Ordinance No. 851 - Single Family Residential Design GuidelinesORDINANCE NO. 851
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA AMENDING SUBSECTIONS 17.12, 17.16, 17.20, 17.112 OF THE
ROSEMEAD MUNICIPAL CODE (ZONING ORDINANCE) RELATING TO
SINGLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS AND
ADOPTING SINGLE-FAMILY RESIDENTIAL DESIGN GUIDELINES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. The following Findings are adopted in support of amendments to Sections
17.12, 17.16, 17.20, AND 17.112 of the zoning ordinance by the City of Rosemead regulating the
construction of single-family homes and adopting "Single Family Design Guidelines" for R-1 and
R-2 zoning districts.
• A.
The City currently has provisions in its Municipal Code relating to development
standards for single-family homes in the R-1 and R-2 zoning districts.
B.
The City does not have guidelines on what constitutes appropriate design features
for large home development.
C.
The City wishes to establish guidelines to provide clarity to home designers relating
to the construction of new and remodeled home design.
D.
The proposed amendments and guidelines 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.
E.
The proposed amendments would not be detrimental to the public convenience,
health, safety, or general welfare of the City.
F.
The proposed amendments and guidelines will not have significant adverse effects
on the environment.
• Section 2. CODE AMENDMENTS . Sections 17.12, 17.16, 17.20 AND 17.112 of the
Rosemead Municipal Code are hereby amended by modifying the following municipal
code sections:
Chapter 17.12 GENERAL REQUIREMENTS
17.12.010 Conflicting regulations.
Where any provision of this title imposes more stringent requirements, regulations,
restrictions or limitations than are imposed or required by the provisions of any
other requirements, law or ordinance, or by private covenants, then the provisions
of this title shall control in the event of any conflict between such specific provision
or regulation and a general provision. (Prior code § 9121)
1
17.12.020 Less restrictive uses prohibited.
The express enumeration and authorization in this title of a particular class of
building, structure or use in a designated zone shall be deemed a prohibition of
such building, structure or use in all zones of more restrictive classification, except
as otherwise specified. (Prior code § 9121.1)
17.12.030 Additional permitted uses.
Uses other than those specifically mentioned in this title as uses permitted in each
of the zones may be permitted therein, provided such uses are similar to those
mentioned and are in the opinion of the City Council, as evidenced by a resolution
in writing, after a report and recommendation by the Planning Commission, not
more obnoxious or detrimental to the welfare of the community than the permitted
uses specifically mentioned in the respective zones. (Prior code § 9121.2)
• 17.12.040 Regulations applicable to all zones.
The general regulations provided in this section shall apply to all land to which this
is at any time applicable, unless otherwise provided. In case of any conflict
between the general regulations and the regulations provided with respect to a
specific zone, the latter shall control.
A. Uses Permitted. No building shall be erected, and no existing building shall be
moved, altered, added to or enlarged, nor shall any land, building or premises be
used, designed or intended to be used for any purpose or in any manner other than
a use listed in this title, or amendments thereto, as permitted in the respective zone
in which such land, building or premises is located.
B. Building Height. Where a building height is given, this shall be the maximum
• building height. Except as hereinafter provided, no building shall be erected nor
any existing building be moved, reconstructed or structurally altered to exceed in
height the limit established by this title, or amendments thereto, for the zone in
which such building is located.
C. Yards. Where a yard distance is given this shall be a minimum distance, except
as hereinafter provided:
1. No building shall be erected nor shall any existing building be removed,
altered, enlarged or rebuilt, nor shall any open spaces surrounding any
building be encroached upon or reduced in any manner except in conformity
with the yard regulations established by this title, or amendments thereto,
for the zone in which such building is located.
2. No yard or other open space provided about any building for the purpose of
complying with the regulations of this title or amendments thereto, shall be
2
considered as providing a yard or open space for any other building or
structure.
3.
o
f f betweeR the t # 47
f a
i
i
i
streets are develeped with
o
b
f
at
G
ldiRgs and have ftent yaFds with a vaF
u
eet, the depth 4 the frent y °rds
va ~
t't # the 4 h yard line. If the f # yaF
n depth of net meFe than ten
R
of s nh developed lotsshall
d line t h established h
t
o the aveFage of the fFGRt yard depths of
'
i
i
the Reare6t lot developed with
b
d of the Ld whos
ngs either
ld
u
e ffen# and depth is -heiRg
• 3.4 The front yard shall be measured from the front property line except that
where there is an official plan line or a future street line, the front yard shall
be measured from the official plan line or future street line.
D. Area Requirements. Where the lot area per dwelling unit is given this shall be
the minimum lot area per dwelling unit, provided, however, that when a lot in a
residential zone has less area than herein required and lawfully existed at the time
of the effective date of this title, the lots may be occupied by one dwelling unit.
E. Lot Width. Where a lot width is given this shall be a minimum distance.
F. Caretaker or Watchman Dwelling in Commercial and Industrial Zones. In any
commercial (C) or industrial (M) zone, dwellings for caretakers or watchmen may
• be erected and used under the following conditions:
A dwelling for a caretaker or watchman employed or designated, and actually
engaged in the care, protection, maintenance or operation of a lawful use, or of
property located on the same premises. Any building used for dwelling purposes
for a caretaker or watchman shall be established and maintained in compliance
with the provisions of the R-3 zone. A mobilehome or trailer shall not be construed
or approved as a dwelling for a caretaker or watchman in any zone, except that a
mobilehome or trailer may be temporarily used for such dwelling purpose for a
period not to exceed six months during the initial construction period of any new
development being established on the same premises. (Prior code 9103.3--
9103.9)
3
17.12.050 Access to property.
No property in a more restricted zone, shall be used for ingress to or egress from
property in a less restricted zone, other than for purposes permitted in such more
restricted zone. (Prior code § 9121.3)
17.12.060 Nonconforming buildings and uses generally.
The following regulations shall apply to all nonconforming buildings and structures
or parts thereof and uses existing at the effective date of this title.
A. Any such nonconforming building or structure may be continued and maintained
provided there is no physical change other than necessary maintenance and
repair in such building or structure except as otherwise provided in other sections
of this title.
• B. Any such nonconforming use may be maintained and continued, provided there
is no increase or enlargement of the area, space or volume occupied or devoted to
such nonconforming use, except as otherwise provided in this title.
C. Any part of a building, structure or land occupied by such a nonconforming use
which is changed to or replaced by a use conforming to the provisions of this title
shall not thereafter be used or occupied by a nonconforming use.
D. Any part of a building, structure or land occupied by such a nonconforming use,
which use is abandoned, shall not again be used or occupied for a nonconforming
use. Any part of a building, structure or land occupied by such a nonconforming
use, which use shall have ceased for a period of one year or more, shall not again
be used or occupied for a nonconforming use.
• E. If no structural alterations are made, a nonconforming use of a building may be
changed to another nonconforming use of a more restrictive classification, except
as herein otherwise provided with respect to zone C-3. In zone C-3, if a lawfully
existing building or structure is nonconforming because less than the required
amount of parking is provided, the use of such building or structure may be
changed on the conditions hereinafter provided, irrespective of such parking
deficiency to one of the following uses only:
1. Bakery products shops;
2. Barber shops;
3. Beauty shops and manicure parlors;
4. Confectionery stores;
5. Dressmaking or millinery shops;
6. Drug stores;
7. Dry cleaning, pressing and laundry agencies, including spotting, sponging and
pressing only;
8: Dry goods or notions stores;
4
9.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
lectric appliance stores and repairs;
Florist shops, greenhouses and flower nurseries;
Furniture stores;
Hardware stores;
Ice storage houses of not more than five-ton capacity;
Jewelry stores;
Meat markets or delicatessen stores;
Offices, business, or professional or public utility;
Photographic shops;
Radio and television stores;
Self service laundries;
Self service dry cleaning establishments;
Shoe stores or shoe repair shops;
Stationery and book stores;
Tailor, clothing or wearing apparel shops;
Libraries;
• 25. Police and fire stations;
26. Post offices;
27. Schools;
28. Telephone exchanges and communication equipment buildings.
No such change of use may be made without compliance with the provisions of
Chapter 17.84 with respect to improvement of such parking area as is afforded,
unless the Modification Committee shall find that the required improvement is
unreasonable or unnecessary in the circumstances.
F. In all R zones, every nonconforming building or structure which was designed,
arranged or intended for a use not permitted in the R zones, in the absence of a
variance permitting such use of structure shall be completely removed or altered
and converted to a conforming building, structure and use when such buildings or
• structures have reached, or may hereafter reach, the ages, computed from the
date of wood or wood frame construction twenty-five (25) years; if of masonry
construction forty (40) years. Provided, however, that this regulation shall not
become operative until ten years from the effective date of this title, and except
that this subsection shall not apply to lawfully existing public utility buildings and
structures.
G. Every nonconforming use of land (where no main building is involved) existing
at the time this title becomes effective shall be discontinued within three years from
the effective date of this title, except that this subsection shall not apply to public
utility uses.
H. Every nonconforming use of a conforming building or structure existing at the
time this title becomes effective shall be discontinued within three years from the
effective date of this title.
5
I. Any sign, billboard, commercial advertising structure or statuary which is lawfully
existing and maintained at the time this title becomes effective may be continued,
although such use does not conform with the provisions hereof; provided, however,
that no structural alterations are made thereto, and provided further that all such
nonconforming signs, billboards, commercial advertising structures or statuary, and
their supporting members, shall be completely removed from the premises not later
than three years from the effective date of this title.
J. The foregoing provisions of this section shall also apply to buildings, structures,
land or uses which hereafter become nonconforming due to any reclassifications
of zones under this title, or by reason of annexation of property to the city,
provided, however, that where a period of years is specified in this section for the
removal of nonconforming buildings, structures or uses, the period shall be
computed from the date of such reclassification or change.
• 1. The reclassification of permitted storage and display associated with
commercial uses as set forth in Sections 17.36.070, 17.44.070, 17.48.160 and
17.56.100, shall take effect on November 1, 1977, and all storage and display
uses described in those sections shall be in conformity with the provisions
contained therein on November 1, 1977.
