CC - Item 8D - Ordinance 890 - 2nd Reading - Approving Municipal Code Amendment 10-03, Establishing Development Standards for That ZoneROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: MAY 11, 2010
SUBJECT: ORDINANCE 890 - SECOND READING: APPROVING MUNICIPAL
CODE AMENDMENT 10-03, ADDING THE C-4 REGIONAL
COMMERCIAL ZONE AND CHAPTER 17.46 TO THE CITY'S
MUNICIPAL CODE TO ESTABLISH DEVELOMENT STANDARDS FOR
THAT ZONE
SUMMARY
On April 27, 2010, the City Council introduced Ordinance No. 890, which approved
Municipal Code Amendment 10-03, adding the C-4 Regional Commercial Zone and
Chapter 17.46 to the City's Municipal Code to establish Development Standards for that
zone. Ordinance No. 890 is now before Council at the required second reading for
adoption.
Staff Recommendation
Staff requests that City Council ADOPT Ordinance No. 890 at its second reading.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
GLORIA MOLLEDA
CITY CLERK
Attachment A -Ordinance No. 890
APPROVED FOR CITY COUNCIL AGENDA:
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ITEM NUMBER:
ORDINANCE NO. 890
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT
10-03, ADDING THE C-4 REGIONAL COMMERCIAL ZONE AND
CHAPTER 17.46 TO THE : CITY'S MUNICIPAL CODE TO
ESTABLISH DEVELOPMENT STANDARDS FOR THAT ZONE.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. The following findings are adopted in support of the
addition of Chapter 17.46 "C-4 Regional Commercial" zone to the Rosemead
Municipal Code by the City of Rosemead to regulate land designated High
Intensity Commercial in the City's General Plan.
A. The City Council of the City of Rosemead recently adopted an
amendment to the Land Use Element of the General Plan, which
established a new High Intensity Commercial land use designation.
B. The High Intensity Commercial land use designation consists of
approximately 19.2 acres within two project areas in the City, and
its goals and policies envision redevelopment of these project areas
into cohesively planned sub-regional commercial centers that
provide goods and services in a larger retail form, with ancillary
smaller retail uses supporting the sub-regional commercial uses.
C. The current Zoning Code does not provide provisions for high
intensity commercial developments, and approval of such projects
could have substantial adverse health and safety impacts on the
community if they are. not regulated with specific development
standards. Adoption of these development standards in conjunction
with creation of the C-4 Regional Commercial zone will bring the
zoning code into conformity with the General Plan.
D. The City wishes to adopt regional commercial development
standards to ensure careful regulation and well-designed projects
through effective land use planning.
E. The proposed amendment ensures and maintains internal
consistency with all of the objectives, policies, general land uses,
programs, and actions of all elements of the General Plan. The
amendment does not conflict with current General Plan policies,
objectives or programs.
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F. The proposed amendment would not be detrimental to the public
convenience, health, safety, or general welfare of the City.
G. The proposed amendment will not have significant adverse effects
on the environment.
Section 2. The Rosemead City Council adopted a General Plan update
and certified an accompanying Program Environmental Impact Report (Program
EIR) on October 14, 2008. The certified Program EIR provided a program-level
assessment of the environmental impacts resulting from development pursuant
to land use policy and implementation of the goals and policies set forth in all
chapters of the updated General Plan, as well as long-term implementation of the
General Plan through a revised Zoning Code. On April 13, 2010, the City
Council adopted an addendum EIR, along with a new Statement of Overriding
Considerations, for the 2010 General Plan update. The Addendum EIR is based
on the 2008 Program EIR in accordance with CEQA Guidelines Section 15164.
Municipal Code Amendment 10-03 Js consistent with the Program EIR and
Addendum, and pursuant to Public, Resources Code 21083.3 and CEQA
Guidelines sections 15162, 15168, and 15183 is exempt from the requirement
that additional environmental documentation be prepared.
The City Council, having final: approval authority over this project, has
reviewed and considered all comments received during the public review period
prior to the approval of this project.
Section 3. The City Council HEREBY FINDS AND DETERMINES that
Municipal Code Amendment 10-03 is in the best interest of the public necessity
and general welfare, and good city planning practice dictates and supports the
proposed municipal code amendment, in that the change to the Rosemead
Municipal Code will provide a superior level of planning and protection to the
quality and character of the City.
Section 4. The City Council FURTHER FINDS AND DETERMINES that
Municipal Code Amendment 10-03 is consistent with the Rosemead General
Plan as follows:
A. Land Use: Municipal Code Amendment 10-03 consists of requiring
approval of a Design Review (DR) entitlement application for any new
commercial project within the C-4.:Regional Commercial zone. The code
amendment will provide provisions for a wide range of permitted uses, as well as
standards to regulate the public realm and streetscape, site design and
circulation, building form, land use, and architecture. The propose code
amendment will achieve the goal of providing an overall urban design framework
to ensure that the quality, appearance and effects of buildings, improvements
and uses are compatible with the City design criteria and goals. The provisions
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have also been structured to attract tax generating uses which have the potential
to augment the City's economic base. ' ,
B. Circulation: Municipal Code Amendment 10-03 proposes detailed
site access and circulation criteria, as well as parking requirements. Potential
impacts to traffic and transportation depend on the extent of a proposed project
and local conditions. Each new proposed residential/commercial mixed-use
project will be required to provide efficient vehicular access to the site.
