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CC - Item 3A - Municipal Amendment 12-01, Amending the Rosemead Municipal Code to add Regulations pertaining to the Licensing and Operation of Home Occupations in the City of RosemeadROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JANUARY 8, 2013 SUBJECT: MUNICIPAL CODE AMENDMENT 12 -01, AMENDING THE ROSEMEAD MUNICIPAL CODE TO ADD REGULATIONS PERTAINING TO THE LICENSING AND OPERATION OF HOME OCCUPATIONS IN THE CITY OF ROSE SUMMARY Municipal Code Amendment 12 -01 consists of City of Rosemead initiated amendments to revise Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Rosemead Municipal Code. The purpose of the amendments is to allow home occupations as an incidental, accessory use in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO (Residential /Commercial Mixed Use Development Overlay) zoning districts. The regulations and procedures set forth in Municipal Code Amendment 12 -01 are intended to ensure that home occupations are compatible with the character of City of Rosemead's residential neighborhoods. The proposed Ordinance No. 925 (Attachment A) addresses licensing /permitting provisions, operating standards, and zoning limitations to ensure that home occupations will not disrupt, become a nuisance, disturb, or modify the character of the residential areas within the City of Rosemead. This item was presented to the Planning Commission for consideration on November 19, 2012. At that hearing the Planning Commission reviewed the proposed home occupation regulations, as well as a letter of public comment that was submitted by a Rosemead resident. In response to public comment and testimony, the Planning Commission added language to Section 5.41.100 of the Ordinance to clarify that testing, maintenance, repair, towing and storage of any boat, aircraft, or motorized vehicle is prohibited as a home occupation. With this revision, the Planning Commission adopted Resolution No. 12 -20, recommending that the City Council ADOPT Ordinance No. 925. The Planning Commission report, meeting minutes, Resolution No. 12 -20, and letter of public comment are attached as Attachments E, F, G, and H respectively. The City Council was presented the Municipal Code Amendment 12 -01 on December 11, 2012. At the meeting, the City Council directed that the item be continued to the January 8, 2013 City Council meeting to allow additional time to review the document. The City Council staff report is included in this report as Attachment I. ITEM NO. City Council Report January 8, 2013 Page 2 of 6 Staff Recommendation It is recommended that the City Council take the following actions: 1. Conduct a public hearing and take public testimony; 2. Introduce for First Reading, by title only, Ordinance No. 925 (Attachment A) to regulate home occupation businesses and to bring back Ordinance No. 925 to the City Council meeting of January 22, 2013, for consideration of adoption. 3. Adopt the Negative Declaration (Attachment B) as the CEQA determination for the project; 4. Adopt Resolution No. 2012 -70 (Attachment C), establishing business license fees for Home Occupation Businesses; and BACKGROUND The existing Rosemead Municipal Code (RMC) does not currently contain provisions for home occupations. A home occupation is typically defined as a business activity that results in a product or service for financial gain and is conducted wholly or in part in the dwelling unit or garage and is clearly an accessory or incidental use and subordinate to the residential use of the dwelling unit. The most common home occupations are office uses for businesses such as accountants, internet sales, certain types of contractors, and other similar operations where the primary means of contact are by phone, mail, and internet. There has been a trend for cities to allow home occupations in residential zoning districts, as they can provide numerous benefits for both home workers and the community. Cities do not generally experience that the residential business activities affect the surrounding neighborhood when they are conducted in accordance with appropriate licensing and operation regulations (see Attachment D) Home occupations have the potential to provide useful services for communities. They encourage business growth by eliminating the need for some small businesses to rent commercial space, a factor which could make a difference if someone is just starting out. Working at home can save commuting and child care costs, and can give those who might not be able to work outside of the home an opportunity to earn a living (i.e. single - parents, elderly, disabled, etc.). Allowing people to work in their homes can cut down on traffic congestion and the need for parking in commercial areas. It also creates activity in residential neighborhoods that might otherwise be deserted during the day, which can be a deterrent to crime and a benefit to children who may be home alone after school. Municipal Code Amendment 12 -01 has been drafted to allow home occupations in residential zoning districts in the City of Rosemead. The code amendment proposes a licensing procedure, as well as operation regulations, to assure that home occupations do not disrupt, become a nuisance, disturb, or modify the residential character of the City's established residential neighborhoods. City Council Report January 8, 2013 Page 3 of 6 ANALYSIS The approval of Municipal Code Amendment 12 -01 would allow home occupations as an incidental, accessory use in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO (Residential /Commercial Mixed Use Development Overlay) zoning districts. The regulations and procedures set forth in Municipal Code Amendment 12 -01 are intended to insure that the residential commercial activities do not degrade the existing visual character or quality of life within the residential areas. Proposed Regulations- Overview Municipal Code Amendment 12 -01 would restrict a home occupation to a business activity that is conducted only within the enclosed area of the dwelling that shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off - street parking requirements for the applicable zoning district are met. The code amendment also establishes an administrative permitting process. The approval of a Home Occupation Business License shall be obtained from the City of Rosemead Community Development Department prior to establishing a home occupation. General requirements have been drafted to restrict outdoor display, storage of materials or equipment, pedestrian and vehicular traffic, property appearance, and nuisances. Lastly, the amendment proposes a business license revocation process if the requirements of the ordinance are not satisfied. If there is any criminal activity associated with the residence, if the application contains incorrect, false or misleading information, or if the home occupation has been operated in violation of any requirements of the license, the license will be subject to the revocation process. Summary of Performance Standards Below is a summary of the proposed home occupation performance standards. 1. A home occupation will be required to remain subordinate to the residential use of the dwelling as a way to limit the activity's impact on the neighborhood. To accomplish this goal, no more than two hundred (200) square feet of the residence shall be employed for the use of the home occupation. Furthermore, any employees associated with the home occupation will be required to be full -time residents of the dwelling. 2. To protect the appearance of existing residential neighborhoods, the ordinance will prohibit outdoor display, sales, or storage of materials or equipment related to the home occupation on the premises. Furthermore, the property will not be allowed to be altered (by the use of color, materials, construction, lighting, signs, sounds noises, vibrations, display of equipment, etc.) so that it may be reasonably recognized as serving a non - residential use. City Council Report January 8, 2013 Paae 4 of 6 3. To ensure that traffic (vehicular and pedestrian) levels in the residential areas are not altered, the code amendment sets limitations on vehicles used in conjunction with the home occupation. Required residential off - street parking shall be maintained. Motor vehicles used or kept on the premises will not be allowed, except residents' passenger vehicles, and one commercially licensed automobile, pick -up truck, or van. Furthermore, the commercial vehicle shall not exceed % ton. 4. Several performance standards have been added to prevent nuisances. A home occupation activity shall not create dust, electrical interference, fumes, gas, odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or solid waste or other hazards or nuisances other than that normally incidental to residential use of the structure. Home occupations shall not create any other negative effect that may be felt, heard, or otherwise sensed on adjoining parcels. 5. To protect the safety of the general welfare of the residents in the surrounding area, the code will prohibit electrical and mechanical equipment that creates visible or audible interference in television or radio receivers or causes fluctuations in line voltage outside of the dwelling unit. Activities conducted and equipment or materials used will not be allowed to change the fire safety or occupancy classifications of the premises. The use shall also not employ the storage of flammable, explosive, or hazardous materials. Home Occupation Business License Requirement The ordinance establishes a licensing requirement for the owners of a home occupation business. No person may establish or operate a home occupation business within the City without first obtaining, and continuing to maintain in full force and effect, a home occupation business license. The license must be renewed on an annual basis, provided that the owner and the business continue to meet all applicable requirements of the proposed ordinance. A one -step application process requires the business owner to submit an application to the Community Development Department that contains general contact information, information on the type and location of the business, as well as property owner approval if the business owner is a renter. Each applicant will also be required to sign a declaration on the application acknowledging their understanding and indicating their intention to comply with the operation requirements. Home Occupation Business License Fees The proposed Home Occupation ordinances includes a home occupation business license process that is not currently included in the City's Business License Fee Resolution (Resolution 2012 -31) adopted on May 8, 2012. It is recommended that the City Council adopt a revised fee resolution (Attachment C) to create new Home Occupation Business License fees. Staff completed a survey of the cities that surround the City of Rosemead in order to determine an appropriate fee. Staff found that the surrounding cities on average charge higher fees than what the City of Rosemead charges for a Professional Business License. For this reason, staff is proposing to place home occupation businesses on a substantially similar basis as it treats other City Council Report January 8, 2013 Page 5 of 6 professional occupation business owners in nonresidential zones. Therefore, a first - time application fee of $100.00 and an annual renewal fee of $50.00 are proposed. MUNICIPAL CODE REQUIREMENTS Chapter 17.116 of the Rosemead Municipal Code sets forth the procedures and requirements for zone changes and amendments. A municipal code amendment may be permitted whenever the public necessity, convenience, general welfare or good zoning practice justifies such action. Municipal Code Amendment 12 -01 is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed municipal code amendment, in that the change to the Rosemead Municipal Code will provide a superior level of planning and protection to the quality and character of the City. Municipal Code Amendment 12 -01 is consistent with the Rosemead General Plan Land Use Goals and Policies. Since a home occupation would be an incidental, accessory use to the primary use of residential property, the approval of home occupation regulations would not alter the purpose or intent of the residential land use categories in the City. The adoption of a unified set of regulatory standards for home occupations is consistent with Land Use Goal 5 to target land use changes that improve housing and economic opportunities for residents and businesses and achieve fiscal and environmental objectives. The public necessity, convenience, and general welfare will be served by the adoption of the home occupation regulations that provide for a ministerial licensing process that requires the residential business activity to comply with standards that restrict use, location, employees, vehicles, traffic, appearance, storage, and nuisances. ENVIRONMENTAL DETERMINATION An Initial Study of Environmental Impacts was prepared recommending the adoption of a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) guidelines (the Initial Study and Negative Declaration are attached to this report as Attachment B). The Initial Study is an environmental analysis of the proposed municipal code amendment to determine if the proposed revisions to the municipal code will have potentially significant effects on the environment. This study found that there are no potentially significant environmental impacts that could occur with the adoption of the proposed code amendment. A Notice of Intent to Adopt a Negative Declaration was distributed for a 20 -day public review and comment period between October 29, 2012 and November 19, 2012. If the Council is inclined to approve this project, the Council must make findings of adequacy with the environmental assessment and adopt the Negative Declaration. City Council Report January 8, 2013 Page 6 of 6 PUBLIC NOTICE PROCESS Pursuant to California Government Code Section 65091, this public hearing notice has been published in at least one newspaper of general circulation within the local agency, as the number of owners of real property within three hundred (300) feet of the project site is greater than one thousand (1,000). Lastly, this notice was also posted in six (6) public locations, specifying the availability of the application, plus the date, time and location of the public hearing. LEGAL REVIEW The attached Ordinance No. 925 and Resolution No. 2012 -70 have been reviewed and approved by the City Attorney. Submitted by: (W� 9 Michelle Ramirez Community Development Director Attachment A: Ordinance No. 925 Attachment B: Negative Declaration Attachment C: City Council Resolution No. 2012 -70 Attachment D: Home Occupation Licensing Survey Attachment E: Planning Commission Staff Report (November 19, 2012) Attachment F: Minutes from November 19, 2012 Planning Commission Public Hearing Attachment G: Planning Commission Resolution No. 12 -20 Attachment H: Letter of Public Comment Attachment I: City Council Staff Report, December 11, 2012 ATTACHMENT A ORDINANCE NO. 925 AN ORDINANCE OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT 12 -01, ADDING NEW CHAPTER 5.41 TO THE ROSEMEAD MUNICIPAL CODE PERTAINING TO THE LICENSING AND REGULATION OF HOME OCCUPATIONS; AND AMENDING CHAPTERS 17.16, 17.20, 17.24, AND 17.74 OF THE ROSEMEAD MUNICIPAL CODE PERTAINING TO THE ZONING REQUIREMENTS FOR HOME OCCUPATIONS. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 . Findings. The following findings are adopted in support of the amendment to the City of Rosemead Municipal Code to allow home occupations in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO (Residential /Commercial Mixed Use Development Overlay) zones upon the approval of a Home Occupation Business License. A. The City Council of the City of Rosemead wishes to expand business opportunities for residents who desire to conduct home occupation activities from their residence in a manner in which is compatible with residential neighborhoods; and B. The City Council finds that permitting home occupations that are incidental and subordinate to the use of the property as a residence is of benefit to the City because it will help the local economy by enabling residents to establish home occupations, and will decrease the need of residents to commute to jobs outside the City, and C. The City Council finds that it is necessary and appropriate to provide uniform and comprehensive procedures for the regulation of home occupations to protect and preserve the quality and character of the residential areas in the City, and the quality of life through effective land use planning; and D. It is the purpose and intent of this Ordinance to establish restrictions, conditions, and regulations for home occupations to assure that the residential commercial activities will not disrupt, become a nuisance, disturb, or modify the residential character of the neighborhoods, and E. The proposed amendment would not be detrimental to the public convenience, health, safety, or general welfare of the City, and SECTION 2 . The City Council hereby makes a finding of adequacy with the Negative Declaration and HEREBY ADOPTS the Negative Declaration, as the environmental clearance for Municipal Code Amendment 12 -01. 1 The City Council, having final approval authority over this project, has reviewed and considered all comments received during the public review period prior to the approval of this project. SECTION 3. The City Council HEREBY FINDS AND DETERMINES that Municipal Code Amendment 12 -01 is in the best interest of the public necessity and general welfare, and good City planning practice dictates and supports the proposed municipal code amendment, in that the change to the Rosemead Municipal Code will provide a superior level of planning and protection to the quality and character of the City. SECTION 4. The City Council FINDS AND DETERMINES that it is necessary and appropriate to provide a uniform and comprehensive set of regulations for the establishment of home occupations in residential zoning districts. The regulations are intended to provide appropriate oversight for commercial activities taking place in residential zones. The regulations are designed to ensure that residential commercial business activity will not disrupt, become a nuisance, disturb, or modify the character of the residential areas within the City of Rosemead. SECTION 5. The City Council FURTHER FINDS AND DETERMINES that Municipal Code Amendment 12 -01 is consistent with the Rosemead General Plan as follows: Municipal Code Amendment 12 -01 is consistent with the Rosemead General Plan Land Use Goals and Policies. Since a home occupation would be an incidental, accessory use to the primary use of residential property, the approval of home occupation regulations would not alter the purpose or intent of the residential land use categories in the City. The adoption of a unified set of regulatory standards for home occupations is consistent with Land Use Goal 5 to target land use changes that improve housing and economic opportunities for residents and businesses and achieve fiscal and environmental objectives. The public necessity, convenience, and general welfare will be served by the adoption of the home occupation regulations that provides for a ministerial licensing process that requires the residential business activity to comply with standards that restrict use, location, employees, vehicles, traffic, appearance, storage, and nuisances. NOW, THEREFORE the City Council of the City of Rosemead, County of Los Angeles, State of California, does hereby find, determine and ordain as follows: SECTION 6. Code Amendment. Chapter 5.41 (Home Occupations) shall be added to Title 5 of the Rosemead Municipal Code to read as follows: K Chapter 5.41 HOME OCCUPATIONS SECTIONS: 5.41.010 Purpose and intent. 5.41.020 License required. 5.41.030 License renewal. 5.41.040 License is nontransferable. 5.41.050 Application submittal. 5.41.060 Process and procedure. 5.41.070 Review authority. 5.41.080 Accessory use. 5.41.090 General requirements. 5.41.100 Prohibited uses. 5.41.110 License revocation. 5.41.120 Appeals. 5.41.130 Reapplication after revocation. 5.41.140 Violations. 5.41.010 Purpose and intent. These regulations are provided so that certain incidental and accessory uses may be established in residential neighborhoods as home occupations under conditions that will ensure their compatibility with the neighborhood. 5.41.020 License required. A. No person may establish or operate a home occupation within the City without first obtaining, and continuing to maintain in full force and effect, a Home Occupation Business License. The issuance of a Home Occupation Business License shall satisfy the requirement of this code that every applicable business obtain a business license. B. Every Home Occupation Business License is subject to the requirements of this chapter, and the regulations of the zoning district in which the business is located. C. A request for a Home Occupation Business License must be accompanied by a Home Occupation Business License Application, completed in full detail with the required current information set forth in Section 5.41.050. D. A Home Occupation Business License is valid for a period of one (1) year from the date of issuance. E. If a Home Occupation Business License is not renewed, the Home Occupation Business License shall become null and void. 3 5.41.030 License renewal. A. A Home Occupation Business License must be renewed on an annual basis, provided that the owner and the business continues to meet all applicable requirements set forth in this chapter. B. A request for license renewal must be accompanied by an updated Home Occupation Business License application, completed in full detail with current information. C. The application and appropriate fee must be received by the City at least 30 calendar days prior to the expiration of the existing license. D. The City will process a request for a license renewal in the same manner as the original application. 5.41.040 License is nontransferable. A Home Occupation Business License shall not be transferable. 5.41.050 Application submittals. A. Application. Any person desiring to obtain a Home Occupation Business License must submit an application to the Community Development Director or his /her designee on the form provided by the City. The application must contain the following information and the following items: 1. Home Address 2. Applicant Name 3. Business Name (DBA) 4. Type and Description of Business. 5. Telephone Numbers (Home, Office, and Mobile) 6. Property Owner Name 7. Property Owner Address 8. Property Owner Telephone Numbers (Home and Mobile) 9. Size of Home in Square Feet 10. Size of Area to be used for Home Occupation in Square Feet 11. Site Plan and Floor Plan showing location of business 12. Location of this Area (Home or Garage) 13. Emergency Contact Information (Name and Phone Number) 14. Proof of Residence (grant deed, property tax bill, or picture identification) 15. A renter or lessee shall provide the lease contract, signed owner's approval on the Home Occupation Business License Application, and a copy of his /her tax bill or grant deed 16. A renter or lessee shall provide picture identification 4 17. Every business owner shall sign a declaration on the application acknowledging their understanding and indicating their intention to comply with the operation requirements of this chapter B. Application fee. A fee, as established by Council resolution, shall be paid upon filing of such application. 