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CC - Item 8C - Ordinance 889 - 2nd Reading Approving Code Amendment 10-02, Adding the RCMUDO - Residential/ Commercial Mixed-Used Development OverlayROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER[ DATE: MAY 11, 2010 SUBJECT: ORDINANCE 889 - SECOND READING: APPROVING MUNICIPAL CODE AMENDMENT 10-02, ADDING THE RCMUDO "RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT OVERLAY" ZONE AND CHAPTER 17.74 TO THE CITY'S MUNICIPAL CODE TO ESTABLISH STANDARDS FOR THAT ZONE SUMMARY On April 27, 2010, the City Council introduced Ordinance No. 889, which approved Municipal Code amendment 10-02, adding the RCMUD "Residential/Commercial Mixed- Used Development Overlay" zone and Chapter 17.74 to the City's Municipal Code to establish standards for that zone. Ordinance No. 889 is now before Council at the required -second reading for adoption. Staff Recommendation Staff requests that City Council ADOPT Ordinance No. 889 at its second reading. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by:' aa, GLORIA MOLLEDA CITY CLERK Attachment A -Ordinance No. 889 APPROVED FOR CITY COUNCIL AGENDA: ITEM NUMBER: n ORDINANCE NO. 889 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MUNICIPAL CODE AMENDMENT 10- 02, ADDING THE RCMUDO "RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT OVERLAY" ZONE AND~6HAPTER 17.74 TO THE CITY'S MUNICIPAL CODE TO ESTABLISH STANDARDS FOR THAT ZONE. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The following findings are adopted in support of the addition of Chapter 17.74 "Residential/Commercial Mixed-Use Development Overlay (RCMUDO)" zone to the Rosemead Municipal Code and amendments to the mixed-use design guidelines by the City of Rosemead to regulate residential/commercial mixed-use development. A. The City Council of the City of Rosemead recently adopted an amendment to the Land Use Element,of the General Plan, which established two new mixed-use land use designations. B. The current Zoning Code does not provide adequate provisions to regulate such developments, and approval of such projects could have substantial adverse health and safety impacts on the community if they are not regulated with specific development standards. C. The City approved Mixed-Use Design Guidelines by order of the Council on September 25, 2007, and wishes to amend those existing design guidelines and formally adopt mixed-use development standards to ensure careful regulation and well- designed mixed-use projects through effective land use planning. D. The proposed municipal code amendment includes guidelines that ensure and maintain internal consistency with all of the objectives, policies, general land uses, programs, and actions of all elements of the General Plan. The amendment does not conflict with current General Plan policies, objectives or programs. E. The proposed amend ments.Would not be detrimental to the public convenience, health, safety, or general welfare of the City. F. The proposed amendment and guidelines will not have significant adverse effects on the environment. 1 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 General Plan Amendment 09-01. The Addendum EIR is based on the 2008 Program EIR in accordance with CEQA Guidelines Section 15164. Municipal Code Amendment 10-02 is consistent with the Program EIR and Addendum, and pursuant to Public Resources Code 21083.3 and CEQA Guidelines sections 15162, 15168, and 15183 is exempt from the requirement that additional environmental documentation be prepared. The City Council, having final approval authority over this project, has reviewed and considered all comments received during the public review period prior to the approval of this project. Section 3. The City Council .HEREBY FINDS AND DETERMINES that Municipal Code Amendment 10-02 is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed municipal code amendment, in that the change to the Rosemead Municipal Code and Mixed-Use Design Guidelines will provide a superior level of planning and protection to the quality and character of the City. Section 4. The City Council FURTHER FINDS AND DETERMINES that Municipal Code Amendment 10-02 is consistent with the Rosemead General Plan as follows: 1. A. Land Use: Municipal Code Amendment 10-02 consists of requiring approval of a Design Review, (DR) entitlement application for any residential/commercial mixed-use projects within the Residential/Commercial Mixed-Use Development Overlay zone. The code amendment will provide provisions for a wide range of permitted uses, as well as standards to regulate the public realm and streetscape, site.,design and circulation, building form, land use, and architecture. Measures have also been added to address potential sensitive elements of mixed-use development, such as businesses with late hours of operation, restaurant establishments with outdoor seating, automated teller machines, and convenience markets. The propose code amendment will achieve the goal of providing an overall urban design framework to ensure that the quality, appearance and effects of buildings, improvements and uses are 2 compatible with the City design criteria and goals. The provisions will also ensure quality residential/commercial mixed-use development that maintains value through buildings with architectural qualities that create attractive street scenes and enhance the public realm. B. Circulation: Municipal Code Amendment 10-02 proposes detailed site access and circulation criteria, as well as parking requirements. Potential impacts to traffic and transportation depend on the extent of a proposed project and local conditions. Each new proposed residential/commercial mixed-use project will be required to provide efficient vehicular access to the site. Furthermore, new development will be required to satisfy the parking requirements outlined in the municipal code. C. Housing: The proposed municipal code amendment will not induce substantial new population growth nor displace existing housing units or people. The municipal code amendment is not proposing a higher density than what is already established in the City's General Plan. Furthermore, the municipal code amendment will not alter the current allowable maximum Floor Area Ratio (FAR) in the Residential/Commercial Mixed-Use Development Overlay zone. Therefore, the amount of living area on a lot will continue to be regulated by the existing standards. D. Resource Management: Municipal Code Amendment 10-02 establishes provisions which require a variety of open space, including private, recreation areas and public open space, and parks. The standards also encourage the use of green construction materials, and energy and water efficient conservation features. Any proposed development resulting from this municipal code amendment would be located in a developed urban area, and as such, will not result in any impact upon natural resources. E. Noise: Municipal Code Amendment 10-02 establishes regulations for noise abatement. It sets strict standards that prohibit loudspeakers, bells, gongs, buzzers that exceed 60 decibels between the hours of 7:00 a.m. and 10:00 p.m. or 45 decibels between the hours of 10:00 p.m. and 7:00 a.m. at any one time beyond the boundaries of the property. The development standards will also require residential units to be designed to limit the interior noise caused by the commercial and parking elements of a mixed-use development, as well as regulate the placement of mechanical equipment to prevent noise disturbance. Lastly, all new developments will be required to comply with the City's Noise Ordinance. G. Public Safety: Impacts to law or fire enforcement, parks, and public facilities are area or community specific. The proposed municipal 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 3 flood hazard designations. Section 5. CODE AMENDMENT Section 17.08.010 is hereby amended to include the following established zone: RCMUDO Residential/Commercial Mixed- Use Development Overlay. Section 6. CODE AMENDMENT. Chapter 17.74 "Residential/Commercial Mixed-Use Development Overlay" is hereby added to the Rosemead Municipal Code to read as follows: Chapter 17.74 Sections: 17.74.010 17.74.020 17.74.030 17.74.040 17.74.050 17.74.060 RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT OVERLAY ZONE Purpose and intent. . Applicability. Approval procedure. Permitted uses.:. Development standards. General requirements., 17.74.010 Purpose and Intent. A. Purpose. The purpose of the Residential/Commercial Mixed-Use Development Overlay Zone (RCMUDO) is to provide opportunities for well- designed development projects that combine residential with non-residential uses, including office, retail, business services, personal services, public spaces and uses, and other community amenities designated with the mixed- use land use designations in the City of Rosemead General Plan, and consistent with the policy direction.in the General Plan. B. Intent. The intent of this overlay zone is to accomplish the following objectives: 1. Create a viable, walkable urban environment that encourages pedestrian activity and reduces dependence on the automobile, through a streetscape that is connected, attractive, safe and engaging. 2. Provide complementary residential and commercial uses within walking distance of each other. 3. Develop an overall urban design framework to ensure that the 4 quality, appearance and effects of buildings, improvements and uses are compatible with the City design criteria and goals. 4. Create quality residential/commercial mixed-use development that maintains value through buildings with architectural qualities that create attractive street scenes and enhance the public realm. 5. Provide a variety of open space, including private, recreation areas and public open space and parks. 6. Revitalize commercial corridors with residential/commercial mixed- use developments that a_t'tract and encourage market-driven private investment. 7. Encourage parking solutions that are incentives for creative planning and sustainable neighborhood design. 17.74.020 Applicability. A. The RCMUDO is an overlay zone, which may be applied to existing zoning districts as designated in the General Plan. B. Land classified in a RCMUDO overlay zone shall also be classified in another zone. When such a district is established, the Residential/Commercial Mixed- Use Development Overlay Zone shall be shown as an overlay to the underlying districts by the designation of RCMUDO on the zoning map. A RCMUDO may overlay several base districts, however, the uses permitted in each base district are limited to the,boundaries of that base district, except as otherwise provided herein. The RCMUDO Zone district shall provide the option of developing under the base zone district or developing a residential/commercial mixed-use development under the overlay zone. C. Residential/commercial mixed-use, development shall be a development that combines and integrates residential uses with commercial, institutional, and office uses utilizing a strong pedestrian orientation. The mix of uses may be combined in a vertical residential/commercial mixed-use building or combined in separate buildings located on one property and/or under unified control. The mix of uses percentage shall be as designated in the General Plan. 17.74.030 Approval procedure. A. General Requirements. 1. A precise plan of design for , a residential/commercial mixed-use development shall be submitted and approved in accordance with the requirements of Section 17.72.060, with the exception that the City Council 5 shall approve or disapprove such project upon receiving a recommendation from the Planning Commission. 2. The precise plan of design must comply with the provisions of this chapter and the Mixed Use Design Guidelines. 3. Only one (1) application for a precise plan of design shall be required for a residential/commercial mixed-use development in the D Design Overlay Zone. 17.74.040 Permitted uses. A. The following uses are permitted in a residential/commercial mixed-use development: Retail stores and businesses, provided there is no manufacturing, processing or.treatment of products other than what is clearly incidental to the retail business conducted on the premises, and not more than twenty (20) percent of the floor area of the building shall be used in the manufacturing, processing or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust smoke, vibration or other similar causes; Art studios; ATM facilities subject to the requirements of Section 17.74.050(A); Bakery products shops; Banks, savings and loan associations, and financial institutions, excluding check cashing or other pay day,l.oan services; Barber shops, beauty shops and manicure parlors; Book stores; Clothing and shoe stores; Confectionery retail shops; Department and variety stores; Drug stores and pharmacies; Dry cleaning stores, drop-off and pick-up only; Electric appliance stores and repairs; Employment agencies; Fabric and yardage stores; Florist shops; Food stores, bakery shops, delicatessens and markets; Furniture stores, limited to new furniture, except that used furniture taken in trade may be sold provided used furniture sales do not exceed twenty- five (25) percent of the gross floor area or twenty-five (25) percent of total retail floor area, whichever is less; . Grocery, fruit and vegetable stones;; Hardware stores; Health centers, and similar personal service establishments, with massage as an incidental use and occupying no more than twenty-five percent (25%) of the floor area; 6 Hobby shops; Interior decorating shops; Jewelry stores; Music stores; Paint stores; Pet supply stores; Photo-copy, printing or desktop facilities Photographic studio, supply shop, or film pick-up and drop-off point; Radio and television stores and repair; Restaurants, take-out and other