The URL can be used to link to this page

PC - Item 3A - Municipal Code Amendment 15-02ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: APRIL 6, 2015 SUBJECT: MUNICIPAL CODE AMENDMENT 15 -02 AMENDING CHAPTERS 17.04 AND 17.72 OF TITLE 17 OF THE CITY OF ROSEMEAD MUNICIPAL CODE RELATING TO REGULATIONS FOR NONCONFORMING USES, STRUCTURES, LOTS, AND PARKING FACILITIES Summary Municipal Code Amendment 15 -02 consists of a City initiated amendment to revise Title 17 (Zoning) of the Rosemead Municipal Code to modify existing regulations for nonconforming uses, structures, lots, and parking facilities. The code amendment proposes to establish new development regulations for legal nonconforming uses that were approved by a discretionary entitlement. It also requires a Minor Exception application process for the addition of conforming structures on R -1 and R -2 lots that are developed with legal nonconforming residential structures. The purpose of the amendment is to encourage the City's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners or business owners. Lastly, Municipal Code Amendment 15 -02 proposes to eliminate the Zoning term and definition of "bachelor apartment" from Chapter 17.04.050, as it is outdated and the definition is no longer accepted by the California Department of Housing and Community Development. 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 Zoning 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 amendments. Planning Commission Meeting April 6, 2015 Page 2 of 4 A Notice of Intent to Adopt a Negative Declaration was distributed for a 20 -day public review and comment period between March 16, 2015 and April 4, 2015. If the Commission is inclined to recommend approval of this project, the Commission must make findings of adequacy with the environmental assessment and recommend that the City Council approve the Negative Declaration. Staff Recommendation It is recommended that the Planning Commission take one of the following actions: • Return to the Planning Commission at a date certain with a resolution recommending the City Council approve these changes; • Modify the proposed changes and return to the Planning Commission at a date certain for further discussion and deliberation; • Continue to work on the proposed changes and return to the Planning Commission at a date uncertain; or • Such other direction as the Commission finds appropriate. Background The legal basis for all land use regulation is the police power of the City to protect the public health, safety, and welfare of its citizens. The Building Code, Zoning Code, and Subdivision Ordinance are the primary regulatory tools used to accomplish these goals. The City takes great care when preparing new ordinances to minimize the creation of nonconformities if possible. However, as the community's vision for its built environment evolves and changes, revision to the City's regulations (use requirements, setbacks, height limitations, etc.) will inevitably result in the creation of nonconforming uses, structures, and lots. To ensure that a community's adopted vision and goals are fully accomplished, regulatory provisions are put in place to deal with nonconforming structures, uses, and lots and to require them to be replaced or made conforming over time. A legal nonconforming structure, use, or lot is caused by a governmental action that changes the Zoning Code, the Zoning Map, or the Subdivision Ordinance. All legal nonconforming structures, uses, or lots were lawfully established under the codes at the time, but due to the adoption of a new ordinance or map revision, the property no longer conforms to the standards. As a general rule,. nonconforming regulations presume that a nonconformity is detrimental to the long -term public interest (health, safety, morals, or welfare), and that the nonconformity needs to be brought into conformance over time. The intent and practice of most legal nonconforming ordinances is to allow nonconformities to continue until the end of their economic life when they are voluntarily replaced with a conforming structure, use, or lot. In addition, it is typical for nonconforming regulations to limit changes on premises which would give permanency to or expand such nonconformities. The Comprehensive Zoning Code Update, adopted by City Council on October 22, 2013, included revised standards intended to be business friendly and not detrimental to the economic vitality of the community, while providing a process to eliminate nonconforming uses, especially as they become detrimental to a neighborhood. The current code includes provisions to allow beautifying improvements to legal Planning Commission Meeting April 6, 2015 Pane 3 of 4 nonconforming structures, including interior alterations, repairs and maintenance, and some enlargements subject to the Minor Exception application process. However, the current code also sets a limitation that as long as a nonconforming use, building, or structure exists upon any lot, no new use, building, or structure may be established. Although this limitation is standard in most cities' nonconforming use and structure ordinances, it has led a number of Rosemead residents to inquire about requests for Zone Variances to allow them to retain existing nonconformities and expand the property with additional single - family residential units on parcels large enough for more than one unit. These requests have not been submitted with completed applications as it is nearly impossible to make the required findings since there are no special circumstances to warrant such Zone Variance approval. Analysis Municipal Code Amendment 15 -02 proposes several revisions for the purpose of addressing constraints on current residential property owners that limit the full use of their property. It also sets new rules for the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, to protect the health, safety, and welfare of all residents, and to continue ongoing improvement of the City. The following is an outline of the key elements of the proposed Ordinance. The redline /strikeout version of proposed MCA 15 -02 has been attached as Exhibit "B." A final edited version is attached as Exhibit "C." • Section 17.72.020 Establishment of Nonconforming Status is proposed to reinforce the property owner's responsibility to provide evidence to the City to justify the establishment of nonconforming rights. For example, this would include completing a Los Angeles County building record search and submitting original permit documents for structures that were built prior to the City's incorporation. • Existing standards were regrouped into Section 17.72.030 Nonconforming uses, Section 17.72.040 Nonconforming structures, Section 17.72.070 Residential Exceptions to improve overall organization for ease of finding applicable code regulations. • Section 17.72.070 Residential Exceptions would allow residential R -1 (Single - Family Residential) and R -2 (Light Multiple Residential) lots to be expanded with new conforming structures subject to the existing Minor Exception application process. Necessary work to eliminate any hazard or safety problem on an existing structure and /or improve the aesthetic appearance or architectural viability of any existing nonconforming structures onsite would also be required for project approval. • Municipal Code Amendment adds text to clarify that any use that was authorized by an approved discretionary permit but is not allowed by the current Zoning Code is nonconforming and may only continue in compliance with the original discretionary permit conditions of approval. Section 17.72.040 Legal Planning Commission Meeting April 6, 2015 Page 4 of 4 Nonconforming Structures was expanded to allow any building that was approved with a discretionary permit the possibility of expanding subject to the Minor Exception application process. Lastly, Municipal Code Amendment 15 -02 also proposes to eliminate the term and definition of "bachelor apartment' from Chapter 17.04, as it is outdated and the definition is no longer accepted by the California Department of Housing and Community Development. Municipal Code Requirements Article 6, Chapter 17.152 of the Rosemead Municipal Code authorizes the Planning Commission to consider and recommend proposed Municipal Code Amendments to the City Council. It also sets forth the procedures and requirements for Municipal Code Amendments. Section 17.152.060.13 sets forth the following findings that must be met: A. The proposed amendment is consistent with the General Plan and any applicable specific plan; B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and C. The proposed amendment is internally consistent with other applicable provisions of the Zoning Code. The Planning Commission should discuss each of the findings and the reasons the Commission feels they are or are not met. Staff will be available to assist as necessary during the public hearing. PUBLIC NOTICE PROCESS Pursuant to California Government Code Section 65091, this public hearing notice has been published in at least one (1) 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 1,000. Lastly, this notice is also posted in five (5) public locations, specifying the availability of the application, plus the date, time and location of the public hearing. Prepared by: Submitted by: Sheri Bermejo Michelle Ramirez City Planner Community Development Director EXHIBITS: A. Initial Study and Negative Declaration B. Underline /Strikeout version of proposed MCA 15 -02 C. Final Edited version of proposed MCA 15 -02 ENVIRONMENTAL CHECKLIST FORM CITY OF ROSEMEAD PLANNING DIVISION 8838 E. VALLEY BLVD. ROSEMEAD, CALIFORNIA 91770 2. Project title: Lead agency name and address: Municipal Code Amendment 15 -02 City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 43 0 5. C2 Contact person and phone number: Project location: Project sponsor's name and address: General plan designation: Citywide Zoning: Citywide Sheri Bermejo, City Planner (626) 569 -2144 City -Wide City of Rosemead County of Los Angeles City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 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 15 -02 consists of a City initiated amendment to revise Title 17 (Zoning) of the Rosemead Municipal Code to modify several regulations for nonconforming uses, structures, lots, and parking facilities. The purpose of the amendment is to encourage the City's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners or business owners. Municipal Code Amendment 15 -02, if adopted, would allow the expansion of Single - Family Residential (R -1) and Light Multiple Residential (R -2) zoned lots with new residential structures where legal nonconforming residential structures exist. Such expansions would be processed pursuant to the City's existing Minor Exception application process. The code amendment also proposes new limitations on land uses that were approved by a discretionary permit but have become nonconforming due to revisions of the Zoning EXHIBIT A Code or Map. Such uses would only be able to continue to exist in conformance with the permit's conditions of approval. Lastly, Municipal Code Amendment 15 -02 also proposes to eliminate the term and definition of "bachelor apartment" from Chapter 17.04, as it is outdated and the definition is no longer accepted by the California Department of Housing and Community Development. 