PC - Item 4D - Municipal Code Amendment 10-05, to Revise Regulations Pertaining to the Development of Flag Lots in the City of RosemeadROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: JULY 19, 2010
SUBJECT: MUNICIPAL CODE AMENDMENT 10 -05, AMENDING THE 'ZONING
CODE TO REVISE REGULATIONS PERTAINING TO THE
DEVELOPMENT OF FLAG LOTS IN THE CITY OF ROSEMEAD
SUMMARY
Municipal Code Amendment 10 -05 is a City initiated amendment to the Rosemead
Municipal Code (RMC) for the purpose of revising definitions, development standards,
and diagrams that regulate the development of flag lots in residential zones to
implement the recently updated General Plan and to clarify inconsistencies between
flag lot text and graphics in the Rosemead Municipal Code.
ENVIRONMENTAL DETERMINATION
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 to the 2008 Program
EIR.
Municipal Code Amendment 10 -05 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.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission ADOPT Resolution No. 10 -24
(Attachment A), a resolution recommending that the City Council ADOPT Ordinance No.
901 (Attachment B), amending Title 17 of the Rosemead Municipal Code to revise flag
lot development standards.
Planning Commission Meeting
July 19, 2010
Page 2 of 6
BACKGROUND
On July 12, 1983, the City Council adopted Ordinance No. 560 (Exhibit C) to establish
development standards for flag lot developments in order to provide for the opportunity
for single - family residential lot development. This ordinance amended several
definitions in the Zoning Code and added development standards for how residential
lots could be subdivided into flag lot configurations. The Ordinance also incorporated an
appendix of drawings (referred to as Appendix A) which depicted typical flag lot
measurements and layouts.
A flag lot is a lot whose shape is created in a manner which utilizes an extension of
property (the flag pole) for the exclusive purpose of obtaining vehicular and pedestrian
access to a public street. The following assessor map image depicts typical flag lot
subdivision development that has occurred in Rosemead over the last several years
Example of Flag Lot Development
On May 17, 2010, Planning staff presented to the Commission a memorandum
discussing several inconsistencies that had been discovered between text in the Zoning
Code and the diagrams that were adopted in Appendix A that were meant to illustrate
flag lot layouts. These related to the minimum lot area for flag lots and how the
minimum lot width (street frontage) is determined. At that time, the Planning
Commission provided direction to staff to amend the Zoning Code and diagrams to
address the inconsistencies.
ANALYSIS
Lot Area Requirement
Section 17.16.140(E) of the RMC states that "the minimum lot area shall be six
thousand (6,000) square feet and shall be calculated as per Section 17.04.020,
provided, however, that for the purposes of this section, the following shall be
applicable:
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Example of Flag Lot Development
On May 17, 2010, Planning staff presented to the Commission a memorandum
discussing several inconsistencies that had been discovered between text in the Zoning
Code and the diagrams that were adopted in Appendix A that were meant to illustrate
flag lot layouts. These related to the minimum lot area for flag lots and how the
minimum lot width (street frontage) is determined. At that time, the Planning
Commission provided direction to staff to amend the Zoning Code and diagrams to
address the inconsistencies.
ANALYSIS
Lot Area Requirement
Section 17.16.140(E) of the RMC states that "the minimum lot area shall be six
thousand (6,000) square feet and shall be calculated as per Section 17.04.020,
provided, however, that for the purposes of this section, the following shall be
applicable:
Planning Commission Meeting
July 19, 2010
Page 3 of 6
(1) The minimum developable lot area, exclusive of vehicle access leg or
common drive -way access easements, shall be five thousand (5,000)
square feet, and as set out in Appendix A attached to the ordinance
codified in this title."
The purpose of Appendix A (See attached Exhibit C) is to illustrate the development
standards for residents and developers. However, when calculating the gross and net
lot areas using the dimensions in the diagrams in Appendix A (Standard Plan No. P -7),
the totals do not satisfy the requirement stated in the text portion of the Ordinance. The
current diagrams could also be interpreted to mean that only 5,000 square feet of net lot
area is required for a flag lot and that the 6,000 square feet for the gross area does not
apply.
In reviewing past meeting minutes dating back to 1983 regarding the creation of the flag
lot ordinance, it is evident that the intent of the ordinance was to require a minimum
6,000 square foot gross lot area standard (total area of developable lot and access leg)
and a 5,000 square foot net lot area (developable lot area) standard for each flag lot.
The minimum lot area in the R -1 (Single Family Residential) and R -2 (Light Multiple
Residential) zones is 6,000 square feet. Therefore requiring a gross lot area of 6,000
square feet would be consistent with the lot area requirements in the R -1 and R -2
zones. However, staff has reviewed past project case files and found that not all past
subdivisions have satisfied the 6,000 gross lot area requirement, due to the fact that the
diagram (Standard Plan No. P -7) does not illustrate the 6,000 gross lot area standard.
On May 17, 2010, the Planning Commission determined that a flag lot must meet both
the minimum net lot area of 5,000 square a feet and the gross lot area of 6,000 square
feet.
To address this inconsistency and the Planning Commission's determination, staff
proposes to revise the definition of Lot Area in Section 17.16.140 F. of the RMC to be
clear that gross lot area for a flag lot must be 6,000 square feet and that the net lot area
must be a minimum of 5,000 square feet. Standard Plan No. P-7 of Appendix A has also
been revised to make it clear that both the gross and net floor areas must be satisfied
for flag lot developments. Attached as Exhibit D is a redline /strikeout version of the
proposed revisions to the Zoning Code.
Lot Width (Street Frontage)
Section 17.16.140(G) of the RMC states "that the minimum street frontage for a flag lot
development is directly dependent on the number of flag lots. The following
requirements shall be applicable as per described circumstances, and as set out in
Appendix A attached to the ordinance codified in this title.
Planning Commission Meeting
July 19, 2010
Paae 4 of 6
1. The minimum street frontage for a single (one) flag lot shall be
fifteen (15) feet.
2. The minimum street frontage for two or more lots which are so
designed to provide a common vehicular access leg by way of fee,
easement or combination thereof, shall provide a minimum of three
feet of real property street frontage; provided, however, that the
following minimum street access widths are established:
a. The street frontage for two lots shall be eighteen (18) feet;
provided, however, that such requirement may be achieved by a
combined contribution of individual lot street frontage which
equals the required access driveway width.
b. The street frontage for three flag lots shall be twenty -six (26)
feet; provided, however, that such requirement may be achieved
by a combined contribution of individual lot street frontage which
equals the required street frontage width."
However, the three lot and four lot subdivision examples in Appendix A (Standard Plan
No. P -7) indicate that when two or more lots are designed to provide a common
vehicular access leg, one of the lots shall provide a minimum of 15 feet of real property
frontage, instead of any of the lots just satisfying the minimum three foot requirement
stated above.
To address this inconsistency, Planning Staff recommends that Section 17.16.140 H
(Lot Width — Street Frontage) of the RMC be revised to more clearly state that each leg
within a flag lot subdivision with two or three flag lots must be a minimum of three (3)
feet in width as long as the total width for the access leg is also maintained. Standard
Plan No. P -7 has been revised to delete the reference to a fifteen (15) foot minimum
width for one of the access legs to be more consistent with the revised text in the
Zoning Code. Doing this will allow the access legs to be shared more equally among
flag lots, which will assist in achieving the 6,000 square foot minimum lot area
requirement.