K. The foregoing provisions of this section shall not apply so as to prevent the
modernization, reconstruction or replacement of public utility buildings, structures,
equipment and facilities where there is no change of use or increase in area of
property so used. (Prior code § 9121.4)
17.12.070 Registration of nonconforming buildings and uses.
All nonconforming uses and nonconforming buildings existing in zones other than
zones R-1 and R-2 upon the effective date of this title shall, by the owners thereof
• or their agents, be declared in an affidavit filed with the City Clerk within six
months after such date. Otherwise the right to maintain or continue such
nonconforming use or building shall cease and terminate at the expiration of the
six-month period.
Such affidavit shall contain the following information:
A. The legal description of the premises upon which the nonconforming use of building
exists;
B. The street address by which such premises are commonly known;
C. The name and address of the owner or owners of such premises;
D. The name and address of the occupant or tenant of such premises;
E. The business or trade name, if any, under which the nonconforming use is conducted;
F. A plot plan drawn to scale showing the location and dimensions of all buildings and
structures located on the premises involved. (Prior code § 9121.5)
6
17.12.080 Building under construction.
Any building or structure for which a building permit has been issued prior to the
effective date of this title may be completed and used in accordance with the
plans, specifications and permits on which the building permit was granted, if
construction is commenced within sixty (60) days after the issuance of the permit
and diligently prosecuted to completion. (Prior code § 9121.6)
17.12.090 Reconstruction of damaged nonconforming buildings.
Nothing in this title shall prevent the reconstruction, repairing or rebuilding and
continued use of any nonconforming building or structure partially damaged by
fire, collapse, explosion or acts of God subsequent to the effective date of this title,
where in the cost of such reconstruction does not exceed seventy-five (75) percent
of the assessed value or the building or structure at the time such damage
occurred as shown by the last equalized assessment roll of Los Angeles County.
All such reconstruction shall be performed under one building permit, started
within a period one year from date of damage and diligently prosecuted to
completion. The provisions of this section shall not apply to public utility buildings
and structures.
In the event such reconstruction cost would exceed seventy-five (75) percent of
the assessed value, as shown by the assessment roll, of the building or structure
at the time such damage occurred, no repairs or reconstruction shall be made
unless every portion of such building or structure is made to conform to all the
regulations for new buildings or structures in the zone in which it is located.
However, existing nonconforming residential structures in the R-1 and R-2 zones
which structures are damaged or destroyed by fire, collapse, explosion or acts of
God, may be repaired or reconstructed and such nonconforming residential use
may be continued, regardless of the cost of such repairs or reconstruction; subject
• to the limitation that such repairs or reconstruction shall not enlarge or change the
location of such nonconforming structures. (Prior code § 9121.7)
17.12.100 Nonconforming uses resulting from amendments.
The provisions of this title shall apply to uses which become nonconforming by
reason of any amendment to this title, as of the effective date of such amendment.
(Prior code § 9121.8)
17.12.110 Location of dwelling.
Except where otherwise provided for in this title, every dwelling shall face or have
frontage upon a street or permanent means of access to a street by way of a public .
or private easement or passageway other than an alley. (Prior code § 9121.9)
7
17.12.1230 Height of buildings.
No penthouses or roof structures for the housing of elevators, stairways, tanks,
ventilating fans or similar equipment; towers, roof signs or other structures shall
exceed the height limit provided in this title. Radio and television masts, steeples,
and flagpoles, Ghin'neys aRd smokestaGGks may extend not more than thirty (30)
feet above the height limit provided in this title, provided that in the opinion of the
Building Inspector the same may be safely erected and maintained at such height
in view of the surrounding conditions and circumstances. (Prior code § 9121.11)
17.12.1340 Dwelling and other occupancies.
• Where a dwelling is located, placed or erected above another type of use in zones
other than R-1, R-2, R-3, R-4 or A-1 zones, the rear and side yards for the floors
occupied for dwelling purposes shall comply with the provisions of the R-4 zone.
(Prior code § 9121.12)
G N h 'lair n the R 7 R 7 R Z R A or A 1 'f more then nne ZGRes, StGFY 'R height, shall be !()rated ReaFeF than five feet te aRY iRterieF pFoperty liRe.
C N h 'I`I' OR the Fear twenty five MF\ feet of a reversed corner Int
the R 4 R 7 R Z R A A l nps shall he to aced r to the side lot line E)F OR the t t id of oh reverted oorner lot than the front ya Fd depth renv vifed "n
the key lot in the rear
th f' f
l
'F + e #haR fn r {pet FrerR the main h+ ilydiu ~
t ' I
th
ess
e
# d th
eRq
e
, OF
f of not less #haR f'\/e fee# ' width C r•h -a#..nh,-d
t
b
er
e
o
y a
i
i
O
garage may ext
f
h b
h
f
6taRGe Of RE)t FneFe thaR ten
red FeaF yard feF a d
nto the Fequ
end
five (25) feet from
4 F
h hall not h er thaR twent
ut t
e
eet,
# et nrnvid
th
y
SUG
a a
nn annes6 #heretn
u i
e
.
fFGRt pmpeity !'Re, pFovided, how
eveF, that RG po
rtion of aRy suGh bu
ildiRg shall be
,,...y, __...y
• 17.12.1460 Through lots.
On through lots, either line separating such lot from a public thoroughfare may be
designated by the owner as the front lot line. In such cases, the minimum rear yard
shall be the average of the yards on lots next adjoining. If such lots next adjoining
are undeveloped, the minimum rear yard shall conform to the front yard setback
for the zone in which the property is located. The provisions of Section 17.16.200
shall apply to such rear yard. (Prior code § 9121.15)
• fellows:
A. r , rFt + fiFeplaGes or +h sirnila-r h'+ + 1 eaves, features d heating, t'In#' ad- a endi#'n 'n,agvey ipmeni net n yi ding
additional fleep spaGe WithiR the building may e)4eRd onto a required Uont, side 0
yard distanGe between buildings not to a ee'd twe feet.
FeaF F A .d above the level F the first floor of #h h, 'I.d'n ev+en.d intn any
d
id
f
t
t
th
FOVided
hew
an sox feet
that aR G
eR
ever
R
e OF FeaF yaF
, s
FGR
G
FROM
,
; P
p
,
6WOFRFnmRg peel ar fallout shelter may be IGGated less thaR five feet fFOFA a PFGpeFt~,f
J[RR THIS
SECTION MOVED TO CHAPTERS 17.16 and 17.20 11
17 12 180 C ally and hedges,
C II hedges, t h h fl .alts rlr' eways and similar
A I +h R 1 R 7 R Z R A d A 1 f all hedge Ie Gate'd 'n +h ZGReG Re 'd a d hall a ee'd a height "f s'v feet
FeaF 9F R I +h R 1 R 7 R 4 R A d A 1 f all h .dne Innn+erd 'n the
required fFGRt yaFd shall eXGeed a height ef four feet,
R 1 R 7 R R A and A 1
I th
e Innn
hed
f
II
4e.d Wthin
_
e
f' feet Loh „+•#_d•• •4h' ten -f~~t
g
_
the reaF , .i_... f-^____-_erd
n rln4
d tha
f + d 4h
h ti th
t
bli
h
let to th
I "Re OR the ke
shall
e rear
es
a
s
e
e
veal a height of fn r feet
y
,
R 1 R 2 R
D 1 th
Q R A and A 1Z n baFbe'd .
. a shall he
ed n
e
'
i
'
i
'
$
.d I
Res of
t
t
h
ll
i
n throe feet of sn
.d I
a let, .:th
l
feRGe 9F wall less t
t
f
R
t th
ne and n s
haR 6iX feet 'R
hare wirc_er
hei
ht
projeG
a
s s
a
po
n
e
op o
a
y
g
.
10
'
i
i
irtu
unatte
d
l
i
'
f i
bl to juveR
l
of
s
i
e o
n
ed
e
ter
n S by v
es, i e n#S r
ts
O
i
al health,
status a petent
GF Gede § 9121.17-)
Fe OF Safety hazard. (PF
f
4 I' /
# b +'I
d'
t r all
ree e Sto
ed on the
rer! thereon
durin
the
\
Y
J
a
r
g
t
"
d ' t
b
hi
6ee#'o
S then a for
a nerind of fo
h eight
erage,
us
s
e
s
17.12.150290 Utilities.
• The provisions of this title shall have no application to communication lines, electric
transmission or distribution lines or gas pipelines, regulators or meters, used
directly or indirectly for service to the public or any portion thereof by persons,
firms or corporations subject to the jurisdiction of and regulation by the Public
Utilities Commission of the state of California. (Prior code § 9121.19)
17.12.160240 Reduction of lot area or width.
Except as otherwise provided in this title, a person shall not divide any lot or parcel
of land or any portion thereof, if as a result of such division or conveyance the area
or average width of any lot or parcel of land so reduced, or a lot or parcel of land is
created, which lot or parcel of land has an area or average width less than the
minimum required by this title for a parcel with the number and type of structures
• on such resulting lot. or parcel, or less than the minimum area or width otherwise
required under any applicable provisions of this title. (Prior code § 9121.20)
17.12.1702-20 Recision of conveyance.
Any deed of conveyance, sale or contract to sell made contrary to the provisions of
Section 17.12.210 is voidable at the sole option of the grantee, buyer or person
contracting to purchase, his or her heirs, personal representative, or trustee in
insolvency or bankruptcy within one year after the date of execution of the deed or
conveyance, sale or contract to sell, but the deed of conveyance, sale or contract
to sell is binding upon any assignee or transferee of the grantee, buyer or person
contracting to purchase, other than those above enumerated, and upon the
grantor, vendor or person contracting to sell, his or her assignee, heir or devisee.
(Prior code § 9121.21)
11
17.12.180230 Street dedication and improvement.
A. No building or structure shall be erected or enlarged, and no building permit
shall be issued therefore, on any lot in any zone or in any planned development in
any P-D zone of which lot is a part, other than an R-1, R-2 or R-3 zone if such lot
abuts a major or secondary street unless the one-half of the street which is located
on the same side of the center of the street as such lot has been dedicated for the
full width of the lot so as to meet the standards for such street set forth in the
circulation element of the General Plan for recommended right-of-way for major
and secondary streets in the city, approved by the City Council and on file in the
office of the City Clerk, and has been improved to city standards; or until such
dedication and improvement has been assured to the satisfaction of the City
Manager and City Engineer.