eating establishments; Retail sales of automotive parts without installation and no outside storage; Self-service laundries subject to the requirements of Section 17.74.050(E); Shoe stores or shoe repair shops; Tailor, clothing or wearing apparel shops; and Travel agencies. B. The following professional and business office uses are permitted in a residential/commercial mixed-use development: Accountant; Acupuncturist and acupressure, without massage or retail sales; Advertising agency; - Architect; Attorney; Auditor; Bookkeeping service; Business consultant; Chiropodist; Chiropractor; Dental office; Engineer; Governmental buildings and offices; Insurance agency; Optician; Optometrist; Ophthalmologist; Osteopath; Physician; Psychiatrist; Real estate broker; Secretarial service; X-ray technician; and Similar professional business uses may be permitted subject to the approval of the Planning Division. C. Notwithstanding the provisions of Section 17.112.020, the following uses shall 7 A be the only uses for which a Conditional Uses Permit may be applied for and granted in a residential/commercial mixed-use development; Antique stores; Any commercial use that operates after midnight; Any eating establishment with outdoor seating; Any establishment having an off-sale license for alcoholic beverages; Any establishment having an on-sale license for alcoholic beverages; Arcades; Conservatories of music; Convenience markets subject to the requirements of Section 17.74.050(B); Libraries and museums; and Music and vocal instructions; D. Except as provided in sections 17.74.040(A), 17.74.040(B) and 17.74.040(C), all commercial uses and nonresidential uses are strictly prohibited in residential/commercial mixed-use developments. E. Residential units shall be permitted in a residential/commercial mixed-use development per the following: 1. Densities shall be consistent with the General Plan. F. Location of Uses 1. Retail/Commercial Uses shall be permitted on the ground floor or second floor in a residential/commercial mixed-use development. 2. Retail/Commercial Uses shall not be permitted above any professional and business office uses or residential uses. 3. Professional and business office uses shall be permitted above the commercial component of a street frontage building, behind the commercial component on the first floor or,on second-floor or above with same use street frontage but below any residential uses in a residential/commercial mixed-use development. 4. Residential uses shall be located either above the commercial and/or office components of a street frontage building or located behind the commercial or office component on any floor where there is a distinct separation of uses and access, provided pedestrian connections are furnished as part of a unified development theme. s .S 17.74.050 Development standards. A. Public Realm and Streetscape 1. Public Sidewalks a. The following shall apply to public sidewalks: (1) The minimum building setback shall be twelve (12) feet as measured from the curb face, and shall be in the form of both existing right-of-way and a recorded pedestrian access and utility easement; (2) The minimum building setback area shall include a minimum seven (7)-foot wide detached sidewalk (clear zone) and a minimum five (5)-foot wide parkway (amenity zone) adjacent to all streets. The amenity zone shall be located between the curb face and the clear zone. The clear zone shall be located between the building and the amenity zone; (3) The sidewalk in the clear zone shall be constructed of concrete, comply with ADA accessibility standards and be subject to the review of the City Engineer; (4) The clear zone shall be unobstructed by any permanent or nonpermanent element for a minimum width of seven (7) feet and a minimum height of eight (8) feet; and (5) The amenity zone shall include street trees, landscaping, public signs, public art, street lighting, street furniture, and other pedestrian-oriented amenities, as appropriate. 2. Street Trees a. All species of mature oak trees shall be preserved or otherwise dealt with in accordance with RMC Section 17.100.120. b. The removal of other mature trees shall be subject to the review and approval of the Urban Forester. c. Mature street trees that are approved for removal by the Urban Forester shall be replaced with a minimum of three (3) new mature box trees that have at least a twenty-four (24) inch box and are the same species of the replaced mature street trees or a species approved by the Urban Forester. The City reserves the right to increase the number of trees if it deems necessary in order to g. compensate for mature tree loss. d. The amenity zone shall be planted with street trees at an average spacing not greater than thirty (30) feet on center. 3. Transit Stops a. Transit stops shall be designed as integral elements of a residential/commercial mixed-use development by collocating them with pedestrian oriented amenities, such as pocket parks, courtyards, plazas, etc. whenever possible. b. When an existing transit stop is located on a sidewalk adjacent to the location of a development, a shelter for transit patrons shall be constructed that: (1) Incorporates architectural features of the development and is compatible with the development; and (2) Includes a shelter, bench and lighting. 4. Corner Lot a. On intersection corners,.where both streets have four (4) lanes: (1) Building arch itecture.on intersection corners, where both streets have four (4) lanes or,more, shall receive special treatment to enhance the pedestrian experience, and create visual interest and focal points at the entryways, such as but not limited to, building cut-offs and corner entrances with additional architectural detail, decorative landscaping, ;hardscape, planters, canopy, overhang or other architectural covering over the building entry; and (2) Buildings shall have a five (5)-foot angled corner setback measured from both intersecting property lines. a. On intersection corners, regardless of the number of lanes on each street: (1) Retail and office uses within buildings facing two (2) or more streets shall have at least one (1) customer entrance facing the primary street and one. (1) customer entrance facing the second street or instead of two (2) entrances, a corner entrance; and (2) Buildings on corner lots shall address both streets with an equal level of architectural detail. 10 A 5. Outdoor Seating a. No permanent seats or structures shall be placed in the public right- of-way without the review and approval of the City Engineer. b. Outdoor seating furniture: shall not be located within the clear zone without prior review and approval of the City Engineer. c. Outdoor seating furniture shall be a minimum of ten (10) feet from the nearest transit stop. d. Any outdoor dining area may be separated from the sidewalk only with planters, shrubs, or fencing with a maximum height of forty-two (42) inches. 