CC - Item 3B - Continued Public Hearing on Municipal Code Amendment 21-03 (Emergency Shelters Ordinance)ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, ACTING CITY MANAGER
DATE: APRIL 26, 2022
SUBJECT: CONTINUED PUBLIC HEARING ON MUNICIPAL CODE
AMENDMENT 21-03 (EMERGENCY SHELTERS ORDINANCE)
SUMMARY
As part of the 6th Cycle Housing Element update process, the City was required to amend the
objective standards for emergency shelters, as regulated in Rosemead Municipal Code (RMC)
Section 17.30.120 (Emergency Shelters) to comply with Government Code Section 65583. On
January 11, 2022, the City Council conducted a duly noticed and advertised public hearing to
receive oral and written testimony relative to Municipal Code Amendment (MCA) 21-03. During
the public hearing, the City Council raised several concerns and directed staff to work with the
City Attorney's Office to incorporate additional parameters in the proposed ordinance. As a
result, the public hearing was continued to a future City Council Meeting.
ENVIRONMENTAL ANALYSIS
MCA 21-03 (Ordinance 1002) 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 text amendments are procedural and technical in nature and will
ensure that local regulations align with the applicable provisions of State law. The proposed
ordinance does not involve any activities that will directly or indirectly alter the environment
from its current conditions. 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.
DISCUSSION
This item was presented to the City Council for consideration on January 11, 2022. Analysis of
the proposed amendment is provided in the City Council Staff Report and City Council Meeting
Minutes Excerpt, which are included in this report as Attachments `B" and "C", respectively.
AGENDA ITEM 3.13
City Council Meeting
April 26, 2022
Page 2 of 5
During the public hearing, the City Council had questions in relation to the limitations of
standards imposed on emergency shelters. For this reason, the City Council continued the public
hearing and provided staff with direction to further review the items discussed with the City
Attorney's Office. Below is a list of the questions and comments raised by the City Council and
staff's responses:
• Restrictions on the Location of Emergency Shelters
To comply with Assembly Bill 139, the City cannot restrict emergency shelters from
being developed on lots that abut the R-1 zone or from being located within one-quarter
mile of a bus stop.
• Longevity of Emergency Shelters
Emergency shelters are permanent uses and once established can remain until the
operator ceases operation.
• Maximum Number of Beds
On March 18, 2022, the California Department of Housing and Community Development
(HCD) provided comments on the City's adopted Housing Element. One of the
comments dealt with maximizing the number of beds to at least 30 beds for emergency
shelters. Failure to raise the bed number could result in HCD not approving the City's
Housing Element. For this reason, the number of beds proposed in Ordinance No. 1002
has increased from 7 to 30.
• Extent of Objective Standards a City Can Enforce
Per Government Code Section 65583, emergency shelters may only be subject to
development and management standards that apply to residential or commercial
development within the same zone except that a local government may apply written,
objective standards that include all of the following:
1. The maximum number of beds or persons permitted to be served nightly by
the facility.
2. Sufficient parking to accommodate all staff working in the emergency shelter,
provided that the standards do not require more parking for emergency
shelters than other residential or commercial uses within the same zone.
3. The size and location of exterior and interior onsite waiting and client intake
areas.
4. The provision of onsite management.
5. The proximity to other emergency shelters, provided that emergency shelters
are not required to be more than 300 feet apart.
6. The length of stay.
7. Lighting.
City Council Meeting
April 26, 2022
Page 3 of 5
8. Security during hours that the emergency shelter is in operation.
The eight objective standards are incorporated into Ordinance No. 1002.
• Resident Safety Requirements
Since the list of permissible standards under Government Code Section 65583 includes
onsite management, lighting, and security, the City can impose standards to regulate
resident safety. The current code does require emergency shelter providers to submit a
written security plan prior to beginning operation. The Security Plan must include hours
of operation, intake/discharge procedures, screening of clients prior to admission,
provisions for onsite security guards (if any), a site plan that includes parking areas,
lighting, and location of onsite walk-in and client intake areas, and obtain approval by the
Chief of Police.
Staff has incorporated additional requirements for the Security Plan in Ordinance No.
1002, such as restricting client intake in accordance with State and local registered sex
offender residency restrictions and requiring additional security measures should children
be present.
• Client Restrictions
The City's current ordinance requires emergency shelter providers to screen for and
refuse service to registered sex offenders as part of their client intake process. To comply
with State law (Government Code Section 65583), the ordinance will be amended to
remove that language. Language to protect children and families that may be staying at
the emergency shelters is incorporated as part of the security plan requirements. The
security plan shall address minors and ensure their safety and restricting client intake in
accordance with State and local registered sex offender residency restrictions.
• Impose Guest Parking Requirements
Per AB 139, the City can only require sufficient parking to accommodate for staff
working in an emergency shelter, provided that the standards do not require more parking
for emergency shelters than other residential or commercial uses within the same zone.
The City can encourage the emergency shelter provider to provide guest parking during
the application process, but cannot enforce it as a requirement. Language has been
incorporated in Ordinance No. 1002, which encourages off-street parking for clients with
vehicles.
• Onsite Client Intake Areas
The City's current code requires onsite intake areas to be enclosed or screened from the
public right-of-way and adjacent properties. Queuing within the public right-of-way or
City Council Meeting
April 26, 2022
Page 4 of 5
any parking area is not permitted. For the purposes of noise abatement, organized
outdoor activities and intake of residents in non -enclosed areas may only be conducted
between the hours of seven a.m. and ten p.m. This complies with the City's Noise
Ordinance. In addition, a security plan will be reviewed and approved by the Chief of
Police to ensure appropriate measures are taken.
• Environmental Impacts and Pollutants
An emergency shelter would most likely be a lease or purchase of existing building. The
City cannot require an operator to identify if environmental impacts such as noise, fumes,
or soil pollutants are present that may be harmful to patrons of the emergency shelter.
Although the City cannot make this a standard, the City can require an assessment of
environmental impacts as part of the application process. However, the assessment will
not be a basis to deny the use, but to assist staff and the applicant to address concerns in
the security plan.
Based on staff's responses to the concerns raised by the City Council, staff has revised
Ordinance No. 1002, which is attached to the staff report in Attachment "A".
STAFF RECOMMENDATION
That the City Council:
1. Conduct the continued public hearing and receive public testimony; and
2. Introduce the first reading, by title only, Ordinance No. 1002 (Attachment "A"),
approving MCA 21-03.
FISCAL IMPACT — None
STRATEGIC PLAN IMPACT
The City of Rosemead 2030 Strategic Plan Framework, safety objective states that Rosemead
will enhance public safety in our city by providing safe access to public facilities, expanding
neighborhood safety programming, and improving quality of life, including assisting homeless
residents in our community. MCA 21-03 updates objective standards pertaining to capacity,
location, parking, and client restrictions for emergency shelters in accordance with the provisions
of Government Code Section 65583 and contributes to the implementation of the Strategic Plan
safety objective.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which includes a
300 -foot radius public hearing notice to eight hundred fifty-one (851) property owners,
City Council Meeting
April 26, 2022
Page 5 of 5
publication in the Rosemead Reader on April 14, 2022, and posting of the notices at the six (6)
public locations.
Prepared by:
Annie Lao
Associate Planner
Submitted by:
Lily T. Valenzuela
Planning and Economic Development Manager
Attachment A: Ordinance 1002
Attachment B: City Council Staff Report, dated January 11, 2022 (with attachments)
Attachment C: City Council Meeting Minutes Excerpt, dated January 11, 2022
Attachment A
Ordinance No. 1002
EXHIBIT "A"
ORDINANCE NO. 1002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
FOR THE APPROVAL OF MCA 21-03, AMENDING ROSEMEAD
MUNICIPAL CODE SECTION 17.30.120 OF TITLE 17 (ZONING) TO
COMPLY WITH OBJECTIVE STANDARDS FOR EMERGENCY
SHELTERS.
WHEREAS, on October 13, 2007, Governor Arnold Schwarzenegger signed Senate Bill
2, which amended Government Code Section 65583 pertaining to local regulations for emergency
shelters; and
WHEREAS, on September 26, 2019, Governor Gavin Newsom signed Assembly Bill 139
which further amended Government Code Section 65583 pertaining to local regulations for
emergency shelters; and
WHEREAS, local ordinances shall be compliant with state provisions pertaining to
emergency shelters as a part of the City's 6th Cycle Housing Element Update (2021-2029) efforts
for a certified Housing Element from the Department of Housing and Community Development;
and
WHEREAS, the City of Rosemead's current Municipal Code conflicts with the
regulations specified in Government Code Section 65583; and
WHEREAS, amendments to Title 17 (Zoning), specifically RMC Section 17.30.120 are
necessary to update objective standards for the establishment of emergency shelters in
conformance with Government Code Sections 65583; and
WHEREAS, Section 17.152.0603 of the Rosemead Municipal Code provides the criterial
for a Zoning Code Amendment; and
WHEREAS, Section 17.152.050 of the Rosemead Municipal Code authorizes the City
Council to approve amendments to the City's Zoning Code;
WHEREAS, on December 20, 2021, the Planning Commission held a duly noticed public
hearing and recommended approval of Ordinance No. 1002 to the City Council;
WHEREAS, on December 30, 2021, eight -hundred and fifty-one (85 1) notices were sent
to property owners within a 300 -feet radius from the subject properties, published in the Rosemead
Reader, and posted in six public locations, specifying the availability of the proposal, and the date,
time, and location of the public hearing for MCA 21-03; and
WHEREAS, on January 11, 2022, the City Council raised several concerns and directed
staff to work with the City Attorney's Office to incorporate additional parameters in the proposed
ordinance. As a result, the public hearing on Municipal Code Amendment 21-03 was continued to
a future City Council Meeting; and
WHEREAS, on April 14, 2022, eight -hundred and fifty-one (85 1) notices were sent to
property owners within a 300 -feet radius from the subject properties, published in the Rosemead
Reader, and posted in six public locations, specifying the availability of the proposal, and the date,
time, and location of the public hearing for MCA 21-03; and
WHEREAS, on April 26, 2022 the City Council held a duly noticed and advertised public
hearing to receive oral and written testimony relative to Municipal Code Amendment 21-03; and
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following determination.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Ordinance No. 1002, 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 General Plan as the purpose
of the proposed ordinance is to comply with the amended provisions of Government Code section
65583 and would update objective standards in Section 17.30.120 pertaining to capacity, location,
parking, and client restrictions for emergency shelters. In addition, as part of the City's 6th Cycle
Housing Element Update (2021-2029), the State Department of Housing and Community
Development requires local ordinances be compliant with State provisions pertaining to
emergency shelters. The proposed amendment would not affect any applicable specific plan within
the City.
