CC - Item 4A - Public Hearing on Emergency Shelters - Municipal Code Amendment 21-03ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY Cn,OUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER, �'\ •
DATE: JANUARY 11, 2022 ww
SUBJECT: PUBLIC HEARING ON EMERGENCY SHELTERS - MUNICIPAL CODE
AMENDMENT 21-03
SUMMARY
Municipal Code Amendment 21-03 (MCA 21-03) is a City initiated amendment to Title 17
("Zoning") of the Rosemead Municipal Code intended to bring Section 17.30.120 up to
compliance with State legislation regarding objective standards for emergency shelters in the
City. The proposed amendment would update objective standards pertaining to capacity,
location, parking, and client restrictions for emergency shelters in accordance with the provisions
of Government Code Section 65583. MCA 21-03 is required as part of the City's 6th Cycle
Housing Element Update (2021-2029) efforts.
STAFF RECOMMENDATION
That the City Council:
1. Conduct a public hearing and receive public testimony; and
2. Introduce the first reading, by title only, Ordinance No. 1002 (Attachment "A"),
approving MCA 21-03.
ENVIRONMENTAL ANALYSIS
MCA 21-03 is not a project pursuant to California Environmental Quality Act (CEQA)
Guideline 15378, because the activity undertaken involves general text amendments that would
not cause either a direct physical change in the environment or a reasonably foreseeable indirect
physical change in the environment and does not meet the definition of a "Project" under CEQA.
The proposed Code Amendment is also exempt from CEQA under Section 15061(b)(3) of the
CEQA Guidelines because CEQA only applies to projects which have the potential for causing a
significant effect on the environment.
AGENDA ITEM 4.A
City Council Meeting
January 11, 2022
Page 2 of 3
DISCUSSION
On December 20, 2021, the Planning Commission held a duly noticed and advertised public
hearing to receive oral and written testimony relative to MCA 21-03. The Planning Commission
Staff Report, draft Planning Commission Meeting Minutes, and Planning Commission
Resolution 21-19 are included in this report as Attachments `13," "C," and "D," respectively.
As part of the Planning Commission discussion, staff addressed questions and provided
clarification on the lengthof stay for residents of the emergency shelters and the process for
establishing an emergency shelter within the City.
Following the close of the public hearing, the Planning Commission adopted Planning
Commission Resolution 21-19, recommending that the City Council adopt Ordinance No. 1002
to approve MCA 21-03, updating objective standards pertaining to capacity, location, parking,
and client restrictions for emergency shelters.
PUBLIC HEARING TESTIMONY
Although there were members of the public in attendance at the public hearing, no public
testimony was received.
FISCAL IMPACT — None
STRATEGIC PLAN IMPACT
The City of Rosemead 2030 Strategic Plan Framework, safety objective states that Rosemead
will enhance public safety in our city by providing safe access to public facilities, expanding
neighborhood safety programming, and improving quality of life, including assisting homeless
residents in our community. MCA 21-03 updates objective standards pertaining to capacity,
location, parking, and client restrictions for emergency shelters in accordance with the provisions
of Government Code Section 65583 and contributes to the implementation of the Strategic Plan
safety objective.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which includes a a
300 -foot radius public hearing notice to eight hundred fifty-one (851) property owners,
publication in the Rosemead Reader on December 30, 2021, and posting of the notices at the six
(6) public locations.
City Council Meeting
January 11, 2022
Page 3 of 3
Prepared by:
Annie Lao
Associate Planner
. Reviewed by;
4�4
Lily Valenzuela
Planning & Economic Development Manager
Submitted by:
loria Molleda
.City Manager
Attachment A: Ordinance No. 1002
Attachment B: Planning Commission Staff Report, dated December 20, 2021
Attachment C: Draft Planning Commission Meeting Minutes, dated December 20, 2021
Attachment D: Planning Commission Resolution No. 21-19
Attachment A
Ordinance No. 1002
EXHIBIT "A"
ORDINANCE NO. 1002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
FOR THE APPROVAL OF MCA 21-03, AMENDING ROSEMEAD
MUNICIPAL CODE SECTION 17.30.120 OF TITLE 17 (ZONING) TO
COMPLY WITH OBJECTIVE STANDARDS FOR EMERGENCY
SHELTERS.
WHEREAS, on October 13, 2007, Governor Arnold Schwarzenegger signed Senate Bill
2, which amended Government Code Section 65583 pertaining to local regulations for emergency
shelters; and
WHEREAS, on September 26, 2019, Governor Gavin Newsom signed Assembly Bill 139
which further amended Government Code Section 65583 pertaining to local regulations for
emergency shelters; and
WHEREAS, local ordinances shall be compliant with state provisions pertaining to
emergency shelters as a part of the City's 6th Cycle Housing Element Update (2021-2029) efforts
for a certified Housing Element from the Department of Housing and Community Development;
and
WHEREAS, the City of Rosemead's current Municipal Code conflicts with the
regulations specified in Government Code Section 65583; and
WHEREAS, amendments to Title 17 (Zoning), specifically RMC Section 17.30.120 are
necessary to update objective standards for the establishment of emergency shelters in
conformance with Government Code Sections 65583; and
WHEREAS, Section 17.152.060.B of the Rosemead Municipal Code provides the criterial
for a Zoning Code Amendment; and
WHEREAS, Section 17.152.050 of the Rosemead Municipal Code authorizes the City
Council to approve amendments to the City's Zoning Code;
WHEREAS, on December 20, 2021, the Planning Commission held a duly noticed public
hearing and recommended approval of Ordinance No. 1002 to the City Council;
WHEREAS, on December 30, 2021, eight -hundred and fifty-one (851) notices were sent
to property owners within a 300 -feet radius from the subject properties, published in the Rosemead
Reader, and posted in six public locations, specifying the availability of the proposal, and the date,
time, and location of the public hearing for MCA 21-03; and
WHEREAS, on January 11, 2021, the City Council held a duly noticed and advertised
public hearing to receive oral and written testimony relative to Municipal Code Amendment 21-
03; and
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following determination.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Ordinance No.. 1002, in accordance with Section 17.152.060 of
the Rosemead Municipal Code ("RMC") as follows:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan;
FINDING: The proposed amendment is consistent with the General Plan as the purpose
of the proposed ordinance is to comply with the amended provisions of Government Code section
65583 and would update objective standards in Section 17.30.120 pertaining to capacity, location,
parking, and client restrictions for emergency shelters. In addition, as part of the City's 6th Cycle
Housing Element Update (2021-2029), the State Department of Housing and Community
Development requires local ordinances be compliant with State provisions pertaining to
emergency shelters. The proposed amendment would not affect any applicable specific plan within
the City.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience or welfare of the City; and
FINDING: The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City, as emergency shelters are currently permitted in the
Zoning Code. The State legislature has identified that homelessness in California is a continuing
crisis that demands the effective involvement of both the public and private sectors. California has
the highest population of people experiencing homelessness in the nation. In order for the State to
address its homelessness crisis, there is a need for heightened and coordinated planning and action
toward the provision of emergency shelters and transitional housing strategies. The adoption of
SB 2 and AB 139 into State Housing law limits the City's ability to regulate emergency shelters
by reducing regulatory barriers and streamlining the approval process for emergency shelters. To
comply with State law, the proposed revisions would bring Section 17.30.120 of the Rosemead
Municipal Code into full compliance with State law.
C. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
FINDING: MCA 21-03 is intended to bring Rosemead Municipal Code Section 17.30.120
of Title 17 (Zoning) up to compliance with State legislation regarding objective standards
pertaining to capacity, location, parking, and client restrictions for emergency shelters in
2
accordance with the provisions of Government Code Sections 65583 and does not affect other
applicable provisions of the Zoning Code.
SECTION 2. Code Amendment. RMC Section 17.30.120 Emergency shelters and
temporary aid centers is hereby amended, as follows:
A. Applicability. The requirements of this section apply to all emergency shelters and temporary
aid shelters as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in
compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific
Standards). Upon providing documentation sufficient to allow the Community Development
Director to determine that the following operational standards will be met, an emergency
shelter or temporary aid center may begin operation.
B. Emergency Shelters.
1. Location.
a -.--An emergency shelter may be on any parcel in M-1 (Light Manufacturing and Industrial)
by -right., exsept that no emeFgeRey shelter develePrze.=.too=lnoe permitted.,.. a::; ..,t t..w.
abuts the R 1 (Single Family Residential) zene.
v-- The shelter shall bc-cwcccca-vrrm-iirone y:...... ..... PA i .......... ........, step.
2. Capacity. Emergency shelters may provide a maximum of l0sevefi beds per
establishment.
Maximum Length of Stay. The maximum length of stay of any person shall be six
months.
4. Intake/Waiting Areas. On-site intake areas shall be enclosed or screened from the public
right-of-way and adjacent properties. Queuing within the public right-of-way or any
parking area is not permitted.
5. Lighting. Lighting shall be stationary, directed away from adjacent properties and public
rights-of-way, and of an intensity that is consistent with existing lighting in the
neighborhood.
6. Noise. For the purposes of noise abatement, organized outdoor activities and intake of
residents in non -enclosed areas may only be conducted between the hours of seven a.m.
and ten p.m.
7. On -Site Management. The shelter shall have full-time on-site management. Emergency
shelter providers must submit a written management plan prior to beginning operation,
including provisions for staff training, and counseling, treatment, and training programs
for residents. The management plan shall be subject to approval by the Community
Development Director.
8. Parking. Emergency shelters that do- not ^eept walk in ellients must provide one parking
space per staff member for-eients and suWieient parking to meet the „ee ds of the
accommodate the staff working in the emergency shelter heiteF's en site ,...,nage ffle fit
Shelters that aeeept II in I' .its must provide tw par-par-kspaees for- I' t ,d
ffl t Y..1.nb t eet the needs ,file she!ter's :t, management—.Nonoperational
3
and unregistered vehicles shall not be kept on site. Towing shall be the responsibility of
the shelter operator.
9.G-2.14-antRestriGtions. Emergeney shelterpr-avider-s must ser-et-an ciLTsta, Sery ieR
r-egistefed sex offenders as pai4 of their- elient intake pFeeess.
94-0. Security. Emergency shelter providers must submit a written security plan prior to
beginning operation that includes the hours of operation, intake/discharge procedures,
screening of clients prior to admission to the shelter, and provisions for on-site security
guards, if any. A site plan shall also be provided which clearly indicates parking areas,
lighting, and the location of on-site walk-in and client intake areas. The security plan
shall be subject to approval by the Chief of Police.
1044. Separation from Other Shelters. No emergency shelter shall be located within a
radius of three hundred (300) feet from the nearest shelter, as measured from property
line to property line. This requirement does not apply to Temporary Aid Centers.
114-2. Storage. For emergency shelters that accept walk-in clients, an enclosed area must
be provided for residents to store their belongings, such as bicycles, shopping carts, and
other possessions.
C. Temporary Aid Centers.
1. Intake/Waiting Areas. On-site intake areas shall be enclosed or screened from the public
right-of-way and adjacent properties. Queuing within the public right-of-way or any
parking area is not permitted.
2. Lighting. Lighting shall be stationary, directed away from adjacent properties and public
rights-of-way, and of an intensity that is consistent with existing lighting in the
neighborhood.
3. Noise. For the purposes of noise abatement, organized outdoor activities and intake of
residents in non -enclosed areas may only be conducted between the hours of seven a.m.
and ten p.m.
4. On -Site Management. Temporary aid centers must submit a written management plan
prior to beginning operation, including provisions for staff training and counseling,
training, treatment and programs for clients. The management plan shall be subject to
approval by the Community Development Director.
5. Security. Temporary aid centers must submit a written security plan prior to beginning
operation including, as applicable, the hours of operation, intake/discharge procedures,
screening of clients prior to admission to the temporary aid center, and provisions for
on-site security guards, if any. A site plan shall also be provided which clearly indicates
parking areas, lighting, and the location of on-site walk-in and client intake areas. The
security plan shall be subject to approval by the Chief of Police.
6. [No Overnight Stays Provided.] Temporary aid centers will not provide facilities for
overnight stays.
SECTION 7. Environmental Review. MCA 21-03 is not a project pursuant to California
Environmental Quality Act (CEQA) Guideline 15378, because the activity undertaken involves
general text amendments that would not cause either a direct physical change in the environment
C!
or a reasonably foreseeable indirect physical change in the environment and does not meet the
definition of a "Project" under CEQA. The proposed Code Amendment is also exempt from CEQA
under Section 15061(b)(3) of the CEQA Guidelines because CEQA only applies to projects which
have the potential for causing a significant effect on the environment.
SECTION 8. Construction. This Ordinance must be broadly constructed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that facilitates
the purposes set forth in this Ordinance.
SECTION 9. Enforceability. Repeal of any provision of the RMC does not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties
for any violation occurring before this Ordinance's effective date. Any such repealed part will
remain in full force and effect for sustaining action or prosecuting violations occurring before the
effective date of this Ordinance.
SECTION 10. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 11. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 12. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in
the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption
of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the
Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty
(30) days after the date of its adoption.
PASSED, APPROVED, AND ADOPTED this to day of , 2022.