6. Undergrounding of Utilities a. Utility lines to a development from the building to the property line, including but not limited to electric, communications, street lighting and cable television shall be placed underground. b. Utility lines within the right-of way shall be placed underground to the maximum extent practicable. The requirements of this section may be waived by the City Council upon recommendation from the City Engineer if it is determined that topographical, soil or any other conditions make such underground installations unreasonable or impractical. B. Site Design and Circulation 1. Lot Size a. The minimum lot size for a residential/commercial mixed-use development shall be thirty thousand (30,000) square feet. 2. On-site Tree Preservation e. All species of mature oak trees shall be preserved or otherwise dealt with in accordance with RMC Section 17.100.120. a. The removal of other mature trees shall be subject to the review and approval of the City Council. 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 11 (24) inch box and are the same species of the replaced mature trees. 3. Bicycle Parking a. Bicycle parking spaces shall be equal to ten (10) percent of required off-street parking, with a minimum eight (8) bicycle parking spaces per residential/commercial mixed-use development. b. Bicycle parking facilities shall be: (1) Securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist theft; (2) Separated by a physical barrier to protect the bicycle from damage by motor vehicles if located within a vehicle parking area; and (3) Motor vehicle entrances shall display adequate signs to indicate the availability and location of the bicycle parking facilities. 4. Access and Location of Off-Street Parking a. At-grade parking shall not be located between any building and the street frontage. b. Vehicular access to comer lot developments shall be from an alley or from a side street. c. Access to parking on interior lots shall have only one (1) vehicular access, which shall not be from the street if the lot abuts an alley. A second vehicular access may be allowed for lots that have a street frontage of three-hundred fifty (350) feet or more and do not abut an alley. Developments on those lots may have additional driveways that are not closer than three-hundred (300) feet apart. 5. Parking Requirements a. Residential: (1) Two (2) parking spaces shall be provided for every dwelling unit; (2) One (1) guest parking space shall be provided for each two (2) dwelling units in a multiple-family dwelling project; (3) Residential parking shall be separate from commercial parking 12 i; and accessed through a.'secure gated entrance; and (4) A reduction in the number of residential parking spaces may be approved upon the determination by the City Council that a parking demand analysis prepared by a competent traffic and transportation engineer demonstrates, that the required number of spaces exceeds actual expected demand. b. Commercial (1) The parking requirements shall be provided in accordance with Chapter 17.84; and (2) Commercial parking shall be separate from residential parking by a secure gated entrance to the residential areas. 6. Separation of Access to Residentii l and Commercial a. Access to floors with residential units shall be secure and through a locking gate or entry way. 7. Trash and Loading Areas a. Trash and refuse collection, and recycling areas shall be provided in accordance with RMC Section 17.12.240. b. All trash enclosures shall be fully enclosed with self-closing and self-latching doors, and each enclosure shall accommodate both trash and recyclable bins. c. Trash enclosures shall be an integral part of the building design whenever possible. d. Trash enclosures shall be of the same architectural style as the development. e. Trash chutes are encouraged. However, chute access must be screened from public view, be fully contained within a "chute closet" that is accessible by a self latching door, and have a safety hatch that is necessary to pull in order to dispose of trash. f. Loading areas shall be clearly designated g. Loading areas shall be screened from public view to avoid negative noise, visual, and illumination impacts on the residential portion of the development and may be accomplished by the construction of 13 six (6) foot high perimeter walls that are architecturally compatible with the primary structures and on-site landscaping. h. All screening walls shall be landscaped using vines, hedges, or other plant material necessary to provide a minimum fifty percent (50%) coverage. i. Trash pick-up and loading activities are permitted only during the hours of 7a.m. to 7p.m. 8. Ground-floor Access a. Commercial uses that have street frontage shall be accessible to the public through the street front entrance during all hours the business is open. b. Residents of a development shall have a separate and secure street access to the residential units. c. Pedestrian walkways or sidewalks shall connect all primary building entrances to one another. Pedestrian walkways shall also connect all on-site common areas, parking areas, storage areas, open space, and recreational facilities. 9. Open Space and Recreation a. Usable Common Open Space (1) Each residential/commercial mixed-use development shall have at least one-hundred fifty (150) square feet of usable common open space per dwelling unit. (2) All usable common open space shall be conveniently located and readily accessible from all residential units in a residential/commercial mixed-use development. (3) Each usable common open space shall have no side with a dimension of less than ten (10) feet and may incorporate any areas of the site except where it is within five (5) feet of public rights-of- way, private streets and alleys, and shall not include or incorporate any driveways or parking areas, trash pickup or storage areas, utility areas, or on any roof top where mechanical equipment is located. (4) Forty-five percent (45%) of the required usable common open space shall provide active recreation facilities such as recreational 14 [r buildings, sports courts and swimming pools, children's play areas, and barbeque and picnic areas. The remainder of the required usable common open space shall be landscaped, accessible and available to all of the residents of the residential/commercial mixed- use development for outdoor activities. (5) There shall be a minimum distance of fifteen (15) feet measured horizontally between any swimming pool and the nearest point of any balcony, porch, second story patio, sun deck, or other architectural feature of a building or structure with windows, doors, or other openings of sufficient size to permit the passage of persons. (6) Courtyards internal to a project, or enclosed on at least three (3) sides, shall have a minimum width of forty (40) feet, and shall be landscaped with a ratio of hardscape to planting not exceeding a ratio of one (1) square foot of landscape to one (1) square foot of hardscape. Pools and spas shall be excluded from this ratio. (7) All required usable common open space shall be developed and professionally maintained in accordance with approved landscape and irrigation plans. b. Usable Private Open Space (1) Each dwelling unit shall also have a private patio or balcony for usable private open space that is not less than sixty (60) square feet in area, and shall have an average depth of not less than five (5) feet. No portion of any private patio or balcony shall be used for the permanent storage 'of rubbish, junk, clotheslines, or garbage receptacles. "Permanent storage," as used in this subsection, means the presence for a period of forty-eight (48) or more consecutive hours on a patio or balcony. 