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CC - Item 3A - Public Hearing on Accessory Dwelling Unit - Municipal Code Amendment 20-01ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER, , , O DATE: JULY 14, 2020 SUBJECT: PUBLIC HEARING ON ACCESSORY DWELLING UNITS - MUNICIPAL CODE AMENDMENT 20-01 SUMMARY On October 9, 2019, Governor Gavin Newsom signed several bills into law (Assembly Bill 68, Assembly Bill 881, and Senate Bill 13), which amended Government Code Sections 65852.2 and 65852.22 pertaining to the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). These regulations became effective on January 1, 2020 and pre-empt all local ordinances that do not comply with the new standards. The proposed Municipal Code Amendment (MCA 20-01) is intended to bring Title 17 (Zoning) of the Rosemead Municipal Code up to compliance with State legislation regarding the development and conversion of ADUs in the City. The proposed amendment would adopt new standards for ADUs, in accordance with the provisions of Government Code Sections 65852.2 and 65852.22. The amendment would also provide clarity and consistency for the regulation of ADUs throughout Title 17 (Zoning) of the Rosemead Municipal Code. ENVIRONMENTAL DETERMINATION Under California Public Resources Code section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California's ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, MCA 20-01 is statutorily exempt from CEQA in that the proposed ordinance implements the State's ADU law. DISCUSSION On April 16, 2020, staff provided the City Council with an ADU memorandum (attached as Attachment B), which provided a summary of the new State ADU laws and detailed the proposed amendments to the Zoning Code. Staff did not receive any comments from the City Council and proceeded to schedule a public hearing with the Planning Commission. AGENDA ITEM 3.A City Council Meeting July 14, 2020 Page 2 of 3 On June 15, 2020, the City of Rosemead Planning Commission conducted a duly noticed public hearing. The Planning Commission recommended that the City Council adopt Ordinance No. 995. Analysis of the proposed amendment is provided in the Planning Commission Staff Report. The Planning Commission Staff Report, draft Planning Commission Meeting Minutes, and Planning Commission Resolution 20-03 are included in this report as Attachments "C," "D," and "E," respectively. During the Planning Commission public hearing, the Planning Commission inquired on several clarifications relating to new State law regulations and the City's proposed code amendments, which included: • The City may no longer require that either the ADU or primary dwelling be owner - occupied (until January 1, 2025); • The City may no longer require replacement parking when a garage is converted to an ADU; • Sanitation and cooking facilities are required for ADUs; • Maximum size of a detached ADU shall be 850 square feet for studio and one -bedroom ADUs and 1,000 square feet for two or more bedrooms. In addition, the City cannot limit the number of bedrooms; • JADUs must be contained entirely within a single-family residence and shall have an efficiency kitchen, however, sanitation facilities may be shared with the main house; and • Floor area ratio (FAR) can no longer be used to prevent the construction of an ADU. Once all questions were answered and receiving no public testimony, the Planning Commission adopted Planning Commission Resolution 20-03, recommending that the City Council adopt Ordinance No. 995 to approve Municipal Code Amendment 20-01, for the regulation of ADUs. STAFF RECOMMENDATION That the City Council: 1. Conduct a public hearing and receive public testimony; and 2. Introduce the first reading, by title only, Ordinance No. 995 (Attachment "A"), approving Municipal Code Amendment 20-01. PUBLIC TESTIMONY - None FISCAL IMPACT - None STRATEGIC PLAN IMPACT - None PUBLIC NOTICE PROCESS City Council Meeting July 14, 2020 Page 3 of 3 This item has been noticed through the regular agenda notification process, which includes a public hearing notice published in the Rosemead Reader on July 2, 2020 and posting of the notice at the five (5) public locations. Prepared by: 14n -- Lily Va4enzuela, Planning & Economic Development Manager Submitted by: (AZgelica 6austo-Lupo, Director of Community evelopment Attachment A: Ordinance No. 995 Attachment B: Memorandum to City Council, dated April 16, 2020 Attachment C: Planning Commission Staff Report, dated June 15, 2020 Attachment D: Draft Planning Commission Meeting Minutes, dated June 15, 2020 Attachment E: Planning Commission Resolution No. 20-03 Attachment A Ordinance No. 995 EXHIBIT "B" DRAFT ORDINANCE NO. 995 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FOR THE APPROVAL OF MCA 20-01, AMENDING TITLE 17 (ZONING) OF THE ROSEMEAD MUNICIPAL CODE TO COMPLY WITH NEW STATE PROVISIONS FOR ACCESSORY DWELLING UNITS (ADUs). WHEREAS, on October 9, 2019, Governor Gavin Newsom signed State laws (Assembly Bill 68, Assembly Bill 881, and Senate Bill 13), which amended Government Code Sections 65852.2 and 65852.22 pertaining to local regulations for ADUs; WHEREAS, local ordinances that are not compliant with the new state provisions are null and void as of January 1, 2020, after which time such jurisdiction must apply the standards in Government Code Sections 65852.2 and 65852.22 until a compliant local ordinance is adopted; WHEREAS, the City of Rosemead's current Municipal Code conflicts with the standards and language in Government Code Sections 65852.2 and 65852.22; WHEREAS amendments to Title 17 (Zoning), specifically RMC Sections 17.04.050 (Definitions) and 17.30.190 (Accessory Dwelling Units) are necessary to update requirements for the establishment of ADUs in conformance with Government Code Sections 65852.2 and 65852.22; WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the criteria for a Zoning Code Amendment; WHEREAS, Sections 65854 and 65855 of the California Government Code and Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning Commission to review and make recommendations to the City Council regarding amendments to the City's Zoning Code; WHEREAS, Section 17.152.050 of the Rosemead Municipal Code authorizes the City Council to approve amendments to the City's Zoning Code; WHEREAS, adoption of Ordinance No. 995 for the approval of Municipal Code Amendment 20-01, amends Title 17 (Zoning) of the Rosemead Municipal Code to comply with new State provisions for accessory dwelling units; WHEREAS, on June 15, 2020, the Planning Commission held a duly noticed public hearing and recommended approval of Municipal Code Amendment 20-01 to the City Council; WHEREAS, on July 2, 2020, a notice was published in the Rosemead Reader and notices were posted in six public locations, specifying the availability of the proposal, and the date, time, and location of the public hearing for Municipal Code Amendment 20-01; and WHEREAS, on July 14, 2020, the City Council held a duly noticed and advertised public hearing to receive oral and written testimony relative to Municipal Code Amendment 20-01; and WHEREAS, the City Council has sufficiently considered all testimony presented to them in order to make the following determination; THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS FOLLOWS: SECTION 1. Compliance with California Environmental Quality Act. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California's ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, MCA 20-01 is statutorily exempt from CEQA in that the proposed ordinance implements the State's ADU law. SECTION 2. Findings. The City Council HEREBY FINDS AND DETERMINES that facts do exist to justify approving Municipal Code Amendment 20-01, in accordance with Section 17.152.060 of the Rosemead Municipal Code as follows: A. The proposed amendment is consistent with the General Plan and any applicable specific plan; FINDING: The proposed amendment is consistent with the General Plan and Garvey Avenue Specific Plan, as Government Code Section 65852.2(a)(8), provides that an accessory dwelling unit that conforms to [the applicable] subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and FINDING: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City, as ADUs are currently permitted in the Zoning Code. The State legislature has identified that the California housing shortage is a significant statewide issue. The State believes that increasing the development of ADUs and JADUs is one approach to address the housing crisis. To comply with State law, the proposed revisions would bring the ADU Ordinance into full compliance with State law. C. The proposed amendment is internally consistent with other applicable provisions of [the] Zoning Code. FINDING: The City of Rosemead's current ADU Ordinance does not comply with the new State provisions for ADUs, and is therefore, deemed null and void. MCA 20-01 is intended to bring Title 17 (Zoning) of the Rosemead Municipal Code up to compliance with State legislation 2 regarding the development and conversion of ADUs in the City. The proposed amendment would adopt new standards for ADUs, in accordance with the provisions of Government Code Sections 65852.2 and 65852.22. The amendment would also provide clarity and consistency for the regulation of ADUs throughout Title 17 (Zoning) of the Rosemead Municipal Code. SECTION 3. Code Amendment. The code amendment will only modify the definition of an accessory dwelling unit and add a definition for junior accessory dwelling unit in Rosemead Municipal Code Section 17.04.050 (Definitions). Section 17.04.050 (Definitions) of Title 17 is HEREBY AMENDED as follows: 17.04.050 Definitions — General. For use in this Title certain terms are hereby defined. Words used in the present tense shall include the past and future tense and vise versa. Words in the singular form shall include the plural form and vice versa. The words "shall" and "will" are mandatory and the words "should" and "may" are permissive. Words and phrases used in the Zoning Code and not specifically defined shall be construed according to the context and common usage of the language and as ultimately determined by the Community Development Director. For the purpose of carrying out the intent of this title, certain terms, words, and phrases are defined and shall be deemed to have the meaning ascribed to them as follows: "Dwelling" means a structure or portion thereof designed exclusively for permanent residential purposes, but not including hotels, motels, emergency shelters, or extended stay locations. "Accessory Dwelling Unit" means an attached or a detached residential dwelling unit; -that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing_ primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: 1. An efficiency unit as defined in Section 17958.1 of the Health and Safety Code. 2. A manufactured home as defined in Section 18007 of the Health and Safety Code. "Dwelling Unit" means any structure or portion thereof designed for living and sleeping purposes that contains independent cooking and sanitation facilities. "Junior Accessory Dwelling Unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. 3 "Multi -Family Dwelling Unit" means a structure or portion thereof containing three or more dwelling units designed for the independent occupancy of three or more households. "Primary Dwelling Unit" means an existing single -unit residential structure on a single lot with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities, and occupied by one household. "Single -Family Dwelling Unit" means a detached structure containing no more than one dwelling unit which, regardless of form of ownership, is designed and/or used to house not more than one household, including all domestic employees for such household. "Two -Family Dwelling (Duplex) Unit" means a building containing two complete dwelling units designed for the independent occupancy of two households. See also "Manufactured Housing" and "Mobile Housing Unit". SECTION 4. Code Amendment. Section 17.30.190 (Accessory Dwelling Units) of Title 17 is HEREBY AMENDED as follows: 17.30.190 Accessory Dwelling UnitsA( DUs). Sections: A. Purpose. B. Applicability. C. ADUs. C—.D. Junior Accessory Dwelling Units (JADUs). D -.E. Revocation. F,. F. Existing ADUs. A. Purpose. The purpose of this section is to implement Government Code Section 65852.2, which allows the City to adopt an ADU ordinance in lieu of being subjected to the State requirements for such units. Notwithstanding any other provision of this Zoning Code to the contrary, the provisions in this section shall govern the development of ffeeessel-y dwelling tuts ADUs in the City of Rosemead. B. Applicability. The provisions in this section shall apply to ADUs, as defined in Article 1, Section 17.04.050 (Definitions), and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone -Specific Standards) and the following City standards. C. City Staadar- ADUs. The following provisions shall apply to ^ eeesser-y Dwelling T ait-ADUs: 4 1. In the R-1, R-2, sr -R-3 zone; or all other areas zoned to allow single-family or multifamily dwelling residential use, an attached or detached 'ADU shall be permitted by the Community Development Director or the Community Development Director's designee, subject to an administrative site plan and design review approval, if the application satisfies all of the provisions set forth in this section. Except as provided for in this section, all other applicable regulations of the underlying zone shall apply. An ADU shall be deemed an accessory use. ADUs do not exceed the allowable density for the lot upon which they are located. a. A ma)mumF ene (1) aeeedwelling it fRay be e .., ti«u it4e,d N let. The y use of stieh lot must be single family dwelling. L, A.1 ,� ell;Np flit Shall er be le .,ted leo i„HG tae mefe than r v one (1) single ftimily dwelling unit-. 