ATTEST:
Ericka Hernandez, City Clerk
Polly Low, Mayor
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby attest to the above signature and certify that Ordinance No. 1002 was first
introduced at the regular meeting of , 2022 by first reading. Said Ordinance was approved
and adopted by the City Council of the City of Rosemead at a regular meeting held on the th
day of 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
D
Ericka Hernandez, City Clerk
Attachment B
Planning Commission Staff Report
Dated December 20, 2021
ROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: DECEMBER 20, 2021
SUBJECT: MUNICIPAL CODE AMENDMENT 21-03
SUMMARY
Municipal Code Amendment 21-03 (MCA 21-03) is a City initiated amendment to Title 17
("Zoning") of the Rosemead Municipal Code by bringing Section 17.30.120 up to
compliance with State legislation regarding objective standards for emergency shelters in
the City. The proposed amendment would update objective standards pertaining to
capacity, location, parking, and client restrictions for emergency shelters in accordance
with the provisions of Government Code Section 65583. MCA 21-03 is required as part
of the City's 6th Cycle Housing Element Update (2021-2029) efforts.
ENVIRONMENTAL DETERMINATION
MCA 21-03 is not a project pursuant to California Environmental Quality Act (CEQA)
Guideline 15378, because the activity undertaken involves general text amendments that
would not cause either a direct physical change in the environment or a reasonably
foreseeable indirect physical change in the environment and does not meet the definition
of a "Project" under CEQA. The proposed Code Amendment is also exempt from CEQA
under Section 15061(b)(3) of the CEQA Guidelines because CEQA only applies to
projects which have the potential for causing a significant effect on the environment.
STAFF RECOMMENDATION
That the Planning Commission:
1. Conduct a public hearing and receive public testimony; and
2. Adopt Planning Commission Resolution No. 21-19 with findings (Exhibit "A"), a
resolution recommending that the City Council adopt Ordinance No. 1002 (Exhibit
"B") for the approval of MCA 21-03.
Planning Commission Meeting
December 20, 2021
Page 2 of 9
DISCUSSION
The State legislature has identified that homelessness in California is a continuing crisis
that demands the effective involvement of both the public and private sectors. California
has the highest population of people experiencing homelessness in the nation. In order
for the State to address its homelessness crisis, there is a need for heightened and
coordinated planning and action toward the provision of emergency shelters and
transitional housing strategies.
In October 2007, Senate Bill 2 (SB 2) amended the requirements for local government
regulations regarding emergency shelters. The California Health and Safety Code defines
an emergency shelter as "housing with minimal supportive services for homeless persons
that is limited to occupancy of six months or less by a homeless person." SB 2 amended
State housing lawto require that local jurisdictions identify at least one zoning district within
which emergency shelters are allowed as a permitted use without a Conditional Use Permit
(CUP) or other discretionary review.
In October 2013, the City adopted State mandated regulations related to emergency
shelters as part of the Comprehensive Zoning Code Update which permitted emergency
shelters by -right within the Light Manufacturing and Industrial (M-1) zone, subject to
objective development and operational standards.
In September 2019, Assembly Bill 139 (AB 139) amended the parking and capacity
requirements for emergency shelters. AB 139 required that the parking standards for
emergency shelters be based on staffing level and not the number of beds provided and
required the need for emergency shelters to be assessed based on the capacity
necessary to accommodate the most recent homeless point -in -time count. The adoption
of SB 2 and AB 139 into State Housing law limits the City's ability to regulate emergency
shelters by reducing regulatory barriers and streamlining the approval process for
emergency shelters. As part of the City's 6th Cycle Housing Element Update (2021-2029),
the State Department of Housing and Community Development requires local ordinances
be compliant with State provisions pertaining to emergency shelters.
Proposed Municipal Code Amendments
The proposed revisions listed below would bring Rosemead Municipal Code Section
17.30.120 into full compliance with State law:
• Capacity: The City's current code permits emergency shelters to provide a
maximum of seven beds per establishment. State law requires the capacity to
accommodate the most recent homeless point -in -time count. The Los Angeles
Homeless Services Authority (LAHSA) Greater Los Angeles Homeless Point in
Time (PIT) Count in 2020, identified 79 unsheltered persons in the City.
Planning Commission Meeting
December 20, 2021
Page 3 of 9
The only objective standard pertaining to location that State law permits local
governments to apply is the proximity of emergency shelters to be no more than
300 feet apart from each other. In order to determine the maximum number of
potential emergency shelters that can be supported in the City, staff created a map
depicting 300 -foot buffers in the Light Manufacturing and Industrial (M-1) zone.
Based on the 300 -foot Buffer Map, which is attached as Exhibit "C", the City can
accommodate a total of 11 potential emergency shelters. The City's current
capacity would only accommodate 77 unsheltered persons (seven beds x 11
potential sites).
To comply with State law, the code amendment will amend the maximum number
of beds to 10. By increasing the maximum number of beds to 10, the City can
potentially accommodate a total of 110 unsheltered persons (10 beds x 11
potential sites).
Location: The City's current code places limitations on locations of emergency
shelters that abut the Single -Family Residential (R-1) zone and requires
emergency shelters to be located within one-quarter mile of a bus stop. To comply
with State laws, the code amendment will remove the aforementioned restrictions
on location for emergency shelters. The only objective standard pertaining to
location that State law permits local governments to apply is the proximity of
emergency shelters to be no more than 300 feet apart from each other.
Parking: The City's current code requires that emergency shelters that do not
accept walk-in clients must provide one parking space for clients and sufficient
parking to meet the needs of the shelter's on-site management. Shelters that
accept walk-in clients must provide two parking spaces for clients and sufficient
parking to meet the needs of the shelter's on-site management. State law requires
that the parking standards for emergency shelters be based on staffing level and
not the number of beds provided. To comply with State law, the code amendment
will no longer impose parking requirements for clients, and only require one off-
street parking space per staff member.
• Client restrictions: The City's current code requires emergency shelter providers
to screen for and refuse service to registered sex offenders as part of their client
intake process. Client restrictions is not an objective standard that State law
permits local governments to impose. To comply with State law, the code
amendment will remove client restrictions for emergency shelter providers.
Planning Commission Meeting
December 20, 2021
Page 4 of 9
MUNICIPAL CODE REQUIREMENTS
Per Rosemead Municipal Code Section 17.152.060, amendments to [the] Zoning Code
may be approved only if all the following findings are first made:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan;
The proposed amendment is consistent with the General Plan as the purpose of
the proposed ordinance is to comply with the amended provisions of Government
Code section 65583 and would update objective standards in Section 17.30.120
pertaining to capacity, location, parking, and client restrictions for emergency
shelters. In addition, as part of the City's 6th Cycle Housing Element Update (2021-
2029), the State Department of Housing and Community Development requires
local ordinances be compliant with State provisions pertaining to emergency
shelters. The proposed amendment would not affect any applicable specific plan
within the City.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City; and
The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City, as emergency shelters are currently
permitted in the Zoning Code. The State legislature has identified that
homelessness i,n California is a continuing crisis that demands the effective
involvement of both the public and private sectors. California has the highest
population of people experiencing homelessness in the nation. In order for the
State to address its homelessness crisis, there is a need for heightened and
coordinated planning and action toward the provision of emergency shelters and
transitional housing strategies. The adoption of SB 2 and AB 139 into State
Housing law limits the City's ability to regulate emergency shelters by reducing
regulatory barriers and streamlining the approval process for emergency shelters.