Front Yard
Although it was not discussed at the May 17, 2010 Planning Commission meeting on
the flag lot issues, it has come to the attention of Planning staff that there is also
confusion about which side of a flag lot must be considered as the front yard. Currently
the flag lot development standards do not clearly state if the front yard on a flag lot has
to be parallel to the street or if it may be perpendicular to the street. The diagrams in
Appendix A (specifically Standard Plan No. P -6) also do not clearly state which side of a
flag lot can or must be the front yard. In reviewing a number of flag lot subdivisions that
have be approved over the past few years, staff found that subdivisions have been
Planning Commission Meeting
July 19, 2010
Page 5 of 6
approved with flag lots with front yards that have been both parallel and perpendicular
to the street frontage of the subdivision.
To clarify the intent of the Zoning Code with respect to the front yard requirements for
flag lots, staff proposes to add clarifying language to the definitions of Lot Depth in
Section 17.040.020 of the RMC to state the front lot line . of a flag lot may be parallel or
perpendicular to the street which abuts the property. This allows for some flexibility on
the part of the developer to decide which side of a flag lot would be most appropriate for
the front yard.
It is also important to note that Sections 17.16.140 J.3. and 17.16.140 L. of the RMC
both give the Planning Commission authority to evaluate the most appropriate lot
orientation as part of a flag lot subdivision. Therefore, the City will still have the ability to
review a subdivision and determine if a particular flag lot should have its front yard
parallel or perpendicular to the street on a case -by -case basis depending on the
surrounding developments.
Staff has also revised Standard Plan No. P -6 in Appendix A to clarify the different
possible flag lot development alternatives.
Conclusion
The proposed Ordinance No. 901 provides a revised set of flag lot development
standards that insures consistency with the General Plan for minimum lot size. The
Ordinance also clarifies internal inconsistencies between text and diagrams and
provides the City and developers some additional flexibility when planning and
reviewing flag lot subdivisions.
MUNICIPAL CODE REQUIREMENTS
Chapter 17.116 of the Rosemead Municipal Code sets forth the procedures and
requirements for zone changes and amendments. A zone change and municipal code
amendments may be permitted whenever the public necessity, convenience, general
welfare or good zoning practice justifies such action.
California State law requires zoning to be compliant with the goals, objectives and
policies of the General Plan. Municipal Code Amendment 10 -05 will accomplish this
requirement. The revised flag lot regulations are consistent with General Plan Land
Use Policy 1.2 to provide guidelines and standards to prevent land use conflicts. The
revised flag lot regulations will ensure that flag lots are consistent with the density limits
established in the General Plan and ensure that flag lot subdivision are designed to be
compatible with neighborhood development patterns in the City.
The revised flag lot regulations include provisions designed to protect the privacy of
adjacent residential properties and the quality of establish neighborhoods, as required
Planning Commission Meeting
July 19, 2010
Page 6 of 6
by Land Use Policy 1.5 by granting the Planning Commission the authority to review
flag lot subdivisions for consistency with neighborhood development patterns.
The public necessity, convenience, and general welfare will be served by the adoption
of the revised flag lot regulations that provides internally consistent development
standards that will ensure consistency with the General Plan land use densities for
residential developments while providing the opportunity for property owners to
subdivide large properties in a manner that will maintain the integrity of single - family
residential neighborhoods.
PUBLIC NOTICE PROCESS
This item has been noticed through the required public posting requirements of the
regular agenda notification process for Municipal Code Text Amendments, pursuant to
Section 17.116.020 of the Rosemead Municipal Code, which includes publication in the
San Gabriel Valley Tribune and posting of the notice at the six (6) public locations and
on the subject site.
Prepared by:
-fai, � A
Paul Garry
Senior Planner
Submitted by:
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Community Development Director
Attachments:
A. Planning Commission Resolution No. 10 -24
B. Draft Ordinance No. 901
C. Ordinance No. 560 and Appendix A
D. Redline /Strikeout version of proposed Municipal Code Amendment 10 -05
PC RESOLUTION 10 -24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING THAT THE CITY COUNCIL ADOPT MUNICIPAL
CODE AMENDMENT 10 -05 AMENDING SECTION 17.04.020 AND
17.16.140 OF THE CITY OF ROSEMEAD MUNICIPAL CODE RELATING
TO FLAG LOT DEVELOPMENT.
WHEREAS, Section 17.116.020 of the Rosemead Municipal Code sets forth
procedures and requirements for municipal code amendments; and
WHEREAS, the City of Rosemead has adopted the General Plan and Zoning
Ordinance, including specific development standards, to control development; and
WHEREAS, Section 17.116.010 of the Rosemead Municipal Code authorize the
Planning Commission to consider and recommend proposed municipal code
amendments to the City Council; and
WHEREAS, Municipal Code Amendment 10 -05 revises regulations for the
development of flag lots; and
WHEREAS, on July 9, 2010, a notice was published in the San Gabriel Valley
Tribune specifying the public comment period and the time and place for a public
hearing pursuant to California Government Code Section 65091(a)(3); and
WHEREAS, on July 19, 2010, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Municipal
Code Amendment 10 -05; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Planning Commission HEREBY DETERMINES that Municipal
Code Amendment 10 -05 is consistent with the General Plan Program EIR and
Addendum, and pursuant to Public Resources Code 21083.3 and California
Environmental Quality Act CEQA Guidelines sections 15162, 15168 and 15183 is
exempt from the requirement that additional environmental documentation be prepared.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that Municipal Code Amendment 10 -05 is in the best interest of the public necessity and
general welfare, and good city planning practice dictates and supports the proposed
1 EXHIBIT A
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.
The revised flag lot regulations are consistent with General Plan Land Use Policy
1.2, to provide guidelines and standards to prevent land use conflicts. The revised flag
lot regulations will ensure that flag lots are consistent with the density limits established
in the General Plan and ensure that flag lot subdivision are designed to be compatible
with neighborhood development patterns in the City.
The revised flag lot regulations include provisions designed to protect the privacy
of adjacent residential properties and the quality of establish neighborhoods, as
required by Land Use Policy 1.5 by granting the Planning Commission the authority to
review flag lot subdivisions for consistency with neighborhood development patterns.
SECTION 3. The Planning Commission does HEREBY RECOMMEND that the
definition of Lot Depth in Section 17.04.020 (Definitions) of the Rosemead Municipal
Code be amended to read as follows:
"Lot depth" means the length of a straight line drawn from the midpoint of the front lot
line and at right angles to such line connecting with the line intersecting the midpoint of
the rear lot line; provided, however, that for the purpose of measurement, methods of
measurement shall be applicable as per the following described circumstances:
1. In the case of lot having a curved front line, the front lot line, for the purposes of
this section, shall be deemed to be a line tangent to the curve and parallel to a
straight line connecting the points of intersection of the side lot lines of the lot
with the front lot line.
2. In the case of a flag lot, for the purposes of this section, the front lot line shall be
that property line which extends across the width of the lot, which is exclusive of
and is not to be confused with, those property lines contained within the flag lot
vehicle access leg to the public street. The front lot line may be parallel or
perpendicular to the street which abuts the property.
SECTION 4. The Planning Commission does HEREBY RECOMMEND that
Section 17.16.140 (Flag Lot Development) of the Rosemead Municipal Code be
amended to read as follows
In order to provide the opportunity for single - family residential flag lot development, and
to maintain the integrity of existing single - family areas, the following regulations and
criteria of evaluating flag lot development are established. However, in no case shall
more than three (3) flag lots and one non -flag (conventional) lot be allowed within any
subdivision.
2 EXHIBIT A
A. All development standards and definitions contained within this title shall
continue to be applicable and in force unless otherwise specifically addressed
within this section. Particular reference is made to Section 17.16.090 pertaining
to a minimum fifty (50) foot street frontage. The applicability of this requirement to
non -flag lot (conventional) parcels, which may be part of the land division under
consideration, is emphasized for clarity.