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 emergency shelters are currently permitted in the
Zoning Code. The State legislature has identified that homelessness in California is a continuing
crisis that demands the effective involvement of both the public and private sectors. California has
the highest population of people experiencing homelessness in the nation. In order for the State to
address its homelessness crisis, there is a need for heightened and coordinated planning and action
toward the provision of emergency shelters and transitional housing strategies. The adoption of
SB 2 and AB 139 into State Housing law limits the City's ability to regulate emergency shelters
by reducing regulatory barriers and streamlining the approval process for emergency shelters. To
2
comply with State law, the proposed revisions would bring Section 17.30.120 of the Rosemead
Municipal Code into full compliance with State law.
C. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
FINDING: MCA 21-03 is intended to bring Rosemead Municipal Code Section 17.30.120
of Title 17 (Zoning) up to compliance with State legislation regarding objective standards
pertaining to capacity, location, parking, and client restrictions for emergency shelters in
accordance with the provisions of Government Code Sections 65583 and does not affect other
applicable provisions of the Zoning Code.
SECTION 2. Code Amendment. RMC Section 17.30.120 Emergency shelters and
temporary aid centers is hereby amended, as follows:
17.30.120 Emergency shelters and temporary aid centers.
A. Applicability. The requirements of this section apply to all emergency shelters and temporary
aid shelters 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). Upon providing documentation sufficient to allow the Community Development
Director to determine that the following operational standards will be met, an emergency
shelter or temporary aid center may begin operation.
B. Emergency Shelters.
1. Location.
a-. --An emergency shelter may be on any parcel in M-1 (Light Manufacturing and Industrial)
by-right.-,ee-xeeeepft-"':16- no emer-geney sheher- development will be pefmi#ed on a" let
abuts the R 1 (Single Family Residential) zene.
L. The s el+e shall be 1 ate,l . 40hi eme aAe ale of a b step.
2. Capacity. Emergency shelters may provide a maximum of 30seven beds per
establishment.
3. Maximum Length of Stay. The maximum length of stay of any person shall be six
months.
4. Intake/Waiting Areas. On-site intake areas shall be enclosed or screened from the public
right-of-way and adjacent properties. Queuing within the public right-of-way or any
parking area is not permitted.
5. Lighting. Lighting shall be stationary, directed away from adjacent properties and public
rights-of-way, and of an intensity that is consistent with existing lighting in the
neighborhood.
6. Noise. For the purposes of noise abatement, organized outdoor activities and intake of
residents in non -enclosed areas may only be conducted between the hours of seven a.m.
and ten p.m.
7. On -Site Management. The shelter shall have full-time on-site management. Emergency
shelter providers must submit a written management plan prior to beginning operation,
including provisions for staff training, and counseling, treatment, and training programs
for residents. The management plan shall be subject to approval by the Community
Development Director.
8. Parking. Emergency shelters must provide one parking
space f4per staff member elieffts and stiffieien4 pa44Fitto meet the needs of the shelter's
on-site management.
spaees fer- elients and suffieient par -king te fflee4 the needs of the shelter's en site
managemenNonoperational and unregistered vehicles shall not be kept on site. Towing
shall be the responsibility of the shelter operator. 9. GliefA n eJtF iet-i�g.
effender-s as part of their- elient intake pr-eeess.
4.09. Security. Emergency shelter providers must submit a written security plan prior to
beginning operation that includes the following:
a_-Hhours of Oeperation_
b_7,1-intake/Ddischarge Pprocedures_
c_—Sscreening of Celients Pprior to Asdmission to the Sshelter. The emer eg_ncy shelter
operator must restrict client intake in accordance with state and local registered sex
offender residency restrictions. Additional security measures shall be included if
children are present.
a:d. Pprovisions for on-site security guards, if any.
4.e.A site plan shall also be provided which clearly indicates parking areas, lighting, and
the location of on-site walk-in and client intake areas.
e-& The security plan shall be subject to approval by the Chief of Police.
4410. Separation from Other Shelters. No emergency shelter shall be located within a
radius of three hundred (300) feet from the nearest shelter, as measured from property
line to property line. This requirement does not apply to Temporary Aid Centers.
4-211. Storage. For emergency shelters that accept walk-in clients, an enclosed area must
be provided for residents to store their belongings, such as bicycles, shopping carts, and
other possessions. Off-street parking for clients with vehicles are highly encouraged,
not required.
C. Temporary Aid Centers.
1. Intake/Waiting Areas. On-site intake areas shall be enclosed or screened from the public
right-of-way and adjacent properties. Queuing within the public right-of-way or any
parking area is not permitted.
2. Lighting. Lighting shall be stationary, directed away from adjacent properties and public
rights-of-way, and of an intensity that is consistent with existing lighting in the
neighborhood.
4
3. Noise. For the purposes of noise abatement, organized outdoor activities and intake of
residents in non -enclosed areas may only be conducted between the hours of seven a.m.
and ten p.m.
4. On -Site Management. Temporary aid centers must submit a written management plan
prior to beginning operation, including provisions for staff training and counseling,
training, treatment and programs for clients. The management plan shall be subject to
approval by the Community Development Director.
5. Security. Temporary aid centers must submit a written security plan prior to beginning
operation including, as applicable, the hours of operation, intake/discharge procedures,
screening of clients prior to admission to the temporary aid center, and provisions for
on-site security guards, if any. A site plan shall also be provided which clearly indicates
parking areas, lighting, and the location of on-site walk-in and client intake areas. The
security plan shall be subject to approval by the Chief of Police.
6. [No Overnight Stays Provided.] Temporary aid centers will not provide facilities for
overnight stays.
SECTION 7. Environmental Review. MCA 21-03 (Ordinance 1002) 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 text amendments are procedural and
technical in nature and will ensure that local regulations align with the applicable provisions of
State law. The proposed ordinance does not involve any activities that will directly or indirectly
alter the environment from its current conditions. 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.
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.
5
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.
PASSED, APPROVED, AND ADOPTED this th day of , 2022.
ATTEST:
Rachel H. Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
Polly Low, Mayor
APPROVED AS TO FORM:
Ericka Hernandez, City 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 Ordinance No. 1002 was first
introduced at the regular meeting of , 2022 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 th
day of 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
0
Ericka Hernandez, City Clerk
Attachment B
City Council Staff Report
Date January 11, 2022
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER •
DATE: JANUARY 11, 2022
SUBJECT: PUBLIC HEARING ON EMERGENCY SHELTERS - MUNICIPAL CODE
AMENDMENT 21-03
SUMMARY
Municipal Code Amendment 21-03 (MCA 21-03) is a City initiated amendment to Title 17
("Zoning") of the Rosemead Municipal Code intended to bring Section 17.30.120 up to
compliance with State legislation regarding objective standards for emergency shelters in the
City. The proposed amendment would update objective standards pertaining to capacity,
location, parking, and client restrictions for emergency shelters in accordance with the provisions
of Government Code Section 65583. MCA 21-03 is required as part of the City's 6th Cycle
Housing Element Update (2021-2029) efforts.
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. 1002 (Attachment "A"),
approving MCA 21-03.
ENVIRONMENTAL ANALYSIS
MCA 21-03 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.
AGENDA ITEM 4.A
City Council Meeting
January 11, 2022
Page 2 of 3
DISCUSSION
On December 20, 2021, the Planning Commission held a duly noticed and advertised public
hearing to receive oral and written testimony relative to MCA 21-03. The Planning Commission
Staff Report, draft Planning Commission Meeting Minutes, and Planning Commission
Resolution 21-19 are included in this report as Attachments `B," "C," and "D," respectively.
As part of the Planning Commission discussion, staff addressed questions and provided
clarification on the length of stay for residents of the emergency shelters and the process for
- - ...... ---..._.._..... _
establishing an emergency shelter within the City.
Following the close of the public hearing, the Planning Commission adopted Planning
Commission Resolution 21-19, recommending that the City Council adopt Ordinance No. 1002
to approve MCA 21-03, updating objective standards pertaining to capacity, location, parking,
and client restrictions for emergency shelters.
PUBLIC HEARING TESTIMONY
Although there were members of the public in attendance at the public hearing, no public
testimony was received.
SYN\41flA ZT� 1d1
STRATEGIC PLAN IMPACT
The City of Rosemead 2030 Strategic Plan Framework, safety objective states that Rosemead
will enhance public safety in our city by providing safe access to public facilities, expanding
neighborhood safety programming, and improving quality of life, including assisting homeless
residents in our community. MCA 21-03 updates objective standards pertaining to capacity,
location, parking, and client restrictions for emergency shelters in accordance with the provisions
of Government Code Section 65583 and contributes to the implementation of the Strategic Plan
safety objective.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which includes a a
300 -foot radius public hearing notice to eight hundred fifty-one (851) property owners,
publication in the Rosemead Reader on December 30, 2021, and posting of the notices at the six
(6) public locations.
City Council Meeting
January 11, 2022
Page 3 of 3
Prepared by:
. 5 L/
Annie Lao
Associate Planner
Reviewed by:
4�4
Lily Valenzuela
Planning & Economic Development Manager
Submitted by:
416
0.
1oria Molleda
City Manager
Attachment A: Ordinance No. 1002
Attachment B: Planning Commission Staff Report, dated December 20, 2021
Attachment C: Draft Planning Commission Meeting Minutes, dated December 20, 2021
Attachment D: Planning Commission Resolution No. 21-19
Attachment A
Ordinance No. 1002
EXHIBIT "A"
ORDINANCE NO. 1002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
FOR THE APPROVAL OF MCA 21-03, AMENDING ROSEMEAD
MUNICIPAL CODE SECTION 17.30.120 OF TITLE 17 (ZONING) TO
COMPLY WITH OBJECTIVE STANDARDS FOR EMERGENCY
SHELTERS.