9. 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 located 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 53,764 people. 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. 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 ❑ Biological Resources F-1 Emissions Gas Emissions ❑ Land Use /Planning ❑ Population /Housing ❑ Transportation/Traffic DETERMINATION Agriculture El Resources F Air Quality ❑ Cultural Resources ❑ Geology /Soils El Materials & Hazardous ❑ Hydrology/Water Quality Materials ❑ Mineral Resources ❑ Public Services ❑ Noise ❑ Recreation El Systems Systems On the basis of this initial evaluation: Mandatory Findings of ❑ Significance Q 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ 1 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 2 EXHIBIT A 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. ❑ I 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. ❑ I 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. Signature Date Sheri Bermeio, City Planner Printed Name EXHIBIT A 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. 1 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. 7. 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. EXHIBIT A ENVIRONMENTAL CHECKLIST a) Have a substantial adverse effect on a scenic El El El 0 vista? ....... ... . b) --------- . . . . ... . ... . .... ............ Substantially damage scenic resources, - - - ------------ - ------------------ ---------- - --- ---------- - - - - - --- ................ N including, but not limited to, trees, rock El El El M outcroppings, and historic building within a state scenic highway? -------- - - ---- ---------------------- ---------------- ... ........ . ....... I....., ............ . . ..... ------------ c) Substantially degrade the existing visual El El 1:1 N character or quality of the site and its ❑ ❑ ❑ 0 c) surroundings? - -------------------- — - - -- - -- ----- - - ------ - ------ ------ ------ -------- - -------------------------------- - - -- -------------- - --------- --- . .... ..... .. . ....... ....... .. . ......... d) Create a new source of substantial light or glare which would adversely affect day or nighttime ❑ ❑ ❑ 0 views in the area? ❑ ❑ ❑ N a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the El El El N Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, El El 1:1 N 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 ❑ ❑ ❑ N 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 El El El N forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or El El El M nature, could result in conversion of Farmland, to non-agricultural use? 5 EXHIBIT A 6 EXHIBIT A Less Than, Rote2tially Sign "�icanx Less Than S�gmf�cent 1(Itth S�gmficant Na Environmental lSSUes Im act IWti' anon I . P . .. 9 mpact, ',Impact Where available tlae significance criteria estabhshetl by the applicable air, quality, management or airpollii6on co�frol tlistrlct'maybe religFJ upon tetnake, the (ollofving;tleternunaiions � Wo41d the project.', , : a) Conflict with or obstruct implementation of the El El El 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 precurso . . .. .... . . ... ........ d) Expose sensitive receptors to substantial .. . . . .. ... - . -. -..- _ . -- - El El El pollutant concentrations? _ .. ._.__....._._.. _ . ..- _...__.. .._..__..._ -. e) Create objectionable odors affecting a El 1:1 El 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 Se rvice? .._.......-----._ ............. ................. . ... . .. - . .... . ..... _ .. . ... ..-._.._.. -------.._.-..---.-.-..--.-....-.._-.-...--..- b) Have a substantial adverse effect on any ..--- ---- -- -.- ------ .- .... - ... _ ._...__..... - riparian habitat or other sensitive natural community identified in local or regional plans, El El E 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 El El El 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 wild life nursery sites? 6 EXHIBIT A LessTha� n ✓ D l Potentrally 3 groficant Less Th r 6�gruticant With 9ignifacant No, r NViY xnme�tai Issues Impact M�tigption IrppacY npa t', I , , ,I 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 El El El Conservation Plan, or other approved local, regional, or state habitat conservation plan? CulturalResources. ✓ '- tNould t(ie prayectr ` � - 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? .. . . .. . ..... _.... _.__. —._ ...._..__...._ ......_...._. .- .__...._.... El .. ._.. El El - ... _._._.....__....__._. iii) Seismic- related ground failure, including El El El liquefaction? _.... .. -- ._.... ... -. - - . ....... .. --- - iv) Landslides? .-.__,- .- .- _.- .- _- __ -. - -.. . ......... . .. ................._ ...- .... . _ .. . ...... -- -- .__.._.__ _.. _ .__.__... ❑ -.-.-._.---.................--.--.......--__-.-.-.---.. ❑ . ........................... ❑ ......-- ......_.........__. -... b) Result in substantial soil erosion or the loss of El El El 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, sub sidence, liquefaction or collapse? EXHIBIT A EXHIBIT A Lest Than �` Potentially Srgnhcant Less Than "- . :, S�go�faGaM With S�gmf!&rit No .. Enviro nrfiental Issues" ... "Im(iaotr.' Mitigation ",,Impact =.�: Impact d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code El 1:1 ❑ (1994), creating substantial risks to life or pr operty? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater El El El 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 El El El 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 El El El 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 ❑ El El hazard for people residing or working in the project area? EXHIBIT A g) Impair implementation of or physically interfere with an adopted emergency response plan or El El 0 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 El El El Z urbanized areas or where residences are intermixed with wildlands? a) Violate any water quality standards orwaste � � � dioohargonaquirornonto? �� b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would beo net deficit in aquifer volume ora lowering of the local groundwater table level (e.g. the production Fl Fl Fl rate of pre-existing nearby wells would drop tou level which would not support existing land uses or planned uses for which permits have been u) Substantially alter the existing drainage pattern of area, including through the alteration ofthe course ofa stream or river, ino manner which [l [l [l would result in substantial erosion nrsiltation on- oroff-aito? �� - --- �� d> Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course ofu stream orrivoror ' � � � substantially increase the rate nrunnoun1of �' �� surface runoff inu manner, which would result in flooding on- oroff-aito? e) Create or contribute runoff water which would exceed the capacity of existing orplanned Fl [l [l stonnwater drainage oyo(onoaorprov �� substantial additional sources ofpo||u1odrunoff? --- -�_ �� f) Otherwise substantially degrade water quality? �� F El g) Place housing within u10V'yoar flood hazard area no mapped onn federal Flood Hazard [7 Fl [� Boundary or Flood Insurance Rate Y0uporother �� flood hazard delineation nuup? ��.�� .. ��.... h) Place within a100`your flood hazard area structures, which would impede or redirect flood [l [7 [l f|nwo? � � � � � � � � 1 � � � 9 EXHIBIT i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a El E] El IE levee or dam? - --- ---- - - -- -- - ----- - ------- - .. ....... ... .. . .... ........ .......... . . Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ Z -- e an established a) Physically divide community? 1:1 ❑ El El - M ----- - - - ------------- --- - --- - - - ----------------- -- ❑ --------- - ------- - - . ..... ...................... .... ....... 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 ❑ ❑ ❑ Z coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? --------------- 1-1.1-1.1 - -- - - ----- --------------- - ---------- ...... . .- ....... . ... ......... --- .. ... ......... ................ . ...................... ..... ..................... c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? El El El Z a) Result in the loss of availability of a known mineral resource that would be of value to the ❑ ❑ ❑ Z region and the residents of the state? - - - -- ---------------------- . .. .......... - - - --------------- -.- -- ---- - - - ----- ------------------ ----- ... . .. .. .... . .......................... ... - .... ......... . .... ....... .. .... .. ..... b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan El El El 0 or other land use plan? a) Exposure of persons to or generation of noise levels in excess of standards established in the El El El M local general plan or noise ordinance, or .............. . .... applicable standards of other agencies? ..... . I .. . ... ... . ................... ............ - --.1-1-- ----- --- --- ---- - ---------- ..-I.- ------ b) I -- - - -------------- Exposure of persons to or generation of - ---- ....................... ........... ..................... ............. excessive groundborne vibration or ❑ ❑ ❑ Z groundborne noise levels? c) . ........... A substantial permanent increase in ambient . ... . .. ---- - --- --- ------ --- ----- noise levels in the project vicinity above levels ❑ ❑ ❑ Z ......... existing without the project? ... .. ............... . . --------- - -- -- .......... .......... . ................ . .. . d) A substantial temporary or periodic increase in ...... ..................... ..... . ....... .... . ... ........ . ........... -- ---- - - ------------- ambient noise levels in the project vicinity above ❑ ❑ ❑ Z levels existing without the project? 10 EXHIBIT A 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 El El El public use airport, would the project expose people residing or working in the project area to excessive noise levels? - -- ----.-...._..-._....-..... - --- - -------------------- _.--------- .--- ---------- --- ..__... -..... — f) For a project within the vicinity of a private _._- --- ---._._..._....... .._.._ .... .._.._ .......................__...