Furthermore, new development will be required to satisfy the parking
requirements outlined in the municipal code.
C. Housing: The proposed municipal code amendment will not induce
substantial new population growth nor displace existing housing units or people.
The C-4 Regional Commercial zone will only allow commercial uses. The
municipal code amendment is not proposing a maximum Floor Area Ratio (FAR)
than what is already established in the City's General Plan.
D. Resource Management,., Municipal Code Amendment 10-03
encourages the use of green construction materials, and energy and water
efficient conservation features. Any.proposed development resulting from this
municipal code amendment would be:located in a developed urban area, and as
such, will not result in any impact upon natural resources.
E. Noise: The development standards will also require residential
units to be designed to limit the interior noise caused by the commercial and
parking elements of a mixed-use development, as well as regulate the placement
of mechanical equipment to prevent noise disturbance. Lastly, all new
developments will be required to comply with the City's Noise Ordinance.
F. Public Safety: Impacts to law or fire enforcement, parks, and public
facilities are area or community specific. The proposed municipal code
amendment would not impact police, fire, or school services, and there would be
no change in demand for or use of public parks. The entire City of Rosemead is
located in Flood Zone C (flood insurance is not mandatory) and is free from any
flood hazard designations.
Section 5. CODE AMENDMENT Section 17.08.010 is hereby amended to
include the following established zone: C-4 Regional Commercial.
Section 6. CODE AMENDMENT. Chapter 17.46 "C-4 Regional
Commercial" is hereby added to the Rosemead Municipal Code to read as
follows:
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Chapter 17.46
C-4 REGIONAL COMMERCIAL ZONE
Sections:
17.46.010
Purpose and intent.
17.46.020
Applicability
17.46.030
Approval procedure.
17.46.040
Permitted uses and floor area requirements.
17.46.050
Development standards.
17.46.060
General requirements.
17.46.010 Purpose and intent.
A. Purpose. The purpose of the C-4 zone is to provide opportunities for well-
designed sub-regional commercial centers that provide goods and services in
a larger retail form with ancillary smaller retail uses supporting the sub-
regional commercial uses. The Regional Commercial areas will result in a
higher level of site design, including architectural character and urban design,
vehicular access, parking, landscaping, and pedestrian amenities.
B. Intent. The intent of this zone is to accomplish the following objectives:
1. Establish a well-balanced and carefully planned collection of signature
commercial retail anchors, general, retail outlets, and casual to upscale
restaurants, which take advantage of the site's accessibility to major
roadway corridors;
2. Allow for the development of site in a manner which will provide a
productive use of commercial opportunities;
3. Expand commercial retail and restaurant options for local customers by
providing daytime and nighttime shopping and dining opportunities in a safe
and secure environment;
4. Augment the City's economic base by providing a variety of tax generating
uses;
5. Create employment generating opportunities for the residents of Rosemead
and surrounding communities;
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6. Require consistent and rational: development of the site(s) in accordance
with established and functional aesthetic standards; and
7. Minimize impacts on surrounding residential neighborhoods by providing
adequate mitigation measures that address project access, loading and
unloading activities, parking, development scale and massing, screening,
noise, lighting, and architectural design.
17.46.020 Applicability.
A. The following regulations shall apply to the C-4 Regional Commercial zone
unless otherwise provided in this title.
B. The C-4 Regional Commercial designation consists of two project areas as
outlined below:
1. Project Area 1. This area consists of 11 parcels of land totaling
approximately 15.8 acres, located on the north side of Garvey Avenue
between Del Mar Avenue and San Gabriel Avenue. This area is
bounded by Garvey Avenue to the south, Strathmore Avenue to the
west, single-family residential land uses to the north, and Paradise
Trailer Park and Apartments to the east.
2. Project Area 2. This area is located on the southeast corner of Valley
Boulevard and Walnut Grove Avenue, and includes three parcels totaling
approximately 3.4 acres. Rubio Wash is located just south of site and a
combination of commercial and "single-family residential land uses are
located to the east.
17.46.030 Approval procedure.
A. General Requirements.
1. A precise plan of design for a commercial development shall be
submitted and approved in accordance with the requirements of Section
17.72.060, with the exception that the City Council shall approve or
disapprove such project upon receiving a recommendation from the
Planning Commission.
17.46.040 Permitted Uses and Floor Area Requirements
A. The C-4 Regional Commercial zone-provides opportunities for commercial
retail and restaurant related uses. The zone designation permits the
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following mix of land uses and building sizes as identified in Table 1-1 and
Table 1-2 below:
B. Table 1-1: Land Use and Building Size Requirements for Project Area 1,
as identified in the General Plan
The primary use of the site shall have a major anchor tenant
(75,000-140,000 square feet) and/or a hotel use
Permitted Uses
Building Sizes
(minimums and maximums)
Large Retail Center with
Anchor Tenants: Consumer
electronics and appliances
75,000-140,000
retail, department store,
square feet
discount and variety store,
home improvement, and
hardware store.