5.41.060 Process and procedure A. Investigation. Following the submission of a completed application form, as well as all documents, materials, and fee required under Section 5.41.050, the Community Development Director, or his /her designee, will promptly undertake a review and evaluation of the applicant's proposal for the purpose of verifying the proposal's compliance with the requirements and conditions of this Chapter, as well as its consistency with zoning requirements of Title 17 of the Rosemead Municipal Code and the City's General Plan. Within fourteen (14) days after the filing of the application, the Community Development Director, or his /her designee, shall issue the license or a written statement shall be sent by certified mail to the applicant, setting forth the reasons for denial of the license. B. Approval. The Community Development Director, or his /her designee, shall issue the license if he or she makes all of the following findings: 1. That the proposed home occupation is consistent with the zoning requirements of Title 17 and the City's General Plan; 2. That the proposed home occupation is consistent with the home occupation requirements and conditions of this Chapter and all other applicable Municipal Codes; 3. That no substantial evidence has been received which would indicate that the information contained in the application and supporting data is not true; and 4. That the applicant has agreed in writing to abide by and comply with all the conditions of the license and applicable laws. C. Denial. An application for a Home Occupation Business License shall be denied for any of the following reasons: 1. The application is incomplete and does not contain the required information, documents, materials, and fee required under Section 5.41.050; 2. An applicant has made one or more material misstatements in the application; 3. That the home occupation business, if licensed, will not comply with all applicable laws including, but not limited to, requirements and operation conditions of this Chapter, zoning requirements of Title 17, and all other applicable municipal codes; or 4. An applicant has had a license revoked for cause by the City within two (2) years of the application date; 5 5.41.070 Review authority. The Community Development Director, or his /her designee, may only issue a Home Occupation Business License that would be operated in full compliance with this chapter and the zoning requirements of Title 17 of the Rosemead Municipal Code. 5.41.080 Accessory use. Home occupations consistent with the requirements of this chapter are permitted as an accessory use to a residential use in compliance with residential permitted uses contained in Chapter 17.16 R -1 Single - Family Residential Regulations, Chapter 17.20 R -2 Light Multiple Residential Regulations, Chapter 17.24 R -3 Medium Multiple Residential Regulations, and Chapter 17.74 RC -MUDO Residential /Commercial Mixed Use Development Overlay Regulations. 5.41.090 General requirements. The establishment and conduct of home occupations shall comply with the following requirements: A. All home occupations shall be conducted only within the enclosed area of the dwelling and shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off - street parking for the applicable zoning district is met. B. There shall be no outdoor display, sales or storage of materials or equipment related to the home occupation on the premises. C. There shall be no exterior evidence of the conduct of a home occupation. D. The principal character or use of the dwelling within which the home occupation is conducted shall in no way be altered (by the use of color, materials, construction, lighting, signs, sounds, noises, vibrations, display of equipment, etc.) so that it may be reasonably recognized as serving a non - residential use. E. No motor or mechanical equipment shall be permitted other than that normally incidental to the residential use of the structure, including but not limited to power tools, wood and metal working equipment, auto repair tools and equipment and any other tools or equipment that require a compressor, electrical power or which cause a substantial emanation of noise. F. Home occupations may not generate pedestrian or vehicular traffic beyond that considered normal within the surrounding neighborhood. G. No storage of materials and /or supplies, indoors or outdoors, shall be permitted that will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood. 11 H. No more than two hundred (200) square feet of the residence shall be employed for the use of the home occupation. Electrical or mechanical equipment that creates visible or audible interference in television or radio receivers or causes fluctuations in line voltage outside of the dwelling unit shall be prohibited. J. No home occupation activity shall create dust, electrical interference, fumes, gas, odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or solid waste or other hazards or nuisances other than that normally incidental to residential use of the structure. Home occupations shall not create any other negative effect that may be felt, heard, or otherwise sensed on adjoining parcels, as determined by the Community Development Director. K. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of flammable, explosive, or hazardous materials. L. Required residential off - street parking shall be maintained. M. There shall be no motor vehicles used or kept on the premises, except residents' passenger vehicles, and one (1) commercially licensed automobile, pick -up truck, or van. Furthermore, the commercial vehicle shall not exceed % ton. N. Any employees associated with the home occupation must be full -time residents of the dwelling. Proof of residency will be required at any time upon request by the City. O. Examples of acceptable home occupations, provided they do not violate any of the provisions of this Chapter include, but are not limited to: 1. Professional office for an architect, accountant, realtor, or sales representative. 2. Consulting businesses (provided all work is picked up and delivered to the client by resident). 3. Artist or author (provided all work is picked up and delivered to the client by resident). 4. Businesses such as home crafts are allowed if the home crafts are sold off - site (i.e. retail store, etc.). 5.41.100 Prohibited uses. The following list presents examples of commercial uses that are not incidental to or compatible with residential activities, are suitable only in nonresidential zoning districts, and are therefore prohibited as home occupations: 7 • Wholesale and retail sales (e.g. automobiles, merchandise, herb and /or pharmaceuticals, guns and /or ammunition, etc.); • Dating services; • Adult businesses; • Fortunetelling, palm reading, psychics, and similar activities; • Massage services; • Hair, nail, facial, and similar personal care; • Medical and dental offices; • Vehicle repair (body or mechanical), towing, or automobile detailing (e.g., washing, waxing, tinting, etc.) at the site of the home occupation; • Plumbing, machine, or sheet metal works; • Carpentry shops; • Contractor storage yard; • Testing, maintenance, repair, towing or storage of any boat, aircraft, or motorized vehicle; • Laundering of clothes or other articles; and • Animal kennels or breeding. 5.41.110 License revocation. A. Grounds for Revocation. The Community Development Director may revoke a Home Occupation Business License when: 1. Any of the applicable requirements of this chapter ceases to be satisfied; or 2. There is any criminal activity associated with the residence. 3. The application is discovered to contain incorrect, false or misleading information; or 4. The home occupation has been operated in violation of any of the requirements of this chapter and: a) If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than 15 days following the date written notice of such violation is mailed or delivered to the operator; or b) If the violation is of a non - continuous nature, one or more additional violations of the same provision, or two (2) or more violations of any other of the provisions, of this chapter occur within any 12 -month period. B. Notice of Revocation. 1. Upon determining that grounds for license revocation exist, a formal written notice of the proposed revocation will be provided to the owner. 2. Such notice must summarize the principal reasons for the proposed revocation, and state that the revocation will become effective on the 20th day after the notice was deposited in the U.S. mail, unless the owner files an appeal under Section 5.41.120. �7 3. The notice must be delivered both by posting the notice at the location of the home occupation business, and by sending the same, by certified mail, to the owner as that name and address appears on the license. 5.41.120 Appeals. A. Any interested person may appeal a decision of the Community Development Director regarding the denial or revocation of a Home Occupation Business License by filing a complete notice of appeal with the City Clerk within ten (10) days from the date notice of such decision is mailed. To be deemed complete, the appeal must: 1. Be in writing and state the grounds for disagreement with the Community Development Director's stated decision; 2. Include the address to which notice is to be mailed; 3. Be signed under penalty of perjury; and 4. Be accompanied by the filing fee established by City Council resolution. B. If an appeal is timely filed, the City Manager, or his /her designee, will hear the appeal and the City Clerk will cause to be set a date for the hearing of the appeal not more than 30 days from the date the appeal is received. 1. The hearing will be a de novo hearing on the action which is the subject of the appealed. 2. At the hearing, the appellant will have the right to offer testimonial, documentary and tangible evidence bearing upon the issues. 3. The City Manager, or his /her designee, will not be bound by the formal rules of evidence. 4. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness. C. The City Manager, or his /her designee, will issue written findings and a decision within 15 days of the conclusion of the hearing, and send notice of the decision by certified mail to the appellant. The notice of the decision must include reference to the appellant's right to prompt judicial review under California Code of Civil Procedures Section 1094.8. D. The action by the hearing officer will be final unless timely judicial review is sought pursuant to California Code of Civil Procedures Section 1094.8. 5.41.130 Reapplication after revocation. No person may obtain a Home Occupation Business License for two (2) years from the date any order of license revocation affecting such person has become final. 5.41.140 Violations. A. Any owner of a home occupation business violating or permitting the violation of any of the provisions of this chapter will be subject to any and all civil remedies, including license or license revocation. The administrative citation process and any and all remedies provided herein are cumulative and not exclusive. B. In addition to the remedies set forth in division (A), any home occupation business operating in violation of these provisions is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. C. The regulations imposed under this chapter are part of a regulatory licensing process, and any violation of this chapter does not constitute a criminal offense. Notwithstanding any other provision of this code, the City does not impose a criminal penalty for violations of this chapter related to expressive activities. SECTION 7. Code Amendment. Title 17 (Zoning), Chapter 17.16 (Single - Family R -1 Regulations), Section 17.16.020 (Permitted Uses) of the Rosemead Municipal Code is hereby amended as follows: A. A one - family dwelling, subject to the lot designations and regulations contained in Ch. 17.84 B. The accessory buildings necessary or incidental to such use located on the same lot or parcel of land including a private garage, the capacity of which shall not exceed three automobiles. C. A home occupation that is incidental and subordinate to the primary residential use of the property. All home occupations are subject to the regulations, conditions and license requirements contained in Chapter 5.41 (Home Occupations). D. The noncommercial growing of nursery stock, field crops, tree, bush and berry crops, and vegetable or flower gardening. E. Household pets, not to exceed three animals, over four months of age, for each dwelling unit. This provision shall not be construed to permit any animal capable of inflicting harm or discomfort or endangering the health and safety of any person or property. F. Storage of building materials, used in the construction of a building or building project, during the construction and thirty (30) days thereafter, including the contractor's temporary office provided that any lot or parcel of land so used shall be a part of the building project, or on property adjoining the construction site. 10 SECTION 8. Code Amendment. Title 17 (Zoning), Chapter 17.20 (Light Multiple Residential R -2 Regulations), Section 17.20.020 (Permitted Uses) of the Rosemead Municipal Code is hereby amended as follows: A. Any use and development standard permitted in the R -1 zone including flag lot developments. B. A two- family dwelling or two one - family dwellings. C. Accessory buildings as provided in the R -1 zone. D. A home occupation that is incidental and subordinate to the primary residential use of the property. All home occupations are subject to the regulations, conditions and license requirements contained in Chapter 5.41 (Home Occupations). SECTION 9. Code Amendment. Title 17 (Zoning), Chapter 17.24 (Medium Multiple Residential R -3 Regulations), Section 17.24.020 (Permitted Uses) of the Rosemead Municipal Code is hereby amended as follows: A. Single -story second residential units in accordance with Chapter 17.30 of this code; B. Multiple - family dwellings and apartment houses; C. The renting of not more than four rooms to not more than four roomers, or the providing of table board to not more than four boarders, or both, in residence, provided that not less than one automobile parking space shall be provided for every room rented; D. The accessory buildings necessary or incidental to such use located on the same lot or parcel of land. E. A home occupation that is incidental and subordinate to the primary residential use of the property. All home occupations are subject to the regulations, conditions and license requirements contained in Chapter 5.41 (Home Occupations). SECTION 10. Code Amendment. Title 17 (Zoning), Chapter 17.74 (Residential /Commercial Mixed Use Development Overlay), Section 17.74.040 (Permitted Uses) of the Rosemead Municipal Code is hereby amended as follows: A. The following uses are permitted in a residential /commercial mixed -use development: retail stores and businesses, provided there is no manufacturing, processing or treatment of products other than what is clearly incidental to the retail business conducted on the premises, and not more than twenty (20) percent of the floor area of the building shall be used in the manufacturing, 11 processing or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust smoke, vibration or other similar causes; Art studios; ATM facilities subject to the requirements of Section 17.74.050(A); Bakery products shops; Banks, savings and loan associations, and financial institutions, excluding check cashing or other pay day loan services; Barber shops, beauty shops and manicure parlors; Book stores; Clothing and shoe stores; Confectionery retail shops; Department and variety stores; Drug stores and pharmacies; Dry cleaning stores, drop -off and pick -up only; Electric appliance stores and repairs; Employment agencies; Fabric and yardage stores; Florist shops; Food stores, bakery shops, delicatessens and markets; Furniture stores, limited to new furniture, except that used furniture taken in trade may be sold provided used furniture sales do not exceed twenty -five (25) percent of the gross floor area or twenty -five (25) percent of total retail floor area, whichever is less; Grocery, fruit and vegetable stores; Hardware stores; Health centers, and similar personal service establishments, with massage as an incidental use and occupying no more than twenty -five (25) percent of the floor area; Hobby shops; Interior decorating shops; Jewelry stores; Music stores; Paint stores; Pet supply stores; Photo -copy, printing or desktop facilities; Photographic studio, supply shop, or film pick -up and drop -off point; Radio and television stores and repair; Restaurants, take -out and other eating establishments; Retail sales of automotive parts without installation and no outside storage; Self- service laundries subject to the requirements of Section 17.74.050(E); Shoe stores or shoe repair shops; Tailor, clothing or wearing apparel shops; and Travel agencies. B. The following professional and business office uses are permitted in a residential /commercial mixed -use development: Accountant; 12 Acupuncturist and acupressure, without massage or retail sales; Advertising agency; Architect; Attorney; Auditor; Bookkeeping service; Business consultant; Chiropodist; Chiropractor; Dental office; Engineer; Governmental buildings and offices; Insurance agency; Optician; Optometrist; Ophthalmologist; Osteopath; Physician; Psychiatrist; Real estate broker; Secretarial service; X -ray technician; and Similar professional business uses may be permitted subject to the approval of the Planning Division. C. Notwithstanding the provisions of Section 17.112.020, the following uses shall be the only uses for which a conditional uses permit may be applied for and granted in a residential /commercial mixed -use development: Antique stores; Any commercial use that operates after midnight; Any eating establishment with outdoor seating; Any establishment having an off -sale license for alcoholic beverages; Any establishment having an on -sale license for alcoholic beverages; Arcades; Conservatories of music; Convenience markets subject to the requirements of Section 17.74.050(8); Libraries and museums; and Music and vocal instructions. D. Except as provided in Sections 17.74.040(A), 17.74.040(B) and 17.74.040(C), all commercial uses and nonresidential uses are strictly prohibited in residential /commercial mixed -use developments. E. Residential units shall be permitted in a residential /commercial mixed -use development per the following: 1. Densities shall be consistent with the General Plan. 13 F. Location of Uses. 1. Retail /commercial uses shall be permitted on the ground floor or second floor in a residential /commercial mixed -use development. 2. Retail /commercial uses shall not be permitted above any professional and business office uses or residential uses. 3. Professional and business office uses shall be permitted above the commercial component of a street frontage building, behind the commercial component on the first floor or on second floor or above with same use street frontage but below any residential uses in a residential /commercial mixed -use development. 4. Residential uses shall be located either above the commercial and /or office components of a street frontage building or located behind the commercial or office component on any floor where there is a distinct separation of uses and access, provided pedestrian connections are furnished as part of a unified development theme. 5. A home occupation that is incidental and subordinate to the primary residential use of the property. All home occupations are subject to the regulations, conditions and license requirements contained in Chapter 5.41 (Home Occupations). SECTION 11. If any section, subsection, sentence, clause or word of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rosemead HEREBY DECLARES that it would have passed and adopted Ordinance No. 925 and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. SECTION 12. EFFECTIVE DATE. This ordinance shall take effect thirty (30) days after its adoption. SECTION 13. ADOPTION. 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 days after the date of its adoption. SECTION 14. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED, and ADOPTED this day of 2013. [Signatures are on the Next Page] 14 Sandra Armenta, Mayor City of Rosemead, California ATTEST: Gloria, Molleda, City Clerk City of Rosemead, California: APPROVED AS TO FORM Rachel H. Richman, City Attorney Burke, Williams & Sorensen, LLP 15 ATTACHMENT B ENVIRONMENTAL CHECKLIST FORM CITY OF ROSEMEAD PLANNING DIVISION 8838 E. VALLEY BLVD. ROSEMEAD, CALIFORNIA 91770 1. Project title: 2. Lead agency name and address: 3. Contact person and phone number: 4. Project location: 5. Project sponsor's name and address: Municipal Code Amendment 12 -01 City of Rosemead 8838 East Valley Blvd. Rosemead. CA 91770 Michelle Ramirez, CD Director (626) 569 -2158 City -Wide City of Rosemead County of Los Angeles City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 6. General plan designation: Low Density Residential, Medium Density Residential, High Density Residential, Mixed -Use: Residential /Commercial (25 -30 du /ac), and Mixed -Use: Residential /Commercial (40 -60 du /ac), 7. Zoning: R -1 (Single - Family Residential) R -2 (Light Multiple Residential) R -3 (Medium Multiple Residential) RC -MUDO (Residential /Commercial Mixed Use Development Overlay) 8. Description of project. (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Municipal Code Amendment 12 -01 consists of City of Rosemead initiated amendments to revise Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Rosemead Municipal Code to allow home occupations as an incidental, accessory use in residential zoning districts and to establish appropriate regulations. Approval of Municipal Code Amendment 12 -01 would allow home occupations in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO (Residential /Commercial Mixed Use Development Overlay) zones. The regulations and procedures set forth in Municipal Code Amendment 12 -01 are intended to ensure that home occupations are compatible with the character of City of Rosemead's residential neighborhoods. The regulations are designed to ensure that residential commercial business activity will not disrupt, become a nuisance, disturb, or modify the character of the residential areas within the City of Rosemead. 9. Municipal Code Amendment 12 -01 restricts a home occupation to a business activity that is conducted only within the enclosed area of the dwelling that shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off - street parking requirements for the applicable zoning district are met. The most common home occupations are office uses for businesses such as accountants, internet sales, certain types of contractors and other similar operations where the primary means of contact are by phone, mail, internet or other similar means. Municipal Code Amendment 12 -01 establishes an administrative permitting process. The approval of a Home Occupation Business License shall be obtained from the City of Rosemead Community Development Department prior to establishing a home occupation. General requirements are outlined to restrict outdoor display, storage of materials or equipment, pedestrian and vehicular traffic, appearance, and nuisances. Lastly, the amendment proposes a business license revocation process, if the requirements of the ordinance are not satisfied. If there is any criminal activity associated with the residence, if the application contains incorrect, false or misleading information, or if the home occupation has been operated in violation of any requirements of the license, the license will be subject to the revocation process. Surrounding land uses and setting. (Briefly describe the project's surroundings.) The City of Rosemead is an urban suburb located in the San Gabriel Valley, 10 miles east of the City of Los Angeles. It is bounded on the north by the cities of Temple City and San Gabriel, on the west by Monterey Park and the unincorporated Los Angeles County community of South San Gabriel, on the south by Montebello, plus by El Monte and South El Monte on the east. The City is 5.5 square miles or 2,344 acres in size. Rosemead is home to a resident population of approximately 54,172 people. Approval of Municipal Code Amendment 12 -01 would allow home occupations in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO (Residential /Commercial Mixed Use Development Overlay) zoning districts. 10. Other Agencies whose approval is required (e.g., permits, financing approval, or participation agreement). Approval by other agencies is not required as part of this project. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology /Soils ❑ Greenhouse Gas ❑ Hazards & Hazardous ❑ HydrologyNVater Quality Emissions Materials ❑ Land Use /Planning ❑ Population /Housing ❑ Mineral Resources ❑ Public Services ❑ Noise ❑ Recreation ❑ Transportation/Traffic DETERMINATION ❑ Utilities /Services Systems On the basis of this initial evaluation: ❑ Mandatory Findings of Significance Q I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ 1 find that the proposed project may have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL MPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ 1 find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revision or mitigation measures that are imposed upon the proposed project, nothing further is required. (� loI Dot 111 Signature Date Michelle G. Ramirez, Community Development Director Printed Name 3 EVALUATION OF ENVIRONMENTAL IMPACTS A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project - specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project - specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on- site, cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation from Section XVII, "Earlier Analyses ", may be cross - referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other California Environmental Quality Act (CEQA) process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This is only a suggested form, and lead agencies are free to use different ones. 9. The analysis of each issue should identify: (a) the significance criteria or threshold used to evaluate each question; and (b) the mitigation measure identified, if any, to reduce the impact to less than significant. 4 ENVIRONMENTAL CHECKLIST 5 Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact 1. Aesthetics Would the project. a) Have a substantial adverse effect on a scenic ❑ ❑ ❑ vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ ❑ ❑ outcroppings, and historic building within a state scenic highway? -- - -- ---- -- -- -- -_- ........ — -- — c) Substantially degrade the existing visual -- – — character or quality of the site and its ❑ ❑ ❑ surround d) Create a new source of substantial light or glare which would adversely affect day or nighttime ❑ ❑ ❑ views in the area? 2. Agriculture and Forestry Resources In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural u se? b) Conflict with existing zoning for agricultural use, ❑ ❑ ❑ or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section ❑ ❑ ❑ 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of ❑ ❑ ❑ forest land to non- forest use? e) Involve other changes in the existing environment which, due to their location or ❑ ❑ ❑ nature, could result in conversion of Farmland, to non - agricultural use? 5 Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact 3. Air Quality Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project. a) Conflict with or obstruct implementation of the ❑ ❑ ❑ applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air ❑ ❑ ❑ quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality ❑ ❑ ❑ standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors d) Expose sensitive receptors to substantial ❑ ❑ ❑ pollutant conce ntrations? e) Create objectionable odors affecting a ❑ ❑ ❑ substantial number of people? 4. Biological Resources Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, ❑ ❑ ❑ policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, ❑ ❑ ❑ policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited ❑ ❑ ❑ to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ migratory wildlife corridors, or impede the use of wildlife nurs sites? 7 Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impac Im pact e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ❑ ❑ ❑ Conservation Plan, or other approved local, regional, or state habitat conservation plan? 5. Cultural Resources Would the project. a) Cause a substantial adverse change in the significance of a historical resource as defined ❑ ❑ ❑ in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource ❑ ❑ ❑ pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique ❑ ❑ ❑ geologic feature? d) Disturb any human remains, including those ❑ ❑ ❑ interred outside of formal cemeteries? 6. Geology and Soils Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or ❑ ❑ ❑ based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic - related ground failure, including ❑ ❑ Cl liquefaction? iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of ❑ ❑ ❑ topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- ❑ ❑ ❑ or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 7 Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code ❑ (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater ❑ ❑ ❑ disposal systems where sewers are not available for the disposal of wastewater? 7. Greenhouse Gas Emissions Would the project. a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant ❑ ❑ ❑ impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing ❑ ❑ ❑ the emissions of greenhouse gases? 8. Hazards and Hazardous Materials Would the project. a) Create a significant hazard to the public or the environment through the routine transport, use, ❑ ❑ ❑ or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ likely release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or ❑ ❑ ❑ waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code 65962.5 and, as a result, ❑ ❑ ❑ would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or ❑ ❑ ❑ public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety ❑ ❑ ❑ hazard for people residing or working in the project area? Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Im pact Impact g) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? 9. Hydrology and Water Quality Would the project. a) Violate any water quality standards or waste ❑ ❑ ❑ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production ❑ ❑ ❑ rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? c) Substantially alter the existing drainage pattern of area, including through the alteration of the course of a stream or river, in a manner which ❑ ❑ ❑ would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or ❑ ❑ ❑ substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off -site? _ e) Create or contribute runoff water which would exceed the capacity of existing.or planned El E] ED stonnwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ ❑ g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard ❑ ❑ ❑ Boundary or Flood Insurance Rate Map or other flood hazard deline map? h) Place within a 100 -year flood hazard area structures, which would impede or redirect flood ❑ ❑ ❑ flows? 10 Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact i) Expose people or structures to a significant risk of loss, injury or death involving flooding, ❑ 1:1 ❑ El including flooding as a result of the failure of a levee or d am? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ 10. Land Use and Planning Would the project: a) Physically divide a n established community? ❑ El El b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local ❑ ❑ ❑ coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation ❑ ❑ ❑ plan or natural communities conservation plan? 11. Mineral Resources Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the ❑ ❑ ❑ region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site El E] E] delineated on a local general plan, specific plan or other land use plan? 12. Noise Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or ❑ ❑ ❑ groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ ❑ ❑ existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ❑ ❑ levels existing without the project? 10 11 Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or ❑ ❑ ❑ public use airport, would the project expose people residing or working in the project area to e xcessive noise levels? _ f) For a project within the vicinity of a private airstrip, would the project expose people ❑ ❑ ❑ residing or working in the project area to excessive noise levels? 13. Population and Housing Would the project: a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes ❑ ❑ ❑ and businesses) or indirectly (e.g., through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of ❑ ❑ ❑ replacement housing elsewhere? c) Displace substantial numbers of people necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? 14. Public Services Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire Protection? ❑ ❑ ❑ b) Police Protection? ❑ ❑ ❑ c) Schools? — ❑ ❑ ❑ d) Parks? ❑ ❑ ❑ e) Other public facilities? ❑ ❑ ❑ 15. Recreation a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial ❑ ❑ ❑ physical deterioration of the facility would occur or be accelerated? _ b) Does the project include recreational facilities or require the construction or expansion of ❑ ❑ ❑ recreational facilities, which might have an adverse physical effect on the environment? 11 12 Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact 16. Transportation/Traffic Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a El El increase in either the number of vehicle trips, the volume to capacity ratio on roads, or cong estion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the ❑ ❑ ❑ county congestion management agency for designated roads or hi ghways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a ❑ ❑ ❑ change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous El El 1:1 intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequat emergency access? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation ❑ ❑ ❑ (e.g., bus turnouts, bicycle racks)? 17. Utilities and Service Systems Would the project a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control ❑ ❑ ❑ Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction ❑ ❑ ❑ of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of El El ❑ existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and El El El resources, or are new or expanded entitlements n eeded? 12 13 Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Imp act e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to ❑ ❑ ❑ serve the project's projected demand in addition to the provider's exi sting commitme ._......_.._— — — _...__.. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid ❑ ❑ ❑ waste disposal needs? g) Comply with federal, state, and local statutes ❑ ❑ ❑ and regulations related to solid waste? 18. Mandatory Findings of Significance a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a ❑ ❑ ❑ plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project ❑ El 11 are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on ❑ ❑ ❑ human beings, either directly or indirectly? 13 EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS The City of Rosemead is located within a highly urbanized area of eastern Los Angeles County and is situated between the San Gabriel Mountains to the north and the Montebello Hills to the south. The surrounding hillsides and distant mountains, as well as the Whittier Narrows Golf Course just outside the City's southeastern limit, are the dominant features of the scenic vistas along the City's borders. No state or county designated scenic highways or streets or segments thereof are located within the City's boundaries. Implementation of the proposed municipal code amendment would not create changes impacting scenic vistas or resources or substantially degrade the visual character of the City, as no development is proposed and the action applies only to uses within existing structures. Municipal Code Amendment 12 -01 is designed to facilitate the approval of home occupations as an incidental, accessory use within residential dwellings, or garages provided all off - street parking requirements are met, in the City's established residential zoning districts. The code amendment establishes a ministerial permitting process, and strict regulations to ensure neighborhood compatibility. These regulations include, but are not limited to, the following: • All home occupations shall be conducted only within the enclosed area of the dwelling and shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off - street parking requirements for the applicable zoning district are met. • There shall be no outdoor display, sales or storage of materials or equipment related to the home occupation on the premises. • There shall be no exterior evidence of the conduct of a home occupation. • The principal character or use of the dwelling within which the home occupation is conducted shall in no way be altered (by the use of color, materials, construction, lighting, signs, sounds noises, vibrations, display of equipment, etc.) so that it may be reasonably recognized as serving a non- residential use. • No storage of materials and /or supplies, indoors or outdoors, shall be permitted that will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood. Since the standards required to obtain the ministerial Home Occupation Business License, require the home occupation to be innocuous, there would be no substantial adverse effect on scenic vistas, designated state scenic highways, degradation of existing visual character of the neighborhood and /or quality of the site. Since the home 14 occupation would be required to be carried out within the dwelling or an enclosed garage, there would be no impact of a new source of light or glare. As previously stated in the project description, Municipal Code Amendment 12 -01 proposes a business license revocation process. If the requirements of the ordinance are not satisfied, or if the home occupation has been operated in violation of any requirements of the license, the license will be subject to the revocation process. 2. AGRICULTURAL AND FORESTRY RESOURCES The proposed project will not result in the conversion of existing agricultural land to urban uses. The only agricultural uses in the City are landscape nurseries situated under Southern California Edison transmission lines on property zoned O -S (Open Space). Such uses would not be displaced by any future home occupation, as a home occupation would only be permitted within an established dwelling unit or garage in a residential zoning district. The project area is located in an urban setting and does not contain any agricultural resources as defined by the state farmland mapping and monitoring program. The City- wide project site does not have a land use or implementing zoning designation for agricultural use, and therefore would not conflict with existing zoning for agricultural use or a Williamson Act contract. The City is located in a highly urbanized area of Los Angeles County, and possesses no timberland or other forestry resources, nor does it have any zoning or General Plan designations for forest land, timberland or timberland production. Furthermore, the proposed project is not a development project or land use plan, and does not grant any development entitlements or make any land use policy changes that could result in the loss of forest land or the conversion of forest land to non - forest use. The proposed project would not require any changes to the existing environment which would result in the conversion of farmland to non - agricultural uses. Therefore, no significant impacts on existing agricultural resources would occur from implementation of the project, and no mitigation measures are necessary. 3. AIR QUALITY The City lies within the San Gabriel Valley portion of the South Coast Air Basin (Basin), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). As a result of implementing comprehensive control strategies to reduce pollution from mobile and stationary sources by the SCAQMD, the Basin's air quality has improved significantly over the years. However, the Basin is still considered a —non- attainment1l area for ozone, suspended particulate matter (PM10) and fine particulate matter (PM2.5). 15 To ensure continued progress toward clean air and comply with state and federal requirements, the SCAQMD in conjunction with the California Air Resources Board (CARB), the Southern California Association of Governments (SCAG) and the U.S. Environmental Protection Agency (U.S. EPA) prepared the 2007 Air Quality Management Plan (AQMP). The 2007 AQMP employs the most up -to -date science and analytical tools and incorporates a comprehensive strategy aimed at controlling pollution from all sources, including stationary sources, on -road and off -road mobile sources and area sources. Municipal Code Amendment 12 -01 is not a development project or land use plan, nor does it propose any new development entitlements or land use changes. Therefore, the implementation of Municipal Code Amendment 12 -01 will not affect the existing environment and air quality of the City and Basin. Municipal Code Amendment 12 -01 is designed to facilitate the approval of home occupations as an incidental, accessory use within residential dwellings, or garages provided all off - street parking requirements are met, in the City's established residential zoning districts. The code amendment establishes a ministerial permitting process, and strict regulations to ensure that the new ordinance will not lead to significant impacts to air quality. These regulations include, but are not limited to, the following: • There shall be no exterior evidence of the conduct of a home occupation. • The principal character or use of the dwelling within which the home occupation is conducted shall in no way be altered (by the use of color, materials, construction, lighting, signs, sounds noises, vibrations, display of equipment, etc.) so that it may be reasonably recognized as serving a non - residential use. • No motor or mechanical equipment shall be permitted other than that normally incidental to the residential use of the structure, including but not limited to power tools, wood and metal working equipment, auto repair tools and equipment and any other tools or equipment that require a compressor, electrical power or which cause a substantial emanation of noise. • Home occupations may not generate pedestrian or vehicular traffic beyond that considered normal within the surrounding neighborhood. • No storage of materials and/or supplies, indoors or outdoors, shall be permitted that will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood. • No home occupation activity shall create dust, electrical interference, fumes, gas, odor, smoke, glare, light, noise, vibration, toxic/hazardous materials, liquid or solid waste or other hazards or nuisances other than that normally incidental to residential use of the structure. Home occupations shall not create any other negative effect that may be felt, heard, or otherwise sensed on adjoining parcels, as determined by the Community Development Director. 16 As previously stated in the project description, Municipal Code Amendment 12 -01 proposes a business license revocation process. If the requirements of the ordinance are not satisfied, or if the home occupation has been operated in violation of any requirements of the license, the license will be subject to the revocation process. 4. BIOLOGICAL RESOURCES Municipal Code Amendment 12 -01 would allow the establishment of home occupations within legally established residential properties, upon the approval of a ministerial Home Occupation Business License. There is no expectation that the municipal code amendment will lead to impacts to biological resources. The City -wide project site is located in an urban, developed area and does not contain any significant biological resources. The project does not provide habitat for any candidate, sensitive, or special status species. The approval of Municipal Code Amendment 12 -01 does not involve any construction or specific development project, and therefore would not create any significant impacts to special status biological resources and no mitigation measures are necessary. Since this City -wide project site does not contain any significant habitat resources, and there is no direct development associated with the approval of this project there will be no significant impacts on riparian habitat or other sensitive natural communities identified in local, regional, or national plans, regulations or policies. Additionally, no riparian habitat or sensitive natural communities are located within the City, therefore, no significant impacts would result from project implementation and no mitigation measures are necessary. Municipal Code 12 -01 relates to land located in urban areas developed with residential dwellings that do not contain any wetland resources. No wetlands would be impacted by approval of the proposed code amendment. The residential zoning districts in the City of Rosemead are not considered migratory wildlife corridors due to the existing surrounding urban development. The proposed amendment is not a development project and does not involve any land use changes that would affect the open space areas identified in the General Plan, nor does it involve any changes to trees in the public right -of -way. Approval of the Municipal Code Amendment 12 -01 does not involve development of a particular site or changes to an established policy that would allow for the degradation of any significant biological resource. No adopted habitat conservation plan, natural community conservation plan, or other approved habitat conservation plan would be affected by approval of this project, and therefore no mitigation measures would be required. 5. CULTURAL RESOURCES The City is located in a highly urbanized area of Los Angeles County. All of the land in the City has previously been disturbed or developed. In addition, there are no existing structures that are considered as having significant historical value, nor is there any evidence of known archaeological or paleontological resources in the City. 17 Municipal Code Amendment 12 -01 involves regulatory changes to the City's Zoning Ordinance regarding the approval of home occupations in established residential dwellings and /or residential garages in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO (Residential /Commercial Mixed Use Development Overlay) zoning districts. The proposed code amendment is not a development project or land use plan, and will not involve any construction activities or grant any entitlements for development projects. Therefore, it will not affect any potential undiscovered historical, archaeological or paleontological resources or human remains, and no mitigation measures would be required. 6. GEOLOGY AND SOILS According to the most recent Alquist - Priolo Earthquake Fault Zone map of the El Monte 7.5- minute quadrangle, there is one active fault within the City: the Alhambra Wash fault, running from just south of the intersection of San Gabriel Boulevard and Garvey Avenue to the edge of the Whittier Narrows Dam Flood Control Basin. Additionally, the Geologic, Seismic and Flooding Technical Background Information appendix to the General Plan states that there are several other faults that do not meet Alquist - Priolo criteria but nonetheless have the potential to cause surface ruptures within the City. The proposed municipal code amendment, in and of itself, is not a development project and does not propose any land use changes or alterations to the existing environment of the City. It is a code amendment designed to facilitate the approval of home occupations as an incidental, accessory use within residential dwellings in established residential zoning districts. Municipal Code Amendment 12 -01 will not introduce any new buildings or people into areas known to be prone to seismic - related hazards. Therefore, the project will have no impact with respect to exposing people or structures to potential adverse effects from earthquake fault ruptures. The proposed project does not involve any construction activity or additional occupancy that could be impacted. Therefore, implementation of the proposed changes would not have an impact regarding a geologic unit or soils, and no mitigation measures would be required. GREENHOUSE GAS EMISSIONS Municipal Code Amendment 12 -01 would allow the establishment of home occupations within legally established dwelling units and /or residential garages that satisfy parking requirements upon the approval of a ministerial Home Occupancy Business License. emit greenhouse gases or other substances. The proposed amendment is not a development project or land use plan, and does not grant any development entitlements or make any changes to the land use policies contained in the General Plan; nor does it include any construction activities that could There is no expectation that approval of Municipal Code Amendment 12 -01 will lead to significant impacts to greenhouse gas emissions. A home occupation would be an 18 incidental, accessory use to the primary existing residential use. Furthermore, home occupation regulations require that: • All home occupations shall be conducted only within the enclosed area of the dwelling and shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off - street parking requirements for the applicable zoning district are met. • There shall be no outdoor display, sales or storage of materials or equipment related to the home occupation on the premises. • The principal character or use of the dwelling within which the home occupation is conducted shall in no way be altered (by the use of color, materials, construction, lighting, signs, sounds noises, vibrations, display of equipment, etc.) so that it may be reasonably recognized as serving a non - residential use. • No motor or mechanical equipment shall be permitted other than that normally incidental to the residential use of the structure, including but not limited to power tools, wood and metal working equipment, auto repair tools and equipment and any other tools or equipment that require a compressor, electrical power or which cause a substantial emanation of noise. • Home occupations may not generate pedestrian or vehicular traffic beyond that considered normal within the surrounding neighborhood. • No home occupation activity shall create dust, electrical interference, fumes, gas, odor, smoke, glare, light, noise, vibration, toxic/hazardous materials, liquid or solid waste or other hazards or nuisances other than that normally incidental to residential use of the structure. Home occupations shall not create any other negative effect that may be felt, heard, or otherwise sensed on adjoining parcels, as determined by the Community Development Director. • Required residential off - street parking shall be maintained. • There shall be no motor vehicles used or kept on the premises, except residents' passenger vehicles, and one commercially licensed automobile, pick -up truck, or van. Furthermore, the commercial vehicle shall not exceed % ton. • Any employees associated with the home occupation must be full -time residents of the dwelling. No volunteers, interns or independent contractors shall be part of the Home Occupation Business License. As previously stated in the project description, Municipal Code Amendment 12 -01 proposes a business license revocation process. If the requirements of the ordinance are not satisfied, or if the home occupation has been operated in violation of any requirements of the license, the license will be subject to the revocation process. 