WHEREAS, on October 13, 2007, Governor Arnold Schwarzenegger signed Senate Bill
2, which amended Government Code Section 65583 pertaining to local regulations for emergency
shelters; and
WHEREAS, on September 26, 2019, Governor Gavin Newsom signed Assembly Bill 139
which further amended Government Code Section 65583 pertaining to local regulations for
emergency shelters; and
WHEREAS, local ordinances shall be compliant with state provisions pertaining to
emergency shelters as a part of the City's 6th Cycle Housing Element Update (2021-2029) efforts
for a certified Housing Element from the Department of Housing and Community Development;
and
WHEREAS, the City of Rosemead's current Municipal Code conflicts with the
regulations specified in Government Code Section 65583; and
WHEREAS, amendments to Title 17 (Zoning), specifically RMC Section 17.30.120 are
necessary to update objective standards for the establishment of emergency shelters in
conformance with Government Code Sections 65583; and
WHEREAS, Section 17.152.060.B of the Rosemead Municipal Code provides the criterial
for a Zoning Code Amendment; and
WHEREAS, Section 17.152.050 of the Rosemead Municipal Code authorizes the City
Council to approve amendments to the City's Zoning Code;
WHEREAS, on December 20, 2021, the Planning Commission held a duly noticed public
hearing and recommended approval of Ordinance No. 1002 to the City Council;
WHEREAS, on December 30, 2021, eight -hundred and fifty-one (851) notices were sent
to property owners within a 300 -feet radius from the subject properties, published in the Rosemead
Reader, and posted in six public locations, specifying the availability of the proposal, and the date,
time, and location of the public hearing for MCA 21-03; and
WHEREAS, on January 11, 2021, the City Council held a duly noticed and advertised
public hearing to receive oral and written testimony relative to Municipal Code Amendment 21-
03; and
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following determination.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Ordinance No.. 1002, 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 General Plan as the purpose
of the proposed ordinance is to comply with the amended provisions of Government Code section
65583 and would update objective standards in Section 17.30.120 pertaining to capacity, location,
parking, and client restrictions for emergency shelters. In addition, as part of the City's 6th Cycle
Housing Element Update (2021-2029), the State Department of Housing and Community
Development requires local ordinances be compliant with State provisions pertaining to
emergency shelters. The proposed amendment would not affect any applicable specific plan within
the City.
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 emergency shelters are currently permitted in the
Zoning Code. The State legislature has identified that homelessness in California is a continuing
crisis that demands the effective involvement of both the public and private sectors. California has
the highest population of people experiencing homelessness in the nation. In order for the State to
address its homelessness crisis, there is a need for heightened and coordinated planning and action
toward the provision of emergency shelters and transitional housing strategies. The adoption of
SB 2 and AB 139 into State Housing law limits the City's ability to regulate emergency shelters
by reducing regulatory barriers and streamlining the approval process for emergency shelters. To
comply with State law, the proposed revisions would bring Section 17.30.120 of the Rosemead
Municipal Code into full compliance with State law.
C. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
FINDING: MCA 21-03 is intended to bring Rosemead Municipal Code Section 17.30.120
of Title 17 (Zoning) up to compliance with State legislation regarding objective standards
pertaining to capacity, location, parking, and client restrictions for emergency shelters in
PJ
accordance with the provisions of Government Code Sections 65583 and does not affect other
applicable provisions of the Zoning Code.
SECTION 2. Code Amendment. RMC Section 17.30.120 Emergency shelters and
temporary aid centers is hereby amended, as follows:
A. Applicability. The requirements of this section apply to all emergency shelters and temporary
aid shelters 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). Upon providing documentation sufficient to allow the Community Development
Director to determine that the following operational standards will be met, an emergency
shelter or temporary aid center may begin operation.
B. Emergency Shelters.
1. Location.
a --An emergency shelter may be on any parcel in M-1 (Light Manufacturing and Industrial)
by_rig_ht.,meat will be penniffed en any lot that
huts the n 1 (Single ❑afnii., Residential)
h Th h It h 11 h + d within a ,after- mile of a bus .,te
2. Capacity. Emergency shelters may provide a maximum of 10seven beds per
establishment.
3. Maximum Length of Stay. The maximum length of stay of any person shall be six
months.
4. Intake/Waiting Areas. On-site intake areas shall be enclosed or screened from the public
right-of-way and adjacent properties. Queuing within the public right-of-way or any
parking area is not permitted.
5. Lighting. Lighting shall be stationary, directed away from adjacent properties and public
rights-of-way, and of an intensity that is consistent with existing lighting in the
neighborhood.
6. Noise. For the purposes of noise abatement, organized outdoor activities and intake of
residents in non -enclosed areas may only be conducted between the hours of seven a.m.
and ten p.m.
7. On -Site Management. The shelter shall have full-time on-site management. Emergency
shelter providers must submit a written management plan prior to beginning operation,
including provisions for staff training, and counseling, treatment, and training programs
for residents. The management plan shall be subject to approval by the Community
Development Director.
8. Parking. Emergency shelters must provide one parking
space per staff member ' .. elie.,ts and sm-ifi..:ont pa c„ g to most the eeds of the
accommodate the staff working in the emergency shelter .
is . Nonoperational
and unregistered vehicles shall not be kept on site. Towing shall be the responsibility of
the shelter operator.
940. Security. Emergency shelter providers must submit a written security plan prior to
beginning operation that includes the hours of operation, intake/discharge procedures,
screening of clients prior to admission to the shelter, and provisions for on-site security
guards, if any. A site plan shall also be provided which clearly indicates parking areas,
lighting, and the location of on-site walk-in and client intake areas. The security plan
shall be subject to approval by the Chief of Police.
1044. Separation from Other Shelters. No emergency shelter shall be located within a
radius of three hundred (300) feet from the nearest shelter, as measured from property
line to property line. This requirement does not apply to Temporary Aid Centers.
11.1-2. Storage. For emergency shelters that accept walk-in clients, an enclosed area must
be provided for residents to store their belongings, such as bicycles, shopping carts, and
other possessions.
C. Temporary Aid Centers.
1. Intake/Waiting Areas. On-site intake areas shall be enclosed or screened from the public
right-of-way and adjacent properties. Queuing within the public right-of-way or any
parking area is not permitted.
2. Lighting. Lighting shall be stationary, directed away from adjacent properties and public
rights-of-way, and of an intensity that is consistent with existing lighting in the
neighborhood.
3. Noise. For the purposes of noise abatement, organized outdoor activities and intake of
residents in non -enclosed areas may only be conducted between the hours of seven a.m.
and ten p.m.
4. On -Site Management. Temporary aid centers must submit a written management plan
prior to beginning operation, including provisions for staff training and counseling,
training, treatment and programs for clients. The management plan shall be subject to
approval by the Community Development Director.
5. Security. Temporary aid centers must submit a written security -plan prior to beginning
operation including, as applicable, the hours of operation, intake/discharge procedures,
screening of clients prior to admission to the temporary aid center, and provisions for
on-site security guards, if any. A site plan shall also be provided which clearly indicates
parking areas, lighting, and the location of on-site walk-in and client intake areas. The
security plan shall be subject to approval by the Chief of Police.
6. [No Overnight Stays Provided.] Temporary aid centers will not provide facilities for
overnight stays.
SECTION 7. Environmental Review. MCA 21-03 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
4
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.
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.
PASSED, APPROVED, AND ADOPTED this
ATTEST:
Ericka Hernandez, City Clerk
5
cn day of , 2022.
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. 1002 was first
introduced at the regular meeting of , 2022 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 th
day of 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ri
Ericka Hernandez, City Clerk
Attachment B
Planning Commission Staff Report
Dated December 20, 2021
ROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: DECEMBER 20, 2021
SUBJECT: MUNICIPAL CODE AMENDMENT 21-03
SUMMARY
Municipal Code Amendment 21-03 (MCA 21-03) is a City initiated amendment to Title 17
("Zoning") of the Rosemead Municipal Code by bringing Section 17.30.120 up to
compliance with State legislation regarding objective standards for emergency shelters in
the City. The proposed amendment would update objective standards pertaining to
capacity, location, parking, and client restrictions for emergency shelters in accordance
with the provisions of Government Code Section 65583. MCA 21-03 is required as part
of the City's 6th Cycle Housing Element Update (2021-2029) efforts.
ENVIRONMENTAL DETERMINATION
MCA 21-03 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.
STAFF RECOMMENDATION
That the Planning Commission:
1. Conduct a public hearing and receive public testimony; and
2. Adopt Planning Commission Resolution No. 21-19 with findings (Exhibit "A"), a
resolution recommending that the City Council adopt Ordinance No. 1002 (Exhibit
"B") for the approval of MCA 21-03.
Planning Commission Meeting
December 20, 2021
Page 2 of 9
DISCUSSION
The State legislature has identified that homelessness in California is a continuing crisis
that demands the effective involvement of both the public and private sectors. California
has the highest population of people experiencing homelessness in the nation. In order
for the State to address its homelessness crisis, there is a need for heightened and
coordinated planning and action toward the provision of emergency shelters and
transitional housing strategies.
In October 2007, Senate Bill 2 (SB 2) amended the requirements for local government
regulations regarding emergency shelters. The California Health and Safety Code defines
an emergency shelter as "housing with minimal supportive services for homeless persons
that is limited to occupancy of six months or less by a homeless person." SB 2 amended
State housing lawto require that local jurisdictions identify at least one zoning district within
which emergency shelters are allowed as a permitted use without a Conditional Use Permit
(CUP) or other discretionary review.
In October 2013, the City adopted State mandated regulations related to emergency
shelters as part of the Comprehensive Zoning Code Update which permitted emergency
shelters by -right within the Light Manufacturing and Industrial (M-1) zone, subject to
objective development and operational standards.