10. Landscaping a. A landscape and irrigation plan shall be prepared by a professional landscape architect and shall be submitted and approved by the Planning Division along with the application for a precise plan of design. All usable open space, such as pedestrian walkways, separations between buildings, yard areas, and common recreation areas shall be landscaped and provided with permanent, moisture sensing devices, control timer, and underground irrigation systems. Said landscaping shall., be developed in accordance with the submitted and approved; landscaping plan and shall include a plan 15 P for continued maintenance. The landscape plan shall satisfy the following requirements: (1) The landscaping plan shall consist of a combination of trees, shrubs and groundcovers with careful consideration given to size at maturity. The minimum, planting material size standards for identified landscaped or open areas are: (a) Specimen size tree materials (thirty (30) inch box) shall be provided for the ultimate coverage of no less than ten percent of the area to be devoted to landscaping, or ten trees, whichever is greater. (b) Tree material (fifteen (15) gallon) shall be provided for the ultimate coverage of fifteen percent (15%) of the area devoted to landscaping or twenty (20) trees, whichever is greater. (c) All shrubs shall be a minimum of five (5) gallons in size and shall be used to enhance all entrances, walkways, building walls, and separation walls in a manner which compliments the entire project. (2) The landscape and irrigation plan shall make use of moisture sensors and controlled timing devices in regard to landscape irrigation concept for one hundred (100) percent watering to all planted areas. (a) Landscape design must incorporate energy and water conservation measures, and comply with RMC Chapter 13.08 Water Efficient Landscaping where applicable. (b) Non-deciduous trees shall be planted in un-covered surface parking lots at a minimum of one (1) tree per ten (10) spaces or to provide a fifty (50) percent shade canopy coverage within a minimum of ten (10) years after planting. All trees within the parking area shall be a minimum of twenty-four inch (24") box size at planting. However, larger trees (e.g. 36-inch box, and 48-inch box) may be required by the City Council. Each tree shall have a deep root watering system and a root barrier. (c) The developer and subsequent owners shall be responsible for maintaining the landscaping as shown on the approved plan. Maintenance shall include regular irrigation, weeding, fertilizing, and pruning and replacement of dead 16 :t materials. 11. On-site Facilities a. A laundry area shall be provided in each unit, or a common laundry area shall be provided. Such facilities shall consist of not less than one (1) automatic washer and dryer for each five (5) units or fraction thereof. b. A single area of private and secure storage space shall be provided for each dwelling unit. Such storage may be co-located with a utility closet so long as the required storage space remains clear of mechanical equipment and appurtenances, be located outside of the unit accessible from a common hallway or balcony/patio, or in the garage, provided it does not interfere with automobile parking. 12. Lighting a. A photometric survey (lighting plan) shall be approved by the City Council for each mixed-use development. b. All residential/commercial mixed-use developments shall have exterior lighting that provides adequate visibility at entrances, public sidewalks and open areas with a safe level of illumination at night. c. Exterior lighting shall be of low intensity and shielded so that light will not spill out onto surrounding properties or project above the horizontal plane. d. Lighting shall not blink, flash, oscillate or be of unusually high intensity of brightness. Exposed neon or unshielded or uncovered lighting shall be prohibited. e. Lighting for commercial uses shall be appropriately shielded to not negatively impact the on-site residential units. f. All lighting shall be integrated with landscaping wherever possible. 13. Walls and Fences a. A six-foot high masonry wall shall be constructed along the property line of any lot where construction of any residential/commercial mixed-use development is adjacent to property zoned and or used for residential purposes.- Said wall shall be limited in height to forty- two (42) inches where it abuts the required front yard setback on the adjacent property zoned or used for residential purposes. 17 I~ b. Walls shall have a decorative texture that matches the walls of the development. Vines shall be planted six (6) feet apart along all masonry walls to soften a wall's appearance. c. Chain-link, wood fences, barbed wire, razor-wire, and spikes shall be prohibited. C. Building Form 1. Setbacks a. Interior Lot Lines (1) The minimum setback area from an interior side lot line may be zero (0) but shall be a minimum of ten (10) feet if more than zero (0) b. Side Street (1) No minimum setback is required except where rear of lot abuts side of residential uses, school or park, in which case a setback of twenty (20) feet shall be maintained within twenty-five (25) feet of the established common property line. This required setback area may be used to meet the landscaping requirements, or for required open space, so long as all other provisions in this code are satisfied. c. Rear (1) If the site abuts residential uses, school or park a minimum ten (10) feet set back is required. (2) If the site abuts non-residential uses, the minimum setback from the rear lot line may be zero (0) but shall be a minimum of ten (10) feet if more than zero (0). (3) If the site abuts an al!ey, the minimum setback from the property line shall be ten (10) feet, provided the setback does not contain an egress or ingress access way to or from a covered parking structure. If an egress cr 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. 