3 On a lot with a proposed or existing single-family dwelling, the number of permitted ADUs are: a One attached ADU within the existing or proposed single-family dwelling or within an existing accessory structure; or b. One detached new construction ADU and one JADU. 4 On a lot with existing detached single-family dwellings, the number of permitted ADUs are: a. One detached new construction 800 square feet ADU. b. One proposed ADU within an existing accessory structure. 5. On a lot with an existing multifamily dwelling unit or two-family dwelling (duplex) unit the number of permitted ADUs are: a Not more than two detached ADU on a lot with one existing multifamily dwelling unit or two family- dwelling (attached duplex) unit. b At least one attached ADU is permitted within the existing multifamily dwelling unit or existing two-family (duplex) unit and up to 25 percent of the existing dwelling units are permitted within the portions of the existing structure that are not used as livable space including but not limited to, storage rooms, boiler rooms, passageways attics basements or garages if each unit complies with state building standards for dwellings. 6 The ADU(s) must be served by the same driveway access to the street as the existing primary dwelling unit unless the ADU(s) have access from a public alley contiguous to the lot. 7. No ADUs shall be used as a short-term rental. -3-.8.To the extent possible, the creation of an aeeessery dwelling unit ADU shall not alter the single primary dwelling appearance of the lot. The following shall apply: Bea. lee„+e,1 a4 therear- e f the pr-ifnaryr-esidenee-. b. Be 1,,,.4e,a within the r -ear- 50 oft e let. a. For the construction of a new ADU, the ADU shall match or complement the primary residence in architectural design, color, and materials. e -b For the conversion of an existingaccessory ccessory structure into an ADU, the ADU shall be permitted to remain as is. However, if an existing garage use is being converted into an ADU, all garage doors shall be removed. 4.-c.An ADU shall have independent exterior access, and shall not have interior access from the primary residence. If an ADU is located on the second floor of the primary dwelling unit or accessory structure, the exterior stairs shall be proposed in a location that limits visibility from the public right-of-way. -5-.9.The ' ADUs13a-11 may not be fef sale separ-ate-sold separate from the primary residence. 6. c .e+e utility mete: f . aeeessafy dwelling ___t shall be pr-el,_bite,1 X10. The legal e ft e ..h �: e basis,.. ,., r��p� shall 'p fall ���either- the rY �' dwelling ttiiit r aeee'sser—y dwelling dmc-as permanent Fesiden Owner- Oeetipaney GeveneAt shall be submitted to the Planning Divisien pr-ief! te issuanee ef any building pei:fnit for- the aeeessei=y, dwelling unit. The said Owner- OeettPaney Gevenant shall -in mel=pet ity and shall netbe released -.An owner -occupancy requirement for an ADU permitted between January 1, 2020 to January 1, 2025 shall not be required. However, the City may impose an owner -occupancy requirement after January 1, 2025. 5:11 The ADU shall comply with all Building Code and Fire Code requirements. 9:12. New ADUs or modifications of existing aeeessafy dwelling ADUs shall conform to the standards in Table 17.30.190.1 (Ay Dwelling ADU Development Standards). Table 17.30.190.1: Aeeessory Dwelling Unit. ADU Development Standards Attached Aeeesseff I Detached Aeeesso.n= Notes and Exceptions ' ADU nip M." WWWWOTLI -5-.9.The ' ADUs13a-11 may not be fef sale separ-ate-sold separate from the primary residence. 6. c .e+e utility mete: f . aeeessafy dwelling ___t shall be pr-el,_bite,1 X10. The legal e ft e ..h �: e basis,.. ,., r��p� shall 'p fall ���either- the rY �' dwelling ttiiit r aeee'sser—y dwelling dmc-as permanent Fesiden Owner- Oeetipaney GeveneAt shall be submitted to the Planning Divisien pr-ief! te issuanee ef any building pei:fnit for- the aeeessei=y, dwelling unit. The said Owner- OeettPaney Gevenant shall -in mel=pet ity and shall netbe released -.An owner -occupancy requirement for an ADU permitted between January 1, 2020 to January 1, 2025 shall not be required. However, the City may impose an owner -occupancy requirement after January 1, 2025. 5:11 The ADU shall comply with all Building Code and Fire Code requirements. 9:12. New ADUs or modifications of existing aeeessafy dwelling ADUs shall conform to the standards in Table 17.30.190.1 (Ay Dwelling ADU Development Standards). Table 17.30.190.1: Aeeessory Dwelling Unit. ADU Development Standards Attached Aeeesseff I Detached Aeeesso.n= Notes and Exceptions ' ADU ADU Maximum Height Limited to number of stories and height of existing primary residence* Two -Story - 30 feet One -Story - 17 feet *If the height of the existing primaa residence is less than 16 feet, the proposed ADU shall be allowed a maximum height of 16 feet Minimum Setbacks Pr-avisieas—of the SUbjeet-pr-epefty shall apply Side Yard Setback: 4 Side Yard Setback -54 feet Side Yard Comer- Tet and Comer- Le} 20 feet. Rear Yard Setback: 4-5 4 feet n eaf Ya fd Sotbaek (One st 10 feet. Conversion of an existing permitted structure to an ADU shall not be required to satisfy the minimum setback standards if the side and rear setbacks are sufficient for fire safety The setback of the second floor shall not be less than the setback of the first floor feet Rear Yard Setback: 4 feet Minimum Distance Between Dwellings Provisions of the applicable underlying zoning designation of the subject property shall apply 10 feet* *If the minimum distance between dwellings cannot be met, an 800 square feet ADU that is at least 16 feet in height with four -feet side and rear yard setbacks shall be permitted provided that it is constructed in compliance with all other local development standards The distance between dwellings of the second floor shall not be less than the distance between dwellings of the first floor Minimum Landscape Area 20% of lot area* 20% of lot area* *If the minimum landscape area requirement cannot be met, an 800 square feet ADU that is at least 16 feet in height with four -feet side and rear yard setbacks shall be permitted provided that it is constructed in compliance with all other local develo ment standards. Minimum Floor -Area 150 square feet 150 square feet Maximum Floor -Area hessef of Up to 50% of existing living area of primary residences 1,200 quafe feet. If the primary Lesser- of SO-% of existiiig living area e 1,200 squafe feet If floor -area ratio if 50- e f existing lu is less tha" 150 SEttfafe then 150 squafe feet. o be petmitted *If the creation of an ADU permits:* • 150-850 square feet residence is less than 1,600 square feet, an results in a floor -area ratio that 800 square feet ADU for a studio or one is greater than what is will be permitted. bedroom • 1,000 square feet for permitted in the zone, an 800 square feet ADU that is at least 16 feet in height with four -feet an ADU that provides side and rear yard setbacks more than one shall be permitted provided bedroom An ADU built within that it is constructed in compliance with all other local development standards. an existing accessory structure may include an expansion of up to 150 square feet beyond the physical dimensions of the existing accessory structure to accommodate in rg ess and egress. Where both a JADU and a detached ADU are constructed, the ADU shall be no more than 800 square feet. Maximum Number of Bedrooms Twe Bed .,.,..., s Bedrooms shall Twe Bea .,,ems Bedrooms shall Fer the pur-pese of this se a den .,turfy, or ethef similar beer-,..,..... (s), as detefmined by Dir-eetef, shallbe eonsidered bedroom -7), conform to standard conform to standard Building Code Building Code requirements. requirements. Minimum Off -Street Parking One parking space per bedroom or ADU, whichever is less One parking space per bedroom or ADU, whichever is less *Off-street parking standards shall not be required for an ADU in any of the following instances: These spaces may be I These provided as tandem provi parking on a driveway. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another spaces may be ded as tandem parking on a driveway. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another New uncovered off- I New uncovered off- street parking spaces shall have a minimum dimension of nine feet in width by eighteen (18) feet in depth* D. JADUs. (1) The aeeessery dwelling effk–ADU is located within one-half mile of public transit. (2) The aeeessef�, dwelling e+k-ADU is located within an architecturally and historically significant historic district. (3) The aeeesser-y dwelling unk–ADU is part of the proposed or existing primary street parking spacesI residence or an accessory shall have a minimum structure. dimension of nine feet in width by eighteen (18) feet in depth* (4) When on -street parking permits are required but not offered to the occupant of the aeeessef�l dwelling w44 ADU. (5) When there is a car share vehicle located within one block of the—aeeesser-y dwelfing unit. ADU. When aag_rage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces The following provisions shall apply to JADUs: a. The JADU shall comply with the requirements of Government Code Section 65852.22. b. A maximum of one JADU shall be permitted on a residential lot zoned for single-family residences with a single-family dwelling built, or proposed to be built, on the lot. If an ADU is proposed in addition with a JADU, then the ADU shall be limited to a maximum of 800 square feet. c. The maximum size for a JADU is 500 square feet. d. The legal property owner shall occupy, on a full-time basis, either the primary dwelling unit JADU, or ADU (if applicable) as permanent residency. Owner -occupancy shall not D be required if the owner is another governmental agency, land trust, or housing organization. e An Owner -Occupancy Covenant shall be recorded and a copy shall be submitted to the Planning Division prior to issuance of any building permit for the JADU. The said Owner - Occupancy Covenant shall remain in perpetuity and shall not be released. The Owner - Occupancy Covenant shall include the following language: L A prohibition on the sale of the JADU unit separate from the sale of the single-family dwelling including a statement that the deed restriction may be enforced against future purchasers. H. A restriction on the size and attributes of the JADU that conforms with Government Code Section 65852.22. f The permitted JADU shall be constructed within the walls of the proposed or existing single-family residence. g. The permitted JADU shall include a separate entrance from the main entrance to the proposed or existing single-family residence. h. The permitted JADU shall include an efficiency kitchen, which shall include all of the following: L A cookingfacility with appliances. idi. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. E. Revocation. The Community Development Director shall have the authority to revoke an aeeesser-y dwelling ADU and/or a JADU permit if one or more of the requirements of this chapter are no longer met. The decision of either the Community Development Director may be appealed to the Planning Commission in accordance with the procedures set forth in this code. F. Existing ADUs. Aeeesser-y dwelling Units ADUs which have been previously approved shall be allowed to remain in existence as a legally established nonconforming use. This section shall in no way validate any existing illegal—aeeesset%y dwelling unitADUs. SECTION 5. Construction. This Ordinance must be broadly constructed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 6. Enforceability. Repeal of any provision of the RMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. 10 SECTION 7. Severability. The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. SECTION 9. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty (30) days after the date of its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rosemead, County of Los Angeles of the State of California on July 14, 2020. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Ericka Hernandez, City Clerk APPROVED AS TO FORM: Rachel H. Richman, City Attorney Burke, Williams & Sorensen, LLP 11 Sandra Armenta, Mayor Attachment B Memorandum to City Council, Dated April 16, 2020 5 E M 6 City of Rosemead Memorandum �PogA1E0 5459 Date: April 16, 2020 To: Honorable Mayor & Council Members From: Gloria Molleda, City Manager Re: Updates to Accessory Dwelling Unit Ordinance to Comply with State Law SUMMARY On October 9, 2019, Governor Gavin Newsom signed State laws (Assembly Bill 68, Assembly BIII 881, and Senate Bill 13), which amended Government Code Sections 65852.2 and 65852.22, and Health and Safety Code Section 17980.12, pertaining to local regulations for accessory dwelling units (ADUs). These regulations became effective on January 1, 2020 and pre-empt all local ordinances that do not comply with the new standards, Over the last few months, Planning Division staff has worked closely with the Department of Housing and Community Development (HCD) and the City Attorney's Office to amend the Accessory Dwelling Unit Ordinance, DISCUSSION The State has Identified that the housing shortage is a significant statewide Issue. The State believes that increasing the development of ADUs and Junior ADUs (JADUs) Is one approach to Increase the housing supply in a way that can benefit renters and homeowners by providing more rental opportunities and additional rental income for assistance with mortgage payment. The new ADU and JADU laws have expanded on the previously proposed ADU State regulations, making it easier to construct an ADU and JADU, A summary of the key components of Assembly Bill 68, Assembly Bill 881, and Senate Bill 13 is listed below: • A lot that contains a single-family dwelling is allowed one ADU and one JADU. A JADU is a unit that is no more than 500 square feet in size and contained entirely within a single- family residence that may include separate sanitation facilities, or may share sanitation facilities with the existing structure. • ADUs are now allowed on lots with multifamily dwellings (not just single-family dwellings). This Includes the residential component of a residential/commercial mixed-use development. A City must allow up to two detached ADUs, plus conversion of uninhabited spaces for multiple ADUs (up to 25% of units in multifamily buildings). • A setback of no more than four (4) feet can be required for the interior side and rear yards for a new ADU. • The City may no longer require that either the ADU or primary dwelling be owner -occupied (until January 1, 2025), Cities may then impose occupancy requirements, but only to ADUs created after that date. • Floor area ratio (FAR), lot size, open space, and density can no longer be used to prevent the construction of an ADU. • Maximum size of a detached ADU shall be 850 square feet for studio and one -bedroom and 1,000 square feet for two or more bedrooms. In addition, the City cannot limit the number of bedrooms. Furthermore, the City must permit at least an 800 square foot accessory dwelling unit. • Minimum height of an ADU is 16 feet. • Converted ADUs may now include an expansion of the existing structure of up to 150 square feet for ingress and egress. • Attached ADUs are no longer limited to 1,200 square feet, just 50 percent of the existing primary dwelling. • The City may no longer require replacement parking when a garage is converted to an ADU. • State law now adds a definition for "public transit" and includes bus stops. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. • A City must ministerially approve a compliant ADU and a JADU as well, within 60 days of receiving a complete application (was previously 120 days). • Impact fees are prohibited for ADUs smaller than 750 square feet. They're allowed for large ADUs, but only proportional to the primary dwelling. OVERVIEW OF ZONING CODE COMPLIANCE WITH NEW STATE LAWS REGULATING ADUs Title 17 (Zoning) of the Rosemead Municipal Code (RMC), carries out the policies of the Rosemead General Plan by classifying and regulating uses of land and structures within the City. RMC Section 17.30.190 governs the development of ADUs in the City of Rosemead. The City's existing ADU development standards currently conflict with the standards and language in the new State laws. To comply with new State laws, the summary below provides the code amendments that will be applied to Title 17 (Zoning), specifically RMC Sections 17.04.050 (Definitions) and 17.30,190 (Accessory Dwelling Units). A draft copy of the proposed code amendments can be found in Attachment A. ADUs and JADUs in Residential Zones; The City's current code allows for one ADU on a lot but does not provide for JADUs. To comply with new State laws, the code amendment will redefine the definition of an ADU and add a definition and code section for a JADU, Specifically, the definitions will state: "Accessory Dwelling Unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: 1. An efficiency unit. unit, as defined in Section 17958.1 of the Health and Safety Code. 2. A manufactured home, as defined in Section 18007 of the Health and Safety Code means an attached or a detached residential dwelling unit, which provides complete independent living facilities for one or more persons, It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated, "Junior Accessory Dwelling Unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. In addition, the code amendment will allow an ADU and a JADU on a lot with a single-family dwelling within a residential zone (R-1, R-2, and R-3) [Government Code Section 65852.2(d)(A), subsections (i) through (iv); Section 65852,2(b)(B), subsections (i) and (fi)]. Multiple ADUs within Multifamily Buildings: To comply with new State laws, the code amendment will allow at least one ADU within an existing multifamily dwelling (includes the residential component of a residential/commercial mixed-use development) and allow up to 25 percent of the existing multifamily units on a lot (with a minimum of one) to provide an ADU within non -livable spaces (e.g, boiler rooms, storage rooms, attics, basements, garages, laundry rooms, etc.) of existing dwelling units [Government Code Section 65852.2(b)(C)(1)]; and permit up to two detached ADUs on any property that has an existing multifamily structure (includes the residential component of a residential/commercial mixed-use development) [Government Code Section 65852,2(b)(D)]. FAR Requirements: The City's current code requires that an ADU cannot exceed the FAR requirements for both single-family and multifamily zones, To comply with new State laws, the code amendment will no longer impose standards related to FAR that would otherwise prohibit the creation of an ADU of at least 800 square feet [Government Code Section 65852.2(c)(2)(C)], Setbacks: The City's current code requires a flve-feet side yard setback for interior lots, a 20 -feet street side yard setback for corner lots, and a ten -feet rear yard setback for one story homes and 15 -feet rear yard setback for two-story homes, To comply with new State laws, the code amendment will reduce the interior side and rear yard setbacks to four feet for all ADUs [Government Code Section 65852,2(e)(1)(B)], ADU Unit Size: The City's current code allows an ADU to have a floor area maximum of 50 percent of the primary residence or 1,200 square feet, whichever is less. To comply with new State laws, the code amendment will allow attached ADUs to be a maximum of 50 percent of the primary building. The code amendment will also allow detached ADUs to be a maximum size of 850 square feet for studio and one -bedroom and 1,000 square feet for two or more bedrooms. In addition, the City cannot limit the number of bedrooms. [Government Code Sections 65852.2(a)(1)(D)(Iv) and 65852.2(c)(2)(B)(i-11)]. Height of ADUs: The City's current code allows ADUs at 17 feet for one-story ADUs and 30 -feet for two-story ADUs. Since new State law requires that a City must permit a maximum height of at least 16 feet, the City can continue to impose the current height maximum for one- and two-story ADUs. The City may choose to apply a more stringent requirement by limiting ADUs to one-story at 16 feet; limiting detached ADUs from exceeding the height of the primary home with a maximum allowable height of 16 -feet, or requiring a Design Review for two-story ADUs with a maximum height of 30 -feet [ Government Code Section 65852.2(c)(2)(C)]. Replacement Parking: The City's current code requires that when a parking structure (garage) is demolished or converted In conjunction with the construction of an ADU, that parking must be replaced somewhere on the lot, such as the driveway. To comply with new State laws, the code amendment will no longer require the replacement of parking on the lot [Government Code Section 65852.2(a)(1)(D)(xi)]. Owner Occupancy: The City's current code requires the legal property owner to enter into a covenant with the City, agreeing to occupy either the primary dwelling or ADU as permanent residency. To comply with new State laws, the code amendment will no longer require owner occupancy between January 1, 2020 to January 1, 2025. However, the City may impose an owner occupancy requirement after January 1, 2025 [Government Code Section 65852.2(a)(6) and Section 65852.2(a)(6)(B)], For JADUs, the new State law allows the City to require owner occupancy in the single-family residence In which the JADU will be permitted. The owner may reside In either the remaining portion of the structure or the newly created JADU. Owner - occupancy Is not required If the owner is another governmental agency, land trust, or housing organization. The code amendment will require the legal property owner to occupy, on a full-time basis, either the primary dwelling unit, JADU, or accessory dwelling unit (if applicable) as permanent residency. In addition, an Owner -Occupancy Covenant shall be recorded, and a copy shall be submitted to the Planning Division prior to issuance of any building permit for the JADU [Government Code Section 65852.22(2)], Project Review Time Reduced: Time to complete the review of an ADU application has been reduced from 120 days to 60 days [Government Code Section 65852.2(a)(3)]. Development Impact Fees (DIF): The City's current code allows the collection of development impact fees for all ADUs. To comply with new State laws the City cannot collect impact fees for ADUs that are less than 750 feet. Any impact fees charged for an accessory dwelling unit greater than 750 square feet shall be charged proportionately in relation to the square footage of the primary dwelling unit. [Government Code Section 65852.2(f)(1)(3)(A)]. Currently, the City's DIF is a flat fee of $5,197 for multifamily in single -use zones. To comply with new State laws, the City will charge DIF proportionately in relation to the square footage of the primary dwelling unit, but will not exceed $6,500 (Single -Family DIF), $5,197 (Multifamily DIF) or $5,126 (Mixed -Use Multifamily DIF), The Fee Calculation are as follows: a. Fee Calculation for Single Family in Single Use Zones (Single Family): $6,500 Primary Home Square Feet = $/Square Feet. x ADU Square Feet = Fee Due. b. Fee Calculation for Multifamily In Single Use Zones (Single Family): $5,197 _ Primary Home Square Feet = $/Square Feet. x ADU Square Feet = Fee Due. c. Fee Calculation for Multifamily in Mixed -Use Zones (Single Family): $5,126 = Primary Home Square Feet = $/Square Feet, x ADU Square Feet = Fee Due, ADDITIONAL NEW STATE LAWS The following State laws do not require code amendments, however, shall also be applied: Code Enforcement: The City's current code does not prohibit the City from enforcing development standards on a structure that has been Illegally converted for human habitation. New State law allows for a property owner to request that enforcement of a violation be delayed for five years to correct the violation for ADUs for cities that had a non-compliant ADU ordinance. This provision of the code is effective until January 1, 2035 [Health and Safety Code Section 17980.12 et seq.]. State Department of Housing and Community Development: New State Law requires that each local jurisdiction submit a copy of their ADU ordinance to the State Department of Housing and Community Development (HCD) 60 days after adoption for verification that the adopted ordinance is in compliance with the State law. Failure to provide an ordinance that is in compliance with the State law is grounds for HCD to notify the Attorney General that the local jurisdiction is in violation with State law [Government Code Section 65852.2(h)(1) through Section 65852.2(h)(1)(3)(A)]. STAFF RECOMMENDATION It is recommended that the City Council review the proposed code amendments and provide staff with questions or comments. Prepared by: Submitted by: Lily T. Valenzuela �' ngelica rausto-Lupo Planning & Economic Development Manager Community Development Director Attachment A: Draft Amendments to Title 17 (Zoning), specifically RMC Sections 17.04.050 (Definitions of Accessory Dwelling Unit and Junior Accessory Dwelling Unit) and 17.30.190 (Accessory Dwelling Units) 17.04.050 - Definitions—General. ***Tlr.e code amendment will only modify the definition of an accessory dwelling unit and add a definition for junior accessory dwelling unit in Rosemead Municipal Code Section 17.04.050 (Definitions). *** For use in this Title certain terms are hereby defined. Words used in the present tense shall include the past and future tense and vice versa. Words in the singular form shall include the plural form and vice versa. The words "shall" and "will" are mandatory and the words "should" and "may" are permissive. Words and phrases used in the Zoning Code and not specifically defined shall be construed according to the context and common usage of the language and as ultimately determined by the Community Development Director. Application of definitions within the Garvey Avenue Specific Plan shall be consistent with the Specific Plan goals, objectives, and the purpose and character of each land use district. For the purpose of carrying out the intent of this Title, certain terms, words, and phrases are defined and shall be deemed to have the meaning ascribed to them as follows: "Dwelling" means a structure or portion thereof designed exclusively for permanent residential purposes, but not including hotels, motels, emergency shelters, or extended stay locations. "Accessory Dwelling Unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a Rroposed or existing -primary residence It shall include permanent provisions for living sleeping eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling_ is or will be situated. An accessory dwelling unit also includes the following: 1 An efficiency unit. unit as defined in Section 17958.1 of the Health and Safety Code. 4-.2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.nreans an a#a "�-or- a-detaehed--residential dwelling gni, whieh pfevides semplete independent lid-feelitiesfer- one -e ere pefsen . it shall ifielude pennaeee f - Hying, sleeping, eating,-eeekinr , and sanitmieH on the same -par-eel icrthe Tsingle iuHiaiiTa`vi'ouiirSis-s:cucsc "Dwelling Unit" means any structure or portion thereof designed for living and sleeping purposes that contains independent cooking and sanitation facilities. "Junior Accessory Dwelling Unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. "Multifamily Dwelling Unit" means a structure or portion thereof containing three or more dwelling units designed for the independent occupancy of three or more households. "Primary Dwelling Unit" means an existing single -unit residential structure on a single lot with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities, and occupied by one household. "Single -Family Dwelling Unit" means a detached structure containing no more than one dwelling unit which, regardless of form of ownership, is designed and/or used to house not more than one household, including all domestic employees for such household. "Two -Family Dwelling (Duplex) Unit" means a building containing two complete dwelling units designed for the independent occupancy of two households. See also "Manufactured Housing" and "Mobile Housing Unit." (Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18; Ord. No. 979, § 3(Exh. A) 6-12-18; Ord. No. 980, §§ 2.A, 2.B., 7-10-18) 17.30.190 - Accessory dwelling unitf s (ADU). A. Purpose. The purpose of this section is to implement Government Code Section 65852.2, which allows the City to adopt an ADU ordinance in lieu of being subjected to the State requirements for such units. Notwithstanding any other provision of this Zoning Code to the contrary, the provisions in this section shall govem the development of ^^^ess^- .walk., anitsADU in the City of Rosemead. B. Applicability. The provisions in this section shall apply to aeeesse:; dwelling tiflitSADU, as defined in Article 1, Section 17.04.050 (Definitions), and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone -Specific Standards) and the following City standards. C. City Standards. The following provisions shall apply to AeeesseFy Dwelling UaitsADU: 1. In the R-1, R-2,-er--R-3 zone or other applicable zones; an attached or detached aesessefy dwelling ADU shall be permitted by the Community Development Director or the Community Development Director's designee, subject to an administrative site plan and design review approval, if the application satisfies all of the provisions set forth in this section. Except as provided for in this section, all other applicable regulations of the underlying zone shall apply. 