General Retail Outlets: Home
furnishing and housewares
retail; music, video, book and r
entertainment retail; office
15,000-35,000
products retail; sporting and
square feet
recreational equipment retail;
hobby and craft retail; and
other specialty retail
Restaurant-Related Uses:
Casual dining restaurants,
5,000-10,000 square feet
specialty eateries, and upscale
dining
Hotel, when approved with. a
100 guest rooms
Conditional Use Permit
Ancillary Commercial Uses,
include the following as well as
uses of similar character as
approved by the Community
Development Director:
Eating and Drinking
1,500-3,000 square feet
Establishments (restaurants,
fast food facilities, including
drive-through services, candy
and confectionaries shops,
delicatessens, donut shops,
and coffee sales), Financial '
Institutions (banks, savings and
loans, and credit unions), Food
and Beverage Sales (markets,-.
catering services, and retail
bakeries), Personal Services
and Sales (beauty and
barbershops, including beauty
supply, florist shops,
photography studios, private
postal service, travel agencies,
tailors, shoe repairs, video
sales and/or rental),
Specialized Retail (consumer
electronics, fabric store,
hobbies and crafts, apparel and
accessories, books and
magazines, jewelry, sporting
good (sales and rental),
photography, and stationery
C. Table 1-2: Land Use and Building Size Requirements for Project Area 2, as
identified in the General Plan
The primary use of the site shall. have a minimum of one general
retail outlet and/or a hotel use
Permitted Uses
Building Sizes
(minimums and maximums)
General Retail Outlets: Home
furnishing and housewares retail;
music, video, book and
15
000-35
000
entertainment retail; office products
,
,
square feet
retail; sporting and recreational
equipment retail; hobby and craft
retail; and other specialty retail
Restaurant-Related Uses: Casual
dining restaurants, specialty
5,000-10,000 square feet
eateries, and upscale dining
Hotel, when approved with a
100 guest rooms
Conditional Use Permit
Ancillary Commercial Uses,
include the following as well as
uses of similar character as
approved by the Community
Development Director:
Eating and Drinking Establishments
(restaurants fast food facilities,
including drive-through services,
candy and confectionaries shops,
delicatessens, donut shops, and
coffee sales), Financial Institutions
(banks, savings and loans, and . .
credit unions), Food and Beverage
Sales (markets, catering services,
1,500-3,000 square feet
and retail bakeries), Personal
Services and Sales (beauty and
barbershops, including beauty
supply, florist shops, photography
studios, private postal service,
travel agencies, tailors, shoe
repairs, video sales and/or rental),
Specialized Retail (consumer
electronics, fabric store, hobbies
and crafts, apparel and
accessories, books and magazines,
jewelry, sporting good (sales and
rental), photography, and stationery
sales
D. Notwithstanding the provisions of Section 17.112.020, the following uses
shall be the only uses for which a Conditional Uses Permit may be applied
for and granted in the C-4 Regional Commercial zone
Any establishment having an off-sale license for alcoholic beverages;
Any establishment having an on-sale license for alcoholic beverages; and
Any hotel establishment, in accordance with Section 17.112.020 and
Section 17.46.060(D).
E. Except as provided in sections 17.46.040(B), 17.46.040(C), and
17.46.040(D), all commercial uses and nonresidential uses are strictly
prohibited in the C-4 Regional Commercial zone.
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17.46.050 Development standards.
A. Public Realm and Streetscape
1. Public Sidewalks
a. The following shall apply to public sidewalks:
(1) The minimum building setback shall be twelve (12) feet as
measured from the curb face, and shall be in the form of both
existing right-of-way and a recorded pedestrian access and utility
easement;
(2) The minimum building `setback area shall include a minimum
seven (7)-foot wide detached sidewalk (clear zone) and a minimum
five (5)-foot wide parkway (amenity zone) adjacent to all streets.
The amenity zone shall be located between the curb face and the
clear zone. The clear zone shall be located between the building
and the amenity zone;
(3) The sidewalk in the clear zone shall be constructed of concrete,
comply with ADA accessibility standards and be subject to the
review of the City Engineer;
(4) The clear zone shall be unobstructed by any permanent or
nonpermanent element for a minimum width of seven (7) feet and a
minimum height of eight (8) feet; and
(5) The amenity zone shall include street trees, landscaping, public
signs, public art, street lighting, street furniture, and other
pedestrian-oriented amenities, as appropriate.
2. Street Trees
a. All species of mature oak trees shall be preserved or otherwise
dealt with in accordance with RMC Section 17.100.120.
b. The removal of other mature trees shall be subject to the review
and approval of the Urban Forester.
c. Mature street trees that are approved for removal by the Urban
Forester shall be replaced with a minimum of three (3) new mature
box trees that have at least a twenty-four (24) inch box and are the
same species of the replaced mature street trees or a species
approved by the Urban Forester. The City reserves the right to
increase the number of trees if it deems necessary in order to
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compensate for mature tree loss.
d. The amenity zone shall be planted with street trees at an average
spacing not greater than thirty (30) feet on center.
