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Ordinance No. 539 - Land Uses in the P-D ZoneORDINANCE NO. 539U 0 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING PART XX OF CHAPTER IX OF THE ROSEMEAD MUNICIPAL CODE PROVIDING FOR AND REGULATING LAND USES IN THE P-D ZONE, REPEALING ORDINANCE NO. 533 AND DECLARING THE URGENCY THEREOF. 0 • THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: Section 1. Part XX of Chapter IX of the Rosemead Municipal Code is hereby amended to read as follows: PART XX - P-D ZONE "9120. P-D Planned Development. This zone is designated to accommodate various types of development such as shopping centers, professional and administra- tive areas, multiple housing developments, single- family residential developments, commercial service centers and industrial parks and other uses or a combination of uses which can be made appropriately a part of planned development. A Planned Development Zone may be established to provide diversification in the location of struc- tures and other land uses while insuring compliance with the General Plan and compatibility with existing and future developments in surrounding areas. "9120.1 Uses Permitted. Commercial, Residential & Industrial uses may be permitted in the P-D Zone subject to regulations set forth in this part and subject to the approval of the Planning Commission and City Council. GRW32-22A • 0 "9120.2 Planned Development Zone. Planned Development Zones shall be created in the same manner as property is reclassified from one (1) zone to another as set forth in Section 9186 et seq. hereof. An application for change of zone to a P-D Zone shall include and be accompanied by a development concept plan which, if approved by the Planning Commission and City Council, shall become a part of the Zoning Map of the City of Rosemead. The Planning Commission may recommend to the City Council approval or disapproval of the P-D Zone and development concept plan as submitted, or modification, alteration, adjustment, amendment or conditional approval of the development concept plan. The decision of the Planning Commission shall include a finding as to whether the proposed development is consistent with the General Plan. "9120.3 Development Concept Plan. An application for a change of zone to a P-D Zone shall be accompanied • by a development concept plan, drawn to scale, showing the following information: 1. A map showing the topography of the site included in the proposed zone at l' contour intervals on areas of a gross slope of less than 5%; at 2' contour intervals on areas of 5-10% gross slope; at 5' contour intervals on areas exceeding 10% gross slope. 2. General locations of each existing and each proposed structure in the development area, the use or uses to be contained therein and the number of stories, gross building and floor area. 3. Schematics or renderings of elevations of structures to indicate architectural and construction types. 4. The gross land area of the site and a map indicating the zoning classification and land use of the area within 300 feet of the perimeter of the site, including the location of structures and other improvements. -2- GRW32-23A • 0 5. Such other information as may be required by the Planning Department to assist in the consideration of the proposed P-D zone and to determine that the proposed development concept is in harmony with the surrounding neighborhood. "9120.4 Approval of Development Plan. An application for approval of a development plan shall be filed with the Commission within two (2) years after classifi- cation of a property as P-D. (Such two (2) year time limit shall not apply to property zoned P-D before the effective date of this section.) The application shall set forth the name and address of the property owner, the description of the property, the date on which the property was classified as P-D and a copy of the approved concept plan. In addition, the application shall be accompanied by a precise plan of the proposed development, including: 1. Location of each existing and location and dimensions of each proposed structure in the site, the use or uses to be contained • therein, the number of stories, gross building and floor area, location of entrances and loading points thereof. 2. Location of proposed parks, playgrounds, school sites, public buildings and other such uses within the zone. 3. All streets, points of access, curb cuts, garage door locations, driving lanes, parking areas, and in commercial develop- ments, the ratio of off-street parking to building floor area, loading area, public transportation points, and illumination facilities for the same. 4. All pedestrian walks, malls and open areas for the use of occupants and members of the public. 5. Location, height, and material of all walls and fences. Location and height of all screen planting in front, side and rear yards. -3- GRW32-24A • • 6. Types of surfacing, such as paving, turfing or gravel, to be used at the various locations. 7. Landscaping and Tree Planting Plan including type and location of plant materials to be used including an irrigation plan. 8. Plans and elevations of structures indicating architectural, building materials and construction standards. 9. The gross land area of the site and of the foot prints of the structures. 10. Such other information as may be required by the Planning Department to assist in the consideration of the Development Plan. 11. A map or grading plan showing the proposed grading and topography of the site. Such application shall be processed and heard in accordance with the provisions of Section 9186 et seq. of this Code. The Planning Commission and • City Council may impose reasonable conditions to the approval of the Development Plan. When approved, the Development Plan shall supersede the concept plan approved upon adoption of the P-D Zone. "9120.5 Conditions of Approval of Planned Development. An applicant may be required to dedicate land for street or other purposes authorized by law, to restrict areas for open space, for beautification or for off-street parking and to comply with such other conditions as may be imposed to achieve harmony with the General Plan and compatibility with surrounding land uses. The development as authorized shall be subject to all conditions so imposed. Such conditions may be modified where circumstances warrant after a hearing by the Planning Commission. "9120.6 Modification of the Development Plan. Changes in the use shown in the Development Plan shall be considered in like manner as changes in the zoning map and shall be made in accordance with the procedures set forth in this Chapter, except such changes may be accomplished by a Resolution rather than by Ordinance. -4- GRW32-25A • "9120.7 Area. A P-D Zone shall include a parcel of land containing not less than one (1) acre (43,560 sq. ft.). A P-D Zone may be considered on a parcel of land less than one (1) acre in area only where such property has a common boundary with property which has previously been developed under an approved plan pursuant to this part and the plan shall indicate that the proposed development will constitute an orderly extension in arrangement of buildings, facilities and open space throughout the combined parcels of land in addition to all the other requirements for approval. 