---- airstrip, would the project expose people El El El residing or working in the project area to excessive noise levels? 13 Poputat�on and Housing`:. [Mould fhe pro /ect' a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes El El El 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 ;fie pro /ect �esu /t in s�tistantial adverseph} sical impacts associated with the provision of new or'physically altered govemniental facilities, °need for pew or physrcaUy alte/ea governmental 1: fa s Jfhe construcrioR of which could cause srgr)fficant e�urronmentaf impacts, in order to rna�ntam acceptable semce ratios, respomse Mmes Orother oenOrmance oblectrves forany of the- pubficservices- a) Fire Protection? ❑ ❑ ❑ - ------------ . .... --- ---- ----- --- -...--- .- .._. -... ---. .._.._..- ....__....__.......... - b) Police Protection? ........ ......- ❑ ......- ......._ ------ El ._.. -.... -- ....- -..._. ❑ ._. -.-..._..--- ------- . ......- ---- ---- - - - --- - - - - -- - - -- ---- --..-....----..-.-...---- ---- --- ..- ..-- -- - ---.-.- ..- ......--- -- c) Schools? - ._.... - - - - -- ..._... - -- ❑ .- ...__.- ....._ ❑ -..... - — _....._.._.__..._._... ❑ .............. ----- ................ -- .....__ ..... _ . .... _. ------ - ------ -- ---- -------.-.- --------------------------------------- - --------------- d) Parks? -- -------------- - --- -.-...-._-.._---------------.-...--- ❑ ❑ -- --- ----- --- ----- ❑ - --- _ .... .... -- ...._......._.... ....- _....._ ..............._.._ _.. - --.......--....-..----------.-.-..-...-----------------------------------------.-._.-..-_....-.--...--------------------_----- e) Other public facilities? ❑ ❑ ❑ 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 El El 1:1 recreational facilities, which might have an adverse physical effect on the environment? 11 EXHIBIT A 12 EXHIBIT A Less Than Potentially SignfTrcant Less khan S�gm�iyant With Signlhcant No ` Environmental Issues Im ct 1Nl i strop m acf actrl P t,9,_... p 16, Transportationrrraff "ic -1111. „�'Im Would the,pr`oject: 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 El substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? - .- ..,..---- --- -- - -. -.- 1111.._.--- ---- -- -- -- ._..---... ... .... --- ...................-------..-.-.-.-.-..--------------.._._...._.,_....-----.....-_...---.- ..-- --- b) Exceed, either individually or cumulatively, a .......- _.._.- ... -..... _.._.. level of service standard established by the ❑ El El county congestion management agency for designated roads or highways? . ... _... -- 1..1.1__,..1.. 1111 1111 ................. .... - - - .1111 -. -.- - c) Result in a change in air traffic patterns including either an increase in traffic levels or a El El 11 change in location that results in substantial safety risks? -- ............... - .._ .. ... ........ - . ............ _ .... .. 1111..- _....._.._...- ...._.._.... __._.- ...... . ... --- . ................................ .-..._-.-..-.-.-.-._--- - ...... .... .._.._.._.. ......... d) Substantially increase hazards due to a design ..... - ---- - - -- -- ----- ---- - ---- -- -.- ..- ._----------------- feature (e.g., sharp curves or dangerous El El El intersections) or incompatible uses (e.g., farm ......... equipment)? 1111. _._..._._.. - ..._. -_ ---------- ..._..._..._._.,_. 1111_.._ - - --- --------------- -------- e) Result in inadequate 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! Utiht�es�antl 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 1111 -.- 1111....._...._.....- _....._ __.. ._............ _ ............. .... - - — ----- --- ------------ water or wastewater treatment facilities or expansion of existing facilities, the construction ❑ ❑ ❑ of which could cause significant environmental effects? .1111..._ -- - -- -..- 1111... 1111 __........._. ..- .. -. -. c) Require or result in the construction of new ............ _...... 1111 111.1 .................... .. . .. -....... - ......... storm water drainage facilities or expansion of ❑ El El existing facilities, the construction of which could cause significant environmental effects? -- - ---._ .1...1_...11 _._... ..... ....... -. .-1-1--.1 1- -_,... _,1111 1111 - .- . -...- 1111 .......................... _ d) Have sufficient water supplies available to serve . the project from existing entitlements and El El El resources, or are new or expanded entitlements needed? 12 EXHIBIT A 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 existing commitments? - - -- -------- - - - - -- ......_....---...--------- ...........................-------.- .- ...--- --- -- ---..- ._.......... _.. ------ ......_. 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 El ❑ 1 : 1 and regulations related to solid waste? 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 b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future oroiects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? - -- --- - - - - -- n El ❑ ❑ ❑ ❑ N a El M 13 EXHIBIT A 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. Municipal Code Amendment 15 -02 is designed to encourage the City's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners or business owners. The code amendment establishes new limitations on legal nonconforming uses that were previously approved by a discretionary entitlement. It also requires a Minor Exception application process for the addition of conforming structures on R -1 and R -2 lots that are developed with legal nonconforming residential structures. Municipal Code Amendment 15 -02 proposes to maintain the existing standards and process in the Municipal Code for the termination of legal nonconforming uses and structures when they are determined to be a public nuisance. The amendment proposes to restrict legal nonconforming uses that were authorized by an approved discretionary permit to continuation only in compliance with the original discretionary permit conditions of approval. Although the amendment proposes to preserve residential development rights for properties that were legally developed with residential dwellings and accessory structures, and allow subject residential R -1 and R -2 lots to be expanded with new conforming structures, several standards are included to prevent impacts to the public and /or the environment. These residential expansions would need to include all necessary work to eliminate any hazard or safety problem on an existing structure in order to correct an unsafe condition. The proposal would also require any necessary work to maintain or improve the aesthetic appearance or architectural viability of the existing nonconforming structures onsite. 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 grading or development is proposed. The proposed Zoning Code amendment amends the Rosemead Municipal Code to delete outdated regulations, modify existing regulations, and introduce regulations applicable to legal nonconforming uses and structures. The code amendment does not propose a development project. 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). 14 EXHIBIT A 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. The proposed code amendment amends the Rosemead Municipal Code to delete outdated regulations, modify existing regulations, and introduce regulations applicable to legal nonconforming residential uses and structures. 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 impacts on existing agricultural resources would occur from implementation of Municipal Code Amendment 15 -02, 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 - attainment area for ozone, suspended particulate matter (PM10) and fine particulate matter (PM2.5). To ensure continued progress toward clean air and comply with state and federal requirements, the SCAQMD in conjunction with the California Air Resources Board (GARB), 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 15 -02 is not a development project or land use plan, nor does it propose any new grading, development entitlements, or land use changes. Municipal Code Amendment 15 -02 is designed to encourage the City's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners or business owners. The code amendment establishes new limitations on legal nonconforming uses that were previously approved by a discretionary entitlement. It also requires a Minor Exception application process for the addition of conforming structures on R -1 and R 72 lots that are developed with legal nonconforming residential structures. 15 EXHIBIT A Municipal Code Amendment 15 -02 proposes to maintain the existing standards and process in the Municipal Code for the termination of legal nonconforming uses and structures when they are determined to be a public nuisance. The amendment proposes to restrict legal nonconforming uses that were authorized by an approved discretionary permit to continuation only in compliance with the original discretionary permit conditions of approval. The intent of this project is to amend the Rosemead Municipal Code to delete outdated regulations, modify existing regulations, and introduce regulations applicable to legal nonconforming residential uses and structures. Therefore, there will be no impacts on air quality. 4. BIOLOGICAL RESOURCES Municipal Code Amendment 15 -02 is not a development project or land use plan, nor does it propose any new grading, development entitlements, or land use changes. Municipal Code Amendment 15 -02 is designed to encourage the City's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners or business owners. The code amendment establishes new limitations on legal nonconforming uses that were previously approved by a discretionary entitlement. It also requires a Minor Exception application process for the addition of conforming structures on R -1 and R -2 lots that are developed with legal nonconforming residential structures. The proposed Zoning Code amendment amends the Rosemead Municipal Code to delete outdated regulations, modify existing regulations, and introduce regulations applicable to legal nonconforming residential uses and structures. There is no expectation that the 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 15 -02 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 15 -02 relates to land located in urban areas that have already been disturbed with development. No wetlands would be impacted by approval of the proposed code amendment. The City of Rosemead is 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. 