As used herein the "center of the street" means the centers of those streets as
such streets are shown on the circulation element of such General Plan.
• The maximum area of land required to be so dedicated shall not exceed twenty-
five (25) percent of the area of any such lot.
B. Notwithstanding any other provisions of this code, no fee shall be charged for
the rendering of any service by the city in connection with any dedication required
by the provisions of this section and not a part of a subdivision proceeding.
C. Any person required to dedicate and make improvements by the provisions of
this section shall execute and deposit with the City Manager an instrument of
conveyance executed by all parties of interest as shown by a current preliminary
title report prepared by a title company, and in such form as approved by the City
Attorney, and with respect to improvements shall either make and complete the
same to the satisfaction of the City Engineer or file with the City Manager a bond
• in such amount as the City Engineer shall estimate to be necessary to complete
the improvements required.
D. Whenever any uncertainty may exist as to the application of the provisions of
this section in the matter of street alignments or street centers, the City Engineer
shall determine their application in conformity with the spirit and intent of this
section. (Prior code § 9121.22)
12
17.12.190250 Requirement for construction of a six-foot high masonry wall.
The City Council finds that there are areas within the city where commercial zones
abut residential zones and the construction of a block wall is necessary to protect
such residential areas.
Any owner, lessee, occupant or agent constructing or causing the construction of
any building, building addition, accessory building, or repairs estimated by the
Building Department to have a value of ten thousand dollars ($10,000.00) or more
upon any commercially used and zoned lot adjacent to property zoned and used
for residential purposes shall construct a six-foot high masonry wall along the
property line where the commercially zoned lot has a common or rear lot line with
a residentially zoned property.
Any person desiring to obtain a modification from the provisions of this section may
file with the Planning Commission a written application therefore, citing the
• reasons for such request. The Planning Commission shall give the application for
such modification an opportunity to be heard if he or she so desires, and thereafter
may grant or deny the application for the modification, or may grant the same upon
such conditions as the Planning Commission deems necessary for the
preservation of the safety, health or property of the general public.
Any interested person may appeal the decision of the Planning Commission to the
City Council by filing an appeal pursuant to Section 17.124.070 of this code. (Prior
code § 9121.24)
17.12.200250 Garage sales.
Persons may engage in the activity of selling goods, wares or merchandise in
residential zones, or areas used for residential purposes, only in the manner
• prescribed herein:
A. Such activity shall be conducted within garages, carports, front yards,
backyards, patios and walkways located on the resident's property. No goods,
wares or merchandise shall be displayed or placed in the public right-of-way.
B. All such goods, wares and merchandise shall be the personal property of the
resident or his or her co-conductors of the sale and shall be obsolete to his, her or
their use. The resident shall not bring or allow new or successive items onto the
property to replenish the stock of goods, wares or merchandise.
C. No advertising signs shall be posted more than one week prior to the initial sale
date. No such signs shall be posted within the public right-of-way except on self-
supporting stakes. The conductors of the sale shall remove all signs immediately
at the end of the sale. The activity may only be held between the hours of eight
a.m. and eight p.m., for a maximum of three consecutive days.
13
D. No more than two garage sales shall be conducted in any six-month period.
E. The provisions of this section shall not apply to churches, public schools or
charitable organizations if the sale is conducted on the property of the organization
and not in a private residence. If such sale is conducted in or on the premises of a
private residence all of the provisions of this section shall apply.
F. The resident shall first obtain a no-fee city permit and that a copy of such permit
shall be displayed at the site of the sale.
G. Violation of any provision of this section is determined to constitute an
infraction, punishable by a fine not exceeding one hundred dollars ($100.00) for a
first violation, a fine not exceeding two hundred dollars ($200.00) for a second
violation of the same section within one year and a fine not exceeding five hundred
dollars ($500.00) for each additional violation of the same section within one year.
A fourth violation within one year shall constitute a misdemeanor. (Ord. 725 § 1,
• 1993; prior code § 9121.25)
17.12.210278 Recycling facilities-- Generally.
A. It is the intent and purpose of this section and Section 17.12.280 to encourage
the recycling of reusable materials and provide convenient service locations for the
citizens of the community as mandated by state law. It is also the intent of this
section and Section 17.12.280 to establish minimum standards of development in
order to insure compatibility of recycling facilities with the surrounding land uses to
protect surrounding property values, and to maintain the health, safety and general
welfare of the community. (Prior code § 9121.26)
17.12.220280 Recycling facilities-- Development standards.
• No firm, person or corporation shall permit the placement or installation of any
recycling facility without first obtaining an administrative permit from the city
Planning Department pursuant to the provisions set forth in this section.
The following recycling facilities may be permitted in the C-1, C-3 and M-1 zones
provided they are accessory to a principal use and comply with the following
standards:
A. Reverse Vending Machines.
1. Shall be established in conjunction with a principal commercial use or
community service facility which is in compliance with the zoning, building and fire
codes of the city;
2. Shall be located within thirty (30) feet of the entrance to the commercial
structure and shall not obstruct pedestrian or vehicular circulation;
14
3. Shall not occupy parking spaces required by the primary use;
4. Shall occupy no more than fifty (50) square feet of floor space per
installation, including any protective enclosure, and shall be no more than eight
feet in height;
5. Shall be constructed and maintained with durable waterproof and
rustproof material;
6. Shall be clearly marked to identify the type of material to be deposited,
operating instructions, and the identity and phone number of the operator or
responsible person to call if the machine is inoperable;
7. Shall have a sign area of a maximum of four square feet per machine,
exclusive of operating instructions;
• 8. The property around the reverse vending machines shall be maintained in
a clean, litter-free condition on a daily basis. A trash container shall be located
near the machine to prevent littering;
9. Operating hours shall be at least the operating hours of the principal use;
10. Shall be illuminated to ensure comfortable and safe operation if
operating hours are between dusk and dawn.
B. Small Collection Facilities. Small collection facilities may be sited in C-1, C-3
and M-1 zones with an administrative permit provided they comply with the
following conditions:
1. Shall be established in conjunction with an existing commercial use or
• community service facility which is in compliance with the zoning, building and fire
codes of the city;
2. Shall be less than two hundred (200) square feet in area not including
space that will be periodically needed for removal of materials or exchange of
containers;
3. Shall be set back at least ten feet from any street line or public sidewalk
and shall not obstruct pedestrian or vehicular circulation;
4. Shall accept only glass, metals, plastic containers, papers and reusable
items;
5. Shall use no power-driven processing equipment except for reverse
vending machines;
15
6. Shall use containers that are constructed and maintained with durable
waterproof and rustproof material, covered when site is not attended, secure from
unauthorized entry or removal of material and shall be of a capacity sufficient to
accommodate materials collected and collection schedule;
7. Shall store all recyclable material in containers or in the mobile unit
vehicle, and shall not leave materials outside of containers when attendant is not
present;
8. Shall be maintained free of litter and any other undesirable materials, and
mobile facilities, at which truck or containers are removed at the end of each
collection day, shall be swept at the end of each collection day;
9. Noise levels shall comply with the noise standards of this code;
10. Attended facilities located within one hundred (100) feet of a property
zoned or occupied for residential use shall operate only during the hours between
nine a.m. and seven p.m.;
11. Containers for the twenty-four (24) hour donation of materials shall be at
least one hundred (100) feet from any property zoned or occupied for residential
use;
12. Containers shall be clearly marked to identify the type of material which
may be deposited; the facility shall be clearly marked to identify the name and the
telephone number of the facility operator and the hours of operation, and display a
notice stating that no material shall be left outside the recycling enclosure or
containers;
13. Signs may be provided as follows:
• a. Recycling facilities may have identification signs with a maximum
of twenty (20) percent per side or sixteen (16) square feet, whichever is
larger, in addition to informational signs required in subsection (13)(12) of
this section; in the case of a wheeled facility, the side will be measured from
the pavement to the top of the container.
b. Signs must be consistent with the character of the location.
c. Directional signs, bearing no advertising message, may be
installed with the approval of the Planning Department if necessary to
facilitate traffic circulation, or if the facility is not visible from the public right-
of-way;
14. The facility shall not impair the landscaping required by local ordinances
for any concurrent use by this title or any permit issued pursuant thereto;
16
15. No additional parking spaces will be required for customers of a small
collection facility located at the established parking lot of a host use. One space
will be provided for the attendant, if needed;
16. Mobile recycling units shall have an area clearly marked to prohibit other
vehicular parking,during hours when the mobile unit is scheduled to be present;
17. Occupation of parking spaces by the facility and by the attendant may
not reduce available parking spaces below the minimum number required for the
primary host use unless all of the following conditions exist:
a. The facility is located in a convenience zone or a potential
convenience zone as designated by the California Department of
Conservation.
•
b. A parking study shows that existing parking capacity is not already
fully utilized during the time the recycling facility will be on the site.
c. The permit will be reconsidered at the end of six months.
•
A reduction in available parking spaces in an established parking facility may then
be allowed as follows:
For a commercial host use:
Number of Available Parking Spaces
Maximum Reduction
0.25 - - - - -
- -
26-35 F
2
j 36-49 - --i
3 - -
50-99 :F
4
100-+
5 - - -
For a community facility host use:
A maximum five spaces reduction will be allowed when not in conflict with parking
needs of the host use;
18. If the permit expires without renewal, the collection facility shall be
removed from the site on the day following permit expiration.