119120.8 Open Area. Percent of site required to be devoted to open space for residential developments: UNITS REQUIRED OPEN SPACE 1-20 25% 21-40 40% 41 + 50% Land occupied by streets, driveways or required • parking spaces shall not be counted in satisfying this open space requirement. At least one-half of the required open space shall have an overall finished grade not to exceed ten percent. The remaining open space may be improved or left in its natural state. Open space left in its natural state shall be hazard free. Subject to the approval of the Commission and Council, open space may include one or more of the following: a. Common open space developed for recreational purposes including land occupied by recrea- tional buildings. b. Areas of scenic or natural beauty forming a portion of the proposed development. • c. Present or future recreational areas of a noncommercial nature including parks and playgrounds. d. Present or future hiking, riding or bicycle trails. e. Landscaped portions adjacent to streets or highways which are in excess of minimum required rights-of-way. -5- GRW32-26A • Private open space, excluding balconies. Upon approval of the Development Plan minor deviations from the above specified percentages of required open space may be permitted if, in the discretion of Commission or Council, the nature and design features of the development are such that the purpose of this Part and of the General Plan and the intent of the open space requirements are satisfied. "9120.9 Phasing. If development is to be accomplished in stages the development plan shall coordinate improvement of the open space, the construction of buildings, structures and improvements in such open space, and the construction of dwelling units, in order that each development stage achieves a proportionate share of the total open space environmental quality of the total planned development. "9120.10 Commercial Planned Developments. Additional conditions containing reasonable regulations regarding traffic flow, access driveways, off- street parking, signs and billboards, walls, fences, paved areas, planting areas and other open areas may be required by the Planning Com- mission to assure a reasonable and compatible development in harmony with, and not detrimental to, the surrounding area. 119120.11 Signs Permitted in the P-D Zone. A. Building Directory Signs. One (1) exterior sign at each building entrance, such sign not to exceed ten (10) square feet in area, and such sign to be a limited directory type indicating only the name of the business and the use conducted by tenants. • B. Exterior Wall Signs. Exterior Wall signs may occupy not more than twenty percent (20%) of any front, side or rear wall of a main building or structure, such signs to pertain only to a use conducted, service provided, goods produced or sold on the premises, or the name of the owner or tenants of the building. -6- GRW32-27A . • C. Free Standing Signs. One (1) free standing sign for each commercial business, provided that the total area of any one (1) sign shall not exceed one hundred (100) square feet. i. Total height of any free standing sign not to exceed 35'. ii. Such signs shall pertain only to use conducted, service provided, goods produced or sold on the premises, or the name of the owner or tenants of the building. iii. Permitted free standing signs shall not project into any public right- of-way. "9120.12 Parking. Parking requirements shall be as provided in Section 9122.9 of this Code. "9120.13 Building Permits. No building permit shall . be issued until the Development Plan is approved by the Planning Commission and the City Council. Building permits shall be issued for plans sub- stantially in accordance with the approved Devel- opment Plan. "9120.14 Development Schedule. An application for approval of a Development Plan in a P-D Zone shall be accompanied by a development schedule indicating the approximate date on which construction of the project can be expected to begin, the anticipated rate of development and completion date. Such development schedule, if approved by the Planning Commission and City Council, shall become a part of the Development Plan and shall be adhered to by the owner of the site and any successor in interest. • 9120.15 Expiration. Upon the abandonment of a project authorized by approval of a Development Plan, or upon the failure to implement the Development Plan within the time specified, or if no time is so specified, within one (1) year after approval of the Development Plan, the Development Plan shall be null and void. -7- GRW32-28A • C Upon good cause shown by the applicant, the Planning Commission may extend the time limitation imposed by this Part once, for a period not to exceed one (1) year, without a public hearing. Once a Development Plan has become void by failure to implement, or if no application for approval of a Development Plan has been filed within two (2) years after classification of a property as P-D, it is the general policy of the Planning Commission to initiate amendment proceedings under this Chapter to rezone the project area to whatever zone it had prior to the P-D Zone approval." Section 2. Ordinance No. 533 entitled "An Ordinance of the City Council of the City of Rosemead Establishing a Moratorium on Construction or Development of Residential Condominiums and Planned Development Projects and Declaring the Urgency Thereof" is hereby repealed. Section 3. The existing provisions of the Rosemead 40 Municipal Code providing for and regulating land uses in the P-D zone require clarification in order that the P-D zoning may be administered in a manner necessary to provide for compatibility between property in the P-D zoning and the surrounding land uses. The proper regulation of land uses within P-D zones is essential in order to provide for and protect the public health, safety and welfare. Proposed developments are now pending before the City Council which require the immediate application of the P-D zoning ordinance. Unless this ordinance is effective immediately, the City Council will be unable to process the pending applications and provide adequately for the protection of surrounding properties. This ordinance is, therefore, necessary to protect the public safety, health and welfare and is an urgency ordinance. Section 4. This ordinance shall be effective immediately upon adoption. Section 5. The City Clerk will certify to the passage and adoption of this ordinance and shall cause the same to be posted in the manner required by law. -8- GRW32-29A lb PASSED, APPROVED AND ADOPTED this 29th day of September, 1981. Mayor • • ATTEST: City C rk -9-