In September 2019, Assembly Bill 139 (AB 139) amended the parking and capacity
requirements for emergency shelters. AB 139 required that the parking standards for
emergency shelters be based on staffing level and not the number of beds provided and
required the need for emergency shelters to be assessed based on the capacity
necessary to accommodate the most recent homeless point -in -time count. The adoption
of SB 2 and AB 139 into State Housing law limits the City's ability to regulate emergency
shelters by reducing regulatory barriers and streamlining the approval process for
emergency shelters. As part of the City's 6th Cycle Housing Element Update (2021-2029),
the State Department of Housing and Community Development requires local ordinances
be compliant with State provisions pertaining to emergency shelters.
Proposed Municipal Code Amendments
The proposed revisions listed below would bring Rosemead Municipal Code Section
17.30.120 into full compliance with State law:
• Capacity: The City's current code permits emergency shelters to provide a
maximum of seven beds per establishment. State law requires the capacity to
accommodate the most recent homeless point -in -time count. The Los Angeles
Homeless Services Authority (LAHSA) Greater Los Angeles Homeless Point in
Time (PIT) Count in 2020, identified 79 unsheltered persons in the City.
Planning Commission Meeting
December 20, 2021
Page 3 of 9
The only objective standard pertaining to location that State law permits local
governments to apply is the proximity of emergency shelters to be no more than
300 feet apart from each other. In order to determine the maximum number of
potential emergency shelters that can be supported in the City, staff created a map
depicting 300 -foot buffers in the Light Manufacturing and Industrial (M-1) zone.
Based on the 300 -foot Buffer Map, which is attached as Exhibit "C", the City can
accommodate a total of 11 potential emergency shelters. The City's current
capacity would only accommodate 77 unsheltered persons (seven beds x 11
potential sites).
To comply with State law, the code amendment will amend the maximum number
of beds to 10. By increasing the maximum number of beds to 10, the City can
potentially accommodate a total of 110 unsheltered persons (10 beds x 11
potential sites).
Location: The City's current code places limitations on locations of emergency
shelters that abut the Single -Family Residential (R-1) zone and requires
emergency shelters to be located within one-quarter mile of a bus stop. To comply
with State laws, the code amendment will remove the aforementioned restrictions
on location for emergency shelters. The only objective standard pertaining to
location that State law permits local governments to apply is the proximity of
emergency shelters to be no more than 300 feet apart from each other.
Parking: The City's current code requires that emergency shelters that do not
accept walk-in clients must provide one parking space for clients and sufficient
parking to meet the needs of the shelter's on-site management. Shelters that
accept walk-in clients must provide two parking spaces for clients and sufficient
parking to meet the needs of the shelter's on-site management. State law requires
that the parking standards for emergency shelters be based on staffing level and
not the number of beds provided. To comply with State law, the code amendment
will no longer impose parking requirements for clients, and only require one off-
street parking space per staff member.
Client restrictions: The City's current code requires emergency shelter providers
to screen for and refuse service to registered sex offenders as part of their client
intake process. Client restrictions is not an objective standard that State law
permits local governments to impose. To comply with State law, the code
amendment will remove client restrictions for emergency shelter providers.
Planning Commission Meeting
December 20, 2021
Page 4 of 9
MUNICIPAL CODE REQUIREMENTS
Per Rosemead Municipal Code Section 17.152.060, amendments to [the] Zoning Code
may be approved only if all the following findings are first made:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan;
The proposed amendment is consistent with the General Plan as the purpose of
the proposed ordinance is to comply with the amended provisions of Government
Code section 65583 and would update objective standards in Section 17.30.120
pertaining to capacity, location, parking, and client restrictions for emergency
shelters. In addition, as part of the City's 6th Cycle Housing Element Update (2021-
2029), the State Department of Housing and Community Development requires
local ordinances be compliant with State provisions pertaining to emergency
shelters. The proposed amendment would not affect any applicable specific plan
within the City.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City; and
The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City, as emergency shelters are currently
permitted in the Zoning Code. The State legislature has identified that
homelessness in California is a continuing crisis that demands the effective
involvement of both the public and private sectors. California has the highest
population of people experiencing homelessness in the nation. In order for the
State to address its homelessness crisis, there is a need for heightened and
coordinated planning and action toward the provision of emergency shelters and
transitional housing strategies. The adoption of SB 2 and AB 139 into State
Housing law limits the City's ability to regulate emergency shelters by reducing
regulatory barriers and streamlining the approval process for emergency shelters.
To comply with State law, the proposed revisions would bring Section 17.30.120
of the Rosemead Municipal Code into full compliance with State law.
C. The proposed amendment is internally consistent with other applicable provisions
of [the] Zoning Code.
MCA 21-03 is intended to bring Rosemead Municipal Code Section 17.30.120 of
Title 17 (Zoning) up to compliance with State legislation regarding objective
standards pertaining to capacity, location, parking, and client restrictions for
emergency shelters in accordance with the provisions of Government Code
Sections 65583 and does not affect other applicable provisions of the Zoning
Code.
Planning Commission Meeting
December 20, 2021
Page 5 of 9
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300 -foot radius public hearing notice to eight hundred and fifty-one (851)
property owners, publication in the Rosemead Reader on December 9, 2021, and
postings of the notice at the six (6) public locations and on the subject site.
Prepared by:
C>��
Annie Lao
Associate Planner
Reviewed by:
LilyVzuela
Planning & Economic Development Manager
Submitted by:
GI a o eIT da
�Jla'9etj
City Manager
EXHIBITS:
A. Planning Commission Resolution No. 21-19
B. Draft Ordinance No. 1002
C. 300 -Foot Buffer Map for M-1 Zone
Planning Commission Meeting
December 20, 2021
Page 6 of 9
EXHIBIT "A"
PC RESOLUTION 21-19
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.
1002 FOR THE APPROVAL OF MUNICIPAL CODE AMENDMENT 21-03
(MCA 21-03), AMENDING ROSEMEAD MUNICIPAL CODE SECTION
17.30.120 OF TITLE 17 (ZONING) TO COMPLY WITH OBJECTIVE
STANDARDS FOR EMERGENCY SHELTERS.
WHEREAS, on October 13, 2007, Governor Arnold Schwarzenegger signed
Senate Bill 2, which amended Government Code Section 65583 pertaining to local
regulations for emergency shelters; and
WHEREAS, on September 26, 2019, Governor Gavin Newsom signed Assembly
Bill 139 which further amended Government Code Section 65583 pertaining to local
regulations for emergency shelters; and
WHEREAS, local ordinances shall be compliant with state provisions pertaining to
emergency shelters as a part of the City's 6th Cycle Housing Element Update (2021-
2029) efforts for a certified Housing Element from the Department of Housing and
Community Development; and
WHEREAS, the City of Rosemead's current Municipal Code conflicts with the
regulations specified in Government Code Section 65583; and
WHEREAS, amendments to Title 17 (Zoning), specifically RMC Section 17.30.120
is necessary to update objective standards for the establishment of emergency shelters
in conformance with Government Code Sections 65583; and
WHEREAS, Section 17.152.060.6 of the Rosemead Municipal Code provides the
criteria for a Zoning Code Amendment; and
WHEREAS, Sections 65854 and 65855 of the California Government Code and
Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning
Commission to review and make recommendations to the City Council regarding
amendments to the City's Zoning Code; and
WHEREAS, on December 9, 2021, eight -hundred and fifty-one (851) notices were
sent to property owners within a 300 -feet radius from the subject properties, published in
the Rosemead Reader, and posted in six public locations, specifying the availability of the
proposal, and the date, time, and location of the public hearing for MCA 21-03; and
Planning Commission Meeting
December 20, 2021 .
Page 7 of 9
WHEREAS, on December 20, 2021, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to MCA 21-
03; 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. MCA 21-03 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.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Municipal Code Amendment 21-03, in accordance with
Section 17.152.060 of the Rosemead Municipal Code as follows:
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan;
FINDING: The proposed amendment is consistent with the General Plan as the
purpose of the proposed ordinance is to comply with the amended provisions of
Government Code section 65583 and would update objective standards in Section
17.30.120 pertaining to capacity, location, parking, and client restrictions for emergency
shelters. In addition, as part of the City's 6th Cycle Housing Element Update (2021-2029),
the State Department of Housing and Community Development requires local ordinances
be compliant with State provisions pertaining to emergency shelters. The proposed
amendment would not affect any applicable specific plan within the City.
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 emergency shelters are currently
permitted in the Zoning Code. The State legislature has identified that homelessness in
California is a continuing crisis that demands the effective involvement of both the public
and private sectors. California has the highest population of people experiencing
homelessness in the nation. In order for the State to address its homelessness crisis,
there is a need for heightened and coordinated planning and action toward the provision
Planning Commission Meeting
December 20, 2021
Page 8 of 9
of emergency shelters and transitional housing strategies. The adoption of SB 2 and AB
139 into State Housing law limits the City's ability to regulate emergency shelters by
reducing regulatory barriers and streamlining the approval process for emergency
shelters. To comply with State law, the proposed revisions would bring Section 17.30.120
of the Rosemead Municipal Code into full compliance with State law.
C. The proposed amendment is internally consistent with other applicable
provisions of [the] Zoning Code.
FINDING: MCA 21-03 is intended to bring Rosemead Municipal Code Section
17.30.120 of Title 17 (Zoning) up to compliance with State legislation regarding objective
standards pertaining to capacity, location, parking, and client restrictions for emergency
shelters in accordance with the provisions of Government Code Sections 65583 and does
not affect other applicable provisions of the Zoning Code.
SECTION 3. The Planning Commission HEREBY RECOMMENDS City Council
adoption of Ordinance No. 1002 for the approval of MCA 21-03, an amendment to
Rosemead Municipal Code Section 17.30.120 of Title 17 (Zoning) to comply with the
State provisions for emergency shelters.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on December 20, 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 20th day of December, 2021,
James Berry, Chair
Planning Commission Meeting
December 20, 2021
Page 9 of 9
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 20th day of
December, 2021, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Gloria Molleda, Secretary
APPROVED AS TO FORM:
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
EXHIBIT "B"
DRAFT ORDINANCE NO. 1002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
FOR THE APPROVAL OF MCA 21-03, AMENDING ROSEMEAD
MUNICIPAL CODE SECTION 17.30.120 OF TITLE 17 (ZONING) TO
COMPLY WITH OBJECTIVE STANDARDS FOR EMERGENCY
SHELTERS.