C. Large Collection Facilities. Large collection facilities may be permitted in the C-3
and M-1 zones subject to a valid conditional use permit approved by the Planning
Commission and meeting the following standards:
17
1. No large collection facility shall be located in any C-3 or M-1 zoned
property which currently has all or a portion of the property utilized for residential
purposes;
2. Shall be at least one hundred (100) feet away from any property zoned or
designated by the General Plan for residential use;
3. Shall be screened from the public right-of-way by operating within an
enclosed building or within an area enclosed by a solid fence at least six feet in
height, and all applicable noise standards stipulated in this code shall be met. The
fence shall be set back five feet from property line and the setback area shall be
permanently landscaped and maintained;
4. All exterior storage of material shall be in either baled or palletized form,
or in sturdy containers which are covered, secured and maintained in good
• condition. Storage containers for flammable material shall be constructed of non
flammable material. No storage, excluding truck trailers or overseas containers,
may be visible over the height of the fencing;
5. Site shall be maintained free of litter and any other undesirable materials,
and shall be cleaned of loose debris on a daily basis. A trash container shall be
located near the facility to prevent littering;
6. Parking and turn-around space shall be provided on-site in an amount
adequate to serve the anticipated peak customer load or five vehicles, whichever
is higher, to circulate and to deposit recyclable material;
7. One parking space for each employee and each vehicle operated by the
recycling facility shall be provided on-site. The parking are thus created shall be
exclusive of the circulation/drop-off area stipulated in subdivision 6 of this
• subsection;
8. Noise levels shall comply with the noise standards of this code;
9. If the facility is located within five hundred (500) feet of the property
zoned or planned for residential use, it shall not be in operation between the hours
of seven p.m. and seven a.m.;
10. Any containers provided for after-hours donation of recyclable materials
shall be at least fifty (50) feet from any property zoned or occupied for residential
use; shall be of sturdy, rustproof construction; shall be of sufficient capacity to
accommodate materials collected; and shall be secure from unauthorized entry or
removal of materials;
11. Donation areas shall be kept free of litter and any other undesirable
material, and the container shall be clearly marked to identify the type of material
18
I
that may be deposited; facility shall display a notice stating that no material shall
be left outside the recycling containers;
12. Facility shall be clearly marked with the name and phone number of the
facility operator and the hours of operation; identification and informational signs
shall meet the standards of the zone; and directional signs, bearing no advertising
message, may be installed with the approval of the Planning Director, if necessary
to facilitate traffic circulation, or if the facility is not visible from the public right-of-
way;
13. Power-driven processing, including aluminum foil and can compacting,
baling, plastic shredding, or other light processing activities necessary for the
efficient temporary storage and shipment of material, may be approved if noise
and other conditions are met. (Prior code § 9121.28)
17.12.230298 Variable height.
• In addition to the height requirements set forth in each zone, the following
development standards shall apply. When requirements conflict with other
sections of this code, the most restrictive shall apply:
A. All commercial and industrial zones shall have a variable height limitation
established when abutting R-1 and R-2 zones:
1. C-1, C-3, CBD, P-O and commercial P-D rear yard limitations:
establishing a height at six feet above finished grade of adjacent residential
property line, a twenty (20) degree incline plane is projected that establishes the
height limitation.
2. M-1 rear yard height limitations: establishing a height of nine feet above
• finished grade of adjacent residential property, a twenty (20) degree incline plane
is projected.
3. Side Yard Height Limitations. In all zones, except for R-3, 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.
B. When street frontage is opposite R-1 or R-2 zones, the inclined plane set forth
in subsection (A)(3) of this section shall be used, commencing at a height of thirty-
five (35) feet from the residential street property line.
C. In all zones, accessory buildings and structures, when abutting R-1 and R-2
zones, shall not exceed a height of nine feet above the adjacent residential
finished grade, and when abutting R-3 development, the height shall not exceed
fifteen (15) feet provided a five-foot setback is maintained.
19
D. When any lot or parcel of land, except in an R-1 or R-2 zone, sides on or backs
up to residentially zoned property, all doors, windows, light wells, stairways,
walkways, and the like within sixty-five (65) feet of property line and above the first
floor shall be screened so as to prohibit viewing of the adjacent residential zones.
(Prior code § 9121.29)
17.12.240300 Trash enclosure.
Enclosed solid waste storage collection areas shall be conveniently located and
shall be an integral part of the architectural development of a property. Enclosure
dimensions shall be a minimum of 6.5 feet in depth by 7.5 feet in width. Trash
enclosures shall be constructed with reinforced masonry block walls not less than
six feet in height and equipped with self-closing doors. No trash enclosure shall be
located in any required parking stall, back-up aisle, or landscaping area. (Prior
code § 9121.30)
• 17.12.250340 Required setbacks abutting more restrictive zones.
Not withstanding any other provision of this title, when any zone abuts an R-1, R-2
or R-3 zone, the setback of the most restrictive zone shall apply for a distance of
fifty (50) feet from the common property line. (Prior code § 9121.31)
17.12.260320 Use of trailers.
No trailer shall be permitted in any zone for any use, except as follows:
A. Residential Zones. In the R-1 and R-2 zones, a residential travel trailer may be
stored. At no time shall any travel trailer be utilized for living purposes. However, a
temporary non-fee permit may be issued, not to exceed two weeks in any six
months, for the use by the owner of the property or their invited guests.
• B. Commercial and Industrial Zones. In the C-1, C-3, CBD, P-D and M-1 zones, a
residential travel trailer may be stored, provided it is not visible from the street.
However, at no time shall a travel trailer be used for living or business purposes. A
nonresidential trailer, as defined in subdivision 1 of this subsection, may be used
for a period of not to exceed one year as a temporary office used only by
employees of the principal business or use occupying the property not open to the
general public. The use of any trailer shall be contingent upon the principal
business and trailer meeting off-street parking requirements. All nonresidential
trailers shall be architecturally compatible with surrounding buildings and fitted with
appropriate skirting, landscaping and other screening devices.
1. A nonresidential trailer shall include any trailer coach designed for human
use, occupation or habitation, other than for residential purposes. Any such trailer
shall be installed and maintained in accordance with the Uniform Building Code,
Fire Code, provided no piping for water is permitted and the appropriate permits
are obtained.
20
C. Other Uses.
1. Trailers may be used as construction offices on or adjacent to any site on
which a building permit has been issued and the project is being diligently
pursued. Such trailers shall be removed upon expiration of the permit or
completion of project.
2. Trailers may be used for the dispensing of food items on properties
owned by a public entity in conjunction with youth nonprofit recreational activities.
3. Any trailer uses not meeting the above standards may apply for a
conditional use permit pursuant to Section 17.112.030 of this code. (Prior code §
9121.32)
•
•
21
Chapter 17.16 SINGLE-FAMILY R-1 REGULATIONS
17.16.010 Applicability.
The following regulations shall apply in the R-1 single-family residential zone unless
otherwise provided in this title. (Prior code § 9104)
17.16.020 Permitted uses.
A. A one-family dwelling, subject to the lot designations and regulations contained in Ch.
17.84;
B. The accessory buildings necessary or incidental to such use located on the same lot or
• parcel of land including a private garage, the capacity of which shall not exceed three
automobiles;
C. The noncommercial growing of nursery stock, field crops, tree, bush and berry crops, and
vegetable or flower gardening;
D. Household pets, not to exceed three animals, over four months of age, for each dwelling
unit. This provision shall not be construed to permit any animal capable of inflicting harm or
discomfort or endangering. the health and safety of any person or property;
E. Where a dwelling exists, prior to the effective date of this title, on the rear portion of the lot
and at least seventy-five (75) feet back of the front lot line, a new dwelling may be
constructed and maintained on the front portion of the lot, provided there shall be a minimum
distance of twenty (20) feet between the new dwelling and the old dwelling on the rear of the
lot which shall be converted to an accessory building by the removal of all kitchen facilities;
• F. Storage of building materials, used in the construction of a building or building project,
during the construction and thirty (30) days thereafter, including the contractor's temporary
office provided that any lot or parcel of land so used shall be a part of the building project, or
on property adjoining the construction site;
17.16.030 Uses permitted with a conditional use permit.
Ch. 17.112 lists uses that are permitted in various zones pursuant to securing a conditional
use permit in accordance with the standards and procedures set out in this title. (Prior code
§9104) The following additional conditional use permit requirements shall apply.
22
A A CUP shall be required for any lighted outdoor sporting field or court (tennis basketball
etc. .
B A CUP shall be required for the addition of any fill that would raise building pad or front
yard elevation by more than 24° above natural grade.
17.16.040 Building height maximum.
T we aRd e half f thirty f' (35) feet, hi h less. (PF er Ge de § 9104.2-)
A. New homes and remodels shall not have more than two floors.
B. The maximum height for a two-story unit shall be 30 feet.
17.16.050 Front yard minimum.
• Twenty (20) feet, except that no garage portion of a main building shall be nearer than
twenty-five (25) feet from the front property line of the lot if the opening for automobile
access to such garage portion faces the street. (Prior code § 9104.3)
17.16.060 Side yard minimum.
e
F +h f' + + f' f
t that "n the street si
t
de of a oorner let there shall he side
p
ee
,
r
tb
k shall he ten feet
(PF'Or node R 91044)
d
aG
.
ya F
A. Interior Lots: Interior lots shall maintain a side yard adjacent to each side lot line not less
than five feet for the first story portion of a building or ten percent (10%) of the lot width,
whichever is greater. The second story setback on both sides shall not equal less than
fifteen (15) feet when combined but shall never be less than five feet. At no time and at no
• point shall the second story setback be less than the first floor setback on any lot
B Corner Lots: Each corner lot shall maintain the following side yard requirements:
1) On the side lot line which abuts another lot the side yard shall be five feet for the first
story portion of a building or ten percent (10%) of the lot width, whichever is greater. The
second story setback on both sides shall not equal less than twenty (20) feet when
combined but shall never be less than five feet. At no time and at no point shall the second
story setback be less than the first floor setback on any lot.
(2) On the street side the required side yard shall be ten feet in width, for the first story
portion of the building The second story setback on both sides shall not equal less than
twenty (20) feet when combined but shall never be less than ten feet. At no time and at no
point shall the second story setback be less than the first floor setback on any lot.
23
17.16.070 Rear yard minimum.
Twenty-five (25) feet or twenty (20) percent of the depth of the lot, whichever is less.
Whenever a dwelling has more than four bedrooms and over two thousand (2,000) square
feet of living area, a rear yard minimum of thirty-five (35) feet shall be required, and the yard
shall be maintained as a recreational area and/or landscaped. (Prior code § 9104.5)
17.16.080 Lot area minimum.
Six thousand (6,000) square feet. With ROt less thaR six thousaRd (6,000) squaFe feet of lot
aFea per -ewe'"^^ (Prior code § 9104.6)
17.16.090 Lot width minimum.
Fifty (50) feet at the front property line. (Prior code § 9104.7)
• 17.16.100 Lot location.