2—An ADU shall be deemed an accessory use. ADU do not exceed the allowable density for the lot upon which they are located. 2. 3. a. ^ maximum of a aeoesseff dwelling n may be -permitted- per -let he . . .7 1 use ef sueh lot must be single family dwelling. b. A a9eessefy a, ail: k shall et be l` ate on aRy zl + eRtaining Ineve fluln one single family dwelling unit. 3. On a lot with a vrovosed or existing single-family dwelling, the number of permitted ADU is: a. One attached ADU within the existing or proposed single-family dwelling or within an existing accessory structure; or b. One detached new construction ADU and one junior accessory dwelling unit JADU . 4. On a lot with existing detached single-family dwellings (maximum two units), the number of permitted ADU is: a. One detached new construction 800 square feet ADU. b. One proposed ADU within an existing accessory structure. 5. On a lot with an existing multifamily dwelling unit or two-family dwelling (duplex) unit, the number of pennitted ADU is: a. Not more than two detached ADU on a lot with one existing multifamily dwelling unit or two family- dwelling (attached duplex) unit. b. At least one attached ADU is permitted within the existing multifamily dwelling unit or existing two-family (duplex) unit and up to 25 percent of the existing dwelling units are permitted within the portions of the existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. 6. The ADU must be served by the same driveway access to the street as the existing primary dwelling unit, unless the ADU has access from a public alley contiguous to the lot. 7. No ADU shall be used as a short -tern rental. 8. To the extent possible, the creation of an ADU shall not alter the primary dwelling appearance of the lot. The followingsall appy a. For the construction of a new ADU, the ADU shall match or complement the primary residence in architectural design, color, and materials. b. For the conversion of an existing accessory structure into an ADU, the ADU shall be permitted to remain as is. However, if an existing_ garage use is being converted into an ADU, all garage doors shall be removed. c. An ADU shall have independent exterior access and shall not have interior access from the primary residence. If an ADU is located on the second floor of the primary dwelling unit or accessory structure, the exterior stairs shall be proposed in a location that limits visibility from the public right-of-way. 9. The ADU may not be sold separate from the primary residence. 10. An owner-occupancv reauirement for an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, shall not be required. However, the City may impose an owner -occupancy requirement after January 1, 2025. 11. The ADU shall comply with all Building Code and Fire Code requirements. New ADU or modifications of existing ADU shall conform to the standards in Table 17.30.190.1 (ADU Development Standards). iwelling nit shalt net after- the single family _d K—Eiiiii; P3 Maximum Height ACCESSORY DWELUNG UNI ADU DEVELOPMENT STANDARDS Attached Aeeessei:y Dwelliag-Uni4ADU Limited to number of stories and height of existing primary residence* Provisions of the Minimum applicable underlying Setbacks zoning designation of the subject property shall apply Detached Aeeesser-y Dwelling U- ADU Two -Story - 30 feet One -Story - 17 feet Side Yard Setback: (Iate. ieF gide. 43 feet Side Yard Setbae (S+.-eo Sides—ReyeFse GemeF be and Cerner Lei)! 20 feet Rear Yard Setback: 4 feet stel:y).! 15 e+ stel-y). 10 feet Notes and Exceptions *If the height of the existing orimary residence is less than 16 feet, the proposed ADU shall be Tallowed a maximum height of 16 feet. Conversion of an existing permitted structure to an asee ia+i4ADU shall not be required to satisfy the minimum setback standards if the side and rear setbacks are sufficient for fire safety. The setback of the second floor shall not be less than the setback of the first Minimum Provisions of the Distance applicable underlying Between zoning designation of the Dwellings subject property shall apply Minimum Landscape Area Minimum Floor -Area 10 Feet * floor_ *If the minimum distance between dwellings cannot be met, an 800 square feet ADU that is at least 16 feet in height with four - feet side and rear yard setbacks shall be permitted provided that it is constructed in compliance with all other local development standard s.The-distanse between dwellings efthe Sewmfld fleffflr- shall not be less than the distanee betweea dwellings ef the r, st gee *If the minimum landscape area requirement cannot be met, an 800 square feet ADU that is at least 16 feet in height with four - 20% of lot area 20% of lot area* feet side and rear yard setbacks shall be permitted provided that it is constructed in compliance with all other local development standards. 150 square feet 150 square feet Maximum Floor -Area Maximum Number of Bedrooms Un tobessee ef-50% of existing living area of primary residenceor- 1,200 Rttffir-O feet Twe edreenxsBedrooms shall conform to standard Building requirements. If floor -area ratio pennits*: • 850 square feet for a studio or one bedroom • 1,000 square feet for an ADU that provides more than one bedroom.Lesser-e€ 5094 e€exist ide or- 1,299 square feet An ADU built within an existing accessory structure may include an expansion of up to 150 square feet beyond the physical dimensions of the existing accessory structure to accommodate ingress and arg ens Where both a JADU and a detached ADU are constructed, the ADU shall be no more than 800 square feet. *If the creation of an ADU results in a floor - area ratio that is areater than what is permitted in the zone, an 800 square feet ADU that is at least 16 feet in height with four -feet side and rear yard setbacks shall be permitted provided that it is constructed in compliance with all other local development standards. FeF the pwpese of this seefien, ., de study, ether similar a fn th .t Bedrooms shall conform to standard Building Code requirements.T-we Bedrooms may be used by the l e ffi,, unity as shall be eensider-ed bedr,eefn(s). Minimum Off -Street Parking One parking space per bedroom or ADU, whichever is less These spaces may be provided as tandem parking on a driveway. "Tandem parking" means that 2 or more automobiles are parked on a driveway or in any other location on a lot, lined up behind 1 another New uncovered off-street parking spaces shall have a minimum dimension of 9 feet in width by 18 feet in depth * One parking space per bedroom or ADU, whichever is less These spaces may be provided as tandem parking on a driveway. "Tandem parking" means that 2 or more automobiles are parked on a driveway or in any other location on a lot, lined up behind 1 another New uncovered off-street parking spaces shall have a minimum dimension of 9 feet in width by 18 feet in depth * *Off-street parking standards shall not be required for an ADU in any of the following instances: (1) The accessory dwelling unit is located within %2 mile of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significan historic district. (3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (4) When on -street parking permits are required but not offered tc the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within 1 block of the accessory dwelling unit. When a garage, carport, o� covered parking structure is demolished in conjunction with the construction of an ADU o: converted to an ADU, those off-street parking spaces are not required be replaced. D. City Standards. The following_ provisions shall apply to JADU: a. The JADU shall comRlly with the requirements of Government Code Section 65852.22. b. A maximum of one JADU shall be permitted on a residential lot zoned for single- family residences with a single-family dwelling built, or proposed to be built, on the lot. If an ADU is proposed in addition with a JADU, then the ADU shall be limited to a maximum of 800 square feet. c. The maximum size for a JADU is 500 square feet. d. The legal property owner shall occupy, on a full-time basis. either the primary dwelling unit, JADU, or accessory dwelling unit (if applicable) as permanent residency. Owner -occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. e. A Owner -Occupancy Covenant shall be recorded, and a copy shall be submitted to the Planning Division prior to issuance of any building_ permit for the JADU. The said Owner -Occupancy Covenant shall remain in perpetuity and shall not be released. The Owner -Occupancy Covenant shall include the following language: i. A prohibition on the sale of the JADU unit separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers. ii. A restriction on the size and attributes of JADU that conforms with Government Code Section 65852.22. f. The permitted JADU shall be constructed within the walls of the proposed or existing single-family residence. g. The permitted JADU shall include a separate entrance from the main entrance to the 2roposed or existing single-family residence. h. The permitted JADU shall include an efficiency kitchen, which shall include all of the following: i. A cooking facility with appliances. ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. D -.--Revocation. The Community Development Director shall have the authority to revoke an aeeessevy dwellingani-ADU permit if one or more of the requirements of this chapter are no longer met. The decision of either the Community Development Director may be appealed to the Planning Commission in accordance with the procedures set forth in this Code. E. F. Existing ADU. ADU which have been previously approved shall be allowed to remain in existence as a legally established nonconforming use. This section shall in no way validate any existing illegal accessory dwelling unit. E. E. Existing pr-evie,sly approved shall be allowed to Feam—ain iR aixistenee as a legally eIi hed neneenfetming use. This seetien shall in ne wet), validate any existing illegal fteeesser�, dwelliRg unit. (Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 979, § 3(Exh. A), 6-12-18) Attachment C Planning Commission Staff Report Dated June 15, 2020 ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND PLANNING COMMISSION FROM: PLANNING DIVISION DATE: JUNE 15, 2020 SUBJECT: MUNICIPAL CODE AMENDMENT 20-01 SUMMARY On October 9, 2019, Governor Gavin Newsom signed several bills into law (Assembly Bill 68, Assembly Bill 881, and Senate Bill 13), which amended Government Code Sections 65852.2 and 65852.22 (attached as Exhibit "C") pertaining to the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). These regulations became effective on January 1, 2020 and pre-empt all local ordinances that do not comply with the new standards. The proposed Municipal Code Amendment (MCA 20-01) is intended to bring Title 17 (Zoning) of the Rosemead Municipal Code up to compliance with State legislation regarding the development and conversion of accessory dwelling units (ADUs) in the City. The proposed amendment would adopt new standards for ADUs, in accordance with the provisions of Government Code Sections 65852.2 and 65852.22. The amendment would also provide clarity and consistency for the regulation of ADUs throughout Title 17 (Zoning) of the Rosemead Municipal Code. The public hearing for MCA 20-01 was originally scheduled on June 1, 2020, however, the meeting was cancelled due to the County of Los Angeles' issued curfew. For this reason, the public hearing was not held by the Planning Commission. ENVIRONMENTAL DETERMINATION Under California Public Resources Code section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California's ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, MCA 20-01 is statutorily exempt from CEQA in that the proposed ordinance implements the State's ADU law. Planning Commission Meeting June 15, 2020 Page 2 of 10 STAFF RECOMMENDATION That the Planning Commission: 1. Conduct a public hearing and receive public testimony; and 2. Adopt Planning Commission Resolution No. 20-03 with findings (Exhibit "A"), a resolution recommending that the City Council adopt Ordinance No. 995 (Exhibit "B") for the approval of MCA 20-01. DISCUSSION The State legislature has identified that the California housing shortage is a significant statewide issue. The State believes that increasing the development of ADUs and JADUs is one approach to address the housing crisis. The adoption of Assembly Bill 68, Assembly Bill 881, and Senate Bill 13 into law limits the City's ability to regulate ADUs and JADUs, by reducing regulatory barriers and costs, streamlining the approval, and expanding the potential capacity for ADUs. To comply with State law, the proposed revisions would bring the ADU Ordinance into full compliance with State