18 d4~ d. Front (1) The front setback on an arterial street may be zero (0) with a maximum setback of three (3) feet. In any case where the public sidewalk setback results in a greater setback, the sidewalk setback shall prevail. The setback area for the ground floor may be expanded beyond three (3) feet up to an additional ten (10) feet to provide enhanced building entrances, outdoor dining areas, courtyards, pedestrian arcades, and/or landscaping, etc. e. Any area of a surface parking lot that abuts a public street shall be set back from the sidewalk a minimum of ten (10) feet and screened by landscaping and a decorative three (3) foot high masonry wall. Landscaping shall include trees planted a maximum of twenty-five (25) feet on center and other plantings to achieve sixty (60) percent ground coverage within two (2) years of planting. f. Variable setback (1) All residential/commercial mixed-use developments shall have a variable height limitation:when abutting R-1 and R-2 zones. (a) The second floor and above shall be stepped back from the rear property line as follows: establishing a height at six (6) feet above finished grade of the adjacent residential property line, a twenty (20) degree incline plane is projected that establishes the height limitation of the residential/commercial mixed-use development. (b) The second floor and above shall be stepped back from the side property line as follows: buildings shall be a maximum height of fifteen (15) feet, twenty (20) feet from the side property line, with a forty (40) degree inclined plane projected six feet high from property line to establish the height limitation of the residential/commercial mixed-use development. g. Encroachments (1) No part of the structure, permanent attachment or other similar architectural feature: (a) May extend into a required front, side or rear yard or minimum distance between buildings for more than two (2) feet; and 19 (b) May extend into the public right-of-way without approval of an encroachment permit. (2) Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or over a lot line. 2. Building Mass a. The maximum floor area ratio (FAR) and the number of dwelling units per acre for ' any residential/commercial mixed-use development shall be as established by the General Plan as outlined below. 41 b. Mixed-Use: Residential/Commercial shall be developed with 25-30 dwelling units per acre and a maximum 1.6:1 FAR. The project shall consist of a 67% residential and 33% commercial land use mix. Minor deviations from the land use percentage mix may be approved by the City Council. c. Mixed-Use: High Density Residential/Commercial shall be developed with 40-60 dwelling units per acre and a maximum 2.0:1 FAR. The project shall consist of a 75% residential and 25% commercial land use mix. Minor deviations from the land use percentage mix may be approved by the City Council. 3. Height a. The maximum height `of a residential/commercial mixed-use development shall be consistent with the land use element of the General Plan as outlined below: b. Mixed-Use: Residential/Commercial (25-30 du/ac; 3 stories) shall have a maximum height of 45 feet. c. Mixed-Use: High Density Residential/Commercial (40-60 du/ac; 4 stories) shall have a maximum height of 55 feet. 4. Screening a. Rooftops should be designed in a way that acknowledges their visibility from other buildings and the street. Equipment shall be screened on all four (4) sides from both the street and neighboring buildings using parapets or similar architectural features and from the top where visible from an adjacent building of greater height. b. Service and loading zones where visibility from public streets and 20 views from neighboring buildings and properties shall be screened by the use of decorative walls and/or dense landscaping that will serve as both a visual and a noise barrier. D. Land Use 1. Ground Floor Uses a. The ground floor uses on the street frontage shall be retail/commercial. b. Outdoor seating may be allowed on private property with a conditional use permit. c. When alcoholic beverages are permitted in outdoor seating areas that are immediately adjacent to a public pedestrian way, the landscape separation physical design and plant material should compliment the design of the building and prevent passing or carrying alcoholic beverages outside the restaurant seating area and a sign shall be posted. 2. Vertical Compatibility of Uses a. Commercial uses shali be designed and operated such that neighboring residents or residential units on the floors above are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries or late night activity. b. A conditional use permit shall be required for commercial uses that operate after midnight. c. No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments at the property lines of the site or within the interior of residential units on the site. 3. Noise Abatement a. Loudspeakers, bells, gongs, buzzers, or other noise attention or attracting devices that exceed 60 decibels between the hours of 7:00 a.m. and 10:00 p.m. or 45 decibels between the hours of 10:00 p.m. and 7:00 a.m. at any one time beyond the boundaries of the property or within office or residential uses on the floors above shall not be permitted. b. All windows in residential units in a residential/commercial mixed- 21 Y' use development shall be double-paned. 4 c. Mechanical equipment shall'be set back a minimum of four (4) feet from any residential property line and shall be insulated to prevent any noise disturbance. d. Residential portions of the project shall be designed to limit the interior noise caused by the commercial and parking elements of the development. Proper design may include, but shall not be limited to, building orientation, double or extra-strength windows, wall and ceiling insulation, and orientation and insulation of vents. E. Architecture 1. Ground Floor Fagade a. There shall be articulated facades at the ground floor street frontage, which may include such measures as indentation in plane, change of materials in a complimentary manner, and sensitive composition and juxtaposition of openings. b. A building shall have no more than twenty (20) feet of continuous linear street-level frontage that is without windows or entrances or other architectural detail. c. A minimum of fifty (50) percent of the ground floor fagade facing any arterial street to a. height of eight (8) feet shall be visually transparent into the building or provide a minimum depth of three (3) feet for window merchandise display. 2. Window Placement a. Windows of residential units in residential/commercial mixed-use developments shall not directly face windows of other residential units within the residential/commercial mixed-use development and windows of residential units on lots that abut the residential/commercial mixed-use development in order to maximize privacy. 3. Design Differentiation Between Floors a. The area where the first floor meets the second floor shall clearly define a change in materials, colors, and style between the first and second floors. 