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PC - Item 4C - Municipal Code Amenment 10-02, 10-03, Zone Change 10-02ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIRWOMAN AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: APRIL 5, 2010 SUBJECT: MUNICIPAL CODE AMENDMENT 10 -02, MUNICIPAL CODE AMENDMENT 10 -03, ZONE CHANGE 10 -02 SUMMARY Municipal Code Amendment 10 -02 (MCA 10 -02) and Municipal Code Amendment 10 -03 (MCA 10 -03) consist of City initiated amendments to the Rosemead Municipal Code for the purpose of establishing residential /commercial mixed -use development standards and regional commercial development standards. The new development standards reflect the new planning goals detailed in the City's 2010 General Plan Update (General Plan Amendment 09 -01). MCA 10 -02 will establish mixed -use development standards for a new Residential /Commercial Mixed -Use Development Overlay (RCMUDO) zone, and MCA 10- 03 will establish development standards for a new C -4 (Regional Commercial) zone. The proposal also includes an amendment to the existing Mixed -Use Development Guidelines to reflect the proposed mixed -use development standards. Lastly, Zone Change 10 -02 is a proposed comprehensive zoning map update, which if adopted, will bring all zoning designations on the City of Rosemead Zoning Map into consistency with the land use designations, goals, and policies outlined in the General Plan. For reference, the proposed Residential /Commercial Mixed -Use Development Overlay development standards and amended Mixed -Use Design Guidelines (Ordinance 889), C-4 (Regional Commercial) development standards (Ordinance 890), and zone change map and ordinance (Ordinance 891) have been attached as Exhibits A through C, respectively. ENVIRONMENTAL ANALYSIS The Rosemead City Council adopted a General Plan update and certified an accompanying Program Environmental Impact Report (Program EIR) on October 14, 2008. The certified Program EIR provided a program -level assessment of the environmental impacts resulting from development pursuant to land use policy and implementation of the goals and policies set forth in all chapters of the updated General Plan, as well as long -term implementation of the General Plan through a revised Zoning Code. Planning Commission Meeting April 5, 2010 Paqe 2 of 10 A General Plan Amendment (GPA 09 -01) is currently under review by the City of Rosemead. The Planning Commission recommended the City Council approve GPA 09 -01 on March 1, 2010. The City Council will review the amendment on April 13, 2010. According to Section 15164, an addendum EIR, along with a new Statement of Overriding Considerations, is being proposed for GPA 09 -01 based on the 2008 Program EIR. STAFF RECOMMENDATION Staff recommends that the Planning Commission: 1. ADOPT Resolution No. 10 -10 with findings (Exhibit D), a resolution recommending that the City Council ADOPT Ordinance No. 889, amending Title 17 of the Rosemead Municipal Code to incorporate Chapter 17.74 Residential /Commercial Mixed -Use Development Overlay zone regulations and modifying the Mixed -Use Design Guidelines. 2. ADOPT Resolution No. 10 -11 with findings (Exhibit E), a resolution recommending that the City Council ADOPT Ordinance No. 890, amending Title 17 of the Rosemead Municipal Code to incorporate Chapter 17.46 C -4 Regional Commercial zone regulations. 3. ADOPT Resolution No. 10 -12 with findings (Exhibit F), a resolution recommending that the City Council ADOPT Ordinance No. 891, amending zoning map for the purpose of bring the map into consistency with the 2010 General Plan Update (General Plan Amendment 09 -01). BACKGROUND On April 14, 2009, the City Council appointed a Subcommittee to discuss the future of mixed -use development in the City of Rosemead. The Subcommittee was to analyze the current 2008 General Plan and make recommendations to the Planning Commission and City Council as to whether the Land Use Element should be amended. On September 22, 2009, a joint Planning Commission and City Council meeting was held to review the Subcommittee's recommendation. At that meeting, staff received direction to embark on a comprehensive General Plan Work Revision Program. This program included, amending the General Plan to address mixed -use development, preparing mixed -use development standards, amending the existing mixed -use design guidelines, and processing a comprehensive Zoning Map update. Planning Commission Meeting April 5, 2010 Page 3 of 10 The General Plan Amendment is currently under review by the City of Rosemead. On March 1, 2010, the City of Rosemead Planning Commission recommended that the City Council approve General Plan Amendment 09 -01. This amendment proposed changes within the Land Use Element to designate four key areas (nodes) in the City for mixed -use development with limitations on both residential density and building height, as well as the creation of a new High Intensity Commercial land use designation over two commercial areas of the City. The City Council will review the General Plan Amendment on April 13, 2010. The Municipal Code Amendment 10 -02, Municipal Code Amendment 10 -03, and Zone Change 10 -02 are the development standards and zoning map modifications proposed to implement the new planning goals detailed in the City's proposed General Plan. ANALYSIS Mixed -Use Development Overlay Zone and Development Standards The Residential /Commercial Mixed -Use Development Overlay ( RCMUDO) zone is proposed to implement the Mixed -Use Residential /Commercial land use designations in the General Plan. This overlay zone will provide property owners and developers the opportunity to either propose a mixed -use project, developed in accordance with RCMUDO development standards, or the option of developing a commercial project under the base zoning district's standards. The RCMUDO development standards have been designed to accomplish the following objectives: 1. Create viable, walkable urban environments that encourage pedestrian activity and reduce dependence on the automobile, through streetscapes that are connected, attractive, safe, and engaging. 2. Provide complementary residential and commercial uses within walking distance of each other. 3. Develop an overall urban design framework to ensure that the quality, appearance and effects of buildings, improvements, and uses are compatible with the City design criteria and goals. 4. Create quality residential /commercial mixed -use development that maintains value through buildings with architectural qualities that create attractive street scenes and enhance the public realm. 5. Provide a variety of open space, including private, recreation areas and public open space, and parks. Planning Commission Meeting April 5, 2010 Paoe 4 of 10 6. Revitalize commercial corridors with residential /commercial mixed -use developments that attract and encourage market - driven private investment. 7. Encourage parking solutions that are incentives for creative planning and sustainable neighborhood design. The entitlement review process for project approval would require each project applicant to submit a comprehensive precise plan of design showing full compliance with the development standards. Each project would require approval from the City Council after a recommendation has made by the Planning Commission. The proposed standards would provide a wide range of permitted uses, as well as provisions to regulate the public realm and streetscape, site design and circulation, building form, land use, and architecture. Regulations have been incorporated to require public art and encourage the use of green construction materials and energy and water efficient conservation features. Lastly, measures have also been added to address potential sensitive elements of mixed -use development, such as businesses with late hours of operation, restaurant establishments with outdoor seating, automated teller machines, and convenience markets. To ensure that mixed -use developments create pedestrian friendly and lively street fronts, sit -down restaurants, retail uses and services will be required on the ground floor. Examples of the proposed key mixed -use development regulations are highlighted in the following table. The complete set of standards is outlined in Ordinance 889 (Exhibit A). Planning Commission Meeting April 5, 2010 Pace 5 of 10 Table 1.0 Proposed RCMUDO Development Standards Lot Size 30,000 square feet (minimum) Residential: Two (2) parking spaces per dwelling unit, and one (1) guest parking space for each two (2) dwelling units. ' A reduction in the number of residential parking spaces may be approved upon the Parking Requirements determination by the City Council that a parking demand analysis prepared by a competent traffic and transportation engineer demonstrates that the required number of spaces exceeds actual expected demand. Commercial: The parking requirements shall be provided in accordance with RMC Section 17.84. Interior Side Lot Lines: zero feet or 10 feet Side Street Lot Lines: No minimum required, unless rear yard abuts side yard residential uses, school or park, in which case a setback of 20 feet shall be maintained within 25 feet of the established common property line. Rear: (1) If the site abuts residential uses, school or park 10 feet set back is required. (2) If the site abuts non - residential uses, the minimum setback from the Setbacks rear lot line may be zero (0) but shall be a minimum of ten (10) feet if more than zero (0). (3) All buildings that abut an alley shall be setback a minimum of ten (10). and a minimum of 20 feet if ingress and egress access is provided to a covered p arking structure. 'A Variable Height Limitation will also be required when abutting R -1 and R -2 zones Front: 0 to 3 feet for building and 10 feet for parking lots 60 du/ac and 4 Stories: 55 feet Building Height 30 du/ac and 3 Stories: 45 feet Mixed -Use Design Guidelines On September 25, 2007, the City Council approved Mixed -Use Design Guidelines. The guidelines are intended to supplement the new mixed -use development standards, and are a useful handout for the public to ensure attractive mixed -use design. Revisions are being proposed to the guidelines, which reflect the new development standards outlined in the RCMUDO zone. The revised criteria will help to positively influence the livability and aesthetic value of the City's established mixed -use neighborhoods in the community. The revised guidelines have been attached to Ordinance 889 as Exhibit A. C-4 Regional Commercial Zone Regulations A new C -4 Regional Commercial zone is proposed to implement the goals and policies of the new High Intensity Commercial land use designation that is proposed in the 2010 Planning Commission Meeting April 5, 2010 Pace 6 of 10 General Plan Update (General Plan Amendment 09 -01). This new zoning designation will be applied to the "Auto Auction" and "Barr Lumber" sites (3900 and 3910 Walnut Grove Avenue, 8614 Valley Boulevard, 7867, 7907, 7913, 7919, 7931, and 8001 Garvey Avenue, 3011 and 3033 Denton Avenue, and 7938 Virginia Street). The intent of this zone is to promote redevelopment of these sites into cohesively planned sub - regional commercial centers that provide goods and services in a larger retail form, with ancillary smaller retail uses supporting the sub - regional commercial uses. To accomplish this, the development standards require minimum site areas, as well as specify the permitted land uses and building sizes for each of the project areas. Furthermore, measures have been added to regulate the public realm and streetscape, site design and circulation, building form, land use, and architecture. Lastly, standards have been added to require public art and encourage the use of green construction materials and energy and water efficient conservation features. The proposed permitted uses and minimum building sizes are highlighted in the following tables. The complete set of standards is outlined in Ordinance 890 (Exhibit B). Table 2 -0 Land Use and Building Size Requirements for Project Area 1, as Identified in the General Plan The primary use of the site shall have a Major Anchor tenant (75,000 - 140,000 square feet) and /or a hotel use. Permitted Uses Allowable Building sloes Large Retail Center with Anchor Tenants: Consumer electronics and appliances retail, 75.000 - 140,000 square feet department store. discount and variety store. home improvement, and hardware store General Retail Outlets: Home furnishing and housewares retail, music, video. book and entertainment retail. office products retail: sporting and recreational equipment retail, hobby 15,000- 35,000 square feet and craft retail: and other specialty retail Restaurant - Related Uses: Casual dining restaurants. specialty eateries, and upscale dining 5.000 - 10.000 square feet Hotel, when approved with a Conditional Use Permit 100 guest rooms (minimum) Ancillary Commercial Uses, include the following as well as uses of similar character as approved by the Community Development Director: Eating and Drinking Establishments (restaurants, fast food facilities, including drive - through services, candy and confectionaries shops, delicatessens, donut shops, and coffee sales). Financial Institutions (banks, savings and loans, and credit unions). Food and Beverage Sales (markets. catering 1,500 -3,000 square feet services, and retail bakeries). Personal Services and Sales (beauty and barbershops, including beauty supply, Flonst shops, photography studios, private postal service, travel agencies. tailors, shoe repairs, video sales and /or rental), Specialized Retail (consumer electronics, fabric store. hobbies and crafts, apparel and accessories. books and magazines, jewelry , sporting good (sales and rental), photography, and stationery sales) Planning Commission Meeting April 5, 2010 Page 7 of 10 Table 2 -1 Land Use and Building Size Requirements for Project Area 2, as Identified in the General Plan The primary use of the site shall have a minimum of one General Retail Outlet and /or a Hotel use. Permitted Uses Allowable Building Sizes General Retail Outlets: Home furnishing and housewares retail. music, video, book and entertainment retail, office products retail; 15.000- 35.000 square feet sporting and recreational equipment retail; hobby and craft retail; and other specialty retail Restaurant - Related Uses: Casual dining restaurants, specialty 5,000- 10,000 square feet eateries, and upscale dining Hotel, when approved with a Conditional Use Permit 100 guest rooms (minimum) Ancillary Commercial Uses, include the following as well as uses of similar character as approved by the Community Development Director:: Eating and Drinking Establishments (restaurants. fast food facilities, including drive - through services, candy and confectionaries shops, delicatessens, donut shops, and coffee sales). Financial Institutions (banks, savings and loans, and credit unions), Food and Beverage Sales (markets, catering services, and retail bakeries), 1.500 -3.000 square feet Personal Services and Sales (beauty and barbershops. including beauty supply, florist shops, photography studios, private postal service, travel agencies, tailors, shoe repairs, video sales and /or rental), Specialized Retail (consumer electronics, fabric store, hobbies and crafts, apparel and accessories. books and magazines, jewelry. sporting good (sales and rental), photography, and stationery sales) Comprehensive Zoning Map Update California State law requires zoning to be compliant with the goals, objectives and policies of the General Plan. Zone Change 10 -02 will satisfy this requirement, if adopted by the City Council. The zoning map revision will specifically bring all zoning designations into compliance with the proposed General Plan land use designations, goals, policies, as well as establish the new Residential /Commercial Mixed -Use Development Overlay and C -4 Regional Commercial zones. Exhibit G highlights the locations of individual parcels that are proposed to change in this zoning map update. Exhibit A of Ordinance 891 identifies the zoning designations for the entire City. Conclusion Municipal Code Amendment 10 -02, Municipal Code Amendment 10 -03, and Zone Change 10 -02 are compliant with the programs, goals, and policies identified in the 2010 General Planning Commission Meeting April 5, 2010 Page 8 of 10 Plan Update (Amendment 09 -01). The C -4 Regional Commercial and Residential /Commercial Mixed -Use Development Overlay standards will promote stronger and enhanced commercial business districts, as well as stimulate and revitalize commercial corridors with both needed housing and commercial retail services. MUNICIPAL CODE REQUIREMENTS Chapter 17.116 of the Rosemead Municipal Code sets forth the procedures and requirements for zone changes and amendments. A zone change and municipal code amendments may be permitted whenever the public necessity, convenience, general welfare or good zoning practice justifies such action. A. Land Use: California State law requires zoning to be compliant with the goals, objectives and policies of the General Plan, Municipal Code Amendment 10 -02, Municipal Code Amendment 10 -03, and Zone Change 10 -02 will accomplish this requirement. The zoning map revision will specifically bring all zoning designations into compliance with the goals and policies of the 2010 General Plan land use designations. Municipal Code Amendment 10 -03 consists of requiring approval of a Design Review (DR) entitlement application for any new commercial project within the C -4 Regional Commercial zone. Municipal Code Amendment 10 -02 consists of requiring approval of a Design Review (DR) entitlement application for any residential /commercial mixed -use projects within the Residential /Commercial Mixed - Use Development Overlay zone. The code amendments will provide provisions for a wide range of permitted uses, as well as standards to regulate the public realm and streetscape, site design and circulation, building form, land use, and architecture. The propose code amendments will achieve the goal of providing an overall urban design framework to ensure that the quality, appearance and effects of buildings, improvements and uses are compatible with the City design criteria and goals. B. Circulation: Zone Change 10 -02 will bring City zoning designations into compliance with the goals, objectives, and policies of the General Plan. Municipal Code Amendment 10 -02 and Municipal Code Amendment 10 -03 propose detailed site access and circulation criteria, as well as parking requirements. Potential impacts to traffic and transportation depend on the extent of a proposed project and local conditions. Each new project will be required to provide efficient vehicular access to the site. Furthermore, new development will be required to satisfy the parking requirements outlined in the municipal code. C. Housing: The proposed municipal code amendments and zone change will not induce substantial new population growth nor displace existing housing units or people. The municipal code amendments are not proposing higher densities and Floor Area Ratios (FAR) than what is already established in the City's General Plan. Planning Commission Meeting April 5, 2010 Page 9 of 10 The zoning map update will bring City zoning designations into compliance with the goals, objectives, and policies of the General Plan. D. Resource Management: Municipal Code Amendment 10 -02 establishes provisions which require a variety of open space, including private, recreation areas and public open space, and parks for mixed -use developments. Both Municipal Code Amendment 10 -02 and Municipal Code Amendment 10 -03 encourage the use of green construction materials, and energy and water efficient conservation features. Any proposed development resulting from these municipal code amendments would be located in a developed urban area, and as such, will not result in any impact upon natural resources. Lastly, Zone Change 10 -02 implements the goals and policies established in the 2010 General Plan Update (General Plan Amendment 09 -01). E. Noise: Municipal Code Amendment 10 -02, Municipal Code Amendment 10 -03, and Zone Change 10 -02 would implement the goals and policies established in the 2010 General Plan Update (General Plan Amendment 09 -01). The associated development standards to the zones identified and established in this update will require new developments to developments to comply with the City's Noise Ordinance. Noise impacts would be similar to and possibly less than, the level of impacts identified in the 2008 General Plan EIR. F. Public Safety: There will not be a new increase in population or density as a result of Municipal Code Amendment 10 -02, Municipal Code Amendment 10 -03, and Zone Change 10 -02, so the need for more public safety and public areas is not impacted. Instead, the improvements will significantly improve the appearance, play opportunities, efficiency, safety, and accessibility to the parks. The entire City of Rosemead is located in Flood Zone C (flood insurance is not mandatory) and is free from any flood hazard designations. STATE LAW REQUIREMENTS Section 65860 et seq of the California Government Code states that a zoning ordinance shall be consistent with the city general plan if the city has officially adopted such plan and the various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs specified in the plan. PUBLIC NOTICE PROCESS Pursuant to California Government Code Section 65091, this public hearing notice has been published in at least one newspaper of general circulation within the local agency, as the number of owners of real property within 300 feet of the project site is greater 1,000. Lastly, Planning Commission Meeting April 5, 2010 Paae 10 of 10 this notice is also posted in six (6) public locations, specifying the availability of the application, plus the date, time and location of the public hearing. Prepared by: Submitted by: Sheri Bermejo Stan Wong Principal Planner Community Development Director Exhibits: A. Ordinance 889 (with Exhibit A, Mixed -Use Design Guidelines) C. Ordinance 891 (with Exhibit "A," Complete Zoning Map) D. Resolution 10 -10 E. Resolution 10 -11 F. Resolution 10 -12 G. Complete Zoning Map (Proposed Changes) ORDINANCE NO. 889 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MUNICIPAL CODE AMENDMENT 10- 02, ADDING THE RCMUDO "RESIDENTIAL /COMMERCIAL MIXED -USE DEVELOPMENT OVERLAY" ZONE AND CHAPTER 17.74 TO THE CITY'S MUNICIPAL CODE TO ESTABLISH STANDARDS FOR THAT ZONE. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . Findings. The following findings are adopted in support of the addition of Chapter 17.74 "Residential /Commercial Mixed -Use Development Overlay ( RCMUDO)" zone to the Rosemead Municipal Code and amendments to the mixed -use design guidelines by the City of Rosemead to regulate residential /commercial mixed -use development. A. The City Council of the City of Rosemead recently adopted an amendment to the Land Use Element of the General Plan, which established two new mixed -use land use designations. B. The current Zoning Code does not provide adequate provisions to regulate such developments, and approval of such projects could have substantial adverse health and safety impacts on the community if they are not regulated with specific development standards. C. The City approved Mixed -Use Design Guidelines by order of the Council on September 25, 2007, and wishes to amend those existing design guidelines and formally adopt mixed -use development standards to ensure careful regulation and well - designed mixed -use projects through effective land use planning. D. The proposed municipal code amendment includes guidelines that ensure and maintain internal consistency with all of the objectives, policies, general land uses, programs, and actions of all elements of the General Plan. The amendment does not conflict with current General Plan policies, objectives or programs. E. The proposed amendments would not be detrimental to the public convenience, health, safety, or general welfare of the City. F. The proposed amendment and guidelines will not have significant adverse effects on the environment. Exhibit A Section 2 . The Rosemead City Council adopted a General Plan update and certified an accompanying Program Environmental Impact Report (Program EIR) on October 14, 2008. The certified Program EIR provided a program -level assessment of the environmental impacts resulting from development pursuant to land use policy and implementation of the goals and policies set forth in all chapters of the updated General Plan, as well as long -term implementation of the General Plan through a revised Zoning Code. On the City Council adopted an addendum EIR, along with a new Statement of Overriding Considerations, for the 2010 General Plan Update. The Addendum EIR is based on the 2008 Program EIR in accordance with CEQA Guidelines Section 15164. Municipal Code Amendment 10 -02 is consistent with the Program EIR and Addendum, and pursuant to Public Resources Code 21083.3 and CEQA Guidelines sections 15162, 15168, and 15183 is exempt from the requirement that additional environmental documentation be prepared. The City Council, having final approval authority over this project, has reviewed and considered all comments received during the public review period prior to the approval of this project. Section 3. The City Council HEREBY FINDS AND DETERMINES that Municipal Code Amendment 10 -02 is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed municipal code amendment, in that the change to the Rosemead Municipal Code and Mixed -Use Design Guidelines will provide a superior level of planning and protection to the quality and character of the City. Section 4. The City Council FURTHER FINDS AND DETERMINES that Municipal Code Amendment 10 -02 is consistent with the Rosemead General Plan as follows: 1. A. Land Use: Municipal Code Amendment 10 -02 consists of requiring approval of a Design Review (DR) entitlement application for any residential /commercial mixed -use projects within the Residential /Commercial Mixed -Use Development Overlay zone. The code amendment will provide provisions for a wide range of permitted uses, as well as standards to regulate the public realm and streetscape, site design and circulation, building form, land use, and architecture. Measures have also been added to address potential sensitive elements of mixed -use development, such as businesses with late hours of operation, restaurant establishments with outdoor seating, automated teller machines, and convenience markets. The propose code amendment will achieve the goal of providing an overall urban design framework to ensure that the V quality, appearance and effects of buildings, improvements and uses are compatible with the City design criteria and goals. The provisions will also ensure quality residential /commercial mixed -use development that maintains value through buildings with architectural qualities that create attractive street scenes and enhance the public realm. B. Circulation: Municipal Code Amendment 10 -02 proposes detailed site access and circulation criteria, as well as parking requirements. Potential impacts to traffic and transportation depend on the extent of a proposed project and local conditions. Each new proposed residential /commercial mixed -use project will be required to provide efficient vehicular access to the site. Furthermore, new development will be required to satisfy the parking requirements outlined in the municipal code. C. Housing: The proposed municipal code amendment will not induce substantial new population growth nor displace existing housing units or people. The municipal code amendment is not proposing a higher density than what is already established in the City's General Plan. Furthermore, the municipal code amendment will not alter the current allowable maximum Floor Area Ratio (FAR) in the Residential /Commercial Mixed -Use Development Overlay zone. Therefore, the amount of living area on a lot will continue to be regulated by the existing standards. D. Resource Management: Municipal Code Amendment 10 -02 establishes provisions which require a variety of open space, including private, recreation areas and public open space, and parks. The standards also encourage the use of green construction materials, and energy and water efficient conservation features. Any proposed development resulting from this municipal code amendment would be located in a developed urban area, and as such, will not result in any impact upon natural resources. E. Noise: Municipal Code Amendment 10 -02 establishes regulations for noise abatement. It sets strict standards that prohibit loudspeakers, bells, gongs, buzzers that exceed 60 decibels between the hours of 7:00 a.m. and 10:00 p.m. or 45 decibels between the hours of 10:00 p.m. and 7:00 a.m. at any one time beyond the boundaries of the property. The development standards will also require residential units to be designed to limit the interior noise caused by the commercial and parking elements of a mixed -use development, as well as regulate the placement of mechanical equipment to prevent noise disturbance. Lastly, all new developments will be required to comply with the City's Noise Ordinance. G. Public Safety: Impacts to law or fire enforcement, parks, and public facilities are area or community specific. The proposed municipal 3 code amendment would not impact police, fire, or school services, and there would be no change in demand for or use of public parks. The entire City of Rosemead is located in Flood Zone C (flood insurance is not mandatory) and is free from any flood hazard designations. Section 5. CODE AMENDMENT Section 17.08.010 is hereby amended to include the following established zone: RCMUDO Residential /Commercial Mixed - Use Development Overlay. Section 6. CODE AMENDMENT. Chapter 17.74 "Residential /Commercial Mixed -Use Development Overlay" is hereby added to the Rosemead Municipal Code to read as follows: Chapter 17.74 Sections: 17.74.010 17.74.020 17.74.030 17.74.040 17.74.050 17.74.060 RESIDENTIAL /COMMERCIAL MIXED -USE DEVELOPMENT OVERLAY ZONE Purpose and intent. Applicability. Approval procedure. Permitted uses. Development standards. General requirements. 17.74.010 Purpose and Intent. A. Purpose. The purpose of the Residential /Commercial Mixed -Use Development Overlay Zone ( RCMUDO) is to provide opportunities for well - designed development projects that combine residential with non - residential uses, including office, retail, business services, personal services, public spaces and uses, and other community amenities designated with the mixed - use land use designations in the City of Rosemead General Plan, and consistent with the policy direction in the General Plan. B. Intent. The intent of this overlay zone is to accomplish the following objectives: 1. Create a viable, walkable urban environment that encourages pedestrian activity and reduces dependence on the automobile, through a streetscape that is connected, attractive, safe and engaging. H 2. Provide complementary residential and commercial uses within walking distance of each other. 3. Develop an overall urban design framework to ensure that the quality, appearance and effects of buildings, improvements and uses are compatible with the City design criteria and goals. 4. Create quality residential /commercial mixed -use development that maintains value through buildings with architectural qualities that create attractive street scenes and enhance the public realm. 5. Provide a variety of open space, including private, recreation areas and public open space and parks. 6. Revitalize commercial corridors with residential /commercial mixed - use developments that attract and encourage market - driven private investment. 7. Encourage parking solutions that are incentives for creative planning and sustainable neighborhood design. 17.74.020 Applicability. A. The RCMUDO is an overlay zone, which may be applied to existing zoning districts as designated in the General Plan. B. Land classified in a RCMUDO overlay zone shall also be classified in another zone. When such a district is established, the Residential /Commercial Mixed - Use Development Overlay Zone shall be shown as an overlay to the underlying districts by the designation of RCMUDO on the zoning map. A RCMUDO may overlay several base districts, however, the uses permitted in each base district are limited to the boundaries of that base district, except as otherwise provided herein. The RCMUDO Zone district shall provide the option of developing under the base zone district or developing a residential /commercial mixed -use development under the overlay zone. C. Residential /commercial mixed -use development shall be a development that combines and integrates residential uses with commercial, institutional, and office uses utilizing a strong pedestrian orientation. The mix of uses may be combined in a vertical residential /commercial mixed -use building or combined in separate buildings located on one property and /or under unified control. The mix of uses percentage shall be as designated in the General Plan. 17.74.030 Approval procedure. A. General Requirements. 5 1. A precise plan of design for a residential /commercial mixed -use development shall be submitted and approved in accordance with the requirements of Section 17.72.060, with the exception that the City Council shall approve or disapprove such project upon receiving a recommendation from the Planning Commission. 2. The precise plan of design must comply with the provisions of this chapter and the Mixed Use Design Guidelines. 3. Only one (1) application for a precise plan of design shall be required for a residential /commercial mixed -use development in the D Design Overlay Zone. 17.74.040 Permitted uses. A. The following uses are permitted in a residential /commercial mixed -use development: Retail stores and businesses, provided there is no manufacturing, processing or treatment of products other than what is clearly incidental to the retail business conducted on the premises, and not more than twenty (20) percent of the floor area of the building shall be used in the manufacturing, processing or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust smoke, vibration or other similar causes; Art studios; ATM facilities subject to the requirements of Section 17.74.050(A); Bakery products shops; Banks, savings and loan associations, and financial institutions, excluding check cashing or other pay day loan services; Barber shops, beauty shops and manicure parlors; Book stores, Clothing and shoe stores; Confectionery retail shops; Department and variety stores; Drug stores and pharmacies; Dry cleaning stores, drop -off and pick -up only; Electric appliance stores and repairs; Employment agencies; Fabric and yardage stores; Florist shops, Food stores, bakery shops, delicatessens and markets, Furniture stores, limited to new furniture, except that used furniture taken in trade may be sold provided used furniture sales do not exceed twenty - five (25) percent of the gross floor area or twenty -five (25) percent of total retail floor area, whichever is less, Grocery, fruit and vegetable stores, 3 Hardware stores; Health centers, and similar personal service establishments, with massage as an incidental use and occupying no more than twenty -five percent (25 %) of the floor area, Hobby shops; Interior decorating shops; Jewelry stores; Music stores; Paint stores; Pet supply stores; Photo -copy, printing or desktop facilities Photographic studio, supply shop, or film pick -up and drop -off point; Radio and television stores and repair, Restaurants, take -out and other eating establishments, Retail sales of automotive parts without installation and no outside storage; Self- service laundries subject to the requirements of Section 17.74.050(E); Shoe stores or shoe repair shops, Tailor, clothing or wearing apparel shops; and Travel agencies. B. The following professional and business office uses are permitted in a residential /commercial mixed -use development: Accountant; Acupuncturist and acupressure, without massage or retail sales; Advertising agency, Architect; Attorney; Auditor; Bookkeeping service; Business consultant; Chiropodist, Chiropractor, Dental office, Engineer; Governmental buildings and offices; Insurance agency; Optician, Optometrist, Ophthalmologist; Osteopath; Physician, Psychiatrist; Real estate broker, Secretarial service; X -ray technician; and 7 Similar professional business uses may be permitted subject to the approval of the Planning Division. C. Notwithstanding the provisions of Section 17.112.020, the following uses shall be the only uses for which a Conditional Uses Permit may be applied for and granted in a residential /commercial mixed -use development. Antique stores; Any commercial use that operates after midnight; Any eating establishment with outdoor seating, Any establishment having an off -sale license for alcoholic beverages; Any establishment having an on -sale license for alcoholic beverages; Arcades; Conservatories of music; Convenience markets subject to the requirements of Section 17.74.050(6); Libraries and museums; and Music and vocal instructions, D. Except as provided in sections 17.74.040(A), 17.74.040(6) and 17.74.040(C), all commercial uses and nonresidential uses are strictly prohibited in residential /commercial mixed -use developments. E. Residential units shall be permitted in a residential /commercial mixed -use development per the following: 1. Densities shall be consistent with the General Plan. F. Location of Uses 1. Retail /Commercial Uses shall be permitted on the ground floor or second floor in a residential /commercial mixed -use development. 