law. The provisions listed below represents the key changes to State law that must be incorporated into the City's ADU Ordinance (Exhibit "B"): • ADUs and JADUs in Residential Zones: The City's current code allows for one ADU on a lot but does not provide for JADUs. To comply with new State laws, the code amendment will redefine the definition of an ADU and add a definition and code section for a JADU. Specifically, the definitions will state: "Accessory Dwelling Unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: 1. An efficiency unit. unit, as defined in Section 17958.1 of the Health and Safety Code. 2. A manufactured home, as defined in Section 18007 of the Health and Safety Code means an attached or a detached residential dwelling unit, which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. "Junior Accessory Dwelling Unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior Planning Commission Meeting June 15, 2020 Page 3 of 10 accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. In addition, the code amendment will allow an ADU and a JADU on a lot with a single-family dwelling within a residential zone (R-1, R-2, and R-3) [Government Code Section 65852.2(d)(A), subsections (i) through (iv); Section 65852.2(b)(B), subsections (i) and (ii)]. Multiple ADUs within Multifamily Buildings: To comply with new State laws, the code amendment will allow at least one ADU within an existing multifamily dwelling (includes the residential component of a residential/commercial mixed- use development) and allow up to 25 percent of the existing multifamily units on a lot (with a minimum of one) to provide an ADU within non -livable spaces (e.g. boiler rooms, storage rooms, attics, basements, garages, laundry rooms, etc.) of existing dwelling units [Government Code Section 65852.2(b)(C)(i)]; and permit up to two detached ADUs on any property that has an existing multifamily structure (includes the residential component of a residential/commercial mixed-use development) [Government Code Section 65852.2(b)(D)]. • FAR Requirements: The City's current code requires that an ADU cannot exceed the FAR requirements for both single-family and multifamily zones. To comply with new State laws, the code amendment will no longer impose standards related to FAR that would otherwise prohibit the creation of an ADU of at least 800 square feet [Government Code Section 65852.2(c)(2)(C)]. Setbacks: The City's current code requires a five -feet side yard setback for interior lots, a 20 -feet street side yard setback for corner lots, and a ten -feet rear yard setback for one story homes and 15 -feet rear yard setback for two-story homes. To comply with new State laws, the code amendment will reduce the interior side and rear yard setbacks to four feet for all ADUs [Government Code Section 65852.2(e)(1)(B)]. ADU Unit Size: The City's current code allows an ADU to have a floor area maximum of 50 percent of the primary residence or 1,200 square feet, whichever is less. To comply with new State laws, the code amendment will allow attached ADUs to be a maximum of 50 percent of the primary building or 800 square feet if the primary building is less than 1,600 square feet. The code amendment will also allow detached ADUs to be a maximum size of 850 square feet for studio and one - bedroom and 1,000 square feet for two or more bedrooms. In addition, the City cannot limit the number of bedrooms. [Government Code Sections 65852.2(a)(1)(D)(iv) and 65852.2(c)(2)(B)(i-ii)]. Height of ADUs: The City's current code allows ADUs at 17 feet for one-story ADUs and 30 -feet for two-story ADUs. Since new State law requires that a City Planning Commission Meeting June 15, 2020 Page 4 of 10 must permit a maximum height of at least 16 feet, the City can continue to impose the current height maximum of 17 -feet for one-story and 30 -feet for two-story ADUs. [ Government Code Section 65852.2(c)(2)(C)]. Replacement Parking: The City's current code requires that when a parking structure (garage) is demolished or converted in conjunction with the construction of an ADU, that parking must be replaced somewhere on the lot, such as the driveway. To comply with new State laws, the code amendment will no longer require the replacement of parking on the lot [Government Code Section 65852.2(a)(1)(D)(xi)]. Owner Occupancy: The City's current code requires the legal property owner to enter into a covenant with the City, agreeing to occupy either the primary dwelling or ADU as permanent residency. To comply with new State laws, the code amendment will no longer require owner occupancy between January 1, 2020 to January 1, 2025. However, the City may impose an owner occupancy requirement after January 1, 2025 [Government Code Section 65852.2(a)(6) and Section 65852.2(a)(6)(B)]. For JADUs, the new State law allows the City to require owner occupancy in the single-family residence in which the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner -occupancy is not required if the owner is another governmental agency, land trust, or housing organization. The code amendment will require the legal property owner to occupy, on a full-time basis, either the primary dwelling unit, JADU, or accessory dwelling unit (if applicable) as permanent residency. In addition, an Owner -Occupancy Covenant shall be recorded, and a copy shall be submitted to the Planning Division prior to issuance of any building permit for the JADU [Government Code Section 65852.22(2)]. Project Review Time Reduced: Time to complete the review of an ADU application has been reduced from 120 days to 60 days [Government Code Section 65852.2(a)(3)]. Development Impact Fees (DIF): The City's current code allows the collection of development impact fees for all ADUs. To comply with new State laws the City cannot collect impact fees for ADUs that are less than 750 feet. Any impact fees charged for an accessory dwelling unit greater than 750 square feet shall be charged proportionately in relation to the square footage of the primary dwelling unit. [Government Code Section 65852.2(f)(1)(3)(A)]. Currently, the City's DIF is a flat fee of $5,197 for multifamily in single -use zones. To comply with new State laws, the City will charge DIF proportionately in relation to the square footage of the primary dwelling unit, but will not exceed $6,500 (Single -Family DIF), $5,197 (Multifamily DIF) or $5,126 (Mixed -Use Multifamily DIF). Planning Commission Meeting June 15, 2020 Page 5 of 10 The fee calculation is as follows: a. Fee Calculation for Single Family in Single Use Zones (Single Family): $6,500 = Primary Home Square Feet = $/Square Feet. X ADU Square Feet = Fee Due b. Fee Calculation for Multifamily in Single Use Zones (Single Family): $5,197 T Primary Home Square Feet = $/Square Feet. X ADU Square Feet = Fee Due c. Fee Calculation for Multifamily in Mixed -Use Zones (Single Family): $5,126 Primary Home Square Feet = $/Square Feet. X ADU Square Feet = Fee Due In addition to the key changes above, the following do not require a code amendment, however, shall also be applied: Code Enforcement: The City's current code does not prohibit the City from enforcing development standards on a structure that has been illegally converted for human habitation. New State law allows for a property owner to request that enforcement of a violation be delayed for five years to correct the violation for ADUs for cities that had a non-compliant ADU ordinance. This provision of the code is effective until January 1, 2035 [Health and Safety Code Section 17980.12 et seq.]. State Department of Housing and Community Development: New State Law requires that each local jurisdiction submit a copy of their ADU ordinance to the State Department of Housing and Community Development (HCD) 60 days after adoption for verification that the adopted ordinance is in compliance with the State law. Failure to provide an ordinance that is in compliance with the State law is grounds for HCD to notify the Attorney General that the local jurisdiction is in violation with State law [Government Code Section 65852.2(h)(1) through Section 65852.2(h)(1)(3)(A)]. MUNICIPAL CODE REQUIREMENTS Per Rosemead Municipal Code Section 17.152.060, amendments to [the] Zoning Code may be approved only if all the following findings are first made: A. The proposed amendment is consistent with the General Plan and any applicable specific plan; The proposed amendment is consistent with the General Plan and Garvey Avenue Specific Plan, as the purpose of the proposed ordinance is to comply with the amended provisions of Government Code sections 65852.2 and 65858.22. The amendment will provide general standards for the development of ADUs and JADUs in the City. Planning Commission Meeting June 15, 2020 Page 6 of 10 B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City, as ADUs are currently permitted in the Zoning Code, The State legislature has identified that the California housing shortage is a significant statewide issue. The State believes that increasing the development of ADUs and JADUs is one approach to address the housing crisis. To comply with State law, the proposed revisions would bring the ADU Ordinance into full compliance with State law. C. The proposed amendment is internally consistent with other applicable provisions of [the] Zoning Code. The City of Rosemead's current ADU Ordinance does not comply with the new State provisions for ADUs, and is therefore, deemed null and void. MCA 20-01 is intended to bring Title 17 (Zoning) of the Rosemead Municipal Code up to compliance with State legislation regarding the development and conversion of ADUs in the City. The proposed amendment would adopt new standards for ADUs, in accordance with the provisions of Government Code Sections 65852.2 and 65852.22. The amendment would also provide clarity and consistency for the regulation of ADUs throughout Title 17 (Zoning) of the Rosemead Municipal Code. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes publication in the Rosemead Reader and postings of the notice at five public locations. Prepared by: —%�a Lily Valenzuela Planning & Economic Development Manager Submitted by: Angelica Frausto-Lupo Director of Community Development EXHIBITS: A. Planning Commission Resolution No. 20-03 B. Draft Ordinance No. 995 C. Government Code Sections 65852.2 and 65852.22 Attachment D Draft Planning Commission Meeting Minutes Dated June 15, 2020 Minutes of the PLANNING COMMISSION MEETING June 15, 2020 To adhere to the Los Angeles County Health Officer's March 21, 2020, Revised Safer at Home Order, this Planning Commission Meeting will be held via teleconference and the public will have access to observe and address the meeting telephonically and to watch online. Please note that, in accordance with Governor Newsom's Executive Order N-29-20, there will not be a physical location from which the public may attend. If you have a request for an accommodation under the ADA contact: Ericka Hernandez (626) 569-2100. Agenda: Planning Commission agenda materials may be viewed online at Streaming: The meeting will be streamed live on the City's meeting web Listen to the meeting only by phone by dialing: 1(267)866-0999, Code ID:624-607-9406 Remote Public Comments: Public comments will be receN publiccomment@cityofrosemead.org by 6:00 p.m. You also have email address. Please identify the topic you comment in record and will be recorded in the official record ofhe�ty The regular meeting of the Planning Commission Chambers. PLEDGE OF INVOCATION — Commi§sftr Berry ROLL CALL irg (626) 569-2100 or via email at to email your comment to the provided s subject line. All comments are public Chair g.jat 7:00 pm in the City Hall Council and Chair Eng STAFF. <� t N T — CitYA",, Burr s�Director of Community Development Frausto-Lupo, Planning & Economic De ent Manager Val s� a, Ass ie Planner Lao, Assistant Planner Wong, and Commission Secreta g r!� � g Secretary 1. EXPLANIANION OF HEARINGRPAOCEDURES AND APPEAL RIGHTS City Attorney BurroWsente procedure and appeal rights of the meeting. 