3. Transit Stops
a. Transit stops shall be designed as integral elements of a
commercial development by collocating them with pedestrian
oriented amenities, such,as-pocket parks, courtyards, plazas, etc.
whenever possible.
b. When an existing transit stop is located on a sidewalk adjacent to
the location of a development, a shelter for transit patrons shall be
constructed that:
(1) Incorporates architectural features of the development and is
compatible with the development; and
(2) Includes a shelter, bench and lighting.
4. Corner Lot
a. On intersection corners, where both streets have four (4) lanes:
(1) Building architecture on intersection corners, where both streets
have four (4) lanes or more, shall receive special treatment to
enhance the pedestrian experience, and create visual interest and
focal points at the entryways, such as but not limited to, building
cut-offs and corner entrances with additional architectural detail,
decorative landscaping, hardscape, planters, canopy, overhang or
other architectural covering over the building entry; and
b. On intersection corners„regardless of the number of lanes on each
street:
(1) Retail, restaurant, or overnight accommodation uses within
buildings facing two (2) or more streets shall have at least one (1)
customer entrance facing the primary street and one (1) customer
entrance facing the second street or instead of two (2) entrances, a
corner entrance; and
(2) Buildings on corner lots shall address both streets with an equal
level of architectural detail.
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5. Outdoor Seating
a. No permanent seats or structures shall be placed in the public right-
of-way without the review and approval of the City Engineer.
b. Outdoor seating furniture shall not be located within the clear zone
without prior review and.appioval of the City Engineer.
c. Outdoor seating furniture shall be a minimum of ten (10) feet from
the nearest transit stop.
d. Any outdoor dining area may be separated from the sidewalk only
with planters, shrubs, or fencing with a maximum height of forty-two
(42) inches.
e. When alcoholic beverages are permitted in outdoor seating areas
that are immediately adjacent to a public pedestrian way, the
landscape separation physical design and plant material should
compliment the design of the building and prevent passing or
carrying alcoholic beverages outside the restaurant seating area
and a sign shall be posted.
6. Undergrounding of Utilities
a. Utility lines to a development from the building to the property line,
including but not limited to electric, communications, street lighting
and cable television shall be placed underground.
b. Utility lines within the right-of way shall be placed underground to
the maximum extent practicable. The requirements of this section
may be waived by the City Council upon recommendation from the
City Engineer if it is determined that topographical, soil or any other
conditions make such underground installations unreasonable or
impractical.
B. Site Design and Circulation
1. Minimum Development Area
a. The minimum development area for a commercial project within
Project Area 1 shall be fifteen (15) acres.
b. The minimum development area for a commercial project within
Project Area 2 shall be three (3) acres.
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c. Lots may be subdivided within each development site area for the
purpose of creating a commercial condominium or separate
commercial pads in accordance with RMC Chapter 17.88, RMC
Title 16; and the Subdivision Map Act.
2. On-site Tree Preservation
a. All species of mature oak trees shall be preserved or otherwise
dealt with in accordance with RMC Section 17.100.120.
a. The removal of other mature trees shall be subject to the review
and approval of the City Council.
b. Mature trees that are approved for removal by the City Council shall
be replaced with new mature trees that have at least a twenty-four
(24) inch box and are the same species of the replaced mature
trees.
3. Bicycle Parking
a. Bicycle parking spaces shall be equal to three (3) percent of
required off-street parking.
b. Bicycle parking facilities shall be:
(1) Securely anchored to the lot surface so they cannot be easily
removed and shall be of sufficient strength to resist theft;
(2) Separated by a physical barrier to protect the bicycle from
damage by motor vehicles if located within a vehicle parking area;
and
(3) Motor vehicle entrances shall display adequate signs to indicate
the availability and location of the bicycle parking facilities.
4. Access and Location of Off-Street Parking
a. At-grade parking shall not be located between any building and the
street frontage.
b. Vehicular access to corner lot developments shall be from an alley
or from a side street.
c. Access to parking on interior lots shall have only one (1) vehicular
access, which shall not be from the street if the lot abuts an alley.
A second vehicular access may be allowed for lots that have a
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street frontage of three-,:aundred fifty (350) feet or more and do not
abut an alley. Developments on those lots may have additional
driveways that are not closer than three-hundred (300) feet apart.
5. Parking Requirements
a. The parking requirements shall be provided in accordance with
RMC Section 17.84.
6. Trash and Loading Areas
a. Trash and refuse collection, and recycling areas shall be provided
in accordance with RMC Section 17.12.240.
b. All trash enclosures shall be fully enclosed with self-closing and
self-latching doors, and each enclosure shall accommodate both
trash and recyclable bins.. -
c. Trash enclosures shall be an integral part of the building design
whenever possible.
d. Trash enclosures shall be of the same architectural style as the
development.
e. Loading areas shall be clearly designated
f. Loading areas shall be screened from public view to avoid negative
noise, visual, and illumination impacts on neighboring residential
development and may be accomplished by the construction of six
(6) foot high perimeter walls that are architecturally compatible with
the primary structures and on-site landscaping.
g. All screening walls shall be landscaped using vines, hedges, or
other plant material necessary to provide a minimum fifty percent
(50%) coverage.
h. Trash pick-up and loading activities are permitted only during the
hours of 7a.m. to 7p.m.