To comply with State law, the proposed revisions would bring Section 17.30.120
of the Rosemead Municipal Code into full compliance with State law.
C. The proposed amendment is internally consistent with other applicable provisions
of [the] Zoning Code.
MCA 21-03 is intended to bring Rosemead Municipal Code Section 17.30.120 of
Title 17 (Zoning) up to compliance with State legislation regarding objective
standards pertaining to capacity, location, parking, and client restrictions for
emergency shelters in accordance with the provisions of Government Code
Sections 65583 and does not affect other applicable provisions of the Zoning
Code.
Planning Commission Meeting
December 20, 2021
Page 5 of 9
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300 -foot radius public hearing notice to eight hundred and fifty-one (851)
property owners, publication in the Rosemead Reader on December 9, 2021, and
postings of the notice at the six (6) public locations and on the subject site.
Prepared by:
Cf�
Annie Lao
Associate Planner
Reviewed by:
a,
Lily V lenzuela
Planning & Economic Development Manager
Submitted by:
GIa o eIT da
City Manager
EXHIBITS:
A. Planning Commission Resolution No. 21-19
B. Draft Ordinance No. 1002
C. 300 -Foot Buffer Map for M-1 Zone
Planning Commission Meeting
December 20, 2021
Page 6 of 9
EXHIBIT "A"
PC RESOLUTION 21-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO.
1002 FOR THE APPROVAL OF MUNICIPAL CODE AMENDMENT 21-03
(MCA 21-03), AMENDING ROSEMEAD MUNICIPAL CODE SECTION
17.30.120 OF TITLE 17 (ZONING) TO COMPLY WITH OBJECTIVE
STANDARDS FOR EMERGENCY SHELTERS.
WHEREAS, on October 13, 2007, Governor Arnold Schwarzenegger signed
Senate Bill 2, which amended Government Code Section 65583 pertaining to local
regulations for emergency shelters; and
WHEREAS, on September 26, 2019, Governor Gavin Newsom signed Assembly
Bill 139 which further amended Government Code Section 65583 pertaining to local
regulations for emergency shelters; and
WHEREAS, local ordinances shall be compliant with state provisions pertaining to
emergency shelters as a part of the City's 6th Cycle Housing Element Update (2021-
2029) efforts for a certified Housing Element from the Department of Housing and
Community Development; and
WHEREAS, the City of Rosemead's current Municipal Code conflicts with the
regulations specified in Government Code Section 65583; and
WHEREAS, amendments to Title 17 (Zoning), specifically RMC Section 17.30.120
is necessary to update objective standards for the establishment of emergency shelters
in conformance with Government Code Sections 65583; and
WHEREAS, Section 17.152.060.13 of the Rosemead Municipal Code provides the
criteria for a Zoning Code Amendment; and
WHEREAS, Sections 65854 and 65855 of the California Government Code and
Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning
Commission to review and make recommendations to the City Council regarding
amendments to the City's Zoning Code; and
WHEREAS, on December 9, 2021, eight -hundred and fifty-one (851) notices were
sent to property owners within a 300 -feet radius from the subject properties, published in
the Rosemead Reader, and posted in six public locations, specifying the availability of the
proposal, and the date, time, and location of the public hearing for MCA 21-03; and
Planning Commission Meeting
December 20, 2021
Page 7 of 9
WHEREAS, on December 20, 2021, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to MCA 21-
03; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. MCA 21-03 is not a project pursuant to California Environmental
Quality Act (CEQA) Guideline 15378, because the activity undertaken involves general
text amendments that would not cause either a direct physical change in the environment
or a reasonably foreseeable indirect physical change in the environment and does not
meet the definition of a "Project" under CEQA. The proposed Code Amendment is also
exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA
only applies to projects which have the potential for causing a significant effect on the
environment.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Municipal Code Amendment 21-03, in accordance with
Section 17.152.060 of the Rosemead Municipal Code as follows:
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan;
FINDING: The proposed amendment is consistent with the General Plan as the
purpose of the proposed ordinance is to comply with the amended provisions of
Government Code section 65583 and would update objective standards in Section
17.30.120 pertaining to capacity, location, parking, and client restrictions for emergency
shelters. In addition, as part of the City's 6th Cycle Housing Element Update (2021-2029),
the State Department of Housing and Community Development requires local ordinances
be compliant with State provisions pertaining to emergency shelters. The proposed
amendment would not affect any applicable specific plan within the City.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City; and
FINDING: The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City, as emergency shelters are currently
permitted in the Zoning Code. The State legislature has identified that homelessness in
California is a continuing crisis that demands the effective involvement of both the public
and private sectors. California has the highest population of people experiencing
homelessness in the nation. In order for the State to address its homelessness crisis,
there is a need for heightened and coordinated planning and action toward the provision
Planning Commission Meeting
December 20, 2021
Page 8 of 9
of emergency shelters and transitional housing strategies. The adoption of SB 2 and AB
139 into State Housing law limits the City's ability to regulate emergency shelters by
reducing regulatory barriers and streamlining the approval process for emergency
shelters. To comply with State law, the proposed revisions would bring Section 17.30.120
of the Rosemead Municipal Code into full compliance with State law.
C. The proposed amendment is internally consistent with other applicable
provisions of [the] Zoning Code.
FINDING: MCA 21-03 is intended to bring Rosemead Municipal Code Section
17.30.120 of Title 17 (Zoning) up to compliance with State legislation regarding objective
standards pertaining to capacity, location, parking, and client restrictions for emergency
shelters in accordance with the provisions of Government Code Sections 65583 and does
not affect other applicable provisions of the Zoning Code.
SECTION 3. The Planning Commission HEREBY RECOMMENDS City Council
adoption of Ordinance No. 1002 for the approval of MCA 21-03, an amendment to
Rosemead Municipal Code Section 17.30.120 of Title 17 (Zoning) to comply with the
State provisions for emergency shelters.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on December 20, 2021, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECTION 5. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 20th day of December, 2021,
James Berry, Chair
Planning Commission Meeting
December 20, 2021
Page 9 of 9
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 20th day of
December, 2021, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Gloria Molleda, Secretary
APPROVED AS TO FORM:
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
EXHIBIT "B"
DRAFT ORDINANCE NO. 1002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
FOR THE APPROVAL OF MCA 21-03, AMENDING ROSEMEAD
MUNICIPAL CODE SECTION 17.30.120 OF TITLE 17 (ZONING) TO
COMPLY WITH OBJECTIVE STANDARDS FOR EMERGENCY
SHELTERS.
