PC - 2010-24 - Adopt Municipal Code Amendment 10-05 Amending section 17.04.020 and 17.16.140
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 to clarify inconsistencies between flag lot text and graphics in
the Rosemead Municipal Code; 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
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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.
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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
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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 three 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.
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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.
I. 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;
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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:
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. 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.
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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: ALARCON, ENG, HERRERA, HUNTER, AND RUIZ
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
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
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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: ALARCON, ENG, HERRERA, HUNTER, AND RUIZ
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
i
Stan Wong, cretary
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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 NO.
DIRECTOR of COMMUNITY LOT DEPTH REQUIREMENTS P-5
DEVELOPMENT
APPENDIX "A" ROSEMEAD MUNICIPAL CODE
FLAG LOT DEVELOPMENT REQUIREMENTS: SECTION 17.16.140 (8); (C), (D) & (E) - YARDS
REAR YARD
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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
65' 68' 76'
2 3 4
FLAG LOT FLAG LOT FLAG LOT
v 6000 SO. FT.
6000 SO. FT. 6000 SQ. FT. I~ GROSS
GROSS GROSS I 5000 SQ. FT.
5000 SQ. FT. I 5000 SQ. FT. NET
NET NET ACCESS LEG
15' ACCESS LEG & EASEMENT 'I
V MIN •I V I& EASEMENT I Z
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CONVENTIONAL a FLAG LOT o < w ° 1 1 °
6000 SO. FT.
a LOT o a,w ,6000 SQ. FT. ; GROSS
6000 SO. FT. GROSS 5000 SO. FT.
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50 MIN. & EASEMENT
STREET 1
R/W CONVENTIONAL
26' MIN. LOT °
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3' MIN. 6000 SO. FT.
NET
3' MIN.
3' MIN.
~50' MIN.
STREET
NOT TO SCALE -RAW
NOTE: GROSS LOT AREA INCLUDES THE ACCESS LEG
NET LOT AREA EXCLUDES THE ACCESS LEG AND/OR EASEMENT
DATE APPROVED CITY OF ROSEMEAD STANDARD
FLAG LOT DEVELOPMENT PLAN NO.
DIRECTOR OF COMMUNITY LOT AREA & WIDTH REQUIREMENTS P-7
DEVELOPMENT