7. Landscaping
a. A landscape and irrigation plan shall be prepared by a professional
landscape architect and shall be submitted and approved by the
Planning Division along with the application for a precise plan of
design. Said landscaping shall be developed in accordance with the
submitted and approved landscaping plan and shall include a plan
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for continued maintenance. The landscape plan shall satisfy the
following requirements:
(1) The landscaping plan shall consist of a combination of trees,
shrubs and groundcovers with careful consideration given to size at
maturity. The minimum planting material size standards for
identified landscaped or open areas are:
(a) Not less than 5 percent of the gross area of the site
devoted to at grade parking shall be developed with interior
landscaping.
(b) Specimen size tree materials (thirty (30) inch box) shall
be provided for the ultimate coverage of no less than ten
percent of the area to be devoted to landscaping, or ten
trees, whichever is greater.
(c) Tree materia; (fifteen (15) gallon) shall be provided for
the ultimate coverage of fifteen percent (15%) of the area
devoted to landscaping or twenty (20) trees, whichever is
greater.
(d) All shrubs shall be a minimum of five (5) gallons in size
and shall be used to enhance all entrances, walkways,
building walls, and separation walls in a manner which
compliments the entire project.
(2) The landscape and irrigation plan shall make use of moisture
sensors and controlled timing devices in regard to landscape
irrigation concept for one hundred (100) percent watering to all
planted areas.
(a) Landscape design must incorporate energy and water
conservation measures, and comply with RMC Chapter
13.08 Water Efficient Landscaping where applicable.
(b) Non-deciduous trees shall be planted in un-covered
surface parking lots at a minimum of one (1) tree per ten (10)
spaces or to provide a fifty (50) percent shade canopy
coverage within a minimum of ten (10) years after planting.
All trees within the parking area shall be a minimum of
twenty-four inch (24") box size at planting. However, larger
trees (e.g. 36-inch box, and 48-inch box) may be required by
the City Council. Each tree shall have a deep root watering
system and a root barrier.
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(c) The developer and subsequent owners shall be
responsible for maintaining the landscaping as shown on the
approved plan. Maintenance shall include regular irrigation,
weeding, fertilizing, and pruning and replacement of dead
materials.
8. Lighting
a. A photometric survey (lighting plan) shall be approved by the City
Council for each commercial development.
b. All commercial developments shall have exterior lighting that
provides adequate visibility at entrances, public sidewalks, open
areas, and parking lots with a safe level of illumination at night.
c. Exterior lighting shall be of low intensity and shielded so that light
will not spill out onto surrounding properties or project above the
horizontal plane.
d. Lighting shall not blink, flash, oscillate or be of unusually high
intensity of brightness. Exposed neon or unshielded or uncovered
lighting shall be prohibited.
e. All lighting shall be integrated with landscaping wherever possible.
9. Walls and Fences
a. A six-foot high masonry wall shall be constructed along the property
line of any lot where construction of any development is adjacent to
property zoned and or used for residential purposes. Said wall
shall be limited in height to forty-two (42) inches where it abuts the
required front yard setback on the adjacent property zoned or used
for residential purposes..
b. Walls shall have a decorative texture that matches the walls of the
development. Vines shall be planted six (6) feet apart along all
masonry walls to soften a wall's appearance.
c. Chain-link, wood fences, barbed wire, razor-wire, and spikes shall
be prohibited.
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C. Building Form
1. Setbacks
a. Interior Lot Lines. The minimum setback area from an interior side
lot line may be zero (0), but. shall be a minimum of ten (10) feet if
more than zero (0).
b. Side Street. No minimum setback is required except where rear of
lot abuts side of residential uses, school or park, in which case a
setback of twenty (20) feet shall be maintained within twenty-five
(25) feet of the established common property line. This required
setback area may be used to meet the landscaping requirements,
so long as all other provisions in this code are satisfied.
c. Rear
(1) If the site abuts residential uses, school, or park a minimum ten
(10) feet set back is required.
(2) If the site abuts non-residential uses, the minimum setback from
the rear lot line may be zero (0) but shall be a minimum of ten (10)
feet if more than zero (0).
(3) If the site abuts an alley, minimum setback from the property
line shall be five (5) feet, provided the setback does not contain
an egress or ingress access way to or from a covered parking
structure. If an egress or ingress access way is provided to or
from a covered parking structure, the minimum setback from the
property line shall be twenty (20) feet within the access way
area.
d. Front. The front setback shall be a minimum of 20 feet. In any case
where the public sidewalk setback results in a greater setback, the
sidewalk setback shall prevail.
e. Any area of a surface parking lot that abuts a public street shall be
set back from the sidewalk a minimum of ten (10) feet and
screened by landscaping and a decorative three (3) foot high
masonry wall. Landscaping shall include trees planted a maximum
of twenty-five (25) feet on center and other plantings to achieve
sixty (60) percent ground coverage within two (2) years of planting.
f. Variable setback. All developments shall have a variable height
limitation when abutting R-1 and R-2 zones.