2. PUBLIC COMMENTSOM THE AUDIENCE Public comments will be received by calling (626) 569.2100 or via email at publiccomment@cityofrosemead.org by 6:00 p.m. You also have the option to email your comment to the provided email address. Please identify the topic you wish to comment in your email's subject line. All comments are public record and will be recorded in the official record of the City. None 3. PUBLIC HEARINGS A. MODIFICATION 20.02 — Emily Young has submitted a Modification Application to amend Design Review 18.04, which was approved by the Planning Commission on February 4, 2019, to construct two new two-story single-family dwelling units, each with a three -car garage. The Modification includes relocating the driveway, revising the floor plan layout, redesigning the exterior facades of both single- family dwelling units, and amending Condition of Approval No. 20, by modifying the original design incentives. The subject site is located at 3917 Muscatel Avenue (APN: 5930-010.051) in the Single - Family Residential (R-1) zone. The public hearing for Modification 20.02 (MOD 20.02) was originally scheduled on June 1, 2020, however, the meeting was cancelled due to the County of Los Angeles" issued curfew. Forthis reason, the public hearing was not held by the Planning Commission. PC RESOLUTION 20-04 - A RESOLUTION OF THE PLANNING; CORMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFQRNIA, APPROVING MODIFICATION 20.02, AMENDING DESIGN REVIEW 18.04, BY RELOCATING THE,DKIVEWAY, REVISING THE FLOOR PLAN LAYOUT, REDESIGNING THE EXTERIOR FACADES OFtBOTH SINGLE-FAMILY DWELLING UNITS, AND AMENDING CONDITION OF APPROVAL NO. 20, BY MODIFYING THE ORIGINAL:DESIGN INCENTIVES. THE SUBJECT SITE IS LOCATED AT 3917 MUSCATEL AVENUE (.APN: 5390.010.01)",,1N THE SINGLE FAMILY RESIDENTIAL (R-1) ZONE. STAFF RECOMMENDATION - It is recommended that the Planning Commission ADOPT Resolution No. 20.04 with findings and APPROVE Modification 20-02, subject to the 36 conditions. Assistant Planner Wong presented the staff report. t Chair Eng asked if the Planning Commission had any questionsorrcomments forstaff. Vice -Chair Lopez asked if the single-family dwellings will, b�e,occupied by the owners or separated. l Assistant Planner Wong �re'lied one of tho'bomes will be dwner,occupied, one may be a rental, but the applicant can confirm that question. Commissioner Tang asked,if there.was a change of ownership since the Planning Commission approved the original plans on/ February 4, 2019.1 Assistant Planner Wong replied�yes. Commissioner, Tang asked if the 'new owner wanted to modify the plans and that is why this Modification is being presented. Assistant Planner Wong replied that is correct. Commissioner Tang referred to page 7 of 17 in the staff report, under Residential Design Incentives, there are two struck out bullet points sentences in the design incentives and asked what that means in the overall condition for the applicant, to take advantage of those incentives. Assistant Planner Wong explained that some of the design incentives no longer apply to the project, so they were crossed out. In addition, they were replaced with other design incentives. Chair Eng asked if the applicant is still exercising the incentives for the extra square footage and if there is not a reduction in square footage. Assistant Planner Wong replied that is correct. Chair Eng asked if the main modification is the garage relocation from the north side of the lot to the south side. Assistant Planner Wong replied it is not only the garage, it is like a mirror, they have relocated the driveway, as a result the placement of the homes and garage are on the opposite side. Chair Eng stated the prior approved plans did not include a balcony on the second floor and she noticed the plans now include balconies on the second floor for both units. She asked for clarification what, size are the balconies, are they L-shaped, and if they are accessible from the bedrooms and loft area. Assistant Planner Wong replied it is only accessible through the loft area not the bedroom. He added there is only a sliding window in the bedroom. Chair Eng asked if it is a L -shape balcony, what is the size of tltie _balcony, and does it go from the�north to the west. Assistant Planner Wong replied it goes northbound and to the east and clarified it is like an L -shaper Chair Eng asked if it is an open balcony or will it" have a covering' . Assistant Planner Wong replied it is open balcony_, Chair Eng asked if the homes to the north and west are single -story. Assistant Planner Wong replied yes. Chair Eng questioned if,46eprivacy of neighbors was taken into consideration while designing the homes. Assistant Planner Wong replied the adjoining neighbor had inquiries, but did not express any concerns in regard to the balcony. Chair Eng asked if staff 'had received, any comments or concerns from neighbors in regard to the balcony's or privacy issues, Assistanf P,Iannor Wong replied no. Chair Eng asked aspart of this Modification, is the applicant contemplating on constructing an ADU in the future. Assistant Planner Wong replied discussion/plans has not taken place for a future ADU. Chair Eng commented that it appears that the design of the building was changed, it complements the other two -stories in the area and asked if that was correct. Assistant Planner Wong replied yes, and the designer can elaborate a little more on the reasoning of the new materials, and architectural features of the single-family dwellings. Chair Eng asked if this project is the same designer as the last approved project. Assistant Planner Wong replied yes. Vice -Chair Lopez asked if the balcony is overlooking the neighbor's backyard or to the side of their homes. Assistant Planner Wong replied the front unit faces the north side and potentially the balcony would be in view to the properties to the north. He added the rear unit there would be potential view into the properties to the west, but the three -car garage would provide some blockage. Chair Eng asked if there were any further questions for staff. With no further questions, she opened the Public Hearing and welcomed the designer of the project. Eric Tsang, Architect, via teleconference stated he would be happy to answer.aray giiestions the Planning Commission may have. Chair Eng thanked Mr. Tsang for joining the meeting and asked what inspired his design changes. Eric Tsang presented a brief summary of the design of the homes; including architectural elements, balcony details, and landscaping details. Chair Eng asked if both units are five -bedroom suites and haveJhree-car garages. Eric Tsang replied yes. Chair Eng asked if there is extra space in case more,parking is needed. Eric Tsang replied yes, there is space between the garages. He explained currently it is considered as a walkway and landscaping, but in the future, it can be paved if needecl, V " Chair Eng asked if the owner is intending for one of the unjts'to be as owner -occupied. Eric Tsang stated the owner. isintending to use both units as,owner-occupied because they have a large family with three generations. Commissioner"Tang noted,thattheprevious applicant was asked if the units would be owner -occupied, and they said yes, however, then put the property on the market to sell. Eric Tsang,pommented at that time the ownerhad been planning to live there. Chair Eng asked i=,questions were any'`further questions or comments for this item. See none, Chair Eng closed the Public Hearing. With no Chair Eng asked for a motion. Commissioner Tang made a/motion, seconded by Vice -Chair Lopez, to ADOPT Resolution No. 20.04 with findings and APPROVE Modification 20.02, subject to the 36 conditions. Vote resulted in: Ayes: Berry, Eng, Lopez, Tang, and Vuong Noes: None Abstain: None Absent: None 4 Community Development Director Frausto-Lupo stated the motion passes with a vote of 5 Ayes and 0 Noes. She explained the 10 -day appeal process and reminded the applicant to remove the on-site Public Hearing Notice. B. DESIGN REVIEW 20-02 - Anna Chow has submitted a Design Review application, requesting to construct a new 2,883 square -foot, two-story single-family dwelling unit with an attached two -car garage. The granting of a Discretionary Site Plan and Design Review is required for any dwelling unit to be constructed that equals or exceeds two thousand five hundred (2,500) square feet of developed living area. The subject site is located at 3139 Burton Avenue (APN: 5289-004-061) in the Single -Family Residential (R-1) zone. PC RESOLUTION 20.05 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 20- 02, PERMITTING A NEW, TWO-STORY, 2,883 SQUARE -FOOT SINGLE`FAM lLY DWELLING UNIT, WITH AN ATTACHED TWO -CAR GARAGE. THE SUBJECT SITE, IS'LOCATED,,AT` 139 BURTON AVENUE (APN: 5289.004.061), IN THE SINGLE FAMILY RESIDENTIAL (R-1) ZONE. STAFF RECOMMENDATION - It is recommende,011hatAhe Planning.Commission ADOPT.Resolution No. 20.05 with findings and APPROVE Design Review,, 20.02, subjerct'to'the 34 conditions:. Associate Planner Lao presented the staff report. Chair Eng asked the Planning Commission if there,,were any questions orcomments for staff. None at this time. Chair Eng asked if this flag lot was approved before the passing of the ordinance that prohibits flag lots and if this is the front unit of the subdivided flag lot. Associate Planner Lao repli0d yes, that is c orrect. ' Chair Eng asked how long the,current property owner has owned the lot. Associate Planner -Lao replied'the owner/ has owned -the property before the flag lot was subdivided. Chair Eng, apked if the property,owner,is'contemplating an ADU in the future and how big it will be. Associate Planner Lao replied`oureently the' ADU is in the preliminary stage, once the plans are finalized, they will submit them, and staff will reviewthem. Chair Eng stated,du'ring the Public Hearing she would like to know if the development will be owner -occupied. She referred to the planns prid.confirmed that balconies are not being proposed on the second level. Associate Planner Lao stated that is correct. Chair Eng stated she drove by the site and there are several two-story flag lots and asked if the total height of this development will complement the other two-story flag lot developments. Associate Planner Lao replied yes, it is at 30 feet or just under it. Commissioner Vuong asked in regard to the ADU, will the applicant be subject to the new ADU requirements being discussed this evening or will they be subject to the existing requirements. Associate Planner Lao explained that the applicant will not be subject to the new ADU requirements if their plans are submitted to the Building and Planning Divisions, and if they are approved. Chair Eng asked so basically if the proposed zoning amendment takes into effect after the applicant submits their plans, then they would follow the existing ADU requirements. Associate Planner Lao replied that is correct. Chair Eng asked it there were any further questions or comments for staff. With no further questions she opened the Public Hearing and welcomed the designer to the meeting. City Attorney Burrows recommended the meeting be recessed for five minutes dueto technical issues. Chair Eng called the meeting back to order and welcome Dat Wong, Desi ner for this project. Dat Wong stated he is the Designer for this project, thanked staff`for;all�their help, and he is -available to answer any questions the Planning Commission may have. He gave a beef summary of the elements,b-eing proposed into the home. Chair Eng thanked Mr. Wong for joining the meeting and asked once the'deyelopment is completed will it be owner - occupied. Dat Wong replied he believes so. Chair Eng asked if the four bedrooms are suites. Dat Wong replied yes. i Chair Eng stated the owner js'contemplatin'g adding an ADU"in the future and asked if that was correct. Dat Wong replied that is correct., Chair Eng,asked if there has been,any/,Oiscussion in regard'to the size of the ADU the owner is contemplating. Dat Wong replied the currerit,makimum size is 1,200 square feet and they plan on meeting that requirement. He added staff has let them know new requirements rRaygo into effect, so they will meet all the requirements from the City and State. Chair Eng asked,if there is any vacant space left on the lot for extra parking. Dat Wong replied yes; a4explained his plan is to build the ADU in the rear and there will room for parking and a driveway. Chair Eng asked there were any further questions or comments for this item. With no further questions she announced staff did receive an email, which included a letter from Sonja Trauss, Executive Director of YIMBY LAW in support of Design Review 20-02. Chair Eng closed the Public Hearing and asked the Planning Commission if there were any further questions or comments for staff. See None. Chair Eng commented her only concern in regard to this item is that the street is narrow, and parking will be impacted. M City Attorney Burrows addressed Chair Eng and Planning Commission and recommended the letter sent in by Sonja Trauss, Executive Director of YIMBY LAW must be read aloud and read the letter regarding "California Government Code § 65589.5 the Housing Accountability Act" for the record. Chair Eng thanked City Attorney Burrows for reading the letter and requested a motion. Commissioner Vuong made a motion, seconded by Vice -Chair Lopez, to ADOPT Resolution No. 20.05 with findings and APPROVE Design Review 20.02, subject to the 34 conditions. Vote resulted in: Ayes: Berry, Eng, Lopez, Tang, and Vuong Noes: None Abstain: None Absent: None Community Development Director Frausto-Lupo stated the rnotion,passes with a vote of 5vAyirts,and 0 Noes. She explained the 10 -day appeal process and reminded the applicaptto remove the on-site Public Hearing, Notice. C. DESIGN REVIEW 20.03 - Anna Chow has submitted. a Design Review application, requesting to construct a new 3,429 square -foot, two6story single -faintly `dwelling unit with an attached three -car garage. The granting of a Discretion ry�Site Plan and Design Review is required for any dwelling unit to be constructed that equals or excedds,two thousand five hundred (2,500) square feet of developed living area. The subject site is located a'tF3143 Burton Avenue (APN; 5289.004.062) in the Single -Family Residential (R-1) zone. PC RESOLUTION 20-.06 - A RESOLUTIONv�OEITHE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COLIFY OF LOS ANGELES, STATE,,OF CALIFORNIA, APPROVING DESIGN REVIEW 20- 03, PERMITTING,A,NEW, TWO-STP.AY, 3,429 SQUARE -FOOT SINGLE-FAMILY DWELLING UNIT, WITH AN ATTACHED THRE&CAR.,GARAG E. THE ,SUBJgQT SITE IS LOCATED AT 3143 BURTON AVENUE (APN: 528,9-004-062); IN THE�SINGLE FAMILY RESIDENTIAL (R-1) ZONE. STAFF RECOMMENDATIONy Itis recommended that the Planning Commission ADOPT Resolution No. 20,•66 with findingiand`APPROVEDesign Review 20.03, subject to the 33 conditions. Associate°I?lanrter Lao presented,,th6\staff report. 4 � Chair Eng asked,if the Planning Commission had any questions or comments for staff. See None. Chair Eng asked if this development'is on the same flag lot, but is the back unit, which is owned by the applicant. Associate Planner Lao replied. yes. Chair Eng asked if an ADU is being contemplated in the future. Associate Planner Lao replied yes. Chair Eng opened the Public Hearing and welcomed Dat Wong, Designer of the project. She asked if the Planning Commission had any questions or comments for Mr. Wong. With no further questions she asked if the unit will be owner -occupied. Dat Wong replied he believes so. Chair Eng asked if an ADU is being contemplated and in the design has it been taken into consideration for extra parking within the lot. Dat Wong replied yes, the flag lot has plenty of space, and his intent is for the ADU to have its own garage, so parking is not an issue for these two homes. Chair Eng asked if there will be any open porches or balconies on the second floor. Dat Wong replied no, that is correct. Chair Eng asked if there is anyone else wishing to speak on this item. See,None.,Chai�r Eng closed the Public Hearing and thanked Mr. Wong for joining the meeting. She asked the Planning Commission if they had any further questions or comments for staff. With no further questions she requested a motion.