Any lot shall have frontage upon a public street. (Prior code § 9104.8)
17.16.110 Floor area maximum and minimum.
A. Residential buildings shall have a minimum ground floor area, exclusive of open porches
or garages, of one thousand (1,000) square feet. (Prior code § 9104.9)
B. The area of the second floor shall not exceed 75% the floor area ratio of the first floor.
17.16.120 Parking requirements.
A. There shall be provided on the same parcel of land not less than two parking spaces for
is each dwelling unit, except that for dwellings which contain over four bedrooms and over two
thousand (2,000) square feet of living area, no less than three parking spaces shall be
provided. Each such parking space shall be not less than ten feet wide, seven feet high,
and twenty (20) feet long and shall be in a garage. (Prior code § 9104.10)
B Vehicles may not be parked on any lot except in the garage on the driveway or parking
apron or other hardscaped surface previously approved by the Planning Department.
17.16.130 Lot coverage.
Standards regulating the extent a lot may be improved have been established in order to
prevent excessive development and to maintain landscaped areas where water may be
absorbed. The following standards apply to the R-1 zone:
A. Floor-Area Ratio (FAR). Residential development shall not have a floor-area ratio that
exceeds feFty five (45) peFGen , thirty-five (35) percent, to be calculated pursuant to Section
17.04.020. An Additional five percent (5%) may be obtained through use of the design
24
incentive program outlined in 17.16.260. In addition, any residential dwelling that exceeds
three thousand (3,000) square feet of living area shall require a conditional use permit
pursuant to Section 17.112.030.
B. Impervious Surfaces/Landscaping. Pedestrian walkways, vehicular access ways and
other impervious surfaces shall not collectively occupy more than fifty (50) percent of front
and side yard areas that are visible from a public right-of-way. Addition of impervious
surfaces in these areas shall require a site plan subject to the approval of the Director of
Planning. All other portions of these areas shall be landscaped with lawn, trees, shrubs and
other plant materials in compliance with any drought tolerance requirements in effect.
Landscaped areas shall be permanently maintained in a neat and orderly manner.
1. Front Driveway. Vehicle access ways (driveways) serving front facing garages
shall be set back at least three feet from any side property line. The maximum width of the
access way shall not exceed twenty-five feet for a two-car garage or thirty-five feet for a
• three-car garage.
2. Walkways. Pedestrian walkways on private property shall not exceed five feet in
width when located in front or side yard areas. (Ord. 754 § 2, 1995: prior code § 9104.12)
3. Landscaping shall not be permitted to limit or restrict the line of sight on any public
roadway.
4. A minimum of 1 tree shall be planted in new or remodeled residential front yards
for every 50-feet of street frontage.
C A home that exceeds the size of the largest adjoining home by more than 20% shall be
required to add, subject to a Site Plan Review approval at least one of the following features:
■ Roofline with height and plane changes
• ■ Reduced eave height
D. When two or more lots are merged, the allowed Lot Coverage and FAR shall be no
larger than 150% of the allowance that would occur for the largest single lot.
17.16.140 Flag lot development.
In order to provide the opportunity for single-family residential flag lot development, and to
maintain the integrity of existing single-family areas, the following regulations and criteria of
evaluating flag lot development are established. However, in no case shall more than three
flag lots be allowed within any subdivision consideration.
A. All development standards and definitions contained within this title shall continue to be
applicable and in force unless otherwise specifically addressed within this section. Particular
reference is made to Section 17.16.090 pertaining to a minimum fifty (50) foot street
25
frontage. The applicability of this requirement to non-flag lot parcels, which may be part of
the land division under consideration, is emphasized for clarity.
B. Front Yard. For the purposes of this section, a "front yard" is defined as that area which
extends across the width of the lot, or as otherwise defined within Section 17.04.020 and is
immediately adjacent to the flag lot vehicular access leg, which connects to the public
street. Such vehicular access leg is exclusive of a front yard setback area, as set out in
Appendix A, attached to the ordinance codified in this title.
C. Front Yard Setback. Those front yard setback requirements contained within Section
17.16.050 shall apply; provided, however, that for the purposes of measurement, the
following methods shall be applicable, and as set out in Appendix C attached to the
ordinance codified in this title.
1. When a single (one) flag lot is to be served by a driveway which is solely devoted to
the exclusive use of such single flag lot, measurements shall be initiated from the front
• property line, as defined under subsection B of this section.
2. When two or more flag lots are to be serviced by a common driveway obtained
through fee, easement, or in combination thereof, and when such lots lie partially within
such common driveway, no setback measurements shall include any portion of such
common driveway.
3. The Planning Commission may establish a new point of measurement for front yards;
providing, however, that common driveways or vehicular access easements shall not be
counted toward satisfying front yard setback requirements.
D. Side Yard. The minimum side yard setback shall be five feet; provided, however, that for
the purposes of measurement, the following methods shall be applicable as per described
circumstances, and as set out in Appendix A attached to the ordinance codified in this title.
• 1. When a single (one) flag lot is to be served by a driveway which is solely devoted
to the exclusive use of such single flag lot, measurements shall be initiated from the
side property line.
2. When two or more flag lots are to be served by a common driveway obtained
through fee, easement, or in combination thereof, and when such lots lie partially
within such common driveway, no setback measurements shall include any portion of
such common driveway.
E. Lot Area. The minimum lot area shall be six thousand (6,000) square feet and shall
be calculated as per Section 17.04.020, provided, however, that for the purposes of
this section, the following shall be applicable:
The minimum developable lot area, exclusive of vehicle access leg or common
driveway access easements, shall be five thousand (5,000) square feet, and as set
out in Appendix A attached to the ordinance codified in. this title.
26
F. Lot Width. The minimum lot width for a flag lot developable area as described in
subsection (E) of this section shall be fifty (50) feet and shall be determined per.the
method described under Section 17.04.020, "Lot width," contained within this title.
G. Lot Width--Street Frontage. The minimum street frontage for a flag lot development
is directly dependent on the number of flag lots. The following requirements shall be
applicable as per described circumstances, and as set out in Appendix A attached to
the ordinance codified in this title.
1. The minimum street frontage for a single (one) flag lot shall be fifteen (15) feet.
2. The minimum street frontage for two or more lots which are so designed to
provide a common vehicular access leg by way of fee, easement or combination
thereof, shall provide a minimum of three feet of real property street frontage;
provided, however, that the following minimum street access widths are established:
• a. The street frontage for two lots shall be eighteen (18) feet; provided, however,
that such requirement may be achieved by a combined contribution of individual
lot street frontage which equals the required access driveway width.
b. The street frontage for three flag lots shall be twenty-six (26) feet; provided,
however, that such requirement may be achieved by a combined contribution of
individual lot street frontage which equals the required street frontage width.
3. The minimum street frontage width for non-flag lot parcels which face a public
street shall be fifty (50) feet as prescribed in Section 17.16.090.
4. The street frontage access width may be increased beyond those requirements
contained within this subsection, based on the recommendation of the City Engineer
or Fire Department.
• H. Driveway. The interior lot driveway requirements shall be the same dimensions and
shall occur under the same circumstances as contained within the subsection G of this
section.
1. Application and Procedural Provisions Pertaining to Flag Lot Developments.
1. The requirements contained within this subsection shall only apply in conjunction
with the consideration of a division of land which contains a flag lot.
2. A site plan, drawn to scale, which accurately depicts all proposed structures and
required setbacks and vehicle driveways, shall be submitted in conjunction with any
application for a division of land which contains a flag lot. The site plan will become a
permanent formal record of reference within the city's subdivision files after the
approval or denial of such plan. The surrounding areas and land uses shall be shown
for a distance of at least three hundred (300) feet.
27
3. The Planning Commission will review the merits of each flag lot proposal in
relationship to the immediate property and the surrounding area.
4. Vehicle access easements for reciprocal use or otherwise shall be shown on the
tentative maps, together with a statement identifying which lots are subservient and
which lots are to benefit from such easements.
5. Should the Planning Commission choose to approve a subdivision of land,
reasonable conditions related to on- and off-site improvements may be required. Such
conditions may include, but not be limited to, the following:
a. Where three or more lots are created by a subdivision, all utilities shall be
placed underground;
b. Correct all building code violations that exist on the remaining structures;
0 c. Correct all zoning violations;
d. Parcel maps splits are required to install street improvements;
e. Residential driveway pavement requirements for two lot divisions are two
inches of AC over three-inch base material crushed aggregate; all other divisions
are four inches of AC over four-inch base material crushed aggregate, or six
inches of concrete.
f. New fencing and/or walls may be required along existing and proposed
property lines.
g. Where vehicle access easements are to be used, a covenant shall be
prepared by the applicant for review and approval of the City Attorney. The
is covenant shall assure that private common driveways shall be continually
maintained and that cost associated with such maintenance shall be equally
shared by all future property owners, whose properties benefit within the division,
and shall include the following provisions:
i. They shall have the right to cause such repair to be accomplished, and to place
liens on the involved properties, if in the estimation of the City Engineer, the
subject common driveway has reached a state of disrepair which renders it a
hazard, unsightly, or a public nuisance; and that the property owners involved
have failed to act within a responsible period, thirty (30) days, after notification.
ii. No parking shall be allowed within the private common driveway obtained by
easement and signs restricting same shall be posted at conspicuous locations.
The ability to cite violations of such parking restrictions shall be granted to the
city.
28
J. Public Hearing. A public hearing is required to be conducted on all divisions of land.
This requirement applies to the creation of flag lots. The public will be notified in the
manner prescribed by state and local regulations.
K. Necessary Findings for Approval. The Planning Commission may approve the
platting of flag lots where all of the following conditions are found to exist:
1. That the design is justified by topographic conditions or the size and shape of the
property prohibits conventional lot division practices;
2. That proposed flag lot division is not so at variance with the existing
neighborhood pattern or development as to create detrimental visual or privacy
impacts.
L. Effective Date of Order Granting or Denying the Platting of Flag Lots--Time for
Appeal. The resolution of the Planning Commission granting or denying the platting of
• flag lots shall become effective and final on the fourteenth day following its adoption
unless within such period of time, an appeal in writing is filed with the City Clerk by the
applicant or any.other interested person. Any such appeal shall be accepted by the
City Council. The timely filing of an appeal shall stay the effective date of the Planning
Commission's resolution pending action by the City Council.