B. Front Yard. For the purposes of this section, a "front yard" is defined as that area
which extends across the width of the lot, or as otherwise defined within Section
17.04.020 and is immediately adjacent to the flag lot vehicular access leg, which
connects to the public street. Such vehicular access leg is exclusive of a front
yard setback area, as set out in Appendix A, attached to the ordinance codified in
this title.
C. Front Yard Setback. Those front yard setback requirements contained within
Section 17.16.050 shall apply; provided, however, that for the purposes of
measurement, the following methods shall be applicable, and as set out in
Appendix A attached to the ordinance codified in this title.
1. When a single (one) flag lot is to be served by a driveway which is solely
devoted to the exclusive use of such single flag lot, measurements shall
be initiated from the front property line, as defined under subsection B of
this section.
2. When two or more flag lots are to be serviced by a common driveway
obtained through fee, easement, or in combination thereof, and when such
lots lie partially within such common driveway, no setback measurements
shall include any portion of such common driveway.
3. The Planning Commission may establish a new point of measurement for
front yards; providing, however, that common driveways or vehicular
access easements shall not be counted toward satisfying front yard
setback requirements.
D. Side Yard. Those side yard setback requirements contained within the underlying
zone shall apply; provided, however, that for the purposes of measurement, the
following methods shall be applicable as per described circumstances, and as
set out in Appendix A attached to the ordinance codified in this title.
1. When a single (one) flag lot is to be served by a driveway which is solely
devoted to the exclusive use of such single flag lot, measurements shall
be initiated from the side property line.
2. When two or more flag lots are to be served by a common driveway
obtained through fee, easement, or in combination thereof, and when such
3 EXHIBIT A
lots lie partially within such common driveway, no setback measurements
shall include any portion of such common driveway.
E. Rear Yard. Those side yard setback requirements contained within the
underlying zone shall apply.
F. Lot Area. The minimum gross lot area shall be six thousand (6,000) square feet.
For the purposes of this section, gross lot area shall mean the total area within
the boundary lines of a lot or parcel, and the following shall also be applicable:
The minimum developable lot area (net area), exclusive of vehicle access leg or
common driveway access easements, shall be five thousand (5,000) square feet,
and as set out in Appendix A attached to the ordinance codified in this title.
G. Lot Width. The minimum lot width for a flag lot developable area as described in
subsection E of this section shall be fifty (50) feet and shall be determined per
the method described under Section 17.04.020, "Lot width," contained within this
title.
H. Lot Width— Street Frontage. The minimum street frontage for a flag lot
development is directly dependent on the number of flag lots. The following
requirements shall be applicable as per described circumstances, and as set out
in Appendix A attached to the ordinance codified in this title.
1. The minimum street frontage for a single (one) flag lot shall be fifteen (15)
feet.
2. The minimum street frontage for two flag lots which are so designed to
provide a common vehicular access leg by way of fee, easement or
combination thereof, shall be a minimum of three (3) feet of real property
street frontage for each flag lot; provided, however, that the total street
frontage for the two flag lots shall be a minimum of eighteen (18) feet.
Such requirement may be achieved by a combined contribution of
individual lot street frontage which equals the required access driveway
width.
3. The minimum street frontage for three flag lots which are so designed to
provide a common vehicular access leg by way of fee, easement or
combination thereof, shall be a minimum of three (3) feet of real property
street frontage for each flag lot; provided, however, that the total street
frontage for the two flag lots shall be a minimum of twenty-six (26) feet.
Such requirement may be achieved by a combined contribution of
individual lot street frontage which equals the required access driveway.
4 EXHIBIT A
4. The minimum street frontage width for non -flag lot (conventional) parcels
which face a public street, regardless of the number of flag lots in the
development, shall be fifty (50) feet as prescribed in Section 17.16.090.
5. The street frontage access width may be increased beyond those
requirements contained within this subsection, based on the
recommendations or requirements of the City Engineer or Fire
Department.
Driveway. The interior lot driveway requirements shall be the same dimensions
and shall occur under the same circumstances as contained within the
subsection H of this section.
J. Application and Procedural Provisions Pertaining to Flag Lot Developments.
1. The requirements contained within this subsection shall only apply in
conjunction with the consideration of a division of land which contains a flag
lot.
2. A site plan, drawn to scale, which accurately depicts all proposed structures
and required setbacks and vehicle driveways, shall be submitted in
conjunction with any application for a division of land which contains a flag
lot. The site plan will become a permanent formal record of reference within
the city's subdivision files after the approval or denial of such plan. The
surrounding areas and land uses shall be shown for a distance of at least
three hundred (300) feet.
3. The Planning Commission will review the merits of each flag lot proposal in
relationship to the immediate property and the surrounding area.
4. Vehicle access easements for reciprocal use or otherwise shall be shown
on the tentative maps, together with a statement identifying which lots are
subservient and which lots are to benefit from such easements.
5. Should the Planning Commission choose to approve a subdivision of land,
reasonable conditions related to on- and off -site improvements may be
required. Such conditions may include, but not be limited to, the following:
a. Where three or more lots are created by a subdivision, all utilities
shall be placed underground;
b. Correct all building code violations that exist on the remaining
structures;
C. Correct all zoning violations;
5 EXHIBIT A
d. Parcel maps splits are required to install street improvements;
e. Residential driveway pavement requirements for two lot divisions
are two inches of AC over three -inch base material crushed
aggregate; all other divisions are four inches of AC over four -inch
base material crushed aggregate, or six inches of concrete;
f. New fencing and /or walls may be required along existing and
proposed property lines;
g. Where vehicle access easements are to be used, a covenant shall
be prepared by the applicant for review and approval of the City
Attorney. The covenant shall assure that private common
driveways shall be continually maintained and that cost associated
with such maintenance shall be equally shared by all future
property owners, whose properties benefit within the division, and
shall include the following provisions:
They shall have the right to cause such repair to be
accomplished, and to place liens on the involved properties,
if in the estimation of the City Engineer, the subject common
driveway has reached a state of disrepair which renders it a
hazard, unsightly, or a public nuisance; and that the property
owners involved have failed to act within a responsible
period, thirty (30) days, after notification.
ii. No parking shall be allowed within the private common
driveway obtained by easement and signs restricting same
shall be posted at conspicuous locations.
The ability to cite violations of such parking restrictions shall
be granted to the city.
K. Public Hearing. A public hearing is required to be conducted on all divisions of
land. This requirement applies to the creation of flag lots. The public will be
notified in the manner prescribed by state and local regulations.
L. Necessary Findings for Approval. The Planning Commission may approve the
platting of flag lots where all of the following conditions are found to exist:
1. That the design is justified by topographic conditions or the size and
shape of the property prohibits conventional lot division practices;
2. That proposed flag lot division is not so at variance with the existing
neighborhood pattern or development as to create detrimental visual or
privacy impacts.
6 EXHIBIT A
M. Effective Date of Order Granting or Denying the Platting of Flag Lots —Time for
Appeal. The resolution of the Planning Commission granting or denying the
platting of flag lots shall become effective and final on the fourteenth day
following its adoption unless within such period of time, an appeal in writing is
filed with the City Clerk by the applicant or any other interested person. Any such
appeal shall be accepted by the City Council. The timely filing of an appeal shall
stay the effective date of the Planning Commission's resolution pending action by
the City Council.
N. Attached to the ordinance codified in this title, and incorporated herein by this
reference, is that certain document entitled "Appendix A— Rosemead Municipal
Code —Flag Lot Development," which contains drawings that depict typical flag
lot measurements and layouts.