`, �,�� Vice -Chair Lopez made a motion, seconded by Commissioner Tang, to ADOPT Resolutign No. 20-06 with findings and APPROVE Design Review 20-03, subject to the 33 conditions. Vote resulted in: Ayes: Berry, Eng, LopeTang, and Vuong Noes: None Abstain: None Absent: Nonet Community Development Director Frausto Lupo stated th pNotion passes with a vote of 5 Ayes and 0 Noes. She explained the 10 -day appeal process and,,rem jnded the "applicant to remove the on-site Public Hearing Notice. D. MUNICIPAL CODE AMENDMENT 20.01.On October 9,, 2019, Governor Gavin Newsom signed several bills into law (Assembly Bill v6$, Aesembly Bill '881, and Senate Bill 13), which amended Government Code Sectiops 65852.2 a'hd.;65852:22�(attached as Exhibit "C") pertaining to the development of accessory dweil(egdinits (ADUs)and junior accessory dwelling units (JADUs). These regulations became effective on ,anu-'ary 1, 2020 and pre=emptall Focal ordinances that do not comply with the new standards. The proposed Municipal Q Rosemead Municipal Code conversion of accessory dv standards for ADUs, in accor The amendment wouidralse/ (Zoning) of the Rosemead M Amendment (MCA 20-01) is intended to bring Title 17 (Zoning) of the to compliance with State legislation regarding the development and ig units (ADUs) in the City. The proposed amendment would adopt new ce with the provisions of Government Code Sections 65852.2 and 65852.22. ride clarity and consistency for the regulation of ADUs throughout Title 17 ;ipal Code. The public hearing for MCA 20-01 was originally scheduled on June 1, 2020, however, the meeting was cancelled due to the County of Los Angeles' issued curfew. For this reason, the public hearing was not held by the Planning Commission. Planning Commission Resolution No. 20.03 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 995 FOR THE APPROVAL OF MUNICIPAL CODE AMENDMENT 20- 8 01 (MCA 20.01), AMENDING TITLE 17 (ZONING) OF THE ROSEMEAD MUNICIPAL CODE TO COMPLY WITH NEW STATE PROVISIONS FOR ACCESSORY DWELLING UNITS (ADUs). STAFF RECOMMENDATION - That the Planning Commission: 1. Conduct a public hearing and receive public testimony; and 2. Adopt Planning Commission Resolution No. 20-03 with findings, a resolution recommending that the City Council adopt Ordinance No. 995 for the approval of MCA 20-01. Planning & Economic Development Manager Valenzuela presented the staff report,, Chair Eng asked if the Planning Commission had any questions or comments for staff. Commissioner Tang asked staff to explain the section regarding converted -garages , Planning & Economic Development Manager Valenzuela provided en'example that if someone has a single-family home and a two -car garage, and they want to convert it into an'ADU','they will not be requiretl to..replace those parking spaces. Commissioner Tang asked if the applicant already has a converted garege and if they want to certify"that as an ADU, can it be that same process. Planning & Economic Development Manager Valenzuelereplied yes. Commissioner Tang asked staff to explain the owner -occupancy section. Planning & Economic Development Manager Valenzuela, explained that the -'prior ADU ordinance required owner - occupancy in either the mein house or th�e�ARU. She added" the new state law states that is no longer required, and they may both be rentals up ,;to year 2025. a Commissioner Tang askedwhat happens after that. Planning &,F-conomic DevelopmentManager Valenzuela replied a new law will probably be issued. Commiss(oner Vuong referred to converting, garages and asked how a property owner becomes compliant with ensuring parking spaces on a property or issitnolonger a requirement. Planning & Economic Development Manager Valenzuela replied it is no longer a requirement. Commissioner Vuong asked so,"any/single-family home would potentially not be required to have any parking spaces. Planning & Economic Development Manager Valenzuela replied if the garage is converted to an ADU, then yes, it would not be required. Commissioner Vuong asked how it would be differentiated or defined an attached ADU verses an extension to a home. Planning & Economic Development Manager Valenzuela replied the attached ADU would have its own cooking and sanitation facilities and that would be the difference. Commissioner Tang stated going back to that question and asked if a detached ADU would also have its own cooking and sanitation facilities. Planning & Economic Development Manager Valenzuela replied yes. Commissioner Tang stated so an extension would an extra room, whereas, an attached ADU would require having its own kitchen. Planning & Economic Development Manager Valenzuela replied yes, it would have to have its own living quarters. She explained so, if you are doing an addition to a home, you do not necessarily want to add a kitchen as part of the single- family home. Commissioner Tang asked if in that scenario does that mean an ADU would have,'to..have a separate entrance. Planning & Economic Development Manager Valenzuela replied yes. Vice -Chair Lopez asked for an ADU to be used as a rental, it is required to'have a kitchen'and sanitation facility. Planning & Economic Development Manager Valenzuela replied, yes. Vice -Chair Lopez asked if a carport will no longer be required,in the substitution for a garage 'or will it just be a driveway. He added in the past, it was required to make-up tfie differenge;if,you wanted to convert your garage into a den or something. Planning & Economic Development Manager Valemuela�explained with'the old law, if you converted your garage, you would still have to provide parking on the driveway. . Vice -Chair Lopez commented as long as it would just be�for parking. Planning & Economic Development Manager Valenzuela stated with this new state law and you do not have to provide parking. She added driveway parking is aloo not required'.', Commissioner Tang stated it seems like the new -law that we are amending to comply with is less restrictive on parking, but more restrictive on the amount;of square footage that -can -be constructed on an ADU. He adds in the old law it is a maximum=offiftypercent, of the primary residence or 1,200 square feet but the new one breaks it down to 850-1,000 square feet,; Planning tEconomic Development,Manager Valenzuela stated the new law is more lenient because you can build at least an 800,spare foot ADU. Commissioner4Tartg'asked for clarificPtion. Planning & Economic Development Manager Valenzuela explained that if fifty percent of the main house is at 500 square feet, you can build up;to 800 square feet, so it is more lenient. Commissioner Vuong asked what the minimum requirement for a regular single-family dwelling unit is, because the way he reads this is an ADU could be potentially be more than 800 -1,200 square feet, so how would you differentiate this ADU from a regular dwelling unit. Planning & Economic Development Manager Valenzuela explained for example if the single-family home is 1,000 square feet and they are building an attached ADU, fifty percent of 1,000 square feet is 500 square feet, so technically they can build up to 800 square feet for the ADU, and the single-family home would have to comply with the city standards of R-1 and R-2. 10 Chair Eng referred to the Draft Ordinance No.995 and stated there are some corrections that are needed. She referred to page 4 of the draft ordinance 17.30.190 and read the title "Accessory Dwelling Units (ADUs) and asked staff if Junior ADU's should also be addressed in this section. Planning & Economic Development Manager Valenzuela replied no, because staff has added an additional section towards the end that addresses it. Chair Eng read the titles of sections A -F and asked if section "D" is JADUs and if section "E" was Revocations. Planning & Economic Development Manager Valenzuela replied that is correct. Chair Eng asked if item "F" is for existing ADUs. Planning & Economic Development Manager Valenzuela replied yes: Chair Eng stated that will need to be added back into the sectionand is a mechanical correction needed. Panning & Economic Development Manager Valenzuela agreed::,, Chair Eng asked if the difference between an ADU and a JADU is�that a JADU is limited to a maximum of 500 square feet and must be attached to an existing dwelling�� Planning & Economic Development Manager Valen uela replied that is correct. Chair Eng asked if it is required to have -a_separate entea(nce, Planning & Economic Devel 'pmdnt Manager`Valenzueia replied it does. Chair Eng asked if the JADU, would require a,separate sanitatlon facility or can they share from the existing structure and inquired about cookingvfacdities. Planning Development Manager Valenzuela replied that the JADU would require an efficiency kitchen and the sani66 facility can be shared by the,main home. Chair Eng,asked what an efficienj ,kitchen-is.v > Planning & )Ecoriomic Developmept Manager Valenzuela replied that Associate Planner Lao can read the State's definition of an efficient kitchen and commented that the State has reviewed the city's draft ordinance, which is a requirement, and is,safrsfied with it-/ Associate Planner Lao \read.* efficiency kitchen would include cooking facilities with appliances, and a food preparation counter with storage cabinets, that are of reasonable size in relation to the size of the JADU. Chair Eng asked under this draft ordinance and new state law, is there a maximum total combined square footage for an ADU plus a JADU. Planning & Economic Development Manager Valenzuela replied for a regular ADU the maximum if allowed is 800 square feet, which must be allowed. For the JADU it is 500 square feet and must be attached to the existing home. For example, if they meet the standards, they can build bigger, and cities can allow up to 1,200 square feet. 11 Chair Eng asked if that is for the ADU plus the 500 square feet for the JADU. Planning & Economic Development Manager Valenzuela replied yes. Chair Eng asked if the ADU and JADUs under the existing state law are they subject FAR requirements or are they outside. Planning & Economic Development Manager Valenzuela replied ADUs and JADUs cannot be restricted from being constructed if they do not meet FAR. Chair Eng asked if they are subject to the FAR of a property. , Planning & Economic Development Manager Valenzuela replied they are,not. Commissioner Tang stated but a single-family home is. Planning & Economic Development Manager Valenzuela gave`an�example, if a house is at forty percent FAR with the design incentives, the city must still allow them to build an80Q�sq'uare feet ADI . Commissioner Tang asked what if they do not meet the setbacks. Planning & Economic Development Manager Valenzuela replied they will'still have to meet the four feet setbacks. Chair Eng commented that the setbacks are the guiding'factor o see if it is,feasib�e to build an 800 square feet ADU. Commissioner Tang stated so it,cannot,be restricted because of;, FAR, but you cannot build a house that is abutting against your neighbor's house, Planning & Economic Development Manager Walenzuela'rteolied that is correct and it must be four feet. r Commissioner Tang gave a scenario regadng.the FAR on an 000 square foot home and asked if it meets the setbacks, it does not really natter. Planning &. Economic Development Manager Valenzuela agreed. Chair Eng�::asked if any feedback has been,received from property owners or developers since the Public Notice has been senttout regarding this proposed ordinance. Planning & Economic,pevelopment MlanagerValenzuela replied that because more than 1,000 properties are impacted a Public Notice was -publicized in a newspaper and it is not required to be mailed out. Commissioner Tang commented that it will be interesting and incumbent for staff to help design developments, so that it flows with the community character. Planning & Economic Development Manger Valenzuela stated that is something staff has been doing and luckily the designers and property owners have been working with them. Commissioner Tang asked if it would then be too restrictive if we say we need to add design requirements to it. Planning & Economic Development Manager Valenzuela stated that the state allows them to incorporate some design 12 criteria's and some of things are like making sure the ADU matches the single-family home. She added other requirements like increasing the setback is not allowed. Chair Tang asked what the process is if staff would ever run into a situation where there is a nonconforming property and they wanted to construct an ADU. Planning & Economic Development Manager Valenzuela replied that the first step is compliance, however, this new law has helped with Code Enforcement cases, such as garage conversions. Chair Eng asked if a property can have both an ADU and a JADU. Planning & Economic Development Manager Valenzuela replied yes, if it is a.single=family home. Chair Eng asked if only the JADU has an owner -occupied requirement. Planning & Economic Development Manager Valenzuela replied yes,'and a covenant he eds,to be recorded as an added requirement. She explained that is to ensure that the owner `ill occupy the home. Vice -Chair Lopez asked how the city will monitor this. Planning & Economic Development Manager Valenzuela replied we will just'do our best. Chair Eng referred to the Impact Fee and under,** current state law if an ADU is less than 750 square feet an Impact Fee may not be imposed, however if it exceeds thatstaff has come up with\a formula. She stated the square footage is subject to the Impact Fee and asked if the 750 is subtracted from the proposed ADU and if the portion that exceeds the 750 is when the Impact Fee is calculated. She \ feered to page four, in the staff report under Development Impact Fees. Planning & Economic Development Manager Valenzuela' explained that if it is less than 750 square feet, Development Impact Fees may not bet6heFted. '1 Chair Eng asked staff _how thatfee:is calculated ifit exceeds:7$0 square feet. Commissioner'Tang asked,lif credit will be,given for the 750 square feet. Planning &Economic Develop%erit Manager Valenzuela replied they do not get credit. She referred to page five of the staff report\pnd read the fee calculations." Chair Eng askedif someone is building an ADU for 900 square feet, because it exceeds 750 square feet the whole 900 square feet would be subject toa Development Impact Fee. Planning & Economic Development Manager Valenzuela replied yes. Chair Eng referred to the chart regarding bedrooms and asked if the number of bedrooms will no longer be indicated for ADUs and JADUs. Planning & Economic Development Manager Valenzuela replied that is correct. Chair Eng read under the Proposed Ordinance it states, "Bedrooms shall conform to standard Building Code requirements" and asked under the Building Code what qualifies as a bedroom. 