CC - Item 5C - Adoption for the Approval of MCA 20-01, Amending Title 17 of the Rosemead Municipal Code to Comply with New State Provisions for Accessory Dwelling Units E M F
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TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER L1,PI
DATE: AUGUST 25, 2020
SUBJECT: ORDINANCE NO. 995 - SECOND READING AND ADOPTION 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) `
SUMMARY
On July 14, 2020, the City Council introduced for first reading, by title only, Ordinance No. 995,
by amending Title 17 (Zoning) of the Rosemead Municipal Code to Comply with new state
provisions for accessory dwelling units (ADU's).
STAFF RECOMMENDATION
It is recommended that the City Council approve the second reading and adoption of Ordinance
No. 995 by title only, entitled:
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).
FISCAL IMPACT -None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitte• by:
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ErickaHernandez, City Clerk
Attachment A: Ordinance No. 995
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Attachment A
Ordinance No. 995
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
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.
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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.
"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.
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"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 Units (ADUs).
Sections:
A. Purpose.
B. Applicability.
C. ADUs.
D. Junior Accessory Dwelling Units (JADUs).
E. Revocation.
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 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. ADUs.
The following provisions shall apply to ADUs:
1. In the R-1, R-2, 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
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applicable regulations of the underlying zone shall apply.
2. An ADU shall be deemed an accessory use. ADUs do not exceed the allowable density for
the lot upon which they are located.
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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. ADUs shall conform to the
standards in Table 17.30.190.1.
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.
8. To the extent possible, the creation of an ADU shall not alter the primary dwelling
appearance of the lot. The following shall apply:
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-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.
11. The ADU shall comply with all Building Code and Fire Code requirements.
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12. New ADUs or modifications of existing ADUs shall conform to the standards in Table
17.30.190.1 (ADU Development Standards).
Table 17.30.190.1: ADU Development Standards
Attached ADU Detached ADU Notes and Exceptions
Maximum Limited to number of Two-Story - 30 feet *If the height of the existing
Height stories and height of primary residence is less than
existing primary One-Story - 17 feet** 16 feet, the proposed ADU
residence* shall be allowed a maximum
height of 16 feet
**The height shall be
measured from the habitable
surface of the ADU
Minimum Side Yard Setback: Conversion of an existing
Setbacks 4 feet permitted structure to an ADU
Side Yard Setback: 4 shall not be required to satisfy
feet Rear Yard Setback: 4 the minimum setback
feet standards if the side and rear
Rear Yard Setback: 4 setbacks are sufficient for fire
feet safety
The setback of the second
floor shall not be less than the
setback of the first floor
Minimum Provisions of the 10 feet* *If the minimum distance
Distance applicable underlying between dwellings cannot be
Between zoning designation of met, an 800 square feet ADU
Dwellings the subject property that is at least 16 feet in height
shall apply 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 20% of lot area* 20% of lot area* *If the minimum landscape
Landscape area requirement cannot be
Area met, an 800 square feet ADU
that is at least 16 feet in height
with four-feet side and rear
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yard setbacks shall be
permitted provided that it is
constructed in compliance
with all other local
development standards.
Minimum 150 square feet 150 square feet
Floor-Area
Maximum Up to 50% of existing *If the creation of an ADU
Floor-Area living area of primary If floor-area ratio results in a floor-area ratio that
residence permits:* is greater than what is
permitted in the zone, an 800
If the primary • 150-850 square feet square feet ADU that is at least
residence is less than for a studio or one 16 feet in height with four-feet
1,600 square feet, an bedroom side and rear yard setbacks
800 square feet ADU shall be permitted provided
will be permitted. • 1,000 square feet for that it is constructed in
an ADU that provides compliance with all other local
more than one development standards.
bedroom
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 egress.
Where both a JADU
and a detached ADU
are constructed, the
ADU shall be no more
than 800 square feet.
Maximum Bedrooms shall
Number of conform to standard Bedrooms shall
Bedrooms Building Code conform to standard
requirements. Building Code
requirements.
Minimum One parking space per One parking space per *Off-street parking standards
Off-Street bedroom or ADU, bedroom or ADU, shall not be required for an
Parking whichever is less whichever is less ADU in any of the following
instances:
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These spaces may be These spaces may be (1) The ADU is located within
provided as tandem provided as tandem one-half mile of public transit.
parking on a driveway. parking on a driveway.
"Tandem parking" "Tandem parking" (2) The ADU is located within
means that two or more means that two or more an architecturally and
automobiles are parked automobiles are parked historically significant historic
on a driveway or in any on a driveway or in any district.
other location on a lot, other location on a lot,
lined up behind one lined up behind one (3) The ADU is part of the
another another proposed or existing primary
residence or an accessory
New uncovered off- New uncovered off- structure.
street parking spaces street parking spaces
shall have a minimum shall have a minimum (4) When on-street parking
dimension of nine feet dimension of nine feet permits are required but not
in width by eighteen in width by eighteen offered to the occupant of the
(18) feet in depth* (18) feet in depth* ADU.
(5) When there is a car share
vehicle located within one
block of the ADU.
When a garage, 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
are not required be replaced.
D. JADUs.
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
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-
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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 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:
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 JADU.
E. Revocation.
The Community Development Director shall have the authority to revoke an 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. 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 ADUs.
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.
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
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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 August 25, 2020.
AYES:
NOES:
AB SENT:
ABSTAIN:
Sandra Armenta, Mayor
ATTEST:
Ericka Hernandez, City Clerk
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
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