SECTION 5. The Planning Commission HEREBY RECOMMENDS TO THE
CITY COUNCIL APPROVAL of Municipal Code Amendment 10 -05, revising standards
for flag lot developments within the City of Rosemead.
SECTION 6. This resolution is the result of an action taken by the Planning
Commission on July 19, 2010 by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
SECTION 7. The secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 19th day. of July, 2010.
William Alarcon, Chairman
7 EXHIBIT A
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on 19th day of July,
2010, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Stan Wong, Secretary
8 EXHIBIT A
APPENDIX "A"
ROSEMEAD MUNICIPAL CODE
LOT DEVELOPMENT
REQUIREMENTS:
SECTION 17.04.020 - LOT DEPTH
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DATE APPROVED
CITY OF ROSEMEAD
STANDARD
LOT DEVELOPMENT
PLAN N0.
LOT DEPTH REQUIREMENTS
P -5
DIRECTOR OF COMMUNITY
DEVELOPMENT
APPENDIX "A" ROSEMEAD MUNICIPAL CODE
FLAG LOT DEVELOPMENT REQUIREMENTS: SECTION 17.16.140 (B), (C), (D) & (E) - YARDS
REAR YARD
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STRUCTURE
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FRONT YARD
STRUCTURE
REAR YARD
NOT TO SCALE
NOTE: THE PLANNING COMMISSION MAY ESTABLISH THE MOST APPROPRIATE
LOT ORIENTATION FOR CONSISTENCY WITH NEIGHBORHOOD PATTERNS
AND TO MINIMIZE VISION OR PRIVACY IMPACTS
DATE APPROVED CITY OF ROSEMEAD STANDARD
FLAG LOT DEVELOPMENT PLAN NO.
DIRECTOR OF COMMUNITY YARD REQUIREMENTS - ALTERNATES P -6
DEVELOPMENT
APPENDIX "A" ROSEMEAD MUNICIPAL CODE
FLAG LOT DEVELOPMENT REQUIREMENTS: SECTION 17.16.140 (E) & (G) - LOT AREA & WIDTH
TWO LOT SUBDIVISION - THREE
LOT SUBDIVISION
FOUR
LOT SUBDIVISION
68'
76'
65'
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3
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FLAG LOT
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6000 SQ. FT.
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6000 SQ. FT.
GROSS
GROSS
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5000 SQ. FT.
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5000 SQ. FT.
5000 SQ. FT.
NET
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ACCESS LEG
&EASEMENT
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NOTE: GROSS LOT AREA INCLUDES THE ACCESS LEG
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DATE APPROVED
DIRECTOR OF COMMUNITY
DEVELOPMENT
CITY OF ROSEMEAD
FLAG LOT DEVELOPMENT
LOT AREA & WIDTH REQUIREMENTS
STANDARD
PLAN N0.
P -7
ORDINANCE NO. 901
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MUNICIPAL CODE AMENDMENT 10 -05 AMENDING
TITLE 17 (ZONING) OF THE ROSEMEAD MUNICIPAL CODE TO
REVISE THE REGULATIONS FOR FLAG LOT DEVELOPMENT.
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
amendment to the Zoning Ordinance to revise the . regulations pertaining to the
development of flag lots in residential zones; and
A. The City Council of the City of Rosemead wishes to promote the City of
Rosemead's interest in protecting and preserving the quality and character of the
residential areas in the City, and the quality of life through effective land use planning;
and
B. The City currently has provisions in its Municipal Code that regulate flag
lot development. The City has determined that the regulations require updating to
improve consistency with the General Plan land use densities allowed in residential
zones and to resolve inconsistencies between text and diagrams in the Municipal Code;
and
D. It is the purpose and intent of the Ordinance to provide improved
development standards and diagrams to ensure flag lot developments are consistent
with neighborhood patterns.
E. The proposed amendment would not be detrimental to the public
convenience, health, safety, or general welfare of the City, and
SECTION 2. The City Council hereby determines that Municipal Code
Amendment 10 -05 is consistent with the General Plan Program EIR and Addendum,
and pursuant to Public Resources Code 21083.3 and California Environmental Quality
Act 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 -05 is in the best interest of the public necessity and
1 EXHIBIT B
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 -05 is consistent with the Rosemead General Plan as
follows:
The revised flag lot regulations are consistent with General Plan Land Use Policy
1.2, to provide guidelines and standards to prevent land use conflicts. The revised flag
lot regulations will ensure that flag lots are consistent with the density limits established
in the General Plan and ensure that flag lot subdivision are designed to be compatible
with neighborhood development patterns in the City.
The revised flag lot regulations include provisions designed to protect the privacy
of adjacent residential properties and the quality of establish neighborhoods, as
required by Land Use Policy 1.5 by granting the Planning Commission the authority to
review flag lot subdivisions for consistency with neighborhood development patterns.
NOW, THEREFORE the City Council of the City of Rosemead, County of Los
Angeles, State of California, does hereby find, determine and ordain as follows:
SECTION 5. Code Amendment.
17.04.020 (Definitions) of the Rosemead
read as follows:
The definition of Lot Depth in Section
Municipal Code is HEREBY AMENDED to
"Lot depth" means the length of a straight line drawn from the midpoint of the front lot
line and at right angles to such line connecting with the line intersecting the midpoint of
the rear lot line; provided, however, that for the purpose of measurement, methods of
measurement shall be applicable as per the following described circumstances:
1. In the case of lot having a curved front line, the front lot line, for the purposes of
this section, shall be deemed to be a line tangent to the curve and parallel to a
straight line connecting the points of intersection of the side lot lines of the lot
with the front lot line.
2. In the case of a flag lot, for the purposes of this section, the front lot line shall be
that property line which extends across the width of the lot, which is exclusive of
and is not to be confused with, those property lines contained within the flag lot
vehicle access leg to the public street. The front lot line may be parallel or
perpendicular to the street which abuts the property.
2 EXHIBIT B
SECTION 6. Code Amendment, Section 17.16.140 (Flag Lot Development) of
the Rosemead Municipal Code is HEREBY AMENDED to read as follows
In order to provide the opportunity for single - family residential flag lot development, and
to maintain the integrity of existing single - family areas, the following regulations and
criteria of evaluating flag lot development are established. However, in no case shall
more than three (3) flag lots and one non -flag (conventional) lot be allowed within any
subdivision.
A. All development standards and definitions contained within this title shall
continue to be applicable and in force unless otherwise specifically addressed
within this section. Particular reference is made to Section 17.16.090 pertaining
to a minimum fifty (50) foot street frontage. The applicability of this requirement to
non -flag lot (conventional) parcels, which may be part of the land division under
consideration, is emphasized for clarity.
B. Front Yard. For the purposes of this section, a "front yard" is defined as that area
which extends across the width of the lot, or as otherwise defined within Section
17.04.020 and is immediately adjacent to the flag. lot vehicular access leg, which
connects to the public street. Such vehicular access leg is exclusive of a front
yard setback area, as set out in Appendix A, attached to the ordinance codified in
this title.
C. Front Yard Setback. Those front yard setback requirements contained within
Section 17.16.050 shall apply; provided, however, that for the purposes of
measurement, the following methods shall be applicable, and as set out in
Appendix A attached to the ordinance codified in this title.
1. When a single (one) flag lot is to be served by a driveway which is solely
devoted to the exclusive use of such single flag lot, measurements shall
be initiated from the front property line, as defined under subsection B of
this section.
2. When two or more flag lots are to be serviced by a common driveway
obtained through fee, easement, or in combination thereof, and when such
lots lie partially within such common driveway, no setback measurements
shall include any portion of such common driveway.