13 Planning & Economic Development Manager Valenzuela replied Building Code requires a bedroom size to be a minimum of 70 square feet. Chair Eng asked if the new state law combined the square footage of an ADU (800 sq. ft.) and JADU (500 sq. ft.) to add up to 1,300 square feet. Planning & Economic Development Manager Valenzuela replied they can technically. She added staff would like to clarify although the state allows 1,200 square feet, they are limiting 850 square feet for a one bedroom and anything more than a one bedroom is limited to 1,000 square feet. She explained the state does allow the city to have a maximum size. Chair Eng asked staff the reason for that proposal. Planning & Economic Development Manager Valenzuela explained this Would alloWjor more open space, more distance between buildings, and more setbacks. Commissioner Tang asked if it is fifty percent, 850, or 1,000, or whichever is lower. Planning & Economic Development Manager Valenzuela replied,whichever, is lower, if it is attached Commissioner Tang asked which is it if it is detached. Planning & Economic Development Manager Valenzuela replied it is 850.or 1,.000 square feet. Associate Planner Lao added that it can be 800 square feet also. Chair Eng added it is 500 square feet if they,pre adding a\JADU: t Vice -Chair Lopez stated that/is based on what}is available orltheir lot size. Commissioner Tang commented thatIs not what is stated in the definition, the definition in the staff report on page three, states whichever is less �follolwirtg the 1,200 square, feet., Planning.A.Economic Development Manager Valenzuela stated the Ordinance has specific requirements. Chair Eng -asked the Planning Commissiowif there were any other questions or comments for staff. Commissionbr,Berry commented that this will allow staff to make sure ADUs and JADUs are in compliance and address illegal units. r Vice -Chair Lopez commented his doncern is that setbacks and abutting walls may be problematic. Commissioner Tang asked Community Development Director Frausto-Lupo if it would be possible to have an informal update in six to eight months, so that the Planning Commission may be better informed on what these impacts may be in the future. Community Development Director Frausto-Lupo replied yes. Chair Eng opened the Public Hearing and asked if there is anyone on-line wishing to speak on this item. See None and Public Hearing was closed. She asked if the Planning Commission had any further questions or comments for staff. 14 Commissioner Tang asked where the Development Impacts Fees go, is there is a special fund it goes to, or how does it work. Planning & Economic Development Manager Valenzuela replied the Development Impact Fees go towards open space, parks, and a little is allocated to traffic. She added QUIMBY is also calculated into the DIF Fees now. Commissioner Tang asked if it is then designated into a special fund or is it part of a general fund and gets allocated in that way. Planning & Economic Development Manager Valenzuela replied it goes into a fund incase the city would like to build a park or something. Chair Eng asked if there are any other follow-up questions or comments ,Vvith,,norie,she asked for a motion for Municipal Code Amendment 20-01. Vice -Chair Lopez made a motion, seconded by Commissioner Tang, to Adopt ReW, 9n No. 20.03 with findings, a resolution recommending that the City Cou`ncil' adopt Ordinance No. 995�foi a Approval of Municipal Code Amendment 20-01.'�` Vote resulted in: Yes: Berry, Eng, Lopez"Ting, and Wong No: None Abstain: None Y Absent: None Community Development Director Frausto7LUpo stated�the,motion passes with a vote of 5 Ayes and 0 Noes and explained the 10 -day appe, l[ rocess. r A. i 4. CONSENT CALENDAR � A. P.0 MINUTES 3w2-20 Commissioner Berry made�4 motion, seconded by Vice -Chair Lopez, to approve PC Minutes 3-2-20 as presefi d Vote resulted�jin 1, Ayes: �' �, Berry, Eng, Lopez, Tang, and Wong Noes: No" Abstain: '-Norte Absent: None Community Development Director stated the motion passes with a vote of 5 Ayes and 0 Noes 5. MATTERS FROM STAFF A. PLANNING DIVISION PROJECT LIST 15 Chair Eng thanked staff for the Planning Division Project List and commented COVID-19 has not stopped staff from working hard. She referred to the Garvey Avenue Specific Plan and there are a couple of projects looking at six -stories and 70 feet in height, she asked if that is the maximum height permitted under the Garvey Avenue Specific Plan. Planning & Economic Development Manager Valenzuela replied the maximum height is 75 feet and it allows for a five feet architectural feature. Director of Community Development Frausto-Lupo announced this is Chair Eng's last Planning Commission meeting, thanked her commitment for serving as a Planning Commissioner, and presented her with a Certificate of Appreciation for her service. 6. MATTERS FROM THE CHAIR & COMMISSIONERS Commissioner Berry thanked staff for working during the Covid-19 pandemic -and wished, everyone well. Vice -Chair Lopez congratulated Chair Eng and wished her well. Commissioner Tang asked staff what the city can do to aggressively attract and,improve more development. He asked if it would be possible to get some one-on-one meetings in, regard to CDBG+Unds and Block Grarlf; how they are obtained, and what they are used for, to get a better understanding, He asked,since Redevelopment Funds are not available, how can the city get more creative and aggressive'to encourage more development, and suggested brainstorming to come up with ideas/incentives to see what will work. He addressed Chair Eng and told her it has been quite a journey working with her for the past tvvo years, hues to see he�go, and thanked her for her service. Chair Eng thanked Commissioner Tang. She commented that,she has served the Planning Commission for eleven years and it is time to allow someone else to have the oppoqunity:to serve and have an impact. Commissioner Vuong asked staffif any small businesse have requested to participate in the CDBG Funds Programs during this pandemic, are, there efforts to �,0 it more readily available, and changing the requirements to make it a little bit more attractive because a lot of smalhusinesses are struggling right now. He also asked if the city also uses CDBG Funds for First-Tirne,.Homebuyers;Program, is there apypne that has used that program, and it is really been maximizing the use of. CDBG Fgnds: Helthanked` Chair.Eng for serving the community, wished her luck, and stated it has been apleasure working with her. Chair En`g��thanked Commissioner Vuor�g"'staff, and her fellow Planning Commissioners for their support. She expressed,Jt,has been an honor te,,serve as the Chair for the past year, acknowledged and stated she appreciates staffs hadwork, and for making their job as a Planning Commissioner rewarding. She stated most importantly, thank you staff for helping property and business owners realize their dreams and goals in Rosemead. She added without staff, their hard'work>and constantly;being there for them, their dreams and visions would not have been able to be realized. She shared that this is/,hef last Planning Commission meeting and stated it has been great privilege to work with all past and present Plannjng Commissioners. She has learned a lot from staff in the last eleven years and cherishes the opportunity to'have been a small part of the progress in making Rosemead better and prettier. She wished the new prospective Planning Commissioner applicants' good luck and thanked them for taking the time to serve. Chair Eng stated best wishes to everyone, stay safe, stay healthy, and take care of each other. 7. ADJOURNMENT Meeting adjourned at 8:21 pm. W. The next regular Planning Commission meeting will be held on Monday, July 6, 2020, at 7:00 pm in the Council Chamber. Nancy Eng Chair ATTEST: Rachel Lockwood, Commission Secretary 17 �t 17 Attachment E Planning Commission Resolution No. 20-03 PC RESOLUTION 20-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 995 FOR THE APPROVAL OF MUNICIPAL CODE AMENDMENT 20-01 (MCA 20-01), AMENDING TITLE 17 (ZONING) OF THE ROSEMEAD MUNICIPAL CODE TO COMPLY WITH NEW STATE PROVISIONS FOR ACCESSORY DWELLING UNITS (ADUs). WHEREAS, on October 9, 2019, Governor Gavin Newsom signed State laws (Assembly Bill 68, Assembly Bill 881, and Senate Bill 13), which amended Government Code Sections 65852.2 and 65852.22 pertaining to local regulations for ADUs; WHEREAS, local ordinances that are not compliant with the new state provisions are null and void as of January 1, 2020, after which time such jurisdiction must apply the standards in Government Code Sections 65852.2 and 65852.22 until a compliant local ordinance is adopted; WHEREAS, the City of Rosemead's current Municipal Code conflicts with the regulations specified in Government Code Sections 65852.2 and 65852.22; WHEREAS, amendments to Title 17 (Zoning), specifically RMC Sections 17.04.050 (Definitions) and 17.30.190 (Accessory Dwelling Units) are necessary to update requirements for the establishment of ADUs in conformance with Government Code Sections 65852.2 and 65852.22; WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the criteria for a Zoning Code Amendment; WHEREAS, Sections 65854 and 65855 of the California Government Code and Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning Commission to review and make recommendations to the City Council regarding amendments to the City's Zoning Code; WHEREAS, on May 21, 2020, a notice was published in the Rosemead Reader and notices were posted in five public locations, specifying the availability of the proposal, and the date, time, and location of the public hearing for MCA 20-01; WHEREAS, on June 1, 2020 the Planning Commission meeting was cancelled and the duly noticed and advertised public hearing was postponed due to the County of Los Angeles' issued curfew; WHEREAS, on June 4, 2020, a notice was published in the Rosemead Reader and notices were posted in five public locations, specifying the availability of the proposal, and the date, time, and location of the public hearing for MCA 20-01; WHEREAS, on June 15, 2020, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to MCA 20-01; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California's ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, MCA 20-01 is statutorily exempt from CEQA in that the proposed ordinance implements the State's ADU law. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Municipal Code Amendment 20-01, in accordance with Section 17.152.060 of the Rosemead Municipal Code as follows: A. The proposed amendment is consistent with the General Plan and any applicable specific plan; FINDING: The proposed amendment is consistent with the General Plan and Garvey Avenue Specific Plan, as Government Code Section 65852.2(a)(8), provides that an accessory dwelling unit that conforms to [the applicable] subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and FINDING: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City, as ADUs are currently permitted in the Zoning Code. The State legislature has identified that the California housing shortage is a significant statewide issue. The State believes that increasing the development of ADUs and JADUs is one approach to address the housing crisis. To comply with State law, the proposed revisions would bring the ADU Ordinance into full compliance with State law. 2 C. The proposed amendment is internally consistent with other applicable provisions of [the] Zoning Code. FINDING: The City of Rosemead's current ADU Ordinance does not comply with the new State provisions for ADUs, and is therefore, deemed null and void. MCA 20-01 is intended to bring Title 17 (Zoning) of the Rosemead Municipal Code up to compliance with State legislation regarding the development and conversion of ADUs in the City. The proposed amendment would adopt new standards for ADUs, in accordance with the provisions of Government Code Sections 65852.2 and 65852.22. The amendment would also provide clarity and consistency for the regulation of ADUs throughout Title 17 (Zoning) of the Rosemead Municipal Code. SECTION 3. The Planning Commission HEREBY RECOMMENDS City Council adoption of Ordinance No. 995 for the approval of MCA 20-01, an amendment to Title 17 (Zoning) of the Rosemead Municipal Code comply with the new State provisions for accessory dwelling units. SECTION 4. This resolution is the result of an action taken by the Planning Commission on June 15, 2020, by the following vote: AYES: BERRY, ENG, LOPEZ, TANG, AND WONG NOES: NONE ABSENT: NONE ABSTAIN: NONE SECTION 5. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the Rosemead City Clerk. PASSED, APPROVED, and ADOPTED this 15th day of June, 2020. Nancy Eng, Chair 3 CERTIFICATION hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 15th day of June, 2020, by the following vote: AYES: BERRY, ENG, LOPEZ, TANG, AND VUONG NOES: NONE ABSENT: NONE ABSTAIN: NONE APPROVED AS TO FORM: Angelica Frausto-Lup , Secretary Christina Burrows, Planning Commission Attorney Burke, Williams & Sorensen, LLP 4