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(1) The second floor and above shall be stepped back from
the rear propertv line as follows: establishing a height at six
(6) feet above =finished grade of the adjacent residential
property line, a twenty (20) degree incline plane is
projected that establishes the height limitation of the
commercial development.
(2) The second floor and above shall be stepped back from
the side property line as follows: buildings shall be a
maximum height of fifteen (15) feet, twenty (20) feet from
the side property line, with a forty (40) degree inclined
plane projected six feet high from property line to establish
the height limitation of the commercial development.
g. Encroachments
(1) No part of the structure, permanent attachment or other similar
architectural feature may extend into:
(a) Any required front, side or rear yard or minimum distance
between buildings.for more than two (2) feet.
(b) The public right-of-way without approval of an encroachment
permit.
(2) Hedges or any other, shrubs or landscaping shall not encroach
onto a curb or sidewalk or over a lot line.
2. Building Mass
a. The maximum floor area ratio (FAR) shall be as established by the
General Plan.
3. Height
a. The maximum height shall be 75 feet.
4. Screening ;
a. Rooftops should be designed in a way that acknowledges their
visibility from other buildings and the street. Equipment shall be
screened on all four (4) sides from both the street and neighboring
buildings using parapets or similar architectural features and from
the top where visible from an adjacent building of greater height.
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b. Service and loading zones where visibility from public streets and
views from neighboring buildings and properties shall be screened
by the use of decorative walls and/or dense landscaping that will
serve as both a visual and a noise barrier.
D. Architecture
1. Ground Floor Fagade
a. There shall be articulated fagades at the ground floor street
frontage, which may include such measures as indentation in
plane, change of materials in a complimentary manner, and
sensitive composition and juxtaposition of openings.
2. Design Differentiation between Floors
a. The area where the first flour meets the second floor shall clearly
define a change in materials. colors, and style between the first and
second floors.
3. Signs
a. A uniform sign program shall be approved by the Planning Division
for each commercial development.
b. Permitted sign types shall be limited to wall, window, awning and
monument signs.
c. Building mounted signs, including wall, window and awning, shall
not exceed a cumulative total of one (1) square foot of sign area
per one (1) lineal foot of building frontage of each business.
d. Pole signs shall be prohibited.
e. A monument sign shall be used only to identify multiple businesses
based on the following criteria:
(1) One-third (1/3) square foot of monument sign area per one
lineal foot of lot frontage with a maximum of fifty (50) square
feet.
(2) The entire sign structure shall be considered as sign area.
(3) The sign copy area shall not exceed sixty percent (60%) of the
background wall area.
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(4) All monument signs shall contain only the name of the
development and/or the names of the businesses.
(5) Monument signs shall not encroach into any required
landscaped setback area when abutting open areas or encroach
more than one-half the required landscaped setback area when
located in front of a building.
(6) Sign copy shall be back-lighted or indirectly lighted.
(7) The background wall of the monument sign shall not exceed six
feet in height.
(8) A maximum of two (2)-monument signs per development; and
(9) The monument sign'shall be setback a minimum of three (3)
feet from the property line at a location where the building is
setback a minimum of ten. (10) feet.
4. Roofline Variation
a. Flat roofs are preferred and shall be screened with parapets on all
sides of the building. If no roof top equipment exists or is proposed
the parapet shall be a minimum of three (3) feet in height.
b. Where architecturally appropriate, sloped roofs shall provide
articulation and variations to divide the massiveness of the roof.
Sloped roofs shall include eaves, which are a minimum of eighteen
(18) inches in width. Sloped roofs shall screen mechanical
equipment by providing a "roof-well", or by placing the equipment
within the roof structure.
5. Awnings
a. Awnings may encroach into the public right-of-way by extending
over the sidewalk or parkway with review and approval from the
City Engineer and Building Official.
b. Awnings, Arcades, and Galleries may encroach into the sidewalk
within two (2) feet of the curb but must clear the sidewalk vertically
by at least eight (8) feet.
c. Projections beyond the front or exterior side lot line of a corner lot
shall require the review and approval of the City Engineer and the
Building Official.
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6. Mechanical Equipment
a. Wall mounted equipment shall be flush with the exterior building
walls and painted to match the color of the exterior of the building
and screened from the,view of any public right-of-way. Window
mounted air conditioners or exterior mounted fans shall be
prohibited.
b. Ground and pad mounted mechanical or utility equipment and other
such similar equipment shall be screened from view from all public
rights-of-way and adjacent, properties by architectural building
features, fencing or landscaping.
17.46.060 General requirements.
A. Public Art Requirement
1. A freely accessible on-site public art work shall be integrated into each
project.