2. Retail /Commercial Uses shall not be permitted above any professional and business office uses or residential uses. 3. Professional and business office uses shall be permitted above the commercial component of a street frontage building, behind the commercial component on the first floor or on second -floor or above with same use street frontage but below any residential uses in a residential /commercial mixed -use development. 4. Residential uses shall be located either above the commercial and /or office components of a street frontage building or located behind the commercial or office component on any floor where there is a distinct separation of uses and access, provided pedestrian connections are furnished as part of a unified development theme. ri 17.74.050 Development standards. A. Public Realm and Streetscape 1. Public Sidewalks a. The following shall apply to public sidewalks: (1) The minimum building setback shall be twelve (12) feet as measured from the curb face, and shall be in the form of both existing right -of -way and a recorded pedestrian access and utility easement, (2) The minimum building setback area shall include a minimum seven (7) -foot wide detached sidewalk (clear zone) and a minimum five (5) -foot wide parkway (amenity zone) adjacent to all streets. The amenity zone shall be located between the curb face and the clear zone. The clear zone shall be located between the building and the amenity zone; (3) The sidewalk in the clear zone shall be constructed of concrete, comply with ADA accessibility standards and be subject to the review of the City Engineer, (4) The clear zone shall be unobstructed by any permanent or nonpermanent element for a minimum width of seven (7) feet and a minimum height of eight (8) feet; and (5) The amenity zone shall include street trees, landscaping, public signs, public art, street lighting, street furniture, and other pedestrian- oriented amenities, as appropriate. 2. Street Trees a. All species of mature oak trees shall be preserved or otherwise dealt with in accordance with RMC Section 17.100.120. b. The removal of other mature trees shall be subject to the review and approval of the Urban Forester. c. Mature street trees that are approved for removal by the Urban Forester shall be replaced with a minimum of three (3) new mature box trees that have at least a twenty -four (24) inch box and are the same species of the replaced mature street trees or a species W approved by the Urban Forester. The City reserves the right to increase the number of trees if it deems necessary in order to compensate for mature tree loss. d. The amenity zone shall be planted with street trees at an average spacing not greater than thirty (30) feet on center. 3. Transit Stops a. Transit stops shall be designed as integral elements of a residential /commercial mixed -use development by collocating them with pedestrian oriented amenities, such as pocket parks, courtyards, plazas, etc. whenever possible. b. When an existing transit stop is located on a sidewalk adjacent to the location of a development, a shelter for transit patrons shall be constructed that: (1) Incorporates architectural features of the development and is compatible with the development; and (2) Includes a shelter, bench and lighting. 4. Corner Lot a. On intersection corners, where both streets have four (4) lanes: (1) Building architecture on intersection corners, where both streets have four (4) lanes or more, shall receive special treatment to enhance the pedestrian experience, and create visual interest and focal points at the entryways, such as but not limited to, building cut -offs and corner entrances with additional architectural detail, decorative landscaping, hardscape, planters, canopy, overhang or other architectural covering over the building entry; and (2) Buildings shall have a five (5) -foot angled corner setback measured from both intersecting property lines. a. On intersection corners, regardless of the number of lanes on each street: (1) Retail and office uses within buildings facing two (2) or more streets shall have at least one (1) customer entrance facing the primary street and one (1) customer entrance facing the second street or instead of two (2) entrances, a corner entrance; and 10 (2) Buildings on corner lots shall address both streets with an equal level of architectural detail. 5. Outdoor Seating a. No permanent seats or structures shall be placed in the public right - of -way without the review and approval of the City Engineer. b. Outdoor seating furniture shall not be located within the clear zone without prior review and approval of the City Engineer. c. Outdoor seating furniture shall be a minimum of ten (10) feet from the nearest transit stop. d. Any outdoor dining area may be separated from the sidewalk only with planters, shrubs, or fencing with a maximum height of forty -two (42) inches. 6. Undergrounding of Utilities a. Utility lines to a development from the building to the property line, including but not limited to electric, communications, street lighting and cable television shall be placed underground. b. Utility lines within the right -of way shall be placed underground to the maximum extent practicable. The requirements of this section may be waived by the City Council upon recommendation from the City Engineer if it is determined that topographical, soil or any other conditions make such underground installations unreasonable or impractical. B. Site Design and Circulation 1. Lot Size a. The minimum lot size for a residential /commercial mixed -use development shall be thirty thousand (30,000) square feet. 2. On -site Tree Preservation e. All species of mature oak trees shall be preserved or otherwise dealt with in accordance with RMC Section 17.100.120. a. The removal of other mature trees shall be subject to the review and approval of the City Council. 11 b. Mature trees that are approved for removal by the City Council shall be replaced with new mature trees that have at least a twenty -four (24) inch box and are the same species of the replaced mature trees. 3. Bicycle Parking a. Bicycle parking spaces shall be equal to ten (10) percent of required off - street parking, with a minimum eight (8) bicycle parking spaces per residential /commercial mixed -use development. b. Bicycle parking facilities shall be: (1) Securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist theft, (2) Separated by a physical barrier to protect the bicycle from damage by motor vehicles if located within a vehicle parking area; and (3) Motor vehicle entrances shall display adequate signs to indicate the availability and location of the bicycle parking facilities. 4. Access and Location of Off - Street Parking a. At -grade parking shall not be located between any building and the street frontage. b. Vehicular access to corner lot developments shall be from an alley or from a side street. c. Access to parking on interior lots shall have only one (1) vehicular access, which shall not be from the street if the lot abuts an alley. A second vehicular access may be allowed for lots that have a street frontage of three - hundred fifty (350) feet or more and do not abut an alley. Developments on those lots may have additional driveways that are not closer than three - hundred (300) feet apart. 5. Parking Requirements a. Residential: (1) Two (2) parking spaces shall be provided for every dwelling unit; (2) One (1) guest parking space shall be provided for each two (2) dwelling units in a multiple - family dwelling project; 12 (3) Residential parking shall be separate from commercial parking and accessed through a secure gated entrance; and (4) A reduction in the number of residential parking spaces may be approved upon the determination by the City Council that a parking demand analysis prepared by a competent traffic and transportation engineer demonstrates that the required number of spaces exceeds actual expected demand. b. Commercial (1) The parking requirements shall be provided in accordance with Chapter 17.84, and (2) Commercial parking shall be separate from residential parking by a secure gated entrance to the residential areas. 6. Separation of Access to Residential and Commercial a. Access to floors with residential units shall be secure and through a locking gate or entry way. 7. Trash and Loading Areas a. Trash and refuse collection, and recycling areas shall be provided in accordance with RMC Section 17.12.240. b. All trash enclosures shall be fully enclosed with self - closing and self - latching doors, and each enclosure shall accommodate both trash and recyclable bins. c. Trash enclosures shall be an integral part of the building design whenever possible. d. Trash enclosures shall be of the same architectural style as the development. e. Trash chutes are encouraged. However, chute access must be screened from public view, be fully contained within a "chute closet' that is accessible by a self latching door, and have a safety hatch that is necessary to pull in order to dispose of trash. f. Loading areas shall be clearly designated. g. Loading areas shall be screened from public view to avoid negative 13 noise, visual, and illumination impacts on the residential portion of the development and may be accomplished by the construction of six (6) foot high perimeter walls that are architecturally compatible with the primary structures and on -site landscaping. h. All screening walls shall be landscaped using vines, hedges, or other plant material necessary to provide a minimum fifty percent (50 %) coverage. i. Trash pick -up and loading activities are permitted only during the hours of 7a.m. to 7p.m. 8. Ground -floor Access a. Commercial uses that have street frontage shall be accessible to the public through the street front entrance during all hours the business is open. b. Residents of a development shall have a separate and secure street access to the residential units. c. Pedestrian walkways or sidewalks shall connect all primary building entrances to one another. Pedestrian walkways shall also connect all on -site common areas, parking areas, storage areas, open space, and recreational facilities. 9. Open Space and Recreation a. Usable Common Open Space (1) Each residential /commercial mixed -use development shall have at least one - hundred fifty (150) square feet of usable common open space per dwelling unit. (2) All usable common open space shall be conveniently located and readily accessible from all residential units in a residential /commercial mixed -use development. (3) Each usable common open space shall have no side with a dimension of less than ten (10) feet and may incorporate any areas of the site except where it is within five (5) feet of public rights -of- way, private streets and alleys, and shall not include or incorporate any driveways or parking areas, trash pickup or storage areas, utility areas, or on any roof top where mechanical equipment is located. 14 (4) Forty -five percent (45 %) of the required usable common open space shall provide active recreation facilities such as recreational buildings, sports courts and swimming pools, children's play areas, and barbeque and picnic areas. The remainder of the required usable common open space shall be landscaped, accessible and available to all of the residents of the residential /commercial mixed - use development for outdoor activities. (5) There shall be a minimum distance of fifteen (15) feet measured horizontally between any swimming pool and the nearest point of any balcony, porch, second story patio, sun deck, or other architectural feature of a building or structure with windows, doors, or other openings of sufficient size to permit the passage of persons. (6) Courtyards internal to a project, or enclosed on at least three (3) sides, shall have a minimum width of forty (40) feet, and shall be landscaped with a ratio of hardscape to planting not exceeding a ratio of one (1) square foot of landscape to one (1) square foot of hardscape. Pools and spas shall be excluded from this ratio. (7) All required usable common open space shall be developed and professionally maintained in accordance with approved landscape and irrigation plans. b. Usable Private Open Space (1) Each dwelling unit shall also have a private patio or balcony for usable private open space that is not less than sixty (60) square feet in area, and shall have an average depth of not less than five (5) feet. No portion of any private patio or balcony shall be used for the permanent storage of rubbish, junk, clotheslines, or garbage receptacles. "Permanent storage," as used in this subsection, means the presence for a period of forty -eight (48) or more consecutive hours on a patio or balcony. 10. Landscaping a. A landscape and irrigation plan shall be prepared by a professional landscape architect and shall be submitted and approved by the Planning Division along with the application for a precise plan of design. All usable open space, such as pedestrian walkways, separations between buildings, yard areas, and common recreation areas shall be landscaped and provided with permanent, moisture sensing devices, control timer, and underground irrigation systems. 15 Said landscaping shall be developed in accordance with the submitted and approved landscaping plan and shall include a plan for continued maintenance. The landscape plan shall satisfy the following requirements: (1) The landscaping plan shall consist of a combination of trees, shrubs and groundcovers with careful consideration given to size at maturity. The minimum planting material size standards for identified landscaped or open areas are: (a) Specimen size tree materials (thirty (30) inch box) shall be provided for the ultimate coverage of no less than ten percent of the area to be devoted to landscaping, or ten trees, whichever is greater. (b) Tree material (fifteen (15) gallon) shall be provided for the ultimate coverage of fifteen percent (15 %) of the area devoted to landscaping or twenty (20) trees, whichever is greater. (c) All shrubs shall be a minimum of five (5) gallons in size and shall be used to enhance all entrances, walkways, building walls, and separation walls in a manner which compliments the entire project. (2) The landscape and irrigation plan shall make use of moisture sensors and controlled timing devices in regard to landscape irrigation concept for one hundred (100) percent watering to all planted areas. (a) Landscape design must incorporate energy and water conservation measures, and comply with RMC Chapter 13.08 Water Efficient Landscaping where applicable. (b) Non - deciduous trees shall be planted in un- covered surface parking lots at a minimum of one (1) tree per ten (10) spaces or to provide a fifty (50) percent shade canopy coverage within a minimum of ten (10) years after planting. All trees within the parking area shall be a minimum of twenty -four inch (24 ") box size at planting. However, larger trees (e.g. 36 -inch box, and 48 -inch box) may be required by the City Council. Each tree shall have a deep root watering system and a root barrier. (c) The developer and subsequent owners shall be responsible for maintaining the landscaping as shown on the 16 approved plan. Maintenance shall include regular irrigation, weeding, fertilizing, and pruning and replacement of dead materials. 11. On -site Facilities a. A laundry area shall be provided in each unit, or a common laundry area shall be provided. Such facilities shall consist of not less than one (1) automatic washer and dryer for each five (5) units or fraction thereof. b. A single area of private and secure storage space shall be provided for each dwelling unit. Such storage may be co- located with a utility closet so long as the required storage space remains clear of mechanical equipment and appurtenances, be located outside of the unit accessible from a common hallway or balcony /patio, or in the garage, provided it does not interfere with automobile parking. 12. Lighting a. A photometric survey (lighting plan) shall be approved by the Planning Commission for each mixed -use development. b. All residential /commercial mixed -use developments shall have exterior lighting that provides adequate visibility at entrances, public sidewalks and open areas with a safe level of illumination at night. c. Exterior lighting shall be of low intensity and shielded so that light will not spill out onto surrounding properties or project above the horizontal plane. d. Lighting shall not blink, flash, oscillate or be of unusually high intensity of brightness. Exposed neon or unshielded or uncovered lighting shall be prohibited. e. Lighting for commercial uses shall be appropriately shielded to not negatively impact the on -site residential units. f. All lighting shall be integrated with landscaping wherever possible. 13. Walls and Fences a. A six -foot high masonry wall shall be constructed along the property line of any lot where construction of any residential /commercial mixed -use development is adjacent to property zoned and or used for residential purposes. Said wall shall be limited in height to forty- 17 two (42) inches where it abuts the required front yard setback on the adjacent property zoned or used for residential purposes. b. Walls shall have a decorative texture that matches the walls of the development. Vines shall be planted six (6) feet apart along all masonry walls to soften a wall's appearance. c. Chain -link, wood fences, barbed wire, razor -wire, and spikes shall be prohibited. C. Building Form 1. Setbacks a. Interior Lot Lines (1) The minimum setback area from an interior side lot line may be zero (0) but shall be a minimum of ten (10) feet if more than zero (0). b. Side Street (1) No minimum setback is required except where rear of lot abuts side of residential uses, school or park, in which case a setback of twenty (20) feet shall be maintained within twenty -five (25) feet of the established common property line. This required setback area may be used to meet the landscaping requirements, or for required open space, so long as all other provisions in this code are satisfied. c. Rear (1) If the site abuts residential uses, school or park a minimum ten (10) feet set back is required. (2) If the site abuts non - residential uses, the minimum setback from the rear lot line may be zero (0) but shall be a minimum of ten (10) feet if more than zero (0). (3) If the site abuts an alley, the minimum setback from the property line shall be ten (10) feet, provided the setback does not contain an egress or ingress access way to or from a covered parking structure. If an egress or ingress access way is provided to or from a covered parking structure, the minimum setback from the property line shall be twenty (20) feet within the access way area. IiU d. Front (1) The front setback on an arterial street may be zero (0) with a maximum setback of three (3) feet. In any case where the public sidewalk setback results in a greater setback, the sidewalk setback shall prevail. The setback area for the ground floor may be expanded beyond three (3) feet up to an additional ten (10) feet to provide enhanced building entrances, outdoor dining areas, courtyards, pedestrian arcades, and /or landscaping, etc. e. Any area of a surface parking lot that abuts a public street shall be set back from the sidewalk a minimum of ten (10) feet and screened by landscaping and a decorative three (3) foot high masonry wall. Landscaping shall include trees planted a maximum of twenty -five (25) feet on center and other plantings to achieve sixty (60) percent ground coverage within two (2) years of planting. f. Variable setback (1) All residential /commercial mixed -use developments shall have a variable height limitation when abutting R -1 and R -2 zones. (a) The second floor and above shall be stepped back from the rear property line as follows: establishing a height at six (6) feet above finished grade of the adjacent residential property line, a twenty (20) degree incline plane is projected that establishes the height limitation of the residential /commercial mixed -use development. (b) The second floor and above shall be stepped back from the side property line as follows: buildings shall be a maximum height of fifteen (15) feet, twenty (20) feet from the side property line, with a forty (40) degree inclined plane projected six feet high from property line to establish the height limitation of the residential /commercial mixed -use development. g. Encroachments (1) No part of the structure, permanent attachment or other similar architectural feature: (a) May extend into a required front, side or rear yard or minimum distance between buildings for more than two (2) feet. and 19 (b) May extend into the public right -of -way without approval of an encroachment permit. (2) Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or over a lot line. 2. Building Mass a. The maximum floor area ratio (FAR) and the number of dwelling units per acre for any residential /commercial mixed -use development shall be as established by the General Plan as outlined below. b. Mixed -Use: Residential /Commercial shall be developed with 25 -30 dwelling units per acre and a maximum 1.6:1 FAR. The project shall consist of a 67% residential and 33% commercial land use mix. Minor deviations from the land use percentage mix may be approved by the City Council. c. Mixed -Use: High Density Residential /Commercial shall be developed with 40 -60 dwelling units per acre and a maximum 2.0:1 FAR. The project shall consist of a 75% residential and 25% commercial land use mix. Minor deviations from the land use percentage mix may be approved by the City Council. 3. Height a. The maximum height of a residential /commercial mixed -use development shall be consistent with the land use element of the General Plan as outlined below: b. Mixed -Use: Residential /Commercial (25 -30 du /ac; 3 stories) shall have a maximum height of 45 feet. c. Mixed -Use: High Density Residential /Commercial (40 -60 du /ac; 4 stories) shall have a maximum height of 55 feet. 4. Screening a. Rooftops should be designed in a way that acknowledges their visibility from other buildings and the street. Equipment shall be screened on all four (4) sides from both the street and neighboring buildings using parapets or similar architectural features and from the top where visible from an adjacent building of greater height. b. Service and loading zones where visibility from public streets and 041" views from neighboring buildings and properties shall be screened by the use of decorative walls and /or dense landscaping that will serve as both a visual and a noise barrier. D. Land Use 1. Ground Floor Uses a. The ground floor uses on the street frontage shall be retail /commercial. b. Outdoor seating may be allowed on private property with a conditional use permit. c. When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation physical design and plant material should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area and a sign shall be posted. 2. Vertical Compatibility of Uses a. Commercial uses shall be designed and operated such that neighboring residents or residential units on the floors above are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries or late night activity. b. A conditional use permit shall be required for commercial uses that operate after midnight. c. No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments at the property lines of the site or within the interior of residential units on the site. I Noise Abatement a. Loudspeakers, bells, gongs, buzzers, or other noise attention or attracting devices that exceed 60 decibels between the hours of 7:00 a.m. and 10:00 p.m. or 45 decibels between the hours of 10:00 p.m. and 7:00 a.m. at any one time beyond the boundaries of the property or within office or residential uses on the floors above shall not be permitted. b. All windows in residential units in a residential /commercial mixed- 21 use development shall be double - paned. c. Mechanical equipment shall be set back a minimum of four (4) feet from any residential property line and shall be insulated to prevent any noise disturbance. d. Residential portions of the project shall be designed to limit the interior noise caused by the commercial and parking elements of the development. Proper design may include, but shall not be limited to, building orientation, double or extra- strength windows, wall and ceiling insulation, and orientation and insulation of vents. E. Architecture 1. Ground Floor Fagade a. There shall be articulated fagades at the ground floor street frontage, which may include such measures as indentation in plane, change of materials in a complimentary manner, and sensitive composition and juxtaposition of openings. b. A building shall have no more than twenty (20) feet of continuous linear street -level frontage that is without windows or entrances or other architectural detail. c. A minimum of fifty (50) percent of the ground floor fagade facing any arterial street to a height of eight (8) feet shall be visually transparent into the building or provide a minimum depth of three (3) feet for window merchandise display. 2. Window Placement a. Windows of residential units in residential /commercial mixed -use developments shall not directly face windows of other residential units within the residential /commercial mixed -use development and windows of residential units on lots that abut the residential /commercial mixed -use development in order to maximize privacy. 3. Design Differentiation Between Floors a. The area where the first floor meets the second floor shall clearly define a change in materials, colors, and style between the first and second floors. 22 4. Signs a. A uniform sign program shall be approved by the Planning Division for each residential /commercial mixed -use development. b. Permitted sign types shall be limited to wall, window, awning and monument signs and shall not be located above the first floor. c. Building mounted signs, including wall, window and awning, shall not exceed a cumulative total of one (1) square foot of sign area per one (1) lineal foot of building frontage of each business. d. Pole signs shall be prohibited. e. A monument sign shall be used only to identify multiple businesses in the commercial portion of a residential /commercial mixed -use development based on the following criteria: (1) One -third (1/3) square foot of monument sign area per one lineal foot of lot frontage with a maximum of fifty (50) square feet. (2) The entire sign structure shall be considered as sign area. (3) The sign copy area shall not exceed sixty percent (60 %) of the background wall area. (4) All monument signs shall contain only the name of the development and /or the names of the businesses. (5) Monument signs shall not encroach into any required landscaped setback area when abutting open areas or encroach more than one -half the required landscaped setback area when located in front of a building. (6) Sign copy shall be back - lighted or indirectly lighted. (7) The background wall of the monument sign shall not exceed six feet in height. (8) A maximum of one (1) sign per development; and (9) The monument sign shall be setback a minimum of three (3) feet from the property line at a location where the building is setback a minimum of ten (10) feet. 5. Roofline Variation 23 a. Flat roofs are preferred and shall be screened with parapets on all sides of the building. If no roof top equipment exists or is proposed the parapet shall be a minimum of three (3) feet in height. b. Where architecturally appropriate, sloped roofs shall provide articulation and variations to divide the massiveness of the roof. Sloped roofs shall include eaves, which are a minimum of eighteen (18) inches in width. Sloped roofs shall screen mechanical equipment by providing a "roof - well', or by placing the equipment within the roof structure. c. All rooflines in excess of forty (40) feet wide must be broken up through the use of gables, dormers, plantons, cutouts or other appropriate means. 6. Awnings a. Awnings may encroach into the public right -of -way by extending over the sidewalk or parkway with review and approval from the City Engineer and Building Official. b. Awnings, Arcades, and Galleries may encroach into the sidewalk within two (2) feet of the curb but must clear the sidewalk vertically by at least eight (8) feet. c. Projections beyond the front or exterior side lot line of a corner lot shall require the review and approval of the City Engineer and the Building Official. 7. Mechanical Equipment a. Wall mounted equipment shall be flush with the exterior building walls and painted to match the color of the exterior of the building and screened from the view of any public right -of -way. Window mounted air conditioners or exterior mounted fans shall be prohibited. b. Ground and pad mounted mechanical or utility equipment and other such similar equipment shall be screened from view from all public rights -of -way and adjacent properties by architectural building features, fencing or landscaping. 17.74.060 General Requirements 24 A. Public Art Requirement 1. A freely accessible on -site public art work shall be integrated into each mixed -use development project. 2. The following words or phrases shall have the following meanings when used in this section: a. Art or Art Work. Art, including but not limited to, sculpture, painting, graphic arts, mosaics, photography, crafts, and environmental works. Art or art work as defined herein may be permanent, fixed, may be an integral part of a building, facility, or structure, and may be integrated with the work of other design professionals. b. Artist. An individual generally recognized by critics and peers as a professional practitioner of the visual, performing, or literary arts, as judged by the quality of that professional practitioner's body of work, educational background, experience, public performances, past public commissions, sale of works, exhibition record, publications, and production of art work. The members of the architectural, engineering, design, or landscaping firms retained for the design and construction of a development project covered by this section shall not be considered artists for the purposes of this section. This definition applies only to the requirements of the section. c. Freely Accessible. The art work is accessible to and available for use by the general public during normal hours of business operation consistent with the operation and use of the premises. d. Public Art or Art Work. On -site art work produced by an artist, as defined herein, or team of artists, that is freely accessible on private property. 3. The following are not considered public art for the purposes of this section: a. Directional elements such as supergraphics, signage. or color coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions; b. Objects which are mass produced of standard design such as banners, signs, playground equipment, benches, statuary, street barriers, sidewalk barriers, or fountains, 25 c. Reproduction, by mechanical or other means, of original works of art; d. Decorative, architectural, or functional elements which are designed by the building architect or landscape architect as opposed to an artist commissioned for this purpose; e. Landscape architecture, gardening, or materials, except where these elements are designed by the artist and are an integral part of the work of art by the artist; or f. Landscaping required by the Rosemead Municipal Code as part of the development entitlements. 4. Art plan documentation shall be submitted for approval by the Planning Commission for each mixed -use development. a. The Planning Commission shall review the submitted documentation, together with the recommendation of the Community Development Director, and approve, approve with conditions, or deny the proposed art work, and its proposed location, considering the qualifications of the artist, the aesthetic quality and harmony of the art work with the proposed development project, and the proposed location of and public accessibility to the art work. 5. Additional requirements for public art for on -site installation. a. Plaque. The public art shall be identified by a plaque that meets the standards in use by the City at the time of installation of the public art. The requirement of this paragraph may be waived if determined in a particular circumstance to be inconsistent with the intent of this section. b. Ownership and Maintenance of Art Work. All on -site public art work shall remain the property of the property owner and his /her successor(s) in the interest. The obligation to provide all maintenance necessary to preserve the art work in good condition shall remain with the property owner of the site. The developer and subsequently, the property owner, shall maintain, or cause to be maintained, in good condition the public art continuously after its installation and shall perform necessary repairs and maintenance to the satisfaction of the City. The maintenance obligations of the property owner shall be contained in a covenant and recorded against the property and shall run with the property. Failure to maintain the art work, as provided herein, is hereby declared to be a public nuisance. The City also may pursue additional remedies to obtain compliance with the provisions of this requirement, as appropriate. In addition to all other remedies provided by law, in the event the owner fails to maintain the art work, upon reasonable notice, the City may perform all necessary repairs, maintenance or secure insurance, and the costs, thereof shall become a lien against the real property. c. Location and Relocation of On -site Public Art. When and if the development project is sold at any time in the future, the public art must remain at the development at which it was created and may not be claimed as the property of the seller or removed from the development or its location approved by the Planning Commission. In the event that a property is to be demolished, the owner must relocate the public art to another publicly accessible, permanent location that is approved in advance by the Planning Commission. A property owner may, for good cause, petition the Planning Commission to replace or re- locate the public art to another publicly accessible location on the development project site. Any removal, relocation, or replacement of the public art must be consistent with the California Preservation of Works of Art Act and the Federal Visual Artists' Rights Act and any other applicable law. If any approved art work placed on private property pursuant to this section is removed without City approval, the certificate of occupancy may be revoked. 6. Declaration of covenants, conditions and restrictions. a. The mixed -use project shall have recorded against it a declaration of covenants, conditions, and restrictions in favor of the City and in a form approved by the City Attorney which shall include the following provisions as appropriate: (1) The developer shall provide all necessary maintenance of the art work, including preservation of the art work in good condition to the reasonable satisfaction of the City and protection of the art work against destruction, distortion, mutilation, or other modification. (2) Any other reasonable terms necessary to implement the provisions of this section. 27 B. Use of Green Construction Materials and Energy and Water Conservation Features 1. The following types of green building practices are encouraged: a. Developments that use materials composed of renewable, rather than nonrenewable resources (green construction materials). b. Developments that construct buildings that exceed minimum statewide energy construction requirements beyond Title 24 energy requirements. c. Developments that employ passive heating and cooling design strategies to the maximum extent feasible. Strategies to be considered include orientation; natural ventilation, including cross - ventilation in residential units, high insulation values, energy efficient windows including: high performance glass, light- colored or high - albedo (reflective) roofing and exterior walls, window shading, and landscaping that provides shading during appropriate seasons. d. Developments that implement U.S. EPA Certified WaterSense labeled or equivalent faucets and high- efficiency toilets (HETs) in residential uses, and implement water conserving shower heads to the extent feasible. e. Developments that provide Energy -Star rated appliance in the residential units. C. Automated Teller Machines (ATM's) and Walk -Up Bank Services ATM facilities shall be located only on the public street side of a residential /commercial mixed -use development. 2. The ATM shall be set back three feet into an alcove adjacent to the public sidewalk to provide a privacy area. 3. Adequate lighting for the ATM shall be provided. 4. The ATM shall provide rear -view mirrors and cameras that can record activity and have quality color video capabilities for surveillance purposes. 5. The ATM shall comply with ADA accessibility standards. 6. A trash receptacle shall be immediately accessible to the ATM. M 7. ATM's and walk -up bank services are subject to the approval of the Planning Division. 