WHEREAS, on October 13, 2007, Governor Arnold Schwarzenegger signed Senate Bill
2, which amended Government Code Section 65583 pertaining to local regulations for emergency
shelters; and
WHEREAS, on September 26, 2019, Governor Gavin Newsom signed Assembly Bill 139
which further amended Government Code Section 65583 pertaining to local regulations for
emergency shelters; and
WHEREAS, local ordinances shall be compliant with state provisions pertaining to
emergency shelters as a part of the City's 6th Cycle Housing Element Update (2021-2029) efforts
for a certified Housing Element from the Department of Housing and Community Development;
and
WHEREAS, the City of Rosemead's current Municipal Code conflicts with the
regulations specified in Government Code Section 65583; and
WHEREAS, amendments to Title 17 (Zoning), specifically RMC Section 17.30.120 are
necessary to update objective standards for the establishment of emergency shelters in,
conformance with Government Code Sections 65583; and
WHEREAS, Section 17.152.060.B of the Rosemead Municipal Code provides the criterial
for a Zoning Code Amendment; and
WHEREAS, Section 17.152.050 of the Rosemead Municipal Code authorizes the City
Council to approve amendments to the City's Zoning Code;
WHEREAS, on December 20, 2021, the Planning Commission held a duly noticed public
hearing and recommended approval of Ordinance No. 1002 to the City Council;
WHEREAS, on December 30, 2021, eight -hundred and fifty-one (851) notices were sent
to property owners within a 300 -feet radius from the subject properties, published in the Rosemead
Reader, and posted in six public locations, specifying the availability of the proposal, and the date,
time, and location of the public hearing for MCA 21-03; and
WHEREAS, on January 11, 2021, the City Council held a duly noticed and advertised
public hearing to receive oral and written testimony relative to Municipal Code Amendment 21-
03; and
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following determination.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Ordinance No. 1002, in accordance with Section 17.152.060 of
the Rosemead Municipal Code ("RMC") as follows:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan;
FINDING: The proposed amendment is consistent with the General Plan as the purpose
of the proposed ordinance is to comply with the amended provisions of Government Code section
65583 and would update objective standards in Section 17.30.120 pertaining to capacity, location,
parking, and client restrictions for emergency shelters. In addition, as part of the City's 6th Cycle
Housing Element Update (2021-2029), the State Department of Housing and Community
Development requires local ordinances be compliant with State provisions pertaining to
emergency shelters. The proposed amendment would not affect any applicable specific plan within
the City.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience or welfare of the City; and
FINDING: The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City, as emergency shelters are currently permitted in the
Zoning Code. The State legislature has identified that homelessness in California is a continuing
crisis that demands the effective involvement of both the public and private sectors. California has
the highest population of people experiencing homelessness in the nation. In order for the State to
address its homelessness crisis, there is a need for heightened and coordinated planning and action
toward the provision of emergency shelters and transitional housing strategies. The adoption of
SB 2 and AB 139 into State Housing law limits the City's ability to regulate emergency shelters
by reducing regulatory barriers and streamlining the approval process for emergency shelters. To
comply with State law, the proposed revisions would bring Section 17.30.120 of the Rosemead
Municipal Code into full compliance with State law.
C. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
FINDING: MCA 21-03 is intended to bring Rosemead Municipal Code Section 17.30.120
of Title 17 (Zoning) up to compliance with State legislation regarding objective standards
pertaining to capacity, location, parking, and client restrictions for emergency shelters in
accordance with the provisions of Government Code Sections 65583 and does not affect other
applicable provisions of the Zoning Code.
SECTION 2. Code Amendment. RMC § 17.30.120 Emergency shelters and temporary
aid centers is hereby amended, as follows:
A. Applicability. The requirements of this section apply to all emergency shelters and temporary
aid shelters as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in
compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific
Standards). Upon providing documentation sufficient to allow the Community Development
Director to determine that the following operational standards will be met, an emergency
shelter or temporary aid center may begin operation.
B. Emergency Shelters.
1. Location.
a --An emergency shelter may be on any parcel in M-1 (Light Manufacturing and Industrial)
b_ ry ight•,emer-geney shelter- develepmentwill be permitted en an), !at that
abuts the D 1 (Single Family e. ily Desi dentiel)
'
h The shelter shall he leeete,d within , ai4er mile e f a bus step
2. Capacity. Emergency shelters may provide a maximum of 10seven beds per
establishment.
3. Maximum Length of Stay. The maximum length of stay of any person shall be six
months.
4. Intake/Waiting Areas. On-site intake areas shall be enclosed or screened from the public
right-of-way and adjacent properties. Queuing within the public right-of-way or any
parking area is not permitted.
5. Lighting. Lighting shall be stationary, directed away from adjacent properties and public
rights-of-way, and of an intensity that is consistent with existing lighting in the
neighborhood.
6. Noise. For the purposes of noise abatement, organized outdoor activities and intake of
residents in non -enclosed areas may only be conducted between the hours of seven a.m.
and ten p.m.
7. On -Site Management. The shelter shall have full-time on-site management. Emergency
shelter providers must submit a written management plan prior to beginning operation,
including provisions for staff training, and counseling, treatment, and training programs
for residents. The management plan shall be subject to approval by the Community
Development Director.
8. Parking. Emergency shelters tha4 ,d„ nat eeeept walk :n e1:e,..tLmust provide one parking
space per staff member f ,d . event, iiu ffie:ent p -1.:.... to meet the eds of the
accommodate the staff working in the emergency sheltershelte.'s on site ,,,.,nages,.
SheheFs that a .tet ,ell. in alien+ -must p :.de twe
1,u
rp nt 1. b„Qe
. t et the needs d the shelter's ' site e+A Nonoperational
Ye
and unregistered vehicles shall not be kept on site. Towing shall be the responsibility of
the shelter operator.
94-0. Security. Emergency shelter providers must submit a written security plan prior to
beginning operation that includes the hours of operation, intake/discharge procedures,
screening of clients prior to admission to the shelter, and provisions for on-site security
guards, if any. A site plan shall also be provided which clearly indicates parking areas,
lighting, and the location of on-site walk-in and client intake areas. The security plan
shall be subject to approval by the Chief of Police.
1044. Separation from Other Shelters. No emergency shelter shall be located within a
radius of three hundred (300) feet from the nearest shelter, as measured from property
line to property line. This requirement does not apply to Temporary Aid Centers.
114. Storage. For emergency shelters that accept walk-in clients, an enclosed area must
be provided for residents to store their belongings, such as bicycles, shopping carts, and
other possessions.
C. Temporary Aid Centers.
1. Intake/Waiting Areas. On-site intake areas shall be enclosed or screened from the public
right-of-way and adjacent properties. Queuing within the public right-of-way or any
parking area is not permitted.