3. The Planning Commission may establish a new point of measurement for
front yards; providing, however, that common driveways or vehicular
access easements shall not be counted toward satisfying front yard
setback requirements.
D. Side Yard. Those side yard setback requirements contained within the underlying
zone shall apply; provided, however, that for the purposes of measurement, the
3 EXHIBIT B
following methods shall be applicable as per described circumstances, and as
set out in Appendix A attached to the ordinance codified in this title.
1. When a single (one) flag lot is to be served by a driveway which is solely
devoted to the exclusive use of such single flag lot, measurements shall
be initiated from the side property line.
2. When two or more flag lots are to be served by a common driveway
obtained through fee, easement, or in combination thereof, and when such
lots lie partially within such common driveway, no setback measurements
shall include any portion of such common driveway.
E. Rear Yard. Those side yard setback requirements contained within the
underlying zone shall apply.
F. Lot Area. The minimum gross lot area shall be six thousand (6,000) square feet.
For the purposes of this section, gross lot area shall mean the total area within
the boundary lines of a lot or parcel, and the following shall also be applicable:
The minimum developable lot area (net area), exclusive of vehicle access leg or
common driveway access easements, shall be five thousand (5,000) square feet,
and as set out in Appendix A attached to the ordinance codified in this title.
G. Lot Width. The minimum lot width for a flag lot developable area as described in
subsection E of this section shall be fifty (50) feet and shall be determined per
the method described under Section 17.04.020, "Lot width," contained within this
title.
H. Lot Width— Street Frontage. The minimum street frontage for a flag lot
development is directly dependent on the number of flag lots. The following
requirements shall be applicable as per described circumstances, and as set out
in Appendix A attached to the ordinance codified in this title.
1. The minimum street frontage for a single (one) flag lot shall be fifteen (15)
feet.
2. The minimum street frontage for two flag lots which are so designed to
provide a common vehicular access leg, by way of fee, easement or
combination thereof; shall be a minimum of three (3) feet of real property
street frontage for each flag lot; provided, however, that the total street
frontage for the two flag lots shall, be a minimum of eighteen (18) feet.
Such requirement may be achieved by a combined contribution of
individual lot street frontage which equals the required access driveway
width.
4 EXHIBIT B
3. The minimum street frontage for three flag lots which are so designed to
provide a common vehicular access leg by way of fee, easement or
combination thereof, shall be a minimum of three (3) feet of real property
street frontage for each flag lot; provided, however, that the total street
frontage for the two flag lots shall be a minimum of twenty -six (26) feet.
Such requirement may be achieved by a combined contribution of
individual lot street frontage which equals the required access driveway.
4. The minimum street frontage width for non -flag lot (conventional) parcels
which face a public street, regardless of the number of flag lots in the
development, shall be fifty (50) feet as prescribed in Section 17.16.090.
5. The street frontage access width may be increased beyond those
requirements contained within this subsection, based on the
recommendations or requirements of the City Engineer or Fire
Department. .
Driveway. The interior lot driveway requirements shall be the same dimensions
and shall occur under the same circumstances as contained within the
subsection H of this section.
J. Application and Procedural Provisions Pertaining to Flag Lot Developments.
1. The requirements contained within this subsection shall only apply in
conjunction with the consideration of a division of land which contains a flag
lot.
2. A site plan, drawn to scale, which accurately depicts all proposed structures
and required setbacks and vehicle driveways, shall be submitted in
conjunction with any application for a division of land which contains a flag
lot. The site plan will become a permanent formal record of reference within
the city's subdivision files after the approval or denial of such plan. The
surrounding areas and land uses shall be shown for a distance of at least
three hundred (300) feet.
3. The Planning Commission will review the merits of each flag lot proposal in
relationship to the immediate property and the surrounding area.
4. Vehicle access easements for reciprocal use or otherwise shall be shown
on the tentative maps, together with a statement identifying which lots are
subservient and which lots are to benefit from such easements.
5. Should the Planning Commission choose to. approve a subdivision of land,
reasonable conditions related to on- and off -site improvements may be
required. Such conditions may include, but not be limited to, the following:
5 EXHIBIT B
a. Where three or more lots are created by a subdivision, all utilities
shall be placed underground;
b. Correct all building code violations that exist on the remaining
structures;
C. Correct all zoning violations;
d. Parcel maps splits are required to install street improvements;
e. Residential driveway pavement requirements for two lot divisions
are two inches of AC over three -inch base material crushed
aggregate; all other divisions are four inches of AC over four -inch
base material crushed aggregate, or six inches of concrete;
f. New fencing and /or walls may be required along existing and
proposed property lines;
g. Where vehicle access easements are to be used, a covenant shall
be prepared by the applicant for review and approval of the City
Attorney. The covenant shall assure that private common
driveways shall be continually maintained and that cost associated
with such maintenance shall be equally shared by all future
property owners, whose properties benefit within the division, and
shall include the following provisions:
They shall have the right to cause such repair to be
accomplished, and to place liens on the involved properties,
if in the estimation of the City Engineer, the subject common
driveway has reached a state of disrepair which renders it a
hazard, unsightly, or a public nuisance; and that the property
owners involved have failed to act within a responsible
period, thirty (30) days, after notification.
ii. No parking shall be allowed within the private common
driveway obtained by easement and signs restricting same
shall be posted at conspicuous locations.
The ability to cite violations of such parking restrictions shall
be granted to the city.
K. Public Hearing. A public hearing is required to be conducted on all divisions of
land. This requirement applies to the creation of flag lots. The public will be
notified in the manner prescribed by state and local regulations.
6 EXHIBIT B
L. Necessary Findings for Approval. The Planning Commission may approve the
platting of flag lots where all of the following conditions are found to exist:
1. That the design is justified by topographic conditions or the size and
shape of the property prohibits conventional lot division practices;
2. That proposed flag lot division is not so at variance with the existing
neighborhood pattern or development as to create detrimental visual or
privacy impacts.
M. Effective Date of Order Granting or Denying the Platting of Flag Lots —Time for
Appeal. The resolution of the Planning Commission granting or denying the
platting of flag lots shall become effective and final on the fourteenth day
following its adoption unless within such period of time, an appeal in writing is
filed with the City Clerk by the applicant or any other interested person. Any such
appeal shall be accepted by the City Council. The timely filing of an appeal shall
stay the effective date of the Planning Commission's resolution pending action by
the City Council.
N. Attached to the ordinance codified in this title, and incorporated herein by this
reference, is that certain document entitled "Appendix A— Rosemead Municipal
Code —Flag Lot Development," which contains drawings that depict typical flag
lot measurements and layouts.
SECTION 7. Severability. If any section, subsection, sentence, clause, or
phrase of this ordinance is for any reason held to be invalid or unconstitutional by a
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council hereby declares that it
would have passed and adopted Ordinance No. 901 and each and every section,
subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to whether any portion of the ordinance would be subsequently declared invalid
or unconstitutional.
SECTION 8. Publication. The City Clerk shall cause this ordinance to be
published in the manner required by law.
SECTION 9. Effective Date. The Mayor shall sign and the City Clerk attest to
the passage of this Ordinance. The City Clerk shall cause the same to be published
once in the official newspaper within 15 days after its adoption. This ordinance shall go
into effect and be in full force and effect thirty (30) days from its date of adoption.
7 EXHIBIT B
PASSED, APPROVED AND ADOPTED this 23rd day of August, 2010.