22 4. Signs a. A uniform sign program "shall be approved by the Planning Division for each residential/commercial mixed-use development. b. Permitted sign types shall be limited to wall, window, awning and monument signs and shall not be located above the first floor. c. Building mounted signs, including wall, window and awning, shall not exceed a cumulative total of one (1) square foot of sign area per one (1) lineal foot of building frontage of each business. d. Pole signs shall be prohibited. e. A monument sign shall be used only to identify multiple businesses in the commercial portion of a residential/commercial mixed-use development based on the following criteria: (1) One-third (1/3) square foot of monument sign area per one lineal foot of lot frontage with, a maximum of fifty (50) square feet. (2) The entire sign structure shall be considered as sign area. (3) The sign copy area shall not exceed sixty percent (60%) of the background wall area. (4) All monument signs shall contain only the name of the development and/or the names of the businesses. (5) Monument signs shall not encroach into any required landscaped setback area when abutting open areas or encroach more than one-half the required landscaped setback area when located in front of a building. (6) Sign copy shall be back-lighted or indirectly lighted. (7) The background wall of the monument sign shall not exceed six feet in height. (8) A maximum of one (1') sign per development; and (9) The monument sign shall be setback a minimum of three (3) feet from the property line at a location where the building is setback a minimum of ten (10) feet. 5. Roofline Variation 23 .n, a. Flat roofs are preferred and shall be screened with parapets on all sides of the building. If no roof top equipment exists or is proposed the parapet shall be a minimum of three (3) feet in height. b. Where architecturally appropriate, sloped roofs shall provide articulation and variations to divide the massiveness of the roof. Sloped roofs shall include eaves, which are a minimum of eighteen (18) inches in width. Sloped roofs shall screen mechanical equipment by providing a 'roof-well', or by placing the equipment within the roof structure. c. All rooflines in excess of forty (40) feet wide must be broken up through the use of gables, dormers, plantons, cutouts or other appropriate means. 6. Awnings a. Awnings may encroach into the public right-of-way by extending over the sidewalk or parkway with review and approval from the City Engineer and Building Official. b. Awnings, Arcades, and Galleries may encroach into the sidewalk within two (2) feet of the curb but must clear the sidewalk vertically by at least eight (8) feet. c. Projections beyond the front or exterior side lot line of a corner lot shall require the review and approval of the City Engineer and the Building Official. 7. Mechanical Equipment a. Wall mounted equipment shall be flush with the exterior building walls and painted to match the color of the exterior of the building and screened from the view of any public right-of-way. Window mounted air conditioners or exterior mounted fans shall be prohibited. b. Ground and pad mounted mechanical or utility equipment and other such similar equipment shall be screened from view from all public rights-of-way and adjacent properties by architectural building features, fencing or landscaping. 24 17.74.060 General Requirements A. Public Art Requirement 1. A freely accessible on-site public art work shall be integrated into each mixed-use development project. 2. The following words or phrases shall have the following meanings when used in this section: a. Art or Art Work. Art, including but not limited to, sculpture, painting, graphic arts, mosaics, photography, crafts, and environmental works. Art or art work as defined herein may be permanent, fixed, may be an integral part of a building, facility, or structure, and may be integrated with the work of other design professionals. b. Artist. An individual generally recognized by critics and peers as a professional practitioner'of the visual, performing, or literary arts, as judged by the quality of that professional practitioner's body of work, educational background, experience, public performances, past public commissions, sale of works, exhibition record, publications, and production of art work. The members of the architectural, engineering, design, or landscaping firms retained for the design and construction of a development project covered by this section shall not be considered artists for the purposes of this section. This definition applies only to the requirements of the section. c. Freely Accessible. The art work is accessible to and available for use by the general public during normal hours of business operation consistent with the operation and use of the premises. d. Public Art or Art Work. On-site art work produced by an artist, as defined herein, or team of artists, that is freely accessible on private property. 3. The following are not considered public art for the purposes of this section: a. Directional elements such as supergraphics, signage, or color coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions; b. Objects which are mass produced of standard design such as banners, signs, playground, equipment, benches, statuary, street 25 i 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 mixed-use 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 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. 26 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. 6. Declaration of covenants, conditions and restrictions. a. The mixed-use project shall have recorded against it a declaration of covenants, conditions, and restrictions in favor of the City and in a form approved by the City Attorney which shall include the following provisions as appropriate: (1) The developer shall provide all necessary maintenance of the art work, including preservation of the art work in good condition to the reasonable satisfaction of the City and protection of the art work against destruction, distortion, mutilation, or other modification. (2) Any other reasonable terms necessary to implement the 27 f' tt provisions of this sectior. B. Use of Green Construction Materials and Energy and Water Conservation Features 1. The following types of green building practices are encouraged: a. Developments that use-materials composed of renewable, rather than nonrenewable resources (green construction materials). b. Developments that construct buildings that exceed minimum statewide energy construction requirements beyond Title 24 energy requirements. c. Developments that employ. passive heating and cooling design strategies to the max•,mum extent feasible. Strategies to be considered include orientation; natural ventilation, including cross- ventilation in residential units, high insulation values, energy efficient windows including: high performance glass, light-colored or high-albedo (reflective) roofing and exterior walls, window shading, and landscaping that provides shading during appropriate seasons. d. Developments that implement U.S. EPA Certified WaterSense labeled or equivalent faucets and high-efficiency toilets (HETs) in residential uses, and implement water conserving shower heads to the extent feasible. e. Developments that provide Energy-Star rated appliance in the residential units. C. Automated Teller Machines (ATM's) and Walk-Up Bank Services 1. ATM facilities shall be located sonly on the public street side of a residential/commercial mixed-use'development. 