8. When the ATM is removed, the structure's facade shall have a finished appearance consistent with the existing structure, and be subject to the approval of the Planning Division. D. Convenience Markets 1. A Convenience Market in a residential /commercial mixed -use development shall be a market or grocery store having an enclosed gross floor area of less than 3,000 square feet and engaged primarily in the sale of a limited range of food items, a limited range of household items, magazines, off -sale alcoholic beverages and similar items. Convenience markets in a residential /commercial mixed -use development shall satisfy the following criteria: a. A convenience market shall be permitted with a conditional use permit. b. No exterior vending machines shall be permitted. c. No video, electronic or other amusement devices or games shall be permitted on the premises. d. No outdoor storage or stacking of shopping carts shall be permitted. e. No storage, display, or sales of any merchandise, fixtures or other material shall be permitted outside the building. E. Household Pets 1. If permitted by the property owner, or specifically allowed by the rights granted in the Covenants, Conditions and Restrictions (CC &R's) of the project, household pets subject to the requirements of Title 6 of the Rosemead Municipal Code may be allowed in the residential units of a residential /commercial mixed -use development. F. Self- Service Laundries 1. Any self - service laundry in a residential /commercial mixed -use development shall be operated with at least one (1) attendant on -site during all hours of operation. PA'] 2. The restroom facilities located within the self - service laundry shall remain locked at all times until access is provided to customers by means of a key provided by the self - service laundry attendant. 3. Signs shall be posted in a conspicuous place inside the self - service laundry that notifies patrons that loitering, panhandling and /or the consumption of alcoholic beverages upon the premises is prohibited. 4. Window signs shall not be permitted. 5. All laundry carts shall remain inside the building. 6. No video, electronic or other amusement devices or games shall be permitted in the self - service laundry. 7. There shall be a maximum of three (3) vending machines at the self - service laundry and all of the vending machines shall be located inside the building. 8. Clear windows shall be provided at the entry and along the storefront to provide visibility into the unit. H. Special Activities 1. The sale of any goods on a sidewalk or alley adjacent to a residential /commercial mixed -use development shall be prohibited. 2. Temporary Banners a. A banner permit is required for the use of temporary banners. b. The use of temporary banners shall be limited to two (2) events per year. The use of a temporary banner at each event shall be for a maximum of thirty (30) days. If a temporary banner is used for more than thirty (30) days, the prohibited days will be accounted to the next event. c. There shall be a maximum of two (2) temporary banners per event. d. The maximum size of a temporary banner shall be three (3) feet by ten (10) feet. 3. Traditional non - commercial holiday decorations that do not contain advertising shall be permitted. till 4. The display of no more than three of any of the following flags shall be permitted at the same time at any single location on a residential /commercial mixed -use development: a. The flag of the United States; b. The flag of the State of California or its political subdivisions. 5. Prohibited Advertising and Display. a. The following advertising and displays shall be prohibited: (1) Outdoor advertising, displays and /or sales of merchandise or promotional materials in a location outside of a building; (2) Inflatable advertising displays; (3) Roof - mounted displays of flags, pennants or pennant -type banners balloons, inflatable devices, or similar displays; and (4) Flags, banners or balloons displayed in a landscape area or on a fence. G. Used Goods 1. Used goods, furniture, appliances, equipment and machinery may not be displayed or sold unless such goods have been taken in trade on new sales made at the same location. 2. All sales of used goods, furniture, appliances, equipment and machinery shall be incidental to the permitted uses of the overlay zone and shall be a minor part of the business conducted on the premises. H. Visible Street Address 1. The street address of a residential /commercial mixed -use development shall be clearly visible from the street to which the building is addressed. Section 7. The City Council hereby adopts the amendment to the "Mixed - Use Design Guidelines" attached hereto as Exhibit "A." Section 8. If any section, subsection, sentence, clause or word of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, 31 such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rosemead HEREBY DECLARES that it would have passed and adopted Ordinance No. 889 and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. Section 9. EFFECTIVE DATE. This ordinance shall take effect thirty (30) days after its adoption. Section 10. ADOPTION. The City Clerk shall certify to the adoption of this ordinance and shall publish a summary of this ordinance and post a certified copy of the full ordinance in the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption of the ordinance, the City Clerk shall publish a summary of the ordinance with the names of the council members voting for and against the ordinance. This ordinance shall take effect thirty days after the date of its adoption. Section 11 . The City Clerk shall certify to the adoption of this Ordinance. PASSED AND APPROVED, this day of 2010. GARY TAYLOR, Mayor ATTEST: GLORIA MOLLEDA, City Clerk Joseph M. Montes, City Attorney WA ft Rosemead is at on exciting time in the evolution of the City. Rosemead has an opportunity to showcase progressive planning principles in their infill, mixed -use projects that will propel Rosemead into the future and will help create a safe, thriving, urban environment that generates pride in Rosemead's residents and those who visit. this page intentionally left blank table of contents 1.0 introduction 1 -1 Context for Development 1 -1 Meaning of "should" "shall' "will' "encouraged" and "discouraged" 1 -1 Use of illustrations and photos 1 -2 Who Are These Guidelines For? 1 -2 Organization and Content 1 -2 2.0 design guidelines 2 -1 Overall goals: 2 -1 2.1 public realm and the pedestrian environment 2 -2 2.2 site design 2 -4 2.3 building design 2 -6 2.4 building height 2 -12 2.5 storefront 2 -13 2.6 lighting 2 -14 2.7 common areas /open space 2 -15 2.8 compatibility with adjacent properties 2 -16 2.9 parking 2 -18 2.10 access 2 -20 3.0 glossary 3 -1 this page intentionally left blank chapter one 1.0 introduction These design guidelines are intended to provide clear and useful recommendations for the design, construction, review, and approval of mixed -use development in the City of Rosemead. These guidelines are a reference point for a common understanding of the minimum tangible design expectations. They are presented as a collection of images with text being minimized to best illustrate the design details that embody the vision for new development. The guidelines are offered as one way of achieving attractive and functional projects that will realize the goals of both the City and the development community. Architects, designers, and developers are urged to become familiar with the design guidelines for mixed -use. They are to be applied to the design of projects from the very beginning to ensure that the design, review, and permitting processes are as efficient as possible. Architects, designers, and developers are also urged to recognize that these guidelines are a minimum starting point for quality development. It cannot be claimed that these guidelines encompass every conceivable technique for achieving a high level of design quality. Designers are encouraged to use their own creativity and local experience to implement the highest quality of design. The architect is cautioned that failure to follow the guidelines may result in a protracted review period. circumstances, one guideline may be relaxed in order to accomplish another, more important guideline. The overall objective is to ensure that the intent and spirit of the design guidelines are followed and to attain the best possible design. Context for Development The City of Rosemead is largely built out and most, if not all, mixed -use development in Rosemead will be infill projects. Therefore, each project needs to be reviewed on it's own merit and with sensitivity to issues pertinent to the individual project. Sensitive elements like adjacency issues (especially when mixed -use is proposed next to single - family residential), parking limitations, the opportunity to consolidate lots large enough to accommodate compact mixed -use projects, and zoning issues (e.g., location and number of parking spaces, allowed /conditionally allowed, and prohibited uses that make sense to the site in question, etc.) all need to be carefully considered by the Rosemead Planning BepaFtrmem Division, Planning Commission, City Council, and Design Review consultants. These design guidelines are meant to be used in concert with the City of Rosemead Municipal Code and form a basis for evaluating projects. However, they should not be considered the definitive source for planning decisions. Meaning of "should" "shall" "will" "encouraged" and "discouraged" Guidelines that embody the word "should" are intended to be applied as stated. However, an alternative measure may be considered if it meets or exceeds the intent of the guidelines. The design guidelines may be interpreted with some flexibility in their application to specific projects, as not all design criteria may be applicable to each project. In some Guidelines using the words "shall" or "will" are mandatory and must be included in the project's design. Guidelines using the words "encouraged" or "discouraged" are desirable or undesirable, but are not mandatory. Use of illustrations and photos The images used to illustrate the guidelines should be reviewed in reference to the specific guideline the image is associated with and not with all the guidelines within the document (i.e., an image used to illustrate an encouraged building material may also contain a site condition that is not encouraged). The intent is for the reader to focus on the portions of each graphic highlighted with the caption, callouts, and associated text. Additionally, though an image may only illustrate a portion of the guideline it is associated with, the intent of the entire guideline should be met. The illustrations and photographs depict examples or options for implementation of a recommended policy. Who Are These Guidelines For? Property Owners The guidelines provide property owners and project architects with a clear understanding of the design elements that are desired for new mixed -use development projects and for reconstruction and remodeling of existing mixed - use projects in Rosemead. This document will work in conjunction with the zoning provisions of the City of Rosemead Municipal Code and will provide a clear set of expectations and responsibilities for property owners, developers, and architects. Design Professionals and Developers The guidelines provide a narrative, illustrative, and graphic direction for construction. The guidelines will serve as an informational tool that can provide a link between the property owner and the designer or developer and will clarify the elements of desirable quality design. city staff City staff will use the guidelines to assist applicants and their representatives with project processing. The guidelines serve as the basis for evaluating proposals for quality of design. Review Bodies The guidelines provide the City of Rosemead Planning Commission, City Council, and other reviewing bodies with a basis for evaluating quality of design for an applicant. Organization and Content The design guidelines identify salient elements of a comprehensive design policy, and serve as a framework for each individual project. Adherence to these guidelines will help to ensure Rosemead's mixed -use projects develop in a sensitive manner, are respectful of adjacent properties, and exhibit the degree of architectural and design integrity as is desired and required by the City. Ultimately, the goal of these mixed -use design guidelines Is to ensure that the new infill mixed - use properties in Rosemead are a source of tremendous pride for City residents, and create an environment that compels people to live, shop, and spend time there. chapter two design guidelines The following are design guidelines to be utilized by the City's Planning Derya+#memf Division and Cher review bodies as mentioned in chapter one when evaluating and approving mixed -us developments. Overall goals: 1. To provide the resident with a high quality living environment; z. To protect the pedestrian and enhance the pedestrian environment and scale; 3. To design parking that not only meets parking requirements, but also promotes safe interaction between vehicles and pedestrians; a. To ensure that retail /commercial uses on the ground floorserve the community (e.g., restaurants, retail, etc.). Office uses are not encouraged on the ground floor; S. To ensure compatibility between adjacent uses, especially single - family residential, othe mixed -use projects; and ultimately 6. To encourage high quality mixed -use infill development that is comprised of residential, office, entertainment, and commercial uses. Figure 1.01 Photograph depicting the overall goals of the Rosemead design guidelines. chapter two 2.1 public realm and the pedestrian environment Intent. The public realm and pedestrian environment includes the areas that are in public ownership, such as streets, sidewalks, and open space. It is critical, that in the public realm, emphasis is placed on creating a safe and suitable pedestrian environment. It's important to note that furnishings, lighting standards. landscaping, and even architectural design are all elements of the public realm that when planned together have the potential to create an inviting environment and can ultimately establish a strong identity for Rosemead. Particular attention is to be paid to the design of new and replacement sidewalks, crosswalks, use of storefront displays and merchandising to promote pedestrian traffic, and provision of sidewalk dining areas. Design Guidelines: A concrete sidewalk shall be provided with a clear pedestrian passageway that is at least seven - feetwide, free of encroachment by landscape features, street furniture, and other obstructions. (Figure 2.02) Existing street trees should be placed in tree grates appropriate to current tree dimensions as determined by eity —Perks the Urban Forester and level with sidewalks to ensure that they are ADA compliant. Where sidewalk dimensions allow, 36 24= inch box street trees should be planted approximately 49 M feet apart in five -foot square tree grates adjacent to the curb. If trees placed in the ground interfere with underground utilities, trees in planters with irrigation should be located curb adjacent. Figure 1.01 A safe and friendly pedestrian environment encourages people to walk, shop, and linger. Figure 2.03 a +b Pedestrian amenities including public art should be incorporated where possible and practical. Figure 1.04 a +b Mature trees in appropriate tree wells help generate a feeling of permanence for the new project. ch apte r design guidelines Street trees along major streets and boulevards should be planted in tree wells with metal or concrete grates that are landscaped with materials approved by the City. (Figure 2.04) Street trees and ground cover may be planted in parkways adjacent to the curb where appropriate. Plant materials specified for the pedestrian realm and the public open space areas are subject to City approval. Utilities shall be placed underground whenever possible. Appropriate pedestrian amenities should be provided (e.g., outdoor seating, bus waiting areas, trash receptacles, bicycle racks, public art, potted plants, etc.). (Figure 2.03) Public art should be incorporated into the public realm wherever practical and possible to promote a heightened aesthetic, provoke interest, and send the message that Rosemead is a great place to visit. (Figure 2.03) Providing overhead cover for pedestrians is encouraged (e.g., fabric awnings, projections from the building, umbrellas, etc.). (Figure 2.05) Uses that activate the public realm, such as restaurants and cafes that have outdoor dining are highly desirable. Outdoor seating, dining, and even retail displays help create an inviting pedestrian zone. (Figure 2.06) Figure 2.06 o +b Outdoor dining is a great way to enliven the pedestrian environment. Figure 2.05 a,b+c Awnings provide shelter from the elements and help to create the desired aesthetic. 2.2 site design Intent: One of the most important elements of mixed - use infill development is the way the project is integrated physically and functionally into the public realm. Site design and orientation shall enliven the public spaces that are adjacent to them, encourage pedestrian activity, and strengthen the link between the businesses and residences. Design Guidelines: Buildings should be constructed near or along the front property line(s). Zero setback from the front property line(s) is encouraged. Variations in zero setback from the property line(s) may be appropriate when the resulting setback provides greater accommodation for pedestrian movement, sidewalk dining areas, enhanced entries, and enhances the pedestrian environment overall. (Figure 2.07) Outdoor space should not be the result of the unusable space between buildings. Outdoor space must be appropriately scaled for its use and be safe and secure. (Figure 2.08) To encourage pedestrian activity on the ground floor level of a building, landscaping, shade trees, and benches should be incorporated into the site design as well as outdoor dining areas. If loading and service areas cannot be accommodated within the building and completely concealed from view, then Duffel piontJng Continuous movement L 4a --✓'- .M Buildings Oct for clusfar pcUeslr7an occess Provide Pkirm to the spree to me sweet Gooa pfstance from Mtersectnon Figure 1.08 Outdoor spaces should be integrated into the site design. Figure 2.07 Buildings should be placed along the front setback to provide the desired pedestrian environment. ch apte r design guidelines r LWOIit .�yurlca mxraxa � II � � � oAC�ISAiA Ax016A1EA •1&uuxvwvvxlx� Insva.An wx •MMIWINOIWJrG PTAM1iCI Ai DWOUMM LAYOUT .. - -A . nulxlxr. rl2:i Cr:OT II _pp�Anx . AUirnAxolr..vauc 1d, NrovrO Sl'Lxn r J .ranrAUUeo¢nrrc Ara _.� Figure 2.09 A successful site design locates service areas and parking to the rear of the building. Figure2.10 a +b Examples of successful ways to screen utility equipment from view. Figure 2.11 permeable surfaces are both aesthetically pleasing and environmentally friendly alternatives to traditional surfaces. these areas shall be located to the rear of the site and designed for minimal visual impact and ease of trash and recycling collection. (Figure 2.09) n When trash enclosures, loading docks, utility equipment, and similar uses are visible from a side street or neighboring property, they should be screened with a decorative masonry wall made of similar material to the building. Incorporating a solid roof over the trash enclosure is encouraged. (Figure 2.10) Pervious paving materials (e.g., crushed stone, open paving blocks, pervious paving blocks, etc.) compatible and complementary landscaping materials, and underground water retention may be used in plazas, courtyards, walkways, and parking areas. Pervious paving materials should not be used in the public right -of- way. (Figure 2.11) publiesefefy- Utility lines within the right - of -way shall be placed underground to the maximum practicable. Underground utilities eliminate visual blight and enhance the quality of the public realm. Full height walls, over 6 feet in height, should be avoided, but if necessary, vines, tall shrubs or other landscaping shall be planted for screening. 2.3 building design Intent: Mixed -use projects should take their architectural design cues from traditional urban environments. Appropriate building scale, height, and massing, along with high quality detailing, articulation, and materials will engage the pedestrian and be viewed as a positive addition to the public realm. Each project should possess a distinguishable identity and identifiable design. Figure 2.13 a,bc +d Ground floor residential should have raised entries forprivocy and to create variation in the public realm. 2.3.A Commercial + Residential Guidelines Commercial Uses The front of the building should have active commercial uses. Parking, mechanical, storage, etc. are not encouraged along the street edge. (Figure 2.12) feet -o-At least 30 percent of the linear square footage on a major arterial (excluding driveways and pedestrian connections) should be designed to accommodate pedestrian-oriented, neighborhood serving uses and be ADA compliant (e.g., retail, restaurants, etc.). The minimum depth of these uses should be 25 feet. Residential Residential on the ground -floor fronting the pedestrian realm should be located a minimum of two feet and a maximum of three feet above the sidewalk level for privacy. All residential designs must accommodate ADA Standards for Accessible Design. Other privacy measures, such as, articulated facades, awnings, elevated steps and entrances, recessed windows, doors, and patios, should also be incorporated in the design. (Figure 2.13) Residential spaces that are innately less private (e.g., lobbies, exercise rooms, living rooms, or dining areas) should face the street while more private areas (i.e., bedrooms) should be sensitively located in the rear of the building or on upper floors. Figure2.11 First floor uses should be pedestrian-oriented. ch apte r design guidelines 2.3.B Street Environment+ Building Frontage Building plans, facades, and architectural details should be designed to create visual interest at the street level (e.g., staggering the frontage of the building, recessing doors and windows, providing awnings and canopies for weather protection and scale, and visually extending interiorspaces outside through paving and glazing to create the concept of an indoor /outdoor room, etc.). (Figure 2.14) Figure 1.15 a +b Facade treatments at intersections should be holistic and continue on all sides of the buildings visible from the street. 1 Ili rl� 1 Projects located at intersections should ensure the design treatments are continued around the corner and that an appropriate transition between the project improvements and the adjacent public and private improvements is provided. (Figure 2.15) Development located at signalized intersections of major streets should include pedestrian - oriented, community- serving commercial uses. (e.g. bookstore, coffee shop, local market) Wheige possible, Lots shall be consolidated along corridors to ensure a mixed -use project is at least 19968 30.000 square feet. This allows for heightened design criteria, more efficient design, and an improved pedestrian experience. (Figure 2.16) When consolidating lots, new development should respect the existing fabric of the community by reflecting historic mixed - use development patterns through the use of building indentations, breaks in buildings for open space, changes in color to avoid monolithic and monochromatic developments, etc. Figure 2.14 Varying street facades, architectural treatments, and styles creates a fun, dynamic environment. 2.16 A lotof sufficient size ( 30.()00 sq.R. minimum) allows the designer to create a project that is interesting and displays heightened design criteria. 2.3.0 Building Elements building form + articulation Large, mixed -use projects with frontages greater than 40' should incorporate traditional massing and facade techniques such as: 1. dividing the facade into modular bays every 25'; (Figure 2.17) 2. creating opportunities for relief and variation in both the vertical and horizontal plane with recessed and /or projected areas; 3. using traditional architectural detailing (i.e. ornamentation, window placement), changes in materials and /or colors as opportunities to bring a human scale to a larger frontage. Rear walls and elevations visible from the public right -of -way should be designed to maximize visual appeal by using vertical and horizontal plane breaks. Avoid overarticulation that may look forced or unauthentic. Windows on upper Floors should be proportioned and placed in relation to grouping of storefront or other windows and elements in the base floor. Windows should have a vertical emphasis. The windows on upper store facades should be double - hung, tall and narrow in proportion, and spaced appropriately. (Figure 2.18) The design and positioning of street facing balconies should be compatible with the design of the building (e.g., relate to overall massing, window placement and proportion). Balconies having some inset aspect are encouraged, and should not appear to be an afterthought. (Figure 2.19) 7� t i Figure 1.17 Buildings with larger floor plates should be divided into smaller, human -scale modular bay every 25: Figure 1.18 Windows on upper floors should be compatible with windows and openings on the first floor. Figure 2.19 Balconies on upper floors should be designed with special care and attention to detail to ensure that it adds to rather than detracts from the building. chapter two building zones: "base ", "middle ", + "top" Traditionally, downtown buildings have been designed with the concept of a building having a distinct "base ", "middle ", and 'top ". Today, this concept still holds true to both traditional and more modern /contemporary facades. Making sure that all new projects follow this concept is one of the most important aspects in creating a human - scaled public realm. (Figure 2.20) " The area where the first floor commercial base meets the second floor uses above should be clearly defined with a strong cornice, sign band, change in materials or colors, awning or canopies. (Figure 2.21) The fee! 5hetild be flat. , apps; priete. Flat roofs are preferred and shall be screened with parapets on all sides of the building. Where architecturally appropriate slope roofs shall provide articulation and variations to divide the massiveness of the roof Special corner elements, entrance area massing, and similar conditions may require the roof to vary from the suggested flat roof form. (Figure 2.22) The building should have a defined and significant top edge and a perimeter parapet to stylistically define the building. Figure 2.20 Buildings that follow the 'base" 'middle', 'top' concept are pedestrian - friendly and result in a human- scaled public realm. Figure 1.21 A strong cornice treatment separates commercial uses on the first Boor from residential above. Figure 2.22 Roofs are an opportunity to incorporate architectural design elements. However, overall roof forms should be Rat. chapter two building entries + access To promote active, pedestrian - friendly streets, each individual tenant or business establishment and residential lobbies should be oriented to and accessible from the major street frontage and directly accessible from the public sidewalk. (Figure 2.23) Where possible, primary entrances should be located at the building's corner. Corner entries on major intersections, allow opportunities to activate the street and intersections. (Figure 2.23) signage Building signage should comply with the and — Section 17.194 17.74.050(EI(4) of the Rosemead Municipal Code. Building signage should be integral to the facade design, placed in the sign band above the first floor windows or on blank wall areas specifically intended for signage. Signage will be limited to the street level and will not be allowed on second floor windows or higher. Signage can be internally illuminated individual letter signs or externally illuminated traditional board signs. Internally illuminated box signs, temporary and /or excessive window signs, neon signs, florescent signs, and cloth /plastic banners are not allowed. (Figure 2.24) Figure 2.23 a,b +c The location and design of the building entry can greatly contribute to the quality of the public realm. Figure 2.24 Signage is a great opportunity to create a special place and environment. Signage can make or break a project and is a very important design element. chapter two building materials + finishes I *Oki Figure 225 Recommended material palette for Rosemead should promote a heightened aesthetic but also be graffiti resistant. Figure 2.27 In areas thatare moreprone to vandalism, higher quality materials can be used on the upper floors. A well- defined "base" provides scale and articulation at the pedestrian level. The "base" should consist of traditional, thicker walls along with high quality, durable, and easy to clean materials and finishes. Special materials that will reduce the incidence and appearance of graffiti (e.g., granite, marble, polished stone, and other metal panels) should be utilized as accent materials on the building's "base." (Figures 2.25 and 2.26) Upper floors that are less prone to vandalism should utilize high quality finish materials of traditional downtown mixed -use projects (e.g., brick veneer, smooth troweled stucco, etc.). (Figures 2.25 and 2.27) High - quality materials convey a sense of permanence and impart to the community that the building is well cared for and respected. Materials and colors should be selected to unify the building appearance and fit into the pedestrian context. Avoid overly vibrant colors and monochromatic color palettes. (Figure 2.25) The following materials are inappropriate because they do not uphold the quality or lifespan that is desirable for new development. 1. Mirrored glass, reflective glass, or heavily tinted glass; 2. Glass block; 3. Vinyl siding; 4. Utility, decorative scored or split - faced block (split face block might be considered at the base up to no more than 2' /x feet above the sidewalk). Figure 226 This building illustrates thicker walls at the base and the use of high - quality materials. 2.4 building height Intent: Building height must be sensitive to the context of the site and consider adjacent uses and be consistent with the City of Rosemead Municipal Code. Design Guidelines: 1 4 mww w The first floor height to the finished ceiling should be at least 14 feet to ensure appropriate scale of the base of the building in relation to the upper floors. Building height should transition from the maximum building height to a lower height when directly adjacent to a single - family residential zone. Floors above the main floor will be required to be stepped back when adjacent to single - family residential. Variations in building height and massing as well as articulated facades are strongly encouraged as they contribute to community image, provide a human scale, and improve the pedestrian experience. (Figure 2.29) Figure 2.29 Varying building height helps promote human - scaled development and a friendly pedestrian- oriented environment. chapter two �i cM 1C^ I � 1 i L $YCNZFWW COMMYENr5 1 7Ypm. VWW wolb w sutttww Figure2.30 Thestorefmntis the mostimportantarchitectural feature of many mixed -use buildings. I W 2.5 storefront Intent: It is important that storefront design is reflective of the building's overall architectural style, yet highlights the individual character and personality of the use within. A successful storefront with inviting display windows will attract passersby and contribute to the overall quality of the streetscape. Design Guidelines: Ideally, a well- designed storefront facade is comprised of: an inviting recessed entry door, transparent display and transom windows and /or doors that allow shoppers to view into the retail or commercial space, bulkheads beneath the windows to mirror traditional development, piers that frame the windows and /or door openings, and a decorative cornice treatment. (Figure 2.30) At least 50 percent of the ground floor facade of a commercial /retail use should be devoted to transparent windows and /or doors (Figure 2.31). Windows should be large glazed panels, possibly with small transom. Window patterns should have a slight inset and not appear flat. Glass shall be clear, (88% light transmission) and not heavily tinted. Storefront design comprised of a lower bulkhead not exceeding two feet above sidewalk grade is generally most appropriate. Intersections provide great opportunities to showcase unique and interesting storefront facades. (Figure 2.32) Figure 2.31 Storefronts should be open and welcoming. Figure 2.31 This comer storefront facade is inviting and exciting to those who walk and drive past. 2.6 lighting Intent The basic requirement of lighting is to make the pedestrian environment safe and secure. However, lighting design can enhance a building's architecture and highlight important design features (e.g.. entrances, towers, etc). (Figure 2.33) Design Guidelines: Parking and security lights will not be obtrusive to neighboring residential properties. Lighting shall be fully shielded to minimize glare and painted to match the surface it is attached to. Light fixtures shall be architecturally compatible with the structure's design. Structure entrances should be well lit. Lighting and trees should not conflict with one another. The lighting of building elements and garden walls is an effective and attractive lighting technique that is encouraged. However, light sources for wall washing and tree lighting should be hidden. The design of exterior parking lot lighting fixtures shall be compatible with the architecture used in the development and not be on poles over 25 feet high. ■ l 1 9 Figure 1.33 Examples of appropriately scaled and designed lighting that will add to the overall aesthetic of the project and set the proper tone. ch apte r design guidelines Figure 2.34 This semi - private area is for residents and visitors only, not open to the public. Figure 2.35 a +b Public gathering spaces for the entire community to use promotes a pedestrian friendly and welcoming environment. 2.7 common areas /open space Intent: Both private and semi - private outdoor spaces should be incorporated in mixed -use developments. Private outdoor courtyard areas for residents only are strongly encouraged. Semi - private plaza areas for visitors should also be provided in areas adjacent to the retail/ commercial uses. Design Guidelines: Common semi - private recreational areas should be centrally located and preferably be designed as courtyards or outdoor rooms. Outdoor recreational furnishings, community amenities, public gathering spaces, trees, shrubs, and trellises for shade should be provided where appropriate. (Figure 2.34) feet, A useable open space or public gathering place accessible to the community (e.g., a pocket park, reef garden, expanded waiting area adjacent to a bus stop, etc.) is eneaereeged shall be provided Public art is a nice added touch, and is also required (Figure 2.35) Open space areas should incorporate both sunny areas and shaded areas, and be designed as an integral aspect of the site design - not be an afterthought. chapter two 2.8 compatibility with adjacent properties Intent: Site design shall respect adjacent buildings through consideration of mass, rhythm, scale, setbacks, height, building materials, texture, and related design elements. Design Guidelines: To ensure and protectthe privacyof residents in adjacent single - family _ residences, windows in mixed -use projects s hall not directly face windows of residential units on adjacent lots. Windows facing single - family homes and within 15 feet of the property line, should be designed as either translucent, louvered, offset from existing single - family windows, located at least five -feet above the floor of each level, or use another solution that satisfies the overarching goal to protect the quality of life for those who live in the adjacent single- family residences. (Figure 2.36) Upper floors of mixed -use buildings should be stepped back when adjacent to single - family residences. (Figure 2.37) Mixed -use projects should be designed to minimize vehicular circulation on streets through local single - family neighborhoods. Guest parking areas should be located and designed to be convenient in order to minimize spillover to adjacent residential neighborhoods. Parking for residents, V �V � ! 7. 