16 EXHIBIT A Approval of the Municipal Code Amendment 15 -02 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. Municipal Code Amendment 15 -02 involves regulatory changes to the City's Zoning Ordinance regarding the legal nonconforming uses and structures. The code amendment establishes new limitations on legal nonconforming uses that were previously approved by a discretionary entitlement. It also requires a Minor Exception application process for the addition of conforming structures on R -1 and R -2 lots that are developed with legal nonconforming residential structures. The proposed Zoning Code amendment amends the Rosemead Municipal Code to delete outdated regulations, modify existing regulations, and introduce regulations applicable to legal nonconforming residential uses and structures. 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 City's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners or business owners. The code amendment establishes new limitations on legal nonconforming uses that were previously approved by a discretionary entitlement. It also requires a Minor Exception application process for the addition of conforming structures on R -1 and R -2 lots that are developed with legal nonconforming residential structures. The proposed Zoning Code amendment amends the Rosemead Municipal 17 EXHIBIT A Code to delete outdated regulations, modify existing regulations, and introduce regulations applicable to legal nonconforming residential uses and structures. Although the amendment proposes to preserve residential development rights for properties that were legally developed with residential dwellings and accessory structures, and allow subject residential R -1 and R -2 lots to be expanded with new conforming structures, several standards are included to prevent impacts to the public and /or the environment. These residential expansions would need to include all necessary work to eliminate any hazard or safety problem on an existing structure in order to correct an unsafe condition. The proposal would also require any necessary work to maintain or improve the aesthetic appearance or architectural viability of the existing nonconforming structures onsite. Municipal Code Amendment 15 -02 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. 7, GREENHOUSE GAS EMISSIONS Municipal Code Amendment 15 -02 does not propose any physical development and therefore, will not generate greenhouse gas emissions. It is a code amendment designed to facilitate the City's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners. The code amendment establishes new limitations on legal nonconforming uses that were previously approved by a discretionary entitlement. It also requires a Minor Exception application process for the addition of conforming structures on R -1 and R -2 lots that are developed with legal nonconforming residential structures. Although the amendment proposes to preserve residential development rights for properties that were legally developed with residential dwellings and accessory structures, and allow subject residential R -1 and R -2 lots to be expanded with new conforming structures, several standards are included to prevent impacts to the public and /or the environment. These residential expansions would need to include all necessary work to eliminate any hazard or safety problem on an existing structure in order to correct an unsafe condition. The proposal would also require any necessary work to maintain or improve the aesthetic appearance or architectural viability of the existing nonconforming structures onsite. 18 EXHIBIT A The proposed Zoning Code amendment amends the Rosemead Municipal Code to delete outdated regulations, modify existing regulations, and introduce regulations applicable to legal nonconforming residential uses and structures. It does not propose any physical development and therefore, will not generate greenhouse gas emissions. 8. HAZARDS AND HAZARDOUS MATERIALS Municipal Code Amendment proposes to amend the Rosemead Municipal Code to delete outdated regulations, modify existing regulations, and introduce regulations applicable to legal nonconforming uses and structures. The code amendment establishes new limitations on legal nonconforming uses that were previously approved by a discretionary entitlement. It also requires a Minor Exception application process for the addition of conforming structures on R -1 and R -2 lots that are developed with legal nonconforming residential structures. Since Municipal Code Amendment 15 -02 does not propose a development project, it 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 15 -02 proposes to maintain the existing standards and process in the Municipal Code for the termination of legal nonconforming uses and structures when they are determined to be a public nuisance. The amendment proposes text to restrict the continuation of legal nonconforming uses that were authorized by an approved discretionary permit existence only in compliance with the original discretionary permit conditions of approval. Although the amendment proposes to preserve residential development rights for properties that were legally developed with residential dwellings and accessory structures, and allow subject residential R -1 and R -2 lots to be expanded with new conforming structures, several standards are included to prevent impacts to the public and /or the environment. These residential expansions would need to include all necessary work to eliminate any hazard or safety problem on an existing structure in order to correct an unsafe condition. The proposal would also be required to include any necessary work to maintain or improve the aesthetic appearance or architectural viability of the existing nonconforming structures onsite. The proposed Zoning Code amendment amends the Rosemead Municipal Code to delete outdated regulations, modify existing regulations, and introduce regulations applicable to legal nonconforming residential uses and structures. It does not propose 19 EXHIBIT A any physical development and therefore, will not generate impacts related to hazards and hazardous materials. 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. As indicated in the project description, Municipal Code Amendment 15 -02 is designed to encourage the City's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners. The code amendment establishes new limitations on legal nonconforming uses that were previously approved by a discretionary entitlement. It also requires a Minor Exception application process for the addition of conforming structures on R -1 and R -2 lots that are developed with legal nonconforming residential structures. Municipal Code Amendment 15 -02 proposes to maintain the existing standards and process in the Municipal Code for the termination of legal nonconforming uses and structures when they are determined to be a public nuisance. The amendment proposes to restrict legal nonconforming uses that were authorized by an approved discretionary permit to continuation only in compliance with the original discretionary permit conditions of approval. The intent of this project is to amend the Rosemead Municipal Code to delete outdated regulations, modify existing regulations, and introduce regulations applicable to legal nonconforming residential uses and structures. Therefore, there will be no impacts on hydrology and water quality. 20 EXHIBIT A 1W 11 12. 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. 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 15 -02 is consistent with the Rosemead General Plan as it provides several regulations to ensure that residential neighborhoods maintain stable and attractive. As indicated in the project description, Municipal Code Amendment 15 -02 is designed to encourage the City's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners. The code amendment establishes new limitations on legal nonconforming uses that were previously approved by a discretionary entitlement. It also requires a Minor Exception application process for the addition of conforming structures on R -1 and R -2 lots that are developed with legal nonconforming residential structures. Municipal Code Amendment 15 -02 proposes to maintain the existing standards and process in the Municipal Code for the termination of legal nonconforming uses and structures when they are determined to be a public nuisance. The amendment proposes to restrict legal nonconforming uses that were authorized by an approved discretionary permit to continuation only in compliance with the original discretionary permit conditions of approval. The intent of this project is to amend the Rosemead Municipal Code to delete outdated regulations, modify existing regulations, and introduce regulations applicable to legal nonconforming residential uses and structures. 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. The proposed regulatory change is not site specific and would not conflict with any 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 NOISE 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. As previously stated in the project description, Municipal Code Amendment 15 -02 is designed to encourage the City's continuing improvement by limiting the extent to which 21 EXHIBIT A nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners or business owners. The code amendment establishes new limitations on legal nonconforming uses that were previously approved by a discretionary entitlement. It also requires a Minor Exception application process for the addition of conforming structures on R -1 and R -2 lots that are developed with legal nonconforming residential structures. Municipal Code Amendment 15 -02 proposes to maintain the existing standards and process in the Municipal Code for the termination of legal nonconforming uses and structures when they are determined to be a public nuisance. The amendment proposes to restrict legal nonconforming uses that were authorized by an approved discretionary permit to continuation only in compliance with the original discretionary permit conditions of approval. The intent of this project is to amend the Rosemead Municipal Code to delete outdated regulations, modify existing regulations, and introduce regulations applicable to legal nonconforming residential uses and structures. 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. 13. POPULATION AND HOUSING Municipal Code Amendment 15 -02 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. As indicated in the project description, Municipal Code Amendment 15 -02 is designed to encourage the City's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners or business owners. The code amendment establishes new limitations on legal nonconforming uses that were previously approved by a discretionary entitlement. It also requires a Minor Exception application process for the addition of conforming structures on R -1 and R -2 lots that are developed with legal nonconforming residential structures. New dwelling units proposed would have to comply with the density requirements of the Rosemead General Plan and Zoning Code. Municipal Code Amendment 15 -02 does not propose any physical development, nor does it involve demolition or dislocation of any structures. The proposed Zoning Code amendment amends the Rosemead Municipal Code to delete outdated regulations, modify existing regulations, and introduce regulations applicable to legal nonconforming residential uses and structures. Therefore, no significant impacts would occur and no mitigation measures would be required. 