19 8. HAZARDS AND HAZARDOUS MATERIALS Municipal Code Amendment 12 -01 would allow the establishment of home occupations within legally established dwelling units and /or residential garages that satisfy parking requirements upon the approval of a Home Occupancy Business License. A home occupation would be an incidental, accessory use to the primary existing residential use. The proposed project would not involve the routine transport, use or disposal of any significant quantities of hazardous materials. No hazardous emissions will be associated with the proposed project. The project proposal is not site specific, thereby not in violation with government code section 65962.5. Therefore, project implementation would not create a significant hazard to the public or the environment. The proposed project regulatory changes would not result in any safety hazards to people residing or working in community. Therefore, no impacts would result from the proposed project. The proposed project would not involve any uses that would interfere with the City's emergency operations plan or with any major emergency evacuation routes out of the area. Approval of the proposed project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Municipal Code Amendment 12 -01 provides the following regulations to ensure that a home occupation would not result in impacts to the public or the environment. These regulations include, but are not limited to, the following: • All home occupations shall be conducted only within the enclosed area of the dwelling and shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off - street parking requirements for the applicable zoning district are met. • There shall be no outdoor display, sales or storage of materials or equipment related to the home occupation on the premises. • No motor or mechanical equipment shall be permitted other than that normally incidental to the residential use of the structure, including but not limited to power tools, wood and metal working equipment, auto repair tools and equipment and any other tools or equipment that require a compressor, electrical power or which cause a substantial emanation of noise. • No storage of materials and /or supplies, indoors or outdoors, shall be permitted that will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood. • No more than 200 square feet shall be employed for the use of the home occupation. We • No home occupation activity shall create dust, electrical interference, fumes, gas, odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or solid waste or other hazards or nuisances other than that normally incidental to residential use of the structure. Home occupations shall not create any other negative effect that may be felt, heard, or otherwise sensed on adjoining parcels, as determined by the Community Development Director. • Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of flammable, explosive, or hazardous materials. As previously stated in the project description, Municipal Code Amendment 12 -01 proposes a business license revocation process. If the requirements of the ordinance are not satisfied, or if the home occupation has been operated in violation of any requirements of the license, the license will be subject to the revocation process. 10. HYDROLOGY AND WATER QUALITY In 1972, the Federal Water Pollution Control Act (also referred to as the Clean Water Act [CWA]) was amended to provide that the discharge of pollutants to waters of the United States from any point source is unlawful unless the discharge is in compliance with a National Pollutant Discharge Elimination System ( NPDES) permit. The 1987 amendments to the CWA added section 402(p), which establishes a framework for regulating municipal and industrial storm water discharges under the NPDES program. On November 16, 1990, the U.S. Environmental Protection Agency (USEPA) published final regulations that establish storm water permit application requirements for specified categories of industries. The regulations provide that discharges of storm water to waters of the United States from construction projects that encompass five or more acres of soil disturbance are effectively prohibited unless the discharge is in compliance with an NPDES permit. The proposed project would not be subject to the NPDES program, because the project does not involve any construction activity. Therefore, the proposed project would not violate any water quality standards or waste discharge requirements. Additionally, the proposed project will not contribute to withdrawals from an existing ground water supply. Because there is no site specific development associated with this project, no changes to any established drainage pattern would occur upon implementation. Therefore, no impacts with regard to drainage would result from project approval, and no mitigation measures would be required. Municipal Code Amendment 12 -01 would allow the establishment of home occupations within legally established dwelling units and /or residential garages that satisfy parking requirements upon the approval of a Home Occupancy Business License. A home occupation must be an incidental, accessory use that is subordinate to the use of the property as a residence. Municipal Code Amendment 12 -01 provides the following regulations to ensure that a home occupation would not result in hydrology and water quality impacts. These regulations include, but are not limited to, the following: 21 • All home occupations shall be conducted only within the enclosed area of the dwelling and shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off - street parking requirements for the applicable zoning district are met. • No more than 200 square feet shall be employed for the use of the home occupation. • No home occupation activity shall create dust, electrical interference, fumes, gas, odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or solid waste, storm drain usage, or other hazards or nuisances other than that normally incidental to residential use of the structure. Home occupations shall not create any other negative effect that may be felt, heard, or otherwise sensed on adjoining parcels, as determined by the Community Development Director. Since strict provisions would regulate a home occupation and because there is no site - specific construction with regard to this project, there is no potential for the increase in stormwater runoff at any particular location. Therefore, no significant impact would result from approval of this project, and no mitigation measures would be required. As previously stated in the project description, Municipal Code Amendment 12 -01 proposes a business license revocation process. If the requirements of the ordinance are not satisfied, or if the home occupation has been operated in violation of any requirements of the license, the license will be subject to the revocation process. 10. LAND USE AND PLANNING The proposed project does not involve changes that would physically divide the established community or degrade the existing land use pattern. Municipal Code Amendment 12 -01 would allow a home occupation to be conducted only within the enclosed area of the dwelling or a garage, provided all off - street parking requirements for the applicable zoning district are met. The residential business activities shall be clearly incidental to the residential use of the structure. The standards required for obtaining the ministerial Home Occupancy Business License limits intensity of the home occupation to an innocuous level. Therefore, Municipal Code Amendment 12 -01 would not lead to significant land use impacts. The proposed project will not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the General Plan or Zoning Ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. Municipal Code Amendment 10 -02 is consistent with the Rosemead General Plan as it provides several regulations to ensure that residential neighborhoods maintain stable and attractive. The proposed regulatory change is not site specific and would not conflict with any applicable habitat conservation plan or natural community conservation plan area. Therefore, no impact would result from implementation of the project and no mitigation measures would be required. 22 11. MINERAL RESOURCES According to the City of Rosemead Resource Management Element, no mineral deposits of statewide or regional importance exist within the City. Therefore, no significant impacts would occur and no mitigation measures would be required 12. NOISE Municipal Code Amendment 12 -01 would allow a home occupation to be only within the enclosed area of the dwelling or a garage, provided all off - street parking requirements for the applicable zoning district are met. The residential business activities shall be clearly incidental to the residential use of the structure. The proposed regulatory change does not involve any construction activity or uses that would impact the City's established Community Noise Equivalent Level (CNEL) for each of its land use designations. The City's General Plan Public Safety Element indicates a Community Noise Equivalent Level (CNEL) for each land use area, of which the project will not affect. Municipal Code Amendment 12 -01 would allow a home occupation to be conducted only within the enclosed area of the dwelling, or a garage provided all off - street parking requirements for the applicable zoning district are met. The residential business activities shall be clearly incidental to the residential use of the structure. The standards required for obtaining the ministerial Home Occupancy Business License limits intensity of the home occupation to an innocuous level. Municipal Code Amendment 12 -01 provides the following regulations to ensure that a home occupation would not result in noise impacts: • The principal character or use of the dwelling within which the home occupation is conducted shall in no way be altered (by the use of color, materials, construction, lighting, signs, sounds noises, vibrations, display of equipment, etc.) so that it may be reasonably recognized as serving a non - residential use. • No motor or mechanical equipment shall be permitted other than that normally incidental to the residential use of the structure, including but not limited to power tools, wood and metal working equipment, auto repair tools and equipment and any other tools or equipment that require a compressor, electrical power or which cause a substantial emanation of noise. • Home occupations may not generate pedestrian or vehicular traffic beyond that considered normal within the surrounding neighborhood. • Electrical or mechanical equipment that creates visible or audible interference in television or radio receivers or causes fluctuations in line voltage outside of the dwelling unit shall be prohibited. • No home occupation activity shall create dust, electrical interference, fumes, gas, odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or solid waste or other hazards or nuisances other than that normally incidental to residential use of the structure. Home occupations shall not create any other negative effect that may be felt, heard, or otherwise sensed on adjoining parcels, as determined by the Community Development Director. 23 As previously stated in the project description, Municipal Code Amendment 12 -01 proposes a business license revocation process. If the requirements of the ordinance are not satisfied, or if the home occupation has been operated in violation of any requirements of the license, the license will be subject to the revocation process. 13. The proposed project will not expose people working in the City to permanent high noise levels. There is no development resulting from approval of this project. The nearest aviation facility is the El Monte Airport, located approximately one mile to the east of the City. The City does not fall within the airport's land use plan. There are no private airstrips located within the City of Rosemead or within its immediate vicinity. Therefore, no significant impacts would occur in the vicinity of a public airport or private airstrip and no mitigation measures would be required. POPULATION AND HOUSING Municipal Code Amendment 12 -01 would allow a home occupation to be conducted only within the enclosed area of the dwelling, or a garage provided all off - street parking requirements for the applicable zoning district are met. The residential business activities shall be clearly incidental to the residential use of the structure. The standards required for obtaining the ministerial Home Occupancy Business License limits intensity of the home occupation to an innocuous level. Municipal Code Amendment 12 -01 provides the following regulations to ensure that a home occupation would not result in population and housing impacts: Any employees associated with the home occupation must be full -time residents of the dwelling. No volunteers, interns or independent contractors shall be part of the home occupation permit. 14. Municipal Code Amendment 12 -01 is not anticipated to induce substantial population growth. Furthermore, there is no specific development involved with this project that would require the extension of infrastructure in an area not previously served. Therefore, no significant impacts would occur and no mitigation measures would be required. The proposed project does not involve demolition or dislocation of any structures. Therefore, no significant impacts would occur and no mitigation measures would be required. PUBLIC SERVICES Municipal Code Amendment 12 -01 would allow a home occupation to be conducted only within the enclosed area of the dwelling, or a garage provided all off - street parking requirements for the applicable zoning district are met. The residential business activities shall be clearly incidental to the residential use of the structure. The standards required for obtaining the ministerial Home Occupancy Business License limits intensity of the home occupation to an innocuous level. Therefore, the approval of Municipal Code Amendment 12 -01 would not increase the demands on existing public services and would not adversely affect fire protection, police protection, schools, parks or other public facilities. 24 15. 16. RECREATION The proposed project will have no direct effect on existing recreational facilities because no new development is associated with the approval of this project. The project will not introduce new permanent populations that would substantially deteriorate parks and recreational facilities through increased use. No increases in the demand for such facilities will occur as a result of this project. Therefore, no impacts would occur and no mitigation measures would be required. The proposed project does not include, nor require, the construction or expansion of recreational facilities. Existing recreational opportunities will not be affected by implementation of the project. Therefore, no impacts would occur and no mitigation measures are required. Municipal Code Amendment 12 -01 would allow the establishment of home occupations within legally established dwelling units and /or residential garages that satisfy parking requirements upon the approval of a ministerial Home Occupancy Business License. A home occupation must be an incidental, accessory use that is subordinate to the use of the property as a residence. Municipal Code Amendment 12 -01 provides the following regulations to ensure that a home occupation would not result in population growth. The code amendment would require that any employees associated with the home occupation must be full -time residents of the dwelling unit. No volunteers, interns or independent contractors shall be part of the Home Occupation Business License. TRAN SPORTATIONITRAF FIC There is no specific development associated with approval of this project and no development rights would be granted by the approval of the proposed project. Municipal Code Amendment 12 -01 would allow the establishment of home occupations within legally established dwelling units and /or residential garages that satisfy parking requirements upon the approval of a ministerial Home Occupancy Business License. A home occupation must be an incidental, accessory use that is subordinate to the use of the property as a residence. Municipal Code Amendment 12 -01 provides multiple regulations to ensure that a home occupation does not have transportation or traffic impacts. These regulations include, but are not limited to, the following regulations: • There shall be no exterior evidence of the conduct of a home occupation. • Required residential off - street parking shall be maintained. Home occupations may not generate pedestrian or vehicular traffic beyond that considered normal within the surrounding neighborhood. 25 • There shall be no motor vehicles used or kept on the premises, except residents' passenger vehicles, and one commercially licensed automobile, pick -up truck, or van. Furthermore, the commercial vehicle shall not exceed % ton. • Any employees associated with the home occupation must be full -time residents of the dwelling. No volunteers, interns or independent contractors shall be part of the home occupation permit. • Electrical or mechanical equipment that creates visible or audible interference in television or radio receivers or causes in fluctuations in line voltage outside of the dwelling unit shall be prohibited. Home occupations that do not meet the standards for a Home Occupation Business License will not be approved. Furthermore, as previously stated in the project description, Municipal Code Amendment 12 -01 proposes a business license revocation process. If the requirements of the ordinance are not satisfied, or if the home occupation has been operated in violation of any requirements the license, the license will be subject to the revocation process. Therefore, the project does not propose any use that would cause any changes, individually or cumulatively, to the level of service standard established by the county congestion management agency for designated roads or highways. No significant impacts would occur and no mitigation measures would be required. The project does not propose any use which could cause any changes to air traffic patterns or a change in location that would result in substantial safety risks. The project does not involve any specific development or regulatory change that would create hazards for a subsequent development proposal. Therefore, no significant impacts would occur and no mitigation measures would be required. The project does not involve any specific development or regulatory change and does not grant any entitlements that would impact emergency access to a particular site. The project does not involve any specific development or regulatory change that could place additional demand on the City's existing vehicle parking supply, nor does it propose alterations to the physical environment of the City that could reduce the amount of available parking. Therefore, no significant impacts would occur and no mitigation measures would be required. 17. UTILITIES AND SERVICE SYSTEMS The City of Rosemead contracts with the Los Angeles County Consolidated Sewer Maintenance District for maintenance of local sewer lines that connect to trunk lines owned and operated by the Sanitation Districts of Los Angeles County, District 15. According to the General Plan EIR, the sewers in the southern portion of the City (south of Interstate 10) are likely operating at or near capacity, while the sewer operation level in the northern part of the City is unknown. However, since the proposed project does not grant any development entitlements or make any alterations to the existing physical environment of the City, it will not cause or contribute to increases in wastewater generation. Therefore, no significant impacts would occur and no mitigation measures would be required. 26 Municipal Code Amendment 12 -01 would allow a home occupation to be conducted only within the enclosed area of the dwelling, and it shall be clearly incidental to the residential use of the structure in residential zoning districts. The business may be located in a garage, provided all off - street parking requirements for the applicable zoning district are met. The standards required for obtaining the ministerial Home Occupancy Business License limits intensity of the home occupation to an innocuous level. Therefore, a home occupation may not result in water, electricity, garbage, sewer, or storm drain usage that exceeds normal residential usage. Municipal Code Amendment 12 -01 provides multiple regulations to ensure that a home occupation does not have utilities and service systems. These regulations include, but are not limited to, the following regulations: Electrical or mechanical equipment that creates visible or audible interference in television or radio receivers or causes fluctuations in line voltage outside of the dwelling unit shall be prohibited. No home occupation activity shall create dust, electrical interference, fumes, gas, odor, smoke, glare, light, noise, vibration, toxic/hazardous materials, liquid or solid waste or other hazards or nuisances other than that normally incidental to residential use of the structure. Home occupations shall not create any other negative effect that may be felt, heard, or otherwise sensed on adjoining parcels, as determined by the Community Development Director Home occupations that do not meet the standards for a Home Occupation Business License will not be approved. Furthermore, as previously stated in the project description, Municipal Code Amendment 12 -01 proposes a business license revocation process. If the requirements of the ordinance are not satisfied, or if the home occupation has been operated in violation of any requirements of the license, the license will be subject to the revocation process. Rosemead is a highly developed area that has an extensive stormwater drainage system in place. Since the proposed project does not grant any development entitlements or significantly alter the type or intensity of land uses permitted within the City, there will be no adverse impacts to the existing stormwater drainage system. The approval of the proposed Municipal Code Amendment will not result in the need to construct new storm drain facilities. Domestic water service in the City is provided by six water purveyors through existing water lines and facilities: Adams Ranch Mutual Water Company, San Gabriel County Water District, Golden State Water Company, Amarillo Mutual Water District, and the San Gabriel Valley Water Company. According to the General Plan EIR, the two smallest purveyors, Adams and Amarillo, are not required to submit urban water management plans (UWMPs). The UWMPs for the four remaining companies, the purveyors source their water from a combination of groundwater and imported water. Groundwater comes from the San Gabriel Valley Groundwater Basin, part of which lies directly under the City. Imported water is purchased from the Upper San Gabriel Valley Municipal Water District, which in turns purchases water from the larger Metropolitan Water District. The imported water is used mainly for groundwater recharge. 