WHEREAS, on October 13, 2007, Governor Arnold Schwarzenegger signed Senate Bill
2, which amended Government Code Section 65583 pertaining to local regulations for emergency
shelters; and
WHEREAS, on September 26, 2019, Governor Gavin Newsom signed Assembly Bill 139
which further amended Government Code Section 65583 pertaining to local regulations for
emergency shelters; and
WHEREAS, local ordinances shall be compliant with state provisions pertaining to
emergency shelters as a part of the City's 6th Cycle Housing Element Update (2021-2029) efforts
for a certified Housing Element from the Department of Housing and Community Development;
and
WHEREAS, the City of Rosemead's current Municipal Code conflicts with the
regulations specified in Government Code Section 65583; and
WHEREAS, amendments to Title 17 (Zoning), specifically RMC Section 17.30.120 are
necessary to update objective standards for the establishment of emergency shelters in.
conformance with Government Code Sections 65583; and
WHEREAS, Section 17.152.060.B of the Rosemead Municipal Code provides the criterial
for a Zoning Code Amendment; and
WHEREAS, Section 17.152.050 of the Rosemead Municipal Code authorizes the City
Council to approve amendments to the City's Zoning Code;
WHEREAS, on December 20, 2021, the Planning Commission held a duly noticed public
hearing and recommended approval of Ordinance No. 1002 to the City Council;
WHEREAS, on December 30, 2021, eight -hundred and fifty-one (851) notices were sent
to property owners within a 300 -feet radius from the subject properties, published in the Rosemead
Reader, and posted in six public locations, specifying the availability of the proposal, and the date,
time, and location of the public hearing for MCA 21-03; and
WHEREAS, on January 11, 2021, the City Council held a duly noticed and advertised
public hearing to receive oral and written testimony relative to Municipal Code Amendment 21-
03; and
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following determination.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Ordinance No. 1002, 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 General Plan as the purpose
of the proposed ordinance is to comply with the amended provisions of Government Code section
65583 and would update objective standards in Section 17.30.120 pertaining to capacity, location,
parking, and client restrictions for emergency shelters. In addition, as part of the City's 6th Cycle
Housing Element Update (2021-2029), the State Department of Housing and Community
Development requires local ordinances be compliant with State provisions pertaining to
emergency shelters. The proposed amendment would not affect any applicable specific plan within
the City.
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 emergency shelters are currently permitted in the
Zoning Code. The State legislature has identified that homelessness in California is a continuing
crisis that demands the effective involvement of both the public and private sectors. California has
the highest population of people experiencing homelessness in the nation. In order for the State to
address its homelessness crisis, there is a need for heightened and coordinated planning and action
toward the provision of emergency shelters and transitional housing strategies. The adoption of
SB 2 and AB 139 into State Housing law limits the City's ability to regulate emergency shelters
by reducing regulatory barriers and streamlining the approval process for emergency shelters. To
comply with State law, the proposed revisions would bring Section 17.30.120 of the Rosemead
Municipal Code into full compliance with State law.
C. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
FINDING: MCA 21-03 is intended to bring Rosemead Municipal Code Section 17.30.120
of Title 17 (Zoning) up to compliance with State legislation regarding objective standards
2
pertaining to capacity, location, parking, and client restrictions for emergency shelters in
accordance with the provisions of Government Code Sections 65583 and does not affect other
applicable provisions of the Zoning Code.
SECTION 2. Code Amendment, RMC § 17.30.120 Emergency shelters and temporary
aid centers is hereby amended, as follows:
A. Applicability. The requirements of this section apply to all emergency shelters and temporary
aid shelters 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). Upon providing documentation sufficient to allow the Community Development
Director to determine that the following operational standards will be met, an emergency
shelter or temporary aid center may begin operation.
B. Emergency Shelters.
1. Location.
ter—An emergency shelter may be on any parcel in M-1(Light Manufacturing and Industrial)
bight., e*eept that He emer-geney shelfer development will be permitted on an), lot that
abuts the R 1 (Single Family Residential) zeffe.
Th I, lter shell be I„eete d within ..re.... mile of b t.....
tl—']'YYL�rrvrccrJrcarr'v�cvcacca-=dv�[crrnr-m=rc-c�uarc " scv�
2. Capacity. Emergency shelters may provide a maximum of 10&&vei} beds per
establishment.
3. Maximum Length of Stay. The maximum length of stay of any person shall be six
months.
4. Intake/Waiting Areas. On-site intake areas shall be enclosed or screened from the public
right-of-way and adjacent properties. Queuing within the public right-of-way or any
parking area is not permitted.
5. Lighting. Lighting shall be stationary, directed away from adjacent properties and public
rights-of-way, and of an intensity that is consistent with existing lighting in the
neighborhood.
6. Noise. For the purposes of noise abatement, organized outdoor activities and intake of
residents in non -enclosed areas may only be conducted between the hours of seven a.m.
and ten p.m.
7. On -Site Management. The shelter shall have full-time on-site management. Emergency
shelter providers must submit a written management plan prior to beginning operation,
including provisions for staff training, and counseling, treatment, and training programs
for residents. The management plan shall be subject to approval by the Community
Development Director.
8. Parking. Emergency shelters''--+ dA_ A^+ AH, VVOpt..,en, in ,.lien+& -must provide one parking
space per staff member to .weer the needs of the
accommodate the staff working in the emergency shelter .
Sheba s that mept .elk i elie.,+ must _pr -e ,_:.le twe ..
suffleient b . Nonoperational
3
and unregistered vehicles shall not be kept on site. Towing shall be the responsibility of
the shelter operator.
94-0. Security. Emergency shelter providers must submit a written security plan prior to
beginning operation that includes the hours of operation, intake/discharge procedures,
screening of clients prior to admission to the shelter, and provisions for on-site security
guards, if any. A site plan shall also be provided which clearly indicates parking areas,
lighting, and the location of on-site walk-in and client intake areas. The security plan
shall be subject to approval by the Chief of Police.
1044. Separation from Other Shelters. No emergency shelter shall be located within a
radius of three hundred (300) feet from the nearest shelter, as measured from property
line to property line. This requirement does not apply to Temporary Aid Centers.
114-2. Storage. For emergency shelters that accept walk-in clients, an enclosed area must
be provided for residents to store their belongings, such as bicycles, shopping carts, and
other possessions.
C. Temporary Aid Centers.
1. Intake/Waiting Areas. On-site intake areas shall be enclosed or screened from the public
right-of-way and adjacent properties. Queuing within the public right-of-way or any
parking area is not permitted.
2. Lighting. Lighting shall be stationary, directed away from adjacent properties and public
rights-of-way, and of an intensity that is consistent with existing lighting in the
neighborhood.
3. Noise. For the purposes of noise abatement, organized outdoor activities and intake of
residents in non -enclosed areas may only be conducted between the hours of seven a.m.
and ten p.m.
4. On -Site Management. Temporary aid centers must submit a written management plan
prior to beginning operation, including provisions for staff training and counseling,
training, treatment and programs for clients. The management plan shall be subject to
approval by the Community Development Director.
5. Security. Temporary aid centers must submit a written security plan prior to beginning
operation including, as applicable, the hours of operation, intake/discharge procedures,
screening of clients prior to admission to the temporary aid center, and provisions for
on-site security guards, if any. A site plan shall also be provided which clearly indicates
parking areas, lighting, and the location of on-site walk-in and client intake areas. The
security plan shall be subject to approval by the Chief of Police.
6. [No Overnight Stays Provided.] Temporary aid centers will not provide facilities for
overnight stays.
SECTION 7. Environmental Review. MCA 21-03 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
4
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.
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.
PASSED, APPROVED, AND ADOPTED this s' day of , 2022.
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. 1002 was first
introduced at the regular meeting of , 2022 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 th
day of 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
0
Ericka Hernandez, City Clerk
Attachment C
Draft Minutes of Planning Commission Meeting
Dated December 20, 2021
MAYOR:
POLLY LOW
MAYOR PRO TEM:
SEAN DANG
COUNCIL MEMBERS:
SANDRA ARMENTA
MARGARET CLARK
JOHN TANG
C 0
ity of Wpsmead
8838 E. VALLEY BOULEVARD
ROSEMEAD, CALIFORNIA 91770
TELEPHONE (626) 569-2100
FAX (626) 307-9218
SUMMARY EXCERPT
CITY OF ROSEMEAD
REGULAR PLANNING COMMISSION DRAFT MEETING MINUTES
December 20, 2021
The following is a draft summary excerpt from the Planning Commission Meeting held on
December 20, 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 Leung, Commissioners Lopez, and Ung
Absent: None
Staff Present: City Manager Molleda, City Attorney Thuyen, Planning & Economic Development
Manager Valenzuela, Associate Planner Lao, and Commission Liaison Huang
3. PUBLIC HEARINGS
A. MUNICIPAL CODE AMENDMENT (MCA) 21-03 — Municipal Code Amendment 21-03
(MCA 21-03) is a City initiated amendment to Title 17 ("Zoning") of the Rosemead
Municipal Code by bringing Section 17.30.120 up to compliance with State legislation
regarding objective standards for emergency shelters in the City. The proposed amendment
would update objective standards pertaining to capacity, location, parking, and client
restrictions for emergency shelters in accordance with the provisions of Government Code
Section 65583. MCA 21-03 is required as part of the City's 6th Cycle Housing Element
Update (2021-2029) efforts.
PC RESOLUTION 21-19 - 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. 1002 FOR
THE APPROVAL OF MUNICIPAL CODE AMENDMENT 21-03 (MCA 21-03),
AMENDING ROSEMEAD MUNICIPAL CODE SECTION 17.30.120 OF TITLE 17
(ZONING) TO COMPLY WITH, OBJECTIVE STANDARDS FOR EMERGENCY
SHELTERS.