22 EXHIBIT A 14. PUBLIC SERVICES As indicated in the project description, Municipal Code Amendment 15 -02 is designed to encourage the City's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners or business owners. The code amendment establishes new limitations on legal nonconforming uses that were previously approved by a discretionary entitlement. It also requires a Minor Exception application process for the addition of conforming structures on R -1 and R -2 lots that are developed with legal nonconforming residential structures. New dwelling units proposed would have to comply with the density requirements of the Rosemead General Plan and Zoning Code. Municipal Code Amendment 15 -02 does not propose any physical development, nor does it involve demolition or dislocation of any structures. The proposed Zoning Code amendment amends the Rosemead Municipal Code to delete outdated regulations, modify existing regulations, and introduce regulations applicable to legal nonconforming residential uses and structures. Therefore, the approval of Municipal Code Amendment 15 -02 would not increase the demands on existing public services and would not adversely affect fire protection, police protection, schools, parks or other public facilities. 15. RECREATION As indicated in the project description, Municipal Code Amendment 15 -02 is designed to encourage the City's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners or business owners. The code amendment establishes new limitations on legal nonconforming uses that were previously approved by a discretionary entitlement. It also requires a Minor Exception application process the addition of conforming structures on R -1 and R -2 lots that are developed with legal nonconforming residential structures. New dwelling units proposed would have to comply with the density requirements of the Rosemead General Plan and Zoning Code. 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. 23 EXHIBIT A 16. TRANSPORTATION/TRAFFIC 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. As indicated in the project description, Municipal Code Amendment 15 -02 is designed to encourage the City's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners or business owners. The code amendment establishes new limitations on legal nonconforming uses that were previously approved by a discretionary entitlement. It also requires a Minor Exception application process for the addition of conforming structures on R -1 and R -2 lots that are developed with legal nonconforming residential structures. New dwelling units proposed would have to comply with the density and floor area requirements of the Rosemead General Plan and Zoning Code. 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. As previously stated in the project description, Municipal Code Amendment 15 -02 is designed to encourage the City's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, 24 EXHIBIT A while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners or business owners. The code amendment establishes new limitations on legal nonconforming uses that were previously approved by a discretionary entitlement. It also requires a Minor Exception application process for the addition of conforming structures on R -1 and R -2 lots that are developed with legal nonconforming residential structures. Municipal Code Amendment 15 -02 proposes to maintain the existing standards and process in the Municipal Code for the termination of legal nonconforming uses and structures when they are determined to be a public nuisance. The amendment proposes to restrict legal nonconforming uses that were authorized by an approved discretionary permit to continuation only in compliance with the original discretionary permit conditions of approval. The intent of this project is to amend the Rosemead Municipal Code to delete outdated regulations, modify existing regulations, and introduce regulations applicable to legal nonconforming residential uses and structures. Therefore, the approval of the proposed Municipal Code Amendment will not result in the need to construct new storm drain facilities, create adverse groundwater impacts, or generate solid waste generation impacts. 18. MANDATORY FINDINGS OF SIGNIFICANCE Municipal Code Amendment 15 -02 is designed to encourage the City's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners or business owners. The code amendment establishes new limitations on legal nonconforming uses that were previously approved 'by a discretionary entitlement. It also requires a Minor Exception application process for the addition of conforming structures on R -1 and R -2 lots that are developed with legal nonconforming residential structures. Municipal Code Amendment 15 -02 proposes to maintain the existing standards and process in the Municipal Code for the termination of legal nonconforming uses and structures when they are determined to be a public nuisance. The amendment proposes to restrict legal nonconforming uses that were authorized by an approved discretionary permit to continuation only in compliance with the original discretionary permit conditions of approval. The intent of this project is to amend the Rosemead Municipal Code to delete outdated regulations, modify existing regulations, and introduce regulations applicable to legal nonconforming residential uses and structures. The proposed amendment does not propose any physical development or land use change. Therefore, there is no potential to degrade the quality of the environment, including biological and cultural resources, generate cumulative impacts, or cause substantial adverse effects on human beings, either directly or indirectly. 26 EXHIBIT A 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) www.conservation.ca.gov 9. California Department of Conservation, Division of Mines and Geology, Seismic Hazard Zones (El Monte Quadrangle, 1999) www.conservation.ca.gov 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 26 EXHIBIT A DRAFT MUNICIPAL CODE AMENDMENT 15 -02 Strike - though /Underline Version Amendment to Title 17, Article 1, Chapter 17.04, Section 17.04.050 (Definitions) of the Rosemead Municipal Code Amendment to Title 17, Article 4, Chapter 17.72 of the Rosemead Municipal Code Chapter 17.72 NONCONFORMING USES, STRUCTURES, LOTS AND PARKING FACILITIES Sections: 17.72.010 Purpose. 17.72.020 Limatafinngen other uses� and —structures. Establishment of legal nonconforming status. 17.72.030 Legai nonconforming uses. 17.72.040 Legal nonconforming structures. 17.71050 Ne^^rr,; ing parking. 17.71060 Parking structures and residential- garages. 17.72.050 Legal nonconforming lots. 17.71060 Reconstruction of damaged legal nonconforming buildings. 17.72.070 Residential Exceptions. 17.72.080 Loss of legal nonconforming status. 17.72.090 Amortization. 17.72. 10 Purpose These are 1and uses and strue4ures w4hin the City that weFe lawfully would be prohibited, regulated OF FOStriGted di#eFently undpr the Al-Ir.rPRA terms of this tifle S This Chapter establishes regulations for legal nonconforming land uses structures and lots These are land uses, structures, and lots within the City that were lawfully established constructed, or subdivided before the adoption or amendment of this code, but which would be EXHIBIT B nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual propertv owners or business owners. Excepted from these regulations are nonconforming signs, billboards and advertising devices, which are subject to the provisions of Chapter 17.11669 (Signs) of this Title. 17.72.020 Establishment of legal nonconforming status. A. These provisions shall regulate the continuation, termination, and modification of land uses structures and lots that were lawfully established, but which no longer conform to the tenancy without any change in use, occupancy, or development shall not affect any of the legal nonconforming rights, privileges, and responsibilities provided under this Chapter. B. Land uses structures, and lots not having previously acquired proper permits are illegal and subject to immediate abatement. C. It shall be the property owner's responsibility to provide evidence or information to justify the establishment of nonconforming rights subject to the satisfaction of the Building Official. 17.72.030 Legal nonconforming uses. A. Except as hereinafter expressly provided, as long as a nonconforming use exists upon any lot, no new use may be established or no new building may be constructed thereon. B. Continuation of use. Any nonconforming use may be maintained and continued provided that there is no increase or enlargement of the area, space, or volume occupied by or devoted to the nonconforming use. Alterations that do not increase or enlarge a nonconforming use or increase environmental impacts (such as traffic, noise, drainage, light and glare, etc.) may be approved. C. Abandonment or discontinuance of use. A nonconforming use which has been abandoned or has been discontinued for a period of one (1) year shall not be reestablished and any subsequent reuse or any new use established shall conform to the current provisions of this Title. D. Change of use. A nonconforming use that is changed to, or replaced by a conforming use shall not be reestablished. EXHIBIT B E. Nonconforming due to parking. A use that is nonconforming due to the lack of compliance with off - street parking standards may undergo chanaes in use subject to the provisions listed below. 