27 As previously stated, current policies and practices ensure that the City's water supply can accommodate the future level of growth projected in the City's General Plan. Additionally, Municipal Code Amendment 12 -01 is not a development project or land use plan and will not grant development entitlements or significantly change the type or intensity of land uses from those anticipated in the existing General Plan and analyzed in the General Plan EIR. There will be no adverse groundwater impacts. The City of Rosemead contracts with Consolidated Disposal Services for solid waste and refuse collection services. According to the General Plan EIR, the City disposes approximately 66,000 tons of waste to landfills annually. Most solid waste collected in Rosemead is driven to the Bel -Art Waste Transfer Station in Long Beach, where it is moved onto larger trucks and taken to the Chiquita Canyon landfill in Santa Clarita. About 60 percent of solid waste collected in the City ends up at Chiquita Canyon, while 30 percent goes to the Puente Hills landfill in City of Industry. The remaining 10 percent is burned for energy, composted, or used in other ways. The General Plan EIR states that projected levels of growth under General Plan land use policies would increase the City's solid waste generation by approximately 484 tons per week, which is only one percent of the combined capacity of the two landfills. However, Puente Hills is scheduled to close in 2013, while Chiquita Canyon is scheduled to close in 2019. Once this occurs, the City's increased waste generation will have to be absorbed by other facilities. While the issue of solid waste generation is ongoing and serious, the approval of Municipal Code Amendment 12 -01 will not contribute to it. Municipal Code Amendment 12 -01 does not grant any development entitlements or significant change the types or intensities of land uses contained in the General Plan. Thus, it would not increase the population or the generation of solid waste in the City. The City of Rosemead is currently complying with AB 939. The City has entered into a multijurisdictional agreement as a member of the Los Angeles Area Integrated Waste Management Association, which has an approved diversion rate of 59 percent. The City will continue to comply with the all federal, state and local statues and regulations related to solid waste. 18. MANDATORY FINDINGS OF SIGNIFICANCE The purpose of Municipal Code Amendment 12 -01 is to establish specific standards and procedures to allow home occupations to be conducted in the residential zones of the City. These residential zoning districts include the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO (Residential /Commercial Mixed Use Development Overlay) zones. The regulations and procedures set forth in Municipal Code Amendment 12 -01 are intended to ensure that home occupations are compatible with the character of City of Rosemead's residential neighborhoods and have minimal impact on the surrounding properties. Municipal Code Amendment 12 -01 would allow a home occupation to be conducted only within the enclosed area of the dwelling, or a garage provided all off - street parking requirements for the applicable zoning district are met. The residential business activities shall be clearly incidental to the residential use of the structure. The most common home occupations are office uses for businesses such as accountants, internet sales, certain types of contractors and other similar operations where the primary means of contact are by phone, mail, internet or other similar means. E-3 Municipal Code Amendment 12 -01 establishes a ministerial permitting process. The approval of a Home Occupation Business License shall be obtained from the City of Rosemead Community Development Department prior to establishing a home occupation. A Home Occupation Business License must comply with all of the following standards: Use and Location: All home occupations shall be conducted only within the enclosed area of the dwelling and shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off - street parking and setback requirements for the applicable zoning district are met. No more than 200 square feet shall be employed for the use of the home occupation. Appearance: There shall be no outdoor display, sales or storage of materials or equipment related to the home occupation on the premises. There shall be no exterior evidence of the conduct of a home occupation. The principal character or use of the dwelling within which the home occupation is conducted shall in no way be altered (by the use of color, materials, construction, lighting, signs, sounds noises. vibrations, display of equipment, etc.) so that it may be reasonably recognized as serving a non - residential use. Employees: Any employees associated with the home occupation must be full - time residents of the dwelling. No volunteers, interns or independent contractors shall be part of the Home Occupation Business License . Nuisances: No motor or mechanical equipment shall be permitted other than that normally incidental to the residential use of the structure, including but not limited to power tools, wood and metal working equipment, auto repair tools and equipment and any other tools or equipment that require a compressor, electrical power or which cause a substantial emanation of noise. No storage of materials and /or supplies, indoors or outdoors, shall be permitted that will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood. No home occupation activity shall create dust, electrical interference, fumes, gas, odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or solid waste or other hazards or nuisances other than that normally incidental to residential use of the structure. Home occupations shall not create any other negative effect that may be felt, heard, or otherwise sensed on adjoining parcels, as determined by the Community Development Director. Traffic: Home occupations may not generate pedestrian or vehicular traffic beyond that considered normal within the surrounding neighborhood. Required residential off - street parking shall be maintained. There shall be no motor vehicles used or kept on the premises, except residents' passenger vehicles, and one commercially licensed automobile, pick -up truck, or van. Furthermore, the commercial vehicle shall not exceed' /<ton. Safety: Electrical or mechanical equipment that creates visible or audible interference in television or radio receivers or causes fluctuations in line voltage outside of the dwelling unit shall be prohibited. Activities conducted and c e equipment or materials used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of flammable, explosive, or hazardous materials. Municipal Code Amendment 12 -01 has been written to allow home based business activities that will have little to no effect on the surrounding residential neighborhood. Therefore, there is no potential that the approval of Municipal Code Amendment 12 -01 will negatively impact the environment, individually or cumulatively, or to cause harm to human beings. 30 References 1. City of Rosemead General Plan (adopted 2008; amended 2010) 2. City of Rosemead General Plan EIR 3. City of Rosemead Municipal Code 4. California Department of Conservation, Farmland Mapping and Monitoring Program 5. South Coast Air Quality Management District 2007 AQMP www.agmd.gov 6. South Coast Air Quality Management District 2008 Air Quality Data www agmd.gov 7. California Integrated Waste Management Board www.ciwmb.ca.gov 8. California Department of Conservation, Division of Mines and Geology, Special Studies Zones (El Monte Quadrangle, 1999) wvvw.conservation.ca.gov 9. California Department of Conservation, Division of Mines and Geology, Seismic Hazard Zones (El Monte Quadrangle, 1999) www. conservation. ca . clov 10. Los Angeles County Department of Public Works, www.dpw.lacounty.gov 11. State Water Resources Control Board, http / /geotracker.swrcb.ca.gov /map/ 12. Federal Emergency Agency, Flood Insurance Rate Map 00059CO036H 13. California Integrated Waste Management Board, www.ciwmb.ca.gov 14. California Department of Finance, www.dof.ca.gov 31 ATTACHMENT C RESOLUTION 2012 -70 A RESOLUTION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADDING A HOME OCCUPATION BUSINESS LICENSE FEE WHEREAS, a new Home Occupation Ordinance has been adopted by the City Council of the City of Rosemead, California, as Ordinance No. 925, and WHEREAS, an important element of the ordinance is the licensing of home occupation business owners to provide assurance to residents of the City that home occupations will not disrupt, become a nuisance, disturb, or modify the character of the residential zones within the City of Rosemead, and WHEREAS, business owners of home occupations must abide by the requirements of the ordinance when conducting home occupation activities, and WHEREAS, The primary method of assuring that the requirements of the ordinance are being met by home occupation business owners is through the business license process that subjects business owners to operation regulations and ongoing licensing requirements, and WHEREAS, in accordance with Proposition 26, the City is entitled to recover those costs of enforcing the terms of the ordinance by collection of business license fees; and WHEREAS, the City currently requires a business licenses for a professional commercial business; and WHEREAS, the City wants to place home occupation businesses on a substantially similar basis as it treats other professional occupation business owners in nonresidential zones; and WHEREAS, the City has determined that based on the personnel costs of City staff and the time expected to be needed to review applications, along with the costs associated with the enforcement of the regulations, that the costs of processing business license applications are substantially covered and are not exceeded by the fees proposed below. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Rosemead City Council imposes the following business license fees: Home Occupation Business License (New License) $100.00 1 Home Occupation Business License (Renewal) $ 50.00 SECTION 2. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED, APPROVED, and ADOPTED this 8 th day of January, 2013. Sandra Armenta, Mayor City of Rosemead, California ATTEST: Gloria, Molleda, City Clerk City of Rosemead, California: APPROVED AS TO FORM Rachel H. Richman, City Attorney Burke, Williams & Sorensen, LLP ATTACHMENT D T O C U (d � C N h G y N w � o � >, o Y . ..y Y U � a 0 U U 4J O t d o 0 0 0 o p o 3 c Q e a ds (A vj vi vi cs) vj N O N O O O O O Lt ' z „ U us tsf sA 603 di 6A va O O y z o u z z z z z } .} Z z r z z } r. N N N Q U c i2 iE v E 5 5 5, 5 r . •y = m A t m c OD OD OD b0 00 m c c c c e U c t r s r z E 'p •� U V U V U � N � ' 'O L ' pppdpppp j Q O O O O O x 0 c o � c U � U U O � G y d E E °° E E E a` a` '3 0 a` a` i - o o 3 0 0 0 z z 0 0 z z z N � � C y 0 � Vi U u c U n l O E A (� a C C CA ATTACHMENT E ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: NOVEMBER 19, 2012 SUBJECT: MUNICIPAL CODE AMENDMENT 12 -01, AMENDING THE ROSEMEAD MUNICIPAL CODE TO ADD REGULATIONS PERTAINING TO THE LICENSING AND OPERATION OF HOME OCCUPATIONS IN THE CITY OF ROSEMEAD SUMMARY Municipal Code Amendment 12 -01 consists of City of Rosemead initiated amendments to revise Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Rosemead Municipal Code. The purpose of the amendments is to allow home occupations as an incidental, accessory use in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO (Residential /Commercial Mixed Use Development Overlay) zoning districts. The regulations and procedures set forth in Municipal Code Amendment 12 -01 are intended to ensure that home occupations are compatible with the character of the City of Rosemead's residential neighborhoods. The regulations are designed to ensure that approved home occupations will not disrupt, become a nuisance, disturb, or modify the character of the residential areas within the City of Rosemead. ENVIRONMENTAL DETERMINATION An Initial Study of Environmental Impacts was prepared recommending the adoption of a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) guidelines (the Initial Study and Negative Declaration are attached to this report as Exhibit A). The Initial Study is an environmental analysis of the proposed municipal code amendment to determine if the proposed revisions to the municipal code will have potentially significant effects on the environment. This study found that there are no potentially significant environmental impacts that could occur with the adoption of the proposed code amendment. A Notice of Intent to Adopt a Negative Declaration was distributed for a 20 -day public review and comment period from October 29, 2012 to November 19, 2012. If the Council is inclined to approve this project, the Council must make findings of adequacy with the environmental assessment and adopt the Negative Declaration. Planning Commission Meeting November 19, 2012 Paqe 2 of 5 STAFF RECOMMENDATION It is recommended that that the Planning Commission ADOPT Planning Commission Resolution No. 12 -20 (Exhibit B), a resolution recommending that the City Council ADOPT Ordinance No. 925 (Exhibit C) adding Chapter 5.41 to the Rosemead Municipal Code pertaining to the licensing and regulation of home occupations and amending Chapters 17.16, 17.20, 17.24, and 17.74 of the Rosemead Municipal Code pertaining to the zoning requirements for home occupations. BACKGROUND The existing Rosemead Municipal Code (RMC) does not currently contain provisions for home occupations. A home occupation is typically defined as a business activity that results in a product or service for financial gain and is conducted whole or in part in the dwelling unit or garage, and is clearly an accessory or incidental use and subordinate to the residential use of the dwelling unit. The most common home occupations are office uses for businesses such as accountants, internet sales, certain types of contractors, and other similar operations where the primary means of contact are by phone, mail, and internet. There has been a trend for cities to allow home occupations in residential zoning districts, as they can provide numerous benefits for both home workers and the community. Cities do not generally experience that the residential business activities affect the surrounding neighborhood when they are conducted in accordance with appropriate licensing and operation regulations. Home occupations have the potential to provide useful services for communities. They encourage business growth by eliminating the need for some small businesses to rent commercial space, a factor which could make a difference if someone is just starting out. Working at home can save commuting and child care costs, and can give those who might not be able to work outside of the home an opportunity to earn a living (i.e. single - parents, elderly, disabled, etc.). Allowing people to work in their homes can cut down on traffic congestion and the need for parking in commercial areas. It also creates activity in residential neighborhoods that might otherwise be deserted during the day, which can be a deterrent to crime and a benefit to children who may be home alone after school. Municipal Code Amendment 12 -01 has been drafted to allow home occupations in residential zoning districts in the City of Rosemead. The code amendment proposes a licensing procedure, as well as operation regulations, to assure that home occupations do not disrupt, become a nuisance, disturb, or modify the residential character of the City's established residential neighborhoods. Planning Commission Meeting November 19, 2012 Paoe 3 of 5 ANALYSIS The approval of Municipal Code Amendment 12 -01 would allow home occupations as an incidental accessory use in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO (Residential /Commercial Mixed Use Development Overlay) zoning districts. The regulations and procedures set forth in Municipal Code Amendment 12 -01 are intended to assure that the residential commercial activities do not degrade the existing visual character or quality of life within the residential areas. Proposed Regulations - Overview Municipal Code Amendment 12 -01 would restrict a home occupation to a business activity that is conducted only within the enclosed area of the dwelling that shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off - street parking requirements for the applicable zoning district are met. The code amendment also establishes an administrative permitting process. The approval of a Home Occupation Business License shall be obtained from the City of Rosemead Community Development Department prior to establishing a home occupation. General requirements have been drafted to restrict outdoor display, storage of materials or equipment, pedestrian and vehicular traffic, property appearance, and nuisances. Lastly, the amendment proposes a business license revocation process if the requirements of the ordinance are not satisfied. If there is any criminal activity associated with the residence or if the home occupation has been operated in violation of any requirements of the license, the license will be subject to the revocation process. Summary of General Requirements Below is a summary the proposed home occupation general requirements. A home occupation will be required to remain subordinate to the residential use of the dwelling as a way to limit the activity's impact on the neighborhood. To accomplish this goal, no more than two hundred (200) square feet shall be employed for the use of the home occupation. Furthermore, any employees associated with the home occupation will be required to be full -time residents of the dwelling. 2. To protect the appearance of existing residential neighborhoods, the ordinance prohibits outdoor display, sales, or storage of materials or equipment related to the home occupation on the premises. Furthermore, the property will not be allowed to be altered (by the use of color, materials, construction, lighting, signs, sounds noises, vibrations, display of equipment, etc.) so that it may be reasonably recognized as serving a non - residential use. Planning Commission Meeting November 19, 2012 Page 4 of 5 3. To ensure that traffic (vehicular and pedestrian) levels in the residential areas are not altered, the code amendment sets limitations on vehicles used in conjunction with the home occupation. Required residential off - street parking shall be maintained. There shall be no motor vehicles used or kept on the premises, except residents' passenger vehicles, and one (1) commercially licensed automobile, pick -up truck, or van. Furthermore, the commercial vehicle shall not exceed % ton. 4. Several performance standards have been added to prevent nuisances. A home occupation activity shall not create dust, electrical interference, fumes, gas, odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or solid waste, or other hazards or nuisances other than that normally incidental to residential use of the structure. Home occupations shall not create any other negative effect that may be felt, heard, or otherwise sensed on adjoining parcels. 5. To protect the safety of the general welfare of the residents in the surrounding area, the code will prohibit electrical and mechanical equipment that creates visible or audible interference in television or radio receivers or causes fluctuations in line voltage outside of the dwelling unit. Activities conducted and equipment or materials used will not be allowed to change the fire safety or occupancy classifications of the premises. The use shall also not employ the storage of flammable, explosive, or hazardous materials. Home Occupation Business License Requirement This ordinance establishes a licensing requirement for the owners of a home occupation business. No person may establish or operate a home occupation business within the City without first obtaining, and continuing to maintain in full force and effect, a home occupation business license. The license must be renewed on an annual basis, provided that the owner and the business continue to meet all applicable requirements of the proposed ordinance. A one -step application process requires the business owner to submit an application to the Community Development Department that contains general contact information, information on the type and location of the business, as well as property owner approval if the business owner is a renter. Each applicant will also be required to sign a declaration on the application acknowledging their understanding and indicating their intention to comply with the operation requirements. Home Occupation Business License Fees Staff will be recommending that the City Council adopt a revised fee resolution to create new Home Occupation Business License fees. Staff completed a fee survey of the cities that surround the City of Rosemead in order to determine an appropriate fee. Staff found that the surrounding cities on average charge higher fees than what the City of Rosemead charges for a Professional Business License. For this reason, staff is proposing to place home occupation businesses on a substantially similar basis as it treats other professional occupation business owners in nonresidential zones. Therefore, a first -time application fee of $100.00 and an annual renewal fee of $50.00 will be proposed. Planning Commission Meeting November 19, 2012 Paoe 5 of 5 MUNICIPAL CODE REQUIREMENTS Chapter 17.116 of the Rosemead Municipal Code sets forth the procedures and requirements for zone changes and amendments. A municipal code amendment may be permitted whenever the public necessity, convenience, general welfare, or good zoning practice justifies such action. Municipal Code Amendment 12 -01 is in the best interest of the public necessity and general welfare. Good city planning practice dictates and supports the proposed municipal code amendment, in that the change to the Rosemead Municipal Code will provide a superior level of planning and protection to the quality and character of the City. Municipal Code Amendment 12 -01 is consistent with the Rosemead General Plan Land Use Goals and Policies. Since a home occupation would be an incidental, accessory use to the primary use of residential property, the approval of home occupation regulations would not alter the purpose or intent of the residential land use categories in the City. The adoption of a unified set of regulatory standards for home occupations is consistent with Land Use Goal 5 to target land use changes that improve housing and economic opportunities for residents and businesses, and achieve fiscal and environmental objectives. The public necessity, convenience, and general welfare will be served by the adoption of the home occupation regulations that provide for a ministerial licensing process requiring the residential business activity to comply with standards that restrict use, location, employees, vehicles, traffic, appearance, storage, and nuisances. PUBLIC NOTICE PROCESS Pursuant to California Government Code Section 65091, this public hearing notice has been published in at least one newspaper of general circulation within the local agency, as the number of owners of real property within 300 feet of the project site is greater than 1,000. Lastly, this notice was also posted in six (6) public locations, specifying the availability of the application, plus the date, time, and location of the public hearing. Submitted by: (4�tv 6 - " Michelle Ramirez Community Development Director Exhibits: A. Initial Study and Negative Declaration B. Planning Commission Resolution No. 12 -20 C. Draft Ordinance No. 925 ATTACHMENT F Minutes of the PLANNING COMMISSION MEETING November 19, 2012 The regular meeting of the Planning Commission was called to order at 7:00 p.m., by Chair Ruiz in the Council Chambers, 8838 E. Valley Boulevard, California. PLEDGE OF ALLEGIANCE - Commissioner Herrera INVOCATION - Commissioner Eng ROLL CALL - Commissioners Eng, Herrera, Saccaro, and Chair Ruiz ABSENT — Vice -Chair Hunter ROLL CALL OF OFFICERS PRESENT: City Attorney Murphy, Community Development Director Ramirez, Planning Technician Casillas, and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Greg Murphy, City Attorney, presented the procedures of the meeting and explained there will not be any appeal of the items tonight because they are both advisory items being recommended to the City Council. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS A. GENERAL PLAN AMENDMENT 11.02, ZONE CHANGE 11.02. AND MODIFICATION 12.01 - General Plan Amendment 11.02 will change the dual land use designations from Commercial and Medium Density Residential to Medium Density Residential. Zone Change 11.02 will change the dual zoning designations from P (Parking) and R -2 (Light Multiple Residential) zones to R -2 (Light Multiple Residential) zone. Modification 12.01 will modify existing Condition Use Permit 86.350 requesting to construct a new 2,408 square foot Buddhist Temple located at 2751 Del Mar Avenue. PC RESOLUTION 12.21 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT 11.02, CHANGING THE DUAL LAND USE DESIGNATIONS FROM COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL, AND ZONE CHANGE 11.02, CHANGING THE DUAL ZONING CLASSIFICATIONS FROM P (PARKING) AND R -2 (LIGHT MULTIPLE RESIDENTIAL) ZONES TO R -2 (LIGHT MULTIPLE RESIDENTIAL) ZONE AND APPROVING MODIFICATION 12.01 REQUESTING TO CONSTRUCT A NEW 2,408 SQUARE FOOT BUDDHIST TEMPLE, LOCATED AT 2751 DEL MAR AVENUE. STAFF RECOMMENDATION - It is recommended that the Planning Commission ADOPT Resolution No. 12.21, as well as recommend that the City Council APPROVE Resolution 2012.74 and ADOPT the Mitigated Negative Declaration, amending the General Plan Land Use Map and the Zoning Map and allowing the construction of a 2,408 square foot Buddhist Temple. General Plan Amendment 11.02 will change the dual land use designations from Commercial and Medium Density Residential to Medium Density Residential. Zone Change 11 -02 will change the dual zoning designations from P (Parking) and R -2 (Light Multiple Residential) zones to R -2 (Light Multiple Residential) zone. Planning Technician Casillas presented staff report. Chair Ruiz asked the Planning Commission if they had any questions for staff. Commissioner Saccaro referred to Exhibit "D" item 20 and asked if there will be more than forty -four (44) persons at a time for several occasions. Planning Technician Casillas explained that the prayer area is limited in size to forty -four (44) people. Community Development Director Ramirez added that if there is an event where more than forty -four (44) persons will attend that the applicant would have to contact the Planning Division to apply for a Special Event permit. She explained a few conditions that would trigger a Special Event permit (i.e. number of people attending, music, and sound). Commissioner Saccaro asked if the forty -four (44) people only apply to the internal of the building. Planning Technician Casillas replied yes. Commissioner Eng asked if there is a Condition of Approval that if it exceeds the maximum occupancy of forty-four (44) people it is required that they contact staff to obtain a Special Event permit. Planning Technician Casillas replied no, the interior of the building is limited to forty-four (44) occupants in the prayer area based on size alone due to safety issues. She explained if there are special events or ceremonies that will include larger members of their community it will need to be held outside of the building. Commissioner Eng asked if that is when the applicant will have to come in to obtain a Special Event permit. Community Development Director Ramirez replied it may be possible, but they would have to meet certain conditions (i.e. more than 500 in attendance, live music/entertainment, or if they need to use city services such as the Sheriffs Department) for a Special Event permit to be issued. She added these are the same conditions that would apply to anyone wishing to obtain a Special Event permit. Chair Ruiz stated according to the Rosemead Municipal Code a Special Event permit would need to be obtained. He asked staff if the color of the rod iron rail which is currently yellow will remain the same color. Planning Technician Casillas replied no and explained new fencing is being proposed along the front and it will be painted black. Commissioner Eng asked if all the food preparation and cooking will be done indoors once the new building is built. Planning Technician Casillas replied yes. Chair Ruiz referred to Condition of Approval number eight (8) and made a correction and stated that it should read; "6" tall with a minimum character width of 314 "." Planning Technician Casillas agreed to the correction. Chair Ruiz opened the Public Hearing and invited the applicant to the podium. Frank Nguyen, architect for the applicant, and Hoa Nguyen, representative for the applicant, stated they are present to answer any questions the Planning Commission may have Chair Ruiz asked if the Planning Commissioners had any questions for the representatives. Commissioner Eng asked where their members currently park for large gatherings. Frank Nguyen replied they have three (3) events per year and members park in the commercial lot across the street and in the neighborhood. Juan Nunez, resident, asked if there is enough parking for this proposed project. Chair Ruiz replied yes according to the Rosemead Municipal Code they do. Chair Ruiz asked if there were any further questions or comments from the public. None Chair Ruiz closed the Public Hearing and asked if the Planning Commission had any further questions or comments. Commissioner Herrera commented that it sounds like there is a maximum of one hundred (100) when there is a special event, it will not impact the community, and meets the parking requirement. Chair Ruiz asked the Planning Commission if there were any other comments. None Chair Ruiz asked for a motion Commissioner Eng made a motion, seconded by Commissioner Herrera, to ADOPT Resolution No. 12.21, as well as recommend that the City Council APPROVE Resolution 2012.74 and ADOPT the Mitigated Negative Declaration, amending the General Plan Land Use Map and the Zoning Map and allowing the construction of a 2.408 square foot Buddhist Temple. General Plan Amendment 11.02 will change the dual land use designations from Commercial and Medium Density Residential to Medium Density Residential. Zone Change 11.02 will change the dual zoning designations from P (Parking) and R -2 (Light Multiple Residential) zones to R -2 (Light Multiple Residential) zone. Vote resulted in: Yes: Eng, Herrera, Saccaro, Ruiz No: None Abstain: None Absent: Hunter Greg Murphy, City Attorney, explained that there is no appeal and instead this is a recommendation to City Council. He stated that staff will let the Planning Commission know when the matter is scheduled to go before the City Council. He added because there are two (2) items (Zone Change and Modification) there will be two hearings before the City Council in order to move the ordinance through and staff will let the Planning Commission know when the first one will be heard. B. MUNICIPAL CODE AMENDMENT 12.01, AMENDING THE ROSEMEAD MUNICIPAL CODE TO ADD REGULATIONS PERTAINING TO THE LICENSING AND OPERATION OF HOME OCCUPATIONS IN THE CITY OF ROSEMEAD - Municipal Code Amendment 12 -01 consists of City of Rosemead initiated amendments to revise Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Rosemead Municipal Code. The purpose of the amendments is to allow home occupations as an incidental, accessory use in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO (Residential /Commercial Mixed Use Development Overlay) zoning districts. The regulations and procedures set forth in Municipal Code Amendment 12.01 are intended to ensure that home occupations are compatible with the character of the City of Rosemead's residential neighborhoods. The regulations are designed to ensure that approved home occupations will not disrupt, become a nuisance, disturb, or modify the character of the residential areas within the City of Rosemead. PC RESOLUTION 12.20 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD. COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE A NEGATIVE DECLARATION AND ADOPT MUNICIPAL CODE AMENDMENT 12.01 ADDING NEW CHAPTER 5.41 TO THE ROSEMEAD MUNICIPAL CODE PERTAINING TO THE LICENSING AND REGULATION OF HOME OCCUPATIONS; AND AMENDING CHAPTERS 17.16, 17.20, 17.24, AND 17.74 OF THE ROSEMEAD MUNICIPAL CODE PERTAINING TO THE ZONING REQUIREMENTS FOR HOME OCCUPATIONS. STAFF RECOMMENDATION - It is recommended that that the Planning Commission ADOPT Planning Commission Resolution No. 12.20, a resolution recommending that the City Council ADOPT Ordinance No. 925 adding Chapter 5.41 to the Rosemead Municipal Code pertaining to the licensing and regulation of home occupations and amending Chapters 17.16, 17.20, 17.24, and 17.74 of the Rosemead Municipal Code pertaining to the zoning requirements for home occupations. Community Development Director Ramirez presented staff report. Chair Ruiz asked the Planning Commission if they had any questions for staff. Commissioner Eng asked how many neighboring cities have this ordinance. Community Development Director Ramirez replied Alhambra, El Monte, Montebello, Monterey Park, and Temple City. Commissioner Saccaro added that the City of Duarte also has this ordinance. Commissioner Herrera asked if this will require the homeowner /applicant to come in and apply for a permit to do business. Community Development Director Ramirez replied it will require that an application be filled out to obtain a home occupation business license. Commissioner Herrera asked if someone is an office worker doing intemet work would they have to go to City Hall to obtain a permit. Community Development Director Ramirez replied it would require them to obtain a business license, so they can then operate that home occupation out of their home. Commissioner Herrera expressed concern that a large amount of people may be working out of their home. Community Development Director Ramirez stated there is probably a large amount of people doing this illegally already and now they will be able to do it legally. Commissioner Eng asked how it will be distinguished if the use is a home occupation or a hobby. Community Development Director Ramirez replied if they make an income from it, then it is a home occupation Chair Ruiz stated if it is reported to the I.R.S., then it is a home occupation. Commissioner Eng expressed concern and asked if someone who has an office job and works from home, the only way they can work/telecommute from home, is to come into City Hall to obtain a business license. Community Development Director Ramirez stated K they are telecommuting for one day, then that would be different. She explained if the main function is working out of their home and if the home address if filed with the I.R.S. as their place of business, then it would require a home occupation business license. Commissioner Eng asked if it will be required to show tax files to obtain a home occupation business license. Community Development Director replied no, and explained that is not in the application process at this time. Commissioner Eng expressed concern that this may be difficult because so many people do work from home. Community Development Director Ramirez explained the idea for a home occupation business license is when their home is the primary location where they conduct their business and make an income. She explained having an office elsewhere and simply bringing work home would not require a home occupation business license. Commissioner Eng expressed that it is important to be able to distinguish that because currently many people work from home. Community Development Director Ramirez stated that most of the calls received are from residents that are working from their homes. She explained one of the ways staff will research if a business is being illegally run out of a home is by in- putting the address into the HDL system and determining if sales tax is reported from that address. Commissioner Eng asked if staff has received complaints from residents in regards to businesses ran from homes. Community Development Director Ramirez replied no, but staff does receive calls from residents requesting home occupation business licenses and the city ordinance does not currently allow it. She explained if a home occupation is operating now it is being done illegally. Commissioner Eng asked if someone is doing carpentry from their home as a hobby how will it be distinguished from a home occupation. Community Development Director Ramirez replied if sales tax is being reported from the address then it would be considered a business. Commissioner Eng expressed concern that this item is important but it is also important to preserve the residential quality of residential neighborhoods. She stated when this Ordinance goes into effect she would hope that this does not impede or stifle entrepreneurs ability to innovate and work. Commissioner Saccaro stated this will enhance the opportunity for entrepreneurs to start their businesses because now they will have the opportunity to be able to conduct their business from their home and grow. Community Development Director Ramirez stated that if someone is working from their home once or twice a week the chances are very slim that the the neighborhood would even know it. Commissioner Eng stated business licenses are approved at an administrative level and asked what the options are if the public has a concern with a business licensed that has been issued. Community Development Director Ramirez replied that the Ordinance states that an appeal may filed in the City Managers office for a hearing. Commissioner Eng commented that the Ordinance refers to a denial of the business license. Community Development Director Ramirez clarified that it does refer to a denial or revocation, and explained that if the public had a concern they would still have the option to file the complaint in the City Managers office at anytime regarding any department or concern. Commissioner Eng referred to page four (4); item four (4); (Performance Standards) of the staff report and asked how would this item would affect homes that have a residency in the front and a business in the rear. Planning Technician Casillas asked Commissioner Eng if she is referring to a non - conforming parcel with dual uses. Commissioner Eng replied yes. Planning Technician Casillas explained that the home based business is being put into place to allow businesses to operate, it is not going to allow a business to operate entirely out of a residential home and there will be limitations put on it. She explained where there is a business in the front there is no change to that building, but if there with a small residential home in the back there is no reason why they could not run a home based business and remain a residential use. Commissioner Eng expressed concern that the parcel she is referring to may become a violation under this ordinance. Greg Murphy, City Attorney stated it sounds like it may be a legal non - conforming use because it is legal right now, so the home occupation ordinance would not cause it to become illegal and explained why. Planning Technician Casillas explained that the parcel Commissioner Eng is referring to with dual uses may be on a commercial boulevard, which would then be zoned as commercial and would not be affected by this ordinance. She explained this ordinance is not for commercial zoning and would only affect properties that are zoned as R -1, R -2, R- 3, and mixed -use. Commissioner Eng expressed that the parcel she is concerned with and referring to is on Stingle Avenue. Community Development Director Ramirez stated staff can contact Code Enforcement to check on the property and see if there is a business that should not be there. Chair Ruiz stated this is one of the reasons why home occupation business licenses are being put into place to be able to distinguish elements, such as the one being discussed, so that Code Enforcement has some leverage. Community Development Director Ramirez explained currently home occupations are not allowed, so if the city received a call the occupant would receive a notice to discontinue the use. Commissioner Eng asked what the current business license fee is. Community Development Director Ramirez replied for a new professional occupation business the fee proposed is one hundred ($100.00) dollars and the yearly renewal fee proposed is fifty ($50.00) dollars. Commissioner Eng asked if residents will be charged the same fee for home occupations as the commercial business owner. Community Development Director Ramirez replied they will be charged as a professional occupation fee and explained there are different fees for different businesses. Commissioner Eng expressed concern with the fee for home occupations. She explained the volume of a home business may not be on the same scale of a storefront and the fee may not be equitable for a home occupation fee. Community Development Director Ramirez read a list of other surrounding cities which require home based business license procedures and included their initial fees and renewal fees. Commissioner Herrera asked if those fees also included commercial business license fees. Community Development Director Ramirez replied no, the survey only included home occupation business licensing. She also stated that the fees will be presented to City Council for approval. Commissioner Eng stated because home occupations is being implemented for the first time it is important that the Planning Commission discuss the fees. Commissioner Herrera expressed that home occupations will not have the same expenses as a storefront such as rent or other necessary fees. She added the fee set for home occupations does not sound unreasonable. Commissioner Eng referred to the Ordinance 5.41.090 on page seven (7) letter (0) and read number four (4) and asked if crafts that are sold on -line will that be allowed. Community Development Director Ramirez replied yes, they will be permitted and explained the idea is to keep foot traffic away from coming into the home and doing actual sales from the home. Commissioner Eng referred to 5.41.120 Appeals, page nine (9), and read item (D) and asked what California Code of Civil Procedure Section 1094.8 is and what does it remedy. Greg Murphy, City Attorney, explained it is the ability to seek a writ of mandate stating that the final administrative decision was unfair, inequitable, or illegal and explained the reasoning of why it was added. Commissioner Eng clarified that if the person appealing is not satisfied with the appeal decision then they have the option to take it to court. She referred to page ten (10), 5.41.140 under Violations and read item (C) and asked for clarification on what will happen if the nature of the business is illegal. Greg Murphy, City Attorney, explained that if the activity is criminal or illegal in nature, it is so because it violates a portion of the Penal Code or another statue. He stated it is not criminal because it violates the city's ordinance here; this is a limitation on the manner in which the city would go through the code enforcement process as to a violation of this code. He stated this is not saying the city will not use its criminal code enforcement powers but will consider anything of a civil or administrative function. Commissioner Eng asked if this will preclude the city's ability to pursue illegal activities. Greg Murphy, City Attorney, replied no. Commissioner Eng referred to page eight (8), 5.41.100 Prohibited uses, and asked if the list is examples or are these the particular items that are prohibited. 7 Community Development Director Ramirez replied this is a list of prohibited activities and it states examples so there may be additional occupations added. Commissioner Eng stated that Brian Lewin resident of Rosemead submitted a letter with his comments. Community Development Director Ramirez stated the Public Hearing will need to be open before those comments are admitted. Chair Ruiz opened the Public Hearing and handed the Planning Commission a copy of Brian Lewin's comments that was e- mailed to Community Development Director Ramirez. Greg Murphy, City Attorney, stated this will be entered into the record with respect to the Planning Commissioners decision tonight and the record that will before the City Council when it receives the Planning Commission's recommendation. Chair Ruiz asked the Planning Commission if there were any questions or comments on Brian Lewin's comments. Commissioner Eng stated Brian Lewin's comment about the commercial vehicle permit and asked how it can be resolved under this ordinance. Community Development Director Ramirez referred to Brian Lewin's document and stated that it makes a comment regarding a commercial vehicle residential parking permit program. She stated that she has spoken with the Chief of Police and the Assistant City Manager and there is currently no such program nor is there one being developed at this time. Chair Ruiz asked for clarification on what the current commercial vehicle code is. Community Development Director Ramirez stated that parking on public streets is not being addressed and for home occupations commercial vehicles must be parked on their premises. Commissioner Eng commented that Brian Lewin's comment was in reference to an ordinance that City Council passed and that the program has not been developed and asked if there was a statue in place in regards to that. Community Development Director Ramirez replied no and explained under the Municipal Code there is a section that talks about any overweight vehicle (more than 6000 Ibs or more or eighty (80) inches in width) can be cited. She stated for home occupations we are talking about vehicles being parked on the premises and not the public right -a- way. Commissioner Eng asked about Brian Lewins comment in regards to the food service. Community Development Director Ramirez replied that she has spoke with both the State and County Department of Public Health and also with the County and they both have indicated that doing any type of catering from the home is very difficult to get it approved for several reasons. She stated you must have a certified commercial kitchen and you must also meet all of California's environmental safety, electrical, plumbing, ventilation, and waste management codes including the installation of grease inceptors. She added that Brian Lewin did make one notation under "Prohibited uses for boat repair and request that it be changed to read, "Testing, maintenance, repair, towing, or storage of any boat, aircraft or motorized vehicle ". Community Development Director Ramirez stated that staff is not opposed to changing this if the Planning Commission wishes to. Commissioner Eng expressed concern with residents who would like to detail their car at home as a hobby Community Development Director Ramirez stated this is strictly for anyone applying for a home occupations license Commissioner Eng referred to page 8, 5.41.100 Prohibited Uses, and confirmed what language is being put into place for Boat Repair and Vehicle Repair and asked if the same language will be used. Community Development Director Ramirez replied no, and under "boat repair" is suggesting and it reads "Testing, maintenance, repair, towing, or storage of any boat, aircraft, or motorized vehicle," per Brian Lewin's request. Commissioner Eng stated she has no problem with the change as long as staff feels it is appropriate. Chair Ruiz asked the Planning Commission if they all agreed with this recommendation. Planning Commissioners Herrera and Saccaro both replied it is a good recommendation. Chair Ruiz stated that change will be made under boat repair and vehicle repair will remain as is. He closed the Public Hearing and asked for a motion. Commissioner Herrera made a motion, seconded by Commissioner Saccaro, that the Planning Commission ADOPT Planning Commission Resolution No. 12.20, a resolution recommending that the City Council ADOPT Ordinance No. 925 adding Chapter 5.41 to the Rosemead Municipal Code pertaining to the licensing and regulation of home occupations and amending Chapters 17.16, 17.20. 