2. Lighting. Lighting shall be stationary, directed away from adjacent properties and public
rights-of-way, and of an intensity that is consistent with existing lighting in the
neighborhood.
3. Noise. For the purposes of noise abatement, organized outdoor activities and intake of
residents in non -enclosed areas may only be conducted between the hours of seven a.m.
and ten p.m.
4. On -Site Management. Temporary aid centers must submit a written management plan
prior to beginning operation, including provisions for staff training and counseling,
training, treatment and programs for clients. The management plan shall be subject to
approval by the Community Development Director.
5. Security. Temporary aid centers must submit a written security plan prior to beginning
operation including, as applicable, the hours of operation, intake/discharge procedures,
screening of clients prior to admission to the temporary aid center, and provisions for
on-site security guards, if any. A site plan shall also be provided which clearly indicates
parking areas, lighting, and the location of on-site walk-in and client intake areas. The
security plan shall be subject to approval by the Chief of Police.
6. [No Overnight Stays Provided.] Temporary aid centers will not provide facilities for
overnight stays.
SECTION 7. Environmental Review. MCA 21-03 is not a project pursuant to California
Environmental Quality Act (CEQA) Guideline 15378, because the activity undertaken involves
general text amendments that would not cause either a direct physical change in the environment
4
or a reasonably foreseeable indirect physical change in the environment and does not meet the
definition of a "Project" under CEQA. The proposed Code Amendment is also exempt from CEQA
under Section 15061(b)(3) of the CEQA Guidelines because CEQA only applies to projects which
have the potential for causing a significant effect on the environment.
SECTION 8. Construction. This Ordinance must be broadly constructed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that facilitates
the purposes set forth in this Ordinance.
SECTION 9. Enforceability. Repeal of any provision of the RMC does not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties
for any violation occurring before this Ordinance's effective date. Any such repealed part will
remain in full force and effect for sustaining action or prosecuting violations occurring before the
effective date of this Ordinance.
SECTION 10. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 11. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 12. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in
the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption
of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the
Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty
(30) days after the date of its adoption.
PASSED, APPROVED, AND ADOPTED this th day of , 2022.
ATTEST:
Ericka Hernandez, City Clerk
Polly Low, Mayor
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby attest to the above signature and certify that Ordinance No. 1002 was first
introduced at the regular meeting of , 2022 by first reading. Said Ordinance was approved
and adopted by the City Council of the City of Rosemead at a regular meeting held on the to
day of 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
roil
Ericka Hernandez, City Clerk
Attachment C
Draft Minutes of Planning Commission Meeting
Dated December 20, 2021
MAYOR:
POLLY LOW
MAYOR PRO TEM:
SEAN DANG
COUNCIL MEMBERS:
SANDRA ARMENTA
MARGARET CLARK
JOHN TANG
C a
ity of ftsemad
8838 E. VALLEY BOULEVARD
ROSEMEAD, CALIFORNIA 91770
TELEPHONE (626) 569-2100
FAX (626) 307-9218
SUMMARY EXCERPT
CITY OF ROSEMEAD
REGULAR PLANNING COMMISSION DRAFT MEETING MINUTES
December 20, 2021
The following is a draft summary excerpt from the Planning Commission Meeting held on
December 20, 2021, at 7:00 p.m. in the Rosemead City Hall Council Chamber located at 8838
East Valley Boulevard, Rosemead, California.
Present: Chair Berry, Vice -Chair Leung, Commissioners Lopez, and Ung
Absent: None
Staff Present: City Manager Molleda, City Attorney Thuyen, Planning & Economic Development
Manager Valenzuela, Associate Planner Lao, and Commission Liaison Huang
3. PUBLIC HEARINGS
A. MUNICIPAL CODE AMENDMENT (MCA) 21-03 — Municipal Code Amendment 21-03
(MCA 21-03) is a City initiated amendment to Title 17 ("Zoning") of the Rosemead
Municipal Code by bringing Section 17.30.120 up to compliance with State legislation
regarding objective standards for emergency shelters in the City. The proposed amendment
would update objective standards pertaining to capacity, location, parking, and client
restrictions for emergency shelters in accordance with the provisions of Government Code
Section 65583. MCA 21-03 is required as part of the City's 6th Cycle Housing Element
Update (2021-2029) efforts.
PC RESOLUTION 21-19 - A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1002 FOR
THE APPROVAL OF MUNICIPAL CODE AMENDMENT 21-03 (MCA 21-03),
AMENDING ROSEMEAD MUNICIPAL CODE SECTION 17.30.120 OF TITLE 17
(ZONING) TO COMPLY WITH, OBJECTIVE STANDARDS FOR EMERGENCY
SHELTERS.
STAFF RECOMMENDATION - It is recommended that the Planning Commission:
1. Conduct a public hearing and receive public testimony; and
2. Adopt Planning Commission Resolution 21-19, with findings, a resolution
recommending that the City Council adopt Ordinance No. 1002 for the approval of MCA
21-03.
Associate Planner Lao presented the staff report.
Chair Berry opened the Public Hearing.
Commissioner Ung noted that she was aware of the six-month period where people can stay at
shelters and inquired about what occurs after the six-month period. She also inquired what the
City would do and questioned if there are any limitations to the duration of the stay.
Associate Planner Lao responded that the shelters are operated by private entities and are
regulated by the State. She added they would decide how to help the individual after the six-
month period.
Seeing no additional questions, Chair Berry open the public testimony portion of the public
hearing. He asked the audience if there was anyone who would like to speak on this matter.
Seeing none, Chair Berry inquired if we received any written comments and if there are anyone
online who would like to speak.
Commissioner Liaison Huang responded that no written comment was received for this item, and
there were no callers on the line who wished to speak.
There being no public comment, Chair Berry closed the public comment period.
Commissioner Lopez questioned who would pick the homes/housing for this project.
Associate Planner Lao answered it would be the property owners of the M-1 properties. If a
property owner wishes to construct an emergency shelter, they would put efforts in with a
nonprofit or someone who specializes in these types of developments.
Commissioner Lopez questioned if this would be private organizations putting in these shelters
together.
City Attorney Thuyen stated that is correct and expressed that we are amending the code to
address zoning standards where it could be and does not mean anyone can open an emergency
shelter. He expressed that these are the City's rules in terms of location and regulations.
Commissioner Lopez inquired how one goes about and asked if an applicant would go to the
City and request for permits to establish a shelter. He questioned if this amendment is to allow
such use.
Associate Planner Lao clarified that the City already allows it and expressed that the City is
updating the regulations.
2
Seeing no additional questions from the Commission, Chair Berry requested for motion and a
second.
City Attorney Thuyen clarified that the move to approve is to approve the recommendation.