1. Land use changes in nonresidential zones. a. Notwithstanding the provisions set forth in Section 17.72.030.E.1.b, the use of a structure, which is only nonconforming due to lack of compliance with off - street parking requirements required this Zoning Code, may be changed to another use as long as the new use is permitted in the zoning district and does not require any more parking than the current use within the structure, provided that any unsafe conditions determined to exist by the Community Development Director, or Building and Safety Official or City Engineer shall be made to conform to current City standards. b. The use of a nonresidential structure, which is nonconforming due to lack of compliance with off - street parking requirements with respect to the number of stalls required by this Zoning Code, may be changed to another use which requires more parking than the current use within the structure if the applicant can demonstrate that it ,;;n hp r Crated thro the . pp and compliance with alternative parking provisions, as set forth in Chapter 17.112 (Off- Street Parking and Loading) will meet the purposes of this code. 2. Land use changes in residential zones. radius, minimum stall size, setback, or landscaping may be used to serve a new residential structure that does not require more parking than the original structure, provided that any unsafe conditions determined to exist by the Community Development Director, or Building and Safety Official, or City Engineer shall be made to conform to current City standards. b. Residential single- family dwellings. An addition that does not exceed one hundred twenty (120) square feet shall be permitted to any single - family detached dwelling which is nonconforming due to, provided the following facts are found by the Community Development Director: 1) The proposed addition does not exceed one hundred twenty (120) square feet and no other building permits for additions have been issued for the subject dwelling, 2) There has been no conversion of required automobile parking spaces to any other use on the subject property, and 3) The proposed addition does not, by virtue of its placement on the subject property, preclude future construction of an enclosed garage per the City's Zoning Code. F. Effect of discretionary permit requirements (such as Conditional Use Permit, Design Review Approval, Zone Variance Administrative Use Permit or Minor Exception Permit, etc.). pffi as EXHIBIT B :T.�.. ... .. original discretionary permit conditions of approval. The Va iannp c; CAnd;tioncl Use Permit, discretionary permit must be validly issued and remain unrevoked and unexpired. 2. 17.72.040 Legal nonconforming structures. A. Except for the provisions set forth' in Section 17 72.090 (Residential Exceptions) as long as a nonconforming building or structure exists upon any lot no new buildinq or structure may be established or constructed thereon. B. Alterations or additions. The interior alteration and structure enlargement or expansion, eX +^^°°^^ ^• Fpronstr tine of a nonconforming structure that is occupied by a conforming use shall be subject to the following: Enlargement. A structure that is legal nonconforming due to setbacks, height, or other similar development standard, but not including floor area, may be enlarged or extended provided that the enlargement shall not increase the degree of nonconformity nor shall it extend into any conforming setback area. Such enlargement shall be processed pursuant to the standards set forth in Chapter 17.142 (Minor Exceptions). In the event that the original _ buildinq or structure was subiect to a discretionary permit. the appropriate approval authority in Section 17.120.100 (Changes to an approved project) shall review the propos enlargement subiect to the standards set forth in Chapter 17.142 2. Interior alterations. Changes to interior partitions or other non - structural improvements may be made within structure that is legal nonconforming. C. Repairs and maintenance. Ordinary repairs and maintenance work may be made to legal nonconforming structures, subject to the following provisions: Ordinary repairs and the repair or replacement of nonbearing walls, fences, fixtures, wiring, and plumbing may be made to an extent not exceeding the latest assessed valuation of the structure. EXHIBIT B area boundaries hours of operation etc) Any change in use requires the approval of the appropriate discretionary permit in accordance with the provisions of this Zoning Code. 2. Maintenance work shall not include structural alterations, except those required by the Building Official or by any officer of the City charged with protecting the public safety, in order to correct an unsafe condition. ... (Moved to Section 17.72.030) A.. 11SP *Rt 1A RARGGRfeFMiRg due te the laek of cernplianGe with off street parking standards FPS &Z MUR 17.79.060 _P;arIdng structures and residential garages. (Moved to Section 17.72.030 Legal Nonconforming uses.) 17.72.0750 Legal Nonconforming lots. Nonconforming lots may be developed in conformance with the provisions outlined in Article 2, Chapter 17.08, Section 17.08.050. 17.72.0860 Reconstruction of damaged nonconforming buildings. Nonconforming structures damaged or destroyed due to an involuntary catastrophic event (e.g. fire, earthquake, or other calamity) may be reconstructed or replaced provided: EXHIBIT B A. The new structure shall comply with the development standards (such as setbacks and height standards) in effect when the damaged or destroyed structure was originally constructed; provided however, the new structure shall contain no more dwelling units and /or floor area than the damaged structure. B. All new construction shall comply with the current Building and Fire Code requirements. However, the Building Official may require compliance for areas other than the new construction when deemed necessary. C. A building permit for reconstruction must be obtained no later than one (1) year after the date of destruction, and construction must be pursued diligently to completion. D. If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this Title in effect on the date of application for the required building permit. 17.72.070 Residential Exceptions, course of zoning code amendments and zone changes have been made legal nonconforming A. Existing single - family or duplex dwellings with nonconforming side yards solely due to the application of Ordinance No. 851 An existing single - family dwelling unit or duplex in the R- 1 or R -2 zone that became legal nonconforming solely due to the application of Ordinance No. 851 to the unit or duplex's side yard setback requirements as set forth in Article 2, Table 17.12.030.1 (Residential District Development Standards) and which, absent the changes made by Ordinance No. 851, would conform to this Code may be enlarged or extended provided that: The enlargement or addition conforms to all other requirements and standards of this Zoning Code; 2. The enlargement or addition shall not increase the degree of non - conformity, including adding additional floor area in the portion of the unit or duplex located in the side yard setback as modified by Ordinance No. 851, and 3. The enlargement shall not exceed fifty (50) percent of the existing floor area of the dwelling unit or duplex. 4. Any other request for an enlargement that does not comply with the standards set forth in Section 17.72.040.A.3.a -c shall be permitted subject pursuant to the standards set forth in Chapter 17.142 (Minor Exceptions). B. Addition of new structures on R -1 and R -2 lots where nonconforming residential structures exist. R -1 and R -2 lots may be expanded with additional residential units or related accessory structures, provided that the additional structures comply with the development standards and requirements of this Zoning Code Such expansion shall be processed pursuant to the standards set forth in Chapter 17.142 (Minor Exceptions) if the following findings can be made: EXHIBIT B 1. The proposal includes all necessary work to eliminate any hazard or safety problem on 2. The proposal includes the necessary work to maintain or improve the aesthetic appearance or architectural viability of the existing nonconforming structures onsite; 3. The legal nonconforming residential unit(s) that exist onsite are solely nonconforming due to minimum residential unit floor area, setbacks, building separation, building height, entry treatment height, and second story architectural standards: 4. The legal nonconforming residential accessory structure(s) proposed to remain onsite are solely nonconforming due to driveway width, turning radius minimum stall size, setbacks, or landscaping: 5. No previous discretionary permit has been approved for the subject site: and 6. The subiect lot does not require the approval of a Design Review entitlement for proposed dwelling unit size or increase in building pad or front yard elevation. C. Legal nonconforming chain -link fences in R -1, R -2, and R -3 zones. All existing legal nonconforming chain -link fences in the R -1, R -2, and R -3 zones shall be permitted to continue as such until removed, extended or altered beyond the exception provisions stated below, at which time such fence shall be made to conform to the requirements of Chapter 17.68 (Fences, Walls, and Landscape Screening). No impact on additions and remodels to single - family dwellings or duplexes. All existing legal nonconforming chain -link fences in the R -1, R -2, and R -3 zones shall be permitted to continue, provided that the existing chain -link fencing is not considered a public nuisance as defined in Chapter 8.44 (Property Maintenance), at the time a residential addition or remodel is proposed. 2. Repairs and maintenance. Routine maintenance, such as rust removal, or replacement of less than fifty (50) percent of the length of the fence along any property line with in- kind material shall be permitted. Replacement of fifty (50) percent or more of the length of a fence along any property line shall constitute a new fence, and in such case all legal nonconforming chain -link fencing shall then be removed from the subject property. 3. Reconstruction of damaged nonconforming chain -link fences. Nonconforming chain -link fencing damaged or destroyed due to an involuntary catastrophic event (e.g. fire, earthquake, or other calamity) may be reconstructed or replaced provided: a. A fence permit for reconstruction must be obtained no later that forty -five (45) days after the date of destruction, and construction must be pursued diligently to completion. b. The new chain -link fence shall comply with all other development standards outlined in Chapter 17.68 (Fences, Walls, and Landscape Screening). EXHIBIT B c. If the preceding requirements are not met, the replacement fencing shall comply with all current requirements of this Title in effect on the date of the application for the required fence permit. D. Legal nonconforming residential structures in nonresidential zones: Properties previously zoned residential with legally established residential uses that have been re -zoned non- residential may continue to be used and developed in compliance with the R -1 development standards including but not limited to, additions and expansions, but not including the construction of additional units. 