17.24, and 17.74 of the Rosemead Municipal Code pertaining to the zoning requirements for home occupations. Vote resulted in: Yes: Eng, Herrera, Saccaro, Ruiz No: None Abstain: None Absent: Hunter 4. CONSENT CALENDAR A. Approval of Minutes • October 15, 2012 Commissioner Herrera made a motion, seconded by Commissioner Eng, to approve the Minutes of October 15, 2012 as presented. Vote resulted in: Yes: Eng, Herrera, Ruiz, Saccaro No: None Abstain: None Absent: Hunter 5. MATTERS FROM STAFF None 6. MATTERS FROM THE CHAIR & COMMISSIONERS Commissioner Herrera wished everyone a Happy Thanksgiving Commissioner Saccaro commented that he is very pleased that home occupation business licensing is finally being implemented and also wished everyone a Happy Thanksgiving. Commissioner Eng asked if Code Enforcement could assist in removing Public Hearing signs that have already taken place. She expressed concern that they are not being removed in a timely manner and they should be removed especially in the commercial corridors. Community Development Director Ramirez replied that staff will remind applicants to remove the Public Hearing Notice signs. She also requested that if the Planning Commissioners see the signs to please contact staff and staff will give the applicants notice. She explained that if they are not removed, then Code Enforcement will be notified. Chair Ruiz requested that political signs be removed also. Community Development Director Ramirez replied if the Planning Commission lets staff know where the signs are located, then a "CRM" will be completed on their behalf. Commissioner Eng requested, if it is possible, that staff give the Planning Commission a brief status of projects that the city has received on a quarterly basis and explained why. Community Development Director Ramirez replied this request is not a problem and can be included in the Planning Commissioner's Agenda packets. Commissioner Eng thanked staff for all their hard work and wished everyone a Happy Thanksgiving. Chair Ruiz referred to Commissioner Eng's former request for a detailed map of ABC license's in Rosemead and to the ABC website link that was sent to the Planning Commissioners. He commented that he did try to log on to the link and he was unsuccessful in getting a map. He offered his assistance in helping staff learn how to use various programs such as ArcView, ArcGis or Autocad to create maps. 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, December 3, 2012 at 7:00 p.m. AT T: (� ' �Q 4 �yu Rachel Lockwood Commission Secretary Victor Ruiz Chair 10 ATTACHMENT G PC RESOLUTION 12 -20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE A NEGATIVE DECLARATION AND ADOPT MUNICIPAL CODE AMENDMENT 12 -01 ADDING NEW CHAPTER 5.41 TO THE ROSEMEAD MUNICIPAL CODE PERTAINING TO THE LICENSING AND REGULATION OF HOME OCCUPATIONS; AND AMENDING CHAPTERS 17.16, 17.20, 17.24, AND 17.74 OF THE ROSEMEAD MUNICIPAL CODE PERTAINING TO THE ZONING REQUIREMENTS FOR HOME OCCUPATIONS. WHEREAS, the City of Rosemead has adopted the General Plan and Zoning Ordinance, and map, including specific development standards to control development, and WHEREAS, Section 17.116.010 of the Rosemead Municipal Code authorize the Planning Commission to consider and recommend proposed municipal code amendments to the City Council; and WHEREAS, Municipal Code Amendment 12 -01 is a City initiated amendment to revise Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Rosemead Municipal Code for purpose of allowing home occupations as an incidental, accessory use in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO (Residential /Commercial Mixed Use Development Overlay) zoning districts. The regulations and procedures set forth in Municipal Code Amendment 12 -01 are intended to ensure that home occupations are compatible with the character of City of Rosemead's residential neighborhoods. The regulations are designed to ensure that approved home occupations will not disrupt, become a nuisance, disturb, or modify the character of the residential areas within the City of Rosemead; and WHEREAS, on October 29, 2012 notices were posted in six (6) public locations and a notice was published in the Rosemead Reader specifying the public comment period and the time and place for a public hearing pursuant to California Government Code Section 65091(a)(3); and WHEREAS, on November 19, 2012, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Municipal Code Amendment 12 -01 (MCA 12 -01); and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission hereby makes a finding of adequacy with the Negative Declaration and HEREBY RECOMMENDS that the City Council adopts the Negative Declaration, as the environmental clearance for Municipal Code Amendment 12 -01. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that Municipal Code Amendment 12 -01 is in the best interest of the public necessity and general welfare, and good City planning practice dictates and supports the proposed municipal code amendment, in that the change to the Rosemead Municipal Code will provide a superior level of planning and protection to the quality and character of the City. Municipal Code Amendment 12 -01 is consistent with the Rosemead General Plan Land Use Goals and Policies. Since a home occupation would be an incidental, accessory use to the primary use of residential property, the approval of home occupation regulations would not alter the purpose or intent of the residential land use categories in the City. The adoption of a unified set of regulatory standards for home occupations is consistent with Land Use Goal 5 to target land use changes that improve housing and economic opportunities for residents and businesses and achieve fiscal and environmental objectives. The public necessity, convenience, and general welfare will be served by the adoption of the home occupation regulations that provides for a ministerial licensing process that requires the residential business activity to comply with standards that restrict use, location, employees, vehicles, traffic, appearance, storage, and nuisances. SECTION 3. The Planning Commission FURTHER FINDS AND DETERMINES that it is necessary and appropriate to provide a uniform and comprehensive set of regulations for the establishment of home occupations in residential zoning districts. The regulations are intended to provide appropriate oversight for commercial activities taking place in residential zones. The regulations are designed to ensure that residential commercial business activity will not disrupt, become a nuisance, disturb, or modify the character of the residential areas within the City of Rosemead. SECTION 4. The Planning Commission does HEREBY RECOMMEND that Chapter 5.41 (Home Occupations) be added to Title 5 of the Rosemead Municipal Code to read as follows: Chapter 5.41 HOME OCCUPATIONS SECTIONS: 5.41.010 Purpose and intent. 5.41.020 License required. 5.41.030 License renewal. 5.41.040 License is nontransferable. 5.41.050 Application submittal. 5.41.060 Process and procedure. 5.41.070 Review authority. 2 5.41.080 Accessory use. 5.41.090 General requirements. 5.41.100 Prohibited uses. 5.41.110 License revocation. 5.41.120 Appeals. 5.41.130 Reapplication after revocation. 5.41.140 Violations. 5.41.010 Purpose and intent. These regulations are provided so that certain incidental and accessory uses may be established in residential neighborhoods as home occupations under conditions that will ensure their compatibility with the neighborhood. 5.41.020 License required. A. No person may establish or operate a home occupation within the City without first obtaining, and continuing to maintain in full force and effect, a Home Occupation Business License. The issuance of a Home Occupation Business License shall satisfy the requirement of this code that every applicable business obtain a business license. B. Every Home Occupation Business License is subject to the requirements of this chapter, and the regulations of the zoning district in which the business is located. C. A request for a Home Occupation Business License must be accompanied by a Home Occupation Business License Application, completed in full detail with the required current information set forth in Section 5.41.050. D. A Home Occupation Business License is valid for a period of one (1) year from the date of issuance. E. If a Home Occupation Business License is not renewed, the Home Occupation Business License shall become null and void. 5.41.030 License renewal. A. A Home Occupation Business License must be renewed on an annual basis, provided that the owner and the business continues to meet all applicable requirements set forth in this chapter. B. A request for license renewal must be accompanied by an updated Home Occupation Business License application, completed in full detail with current information. C. The application and appropriate fee must be received by the City at least 30 calendar days prior to the expiration of the existing license. e D. The City will process a request for a license renewal in the same manner as the original application. 5.41.040 License is nontransferable. A Home Occupation Business License shall not be transferable. 5.41.050 Application submittals. A. Application. Any person desiring to obtain a Home Occupation Business License must submit an application to the Community Development Director or his /her designee on the form provided by the City. The application must contain the following information and the following items: 1. Home Address 2. Applicant Name 3. Business Name (DBA) 4. Type and Description of Business. 5. Telephone Numbers (Home, Office, and Mobile) 6. Property Owner Name 7. Property Owner Address 8. Property Owner Telephone Numbers (Home and Mobile) 9. Size of Home in Square Feet 10. Size of Area to be used for Home Occupation in Square Feet 11. Site Plan and Floor Plan showing location of business 12. Location of this Area (Home or Garage) 13. Emergency Contact Information (Name and Phone Number) 14. Proof of Residence (grant deed, property tax bill, or picture identification) 15. A renter or lessee shall provide the lease contract, signed owner's approval on the Home Occupation Business License Application, and a copy of his /her tax bill or grant deed 16. A renter or lessee shall provide picture identification 17. Every business owner shall sign a declaration on the application acknowledging their understanding and indicating their intention to comply with the operation requirements of this chapter B. Application fee. A fee, as established by Council resolution, shall be paid upon filing of such application. 5.41.060 Process and procedure A. Investigation. Following the submission of a completed application form, as well as all documents, materials, and fee required under Section 5.41.050, the Community Development Director, or his /her designee, will promptly undertake a review and evaluation of the applicant's proposal for the purpose of verifying the proposal's compliance with the requirements and conditions of this Chapter, as well as its consistency with zoning requirements of Title 17 of the Rosemead Municipal Code and the City's General Plan. Within fourteen (14) days after the filing of the application, the Community Development Director, or his /her designee, shall issue the license or a written statement shall be sent by certified mail to the applicant, setting forth the reasons for denial of the license. B. Approval. The Community Development Director, or his /her designee, shall issue the license if he or she makes all of the following findings: 1. That the proposed home occupation is consistent with the zoning requirements of Title 17 and the City's General Plan; 2. That the proposed home occupation is consistent with the home occupation requirements and conditions of this Chapter and all other applicable Municipal Codes; 3. That no substantial evidence has been received which would indicate that the information contained in the application and supporting data is not true; and 4. That the applicant has agreed in writing to abide by and comply with all the conditions of the license and applicable laws. C. Denial. An application for a Home Occupation Business License shall be denied for any of the following reasons: 1. The application is incomplete and does not contain the required information, documents, materials, and fee required under Section 5.41.050; 2. An applicant has made one or more material misstatements in the application; 3. That the home occupation business, if licensed, will not comply with all applicable laws including, but not limited to, requirements and operation conditions of this Chapter, zoning requirements of Title 17, and all other applicable municipal codes; or 4. An applicant has had a license revoked for cause by the City within two (2) years of the application date; 5.41.070 Review authority. The Community Development Director, or his /her designee, may only issue a Home Occupation Business License that would be operated in full compliance with this chapter and the zoning requirements of Title 17 of the Rosemead Municipal Code. 5.41.080 Accessory use. Home occupations consistent with the requirements of this chapter are permitted as an accessory use to a residential use in compliance with residential permitted uses contained in Chapter 17.16 R -1 Single - Family Residential Regulations, Chapter 17.20 R -2 Light Multiple Residential Regulations, Chapter 17.24 R -3 Medium Multiple Residential Regulations, and Chapter 17.74 RC -MUDO Residential /Commercial Mixed Use Development Overlay Regulations. 5.41.090 General requirements. The establishment and conduct of home occupations shall comply with the following requirements: 5 A. All home occupations shall be conducted only within the enclosed area of the dwelling and shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off - street parking for the applicable zoning district is met. B. There shall be no outdoor display, sales or storage of materials or equipment related to the home occupation on the premises. C. There shall be no exterior evidence of the conduct of a home occupation. D. The principal character or use of the dwelling within which the home occupation is conducted shall in no way be altered (by the use of color, materials, construction, lighting, signs, sounds, noises, vibrations, display of equipment, etc.) so that it may be reasonably recognized as serving a non - residential use. E. No motor or mechanical equipment shall be permitted other than that normally incidental to the residential use of the structure, including but not limited to power tools, wood and metal working equipment, auto repair tools and equipment and any other tools or equipment that require a compressor, electrical power or which cause a substantial emanation of noise. F. Home occupations may not generate pedestrian or vehicular traffic beyond that considered normal within the surrounding neighborhood. G. No storage of materials and /or supplies, indoors or outdoors, shall be permitted that will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood. H. No more than two hundred (200) square feet of the residence shall be employed for the use of the home occupation. I. Electrical or mechanical equipment that creates visible or audible interference in television or radio receivers or causes fluctuations in line voltage outside of the dwelling unit shall be prohibited. J. No home occupation activity shall create dust, electrical interference, fumes, gas, odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or solid waste or other hazards or nuisances other than that normally incidental to residential use of the structure. Home occupations shall not create any other negative effect that may be felt, heard, or otherwise sensed on adjoining parcels, as determined by the Community Development Director. K. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of flammable, explosive, or hazardous materials. L. Required residential off - street parking shall be maintained. tJ M. There shall be no motor vehicles used or kept on the premises, except residents' passenger vehicles, and one (1) commercially licensed automobile, pick -up truck, or van. Furthermore, the commercial vehicle shall not exceed % ton. N. Any employees associated with the home occupation must be full -time residents of the dwelling. Proof of residency will be required at any time upon request by the City. O. Examples of acceptable home occupations, provided they do not violate any of the provisions of this Chapter include, but are not limited to: 1. Professional office for an architect, accountant, realtor, or sales representative. 2. Consulting businesses (provided all work is picked up and delivered to the client by resident). 3. Artist or author, provided all work is picked up and delivered to the client by resident. 4. Businesses such as home crafts are allowed if the home crafts are sold off - site (i.e. retail store, etc.). 5.41.100 Prohibited uses. The following list presents examples of commercial uses that are not incidental to or compatible with residential activities, are suitable only in nonresidential zoning districts, and are therefore prohibited as home occupations: • Wholesale and retail sales (e.g. automobiles, merchandise, herb and /or pharmaceuticals, guns and /or ammunition, etc.); • Dating services; • Adult businesses; • Fortunetelling, palm reading, psychics, and similar activities; • Massage services; • Hair, nail, facial, and similar personal care; • Medical and dental offices; • Vehicle repair (body or mechanical), towing or automobile detailing (e.g., washing, waxing, tinting, etc.) at the site of the home occupation; • Plumbing, machine, or sheet metal works; • Carpentry shops; • Contractor storage yard; • Testing, maintenance, repair, towing or storage of any boat, aircraft, or motorized vehicle; • Laundering of clothes or other articles; and • Animal kennels or breeding. 5.41.110 License revocation. A. Grounds for Revocation. The Community Development Director may revoke a Home Occupation Business License when: 1. Any of the applicable requirements of this chapter ceases to be satisfied; or 7 2. There is any criminal activity associated with the residence. 3. The application is discovered to contain incorrect, false or misleading information; or 4. The home occupation has been operated in violation of any of the requirements of this chapter and: a) If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than 15 days following the date written notice of such violation is mailed or delivered to the operator; or b) If the violation is of a non - continuous nature, one or more additional violations of the same provision, or two (2) or more violations of any other of the provisions, of this chapter occur within any 12 -month period. B. Notice of Revocation. 1. Upon determining that grounds for license revocation exist, a formal written notice of the proposed revocation will be provided to the owner. 2. Such notice must summarize the principal reasons for the proposed revocation, and state that the revocation will become effective on the 20th day after the notice was deposited in the U.S. mail, unless the owner files an appeal under Section 5.41.120. 3. The notice must be delivered both by posting the notice at the location of the home occupation business, and by sending the same, by certified mail, to the owner as that name and address appears on the license. 5.41.120 Appeals. A. Any interested person may appeal a decision of the Community Development Director regarding the denial or revocation of a Home Occupation Business License by filing a complete notice of appeal with the City Clerk within ten (10) days from the date notice of such decision is mailed. To be deemed complete, the appeal must: 1. Be in writing and state the grounds for disagreement with the Community Development Director's stated decision; 2. Include the address to which notice is to be mailed; 3. Be signed under penalty of perjury; and 4. Be accompanied by the filing fee established by City Council resolution. B. If an appeal is timely filed, the City Manager, or his /her designee, will hear the appeal and the City Clerk will cause to be set a date for the hearing of the appeal not more than 30 days from the date the appeal is received. 1. The hearing will be a de novo hearing on the action which is the subject of the appealed. 2. At the hearing, the appellant will have the right to offer testimonial, documentary and tangible evidence bearing upon the issues. 3. The City Manager, or his /her designee, will not be bound by the formal rules of evidence. U 4. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness. C. The City Manager, or his /her designee, will issue written findings and a decision within 15 days of the conclusion of the hearing, and send notice of the decision by certified mail to the appellant. The notice of the decision must include reference to the appellant's right to prompt judicial review under California Code of Civil Procedures Section 1094.8. D. The action by the hearing officer will be final unless timely judicial review is sought pursuant to California Code of Civil Procedures Section 1094.8. 5.41.130 Reapplication after revocation. No person may obtain a Home Occupation Business License for two (2) years from the date any order of license revocation affecting such person has become final. 