0 0W VA Figure 1.36 a +b Window coverings provide privacy for both residents in mixed -use buildings and those in adjacent single - family homes. mixed -use building single - family residential Figure 2.37 Mixed -use buildings that are adjacent to single - family residential should be stepped back for additional privacy. visitors, and /or employees should be accommodated onsite or on adjacent public streets that are not serving single - family residential. chapter two It is essential that parking and loading/ unloading areas do not create stacking/ queuing issues at ingress /egress points. Site design plans must ensure that adjacent streets and neighborhoods are not adversely impacted by vehicles entering and leaving the site. Facades and garages that face existing single - family homes should be designed to be compatible with the setbacks and scale of the existing development. The mixed -use project shall consider how it relates to the area and community surrounding it. The design of structures should complement the street pedestrian realm by incorporating and /or interfacing with plazas, pocket parks, public gathering spaces, street furniture, and landscaping. The design shall clearly delineate between public space and private space. • To integrate new buildings with the existing urban fabric, new buildings are encouraged to incorporate passageways and attractive plaza areas between buildings that allow light to reach adjacent buildings. (Figure 2.38) • Parking should be separated from adjacent residences and buildings by no less than five feet. (Figure 2.39) Figure238o +b Outdoorgathering spaces and walkways are encouraged. Figure 239 This photo illustrates on unfavorable relationship between parking and residences. It is recommended that separation should be at least five feet between the two. chapter two 2.9 parking Intent: Parking for mixed -use projects shall be sensitively designed to ensure that adjacent properties are not impacted by new mixed -use infill development. Parking structures, tuck under parking, parking in the rear of the structure, and other creative solutions to providing parking are recommended, (i.e., access of parking structures and areas by alleys and side streets is encouraged). Design Guidelines: Customer and tenant parking should be provided on- street, at the rear of buildings, in off - street parking lots or adjacent parking lots. Whenever possible, parking structures should be placed behind the mixed -use project. Mixed -use projects that accommodate parking in parking structures must provide secure separate parking spaces for the residential units. It is recommended that the secure residential spaces be accessed via a gate code or other security mechanism. Surface lots should have assigned spaces that are ADA compliant and are handicap accessible. Larger parking structures should be mixed - use with non - parking uses fronting on street level to adjoining streets. (Figure 2.40) Parking should be provided on -site whenever possible, either in parking structures or landscaped surface parking lots located to the rear. (Figure 2.41) Figure 240 Incorporate retail or other compatible uses on ground floor whenever possible. Figure 1.41 o +b Parking is contained to the site and is in a structure accessed from the rear of the building. ch apte r design guidelines Figure2.42 a,b+c Pedestrian paths are accented with pavers, landscaping, shade trees, and appropriate lighting. I! " M Figure 1.43 Examples of efficient appropriate and attractive ways to screen parking structures from view. Figure 2.44 Bicycle parking areas need to be integrated into the site design. Parking should be secure, close to the entry, and ifpossible sheltered from the elements. Where practical, angled parking should be provided in front of ground floor retail/ commercial uses. Parking should be conveniently located near non - residential uses. Parking lots visible from the street and pedestrian areas should incorporate landscaping treatments (e.g., trees, shrubs, groundcover, etc.). Masonry walls are strongly encouraged. Larger parking lots that are not parking structures should also incorporate landscaped medians where appropriate. (Figure 2.42) Centralized parking decks /courts within the mixed -use development or below -grade parking should be provided in projects that have a density of 30 units per acre or higher. Parking access should be taken directly from an alley. Adjacent properties should be adequately screened from the parking structures and lots. (Figure 2.43) Opportunities for bicycle parking in mixed - use projects need to be provided. Bicycle racks should be in public view, close to building entrances, with high visibility and good lighting. Where possible, bike racks should be covered. (Figure 2.44) 2.10 access Intent: Avoid and reduce conflicts between pedestrians, vehicles, utility poles, lines and equipment. 41 y I i r a: T .. I i dR , Design Guidelines: Minimize the number of curb cuts to make the sidewalks and pedestrian areas safer and more walkable. Consolidation of building sites is encouraged to reduce the number of access drives from major roadways, and shared driveway access is encouraged whenever practical to further reduce vehicle /pedestrian interactions and safety concerns. (Figure 2.45) Vehicle access should be provided from the side streets Sind adjacent alleys, and parallel streets whenever possible. Traffic calming techniques should be provided to minimize intrusion of traffic into adjacent neighborhoods. where side streets and alleys er- parallel streets are not available, driveway access should be limited to no more than one 20 -foot wide driveway per 299 QQ feet of building frontage. (Figure 2.46) Improvements in the public right -of -way and pedestrian realm shall implement streetscape improvements (i.e., landscaped medians where appropriate). Pedestrian crossings at arterials should include items (e.g., curb extensions at intersections, decorative crosswalk paving, shortened turning radii for cars, approved landscaping treatments, pedestrian lighting, bus shelters, etc.). (Figure 2.47) shared parking and reciprocal access agreements are encouraged Figure 1.45 Minimize pedestrian and vehicular interaction wheneverpossible. Figure 1.46 Alleys or side entrances should be provided wheneverpossible. Figure1.47a +b Attractivepublicright- of- woyimprovements set the correct tone. Streetscope elements are crucial design elements in a successful mixed -use project chapter three 3.0 glossary The following terms are meant to be helpful to the reader and user. Not all terms will be found in the text. However, they were carefully chosen to aid in the planning and review of mbced -use projects. aesthetics. Characterized by a heightened sensitivity or appreciation of beauty and often discussed in conjunction with view impacts. accessibility. A means of approaching, entering, exiting, or making use of; passage. The right to approach, enter, exit, or make use of; often used in the form of disabled accessibility. alleys. A narrow sheet or passageway between or behind a series of buildings. amenities. Something that contributes to physical or material comfort. A feature that increases attractiveness or value, especially of a piece of real estate or a geographical location. apartment. A dwelling sharing a building and a lot with other dwellings and /or uses. Apartments may be for rent or for sale as condominiums. arcade. A roofed passageway or lane. A series of arches supported by columns, piers, or pillars either freestanding or attached to a wall to form a gallery. architectural element. An integrated component of the design of a building, including walls, windows, entryways, rafters, roofs, neon bands, and other physical components. architectural type. A structure defined by the combination of configuration, placement and function. The types used in the document are as follows: duplex. Structures for multiple dwelling forms that are architecturally presented as large single - family houses in their neighborhood setting. live -work. An integrated residence and working space, occupied and utilized by a single household in a structure, either single -family or multi - family, that has been designated or structurally modified to accommodate joint residential occupancy and work activity. multi- family residence. A structure containing multiple residences. articulation. The small parts or portions of a building form that are expressed (materials, color, texture, pattern, modulation, etc.) and come together to define the structure. asymmetry. Irregular correspondence of form and configuration on opposite sides of a dividing line or plane or about a center or an axis; having unbalanced proportions. atrium. A dramatic enclosed glass - roofed indoor space typically associated with high -rise hotels and office buildings. attached. Joined to or by a wall, especially by sharing a wall with another structure; not freestanding. awning. A roof -like structure, often made of canvas or plastic, that serves as a shelter, as over a storefront, window, door, or deck. balcony. A platform that projects from the wall of a structure and is surrounded by a railing, balustrade, or parapet. barrel tiles. Rounded clay roof tiles most often used on Spanish -style houses. Usually red but are often available in many colors. beautification. The transformation of barren or uninteresting spaces, buildings, structures, forms, into a comfortable and attractive place or environment. berm (berming). An artificially raised area of soil or turf intended to screen undesirable attributes of a project or site. bicycle path. A dedicated area, paved with a variety of materials (e.g., asphalt, decomposed granite, bark, etc.),that is not accessible by automobile traffic and is often shared with pedestrian traffic, and sometimes accommodates equestrian use. chapter three block The aggregate of private lots, passages. common drives, and lanes, often bisected by thoroughfares (i.e., alleys or driveways). breezeway. A roofed area usually found between a garage and house proper or between commercial and industrial buildings and designed to provide shelter for outdoor comfort. brick. A regularly shaped piece of clay hardened in the sun or by the heat of a kiln and intended for building. buffer. A term often applied to landscaped areas separating incompatible land uses. Can also mean an area of a "transitional" land use that lies between two incomparable land uses. building height. The vertical distance from the adjacent grade to the highest point of a structure or other object, Height limits to not apply to masts, belfries, clock towers, chimney flues, and similar structures other than a building with a pitched roof. building placement. The maximum envelope available for placing a building on a lot. build -to line. The line where construction of a building facade is to occur on a lot. A build -to line runs parallel to, and is measured from, the front property line and is established to create an even (or more or less even) building facade line on a street. canopy. A protective roof -like covering, often of canvas, mounted on a frame over a walkway or door or niche; often referred to as an awning. cantilever. A projecting element, such as a beam or porch, supported at a single point or along a single line by a wall or column, stabilized by counterbalancing downward force around the point of fulcrum. clerestory window. A window (usually narrow) placed in the upper walls of a room to provide extra light. clinker brick. A very hard burned brick, so called from it's metallic sound when struck; a Dutch or Remish brick. colonnade. A row of columns forming an element of an architectural composition, carrying either a flat topped entablature or a row of arches. column. A supporting pillar often consisting of a base, a cylindrical shaft, and a capital. complement. In new construction, it means to add to the character of the area by attempting to incorporate compatible architectural styles, setbacks, height, scale, massing, colors, and materials. coping (cap). A flat cover of stone or brick that protects the top of a wall. corbel. A projecting wall member used as a support for some elements of the superstructure, or courses of stone or brick in which each course projects beyond the course beneath it, or two such structures, meeting at the topmost course creating an arch. cornice. A horizontal molded projection that crowns or completes a building, wall, or sign. court. An extent of open ground partially or completely enclosed by walls or structures; a courtyard, or a short street, especially a wide alley walled by structures on three sides, or a large open section of a structure, or a large structure, such as a mansion, standing in a courtyard. curb. The edge of he vehicular pavement detailed as a raised curb or a Swale. The curb usually incorporates the drainage system. cupola. A small, dome -like structure, on top of a building to provide ventilation and decoration. curb. A stone or concrete boundary usually marking the edge of a roadway or paved area. curb cut. The elimination of a street curb to enable increased access to crosswalks /sidewalks, entry driveways or parking lots. density. The number of individuals, such as inhabitants of housing units, per unit of area. The quantity of something per unit measure, especially per unit length, area, or volume. chapter three detached. Standing apart from others; separate or disconnected. detached garage. A garage that is completely surrounded by open space or connected to a structure by an uncovered terrace. detail. An element of a structure such as trim, moldings, other ornamentation or decorative features. developable areas. Those areas of a site that are not designated Open Space. dormer window. A vertical window that projects from a sloping roof placed in a small gable. driveway. A vehicular lane within a lot, usually leading to a garage. A driveway may be used for parking, providing that it is no more than 18 feet wide. eave. The projecting lower edge of a roof. eclectic. Selecting or employing individual elements from a variety of sources, systems, or styles. elevation. An orthographic view of the vertical features of a structure (front, rear, side, interior elevation(. enhancement. To make better either functionally or in appearance. entrance (principal). The principal point of access of pedestrians to a building. The principal entrance should be accessed by the street frontage as opposed to the parking area. espalier. A trellis of framework on which the trunk and branches of fruit trees or shrubs are trained to grow in one plane. eyebrow window. A small, horizontal, rectangular window, often located on the most uppermost story and aligned with windows below. facade. The entire exterior side of a structure; especially the architectural front, sometimes distinguished from the other sides by elaboration of architectural or ornamental details. fascia. A flat, horizontal member or molding with little projection. faux. A simulation orfalse representation of something else, as in faux wood or stone. fenestration. The stylistic arrangement of windows in a structure. fieldstone. A stone used in its natural shape and condition. floor area ratio (FAR). The gross floor area of all buildings on a lot divided by the lot area. focal point. A structure, object, or natural element in a street -scene that stands out and serves as a point of focus, catching and holding the viewer's attention. four -sided architecture. The full articulation of building facades on all four sides of a structure, including variation in massing, roof forms, and wall planes, as well as surface articulation. See 360- degree architecture. frontage line. Lot lines that coincide with a public frontage line. Facades along frontage lines define the public realm and are therefore more highly regulated than the elevations that coincide with other lot lines. gable roof. A ridge roof slopes up from only two walls. A gable is the vertical triangular portion of the end of a structure from the eaves to the ridge of the roof. gambrel. A roof where each side has two slopes; a steeper lower slope and a flatter upper one; a 'barn roof." Often found in Colonial revival houses in the "Dutch" style. gutter. A shallow channel of metal ovood that is set immediately below and along the eaves of a structure for catching and carrying rainwater from the roof. hardscape. Areas that water do not easily penetrate. Surfaces that are not landscaped (e.g., sidewalks, streets, building pads, etc.). hedge. A row of closely planted shrubs or low - growing trees forming a fence or boundary. hipped roof. A roof that is sloped on all four sides. historic. Having importance in /influence on history homogeneity. The state or qualify of being the same. human - scale. The relationship between the dimensions of the human body and the proportion of the spaces that people use. This is underscored by surface texture, activity patterns, colors, materials, and details. The understanding of walking distances and spatial perceptions at a human scale determines the most positive placement of buildings, and the physical layout of the community. Buildings ranging in height from two to six stories and pedestrian- scaled signs and street lights, textured pedestrian paths, and semi - private spaces enhance this positive scale. Infiil or Irdlll development. Development of vacant parcels within a built -up area. Parks and open space along with residential, commercial, and mixed -use projects are considered infill development since they are permanent uses for vacant parcels. kicker. A piece of wood that is attached to a formwork member to take the thrust of another member. landmark. A building or site that has historical significance, especially one that is marked for preservation. lattice. A grillwork created by crisscrossing or decoratively interlacing strips of material. lintel. A horizontal supporting crosspiece over an opening. live /work unit. A residential use type that combines a dwelling and a commercial space under single ownership in a structure. The residential portion of the unit shall contain at least 400 square feet of gross floor area. The commercial space shall allow activities compatible with residential use with respect to noise, smoke, vibration, smell, electrical interference, and fire hazard, and may include uses such as professional services and offices, and the creation, display, and sale of art, craftwork, jewelry, fabrication of cloth goods and similar activities. [off. A large, usually unportitioned floor over a factory, warehouse, or other commercial, or industrial space. An open space under a roof; an attic or a garret. logo. A name, symbol, or registered trademark of a company, business, or organization. lot line. The boundary that legally and geometrically distinguishes one lot from the next and appear on a Tract Map or Development Permit Site Plan. lot width. The distance between the side lot lines measured at the front setback. mansard. A hip roof, each face of which has a steeper lower part and a shallower upper part. mixed -use development. Development that combines and integrates two or more principal land uses (e.g., commercial, office, civic, or residential uses) with a strong pedestrian orientation. The mix of uses may be combined in a vertical mixed -use building or combined in separate buildings located on one property and /or under unified control. monolithic. Exhibiting massive uniformity monument sign. An independent structure supported from grade to the bottom of the sign with the appearance of having a solid base. mullion. The vertical member separating adjacent windowpanes. muntin. Wood or metal strips separating panels in a window. niche. A recess in a wall. nonconforming use. A land use that no longer conforms with the requirements of zoning regulations, including Specific Plan regulations, or guidelines. parapet. A retaining wall at the edge of a roof, porch, or terrace. parking. To put or leave (a vehicle) for a time in a certain location. paseo. A place that allows for a pedestrian to take a slow, easy stroll or walk outdoors and often between chapter three buildings; often covered or partially covered, The path, series of paths, or walkway along which such a walk is taken. pediment. The triangular space at the end of a gabled roof, usually low in height compared with the use of its base. pergola. An arbor formed of horizontal trelliswork supported on columns or posts, over which vines or other plants are trained. permeable paving. Paving material that allows the passage of water between and through voids in its surface. pedestrian- scale. Refers to building and landscape elements that are modest in size; suitable To average human size. pier. A vertical, non-circular masonry support, more massive than a column. pilaster. A rectangular column with a capital and base, set into a wall as on ornamental motif. pillar. Similar to but more slender than a pier, also non - circular. pitch. To set a specified downward slant (i.e., pitch the roof at a steep angle). plaza. A public square with room for pedestrians and associated activities. pocket park. A very small, lushly landscaped open space often nestled between residential homes, and intended for limited use by local residents only. pole sign. A sign that is elevated from grade by one supporting member, pole, or structure higher than one foot mounted in or upon the ground and independent of support from a building. porch. A covered platform, usually having a separate roof, at an entrance to a building. An open or enclosed gallery or room attached to the outside of a building; a veranda. portico. A structure consisting of a roof supported by columns or piers, usually attached to a building as a porch. preservation. To keep in perfect or unaltered condition; maintain unchanged. To keep or maintain intact. principal building. The main building on a lot, located towards the frontage. proportion. The relationship of sae, quantity, or degree between two or more things or parts of something. redevelopment. Development of a site within an older /established contextual subarea of the City where the site was formerly developed and cleared, or that requires the clearance of some or all of existing structures and improvements prior to new construction. residential. Premises for a long -term dwelling. retail. Premises allocated for the sale of merchandise and food service. retail trade. Businesses (e.g., book and stationary stores, camera shops, clothing and fabric stores, department and variety stores, drug stores, florists, food stores, furniture stores, gift and novelty shops, hardware and paint stores, home furnishings stores, household appliance stores, jewelry stores, liquor stores, music stores, newsstands, pet stores, shoe stores, sporting goods stores, toy and hobby shops and used merchandise stores). reuse. To use again, especially after salvaging or special treatment or processing. rhythm. In urban design, the regular recurrence of architectural or natural elements (e.g., even placing or trees down a street, similar widths and heights of buildings in a street block, etc.). ridge. The horizontal line formed by the juncture of two sloping planes, especially the line formed by the surfaces at the top of a roof. chapter three rise. The vertical distance from one stair tread to the next. riser. The vertical portion of a step. The board covering the open space between stair treads. river rock A stone that has been tumbled and weathered so that its edges become worn and rounded. roofllnes. Various forms to a roof (e.g., pitch, ridge, hip, etc.), often at different angles. roof pftch. Degree of roof slant stated in inches rise per foot. roof span. The distance equal to twice the roof run, or the horizontal distance between the outside faces of bearing wall plates. row townhouse. An unbroken line of houses sharing one or more sidewalks with its neighbors. scale. The proportion of one object to another. "Pedestrian" or "human" scale incorporates building and landscape elements that are modest in size. "Monumental" scale incorporates large or grand building elements. setback The recessing of the upper part of the facade due to the smaller area of the upper floors, or the distance a building is recessed from the property line, curb of the street, or the edge of the sidewalk. shingle. A thin parallelogram of wood, split, shaved, or sawn, thicker at one end than the other; used for covering sides or roofs of structures, about four or five inches of its length being exposed. shed roof. A roof shape having only one sloping plane. shutter. A moveable cover for a window used for protection from weather and intruders. side loading garage. An accessory building or portion of a principal building, located and accessed from the side of the building and designed or used for the parking or temporary storage of the motor vehicles of principal building occupants. sidewalk. A paved walkway along the side of a street. site. One or more parcels of land identified by the assessor's records where an integrated building development has been approved or proposed. The site shall include all parcels of land contained within or identified as a part of the development application. An integrated building development shall include all parcels served by common accessways, driveways, parking, and landscaping. soffit. The underside of a beam, arch, etave, overhang, dropped ceiling, etc. spandrel glass. Non - vision glass available in reflective, patterned, and solid colors. Can be used to give the appearance of having windows. stacked stone. Layers of stone stacked dry usually without the use of mortar and typically wider at the bottom and narrower at the top. stone. A fragment of a rock. stoop. A small porch, platform, or staircase leading to the entrance of a house or building. storefront. The side of a store or shop facing a sheet. stormwafer. Water running on the surface of the ground due to rainfall from a storm event. story. A habitable level within a building of no more than 14 feet in height from finished floor to finished ceiling. Attics and raised basements are not considered a story for the purposes of determining building height. sheetscape. The overall appearance of a street or grouping of sheets in an area and /or the relationship of buildings to the surrounding sidewalk and sheets. stucco. A durable finish for exterior walls, usually composed of cement, sand, and lime and applied whilewet. A fine plaster for interiorwall ornamentation (i.e., moldings). surround(s). The molding that outlines an object or opening. chapter three swale. A man -made feature typically consisting of a vegetated, linear, gently sloping channel used to convey water. Swales direct water to a stormdrain or ditch to keep stormwater runoff from flowing onto neighboring properties. symmetry. Exact correspondence of form and configuration on opposite sides of a dividing line or plane or about a center or an axis; having balanced proportions. traffic. The passage of people, vehicles, or messages along routes of transportation or communication. Vehicles or pedestrians in transit. traffic calming. Techniques that are used to reduce the speed of vehicular traffic (e.g., lane narrowing, sharp offsets, sidewalk bulge -outs, speed bumps, road surface variations, etc.). transit. Conveyance of people or goods from one place to another, especially on a local public transportation systems. transition. A change from one place or state or stage to another. In an urban planning context, a "transition" could describe a step in scale of one development to another. transom. A small window just above a door. trash receptacle. A fixture orcontainerfor the disposal of garbage. Sometimes ornamental in nature. trellls. A system of horizontal joists supported on posts, often designed to support growing plants. Mm. Visible woodwork or moulding that covers or protect joints, edges, or ends of another material (e.g., baseboards, cornices, door trim, window trim. etc.). turf Island. A landscaped area located at the base of a building to buffer the hard edge of a building from a paved surface. turret. A small tower, often at the comer of a building. valley. A low region on a roof between gables. veneer. A thin facing of finishing materials. veneer wall. The covering of wall construction by a second material to enhance wall beauty (e.g., brick or stone over frame, brick or stone over concrete block, etc.). vertical mixed -use building. A multistory building contained a vertical mix of two or more principal uses. windowsill. The flat piece of wood, stone, etc. at the bottom of a window frame. window types awning. Top hinged. bay. Extends beyond the exterior face of the wall. bow. Projected window with a curved surface often in the glass itself. casement. Side hinged. combination. The integration of two or more styles into one unit. double hung. Two sashes, vertical sliding. hopper. Bottom hinged. horizontal siding. Two or more sashes designed to slide over one another. jalousie. Glass slats (Venetian blind principle) with hand crank to open. orlel. Windows that project from an upper story, supported by a bracket. picture window. Fixed sash. yard. A private area that adjoins or surrounds a building. this page intentionally left blank ORDINANCE NO. 890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT 10 -03, ADDING THE C-4 REGIONAL COMMERCIAL ZONE AND CHAPTER 17.46 TO THE CITY'S MUNICIPAL CODE TO ESTABLISH DEVELOPMENT STANDARDS FOR THAT ZONE. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . Findings. The following findings are adopted in support of the addition of Chapter 17.46 "C-4 Regional Commercial" zone to the Rosemead Municipal Code by the City of Rosemead to regulate land designated High Intensity Commercial in the City's General Plan. A. The City Council of the City of Rosemead recently adopted an amendment to the Land Use Element of the General Plan, which established a new High Intensity Commercial land use designation. B. The High Intensity Commercial land use designation consists of approximately 19.2 acres within two project areas in the City, and its goals and policies envision redevelopment of these project areas into cohesively planned sub - regional commercial centers that provide goods and services in a larger retail form, with ancillary smaller retail uses supporting the sub - regional commercial uses. C. The current Zoning Code does not provide provisions for high intensity commercial developments, and approval of such projects could have substantial adverse health and safety impacts on the community if they are not regulated with specific development standards. Adoption of these development standards in conjunction with creation of the C -4 Regional Commercial zone will bring the zoning code into conformity with the General Plan. D. The City wishes to adopt regional commercial development standards to ensure careful regulation and well- designed projects through effective land use planning. E. The proposed amendment ensures and maintains internal consistency with all of the objectives, policies, general land uses, programs, and actions of all elements of the General Plan. The amendment does not conflict with current General Plan policies, objectives or programs. Exhibit B 1 F. The proposed amendment would not be detrimental to the public convenience, health, safety, or general welfare of the City. G. The proposed amendment will not have significant adverse effects on the environment. Section 2 . The Rosemead City Council adopted a General Plan update and certified an accompanying Program Environmental Impact Report (Program EIR) on October 14, 2008. The certified Program EIR provided a program -level assessment of the environmental impacts resulting from development pursuant to land use policy and implementation of the goals and policies set forth in all chapters of the updated General Plan, as well as long -term implementation of the General Plan through a revised Zoning Code. On the City Council adopted an addendum EIR, along with a new Statement of Overriding Considerations, for the 2010 General Plan update. The Addendum EIR is based on the 2008 Program EIR in accordance with CEQA Guidelines Section 15164. Municipal Code Amendment 10 -03 is consistent with the Program EIR and Addendum, and pursuant to Public Resources Code 21083.3 and CEQA Guidelines sections 15162, 15168, and 15183 is exempt from the requirement that additional environmental documentation be prepared. The City Council, having final approval authority over this project, has reviewed and considered all comments received during the public review period prior to the approval of this project. Section 3. The City Council HEREBY FINDS AND DETERMINES that Municipal Code Amendment 10 -03 is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed municipal code amendment, in that the change to the Rosemead Municipal Code will provide a superior level of planning and protection to the quality and character of the City. Section 4. The City Council FURTHER FINDS AND DETERMINES that Municipal Code Amendment 10 -03 is consistent with the Rosemead General Plan as follows: A. Land Use: Municipal Code Amendment 10 -03 consists of requiring approval of a Design Review (DR) entitlement application for any new commercial project within the C -4 Regional Commercial zone. The code amendment will provide provisions for a wide range of permitted uses, as well as standards to regulate the public realm and streetscape, site design and circulation, building form, land use, and architecture. The propose code amendment will achieve the goal of providing an overall urban design framework to ensure that the quality, appearance and effects of buildings, improvements 2 and uses are compatible with the City design criteria and goals. The provisions have also been structured to attract tax generating uses which have the potential to augment the City's economic base. B. Circulation: Municipal Code Amendment 10 -03 proposes detailed site access and circulation criteria, as well as parking requirements. Potential impacts to traffic and transportation depend on the extent of a proposed project and local conditions. Each new proposed residential /commercial mixed -use project will be required to provide efficient vehicular access to the site. Furthermore, new development will be required to satisfy the parking requirements outlined in the municipal code. C. Housing: The proposed municipal code amendment will not induce substantial new population growth nor displace existing housing units or people. The C -4 Regional Commercial zone will only allow commercial uses. The municipal code amendment is not proposing a maximum Floor Area Ratio (FAR) than what is already established in the City's General Plan. D. Resource Management: Municipal Code Amendment 10 -03 encourages the use of green construction materials, and energy and water efficient conservation features. Any proposed development resulting from this municipal code amendment would be located in a developed urban area, and as such, will not result in any impact upon natural resources. E. Noise: The development standards will also require residential units to be designed to limit the interior noise caused by the commercial and parking elements of a mixed -use development, as well as regulate the placement of mechanical equipment to prevent noise disturbance. Lastly, all new developments will be required to comply with the City's Noise Ordinance. F. Public Safety: Impacts to law or fire enforcement, parks, and public facilities are area or community specific. The proposed municipal code amendment would not impact police, fire, or school services, and there would be no change in demand for or use of public parks. The entire City of Rosemead is located in Flood Zone C (flood insurance is not mandatory) and is free from any flood hazard designations. Section 5. CODE AMENDMENT Section 17.08.010 is hereby amended to include the following established zone: C -4 Regional Commercial. Section 6. CODE AMENDMENT. Chapter 17.46 "C-4 Regional Commercial" is hereby added to the Rosemead Municipal Code to read as follows: Chapter 17.46 C -4 REGIONAL COMMERCIAL ZONE Sections: 17.46.010 Purpose and intent. 17.46.020 Applicability 17.46.030 Approval procedure. 17.46.040 Permitted uses and floor area requirements. 17.46.050 Development standards. 17.46.060 General requirements. 17.46.010 Purpose and intent. A. Purpose. The purpose of the C -4 zone is to provide opportunities for well - designed sub - regional commercial centers that provide goods and services in a larger retail form with ancillary smaller retail uses supporting the sub - regional commercial uses. The Regional Commercial areas will result in a higher level of site design, including architectural character and urban design, vehicular access, parking, landscaping, and pedestrian amenities. B. Intent. The intent of this zone is to accomplish the following objectives: 1. Establish a well - balanced and carefully planned collection of signature commercial retail anchors, general retail outlets, and casual to upscale restaurants, which take advantage of the site's accessibility to major roadway corridors; 2. Allow for the development of site in a manner which will provide a productive use of commercial opportunities, 3. Expand commercial retail and restaurant options for local customers by providing daytime and nighttime shopping and dining opportunities in a safe and secure environment; 4. Augment the City's economic base by providing a variety of tax generating uses; 9 5. Create employment generating opportunities for the residents of Rosemead and surrounding communities, 6. Require consistent and rational development of the site(s) in accordance with established and functional aesthetic standards, and 7. Minimize impacts on surrounding residential neighborhoods by providing adequate mitigation measures that address project access, loading and unloading activities, parking, development scale and massing, screening, noise, lighting, and architectural design. 17.46.020 Applicability. A. The following regulations shall apply to the C -4 Regional Commercial zone unless otherwise provided in this title. B. The C -4 Regional Commercial designation consists of two project areas as outlined below: 1. Project Area 1. This area consists of 11 parcels of land totaling approximately 15.8 acres, located on the north side of Garvey Avenue between Del Mar Avenue and San Gabriel Avenue. This area is bounded by Garvey Avenue to the south, Strathmore Avenue to the west, single - family residential land uses to the north, and Paradise Trailer Park and Apartments to the east. 2. Project Area 2. This area is located on the southeast corner of Valley Boulevard and Walnut Grove Avenue, and includes three parcels totaling approximately 3.4 acres. Rubio Wash is located just south of site and a combination of commercial and single - family residential land uses are located to the east. 17.46.030 Approval procedure. A. General Requirements. A precise plan of design for a commercial development shall be submitted and approved in accordance with the requirements of Section 17.72.060, with the exception that the City Council shall approve or disapprove such project upon receiving a recommendation from the Planning Commission. 