M. Attached to the ordinance codified in this title, and incorporated herein by this
reference, is that certain document entitled "Appendix A--Rosemead Municipal Code--
Flag Lot Development," which contains drawings that depict typical flag lot
measurements and layouts. (Prior code § 9104.21)
17.16.150 Distance Between Buildings on Same Lot
There shall be a minimum distance of six feet between all buildings or above-ground
40 structures on the same lot of parcel of land.
17.16.160 Accessory buildings.
The following regulations shall apply to the location of accessory buildings unless
otherwise provided in this title.
A. No detached accessory building shall exceed seven hundred fifty (750) square feet.
C No detached accessory buildings in the R-1zone shall be located at a distance less
than sixty (60) percent of the depth of the lot from the front property line, or ninety (90)
feet, whichever is less.
29
D On a corner lot no detached accessory buildings in the R-1 zone shall be located at
a distance less than twenty (20) feet from the side street line.
E No accessory buildings in the R-1 zone shall be located nearer than three feet to
any interior property line.
F No accessory buildings on the rear twenty-five (25) feet of a reversed corner lot in
the R-1 zone shall be located nearer to the side lot line on the street side of such
reversed corner lot than the front yard depth required on the key lot in the rear.
G A private garage of not to exceed seven hundred fifty (750) square feet may be a
part of the main building if the garage and the main building have a common wall of
not less than five feet in length or if not more than four feet from the main building
and connected thereto by a roof of not less than five feet in width. The front of such
garage shall not be nearer than twenty-five (25) feet from the street providing access
thereto.
• H One detached accessory building for use as a private garage may be permitted to
occupy the required front yard of an interior lot in the R-1 zone when the slope of the
front half of such lot is greater than one-foot rise or fall in a horizontal distance of four
1. Portable shade structures shall not be located in any residential side or front yard.
17.16.170 Yard encroachments.
Where yards are required in this title, they shall be not less in depth or width of any
• part than the minimum dimension specified, and they shall be at every point open and
unobstructed from the ground upward except for trees and shrubs and as follows:
A Cornices canopies eaves, patios forced air units, fireplaces or other similar
architectural features and heating ventilation and air conditioning equipment, not
providing additional floor space within the building may extend into a required front
side or rear yard or distance between buildings not to exceed two feet.
B. Open unenclosed, uncovered porches, platforms or landing places which do not
extend above the level of the first floor of the building, may extend into any front, side
or rear yard not more than six feet.
C. Detached accessory buildings may occupy side and rear yards as provided in
Section 17.16.160.
D. Garages, carports and patios may occupy not more than fifty (50) percent of a
required rear yard. Swimming pools and fallout shelters may occupy rear yards, but
30
(Amended during 1999 codification; prior code § 9121.13)
not required front or side yards except that no swimming pool or fallout shelter may be
located less than five feet from a property line (Amended during 1999 codification;
prior code & 9121.16)
17.16.180 Fences, walls and hedges.
Fences walls hedges trees shrubs flowers walks driveways and similar
landscaping may occupy front side and rear yards except as follows:
A In the R-1 zone no fence wall or hedge located in the rear or side yards shall
exceed a height of six feet.
B In the R-1 zone no fence wall or hedge located in the required front yard shall
exceed a height of four (4) feet.
• C In the R-1 zone no fence wall or hedge located within five feet of the street side or
within ten feet of the rear line of a reversed corner lot between the street and the
established setback line on the key lot, to the rear, shall exceed a height of four (4)
feet.
D. In the R-1 zone no barbed wire shall be used or maintained in or about the
construction of a fence wall or hedge along the front, side or rear lines of any lot, or
within three feet of said lines and no sharp wire shall project at the top of any fence or
wall less than six feet in height.
E. Hedges shall not encroach onto a curb or sidewalk or over a lot line.
F. The provisions of this section shall not apply to a fence or wall as required by any
law or regulation of the state of California or any agency thereof.
• G All property that is vacant under construction or being demolished shall be totally
enclosed around the perimeter by a fence. The fence shall be a minimum of six feet in
height as measured from adjacent property, and adequately constructed from chain
link lumber, masonry or other approved materials. The fence shall be installed prior to
the initiation of any construction or demolition and shall be continuously maintained in
good condition. The required fence shall be entirely self-supporting and shall not
encroach or utilize structures or fencing on any adjacent property without prior written
approval of the adjacent property owner. Signs shall be posted on all property that
meets the requirements of this subsection stating the following: "PRIVATE
PROPERTY NO TRESPASSING." The location, type and installation of the fencing
and signs shall be subject to the approval of the Director of Planning or other
designated officials. For the purposes of this subsection, "vacant property" means
property which has no structures or buildings or property that has buildings or
structures which are unoccupied. "Under construction" and "demolish" shall be
defined pursuant to the Los Angeles County Building Code as adopted by the city.
"Unoccupied" means any building or structure which is not secured, locked or closed,
or is not constantly being used for its intended purpose, or is accessible to juveniles,
31
transients or loitering or is by virtue of its unattended status a potential health fire or
safety hazard. (Prior code § 9121.17)
17.16.200 Storage in yards.
No portion of any side yard on the street side of a corner lot or any portion of the rear
yard on the street side of a corner lot, or any portion of the front yard on any lot in a
residential area shall be used for the permanent storage of motor vehicles, trailers,
airplanes boats parts of any of the foregoing rubbish garbage junk, tents
clotheslines garbage or rubbish receptacles or building materials (except building
materials used on the premises stored thereon during the time a valid permit is in
effect for construction on the premises). "Permanent storage," as used in this
subsection means the presence for a period of forty-eight (48) or more consecutive
hours in the front or side yard. (Prior code & 9121.18)
17.16.210 Uses subiect to Planning Director review and approval.
• The Planning Director may grant a modification from a setback or fence requirement
of up to twenty (20) percent in a residential zone when this modification is so minor
and insubstantial that application to the Planning Commission for a variance, a public
hearing and associated fees are not required in the public interest and that the spirit
and purpose of the zoning ordinance adjacent properties and the public welfare will
not be adversely affected. (Prior code 9121.23)
17.16.220 R-1 Residential Development Design Standards
A At least 40% of the street-facing wall of the second floor shall be set back a minimum of
10-feet from the street-facing wall of the first floor.
B. Reflective building materials are prohibited.
• C. Exterior Paint Colors shall not exceed a Light Reflective Value greater than 40%
D. Mechanical elements (roof-top and around-level) must be screened from view
E Residential front yard walls and fences may not'exceed four (4) feet (including fencing,
hedges, or other material).
F. Portable shade structures shall not be located in any residential side or front yard.
G All garages shall match the main house in terms of color scheme, roofing material and
roof pitch and gable orientation and design.
H. Vehicles may not be parked on any lot except in the garage, on the driveway or parking
apron or other approved hardscaped surface previously approved by the Planning
Department.
32
I The street address shall be clearly visible for all homes.
J Remodels shall utilize materials colors and designs that match the existinq structure.
K Sidewall articulation shall be required on exterior walls that are not separated from an
adjacent home by more than 25 feet.
L Entry treatment shall not exceed a maximum total height of 12 feet for single storv
homes and 14 feet for two story homes.
M Bay windows shall not exceed the height of 1 story.
N. The area of the second floor shall not exceed 3/4 of the first floor F.A.R.
O Any second floor wall that exceeds a length of 25 feet shall be required to add one
• element of articulation and a minimum 5 foot sitback for a minimum of 8 feet of length.
17.16.230 Building Plan Review Requirements
A Demolition permits allowing the removal of an existing home in order to construct a new
home on the same lot shall not be issued until building plans for the replacement structure
have been reviewed and approved by the City of Rosemead Planning Department.
17.16.240 Additional Site Plan Review Requirements
In addition to general City of Rosemead Planning Department review and approval
when in the opinion of Planning Department staff a proposed design is not architecturally
compatible with the house or other homes in the neighborhood.
• A A Site Plan review shall be required to install hardscape directlV adjacent to a new or
remodeled residential driveway.
B A No Fee Permit shall be required to install new fencing or replacement fencing in any
residential front yard.
C. A Site Plan review'shall be required to install a portable shade structure in a residential
rear yard.
D. A Site Plan review shall be required for any detached accessory building greater than
120 square feet, whether the total area is in one building or cumulatively in multiple
buildings including storage structures and workshops but not including required garages.
E. A Site Plan review shall be required to install separate secondary residential units,
provided the proposal is fully compliant with the requirements set forth in Ordinance 826.
33
F A Site Plan review by the Architectural Review Committee (ARC) shall be required for
construction materials colors and/or decorative elements that terminate at outside corners
and that in the opinion of Planning Department staff results in a design that is not
architecturally compatible with the house.
G A Site Plan review by the Architectural Review Committee (ARC) shall be required for
any front porch column design that in the opinion of Planning Department staff is not
proportional in size and architecturally compatible with the house.
H A Site Plan review by the Architectural Review Committee (ARC) shall be required for
any pitch of an entry roof that does not match the pitch of the main structure and that in the
opinion of Planning Department staff results in a design that is not architecturally compatible
with the house.
17.16.260 R-1 Residential Design Incentives
• When incorporated into new R-1 residential homes or remodels the following design elements
will result in the approval of additional development area and/or favorable staff
recommendation.
A. Additional Development Area Incentives
1. A second story top plate that does not exceed 20'-0" in height
2. A second floor fully contained within a pitched roof
3. Both side yard setbacks that exceed the zoning minimum by more than 5 feet.
4. A second floor setback that exceeds the zoning minimum by more than 10 feet on
75% of the frontage.
5. A landscape plan that incorporates three or more mature trees (24" box or larger)
6. Placement of the garage at the rear of the residential structure or a tandem garage
design.
7. A new single-story home (instead of two-story).
• 8. Minimum 18-inch eave overhangs with exposed decorative wood eave and rafter
tails
9. Usage of windows that are recessed a minimum of four inches on the front
elevation.
B. Favorable Staff Recommendation Incentives
1. A favorable staff recommendation will be given for CUP applications that
incorporate, in staffs judgment a unique and neighborhood-compatible overall
architectural style and design and/or a positive aesthetic impact on the
neighborhood as a whole.