5.41.140 Violations. A. Any owner of a home occupation business violating or permitting the violation of any of the provisions of this chapter will be subject to any and all civil remedies, including license or license revocation. The administrative citation process and any and all remedies provided herein are cumulative and not exclusive. B. In addition to the remedies set forth in division (A), any home occupation business operating in violation of these provisions is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. C. The regulations imposed under this chapter are part of a regulatory licensing process, and any violation of this chapter does not constitute a criminal offense. Notwithstanding any other provision of this code, the City does not impose a criminal penalty for violations of this chapter related to expressive activities. SECTION 5. The Planning Commission does hereby recommend that Title 17 (Zoning), Chapter 17.16 (Single - Family R -1 Regulations), Section 17.16.020 (Permitted Uses) of the Rosemead Municipal Code is hereby amended as follows: A. A one - family dwelling, subject to the lot designations and regulations contained in Ch. 17.84 B. The accessory buildings necessary or incidental to such use located on the same lot or parcel of land including a private garage, the capacity of which shall not exceed three automobiles. C. A home occupation that is incidental and subordinate to the primary residential use of the property. All home occupations are subject to the regulations, conditions and license requirements contained in Chapter 5.41 (Home Occupations). E D. The noncommercial growing of nursery stock, field crops, tree, bush and berry crops, and vegetable or flower gardening. E. Household pets, not to exceed three animals, over four months of age, for each dwelling unit. This provision shall not be construed to permit any animal capable of inflicting harm or discomfort or endangering the health and safety of any person or property. F. Storage of building materials, used in the construction of a building or building project, during the construction and thirty (30) days thereafter, including the contractor's temporary office provided that any lot or parcel of land so used shall be a part of the building project, or on property adjoining the construction site. SECTION 6. Title 17 (Zoning), Chapter 17.20 (Light Multiple Residential R -2 Regulations), Section 17.20.020 (Permitted Uses) of the Rosemead Municipal Code is hereby amended as follows: A. Any use and development standard permitted in the R -1 zone including flag lot developments. B. A two- family dwelling or two one - family dwellings. C. Accessory buildings as provided in the R -1 zone. D. A home occupation that is incidental and subordinate to the primary residential use of the property. All home occupations are subject to the regulations, conditions and license requirements contained in Chapter 5.41 (Home Occupations). SECTION 7. The Planning Commission does hereby recommend that Title 17 (Zoning), Chapter 17.24 (Medium Multiple Residential R -3 Regulations), Section 17.24.020 (Permitted Uses) of the Rosemead Municipal Code is hereby amended as follows: A. Single -story second residential units in accordance with Chapter 17.30 of this code; B. Multiple - family dwellings and apartment houses; C. The renting of not more than four rooms to not more than four roomers, or the providing of table board to not more than four boarders, or both, in residence, provided that not less than one automobile parking space shall be provided for every room rented; D. The accessory buildings necessary or incidental to such use located on the same lot or parcel of land. 10 E. A home occupation that is incidental and subordinate to the primary residential use of the property. All home occupations are subject to the regulations, conditions and license requirements contained in Chapter 5.41 (Home Occupations). SECTION 8. The Planning Commission does hereby recommend that Title 17 (Zoning), Chapter 17.74 (Residential/Commercial Mixed Use Development Overlay), Section 17.74.040 (Permitted Uses) of the Rosemead Municipal Code is hereby amended as follows: A. The following uses are permitted in a residential /commercial mixed -use development: retail stores and businesses, provided there is no manufacturing, processing or treatment of products other than what is clearly incidental to the retail business conducted on the premises, and not more than twenty (20) percent of the floor area of the building shall be used in the manufacturing, processing or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust smoke, vibration or other similar causes; Art studios; ATM facilities subject to the requirements of Section 17.74.050(A); Bakery products shops; Banks, savings and loan associations, and financial institutions, excluding check cashing or other pay day loan services; Barber shops, beauty shops and manicure parlors; Book stores; Clothing and shoe stores; Confectionery retail shops; Department and variety stores; Drug stores and pharmacies; Dry cleaning stores, drop -off and pick -up only; Electric appliance stores and repairs; Employment agencies; Fabric and yardage stores; Florist shops; Food stores, bakery shops, delicatessens and markets; Furniture stores, limited to new furniture, except that used furniture taken in trade may be sold provided used furniture sales do not exceed twenty - five (25) percent of the gross floor area or twenty -five (25) percent of total retail floor area, whichever is less; Grocery, fruit and vegetable stores; Hardware stores; Health centers, and similar personal service establishments, with massage as an incidental use and occupying no more than twenty -five (25) percent of the floor area; Hobby shops; Interior decorating shops; Jewelry stores; Music stores; Paint stores; 11 Pet supply stores; Photo -copy, printing or desktop facilities; Photographic studio, supply shop, or film pick -up and drop -off point; Radio and television stores and repair; Restaurants, take -out and other eating establishments; Retail sales of automotive parts without installation and no outside storage; Self- service laundries subject to the requirements of Section 17.74.050(E); Shoe stores or shoe repair shops; Tailor, clothing or wearing apparel shops; and Travel agencies. B. The following professional and business office uses are permitted in a residential /commercial mixed -use development: Accountant; Acupuncturist and acupressure, Advertising agency; Arch itect; without massage or retail sales; Attorney; Auditor; Bookkeeping service; Business consultant; Chiropodist; Chiropractor; Dental office; Engineer; Governmental buildings and offices; Insurance agency; Optician; Optometrist; Ophthalmologist; Osteopath; Physician; Psychiatrist; Real estate broker; Secretarial service; X -ray technician; and Similar professional business uses may be permitted subject to the approval of the Planning Division. C. Notwithstanding the provisions of Section 17.112.020, the following uses shall be the only uses for which a conditional uses permit may be applied for and granted in a residential /commercial mixed -use development: Antique stores; Any commercial use that operates after midnight; Any eating establishment with outdoor seating; Any establishment having an off -sale license for alcoholic beverages; Any establishment having an on -sale license for alcoholic beverages; Arcades; 12 Conservatories of music; Convenience markets subject to the requirements of Section 17.74.050(B); Libraries and museums; and Music and vocal instructions. D. Except as provided in Sections 17.74.040(A), 17.74.040(B) and 17.74.040(C), all commercial uses and nonresidential uses are strictly prohibited in residential /commercial mixed -use developments. E. Residential units shall be permitted in a residential /commercial mixed -use development per the following: 1. Densities shall be consistent with the General Plan. F. Location of Uses. 1. Retail /commercial uses shall be permitted on the ground floor or second floor in a residential /commercial mixed -use development. 2. Retail /commercial uses shall not be permitted above any professional and business office uses or residential uses. 3. Professional and business office uses shall be permitted above the commercial component of a street frontage building, behind the commercial component on the first floor or on second floor or above with same use street frontage but below any residential uses in a residential /commercial mixed -use development. 4. Residential uses shall be located either above the commercial and /or office components of a street frontage building or located behind the commercial or office component on any floor where there is a distinct separation of uses and access, provided pedestrian connections are furnished as part of a unified development theme. 5. A home occupation that is incidental and subordinate to the primary residential use of the property. All home occupations are subject to the regulations, conditions and license requirements contained in Chapter 5.41 (Home Occupations). SECTION 9. The Planning Commission HEREBY RECOMMENDS TO THE CITY COUNCIL APPROVAL of Municipal Code Amendment 12 -01, allowing home occupations as an incidental, accessory use in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO (Residential /Commercial Mixed Use Development Overlay) zoning districts and establishing regulations to ensure that home occupations are compatible with the character of City of Rosemead's residential neighborhoods. 13 SECTION 10. This resolution is the result of an action taken by the Planning Commission on November 19, 2012 by the following vote: YES: ENG, HERRERA, SACCARO, RUIZ NO: NONE ABSTAIN: NONE ABSENT: HUNTER SECTION 11. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 19 day of November, 2012. .� a 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 19 day of November, 2012, by the following vote: YES: ENG, HERRERA, SACCARO, RUIZ NO: NONE ABSTAIN: NONE ABSENT: HUNTER AAA 0 . Michelle Ramirez, Secreta APPROVED AS TO FORM Gregory M. phy, Planning Commis orney Burke, Williams & Sorensen, LLP 14 ATTACHMENT H Page 1 of 1 Michelle Ramirez From: Kevin Matchstick [kisenosato@gmail.com] Sent: Monday, November 19, 2012 1:14 AM To: Michelle Ramirez Subject: tonight's Planning Commission meeting Attachments: Home Business.pdf Hi Michelle, Sorry to bother you, but due to having a 710 - related meeting in Alhambra tonight at 7:00, I cannot attend tonight's meeting. However, I did have some comments about the proposed home business ordinance. I have written them up in the attached PDF. I would appreciate it if you could please print it out and distribute it to the commissioners at the meeting for their consideration. Also, on a more personal note, I want to wish you and everyone in Planning and on the Commission a very Happy Thanksgiving. You all do a lot of great work to make the City a better place, and I really appreciate it. Thanks, and have a great day. Brian "The source of my intention Really isn't crime prevention My intention is prevention Of the lie." - Scatman John 1,/17,''01? Dear Chair Ruiz and Commissioners, I am sorry I am unable to attend tonight's meeting. I had hoped to comment in person on the proposed home business ordinance, but have a conflict with a 710 Freeway environmental study community meeting in Alhambra. Therefore, please see my comments below. I hope you will find them useful as you consider this potential new ordinance. 5.41.090.M. - This may create a conflict with the City's planned commercial vehicle residential parking permitting program, as well as an internal conflict with this code's prohibition against signage (requirements C & D): • If you are not allowing the home business' commercial vehicle to park on the street, it will be difficult to explain why other businesses can buy permits to park their vehicles on the same street, but the owner of the home business can't. • Even if you issue permits to both, it will be difficult to explain why, say, Howards can park their 1 -ton truck right in front of a residence with a home business that is barred from parking its own 1 -ton truck in front of the house - or even having it on site - due to the weight restrictions in the code. • Presuming it meets the weight requirement, it seems odd to allow a vehicle plastered with all of a home business' business information to park in front of said home, while prohibiting even a lawn sign containing that same information from being placed in the front yard. May I suggest that the Commission consider asking that Planning Staff work with Public Safety to resolve any potential conflicts with the commercial vehicle permitting program or perceptions of unfairness? 5.41.100 - I ask that you consider removing the current references to vehicles and boats, and replace them with the following: • Testing, maintenance, repair, towing or storage of any boat, aircraft or motorized vehicle; • Washing, waxing, detailing or accessorizing of any motorized vehicle, including but not limited to tinting, stereo installation or body modification. Food service is mentioned nowhere on here. Considering that Environmental Impact item #17 (on page 26) notes that the sewers in the south are "likely operating at or near capacity," while those in the north are "unknown," it seems an odd omission. I hope you will consider the various types of food service opportunities and their potential water uses and sewer impacts - including FOG (fats, oil and grease) - so as to reduce the likelihood of sanitary sewer overflows in residential areas. Thank you for your time and consideration. Sincerely, Brian Lewin ATTACHMENT I ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: DECEMBER 11, 2012 SUBJECT: MUNICIPAL CODE AMENDMENT 12 -01, AMENDING THE ROSEMEAD MUNICIPAL CODE TO ADD REGULATIONS PERTAINING TO THE LICENSING AND OPERATION OF HOME OCCUPATIONS IN THE CITY OF ROSEMEAD SUMMARY Municipal Code Amendment 12 -01 consists of City of Rosemead initiated amendments to revise Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Rosemead Municipal Code. The purpose of the amendments is to allow home occupations as an incidental, accessory use in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO (Residential/Commercial Mixed Use Development Overlay) zoning districts. The regulations and procedures set forth in Municipal Code Amendment 12 - -01 are intended to ensure that home occupations are compatible with the character of City of Rosemead's residential neighborhoods. The proposed Ordinance No. 925 (Attachment A) addresses licensing /permitting provisions, operating standards, and zoning limitations to ensure that home occupations will not disrupt, become a nuisance, disturb, or modify the character of the residential areas within the City of Rosemead. This item was presented to the Planning Commission for consideration on November 19, 2012. At that hearing the Planning Commission reviewed the proposed home occupation regulations, as well as a letter of public comment that was submitted by Mr. Brian Lewin, a Rosemead resident. In response to public comment and testimony, the Planning Commission added language to Section 5.41.100.E of the Ordinance to clarify that testing, maintenance, repair, towing and storage of any boat, aircraft, or motorized vehicle is prohibited as a home occupation. With this revision, the Planning Commission adopted Resolution No. 12 -20, recommending that the City Council ADOPT Ordinance No. 925. The Planning Commission report, Resolution No. 12 -20, and letter of public comment are attached as Attachments B, C, and D respectively. Staff Recommendation It is recommended that the City Council take the following actions: ffEM NO. City Council Report December 11, 2012 Page 2 of 6 1. Conduct a public hearing and take public testimony; 2. Adopt the Negative Declaration (Attachment E) as the CEQA determination for the project; 3. Adopt Resolution No. 2012 -70 (Attachment F), establishing business license fees for Home Occupation Businesses; and 4. Introduce for First Reading, by title only, Ordinance No. 925 (Attachment A) to regulate home occupation businesses and to bring back Ordinance No. 925 to the City Council meeting of January 8, 2013, for consideration of adoption. BACKGROUND The existing Rosemead Municipal Code (RMC) does not currently contain provisions for home occupations. A home occupation is typically defined as a business activity that results in a product or service for financial gain and is conducted wholly or in part in the dwelling unit or garage and is clearly an accessory or incidental use and subordinate to the residential use of the dwelling unit. The most common home occupations are office uses for businesses such as accountants, internet sales, certain types of contractors, and other similar operations where the primary means of contact are by phone, mail, and internet. There has been a trend for cities to allow home occupations in residential zoning districts, as they can provide numerous benefits for both home workers and the community. Cities do not generally experience that the residential business activities affect the surrounding neighborhood when they are conducted in accordance with appropriate licensing and operation regulations. Home occupations have the potential to provide useful services for communities. They encourage business growth by eliminating the need for some small businesses to rent commercial space, a factor which could make a difference if someone is just starting out. Working at home can save commuting and child care costs, and can give those who might not be able to work outside of the home an opportunity to earn a living (i.e. single - parents, elderly, disabled, etc.). Allowing people to work in their homes can cut down on traffic congestion and the need for parking in commercial areas. It also creates activity in residential neighborhoods that might otherwise be deserted during the day, which can be a deterrent to crime and a benefit to children who may be home alone after school. Municipal Code Amendment 12 -01 has been drafted to allow home occupations in residential zoning districts in the City of Rosemead. The code amendment proposes a licensing procedure, as well as operation regulations, to assure that home occupations do not disrupt, become a nuisance, disturb, or modify the residential character of the City's established residential neighborhoods. City Council Reporl December 11, 2012 Page 3 of 6 ANALYSIS The approval of Municipal Code Amendment 12 -01 would allow home occupations as an incidental, accessory use in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO (Residential /Commercial Mixed Use Development Overlay) zoning districts. The regulations and procedures set forth in Municipal Code Amendment 12 -01 are intended to insure that the residential commercial activities do not degrade the existing visual character or quality of life within the residential areas. Proposed Regulations- Overview Municipal Code Amendment 12 -01 would restrict a home occupation to a business activity that is conducted only within the enclosed area of the dwelling that shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off - street parking requirements for the applicable zoning district are met. The code amendment also establishes an administrative permitting process. The approval of a Home Occupation Business License shall be obtained from the City of Rosemead Community Development Department prior to establishing a home occupation. General requirements have been drafted to restrict outdoor display, storage of materials or equipment, pedestrian and vehicular traffic, property appearance, and nuisances. Lastly, the amendment proposes a business license revocation process if the requirements of the ordinance are not satisfied. If there is any criminal activity associated with the residence, if the application contains incorrect, false or misleading information, or if the home occupation has been operated in violation of any requirements of the license, the license will be subject to the revocation process. Summary of Performance Standards Below is a summary of the proposed home occupation performance standards. 1. A home occupation will be required to remain subordinate to the residential use of the dwelling as a way to limit the activity's impact on the neighborhood. To accomplish this goal, no more than two hundred (200) square feet of the residence shall be employed for the use of the home occupation. Furthermore, any employees associated with the home occupation will be required to be full -time residents of the dwelling. 2. To protect the appearance of existing residential neighborhoods, the ordinance will prohibit outdoor display, sales, or storage of materials or equipment related to the home occupation on the premises. Furthermore, the property will not be allowed to be altered (by the use of color, materials, construction, lighting, signs, sounds noises, vibrations, display of equipment, etc.) so that it may be reasonably recognized as serving a non - residential use. City Council Report December 11, 2012 Pace 4 of 6 3. To ensure that traffic (vehicular and pedestrian) levels in the residential areas are not altered, the code amendment sets limitations on vehicles used in conjunction with the home occupation. Required residential off - street parking shall be maintained. Motor vehicles used or kept on the premises will not be allowed, except residents' passenger vehicles, and one commercially licensed automobile, pick -up truck, or van. Furthermore, the commercial vehicle shall not exceed '/4 ton. 4. Several performance standards have been added to prevent nuisances. A home occupation activity shall not create dust, electrical interference, fumes, gas, odor, smoke, glare, light, noise, vibration, toxic /hazardous materials, liquid or solid waste or other hazards or nuisances other than that normally incidental to residential use of the structure. Home occupations shall not create any other negative effect that may be felt, heard, or otherwise sensed on adjoining parcels. 5. To protect the safety of the general welfare of the residents in the surrounding area, the code will prohibit electrical and mechanical equipment that creates visible or audible interference in television or radio receivers or causes fluctuations in line voltage outside of the dwelling unit. Activities conducted and equipment or materials used will not be allowed to change the fire safety or occupancy classifications of the premises. The use shall also not employ the storage of flammable, explosive, or hazardous materials. Home Occupation Business License Requirement The ordinance establishes a licensing requirement for the owners of a home occupation business. No person may establish or operate a home occupation business within the City without first obtaining, and continuing to maintain in full force and effect, a home occupation business license. The license must be renewed on an annual basis, provided that the owner and the business continue to meet all applicable requirements of the proposed ordinance. A one -step application process requires the business owner to submit an application to the Community Development Department that contains general contact information, information on the type and location of the business, as well as property owner approval if the business owner is a renter. Each applicant will also be required to sign a declaration on the application acknowledging their understanding and indicating their intention to comply with the operation requirements. Home Occupation Business License Fees The proposed Home Occupation ordinances includes a home occupation business license process that is not currently included in the City's Business License Fee Resolution (Resolution 2012 -31) adopted on May 8, 2012. It is recommended that the City Council adopt a revised fee resolution (Attachment F) to create new Home Occupation Business License fees. Staff completed a survey of the cities that surround the City of Rosemead in order to determine an appropriate fee. Staff found that the surrounding cities on average charge higher fees than what the City of Rosemead charges for a Professional Business License. For this reason, staff is proposing to City Council Report December 11, 2012 Page 5 of 6 place home occupation businesses on a substantially similar basis as it treats other professional occupation business owners in nonresidential zones. Therefore, a first - time application fee of $100.00 and an annual renewal fee of $50.00 are proposed. MUNICIPAL CODE REQUIREMENTS Chapter 17.116 of the Rosemead Municipal Code sets forth the procedures and requirements for zone changes and amendments. A municipal code amendment may be permitted whenever the public necessity, convenience, general welfare or good zoning practice justifies such action. Municipal Code Amendment 12 -01 is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed municipal code amendment, in that the change to the Rosemead Municipal Code will provide a superior level of planning and protection to the quality and character of the City. Municipal Code Amendment 12 -01 is consistent with the Rosemead General Plan Land Use Goals and Policies. Since a home occupation would be an incidental, accessory use to the primary use of residential property, the approval of home occupation regulations would not alter the purpose or intent of the residential land use categories in the City. The adoption of a unified set of regulatory standards for home occupations is consistent with Land Use Goal 5 to target land use changes that improve housing and economic opportunities for residents and businesses and achieve fiscal and environmental objectives. The public necessity, convenience, and general welfare will be served by the adoption of the home occupation regulations that provide for a ministerial licensing process that requires the residential business activity to comply with standards that restrict use, location, employees, vehicles, traffic, appearance, storage, and nuisances. ENVIRONMENTAL DETERMINATION An Initial Study of Environmental Impacts was prepared recommending the adoption of a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) guidelines (the Initial Study and Negative Declaration are attached to this report as Attachment E). The Initial Study is an environmental analysis of the proposed municipal code amendment to determine if the proposed revisions to the municipal code will have potentially significant effects on the environment. This study found that there are no potentially significant environmental impacts that could occur with the adoption of the proposed code amendment. A Notice of Intent to Adopt a Negative Declaration was distributed for a 20-day public review and comment period between October 29, 2012 and November 19, 2012. If the Council is inclined to approve this project, the Council must make findings of adequacy with the environmental assessment and adopt the Negative Declaration. City Council Report December 11, 2012 Pace 6 of 6 PUBLIC NOTICE PROCESS Pursuant to California Government Code Section 65091, this public hearing notice has been published in at least one newspaper of general circulation within the local agency, as the number of owners of real property within three hundred (300) feet of the project site is greater than one thousand (1,000). Lastly, this notice was also posted in six (6) public locations, specifying the availability of the application, plus the date, time and location of the public hearing. LEGAL REVIEW The attached Ordinance No. 925 and Resolution No. 2012 -70 have been reviewed and approved by the City Attorney. Submitted by: �- Michelle Ramirez Community Development Director Attachment A: Ordinance No 925 Attachment B: Planning Commission Staff Report (November 19, 2012) Attachment C. Planning Commission Resolution No. 12 -20 Attachment D: Letter of Public Comment Attachment E: Negative Declaration Attachment F: City Council Resolution No. 2012 -70