17.46.040 Permitted Uses and Floor Area Requirements 5 A. The C -4 Regional Commercial zone provides opportunities for commercial retail and restaurant related uses. The zone designation permits the following mix of land uses and building sizes as identified in Table 1 -1 and Table 1 -2 below: B. Table 1 -1: Land Use and Building Size Requirements for Project Area 1, as identified in the General Plan The primary use of the site shall have a major anchor tenant 75,000 - 140,000 square feet and/or a hotel use Permitted Uses Building Sizes minimums and maximums Large Retail Center with Anchor Tenants: Consumer electronics and appliances 75,000- 140,000 retail, department store, square feet discount and variety store, home improvement, and hardware store. General Retail Outlets: Home furnishing and housewares retail, music, video, book and entertainment retail; office 15,000- 35,000 products retail; sporting and square feet recreational equipment retail, hobby and craft retail; and otherspecialty retail Restaurant - Related Uses: Casual dining restaurants, 5,000- 10,000 square feet specialty eateries, and upscale dinin Hotel, when approved with a 100 guest rooms Conditional Use Permit Ancillary Commercial Uses, include the following as well as uses of similar character as approved by the Community Development Director: 1,500 -3,000 square feet Eating and Drinking Establishments (restaurants, fast food facilities, including drive-through services, cand 11 and confectionaries shops, delicatessens, donut shops, and coffee sales), Financial Institutions (banks, savings and loans, and credit unions), Food and Beverage Sales (markets, catering services, and retail bakeries), Personal Services and Sales (beauty and barbershops, including beauty supply, florist shops, photography studios, private postal service, travel agencies, tailors, shoe repairs, video sales and /or rental), Specialized Retail (consumer electronics, fabric store, hobbies and crafts, apparel and accessories, books and magazines, jewelry, sporting good (sales and rental), photography, and stationery sales) C. Table 1 -2: Land Use and Building Size Requirements for Project Area 2, as identified in the General Plan The primary use of the site shall have a minimum of one general retail outlet and/or a hotel use Permitted Uses Building Sizes minimums and maximums General Retail Outlets: Home furnishing and housewares retail; music, video, book and 15,000- 35,000 entertainment retail; office products square feet retail; sporting and recreational equipment retail; hobby and craft retail; and otherspecialty retail Restaurant - Related Uses: Casual dining restaurants, specialty 5,000- 10,000 square feet eateries, and upscale dinin Hotel, when approved with a Conditional Use Permit 100 guest rooms Ancillary Commercial Uses, include the following as well as uses of similar character as approved by the Community Development Director: Eating and Drinking Establishments (restaurants fast food facilities, including drive - through services, candy and confectionaries shops, delicatessens, donut shops, and coffee sales), Financial Institutions (banks, savings and loans, and credit unions), Food and Beverage Sales (markets, catering services, 1,500 -3,000 square feet and retail bakeries), Personal Services and Sales (beauty and barbershops, including beauty supply, florist shops, photography studios, private postal service, travel agencies, tailors, shoe repairs, video sales and /or rental), Specialized Retail (consumer electronics, fabric store, hobbies and crafts, apparel and accessories, books and magazines, jewelry, sporting good (sales and rental), photography, and stationery sales D. Notwithstanding the provisions of Section 17.112.020, the following uses shall be the only uses for which a Conditional Uses Permit may be applied for and granted in the C -4 Regional Commercial zone Any establishment having an off -sale license for alcoholic beverages, Any establishment having an on -sale license for alcoholic beverages; and Any hotel establishment, in accordance with Section 17.112.020 and Section 17.46.060(D). E. Except as provided in sections 17.46.040(B), 17.46.040(C), and 17.46.040(D), all commercial uses and nonresidential uses are strictly prohibited in the C -4 Regional Commercial zone. 0 17.46.050 Development standards. A. Public Realm and Streetscape 1. Public Sidewalks a. The following shall apply to public sidewalks: (1) The minimum building setback shall be twelve (12) feet as measured from the curb face, and shall be in the form of both existing right -of -way and a recorded pedestrian access and utility easement; (2) The minimum building setback area shall include a minimum seven (7) -foot wide detached sidewalk (clear zone) and a minimum five (5) -foot wide parkway (amenity zone) adjacent to all streets. The amenity zone shall be located between the curb face and the clear zone. The clear zone shall be located between the building and the amenity zone; (3) The sidewalk in the clear zone shall be constructed of concrete, comply with ADA accessibility standards and be subject to the review of the City Engineer, (4) The clear zone shall be unobstructed by any permanent or nonpermanent element for a minimum width of seven (7) feet and a minimum height of eight (8) feet, and (5) The amenity zone shall include street trees, landscaping, public signs, public art, street lighting, street furniture, and other pedestrian- oriented amenities, as appropriate. 2. Street Trees a. All species of mature oak trees shall be preserved or otherwise dealt with in accordance with RMC Section 17.100.120. b. The removal of other mature trees shall be subject to the review and approval of the Urban Forester. c. Mature street trees that are approved for removal by the Urban Forester shall be replaced with a minimum of three (3) new mature box trees that have at least a twenty -four (24) inch box and are the same species of the replaced mature street trees or a species approved by the Urban Forester. The City reserves the right to increase the number of trees if it deems necessary in order to compensate for mature tree loss. d. The amenity zone shall be planted with street trees at an average spacing not greater than thirty (30) feet on center. 3. Transit Stops a. Transit stops shall be designed as integral elements of a commercial development by collocating them with pedestrian oriented amenities, such as pocket parks, courtyards, plazas, etc. whenever possible. b. When an existing transit stop is located on a sidewalk adjacent to the location of a development, a shelter for transit patrons shall be constructed that: (1) Incorporates architectural features of the development and is compatible with the development; and (2) Includes a shelter, bench and lighting. 4. Corner Lot a. On intersection corners, where both streets have four (4) lanes: (1) Building architecture on intersection corners, where both streets have four (4) lanes or more, shall receive special treatment to enhance the pedestrian experience, and create visual interest and focal points at the entryways, such as but not limited to, building cut -offs and corner entrances with additional architectural detail, decorative landscaping, hardscape, planters, canopy, overhang or other architectural covering over the building entry, and b. On intersection corners, regardless of the number of lanes on each street: (1) Retail, restaurant, or overnight accommodation uses within buildings facing two (2) or more streets shall have at least one (1) customer entrance facing the primary street and one (1) customer entrance facing the second street or instead of two (2) entrances, a corner entrance; and (2) Buildings on corner lots shall address both streets with an equal level of architectural detail. 10 5. Outdoor Seating a. No permanent seats or structures shall be placed in the public right - of -way without the review and approval of the City Engineer. b. Outdoor seating furniture shall not be located within the clear zone without prior review and approval of the City Engineer. c. Outdoor seating furniture shall be a minimum of ten (10) feet from the nearest transit stop. d. Any outdoor dining area may be separated from the sidewalk only with planters, shrubs, or fencing with a maximum height of forty -two (42) inches. e. When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation physical design and plant material should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area and a sign shall be posted. 6. Undergrounding of Utilities a. Utility lines to a development from the building to the property line, including but not limited to electric, communications, street lighting and cable television shall be placed underground. b. Utility lines within the right -of way shall be placed underground to the maximum extent practicable. The requirements of this section may be waived by the City Council upon recommendation from the City Engineer if it is determined that topographical, soil or any other conditions make such underground installations unreasonable or impractical. B. Site Design and Circulation 1. Minimum Development Area a. The minimum development area for a commercial project within Project Area 1 shall be fifteen (15) acres. b. The minimum development area for a commercial project within Project Area 2 shall be three (3) acres. 11 c. Lots may be subdivided within each development site area for the purpose of creating a commercial condominium or separate commercial pads in accordance with RMC Chapter 17.88, RMC Title 16, and the Subdivision Map Act. 2. On -site Tree Preservation a. All species of mature oak trees shall be preserved or otherwise dealt with in accordance with RMC Section 17.100.120. a. The removal of other mature trees shall be subject to the review and approval of the City Council. b. Mature trees that are approved for removal by the City Council shall be replaced with new mature trees that have at least a twenty -four (24) inch box and are the same species of the replaced mature trees. 3. Bicycle Parking a. Bicycle parking spaces shall be equal to three (3) percent of required off - street parking. b. Bicycle parking facilities shall be: (1) Securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist theft; (2) Separated by a physical barrier to protect the bicycle from damage by motor vehicles if located within a vehicle parking area; and (3) Motor vehicle entrances shall display adequate signs to indicate the availability and location of the bicycle parking facilities. 4. Access and Location of Off - Street Parking a. At -grade parking shall not be located between any building and the street frontage. b. Vehicular access to corner lot developments shall be from an alley or from a side street. c. Access to parking on interior lots shall have only one (1) vehicular access, which shall not be from the street if the lot abuts an alley. A second vehicular access may be allowed for lots that have a 12 street frontage of three - hundred fifty (350) feet or more and do not abut an alley. Developments on those lots may have additional driveways that are not closer than three - hundred (300) feet apart. 5. Parking Requirements a. The parking requirements shall be provided in accordance with RMC Section 17.84. 6. Trash and Loading Areas a. Trash and refuse collection, and recycling areas shall be provided in accordance with RMC Section 17.12.240. b. All trash enclosures shall be fully enclosed with self - closing and self - latching doors, and each enclosure shall accommodate both trash and recyclable bins. c. Trash enclosures shall be an integral part of the building design whenever possible. d. Trash enclosures shall be of the same architectural style as the development. e. Loading areas shall be clearly designated f. Loading areas shall be screened from public view to avoid negative noise, visual, and illumination impacts on neighboring residential development and may be accomplished by the construction of six (6) foot high perimeter walls that are architecturally compatible with the primary structures and on -site landscaping. g. All screening walls shall be landscaped using vines, hedges, or other plant material necessary to provide a minimum fifty percent (50 %) coverage. h. Trash pick -up and loading activities are permitted only during the hours of 7a.m. to 7p.m. 7. Landscaping a. A landscape and irrigation plan shall be prepared by a professional landscape architect and shall be submitted and approved by the Planning Division along with the application for a precise plan of design. Said landscaping shall be developed in accordance with the submitted and approved landscaping plan and shall include a plan 13 for continued maintenance. The landscape plan shall satisfy the following requirements: (1) The landscaping plan shall consist of a combination of trees, shrubs and groundcovers with careful consideration given to size at maturity. The minimum planting material size standards for identified landscaped or open areas are: (a) Not less than 5 percent of the gross area of the site devoted to at grade parking shall be developed with interior landscaping. (b) Specimen size tree materials (thirty (30) inch box) shall be provided for the ultimate coverage of no less than ten percent of the area to be devoted to landscaping, or ten trees, whichever is greater. (c) Tree material (fifteen (15) gallon) shall be provided for the ultimate coverage of fifteen percent (15 %) of the area devoted to landscaping or twenty (20) trees, whichever is greater. (d) All shrubs shall be a minimum of five (5) gallons in size and shall be used to enhance all entrances, walkways, building walls, and separation walls in a manner which compliments the entire project. (2) The landscape and irrigation plan shall make use of moisture sensors and controlled timing devices in regard to landscape irrigation concept for one hundred (100) percent watering to all planted areas. (a) Landscape design must incorporate energy and water conservation measures, and comply with RMC Chapter 13.08 Water Efficient Landscaping where applicable. (b) Non - deciduous trees shall be planted in un- covered surface parking lots at a minimum of one (1) tree per ten (10) spaces or to provide a fifty (50) percent shade canopy coverage within a minimum of ten (10) years after planting. All trees within the parking area shall be a minimum of twenty -four inch (24 ") box size at planting. However, larger trees (e.g. 36 -inch box, and 48 -inch box) may be required by the City Council. Each tree shall have a deep root watering system and a root barrier. 14 (c) The developer and subsequent owners shall be responsible for maintaining the landscaping as shown on the approved plan. Maintenance shall include regular irrigation, weeding, fertilizing, and pruning and replacement of dead materials. 8. Lighting a. A photometric survey (lighting plan) shall be approved by the Planning Commission for each commercial development. b. All commercial developments shall have exterior lighting that provides adequate visibility at entrances, public sidewalks, open areas, and parking lots with a safe level of illumination at night. c. Exterior lighting shall be of low intensity and shielded so that light will not spill out onto surrounding properties or project above the horizontal plane. d. Lighting shall not blink, flash, oscillate or be of unusually high intensity of brightness. Exposed neon or unshielded or uncovered lighting shall be prohibited. e. All lighting shall be integrated with landscaping wherever possible. 9. Walls and Fences a. A six -foot high masonry wall shall be constructed along the property line of any lot where construction of any development is adjacent to property zoned and or used for residential purposes. Said wall shall be limited in height to forty -two (42) inches where it abuts the required front yard setback on the adjacent property zoned or used for residential purposes. b. Walls shall have a decorative texture that matches the walls of the development. Vines shall be planted six (6) feet apart along all masonry walls to soften a wall's appearance. c. Chain -link, wood fences, barbed wire, razor -wire, and spikes shall be prohibited. C. Building Form 1. Setbacks 15 a. Interior Lot Lines. The minimum setback area from an interior side lot line may be zero (0) but shall be a minimum of ten (10) feet if more than zero (0). b. Side Street. No minimum setback is required except where rear of lot abuts side of residential uses, school or park, in which case a setback of twenty (20) feet shall be maintained within twenty -five (25) feet of the established common property line. This required setback area may be used to meet the landscaping requirements, so long as all other provisions in this code are satisfied. c. Rear (1) If the site abuts residential uses, school, or park a minimum ten (10) feet set back is required. (2) If the site abuts non - residential uses, the minimum setback from the rear lot line may be zero (0) but shall be a minimum of ten (10) feet if more than zero (0). (3) If the site abuts an alley, minimum setback from the property line shall be five (5) feet, provided the setback does not contain an egress or ingress access way to or from a covered parking structure. If an egress or ingress access way is provided to or from a covered parking structure, the minimum setback from the property line shall be twenty (20) feet within the access way area. d. Front. The front setback shall be a minimum of 20 feet. In any case where the public sidewalk setback results in a greater setback, the sidewalk setback shall prevail. e. Any area of a surface parking lot that abuts a public street shall be set back from the sidewalk a minimum of ten (10) feet and screened by landscaping and a decorative three (3) foot high masonry wall. Landscaping shall include trees planted a maximum of twenty -five (25) feet on center and other plantings to achieve sixty (60) percent ground coverage within two (2) years of planting. f. Variable setback. All developments shall have a variable height limitation when abutting R -1 and R -2 zones. (1) The second floor and above shall be stepped back from the rear property line as follows: establishing a height at six (6) feet above finished grade of the adjacent residential property line, a twenty (20) degree incline plane is It projected that establishes the height limitation of the commercial development. (2) The second floor and above shall be stepped back from the side property line as follows: buildings shall be a maximum height of fifteen (15) feet, twenty (20) feet from the side property line, with a forty (40) degree inclined plane projected six feet high from property line to establish the height limitation of the commercial development. g. Encroachments (1) No part of the structure, permanent attachment or other similar architectural feature may extend into: (a) Any required front, side or rear yard or minimum distance between buildings for more than two (2) feet. (b) The public right -of -way without approval of an encroachment permit. (2) Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or over a lot line. 2. Building Mass a. The maximum floor area ratio (FAR) shall be as established by the General Plan. 3. Height a. The maximum height shall be 75 feet. 4. Screening a. Rooftops should be designed in a way that acknowledges their visibility from other buildings and the street. Equipment shall be screened on all four (4) sides from both the street and neighboring buildings using parapets or similar architectural features and from the top where visible from an adjacent building of greater height. b. Service and loading zones where visibility from public streets and views from neighboring buildings and properties shall be screened by the use of decorative walls and /or dense landscaping that will serve as both a visual and a noise barrier. 17 D. Architecture 1. Ground Floor Fagade a. There shall be articulated fagades at the ground floor street frontage, which may include such measures as indentation in plane, change of materials in a complimentary manner, and sensitive composition and juxtaposition of openings. 2. Design Differentiation between Floors a. The area where the first floor meets the second floor shall clearly define a change in materials, colors, and style between the first and second floors. 3. Signs a. A uniform sign program shall be approved by the Planning Division for each commercial development. b. Permitted sign types shall be limited to wall, window, awning and monument signs. c. Building mounted signs, including wall, window and awning, shall not exceed a cumulative total of one (1) square foot of sign area per one (1) lineal foot of building frontage of each business. d. Pole signs shall be prohibited. e. A monument sign shall be used only to identify multiple businesses based on the following criteria: (1) One -third (1/3) square foot of monument sign area per one lineal foot of lot frontage with a maximum of fifty (50) square feet. (2) The entire sign structure shall be considered as sign area. (3) The sign copy area shall not exceed sixty percent (60 %) of the background wall area. (4) All monument signs shall contain only the name of the development and /or the names of the businesses. li (5) Monument signs shall not encroach into any required landscaped setback area when abutting open areas or encroach more than one -half the required landscaped setback area when located in front of a building. (6) Sign copy shall be back - lighted or indirectly lighted (7) The background wall of the monument sign shall not exceed six feet in height. (8) A maximum of two (2) monument signs per development; and (9) The monument sign shall be setback a minimum of three (3) feet from the property line at a location where the building is setback a minimum of ten (10) feet. on; M00 iffmVVEFIrew a. Flat roofs are preferred and shall be screened with parapets on all sides of the building. If no roof top equipment exists or is proposed the parapet shall be a minimum of three (3) feet in height. b. Where architecturally appropriate, sloped roofs shall provide articulation and variations to divide the massiveness of the roof. Sloped roofs shall include eaves, which are a minimum of eighteen (18) inches in width. Sloped roofs shall screen mechanical equipment by providing a "roof- well ", or by placing the equipment within the roof structure. 5. Awnings a. Awnings may encroach into the public right -of -way by extending over the sidewalk or parkway with review and approval from the City Engineer and Building Official. b. Awnings, Arcades, and Galleries may encroach into the sidewalk within two (2) feet of the curb but must clear the sidewalk vertically by at least eight (8) feet. c. Projections beyond the front or exterior side lot line of a corner lot shall require the review and approval of the City Engineer and the Building Official. 6. Mechanical Equipment iN a. Wall mounted equipment shall be flush with the exterior building walls and painted to match the color of the exterior of the building and screened from the view of any public right -of -way. Window mounted air conditioners or exterior mounted fans shall be prohibited. b. Ground and pad mounted mechanical or utility equipment and other such similar equipment shall be screened from view from all public rights -of -way and adjacent properties by architectural building features, fencing or landscaping. 17.46.060 General requirements. A. Public Art Requirement 1. A freely accessible on -site public art work shall be integrated into each project. 2. The following words or phrases shall have the following meanings when used in this section: a. Art or Art Work. Art, including but not limited to, sculpture, painting, graphic arts, mosaics, photography, crafts, and environmental works. Art or art work as defined herein may be permanent, fixed, may be an integral part of a building, facility, or structure, and may be integrated with the work of other design professionals. b. Artist. An individual generally recognized by critics and peers as a professional practitioner of the visual, performing, or literary arts, as judged by the quality of that professional practitioner's body of work, educational background, experience, public performances, past public commissions, sale of works, exhibition record, publications, and production of art work. The members of the architectural, engineering, design, or landscaping firms retained for the design and construction of a development project covered by this section shall not be considered artists for the purposes of this section. This definition applies only to the requirements of the section. c. Freely Accessible. The art work is accessible to and available for use by the general public during normal hours of business operation consistent with the operation and use of the premises. d. Public Art or Art Work. On -site art work produced by an artist, as defined herein, or team of artists, that is freely accessible on private property. 3. The following are not considered public art for the purposes of this section: a. Directional elements such as supergraphics, signage, or color coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions; b. Objects which are massed produced of standard design such as banners, signs, playground equipment, benches, statuary, street barriers, sidewalk barriers, or fountains; c. Reproduction, by mechanical or other means, of original works of art; d. Decorative, architectural, or functional elements which are designed by the building architect or landscape architect as opposed to an artist commissioned for this purpose; e. Landscape architecture, gardening, or materials, except where these elements are designed by the artist and are an integral part of the work of art by the artist; or f. Landscaping required by the Rosemead Municipal Code as part of the development entitlements. 4. Art plan documentation shall be submitted for approval by the Planning Commission for each development. a. The Planning Commission shall review the submitted documentation, together with the recommendation of the Community Development Director, and approve, approve with conditions, or deny the proposed art work, and its proposed location, considering the qualifications of the artist, the aesthetic quality and harmony of the art work with the proposed development project, and the proposed location of and public accessibility to the art work. 5. Additional requirements for public art for on -site installation. a. Plaque. The public art shall be identified by a plaque that meets the standards in use by the City at the time of installation of the public art. The requirement of this paragraph may be waived if determined 21 in a particular circumstance to be inconsistent with the intent of this section. b. Ownership and Maintenance of Art Work. All on -site public art work shall remain the property of the property owner and his /her successor(s) in the interest. The obligation to provide all maintenance necessary to preserve the art work in good condition shall remain with the property owner of the site. The developer and subsequently, the property owner, shall maintain, or cause to be maintained, in good condition the public art continuously after its installation and shall perform necessary repairs and maintenance to the satisfaction of the City. The maintenance obligations of the property owner shall be contained in a covenant and recorded against the property and shall run with the property. Failure to maintain the art work, as provided herein, is hereby declared to be a public nuisance. The City also may pursue additional remedies to obtain compliance with the provisions of this requirement, as appropriate. In addition to all other remedies provided by law, in the event the owner fails to maintain the art work, upon reasonable notice, the City may perform all necessary repairs, maintenance or secure insurance, and the costs, thereof shall become a lien against the real property. c. Location and Relocation of On -site Public Art. When and if the development project is sold at any time in the future, the public art must remain at the development at which it was created and may not be claimed as the property of the seller or removed from the development or its location approved by the Planning Commission. In the event that a property is to be demolished, the owner must relocate the public art to another publicly accessible, permanent location that is approved in advance by the Planning Commission. A property owner may, for good cause, petition the Planning Commission to replace or re- locate the public art to another publicly accessible location on the development project site. Any removal, relocation, or replacement of the public art must be consistent with the California Preservation of Works of Art Act and the Federal Visual Artists' Rights Act and any other applicable law. If any approved art work placed on private property pursuant to this section is removed without City approval, the certificate of occupancy may be revoked. NPA 6. Declaration of covenants, conditions and restrictions. a. The project shall have recorded against it a declaration of covenants, conditions, and restrictions in favor of the City and in a form approved by the City Attorney which shall include the following provisions as appropriate: (1) The developer shall provide all necessary maintenance of the art work, including preservation of the art work in good condition to the reasonable satisfaction of the City and protection of the art work against destruction, distortion, mutilation, or other modification. (2) Any other reasonable terms necessary to implement the provisions of this section. B. Use of Green Construction Materials and Energy and Water Conservation Features 1. The following types of green building practices are encouraged: a. Developments that use materials composed of renewable, rather than nonrenewable resources (green construction materials). b. Developments that construct buildings that exceed minimum statewide energy construction requirements beyond Title 24 energy requirements. c. Development that employ passive heating and cooling design strategies to the maximum extent feasible. Strategies to be considered include orientation; natural ventilation, high insulation values, energy efficient windows including: high performance glass, light- colored or high - albedo (reflective) roofing and exterior walls, window shading, and landscaping that provides shading during appropriate seasons. C. Automated Teller Machines (ATM's) and Walk -Up Bank Services. 1. The ATM shall be set back three feet into an alcove adjacent to the public sidewalk to provide a privacy area. 2. Adequate lighting for the ATM shall be provided. 3. The ATM shall provide rear -view mirrors and cameras that can record activity and have quality color video capabilities for surveillance purposes. 4. The ATM shall comply with ADA accessibility standards. 23 5. A trash receptacle shall be immediately accessible to the ATM. 6. ATM's and walk -up bank services are subject to the approval of the Planning Division. 7. When the ATM is removed, the structure's facade shall have a finished appearance consistent with the existing structure, and be subject to the approval of the Planning Division. D. Hotels 1. Hotel development shall be permitted with a conditional use permit. a. Hotels may be developed up to maximum permitted FAR of 1.0:1 if the projects include higher design standards and amenities identified in Table 1 -3. If a hotel project does not provide the amenities described in Table 1 -3, a maximum FAR of 0.35:1 shall be allowed. b. To obtain higher FAR standard (maximum permitted 1.0:1 FAR), projects must provide all of the amenities listed under the Required Hotel Amenities column and a minimum of two amenities listed under the Additional Hotel Amenities column. Table 1 -3 Hotel Amenities Related to FAR Required Hotel Additional Hotel Amenities Amenities Ball room Concierge Business desk center Convenience services store/ snack • Meeting shop rooms Daycare Restaurant, services bar, and Day spa lounge Fitness center • Florist and gift shop Laund 24 service • Pavilion lounge • Pool or spa /jacuzzi • Valet parking E. Special Activities 1. The sale of any goods on a sidewalk or alley adjacent to a commercial development shall be prohibited. 2. Temporary Banners a. A banner permit is required for the use of temporary banners. b. The use of temporary banners shall be limited to two (2) events per year. The use of a temporary banner at each event shall be for a maximum of thirty (30) days. If a temporary banner is used for more than thirty (30) days, the prohibited days will be accounted to the next event. c. There shall be a maximum of two (2) temporary banners per event. d. The maximum size of a temporary banner shall be three (3) feet by ten (10) feet. 3. Traditional non - commercial holiday decorations that do not contain advertising shall be permitted. 4. The display of no more than three of any of the following flags shall be permitted at the same time at any single location on a commercial development: a. The flag of the United States, b. The flag of the State of California or its political subdivisions. 5. Prohibited Advertising and Display a. The following advertising and displays shall be prohibited: (1) Outdoor advertising, displays and /or sales of merchandise or promotional materials in a location outside of a building; (2) Inflatable advertising displays; (3) Roof - mounted displays of flags, pennants or pennant -type 25 banners balloons, inflatable devices, or similar displays; and (4) Flags, banners or balloons displayed in a landscape area or on a fence. F. Used Goods 1. Used goods, furniture, appliances, equipment and machinery may not be displayed or sold unless such goods have been taken in trade on new sales made at the same location. 