Discretionary Design
SECTION 6, Code Amendment. Section 17.30.220 (Urban Lot Splits) of Title 17 is
HEREBY ADDED as follows:
17.30.220 Urban Lot Splits.
Sections:
A. Purpose.
B. Applicability.
C. Urban Lot Splits.
D. Review and Approval.
A. Purpose.
The purpose of this section is to implement Government Code Section 66411.7, which allows the
City to adopt an urban lot split ordinance. Notwithstanding any other provision of the Municipal
Code to the contrary, the provisions in this section shall govern the development of an urban lot
split in the City of Rosemead.
B. Applicability.
1. A proposed urban lot split must be located within the R-1 (Single Family Residential), on
the Official Zoning Map as defined in Article 2, Section 17.08.020 (Official zoning map).
2. A proposed urban lot split must not be located within a historic district or property included
on the State Historic Resources Inventory (see Section 5020.1 of the Public Resources
Code), or within a site that is designated or listed as a city or county landmark or historic
property or district pursuant to a city or county ordinance.
3. Other Instances:
a. An urban lot split is prohibited if the parcel is located areas specified in subparagraphs
(B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
b. An urban lot split is prohibited if the owner of residential real property has exercised
the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division
10
7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the
date that the development proponent applies.
C. Urban Lot Splits.
The following provisions shall apply to an urban lot split:
1. Any unit built as a result of an urban lot split must be for a term longer than 30 days. Short
term rentals are prohibited:
2. Comply with Subdivision Map Act: Urban lot splits must conform to all applicable
objective requirements of the Subdivision Map Act (Division 2 (commencing with Section
66410)), except as expressly provided in this section.
3. Dedication and Off -Site Improvements: A dedication of rights-of-way or the construction
of offsite improvements for the parcels being created cannot be required as a condition of
issuing a parcel map.
4. Size and Number: The parcel map subdividing an existing parcel must create no more than
two new parcels of approximately equal lot area provided that one parcel shall not be
smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
5. Minimum Size: Both newly created parcels created by an urban lot split must be no smaller
than 1,200 square feet.
6. Prior Urban Lot Split: The parcel has not been established through prior exercise of an
urban lot split as provided for in this section.
7. Previously Subdivided Adjacent Site: Neither the owner of the parcel being subdivided nor
any person acting in concert with the owner has previously subdivided an adjacent parcel
using an urban lot split as provided for in this section.
8. Existing Structures: No setback is required for an existing permitted structure, or a structure
constructed in the same location and to the same dimensions as an existing permitted
structure.
9. Demolition and Alteration: A proposed urban lot split must not require demolition or
alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to
levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's
valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years.
10. Limit on Demolition: A proposed urban lot split must not demolish more than 25 percent
of the existing exterior structural walls. This does not apply if the housing development
has not been occupied by a tenant in the last three years.
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11. Fire Department & Utility Easements: An easement must be provided over the front parcel
to the rear parcel for access to the public right of way, providing public services and
facilities, maintenance of utilities, and (if required) fire department access.
12. Owner Occupied: The applicant for an urban lot split must sign an affidavit stating that
the applicant will occupy one of the housing units as their principal residence for a
minimum of three years from the date of the approval of the urban lot split. This
requirement does not apply to an applicant that is a "community land trust," as defined in
clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the
Revenue and Taxation Code or is a. "qualified nonprofit corporation" as described in
Section 214.15 of the Revenue and Taxation Code.
13. Non -Conforming Zoning Conditions: Nonconforming zoning conditions are not required
to be made conforming before approving an application.
14. Objective Zoning Standards:
a. Flag Lots
1) Lot Width: All newly created parcels as a result of an urban lot split shall have a
minimum lot width of 50 feet.
2) Lot Frontage: The lot frontage for the flag lot. development shall be a minimum of
15 feet and shall be parallel to the street.
b. Number of Units: A proposed urban lot split shall contain not more than two dwelling
units per lot. All (existing or new) Accessory Dwelling Units (ADUs) and Junior ADUs
will be counted toward the maximum number of units. An urban lot split shall contain
not more than four residential units, two per parcel.
c. If the existing residential dwelling is proposed to remain on a lot, it shall be renovated
to match or complement the new construction in colors, materials, and architectural
style.
15. An urban dwelling that is proposed as part of an urban lot split shall conform to the standards
in Table 17.30.210.1 (Urban Dwelling and Urban Lot Split Development Standards).
D. Review and Approval.
Application: A completed Tentative Parcel Map application shall be submitted to the
Community Development Department with the accompanying fee. The filing fee shall
equal 50% of the Tentative Parcel Map fee as established by City Council resolution.
2. Staff Review: The director, or their designee, will circulate the application for an urban lot
split, along with the Parcel Map, to affected city departments and outside agencies for
review and comment. City comments will be provided back to the applicant for review and
necessary revisions.
3. Building Official Review: A proposed urban dwelling may be denied if the building official
makes a makes a written finding, based upon a preponderance of the evidence, that the
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proposed housing development project would have a specific, adverse impact, as defined
and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health
and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact. The decision of the building
official may be appealed to the Planning Commission in compliance with section
17.160.030.
4. Ministerial Review: Proposals for urban lot split will be reviewed ministerially, without
discretionary review or a hearing.
5. Approval: If the application for urban lot split meets the requirements of Section 17.30.220,
the Director of Community Development, or their designee, shall approve the application.
The action of the director is final, unless appealed pursuant to Section 17.160.030.
SECTION 7. Code Amendment. Section 16.08 — MINOR SUBDIVISIONS of Title 16
is HEREBY ADDED as follows:
16.08.240 — Urban Lot Splits.
1. Urban Lot Splits pursuant to Section 66411.7 of the Government Code and in conformance
with Section 17.30.220 of the Municipal Code are permitted and shall be processed in the
same manner as a Tentative Parcel Map as contained in this Chapter, except that no hearing
shall be required by either the Planning Commission or City Council.
2. No dedications shall be required.
The filing fee shall equal 50% of the Parcel Map Fee as established by City Council
resolution.
SECTION 8. Severability. The City Council hereby declares that, should any provision,
section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part
thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of
competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not
affect the validity of the remaining section or portions of the Ordinance or part thereof. The City
Council hereby declares that it would have independently adopted the remaining provisions,
sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance
irrespective of the fact that any one or more provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words may be declared invalid or unconstitutional.
SECTION 9. Urgency. The City Council finds and declares that the adoption and
implementation of this ordinance is necessary to address the danger to public health, safety, and
general welfare as articulated above, and to immediately provide provisions to implement SB 9,
which became effective on January 1, 2022. The City Council therefore finds and determines that
this ordinance be enacted as an urgency ordinance pursuant to Government Code sections 36934,
36937 and 65858 and takes effect immediately upon adoption by four-fifths of the City Council.
SECTION 10. Publication. The City Clerk is directed to certify this ordinance and cause
it to be published in the manner required by law.
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PASSED, APPROVED, AND ADOPTED this 25th day of January, 2022.
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
i
Pollyo),-NTayor
ATTEST:
Ericka Hernande , ity Clerk
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 Urgency Ordinance No. 1005 was
introduced and adopted, as an urgency measure pursuant to California Government Code Section
36937 (b), at a regular meeting held on the 25th day of January 2022, by the following vote:
AYES: ARMENTA, CLARK, DANG, LOW, TANG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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� F"17
Ericka Hernandez, City Clerk