2. Usage of landscape materials to create separate between public and private space.
3. No front yard fencing.
4. Usage of natural materials, such as wood or stone.
5. Front yard fence less than 4 feet.
6. Usage of a wide variety of drought-tolerant plant materials as well as automatic
irrigation with moisture sensors.
34
7. Usage of interlocking pavers decomposed granite or other decorative landscape
materials for walkways and driveways.
8. Usage of windows that are recessed a minimum of four inches on the front
elevation.
9. Usage of true divided light windows doors and side lights.
10. Usage of single-hung or double-hung windows.
17.16.270 ADDITIONAL REQUIREMENTS
. A. The City shall require CEQA documentation including an historical assessment for
any application to demolish an existing home that may qualify as having historical value under
local state and/or federal guidelines.
•
C~
35
CHAPTER 17.20 LIGHT MULTIPLE RESIDENTIAL R-2 REGULATIONS
17.20.010 Applicability.
The following regulations shall apply in the R-2 light multiple residential zone unless
otherwise provided in this title. (Prior code § 9105)
17.20.020 Permitted uses.
A. Any use and development standard permitted in the R-1 zone including flag lot
developments;
B. A two-family dwelling or two one-family dwellings;
• C. Accessory buildings as provided in the R-1 zone. (Prior code § 9105.1)
17.20.030 Uses permitted with a conditional use permit.
Chapter 17.112 lists uses that are permitted in various zones pursuant to securing a
conditional use permit in accordance with the standards and procedures set out in this title.
(Ord. 761 § 4, 1995: prior code § 9105.1.1) The following additional conditional use permit
requirements shall apply.
A. A CUP shall be required for any lighted outdoor sporting field or court (tennis,
basketball, etc.).
B. A CUP shall be required for the addition of any fill that would raise building pad or
front yard elevation by more than 24" above natural grade. 17.20.040 Building height
maximum.
• 17.20.040 Building height maximum.
T ! thirty (30) Fee! wh'nhe..er'c less /P:e ode § 9105-.24
A. New homes and remodels shall not have more than two floors.
B. The maximum height for a two-story unit shall be 30 feet.
17.20.050 Front yard minimum.
Twenty (20) feet, except that no garage portion of a main building shall be nearer than
twenty-five (25) feet from the front property line of said lot if the opening for the
automobile access to such garage portion faces the street. (Prior code § 9105.3)
36
17.20.060 Side yard minimum.
t that "n the stre
F f f
f' f
G th
t
et side of e n er lot them shall be side
, p
ee
e
y+ r
•d tb
k
hall be fen feet (PFOO Gode § 9105
'
4)
G
.
s
A. Interior Lots: Interior lots shall maintain a side yard adjacent to each side lot line not less
than five feet for the first story portion of a building or ten percent (10%) of the lot width,
whichever is greater. The second story setback on both sides shall not equal less than
fifteen (15) feet when combined but shall never be less than five feet. At no time and at no
point shall the second story setback be less than the first floor setback on any lot.
B Corner Lots: Each corner lot shall maintain the following side yard requirements:
1) On the side lot line which abuts another lot the side yard shall be five feet for the first
story portion of a building or ten percent (10%) of the lot width whichever is greater. The
second story setback on both sides shall not equal less than twenty (20) feet when
combined but shall never be less than five feet. At no time and at no point shall the second
story setback be less than the first floor setback on any lot. ,
(2) On the street side, the required side yard shall be ten feet in width, for the first story
portion of the building The second story setback on both sides shall not equal less than
twenty (20) feet when combined but shall never be less than ten feet. At no time and at no
point shall the second story setback be less than the first floor setback on any lot.
C Any second floor wall that exceeds a length of 25 feet shall be required to add one offset
("siback") of 5 feet minimum for a minimum of 8 feet of length and articulation features may
include, but are not necessarily limited to:
■ Dormer windows
• ■ Architectural shutters
■ Balconies
■ Bay windows
■ Decks
17.20.070 Rear yard minimum.
Twenty (20) feet or twenty (20) percent of the depth of the lot, whichever is less.
Whenever a dwelling has more than four bedrooms and over two thousand (2,000)
square feet of living area, a rear yard minimum of thirty-five (35) feet shall be required,
and the yard shall be maintained as a recreational area and/or landscaped. (Prior code §
9105.5)
17.20.080 Lot area minimum.
Six thousand (6,000) square feet with not less than four thousand five hundred (4,500)
square feet of lot area per dwelling unit. (Prior code § 9105.6)
37
17.20.090 Lot width minimum.
Fifty (50) feet at the front property line. (Prior code § 9105.7)
17.20.100 Lot location.
Any lot shall have frontage upon a public street. (Prior code § 9105.8)
17.20.11028 Floor area minimum and maximum.
• A. Residential buildings shall have a minimum ground floor area, exclusive of open
porches or garages, of seven hundred fifty (750) square feet per dwelling unit. (Prior
code § 9105.10)
B. The area of the second floor shall not exceed two-thirds the floor area ratio of the first
floor.
17.20.12030 Parking requirements.
A. There shall be provided on the same parcel of land not less than two parking spaces
for each dwelling unit, except that for dwellings which contain over four bedrooms
and over two thousand (2,000) square feet of living area, no less than three parking
spaces shall be provided. Each parking space shall be not less than ten feet wide,
seven feet high, and twenty (20) feet long and shall be in a garage. (Prior code §
9105.11)
• B. Vehicles may not be parked on any lot except in the garage or on the driveway or
parking apron or other hardscaped surface previously approved by the Planning
Department.
17.20.13040 Lot coverage.
Standards regulating the extent a lot may be improved have been established in order to
prevent excessive development and to maintain landscaped areas where water may be
absorbed. The following standards apply to the R-2 zone:
A. Floor-Area Ratio (FAR). Residential development shall not have a floor-area ratio that
exceeds forty five (45) pe Gen , thirty-five (35) percent, to be calculated pursuant to
Section 17.04.020. An Additional five (5) percent may be obtained through use of the
design incentive program outlined in 16.20.230, to be calculated pursuant to Section
17.04.020. In addition, any residential dwelling that exceeds three thousand hundred
38
3( ,000) square feet of living area shall require a conditional use permit pursuant to
Section 17.112.030.
B. Impervious Surfaces/Landscaping. Pedestrian walkways, vehicular access ways and
other impervious surfaces shall not collectively occupy more than fifty (50) percent of
front and side yard areas that are visible from a public right-of-way. Addition of
impervious surfaces in these areas shall require a site plan subject to the approval of the
Director of Planning. All other portions of these areas shall be landscaped with lawn,
trees, shrubs and other plant materials in compliance with any drought tolerance
requirements in effect. Landscaped areas shall be permanently maintained in a neat and
orderly manner.
1. Front Driveway. Vehicle access ways (driveways) serving front facing garages
shall be set back at least three feet from any side property line. The maximum width
of the access way shall not exceed twenty-five (25) feet for a two-car garage or thirty-
five (35) feet for a three-car garage.
• 2. Walkways. Pedestrian walkways on private property shall not exceed five
feet in width when located in front or side yard areas. (Ord. 754 § 3, 1995: prior
code § 9105.12)
3. Landscaping shall not be permitted to limit or restrict the line of sight on any
public roadway.
4. A minimum of 1 tree shall be planted in new or remodeled residential front
yards for every 50-feet of street frontage.
C. A home that exceeds the size of the larqest adioininq home by more than 20%
shall be required to add subiect to a Site Plan Review approval, at least one of
the following features:
■ Roofline with height and plane changes
■ Reduced eave height
D. When two or more lots are merged, the allowed Lot Coverage and FAR shall be no
larger than 150% of the allowance that would occur for the largest single lot.
17.20.140 Distance Between Buildings on Same Lot.
There shall be a minimum distance of twenty (20) feet between buildings used for dwelling
purposes on the same lot. (Prior code ~ 9105.9) There shall be a minimum distance of six
feet between accessory buildings or above-ground structures on the same lot of parcel of
land, not attached to a dwelling unit.
39
17.20.150 Accessory buildings.
The following regulations shall apply to the location of accessory buildings unless
otherwise provided in this title.
A No detached accessory building shall exceed seven hundred fifty (750) square feet.
B No detached accessory buildings in the R-2 zone may exceed two stories or thirty
(30) feet in height, whichever is less.
C No detached accessory buildings in the R-2 zone shall be located at a distance
less than sixty (60) percent of the depth of the lot from the front property line or ninety
(90) feet, whichever is less.
D. On a corner lot no detached accessorv buildings in the R-2 zone shall be located at
a distance less than twenty (20) feet from the side street line.
E No accessory buildings in the R-2 zone shall be located nearer than three feet to
any interior property line.
F No accessory buildings on the rear twenty-five (25) feet of a reversed corner lot in
the R-2 zone shall be located nearer to the side lot line on the street side of such
reversed corner lot than the front yard depth required on the key lot in the rear.
G A private garage of not to exceed seven hundred fifty (750) square feet may be a
part of the main building if the garage and the main building have a common wall of
not less than five feet in length or if not more than four feet from the main building
and connected thereto by a roof of not less than five feet in width. Such attached
garage may extend into the required rear yard for a distance of not more than ten feet
but the front of such aaraae shall not be nearer than twenty-five (25) feet from the
is street providing access thereto
H. One detached accessory building for use as a private garage may be permitted to
occupy the required front yard of an interior lot in the R-2 zone when the slope of the
front half of such lot is greater than one-foot rise or fall in a horizontal distance of four
feet from the established street elevation at the front property line, provided, however,
that no portion of any such building shall be less than five feet from the side or front
line of the lot and further provided that no such building shall exceed ten feet in height.
(Amended during 1999 codification: prior code § 9121.13)
1. Portable shade structures shall not be located in any residential side or front yard.
17.20.160 Yard encroachments.
Where yards are required in this title they shall be not less in depth or width of any
part than the minimum dimension specified and they shall be at every point open and
unobstructed from the ground upward except for trees and shrubs and as follows:
40
A Cornices canopies eaves patios, forced air units fireplaces or other similar
architectural features and heating ventilation and air conditioning equipment, not
providing additional floor space within the building may extend into a required front
side or rear yard or distance between buildings not to exceed two feet.