STAFF RECOMMENDATION - It is recommended that the Planning Commission:
1. Conduct a public hearing and receive public testimony; and
2. Adopt Planning Commission Resolution 21-19, with findings, a resolution
recommending that the City Council adopt Ordinance No. 1002 for the approval of MCA
21-03.
Associate Planner Lao presented the staff report.
Chair Berry opened the Public Hearing.
Commissioner Ung noted that she was aware of the six-month period where people can stay at
shelters and inquired about what occurs after the six-month period. She also inquired what the
City would do and questioned if there are any limitations to the duration of the stay.
Associate Planner Lao responded that the shelters are operated by private entities and are
regulated by the State. She added they would decide how to help the individual after the six-
month period.
Seeing no additional questions, Chair Berry open the public testimony portion of the public
hearing. He asked the audience if there was anyone who would like to speak on this matter.
Seeing none, Chair Berry inquired if we received any written comments and if there are anyone
online who would like to speak.
Commissioner Liaison Huang responded that no written comment was received for this item, and
there were no callers on the line who wished to speak.
There being no public comment, Chair Berry closed the public comment period.
Commissioner Lopez questioned who would pick the homes/housing for this project.
Associate Planner Lao answered it would be the property owners of the M-1 properties. If a
property owner wishes to construct an emergency shelter, they would put efforts in with a
nonprofit or someone who specializes in these types of developments.
Commissioner Lopez questioned if this would be private organizations putting in these shelters
together.
City Attorney Thuyen stated that is correct and expressed that we are amending the code to
address zoning standards where it could be and does not mean anyone can open an emergency
shelter. He expressed that these are the City's rules in terms of location and regulations.
Commissioner Lopez inquired how one goes about and asked if an applicant would go to the
City and request for permits to establish a shelter. He questioned if this amendment is to allow
such use.
Associate Planner Lao clarified that the City already allows it and expressed that the City is
updating the regulations.
2
Seeing no additional questions from the Commission, Chair Berry requested for motion and a
second.
City Attorney Thuyen clarified that the move to approve is to approve the recommendation.
ACTION: Commissioner Lopez made a motion, seconded by Chair Berry, to Adopt Planning
Commission Resolution No. 21-19 with findings, a resolution recommending that the City
Council adopt Ordinance No. 1002 for the approval of MCA 21-03.
Vote resulted in:
Ayes: Berry, Leung, Lopez, and Ung
Noes: None
Abstain: None
Absent: None
Roll call vote resulted in 4 Ayes and 0 Noes.
B. GENERAL PLAN AMENDMENT (GPA) 20-01 — State housing law requires local
governments to adequately facilitate the improvement and development of housing to meet
the existing and projected housing needs of all economic segments of the community. As the
official housing policy document of the City of Rosemead (City) — one of the mandatory
elements of the General Plan — the City of Rosemead 2021-2029 Housing Element (Housing
Element) analyzes existing housing conditions, describes existing and future housing needs,
and identifies opportunities for improving and expanding the City's housing supply.
In addition to the Housing Element update, the City is required by State law to prepare a
focused update to its Public Safety Element. Recent State legislation also requires that the
City address the addition of Environmental Justice (EJ) policies when two or more elements
of the General Plan are updated. New EJ policies have been incorporated within the Public
Safety Element update.
PC RESOLUTION 21-20 - A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT
20-01, ADOPT THE CITY OF ROSEMEAD 2021-2029 HOUSING ELEMENT, PUBLIC
SAFETY ELEMENT UPDATE WITH ENVIRONMENTAL JUSTICE POLICIES, AND
ADDENDUM TO THE ROSEMEAD GENERAL PLAN UPDATE FINAL
ENVIRONMENTAL IMPACT REPORT AND RECOMMEND THAT THE CITY
COUNCIL SUBMIT THE 2021-2029 HOUSING ELEMENT TO THE STATE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR STATE
CERTIFICATION.
STAFF RECOMMENDATION - It is recommended that the Planning Commission:
1. Conduct a public hearing and receive public testimony; and
2. Adopt Planning Commission Resolution 21-20, a resolution recommending the City
Council adopt Resolution 2021-66 for the approval of General Plan Amendment 20-01.
Planning & Economic Development Manager Valenzuela introduced the item and turned the
presentation to Diane Bathgate, Principal at RRM Design Group to discuss the project efforts.
Ms. Bathgate provided a presentation titled "Rosemead — 2021-2029 Housing Element & Public
Safety Element Update".
Chair Berry opened the Public Hearing.
Commissioner Ung questioned if there were any additional information on increasing some of
the City's amenities due to the increase in housing such as additional parks or additional code
requirements for mixed-use developments, such as landscaping.
Ms. Bathgate expressed that it is scalable of the current park fees and requirements would apply
to residential development as it is submitted. She added, some of the mixed-use overlays have
incentives for providing amenities for development as it comes in, such as gaining additional
development intensity, or provision of additional amenities. She also added, this is the kind of
scalable with development business specific recommendation for industrial parks. She then said
there are some recommendations in the Affirmatively Furthering Fair Housing and the
Environmental Justice sections about looking at policy documents that are developed and making
sure that there's a provable distribution of parks and amenities. She also said Senate Bill 35
Objective Design Standards Program includes the requirement for public amenities, so some of
the zoning municipal code updates that are in the programs should include the requirement for
even more amenities and those will come before the Planning Commission for review and
approval before it gets codified.
Chair Berry and Vice -Chair Leung thanked staff and the consultant for their hard work.
Seeing no additional questions, Chair Berry open the public testimony portion of the public
hearing. He asked the audience if there was anyone who would like to speak on this matter.
City Attorney Thuyen reminded the public that public comments period is for those who would
like to offer their thoughts, and the Commission may ask staff to answer the question.
Public Comment:
Mike Kenny, resident and a teacher in Rosemead, addressed his interest in affordable housing
and inquired if the Housing Element would define what affordable housing is. He added that
there is a hemorrhaging number of families which reflex in the declining enrollments in our
schools and has a major effect in our program. He questioned how the Housing Element defines
affordable housing and if developers are incentivized to develop more affordable housing and
added that whatever incentives are in place, it does not seem to be bringing in affordable
housing. He also added, all the new developments even along the freeway corridor seems high
priced. He questioned what is being done to make it possible for young families to still exist
here.
rd
Seeing no additional public comment from the audience, Chair Berry inquired if we received any
written comments and if there are anyone online who would like to speak.
Commissioner Liaison Huang responded that no written comment was received for this item, and
there were no callers on the line who wish to speak.
Chair Berry closed the public comment period.
City Attorney Thuyen questioned if the Planning Commission would like staff to address Mr.
Kenny's concerns.
Ms. Bathgate addressed Mr. Kenny's concern and explained that there are categories for very
low, low, moderate, and above moderate-income levels. She added that the majority of Housing
Element is to provide a range of housing options, particularly, needs that are difficult.
Veronica Tam, Principal of Veronica Tam and Associates, Inc. provided more details to address
the definition of affordable housing. She said based on State and federal standards, a household
should not be spending more than 30% of the gross household income on housing, so affordable
housing generally stays within that threshold. Ms. Tam added that in order to develop that type
of housing would require public subsidies; the lower the income level, the deeper the subsidies
required. She added that most jurisdictions do not have a lot of access to resources especially
with the elimination of redevelopment in California, so developing affordable housing is
difficult. She said one tool that the City does have is density bonus which is one of the incentive
to encourage or entice private developers to provide affordable housing.
Planning & Economic Development Manager Valenzuela added that some of the mixed-use
projects on Garvey Avenue are incorporating some low-income housing such as apartments or
condos.
Chair Berry inquired if there is a particular percentage we are trying to go for to help low-income
residents.
Ms. Bathgate stated that overall, 25% of the Regional Housing Needs Assessment (RHNA)
requirement is targeting very low-income families and noted that a good percentage of
households are at the tier where it's most needed.
Chair Berry questioned the pdreentage of our residents that falls within that threshold and asked
if we able to meet their needs.
Ms. Bathgate explained that the State looks at local and regional needs to target each income
category. She added, it looks at the immediate needs of Rosemead and how it corresponds to
other San Gabriel Valley cities, other cities in the SCAG region, and the larger needs of the
region in California.
Commissioner Ung inquired if there are City resources that helps direct families to these
locations with affordable housing.
Associate Planner stated that the City partners with LACDA's Housing Assistance Division
Program, which provides Section 8 Rental Assistance vouchers, so residents would be directed
there.
Seeing no additional questions from the Commission, Chair Berry requested for motion and a
second.
City Attorney Thuyen clarified to the Commissioner and the public, that the motion is to adopt
Planning Commission Resolution 21-20, which recommends approval of General Plan
Amendment 20-01,
ACTION: Commissioner Ung made a motion, seconded by Commissioner Lopez, to Adopt
Planning Commission Resolution 21-20, a resolution recommending the City Council adopt
Resolution 2021-66 for the approval of General Plan Amendment 20-01.
Vote resulted in:
Ayes: Berry, Leung, Lopez, and Ung
Noes: None
Abstain: None
Absent: None
Roll call vote resulted in 4 Ayes and 0 Noes.
End of minute excerpt
I, Gloria Molleda, City Manager, 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 21-03 and General Plan
Amendment 20-01 presented before the Rosemead Planning Commission on December 20,
2021.
loris Molleda,
City Manager
6
Attachment D
Planning Commission Meeting
Resolution No. 20-19
PC RESOLUTION 21-19
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.
1002 FOR THE APPROVAL OF MUNICIPAL CODE AMENDMENT 21-03
(MCA 21-03), AMENDING ROSEMEAD MUNICIPAL CODE SECTION
17.30.120 OF TITLE 17 (ZONING) TO COMPLY WITH OBJECTIVE
STANDARDS FOR EMERGENCY SHELTERS.