1. Vacant Properties. Vacant properties shall be developed in compliance with the non- residential development standards. Non - Residential Development. If the property is developed into a non - residential use in conformance with the non - residential zone the property will lose its non - conforming exception status and must from that point forward conform to the existing zone. 17.72AN080 Loss of legal nonconforming status. A. The right to continue a nonconforming use shall terminate when it is determined to be a public nuisance by order of the Hearing Officer pursuant to procedures provided in Chapter 8.44 of this code or the order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the Hearing Officer or the order of the court. In addition to the specific grounds for finding a nuisance as set forth in Chapter 8.44 of this code, a nonconforming use is a public nuisance if: 1. The use is, or likely to become, injurious or detrimental to health, safety or welfare, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street or highway; or 2. The use is a business establishment that permits persons to congregate for unreasonably long time periods in parking areas and /or pedestrian walkways resulting in unreasonable noise levels in residential areas between the hours of nine p.m. to seven a.m., or resulting in the persons obstructing or interfering with the free passageway in the parking areas or on said pedestrian walkways, or which becomes a place where an unreasonable number of violations of Title 9 (Public Peace, Morals and Welfare) of this code (such as underage drinking or gambling); or B. The right to continue the use of a nonconforming structure shall terminate when the structure and /or the parcel on which it is located is determined to be a public nuisance by order of the Hearing Officer made pursuant to Chapter 8.44 of this code, or by judgment or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the Hearing Officer or order of the court. If the abatement of the nuisance required demolition of the structure, the order, judgment or order of the court shall find that there is no other way reasonably to correct the nuisances other than by demolition of the structure. C. Where it cannot be found that demolition of a structure is appropriate, the Hearing Officer shall permit the structure to remain in existence, but may impose one or more conditions to EXHIBIT B bring the structure into conformity with the requirements of this Title so far as is reasonable in addition to any other conditions necessary to abate the public nuisance. D. Notwithstanding the provisions set forth in Section 17.72.100.A —C, any legal nonconforming use or structure that was approved with a discretionary permit that is in violation of any condition of approval, law, statute, or City ordinance shall be modified or revoked in accordance with the applicable revocation procedures set forth in the Rosemead Municipal Code. 17.72.090 Amortization. The Zoning Code gives the City Council the authority to establish Amortization Regulations for nonconforming uses, structures, and buildings. EXHIBIT B DRAFT MUNICIPAL CODE AMENDMENT 15 -02 FINAL EDITED VERSION Code Amendment. The definition of "Bachelor Apartment" in Title 17, Article 1, Chapter 17.04, Section 17.04.050 (Definitions) of the Rosemead Municipal Code is HEREBY REMOVED in its entirety. Code Amendment. Title 17, Article 4, Chapter 17.72 is HEREBY AMENDED to read as follows: Chapter 17.72 NONCONFORMING USES, STRUCTURES, LOTS AND PARKING FACILITIES Sections: 17.72.010 Purpose. 17.72.020 Establishment of legal nonconforming status. 17.72.030 Legal nonconforming uses. 17.72.040 Legal nonconforming structures. 17.72.050 Legal nonconforming lots. 17.72.060 Reconstruction of damaged legal nonconforming buildings. 17.72.070 Residential Exceptions. 17.72.080 Loss of legal nonconforming status. 17.72.090 Amortization. 17.72.010 Purpose. This Chapter establishes regulations for legal nonconforming land uses, structures, and lots. These are land uses, structures, and lots within the City that were lawfully established, constructed, or subdivided before the adoption or amendment of this code, but which would be prohibited, regulated, or restricted differently under the current terms of this code. This Chapter is intended to encourage the City's continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property owners or business owners. Excepted from these regulations are nonconforming signs, billboards and advertising devices, which are subject to the provisions of Chapter 17.116 of this Title. 17.72.020 Establishment of legal nonconforming status. A. These provisions shall regulate the continuation, termination, and modification of land uses, structures, and lots that were lawfully established, but which no longer conform to the provisions of the Zoning Code due to a change in zoning boundaries, change in the regulations for the zone in which it is located, or upon annexation. A change in ownership or tenancy without any change in use, occupancy, or development shall not affect any of the legal nonconforming rights, privileges, and responsibilities provided under this Chapter. EXHIBIT C B. Land uses, structures, and lots not having previously acquired proper permits are illegal and subject to immediate abatement. C. It shall be the property owner's responsibility to provide evidence or information to justify the establishment of nonconforming rights subject to the satisfaction of the Building Official. 17.72.030 Legal nonconforming uses. A. Except as hereinafter expressly provided, as long as a nonconforming use exists upon any lot, no new use may be established or no new building may be constructed thereon. B. Continuation of use. Any nonconforming use may be maintained and continued provided that there is no increase or enlargement of the area, space, or volume occupied by or devoted to the nonconforming use. Alterations that do not increase or enlarge a nonconforming use or increase environmental impacts (such as traffic, noise, drainage, light and glare, etc.) may be approved. C. Abandonment or discontinuance of use. A nonconforming use which has been abandoned or has been discontinued for a period of one (1) year shall not be reestablished and any subsequent reuse or any new use established shall conform to the current provisions of this Title. D. Change of use. A nonconforming use that is changed to, or replaced by a conforming use shall not be reestablished. E. Nonconforming due to parking. A use that is nonconforming due to the lack of compliance with off - street parking standards may undergo changes in use subject to the provisions listed below. 1. Land use changes in nonresidential zones. a. Notwithstanding the provisions set forth in Section 17.72.030.E.1.b, the use of a structure, which is only nonconforming due to lack of compliance with off - street parking requirements required this Zoning Code, may be changed to another use as long as the new use is permitted in the zoning district and does not require any more parking than the current use within the structure, provided that any unsafe conditions determined to exist by the Community Development Director, or Building and Safety Official, or City Engineer shall be made to conform to current City standards. b. The use of a nonresidential structure, which is nonconforming due to lack of compliance with off - street parking requirements with respect to the number of stalls required by this Zoning Code, may be changed to another use which requires more parking than the current use within the structure if the applicant can demonstrate that compliance with alternative parking provisions, as set forth in Chapter 17.112 (Off - Street Parking and Loading) will meet the purposes of this code. 2. Land use changes in residential zones. 2 EXHIBIT C a. Residential garages. A residential garage that is nonconforming due to the lack of compliance with off - street parking standards relating only to driveway width, turning radius, minimum stall size, setback, or landscaping may be used to serve a new residential structure that does not require more parking than the original structure, provided that any unsafe conditions determined to exist by the Community Development Director, or Building and Safety Official, or City Engineer shall be made to conform to current City standards. b. Residential single - family dwellings. An addition that does not exceed one hundred twenty (120) square feet shall be permitted to any single - family detached dwelling which is nonconforming due to, provided the following facts are found by the Community Development Director: 1) The proposed addition does not exceed one and no other building permits for additions dwelling, 2) There has been no conversion of required other use on the subject property, and 3) The proposed addition does not, by virtue property, preclude future construction of at Zoning Code. hundred twenty (120) square feet have been issued for the subject automobile parking spaces to any of its placement on the subject enclosed garage per the City's F. Effect of discretionary permit requirements (such as Conditional Use Permit, Design Review Approval, Zone Variance, Administrative Use Permit, or Minor Exception Permit, etc.). 1. Existing discretionary permit approvals in effect. A use that was authorized by an approved discretionary permit but is not allowed by this Zoning Code may continue in compliance with the original discretionary permit conditions of approval. The discretionary permit must be validly issued and remain unrevoked and unexpired. 2. Absence of a discretionary permit approval. A use of a discretionary permit that would be required b conforming only to the extent of its previous lawfL area boundaries, hours of operation, etc.). Any cl the appropriate discretionary permit in accordanc Code. lawfully existing without the approval i this Zoning Code shall be deemed use (e.g. maintaining the same site ange in use requires the approval of with the provisions of this Zoning 17.72.040 Legal nonconforming structures. A. Except for the provisions set forth in Section 17.72.090 (Residential Exceptions), as long as a nonconforming building or structure exists upon any lot, no new building or structure may be established or constructed thereon. B. Alterations or additions. The interior alteration and structure enlargement or expansion, of a nonconforming structure that is occupied by a conforming use shall be subject to the following: Enlargement. A structure that is legal nonconforming due to setbacks, height, or other similar development standard, but not including floor area, may be enlarged or extended provided that the enlargement shall not increase the degree of nonconformity nor shall it extend into any conforming setback area. Such enlargement shall be processed 3 EXHIBIT C pursuant to the standards set forth in Chapter 17.142 (Minor Exceptions). In the event that the original building or structure was subject to a discretionary permit, the appropriate approval authority in Section 17.120.100 (Changes to an approved project) shall review the proposed enlargement subject to the standards set forth in Chapter 17.142. Interior alterations. Changes to interior partitions or other non- structural improvements may be made within structure that is legal nonconforming. C. Repairs and maintenance. Ordinary repairs and maintenance work may be made to legal nonconforming structures, subject to the following provisions: Ordinary repairs and the repair or replacement of nonbearing walls, fences, fixtures, wiring, and plumbing may be made to an extent not exceeding the latest assessed valuation of the structure. 