2. The following words or phrases shall have the following meanings when
used in this section:
a. Art or Art Work. Art, including but not limited to, sculpture, painting,
graphic arts, mosaics, 1photography, crafts, and environmental
works. Art or art work as defined herein may be permanent, fixed,
may be an integral part of a building, facility, or structure, and may
be integrated with the work of other design professionals.
b. Artist. An individual generally recognized by critics and peers as a
professional practitioner of the visual, performing, or literary arts, as
judged by the quality of that professional practitioner's body of
work, educational background, experience, public performances,
past public commissions, sale of works, exhibition record,
publications, and production of art work. The members of the
architectural, engineering, design, or landscaping firms retained for
the design and construction of a development project covered by
this section shall not be considered artists for the purposes of this
section. This definition applies only to the requirements of the
section.
c. Freely Accessible. The art work is accessible to and available for
use by the general public during normal hours of business
operation consistent with the operation and use of the premises.
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d. Public Art or Art Work. On-site art work produced by an artist, as
defined herein, or team of artists, that is freely accessible on private
property. '
3. The following are not considered public„art for the purposes of this section
a. Directional elements such as supergraphics, signage, or color
coding except where these elements are integral parts of the
original work of art or executed by artists in unique or limited
editions;
b. Objects which are massed produced of standard design such as
banners, signs, playground equipment, benches, statuary, street
barriers, sidewalk barriers, or fountains;
c. Reproduction, by mechanical or other means, of original works of
art;
d. Decorative, architectural, or functional elements which are
designed by the building architect or landscape architect as
opposed to an artist commissioned for this purpose;
e. Landscape architecture„ gardening, or materials, except where
these elements are designed by the artist and are an integral part
of the work of art by the artist; or
f. Landscaping required by the Rosemead Municipal Code as part of
the development entitlements.
4. Art plan documentation shall be submitted for approval by the City Council for
each development.
a. The City Council shall review the submitted documentation,
together with the recommendation of the Community Development
Director, and approve, approve with conditions, or deny the
proposed art work, and its proposed location, considering the
qualifications of the artist, the aesthetic quality and harmony of the
art work with the proposed development project, and the proposed
location of and public accessibility to the art work.
5. Additional requirements for public,art for on-site installation
a. Plaque. The public art shall be identified by a plaque that meets the
standards in use by the City at the time of installation of the public
art. The requirement of this paragraph may be waived if determined
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in a particular circumstance to be inconsistent with the intent of this
section.
b. Ownership and Maintenance of Art Work. All on-site public art work
shall remain the property ; of the property owner and his/her
successor(s) in the interest. The obligation to provide all
maintenance necessary to preserve the art work in good condition
shall remain with the property owner of the site. The developer and
subsequently, the property owner, shall maintain, or cause to be
maintained, in good condition the public art continuously after its
installation and shall perform necessary repairs and maintenance to
the satisfaction of the City. The maintenance obligations of the
property owner shall be contained in a covenant and recorded
against the property and shall run with the property.
Failure to maintain the. art work, as provided herein, is hereby
declared to be a public nuisance. The City also may pursue
additional remedies to obtain compliance with the provisions of this
requirement, as appropriate. .
In addition to all other remedies provided by law, in the event the
owner fails to maintain the art work, upon reasonable notice, the
City may perform all necessary repairs, maintenance or secure
insurance, and the costs, thereof shall become a lien against the
real property.
c. Location and Relocation of On-site Public Art. When and if the
development project is sold at any time in the future, the public art
must remain at the development at which it was created and may
not be claimed as the property of the seller or removed from the
development or its location approved by the City Council. In the
event that a property is to be demolished, the owner must relocate
the public art to another publicly accessible, permanent location
that is approved in advance by the City Council.
A property owner may, for good cause, petition the City Council to
replace or re-locate the public art to another publicly accessible
location on the development project site. Any removal, relocation,
or replacement of the public art must be consistent with the
California Preservation of Works of Art Act and the Federal Visual
Artists' Rights Act and any other applicable law.
If any approved art work placed on private property pursuant to this
section is removed without City approval, the certificate of
occupancy may be revoked.
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6. Declaration of covenants, conditions and restrictions.
a. The project shall have recorded against it a declaration of
covenants, conditions, and restrictions in favor of the City and in a
form approved by the City Attorney which shall include the following
provisions as appropriate:
(1) The developer shall : provide all necessary maintenance of the
art work, including preservation of the art work in good condition to
the reasonable satisfaction of the City and protection of the art work
against destruction, distortion, mutilation, or other modification.
(2) Any other reasonable terms necessary to implement the
provisions of this section.
B. Use of Green Construction Materials and Energy and Water Conservation
Features
1. The following types of green building practices are encouraged:
a. Developments that use materials composed of renewable, rather
than nonrenewable resources (green construction materials).
b. Developments that construct buildings that exceed minimum
statewide energy construction requirements beyond Title 24 energy
requirements. ,
c. Development that employ passive heating and cooling design
strategies to the maximum extent feasible. Strategies to be
considered include orientation; natural ventilation, high insulation
values, energy efficient windows including: high performance glass,
light-colored or high-alb edo (reflective) roofing and exterior walls,
window shading, and landscaping that provides shading during
appropriate seasons. ,
C. Automated Teller Machines (ATM's) and Walk-Up Bank Services.
1. The ATM shall be set back three faet into an alcove adjacent to the public
sidewalk to provide a privacy area.