WHEREAS, on October 13, 2007, Governor Arnold Schwarzenegger signed
Senate Bill 2, which amended Government Code Section 65583 pertaining to local
regulations for emergency shelters; and
WHEREAS, on September 26, 2019, Governor Gavin Newsom signed Assembly
Bill 139 which further amended Government Code Section 65583 pertaining to local
regulations for emergency shelters; and
WHEREAS, local ordinances shall be compliant with state provisions pertaining to
emergency shelters as a part of the City's 6th Cycle Housing Element Update (2021-
2029) efforts for a certified Housing Element from the Department of Housing and
Community Development; and
WHEREAS, the City of Rosemead's current Municipal Code conflicts with the
regulations specified in Government Code Section 65583; and
WHEREAS, amendments to Title 17 (Zoning), specifically RMC Section 17.30.120
is necessary to update objective standards for the establishment of emergency shelters
in conformance with Government Code Sections 65583; and
WHEREAS, Section 17.152.060.B of the Rosemead Municipal Code provides the
criteria for a Zoning Code Amendment; and
WHEREAS, Sections 65854 and 65855 of the California Government Code and
Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning
Commission to review and make recommendations to the City Council regarding
amendments to the City's Zoning Code; and
WHEREAS, on December 9, 2021, eight -hundred and fifty-one (851) notices were
sent to property owners within a 300 -feet radius from the subject properties, published in
the Rosemead Reader, and posted in six public locations, specifying the availability of the
proposal, and the date, time, and location of the public hearing for MCA 21-03; and
WHEREAS, on December 20, 2021, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to MCA 21-
03; 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. • MCA 21-03 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.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Municipal Code Amendment 21-03, in accordance with
Section 17.152.060 of the Rosemead Municipal Code as follows:
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan;
FINDING: The proposed amendment is consistent with the General Plan as the
purpose of the proposed ordinance is to comply with the amended provisions of
Government Code section 65583 and would update objective standards in Section
17.30.120 pertaining to capacity, location, parking, and client restrictions for emergency
shelters. In addition, as part of the City's 6th Cycle Housing Element Update (2021-2029),
the State Department of Housing and Community Development requires local ordinances
be compliant with State provisions pertaining to emergency shelters. The proposed
amendment would not affect any applicable specific plan within the City.
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 emergency shelters are, currently
permitted in the Zoning Code, The State legislature has identified that homelessness in
California is a continuing crisis that demands the effective involvement of both the public
and private sectors. California has the highest population of people experiencing
homelessness in the nation. In order for the State to address its homelessness crisis,
there is a need for heightened and coordinated planning and action toward the provision
of emergency shelters and transitional housing strategies. The adoption of SB 2 and AB
139 into State Housing law limits the City's ability to regulate emergency shelters by
reducing regulatory barriers and streamlining the approval process for emergency
shelters. To comply with State law, the proposed revisions would bring Section 17.30.120
of the Rosemead Municipal Code into full compliance with State law.
C. The proposed amendment is internally consistent with other applicable
provisions of [the] Zoning Code.
FINDING: MCA 21-03 is intended to bring Rosemead Municipal Code Section
17.30.120 of Title 17 (Zoning) up to compliance with State legislation regarding objective
standards pertaining to capacity, location, parking, and client restrictions for emergency
shelters in accordance with the provisions of Government Code Sections 65583 and does
not affect other applicable provisions of the Zoning Code.
SECTION 3. The Planning Commission HEREBY RECOMMENDS City Council
adoption of Ordinance No. 1002 for the approval of MCA 21-03, an amendment to
Rosemead Municipal Code Section 17.30.120 of Title 17 (Zoning) to comply with the
State provisions for emergency shelters.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on December 20, 2021, by the following vote:
AYES:
BERRY, LEUNG, LOPEZ, AND UNG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
SECTION 6. 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 20th day of December, 2021.
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 20th day of
December, 2021, by the following vote:
AYES:
BERRY, LEUNG, LOPEZ, AND UNG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
%%"I.; , " I - -c � M
Gloria olle a, Secretary
APPROVED AS TO FORM:
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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Attachment C
City Council Meeting Minutes Excerpt
January 11, 2022
MAYOR:
POLLY Low
MAYOR PRO TEM:
SEAN DANG
COUNCIL MEMBERS:
SANDRA ARMENTA
MARGARET CLARK
JOHN TANG
C iq of ftsemwd
8838 E. VALLEY BOULEVARD P.O BOX 399
ROSEMEAD, CALIFORNIA 91770
TELEPHONE (626) 569-2100
FAX (626) 307-9218
SUMMARY EXCERPT
CITY OF ROSEMEAD CITY COUNCIL
DRAFT REGULAR MEETING MINUTES
JANUARY 11, 2022
The following is a draft summary excerpt from the Regular Meeting of the Rosemead City Council
held on January 11, 2022 at 7:00 p.m., in the Rosemead City Hall Council Chamber located at
8838 East Valley Boulevard, Rosemead, California.
Present: Mayor Low, Mayor Pro Tem Dang, Council Members Armenta, Clark, and Tang
Absent: None
Staff Present: City Manager Molleda, City Attorney Richman, and City Clerk Hernandez
1. PUBLIC HEARING
A. Public Hearing on Emergency Shelters - Municipal Code Amendment 21-03
Municipal Code Amendment 21-03 (MCA 21-03) is a City initiated amendment to
Title 17 ("Zoning") of the Rosemead Municipal Code intended to bring Section
17.30.120 up to compliance with State legislation regarding objective standards for
emergency shelters in the City. The proposed amendment would update objective
standards pertaining to capacity, location, parking, and client restrictions for
emergency shelters in accordance with the provisions of Government Code Section
65583. MCA 21-03 is required as part of the City's 6th Cycle Housing Element
Update (2021-2029) efforts.
Recommendation: That the City Council take the following action:
1. Conduct a public hearing and receive public testimony; and
2. Introduce the first reading, by title only, Ordinance No. 1002, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FOR THE
APPROVAL OF MCA 21-03, AMENDING ROSEMEAD MUNICIPAL CODE
SECTION 17.30.120 OF TITLE 17 (ZONING) TO COMPLY WITH OBJECTIVE
STANDARDS FOR EMERGENCY SHELTERS
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Associate Planner Lao reported that Municipal Code Amendment 21-03 is a City initiated code
amendment to the City's Zoning Code Title 17, section 17.30.120. Amendments include updates
to bring the Zoning Code into compliance with objective standards for emergency shelters. The
proposed amendment would update the standards pertaining to capacity location, parking, and
client restrictions for emergency shelters in accordance with the provisions of government code
section 65583. Municipal Code Amendment 21-03 is required as part of the City's six cycle
Housing Element update.
Council Member Clark questioned the bill that mandated the changes in our ordinance and
inquired if there is language where its states "except that no emergency shelter development will
be permitted on any lot that abuts the R-1 zones, single family zones".
Associate Planner Lao clarified that the only objective that the city is allowed to impose is the
300 -foot buffer in the light manufacturing zone. She added, the city cannot impose standards such
as requiring emergency shelters to not located near residential homes or bus stops.
Council Member Clark questioned why we would delete that language and preferred to keep it.
By deleting that requirement where it cannot be abutting a residential, that could be a very serious
safety issue with residents, having people who may be drug addicted and abutting to their property.
Her other concern is that this could hurt low-income areas where they may not be able to afford
to move away from commercial zones and help wealthier people to live far away from the
industrial areas. She added, she has no problem with the other changes, but would like to put back
the deletion.
Mayor Pro Tem Dang explained that the requirement being deleted was shown on page 3 of 9 of
the staff report that further clarified the state changed its language in the state's new language,
which states that a city cannot prohibit these emergency shelters, and we cannot prohibit the
location even in the R-1 zone or near the bus stops.
Council Member Clark stated that she would like to see that specific language in the bill. She
reiterated that Ms. Lao stated the only language in the bill was about the 300 feet. She added, if
it's not in the bill, it would be preferred not to have it in the ordinance.
Associate Planner Loa replied that with the adoption of Senate Bill (SB) 2 and Assembly Bill
(AB) 139, which is the housing law, it limits the City's ability to regulate emergency shelters
because it reduces the regulatory barriers and streamlines the process. She deferred the question
to the Housing Element Consultant to explain further.
Veronica Tam, RRM Consultant stated prohibition of having more distance requirements than
what the state law stipulates came much earlier in 2007. When the state passed SB 2, that's been
effective since 2008, it specifically says that you can only have one distance requirements, and
that is the distance requirements between two emergency shelters, and nothing else. The state has
not been very diligent in monitoring jurisdictions as to how the ordinance reads until recently.
They are looking at the Housing Element again, and they are asking jurisdictions to remove
distance requirements that are not allowed under state law. Further on AB139, she stated that
when a new bill is passed that talks about parking standards, they reiterated that the only
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requirement is the 300 -foot distance which states maximum 300 -foot, not minimum 300 -foot
distance from another shelter. She added that the only requirement you can have from a separation
requirement. However, you can select areas where you are not abutting single family residential,
but it cannot be put it in your ordinance that it must be away from single family residential.
Mayor Low questioned if striking out item B(a) and B(b) would violate what the state have said.
Ms. Tam clarified that by not deleting the distance requirements would make the city in violation
of state law.
Council Member Armenta inquired if the city could pinpoint certain areas where we can make it
less than 300 -feet.
Ms. Tam stated that you do not have to select an entire industrial area to allow emergency shelters,
however, you can select an overlay on the emergency shelter, industrial area so that the overlay
already does the buffering for you.
Council Member Armenta expressed that even if we don't specifically put that language in the
ordinance, the city still has the ability to do overlays within certain areas of the city to ensure a
300 -foot buffer. Red Cross has come in many times when we have these emergency shelters and
when there are new bills introduced into legislature, the funding would often fall back on the
cities. She would like to ensure that we are also protected in the sense that if you have an
emergency shelter, the Red Cross will still be able to come in. She questioned if the city can utilize
Red Cross to set up an emergency shelter or will the funding fall back onto the city.
City Manager Molleda noted that this ordinance does not allow us to partner up with organizations
on a case -to -case basis.
City Attorney Richman explained that this ordinance is only dealing with the zoning aspect and if
the city wants to partner with somebody for funding or help get the shelter up and running, they
can do so. This is not going to limit the city from assisting any operator that would want to come
in and open a shelter.