2. The ATM shall be set back three feet into an alcove adjacent to the public sidewalk to provide a privacy area. 3. Adequate lighting for the ATM shall be provided. 4. The ATM shall provide rear-view mirrors and cameras that can record activity and have quality color video capabilities for surveillance purposes. 5. The ATM shall comply with ADA accessibility standards. 28 6. A trash receptacle shall be immediately accessible to the ATM. 7. ATM's and walk-up bank services are subject to the approval of the Planning Division. 8. When the ATM is removed, the structure's facade shall have a finished appearance consistent with the existing structure, and be subject to the approval of the Planning Division. D. Convenience Markets 1. A Convenience Market in a residential/commercial mixed-use development shall be a market-or grocery store having an enclosed gross floor area of less than 3,000 square feet and engaged primarily in the sale of a limited range of food items, a limited range of household items, magazines, off-sale alcoholic beverages and similar items. Convenience markets it a residential/commercial mixed-use development shall satisfy the following criteria: a. A convenience market.shall be permitted with a conditional use permit. b. No exterior vending machines shall be permitted. c. No video, electronic or other amusement devices or games shall be permitted on the premises. d. No outdoor storage or stacking of shopping carts shall be permitted. e. No storage, display, or sales of any merchandise, fixtures or other material shall be permitted outside the building. E. Household Pets 1. If permitted by the property owner, or specifically allowed by the rights granted in the Covenants, Conditions and Restrictions (CC&R's) of the project, household pets subject to the requirements of Title 6 of the Rosemead Municipal Code may be allowed in the residential units of a residential/commercial mixed-use development. F. Self-Service Laundries 1. Any self-service laundry in a residential/commercial mixed-use development shall be operated with at least one (1) attendant on-site 29 during all hours of operation. 2. The restroom facilities located within the self-service laundry shall remain locked at all times until access is provided to customers by means of a key provided by the self-service laundry attendant. 3. Signs shall be posted in a conspicuous place inside the self-service laundry that notifies patrons that loitering, panhandling and/or the consumption of alcoholic beverages upon the premises is prohibited. 4. Window signs shall not be permitted. 5. All laundry carts shall remain inside the building. 6. No video, electronic or other amusement devices or games shall be permitted in the self-service laundry. 7. There shall be a maximum of three (3) vending machines at the self- service laundry and all of the vending machines shall be located inside the building. 8. Clear windows shall be provided at the entry and along the storefront to provide visibility into the unit. H. Special Activities 1. The sale of any goods on a sidewalk or alley adjacent to a residential/commercial mixed-use development shall be prohibited. 2. Temporary Banners a. A banner permit is required for the use of temporary banners. b. The use of temporary banners shall be limited to two (2) events per year. The use of a temporary banner at each event shall be for a maximum of thirty (30) days. If a temporary banner is used for more than thirty (30) days, the prohibited days will be accounted to the next event. c. There shall be a maximum of two (2) temporary banners per event. d. The maximum size of a temporary banner shall be three (3) feet by ten (10) feet. 3. Traditional non-commercial holiday decorations that do not contain advertising shall be permitted. 30 4. The display of no more than three of any of the following flags shall be permitted at the same time at any single location on a residential/commercial mixed-use development: a. The flag of the United States; b. The flag of the State of California or its political subdivisions. 5. Prohibited Advertising and Display. a. The following advertising and displays shall be prohibited: (1) Outdoor advertising, displays and/or sales of merchandise or promotional materials in a location outside of a building; (2) Inflatable advertising displays; (3) Roof-mounted displays of flags, pennants or pennant-type banners balloons, inflatable devices, or similar displays; and (4) Flags, banners or balloons displayed in a landscape area or on a fence. G. Used Goods 1. Used goods, furniture, appliances, equipment and machinery may not be displayed or sold unless such goods have been taken in trade on new sales made at the same location. 2. All sales of used goods, furniture, appliances, equipment and machinery shall be incidental to the permitted uses of the overlay zone and shall be a minor part of the business conducted on the premises. H. Visible Street Address 1. The street address of a residential/commercial mixed-use development shall be clearly visible from the street to which the building is addressed. Section 7. The City Council hereby adopts the amendment to the "Mixed- Use Design Guidelines" attached hereto as Exhibit "A." Any future modifications to the Mixed Use Guidelines may be adopted by a resolution of the City Council. 31 Section 8. If any section, subsection, sentence, clause or word of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rosemead HEREBY DECLARES that it would have passed and adopted Ordinance No. 889 and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. Section 9. EFFECTIVE DATE: This ordinance shall take effect thirty (30) days after its adoption. Section 10. ADOPTION. The City Clerk shall certify to the adoption of this ordinance and shall publish a summary of this ordinance and post a certified copy of the full ordinance in the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption of the ordinance, the City Clerk shall publish a summary of the ordinance with the names of the council members voting for and against the ordinance. This ordinance shall take effect thirty days after the date of its adoption. Section 11. The City Clerk shall certify to the adoption of this Ordinance. PASSED AND APPROVED, this day of 2010. GARY TAYLOR, Mayor ATTEST: GLORIA MOLLEDA, City Clerk Joseph M. Montes, City Attorney 32