2. Adequate lighting for the ATM shall be provided.
3. The ATM shall provide rear-view mirrors and cameras that can record activity
and have quality color video capabilities for surveillance purposes.
4. The ATM shall comply with ADA accessibility standards.
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5. A trash receptacle shall be immediately accessible to the ATM.
6. ATM's and walk-up bank services are subject to the approval of the Planning
Division.
7. When the ATM is removed, the structure's facade shall have a finished
appearance consistent with the -existing structure, and be subject to the
approval of the Planning Division..
D. Hotels
1. Hotel development shall be permitted with a conditional use permit.
a. Hotels may be developed up to maximum permitted FAR of 1.0:1
if the projects include higher design standards and amenities
identified in Table 1-3. If a hotel project does not provide the
amenities described in Table 1-3, a maximum FAR of 0.35:1 shall
be allowed.
b. To obtain higher FAR standard (maximum permitted 1.0:1 FAR),
projects must provide all of the amenities listed under the
Required Hotel Amenities column and a minimum of two
amenities listed under the Additional Hotel Amenities column.
Table 1-3
Hotel Amenities Related to FAR
Required Hotel
Additional Hotel
Amenities
` Amenities
Ball room
Concierge
• Business
desk
center
Convenience
services
store/ snack
Meeting
shop
rooms
Daycare
Restaurant,
services
bar, and
Day spa
lounge
Fitness
center
Florist and
gift shop
Laundry
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service
Pavilion
lounge
• Pool or
spa/jacuzzi
• Valet parking
E. Special Activities
1. The sale of any goods on a sidewalk or alley adjacent to a commercial
development shall be prohibited.
2. Temporary Banners
a. A banner permit is required for the use of temporary banners.
b. The use of temporary banners shall be limited to two (2) events per
year. The use of a temporary banner at each event shall be for a
maximum of thirty (30) days. If a temporary banner is used for
more than thirty (30) days, the prohibited days will be accounted to
the next event.
c. There shall be a maximum of two (2) temporary banners per event.
d. The maximum size of a temporary banner shall be three (3) feet by
ten (10) feet.
3. Traditional non-commercial holiday decorations that do not contain
advertising shall be permitted.
4. The display of no more than three of any of the following flags shall be
permitted at the same time at any single location on a commercial
development:
a. The flag of the United States;
b. The flag of the State of California or its political subdivisions.
5. Prohibited Advertising and Display
a. The following advertising and displays shall be prohibited:
(1) Outdoor advertising, displays and/or sales of merchandise or
promotional materials in a location outside of a building;
(2) Inflatable advertising displays;
(3) Roof-mounted displays of flags, pennants or pennant-type
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banners balloons, inflatable devices, or similar displays; and
(4) Flags, banners or balloons displayed in a landscape area or on
a fence.
F. Used Goods
1. Used goods, furniture, appliances, equipment and machinery may not be
displayed or sold unless such goods have been taken in trade on new sales
made at the same location.
2. All sales of used goods, furniture, appliances, equipment and machinery
shall be incidental to the permitted uses of the overlay zone and shall be a
minor part of the business conducted on the premises.
G. Outside Display and Storage
1. All display of merchandise for sale on the premises shall be wholly within an
enclosed building except for the following:
a. Christmas trees and wreaths;.
2. Outside storage (not for display purposes) is permitted on the rear area of a
lot or parcel of land. On corner lots or where site coverage or topography
make rear yard storage impossible or impose a severe hardship upon the
owner or occupant of the parcel, storage may be permitted, subject to the
approval of the Community Development Director, in a side yard or open
yard adjacent to a corner.
Any outdoor area used for storage shall be completely enclosed by a solid
masonry wall and solid gate not less than six feet in height. The Community
Development Director may approve the substitution of a fence or decorative
wall where such fence or wall provides adequate visual clearance, is
structurally adequate, and equivalent in decorative appearance. In no event
shall the height of such storage exceed the height of the wall or fence
enclosing the storage area.
H. Visible Street Address
1. The street address of a development shall be clearly visible from the street
to which the building is addressed.
Section 7. If any section, subsection, sentence,. clause or word of this
ordinance is for any reason held to be,invalid by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Rosemead HEREBY DECLARES that
it would have passed and adopted Ordinance No. 890 and each and all
provisions thereof, irrespective of the fact that any one or more of said provisions
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may be declared to be invalid.
Section 8. EFFECTIVE DATE.i This ordinance shall take effect thirty (30)
days after its adoption.
Section 9. ADOPTION. The City Clerk shall certify to the adoption of
this ordinance and shall publish a summary of this ordinance and post a certified
copy of the full ordinance in the office of the City Clerk at least five days prior to
the adoption and within 15 days after adoption of the ordinance, the City Clerk
shall publish a summary of the ordinance with the names of the council members
voting for and against the ordinance. This ordinance shall take effect thirty days
after the date of its adoption.
Section 10. The City Clerk shall certify to the adoption of this Ordinance.
PASSED AND APPROVED, this day of , 2010.
GARY TAYLOR, Mayor
ATTEST:
GLORIA MOLLEDA, City Clerk`
Joseph M. Montes, City Attorney
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