Gary Taylor, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Joseph M. Montes, City Attorney
EXHIBIT B
ORDINANCE NO. 560
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD ESTABLISHING
DEVELOPMENT STANDARDS FOR "FLAG LOT"
DEVELOPMENTS
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
Section 1. Section 9102.54 of the Rosemead Zoning
Code is hereby amended to read as follows:
"9102.54. Yard, front shall mean an area extending
across the full width of the lot and lying between the
front lot line and a line parallel thereto, and having a
distance between them equal to the required front yard
depth as prescribed in each zone. Front yards shall be
measured by a line at right angles to the front lot
line, or by the radial line in the case of a curved
front lot line. When a lot lies partially within a
planned street or common driveway indicated on a precise
plan or division of land for such a street and where
such planned street or common driveway is of the type
that will afford legal access to such lot, the depth of
the front yard shall be measured from the contiguous
edge of such planned street or common driveway in the
manner prescribed in this definition."
Section 2. New Section 9102.36(01) is hereby added
to the Rosemead Zoning Code to read as follows:
"9102.36(01). Lot width shall mean the horizontal
distance between the side lot lines measured at right
angles to the lot depth line at a point midway between
the front and rear lot lines.
Average width shall be the average of the length of
line drawn parallel to the "lot width line" extending
toward the front and rear lot lines at ten (10) foot
intervals, but excluding from such determination any
prolongated portions of the lot used exclusively for
access to a public street or for a driveway.
In computing lot width or average width, the
following shall be excluded:
(a) Any portion of said width which serves
as an access easement to any other lot or building
site; and
EXHIBIT C
1
(b) Any portion of said width which serves as
an improved surface food control project under the
jurisdiction of any public agency.
Section 3. New Section 9102.29(1) is hereby added to
the Rosemead Zoning Code to read as follows:
"9102.29(1). Lot depth as depicted on Appendix
"A ", attached hereto and incorporated by this reference,
shall mean the length of a straight line drawn from the
midpoint of the front lot line and at right angles to
such line connecting with the line intersecting the
midpoint of the rear lot line; provided, however, that
for the purpose of measurement, methods of measurement
shall be applicable as per the following described
circumstances:
(a) In the case of a lot having a curved
front line, the front lot line, for the purposes of
this Section, shall be deemed to be a line tangent
to the curve and parallel to a straight line
connecting the points of intersection of the side
lot lines of the lot with the front lot line.
(b) In the case of a flag lot, for the
purposes of this Section, the front lot line shall
be that property line which extends across the
width of the lot, which is exclusive of and is not
to be confused with, those property lines contained
within the flag lot vehicle access leg to the
public street."
Section 4. New Section 9102.29(2) is hereby added to
the R(semead Zoning Code to read as follows:
"9102.29(2). Lot, flag shall mean a lot whose
shape or property line configuration is created in a
manner which utilizes an extension of property for the
exclusive purpose of obtaining vehiclar and pedestrian
access to a public street, or as described within
Appendix "A ", attached hereto and incorporated herein by
this reference."
Section 5. Section 9102.28 of the Rosemead Zoning
Code is hereby amended to read as follows:
"9102.28. Lot area shall mean the total
area within the boundary lines of a lot or parcel;
provided, however, that the following shall be excluded
from the computation thereof:
(a) Any portion of said
serves as an access easement
building site; or
2
lot or parcel which
to any other lot or
(b) Any portion of said lot or parcel which
serves as an improved surface flood control project
under the jurisdiction of any public agency.
For the purpose of determining area in the case of an
irregular, triangular or gore- shaped lot, a line ten
(10) feet in length within the lot and furthest removed
from the front lot line and at right angles to the line
representing the lot depth of such lot shall be used as
the rear lot line."
Section 6. New Section 9104.21 is hereby added to
the Rosemead Zoning Code to read as follows:
"9104.21. Flag Lot Development, Purpose of
Standards of- Develo went. In order to provide the
opportunity tor sing e- amily residential flag lot
development, and to maintain the integrity of existing
single - family areas, the following regulations and
criteria of evaluating flag lot development are esta-
blished. However, in no case shall more than three (3)
flag lots be allowed within any subdivision considera-
tion.
A. All development standards and definitions
contained within this Chapter shall continue to be
applicable and in force unless otherwise
specifically addressed within this Section.
Particular reference is made to Section 9104.7
pertaining to a minimum fifty foot (50') street
frontage. The applicability of this requirement to
non -flag lot parcels, which may be part of the land
division under consideration, is hereby emphasized
for clarity.
B. Front yard. For the purposes of this
Section, a front yard shall be defined as that area
which extends across the width of the lot, or as
otherwise defined within Section. 9102.54 and is
immediately adjacent to the flag lot vehicular
access leg, which connects to the public street.
Such vehicular access leg is exclusive of a front
yard setback area, as depicted within Appendix "A"
herein.
C. Front Yard Setback. Those front yard
setback requirements contained within Section
9104.3 herein shall apply; provided, however, that
for the purposes of measurement, the following
methods shall be applicable, and as depicted within
Appendix "C" herein.
(1) When a single (one) flag lot is to
be served by a driveway which is solely
devoted to the exclusive use of such single
3
flag lot, measurements shall be initiated from
the front property line, as defined under the
preceeding subsection B.
(2) When two or more flag lots are to be
serviced by a common driveway obtained through
fee, easement, or in combination thereof, and
when such lots lie partially within such ,
common driveway, no setback measurements shall
include any portion of such common driveway.
(3) The Planning Commission may
establish a new point of measurement for front
yards; providing, however, that common
driveways or vehicular access easements shall
not be counted towards satisfying front yard
setback requirements.
D. Side Yard. The minimum side yard setback
shall be five feet (5'); provided, however, that
for the purposes of measurement, the following
methods shall be applicable as per described
circumstances and as depicted within Appendix "A"
herein.
(1) When a single (one) flag lot is to
be served by a driveway which is solely
devoted to the exclusive use of such single
flag lot, measurements shall be initiated from
the side property line.
(2) When two or more flag lots are to be
served by a common driveway obtained through
fee, easement, or in combination thereof, and
when such lots lie partially within such
common driveway, no setback measurements shall
include any portion of such common driveway.
E. Lot Area. The minimum lot area shall be
six thousand 6,000) square feet and shall be
calculated as per Section 9102.28, provided,
however, that for the purposes of this Section, the
following shall be applicable:
(1) The minimum developable lot area,
exclusive of vehicle access leg or common
driveway access easements, shall be five
thousand (5,000) square feet and as depicted
within Appendix "A" herein.
F. Lot Width. The minimum lot width for a
flag lot developable area as described in the
preceeding subsection E(1) shall be fifty feet
(50') and shall be determined per the method
4
described under Definitions, Section 9102.36(01)
Lot Width, contained within this Chapter.
G. Lot Width Street Frontage. The minimum
street frontage for a flag lot development is
directly dependent on the number of flag lots. The
following requirements shall be applicable as per
described circumstances and as depicted within
Appendix "A" herein.
(1) The minimum
sin�le (one) flag lot
(15 ) .
street frontage for a
shall be fifteen feet
(2) The minimum street frontage for two
or more lots which are so designed to provide
a common vehicular access leg by way of fee,
easement, or combination thereof, shall provide
a minimum of three feet (3') of real property
street frontage; provided, however, that the
following minimum street access widths are
established:
(a) The street frontage for two (2)
lots shall be eighteen feet (18'); pro-
vided, however, that such requirement may
be achieved by a combined contribution of
individual lot street frontage which
equals the required access driveway
width.
(b) The street frontage for three
(3) flag lots shall be twenty -six feet
(26'); provided, however, that such
requirement may be achieved by a combined
contribution of individual lot street
frontage which equals the required street
frontage width.
(3) The minimum street frontage width
for non -flag lot parcels which face a public
street shall be fifty feet (50') as prescribed
in Section 9104.7.