2. All sales of used goods, furniture, appliances, equipment and machinery shall be incidental to the permitted uses of the overlay zone and shall be a minor part of the business conducted on the premises. G. Outside Display and Storage 1. All display of merchandise for sale on the premises shall be wholly within an enclosed building except for the following: a. Christmas trees and wreaths; 2. Outside storage (not for display purposes) is permitted on the rear area of a lot or parcel of land. On corner lots or where site coverage or topography make rear yard storage impossible or impose a severe hardship upon the owner or occupant of the parcel, storage may be permitted, subject to the approval of the Community Development Director, in a side yard or open yard adjacent to a corner. Any outdoor area used for storage shall be completely enclosed by a solid masonry wall and solid gate not less than six feet in height. The Community Development Director may approve the substitution of a fence or decorative wall where such fence or wall provides adequate visual clearance, is structurally adequate, and equivalent in decorative appearance. In no event shall the height of such storage exceed the height of the wall or fence enclosing the storage area. H. Visible Street Address 1. The street address of a development shall be clearly visible from the street to which the building is addressed. Section 7. If any section, subsection, sentence, clause or word of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rosemead HEREBY DECLARES that it would have passed and adopted Ordinance No. 890 and each and all provisions thereof, irrespective of the fact that any one or more of said provisions i0 may be declared to be invalid. Section 8. EFFECTIVE DATE. This ordinance shall take effect thirty (30) days after its adoption. Section 9. ADOPTION. The City Clerk shall certify to the adoption of this ordinance and shall publish a summary of this ordinance and post a certified copy of the full ordinance in the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption of the ordinance, the City Clerk shall publish a summary of the ordinance with the names of the council members voting for and against the ordinance. This ordinance shall take effect thirty days after the date of its adoption. Section 10 . The City Clerk shall certify to the adoption of this Ordinance. PASSED AND APPROVED, this day of 2010. GARY TAYLOR, Mayor ATTEST: GLORIA MOLLEDA, City Clerk Joseph M. Montes, City Attorney 27 ORDINANCE NO. 891 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING ZONE CHANGE 10 -02, AMENDING A PORTION OF THE CITY OF ROSEMEAD ZONING MAP TO ACHIEVE CONSISTENCY WITH THE CITY GENERAL PLAN THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . Findings. The following findings are adopted in support of Zone Change 10 -02 to bring all zoning designations on the City of Rosemead Zoning Map into consistency with the land use designations outlined in the General Plan. A. The City Council of the City of Rosemead recently adopted an amendment to the Land Use Element of the General Plan, which reallocated the amount of land designated for mixed -use development in the City and established three new land use designations (High Intensity Commercial, Mixed -Use Residential /Commercial, and Mixed -Use High Density Residential /Commercial). B. The majority of all existing portions of the City that were designated for mixed -use development in the 2008 General Plan changed to their prior General Plan designation as stated in the 1987 General Plan. C. The current Zoning Map is now inconsistent with the General Plan Land Use Map, and does contain zoning land use designations to implement the new High Intensity Commercial, Mixed -Use Residential, and Mixed -Use High Density land use designations. D. Section 65860 et seq of the California Government Code states that a zoning ordinance shall be consistent with the city general plan if the city has officially adopted such plan and the various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs specified in the plan. E. The City wishes to adopt a comprehensive zoning map update to bring the Zoning Map into consistency with the City's General Plan to ensure careful regulation and well- designed projects through effective land use planning. This zone change will establish two new zoning designations, "Regional Commercial C -4 zone" and Exhibit C "Residential /Commercial Mixed -Use Development Overlay zone ", to implement the new land use designations in the General Plan. F. The proposed zone change ensures and maintains internal consistency with all of the objectives, policies, general land uses, programs, and actions of all elements of the General Plan. The update does not conflict with current General Plan policies, objectives or programs. G. The proposed zone change would not be detrimental to the public convenience, health, safety, or general welfare of the City. H. The proposed zone change will not have significant adverse effects on the environment. Section 2 . The Rosemead City Council adopted a General Plan update and certified an accompanying Program Environmental Impact Report (Program EIR) on October 14, 2008. The certified Program EIR provided a program -level assessment of the environmental impacts resulting from development pursuant to land use policy and implementation of the goals and policies set forth in all chapters of the updated General Plan, as well as long -term implementation of the General Plan through a revised Zoning Code. On the City Council adopted an addendum EIR, along with a new Statement of Overriding Considerations, for the 2010 General Plan update. The Addendum EIR is based on the 2008 Program EIR in accordance with CEQA Guidelines Section 15164. Zone Change 10 -02 is consistent with the Program EIR and Addendum, and pursuant to Public Resources Code 21083.3 and CEQA Guidelines sections 15162, 15168, and 15183 is exempt from the requirement that additional environmental documentation be prepared. The City Council, having final approval authority over this project, has reviewed and considered all comments received during the public review period prior to the approval of this project. Section 3. The City Council HEREBY FINDS AND DETERMINES that Zone Change 10 -02 is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed zone change, in that the change to the Rosemead Municipal Code will provide a superior level of planning and protection to the quality and character of the City. Section 4. The City Council FURTHER FINDS AND DETERMINES that Zone Change 10 -02 is consistent with the Rosemead General Plan as follows: A. Land Use: California State law requires zoning to be compliant with the goals, objectives and policies of the General Plan, Zone Change 10 -02 will `a satisfy this requirement. The zoning map revision will specifically bring all zoning designations into compliance with the goals and policies of the 2010 General Plan land use designations. B. Circulation: The zoning map update will bring City zoning designations into compliance with the goals, objectives, and policies of the General Plan. Potential impacts to traffic and transportation depend on the extent of a proposed project and local conditions. Each new proposed project will be required to provide efficient vehicular access to the site. Furthermore, all developments will be required to satisfy the parking requirements outlined in the municipal code. C. Housing: The proposed zone change will not induce substantial new population growth nor displace existing housing units or people. The zoning map update will bring City zoning designations into compliance with the goals, objectives, and policies of the General Plan. The new Regional Commercial C -4 and Residential /Commercial Mixed -Use Development Overlay zones are proposing maximum Floor Area Ratios (FAR) and densities consistent with what is already established in the City's General Plan. D. Resource Management: The zoning map update will bring City zoning designations into compliance with the goals, objectives, and policies of the General Plan. No land is being re- designated to allow development which was formally targeted for some conservation or resource management or extraction purpose. E. Noise: Zone Change 10 -02 would implement the goals and policies established in the 2010 General Plan Update. The associated development standards to the zones identified and established in this update will require new developments to developments to comply with the City's Noise Ordinance. Noise impacts would be similar to and possibly less than, the level of impacts identified in the 2008 General Plan EIR. F. Public Safety: Impacts to law or fire enforcement, parks, and public facilities are area or community specific. The proposed zone change would not impact police, fire, or school services, and there would be no change in demand for or use of public parks. The entire City of Rosemead is located in Flood Zone C (flood insurance is not mandatory) and is free from any flood hazard designations Section 5. The City Council hereby adopts the Zone Change 10- 02, amending the City of Rosemead Zoning Map to bring all zoning designations into consistency with the land use designations outlined in the 2010 General Plan. The zoning map has been attached hereto as Exhibit "A ". c Section 6. If any section, subsection, sentence, clause or word of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rosemead HEREBY DECLARES that it would have passed and adopted Ordinance No. 890 and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. Section 7. EFFECTIVE DATE. This ordinance shall take effect thirty (30) days after its adoption. Section 8. ADOPTION. The City Clerk shall certify to the adoption of this ordinance and shall publish a summary of this ordinance and post a certified copy of the full ordinance in the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption of the ordinance, the City Clerk shall publish a summary of the ordinance with the names of the council members voting for and against the ordinance. This ordinance shall take effect thirty days after the date of its adoption. Section 9 . The City Clerk shall certify to the adoption of this Ordinance. PASSED AND APPROVED, this day of 2010. GARY TAYLOR, Mayor ATTEST: GLORIA MOLLEDA, City Clerk Joseph M. Montes, City Attorney rd PC RESOLUTION 10 -10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE MUNICIPAL CODE AMENDMENT 10 -02, ADDING THE RCMUDO "RESIDENTIAL /COMMERCIAL MIXED -USE DEVELOPMENT OVERLAY" ZONE AND CHAPTER 17.74 TO THE CITY'S MUNICIPAL CODE TO ESTABLISH STANDARDS FOR THAT ZONE. WHEREAS, Section 17.116.010 of the Rosemead Municipal Code sets forth procedures and requirements for municipal code amendments, and WHEREAS, the City of Rosemead has adopted the General Plan and Zoning Ordinance, including specific development standards, to control development; and WHEREAS, Section 17.116 of the Rosemead Municipal Code authorize the Planning Commission to consider and recommend proposed municipal code amendments to the City Council; and WHEREAS, pursuant to California Government Code Section 65091, this public hearing notice has been published in the San Gabriel Tribune on March 26, 2010, as the number of owners of real property within 300 feet of the project site is greater 1,000. Lastly, this notice is also posted in six (6) public locations, specifying the availability of the application, plus the date, time and location of the public hearing on March 25, 2010. WHEREAS, on April 5, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Municipal Code Amendment 10 -02, and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1 . The Rosemead City Council adopted a General Plan update and certified an accompanying Program Environmental Impact Report (Program EIR) on October 14, 2008. The certified Program EIR provided a program -level assessment of the environmental impacts resulting from development pursuant to land use policy and implementation of the goals and policies set forth in all chapters of the updated General Plan, as well as long -term implementation of the General Plan through a revised Zoning Code. On , the City Council adopted an addendum EIR, along with a new Statement of Overriding Considerations, for the 2010 General Plan Update. The Exhibit D Addendum EIR is based on the 2008 Program EIR in accordance with CEQA Guidelines Section 15164, Municipal Code Amendment 10 -02 is consistent with the Program EIR and Addendum, and pursuant to Public Resources Code 21083.3 and CEQA Guidelines sections 15162, 15168, and 15183 is exempt from the requirement that additional environmental documentation be prepared. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that Municipal Code Amendment 10 -02 is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed amendment, in that the change to the Rosemead Municipal Code will provide a superior level of planning and protection to the quality and character of the City. SECTION 3. The Planning Commission FURTHER FINDS AND DETERMINES that Municipal Code Amendment 10 -02 is consistent with the Rosemead General Plan as follows: A. Land Use: Municipal Code Amendment 10 -02 consists of requiring approval of a Design Review (DR) entitlement application for any residential /commercial mixed -use projects within the Residential /Commercial Mixed -Use Development Overlay zone. The code amendment will provide provisions for a wide range of permitted uses, as well as standards to regulate the public realm and streetscape, site design and circulation, building form, land use, and architecture. Measures have also been added to address potential sensitive elements of mixed -use development, such as businesses with late hours of operation, restaurant establishments with outdoor seating, automated teller machines, and convenience markets. The propose code amendment will achieve the goal of providing an overall urban design framework to ensure that the quality, appearance and effects of buildings, improvements and uses are compatible with the City design criteria and goals. The provisions will also ensure quality residential /commercial mixed -use development that maintains value through buildings with architectural qualities that create attractive street scenes and enhance the public realm. B. Circulation: Municipal Code Amendment 10 -02 proposes detailed site access and circulation criteria, as well as parking requirements. Potential impacts to traffic and transportation depend on the extent of a proposed project and local conditions. Each new proposed residential /commercial mixed -use project will be required to provide efficient vehicular access to the site. Furthermore, new development will be required to satisfy the parking requirements outlined in the municipal code. I C. Housing: The proposed municipal code amendment will not induce substantial new population growth nor displace existing housing units or people. The municipal code amendment is not proposing a higher density than what is already established in the City's General Plan. Furthermore, the municipal code amendment will not alter the current allowable maximum Floor Area Ratio (FAR) in the Residential /Commercial Mixed -Use Development Overlay zone. Therefore, the amount of living area on a lot will continue to be regulated by the existing standards. D. Resource Management: Municipal Code Amendment 10 -02 establishes provisions which require a variety of open space, including private, recreation areas and public open space, and parks. The standards also encourage the use of green construction materials, and energy and water efficient conservation features. Any proposed development resulting from this municipal code amendment would be located in a developed urban area, and as such, will not result in any impact upon natural resources. E. Noise: Municipal Code Amendment 10 -02 establishes regulations for noise abatement. It sets strict standards that prohibit loudspeakers, bells, gongs, buzzers that exceed 60 decibels between the hours of 7:00 a.m. and 10:00 p.m. or 45 decibels between the hours of 10:00 p.m. and 7:00 a.m. at any one time beyond the boundaries of the property. The development standards will also require residential units to be designed to limit the interior noise caused by the commercial and parking elements of a mixed -use development, as well as regulate the placement of mechanical equipment to prevent noise disturbance. Lastly, all new developments will be required to comply with the City's Noise Ordinance. Public Safety: Impacts to law or fire enforcement, parks, and public facilities are area or community specific. The proposed municipal code amendment would not impact police, fire, or school services, and there would be no change in demand for or use of public parks. The entire City of Rosemead is located in Flood Zone C (flood insurance is not mandatory) and is free from any flood hazard designations. SECTION 4. CODE AMENDMENT. The Planning Commission does hereby recommend that Chapter 17.74 "Residential /Commercial Mixed -Use Development Overlay" be added to the Rosemead Municipal Code to read as follows: Chapter 17.74 RESIDENTIAL/COMMERCIAL MIXED -USE DEVELOPMENT OVERLAY ZONE Sections: 17.74.010 17.74.020 17.74.030 17.74.040 17.74.050 17.74.060 Purpose and intent. Applicability. Approval procedure. Permitted uses. Development standards. General requirements. 17.74.010 Purpose and Intent. A. Purpose. The purpose of the Residential /Commercial Mixed -Use Development Overlay Zone (RCMUDO) is to provide opportunities for well- designed development projects that combine residential with non - residential uses, including office, retail, business services, personal services, public spaces and uses, and other community amenities designated with the mixed -use land use designations in the City of Rosemead General Plan, and consistent with the policy direction in the General Plan. B. Intent. The intent of this overlay zone is to accomplish the following objectives: 1. Create a viable, walkable urban environment that encourages pedestrian activity and reduces dependence on the automobile, through a streetscape that is connected, attractive, safe and engaging. 2. Provide complementary residential and commercial uses within walking distance of each other. 3. Develop an overall urban design framework to ensure that the quality, appearance and effects of buildings, improvements and uses are compatible with the City design criteria and goals. 4. Create quality residential /commercial mixed -use development that maintains value through buildings with architectural qualities that create attractive street scenes and enhance the public realm. 5. Provide a variety of open space, including private, recreation areas and public open space and parks. 6. Revitalize commercial corridors with residential /commercial mixed -use developments that attract and encourage market - driven private investment. 7. Encourage parking solutions that are incentives for creative planning and sustainable neighborhood design. 4 17.74.020 Applicability. A. The RCMUDO is an overlay zone, which may be applied to existing zoning districts as designated in the General Plan. B. Land classified in a RCMUDO overlay zone shall also be classified in another zone. When such a district is established, the Residential /Commercial Mixed -Use Development Overlay Zone shall be shown as an overlay to the underlying districts by the designation of RCMUDO on the zoning map. A RCMUDO may overlay several base districts, however, the uses permitted in each base district are limited to the boundaries of that base district, except as otherwise provided herein. The RCMUDO Zone district shall provide the option of developing under the base zone district or developing a residential /commercial mixed -use development under the overlay zone. C. Residential /commercial mixed -use development shall be a development that combines and integrates residential uses with commercial, institutional, and office uses utilizing a strong pedestrian orientation. The mix of uses may be combined in a vertical residential /commercial mixed -use building or combined in separate buildings located on one property and /or under unified control. The mix of uses percentage shall be as designated in the General Plan. 17.74.030 Approval procedure. A. General Requirements. 1. A precise plan of design for a residential /commercial mixed -use development shall be submitted and approved in accordance with the requirements of Section 17.72.060, with the exception that the City Council shall approve or disapprove such project upon receiving a recommendation from the Planning Commission. 2. The precise plan of design must comply with the provisions of this chapter and the Mixed Use Design Guidelines. 3. Only one (1) application for a precise plan of design shall be required for a residential /commercial mixed -use development in the D Design Overlay Zone. 17.74.040 Permitted uses. A. The following uses are permitted in a residential /commercial mixed -use development: Retail stores and businesses, provided there is no manufacturing, processing or treatment of products other than what is clearly incidental to the retail business conducted on the premises, and not more than twenty (20) percent of the floor area of the building shall be used in the manufacturing, processing or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust smoke, vibration or other similar causes, Art studios; ATM facilities subject to the requirements of Section 17.74.050(A); Bakery products shops, Banks, savings and loan associations, and financial institutions, excluding check cashing or other pay day loan services, Barber shops, beauty shops and manicure parlors; Book stores; Clothing and shoe stores, Confectionery retail shops, Department and variety stores; Drug stores and pharmacies; Dry cleaning stores, drop -off and pick -up only; Electric appliance stores and repairs; Employment agencies; Fabric and yardage stores; Florist shops; Food stores, bakery shops, delicatessens and markets; Furniture stores, limited to new furniture, except that used furniture taken in trade may be sold provided used furniture sales do not exceed twenty -five (25) percent of the gross floor area or twenty -five (25) percent of total retail floor area, whichever is less, Grocery, fruit and vegetable stores, Hardware stores, Health centers, and similar personal service establishments, with massage as an incidental use and occupying no more than twenty -five percent (25 %) of the floor area; Hobby shops; Interior decorating shops; Jewelry stores; Music stores; Paint stores, Pet supply stores, Photo -copy, printing or desktop facilities Photographic studio, supply shop, or film pick -up and drop -off point; Radio and television stores and repair; Restaurants, take -out and other eating establishments; Retail sales of automotive parts without installation and no outside storage; Self- service laundries subject to the requirements of Section 17.74.050(E); Shoe stores or shoe repair shops; Tailor, clothing or wearing apparel shops; and Travel agencies. B. The following professional and business office uses are permitted in a residential /commercial mixed -use development: 6 Accountant; Acupuncturist and acupressure, without massage or retail sales; Advertising agency, Architect; Attorney; Auditor, Bookkeeping service, Business consultant; Chiropodist; Chiropractor; Dental office, Engineer; Governmental buildings and offices, Insurance agency; Optician, Optometrist, Ophthalmologist; Osteopath; Physician; Psychiatrist; Real estate broker; Secretarial service, X -ray technician; and Similar professional business uses may be permitted subject to the approval of the Planning Division. C. Notwithstanding the provisions of Section 17.112.020, the following uses shall be the only uses for which a Conditional Uses Permit may be applied for and granted in a residential /commercial mixed -use development. Antique stores; Any commercial use that operates after midnight, Any eating establishment with outdoor seating; Any establishment having an off -sale license for alcoholic beverages; Any establishment having an on -sale license for alcoholic beverages, Arcades, Conservatories of music; Convenience markets subject to the requirements of Section 17.74.050(8); Libraries and museums, and Music and vocal instructions, D. Except as provided in sections 17.74.040(A), 17.74.040(B) and 17.74.040(C), all commercial uses and nonresidential uses are strictly prohibited in residential /commercial mixed -use developments. E. Residential units shall be permitted in a residential /commercial mixed -use development per the following: 7 1. Densities shall be consistent with the General Plan. F. Location of Uses 1. Retail /Commercial Uses shall be permitted on the ground floor or second floor in a residential /commercial mixed -use development. 2. Retail /Commercial Uses shall not be permitted above any professional and business office uses or residential uses. 3. Professional and business office uses shall be permitted above the commercial component of a street frontage building, behind the commercial component on the first floor or on second -floor or above with same use street frontage but below any residential uses in a residential /commercial mixed -use development. 4. Residential uses shall be located either above the commercial and /or office components of a street frontage building or located behind the commercial or office component on any floor where there is a distinct separation of uses and access, provided pedestrian connections are furnished as part of a unified development theme. 17.74.050 Development standards. A. Public Realm and Streetscape 1. Public Sidewalks a. The following shall apply to public sidewalks: (1) The minimum building setback shall be twelve (12) feet as measured from the curb face, and shall be in the form of both existing right -of -way and a recorded pedestrian access and utility easement; (2) The minimum building setback area shall include a minimum seven (7) -foot wide detached sidewalk (clear zone) and a minimum five (5) -foot wide parkway (amenity zone) adjacent to all streets. The amenity zone shall be located between the curb face and the clear zone. The clear zone shall be located between the building and the amenity zone; (3) The sidewalk in the clear zone shall be constructed of concrete, comply with ADA accessibility standards and be subject to the review of the City Engineer; 0 (4) The clear zone shall be unobstructed by any permanent or nonpermanent element for a minimum width of seven (7) feet and a minimum height of eight (8) feet, and (5) The amenity zone shall include street trees, landscaping, public signs, public art, street lighting, street furniture, and other pedestrian- oriented amenities, as appropriate. 2. Street Trees a. All species of mature oak trees shall be preserved or otherwise dealt with in accordance with RMC Section 17.100.120. b. The removal of other mature trees shall be subject to the review and approval of the Urban Forester. c. Mature street trees that are approved for removal by the Urban Forester shall be replaced with a minimum of three (3) new mature box trees that have at least a twenty -four (24) inch box and are the same species of the replaced mature street trees or a species approved by the Urban Forester. The City reserves the right to increase the number of trees if it deems necessary in order to compensate for mature tree loss. d. The amenity zone shall be planted with street trees at an average spacing not greater than thirty (30) feet on center. 3. Transit Stops a. Transit stops shall be designed as integral elements of a residential /commercial mixed -use development by collocating them with pedestrian oriented amenities, such as pocket parks, courtyards, plazas, etc. whenever possible. b. When an existing transit stop is located on a sidewalk adjacent to the location of a development, a shelter for transit patrons shall be constructed that: (1) Incorporates architectural features of the development and is compatible with the development; and (2) Includes a shelter, bench and lighting. 4. Corner Lot a. On intersection corners, where both streets have four (4) lanes: 9 (1) Building architecture on intersection corners, where both streets have four (4) lanes or more, shall receive special treatment to enhance the pedestrian experience, and create visual interest and focal points at the entryways, such as but not limited to, building cut -offs and corner entrances with additional architectural detail, decorative landscaping, hardscape, planters, canopy, overhang or other architectural covering over the building entry, and (2) Buildings shall have a five (5) -foot angled corner setback measured from both intersecting property lines. a. On intersection comers, regardless of the number of lanes on each street: (1) Retail and office uses within buildings facing two (2) or more streets shall have at least one (1) customer entrance facing the primary street and one (1) customer entrance facing the second street or instead of two (2) entrances, a corner entrance; and (2) Buildings on corner lots shall address both streets with an equal level of architectural detail. 5. Outdoor Seating a. No permanent seats or structures shall be placed in the public right -of -way without the review and approval of the City Engineer. b. Outdoor seating furniture shall not be located within the clear zone without prior review and approval of the City Engineer. c. Outdoor seating furniture shall be a minimum of ten (10) feet from the nearest transit stop. d. Any outdoor dining area may be separated from the sidewalk only with planters, shrubs, or fencing with a maximum height of forty -two (42) inches. 6. Undergrounding of Utilities a. Utility lines to a development from the building to the property line, including but not limited to electric, communications, street lighting and cable television shall be placed underground. b. Utility lines within the right -of way shall be placed underground to the maximum extent practicable. The requirements of this section may be waived by the City Council upon recommendation from the City Engineer if it is determined that topographical, soil or any other conditions make such 10 underground installations unreasonable or impractical. B. Site Design and Circulation 1. Lot Size a. The minimum lot size for a residential /commercial mixed -use development shall be thirty thousand (30,000) square feet. 2. On -site Tree Preservation e. All species of mature oak trees shall be preserved or otherwise dealt with in accordance with RMC Section 17.100.120. a. The removal of other mature trees shall be subject to the review and approval of the City Council. b. Mature trees that are approved for removal by the City Council shall be replaced with new mature trees that have at least a twenty -four (24) inch box and are the same species of the replaced mature trees. 3. Bicycle Parking a. Bicycle parking spaces shall be equal to ten (10) percent of required off - street parking, with a minimum eight (8) bicycle parking spaces per residential /commercial mixed -use development. b. Bicycle parking facilities shall be: (1) Securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist theft, (2) Separated by a physical barrier to protect the bicycle from damage by motor vehicles if located within a vehicle parking area; and (3) Motor vehicle entrances shall display adequate signs to indicate the availability and location of the bicycle parking facilities. 4. Access and Location of Off - Street Parking a. At -grade parking shall not be located between any building and the street frontage. b. Vehicular access to corner lot developments shall be from an alley or from a side street. c. Access to parking on interior lots shall have only one (1) vehicular access, which shall not be from the street if the lot abuts an alley. A second vehicular access may be allowed for lots that have a street frontage of three - hundred fifty (350) feet or more and do not abut an alley. Developments on those lots may have additional driveways that are not closer than three - hundred (300) feet apart. 5. Parking Requirements a. Residential: (1) Two (2) parking spaces shall be provided for every dwelling unit; (2) One (1) guest parking space shall be provided for each two (2) dwelling units in a multiple - family dwelling project; (3) Residential parking shall be separate from commercial parking and accessed through a secure gated entrance; and (4) A reduction in the number of residential parking spaces may be approved upon the determination by the City Council that a parking demand analysis prepared by a competent traffic and transportation engineer demonstrates that the required number of spaces exceeds actual expected demand. b. Commercial (1) The parking requirements shall be provided in accordance with Chapter 17.84; and (2) Commercial parking shall be separate from residential parking by a secure gated entrance to the residential areas. 6. Separation of Access to Residential and Commercial a. Access to floors with residential units shall be secure and through a locking gate or entry way. 7. Trash and Loading Areas a. Trash and refuse collection, and recycling areas shall be provided in accordance with RMC Section 17.12.240. b. All trash enclosures shall be fully enclosed with self - closing and self - latching doors, and each enclosure shall accommodate both trash and recyclable bins. 12 c. Trash enclosures shall be an integral part of the building design whenever possible. d. Trash enclosures shall be of the same architectural style as the development. e. Trash chutes are encouraged. However, chute access must be screened from public view, be fully contained within a "chute closet' that is accessible by a self latching door, and have a safety hatch that is necessary to pull in order to dispose of trash. f. Loading areas shall be clearly designated g. Loading areas shall be screened from public view to avoid negative noise, visual, and illumination impacts on the residential portion of the development and may be accomplished by the construction of six (6) foot high perimeter walls that are architecturally compatible with the primary structures and on -site landscaping. h. All screening walls shall be landscaped using vines, hedges, or other plant material necessary to provide a minimum fifty percent (50 %) coverage. i. Trash pick -up and loading activities are permitted only during the hours of 7a.m. to 7p.m. 8. Ground -floor Access a. Commercial uses that have street frontage shall be accessible to the public through the street front entrance during all hours the business is open. b. Residents of a development shall have a separate and secure street access to the residential units. c. Pedestrian walkways or sidewalks shall connect all primary building entrances to one another. Pedestrian walkways shall also connect all on- site common areas, parking areas, storage areas, open space, and recreational facilities. 9. Open Space and Recreation a. Usable Common Open Space 13 (1) Each residential /commercial mixed -use development shall have at least one - hundred fifty (150) square feet of usable common open space per dwelling unit. (2) All usable common open space shall be conveniently located and readily accessible from all residential units in a residential /commercial mixed -use development. (3) Each usable common open space shall have no side with a dimension of less than ten (10) feet and may incorporate any areas of the site except where it is within five (5) feet of public rights -of -way, private streets and alleys, and shall not include or incorporate any driveways or parking areas, trash pickup or storage areas, utility areas, or on any roof top where mechanical equipment is located. (4) Forty -five percent (45 %) of the required usable common open space shall provide active recreation facilities such as recreational buildings, sports courts and swimming pools, children's play areas, and barbeque and picnic areas. The remainder of the required usable common open space shall be landscaped, accessible and available to all of the residents of the residential /commercial mixed -use development for outdoor activities. (5) There shall be a minimum distance of fifteen (15) feet measured horizontally between any swimming pool and the nearest point of any balcony, porch, second story patio, sun deck, or other architectural feature of a building or structure with windows, doors, or other openings of sufficient size to permit the passage of persons. (6) Courtyards internal to a project, or enclosed on at least three (3) sides, shall have a minimum width of forty (40) feet, and shall be landscaped with a ratio of hardscape to planting not exceeding a ratio of one (1) square foot of landscape to one (1) square foot of hardscape. Pools and spas shall be excluded from this ratio. (7) All required usable common open space shall be developed and professionally maintained in accordance with approved landscape and irrigation plans. b. Usable Private Open Space (1) Each dwelling unit shall also have a private patio or balcony for usable private open space that is not less than sixty (60) square feet in area, and shall have an average depth of not less than five (5) feet. No portion of any private patio or balcony shall be used for the permanent storage of 14 rubbish, junk, clotheslines, or garbage receptacles. "Permanent storage," as used in this subsection, means the presence for a period of forty-eight (48) or more consecutive hours on a patio or balcony. 10. Landscaping a. A landscape and irrigation plan shall be prepared by a professional landscape architect and shall be submitted and approved by the Planning Division along with the application for a precise plan of design. All usable open space, such as pedestrian walkways, separations between buildings, yard areas, and common recreation areas shall be landscaped and provided with permanent, moisture sensing devices, control timer, and underground irrigation systems. Said landscaping shall be developed in accordance with the submitted and approved landscaping plan and shall include a plan for continued maintenance. The landscape plan shall satisfy the following requirements: (1) The landscaping plan shall consist of a combination of trees, shrubs and groundcovers with careful consideration given to size at maturity. The minimum planting material size standards for identified landscaped or open areas are: (a) Specimen size tree materials (thirty (30) inch box) shall be provided for the ultimate coverage of no less than ten percent of the area to be devoted to landscaping, or ten trees, whichever is greater. (b) Tree material (fifteen (15) gallon) shall be provided for the ultimate coverage of fifteen percent (15 %) of the area devoted to landscaping or twenty (20) trees, whichever is greater. (c) All shrubs shall be a minimum of five (5) gallons in size and shall be used to enhance all entrances, walkways, building walls, and separation walls in a manner which compliments the entire project. (2) The landscape and irrigation plan shall make use of moisture sensors and controlled timing devices in regard to landscape irrigation concept for one hundred (100) percent watering to all planted areas. (a) Landscape design must incorporate energy and water conservation measures, and comply with RMC Chapter 13.08 Water Efficient Landscaping where applicable. (b) Non - deciduous trees shall be planted in un- covered surface parking lots at a minimum of one (1) tree per ten (10) spaces or to 15 provide a fifty (50) percent shade canopy coverage within a minimum of ten (10) years after planting. All trees within the parking area shall be a minimum of twenty -four inch (24 ") box size at planting. However, larger trees (e.g. 36 -inch box, and 48 -inch box) may be required by the City Council. Each tree shall have a deep root watering system and a root barrier. (c) The developer and subsequent owners shall be responsible for maintaining the landscaping as shown on the approved plan. Maintenance shall include regular irrigation, weeding, fertilizing, and pruning and replacement of dead materials. 11. On -site Facilities a. A laundry area shall be provided in each unit, or a common laundry area shall be provided. Such facilities shall consist of not less than one (1) automatic washer and dryer for each five (5) units or fraction thereof. b. A single area of private and secure storage space shall be provided for each dwelling unit. Such storage may be co- located with a utility closet so long as the required storage space remains clear of mechanical equipment and appurtenances, be located outside of the unit accessible from a common hallway or balcony /patio, or in the garage, provided it does not interfere with automobile parking. 12. Lighting a. A photometric survey (lighting plan) shall be approved by the Planning Commission for each mixed -use development. b. All residential /commercial mixed -use developments shall have exterior lighting that provides adequate visibility at entrances, public sidewalks and open areas with a safe level of illumination at night. c. Exterior lighting shall be of low intensity and shielded so that light will not spill out onto surrounding properties or project above the horizontal plane. d. Lighting shall not blink, flash, oscillate or be of unusually high intensity of brightness. Exposed neon or unshielded or uncovered lighting shall be prohibited. e. Lighting for commercial uses shall be appropriately shielded to not negatively impact the on -site residential units. f. All lighting shall be integrated with landscaping wherever possible. 