Council Member Armenta expressed that all these unfunded mandates come through the pipeline,
and she would like to ensure that we still have that opportunity to partner up with other agencies.
She understands that this is a zoning issue, but it specifies whether or not the funding falls strictly
on the city.
Council Member Clark clarified that although we can't put that in the ordinance and must strike
out what we had, staff understands that we prefer to have the area not abutting R-1 zones.
Mayor Low believes that's what was said, the city will have the ability to identify the area, but we
cannot put in the ordinance.
Mayor Pro -Tem Dang asked Associate Planner Lao to read the definition of emergency shelter
and the temporary aid center found in our Rosemead zoning.
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Associate Planner Lao read the definition, "Emergency shelters shall mean any establishment
operated by an emergency shelter provider that provides homeless people with immediate short-
term housing for no more than six months in a 12 -month period, where no person is denied
occupancy because of inability to pay. Emergency shelters may also provide shelter residents with
additional supportive services such as food, counseling, laundry, and access to other social
programs. Emergency shelters may have individual rooms and common areas for residents of the
facility, but may not be developed with individual dwelling units, with the exception of a
manager's unit." She then reads the definition for emergency shelter provider, "a government
agency or a nonprofit organization that provides emergency or temporary shelter and which may
also provide meals, counseling, and access to other social programs. This definition does not
include such emergency shelters as may be provided for relief following a natural disaster or
during a state of emergency or those provided at a place of religious assembly for less than five
days on any 30 -day period."
Mayor Pro Tem Dang explains his reasons why he asked Associate Planner Lao to read the
definition. First, it's a government and non-profit group that runs these shelters and it cannot be a
for profit agency. The owners of these industrial area would not be able to do an emergency
shelter. Secondly, Associate Planner Lao stated that this emergency shelter is not meant for
something like a disaster. For example, if an apartment catches on fire, displaced families have
the Red Cross, but Red Cross does not go into these type of emergency shelters. It would be a
different type of locations where they seek help, and it wouldn't be from these facilities. Mr. Dang
referred to Council Member Clark comment and stated that there's very few single-family houses
in light industrial area, however, he does agree with her concern and believes staff can create an
overlay map where you can have these shelters, and tailor these properties. He added, he would
like to see a copy of that overlay as part of this ordinance, or see where these boundaries are with
respect to, not only single-family houses, but also apartment buildings in the industrial areas
during the next discussion to ensure those apartment complexes are also protected.
Mayor Pro Tem Dang addressed additional questions from the ordinance. He first referred to page
3, item B3 which states "the maximum length of stay of any person shall be six months". Instead,
it should be maximum length of stay for the facility be six months. He added, the problem with
this language is that if its base by person, we would have different people coming in at different
times, and this establishment would run perpetually because each person will have a different six-
month term. He reiterates that a better language is to tailor it where it's the facility has a six-month
operational need, as opposed to tagging it per person. Secondly, Mr. Dang addressed item B4 and
B6 and stated there's contradicting language. On B4, it reads, "Intake and waiting area on. On site,
intake area shall be enclosed", and for B6, it reads, "for purpose of noise abatement organize
outdoor activities and intake of residents, in non -enclosed area". He asked staff to take a further
look at the language. Mr. Dang referred to item 8 which talks about parking and reads "emergency
shelters must provide one parking space per staff'. He addressed that there are homeless
families/individuals who lives out of their cars and recommended adding guest parking where
patrons can have the option to park there instead of outside. Mr. Dang referred to item 9 and noted
that some of these temporary facilities are big tent structures and would like to ensure patrons are
taken care of which includes sanitary facilities, showers, restrooms and are in ADA compliance.
He asked staff to examine having language that assures that. Mr. Dang further referred to item B9
strikeout in red witch states "Client restrictions - Emergency shelters providers must screen for
and not refuse service to register sex offenders". He understands the state wants to strike out, and
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although they cannot refuse service, some of these families have kids. He asked staff to reach out
and see if screening and putting out a notification of a registered sex offender on the property is
possible. The provider may not be able to refuse service, but perhaps you could make notice of it.
He questioned if it's the Megan's Law that asks for registered sex offenders to be posted or
notified.
City Attorney Richman responded that there have been recent challenges so she would have to
check and see if we are allowed to deny access.
Mayor Pro Tem Dang referred to Item C - Temporary Aid Center and noticed there are six
requirements under this item versus the eleven under Emergency Shelters and believes they should
be both held to the same requirement.
Mayor Low questioned what the difference between the two.
Mayor Pro Tem Dang stated that there are two main differences between the two. A Temporary
Aid Center does not offer overnight stays and it's more like an office where you can grab some
food, provide homeless counseling and there's also someone to help you find a job. The Homeless
Shelter allows you to stay overnight. In terms of the services that's being rendered, he believes
there about the same and it should be held to the same elven item requirements. For example, the
Temporary Aid Center did not talk about required parking, distances between temporary center,
where they operate or any exit strategy. He recommended staff to research and hold both to the
same restrictions with two exceptions which is the hours of operation and overnight stays. Instead
of operating between 7:00 a.m. to 10:00 p.m. like the Emergency Shelter, he recommends 7:00
a.m. to 5:00 p.m. Mr. Dang understands that this is an M-1 zone which is light manufacturing and
would like to ensure that whoever the operator is, the location has enough safeguards to protect
the kids when they choose a location and avoid junkyards or manufacturing of powders. He asked
staff to create some language that states selected locations have been surveyed for noise, fumes,
or anything that may potentially impact these patrons and submit this survey to our Community
Development Director to calibrate and ensure there are no environmental problem that might hurt
these families and kids. He further commented that the term "Emergency Shelters" gives the
illusion that it's going to be temporary, however, it may operate for months, and sometimes even
longer. Mr. Dang would like to make sure we can ask for a soils test to ensure there's no pollution
for the selected location and reiterated that he does not want any of these factors to affect the
patrons and everyone's protected. He added, he does not want this idea of a temporary emergency
shelters to bypass health and potential safeguards that we have in our code.
Mayor Low expressed that there's some work that needs to be done and asked staff to work on it.
Council Member Armenta questioned where it states in packet the definition of the emergency
shelter and the agencies.
Associate Planner Lao responded that the definitions are not listed because it's part of a different
chapter, located in Article 1 of the Municipal Code.
Council Member Armenta suggested it would be helpful to have the definition listed. That way
all the Council Members could be on the same page when discussing about the definition of what
an emergency shelter is.
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Mayor Pro Tem Dang expressed that Council Member Armenta brought up a great point and
requested to embed the definition into the ordinance.
Mayor Low noted that Associate Planner Lao said the definition is in another chapter and asked
for clarification on where the definitions should be noted.
City Manager Molleda stated that this item is going to be continued, so we can go back and figure
out the formatting and adding the definition. If not, we'll make sure to add all definitions on the
next staff report. She questioned if Public Hearing had to open for comments to continue the item.
City Attorney responded that it was appropriate to ask for public comments.
Mayor Low opened the Public Hearing.
Brian Messina Perez addressed his concern regarding the strikeout of "Client Restrictions - Shelter
must screen for and refuse service to registered sex offenders, as part of their client intake
process". He understands that we want to house even sex offenders that are homeless, however,
when he was a kid and his family was homeless, they avoided shelters because his parents were
scared of sex offenders. He inquired if there a way to isolate them, provide extra security or if
there's any way, we could do so to ensure kids and families are safe.
City Attorney Richman noted that this was previously addressed and stated that we may not be
permitted to exclude them from being there but may add some additional protections or a
notification of the person to others. She will look into it and see if that's something that the
screening process will allow.
Mr. Messina -Perez understands that we can't deny sheltered people from lack of pay, however,
he questioned if people can be denied if they are drug addicted, or still using.
City Attorney Richman expressed that she would not like to assume but typically whenever you
have an entity that comes to do these types of projects, they have the approval to talk about the
management and the intake and how that process will work. And they're typically pretty good
about ensuring that at least when people do come under their facility, they are not currently under
any influence, but that's usually done by the intake process versus just through this zoning
ordinance. She added there's not a ton of people/group that provide this important service but the
ones that do, generally have some training and protocols to ensure that they're not allowing people
who are currently under the influence.
Mr. Messina -Perez shared his experience and stated that he's been to homeless encampments,
talked to a few homeless people in Rosemead, and the biggest issue would be that there will always
people that are still using. However, the ones that can be sober during their stay, he asked if there
can be some leniency and house more people. He added, places like Red Cross or other shelter
want them to be 100% sober.
Mayor Low reiterated that this time, we'll take your comments, and staff can look into that.
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City Clerk Hernandez affirmed there were no other public comments. Mayor Low closed the
public hear comments portion.
Council Member Armenta shares the same sentiments to Mayor Pro Tem Dang and Mr. Messina -
Perez. She expressed that she worked with many bills that have certain requirements and would
like to ensure that we're following the law if we have these requirements for the agencies and
patrons.
City Attorney Richman answered yes and stated that the zoning ordinance drafted does indicate
whoever's providing that service must provide an on-site management and a written management
plan that talks about their operation, training counseling, treatment programs and that would be a
part of the application process. It's not going to be in the ordinance what the specifics are, but the
ordinance does require that they do have such a plan. She added, she can't speak to exactly what
that plan is going to be because the agency will provide that, and staff will then review with them.
Council Member Armenta reiterated her concern that about having things not written and wanted
to make sure that our residents are being safe just as Mayor Pro Tem Dang indicated and have
extra caution and security for families with young children.
City Attorney Richman expressed that we could always add additional language where it talks
about training programs, management plans, and additional security measures if there are minors
at the shelter.
Council Member Armenta stated that she would like to see that.
Mayor Low believed staff has received the input needed from Council for additional wording to
be put in as part of the Ordinance and we will continue with this item.
End of minute excerpt
I, Ericka Hernandez, City Clerk for the City of Rosemead, California, do herby certify the
following Draft Minute Excerpt is a summary of the discussion, approval, and action taken
during the "Public Hearing on Emergency Shelters - Municipal Code Amendment 21-03", was
presented before the Rosemead City Council on January 11, 2022.
2��L
Ericka Hernandez, City Clerk
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