ACTION: Commissioner Lopez made a motion, seconded by Chair Berry, to Adopt Planning
Commission Resolution No. 21-19 with findings, a resolution recommending that the City
Council adopt Ordinance No. 1002 for the approval of MCA 21-03.
Vote resulted in:
Ayes: Berry, Leung, Lopez, and Ung
Noes: None
Abstain: None
Absent: None
Roll call vote resulted in 4 Ayes and 0 Noes.
B. GENERAL PLAN AMENDMENT (GPA) 20-01 — State housing law requires local
governments to adequately facilitate the improvement and development of housing to meet
the existing and projected housing needs of all economic segments of the community. As the
official housing policy document of the City of Rosemead (City) — one of the mandatory
elements of the General Plan — the City of Rosemead 2021-2029 Housing Element (Housing
Element) analyzes existing housing conditions, describes existing and future housing needs,
and identifies opportunities for improving and expanding the City's housing supply.
In addition to the Housing Element update, the City is required by State law to prepare a
focused update to its Public Safety Element. Recent State legislation also requires that the
City address the addition of Environmental Justice (EJ) policies when two or more elements
of the General Plan are updated. New EJ policies have been incorporated within the Public
Safety Element update.
PC RESOLUTION 21-20 - A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT
20-01, ADOPT THE CITY OF ROSEMEAD 2021-2029 HOUSING ELEMENT, PUBLIC
SAFETY ELEMENT UPDATE WITH ENVIRONMENTAL JUSTICE POLICIES, AND
ADDENDUM TO THE ROSEMEAD GENERAL PLAN UPDATE FINAL
ENVIRONMENTAL IMPACT REPORT AND RECOMMEND THAT THE CITY
COUNCIL SUBMIT THE 2021-2029 HOUSING ELEMENT TO THE STATE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR STATE
CERTIFICATION.
STAFF RECOMMENDATION - It is recommended that the Planning Commission:
1. Conduct a public hearing and receive public testimony; and
2. Adopt Planning Commission Resolution 21-20, a resolution recommending the City
Council adopt Resolution 2021-66 for the approval of General Plan Amendment 20-01.
Planning & Economic Development Manager Valenzuela introduced the item and turned the
presentation to Diane Bathgate, Principal at RRM Design Group to discuss the project efforts.
Ms. Bathgate provided a presentation titled "Rosemead — 2021-2029 Housing Element & Public
Safety Element Update".
Chair Berry opened the Public Hearing.
Commissioner Ung questioned if there were any additional information on increasing some of
the City's amenities due to the increase in housing such as additional parks or additional code
requirements for mixed-use developments, such as landscaping.
Ms. Bathgate expressed that it is scalable of the current park fees and requirements would apply
to residential development as it is submitted. She added, some of the mixed-use overlays have
incentives for providing amenities for development as it comes in, such as gaining additional
development intensity, or provision of additional amenities. She also added, this is the kind of
scalable with development business specific recommendation for industrial parks. She then said
there are some recommendations in the Affirmatively Furthering Fair Housing and the
Environmental Justice sections about looking at policy documents that are developed and making
sure that there's a provable distribution of parks and amenities. She also said Senate Bill 35
Objective Design Standards Program includes the requirement for public amenities, so some of
the zoning municipal code updates that are in the programs should include the requirement for
even more amenities and those will come before the Planning Commission for review and
approval before it gets codified.
Chair Berry and Vice -Chair Leung thanked staff and the consultant for their hard work.
Seeing no additional questions, Chair Berry open the public testimony portion of the public
hearing. He asked the audience if there was anyone who would like to speak on this matter.
City Attorney Thuyen reminded the public that public comments period is for those who would
like to offer their thoughts, and the Commission may ask staff to answer the question.
Public Comment:
Mike Kenny, resident and a teacher in Rosemead, addressed his interest in affordable housing
and inquired if the Housing Element would define what affordable housing is. He added that
there is a hemorrhaging number of families which reflex in the declining enrollments in our
schools and has a major effect in our program. He questioned how the Housing Element defines
affordable housing and if developers are incentivized to develop more affordable housing and
added that whatever incentives are in place, it does not seem to be bringing in affordable
housing. He also added, all the new developments even along the freeway corridor seems high
priced. He questioned what is being done to make it possible for young families to still exist
here.
C!
Seeing no additional public comment from the audience, Chair Berry inquired if we received any
written comments and if there are anyone online who would like to speak.
Commissioner Liaison Huang responded that no written comment was received for this item, and
there were no callers on the line who wish to speak.
Chair Berry closed the public comment period.
City Attorney Thuyen questioned if the Planning Commission would like staff to address Mr.
Kenny's concerns.
Ms. Bathgate addressed Mr. Kenny's concern and explained that there are categories for very
low, low, moderate, and above moderate -income levels. She added that the majority of Housing
Element is to provide a range of housing options, particularly, needs that are difficult.
Veronica Tam, Principal of Veronica Tam and Associates, Inc. provided more details to address
the definition of affordable housing. She said based on State and federal standards, a household
should not be spending more than 30% of the gross household income on housing, so affordable
housing generally stays within that threshold. Ms. Tam added that in order to develop that type
of housing would require public subsidies; the lower the income level, the deeper the subsidies
required. She added that most jurisdictions do not have a lot of access to resources especially
with the elimination of redevelopment in California, so developing affordable housing is
difficult. She said one tool that the City does have is density bonus which is one of the incentive
to encourage or entice private developers to provide affordable housing.
Planning & Economic Development Manager Valenzuela added that some of the mixed-use
projects on Garvey Avenue are incorporating some low-income housing such as apartments or
condos.
Chair Berry inquired if there is a particular percentage we are trying to go for to help low-income
residents.
Ms. Bathgate stated that overall, 25% of the Regional Housing Needs Assessment (RHNA)
requirement is targeting very low-income families and noted that a good percentage of
households are at the tier where it's most needed.
Chair Berry questioned the percentage of our residents that falls within that threshold and asked
if we able to meet their needs.
Ms. Bathgate explained that the State looks at local and regional needs to target each income
category. She added, it looks at the immediate needs of Rosemead and how it corresponds to
other San Gabriel Valley cities, other cities in the SCAG region, and the larger needs of the
region in California.
5
Commissioner UnQ inquired if there are City resources that helps direct families to these
locations with affordable housing.
Associate Planner stated that the City partners with LACDA's Housing Assistance Division
Program, which providea Section 8 Rental Assistance vouchers, so residents would be directed
there.
Seeing no additional questions from the Commission, Chair Berry requested for motion and a
second.
City Attorney Thuyen clarified to the Commissioner and the public, that the motion is to adopt
Planning Commission Resolution 21-20, which recommends approval of General Plan
Amendment 20-01.