2. Maintenance work shall not include structural alterations, except those required by the Building Official or by any officer of the City charged with protecting the public safety, in order to correct an unsafe condition. 17.72.050 Legal Nonconforming lots. Nonconforming lots may be developed in conformance with the provisions outlined in Article 2, Chapter 17.08, Section 17.08.050. 17.72.060 Reconstruction of damaged nonconforming buildings. Nonconforming structures damaged or destroyed due to an involuntary catastrophic event (e.g. fire, earthquake, or other calamity) may be reconstructed or replaced provided: A. The new structure shall comply with the development standards (such as setbacks and height standards) in effect when the damaged or destroyed structure was originally constructed; provided however, the new structure shall contain no more dwelling units and /or floor area than the damaged structure. B. All new construction shall comply with the current Building and Fire Code requirements. However, the Building Official may require compliance for areas other than the new construction when deemed necessary. C. A building permit for reconstruction must be obtained no later than one (1) year after the date of destruction, and construction must be pursued diligently to completion. D. If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this Title in effect on the date of application for the required building permit. 17.72.070 Residential Exceptions. The purpose of this Section is to preserve residential development rights for properties that were legally developed with residential dwellings and accessory structures, but through the course of zoning code amendments and zone changes have been made legal nonconforming. 4 EXHIBIT C A. Existing single - family or duplex dwellings with nonconforming side yards solely due to the application of Ordinance No. 851. An existing single - family dwelling unit or duplex in the R- 1 or R -2 zone that became legal nonconforming solely due to the application of Ordinance No. 851 to the unit or duplex's side yard setback requirements as set forth in Article 2, Table 17.12.030.1 (Residential District Development Standards) and which, absent the changes made by Ordinance No. 851, would conform to this Code may be enlarged or extended provided that: 1. The enlargement or addition conforms to all other requirements and standards of this Zoning Code; 2. The enlargement or addition shall not increase the degree of non - conformity, including adding additional floor area in the portion of the unit or duplex located in the side yard setback as modified by Ordinance No. 851, and 3. The enlargement shall not exceed fifty (50) percent of the existing floor area of the dwelling unit or duplex. 4. Any other request for an enlargement that does not comply with the standards set forth in Section 17.72.040.A.3.a -c shall be subject pursuant to the standards set forth in Chapter 17.142 (Minor Exceptions). B. Addition of new structures on R -1 and R -2 lots where nonconforming residential structures exist. R -1 and R -2 lots may be expanded with additional residential units or related accessory structures, provided that the additional structures comply with the development standards and requirements of this Zoning Code. Such expansion shall be processed pursuant to the standards set forth in Chapter 17.142 (Minor Exceptions) if the following findings can be made: 1. The proposal includes all necessary work to eliminate any hazard or safety problem on an existing structure, as required by the Building Official or by an officer of the City charged with protecting the public safety, in order to correct an unsafe condition; 2. The proposal includes the necessary work to maintain or improve the aesthetic appearance or architectural viability of the existing nonconforming structures onsite; 3. The legal nonconforming residential unit(s) that exist onsite are solely nonconforming due to minimum residential unit floor area, setbacks, building separation, building height, entry treatment height, and second story architectural standards; 4. The legal nonconforming residential accessory structure(s) proposed to remain onsite are solely nonconforming due to driveway width, turning radius, minimum stall size, setbacks, or landscaping; 5. No previous discretionary permit has been approved for the subject site; and 6. The subject lot does not require the approval of a Design Review entitlement for proposed dwelling unit size or increase in building pad or front yard elevation. C. Legal nonconforming chain -link fences in R -1, R -2, and R -3 zones. All existing legal nonconforming chain -link fences in the R -1, R -2, and R -3 zones shall be permitted to 5 EXHIBIT C continue as such until removed, extended or altered beyond the exception provisions stated below, at which time such fence shall be made to conform to the requirements of Chapter 17.68 (Fences, Walls, and Landscape Screening). 1. No impact on additions and remodels to single - family dwellings or duplexes. All existing legal nonconforming chain -link fences in the R -1, R -2, and R -3 zones shall be permitted to continue, provided that the existing chain -link fencing is not considered a public nuisance as defined in Chapter 8.44 (Property Maintenance), at the time a residential addition or remodel is proposed. 2. Repairs and maintenance. Routine maintenance, such as rust removal, or replacement of less than fifty (50) percent of the length of the fence along any property line with in- kind material shall be permitted. Replacement of fifty (50) percent or more of the length of a fence along any property line shall constitute a new fence, and in such case all legal nonconforming chain -link fencing shall then be removed from the subject property. 3. Reconstruction of damaged nonconforming chain -link fences. Nonconforming chain -link fencing damaged or destroyed due to an involuntary catastrophic event (e.g. fire, earthquake, or other calamity) may be reconstructed or replaced provided: a. A fence permit for reconstruction must be obtained no later than forty -five (45) days after the date of destruction, and construction must be pursued diligently to completion. b. The new chain -link fence shall comply with all other development standards outlined in Chapter 17.68 (Fences, Walls, and Landscape Screening). c. If the preceding requirements are not met, the replacement fencing shall comply with all current requirements of this Title in effect on the date of the application for the required fence permit. D. Legal nonconforming residential structures in nonresidential zones: Properties previously zoned residential with legally established residential uses that have been re -zoned non- residential may continue to be used and developed in compliance with the R -1 development standards including but not limited to, additions and expansions, but not including the construction of additional units. 1. Vacant Properties. Vacant properties shall be developed in compliance with the non- residential development standards. 2. Non - Residential Development. If the property is developed into a non - residential use in conformance with the non - residential zone the property will lose its non- conforming exception status and must from that point forward conform to the existing zone. 17.72.080 Loss of legal nonconforming status. A. The right to continue a nonconforming use shall terminate when it is determined to be a public nuisance by order of the Hearing Officer pursuant to procedures provided in Chapter 8.44 of this code or the order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the Hearing Officer or the EXHIBIT C order of the court. In addition to the specific grounds for finding a nuisance as set forth in Chapter 8.44 of this code, a nonconforming use is a public nuisance if: 1. The use is, or likely to become, injurious or detrimental to health, safety or welfare, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street or highway; or 2. The use is a business establishment that permits persons to congregate for unreasonably long time periods in parking areas and /or pedestrian walkways resulting in unreasonable noise levels in residential areas between the hours of nine p.m. to seven a.m., or resulting in the persons obstructing or interfering with the free passageway in the parking areas or on said pedestrian walkways, or which becomes a place where an unreasonable number of violations of Title 9 (Public Peace, Morals and Welfare) of this code (such as underage drinking or gambling); or B. The right to continue the use of a nonconforming structure shall terminate when the structure and /or the parcel on which it is located is determined to be a public nuisance by order of the Hearing Officer made pursuant to Chapter 8.44 of this code, or by judgment or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the Hearing Officer or order of the court. If the abatement of the nuisance required demolition of the structure, the order, judgment or order of the court shall find that there is no other way reasonably to correct the nuisances other than by demolition of the structure. C. Where it cannot be found that demolition of a structure is appropriate, the Hearing Officer shall permit the structure to remain in existence, but may impose one or more conditions to bring the structure into conformity with the requirements of this Title so far as is reasonable in addition to any other conditions necessary to abate the public nuisance. D. Notwithstanding the provisions set forth in Section 17.72.100.A —C, any legal nonconforming use or structure that was approved with a discretionary permit that is in violation of any condition of approval, law, statute, or City ordinance shall be modified or revoked in accordance with the applicable revocation procedures set forth in the Rosemead Municipal Code. 17.72.090 Amortization. The Zoning Code gives the City Council the authority to establish Amortization Regulations for nonconforming uses, structures, and buildings. 7 EXHIBIT C