16 13. Walls and Fences a. A six -foot high masonry wall shall be constructed along the property line of any lot where construction of any residential /commercial mixed -use development is adjacent to property zoned and or used for residential purposes. Said wall shall be limited in height to forty -two (42) inches where it abuts the required front yard setback on the adjacent property zoned or used for residential purposes. b. Walls shall have a decorative texture that matches the walls of the development. Vines shall be planted six (6) feet apart along all masonry walls to soften a wall's appearance. c. Chain -link, wood fences, barbed wire, razor -wire, and spikes shall be prohibited. C. Building Form 1. Setbacks a. Interior Lot Lines (1) The minimum setback area from an interior side lot line may be zero (0) but shall be a minimum of ten (10) feet if more than zero (0). b. Side Street (1) No minimum setback is required except where rear of lot abuts side of residential uses, school or park, in which case a setback of twenty (20) feet shall be maintained within twenty -five (25) feet of the established common property line. This required setback area may be used to meet the landscaping requirements, or for required open space, so long as all other provisions in this code are satisfied. c. Rear (1) If the site abuts residential uses, school or park a minimum ten (10) feet set back is required. (2) If the site abuts non - residential uses, the minimum setback from the rear lot line may be zero (0) but shall be a minimum of ten (10) feet if more than zero (0). (3) If the site abuts an alley, the minimum setback from the property line shall be ten (10) feet, provided the setback does not contain an egress or ingress access way to or from a covered parking structure. If an egress or 17 ingress access way is provided to or from a covered parking structure, the minimum setback from the property line shall be twenty (20) feet within the access way area. d. Front (1) The front setback on an arterial street may be zero (0) with a maximum setback of three (3) feet. In any case where the public sidewalk setback results in a greater setback, the sidewalk setback shall prevail. The setback area for the ground floor may be expanded beyond three (3) feet up to an additional ten (10) feet to provide enhanced building entrances, outdoor dining areas, courtyards, pedestrian arcades, and /or landscaping, etc. e. Any area of a surface parking lot that abuts a public street shall be set back from the sidewalk a minimum of ten (10) feet and screened by landscaping and a decorative three (3) foot high masonry wall. Landscaping shall include trees planted a maximum of twenty -five (25) feet on center and other plantings to achieve sixty (60) percent ground coverage within two (2) years of planting. f. Variable setback (1) All residential /commercial mixed -use developments shall have a variable height limitation when abutting R -1 and R -2 zones. (a) The second floor and above shall be stepped back from the rear property line as follows: establishing a height at six (6) feet above finished grade of the adjacent residential property line, a twenty (20) degree incline plane is projected that establishes the height limitation of the residential /commercial mixed -use development. (b) The second floor and above shall be stepped back from the side property line as follows: buildings shall be a maximum height of fifteen (15) feet, twenty (20) feet from the side property line, with a forty (40) degree inclined plane projected six feet high from property line to establish the height limitation of the residential /commercial mixed -use development. g. Encroachments (1) No part of the structure, permanent attachment or other similar architectural feature: (a) May extend into a required front, side or rear yard or minimum distance between buildings for more than two (2) feet; and 18 (b) May extend into the public right -of -way without approval of an encroachment permit. (2) Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or over a lot line. 2. Building Mass a. The maximum floor area ratio (FAR) and the number of dwelling units per acre for any residential /commercial mixed -use development shall be as established by the General Plan as outlined below. b. Mixed -Use: Residential /Commercial shall be developed with 25 -30 dwelling units per acre and a maximum 1.6:1 FAR. The project shall consist of a 67% residential and 33% commercial land use mix. Minor deviations from the land use percentage mix may be approved by the City Council. c. Mixed -Use: High Density Residential /Commercial shall be developed with 40 -60 dwelling units per acre and a maximum 2.0:1 FAR. The project shall consist of a 75% residential and 25% commercial land use mix. Minor deviations from the land use percentage mix may be approved by the City Council. 3. Height a. The maximum height of a residential /commercial mixed -use development shall be consistent with the land use element of the General Plan as outlined below: b. Mixed -Use: Residential /Commercial (25 -30 du /ac; 3 stories) shall have a maximum height of 45 feet. c. Mixed -Use: High Density Residential /Commercial (40 -60 du /ac; 4 stories) shall have a maximum height of 55 feet. 4. Screening a. Rooftops should be designed in a way that acknowledges their visibility from other buildings and the street. Equipment shall be screened on all four (4) sides from both the street and neighboring buildings using parapets or similar architectural features and from the top where visible from an adjacent building of greater height. b. Service and loading zones where visibility from public streets and views 19 from neighboring buildings and properties shall be screened by the use of decorative walls and /or dense landscaping that will serve as both a visual and a noise barrier. D. Land Use 1. Ground Floor Uses a. The ground floor uses on the street frontage shall be retail /commercial. b. Outdoor seating may be allowed on private property with a conditional use permit. c. When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation physical design and plant material should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area and a sign shall be posted. 2. Vertical Compatibility of Uses a. Commercial uses shall be designed and operated such that neighboring residents or residential units on the floors above are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries or late night activity. b. A conditional use permit shall be required for commercial uses that operate after midnight. c. No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments at the property lines of the site or within the interior of residential units on the site. 3. Noise Abatement a. Loudspeakers, bells, gongs, buzzers, or other noise attention or attracting devices that exceed 60 decibels between the hours of 7:00 a.m. and 10:00 p.m. or 45 decibels between the hours of 10:00 p.m. and 7:00 a.m. at any one time beyond the boundaries of the property or within office or residential uses on the floors above shall not be permitted. b. All windows in residential units in a residential /commercial mixed -use development shall be double - paned. c. Mechanical equipment shall be set back a minimum of four (4) feet from any residential property line and shall be insulated to prevent any noise 20 disturbance. d. Residential portions of the project shall be designed to limit the interior noise caused by the commercial and parking elements of the development. Proper design may include, but shall not be limited to, building orientation, double or extra- strength windows, wall and ceiling insulation, and orientation and insulation of vents. E. Architecture 1. Ground Floor Fagade a. There shall be articulated fagades at the ground floor street frontage, which may include such measures as indentation in plane, change of materials in a complimentary manner, and sensitive composition and juxtaposition of openings. b. A building shall have no more than twenty (20) feet of continuous linear street -level frontage that is without windows or entrances or other architectural detail. c. A minimum of fifty (50) percent of the ground floor fagade facing any arterial street to a height of eight (8) feet shall be visually transparent into the building or provide a minimum depth of three (3) feet for window merchandise display. 2. Window Placement a. Windows of residential units in residential /commercial mixed -use developments shall not directly face windows of other residential units within the residential /commercial mixed -use development and windows of residential units on lots that abut the residential /commercial mixed -use development in order to maximize privacy. 3. Design Differentiation Between Floors a. The area where the first floor meets the second floor shall clearly define a change in materials, colors, and style between the first and second floors. 4. Signs a. A uniform sign program shall be approved by the Planning Division for each residential /commercial mixed -use development. b. Permitted sign types shall be limited to wall, window, awning and 21 monument signs and shall not be located above the first floor. c. Building mounted signs, including wall, window and awning, shall not exceed a cumulative total of one (1) square foot of sign area per one (1) lineal foot of building frontage of each business. d. Pole signs shall be prohibited. e. A monument sign shall be used only to identify multiple businesses in the commercial portion of a residential /commercial mixed -use development based on the following criteria: (1) One -third (1/3) square foot of monument sign area per one lineal foot of lot frontage with a maximum of fifty (50) square feet. (2) The entire sign structure shall be considered as sign area. (3) The sign copy area shall not exceed sixty percent (60 %) of the background wall area. (4) All monument signs shall contain only the name of the development and /or the names of the businesses. (5) Monument signs shall not encroach into any required landscaped setback area when abutting open areas or encroach more than one -half the required landscaped setback area when located in front of a building. (6) Sign copy shall be back - lighted or indirectly lighted. (7) The background wall of the monument sign shall not exceed six feet in height. (8) A maximum of one (1) sign per development, and (9) The monument sign shall be setback a minimum of three (3) feet from the property line at a location where the building is setback a minimum of ten (10) feet. 5. Roofline Variation a. Flat roofs are preferred and shall be screened with parapets on all sides of the building. If no roof top equipment exists or is proposed the parapet shall be a minimum of three (3) feet in height. b. Where architecturally appropriate, sloped roofs shall provide articulation and variations to divide the massiveness of the roof. Sloped roofs shall 22 include eaves, which are a minimum of eighteen (18) inches in width. Sloped roofs shall screen mechanical equipment by providing a "roof - well ", or by placing the equipment within the roof structure. c. All rooflines in excess of forty (40) feet wide must be broken up through the use of gables, dormers, plantons, cutouts or other appropriate means. 6. Awnings a. Awnings may encroach into the public right -of -way by extending over the sidewalk or parkway with review and approval from the City Engineer and Building Official. b. Awnings, Arcades, and Galleries may encroach into the sidewalk within two (2) feet of the curb but must clear the sidewalk vertically by at least eight (8) feet. c. Projections beyond the front or exterior side lot line of a corner lot shall require the review and approval of the City Engineer and the Building Official. 7. Mechanical Equipment a. Wall mounted equipment shall be flush with the exterior building walls and painted to match the color of the exterior of the building and screened from the view of any public right -of -way. Window mounted air conditioners or exterior mounted fans shall be prohibited. b. Ground and pad mounted mechanical or utility equipment and other such similar equipment shall be screened from view from all public rights -of -way and adjacent properties by architectural building features, fencing or landscaping. 17.74.060 General Requirements A. Public Art Requirement 1. A freely accessible on -site public art work shall be integrated into each mixed - use development project. 2. The following words or phrases shall have the following meanings when used in this section: a. Art or Art Work. Art, including but not limited to, sculpture, painting, graphic arts, mosaics, photography, crafts, and environmental works. Art 2; or art work as defined herein may be permanent, fixed, may be an integral part of a building, facility, or structure, and may be integrated with the work of other design professionals. b. Artist. An individual generally recognized by critics and peers as a professional practitioner of the visual, performing, or literary arts, as judged by the quality of that professional practitioner's body of work, educational background, experience, public performances, past public commissions, sale of works, exhibition record, publications, and production of art work. The members of the architectural, engineering, design, or landscaping firms retained for the design and construction of a development project covered by this section shall not be considered artists for the purposes of this section. This definition applies only to the requirements of the section. c. Freely Accessible. The art work is accessible to and available for use by the general public during normal hours of business operation consistent with the operation and use of the premises. d. Public Art or Art Work. On -site art work produced by an artist, as defined herein, or team of artists, that is freely accessible on private property. 3. The following are not considered public art for the purposes of this section: a. Directional elements such as supergraphics, signage, or color coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions; b. Objects which are mass produced of standard design such as banners, signs, playground equipment, benches, statuary, street barriers, sidewalk barriers, or fountains; c. Reproduction, by mechanical or other means, of original works of art, d. Decorative, architectural, or functional elements which are designed by the building architect or landscape architect as opposed to an artist commissioned for this purpose, e. Landscape architecture, gardening, or materials, except where these elements are designed by the artist and are an integral part of the work of art by the artist; or f. Landscaping required by the Rosemead Municipal Code as part of the development entitlements. 24 4. Art plan documentation shall be submitted for approval by the Planning Commission for each mixed -use development. a. The Planning Commission shall review the submitted documentation, together with the recommendation of the Community Development Director, and approve, approve with conditions, or deny the proposed art work, and its proposed location, considering the qualifications of the artist, the aesthetic quality and harmony of the art work with the proposed development project, and the proposed location of and public accessibility to the art work. 5. Additional requirements for public art for on -site installation. a. Plaque. The public art shall be identified by a plaque that meets the standards in use by the City at the time of installation of the public art. The requirement of this paragraph may be waived if determined in a particular circumstance to be inconsistent with the intent of this section. b. Ownership and Maintenance of Art Work. All on -site public art work shall remain the property of the property owner and his /her successor(s) in the interest. The obligation to provide all maintenance necessary to preserve the art work in good condition shall remain with the property owner of the site. The developer and subsequently, the property owner, shall maintain, or cause to be maintained, in good condition the public art continuously after its installation and shall perform necessary repairs and maintenance to the satisfaction of the City. The maintenance obligations of the property owner shall be contained in a covenant and recorded against the property and shall run with the property. Failure to maintain the art work, as provided herein, is hereby declared to be a public nuisance. The City also may pursue additional remedies to obtain compliance with the provisions of this requirement, as appropriate. In addition to all other remedies provided by law, in the event the owner fails to maintain the art work, upon reasonable notice, the City may perform all necessary repairs, maintenance or secure insurance, and the costs, thereof shall become a lien against the real property. c. Location and Relocation of On -site Public Art. When and if the development project is sold at any time in the future, the public art must remain at the development at which it was created and may not be claimed as the property of the seller or removed from the development or its location approved by the Planning Commission. In the event that a property is to be demolished, the owner must relocate the public art to another publicly accessible, permanent location that is approved in advance by the Planning Commission. 25 A property owner may, for good cause, petition the Planning Commission to replace or re- locate the public art to another publicly accessible location on the development project site. Any removal, relocation, or replacement of the public art must be consistent with the California Preservation of Works of Art Act and the Federal Visual Artists' Rights Act and any other applicable law. If any approved art work placed on private property pursuant to this section is removed without City approval, the certificate of occupancy may be revoked. 6. Declaration of covenants, conditions and restrictions. a. The mixed -use project shall have recorded against it a declaration of covenants, conditions, and restrictions in favor of the City and in a form approved by the City Attorney which shall include the following provisions as appropriate: (1) The developer shall provide all necessary maintenance of the art work, including preservation of the art work in good condition to the reasonable satisfaction of the City and protection of the art work against destruction, distortion, mutilation, or other modification. (2) Any other reasonable terms necessary to implement the provisions of this section. B. Use of Green Construction Materials and Energy and Water Conservation Features 1. The following types of green building practices are encouraged: a. Developments that use materials composed of renewable, rather than nonrenewable resources (green construction materials). b. Developments that construct buildings that exceed minimum statewide energy construction requirements beyond Title 24 energy requirements. c. Developments that employ passive heating and cooling design strategies to the maximum extent feasible. Strategies to be considered include orientation; natural ventilation, including cross - ventilation in residential units, high insulation values, energy efficient windows including: high performance glass, light- colored or high - albedo (reflective) roofing and exterior walls, window shading, and landscaping that provides shading during appropriate seasons. 26 d. Developments that implement U.S. EPA Certified WaterSense labeled or equivalent faucets and high- efficiency toilets (HETs) in residential uses, and implement water conserving shower heads to the extent feasible. e. Developments that provide Energy -Star rated appliance in the residential units. C. Automated Teller Machines (ATM's) and Walk -Up Bank Services 1. ATM facilities shall be located only on the public street side of a residential /commercial mixed -use development. 2. The ATM shall be set back three feet into an alcove adjacent to the public sidewalk to provide a privacy area. 3. Adequate lighting for the ATM shall be provided. 4. The ATM shall provide rear -view mirrors and cameras that can record activity and have quality color video capabilities for surveillance purposes. 5. The ATM shall comply with ADA accessibility standards. 6. A trash receptacle shall be immediately accessible to the ATM. 7. ATM's and walk -up bank services are subject to the approval of the Planning Division. 8. When the ATM is removed, the structure's facade shall have a finished appearance consistent with the existing structure, and be subject to the approval of the Planning Division. D. Convenience Markets 1. A Convenience Market in a residential /commercial mixed -use development shall be a market or grocery store having an enclosed gross floor area of less than 3,000 square feet and engaged primarily in the sale of a limited range of food items, a limited range of household items, magazines, off -sale alcoholic beverages and similar items. Convenience markets in a residential /commercial mixed -use development shall satisfy the following criteria: a. A convenience market shall be permitted with a conditional use permit. b. No exterior vending machines shall be permitted. 27 c. No video, electronic or other amusement devices or games shall be permitted on the premises. d. No outdoor storage or stacking of shopping carts shall be permitted. e. No storage, display, or sales of any merchandise, fixtures or other material shall be permitted outside the building. E. Household Pets 1. If permitted by the property owner, or specifically allowed by the rights granted in the Covenants, Conditions and Restrictions (CC &R's) of the project, household pets subject to the requirements of Title 6 of the Rosemead Municipal Code may be allowed in the residential units of a residential /commercial mixed -use development. F. Self- Service Laundries 1. Any self - service laundry in a residential /commercial mixed -use development shall be operated with at least one (1) attendant on -site during all hours of operation. 2. The restroom facilities located within the self - service laundry shall remain locked at all times until access is provided to customers by means of a key provided by the self - service laundry attendant. 3. Signs shall be posted in a conspicuous place inside the self - service laundry that notifies patrons that loitering, panhandling and /or the consumption of alcoholic beverages upon the premises is prohibited. 4. Window signs shall not be permitted 5. All laundry carts shall remain inside the building. 6. No video, electronic or other amusement devices or games shall be permitted in the self - service laundry. 7. There shall be a maximum of three (3) vending machines at the self- service laundry and all of the vending machines shall be located inside the building. 8. Clear windows shall be provided at the entry and along the storefront to provide visibility into the unit. H. Special Activities 28 1. The sale of any goods on a sidewalk or alley adjacent to a residential /commercial mixed -use development shall be prohibited. 2. Temporary Banners a. A banner permit is required for the use of temporary banners. b. The use of temporary banners shall be limited to two (2) events per year. The use of a temporary banner at each event shall be for a maximum of thirty (30) days. If a temporary banner is used for more than thirty (30) days, the prohibited days will be accounted to the next event. c. There shall be a maximum of two (2) temporary banners per event. d. The maximum size of a temporary banner shall be three (3) feet by ten (10) feet. 3. Traditional non - commercial holiday decorations that do not contain advertising shall be permitted. 4. The display of no more than three of any of the following flags shall be permitted at the same time at any single location on a residential /commercial mixed -use development: a. The flag of the United States; b. The flag of the State of California or its political subdivisions. 5. Prohibited Advertising and Display. a. The following advertising and displays shall be prohibited: (1) Outdoor advertising, displays and /or sales of merchandise or promotional materials in a location outside of a building, (2) Inflatable advertising displays, (3) Roof- mounted displays of flags, pennants or pennant -type banners balloons, inflatable devices, or similar displays; and (4) Flags, banners or balloons displayed in a landscape area or on a fence. G. Used Goods 29 1. Used goods, furniture, appliances, equipment and machinery may not be displayed or sold unless such goods have been taken in trade on new sales made at the same location. 2. All sales of used goods, furniture, appliances, equipment and machinery shall be incidental to the permitted uses of the overlay zone and shall be a minor part of the business conducted on the premises. H. Visible Street Address 1. The street address of a residential /commercial mixed -use development shall be clearly visible from the street to which the building is addressed. SECTION 5. The Planning Commission of the City of Rosemead does hereby recommend that the City Council adopt the amendment to the "Mixed -Use Design Guidelines." SECTION 6. This resolution is the result of an action taken by the Planning Commission April 5, 2010 by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 7. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 5 th day of April, 2010. Diana Herrera, Chairwoman 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 5" day of April, 2010 by the following vote: 30 YES: NO: ABSENT: ABSTAIN: Stan Wong, Secretary 31 PC RESOLUTION 10 -11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE MUNICIPAL CODE AMENDMENT 10 -03, APPROVING MUNICIPAL CODE AMENDMENT 10 -03, ADDING THE C-4 REGIONAL COMMERCIAL ZONE AND CHAPTER 17.46 TO THE CITY'S MUNICIPAL CODE TO ESTABLISH DEVELOPMENT STANDARDS FOR THAT ZONE. WHEREAS, Section 17.116.010 of the Rosemead Municipal Code sets forth procedures and requirements for Municipal Code Amendments; and WHEREAS, the City of Rosemead has adopted the General Plan and Zoning Ordinance, including specific development standards, to control development; and WHEREAS, Sections 17.116 and 17.124 of the Rosemead Municipal Code authorize the Planning Commission to consider and recommend proposed zone changes to the City Council; and WHEREAS, pursuant to California Government Code Section 65091, this public hearing notice has been published in the San Gabriel Tribune on March 26, 2010, as the number of owners of real property within 300 feet of the project site is greater 1,000. Lastly, this notice is also posted in six (6) public locations, specifying the availability of the application, plus the date, time and location of the public hearing on March 25, 2010. WHEREAS, on April 5, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Municipal Code Amendment 10 -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 . The Rosemead City Council adopted a General Plan update and certified an accompanying Program Environmental Impact Report (Program EIR) on October 14, 2008. The certified Program EIR provided a program -level assessment of the environmental impacts resulting from development pursuant to land use policy and implementation of the goals and policies set forth in all chapters of the updated General Plan, as well as long -term implementation of the General Plan through a revised Zoning Code. On , the City Council adopted an addendum EIR, along with a new Statement of Overriding Considerations, for the 2010 General Plan Update. The Exhibit E Addendum EIR is based on the 2008 Program EIR in accordance with CEQA Guidelines Section 15164. Municipal Code Amendment 10 -03 is consistent with the Program EIR and Addendum, and pursuant to Public Resources Code 21083.3 and CEQA Guidelines sections 15162, 15168, and 15183 is exempt from the requirement that additional environmental documentation be prepared. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that Municipal Code Amendment 10 -03 is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed amendment, in that the change to the Rosemead Municipal Code will provide a superior level of planning and protection to the quality and character of the City. SECTION 3. The Planning Commission FURTHER FINDS AND DETERMINES that Municipal Code Amendment 10 -03 is consistent with the Rosemead General Plan as follows: A. Land Use: Municipal Code Amendment 10 -03 consists of requiring approval of a Design Review (DR) entitlement application for any new commercial project within the Regional Commercial C -4 zone. The code amendment will provide provisions for a wide range of permitted uses, as well as standards to regulate the public realm and streetscape, site design and circulation, building form, land use, and architecture. The propose code amendment will achieve the goal of providing an overall urban design framework to ensure that the quality, appearance and effects of buildings, improvements and uses are compatible with the City design criteria and goals. The provisions have also been structured to attract tax generating uses that have the potential to augment the City's economic base. B. Circulation: Municipal Code Amendment 10 -03 proposes detailed site access and circulation criteria, as well as parking requirements. Potential impacts to traffic and transportation depend on the extent of a proposed project and local conditions. Each new proposed residential /commercial mixed -use project will be required to provide efficient vehicular access to the site. Furthermore, new development will be required to satisfy the parking requirements outlined in the municipal code. C. Housing: The proposed municipal code amendment will not induce substantial new population growth nor displace existing housing units or people. The Regional Commercial C -4 zone will only allow commercial uses. The municipal code amendment is not proposing a maximum Floor Area Ratio (FAR) than what is already established in the City's General Plan. D. Resource Management: Municipal Code Amendment 10 -03 encourages the use of green construction materials, and energy and water efficient conservation features. Any proposed development resulting from this municipal code amendment would be located in a developed urban area, and as such, will not result in any impact upon natural resources. E. Noise: The development standards will also require residential units to be designed to limit the interior noise caused by the commercial and parking elements of a mixed -use development, as well as regulate the placement of mechanical equipment to prevent noise disturbance. Lastly, all new developments will be required to comply with the City's Noise Ordinance. F. Public Safety: Impacts to law or fire enforcement, parks, and public facilities are area or community specific. The proposed municipal code amendment would not impact police, fire, or school services, and there would be no change in demand for or use of public parks. The entire City of Rosemead is located in Flood Zone C (flood insurance is not mandatory) and is free from any flood hazard designations SECTION 4. CODE AMENDMENT, The Planning Commission does hereby recommend that Chapter 17.46 "Regional Commercial C -4" be added to the Rosemead Municipal Code to read as follows: Chapter 17.46 C -4 REGIONAL COMMERCIAL ZONE Sections: 17.46.010 Purpose and intent. 17.46.020 Applicability 17.46.030 Approval procedure. 17.46.040 Permitted uses and floor area requirements. 17.46.050 Development standards. 17.46.060 General requirements. 17.46.010 Purpose and intent. A. Purpose. The purpose of the C -4 zone is to provide opportunities for well- designed sub - regional commercial centers that provide goods and services in a larger retail form with ancillary smaller retail uses supporting the sub - regional commercial uses. The Regional Commercial areas will result in a higher level of site design, including architectural character and urban design, vehicular access, parking, landscaping, and pedestrian amenities. 3 B. Intent. The intent of this zone is to accomplish the following objectives: 1. Establish a well - balanced and carefully planned collection of signature commercial retail anchors, general retail outlets, and casual to upscale restaurants, which take advantage of the site's accessibility to major roadway corridors, 2. Allow for the development of site in a manner which will provide a productive use of commercial opportunities, 3. Expand commercial retail and restaurant options for local customers by providing daytime and nighttime shopping and dining opportunities in a safe and secure environment, 4. Augment the City's economic base by providing a variety of tax generating uses; 5. Create employment generating opportunities for the residents of Rosemead and surrounding communities; 6. Require consistent and rational development of the site(s) in accordance with established and functional aesthetic standards: and 7. Minimize impacts on surrounding residential neighborhoods by providing adequate mitigation measures that address project access, loading and unloading activities, parking, development scale and massing, screening, noise, lighting, and architectural design. 17.46.020 Applicability. A. The following regulations shall apply to the C -4 Regional Commercial zone unless otherwise provided in this title. B. The C -4 Regional Commercial designation consists of two project areas as outlined below: 1. Project Area 1. This area consists of 11 parcels of land totaling approximately 15.8 acres, located on the north side of Garvey Avenue between Del Mar Avenue and San Gabriel Avenue. This area is bounded by Garvey Avenue to the south, Strathmore Avenue to the west, single - family residential land uses to the north, and Paradise Trailer Park and Apartments to the east. 2. Project Area 2. This area is located on the southeast corner of Valley Boulevard and Walnut Grove Avenue, and includes three parcels totaling approximately 4 3.4 acres. Rubio Wash is located just south of site and a combination of commercial and single - family residential land uses are located to the east. 17.46.030 Approval procedure. A. General Requirements. 1. A precise plan of design for a commercial development shall be submitted and approved in accordance with the requirements of Section 17.72.060, with the exception that the City Council shall approve or disapprove such project upon receiving a recommendation from the Planning Commission. 17.46.040 Permitted Uses and Floor Area Requirements A. The C -4 Regional Commercial zone provides opportunities for commercial retail and restaurant related uses. The zone designation permits the following mix of land uses and building sizes as identified in Table 1 -1 and Table 1 -2 below: B. Table 1 -1: Land Use and Building Size Requirements for Project Area 1, as identified in the General Plan The primary use of the site shall have a major anchor tenant 75,000 - 140,000 square feet and /or a hotel use Permitted Uses Building Sizes minimums and maximums Large Retail Center with Anchor Tenants: Consumer electronics and appliances 75,000- 140,000 retail, department store, square feet discount and variety store, home improvement, and hardware store. General Retail Outlets: Home furnishing and housewares retail; music, video, book and entertainment retail, office 15,000- 35,000 products retail; sporting and square feet recreational equipment retail, hobby and craft retail, and otherspecialty retail Restaurant - Related Uses: 5,000- 10,000 square feet 5 Casual dining restaurants, specialty eateries, and upscale dinin Hotel, when approved with a 100 guest rooms Conditional Use Permit Ancillary Commercial Uses, include the following as well as uses of similar character as approved by the Community Development Director: Eating and Drinking Establishments (restaurants, fast food facilities, including drive - through services, candy and confectionaries shops, delicatessens, donut shops, and coffee sales), Financial Institutions (banks, savings and loans, and credit unions), Food and Beverage Sales (markets, catering services, and retail 1,500 -3,000 square feet bakeries), Personal Services and Sales (beauty and barbershops, including beauty supply, florist shops, photography studios, private postal service, travel agencies, tailors, shoe repairs, video sales and /or rental), Specialized Retail (consumer electronics, fabric store, hobbies and crafts, apparel and accessories, books and magazines, jewelry, sporting good (sales and rental), photography, and stationery sales C. Table 1 -2: Land Use and Building Size Requirements for Project Area 2, as identified in the General Plan The primary use of the site shall have a minimum of one general retail outlet and/or a hotel use Permitted Uses Building Sizes minimums and maximums) General Retail Outlets: Home furnishing and housewares retail; music, video, book and 15,000- 35,000 entertainment retail; office products square feet retail; sporting and recreational equipment retail; hobby and craft retail; and otherspecialty retail Restaurant - Related Uses: Casual dining restaurants, specialty 5,000 - 10,000 square feet eateries, and upscale dinin Hotel, when approved with a Conditional Use Permit 100 guest rooms Ancillary Commercial Uses, include the following as well as uses of similar character as approved by the Community Development Director: Eating and Drinking Establishments (restaurants fast food facilities, including drive - through services, candy and confectionaries shops, 1,500 -3,000 square feet delicatessens, donut shops, and coffee sales), Financial Institutions (banks, savings and loans, and credit unions), Food and Beverage Sales (markets, catering services, and retail bakeries), Personal Services and Sales (beauty and barbershops, including beauty supply, florist shops, photography studios, private postal service, travel agencies, tailors, shoe repairs, video sales and /or rental), Specialized Retail (consumer electronics, fabric store, hobbies and crafts, apparel and accessories, books and magazines, jewelry, sporting good (sales and rental), photography, and stationery D. Notwithstanding the provisions of Section 17.112.020, the following uses shall be the only uses for which a Conditional Uses Permit may be applied for and granted in the C -4 Regional Commercial zone Any establishment having an off -sale license for alcoholic beverages; Any establishment having an on -sale license for alcoholic beverages, and Any hotel establishment, in accordance with Section 17.112.020 and Section 17.46.060(D). E. Except as provided in sections 17.46.040(6), 17.46.040(C), and 17.46.040(D), all commercial uses and nonresidential uses are strictly prohibited in the C -4 Regional Commercial zone. 17.46.050 Development standards. A. Public Realm and Streetscape 1. Public Sidewalks a. The following shall apply to public sidewalks: (1) The minimum building setback shall be twelve (12) feet as measured from the curb face, and shall be in the form of both existing right -of -way and a recorded pedestrian access and utility easement; (2) The minimum building setback area shall include a minimum seven (7) -foot wide detached sidewalk (clear zone) and a minimum five (5) -foot wide parkway (amenity zone) adjacent to all streets. The amenity zone shall be located between the curb face and the clear zone. The clear zone shall be located between the building and the amenity zone; (3) The sidewalk in the clear zone shall be constructed of concrete, comply with ADA accessibility standards and be subject to the review of the City Engineer; I (4) The clear zone shall be unobstructed by any permanent or nonpermanent element for a minimum width of seven (7) feet and a minimum height of eight (8) feet; and (5) The amenity zone shall include street trees, landscaping, public signs, public art, street lighting, street furniture, and other pedestrian- oriented amenities, as appropriate. 