(4) The street frontage access width may
be increased beyond those requirements
contained within this subpart, based on the
recommendation of the City Engineer or Fire
Department.
H. Driveway. The interior lot driveway
requirements shall be the same dimensions and shall
occur under the same circumstances as contained
within the preceeding subsection G. Lot Width,
Street Frontage.
5
I. Application and Procedural Provisions
Pertaining to Flag Lot Developments.
(1) The requirements contained within
this Section shall only apply in conjunction
with the consideration of a division of.land
which contains a flag lot.
(2) That a site plan, drawn to scale,
which accurately depicts all proposed
structures and required setbacks and vehicle
driveways, shall be submitted in conjunction
with any application for a division of land
which contains a flag lot. The site plan will
become a permanent formal record of reference
within the City's subdivision files after the
approval or denial of such plan. The
surrounding areas and land uses shall be shown
for a distance of at least three hundred feet
(300').
(3) The Planning Commission will review
the merits of each flag lot proposal in
relationship to the immediate property and the
surrounding area.
(4) Vehicle access easements for
reciprocal use or otherwise shall be shown on
the tentative maps, together with a statement
identifying which lots are subservient and
which lots.are to benefit from such easements.
(5) Should the Planning Commission
choose to approve a subdivision of land,
reasonable conditions related to on- and off -
site improvements may be required. Such
conditions may include, but not be limited to,
the following:
(a) Where three (3) or more lots
are created by a subdivision, all
utilities shall be placed underground.
(b) Correct all building code vio-
lations that exist on the remaining
structures.
(c) Correct all zoning violations.
(d) Parcel maps splits are required
to install street improvements.
(e) Residential driveway pavement
requirements for two (2) lot divisions
are 2 inches of AC over 3 inch base
I
material crushed aggregate; all other
divisions are 4 inches of AC over 4 inch
base material crushed aggregate, or 6
inches of concrete.
(f) New fencing and /or walls may be
required along existing and proposed
property lines.
(g) Where vehicle access easements
are to be used, a covenant shall be
prepared by the applicant for review and
approval of the City Attorney. The .
covenant shall assure that private common
driveways shall be continually maintained
and that cost associated with such
maintenance shall be equally shared by,
all future property owners, whose
properties benefit within the division,
and shall include the following
provisions:
(i) The City shall have the
right to cause such repair to be
accomplished, and to place liens on
the involved properties, if in the
estimation of the City Engineer, the
subject common driveway has reached
a state of disrepair which renders
it a hazard, unsightly, or a public
nuisance; and that the property
owners involved have failed to act
within a reasonable period, (thirty
days), after notification.
(ii) That no parking shall be
allowed within the private common
driveway obtained by easement and
signs restricting same shall be
posted at conspicuous locations.
The ability to cite violations of such parking
restrictions shall be granted to the City of
Rosemead.
J. Public Hearing. A public hearing is
required to be conducted on all divisions of land.
This requirement applies to the creation of flag
lots. The public will be notified in the manner
prescribed by State and local regulations. -
K. Necessary Findings for Approval. The
Planning Commission may approve the platting of
flag lots where all of the following conditions are
found to exist.
7
(1) That the design is justified by
topographic conditions or the size and shape
of the property prohibits .conventional lot
division practices.
(2) That proposed flag lot division is
not so at variance with the existing neighbor-
hood pattern or development as to create
detrimental visual or privacy impacts.
L. Effective Date of Order Granting or
Den in the Plattin of Fla Lots - Time for Appeal.
e resolution o the Planning Commission granting
or denying the platting of flag lots shall become
effective and final on the fourteenth (14th) day
following its adoption unless within such period of
time, an appeal in writing is filed with the City
Clerk by the applicant or any other interested
person. Any such appeal shall be accepted by the
City Council. The timely filing of an appeal shall
stay the effective date of the Planning
Commission's resolution pending action by the City
Council.
M. Attached hereto, and incorporated herein
by this reference, is that certain document
entitled "Appendix A - Rosemead Municipal Code -
Flag Lot Development ", which contains drawings that
depict typical flag lot measurements and layouts.
Section 7. The City Clerk shall certify to the
adoption o this Ordinance and shall cause the same to be
processed as required by law.
PASSED, APPROVED and ADOPTED this 12th day of July,
1983.
ATTEST:
CITY CLERK
MAYOR
APPENDIX "A" ROSEMEAD MUNICIPAL CODE
LOT DEVELOPMENT REQUIREMENTS: SECTION 9102.29 (1) - LOT DEPTH
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PLAN N0.
P-5
APPENDIX "A" ROSEMEAD CITY MUNICIPAL CODE
FLAG LOT DEVELOPMENT REQUIREMENTS: SECTION 9104.21 (B), (C) & (D) -YARDS
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FLAG LOT.DEVELOPMENT PLAN N0.
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PLANNING YARD REQUIREMENTS - ALTERNATES
APPENDIX "A" ROSEMEAD MUNICIPAL CODE
FLAG LOT DEVELOPMENT REQUIREMENTS: SECTION 9104.20 (E) & (G) - LOT AREA & WIDTH
TWO LOT SUBDIVISION
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CITY OF ROSEMEAD
FLAG LOT DEVELOPMENT
LOT AREA & WIDTH REQUIREMENTS
STANDARD
PLAN NO.
P-7
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CITY OF ROSEMEAD
FLAG LOT DEVELOPMENT
LOT AREA & WIDTH REQUIREMENTS
STANDARD
PLAN NO.
P-7
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CITY OF ROSEMEAD
FLAG LOT DEVELOPMENT
LOT AREA & WIDTH REQUIREMENTS
STANDARD
PLAN NO.
P-7
MCA 10 -06 Flag lots Amendments Draft: July 19, 2010
Chapter 17.04
GENERAL PROVISIONS AND DEFINITIONS
17.04.020 Definitions.
"Lot depth" means the length of a straight line drawn from the midpoint of the front lot line and at
right angles to such line connecting with the line intersecting the midpoint of the rear lot line;
provided, however, that for the purpose of measurement, methods of measurement shall be
applicable as per the following described circumstances:
1. In the case of lot having a curved front line, the front lot line, for the purposes of this section,
shall be deemed to be a line tangent to the curve and parallel to a straight line connecting
the points of intersection of the side lot lines of the lot with the front lot line.
2. In the case of a flag lot, for the purposes of this section, the front lot line shall be that
property line which extends across the width of the lot, which is exclusive of and is not to be
confused with, those property lines contained within the flag lot vehicle access leg to the
public street. The front lot line may be parallel or perpendicular to the street which abuts the
propertV.
Chapter 17.16
SINGLE - FAMILY R -1 REGULATIONS*
17.16.140 Flag lot development.
In order to provide the opportunity for single - family residential flag lot development, and to
maintain the integrity of existing single - family areas, the following regulations and criteria of
evaluating flag lot development are established. However, in no case shall more than three Q)
flag lots and one non -flag (conventional) lot be allowed within any subdivision--UndeF
eensiderat+ea.
A. All development standards and definitions contained within this title shall continue to be
applicable and in force unless otherwise specifically addressed within this section. Particular
reference is made to Section 17.16.090 pertaining to a minimum fifty (50) foot street
frontage. The applicability of this requirement to non -flag lot (conventional) parcels, which
may be part of the land division under consideration, is emphasized for clarity.
B. Front Yard. For the purposes of this section, a "front yard" is defined as that area which
extends across the width of the lot, or as otherwise defined within Section 17.04.020 and is
immediately adjacent to the flag lot vehicular access leg, which connects to the public street.
Such vehicular access leg is exclusive of a front yard setback area, as set out in Appendix
A, attached to the ordinance codified in this title.