B Open unenclosed uncovered porches platforms or landing places which do not
extend above the level of the first floor of the building may extend into any front, side
or rear yard not more than six feet.
C Detached accessory buildings may occupy side and rear yards as provided in
Section 17.20.160.
D Garages carports and patios may occupy not more than fifty (50) percent of a
required rear yard. Swimming pools and fallout shelters may occupy rear yards, but
not required front or side yards except that no swimming pool or fallout shelter may be
located less than five feet from a property line. (Amended during 1999 codification:
• prior code ~ 9121.16)
17.20.170 Fences, walls and hedges.
Fences walls hedges trees shrubs, flowers walks driveways and similar landscaping
may occupy front side and rear yards except as follows:
A In the R-2 zone no fence wall or hedge located in the rear or side yards shall
exceed a height of six feet.
B In the R-2 zone no fence wall or hedge located in the required front yard shall
exceed a height of four (4) feet.
C. In the R-2 zone no fence wall or hedge located within five feet of the street side or
• within ten feet of the rear line of a reversed corner lot between the street and the
established setback line on the key lot to the rear, shall exceed a height of four (4)
feet.
D. In the R-2 zone no barbed wire shall be used or maintained in or about the
construction of a fence wall or hedge along the front side or rear lines of any lot, or
within three feet of said lines and no sharp wire shall project at the top of any fence or
wall less than six feet in height.
E Hedges shall not encroach onto a curb or sidewalk or over a lot line.
F The provisions of this section shall not apply to a fence or wall as required by any
law or regulation of the state of California or any agency thereof.
G All property that is vacant under construction, or being demolished shall be totally
enclosed around the perimeter by a fence. The fence shall be a minimum of six feet in
height as measured from adjacent property and adequately constructed from chain
41
link lumber, masonry or other approved materials. The fence shall be installed prior to
the initiation of any construction or demolition and shall be continuously maintained in
good condition The required fence shall be entirely self-supporting and shall not
encroach or utilize structures or fencing on any adjacent property without prior written
approval of the adjacent property owner. Signs shall be posted on all property that
meets the requirements of this subsection stating the following: "PRIVATE
PROPERTY NO TRESPASSING." The location, type and installation of the fencing
and signs shall be subiect to the approval of the Director of Planning or other
designated officials For the purposes of this subsection "vacant property" means
property which has no structures or buildings or property that has buildings or
structures which are unoccupied. "Under construction" and "demolish" shall be
defined pursuant to the Los Angeles County Building Code as adopted by the city.
"Unoccupied" means any building or structure which is not secured locked or closed
or is not constantly being used for its intended purpose or is accessible to juveniles,
transients or loitering or is by virtue of its unattended status a potential health fire or
safety hazard. (Prior code 9121.17)
• 17.20.180 Storage in yards.
No Dortion of anv side vard on the street side of a corner lot or any portion of the rear
yard on the street side of a corner lot, or any portion of the front yard on any lot in a
residential area shall be used for the permanent storage of motor vehicles, trailers,
airplanes boats parts of any of the foregoing rubbish, garbage, junk, tents,
clotheslines garbage or rubbish receptacles or building materials (except building
materials used on the premises stored thereon during the time a valid permit is in
effect for construction on the premises). "Permanent storage," as used in this
subsection means the presence for a period of forty-eight (48) or more consecutive
hours in the front or side yard. (Prior code ~ 9121.18)
17.20.190 Uses subject to Planning Director review and approval.
• The Planning Director may grant a modification from a setback or fence requirement
of up to twenty (20) percent in a residential zone when this modification is so minor
and insubstantial that application to the Planning Commission for a variance, a public
hearing and associated fees are not required in the public interest; and that the spirit
and purpose of the zoning ordinance adjacent properties and the public welfare will
not be adversely affected. (Prior code § 9121.23)
17.20.200 R-2 Residential Development Design Standards
A At least 40% of the street-facing wall of the second floor shall be set back a minimum
of 10-feet from the street-facing wall of the first floor.
B. Reflective building materials are prohibited.
C. Exterior Paint Colors shall not exceed a Light Reflective Value greater than 40%.
42
D Mechanical elements (roof-top and ground-level) must be screened from view.
E Residential front yard walls and fences may not exceed four (4) feet (including
fencing hedges or other material).
F Portable shade structures shall not be located in anv residential side or front yard.
G All garages shall match the main house in terms of color scheme, roofing material
and roof pitch and gable orientation and design.
H. Hedges shall not encroach onto a curb or sidewalk or over a lot line.
I Vehicles may not be parked on any lot except in the garage, on the driveway or
parking apron or other hardscaped surface approved by the Planning Department
J The street address shall be clearly visible for all homes.
• K Remodels shall utilize materials colors and designs that match the existing
structure.
L Sidewall articulation shall be required on exterior walls that are not separated from
an adjacent home by more than 25 feet.
M Entry treatment shall not exceed a maximum total height of 12 feet for single story
homes and 14 feet for two story homes.
N Bay windows shall not exceed the height of 1 story.
17.20.210 Building Plan Review Requirements
• A Demolition permits allowing the removal of an existing home in order to construct a
new home on the same lot shall not be issued until building plans for the
replacement structure have been reviewed and approved by the City of Rosemead
Planning Dept.
17.20.220 Additional Site Plan Review Requirements
In addition to general Citv of Rosemead Planninq Department review and approval
requirements for residential projects the following items are also subject to review and
approval Special approval by the Architectural Review Committee (ARC) shall be
required when in the opinion of Planning Department staff a proposed design is not
architecturally compatible with the house or other homes in the neighborhood.
A A Site Plan review shall be required to install hardscape directly adjacent to a new or
modified residential driveway.
43
B A No Fee Permit shall be required to install new fencing or replacement fencing in anv
residential front vard.
C A Site Plan review shall be required to install a portable shade structure in a
residential rear vard.
D A Site Plan review shall be required for any detached accessory building greater than
120 square feet whether the total area is in one building or cumulatively in multiple
buildings including storage structures and workshops but not including required
garages.
E A Site Plan review shall be required to install separate secondary residential units,
provided the proposal is fully compliant with the requirements set forth in Ordinance
826.
F A Site Plan review by the Architectural Review Committee (ARC) shall be required for
• construction materials colors and/or decorative elements that terminate at outside
corners and that in the opinion of Planning Department staff results in a design that
is not architecturally compatible with the house.
G A Site Plan review by the Architectural Review Committee (ARC) shall be required for
anv front porch column design that in the opinion of Planning Department staff is not
proportional in size and architecturally compatible with the house.
H A Site Plan review by the Architectural Review Committee (ARC) shall be required for
any pitch of an entry roof that does not match the pitch of the main structure, and that
in the opinion of Planning Department staff results in a design that is not
architecturally compatible with the house.
17.20.230 R-2 Residential Design Incentives
• When incorporated into new R-2 residential homes or remodels the following design elements will
result in the approval of additional development area and/or favorable staff recommendation
A. Additional Development Area Incentives
1 A second story top plate that does not exceed 20'-0" in height
2 A second floor fully contained within a pitched roof.
3 Both side yard setbacks that exceed the zoning minimum by more than 5 feet.
4 A second floor setback that exceeds the zoning minimum by more than 10 feet on 75%
of the frontage.
5 A landscape plan that incorporates three or more mature trees (24" box or larger)
6 Placement of the garage at the rear of the residential structure or a tandem -garage
design.
7. A new single-story home (instead of two-story).
8 Minimum 18-inch eave overhangs with exposed decorative wood eave and rafter tails
9 Usage windows that are recessed a minimum of four inches on the front elevation.
44
B. Favorable Staff Recommendation Incentives
1 A favorable staff recommendation will be given for CUP applications that incorporate, in
staffs judgment a unique and neighborhood-compatible overall architectural style and
design and/or a positive aesthetic impact on the neighborhood as a whole
2 Usage of landscape materials to create separate between public and private space.
3. No front yard fencing.
4 Usage of natural materials, such as wood or stone.
5. Front yard fence less than 4 feet.
6 Usage of a wide variety of drought-tolerant plant materials as well as automatic
irrigation with moisture sensors.
7 Usage of interlocking pavers decomposed granite or other decorative landscape
materials for walkways and driveways.
8 Usage of windows that are recessed a minimum of four inches on the front elevation.
9. Usage of true divided light windows doors and side lights.
10 Usage of single-hung or double-hung windows.
• 17.20.240 ADDITIONAL REQUIREMENTS
A The City shall require CEQA documentation including an historical assessment, for any
application to demolish an existing home that may qualify as having historical value under local,
state and/or federal guidelines.
LJ
45
Chapter 17.112.030 USES PERMITTED IN SPECIFIC ZONES
17.112.030.26 Conditional Use Permits
Any residential dwelling in the R-1 and R-2 zones that exceeds three thousand (3,000)
square feet of developed living area subject to the following conditions:
A. The granting of such conditional use permit will not adversely affect the established
character of the surrounding neighborhood or be injurious to the property or improvements in
such vicinity and zone in which the property is located.
B. Architecture of the dwellings shall be consistent with and/or complementary to the
surrounding neighborhood to assure the neighborhood's integrity and the character of the
community.
• 17.112.030.29
A A CUP shall be required for any lighted outdoor sporting field or court (tennis basketball
etc. .
17.112.030.30
B A CUP shall be required for the addition of any fill that would raise building pad or front
yard elevation by more than 24" above natural grade in the R-1 and R-2 zones.
Section 5. The City Council HEREBY APPROVES Ordinance No. 851 and the City of
Rosemead Single-Family Residential Design Guidelines.
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 this Ordinance, 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.
46
PASSED, APPROVED, and ADOPTED this 2 day of Ju_v_-;~ '2007.
•
CJ
ATTEST:
NINA CASTRUITA, City Clerk
John Tran, Mayor
47
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that
Ordinance No. 851 was duly and regularly approved and adopted by the Rosemead City
Council on the 12th of June, 2007, by the following vote to wit:
• Yes: CLARK, LOW, NUNEZ, TRAN
No: TAYLOR
Absent: NONE
Abstain: NONE
o,
Nina Castruita
City Clerk
I*