2. Street Trees a. All species of mature oak trees shall be preserved or otherwise dealt with in accordance with RMC Section 17.100.120. b. The removal of other mature trees shall be subject to the review and approval of the Urban Forester. c. Mature street trees that are approved for removal by the Urban Forester shall be replaced with a minimum of three (3) new mature box trees that have at least a twenty -four (24) inch box and are the same species of the replaced mature street trees or a species approved by the Urban Forester. The City reserves the right to increase the number of trees if it deems necessary in order to compensate for mature tree loss. d. The amenity zone shall be planted with street trees at an average spacing not greater than thirty (30) feet on center. 3. Transit Stops a. Transit stops shall be designed as integral elements of a commercial development by collocating them with pedestrian oriented amenities, such as pocket parks, courtyards, plazas, etc, whenever possible. b. When an existing transit stop is located on a sidewalk adjacent to the location of a development, a shelter for transit patrons shall be constructed that: (1) Incorporates architectural features of the development and is compatible with the development; and (2) Includes a shelter, bench and lighting. 9 4. Corner Lot a. On intersection corners, where both streets have four (4) lanes: (1) Building architecture on intersection corners, where both streets have four (4) lanes or more, shall receive special treatment to enhance the pedestrian experience, and create visual interest and focal points at the entryways, such as but not limited to, building cut -offs and corner entrances with additional architectural detail, decorative landscaping, hardscape, planters, canopy, overhang or other architectural covering over the building entry; and b. On intersection corners, regardless of the number of lanes on each street: (1) Retail, restaurant, or overnight accommodation uses within buildings facing two (2) or more streets shall have at least one (1) customer entrance facing the primary street and one (1) customer entrance facing the second street or instead of two (2) entrances, a corner entrance; and (2) Buildings on corner lots shall address both streets with an equal level of architectural detail. 5. Outdoor Seating a. No permanent seats or structures shall be placed in the public right -of -way without the review and approval of the City Engineer. b. Outdoor seating furniture shall not be located within the clear zone without prior review and approval of the City Engineer. c. Outdoor seating furniture shall be a minimum of ten (10) feet from the nearest transit stop. d. Any outdoor dining area may be separated from the sidewalk only with planters, shrubs, or fencing with a maximum height of forty -two (42) inches. e. When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation 10 physical design and plant material should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area and a sign shall be posted. 6. Undergrounding of Utilities a. Utility lines to a development from the building to the property line, including but not limited to electric, communications, street lighting and cable television shall be placed underground. b. Utility lines within the right -of way shall be placed underground to the maximum extent practicable. The requirements of this section may be waived by the City Council upon recommendation from the City Engineer if it is determined that topographical, soil or any other conditions make such underground installations unreasonable or impractical. B. Site Design and Circulation 1. Minimum Development Area a. The minimum development area for a commercial project within Project Area 1 shall be fifteen (15) acres. b. The minimum development area for a commercial project within Project Area 2 shall be three (3) acres. c. Lots may be subdivided within each development site area for the purpose of creating a commercial condominium or separate commercial pads in accordance with RMC Chapter 17.88, RMC Title 16, and the Subdivision Map Act. 2. On -site Tree Preservation a. All species of mature oak trees shall be preserved or otherwise dealt with in accordance with RMC Section 17.100.120. a. The removal of other mature trees shall be subject to the review and approval of the City Council. b. Mature trees that are approved for removal by the City Council shall be replaced with new mature trees that have at least a twenty -four (24) inch box and are the same species of the replaced mature trees. 3. Bicycle Parking a. Bicycle parking spaces shall be equal to three (3) percent of required off - street parking. b. Bicycle parking facilities shall be: (1) Securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist theft; (2) Separated by a physical barrier to protect the bicycle from damage by motor vehicles if located within a vehicle parking area; and (3) Motor vehicle entrances shall display adequate signs to indicate the availability and location of the bicycle parking facilities. 4. Access and Location of Off - Street Parking a. At -grade parking shall not be located between any building and the street frontage. b. Vehicular access to corner lot developments shall be from an alley or from a side street. c. Access to parking on interior lots shall have only one (1) vehicular access, which shall not be from the street if the lot abuts an alley. A second vehicular access may be allowed for lots that have a street frontage of three - hundred fifty (350) feet or more and do not abut an alley. Developments on those lots may have additional driveways that are not closer than three - hundred (300) feet apart. 5. Parking Requirements a. The parking requirements shall be provided in accordance with RMC Section 17.84. 6. Trash and Loading Areas a. Trash and refuse collection, and recycling areas shall be provided in accordance with RMC Section 17.12.240. 12 b. All trash enclosures shall be fully enclosed with self - closing and self - latching doors, and each enclosure shall accommodate both trash and recyclable bins. c. Trash enclosures shall be an integral part of the building design whenever possible. d. Trash enclosures shall be of the same architectural style as the development. e. Loading areas shall be clearly designated. f. Loading areas shall be screened from public view to avoid negative noise, visual, and illumination impacts on neighboring residential development and may be accomplished by the construction of six (6) foot high perimeter walls that are architecturally compatible with the primary structures and on -site landscaping. g. All screening walls shall be landscaped using vines, hedges, or other plant material necessary to provide a minimum fifty percent (50 %) coverage. h. Trash pick -up and loading activities are permitted only during the hours of 7a.m. to 7p.m. 7. Landscaping a. A landscape and irrigation plan shall be prepared by a professional landscape architect and shall be submitted and approved by the Planning Division along with the application for a precise plan of design. Said landscaping shall be developed in accordance with the submitted and approved landscaping plan and shall include a plan for continued maintenance. The landscape plan shall satisfy the following requirements: (1) The landscaping plan shall consist of a combination of trees, shrubs and groundcovers with careful consideration given to size at maturity. The minimum planting material size standards for identified landscaped or open areas are: (a) Not less than 5 percent of the gross area of the site devoted to at grade parking shall be developed with interior landscaping. (b) Specimen size tree materials (thirty (30) inch box) shall be provided for the ultimate coverage of no less than ten percent of the li area to be devoted to landscaping, or ten trees, whichever is greater. (c) Tree material (fifteen (15) gallon) shall be provided for the ultimate coverage of fifteen percent (15 %) of the area devoted to landscaping or twenty (20) trees, whichever is greater. (d) All shrubs shall be a minimum of five (5) gallons in size and shall be used to enhance all entrances, walkways, building walls, and separation walls in a manner which compliments the entire project. (2) The landscape and irrigation plan shall make use of moisture sensors and controlled timing devices in regard to landscape irrigation concept for one hundred (100) percent watering to all planted areas. (a) Landscape design must incorporate energy and water conservation measures, and comply with RMC Chapter 13.08 Water Efficient Landscaping where applicable. (b) Non - deciduous trees shall be planted in un- covered surface parking lots at a minimum of one (1) tree per ten (10) spaces or to provide a fifty (50) percent shade canopy coverage within a minimum of ten (10) years after planting. All trees within the parking area shall be a minimum of twenty -four inch (24 ") box size at planting. However, larger trees (e.g. 36 -inch box, and 48 -inch box) may be required by the City Council. Each tree shall have a deep root watering system and a root barrier. (c) The developer and subsequent owners shall be responsible for maintaining the landscaping as shown on the approved plan. Maintenance shall include regular irrigation, weeding, fertilizing, and pruning and replacement of dead materials. 8. Lighting a. A photometric survey (lighting plan) shall be approved by the Planning Commission for each commercial development. b. All commercial developments shall have exterior lighting that provides adequate visibility at entrances, public sidewalks, open areas, and parking lots with a safe level of illumination at night. 14 c. Exterior lighting shall be of low intensity and shielded so that light will not spill out onto surrounding properties or project above the horizontal plane. d. Lighting shall not blink, flash, oscillate or be of unusually high intensity of brightness. Exposed neon or unshielded or uncovered lighting shall be prohibited. e. All lighting shall be integrated with landscaping wherever possible. 9. Walls and Fences a. A six -foot high masonry wall shall be constructed along the property line of any lot where construction of any development is adjacent to property zoned and or used for residential purposes. Said wall shall be limited in height to forty -two (42) inches where it abuts the required front yard setback on the adjacent property zoned or used for residential purposes. b. Walls shall have a decorative texture that matches the walls of the development. Vines shall be planted six (6) feet apart along all masonry walls to soften a wall's appearance. c. Chain -link, wood fences, barbed wire, razor -wire, and spikes shall be prohibited. C. Building Form 1. Setbacks a. Interior Lot Lines. The minimum setback area from an interior side lot line may be zero (0) but shall be a minimum of ten (10) feet if more than zero (0). b. Side Street. No minimum setback is required except where rear of lot abuts side of residential uses, school or park, in which case a setback of twenty (20) feet shall be maintained within twenty -five (25) feet of the established common property line. This required setback area may be used to meet the landscaping requirements, so long as all other provisions in this code are satisfied. c. Rear (1) If the site abuts residential uses, school, or park a minimum ten (10) feet set back is required. 15 (2) If the site abuts non - residential uses, the minimum setback from the rear lot line may be zero (0) but shall be a minimum of ten (10) feet if more than zero (0). (3) If the site abuts an alley, minimum setback from the property line shall be five (5) feet, provided the setback does not contain an egress or ingress access way to or from a covered parking structure. If an egress or ingress access way is provided to or from a covered parking structure, the minimum setback from the property line shall be twenty (20) feet within the access way area. d. Front. The front setback shall be a minimum of 20 feet. In any case where the public sidewalk setback results in a greater setback, the sidewalk setback shall prevail. e. Any area of a surface parking lot that abuts a public street shall be set back from the sidewalk a minimum of ten (10) feet and screened by landscaping and a decorative three (3) foot high masonry wall. Landscaping shall include trees planted a maximum of twenty -five (25) feet on center and other plantings to achieve sixty (60) percent ground coverage within two (2) years of planting. f. Variable setback. All developments shall have a variable height limitation when abutting R -1 and R -2 zones. (1) The second floor and above shall be stepped back from the rear property line as follows: establishing a height at six (6) feet above finished grade of the adjacent residential property line, a twenty (20) degree incline plane is projected that establishes the height limitation of the commercial development. (2) The second floor and above shall be stepped back from the side property line as follows: buildings shall be a maximum height of fifteen (15) feet, twenty (20) feet from the side property line, with a forty (40) degree inclined plane projected six feet high from property line to establish the height limitation of the commercial development. g. Encroachments (1) No part of the structure, permanent attachment or other similar architectural feature may extend into: 16 (a) Any required front, side or rear yard or minimum distance between buildings for more than two (2) feet. (b) The public right -of -way without approval of an encroachment permit. (2) Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or over a lot line. 2. Building Mass a. The maximum floor area ratio (FAR) shall be as established by the General Plan. 3. Height b. The maximum height shall be 75 feet. 4. Screening a. Rooftops should be designed in a way that acknowledges their visibility from other buildings and the street. Equipment shall be screened on all four (4) sides from both the street and neighboring buildings using parapets or similar architectural features and from the top where visible from an adjacent building of greater height. b. Service and loading zones where visibility from public streets and views from neighboring buildings and properties shall be screened by the use of decorative walls and /or dense landscaping that will serve as both a visual and a noise barrier. D. Architecture 1. Ground Floor Fagade a. There shall be articulated fagades at the ground floor street frontage, which may include such measures as indentation in plane, change of materials in a complimentary manner, and sensitive composition and juxtaposition of openings. 2. Design Differentiation between Floors 17 a. The area where the first floor meets the second floor shall clearly define a change in materials, colors, and style between the first and second floors. 3. Signs a. A uniform sign program shall be approved by the Planning Division for each commercial development. b. Permitted sign types shall be limited to wall, window, awning and monument signs. c. Building mounted signs, including wall, window and awning, shall not exceed a cumulative total of one (1) square foot of sign area per one (1) lineal foot of building frontage of each business. d. Pole signs shall be prohibited. e. A monument sign shall be used only to identify multiple businesses based on the following criteria: (1) One -third (1/3) square foot of monument sign area per one lineal foot of lot frontage with a maximum of fifty (50) square feet. (2) The entire sign structure shall be considered as sign area. (3) The sign copy area shall not exceed sixty percent (60 %) of the background wall area. (4) All monument signs shall contain only the name of the development and /or the names of the businesses. (5) Monument signs shall not encroach into any required landscaped setback area when abutting open areas or encroach more than one - half the required landscaped setback area when located in front of a building. (6) Sign copy shall be back - lighted or indirectly lighted. (7) The background wall of the monument sign shall not exceed six feet in height. (8) A maximum of two (2) monument signs per development, and 18 (9) The monument sign shall be setback a minimum of three (3) feet from the property line at a location where the building is setback a minimum of ten (10) feet. 4. Roofline Variation a. Flat roofs are preferred and shall be screened with parapets on all sides of the building. If no roof top equipment exists or is proposed the parapet shall be a minimum of three (3) feet in height. b. Where architecturally appropriate, sloped roofs shall provide articulation and variations to divide the massiveness of the roof. Sloped roofs shall include eaves, which are a minimum of eighteen (18) inches in width. Sloped roofs shall screen mechanical equipment by providing a "roof - well", or by placing the equipment within the roof structure. 5. Awnings a. Awnings may encroach into the public right -of -way by extending over the sidewalk or parkway with review and approval from the City Engineer and Building Official. b. Awnings, Arcades, and Galleries may encroach into the sidewalk within two (2) feet of the curb but must clear the sidewalk vertically by at least eight (8) feet. c. Projections beyond the front or exterior side lot line of a corner lot shall require the review and approval of the City Engineer and the Building Official. 6. Mechanical Equipment a. Wall mounted equipment shall be flush with the exterior building walls and painted to match the color of the exterior of the building and screened from the view of any public right -of -way. Window mounted air conditioners or exterior mounted fans shall be prohibited. b. Ground and pad mounted mechanical or utility equipment and other such similar equipment shall be screened from view from all public rights -of -way and adjacent properties by architectural building features, fencing or landscaping. 17.46.060 General requirements. 19 A. Public Art Requirement 1. A freely accessible on -site public art work shall be integrated into each project. 2. The following words or phrases shall have the following meanings when used in this section: a. Art or Art Work. Art, including but not limited to, sculpture, painting, graphic arts, mosaics, photography, crafts, and environmental works. Art or art work as defined herein may be permanent, fixed, may be an integral part of a building, facility, or structure, and may be integrated with the work of other design professionals. b. Artist. An individual generally recognized by critics and peers as a professional practitioner of the visual, performing, or literary arts, as judged by the quality of that professional practitioner's body of work, educational background, experience, public performances, past public commissions, sale of works, exhibition record, publications, and production of art work. The members of the architectural, engineering, design, or landscaping firms retained for the design and construction of a development project covered by this section shall not be considered artists for the purposes of this section. This definition applies only to the requirements of the section. c. Freely Accessible. The art work is accessible to and available for use by the general public during normal hours of business operation consistent with the operation and use of the premises. d. Public Art or Art Work. On -site art work produced by an artist, as defined herein, or team of artists, that is freely accessible on private property. 3. The following are not considered public art for the purposes of this section: a. Directional elements such as supergraphics, signage, or color coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions; In. Objects which are massed produced of standard design such as banners, signs, playground equipment, benches, statuary, street barriers, sidewalk barriers, or fountains, c. Reproduction, by mechanical or other means, of original works of art, d. Decorative, architectural, or functional elements which are designed by the building architect or landscape architect as opposed to an artist commissioned for this purpose; 20 e. Landscape architecture, gardening, or materials, except where these elements are designed by the artist and are an integral part of the work of art by the artist; or f. Landscaping required by the Rosemead Municipal Code as part of the development entitlements. 4. Art plan documentation shall be submitted for approval by the Planning Commission for each development. a. The Planning Commission shall review the submitted documentation, together with the recommendation of the Community Development Director, and approve, approve with conditions, or deny the proposed art work, and its proposed location, considering the qualifications of the artist, the aesthetic quality and harmony of the art work with the proposed development project, and the proposed location of and public accessibility to the art work. 5. Additional requirements for public art for on -site installation. a. Plaque. The public art shall be identified by a plaque that meets the standards in use by the City at the time of installation of the public art. The requirement of this paragraph may be waived if determined in a particular circumstance to be inconsistent with the intent of this section. b. Ownership and Maintenance of Art Work. All on -site public art work shall remain the property of the property owner and his /her successor(s) in the interest. The obligation to provide all maintenance necessary to preserve the art work in good condition shall remain with the property owner of the site. The developer and subsequently, the property owner, shall maintain, or cause to be maintained, in good condition the public art continuously after its installation and shall perform necessary repairs and maintenance to the satisfaction of the City. The maintenance obligations of the property owner shall be contained in a covenant and recorded against the property and shall run with the property. Failure to maintain the art work, as provided herein, is hereby declared to be a public nuisance. The City also may pursue additional remedies to obtain compliance with the provisions of this requirement, as appropriate. In addition to all other remedies provided by law, in the event the owner fails to maintain the art work, upon reasonable notice, the City may perform all necessary repairs, maintenance or secure insurance, and the costs, thereof shall become a lien against the real property. 21 c. Location and Relocation of On -site Public Art. When and if the development project is sold at any time in the future, the public art must remain at the development at which it was created and may not be claimed as the property of the seller or removed from the development or its location approved by the Planning Commission. In the event that a property is to be demolished, the owner must relocate the public art to another publicly accessible, permanent location that is approved in advance by the Planning Commission. A property owner may, for good cause, petition the Planning Commission to replace or re- locate the public art to another publicly accessible location on the development project site. Any removal, relocation, or replacement of the public art must be consistent with the California Preservation of Works of Art Act and the Federal Visual Artists' Rights Act and any other applicable law. If any approved art work placed on private property pursuant to this section is removed without City approval, the certificate of occupancy may be revoked. 6. Declaration of covenants, conditions and restrictions. a. The project shall have recorded against it a declaration of covenants, conditions, and restrictions in favor of the City and in a form approved by the City Attorney which shall include the following provisions as appropriate: (1) The developer shall provide all necessary maintenance of the art work, including preservation of the art work in good condition to the reasonable satisfaction of the City and protection of the art work against destruction, distortion, mutilation, or other modification. (2) Any other reasonable terms necessary to implement the provisions of this section. B. Use of Green Construction Materials and Energy and Water Conservation Features 1. The following types of green building practices are encouraged: a. Developments that use materials composed of renewable, rather than nonrenewable resources (green construction materials). b. Developments that construct buildings that exceed minimum statewide energy construction requirements beyond Title 24 energy requirements. Y) c. Development that employ passive heating and cooling design strategies to the maximum extent feasible. Strategies to be considered include orientation; natural ventilation, high insulation values, energy efficient windows including: high performance glass, light- colored or high - albedo (reflective) roofing and exterior walls, window shading, and landscaping that provides shading during appropriate seasons. C. Automated Teller Machines (ATM's) and Walk -Up Bank Services. 1. The ATM shall be set back three feet into an alcove adjacent to the public sidewalk to provide a privacy area. 2. Adequate lighting for the ATM shall be provided. 3. The ATM shall provide rear -view mirrors and cameras that can record activity and have quality color video capabilities for surveillance purposes. 4. The ATM shall comply with ADA accessibility standards. 5. A trash receptacle shall be immediately accessible to the ATM. 6. ATM's and walk -up bank services are subject to the approval of the Planning Division. 7. When the ATM is removed, the structure's facade shall have a finished appearance consistent with the existing structure, and be subject to the approval of the Planning Division. D. Hotels 1. Hotel development shall be permitted with a conditional use permit. a. Hotels may be developed up to maximum permitted FAR of 1.0:1 if the projects include higher design standards and amenities identified in Table 1 -3. If a hotel project does not provide the amenities described in Table 1 -3, a maximum FAR of 0.35:1 shall be allowed. b. To obtain higher FAR standard (maximum permitted 1.0:1 FAR), projects must provide all of the amenities listed under the Required Hotel Amenities column and a minimum of two amenities listed under the Additional Hotel Amenities column. 23 Table 1 -3 Hotel Amenities Related to FAR Required Hotel Additional Hotel Amenities Amenities • Ball room Concierge Business desk center Convenience services store/ snack • Meeting shop rooms Daycare Restaurant, services bar, and Day spa lounge Fitness center • Florist and gift shop • Laundry service • Pavilion lounge Pool or spa /jacuzzi Valet parking E. Special Activities 1. The sale of any goods on a sidewalk or alley adjacent to a commercial development shall be prohibited. 2. Temporary Banners a. A banner permit is required for the use of temporary banners. b. The use of temporary banners shall be limited to two (2) events per year. The use of a temporary banner at each event shall be for a maximum of thirty (30) days. If a temporary banner is used for more than thirty (30) days, the prohibited days will be accounted to the next event. c. There shall be a maximum of two (2) temporary banners per event. 24 d. The maximum size of a temporary banner shall be three (3) feet by ten (10) feet. 3. Traditional non - commercial holiday decorations that do not contain advertising shall be permitted. 4. The display of no more than three of any of the following flags shall be permitted at the same time at any single location on a commercial development: a. The flag of the United States; b. The flag of the State of California or its political subdivisions. 5. Prohibited Advertising and Display a. The following advertising and displays shall be prohibited: (1) Outdoor advertising, displays and /or sales of merchandise or promotional materials in a location outside of a building; (2) Inflatable advertising displays; (3) Roof - mounted displays of flags, pennants or pennant -type banners balloons, inflatable devices, or similar displays; and (4) Flags, banners or balloons displayed in a landscape area or on a fence. F. Used Goods 1. Used goods, furniture, appliances, equipment and machinery may not be displayed or sold unless such goods have been taken in trade on new sales made at the same location. 2. All sales of used goods, furniture, appliances, equipment and machinery shall be incidental to the permitted uses of the overlay zone and shall be a minor part of the business conducted on the premises. G. Outside Display and Storage 1. All display of merchandise for sale on the premises shall be wholly within an enclosed building except for the following: a. Christmas trees and wreaths; 2. Outside storage (not for display purposes) is permitted on the rear area of a lot or parcel of land. On corner lots or where site coverage or topography make rear yard storage impossible or impose a severe hardship upon the owner or occupant of the 25 parcel, storage may be permitted, subject to the approval of the Community Development Director, in a side yard or open yard adjacent to a corner. Any outdoor area used for storage shall be completely enclosed by a solid masonry wall and solid gate not less than six feet in height. The Community Development Director may approve the substitution of a fence or decorative wall where such fence or wall provides adequate visual clearance, is structurally adequate, and equivalent in decorative appearance. In no event shall the height of such storage exceed the height of the wall or fence enclosing the storage area. H. Visible Street Address 1. The street address of a development shall be clearly visible from the street to which the building is addressed. SECTION 5. This resolution is the result of an action taken by the Planning Commission April 5, 2010 by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 7. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 5`" day of April, 2010. Diana Herrera, Chairwoman CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted bX the Planning Commission of the City of Rosemead at its regular meeting, held on 5` day of April, 2010 by the following vote: YES: NO: ABSENT: ABSTAIN: 26 Stan Wong, Secretary 27 PC RESOLUTION 10 -12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 10 -02, AMENDING A PORTION OF THE CITY OF ROSEMEAD ZONING MAP TO ACHIEVE CONSISTENCY WITH THE CITY GENERAL PLAN WHEREAS, Section 17.116.020 of the Rosemead Municipal Code sets forth procedures and requirements for Zone Changes; and WHEREAS, the City of Rosemead has adopted the General Plan and Zoning Ordinance, including specific development standards, to control development; and WHEREAS, Section 17.116 of the Rosemead Municipal Code authorize the Planning Commission to consider and recommend proposed zone changes to the City Council; and WHEREAS, pursuant to California Government Code Section 65091, this public hearing notice has been published in the San Gabriel Tribune on March 26, 2010, as the number of owners of real property within 300 feet of the project site is greater 1,000. Lastly, this notice is also posted in six (6) public locations, specifying the availability of the application, plus the date, time and location of the public hearing on March 25, 2010. WHEREAS, on April 5, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Zone Change 10 -02, and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1 . The Rosemead City Council adopted a General Plan update and certified an accompanying Program Environmental Impact Report (Program EIR) on October 14, 2008. The certified Program EIR provided a program -level assessment of the environmental impacts resulting from development pursuant to land use policy and implementation of the goals and policies set forth in all chapters of the updated General Plan, as well as long -term implementation of the General Plan through a revised Zoning Code. On , the City Council adopted an addendum EIR, along with a new Statement of Overriding Considerations, for the 2010 General Plan Update. The Addendum EIR is based on the 2008 Program EIR in accordance with CEQA Guidelines Section 15164. Municipal Code Amendment 10 -03 is consistent with the Exhibit F Program EIR and Addendum, and pursuant to Public Resources Code 21083.3 and CEQA Guidelines sections 15162, 15168, and 15183 is exempt from the requirement that additional environmental documentation be prepared. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that Zone Change 10 -02 is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed zone change, in that the change to the Zoning Map will provide a superior level of planning and protection to the quality and character of the City. SECTION 3. The Planning Commission FURTHER FINDS AND DETERMINES that Zone Change 10 -02 is consistent with the Rosemead General Plan as follows: A. Land Use: California State law requires zoning to be compliant with the goals, objectives and policies of the General Plan. Zone Change 10 -02 will satisfy this requirement. The zoning map revision will specifically bring all zoning designations into compliance with the goals and policies of the 2010 General Plan land use designations. B. Circulation: The zoning map update will bring City zoning designations into compliance with the goals, objectives, and policies of the General Plan. Potential impacts to traffic and transportation depend on the extent of a proposed project and local conditions. Each new proposed project will be required to provide efficient vehicular access to the site. Furthermore, all developments will be required to satisfy the parking requirements outlined in the municipal code. C. Housing: The proposed zone change will not induce substantial new population growth nor displace existing housing units or people. The zoning map update will bring City zoning designations into compliance with the goals, objectives, and policies of the General Plan. The new Regional Commercial C -4 and Residential /Commercial Mixed -Use Development Overlay zones are proposing maximum Floor Area Ratios (FAR) and densities consistent with what is already established in the City's General Plan. D. Resource Management: The zoning map update will bring City zoning designations into compliance with the goals, objectives, and policies of the General Plan. No land is being re- designated to allow development which was formally targeted for some conservation or resource management or extraction purpose. E. Noise: Zone Change 10 -02 would implement the goals and policies established in the 2010 General Plan Update. The associated development standards to the zones identified and established in this update will require new developments to developments to comply with the City's Noise Ordinance. Noise impacts would be similar to and possibly less than, the level of impacts identified in the 2008 General Plan EIR. F. Public Safety: Impacts to law or fire enforcement, parks, and public facilities are area or community specific. The proposed zone change would not impact police, fire, or school services, and there would be no change in demand for or use of public parks. The entire City of Rosemead is located in Flood Zone C (flood insurance is not mandatory) and is free from any flood hazard designations SECTION 4. The Planning Commission HEREBY RECOMMENDS TO THE CITY COUNCIL APPROVAL of Zone Change 10 -02, amending a portion of the City of Rosemead zoning map to achieve consistency with the city general plan SECTION 5. This resolution is the result of an action taken by the Planning Commission April 5, 2010 by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 7. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 5` day of April, 2010. Diana Herrera, Chairwoman CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted b the Planning Commission of the City of Rosemead at its regular meeting, held on 5` day of April, 2010 by the following vote: YES: NO: ABSENT: ABSTAIN: Stan Wong, Secretary