ACTION: Commissioner Ung made a motion, seconded by Commissioner Lopez, to Adopt
Planning Commission Resolution 21-20, a resolution recommending the City Council adopt
Resolution 2021-66 for the approval of General Plan Amendment 20-01.
Vote resulted in:
Ayes: Berry, Leung, Lopez, and Ung
Noes: None
Abstain: None
Absent: None
Roll call vote resulted in 4 Ayes and 0 Noes.
End of minute excerpt
I, Gloria Molleda, City Manager, for the City of Rosemead, California, do hereby certify the
following Draft Minute Excerpt is a summary of the discussion, approval, and action taken
during the Public Hearing of the Municipal Code Amendment 21-03 and General Plan
Amendment 20-01 presented before the Rosemead Planning Commission on December 20,
2021.
41ojria@M%Ile�da,�
City Manager
0
Attachment D
Planning Commission Meeting
Resolution No. 20-19
PC RESOLUTION 21-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO.
1002 FOR THE APPROVAL OF MUNICIPAL CODE AMENDMENT 21-03
(MCA 21-03), AMENDING ROSEMEAD MUNICIPAL CODE SECTION
17.30.120 OF TITLE 17 (ZONING) TO COMPLY WITH OBJECTIVE
STANDARDS FOR EMERGENCY SHELTERS.
WHEREAS, on October 13, 2007, Governor Arnold Schwarzenegger signed
Senate Bill 2, which amended Government Code Section 65583 pertaining to local
regulations for emergency shelters; and
WHEREAS, on September 26, 2019, Governor Gavin Newsom signed Assembly
Bill 139 which further amended Government Code Section 65583 pertaining to local
regulations for emergency shelters; and
WHEREAS, local ordinances shall be compliant with state provisions pertaining to
emergency shelters as a part of the City's 6th Cycle Housing Element Update (2021-
2029) efforts for a certified Housing Element from the Department of Housing and
Community Development; and
WHEREAS, the City of Rosemead's current Municipal Code conflicts with the
regulations specified in Government Code Section 65583; and
WHEREAS, amendments to Title 17 (Zoning), specifically RMC Section 17.30.120
is necessary to update objective standards for the establishment of emergency shelters
in conformance with Government Code Sections 65583; and
WHEREAS, Section 17.152.060.B of the Rosemead Municipal Code provides the
criteria for a Zoning Code Amendment; and
WHEREAS, Sections 65854 and 65855 of the California Government Code and
Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning
Commission to review and make recommendations to the City Council regarding
amendments to the City's Zoning Code; and
WHEREAS, on December 9, 2021, eight -hundred and fifty-one (851) notices were
sent to property owners within a 300 -feet radius from the subject properties, published in
the Rosemead Reader, and posted in six public locations, specifying the availability of the
proposal, and the date, time, and location of the public hearing for MCA 21-03; and
WHEREAS, on December 20, 2021, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to MCA 21-
03; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. MCA 21-03 is not a project pursuant to California Environmental
Quality Act (CEQA) Guideline 15378, because the activity undertaken involves general
text amendments that would not cause either a direct physical change in the environment
or a reasonably foreseeable indirect physical change in the environment and does not
meet the definition of a "Project" under CEQA. The proposed Code Amendment is also
exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA
only applies to projects which have the potential for causing a significant effect on the
environment.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Municipal Code Amendment 21-03, in accordance with
Section 17.152.060 of the Rosemead Municipal Code as follows:
A. The proposed amendment is consistent with the General Plan and any
applicable specific plan;
FINDING: The proposed amendment is consistent with the General Plan as the
purpose of the proposed ordinance is to comply with the amended provisions of
Government Code section 65583 and would update objective standards in Section
17.30.120 pertaining to capacity, location, parking, and client restrictions for emergency
shelters. In addition, as part of the City's 6th Cycle Housing Element Update (2021-2029),
the State Department of Housing and Community Development requires local ordinances
be compliant with State provisions pertaining to emergency shelters. The proposed
amendment would not affect any applicable specific plan within the City.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City; and
FINDING: The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City, as emergency shelters are currently
permitted in the Zoning Code. The State legislature has identified that homelessness in
California is a continuing crisis that demands the effective involvement of both the public
and private sectors. California has the highest population of people experiencing
homelessness in the nation. In order for the State to address its homelessness crisis,
there is a need for heightened and coordinated planning and action toward the provision
of emergency shelters and transitional housing strategies. The adoption of SB 2 and AB
139 into State Housing law limits the City's ability to regulate emergency shelters by
reducing regulatory barriers and streamlining the approval process for emergency
shelters. To comply with State law, the proposed revisions would bring Section 17.30.120
of the Rosemead Municipal Code into full compliance with State law.
C. The proposed amendment is internally consistent with other applicable
provisions of [the] Zoning Code.
FINDING: MCA 21-03 is intended to bring Rosemead Municipal Code Section
17.30.120 of Title 17 (Zoning) up to compliance with State legislation regarding objective
standards pertaining to capacity, location, parking, and client restrictions for emergency
shelters in accordance with the provisions of Government Code Sections 65583 and does
not affect other applicable provisions of the Zoning Code.
SECTION 3. The Planning Commission HEREBY RECOMMENDS City Council
adoption of Ordinance No. 1002 for the approval of MCA 21-03, an amendment to
Rosemead Municipal Code Section 17.30.120 of Title 17 (Zoning) to comply with the
State provisions for emergency shelters.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on December 20, 2021, by the following vote:
AYES:
BERRY, LEUNG, LOPEZ, AND UNG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
SECTION 5. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 20th day of December, 2021.
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 20th day of
December, 2021, by the following vote:
AYES:
BERRY, LEUNG,
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
LOPEZ, AND UNG
Gloria 011e a, Secretary
r
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Legend
OR-1
Single Family Residential
OR-2
Light Multiple Residential
Light Industrial &
Medium Multiple
®R-3
Residential
-MU CommerciaWndustrial
C-1 Neighborhood Commercial
-
C-3 Medium Commercial
-D Planned Development
C-4 Regional Commercial
.
CBD Central Business District
Buffer
0
300 -Foot
-
P Parking
-
P -O Professional Office
-M-1
Light Industrial &
Manufacturing
-GASP-R/C:
-MU CommerciaWndustrial
-CI
Mixed -Use
OP
-D Planned Development
.
OS Open Space
........ City Boundary
OGASP: Garvey Avenue Specific Plan
City of Rosemead
12/14/2021
GASP -MU: Garvey Avenue Specific Plan,
Incentivized Mix -Use
OGASP-OS/P:
Garvey Avenue Specific Plan,
Open Space/Parking
-GASP-R/C:
Garvey Avenue Specific Plan,
Residential/Commercial
RC -M000 Residential/Commercial
Mixed Use Development Overlay
\�
D -O Design Overlay
Corridor Mixed -Use
-Freeway
Overlay
City of Rosemead
12/14/2021