EXHIBIT D
MCA 10 -05 Flag lots Amendments Draft: July 19, 2010
C. Front Yard Setback. Those front yard setback requirements contained within Section
17.16.050 shall apply; provided, however, that for the purposes of measurement, the
following methods shall be applicable, and as set out in Appendix AG attached to the
ordinance codified in this title.
1. When a single (one) flag lot is to be-served by a driveway which is solely devoted to the
exclusive use of such single flag lot, measurements shall be initiated from the front
property line, as defined under subsection B of this section.
2. When two or more flag lots are to be serviced by a common driveway obtained through
fee, easement, or in combination thereof, and when such lots lie partially within such
common driveway, no setback measurements shall include any portion of such common
driveway.
3. The Planning Commission may establish a new point of measurement for front yards;
providing, however, that common driveways or vehicular access easements shall not be
counted toward satisfying front yard setback requirements.
D. Side Yard. hose side yard setback requirements contained within the underlying zone shall
2l k the ����h..o he s,.,e veer, provided, however, that for the
purposes of measurement, the following methods shall be applicable as per described
circumstances, and as set out in Appendix A attached to the ordinance codified in this title.
1. When a single (one) flag lot is to be served by a driveway which is solely devoted to the
exclusive use of such single flag lot, measurements shall be initiated from the side
property line.
2. When two or more flag lots are to be served by a common driveway obtained through
fee, easement, or in combination thereof, and when such lots lie partially within such
common driveway, no setback measurements shall include any portion of such common
driveway.
E.
F. E. Lot Area. The minimum gross lot area shall be six thousand (6,000) l[P3lsquare feet. Fand
shall be 1p- latex S8Gti9R 17 nn mn is a h'.:^8V8F that for or the purposes of
this section, tfgross lot area shall mean the total area within the boundary lines of a lot or
parcel, and the following shall also be applicable:
The minimum developable lot area (net area), exclusive of vehicle access leg or common
driveway access easements, shall be five thousand (5,000) square feet, and as set out in
Appendix A attached to the ordinance codified in this title.
EXHIBIT D
MCA 10 -05 Flag lots Amendments Draft: July 19, 2010
G. €Lot Width. The minimum lot width for a flag lot developable area as described in
subsection E of this section shall be fifty (50) feet and shall be determined per the method
described under Section 17.04.020, "Lot width," contained within this title.
H. GLot Width— Street Frontage. The minimum street. frontage. for a flag lot development is
directly dependent on the number of flag lots. The following requirements shall be applicable
as per described circumstances, and as set out in Appendix A attached to the ordinance
codified in this title.
1. The minimum street frontage for a single (one) flag lot shall be fifteen (15) feet.
2. The minimum street frontage for two eFa3ere flak lots which are so designed to provide a
common vehicular access leg by way of fee, easement or combination thereof, shall
beprevide a minimum of three Meet of real property street frontage for each flag lot;
provided, however, that the total street frontage for the two flag lots shall be a minimum
of eighteen (18) feet. Such requirement may be achieved by a combined contribution of
individual lot street frontage which equals the required access driveway width.
The minimum street frontage for three flag lots which are so designed to provide a common
vehicular access leg by way of fee. easement or combination thereof, shall be a
minimum of three (3) feet of real property street frontage for each flag lot; provided,
however, that the total street frontage for the two flag lots shall be a minimum of twenty -
six (26) feet. Such requirement may be achieved by a combined contribution of
individual lot street frontage which equals the required access driveway, fG4Gv4R9
3.
3-4. The minimum street frontage width for non -flag lot (conventional) parcels which
face a public street- regardless of the number of flag lots in the development. shall be
fifty (50) feet as prescribed in Section 17.16.090.
45. The street frontage access width may be increased beyond those requirements
contained within this subsection, based on the recommendations or requirements of the
City Engineer or Fire Department.
I. #Driveway. The interior lot driveway requirements shall be the same dimensions and shall
occur under the same circumstances as contained within the subsection G-H of this section.
EXHIBIT D
MCA 10 -05 Flag lots Amendments Draft: July 19, 2010
J. 1Application and Procedural Provisions Pertaining to Flag Lot Developments.
1. The requirements contained within this subsection shall only apply in conjunction with
the consideration of a division of land which contains a flag lot.
2. A site plan, drawn to scale, which accurately depicts all proposed structures and
required setbacks and vehicle driveways, shall be submitted in conjunction with any
application for a division of land which contains a flag lot. The site plan will become a
permanent formal record of reference within the city's subdivision files after the approval
or denial of such plan. The surrounding areas and land uses shall be shown for a
distance of at least three hundred (300) feet.
3. The Planning Commission will review the merits of each flag lot proposal in relationship
to the immediate property and the surrounding area.
4. Vehicle access easements for reciprocal use or otherwise shall be shown on the
tentative maps, together with a statement identifying which lots are subservient and
which lots are to benefit from such easements.
5. Should the Planning Commission choose to approve 'a subdivision of land, reasonable
conditions related to on- and off -site improvements may be required. Such conditions
may include, but not be limited to, the following:
a. Where three or more lots are created by a subdivision, all utilities shall be placed
underground;
b. Correct all building code violations that exist on the remaining structures;
c. Correct all zoning violations;
d. Parcel maps splits are required to install street improvements;
e. Residential driveway pavement requirements for two lot divisions are two inches of
AC over three -inch base material crushed aggregate; all other divisions are four
inches of AC over four -inch base material crushed aggregate, or six inches of
concrete;
f. New fencing and /or walls may be required along existing and proposed property
lines;
g. Where vehicle access easements are to be used, a covenant shall be prepared by
the applicant for review and approval of the City Attorney. The covenant shall assure
that private common driveways shall be continually maintained and that cost
associated with such maintenance shall be equally shared by all future property
EXHIBIT D
MCA 10 -05 Flag lots Amendments Draft: July 19, 2010
owners, whose properties benefit within the division, and shall include the following
provisions:
i. They shall have the right to cause such repair to be accomplished, and to place
liens on the involved properties, if in the estimation of the City Engineer, the
subject common driveway has reached a state of disrepair which renders it a
hazard, unsightly, or a public nuisance; and that the property owners involved
have failed to act within a responsible period, thirty (30) days, after notification.
ii. No parking shall be allowed within the private common driveway obtained by
easement and signs restricting same shall be posted at conspicuous locations.
The ability to cite violations of such parking restrictions shall be granted to the
city.
K. JPublic Hearing. A public hearing is required to be conducted on all divisions of land. This
requirement applies to the creation of flag lots. The public will be notified in the manner
prescribed by state and local regulations.
L. KNecessary Findings for Approval. The Planning Commission may approve the platting of
flag lots where all of the following conditions are found to exist:
1. That the design is justified by topographic conditions or the size and shape of the property
prohibits conventional lot division practices;
2. That proposed flag lot division is not so at variance with the existing neighborhood,pattern
or development as to create detrimental visual or privacy impacts.
M. LEffective Date of Order Granting or Denying the Platting of Flag Lots —Time for Appeal.
The resolution of the Planning Commission granting or denying the platting of flag lots shall
become effective and final on the fourteenth day following its adoption unless within such
period of time, an appeal in writing is filed with the City Clerk by the applicant or any other
interested person. Any such appeal shall be accepted by the City Council. The timely filing
of an appeal shall stay the effective date of the Planning Commission's resolution pending
action by the City Council.
N. M.Attached to the ordinance codified in this title, and incorporated herein by this reference,
is that certain document entitled "Appendix A— Rosemead Municipal Code —Flag Lot
Development," which contains drawings that depict typical flag lot measurements and
layouts.
I EXHIBIT D